RBG’s First Mic Drop: What “On the Basis of Sex” Teaches Us About Bold Briefing and Clever Framing

So I recently watched On the Basis of Sex, the biopic chronicling Ruth Bader Ginsburg’s early legal hustle, her “no big deal, just redefining constitutional law” appellate work, and one wildly strategic decision that made appellate nerds like me want to slow clap in a courtroom.

If you haven’t seen it, go watch it (seriously, I’ll wait). But if you have, then you know exactly which moment I’m talking about: the one where Ginsburg, trying to bring gender equality to the legal forefront, doesn’t just write a killer appellate brief—she gets the ACLU to sign it.

That wasn’t just bold. That was next-level persuasive judo.

Let’s talk about why that move matters for those of us still out here drafting briefs, filing motions, and trying to change the law (or at least not make it worse).

Bringing in the Big Guns: The Power of Strategic Signatures

In appellate land, the names on your brief matter. They signal to the court who’s behind your argument, who’s watching, and who thinks this case is more than just another run-of-the-mill appeal. By bringing the American Civil Liberties Union on board, Ginsburg did more than borrow institutional clout—she reframed the entire fight.

Back then, gender discrimination cases were seen by the judiciary as fringe social issues, or worse, soft law. Courts weren’t exactly sprinting to level the playing field for women. But when the ACLU put its name on Ginsburg’s brief, it said: This is a civil liberties case. This isn’t about personal grievances. This is about equal protection. This is about the Constitution.

And just like that, the stakes were elevated. She didn't just have a client. She had a movement.

Appellate takeaway? Sometimes the credibility of your argument gets a boost not from what you say—but from who says it with you. Whether it’s the ACLU, a trade group, a coalition of law professors, or even that retired judge who still carries gravitas, strategic amici or co-signers can lend persuasive weight that makes your brief impossible to ignore.

Same Problem, Different Angle: The Genius of Reframing

Now, let’s talk about the real legal kung fu move RBG pulled: She fought for gender equality by arguing on behalf of a man.

Yes, in a world where women were routinely told they couldn't be equal under the law, Ginsburg said, Cool, let’s talk about how this law discriminates against Charles Moritz, a man. Because the IRS refused to let him deduct caregiver expenses for his mother, claiming only women could be caretakers.

In doing so, she exposed the underlying rot in gender-based classifications—without having to start the conversation in a place where the bench was likely to roll its collective eyes and say, “Here comes another feminist crusade.” (Spoiler: it was a feminist crusade. But one dressed in tactical logic and male plaintiff relatability.)

She met the court where it was. She showed that sex-based laws hurt everyone, including men. She took a tired argument—gender discrimination exists—and flipped it on its head. And the court actually listened.

That’s appellate gold.

The genius of reframing an old issue through a new lens isn’t just historical trivia. It’s something we should be doing in our own appellate work. Is your constitutional challenge getting no traction? Maybe it’s time to look at it from a property rights angle. Is your Due Process claim falling flat? What happens if you tell the story as a regulatory takings case?

Sometimes the law doesn’t change because your argument is bad—it’s because the angle is stale. Be like RBG. Flip the lens.

Final Thoughts: Courage in the Caption

RBG didn’t win her battle through grandstanding or courtroom dramatics. She won it with strategy, credibility, and a deep understanding of the bench’s psychology. She didn’t shout. She persuaded. She built alliances. And she played the long game.

As appellate attorneys, we live in that world too. Whether we’re fighting for sweeping social change or just trying to get a summary judgment reversed, the lessons hold:

• Think about who’s standing with you.

• Reframe the issue when the usual framing hits a wall.

• Don’t be afraid to play it smart instead of loud.

  
  

And maybe, just maybe, remember that every once in a while, a bold brief and a fresh angle can change everything.