...for you. [ beep ] ♪

♪ ♪ this witch, this evil-doer, this monster -- >> she has no respect for the traditions of our constitution, none. >> the absolute disgrace to the supreme court. >> she's one of the most vile human beings. >> she's very wicked, yeah. >> she is anti-american. >> she's a zombie. the woman is a zombie, ruth

bader ginsburg! >> i ask no favor for my sex. all i ask of our brethren is that they take their feet off our necks. ♪ ♪ they get the bull in the china shop ♪ ♪ there's a china doll in the bullpen ♪ with a spitfire and biting at the big swing at every pitch ♪ ♪ we get the bull in the china shop ♪ ♪ there's a china doll in the bullpen ♪ ♪ it's all in the wrist, finer in the hip ♪ let's begin. >> 26, 20, 24, 23, 21, 20, 19. ♪ it's been assume the i'm sort off irrelevant because i refuse to downplay my intelligence. but in the room with thugs and veterans, why am i the only one who is acting like a gentleman ♪ >> justice ruth bader ginsburg. ♪

♪ all cloak, no dagger >> how is your health? >> i'm feeling just fine. >> here now to comment is ruth bader ginsburg. ♪ like a bull in the china shop ♪ ♪ there's a china doll >> it's an amazing thing to see somebody in her 80s become such an icon. >> do you mind signing this copy? >> i'm 82 years old, and everyone wants to take a picture with me. >> she is really, when you come right down to it, the closest thing to a super hero i know. ♪ and i love this job, but good god ♪ ♪ sometimes i hate this >> we call her notorious rbg, her rap name. >> notorious. >> rbg. >> yeah. >> rgb. >> rbg, right. ♪ like a bull in a china shop >> ruth bader ginsburg getting a lot of attention after she delivered a scathing dissent. >> whether you agree with her or not, you've got to acknowledge she's been a force on that court. >> hero ruth bader ginsburg. >> as much as people admire her, they don't even know the half of it.

>> she was the queen. >> ruth knew what she was doing in laying the foundation. >> to put women on exactly the same plane as men. >> ruth bader ginsburg quite literally changed the way the world is for american women. >> 12, 11, 10, 9, 8, 7, 6, 5. >> today the senate judiciary committee welcomes judge ruth bader ginsburg, the president's nominee to be associate justice of the united states supreme court. ♪ let's begin >> judge, do you swear that the testimony you're about to give will be the whole truth and nothing but the truth, so help you god? >> i do, mr. chairman. >> thank you. >> i am a brooklynite, born and bred, a first generation american on my father's side, barely second generation on my

mother's. what has become of me could happen only in america. ♪ >> neither of my parents had the means to attend college, but both taught me to love learning, to care about people and to work hard for whatever i wanted or believed in. my father was from odessa and during his growing up years when they were admitted to the russian schools, education was terribly important. my mother was loving but also very strict, making sure that i did my homework, practiced the piano, didn't stay out jumping rope too long. >> justice ginsburg, we cannot call ruth.

>> right. >> we call her kicky. >> she was beautiful. big beautiful blue eyes which you really can't see very well behind her glasses, very soft brown hair. >> she had this kind of quiet magnetism. >> right. >> and she didn't do small talk. >> no, no small talk. >> and she didn't do girl chat. >> no. >> and she didn't get on the phone and talk with us about what happened on the weekend. >> she's a deep thinker. she and her mom were very close, very, very close. >> my mother died when i was 17. i wish i could have had her longer. >> well, her mother must have been a very steely person because she had cancer a long time and lived trying to get her child through high school. >> we were supposed to be at graduation, and then the night

before we knew she couldn't be a part of this. we knew then that her mother had passed away. >> she had two lessons that she repeated over and over. be a lady, and be independent. be a lady meant don't allow yourself to be overcome by useless emotions like anger and by independent she meant it would be fine if you met prince charming and lived happily ever after, but be able to fend for yourself. >> in my lifetime i expect to see three, four, perhaps even more women on the high court bench, women not shaped from the same mold but of different complexions. i surely would not be in this room today without the determined efforts of men and women who kept dreams of equal citizenship alive.

i have had the great good fortune to share life with a partner is truly extraordinary for his generation, a man who believed at age 18 when we met that a woman's work, whether at home or on the job is as important as a man's. i became a lawyer in days when women were not wanted by most

members of the legal profession. i became a lawyer because marty supported that choice unreservedly. >> so what was it about marty? [ laughter ] >> marty and i met when i was 17. he was 18. i was in college. cornell was a preferred school for daughters, and in those days there was a strict quota for women. there were four men to every woman.

so for parents cornell was the ideal place to send a girl. if she couldn't find a man there, she was hopeless. [ laughter ] my first semester at cornell i never did a repeat date. [ applause ] and then i met matter, and there was something amazingly wonderful about this man. he was the first boy i ever knew who cared that i had a brain. most guys in the '50s didn't. one of the sadnesses about the brilliant girls who attended cornell is that they kind of suppressed how smart they were, but marty was so confident of his own ability, so comfortable with himself, that he never regarded me as any kind of a threat. >> we all were struck by the

tremendous difference between marty and ruth. marty was the most gregarious, outgoing, life of the party. ruth was really quite recesssive in a way, shy, quiet, soft voice, but they worked. they worked. >> he's so young. meeting marty was by far the most fortunate thing that ever happened to me. marty was a man blessed with a wonderful sense of humor. i tend to be rather sober. in those days, it was not a great time for our country. ♪

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try olay daily facials. brand power. helping you buy better. in those days, it was not a great time for our country. there was a red scare abroad in the land. >> are you a member of the communist party, or have you ever been a member of the communist party? >> it's unfortunate and tragic that i have to teach this committee that -- >> that's not the question. that's not the question! >> i had a government professor a he wanted me to see that our country was straying from its most basic values by some of our politicians who were seeing communist in every closet, but there were lawyers who were defending the rights of these

people to think, to speak, to write freely. >> stand away from the stand! >> fight for the bill of rights. >> officer, take this man away from the scene. >> and then i got the idea that you could do something that would make your society a little better. my family had some reservations about this, but then when i married at the end of college, my family said, well, she wants to be a lawyer. let her try. if she can't succeed, she will have a husband to support her. >> that's me waiting to get my diploma, very happy. that's a nice one. >> cute, yeah. >> my brother and cousins and i all call her bubby. it's a yiddish word for grandmother. it's what we've always called bubby. >> bubby. >> yes. >> do you know if you have fake sugar, like splenda or sweet 'n low?

>> yes, it should be some place. >> that's helpful. >> i feel like i have my grandmotherly relationship with her and also somewhat of a student and scholarly relationship to her as well now. she taught me the way to win an argument is not to yell because often that will turn people away more so than bringing them to your table. this was the 200th year of harvard, so it took 200 years -- we were the first class that was 50-50 win, 50% men, 50 -- we're the first class. yeah. >> how did it feel to be one of 9 women in a class of over 500 men? >> you felt you were constantly on display. so if you were called on in class, you felt that in you didn't perform well, you were failing not just for yourself but for all women. >> american antitrust laws -- >> the professor would ask a

question and then you would be called on to answer. the way it worked with women is they didn't call on us. i think they were afraid we would sort of wither if we were subjected to that kind of questioning. >> when i was sent to check a periodical in lamont library in the old periodical room, there was a man at the door, and he said you can't come in. well, why can't i come in? because you're a female. there was nothing i could say. this was a university employee that you can't come into that room. >> when i get to harvard law school and i'm really intimidated that first year, marty was saying oh, my wife. she's going to be on "the law review" and there was a woman in the class ahead of mine, and she said this husband of yours is boasting that you're going to be on "the law review." you look like a little twerp.

>> to make "the law review" in those days you had to be in the top 25 academically of 535, 540. her second year she makes the law review so the mere fact marked her as something special. >> it turned out that i did very well the first year, and i attributed that to having something very important in my life that wasn't the law books. i came to harvard as the mother of a 14-month-old child. i'd go to school, study as hard as i can in a very concentrated way. i didn't waste any time. 4:00 in the afternoon our babysitter left, and that was my child's hours until she went to sleep. playing with my daughter gave me a respite from the kind of work

i was doing at law school, and i think made me more sane. >> we knew that marty was ill. he just knew he had his own battle, and ruth is now caring for both marty and janie. >> marty in his third year of law school had cancer and in the days when there was no chemotherapy, there was only massive radiation. he'd go for the radiation, wake up about midnight when the only food that he ate for the day he could manage and then i started typing the notes that his

classmates had given me from his classes, reading whatever cases. i would read from the next day, and maybe i got two hours of sleep. >> she did her own work, helped her husband with his work, organized his friends so they could help him with his work and took of her 2-year-old child. fortunately marty lived, but it's when she learned how to burn the candle at both ends. >> one of the memories of my childhood would be waking up in the middle of the night. their mom would be spread out over the dining room table with her legal pads and the coffee in one hand and the box of prunes at the other. >> she will work until 2:00, 3:00, 4:00, 5:00 in the morning, sometimes until even later and

then she will get up. she has a sitting. she would have to be at the court before nine and then she sleeps the entire weekend so she catches up. >> the sweet thing about working for a justice who works extremely hard is that we saw marty come to our chambers often to many lure her home. he would say, ruth, it's time to come home for dinner. she sometimes had to be physically brought home. are you done yet? does it look like i'm done? shouldn't you be at work? [ mockingly ] "shouldn't you be at work?" todd. hold on. [ engine revs ] arcade game: fist pump! your real bike's all fixed. man, you guys are good! well, we are the number-one motorcycle insurer in the country. -wait. you have a real motorcycle?

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marty graduated from the harvard law school and was going to a firm in new york. that was when ruth finished her second year. given marty, given his recent illness, they had to remain together, and the logical place was new york, and the best option was columbia. >> when i graduated from columbia law school in 1959, not a law firm in the entire city of new york would employ me. >> four of us from my class, marty's class, went to the same law firm, and two of us went to the hiring partner and said, we

had somebody on the harvard law review that we think is the cat's meow. we think this firm should hire her. as soon as i used the she pronoun, the senior partner looked at me and he says, young man. you don't seem to understand. this firm doesn't hire women. >> she hadn't quite figured out why it was that there were these barriers. >> it wasn't until later that this all came together and became her life's work. >> yes. >> in fighting these injustices. >> being a woman was an impediment. >> we did not have equal rights and equal recognition in the law at all. there were not hundreds but thousands of state and federal laws all over this country that discriminated on the basis of gender.

>> typical laws of the time like the husband is the master of the community. he shall choose where the family will live, and the woman is obliged to follow him. ♪ >> there's aspect of american life in which you were not treated differently. >> the idea was that men were the breadwinners that counted and women were pin money

earners, so women woke up and complained. ♪ one of these mornings >> there came to be such a mass in the majority of women really who understood that they were not crazy. the system was crazy. >> now, thanks to the spirit of equality in the air, i no longer accept society's judgment that my group is second class. >> but marching and demonstrating just wasn't ruth's thing. her thick was to use the skills she had and put them to work, and those were her legal skills. >> 1963 she started at rutgers as a law professor. >> and really inspired by her students, she agreed to teach a course in this new subject of gender and law. >> the emergence of women's

rights movement had the possibility of playing the role in the 1970s that the black civil rights movement had played in the 1960s, and so i was particularly eager to create a special project dealing with women's rights. >> i got a call from the aclu asking me if i would consider running the women's rights project with professor ruth bader ginsburg whom i had heard of but did not know. i met ruth the first day i was there. she seemed very polite and quiet and reserved. not a fire brand. >> she wouldn't speak up a great deal during meetings. she always addressed whatever point there was. there wasn't any peripheral element of it. >> no small talk. >> no small talk. none that i can recall. >> at that point in time ruth was developing her philosophy to take cases that would make good law.

if the case is going to be on its way to the supreme court, we wanted to be involved, and we wanted to frankly take over the case. >> she was following in the to the steps of the great civil rights lawyer they are god marshall who was the architect of the battle for racial equality, basing it on the clause of the constitution that guarantees equal protection of the law. she wanted it to apply to equal protection for women. ♪

my first argument before the u.s. supreme court was in frontiero v. richardson. >> i was way back in the 1970s a second lieutenant in the air force. i went in the military because i needed it. >> who says a woman has to settle for a routine job just because she's a woman. discover the united states air force, and you'll discover the world. >> i was newly out of college. this was a new job. i had just married, so it was the start of new everything. it became clear pretty quickly

that the men i was the working with who were married got a housing allowance and i wasn't getting paid a housing allowance because i was a woman. i assumed it was a mistake. so i went off to the pay office to correct the mistake. you're lucky we let you in here at all. you're lucky that the air force allows you to serve was what i heard right off the bat, and it took me aback and i figured, well, you know, here's one bigot so i'll just keep asking around, and it became very clear very quickly that there was no different story, we we went to see a lawyer, and i still thought it was a matter of getting a lawyer to write a letter for me. the lawyer said to me this

isn't an administrative error. this is the law, and it's going to have to be rectified with a lawsuit, and if you're willing we'll take you on. >> ruth and i heard about it, and immediately we let the lawyer for sheryl frontiero know we were interested. it was very important for us to have a part in that case. >> there was a sense and there still is a sense that nice girls don't speak up, nice girls don't make demands. well, too bad. it went to the district court in alabama. we lost, and the next court to go to was the supreme court. ruth and i set to work to write the brief. what we wanted was a review of cases where the court would say sex discrimination doesn't work, and it would be a broad command basically to legislatures to get rid of statutes that discriminate on the basis of gender. but she also added to make the point much more poignant the history of women and the way we

were treated throughout america. >> she captured for the male members of the court what it was like to be a second class citizen. >> frontiero went to the court. routh ginsburg for the first time made an oral argument. she split her time with the lawyer, the man who had begun the case in alabama. >> it's very intense and austere and important and very male, and

it's the whole thing feels like. i was -- i was really kind of scared. we sat down at the council table and the court began. >> and other we are. >> oh, yay, oh, yay. all persons in front. supreme court pay your attention because the court is now sitting. >> mrs. ginsburg. >> i was terribly, terribly nervous, but then i looked up at the justices and i thought i have a captive audience. i knew that i was speaking to men who didn't think there was any such thing as gender-based discrimination, and my job to tell them it real exists. >> mr. chief justice, and may it please the court, women today

face discrimination in employment as pervasive and more subtle than discrimination encountered by minority groups. sex classifications imply a judgment of inferiority. the sex criterion stigmatizes when it is used to protect women for competing for higher paying jobs and promotions. it assumes that all women are preoccupied with home and children. these distinctions have a come effect. they help keep women in her

place, a place occupied by men in our society. >> there was not a sickle question. i just went on speaking, and at the time i wondered are they just indulging me and not listening? or am i telling them something they haven't heard before and are they paying attention? >> the justices were just glued to her. i don't think that they were expecting to have to deal with something as powerful as a sheer force of her argument that was just all encompassing. they were there to talk with a government statue in the government code. we seized the moment to change american society. >> and in asking the court to declare sex a suspect criterion, we urge a position. it was stated in stated in 1837 by sarah grimpky, a noted

abolitionist who said i ask no favor for my sex. all i ask of our brethren is that they take their feet off our necks. >> we're told about the decision when a reporter called us up and said it went in your favor today. how do you feel? >> i said i feel fine, thank you very much. >> we were both happy that we won the camps i mean, let's be clear about it. we won the case, but we lost the standard of review that we wanted by one vote. >> she tried to make the case that sex discrimination should be treated like race discrimination. four justices signed on to that idea. the problem was you need five. >> and i said it's too soon. my expectation to be candid was that i would repeat that kind of argument maybe half a dozen

times. i think generally in our society real change, enduring change, happens one step at a time. she is very disciplined, but

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she is very disciplined, but she has passions that she really enjoys. she loves the opera. ♪ >> she goes to multiple opera festivals, and the whole family will go with her. i think it is a place of tranquillity that is outside of the demands of her job. ♪ >> when i am at an opera, i get totally carried away. i don't think about the case

that's coming up next week or the brief that i'm in the middle of. ♪ i'm overwhelmed by the beauty of the music, the drama and the sound of the human voice. it's like an electric current going through me. ♪ [ cheers and applause ] >> justice, mercy in opera. there are very random emotions. >> a young man had a tragic experience.

his wife had an entirely healthy pregnancy, and he was told that he had a healthy baby boy, bus his wife had died. >> the problem was an amniotic embolism and at that particular point nobody had survived that. by 3:30 in the afternoon the code blue came along, and she died. >> jason was a very easy child. my attitude towards raising a child is that a child is not there for me. i'm there for him, and that's what my job was. >> he determined that he was going to be a care giving parent to that child. he went to the local social security office and asked about the benefits that he thought a sole surviving parent could get,

and he was told that benefit is called a mother's benefit, and he didn't qualify, so he wrote a letter to the editor of his local newspaper, and he said i've heard a lot about women's lib. let me tell you my story. >> to the editor it has been my misfortune to discover that a male cannot collect social security benefits as a woman can. i had been paying it to the social security system and i had died she would have been able to receive a benefit. male homemakers cannot. i wonder if gloria steinem knows about this. >> ruth took a case in which a man was discriminated against in order to show the depth and the importance of sex discrimination. very intelligent thing to do. >> we appeared in the united states supreme court in 1975. when we got to the courtroom, she sat me down at the table with her. she just wanted a male presence to be at that table so the justices would have something to

identify with. that was part of her strategy. >> she tried to convince members of the supreme court who were mostly white male, privileged, class at that time. >> mr. chief justice and may it please the court, for the eight months immediately following his wife's death, steven wise enthat will did not engage in substantial gainful employment. instead he devoted himself to the care of jason paul. >> she knew exactly what she was doing, and it was a very shrewd strategy. >> that case resulted in a unanimous judgment in steven weiss enfeld's favor. his case was the perfect example of how gender based discrimination hurts everyone. >> ruth's conception of the strategy led to a whole string of litigation for the next decade. >> she wanted to build the idea

of women's equality step-by-step. >> it was like knitting a sweater. >> the parties in the discriminatory line almost inevitably hurts women. female citizens of louisiana are denied equal protection by the total absence of their peers from the jury a. >> there is very little difference between men and women. why would aimen jury -- >> i'm not aware of that theory. >> they didn't get it. they didn't understand the issues that women were facing or they didn't see them as issues

because women had, in their minds, women had a place and it wasn't where ruth ginsberg was suggesting that it ought to be. >> men and women are persons of equal dignity and they should count equally before the law. >> you won't settle for putting susan b. anthony on the new dollar? >> they would say things like this. how did you respond? >> well, never in anger, as my mother told me, that would have been self-defeating. always as an opportunity to teach. i did see myself as kind of a kindergarten teacher in those days because the judges didn't think sex discrimination existed. well, one of the things i tried to plant in their minds was think about how you would like the world to be for your daughters and granddaughters.

>> it's underlying, thoughts to keep women not in a pedestal, but in a cage. >> you couldn't miss what ruth was doing during the '70s. she was creating a legal landscape. >> she was doing something that was incredibly important to american women, whether they knew it or not.

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just the thought that i might catch a glimpse of her is overwhelming. i have a mug of her in my room. it says herstory in the making. >> get the book signed. >> i think it's easy to take for granted the position that young women can have in today's society, and that's a lot thanks to justice ginsburg's work. >> who is more disdained or told to go away than an older woman? but here is an older woman who

people really want to hear everything that she has to say. >> it is said in public many times the ideal number of women for the supreme court of the united states is nine. [ laughter ] >> why not? nine men was a satisfactory number until 1981. the change in the federal judiciary as a whole has been enormous. it wasn't until jimmy carter became president. he looked around at the federal judiciary, and he said, they all look like me. but that's not how the great united states looks. >> when president carter was elected, he said there are almost no women and there are almost no african americans on the federal bench, and i am determined to change that. justice ginsburg and i were two of the people who benefited from

that promise. ruth was nominated in 1980, and we became colleagues on the u.s. court of appeals for the d.c. circuit. >> but i was appointed to the d.c. circuit so often people would come up to me and said, it must be hard for you commuting back and forth to new york, because they couldn't imagine that a man would leave his work to follow his wife. >> he had been extraordinarily successful as a practicing lawyer in new york. there were people who would say he was the best tax lawyer in the city of new york, and believe me, that is saying something. >> he was okay playing second fiddle. in fact, he made a joke of it always. he would say, i moved to washington because my wife got a good job. >> how much advice do you give each other? [ laughter ]

>> marty was the funny one in the family, and she loved it. and you could see the twinkle in her eye when he would do his funny little quips and jokes. >> as a general rule, my wife does not give me any advice about cooking and i do not give her any advice about the law. this seems to work quite well on both sides. [ laughter ] >> my father was a very outgoing, very fun person, and i think he helped temper some of mom's seriousness at times, which i think was to everybody's benefit. >> we used to keep a book called "mommy laughed" which had entries. >> you were giving me advice at 7:00, it's time to come home for

dinner. at 7:30, 7:30 and 9:00 we'd generally make it. the other time, it's time for you to go to sleep. that's the daily advice that i give. >> well, it's not that bad advice. you have to eat one meal a day and go to sleep. >> he allowed ruth to be who she was. that is, a relatively reserved, serious person who focused on her law work and loved doing that. and the relationship was just magnificent to watch. >> and when marty was starting out in law practice and eager to make partner, i was responsible for the lion's share of taking care of the home. but when the women's movement came alive and marty appreciated the importance of the work i was doing, then i became the person whose career came first. >> what was she like as a woman?

>> exigent. >> what do you mean by that? >> do your homework. clean your room. don't disappoint us. >> our dear daughter jane, all smile, volunteered to the press she had grown up in a home in which responsibility was equally divided. her father did the cooking, she explained, and her mother did the thinking. [ laughter ] >> so, is she really such a horrible cook? >> yes. >> oh, yeah. to this day i still can't eat sword fish after what she did to it. >> ruth is no longer permitted in the kitchen. [ laughter ] this by the demand of our children who have [ laughter ] [ applause ] ♪

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dad? yea, we're going. use the card that gets you miles closer to your promise. and start something priceless. so much of the scape of america is the work of the supreme court and so the makeup of that court is one of the enduring legacies of the president who has an opportunity to appoint justices. tonight this new president has his first chance to make it a clinton court. >> this president has a very clear idea of what he wants in this justice. >> i really did want to put governor cuomo on the court, but he didn't want to do it so i kept looking around. >> he kept moving from his

favorite person of the week to the next favorite person of the week. and judge ginsburg was sort of old to be a nominee. she was in her early 60s. most people i think thought she was out of the running for that race. and marty was just not going to accept that. >> we're talking about ruth, and we must remember how shy she was. i can't think of anyone less likely to toot her own horn than ruth. so marty had to play the new york philharmonic. ♪ ♪ >> no question about it. people who observed at the time said, well, ruth would have been on a list. maybe she would be 22 or 23. but it was marty who made her number one.

he had a little book of people that he contacted. they were -- [ laughter ] >> he had lots of contacts in the business community, lots of contacts in the legal community, in the academic community, among the women she had helped. and he -- i don't even know all the things he did. >> he was so in love with his wife and so respected her as a real giant in the legal profession, he thought it would be an outrage if she wasn't seriously considered. >> look, he wasn't the only one campaigning for somebody to be on the court. he had some pretty stiff opposition. but it was her interview that did it. >> when i was nominated back in 1993, senator biden chaired the committee. the leading republican member was orrin hatch. >> do you have any concerns

right now? >> there are always concerns because these are very important positions. and so there will be a lot of questions asked. >> day two of the ruth bader ginsburg confirmation hearings. >> judge ginsburg did something no recent high court nominee has done, spoke at length about her support for abortion rights. >> it is essential to women's equality with men that her choice that she be the decision maker -- this is something central to a woman's life, to her dignity. >> she was put on the court by a liberal president, as a liberal justice. and that's the way this country works. >> i disagree with you on a number of things and i'm sure you disagree with me, but that isn't the issue, is it? frankly, i admire you. you've earned the right, in my

opinion, to be on the supreme court. >> she was confirmed 96-3. now, you would argue it is not as partisan at the time as it is now, but it was pretty partisan. >> promising to defend the constitution, pioneering women's rights advocate ruth bader ginsburg has been sworn in as the second woman on the u.s. supreme court bench. >> i will well and faithfully discharge -- >> the duties of the office on which i am about to enter. >> the duties of the office on which i am about to enter. >> so help me god. >> so help me god. [ applause ] >> it was extremely exciting because this powerful little woman was going on the supreme court, and that meant there were going to be two.

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during my long tenure here, i was not the most, quote, liberal justice on the court. >> in the beginning i think what she was looking for was to build consensus. >> even though chief justice

rehnquist and sandra day o'connor were conservative j justices, they were still justices with which justice ginsburg was able to find common ground. >> to start out, i thought you might like too know know a litt about the gentlemen who are surrounding us. these are the first set of chief justices of the supreme court. john marshall is the fourth chief justice. what he said was, if this constitution is the highest law of the land, the 14th amendment has a clause that you all should know about. it says, nor shall any state deny to any person the equal protection of the laws. so if congress passes a law, or

the president issues an executive order that is in conflict with the constitution, the constitution must prevail. >> vmi was a 150-year-old all-male military college. it had tremendous endowment, well connected alumni, four-star general reza aslan. when you came out of vmi, that was something. >> the virginia military institute was the last all male-supported school in the country. the tradition as a all-male military academy. >> boys can be troublesome and

full of hormones and don't make general characteristics or characterizations here, some young men at that time in their life, they need discipline and vmi provided that. >> look at the redwood standing before you. they represent the edifice of vmi. >> a female high school student wanted to attend vmi, so she brought a case against virginia claiming that the all-male admissions policy violated equal protection. it actually went from the district court to the appellate court before it came up to the supreme court. this was an extremely important case for justice ginsburg. it was her first women's rights case on the supreme court. >> the honorable, the chief justice and the associate justices of the supreme court of the united states. >> it was very much aware of justice ginsburg's history with respect to gender, excluding

women from an institution. i was very much aware of that. and i was trying to fashion an argument that would penetrate that. >> mr. chief justice, may it please the court, educators are virtually united that many young men and young women significantly benefit from a single-sex education. >> the curiosity is if you're defending female sex education when virginia abandoned female sex education in all schools but one. >> there are a number of women only schools in virginia that chose themselves to go to co-education because of demands that occurred -- >> demands from who? >> trends away from single-sex education. >> i was dealing with a very worthy and formidable force at the other side of that bench. >> to clarify, you are defending vmi for all males and no public program for women. >> the effort is by virginia is to promote diversity by creating

opportunities for people of both sexes. >> that was my pitch. as you know, it didn't work. >> the opinion of the court in virginia against the united states will be announced by justice ginsburg. >> some women can meet the physical standards vmi imposes on men. keep up with all the activities required of the vmi cadets and would retain vmi. this does mark a law denying women equality, participate in, and contribute to society based on what they can do. >> before men only became history issued women cadets.

>> i was in the first class of women. we were here not to break tradition, not to ruin history, but to help grow it. for those four years, i worked extremely hard to be the best person that i could be and to represent women as a whole. i wanted to be that person that stood in front of the men and said, i can do it, too. >> it is most appropriate that we welcome today a member of our nation's highest court, a notable example of a citizen with a lifelong dedication to public service. justice ruth bader ginsburg. [ cheers and applause ] >> the virginia military institute wasn't just about vmi. it was about the notion that you cannot exclude women just because they're women.

you cannot say categorically they can't handle this. it's way beyond vmi, way beyond. and she pulled some of the justices of that court over to see that you start -- you start with an assumption that you have got to treat both genders equally. [ applause ] any element.e in yourn ♪ experience amazing at your lexus dealer. this is not a screensaver.game. this is the destruction of a cancer cell by the body's own immune system, thanks to medicine that didn't exist until now. and today can save your life. ♪

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so that you can see, many varieties. there are more up on top. this one was given to me by the university of hawaii with french lace and the beads are from the beach. it is a gift from law clerks a few terms back, and this is what i use for announcing majority of them. and this is for dissenting opinions. every day before we sit in the court, the first thing we do is go around the room, each

justice shaking hands with every other. we know that collegiality is very important the effective working of the court, so we better respect each other and even like each other. >> she did something i'm not sure i could have done. she made real friendship with describe kak scalia. >> there are leading voices on both sides of the court. >> why don't you call us the odd couple? [ laughter ] >> he is a very funny fellow. >> she is a very nice person. she likes opera. what's not to like? [ laughter ] >> except her views of the law, of course. [ laughter ] >> justice scalia believes that one should read the constitution according to its plain language, according to the meanings that were ascribed to those words when those words were enacted. >> what you're saying is let's

try to figure out the mind-set of people back 200 years ago, right? >> it isn't the mind-set. it's what did the words mean to the people who ratified the bill of rights or who ratified the constitution. >> as opposed to what people today think it means. >> as opposed to what people today would like. >> i see, the constitution is striving for a more perfect union. >> who were we the people in 1787? you would not be among we the people. african americans would not be among the people. >> she's this supposed famous liberal. he's this supposed famous conservative. she's a jewish, he's catholic. she's retiring at times and he almost never is. and yet as with many great friendships, there is a chemistry that maybe you can't entirely explain. >> what's the most fun thing you've ever done together? was it being on that elephant in india? >> that was a rather bumpy ride. >> and some of her feminist friends gave her a hard time

because she rode behind me on the elephant. [ laughter ] >> i'm not kidding. >> it was -- the driver explained it was a matter of distribution of weight. [ laughter ] >> washington has a reputation of being a hard town to make good friendships. >> and the supreme court itself is a place where your colleagues on any given case are also your adversaries. >> it was very gratifying to see the two of them together and know that they had their disagreements, but my father had this really wonderful friend. >> the presidential election is over. george bush prevails by one vote in the supreme court. >> george, this effectively ends the election. >> it has ended the election. peter, literally one of the closest elections in history. six votes separated gore and bush in florida and now by one vote in the supreme court. this election is over. look at the dissents and the strong language in the dissents.

justice ginsburg, the court's conclusion recounting is impractical. the court's own judgment will not allow it to be tested. such an untested prophecy -- >> should not dee sigh the preside -- decide the presidency of the united states. i dissent. a >> she was never supposed to be the great dissenter, but that's the course that history took her on. george w. bush was able to appoint two justices. the addition of samuel alito and john roberts on the court pushed it far to the right. >> the role of an individual justice can change dramatically as the court changes with more conservatives joining the bench, she found she really had to exercise her dissenting voice. >> of course, i prefer to be in the majority. but if necessary, i will write

separately and dissent. >> i went to work one night and someone had left me a note. it had my name and three men. we four had the exact same job. my pay was 40% less than theirs. the jury found that i had been discriminated against, but of course good year appealed and we were notified we would be heard in the supreme court. i looked at the court makeup. that's when justice alito had just gone on the bench. justice ginsburg at the time was the only female left. justice alito read the opinion. he said i was definitely discriminated against, but i had not filed my charge timely, that i waited too late to file my charge. >> justice ginsburg has filed a

dissenting opinion. >> the court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination. congress intended to govern real-world employment practices and that world is what the court is today. >> she hit the nail on the head because she definitely said, they do not know what it's like in the real world. >> today, the ball lies in congress's court to correct the error into which the court has fallen. >> she was laying down a marker for congress. >> and, in fact, the law was changed because of her dissent. >> it is fitting that the very first bill that i sign, the lili ledbetter fair pay restoration act is upholding one of this nation's founding principles, that we are all created equal, and each deserve a chance to

pursue our own version of happiness. [ applause ] >> ruth and i were in new york city to see the play "proof." and as we walked down the aisle to our seats, what seemed like the entire audience began to applaud. many stood. ruth beamed. i beamed, too. leaned over and whispered loudly, i bet you didn't know there's a convention of tax lawyers in town. [ laughter ] well, without changing her bright smile, ruth smacked me right in the stomach. [ laughter ] i give you this picture because it fairly captures our nearly 50-year happy marriage during which i have offered up an

astonishing number of foolish pronouncements and ruth has ignored almost every one. [ laughter ] >> well, i think part of the time when he was sick she was in denial. he just became weaker and weaker the way people get sick when they're close to dying. but she somehow knew how to turn off those tear ducts in public. she steeled herself for it. >> i found this letter next to marty's bed in the hospital. my dearest ruth, you are the only person i have loved in my life, setting aside parents and kids and their kids. what a treat it has been to watch you progress to the very top of the legal world.

i have admired and loved you almost since the day we first met at cornell some 56 years ago. the time has come for me to take leave of life because the loss of quality now simply over whelms. i hope you will support where i come out, but i understand you may not. i will not love you a dot less. >> we met on a blind date in 1950. the truth is it was a blind date only on ruth's side. [ laughter ] >> i cheated. [ laughter ] i asked a classmate to point her out in advance.

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it's considered one of the most important pieces of civil rights legislation ever passed. but by 5-4, the u.s. supreme court today took the teeth out of the a law enacted 50 years ago. >> the voting rights act has policed voting discrimination. but today's decision effectively puts it on hold. >> chief justice john roberts summarized his opinion in four telling words. "our country has changed." >> justice ginsburg has filed a dissenting opinion. >> race-based voting discrimination still exists. this decision is like throwing away your umbrella in a rainstorm because you are not getting wet. >> she called out the majority and said, this makes zero sense.

the entire reason that racial discrimination in voting is not happening is because we have this very important law. >> i was righteously angry right alongside with her. >> her dissent was the introduction for many young people how important court is for everyday lives. i pulled up photo shop and did the design in 15 minutes. >> i came up with a slogan. the one that kept coming back to me, you can't spell truth without ruth. >> a friend of mine posted facebook saying, wow, justice ginsburg sure can write. #notorious rbg. so i started a tumbler notorious rb rbg. >> she is known the notorious rbg. >> this song is dedicated to people who told me i would never amount to nothing. >> people ask me, don't you feel

uncomfortable with the notorious b.i.g.? why should i feel uncomfortable? we have a lot in common. [ laughter ] [ applause ] >> first and foremost, we were both born and bred in brooklyn, new york. [ laughter ] >> young people are really craving different kinds of icons. realizing that somebody like rbg has been doing her job for decades and being forceful and speaking truth to power kind of blows my mind. >> a big win for conservatives in the hobby lobby case. >> justice ginsburg has filed a dissenting opinion. >> the ability of women to participate equally in the economic and social life of the nation has been facilitated by their ability to control their reproductive lives. >> we were all so hungry to hear from ruth bader ginsburg. >> every time justice ginsburg

wrote a dissent, the internet would explode. >> justice ginsburg has filed a dissenting opinion. >> my dissenting opinion. >> i dissents from today's opinion. >> you just had to put dissent and it would get shared compulsive rates. >> here now to comment is ruth bader ginsburg. [ cheers and applause ] >> justice coming in hot. >> i'm ready to rumble. manny pack eww style. i float like a butterfly, sting like a bee, i clean myself like a fly. >> it's so unlike mom, but i don't think mom -- an accurate imitation of mom would be that funny. >> you think she watches? >> i'm sure she knows how to turn -- >> she watches the news hour while she's working out. >> that's at the court. does she know how to turn on the

television at home? >> i don't think so. >> here to explain supreme court justice ruth bader ginsburg. >> is this saturday night live? >> i like my men like i like my decisions. 5'4". that's a third degree g ginsburg. [ laughter ] >> it's marvelously funny. >> remind you of yourself? >> not one bit. except for the collar. >> what about the state of the union where you were caught sleeping? >> i wasn't sleeping. i was giving in to the weight of my glasses. [ laughter ] >> watching it, i noticed her head is drooping a little bit and she might have dozed off for a minute or two. after that happened they called

her up, you were asleep during the state of the union. you can't do that. >> you went to the state of the union and you fell asleep. >> as i often do. the audience for the most part is awake because they're bobbing up and down we sit there stone faced, at least i was 100% sober. >> she does look vulnerable. she's this tiny little person, and that's somehow in contrast with being the ferocious defender of minorities and women ancertain kinds of ideals. >> always, i think, the concern that, can she continue to keep up this pace. >> well, she's now been through two different types of cancer without missing a day on the bench. >> i had my first cancer bout in 1999, and ten years later, i had

p pancreatic cancer. it left me with an advanced appreciation of joys of being alive. >> just grab them and just pull. >> standing up straight? >> yeah. just pull, don't lean back. just pull. pull. >> this is light. >> i know. i know. i a heavier one. if it's too light, i got a heavier one. >> i started training justice ginsburg in 1999. she came out of therapy, and she wanted to build muscle and become stronger. she's a cyborg, and when i say "cyborg," she's like a machine. ♪ lean back. good. pull yourself up. exactly. good.

♪ bring your chest down to the ball. good. >> they're real pushups, right, not girl pushups? >> maybe they are. very real, yes. >> i heard that she does 20 pushups three sometimes a week or something, i mean, we can't even get off the floor or down to the floor. >> right. >> that's true. >> i always feel better no matter how tired i am, at the end of that hour, i'm ready to go again. >> she definitely embodies the larger than life nature of the notorious title more and more as she gets older. >> she's become much more public and vocal. >> especially in a time where our politics are just so garbage. >> just ruth bader-ginsburg spoke out. >> a political outpouring, calling trump a faker. >> justice ginsburg made

inappropriate statements toward. surprised me she'd respond in a derogatory way towards any candidate for president. it's inappropriate. it's not just a matter of dec decor decor decorum. it's a matter of her not understanding her constitutional role. >> she's just come out and issued an apology. >> you released a statement that read, judges should avoid commenting on a candidate for public office, but do you really regret the substance of what you said? >> i think it would be best, wisest course would have been to have say nothing. >> is it wrong for supreme court justices to occasionally make a mistake? no. they are human beings. she's a human being. she apologized for it. >> it is quite possible that many, many executive orders or other things that a president has supported or done are going to come before the supreme court, and that now we have a

sitting justice indicating that that person has a deep antipathy against the lawmaker. >> the notion that i don't comprehend that my job is to interpret the law, really, that i'm going to vote one way based on who i might have voted for president is just -- it -- none of us even if we wanted to, could be successful if that's the attitude that we had. ♪ (burke) that's what we call a huge drag. seriously, that's what we call it. officially. and we covered it. talk to farmers.

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>> you look marvelous. >> knowing that we were opening on the saturday after the election, i wanted somebody who was a washington insider to play the dutchechess. >> there's few operas that have speaking parts, and the duchess is -- was such part so i wrote basically my own lines for the

duchess. ♪ >> it's open, but not empty mind, no surprise, then, that the most devourous have been women. [ cheers and applause ] at all times must conduct herself with dignity and grace. we now request certain essential documents. [ laughter ] have you brought your niece's birth certificate? [ laughter ]

>> ours is a family wildly tr p trumpeted, hence we must take precautions against fraudulent contenders. [ cheers and applause ] >> i think everyone expected you to retire soon. you're 83. >> yeah, you're damn right i was going to retire, but not now, now i have to stay alive and health. give me my thing. excuse me, i have to take my vitamin. >> yeah, oh, my god. that's -- that's a package. >> justice ginsburg, let me does you a tough questions. there were liberals who publicly urged you to retire, two, three

years ago so that president obama could name a replacement. any second thoughts about not doing that? >> i've said many times that i will do this job as long as i can do it full steam, and when i can't, that will be the time that i will step down. >> she has found her voice on the court. she's a center of power, on the court and off the court. >> when the history books are written, an enormous amount will be what she did as a very young lawyer. there would not have been the legal status of women today had it not been for her work in the '70s. she changed everything. >> the gender line helps to keep

women not on a pedastool, but in a cage. >> her work made me feel protected by the u.s. constitution for the first time. >> men and women are persons of equal dignity and count equally before the law. >> she may be small, but she's got a firm backbone. >> it's been a long road for her, and she's fought really hard all the way down it. she's not done fighting. >> looking back over my long life, yes, we may be in trying times, but think how it was. when i went to college, it was a big red scare in our country. some people in our congress saw a communist in every closet and in every corner, but it impressed me there were lawyers reminding our congress we have freedom of speech and of the press, so i thought that was a pretty good thing to do. to help keep our country in to

its most basic values. now is the busiest season for the court. all the assenting decisions for the court have to be circulating, and i have a few of those still to go. >> one of the world's greatest jurists said that the spirit of liberty that enviews our institution must lie first and foremost in the hearts of the men and women who compos this great nation, a community where the least shall be heard and considered side by side with the greatest. i will keep that wisdom in the front of my mind as long as i am capable of judicial service. >> oh, yeah, oh yeah, oh, yeah,

the clerk is now sitting. ♪ ♪ ♪

♪ remember when comedy meant males doing jokes about females like wives and mothers-in-law. well, the tables have turned. >> the idea that chicks aren't funny, i hate to tell you, it's still very much a thing. >> there are some people that can't get their heads around what they don't know. >> i said i wanted to be a comedian. she said, or maybe it's better if you just die. >> i think they thought of women as a different species. >> very few ladies are capable of being comedian. so everybody is like, here's somebody who thinks she can do it. >> this is a great argument that women are doing much better work than men.