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Remembering Justice Ruth Bader Ginsburg. Aired 9:30-10a

Aired September 23, 2020 - 09:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: There will be that private ceremony. We're expecting it will be close friends, family, the justices. We will hear remarks from Chief Justice John Roberts, as well as a rabbi.

[09:30:00]

And then it's after that, at 11:00 this morning, that the public will get their chance to pay their respects as Justice Ginsburg lies in repose here at the Supreme Court. You know, I have been out here for days ever since the announcement of Justice Ginsburg's death on Friday night.

The stream of people who have flocked here to the court to lay flowers, to light candles. I spoke to one woman who got on a plane this weekend from Chicago, came here. She said she couldn't miss it. She stayed for one day and then got on a plane Monday morning to head back. So that is the type --

POPPY HARLOW, CNN ANCHOR: Jessica, just for a moment --

SCHNEIDER: Yes.

HARLOW: Let's just -- let's just take in this moment in silence as the casket comes out.

JIM SCIUTTO, CNN ANCHOR: Poppy, you want to talk about a show of support there. One hundred and twenty of Ginsburg's former law clerks lining the stairs there of the Supreme Court. One hundred and twenty from her service on the appeals court, as well as the Supreme Court shows, Poppy, the kind of breadth of impact that she had.

[09:35:05]

Often those clerks go on to be judges themselves. But the part of the legacy of Justice Ginsburg is that -- what we're seeing there on the steps of the court right now.

HARLOW: Yes, you're so right, Jim.

Jessica Schneider, let me get back to you because I jumped in there just so we could take that moment in silence.

But, of course, finish your thought.

SCHNEIDER: Yes, you know, what strikes me most watching these law clerks, we saw them walking behind Justice Ginsburg's casket as honorary pallbearers. You know, just the stories that you've heard in the past few days about those law clerks. A lot of them clerked for Justice Ginsburg when she was a judge with the D.C. Circuit.

Many of them also here at the Supreme Court clerking for her. And it was just so interesting to hear about Justice Ginsburg's work ethic through the eyes of these law clerks. You know, hearing their stories about scrambling at the fax machine when she would fax them at 2:00 in the morning. She was a workhorse.

HARLOW: Yes.

SCHNEIDER: And she worked at all hours. She talked about how Marty, her husband, her beloved husband, would often have to come to the Supreme Court to tell her, Ruth, it's time to come home for dinner now.

HARLOW: Right.

SCHNEIDER: And he had to try that multiple times sometimes to get her home and away from work.

HARLOW: Yes.

SCHNEIDER: But that was who Justice Ruth Bader Ginsburg was. And in, you know, the months and days leading up to her death, she worked. She heard arguments in May from her hospital bed when she was treated for a gallbladder conditions. And it's just seeing all the clerks out here that she touched, who worked so hard by her side that is really touching out here, Jim and Poppy.

HARLOW: Yes. Let's take one more break for a moment just to listen in to this.

SCIUTTO: Just one note there in terms of this special honor being given Justice Ginsburg. Where her casket is laying right now is known as the Lincoln Catafalque. It was built to hold the casket of Abraham Lincoln when he died. And now Justice Ginsburg shares that position after her passing. She'll also become the first woman in history to lie in state at the U.S. Capitol. Just remarkable.

Joan Biskupic, of the many signs of the respect for her legacy, on both sides of the aisle, both sides of the divide this this country, are those many traditions, right, that are being set here to honor her.

JOAN BISKUPIC, CNN SUPREME COURT ANALYST: You know, that's right, Jim. And I'm glad you just observed that she's going to be the first woman to lie in state at the Capitol, but she's now the first woman justice to lie in repose at the Supreme Court because the first woman justice, Sandra Day O'Connor, who was appointed in 1981, is still alive. She's retired and she's -- you know, she's 90 now, but she -- she is still alive. So Ruth Bader Ginsburg has just become yet another first even in the Supreme Court building there.

And that tableau that you're seeing is one that's very familiar to her. You know, she -- she came up and down those stairs for colleagues who -- when they passed away. You know, Chief Justice Rehnquist, who she was close to, and Justice Scalia, that Ariane made the point that she was -- she was close -- so close to the conservative beacon, Justice Scalia.

But I think that what you've also seen, Jim and Poppy, not just in the law did she sometimes bring people together, but in life. The lessons that Poppy took to heart, she was doing to the end.

Marty Ginsburg died in 2010, so she was alone for ten years. And she no longer had him to come and rouse her from her office and get her home. And sometimes court personnel would say, you know, late at night, she's still in there. She just -- she just never stopped.

And until the middle of this month, she was conferring with colleagues, working on cases. She would often even take stacks of materials with her on her hospital runs. You know, it -- it was only to the very end that she was stopped.

[09:40:03]

And what a poignant moment we're all observing right now.

HARLOW: You're so right, Joan. And she worked so hard and she expected the same of her clerks. But she always worked even harder. But she also lived large and she was kind and she never missed a birthday or a wedding announcement or a baby announcement and always sent letters and congratulatory calls. She was really, I think, a full human. And Ariane, her fight is not over. Remember?

ARIANE DE VOGUE, CNN SUPREME COURT REPORTER: Yes.

HARLOW: Let's listen to this live. Hold on. Here we have the ceremony.

RABBI LAUREN HOLTZBLATT, ADAS ISRAEL CONGREGATION: Blessed is God, the true judge. (SPEAKING IN FOREIGN LANGUAGE).

God has given. God has taken. Praise be the name of (INAUDIBLE).

Psalm 23.

(SINGING IN FOREIGN LANGUAGE)

A Psalm of David.

The Lord is my Shepherd. I shall not want. God makes me lie down in green pastures. God leads me beside the still waters. God restores my soul. God guides me in the straight paths for God's name sake.

Ye though I walk through the valley of the shadow of death, I will fear no evil for you are with me. Your rod and your staff, they comfort me. You prepare a table before me in the presence of my enemies. You have

anointed my head with oil. My cup runs over. Surely goodness and mercy shall follow me all the days of my life and I shall dwell in the house of (INAUDIBLE) forever.

Today we stand in mourning of the American hero, Justice Ruth Bader Ginsburg. In a moment, I will speak to what she meant to all of us. But first, I would like to turn to her beloved family.

The justice was a mother, a grandmother, and, as we all know, had one of the most extraordinary life partners in her beloved Marty. To each of you, to the justices' colleagues, to her law clerks, and to her court family, the country mourns with you and sends you our deepest love and comfort.

To be born into a world that does not see you, that does not believe in your potential, that does not give you a path for opportunity, or a clear path for education, and, despite this, to be able to see beyond the world you are in, to imagine that something can be different. That is the job of a prophet. And it is the rare prophet who not only imagines a new world, but also makes that new world a reality in her lifetime.

This was the brilliance and vision of Justice Ruth Bader Ginsburg. The Torah is relentless in reminding and instructing and commanding that we never forget those who live in the shadows, those whose freedom and opportunity are not guaranteed.

Thirty-six times we are taught that we must never forget the stranger. Twelve times we are told to care for the widow and the orphan. This is one of the most important commandments of the Torah. It is the Torah's call to action. And it is also the promise written into our Constitution.

As Justice Ginsburg said, and I quote, think back to 1787. Who were "we the people"? They certainly weren't women. They surely weren't people held in human bondage. The genius of our Constitution is that now over more than 200 sometimes turbulent years, that "we" has expanded and expanded.

[09:45:03]

This was Justice Ginsburg's life's work, to insist that the Constitution deliver on its promise, that "we the people" would include all the people. She carried out that work in every chapter of her life. As an advocate arguing six times before this court, for equal treatment for women and men. As a judge in the D.C. Circuit, and as a justice on this court, and as a path marking role model to women and girls of all ages who now know that no office is out of reach for their dreams, whether that is to serve in the highest court of our land or closer to home for me, as the rabbi of their community.

Nothing could stop Justice Ginsburg's unflagging devotion to this project. Not even cancer. Justice Ginsburg, (SPEAKING IN FOREIGN LANGUAGE), from generation to generation, we promise to carry forward your legacy. May you rest under the wings of the (SPEAKING IN FOREIGN LANGUAGE) knowing that you have tirelessly served us and this great country, the United States of America.

Please rise.

(SINGING IN FOREIGN LANGUAGE)

Exalted, compassionate God, grant infinite rest in your sheltering presence among the holy and the pure, to the soul of Ruth Bader Ginsburg, who has gone to her eternal home. Merciful One, we ask that our loved one find perfect peace in your eternal embrace. May her soul be bound up in the bond of life. May she rest in peace, and let us say, amen.

CHIEF JUSTICE JOHN ROBERTS, UNITED STATES SUPREME COURT: Thank you, Rabbi Holtzblatt for those compelling words.

Jane, Jim, the entire Ginsburg family, on behalf of all the justices, the spouses of the justices, and the eternal Supreme Court family, I offer our heartfelt condolences on the loss of Ruth Bader Ginsburg. That loss is widely shared. But we know that it falls most heavily on the family.

Justice Ginsburg's life was one of the many versions of the American dream. Her father was an immigrant from Odessa, her mother was born four months after her family arrived from Poland. Her mother later worked as a bookkeeper in Brooklyn. Ruth used to ask, what is the difference between a bookkeeper in Brooklyn and a Supreme Court justice? Her answer, one generation.

It has been said that Ruth wanted to be an opera virtuoso, but became a rock star instead. But she chose the law. Subjected to discrimination in law school and the job market because she was a woman, Ruth would grow to become the leading advocate fighting such discrimination in court.

She was not an opera star, but she found her stage right behind me in our courtroom. There she won famous victories that helped move our nation closer to equal justice under law, to the extent that women are now a majority in law schools, not simply a handful.

[09:50:06]

Later she became a star on the bench, where she sat for 27 years. Her 483 majority, concurring and dissenting opinions will steer the court for decades. They are written with the unaffected grace of precision. Her voice in court and in our conference room was soft, but when she spoke, people listened.

Among the words that best describe Ruth, tough, brave, a fighter, a winner, but also thoughtful, careful, compassionate, honest. When it came to opera, insightful, passionate. When it came to sports, clueless.

Justice Ginsburg had many virtues of her own, but she also unavoidably promoted one particular one, humility in others. For example, on more than a few occasions, someone would approach or call me and describe some upcoming occasion or event that was important to them, and I knew what was coming, could I come and speak. But, no, instead, could I pass along an invitation to Justice Ginsburg and put in a good word?

Many of you have seen the famous picture of Justice Scalia and Justice Ginsburg riding atop an elephant in India. It captured so much of Ruth. There she was doing something totally unexpected, just as she had in law school where she was not only one of the few women, but a new mother to boot. And in the photograph she is riding with a dear friend, a friend with totally divergent views. There is no indication in the photo that either was poised to push the other off.

For many years, of course, Ruth battled serious illness. She met each of those challenges with a combination of candid assessment and fierce determination. In doing so, she encouraged others who have their own battles with illness, including employees here in the court. And she emerged victorious time and again against all odds. But, finally, the odds won out and now Ruth has left us.

I mentioned at the outset that Ruth's passing weighed most heavily on her family, and that is true. But the court was her family, too. This building was her home, too. Of course, she will live on in what she did to improve the law and the lives of all of us, and yet, still, Ruth is gone and we grieve.

Let us have a moment of silence for reflection.

May she rest in peace.

SCIUTTO: Ruth is gone and we grieve, those the words of the Chief Justice John Roberts as we look at her portrait there in the Supreme Court, a portrait from 2016 of Ruth Bader Ginsburg. I believe the artist is Constance Beatty (ph).

He said the court was her family, too, and her loss is widely shared.

Joan Biskupic, you've covered this court, you've covered the chief justice more than anyone, really. Sincere words, were they not, from him and from others as they comment on her passing that this is a deeply personal sense of loss from someone that they deeply, personally admired?

[09:55:04]

BISKUPIC: That's right, Jim. The chief is an excellent writer. And I thought that was a beautiful tribute that did indeed seem very sincere. He struck three notes that I mentioned, one that hasn't been in the news much at all, when he referred to her voice of precision, her just unadorned voice of precision.

She was an excellent writer in the most spare way. And I -- and the chief himself is a great writer and I'm glad he mentioned that.

HARLOW: Yes.

BISKUPIC: And then the court family is -- is something. And -- and, finally, that -- that picture that he evoked of Justice Scalia and Justice Ginsburg on the elephant. There's a little joke that she would often tell about that, because she was sitting behind Justice Scalia on that elephant and people gave her a hard time. Oh, behind? Behind Nino? And she said -- she said, of the generously built Scalia, it was for weight distribution.

HARLOW: Yes.

BISKUPIC: So I always thought that was a -- that was a nice remark.

But I thought he struck exactly the notes of how they feel about her. And, you know, they -- they're all appointed for life.

HARLOW: Yes.

BISKUPIC: They don't choose each other at the outset of their tenure, but they have to find ways to work together, and she certainly helped.

HARLOW: We saw, Joan, in the room there, eight of her fellow justices, the spouses of Justices Thomas, Breyer, Alito, Kavanaugh and Scalia, and then also retired Justice Kennedy was there. And as the chief justice noted, 483 majority, concurring, and dissenting opinions. But as we look at the just sort of perfect image of the sun peeking out behind the high court, her work was not done, Joan, right?

SCIUTTO: Yes.

HARLOW: She wanted to see, for example, an equal right amendment.

BISKUPIC: That's right. And, you know, when he mentioned the 483 opinions, you know, very few of those, frankly, were her majority authorship opinions. She had her notable ones that goes to your question, Poppy, about equal rights, where she wrote the majority opinion in the Virginia Military Institute case bringing in women to that military school. But her work -- her work isn't done and she expects many people on the scene to carry forward.

SCIUTTO: Yes.

HARLOW: Joan Biskupic, thank you for being there. This must be such a meaningful morning, particularly for you. You had so many conversations with her over the years. Thank you for your deep reporting on the late justice.

We will be right back.

SCIUTTO: Yes.

(COMMERCIAL BREAK)