♪ this witch, this evil-doer, this monster has no respect for the traditions of our constitution. none! >> absolute disgrace to the supreme court. >> this is one of the most vial human beings. >> she is very wicked. >> she is anti-american.

she's a zombie. that woman is a zombie, ruth bader ginsberg. >> i ask no favor for my sex. all i ask of our brethren is that they take their feet off our necks. ♪ get the bull in the china shop ♪ ♪ it's swinging every pitch ♪ you got the bull in the china shop ♪ ♪ there's a china doll >> 6, 25, 24, great, 21, 20, 19. ♪ i refuse to dump my intelligence ♪

♪ why am i the only one acting like a gentleman ♪ >> justice ruth bader-ginsberg. [ music playing ] >> do you need help? >> i am doing just fine. >> you know the comment is ruth bader-ginsberg. >> it's an amazing thing to see somebody in her 80s become such an icon. >> are you signing this copy? >> 81-years-old and everyone wants to take a picture with me. >> she is really, when you come down to it, the closest thing to a super hero i. >> notorious rgb. >> rbg. >> rgb, right.

>> judge ruth bader-ginsberg getting a scathing descent. >> she's the liberal voice on the court. >> as much as people admire her, they don't know the half of it. >> she was the queen. >> she knew what she was doing laying the foundation. >> putting women on exactly the same plain as a male. >> ruth bathed by aer-begi -- r bader-ginsberg changed the world for women. >> today the senate judiciary area committee welcomed ruth bader-ginsberg. she is nominated to be the associate justice of the supreme cour court. >> judge, do you swear that the testimony you are 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, fairly 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. and i found it was from during his growing-up years, they were in the russian schools.

education was terribly important. my mother was moving but also very strict, making sure that i did my homework, practiced the piano, didn't stay out too long. >> justice ginsberg 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 quiet magnetism. she didn't do small talk. >> no small talk. >> she didn't do girl chat. she did not 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

long 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 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 independence, 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 mould, but of different complexions. i surely would not be in this room today kowithout 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 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 unreservedl unreservedly. >> so what was it about marty? >> marty and i met when i was 17. he was 18. i was in college. corps kornell was a preferred school for daughters. in those days, there was a

strict curve for women. there were four men to every women. so for parents, kornell was the ideal place to send a girl. if she couldn't find her man there, she was hopeless. my first semester at kornell, i never did a repeat day. and 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 that attended kornell 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 tend to be rather sober. ♪ how about no no uh uh, no way come on, no no

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, 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 tragic i have to teach this committee -- >> that's not the question. >> i had a government professor he wanted me to see our country

was straying by it's most basic values by some of the colleagues seeing a communist in every closet, but they were lawyers defending the right of these people to think to write freely. >> stand away from the stand. >> 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 she was to be a lawyer. let her try. if she can't succeed, she will have a husband to support her. it's me waiting to get my diploma. very happy. my brother and cousins and i

call her buddy, it's a yiddish word for a grandmother. it's what we always called bubby. you have fake sugar like splenda sore sweet n low? >> it should be some place. >> that's helpful. >> i think i have a grandmotherly relationship and a student and scholarly relationship now. she taught ne way to win an argument is not to yell. often, that will turn people away more so than bring them to your table. this was the 200 years at harvard. it's the first year, we were the first class of 50-50 women, 50% men. it's the first class. yea yeah. >> how did it feel to be one of nine women in a class of over

500 men? you feel like you were constantly on display. so if you were called on in class, you felt that if you didn't perform well, you were naming not just for yourself but for all women. >> american anti-trust -- >> these methods so the profe professor would ask the question, you would be called on toensary. the way it worked with women, they didn't call on us. i think they thought we would wither if we were subjected to that questioning. >> when i was in to check a period cal in lamont library in the old periodical room, there was a man at the door. he said, you can't come in. well, why can't i come in? it was because you're a female. there was nothing i could say. there was a university employee that you can't come into that room. when i get to harvard high school and i'm really intimidated the first year,

marty would say, my wife will be on the -- a woman ahead of mine, she said, this husband of yours is boasting that you are going to be on the -- >> to make it in those days, you have to be in the top 25 for the law review 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 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 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 seen. >> we knew that marty was ill. we just knew he had his own battle and ruth is now caring for both marty and jamie. >> marty in his third year of law school had a battle with cancer and days when there was no chemo therapy only massive radiation, he'd go for radiation, wake up about midnight when the only food he ate for the day he could manage

and then i started typing in notes his classmates had given me from his classes, reading whatever cases i would read for the next day and then he had too well is sleep. >> she did her own work, helped her husband with his work, organized his friend and took care of a 2-year-old child. fortunate lip, marty lived, but it's when she learned how to burn the candle at both ends. >> 21 of the memories of my childhood would be waking up in the middle of the night. her 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 in the other. >> she will work until 3:00, 4:00, 5:00 in the morning, sometimes 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 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.

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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 colombia. >> when i graduated from colombia 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 in 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 said, young man, you don't seem to understand, the 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

impedimen impediment. >> we did not have equal rights and 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. >> it's no aspect of american life in which you were not

treated differently. >> the idea was that the men were the bread winners that counted and women were money easte earners. so women woke up and complained. ♪ ♪ >> there came to be such a mass and a majority of women, really, who understood that they were not crazy. the system was crazy. >> now i'll talk to the spirit of equality in the air. i no longer accept that my group is second class. >> but watching 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 at rutgers. >> really inspired by her students. she agreed to teach a subject the gender law. >> the emergence of women's rights movement had a 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 process with ruth bader-ginsberg. i met ruth when i was there. she seemed 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 hon its w on its way to the supreme court, we wanted to be involved and, photographically, take over the case. >> she was following in the footsteps of the civil rights lawyer thur good marshall, the architect of the battle of the racial equality. basing it on equal protection of the law. she wanted it to apply to equal protection for women.

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my first time in front of the u.s. supreme court was frontiero v. richardson. i was way back second leiutenant in the air force. i went in the military because i needed 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 will 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 that 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 are lucky we let you in here at all. are you lucky that the air force allows you to serve was what i heard right off the bat and it took me aback and then i figured, well, you know, here's one big ought. so i'll keep asking around and 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 ad administrative error. this is the law. it's going to have to be rectified with a lawsuit. and if are you 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 sent e 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 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 and its beginnings. she captured four of the male members of the court what it was like to be a second class citizen. frontiero with the court with ruth ginsburg made an oral

argument. she split her time with the man that begun the case in alabama. >> it's very intense and bustier and important and very male and it's the whole thing feels like. i was really kind of scared. we sat down at the counsel table and the court began with the oy ye, oh ye. here we are. >> oh ye, oh ye, all persons to give their attention where the court is now sitting. >> mrs. ginsburg. >> i was terribly, terribly nervous then i looked up at the justices and i thought, i have a

captive audience. i knew then i was speaking to men who didn't think there was any such thing as gender base discrimination and my job was to tell them, it really exists. >> mr. chief justice, and may it please the court, women today face discrimination in employment as pervasive and more subtle than encountered by minority groups. sex classifications imply a judgment of inferiority. the sex criterion stigmatizes when it is used to protect promotions. it assumes that all women are pre occupied be 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. >> without 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 hasn't heard before and are they paying attentio attention? >> the justices were just glued to her. i don't think 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 here to talk about a statute in the government code. it was just we seized the moment to change american society. >> in asking the court to call

it a cri ter your, we face a position forcibly in 1887 noted abolitionist and advocate of equal rights for men and women. she said, i ask no favor for my sex. a all i ask is that they take their feet off our necks. >> 23 are told about the decision when a reporter calls 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 we won the case. let's be clear about it. we won the case, but we lost the standard review 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. 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.

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a book that you're ready to share with the world? get published now, call for your free publisher kit today! 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 never think about the case coming up next week or the brief i'm in the middle of. i am overwhelmed by the music and the drama and the sound of a human voice. it's like an electric current going through me. justice, mercy are 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 amniotic embolism. at that point nobody survived that. they keep you alive for four hours. but 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 the child is not there for me, i'm there for him. and that's what my job was. >> he determined if 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

soul surviving parent would 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 disfortune to discover a man can't collect social security benefits like i can. had i been paid in and i died, she would have been able to receive a benefit. now home-makers 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. 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 a 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 weisenfeld did not engage in gainful employment. instead, he devoted himself to the care of jason paul. >> she knew exactly what she was doing. it was a very shrewd strategy. >> that case resulted in a unanimous judgment in his 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 set the by step. >> it was like knitting a sweate sweater. >> it's a discriminatory lie, almost inev iitabilitly hurts w. >> we the citizens of louisiana are denied equal protection by the ouellet absence of their peers from the jury.

>> there is very little difference between men and women. >> i am not aware of that new 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 ruth ginsberg were suggesting it ought to be. >> men and women are persons of equal dignity. they should count before the law? you won't settle for putting susan b anthony on the new dollar? >> they would take things like this, how did you respond? >> never in anger. that is what my mother told me. that would be self defeating. i always had 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 cable. >> you couldn't miss what she was doing in 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. come on, no no n-n-n-no-no only discover has no annual fee on any card.

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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 that says cursory in the making. >> i have a sticker of her. notorious. >> i think it's easy to take for granted the position that young women can have in today's society. that's a lot and thanks to justice ginsberg's work. >> who is more disdained or told to go with an older woman? but here is on older woman that

people really want to hear everything that she has to say. >> it's sad in public the ideal women for the supreme court is nine. >> why not? nine men were a satisfactory number until 1981. the change in the federal judiciary area as a whole has been enormous. it wasn't until jimmy carter became president. he looked around at the federal judiciariary and he said, they all look like me. but that's not how the great occupation looks. >> when president carter was elected, he said, there were almost no women and there were almost no african-americans on the federal bench and i am determined to change that. justice ginsberg and i were two of the people who benefitted 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 say, it must be hard for you commuting back and forth to new york. 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?

well -- >> marty was the funny one in the family and she loved it. you could see the twinkle in her eye when he would do his funny lip quips and jokes. >> as a general rule, my wife does not give me any advice about cooking and i do not give her andy viy any advice about t law. this seems to go well on both sides. >> my father was a happy person. i think he tended my mom's seriousness at times which i think was to everybody's benefit. >> we used to keep a book called, mommy laughed. it had persimmonious entries. >> you start giving me advice, it starts about 7:00, it's time to come home for dinner and 7:30 and somewhere between 7:30 and 9:00 we generally make it.

the other thing is, it's time for to you go to sleep. those are 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 if law practice and eager to make partner, i was responsible for the lions 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? >> exi gent.

clean your room, do your homework, don't disappoint us. >> our dear daughter all smiled 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. >> so is she really such a horrible cook? >> yes. >> to this day i can't each swordfish, what she did to it. >> ruth is no longer permitted in the kitchen. this by the demand of our children who have taste.

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. so much of the shape of america is the work of the u.s. supreme court and so the makeup of that court is one of the enduring legacies of a president who has an opportunity to appoint justices. and tonight, this new president has his first chance to make it a clinton corner. >> this president has a very clear idea of what he wants in this justice. >> i really did want governor cuomo in 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. judge ginsberg 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. marty was just not going to accept that. >> we are talking about ruth and we must remember how shoddy 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 phil harmphilharmonic. >> no question about it, people observed at the time said, well, ruth would be 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. >> he had lots of contacts in the business community, lot of contacts in the legal community, in the academic communities 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 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 oren liebermann hatch. >> do you have any concerns right now? >> there are concerns, because

these are very important positions. so there will be a lot of questions asked. >> day two of the ruth bader-ginsberg confirmation hearings. >> judge ginsberg did something no recent high court nominee has done, spoke at length about her support for abortion rights. >> it is essential to womans 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. 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. you would argue it's not as partisan as it is now, but it was pretty partisan. >> defending the constitution, pioneering advocate ruth bader-ginsberg has been sworn in as the second woman on the u.s. supreme court bench. >> i will well and flaflly discharge -- >> the duties of the office on which i am about to enter. >> owe at the the duties of the office about 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. 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. >> from the beginning, i think what she was looking for was to build consensus. >> even though chief justice

rehnquist and sandra day o'connor, they were justices which ginsberg was able to find common ground. >> to start out, i thought you might like to know a little bit about the gentleman 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 that 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 a tremendous endowment, well connected alumni, four star general itself. wh -- generals. >> it's the last all male school in the country. 107 year tradition is an all male military academy. >> it was going to be troublesome for hormones and so forth, i don't mean to make

general characteristics or generalizations here. but for some young men at that time of their life, they need discipline and vmi provided that. >> all the men 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 the all male admissions policy violated equal protection. it actually went from the district court to the appellate court because it came up to the supreme court. this was an extremely important case for justice ginsberg. it was her first women's right's case on the supreme court. >> the associate jugs tiss of the supreme court of the united states. >> it was very much aware of justice ginsberg'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 krullily united that many young men and young women significantly benefit from a single sex education. >> the curiousity is that you are abandoning it in all schools but one. >> there are a number of women's only schools in virginia that chose themselves to go to co-education because of the demand that occurred. >> demands from whom? >> the trends that were away from single education. >> i was dealing with a 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 virginia create diversity by creating

opportunity for people of both sessions. >> that was my pitch. as you know, it didn't work. >> the opinion of the court of virginia against the united states was announced by justice ginsberg. >> some women in the physical standard vmi imposes on men are capable 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 aspire -- >> -- achieve, participate in and to contribute to society based on what they can do. >> the all men policy became history with the arrival of the first female 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's 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. 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. you cannot say categorically they can't handle this.

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so 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 opinion. 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 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 with 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 of 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 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 gratifying to see the two of them together and they had these disagreements but my father just 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. and peter, literally one of the closest elections in american history. 600 votes approximately 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 dissents. justice ginsburg, the court's conclusion that a recount is impractical is a prophecy the court's own judgment will not

allow 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 we would be heard in the supreme court. i looked at the court make-up, but 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 practices and that world is what the court ignores today. >> she's 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 lily 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 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. the truth was it was a blind date only on ruth's side. i cheated. 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. (vo) businesses are always making choices. here's a choice you don't have to make. the largest 5g network... award-winning customer satisfaction... or insanely great value. now, with t-mobile for business, there's no compromise. network. support. value. choose. any. three. t-mobile for business ready when you are.

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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 voter discrimination but today's decision effectively puts it on hold. >> chief justice john roberts summarized his opinion of four telling words, "our country has changed." >> justice ginsburg has filed a dissenting opinion. >> race-based voting discrimination still exists. this 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 right alongside with her. >> her dissent was the introduction for many young people for how important the court is in our daily lives. i pulled up photoshop and did the design in 15 minutes. >> i pulled one of the slogans. 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 start aid tumblr and called it "notorious rbg." >> she's known to fans the world over as the notorious rbg. ♪ yeah ♪ this album is dedicated to all the teachers who told me i'd never amount to nothing ♪ >> people ask me, 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. >> the 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. >> dissent from today's decisions. >> 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 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 them? >> i don't think she ever has watched television. >> i don't know if she knows how to turn -- >> she watches the news hour at the gym. >> but that's in the court.

does she know how to turn on the television at home? >> i don't think so. >> here to explain is the supreme court ruth bader ginsburg. >> that's "saturday night live." >> i like my men like i like my decisions. five four. that's a third degree gins-burn! >> 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? >> no, i wasn't sleeping. i was giving in to the weight of my glasses. >> watching the "state of the union" and i notice that her head is drooping a little bit, and she might have dozed off a minute or two. after that happened i called her

up and said bubbe, 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, stonefaced, sober judges. but when that -- at least i wasn't 100% sober. >> see 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 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, 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. >> what i want you to do is just grab them and just pull. >> just standing up straight? >> yep. and just pull. don't lean back. good. just pull. pull. >> this is light. >> i know. i know. i've got a heavier one. >> this is too late. >> i've got a heavier one. >> i started training justice ginsburg back in 1999. she had just come out of chemotherapy, and she wanted to build muscle and get stronger. she's like a cyborg, and when i say cyborg, she's like a machine. ♪ >> lean back. good. and pull yourself up. exactly. good.

bring the chest down to the ball. good. >> they're real push ups, right? they're not girl push-ups. >> no, they are 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 a 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 against any candidate for president. it's inappropriate. >> it's not just a matter of 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 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 am 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 have. yup! and that's faster? faster, yea! but is it reliable? ah huh and secure! you should consider making a big deal about it! bigger? i said bigger! oh, big-bigger deal bigger than what i'm doing? it's not complicated. a 5g network needs a 5g device.

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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 krakenthorp. >> the best of the house of krakenthorp -- >> there are very few operas that have speaking parts, and the duchess of krakenthorp was one such part. so i wrote basically my own lines for the duchess of krakenthorp. ♪ >> the best of the house of

krakenthorp have open but not empty minds. no surprise, then, that the most valorous krakenthorpians have been women. [ cheers and applause ] a krakenthorp at all times must conduct herself with dignity and grace. we now request certain essential documents. have you brought your niece's birth certificate? [ cheers and applause ] >> [ speaking french ]. >> ours is a family wildly trumpeted, hence we must take precautions against fraudulent pretenders.

[ cheers and applause ] >> justice ginsburg, i think everyone expected you to retire soon. i mean, you're 83. >> yeah, you're damn right i was going to retire. but not now. now i've got to stay alive and healthy, damn it. give me my thing. excuse me, i'm taking my vitamins. >> oh, my god. 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 on every corner. but it impressed me there were lawyers reminding our congress that 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 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, judge learned hand, 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. >> oyez, oyez, oyez. the court is now sitting. ♪ ♪ when you've taken all you can

take, and you can never catch a break and the tears are rivers running down your face ♪ ♪ when you think you've gone as far as you can get and you're too run down to take another step ♪ ♪ i will take up the struggle, or i'm going to fight ♪ ♪ so 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

what is amazing to me is how much progress women have made, despite trying to fit into a system that wasn't ever built to have us. >> we've come quite a long way, but we're 208 years away from gender equality in our own country. wow! we've got to finish the business that was not finished 100 years ago. >> #metoo made everybody stop, pay attention and listen. >> part of the leg sieve the harvey weinstein story is that we need to see these problems. >> it's all right at the surface. >> it's sort of been happening for a long time. and it's not just in hollywood. it's across many different communities and cultures. >> so you're part of a very

smal