WEBVTT - Ep 09: The Most Controversial Man in America 0:00:07.840 --> 0:00:13.440 From iHeart Podcasts. This is Supreme The Battle. 0:00:13.119 --> 0:00:18.000 For Rows eighteen Roll Against. 0:00:18.480 --> 0:00:22.280 Wade, starring Maya Hawk and William H. Macon. 0:00:24.239 --> 0:00:24.840 Whenever you are. 0:00:24.760 --> 0:00:27.960 Ready, mister Chief Justice, and may have placed the Court. 0:00:29.200 --> 0:00:40.000 Episode nine, The most controversial man in America. 0:00:37.080 --> 0:00:41.840 Closed the door. I made a decision. We're starting over. 0:00:42.040 --> 0:00:43.760 We're striking down the Texas law. 0:00:44.040 --> 0:00:46.120 Really yes, really? 0:00:46.400 --> 0:00:48.520 Yes? Why is that so hard to believe? 0:00:48.960 --> 0:00:52.159 It's just you're sure this time because you have had 0:00:52.159 --> 0:00:53.080 a few false starts. 0:00:53.360 --> 0:00:55.400 I am. Now, how do we get this done? 0:00:55.640 --> 0:00:56.080 Your honor? 0:00:56.280 --> 0:00:59.160 This will be my first major decision, I write, Charlie, 0:00:59.560 --> 0:01:00.640 we need a home run. 0:01:00.840 --> 0:01:02.680 Okay, I say we go for it, sir. The more 0:01:02.760 --> 0:01:05.080 lenient we are with restrictions, the more likely we are 0:01:05.120 --> 0:01:07.000 to ensure Marshall and Brennan's sign on. 0:01:07.200 --> 0:01:10.319 No no, Marshall, Brennan and Douglas are in the bag. 0:01:10.440 --> 0:01:13.759 We can't go too far and risk alienating Powell, Stewart 0:01:13.800 --> 0:01:14.319 and Warren. 0:01:14.520 --> 0:01:17.480 I disagree, sir. We shouldn't take the liberal justices for granted. 0:01:17.520 --> 0:01:21.800 But aren't we missing the bigger picture? We only need 0:01:21.800 --> 0:01:23.520 one more vote for a five four majority. 0:01:23.640 --> 0:01:28.600 Absolutely not, sir, If we're evenly split one more vote 0:01:28.640 --> 0:01:29.480 gets us over the top. 0:01:29.600 --> 0:01:32.399 Yes, Charlie, I'm aware how math works. Thank you. 0:01:32.480 --> 0:01:36.120 But open a newspaper, turn on the TV. Abortion clinics 0:01:36.120 --> 0:01:39.679 are getting bombed, women and doctors are being harassed and dying. 0:01:39.959 --> 0:01:42.840 This can't be a five to four decision. We can't 0:01:42.840 --> 0:01:47.039 squeak by. I want a real majority, not a coin toss. Yes, sir, 0:01:47.360 --> 0:01:50.040 Now let's go get the damn votes. You say I 0:01:50.040 --> 0:01:53.120 have to play politics. That's what I'll do. I'll play 0:01:53.160 --> 0:01:55.520 majong if you tell me that's the only way. Now, 0:01:55.520 --> 0:01:56.280 where do we begin? 0:01:57.120 --> 0:01:58.160 How about Justice Powell? 0:01:58.200 --> 0:02:02.040 Ser Oh christ Hal wrote the blueprint for the rise 0:02:02.080 --> 0:02:05.600 of the American Conservative movement. For the Lewis Powell, this 0:02:05.680 --> 0:02:09.000 country would go back to before it even heard of FDR. Okay, 0:02:09.040 --> 0:02:11.760 how about the Chief then, No, we need to work 0:02:11.800 --> 0:02:12.880 our way toward Warren. 0:02:13.639 --> 0:02:15.600 How about Wizard Justice White. 0:02:16.160 --> 0:02:17.840 I'll due respect your honor. You're dreaming. 0:02:18.160 --> 0:02:20.520 Wizard was appointed by JFK. Charlie. 0:02:20.639 --> 0:02:23.280 There's a shot, and think how much it'll help dissuay 0:02:23.320 --> 0:02:23.800 the others. 0:02:28.960 --> 0:02:31.400 Whizz there, nice moves out there. 0:02:31.639 --> 0:02:34.440 I led the NFL in rushing my rookie season, Harry, 0:02:35.200 --> 0:02:36.560 I don't need the condescension. 0:02:36.800 --> 0:02:39.640 I didn't mean anything by it, Whizzer. It's about a 0:02:39.639 --> 0:02:42.480 million times better than I could do. You have a 0:02:42.520 --> 0:02:43.760 second to talk, Oh. 0:02:43.680 --> 0:02:46.520 Christ No, I haven't read your latest five hundred page 0:02:46.520 --> 0:02:49.160 opis Harry, how about you give me the cliffs notes. 0:02:49.240 --> 0:02:50.880 Well, sure, here's the overview. 0:02:51.760 --> 0:02:54.320 I'm throwing it out and starting again with something that 0:02:54.440 --> 0:02:55.960 actually has a shot at working. 0:02:56.040 --> 0:02:57.280 Well, look at you. 0:02:57.280 --> 0:02:59.480 You're voting to strike down the Texas law. 0:03:00.000 --> 0:03:01.400 Do you need to get on board, Wizard? 0:03:01.680 --> 0:03:04.880 Yeah, how about a lobotomy if that's where we're starting. 0:03:05.040 --> 0:03:08.480 Look, it's not up to us, Harry, the least democratic 0:03:08.520 --> 0:03:10.560 branch of the government shouldn't be settling this. 0:03:10.720 --> 0:03:12.480 Leave it for Congress or the States. 0:03:12.560 --> 0:03:15.760 You wouldn't say that about civil rights. We wouldn't have 0:03:15.919 --> 0:03:19.079 Brown v Board, Miranda, Gideon Erry. 0:03:19.320 --> 0:03:23.120 If nine old men unilaterally make this decision, you'll radicalize 0:03:23.120 --> 0:03:23.800 this country. 0:03:23.840 --> 0:03:24.960 People will go crazy. 0:03:25.360 --> 0:03:28.600 Let the politicians decide they were elected at least. 0:03:28.680 --> 0:03:32.200 This is raw judicial power gone wrong. No, Wizard. 0:03:32.800 --> 0:03:35.520 When my granddaughters are in college, they won't believe there 0:03:35.600 --> 0:03:37.560 was a time women didn't have the right to control 0:03:37.640 --> 0:03:40.720 their own bodies anymore than we can believe they once 0:03:40.760 --> 0:03:44.640 didn't have the right to vote. Come on board, help 0:03:44.720 --> 0:03:45.960 me shape this thing. 0:03:46.840 --> 0:03:47.400 What do you say? 0:03:48.360 --> 0:03:51.160 Sorry, Harry, Now, if you'll excuse me, I got a 0:03:51.200 --> 0:03:51.560 game to. 0:03:51.600 --> 0:04:04.760 Play, Lewis you got a second for you, Harry, take 0:04:04.800 --> 0:04:05.280 a seat. 0:04:06.800 --> 0:04:08.400 You probably know why I am here. 0:04:08.760 --> 0:04:11.640 I want the husband to have us say take it 0:04:12.120 --> 0:04:12.760 or leave it. 0:04:13.000 --> 0:04:16.480 You want to require a husband's approval for his wife's abortion. 0:04:17.000 --> 0:04:19.160 Brendan and Douglas will never go for it. 0:04:19.320 --> 0:04:23.880 Persuade them, Harry, you're right and the decision. That's your job. 0:04:24.120 --> 0:04:26.920 I can't risk alienating the votes we already have. 0:04:27.400 --> 0:04:29.919 The father has just as many rights to the child 0:04:29.960 --> 0:04:33.760 as the mother, Harry. This shouldn't be controversial. 0:04:33.839 --> 0:04:37.719 Oh christ Powell, we can't even call it a child. 0:04:38.040 --> 0:04:40.400 What planet are you want? Will lose? 0:04:40.480 --> 0:04:47.880 Douglas and Marshall for sure, they're good. 0:04:48.680 --> 0:04:49.520 You got a second. 0:04:49.760 --> 0:04:51.840 Don't use privacy, Harry Good. 0:04:52.000 --> 0:04:56.039 The court is established the right to privacy over and over. 0:04:56.120 --> 0:04:58.000 It's a natural fit for this case. 0:04:58.279 --> 0:05:01.720 Except for one thing. Show me where in the Constitution 0:05:02.040 --> 0:05:04.359 it explicitly mentions the right to privacy? 0:05:04.680 --> 0:05:06.240 What are you an originalist? 0:05:06.320 --> 0:05:06.480 Now? 0:05:06.680 --> 0:05:09.800 Who cares if it's not in the text. We've recognized 0:05:09.839 --> 0:05:11.520 zones of privacy before. 0:05:11.320 --> 0:05:15.839 This decision needs to be rock solid, Harry, rock solid. 0:05:16.279 --> 0:05:19.120 Root it in a written provision, not something that nine 0:05:19.160 --> 0:05:21.600 of us got together and made up like a zone 0:05:21.640 --> 0:05:27.880 of privacy. 0:05:30.960 --> 0:05:33.000 Well, Potter, what's it gonna take? 0:05:34.080 --> 0:05:34.320 You know? 0:05:34.480 --> 0:05:36.440 I'm leaning toward you, Harry, I. 0:05:36.480 --> 0:05:39.120 Do what do you need to actually lay down with me? 0:05:39.520 --> 0:05:43.160 I don't want it on the government's dime. What I 0:05:43.240 --> 0:05:45.760 can get to a place where the due process clause 0:05:45.880 --> 0:05:49.320 guarantees a woman's right to choose. But I can't get 0:05:49.320 --> 0:05:51.480 on board with forcing the state or FED to pay 0:05:51.480 --> 0:05:52.760 for the procedure. 0:05:52.440 --> 0:05:55.600 And women who can't afford an abortion, Potter, what good 0:05:55.640 --> 0:05:58.599 is giving them the right if they can't exercise. 0:05:58.080 --> 0:06:01.320 It, they'll find a way. If they really want it done, 0:06:01.320 --> 0:06:02.240 they'll figure it out. 0:06:04.760 --> 0:06:05.400 Anything else. 0:06:05.720 --> 0:06:09.479 Yeah, I want to protect all existing state statutes. 0:06:09.680 --> 0:06:23.240 Oh holy well, well that was humiliating. 0:06:23.520 --> 0:06:26.040 Thank you, Charlie. Now we know why I became a 0:06:26.120 --> 0:06:27.400 judge and not a politician. 0:06:28.240 --> 0:06:29.320 Where the hell are we. 0:06:29.360 --> 0:06:32.640 To a unanimous decision? Not going to happen, your honor, 0:06:33.000 --> 0:06:34.760 But we can still get this done. How do you 0:06:34.760 --> 0:06:36.480 feel about Justice Powell's demands? 0:06:36.720 --> 0:06:39.599 I feel sick about them. Thank you very much, as 0:06:39.640 --> 0:06:40.880 do Douglas and Marshall. 0:06:40.920 --> 0:06:44.520 Sir, but I think maybe maybe we could compromise enough 0:06:44.560 --> 0:06:47.400 to get Powell on board without completely losing the Liberals. 0:06:48.240 --> 0:06:50.000 As for Justice, Wife and. 0:06:50.040 --> 0:06:53.000 Stewarts, Whizzer and Potter are lost causes if we don't 0:06:53.120 --> 0:06:55.200 alienate their good Christ. 0:06:55.240 --> 0:06:56.279 What are these names? 0:06:56.400 --> 0:06:59.160 It sounds like the cast of a children's play. Anyway, 0:07:00.080 --> 0:07:03.920 Wizards completely beyond redemption. I'm afraid I agree you Runner, 0:07:04.160 --> 0:07:08.880 So that puts us at a very very shaky five 0:07:08.920 --> 0:07:09.320 for sir. 0:07:09.600 --> 0:07:12.080 Not good enough. It may have to be, sir, Nope, 0:07:12.600 --> 0:07:17.600 let's keep working. Knock Warren, mister Chief Justice. Hello, don't 0:07:17.640 --> 0:07:19.600 get up. What can I do for you? Warren? 0:07:19.800 --> 0:07:23.400 Word around here, Harry, is that you've been doing some 0:07:23.440 --> 0:07:24.200 horse trading. 0:07:24.600 --> 0:07:27.040 I learned from the best. I don't get it. 0:07:27.640 --> 0:07:29.480 Why are you trying so hard on this one? 0:07:30.200 --> 0:07:35.040 Don't think you've escaped. I'm coming for you next. What 0:07:35.080 --> 0:07:38.560 on earth has gotten into you? I need your vote, Warren, 0:07:39.720 --> 0:07:40.880 and I intend to get it. 0:07:56.560 --> 0:07:58.440 Oh Lord, I can see through the window. The rain 0:07:58.520 --> 0:07:59.720 is coming. She's a talker. 0:08:00.320 --> 0:08:03.000 I'll be on the sidewalk. Keep it brief, Sarah. Remember 0:08:03.040 --> 0:08:04.000 it's a numbers game. 0:08:06.880 --> 0:08:10.200 Hi, Lorraine, how you doing, Sarah Weddington? 0:08:10.360 --> 0:08:13.080 What are you doing on my porch? Come in, come in. 0:08:13.440 --> 0:08:16.080 I'd love to, but my campaign manager would have my head. 0:08:16.240 --> 0:08:17.960 That's him on the sidewalk. 0:08:17.560 --> 0:08:21.800 There, Payson campaign manager. That's right. I'm running for the 0:08:21.800 --> 0:08:23.880 state House and i'd love your vote. Lorraine. 0:08:24.160 --> 0:08:27.440 Here, take this literature. I'm dropping it off for everyone 0:08:27.440 --> 0:08:29.320 in the district. How about you give it a read? 0:08:29.560 --> 0:08:30.680 Of course, give it here. 0:08:31.520 --> 0:08:35.000 Thanks Lorraine. I gotta go, but let's have dinner somenight. Okay. 0:08:35.240 --> 0:08:37.720 Oh, i'd love that. We haven't seen Ron in ages? 0:08:38.360 --> 0:08:39.520 Oh yet? 0:08:39.760 --> 0:08:42.480 What ever happened with that big case you went to 0:08:42.600 --> 0:08:43.880 Washington for, Sarah? 0:08:43.960 --> 0:08:46.599 Good question. I guess they'll get around to making a 0:08:46.640 --> 0:08:47.720 decision one of these days. 0:08:47.880 --> 0:08:48.080 Ah. 0:08:48.280 --> 0:08:51.360 Must be hard not knowing if you won or lost. 0:08:51.920 --> 0:08:53.360 You probably put a lot of work into that. 0:08:53.480 --> 0:08:58.960 Huh just a bit anyway, Thanks for your support. I 0:08:59.000 --> 0:08:59.800 got about a million more. 0:08:59.800 --> 0:09:15.160 Ho good luck, Honey, your honor. 0:09:15.200 --> 0:09:17.840 Do you have a second, Charlie, sit down? Look this over? 0:09:18.120 --> 0:09:20.160 Will you tell me if the language is clear? 0:09:20.400 --> 0:09:22.520 Yes, sir, I actually have something that I think you 0:09:22.559 --> 0:09:25.040 need to hear. Well, spit it out, you know how 0:09:25.320 --> 0:09:27.400 We've been trying to sway Justice Stewart to our side 0:09:27.400 --> 0:09:27.880 for weeks. 0:09:28.000 --> 0:09:31.839 Yes, Charlie, I'm aware Potter Stewart won't even read the 0:09:31.960 --> 0:09:34.160 damn thing. I've done everything short of show up at 0:09:34.160 --> 0:09:36.640 his house and read it to him as a bedtime story. 0:09:36.880 --> 0:09:39.199 I have reason to believe he may be swayable. 0:09:39.920 --> 0:09:44.120 Stuart m doubtful appointed by a Republican when against all 0:09:44.160 --> 0:09:47.520 the equal protection cases. But your honor even more relevant 0:09:47.520 --> 0:09:50.160 for us, he dissented in Griswold in the ground said 0:09:50.200 --> 0:09:52.720 he didn't believe the right to privacy exists in the 0:09:52.720 --> 0:09:53.720 fourteenth Amendment. 0:09:53.840 --> 0:09:55.719 I know all that, sir, but I've just found out 0:09:55.760 --> 0:09:59.440 some interesting information, the kind that suggests the marble that 0:09:59.520 --> 0:10:01.400 just a Stewart vote is etchedon. 0:10:01.080 --> 0:10:06.360 Might have a few cracks, the marble that when you're 0:10:06.400 --> 0:10:09.400 on the Supreme Court someday, Charlie, which you no doubt 0:10:09.440 --> 0:10:12.600 will be, you can savor it when you have pertinent information, 0:10:12.760 --> 0:10:15.240 but while you're still a clerk out with it. 0:10:15.360 --> 0:10:20.920 Apologies, sir, my information isn't regarding Stewart exactly. It's his wife. 0:10:21.320 --> 0:10:25.400 No, No, absolutely not. Whatever it is. I'm not interested. 0:10:25.880 --> 0:10:29.000 Family crosses the line Charlie, I wouldn't want other justices 0:10:29.120 --> 0:10:30.160 discussing Dottie. 0:10:30.240 --> 0:10:33.280 Missus Blackman doesn't volunteer for Planned parenthood, Your honor. 0:10:33.679 --> 0:10:34.600 What did you just say? 0:10:34.920 --> 0:10:37.679 Justice Stewart's wife has been volunteering out of Virginia branch 0:10:37.679 --> 0:10:39.120 of Planned Paranhaud for years. 0:10:39.600 --> 0:10:43.040 Well, that's very interesting. 0:10:43.480 --> 0:10:45.680 I gotta think Stuart's vote is up for grabs, Your honor. 0:10:45.720 --> 0:10:48.520 Perhaps a deal can be made, and if it can, 0:10:48.640 --> 0:10:52.280 then it would be six votes solid majority, sir, and 0:10:52.440 --> 0:10:55.320 could maybe sway the chief too. We'd have to play 0:10:55.320 --> 0:10:57.320 it just right, Yes, your Honor, I agree. 0:10:57.440 --> 0:10:59.760 I can't go directly to Steward because it'll get right 0:10:59.800 --> 0:11:03.559 back to Warren, and Warren will immediately bring Stuart into line. 0:11:03.640 --> 0:11:05.760 I can backchannel with one of Stuart's clerks, Sir. 0:11:06.520 --> 0:11:09.600 No, all four of his clerks are suck ups to Warren. 0:11:10.280 --> 0:11:12.640 They'd love nothing more than to go running to him. 0:11:13.679 --> 0:11:14.840 I may have another idea. 0:11:16.320 --> 0:11:34.240 How's your backstroke, Charlie, Justice Stewart, Can I help you? 0:11:34.800 --> 0:11:37.040 It's Charlie, Sir, Justice Blackman's clerk. 0:11:37.200 --> 0:11:38.240 What are you doing here? 0:11:39.160 --> 0:11:40.520 You work out of this gym? 0:11:40.800 --> 0:11:42.679 I got a day pass, your Honor. I was hoping 0:11:42.720 --> 0:11:43.280 we could speak. 0:11:47.400 --> 0:11:50.160 What's this all about, Charlie. This is a little too 0:11:50.200 --> 0:11:51.800 cloak and dagger for my liking. 0:11:52.000 --> 0:11:54.880 I'm very sorry, your honor. As you know, Justice Blackman 0:11:55.080 --> 0:11:57.559 is attempting to assemble a majority on Row. 0:11:58.040 --> 0:11:59.880 What exactly do you have to say to me that 0:12:00.160 --> 0:12:02.680 can't be said in my chambers in an hour, Sir. 0:12:02.960 --> 0:12:05.920 Justice Blackman is willing to compromise if he comes to 0:12:05.960 --> 0:12:08.480 your chambers. He knows that whatever he says will go 0:12:08.600 --> 0:12:10.960 right back to the Chief. Your clerks are close with 0:12:11.080 --> 0:12:12.000 Justice Berger, Sir. 0:12:12.360 --> 0:12:16.480 I see what sort of compromise is your boss thinking. 0:12:16.559 --> 0:12:20.280 Timing, Your honor, excuse me. We know your feelings on 0:12:20.360 --> 0:12:24.440 the Fourteenth Amendments limitations, but we're hoping you feel some 0:12:25.280 --> 0:12:29.760 flexibility on how far those limits extend. For instance, what 0:12:29.920 --> 0:12:32.800 if abortion were legal in the first trimester of a 0:12:32.840 --> 0:12:34.200 pregnancy across the nation? 0:12:34.559 --> 0:12:35.880 What the hell is a trimester? 0:12:36.320 --> 0:12:39.200 We know that it's never been used in this context before, sir, 0:12:39.640 --> 0:12:42.920 but from Justice Blackman's research at Mayo, it seems to 0:12:43.000 --> 0:12:47.439 him a fertile place for compromise. Doctors already break pregnancies 0:12:47.520 --> 0:12:50.760 into three periods during the first trimester, when the procedure 0:12:50.800 --> 0:12:54.080 is much safer than actually giving birth. We wouldn't allow 0:12:54.160 --> 0:12:58.240 state governments to restrict abortions in the second trimester there 0:12:58.280 --> 0:13:01.760 are slightly more risks. Will let states protect the other 0:13:01.800 --> 0:13:04.320 by enacting regulations as long as they're reasonable. 0:13:04.720 --> 0:13:08.199 And the third trimester? What does your boss say about that? 0:13:08.520 --> 0:13:11.160 His research indicates that by the final third of the 0:13:11.200 --> 0:13:15.480 pregnancy the fetus is viable. Therefore will allow the state 0:13:15.520 --> 0:13:19.320 to protect the prenatal life if it wishes. Interesting justice, 0:13:19.320 --> 0:13:21.400 Blackman thought that might be a compromise. You could get 0:13:21.400 --> 0:13:24.160 on board with your honor? Was he right? 0:13:24.720 --> 0:13:27.560 How soon can Harry turn around a new draft, one 0:13:27.600 --> 0:13:30.000 that reflects this trimester idea? 0:13:30.160 --> 0:13:32.320 Is that a yes, your honor, it's. 0:13:32.120 --> 0:13:35.360 A maybe, son, But more than anything, this needs to 0:13:35.400 --> 0:13:38.560 get done fast. You have no idea How much I 0:13:38.600 --> 0:13:39.960 hear about this at home every night? 0:13:40.120 --> 0:13:43.480 Yes, sir, but there's a bit of a hold up 0:13:43.480 --> 0:13:46.559 with the revision, sir. What hold up the chief, sir? 0:13:47.160 --> 0:13:49.600 He's still refusing to come down on either side. It 0:13:49.679 --> 0:13:51.120 appears that he's stalling. 0:13:51.840 --> 0:13:59.720 Why on earth would Warren be stalling? 0:14:06.120 --> 0:14:09.160 We got steaks here, get your steaks medium, rare, nice 0:14:09.200 --> 0:14:09.800 and hot. 0:14:09.880 --> 0:14:10.960 We got burgers. 0:14:11.080 --> 0:14:12.400 We got cheeseburgers. 0:14:12.480 --> 0:14:13.160 Take your picks. 0:14:13.280 --> 0:14:15.240 Someone's in a good mood, Dottie. 0:14:15.720 --> 0:14:17.640 It turns out the way of the world was a 0:14:17.760 --> 0:14:21.040 lot to carry around cheeseburger from my love. 0:14:21.200 --> 0:14:22.560 Oh, I could get used to this. 0:14:22.840 --> 0:14:25.600 The end is nigh, Dottie. I can almost taste it. 0:14:25.720 --> 0:14:28.200 Oh, that's wonderful, sweetheart. And how did you do it? 0:14:28.240 --> 0:14:30.800 How did you convince the others to come on board? 0:14:30.840 --> 0:14:35.040 Compromise resolved? My natural charm? I got it all, baby, 0:14:35.520 --> 0:14:37.800 We had the majority locked up. I just need a 0:14:37.840 --> 0:14:40.480 straggler to come on board. Let me guess who you 0:14:40.560 --> 0:14:44.200 know exactly who the question is? Why I haven't figured 0:14:44.240 --> 0:14:45.000 that one out yet. 0:14:45.880 --> 0:14:48.320 Oh, I'll get it. It's probably Ron and Belle. I'm 0:14:48.360 --> 0:14:57.520 across the street, Harry. We've got visitors. 0:14:58.720 --> 0:15:00.640 Justice Blackman, Hello, who are you? 0:15:00.960 --> 0:15:02.000 Special Agent Ambler? 0:15:02.040 --> 0:15:02.360 FBI? 0:15:02.480 --> 0:15:03.840 This is special Agent Cutters. 0:15:04.520 --> 0:15:05.480 Has something happened? 0:15:05.600 --> 0:15:06.160 Not at all, Man. 0:15:06.200 --> 0:15:07.280 We didn't mean to frighten you. 0:15:07.280 --> 0:15:11.000 Believe me, she's not frightened. Why have you gentlemen come 0:15:11.040 --> 0:15:11.840 to my home stake? 0:15:11.920 --> 0:15:14.480 Smell delicious, Justice Blackman, you must speak quite a chef. 0:15:14.520 --> 0:15:17.160 What exactly can't wait until I'm at the courthouse. 0:15:17.320 --> 0:15:19.000 This is a courtesy call, your honor. Think of it 0:15:19.040 --> 0:15:19.960 as a consultation. 0:15:20.200 --> 0:15:22.680 Consultation about what justice Blackman. 0:15:22.720 --> 0:15:25.200 It's no secret that you're drafting the opinion on Roe v. 0:15:25.320 --> 0:15:25.800 Wade. 0:15:26.520 --> 0:15:28.680 If you come down against the abortion laws, you and 0:15:28.720 --> 0:15:31.840 your family can expect to receive scores of death threats. 0:15:31.960 --> 0:15:35.840 Our daughters too, Yes, missus Blackman, Nancy, Sally and Susan. 0:15:35.480 --> 0:15:36.880 Two now hold on a moment. 0:15:36.960 --> 0:15:39.800 Like I said, this is merely a security consultation, your honor. 0:15:39.880 --> 0:15:42.960 Harry, put down the spatulot, come inside. Let's all sit 0:15:43.000 --> 0:15:43.760 down and discuss this. 0:15:43.920 --> 0:15:46.920 Dottie. They're trying to frighten us, your honor, Please don't. 0:15:48.240 --> 0:15:51.080 My wife and I are well aware of the controversy, 0:15:51.120 --> 0:15:51.960 Agent Ambler. 0:15:52.000 --> 0:15:54.400 We live in the real world. We read the news, 0:15:54.480 --> 0:15:57.960 watch TV same as you. We know what's coming, Harry. 0:15:58.040 --> 0:15:59.120 They're just trying to help. 0:15:59.200 --> 0:16:03.960 No, Dottie, they're trying to scare us, Agent Ambler. Tell 0:16:04.000 --> 0:16:06.840 mister Nixon and his Attorney General that we will not 0:16:06.920 --> 0:16:11.000 be intimidated by foot soldiers of the Justice Department into 0:16:11.000 --> 0:16:13.920 thinking twice about striking down the law they support. 0:16:14.440 --> 0:16:16.080 I think you misunderstand our attention. 0:16:16.200 --> 0:16:16.640 Your honor. 0:16:16.760 --> 0:16:21.240 Yeah, maybe maybe not. My only question is how does 0:16:21.280 --> 0:16:24.200 the president know where we stand? But I think I 0:16:24.240 --> 0:16:27.040 can work that one out on my own. Dottie, please 0:16:27.520 --> 0:16:29.360 show these agents to the door. 0:16:29.600 --> 0:16:32.240 I think they can find it themselves. Goodbye, gentlemen. 0:16:41.840 --> 0:16:44.640 Never going to happen, Sarah, I hear that a lot. Mike, 0:16:44.880 --> 0:16:47.880 there's time. Take my word for it. You only just 0:16:47.960 --> 0:16:50.800 won your election. You're a freshman legislator. You don't have 0:16:50.880 --> 0:16:51.800 the juice to get this. 0:16:51.920 --> 0:16:56.120 Through, but you do, Mike. That's why I came to you. 0:16:56.120 --> 0:16:58.280 You've been in the state House. What two hundred three 0:16:58.360 --> 0:16:59.000 hundred years? 0:16:59.280 --> 0:17:01.720 You do really asking a favor of me? Right? 0:17:02.920 --> 0:17:06.160 The public is in favor of this bill. Every poll 0:17:06.200 --> 0:17:08.440 shows people want to legalize abortion. 0:17:09.000 --> 0:17:10.360 We even compromised on we. 0:17:10.320 --> 0:17:13.879 Cannot legalize abortion this way. Your opponents may be in 0:17:13.920 --> 0:17:17.640 the minority, but they scare people. No representative here will 0:17:17.640 --> 0:17:20.680 take this up, but especially not while the Supreme Court 0:17:20.720 --> 0:17:24.639 is still deciding the issue. Hell, it's your case they're deciding, Sarah. 0:17:24.880 --> 0:17:27.320 I'll go gray waiting for them to make up their minds. Mike, 0:17:27.680 --> 0:17:29.920 Let's go around them. Let's push this bill through. 0:17:30.119 --> 0:17:33.280 Never going to happen. I know you're frustrated, Sarah. But 0:17:33.320 --> 0:17:37.240 the court will announce their decision soon. We'll know if 0:17:37.240 --> 0:17:39.639 you want a lost and we can go from there. Okay, 0:17:40.520 --> 0:17:42.360 just try to relax. 0:17:58.960 --> 0:17:59.760 Thanks for meeting me. 0:18:00.560 --> 0:18:02.600 How do you even know about this place, Harry? 0:18:02.800 --> 0:18:03.720 The floors are. 0:18:03.760 --> 0:18:08.639 Sticky, Susan recommended it. Things have been tense in the courthouse. 0:18:08.720 --> 0:18:11.680 I thought this might be a place we could speak freely. 0:18:12.320 --> 0:18:15.080 I see, so this conversation won't be tense. 0:18:15.119 --> 0:18:17.920 Then that's up to you, Warren. You've had quite a 0:18:17.960 --> 0:18:19.840 few weeks. What's the count now? 0:18:20.040 --> 0:18:22.720 Six ' to two in your favor. If I didn't 0:18:22.760 --> 0:18:25.040 know better, i'd say you were a natural politician. 0:18:25.080 --> 0:18:28.639 Harry. Come on now, no insults. You know I don't 0:18:28.680 --> 0:18:31.399 mean it as one. Fine. I hope you know that. 0:18:31.480 --> 0:18:33.760 I don't think any less of you, Warren, simply because 0:18:33.800 --> 0:18:35.280 you know how to get things done. 0:18:35.560 --> 0:18:37.200 Sure you do. But that's all right. 0:18:37.560 --> 0:18:40.080 You've always looked down on me, airy because I worked 0:18:40.080 --> 0:18:42.640 as an insurance salesman while you were at Harvard. 0:18:42.720 --> 0:18:43.280 It's okay. 0:18:43.880 --> 0:18:46.080 I don't feel a bit ashamed. I ended up here 0:18:46.160 --> 0:18:49.760 because I get things done. It's how you ended up 0:18:49.800 --> 0:18:51.639 here too, If we're being honest. 0:18:51.400 --> 0:18:53.080 You mean you got me my seat. 0:18:53.200 --> 0:18:55.080 No, I mean I made you a damn judge in 0:18:55.119 --> 0:18:58.000 the first place. Do you think you ever would have 0:18:58.080 --> 0:19:01.760 considered the bench if I hadn't encouraged you. I shaped 0:19:01.800 --> 0:19:06.600 every step of your career, Harry. I miss Minnesota more 0:19:06.600 --> 0:19:09.959 and more. I used to live for our early morning hikes. 0:19:10.320 --> 0:19:13.080 It was a reason to get out of bed. Remember 0:19:13.080 --> 0:19:15.000 how much we used to worry about whether we'd ever 0:19:15.080 --> 0:19:18.240 make our mark on the world. Harry. I believe our 0:19:18.320 --> 0:19:21.920 fifteen year old selves would be awfully proud of our 0:19:21.960 --> 0:19:23.200 sixty year old selves. 0:19:23.640 --> 0:19:28.040 I don't deny you've shaped my career, Warren. You don't 0:19:28.080 --> 0:19:31.160 see it, but you help shape this decision too. 0:19:31.480 --> 0:19:32.360 What does that mean? 0:19:32.600 --> 0:19:35.760 Your mother raised you all by herself. She practically raised 0:19:35.800 --> 0:19:39.560 us together. It's from her that I learned the burdens 0:19:39.600 --> 0:19:40.800 face by a single mother. 0:19:40.960 --> 0:19:44.320 Wow, bringing my mother into it, that's pretty low. 0:19:44.520 --> 0:19:48.040 It's time to come on board, Warren. I need your vote. 0:19:48.440 --> 0:19:51.639 I read your latest draft, Harry. It's an improvement, but 0:19:51.680 --> 0:19:55.840 it's still a mess. An implicit right to privacy. I 0:19:55.920 --> 0:19:58.199 may not have gone to Harvard, but even I know 0:19:58.280 --> 0:19:59.199 how weak that is. 0:19:59.359 --> 0:20:01.600 I would have They're based it on the guarantee of 0:20:01.600 --> 0:20:05.360 equal protection, but I would have lost two votes plus yours. 0:20:05.560 --> 0:20:09.040 I haven't decided my vote yet. I'm aware of that, Warren. 0:20:09.240 --> 0:20:12.720 Everyone is aware of that, and we're not getting off 0:20:12.760 --> 0:20:16.600 these stools until you do tell me. 0:20:17.560 --> 0:20:19.439 Is it just to distinguish yourself from me? 0:20:19.800 --> 0:20:20.720 What are you talking about? 0:20:20.800 --> 0:20:24.919 Pretty extreme, Harry, becoming the architect of the pro abortion movement, 0:20:25.240 --> 0:20:28.399