Original subtitles

We're gonna go live now to John Woodward

in Washington D.C., where he's standing by

to bring us the latest, as the Supreme Court convenes

for this historic emergency session.

Today, less than one year ago, the Supreme Court shocked

this nation by overturning Roe versus Wade.

landmark 1973 decision,

which permitted abortion on demand.

The reversal allowed each of the fifty states

to create its own laws concerning the legality

of abortion. Today, thousands of protesters

are in the streets across the country

as this crisis comes to a head.

Tomorrow morning, the Supreme Court will hear

oral arguments in the case of Ginny Mapes versus Alabama,

where for the first time, a woman has been convicted

of First-Degree Murder for having an abortion.

The justices have been called back

from far flung vacations

for this historic emergency session.

It is a seemingly impossible battle

for pro-choice advocates,

since only three justices voted last year

to defend abortion rights. And one of them,

the ailing Harlan Greene, has now retired from the Court

and will be replaced by newly appointed Supreme Court Justice,

Joseph Kirkland.

-Nice acoustics in this place. -Hmm.

We're getting every note.

Sorry.

-You are playing the piano. -And I like playing.

-At 3:21 a.m.? -And that's when I likes it.

-You'll be fine.

-So? -Help.

First day jitters.

Oh, it's just like any other job.

They lucked out, getting you.

You'll know when.

-Thanks. -Yeah.

-Oh. Hi, hi. -Oh, hi.

That's-- I got it, thanks.

I'm-- I'm Callie McPherson, your law clerk.

Right. Joseph Kirkland.

It is such an honor to meet you. Really.

-This is such-- -Please, hold your applause

I'm a beginner myself.

-You just fly in? -Yes, I rented a house

I've never seen before, rented cars.

Half of our stuff is not even here yet.

So, tell me about the others.

-Anymore clerks? -There are no others.

There wasn't time. We'll pick later.

How much later?

Well, this first one is just you and me, kid.

-I'm glad you're not scared.

We'll get by. We'll lean on each other.

That's you.

I thought it was right there...

-Hi. -Hello, Joseph,

-it's very good to see you. -Likewise.

-I'm Eli MacCorckle. -Yes, of course.

And this is Benjamin Ripley. Say hello to Rip.

-Hello, Benjamin. -Hello, Joseph.

-Welcome to the club. -Thank you very much.

Dan Morrisey.

Well, I'm honored to meet you, sir.

-Welcome, Joseph. -Thank you very much.

-Sara. Sara Brandwynne. -Yes, of course.

We're all so happy to welcome you.

Well, I'm happy to be here, Sara.

And this is Henry Banks. Henry, say hello to Joseph.

Oh, hello, Henry.

Joseph.

Now, now, I think you should apologize

to this man for screwing up his holiday.

-No, that's not true. -Thanks for falling by, Joseph.

-We're counting on you. -I'll try my best.

-You play poker, Joseph? -Yes.

Well, that's good. Because some of us play at Rip's,

and we even let Henry sit in sometimes,

seeing as the ACLU makes us.

-Thanks.

Hello, Joseph.

I'm Will Dunn.

-Of course. -Glad to have you with us.

-Thank you. I'm glad to be here. -And this is Clore Cawley.

He's our teacher, and the guardian of our souls.

-I'm privileged. -Makes him the only one

of us fascists that Will can tolerate.

Don't listen to The Cork, young man.

Only The Cork does that.

-Of course, he's tickled.

He doesn't have to lock horns with Harlan anymore.

Well, you know, I never voted against Harlan,

and Clore could never vote with him,

yet I couldn't tell you which of us loves him the most.

-A giant, giant man. -Yeah.

You think about Harlan Greene, he had fresh eyes, Joseph.

He still does.

That's the seat he left vacant,

the fresh eyes seat. Get the feel of it, man.

-We need it filled. -Excuse me, Henry,

why don't we just save Joseph the trouble,

-and give you his vote. -While you're at it, Chief,

-you can give me yours. -Uh-oh.

Careful, Chief, you may give Joseph

-the right impression.

Not just yet. Will and I, we-- we have a surprise for you.

-Will? -Oh, yes.

We didn't have time to get you your own robe.

So, I called Harlan at the hospital.

Well, I can see the gesture doesn't go unnoticed.

-Come on, kid. -Gimmie your jacket.

Thank you.

Try a man's robe on for size.

This one's bulletproof. It'll get you through.

Thank you.

Wear this robe, you don't need look to any man.

Harlan says that "this buys him the vote."

Any vote, except this one.

There's a lot of pixie dust in this robe, Joseph.

Keep your pores open.

-Joseph? -Oh, sorry.

I pledged this fraternity for five years.

-It's your turn now. -Right. Okay.

She means the door is closed.

-Oh, sorry.

I'll get it down.

Yes, you can pick up my dry cleaning later, Joseph.

Right.

-Good luck. -Thanks.

I'm right to your left.

Stage left. No political obligations.

The Honorable, the Chief Justice,

and the Associate Justices of the Supreme Court

of the United States.

Oyez, oyez, oyez.

All persons having business before the honorable,

the Supreme Court of the United States,

are admonished to draw near and give their attention

for the Court is now sitting. God save the United States

and this honorable Court.

An extraordinary day.

This Court convenes in special session

only under the rarest of circumstances,

and we have deemed a case urgent enough to bypass

the normal appeals process, and be taken on immediately

by the nation's highest court.

In the case here before us, two critical issues

are the right of individual choice,

and the protection of human life.

We ask each of our fellow citizens

to consider both of these principles.

Should you take to the streets to show your support

of either side, violence

will not be tolerated.

This morning, oral argument in the appeal

of Miss Mapes against the State of Alabama.

-Ready for repentant? -Ready, Mister Chief Justice.

Before we begin, I would like to make

a special request for absolute quiet

in the courtroom audience. Members of this court

wish that those involved are able to state their case,

their arguments, with maximum clarity

to our maximum comprehension.

Conference buzzer.

So subtle I hardly noticed.

Take it easy on this one, Boss. There's no sweat.

This court was six-three to overturn Roe v. Wade.

Now with Greene gone, there's just Dunn and Banks

-to stand up for pro-choice. -And then there's you.

-How do you figure that? -Tone of voice.

I'm just saying it's six to two against Mapes,

so you don't matter either way.

I just mean it takes the pressure off your vote...

which is...

Irrelevant, so I'm told.

We welcome Joseph to his first conference.

-Thank you. -Tell me, Joseph,

how did you find the quality of the lawyering out there?

Hmm, disappointing.

It's good to have a trial lawyer at the table.

For the record, I couldn't agree more.

You, uh, you know how conference goes?

-Yes, I've read books. -I lay it out,

short and sweet. We speak in order.

Hardest arteries first.

A tentative vote, very tentative.

Start getting a sense of where the majority lies,

only this time...

the majority's not enough, Will.

Nine in a line.

Why, Bobby, does that mean you've come around?

Oh.

Why don't you tell our young friend here why

a simple win isn't good enough for you?

-Why you're out for blood. -Less than a year ago,

I got six votes to overturn Roe v. Wade.

But my so-called majority couldn't agree on a set

of uniformed guidelines to implement the decision.

Three of us, on one opinion.

But Sara and the court wanting lenient sentencing.

And Ripley issues his own unwavering opinion

that we're all going to hell in a hand basket anyway.

No more than three on any one opinion.

Including the dissent. Now three out of nine

is not a majority, no matter how much you--

you try to convince yourself that it is.

So, I had to leave the rule making for the States

to sort out, and what do we get, Will?

Fifty States, hundreds of laws all over the place.

Women running from one state to another,

trying to find the set-up they like.

New statutes every week, and nobody knows which ones

are constitutional.

That's why they're on the streets, Will.

We let 'em down. Now what we need

is a strong majority on a unified opinion.

We have to let them know that our nine minds here

are of one mind when it comes to the topic

of abortion on demand. We have to send a message that,

that our decision will stand, until at least five of us

retire from the court.

What we have here is an Alabama law

that says, "Abortion is murder one."

That could mean that women, their doctors,

anyone who is an accessory before or after the fact

could be executed. That's how mad we've become.

Why is it mad, Will, to punish murder?

Alabama's constitution now states that life begins

at conception. It follows if you kill a fetus

you're murdering a human. And since abortion

is premeditated, the murder is First Degree.

One day after birth, one day before,

six months after birth, or six months before,

it is still murder.

Well, that's Alabama's constitution, Rip.

And if I remember, they lost some war way back.

Makes them listen to our constitution.

Well, our constitution makes no provision

which magically guarantees women the right to take the life

that they created. So said this court

ten months ago when we overturned Roe v. Wade.

Until this court says otherwise.

But the Fourteenth Amendment expressly forbids

taking human life without due process of law.

This little ‘Bama statute violates more provisions

of our constitution than you got old Regan buttons, Rip.

It's vague. It's arbitrary.

It makes no exception for abortions because of rape,

incest, deformed fetus,

or even to save the life of the mother.

Abortion is dead, Will.

And this country needs some fair rules to bury it by.

Now, we have to affirm Mapes' conviction.

If we set her free, they'll think that Roe is back.

Whatever we say, and without Harlan on this court, you know,

you and Henry can't count higher than two.

You got no way to win.

-Did I miss a vote here? -No, damn it, just the point.

What is the point, Bobby?

Are you trying to cut a deal right here in conference?

Could you hear Ollie Holmes right now just whirling around

-in his grave? -Vote with us...

and we'll draft a clear ruling that requires

reasonable sentencing.

No witch hunts. No unreasonable prison term.

What's a reasonable prison term, Bobby?

For a frightened woman

who doesn't want to bear a child?

As long as it takes to execute the law,

with mercy and compassion.

It's a law to protect unborn babies,

and a ten-dollar fine isn't gonna cut it, Will.

Come on, Rip, what's gonna cut it?

One year? Two?

A sliding scale the older the fetus. What?

Sit with The Cork, Willie. Hammer it out with him.

I'll go with his recommendation, I promise.

Be part of the process. That's no deal.

That's right, Bobby. It's no deal.

-I would vote to affirm. -Reverse.

Clore?

Clore passes. We'll come back. Dan?

I think I would vote to affirm to convict.

I appreciate the pain of these women,

but life is sacred.

And you can't bargain with it. I'm sorry, Willie.

I'm sorry. That's all.

I would vote to affirm in council leniency,

but there is some right to privacy implied

in the Fourteenth Amendment. And I think there is,

it does not constitutionally guarantee a woman

the right to abortion on demand.

Alabama may choose, as it has, to defend the right of the fetus

if due process is observed.

I just-- I can't see felony here, Rip.

It's too open ended. These women are desperate,

and innocent at heart. I think we suggest misdemeanor.

A fine, short jail, 30, 60 days, community service.

-Well, how about a spanking? -Only if it's reciprocal.

The judge should get something out of this.

Henry, what'll it take? I need eight votes, Hank.

Why don't we write the opinion together?

You, me, The Cork.

Send in a-- a balanced draft.

Not this time, Chief. The lady is innocent

of any crime and I don't intend to sell her out.

Reverse.

Rip? Repent and reverse.

God, the suspense.

Affirm, of course. But I can't go along

with The Cork's opinion.

I'll have to concur separately.

Sleep on it, Rip. I need one set of rules.

I believe the fetus to be a person

under the Fourteenth Amendment, which means it's life

is constitutionally guaranteed, and no law permitting abortion

could ever be valid.

Dan Morrisey and I are talking.

He may join me.

I don't think The Cork's misdemeanor approach

-will get the job done. -There was an abortion

performed every 20 seconds in this country.

That's a lot of minds to change, Bobby.

Clore, if, uh, if we let you write the opinion,

would you do that and bring us all together?

I haven't voted yet.

Reverse.

He's easy on abortion, Bobby.

He's not with you on the statute.

Alabama wants to make a state law that says, "abortion

is murder one," you're gonna have to write a law

that's a little fairer than this one.

It's a bad statute, I admit, but three votes to reverse

sends a dangerous message.

Sara?

How 'bout we try it together? Write it down the middle?

I'm not eligible.

I'm not in the majority. I would vote to reverse.

I had an abortion...

sixteen years ago...

with the knowledge and consent of my husband.

Abortion is wrong. Mine was wrong.

But I can't put these women in prison.

That's wrong, too.

You voted against abortion on demand--

This is the first time the mother is a criminal.

I always knew I'd get off here.

You just never quite asked.

Well Joseph, you still here?

Jump right in.

All of a sudden, it's four-four.

Keep your pores open.

Joseph, how would you vote?

I don't know yet.

It's a tentative vote. How are you leaning?

I asked you a damn question. How are you leaning?

Towards doing what's right.

When I figure that out, I'll let you know.

Here 40 years,

you'll never see another conference like that.

Conferences are scholarly, respectful.

Any horse trading goes on happens later, quietly.

It's Friday.

This weekend there's gonna be a half-million demonstrators

all over this town, and a few million more

in a hundred other cities, so thi--

this is no time to choke up.

We can't wait till Monday.

-Hmm. -Still want nine votes?

Sure.

Let's start with yours.

You know there's a song. Uh, maybe it's a poem.

-"Joseph, We Hardly Knew Ya." -What was there to know?

I've never been a judge at any level.

Brandeis wasn't a judge. He did all right.

I mean, what created expectations about my vote?

Moderate republican.

Made a good living litigating for corporations.

-That makes me pro-life? -You defended Arthur Jacklin.

He was my client, not my guru. I mentioned that

about a hundred times during my confirmation hearings.

Arthur is pro-life but he's committed to non-violence,

and I admire that. Now he gets busted,

and the liberals, they sit on their hands

-because he's not pro-choice. -So. you just jumped in,

dropped all your insurance companies, hospitals--

He is the Martin Luther King of his movement.

I thought that was worth a defense.

You defended a man, not a cause.

And you told the Senate, in no uncertain terms,

that you had no prejudgment on abortion.

So, why should I have any expectations about your vote?

Why, indeed.

Of course, the media says that the Jacklin case

was the only thing got you nominated.

Says the media. They're pretty dumb.

Just a trail lawyer, albeit a rich one.

No judicial experience,

catapulted to the High Court because the President needed

a clean, charismatic,

and reliable vote against abortion.

Which the media says,

"is the President's top priority."

But as we know the media is...

pretty dumb.

-What did you tell him? -Who?

You couldn't mean the President, could you?

Because for the President to take a meeting with me,

and pretend it was perfunctory, and social and then try

to ascertain my views on abortion

before nominating me?

Oh, that would have been incredibly improper of him,

as if he were trying to stack the court.

Lucky that meeting never happened.

-Hmm. -And if it had...

he never would have asked directly.

Oh, he doesn't ask much directly, does he?

But he would have told me his assumptions and his views,

and watched to see if I contradicted him.

-What would you have done? -Oh, I would have been

so bone deep shocked, that I would have kept

my damn mouth shut and let the son of a bitch

-assume whatever he wanted. -And why would you do that?

Because I would have realized it's the only way

of getting an open mind on this court.

And I might have thought that this republic

was entitled to it. Now, if you really wanna know

what happened in that meeting,

let's get the New York Times up here

and we'll all talk about it together,

because I certainly have nothing to hide.

And when you call over to Pennsylvania Avenue tonight,

you tell whoever answers the phone to say a prayer

for Arthur Jacklin, because he's the second

best reason I haven't voted with Will Dunn, yet.

What's the first?

You don't know her.

Here, this statistic stuff is a bitch.

And this is from the Library of Congress.

-Just put it here. -Okay.

And then this one is from upstairs.

Oh, and some old friend of your wife's called.

Her name is Marley. Then Mrs. Kirkland phoned,

-so I just gave her the number. -Marley Terrell?

Yeah.

Can you give me a minute, please?

-And hold my calls. -Yeah.

Hi. How are you? Very good, thanks.

Oh, well, I don't know.

It's gonna probably be, uh, kind of late.

Uh, fascinating day, fascinating. How's your day?

Yeah, well, you know, my clerk said

that "Marley Terrell called."

Did you, uh, did you ring her back?

Right. What's up?

No, it's not. We've been through this already.

Well, she's my daughter too, and I think, you know,

you need my vote before you do anything.

Linda, honey, listen to me.

You're not-- you're not listening

to what I'm saying, okay? What I'm saying is no.

All right? No, is what I'm...

Me, too.

I'll try.

Imagine, 1.5 million women going to prison each year

alongside 1.5 million doctors.

Well, the insanity of such a final solution

is truly worthy of the Third Reich.

And, you know, both Hitler and Stalin outlawed abortion.

Also jaywalking.

Virginia, if your conviction is--

-You think she's wrong? -She bothers me.

You can ask why, Callie. You can ask anything.

What? She's slick, packaged, what?

She's a test case.

She's a lawyer who had her abortion in Alabama,

because she was handpicked by pro-choice

to challenge this law.

-Why? You think she's heroic? -More than that.

Okay, she wins.

-Hey, I like being influential.

Nice of you to stop by.

I didn't wanna wake you.

God knows what might have happened.

-Nice note. -Did I make you laugh?

All day long, that's all I did.

-Nice people you work with? -Yes.

-Even the Chief? -No.

'Cause I really disliked him.

You met him at the swearing in, and he said ten words to you.

And I disliked every one of them.

And the horse they rode in on.

I see you're not mad about this Marley thing.

-Do I look mad? -You look something.

Maybe it's not about the Marley thing.

-Maybe it's about your day. -What?

Apparently, you haven't seen the news

since eight o'clock tonight?

And I'm usually so conscientious.

Well, it's nothing much.

I just wouldn't give out the address of this place

unless you want lots of company.

-You can tell me now, I'm ready. -The vote is four to four.

You are the swing.

They said that on the news?

Right.

I want a name and I want it now.

-Don't do this to me. -Who leaked this to the press?

-I don't know. -I expect your loyalty.

Don't you think half the clerks in this building

knew who it was within 15 seconds?

Don't put me in the middle.

If no clerk comes forward to

to accept responsibility,

I intend to conduct the inquiry myself.

Is everybody comfortable with that?

-No. -Well, uh...

...personally speaking, nobody questions my clerks but me,

and I don't have any questions. And if I haven't been

around here long enough to command that kind of slack,

then, uh, well, maybe I've been around here too long.

Ah! Anybody else?

-I'm doing it like The Cork. -Yeah, me, too.

-Here, here. -Count me in.

Joseph, you've been here five minutes.

And I'm laying it all on the line.

What's wrong, Will?

I'm just wondering about the cheery mood

you're in, Bobby.

Well, whenever I get to prove the press wrong,

I get all fuzzy inside.

You see, they think we're deadlocked.

I have Clore's vote, Will. And unless anyone jumps ship,

I'm taking the opinion,

affirming the conviction in this case,

but attacking the Alabama law

for lack of reasonable exceptions,

and sentencing limitations.

It's going to have the effect of making them rewrite

the statute, and that's-- that's what Clore wants.

But too late for Ginny Mapes?

She wants into the history books.

-She's got it. -Tell me, uh, what kinda

jail terms are you recommending for these women?

Open ended. I have to keep it vague.

If I don't, I'll lose Rip on one side,

-or The Cork on the other. -What became of your distaste

-for chaos? -I've lowered my horizons.

Right now, I'm happy to be able to count up to five.

Or is it six?

Joseph, the more I know about your position,

the better chance I have to accommodate it.

It's Saturday.

Judgment day, tomorrow.

A woman who chooses not to bear a child is a criminal.

Only nine people alive can stop that now.

Pray to God they're listening.

And who are we, we women who chose termination

of pregnancy? Well, 20 percent of us

-are teenagers. -A lot of poor people, too.

Fifty-three percent under the age of 25.

-Sixty percent are white.

Thirty percent are in school.

Seventy percent of us are employed.

One-third of us have incomes below the poverty line.

That's a lot.

We are women, many of us who cannot afford food, shelter,

clothing for ourselves, or for our existing,

dependent children of whom we are their sole support.

Now, that is not a sob story. That is real.

But we are not all poor. Some of us are simply lonely,

afraid, and unready to be mothers.

But 70 percent of us plan on having children

when we're older, more financially secure,

when no longer alone.

We made our decision responsibly...

or fearfully or selfishly.

Or all of the above and more.

We are human.

My, my, Sara Marie.

I guess I haven't wandered down here for a visit since...

Since the last time you needed something.

-Have a candy. -No.

I came for your vote, Sara Marie.

-Ah, why the smile? -It's the way you said it.

It was exactly like the devil saying you've come for my soul.

Well, if I were Lucifer I could count up to nine.

As it is, you're only gonna take me to six.

I'm writing my dissent, Bobby.

Only until I walked in.

There's no way you can turn me down.

The key is, I have enough votes to win already,

so the conviction is gonna be affirmed with you

or without you.

I have five votes, no matter what.

And if I can't count on you,

I'm going to have to please Ripley.

And that means maximum possible sentences.

But, if you join me, I'll cut Ripley loose.

Let him concur separately, and you will be personally

responsible for keeping the sentences of these women

at minimum or... or token levels.

In fact, you can draft that section of my opinion.

You're the woman, Sara Marie.

We need you to say "abortion is wrong."

And that's what you believe.

We need you to stand for compassionate sentencing.

How can any prison term be compassionate?

Prison there will be, Sara, so say five votes.

The only question is long prison terms

or next to nothing. That choice is yours.

It really is a deal with the devil, isn't it, Bobby?

You've dealt with him before, Sara.

Now we have tomorrow to lock in.

Monday, we have to present it at 10:00 in the morning,

so if you would start drafting your section, I'll be grateful.

And if you'd talk to Mr. Joseph Kirkland,

I'd be even more so.

What?

Properly viewed, this is the new center position,

and I think that's where Mr. Kirkland longs to be.

He likes you.

Well, you can tell him that you and he will be moving me

to the left of Ripley, which is true.

Then, we can count up to seven.

You're gonna be saving a lot of women

a lot of years in prison, Sara.

Because you're in the right place at the right time.

Now, that's how history gets made.

-Hello. -Oh, sorry.

There was-- there was just more room here.

No, no, stay where you are.

You look great back there. What can I get you?

Rare steaks? Scotch and water?

-Nine votes for Ginny Mapes? -I'll take five.

Oh, uh, that Marley Terrell called again.

She said she couldn't get ahold of your wife,

so tell Mrs. Kirkland she's driving like crazy

to get here by tomorrow.

I'm gonna go home for a minute.

Hi.

I thought you were pulling an all-nighter.

You had a phone message. I thought I'd bring it by.

Marley Terrell called.

She says she'll be here tomorrow. Tomorrow?

-I decided it's time. -Really?

Yes, I did. I heard your vote. Believe me.

-Mommy gets a tiebreaker. -Well, it's--

it's a little bit that.

It's also about letting truth get the tiebreaker over a lie.

-A lie? -Yes. A lie.

A secret is the same as a lie. Do the math.

My daughter is eight years old. You do the math.

That's funny, so is mine. She's the only one I'm telling.

You can keep yours locked up in a tower.

You've won the argument for three years.

You knew you couldn't win it forever.

It's time, that's all.

Well, you sure picked an interesting time.

What is that supposed to mean?

You think this is about the case?

What are you gonna tell me, it's a coincidence?

No, not completely. It is why Marley called.

It is no factor in my deciding to let her come.

What are you accusing me of?

Don't pull your trial lawyer crap on me.

I am on the verge of getting very angry.

Well, that's good, then we can empathize.

You know my commitment to life.

And you know how I want you to vote.

I don't have to trot out Marley Terrell

-to remind you of our daughter. -Then, why did you?

Why?

You want to acquit that woman.

You want to promote abortion in this country.

You wanna have those babies on your conscience.

Well, you go straight ahead.

Just take it on back to work, and don't do it here!

Thank you very much.

I can feel the slack in the leash already.

You know, it's a shame that there's not enough slack

in that leash to protect our daughter from your truth.

I am gonna forgive you for that because I know

that you love me!

And that you are under a lot of stress.

Don't you take the moral high ground with me!

You're turning this around so you're the victim.

You are not the victim!

You are accusing me of using Jenny

to manipulate you.

Just my vote.

Me, you do very well on your own.

Who's gonna tell Jenny?

You can have first try. That's fair.

Sorry.

I gotta go meet Artie.

Well, give him my love.

Your pro-life poster boy,

Mr. Jacklin is here.

I showed him the notes, per your request.

Hey, Artie.

Good to see you.

All right! Hey, let me ask you something,

what the hell are you doing in a judge's office?

I have no idea. What are you doing out of jail?

Well, I'm due back.

You look good. Linda sends her love.

-Oh, man. -Everything well?

-Yeah. -You read my notes?

I did.

Let me ask you, what is all this crap?

'Cause I'm looking at this,

and I can't tell which way you're landing.

I mean, all this side bar stuff, counseling, waiting period,

notification, the adoption numbers.

Well, you know, the side bar stuff

is where compromise happens.

They do that around here.

Yeah. But I know you a little.

I thought you'd go for the throat.

So, why don't we start at the throat?

Go ahead, tell me. Take your best shot.

What do I need to hear?

Tell me like if it's the first time.

Because now it is.

A human life. Her name is Jenny.

Low blow.

She's got a heartbeat by 21 days,

and by six weeks she's pumping her own manufactured blood

through her own closed cardiovascular system.

Jenny's brain waves are readable at 43 days.

She's an individual. A unique genetic being.

You tell me which side should bear the burden of proof

if someone wants to take that life?

No, forget about taking, because this is violent killing.

Jenny is attacked with steel weapons,

torn from the uterus, dismembered in the process,

because we couldn't leave any little pieces

of Jenny behind to infect the loving mother.

Or maybe the amniotic fluid

is replaced by a saline solution and she suffocates

and burns in two hours.

But when does she feel pain, Artie?

When is she cognitively aware of that pain?

Seven months? Eight months?

No, nobody knows that for sure. That's why they argue

for killing them young. Because maybe it's okay

if she's not aware or in pain. But we know that she's startled

by loud noises and turns towards a soothing one.

Responds to touch. Begins to cry.

It doesn't matter what she doesn't feel or doesn't know.

-She is no less alive. -I think you're wrong.

I think knowing and feeling is a big part about being alive.

You have two cells at conception.

It's alive, but maybe, maybe it's human.

But it's certainly less, less than at nine months.

It doesn't start off as Jenny, Artie.

It grows, it's a process. She becomes Jenny.

If you can't see that, you can't reach me.

You're drawing an artificial line,

-picking a number, playing God. -Tell me why that's wrong.

Who draws the line?

The mother who wants to be rid of Jenny,

pretend it's some kind of uterine tumor?

-Who stands up for Jenny? -I do.

And what about her potential, Joseph?

You wanna kill her. You wanna punish her with death

because her brain hasn't developed.

But if you don't kill her, it will develop.

But you kill her before it can.

Now doesn't that strike you as a little unfair?

What about letting nature take its course?

Joe, will you think about that?

-That's all I do think about.

Hi, Sara. Please come in.

I want you to meet Arthur Jacklin.

Really a pleasure to meet you, Your Honor.

I'm surprised to see you here.

-Walk with me? -What?

I think you're exposing yourself to an extreme influence

on the night of the deliberation.

-You're wrong, he's not. -Oh, yes, he is.

He's-- he's Virginia Mapes. He's passionate.

He's committed. And in this context,

on this night, that makes him extreme, yes.

-I'm refuting his arguments. -Every one?

Except the ones he's right on.

-Why don't you talk to him? -No.

Why? Are you afraid he might change your vote?

No, he doesn't have to, the chief already has.

He has his five to affirm.

He says if I join--

He'll throw you a bone on the sentencing.

Sorry. Am I growing up too fast?

He bought you cheap, Sara.

He wants five on the same opinion,

because Ripley's going by himself.

So, that means the Chief, Clore, Cork, Morrisey and your vote,

he needs you for a token sentencing.

Otherwise, there's gonna be a war between Ripley,

-and the bleeding hearts. -Maybe not.

And that's why I wanna talk to you.

If the Chief leans my way on sentencing,

there is a chance he could lose Dan Morrisey's vote,

and he'll do anything to avoid that,

including selling me out in a New York minute.

Dan's a legend. He's like Will. He--

he personifies humanity and compassion.

And if he's on the opinion, then it's validated,

and it's legitimized. But you see, if I have you--

If I have your vote and you and I are two.

-And two pygmies trump a legend. -Pygmies?

I wouldn't put it like that, but yes.

-Think of the stakes, Joseph. -Hmm.

Ripley would make these women murderers.

And if he's given half the chance,

the Chief will go that way, too.

Please don't give them that chance.

-It is so late.

Well, will you sleep on it?

Tomorrow we'll do the right thing.

-Hi. -hi.

What are you doing?

Watching you sleep. It's very entertaining.

Funny I should ask.

Funny you should ask. Come here.

How'd everything go last night?

-Okay? -Mm-hmm.

-How 'bout Mommy? -She cried.

She say about what? No?

It was my fault.

-We had a big fight. -About what?

We got into a fight about babies. Sort of.

I know you know that how, you know, some people they--

they can't make babies with their bodies. Right?

-Like Aunt Lucille? -Right. Like Aunt Lucille.

Although she's still trying, right?

And we hope and pray that one day she can, right?

But some people, you know, they just can't.

Right?

And then there's some other couples

who have lots of babies.

And even though they have

lots of them, each one of those--

-Are we having a baby? -Oh.

No, we're not having a baby.

Where was I?

Okay. These-- these couples that they get to...

you know that they can't have babies,

but they want them so badly,

and they really need a baby, but they can't have them.

They get a special gift.

They get to adopt a baby.

And that baby to them, because she's adopted,

becomes the most precious...

baby of all. The most precious.

Is that me?

That's you. The most precious of all.

You always knew how much you meant to us,

and now you know why.

How come you never told me?

I was afraid that I wouldn't say it right.

And that, uh, you would think I love you one inch less,

-and I couldn't stand that. -Well, when were you gonna?

When you were bigger.

And Mommy was right, I see you're big already.

You still love me?

Of course, I still love you.

And I love you with all my heart.

You're my special.

-Where's my real daddy? -I'm your real daddy.

I mean, the other one.

Your other daddy is, uh...

Well, nobody knows for sure who he is.

Not even the mother who gave birth to you.

You know her?

I-- I know who she is.

And I know she's driving up to meet you.

And you can meet her if you want.

And if you don't want to, we-- we won't let her.

Is she nice?

Well, yes, she's nice. And you won't be alone with her.

Mommy and I will be--

She can't get me back or anything?

Nobody can give you back. Nobody takes you away from me.

You understand that? Never.

-And you know what? -What?

She has brown eyes, like someone I know.

Is she real pretty? Is she, Mommy?

You know what they call when there's three people

in the room and they all love each other?

-You know? -What?

A family.

I love you, munchkin.

Eighty-seven injured, twelve seriously.

Adding to the eruptions of disorder

in Macon, Seattle, Fort Worth.

It's been a busy night all across the country.

With less than 24 hours to go, yesterday's rumors

of a conservative consensus have evaporated,

leaving even the most experienced court watchers

in sharp disagreement over which way

this court is going to turn.

How did he say it, Willie?

Harlan said, "It's time to go, Willie.

So, let's not start crying about it."

And I cried. And he watched.

And you know what he said?

-He said, "You look ridiculous."

-I'm sorry. Am I interrupting? -No.

We're just lobbying our pigheaded colleague here.

Help us, why don't you?

Mister Justice Morrisey, sir, whatever they say, just do it.

Intriguing technique.

I believe in finesse, me and the Chief.

Have you ever wondered why we're not lobbying you?

You haven't stopped since I met you.

-So, you noticed. -Hmm.

I am interrupting. I'll come back.

As a matter of fact, you are.

But if you'll help us change Dan's vote, we'll forgive you.

Talk to me, son. Take a minute.

-Let's see who's mind changes. -Okay.

Well, sir, you are the most interesting vote in the pack.

Oh, you interested in contradictions?

Well, Willard Dunn here, he supports abortion,

and he's against capital punishment.

Under the theory, I suppose that

only children are deserving of heaven.

Are you a religious man, Joseph?

-No, sir. -Dan, an honest answer.

Didn't they tell you we get paid by the word?

No.

I think you better vote with Willie here.

You know, if it weren't for my religion

that's what I'd be voting.

Why?

I mean, if it's not a human being

that tissue is still some form of life.

Oh, well.

And what is the competing right? The convenience of the woman?

Bringing an unwanted child into the world is a little bit

more than inconvenience, son, for all concerned.

If it weren't for God's will.

Do you know this pro-life bunches' arguments

become a bit theoretical. You know, adoption not abortion.

It's a fine theory until you look at the numbers.

The reality of what happens.

So few of those children ever end up fed and loved,

and not alone in the world.

It's not anything like the theories

in Ben Ripley's mind.

It's real suffering in terrible numbers.

But God isn't a theory. He's not just in our minds.

No, God is real.

Does he want you to protect the weak?

Why he surely does.

Does he want you to stop the pain of mothers and babies,

real suffering in terrible numbers?

I think so, Joseph. However, if you read your Bible,

you will discover that he wants some other things of us as well.

Hmm.

What are you thinking?

I'm thinking how much the Bible sounds like our constitution.

It can't cover every specific, so it gives us guidelines,

that could justify a range of options.

In one way, or another.

If we choose to look.

We cannot hide from our freedom to choose, no, sir.

It's in our hands to do the right.

And what is that, Joseph?

Still chasing it, sir. Still chasing it.

But looking at you and listening to you,

I would say you should watch out because Will Dunn'll get you.

Well, on this one, no.

No, not even Harlan Greene

could turn me around on this one.

That's actually why I came down here.

Mister Justice Greene, how is he?

Oh, he's feisty, impossible.

As a matter we were talking about him when you

walked in.

-You think he's up for a visit? -He'd like that, Joseph.

He'd welcome it.

I think he's waiting on you.

Thanks for the chat.

Mister Justice Greene?

Oh, hello, Joseph. Pleased to meet you.

Same here, sir. I'm truly honored.

Sir. I like that.

Will you keep that up, calling me that?

Yes, sir. I always will.

Well, Henry Banks thinks

you're good enough to vote with him.

And Willie Dunn's not sure. That's the highest praise

I've ever heard from either of them.

So, perhaps you're half all right.

Thank you, sir.

Take to the Chief right off, did you?

-Yes, like, duck to water. -The robe fit you good?

I'm gonna try my damnedest.

Well said. Good of you to waste your Sunday.

Well, actually, I came for a favor.

Well, that's very flattering, Joseph.

I can't imagine what I could possibly do.

I need your expertise, some help.

Sorry for the handwriting.

It's just some early thoughts.

It's the clarity of the thinking...

that you might want to reconsider.

Now, this, uh, this foolishness over here.

Is this what you think counting to five requires?

Uh, worse than that, sir.

It's what I think fairness requires.

Whoa, now. Whoa, boy.

Continuing obligation of the states?

Yes, right.

It probably occurred to you that this might require

some oversight on the part of the court.

Well, no more than Brown versus the Board of Education

required to desegregate the schools.

Oh, no more than that, huh?

-Well, maybe a little bit more. -Now, be careful, son.

The Lord loveth a man of low ambition,

and the Chief even more so.

Well, maybe I'm looking for love someplace else.

The first thing to know is we all vote who we are.

Right.

And this will detail who you go to and who you don't.

And how you do both.

Because how you don't do something counts, too.

In fact, as in all of life...

everything counts.

I need five votes.

Well, you do have a lot of foolishness in here.

Yes, sir, but, uh, I believe in it, truly.

You get me to four...

I'll get you to five.

Right this way, Mister Chief Justice.

Thank you.

I know you're heading home for supper,

so I'll come right to the point.

Uh, the Cork says that "you showed him some notes."

Hmm, thoughts in progress.

Still thinking, still working on them.

-Why The Cork? -Thought I'd get his opinion.

You thought he'd bring it to me, huh?

Why?

Because I own his vote.

We have a long and a-- Symbiotic, is the word,

symbiotic relationship, The Cork and I.

Neither of us could be who he is without the other.

And on the big ones, which this one is, I--

I vote his vote.

-How could I have known that? -Yeah, how?

Tell me, Joseph,

what are your views on other matters?

"Other matters"?

Free speech, criminal rights, death penalty,

equal protection of the law. Where lies your heart of hearts?

Are we talking about trading votes?

You got one to trade, son, other than your own?

Now you just pull them back for a couple of seconds,

and listen to somebody who's older

and meaner than you are.

I'm talking about a relationship.

Wherein, your views are as important to me,

as mine are to you.

I can double deal with the worst.

And I rarely make a promise.

But when I do, I've never broken one.

-You can ask Harlan Greene. -Harlan Greene.

Oh, how could such a pitiful liar

ever make a living as a lawyer?

Well, good thing I landed on the bench

where honesty is at such a premium.

Now, what did Harlan say?

"You get me to four votes, son, and I'll get you to five."

Oh, so that means Clore, Rip, The Cork,

and, uh, who? Oh, me.

How many does that make?

Yeah.

So, I guess that means you have to get everybody else.

So, while you're home

having dinner with your charming family,

I would ponder my offer of a relationship,

because if it stops here,

I can forgive this level of disagreement in five seconds.

I can even respect a man for trying.

But if you go for five, if you really go...

win or lose, you-- you'll hurt my feelings.

Have a good supper.

Are you gonna tell me what this is all about?

Come on in.

I'll be out on the landing.

You can come out when you're ready.

I'm making some tea. Do you drink tea?

Yes, thank you.

If you punish that young woman, you'll regret it all your life.

Is this her idea?

And I'm 80 percent sure it's a bad one.

Neither you nor I have time for this.

We both have a night's work ahead.

If this can't help...

please dear God, don't let it hurt.

Well, that's a chance you take, isn't it?

When you get up in the morning, yeah.

I'm late for a rally at the Lincoln Memorial.

Is that enough irony for you?

What would Mister Lincoln say?

We must wonder, you and I, if he could see all this.

Your clerk told me what you think of me.

And you are mostly right.

I am the worst case for sympathy,

except perhaps for my color,

which only adds to the irony, I suppose.

I am educated. I am successful.

My abortion was truly discretionary.

I could have afforded the child.

I could have handled it emotionally.

It would not have even seriously interfered with my law practice.

But the father was barely a casual boyfriend,

and the conception was an accident.

And I choose to terminate the pregnancy in my fifth week.

Do you have any regrets?

I wish I could say I did.

It would make me more sympathetic, I know,

but I felt none.

Someday I will fall in love,

and we will have babies together.

See these and other things you could come to know about us,

if you spent the time.

But there is one thing you can never really know.

What this means to us.

Will you tell me one thing?

I'll trade you. One for one.

Are you afraid for yourself?

Oh, yes, very much.

Are you?

Yes.

They said you're not eating.

Oh, the food's terrible.

Well, I,

thought that maybe they'd forgotten...

where to find these.

Well, it's all no chocolate.

This-- this is the butterscotch here.

-Thanks, Danny. -You look pretty good to me.

-You want your seat back? -When the Chief steps down.

Will said you wanted to see me before the vote.

Of course, I came.

I didn't wanna miss a chance to win another argument.

Well, I'm a busy man, Harlan. Let's get to it.

-Why are you smiling, old man? -I wasn't smiling.

I-- I was just thinking...

just thinking of what we built.

You and me, and Willie Dunn.

I lie around here and wonder how did we do all that?

Oh, jeez, it just started with...

just this little notion, it was just a notion.

People should be a little more free.

Yeah.

And out of that...

we built this thing...

out of cases.

Yes. Battles.

Plenty of laughs. Plenty...

What we built...

I take it out at night...

and I look at it, Danny.

Look. It sings to me.

Is-- is that it?

Was that what I came to hear?

Remember how it ends?

Oh, Danny.

Well, you know the rest.

That's the lowest, shabbiest trick...

in all the 23 years we've been together.

Twenty-four.

You know Will Dunn isn't gonna vote for this.

You know that.

I'll come back to see you tomorrow night

when we can have a real visit.

And you enjoy these chocolates.

And if anyone tries to take them away,

you tell them that the highest court in the land

says you have a constitutional right...

to eat every la-- last one.

-Wait. -Hello.

You like that picture that I was drawing?

Mm-hmm.

I'm gonna be right back, all right?

Hey, Jenny, how did it come out?

Can I see?

Hi. It's nice to meet you.

I also drew this.

I have to find another sticker for it.

She surely is a beauty.

She has your eyes.

You don't sound mad.

Marley, look at me. Do I look mad?

You don't look happy.

My work is on my mind. It's not about you.

That's why I've come. It's about your case.

Do you think I come for money?

That would be okay, if you need some.

-Do you? -No, sir.

-She's super smart. -Hmm.

You can see her eyes,

they're real quick with everything.

She showed me her dolls.

I'm gonna send her some she doesn't have,

if I can find any.

I'm glad you met her.

That's not why I've come.

I know that.

Back then it was legal not to have them,

and I wasn't gonna have her.

-Did they tell you that part? -Yes.

Had there been room at this clinic,

or if I had enough money to go to a regular hospital,

it'd been too late.

-You understand? -Yes.

And you're not mad?

-Mad we were lucky? -No.

Mad 'cause if your lawyer don't call my doctor

when he does, I'd have let her go.

The only reason I didn't was for the money.

You blessed us with a baby.

And for that we will always be grateful.

-Do you understand that? -Don't change the law back.

Don't make it legal.

You go in that room and you look at her.

You really look at her. Don't you know she's perfect?

You think of every moment you ever had with her,

every birthday, little dance recitals.

Does she do those?

-They're so very sweet at those. -Hmm.

You think of every kiss goodnight you almost never had.

Can you do that?

And you think of every moment you're gonna have yet.

Her graduation, when she's worked so hard.

Her big happy wedding and--

and her first baby with those big eyes of her's.

Would you let anyone come and take that away?

Would you rip their heart out with your own hands?

And even if you weren't deserving...

if you weren't loving, which I know you are,

but if you were like me, you could scarcely be worse.

Don't say that, please.

Still, it'd be your duty from God to protect her...

because she owns her own self.

And her life isn't yours to give away.

These are the guys in your court.

-Can you tell? -Mm-hmm.

This is the lady with the long hair

-and the pretty dangly earrings. -That's right.

-Does she have long hair? -No, but she could.

-I would. -I know.

And this is you. Right here.

Oh, but I-- I have to sit at the end.

They don't let me sit in the middle.

-Who does? -The Chief.

And down here watching is Mommy,

and me with my yellow bow, and Marley.

She gets to come, even though she's not my real mother.

Your real mother is the one

who loves and cares for you, right?

Right.

This is for you.

Oh, thank you. I'll put it in my office.

You can sign it for me and everything.

-Was it weird meeting Marley? -She was scared.

She didn't know I knew about her.

She thinks all kids like the zoo,

so me and Mommy are taking her tomorrow.

-Good. -After the court.

You're coming to court?

Shh, it's a surprise.

Hello, Joseph.

We have conference in five minutes.

-Will you give me two? -Sure.

Henry Banks has asked me to join your opinion.

I can't do that.

Well, that's four seconds, Will.

You have plenty of time left over.

I think you're wrong, Joseph.

So, I've come to ask you if you'll reconsider.

Well, I have considered, and I've reconsidered.

It's about all I've been doing.

So, you vote your conscience and I'll vote mine

and we'll see how that adds up.

Well, it can't add up too much, you and I,

unless we're together.

So, I need to have you think it over.

Compromise is an important ingredient

in what we do here.

It has no place in the Bill of Rights.

None. Freedom is a very precious commodity.

It's more precious than life,

because it makes it worth living.

It's more precious than trying to win another individual case.

If freedom itself can be bargained,

than in time it surely can be bargained away in its entirety.

And what we sell that birthright for

will be ashes in our mouths.

Any restriction on how or when a woman chooses

is a restriction of her freedom.

You realize that these provisions

are the only slim chance I have

to get Dan and Sara on this opinion,

because they do care about reducing abortions.

I wanna win as much as you do and they do, Joseph.

But I'm not gonna buy votes with somebody else's freedom.

No, Will, you don't wanna win not quite as much as I do.

I don't wanna talk about freedom.

I wanna pass some of that freedom around.

And if we don't compromise here, it's not gonna happen.

Now this opinion, that you are walking away from,

is the last chance these women have, actually have,

to get some freedom in this case.

And they're not even the only ones who's freedom

is on the line here.

In fact, they're not even first on my list,

because they have some ability to look after themselves.

But you're talking about the unborn.

I'm talking about the children, Will!

The unloved, the unwanted children,

because that's where I live in all of this!

Now I may not have 30 years in the Supreme Court,

and I may be wearing Harlan Greene's robe,

but that chair out there is my seat!

That's my seat!

And those children, they have nothing!

They have no freedom! They have no choice!

They have nothing!

Now, you can send 'em a copy of the Bill of Rights

for Christmas, if they have a Christmas.

But I'm gonna go into that conference room,

and I'm gonna tear arms and legs off of those bodies,

and I'm gonna sell whatever it is I own to sell,

and I'm gonna get those kids something!

Even if it's just a little bit more than what they've got.

Sorry. I'll see you inside.

The honorable Chief Justice

and Associate Justices

of the Supreme Court of the United States.

Oyez, oyez, oyez.

All persons having business before the honorable,

the Supreme Court of the United States,

are admonished to draw near and give their attention,

for the court is now sitting.

God save the United States and this honorable court.

People are in the street as we meet

because honest emotion has gotten the better of them.

I will not have that in this room.

The decision of this court, in the appeal of Virginia Mapes

against the State of Alabama,

will be announced by Mr. Justice Kirkland.

-Last warning! Last warning.

Or this court will adjourn, and we'll issue our decision

solely in written form.

I'm sorry, Joseph. You go ahead now.

Life.

Choice.

The words we use to set ourselves against one another.

I am a supporter of life and of choice,

and so are each and every one of you.

And may God grant that this republic

always stand for both.

How did we come to this?

When both sides are right.

Of course, a fetus is life and life is precious.

And in a land that cares so much for the survival of whales

and owls, and so many forms of life,

how could we turn our backs on the truth that,

that a human fetus is life,

which is becoming, as we are, day by day.

And how could anyone deny that a woman's right

to control her body and reproductive function

is the most basic and elemental liberty

that she could seek protection of.

Along with the truth that each side is right,

comes the truth that each side is wrong.

Because for the convenience of its arguments,

each side would deny the rights of the other.

One more truth and we are ready to begin.

These two rights conflict.

And we must balance them,

which means shortchanging each right somewhere

to permit the exercise of the other.

Now this is unfair to each side, because each right is precious

and deserves to flourish unrestricted.

But since they do conflict, there is no other way.

We are human.

We are imperfect.

We ask your understanding of the spirit that has motivated

what you will hear today.

We begin where any balancing of rights must, drawing a line.

How many weeks must pass before a State is allowed

to prohibit the termination of pregnancy?

-Twenty weeks.

Now there is no airtight logic for such a decision,

but there are reasons.

We have divided the nine months of pregnancy in half,

and there is some symbolic significance to this.

A reflection of our desire to be even handed.

But the two halves are quite different.

We take judicial notice of the fact,

that approximately 99 percent of all abortions

take place in the first half.

And hold that this is ample time for women to make their choice.

In the second half, the fetus does most of its growing,

from a few inches to full size.

And it acquires the faculties of cognition and awareness,

which babies exhibit at birth.

In this second half,

we hold that the States may prohibit abortion,

except those necessary

to protect the life of the mother.

However, under no circumstances

may these women ever be considered criminals.

No circumstance. None.

Now, we know that this compromise is cold comfort

for those whose religious and ethical convictions hold

that fully valued human life begins at conception.

To you we can only say that this republic is founded

upon the right of each of us

to practice his or her own beliefs,

free from the imposition of the beliefs of others.

This does not mean now that this Court,

nor this nation, favors abortion casual or otherwise.

For in fact, we do not.

And accordingly, we hold that even during

the first 20 weeks of pregnancy,

while the woman retains her right of choice,

that several States may require the following,

if they so choose.

"First, information and counseling

for the mother if reasonably related

to the making of an informed choice.

This may include written and photographic materials,

even if distressing to the sensibilities

of the mother.

Mandatory counseling with individual

or group counselors prior to electing abortions,

with a waiting period of up to 72 hours.

Moreover, the State may require a written declaration,

by the mother, that this choice is made knowingly and freely."

The choice should be free, but not easy.

Because easy can mean heedless.

It used to be easier in this country

to get an abortion than to get a driver's license,

and this desensitizes all of us to the gravity of this choice.

All of us including the mother.

Which brings us...

to the most important part of this decision.

Because there is one party in interest

claimed by both sides in this dispute,

and truly first with no one.

Until now.

Pro-life, pro-choice, but where is the movement

that declares itself pro-child?

One-half million children in this country

are in institutional and foster care,

because our present adoption system

can only place approximately 30,000 each year,

so every year the unwanted, the unadopted,

the unloved grows!

Imagine what criminalizing abortion would do

to those numbers.

One child to every five in this country

is living in poverty.

Imagine the numbers for those unwanted.

Now, we have States eager to regulate

and restrict abortion and to eliminate funding

of abortions for the destitute.

And this results in bringing into this world

innocent children in whom all too often,

such States immediately lose all interest.

We find today that they cannot.

Each State must accept responsibility

to so protect these children.

It must, and believe me from this day forward, it will!

We are placing the suffering of unwanted children

-on the agenda of this court today!

Right up front where it belongs. Get out your pencils.

"For the reasons given above, we find the Alabama statute,

in which Virginia Mapes conviction is based,

to have deprived her of liberty without due process of law

under the Fourteenth Amendment.

And said conviction is hereby reversed."

"In strict conformity--

In strict conformity with the guidelines given above,

Alabama shall have the right, so described,

to regulate abortion, but only as a part

of a comprehensive plan of child care,

necessary to provide the children of said state

with the rights guaranteed to them

under the equal protection and due process clauses

of the Fourteenth Amendment of the Constitution

of the United States.

The State's right to protect the life of a fetus

must be matched by a responsibility

to protect the child that that fetus becomes."

Caring for children does cost money.

And throwing public money around is not itself an answer.

And cost control is high on our list of problems

to be creatively addressed.

Hard and controversial work lies ahead.

The States can respond to this decision

with resentment and resistance.

Or they can work with this court

to find practical and sensible solutions

for the protection and care of innocent children

who cannot help themselves.

I say to these states, test not our will in this.

But our good will.

Let's show the people that we can make something work.

And I am joined in this opinion

by Justices Morrisey, Banks, Brandwynne.

And Mister Justice William Dunn.

I know the difficulties of undertaking

such an ambitious decision

with a majority of only five votes.

Six votes.

Seven.

He's new. He doesn't know we don't do this.

Benjamin, do you have any surprises for me

or are you still dissenting at this date?

Yes, I am. Unpopular as it may be.

"Today with sincere and humane motivation,

this court flouts several principles of law.

More disturbing still is the seeming re-conception

of this court's function and role in the conduct

of our constitutional democracy.

We have today assumed a burden.

A burden to right wrongs created not by constitution

nor statutes, but by a society

that disregards the sanctity of life..."