♪ ♪

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

ginsburg. >> i ask no favor for my sex. all i ask of our brethren is that they take their feet off our necks. ♪ forget the bull in the china shop, there's a china doll in the bull pen ♪ ♪ fighting at the swinging every ♪ ♪ get the bull in the china shop there's a china doll in the bull pen ♪ ♪ it's all in the wrist five from the hip talk a little -- roll big hold quick let's begin like ♪ >> 26, 25, 24, 23, 21, 19. ♪ test been assumed i'm soft or irrelevant because i refuse to downplay my intelligence ♪ ♪ why am i the only one acting like a gentleman ♪ >> justice ruth bader ginsburg. >> how's your health? >> i'm feeling just fine.

>> ruth bader ginsburg. >> it's an amazing thing to see somebody in her 80s become such an icon. >> would you mind signing this copy? >> everyone wants to take a picture with me. >> she is really, when you come right down to it, the closest thing to a superhero i know. ♪ sometimes i hate this business ♪ >> they call her notorious rbg, that's her rap name. >> notorious rbg. >> right. >> ruth bader ginsburg getting a lot of attention after she delivered a scathing dissent. >> whether you agree with her or not, she's been a force on that court. >> 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 woman. >> 11, 10, 9, 8, 7, 6, 5. >> today the senate judiciary committee welcomes judge ruth bader ginsburg, the president's nominee to be the associate justice of the united states supreme court. judge, do you swear 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 -- to the russian schools, education was terribly important. my mother was loving but also very strict in making sure that i did my homework, practiced the piano, didn't stay out jumping rope too long. >> justice ginsburg, we cannot call ruth, 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. and she didn't do small talk. >> no small talk. >> and she didn't do girl chat. 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 got a message that she

would not be able to be 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 truly extraordinary for his generation, a man who believed at age 18, when we met, that a woman's worth, 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? >> marty and i met when i was 17, he was 18. i was in college. cornell was a preferred school for daughters. in those days there was a strict quarter for women. there were four men to every woman. so for paris, cornell was the ideal place to send a girl. if she couldn't find herman there, she was hopeless. my first semester at cornell i

never did a repeat date. then i met marty, 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 a 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 came to be rather sober. in those days the judges didn't think sex discrimination existed. >> ruth knew what she was doing in laying the foundation. >> to put women on the same plane as men. >> the tender line helps to keep

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medical or dental procedures. eliquis, the number one cardiologist-prescribed blood thinner. ask your doctor if eliquis is what's next for you. 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, but i have to teach this committee the basic sensibilities of -- >> that's not the question. >> i had a government professor, and he wanted me to see that our country was straying from its most basic values by some of our politicians who were seeing communists in every closet, but that there were lawyers defending the rights of these people to think, to speak, to

write freely. >> stand away from the stand. >> fight for the bill of rights. >> take this man away from the stand. >> 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 if 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. >> my brother and cousins and i all call her bubby. it's a yiddish word for grandmother. it's what wiest 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 but also somewhat of a student and scholarly relationship with her as well now. if she taught me the way to win an argument is not to yell. often that will turn people away more so than bringing them to your table. >> you know, this was the 200th year of harvard. so it took 200 years for us -- we were the first class that was 50/50 women, so 50% men. we're the first class. it takes 200 -- yeah. >> how did it feel to be one of nine 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 if you

didn't perform well, you were failing not just for yourself, but for all women. >> american anti-trust law -- >> the professor would ask a question and then you would be called on to answer. the way it worked with women was 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. you continue come into that room. when i get to harvard law school, and really intimidated first year, and marty saying oh, my wife, she's going to be on the law review. 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 530, 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 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 baby sitter left, and that was my child's hours till 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. we just knew he had his own battle. and ruth is now caring for both marty and jany. >> marty, in his third year of law school, had cancer. in days where there was no chemotherapy, 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 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 care of her 2-year-old chi 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 and there 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 even later, then she will get up. she has a sitting. she would have to be at the court before 9:00. 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 her chambers often to lure her home. he would say ruth, it's time to come home for dinner. she sometimes had to be physically brought home. ♪ high and low ♪ if i had my way enhance your moments. san pellegrino. tastefully italian. san pellegrino. whenshe was pregnant,ter failed, in-laws were coming, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do.

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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" pro noun. the senior partner looked at me and 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 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 no 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 ♪ you're going to rise up singing ♪ >> there came to be such a mass and a majority of women, really, who understood that they were not crazy. the system was crazy. >> 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 thing was to use the skills she had and put them to work. and those were her legal skills. >> 1963 she started as a law professor. >> really inspired by her students she agreed to teach a new course of this new subject

of gender and law. >> the emergence of a 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 i 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 footsteps of the great civil rights lawyer thurgood 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. >> being a good father is important to me. so being diagnosed with advanced nonsmall cel lung cancer made me think of all the things i wanted to teach my kids. a longer life than chemotherapy. and it could be your first treatment. keytruda is for adults with non-small cell lung cancer that has spread... ...who test positive for pd-l1 and whose tumors do not have an abnormal "egfr" or "alk" gene.

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my first argument before the u.s. supreme court was in front of richardson. i was way back in the 1970s, second lieutenant in the air force. i went in the military because i needed the money. >> 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 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 a 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. it took me aback. well, here's one bigot. so i'll keep asking around. it became very clear very quickly that there was no different story so 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. if you're willing, we'll take you on. >> ruth and i heard about it,

and immediately let the lawyer for sharon frontiero know we were interested. it was very important to us to have a part in that case. >> there was the sense, and there still is the 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 that the court would say sex discrimination doesn't work and it would be a broad command basically to legislatures to get rid of statues 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 and its beginnings.

she captured for the male members of the court what it was like to be a second class citizen. >> frontiero went to the court, ruth ginsburg for the am i right 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 counsel table. and the court began with the here we are. >> ohyay, all persons who are -- draw near and give their attention. 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 was to tell them it really exists.

>> mr. chief justice, 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, company competing on higher-paying jobs, promotions. it assumes that all women are preoccupied with home and children. these distinctions have a common effect. they help keep woman in her place, a place inferior to that occupied by men in our society. >> there was not a single question. i just went on speaking.

and i -- at the time, 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. expecting to have to deal with something as powerful as the sheer force of her argument that was just all encompassing. and they were there to talk about a little statue gnat government code. we seized the moment to change american society. >> in asking the court to declare sex a suspect criterion we urge a position forcibly stated in 1837 by a noted

abolitionist. she 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 case. 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 onto 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

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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 tranquility 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 am overwhelmed by the beauty of the music, the drama. and the sound of the human voice. it's like an electric car going through me. justice and mercy, they're all in opera. very grand 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, but his wife had died. >> the problem was an em -- embolism. by 3:30 in the afternoon the code blue came along and she died. jason was a very easy child. my attitude toward 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, well, 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. had i been paying into the social security system and had i died, she would have been able to receive a benefit. but male homemakers cannot. rut which a man was discriminated against to show the depth and importance of sex discrimination. a very intelligent thing to do. >> we appeared at 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 just part of her strategy. >> she's trying 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 wisen feldt did not engage in substantial meaningful 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 wisenfelt'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 are legislation in the next decade. >> it was like knitting a sweater. >> the point is that 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 -- >> the new theory is there's very little difference between men and women. so why wouldn't an all male jury -- >> i was not aware of that. >> they didn't see them as

issues because in their minds women had a place and it wasn't where ruth ginsburg was suggesting that it ought to be. >> men and women should count equally before the law. >> you won't settle for putting susan b. anthony on the new dollar? >> when they would say things like this, how did you respond? >> 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. >> the gender line helps to keep

women not on a pedestal but in a cage. >> you couldn't miss what ruth was doing during the '70s. she was creating a legal la landscape. >> she was doing something that was incredibly important to american women, whether they knew it or not. ng, sir. good evening. glengarry chamberlin, esquire. welcome. jimmy crabtree, plus one. welcome. ♪ play just got serious in the all-new toyota avalon.

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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. >> i have a sticker on my computer. >> i just ordered tons of mer ch. >> notorious rbg. >> 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 in thanks to justice ginsburg's work. >> who is more disdained or told it othering with only people

really want to hear everything that she has to say. m rause. >> you have a number public that the ideal number of women on the supreme court is nine. >> why not? the change in the federal judicial 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. >> when i was appointed to the d.c. circuit, so often people would come up to me and say 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?

>> hmm. [ 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. >> 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 parsimonious entries. >> you are giving me constant advice. he starts calling about 7:00. it's time to come home for dinner. and at 7:30. and somewhere between 7:30 and 9:00 we generally make it.

and the other thing is time for you to go to sleep. those are the daily -- that's the daily advice that i get. >> well, it's not that bad advice. you have to eat one meal a day and you should 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?

>> 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 that 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. >> so is she really such a horrible cook? >> yes. >> oh, yeah. to this day i still can't eat swordfish after what she did to it. >> ruth is no longer permitted in the kitchen. >> this by the demand of our children, who have taste. hey allergy muddlers.

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how much is the shape of america made up by the u.s. supreme court and so the makeup of that court is one of the enduring legacies of a president who has the opportunity to ainto the justices. and so 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 didn't want to do it. so i started looking around p. >> he kept moving if his

favorite person of the week to his 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 reason. and marty was just not going to accept that. >> we're talking about ruth, and we must remember how shy she s 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 the list, maybe she would be 22 or 23. but it was marty who made her

number 1. he had a little book of people that he contacted. they were -- [ laughter ] >> she 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 felt it would be an outrage if she wasn't seriously considered. >> and look, he wasn't the only one that was 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 woman's equality with man 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? and 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 could argue it's not as partisan a 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. squ . >> the duties of the office on which i am about to enter. >> so help me god. >> so help me god. >> 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 tenure year i was not, quote, the most liberal justice on the court. >> from the beginning what she was looking for was to build consensus. even though chief justice

rehnquist and sandra day o'connor were conservative justices, they were still justices with which ginsburg was able to find common ground. >> to start out i thought you might like to know a little bit 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, and what he said was this constitution is the highest law of the land. the 14th amendment has a clause that you all should know about. it says, "and 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 a tremendous endowment, well-connected alumni, four-star generals. when you came out of vmi, that was something. >> the virginia military institute was the last all-male state supported school in the country. 157 years of school tradition as an all-male military academy. >> boys can be troublesome, full of hormones and so forth.

i don't mean to make general gender characteristics or generalizations here. but for some young men at that time of their life they need discipline. and vmi provided that. >> stand before you, they represent the essence 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 chief justice and the associate justices of the supreme court of the united states. >> i 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, and 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 that you are defending single-sex education when virginia abandoned single-sex education in all schools but one. >> the -- there are a number of women's schools in virginia that chose themselves to go to co-education because of the demands that occurred -- >> demands from whom? >> the trends that were 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 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, are capable of all the activities required of vmi cadets, and would want to attend vmi if they had the chance. this opinion does mark as presumptively invalid a law that denies to women equal opportunity -- >> to inspire, achieve, participate in, and contribute to society based on what they can do. >> the men only tradition of vmi became history with the arrival of women entering as first year

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 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 and notable example of a citizen with a lifelong dedication to public service. justice ruth bader ginsburg. >> welcome to the virginia military institute. >> it wasn't just about vmi. it was about the notion that you cannot exclude women just because they're women.

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

each justice shaking hands with every other. we know that collegiality is very important to the effective working of the court. so we'd 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 scalia. >> they are the leading voices of opposite points of view on the united states supreme court. >> why don't you call us the odd couple? >> he is a very funny fellow. >> she's a very nice person. she likes opera. you know, what's not to like? except her views on the law, of course. >> 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 mindset of

people back 200 years ago. right? >> it isn't the mindset. 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 as 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 jewish. he's catholic. she's retiring at times and he almost never is. and yet as with many great friendships there's 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. i'm not kidding. >> it was -- the driver explained it was a matter of distribution of weight. >> washington has a reputation as being a hard town to make good friendships. and the supreme court itself is a place where your colleagues on any given case are all 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 just really wonderful friend. >> the presidential election is over. george bush prevailed 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 american history. 600 votes approximately separ e separated gore and bush in the state of florida and now by one vote on the supreme court this election is over. look at the dissents and the strong language in the

dissentence. justice ginsburg, the court's conclusion that the recount is impractical is a practice the court's own judgment will not be allowed to be tested. such an untested prophecy -- >> should not decide the presidency of the united states. i dissent. >> 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 had to really exercise her dissenting voice. >> of course i prefer to be in the majority. but if necessary i will write

separately in 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 goodyear appealed and then we were notified that 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 ignores 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 again 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 federal law was changed because of her dissent. >> it is fitting that the very first bill that i sign, the lilly 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. >> 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." well, without changing her bright smile, ruth smacked me right in the stomach. 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. >> well, i think part of the time when he was sick she was in deni 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 a bit 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 overwhelms. i hope you will support where i come out, but i understand you may not. i will not love you a jot less. >> we met on a blind date in 1950. it's truth is it was a blind date only on ruth's side. i asked a classmate to point her out in advance. oh, she's really cute, i

perceptively noticed. and then after a couple of evenings out i added, "and boy, she's really, really smart." in the intervening 53 years nothing changed. i've always looked forward to what's next. and i'm still going for my best even though i live with a higher risk of stroke due to afib not caused by a heart valve problem. so if there's a better treatment than warfarin,

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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 a law enacted nearly 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 dise dissenting opinion. >> race-based voting discrimination still exists. the court's 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 alongside with her. >> her dissent was the introduction for many young people for how important the court is to our everyday lives. i just pulled up photoshop and did the design in like 15 minutes. >> i came up with a couple of slogans but the one that kept coming back to me was you can't spell truth without ruth. >> a friend of mine posted to facebook saying wow, justice ginsburg sure can write, hashtag notorious rbg. so i started a tumblr, and i called it notorious r. g. >> she is known to fans the world over as the notorious rbg. ♪ yeah ♪ this album is dedicated to all the teachers that told me i'd never amount to nothing ♪ >> people say don't you feel

uncomfortable being with a name like the notorious b.i.g.? why should i feel uncomfortable? we have a lot in common. [ cheers and applause ] first and foremost, we were both born and bred in brooklyn, new york. >> 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. >> justice ginsburg has filed a dissenting opinion. >> my dissenting opinion. >> i dissent -- >> dissent from today's decision. >> you just had to put the words ruth bader ginsburg and it would get shared compulsively. >> here now to comment is ruth bader ginsburg. >> all right. justice. coming in hot. >> i'm ready to rumble. mayweather-pacquiao style. i float like a butterfly, sting like a bee. i clean myself like a -- >> i don't think an accurate imitation of mom would be that funny. >> do you think she watches? >> i don't think she ever has watched television. >> i'm not sure she knows how to turn on -- >> oh, she watches the news hour while she's working out. >> but that's at the court. does she know how to turn on the

television at home? >> i don't think so. >> here to explain is supreme court justice ruth bader ginsburg. >> this is "saturday night live"? >> i like my men like i like my decisions. 5-4. that's a third degree ginsburn! ♪ >> 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. >> watching the state of the union, i noticed that her head is drooping a little bit and she might have dozed off for a minute or two. after that happened i called her

up and said, 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 all the time. and we sit there stone-faced, sober judges. but when that -- at least i wasn't 100% sober. >> she does look vulnerable. she is this tiny little person. and that is somehow in contrast with being the ferocious defender of minorities and women and certain kinds of ideals. >> there's always i think the concern that can she continue to keep up this pace? >> 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, colorectal cancer.

ten years later i had pancreatic cancer. i think what it has left me is an enhanced appreciation of the joys of being alive. >> you just grab them and just pull. >> you're standing up straight. >> yeah. and just pull. don't lean back. good. pull. pull. >> this is light. >> i know. i know. i've got a heavier one. >> this is too light. >> i've got a heavier one. >> i started training justice ginsburg back in 1999. she had just came out of chemotherapy and she wanted to build muscle and get stronger. she's like a cyborg. when i say a cyborg, she's like a machine. ♪ >> lean back. good. and pull yourself up. exactly. good.

bring the chest down ougto the ball. >> they're real push-ups, right? they're not girl push-ups. >> very real, yes. >> i've heard that she does 20 push-ups three times a week or something. i mean, we can't even get off the floor. we can't even get down to the floor. >> 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, much more vocal. >> especially in the time where our politics are just so garbage. >> justice ruth bader ginsburg spoke fearfully of a donald trump presidency. >> an unusually candid political outpouring, calling trump a faker. >> justice ginsburg made some very, very inappropriate

statements toward me. >> i was flabbergasted. it surprised me that she would comment in a derogatory way about any candidate for president. it's -- it's inappropriate. >> it's not just a matter of decorum. it's a matter of her not understanding her constitutional role. >> she has 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 in the best -- the wisest course would have been to say nothing. >> is it wrong for supreme court justices to occasionally make a mistake? no. they're human beings. and she's a human being. and 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 fairly, that i'm going to vote one way based on who i might have voted for president, is just -- none of us, even if we wanted to, could be successful if that's the attitude that we had.

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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 duchess of crackenthorpe. >> the best of the house of crackenthorpe. there are very few that have speaking parts and the duchess of crackenthorpe was such a

part. i wrote basically my own line for the duchess of crackenthorpe. >> the best of the house of crackenthorpe have opened but not empty minds. no surprise then that the most crackenthorpian of val lore have been women. a crackenthorpe after at times must conduct herself with dignity and grace. we now request certain essential documents. have you brought your niece's birth certificate? >> ours is a family wildly

trumpeted, hence we must take precautions against fraudulent pretenders. [cheering and applause]. >> justice ginsburg, i think everyone expected you to retire soon. you're 83. >> yeah, you're right i was going to retire. but not now. now i have got to stay alive and healthy. give me my thing. excuse me, i'm taking my vitamins. >> oh, my god. that's -- that's a packet. >> justice ginsburg, let me ask you a tough question. 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 is a center of power on the court and off the court. >> when the history books are written, an enormous amount will be about 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 pedestal but in a

cage. >> ruth's work made me feel as if i was protected by the u.s. constitution for the first time. >> men and women are persons of equal dignity and they should 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 there was a big red scare in our country. some people on our congress saw a communist in every closet and in every corner, but it impressed me that there were lawyers reminding our congress that we have freedom of speech and of the press, and so i thought that that was a pretty good thing to do.

to help keep our country in tune with its most basic values, now is the busiest season for the court. all dissenting opinions have to be circulated, and i have a few of those still to go. >> one of the world's greatest jurists said that the spirit of liberty that imbues our constitution must lie first and foremost in the hearts of the men and women who compose 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 yay, oh yay, oh yay, the

court is now sitting. ♪ ♪ when you feel you've taken all that you can take and you're sure you're never going to catch a break and the tears are rivers running down your face ♪ ♪ yeah, when you think you've got as far as you can get and you're too under to take another step ♪ ♪ oh, oh, i will take up the struggle ♪ ♪ oh, i know it's fine ♪ so i'll fight but not just for you ♪ ♪ i'll fight, stand and defend you ♪ ♪ take your time that's what i'm

here to do ♪ ♪ i need you to be strong ♪ i'll fight, keep on ♪ i'll fight ♪ ♪