Tuesday, July 4, 2023

On the Basis of Sex

Happy Independence Day everyone. For today, I would like to pay tribute to the late Justice Ruth Bader Ginsburg by reviewing her biographical film, “On the Basis of Sex,” released in 2018.

Nell Minow started her review by saying, “The university’s victory song extols the triumph of the Harvard men, as a sea of dark suits and wingtip shoes walk up the law school's steps. There is one turquoise dress, one pair of stockings with seams down the back.” It was only the sixth year since women were admitted to Harvard Law School and there were just nine women in the class. At a “welcoming” dinner, Dean Erwin Griswold, played by Sam Waterston, asks each of them to explain why she was taking a space that could have gone to a man. Ruth Bader Ginsburg, played by Felicity Jones, explains that her husband is in the second-year class and studying the law will help her “be a more patient and understanding wife.”

Was she saying that because she thought that was what he wanted to hear? This movie, written with high love by Justice Ginsburg’s nephew, Daniel Stiepleman, does not tell us. What it does tell us is that she would be understanding, at least some of the time, but never really patient. Minow said, “Before she was known for her feisty dissents, power work-outs, and “Gins-burns” portrayal on "Saturday Night Live" by Kate McKinnon, Ruth Bader Ginsburg was the pioneer litigator who argued cases that were as important to women’s rights as Brown v. Board of Education was to the rights of racial minorities.” And she would have two more encounters with Dean Griswold, each less patient than the one before.

Minow noted, ““RBG,” the well-crafted documentary released earlier this year, capably covers Justice Ginsburg’s life from schoolgirl to the Supreme Court.” Smartly, the film focuses on just two key elements: her wonderfully supportive marriage to the late tax attorney, Martin Ginsburg, played by Armie Hammer, and the one case they argued together, a landmark in outlawing discrimination “on the basis of sex.”

They were still in law school and the parents of a toddler when Martin Ginsburg was diagnosed with cancer. Ruth attended all of his classes along with her own and helped him to complete his coursework. Minow said, “She met with Dean Griswold to ask if he would allow her the same opportunity he had given male students to finish her last year elsewhere and still get a Harvard degree, making what in my law school days we would call a model argument based on precedent, logic, and the Socratic method.” He refused, and she graduated from Columbia, first in her class. Now law firm would hire her. She threw her dreams of advocacy away and taught law students instead. “You’ll teach the next generation how to fight for change,” the ever-optimistic Martin tells her. This is not one of the times she is patient, telling him, “I wanted to be the one fighting for change!”

Then, he finds a case – a tax case – that gives her that chance. The tax law would not allow a deduction for the expenses of an unmarried male caregiver, only a female. She sees that the best way to overturn laws that disadvantage women is to take on one that disadvantages men. It was probably just an error. The writers of the tax code failed to consider that an unmarried male might have the care of an elderly parent. However, Charles Moritz, played by Chris Mulkey, did, and the government, under the direction of Dean Griswold, now at the Justice Department, made three very big mistakes. Instead of modifying the rule, they decided to fight. They underestimated Ruth Bader Ginsburg.

Jones and Hammer make a believable couple, and they get strong support from the more imaginative characters, like Kathy Bates as original feminist attorney Dorothy Kenyon and Justin Theroux as Mel Wulf, legal director of the ACLU (and Justice Ginsburg’s former campmate, as we see in a nice musical number). Director Mimi Leder has a talent for telling detail and a great sense of pacing, especially in the scenes with the Ginsburg’s teenage daughter Jane, played by Cailee Spaeny, whose own spirited feminism shows her mother that it is time for the law to catch up with the culture.

Minow noted, “Stiepleman’s affection for his aunt and license as an insider are palpable as he gently, perhaps too gently, teases her seriousness of purpose, her discipline, and her legendarily awful cooking.” In one scene, Martin steals some leftovers from the baby’s high chair tray rather than eat his wife’s tuna-onion casserole. (He later switched over to cooking all the family’s meals, and Hammer shows off some Great British Baking Show-worthy knife skills.) Ginsburg’s determination never hesitates, but it is emotional to witness her growing realization that the world is catching up to her vision, and is ready for her voice.

This is a very good movie. Justice Ginsburg does make a cameo appearance at the end of the movie walking up the steps of the Supreme Court building. In honor of her memory, you should definitely see this movie to see what she fought for and how far she went in her career. She really stood for the people and I really respect her career. It is sad that she is no longer with us, but her work does live on and people will be reviewing it for years to come. You should not miss out on seeing this movie because you will love it, I promise.

Hope everyone enjoyed this review and have a great Independence Day. Enjoy the fireworks tonight and I will see everyone this Friday for what I will review this month.

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