The Daily Show: Ears Edition - Remembering RBG - A Nation Ugly Cries with Desi Lydic

Episode Date: October 31, 2020

Desi Lydic celebrates the legacy of iconic Supreme Court Justice Ruth Bader Ginsburg while coping with her passing in a show featuring interviews with Imani Gandy, Elizabeth Warren and more. Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

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Very few have been given access to the treasures in our archives. You're rolling. But that's all about to change. Like none of this stuff gets looked at that's what's incredible. I'm Seth Done of CBS News, listened to 60 Minutes, a second look, starting September 17th, wherever you get your podcasts. It's been 41 days since Justice Ginsburg died. And in that time, Amy Coney Barrett has been confirmed to the Supreme Court, and I've thrown and cracked 24 cell phone screens.

Not all of them mine. But you know what we have decades to worry about that human chastity belt. Right now I want to talk about RBG. Ruth Bader Ginsburg's death has had a lot of people hard, especially women. And I think it's because... Mommy. I think it's because... Mommy. But can mommy please just have two minutes to cry in a closet? Again?

I think it's because as American women, Ruth is a big reason why we've made it this far. Long before she got to spend 27 years in the middle of this combover sandwich. RBG was already changing the world for women. In 1972, she co-founded the ACLU's Women's Rights Project. There, alongside pioneers like Dorothy Kenyon and Pauly Murray, she spent years carefully laying the groundwork to force U.S. law to acknowledge something radical. Women are like full-on people.

Nobody in our country did more for the advancement of women in terms of women's equality. Justice Ruth Bader Ginsburg devoted her life to fight to to to to to to to to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight to fight the their to fight to fight to fight to fight to fight to fight to fight to fight their their their their their their their their their their their their their their their their their their their their their their their their their their their their their the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the women in terms of women's equality. Justice Ruth Bader Ginsburg devoted her life to fight for equal justice. She's an American icon. She was a huge glass ceiling breaker for all women. I would like to show my granddaughters that the equal citizenship stature of men and women is a fundamental human right. Ruth argued six cases before the Supreme Court and won five of them. And that wasn't easy. At the time, the Supreme Court was all male. It was an error when the Supreme Court women's bathroom was still a second

men's bathroom they used just for farting. So how did she convince these nine gentlemen to care about gender equality? She brought discrimination cases where the injured parties the the the the the the the the these nine gentlemen to care about gender equality? She brought discrimination cases where the injured parties were men. It was a genius move, the legal equivalent of hiding dog medicine inside a piece of cheese. Her advocacy brought down legal discrimination all over this country. In New York, she helped flight attendants sue for pregnancy discrimination. In Oklahoma, she defeated a law that mandated different drinking mages for men and women.

And in Missouri, she fought a law that allowed women to opt out of serving on juries. And you may think jury duty is boring, but having female jurors is so important. It's the only reason women aren't convicted of witchcraft anymore. Finally, I can cast my midnight spells in peace. And it was after all that that RBG spent 27 more years as one of America's greatest justices. Her accomplishments were immense and her death means a lot of people are very f-fucked or as the French say, tre-fucked, which is all so infuriating and I know that part of grief is letting go of that anger but what if I want to hang on to my anger?

Babe, seriously, where's my phone? To find out, I spoke to Rebecca Trayster, who wrote a book about the revolutionary power of women's anger, and knows a thing or two about publicly expressing her feelings, which then got turned into this. I'm the crying, drunken liberal of the right-wing's dreams. If it makes you feel any better, I've never done a TV interview without drinking. Rebecca, I need you to help walk me through... I just... I'm so... And then...

It is okay to feel angry. Not only is it okay to feel angry, it is entirely appropriate to our dire circumstances, to feel a light with fury. Good, because I am mad. You should be mad. You can start out with being mad at the Senate and Senate Republicans. You can be mad at a Senate Senate that blocked Barack Obama's judicial nominations in hundreds of cases.

You can be mad at Senate Democrats who didn't fight harder and more fiercely against it. God, there's a lot to be mad at. You can be mad at a Senate that has confirmed a record number of Donald Trump appointees including many who have been rated unqualified. That pretty much masks. You can also be mad at the Electoral College. Yeah, that too. Plus Christmas is coming up which means so many more sad women are going to be forced to write pelitons. Welcome to you cry-ride. It is your responsibility to be livid. We are surrounded by inequity, injustice,

and broken and perverted systems. We should be angry. Inequity, injustice, and broken and perverted systems. That should be the 2020 slogan. There's so much to be angry about. In fact, some people are even angry at RBG herself. It's very natural that there are going to be a lot of people who are reasonably critical and angry, and they're going to want to look for an outlet for that anger, and a lot of them

are going to look at Ruth Bader Ginsburg, who did not choose to retire during Obama's administration. Should people be upset with her over that? I think it is problematic to lay all of the blame and villainy for our current predicament on her shoulders, but I think it is equally problematic to have held her up as a perfect and one-dimensional hero who is no more than a t-shirt slogan or a coffee mug slogan. It's really important and understandable that we look to her and celebrate her work. The record was certainly not perfect. Her record of legislating around tribal lands was not perfect.

Her record of hiring African-American clerks was problematic. It's perfectly normal that people we admire are also disappointing their human beings and therefore complex. So it's okay to feel frustrated. What's not okay is to think that the future of our judiciary and our democracy rested on her shoulders alone. Though, to be fair, I did hear that she used to do high interval training with the rock. Right.

The notion that our survival depended on her survival was always flawed. Well yeah, when you put it that way. Ruth Peter Ginsburg's career in part was built on working to change the system. And that's what we need to do is work to change the system. You know what, we should drink to this. Cheers. To staying angry. And to changing the system. Wait, how do we change the system?

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in the haystack. Four out of five employers who post on Zip Recruiter get a quality candidate within the first day. Try it for free at this exclusive web address, zip recruiter.com slash zip. Again, that's zip recruiter.com slash zip. Zip recruder. The smartest way to hire. When 60 Minutes premiered in September 1968, there was nothing like it. This is 60 Minutes.

It's a kind of a magazine for television. Very few have been given access to the treasures in our archives. You're rolling. But that's all about to the treasures in our archives. But that's all about to change. Like none of this stuff gets looked at. That's what's incredible. I'm Seth Done of CBS News. Listen to 60 Minutes a second look on Apple podcasts starting September 17.

So after spending two days in my closet, I'm sure about two things. One, I went way too hard into the boyfriend Blazer look. And two, losing RBG isn't just losing progress. Now that her seat has been filled with a six conservative justice, it means moving backwards. And it's not just on abortion rights. What's left of the Voting Rights Act could well be finished off, LGBT rights could be rolled back, a six to three scotis is also much likelier to strike down big climate change legislation. Basically unless you're a straight, cis white guy with Gills who loves forest fires,

then right-wing Pam Beasley over here is gonna screw you over personally. So what do we do? We must dismantle the superstructure that protects corrupt power. We need a return to democratic norms violated and broken by the Senate GOP and this administration. We need to take whatever action is necessary. Sure. Flame throwers, wood chippers, nunchucks.

Or expand the size of the court. Shit on their neighbors' doorsteps. Shit on their neighbors' doorsteps. Shit on their doorsteps, shit on their neighbors' doorsteps, shit on their neighbors' doorsteps. I'm advocating for expanding the size of the court. I like that. How would one go about expanding the court and shitting on their doorsteps? If you do the first, you don't need to do the second. You add seats to the essential checks and balances that we need in a democratic system,

and that is why I'm focused on take back the court. What exactly is take back the court? Is a two-year-old project focused on expanding the size of the U.S. Supreme Court and thereby restoring and preserving democracy. Isn't it against one of the long-standing pillars of the Democratic Party of being total pussies? I can agree that that that that that that that I that th th th th th th th th th th th to to the to to to to the to thoe thoe the thoe thoe thock thock tho-s tho-s, tho-s thi thi, thiol-s, tho-s, tho-s, tho-s, tho-s, tho-s, tho-s, tho-s, thoom, thoom, thoom, thoe-s, th, th, th, th, th, th, th, thi, thi, thi-s, thi-s, thi-s, thi-s, thi-s, thi-s, thi-s, thi-s, tooooooo'-s.eauuiiiiiiiiiiiiiiiiiiiiiiiiiiiiii-s, thaea-s, ta- of being total pussies? I can agree that I have shared the frustration of many. We have to stop reacting as if the sky is falling, but not doing anything about it. But this idea isn't popular with everyone.

Even RBG herself spoke against it in 2018. But she's an institutionalist. I'm certain that even in her worst nightmare, she did not imagine that Mitch McConnell and the GOP Senate would ram through an utterly unqualified successor to her seat. Would this be stooping to their level? The only reason to respond to the theft is to stop bringing cotton candy to a knife fight. We need to get in the ring, we need to go to toe to, and we need to take the steps necessary to restore democracy. Cotton candy to a knife fight is not helpful.

Even worse, bringing a knife to a cotton candy fight. Turns out clowns do bleed. Are you okay? Are you okay? Yeah, fine. How long has it been since the number of justices changed? Has it been like a hundred years or something like that? Four. The number of justices changed four years ago in 2016 when the G.O.P. Mitch McConnell led Senate refused to confirm Merrick Garland to the court, and the number of justices went from nine to eight.

That's right, those sneaky Mitches. We say Mitch in this house instead of the B word. Just trying to raise a little gentleman, not some little Mitch. And ironically, these conservative justices seem to be a renewable resource. There is an organization that was set up decades ago called the Federal the the the the thi-a-a-a-a-a-a-a-a-a-a-a-a-a-cu-a-cust-cust-custs thi-custs thi-custs thi-justi-justi-justi-justi-justi-justi-justices the thus just thi-justices just the just th just th just th just th just th just thus just went thus just went thususus just thus just thus just thus just thus just thus just thus just the the the the the the the the the the the the the the the th just th just th just thi thi thi thi thi thi thi thi the just the just just just the just to to to the just to to the just just to the just just just to the just just just just justi just the just just just just just just the just just just just just the justices seem to be a renewable resource. There's an organization that was set up decades ago called the Federalist Society. And now they are the funnel for every single judge that is appointed to a district or circuit court under a Republican governor or the Senate GOP. Some of these judges have been rated not qualified by the American Bar Association. Some of them have only been lawyers for four or five years, and get this, never tried a case.

How is that not criminal? And now they're sitting in federal circuit courts with lifetime appointments. We have to do something. we have to act, and the most effective proportional response is to expand the size of the court. So basically if we can't expand the court, we're f-fooed. In so many words, yes. Son of a Mitch! It's clear the Democrats have to do something. The question Amani Gandy is asking is will they? Democats have to do something. The question Amani Gandy is asking is, will they? Democrats need to sack up.

Within two weeks of the election, the Supreme Court is set to hear a case that could overturn the ACA. They're also set to hear a case called Fulton, the City of Philadelphia, and that's going to decide whether or not government-funded foster care agencies can discriminate against LGBTQ couples and non-Christian couples who want to adopt or foster children. When I say the Democrats have to do this, I mean they have to do it immediately because these cases are going to be decided next term. Republicans just don't give a fuck and Democrats give too much of a

fuck. Democrats are good at some stuff too, you know, like rubbing their temples and going, no, why is this happening? And they're getting a lot better at the insult thing. I mean, did you hear Pelosi's nickname for Trump? I missed it, no. Not as smart as we would hope he'd be in an ideal situation, Donald. What do you say to that? Yeah, it's pretty good. Yeah, yeah, catchy. A conservative court might be good for corporations,

but they could also allow new regulations into every part of our lady business. What you're going to see is Amy Coney Barrett and the rest of the conservatives on the court accepting abortion restrictions that Ruth Bader Ginsburg would not have accepted. So for example, there was this big hubbub about a law in Louisiana and whether or not this law was going to close basically all of the clinics in Louisiana. Ginsburg and Breyer and Kagan and Roberts, shockingly, said, no, we're not going to do that right

now. If that case were to come up before before before the the court, the court, the court, the court, the court, the court, the court, the court, the court, to be, the court, the court, to be, the court, thoan, to be, thoan, tho, tho, tho, tho, tho, too, too, too, too, to, to, to, to, to, to, to, to, to, too, th. th. th. th. th. th. to, to, to, to, to, to, to, th. Wea, th. We, th. We, th. We, th. We, th. We, th. We, tho, tho, tho, tho, tho, tho, tho, tho, tho, is, is, is, isa, isa, isa, isa, isa, isa. toooo. tooooooooooo.a, is.a, is.a, isa, too, too, too, shockingly, said, no, we're not going to do that right now. If that case were to come up before this court, the Amy Coney Barrett court, Louisiana would have won. And there would be one abortion clinic in the entire state. So they will chip away at our reproductive rights, but only in states like Alabama, Alabama, Texas, Ohio, Louisiana, Missouri Carolina. North and South Dakota. Yeah. Oh, Tennessee, Arizona. Uh-huh. No. Why is this happening? What is the likelihood that expanding the court could actually happen? Why is this happening? What is the likelihood that expanding the court could

actually happen? It's not entirely impossible. It's going to take a lot of all caps tweets to people like Chuck Schumer. And the fact of the matter is people are really tired right now. It's been four years of this trauma. We've been locked in our homes for going on, you know, eight months now. These four years have been exhausting. I tried getting one of those sleep tracking apps, and the data showed that I died three years ago. I really think that the baton needs to be passed to younger people, needs to be passed to non-white people.

These are people that aren't going to coutow to like Mitch McConnell and his turtle ass. And that's what the American people need right now, someone to just blow shit up. I just want someone to do something. You know, I just want Democrats to quit being nutsacks, essentially. You realize that the Democrats move pretty slowly. I know. I mean, Chuck Schumer went to the bathroom last Tuesday, and he still hasn't come out. Someone should go check on him. Finding great candidates to hire can be like trying to find a needle in a haystack.

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Zip Recruiter.com slash zip. Zip Recruiter. The smartest way to hire. When 60 Minutes premiered in September 1968, there was nothing like it. This is 60 Minutes. It's a kind of a magazine for television. Very few have been given access to the treasures in our archives. You're rolling? But that's all about to change. Like none of this stuff gets looked at. That's what's incredible. I'm Seth Done of CBS News. Listen to 60 Minutes, a second look on Apple podcasts,

starting September 17th. There's no getting around it. The loss of RBG on the Supreme Court is a huge blow, and there's no quick fix. Not even watching that clip of Kim Katrail's scatting will cheer me up. Yeah, me keep you, but said array for cable, and don't Latin me quoth. You jay, suffice, arre! She is not very good at this.

It's gotta be like, scooby-wee, bop, bop, bop. Look, we can't scat our way out of depression. We need to make a plan. I think I know just the woman. I don't like too much powder because sometimes it can age. You know what I mean? I like to still keep like a little bit of a dewyness. Oh okay good, good, good. Go. Hi Senator Warren. Hello. Senator Warren, you have a plan for everything. What is your plan to protect Justice Ginsburg's legacy? We have counted for so long on is your plan to protect Justice Ginsburg's legacy? We have counted for so long on the courts to protect us.

If we can't do that, then what we're going to do is we're going to have to do this through the legislative process. We will pass health care again. We will pass a bill for Roe versus Wade. We can do this by statute. We can do the things we need to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do to do the things we need to do. We just have to stay in the fight. And then, after the election, look, it's all on the table. That's how it should be. It's all on the table.

But it's also about flipping the Senate. Because if we had a Democratic Senate, this would not be happening. And we need to hold these Republicans accountable. You had a personal relationship with Justice Ginsburg. What would she want us to do now? Cry into a white claw? Because if so, I've got that covered. No, Justice Ginsburg was a fighter.

You know, and she was a strategic fighter. She changed what was possible for women all across this nation and around the world and she did that by staying in every fight. Remember, she lost some of them. She got not back from time to time, but her response was she got back up, dusted herself off and went straight back in tougher than ever. So many of us put all this pressure on Justice Ginsburg to be the one to save us, and it's really unfair. Now that she's no longer here,

I think my biggest question is, will you be our new mommy? I'm in this fight all the way, but you have to remember. We're all strong, not just me, all of us. We cannot give up on this, Desi. We can't just say, oh, we've lost the court, so now we're done. Mm-mm. Nope, that's not how this works. That's not how this work for someone like Ruth Ginsburg.

We need to honor Ruth with action. We need to channel grief. That's how we build a real future. Thank you Senator Warren. Thank you. All right, you take care now. Stay in the fight! Yes, channel grief into change. And yes, things are dark right now and Ruth Bader Ginsburg can't save us. We have to save ourselves. But you know what? We can do that. What? Acceptance?

Forget that. I'm not accepting shit. We need to fight like hell. I know what you need to do. You know what we all need to do. Vote. Vote. Vot. Vot. Vot. Vote. Vote. Vote. Vote. Vote. Vote. Vote. No, no, no, no, guys. I mean, yes. You definitely have to vote. Go vote. But also, we should be thinking long game. Just like RBG herself said, real change and during change

happens one step at a time. So no matter what happens on November 3rd, we have to keep fighting for change. Here are a few organizations that you can get involved with to do that. There's the ACLU Women's Rights Project, founded by Ginsburg herself, or how about she should run? It's a nonprofit that encourages more women to run for public office. There's Equal Justice Works works which funds young lawyers to work on public interest projects and Miss J.D., which inspires and supports women to

pursue legal professions. They're basically funding the R.B.G. their tomorrow. And most importantly, keep fighting. Thank you, R.B.G. I hope you know how much you meant to women everywhere. I hope we'll always have women like you who stand up for justice and equality and whose names can effortlessly be combined with that of a famous rapper. Anyway, this is Ella Coolidig signing off. The Daily Show with Trevor Noah, Ears Edition. Watch the Daily Show weeknights at 1110 on Comedy Central and the Comedy Central app. Watch full episodes and videos at the Daily Show.com. Follow us on Facebook, Twitter, and Instagram,

and subscribe to the Daily Show on YouTube for exclusive content and more. This has been a Comedy Central podcast. When 60 Minutes premiered in September 1968, there was nothing like it. This is 60 Minutes. It's a kind of a magazine for television. Very few have been given access to the treasures in our archives. But that's all about to change. Like none of this stuff gets looked at. That's what's incredible.

I'm Seth Done of CBS News. Listen to 60 Minutes, a second look, starting September 17th, wherever you get your podcasts.