1
00:00:03,800 --> 00:00:06,880
Speaker 1: This is a Bloomberg Law special the life, death, and

2
00:00:07,040 --> 00:00:10,600
Speaker 1: Legacy of Ruth Bader Ginsburg. I'm David Weston. She was

3
00:00:10,640 --> 00:00:13,160
Speaker 1: only the second woman in history to serve on the

4
00:00:13,200 --> 00:00:15,880
Speaker 1: highest court in the land. Her twenty seven years on

5
00:00:15,880 --> 00:00:19,279
Speaker 1: the Supreme Court continued a tireless fight to advance the

6
00:00:19,400 --> 00:00:21,799
Speaker 1: rights of women, something she'd pursued. As one of the

7
00:00:21,800 --> 00:00:24,640
Speaker 1: most effective advocates in the Supreme Court and on the

8
00:00:24,640 --> 00:00:26,960
Speaker 1: Court of Appeals, she built a record as one of

9
00:00:27,000 --> 00:00:30,880
Speaker 1: the most liberal justices, supporting gay rights, abortion rights, and

10
00:00:31,120 --> 00:00:34,519
Speaker 1: restrictions on the death penalty. Now, Ruth Bader Ginsburg has

11
00:00:34,560 --> 00:00:37,920
Speaker 1: died at the age of eighty seven. Ginsburg passed away

12
00:00:37,920 --> 00:00:41,879
Speaker 1: from complications from pancreatic cancer, surrounded by her family at

13
00:00:41,920 --> 00:00:45,440
Speaker 1: her home in Washington. Over the next hour, we examine

14
00:00:45,440 --> 00:00:49,080
Speaker 1: the life and legacy of the justice affectionately known as

15
00:00:49,200 --> 00:00:52,640
Speaker 1: Notorious rb G, and bring you the view of her

16
00:00:52,680 --> 00:00:56,080
Speaker 1: career in her own words, with excerpts from an interview

17
00:00:56,120 --> 00:00:59,160
Speaker 1: conducted less than a year ago. But first, we welcome

18
00:00:59,200 --> 00:01:02,960
Speaker 1: Bloomberg News Supreme Court reporter Greg Store and Bloomberg Laws

19
00:01:02,960 --> 00:01:07,080
Speaker 1: Supreme Court reporter Kimberly Strawbridge Robinson for their reactions to

20
00:01:07,120 --> 00:01:10,160
Speaker 1: the loss of a legal giant. So let me start

21
00:01:10,160 --> 00:01:13,600
Speaker 1: with you if I made greg what was her effect

22
00:01:13,640 --> 00:01:16,040
Speaker 1: on the bench? How did she change the Supreme Court

23
00:01:16,120 --> 00:01:19,920
Speaker 1: over her twenty seven years. Well, it's it's hard to

24
00:01:19,959 --> 00:01:23,400
Speaker 1: overstate the impact that she had, in part because she

25
00:01:23,520 --> 00:01:27,880
Speaker 1: became such an icon to the world. She was incredibly

26
00:01:27,920 --> 00:01:32,800
Speaker 1: well known UH and deeply admired by h by people

27
00:01:32,840 --> 00:01:36,399
Speaker 1: on all sides of the political spectrum, but especially among

28
00:01:36,840 --> 00:01:41,440
Speaker 1: liberal people and young women. She represented a woman who

29
00:01:41,880 --> 00:01:48,080
Speaker 1: UM was an incredibly bright, incredibly hard worker. UM somehow

30
00:01:48,080 --> 00:01:50,360
Speaker 1: managed to be very good friends with one of the

31
00:01:50,360 --> 00:01:56,040
Speaker 1: most conservative justices Anthon and Scalia, and really left a legacy, UH,

32
00:01:56,320 --> 00:02:00,880
Speaker 1: particularly with regard to women's rights UH and women's place

33
00:02:01,000 --> 00:02:04,600
Speaker 1: place in the law. Kimberly, we think of her obviously

34
00:02:04,720 --> 00:02:08,120
Speaker 1: as a really important Supreme Court justice, but the fact

35
00:02:08,200 --> 00:02:10,440
Speaker 1: is if she had never been on the Supreme Court,

36
00:02:10,520 --> 00:02:13,280
Speaker 1: she would have had a profound effect on the law,

37
00:02:13,320 --> 00:02:15,639
Speaker 1: particularly with respect to women's rights. As an advocate for

38
00:02:15,680 --> 00:02:18,560
Speaker 1: the a c P and also at Columbia and then

39
00:02:18,840 --> 00:02:21,520
Speaker 1: on the Court of Appeals, she had a very distinguished career,

40
00:02:21,639 --> 00:02:24,280
Speaker 1: very effective career long before she came to the Supreme Court.

41
00:02:24,520 --> 00:02:27,400
Speaker 1: That's right, and she's one of the few justices who

42
00:02:27,760 --> 00:02:31,000
Speaker 1: actually was very noteworthy before she came to the bench.

43
00:02:31,720 --> 00:02:34,920
Speaker 1: She co founded the A. C. L Used Women's Rights Project,

44
00:02:35,320 --> 00:02:38,120
Speaker 1: and in that role she brought several cases that really

45
00:02:38,600 --> 00:02:41,600
Speaker 1: um led the way on how we now think of

46
00:02:41,600 --> 00:02:45,880
Speaker 1: women's rights and gender equality. Uh, not only on behalf

47
00:02:46,040 --> 00:02:49,320
Speaker 1: of women, but she also brought several cases on behalf

48
00:02:49,320 --> 00:02:52,560
Speaker 1: of men that really changed the landscape for the way

49
00:02:52,600 --> 00:02:54,760
Speaker 1: that we think about gender and gender and the law.

50
00:02:55,600 --> 00:02:58,160
Speaker 1: Greg As we say, she was the second woman coming

51
00:02:58,200 --> 00:03:01,280
Speaker 1: to the Supreme Court, but but she really had an

52
00:03:01,280 --> 00:03:05,000
Speaker 1: influence on the way women were regarded basically in the

53
00:03:05,080 --> 00:03:09,960
Speaker 1: law and particularly on the Supreme Court. She did. Justice

54
00:03:09,960 --> 00:03:13,280
Speaker 1: Santrado O'Connor was the first one for a short while.

55
00:03:13,360 --> 00:03:16,840
Speaker 1: Justice Ginsburg was the only woman before Sonia said Mayor

56
00:03:16,880 --> 00:03:22,600
Speaker 1: and Elena Kagan joined her. Um. She uh, you know

57
00:03:22,680 --> 00:03:26,560
Speaker 1: did it both through her opinions and and probably the

58
00:03:26,600 --> 00:03:31,280
Speaker 1: most memorable of her opinions and the majority was uh,

59
00:03:31,480 --> 00:03:35,000
Speaker 1: the one that said that the Virginia Military Institute had

60
00:03:35,040 --> 00:03:39,720
Speaker 1: to admit women. Uh. But you know, even more so

61
00:03:39,800 --> 00:03:42,640
Speaker 1: it was what she stood for the fact that she

62
00:03:43,480 --> 00:03:46,040
Speaker 1: uh you know, made very clear that she wanted more

63
00:03:46,040 --> 00:03:51,240
Speaker 1: women on the court, that she was such a tireless worker, um,

64
00:03:51,480 --> 00:03:56,520
Speaker 1: and that she became really a heroine to uh, so

65
00:03:56,640 --> 00:04:00,840
Speaker 1: many people in this country. It can really it's interesting.

66
00:04:00,880 --> 00:04:03,640
Speaker 1: President Clinton once said about her that she was akin

67
00:04:03,760 --> 00:04:07,640
Speaker 1: to third Good Marshal in the extent which she changed law.

68
00:04:07,840 --> 00:04:09,640
Speaker 1: By the way, she said she did not like that

69
00:04:09,680 --> 00:04:12,840
Speaker 1: analogy because their Good Marshal risked his life on the

70
00:04:12,880 --> 00:04:15,440
Speaker 1: course and the cause of civil rights, and she did

71
00:04:15,480 --> 00:04:19,080
Speaker 1: not do that. At the same time, she does tower

72
00:04:19,240 --> 00:04:22,360
Speaker 1: as a figure that goes beyond even the Supreme Corps

73
00:04:22,360 --> 00:04:25,760
Speaker 1: the United States. Well, that's true, but it's it's interesting

74
00:04:25,760 --> 00:04:27,680
Speaker 1: that we do think of her as such a towering

75
00:04:27,760 --> 00:04:32,280
Speaker 1: figure given that she is uh such a small person

76
00:04:32,400 --> 00:04:36,560
Speaker 1: in statures. She really does, um, really outshine her own

77
00:04:36,560 --> 00:04:40,960
Speaker 1: stature in history. And you're right that many have compared

78
00:04:40,960 --> 00:04:43,840
Speaker 1: her to their Good and Marshall based on the work

79
00:04:43,920 --> 00:04:46,160
Speaker 1: that she had done at the a c l U

80
00:04:46,400 --> 00:04:49,080
Speaker 1: on behalf of women's rights. Um. And so whether or

81
00:04:49,080 --> 00:04:52,920
Speaker 1: not she enjoyed uh that particular comparison, I think it's

82
00:04:52,960 --> 00:04:56,320
Speaker 1: one will definitely continue to hear UM as her legacy

83
00:04:57,080 --> 00:05:00,679
Speaker 1: continues to grow. She also just a be a little

84
00:05:00,680 --> 00:05:03,160
Speaker 1: more personal about this, Greg. She was part of a

85
00:05:03,240 --> 00:05:07,920
Speaker 1: partnership with Marty Ginsburg, a very very distinguished, very respected

86
00:05:08,200 --> 00:05:11,400
Speaker 1: tax layer and and as diminutive as she was, and

87
00:05:11,440 --> 00:05:13,360
Speaker 1: frankly as quiet and shy, I spent a firm on

88
00:05:13,400 --> 00:05:16,719
Speaker 1: a time with her. She was not really outspoken. Marty

89
00:05:16,800 --> 00:05:20,560
Speaker 1: was the opposite of that. Yeah, he sure was. Uh.

90
00:05:20,839 --> 00:05:23,120
Speaker 1: You know, he was a very engaging person. He was

91
00:05:23,200 --> 00:05:26,839
Speaker 1: the chef of the family. She admitted that she was

92
00:05:26,880 --> 00:05:29,000
Speaker 1: a terrible cook and he did most of the cooking.

93
00:05:29,520 --> 00:05:32,479
Speaker 1: But as you said, they were a true partnership. And

94
00:05:32,520 --> 00:05:35,080
Speaker 1: one of the stories that was most told about her

95
00:05:35,200 --> 00:05:39,080
Speaker 1: is is when she was in law school. Uh, he

96
00:05:39,640 --> 00:05:44,479
Speaker 1: contracted cancer and while he he was also in law school,

97
00:05:44,520 --> 00:05:48,800
Speaker 1: and she helped take care of him. She went she

98
00:05:48,800 --> 00:05:50,760
Speaker 1: she stayed on as a as a law student, did

99
00:05:50,760 --> 00:05:53,440
Speaker 1: her own studies, She went to his classes, took notes

100
00:05:53,520 --> 00:05:56,760
Speaker 1: for him. Uh, and she took care of their young daughter,

101
00:05:57,080 --> 00:06:01,080
Speaker 1: all at the same time. Uh. And when time for

102
00:06:01,120 --> 00:06:04,320
Speaker 1: her to be in the spotlight on the Federal Appeals

103
00:06:04,320 --> 00:06:07,160
Speaker 1: Court and then the Supreme Court, he was her biggest

104
00:06:07,200 --> 00:06:09,520
Speaker 1: supporter and couldn't have been more proud of her and

105
00:06:09,560 --> 00:06:12,240
Speaker 1: that was part of one of what people loved about

106
00:06:12,279 --> 00:06:15,760
Speaker 1: Ruth Bader Ginsburg was that she showed both that a

107
00:06:15,760 --> 00:06:19,159
Speaker 1: woman could have an incredibly successful career and have a

108
00:06:19,279 --> 00:06:22,880
Speaker 1: very loving marriage. Okay, many thanks to Bloomberg News Supreme

109
00:06:22,880 --> 00:06:26,000
Speaker 1: Court reporter Greg Store and Bloomberg Law Supreme Court reporter

110
00:06:26,080 --> 00:06:29,120
Speaker 1: Kimberly Strawbridge. Robinson will hear more from them later in

111
00:06:29,160 --> 00:06:32,520
Speaker 1: the program, but first we'll hear from the Justice herself.

112
00:06:32,920 --> 00:06:37,320
Speaker 1: The challenges and the accomplishments Ruth Bader Ginsburg, the Justice

113
00:06:37,360 --> 00:06:40,560
Speaker 1: faced in her own words, that's straight ahead on this

114
00:06:40,600 --> 00:06:44,520
Speaker 1: Bloomberg Law special. I'm David Weston, and this is Bloomberg.

115
00:06:53,920 --> 00:06:56,560
Speaker 1: This is a Bloomberg Law special the life, death and

116
00:06:56,680 --> 00:07:00,200
Speaker 1: Legacy of Ruth Bader Ginsberg. I'm David Weston, so Reme

117
00:07:00,240 --> 00:07:02,920
Speaker 1: Court Justice Ruth Bader Ginsburg has passed away at the

118
00:07:02,960 --> 00:07:06,680
Speaker 1: age of eight seven. She died from complications from pancreatic cancer,

119
00:07:06,920 --> 00:07:10,960
Speaker 1: surrounded by her family at her home in Washington. Ginsburg's

120
00:07:10,960 --> 00:07:14,400
Speaker 1: twenty seven years in the High Court were marked by notoriety, challenges,

121
00:07:14,440 --> 00:07:17,840
Speaker 1: and sometimes controversy. In October of last year, she sat

122
00:07:17,840 --> 00:07:21,080
Speaker 1: down for an extended interview with David Rubinstein on his

123
00:07:21,160 --> 00:07:24,320
Speaker 1: show Peer to Peer Conversations, and they look back at

124
00:07:24,320 --> 00:07:26,640
Speaker 1: her body of work and the mark she made on

125
00:07:26,840 --> 00:07:29,800
Speaker 1: US law. We bring you some of that conversation. Now

126
00:07:30,120 --> 00:07:35,600
Speaker 1: here's David Rubinstein speaking with Ruth Bader Ginsburg just last year. Now,

127
00:07:35,800 --> 00:07:38,680
Speaker 1: in your Harvard Law school class, you did extremely well,

128
00:07:38,720 --> 00:07:41,840
Speaker 1: and you got onto the Harvard Law Review, and you

129
00:07:41,880 --> 00:07:44,040
Speaker 1: were near the top of your class, maybe first or

130
00:07:44,080 --> 00:07:46,440
Speaker 1: tied for first in your class. But then when your

131
00:07:46,560 --> 00:07:49,880
Speaker 1: husband needed to move to New York, um, you wanted

132
00:07:49,880 --> 00:07:53,120
Speaker 1: to transfer to Columbia Law School, and the dean of

133
00:07:53,160 --> 00:07:55,240
Speaker 1: the Harvard Law School didn't think that was such a

134
00:07:55,280 --> 00:07:57,520
Speaker 1: great idea if you wanted to be a Harvard graduate.

135
00:07:57,600 --> 00:08:02,400
Speaker 1: Is that correct had to spend my third year at Harvard.

136
00:08:02,760 --> 00:08:09,400
Speaker 1: The reason I didn't was Marty was diagnosed with testicular

137
00:08:09,480 --> 00:08:16,680
Speaker 1: tumor in his third year of law school. Those were

138
00:08:16,720 --> 00:08:22,240
Speaker 1: early days for cancer cure. There was no such thing

139
00:08:22,240 --> 00:08:28,520
Speaker 1: as chemotherapy. There was only massive radiation. We didn't know

140
00:08:31,600 --> 00:08:35,600
Speaker 1: whether he would survive. And I didn't want to be

141
00:08:35,640 --> 00:08:38,920
Speaker 1: a single mom because Jane, my daughter, was fourteen months

142
00:08:39,080 --> 00:08:42,520
Speaker 1: when I started law school, so we wanted to stay

143
00:08:42,559 --> 00:08:47,480
Speaker 1: together as a family money had a good job with

144
00:08:47,600 --> 00:08:52,839
Speaker 1: a firm in New York, and so I asked the dean.

145
00:08:53,240 --> 00:08:56,440
Speaker 1: I thought it would be an easy answer. If I

146
00:08:56,480 --> 00:09:00,600
Speaker 1: successfully complete my legal education at Columbia, may I have

147
00:09:00,720 --> 00:09:04,440
Speaker 1: a Harvard degree? Absolutely not, you must spend the third

148
00:09:04,520 --> 00:09:10,280
Speaker 1: year here. I had the perfect for butter because there

149
00:09:10,360 --> 00:09:14,160
Speaker 1: was a Cornell classmate of mine who had had her

150
00:09:14,200 --> 00:09:19,840
Speaker 1: first year of law school at Penn. She transferred into

151
00:09:19,920 --> 00:09:24,680
Speaker 1: our second year of class, and I said to the

152
00:09:24,760 --> 00:09:31,560
Speaker 1: d well Mrs Isselbacker will be We'll have her second

153
00:09:31,559 --> 00:09:37,240
Speaker 1: and third year and we'll earn a Harvard degree. But

154
00:09:37,440 --> 00:09:42,680
Speaker 1: it's I think universally understood that the first year of

155
00:09:42,760 --> 00:09:47,000
Speaker 1: law school is my father the most important. She has

156
00:09:47,120 --> 00:09:51,440
Speaker 1: year two and three. I have you wanted to It

157
00:09:51,480 --> 00:09:56,880
Speaker 1: should make no difference. But I was told a rule

158
00:09:57,000 --> 00:09:58,920
Speaker 1: is a rule, and that was so you went to

159
00:09:58,960 --> 00:10:01,280
Speaker 1: Columbia Law School, and your claw law degree is from

160
00:10:01,320 --> 00:10:04,360
Speaker 1: Columbia's right, Okay? And you did extremely well at Columbia

161
00:10:04,400 --> 00:10:07,520
Speaker 1: Law School on a review there as well, so on

162
00:10:07,640 --> 00:10:10,360
Speaker 1: the Harvard Law Review and the Columbia Law Review, you

163
00:10:10,480 --> 00:10:15,600
Speaker 1: were flooded with job offers from the major law firm.

164
00:10:15,720 --> 00:10:18,640
Speaker 1: There wasn't a single firm in the entire city of

165
00:10:18,760 --> 00:10:22,400
Speaker 1: New York that would take a chance on me. And

166
00:10:22,440 --> 00:10:25,880
Speaker 1: I have said that had three strikes against me. When

167
00:10:25,920 --> 00:10:31,000
Speaker 1: I was Jewish and the Wall Street firms were just

168
00:10:31,240 --> 00:10:39,600
Speaker 1: beginning to welcome Jews. Then I was a woman. But

169
00:10:39,720 --> 00:10:45,120
Speaker 1: the absolute killer I was a mother, because my daughter

170
00:10:45,200 --> 00:10:48,080
Speaker 1: was four years old when I graduated from law school.

171
00:10:48,760 --> 00:10:52,480
Speaker 1: So employers who might take a chance on a woman,

172
00:10:52,920 --> 00:10:55,880
Speaker 1: We're not prepared to take a chance on a mother.

173
00:10:56,600 --> 00:10:59,520
Speaker 1: So one of your law professors, Professor Gunther, got you

174
00:11:00,080 --> 00:11:04,680
Speaker 1: um after many efforts to clerkship with Judge Palmieri. Was

175
00:11:04,720 --> 00:11:09,400
Speaker 1: that easy to do for him because you were a mother. Yes,

176
00:11:09,440 --> 00:11:11,600
Speaker 1: he had no qualms about a woman. He had had

177
00:11:12,200 --> 00:11:16,120
Speaker 1: a woman as a low clerk before. But he was concerned.

178
00:11:18,240 --> 00:11:20,840
Speaker 1: The Southern District of New York is a busy court

179
00:11:21,000 --> 00:11:26,200
Speaker 1: and sometimes he would need a law crook's aid, even

180
00:11:26,280 --> 00:11:31,520
Speaker 1: on a Sunday. So Professor n I found him out

181
00:11:31,640 --> 00:11:34,000
Speaker 1: about this years later, I didn't know at the time,

182
00:11:35,720 --> 00:11:40,360
Speaker 1: said to Judge Palmieri, give her a chance, and if

183
00:11:40,400 --> 00:11:44,240
Speaker 1: she doesn't work out, there's a young man in a

184
00:11:44,360 --> 00:11:48,440
Speaker 1: class who's going to a downtown firm. You will jump

185
00:11:48,520 --> 00:11:53,400
Speaker 1: in and take over. And that was the carrot. It

186
00:11:53,559 --> 00:11:57,560
Speaker 1: was also a stick, and the stick was if you

187
00:11:57,640 --> 00:12:02,880
Speaker 1: don't give her a chance, I will never recommend another

188
00:12:03,000 --> 00:12:08,280
Speaker 1: Columbia student. Um, that's how That's how it was for

189
00:12:08,960 --> 00:12:13,079
Speaker 1: women of my vintages. Getting the first job was powerfully hard.

190
00:12:14,080 --> 00:12:17,600
Speaker 1: So after your clerkship you ultimately got a position as

191
00:12:17,640 --> 00:12:23,360
Speaker 1: a law professor at Rutgers. Yes, with an interview when

192
00:12:23,360 --> 00:12:27,439
Speaker 1: I was working for the Columbia Project on International Procedure

193
00:12:28,679 --> 00:12:30,800
Speaker 1: and how did you get connected to the a c

194
00:12:31,040 --> 00:12:36,640
Speaker 1: l U and and your trailblazing efforts in gender discrimination

195
00:12:36,679 --> 00:12:42,199
Speaker 1: and gender law became about chers from my students at

196
00:12:42,240 --> 00:12:48,160
Speaker 1: Rutgers who wanted a course on women in the law.

197
00:12:49,360 --> 00:12:53,000
Speaker 1: So I repaired to the library and inside of a

198
00:12:53,120 --> 00:12:57,640
Speaker 1: month I had read every federal decision ever written about

199
00:12:59,160 --> 00:13:02,920
Speaker 1: gender based stinctions in the law. It was no mean feat.

200
00:13:02,960 --> 00:13:07,840
Speaker 1: There was precious little. And at the same time, new

201
00:13:07,880 --> 00:13:11,280
Speaker 1: complaints were coming into the New Jersey affiliate of the

202
00:13:11,320 --> 00:13:15,520
Speaker 1: a c l U, complaints of the kind the a

203
00:13:15,640 --> 00:13:19,560
Speaker 1: c r you had not seen before. One group of

204
00:13:19,600 --> 00:13:25,440
Speaker 1: complainants were public school teachers who were put on so

205
00:13:25,600 --> 00:13:32,240
Speaker 1: called maternity leave when their pregnancy began to show because

206
00:13:32,400 --> 00:13:36,240
Speaker 1: the school district worried. We don't want their little children

207
00:13:36,240 --> 00:13:46,080
Speaker 1: to think their teachers swallowed a watermelon. These women were

208
00:13:47,400 --> 00:13:51,400
Speaker 1: the lead, was unpaid, and there was no guaranteed right

209
00:13:51,720 --> 00:13:58,080
Speaker 1: to return. They began to complain. So it was the

210
00:13:58,120 --> 00:14:01,080
Speaker 1: two things coming together. The student is wanting to learn

211
00:14:01,160 --> 00:14:06,520
Speaker 1: about the women's status under the law and these new

212
00:14:06,600 --> 00:14:11,440
Speaker 1: complainants coming to the a c U. And for me,

213
00:14:11,640 --> 00:14:17,080
Speaker 1: it was such a tremendous stroke of good fortune because

214
00:14:17,200 --> 00:14:22,800
Speaker 1: up until the start of the seventies it simply wasn't

215
00:14:22,840 --> 00:14:29,000
Speaker 1: possible to move courts in the direction of recognizing women

216
00:14:29,040 --> 00:14:35,720
Speaker 1: as people of equal citizenship statue. That's Supreme Court Justice

217
00:14:35,800 --> 00:14:39,240
Speaker 1: Ruth Bader Ginsburg speaking with David Rubinstein in October of

218
00:14:39,320 --> 00:14:42,600
Speaker 1: last year. She passed away this week at the age

219
00:14:42,640 --> 00:14:46,920
Speaker 1: of Stay tuned for more from Justice Ginsburg as we

220
00:14:46,960 --> 00:14:49,600
Speaker 1: look back on the legacy left by her twenty seven

221
00:14:49,680 --> 00:14:52,480
Speaker 1: years on the High Court. That's coming up on this

222
00:14:52,520 --> 00:14:56,440
Speaker 1: Bloomberg Law special. I'm David Weston, and this is Bloomberg.

223
00:15:00,280 --> 00:15:02,560
Speaker 1: This is a Bloomberg Law special the life, death and

224
00:15:02,680 --> 00:15:06,680
Speaker 1: legacy of Ruth Bader Ginsburg. I'm David Weston, Supreme Court

225
00:15:06,720 --> 00:15:09,360
Speaker 1: Justice Ruth Bader Ginsburg has passed away at the age

226
00:15:09,400 --> 00:15:13,240
Speaker 1: of eighty seven. She died due to complications from pancreatic cancer,

227
00:15:13,320 --> 00:15:17,240
Speaker 1: surrounded by her family at her home in Washington. Ginsburg's

228
00:15:17,240 --> 00:15:19,640
Speaker 1: twenty seven years in the High Court were historic, to

229
00:15:19,680 --> 00:15:22,920
Speaker 1: say the least. She fought tirelessly to advance the rights

230
00:15:22,920 --> 00:15:25,240
Speaker 1: of women. She built a record as one of the

231
00:15:25,280 --> 00:15:29,680
Speaker 1: most liberal justices, supporting gay rights, abortion rights, and restrictions

232
00:15:29,680 --> 00:15:32,360
Speaker 1: on the death penalty. In October of last year, she

233
00:15:32,400 --> 00:15:35,640
Speaker 1: sat down for an extended interview with David Rubinstein on

234
00:15:35,760 --> 00:15:38,960
Speaker 1: his show Peer to Peer Conversations, looking back at her

235
00:15:39,000 --> 00:15:41,880
Speaker 1: body of work and the mark she made on US law.

236
00:15:42,440 --> 00:15:45,120
Speaker 1: Let's bring you more of that conversation. Now here's David

237
00:15:45,160 --> 00:15:48,440
Speaker 1: Rubinstein speaking with Ruth Bader Ginsburg. Just last year. You

238
00:15:48,560 --> 00:15:50,760
Speaker 1: won a number of cases for the h L you

239
00:15:51,120 --> 00:15:54,760
Speaker 1: on gender discrimination and became quite well known. You later

240
00:15:54,800 --> 00:15:58,880
Speaker 1: thought at Columbia, But um, you were asked to go

241
00:15:59,000 --> 00:16:02,800
Speaker 1: onto the US Court of Appeals a district of Columbia

242
00:16:03,600 --> 00:16:07,360
Speaker 1: by President Carter. Were you surprised to get that appointment that?

243
00:16:07,480 --> 00:16:08,880
Speaker 1: Did you want to be a judge or were you

244
00:16:08,920 --> 00:16:16,480
Speaker 1: happy to be a professor? President Hard deserves enormous credit

245
00:16:17,760 --> 00:16:21,120
Speaker 1: for what the federal bench looks like today. When he

246
00:16:21,160 --> 00:16:27,360
Speaker 1: became president, he noticed that the federal judges all looked

247
00:16:27,360 --> 00:16:30,720
Speaker 1: like him. That is, they were all white, and they

248
00:16:30,720 --> 00:16:35,360
Speaker 1: were all male. And Carter appreciated that that's not how

249
00:16:35,480 --> 00:16:40,080
Speaker 1: the Great United States looks. So he was determined to

250
00:16:40,200 --> 00:16:46,480
Speaker 1: put women and members of minority groups on the federal

251
00:16:46,520 --> 00:16:52,560
Speaker 1: courts in numbers, not as one of the time curiosities.

252
00:16:54,040 --> 00:16:56,920
Speaker 1: I think he appointed over twenty five women to district

253
00:16:56,960 --> 00:17:03,520
Speaker 1: court judgeships, and eleven love and women to courts of appeals,

254
00:17:03,520 --> 00:17:07,480
Speaker 1: and I was I think the last of the duly eleven.

255
00:17:07,800 --> 00:17:10,560
Speaker 1: So you sure thirteen years on the Court of Appeals

256
00:17:10,600 --> 00:17:13,800
Speaker 1: in dis Try, Columbia. And after thirteen years, did you

257
00:17:13,840 --> 00:17:15,560
Speaker 1: think you had a chance to be on the Supreme

258
00:17:15,600 --> 00:17:17,640
Speaker 1: Court or do you think this was something that might

259
00:17:17,680 --> 00:17:22,159
Speaker 1: never happen. No one thinks my aim in life is

260
00:17:22,200 --> 00:17:24,960
Speaker 1: to be a Supreme Court justice. It just isn't realistic.

261
00:17:25,040 --> 00:17:28,959
Speaker 1: There are only nine of us, and luck has a

262
00:17:28,960 --> 00:17:32,800
Speaker 1: lot to do with who are the particular nine in

263
00:17:32,840 --> 00:17:38,720
Speaker 1: a particular time. So growing up, I never had an

264
00:17:38,760 --> 00:17:41,520
Speaker 1: idea of being any kind of a judge, which, as

265
00:17:41,520 --> 00:17:46,280
Speaker 1: I said, women were barely there on the bench. When

266
00:17:46,880 --> 00:17:50,560
Speaker 1: when Carter became president there was only one woman on

267
00:17:50,680 --> 00:17:54,440
Speaker 1: a federal Court of Appeals, she would surely have Stetler

268
00:17:54,520 --> 00:17:58,080
Speaker 1: on the Ninth Circuit. He made her the first ever

269
00:17:58,280 --> 00:18:03,440
Speaker 1: Secretary of Education, and then they were none again. Caught.

270
00:18:03,440 --> 00:18:07,040
Speaker 1: It changed that and no president ever went back to

271
00:18:07,160 --> 00:18:10,720
Speaker 1: the way it was. Reagan didn't want to be outdone

272
00:18:10,760 --> 00:18:14,439
Speaker 1: by Carnor, so he was determined to put the first

273
00:18:14,480 --> 00:18:18,879
Speaker 1: woman on the U. S. Supreme Court. He made a

274
00:18:18,960 --> 00:18:22,960
Speaker 1: nationwide search and came up with a spectacular choice and

275
00:18:23,800 --> 00:18:29,600
Speaker 1: Justice Sandra Day O'Connor. When President Clinton became president, um,

276
00:18:29,680 --> 00:18:34,320
Speaker 1: you were obviously somebody being considered. And then President Clinton

277
00:18:34,359 --> 00:18:37,439
Speaker 1: talked to somebody who was pushing for your appointment, Daniel

278
00:18:37,480 --> 00:18:41,800
Speaker 1: Patrick moynihan, and President Clinton said, well, women don't want her. Now,

279
00:18:41,840 --> 00:18:44,520
Speaker 1: How could that have been the case when you were

280
00:18:44,560 --> 00:18:47,879
Speaker 1: the leading lawyer in gender discrimination. Why would women have

281
00:18:48,000 --> 00:18:50,080
Speaker 1: not wanted you or some women not wanted you on

282
00:18:50,119 --> 00:18:56,320
Speaker 1: the Supreme Court? Just some women, most women who were

283
00:18:56,400 --> 00:19:02,600
Speaker 1: over overwhelming support of overwhelmingly supported by nomination. But I

284
00:19:02,680 --> 00:19:10,200
Speaker 1: had written a comment on Roe v. Wade, and it

285
00:19:10,280 --> 00:19:17,200
Speaker 1: was not a m applauding that decision. What I said

286
00:19:17,400 --> 00:19:22,320
Speaker 1: was the Court had an easy target because the Texas

287
00:19:22,400 --> 00:19:27,680
Speaker 1: law was the most extreme in the nation. Abortion could

288
00:19:27,680 --> 00:19:32,719
Speaker 1: be had only if necessary to save the woman's life.

289
00:19:33,600 --> 00:19:36,760
Speaker 1: Doesn't matter that our health would be ruined. Achieve was

290
00:19:36,840 --> 00:19:40,720
Speaker 1: the victim of rape boy and says I thought Roe v.

291
00:19:40,840 --> 00:19:43,640
Speaker 1: Wade was an easy case in the Supreme Court could

292
00:19:43,720 --> 00:19:47,760
Speaker 1: have held that most extreme law unconstitutional and put down

293
00:19:47,800 --> 00:19:53,600
Speaker 1: its pen. Instead, the Court wrote an opinion that made

294
00:19:53,680 --> 00:20:01,280
Speaker 1: every abortion restriction in the country illegal in one fell swoop.

295
00:20:02,280 --> 00:20:06,679
Speaker 1: And that was not the way that the Court ordinarily outperates.

296
00:20:07,040 --> 00:20:11,160
Speaker 1: You know, it waits, it waits till the next case,

297
00:20:11,240 --> 00:20:17,160
Speaker 1: in the next case. Anyway, it was that that some

298
00:20:17,200 --> 00:20:22,800
Speaker 1: women felt that I should have been in favor of Rov. Wade,

299
00:20:22,800 --> 00:20:27,040
Speaker 1: and because I wasn't. So the President Clinton met with

300
00:20:27,080 --> 00:20:30,000
Speaker 1: you and obviously had a good meeting, and he offered

301
00:20:30,040 --> 00:20:34,360
Speaker 1: you the appointment, and the confirmation went pretty well. Would

302
00:20:34,400 --> 00:20:38,439
Speaker 1: you say ninety six to three years, I'd say that

303
00:20:38,600 --> 00:20:43,119
Speaker 1: was That's Supreme Court Justice Ruth Vader Ginsburg speaking with

304
00:20:43,200 --> 00:20:46,720
Speaker 1: David Rubinstein in October of last year. She passed away

305
00:20:46,760 --> 00:20:50,480
Speaker 1: this week at the age of stay tuned for more

306
00:20:50,520 --> 00:20:53,680
Speaker 1: from Justice Ginsburg, plus a preview of what's sure to

307
00:20:53,760 --> 00:20:57,560
Speaker 1: be a contentious fight to name her replacement that's coming

308
00:20:57,640 --> 00:21:01,000
Speaker 1: up on this Bloomberg Law special. I'm David Weston, and

309
00:21:01,119 --> 00:21:08,080
Speaker 1: this is Bloomberg. This is a Bloomberg Law special The life,

310
00:21:08,119 --> 00:21:11,920
Speaker 1: death and Legacy of Ruth Bader Ginsburg. I'm David Weston.

311
00:21:12,320 --> 00:21:15,760
Speaker 1: Supreme Court Justice Ruth Bader Ginsburg has passed away at

312
00:21:15,800 --> 00:21:19,280
Speaker 1: the age of eight seven. She died from complications from

313
00:21:19,320 --> 00:21:23,639
Speaker 1: pancreatic cancer, surrounded by her family at her home in Washington.

314
00:21:24,040 --> 00:21:27,159
Speaker 1: Ginsburg's twenty seven years in the High Court were marked

315
00:21:27,200 --> 00:21:31,800
Speaker 1: by notoriety, challenges, and sometimes controversy. In October of last year,

316
00:21:31,840 --> 00:21:34,560
Speaker 1: she sat down for an extended interview with David Rubinstein

317
00:21:34,720 --> 00:21:37,520
Speaker 1: on his show Peer to Peer Conversations. We bring you

318
00:21:37,600 --> 00:21:41,080
Speaker 1: our final installment of that conversation. Now here's David Rubinstein

319
00:21:41,400 --> 00:21:45,040
Speaker 1: speaking with Ruth Bader Ginsburg last year. Now, been on

320
00:21:45,080 --> 00:21:49,280
Speaker 1: the court for twenty six years, and therefore total, you've

321
00:21:49,280 --> 00:21:52,639
Speaker 1: been on the federal judiciary for thirty nine years, so

322
00:21:52,760 --> 00:21:55,040
Speaker 1: on twenty six years on the Supreme Court. When you

323
00:21:55,119 --> 00:21:58,280
Speaker 1: first got on the court, where the other justice saying

324
00:21:58,280 --> 00:22:00,440
Speaker 1: we're happy to see you here. Let's go have dinner

325
00:22:00,440 --> 00:22:03,960
Speaker 1: together at Socialized or were they just kind of stand

326
00:22:04,000 --> 00:22:06,920
Speaker 1: office a bid? And what was your relationship with Sandra

327
00:22:07,000 --> 00:22:08,960
Speaker 1: Day O'Connor like when you got on the court as

328
00:22:08,960 --> 00:22:12,800
Speaker 1: a second woman on the court, the court wasn't an

329
00:22:12,880 --> 00:22:15,560
Speaker 1: unknown territory to me. I mean it worked at the

330
00:22:15,560 --> 00:22:20,679
Speaker 1: Court of Appeals as a few blocks down the road. Um,

331
00:22:20,760 --> 00:22:25,200
Speaker 1: and every once in a while, Judge David Basilon, who

332
00:22:25,320 --> 00:22:31,080
Speaker 1: was quite senior, would call me and and say, Ruth,

333
00:22:31,119 --> 00:22:35,800
Speaker 1: we're going to Cronheim's for lunch. Who was Cronheim. He

334
00:22:35,880 --> 00:22:39,399
Speaker 1: was the biggest liquor and distributor in the DC area.

335
00:22:39,960 --> 00:22:44,240
Speaker 1: And before we went to his warehouse, we would stop

336
00:22:44,240 --> 00:22:47,399
Speaker 1: at the Supreme Court and pick up Justice Brennan and

337
00:22:47,520 --> 00:22:57,119
Speaker 1: Justice Marshall, and I knew Justice Scalia from Court of

338
00:22:57,119 --> 00:23:01,879
Speaker 1: Appeals days together. I knew Justice Clarence Thomas, who was

339
00:23:01,960 --> 00:23:08,840
Speaker 1: also on the DC circuit. But Sandra was as close

340
00:23:08,840 --> 00:23:13,040
Speaker 1: as I came to having a big sister. You know.

341
00:23:13,200 --> 00:23:16,359
Speaker 1: I did have a big sister, but she died in

342
00:23:16,440 --> 00:23:20,920
Speaker 1: my infancy, so I never knew her. Justice So Colma

343
00:23:21,119 --> 00:23:27,960
Speaker 1: was the most welcoming, gave me some very good advice

344
00:23:28,119 --> 00:23:33,159
Speaker 1: not only when I was a new justice, but during

345
00:23:33,160 --> 00:23:39,280
Speaker 1: my first cance about because Justice O'Connor had breast cancer

346
00:23:41,160 --> 00:23:45,680
Speaker 1: and she was on the bench nine days after her

347
00:23:46,160 --> 00:23:52,600
Speaker 1: cancer surgery. So she was very clear about what I

348
00:23:52,640 --> 00:23:55,760
Speaker 1: had to do. She said, Ruth, you have your chemotherapy

349
00:23:55,880 --> 00:23:59,160
Speaker 1: on a Friday. That way you'll get over it. During

350
00:23:59,200 --> 00:24:04,879
Speaker 1: the weekend you can be bad. Oh. Now, the best

351
00:24:04,920 --> 00:24:08,920
Speaker 1: way to win a case if you're arguing one before

352
00:24:08,960 --> 00:24:11,280
Speaker 1: the Supreme Court is it to write a great brief,

353
00:24:11,600 --> 00:24:14,640
Speaker 1: to write a to be a great oral advocate. Does

354
00:24:14,640 --> 00:24:16,760
Speaker 1: it the oral argument really make a difference, or to

355
00:24:16,840 --> 00:24:18,840
Speaker 1: brief really make a difference? Or what's the best way

356
00:24:18,880 --> 00:24:21,119
Speaker 1: to win a case in the Supreme Court for somebody

357
00:24:21,119 --> 00:24:24,800
Speaker 1: who might want to argue a case. I do have

358
00:24:24,880 --> 00:24:28,760
Speaker 1: a case that's strong on the merits. No, and all

359
00:24:29,040 --> 00:24:33,600
Speaker 1: arguments at the court is not a debate, And I'd say,

360
00:24:33,600 --> 00:24:37,480
Speaker 1: and the two components of pellat advocacy. The brief is

361
00:24:37,520 --> 00:24:40,000
Speaker 1: by far the most important. It's what we start with

362
00:24:40,960 --> 00:24:43,000
Speaker 1: and what we end up with when we go back

363
00:24:43,040 --> 00:24:47,119
Speaker 1: to chambers. Over argument is fleeting. The court meets from

364
00:24:47,119 --> 00:24:51,560
Speaker 1: October to June more or less. So what do the

365
00:24:51,680 --> 00:24:55,920
Speaker 1: justices do in July and August. Do they sit around

366
00:24:55,960 --> 00:25:00,800
Speaker 1: reading briefs or they do other things. The one business

367
00:25:00,840 --> 00:25:05,560
Speaker 1: that follows us all over the world throughout the is

368
00:25:05,600 --> 00:25:09,080
Speaker 1: the death penalty business, which the Court treats like a

369
00:25:09,200 --> 00:25:17,160
Speaker 1: firing squad. Very often, when an execution date is set,

370
00:25:17,440 --> 00:25:23,080
Speaker 1: there's an eleventh hour application for a stay. No one

371
00:25:23,200 --> 00:25:28,040
Speaker 1: justice is responsible for the final vote. We all up

372
00:25:28,119 --> 00:25:32,600
Speaker 1: polled wherever we are in the world. But in addition,

373
00:25:33,359 --> 00:25:39,520
Speaker 1: most of us take some time off to teach. So today,

374
00:25:40,040 --> 00:25:44,000
Speaker 1: when you were thinking about the Court, what is it

375
00:25:44,040 --> 00:25:46,280
Speaker 1: that gives you the greatest hope for the future about

376
00:25:46,280 --> 00:25:48,679
Speaker 1: the Court and the way it works. I think that

377
00:25:48,840 --> 00:25:54,120
Speaker 1: all of us revere the institution for which we were

378
00:25:55,480 --> 00:26:00,760
Speaker 1: and we want to leave it in as good shape

379
00:26:01,280 --> 00:26:04,760
Speaker 1: as we found it. That's Supreme Court Justice Ruth Bader

380
00:26:04,840 --> 00:26:08,240
Speaker 1: Ginsburg speaking with David Rubinstein in October of last year.

381
00:26:08,600 --> 00:26:11,600
Speaker 1: She passed away this week at the age of seven.

382
00:26:12,000 --> 00:26:15,280
Speaker 1: For some final thoughts on Justice Ginsburg's legacy, we welcome

383
00:26:15,320 --> 00:26:18,800
Speaker 1: back now Bloomberg News Supreme Court reporter Greg Store and

384
00:26:18,880 --> 00:26:23,440
Speaker 1: Bloomberg Law Supreme Court reporter Kimberly Strawbridge Robinson so Kimberly,

385
00:26:23,720 --> 00:26:25,399
Speaker 1: let me start with you. I mean, this is a

386
00:26:25,520 --> 00:26:27,600
Speaker 1: terrible loss for the Court, for the nation. I think

387
00:26:27,640 --> 00:26:29,760
Speaker 1: it's fair to say, whatever you thought when you agreed

388
00:26:29,800 --> 00:26:32,240
Speaker 1: to disagree with her, she was a towering force. At

389
00:26:32,240 --> 00:26:35,000
Speaker 1: the same time, life goes on, the Supreme Court goes on.

390
00:26:35,320 --> 00:26:38,200
Speaker 1: What comes next, Particularly, we now have the majority of

391
00:26:38,200 --> 00:26:41,320
Speaker 1: the Michilconte already saying they're going to vote on a

392
00:26:41,400 --> 00:26:45,359
Speaker 1: nominee from President Trump while President Trump is in office

393
00:26:45,400 --> 00:26:48,840
Speaker 1: before the before the election is over, right, and the

394
00:26:48,880 --> 00:26:52,800
Speaker 1: timeline to the election seems pretty close to be able

395
00:26:52,920 --> 00:26:56,760
Speaker 1: to confirm someone before the upcoming election. So we're looking

396
00:26:57,320 --> 00:27:00,480
Speaker 1: for someone potentially in a lame duck session and potentially

397
00:27:00,960 --> 00:27:05,520
Speaker 1: um with an administration that's on its way out. Nevertheless,

398
00:27:05,640 --> 00:27:08,480
Speaker 1: Mitch McConnell has said that he is going to give

399
00:27:09,080 --> 00:27:11,760
Speaker 1: any Trump nominee a vote, and it is sure to

400
00:27:11,800 --> 00:27:15,880
Speaker 1: be a firestorm here in Washington, d c um. Of course,

401
00:27:16,000 --> 00:27:20,879
Speaker 1: many people may remember that in as President Obama was

402
00:27:20,920 --> 00:27:24,800
Speaker 1: getting ready to leave the White House, Republicans famously left

403
00:27:24,840 --> 00:27:29,280
Speaker 1: open a nomination that Merrick Garland had been nominated to

404
00:27:29,560 --> 00:27:32,520
Speaker 1: and so we'll likely see a lot of references to

405
00:27:32,600 --> 00:27:36,000
Speaker 1: that and um, some questioning about how this isn't the same,

406
00:27:36,040 --> 00:27:38,920
Speaker 1: although we've already seen Mitch McConnell trying to come out

407
00:27:38,960 --> 00:27:43,480
Speaker 1: and say that these situations are different. Yeah, great story. Obviously,

408
00:27:43,920 --> 00:27:46,399
Speaker 1: the Merrick Garland case will be talked about quite a

409
00:27:46,400 --> 00:27:49,640
Speaker 1: bit given what happened there in the very prolonged delay

410
00:27:49,720 --> 00:27:52,800
Speaker 1: in considering that the Supreme Court doesn't get involved in politics,

411
00:27:52,840 --> 00:27:54,920
Speaker 1: at least tries to stay not involved. But at the

412
00:27:54,960 --> 00:27:57,239
Speaker 1: same time, the Supreme Court does not like to be

413
00:27:57,359 --> 00:28:00,159
Speaker 1: the center of political controversy. They are not comfortable being

414
00:28:00,200 --> 00:28:03,760
Speaker 1: in that place now. They're absolutely not. And uh, you know,

415
00:28:03,800 --> 00:28:06,120
Speaker 1: one would imagine the Court will try to lay low

416
00:28:06,560 --> 00:28:10,080
Speaker 1: as best it can, uh in in the short term

417
00:28:10,119 --> 00:28:12,520
Speaker 1: at least, but it's really not up to the court.

418
00:28:12,640 --> 00:28:14,920
Speaker 1: Right now, the court is going to be a political

419
00:28:15,000 --> 00:28:18,440
Speaker 1: issue because so much is at stake with this seat. Uh,

420
00:28:18,480 --> 00:28:21,719
Speaker 1: and especially given that it's happening, uh, you know, just

421
00:28:21,760 --> 00:28:25,040
Speaker 1: a few weeks before presidential election, with all the controversy

422
00:28:25,119 --> 00:28:28,399
Speaker 1: that Kimberly was talking about. How about with regard to

423
00:28:28,560 --> 00:28:32,680
Speaker 1: how President Obama's selection of Merrick Garland wasn't even taken

424
00:28:32,760 --> 00:28:36,200
Speaker 1: up by Mitch McConnell and the Republicans. So the court

425
00:28:36,320 --> 00:28:38,520
Speaker 1: is going to be a political issue, and a huge

426
00:28:38,560 --> 00:28:42,240
Speaker 1: political issue, whether it likes it or not. Kimberly, it's

427
00:28:42,360 --> 00:28:45,160
Speaker 1: it's too early to start speculating, but we'll do it anyway.

428
00:28:45,560 --> 00:28:47,480
Speaker 1: This has put a lot of pressure on President Trump

429
00:28:47,560 --> 00:28:52,960
Speaker 1: to pick a woman of whatever particular judicial constraints. She

430
00:28:53,120 --> 00:28:56,760
Speaker 1: is a woman is a practical matter. Well, perhaps we

431
00:28:56,800 --> 00:29:00,320
Speaker 1: have seen that historically Supreme Court seems how have been

432
00:29:00,440 --> 00:29:04,320
Speaker 1: dubbed for certain kinds of nominees, and it may be

433
00:29:04,600 --> 00:29:07,480
Speaker 1: that the Trump administration feels pressure to nominate a woman.

434
00:29:07,960 --> 00:29:13,080
Speaker 1: We already have several lists from President Trump naming potential nominees,

435
00:29:13,120 --> 00:29:15,600
Speaker 1: and there are a number of women on that list

436
00:29:15,680 --> 00:29:19,600
Speaker 1: who fit the credentials for being a Supreme Court nominee.

437
00:29:19,600 --> 00:29:25,160
Speaker 1: And so, uh, it'll be interesting to see where that develops. Yeah, Greg.

438
00:29:25,160 --> 00:29:27,600
Speaker 1: At the same time, as we look at Superpourt nominees,

439
00:29:27,760 --> 00:29:31,000
Speaker 1: there's some history here of presidents trying to pick nominees

440
00:29:31,000 --> 00:29:33,400
Speaker 1: who will vote a particular way and getting surprised. In fact,

441
00:29:33,600 --> 00:29:36,400
Speaker 1: it's possible the Repolicans are quite surprised right now by

442
00:29:36,400 --> 00:29:40,600
Speaker 1: the Chief Justice. Yeah, probably very surprised by the Chief Justice,

443
00:29:40,640 --> 00:29:43,320
Speaker 1: and maybe a little bit by Justice corsets, at least

444
00:29:43,360 --> 00:29:46,720
Speaker 1: in one big case uh last term, the case that

445
00:29:46,800 --> 00:29:50,800
Speaker 1: said that federal job discrimination law covers sexual orientation and

446
00:29:50,920 --> 00:29:55,160
Speaker 1: gender identity. UH. There may be even more pressure to

447
00:29:55,440 --> 00:29:59,920
Speaker 1: assure that this nominee will, for example, vote to overturn

448
00:30:00,000 --> 00:30:02,680
Speaker 1: the Roe v. Wade abortion rights ruling. The problem for

449
00:30:02,760 --> 00:30:05,640
Speaker 1: Republicans will be just that they don't have a whole

450
00:30:05,640 --> 00:30:07,880
Speaker 1: lot of margin for air here. They have a majority

451
00:30:07,920 --> 00:30:11,480
Speaker 1: in the Senate. They can get a nominee through, but

452
00:30:11,560 --> 00:30:14,440
Speaker 1: they don't have the luxury of time to really vet

453
00:30:14,440 --> 00:30:17,880
Speaker 1: a nominee to know exactly what he or she thinks. Uh.

454
00:30:17,920 --> 00:30:21,360
Speaker 1: And if something goes wrong with a nomination and a

455
00:30:21,400 --> 00:30:23,760
Speaker 1: person doesn't have the support, that may be the one

456
00:30:23,800 --> 00:30:25,680
Speaker 1: and only chance they have to get somebody on the

457
00:30:25,680 --> 00:30:30,720
Speaker 1: court and Kimberly. Finally, there were reports actually the Justice

458
00:30:30,800 --> 00:30:33,640
Speaker 1: Ruth Bader Ginsbick left behind a message that said she

459
00:30:33,760 --> 00:30:37,760
Speaker 1: hoped that the next president would choose her successor well.

460
00:30:37,840 --> 00:30:42,480
Speaker 1: Ruth Vader Ginsburg has not been a stranger to controversy

461
00:30:42,720 --> 00:30:47,000
Speaker 1: on presidents, and in particular this president. During the last

462
00:30:47,040 --> 00:30:51,719
Speaker 1: presidential election, she famously uh called President Trump a faker.

463
00:30:52,240 --> 00:30:55,280
Speaker 1: She later apologized. But she's certainly a woman who has

464
00:30:55,400 --> 00:30:58,560
Speaker 1: been known to have opinions and has been known to

465
00:30:58,600 --> 00:31:02,000
Speaker 1: make them known exactly. She she was not shy. She

466
00:31:02,080 --> 00:31:04,480
Speaker 1: might have been diminutive, even so spoken, but she was

467
00:31:04,520 --> 00:31:07,240
Speaker 1: never shy. I think that's fair to say. Okay, many

468
00:31:07,280 --> 00:31:09,960
Speaker 1: thanks now to Bloomberg News Supreme Court reporter Greg Store

469
00:31:10,200 --> 00:31:14,840
Speaker 1: and Bloomberg Law Supreme Court reporter Kimberly Strawbridge Robinson. This

470
00:31:14,880 --> 00:31:18,280
Speaker 1: is a Bloomberg Wolaw special looking back at the life, death,

471
00:31:18,360 --> 00:31:22,400
Speaker 1: and legacy of Ruth Bader Ginsburg. Justice. Ginsburg died from

472
00:31:22,440 --> 00:31:24,920
Speaker 1: complications from petrik had a cancer at the age of

473
00:31:24,960 --> 00:31:28,520
Speaker 1: eighty seven, surrounded by her family at her home in Washington.

474
00:31:28,960 --> 00:31:31,160
Speaker 1: Be sure to stay tuned to Bloomberg Radio in the

475
00:31:31,240 --> 00:31:34,160
Speaker 1: days and weeks ahead as we bring you the latest

476
00:31:34,240 --> 00:31:37,040
Speaker 1: on this story, with what's sure to be a fierce

477
00:31:37,080 --> 00:31:40,280
Speaker 1: fight in Washington over her replacement. Thank you very much

478
00:31:40,280 --> 00:31:43,640
Speaker 1: for listening. I'm David Weston and this is Bloomberg