1 00:00:07,840 --> 00:00:13,440 Speaker 1: From iHeart Podcasts. This is Supreme The Battle. 2 00:00:13,119 --> 00:00:18,000 Speaker 2: For Rows eighteen Roll Against. 3 00:00:18,480 --> 00:00:22,280 Speaker 1: Wade, starring Maya Hawk and William H. Macon. 4 00:00:24,239 --> 00:00:24,840 Speaker 2: Whenever you are. 5 00:00:24,760 --> 00:00:27,960 Speaker 3: Ready, mister Chief Justice, and may have placed the Court. 6 00:00:29,200 --> 00:00:40,000 Speaker 1: Episode nine, The most controversial man in America. 7 00:00:37,080 --> 00:00:41,840 Speaker 4: Closed the door. I made a decision. We're starting over. 8 00:00:42,040 --> 00:00:43,760 Speaker 4: We're striking down the Texas law. 9 00:00:44,040 --> 00:00:46,120 Speaker 5: Really yes, really? 10 00:00:46,400 --> 00:00:48,520 Speaker 6: Yes? Why is that so hard to believe? 11 00:00:48,960 --> 00:00:52,159 Speaker 5: It's just you're sure this time because you have had 12 00:00:52,159 --> 00:00:53,080 Speaker 5: a few false starts. 13 00:00:53,360 --> 00:00:55,400 Speaker 6: I am. Now, how do we get this done? 14 00:00:55,640 --> 00:00:56,080 Speaker 5: Your honor? 15 00:00:56,280 --> 00:00:59,160 Speaker 4: This will be my first major decision, I write, Charlie, 16 00:00:59,560 --> 00:01:00,640 Speaker 4: we need a home run. 17 00:01:00,840 --> 00:01:02,680 Speaker 5: Okay, I say we go for it, sir. The more 18 00:01:02,760 --> 00:01:05,080 Speaker 5: lenient we are with restrictions, the more likely we are 19 00:01:05,120 --> 00:01:07,000 Speaker 5: to ensure Marshall and Brennan's sign on. 20 00:01:07,200 --> 00:01:10,319 Speaker 4: No no, Marshall, Brennan and Douglas are in the bag. 21 00:01:10,440 --> 00:01:13,759 Speaker 4: We can't go too far and risk alienating Powell, Stewart 22 00:01:13,800 --> 00:01:14,319 Speaker 4: and Warren. 23 00:01:14,520 --> 00:01:17,480 Speaker 5: I disagree, sir. We shouldn't take the liberal justices for granted. 24 00:01:17,520 --> 00:01:21,800 Speaker 5: But aren't we missing the bigger picture? We only need 25 00:01:21,800 --> 00:01:23,520 Speaker 5: one more vote for a five four majority. 26 00:01:23,640 --> 00:01:28,600 Speaker 4: Absolutely not, sir, If we're evenly split one more vote 27 00:01:28,640 --> 00:01:29,480 Speaker 4: gets us over the top. 28 00:01:29,600 --> 00:01:32,399 Speaker 6: Yes, Charlie, I'm aware how math works. Thank you. 29 00:01:32,480 --> 00:01:36,120 Speaker 4: But open a newspaper, turn on the TV. Abortion clinics 30 00:01:36,120 --> 00:01:39,679 Speaker 4: are getting bombed, women and doctors are being harassed and dying. 31 00:01:39,959 --> 00:01:42,840 Speaker 4: This can't be a five to four decision. We can't 32 00:01:42,840 --> 00:01:47,039 Speaker 4: squeak by. I want a real majority, not a coin toss. Yes, sir, 33 00:01:47,360 --> 00:01:50,040 Speaker 4: Now let's go get the damn votes. You say I 34 00:01:50,040 --> 00:01:53,120 Speaker 4: have to play politics. That's what I'll do. I'll play 35 00:01:53,160 --> 00:01:55,520 Speaker 4: majong if you tell me that's the only way. Now, 36 00:01:55,520 --> 00:01:56,280 Speaker 4: where do we begin? 37 00:01:57,120 --> 00:01:58,160 Speaker 5: How about Justice Powell? 38 00:01:58,200 --> 00:02:02,040 Speaker 4: Ser Oh christ Hal wrote the blueprint for the rise 39 00:02:02,080 --> 00:02:05,600 Speaker 4: of the American Conservative movement. For the Lewis Powell, this 40 00:02:05,680 --> 00:02:09,000 Speaker 4: country would go back to before it even heard of FDR. Okay, 41 00:02:09,040 --> 00:02:11,760 Speaker 4: how about the Chief then, No, we need to work 42 00:02:11,800 --> 00:02:12,880 Speaker 4: our way toward Warren. 43 00:02:13,639 --> 00:02:15,600 Speaker 6: How about Wizard Justice White. 44 00:02:16,160 --> 00:02:17,840 Speaker 5: I'll due respect your honor. You're dreaming. 45 00:02:18,160 --> 00:02:20,520 Speaker 6: Wizard was appointed by JFK. Charlie. 46 00:02:20,639 --> 00:02:23,280 Speaker 4: There's a shot, and think how much it'll help dissuay 47 00:02:23,320 --> 00:02:23,800 Speaker 4: the others. 48 00:02:28,960 --> 00:02:31,400 Speaker 6: Whizz there, nice moves out there. 49 00:02:31,639 --> 00:02:34,440 Speaker 7: I led the NFL in rushing my rookie season, Harry, 50 00:02:35,200 --> 00:02:36,560 Speaker 7: I don't need the condescension. 51 00:02:36,800 --> 00:02:39,640 Speaker 4: I didn't mean anything by it, Whizzer. It's about a 52 00:02:39,639 --> 00:02:42,480 Speaker 4: million times better than I could do. You have a 53 00:02:42,520 --> 00:02:43,760 Speaker 4: second to talk, Oh. 54 00:02:43,680 --> 00:02:46,520 Speaker 7: Christ No, I haven't read your latest five hundred page 55 00:02:46,520 --> 00:02:49,160 Speaker 7: opis Harry, how about you give me the cliffs notes. 56 00:02:49,240 --> 00:02:50,880 Speaker 6: Well, sure, here's the overview. 57 00:02:51,760 --> 00:02:54,320 Speaker 4: I'm throwing it out and starting again with something that 58 00:02:54,440 --> 00:02:55,960 Speaker 4: actually has a shot at working. 59 00:02:56,040 --> 00:02:57,280 Speaker 5: Well, look at you. 60 00:02:57,280 --> 00:02:59,480 Speaker 7: You're voting to strike down the Texas law. 61 00:03:00,000 --> 00:03:01,400 Speaker 6: Do you need to get on board, Wizard? 62 00:03:01,680 --> 00:03:04,880 Speaker 4: Yeah, how about a lobotomy if that's where we're starting. 63 00:03:05,040 --> 00:03:08,480 Speaker 7: Look, it's not up to us, Harry, the least democratic 64 00:03:08,520 --> 00:03:10,560 Speaker 7: branch of the government shouldn't be settling this. 65 00:03:10,720 --> 00:03:12,480 Speaker 6: Leave it for Congress or the States. 66 00:03:12,560 --> 00:03:15,760 Speaker 4: You wouldn't say that about civil rights. We wouldn't have 67 00:03:15,919 --> 00:03:19,079 Speaker 4: Brown v Board, Miranda, Gideon Erry. 68 00:03:19,320 --> 00:03:23,120 Speaker 7: If nine old men unilaterally make this decision, you'll radicalize 69 00:03:23,120 --> 00:03:23,800 Speaker 7: this country. 70 00:03:23,840 --> 00:03:24,960 Speaker 6: People will go crazy. 71 00:03:25,360 --> 00:03:28,600 Speaker 7: Let the politicians decide they were elected at least. 72 00:03:28,680 --> 00:03:32,200 Speaker 6: This is raw judicial power gone wrong. No, Wizard. 73 00:03:32,800 --> 00:03:35,520 Speaker 4: When my granddaughters are in college, they won't believe there 74 00:03:35,600 --> 00:03:37,560 Speaker 4: was a time women didn't have the right to control 75 00:03:37,640 --> 00:03:40,720 Speaker 4: their own bodies anymore than we can believe they once 76 00:03:40,760 --> 00:03:44,640 Speaker 4: didn't have the right to vote. Come on board, help 77 00:03:44,720 --> 00:03:45,960 Speaker 4: me shape this thing. 78 00:03:46,840 --> 00:03:47,400 Speaker 6: What do you say? 79 00:03:48,360 --> 00:03:51,160 Speaker 7: Sorry, Harry, Now, if you'll excuse me, I got a 80 00:03:51,200 --> 00:03:51,560 Speaker 7: game to. 81 00:03:51,600 --> 00:04:04,760 Speaker 8: Play, Lewis you got a second for you, Harry, take 82 00:04:04,800 --> 00:04:05,280 Speaker 8: a seat. 83 00:04:06,800 --> 00:04:08,400 Speaker 6: You probably know why I am here. 84 00:04:08,760 --> 00:04:11,640 Speaker 8: I want the husband to have us say take it 85 00:04:12,120 --> 00:04:12,760 Speaker 8: or leave it. 86 00:04:13,000 --> 00:04:16,480 Speaker 4: You want to require a husband's approval for his wife's abortion. 87 00:04:17,000 --> 00:04:19,160 Speaker 4: Brendan and Douglas will never go for it. 88 00:04:19,320 --> 00:04:23,880 Speaker 6: Persuade them, Harry, you're right and the decision. That's your job. 89 00:04:24,120 --> 00:04:26,920 Speaker 6: I can't risk alienating the votes we already have. 90 00:04:27,400 --> 00:04:29,919 Speaker 8: The father has just as many rights to the child 91 00:04:29,960 --> 00:04:33,760 Speaker 8: as the mother, Harry. This shouldn't be controversial. 92 00:04:33,839 --> 00:04:37,719 Speaker 4: Oh christ Powell, we can't even call it a child. 93 00:04:38,040 --> 00:04:40,400 Speaker 6: What planet are you want? Will lose? 94 00:04:40,480 --> 00:04:47,880 Speaker 4: Douglas and Marshall for sure, they're good. 95 00:04:48,680 --> 00:04:49,520 Speaker 6: You got a second. 96 00:04:49,760 --> 00:04:51,840 Speaker 5: Don't use privacy, Harry Good. 97 00:04:52,000 --> 00:04:56,039 Speaker 6: The court is established the right to privacy over and over. 98 00:04:56,120 --> 00:04:58,000 Speaker 6: It's a natural fit for this case. 99 00:04:58,279 --> 00:05:01,720 Speaker 9: Except for one thing. Show me where in the Constitution 100 00:05:02,040 --> 00:05:04,359 Speaker 9: it explicitly mentions the right to privacy? 101 00:05:04,680 --> 00:05:06,240 Speaker 6: What are you an originalist? 102 00:05:06,320 --> 00:05:06,480 Speaker 5: Now? 103 00:05:06,680 --> 00:05:09,800 Speaker 4: Who cares if it's not in the text. We've recognized 104 00:05:09,839 --> 00:05:11,520 Speaker 4: zones of privacy before. 105 00:05:11,320 --> 00:05:15,839 Speaker 9: This decision needs to be rock solid, Harry, rock solid. 106 00:05:16,279 --> 00:05:19,120 Speaker 9: Root it in a written provision, not something that nine 107 00:05:19,160 --> 00:05:21,600 Speaker 9: of us got together and made up like a zone 108 00:05:21,640 --> 00:05:27,880 Speaker 9: of privacy. 109 00:05:30,960 --> 00:05:33,000 Speaker 6: Well, Potter, what's it gonna take? 110 00:05:34,080 --> 00:05:34,320 Speaker 10: You know? 111 00:05:34,480 --> 00:05:36,440 Speaker 2: I'm leaning toward you, Harry, I. 112 00:05:36,480 --> 00:05:39,120 Speaker 6: Do what do you need to actually lay down with me? 113 00:05:39,520 --> 00:05:43,160 Speaker 2: I don't want it on the government's dime. What I 114 00:05:43,240 --> 00:05:45,760 Speaker 2: can get to a place where the due process clause 115 00:05:45,880 --> 00:05:49,320 Speaker 2: guarantees a woman's right to choose. But I can't get 116 00:05:49,320 --> 00:05:51,480 Speaker 2: on board with forcing the state or FED to pay 117 00:05:51,480 --> 00:05:52,760 Speaker 2: for the procedure. 118 00:05:52,440 --> 00:05:55,600 Speaker 4: And women who can't afford an abortion, Potter, what good 119 00:05:55,640 --> 00:05:58,599 Speaker 4: is giving them the right if they can't exercise. 120 00:05:58,080 --> 00:06:01,320 Speaker 2: It, they'll find a way. If they really want it done, 121 00:06:01,320 --> 00:06:02,240 Speaker 2: they'll figure it out. 122 00:06:04,760 --> 00:06:05,400 Speaker 6: Anything else. 123 00:06:05,720 --> 00:06:09,479 Speaker 2: Yeah, I want to protect all existing state statutes. 124 00:06:09,680 --> 00:06:23,240 Speaker 6: Oh holy well, well that was humiliating. 125 00:06:23,520 --> 00:06:26,040 Speaker 4: Thank you, Charlie. Now we know why I became a 126 00:06:26,120 --> 00:06:27,400 Speaker 4: judge and not a politician. 127 00:06:28,240 --> 00:06:29,320 Speaker 6: Where the hell are we. 128 00:06:29,360 --> 00:06:32,640 Speaker 5: To a unanimous decision? Not going to happen, your honor, 129 00:06:33,000 --> 00:06:34,760 Speaker 5: But we can still get this done. How do you 130 00:06:34,760 --> 00:06:36,480 Speaker 5: feel about Justice Powell's demands? 131 00:06:36,720 --> 00:06:39,599 Speaker 4: I feel sick about them. Thank you very much, as 132 00:06:39,640 --> 00:06:40,880 Speaker 4: do Douglas and Marshall. 133 00:06:40,920 --> 00:06:44,520 Speaker 5: Sir, but I think maybe maybe we could compromise enough 134 00:06:44,560 --> 00:06:47,400 Speaker 5: to get Powell on board without completely losing the Liberals. 135 00:06:48,240 --> 00:06:50,000 Speaker 5: As for Justice, Wife and. 136 00:06:50,040 --> 00:06:53,000 Speaker 4: Stewarts, Whizzer and Potter are lost causes if we don't 137 00:06:53,120 --> 00:06:55,200 Speaker 4: alienate their good Christ. 138 00:06:55,240 --> 00:06:56,279 Speaker 6: What are these names? 139 00:06:56,400 --> 00:06:59,160 Speaker 4: It sounds like the cast of a children's play. Anyway, 140 00:07:00,080 --> 00:07:03,920 Speaker 4: Wizards completely beyond redemption. I'm afraid I agree you Runner, 141 00:07:04,160 --> 00:07:08,880 Speaker 4: So that puts us at a very very shaky five 142 00:07:08,920 --> 00:07:09,320 Speaker 4: for sir. 143 00:07:09,600 --> 00:07:12,080 Speaker 6: Not good enough. It may have to be, sir, Nope, 144 00:07:12,600 --> 00:07:17,600 Speaker 6: let's keep working. Knock Warren, mister Chief Justice. Hello, don't 145 00:07:17,640 --> 00:07:19,600 Speaker 6: get up. What can I do for you? Warren? 146 00:07:19,800 --> 00:07:23,400 Speaker 11: Word around here, Harry, is that you've been doing some 147 00:07:23,440 --> 00:07:24,200 Speaker 11: horse trading. 148 00:07:24,600 --> 00:07:27,040 Speaker 6: I learned from the best. I don't get it. 149 00:07:27,640 --> 00:07:29,480 Speaker 11: Why are you trying so hard on this one? 150 00:07:30,200 --> 00:07:35,040 Speaker 6: Don't think you've escaped. I'm coming for you next. What 151 00:07:35,080 --> 00:07:38,560 Speaker 6: on earth has gotten into you? I need your vote, Warren, 152 00:07:39,720 --> 00:07:40,880 Speaker 6: and I intend to get it. 153 00:07:56,560 --> 00:07:58,440 Speaker 12: Oh Lord, I can see through the window. The rain 154 00:07:58,520 --> 00:07:59,720 Speaker 12: is coming. She's a talker. 155 00:08:00,320 --> 00:08:03,000 Speaker 6: I'll be on the sidewalk. Keep it brief, Sarah. Remember 156 00:08:03,040 --> 00:08:04,000 Speaker 6: it's a numbers game. 157 00:08:06,880 --> 00:08:10,200 Speaker 12: Hi, Lorraine, how you doing, Sarah Weddington? 158 00:08:10,360 --> 00:08:13,080 Speaker 13: What are you doing on my porch? Come in, come in. 159 00:08:13,440 --> 00:08:16,080 Speaker 14: I'd love to, but my campaign manager would have my head. 160 00:08:16,240 --> 00:08:17,960 Speaker 14: That's him on the sidewalk. 161 00:08:17,560 --> 00:08:21,800 Speaker 12: There, Payson campaign manager. That's right. I'm running for the 162 00:08:21,800 --> 00:08:23,880 Speaker 12: state House and i'd love your vote. Lorraine. 163 00:08:24,160 --> 00:08:27,440 Speaker 14: Here, take this literature. I'm dropping it off for everyone 164 00:08:27,440 --> 00:08:29,320 Speaker 14: in the district. How about you give it a read? 165 00:08:29,560 --> 00:08:30,680 Speaker 13: Of course, give it here. 166 00:08:31,520 --> 00:08:35,000 Speaker 12: Thanks Lorraine. I gotta go, but let's have dinner somenight. Okay. 167 00:08:35,240 --> 00:08:37,720 Speaker 13: Oh, i'd love that. We haven't seen Ron in ages? 168 00:08:38,360 --> 00:08:39,520 Speaker 12: Oh yet? 169 00:08:39,760 --> 00:08:42,480 Speaker 13: What ever happened with that big case you went to 170 00:08:42,600 --> 00:08:43,880 Speaker 13: Washington for, Sarah? 171 00:08:43,960 --> 00:08:46,599 Speaker 12: Good question. I guess they'll get around to making a 172 00:08:46,640 --> 00:08:47,720 Speaker 12: decision one of these days. 173 00:08:47,880 --> 00:08:48,080 Speaker 2: Ah. 174 00:08:48,280 --> 00:08:51,360 Speaker 13: Must be hard not knowing if you won or lost. 175 00:08:51,920 --> 00:08:53,360 Speaker 13: You probably put a lot of work into that. 176 00:08:53,480 --> 00:08:58,960 Speaker 14: Huh just a bit anyway, Thanks for your support. I 177 00:08:59,000 --> 00:08:59,800 Speaker 14: got about a million more. 178 00:08:59,800 --> 00:09:15,160 Speaker 13: Ho good luck, Honey, your honor. 179 00:09:15,200 --> 00:09:17,840 Speaker 6: Do you have a second, Charlie, sit down? Look this over? 180 00:09:18,120 --> 00:09:20,160 Speaker 6: Will you tell me if the language is clear? 181 00:09:20,400 --> 00:09:22,520 Speaker 5: Yes, sir, I actually have something that I think you 182 00:09:22,559 --> 00:09:25,040 Speaker 5: need to hear. Well, spit it out, you know how 183 00:09:25,320 --> 00:09:27,400 Speaker 5: We've been trying to sway Justice Stewart to our side 184 00:09:27,400 --> 00:09:27,880 Speaker 5: for weeks. 185 00:09:28,000 --> 00:09:31,839 Speaker 4: Yes, Charlie, I'm aware Potter Stewart won't even read the 186 00:09:31,960 --> 00:09:34,160 Speaker 4: damn thing. I've done everything short of show up at 187 00:09:34,160 --> 00:09:36,640 Speaker 4: his house and read it to him as a bedtime story. 188 00:09:36,880 --> 00:09:39,199 Speaker 5: I have reason to believe he may be swayable. 189 00:09:39,920 --> 00:09:44,120 Speaker 4: Stuart m doubtful appointed by a Republican when against all 190 00:09:44,160 --> 00:09:47,520 Speaker 4: the equal protection cases. But your honor even more relevant 191 00:09:47,520 --> 00:09:50,160 Speaker 4: for us, he dissented in Griswold in the ground said 192 00:09:50,200 --> 00:09:52,720 Speaker 4: he didn't believe the right to privacy exists in the 193 00:09:52,720 --> 00:09:53,720 Speaker 4: fourteenth Amendment. 194 00:09:53,840 --> 00:09:55,719 Speaker 5: I know all that, sir, but I've just found out 195 00:09:55,760 --> 00:09:59,440 Speaker 5: some interesting information, the kind that suggests the marble that 196 00:09:59,520 --> 00:10:01,400 Speaker 5: just a Stewart vote is etchedon. 197 00:10:01,080 --> 00:10:06,360 Speaker 4: Might have a few cracks, the marble that when you're 198 00:10:06,400 --> 00:10:09,400 Speaker 4: on the Supreme Court someday, Charlie, which you no doubt 199 00:10:09,440 --> 00:10:12,600 Speaker 4: will be, you can savor it when you have pertinent information, 200 00:10:12,760 --> 00:10:15,240 Speaker 4: but while you're still a clerk out with it. 201 00:10:15,360 --> 00:10:20,920 Speaker 5: Apologies, sir, my information isn't regarding Stewart exactly. It's his wife. 202 00:10:21,320 --> 00:10:25,400 Speaker 6: No, No, absolutely not. Whatever it is. I'm not interested. 203 00:10:25,880 --> 00:10:29,000 Speaker 4: Family crosses the line Charlie, I wouldn't want other justices 204 00:10:29,120 --> 00:10:30,160 Speaker 4: discussing Dottie. 205 00:10:30,240 --> 00:10:33,280 Speaker 5: Missus Blackman doesn't volunteer for Planned parenthood, Your honor. 206 00:10:33,679 --> 00:10:34,600 Speaker 6: What did you just say? 207 00:10:34,920 --> 00:10:37,679 Speaker 5: Justice Stewart's wife has been volunteering out of Virginia branch 208 00:10:37,679 --> 00:10:39,120 Speaker 5: of Planned Paranhaud for years. 209 00:10:39,600 --> 00:10:43,040 Speaker 6: Well, that's very interesting. 210 00:10:43,480 --> 00:10:45,680 Speaker 5: I gotta think Stuart's vote is up for grabs, Your honor. 211 00:10:45,720 --> 00:10:48,520 Speaker 5: Perhaps a deal can be made, and if it can, 212 00:10:48,640 --> 00:10:52,280 Speaker 5: then it would be six votes solid majority, sir, and 213 00:10:52,440 --> 00:10:55,320 Speaker 5: could maybe sway the chief too. We'd have to play 214 00:10:55,320 --> 00:10:57,320 Speaker 5: it just right, Yes, your Honor, I agree. 215 00:10:57,440 --> 00:10:59,760 Speaker 4: I can't go directly to Steward because it'll get right 216 00:10:59,800 --> 00:11:03,559 Speaker 4: back to Warren, and Warren will immediately bring Stuart into line. 217 00:11:03,640 --> 00:11:05,760 Speaker 5: I can backchannel with one of Stuart's clerks, Sir. 218 00:11:06,520 --> 00:11:09,600 Speaker 4: No, all four of his clerks are suck ups to Warren. 219 00:11:10,280 --> 00:11:12,640 Speaker 4: They'd love nothing more than to go running to him. 220 00:11:13,679 --> 00:11:14,840 Speaker 4: I may have another idea. 221 00:11:16,320 --> 00:11:34,240 Speaker 6: How's your backstroke, Charlie, Justice Stewart, Can I help you? 222 00:11:34,800 --> 00:11:37,040 Speaker 5: It's Charlie, Sir, Justice Blackman's clerk. 223 00:11:37,200 --> 00:11:38,240 Speaker 2: What are you doing here? 224 00:11:39,160 --> 00:11:40,520 Speaker 7: You work out of this gym? 225 00:11:40,800 --> 00:11:42,679 Speaker 5: I got a day pass, your Honor. I was hoping 226 00:11:42,720 --> 00:11:43,280 Speaker 5: we could speak. 227 00:11:47,400 --> 00:11:50,160 Speaker 2: What's this all about, Charlie. This is a little too 228 00:11:50,200 --> 00:11:51,800 Speaker 2: cloak and dagger for my liking. 229 00:11:52,000 --> 00:11:54,880 Speaker 5: I'm very sorry, your honor. As you know, Justice Blackman 230 00:11:55,080 --> 00:11:57,559 Speaker 5: is attempting to assemble a majority on Row. 231 00:11:58,040 --> 00:11:59,880 Speaker 2: What exactly do you have to say to me that 232 00:12:00,160 --> 00:12:02,680 Speaker 2: can't be said in my chambers in an hour, Sir. 233 00:12:02,960 --> 00:12:05,920 Speaker 5: Justice Blackman is willing to compromise if he comes to 234 00:12:05,960 --> 00:12:08,480 Speaker 5: your chambers. He knows that whatever he says will go 235 00:12:08,600 --> 00:12:10,960 Speaker 5: right back to the Chief. Your clerks are close with 236 00:12:11,080 --> 00:12:12,000 Speaker 5: Justice Berger, Sir. 237 00:12:12,360 --> 00:12:16,480 Speaker 2: I see what sort of compromise is your boss thinking. 238 00:12:16,559 --> 00:12:20,280 Speaker 5: Timing, Your honor, excuse me. We know your feelings on 239 00:12:20,360 --> 00:12:24,440 Speaker 5: the Fourteenth Amendments limitations, but we're hoping you feel some 240 00:12:25,280 --> 00:12:29,760 Speaker 5: flexibility on how far those limits extend. For instance, what 241 00:12:29,920 --> 00:12:32,800 Speaker 5: if abortion were legal in the first trimester of a 242 00:12:32,840 --> 00:12:34,200 Speaker 5: pregnancy across the nation? 243 00:12:34,559 --> 00:12:35,880 Speaker 2: What the hell is a trimester? 244 00:12:36,320 --> 00:12:39,200 Speaker 5: We know that it's never been used in this context before, sir, 245 00:12:39,640 --> 00:12:42,920 Speaker 5: but from Justice Blackman's research at Mayo, it seems to 246 00:12:43,000 --> 00:12:47,439 Speaker 5: him a fertile place for compromise. Doctors already break pregnancies 247 00:12:47,520 --> 00:12:50,760 Speaker 5: into three periods during the first trimester, when the procedure 248 00:12:50,800 --> 00:12:54,080 Speaker 5: is much safer than actually giving birth. We wouldn't allow 249 00:12:54,160 --> 00:12:58,240 Speaker 5: state governments to restrict abortions in the second trimester there 250 00:12:58,280 --> 00:13:01,760 Speaker 5: are slightly more risks. Will let states protect the other 251 00:13:01,800 --> 00:13:04,320 Speaker 5: by enacting regulations as long as they're reasonable. 252 00:13:04,720 --> 00:13:08,199 Speaker 2: And the third trimester? What does your boss say about that? 253 00:13:08,520 --> 00:13:11,160 Speaker 5: His research indicates that by the final third of the 254 00:13:11,200 --> 00:13:15,480 Speaker 5: pregnancy the fetus is viable. Therefore will allow the state 255 00:13:15,520 --> 00:13:19,320 Speaker 5: to protect the prenatal life if it wishes. Interesting justice, 256 00:13:19,320 --> 00:13:21,400 Speaker 5: Blackman thought that might be a compromise. You could get 257 00:13:21,400 --> 00:13:24,160 Speaker 5: on board with your honor? Was he right? 258 00:13:24,720 --> 00:13:27,560 Speaker 2: How soon can Harry turn around a new draft, one 259 00:13:27,600 --> 00:13:30,000 Speaker 2: that reflects this trimester idea? 260 00:13:30,160 --> 00:13:32,320 Speaker 5: Is that a yes, your honor, it's. 261 00:13:32,120 --> 00:13:35,360 Speaker 2: A maybe, son, But more than anything, this needs to 262 00:13:35,400 --> 00:13:38,560 Speaker 2: get done fast. You have no idea How much I 263 00:13:38,600 --> 00:13:39,960 Speaker 2: hear about this at home every night? 264 00:13:40,120 --> 00:13:43,480 Speaker 5: Yes, sir, but there's a bit of a hold up 265 00:13:43,480 --> 00:13:46,559 Speaker 5: with the revision, sir. What hold up the chief, sir? 266 00:13:47,160 --> 00:13:49,600 Speaker 5: He's still refusing to come down on either side. It 267 00:13:49,679 --> 00:13:51,120 Speaker 5: appears that he's stalling. 268 00:13:51,840 --> 00:13:59,720 Speaker 2: Why on earth would Warren be stalling? 269 00:14:06,120 --> 00:14:09,160 Speaker 4: We got steaks here, get your steaks medium, rare, nice 270 00:14:09,200 --> 00:14:09,800 Speaker 4: and hot. 271 00:14:09,880 --> 00:14:10,960 Speaker 6: We got burgers. 272 00:14:11,080 --> 00:14:12,400 Speaker 5: We got cheeseburgers. 273 00:14:12,480 --> 00:14:13,160 Speaker 6: Take your picks. 274 00:14:13,280 --> 00:14:15,240 Speaker 15: Someone's in a good mood, Dottie. 275 00:14:15,720 --> 00:14:17,640 Speaker 4: It turns out the way of the world was a 276 00:14:17,760 --> 00:14:21,040 Speaker 4: lot to carry around cheeseburger from my love. 277 00:14:21,200 --> 00:14:22,560 Speaker 15: Oh, I could get used to this. 278 00:14:22,840 --> 00:14:25,600 Speaker 6: The end is nigh, Dottie. I can almost taste it. 279 00:14:25,720 --> 00:14:28,200 Speaker 15: Oh, that's wonderful, sweetheart. And how did you do it? 280 00:14:28,240 --> 00:14:30,800 Speaker 15: How did you convince the others to come on board? 281 00:14:30,840 --> 00:14:35,040 Speaker 6: Compromise resolved? My natural charm? I got it all, baby, 282 00:14:35,520 --> 00:14:37,800 Speaker 6: We had the majority locked up. I just need a 283 00:14:37,840 --> 00:14:40,480 Speaker 6: straggler to come on board. Let me guess who you 284 00:14:40,560 --> 00:14:44,200 Speaker 6: know exactly who the question is? Why I haven't figured 285 00:14:44,240 --> 00:14:45,000 Speaker 6: that one out yet. 286 00:14:45,880 --> 00:14:48,320 Speaker 15: Oh, I'll get it. It's probably Ron and Belle. I'm 287 00:14:48,360 --> 00:14:57,520 Speaker 15: across the street, Harry. We've got visitors. 288 00:14:58,720 --> 00:15:00,640 Speaker 6: Justice Blackman, Hello, who are you? 289 00:15:00,960 --> 00:15:02,000 Speaker 5: Special Agent Ambler? 290 00:15:02,040 --> 00:15:02,360 Speaker 6: FBI? 291 00:15:02,480 --> 00:15:03,840 Speaker 5: This is special Agent Cutters. 292 00:15:04,520 --> 00:15:05,480 Speaker 15: Has something happened? 293 00:15:05,600 --> 00:15:06,160 Speaker 6: Not at all, Man. 294 00:15:06,200 --> 00:15:07,280 Speaker 5: We didn't mean to frighten you. 295 00:15:07,280 --> 00:15:11,000 Speaker 6: Believe me, she's not frightened. Why have you gentlemen come 296 00:15:11,040 --> 00:15:11,840 Speaker 6: to my home stake? 297 00:15:11,920 --> 00:15:14,480 Speaker 5: Smell delicious, Justice Blackman, you must speak quite a chef. 298 00:15:14,520 --> 00:15:17,160 Speaker 6: What exactly can't wait until I'm at the courthouse. 299 00:15:17,320 --> 00:15:19,000 Speaker 5: This is a courtesy call, your honor. Think of it 300 00:15:19,040 --> 00:15:19,960 Speaker 5: as a consultation. 301 00:15:20,200 --> 00:15:22,680 Speaker 15: Consultation about what justice Blackman. 302 00:15:22,720 --> 00:15:25,200 Speaker 5: It's no secret that you're drafting the opinion on Roe v. 303 00:15:25,320 --> 00:15:25,800 Speaker 10: Wade. 304 00:15:26,520 --> 00:15:28,680 Speaker 4: If you come down against the abortion laws, you and 305 00:15:28,720 --> 00:15:31,840 Speaker 4: your family can expect to receive scores of death threats. 306 00:15:31,960 --> 00:15:35,840 Speaker 4: Our daughters too, Yes, missus Blackman, Nancy, Sally and Susan. 307 00:15:35,480 --> 00:15:36,880 Speaker 6: Two now hold on a moment. 308 00:15:36,960 --> 00:15:39,800 Speaker 5: Like I said, this is merely a security consultation, your honor. 309 00:15:39,880 --> 00:15:42,960 Speaker 15: Harry, put down the spatulot, come inside. Let's all sit 310 00:15:43,000 --> 00:15:43,760 Speaker 15: down and discuss this. 311 00:15:43,920 --> 00:15:46,920 Speaker 6: Dottie. They're trying to frighten us, your honor, Please don't. 312 00:15:48,240 --> 00:15:51,080 Speaker 4: My wife and I are well aware of the controversy, 313 00:15:51,120 --> 00:15:51,960 Speaker 4: Agent Ambler. 314 00:15:52,000 --> 00:15:54,400 Speaker 6: We live in the real world. We read the news, 315 00:15:54,480 --> 00:15:57,960 Speaker 6: watch TV same as you. We know what's coming, Harry. 316 00:15:58,040 --> 00:15:59,120 Speaker 15: They're just trying to help. 317 00:15:59,200 --> 00:16:03,960 Speaker 4: No, Dottie, they're trying to scare us, Agent Ambler. Tell 318 00:16:04,000 --> 00:16:06,840 Speaker 4: mister Nixon and his Attorney General that we will not 319 00:16:06,920 --> 00:16:11,000 Speaker 4: be intimidated by foot soldiers of the Justice Department into 320 00:16:11,000 --> 00:16:13,920 Speaker 4: thinking twice about striking down the law they support. 321 00:16:14,440 --> 00:16:16,080 Speaker 5: I think you misunderstand our attention. 322 00:16:16,200 --> 00:16:16,640 Speaker 6: Your honor. 323 00:16:16,760 --> 00:16:21,240 Speaker 4: Yeah, maybe maybe not. My only question is how does 324 00:16:21,280 --> 00:16:24,200 Speaker 4: the president know where we stand? But I think I 325 00:16:24,240 --> 00:16:27,040 Speaker 4: can work that one out on my own. Dottie, please 326 00:16:27,520 --> 00:16:29,360 Speaker 4: show these agents to the door. 327 00:16:29,600 --> 00:16:32,240 Speaker 15: I think they can find it themselves. Goodbye, gentlemen. 328 00:16:41,840 --> 00:16:44,640 Speaker 10: Never going to happen, Sarah, I hear that a lot. Mike, 329 00:16:44,880 --> 00:16:47,880 Speaker 10: there's time. Take my word for it. You only just 330 00:16:47,960 --> 00:16:50,800 Speaker 10: won your election. You're a freshman legislator. You don't have 331 00:16:50,880 --> 00:16:51,800 Speaker 10: the juice to get this. 332 00:16:51,920 --> 00:16:56,120 Speaker 12: Through, but you do, Mike. That's why I came to you. 333 00:16:56,120 --> 00:16:58,280 Speaker 12: You've been in the state House. What two hundred three 334 00:16:58,360 --> 00:16:59,000 Speaker 12: hundred years? 335 00:16:59,280 --> 00:17:01,720 Speaker 10: You do really asking a favor of me? Right? 336 00:17:02,920 --> 00:17:06,160 Speaker 14: The public is in favor of this bill. Every poll 337 00:17:06,200 --> 00:17:08,440 Speaker 14: shows people want to legalize abortion. 338 00:17:09,000 --> 00:17:10,360 Speaker 12: We even compromised on we. 339 00:17:10,320 --> 00:17:13,879 Speaker 10: Cannot legalize abortion this way. Your opponents may be in 340 00:17:13,920 --> 00:17:17,640 Speaker 10: the minority, but they scare people. No representative here will 341 00:17:17,640 --> 00:17:20,680 Speaker 10: take this up, but especially not while the Supreme Court 342 00:17:20,720 --> 00:17:24,639 Speaker 10: is still deciding the issue. Hell, it's your case they're deciding, Sarah. 343 00:17:24,880 --> 00:17:27,320 Speaker 12: I'll go gray waiting for them to make up their minds. Mike, 344 00:17:27,680 --> 00:17:29,920 Speaker 12: Let's go around them. Let's push this bill through. 345 00:17:30,119 --> 00:17:33,280 Speaker 10: Never going to happen. I know you're frustrated, Sarah. But 346 00:17:33,320 --> 00:17:37,240 Speaker 10: the court will announce their decision soon. We'll know if 347 00:17:37,240 --> 00:17:39,639 Speaker 10: you want a lost and we can go from there. Okay, 348 00:17:40,520 --> 00:17:42,360 Speaker 10: just try to relax. 349 00:17:58,960 --> 00:17:59,760 Speaker 6: Thanks for meeting me. 350 00:18:00,560 --> 00:18:02,600 Speaker 11: How do you even know about this place, Harry? 351 00:18:02,800 --> 00:18:03,720 Speaker 6: The floors are. 352 00:18:03,760 --> 00:18:08,639 Speaker 4: Sticky, Susan recommended it. Things have been tense in the courthouse. 353 00:18:08,720 --> 00:18:11,680 Speaker 4: I thought this might be a place we could speak freely. 354 00:18:12,320 --> 00:18:15,080 Speaker 11: I see, so this conversation won't be tense. 355 00:18:15,119 --> 00:18:17,920 Speaker 6: Then that's up to you, Warren. You've had quite a 356 00:18:17,960 --> 00:18:19,840 Speaker 6: few weeks. What's the count now? 357 00:18:20,040 --> 00:18:22,720 Speaker 11: Six ' to two in your favor. If I didn't 358 00:18:22,760 --> 00:18:25,040 Speaker 11: know better, i'd say you were a natural politician. 359 00:18:25,080 --> 00:18:28,639 Speaker 6: Harry. Come on now, no insults. You know I don't 360 00:18:28,680 --> 00:18:31,399 Speaker 6: mean it as one. Fine. I hope you know that. 361 00:18:31,480 --> 00:18:33,760 Speaker 4: I don't think any less of you, Warren, simply because 362 00:18:33,800 --> 00:18:35,280 Speaker 4: you know how to get things done. 363 00:18:35,560 --> 00:18:37,200 Speaker 6: Sure you do. But that's all right. 364 00:18:37,560 --> 00:18:40,080 Speaker 11: You've always looked down on me, airy because I worked 365 00:18:40,080 --> 00:18:42,640 Speaker 11: as an insurance salesman while you were at Harvard. 366 00:18:42,720 --> 00:18:43,280 Speaker 5: It's okay. 367 00:18:43,880 --> 00:18:46,080 Speaker 11: I don't feel a bit ashamed. I ended up here 368 00:18:46,160 --> 00:18:49,760 Speaker 11: because I get things done. It's how you ended up 369 00:18:49,800 --> 00:18:51,639 Speaker 11: here too, If we're being honest. 370 00:18:51,400 --> 00:18:53,080 Speaker 6: You mean you got me my seat. 371 00:18:53,200 --> 00:18:55,080 Speaker 11: No, I mean I made you a damn judge in 372 00:18:55,119 --> 00:18:58,000 Speaker 11: the first place. Do you think you ever would have 373 00:18:58,080 --> 00:19:01,760 Speaker 11: considered the bench if I hadn't encouraged you. I shaped 374 00:19:01,800 --> 00:19:06,600 Speaker 11: every step of your career, Harry. I miss Minnesota more 375 00:19:06,600 --> 00:19:09,959 Speaker 11: and more. I used to live for our early morning hikes. 376 00:19:10,320 --> 00:19:13,080 Speaker 11: It was a reason to get out of bed. Remember 377 00:19:13,080 --> 00:19:15,000 Speaker 11: how much we used to worry about whether we'd ever 378 00:19:15,080 --> 00:19:18,240 Speaker 11: make our mark on the world. Harry. I believe our 379 00:19:18,320 --> 00:19:21,920 Speaker 11: fifteen year old selves would be awfully proud of our 380 00:19:21,960 --> 00:19:23,200 Speaker 11: sixty year old selves. 381 00:19:23,640 --> 00:19:28,040 Speaker 4: I don't deny you've shaped my career, Warren. You don't 382 00:19:28,080 --> 00:19:31,160 Speaker 4: see it, but you help shape this decision too. 383 00:19:31,480 --> 00:19:32,360 Speaker 6: What does that mean? 384 00:19:32,600 --> 00:19:35,760 Speaker 4: Your mother raised you all by herself. She practically raised 385 00:19:35,800 --> 00:19:39,560 Speaker 4: us together. It's from her that I learned the burdens 386 00:19:39,600 --> 00:19:40,800 Speaker 4: face by a single mother. 387 00:19:40,960 --> 00:19:44,320 Speaker 11: Wow, bringing my mother into it, that's pretty low. 388 00:19:44,520 --> 00:19:48,040 Speaker 6: It's time to come on board, Warren. I need your vote. 389 00:19:48,440 --> 00:19:51,639 Speaker 11: I read your latest draft, Harry. It's an improvement, but 390 00:19:51,680 --> 00:19:55,840 Speaker 11: it's still a mess. An implicit right to privacy. I 391 00:19:55,920 --> 00:19:58,199 Speaker 11: may not have gone to Harvard, but even I know 392 00:19:58,280 --> 00:19:59,199 Speaker 11: how weak that is. 393 00:19:59,359 --> 00:20:01,600 Speaker 4: I would have They're based it on the guarantee of 394 00:20:01,600 --> 00:20:05,360 Speaker 4: equal protection, but I would have lost two votes plus yours. 395 00:20:05,560 --> 00:20:09,040 Speaker 6: I haven't decided my vote yet. I'm aware of that, Warren. 396 00:20:09,240 --> 00:20:12,720 Speaker 4: Everyone is aware of that, and we're not getting off 397 00:20:12,760 --> 00:20:16,600 Speaker 4: these stools until you do tell me. 398 00:20:17,560 --> 00:20:19,439 Speaker 11: Is it just to distinguish yourself from me? 399 00:20:19,800 --> 00:20:20,720 Speaker 6: What are you talking about? 400 00:20:20,800 --> 00:20:24,919 Speaker 11: Pretty extreme, Harry, becoming the architect of the pro abortion movement, 401 00:20:25,240 --> 00:20:28,399 Speaker 11: just so people don't think you're in my pocket and 402 00:20:28,480 --> 00:20:29,440 Speaker 11: to make me look like. 403 00:20:29,400 --> 00:20:36,560 Speaker 4: A fool, That's not the reason, Warrant. I'm sorry he 404 00:20:36,600 --> 00:20:38,480 Speaker 4: didn't end up choosing you for the vice. 405 00:20:38,280 --> 00:20:41,720 Speaker 6: Presidency, Sure you were, Ry. Nixon is the reason you 406 00:20:41,760 --> 00:20:43,400 Speaker 6: haven't taken a position. 407 00:20:43,000 --> 00:20:47,520 Speaker 4: Yet, isn't me. You're terrified of embarrassing the president. If 408 00:20:47,560 --> 00:20:50,600 Speaker 4: a court on which Nixon appointed half the members, including 409 00:20:50,640 --> 00:20:53,840 Speaker 4: the chief, comes down on the pro choice side, he'll 410 00:20:53,880 --> 00:20:57,040 Speaker 4: be humiliated. And you're about to swear him in for 411 00:20:57,119 --> 00:20:59,720 Speaker 4: his second term. You have to look Nixon in the 412 00:20:59,760 --> 00:21:02,080 Speaker 4: eye and account for what your court did. 413 00:21:02,160 --> 00:21:05,680 Speaker 11: You're out of bounds, Harry. If any other justice spoke 414 00:21:05,760 --> 00:21:06,360 Speaker 11: to me like that. 415 00:21:06,440 --> 00:21:09,719 Speaker 4: But I'm not any other justice, Warren, and you wouldn't 416 00:21:09,720 --> 00:21:12,160 Speaker 4: try to manipulate any other justice the way You've tried 417 00:21:12,160 --> 00:21:13,399 Speaker 4: to manipulate. 418 00:21:12,920 --> 00:21:14,840 Speaker 6: Me, And what does that mean? 419 00:21:15,160 --> 00:21:17,920 Speaker 4: You assign this decision to me when it wasn't even 420 00:21:17,960 --> 00:21:21,400 Speaker 4: yours to assign. If Douglas had written it as he 421 00:21:21,480 --> 00:21:24,760 Speaker 4: rightfully should have, it would have been handed down months ago. 422 00:21:25,520 --> 00:21:29,000 Speaker 4: You wanted it delayed, and you wanted to control it 423 00:21:29,040 --> 00:21:31,919 Speaker 4: so you could maintain power but not have the burden 424 00:21:31,960 --> 00:21:35,280 Speaker 4: of your name on the decision that tears this country apart. 425 00:21:35,880 --> 00:21:37,560 Speaker 4: I'm sorry it hasn't worked out that way. 426 00:21:37,920 --> 00:21:40,399 Speaker 6: You don't know what you're talking about, Harry. Everything you 427 00:21:40,440 --> 00:21:41,480 Speaker 6: said is right, Warren. 428 00:21:42,119 --> 00:21:44,600 Speaker 4: I did become a judge because I saw my lifelong 429 00:21:44,720 --> 00:21:47,359 Speaker 4: best friend do it. I did get my seat on 430 00:21:47,440 --> 00:21:50,120 Speaker 4: this court because you whispered my name in the right ear. 431 00:21:50,720 --> 00:21:52,400 Speaker 4: And if you think that puts me in your debt, 432 00:21:52,440 --> 00:21:56,400 Speaker 4: you're probably right about that also. But none of that 433 00:21:56,440 --> 00:22:00,240 Speaker 4: matters right now. I have a six vote coalition. It's 434 00:22:00,280 --> 00:22:02,639 Speaker 4: currently being held together by a rubber band and some 435 00:22:02,800 --> 00:22:04,040 Speaker 4: masking tape. 436 00:22:04,280 --> 00:22:05,600 Speaker 6: You're the Chief Justice. 437 00:22:06,320 --> 00:22:09,399 Speaker 4: You need to make a decision, and you need to 438 00:22:09,440 --> 00:22:11,479 Speaker 4: do it in the next twenty four hours. 439 00:22:11,520 --> 00:22:14,920 Speaker 6: You'll get it when I'm ready. No, now, I'll get 440 00:22:14,960 --> 00:22:15,840 Speaker 6: it tomorrow. Warren. 441 00:22:16,760 --> 00:22:20,399 Speaker 4: Make a choice or so help me, I will deliver 442 00:22:20,480 --> 00:22:23,840 Speaker 4: an eight man decision and the Chief Justice's name will 443 00:22:23,880 --> 00:22:27,000 Speaker 4: be left off. The most important Supreme Court decision of 444 00:22:27,040 --> 00:22:31,399 Speaker 4: the century. After that, you'll really wish you got the 445 00:22:31,440 --> 00:22:34,840 Speaker 4: nod for the vice presidency because your political weight will 446 00:22:34,920 --> 00:22:37,280 Speaker 4: rank somewhere between Bob Hope and the lady who does 447 00:22:37,280 --> 00:22:44,760 Speaker 4: a bounty paper towel commercials. Tomorrow, Warren, the decision isn't perfect, 448 00:22:46,000 --> 00:22:46,560 Speaker 4: and guess what. 449 00:22:48,160 --> 00:22:48,760 Speaker 6: Neither are we. 450 00:23:02,359 --> 00:23:05,680 Speaker 16: Protesters and supporters alike are lined up outside the United 451 00:23:05,720 --> 00:23:08,800 Speaker 16: States Supreme Court this afternoon as a decision in the 452 00:23:08,800 --> 00:23:12,200 Speaker 16: most hotly debated case in years is set to be delivered. 453 00:23:12,720 --> 00:23:16,320 Speaker 16: In an unusual move, Justice Harry Blackman, who wrote the 454 00:23:16,359 --> 00:23:20,040 Speaker 16: majority opinion, will read the decision from the bench alone. 455 00:23:20,560 --> 00:23:24,240 Speaker 16: The overflowing courtroom is filled with reporters ready to take 456 00:23:24,320 --> 00:23:28,200 Speaker 16: down his every word. Letters have been pouring into the courthouse, 457 00:23:28,280 --> 00:23:31,239 Speaker 16: mostly addressed to Justice black Men, at the rate of 458 00:23:31,359 --> 00:23:34,840 Speaker 16: three thousand a day. Court insiders say the tone of 459 00:23:34,880 --> 00:23:39,560 Speaker 16: the letters is extremely vitriolic. One such letter urged Justice 460 00:23:39,560 --> 00:23:43,480 Speaker 16: Blackman's immediate resignation from the court if he strikes down 461 00:23:43,520 --> 00:23:46,560 Speaker 16: the abortion laws. Justice Blackman is said to have sent 462 00:23:46,600 --> 00:23:52,600 Speaker 16: a reply to the letter. Dear sir, no, sincerely, Harry 463 00:23:52,640 --> 00:23:53,320 Speaker 16: a black man. 464 00:24:09,680 --> 00:24:11,879 Speaker 15: Harry, sweetheart, you ready for this? 465 00:24:13,119 --> 00:24:14,520 Speaker 6: Absolutely not. 466 00:24:15,760 --> 00:24:16,960 Speaker 15: Do you want to hear some good news? 467 00:24:17,600 --> 00:24:20,920 Speaker 6: Lyndon Johnson just died, Dottie. I disagreed with the man, 468 00:24:20,920 --> 00:24:22,119 Speaker 6: but I hardly wish to know. 469 00:24:22,440 --> 00:24:24,560 Speaker 15: What I mean is maybe no one will even notice. 470 00:24:24,640 --> 00:24:29,359 Speaker 15: Rowade LBJ will take up all the ink tomorrow. You 471 00:24:29,720 --> 00:24:31,119 Speaker 15: don't look comforted, Harry. 472 00:24:31,880 --> 00:24:34,879 Speaker 4: Tell me I'm making the right decision, Dottie. 473 00:24:35,119 --> 00:24:37,280 Speaker 15: I can't do that, sweetheart, No one can. 474 00:24:37,920 --> 00:24:41,120 Speaker 4: We're a Republican appointed court that's about to strike down 475 00:24:41,160 --> 00:24:45,160 Speaker 4: the abortion laws. That has to be a good thing, right. 476 00:24:45,520 --> 00:24:48,440 Speaker 4: It shows we're independent. We're not beholden to the political 477 00:24:48,480 --> 00:24:52,000 Speaker 4: party that appointed us. Because the moment that changes, it's over. 478 00:24:52,480 --> 00:24:54,920 Speaker 4: That'll be the end of the people's belief and our 479 00:24:55,040 --> 00:24:59,000 Speaker 4: ability to decide what's just based on the merits will 480 00:24:59,040 --> 00:25:01,920 Speaker 4: become just as politic is the other two branches of government. 481 00:25:02,240 --> 00:25:07,399 Speaker 15: That's a worry for another day. Harry, Now go do this. 482 00:25:25,320 --> 00:25:29,000 Speaker 4: Welcome, Let's get down to it, shall we, black men, 483 00:25:29,240 --> 00:25:34,639 Speaker 4: h delivering the opinion of the court, we forthwith acknowledge 484 00:25:34,680 --> 00:25:37,800 Speaker 4: our awareness of the sensitive and emotional nature of the 485 00:25:37,840 --> 00:25:43,560 Speaker 4: abortion controversy, and of the vigorous opposing views, and of 486 00:25:43,600 --> 00:25:47,000 Speaker 4: the deep and seemingly absolute convictions that the. 487 00:25:46,920 --> 00:25:51,440 Speaker 3: Subject inspires the Texas statutes under attack here? 488 00:25:51,520 --> 00:25:55,960 Speaker 14: All right, everyone, everybody approximately, Hey, yes. 489 00:25:57,160 --> 00:25:58,280 Speaker 15: He's reading the decision. 490 00:25:59,160 --> 00:25:59,400 Speaker 7: Sarah. 491 00:25:59,440 --> 00:26:04,879 Speaker 14: You will write overtones and to complicate and not to 492 00:26:04,920 --> 00:26:06,600 Speaker 14: simplify the problem. 493 00:26:06,840 --> 00:26:11,800 Speaker 3: One's philosophy, one's exposure to the raw edges of human experience, 494 00:26:12,880 --> 00:26:18,119 Speaker 3: one's religious training, one's attitudes towards life and family, and 495 00:26:18,160 --> 00:26:22,760 Speaker 3: the moral standards one establishes and seeks to observe are 496 00:26:22,840 --> 00:26:28,560 Speaker 3: all likely to influence one's thinking about abortion. Today, we 497 00:26:28,640 --> 00:26:32,119 Speaker 3: assert that the right of privacy is broad enough to 498 00:26:32,280 --> 00:26:38,440 Speaker 3: encompass a woman's decision whether or not to terminate her pregnancy. Fantastical? 499 00:26:41,640 --> 00:26:44,440 Speaker 12: What do you just think? Did I hear that rush? 500 00:26:49,240 --> 00:26:52,800 Speaker 9: It's more than we hoped for, Sarah. 501 00:26:54,760 --> 00:26:58,160 Speaker 13: This we want, my God, we want. 502 00:26:58,840 --> 00:27:02,280 Speaker 3: I choose to read opinion from the bench to provide 503 00:27:02,440 --> 00:27:07,159 Speaker 3: immediate information to those state legislators still in session who 504 00:27:07,280 --> 00:27:10,479 Speaker 3: might want to begin revising or appealing their laws. 505 00:27:11,600 --> 00:27:12,639 Speaker 6: It is so ordered. 506 00:27:17,640 --> 00:27:21,479 Speaker 16: It's an unmitigated victory for the freedom of choice and 507 00:27:21,560 --> 00:27:27,920 Speaker 16: the triumph of principle over partisan politics, Justices Marshall, Stuart Brennan, 508 00:27:28,000 --> 00:27:32,040 Speaker 16: Douglas Powell, and Chief Justice Warren Berger all joining with 509 00:27:32,280 --> 00:27:36,040 Speaker 16: Justice Harry Blackman in the majority. It appears that the 510 00:27:36,119 --> 00:27:39,760 Speaker 16: lead attorney, Sarah Weddington, who was already the youngest woman 511 00:27:39,840 --> 00:27:43,520 Speaker 16: ever to argue before the Supreme Court, has just become 512 00:27:43,560 --> 00:27:47,520 Speaker 16: the youngest person ever to win year. Given that it 513 00:27:47,560 --> 00:27:50,760 Speaker 16: was her very first case and she had apparently never 514 00:27:50,800 --> 00:27:54,800 Speaker 16: even been inside a courtroom before, It's an astonishing feat 515 00:27:55,200 --> 00:27:59,320 Speaker 16: and a record likely to stand for some time. With 516 00:27:59,480 --> 00:28:04,560 Speaker 16: partisan politics encroaching more and more into the nation's hallooed institutions, 517 00:28:04,960 --> 00:28:09,840 Speaker 16: perhaps Ms Weddington's record will persist even longer than today's 518 00:28:09,880 --> 00:28:12,520 Speaker 16: decision will stand. 519 00:28:23,800 --> 00:28:29,280 Speaker 1: Supreme. The Battle Farrow from iHeart Podcasts, created and written 520 00:28:29,280 --> 00:28:33,560 Speaker 1: by Aaron Tracy, directed by Rachel Winter, starring Maya Hawk, 521 00:28:33,920 --> 00:28:38,760 Speaker 1: William h. Macy, and Abigail Breslin, also featuring Laura Bonanti 522 00:28:38,920 --> 00:28:43,120 Speaker 1: as b Andrea Savage as deb William Fickner as Warren 523 00:28:43,360 --> 00:28:47,960 Speaker 1: Felicity Huffman as Dottie, Garrett Hedlund as Ron, Sophia Macy 524 00:28:48,000 --> 00:28:52,880 Speaker 1: as Sally, Veronica Slowakowska as Susie Charlie B. Foster as Charlie, 525 00:28:53,320 --> 00:28:57,600 Speaker 1: Peter Oldring as j Floyd, Luke Kirby as Roy Lacrisia 526 00:28:57,640 --> 00:29:01,840 Speaker 1: Brown as Grace Kim Yancy Moore as Wanda, Megan Grant 527 00:29:01,840 --> 00:29:06,600 Speaker 1: as Polly Jin Colella as Annette Tearsa Mans as Doctor Kaplan, 528 00:29:06,960 --> 00:29:10,760 Speaker 1: Ashley as Q as Katie, Aaron Cavitt as Mikey, Joe 529 00:29:10,840 --> 00:29:15,360 Speaker 1: Costa as Justice Thurgood Marshall, Ryan Beale as Sam Josh 530 00:29:15,440 --> 00:29:20,200 Speaker 1: Hamilton as Reverend Wriggle, Aaron Tracy as Justice Brennan, Sam 531 00:29:20,240 --> 00:29:25,480 Speaker 1: Stump as Justice Powell, Richard Newman as Justice Stewart, Bill 532 00:29:25,600 --> 00:29:30,640 Speaker 1: Moundy as Justice White, Jacob Vonichael as George, James Naughton 533 00:29:30,800 --> 00:29:35,880 Speaker 1: as Representative Simmons, Chris Redman as FBI Agent Ambler, and 534 00:29:36,040 --> 00:29:41,400 Speaker 1: Katie Couric as the Reporter. Additional performances by Dante Bonner, 535 00:29:42,120 --> 00:29:47,680 Speaker 1: Mark Chavez, Andrew Barber, Samuel Farnsworth, s a Ottowell, Amy 536 00:29:47,720 --> 00:29:54,080 Speaker 1: Good Murphy, Kira Naughton, Paul Teduskiny, Karen Foreman, Sarah Ericksson, 537 00:29:54,400 --> 00:30:00,520 Speaker 1: Barbara Pollard, Mattie Kelly, Melanie Harrison, Suzanne pot Rock, David 538 00:30:00,600 --> 00:30:08,560 Speaker 1: carl Christine Borderlin, Angela Gallanapolis, Sabrina Brathwaite, Katie Jensen, Katie Lore, 539 00:30:08,880 --> 00:30:14,120 Speaker 1: Pat Kelly and Max Collins. Executive produced by Eva Longoria, 540 00:30:14,520 --> 00:30:18,280 Speaker 1: Ben Spector, Rachel Winter and Aaron Tracy, as well as 541 00:30:18,360 --> 00:30:22,920 Speaker 1: Katrina Norvell and Emma Stump from iHeart produced by Kelly 542 00:30:22,920 --> 00:30:26,640 Speaker 1: and Kelly. Executive producers for Kelly and Kelly are Chris Kelly, 543 00:30:27,080 --> 00:30:31,640 Speaker 1: Lauren Berkovich and Pat Kelly. Produced by Tamara Black for 544 00:30:31,760 --> 00:30:36,720 Speaker 1: Kelly and Kelly. Director of Audio Chris Kelly. Original score 545 00:30:36,760 --> 00:30:41,440 Speaker 1: by Hamilton Leitthhauser and Anna Stump. Sound designed by Paul 546 00:30:41,520 --> 00:30:47,800 Speaker 1: TEDUSKINI edited by Max Collins. Narration by Lucritia Brown. For 547 00:30:47,880 --> 00:30:50,080 Speaker 1: a full list of credits, please see show notes. 548 00:30:53,920 --> 00:31:00,800 Speaker 8: This is a production of Unbelievable Entertainment in partnership with iHeartRadio.