Long before she was a meme and pop culture icon, Ruth Bader Ginsburg was a sober-minded jurist, a workaholic and a trail-blazing advocate for gender equality. None of that has changed, but in the last decade Ginsburg has become a celebrity whose image is plastered on t-shirts, mugs and all over the Internet. She’s celebrated as both a gritty feminist badass, and cute old lady.
It’s great that someone of Ginsburg’s intellectual heft and societal importance is famous; still, you worry that the image of the bespectacled RBG is overtaking the person. Part of RBG—which is directed and produced by Betsy West and Julie Cohen—explores the hagiography surrounding the diminutive justice: college students express awe at just glimpsing her, and we see Ginsburg sporting a “Super Diva” shirt while working out with her trainer (who, incidentally, has written a book titled The RBG Workout: How She Stays Strong … and You Can Too!). The workout stuff is cute, and a testament to Ginsburg’s determination and discipline, but far more important, and interesting, is her work over nearly six decades as a lawyer, professor and judge.
Nominated by Bill Clinton in 1993, Ginsburg was not the first woman named to the Supreme Court (Sandra Day O’Connor served from 1981-2006) but she has been the most passionate defender of women’s rights, including abortion rights. And while she is considered a liberal icon, it wasn’t always the case. When Ginsburg was appointed, she was in the middle of the pack ideologically, but the changing composition of the court has moved her relative position to the left. Moreover, RBG has proven more than willing to dissent from her conservative colleagues, particularly on gender issues. She is able to do this while maintaining a reputation for collegiality, which included a long-running friendship with the boisterous conservative justice Antonin Scalia, a fellow opera lover who died in 2016.
There are plenty of well-known figures who weigh-in on Ginsburg in the film, including Gloria Steinem, Bill Clinton, NPR’s Nina Totenberg and long-time Utah Senator Orrin Hatch, an arch conservative who nevertheless recommended Ginsburg to President Clinton in 1993 to fill the open Supreme Court seat. “It was the interview that did it,” says Clinton about his choice of Ginsburg from a long list of potential nominees for the position.
Ginsburg’s daughter and son, and a granddaughter, attest to the judge’s sharp mind, prodigious work ethic and serious demeanor. So do two of her childhood friends who confirm, as does nearly everyone interviewed, that Ginsburg is no fan of idle chit-chat or time wasting.
Gender was an obstacle throughout Ginsburg’s rise in the legal ranks. “Being a woman was an impediment,” she notes dryly about her time at Harvard Law School. Ginsburg was one of only nine women in a Harvard class of over 500, and the scrutiny was intense, although professors would not engage the women in the Socratic interrogation that men received because it was felt that females were too delicate for such treatment. Ginsburg also recounts that a dean called the female students together to ask them how they thought they could justify occupying seats that would otherwise have gone to men.
RBG faced other challenges as well, including the death of her mother after a lengthy illness when Ruth was 17. RBG did her undergraduate studies at Cornell, which is where she met her husband Marty. They both went to Harvard for law school, and when Ruth started (she was a year behind Marty) she was caring for their 14-month-old daughter. Ginsburg neatly compartmentalized law time and baby time, she says, but then Marty was diagnosed with cancer, and RBG helped him keep up with his studies while he received treatment. All the while, she was rearing their child, attending classes and serving on the law review.
Ginsburg’s husband survived the bout with cancer, and he proved key to her later success. “Meeting Marty was by far the most fortunate thing that happened to me,” says RBG. Martin Ginsburg, a tax lawyer who died in 2010, was gregarious and social, an ideal counterpart to his more reserved wife. Moreover, not only did he actively campaign for Ginsburg’s nomination to the Supreme Court in the early 1990s, he gave up a high-flying career in New York when his wife was named to the D.C. Circuit Court of Appeals by President Carter in 1980. The family moved to D.C., and Marty took on much of the childrearing and cooking duties (there are several mentions of RBG’s culinary deficiencies throughout the film).
When RBG graduated from Columbia Law in 1959 (she’d transferred there after her husband took a job in New York when he graduated from Harvard), she had a hard time getting a job in a law firm, even though she’d been at the top of her class. The discrimination against women in the legal profession was not exactly subtle. She became a professor at Rutgers University, and soon learned that she was being paid less than her male colleagues, a situation she quickly moved to remedy.
RBG became a gender equality crusader in the 1970s, and in several cases that she took on, men were as much the victims of gender discrimination and stereotyping as were women. In 1973, she argued a case before the Supreme Court in which a female Air Force lieutenant was not given a housing allowance for her and her husband, even though male service members with wives were automatically granted such benefits. The policy was overturned. In a 1975 case, she represented a man whose wife had died shortly after childbirth. The widower was denied a survivor’s Social Security benefit, which he needed to be able to care for his son, even though in parallel cases women receive such a benefit when their spouse dies.
Once RBG got on the court, she continued to champion women and gender equity. She wrote the majority opinion in a 1996 case in which the Virginia Military Institute was ordered to end its males-only admissions policy.
Ginsburg says her mother gave her two pieces of advice: “Be a lady, and be independent.” By lady, Ginsburg says her mother meant that “One should not be consumed by useless emotions,” like anger. RBG seems to have taken this to heart. She’s certainly passionate about her work, but her career indicates that she is always thinking two or three steps ahead, not getting embroiled in controversies of the day, or recriminations against present or past antagonists. (The lone understandable exception was her misstep as a sitting justice in making disparaging comments about President Trump).
Ginsburg has more energy than most people one-third her age. Still, she is 85 and has survived two bouts of cancer. She dodges the question about whether she should have retired during Obama’s tenure so that a liberal, or at least centrist, judge could have replaced her, as opposed to a Trump nominee should she leave the bench before 2020. It’s hard to argue that someone as vigorous as Ginsburg should step aside before she’s ready, particularly after the outrageous stunt in which the Republicans refused to vote on Obama’s nomination of Merrick Garland to the court in 2016 in the wake of Scalia’s death. It’s a tough one; let’s hope the judge keeps working out, eats right and tries to get a proper night’s rest so that she can outlast the current administration.
RBG was made by a team of women, including director-producers Julie Cohen and Betsy West, and executive producers Amy Entelis (Executive VP for Talent and Content Development at CNN Worldwide, which financed the film) and Courtney Sexton (CNN Films VP). Women also occupy the archival, associate and coordinating producer roles on RBG, as well as the composer, cinematographer, and editor slots.
In November, an unrelated feature film titled On the Basis of Sex will be released. Directed by veteran producer-director Mimi Leder, it will star Felicity Jones as Ginsburg.
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