Ep 04: Bright And Shiny Object

From iHeart Podcasts. This is Supreme The Battle for Row.

Were Arguments eighteen Roll against.

Wade, starring Maya Hawk and William H. Macy.

When you are ready, mister Chief Justice, and may have pleased the Court?

Episode four, Bright and Shiny object.

All right, Harry, what's the wager today?

No beat Warren. I've been running my clerks ragged lately. I'm surprised you can get up and down the court at all.

No is this softy show some heart, Stephen?

That was your rebound.

Should be us out there, old.

Buddy, for it wouldn't last ten seconds. I'm surprised that clerks even allow us to watch. We make them nervous, allow us.

This is my courthouse.

It sounded like an earthquake in my chambers the other day. I'd like to throttle whoever came up with the idea of putting hardwood and hoops on the roof of the Supreme Court? Are Bill and Thirgod's still giving you.

Grief, That's one way to put it.

You made the right call on the Pentagon papers. Harry Nixon had every right to block The Times from publishing it was classified material. Don't let those libs get in your head.

Too late for that. Shake it off.

Then I'm happy.

Nixon's happy. Well, actually Nixon's furious, but he's happy with you. You did good. We'll rack up some points on the abortion thing.

I doubt that, why Roe, Wade, Are you serious, Warren? We only agreed to hear the case to decide who has jurisdiction. It's not as if we'll be attempting to Oh Warren, No, wake up, Harry.

Good pass Graham. But that's the way, Warren.

Do not turn this case into something it's not, Road Wade. Is simply about whether the matter is suitable for state or federal court.

That's all.

It's about a local DA ignoring a lower court's orders. It is most certainly not about us deciding the constitutionality of abortion.

I don't know about you, Harry, but I wasn't put on this court to sit on the sidelines on.

The big issues.

Nor were you put on it to start a civil war.

Don't be so melodramatic, Harry.

Oh no, of course not.

You're right because people are always so calm and polite when disagreeing about abortion.

Relax, Harry. We have the advantage on the court now for Nixon, men. Time to take our shot.

Madison Constitutional Mindstitute, How may I direct your call?

Hi?

I need to speak to mister Roy Lucas. Please, It's Sarah Weddington.

I'm sorry, Missus Weddington. He's not available at the moment, Madison Constitutional Lines. Dude, how may I direct your calls? Hi?

Cheryl? It's Sarah Weddington again?

Is he in?

I'm afraid mister Lucas is unavailable, Missus Weddington. I'll have him call you back.

Mister Lucas needs to call me, Cheryl. The brief is doing court in a few weeks and we haven't seen a single draft. I've had my sections done for weeks. Where are all the sections mister Lucas volunteered to take? I need to pray.

I'll tell mister Lucas your call.

Okay? But that hello?

Hello Cheryl, Madison Constitutional Law Institute.

How my I direct your call? Oh? Sorry, Cheryl? That was your line? Should I say mine now?

Or do you know it by heart?

Hello? Missus Weddington, mister Lucas.

Is not in ye talk to you tomorrow, Cheryl Weddington.

Residents, What can I do for you? Sarah?

Mister Lucas Hello, Thank goodness, I called so many times.

How are you?

What do you need, Sarah?

We're swamped over here.

I'm sorry to bother you, mister Lucas, but you said you'd have your draft of the brief to show me by now, by a month ago.

Actually, Sarah, honey, we have a lot of cases.

We can't just drop everything when you get anxious.

Oh I see, of course, it's just the brief is due to the court soon.

So listen. We're on top of it, Sarah.

If you were here in New York, i'd be.

Able to show you. You're just gonna have to trust me. I gotta right.

Wait, what how's it going? I mean, it's coming along.

I had some thoughts about the Eighth Amendment, Edward, how focused on the numbers?

Crap?

We need to respond to Mount Sinai, Beth, take this down to the esteem Board of Directors.

Prayer request to my most recent mister Lucas.

I'm sorry to interrupt.

What was it, Cheryl?

Hello, mister Lucas.

Sarah, what are you doing in New York?

You said you could show me your draft of the brief if I were here, So I'm here.

Mister Lucas, it's all right, Cheryl, give us a minute.

Yes, mister Lucas, missus Weddington, Cheryl.

So, Sarah, you came all the way up from Dallas.

First airplane ride of my life, followed by my first taxi. Honestly, I don't know which was scarier. The city looks a lot more like Midnight Cowboy than breakfast at Tiffany's.

If you ask me.

And now, it's not a good time.

I stopped by the Women's institute nearby, the one b and deb said offered to help us. They told me you haven't even reached out to them. Can I see the brief please, mister Lucas.

Sarah, honey, relax, you had a long trip, and if you've made an a point with Cheryl, I could see.

I've got back to backs all day. It's just not a good time.

I won't be a bother. Mister Lucas.

Just PLoP me down in one of the many rooms you got here and I'll just get to read.

Tell you what, let Cheryl know where you're staying. I'll call you when I have something to show.

And when will that be?

The case is coming up on the Supreme Court's docket in a few months. The brief is due. But I know you know that because you already filed one extension, Sarah, not that you bothered to tell me. I received a letter about it in the mail. If we missed the next deadline, mister Lucas, the court could throw the case out.

Relax. Remember I've done this before, Sarah.

You haven't, which is exactly why I can't stand up there in front of the justices without a clear understanding of our argument. I need the brief to lay it all out. There's a million decisions to make, mister Lucas. Do we use the Fourth Amendment the nine Some people are saying we should use the thirteenth prohibited slavery. But can I really stand up there and argue that force and a woman to carry a pregnancy to term is

We're going to start on the brief just as soon as we can.

Holy hell, you haven't started yet.

Lower your voice, Sarah. Do you have any idea for the workload around here? How many cases I have to get through? How many are coming up before doors?

You have other abortion cases.

Loads I'm involved in every major abortion case in this country. You know that the argument from a paper I wrote at NYU is responsible for every reason I know.

I hope how many of your other cases are on behalf of women seeking the procedure, and how many are on behalf of wealthy hospitals and providers in need of counsel.

You're out of your depth, Sarah.

True words have never been spoken, mister Lucas. But it also seems like your prioritizing case is paid for by healthcare providers with deep pockets, as opposed to my case, which pays nothing.

Welcome to reality, Sarah, Nice to have you here.

You made such a big show of it.

What was that you came all this way down to Dallas acting like our big savior.

But you're just a little boy, mister Lucas.

You just want to collect as many bright and shiny objects as you can. That's all this case is to you, real bright, real shiny, and we gifted to you all wrapped up in a bow, and now that you have it, you're just a petulant child who leaves his presence around to collect dust. My case is not going to be one of your bright and shiny objects, mister Lucas.

Get off your high horse, Sarah. You don't care about this case. You just wanted some legal experience. Helly, you told me so yourself. This case could be about anything. Don't try to pretend you're a true believer when you're every bit as ambitious as I am. Enjoy yourself while you're here, Sarah. You're twenty five years old and you're in New York for the first time. Have some fun taking a show. The Prisoner of Second Avenue is wonderful.

I have another idea.

Actually, may I make a long distance call?

Please? Ron, I need you, darling. How soon can you get up here?

Now hold on a second, Sarah.

Soon, mister Lucas, your services are no longer required.

Mister and Missus Weddington. I'm Mikey Eisenberg. We spoke on the phone. I work here at the Women's Institute.

Of course, mikey Aha.

We're excited to help you. However we can. Can I grab your suitcase?

Missus Weddington, We've got a Mikey and call me, Sarah.

This is Ron where are we exactly?

Mit, technically this is Grammarcy. We're like spitting distance from Union Square?

Is it say it's New York, Sarah, I literally don't know what that.

Means, Sarah.

Ron, it's my distinct pleasure to welcome you to the Women's Institute and Abortion Referral Service.

You'll be bunking upstairs on the fifth floor.

Sorry about all the steps, and I mean sorry in general that it's not more.

It's fun.

We're grateful to the Institute of putting us up at all. We definitely could not afford a hotel in this city.

This used to be the switchboard room, still is, I guess, But we'll now also.

Be your bedroom. But there's no bed, Sure there is, Ron right there. Those are sofa cushions, Mikey on the floor.

The stuff into hanging out.

It's not the plaza.

I know.

It's an oven up here. My god, heat rises.

I guess they say it's going to be the hotest summer since sixty six.

You know what, it's fine, it's perfect, Ron, it's perfect.

Why don't I let you two get settled. The bathroom is on four. Then come downstairs and you can address the troops Sarah. All the volunteers and staff were so excited to get the call from your Dallas group. We mostly work on outreach and policy advocacy here, but a bunch of our volunteers are pre law and one els we can't wait to be put to work on your case. Oh, careful of the window, it's pretty dusty.

Mikey level with me. Would you live here?

Are you kidding me? I live in Alphabet City. This is the plaza compared to my place.

Will be so busy we won't even notice.

Hi, Sarah, Come meet everyone.

Hi, y'all here, take my chair, Sarah, Get.

You some coffee, Sarah, I'm okay.

Thanks.

I can't tell you how much Ron and I appreciate all of you donating your time like this, especially in this heat, and we're coming from Texas.

You'll get used to it.

No, you won't.

Well, as I think you all already know. Our main job here is to write the Supreme courpri for.

Our case and to prepare Sarah for argument.

Thank you.

Ron.

Now, this would normally occupy a dozen lawyers working full time for months at any major firm.

We have four weeks and I'll be the only one on it. Full time.

We do have my gorgeous husband Ron over there though, till he has to head back to Dallas.

Now, who else do we have?

I'm Katie and this is Lucy. We're full time here at the women's institutes. We want to help any way we can, Sarah, anyway at all girls.

That's fantastic.

Thank you, and Chloe and George over there are our interns.

We're all here for you, Sarah.

Just tell us what to do.

Ron, are you awake?

What do you think?

I think you're a hero overcoming in New York and for sleeping on the floor. I want you to know how much I appreciate it.

It's not like I'm missing work.

You'll find another job soon. You're much smarter than I am.

Ron.

Another firm is going to snap you up.

You'll see what the hell am I doing in New York? Sarah. You don't need me on this thing.

Of course I do. You're a brilliant lawyer, much better than I have.

Stop saying that, would you? You know you don't believe it, and don't condescend to me in front of your interns.

Embarrassing.

I'm sorry I didn't realize I was.

Let's just go to sleep. Okay, it's three am.

All right, Mike.

He said he saw the news tonight nixing out a lot of abortions at all military hospitals.

You think that was aimed at you?

I think it was aimed at Warrenberger.

This damn heat.

You think if we were dropped off in Sarajevo we'd be able to tell the difference.

I was thinking it's more like Attika.

At least they have recreation time there. We spend every second working. Oh it's so damn hot.

You sure can't do this in Attica.

That's my point, Sarah.

The heck it is wrong. Balls give the net and you know it.

Fine cheat seventeen, serving eighteen.

Why haven't we talked about fetus, right, Sarah?

Not now, Katie. I need to concentrate.

This is your sixth game in a row. I think you can handle it.

I think better when I play ping pong.

The fourteenth Amendment defines the person as anyone born or naturalized, says, so right here.

My point seventeen surving nineteen.

We should use this, Sarah. A fetus hasn't been born, so therefore has no rights under the Fourteenth Like literally doesn't have the right to life, so killing a fetus can't be a crime.

But there have been toward cases where a fetus that was injured in the womb has warded damages.

Yeah, but only after birth.

Ron look at this Keeler Verse Superior Court who assaulted his pregnant wife killing the fetus was found not guilty of murder. Fetuses don't have property or inheritance rights for hundreds of years of common law. If fetus has never had the rights of a person.

We use a similar case in Dallas Mocky. But it's a dangerous path. Do we really want the justices arguing about when life begins? What if our opposition brings in priests and rabbis and argue life begins a conception good backfire.

That's insane. Holy men shouldn't have a say.

The court is made up of flesh and blood, human beings, Katie, with their own religious and emotional baggage, their own families. I don't want them distracted by trying to figure out when life begins.

I kind of do.

Imagine if they were forced to decide that life exists like inside sperm, they'd literally have to call birth control murder.

Forget that masturbation would be murder, which is something that even the justices won't get behind. It's my serve, Sarah, damn it h eighteen nineteen Sarah, we need to take big swings.

If we play it safe and don't take any chances, this decision will be super narrow and base. We have the same way as that ping pong ball.

We can't start expanding the argument. Guys, we're drowning and research as it is. You're here for what eight hours a week? We can only do what we.

Have time for.

I agree with Mikey, Sarah, you always play things to your safe.

Oh, shut up, wrong, serve the ball. Hello, Linda and Sarah, Please don't hang up.

I'm not a child, Sarah. I'm not gonna hang up on you.

You have to come to New York.

Linda, Okay, now I'm hanging up.

We need you.

I need you.

I'm the only person working full time on this case. I'm losing my time with everyone. I'm botting Ron's head off. The interns here are God's sins, but they're like twelve years old.

So are you.

Plus I've already beaten them all in ping pong, and I need.

Fresh met I have a job, Sarah, the firmal just let me leave, and you wanted this right.

You gets to me the face of the case.

How many times do I need to apologize?

Keep going?

I'll let you know I should.

Have acknowledged your role more, Linda, Okay, I don't know what to say.

I'm a jerk. I've never been interviewed before. I wasn't prepared.

I can't do this without you. You know procedure and statute a million times better than me. You're essential to this case, and I promise to shout that from the rafters every chance I get from here on out.

Please, this case needs you.

You're getting warmer.

Do you really believe all that?

Right now? Linda?

I swear to God, we're gonna lose, and we're gonna lose big, and I'll not only have let all our plaintiffs down, but I will have set the move went back a decade. This case is going to force none old men to decide women's rights for generations. So when I fail, millions, hundreds of millions people keep telling me I have the chance to.

Change the world, and I think they're right.

But without your help, there's a very very, very good chance, it's going to be for the worst.

I can be on the plane by.

Day morning one.

Why do you insist on driving yourself to court? Harry, Louis would be happy to pick you up. You're right on our way in Morning, Justice Burger, Justice Blackman, Morning James James. You coming by for lunch today, Harry, eleven thirty.

Yeah, let's have it in your chambers, all right. I'd like to have a private talk about my workload. I think I'm ready to take on a little more.

Well, it's about time.

I have a few ideas for cases that may help me get my feet wet.

If there's no clear majority, Harry, I'm assigning.

You the abortion case. Excuse me.

You've got the medical background from your time at Mayo. You're the obvious.

Choice, Lauren, I am, at best, the sixth most obvious choice. I haven't written a single major decision yet.

You just said you wanted more responsibility. Here, I'm handing it to you.

You're handing me a live grenade.

You want my first major decision on this court to be settling the abortion controversy.

You're out of your mind.

Relax, Harry, you'll do fine.

They'll all resent it. And me, Bill Whizzer third Good. Anyway, the senior justice in the majority gets to assign the case, it may not be yours to give out.

Let me worry about third Good, Bill and the others. You both know which way this case is gonna come down.

You have a crystal ball, Warren. We haven't even heard the case yet or read the briefs. I have no earthly idea which way we'll. Don't be a child, Harry, what's this really about, Warren?

You'll do fine, Harry.

I thought you could use a refail.

Ron. You're the greatest, Thank you baby, Such a clear nat you can see all the way to the Statue of Liberty.

It really does look like a little village, doesn't it if.

You ignore the sirens, burglar alarms, constant Honkins. Sure, Mikey tell you a stewardess was murdered around the corner a few nights ago.

You're gonna move, Ron.

Sorry, I'm no expert, but I bet this is the best breeze in New York right now?

What do you think I'm leaving, Sarah All?

This is for us, Ron, You know that, right?

I mean, you know how easy it'd be for me to stay at my dead end job for the next forty years.

Just stay there and finish that sentence.

Ron, stay in a dead end job and stay married to me, that's a nightmare, I.

Of course not.

How can you even you.

Think I've enjoyed having you boss me around in front of these interns.

Sarah, you know how.

Often my friends rasp me about my famous independent wife.

Do you know one other man who would allow his wife to do this?

No?

I don't.

Well, then why the hell should I?

Because I'm drowning wrong. I don't know what the hell I'm doing. I pretend to be confident because I know I should be as the lead attorney, But every moment with these interns, I'm terrified they're going to realize I'm a fraud. God Roy Lucas was supposed to help us figure all this out. Instead, I'm the one that has to decide what constitutional argument to pay abortion to me, the oldest twenty five year old on the planet. I'm in so far over my head I can't even see

Wrong?

No? What is?

What if I'm wrong?

What if you're wrong about what, Sarah?

What if life really does start a conception? What if everything they're arguing is absolutely right and everything I'm arguing is absolutely wrong. If somehow we pull this off, if by some miracle we win this thing and I'm dead wrong about all of it, well, I guess that make me responsible for more murders than just about anybody in history. So my question wrong is what if I'm wrong? Please don't leave.

What do we think about privacy? Katie?

Here are the Women's Institute. I think we're lucky. There are doors on the bathroom stalls.

Sarah, very funny.

Look at these pages. The Court has been deciding privacy cases for years. They just don't call it that.

What do you mean? What do they call it?

Just as Brandeis wrote in a Descent about forty years ago that people have the right to be left alone, the abortion laws are the opposite of that, aren't they.

They're so invasive.

But if Brandeis wrote it in a dissenting opinion.

It's still in the record, still precedent.

If the current court even cares, there's four next and cronies on there.

Now, cronies who are still bound by the justices that came before. Look at this Pierce v. Society of Sisters, olm said vus mayor of v Nebraska. All rely on an unstated, unwritten right to privacy.

Okay, but I'd feel better if it was like actually stated.

We take what we can get. Katie. There's an implicit rat to privacy in the nonth Amendment.

Again, I'd feel better if it was explicit. I guess I just worry that if we rely on a right that's not actually written into the Constitution, even if we win, critics will have an easy target.

So what's the alternative? The equal protection clause?

Why not restricting abortion definitely impeded? Shender equality?

What is wrong with that?

What's wrong with it is that Sarah wants to win.

Linda, Oh my god, you're here.

And nine men will never agree that de nine women abortions has anything to do with equality. I can give you a week before my firm sends an assassin to hunt me down.

In this neighborhood. Who'd even notice me, Katie, our truly brilliant intern.

A Hi, Katie, where's wrong? He came up from Dallas with you, right.

Sir Sarah?

Sarah?

Micky ahead let me introduce you to Linda Costs. He screwed us, Mackie.

I'm sorry, but he took us behind the shed. Now hould our pants down.

In calmed out? Tell us what you're talking about?

And an appearance paper has to be filed with the Supreme Court before the trial.

Okay, fun, we'll file it.

So you're pal.

Roy Lukeucas already filed it himself.

Sarah, I don't understand what did mister Lucas file exactly?

He visited himself as counsel, just himself.

Well, I mean he's not allowed to do that.

What's allowed?

There is no allowed.

He did it. He stole our case, Sarah, far As the Supreme Court's concerned. Roy Lucas is lead counsel in the matter of Roe versus Wade. End of story. Sarah, you're not even going to be permitted to speak in court.

Landa looks legitimate, Sarah.

We gotta fight this immediately.

Mike, he's right. Who do we know what the Supreme Court that can help maybe a clerk or no.

You know what, It's fine, mister Lucas is more experienced.

What how can you say that, Sarah?

You can't be serious? Lucas has worked on this level before, Linda, we haven't. I've only stood before Judge a single solitary time, and we're struggling.

Let mister Lucas figure out which amendments to use.

I know it's disappointing, but maybe this is the right outcome.

What are you saying, Sarah?

You just want to quit?

This was all for nothing, Sarah.

This is what Lucas does.

It's his m We can't just let him win, Sarah win.

This isn't a game. We do what's best for the case.

Can you all honestly say I should be up there answering mister Thurgood Freaking Marshall's questions, William Brennan's on a case is important? Is this a case that can affect this many millions of people? Can you all honestly say that I'm the best person.

For the job.

Yes, well I can't. I'm sorry, Supreme.

The Battle Farah from iHeart Podcasts created and written by Aaron Tracy, directed by Rachel Winter, starring Maya Hawk, William H. Macy, and Al Breslin, also featuring William Fickner as Warren, Luke Kirby as Roy Ashley ESQ as Katie Aaron Cavitt as Mikey. Executive produced by Eva Longoria, Ben Spector, Rachel Winter and Aaron Tracy, as well as Katrina Norvell and Anna Stump

This is a production of Unbelievable Entertainment in partnership with iHeartRadio.