Failed Oscar Campaigns: "On the Basis of Sex" (2018)

Scene from On the Basis of Sex

As awards seasons pick up, so do the campaigns to make your film have the best chances at the Best Picture race. However, like a drunken stupor, sometimes these efforts come off as trying too hard and leave behind a trailer of ridiculous flamboyance. Join me on every other Saturday for a highlight of the failed campaigns that make this season as much about prestige as it does about train wrecks. Come for the Harvey Weinstein comments and stay for the history. It's going to be a fun time as I explore cinema's rich history of attempting to matter.

On the Basis of Sex (2018)

Directed By: Mimi Leder

Written By: Daniel Stiepleman

Starring: Felicity Jones, Armie Hammer, Justin Theroux
Genre: Biography, Drama

Running Time: 120 minutes

Summary: The true story of Ruth Bader Ginsburg, her struggles for equal rights, and the early cases of a historic career that lead to her nomination and confirmation as U.S. Supreme Court Associate Justice.

- The Movie -

On September 18, 2020, Supreme Court Justice Ruth Bader Ginsburg passed away at the age of 87. With a storied career as the first woman elected to the Supreme Court, she has come to symbolize the power of women in political office. Over the years her many cases and desire to stand for what's right has made her an inspiring figure to liberal candidates, embodying a respect for the law that reflects the best of America. Her impact is felt as she continues to inspire women to stand up for what's right and make a difference in the world. Because of her, America feels more inclusive, respecting women's rights and feeling overall more progressive.

Among the things that lead to a modern resurgence came in 2018. It was a tale of two movies, reflecting both her career in full and a more traditional biopic that was designed to capture her as this triumphant young lawyer breaking through with the first successful gender discrimination case. On the one hand was the documentary RBG, which explored her life in grand detail capturing her with a transparency that helped to make her more endearing to wider audiences, giving her a definitive document to reflect her importance in American history.

On the Basis of Sex was the other. While not considered a failure upon release, it was often considered to be the lesser of two. For a variety of reasons, it was considered to be a conventional biopic, finding Felicity Jones playing the young lawyer with a fervor and energy that was right for the role, but was placed into a story that was too muddled in conventions and familiarity. Was it the tribute to Ginsburg that she deserved? Given that the screenplay was written by her nephew, Daniel Stiepleman, it had the chance to dive into something more personal and empathetic. Depending on who you ask, it was success. 

Still, between the two Ginsburg stories, it lead to an incredible amount of think pieces and conversation around her legacy. More than anything, it was a chance to celebrate a highly significant politician who made difference in American history, setting the stage for the current generation. Some saw it as this strong independent women narrative that built during the Me Too Era. Many saw it as standing up to oppressive forces in control, proving that their voices deserve to be heard and that they could make a difference. While that's true, On the Basis of Sex was a film that suffered from feeling a bit too Oscar-bait, even if its intentions were good. If nothing else, it got the approval of Ginsburg herself, and that may make up for a few mishaps along the way.

- The Campaign -

Depending on where you want to start, On the Basis of Sex's story starts with the premiere of RBG in January 2018. The documentary seemed high acclaim and featured Ginsburg there in person for a Q&A following the screening. It was the tip-off to a year that would celebrate her achievements. When it came out in May, many were already vying it for a Best Documentary nomination with others just feeling encouraged by her strong words. She believed that everyone should stand up for justice, and it was the perfect message for 2018, when it felt like Republicans controlled too much of the government and lacked any empathy for the common man. If the film wasn't captivating, it still could be considered a significant message worthy of celebrating.

Then came On the Basis of Sex, which had everything in place on paper. For starters, it was written by her nephew Stiepleman, who likely could get personal insight into her life in ways that few others could. Another thing was that Ginsburg was involved with the project, suggesting that they could do whatever they wanted with the project so long as they got "Uncle Marty" (Ginsburg's husband) correct. She believed that it was important to reflect him as he was, as it helped to explain her early career and the support that he gave her during this time. With TV director Mimi Leder set to direct and Felicity Jones to star, everything was in place. While RBG and On the Basis of Sex weren't made mutually, they both would compliment each other nicely thanks to the rise of her cultural significance in memes such as "The Notorious R.B.G." (a play on rapper The Notorious B.I.G.) that symbolized her appeal to younger audiences.

It also had a promising play from Focus Features, who were distributing the film. They had a sure thing in BlacKkKlansman and were looking for a second act. They were considering Mary Queen of Scots, but were also throwing their weight behind the Ginsburg biopic, finding some significance in the story to appeal to general audiences. After all, it had been proven time and again that crowd pleasers were a surefire way to guarantee Oscar nominations. Jones herself had earned a nomination for The Theory of Everything, proving precedent. 

When the trailer was released, it was met with a divided reaction. Some considered that it looked too conventional for a biopic. Others accused Jones of not having a great New York accent. However, the line that received the most criticism was when Ginsburg said "Freedom is not in the Constitution." Many said that it was, leading to a conversation as to whether this was a misprint. By the time of its premiere at AFI's film festival, things were becoming clearer. Audiences weren't as on board with the idea that it would sweep the Oscars. While some still argued that it stood a black horse chance, confidence was fading. RBG had months of positive feedback to fall back on. On the Basis of Sex wasn't quite there.

One of the most unfortunate remembrances of Ginsburg's legacy was her actual health. In November 2018, she suffered a fall in her office that caused her to fracture three ribs. For the most part, concern over her health continued to be of major concern for people up to her death. Still, this was a sign of her mortality, with many worrying that she wouldn't make it to 2019. While she would survive, it was a perfect way to emphasize her accomplishments, making the Fall release of On the Basis of Sex feel ominous in timing. While she would pull through, it wasn't enough to persuade everyone to believe that it was a masterpiece.

During this time, there was also concern that pop culture was "beautifying" her legacy. While some took to analyzing the accuracy of the story, others wondered if this was covering up her flaws in favor of an altruistic vision of a woman who history has deemed significant. RBG also fell victim to this, causing a conversation as to whether there was value to these stories if they were presenting the most basic forms of encouragement. 

With that said, any awards absence wasn't the end-all for On the Basis of Sex. Along with taking pictures with the cast, she would come out later and admit that she had seen the film three times. She would call it excellent, giving it her own seal of approval. Still, as RBG racked up nominations, On the Basis of Sex didn't. Not even the new song from Kesha did. All hope was quickly dwindling, and all it took was some dark horse power to pull it through on the day of Oscar nominations, proving that the film had some steam.

- The Payoff -

Despite any positive feedback from audiences, On the Basis of Sex was dead in the water. There was no way for it to pull through. At best, it could piggyback off of the surprise success of RBG, which not only earned a Best Documentary nomination, but also a Best Original Song nomination for the song "I'll Fight." While both lost (Free Solo and A Star is Born's "Shallow" respectively), they were signs that the legacy of Ginsburg appealed to voters as well as audiences. While many believed it to be a shoo-in to win Best Documentary, it still was considered a triumph for its nomination, serving as a reminder of Ginsburg's bigger legacy.

That is where most of the story ends for On the Basis of Sex. Unlike RBG, it doesn't feel like the film has resonated as much in the years since its release. The only time that it was discussed happened upon her passing, when people turned to these two movies in order to pay their respects. It's too early to determine if this will raise the profile of the biopic in the years to come, or if it will still be seen as too conventional, even with Ginsburg's personal approval. What can be known is that in light of modern women's issues, the film is currently playing in theaters to commemorate her passing. While this has become conventional for any legend's passing, it feels symbolic of what this film should be.

It should be more triumphant, creating a bigger mythos around Ginsburg's entire legacy. While it does enough to be entertaining and even informative, it was overshadowed by a more factual account, proving that Ginsburg was one of a kind. While some may disagree on which is better, many are more likely to turn to RBG and remember her incredible achievements, her ability to stay true to her values for over 30 years on the Supreme Court. She's someone who will never be forgotten, becoming a first in many respects for women. Hopefully it will not be the last.