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We're gonna go live now to John Woodward

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

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to bring us the latest, as the Supreme Court convenes

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for this historic emergency session.

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

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this nation by overturning Roe versus Wade.

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landmark 1973 decision,

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which permitted abortion on demand.

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The reversal allowed each of the fifty states

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to create its own laws concerning the legality

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of abortion. Today, thousands of protesters

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are in the streets across the country

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as this crisis comes to a head.

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Tomorrow morning, the Supreme Court will hear

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oral arguments in the case of Ginny Mapes versus Alabama,

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where for the first time, a woman has been convicted

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of First-Degree Murder for having an abortion.

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The justices have been called back

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from far flung vacations

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for this historic emergency session.

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It is a seemingly impossible battle

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for pro-choice advocates,

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since only three justices voted last year

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to defend abortion rights. And one of them,

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the ailing Harlan Greene, has now retired from the Court

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and will be replaced by newly appointed Supreme Court Justice,

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Joseph Kirkland.

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-Nice acoustics in this place. -Hmm.

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We're getting every note.

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Sorry.

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

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

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-You'll be fine.

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-So? -Help.

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First day jitters.

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Oh, it's just like any other job.

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They lucked out, getting you.

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You'll know when.

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-Thanks. -Yeah.

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

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That's-- I got it, thanks.

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

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Right. Joseph Kirkland.

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It is such an honor to meet you. Really.

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

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I'm a beginner myself.

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

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I've never seen before, rented cars.

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Half of our stuff is not even here yet.

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So, tell me about the others.

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-Anymore clerks? -There are no others.

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

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How much later?

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

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-I'm glad you're not scared.

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

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That's you.

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I thought it was right there...

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-Hi. -Hello, Joseph,

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

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

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And this is Benjamin Ripley. Say hello to Rip.

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-Hello, Benjamin. -Hello, Joseph.

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

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Dan Morrisey.

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

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-Welcome, Joseph. -Thank you very much.

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

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We're all so happy to welcome you.

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

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

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Oh, hello, Henry.

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Joseph.

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Now, now, I think you should apologize

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to this man for screwing up his holiday.

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

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

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-You play poker, Joseph? -Yes.

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

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and we even let Henry sit in sometimes,

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seeing as the ACLU makes us.

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-Thanks.

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Hello, Joseph.

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I'm Will Dunn.

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

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

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

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

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of us fascists that Will can tolerate.

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Don't listen to The Cork, young man.

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Only The Cork does that.

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-Of course, he's tickled.

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

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Well, you know, I never voted against Harlan,

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and Clore could never vote with him,

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

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-A giant, giant man. -Yeah.

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

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He still does.

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That's the seat he left vacant,

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

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

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why don't we just save Joseph the trouble,

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

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

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Careful, Chief, you may give Joseph

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-the right impression.

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

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-Will? -Oh, yes.

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

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So, I called Harlan at the hospital.

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

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-Come on, kid. -Gimmie your jacket.

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Thank you.

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Try a man's robe on for size.

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

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Thank you.

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

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Harlan says that "this buys him the vote."

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Any vote, except this one.

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

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Keep your pores open.

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-Joseph? -Oh, sorry.

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I pledged this fraternity for five years.

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

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She means the door is closed.

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-Oh, sorry.

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I'll get it down.

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

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Right.

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-Good luck. -Thanks.

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I'm right to your left.

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Stage left. No political obligations.

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The Honorable, the Chief Justice,

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and the Associate Justices of the Supreme Court

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of the United States.

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Oyez, oyez, oyez.

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All persons having business before the honorable,

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the Supreme Court of the United States,

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are admonished to draw near and give their attention

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

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and this honorable Court.

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An extraordinary day.

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This Court convenes in special session

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only under the rarest of circumstances,

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and we have deemed a case urgent enough to bypass

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the normal appeals process, and be taken on immediately

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by the nation's highest court.

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In the case here before us, two critical issues

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are the right of individual choice,

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and the protection of human life.

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We ask each of our fellow citizens

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to consider both of these principles.

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Should you take to the streets to show your support

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of either side, violence

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will not be tolerated.

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This morning, oral argument in the appeal

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of Miss Mapes against the State of Alabama.

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

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Before we begin, I would like to make

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a special request for absolute quiet

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in the courtroom audience. Members of this court

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wish that those involved are able to state their case,

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their arguments, with maximum clarity

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to our maximum comprehension.

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Conference buzzer.

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So subtle I hardly noticed.

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

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

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

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

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

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

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so you don't matter either way.

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

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which is...

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Irrelevant, so I'm told.

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We welcome Joseph to his first conference.

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-Thank you. -Tell me, Joseph,

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

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Hmm, disappointing.

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

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For the record, I couldn't agree more.

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You, uh, you know how conference goes?

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

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short and sweet. We speak in order.

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Hardest arteries first.

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A tentative vote, very tentative.

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Start getting a sense of where the majority lies,

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only this time...

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the majority's not enough, Will.

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Nine in a line.

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

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Oh.

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Why don't you tell our young friend here why

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a simple win isn't good enough for you?

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

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I got six votes to overturn Roe v. Wade.

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

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of uniformed guidelines to implement the decision.

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Three of us, on one opinion.

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But Sara and the court wanting lenient sentencing.

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And Ripley issues his own unwavering opinion

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

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No more than three on any one opinion.

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Including the dissent. Now three out of nine

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

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you try to convince yourself that it is.

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

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

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Fifty States, hundreds of laws all over the place.

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Women running from one state to another,

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trying to find the set-up they like.

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New statutes every week, and nobody knows which ones

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are constitutional.

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

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We let 'em down. Now what we need

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is a strong majority on a unified opinion.

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We have to let them know that our nine minds here

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are of one mind when it comes to the topic

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

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

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retire from the court.

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What we have here is an Alabama law

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that says, "Abortion is murder one."

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That could mean that women, their doctors,

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anyone who is an accessory before or after the fact

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

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Why is it mad, Will, to punish murder?

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Alabama's constitution now states that life begins

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at conception. It follows if you kill a fetus

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you're murdering a human. And since abortion

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is premeditated, the murder is First Degree.

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One day after birth, one day before,

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six months after birth, or six months before,

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it is still murder.

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

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

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Makes them listen to our constitution.

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Well, our constitution makes no provision

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which magically guarantees women the right to take the life

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that they created. So said this court

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ten months ago when we overturned Roe v. Wade.

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Until this court says otherwise.

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But the Fourteenth Amendment expressly forbids

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taking human life without due process of law.

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This little ‘Bama statute violates more provisions

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

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It's vague. It's arbitrary.

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It makes no exception for abortions because of rape,

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incest, deformed fetus,

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or even to save the life of the mother.

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Abortion is dead, Will.

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

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Now, we have to affirm Mapes' conviction.

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

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

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you and Henry can't count higher than two.

259
00:15:40,528 --> 00:15:42,030
You got no way to win.

260
00:15:44,324 --> 00:15:47,243
-Did I miss a vote here? -No, damn it, just the point.

261
00:15:47,327 --> 00:15:49,079
What is the point, Bobby?

262
00:15:49,621 --> 00:15:51,706
Are you trying to cut a deal right here in conference?

263
00:15:51,790 --> 00:15:54,292
Could you hear Ollie Holmes right now just whirling around

264
00:15:54,375 --> 00:15:56,711
-in his grave? -Vote with us...

265
00:15:57,545 --> 00:16:00,256
and we'll draft a clear ruling that requires

266
00:16:00,340 --> 00:16:01,591
reasonable sentencing.

267
00:16:02,050 --> 00:16:05,512
No witch hunts. No unreasonable prison term.

268
00:16:05,678 --> 00:16:08,181
What's a reasonable prison term, Bobby?

269
00:16:08,306 --> 00:16:09,390
For a frightened woman

270
00:16:09,474 --> 00:16:10,850
who doesn't want to bear a child?

271
00:16:11,184 --> 00:16:13,394
As long as it takes to execute the law,

272
00:16:13,603 --> 00:16:14,854
with mercy and compassion.

273
00:16:14,938 --> 00:16:16,523
It's a law to protect unborn babies,

274
00:16:16,606 --> 00:16:19,400
and a ten-dollar fine isn't gonna cut it, Will.

275
00:16:19,609 --> 00:16:22,362
Come on, Rip, what's gonna cut it?

276
00:16:22,612 --> 00:16:23,988
One year? Two?

277
00:16:24,197 --> 00:16:26,449
A sliding scale the older the fetus. What?

278
00:16:26,533 --> 00:16:29,327
Sit with The Cork, Willie. Hammer it out with him.

279
00:16:29,410 --> 00:16:31,788
I'll go with his recommendation, I promise.

280
00:16:32,122 --> 00:16:35,500
Be part of the process. That's no deal.

281
00:16:35,583 --> 00:16:38,503
That's right, Bobby. It's no deal.

282
00:16:40,088 --> 00:16:42,298
-I would vote to affirm. -Reverse.

283
00:16:42,382 --> 00:16:43,883
Clore?

284
00:16:46,886 --> 00:16:49,514
Clore passes. We'll come back. Dan?

285
00:16:49,722 --> 00:16:54,018
I think I would vote to affirm to convict.

286
00:16:54,727 --> 00:16:56,688
I appreciate the pain of these women,

287
00:16:56,771 --> 00:16:59,941
but life is sacred.

288
00:17:00,567 --> 00:17:03,778
And you can't bargain with it. I'm sorry, Willie.

289
00:17:05,280 --> 00:17:06,573
I'm sorry. That's all.

290
00:17:07,365 --> 00:17:09,659
I would vote to affirm in council leniency,

291
00:17:09,742 --> 00:17:11,286
but there is some right to privacy implied

292
00:17:11,369 --> 00:17:13,788
in the Fourteenth Amendment. And I think there is,

293
00:17:13,872 --> 00:17:16,499
it does not constitutionally guarantee a woman

294
00:17:16,583 --> 00:17:17,959
the right to abortion on demand.

295
00:17:18,042 --> 00:17:21,504
Alabama may choose, as it has, to defend the right of the fetus

296
00:17:21,588 --> 00:17:23,381
if due process is observed.

297
00:17:24,340 --> 00:17:27,802
I just-- I can't see felony here, Rip.

298
00:17:28,261 --> 00:17:30,555
It's too open ended. These women are desperate,

299
00:17:30,638 --> 00:17:34,350
and innocent at heart. I think we suggest misdemeanor.

300
00:17:34,642 --> 00:17:38,104
A fine, short jail, 30, 60 days, community service.

301
00:17:38,188 --> 00:17:41,524
-Well, how about a spanking? -Only if it's reciprocal.

302
00:17:41,774 --> 00:17:44,068
The judge should get something out of this.

303
00:17:46,029 --> 00:17:49,699
Henry, what'll it take? I need eight votes, Hank.

304
00:17:49,949 --> 00:17:51,868
Why don't we write the opinion together?

305
00:17:52,076 --> 00:17:54,078
You, me, The Cork.

306
00:17:54,537 --> 00:17:57,290
Send in a-- a balanced draft.

307
00:17:57,498 --> 00:18:00,543
Not this time, Chief. The lady is innocent

308
00:18:00,627 --> 00:18:03,838
of any crime and I don't intend to sell her out.

309
00:18:04,505 --> 00:18:05,840
Reverse.

310
00:18:06,633 --> 00:18:09,093
Rip? Repent and reverse.

311
00:18:11,429 --> 00:18:12,972
God, the suspense.

312
00:18:15,308 --> 00:18:18,436
Affirm, of course. But I can't go along

313
00:18:18,519 --> 00:18:19,687
with The Cork's opinion.

314
00:18:19,896 --> 00:18:21,314
I'll have to concur separately.

315
00:18:21,397 --> 00:18:24,984
Sleep on it, Rip. I need one set of rules.

316
00:18:25,068 --> 00:18:26,569
I believe the fetus to be a person

317
00:18:26,653 --> 00:18:28,863
under the Fourteenth Amendment, which means it's life

318
00:18:28,947 --> 00:18:32,033
is constitutionally guaranteed, and no law permitting abortion

319
00:18:32,116 --> 00:18:33,493
could ever be valid.

320
00:18:34,160 --> 00:18:35,995
Dan Morrisey and I are talking.

321
00:18:37,330 --> 00:18:38,373
He may join me.

322
00:18:38,623 --> 00:18:41,793
I don't think The Cork's misdemeanor approach

323
00:18:41,876 --> 00:18:44,545
-will get the job done. -There was an abortion

324
00:18:44,629 --> 00:18:48,800
performed every 20 seconds in this country.

325
00:18:49,842 --> 00:18:52,679
That's a lot of minds to change, Bobby.

326
00:18:54,889 --> 00:18:58,935
Clore, if, uh, if we let you write the opinion,

327
00:18:59,394 --> 00:19:01,437
would you do that and bring us all together?

328
00:19:01,521 --> 00:19:02,939
I haven't voted yet.

329
00:19:05,483 --> 00:19:06,943
Reverse.

330
00:19:07,944 --> 00:19:09,821
He's easy on abortion, Bobby.

331
00:19:10,488 --> 00:19:11,906
He's not with you on the statute.

332
00:19:11,990 --> 00:19:14,534
Alabama wants to make a state law that says, "abortion

333
00:19:14,617 --> 00:19:16,619
is murder one," you're gonna have to write a law

334
00:19:16,703 --> 00:19:18,204
that's a little fairer than this one.

335
00:19:18,288 --> 00:19:23,459
It's a bad statute, I admit, but three votes to reverse

336
00:19:23,668 --> 00:19:25,253
sends a dangerous message.

337
00:19:28,089 --> 00:19:29,299
Sara?

338
00:19:30,633 --> 00:19:34,554
How 'bout we try it together? Write it down the middle?

339
00:19:35,179 --> 00:19:36,389
I'm not eligible.

340
00:19:36,973 --> 00:19:41,269
I'm not in the majority. I would vote to reverse.

341
00:19:44,689 --> 00:19:45,982
I had an abortion...

342
00:19:48,318 --> 00:19:49,694
sixteen years ago...

343
00:19:51,029 --> 00:19:53,990
with the knowledge and consent of my husband.

344
00:19:55,742 --> 00:19:58,286
Abortion is wrong. Mine was wrong.

345
00:19:59,829 --> 00:20:02,540
But I can't put these women in prison.

346
00:20:03,541 --> 00:20:04,751
That's wrong, too.

347
00:20:04,834 --> 00:20:07,378
You voted against abortion on demand--

348
00:20:07,462 --> 00:20:10,214
This is the first time the mother is a criminal.

349
00:20:10,673 --> 00:20:13,134
I always knew I'd get off here.

350
00:20:15,428 --> 00:20:17,597
You just never quite asked.

351
00:20:20,058 --> 00:20:22,477
Well Joseph, you still here?

352
00:20:24,729 --> 00:20:26,147
Jump right in.

353
00:20:28,900 --> 00:20:31,194
All of a sudden, it's four-four.

354
00:20:33,696 --> 00:20:35,198
Keep your pores open.

355
00:20:37,033 --> 00:20:39,952
Joseph, how would you vote?

356
00:20:44,665 --> 00:20:45,833
I don't know yet.

357
00:20:46,542 --> 00:20:50,338
It's a tentative vote. How are you leaning?

358
00:20:55,885 --> 00:21:00,223
I asked you a damn question. How are you leaning?

359
00:21:01,516 --> 00:21:02,934
Towards doing what's right.

360
00:21:03,559 --> 00:21:05,561
When I figure that out, I'll let you know.

361
00:21:22,328 --> 00:21:23,621
Here 40 years,

362
00:21:23,704 --> 00:21:25,498
you'll never see another conference like that.

363
00:21:25,581 --> 00:21:28,334
Conferences are scholarly, respectful.

364
00:21:28,418 --> 00:21:32,839
Any horse trading goes on happens later, quietly.

365
00:21:34,549 --> 00:21:35,466
It's Friday.

366
00:21:35,925 --> 00:21:38,761
This weekend there's gonna be a half-million demonstrators

367
00:21:38,845 --> 00:21:41,097
all over this town, and a few million more

368
00:21:41,180 --> 00:21:43,141
in a hundred other cities, so thi--

369
00:21:43,641 --> 00:21:45,643
this is no time to choke up.

370
00:21:47,228 --> 00:21:48,980
We can't wait till Monday.

371
00:21:50,481 --> 00:21:52,650
-Hmm. -Still want nine votes?

372
00:21:52,900 --> 00:21:54,235
Sure.

373
00:21:56,446 --> 00:21:57,989
Let's start with yours.

374
00:22:04,620 --> 00:22:07,457
You know there's a song. Uh, maybe it's a poem.

375
00:22:08,249 --> 00:22:11,419
-"Joseph, We Hardly Knew Ya." -What was there to know?

376
00:22:11,502 --> 00:22:13,171
I've never been a judge at any level.

377
00:22:13,463 --> 00:22:15,798
Brandeis wasn't a judge. He did all right.

378
00:22:15,882 --> 00:22:19,385
I mean, what created expectations about my vote?

379
00:22:19,677 --> 00:22:21,929
Moderate republican.

380
00:22:22,680 --> 00:22:24,974
Made a good living litigating for corporations.

381
00:22:25,057 --> 00:22:28,060
-That makes me pro-life? -You defended Arthur Jacklin.

382
00:22:28,144 --> 00:22:31,022
He was my client, not my guru. I mentioned that

383
00:22:31,105 --> 00:22:33,566
about a hundred times during my confirmation hearings.

384
00:22:33,816 --> 00:22:35,985
Arthur is pro-life but he's committed to non-violence,

385
00:22:36,068 --> 00:22:38,112
and I admire that. Now he gets busted,

386
00:22:38,196 --> 00:22:40,031
and the liberals, they sit on their hands

387
00:22:40,114 --> 00:22:43,075
-because he's not pro-choice. -So. you just jumped in,

388
00:22:43,534 --> 00:22:46,037
dropped all your insurance companies, hospitals--

389
00:22:46,120 --> 00:22:48,122
He is the Martin Luther King of his movement.

390
00:22:48,206 --> 00:22:49,790
I thought that was worth a defense.

391
00:22:49,874 --> 00:22:52,543
You defended a man, not a cause.

392
00:22:52,960 --> 00:22:55,379
And you told the Senate, in no uncertain terms,

393
00:22:55,630 --> 00:22:58,049
that you had no prejudgment on abortion.

394
00:22:58,132 --> 00:23:03,638
So, why should I have any expectations about your vote?

395
00:23:03,721 --> 00:23:04,805
Why, indeed.

396
00:23:05,014 --> 00:23:07,642
Of course, the media says that the Jacklin case

397
00:23:07,725 --> 00:23:09,477
was the only thing got you nominated.

398
00:23:10,102 --> 00:23:13,105
Says the media. They're pretty dumb.

399
00:23:13,898 --> 00:23:17,360
Just a trail lawyer, albeit a rich one.

400
00:23:17,985 --> 00:23:19,278
No judicial experience,

401
00:23:19,362 --> 00:23:22,073
catapulted to the High Court because the President needed

402
00:23:22,156 --> 00:23:24,075
a clean, charismatic,

403
00:23:24,158 --> 00:23:27,745
and reliable vote against abortion.

404
00:23:27,954 --> 00:23:29,038
Which the media says,

405
00:23:29,121 --> 00:23:31,207
"is the President's top priority."

406
00:23:31,290 --> 00:23:33,501
But as we know the media is...

407
00:23:35,002 --> 00:23:36,337
pretty dumb.

408
00:23:37,547 --> 00:23:39,382
-What did you tell him? -Who?

409
00:23:40,007 --> 00:23:42,593
You couldn't mean the President, could you?

410
00:23:43,302 --> 00:23:45,346
Because for the President to take a meeting with me,

411
00:23:45,429 --> 00:23:47,932
and pretend it was perfunctory, and social and then try

412
00:23:48,015 --> 00:23:49,809
to ascertain my views on abortion

413
00:23:49,892 --> 00:23:51,185
before nominating me?

414
00:23:51,269 --> 00:23:52,812
Oh, that would have been incredibly improper of him,

415
00:23:52,895 --> 00:23:55,022
as if he were trying to stack the court.

416
00:23:55,231 --> 00:23:57,483
Lucky that meeting never happened.

417
00:23:57,567 --> 00:23:59,443
-Hmm. -And if it had...

418
00:24:00,319 --> 00:24:02,989
he never would have asked directly.

419
00:24:03,072 --> 00:24:05,616
Oh, he doesn't ask much directly, does he?

420
00:24:07,326 --> 00:24:09,203
But he would have told me his assumptions and his views,

421
00:24:09,287 --> 00:24:11,163
and watched to see if I contradicted him.

422
00:24:11,247 --> 00:24:12,790
-What would you have done? -Oh, I would have been

423
00:24:12,873 --> 00:24:14,584
so bone deep shocked, that I would have kept

424
00:24:14,667 --> 00:24:18,462
my damn mouth shut and let the son of a bitch

425
00:24:18,546 --> 00:24:22,091
-assume whatever he wanted. -And why would you do that?

426
00:24:22,466 --> 00:24:23,926
Because I would have realized it's the only way

427
00:24:24,010 --> 00:24:25,886
of getting an open mind on this court.

428
00:24:26,387 --> 00:24:27,888
And I might have thought that this republic

429
00:24:27,972 --> 00:24:30,808
was entitled to it. Now, if you really wanna know

430
00:24:30,891 --> 00:24:32,184
what happened in that meeting,

431
00:24:32,560 --> 00:24:34,312
let's get the New York Times up here

432
00:24:34,395 --> 00:24:36,022
and we'll all talk about it together,

433
00:24:36,105 --> 00:24:37,940
because I certainly have nothing to hide.

434
00:24:38,024 --> 00:24:40,985
And when you call over to Pennsylvania Avenue tonight,

435
00:24:41,277 --> 00:24:43,696
you tell whoever answers the phone to say a prayer

436
00:24:43,779 --> 00:24:45,656
for Arthur Jacklin, because he's the second

437
00:24:45,740 --> 00:24:48,701
best reason I haven't voted with Will Dunn, yet.

438
00:24:48,868 --> 00:24:50,578
What's the first?

439
00:24:52,496 --> 00:24:53,748
You don't know her.

440
00:25:02,757 --> 00:25:05,468
Here, this statistic stuff is a bitch.

441
00:25:06,093 --> 00:25:08,387
And this is from the Library of Congress.

442
00:25:08,763 --> 00:25:09,972
-Just put it here. -Okay.

443
00:25:10,056 --> 00:25:12,850
And then this one is from upstairs.

444
00:25:14,977 --> 00:25:16,896
Oh, and some old friend of your wife's called.

445
00:25:16,979 --> 00:25:19,732
Her name is Marley. Then Mrs. Kirkland phoned,

446
00:25:19,815 --> 00:25:22,485
-so I just gave her the number. -Marley Terrell?

447
00:25:22,568 --> 00:25:23,611
Yeah.

448
00:25:26,656 --> 00:25:28,115
Can you give me a minute, please?

449
00:25:28,407 --> 00:25:30,201
-And hold my calls. -Yeah.

450
00:25:43,297 --> 00:25:46,676
Hi. How are you? Very good, thanks.

451
00:25:47,301 --> 00:25:49,887
Oh, well, I don't know.

452
00:25:51,097 --> 00:25:53,641
It's gonna probably be, uh, kind of late.

453
00:25:55,142 --> 00:25:58,646
Uh, fascinating day, fascinating. How's your day?

454
00:26:01,816 --> 00:26:03,317
Yeah, well, you know, my clerk said

455
00:26:03,401 --> 00:26:05,319
that "Marley Terrell called."

456
00:26:05,945 --> 00:26:08,656
Did you, uh, did you ring her back?

457
00:26:11,701 --> 00:26:13,661
Right. What's up?

458
00:26:17,248 --> 00:26:19,917
No, it's not. We've been through this already.

459
00:26:24,380 --> 00:26:26,382
Well, she's my daughter too, and I think, you know,

460
00:26:26,465 --> 00:26:28,676
you need my vote before you do anything.

461
00:26:32,847 --> 00:26:34,849
Linda, honey, listen to me.

462
00:26:35,349 --> 00:26:36,726
You're not-- you're not listening

463
00:26:36,809 --> 00:26:39,687
to what I'm saying, okay? What I'm saying is no.

464
00:26:41,397 --> 00:26:43,691
All right? No, is what I'm...

465
00:26:51,240 --> 00:26:52,616
Me, too.

466
00:26:55,411 --> 00:26:56,704
I'll try.

467
00:27:00,458 --> 00:27:05,671
Imagine, 1.5 million women going to prison each year

468
00:27:05,755 --> 00:27:07,840
alongside 1.5 million doctors.

469
00:27:07,923 --> 00:27:11,427
Well, the insanity of such a final solution

470
00:27:11,510 --> 00:27:13,429
is truly worthy of the Third Reich.

471
00:27:13,721 --> 00:27:18,017
And, you know, both Hitler and Stalin outlawed abortion.

472
00:27:18,601 --> 00:27:20,186
Also jaywalking.

473
00:27:20,978 --> 00:27:23,314
Virginia, if your conviction is--

474
00:27:23,814 --> 00:27:26,233
-You think she's wrong? -She bothers me.

475
00:27:31,947 --> 00:27:34,200
You can ask why, Callie. You can ask anything.

476
00:27:34,283 --> 00:27:36,744
What? She's slick, packaged, what?

477
00:27:36,952 --> 00:27:38,204
She's a test case.

478
00:27:38,746 --> 00:27:40,831
She's a lawyer who had her abortion in Alabama,

479
00:27:40,998 --> 00:27:43,250
because she was handpicked by pro-choice

480
00:27:43,334 --> 00:27:45,211
to challenge this law.

481
00:27:46,921 --> 00:27:50,174
-Why? You think she's heroic? -More than that.

482
00:27:54,762 --> 00:27:55,930
Okay, she wins.

483
00:27:57,139 --> 00:28:00,017
-Hey, I like being influential.

484
00:28:09,860 --> 00:28:11,779
Nice of you to stop by.

485
00:28:13,280 --> 00:28:14,365
I didn't wanna wake you.

486
00:28:14,448 --> 00:28:16,617
God knows what might have happened.

487
00:28:17,409 --> 00:28:20,162
-Nice note. -Did I make you laugh?

488
00:28:20,329 --> 00:28:21,872
All day long, that's all I did.

489
00:28:22,832 --> 00:28:25,793
-Nice people you work with? -Yes.

490
00:28:27,336 --> 00:28:30,256
-Even the Chief? -No.

491
00:28:32,174 --> 00:28:34,844
'Cause I really disliked him.

492
00:28:35,803 --> 00:28:40,641
You met him at the swearing in, and he said ten words to you.

493
00:28:41,350 --> 00:28:43,686
And I disliked every one of them.

494
00:28:44,478 --> 00:28:46,105
And the horse they rode in on.

495
00:28:46,397 --> 00:28:48,482
I see you're not mad about this Marley thing.

496
00:28:48,858 --> 00:28:50,818
-Do I look mad? -You look something.

497
00:28:52,319 --> 00:28:54,530
Maybe it's not about the Marley thing.

498
00:28:54,613 --> 00:28:57,658
-Maybe it's about your day. -What?

499
00:28:59,076 --> 00:29:01,245
Apparently, you haven't seen the news

500
00:29:01,328 --> 00:29:02,913
since eight o'clock tonight?

501
00:29:03,247 --> 00:29:04,665
And I'm usually so conscientious.

502
00:29:04,748 --> 00:29:07,585
Well, it's nothing much.

503
00:29:07,960 --> 00:29:10,087
I just wouldn't give out the address of this place

504
00:29:10,170 --> 00:29:12,089
unless you want lots of company.

505
00:29:12,506 --> 00:29:16,051
-You can tell me now, I'm ready. -The vote is four to four.

506
00:29:16,760 --> 00:29:18,012
You are the swing.

507
00:29:20,222 --> 00:29:21,682
They said that on the news?

508
00:29:28,522 --> 00:29:31,775
Right.

509
00:29:43,537 --> 00:29:45,080
I want a name and I want it now.

510
00:29:45,164 --> 00:29:47,791
-Don't do this to me. -Who leaked this to the press?

511
00:29:47,875 --> 00:29:50,210
-I don't know. -I expect your loyalty.

512
00:29:50,377 --> 00:29:51,795
Don't you think half the clerks in this building

513
00:29:51,879 --> 00:29:53,881
knew who it was within 15 seconds?

514
00:29:55,174 --> 00:29:56,884
Don't put me in the middle.

515
00:30:00,346 --> 00:30:02,264
If no clerk comes forward to

516
00:30:02,348 --> 00:30:03,766
to accept responsibility,

517
00:30:04,141 --> 00:30:07,061
I intend to conduct the inquiry myself.

518
00:30:07,645 --> 00:30:09,104
Is everybody comfortable with that?

519
00:30:09,188 --> 00:30:10,940
-No. -Well, uh...

520
00:30:11,023 --> 00:30:13,859
...personally speaking, nobody questions my clerks but me,

521
00:30:13,943 --> 00:30:15,819
and I don't have any questions. And if I haven't been

522
00:30:15,903 --> 00:30:18,864
around here long enough to command that kind of slack,

523
00:30:19,239 --> 00:30:21,825
then, uh, well, maybe I've been around here too long.

524
00:30:22,117 --> 00:30:24,370
Ah! Anybody else?

525
00:30:24,578 --> 00:30:26,664
-I'm doing it like The Cork. -Yeah, me, too.

526
00:30:26,747 --> 00:30:29,249
-Here, here. -Count me in.

527
00:30:29,416 --> 00:30:32,378
Joseph, you've been here five minutes.

528
00:30:32,878 --> 00:30:34,254
And I'm laying it all on the line.

529
00:30:38,968 --> 00:30:40,302
What's wrong, Will?

530
00:30:40,386 --> 00:30:41,679
I'm just wondering about the cheery mood

531
00:30:41,762 --> 00:30:43,013
you're in, Bobby.

532
00:30:43,764 --> 00:30:46,558
Well, whenever I get to prove the press wrong,

533
00:30:46,642 --> 00:30:48,852
I get all fuzzy inside.

534
00:30:49,395 --> 00:30:52,564
You see, they think we're deadlocked.

535
00:30:56,151 --> 00:30:59,947
I have Clore's vote, Will. And unless anyone jumps ship,

536
00:31:00,447 --> 00:31:01,991
I'm taking the opinion,

537
00:31:02,491 --> 00:31:04,326
affirming the conviction in this case,

538
00:31:04,410 --> 00:31:06,370
but attacking the Alabama law

539
00:31:06,453 --> 00:31:08,414
for lack of reasonable exceptions,

540
00:31:08,497 --> 00:31:09,790
and sentencing limitations.

541
00:31:09,873 --> 00:31:13,002
It's going to have the effect of making them rewrite

542
00:31:13,085 --> 00:31:17,006
the statute, and that's-- that's what Clore wants.

543
00:31:18,257 --> 00:31:20,175
But too late for Ginny Mapes?

544
00:31:21,844 --> 00:31:23,804
She wants into the history books.

545
00:31:24,430 --> 00:31:26,765
-She's got it. -Tell me, uh, what kinda

546
00:31:26,849 --> 00:31:29,101
jail terms are you recommending for these women?

547
00:31:29,184 --> 00:31:31,645
Open ended. I have to keep it vague.

548
00:31:31,729 --> 00:31:33,564
If I don't, I'll lose Rip on one side,

549
00:31:33,647 --> 00:31:35,941
-or The Cork on the other. -What became of your distaste

550
00:31:36,025 --> 00:31:38,569
-for chaos? -I've lowered my horizons.

551
00:31:39,069 --> 00:31:42,364
Right now, I'm happy to be able to count up to five.

552
00:31:44,700 --> 00:31:45,993
Or is it six?

553
00:31:46,952 --> 00:31:48,662
Joseph, the more I know about your position,

554
00:31:48,746 --> 00:31:51,999
the better chance I have to accommodate it.

555
00:31:55,252 --> 00:31:56,420
It's Saturday.

556
00:31:57,379 --> 00:31:59,006
Judgment day, tomorrow.

557
00:32:02,426 --> 00:32:06,722
A woman who chooses not to bear a child is a criminal.

558
00:32:08,932 --> 00:32:13,187
Only nine people alive can stop that now.

559
00:32:13,771 --> 00:32:15,522
Pray to God they're listening.

560
00:32:19,568 --> 00:32:24,114
And who are we, we women who chose termination

561
00:32:24,198 --> 00:32:27,076
of pregnancy? Well, 20 percent of us

562
00:32:27,159 --> 00:32:28,994
-are teenagers. -A lot of poor people, too.

563
00:32:29,078 --> 00:32:32,498
Fifty-three percent under the age of 25.

564
00:32:32,581 --> 00:32:35,417
-Sixty percent are white.

565
00:32:35,918 --> 00:32:38,045
Thirty percent are in school.

566
00:32:38,420 --> 00:32:40,714
Seventy percent of us are employed.

567
00:32:40,881 --> 00:32:45,928
One-third of us have incomes below the poverty line.

568
00:32:47,096 --> 00:32:48,347
That's a lot.

569
00:32:49,014 --> 00:32:54,144
We are women, many of us who cannot afford food, shelter,

570
00:32:54,520 --> 00:32:57,773
clothing for ourselves, or for our existing,

571
00:32:57,856 --> 00:33:01,527
dependent children of whom we are their sole support.

572
00:33:02,194 --> 00:33:07,282
Now, that is not a sob story. That is real.

573
00:33:07,658 --> 00:33:11,870
But we are not all poor. Some of us are simply lonely,

574
00:33:12,204 --> 00:33:14,748
afraid, and unready to be mothers.

575
00:33:14,832 --> 00:33:18,627
But 70 percent of us plan on having children

576
00:33:18,710 --> 00:33:21,964
when we're older, more financially secure,

577
00:33:22,047 --> 00:33:23,715
when no longer alone.

578
00:33:24,341 --> 00:33:27,678
We made our decision responsibly...

579
00:33:28,720 --> 00:33:31,807
or fearfully or selfishly.

580
00:33:32,683 --> 00:33:35,144
Or all of the above and more.

581
00:33:36,228 --> 00:33:38,397
We are human.

582
00:33:57,374 --> 00:34:00,127
My, my, Sara Marie.

583
00:34:01,712 --> 00:34:05,174
I guess I haven't wandered down here for a visit since...

584
00:34:05,257 --> 00:34:07,551
Since the last time you needed something.

585
00:34:07,968 --> 00:34:09,970
-Have a candy. -No.

586
00:34:14,766 --> 00:34:17,394
I came for your vote, Sara Marie.

587
00:34:18,395 --> 00:34:21,690
-Ah, why the smile? -It's the way you said it.

588
00:34:22,065 --> 00:34:25,194
It was exactly like the devil saying you've come for my soul.

589
00:34:25,694 --> 00:34:28,488
Well, if I were Lucifer I could count up to nine.

590
00:34:29,156 --> 00:34:31,992
As it is, you're only gonna take me to six.

591
00:34:32,242 --> 00:34:34,161
I'm writing my dissent, Bobby.

592
00:34:34,661 --> 00:34:36,413
Only until I walked in.

593
00:34:37,456 --> 00:34:38,874
There's no way you can turn me down.

594
00:34:39,166 --> 00:34:41,960
The key is, I have enough votes to win already,

595
00:34:42,044 --> 00:34:44,838
so the conviction is gonna be affirmed with you

596
00:34:44,922 --> 00:34:46,089
or without you.

597
00:34:46,590 --> 00:34:50,469
I have five votes, no matter what.

598
00:34:50,886 --> 00:34:53,055
And if I can't count on you,

599
00:34:53,597 --> 00:34:55,641
I'm going to have to please Ripley.

600
00:34:56,683 --> 00:34:59,686
And that means maximum possible sentences.

601
00:35:01,605 --> 00:35:06,735
But, if you join me, I'll cut Ripley loose.

602
00:35:06,944 --> 00:35:10,489
Let him concur separately, and you will be personally

603
00:35:10,572 --> 00:35:13,533
responsible for keeping the sentences of these women

604
00:35:13,617 --> 00:35:16,703
at minimum or... or token levels.

605
00:35:16,787 --> 00:35:20,791
In fact, you can draft that section of my opinion.

606
00:35:21,792 --> 00:35:23,502
You're the woman, Sara Marie.

607
00:35:24,628 --> 00:35:27,381
We need you to say "abortion is wrong."

608
00:35:27,756 --> 00:35:29,633
And that's what you believe.

609
00:35:30,634 --> 00:35:33,387
We need you to stand for compassionate sentencing.

610
00:35:33,470 --> 00:35:35,973
How can any prison term be compassionate?

611
00:35:36,056 --> 00:35:39,685
Prison there will be, Sara, so say five votes.

612
00:35:40,185 --> 00:35:42,312
The only question is long prison terms

613
00:35:42,396 --> 00:35:45,983
or next to nothing. That choice is yours.

614
00:35:46,400 --> 00:35:49,111
It really is a deal with the devil, isn't it, Bobby?

615
00:35:50,237 --> 00:35:52,239
You've dealt with him before, Sara.

616
00:35:53,865 --> 00:35:55,325
Now we have tomorrow to lock in.

617
00:35:56,827 --> 00:35:58,912
Monday, we have to present it at 10:00 in the morning,

618
00:35:58,996 --> 00:36:01,999
so if you would start drafting your section, I'll be grateful.

619
00:36:02,082 --> 00:36:04,042
And if you'd talk to Mr. Joseph Kirkland,

620
00:36:04,126 --> 00:36:05,419
I'd be even more so.

621
00:36:07,004 --> 00:36:07,879
What?

622
00:36:08,088 --> 00:36:11,091
Properly viewed, this is the new center position,

623
00:36:11,174 --> 00:36:14,261
and I think that's where Mr. Kirkland longs to be.

624
00:36:16,179 --> 00:36:17,306
He likes you.

625
00:36:18,056 --> 00:36:21,351
Well, you can tell him that you and he will be moving me

626
00:36:21,435 --> 00:36:25,147
to the left of Ripley, which is true.

627
00:36:26,732 --> 00:36:28,358
Then, we can count up to seven.

628
00:36:32,279 --> 00:36:35,157
You're gonna be saving a lot of women

629
00:36:35,741 --> 00:36:37,576
a lot of years in prison, Sara.

630
00:36:39,786 --> 00:36:43,081
Because you're in the right place at the right time.

631
00:36:44,166 --> 00:36:46,293
Now, that's how history gets made.

632
00:36:57,554 --> 00:36:59,848
-Hello. -Oh, sorry.

633
00:36:59,931 --> 00:37:01,558
There was-- there was just more room here.

634
00:37:01,725 --> 00:37:03,185
No, no, stay where you are.

635
00:37:03,810 --> 00:37:07,397
You look great back there. What can I get you?

636
00:37:07,522 --> 00:37:09,066
Rare steaks? Scotch and water?

637
00:37:09,691 --> 00:37:12,611
-Nine votes for Ginny Mapes? -I'll take five.

638
00:37:13,445 --> 00:37:16,865
Oh, uh, that Marley Terrell called again.

639
00:37:16,948 --> 00:37:18,825
She said she couldn't get ahold of your wife,

640
00:37:18,909 --> 00:37:21,703
so tell Mrs. Kirkland she's driving like crazy

641
00:37:21,787 --> 00:37:23,330
to get here by tomorrow.

642
00:37:24,539 --> 00:37:26,124
I'm gonna go home for a minute.

643
00:37:34,424 --> 00:37:35,509
Hi.

644
00:37:35,967 --> 00:37:37,844
I thought you were pulling an all-nighter.

645
00:37:38,095 --> 00:37:40,347
You had a phone message. I thought I'd bring it by.

646
00:37:40,889 --> 00:37:42,057
Marley Terrell called.

647
00:37:42,140 --> 00:37:45,602
She says she'll be here tomorrow. Tomorrow?

648
00:37:45,977 --> 00:37:48,021
-I decided it's time. -Really?

649
00:37:48,313 --> 00:37:52,109
Yes, I did. I heard your vote. Believe me.

650
00:37:52,192 --> 00:37:54,736
-Mommy gets a tiebreaker. -Well, it's--

651
00:37:54,820 --> 00:37:56,279
it's a little bit that.

652
00:37:57,280 --> 00:38:01,368
It's also about letting truth get the tiebreaker over a lie.

653
00:38:08,458 --> 00:38:11,420
-A lie? -Yes. A lie.

654
00:38:12,587 --> 00:38:15,132
A secret is the same as a lie. Do the math.

655
00:38:15,298 --> 00:38:17,551
My daughter is eight years old. You do the math.

656
00:38:17,843 --> 00:38:20,053
That's funny, so is mine. She's the only one I'm telling.

657
00:38:20,137 --> 00:38:22,556
You can keep yours locked up in a tower.

658
00:38:23,932 --> 00:38:27,227
You've won the argument for three years.

659
00:38:28,228 --> 00:38:30,188
You knew you couldn't win it forever.

660
00:38:30,689 --> 00:38:31,857
It's time, that's all.

661
00:38:31,940 --> 00:38:33,817
Well, you sure picked an interesting time.

662
00:38:34,526 --> 00:38:36,278
What is that supposed to mean?

663
00:38:37,696 --> 00:38:39,114
You think this is about the case?

664
00:38:39,197 --> 00:38:40,740
What are you gonna tell me, it's a coincidence?

665
00:38:40,824 --> 00:38:43,201
No, not completely. It is why Marley called.

666
00:38:43,285 --> 00:38:45,704
It is no factor in my deciding to let her come.

667
00:38:45,787 --> 00:38:46,913
What are you accusing me of?

668
00:38:47,330 --> 00:38:50,792
Don't pull your trial lawyer crap on me.

669
00:38:52,461 --> 00:38:54,254
I am on the verge of getting very angry.

670
00:38:54,463 --> 00:38:56,423
Well, that's good, then we can empathize.

671
00:38:58,758 --> 00:39:01,344
You know my commitment to life.

672
00:39:02,846 --> 00:39:05,015
And you know how I want you to vote.

673
00:39:06,141 --> 00:39:08,477
I don't have to trot out Marley Terrell

674
00:39:08,560 --> 00:39:11,438
-to remind you of our daughter. -Then, why did you?

675
00:39:13,064 --> 00:39:14,357
Why?

676
00:39:16,776 --> 00:39:18,653
You want to acquit that woman.

677
00:39:23,909 --> 00:39:26,661
You want to promote abortion in this country.

678
00:39:26,745 --> 00:39:29,080
You wanna have those babies on your conscience.

679
00:39:29,164 --> 00:39:30,749
Well, you go straight ahead.

680
00:39:31,666 --> 00:39:34,669
Just take it on back to work, and don't do it here!

681
00:39:35,670 --> 00:39:36,796
Thank you very much.

682
00:39:36,880 --> 00:39:39,090
I can feel the slack in the leash already.

683
00:39:41,801 --> 00:39:43,887
You know, it's a shame that there's not enough slack

684
00:39:44,137 --> 00:39:47,098
in that leash to protect our daughter from your truth.

685
00:39:51,228 --> 00:39:53,188
I am gonna forgive you for that because I know

686
00:39:53,271 --> 00:39:54,439
that you love me!

687
00:39:54,898 --> 00:39:56,483
And that you are under a lot of stress.

688
00:39:56,566 --> 00:39:59,277
Don't you take the moral high ground with me!

689
00:40:00,070 --> 00:40:01,696
You're turning this around so you're the victim.

690
00:40:01,780 --> 00:40:02,864
You are not the victim!

691
00:40:02,948 --> 00:40:04,783
You are accusing me of using Jenny

692
00:40:04,866 --> 00:40:06,201
to manipulate you.

693
00:40:06,952 --> 00:40:08,411
Just my vote.

694
00:40:08,954 --> 00:40:10,747
Me, you do very well on your own.

695
00:40:47,117 --> 00:40:48,702
Who's gonna tell Jenny?

696
00:40:50,161 --> 00:40:53,540
You can have first try. That's fair.

697
00:40:56,668 --> 00:40:58,003
Sorry.

698
00:41:20,317 --> 00:41:21,776
I gotta go meet Artie.

699
00:41:23,862 --> 00:41:25,614
Well, give him my love.

700
00:41:35,665 --> 00:41:36,875
Your pro-life poster boy,

701
00:41:36,958 --> 00:41:38,627
Mr. Jacklin is here.

702
00:41:39,044 --> 00:41:43,089
I showed him the notes, per your request.

703
00:41:50,096 --> 00:41:51,514
Hey, Artie.

704
00:41:54,809 --> 00:41:55,852
Good to see you.

705
00:41:55,935 --> 00:41:59,606
All right! Hey, let me ask you something,

706
00:41:59,689 --> 00:42:02,067
what the hell are you doing in a judge's office?

707
00:42:02,442 --> 00:42:05,320
I have no idea. What are you doing out of jail?

708
00:42:05,528 --> 00:42:07,447
Well, I'm due back.

709
00:42:07,697 --> 00:42:09,074
You look good. Linda sends her love.

710
00:42:09,157 --> 00:42:11,201
-Oh, man. -Everything well?

711
00:42:11,284 --> 00:42:14,037
-Yeah. -You read my notes?

712
00:42:14,120 --> 00:42:15,413
I did.

713
00:42:16,122 --> 00:42:18,750
Let me ask you, what is all this crap?

714
00:42:20,919 --> 00:42:22,128
'Cause I'm looking at this,

715
00:42:22,212 --> 00:42:26,758
and I can't tell which way you're landing.

716
00:42:27,300 --> 00:42:30,428
I mean, all this side bar stuff, counseling, waiting period,

717
00:42:30,512 --> 00:42:33,264
notification, the adoption numbers.

718
00:42:33,473 --> 00:42:34,808
Well, you know, the side bar stuff

719
00:42:34,891 --> 00:42:36,559
is where compromise happens.

720
00:42:37,602 --> 00:42:38,937
They do that around here.

721
00:42:39,354 --> 00:42:41,898
Yeah. But I know you a little.

722
00:42:45,944 --> 00:42:47,362
I thought you'd go for the throat.

723
00:42:47,529 --> 00:42:49,531
So, why don't we start at the throat?

724
00:42:51,282 --> 00:42:54,661
Go ahead, tell me. Take your best shot.

725
00:42:55,078 --> 00:42:56,329
What do I need to hear?

726
00:42:56,663 --> 00:42:58,832
Tell me like if it's the first time.

727
00:42:59,541 --> 00:43:00,875
Because now it is.

728
00:43:02,085 --> 00:43:06,381
A human life. Her name is Jenny.

729
00:43:07,048 --> 00:43:09,050
Low blow.

730
00:43:11,177 --> 00:43:13,179
She's got a heartbeat by 21 days,

731
00:43:13,638 --> 00:43:16,891
and by six weeks she's pumping her own manufactured blood

732
00:43:16,975 --> 00:43:20,145
through her own closed cardiovascular system.

733
00:43:20,687 --> 00:43:24,190
Jenny's brain waves are readable at 43 days.

734
00:43:24,524 --> 00:43:28,486
She's an individual. A unique genetic being.

735
00:43:28,570 --> 00:43:31,698
You tell me which side should bear the burden of proof

736
00:43:31,781 --> 00:43:34,075
if someone wants to take that life?

737
00:43:34,367 --> 00:43:37,829
No, forget about taking, because this is violent killing.

738
00:43:38,204 --> 00:43:40,331
Jenny is attacked with steel weapons,

739
00:43:40,415 --> 00:43:43,752
torn from the uterus, dismembered in the process,

740
00:43:44,210 --> 00:43:45,754
because we couldn't leave any little pieces

741
00:43:45,837 --> 00:43:48,715
of Jenny behind to infect the loving mother.

742
00:43:49,299 --> 00:43:50,550
Or maybe the amniotic fluid

743
00:43:50,633 --> 00:43:53,678
is replaced by a saline solution and she suffocates

744
00:43:53,762 --> 00:43:55,388
and burns in two hours.

745
00:43:55,472 --> 00:43:57,515
But when does she feel pain, Artie?

746
00:43:58,391 --> 00:44:00,977
When is she cognitively aware of that pain?

747
00:44:01,060 --> 00:44:02,353
Seven months? Eight months?

748
00:44:02,437 --> 00:44:05,148
No, nobody knows that for sure. That's why they argue

749
00:44:05,231 --> 00:44:08,693
for killing them young. Because maybe it's okay

750
00:44:08,902 --> 00:44:13,323
if she's not aware or in pain. But we know that she's startled

751
00:44:13,406 --> 00:44:16,159
by loud noises and turns towards a soothing one.

752
00:44:16,326 --> 00:44:18,953
Responds to touch. Begins to cry.

753
00:44:19,162 --> 00:44:22,624
It doesn't matter what she doesn't feel or doesn't know.

754
00:44:23,458 --> 00:44:27,045
-She is no less alive. -I think you're wrong.

755
00:44:28,254 --> 00:44:32,759
I think knowing and feeling is a big part about being alive.

756
00:44:33,468 --> 00:44:35,428
You have two cells at conception.

757
00:44:36,095 --> 00:44:41,768
It's alive, but maybe, maybe it's human.

758
00:44:42,519 --> 00:44:46,064
But it's certainly less, less than at nine months.

759
00:44:46,606 --> 00:44:48,525
It doesn't start off as Jenny, Artie.

760
00:44:49,192 --> 00:44:52,445
It grows, it's a process. She becomes Jenny.

761
00:44:52,529 --> 00:44:54,656
If you can't see that, you can't reach me.

762
00:44:54,864 --> 00:44:57,617
You're drawing an artificial line,

763
00:44:58,451 --> 00:45:01,955
-picking a number, playing God. -Tell me why that's wrong.

764
00:45:02,038 --> 00:45:03,498
Who draws the line?

765
00:45:04,040 --> 00:45:05,458
The mother who wants to be rid of Jenny,

766
00:45:05,542 --> 00:45:07,377
pretend it's some kind of uterine tumor?

767
00:45:07,460 --> 00:45:10,171
-Who stands up for Jenny? -I do.

768
00:45:10,380 --> 00:45:12,423
And what about her potential, Joseph?

769
00:45:13,675 --> 00:45:15,802
You wanna kill her. You wanna punish her with death

770
00:45:15,885 --> 00:45:18,263
because her brain hasn't developed.

771
00:45:18,429 --> 00:45:20,890
But if you don't kill her, it will develop.

772
00:45:21,599 --> 00:45:23,434
But you kill her before it can.

773
00:45:23,518 --> 00:45:26,813
Now doesn't that strike you as a little unfair?

774
00:45:28,398 --> 00:45:31,818
What about letting nature take its course?

775
00:45:32,443 --> 00:45:35,697
Joe, will you think about that?

776
00:45:36,823 --> 00:45:40,243
-That's all I do think about.

777
00:45:41,619 --> 00:45:44,247
Hi, Sara. Please come in.

778
00:45:44,622 --> 00:45:46,457
I want you to meet Arthur Jacklin.

779
00:45:47,417 --> 00:45:49,502
Really a pleasure to meet you, Your Honor.

780
00:45:49,752 --> 00:45:51,754
I'm surprised to see you here.

781
00:45:55,341 --> 00:45:57,385
-Walk with me? -What?

782
00:45:57,468 --> 00:46:01,806
I think you're exposing yourself to an extreme influence

783
00:46:01,890 --> 00:46:03,516
on the night of the deliberation.

784
00:46:03,892 --> 00:46:06,269
-You're wrong, he's not. -Oh, yes, he is.

785
00:46:06,352 --> 00:46:08,605
He's-- he's Virginia Mapes. He's passionate.

786
00:46:08,688 --> 00:46:10,315
He's committed. And in this context,

787
00:46:10,398 --> 00:46:13,359
on this night, that makes him extreme, yes.

788
00:46:13,443 --> 00:46:15,862
-I'm refuting his arguments. -Every one?

789
00:46:16,195 --> 00:46:17,906
Except the ones he's right on.

790
00:46:19,198 --> 00:46:21,659
-Why don't you talk to him? -No.

791
00:46:22,368 --> 00:46:24,329
Why? Are you afraid he might change your vote?

792
00:46:24,412 --> 00:46:28,791
No, he doesn't have to, the chief already has.

793
00:46:30,919 --> 00:46:33,338
He has his five to affirm.

794
00:46:34,130 --> 00:46:35,423
He says if I join--

795
00:46:35,506 --> 00:46:38,343
He'll throw you a bone on the sentencing.

796
00:46:40,178 --> 00:46:43,181
Sorry. Am I growing up too fast?

797
00:46:47,393 --> 00:46:48,895
He bought you cheap, Sara.

798
00:46:49,771 --> 00:46:51,397
He wants five on the same opinion,

799
00:46:51,481 --> 00:46:53,316
because Ripley's going by himself.

800
00:46:54,025 --> 00:46:58,321
So, that means the Chief, Clore, Cork, Morrisey and your vote,

801
00:46:58,404 --> 00:47:00,990
he needs you for a token sentencing.

802
00:47:01,407 --> 00:47:03,326
Otherwise, there's gonna be a war between Ripley,

803
00:47:03,409 --> 00:47:05,370
-and the bleeding hearts. -Maybe not.

804
00:47:05,662 --> 00:47:07,580
And that's why I wanna talk to you.

805
00:47:08,915 --> 00:47:11,125
If the Chief leans my way on sentencing,

806
00:47:11,209 --> 00:47:13,419
there is a chance he could lose Dan Morrisey's vote,

807
00:47:13,503 --> 00:47:14,837
and he'll do anything to avoid that,

808
00:47:14,921 --> 00:47:17,840
including selling me out in a New York minute.

809
00:47:18,383 --> 00:47:20,510
Dan's a legend. He's like Will. He--

810
00:47:20,593 --> 00:47:22,971
he personifies humanity and compassion.

811
00:47:23,054 --> 00:47:25,264
And if he's on the opinion, then it's validated,

812
00:47:25,348 --> 00:47:27,934
and it's legitimized. But you see, if I have you--

813
00:47:28,393 --> 00:47:32,230
If I have your vote and you and I are two.

814
00:47:32,313 --> 00:47:35,441
-And two pygmies trump a legend. -Pygmies?

815
00:47:35,525 --> 00:47:38,027
I wouldn't put it like that, but yes.

816
00:47:40,363 --> 00:47:42,949
-Think of the stakes, Joseph. -Hmm.

817
00:47:44,367 --> 00:47:46,953
Ripley would make these women murderers.

818
00:47:47,286 --> 00:47:48,663
And if he's given half the chance,

819
00:47:48,746 --> 00:47:50,248
the Chief will go that way, too.

820
00:47:50,331 --> 00:47:52,625
Please don't give them that chance.

821
00:48:05,888 --> 00:48:08,016
-It is so late.

822
00:48:08,808 --> 00:48:10,977
Well, will you sleep on it?

823
00:48:13,813 --> 00:48:15,857
Tomorrow we'll do the right thing.

824
00:48:42,884 --> 00:48:45,636
-Hi. -hi.

825
00:48:46,804 --> 00:48:47,972
What are you doing?

826
00:48:48,264 --> 00:48:51,017
Watching you sleep. It's very entertaining.

827
00:48:51,434 --> 00:48:52,727
Funny I should ask.

828
00:48:56,022 --> 00:49:00,026
Funny you should ask. Come here.

829
00:49:03,446 --> 00:49:05,031
How'd everything go last night?

830
00:49:06,157 --> 00:49:07,617
-Okay? -Mm-hmm.

831
00:49:08,534 --> 00:49:11,537
-How 'bout Mommy? -She cried.

832
00:49:13,122 --> 00:49:17,043
She say about what? No?

833
00:49:18,377 --> 00:49:19,545
It was my fault.

834
00:49:20,630 --> 00:49:23,049
-We had a big fight. -About what?

835
00:49:25,426 --> 00:49:29,055
We got into a fight about babies. Sort of.

836
00:49:31,057 --> 00:49:33,810
I know you know that how, you know, some people they--

837
00:49:34,268 --> 00:49:37,146
they can't make babies with their bodies. Right?

838
00:49:37,605 --> 00:49:39,816
-Like Aunt Lucille? -Right. Like Aunt Lucille.

839
00:49:39,899 --> 00:49:41,651
Although she's still trying, right?

840
00:49:42,235 --> 00:49:45,029
And we hope and pray that one day she can, right?

841
00:49:45,655 --> 00:49:47,698
But some people, you know, they just can't.

842
00:49:48,282 --> 00:49:49,325
Right?

843
00:49:55,748 --> 00:49:57,458
And then there's some other couples

844
00:49:57,542 --> 00:49:59,085
who have lots of babies.

845
00:49:59,544 --> 00:50:00,711
And even though they have

846
00:50:00,795 --> 00:50:02,171
lots of them, each one of those--

847
00:50:02,255 --> 00:50:04,090
-Are we having a baby? -Oh.

848
00:50:07,385 --> 00:50:10,096
No, we're not having a baby.

849
00:50:11,597 --> 00:50:12,932
Where was I?

850
00:50:13,558 --> 00:50:17,019
Okay. These-- these couples that they get to...

851
00:50:17,562 --> 00:50:18,771
you know that they can't have babies,

852
00:50:18,855 --> 00:50:20,189
but they want them so badly,

853
00:50:20,273 --> 00:50:25,278
and they really need a baby, but they can't have them.

854
00:50:25,361 --> 00:50:27,905
They get a special gift.

855
00:50:29,365 --> 00:50:30,616
They get to adopt a baby.

856
00:50:30,867 --> 00:50:33,786
And that baby to them, because she's adopted,

857
00:50:33,870 --> 00:50:35,705
becomes the most precious...

858
00:50:38,374 --> 00:50:41,169
baby of all. The most precious.

859
00:50:44,797 --> 00:50:46,132
Is that me?

860
00:50:47,091 --> 00:50:49,093
That's you. The most precious of all.

861
00:50:49,510 --> 00:50:51,429
You always knew how much you meant to us,

862
00:50:51,804 --> 00:50:53,222
and now you know why.

863
00:50:58,728 --> 00:51:00,229
How come you never told me?

864
00:51:00,521 --> 00:51:02,732
I was afraid that I wouldn't say it right.

865
00:51:03,191 --> 00:51:08,154
And that, uh, you would think I love you one inch less,

866
00:51:08,654 --> 00:51:12,325
-and I couldn't stand that. -Well, when were you gonna?

867
00:51:12,408 --> 00:51:13,868
When you were bigger.

868
00:51:14,243 --> 00:51:17,163
And Mommy was right, I see you're big already.

869
00:51:17,955 --> 00:51:19,123
You still love me?

870
00:51:19,540 --> 00:51:21,167
Of course, I still love you.

871
00:51:22,627 --> 00:51:24,170
And I love you with all my heart.

872
00:51:25,213 --> 00:51:26,422
You're my special.

873
00:51:33,971 --> 00:51:36,974
-Where's my real daddy? -I'm your real daddy.

874
00:51:38,476 --> 00:51:41,145
I mean, the other one.

875
00:51:41,562 --> 00:51:43,898
Your other daddy is, uh...

876
00:51:44,690 --> 00:51:46,859
Well, nobody knows for sure who he is.

877
00:51:47,193 --> 00:51:49,070
Not even the mother who gave birth to you.

878
00:51:49,320 --> 00:51:50,780
You know her?

879
00:51:50,988 --> 00:51:52,156
I-- I know who she is.

880
00:51:52,240 --> 00:51:53,783
And I know she's driving up to meet you.

881
00:51:53,866 --> 00:51:55,243
And you can meet her if you want.

882
00:51:55,326 --> 00:51:57,203
And if you don't want to, we-- we won't let her.

883
00:51:58,371 --> 00:51:59,622
Is she nice?

884
00:51:59,914 --> 00:52:06,087
Well, yes, she's nice. And you won't be alone with her.

885
00:52:06,587 --> 00:52:07,672
Mommy and I will be--

886
00:52:07,755 --> 00:52:09,215
She can't get me back or anything?

887
00:52:09,382 --> 00:52:15,471
Nobody can give you back. Nobody takes you away from me.

888
00:52:16,555 --> 00:52:18,724
You understand that? Never.

889
00:52:20,643 --> 00:52:22,019
-And you know what? -What?

890
00:52:22,103 --> 00:52:25,398
She has brown eyes, like someone I know.

891
00:52:25,940 --> 00:52:29,485
Is she real pretty? Is she, Mommy?

892
00:52:31,821 --> 00:52:33,531
You know what they call when there's three people

893
00:52:33,614 --> 00:52:35,616
in the room and they all love each other?

894
00:52:37,576 --> 00:52:39,120
-You know? -What?

895
00:52:39,203 --> 00:52:40,288
A family.

896
00:52:44,583 --> 00:52:46,085
I love you, munchkin.

897
00:52:51,549 --> 00:52:53,676
Eighty-seven injured, twelve seriously.

898
00:52:54,051 --> 00:52:55,761
Adding to the eruptions of disorder

899
00:52:55,845 --> 00:52:57,596
in Macon, Seattle, Fort Worth.

900
00:52:57,680 --> 00:53:00,558
It's been a busy night all across the country.

901
00:53:00,808 --> 00:53:03,686
With less than 24 hours to go, yesterday's rumors

902
00:53:03,936 --> 00:53:06,314
of a conservative consensus have evaporated,

903
00:53:06,397 --> 00:53:08,733
leaving even the most experienced court watchers

904
00:53:08,816 --> 00:53:11,110
in sharp disagreement over which way

905
00:53:11,193 --> 00:53:13,237
this court is going to turn.

906
00:53:13,696 --> 00:53:15,906
How did he say it, Willie?

907
00:53:16,699 --> 00:53:21,162
Harlan said, "It's time to go, Willie.

908
00:53:21,704 --> 00:53:24,290
So, let's not start crying about it."

909
00:53:25,708 --> 00:53:29,086
And I cried. And he watched.

910
00:53:30,504 --> 00:53:32,173
And you know what he said?

911
00:53:32,882 --> 00:53:35,509
-He said, "You look ridiculous."

912
00:53:38,804 --> 00:53:41,057
-I'm sorry. Am I interrupting? -No.

913
00:53:41,766 --> 00:53:45,144
We're just lobbying our pigheaded colleague here.

914
00:53:45,895 --> 00:53:47,313
Help us, why don't you?

915
00:53:51,692 --> 00:53:56,572
Mister Justice Morrisey, sir, whatever they say, just do it.

916
00:53:57,448 --> 00:53:58,866
Intriguing technique.

917
00:53:58,949 --> 00:54:00,826
I believe in finesse, me and the Chief.

918
00:54:01,160 --> 00:54:03,996
Have you ever wondered why we're not lobbying you?

919
00:54:04,747 --> 00:54:06,791
You haven't stopped since I met you.

920
00:54:07,625 --> 00:54:09,502
-So, you noticed. -Hmm.

921
00:54:14,799 --> 00:54:17,134
I am interrupting. I'll come back.

922
00:54:18,803 --> 00:54:20,805
As a matter of fact, you are.

923
00:54:21,764 --> 00:54:25,518
But if you'll help us change Dan's vote, we'll forgive you.

924
00:54:26,143 --> 00:54:28,813
Talk to me, son. Take a minute.

925
00:54:31,899 --> 00:54:37,279
-Let's see who's mind changes. -Okay.

926
00:54:38,114 --> 00:54:41,784
Well, sir, you are the most interesting vote in the pack.

927
00:54:41,992 --> 00:54:43,661
Oh, you interested in contradictions?

928
00:54:43,744 --> 00:54:46,747
Well, Willard Dunn here, he supports abortion,

929
00:54:46,831 --> 00:54:48,791
and he's against capital punishment.

930
00:54:48,874 --> 00:54:50,793
Under the theory, I suppose that

931
00:54:51,168 --> 00:54:53,671
only children are deserving of heaven.

932
00:54:53,921 --> 00:54:56,048
Are you a religious man, Joseph?

933
00:54:56,132 --> 00:54:59,427
-No, sir. -Dan, an honest answer.

934
00:55:00,344 --> 00:55:02,763
Didn't they tell you we get paid by the word?

935
00:55:02,930 --> 00:55:03,722
No.

936
00:55:04,098 --> 00:55:06,976
I think you better vote with Willie here.

937
00:55:07,268 --> 00:55:08,686
You know, if it weren't for my religion

938
00:55:08,769 --> 00:55:10,354
that's what I'd be voting.

939
00:55:10,604 --> 00:55:11,897
Why?

940
00:55:12,982 --> 00:55:14,650
I mean, if it's not a human being

941
00:55:14,733 --> 00:55:16,902
that tissue is still some form of life.

942
00:55:17,069 --> 00:55:18,237
Oh, well.

943
00:55:18,362 --> 00:55:20,698
And what is the competing right? The convenience of the woman?

944
00:55:20,781 --> 00:55:23,993
Bringing an unwanted child into the world is a little bit

945
00:55:24,076 --> 00:55:27,371
more than inconvenience, son, for all concerned.

946
00:55:27,997 --> 00:55:31,792
If it weren't for God's will.

947
00:55:33,127 --> 00:55:37,631
Do you know this pro-life bunches' arguments

948
00:55:37,840 --> 00:55:41,844
become a bit theoretical. You know, adoption not abortion.

949
00:55:42,011 --> 00:55:45,347
It's a fine theory until you look at the numbers.

950
00:55:45,431 --> 00:55:46,849
The reality of what happens.

951
00:55:46,932 --> 00:55:51,604
So few of those children ever end up fed and loved,

952
00:55:51,687 --> 00:55:52,855
and not alone in the world.

953
00:55:52,938 --> 00:55:55,816
It's not anything like the theories

954
00:55:55,900 --> 00:55:57,818
in Ben Ripley's mind.

955
00:55:58,027 --> 00:56:02,031
It's real suffering in terrible numbers.

956
00:56:02,406 --> 00:56:06,285
But God isn't a theory. He's not just in our minds.

957
00:56:06,535 --> 00:56:07,870
No, God is real.

958
00:56:12,750 --> 00:56:14,627
Does he want you to protect the weak?

959
00:56:15,669 --> 00:56:16,754
Why he surely does.

960
00:56:17,004 --> 00:56:20,466
Does he want you to stop the pain of mothers and babies,

961
00:56:20,549 --> 00:56:22,843
real suffering in terrible numbers?

962
00:56:22,927 --> 00:56:26,555
I think so, Joseph. However, if you read your Bible,

963
00:56:27,181 --> 00:56:30,893
you will discover that he wants some other things of us as well.

964
00:56:31,519 --> 00:56:32,561
Hmm.

965
00:56:35,022 --> 00:56:36,357
What are you thinking?

966
00:56:36,440 --> 00:56:38,859
I'm thinking how much the Bible sounds like our constitution.

967
00:56:39,109 --> 00:56:42,530
It can't cover every specific, so it gives us guidelines,

968
00:56:42,905 --> 00:56:45,115
that could justify a range of options.

969
00:56:45,199 --> 00:56:48,285
In one way, or another.

970
00:56:49,578 --> 00:56:50,955
If we choose to look.

971
00:56:51,580 --> 00:56:54,625
We cannot hide from our freedom to choose, no, sir.

972
00:56:54,708 --> 00:56:56,502
It's in our hands to do the right.

973
00:56:56,919 --> 00:56:58,963
And what is that, Joseph?

974
00:56:59,505 --> 00:57:01,715
Still chasing it, sir. Still chasing it.

975
00:57:03,759 --> 00:57:05,344
But looking at you and listening to you,

976
00:57:05,427 --> 00:57:08,722
I would say you should watch out because Will Dunn'll get you.

977
00:57:08,889 --> 00:57:11,517
Well, on this one, no.

978
00:57:12,268 --> 00:57:13,936
No, not even Harlan Greene

979
00:57:14,019 --> 00:57:15,604
could turn me around on this one.

980
00:57:15,688 --> 00:57:17,273
That's actually why I came down here.

981
00:57:17,356 --> 00:57:19,400
Mister Justice Greene, how is he?

982
00:57:19,733 --> 00:57:22,194
Oh, he's feisty, impossible.

983
00:57:23,362 --> 00:57:25,573
As a matter we were talking about him when you

984
00:57:25,656 --> 00:57:26,824
walked in.

985
00:57:26,907 --> 00:57:29,743
-You think he's up for a visit? -He'd like that, Joseph.

986
00:57:30,828 --> 00:57:31,745
He'd welcome it.

987
00:57:31,912 --> 00:57:33,914
I think he's waiting on you.

988
00:57:37,167 --> 00:57:38,377
Thanks for the chat.

989
00:57:53,767 --> 00:57:55,352
Mister Justice Greene?

990
00:57:56,145 --> 00:58:00,482
Oh, hello, Joseph. Pleased to meet you.

991
00:58:00,983 --> 00:58:03,027
Same here, sir. I'm truly honored.

992
00:58:03,110 --> 00:58:07,573
Sir.  I like that.

993
00:58:08,657 --> 00:58:11,368
Will you keep that up, calling me that?

994
00:58:11,452 --> 00:58:13,454
Yes, sir. I always will.

995
00:58:14,413 --> 00:58:16,290
Well, Henry Banks thinks

996
00:58:16,373 --> 00:58:18,667
you're good enough to vote with him.

997
00:58:19,585 --> 00:58:22,796
And Willie Dunn's not sure. That's the highest praise

998
00:58:22,880 --> 00:58:24,673
I've ever heard from either of them.

999
00:58:25,591 --> 00:58:27,760
So, perhaps you're half all right.

1000
00:58:27,843 --> 00:58:28,761
Thank you, sir.

1001
00:58:29,011 --> 00:58:30,596
Take to the Chief right off, did you?

1002
00:58:30,679 --> 00:58:35,684
-Yes, like, duck to water. -The robe fit you good?

1003
00:58:37,936 --> 00:58:39,438
I'm gonna try my damnedest.

1004
00:58:41,315 --> 00:58:44,652
Well said. Good of you to waste your Sunday.

1005
00:58:44,735 --> 00:58:46,612
Well, actually, I came for a favor.

1006
00:58:47,363 --> 00:58:49,990
Well, that's very flattering, Joseph.

1007
00:58:50,074 --> 00:58:52,951
I can't imagine what I could possibly do.

1008
00:58:53,160 --> 00:58:55,913
I need your expertise, some help.

1009
00:58:58,207 --> 00:58:59,833
Sorry for the handwriting.

1010
00:59:03,128 --> 00:59:05,798
It's just some early thoughts.

1011
00:59:08,175 --> 00:59:10,052
It's the clarity of the thinking...

1012
00:59:11,011 --> 00:59:13,430
that you might want to reconsider.

1013
00:59:17,393 --> 00:59:19,687
Now, this, uh, this foolishness over here.

1014
00:59:20,020 --> 00:59:22,773
Is this what you think counting to five requires?

1015
00:59:23,065 --> 00:59:24,233
Uh, worse than that, sir.

1016
00:59:24,316 --> 00:59:27,903
It's what I think fairness requires.

1017
00:59:30,114 --> 00:59:32,116
Whoa, now. Whoa, boy.

1018
00:59:32,324 --> 00:59:35,119
Continuing obligation of the states?

1019
00:59:35,202 --> 00:59:36,453
Yes, right.

1020
00:59:37,204 --> 00:59:40,624
It probably occurred to you that this might require

1021
00:59:41,041 --> 00:59:43,043
some oversight on the part of the court.

1022
00:59:43,293 --> 00:59:45,629
Well, no more than Brown versus the Board of Education

1023
00:59:45,713 --> 00:59:48,215
required to desegregate the schools.

1024
00:59:48,674 --> 00:59:50,300
Oh, no more than that, huh?

1025
00:59:51,009 --> 00:59:53,721
-Well, maybe a little bit more. -Now, be careful, son.

1026
00:59:54,638 --> 00:59:56,724
The Lord loveth a man of low ambition,

1027
00:59:56,807 --> 00:59:58,225
and the Chief even more so.

1028
00:59:58,308 --> 01:00:00,686
Well, maybe I'm looking for love someplace else.

1029
01:00:02,020 --> 01:00:07,109
The first thing to know is we all vote who we are.

1030
01:00:07,443 --> 01:00:08,360
Right.

1031
01:00:08,777 --> 01:00:12,740
And this will detail who you go to and who you don't.

1032
01:00:12,990 --> 01:00:15,075
And how you do both.

1033
01:00:15,242 --> 01:00:20,873
Because how you don't do something counts, too.

1034
01:00:22,666 --> 01:00:25,711
In fact, as in all of life...

1035
01:00:27,379 --> 01:00:29,965
everything counts.

1036
01:00:35,012 --> 01:00:36,221
I need five votes.

1037
01:00:36,889 --> 01:00:40,100
Well, you do have a lot of foolishness in here.

1038
01:00:41,101 --> 01:00:45,522
Yes, sir, but, uh, I believe in it, truly.

1039
01:00:50,903 --> 01:00:52,362
You get me to four...

1040
01:00:57,785 --> 01:00:59,328
I'll get you to five.

1041
01:01:02,748 --> 01:01:04,416
Right this way, Mister Chief Justice.

1042
01:01:04,500 --> 01:01:05,501
Thank you.

1043
01:01:05,584 --> 01:01:07,002
I know you're heading home for supper,

1044
01:01:07,085 --> 01:01:09,046
so I'll come right to the point.

1045
01:01:09,254 --> 01:01:12,299
Uh, the Cork says that "you showed him some notes."

1046
01:01:12,508 --> 01:01:14,301
Hmm, thoughts in progress.

1047
01:01:14,426 --> 01:01:16,386
Still thinking, still working on them.

1048
01:01:17,095 --> 01:01:19,181
-Why The Cork? -Thought I'd get his opinion.

1049
01:01:19,264 --> 01:01:21,600
You thought he'd bring it to me, huh?

1050
01:01:21,683 --> 01:01:22,768
Why?

1051
01:01:24,061 --> 01:01:25,395
Because I own his vote.

1052
01:01:26,188 --> 01:01:29,316
We have a long and a-- Symbiotic, is the word,

1053
01:01:29,399 --> 01:01:31,777
symbiotic relationship, The Cork and I.

1054
01:01:32,194 --> 01:01:35,697
Neither of us could be who he is without the other.

1055
01:01:36,365 --> 01:01:39,201
And on the big ones, which this one is, I--

1056
01:01:40,077 --> 01:01:41,286
I vote his vote.

1057
01:01:41,370 --> 01:01:43,831
-How could I have known that? -Yeah, how?

1058
01:01:44,498 --> 01:01:45,833
Tell me, Joseph,

1059
01:01:46,041 --> 01:01:47,960
what are your views on other matters?

1060
01:01:48,043 --> 01:01:49,044
"Other matters"?

1061
01:01:49,628 --> 01:01:52,965
Free speech, criminal rights, death penalty,

1062
01:01:53,048 --> 01:01:56,093
equal protection of the law. Where lies your heart of hearts?

1063
01:01:56,176 --> 01:01:58,595
Are we talking about trading votes?

1064
01:01:59,638 --> 01:02:02,808
You got one to trade, son, other than your own?

1065
01:02:04,726 --> 01:02:07,020
Now you just pull them back for a couple of seconds,

1066
01:02:07,104 --> 01:02:09,231
and listen to somebody who's older

1067
01:02:09,481 --> 01:02:10,816
and meaner than you are.

1068
01:02:10,899 --> 01:02:13,694
I'm talking about a relationship.

1069
01:02:14,570 --> 01:02:18,824
Wherein, your views are as important to me,

1070
01:02:19,533 --> 01:02:21,034
as mine are to you.

1071
01:02:21,827 --> 01:02:23,829
I can double deal with the worst.

1072
01:02:24,997 --> 01:02:26,164
And I rarely make a promise.

1073
01:02:26,248 --> 01:02:29,543
But when I do, I've never broken one.

1074
01:02:29,626 --> 01:02:32,754
-You can ask Harlan Greene. -Harlan Greene.

1075
01:02:33,171 --> 01:02:36,133
Oh, how could such a pitiful liar

1076
01:02:36,216 --> 01:02:38,051
ever make a living as a lawyer?

1077
01:02:38,427 --> 01:02:39,928
Well, good thing I landed on the bench

1078
01:02:40,012 --> 01:02:42,848
where honesty is at such a premium.

1079
01:02:43,640 --> 01:02:45,100
Now, what did Harlan say?

1080
01:02:45,434 --> 01:02:47,895
"You get me to four votes, son, and I'll get you to five."

1081
01:02:48,103 --> 01:02:53,984
Oh, so that means Clore, Rip, The Cork,

1082
01:02:54,276 --> 01:02:57,905
and, uh, who? Oh, me.

1083
01:02:59,281 --> 01:03:00,866
How many does that make?

1084
01:03:04,036 --> 01:03:04,912
Yeah.

1085
01:03:05,203 --> 01:03:09,082
So, I guess that means you have to get everybody else.

1086
01:03:10,876 --> 01:03:12,377
So, while you're home

1087
01:03:13,211 --> 01:03:14,588
having dinner with your charming family,

1088
01:03:14,671 --> 01:03:17,758
I would ponder my offer of a relationship,

1089
01:03:18,383 --> 01:03:19,676
because if it stops here,

1090
01:03:19,760 --> 01:03:23,472
I can forgive this level of disagreement in five seconds.

1091
01:03:24,222 --> 01:03:26,767
I can even respect a man for trying.

1092
01:03:27,935 --> 01:03:30,896
But if you go for five, if you really go...

1093
01:03:31,855 --> 01:03:35,901
win or lose, you-- you'll hurt my feelings.

1094
01:03:37,819 --> 01:03:39,196
Have a good supper.

1095
01:04:03,470 --> 01:04:05,806
Are you gonna tell me what this is all about?

1096
01:04:12,646 --> 01:04:13,939
Come on in.

1097
01:04:20,654 --> 01:04:21,989
I'll be out on the landing.

1098
01:04:23,365 --> 01:04:25,242
You can come out when you're ready.

1099
01:04:31,540 --> 01:04:34,209
I'm making some tea. Do you drink tea?

1100
01:04:35,752 --> 01:04:37,004
Yes, thank you.

1101
01:04:39,798 --> 01:04:43,176
If you punish that young woman, you'll regret it all your life.

1102
01:04:49,850 --> 01:04:51,393
Is this her idea?

1103
01:04:52,477 --> 01:04:55,230
And I'm 80 percent sure it's a bad one.

1104
01:04:55,731 --> 01:04:57,774
Neither you nor I have time for this.

1105
01:04:57,858 --> 01:04:59,359
We both have a night's work ahead.

1106
01:04:59,443 --> 01:05:01,820
If this can't help...

1107
01:05:02,988 --> 01:05:04,990
please dear God, don't let it hurt.

1108
01:05:05,782 --> 01:05:07,701
Well, that's a chance you take, isn't it?

1109
01:05:08,076 --> 01:05:10,996
When you get up in the morning, yeah.

1110
01:05:15,459 --> 01:05:18,420
I'm late for a rally at the Lincoln Memorial.

1111
01:05:19,004 --> 01:05:21,715
Is that enough irony for you?

1112
01:05:22,716 --> 01:05:24,593
What would Mister Lincoln say?

1113
01:05:24,926 --> 01:05:28,013
We must wonder, you and I, if he could see all this.

1114
01:05:32,601 --> 01:05:34,936
Your clerk told me what you think of me.

1115
01:05:36,480 --> 01:05:37,606
And you are mostly right.

1116
01:05:37,689 --> 01:05:40,358
I am the worst case for sympathy,

1117
01:05:40,442 --> 01:05:42,152
except perhaps for my color,

1118
01:05:42,235 --> 01:05:45,447
which only adds to the irony, I suppose.

1119
01:05:46,573 --> 01:05:49,201
I am educated. I am successful.

1120
01:05:49,493 --> 01:05:51,495
My abortion was truly discretionary.

1121
01:05:51,578 --> 01:05:53,038
I could have afforded the child.

1122
01:05:53,121 --> 01:05:54,873
I could have handled it emotionally.

1123
01:05:55,290 --> 01:05:57,834
It would not have even seriously interfered with my law practice.

1124
01:05:57,918 --> 01:06:00,962
But the father was barely a casual boyfriend,

1125
01:06:01,046 --> 01:06:02,631
and the conception was an accident.

1126
01:06:02,881 --> 01:06:06,426
And I choose to terminate the pregnancy in my fifth week.

1127
01:06:06,510 --> 01:06:07,969
Do you have any regrets?

1128
01:06:09,221 --> 01:06:11,056
I wish I could say I did.

1129
01:06:11,598 --> 01:06:13,558
It would make me more sympathetic, I know,

1130
01:06:13,642 --> 01:06:16,061
but I felt none.

1131
01:06:16,895 --> 01:06:18,563
Someday I will fall in love,

1132
01:06:18,647 --> 01:06:21,608
and we will have babies together.

1133
01:06:22,359 --> 01:06:25,779
See these and other things you could come to know about us,

1134
01:06:25,862 --> 01:06:27,322
if you spent the time.

1135
01:06:28,657 --> 01:06:32,244
But there is one thing you can never really know.

1136
01:06:35,288 --> 01:06:37,124
What this means to us.

1137
01:06:43,505 --> 01:06:45,006
Will you tell me one thing?

1138
01:06:46,800 --> 01:06:49,469
I'll trade you. One for one.

1139
01:06:52,305 --> 01:06:53,890
Are you afraid for yourself?

1140
01:06:54,683 --> 01:06:56,309
Oh, yes, very much.

1141
01:07:00,564 --> 01:07:01,815
Are you?

1142
01:07:08,363 --> 01:07:09,364
Yes.

1143
01:07:39,269 --> 01:07:40,645
They said you're not eating.

1144
01:07:41,521 --> 01:07:43,315
Oh, the food's terrible.

1145
01:07:45,400 --> 01:07:46,776
Well, I,

1146
01:07:47,694 --> 01:07:50,822
thought that maybe they'd forgotten...

1147
01:07:52,407 --> 01:07:56,870
where to find these.

1148
01:07:58,580 --> 01:08:00,540
Well, it's all no chocolate.

1149
01:08:00,624 --> 01:08:03,168
This-- this is the butterscotch here.

1150
01:08:06,796 --> 01:08:09,174
-Thanks, Danny. -You look pretty good to me.

1151
01:08:11,760 --> 01:08:16,181
-You want your seat back? -When the Chief steps down.

1152
01:08:17,349 --> 01:08:20,560
Will said you wanted to see me before the vote.

1153
01:08:20,644 --> 01:08:22,103
Of course, I came.

1154
01:08:22,812 --> 01:08:26,441
I didn't wanna miss a chance to win another argument.

1155
01:08:29,861 --> 01:08:32,781
Well, I'm a busy man, Harlan. Let's get to it.

1156
01:08:33,323 --> 01:08:37,827
-Why are you smiling, old man? -I wasn't smiling.

1157
01:08:39,829 --> 01:08:41,790
I-- I was just thinking...

1158
01:08:44,376 --> 01:08:46,044
just thinking of what we built.

1159
01:08:48,755 --> 01:08:51,967
You and me, and Willie Dunn.

1160
01:08:52,717 --> 01:08:56,680
I lie around here and wonder how did we do all that?

1161
01:08:57,222 --> 01:09:02,018
Oh, jeez, it just started with...

1162
01:09:03,687 --> 01:09:07,524
just this little notion, it was just a notion.

1163
01:09:08,775 --> 01:09:13,363
People should be a little more free.

1164
01:09:14,906 --> 01:09:16,825
Yeah.

1165
01:09:19,160 --> 01:09:20,745
And out of that...

1166
01:09:24,207 --> 01:09:26,710
we built this thing...

1167
01:09:28,503 --> 01:09:30,463
out of cases.

1168
01:09:31,381 --> 01:09:35,260
Yes. Battles.

1169
01:09:37,012 --> 01:09:41,933
Plenty of laughs. Plenty...

1170
01:09:45,645 --> 01:09:46,938
What we built...

1171
01:09:48,440 --> 01:09:51,276
I take it out at night...

1172
01:09:54,154 --> 01:09:55,864
and I look at it, Danny.

1173
01:09:56,531 --> 01:10:01,286
Look. It sings to me.

1174
01:10:05,582 --> 01:10:07,292
Is-- is that it?

1175
01:10:09,336 --> 01:10:11,296
Was that what I came to hear?

1176
01:10:33,985 --> 01:10:35,737
Remember how it ends?

1177
01:10:46,623 --> 01:10:47,707
Oh, Danny.

1178
01:10:54,672 --> 01:10:56,758
Well, you know the rest.

1179
01:10:58,385 --> 01:11:03,139
That's the lowest, shabbiest trick...

1180
01:11:04,682 --> 01:11:07,519
in all the 23 years we've been together.

1181
01:11:07,602 --> 01:11:09,354
Twenty-four.

1182
01:11:12,315 --> 01:11:15,360
You know Will Dunn isn't gonna vote for this.

1183
01:11:15,443 --> 01:11:16,361
You know that.

1184
01:11:24,661 --> 01:11:26,871
I'll come back to see you tomorrow night

1185
01:11:26,955 --> 01:11:28,998
when we can have a real visit.

1186
01:11:30,417 --> 01:11:33,294
And you enjoy these chocolates.

1187
01:11:33,920 --> 01:11:36,589
And if anyone tries to take them away,

1188
01:11:36,965 --> 01:11:39,426
you tell them that the highest court in the land

1189
01:11:39,509 --> 01:11:42,762
says you have a constitutional right...

1190
01:11:45,181 --> 01:11:48,393
to eat every la-- last one.

1191
01:12:16,337 --> 01:12:20,717
-Wait. -Hello.

1192
01:12:24,095 --> 01:12:26,431
You like that picture that I was drawing?

1193
01:12:26,514 --> 01:12:27,515
Mm-hmm.

1194
01:12:34,230 --> 01:12:36,441
I'm gonna be right back, all right?

1195
01:12:39,861 --> 01:12:41,571
Hey, Jenny, how did it come out?

1196
01:12:41,654 --> 01:12:42,697
Can I see?

1197
01:12:42,780 --> 01:12:45,909
Hi. It's nice to meet you.

1198
01:12:49,829 --> 01:12:51,164
I also drew this.

1199
01:12:51,247 --> 01:12:53,291
I have to find another sticker for it.

1200
01:12:58,463 --> 01:13:00,465
She surely is a beauty.

1201
01:13:01,633 --> 01:13:03,134
She has your eyes.

1202
01:13:04,302 --> 01:13:06,137
You don't sound mad.

1203
01:13:06,888 --> 01:13:10,475
Marley, look at me. Do I look mad?

1204
01:13:11,226 --> 01:13:12,519
You don't look happy.

1205
01:13:12,769 --> 01:13:15,480
My work is on my mind. It's not about you.

1206
01:13:15,772 --> 01:13:19,651
That's why I've come. It's about your case.

1207
01:13:19,901 --> 01:13:21,110
Do you think I come for money?

1208
01:13:21,194 --> 01:13:22,862
That would be okay, if you need some.

1209
01:13:22,946 --> 01:13:24,572
-Do you? -No, sir.

1210
01:13:28,785 --> 01:13:31,579
-She's super smart. -Hmm.

1211
01:13:31,663 --> 01:13:32,705
You can see her eyes,

1212
01:13:32,789 --> 01:13:33,998
they're real quick with everything.

1213
01:13:34,082 --> 01:13:35,792
She showed me her dolls.

1214
01:13:37,293 --> 01:13:39,879
I'm gonna send her some she doesn't have,

1215
01:13:40,213 --> 01:13:41,548
if I can find any.

1216
01:13:42,674 --> 01:13:44,092
I'm glad you met her.

1217
01:13:44,884 --> 01:13:46,553
That's not why I've come.

1218
01:13:47,762 --> 01:13:48,972
I know that.

1219
01:13:50,890 --> 01:13:52,767
Back then it was legal not to have them,

1220
01:13:52,850 --> 01:13:54,561
and I wasn't gonna have her.

1221
01:13:55,812 --> 01:13:59,023
-Did they tell you that part? -Yes.

1222
01:13:59,107 --> 01:14:00,942
Had there been room at this clinic,

1223
01:14:01,025 --> 01:14:03,903
or if I had enough money to go to a regular hospital,

1224
01:14:04,237 --> 01:14:05,280
it'd been too late.

1225
01:14:05,363 --> 01:14:07,949
-You understand? -Yes.

1226
01:14:08,032 --> 01:14:09,409
And you're not mad?

1227
01:14:09,492 --> 01:14:11,619
-Mad we were lucky? -No.

1228
01:14:12,078 --> 01:14:14,122
Mad 'cause if your lawyer don't call my doctor

1229
01:14:14,205 --> 01:14:16,541
when he does, I'd have let her go.

1230
01:14:17,542 --> 01:14:20,253
The only reason I didn't was for the money.

1231
01:14:21,004 --> 01:14:23,798
You blessed us with a baby.

1232
01:14:24,382 --> 01:14:26,134
And for that we will always be grateful.

1233
01:14:26,217 --> 01:14:29,554
-Do you understand that? -Don't change the law back.

1234
01:14:31,848 --> 01:14:33,433
Don't make it legal.

1235
01:14:34,809 --> 01:14:37,478
You go in that room and you look at her.

1236
01:14:38,646 --> 01:14:43,818
You really look at her. Don't you know she's perfect?

1237
01:14:48,906 --> 01:14:51,242
You think of every moment you ever had with her,

1238
01:14:51,534 --> 01:14:55,830
every birthday, little dance recitals.

1239
01:14:55,913 --> 01:14:57,206
Does she do those?

1240
01:14:59,876 --> 01:15:03,504
-They're so very sweet at those. -Hmm.

1241
01:15:06,341 --> 01:15:09,594
You think of every kiss goodnight you almost never had.

1242
01:15:09,677 --> 01:15:10,845
Can you do that?

1243
01:15:11,512 --> 01:15:14,265
And you think of every moment you're gonna have yet.

1244
01:15:14,766 --> 01:15:17,810
Her graduation, when she's worked so hard.

1245
01:15:18,394 --> 01:15:20,229
Her big happy wedding and--

1246
01:15:20,897 --> 01:15:23,608
and her first baby with those big eyes of her's.

1247
01:15:25,610 --> 01:15:28,404
Would you let anyone come and take that away?

1248
01:15:29,113 --> 01:15:32,283
Would you rip their heart out with your own hands?

1249
01:15:35,161 --> 01:15:38,665
And even if you weren't deserving...

1250
01:15:40,333 --> 01:15:43,252
if you weren't loving, which I know you are,

1251
01:15:43,336 --> 01:15:48,257
but if you were like me, you could scarcely be worse.

1252
01:15:49,050 --> 01:15:51,010
Don't say that, please.

1253
01:15:51,844 --> 01:15:55,431
Still, it'd be your duty from God to protect her...

1254
01:15:56,599 --> 01:15:59,644
because she owns her own self.

1255
01:16:00,103 --> 01:16:04,649
And her life isn't yours to give away.

1256
01:16:38,516 --> 01:16:40,017
These are the guys in your court.

1257
01:16:40,101 --> 01:16:41,477
-Can you tell? -Mm-hmm.

1258
01:16:41,686 --> 01:16:43,187
This is the lady with the long hair

1259
01:16:43,271 --> 01:16:45,398
-and the pretty dangly earrings. -That's right.

1260
01:16:45,606 --> 01:16:48,818
-Does she have long hair? -No, but she could.

1261
01:16:48,901 --> 01:16:51,112
-I would. -I know.

1262
01:16:51,195 --> 01:16:53,614
And this is you. Right here.

1263
01:16:53,990 --> 01:16:55,992
Oh, but I-- I have to sit at the end.

1264
01:16:56,075 --> 01:16:57,618
They don't let me sit in the middle.

1265
01:16:57,952 --> 01:17:00,955
-Who does? -The Chief.

1266
01:17:01,956 --> 01:17:04,208
And down here watching is Mommy,

1267
01:17:04,292 --> 01:17:06,878
and me with my yellow bow, and Marley.

1268
01:17:07,295 --> 01:17:10,423
She gets to come, even though she's not my real mother.

1269
01:17:11,132 --> 01:17:12,258
Your real mother is the one

1270
01:17:12,341 --> 01:17:14,010
who loves and cares for you, right?

1271
01:17:14,093 --> 01:17:15,386
Right.

1272
01:17:15,887 --> 01:17:16,888
This is for you.

1273
01:17:16,971 --> 01:17:19,098
Oh, thank you. I'll put it in my office.

1274
01:17:19,599 --> 01:17:21,517
You can sign it for me and everything.

1275
01:17:24,270 --> 01:17:27,565
-Was it weird meeting Marley? -She was scared.

1276
01:17:27,940 --> 01:17:29,609
She didn't know I knew about her.

1277
01:17:29,901 --> 01:17:31,527
She thinks all kids like the zoo,

1278
01:17:31,611 --> 01:17:33,738
so me and Mommy are taking her tomorrow.

1279
01:17:34,071 --> 01:17:36,407
-Good. -After the court.

1280
01:17:39,660 --> 01:17:41,037
You're coming to court?

1281
01:17:41,954 --> 01:17:43,748
Shh, it's a surprise.

1282
01:17:53,382 --> 01:17:54,759
Hello, Joseph.

1283
01:17:58,304 --> 01:18:00,139
We have conference in five minutes.

1284
01:18:00,598 --> 01:18:02,683
-Will you give me two? -Sure.

1285
01:18:04,310 --> 01:18:06,771
Henry Banks has asked me to join your opinion.

1286
01:18:09,065 --> 01:18:10,024
I can't do that.

1287
01:18:10,107 --> 01:18:11,484
Well, that's four seconds, Will.

1288
01:18:11,567 --> 01:18:13,361
You have plenty of time left over.

1289
01:18:14,153 --> 01:18:15,780
I think you're wrong, Joseph.

1290
01:18:16,781 --> 01:18:19,075
So, I've come to ask you if you'll reconsider.

1291
01:18:20,368 --> 01:18:22,787
Well, I have considered, and I've reconsidered.

1292
01:18:23,371 --> 01:18:24,831
It's about all I've been doing.

1293
01:18:25,456 --> 01:18:27,291
So, you vote your conscience and I'll vote mine

1294
01:18:27,375 --> 01:18:29,043
and we'll see how that adds up.

1295
01:18:29,544 --> 01:18:31,796
Well, it can't add up too much, you and I,

1296
01:18:32,380 --> 01:18:33,881
unless we're together.

1297
01:18:35,216 --> 01:18:37,009
So, I need to have you think it over.

1298
01:18:38,177 --> 01:18:40,596
Compromise is an important ingredient

1299
01:18:41,013 --> 01:18:42,473
in what we do here.

1300
01:18:43,057 --> 01:18:44,976
It has no place in the Bill of Rights.

1301
01:18:45,393 --> 01:18:48,855
None. Freedom is a very precious commodity.

1302
01:18:49,814 --> 01:18:51,607
It's more precious than life,

1303
01:18:52,358 --> 01:18:53,526
because it makes it worth living.

1304
01:18:53,860 --> 01:18:57,780
It's more precious than trying to win another individual case.

1305
01:18:58,406 --> 01:19:00,324
If freedom itself can be bargained,

1306
01:19:00,825 --> 01:19:04,912
than in time it surely can be bargained away in its entirety.

1307
01:19:06,330 --> 01:19:08,541
And what we sell that birthright for

1308
01:19:09,000 --> 01:19:10,835
will be ashes in our mouths.

1309
01:19:12,378 --> 01:19:16,090
Any restriction on how or when a woman chooses

1310
01:19:16,549 --> 01:19:17,800
is a restriction of her freedom.

1311
01:19:18,092 --> 01:19:19,343
You realize that these provisions

1312
01:19:19,427 --> 01:19:20,636
are the only slim chance I have

1313
01:19:20,720 --> 01:19:22,430
to get Dan and Sara on this opinion,

1314
01:19:22,513 --> 01:19:24,849
because they do care about reducing abortions.

1315
01:19:26,475 --> 01:19:29,020
I wanna win as much as you do and they do, Joseph.

1316
01:19:29,562 --> 01:19:31,856
But I'm not gonna buy votes with somebody else's freedom.

1317
01:19:31,939 --> 01:19:34,859
No, Will, you don't wanna win not quite as much as I do.

1318
01:19:37,361 --> 01:19:39,113
I don't wanna talk about freedom.

1319
01:19:40,448 --> 01:19:42,658
I wanna pass some of that freedom around.

1320
01:19:43,576 --> 01:19:46,037
And if we don't compromise here, it's not gonna happen.

1321
01:19:49,123 --> 01:19:51,083
Now this opinion, that you are walking away from,

1322
01:19:51,167 --> 01:19:53,461
is the last chance these women have, actually have,

1323
01:19:53,544 --> 01:19:55,212
to get some freedom in this case.

1324
01:19:55,796 --> 01:19:57,423
And they're not even the only ones who's freedom

1325
01:19:57,506 --> 01:19:58,841
is on the line here.

1326
01:19:59,550 --> 01:20:01,469
In fact, they're not even first on my list,

1327
01:20:01,552 --> 01:20:04,096
because they have some ability to look after themselves.

1328
01:20:04,180 --> 01:20:05,514
But you're talking about the unborn.

1329
01:20:05,598 --> 01:20:07,558
I'm talking about the children, Will!

1330
01:20:08,309 --> 01:20:10,144
The unloved, the unwanted children,

1331
01:20:10,227 --> 01:20:11,812
because that's where I live in all of this!

1332
01:20:12,021 --> 01:20:14,315
Now I may not have 30 years in the Supreme Court,

1333
01:20:14,398 --> 01:20:16,651
and I may be wearing Harlan Greene's robe,

1334
01:20:16,984 --> 01:20:18,819
but that chair out there is my seat!

1335
01:20:18,903 --> 01:20:19,904
That's my seat!

1336
01:20:19,987 --> 01:20:21,405
And those children, they have nothing!

1337
01:20:21,489 --> 01:20:24,200
They have no freedom! They have no choice!

1338
01:20:24,283 --> 01:20:25,493
They have nothing!

1339
01:20:25,576 --> 01:20:27,453
Now, you can send 'em a copy of the Bill of Rights

1340
01:20:27,536 --> 01:20:29,163
for Christmas, if they have a Christmas.

1341
01:20:29,330 --> 01:20:30,831
But I'm gonna go into that conference room,

1342
01:20:30,915 --> 01:20:33,542
and I'm gonna tear arms and legs off of those bodies,

1343
01:20:33,626 --> 01:20:36,003
and I'm gonna sell whatever it is I own to sell,

1344
01:20:36,087 --> 01:20:38,923
and I'm gonna get those kids something!

1345
01:20:39,882 --> 01:20:42,343
Even if it's just a little bit more than what they've got.

1346
01:20:48,849 --> 01:20:50,851
Sorry. I'll see you inside.

1347
01:21:45,197 --> 01:21:46,741
The honorable Chief Justice

1348
01:21:46,824 --> 01:21:48,284
and Associate Justices

1349
01:21:48,367 --> 01:21:50,619
of the Supreme Court of the United States.

1350
01:21:54,206 --> 01:21:56,125
Oyez, oyez, oyez.

1351
01:21:56,208 --> 01:21:58,711
All persons having business before the honorable,

1352
01:21:58,794 --> 01:22:00,421
the Supreme Court of the United States,

1353
01:22:00,588 --> 01:22:03,299
are admonished to draw near and give their attention,

1354
01:22:03,382 --> 01:22:05,176
for the court is now sitting.

1355
01:22:05,426 --> 01:22:09,221
God save the United States and this honorable court.

1356
01:22:26,906 --> 01:22:28,407
People are in the street as we meet

1357
01:22:28,491 --> 01:22:31,118
because honest emotion has gotten the better of them.

1358
01:22:31,702 --> 01:22:33,871
I will not have that in this room.

1359
01:22:34,497 --> 01:22:37,291
The decision of this court, in the appeal of Virginia Mapes

1360
01:22:37,374 --> 01:22:38,834
against the State of Alabama,

1361
01:22:39,126 --> 01:22:41,504
will be announced by Mr. Justice Kirkland.

1362
01:22:44,632 --> 01:22:47,510
-Last warning! Last warning.

1363
01:22:48,010 --> 01:22:51,097
Or this court will adjourn, and we'll issue our decision

1364
01:22:51,347 --> 01:22:52,932
solely in written form.

1365
01:22:54,517 --> 01:22:58,437
I'm sorry, Joseph. You go ahead now.

1366
01:23:06,237 --> 01:23:07,279
Life.

1367
01:23:09,615 --> 01:23:10,866
Choice.

1368
01:23:11,742 --> 01:23:14,537
The words we use to set ourselves against one another.

1369
01:23:15,746 --> 01:23:19,375
I am a supporter of life and of choice,

1370
01:23:19,583 --> 01:23:21,085
and so are each and every one of you.

1371
01:23:21,252 --> 01:23:23,087
And may God grant that this republic

1372
01:23:23,671 --> 01:23:25,548
always stand for both.

1373
01:23:28,968 --> 01:23:30,469
How did we come to this?

1374
01:23:32,263 --> 01:23:35,099
When both sides are right.

1375
01:23:35,975 --> 01:23:39,895
Of course, a fetus is life and life is precious.

1376
01:23:40,271 --> 01:23:42,857
And in a land that cares so much for the survival of whales

1377
01:23:42,940 --> 01:23:45,734
and owls, and so many forms of life,

1378
01:23:46,152 --> 01:23:48,237
how could we turn our backs on the truth that,

1379
01:23:48,445 --> 01:23:50,781
that a human fetus is life,

1380
01:23:50,865 --> 01:23:54,368
which is becoming, as we are, day by day.

1381
01:23:54,743 --> 01:23:56,787
And how could anyone deny that a woman's right

1382
01:23:56,871 --> 01:23:58,873
to control her body and reproductive function

1383
01:23:58,956 --> 01:24:02,459
is the most basic and elemental liberty

1384
01:24:02,626 --> 01:24:04,837
that she could seek protection of.

1385
01:24:05,713 --> 01:24:07,631
Along with the truth that each side is right,

1386
01:24:07,715 --> 01:24:12,887
comes the truth that each side is wrong.

1387
01:24:13,512 --> 01:24:15,681
Because for the convenience of its arguments,

1388
01:24:15,764 --> 01:24:19,602
each side would deny the rights of the other.

1389
01:24:20,394 --> 01:24:22,605
One more truth and we are ready to begin.

1390
01:24:23,647 --> 01:24:27,151
These two rights conflict.

1391
01:24:28,986 --> 01:24:30,321
And we must balance them,

1392
01:24:30,654 --> 01:24:33,741
which means shortchanging each right somewhere

1393
01:24:33,824 --> 01:24:36,410
to permit the exercise of the other.

1394
01:24:36,869 --> 01:24:42,291
Now this is unfair to each side, because each right is precious

1395
01:24:42,666 --> 01:24:44,460
and deserves to flourish unrestricted.

1396
01:24:44,543 --> 01:24:50,132
But since they do conflict, there is no other way.

1397
01:24:50,424 --> 01:24:52,134
We are human.

1398
01:24:52,468 --> 01:24:53,552
We are imperfect.

1399
01:24:53,969 --> 01:24:57,097
We ask your understanding of the spirit that has motivated

1400
01:24:57,473 --> 01:24:59,225
what you will hear today.

1401
01:25:00,059 --> 01:25:03,729
We begin where any balancing of rights must, drawing a line.

1402
01:25:04,146 --> 01:25:06,690
How many weeks must pass before a State is allowed

1403
01:25:06,774 --> 01:25:10,819
to prohibit the termination of pregnancy?

1404
01:25:12,738 --> 01:25:15,616
-Twenty weeks.

1405
01:25:18,160 --> 01:25:21,580
Now there is no airtight logic for such a decision,

1406
01:25:21,664 --> 01:25:23,415
but there are reasons.

1407
01:25:24,708 --> 01:25:27,628
We have divided the nine months of pregnancy in half,

1408
01:25:27,795 --> 01:25:30,130
and there is some symbolic significance to this.

1409
01:25:30,339 --> 01:25:33,175
A reflection of our desire to be even handed.

1410
01:25:33,342 --> 01:25:35,970
But the two halves are quite different.

1411
01:25:36,053 --> 01:25:37,763
We take judicial notice of the fact,

1412
01:25:37,846 --> 01:25:41,100
that approximately 99 percent of all abortions

1413
01:25:41,183 --> 01:25:43,269
take place in the first half.

1414
01:25:44,019 --> 01:25:49,149
And hold that this is ample time for women to make their choice.

1415
01:25:51,902 --> 01:25:56,198
In the second half, the fetus does most of its growing,

1416
01:25:56,699 --> 01:25:58,617
from a few inches to full size.

1417
01:25:59,201 --> 01:26:02,830
And it acquires the faculties of cognition and awareness,

1418
01:26:02,913 --> 01:26:04,790
which babies exhibit at birth.

1419
01:26:05,124 --> 01:26:06,250
In this second half,

1420
01:26:06,458 --> 01:26:10,754
we hold that the States may prohibit abortion,

1421
01:26:10,838 --> 01:26:12,673
except those necessary

1422
01:26:13,048 --> 01:26:15,968
to protect the life of the mother.

1423
01:26:16,635 --> 01:26:19,138
However, under no circumstances

1424
01:26:19,680 --> 01:26:22,349
may these women ever be considered criminals.

1425
01:26:22,433 --> 01:26:25,019
No circumstance. None.

1426
01:26:25,769 --> 01:26:27,771
Now, we know that this compromise is cold comfort

1427
01:26:27,855 --> 01:26:31,775
for those whose religious and ethical convictions hold

1428
01:26:31,859 --> 01:26:36,780
that fully valued human life begins at conception.

1429
01:26:37,656 --> 01:26:39,783
To you we can only say that this republic is founded

1430
01:26:39,867 --> 01:26:41,285
upon the right of each of us

1431
01:26:41,368 --> 01:26:44,204
to practice his or her own beliefs,

1432
01:26:44,830 --> 01:26:48,542
free from the imposition of the beliefs of others.

1433
01:26:49,084 --> 01:26:50,753
This does not mean now that this Court,

1434
01:26:50,836 --> 01:26:54,465
nor this nation, favors abortion casual or otherwise.

1435
01:26:54,548 --> 01:26:56,216
For in fact, we do not.

1436
01:26:56,759 --> 01:26:58,552
And accordingly, we hold that even during

1437
01:26:58,635 --> 01:27:00,346
the first 20 weeks of pregnancy,

1438
01:27:00,888 --> 01:27:02,973
while the woman retains her right of choice,

1439
01:27:03,057 --> 01:27:06,477
that several States may require the following,

1440
01:27:06,560 --> 01:27:08,103
if they so choose.

1441
01:27:09,313 --> 01:27:11,774
"First, information and counseling

1442
01:27:11,857 --> 01:27:13,692
for the mother if reasonably related

1443
01:27:13,776 --> 01:27:16,111
to the making of an informed choice.

1444
01:27:16,653 --> 01:27:18,947
This may include written and photographic materials,

1445
01:27:19,031 --> 01:27:21,867
even if distressing to the sensibilities

1446
01:27:21,950 --> 01:27:22,951
of the mother.

1447
01:27:23,160 --> 01:27:24,912
Mandatory counseling with individual

1448
01:27:24,995 --> 01:27:28,665
or group counselors prior to electing abortions,

1449
01:27:29,083 --> 01:27:30,876
with a waiting period of up to 72 hours.

1450
01:27:30,959 --> 01:27:34,963
Moreover, the State may require a written declaration,

1451
01:27:35,047 --> 01:27:40,427
by the mother, that this choice is made knowingly and freely."

1452
01:27:40,886 --> 01:27:45,641
The choice should be free, but not easy.

1453
01:27:45,849 --> 01:27:48,018
Because easy can mean heedless.

1454
01:27:48,477 --> 01:27:50,104
It used to be easier in this country

1455
01:27:50,187 --> 01:27:52,898
to get an abortion than to get a driver's license,

1456
01:27:53,107 --> 01:27:56,068
and this desensitizes all of us to the gravity of this choice.

1457
01:27:56,151 --> 01:27:58,737
All of us including the mother.

1458
01:27:59,405 --> 01:28:00,823
Which brings us...

1459
01:28:02,658 --> 01:28:05,369
to the most important part of this decision.

1460
01:28:06,578 --> 01:28:08,580
Because there is one party in interest

1461
01:28:09,415 --> 01:28:11,792
claimed by both sides in this dispute,

1462
01:28:11,875 --> 01:28:15,796
and truly first with no one.

1463
01:28:17,464 --> 01:28:18,549
Until now.

1464
01:28:21,093 --> 01:28:25,097
Pro-life, pro-choice, but where is the movement

1465
01:28:25,180 --> 01:28:27,808
that declares itself pro-child?

1466
01:28:28,142 --> 01:28:30,853
One-half million children in this country

1467
01:28:31,311 --> 01:28:34,273
are in institutional and foster care,

1468
01:28:34,773 --> 01:28:36,358
because our present adoption system

1469
01:28:36,442 --> 01:28:40,320
can only place approximately 30,000 each year,

1470
01:28:40,404 --> 01:28:44,116
so every year the unwanted, the unadopted,

1471
01:28:44,199 --> 01:28:45,826
the unloved grows!

1472
01:28:47,119 --> 01:28:49,037
Imagine what criminalizing abortion would do

1473
01:28:49,121 --> 01:28:50,497
to those numbers.

1474
01:28:51,123 --> 01:28:53,125
One child to every five in this country

1475
01:28:53,208 --> 01:28:55,085
is living in poverty.

1476
01:28:55,919 --> 01:28:58,422
Imagine the numbers for those unwanted.

1477
01:29:00,841 --> 01:29:02,217
Now, we have States eager to regulate

1478
01:29:02,301 --> 01:29:04,344
and restrict abortion and to eliminate funding

1479
01:29:04,428 --> 01:29:06,054
of abortions for the destitute.

1480
01:29:06,555 --> 01:29:08,474
And this results in bringing into this world

1481
01:29:08,557 --> 01:29:10,476
innocent children in whom all too often,

1482
01:29:10,559 --> 01:29:13,854
such States immediately lose all interest.

1483
01:29:14,146 --> 01:29:16,273
We find today that they cannot.

1484
01:29:16,857 --> 01:29:19,151
Each State must accept responsibility

1485
01:29:19,234 --> 01:29:21,111
to so protect these children.

1486
01:29:21,195 --> 01:29:23,655
It must, and believe me from this day forward, it will!

1487
01:29:23,739 --> 01:29:26,617
We are placing the suffering of unwanted children

1488
01:29:26,700 --> 01:29:28,911
-on the agenda of this court today!

1489
01:29:28,994 --> 01:29:32,915
Right up front where it belongs. Get out your pencils.

1490
01:29:36,835 --> 01:29:41,006
"For the reasons given above, we find the Alabama statute,

1491
01:29:41,089 --> 01:29:43,759
in which Virginia Mapes conviction is based,

1492
01:29:44,176 --> 01:29:47,095
to have deprived her of liberty without due process of law

1493
01:29:47,179 --> 01:29:48,639
under the Fourteenth Amendment.

1494
01:29:48,972 --> 01:29:51,558
And said conviction is hereby reversed."

1495
01:29:54,603 --> 01:29:56,313
"In strict conformity--

1496
01:29:57,314 --> 01:29:59,942
In strict conformity with the guidelines given above,

1497
01:30:00,025 --> 01:30:02,861
Alabama shall have the right, so described,

1498
01:30:02,945 --> 01:30:06,698
to regulate abortion, but only as a part

1499
01:30:07,032 --> 01:30:09,868
of a comprehensive plan of child care,

1500
01:30:10,160 --> 01:30:14,456
necessary to provide the children of said state

1501
01:30:15,040 --> 01:30:16,875
with the rights guaranteed to them

1502
01:30:17,167 --> 01:30:20,212
under the equal protection and due process clauses

1503
01:30:20,837 --> 01:30:23,799
of the Fourteenth Amendment of the Constitution

1504
01:30:24,758 --> 01:30:26,510
of the United States.

1505
01:30:27,469 --> 01:30:29,137
The State's right to protect the life of a fetus

1506
01:30:29,221 --> 01:30:31,181
must be matched by a responsibility

1507
01:30:31,265 --> 01:30:34,226
to protect the child that that fetus becomes."

1508
01:30:34,893 --> 01:30:36,853
Caring for children does cost money.

1509
01:30:37,104 --> 01:30:40,274
And throwing public money around is not itself an answer.

1510
01:30:40,857 --> 01:30:44,570
And cost control is high on our list of problems

1511
01:30:44,653 --> 01:30:46,196
to be creatively addressed.

1512
01:30:46,738 --> 01:30:49,533
Hard and controversial work lies ahead.

1513
01:30:52,160 --> 01:30:54,496
The States can respond to this decision

1514
01:30:54,955 --> 01:30:57,583
with resentment and resistance.

1515
01:30:57,666 --> 01:31:00,085
Or they can work with this court

1516
01:31:00,669 --> 01:31:02,963
to find practical and sensible solutions

1517
01:31:03,255 --> 01:31:06,800
for the protection and care of innocent children

1518
01:31:06,883 --> 01:31:08,093
who cannot help themselves.

1519
01:31:08,260 --> 01:31:12,556
I say to these states, test not our will in this.

1520
01:31:13,765 --> 01:31:15,058
But our good will.

1521
01:31:16,893 --> 01:31:19,563
Let's show the people that we can make something work.

1522
01:31:22,107 --> 01:31:23,442
And I am joined in this opinion

1523
01:31:23,525 --> 01:31:27,321
by Justices Morrisey, Banks, Brandwynne.

1524
01:31:27,613 --> 01:31:30,365
And Mister Justice William Dunn.

1525
01:31:33,702 --> 01:31:36,913
I know the difficulties of undertaking

1526
01:31:36,997 --> 01:31:38,707
such an ambitious decision

1527
01:31:38,999 --> 01:31:40,876
with a majority of only five votes.

1528
01:31:41,126 --> 01:31:42,586
Six votes.

1529
01:31:44,087 --> 01:31:45,380
Seven.

1530
01:31:47,591 --> 01:31:49,718
He's new. He doesn't know we don't do this.

1531
01:31:56,475 --> 01:31:58,810
Benjamin, do you have any surprises for me

1532
01:31:58,894 --> 01:32:01,396
or are you still dissenting at this date?

1533
01:32:02,272 --> 01:32:07,444
Yes, I am. Unpopular as it may be.

1534
01:32:11,031 --> 01:32:14,993
"Today with sincere and humane motivation,

1535
01:32:15,327 --> 01:32:19,039
this court flouts several principles of law.

1536
01:32:19,331 --> 01:32:22,584
More disturbing still is the seeming re-conception

1537
01:32:22,668 --> 01:32:25,462
of this court's function and role in the conduct

1538
01:32:25,545 --> 01:32:28,382
of our constitutional democracy.

1539
01:32:28,840 --> 01:32:31,510
We have today assumed a burden.

1540
01:32:32,219 --> 01:32:36,306
A burden to right wrongs created not by constitution

1541
01:32:36,390 --> 01:32:39,267
nor statutes, but by a society

1542
01:32:39,351 --> 01:32:42,854
that disregards the sanctity of life..."