justice ginsburg: yes.o some states, including my own, new york, gave women an access to an abortion in the first trimester. no questions asked. it was just her decision. others had moved to grounds, like risk to the woman's health, the pregnancy being the product of rape. others had conditions who had to have the approval of two doctors. they are always changing across the country. the people who wanted to keep the prohibition of abortion strong were fighting in states -- sometimes winning, sometimes losing. charlie rose: so they're fighting in a lot of different places, and all of a sudden there is one target -- roe v wade. you don't think that is the best interest of people? justice ginsburg: if the court had done in reproductive choice area what it did in the gender discrimination cases, that is one step at a time. always in the right direction. a progression that made it seem that the next step was natural. roe v wade made the most ,estrictive law in the country even the most liberal law and the consti

justice ginsburg: yes.rlie rose: do you miss him on the court? justice ginsburg: of course i do. him. a paler place without .e was a wonderful storyteller he had an uncanny ability to make even the most dour judge smile. he told many jokes, yet very good humor -- he had very good humor. opera, andssion for --most genuinely cared about charlie rose: they brought you back to harvard law school to honor you. ,ou talked about the balance the importance of family, and the balance you had found between the law and family. you think it is important, the family? justice ginsburg: yes. to law school,g my daughter was 14 months old when i started. , go to take my classes the library, study hard. 4:00 was when the nanny went home, and that was my daughter's time. we would go to the park, we would play games, i would read to her. after she was based and fed and went to sleep, i went back to the law books. i discarded as the two parts of my life. -- i described that as the two parts of my life. charlie rose: and she tur

ginsburg: i think the two harmonious. constitution tells us to andk about the individual the rights that the individual has. rose: but it's not an abstract. -- s a reality in terms of justice sotomayor: it is inescapable for us to be aware of the impact of our decisions. in virtually any case of any social impact, we are receiving from virtually every contacted segment of society, so we are -- we cannot decide a big issue case without hearing from all of the people who believe they will be impacted positively or negatively, whatever our -- .ased on what our ruling may be that is an inescapable part of our work, but i think you is ,alking more fundamentally which is obviously, you cannot rule -- i don't think -- without at least understanding what the consequences will be of your ruling, not just in terms of the law, but since the law is developments human , you have to know what is going to happen more broadly to be able to understand the choices you are making. : there are some cases where the law is clear and certain. y

and he got to justice ginsburg and said something like, justice ginsburg, are you happy with the two sisters i brought you. (laughter) and ruth paused, and looked at him and said i'm very happy. but i will be happier when there is five. (applause) >> well, the answer to that gives you the question, when will there be enough, when will there are nine, of course. >> rose: there are only eight now. tell us what you. >> eight is not a good number for a collegiate court. >> rose: and you hope that this, after the election and that there will be a consideration by the senate, before the new president takes office? >> i think we hope there will be. >> as quickly as possible. >> rose: because? >> we function as nine. >> i thought, we did remarkably well last term when there were only three decisions, three cases that couldn't be decided because there was an even division, but they were important cases. and it means that uncertainty will continue in the country on those issues. until there are nine. >> rose: you have said to me, you missed justice scalia. >> yes. >> rose: justice breyer was o

justice ginsburg: is it so different? suppose somebody in the jury room, say it's an automobile accident, says, what do you expect of women drivers? women shouldn't be allowed to drive cars. every woman i know is a terrible driver. suppose that's what was said. mr. fisher: well, you would ask the same questions we're asking today, but you'd ask it through a different record and a different set of balancing. you might conclude -- and i'm not going to deny this -- the court might conclude, as it did in batson, that you should extend to sex. but you might not conclude that, and that would be a separate case. and maybe now i can make my tiers of scrutiny point, because remember, sex discrimination is treated differently under the equal protection clause than race discrimination. and under a similar analogy, it's not that one is more odious than the other, or one is better, or one doesn't violate the amendment. it's that different tools must be available to root out different kinds of discrimination. and that's the whole point

so some of my feminist friends say why isn't it ginsburg/scalia, ginsburg is first alphabetically. as ted knows very well, seniority is very important in my workplace. so scalia, although he was three years younger, he was appointed to the court many years before i was. that's why it is scalia/ginsburg. and it's a comic opera, as you would expect. it will be -- it had its world premiere in castleton, virginia, last summer. it will have its next production at the opera festival in cooperstown, new york. so if you're interested, you can go to the baseball hall of fame, and -- [laughter] you can go to scalia/ginsburg. but the setup -- oh, i should tell you how it came to be. very talented young man, derek wang -- a music major, has a masters in music -- and then decided it would be useful to learn a little bit about the law. so he enrolled in his hometown law school, university of maryland. he's taking a constitutional law course, and he's reading these dueling opinions, scalia, ginsburg. and he said to himself, this could make a very funny opera. and i'll give you just a taste of the

we talked to justice ginsburg mayer. ice soto >> i saw myself as a teacher. and thought it would be a good occupation and they weren't welcome as doctors, lawyers, engineers. realized that i was facing an awedenens that didn't know what i was talking about and understood race discrimination, but most men at that time thought that, yes, the law was rightled with gender-based distinct ons but were in women's favor. a woman didn't have to serve on a jury if they didn't want to. >> the eavesdropping reflected curiosity and that's what drove me as a lawyer. charlie: a rare conversation with two supreme court justices. e supreme court kicked off until october after the death of justice scalia. we hear about the court and love of law from two justices. let me begin and take note of the fact that they have written books. "my beloved world. " and just ties ginsburg's book, "in my own words." looking back on your life and even though it was incorporated in speeches, what was that like for you to put your own life in focus and how was that? is a - "my own words" collect

trump tweeted a response "justice ginsburg of the u.s. supreme court has embarrassed political statements about me, her mind is shot, resign." ginsburg subsequently issued a statement regretting her ill-advised remarks. and that's where she'd like to leave it. >> i said, judges should not talk about political candidates. and the pes is blowing this up out of all proportion so i would prefer not to add anything to what i have already said. >> pauley: earlier this year, brilliant scalia. ginsburg lost one of her closest friends. >> we were on opposite sides. he may call me say, ruth, i'm not with you, but wouldn't this be a better word than the one that i had. >> pauley: help you strengthen your argument. the best of buddies, they traveled and celebrated new year's eve together. their usual passion for the last monday, first monday in october, court was back in session. though many of her most ardent admirers may argue it's time to step down. >> i don't think that a justice should have upper most in her mind. a democratic president appointe

bader ginsburg is speaking out in her own words. in a new book from cbs's simon and schuster, i had a few words of my own with herbie beginning in front of a closet in her chambers. >> these are my collections of -- >> that is beautiful. you're really pushing the boundaries. >> this is my dissenting collar. >> why? >> it's black and grim. >> statement piece. ruth bader ginsburg is diminutive but looms large as powerful, liberal voice on the united states supreme court. appointed by bill clinton in 1993. >> this nominee is a person of immense character. >> pauley: at 83, ginsburg is now the oldest sitting justice known among fans including the president as the notorious rbg. sonya sotomayor one of three women on the bench which strikes her as not nearly enough. >> people ask me, when will you be satisfied with the number of women on the court? when there are nine. for most of the country's history they were all white men. >> >> pauley: in fact the supreme court was a men's club for 192 years. until sandra day o'connor was appointed b

bader ginsburg is speaking out in her own words. in a new book from cbs's simon and schuster, i had a few words of my own with herbie beginning in front of a closet in her chambers. >> these are my collections of -- >> that is beautiful. you're really pushing the boundaries. >> this is my dissenting collar. >> why? >> it's black and grim. >> statement piece. ruth bader ginsburg is diminutive but looms large as powerful, liberal voice on the united states supreme court. appointed by bill clinton in 1993. >> this nominee is a person of immense character. >> pauley: at 83, ginsburg is now the oldest sitting justice known among fans including the president as the notorious rbg. sonya sotomayor one of three women on the bench which strikes her as not nearly enough. >> people ask me, when will you be satisfied with the number of women on the court? when there are nine. for most of the country's history they were all white men. >> >> pauley: in fact the supreme court was a men's club for 192 years. until sandra day o'connor was appointed b

justice ginsburg: do jurors -- frederick yarger: i don't think it's -- justice ginsburg: do jurors even know about the existence of a -- a de la rel rule -- rule -- i mean, that jurors can't impeach their verdict? frederick yarger: justice ginsburg, what jurors do know when they enter the deliberation room is that that's a secret proceeding. and they're told after they leave that they can talk to people as much or as little as they want about what goes on in the jury room. so calling them back in and calling multiple jurors back in to take the stand under penalty of perjury and cross-examination to be examined about what was said during those deliberations will have a significant effect on the deliberative climate in the jury room. justice kennedy: can you please tell me, just as a matter of what goes on in the bar in your state, in colorado, particularly, i take it that in civil cases, lawyers who may be trying a similar case all the time questioned jurors after the fact, after the verdict, in order to see how to improve their arguments, et cetera, et cetera, in civil and criminal case

he is already laying the groundwork for demanding justice ginsburg's recusal. meanwhile, president obama's nominee to fill the vacant seat on the court has been weight 7 1/2 months since the president nominated him while republicans won't give him so much as a single hearing. will that nominee, merrick garland still be the nominee for the supreme court if hillary clinton is elected in two weeks? or will she pick her own nominee once she is sworn in january? if clinton does win, will republicans suddenly change their mind about merrick garland and decide they want to confirm him after all, right after the election, so they can fill that seat with a known quantity before the new president clinton has a chance to pick somebody new for the bench? and in that instance, clinton's running mate, vice president-elect tim kaine, he would still be in the senate and able to cast a vote. how would he vote if that happened? >> if the senate goes democrat in november, and if you and hillary clinton win on november 8th, the republican-controlled senate will have the opportunit

justice ginsburg: yes. mr. keller: well, there we admit that since the prosecution was the one that was eliciting the race-based testimony, that that would go to a -- a due process and equal protection violation, and that would be an extraordinary circumstance -- justice kagan: but if you said that that's because those -- that's -- it's more prejudicial when the prosecution introduces this? is that what you said -- mr. keller: yes. justice kagan: -- to justice ginsburg? that -- that's your basic theory? mr. keller: the state was using it as an aggravator. justice kagan: yeah. but -- and -- and that makes it more prejudicial. that's your basic theory? mr. keller: both points. the state -- justice kagan: because i don't -- i guess if there's both points, tell me what the other point is, because i guess i just don't understand that point. but it seems more prejudicial when the defense attorney uses it. i mean, prosecution, you have a jury sitting there, and it realizes that the prosecutor has an interest in convic

ginsburg chair at oral roberts university. we said, ross, i don't think the founder of oral roberts would want to have him. he said, i've spoken to him personally, he said, we are all god's children, and he would be delighted to. so we named georgetown with the agreement that the chair would not be filled while matte -- whe marty was on the faculty but instead the income would be used for the dean's discretionary account. that's why the dean of georgetown was very fond of marty. >> rose: you made n.y.u. something that's become known as the madison lecture. you made the point nat you thought the decision in roe v. wade was too broad because it gave a singular target for all those who oppose abortion. >> at the time of roe v. wade, abortion law was in flux across the country. >> rose: different states have different laws? >> yeah. so some states, including my own, new york, gave a woman access to an abortion in the first trimester, no questions asked. it was just her decision. others had moved to grounds, like risk to the woman'

plus veteran campaign lawyer ben ginsburg on what happens if a

. >>> supreme court justice ruth bader-ginsburg versus colin kaepernick, why she thinks the national anthem protest is dumb. >> plus our first look at the new polls taken after donald trump's infamous hot mic lewd comments tape was released. >> and a shark attacks a surfer, how fellow surfers are being hailed as he,,,,,,,, ♪ ♪ ♪ ♪ ♪ music new k-y intense. a stimulating gel that takes her pleasure to new heights. k-y intense. that tape of donald trump is hurting his poll numbers. veronica de la cruz has the own.. veronica? >>> campaign 2016 just four weeks until election day, a new poll reveals how much of that tape of donald trump is hurting his poll numbers. veronica de la cruz has the breakdown. >> the nbc news wall street journal poll was conducted saturday and sunday before the second debate and after the tape surfaced. it shows hillary clinton with an 11 point lead among likely voters nationwide, 46%-35% and then in a head to head match-up without the third-party candidates clinton's lead over trump grows to 14 points. the candidates are back in battleground states picking up ri

supreme court justice ruth bader ginsburg has some harsh words for 49ers quarterback colin kapernick. she is calling kapernick's decision not to stand for the national anthem dumb and disrespectful. kapernick has said, he didnt stand because he can't support a country that oppresses african americans. ginsburg also said there's no law preventing people from being this is now officially the least that the public has heard from kim kardashian west since her climb to fame. it's been more than a week since the reality star was robbed at gunpoint in paris and she has been on a social media blackout ever since. police suggested that kim k's postings about her wealth and activities might have helped spawn the robbery. since she returned to the states she has been silent on social media. this is all over the internet today someone decided to take sunday night's presidential debate and put it to the tune of time of my life. take a look. [music playing] i love it so much. my gosh. did you see her face that looked like she enjoyed being serenaded. bill just watching. i know. be posted to youtube

. >>> supreme court justice ruth bader-ginsburg versus colin kaepernick, why she thinks the national anthem protest is dumb. >> plus our first look at the new polls taken after donald trump's infamous hot mic lewd comments tape was released. >> and a shark attacks a surfer, how fellow surfers are being hailed as heroes tonight. ,,,,,, all of this with the global warming and the - a lot of it's a hoax. it's a hoax. it'll get cooler. it'll get warmer. it's called weather. we need some global warming! we need leaders who get it. so that we can move away from coal and oil to clean energy. i'm tom steyer. if you want to do something about climate change, you can. please. register and vote. nextgen california action committee is responsible for the content of this advertising. that tape of donald trump is hurting his poll numbers. veronica de la cruz has the n.. veronica? >>> campaign 2016 just four weeks until election day, a new poll reveals how much of that tape of donald trump is hurting his poll numbers. veronica de la cruz has the breakdown. >> the nbc news wall street journal poll w

. >> ruth bader ginsburg isn't holding back.ho is getting a tongue lashing from the supreme court justice, also ahead. >>> so the next time you take your show on the road, it's going to be in philadelphia, right? >> i don't know because -- >> why? >> here's the thing. >> one-on-one with seth meyers. the late night host dishes about election season comedy and the one thing that keeps him away from the city of brotherly love. >> well, it's feeling a lot like fall, but we're in for another warm-up eventually. i'll tell you when it's going to arrive and how long we'll stay dry coming up. did you know your business doesn't have to suffer from slow internet? comcast business now offers blazing fast internet speeds up to 150 mbps. that's 10 times faster than dsl. get internet for as low as $59.95 a month. call today. comcast business. built for business. did you know that sharing wifi with your customers could leave your business exposed? only comcast business offers wifi pro. two separate networks - one that's private for you, and one

supreme court justice ruth bader ginsburg isn't mincing words about colin kapernick's protest of the national anthem. the 83-year old said the act of not standing during the national anthem.... quote "dumb and disrepsectful" end quote. the san francisco 49ers quarterback started the protest in august ..saying he would not show pride in a flag for a country that opresses black people and people of color. other players across the country have joined in. ginsburg continued on the issue saying ...there's no law preventing people from being stupid or arrogant. a bizzare scene on a busy interstate in california leaves one man dead.police responded to a man walking hour traffic.... police ended up shooting the man.... which caused the road to shut down. aerial footage shows just how far traffic was backed up. there is no word yet as to why the officers resorted to using deadly force. it's doesn't seem possible but people in new york can start lacing up their skates. the ice rink at rockefeller center opens this morning. the opening marks the traditional beginning of the festivities leading

protest, saying she understands their right to do so, but justice ginsburg calling it, quote, dumb and disrespectful. the protests began with 49ers >>> when we come back here tonight, america strong. and when your parents told you you should save all of your pennies -- why you should have listened. come on back. hey, jesse. who are you? i'm vern, the orange money retirement rabbit from voya. orange money represents the money you put away for retirement. over time, your money could multiply. hello, all of you. get organized at voya.com. i overpack.. but my guy knows what to bring... like viagra single packs for ed. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain or adempas? for pulmonary hypertension. your blood pressure could drop to an unsafe level. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. ask your doctor about viagra single packs. ed! yea me too.

ginsburg. at the same time to your point earlier, if there's a narrow loss -- best thing for hillary clinton is a big win because she has a mandate to do what she wants. close win is the worst thing for republicans. i can imagine to your point him calling for resignation of these guys and that tweet there from mike huckabee becoming the mantra for that constituency that supported him early on in this campaign, him being trump. >> michael steele, your view on trip has evolved? can you confirm? >> look, i said from the very beginning i did not endorse in the primary. i did not endorse in the general. i've said i would support the nominee of the party. but there came a point in the last few weeks where the conversation in my view particularly with women and then finally, you know, the decision that would not support the winner if it were hillary clinton that, you know, he would support himself but not the process of how we close out an election was just a bridge too far for me. i mean, undermining

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it's not that ruth bader ginsburg, every time she votes things how would bill clinton like me to vote on this issue, it's just just that she has shared a certain ideology withss bill clinton and was appointed as somebody who shared that ideology and she's entitled to her opinion. you could see the same thing of scalia who was appointed in 1986, confirmed by unanimous senate and was perhaps the most partisan of the justice and the leader of the conservative wing. his death was a dagger to the heart and that's why his success and identity is so controversial. >> let's take a look at another excerpt from your book. you say modern presidents have flavored their appointments as part of the need to accomplishhs balance. the result is that they haveol become more rather than less polarized and deeply divided and less conservative. explain how the desire to seek talents is made this more point of your view. >> i think the appointments have been flavored with what i call identity politics and what's so interesting as we have had hundred and 12 justices of the supreme court in our history 89 ha

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and deadspin sums it up for us with the headline "ruth ginsburg says some dumb [bleep].this is perfect. they made her into a superhero and when she goes off message they uh dabbing -- attack her. >> this country was founded on disrespecting the flag. the whole revolution was to throw out the british flag and put up on you are own. it is dumb that it is articulate. we don't know what his problem is with the flag, but anything he has a problem with will not be remedied in his lifetime. sit down and shut up and you don't have to make a scene. >> you have to make a scene if you are protesting. you have to do something that people are going to notice. >> so you hate the united states of america. >> i am kaw made yenning -- i am canadian. i thought i am not getting arrested for burning an american flag. i can do it in the open. >> would anybody do that? >> it smells like maple syrup. >> i don't think she has been the same since justice scalia died. >> she is clearly an old witch and at the end of the day all she remembers like every night of hanukkah you got a slave when growi

it's dumb and disrespectful. >> it's not the first time ginsburg has made waves by revealing personal opinions. in july, she expressed regret after insulting donald trump. >>> when we come back, why a husband's heart-felt letter is striking such a chord >>> finally tonight, the letter that is moving millions all across the country. it's a love letter of sorts, written by a husband with a touching expression of gratitude towards those who don't often hear the words "thank you." here's kristen dahlgren. >> reporter: when 34-year-old laura died, husband could have easily melted into grief. what he did instead is you letter sent to the doctors, nurses, even the cleaning staff. everyone who helped care for his wife. so extraordinary it was published in "the new york times." he writes, how many times did you hug me and console me when i fell to pieces? or asked about laura's life, and the person she was. amanda morris was their social worker. >> despite such tragedy, i think that there was a lot o beauty in that room. looked the other way when peter smuggled in their beloved cat for one fin

conclude this evening with part one of a two-part conversation with associate justice ruth bader ginsburg of the united states supreme court. >> i went to the library and, inside of a month, i had read every law review article, every federal decision that had to do with gender-based differentials. it was no mean feat. there was precious little there and all of it was bad. all of it was -- whatever lines based on gender that the law draws, it's okay with the courts. >> rose: politics and the court, when we continue. >> and by bloomberg, a provider of multimedia news and information services worldwide. captioning sponsored by rose communications from our studios in new york city, this is charlie rose. >> rose: we begin this evening with an analysis of the second presidential debate. hillary clinton and donald trump exchanged character attacks and accusations for 90 minutes at washington university in st. louis. moderators anderson cooper and martha rat its fielded questions from voters in a town hall format. trump faced severe criticism after an 200 2005 video surfaced friday in which he ma

this morning supreme court justice ruth bader ginsburg has some harsh words for colin kaepernick. what she thinks about his recent protests. then if you liked the hit comedy "bad moms" get ready for part 2...but something will be very different! he's divisive and dangerous. "uh, i don't know what i said. uh... i don't remember." but congressman hardy supports trump 100% and said he'll do whatever trump wants him to do. hardy even said people with disabilities are a drain on society vernment. donald trump and congressman hardy -- divisive and dangerous. center were told to evacuate the building and others were advised to shelter in place during the fire. it was first reported just before nine. fire officials say the building did not have any fire-suppression sprinklers. about 150 firefighters were on fire and searching for victims. from contact -13-... a consumer alert this morning scammers are using the good name of susan -g-. komen to rip you off. the foundation's nevada office says... someone is calling businesses asking if they can place boxes at registers... for donations. but

this half hour, charlie's wide ginsburg. how the bench has changed when she was appointed 20 years ago and her friendship with justice antonin scalia. >> and ahead what jennifer weiner wants to teach other women, including her daughters. time to show you some of the morning's headlines from around the globe. the independent in london says some top athletes wants donald trump to stop calling his vulgar statements locker room talk. the pro athletes took after trump used the phrase in last night's debate to explain away his 2005 comments. baseball, football and basketball players all said demeaning comments about women never come up in their locker rooms. >> the athletes say don't put us in that category. >> john dickerson said that last night. not in any locker room i've been in. >> a locker room, when you're 59 years old at the time that he made those comments. >>> business insider reports on he always has a bright sweater and attracted instant attention on twitter. they noted his snazzy dress. one person thought he looked li

many people have been fascinated by the fact that ruth bader ginsburg and anthony scalia were friendsw you both loved opera. you told me when we talked in your chambers he was a better singer than you are. >> he was a much better singer. justice scalia had a very good tenor voice. i am a monotone. >> reporter: we agree on a whole lot of stuff, we do. ruth is really bad only on the knee jerk stuff. >> reporter: do you miss him on the court? >> of course i do. it is a paler place without him. he had an uncanny ability to make even the most somber judge smile. >> reporter: when you came to the court, sandra day o'connor was your good friend? >> yes. >> reporter: when she left you said that was an a turning moment? >> when sandra left it was a very lonely place. for me to be, that is, the perception of the court, we come and sit on the bench. and there is the audience of spectators. and they saw eight rather well fed men up there. and then there was a small little woman. it was a wrong perception. i have been over 23 years. i sit by seniority close to the middle. justice sotomayor is now

ruth bader ginsburg ? in the red harvard graduation robes. ? justice of the supreme court ? >> reporter: and your title to >> woman in ecstasy. that's me. >> reporter: thank you for this >>> scientists found swans making annual migration from arctic rush you to northern europe dwindled a third over the years. one conservationist was determined to find out why. she joined the flock. jonathan vigliatti reports. >> reporter: europe's swans 41-year-old sasha dench with the help of a motorized para glider is joining their seasonal migration south. a 4,000-mile journey that begins in the remote feeding ground in russia's arctic north and ends all the way in england. her mechanical wings are part of a bold effort to save the endangered species from the growing threat below. and the land they breed in is being built on. >> hi, sasha. >> hello. >> reporter: we spoke with sasha via skype during the first leg of her expedition on the russia tundra. did it occur to carry it out on foot or in a car? >> it's not possible. only people up there are reindeer breeders use sled and reindeer. >