Original subtitles

Morning, Della.

She did?

Oh, that's so pretty. Wait till you see her.

Oh, good lord.

Since you refuse to go to the store,

I brought the store to you.

I thought you had a patient consult this morning.

I did, but I canceled it

because my stubborn wife refuses to pick the dress

she's going to be wearing when she's honored

by the LGBTQ National Alliance.

Seems I've had to resort to extreme measures

to get her attention.

Did I mention she has a fitting tomorrow?

Fine. I'll pick one.

Thank you.

But I... I can't go to the fitting tomorrow.

Why not?

Because I'm driving down to see Eric.

These notes that I made from yesterday's meeting.

All right, okay. Let's go in my office.

Whoa. Fashion show.

Elijah, just in time.

Which one do you think Del should wear to the gala?

That one right there.

It's gonna make her eyes sparkle.

Um, no, Dad. No, don't listen to him.

Wear the silver one. The silver one is everything.

Ooh, agreed.

Della, if you don't wear that, I will.

The plunging neckline.

What?

That is so last season.

Everybody knows you go next season or you go home, girl.

Going home? What a concept.

Everybody, out. I have work to do.

- The neckline. - Out.

All right, remember what I said.

The neckline.

- Your wife agrees with me. - I do, actually.

I will pick one.

- Pick one. - Okay.

Oh, whoa, whoa, whoa.

Is that Marcus Wright?

We have an appointment with Mr. Strait.

Who's Marcus Wright?

I thought you were a sports guy.

- I'm a Boston sports guy. - Ugh.

- The Red Sox, Patriots. - Stop.

Marvelous Marcus Wright ran for over 200 yards

in the 2006 Bluegrass Bowl.

That man's a legend.

Looks like the legend's now a client.

Uh-huh.

Wonder if your dad's gonna need a second chair on this one.

Sydney, you wanna join us?

Uh, excuse me, gentlemen.

Uh, Anthony, it's not a competition

because I just won.

And Marcus' wife, Brittany.

Hi, so nice to meet you.

I'm sorry, I'm...

I'm such a huge fan.

Um, I don't think we missed even one game, so...

- Thank you. - No, thank you.

Sorry, yes. Please, have a seat.

So, Marcus, uh, what can we do for you?

I want you to help me die.

Synced & corrected by QueenMaddie www.addic7ed.com

Now, I don't want you to think that we came

to this decision lightly,

and we talked it over with our families, our pastor.

Marcus, obviously you know that Tennessee

is not a right-to-die state.

People have tried and they've all failed.

You haven't tried.

Uh, there's also the problem that ALS...

As horrific as it is...

Does not pass the diagnostic limitations,

even in the states that do have this law on the books.

We found a doctor willing to challenge that limitation.

We just need an attorney willing to argue our appeal.

I'm gonna be totally honest with you, Marcus.

The reason why I haven't tried one of these cases

is, uh, I'm not sure how I feel about them.

Mr. Strait, I don't wanna die...

but I can't stop that.

What I can stop is putting my family

through those last few months, which will be hell.

I don't have any outward symptoms yet,

but I know it's coming.

Being unable to walk, feed myself,

play with my sons, or kiss my wife.

It's bad enough I'm leaving them with a mountain of debt

that grows worse every month.

Wait, do you mean medical debt?

After college,

his football injuries were all considered

preexisting conditions.

The insurance that he could get

doesn't cover half his treatments.

$50,000 a month.

That's how much it's costing me to die.

I get why you're considering the case,

but I'm not sure how you win it.

Well, that's a problem for another time.

What I'm looking for now is some criteria

with which to decide, should I even try?

I think you should take it.

Death is something that we're all so afraid of

because we refuse to see it for what it is:

part of the human experience.

For me, life is sacred, okay?

How could you be anti-death penalty

if you support this? It goes against...

One is a person's choice. The other's punishment.

- Well said. - Wait, wait.

You really wanna give doctors all that power?

Syd, do you wanna weigh in here?

Uh...

I don't think we can help make this choice for you, Dad.

You said no in the past for a reason.

I think you have to ask yourself if anything has changed.

Thanks, all of you.

- Are you okay? - Yeah.

Hey, uh, you okay?

Brittany told me that last month

Marcus started to have a seizure at the dinner table

and begged her not to call 911 because it was too expensive.

Does that sound right to you?

No.

No, it does not.

Surprised when I got your message.

Haven't heard from you in a while.

Me and God, you know,

we haven't been on speaking terms lately.

After a loss,

some people find solace in their faith.

Others question God's wisdom.

Some downright curse him.

I think I'm somewhere in the middle with all that.

You're closer to him than you think.

Explains why you reached out to me regarding this case.

No, just calling an old friend

to try to get a couple of words of wisdom.

Well, Jesus didn't stand on the mountaintop,

dole out wisdom from afar.

He walked among the people.

Listen to their pains and sorrows,

their hopes and their dreams.

My advice,

spend a little time with Marcus and Brittany.

Let their needs inform your decision.

That's it?

I thought you would try to talk me out of taking this case.

I'm sorry but you can't hide behind the frock on this one.

Marcus can't get insurance to cover his medical care

because of the injuries that he got playing football,

but not being able to get health insurance?

With the cost of medicine nowadays,

that's, like, it's own kind of injury,

so who wants to help me make a case?

What kind of case?

That's what we're gonna figure out.

Look, with this filter.

Okay.

Uh, who wants to help me make a case

over dinner at Rendezvous, my treat?

- Oh. - That sounds great.

- Yeah. - Let's go.

Mmm, okay, okay. So who's our client?

It's a 36-year-old dying man with no case.

A man who went into college healthy

- and came out unhealthy. - Yes, thank you, Bri.

So sue the university for inadequate health care?

He was a 200-pound man willfully running

into 300-pound men.

Okay, what about the Conference of Collegiate Athletes, though, okay?

Shouldn't they be providing ongoing healthcare?

Well, to who, and for how long, hmm?

Every student for life?

With over a billion in revenue, they probably could.

Wait, did you say a billion?

- Yeah, yearly. - Wow.

All made off so-called student athletes.

Student athletes is just a fancy term

to keep college players from getting paid.

Yeah, school sells jerseys, video games use their faces,

CCA sells TV rights, and what do they get?

A free education where they have to play and practice

so often they can't even go to class.

Exactly, my cousin played for Louisiana,

but quit when he realized that was a full-time job

getting in the way of him getting his degree.

Syd?

Sydney, wh... where are you going?

You said this was your treat.

Well, I guess it's your treat now.

Hey.

I'm gonna sue the Conference of Collegiate Athletes

on Marcus' behalf.

They called him a student but he was treated

like an employee, and if he was an employee,

then his injuries were on the job,

so he's entitled to some compensation.

Sydney, slow down.

Marcus came here asking us to help him die with dignity,

not sue college sports.

Well, he also came here terrified because he's gonna

leave his family bankrupt after he passes.

Now, I don't know if you're gonna help him...

with the first one, but I can and I will help him

and his family with the other.

So I wouldn't be arguing that football caused your ALS.

I would be saying that the injuries you incurred

while playing during college prevented you from getting

the kind of health insurance you could have had otherwise.

Insurance that could have helped you

after you got your diagnosis.

I don't know.

- Well, I love it. - Now, hang on, honey.

What "Hang on"? She's right.

I know you love playing,

and I know you love the school for giving you that chance,

but they made a fortune off you.

Would it affect my other case?

No, not in the least bit.

Okay.

For my family.

Hey, Dad.

I lost my spiral.

When do we need to leave for the doctor?

Uh, we've got a few minutes.

Come on, Dad. Here I come.

- Yep, throw it here. - Ooh!

Hey, gotta get your elbow up, man.

Every time I watch them play,

I wonder if it'll be the last.

- I got it, I got it. - All right, toss it over.

- I'm open! - Over here, buddy.

Here it comes.

- Perfect. - Over here!

- Terry. - How are you, Miss Bedford?

I'm fine. How are you?

- How's the family? - They're doing well.

- Have you seen Eric? - Oh, yeah.

- He's right over there. - Good. Thank you.

That's great. Peace.

- Eric. - Mom!

Hi.

What are you doing here?

I wanna see how the family business is doing.

Well, I wish I knew you were coming.

I've got a meeting in a few minutes.

How's Betsy?

Uh, she's putting pressure on me

to let her remodel our new house.

How's Samantha?

Oh, on the war path,

making sure I have a dress for the gala.

Speaking of which,

I know you asked for time,

but I wanted to see if you'd reconsidered

and would be willing to introduce me.

- Mom... - I love you.

And I'm so proud that we've managed

to rebuild our relationship.

I know you're trying, Mom,

and I support your lifestyle,

which not everyone in this family does,

but this gala...

I thought I made it clear how I feel about it.

I was hoping you'd change your mind.

You dropped a bomb on me, Mom.

At 15.

I've forgiven you, but...

I don't wanna attend an event that reminds me

of the worst years of my life.

I understand.

All right, now, if there's nothing else,

I really do have a meeting.

- No, go. - Yeah.

Mr. Strait, have you given any thought

as to the legal argument you're going to make?

Right now Mr. Strait is just advising me

through this part of the process.

I'm here to speak to Marcus' state of mind.

Oh, I see.

Mr. Strait, have you seen any evidence of mental instability

- on Marcus' part? - No.

Have you seen any evidence of a coercive influence

in Marcus' life?

Anyone pressuring him to make this choice?

Absolutely not.

Marcus, are you aware that you will have

to have a second physical no less

- than 15 days from today? - I am.

Are you aware that you will have to request

both verbally and in writing the necessary medication?

I am.

I don't know if I can do this, Marcus.

I just don't know.

I think maybe it's impossible for people on the outside

to really understand.

I'm not choosing to die.

I'm just choosing what the rest of my life looks like.

And picking the memories that'll remain when I'm gone.

Now, I can count the number of times this door

has been closed with no clients on one hand.

Eric?

I think I made a mistake

coming out when I did.

I should have waited until Eric graduated from high school.

Well, it's not like there's a manual

or some rule book to follow.

Yeah, well, a manual would be helpful right about now.

I mean, here I am getting a lifetime achievement award

and the person who I love more than anyone

on this Earth won't be there.

Della, the choices you had to make...

It takes courage to live honestly.

For two smart people, we sure haven't made

life easy on ourselves, have we?

No.

No, we've done the best we can.

- You know who told me that? - Mm.

A woman of great wisdom

and fabulous taste.

Who happens to be my best friend.

Well, after 30 years, I damn well should be.

Have you made up your mind about Marcus?

Got a delivery for Strait & Associates.

Oh, yeah. I... I can sign for it.

Yeah, I think we can get them to settle.

I mean, the last thing they want is

the media getting wind of this case.

Marcus is selling his house to pay for his medical bills.

They need to cover his debt

and provide him with medical care for the rest of his life.

They'll never go for that.

That would be precedent-setting.

Good.

Dad, good news.

Judge Castner got assigned to our arbitration case,

- and, uh, last... - Jake, I need to talk

to my daughter for a minute.

Yeah. Yeah, no problem.

I'll come back.

Everything okay? Is it about Marcus?

No, it's about you.

I didn't mean to open it.

It said Strait and I thought it was about my case.

_

My divorce papers.

It's not like it's a surprise.

We've been separated for almost two years

but I don't know.

It's just like this... this whole part of my life

has now been reduced to a piece of paper.

And...

Robbie and I, we just took it all for granted,

and then I look at a couple like Brittany and Marcus

and, I mean, it's...

is it just me or is that just so unfair?

I asked Father Charles something similar,

and he said, "It's not for us to know."

It's an entirely unsatisfying answer.

I said the same thing, too.

Did you and Mom ever talk about divorce?

No.

God knows I gave her plenty of reasons.

I don't know how to explain what your mother and I had.

But she made me better.

She left behind a better man than she found.

That's a beautiful thing to say.

It's true.

Yeah, it's true.

I'm gonna take Marcus' case.

I would argue since patients in Tennessee...

have a right to refuse medical care,

a dignified death is consistent with that right.

What made you say yes?

Talking to my daughter just now.

Thinking what your mother would do.

She would help them.

And so she will.

In the case of Wright

versus the Conference of Collegiate Athletes,

both parties have agreed to arbitration.

As such, the decision I render will be accepted as final

and the results fully binding.

Miss Strait, Mr. Reilly?

My name is Kelly Gluck.

I'm an agent for the Internal Revenue Service,

and I specialize in employment classification.

I was a teammate of Marcus's for all four years of college.

Mr. Gluck, how do you determine

if a worker can be categorized as an employee?

Well, first I look at exclusivity.

Is the worker under the exclusive control

and contract of a company?

Do you recognize this?

Yeah, it's the rules and regulations

we had to abide by in order to keep our scholarships.

And if you failed to do so?

You'd be kicked out.

Next, I look at the company's investment.

Do they provide the worker the tools and training

to perform their duties?

Besides the head coach,

we had position coaches,

strength coaches, a dedicated weight room,

chartered flights to games.

Was attendance at practice required?

Every day in the regular season.

And if you failed to show up routinely,

say because your studies were too demanding,

what would have happened?

You'd be kicked out.

Finally, I look at evidence of value.

Was this employee valued by the company?

In 2005, you suffered a partial tear

in your knee ligament. How did the team respond?

They flew a specialist out from Los Angeles.

He did the surgery.

Coach said it cost a couple hundred grand,

but that it was worth it so I could be back

before the season ended.

And if you chose to stop playing,

say because of injury or fear of future health,

what would have happened?

I'd have been kicked out.

Just a few questions.

Were you required to pay income tax on your scholarship?

No.

If you had been required

to pay income tax on your scholarship,

would you have been able to attend the school?

No.

What about the rest of your teammates?

No, probably not.

Are you sure you don't want to settle?

Jane, a word.

You and I both know you don't want this case going forward.

There is too much downside risk for you.

All my client wants is

- medical coverage and for his... - No.

What do you mean, no?

Zero, that's our offer.

We will not settle. We will win.

Your Honor, Tennessee has already recognized

a patient's right to refuse life-saving care.

Why?

Because the law acknowledges that a human being

should not be forced to suffer

in the last days of their life,

and since we allow patients to refuse life-saving care,

we must in the same spirit allow terminal patients

the option to choose death with dignity.

Your Honor,

there is a fundamental difference

between saving life and causing death.

The people of Tennessee believe that causing death is murder.

They believe that physician-assisted suicide,

which is what this is,

opens a... a Pandora's Box to a world where

physicians who are human and therefore subject

to mistakes in judgment and flaws in character

are making a choice that only God can.

Marcus, what did three independent physicians

diagnose you as having?

I have sudden-onset ALS.

It's terminal, and there is no cure.

So why do you want to die?

Well, I don't want to die.

I'm going to die.

Um, I've already lost strength in my muscles

and had seizures which have terrified my sons.

Eventually I'll be paralyzed, need a feeding tube,

and round-the-clock care to make sure nothing clogs up

my feeding tube and chokes me to death.

Then, I'll be put on a machine

that'll pump air into my lungs,

and keep me alive.

So that's what awaits me.

That's why I would prefer to pass painlessly

into God's arms.

So that you would not suffer needlessly?

No, it's... I don't want my wife to suffer needlessly.

And I don't want my sons...

I want my sons to be spared the trauma

of watching me waste away.

Um...

My mother died of cancer when I was about their age

and it... it was, uh...

There was nothing good about watching it.

And people talk like every day is special.

But that's a lie,

'cause there comes a point where every day is hell,

and I don't deserve that.

My boys, my wife...

They don't deserve that.

Nothing further.

Court is in recess.

We will resume this proceeding 2:00 p.m. tomorrow.

All rise.

- How'd it go this morning? - Good, good.

Uh, I think we established that they treated Marcus

like an employee, so...

tomorrow I'm just gonna nail

that director of the conference and that should...

- ... that should do it. - Sydney?

- What? - You okay?

Yeah, why?

Um, I'm not sure. You seem...

No, I'm fine, Dad. I'm fine.

Uh, actually, I... I have to go.

I have a date.

To the end of our marriage.

- I'll drink to that. - Mm.

Don't look so happy.

It's who I am. Jolly by nature.

Jolly by nature, eh?

Did you start drinking before I got here?

You know, um...

Ever since Mom died,

I've just been thinking a lot about everything

and, um, I wanted to say sorry...

for how I got towards the end.

You deserved better.

I appreciate you saying that.

But, you know, truth is,

bad times aren't the times that I remember.

Me, neither.

- What? - Uh...

Just this... this couple from the case

that I was telling you about, they...

They have everything going for them.

You know, they have that "it," that thing.

And it's just... It feels so unfair that...

- Careful, Syd. - What?

If we were still married,

I'd tell you not to get too wrapped up.

Since we're not, I get to say it like this.

Don't be an idiot.

You got that look to you like there's winning

and there's nothing else,

and the truth is even if you do win...

you can't buy him any more time.

Yeah, Dad?

Which hospital?

I'm on my way.

Um, Marcus had a seizure. They're rushing him to the ER.

Neonatal unit paging Dr. Carter.

Neonatal unit paging Dr. Carter.

Surgery, pick up line 22.

Surgery, pick up line 22.

- Hey, Dad. - Thank you, Doc.

We'll keep you posted.

Brittany was in another room.

She heard the boys scream.

By the time she got in to see him,

he... he had collapsed.

The doctors say they wanna keep him overnight for observation.

You know, I'm glad that it was sudden with Mom

because I don't think that I could have handled that.

- Is that so selfish? - No.

I mean, what I wouldn't give for one more... you know, but...

Do you really believe that people are in a better place?

Do you believe that?

Syd, I believe it with all my heart.

Just like I believe in making where we are now

the best place we can be.

Yeah, meanwhile it's gonna cost him another 50 grand.

- Sydney... - We have to win both cases, Dad.

We have to win them, both of them.

We both have to do our best.

Can't do any more than that.

Miss Lusk, where did the term student athlete come from?

It was originally coined in 1964 by the...

By the man who held the job that you have now.

- Yes. - And isn't it true

that the term was specifically

created to protect the Conference of Collegiate Athletes

from paying a worker's compensation insurance claim?

A claim filed by the widow of a football player

who died during a game?

It was created to deal with the very complicated

intersection between the popularity

of college sports and the need to serve students.

By complicated, you mean lucrative, right?

No.

Since 1958 how much has the Conference's revenue increased

from ticket sales, broadcast rights, et cetera?

I don't have those numbers.

Well, what about the revenue from last year?

Does $1 billion sound about right?

It does.

All created by students who you don't pay

and don't call employees?

The majority of it goes to support students

across the entire country.

There are universities that have new science centers

because of sports,

schools that can offer musical education and arts programs,

all funded by sports.

How you spend the money has nothing to do

with whether or not the people who generate that money

- should get paid. - Yes, it does.

If we start paying student athletes,

scholarships would dry up.

Sports that don't generate revenue vanish.

And schools suddenly become real employers, Miss Strait.

That is in direct conflict with the role of educator

and our desire to make students the priority.

Miss Lusk,

do you know what the combined income

of the top ten college football coaches is?

$87 million.

That is more than double what it would cost the CCA

to provide all 400,000 of its student athletes

with ten years of health care.

So, sorry, what was it that you were saying

about making students the priority?

Dr. Gase,

do you support Mr. Wright's decision

to terminate his life prematurely?

I've seen what ALS can do to a person.

I'm willing to do whatever I can to ease Marcus' transition.

Last night Mr. Wright was rushed to the emergency room.

Are you aware of that?

I was informed after it happened.

Are you aware paramedics had to perform lifesaving measures

to revive Mr. Wright when he was transported to the hospital?

I was not.

Are you surprised to learn paramedics did that

because Marcus doesn't have a DNR?

To be clear,

that is a Do Not Resuscitate form,

one which tells paramedics not to use life-saving measures.

Are you surprised that someone who really wants to die

doesn't have one?

Yes, I am.

No further questions, Your Honor.

I signed a DNR six months ago.

- It must have gotten lost or... - It's my fault.

Six months ago,

I was in denial about what was happening to you

and hopeful that some kind of miracle would...

I meant to file it with the hospital.

I just forgot.

Baby, I'm so sorry.

Before we take one step forward,

I need to ask, Brittany,

do you support your husband's decision

to end his life?

I do.

100%.

Wow.

That's rough.

Yeah, now his poor wife...

I mean, if we lose...

I need a Hail Mary.

See, now that I can do.

You gave me good advice, Father.

The more time I spend with Marcus,

the more I believe that this is the right thing, but...

It's also the hardest part of my job.

You know, I...

knowing that what's right might not happen.

Mine too.

A good man shouldn't have to die like this.

'Cause it seems so cruel.

Did I just witness divine inspiration?

I got my Hail Mary.

The Eighth Amendment

protects us from cruel and unusual punishment.

Start an IV, 18 gauge.

It protects us from punishment

deemed to be unnecessary.

Oxygen levels are dropping.

Intubate.

Punishment deemed to be degrading to human dignity.

Clear.

Marcus Wright suffers from a debilitating disease

that will strip him of his mobility,

of his autonomy, and eventually will strip him

of his dignity.

The end is near for Marcus.

He knows this.

But now in his time of need,

he asks the court to spare him a death

that would be cruel and unusual and degrading.

Marcus Wright is ready to face his death

with grace and dignity,

surrounded by the people who love him.

Your Honor, we ask this court

to grant him this, his final wish.

Please extend my personal sympathy

to Mr. Wright and his family.

If I could make a decision that would heal him,

now that would be justice.

But instead, I have the matter at hand,

so, Ms. Straight, Mr. Reilly,

while you have established in many ways

that Mr. Wright was treated as an employee,

I believe that the student athlete model,

as imperfect as it is, must stand in this case.

It may be an imperfect compromise,

but it's one that allows for the greatest good

to the greatest number of people.

Sydney.

The verdict, your dad's case, it's in.

I can't thank you both enough for all you did for us.

You made Marcus' wish come true,

which means you made all of our wishes come true,

and you fought so hard for us.

I'm just sorry that I couldn't...

- Please, it's the fight that mattered. - Mm-hmm.

In regards to the arbitration,

the judge did rule against you, but word got around.

A lot of people contacted us,

including a few professional players.

They, um, paid off your mortgage,

and set up a fund for your medical expenses.

- What? - Elijah.

Two on two?

University of Memphis Tigers.

Whose side am I on?

Three on three!

- Did you say three on three? - That's what I said.

- You're not ready. - All right, let's go.

- You're not ready. - That's right.

Take those boots off.

Show you how the Wrights get fast.

Ohh!

- Hello. - Hi.

- Oh. - This is...

- Hi. - Oh, it's good to meet you.

I can't do it.

I can't let you drink alone.

'Cause you're not alone.

Yeah, could I get a dirty martini, please?

Two olives.

Thanks.

That's fantastic, thank you.

Thank you. Oh, stop.

- Come on. - It's a beautiful night.

- Yeah. - Excuse me.

Thank you.

So please, put your hands together

and give a warm Memphis welcome

to this year's Lifetime Achievement Award Recipient,

my dear friend,

Della Bedford.

You were sashaying up.

Thank you. Mwah.

- Come on. - Whoo!

Is it customary to give lifetime achievement awards

to a 29-year-old?

Now look, I truly am so honored and humbled...

to be here tonight.

You know, it takes a certain kind of courage

- to live an authentic life... - That's right!

And claim who we truly are...

and who we love.

And it takes a certain kind of bravery

to confront the inequalities of this world

and face the fact that lasting change

is a long and arduous battle.

And you know, what we do, it isn't easy,

and we pay a price for wanting to make a difference,

but we will never give in

and we will never give up.

And you know, most of the time

that price is shared by our loved ones,

the people who choose to love us

and stand by us

as we make the world a better place.

They are the ones who have to deal with and accept

our endless absences from family gatherings

and holidays and birthdays.

You know, what they do isn't easy either.

Our partners,

our husbands,

our wives, our daughters.

Our sons.

You know what, they deserve lifetime achievement awards

for loving us so fiercely so we can go out there

and make the world a better place.

That's right.

Oh, thank you so much, everyone.

Hey.

Hey.

Think Mom knows she got her wish?

That we made up?

Yeah.

I think she knows.