WEBVTT - Ep 04: Bright And Shiny Object

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<v Speaker 1>From iHeart Podcasts. This is Supreme The Battle for Row.

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<v Speaker 2>Were Arguments eighteen Roll against.

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<v Speaker 3>Wade, starring Maya Hawk and William H. Macy.

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<v Speaker 4>When you are ready, mister Chief Justice, and may have

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<v Speaker 4>pleased the Court?

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<v Speaker 1>Episode four, Bright and Shiny object.

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<v Speaker 5>All right, Harry, what's the wager today?

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<v Speaker 6>No beat Warren. I've been running my clerks ragged lately.

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<v Speaker 6>I'm surprised you can get up and down the court

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<v Speaker 6>at all.

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<v Speaker 5>No is this softy show some heart, Stephen?

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<v Speaker 7>That was your rebound.

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<v Speaker 8>Should be us out there, old.

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<v Speaker 6>Buddy, for it wouldn't last ten seconds. I'm surprised that

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<v Speaker 6>clerks even allow us to watch. We make them nervous,

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<v Speaker 6>allow us.

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<v Speaker 8>This is my courthouse.

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<v Speaker 5>It sounded like an earthquake in my chambers the other day.

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<v Speaker 5>I'd like to throttle whoever came up with the idea

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<v Speaker 5>of putting hardwood and hoops on the roof of the

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<v Speaker 5>Supreme Court? Are Bill and Thirgod's still giving you.

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<v Speaker 8>Grief, That's one way to put it.

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<v Speaker 5>You made the right call on the Pentagon papers. Harry

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<v Speaker 5>Nixon had every right to block The Times from publishing

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<v Speaker 5>it was classified material. Don't let those libs get in

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<v Speaker 5>your head.

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<v Speaker 8>Too late for that. Shake it off.

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<v Speaker 9>Then I'm happy.

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<v Speaker 5>Nixon's happy. Well, actually Nixon's furious, but he's happy with

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<v Speaker 5>you. You did good. We'll rack up some points on the

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<v Speaker 5>abortion thing.

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<v Speaker 6>I doubt that, why Roe, Wade, Are you serious, Warren?

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<v Speaker 6>We only agreed to hear the case to decide who

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<v Speaker 6>has jurisdiction. It's not as if we'll be attempting to

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<v Speaker 6>Oh Warren, No, wake up, Harry.

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<v Speaker 5>Good pass Graham. But that's the way, Warren.

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<v Speaker 6>Do not turn this case into something it's not, Road Wade.

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<v Speaker 6>Is simply about whether the matter is suitable for state

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<v Speaker 6>or federal court.

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<v Speaker 8>That's all.

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<v Speaker 6>It's about a local DA ignoring a lower court's orders.

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<v Speaker 6>It is most certainly not about us deciding the constitutionality

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<v Speaker 6>of abortion.

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<v Speaker 5>I don't know about you, Harry, but I wasn't put

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<v Speaker 5>on this court to sit on the sidelines on.

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<v Speaker 8>The big issues.

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<v Speaker 6>Nor were you put on it to start a civil war.

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<v Speaker 5>Don't be so melodramatic, Harry.

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<v Speaker 8>Oh no, of course not.

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<v Speaker 6>You're right because people are always so calm and polite

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<v Speaker 6>when disagreeing about abortion.

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<v Speaker 5>Relax, Harry. We have the advantage on the court now

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<v Speaker 5>for Nixon, men. Time to take our shot.

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<v Speaker 2>Madison Constitutional Mindstitute, How may I direct your call?

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<v Speaker 10>Hi?

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<v Speaker 11>I need to speak to mister Roy Lucas. Please, It's

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<v Speaker 11>Sarah Weddington.

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<v Speaker 2>I'm sorry, Missus Weddington. He's not available at the moment,

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<v Speaker 2>Madison Constitutional Lines. Dude, how may I direct your calls? Hi?

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<v Speaker 3>Cheryl? It's Sarah Weddington again?

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<v Speaker 11>Is he in?

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<v Speaker 2>I'm afraid mister Lucas is unavailable, Missus Weddington. I'll have

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<v Speaker 2>him call you back.

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<v Speaker 11>Mister Lucas needs to call me, Cheryl. The brief is

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<v Speaker 11>doing court in a few weeks and we haven't seen

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<v Speaker 11>a single draft. I've had my sections done for weeks.

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<v Speaker 11>Where are all the sections mister Lucas volunteered to take?

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<v Speaker 11>I need to pray.

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<v Speaker 2>I'll tell mister Lucas your call.

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<v Speaker 3>Okay? But that hello?

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<v Speaker 11>Hello Cheryl, Madison Constitutional Law Institute.

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<v Speaker 3>How my I direct your call? Oh? Sorry, Cheryl? That

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<v Speaker 3>was your line? Should I say mine now?

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<v Speaker 11>Or do you know it by heart?

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<v Speaker 2>Hello? Missus Weddington, mister Lucas.

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<v Speaker 3>Is not in ye talk to you tomorrow, Cheryl Weddington.

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<v Speaker 2>Residents, What can I do for you? Sarah?

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<v Speaker 11>Mister Lucas Hello, Thank goodness, I called so many times.

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<v Speaker 3>How are you?

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<v Speaker 2>What do you need, Sarah?

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<v Speaker 8>We're swamped over here.

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<v Speaker 11>I'm sorry to bother you, mister Lucas, but you said

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<v Speaker 11>you'd have your draft of the brief to show me

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<v Speaker 11>by now, by a month ago.

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<v Speaker 2>Actually, Sarah, honey, we have a lot of cases.

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<v Speaker 12>We can't just drop everything when you get anxious.

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<v Speaker 11>Oh I see, of course, it's just the brief is

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<v Speaker 11>due to the court soon.

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<v Speaker 2>So listen. We're on top of it, Sarah.

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<v Speaker 12>If you were here in New York, i'd be.

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<v Speaker 2>Able to show you. You're just gonna have to trust me.

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<v Speaker 2>I gotta right.

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<v Speaker 3>Wait, what how's it going? I mean, it's coming along.

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<v Speaker 11>I had some thoughts about the Eighth Amendment, Edward, how

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<v Speaker 11>focused on the numbers?

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<v Speaker 3>Crap?

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<v Speaker 12>We need to respond to Mount Sinai, Beth, take this

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<v Speaker 12>down to the esteem Board of Directors.

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<v Speaker 8>Prayer request to my most recent mister Lucas.

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<v Speaker 3>I'm sorry to interrupt.

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<v Speaker 8>What was it, Cheryl?

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<v Speaker 3>Hello, mister Lucas.

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<v Speaker 8>Sarah, what are you doing in New York?

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<v Speaker 11>You said you could show me your draft of the

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<v Speaker 11>brief if I were here, So I'm here.

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<v Speaker 8>Mister Lucas, it's all right, Cheryl, give us a minute.

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<v Speaker 13>Yes, mister Lucas, missus Weddington, Cheryl.

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<v Speaker 8>So, Sarah, you came all the way up from Dallas.

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<v Speaker 11>First airplane ride of my life, followed by my first taxi. Honestly,

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<v Speaker 11>I don't know which was scarier. The city looks a

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<v Speaker 11>lot more like Midnight Cowboy than breakfast at Tiffany's.

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<v Speaker 3>If you ask me.

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<v Speaker 8>And now, it's not a good time.

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<v Speaker 11>I stopped by the Women's institute nearby, the one b

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<v Speaker 11>and deb said offered to help us. They told me

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<v Speaker 11>you haven't even reached out to them. Can I see

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<v Speaker 11>the brief please, mister Lucas.

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<v Speaker 12>Sarah, honey, relax, you had a long trip, and if

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<v Speaker 12>you've made an a point with Cheryl, I could see.

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<v Speaker 8>I've got back to backs all day. It's just not

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<v Speaker 8>a good time.

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<v Speaker 3>I won't be a bother. Mister Lucas.

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<v Speaker 11>Just PLoP me down in one of the many rooms

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<v Speaker 11>you got here and I'll just get to read.

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<v Speaker 8>Tell you what, let Cheryl know where you're staying. I'll

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<v Speaker 8>call you when I have something to show.

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<v Speaker 3>And when will that be?

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<v Speaker 11>The case is coming up on the Supreme Court's docket

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<v Speaker 11>in a few months. The brief is due. But I

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<v Speaker 11>know you know that because you already filed one extension, Sarah,

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<v Speaker 11>not that you bothered to tell me. I received a

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<v Speaker 11>letter about it in the mail. If we missed the

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<v Speaker 11>next deadline, mister Lucas, the court could throw the case out.

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<v Speaker 8>Relax. Remember I've done this before, Sarah.

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<v Speaker 11>You haven't, which is exactly why I can't stand up

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<v Speaker 11>there in front of the justices without a clear understanding

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<v Speaker 11>of our argument. I need the brief to lay it

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<v Speaker 11>all out. There's a million decisions to make, mister Lucas.

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<v Speaker 11>Do we use the Fourth Amendment the nine Some people

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<v Speaker 11>are saying we should use the thirteenth prohibited slavery. But

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<v Speaker 11>can I really stand up there and argue that force

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<v Speaker 11>and a woman to carry a pregnancy to term is

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<v Speaker 11>involuntary servitude? I need help now. How far along are

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<v Speaker 11>you and your team, Sarah.

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<v Speaker 8>We're going to start on the brief just as soon

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<v Speaker 8>as we can.

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<v Speaker 11>Holy hell, you haven't started yet.

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<v Speaker 12>Lower your voice, Sarah. Do you have any idea for

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<v Speaker 12>the workload around here? How many cases I have to

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<v Speaker 12>get through? How many are coming up before doors?

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<v Speaker 3>You have other abortion cases.

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<v Speaker 12>Loads I'm involved in every major abortion case in this country.

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<v Speaker 12>You know that the argument from a paper I wrote

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<v Speaker 12>at NYU is responsible for every reason I know.

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<v Speaker 11>I hope how many of your other cases are on

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<v Speaker 11>behalf of women seeking the procedure, and how many are

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<v Speaker 11>on behalf of wealthy hospitals and providers in need of counsel.

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<v Speaker 8>You're out of your depth, Sarah.

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<v Speaker 11>True words have never been spoken, mister Lucas. But it

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<v Speaker 11>also seems like your prioritizing case is paid for by

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<v Speaker 11>healthcare providers with deep pockets, as opposed to my case,

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<v Speaker 11>which pays nothing.

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<v Speaker 8>Welcome to reality, Sarah, Nice to have you here.

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<v Speaker 3>You made such a big show of it.

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<v Speaker 11>What was that you came all this way down to

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<v Speaker 11>Dallas acting like our big savior.

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<v Speaker 3>But you're just a little boy, mister Lucas.

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<v Speaker 11>You just want to collect as many bright and shiny

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<v Speaker 11>objects as you can. That's all this case is to you,

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<v Speaker 11>real bright, real shiny, and we gifted to you all

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<v Speaker 11>wrapped up in a bow, and now that you have it,

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<v Speaker 11>you're just a petulant child who leaves his presence around

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<v Speaker 11>to collect dust. My case is not going to be

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<v Speaker 11>one of your bright and shiny objects, mister Lucas.

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<v Speaker 12>Get off your high horse, Sarah. You don't care about

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<v Speaker 12>this case. You just wanted some legal experience. Helly, you

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<v Speaker 12>told me so yourself. This case could be about anything.

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<v Speaker 12>Don't try to pretend you're a true believer when you're

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<v Speaker 12>every bit as ambitious as I am. Enjoy yourself while

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<v Speaker 12>you're here, Sarah. You're twenty five years old and you're

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<v Speaker 12>in New York for the first time. Have some fun

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<v Speaker 12>taking a show. The Prisoner of Second Avenue is wonderful.

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<v Speaker 12>Go see the sights and then go on back to

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<v Speaker 12>Dallas and I will get you the pages just as

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<v Speaker 12>soon as I can.

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<v Speaker 3>I have another idea.

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<v Speaker 11>Actually, may I make a long distance call?

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<v Speaker 3>Please? Ron, I need you, darling. How soon can you

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<v Speaker 3>get up here?

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<v Speaker 8>Now hold on a second, Sarah.

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<v Speaker 13>Soon, mister Lucas, your services are no longer required.

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<v Speaker 7>Mister and Missus Weddington. I'm Mikey Eisenberg. We spoke on

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<v Speaker 7>the phone. I work here at the Women's Institute.

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<v Speaker 3>Of course, mikey Aha.

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<v Speaker 7>We're excited to help you. However we can. Can I

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<v Speaker 7>grab your suitcase?

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<v Speaker 11>Missus Weddington, We've got a Mikey and call me, Sarah.

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<v Speaker 3>This is Ron where are we exactly?

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<v Speaker 7>Mit, technically this is Grammarcy. We're like spitting distance from

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<v Speaker 7>Union Square?

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<v Speaker 11>Is it say it's New York, Sarah, I literally don't

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<v Speaker 11>know what that.

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<v Speaker 7>Means, Sarah.

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<v Speaker 14>Ron, it's my distinct pleasure to welcome you to the

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<v Speaker 14>Women's Institute and Abortion Referral Service.

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<v Speaker 7>You'll be bunking upstairs on the fifth floor.

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<v Speaker 10>Sorry about all the steps, and I mean sorry in

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<v Speaker 10>general that it's not more.

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<v Speaker 3>It's fun.

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<v Speaker 11>We're grateful to the Institute of putting us up at all.

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<v Speaker 11>We definitely could not afford a hotel in this city.

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<v Speaker 14>This used to be the switchboard room, still is, I guess,

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<v Speaker 14>But we'll now also.

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<v Speaker 10>Be your bedroom. But there's no bed, Sure there is,

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<v Speaker 10>Ron right there. Those are sofa cushions, Mikey on the floor.

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<v Speaker 8>The stuff into hanging out.

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<v Speaker 10>It's not the plaza.

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<v Speaker 8>I know.

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<v Speaker 10>It's an oven up here. My god, heat rises.

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<v Speaker 14>I guess they say it's going to be the hotest

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<v Speaker 14>summer since sixty six.

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<v Speaker 11>You know what, it's fine, it's perfect, Ron, it's perfect.

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<v Speaker 14>Why don't I let you two get settled. The bathroom

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<v Speaker 14>is on four. Then come downstairs and you can address

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<v Speaker 14>the troops Sarah. All the volunteers and staff were so

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<v Speaker 14>excited to get the call from your Dallas group. We

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<v Speaker 14>mostly work on outreach and policy advocacy here, but a

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<v Speaker 14>bunch of our volunteers are pre law and one els

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<v Speaker 14>we can't wait to be put to work on your case. Oh,

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<v Speaker 14>careful of the window, it's pretty dusty.

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<v Speaker 8>Mikey level with me. Would you live here?

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<v Speaker 14>Are you kidding me? I live in Alphabet City. This

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<v Speaker 14>is the plaza compared to my place.

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<v Speaker 11>Will be so busy we won't even notice.

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<v Speaker 7>Hi, Sarah, Come meet everyone.

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<v Speaker 4>Hi, y'all here, take my chair, Sarah, Get.

0:12:08.640 --> 0:12:10.400
<v Speaker 7>You some coffee, Sarah, I'm okay.

0:12:10.480 --> 0:12:10.840
<v Speaker 3>Thanks.

0:12:11.800 --> 0:12:13.840
<v Speaker 11>I can't tell you how much Ron and I appreciate

0:12:13.840 --> 0:12:16.440
<v Speaker 11>all of you donating your time like this, especially in

0:12:16.480 --> 0:12:18.880
<v Speaker 11>this heat, and we're coming from Texas.

0:12:19.760 --> 0:12:20.679
<v Speaker 8>You'll get used to it.

0:12:20.920 --> 0:12:21.520
<v Speaker 4>No, you won't.

0:12:21.880 --> 0:12:25.560
<v Speaker 11>Well, as I think you all already know. Our main

0:12:25.640 --> 0:12:27.960
<v Speaker 11>job here is to write the Supreme courpri for.

0:12:28.000 --> 0:12:30.560
<v Speaker 8>Our case and to prepare Sarah for argument.

0:12:30.880 --> 0:12:31.200
<v Speaker 2>Thank you.

0:12:31.320 --> 0:12:31.560
<v Speaker 13>Ron.

0:12:31.960 --> 0:12:35.760
<v Speaker 11>Now, this would normally occupy a dozen lawyers working full

0:12:35.800 --> 0:12:37.400
<v Speaker 11>time for months at any major firm.

0:12:38.960 --> 0:12:42.319
<v Speaker 3>We have four weeks and I'll be the only one

0:12:42.320 --> 0:12:43.000
<v Speaker 3>on it. Full time.

0:12:44.679 --> 0:12:46.920
<v Speaker 11>We do have my gorgeous husband Ron over there though,

0:12:47.120 --> 0:12:48.720
<v Speaker 11>till he has to head back to Dallas.

0:12:49.240 --> 0:12:51.040
<v Speaker 3>Now, who else do we have?

0:12:51.320 --> 0:12:54.160
<v Speaker 4>I'm Katie and this is Lucy. We're full time here

0:12:54.200 --> 0:12:56.559
<v Speaker 4>at the women's institutes. We want to help any way

0:12:56.559 --> 0:12:59.080
<v Speaker 4>we can, Sarah, anyway at all girls.

0:12:59.080 --> 0:12:59.960
<v Speaker 3>That's fantastic.

0:13:00.920 --> 0:13:04.520
<v Speaker 14>Thank you, and Chloe and George over there are our interns.

0:13:04.720 --> 0:13:05.920
<v Speaker 7>We're all here for you, Sarah.

0:13:06.040 --> 0:13:07.120
<v Speaker 8>Just tell us what to do.

0:13:18.000 --> 0:13:21.640
<v Speaker 13>Ron, are you awake?

0:13:22.440 --> 0:13:23.240
<v Speaker 8>What do you think?

0:13:26.200 --> 0:13:28.920
<v Speaker 11>I think you're a hero overcoming in New York and

0:13:29.040 --> 0:13:32.280
<v Speaker 11>for sleeping on the floor. I want you to know

0:13:32.320 --> 0:13:35.400
<v Speaker 11>how much I appreciate it.

0:13:35.400 --> 0:13:36.920
<v Speaker 8>It's not like I'm missing work.

0:13:37.240 --> 0:13:40.120
<v Speaker 3>You'll find another job soon. You're much smarter than I am.

0:13:40.200 --> 0:13:40.680
<v Speaker 13>Ron.

0:13:41.320 --> 0:13:42.840
<v Speaker 3>Another firm is going to snap you up.

0:13:42.880 --> 0:13:46.959
<v Speaker 8>You'll see what the hell am I doing in New York? Sarah.

0:13:47.160 --> 0:13:48.679
<v Speaker 8>You don't need me on this thing.

0:13:48.760 --> 0:13:52.120
<v Speaker 13>Of course I do. You're a brilliant lawyer, much better

0:13:52.160 --> 0:13:52.520
<v Speaker 13>than I have.

0:13:52.760 --> 0:13:56.559
<v Speaker 15>Stop saying that, would you? You know you don't believe it,

0:13:56.840 --> 0:13:59.319
<v Speaker 15>and don't condescend to me in front of your interns.

0:14:00.000 --> 0:14:00.600
<v Speaker 8>Embarrassing.

0:14:01.640 --> 0:14:04.520
<v Speaker 13>I'm sorry I didn't realize I was.

0:14:04.760 --> 0:14:09.360
<v Speaker 15>Let's just go to sleep. Okay, it's three am.

0:14:08.520 --> 0:14:10.880
<v Speaker 3>All right, Mike.

0:14:10.920 --> 0:14:14.000
<v Speaker 11>He said he saw the news tonight nixing out a

0:14:14.040 --> 0:14:16.400
<v Speaker 11>lot of abortions at all military hospitals.

0:14:17.080 --> 0:14:18.520
<v Speaker 8>You think that was aimed at you?

0:14:18.800 --> 0:14:20.280
<v Speaker 13>I think it was aimed at Warrenberger.

0:14:22.800 --> 0:14:23.960
<v Speaker 8>This damn heat.

0:14:24.400 --> 0:14:26.320
<v Speaker 11>You think if we were dropped off in Sarajevo we'd

0:14:26.360 --> 0:14:27.400
<v Speaker 11>be able to tell the difference.

0:14:28.160 --> 0:14:29.880
<v Speaker 8>I was thinking it's more like Attika.

0:14:31.400 --> 0:14:34.720
<v Speaker 11>At least they have recreation time there. We spend every

0:14:34.760 --> 0:14:47.280
<v Speaker 11>second working. Oh it's so damn hot.

0:14:53.760 --> 0:15:11.440
<v Speaker 13>You sure can't do this in Attica.

0:15:12.160 --> 0:15:13.520
<v Speaker 8>That's my point, Sarah.

0:15:13.640 --> 0:15:15.680
<v Speaker 3>The heck it is wrong. Balls give the net and

0:15:15.760 --> 0:15:16.320
<v Speaker 3>you know it.

0:15:16.400 --> 0:15:18.760
<v Speaker 8>Fine cheat seventeen, serving eighteen.

0:15:19.360 --> 0:15:21.600
<v Speaker 4>Why haven't we talked about fetus, right, Sarah?

0:15:21.760 --> 0:15:23.800
<v Speaker 3>Not now, Katie. I need to concentrate.

0:15:24.160 --> 0:15:25.720
<v Speaker 4>This is your sixth game in a row. I think

0:15:25.720 --> 0:15:26.440
<v Speaker 4>you can handle it.

0:15:27.200 --> 0:15:29.440
<v Speaker 3>I think better when I play ping pong.

0:15:29.880 --> 0:15:35.280
<v Speaker 4>The fourteenth Amendment defines the person as anyone born or naturalized, says,

0:15:35.320 --> 0:15:36.200
<v Speaker 4>so right here.

0:15:36.600 --> 0:15:38.440
<v Speaker 3>My point seventeen surving nineteen.

0:15:38.760 --> 0:15:42.040
<v Speaker 4>We should use this, Sarah. A fetus hasn't been born,

0:15:42.320 --> 0:15:46.120
<v Speaker 4>so therefore has no rights under the Fourteenth Like literally

0:15:46.200 --> 0:15:49.040
<v Speaker 4>doesn't have the right to life, so killing a fetus

0:15:49.480 --> 0:15:50.280
<v Speaker 4>can't be a crime.

0:15:50.560 --> 0:15:52.920
<v Speaker 15>But there have been toward cases where a fetus that

0:15:53.000 --> 0:15:55.200
<v Speaker 15>was injured in the womb has warded damages.

0:15:55.360 --> 0:15:56.600
<v Speaker 8>Yeah, but only after birth.

0:15:56.720 --> 0:16:00.920
<v Speaker 14>Ron look at this Keeler Verse Superior Court who assaulted

0:16:01.000 --> 0:16:04.080
<v Speaker 14>his pregnant wife killing the fetus was found not guilty

0:16:04.080 --> 0:16:07.520
<v Speaker 14>of murder. Fetuses don't have property or inheritance rights for

0:16:07.680 --> 0:16:10.200
<v Speaker 14>hundreds of years of common law. If fetus has never

0:16:10.240 --> 0:16:11.320
<v Speaker 14>had the rights of a person.

0:16:11.560 --> 0:16:13.600
<v Speaker 11>We use a similar case in Dallas Mocky. But it's

0:16:13.640 --> 0:16:16.360
<v Speaker 11>a dangerous path. Do we really want the justices arguing

0:16:16.360 --> 0:16:19.080
<v Speaker 11>about when life begins? What if our opposition brings in

0:16:19.160 --> 0:16:22.880
<v Speaker 11>priests and rabbis and argue life begins a conception good backfire.

0:16:22.720 --> 0:16:25.080
<v Speaker 4>That's insane. Holy men shouldn't have a say.

0:16:25.160 --> 0:16:28.120
<v Speaker 11>The court is made up of flesh and blood, human beings, Katie,

0:16:28.200 --> 0:16:31.280
<v Speaker 11>with their own religious and emotional baggage, their own families.

0:16:31.320 --> 0:16:33.080
<v Speaker 11>I don't want them distracted by trying to figure out

0:16:33.120 --> 0:16:34.040
<v Speaker 11>when life begins.

0:16:35.080 --> 0:16:36.040
<v Speaker 3>I kind of do.

0:16:36.680 --> 0:16:39.359
<v Speaker 4>Imagine if they were forced to decide that life exists

0:16:39.400 --> 0:16:43.360
<v Speaker 4>like inside sperm, they'd literally have to call birth control murder.

0:16:43.440 --> 0:16:46.760
<v Speaker 16>Forget that masturbation would be murder, which is something that

0:16:46.800 --> 0:16:51.080
<v Speaker 16>even the justices won't get behind. It's my serve, Sarah,

0:16:51.480 --> 0:16:54.440
<v Speaker 16>damn it h eighteen nineteen Sarah, we need to take

0:16:54.480 --> 0:16:55.200
<v Speaker 16>big swings.

0:16:55.440 --> 0:16:57.840
<v Speaker 14>If we play it safe and don't take any chances,

0:16:57.880 --> 0:17:00.360
<v Speaker 14>this decision will be super narrow and base. We have

0:17:00.360 --> 0:17:01.760
<v Speaker 14>the same way as that ping pong ball.

0:17:02.000 --> 0:17:05.280
<v Speaker 11>We can't start expanding the argument. Guys, we're drowning and

0:17:05.320 --> 0:17:07.879
<v Speaker 11>research as it is. You're here for what eight hours

0:17:07.880 --> 0:17:09.720
<v Speaker 11>a week? We can only do what we.

0:17:09.720 --> 0:17:10.240
<v Speaker 3>Have time for.

0:17:10.680 --> 0:17:13.560
<v Speaker 15>I agree with Mikey, Sarah, you always play things to

0:17:13.560 --> 0:17:14.480
<v Speaker 15>your safe.

0:17:14.240 --> 0:17:46.959
<v Speaker 11>Oh, shut up, wrong, serve the ball. Hello, Linda and Sarah,

0:17:47.000 --> 0:17:47.840
<v Speaker 11>Please don't hang up.

0:17:48.600 --> 0:17:51.080
<v Speaker 17>I'm not a child, Sarah. I'm not gonna hang up

0:17:51.080 --> 0:17:51.880
<v Speaker 17>on you.

0:17:51.240 --> 0:17:52.919
<v Speaker 3>You have to come to New York.

0:17:53.000 --> 0:17:54.399
<v Speaker 17>Linda, Okay, now I'm hanging up.

0:17:54.440 --> 0:17:54.879
<v Speaker 11>We need you.

0:17:55.200 --> 0:17:55.720
<v Speaker 3>I need you.

0:17:56.320 --> 0:17:58.760
<v Speaker 11>I'm the only person working full time on this case.

0:17:59.160 --> 0:18:02.160
<v Speaker 11>I'm losing my time with everyone. I'm botting Ron's head off.

0:18:02.640 --> 0:18:05.040
<v Speaker 11>The interns here are God's sins, but they're like twelve

0:18:05.119 --> 0:18:05.840
<v Speaker 11>years old.

0:18:06.320 --> 0:18:06.879
<v Speaker 3>So are you.

0:18:07.560 --> 0:18:10.040
<v Speaker 11>Plus I've already beaten them all in ping pong, and

0:18:10.080 --> 0:18:10.520
<v Speaker 11>I need.

0:18:10.400 --> 0:18:14.119
<v Speaker 17>Fresh met I have a job, Sarah, the firmal just

0:18:14.200 --> 0:18:16.680
<v Speaker 17>let me leave, and you wanted this right.

0:18:16.720 --> 0:18:18.040
<v Speaker 2>You gets to me the face of the case.

0:18:18.680 --> 0:18:20.640
<v Speaker 3>How many times do I need to apologize?

0:18:20.920 --> 0:18:21.400
<v Speaker 17>Keep going?

0:18:21.440 --> 0:18:23.800
<v Speaker 3>I'll let you know I should.

0:18:23.480 --> 0:18:26.199
<v Speaker 11>Have acknowledged your role more, Linda, Okay, I don't know

0:18:26.240 --> 0:18:26.680
<v Speaker 11>what to say.

0:18:26.720 --> 0:18:29.680
<v Speaker 3>I'm a jerk. I've never been interviewed before. I wasn't prepared.

0:18:29.800 --> 0:18:34.479
<v Speaker 11>I can't do this without you. You know procedure and

0:18:34.560 --> 0:18:37.560
<v Speaker 11>statute a million times better than me. You're essential to

0:18:37.560 --> 0:18:39.760
<v Speaker 11>this case, and I promise to shout that from the

0:18:39.840 --> 0:18:41.800
<v Speaker 11>rafters every chance I get from here on out.

0:18:42.080 --> 0:18:44.480
<v Speaker 3>Please, this case needs you.

0:18:45.760 --> 0:18:46.719
<v Speaker 17>You're getting warmer.

0:18:48.200 --> 0:18:49.280
<v Speaker 15>Do you really believe all that?

0:18:49.600 --> 0:18:51.520
<v Speaker 3>Right now? Linda?

0:18:51.640 --> 0:18:54.359
<v Speaker 11>I swear to God, we're gonna lose, and we're gonna

0:18:54.359 --> 0:18:58.040
<v Speaker 11>lose big, and I'll not only have let all our

0:18:58.080 --> 0:19:00.239
<v Speaker 11>plaintiffs down, but I will have set the move went

0:19:00.320 --> 0:19:04.119
<v Speaker 11>back a decade. This case is going to force none

0:19:04.200 --> 0:19:07.320
<v Speaker 11>old men to decide women's rights for generations. So when

0:19:07.359 --> 0:19:12.639
<v Speaker 11>I fail, millions, hundreds of millions people keep telling me

0:19:12.680 --> 0:19:13.399
<v Speaker 11>I have the chance to.

0:19:13.480 --> 0:19:15.120
<v Speaker 3>Change the world, and I think they're right.

0:19:15.640 --> 0:19:19.400
<v Speaker 11>But without your help, there's a very very, very good chance,

0:19:19.440 --> 0:19:20.679
<v Speaker 11>it's going to be for the worst.

0:19:22.280 --> 0:19:23.440
<v Speaker 3>I can be on the plane by.

0:19:23.400 --> 0:19:45.439
<v Speaker 18>Day morning one.

0:19:46.520 --> 0:19:49.200
<v Speaker 5>Why do you insist on driving yourself to court? Harry,

0:19:49.640 --> 0:19:51.720
<v Speaker 5>Louis would be happy to pick you up. You're right

0:19:51.760 --> 0:19:55.520
<v Speaker 5>on our way in Morning, Justice Burger, Justice Blackman, Morning

0:19:55.600 --> 0:19:59.880
<v Speaker 5>James James. You coming by for lunch today, Harry, eleven thirty.

0:20:00.040 --> 0:20:02.200
<v Speaker 6>Yeah, let's have it in your chambers, all right. I'd

0:20:02.200 --> 0:20:04.439
<v Speaker 6>like to have a private talk about my workload. I

0:20:04.440 --> 0:20:06.120
<v Speaker 6>think I'm ready to take on a little more.

0:20:06.680 --> 0:20:07.760
<v Speaker 5>Well, it's about time.

0:20:08.000 --> 0:20:10.040
<v Speaker 6>I have a few ideas for cases that may help

0:20:10.080 --> 0:20:11.480
<v Speaker 6>me get my feet wet.

0:20:12.000 --> 0:20:15.600
<v Speaker 5>If there's no clear majority, Harry, I'm assigning.

0:20:15.240 --> 0:20:18.199
<v Speaker 8>You the abortion case. Excuse me.

0:20:19.760 --> 0:20:22.320
<v Speaker 5>You've got the medical background from your time at Mayo.

0:20:23.119 --> 0:20:24.280
<v Speaker 5>You're the obvious.

0:20:23.960 --> 0:20:29.040
<v Speaker 6>Choice, Lauren, I am, at best, the sixth most obvious choice.

0:20:29.080 --> 0:20:31.280
<v Speaker 6>I haven't written a single major decision yet.

0:20:31.400 --> 0:20:34.320
<v Speaker 5>You just said you wanted more responsibility. Here, I'm handing

0:20:34.400 --> 0:20:35.080
<v Speaker 5>it to you.

0:20:35.080 --> 0:20:37.600
<v Speaker 7>You're handing me a live grenade.

0:20:37.760 --> 0:20:39.960
<v Speaker 6>You want my first major decision on this court to

0:20:39.960 --> 0:20:42.160
<v Speaker 6>be settling the abortion controversy.

0:20:42.200 --> 0:20:43.320
<v Speaker 7>You're out of your mind.

0:20:43.560 --> 0:20:45.640
<v Speaker 5>Relax, Harry, you'll do fine.

0:20:45.760 --> 0:20:51.119
<v Speaker 6>They'll all resent it. And me, Bill Whizzer third Good. Anyway,

0:20:51.160 --> 0:20:54.200
<v Speaker 6>the senior justice in the majority gets to assign the case,

0:20:54.280 --> 0:20:55.880
<v Speaker 6>it may not be yours to give out.

0:20:56.480 --> 0:20:59.040
<v Speaker 5>Let me worry about third Good, Bill and the others.

0:21:00.080 --> 0:21:02.320
<v Speaker 5>You both know which way this case is gonna come down.

0:21:03.480 --> 0:21:06.520
<v Speaker 6>You have a crystal ball, Warren. We haven't even heard

0:21:06.560 --> 0:21:09.080
<v Speaker 6>the case yet or read the briefs. I have no

0:21:09.240 --> 0:21:13.160
<v Speaker 6>earthly idea which way we'll. Don't be a child, Harry,

0:21:14.080 --> 0:21:15.800
<v Speaker 6>what's this really about, Warren?

0:21:17.000 --> 0:21:31.200
<v Speaker 9>You'll do fine, Harry.

0:21:32.040 --> 0:21:33.520
<v Speaker 8>I thought you could use a refail.

0:21:35.600 --> 0:21:39.960
<v Speaker 11>Ron. You're the greatest, Thank you baby, Such a clear

0:21:40.080 --> 0:21:43.080
<v Speaker 11>nat you can see all the way to the Statue

0:21:43.080 --> 0:21:44.560
<v Speaker 11>of Liberty.

0:21:45.240 --> 0:21:48.280
<v Speaker 13>It really does look like a little village, doesn't it if.

0:21:48.160 --> 0:21:53.480
<v Speaker 15>You ignore the sirens, burglar alarms, constant Honkins. Sure, Mikey

0:21:53.560 --> 0:21:55.840
<v Speaker 15>tell you a stewardess was murdered around the corner a

0:21:55.880 --> 0:21:56.560
<v Speaker 15>few nights ago.

0:21:57.560 --> 0:21:58.440
<v Speaker 13>You're gonna move, Ron.

0:21:59.119 --> 0:22:02.000
<v Speaker 11>Sorry, I'm no expert, but I bet this is the

0:22:02.000 --> 0:22:03.440
<v Speaker 11>best breeze in New York right now?

0:22:04.119 --> 0:22:08.920
<v Speaker 8>What do you think I'm leaving, Sarah All?

0:22:09.040 --> 0:22:11.400
<v Speaker 3>This is for us, Ron, You know that, right?

0:22:12.119 --> 0:22:14.159
<v Speaker 11>I mean, you know how easy it'd be for me

0:22:14.200 --> 0:22:15.600
<v Speaker 11>to stay at my dead end job for the next

0:22:15.600 --> 0:22:16.200
<v Speaker 11>forty years.

0:22:16.200 --> 0:22:17.840
<v Speaker 3>Just stay there and finish that sentence.

0:22:18.920 --> 0:22:22.040
<v Speaker 15>Ron, stay in a dead end job and stay married

0:22:22.040 --> 0:22:24.119
<v Speaker 15>to me, that's a nightmare, I.

0:22:24.400 --> 0:22:25.000
<v Speaker 13>Of course not.

0:22:25.119 --> 0:22:26.160
<v Speaker 3>How can you even you.

0:22:26.119 --> 0:22:29.120
<v Speaker 15>Think I've enjoyed having you boss me around in front

0:22:29.160 --> 0:22:30.280
<v Speaker 15>of these interns.

0:22:30.359 --> 0:22:32.600
<v Speaker 8>Sarah, you know how.

0:22:32.480 --> 0:22:37.199
<v Speaker 15>Often my friends rasp me about my famous independent wife.

0:22:37.600 --> 0:22:40.240
<v Speaker 8>Do you know one other man who would allow his

0:22:40.280 --> 0:22:41.080
<v Speaker 8>wife to do this?

0:22:41.920 --> 0:22:42.120
<v Speaker 11>No?

0:22:42.800 --> 0:22:43.240
<v Speaker 3>I don't.

0:22:43.600 --> 0:22:45.919
<v Speaker 8>Well, then why the hell should I?

0:22:46.320 --> 0:22:49.760
<v Speaker 11>Because I'm drowning wrong. I don't know what the hell

0:22:50.080 --> 0:22:53.240
<v Speaker 11>I'm doing. I pretend to be confident because I know

0:22:53.400 --> 0:22:56.560
<v Speaker 11>I should be as the lead attorney, But every moment

0:22:56.680 --> 0:22:59.679
<v Speaker 11>with these interns, I'm terrified they're going to realize I'm

0:22:59.680 --> 0:23:02.560
<v Speaker 11>a fraud. God Roy Lucas was supposed to help us

0:23:02.560 --> 0:23:05.520
<v Speaker 11>figure all this out. Instead, I'm the one that has

0:23:05.520 --> 0:23:08.919
<v Speaker 11>to decide what constitutional argument to pay abortion to me,

0:23:09.960 --> 0:23:12.960
<v Speaker 11>the oldest twenty five year old on the planet. I'm

0:23:13.000 --> 0:23:15.240
<v Speaker 11>in so far over my head I can't even see

0:23:15.240 --> 0:23:18.200
<v Speaker 11>the damn sky. And staying in my dead end job

0:23:18.240 --> 0:23:20.440
<v Speaker 11>and staying married to you isn't the night mare?

0:23:20.480 --> 0:23:20.760
<v Speaker 3>Wrong?

0:23:21.160 --> 0:23:22.560
<v Speaker 8>No? What is?

0:23:24.000 --> 0:23:24.840
<v Speaker 3>What if I'm wrong?

0:23:25.160 --> 0:23:27.680
<v Speaker 8>What if you're wrong about what, Sarah?

0:23:28.119 --> 0:23:31.360
<v Speaker 11>What if life really does start a conception? What if

0:23:31.400 --> 0:23:34.320
<v Speaker 11>everything they're arguing is absolutely right and everything I'm arguing

0:23:34.440 --> 0:23:37.439
<v Speaker 11>is absolutely wrong. If somehow we pull this off, if

0:23:37.480 --> 0:23:40.040
<v Speaker 11>by some miracle we win this thing and I'm dead

0:23:40.080 --> 0:23:43.000
<v Speaker 11>wrong about all of it, well, I guess that make

0:23:43.040 --> 0:23:46.320
<v Speaker 11>me responsible for more murders than just about anybody in history.

0:23:47.040 --> 0:23:52.640
<v Speaker 11>So my question wrong is what if I'm wrong? Please

0:23:52.680 --> 0:23:53.160
<v Speaker 11>don't leave.

0:24:04.240 --> 0:24:06.119
<v Speaker 3>What do we think about privacy? Katie?

0:24:06.160 --> 0:24:08.679
<v Speaker 4>Here are the Women's Institute. I think we're lucky. There

0:24:08.720 --> 0:24:10.320
<v Speaker 4>are doors on the bathroom stalls.

0:24:10.000 --> 0:24:11.480
<v Speaker 3>Sarah, very funny.

0:24:11.600 --> 0:24:14.400
<v Speaker 11>Look at these pages. The Court has been deciding privacy

0:24:14.400 --> 0:24:16.160
<v Speaker 11>cases for years. They just don't call it that.

0:24:16.480 --> 0:24:17.800
<v Speaker 3>What do you mean? What do they call it?

0:24:18.200 --> 0:24:20.680
<v Speaker 11>Just as Brandeis wrote in a Descent about forty years

0:24:20.680 --> 0:24:23.040
<v Speaker 11>ago that people have the right to be left alone,

0:24:23.520 --> 0:24:26.080
<v Speaker 11>the abortion laws are the opposite of that, aren't they.

0:24:26.680 --> 0:24:27.639
<v Speaker 3>They're so invasive.

0:24:27.960 --> 0:24:30.840
<v Speaker 4>But if Brandeis wrote it in a dissenting opinion.

0:24:30.640 --> 0:24:32.840
<v Speaker 3>It's still in the record, still precedent.

0:24:33.400 --> 0:24:36.320
<v Speaker 4>If the current court even cares, there's four next and

0:24:36.359 --> 0:24:37.159
<v Speaker 4>cronies on there.

0:24:37.040 --> 0:24:40.080
<v Speaker 11>Now, cronies who are still bound by the justices that

0:24:40.160 --> 0:24:43.640
<v Speaker 11>came before. Look at this Pierce v. Society of Sisters,

0:24:43.720 --> 0:24:46.600
<v Speaker 11>olm said vus mayor of v Nebraska. All rely on

0:24:46.640 --> 0:24:49.040
<v Speaker 11>an unstated, unwritten right to privacy.

0:24:49.640 --> 0:24:54.640
<v Speaker 4>Okay, but I'd feel better if it was like actually stated.

0:24:54.600 --> 0:24:57.080
<v Speaker 3>We take what we can get. Katie. There's an implicit

0:24:57.200 --> 0:24:58.800
<v Speaker 3>rat to privacy in the nonth Amendment.

0:24:59.520 --> 0:25:04.120
<v Speaker 4>Again, I'd feel better if it was explicit. I guess

0:25:04.160 --> 0:25:06.440
<v Speaker 4>I just worry that if we rely on a right

0:25:06.640 --> 0:25:10.160
<v Speaker 4>that's not actually written into the Constitution, even if we win,

0:25:10.840 --> 0:25:12.320
<v Speaker 4>critics will have an easy target.

0:25:12.480 --> 0:25:14.639
<v Speaker 3>So what's the alternative? The equal protection clause?

0:25:15.000 --> 0:25:19.400
<v Speaker 4>Why not restricting abortion definitely impeded? Shender equality?

0:25:19.440 --> 0:25:20.520
<v Speaker 3>What is wrong with that?

0:25:20.880 --> 0:25:22.800
<v Speaker 17>What's wrong with it is that Sarah wants to win.

0:25:23.320 --> 0:25:25.160
<v Speaker 3>Linda, Oh my god, you're here.

0:25:25.280 --> 0:25:27.520
<v Speaker 17>And nine men will never agree that de nine women

0:25:27.560 --> 0:25:30.600
<v Speaker 17>abortions has anything to do with equality. I can give

0:25:30.600 --> 0:25:32.560
<v Speaker 17>you a week before my firm sends an assassin to

0:25:32.600 --> 0:25:33.440
<v Speaker 17>hunt me down.

0:25:33.640 --> 0:25:37.000
<v Speaker 11>In this neighborhood. Who'd even notice me, Katie, our truly

0:25:37.080 --> 0:25:38.240
<v Speaker 11>brilliant intern.

0:25:38.160 --> 0:25:42.320
<v Speaker 17>A Hi, Katie, where's wrong? He came up from Dallas

0:25:42.320 --> 0:25:42.800
<v Speaker 17>with you, right.

0:25:42.720 --> 0:25:43.440
<v Speaker 10>Sir Sarah?

0:25:43.520 --> 0:25:44.080
<v Speaker 8>Sarah?

0:25:44.160 --> 0:25:46.560
<v Speaker 3>Micky ahead let me introduce you to Linda Costs. He

0:25:46.640 --> 0:25:48.360
<v Speaker 3>screwed us, Mackie.

0:25:48.400 --> 0:25:50.320
<v Speaker 14>I'm sorry, but he took us behind the shed. Now

0:25:50.400 --> 0:25:51.520
<v Speaker 14>hould our pants down.

0:25:51.320 --> 0:25:53.240
<v Speaker 3>In calmed out? Tell us what you're talking about?

0:25:53.240 --> 0:25:55.159
<v Speaker 14>And an appearance paper has to be filed with the

0:25:55.200 --> 0:25:56.800
<v Speaker 14>Supreme Court before the trial.

0:25:57.240 --> 0:25:58.680
<v Speaker 3>Okay, fun, we'll file it.

0:25:58.800 --> 0:25:59.480
<v Speaker 8>So you're pal.

0:25:59.600 --> 0:26:01.560
<v Speaker 7>Roy Lukeucas already filed it himself.

0:26:01.600 --> 0:26:06.120
<v Speaker 11>Sarah, I don't understand what did mister Lucas file exactly?

0:26:06.280 --> 0:26:09.679
<v Speaker 7>He visited himself as counsel, just himself.

0:26:09.880 --> 0:26:14.560
<v Speaker 3>Well, I mean he's not allowed to do that.

0:26:14.760 --> 0:26:15.520
<v Speaker 10>What's allowed?

0:26:15.960 --> 0:26:17.000
<v Speaker 7>There is no allowed.

0:26:17.040 --> 0:26:19.600
<v Speaker 14>He did it. He stole our case, Sarah, far As

0:26:19.640 --> 0:26:22.639
<v Speaker 14>the Supreme Court's concerned. Roy Lucas is lead counsel in

0:26:22.680 --> 0:26:25.680
<v Speaker 14>the matter of Roe versus Wade. End of story. Sarah,

0:26:25.720 --> 0:26:27.960
<v Speaker 14>you're not even going to be permitted to speak in court.

0:26:29.200 --> 0:26:32.440
<v Speaker 17>Landa looks legitimate, Sarah.

0:26:32.480 --> 0:26:34.400
<v Speaker 7>We gotta fight this immediately.

0:26:34.600 --> 0:26:37.040
<v Speaker 4>Mike, he's right. Who do we know what the Supreme

0:26:37.040 --> 0:26:38.919
<v Speaker 4>Court that can help maybe a clerk or no.

0:26:40.560 --> 0:26:46.360
<v Speaker 3>You know what, It's fine, mister Lucas is more experienced.

0:26:46.600 --> 0:26:49.240
<v Speaker 8>What how can you say that, Sarah?

0:26:49.280 --> 0:26:53.320
<v Speaker 11>You can't be serious? Lucas has worked on this level before, Linda,

0:26:53.600 --> 0:26:57.760
<v Speaker 11>we haven't. I've only stood before Judge a single solitary time,

0:26:57.760 --> 0:26:58.920
<v Speaker 11>and we're struggling.

0:27:00.720 --> 0:27:03.440
<v Speaker 3>Let mister Lucas figure out which amendments to use.

0:27:03.720 --> 0:27:06.199
<v Speaker 11>I know it's disappointing, but maybe this is the right outcome.

0:27:06.320 --> 0:27:07.520
<v Speaker 10>What are you saying, Sarah?

0:27:07.880 --> 0:27:08.760
<v Speaker 8>You just want to quit?

0:27:09.080 --> 0:27:10.840
<v Speaker 10>This was all for nothing, Sarah.

0:27:10.920 --> 0:27:12.560
<v Speaker 3>This is what Lucas does.

0:27:12.840 --> 0:27:16.720
<v Speaker 4>It's his m We can't just let him win, Sarah win.

0:27:17.920 --> 0:27:22.200
<v Speaker 3>This isn't a game. We do what's best for the case.

0:27:22.680 --> 0:27:24.840
<v Speaker 11>Can you all honestly say I should be up there

0:27:24.840 --> 0:27:29.000
<v Speaker 11>answering mister Thurgood Freaking Marshall's questions, William Brennan's on a

0:27:29.040 --> 0:27:31.840
<v Speaker 11>case is important? Is this a case that can affect

0:27:31.920 --> 0:27:36.080
<v Speaker 11>this many millions of people? Can you all honestly say

0:27:36.240 --> 0:27:37.800
<v Speaker 11>that I'm the best person.

0:27:37.480 --> 0:27:38.000
<v Speaker 9>For the job.

0:27:38.200 --> 0:27:48.760
<v Speaker 3>Yes, well I can't. I'm sorry, Supreme.

0:27:49.240 --> 0:27:53.920
<v Speaker 1>The Battle Farah from iHeart Podcasts created and written by

0:27:54.000 --> 0:27:59.520
<v Speaker 1>Aaron Tracy, directed by Rachel Winter, starring Maya Hawk, William H. Macy,

0:27:59.720 --> 0:28:04.560
<v Speaker 1>and Al Breslin, also featuring William Fickner as Warren, Luke

0:28:04.720 --> 0:28:09.240
<v Speaker 1>Kirby as Roy Ashley ESQ as Katie Aaron Cavitt as Mikey.

0:28:10.160 --> 0:28:14.879
<v Speaker 1>Executive produced by Eva Longoria, Ben Spector, Rachel Winter and

0:28:14.920 --> 0:28:18.639
<v Speaker 1>Aaron Tracy, as well as Katrina Norvell and Anna Stump

0:28:18.680 --> 0:28:23.000
<v Speaker 1>from iHeart produced by Kelly and Kelly. Executive producers for

0:28:23.119 --> 0:28:27.560
<v Speaker 1>Kelly and Kelly are Chris Kelly, Lauren Berkovich, and Pat Kelly.

0:28:28.200 --> 0:28:31.720
<v Speaker 1>Produced by Tamara Black for Kelly and Kelly. Director of

0:28:31.760 --> 0:28:37.200
<v Speaker 1>Audio Chris Kelly. Original score by Hamilton Leitthauser and Anna

0:28:37.240 --> 0:28:42.600
<v Speaker 1>Stump edited in sound designed by Paul TATOSKINI. For a

0:28:42.640 --> 0:28:44.720
<v Speaker 1>full list of credits, please see show notes.

0:28:49.680 --> 0:28:54.920
<v Speaker 14>This is a production of Unbelievable Entertainment in partnership with iHeartRadio.