1
00:00:15,015 --> 00:00:17,428
(ORCHESTRAL MUSIC PLAYING)

2
00:00:43,001 --> 00:00:44,412
(MUSIC CONTINUES PLAYING)

3
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(MUSIC PLAYING
IN OTHER LANGUAGE)

4
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(MUSIC PLAYING IN ENGLISH)

5
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(MUSIC CONTINUES)

6
00:03:01,890 --> 00:03:03,882
(INDISTINCT CHATTER)

7
00:03:06,978 --> 00:03:08,094
Anyone here?

8
00:03:16,279 --> 00:03:17,986
ERWIN:
My name is Erwin Griswold.

9
00:03:18,532 --> 00:03:20,364
I am the dean
of this place.

10
00:03:21,284 --> 00:03:23,571
Welcome to Harvard Law School.

11
00:03:24,121 --> 00:03:25,157
(MAN COUGHS)

12
00:03:25,247 --> 00:03:27,239
Take a moment
to look around you.

13
00:03:27,791 --> 00:03:32,001
In this room, there are Rhodes
and Fulbright scholars,

14
00:03:32,087 --> 00:03:33,703
Phi Beta Kappa members,

15
00:03:33,797 --> 00:03:35,754
student body presidents,

16
00:03:35,841 --> 00:03:38,083
and a Harvard football
team captain.

17
00:03:38,176 --> 00:03:39,758
(INDISTINCT CHATTER)

18
00:03:39,845 --> 00:03:40,845
Together,

19
00:03:41,847 --> 00:03:44,009
you will become lawyers.

20
00:03:44,850 --> 00:03:47,217
This is a privilege
you share.

21
00:03:48,186 --> 00:03:52,351
It is also a responsibility
you accept.

22
00:03:54,776 --> 00:03:55,776
Consider.

23
00:03:56,987 --> 00:04:00,480
What does it mean
to be a Harvard man?

24
00:04:01,992 --> 00:04:05,076
A Harvard man is intelligent,
of course,

25
00:04:05,162 --> 00:04:07,905
but he is also tenacious.

26
00:04:07,998 --> 00:04:11,833
He is a leader devoted
to the rule of law.

27
00:04:12,753 --> 00:04:14,665
He is mindful of his country

28
00:04:14,755 --> 00:04:16,747
loyal to tradition,

29
00:04:16,840 --> 00:04:22,052
and he is respectful
and protective of our institutions.

30
00:04:23,430 --> 00:04:25,797
- (BABY WAILING)
- (MARTIN SPEAKING INDISTINCTLY)

31
00:04:26,850 --> 00:04:30,434
...shall be computed as of subsection A
of this section applied...

32
00:04:30,520 --> 00:04:32,978
RUTH: Which one makes me
look more like a Harvard man?

33
00:04:33,607 --> 00:04:35,018
(BABY CONTINUES CRYING)

34
00:04:36,902 --> 00:04:40,066
I'm thrilled to report that you look
nothing like a Harvard man.

35
00:04:40,155 --> 00:04:41,755
Seriously?
It's the dean's dinner, Marty.

36
00:04:41,782 --> 00:04:44,343
You know how I am at these things.
I need to make a good impression.

37
00:04:44,367 --> 00:04:47,781
And you will, Kiki. But you've got it wrong.
It's not the dress, it's you.

38
00:04:49,206 --> 00:04:51,368
You haven't touched
your tuna casserole.

39
00:04:52,417 --> 00:04:53,828
Come here, sweetie.

40
00:04:53,919 --> 00:04:55,785
Come on. Here we go.
(GRUNTS)

41
00:04:57,172 --> 00:04:58,879
I've put onions in.
They help, right?

42
00:04:59,382 --> 00:05:00,382
Definitely.

43
00:05:02,636 --> 00:05:04,298
I don't like
either of these.

44
00:05:05,514 --> 00:05:07,176
(BABY CONTINUES CRYING)

45
00:05:10,310 --> 00:05:11,642
Okay. Where were we?

46
00:05:11,728 --> 00:05:13,720
(INDISTINCT CHATTER)

47
00:05:19,528 --> 00:05:20,528
Thank you.

48
00:05:33,291 --> 00:05:34,702
(INAUDIBLE CONVERSATION)

49
00:05:37,879 --> 00:05:41,714
HARRIET: Ladies and gentlemen, please join us
in the dining room as dinner is served.

50
00:05:41,800 --> 00:05:44,588
And professors,
please escort the ladies in.

51
00:05:44,678 --> 00:05:46,544
(INDISTINCT CHATTER)

52
00:05:46,638 --> 00:05:47,638
May I?

53
00:05:50,976 --> 00:05:52,717
(LIVELY CHATTER)

54
00:06:04,030 --> 00:06:06,613
He said, "Professor,
have you corrected our papers?"

55
00:06:06,700 --> 00:06:08,942
And I said, "Correcting them
will take a lifetime.

56
00:06:09,035 --> 00:06:10,151
"I'm merely grading them."

57
00:06:10,245 --> 00:06:11,611
(WOMAN LAUGHS)

58
00:06:11,705 --> 00:06:12,705
(CLINKING)

59
00:06:12,789 --> 00:06:14,371
(CHATTER DIES DOWN)

60
00:06:14,457 --> 00:06:16,494
Esteemed colleagues, ladies,

61
00:06:17,377 --> 00:06:20,211
this is only the sixth year
women have had

62
00:06:20,297 --> 00:06:22,789
the privilege to earn
a Harvard law degree.

63
00:06:22,883 --> 00:06:26,376
This little soiree
is our way of saying welcome.

64
00:06:26,469 --> 00:06:28,677
My wife Harriet and I

65
00:06:28,763 --> 00:06:32,302
are very glad all nine
of you have joined us.

66
00:06:36,062 --> 00:06:38,179
Let us go around the table,

67
00:06:38,273 --> 00:06:42,483
and each of you ladies report
who you are, where you're from

68
00:06:42,569 --> 00:06:47,610
and why you're occupying a place at
Harvard that could have gone to a man.

69
00:06:48,074 --> 00:06:49,235
(MAN CLEARS THROAT)

70
00:06:53,038 --> 00:06:54,119
Yeah.

71
00:06:54,205 --> 00:06:55,205
HARRIET: Well...

72
00:06:55,957 --> 00:06:57,573
Why don't you
get us started, dear?

73
00:07:01,546 --> 00:07:04,914
I'm Hennie Callaghan.
Father's a lawyer back in Minneapolis.

74
00:07:05,008 --> 00:07:07,796
He used to give me drafts of
contracts to use for drawing paper,

75
00:07:07,886 --> 00:07:10,173
but at some point,
I got more interested

76
00:07:10,263 --> 00:07:11,925
in reading them
than drawing on them.

77
00:07:12,015 --> 00:07:13,096
(SCATTERED LAUGHTER)

78
00:07:13,183 --> 00:07:17,177
In a few years, it's gonna be
Callaghan and Callaghan.

79
00:07:17,270 --> 00:07:18,852
That was fine.

80
00:07:20,065 --> 00:07:21,065
Next.

81
00:07:21,524 --> 00:07:22,640
(EMILY CLEARS THROAT)

82
00:07:24,486 --> 00:07:26,523
Emily Hicks. Hello.

83
00:07:26,613 --> 00:07:27,613
Connecticut.

84
00:07:27,697 --> 00:07:30,986
When I finished Mount Holyoke,
my mother wanted me to get married.

85
00:07:31,618 --> 00:07:32,734
But I didn't wanna do that.

86
00:07:32,827 --> 00:07:35,365
And I didn't wanna be
a teacher or a nurse.

87
00:07:35,455 --> 00:07:36,571
So...
ERWIN: Ah!

88
00:07:37,332 --> 00:07:39,289
That's not
a very good reason.

89
00:07:40,502 --> 00:07:41,502
Next.

90
00:07:46,299 --> 00:07:47,415
(CLATTERS)
RUTH: Oh.

91
00:07:47,509 --> 00:07:49,171
- Watch it.
- Sorry.

92
00:07:49,469 --> 00:07:50,880
(CLATTERING)

93
00:07:52,138 --> 00:07:53,299
(CLEARS THROAT SOFTLY)

94
00:07:54,766 --> 00:07:56,302
(CHUCKLES)

95
00:07:56,393 --> 00:07:57,393
Uh...

96
00:07:57,894 --> 00:08:01,979
I'm Ruth Ginsburg
from Brooklyn.

97
00:08:04,067 --> 00:08:05,979
And why are you here,
Miss Ginsburg?

98
00:08:06,569 --> 00:08:09,562
Uh, Mrs. Ginsburg, actually.

99
00:08:10,407 --> 00:08:12,615
My husband Marty
is in the second-year class.

100
00:08:14,244 --> 00:08:17,032
I'm at Harvard to learn
more about his work,

101
00:08:17,122 --> 00:08:20,160
so I can be a more patient
and understanding wife.

102
00:08:20,250 --> 00:08:22,162
- (SNORTS)
- (WOMEN GIGGLE)

103
00:08:25,005 --> 00:08:29,124
Come to dinner. The beans will be boiled,
the chicken will be stewed

104
00:08:29,217 --> 00:08:30,549
and you will be grilled.

105
00:08:30,635 --> 00:08:33,343
We came to Harvard
to be lawyers. Why else?

106
00:08:33,430 --> 00:08:34,671
It's truly
an asinine question.

107
00:08:34,764 --> 00:08:36,255
He's never gonna
take me seriously.

108
00:08:36,349 --> 00:08:38,841
No, that's not true.
You're the smartest person here.

109
00:08:38,935 --> 00:08:40,597
And you're gonna be
the most prepared.

110
00:08:40,687 --> 00:08:42,303
So just stand up
and say what you know.

111
00:08:42,397 --> 00:08:44,041
At a place like this,
that's all that matters.

112
00:08:44,065 --> 00:08:48,105
In my experience, even small mistakes
are glaring when you stick out.

113
00:08:49,487 --> 00:08:51,604
Well, then you're very lucky.

114
00:08:53,450 --> 00:08:54,450
Because you

115
00:08:56,828 --> 00:08:59,195
are very short.

116
00:08:59,289 --> 00:09:00,496
(CHUCKLES SOFTLY)

117
00:09:11,134 --> 00:09:12,134
Oh, yeah?

118
00:09:18,349 --> 00:09:19,385
Yeah.

119
00:09:21,478 --> 00:09:27,725
Well, why don't you come down
here and say that to my face?

120
00:09:53,051 --> 00:09:54,758
Mrs. Ginsburg.

121
00:09:54,844 --> 00:09:55,844
Hmm.

122
00:10:05,271 --> 00:10:07,103
(INDISTINCT CHATTER)

123
00:10:11,736 --> 00:10:12,817
(DOOR OPENS)

124
00:10:12,904 --> 00:10:17,740
I am Professor Brown.
This is Introduction to Contracts.

125
00:10:17,992 --> 00:10:20,200
<i>Hawkins v. McGee.</i>

126
00:10:21,329 --> 00:10:23,787
State the case, please.

127
00:10:33,508 --> 00:10:34,508
Mr. Pruitt.

128
00:10:37,053 --> 00:10:39,716
Uh, good morning. I'm Donald Pruitt.
I'm really honored to be here.

129
00:10:39,806 --> 00:10:41,297
<i>Hawkins v. McGee.</i>

130
00:10:41,391 --> 00:10:42,882
Uh, yeah,
<i>Hawkins v. McGee,</i>

131
00:10:42,976 --> 00:10:45,764
it's a fascinating breach
of contract case where...

132
00:10:46,896 --> 00:10:48,888
Charles Hawkins hurt
his hand and McGee...

133
00:10:48,982 --> 00:10:50,564
Can someone help him please?

134
00:10:59,450 --> 00:11:00,782
Mr. Fitzpatrick.

135
00:11:03,413 --> 00:11:06,121
It was Charles' son who hurt his hand.
Electrocution burn.

136
00:11:06,207 --> 00:11:08,870
And at what point does the case turn,
Mr. Fitzpatrick?

137
00:11:09,627 --> 00:11:12,995
McGee promised to fix the hand
by performing a skin graft.

138
00:11:13,089 --> 00:11:15,126
But McGee wasn't very familiar
with the procedure

139
00:11:15,216 --> 00:11:17,208
and the results weren't
quite what he planned.

140
00:11:20,263 --> 00:11:23,552
Question already?
Mrs. Ginsburg.

141
00:11:23,641 --> 00:11:24,927
Correction, Professor Brown.

142
00:11:25,018 --> 00:11:28,261
McGee did not simply promise
to fix George Hawkins' hand,

143
00:11:28,354 --> 00:11:29,686
he promised, quote,

144
00:11:30,398 --> 00:11:32,481
"a 100% good hand."

145
00:11:32,567 --> 00:11:33,728
That's the same thing.

146
00:11:33,818 --> 00:11:34,818
PROFESSOR BROWN: Is it?

147
00:11:35,153 --> 00:11:36,735
What say you, Mrs. Ginsburg?

148
00:11:36,905 --> 00:11:37,986
It is not.

149
00:11:38,740 --> 00:11:40,026
Words matter.

150
00:11:40,658 --> 00:11:43,150
McGee grafted skin
from Hawkins' chest.

151
00:11:43,244 --> 00:11:45,236
Not only did this fail
to fix the scarring,

152
00:11:45,330 --> 00:11:47,367
he had chest hair
growing on his palm.

153
00:11:47,457 --> 00:11:49,824
Proving that a hand
with a burn is worth two with a bush.

154
00:11:49,918 --> 00:11:51,830
(ALL LAUGHING)

155
00:11:52,962 --> 00:11:54,749
The court denied
Hawkins damages.

156
00:11:54,839 --> 00:11:56,150
Hawkins did get damages.
The court said...

157
00:11:56,174 --> 00:11:57,506
If I may finish?

158
00:11:58,843 --> 00:12:01,836
Hawkins was denied damages
for pain and suffering.

159
00:12:02,096 --> 00:12:05,089
The New Hampshire Supreme Court
ruled he was entitled to damages

160
00:12:05,183 --> 00:12:07,891
only based on the contract
being fulfilled.

161
00:12:09,812 --> 00:12:12,179
So if Dr. McGee had set
realistic expectations

162
00:12:12,273 --> 00:12:14,014
instead of making
grand promises,

163
00:12:14,108 --> 00:12:16,350
Hawkins' award
likely would have been less.

164
00:12:20,657 --> 00:12:23,946
Was that an answer,
Mrs. Ginsburg, or a filibuster?

165
00:12:24,452 --> 00:12:26,284
(ALL LAUGHING)

166
00:12:28,122 --> 00:12:29,533
(LAUGHING)

167
00:12:30,041 --> 00:12:31,041
Hmm.

168
00:12:36,422 --> 00:12:37,503
WOMEN: Movie.

169
00:12:38,007 --> 00:12:39,007
WOMEN: Four words.

170
00:12:39,259 --> 00:12:41,171
- WOMEN: Second word.
- Seven?

171
00:12:41,261 --> 00:12:42,297
- EMILY: Seven.
- Uh-oh.

172
00:12:42,387 --> 00:12:43,387
WOMEN: Fourth word.

173
00:12:44,264 --> 00:12:45,300
(LAUGHTER)

174
00:12:45,390 --> 00:12:46,756
- Monkey.
- Oh, gorilla.

175
00:12:46,849 --> 00:12:48,340
Monkey business! Ape!

176
00:12:48,434 --> 00:12:50,300
Monkey, monkey.
WOMAN: Ape!

177
00:12:51,354 --> 00:12:52,936
- Monkey on my back?
- (WOLF WHISTLES)

178
00:12:55,358 --> 00:12:56,769
Second word, "seven."

179
00:12:56,859 --> 00:12:58,816
- Seven...
<i>- Seven Brides for Seven Brothers?</i>

180
00:12:58,903 --> 00:13:00,863
- What does that have to do with monkeys?
- And...

181
00:13:00,947 --> 00:13:02,813
- Oh, oh! <i>The Seven Year Itch.</i>
- Time!

182
00:13:02,907 --> 00:13:04,739
(WOMEN CHEERING)
MARTIN: Oh! Oh!

183
00:13:05,493 --> 00:13:07,280
(ALL LAUGHING)

184
00:13:07,370 --> 00:13:09,532
Ruthless Ruthy
strikes again.

185
00:13:09,622 --> 00:13:11,534
Okay. Next round's
riding on you.

186
00:13:12,000 --> 00:13:13,491
Don't worry,
he's very good.

187
00:13:13,584 --> 00:13:15,604
Thank God, because she
actually broke up with someone

188
00:13:15,628 --> 00:13:16,668
for being bad at Charades.

189
00:13:16,713 --> 00:13:19,626
- You didn't really?
- It was a manifestation

190
00:13:19,716 --> 00:13:20,877
of his being an idiot.

191
00:13:20,967 --> 00:13:22,048
- (WOMAN LAUGHS)
- See?

192
00:13:22,135 --> 00:13:23,862
Don't worry, I'm comfortable
being smarter than you.

193
00:13:23,886 --> 00:13:24,886
Oh, thank you.

194
00:13:24,971 --> 00:13:26,291
WOMAN:
All right, everybody ready?

195
00:13:27,098 --> 00:13:28,305
Uh, song.

196
00:13:30,560 --> 00:13:32,426
MAN 1: Buddy Holly?
MAN 2: Bill Haley.

197
00:13:32,854 --> 00:13:33,890
By Elvis.

198
00:13:34,689 --> 00:13:35,896
MAN 2: Three words.

199
00:13:36,274 --> 00:13:37,714
MAN 1: First word.
MAN 2: First word.

200
00:13:38,401 --> 00:13:39,437
Uh...

201
00:13:39,527 --> 00:13:41,063
- Uh, table.
- A glass?

202
00:13:41,154 --> 00:13:42,235
MAN 2: A book.

203
00:13:42,322 --> 00:13:44,154
Reading!
MAN 2: Uh, blue!

204
00:13:44,240 --> 00:13:46,698
- Uh, <i>Blueberry Hill.</i>
- No, that's Fats Domino.

205
00:13:46,784 --> 00:13:47,991
- Third word.
- Third word.

206
00:13:48,077 --> 00:13:49,193
- Floor.
- Carpet.

207
00:13:49,287 --> 00:13:51,279
Dancing?
EMILY: Nice moves.

208
00:13:51,372 --> 00:13:52,988
- (GROANING)
- (LAUGHTER)

209
00:13:53,082 --> 00:13:54,414
Oh, no sound effects.

210
00:13:54,959 --> 00:13:56,166
MAN 1: Oh, <i>Blue Suede Shoes!</i>

211
00:13:56,252 --> 00:13:58,209
MAN 2: Come on, Marty,
you're a lightweight.

212
00:13:58,296 --> 00:13:59,832
RUTH: Marty?

213
00:13:59,922 --> 00:14:01,914
- (GROANS)
- Marty?

214
00:14:02,008 --> 00:14:03,749
Help! Help!
MAN 1: Is he all right?

215
00:14:03,843 --> 00:14:04,924
Someone get some help!

216
00:14:05,011 --> 00:14:06,422
(INAUDIBLE)

217
00:14:13,061 --> 00:14:14,597
The doctor's ready
to see you.

218
00:14:45,051 --> 00:14:46,212
Excuse me.

219
00:14:46,677 --> 00:14:47,838
NURSE:
Just a moment please.

220
00:14:51,682 --> 00:14:54,140
- Excuse me, I just...
- Just a moment, I need to make a call.

221
00:14:56,354 --> 00:14:59,062
Yes. Can we have
the results today?

222
00:14:59,399 --> 00:15:00,685
Excuse me?

223
00:15:01,234 --> 00:15:04,102
Doctor. You examined
my husband.

224
00:15:04,195 --> 00:15:06,215
I'm wondering when you think
he'll be able to leave.

225
00:15:06,239 --> 00:15:08,777
- I need to call the sitter...
- What's the patient's name?

226
00:15:09,575 --> 00:15:11,441
Martin Ginsburg.

227
00:15:11,536 --> 00:15:13,323
Right. Ginsburg.

228
00:15:13,413 --> 00:15:15,575
(INHALES SHARPLY)
Hmm.

229
00:15:15,665 --> 00:15:16,906
Yeah, he's not
going home today.

230
00:15:16,999 --> 00:15:19,241
- Excuse me?
- We have more tests to run.

231
00:15:21,379 --> 00:15:22,460
What kind of tests?

232
00:15:22,547 --> 00:15:24,191
Various kinds.
He's gonna be with us a while.

233
00:15:24,215 --> 00:15:25,922
What tests?
I need to see him.

234
00:15:26,008 --> 00:15:29,968
Go home, get some rest.
We'll know more in a few days.

235
00:15:30,054 --> 00:15:31,465
Now, if you'll excuse me.

236
00:15:36,686 --> 00:15:37,686
EMILY: <i>How is he?</i>

237
00:15:39,021 --> 00:15:40,137
Fine.

238
00:15:50,032 --> 00:15:51,739
Call any time, okay?

239
00:15:56,122 --> 00:15:57,158
Bye.

240
00:15:58,624 --> 00:16:01,287
(DOOR OPENS AND CLOSES)

241
00:16:46,631 --> 00:16:47,712
(GROANS SOFTLY)

242
00:16:48,758 --> 00:16:50,590
- Hi.
- Hi.

243
00:16:52,136 --> 00:16:53,343
(CHUCKLES SOFTLY)

244
00:16:57,058 --> 00:16:59,345
At least you got
a break from my cooking.

245
00:17:01,145 --> 00:17:02,556
(FOOTSTEPS APPROACHING)

246
00:17:04,398 --> 00:17:05,639
Afternoon.

247
00:17:05,733 --> 00:17:07,690
- Hey, Doc.
- Dr. Leadbetter.

248
00:17:09,028 --> 00:17:10,235
(SIGHS)

249
00:17:11,656 --> 00:17:12,692
It's as we feared.

250
00:17:14,742 --> 00:17:17,109
Marty, you're young,
and we caught it early.

251
00:17:18,037 --> 00:17:20,404
We've pioneered
a new treatment here.

252
00:17:20,498 --> 00:17:25,084
It entails numerous surgeries,
each followed by a course of radiation.

253
00:17:25,586 --> 00:17:29,045
There's a chance you can go on
to a healthy, happy life.

254
00:17:29,131 --> 00:17:30,497
As if none of this
had happened.

255
00:17:30,591 --> 00:17:33,379
Well, what kind of a chance?

256
00:17:34,053 --> 00:17:36,545
Dr. Leadbetter, we'd rather
know what we're facing.

257
00:17:39,392 --> 00:17:42,601
Survival rate for testicular
cancer has been about 5%.

258
00:17:42,812 --> 00:17:44,428
(CHUCKLES DRYLY)

259
00:17:46,065 --> 00:17:47,351
Thanks for the honesty.

260
00:17:48,442 --> 00:17:49,442
I think.

261
00:17:49,527 --> 00:17:50,893
I'll let you two talk.

262
00:17:57,910 --> 00:17:58,910
(SIGHS)

263
00:18:28,482 --> 00:18:30,098
(SOBBING)

264
00:18:31,986 --> 00:18:33,397
We're never giving up.

265
00:18:35,114 --> 00:18:36,321
You keep working.

266
00:18:38,242 --> 00:18:39,449
Keep studying.

267
00:18:40,077 --> 00:18:41,909
Jane will have her father.

268
00:18:43,748 --> 00:18:45,239
You will be a lawyer.

269
00:18:47,960 --> 00:18:50,873
I'm spending my life with you,
Martin Ginsburg.

270
00:18:53,049 --> 00:18:54,961
(SNIFFLING)

271
00:19:02,350 --> 00:19:03,761
(CONTINUES SOBBING)

272
00:19:13,736 --> 00:19:15,693
PROFESSOR FREUND:
<i>Judicial consistency.</i>

273
00:19:16,280 --> 00:19:21,241
<i>The doctrine of stare decisis
comes from English common law,</i>

274
00:19:21,327 --> 00:19:23,785
which also provides
the first examples

275
00:19:23,871 --> 00:19:27,285
of circumstances where
precedence may be overturned.

276
00:19:27,375 --> 00:19:28,491
RUTH: Excuse me.

277
00:19:29,293 --> 00:19:31,660
- Judges are bound...
- Thank you.

278
00:19:31,754 --> 00:19:32,961
Excuse me.

279
00:19:33,047 --> 00:19:34,583
May I help you?

280
00:19:34,924 --> 00:19:38,042
Um...
I'm Martin Ginsburg's wife.

281
00:19:38,135 --> 00:19:40,718
I'll be attending
his classes for him.

282
00:19:41,764 --> 00:19:43,471
In addition to your own?

283
00:19:44,141 --> 00:19:46,849
Yes, Professor Freund.

284
00:19:53,109 --> 00:19:57,149
Judges are bound
by precedence,

285
00:19:57,238 --> 00:19:59,400
but they cannot ignore
cultural change.

286
00:20:00,241 --> 00:20:03,780
A court ought not be affected
by the weather of the day,

287
00:20:03,869 --> 00:20:06,987
but will be by
the climate of the era.

288
00:20:10,042 --> 00:20:12,785
MARTIN: <i>Wait, wait, wait.
Say that last part again?</i>

289
00:20:13,087 --> 00:20:17,502
"A court ought not be affected
by the weather of the day,

290
00:20:17,591 --> 00:20:20,584
"but will be by
the climate of the era."

291
00:20:22,930 --> 00:20:24,046
(GRUNTS SOFTLY)

292
00:20:24,473 --> 00:20:25,714
You're sure he said that?

293
00:20:29,186 --> 00:20:30,267
Of course.

294
00:20:30,730 --> 00:20:32,346
(SIGHS) Of course.

295
00:20:36,902 --> 00:20:38,814
The law is never finished.

296
00:20:40,281 --> 00:20:42,364
It is a work in progress,

297
00:20:45,619 --> 00:20:47,531
and ever will be.

298
00:20:47,621 --> 00:20:50,113
- (DINGS)
<i>- Brown v. the Board of Education,</i>

299
00:20:50,958 --> 00:20:53,120
parentheses, 1954,

300
00:20:53,419 --> 00:20:55,331
was the most revolutionary

301
00:20:56,672 --> 00:20:58,254
Supreme Court case

302
00:20:59,717 --> 00:21:01,128
in the last century.

303
00:21:01,218 --> 00:21:03,005
(BABY CRYING)

304
00:21:04,388 --> 00:21:06,505
Representing Oliver Brown

305
00:21:07,850 --> 00:21:08,850
et al.,

306
00:21:09,810 --> 00:21:11,051
Thurgood Marshall...

307
00:21:11,145 --> 00:21:13,558
- I'm not listening.
- ...educated the court...

308
00:21:13,647 --> 00:21:15,058
(CRYING CONTINUES)

309
00:21:27,620 --> 00:21:28,827
Come on, Jane.

310
00:21:28,913 --> 00:21:30,825
That's it, come on, sweetie.

311
00:21:46,680 --> 00:21:47,761
Okay...

312
00:22:15,084 --> 00:22:16,245
(KISSES)

313
00:22:43,654 --> 00:22:45,065
(CRANKING)

314
00:23:04,216 --> 00:23:05,832
RUTH AND MARTIN:
<i>One, two, three...</i>

315
00:23:06,010 --> 00:23:07,592
- Whoo!
- (JANE LAUGHS)

316
00:23:07,678 --> 00:23:09,761
- One, two, three...
- One, two, three...

317
00:23:09,847 --> 00:23:11,032
- RUTH AND MARTIN: Whoo!
- (GIGGLES)

318
00:23:11,056 --> 00:23:12,467
Should we give
Daddy a rest?

319
00:23:13,893 --> 00:23:16,306
Some day, this little angel's
gonna slam the door in our face

320
00:23:16,395 --> 00:23:18,352
and tell us that
we're ruining her life.

321
00:23:21,150 --> 00:23:22,812
I should've never
taken the job.

322
00:23:23,402 --> 00:23:24,768
It's a great firm.

323
00:23:25,112 --> 00:23:27,900
And New York is the center
of the legal universe.

324
00:23:28,741 --> 00:23:29,902
You earned it.

325
00:23:30,784 --> 00:23:32,150
You earned it.

326
00:23:32,244 --> 00:23:33,985
- I barely survived it.
- (CHUCKLES)

327
00:23:35,706 --> 00:23:37,914
I just don't wanna be away
from you and Jane.

328
00:23:38,375 --> 00:23:39,491
You won't be.

329
00:23:40,669 --> 00:23:41,830
I won't allow it.

330
00:23:42,880 --> 00:23:44,121
I'll convince him.

331
00:23:47,092 --> 00:23:49,254
Say, "Good luck, Mommy."
JANE: Good luck, Mommy.

332
00:23:50,137 --> 00:23:52,254
ERWIN: <i>You want
a Harvard law degree,</i>

333
00:23:52,348 --> 00:23:55,591
<i>though you plan to finish
your coursework at Columbia?</i>

334
00:23:56,977 --> 00:23:59,515
You would do well,
Mrs. Ginsburg,

335
00:23:59,605 --> 00:24:02,268
to remember how fortunate
you are to be here.

336
00:24:02,942 --> 00:24:04,228
Dean Griswold,

337
00:24:04,318 --> 00:24:07,186
between the first
and third year of law school,

338
00:24:07,488 --> 00:24:10,231
which is the more substantive,
the more critical?

339
00:24:10,407 --> 00:24:11,818
The first, of course.

340
00:24:11,909 --> 00:24:14,777
Yet when someone transfers in
as a second year student

341
00:24:14,870 --> 00:24:18,284
having taken those more important classes
elsewhere, he's allowed a degree.

342
00:24:18,415 --> 00:24:20,577
- That's irrelevant.
- I've been here two years.

343
00:24:20,751 --> 00:24:22,242
I'm first in my class.

344
00:24:22,419 --> 00:24:25,912
There is no reason your
husband cannot provide for you

345
00:24:26,006 --> 00:24:28,623
while you and the child
remain in Cambridge.

346
00:24:29,218 --> 00:24:32,962
Last year, John Sumner was allowed to
finish his course work at Baltimore.

347
00:24:33,389 --> 00:24:35,005
Three years ago,
Roy Paxton...

348
00:24:35,099 --> 00:24:37,056
- Very different cases.
- How are they different?

349
00:24:37,142 --> 00:24:40,431
Mrs. Ginsburg, you have no
compelling need to transfer.

350
00:24:44,650 --> 00:24:46,016
Marty could relapse.

351
00:24:48,237 --> 00:24:49,478
He beat the odds,

352
00:24:49,822 --> 00:24:52,235
but the doctors say
it could happen at any time.

353
00:24:56,996 --> 00:24:58,328
Dean Griswold,

354
00:25:00,124 --> 00:25:01,706
this is my family.

355
00:25:04,503 --> 00:25:05,835
Nonetheless,

356
00:25:06,922 --> 00:25:09,335
we each have
our responsibilities,

357
00:25:09,800 --> 00:25:13,714
and mine is to protect the
distinction of a Harvard law degree.

358
00:25:14,471 --> 00:25:16,463
I can't force you to stay,

359
00:25:18,392 --> 00:25:21,100
but I won't reward you
for leaving, either.

360
00:25:37,202 --> 00:25:38,613
(INAUDIBLE CONVERSATION)

361
00:25:56,847 --> 00:25:58,679
(HORNS BLARING)

362
00:25:58,766 --> 00:26:00,598
(INDISTINCT CHATTER)

363
00:26:35,302 --> 00:26:37,089
Jesus, Mary, and Joseph.

364
00:26:37,971 --> 00:26:40,554
Graduating top of your class,
law review at Harvard

365
00:26:40,849 --> 00:26:42,090
and Columbia.

366
00:26:42,726 --> 00:26:44,217
I didn't even know
that was possible.

367
00:26:44,311 --> 00:26:45,893
Thank you, Mr. Greene.

368
00:26:46,271 --> 00:26:47,478
I've worked hard.

369
00:26:47,731 --> 00:26:49,688
Well, you'd want some
white-shoe firm.

370
00:26:49,775 --> 00:26:52,267
Big money cases,
complex legal maneuvers...

371
00:26:52,361 --> 00:26:55,354
No, I think Bibler and Greene
is the perfect fit.

372
00:26:55,906 --> 00:26:58,114
You handled the Mercer
bankruptcy last year...

373
00:26:58,200 --> 00:27:00,112
Come on. How many
have you been to?

374
00:27:00,702 --> 00:27:02,694
They all turned you down,
right? How many?

375
00:27:03,997 --> 00:27:05,158
Like 10?

376
00:27:07,167 --> 00:27:08,499
Twelve.

377
00:27:08,585 --> 00:27:11,043
A woman, a mother
and a Jew to boot.

378
00:27:12,256 --> 00:27:14,543
I'm surprised that many
let you through the door.

379
00:27:14,633 --> 00:27:16,966
One sent me to interview
for the secretarial pool.

380
00:27:17,052 --> 00:27:18,052
(SCOFFS)

381
00:27:18,137 --> 00:27:21,380
Another told me I'd be too busy
at bake sales to be effective.

382
00:27:21,807 --> 00:27:24,424
One partner closes clients
in the locker room at his club,

383
00:27:24,518 --> 00:27:26,555
so he said I'd be
out of the loop.

384
00:27:27,146 --> 00:27:30,264
Last week, I was told women are
too emotional to be lawyers.

385
00:27:30,357 --> 00:27:31,768
Then that same afternoon,

386
00:27:31,859 --> 00:27:35,023
that a woman graduating top of
her class must be a real ball buster

387
00:27:35,112 --> 00:27:36,819
and wouldn't make
a good colleague.

388
00:27:36,905 --> 00:27:39,318
I was asked when
I'd have my next baby,

389
00:27:39,658 --> 00:27:41,115
and whether I keep Shabbat.

390
00:27:42,411 --> 00:27:45,449
One interviewer told me
I had a sterling résumé,

391
00:27:45,539 --> 00:27:46,724
but they hired
a woman last year,

392
00:27:46,748 --> 00:27:48,476
and what in the world would
they want with two of us?

393
00:27:48,500 --> 00:27:49,707
You must be livid.

394
00:27:52,337 --> 00:27:54,750
My mother taught me
not to give way to emotions.

395
00:27:54,840 --> 00:27:56,172
Bullshit.

396
00:27:56,884 --> 00:27:59,422
You're angry. Good. Use it.

397
00:28:00,012 --> 00:28:02,049
I have to say, Mrs. Ginsburg,

398
00:28:02,389 --> 00:28:03,880
I'm very impressed.

399
00:28:03,974 --> 00:28:05,135
Mr. Greene,

400
00:28:05,893 --> 00:28:07,475
I wanna be a lawyer.

401
00:28:07,769 --> 00:28:09,852
I wanna represent clients
before the court

402
00:28:09,938 --> 00:28:11,474
in pursuit of justice.

403
00:28:11,565 --> 00:28:14,478
You can see, I...
I worked hard through school, I...

404
00:28:15,110 --> 00:28:17,602
I did everything I was
supposed to and I excelled.

405
00:28:17,696 --> 00:28:19,813
I swear it, I'll do
the same for you.

406
00:28:30,709 --> 00:28:33,372
The fact is that,
you know, we're a...

407
00:28:34,046 --> 00:28:35,753
A close-knit firm.

408
00:28:35,839 --> 00:28:38,582
Almost like family,
and, uh...

409
00:28:41,595 --> 00:28:42,881
But the wives,

410
00:28:44,556 --> 00:28:45,797
they get jealous.

411
00:28:50,354 --> 00:28:52,186
(HORNS BLARING)

412
00:28:52,272 --> 00:28:53,808
(INDISTINCT CHATTER)

413
00:28:53,899 --> 00:28:55,731
(SIRENS BLARING IN DISTANCE)

414
00:29:17,214 --> 00:29:20,457
RUTH: <i>"The prince
would marry her</i>

415
00:29:20,550 --> 00:29:23,509
<i>"whose foot would fit
the little slipper."</i>

416
00:29:25,722 --> 00:29:26,838
Kiki?

417
00:29:27,349 --> 00:29:30,137
- "First, he tried it on the..."
- Kik? Kik!

418
00:29:30,227 --> 00:29:32,219
- Where is everybody?
- "...princess."

419
00:29:32,312 --> 00:29:33,928
Oh, hi.

420
00:29:34,231 --> 00:29:36,143
Hello, sweet pea.
Come here.

421
00:29:36,233 --> 00:29:37,974
How was your day, hmm?

422
00:29:38,151 --> 00:29:39,767
I missed you.

423
00:29:39,861 --> 00:29:41,272
Did you have a nice day?

424
00:29:41,363 --> 00:29:43,355
(OPERATIC MUSIC PLAYING
ON RECORD)

425
00:29:44,074 --> 00:29:45,190
Did you get the job?

426
00:29:45,909 --> 00:29:48,196
You got the job.
That's wonderful!

427
00:29:48,287 --> 00:29:49,368
Oh!

428
00:29:49,746 --> 00:29:51,453
So they're gonna give you
a corner office

429
00:29:51,540 --> 00:29:53,101
or you still gonna have to
jump through some hoops?

430
00:29:53,125 --> 00:29:54,957
It's not at Bibler and Greene.

431
00:29:55,168 --> 00:29:56,875
I wasn't what
they were looking for.

432
00:29:58,297 --> 00:29:59,413
That's okay.

433
00:29:59,506 --> 00:30:02,294
I told you one of the other firms
would come back. Which one was it?

434
00:30:04,469 --> 00:30:07,177
Clyde Ferguson left
his professorship at Rutgers.

435
00:30:08,640 --> 00:30:10,285
- Kiki.
- They haven't found another black man

436
00:30:10,309 --> 00:30:11,345
to replace him,

437
00:30:11,435 --> 00:30:14,178
so someone thought a woman
would be the next best thing.

438
00:30:22,362 --> 00:30:24,069
- Good news.
- You can't quit.

439
00:30:25,157 --> 00:30:27,343
There are more firms out there.
This is the biggest city

440
00:30:27,367 --> 00:30:29,554
and the most litigious country
in the history of the planet.

441
00:30:29,578 --> 00:30:31,535
- You can still...
- Marty, I got a job.

442
00:30:32,414 --> 00:30:34,121
Just open the champagne.

443
00:30:34,708 --> 00:30:36,119
(MUSIC CONTINUES PLAYING)

444
00:30:39,796 --> 00:30:40,832
Okay.

445
00:30:42,049 --> 00:30:43,335
Okay.

446
00:30:43,425 --> 00:30:44,666
Then let's celebrate.

447
00:30:52,684 --> 00:30:54,721
<i>Marriage of Figaro.</i>

448
00:30:59,441 --> 00:31:00,522
(MUSIC STOPS)

449
00:31:00,609 --> 00:31:01,690
You know what I think?

450
00:31:01,943 --> 00:31:03,354
I think this is good.

451
00:31:03,612 --> 00:31:04,693
I think it's better.

452
00:31:05,489 --> 00:31:07,300
- You won't be beholden to any firm.
- (ORCHESTRAL MUSIC PLAYING)

453
00:31:07,324 --> 00:31:09,611
You won't have a partner
breathing down your neck.

454
00:31:09,701 --> 00:31:13,866
And also, a professor is free to
represent any client she chooses.

455
00:31:13,955 --> 00:31:14,991
(CORK POPS)

456
00:31:15,082 --> 00:31:18,746
As long as they don't mind a lawyer
who's never actually practiced law.

457
00:31:18,835 --> 00:31:19,835
Well,

458
00:31:20,170 --> 00:31:22,583
all I have to say is,

459
00:31:23,215 --> 00:31:25,457
hooray for Mommy.

460
00:31:27,219 --> 00:31:28,881
- Cheers.
- (GLASSES CLINK)

461
00:31:31,139 --> 00:31:32,346
Hooray for Mommy.

462
00:31:35,936 --> 00:31:37,302
Hooray for Mommy.

463
00:31:43,777 --> 00:31:45,188
(MUSIC CONTINUES PLAYING)

464
00:31:53,870 --> 00:31:55,515
PROTESTORS: (CHANTING)
<i>Hell no, we won't go!</i>

465
00:31:55,539 --> 00:31:57,155
<i>Hell no, we won't go!</i>

466
00:31:57,249 --> 00:31:58,785
Hell no, we won't go!

467
00:31:58,875 --> 00:32:00,662
Hell no, we won't go!

468
00:32:00,752 --> 00:32:02,539
(WOMAN SPEAKING INDISTINCTLY
ON MEGAPHONE)

469
00:32:06,591 --> 00:32:07,672
CROWD: No!

470
00:32:11,972 --> 00:32:13,634
PROTEST LEADER:
<i>And now they're telling us</i>

471
00:32:13,723 --> 00:32:15,885
<i>there's gonna be
no prosecution.</i>

472
00:32:16,476 --> 00:32:18,763
<i>Are we gonna stand for that?</i>
PROTESTORS: No!

473
00:32:18,854 --> 00:32:21,722
<i>Are we gonna die in Vietnam?</i>
PROTESTORS: No!

474
00:32:21,815 --> 00:32:24,523
<i>No! Hell no, we won't go!</i>
CROWD: Hell no, we won't go!

475
00:32:24,609 --> 00:32:26,271
Hell no, we won't go!

476
00:32:26,361 --> 00:32:28,068
Hell no, we won't go!

477
00:32:37,622 --> 00:32:39,033
(INDISTINCT CHATTER)

478
00:32:42,752 --> 00:32:44,368
I'm Professor Ginsburg.

479
00:32:44,963 --> 00:32:48,297
This is Sex Discrimination
and the Law.

480
00:32:49,426 --> 00:32:51,292
Some of my colleagues
will tell you

481
00:32:51,386 --> 00:32:53,594
that sex discrimination
doesn't exist.

482
00:32:53,680 --> 00:32:57,674
That I may as well be teaching the
legal rights of gnomes and fairies.

483
00:32:57,767 --> 00:32:58,883
(LAUGHTER)

484
00:32:58,977 --> 00:33:00,593
We'll see if they're right.

485
00:33:02,481 --> 00:33:04,438
<i>Hoyt v. Florida.</i>

486
00:33:04,858 --> 00:33:06,975
State the facts
please, Miss...

487
00:33:07,486 --> 00:33:08,727
Valentin.

488
00:33:09,154 --> 00:33:10,986
Gwendolyn Hoyt was a housewife

489
00:33:11,072 --> 00:33:12,984
and her husband
was this asshole.

490
00:33:13,366 --> 00:33:15,779
- (WOMEN CHUCKLE)
- Can you recall the specifics?

491
00:33:15,994 --> 00:33:18,202
He cheated on her.
He choked her.

492
00:33:18,455 --> 00:33:20,538
He'd rip off her clothes
and threaten to kill her.

493
00:33:20,707 --> 00:33:22,790
So, in statutory terms,

494
00:33:22,876 --> 00:33:24,083
he was a real asshole.

495
00:33:24,169 --> 00:33:25,410
(ALL LAUGH)

496
00:33:26,129 --> 00:33:29,839
On the night in question,
Clarence told his wife

497
00:33:29,925 --> 00:33:32,668
that he'd met another woman
and he was leaving her.

498
00:33:32,886 --> 00:33:36,129
How did Hoyt respond,
Miss Burton?

499
00:33:36,556 --> 00:33:38,889
She smashed in his skull
with a baseball bat.

500
00:33:39,184 --> 00:33:42,018
Then called an ambulance
while he was dying.

501
00:33:42,938 --> 00:33:46,648
The jury convicted Hoyt
for second-degree murder.

502
00:33:47,442 --> 00:33:49,308
And that's where
our story begins.

503
00:33:49,986 --> 00:33:51,727
A great civil rights lawyer

504
00:33:51,821 --> 00:33:54,108
took up Hoyt's appeal.

505
00:33:54,407 --> 00:33:55,773
Dorothy...

506
00:33:57,410 --> 00:33:58,617
Kenyon.

507
00:34:00,914 --> 00:34:03,281
On what grounds, Miss Roemer?

508
00:34:03,792 --> 00:34:06,751
That Florida's juries
violated the U.S. Constitution

509
00:34:06,836 --> 00:34:08,196
'cause there were
only men on them.

510
00:34:08,463 --> 00:34:11,251
Kenyon said that
if there were women on it,

511
00:34:11,341 --> 00:34:14,300
Hoyt may have been convicted of a
lesser crime, like manslaughter.

512
00:34:14,386 --> 00:34:16,173
But that law
makes sense, though.

513
00:34:17,138 --> 00:34:19,972
Women can't take care of their kids
if they're on some sequestered jury.

514
00:34:20,058 --> 00:34:21,970
WOMAN 1: Oh, is that so?
BENNETT: What?

515
00:34:22,060 --> 00:34:24,222
Men are the mammoth hunters.
WOMAN 2: Oh, my God.

516
00:34:24,312 --> 00:34:25,456
You're never
getting laid again.

517
00:34:25,480 --> 00:34:27,080
What about women
who don't have children?

518
00:34:27,107 --> 00:34:28,227
Or they're out of the house?

519
00:34:28,275 --> 00:34:30,892
Let the man stay home
and take care of his children.

520
00:34:31,236 --> 00:34:34,070
Hey, don't take it out on me.
I'm not holding my fiancée back.

521
00:34:34,155 --> 00:34:35,441
She's got two jobs.

522
00:34:35,532 --> 00:34:39,196
Which she can be fired from
just for marrying you.

523
00:34:40,078 --> 00:34:41,489
The law allows it.

524
00:34:42,414 --> 00:34:45,748
There are laws that say
women can't work overtime.

525
00:34:46,710 --> 00:34:49,669
And that a woman's
Social Security benefits,

526
00:34:49,754 --> 00:34:51,336
unlike her husband's,

527
00:34:51,548 --> 00:34:53,710
don't provide for
a family after death.

528
00:34:53,800 --> 00:34:54,840
What?
WOMAN 3: Excuse me?

529
00:34:54,884 --> 00:34:56,320
That's bullshit.
WOMAN 4: That's crazy.

530
00:34:56,344 --> 00:34:59,428
Ten years ago,
Dorothy Kenyon asked a question.

531
00:35:00,390 --> 00:35:02,848
"If the law differentiates
on the basis of sex,

532
00:35:02,934 --> 00:35:05,472
"then how will women and men
ever become equals?"

533
00:35:06,104 --> 00:35:07,766
And the Supreme Court
answered,

534
00:35:08,356 --> 00:35:09,597
"They won't."

535
00:35:10,066 --> 00:35:11,728
Hoyt lost her appeal.

536
00:35:12,193 --> 00:35:14,276
The decision was unanimous.

537
00:35:14,654 --> 00:35:17,362
Discrimination on
the basis of sex

538
00:35:17,449 --> 00:35:18,690
is legal.

539
00:35:19,367 --> 00:35:21,359
(SOFT MUSIC PLAYING ON RECORD)

540
00:35:24,539 --> 00:35:25,950
(HUMMING SOFTLY)

541
00:35:33,381 --> 00:35:34,667
Here, stir that in.

542
00:35:34,758 --> 00:35:37,375
Hmm. Daddy, that's not
how you do it.

543
00:35:37,594 --> 00:35:38,594
Oh, really?

544
00:35:38,678 --> 00:35:41,546
If you put the herbs in too early,
they lose all their punch.

545
00:35:41,640 --> 00:35:43,326
Well, they're not supposed
to pummel each other, Jane,

546
00:35:43,350 --> 00:35:45,453
they're supposed to complement
each other, and that is why it's called

547
00:35:45,477 --> 00:35:46,996
"marrying the flavors."
JAMES: We're home!

548
00:35:47,020 --> 00:35:49,137
- Hi!
- Daddy!

549
00:35:49,230 --> 00:35:50,641
Buddy!

550
00:35:51,107 --> 00:35:52,439
- How was your day?
- Good.

551
00:35:52,567 --> 00:35:54,003
- You have a good day at school?
- Uh-huh.

552
00:35:54,027 --> 00:35:55,768
What'd you learn?
Anything exciting?

553
00:35:56,404 --> 00:35:57,770
- Not really.
- Hi.

554
00:35:57,864 --> 00:35:59,321
- Hi.
- Hi.

555
00:36:00,533 --> 00:36:02,195
- Jane.
- Hey, Mom.

556
00:36:02,285 --> 00:36:03,617
MARTIN:
How's this year's class?

557
00:36:04,954 --> 00:36:07,617
Oh, these kids
are so passionate.

558
00:36:08,041 --> 00:36:12,001
To them it's about more than
precedents and dissents.

559
00:36:12,087 --> 00:36:14,170
They wanna forge a movement.
MARTIN: That's great.

560
00:36:14,255 --> 00:36:15,917
RUTH: Mmm!
This is delicious.

561
00:36:16,091 --> 00:36:18,083
- MARTIN: Don't act so surprised.
- Jane?

562
00:36:19,344 --> 00:36:21,552
I got a call from
your school today.

563
00:36:22,681 --> 00:36:25,298
Apparently,
I misdated a note

564
00:36:25,642 --> 00:36:27,884
excusing you from classes
last week.

565
00:36:28,019 --> 00:36:30,762
I- t's not a big deal.
- Oh, well, problem solved then, right?

566
00:36:30,855 --> 00:36:32,266
You skipped school, it's...

567
00:36:32,357 --> 00:36:35,521
It's the first week.
Is this what this year's gonna be like?

568
00:36:35,652 --> 00:36:37,004
- And you lied to the school...
- I never lied.

569
00:36:37,028 --> 00:36:39,111
No, forging a note
is lying, Jane.

570
00:36:39,531 --> 00:36:41,113
You're smart enough
to know that.

571
00:36:41,908 --> 00:36:43,524
Well, apparently
I'm not, Mom.

572
00:36:47,122 --> 00:36:49,042
Don't forget we have
that party tonight. Not you.

573
00:36:49,124 --> 00:36:51,411
- Jane!
- I apologized, okay?

574
00:36:51,501 --> 00:36:53,117
I wanna know
where you were.

575
00:36:53,378 --> 00:36:56,166
Denise and I went to a rally
to hear Gloria Steinem speak.

576
00:36:57,090 --> 00:36:58,126
What?

577
00:36:58,550 --> 00:36:59,791
Gloria Steinem.

578
00:37:00,009 --> 00:37:02,376
She's a writer.
She just started her own magazine.

579
00:37:02,512 --> 00:37:05,721
- She testified in the Senate...
- Yeah, I know who Gloria Steinem is.

580
00:37:06,182 --> 00:37:07,969
What if you got hurt
or arrested?

581
00:37:08,059 --> 00:37:10,096
Mom, it's a rally,
not a riot.

582
00:37:10,228 --> 00:37:12,790
- Jane, these things can get out of hand.
- Okay, well, I'm 15 years old

583
00:37:12,814 --> 00:37:14,542
and you don't need to control
every minute of my life.

584
00:37:14,566 --> 00:37:17,559
Yes, I do. That is my job.
And your job is to go to school and learn.

585
00:37:17,652 --> 00:37:20,486
Well, Gloria says we need to
unlearn the status quo.

586
00:37:20,572 --> 00:37:22,780
Oh. So you're on
a first-name basis now?

587
00:37:22,866 --> 00:37:24,152
You know what, Mom?

588
00:37:24,325 --> 00:37:27,489
If you wanna sit around with your students
and talk about how shitty it is

589
00:37:27,579 --> 00:37:28,681
- to be a girl...
- Hey! Language.

590
00:37:28,705 --> 00:37:30,367
But don't pretend
it's a movement, okay?

591
00:37:30,457 --> 00:37:32,870
It's not a movement
if everyone's just sitting.

592
00:37:33,460 --> 00:37:35,952
That's a support group.
MARTIN: Jane. That's enough.

593
00:37:40,008 --> 00:37:41,215
We should get going.

594
00:37:41,301 --> 00:37:43,384
Yeah, go make yourself pretty
for Daddy's party.

595
00:37:46,139 --> 00:37:48,051
- You know what? Go to your room.
- Fine.

596
00:37:50,059 --> 00:37:51,059
(DOOR SLAMS SHUT)

597
00:37:51,561 --> 00:37:52,927
No, no, it's well-known.

598
00:37:53,021 --> 00:37:55,980
Tax is the only genuinely
funny area of the law.

599
00:37:56,065 --> 00:37:59,185
INTERN: And I think most of us just want
careers that have a little more, uh...

600
00:37:59,360 --> 00:38:00,942
...impact.
MARTIN: Hmm.

601
00:38:02,155 --> 00:38:04,175
You know, young people in Sweden
these days aren't getting married?

602
00:38:04,199 --> 00:38:05,406
INTERN: Really?

603
00:38:05,492 --> 00:38:07,825
MARTIN: It's true. They're getting engaged.
INTERN: Hmm.

604
00:38:08,578 --> 00:38:10,114
MARTIN: They're still
living together.

605
00:38:10,747 --> 00:38:12,488
Still having kids,
raising a family,

606
00:38:12,582 --> 00:38:14,539
but they're not getting married.
You know why?

607
00:38:14,626 --> 00:38:16,066
INTERN: They can
have sex without it.

608
00:38:16,127 --> 00:38:18,119
(MEN LAUGHING)

609
00:38:18,922 --> 00:38:20,379
It's because of taxes.

610
00:38:22,258 --> 00:38:24,170
It's true. After the war,
Sweden passed a law

611
00:38:24,260 --> 00:38:27,549
that said married couples will
now file joint income tax returns.

612
00:38:27,639 --> 00:38:29,221
However, unlike
the United States,

613
00:38:29,307 --> 00:38:31,147
they weren't given
any of the benefits from it.

614
00:38:31,392 --> 00:38:35,056
So, married Swedes were finding
themselves in the uncomfortable position

615
00:38:35,146 --> 00:38:37,183
of now being in
a higher tax bracket.

616
00:38:37,357 --> 00:38:39,557
INTERN: (LAUGHING) Really?
MARTIN: So they got divorced.

617
00:38:39,984 --> 00:38:41,664
Of course, they were
still living together.

618
00:38:41,694 --> 00:38:44,186
So the Swedish government
then passes a new law that says,

619
00:38:44,280 --> 00:38:46,146
"All right. Married couples
who get divorced

620
00:38:46,241 --> 00:38:48,699
"but continue to live together
for tax purposes

621
00:38:48,785 --> 00:38:50,617
"will be considered
still married."

622
00:38:50,703 --> 00:38:51,983
So they did what
anyone would do.

623
00:38:52,038 --> 00:38:53,620
They add a second entrance
to their home

624
00:38:53,706 --> 00:38:56,289
with a nice wall that goes
right down the middle

625
00:38:56,376 --> 00:38:58,083
with doors for
(CLICKS TONGUE) easy access.

626
00:38:58,211 --> 00:39:02,330
- (LAUGHTER)
- "All right, fine," says the Swedish government, "new law.

627
00:39:02,799 --> 00:39:06,964
"Once married, now divorced
couples living in a two-income household

628
00:39:07,053 --> 00:39:11,047
"that is subdivided would,"
again, for tax purposes,

629
00:39:11,808 --> 00:39:13,577
"be considered living together,
and therefore..."

630
00:39:13,601 --> 00:39:15,058
Therefore, still married.

631
00:39:15,144 --> 00:39:19,013
(CLAPS) Now he's got it.
And this went on for decades.

632
00:39:19,107 --> 00:39:20,894
All the while,
a whole generation of Swedes

633
00:39:20,984 --> 00:39:23,692
simply skirted the issue by never
getting married in the first place.

634
00:39:24,654 --> 00:39:26,771
Speaking of, have you all met
my lovely wife, Ruth?

635
00:39:26,948 --> 00:39:30,783
The moral of his story is that in
their attempt to raise revenue,

636
00:39:30,869 --> 00:39:33,031
the Swedish government
ruined all those young men's

637
00:39:33,121 --> 00:39:34,282
best hope at happiness.

638
00:39:34,706 --> 00:39:35,742
- (MEN LAUGH)
- Exactly.

639
00:39:36,249 --> 00:39:39,083
Because how a government
taxes its citizens

640
00:39:39,168 --> 00:39:42,127
is a direct declaration
of a country's values.

641
00:39:42,380 --> 00:39:44,872
So tell me, what could have
more impact than that?

642
00:39:44,966 --> 00:39:46,252
(MEN LAUGHING)

643
00:39:47,010 --> 00:39:48,501
You'd be wise
to listen, boys.

644
00:39:48,595 --> 00:39:50,427
I swear to Christ,

645
00:39:50,513 --> 00:39:53,301
Martin Ginsburg will be signing
all of our checks someday.

646
00:39:53,391 --> 00:39:54,507
(MEN LAUGH)

647
00:39:55,476 --> 00:39:57,718
You're a smart girl, Ruthy,
you married a star.

648
00:40:01,065 --> 00:40:03,022
Tom Maller's barely evolved.

649
00:40:03,109 --> 00:40:05,226
He started walking
upright last week.

650
00:40:05,612 --> 00:40:07,604
- You always do that.
- What?

651
00:40:07,780 --> 00:40:10,147
- You act like it doesn't matter.
- No.

652
00:40:10,241 --> 00:40:12,073
But all the little
brush-offs,

653
00:40:12,160 --> 00:40:15,653
the dismissive pats on the head, it...
It matters, Marty.

654
00:40:15,747 --> 00:40:19,286
Why? You know what you're doing is important.
So who cares?

655
00:40:20,835 --> 00:40:23,623
Okay, fine. Next time my boss
gives me a clumsy compliment,

656
00:40:23,713 --> 00:40:25,079
I'll challenge him to a duel.

657
00:40:25,173 --> 00:40:26,289
Will that make you happy?

658
00:40:26,382 --> 00:40:28,624
I wouldn't wanna hurt
your stellar reputation.

659
00:40:28,718 --> 00:40:31,586
- Just tell me what you want.
- Nothing!

660
00:40:32,055 --> 00:40:34,172
I want nothing.
I want you to go to work

661
00:40:34,265 --> 00:40:35,676
and wow your
bosses and clients,

662
00:40:35,767 --> 00:40:37,008
and be the youngest partner

663
00:40:37,101 --> 00:40:38,329
- in the history of the firm.
- That's not fair.

664
00:40:38,353 --> 00:40:39,872
- That's not fair and you know it.
- Then I want you to walk

665
00:40:39,896 --> 00:40:42,333
me home, Marty, so I can sit in my corner
and write a lesson plan to inspire

666
00:40:42,357 --> 00:40:44,001
- the next generation of students...
- No one's pushing you

667
00:40:44,025 --> 00:40:45,586
- in the corner.
- ...to go forth and fight for equality.

668
00:40:45,610 --> 00:40:48,774
I don't understand why you're acting
like that's such a bad thing.

669
00:40:49,197 --> 00:40:51,484
You're out there training
the next generation of lawyers

670
00:40:51,574 --> 00:40:52,574
to change the world.

671
00:40:52,659 --> 00:40:54,696
Because that's what
I wanted to do!

672
00:41:02,168 --> 00:41:03,659
Kiki. Kiki.

673
00:41:04,879 --> 00:41:06,871
(VIOLIN PLAYING ON RECORD)

674
00:41:07,840 --> 00:41:09,627
- (KNOCK ON DOOR)
- (DOOR OPENS)

675
00:41:15,306 --> 00:41:16,547
Page 21.

676
00:41:18,518 --> 00:41:20,601
I don't read tax court cases.

677
00:41:20,687 --> 00:41:21,848
Read this one.

678
00:41:22,146 --> 00:41:24,354
The IRS denied a petitioner
a tax deduction

679
00:41:24,440 --> 00:41:26,853
to hire a nurse to take care
of an invalid mother.

680
00:41:28,111 --> 00:41:30,478
- Sounds like a real page turner.
- Hmm.

681
00:41:30,738 --> 00:41:33,276
- Ask me why.
- Marty, I have a lecture to write.

682
00:41:33,700 --> 00:41:35,441
Hmm. Okay.

683
00:41:38,496 --> 00:41:41,159
It's because the petitioner
is a man.

684
00:41:43,251 --> 00:41:44,332
(DOOR CLOSES)

685
00:41:46,337 --> 00:41:47,623
RUTH: Marty.

686
00:41:48,965 --> 00:41:51,628
Section 214 of the Tax Code

687
00:41:51,718 --> 00:41:54,802
assumes a caregiver
has to be a woman.

688
00:41:56,806 --> 00:42:01,346
This is sex-based
discrimination against a man.

689
00:42:03,229 --> 00:42:04,891
(CLICKS TONGUE) Poor guy.

690
00:42:05,523 --> 00:42:07,230
If a federal court

691
00:42:08,151 --> 00:42:09,938
ruled that this law

692
00:42:10,445 --> 00:42:12,732
is unconstitutional,

693
00:42:12,822 --> 00:42:14,438
then it could become
the precedent

694
00:42:14,532 --> 00:42:16,865
others refer to
and build on.

695
00:42:17,493 --> 00:42:19,075
Men and women both.

696
00:42:20,955 --> 00:42:24,790
It could topple the whole damn
system of discrimination.

697
00:42:25,543 --> 00:42:26,750
(CHUCKLES SOFTLY)

698
00:42:28,004 --> 00:42:29,211
What?

699
00:42:29,297 --> 00:42:30,504
Nothing.

700
00:42:30,757 --> 00:42:33,921
I'm just thrilled at your newfound
enthusiasm for tax law.

701
00:42:34,385 --> 00:42:35,546
Marty.

702
00:42:35,636 --> 00:42:36,672
Oh.

703
00:42:37,680 --> 00:42:38,921
And Marty,

704
00:42:40,349 --> 00:42:42,136
we need to take this case.

705
00:42:42,351 --> 00:42:43,558
(ELEVATOR BELL DINGS)

706
00:42:55,865 --> 00:42:57,857
Of course he says he's against
bombing Cambodia.

707
00:42:57,950 --> 00:42:59,691
I wanna know,
where's the bill to defund it?

708
00:42:59,786 --> 00:43:01,666
It's derogatory,
it's taunting, but it's speech.

709
00:43:02,163 --> 00:43:04,075
Mel Wulf is expecting me.

710
00:43:04,165 --> 00:43:06,435
He wants to get his hands on Nixon,
or he hopes the Viet Cong do?

711
00:43:06,459 --> 00:43:07,791
Well, why?
What's the difference?

712
00:43:08,169 --> 00:43:10,331
Five years in prison. Go.

713
00:43:13,841 --> 00:43:16,299
(SINGING) <i>Oh</i>

714
00:43:16,385 --> 00:43:20,504
<i>I'm an acorn, short and round
Lying on the dusty ground</i>

715
00:43:20,598 --> 00:43:23,807
<i>Everybody steps on me
That is why I'm cracked You see</i>

716
00:43:23,893 --> 00:43:26,351
<i>I'm a nut, I'm a nut
I'm a nut</i>

717
00:43:26,437 --> 00:43:27,437
Come on.

718
00:43:27,522 --> 00:43:30,356
<i>I'm a nut, I'm a nut
I'm a nut</i>

719
00:43:30,942 --> 00:43:33,685
<i>I'm a nut, I'm a nut
I'm a nut</i>

720
00:43:33,778 --> 00:43:34,778
Wow.

721
00:43:34,862 --> 00:43:36,569
<i>Oh, I'm a nut
But that's no sin</i>

722
00:43:36,656 --> 00:43:39,023
<i>'Cause at Camp Che-Na-Wah
I fit right in</i>

723
00:43:39,117 --> 00:43:40,449
- (FAINT LAUGHTER)
- (CLAPS)

724
00:43:40,535 --> 00:43:41,867
Ladies and gentlemen,

725
00:43:41,953 --> 00:43:46,573
three-time Camp Che-Na-Wah
All-Around Camper, Ruth "Kiki" Bader.

726
00:43:49,585 --> 00:43:51,793
Oh, and for all you
who think this job is hard,

727
00:43:51,879 --> 00:43:54,917
I judged the 13-and-unders
with a color war trophy on the line.

728
00:43:55,007 --> 00:43:57,374
- (LAUGHTER)
- Back to work.

729
00:43:58,845 --> 00:44:00,552
Hey, Kiki.
What do you say?

730
00:44:03,057 --> 00:44:04,798
- Hi, Mel.
- (SNORTS)

731
00:44:05,476 --> 00:44:06,592
Sorry about that.

732
00:44:09,522 --> 00:44:10,933
You said you had a case.

733
00:44:11,482 --> 00:44:12,689
This is not a case.

734
00:44:12,775 --> 00:44:15,734
This is the opening salvo on a 50-year
war for a new class of civil rights.

735
00:44:15,820 --> 00:44:17,231
Yes! Exactly!

736
00:44:17,989 --> 00:44:19,855
I can't do this.
It's beyond my mandate.

737
00:44:19,949 --> 00:44:22,191
American Civil
Liberties Union?

738
00:44:23,035 --> 00:44:24,367
Women's rights
are civil rights.

739
00:44:24,453 --> 00:44:26,661
I'm still getting flak for
defending draft card burners.

740
00:44:26,998 --> 00:44:28,955
And the right to protest
actually exists.

741
00:44:29,250 --> 00:44:30,457
After you.

742
00:44:30,543 --> 00:44:31,624
Here.

743
00:44:34,547 --> 00:44:35,913
Lois, can I get a...

744
00:44:37,717 --> 00:44:38,798
(DOOR CLOSES)

745
00:44:43,848 --> 00:44:44,929
(GRUNTS)

746
00:44:45,766 --> 00:44:46,847
How's Marty?

747
00:44:49,061 --> 00:44:50,142
He's fine.

748
00:44:51,022 --> 00:44:54,186
Still protecting the rich against
the predations of the poor?

749
00:44:56,736 --> 00:44:58,352
If we're gonna appeal,

750
00:44:58,613 --> 00:45:01,697
the court needs to agree there's
a constitutional handle in here.

751
00:45:01,782 --> 00:45:04,195
How did you even convince this
guy to let you represent him?

752
00:45:04,285 --> 00:45:05,776
I... I'll take care of that.

753
00:45:05,953 --> 00:45:07,073
- He doesn't know?
- Alone...

754
00:45:07,163 --> 00:45:08,404
- Are you kidding me?
- Alone,

755
00:45:08,497 --> 00:45:10,454
the judges may not
give Marty and I

756
00:45:10,541 --> 00:45:11,768
- the benefit of the doubt.
- Oh.

757
00:45:11,792 --> 00:45:14,580
But with your name
alongside ours on the brief...

758
00:45:15,338 --> 00:45:16,419
Yeah.

759
00:45:17,256 --> 00:45:21,250
Mel, you must see the opportunity
this case represents.

760
00:45:21,844 --> 00:45:23,280
You think the judges
are gonna be sympathetic

761
00:45:23,304 --> 00:45:24,704
just 'cause they
all have prostates?

762
00:45:25,389 --> 00:45:27,201
Men and women all eat
at the same lunch counters,

763
00:45:27,225 --> 00:45:29,203
they drink at the same water fountains,
they go to the same schools...

764
00:45:29,227 --> 00:45:31,330
- Women can't attend Dartmouth.
- Men can't go to Smith.

765
00:45:31,354 --> 00:45:34,847
Women police officers can't
patrol New York City streets.

766
00:45:35,191 --> 00:45:36,272
We have to get...

767
00:45:39,195 --> 00:45:42,404
We have to get credit cards
in our husband's names.

768
00:45:42,490 --> 00:45:43,981
You're not a minority.

769
00:45:44,116 --> 00:45:46,153
You're 51% of the population!

770
00:45:46,577 --> 00:45:48,785
It's been tried.
Muller, Goesaert, uh...

771
00:45:48,871 --> 00:45:51,266
What's the other one?
The one with the woman with the baseball bat.

772
00:45:51,290 --> 00:45:53,202
- Gwendolyn Hoyt.
- Gwendolyn Hoyt, exactly.

773
00:45:53,292 --> 00:45:55,579
- And morally, they were right.
- Yet they lost.

774
00:45:56,671 --> 00:45:59,459
Ruth, morality
does not win the day.

775
00:45:59,548 --> 00:46:00,709
Look around you.

776
00:46:01,175 --> 00:46:03,667
Dorothy Kenyon
could not get women equality

777
00:46:03,761 --> 00:46:06,720
by arguing a case with sex, murder
and prison time on the line.

778
00:46:06,889 --> 00:46:10,178
You and Marty think you're gonna
do it with this guy and his taxes?

779
00:46:10,977 --> 00:46:12,969
- (SIRENS BLARING)
- (HORNS HONKING)

780
00:46:14,272 --> 00:46:15,683
(INDISTINCT CHATTER)

781
00:46:48,472 --> 00:46:49,804
Operator.

782
00:46:50,808 --> 00:46:52,640
I... I need a number.

783
00:46:54,020 --> 00:46:56,057
Denver, Colorado.

784
00:46:56,939 --> 00:46:58,375
MARTIN: <i>Come on,
you're gonna miss your flight!</i>

785
00:46:58,399 --> 00:47:00,719
Now, you have to get James
from school while I'm in Denver.

786
00:47:00,776 --> 00:47:01,776
Mom, I told you,

787
00:47:01,861 --> 00:47:04,194
Denise and I are starting
our consciousness raising group.

788
00:47:04,280 --> 00:47:05,737
- Take James with you.
- (WHISTLES)

789
00:47:07,283 --> 00:47:09,320
- You'll be all right?
- Yeah.

790
00:47:09,577 --> 00:47:11,068
We'll survive somehow.

791
00:47:11,787 --> 00:47:13,323
Bye. Bye.

792
00:47:14,707 --> 00:47:15,868
Go kick ass.

793
00:47:16,042 --> 00:47:17,158
MARTIN:
Meter's running.

794
00:47:18,169 --> 00:47:19,330
JANE: Bye, Mom.

795
00:47:20,129 --> 00:47:21,995
Bye.
JAMES: Bye, Mom.

796
00:47:39,148 --> 00:47:40,184
Thank you.

797
00:47:50,201 --> 00:47:52,238
(DOORBELL RINGS)

798
00:47:53,704 --> 00:47:57,163
- Mr. Moritz.
- Mrs. Ginsburg. You're early.

799
00:47:59,460 --> 00:48:01,873
I can come back
in 10 minutes if you prefer.

800
00:48:01,962 --> 00:48:03,043
No, you might...

801
00:48:03,798 --> 00:48:05,915
Might as well come in now
and have your say.

802
00:48:07,843 --> 00:48:09,004
Shoes off, please.

803
00:48:11,972 --> 00:48:13,008
Just come on in.

804
00:48:13,766 --> 00:48:14,847
Excuse me.

805
00:48:16,685 --> 00:48:19,519
You done, Mom?
MRS. MORITZ: No. Not yet.

806
00:48:19,605 --> 00:48:20,812
(INDISTINCT CONVERSATION)

807
00:48:20,898 --> 00:48:22,751
I'm done, thank you.
CHARLES: You want your crossword?

808
00:48:22,775 --> 00:48:24,294
MRS. MORITZ: Yeah, please.
CHARLES: Okay.

809
00:48:24,318 --> 00:48:26,150
(TV PLAYING INDISTINCTLY)

810
00:48:27,279 --> 00:48:28,315
Here you go.

811
00:48:30,574 --> 00:48:32,236
- Mom...
- Uh-huh?

812
00:48:32,326 --> 00:48:33,487
This is Mrs. Ginsburg.

813
00:48:33,577 --> 00:48:35,614
She's the New York lawyer
I told you about.

814
00:48:35,704 --> 00:48:37,696
Mrs. Moritz, hello.

815
00:48:37,790 --> 00:48:39,702
I thought she would be bigger.

816
00:48:43,337 --> 00:48:44,498
You can have a seat.

817
00:48:45,506 --> 00:48:46,506
Here you go.

818
00:48:46,590 --> 00:48:48,350
- Do you want your magnifier?
- Yeah, please.

819
00:48:48,426 --> 00:48:50,292
CHARLES: Okay.
Here you go. All right?

820
00:48:51,220 --> 00:48:52,780
You want a drink?
MRS. MORITZ: Uh-huh.

821
00:48:57,226 --> 00:49:00,594
I see you were a drum major.
I was a twirler.

822
00:49:01,105 --> 00:49:02,516
It was a thousand years ago.

823
00:49:08,612 --> 00:49:11,946
- Mr. Moritz, about your case...
- I don't have a case.

824
00:49:13,117 --> 00:49:15,029
Four lawyers told me so.

825
00:49:15,870 --> 00:49:17,736
And that judge, Tietjens,

826
00:49:18,414 --> 00:49:21,122
- he basically called me a tax cheat.
- Are you?

827
00:49:22,835 --> 00:49:25,293
I never cheated
at anything in my life.

828
00:49:25,379 --> 00:49:27,211
Tasmanian egg layer.

829
00:49:27,298 --> 00:49:28,334
Eight letters.

830
00:49:28,591 --> 00:49:29,877
Not now, Mom.

831
00:49:32,344 --> 00:49:36,463
Tell me in your own words,
why did you hire a nurse?

832
00:49:37,057 --> 00:49:39,094
If you've never cared
for an ailing parent...

833
00:49:39,185 --> 00:49:40,185
I have.

834
00:49:41,312 --> 00:49:42,393
Then you know.

835
00:49:42,480 --> 00:49:44,847
Between the dressing
and the bathing and the toilet,

836
00:49:45,566 --> 00:49:49,150
it's not a task for one person,
especially if you have a day job.

837
00:49:49,236 --> 00:49:52,604
If it wasn't for Cleeta,
I'd have to put Mom in a home.

838
00:49:52,698 --> 00:49:55,315
So you deducted Cleeta's
salary on your taxes.

839
00:49:55,409 --> 00:49:57,947
The judge said
the tax code was clear.

840
00:49:58,454 --> 00:50:00,912
Caretaker's deduction was
available to all women,

841
00:50:00,998 --> 00:50:04,787
but only to men who had wives
who were incapacitated

842
00:50:04,877 --> 00:50:06,789
or dead or were divorced.

843
00:50:06,921 --> 00:50:08,708
- And you've never been married.
- No.

844
00:50:08,797 --> 00:50:11,790
The men who wrote that law
couldn't even fathom that a bachelor

845
00:50:12,426 --> 00:50:15,043
choosing to take care
of a parent at home might exist.

846
00:50:15,137 --> 00:50:18,926
Tasmanian egg layer,
second letter "L."

847
00:50:19,058 --> 00:50:22,051
- Mom, I'll help you in a little bit.
- How about "platypus"?

848
00:50:24,939 --> 00:50:25,975
Ah!

849
00:50:30,069 --> 00:50:32,026
I'm a salesman,
Mrs. Ginsburg.

850
00:50:33,405 --> 00:50:35,317
And I know
when I'm being sold.

851
00:50:38,202 --> 00:50:39,568
With due respect,

852
00:50:40,454 --> 00:50:44,243
you have $296 at issue.
I'm not here for the money.

853
00:50:45,167 --> 00:50:48,626
We'd represent your appeal
pro bono, if you'll let us.

854
00:50:48,712 --> 00:50:51,079
So, the judge was wrong?

855
00:50:51,173 --> 00:50:55,463
Mr. Moritz,
the law is wrong.

856
00:51:00,766 --> 00:51:02,177
Thank you. I was hungry.

857
00:51:05,229 --> 00:51:06,845
If it's not for the money,

858
00:51:08,399 --> 00:51:09,560
why are you here?

859
00:51:14,113 --> 00:51:16,981
The 14th Amendment to the
United States Constitution says

860
00:51:17,074 --> 00:51:19,612
all people must be treated
equally under the law.

861
00:51:20,369 --> 00:51:23,157
Yet there are I don't know
how many laws

862
00:51:23,247 --> 00:51:26,115
like the caregiver deduction
that say in effect,

863
00:51:26,208 --> 00:51:29,872
women stay home, men go to work,
and that it should stay that way forever.

864
00:51:30,796 --> 00:51:32,537
I want to convince
the federal courts

865
00:51:32,631 --> 00:51:36,341
that those laws
are unconstitutional.

866
00:51:36,760 --> 00:51:37,876
How do you do that?

867
00:51:39,972 --> 00:51:43,340
One case at a time,
starting with yours.

868
00:51:44,476 --> 00:51:45,762
So I'm a guinea pig?

869
00:51:47,354 --> 00:51:48,390
No, sir.

870
00:51:50,065 --> 00:51:52,728
You're the man marching out
ahead of the band leading the way.

871
00:51:52,818 --> 00:51:54,059
(CHUCKLES SOFTLY)

872
00:51:54,153 --> 00:51:56,566
Just like that drum major
you used to be.

873
00:51:58,407 --> 00:52:02,321
TOM: I've invested a lot of my own
reputation building up your career

874
00:52:02,411 --> 00:52:03,743
and now you're
on track to be

875
00:52:03,829 --> 00:52:06,537
the youngest partner
in the history of the firm.

876
00:52:06,624 --> 00:52:10,038
And you want to risk that
for some cockamamie case?

877
00:52:10,628 --> 00:52:15,339
Tom, I'm contractually obligated to ask
to take outside work, and I'm asking.

878
00:52:15,424 --> 00:52:18,212
For God's sakes, you're
traipsing into this for what?

879
00:52:18,552 --> 00:52:20,509
So your wife can feel
like a real lawyer?

880
00:52:21,555 --> 00:52:23,547
She is a real lawyer, Tom.

881
00:52:23,641 --> 00:52:25,849
You wanna support Ruth,
tell her the truth.

882
00:52:26,101 --> 00:52:28,184
- Which is?
- The case is unwinnable.

883
00:52:28,771 --> 00:52:30,854
Congress can write
whatever taxes it wants,

884
00:52:30,939 --> 00:52:33,022
that's not open to
constitutional attack.

885
00:52:33,108 --> 00:52:34,474
Yes, but maybe
you just say that

886
00:52:34,568 --> 00:52:36,768
because no one's been able
to successfully do it before.

887
00:52:37,321 --> 00:52:38,321
Oh, Marty.

888
00:52:39,448 --> 00:52:40,984
Fine. Try it, but...

889
00:52:41,950 --> 00:52:45,034
When you lose
and you embarrass our firm,

890
00:52:45,120 --> 00:52:47,515
just be ready for your career
to come crashing back to earth.

891
00:52:47,539 --> 00:52:49,371
Okay. Noted. Noted.
And thank you, Tom.

892
00:52:49,500 --> 00:52:51,583
- Thank you. Thank you.
- Yeah, yeah, yeah.

893
00:52:51,669 --> 00:52:55,288
No! Murder can never be condoned,
least of all by a lawyer.

894
00:52:55,381 --> 00:52:56,622
JANE:
It's called justice.

895
00:52:56,715 --> 00:52:59,628
Yeah, what's just to you may not be
just to me or to someone else.

896
00:52:59,718 --> 00:53:01,988
You know what I'm talking about.
MARTIN: Hello, family unit.

897
00:53:02,012 --> 00:53:05,756
And would it kill you to admit that maybe
I actually did something right?

898
00:53:05,849 --> 00:53:07,556
This is an A paper.

899
00:53:07,643 --> 00:53:09,885
RUTH: Yeah, of course it is.
You're a beautiful writer.

900
00:53:09,978 --> 00:53:11,185
It just needs more work.

901
00:53:11,855 --> 00:53:15,064
Please tell me you aren't going 15 rounds
over <i>To Kill a Mockingbird.</i>

902
00:53:15,150 --> 00:53:18,518
Daddy, can you please tell Mom
that Atticus Finch can be a role model.

903
00:53:18,612 --> 00:53:21,320
He covers up Bob Ewell's murder.
He is a terrible lawyer.

904
00:53:21,407 --> 00:53:23,569
- Why? 'Cause you say so?
- No. Not me.

905
00:53:23,659 --> 00:53:25,992
Canon one of
the American Bar Association's

906
00:53:26,078 --> 00:53:27,614
Model Code of Responsibility.

907
00:53:27,705 --> 00:53:28,991
What are you
talking about?

908
00:53:29,081 --> 00:53:30,947
It's called legal ethics.

909
00:53:31,291 --> 00:53:34,125
Well, you'd do exactly the same
thing if you actually had a heart.

910
00:53:38,549 --> 00:53:39,630
(DOOR CLOSES)

911
00:53:40,718 --> 00:53:42,478
I don't know where
she gets her stubbornness.

912
00:53:42,970 --> 00:53:44,177
Can't imagine.

913
00:53:45,931 --> 00:53:47,012
So, how was your day?

914
00:53:54,106 --> 00:53:58,020
"History discloses that woman has
always been dependent upon man.

915
00:53:58,694 --> 00:54:01,528
"Like children,
she needs special care.

916
00:54:01,613 --> 00:54:03,775
"This justifies a difference
in legislation."

917
00:54:03,866 --> 00:54:05,573
<i>Muller v. Oregon.</i>
The law of the land.

918
00:54:05,993 --> 00:54:08,030
Or <i>Bradwell v. Illinois.</i>

919
00:54:09,121 --> 00:54:12,990
"The destiny of a woman is the
benign offices of wife and mother.

920
00:54:13,333 --> 00:54:14,824
"This is the law
of the Creator."

921
00:54:15,586 --> 00:54:18,329
I'm writing this brief
and citing the same cases

922
00:54:18,422 --> 00:54:22,132
with the exact same precedents
as everyone before us.

923
00:54:22,968 --> 00:54:25,676
Marty, if this is what we go in with,
we're gonna lose.

924
00:54:25,929 --> 00:54:27,761
(LOUD MUSIC PLAYING
OVER SPEAKERS)

925
00:54:28,390 --> 00:54:29,990
Wait, wait, wait, wait.
Wait, wait, wait.

926
00:54:30,017 --> 00:54:31,349
I got it. I got it.

927
00:54:32,603 --> 00:54:34,720
At least she's not listening
to The Monkees.

928
00:54:37,149 --> 00:54:38,560
(MUSIC BLARING)

929
00:54:39,276 --> 00:54:40,858
(KNOCKING ON DOOR)
JANE: I'm busy.

930
00:54:49,161 --> 00:54:50,242
(MUSIC STOPS)

931
00:54:53,207 --> 00:54:54,414
(SIGHS)

932
00:54:57,669 --> 00:54:58,750
(SNIFFLES)

933
00:55:01,089 --> 00:55:02,830
Come here.
Come here.

934
00:55:07,137 --> 00:55:08,344
(JANE SOBBING)

935
00:55:12,226 --> 00:55:13,433
I'm fine.

936
00:55:14,520 --> 00:55:15,727
(SNIFFLES)

937
00:55:15,813 --> 00:55:17,349
I can be
as tough as she is.

938
00:55:18,774 --> 00:55:19,981
She's a bully.

939
00:55:21,443 --> 00:55:24,060
And she needs everyone
to know how smart she is.

940
00:55:26,949 --> 00:55:29,282
Do you want Mom
to stop being smart?

941
00:55:30,536 --> 00:55:33,825
I want her to stop rubbing it in
everyone's face all the time.

942
00:55:40,754 --> 00:55:44,873
Grandma Celia died
when Mom was about your age.

943
00:55:46,134 --> 00:55:47,921
But up until her dying breath,

944
00:55:48,428 --> 00:55:52,138
they would read together,
debate ideas together.

945
00:55:53,851 --> 00:55:57,390
And she taught your mom
to question everything.

946
00:55:58,522 --> 00:56:01,139
She's not trying
to bully you, Jane.

947
00:56:01,483 --> 00:56:03,975
She just doesn't want you
to feel small.

948
00:56:05,028 --> 00:56:09,193
She wants to give you
what her mom taught her.

949
00:56:11,535 --> 00:56:12,821
That's how she

950
00:56:14,621 --> 00:56:15,953
shows her heart.

951
00:56:16,832 --> 00:56:17,913
Hmm?

952
00:56:23,005 --> 00:56:24,997
(TYPEWRITER CLACKING)

953
00:56:37,436 --> 00:56:38,517
Is she okay?

954
00:56:40,105 --> 00:56:41,141
She'll be fine.

955
00:56:52,492 --> 00:56:55,485
This is stupid. You're the one who said
I'm supposed to be in school.

956
00:56:55,829 --> 00:56:58,162
If you're gonna write about
great American lawyers,

957
00:56:58,248 --> 00:56:59,489
you may as well meet one.

958
00:57:10,761 --> 00:57:12,502
(KEYS JINGLING)

959
00:57:14,181 --> 00:57:15,467
You ladies look lost.

960
00:57:18,560 --> 00:57:19,676
Well, spit it out.

961
00:57:20,687 --> 00:57:22,849
Miss Kenyon,
we're here to see you.

962
00:57:23,607 --> 00:57:24,893
I tried to make
an appointment...

963
00:57:24,983 --> 00:57:26,975
Well, here I am.
I don't have all day.

964
00:57:27,903 --> 00:57:30,190
It's about Gwendolyn Hoyt.

965
00:57:30,989 --> 00:57:32,446
In that case,
I've no interest

966
00:57:32,532 --> 00:57:33,772
in talking to either
one of you.

967
00:57:33,825 --> 00:57:35,691
I'm arguing a case.

968
00:57:35,786 --> 00:57:38,494
Sex discrimination violates the
equal protection principle.

969
00:57:38,580 --> 00:57:42,119
Equal protection was coined to
grant equality to the negro.

970
00:57:42,334 --> 00:57:44,792
A task at which it has
dismally failed.

971
00:57:44,878 --> 00:57:46,870
What makes you think
women would fare any better?

972
00:57:46,964 --> 00:57:48,125
Please, if we could
just talk.

973
00:57:48,215 --> 00:57:50,673
You wanna know
how I blew it. Is that it?

974
00:57:51,051 --> 00:57:52,337
What I'd do differently?

975
00:57:52,594 --> 00:57:54,586
Why? You think you can
change the country?

976
00:57:55,472 --> 00:57:57,088
You should look
to her generation.

977
00:57:57,391 --> 00:57:58,723
They're taking
to the streets.

978
00:57:58,809 --> 00:58:02,098
Demanding change. Like we did
when we fought for the vote.

979
00:58:02,437 --> 00:58:04,349
Our mistake was thinking
we had won.

980
00:58:04,856 --> 00:58:06,313
We started asking please,

981
00:58:06,817 --> 00:58:10,231
as if civil rights were sweets
to be handed out by judges.

982
00:58:10,320 --> 00:58:11,606
Protests are important.

983
00:58:11,697 --> 00:58:14,735
But changing the culture means
nothing if the law doesn't change.

984
00:58:15,409 --> 00:58:17,196
As a lawyer, you must
believe that.

985
00:58:18,036 --> 00:58:19,072
Let me guess.

986
00:58:20,414 --> 00:58:22,121
You're a professor,
aren't you?

987
00:58:22,833 --> 00:58:23,949
(CHUCKLING) Yeah.

988
00:58:24,042 --> 00:58:26,034
Ton of knowledge
and no smarts.

989
00:58:26,128 --> 00:58:28,415
- Mom, we should go.
- You want advice?

990
00:58:28,630 --> 00:58:29,791
Here it is.

991
00:58:29,881 --> 00:58:32,749
Tell your client she won't
find equality in a courtroom.

992
00:58:32,843 --> 00:58:35,256
My client's name
is Charles Moritz.

993
00:58:35,429 --> 00:58:36,510
That's cute.

994
00:58:37,055 --> 00:58:40,423
He hired a nurse to
take care of his mother, but

995
00:58:41,059 --> 00:58:43,893
he was denied a caregiver
deduction on his taxes.

996
00:58:44,521 --> 00:58:45,853
He's never been married.

997
00:58:46,898 --> 00:58:49,857
You found a bachelor taking
care of his mother at home.

998
00:58:53,238 --> 00:58:54,854
The judges will be
repulsed by him.

999
00:58:55,657 --> 00:58:57,319
Feeling anything is a start.

1000
00:58:59,995 --> 00:59:01,486
What did you say
your name was?

1001
00:59:02,539 --> 00:59:04,246
Ruth Bader Ginsburg.

1002
00:59:06,001 --> 00:59:09,119
Well, sorry,
Professor Ginsburg.

1003
00:59:09,921 --> 00:59:11,503
Maybe someday.

1004
00:59:11,590 --> 00:59:13,126
But the country isn't ready.

1005
00:59:14,134 --> 00:59:16,421
Change minds first,

1006
00:59:16,511 --> 00:59:17,752
then change the law.

1007
00:59:18,930 --> 00:59:22,014
If you'll excuse me, the mayor has
decided to rename the neighborhood.

1008
00:59:22,100 --> 00:59:25,093
So now a developer is kicking
30 families out of a building

1009
00:59:25,187 --> 00:59:27,053
he abandoned 10 years ago.

1010
00:59:28,356 --> 00:59:31,394
SoHo. Who ever heard
of such a ridiculous thing.

1011
00:59:31,485 --> 00:59:33,192
(THUNDER RUMBLING)

1012
00:59:33,278 --> 00:59:36,567
JANE: I know she's your personal hero
and all, but she's kind of a bitch.

1013
00:59:36,656 --> 00:59:38,272
RUTH: No, she's formidable.

1014
00:59:38,366 --> 00:59:40,483
Dorothy Kenyon has been
fighting for women's rights

1015
00:59:40,577 --> 00:59:43,820
and civil rights and labor rights
her entire career.

1016
00:59:44,122 --> 00:59:47,957
She didn't always win, but she made
damn sure she was taken seriously.

1017
00:59:48,085 --> 00:59:51,005
- She didn't help you. What are you going to do now?
- (MAN WOLF WHISTLES)

1018
00:59:51,046 --> 00:59:53,834
It's the right cause.
It's the right client.

1019
00:59:54,466 --> 00:59:57,254
But women have been losing this
same argument for over a century.

1020
00:59:58,553 --> 01:00:02,092
Well, just because you lost
100 years before you started

1021
01:00:02,182 --> 01:00:03,764
is no reason
not to try to win.

1022
01:00:06,561 --> 01:00:08,177
Jane, that was very wise.

1023
01:00:09,898 --> 01:00:11,264
You know who said it first?

1024
01:00:13,568 --> 01:00:14,729
Atticus Finch.

1025
01:00:15,612 --> 01:00:17,820
(LOUD CLATTERING)

1026
01:00:20,158 --> 01:00:21,158
Quick!

1027
01:00:21,493 --> 01:00:22,859
(MAN WOLF WHISTLES)

1028
01:00:22,953 --> 01:00:24,694
Hey, looking good, ladies!

1029
01:00:24,830 --> 01:00:26,366
- (MAN LAUGHS)
- Just ignore them.

1030
01:00:26,748 --> 01:00:28,785
Hey, we'll keep you warm
if you're getting wet!

1031
01:00:30,127 --> 01:00:31,584
Oh, yeah? Real nice!

1032
01:00:32,170 --> 01:00:34,412
You kiss your mother
with that mouth, asshole?

1033
01:00:34,506 --> 01:00:35,997
Whoa, whoa!

1034
01:00:36,091 --> 01:00:38,128
Mom, you can't let boys
talk to you like that.

1035
01:00:38,969 --> 01:00:40,085
Taxi!

1036
01:00:46,101 --> 01:00:47,262
Mom, come on!

1037
01:00:47,811 --> 01:00:48,927
You're getting soaked.

1038
01:00:49,604 --> 01:00:50,720
Look at you, Jane.

1039
01:00:51,773 --> 01:00:55,016
You're a liberated,
fearless young woman.

1040
01:00:55,485 --> 01:00:57,805
Twenty years ago, you couldn't
have been who you are today.

1041
01:00:58,488 --> 01:01:00,150
Dorothy Kenyon's wrong.

1042
01:01:00,991 --> 01:01:03,074
- The times have already changed.
- (HORN HONKS)

1043
01:01:03,160 --> 01:01:05,400
- DRIVER: You coming or what?
- Yeah, yeah, we're coming.

1044
01:01:08,081 --> 01:01:10,001
RUTH: <i>It's what
Professor Freund said at Harvard.</i>

1045
01:01:10,542 --> 01:01:13,455
"A court ought not be affected
by the weather of the day,

1046
01:01:13,545 --> 01:01:15,377
"but will be by
the climate of the era."

1047
01:01:15,839 --> 01:01:18,377
Okay, so we're not going back
and re-fighting old cases?

1048
01:01:18,466 --> 01:01:21,959
No, we're arguing that the
precedents should no longer apply.

1049
01:01:22,220 --> 01:01:24,907
Right. But Ruth, Freund was talking
about <i>Brown v. the Board of Education.</i>

1050
01:01:24,931 --> 01:01:26,342
That's a once
in a generation case.

1051
01:01:26,433 --> 01:01:27,924
Yeah, and we're
the next generation.

1052
01:01:38,320 --> 01:01:40,687
RUTH: Equal protection
applies to all persons.

1053
01:01:40,780 --> 01:01:43,648
A class in which men and women
share full membership.

1054
01:01:43,742 --> 01:01:46,450
A divorced man counts
the same as a widower.

1055
01:01:46,536 --> 01:01:48,869
You're saying that this guy
could have married his nurse,

1056
01:01:48,955 --> 01:01:50,162
got divorced the next day,

1057
01:01:50,248 --> 01:01:52,101
and then he'd be eligible
for the tax deduction?

1058
01:01:52,125 --> 01:01:53,332
That's totally nuts.

1059
01:01:53,627 --> 01:01:57,120
All right. Our client is a man.
We cannot lose sight of that,

1060
01:01:57,214 --> 01:02:00,423
because men are also harmed
by the stereotype.

1061
01:02:00,508 --> 01:02:03,000
That little boys are told
they can't be nurses.

1062
01:02:03,094 --> 01:02:04,255
They can't be teachers.

1063
01:02:04,346 --> 01:02:06,906
- They can't be secretaries.
- Or cook dinner for their families.

1064
01:02:07,182 --> 01:02:09,048
Exactly. We're counting
on you, too.

1065
01:02:09,142 --> 01:02:13,762
Wholly irrational distinction
between single sons and daughters.

1066
01:02:14,231 --> 01:02:15,231
(TYPEWRITER DINGS)

1067
01:02:15,315 --> 01:02:17,432
RUTH: <i>Any taxpayer
may have an invalid parent...</i>

1068
01:02:17,525 --> 01:02:19,587
MARTIN:...<i>may have an ailing parent.
Even an unmarried man.</i>

1069
01:02:19,611 --> 01:02:22,024
RUTH:...<i>unalterable
biological traits of birth</i>

1070
01:02:22,113 --> 01:02:23,174
<i>over which the
individual has no...</i>

1071
01:02:23,198 --> 01:02:24,759
MARTIN: <i>The principle
of American democracy</i>

1072
01:02:24,783 --> 01:02:26,052
<i>should apply to
men and women equally.</i>

1073
01:02:26,076 --> 01:02:29,820
RUTH:...<i>arbitrary and unequal treatment
described by the Constitution.</i>

1074
01:02:29,913 --> 01:02:32,633
MARTIN: <i>The law shouldn't reward
or penalize taxpayers for their sex.</i>

1075
01:02:44,886 --> 01:02:49,677
Section 214 draws a line
solely on the basis of sex.

1076
01:02:52,811 --> 01:02:54,018
(DINGS)

1077
01:03:02,779 --> 01:03:05,692
Professor Ginsburg,
I finished typing the brief.

1078
01:03:05,782 --> 01:03:07,023
(GASPS)

1079
01:03:07,117 --> 01:03:08,904
You're a saint, Millicent.

1080
01:03:10,787 --> 01:03:12,369
May I make
an observation?

1081
01:03:13,415 --> 01:03:14,415
It's just...

1082
01:03:15,208 --> 01:03:19,043
When I was typing it up,
jumping out all over the brief was...

1083
01:03:19,879 --> 01:03:20,915
Well...

1084
01:03:21,798 --> 01:03:22,834
"Sex."

1085
01:03:23,258 --> 01:03:26,217
- Sex, sex, sex, sex, sex, sex, sex.
- Oh! (LAUGHS)

1086
01:03:26,636 --> 01:03:29,549
- Oh.
- It reeks of hormones and backseats.

1087
01:03:29,639 --> 01:03:31,801
And you know how men are.

1088
01:03:33,768 --> 01:03:35,680
Maybe you should try
a less distracting word.

1089
01:03:36,521 --> 01:03:38,763
Maybe "gender."

1090
01:03:42,444 --> 01:03:44,686
- You realize that means...
- That's no problem.

1091
01:03:45,280 --> 01:03:46,737
I'm happy to type it again.

1092
01:03:47,699 --> 01:03:48,735
Thanks.

1093
01:03:49,951 --> 01:03:51,533
MEL: <i>Guessing doesn't
do us any good.</i>

1094
01:03:51,619 --> 01:03:54,099
I need to know how many people were
turned away from the polls.

1095
01:03:54,164 --> 01:03:56,004
Yeah, the affiliate still
hasn't sent the list.

1096
01:03:56,666 --> 01:04:00,205
Then call Brian Tanner.
Remind him that we're on the same team.

1097
01:04:00,295 --> 01:04:01,772
Tell him if he doesn't
start acting like it,

1098
01:04:01,796 --> 01:04:04,436
I'm gonna fly to Wisconsin and
personally rip his throat out myself.

1099
01:04:06,051 --> 01:04:09,840
Melvin. Didn't your mother ever
teach you to clean your room?

1100
01:04:12,390 --> 01:04:13,426
Miss Kenyon.

1101
01:04:15,185 --> 01:04:17,142
Time for your annual
dusting off already?

1102
01:04:17,228 --> 01:04:18,435
(BOTH CHUCKLE)

1103
01:04:19,522 --> 01:04:23,232
In 1776, Abigail Adams
wrote her husband a letter.

1104
01:04:24,027 --> 01:04:26,861
"As you write this new
constitution," she said,

1105
01:04:27,405 --> 01:04:28,612
"remember the ladies."

1106
01:04:29,115 --> 01:04:31,027
You know what that bastard
went ahead and did?

1107
01:04:31,117 --> 01:04:32,153
Well, I can guess.

1108
01:04:40,377 --> 01:04:42,835
<i>Idaho Statesman.</i>
You need a hobby.

1109
01:04:43,671 --> 01:04:47,585
These poor people.
Sally and Cecil Reed. Divorced.

1110
01:04:48,093 --> 01:04:49,800
Their son committed suicide.

1111
01:04:49,886 --> 01:04:52,048
Both parents want to
administer his estate.

1112
01:04:52,764 --> 01:04:54,255
In Idaho, the law says

1113
01:04:54,349 --> 01:04:58,263
in this situation males must be
preferred to females.

1114
01:04:58,728 --> 01:05:01,846
Why? 'Cause men
are better at math.

1115
01:05:02,774 --> 01:05:04,766
And the Idaho Supreme Court

1116
01:05:04,859 --> 01:05:07,192
just said that
is perfectly legal.

1117
01:05:07,278 --> 01:05:10,396
Dorothy, I got student
protesters in jail in California.

1118
01:05:10,490 --> 01:05:12,927
I got schools in Mississippi
that still refuse to desegregate. I...

1119
01:05:12,951 --> 01:05:14,032
You're a sissy.

1120
01:05:14,411 --> 01:05:17,700
The Board threatened to can you because
you stood up for draft dodgers.

1121
01:05:17,789 --> 01:05:19,767
And you've had your tail
between your legs ever since.

1122
01:05:19,791 --> 01:05:20,872
(STAMMERS) That is not...

1123
01:05:22,168 --> 01:05:24,581
We don't have the resources
to take this on.

1124
01:05:24,671 --> 01:05:26,958
I've seen you stand up
to the might of government

1125
01:05:27,048 --> 01:05:29,882
with sling and stone
for what you know to be right.

1126
01:05:29,968 --> 01:05:31,584
And kid,
I loved you for it.

1127
01:05:32,303 --> 01:05:33,885
They're not gonna
fire you, Mel.

1128
01:05:34,264 --> 01:05:35,784
The Board's a bunch
of tired old fools.

1129
01:05:35,849 --> 01:05:37,465
They don't have
the nerve to do it.

1130
01:05:38,601 --> 01:05:40,593
(SIGHS) I should know.
I'm one of 'em.

1131
01:05:44,983 --> 01:05:47,066
John Adams forgot the ladies.

1132
01:05:48,278 --> 01:05:51,021
And it's time the ACLU
got back in the fight.

1133
01:05:54,325 --> 01:05:56,112
- Okay.
- Good.

1134
01:05:56,202 --> 01:05:57,568
Now, here's where you start.

1135
01:05:57,996 --> 01:05:59,953
It's a case headed
to the Tenth Circuit.

1136
01:06:00,039 --> 01:06:01,405
It's a professor
out of Rutgers.

1137
01:06:02,000 --> 01:06:03,161
Smart cookie.

1138
01:06:06,045 --> 01:06:07,581
(CHUCKLES SOFTLY) Ruth.

1139
01:06:08,381 --> 01:06:10,839
But nowhere does
the Constitution say

1140
01:06:10,925 --> 01:06:13,759
the federal government
must treat people equally.

1141
01:06:15,138 --> 01:06:17,926
What do the courts say
about that, Mrs. Parker?

1142
01:06:18,850 --> 01:06:21,308
That the due process
clause implies

1143
01:06:21,394 --> 01:06:24,011
that equal protection applies to
the federal government as well.

1144
01:06:24,355 --> 01:06:26,938
Can you cite the case?
MEL: <i>Bolling v. Sharpe.</i>

1145
01:06:28,276 --> 01:06:29,983
347 U.S. 497.

1146
01:06:30,653 --> 01:06:34,021
Decided in conjunction
with <i>Brown v. Board of Education,</i> 1954.

1147
01:06:34,491 --> 01:06:37,108
Bolling desegregated
all Washington, D.C.'s public schools.

1148
01:06:37,619 --> 01:06:40,077
Chief Justice Warren,
writing for the court.

1149
01:06:42,665 --> 01:06:44,201
How about it, teach?
Do I get an A?

1150
01:06:44,792 --> 01:06:46,203
(MEL CHUCKLES)

1151
01:06:48,129 --> 01:06:50,746
Well played, sending that
newspaper and the brief to Kenyon.

1152
01:06:52,592 --> 01:06:54,083
I thought she might
have advice.

1153
01:06:55,345 --> 01:06:57,428
Cut the shit. Don't ever
do that to me again.

1154
01:06:57,514 --> 01:06:58,714
What do you think
of the brief?

1155
01:07:00,683 --> 01:07:03,926
It's a compelling argument.
Brilliantly reasoned.

1156
01:07:04,103 --> 01:07:06,220
More women than
ever are working now. And why not?

1157
01:07:06,314 --> 01:07:08,852
We have preschools.
We have washing machines.

1158
01:07:08,942 --> 01:07:10,942
- Cheap contraceptives.
- Yeah, times have changed.

1159
01:07:11,528 --> 01:07:12,985
There's a glaring
problem, though.

1160
01:07:14,113 --> 01:07:16,355
In the unlikely event that
you actually win this thing,

1161
01:07:17,033 --> 01:07:18,240
what's the remedy?

1162
01:07:18,952 --> 01:07:21,444
The court takes away the caregiver
deduction for everybody,

1163
01:07:21,538 --> 01:07:22,904
including working mothers?

1164
01:07:22,997 --> 01:07:25,159
- Then you've done more harm than good.
- No.

1165
01:07:25,250 --> 01:07:26,957
Do you remember
Justice Harlan's opinion

1166
01:07:27,043 --> 01:07:29,285
last June in
<i>Welsh v. United States?</i>

1167
01:07:30,421 --> 01:07:31,421
Yeah.

1168
01:07:32,423 --> 01:07:34,068
He said laws could be
extended when doing so

1169
01:07:34,092 --> 01:07:36,737
would be closer to the legislature's
intent than overturning would be.

1170
01:07:36,761 --> 01:07:38,673
We're adding
one more section to the brief,

1171
01:07:39,430 --> 01:07:41,467
urging the court
to extend the law

1172
01:07:42,100 --> 01:07:44,717
to include Charlie
as well as everyone else.

1173
01:07:47,188 --> 01:07:48,269
All right.

1174
01:07:49,732 --> 01:07:52,224
The ACLU is prepared to
put their name on your brief.

1175
01:07:53,695 --> 01:07:55,778
- We appreciate your support.
- Stop.

1176
01:07:56,281 --> 01:07:58,842
I still say I'd rather be a woman
in this country than a black man,

1177
01:07:58,866 --> 01:08:02,109
or a Socialist
or a religious minority.

1178
01:08:03,788 --> 01:08:06,496
Now, let's talk about you
taking on <i>Reed v. Reed.</i>

1179
01:08:06,583 --> 01:08:07,915
Oh, stop. No.

1180
01:08:08,418 --> 01:08:11,286
All men in Idaho
are better at math?

1181
01:08:11,379 --> 01:08:13,792
Ruth, I gave you one case.
That's all you get.

1182
01:08:13,881 --> 01:08:17,045
The Moritz argument works just
as well for a female client.

1183
01:08:18,094 --> 01:08:20,381
And <i>Reed's</i> a state
Supreme Court case

1184
01:08:20,471 --> 01:08:23,464
which means the U.S. Supreme
Court must hear the appeal.

1185
01:08:23,558 --> 01:08:25,891
I told you, I don't want
another 50-year battle.

1186
01:08:27,186 --> 01:08:29,178
Call Sally Reed's lawyer, Mel.

1187
01:08:29,272 --> 01:08:31,764
If I were you, I would
worry about my own case.

1188
01:08:32,066 --> 01:08:35,087
And I expect to see your remedy arguments
before they go to the Tenth Circuit.

1189
01:08:35,111 --> 01:08:37,569
And I want to be there when you
practice your oral arguments.

1190
01:08:38,740 --> 01:08:39,981
We're doing a moot court.

1191
01:08:41,200 --> 01:08:43,613
No. It's non-negotiable.

1192
01:08:45,163 --> 01:08:46,199
When?

1193
01:08:47,040 --> 01:08:48,960
As soon as we get the
government's response brief.

1194
01:08:51,169 --> 01:08:53,089
BOZARTH: Where did these
people go to law school?

1195
01:08:54,672 --> 01:08:57,460
You can't make a constitutional
challenge to the tax laws, can you?

1196
01:08:57,925 --> 01:09:00,042
And who's ever heard of
gender discrimination?

1197
01:09:00,136 --> 01:09:01,136
It's a stretch.

1198
01:09:01,220 --> 01:09:03,340
These folks are running at
hell with a bucket of water.

1199
01:09:03,431 --> 01:09:05,013
Case law's filled
with challenges

1200
01:09:05,099 --> 01:09:06,260
that could not be made

1201
01:09:06,976 --> 01:09:08,183
till they were.

1202
01:09:08,978 --> 01:09:11,140
I'm putting Murphy
on writing our response brief.

1203
01:09:11,230 --> 01:09:14,268
- With due respect, Mr. Brown...
- It's not personal, Bozarth.

1204
01:09:14,359 --> 01:09:17,443
But if we're not careful,
this appeal could cast

1205
01:09:18,029 --> 01:09:20,863
a cloud of unconstitutionality
over every federal law

1206
01:09:20,948 --> 01:09:22,860
that differentiates
between men and women.

1207
01:09:23,910 --> 01:09:26,448
I need someone more
seasoned on this.

1208
01:09:28,039 --> 01:09:29,879
Could you get me
the Solicitor General, please?

1209
01:09:30,124 --> 01:09:32,241
I pulled the file.
I deserve the chance.

1210
01:09:32,502 --> 01:09:33,913
Murphy's a weak sister.

1211
01:09:34,629 --> 01:09:36,586
I know how to win
this case, sir.

1212
01:09:37,423 --> 01:09:39,005
Better than Murphy.
Better than anyone.

1213
01:09:40,218 --> 01:09:41,754
You need me on this appeal.

1214
01:09:42,470 --> 01:09:43,631
This is Brown.

1215
01:09:45,264 --> 01:09:46,380
I need to see him.

1216
01:09:50,019 --> 01:09:51,976
Okay. Tell me.

1217
01:09:53,022 --> 01:09:55,264
Gender equality
is a civil right?

1218
01:09:55,358 --> 01:09:58,146
When everyone's aggrieved
and everyone's a victim.

1219
01:09:58,236 --> 01:09:59,693
It's what the ACLU does.

1220
01:09:59,779 --> 01:10:03,113
Divide the country into smaller
and smaller subgroups.

1221
01:10:03,241 --> 01:10:06,154
Ginsburg. Cancer, right?
PROFESSOR BROWN: Mmm-hmm.

1222
01:10:06,244 --> 01:10:09,032
- And the wife, very demanding.
- But smart.

1223
01:10:10,206 --> 01:10:11,367
Ten years.

1224
01:10:12,083 --> 01:10:15,326
Ten years I fought to enroll
women at Harvard Law.

1225
01:10:16,796 --> 01:10:19,789
The faculty, the university,
my wife warned me against it.

1226
01:10:20,133 --> 01:10:23,217
Now I'm Solicitor General,
it comes back to haunt me.

1227
01:10:23,636 --> 01:10:25,798
PROFESSOR BROWN:
Erwin, we could settle.

1228
01:10:26,514 --> 01:10:28,847
Martin Ginsburg was
one of my best students.

1229
01:10:28,933 --> 01:10:30,049
A practical young man.

1230
01:10:30,143 --> 01:10:33,181
We can call him and tell him
we'll give the man his money.

1231
01:10:33,271 --> 01:10:34,352
Go our separate ways.

1232
01:10:34,439 --> 01:10:35,850
No. No.

1233
01:10:36,399 --> 01:10:38,391
We settle now,
it's open season.

1234
01:10:38,943 --> 01:10:42,983
Let's put this idea of gender discrimination
to bed once and for all.

1235
01:10:43,740 --> 01:10:45,356
They handed us
a winnable case.

1236
01:10:45,700 --> 01:10:46,816
And we'll win it.

1237
01:10:48,703 --> 01:10:49,864
You think he's up to it?

1238
01:10:50,496 --> 01:10:52,658
Oh, Mr. Bozarth
is a fine litigator.

1239
01:10:52,749 --> 01:10:55,457
- Tell him your idea.
- We list the laws.

1240
01:10:56,502 --> 01:10:58,243
- What laws?
- All of 'em.

1241
01:11:00,173 --> 01:11:02,460
Every federal law that treats
men and women differently.

1242
01:11:02,550 --> 01:11:03,666
We show the court exactly

1243
01:11:03,760 --> 01:11:05,680
what can of worms these
folks are trying to open.

1244
01:11:05,762 --> 01:11:06,798
(SCOFFS) Son...

1245
01:11:06,888 --> 01:11:11,508
The last anyone checked,
the U.S. Code was 20,000 pages long.

1246
01:11:11,601 --> 01:11:14,685
- Who's gonna read it? You?
- I can get it done, sir.

1247
01:11:15,772 --> 01:11:17,104
I just need an introduction.

1248
01:11:18,483 --> 01:11:20,600
- To whom?
- The Secretary of Defense.

1249
01:11:28,075 --> 01:11:30,067
(INDISTINCT ANNOUNCEMENT
ON PA)

1250
01:11:45,176 --> 01:11:47,776
PROFESSOR BROWN: These computers will
find what we're looking for?

1251
01:11:47,804 --> 01:11:49,796
Yes, sir.
In just a few days.

1252
01:11:50,223 --> 01:11:53,842
Without any human beings
actually reading the laws.

1253
01:11:57,688 --> 01:11:59,475
What a horrifying age.

1254
01:12:00,358 --> 01:12:01,769
(INDISTINCT CHATTER)

1255
01:12:02,985 --> 01:12:04,192
COURIER:
Ruth Bader Ginsburg?

1256
01:12:05,279 --> 01:12:06,895
Delivery from
the Department of Justice.

1257
01:12:07,740 --> 01:12:08,821
Oh.

1258
01:12:08,908 --> 01:12:10,774
JANE: Could someone
pass me Title 33?

1259
01:12:11,536 --> 01:12:12,536
ROEMER: Get this.

1260
01:12:12,620 --> 01:12:16,614
There's a law that we're not allowed
to fly military cargo planes.

1261
01:12:17,333 --> 01:12:19,620
It says here that we're not
allowed to work in mines.

1262
01:12:19,710 --> 01:12:21,042
Why would you want to?

1263
01:12:21,128 --> 01:12:23,165
Well, that's not the point.
We should be allowed.

1264
01:12:24,382 --> 01:12:26,294
You really think
you can change all those laws?

1265
01:12:26,551 --> 01:12:29,589
- MARTIN: Kiki! Curtain's up in 45 minutes.
- That's the plan.

1266
01:12:29,804 --> 01:12:32,604
Might be a novel experience to get
there before it starts for a change.

1267
01:12:33,182 --> 01:12:36,516
Please tell me that
you are dressed.

1268
01:12:37,311 --> 01:12:40,349
- Hi. What are you doing?
- The government's brief came.

1269
01:12:41,691 --> 01:12:44,308
And look who else is on it.

1270
01:12:47,738 --> 01:12:50,606
I knew Griswold was trying
to get Brown over to the DOJ.

1271
01:12:51,325 --> 01:12:52,611
It looks like that worked.

1272
01:12:52,785 --> 01:12:55,027
- How's it look?
- Check out Appendix E.

1273
01:12:56,330 --> 01:12:59,289
It's every federal law
that discriminates on the basis of sex.

1274
01:12:59,375 --> 01:13:02,209
We're looking them all up.
There must be hundreds.

1275
01:13:04,505 --> 01:13:05,962
Good God!

1276
01:13:06,048 --> 01:13:07,129
RUTH: Hmm.

1277
01:13:07,550 --> 01:13:10,088
PROFESSOR BROWN: You're convinced
Daugherty will see it our way?

1278
01:13:11,137 --> 01:13:14,130
Well, based on reading
all of his opinions, yes.

1279
01:13:14,223 --> 01:13:15,509
And so will Holloway.

1280
01:13:17,310 --> 01:13:20,303
But the final judge, Doyle...

1281
01:13:21,647 --> 01:13:23,559
Well, he's gonna be
a tougher nut to crack.

1282
01:13:23,649 --> 01:13:24,810
ERWIN: That's unacceptable.

1283
01:13:24,901 --> 01:13:27,985
We need a unanimous decision
out of the Tenth Circuit, James.

1284
01:13:28,070 --> 01:13:30,733
We don't want so-called
gender discrimination

1285
01:13:30,823 --> 01:13:32,564
finding its way
to the Supreme Court.

1286
01:13:32,658 --> 01:13:34,069
Yes, sir.
I understand that.

1287
01:13:34,160 --> 01:13:35,992
What makes this judge
so difficult?

1288
01:13:36,245 --> 01:13:38,658
Well, ma'am,
he's a civil rights crusader.

1289
01:13:39,165 --> 01:13:43,705
Two years ago, he ordered Denver to start
bussing black students to white schools.

1290
01:13:43,794 --> 01:13:47,458
There were protests, arson,
demands for him to quit the bench.

1291
01:13:47,548 --> 01:13:50,165
But even after someone
threw a bomb at his house,

1292
01:13:50,676 --> 01:13:51,883
Doyle wouldn't budge.

1293
01:13:51,969 --> 01:13:54,336
ERWIN: In that case,
he was enforcing the law.

1294
01:13:54,430 --> 01:13:57,218
The Ginsburgs are
asking him to make law.

1295
01:13:57,767 --> 01:13:59,679
We need to drive home
the difference.

1296
01:13:59,769 --> 01:14:03,854
Paint the judges a picture
of the America that will exist

1297
01:14:04,190 --> 01:14:05,726
if they rule the wrong way.

1298
01:14:05,816 --> 01:14:09,526
Children running home from
school to find no one's there.

1299
01:14:10,029 --> 01:14:11,486
Mommy's at the office

1300
01:14:11,572 --> 01:14:12,983
or on a factory floor.

1301
01:14:13,074 --> 01:14:16,909
A man and a woman vie for the same job,
she can work for less.

1302
01:14:17,912 --> 01:14:21,201
What is a man without a paycheck
to take care of his family?

1303
01:14:21,290 --> 01:14:22,935
PROFESSOR BROWN:
What woman would want him?

1304
01:14:22,959 --> 01:14:26,123
Wages would go down.
Divorce rates would soar.

1305
01:14:26,212 --> 01:14:29,171
The very fabric of our society
would begin to unravel.

1306
01:14:29,256 --> 01:14:31,122
Exactly. The other side
wants this to be

1307
01:14:31,217 --> 01:14:34,005
about the equal
protection principle.

1308
01:14:34,095 --> 01:14:36,257
The judges are deciding
what kind of country,

1309
01:14:36,347 --> 01:14:37,838
what kind of society

1310
01:14:37,932 --> 01:14:40,265
they want their children and
grandchildren to grow up in.

1311
01:14:40,351 --> 01:14:43,059
You make sure the court sees

1312
01:14:43,145 --> 01:14:44,511
what's at stake

1313
01:14:44,605 --> 01:14:46,597
is the American family.

1314
01:14:48,109 --> 01:14:49,941
JAMES: Whoa! Cool!

1315
01:14:51,570 --> 01:14:52,731
(DOORBELL RINGS)

1316
01:14:53,656 --> 01:14:55,898
Mom, can I be on the jury?

1317
01:14:55,992 --> 01:14:58,405
No, there is no jury
in federal appeals court.

1318
01:14:58,494 --> 01:15:01,783
No witnesses, no evidence,
just you and the judges.

1319
01:15:03,457 --> 01:15:04,914
- Gerry!
- Hello.

1320
01:15:05,001 --> 01:15:06,492
- Hello.
- (CHUCKLING) How are you?

1321
01:15:06,585 --> 01:15:08,497
- You remember Jane?
- Hi.

1322
01:15:08,587 --> 01:15:11,375
Jane, my old professor,
Gerald Gunther.

1323
01:15:11,465 --> 01:15:12,626
JANE: Come on in.

1324
01:15:13,718 --> 01:15:16,210
Look at you. All grown up!

1325
01:15:18,014 --> 01:15:20,256
- Hello, James.
- Hi.

1326
01:15:20,349 --> 01:15:22,136
What do you think
of our courtroom?

1327
01:15:22,476 --> 01:15:25,765
Ah, well, all that's missing
is Justice holding her scales.

1328
01:15:26,147 --> 01:15:29,811
So, who did Mel find
to be the third judge?

1329
01:15:29,900 --> 01:15:31,107
Pauli Murray.

1330
01:15:31,235 --> 01:15:33,714
- So he's not making it easy for you, huh?
- Who's Pauli Murray?

1331
01:15:33,738 --> 01:15:36,321
Thurgood Marshall himself
called Pauli's writings

1332
01:15:36,407 --> 01:15:38,364
the Bible of
the civil rights movement.

1333
01:15:38,451 --> 01:15:40,488
Gerry, I come
bearing your gavel.

1334
01:15:41,037 --> 01:15:42,244
(CHUCKLES)

1335
01:15:42,705 --> 01:15:44,162
(GAVEL TAPPING)

1336
01:15:45,332 --> 01:15:48,325
GERALD: Counsel for the appellant,
you may proceed.

1337
01:15:48,419 --> 01:15:49,500
(GAVEL TAPPING)

1338
01:15:49,587 --> 01:15:50,873
Again.

1339
01:15:51,630 --> 01:15:52,630
Your Honors,

1340
01:15:52,715 --> 01:15:53,956
and may it please
the court.

1341
01:15:54,341 --> 01:15:56,879
Section 214
of the Tax Code

1342
01:15:56,969 --> 01:16:00,212
covers employed single women
who care for their dependents.

1343
01:16:00,306 --> 01:16:05,222
But excludes Charles Moritz,
a bachelor providing the same care.

1344
01:16:05,311 --> 01:16:08,645
My wife stays home
to raise our children.

1345
01:16:08,773 --> 01:16:11,140
- Are you saying she's oppressed?
- No, Judge.

1346
01:16:11,275 --> 01:16:13,983
- But as a man, you may not...
- No, no, no. Stop. Stop. Stop.

1347
01:16:14,070 --> 01:16:15,436
Never make it about the judge.

1348
01:16:15,613 --> 01:16:18,151
(CHUCKLES) You don't think
the judge knows he's a man?

1349
01:16:18,240 --> 01:16:20,385
No. I don't want to put him
on the defensive about it, though.

1350
01:16:20,409 --> 01:16:22,321
In <i>Brown,</i> we put it out
there without apology.

1351
01:16:22,411 --> 01:16:23,947
This is wrong.

1352
01:16:24,038 --> 01:16:27,452
Yeah, no offense. But Ruth doesn't
exactly have Thurgood Marshall's, uh...

1353
01:16:29,668 --> 01:16:31,751
- Balls?
- Gravitas.

1354
01:16:32,088 --> 01:16:33,624
Should I...
Should I start again?

1355
01:16:33,714 --> 01:16:35,376
Unless you think you won
the case already.

1356
01:16:36,300 --> 01:16:38,070
- GERALD: Whenever you're ready.
- (CLEARS THROAT)

1357
01:16:38,094 --> 01:16:39,694
Your Honors,
and may it please the court.

1358
01:16:39,762 --> 01:16:41,424
Section 214 of the Tax Code

1359
01:16:41,597 --> 01:16:44,180
covers employed single women
who care for their dependents.

1360
01:16:44,266 --> 01:16:48,681
But excludes Charles Moritz,
a bachelor providing the same care.

1361
01:16:48,979 --> 01:16:51,642
There is no rational basis...

1362
01:16:51,732 --> 01:16:53,189
GERALD:
Why is it not rational?

1363
01:16:53,484 --> 01:16:55,942
Men go out. Women stay home.

1364
01:16:56,028 --> 01:16:58,028
It's been the way of things
for thousands of years.

1365
01:16:58,072 --> 01:17:00,155
Historical justification
was also used

1366
01:17:00,241 --> 01:17:03,279
to legitimize
the separation of the races.

1367
01:17:03,369 --> 01:17:05,281
- Now, classification can be...
- Are you saying

1368
01:17:05,371 --> 01:17:07,033
race and gender
are the same?

1369
01:17:09,500 --> 01:17:10,536
(STAMMERS)

1370
01:17:10,626 --> 01:17:15,246
Both are unalterable
biological traits.

1371
01:17:15,339 --> 01:17:19,583
This nation struggles to give
blacks fair representation throughout society.

1372
01:17:20,094 --> 01:17:23,963
And you're saying tha
if we decide in your client's favor,

1373
01:17:24,056 --> 01:17:27,174
we're committing ourselves
to moving towards half of our, I don't know,

1374
01:17:27,268 --> 01:17:30,887
firemen being women?
Half our nurses being men?

1375
01:17:30,980 --> 01:17:32,437
But why shouldn't men
be nurses?

1376
01:17:32,565 --> 01:17:35,273
- And if women want to fight fires...
- What about pilots?

1377
01:17:35,359 --> 01:17:36,691
Yeah, again, if women choose

1378
01:17:36,777 --> 01:17:38,234
- to take on these roles...
- Judges?

1379
01:17:38,320 --> 01:17:40,403
- Why not?
- CEOs? Generals?

1380
01:17:40,573 --> 01:17:42,384
What about garbage men?
You want to be a garbage man?

1381
01:17:42,408 --> 01:17:44,491
And if men
want to be teachers

1382
01:17:44,577 --> 01:17:45,971
- or raise children...
- Oh, come on.

1383
01:17:45,995 --> 01:17:47,281
Percentages aren't the point.

1384
01:17:47,371 --> 01:17:48,515
- Wrong.
- People should be able to

1385
01:17:48,539 --> 01:17:49,850
- pursue their passions.
- Wrong! Wrong!

1386
01:17:49,874 --> 01:17:50,955
You're screwing
it up, Ruth!

1387
01:17:51,041 --> 01:17:52,407
Have you read the appendix

1388
01:17:52,501 --> 01:17:54,104
- attached to their brief?
- You're making the wrong case!

1389
01:17:54,128 --> 01:17:57,292
These are laws written by men
who think we are privileged

1390
01:17:57,381 --> 01:18:00,624
to be excused from men's obligations,
but it is not a privilege.

1391
01:18:00,718 --> 01:18:03,836
It is a cage and these laws
are the bars!

1392
01:18:11,145 --> 01:18:12,556
So that's it?

1393
01:18:13,689 --> 01:18:15,976
You're gonna take them all on
at the same time?

1394
01:18:20,029 --> 01:18:21,645
(SIGHS)

1395
01:18:21,739 --> 01:18:23,025
You asked the questions.

1396
01:18:23,115 --> 01:18:25,435
Well, it doesn't mean you have
to fucking answer them, Ruth.

1397
01:18:26,202 --> 01:18:28,239
You're making the
government's case for them!

1398
01:18:28,329 --> 01:18:31,697
Look, you either make this case
about one man, or you lose!

1399
01:18:32,374 --> 01:18:34,769
Because to the judges, you're not
talking about women in the abstract.

1400
01:18:34,793 --> 01:18:37,786
You're talking about
their wives at home,

1401
01:18:37,880 --> 01:18:39,542
you know, baking briskets.

1402
01:18:39,632 --> 01:18:41,624
You braise a brisket.
You don't bake it.

1403
01:18:42,801 --> 01:18:44,838
- Perhaps that's enough, Mel.
- No!

1404
01:18:45,262 --> 01:18:47,049
I don't think it is, Gerry.

1405
01:18:49,058 --> 01:18:50,924
Look, when you were a kid,

1406
01:18:51,018 --> 01:18:53,510
you were pretty
and you were smart as a whip,

1407
01:18:53,604 --> 01:18:55,804
but you're coming across
as this bitter, unlikable shrew

1408
01:18:55,856 --> 01:18:56,976
that I don't even recognize.

1409
01:18:57,066 --> 01:18:59,649
And if that's who shows up
in Denver, you will blow it.

1410
01:19:00,027 --> 01:19:02,144
And would it kill you
to smile?

1411
01:19:03,447 --> 01:19:05,029
That's your advice?

1412
01:19:06,158 --> 01:19:09,026
Just ignore the judges
and smile.

1413
01:19:10,412 --> 01:19:12,199
Pâté's the best
I've ever tasted.

1414
01:19:15,251 --> 01:19:16,617
You could evade.

1415
01:19:16,710 --> 01:19:18,372
Should women
be firefighters?

1416
01:19:18,462 --> 01:19:20,357
"With all due respect,
Your Honor, I haven't considered it

1417
01:19:20,381 --> 01:19:22,418
"because my client
isn't a firefighter."

1418
01:19:22,633 --> 01:19:24,169
Or you can redirect.

1419
01:19:24,260 --> 01:19:27,344
"With respect, Judge, this case
is not about firefighters.

1420
01:19:27,429 --> 01:19:28,510
"It's about taxpayers

1421
01:19:28,597 --> 01:19:31,840
"and there's nothing inherently masculine
about paying taxes."

1422
01:19:32,226 --> 01:19:33,387
Crack a joke.

1423
01:19:33,477 --> 01:19:35,264
"Your Honor, anyone
who's raised a child

1424
01:19:35,354 --> 01:19:36,634
"couldn't possibly
be intimidated

1425
01:19:36,689 --> 01:19:37,930
"by a burning building."

1426
01:19:38,065 --> 01:19:40,145
- (CHUCKLES)
- And then bring them back to your case.

1427
01:19:40,192 --> 01:19:41,979
Marty, you should do
the oral arguments.

1428
01:19:43,279 --> 01:19:45,862
No, no, no.
Ruth is the expert on gender law.

1429
01:19:45,948 --> 01:19:47,735
At least half this case
is tax.

1430
01:19:47,825 --> 01:19:50,533
The most important thing
is that Charles Moritz wins.

1431
01:19:50,619 --> 01:19:52,576
I said no, Mel. Drop it.

1432
01:19:56,250 --> 01:19:57,582
They could split the time.

1433
01:19:58,085 --> 01:20:00,919
Martin goes first,
focuses the argument on tax.

1434
01:20:01,005 --> 01:20:03,588
Then Ruth steps in,
talks about gender.

1435
01:20:09,388 --> 01:20:10,948
- RUTH: Pauli, here you go.
- Thank you.

1436
01:20:11,432 --> 01:20:13,048
- Gerry, this is yours.
- Mel. Mel.

1437
01:20:13,726 --> 01:20:15,217
There is no aspect of law

1438
01:20:15,311 --> 01:20:17,394
at which Ruth Ginsburg
can be bested.

1439
01:20:17,479 --> 01:20:19,311
I don't know
how things work at the ACLU,

1440
01:20:19,398 --> 01:20:21,793
but if anyone at my firm couldn't see that,
they would be fired.

1441
01:20:21,817 --> 01:20:24,355
Objection noted, Counselor.
She's still arguing half.

1442
01:20:24,570 --> 01:20:25,686
- This is her...
- Listen,

1443
01:20:25,779 --> 01:20:27,215
she's written
a revolutionary argument,

1444
01:20:27,239 --> 01:20:29,777
but brief writing
is an academic's job. Okay?

1445
01:20:30,492 --> 01:20:34,076
Oral arguments require a lawyer
who can command a judge's respect.

1446
01:20:34,163 --> 01:20:36,155
A real appellate lawyer.

1447
01:20:36,248 --> 01:20:37,364
(CLICKS TONGUE)

1448
01:20:37,458 --> 01:20:38,949
What a team
you're gonna be.

1449
01:20:39,043 --> 01:20:40,579
- It was a good experience.
- (CLAPS)

1450
01:20:40,794 --> 01:20:42,660
I think that was
a very productive exercise.

1451
01:20:42,755 --> 01:20:43,962
I have to go to a fundraiser.

1452
01:20:44,048 --> 01:20:45,859
Pauli, Gerry, you want to split
a cab downtown?

1453
01:20:45,883 --> 01:20:47,499
GERALD: Sure.
PAULI: Sure.

1454
01:20:50,512 --> 01:20:51,512
Good team.

1455
01:20:51,597 --> 01:20:53,283
Good to see you, Gerry.
Thank you for coming.

1456
01:20:53,307 --> 01:20:55,515
- Bye-bye. Good seeing you.
- Great to see you.

1457
01:21:01,857 --> 01:21:03,018
RUTH: Bye.

1458
01:21:12,159 --> 01:21:14,492
You have such
a light touch. It...

1459
01:21:15,329 --> 01:21:17,446
It's just effortless
for you, isn't it?

1460
01:21:18,415 --> 01:21:20,623
Mel was goading you.

1461
01:21:20,918 --> 01:21:22,598
He was trying
to make you feel overwhelmed.

1462
01:21:22,669 --> 01:21:25,377
Of course he was.
He's a relentless prick.

1463
01:21:26,090 --> 01:21:27,984
But it doesn't change the fact
that I'm not ready.

1464
01:21:28,008 --> 01:21:29,903
It's not your fault.
You've never done this before.

1465
01:21:29,927 --> 01:21:32,590
Is that what I'm supposed
to tell Charlie when I blow it in court?

1466
01:21:37,476 --> 01:21:40,594
MILLICENT: Do you want <i>Theories
in Public Taxation</i> with you in Denver?

1467
01:21:40,687 --> 01:21:43,100
- Who needs a tax reference when you have Marty?
- (CHUCKLES)

1468
01:21:43,190 --> 01:21:44,226
(PHONE RINGING)

1469
01:21:44,316 --> 01:21:47,024
Did you pack the, uh,
<i>Kirk v. Commissioner</i> brief?

1470
01:21:47,111 --> 01:21:48,352
Yes.

1471
01:21:48,904 --> 01:21:50,270
Rutgers Law.

1472
01:21:51,073 --> 01:21:52,439
It's Mel Wulf for you.

1473
01:21:54,118 --> 01:21:55,654
(WHISPERS)
Just tell him I'm not here.

1474
01:21:56,161 --> 01:21:57,493
I'm sorry, Mr...

1475
01:21:58,622 --> 01:22:00,158
He says it's urgent.

1476
01:22:01,417 --> 01:22:03,830
- (INDISTINCT CHATTER)
- (PHONES RINGING)

1477
01:22:03,919 --> 01:22:06,252
(TYPEWRITERS CLACKING)

1478
01:22:09,383 --> 01:22:11,215
- Yeah...
- What was so important?

1479
01:22:11,927 --> 01:22:13,884
- I'm excited to work with you.
- (SHUSHING)

1480
01:22:14,346 --> 01:22:15,346
MEL: Yeah.

1481
01:22:15,431 --> 01:22:16,763
I understand.

1482
01:22:17,391 --> 01:22:18,632
She just walked in.

1483
01:22:19,977 --> 01:22:21,138
And to you too.

1484
01:22:22,479 --> 01:22:23,640
Okay.

1485
01:22:23,981 --> 01:22:25,722
Ruth Ginsburg.
Allen Derr.

1486
01:22:25,816 --> 01:22:27,023
How do you do?

1487
01:22:27,860 --> 01:22:29,963
The Supreme Court just announced
they're gonna hear <i>Reed v. Reed</i>

1488
01:22:29,987 --> 01:22:32,070
on appeal from
the Idaho Supreme Court.

1489
01:22:32,739 --> 01:22:34,321
That's fantastic.

1490
01:22:34,408 --> 01:22:36,650
Mrs. Reed is very excited
for the opportunity.

1491
01:22:36,743 --> 01:22:38,575
Allen is
Sally Reed's lawyer.

1492
01:22:39,413 --> 01:22:42,247
So, is the ACLU gonna help?

1493
01:22:42,332 --> 01:22:44,212
You told me it was
the right thing to do, right?

1494
01:22:44,293 --> 01:22:47,081
Mel says that no one knows this
area of the law better than you.

1495
01:22:47,171 --> 01:22:48,628
You're our
secret weapon, Ruth.

1496
01:22:48,881 --> 01:22:49,917
So...

1497
01:22:50,966 --> 01:22:54,209
You want me
in the Supreme Court?

1498
01:22:55,679 --> 01:22:56,886
I, uh...

1499
01:22:57,306 --> 01:22:58,306
Uh...

1500
01:22:58,849 --> 01:23:01,592
I told Allen you'd be eager
to help him write his brief.

1501
01:23:06,273 --> 01:23:07,514
Oh.

1502
01:23:08,108 --> 01:23:09,586
Well, you'd basically take
the Moritz brief

1503
01:23:09,610 --> 01:23:11,567
and swap around the pronouns.
Isn't that right?

1504
01:23:11,653 --> 01:23:13,610
It's a little more
involved than that.

1505
01:23:13,697 --> 01:23:14,938
- Joking.
- (CHUCKLES)

1506
01:23:15,032 --> 01:23:16,819
All right, let's start
right away.

1507
01:23:17,326 --> 01:23:20,285
Allen, uh, enjoy the city.
You should catch a show while you're here.

1508
01:23:20,370 --> 01:23:22,532
Ah, well, thank you.
MEL: Yeah.

1509
01:23:22,706 --> 01:23:23,787
Yeah.

1510
01:23:24,833 --> 01:23:27,325
Oh, uh, Kiki and I
have some stuff to discuss.

1511
01:23:28,962 --> 01:23:31,204
Yes, of course,
I'll get out of your way.

1512
01:23:31,423 --> 01:23:34,086
It was a pleasure meeting you,
Ruth or Kiki.

1513
01:23:34,176 --> 01:23:35,176
Uh...

1514
01:23:35,260 --> 01:23:36,421
Mel.

1515
01:23:36,929 --> 01:23:38,136
Oh! Oh.

1516
01:23:38,722 --> 01:23:41,510
- Ah. Don't forget that.
- Mustn't forget that, yeah.

1517
01:23:43,602 --> 01:23:44,763
What a schmuck.

1518
01:23:44,853 --> 01:23:48,062
- Let me argue <i>Reed</i> in court.
- Oh, give me a break.

1519
01:23:48,148 --> 01:23:50,515
I am no less experienced
than Allen Derr in federal court.

1520
01:23:50,651 --> 01:23:52,629
- You have zero experience.
- If you're gonna use my argument...

1521
01:23:52,653 --> 01:23:54,453
He's been Sally Reed's lawyer
for three years.

1522
01:23:54,530 --> 01:23:55,530
She trusts him.

1523
01:23:55,864 --> 01:23:57,424
She wouldn't even
let me argue the case.

1524
01:23:57,491 --> 01:24:00,011
Now, listen to me for a second.
We have someone else to discuss.

1525
01:24:00,369 --> 01:24:02,110
Ernie Brown called
this morning.

1526
01:24:02,538 --> 01:24:04,182
In light of <i>Reed</i> going
to the Supreme Court,

1527
01:24:04,206 --> 01:24:06,566
the government wants to settle
the Moritz case for a dollar.

1528
01:24:07,334 --> 01:24:10,668
<i>Reed</i> ups the profile of our case.
They're getting nervous.

1529
01:24:10,879 --> 01:24:13,371
I told them you'd be in D.C.
on Monday to sign the paperwork.

1530
01:24:16,343 --> 01:24:17,754
Why would you say that?

1531
01:24:18,178 --> 01:24:20,886
- Charlie won't want to settle.
- No, convince him.

1532
01:24:21,765 --> 01:24:23,427
I will not.

1533
01:24:23,850 --> 01:24:26,558
First you took half the argument
away from me...

1534
01:24:26,645 --> 01:24:29,479
Nobody took anything
away from you, Ruth.

1535
01:24:29,565 --> 01:24:31,584
You weren't robbed
in the middle of the night. All right?

1536
01:24:31,608 --> 01:24:33,920
I was giving you this opportunity
for the good of the cause.

1537
01:24:33,944 --> 01:24:35,901
- You gave this to me?
- In fact, I did.

1538
01:24:36,029 --> 01:24:38,316
- And get your emotions in check.
- You first.

1539
01:24:40,617 --> 01:24:43,109
Allen is going to be arguing
in the Supreme Court

1540
01:24:43,203 --> 01:24:44,614
that times have changed.

1541
01:24:45,330 --> 01:24:47,743
We can't afford the Tenth Circuit
saying that they haven't.

1542
01:24:47,833 --> 01:24:49,825
Nothing would strengthen
the argument more

1543
01:24:49,918 --> 01:24:52,001
than the appeals court
deciding for Charlie.

1544
01:24:52,087 --> 01:24:54,023
Yes, that would be very nice,
but here in the real world,

1545
01:24:54,047 --> 01:24:55,900
- with working lawyers...
- You think I can't be persuasive?

1546
01:24:55,924 --> 01:24:58,444
Oh, I've never been more certain
about anything in my life, Ruth.

1547
01:24:59,386 --> 01:25:01,002
You don't get to tell me
when to quit.

1548
01:25:01,096 --> 01:25:02,837
You couldn't even make it
through moot court

1549
01:25:02,931 --> 01:25:04,422
without embarrassing yourself.

1550
01:25:05,642 --> 01:25:07,679
You will lose, Ruth.

1551
01:25:07,769 --> 01:25:10,512
And when you do, you will set the
women's movement back 10 years.

1552
01:25:10,606 --> 01:25:13,269
More! We are dodging
a bullet here.

1553
01:25:14,401 --> 01:25:16,313
Are you the only one
that can't see that?

1554
01:25:28,582 --> 01:25:30,582
These are Allen's briefs
from the previous appeals.

1555
01:25:31,084 --> 01:25:33,292
Tie them into the framework
of the Moritz brief.

1556
01:25:33,879 --> 01:25:35,370
I'll review it
when you're done.

1557
01:25:38,592 --> 01:25:40,709
It's a Supreme Court brief.

1558
01:25:42,638 --> 01:25:45,221
I can assign it to someone else
if that's what you'd prefer.

1559
01:26:00,280 --> 01:26:02,397
Oh, and... And Ruth, uh,

1560
01:26:02,491 --> 01:26:04,153
sooner you call Charlie,
the better.

1561
01:26:04,242 --> 01:26:07,201
- (INDISTINCT CHATTER)
- (PHONES RINGING)

1562
01:26:07,287 --> 01:26:09,370
(TYPEWRITERS CLACKING)

1563
01:26:16,421 --> 01:26:17,753
RUTH: <i>I had this idea.</i>

1564
01:26:18,382 --> 01:26:19,498
What's that?

1565
01:26:20,175 --> 01:26:21,632
Well, it doesn't matter now.

1566
01:26:22,469 --> 01:26:23,505
Tell me.

1567
01:26:25,764 --> 01:26:28,552
We could have taken Appendix E
from the government's brief,

1568
01:26:28,642 --> 01:26:32,261
that entire
comprehensive list of laws

1569
01:26:32,813 --> 01:26:37,353
that differentiates between the sexes,
and... and turn it into our own hit list.

1570
01:26:38,068 --> 01:26:40,856
We could have started
a special project at the ACLU

1571
01:26:40,946 --> 01:26:44,360
to go after those laws one by one
in the legislature, in the courts,

1572
01:26:44,449 --> 01:26:48,159
until women and men were
genuinely equal under the law.

1573
01:26:50,914 --> 01:26:53,702
And I've been running around
claiming things have changed.

1574
01:27:04,177 --> 01:27:05,793
(SIGHS)

1575
01:27:38,211 --> 01:27:39,793
Daddy told me
about the case.

1576
01:27:43,467 --> 01:27:45,550
Why is Mel Wulf
being such a dick?

1577
01:27:49,389 --> 01:27:52,973
- He thinks I'm going to lose.
- No way, Jose. Not in my experience.

1578
01:28:01,401 --> 01:28:03,688
As Mr. Moritz's lawyer, I'm...

1579
01:28:05,363 --> 01:28:07,776
I'm ethically bound
to convey him the offer.

1580
01:28:11,953 --> 01:28:16,072
So, would you like help taking
apart your life's work or

1581
01:28:17,626 --> 01:28:19,663
is that something
you'd rather do by yourself?

1582
01:28:21,922 --> 01:28:23,083
I...

1583
01:28:23,799 --> 01:28:25,791
I know that this case...

1584
01:28:30,931 --> 01:28:33,548
That I disrupted
our lives and...

1585
01:28:37,312 --> 01:28:38,598
I'm sorry.

1586
01:28:39,064 --> 01:28:41,932
Sorry for what? For...
For doing your job?

1587
01:28:48,281 --> 01:28:49,442
Who's it for,

1588
01:28:51,409 --> 01:28:52,570
if not for me?

1589
01:28:53,995 --> 01:28:55,202
(SIGHING)

1590
01:28:58,041 --> 01:28:59,310
CHARLES: (ON PHONE)
<i>And they'll say it, right?</i>

1591
01:28:59,334 --> 01:29:01,542
<i>That I'm not a cheater,
that the law's unfair?</i>

1592
01:29:01,628 --> 01:29:02,869
No, Charlie,

1593
01:29:03,004 --> 01:29:05,496
the government
won't say that on its own.

1594
01:29:05,590 --> 01:29:07,877
<i>But if they don't say it,
how will I have won?</i>

1595
01:29:10,136 --> 01:29:11,593
You... You haven't.

1596
01:29:13,348 --> 01:29:14,964
But you... you get the money.

1597
01:29:18,144 --> 01:29:19,851
What about everyone else?

1598
01:29:20,522 --> 01:29:22,138
When you came to see me,

1599
01:29:22,399 --> 01:29:24,982
- you said...
<i>- Charlie, the settlement is only for you.</i>

1600
01:29:26,027 --> 01:29:27,563
<i>No one else can benefit.</i>

1601
01:29:27,654 --> 01:29:28,815
(SIGHS)

1602
01:29:29,531 --> 01:29:30,817
But could we win?

1603
01:29:31,199 --> 01:29:33,486
Well, we could, and...

1604
01:29:34,870 --> 01:29:37,112
and the impact
would last generations.

1605
01:29:37,414 --> 01:29:38,700
(SIGHS)

1606
01:29:39,624 --> 01:29:41,786
But the ACLU feels

1607
01:29:42,294 --> 01:29:45,082
it's best
if you take the offer.

1608
01:29:46,172 --> 01:29:47,253
(SIGHS)

1609
01:29:47,340 --> 01:29:48,797
But you're my lawyer, Ruth.

1610
01:29:50,260 --> 01:29:51,626
<i>What do you think?</i>

1611
01:29:52,888 --> 01:29:54,254
(SIGHS)

1612
01:29:59,728 --> 01:30:00,844
PROFESSOR BROWN: Ah, Ruth!

1613
01:30:00,937 --> 01:30:02,803
- Professor Brown.
- Please, come in.

1614
01:30:06,192 --> 01:30:07,478
Dean Griswold.

1615
01:30:08,028 --> 01:30:09,439
Mrs. Ginsburg.

1616
01:30:10,822 --> 01:30:13,815
I'm pleased you found a use
for your Harvard education.

1617
01:30:14,618 --> 01:30:17,611
Actually, what I'm doing now,
I learned at Columbia.

1618
01:30:19,873 --> 01:30:23,742
Ah, Ruth was always my most
thoroughly prepared student.

1619
01:30:24,210 --> 01:30:25,746
So much to prove.
(CHUCKLES)

1620
01:30:27,005 --> 01:30:29,998
These days the girls
are as hopeless as the men.

1621
01:30:30,091 --> 01:30:31,423
(BOTH CHUCKLE)

1622
01:30:31,509 --> 01:30:32,920
How's little Jane?

1623
01:30:33,470 --> 01:30:36,588
Not so little. And we have
another, James.

1624
01:30:37,182 --> 01:30:39,765
- Mmm. I'm sure they keep you busy.
- Yes.

1625
01:30:40,894 --> 01:30:42,010
Both of us.

1626
01:30:43,980 --> 01:30:46,017
Ernie has
your paperwork ready.

1627
01:30:49,945 --> 01:30:52,858
My client was very excited
about your offer.

1628
01:30:53,073 --> 01:30:54,359
Good.

1629
01:30:54,699 --> 01:30:55,780
Good.

1630
01:30:55,867 --> 01:30:57,859
He did, however,
have some conditions.

1631
01:30:58,244 --> 01:30:59,485
Conditions?

1632
01:30:59,704 --> 01:31:01,240
What kind of conditions?

1633
01:31:01,790 --> 01:31:05,409
First of all, he'd like you
to forgive 100% of the money.

1634
01:31:05,502 --> 01:31:07,789
- None of this one dollar business.
- Yes, well...

1635
01:31:07,879 --> 01:31:09,711
I'm sure we can manage
to arrange that.

1636
01:31:10,048 --> 01:31:12,916
And he'd like the government
to concede that he did nothing wrong.

1637
01:31:14,719 --> 01:31:16,756
And enter
into the court record

1638
01:31:16,846 --> 01:31:18,963
that Section 214
of the Tax Code

1639
01:31:19,057 --> 01:31:22,596
discriminates on the basis of sex
and is therefore unconstitutional.

1640
01:31:24,479 --> 01:31:27,688
I can't agree to that.
And you know it.

1641
01:31:28,024 --> 01:31:29,731
Does Mel Wulf
know about this?

1642
01:31:31,528 --> 01:31:32,689
(SIGHS)

1643
01:31:33,655 --> 01:31:35,817
Mmm. Then we'll
see you in court.

1644
01:31:38,076 --> 01:31:39,408
(SIGHS)

1645
01:31:46,918 --> 01:31:48,204
Thank you, gentlemen.

1646
01:31:49,462 --> 01:31:50,703
It was a pleasure.

1647
01:32:00,598 --> 01:32:03,636
Your Honors,
and may it please the court.

1648
01:32:06,730 --> 01:32:09,598
Your Honors,
and may it please the court.

1649
01:32:09,816 --> 01:32:11,603
Your Honors, and may it...
(SIGHS)

1650
01:32:12,318 --> 01:32:14,150
(WHISPERS) Section 214
of the Tax Code...

1651
01:32:14,904 --> 01:32:17,191
Section 214 of the Tax Code...

1652
01:32:26,708 --> 01:32:30,452
Your Honors,
and may it please the court.

1653
01:32:57,947 --> 01:32:59,188
PROFESSOR BROWN: Good morning.

1654
01:33:06,164 --> 01:33:07,621
You're ready for this.

1655
01:33:07,999 --> 01:33:10,207
You've been ready for this
your whole life.

1656
01:33:10,376 --> 01:33:14,165
So go in there and let the judges see
the Ruth Ginsburg I know.

1657
01:33:20,762 --> 01:33:23,300
- MARTIN: Professor Brown.
- Marty. Good to see you.

1658
01:33:23,389 --> 01:33:25,506
(INDISTINCT CHATTER)

1659
01:33:49,499 --> 01:33:51,832
(INDISTINCT CHATTER)

1660
01:34:06,516 --> 01:34:08,724
- Charlie.
- Good morning.

1661
01:34:09,394 --> 01:34:12,057
- You must be Jane.
- Nice to meet you, Mr. Moritz.

1662
01:34:16,276 --> 01:34:18,984
- Mr. Ginsburg.
- No. Uh, Mel Wulf.

1663
01:34:19,070 --> 01:34:20,561
ACLU.
MARTIN: That's me.

1664
01:34:20,655 --> 01:34:22,049
I'm Mr. Ginsburg.
Nice to meet you, Charles.

1665
01:34:22,073 --> 01:34:23,109
CHARLES: A pleasure.

1666
01:34:30,290 --> 01:34:32,623
Well, here we are.

1667
01:34:33,334 --> 01:34:35,246
(ALL MURMURING)

1668
01:34:39,841 --> 01:34:41,207
All rise.

1669
01:34:42,802 --> 01:34:46,011
The United States Court of Appeals for
the Tenth Circuit is now in session.

1670
01:34:46,347 --> 01:34:49,010
Judges Doyle, Holloway
and Daugherty presiding.

1671
01:34:50,977 --> 01:34:52,017
JUDGE HOLLOWAY: Be seated.

1672
01:34:56,524 --> 01:34:58,891
You have a century
of case law on your side.

1673
01:34:58,985 --> 01:35:00,692
Just do your job.

1674
01:35:03,406 --> 01:35:07,525
JUDGE HOLLOWAY: The first case
is docket number 71-1127.

1675
01:35:07,619 --> 01:35:10,236
<i>Charles Moritz v. Commissioner
of Internal Revenue.</i>

1676
01:35:10,705 --> 01:35:12,947
Each side will have 30 minutes
to present.

1677
01:35:13,208 --> 01:35:15,621
When two minutes remain,
the court clerk will rise

1678
01:35:15,710 --> 01:35:16,710
to give warning.

1679
01:35:16,794 --> 01:35:18,911
When your time is up,
he will sit.

1680
01:35:19,839 --> 01:35:20,955
Counsel for the appellant.

1681
01:35:21,049 --> 01:35:23,382
Mr. Ginsburg, you may proceed.

1682
01:35:23,760 --> 01:35:25,342
(CLOCK TICKING)

1683
01:35:27,680 --> 01:35:30,468
Good morning, Your Honors,
and may it please the court.

1684
01:35:30,558 --> 01:35:32,971
Today we are going
to demonstrate that Section 214

1685
01:35:33,061 --> 01:35:35,644
of the U.S. Tax Code
unfairly discriminates

1686
01:35:35,730 --> 01:35:38,222
against our client,
Mr. Charles Moritz,

1687
01:35:38,316 --> 01:35:39,773
because he is a man.

1688
01:35:42,070 --> 01:35:45,063
JUDGE HOLLOWAY: Congress assumed that
a caregiver is most likely a woman.

1689
01:35:45,573 --> 01:35:47,064
Is that so unreasonable?

1690
01:35:47,951 --> 01:35:50,944
If the law says all caregivers
are entitled to a deduction,

1691
01:35:51,329 --> 01:35:53,742
and if the writers in the back
of their mind thought,

1692
01:35:53,831 --> 01:35:55,142
"Well, this will only
apply to women,"

1693
01:35:55,166 --> 01:35:56,446
then that would be
an assumption.

1694
01:35:56,626 --> 01:35:58,062
But they went
farther than that, Judge.

1695
01:35:58,086 --> 01:36:01,420
They explicitly list
who qualifies as a caregiver.

1696
01:36:01,506 --> 01:36:02,792
As is their prerogative.

1697
01:36:03,549 --> 01:36:06,007
Yes. But Judge, I doubt that you would
turn the same blind eye

1698
01:36:06,135 --> 01:36:08,969
- if it said only white caregivers.
- That's hardly the same thing.

1699
01:36:09,430 --> 01:36:11,467
Respectfully, we disagree.

1700
01:36:12,058 --> 01:36:13,535
I'm going to turn it over
to my co-counsel

1701
01:36:13,559 --> 01:36:14,954
who will discuss
the constitutional questions.

1702
01:36:14,978 --> 01:36:18,016
You're telling us that race
and gender are the same?

1703
01:36:21,484 --> 01:36:22,484
My co-counsel...

1704
01:36:22,568 --> 01:36:24,400
Yes, yes, we'll get to her
in a minute.

1705
01:36:24,487 --> 01:36:26,695
But I'd appreciate
an answer to my question.

1706
01:36:27,991 --> 01:36:29,573
In order for a law
to discriminate,

1707
01:36:29,659 --> 01:36:32,242
it must distinguish
between groups arbitrarily.

1708
01:36:32,328 --> 01:36:33,364
Is that correct?

1709
01:36:34,664 --> 01:36:36,496
- My co-counsel will...
- Mr. Ginsburg.

1710
01:36:36,916 --> 01:36:38,282
I have asked you.

1711
01:36:44,507 --> 01:36:46,499
It must be arbitrary, yes.

1712
01:36:46,718 --> 01:36:49,711
And in this case,
we believe the law is.

1713
01:36:49,887 --> 01:36:52,220
Mr. Moritz is a man
who never married.

1714
01:36:52,307 --> 01:36:55,471
That may make him less likely to
have childcare responsibilities,

1715
01:36:55,560 --> 01:36:58,177
but not parent care
responsibilities.

1716
01:36:58,271 --> 01:36:59,707
- And had he been a woman...
- And to your mind,

1717
01:36:59,731 --> 01:37:02,519
classifications of this kind
must always be discriminatory?

1718
01:37:02,608 --> 01:37:03,608
There's some help.

1719
01:37:03,693 --> 01:37:05,776
He's asking him to make
a broad categorical claim.

1720
01:37:05,862 --> 01:37:07,353
I can't speak
to always, Judge.

1721
01:37:07,447 --> 01:37:10,235
I can only speak
to this case and this man.

1722
01:37:12,285 --> 01:37:13,992
- Very well.
- Thank you.

1723
01:37:14,287 --> 01:37:15,619
Then speak of him.

1724
01:37:22,462 --> 01:37:25,955
Again, the only distinction
between our client Mr. Moritz

1725
01:37:26,049 --> 01:37:27,756
and any other caregiver,

1726
01:37:27,842 --> 01:37:30,630
in Judge Daugherty's words,
is arbitrary.

1727
01:37:31,804 --> 01:37:35,138
Thank you. And I cede the remainder
of my time to my co-counsel.

1728
01:37:35,224 --> 01:37:36,931
(ALL MURMURING)

1729
01:37:51,616 --> 01:37:53,903
(MIC FEEDBACK)

1730
01:37:59,374 --> 01:38:00,706
(INHALES)

1731
01:38:02,377 --> 01:38:03,618
Your Honors...

1732
01:38:06,756 --> 01:38:08,713
Whenever you're ready,
Mrs. Ginsburg.

1733
01:38:12,095 --> 01:38:14,303
Your Honors,
and may it please the court.

1734
01:38:15,014 --> 01:38:20,351
Section 214 denies Mr. Moritz
a caregiver tax deduction

1735
01:38:20,436 --> 01:38:22,928
available to
similarly situated women...

1736
01:38:23,022 --> 01:38:26,015
Yes. Yes. We've been
through all that.

1737
01:38:26,109 --> 01:38:27,225
(SCOFFS) Uh,

1738
01:38:27,318 --> 01:38:29,776
Mrs. Ginsburg, you are aware
that the government has

1739
01:38:29,862 --> 01:38:32,024
three co-equal branches.

1740
01:38:35,827 --> 01:38:38,194
- Mrs. Ginsburg?
- Yes, of course, Your Honor.

1741
01:38:38,287 --> 01:38:41,871
And that it is
the Congress' role to write law.

1742
01:38:44,669 --> 01:38:47,082
Your Honor, I understand
how government works.

1743
01:38:49,048 --> 01:38:50,209
Take it easy, Ruth.

1744
01:38:52,677 --> 01:38:55,420
Well, uh, sometimes a law,
even a good law,

1745
01:38:55,513 --> 01:38:57,880
even a law that is legal
under the Constitution,

1746
01:38:57,974 --> 01:39:00,011
may not be good for every
individual it affects.

1747
01:39:00,101 --> 01:39:01,717
I have a question.

1748
01:39:02,395 --> 01:39:04,057
If I understand correctly,

1749
01:39:04,313 --> 01:39:05,313
you're concerned

1750
01:39:05,398 --> 01:39:07,230
about men and women
being pigeonholed

1751
01:39:07,316 --> 01:39:09,399
into certain roles
based on gender.

1752
01:39:09,485 --> 01:39:10,726
Yes, that's correct.

1753
01:39:11,362 --> 01:39:14,230
- Because...
- Excuse me. That wasn't my question.

1754
01:39:14,323 --> 01:39:17,487
It strikes me that the caregiver
deduction does the opposite.

1755
01:39:18,077 --> 01:39:21,036
It helps women be able
to work outside the home.

1756
01:39:21,622 --> 01:39:22,738
Isn't that a good thing?

1757
01:39:24,584 --> 01:39:26,871
But the law assumes
it must be the woman

1758
01:39:26,961 --> 01:39:28,918
who is supposed to be at home
in the first place.

1759
01:39:29,005 --> 01:39:31,668
Well, that is the case
in every family I know.

1760
01:39:31,757 --> 01:39:33,437
So, it's the assumption
that's the problem.

1761
01:39:33,468 --> 01:39:38,213
Then when can a law differentiate
on the basis of sex? Never?

1762
01:39:40,057 --> 01:39:43,175
When the classification
rationally relates to the law.

1763
01:39:44,103 --> 01:39:46,220
Keeping women out of combat,
for example.

1764
01:39:46,314 --> 01:39:48,397
I'm not sure whether
I agree with that example.

1765
01:39:48,483 --> 01:39:51,191
No. So, you think women belong
on the front lines now, too?

1766
01:39:51,277 --> 01:39:52,813
RUTH: No, that's not what...

1767
01:39:53,988 --> 01:39:57,572
Gender, like race, is a biological,
unalterable trait.

1768
01:39:57,658 --> 01:40:01,117
There is nothing that women are inherently
better at than men, nor vice versa.

1769
01:40:01,871 --> 01:40:04,033
- Growing a beard.
- That's...

1770
01:40:04,123 --> 01:40:05,705
- (ALL LAUGHING)
- Lactation.

1771
01:40:05,791 --> 01:40:08,033
No thinking person
could possibly imagine that

1772
01:40:08,169 --> 01:40:11,583
- Charles Moritz's gender relates to his ability...
- (MIC FEEDBACK)

1773
01:40:15,968 --> 01:40:17,925
JUDGE DOYLE:
Why can't we, Mrs. Ginsburg?

1774
01:40:18,471 --> 01:40:21,464
In most households, aren't women
the primary caregivers?

1775
01:40:22,058 --> 01:40:25,893
Aren't men the breadwinners?
Aren't they?

1776
01:40:32,527 --> 01:40:34,769
In most households,
yes, Your Honor.

1777
01:40:35,154 --> 01:40:37,020
Doesn't that reality suggest

1778
01:40:37,114 --> 01:40:39,731
that that's the natural
order of things?

1779
01:40:46,624 --> 01:40:48,616
Respectfully, Your Honors,
I'd like to reserve

1780
01:40:48,709 --> 01:40:50,541
the remainder of my time
for rebuttal.

1781
01:40:56,342 --> 01:40:59,005
Not sure I followed that.
How... How are we doing?

1782
01:41:00,638 --> 01:41:01,845
(WHISTLES)

1783
01:41:02,139 --> 01:41:03,300
(IMITATES EXPLOSION)

1784
01:41:04,225 --> 01:41:06,217
It's okay.
It's not over yet.

1785
01:41:20,992 --> 01:41:24,736
JUDGE HOLLOWAY: Mr. Bozarth,
for the appellee. You may proceed.

1786
01:41:24,829 --> 01:41:28,743
Don't let them forget what
this case is really about. You'll be fine.

1787
01:41:30,418 --> 01:41:33,877
Ah, Bozarth.
The, uh, master of citations.

1788
01:41:34,589 --> 01:41:36,817
(CLEARS THROAT)
That's what my family calls me too, Judge.

1789
01:41:36,841 --> 01:41:38,173
(ALL LAUGHING)

1790
01:41:40,136 --> 01:41:42,378
Your Honors,
and may it please the court.

1791
01:41:43,014 --> 01:41:47,133
Congress created this tax deduction
to help caregivers go out and work.

1792
01:41:48,185 --> 01:41:49,392
Caregivers.

1793
01:41:50,521 --> 01:41:53,480
Folks that, if they weren't
working, would stay home.

1794
01:41:55,234 --> 01:41:57,942
Now, are we meant
to believe that this man

1795
01:41:58,529 --> 01:42:03,115
would have the skill or even the
caregiver's instinct to do that?

1796
01:42:03,200 --> 01:42:04,720
JUDGE DOYLE:
Why can't we believe that?

1797
01:42:05,077 --> 01:42:08,616
Why does an unwed woman have that instinct,
but not an unwed man?

1798
01:42:08,706 --> 01:42:10,322
Or a widower,
for that matter?

1799
01:42:10,541 --> 01:42:11,810
BOZARTH: Well, respectfully,
Judge Doyle,

1800
01:42:11,834 --> 01:42:15,453
a widower doesn't choose to be a caregiver.
It's thrust upon them.

1801
01:42:16,505 --> 01:42:20,624
And as for women,
it doesn't take a legal treatise to prove

1802
01:42:20,718 --> 01:42:24,302
what 100,000 years of human
history has made indelibly clear.

1803
01:42:25,723 --> 01:42:29,592
And Congress can write the tax
code to enforce this natural law?

1804
01:42:29,685 --> 01:42:31,722
Congress can write
whatever tax code it wants.

1805
01:42:32,855 --> 01:42:37,020
All I'm saying, Judge,
is that given the natural order of things,

1806
01:42:38,402 --> 01:42:42,362
this man, Mr. Moritz,
hasn't suffered as a result.

1807
01:42:42,448 --> 01:42:46,567
But the country will suffer if the
court doesn't find for the appellee.

1808
01:42:50,206 --> 01:42:52,267
Your Honors,
I am certain that there isn't a man among us

1809
01:42:52,291 --> 01:42:54,783
who wouldn't try
to ease his wife's burdens.

1810
01:42:54,960 --> 01:42:56,872
So I don't see
how we can judge negatively

1811
01:42:56,962 --> 01:42:58,762
the members of Congress
who would do the same.

1812
01:42:59,674 --> 01:43:01,210
And I'm not alone in that.

1813
01:43:01,425 --> 01:43:03,132
There is a long
and honorable tradition

1814
01:43:03,219 --> 01:43:05,632
in the courts of upholding
laws like this one.

1815
01:43:07,515 --> 01:43:11,179
I for one would rather see my government
err on the side of caring too much,

1816
01:43:12,978 --> 01:43:16,813
of trying too hard to help
the ladies of this country,

1817
01:43:17,608 --> 01:43:20,942
rather than to be indifferent
to their unique burdens.

1818
01:43:21,028 --> 01:43:22,769
Now, maybe
Mr. Moritz disagrees.

1819
01:43:24,448 --> 01:43:26,360
Or maybe he just
doesn't like paying taxes.

1820
01:43:28,661 --> 01:43:31,661
Personally, I don't believe that.
I believe that Charles Moritz is a victim.

1821
01:43:32,915 --> 01:43:36,829
Not of his government,
but of the lawyers

1822
01:43:36,919 --> 01:43:39,332
who have used his case
to achieve their own ends.

1823
01:43:40,798 --> 01:43:44,633
Radical social change.

1824
01:43:44,719 --> 01:43:47,302
(ALL MURMURING)

1825
01:43:49,849 --> 01:43:52,307
We rest our case
on our briefs and argument,

1826
01:43:52,768 --> 01:43:57,138
and ask that the court uphold the
Tax Court's decision. Thank you.

1827
01:44:11,203 --> 01:44:15,538
Counsel for the appellant,
you have four minutes for rebuttal.

1828
01:44:26,552 --> 01:44:28,259
Counsel for the appellant.

1829
01:44:38,647 --> 01:44:39,728
Counselor.

1830
01:44:53,746 --> 01:44:57,490
"Radical social change."

1831
01:45:05,174 --> 01:45:08,258
When I was in law school,
there was no women's bathroom.

1832
01:45:08,344 --> 01:45:10,461
(ALL LAUGHING)

1833
01:45:14,141 --> 01:45:16,349
It's amazing to me now
that we never complained.

1834
01:45:17,102 --> 01:45:18,183
Not because we were timid.

1835
01:45:18,270 --> 01:45:21,183
We were just astounded
to be in law school at all.

1836
01:45:22,733 --> 01:45:25,817
A hundred years ago,
Myra Bradwell wanted to be a lawyer.

1837
01:45:26,612 --> 01:45:29,821
She had fulfilled the requirements
for the Illinois Bar,

1838
01:45:30,241 --> 01:45:33,450
but she wasn't allowed to
practice because she was a woman.

1839
01:45:34,245 --> 01:45:37,955
An injustice she asked
the Supreme Court to correct.

1840
01:45:39,875 --> 01:45:42,413
Illinois was so confident
of victory,

1841
01:45:43,087 --> 01:45:46,125
they didn't even send a lawyer
to argue their side.

1842
01:45:47,299 --> 01:45:49,541
They were right. She lost.

1843
01:45:51,846 --> 01:45:55,510
That was the first time
someone went to court

1844
01:45:55,599 --> 01:45:59,764
to challenge his or her
prescribed gender role.

1845
01:46:00,688 --> 01:46:02,429
A hundred years ago.

1846
01:46:06,193 --> 01:46:10,187
Radical social change.

1847
01:46:14,326 --> 01:46:17,444
Sixty-five years ago,
when women in Oregon

1848
01:46:17,538 --> 01:46:20,497
wanted to work overtime and
make more money as men could,

1849
01:46:20,583 --> 01:46:23,872
the court looked to the precedent
in <i>Bradwell</i> and said no.

1850
01:46:25,337 --> 01:46:27,078
So then there were
two precedents.

1851
01:46:27,548 --> 01:46:30,882
Then three, then four,
and on and on,

1852
01:46:30,968 --> 01:46:35,383
and you can draw a direct line from
Myra Bradwell to Gwendolyn Hoyt,

1853
01:46:35,472 --> 01:46:40,058
told ten years ago she was not
entitled to a jury of her peers.

1854
01:46:42,229 --> 01:46:46,519
That is the legacy the government
asks you to uphold today.

1855
01:46:46,942 --> 01:46:51,437
You are being urged to protect
the culture and traditions

1856
01:46:51,530 --> 01:46:54,773
and morality of an America
that no longer exists.

1857
01:46:58,078 --> 01:47:02,573
A generation ago, my students would
have been arrested for indecency

1858
01:47:03,042 --> 01:47:05,082
- for wearing the clothes that they do.
- (LAUGHTER)

1859
01:47:05,711 --> 01:47:08,875
Sixty-five years ago,
it would have been unimaginable

1860
01:47:08,964 --> 01:47:11,081
that my daughter
would aspire to a career.

1861
01:47:13,928 --> 01:47:15,715
And a hundred years ago,

1862
01:47:17,264 --> 01:47:20,257
I would not have the right
to stand before you.

1863
01:47:30,945 --> 01:47:36,566
There are 178 laws that differentiate
on the basis of sex. Count them.

1864
01:47:36,659 --> 01:47:39,572
The government did the favor
of compiling them for you.

1865
01:47:40,079 --> 01:47:41,320
And while you're at it,

1866
01:47:42,957 --> 01:47:44,414
I urge you to read them.

1867
01:47:45,709 --> 01:47:48,998
They're obstacles
to our children's aspirations.

1868
01:47:49,088 --> 01:47:52,581
You're asking us to overturn
nearly a century of precedent.

1869
01:47:53,092 --> 01:47:55,129
I'm asking you
to set a new precedent,

1870
01:47:55,844 --> 01:47:58,757
as courts have done before
when the law is outdated.

1871
01:47:58,847 --> 01:48:01,806
But in those cases, the courts had
a clear constitutional handle.

1872
01:48:03,852 --> 01:48:09,849
The word "woman" does not appear
even once in the U.S. Constitution.

1873
01:48:11,402 --> 01:48:15,362
Nor does the word "freedom",
Your Honor.

1874
01:48:30,921 --> 01:48:34,540
Go on, Professor Ginsburg.

1875
01:48:41,056 --> 01:48:44,015
The principal purpose
of Section 214

1876
01:48:44,685 --> 01:48:46,301
is not to protect women,

1877
01:48:46,395 --> 01:48:48,057
nor to discriminate
against men.

1878
01:48:48,147 --> 01:48:49,558
It is to provide caregivers

1879
01:48:49,648 --> 01:48:52,607
the opportunity
to work outside the home.

1880
01:48:52,693 --> 01:48:55,982
Therefore, as the Supreme Court
did in <i>Levy v. Louisiana,</i>

1881
01:48:56,613 --> 01:48:58,445
this court should
fix the law

1882
01:48:58,532 --> 01:49:01,115
most in line
with the legislative intent.

1883
01:49:02,077 --> 01:49:04,194
Extend the deduction
to never-married men.

1884
01:49:05,539 --> 01:49:08,077
Help all caregivers equally.

1885
01:49:12,838 --> 01:49:16,206
Charles Moritz was well-raised
to be the sort of man

1886
01:49:16,300 --> 01:49:18,508
we should all hope
our sons will become.

1887
01:49:19,428 --> 01:49:22,842
Charlie deserves
our admiration.

1888
01:49:23,348 --> 01:49:25,214
Not only has he taken
on the burden

1889
01:49:25,434 --> 01:49:28,552
of caring for
his very strong-willed mother

1890
01:49:28,645 --> 01:49:30,853
when no one
would expect it of him,

1891
01:49:31,440 --> 01:49:35,275
but in doing so,
he has surpassed the limitations

1892
01:49:35,652 --> 01:49:40,147
the rest of us, and our laws,
seek to force upon him.

1893
01:49:41,575 --> 01:49:44,192
We're not asking you
to change the country.

1894
01:49:45,120 --> 01:49:48,238
That's already happened
without any court's permission.

1895
01:49:49,124 --> 01:49:53,459
We're asking you to protect
the right of the country to change.

1896
01:49:57,591 --> 01:50:00,800
Our sons and daughters
are barred by law

1897
01:50:01,428 --> 01:50:02,964
from opportunities
based on assumptions

1898
01:50:03,055 --> 01:50:04,387
about their abilities.

1899
01:50:04,473 --> 01:50:06,430
How will they ever
disprove these assumptions

1900
01:50:06,517 --> 01:50:10,477
if laws like Section 214
are allowed to stand?

1901
01:50:11,772 --> 01:50:15,061
We all must take
these laws on, one by one,

1902
01:50:15,150 --> 01:50:17,392
for as long as it takes,
for their sakes.

1903
01:50:19,363 --> 01:50:21,150
And you have the power
to set the precedent

1904
01:50:21,240 --> 01:50:22,947
that will get us started.

1905
01:50:24,618 --> 01:50:28,282
You can right this wrong.

1906
01:50:39,174 --> 01:50:42,087
We rest our case
on our briefs and argument

1907
01:50:42,177 --> 01:50:47,844
and ask that you reverse
the Tax Court's decision.

1908
01:50:50,477 --> 01:50:52,218
(ALL MURMURING)

1909
01:51:11,999 --> 01:51:13,490
MEL: Kiki!

1910
01:51:13,584 --> 01:51:15,041
That was perfect.

1911
01:51:15,711 --> 01:51:16,771
- That was perfect.
- (CHUCKLES)

1912
01:51:16,795 --> 01:51:18,252
We don't even know who won.

1913
01:51:18,338 --> 01:51:20,455
Doesn't matter.
It was right.

1914
01:51:21,842 --> 01:51:23,925
This is just the beginning.

1915
01:51:25,262 --> 01:51:26,628
I'm going to go gloat.

1916
01:51:26,722 --> 01:51:28,384
(BOTH CHUCKLING)

1917
01:51:29,600 --> 01:51:31,842
- Martin. Thank you.
- Of course, Charles.

1918
01:51:31,935 --> 01:51:33,301
Jane.

1919
01:51:34,146 --> 01:51:35,512
(SIGHS) Ruth, I...

1920
01:51:36,565 --> 01:51:37,772
I'll be in touch.

1921
01:51:53,582 --> 01:51:54,582
You did it.

1922
01:51:56,043 --> 01:51:57,909
We did it.

1923
01:52:01,924 --> 01:52:04,382
MARTIN:
Oh, I say we celebrate.

1924
01:52:04,468 --> 01:52:07,131
We go pick up James
and get some pizza.

1925
01:52:19,441 --> 01:52:21,478
JUDGE 1: <i>We'll hear arguments
next in number four,</i>

1926
01:52:21,568 --> 01:52:22,684
Reed against Reed.

1927
01:52:22,778 --> 01:52:27,773
JUDGE 2:...<i>next in 71-1694,</i>
Frontiero against Laird.

1928
01:52:27,866 --> 01:52:29,903
Weinberger against Wiesenfeld.

1929
01:52:29,993 --> 01:52:32,861
(JUDGES CONTINUE
SPEAKING INDISTINCTLY)

1930
01:52:36,875 --> 01:52:38,411
CHIEF JUSTICE: <i>Mrs. Ginsburg.</i>

1931
01:52:38,502 --> 01:52:40,664
RUTH: <i>Mr. Chief Justice,
and may it please the court.</i>

1932
01:52:40,754 --> 01:52:45,340
<i>Amicus views this case
as kin to</i> Reed v. Reed...

1933
01:52:45,425 --> 01:52:47,917
<i>The sex criterion stigmatizes</i>

1934
01:52:48,011 --> 01:52:50,879
<i>when it is used to limit
hours of work for women only.</i>

1935
01:52:50,973 --> 01:52:55,013
<i>It assumes that all women are
preoccupied with home and children.</i>

1936
01:52:55,102 --> 01:52:57,469
<i>These distinctions
have a common effect.</i>

1937
01:52:58,021 --> 01:53:00,934
<i>They help keep woman
in her place,</i>

1938
01:53:01,024 --> 01:53:03,732
<i>a place inferior
to that occupied by men.</i>

1939
01:53:03,819 --> 01:53:07,859
<i>The law must stop using sex
as a shorthand for functions which...</i>

1940
01:53:07,948 --> 01:53:10,406
<i>The judgment enjoins
enforcement of the statute</i>

1941
01:53:10,492 --> 01:53:14,076
<i>insofar as it discriminates
on the basis of sex.</i>

1942
01:53:14,162 --> 01:53:19,783
<i>Laws of this quality help
to keep women not on a pedestal, but in a cage.</i>

1943
01:53:19,876 --> 01:53:24,541
<i>Sarah Grimké said,
"I ask no favor for my sex.</i>

1944
01:53:24,631 --> 01:53:26,497
<i>"All I ask of our brethren</i>

1945
01:53:26,967 --> 01:53:30,631
<i>"is that they take their feet
off our necks."</i>

1946
01:54:36,244 --> 01:54:38,236
(SONG PLAYING)