WEBVTT - Ep 07: Marble Palace 0:00:07.640 --> 0:00:14.600 From iHeart Podcasts. This is Supreme The Battle for Rows 0:00:14.920 --> 0:00:22.120 eighteen Roll against Wayne, starring Maya Hawky and William H. Mason. 0:00:24.079 --> 0:00:24.639 Whenever you are. 0:00:24.560 --> 0:00:27.800 Ready, mister Chief Justice and Maya Pleased the Court. 0:00:28.880 --> 0:00:32.160 Episode seven Marble Palace. 0:00:36.920 --> 0:00:43.040 Mister Chief Justice man, please may please the court, please mabe. 0:00:42.800 --> 0:00:43.560 Please the court. 0:00:45.479 --> 0:00:50.559 Oh five am? Well that was wrestful. 0:01:02.520 --> 0:01:06.839 Far fucking now, Linda, sh Sarah, no one's around. Who's 0:01:06.880 --> 0:01:08.520 gonna hear me? The car doesn't care? 0:01:08.720 --> 0:01:12.080 I hear you. Show some respect to this place. Brother. 0:01:12.360 --> 0:01:14.520 We're supposed to go to the Marshall's office first. There 0:01:14.520 --> 0:01:25.560 it is. Hello there, I'm Sarah Weddington and this is Linda. Coffee. 0:01:25.640 --> 0:01:28.320 We're the lawyers arguing this morning. Sorry, we're a little early. 0:01:28.560 --> 0:01:31.360 Come back in an hour, ladies, you'll still be early. 0:01:31.840 --> 0:01:35.080 Come on, ma'am, have a heart, won't you. We've never 0:01:35.160 --> 0:01:35.720 done this before. 0:01:35.760 --> 0:01:36.560 We're nervous as heck. 0:01:36.600 --> 0:01:37.800 Put yourself in our shoes. 0:01:38.640 --> 0:01:42.679 Sorry, I need coffee. Welcome to the Supreme Court, ladies. 0:01:43.400 --> 0:01:45.800 Here's a card authorizing what you may and may not 0:01:45.840 --> 0:01:48.840 bring into the courtroom and other instructions. 0:01:48.320 --> 0:01:48.800 For you both. 0:01:49.440 --> 0:01:50.400 You have a third, don't you? 0:01:50.680 --> 0:01:50.880 Yes? 0:01:51.240 --> 0:01:53.720 Right, Lucas, I'll be at our table. He won't be 0:01:53.760 --> 0:01:58.680 speaking now, let me see these instructions remain seated at 0:01:58.720 --> 0:02:01.680 the reserve table through out the argument of the case, 0:02:01.680 --> 0:02:03.400 which immediately precedes. 0:02:03.000 --> 0:02:05.480 Your case that doesn't apply to us. We're the first 0:02:05.520 --> 0:02:06.080 case today. 0:02:06.280 --> 0:02:10.600 When counsel's turn comes for argument, he will proceed to 0:02:10.760 --> 0:02:15.239 the rosterrum without being called. He should not begin until 0:02:15.320 --> 0:02:18.079 he has been recognized by the Chief Justice. Then he 0:02:18.120 --> 0:02:21.480 should open his argument with mister Chief Justice and may 0:02:21.520 --> 0:02:23.000 it please the court? Wow? 0:02:23.600 --> 0:02:25.920 Sorry about that. Not a lot of call for a 0:02:25.919 --> 0:02:27.040 female version of these. 0:02:27.280 --> 0:02:30.760 This is intense. There are fewer protocols when we meet 0:02:30.760 --> 0:02:31.120 the queen. 0:02:31.280 --> 0:02:34.040 How would you possibly know that? Linda? Thank you, ma'am. 0:02:34.240 --> 0:02:35.320 Come on, Lyda, let's go. 0:02:37.600 --> 0:02:38.359 Missus Weddington. 0:02:39.120 --> 0:02:42.960 Yes, I just want you to know a bunch. 0:02:42.680 --> 0:02:46.840 Of US staffers here at court we're rooting for you today. 0:02:48.480 --> 0:02:50.160 Go get them. 0:02:50.360 --> 0:02:58.960 Thank you. Thank you so much, Linda. Did you just 0:02:59.000 --> 0:03:00.000 hear what she just said to me? 0:03:00.280 --> 0:03:18.600 Keep it together, Sarah. Check out the courtroom, Sarah, Okay, 0:03:19.680 --> 0:03:22.600 you look white, I mean more than usual. 0:03:23.040 --> 0:03:25.880 The courtroom is smaller than I thought. 0:03:26.040 --> 0:03:28.720 Three hundred and fifty seats, isn't enough for you. You 0:03:28.720 --> 0:03:31.400 think your jan is chompling all of a sudden. Look, 0:03:33.040 --> 0:03:35.480 that must be the three minute section, my son. 0:03:35.720 --> 0:03:38.680 For tourists, they sit for three minutes at a time, 0:03:38.920 --> 0:03:40.360 then get replaced by a new group. 0:03:40.520 --> 0:03:42.480 Well, that's not gonna be distracting at all. 0:03:42.800 --> 0:03:44.720 But I had no idea. The lawyers stand was this 0:03:44.800 --> 0:03:47.680 close to the bench. Why don't they move it back? 0:03:48.600 --> 0:03:50.320 My God, when I stand here, if I reach out 0:03:50.400 --> 0:03:52.360 my hand and the Chief Justice reaches out here, we 0:03:52.400 --> 0:03:52.880 could shake. 0:03:53.040 --> 0:03:57.200 Okay, but you're not gonna do that. Ray, right, Sarah. 0:03:56.920 --> 0:03:58.720 It's like sitting in the dang front row of a 0:03:58.760 --> 0:04:01.800 movie theater, says on the ends, won't even be in 0:04:01.880 --> 0:04:02.840 my field of vision. 0:04:03.120 --> 0:04:08.960 Breathe, Sarah breathed in an out look. Gifts for us, 0:04:09.360 --> 0:04:12.720 handmade goose quill pens. We get to keep these. 0:04:13.240 --> 0:04:15.400 Every lawyer who's ever argued here has. 0:04:15.640 --> 0:04:18.159 Oh what is it now, Sarah, why do you look weird? 0:04:18.640 --> 0:04:22.640 No, it's just it reminds me of my father's church. 0:04:24.000 --> 0:04:24.919 I wasn't expecting that. 0:04:25.120 --> 0:04:28.560 Okay, this is a bad time for an acid flashback, Sarah. 0:04:28.680 --> 0:04:32.360 The pews, the gallery, the lectern, the stage. 0:04:32.800 --> 0:04:37.400 Okay, is church a happy memory or a sad memory. 0:04:38.560 --> 0:04:40.120 When I was a little girl, I used to entertain 0:04:40.160 --> 0:04:41.400 my father's whole congregation. 0:04:42.560 --> 0:04:44.080 There are some of my fondest memories. 0:04:44.240 --> 0:04:48.280 Happy then, if I can just pull you back into 0:04:48.320 --> 0:04:52.200 the present for a minute, Sarah, remember what we practiced. Look, 0:04:52.880 --> 0:04:54.960 they even put a cheat sheet on the lectern for 0:04:55.040 --> 0:04:58.440 you with the Justice seating arrangement. Make eye contact with 0:04:58.520 --> 0:05:02.200 Powell on everything related to ninth Amendment. Look at Burger 0:05:02.240 --> 0:05:05.159 when pushing the fourteenth. He may be persuadable on that. 0:05:05.640 --> 0:05:06.440 What about black Man? 0:05:06.640 --> 0:05:10.320 Don't focus on him, Harry. Blackman is just burger sidekick. 0:05:10.800 --> 0:05:13.839 Convince Warren and Harry will follow, And don't go over 0:05:13.880 --> 0:05:16.479 the allotted time. A white light goes on here when 0:05:16.480 --> 0:05:19.200 you have a few minutes left, when the red light 0:05:19.240 --> 0:05:21.159 goes on, sit your buck down. 0:05:21.560 --> 0:05:24.160 I know I'm the one who told you all that 0:05:24.880 --> 0:05:30.080 I got it. Linda good, Okay, So. 0:05:32.080 --> 0:05:33.640 What do you want to do for the next three hours? 0:05:41.640 --> 0:05:43.800 Excuse me, sir, We can't seem to find the lavatory 0:05:44.040 --> 0:05:44.919 we're arguing. 0:05:44.640 --> 0:05:48.120 This morning, of course, missus Whittington. It's in the lawyer's lock. 0:05:48.480 --> 0:05:51.919 Actually, I only saw a man's room in there, Oh right. 0:05:52.640 --> 0:05:55.040 The women's facilities are in the basement. 0:05:55.200 --> 0:05:57.200 I think, of course, why. 0:05:57.000 --> 0:06:03.040 Wouldn't they be, Sarah, Mama, you look so beautiful, sweetie. 0:06:03.080 --> 0:06:04.200 Momma, you remember leading. 0:06:04.080 --> 0:06:07.880 To coffee him? Missus Rigel, how was the fly? Very easy? 0:06:08.560 --> 0:06:08.800 Here? 0:06:09.000 --> 0:06:10.919 The girl's drum scrapook needs you a card? 0:06:11.279 --> 0:06:13.479 Thanks, Mama. Where's Daddy still in the cap? 0:06:14.120 --> 0:06:20.120 Daddy couldn't make it, Dear, What what do you mean? 0:06:20.680 --> 0:06:25.560 He just he couldn't make it? Oh, Sarah, do not 0:06:25.800 --> 0:06:26.680 fall apart on me. 0:06:26.839 --> 0:06:27.200 Not now. 0:06:27.320 --> 0:06:28.880 Big a day of my life and he couldn't come. 0:06:29.560 --> 0:06:32.360 Excuse me, Missus Rigel, I need Sarah for a second. 0:06:32.680 --> 0:06:34.720 Of course, go get ready. 0:06:34.720 --> 0:06:40.560 Good luck, it's fine. Daddy's very busy. It's a long 0:06:40.560 --> 0:06:41.279 trip from Dallas. 0:06:41.320 --> 0:06:43.160 It's fine, Sarah. 0:06:43.279 --> 0:06:47.039 Your father is a freaking minister and a Texan and 0:06:47.080 --> 0:06:50.279 a man. Some part of you feel like if he 0:06:50.440 --> 0:06:52.960 was a portive of this and almost wouldn't be worth 0:06:53.000 --> 0:06:53.200 you in. 0:06:56.160 --> 0:07:18.360 I guess. 0:07:12.280 --> 0:07:14.120 I can't believe you scored these seats, Katie. 0:07:14.360 --> 0:07:15.360 Must have been expensive. 0:07:15.440 --> 0:07:19.000 It's not a next game, Mike yat they were free. 0:07:19.480 --> 0:07:21.080 Did you speak to Sarah this morning? 0:07:21.400 --> 0:07:23.520 Wish your good luck from the group. No, I didn't 0:07:23.560 --> 0:07:26.720 want to rattle or we'll catch her after me. I 0:07:26.760 --> 0:07:28.080 should be able to breathe again. 0:07:27.920 --> 0:07:35.760 By then, missus Weddington, Thanks coffee, mister Lucas, good to 0:07:35.760 --> 0:07:36.080 see you. 0:07:37.920 --> 0:07:41.880 I can't believe this crowdland. Everybody's here. Look. Anne Richards 0:07:41.920 --> 0:07:42.920 is sitting right over there. 0:07:42.760 --> 0:07:46.120 By wrong yep, your husband is also two seats away 0:07:46.120 --> 0:07:46.960 from Betty for Dan. 0:07:47.360 --> 0:07:50.559 That's Betty for Dan. Oh, and there's Mikey and Katie 0:07:50.560 --> 0:07:54.080 from the Institute. There's being deb who those women in 0:07:54.080 --> 0:07:55.320 the private area next to the bench. 0:07:55.400 --> 0:07:59.840 I think that's the life's box. Believe me, no Justice's wife. 0:08:00.000 --> 0:08:01.080 I used to miss this one. 0:08:01.480 --> 0:08:05.160 I wonder what the justices are doing right now. I 0:08:05.160 --> 0:08:06.520 think they're as nervous as we are. 0:08:06.640 --> 0:08:10.480 Are you kidding? They're shaking their robes. They kind of 0:08:10.560 --> 0:08:12.840 answer to the Sarah Wennington today. 0:08:18.760 --> 0:08:24.600 What do you see between what distinction do you make 0:08:24.640 --> 0:08:26.320 between one and nine months of justice? 0:08:26.320 --> 0:08:27.360 You look nervous, Harry. 0:08:28.720 --> 0:08:30.520 I'm just trying to be prepared, warn. 0:08:30.440 --> 0:08:34.240 Relax, especially with this one. Not a lot of suspense here, 0:08:35.720 --> 0:08:37.240 all right, gentlemen, here we go. 0:08:43.960 --> 0:08:47.400 The Honorable the Chief Justice and the Associate Justices of 0:08:47.480 --> 0:08:51.440 the Supreme Court of the United States o ya o 0:08:51.559 --> 0:08:52.880 ya o ya. 0:08:53.480 --> 0:08:56.800 All right, here we go, Sarah. 0:08:58.280 --> 0:09:01.600 All persons having business before the Honorable the Supreme Court 0:09:01.679 --> 0:09:04.600 of the United States are admonished to draw near and 0:09:04.640 --> 0:09:06.960 give their attention. But the Court is now sitting. 0:09:12.640 --> 0:09:18.240 Be sitting. 0:09:20.160 --> 0:09:26.240 We'll hear arguments in number eighteen row against uh Wade. 0:09:26.679 --> 0:09:37.800 Missus Weddington. You may proceed whenever you're ready. 0:09:34.720 --> 0:09:38.520 Mister Chief Justice, and may it please the Court. The 0:09:38.559 --> 0:09:43.160 Texas abortion laws are unconstitutional for two reasons. They're impermissibly vague, 0:09:43.160 --> 0:09:46.520 and they violate a woman's rats. They permit abortions only 0:09:46.559 --> 0:09:48.000 to save the life of the woman. 0:09:48.200 --> 0:09:51.760 Now, Missus Weddington, does this hold true for doctors as well? 0:09:53.600 --> 0:09:56.280 An interesting question, Chief Justice Burger, Why. 0:09:56.160 --> 0:09:57.360 Thank you, Missus Weddington. 0:09:58.720 --> 0:10:02.440 The current law is unclear, mister Chief Justice. Unless they 0:10:02.480 --> 0:10:05.559 can prove it's necessary to save a woman's life, doctors 0:10:05.600 --> 0:10:09.760 could be prosecuted under the law. But what if a 0:10:09.800 --> 0:10:12.439 woman comes to a doctor alleging she'll commit suicide if 0:10:12.440 --> 0:10:13.679 he doesn't give her an abortion. 0:10:14.280 --> 0:10:16.920 What's the doctor to do? The law is too vague, 0:10:16.920 --> 0:10:17.319 your honor. 0:10:17.400 --> 0:10:19.760 Let's talk about access, Missus Weddington. 0:10:20.120 --> 0:10:22.840 Oh okay, Justice. 0:10:22.600 --> 0:10:26.160 Blackman, you go into it extensively in your brief, But 0:10:27.120 --> 0:10:30.480 why is lack of access an undue burden on a woman? 0:10:30.920 --> 0:10:32.600 Thank you for the question, Justice Blackman. 0:10:33.440 --> 0:10:36.120 I would say that all personal and familial problems for 0:10:36.160 --> 0:10:38.560 a woman are bound up in pregnancy. 0:10:38.640 --> 0:10:39.960 It changes a woman's life. 0:10:40.480 --> 0:10:43.000 What I mean to say is pregnancy is one of 0:10:43.000 --> 0:10:46.840 the most determinative aspects of her life. It disrupts her body, 0:10:47.160 --> 0:10:50.000 it disrupts her education, it disrupts her employment, and it 0:10:50.080 --> 0:10:53.640 often disrupts her entire family. We feel that because of 0:10:53.679 --> 0:10:57.360 this fundamental impact on the woman, she must have access 0:10:57.400 --> 0:11:00.400 and ability to decide whether to continue or to terminate 0:11:00.480 --> 0:11:11.120 her pregnancy. 0:11:12.600 --> 0:11:19.160 Mister Floyd, when you're ready. 0:11:17.400 --> 0:11:20.000 Mister Chief Justice, and may it please the court. 0:11:20.679 --> 0:11:24.240 It's an old joke, but when a man argues against 0:11:24.320 --> 0:11:28.480 two beautiful ladies like these, they are going to have 0:11:28.520 --> 0:11:29.240 the last word. 0:11:31.280 --> 0:11:32.640 Get on with it, mister Floyd. 0:11:34.080 --> 0:11:35.800 Yes, mister Chief Justice. 0:11:36.080 --> 0:11:39.880 Yes, Before I proceed, I would like to bring the 0:11:40.000 --> 0:11:43.360 lack of standing to the Court's attention. We believe that 0:11:43.440 --> 0:11:46.480 this case is moot and should be dismissed outright because 0:11:46.600 --> 0:11:49.560 Jane Rowe, as well as the other plaintiffs are no 0:11:49.640 --> 0:11:50.480 longer pregnant. 0:11:50.679 --> 0:11:54.480 Mister Floyd, Are you suggesting there are no pregnant females 0:11:54.520 --> 0:11:55.600 in the state of Texas. 0:11:57.800 --> 0:11:58.319 This is a. 0:11:58.240 --> 0:12:01.320 Class action suit, mister Floyd, Yes, your honor, But for 0:12:01.360 --> 0:12:04.400 a class action suit to be valid, at least one 0:12:04.480 --> 0:12:06.640 member of the original suit must have standing. 0:12:07.200 --> 0:12:09.040 None of these plaintiffs in this case do. 0:12:09.559 --> 0:12:13.360 Mister Floyd. In the American judicial system, cases take longer 0:12:13.400 --> 0:12:17.800 than nine months to reach us. That's just fact. Under 0:12:17.840 --> 0:12:20.000 your reasoning, how could any pregnant woman ever sue? 0:12:20.040 --> 0:12:22.559 Withstanding they cannot justice Blackman? 0:12:23.120 --> 0:12:28.520 Some issues simply have no remedy. What I mean to 0:12:28.559 --> 0:12:31.920 say is that the woman makes her choice prior to 0:12:31.960 --> 0:12:33.440 the time she becomes pregnant. 0:12:34.040 --> 0:12:35.800 That is the time of choice. 0:12:36.360 --> 0:12:38.679 Or maybe she makes her choice when she decides to 0:12:38.679 --> 0:12:39.480 live in Texas. 0:12:39.520 --> 0:12:52.680 Mister Floyd, your honors, how long a woman has been 0:12:52.720 --> 0:12:54.679 pregnant should be a part of the Texas law and 0:12:54.760 --> 0:12:55.160 it is not. 0:12:55.920 --> 0:12:59.920 What distinctions do you make, missus Whittington me, your honor. Yes, 0:13:00.840 --> 0:13:03.120 you point out that Texas law doesn't refer to how 0:13:03.200 --> 0:13:06.400 long a woman has been pregnant, But what is your opinion? 0:13:07.000 --> 0:13:11.600 It is a I would say I have a more 0:13:11.640 --> 0:13:14.439 difficult time saying the state has no ability to regulate 0:13:14.440 --> 0:13:15.200 in late pregnancy. 0:13:15.320 --> 0:13:18.000 Justice black Man, Why why is that? 0:13:18.440 --> 0:13:22.320 I think it's more the emotional response to a late pregnancy, 0:13:22.400 --> 0:13:26.319 Justice Marshall say, in the seventh or eighth or ninth month, 0:13:26.400 --> 0:13:29.760 it might be out of bounds, but it's an emotional 0:13:29.760 --> 0:13:32.240 distinction rather than a constitutional one. 0:13:32.360 --> 0:13:37.040 Emotional an emotional response by whom Missus. 0:13:36.720 --> 0:13:40.440 Weddington, Well, I suppose by anyone considering this issue outside 0:13:40.440 --> 0:13:42.040 the legal profession, just as Marshall. 0:13:42.280 --> 0:13:44.880 In other words, you don't think there's a legal argument 0:13:44.960 --> 0:13:47.840 to me made about the distinction between early and late 0:13:47.920 --> 0:13:49.600 term abortions. Missus Weddington. 0:13:50.600 --> 0:13:54.800 Well, if we're speaking about a legal context, your honor. 0:13:55.120 --> 0:13:57.480 As long as we're in the courtroom, Missus Weddington, we 0:13:57.520 --> 0:13:58.080 may as well. 0:13:58.520 --> 0:14:00.920 This is Weddington. Let me make this simple. Do you 0:14:01.440 --> 0:14:03.960 or don't you say that time frame should be a 0:14:04.000 --> 0:14:05.880 part of the constitutional question. 0:14:06.160 --> 0:14:08.880 I would say, yes, Your Honor, the number of months 0:14:08.920 --> 0:14:10.920 that pass and a pregnancy are relevant. 0:14:11.280 --> 0:14:25.400 Okay, then, mister Floyd, when does life begin? 0:14:26.680 --> 0:14:28.920 Excuse me, Justice Marshall, you heard me. 0:14:30.080 --> 0:14:33.680 You represent the state of Texas. What is your position? 0:14:34.560 --> 0:14:36.920 Is there life in the first few weeks of pregnancy 0:14:37.560 --> 0:14:42.760 the last few. Surely, if your state intends to prohibit 0:14:42.800 --> 0:14:45.400 abortion on the grounds that it's taking away a life, 0:14:46.320 --> 0:14:49.680 you can tell us when the cutoff is, after all, 0:14:49.760 --> 0:14:52.520 mister Floyd, laws must be precise. 0:14:53.480 --> 0:14:54.840 Of course, Justice Marshall. 0:14:55.200 --> 0:14:58.400 So when is it, mister Floyd? Is there life after 0:14:58.520 --> 0:15:04.280 seven months, seven days one? Now the very moment of conception? 0:15:04.480 --> 0:15:04.880 Perhaps? 0:15:05.400 --> 0:15:07.160 Well, Justice Powell. 0:15:06.840 --> 0:15:09.400 And what scientific data do you have to support whatever 0:15:09.440 --> 0:15:11.160 your conclusion is, mister Floyd. 0:15:11.280 --> 0:15:19.000 And be specific, yes, Justice Blackman, it's the development of 0:15:19.040 --> 0:15:22.280 the embryo, is Mister Justice. 0:15:22.280 --> 0:15:26.480 I think it's humbling to there are some unanswerable. 0:15:26.000 --> 0:15:30.400 Questions, your honor, And we're talking about when the soul 0:15:30.680 --> 0:15:34.280 comes into the unborn, if a person believes in the soul, 0:15:35.360 --> 0:15:35.800 the soul. 0:15:38.360 --> 0:15:39.480 You know what, mister Floyd, did? 0:15:40.200 --> 0:15:52.560 I withdraw the question, Missus Weddington, You've made a very 0:15:52.600 --> 0:15:57.400 eloquent policy argument against the Texas law. What provisions of 0:15:57.440 --> 0:15:59.320 the Constitution do you rely on? 0:16:00.520 --> 0:16:01.560 Chief Justice Burger? 0:16:02.040 --> 0:16:03.720 In the lower court it was held that the right 0:16:03.760 --> 0:16:07.480 to terminate a pregnancy rested upon the Ninth Amendment. I 0:16:07.520 --> 0:16:10.600 think that the due process clause incorporated into the fourteenth 0:16:10.640 --> 0:16:14.640 Amendment is an equally appropriate place the Fourteenth Yes, just 0:16:14.680 --> 0:16:18.920 as Blackman prohibiting the deprivation of life, liberty, or property 0:16:18.920 --> 0:16:22.360 by the government. We believe that if liberty is meaningful 0:16:22.400 --> 0:16:24.840 at all, it should mean liberty from being forced to 0:16:24.840 --> 0:16:26.320 continue unwanted pregnancies. 0:16:26.560 --> 0:16:30.200 Missus Weddington, your case then depends primarily on our holding 0:16:30.280 --> 0:16:33.240 that the fetus is not a person with constitutional rights. 0:16:33.680 --> 0:16:34.280 Is that correct? 0:16:34.440 --> 0:16:35.440 Yes, Justice Brandon. 0:16:35.920 --> 0:16:39.440 So if it were established that the fetus was a life, 0:16:40.240 --> 0:16:43.000 you would have a difficult case, wouldn't you, Missus Weddington. 0:16:43.160 --> 0:16:59.000 Oh well, mister Floyd, do you know of any case 0:16:59.040 --> 0:17:03.320 anywhere that is that an unborn fetus is a person within. 0:17:03.080 --> 0:17:04.680 The meaning of the Fourteenth Amendment? 0:17:05.000 --> 0:17:06.480 No, mister Chief Justice. 0:17:06.640 --> 0:17:08.399 We can only go back to what the framers of 0:17:08.440 --> 0:17:09.879 our Constitution had in mind. 0:17:10.160 --> 0:17:13.600 Really, the framers, you want to take a moment to 0:17:13.640 --> 0:17:14.800 rethink that, mister Flood. 0:17:15.000 --> 0:17:17.840 Justice Brennan, I know this Court has given certain rights 0:17:17.840 --> 0:17:20.360 to groups that the Framers couldn't have foreseen in their day, 0:17:20.840 --> 0:17:23.320 But in this case there is no such rights that are. 0:17:23.280 --> 0:17:27.359 Mister Floyd, I don't think that's Justice Brennan's issue, or 0:17:27.400 --> 0:17:29.320 not his Ownly issue anyway. 0:17:29.320 --> 0:17:31.320 What is the issue, Justice Marshall. 0:17:32.000 --> 0:17:35.359 One issue is that the Framers were not particularly involved 0:17:35.400 --> 0:17:37.240 in the drafting of the Fourteenth Amendment. 0:17:37.280 --> 0:17:41.400 Mister Floyd. The Amendment was written in eighteen sixty six. 0:17:42.440 --> 0:17:45.520 Or are you suggesting that some of our founding fathers 0:17:45.520 --> 0:17:47.000 were immortals, mister. 0:17:46.720 --> 0:17:50.840 Floyd, No, your honor, I misspoke. Sticking with the Fourteenth 0:17:50.920 --> 0:17:55.120 Amendment for a moment, mister Floyd, let's look at the text. 0:17:55.680 --> 0:17:58.679 Does it define a person as someone who is born? 0:17:59.359 --> 0:18:03.200 It says all persons born or naturalized in the United 0:18:03.240 --> 0:18:04.960 States of America are afforded. 0:18:05.080 --> 0:18:07.879 Yes, But that's not the definition of a person, mister Floyd. 0:18:07.880 --> 0:18:12.439 That's the definition of a citizen. Isn't it true, mister Floyd, 0:18:12.680 --> 0:18:16.120 that the medical profession itself is not an agreement as 0:18:16.160 --> 0:18:17.360 to when life begins? 0:18:17.600 --> 0:18:19.960 I think that is true, Justice Blackman. 0:18:20.040 --> 0:18:23.119 But on the twentieth day, practically all of the faculties 0:18:23.240 --> 0:18:24.760 are there that you and I have. 0:18:25.200 --> 0:18:27.119 What are you basing that on, mister Floyd? 0:18:27.280 --> 0:18:28.440 On research, your honor? 0:18:28.880 --> 0:18:30.840 You care to be more specific. 0:18:30.520 --> 0:18:31.000 Your honor. 0:18:31.080 --> 0:18:34.240 A fetus is a person within the framework of the Constitution, 0:18:34.560 --> 0:18:35.199 simple as that. 0:18:35.560 --> 0:18:36.600 Uh huh. 0:18:36.920 --> 0:18:39.439 Of course, if you're right about that, mister Floyd. You 0:18:39.480 --> 0:18:41.280 can sit down. You've won your case. 0:18:41.680 --> 0:18:46.320 Yes, mister Chief Justice, the child has rights. This Court 0:18:46.400 --> 0:18:49.159 has been diligent in protecting the rights of the minority, 0:18:49.520 --> 0:18:53.520 and we hold that they are a minority, a silent minority, 0:18:53.600 --> 0:18:55.919 the true silent minority. 0:18:56.800 --> 0:18:58.360 Who is speaking for these children? 0:18:59.480 --> 0:19:02.320 Where is their protection for right to trial by jury 0:19:02.440 --> 0:19:04.240 when the mother wants to abord? 0:19:05.880 --> 0:19:09.800 Okay, But mister Floyd, if the fetus or embryo is 0:19:09.840 --> 0:19:14.240 not a person, then you've lost your case. If it's 0:19:14.359 --> 0:19:17.040 simple one way, it's just as simple. The other. 0:19:27.720 --> 0:19:30.720 Court observers are now pouring over the questions posed by 0:19:30.720 --> 0:19:34.080 the justices for any hints at how they might be leaning. 0:19:34.400 --> 0:19:39.520 The Court's decision has the potential to completely disrupt upcoming elections. 0:19:39.560 --> 0:19:42.960 In his previous life, Chief Justice Burger was an active 0:19:43.000 --> 0:19:46.240 member of the Republican Party. Can he now tune out 0:19:46.280 --> 0:19:50.040 the GOP's vocal desire to end the expansion of rice 0:19:50.119 --> 0:19:53.840 begun under the previous court, or will this case end 0:19:53.920 --> 0:19:56.040 up expanding them even more? 0:20:10.359 --> 0:20:12.520 How on earth did I let you drive me here? Sarah? 0:20:12.760 --> 0:20:14.879 I feel like I'm on a sixth grade field trip. 0:20:15.000 --> 0:20:18.240 Stop complaining will you how often are we in d 0:20:18.600 --> 0:20:19.720 see Linda? 0:20:20.000 --> 0:20:21.760 You think I'm not going to see the Lincoln Memorial. 0:20:22.040 --> 0:20:24.560 I'm just saying it's a strange way to celebrate what 0:20:24.680 --> 0:20:25.840 we just finished. 0:20:25.480 --> 0:20:28.199 And I think it's the perfect way. Let's pay our 0:20:28.240 --> 0:20:30.560 quick respects to honest tape. Then I want to see 0:20:30.600 --> 0:20:32.440 the Air and Space Museum and take one of those 0:20:32.640 --> 0:20:34.320 paddle boat things over to the Jefferson. 0:20:34.440 --> 0:20:36.520 Okay, just promise me we're not going back to the 0:20:36.560 --> 0:20:40.800 Supreme Court because the guided door would feel a little intoclimactic. 0:20:40.920 --> 0:20:43.920 Oh hush, Linda. Anyway, what do we have better to do? 0:20:44.480 --> 0:20:48.000 The case is officially out of our hands down. All 0:20:48.000 --> 0:20:50.560 we can do is wait, Hi, there. 0:20:50.080 --> 0:20:52.119 You two lovely ladies enjoying the sights. 0:20:52.440 --> 0:20:53.480 We sure are well. 0:20:53.480 --> 0:20:55.560 My buddies and I are heading over to duke Zieberts 0:20:55.560 --> 0:20:57.640 for some drinks. Would you ladies care to join? 0:20:57.720 --> 0:20:58.840 We're fine things anyway? 0:20:59.119 --> 0:20:59.920 What about you, doll? 0:21:00.480 --> 0:21:02.199 I'm sorry, we have a bunch of more sized to 0:21:02.200 --> 0:21:04.680 see today orally in town a couple of days. 0:21:04.760 --> 0:21:08.159 Okay, Well, can't blame a guy for trying. Where are 0:21:08.160 --> 0:21:11.719 you all visiting from from Dallas? No, the Cowboys are 0:21:11.760 --> 0:21:13.880 my team. What do you all do down there? 0:21:13.960 --> 0:21:14.680 We're lawyers. 0:21:14.920 --> 0:21:15.959 Get out of here. 0:21:16.440 --> 0:21:18.400 My pal over there and I are at Georgetown Law. 0:21:18.880 --> 0:21:20.240 Where are you two in school or not? 0:21:20.640 --> 0:21:21.440 We're practicing? 0:21:22.000 --> 0:21:25.200 Yeah, right, No, we are really re litigators. 0:21:25.400 --> 0:21:28.280 Mm hmm. Ever argued a case before? 0:21:28.880 --> 0:21:31.400 Uh huh, you could say. 0:21:31.240 --> 0:21:41.520 So, all right, let's get going, gentlemen. Anybody need anything 0:21:41.560 --> 0:21:43.080 before we start deliberations? 0:21:43.680 --> 0:21:46.360 Water, coffee, But let's just get going more. 0:21:46.160 --> 0:21:50.000 And find that Michael, take this back to my chambers. 0:21:50.200 --> 0:21:52.679 Tell the other porters we're squared away and let the 0:21:52.680 --> 0:21:55.680 clerks know. We'll be in closed conference. No disturbances. 0:21:56.119 --> 0:21:56.679 Yes, your. 0:22:02.040 --> 0:22:04.240 The state has the right to protect the fetus. 0:22:04.400 --> 0:22:05.080 End of story. 0:22:05.400 --> 0:22:07.520 Diving right in then, thank you, whizar. 0:22:07.280 --> 0:22:11.119 Oh Hawash Council demonstrated that the state has never given 0:22:11.119 --> 0:22:14.240 a fetus rights before. The young lady proved her argument. 0:22:14.480 --> 0:22:17.879 Yes she did, and the other lawyer, Floyd did himself. 0:22:17.920 --> 0:22:21.640 No favors. The Texas Statute is rife with contradictions. 0:22:21.720 --> 0:22:24.600 Doesn't mean we should strike it down their goood. It's 0:22:24.640 --> 0:22:27.840 still the state's issue to deal with. We should send 0:22:27.840 --> 0:22:28.440 it back to them. 0:22:28.480 --> 0:22:31.000 The country expects a resolution to this issue. We're not 0:22:31.080 --> 0:22:31.880 dodging at this time. 0:22:31.960 --> 0:22:35.280 Hey, no one's dodging anything, Bill, but it's not necessarily 0:22:35.359 --> 0:22:36.920 our role to weidhe in. 0:22:36.760 --> 0:22:39.840 The hell it isn't. The country's a mess. We can't 0:22:39.840 --> 0:22:42.520 have abortion illegal in the South and legal in the north. 0:22:42.560 --> 0:22:45.119