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These are the user uploaded subtitles that are being translated: 1 00:00:08,575 --> 00:00:11,777 This bout, 15 rounds 2 00:00:11,795 --> 00:00:16,749 for the heavyweight championship of the world. 3 00:00:16,783 --> 00:00:20,285 The challenger from louisville, Kentucky, 4 00:00:20,303 --> 00:00:25,174 weighing 210 and one-half pounds, 5 00:00:25,225 --> 00:00:30,128 the former olympic light heavyweight champion, 6 00:00:30,146 --> 00:00:32,681 Cassius Clay. 7 00:00:32,732 --> 00:00:34,433 Of those of you who won't be able 8 00:00:34,467 --> 00:00:36,151 to see the Clay-liston fight, 9 00:00:36,186 --> 00:00:39,605 here is the eighth round exactly as it will happen. 10 00:00:39,656 --> 00:00:41,073 Clay comes out to meet liston 11 00:00:41,107 --> 00:00:43,141 and liston starts to retreat. 12 00:00:43,159 --> 00:00:44,943 If liston goes back an inch farther, 13 00:00:44,977 --> 00:00:47,446 he'll end up in a ringside seat. 14 00:00:47,480 --> 00:00:50,616 Clay swings with his left, Clay swings with his right. 15 00:00:50,650 --> 00:00:52,835 Look at young Cassius carry the fight. 16 00:00:52,869 --> 00:00:55,504 Liston keeps backing, but there's not enough room... 17 00:00:55,538 --> 00:00:58,323 It's a matter of time... Our Clay lowers the boom. 18 00:01:00,126 --> 00:01:02,661 Sonny liston's not coming out. 19 00:01:02,679 --> 00:01:05,047 Sonny liston is not coming out. 20 00:01:05,098 --> 00:01:07,199 He's out! The winner and the new 21 00:01:07,233 --> 00:01:10,135 heavyweight champion of the world is Cassius Clay! 22 00:01:11,805 --> 00:01:13,439 I'm the greatest fighter that ever lived. 23 00:01:13,473 --> 00:01:14,890 I don't have a mark on my face 24 00:01:14,941 --> 00:01:16,608 and I upset Sonny liston 25 00:01:16,643 --> 00:01:18,277 and I just turned 22 years old. 26 00:01:18,311 --> 00:01:19,778 I must be the greatest. 27 00:01:19,813 --> 00:01:23,282 I shook up the world. I shook up the world. 28 00:01:23,316 --> 00:01:24,616 I shook up the world. 29 00:01:24,651 --> 00:01:25,151 ¶ 30 00:01:34,961 --> 00:01:36,295 Cassius is not my name no more. 31 00:01:36,329 --> 00:01:37,880 Officially muhammad Ali now? 32 00:01:37,914 --> 00:01:39,047 Muhammad Ali. 33 00:01:39,082 --> 00:01:42,468 Ladies and gentlemen, Mr. muhammad Ali 34 00:01:42,502 --> 00:01:44,202 has just refused to be inducted 35 00:01:44,220 --> 00:01:46,305 into the United States armed forces. 36 00:01:46,339 --> 00:01:49,141 Notification of his refusal is being made 37 00:01:49,225 --> 00:01:50,776 to the United States attorney, 38 00:01:50,810 --> 00:01:53,178 the state director of the selective service system, 39 00:01:53,213 --> 00:01:55,080 and the local selective service board 40 00:01:55,115 --> 00:01:56,648 for whatever action deemed to be appropriate. 41 00:01:56,683 --> 00:01:59,485 How did they treat you? Respectable. 42 00:02:01,521 --> 00:02:02,021 ¶ 43 00:02:46,282 --> 00:02:49,151 respect for law in a nation 44 00:02:49,202 --> 00:02:53,789 is the most priceless asset a free people can have. 45 00:02:53,823 --> 00:02:56,825 And the chief justice and his associates 46 00:02:56,876 --> 00:02:59,995 are the ultimate custodians and guardians 47 00:03:00,046 --> 00:03:02,548 of that priceless asset. 48 00:03:02,582 --> 00:03:05,717 And when we consider what a chief justice has 49 00:03:05,752 --> 00:03:08,754 in the way of influence on his age 50 00:03:08,788 --> 00:03:13,225 and the ages after him, I think it could fairly be said 51 00:03:13,259 --> 00:03:17,396 that our history tells us, our chief justices 52 00:03:17,430 --> 00:03:21,350 have probably had a more profound and lasting influence 53 00:03:21,401 --> 00:03:23,151 than most presidents have had. 54 00:03:23,186 --> 00:03:24,236 Good morning, petrus. 55 00:03:24,270 --> 00:03:26,111 Good morning, sir. How was your summer? 56 00:03:26,138 --> 00:03:28,190 It was good to get away, Mr. chief justice, sir. 57 00:03:28,241 --> 00:03:29,691 Nice to see you again. You, too, sir. 58 00:03:29,742 --> 00:03:30,826 Thank you. 59 00:03:31,811 --> 00:03:32,811 Good morning. 60 00:03:32,829 --> 00:03:33,329 ¶ 61 00:03:38,334 --> 00:03:39,418 sorry. 62 00:03:39,452 --> 00:03:39,952 ¶ 63 00:04:17,690 --> 00:04:19,374 Come in. 64 00:04:21,911 --> 00:04:26,048 Mr. connolly. I'm Mrs. Paige, p-a-I-g-e. 65 00:04:26,082 --> 00:04:27,716 You're 27 minutes late. 66 00:04:27,750 --> 00:04:29,084 You're not off to a good start. 67 00:04:29,135 --> 00:04:31,303 I'm sorry. My car broke down. Mr. connolly. 68 00:04:33,039 --> 00:04:34,205 Back down the corridor. 69 00:04:34,223 --> 00:04:35,924 The washroom is the third door on the right. 70 00:04:35,975 --> 00:04:37,059 Thank you. 71 00:04:39,712 --> 00:04:41,647 Straight ahead, Mr. connolly. 72 00:04:41,681 --> 00:04:42,981 We've got ourselves a live one there, 73 00:04:43,016 --> 00:04:44,883 huh, Mrs. p? 74 00:04:44,901 --> 00:04:47,552 Don't flirt with me, Mr. Becker. 75 00:04:47,570 --> 00:04:49,411 It does not become you. 76 00:04:50,857 --> 00:04:53,058 - Morning. - Morning, chief. 77 00:04:53,076 --> 00:04:54,826 Good morning, sir. Janet. 78 00:04:59,248 --> 00:05:00,365 Ohh. 79 00:05:03,336 --> 00:05:04,619 This term, we really must do 80 00:05:04,671 --> 00:05:06,672 something about this office. 81 00:05:06,706 --> 00:05:09,407 It's ridiculous. It's not satisfactory. 82 00:05:09,425 --> 00:05:13,011 It's smaller than my office at the court of appeals. 83 00:05:13,046 --> 00:05:16,414 I'm the chief, petrus. Makes no sense. 84 00:05:16,432 --> 00:05:19,017 Take those geraniums to maintenance. 85 00:05:19,052 --> 00:05:21,419 Oh, and petrus, don't overwater them. 86 00:05:21,437 --> 00:05:22,688 They won't bloom. 87 00:05:22,722 --> 00:05:24,356 Yes, sir. 88 00:05:27,593 --> 00:05:30,362 Mr. justice, this is Kevin connolly. 89 00:05:30,396 --> 00:05:31,563 Sorry I'm late, sir. 90 00:05:31,597 --> 00:05:33,949 Please, take a seat, Mr. connolly. 91 00:05:35,284 --> 00:05:37,069 Your grandfather. 92 00:05:37,103 --> 00:05:40,956 Yes. He was on the court for 34 years. 93 00:05:40,990 --> 00:05:42,958 "The great dissenter." 94 00:05:42,992 --> 00:05:45,210 The only justice to vote against segregation. 95 00:05:45,244 --> 00:05:47,796 Plessy v. Ferguson. 1896. 96 00:05:47,830 --> 00:05:49,631 But even in his dissent he still 97 00:05:49,665 --> 00:05:51,666 called the white race the dominant race 98 00:05:51,718 --> 00:05:54,439 and vowed it would continue for all time. Heh. 99 00:05:55,972 --> 00:05:58,173 Oh, sir, I... I'm sorry. 100 00:05:58,224 --> 00:06:00,592 I wasn't thinking. That's actually very rude. 101 00:06:00,626 --> 00:06:03,762 You know your court history, Mr. connolly. 102 00:06:03,796 --> 00:06:07,816 Or maybe you just did some research to impress me. 103 00:06:07,934 --> 00:06:12,571 There is currently a case in court. 104 00:06:12,605 --> 00:06:15,240 Cohen v. California. 105 00:06:15,274 --> 00:06:17,275 Cohen walked through a courthouse 106 00:06:17,309 --> 00:06:21,079 wearing a jacket with the words "fuck the draft" 107 00:06:21,114 --> 00:06:22,914 inscribed on the back. 108 00:06:22,949 --> 00:06:25,584 He was sentenced to 30 days. 109 00:06:25,618 --> 00:06:27,085 "Congress shall make no law 110 00:06:27,120 --> 00:06:29,087 abridging the freedom of speech." 111 00:06:29,122 --> 00:06:32,924 That's a very literal interpretation of the first amendment. 112 00:06:32,959 --> 00:06:35,493 Clearly, if the first amendment protects speech of any kind, 113 00:06:35,511 --> 00:06:37,429 it protects political speech. 114 00:06:37,463 --> 00:06:39,343 And if the court is saying that anti-war protests 115 00:06:39,348 --> 00:06:41,383 are not protected by free speech, 116 00:06:41,434 --> 00:06:43,001 then it's not paying attention to what's 117 00:06:43,019 --> 00:06:45,554 going on outside its doors. 118 00:06:45,605 --> 00:06:47,005 I know your war record, sir. 119 00:06:47,023 --> 00:06:50,025 Oh? Then you know I'm no pacifist. 120 00:06:50,059 --> 00:06:52,444 You should know I was a student activist. 121 00:06:52,478 --> 00:06:54,798 I've worked as a legal advisor to draftees, 122 00:06:54,814 --> 00:06:56,982 informing them of their rights, I'm a democrat... 123 00:06:57,016 --> 00:06:59,701 Mr. connolly, I'm not interested in your politics. 124 00:06:59,735 --> 00:07:02,404 Here we're only interested in the law. 125 00:07:02,455 --> 00:07:06,691 Besides, it's all in here. Huh. 126 00:07:06,709 --> 00:07:07,959 Tell me something. How would your wife 127 00:07:07,994 --> 00:07:10,378 feel about relocating to DC? 128 00:07:10,413 --> 00:07:12,547 Well, clearly, we've talked about it, 129 00:07:12,582 --> 00:07:13,799 in principle, that is. 130 00:07:13,833 --> 00:07:17,919 She... I think she'd be very happy for me. 131 00:07:17,970 --> 00:07:19,410 We're expecting our first child, sir. 132 00:07:19,422 --> 00:07:23,541 Oh, how marvelous. Ha! 133 00:07:23,559 --> 00:07:26,211 Well, thank you very much, Mr. connolly. 134 00:07:30,600 --> 00:07:35,153 Um... are you... are you gonna hire me, sir? 135 00:07:35,188 --> 00:07:39,191 Hmm. Well, we may not agree on certain matters. 136 00:07:39,225 --> 00:07:41,109 We may take different positions on many things. 137 00:07:41,160 --> 00:07:43,111 I'm only interested in your I.Q., 138 00:07:43,162 --> 00:07:45,080 which I see is substantial. 139 00:07:45,114 --> 00:07:48,283 And your academic skills, which I note are impressive. 140 00:07:48,334 --> 00:07:50,735 I want brilliant people 141 00:07:50,753 --> 00:07:53,238 and I'll take care of the rest. 142 00:07:53,256 --> 00:07:56,958 Wow. That's great, sir. Thank you, sir. 143 00:07:57,009 --> 00:07:58,343 That's all. 144 00:08:00,213 --> 00:08:02,514 Uh... on the other hand, 145 00:08:02,548 --> 00:08:03,932 you could make the argument that 146 00:08:03,966 --> 00:08:05,217 wearing a jacket in the courthouse 147 00:08:05,251 --> 00:08:08,186 is not speech but conduct. 148 00:08:08,221 --> 00:08:09,604 "An absurd and immature antic," 149 00:08:09,639 --> 00:08:11,940 and is therefore not protected by the first amendment. 150 00:08:11,974 --> 00:08:13,692 Now you're just showing off. 151 00:08:15,695 --> 00:08:17,929 Yes, sir. Mr. justice. 152 00:08:21,868 --> 00:08:24,536 Kevin connolly. Hi. How you doing? 153 00:08:24,570 --> 00:08:26,437 Covert Becker the third. 154 00:08:26,455 --> 00:08:27,706 What's your school, connolly? 155 00:08:27,740 --> 00:08:29,908 Missouri. 156 00:08:29,942 --> 00:08:32,878 Sam edelstein. The first. 157 00:08:32,912 --> 00:08:33,912 I have been here 6 months. 158 00:08:33,946 --> 00:08:35,947 Covert here is a second termer. 159 00:08:37,116 --> 00:08:38,917 Guess that makes you the boss. 160 00:08:38,951 --> 00:08:41,670 Oh, I guess it does. 161 00:08:41,721 --> 00:08:44,306 What's with... With all the lights in there? 162 00:08:44,340 --> 00:08:47,142 That's the justice's eyesight, and it's getting worse. 163 00:08:47,176 --> 00:08:48,727 That's you. 164 00:08:48,761 --> 00:08:51,179 Yale, Harvard, Columbia, Chicago. 165 00:08:51,230 --> 00:08:53,464 That's the norm. It's tradition. 166 00:08:53,482 --> 00:08:54,922 I don't believe we've ever had a clerk 167 00:08:54,934 --> 00:08:57,135 from the university of Missouri before. 168 00:08:57,153 --> 00:09:01,489 Yeah, no black clerks, no women clerks. 169 00:09:01,524 --> 00:09:03,575 I guess that's tradition, too. 170 00:09:03,609 --> 00:09:06,828 Great. Another bleeding heart liberal 171 00:09:06,862 --> 00:09:09,447 well, you've landed with the wrong justice, my friend. 172 00:09:09,481 --> 00:09:10,815 Plus, the chief is Nixon's man, 173 00:09:10,833 --> 00:09:12,284 and another conservative has just been 174 00:09:12,318 --> 00:09:13,868 appointed to the court. 175 00:09:13,920 --> 00:09:17,956 Thank you, God, a change is gonna come. 176 00:09:17,990 --> 00:09:19,090 Ow. 177 00:09:20,259 --> 00:09:21,543 Why do you insist on being called 178 00:09:21,594 --> 00:09:22,877 muhammad Ali now? 179 00:09:22,929 --> 00:09:24,763 That's the name given to me by my leading teacher... 180 00:09:24,797 --> 00:09:26,097 The honorable Elijah muhammad. 181 00:09:26,132 --> 00:09:28,466 That's my original name. That's a black man name. 182 00:09:28,500 --> 00:09:31,669 Cassius Clay was my slave name. I'm no longer a slave. 183 00:09:31,687 --> 00:09:32,771 What does it mean? 184 00:09:32,805 --> 00:09:34,672 "Muhammad" means "worthy of all praises" 185 00:09:34,690 --> 00:09:36,942 and "Ali" means "most high." 186 00:09:36,976 --> 00:09:38,610 This will be an organization 187 00:09:38,644 --> 00:09:40,862 that will give the black man in this country 188 00:09:40,896 --> 00:09:43,348 the right to defend himself. 189 00:09:43,366 --> 00:09:46,017 It will encourage him to defend himself, 190 00:09:46,035 --> 00:09:48,370 and it will teach him how to defend himself. 191 00:09:48,404 --> 00:09:51,456 By any means necessary. 192 00:09:51,490 --> 00:09:53,541 This is the regular dance that I use 193 00:09:53,576 --> 00:09:55,327 just before the shuffle. 194 00:09:55,361 --> 00:09:57,495 I'm moving and I'm moving and I'm jumping around 195 00:09:57,530 --> 00:09:59,547 and just before you know it... 196 00:09:59,582 --> 00:10:03,335 A split second right after that shuffle is the big punch. 197 00:10:11,227 --> 00:10:14,429 We are 22 million people 198 00:10:14,480 --> 00:10:16,264 who don't have our names. 199 00:10:16,315 --> 00:10:18,716 We were named after our slave masters. 200 00:10:18,734 --> 00:10:20,885 So teaches the honorable Elijah muhammad. 201 00:10:20,903 --> 00:10:24,239 Once you become free, find out who you are, 202 00:10:24,273 --> 00:10:27,225 then you will start saying. "I am the greatest." 203 00:10:36,502 --> 00:10:38,336 Over there. 204 00:10:45,177 --> 00:10:47,412 Please be certain to escort all the justices 205 00:10:47,430 --> 00:10:49,130 to their designated seats. 206 00:10:49,181 --> 00:10:50,248 Justice Harlan, sir. 207 00:10:50,266 --> 00:10:51,800 I don't want justice Brennan 208 00:10:51,851 --> 00:10:55,586 sliding in beside justice Marshall, for example. 209 00:10:55,604 --> 00:10:56,938 Liberals scheme. 210 00:10:56,972 --> 00:10:58,440 Let's keep them apart, shall we? 211 00:10:58,474 --> 00:11:00,608 Hello, John. Chief. 212 00:11:00,643 --> 00:11:02,477 Petrus, I hear your daughter 213 00:11:02,528 --> 00:11:03,728 graduated cum laude. 214 00:11:03,762 --> 00:11:05,313 Indeed she did, Mr. justice. 215 00:11:05,364 --> 00:11:06,398 That's wonderful. 216 00:11:06,432 --> 00:11:08,099 Please congratulate her on my behalf. 217 00:11:08,117 --> 00:11:09,200 I will. Thank you, sir. 218 00:11:09,235 --> 00:11:11,315 Let's walk over together, shall we, John? 219 00:11:14,457 --> 00:11:16,074 Oh. Thank you. 220 00:11:18,944 --> 00:11:21,162 I have big plans for the court this year. 221 00:11:21,213 --> 00:11:23,081 Oh? During my first year, 222 00:11:23,115 --> 00:11:24,332 it became quite clear to me 223 00:11:24,383 --> 00:11:26,000 there was something wrong with the design 224 00:11:26,052 --> 00:11:27,385 of the courtroom bench. 225 00:11:27,420 --> 00:11:29,754 We're all seated straight in a line. 226 00:11:29,788 --> 00:11:30,722 We can't hear each other. 227 00:11:30,756 --> 00:11:31,789 We can't see each other. 228 00:11:31,807 --> 00:11:33,458 It's terrible acoustics. 229 00:11:33,476 --> 00:11:34,726 Here's my solution. 230 00:11:34,760 --> 00:11:36,627 I'm going to curve the bench. Ah. 231 00:11:36,645 --> 00:11:38,430 You see, that way, we can see each other. 232 00:11:38,464 --> 00:11:40,231 We can hear each other. 233 00:11:40,266 --> 00:11:41,933 And it's going to prevent Hugo 234 00:11:41,967 --> 00:11:43,401 from shouting out, 235 00:11:43,436 --> 00:11:45,019 "pardon me? Pardon me?" 236 00:11:45,071 --> 00:11:47,439 Every 10 minutes, eh? 237 00:11:47,473 --> 00:11:49,157 That's a very good idea, Warren. 238 00:11:49,191 --> 00:11:52,360 Yes, as it was mine, I thought it was very good. 239 00:11:54,330 --> 00:11:56,081 Sir, sir, if you please. 240 00:11:56,115 --> 00:11:57,532 You're seated there, sir. 241 00:12:05,458 --> 00:12:08,376 One black man, 8 white men, 242 00:12:08,427 --> 00:12:10,595 average age 71. 243 00:12:15,968 --> 00:12:19,938 Gentlemen, please join me in welcoming Harry to the court. 244 00:12:19,972 --> 00:12:21,890 Aw. Welcome, Harry. 245 00:12:21,941 --> 00:12:23,341 Cheers, Harry. Welcome. 246 00:12:24,977 --> 00:12:26,511 Harry blackmun and Warren burger. 247 00:12:26,529 --> 00:12:27,479 The Minnesota twins. 248 00:12:27,513 --> 00:12:28,696 They grew up together. 249 00:12:28,731 --> 00:12:30,982 When burger got married, blackmun was his best man. 250 00:12:31,016 --> 00:12:32,033 That's why Nixon appointed him. 251 00:12:32,067 --> 00:12:33,651 He's gonna vote with burger every time. 252 00:12:33,685 --> 00:12:34,986 Hip-pocket Harry. 253 00:12:36,906 --> 00:12:39,657 When president Nixon nominated my friend Warren 254 00:12:39,708 --> 00:12:41,209 chief justice, 255 00:12:41,243 --> 00:12:43,694 a staunch defender of our constitution, 256 00:12:43,712 --> 00:12:45,914 I thought he couldn't have made a better choice, 257 00:12:45,965 --> 00:12:47,882 and his first year on the court 258 00:12:47,917 --> 00:12:50,868 has proven the president correct. 259 00:12:50,886 --> 00:12:53,888 To Warren. To Warren. Hear, hear, Warren. 260 00:12:53,923 --> 00:12:57,225 I don't know. What presidents expect of their justices 261 00:12:57,259 --> 00:12:59,210 and what those justices deliver 262 00:12:59,228 --> 00:13:01,212 can be two very different things. 263 00:13:09,221 --> 00:13:11,689 Better get started, boys. 264 00:13:11,723 --> 00:13:14,058 There's more on the way. 265 00:13:14,076 --> 00:13:16,411 I got a threesome here, guys. 266 00:13:16,445 --> 00:13:18,396 3 chicks. 267 00:13:18,414 --> 00:13:20,031 Wait, what's that about? 268 00:13:20,065 --> 00:13:21,866 Porno cases. 269 00:13:21,900 --> 00:13:23,568 Every Friday afternoon, the justices 270 00:13:23,586 --> 00:13:26,788 sneak down to the basement to watch dirty movies. 271 00:13:26,839 --> 00:13:27,672 They're looking for a case to hear 272 00:13:27,706 --> 00:13:29,207 so they can test the obscenity laws. 273 00:13:29,241 --> 00:13:32,010 But it's more an excuse to have a good time. 274 00:13:32,044 --> 00:13:36,747 Hey. Clay, a.K.A. Ali, versus the United States of America. 275 00:13:36,765 --> 00:13:38,633 Oh, the draft dodger. 276 00:13:38,684 --> 00:13:39,917 Isn't he in jail yet? 277 00:13:39,935 --> 00:13:42,437 Hey. Ali's back up the ladder! 278 00:13:42,471 --> 00:13:43,605 Float like a butterfly, 279 00:13:43,639 --> 00:13:45,880 sting like a bee! 280 00:13:46,358 --> 00:13:47,692 Justice Brennan, sir. 281 00:13:51,280 --> 00:13:54,432 Ooh. I was not expecting this. Not at all. 282 00:13:54,450 --> 00:13:57,268 But sir, this case has already been before the court, hasn't it? 283 00:13:57,286 --> 00:13:59,070 It was turned down flat. 284 00:13:59,104 --> 00:14:02,240 I was the only one who voted to hear this case. 285 00:14:02,274 --> 00:14:05,276 They told me I was off on a cloud. 286 00:14:05,294 --> 00:14:07,412 It was sent back down to a lower court. 287 00:14:07,446 --> 00:14:09,380 So, why is it back up? 288 00:14:09,415 --> 00:14:11,416 Ali's lawyers challenged the lower court hearing. 289 00:14:11,450 --> 00:14:14,302 He's free to appeal again. 290 00:14:15,954 --> 00:14:17,955 Operation stealth attack. 291 00:14:17,973 --> 00:14:19,841 Go find out what the others are thinking 292 00:14:19,892 --> 00:14:22,260 and report back to me. 293 00:14:22,294 --> 00:14:26,097 I'm guessing Hugo black and bill Douglas will be on our side. 294 00:14:26,131 --> 00:14:28,766 Don't bother with the chief and Harry blackmun. 295 00:14:28,800 --> 00:14:30,801 We know what position they'll take. 296 00:14:30,819 --> 00:14:34,405 These days, Ali's a hero for taking a stand. 297 00:14:34,440 --> 00:14:36,307 People are not going to like it 298 00:14:36,325 --> 00:14:38,159 if we send him to jail. 299 00:14:39,194 --> 00:14:41,696 This time around, let's see who's 300 00:14:41,747 --> 00:14:44,198 off on a cloud. 301 00:14:44,250 --> 00:14:45,750 Ha ha ha. 302 00:14:45,784 --> 00:14:46,284 ¶ 303 00:14:51,707 --> 00:14:55,510 how can a man, any man, regardless of color, 304 00:14:55,544 --> 00:14:58,379 turn around when he is called to serve for his country 305 00:14:58,430 --> 00:15:00,465 and say, "hell, no, I won't go"? 306 00:15:00,499 --> 00:15:03,768 It's the white house, sir. 307 00:15:03,802 --> 00:15:04,886 Thank you, Janet. 308 00:15:04,937 --> 00:15:08,306 ¶ 309 00:15:08,340 --> 00:15:09,724 chief justice burger here. 310 00:15:11,360 --> 00:15:13,528 Mr. president. 311 00:15:13,562 --> 00:15:15,897 I just don't think I should go 10,000 Miles 312 00:15:15,948 --> 00:15:17,188 and shoot some black people that 313 00:15:17,199 --> 00:15:19,484 never called me nigger, never lynched me, 314 00:15:19,518 --> 00:15:22,353 never put dogs on me, never raped my mama, 315 00:15:22,371 --> 00:15:24,489 enslave me and deprive me of freedom. 316 00:15:24,523 --> 00:15:26,291 You refused go and fight in Vietnam. 317 00:15:26,325 --> 00:15:28,693 Was it because you disagree with the war in Vietnam? 318 00:15:28,711 --> 00:15:30,662 Or because you disagree with fighting generally? 319 00:15:30,696 --> 00:15:32,863 I believe in the holy quran. 320 00:15:32,881 --> 00:15:35,249 It says we who declare ourselves to be righteous muslims 321 00:15:35,301 --> 00:15:37,135 will not take parts in no wars. 322 00:15:37,169 --> 00:15:38,129 No way, fashion, or form 323 00:15:38,137 --> 00:15:39,554 which take the lives of other humans 324 00:15:39,588 --> 00:15:41,923 unless it's a holy war declared by God himself. 325 00:15:41,974 --> 00:15:43,224 Do you think there's anything wrong 326 00:15:43,258 --> 00:15:45,643 in someone like Cassius Clay, muhammad Ali, 327 00:15:45,678 --> 00:15:46,894 in refusing induction? 328 00:15:46,929 --> 00:15:48,879 Yes, sir. I certainly do. Why? 329 00:15:48,897 --> 00:15:50,898 Because he's no better than the rest of us. 330 00:15:54,603 --> 00:15:56,020 You look very pale. 331 00:15:56,054 --> 00:15:57,655 Do I? 332 00:15:57,690 --> 00:15:59,157 How's the pain? 333 00:15:59,191 --> 00:16:01,492 I'm all right. Better, I think. 334 00:16:01,527 --> 00:16:02,660 Have you called Abe? 335 00:16:02,695 --> 00:16:04,895 Not yet. 336 00:16:04,913 --> 00:16:06,831 If you don't, I will. 337 00:16:06,865 --> 00:16:08,583 I think I'm quite capable 338 00:16:08,617 --> 00:16:10,368 of calling my own doctor. 339 00:16:10,402 --> 00:16:11,869 Then what's stopping you? 340 00:16:13,789 --> 00:16:16,240 Jk-5 0-1-8-9. 341 00:16:24,550 --> 00:16:25,050 ¶ 342 00:16:35,694 --> 00:16:37,111 I'm so, so, so sorry. 343 00:16:37,146 --> 00:16:40,231 I just couldn't get away. I'm sorry. 344 00:16:40,265 --> 00:16:43,284 I'm sorry. Hey, buddy. 345 00:16:43,318 --> 00:16:44,819 Welcome to DC. 346 00:16:44,870 --> 00:16:46,037 It's a new suit. 347 00:16:46,071 --> 00:16:47,872 Yeah. You don't like it? 348 00:16:47,906 --> 00:16:49,991 It's very snazzy. Why, thank you. 349 00:16:50,042 --> 00:16:51,876 Not sure about the color, though. 350 00:16:51,910 --> 00:16:54,462 Come on! 351 00:16:54,496 --> 00:16:57,114 I'm sorry. Is he kicking? 352 00:16:57,132 --> 00:16:59,384 Kevin, she's only 12 weeks. 353 00:16:59,418 --> 00:17:02,470 It's a little too early. Yeah. 354 00:17:02,504 --> 00:17:04,722 I missed you. 355 00:17:04,757 --> 00:17:05,257 ¶ 356 00:17:22,324 --> 00:17:24,659 even my critics don't agree with them. 357 00:17:24,693 --> 00:17:27,311 Because you just can't take a man's title out of the ring. 358 00:17:27,329 --> 00:17:28,646 You gotta... 359 00:17:28,664 --> 00:17:31,482 It's never been done in history, and, uh... 360 00:17:31,500 --> 00:17:33,951 All type moves have been made against me 361 00:17:33,985 --> 00:17:37,038 that's never been made before in the history of boxing. 362 00:17:37,089 --> 00:17:41,426 And the only way they can take my title will be in the ring. 363 00:17:41,460 --> 00:17:42,700 And I've been telling the world 364 00:17:42,711 --> 00:17:45,763 for the past 4 years that I'm... 365 00:17:47,332 --> 00:17:48,716 Thank you, Mr. justice, sir. 366 00:17:48,767 --> 00:17:50,184 Morning. Morning. 367 00:17:55,724 --> 00:17:57,642 Second floor, my man. 368 00:17:57,676 --> 00:18:00,027 Yowsa, yowsa, yowsa. 369 00:18:03,282 --> 00:18:06,868 Ahh. Larry. Do you mind? 370 00:18:08,370 --> 00:18:11,906 Ahh. Shouldn't smoke, Larry. 371 00:18:14,126 --> 00:18:15,993 Uh, sir, I'm Stephen. 372 00:18:16,027 --> 00:18:17,194 Stephen blacher. 373 00:18:17,212 --> 00:18:19,130 Larry left at the end of last term. 374 00:18:20,632 --> 00:18:25,753 Oh. So he did. Hmm. 375 00:18:26,805 --> 00:18:28,222 I stand corrected. 376 00:18:33,729 --> 00:18:35,880 John, you haven't said anything. 377 00:18:35,898 --> 00:18:37,214 How is your back? 378 00:18:37,232 --> 00:18:41,235 Potter, I have a sacroiliac 379 00:18:41,270 --> 00:18:43,554 joint dysfunction. 380 00:18:43,572 --> 00:18:46,440 One leg longer than the other. 381 00:18:46,492 --> 00:18:50,227 Apparently. 382 00:18:50,245 --> 00:18:51,245 Surgery then? 383 00:18:51,280 --> 00:18:53,581 Not yet. 384 00:18:53,615 --> 00:18:55,535 Back support, shoe lifts, 385 00:18:55,567 --> 00:18:58,169 pain medication, for the time being. 386 00:19:00,255 --> 00:19:02,173 You know, the other day, 387 00:19:02,207 --> 00:19:04,675 I decided to compute how many boiled eggs 388 00:19:04,743 --> 00:19:06,544 I've eaten in my life. 389 00:19:07,763 --> 00:19:10,247 Two a day for about 60 years. 390 00:19:11,717 --> 00:19:13,467 You know how many that is? 391 00:19:13,519 --> 00:19:15,052 No. 392 00:19:15,086 --> 00:19:17,087 44,000, give or take. 393 00:19:19,358 --> 00:19:20,892 That's a staggering amount. 394 00:19:22,194 --> 00:19:25,980 It's disgusting. Yes, it is. Ha! 395 00:19:28,767 --> 00:19:29,934 Justice white. 396 00:19:29,952 --> 00:19:32,870 Covert, marshal the troops. 397 00:19:32,905 --> 00:19:34,905 See you on the court in 10. 398 00:19:35,407 --> 00:19:37,107 Yes, sir, Mr. justice. 399 00:19:50,472 --> 00:19:52,557 6-1! Mr. justice, that's not legal. 400 00:19:52,591 --> 00:19:54,475 You took 4 steps and that was a foul. 401 00:19:54,509 --> 00:19:55,643 Says who? 402 00:19:56,929 --> 00:19:59,096 Your boss is a cheat. 403 00:19:59,130 --> 00:20:00,514 A supreme court justice! 404 00:20:00,566 --> 00:20:01,726 You tell him, Becker. 405 00:20:06,638 --> 00:20:08,823 My boy teaching you the ropes? 406 00:20:08,857 --> 00:20:09,907 Of course I am, sir. 407 00:20:09,942 --> 00:20:11,576 It's pretty overwhelming, sir. 408 00:20:11,610 --> 00:20:13,828 There's a lot to take in. 409 00:20:13,862 --> 00:20:16,146 Go for the joog-ular. 410 00:20:16,164 --> 00:20:17,582 The what, sir? 411 00:20:17,616 --> 00:20:21,202 J.U.G.U.L.A.R. Joog-ular. 412 00:20:21,253 --> 00:20:22,837 In these 4 walls, 413 00:20:22,871 --> 00:20:25,423 it's the only way to be heard. 414 00:20:25,457 --> 00:20:29,994 They call us justices 9 scorpions in a bottle. 415 00:20:32,297 --> 00:20:34,215 Who's the heavyweight champion of the world? 416 00:20:37,636 --> 00:20:40,187 One more time. We don't want no excuses. 417 00:20:40,222 --> 00:20:43,024 They may say the film was bad or the camera was broke. 418 00:20:43,058 --> 00:20:45,226 One more time, who's the champ of the world? 419 00:20:47,896 --> 00:20:50,731 A very controversial musical play with a controversial star 420 00:20:50,782 --> 00:20:52,542 recently stirred up, as you remember, 421 00:20:52,567 --> 00:20:55,069 the Broadway audience and critics. 422 00:20:55,120 --> 00:20:57,455 Here's the world famous heavyweight champion 423 00:20:57,489 --> 00:21:01,358 muhammad Ali Cassius Clay in a scene from that play, 424 00:21:01,376 --> 00:21:04,194 "buck white," so let's have a fine reception for him. 425 00:21:04,212 --> 00:21:06,397 ¶ 426 00:21:12,387 --> 00:21:18,375 ¶ We came in chains, we came in misery ¶ 427 00:21:18,393 --> 00:21:20,094 Do you think you'd have an easier time 428 00:21:20,145 --> 00:21:22,263 if you weren't a black Muslim? 429 00:21:22,314 --> 00:21:26,017 No, sir. Not black Muslim, it's Muslim. 430 00:21:26,051 --> 00:21:27,935 I think I would have a harder time 431 00:21:27,986 --> 00:21:29,053 if I wasn't a Muslim. 432 00:21:29,071 --> 00:21:30,404 I might be dead now 433 00:21:30,439 --> 00:21:34,725 from forcing integrating and marrying out of my own race, 434 00:21:34,743 --> 00:21:37,895 and drinking and smoking and laying around bars, 435 00:21:37,913 --> 00:21:38,896 catch a flying bullet. 436 00:21:38,914 --> 00:21:40,498 If it wasn't for the Muslim teaching, 437 00:21:40,532 --> 00:21:41,749 I'd be in bad shape. 438 00:21:41,783 --> 00:21:45,903 I'd be just another, what we call "bum negro fighter." 439 00:21:45,921 --> 00:21:46,421 ¶ 440 00:21:57,099 --> 00:21:59,139 uh, it's in alphabetical order, sir, 441 00:21:59,184 --> 00:22:02,636 descending, Clay, a.K.A. Ali, 442 00:22:02,688 --> 00:22:07,358 Cohen v. California, Phillips v. Marietta... 443 00:22:07,392 --> 00:22:08,392 Which one's that? 444 00:22:08,426 --> 00:22:09,360 Mother, young children, 445 00:22:09,394 --> 00:22:10,861 the company refused to hire her. 446 00:22:10,896 --> 00:22:11,979 Oh, yes-yes-yes. 447 00:22:12,030 --> 00:22:13,270 I know you don't agree, but I've 448 00:22:13,281 --> 00:22:15,866 included my brief on Ali. 449 00:22:15,901 --> 00:22:18,819 You're damn right I don't agree. 450 00:22:18,870 --> 00:22:20,871 You're out of line, Henry. 451 00:22:20,906 --> 00:22:23,574 Nobody in my office should tell me how to vote. 452 00:22:25,994 --> 00:22:28,445 I'd fire the lot of you, 453 00:22:28,463 --> 00:22:29,663 but you're all so incompetent 454 00:22:29,715 --> 00:22:32,416 you'd have trouble finding another job. 455 00:22:32,450 --> 00:22:34,135 Do you mean, sir, you'd be prepared 456 00:22:34,169 --> 00:22:36,921 to read, assess, comment, advise, 457 00:22:36,955 --> 00:22:38,923 draft majority opinions, dissents, 458 00:22:38,957 --> 00:22:41,092 draft concurrences, bench and post-oral 459 00:22:41,126 --> 00:22:42,676 arguments yourself? 460 00:22:42,728 --> 00:22:43,644 Sure. 461 00:22:43,678 --> 00:22:44,178 ¶ 462 00:22:51,269 --> 00:22:52,269 John, can I help you with those? 463 00:22:52,303 --> 00:22:53,487 No, thanks. I'm fine. 464 00:22:53,522 --> 00:22:57,191 On Clay, a.K.A. Ali, 465 00:22:57,242 --> 00:22:58,859 my boys button-holed your boys. 466 00:22:58,910 --> 00:22:59,991 None of us can get a handle 467 00:22:59,995 --> 00:23:01,112 on how you're gonna vote. 468 00:23:01,146 --> 00:23:03,280 Uh-huh. Well, that's for me to know 469 00:23:03,314 --> 00:23:04,331 and you to find out. 470 00:23:04,366 --> 00:23:06,584 Aw, come on. I can't stand the suspense. 471 00:23:09,154 --> 00:23:11,155 He was the first person to say, "don't rush into a decision." 472 00:23:11,173 --> 00:23:13,040 He's been very kind. He's been very understanding. 473 00:23:13,091 --> 00:23:14,542 In his own way... 474 00:23:14,593 --> 00:23:17,661 Mr. justice, it's time for conference. 475 00:23:18,997 --> 00:23:20,957 You better get going, sir. 476 00:23:37,032 --> 00:23:39,867 Well, I suppose we should start without him. 477 00:23:39,901 --> 00:23:41,285 Yet again. 478 00:23:44,239 --> 00:23:45,999 Phillips v. Marietta. 479 00:23:48,210 --> 00:23:51,195 Now, the woman they wouldn't hire had preschool children. 480 00:23:51,213 --> 00:23:53,214 How could she hold down a job? 481 00:23:53,248 --> 00:23:54,715 That's for her to decide. 482 00:23:54,749 --> 00:23:57,251 Well, as far as I'm concerned, 483 00:23:57,302 --> 00:23:58,335 an employer can hire... 484 00:23:58,369 --> 00:23:59,753 What's shakin', chiefy baby? 485 00:23:59,805 --> 00:24:02,006 Oh. We started without you, thurgood. 486 00:24:02,040 --> 00:24:04,091 We're on Phillips v. Marietta. 487 00:24:04,142 --> 00:24:06,310 Hi. Hey. As I was saying, 488 00:24:06,344 --> 00:24:07,211 as far as I'm concerned, 489 00:24:07,229 --> 00:24:09,046 an employer can hire whoever he wants 490 00:24:09,064 --> 00:24:11,065 and for whatever reasons. 491 00:24:11,099 --> 00:24:13,050 That is the boss's prerogative. 492 00:24:13,068 --> 00:24:17,521 Now, I'd like to hear why we should hear this case. 493 00:24:17,555 --> 00:24:20,658 It's discrimination on the basis of sex. 494 00:24:22,027 --> 00:24:24,445 Your position amounts to a declaration that 495 00:24:24,496 --> 00:24:28,949 part of the civil rights act is unconstitutional. 496 00:24:30,952 --> 00:24:32,402 With all respect, thurgood, 497 00:24:32,420 --> 00:24:34,622 I don't want to argue legal niceties. 498 00:24:34,673 --> 00:24:35,923 You never do. 499 00:24:38,877 --> 00:24:41,679 My first clerk back in '56 500 00:24:41,713 --> 00:24:43,797 at the court of appeals was a woman. 501 00:24:43,849 --> 00:24:45,599 She had young children, 502 00:24:45,634 --> 00:24:48,252 and she had to leave every evening at 6:00. 503 00:24:48,270 --> 00:24:50,420 She had to go home. She had to cook dinner. 504 00:24:50,438 --> 00:24:52,022 Didn't work out well at all. 505 00:25:00,732 --> 00:25:03,400 Well, I see you all have different opinions. 506 00:25:03,434 --> 00:25:06,403 All right. Why don't we take a vote? 507 00:25:26,474 --> 00:25:30,261 Clay, a.K.A. Ali, v. The United States. 508 00:25:30,295 --> 00:25:31,628 This is a waste of the court's time. 509 00:25:31,646 --> 00:25:33,597 No one wants to hear this case. 510 00:25:33,631 --> 00:25:36,016 Excuse me, chief, I want to hear the case. 511 00:25:36,067 --> 00:25:38,302 And I'll tell you why. 512 00:25:38,320 --> 00:25:40,738 Ali never backed down from his beliefs. 513 00:25:40,772 --> 00:25:43,023 He took the consequences 514 00:25:43,074 --> 00:25:44,108 of refusing induction. 515 00:25:44,142 --> 00:25:46,277 Bill, you can't slow us down on this. 516 00:25:46,311 --> 00:25:48,812 We have a very heavy load of cases to consider today. 517 00:25:48,830 --> 00:25:51,916 He took the consequences. He lost his title. 518 00:25:51,950 --> 00:25:54,818 He gave up almost 3 years in his prime, 519 00:25:54,836 --> 00:25:56,787 millions of dollars so that he could stand up 520 00:25:56,821 --> 00:25:59,006 for what his conscience told him was right. 521 00:25:59,040 --> 00:26:00,991 He's clearly a man of great principle. 522 00:26:01,009 --> 00:26:02,760 The court is always on dangerous ground 523 00:26:02,794 --> 00:26:06,263 when it decides cases according to the justices' own views. 524 00:26:06,298 --> 00:26:07,998 Which one of us is free of those, John? 525 00:26:08,016 --> 00:26:11,668 I think it's terribly important that we exercise self-restraint. 526 00:26:11,686 --> 00:26:13,187 I think it's also important 527 00:26:13,221 --> 00:26:14,671 that we express what we believe. 528 00:26:14,689 --> 00:26:16,640 Ahh. I'm out of here. 529 00:26:16,674 --> 00:26:19,343 There's clearly going to be a vote. 530 00:26:19,361 --> 00:26:21,845 I'm recusing myself. 531 00:26:21,863 --> 00:26:23,280 I was the solicitor general 532 00:26:23,315 --> 00:26:25,616 at the time of Ali's conviction. 533 00:26:25,650 --> 00:26:28,235 I hate the nation of islam, Elijah muhammad, 534 00:26:28,286 --> 00:26:31,521 and his bunch of thugs and gangsters 535 00:26:31,539 --> 00:26:33,874 organized from the jail. 536 00:26:33,908 --> 00:26:37,294 They preach racial segregation. 537 00:26:37,329 --> 00:26:40,247 I am an integrationist. 538 00:26:42,250 --> 00:26:42,750 ¶ 539 00:26:58,149 --> 00:27:01,602 I was born in 1908, 540 00:27:01,653 --> 00:27:02,603 the year Jack Johnson 541 00:27:02,654 --> 00:27:04,574 knocked out Tommy byrnes. 542 00:27:05,824 --> 00:27:09,076 Oh, yeah, a negro 543 00:27:09,110 --> 00:27:12,613 was the heavyweight champion of the world. 544 00:27:12,664 --> 00:27:14,865 What happened the very next day? 545 00:27:18,586 --> 00:27:20,506 They went out looking for 546 00:27:20,538 --> 00:27:22,379 the great white hope... 547 00:27:24,542 --> 00:27:26,383 To take back the title. 548 00:27:30,799 --> 00:27:34,018 There were race riots in Springfield, Illinois, 549 00:27:34,052 --> 00:27:35,772 the home of Abraham Lincoln. 550 00:27:38,139 --> 00:27:43,811 89 negroes... Were lynched that year. 551 00:27:43,862 --> 00:27:44,362 ¶ 552 00:28:00,879 --> 00:28:04,081 to qualify for conscientious objector status, 553 00:28:04,115 --> 00:28:06,467 you have to satisfy 3 basic requirements. 554 00:28:06,501 --> 00:28:09,219 We know what they are. I shall quote them. 555 00:28:09,254 --> 00:28:13,640 One, you must be conscientiously opposed to war in any form. 556 00:28:13,675 --> 00:28:16,009 Two, your opposition must be based on 557 00:28:16,061 --> 00:28:17,961 religious training and belief. 558 00:28:17,979 --> 00:28:21,565 Three, you must show your objection is sincere. 559 00:28:24,269 --> 00:28:25,352 Hugo! 560 00:28:26,488 --> 00:28:28,856 Hmm? No need to shout, Warren. 561 00:28:28,907 --> 00:28:30,190 I'm listening. 562 00:28:30,241 --> 00:28:32,526 Gentlemen, I'm wondering if, in the future, we might not 563 00:28:32,577 --> 00:28:34,111 end these sessions a bit earlier. 564 00:28:34,145 --> 00:28:36,196 Well, we can hardly get through the case load as it is. 565 00:28:36,247 --> 00:28:37,498 It doesn't make much sense. 566 00:28:37,532 --> 00:28:40,417 Hugo is 83 years old. He's not in the best of health. 567 00:28:40,452 --> 00:28:44,488 I may be slowing up, but I am not dead yet. 568 00:28:45,990 --> 00:28:50,010 Shh. Are they still in there? 569 00:28:50,044 --> 00:28:54,181 My God. These sessions take forever. 570 00:28:54,215 --> 00:28:55,265 Yeah, Brennan won't let them out 571 00:28:55,300 --> 00:28:56,550 until they hear the Ali case. 572 00:28:56,601 --> 00:28:58,802 You'll see... 5 votes to 3, they'll hear it. 573 00:28:58,836 --> 00:29:02,473 Really? 5 votes to 3, they won't. 574 00:29:03,441 --> 00:29:06,393 Anybody? Come on. 575 00:29:06,444 --> 00:29:08,362 It's 5 to 3, they won't. Here you go. 576 00:29:08,396 --> 00:29:10,731 6 votes to two, they won't. 577 00:29:10,782 --> 00:29:12,399 You're an idiot, Scott. 578 00:29:12,450 --> 00:29:13,531 Brennan, black, and Douglas 579 00:29:13,535 --> 00:29:14,902 are gonna vote to hear the case. 580 00:29:14,953 --> 00:29:17,621 You're right. Ok, 5 votes to 3 for Ali. 581 00:29:17,655 --> 00:29:19,123 You can't flip your bet, man. 582 00:29:19,157 --> 00:29:20,874 Come on. You already gave me your money. 583 00:29:22,693 --> 00:29:23,877 All right, it's a squeaker. 584 00:29:23,912 --> 00:29:25,129 But 4 votes to hear the case, 585 00:29:25,163 --> 00:29:26,413 Brennan, black, and Douglas, 586 00:29:26,464 --> 00:29:29,366 and I got a hunch Stewart's gonna vote with them. 587 00:29:29,384 --> 00:29:31,168 I got a hunch he won't. 588 00:29:31,202 --> 00:29:33,203 To file for conscientious objector status, 589 00:29:33,221 --> 00:29:34,221 you have to be a member of 590 00:29:34,255 --> 00:29:36,306 an organized religion or sect. 591 00:29:36,341 --> 00:29:40,928 The nation of islam? What is that? 592 00:29:40,979 --> 00:29:43,347 Let's just take the vote and move on, please. 593 00:29:43,381 --> 00:29:45,182 Look, I know where most of you stand. 594 00:29:45,216 --> 00:29:48,018 I don't expect the court to find for Ali, 595 00:29:48,052 --> 00:29:49,069 but at the very least, 596 00:29:49,103 --> 00:29:51,405 I think we should grant a hearing. 597 00:29:51,439 --> 00:29:52,940 If we imprison 598 00:29:52,991 --> 00:29:55,576 such a high-profile war dissenter 599 00:29:55,610 --> 00:29:57,578 without granting him the full protection 600 00:29:57,612 --> 00:29:59,580 of the legal process, 601 00:29:59,614 --> 00:30:01,014 it could be seen that the government 602 00:30:01,032 --> 00:30:03,333 prosecuted the case on a political basis. 603 00:30:03,368 --> 00:30:04,734 Stuff and nonsense. 604 00:30:04,752 --> 00:30:06,503 - Say what, chief? - Bill? 605 00:30:06,538 --> 00:30:08,755 You know my position. 606 00:30:08,790 --> 00:30:11,959 If the court won't rule on the legality of the war, 607 00:30:12,010 --> 00:30:15,045 let's at least rule on this case. 608 00:30:15,079 --> 00:30:16,597 At least two. 609 00:30:16,631 --> 00:30:18,015 Harry? 610 00:30:18,049 --> 00:30:20,684 This is a very complex case. 611 00:30:20,718 --> 00:30:23,437 Does Ali satisfy the 3 tenets 612 00:30:23,471 --> 00:30:25,556 of conscientious objector status? 613 00:30:25,590 --> 00:30:27,024 I need more time to look at this. 614 00:30:27,058 --> 00:30:28,225 Oh, for God's sake. 615 00:30:28,259 --> 00:30:30,694 Harry, you can't agonize over this any longer. 616 00:30:30,728 --> 00:30:32,729 You just have to vote. 617 00:30:32,763 --> 00:30:34,781 If you insist, but you're bullying me into this. 618 00:30:34,816 --> 00:30:37,484 On the face of it, I don't think Ali has a case. 619 00:30:38,436 --> 00:30:39,987 Byron? 620 00:30:40,038 --> 00:30:42,155 I agree with the chief. 621 00:30:42,207 --> 00:30:44,441 This case is a waste of our time. 622 00:30:44,459 --> 00:30:46,577 I don't even know why we're discussing it. 623 00:30:46,611 --> 00:30:47,711 Denied. 624 00:30:49,280 --> 00:30:51,215 Hugo? 625 00:30:51,249 --> 00:30:53,250 I was against world war ii 626 00:30:53,284 --> 00:30:54,618 until pearl harbor, 627 00:30:54,636 --> 00:30:56,953 against the Korean war start to finish, 628 00:30:56,971 --> 00:30:59,756 and against the Vietnam war from the start. 629 00:30:59,790 --> 00:31:01,291 A waste. A mistake. 630 00:31:01,309 --> 00:31:03,727 We're paying a high price for that. 631 00:31:03,761 --> 00:31:05,679 Hugo, what is your vote? 632 00:31:05,730 --> 00:31:07,764 We should hear the case, goddamn it. 633 00:31:07,798 --> 00:31:09,633 Didn't you hear what I just said? 634 00:31:09,651 --> 00:31:11,101 That's 3. 635 00:31:13,137 --> 00:31:14,804 Potter? 636 00:31:14,822 --> 00:31:17,107 I think Ali should get his day in court. 637 00:31:17,141 --> 00:31:18,158 I vote to grant. 638 00:31:18,192 --> 00:31:23,247 And 4. Ha! No one wants to hear the case, huh? 639 00:31:23,281 --> 00:31:24,865 You got that one wrong, chief. 640 00:31:24,916 --> 00:31:26,650 Well, all this wouldn't have happened 641 00:31:26,668 --> 00:31:30,254 if the petitioner had not been muhammad Ali. 642 00:31:30,288 --> 00:31:32,289 That's right. We are hearing the case 643 00:31:32,323 --> 00:31:35,375 because the petitioner is muhammad Ali. 644 00:31:35,426 --> 00:31:35,926 ¶ 645 00:31:42,100 --> 00:31:44,718 4-4. 646 00:31:44,769 --> 00:31:45,686 What'd he say? 647 00:31:45,720 --> 00:31:46,220 ¶ 648 00:31:53,111 --> 00:31:55,312 all right, gentlemen, you've got your 4 votes. 649 00:31:55,346 --> 00:31:57,026 The case will be heard. 650 00:31:57,865 --> 00:31:59,283 But it takes 5 to overturn. 651 00:31:59,317 --> 00:32:01,118 Yeah, where's that fifth vote coming from? 652 00:32:01,152 --> 00:32:02,686 Justice, sir. Good afternoon, sir. 653 00:32:02,704 --> 00:32:03,204 ¶ 654 00:32:09,043 --> 00:32:11,044 Sir? What was the vote on Ali? 655 00:32:11,079 --> 00:32:12,529 We're going to hear the case, 656 00:32:12,547 --> 00:32:14,197 lord only knows why. 657 00:32:14,215 --> 00:32:17,200 Bill Brennan's doing. He politics his way around everything. 658 00:32:18,920 --> 00:32:20,304 On Phillips vs. Marietta, 659 00:32:20,338 --> 00:32:22,506 I want you to draft an opinion 660 00:32:22,540 --> 00:32:24,891 that under the civil rights act, 661 00:32:24,926 --> 00:32:28,261 an employer may not, in the absence of business necessity, 662 00:32:28,313 --> 00:32:31,598 refuse to hire a woman with children of pre-school age. 663 00:32:31,649 --> 00:32:34,101 Sir, that's not what you told us before conference. 664 00:32:34,152 --> 00:32:35,832 You said the employer was within his rights 665 00:32:35,853 --> 00:32:37,053 not to hire the woman. 666 00:32:37,071 --> 00:32:38,071 You said you were upholding. 667 00:32:38,106 --> 00:32:40,490 That was a tentative vote. 668 00:32:40,525 --> 00:32:42,565 Petrus, did you get hold of the court plans? 669 00:32:42,577 --> 00:32:44,937 They're on your desk, sir. Thank you. 670 00:32:46,831 --> 00:32:49,449 He just changed his vote, just like that? 671 00:32:49,500 --> 00:32:51,702 There's no mileage in voting with the minority. 672 00:32:51,736 --> 00:32:53,120 If he votes with the majority, he gets 673 00:32:53,171 --> 00:32:56,039 to assign the opinion, or write it himself. 674 00:32:56,073 --> 00:32:57,574 Complaining about bill Brennan. 675 00:32:57,592 --> 00:32:58,592 He's got a nerve. 676 00:32:58,626 --> 00:33:00,510 Chief is always pulling the strings. 677 00:33:00,545 --> 00:33:02,295 Do not underestimate him. 678 00:33:04,882 --> 00:33:06,383 Hold all my calls, please. 679 00:33:16,027 --> 00:33:16,527 ¶ 680 00:33:20,314 --> 00:33:22,274 It's Friday night. 681 00:33:23,484 --> 00:33:25,786 Why aren't you at home with your wife? 682 00:33:25,820 --> 00:33:28,155 Oh, she's used to it, sir. 683 00:33:28,206 --> 00:33:29,740 I just need to catch up a little bit. 684 00:33:29,774 --> 00:33:32,325 No, no. This is important. 685 00:33:32,377 --> 00:33:34,697 You must take every moment you can. 686 00:33:35,246 --> 00:33:38,007 Pack up. I'll give you a ride home. 687 00:33:46,474 --> 00:33:48,225 Sir, would you like me to drive? 688 00:33:48,259 --> 00:33:52,312 New lenses. It takes a while to adjust. 689 00:33:52,346 --> 00:33:54,826 You and Donna free on Sunday for lunch? 690 00:33:57,568 --> 00:33:59,469 Sir, please let me drive. 691 00:33:59,487 --> 00:34:01,354 12:30 or 1 suit you? 692 00:34:03,641 --> 00:34:04,908 That sounds nice. 693 00:34:04,942 --> 00:34:05,442 ¶ 694 00:34:15,152 --> 00:34:17,287 thank you. Uhh. 695 00:34:18,840 --> 00:34:19,989 This is nice. 696 00:34:22,794 --> 00:34:25,011 - Hello. - Good afternoon. 697 00:34:25,046 --> 00:34:26,680 How are you settling in? 698 00:34:26,714 --> 00:34:28,932 Fine, sir, thank you. 699 00:34:28,966 --> 00:34:31,885 I'm enjoying DC. I have a dog. 700 00:34:31,936 --> 00:34:33,804 He's good company. Ha ha! 701 00:34:33,838 --> 00:34:35,171 We're going on lots of walks. 702 00:34:35,189 --> 00:34:37,941 Oh, I know the hours are long. It's hard. 703 00:34:39,110 --> 00:34:40,193 Here you go, ma'am. 704 00:34:41,062 --> 00:34:42,982 Oh, why, thank you, dear. 705 00:34:47,368 --> 00:34:48,985 How long have you been married, sir? 706 00:34:49,019 --> 00:34:51,020 Hmm? 43 years. 707 00:34:51,038 --> 00:34:52,322 Wow. 708 00:34:52,356 --> 00:34:55,191 When I first met Ethel, she was married to somebody else. 709 00:34:55,209 --> 00:34:57,077 But I stole her away from him. 710 00:34:59,029 --> 00:35:00,247 Am I right, dear? 711 00:35:01,716 --> 00:35:03,967 We planned to have the wedding at 712 00:35:04,001 --> 00:35:06,470 Ethel's aunt's house in waterbury. 713 00:35:06,504 --> 00:35:08,204 It was Hartford, John. 714 00:35:08,222 --> 00:35:11,808 Hartford. You're absolutely right, my love. 715 00:35:11,843 --> 00:35:13,677 But on the day, the aunt fell ill, 716 00:35:13,711 --> 00:35:15,095 so we had to switch the ceremony 717 00:35:15,146 --> 00:35:16,680 to the first congregational church 718 00:35:16,714 --> 00:35:18,715 in... where was it? 719 00:35:20,384 --> 00:35:23,904 Farmington. Right. That's right. 720 00:35:23,938 --> 00:35:26,990 Well, at the last minute, I suddenly realized 721 00:35:27,024 --> 00:35:29,726 that the marriage license was invalid 722 00:35:29,744 --> 00:35:32,329 outside the Hartford city limits. 723 00:35:32,363 --> 00:35:34,948 So, we met in Hartford 724 00:35:34,999 --> 00:35:36,566 for an early-morning wedding 725 00:35:36,584 --> 00:35:38,335 and returned to Farmington 726 00:35:38,369 --> 00:35:40,086 for an early afternoon wedding. 727 00:35:41,255 --> 00:35:43,373 Well, as ever, sir, another testament 728 00:35:43,407 --> 00:35:45,091 to your devotion to both the spirit 729 00:35:45,126 --> 00:35:47,127 and the letter of the law. 730 00:35:48,546 --> 00:35:50,597 Happiest day of my life. 731 00:35:50,631 --> 00:35:53,884 I...Perhaps I should get ready. 732 00:35:53,918 --> 00:35:55,886 We have guests for cocktails, don't we? 733 00:35:55,920 --> 00:35:57,804 No, no, not today. Not today. 734 00:35:57,855 --> 00:35:58,939 Oh. 735 00:36:00,925 --> 00:36:03,092 Silly me. 736 00:36:03,110 --> 00:36:04,594 Silly you. 737 00:36:06,531 --> 00:36:08,097 Kevin, after lunch, 738 00:36:08,115 --> 00:36:09,275 I'd like to take a quick look 739 00:36:09,283 --> 00:36:11,117 at coolidge v. New Hampshire, 740 00:36:11,152 --> 00:36:12,319 if you wouldn't mind. 741 00:36:12,370 --> 00:36:13,486 Of course. 742 00:36:13,538 --> 00:36:15,705 Won't keep him long. Promise. 743 00:36:15,740 --> 00:36:16,240 ¶ 744 00:36:27,418 --> 00:36:29,920 sir? Sir, are you all right? 745 00:36:29,954 --> 00:36:33,723 ¶ 746 00:36:33,758 --> 00:36:35,842 sir. Give me a minute, please. 747 00:36:35,893 --> 00:36:36,393 ¶ 748 00:36:43,818 --> 00:36:48,271 ah, yeah, that's better. Ahh. 749 00:36:48,305 --> 00:36:50,740 Um, would you like me to read for you, sir? 750 00:36:50,775 --> 00:36:55,161 Yes, yes, that... that would be helpful, Kevin. Thank you. 751 00:36:55,196 --> 00:36:55,696 ¶ 752 00:37:01,168 --> 00:37:05,872 um..."In the wake of a particularly brutal murder 753 00:37:05,923 --> 00:37:09,209 of a 14-year..." 754 00:37:09,260 --> 00:37:11,011 Sir, would you like me to call somebody? 755 00:37:11,045 --> 00:37:12,212 No, no, no, no. Please continue. 756 00:37:12,263 --> 00:37:12,763 ¶ 757 00:37:18,886 --> 00:37:21,521 "in the wake of a particularly brutal murder 758 00:37:21,555 --> 00:37:23,523 "of a 14-year-old girl, 759 00:37:23,557 --> 00:37:25,642 "the new Hampshire Attorney General 760 00:37:25,676 --> 00:37:27,394 "took charge of police activities 761 00:37:27,445 --> 00:37:29,396 "relating to the murder. 762 00:37:29,447 --> 00:37:31,815 "The suspect, Edward coolidge, 763 00:37:31,849 --> 00:37:33,617 "is claiming that the searches 764 00:37:33,651 --> 00:37:34,684 "of his home and automobile 765 00:37:34,702 --> 00:37:37,287 violated his fourth amendment rights." 766 00:37:38,756 --> 00:37:40,907 I haven't burned my own draft record. 767 00:37:40,958 --> 00:37:42,659 But what I'm doing is legal. 768 00:37:42,693 --> 00:37:43,960 This is why I believe I'll receive 769 00:37:43,995 --> 00:37:45,578 justice in the higher courts. 770 00:37:45,630 --> 00:37:47,631 You can deny the draft on any grounds 771 00:37:47,665 --> 00:37:49,532 but you'll have to go to court... It's law. 772 00:37:49,550 --> 00:37:51,234 If you lose, you go to jail, which I said I'd do. 773 00:37:51,269 --> 00:37:53,136 My fight is legal. 774 00:37:53,170 --> 00:37:55,038 But if you notice, I'm being the most persecuted. 775 00:37:55,072 --> 00:37:56,473 I'm not allowed to work in America. 776 00:37:56,507 --> 00:37:58,041 I'm not allowed to leave America. 777 00:37:58,059 --> 00:37:59,643 Home of the brave, land of the free. 778 00:37:59,677 --> 00:38:00,727 I'm not allowed to, not even allowed 779 00:38:00,761 --> 00:38:02,178 to leave where I can work, 780 00:38:02,212 --> 00:38:03,647 countries that will accept me. 781 00:38:03,681 --> 00:38:07,183 And now I'm due $10,000 fine in 5 years. 782 00:38:07,217 --> 00:38:08,885 All this brings on racial trouble. 783 00:38:08,903 --> 00:38:11,354 People see this, they see other athletes and entertainers 784 00:38:11,389 --> 00:38:15,391 getting by on little excuses, and I know I'm sincere. 785 00:38:15,409 --> 00:38:18,194 But now I get a heavy penalty to the white preachers 786 00:38:18,229 --> 00:38:21,731 that break in the government house, burn up the draft card, 787 00:38:21,749 --> 00:38:23,233 hang statutes of the president, 788 00:38:23,267 --> 00:38:27,103 lay on the Pentagon steps, leave America white citizens. 789 00:38:27,138 --> 00:38:29,139 But I'm the bad one now, the poor slave. 790 00:38:29,173 --> 00:38:30,290 Now I'm the bad one. 791 00:38:31,959 --> 00:38:33,593 All rise. 792 00:38:36,430 --> 00:38:38,214 The honorable, the chief justice, 793 00:38:38,248 --> 00:38:40,800 and the associate justices of the supreme court 794 00:38:40,851 --> 00:38:43,053 of the United States. 795 00:38:43,087 --> 00:38:46,272 Oyez, oyez, oyez. 796 00:38:46,307 --> 00:38:48,257 All persons having business 797 00:38:48,275 --> 00:38:51,227 before the honorable, the supreme court of the United States, 798 00:38:51,261 --> 00:38:53,863 are admonished to draw near and give their attention 799 00:38:53,898 --> 00:38:56,432 for the court is now sitting. 800 00:38:56,450 --> 00:38:59,736 God save the United States and the honorable court. 801 00:39:03,374 --> 00:39:07,160 Docket number 2-9-9, Cohen versus California. 802 00:39:11,248 --> 00:39:14,084 Mr. nimmer, you may proceed whenever you are ready. 803 00:39:14,118 --> 00:39:15,802 The court is thoroughly aware 804 00:39:15,836 --> 00:39:16,970 of the facts of this case. 805 00:39:17,004 --> 00:39:19,305 It will not be necessary to dwell on them. 806 00:39:19,340 --> 00:39:21,758 At Mr. chief justice's suggestion, 807 00:39:21,792 --> 00:39:23,309 I certainly will keep very brief 808 00:39:23,344 --> 00:39:25,145 the statement of facts. 809 00:39:25,179 --> 00:39:27,147 What this young man did was to walk through 810 00:39:27,181 --> 00:39:29,682 a courthouse corridor wearing a jacket 811 00:39:29,734 --> 00:39:31,101 inscribed with the words... 812 00:39:31,135 --> 00:39:33,636 Mr. nimmer, we agreed, it is not necessary "fuck the draft." 813 00:39:33,654 --> 00:39:35,688 To dwell on the facts. 814 00:39:35,740 --> 00:39:38,641 I suggest we avoid using that word 815 00:39:38,659 --> 00:39:40,660 for the rest of oral argument, 816 00:39:40,694 --> 00:39:44,480 and we simply refer to it as... "That word." 817 00:39:44,498 --> 00:39:46,938 Yes, your honor. The court should rule on the war. 818 00:39:46,951 --> 00:39:50,086 We are arguing that the state may not, 819 00:39:50,121 --> 00:39:52,922 consistent with the first and fourteenth amendments, 820 00:39:52,957 --> 00:39:54,657 make the simple public display... 821 00:39:54,675 --> 00:39:56,176 Every day in Vietnam, 822 00:39:56,210 --> 00:39:58,762 young American men are killed 823 00:39:58,796 --> 00:40:00,680 because this country refuses to admit 824 00:40:00,714 --> 00:40:01,848 that we've made a mistake. 825 00:40:01,882 --> 00:40:03,499 - Let's go. - Who wants to be 826 00:40:03,517 --> 00:40:06,502 the last person to die for a mistake? 827 00:40:06,520 --> 00:40:08,004 - That's enough. - This court should rule 828 00:40:08,055 --> 00:40:09,472 on the war! 829 00:40:09,506 --> 00:40:10,940 This court should rule... 830 00:40:10,975 --> 00:40:13,977 Well, people bring passion to politics, 831 00:40:14,011 --> 00:40:16,529 and vulgarity is simply a side effect 832 00:40:16,564 --> 00:40:19,182 of a free exchange of ideas. 833 00:40:19,200 --> 00:40:20,349 Calm down. 834 00:40:22,236 --> 00:40:23,369 Get out. 835 00:40:24,622 --> 00:40:27,624 He's right. The court should rule on the war. 836 00:40:27,658 --> 00:40:30,043 Oh, bill, you've been singing that song since '66. 837 00:40:30,077 --> 00:40:32,245 Yes, and I'll go on singing it, whizzer. 838 00:40:32,296 --> 00:40:35,081 Bill, please. My name is Byron. 839 00:40:35,132 --> 00:40:36,699 This is not a war that's making the world 840 00:40:36,717 --> 00:40:37,717 safe for democracy. 841 00:40:37,751 --> 00:40:39,035 It's a war of aggression. 842 00:40:39,053 --> 00:40:40,170 It is up to congress 843 00:40:40,204 --> 00:40:41,971 to challenge the war, not the court. 844 00:40:42,006 --> 00:40:43,206 It's up to the court to decide 845 00:40:43,224 --> 00:40:46,893 the constitutionality of it, Byron. 846 00:40:46,927 --> 00:40:49,012 If I was still in the senate, 847 00:40:49,046 --> 00:40:50,713 I would lead the charge! 848 00:40:50,731 --> 00:40:51,479 ¶ 849 00:41:05,696 --> 00:41:09,199 They're trying to say that they want peace. 850 00:41:09,233 --> 00:41:13,419 They're trying to say that they want to stop the killing. 851 00:41:13,454 --> 00:41:16,756 They're trying to say that they want to end the draft. 852 00:41:16,790 --> 00:41:20,743 They're trying to say that we ought to get out of Vietnam. 853 00:41:22,246 --> 00:41:25,181 I agree with everything that they're trying to accomplish. 854 00:41:25,216 --> 00:41:25,716 ¶ 855 00:41:33,090 --> 00:41:36,592 Yes? It's the white house, sir. 856 00:41:36,610 --> 00:41:40,170 Thank you, Janet. You can put the call through, please. 857 00:41:46,487 --> 00:41:49,239 Who's acting for the vets? Is it Ramsey Clark? 858 00:41:49,273 --> 00:41:51,440 I believe so, sir. 859 00:41:51,458 --> 00:41:52,959 Get Ramsey Clark on the phone, 860 00:41:52,993 --> 00:41:55,793 and the solicitor general as well. Yes, sir. 861 00:42:04,421 --> 00:42:06,956 There is a real danger to security, chief. 862 00:42:08,893 --> 00:42:10,977 The anti-war protestors have advertised plans 863 00:42:11,011 --> 00:42:12,795 to shut down the city. 864 00:42:12,813 --> 00:42:15,265 "Advertised plans?" 865 00:42:15,299 --> 00:42:16,849 The government has no business 866 00:42:16,901 --> 00:42:20,403 anticipating unlawful conduct. 867 00:42:20,437 --> 00:42:22,138 The justice department is seeking a re-instatement 868 00:42:22,156 --> 00:42:24,490 of the lower court order 869 00:42:24,525 --> 00:42:26,826 to prevent the vets from camping on the mall at night. 870 00:42:26,860 --> 00:42:28,995 Well, the appeals court rule they can stay... 871 00:42:29,029 --> 00:42:31,781 This is the supreme court, Mr. Clark, 872 00:42:31,815 --> 00:42:34,167 and if the United States government 873 00:42:34,201 --> 00:42:36,485 believes there's a danger to security, 874 00:42:36,503 --> 00:42:38,454 I will have no choice but to reinstate 875 00:42:38,488 --> 00:42:39,706 the lower court order. 876 00:42:39,757 --> 00:42:41,791 The city won't grant them a permit 877 00:42:41,825 --> 00:42:43,176 to camp anywhere else. 878 00:42:43,210 --> 00:42:46,629 You'll be evicting a peaceful group 879 00:42:46,663 --> 00:42:48,965 before their protest is over. 880 00:42:48,999 --> 00:42:50,883 Well, due to the lateness of the hour, 881 00:42:50,935 --> 00:42:55,238 I believe the order won't be instated until tomorrow. 882 00:42:55,272 --> 00:42:56,539 Sir, first thing in the morning, 883 00:42:56,574 --> 00:43:00,193 I will appeal the decision to the full court. 884 00:43:00,227 --> 00:43:03,012 I'm not sure the other justices 885 00:43:03,030 --> 00:43:04,513 will support you. 886 00:43:04,531 --> 00:43:08,284 Well, that remains to be seen, Mr. Clark. 887 00:43:08,319 --> 00:43:08,819 ¶ 888 00:43:42,486 --> 00:43:44,854 I drove past on my way here. 889 00:43:44,888 --> 00:43:47,907 There are thousands of them camped out there. 890 00:43:47,941 --> 00:43:50,576 Oh, Warren, they are veterans against the war. 891 00:43:50,611 --> 00:43:52,395 Men and women who fought for their country. 892 00:43:52,413 --> 00:43:56,032 There is chaos, John. Police barricades. 893 00:43:56,066 --> 00:43:58,584 Traffic is stalled all the way up Pennsylvania Avenue. 894 00:43:58,619 --> 00:44:00,703 It's as if the entire city is under siege. 895 00:44:00,737 --> 00:44:01,754 They were in court today. 896 00:44:01,789 --> 00:44:04,290 Tomorrow, they could be in chambers! 897 00:44:04,341 --> 00:44:05,625 Tonight, I had to reinstate 898 00:44:05,676 --> 00:44:07,260 the lower court order to evict them. 899 00:44:07,294 --> 00:44:08,911 You shouldn't have acted alone. 900 00:44:08,929 --> 00:44:10,797 It was an emergency petition. 901 00:44:10,848 --> 00:44:13,016 The president is very concerned. 902 00:44:13,050 --> 00:44:14,550 Excuse me, did I hear you right? 903 00:44:14,584 --> 00:44:16,019 You spoke to the president? 904 00:44:16,053 --> 00:44:17,970 I speak to him often. He's a good friend. 905 00:44:19,473 --> 00:44:21,724 A justice should be wholly removed from politics. 906 00:44:21,758 --> 00:44:24,260 I don't even vote in presidential elections. 907 00:44:24,278 --> 00:44:25,978 First thing tomorrow, Ramsey Clark 908 00:44:26,030 --> 00:44:28,097 will appeal my ruling to the full court 909 00:44:28,115 --> 00:44:30,817 and I don't wish to be overruled, John. 910 00:44:30,868 --> 00:44:33,319 In 20 years, that has only happened once. 911 00:44:33,370 --> 00:44:36,122 Now, I need you. I depend upon you 912 00:44:36,156 --> 00:44:37,373 to talk to the others. 913 00:44:37,408 --> 00:44:39,775 Bill Brennan, thurgood in particular. 914 00:44:39,793 --> 00:44:41,277 Bill Douglas. 915 00:44:41,295 --> 00:44:44,714 The decision must be unanimous. 916 00:44:44,748 --> 00:44:48,551 It is essential to both the court and the nation 917 00:44:48,585 --> 00:44:51,721 that we all come aboard on this. 918 00:44:51,755 --> 00:44:53,423 I would appreciate it, John. 919 00:44:53,457 --> 00:44:53,957 ¶ 920 00:44:58,228 --> 00:45:00,730 John, the chief's order 921 00:45:00,764 --> 00:45:02,798 is a breach of the first amendment. 922 00:45:02,816 --> 00:45:06,102 Government's trying to govern by court injunctions. 923 00:45:06,136 --> 00:45:09,605 We're being asked to do Nixon's dirty work. 924 00:45:09,639 --> 00:45:12,308 The chief should've gone into politics. 925 00:45:12,326 --> 00:45:14,744 That's his true calling, not the law. 926 00:45:14,778 --> 00:45:17,113 Yeah, just like bill Brennan. 927 00:45:17,147 --> 00:45:19,165 Hugo, please. 928 00:45:19,199 --> 00:45:21,650 I think you all malign the chief unfairly. 929 00:45:21,668 --> 00:45:24,170 Since his appointment, debate in conference 930 00:45:24,204 --> 00:45:26,589 has been more open, much freer 931 00:45:26,623 --> 00:45:29,342 than it ever was under his predecessor. 932 00:45:29,376 --> 00:45:31,594 You can't argue with that. 933 00:45:31,628 --> 00:45:33,346 I know this is not ideal 934 00:45:33,380 --> 00:45:35,498 and normally we have the luxury of time 935 00:45:35,549 --> 00:45:39,769 but this was an emergency petition. 936 00:45:39,803 --> 00:45:41,854 And there's no point in conflict. 937 00:45:41,889 --> 00:45:43,973 You just get locked. 938 00:45:44,007 --> 00:45:46,008 I'm with you, John. 939 00:45:46,026 --> 00:45:47,643 To overrule the chief would be 940 00:45:47,677 --> 00:45:50,530 a personal affront. 941 00:45:50,564 --> 00:45:53,149 Personal affront? What are you talking about? 942 00:45:53,183 --> 00:45:57,353 It is not in our interest to embarrass him, or the court. 943 00:45:57,371 --> 00:45:58,321 Oh. 944 00:45:58,355 --> 00:46:00,315 We have to vote with the chief. 945 00:46:01,742 --> 00:46:04,423 Let me have one of these, John. Yeah. Yeah, go ahead. 946 00:46:05,529 --> 00:46:07,649 Well, shall we put it to a vote, then? 947 00:46:15,088 --> 00:46:18,141 Thank you, gentlemen, for your unanimous support. 948 00:46:23,847 --> 00:46:24,880 Excuse me, chief. 949 00:46:24,898 --> 00:46:26,549 I'm afraid the demonstrations outside 950 00:46:26,567 --> 00:46:27,567 are growing stronger. 951 00:46:27,601 --> 00:46:28,101 ¶ 952 00:46:34,891 --> 00:46:37,109 I pledge allegiance to the flag 953 00:46:37,161 --> 00:46:39,195 of the United States of America, 954 00:46:39,229 --> 00:46:41,497 and to the Republic for which it stands, 955 00:46:41,532 --> 00:46:44,534 one nation under God, indivisible, 956 00:46:44,568 --> 00:46:47,119 with liberty and justice for all. 957 00:46:47,171 --> 00:46:51,257 I pledge allegiance to the flag of the United States of America, 958 00:46:51,291 --> 00:46:53,709 and to the Republic for which it stands, 959 00:46:53,743 --> 00:46:56,762 one nation under God, indivisible, 960 00:46:56,797 --> 00:46:59,215 with liberty and justice for all. 961 00:46:59,249 --> 00:47:03,686 I pledge allegiance to the flag of the United States of America, 962 00:47:03,720 --> 00:47:05,972 and to the Republic for which it stands, 963 00:47:06,023 --> 00:47:08,774 one nation under God, indivisible, 964 00:47:08,809 --> 00:47:11,110 with liberty and justice for all. 965 00:47:11,144 --> 00:47:11,644 ¶ 966 00:47:25,609 --> 00:47:26,942 do you know it's the first time 967 00:47:26,960 --> 00:47:28,160 in the history of the court 968 00:47:28,212 --> 00:47:30,613 that the doors have been closed during working hours? 969 00:47:30,631 --> 00:47:32,131 Is that so? 970 00:47:32,165 --> 00:47:34,550 This is serious, sir. 971 00:47:34,585 --> 00:47:36,952 The government can't stop people from assembling 972 00:47:36,970 --> 00:47:38,621 because of some vague fear 973 00:47:38,639 --> 00:47:40,306 that they're gonna commit a crime. 974 00:47:40,340 --> 00:47:42,141 These protesters were exercising 975 00:47:42,175 --> 00:47:44,010 their constitutional right. 976 00:47:44,061 --> 00:47:46,812 On the mall, in front of the court. 977 00:47:46,847 --> 00:47:48,264 They weren't causing any trouble. 978 00:47:48,298 --> 00:47:50,016 I would say it was necessary 979 00:47:50,067 --> 00:47:53,069 to protect the city and the court. 980 00:47:53,103 --> 00:47:57,473 And I say fiddle-sticks to that, sir. 981 00:47:57,491 --> 00:47:59,411 It's the first amendment. 982 00:47:59,443 --> 00:48:00,826 It's the law, sir. 983 00:48:00,861 --> 00:48:02,311 If the supreme court's not gonna protect 984 00:48:02,329 --> 00:48:03,863 the constitutional rights of the people, 985 00:48:03,914 --> 00:48:05,031 then who is? 986 00:48:05,082 --> 00:48:05,582 ¶ 987 00:48:30,691 --> 00:48:32,841 sir, please remain completely still. 988 00:48:36,780 --> 00:48:38,648 A tumor. 989 00:48:38,682 --> 00:48:41,002 On one of the vertebraes of my lower spine. 990 00:48:43,153 --> 00:48:46,205 I'm sorry to hear that, John. I really am. 991 00:48:46,239 --> 00:48:49,358 I'll tender my resignation at the end of the term. 992 00:48:51,044 --> 00:48:53,162 Yeah. Yeah, I think that's best. 993 00:49:03,256 --> 00:49:04,807 John, smoking? 994 00:49:04,841 --> 00:49:07,393 Oh, you know what the doctor said? 995 00:49:07,427 --> 00:49:10,179 He said, "if smoking gives you comfort, 996 00:49:10,213 --> 00:49:13,316 then carry on smoking." 997 00:49:13,350 --> 00:49:16,485 Cigarettes are the least of my worries, my friend. 998 00:49:22,909 --> 00:49:23,409 ¶ 999 00:49:31,918 --> 00:49:34,737 When muhammad Ali lost his heavyweight boxing title 1000 00:49:34,755 --> 00:49:36,956 for refusing military induction, 1001 00:49:37,007 --> 00:49:39,675 he also lost his license to fight. 1002 00:49:39,710 --> 00:49:41,944 Now after 3 1/2 years out of the sport, 1003 00:49:41,979 --> 00:49:44,597 the state of Georgia is willing to let the ex-champ 1004 00:49:44,631 --> 00:49:45,581 back in the ring. 1005 00:49:54,924 --> 00:49:57,777 He said it was a very severe cut. 1006 00:49:57,811 --> 00:49:59,928 That's the reason he stopped it. 1007 00:49:59,946 --> 00:50:04,817 The winner at the end of the third round... muhammad Ali! 1008 00:50:06,820 --> 00:50:10,105 The next step in the boxing comeback of muhammad Ali 1009 00:50:10,123 --> 00:50:13,325 will be a bout with contender Oscar bonavena. 1010 00:50:13,377 --> 00:50:14,610 And he goes down again! 1011 00:50:14,628 --> 00:50:17,413 It's over. Ali is the knockout winner 1012 00:50:17,447 --> 00:50:19,948 at two minutes and 3 seconds. 1013 00:50:21,885 --> 00:50:25,954 If Joe comes out smoking, I ain't gonna be joking. 1014 00:50:25,972 --> 00:50:29,809 I'll be peckin' an' a-pokin', pouring water on his smokin'. 1015 00:50:29,843 --> 00:50:33,979 This might shock and amaze ya, but I will retire Joe Frazier. 1016 00:50:34,014 --> 00:50:36,682 I have a lot of speed and a lot of endurance. 1017 00:50:36,733 --> 00:50:39,185 When I meet Frazier, he'll need more insurance. 1018 00:50:39,236 --> 00:50:42,405 ¶ 1019 00:50:42,439 --> 00:50:46,859 He's wearing red trunks. 1020 00:50:46,910 --> 00:50:52,981 He weighs 215, undefeated in 31 bouts, 1021 00:50:52,999 --> 00:50:58,170 scoring 25 knockouts, it is muhammad Ali! 1022 00:51:03,960 --> 00:51:05,461 Not gonna go his way in court. 1023 00:51:05,495 --> 00:51:06,962 Won't go his way tonight, either. 1024 00:51:06,996 --> 00:51:09,799 Ali's the better fighter. Lighter on his feet. 1025 00:51:09,833 --> 00:51:11,851 He's gonna dance around Frazier and wear him down. 1026 00:51:11,885 --> 00:51:14,720 The heavyweight champion of the world, 1027 00:51:14,771 --> 00:51:16,171 Joe Frazier. 1028 00:51:18,475 --> 00:51:20,342 Round 11. 1029 00:51:22,946 --> 00:51:25,231 Again, Ali appearing to be quite weary. 1030 00:51:25,282 --> 00:51:27,149 Frazier looking much stronger. 1031 00:51:27,183 --> 00:51:29,034 Frazier throwing many more punches. 1032 00:51:29,069 --> 00:51:32,204 Frazier throwing punches. 1033 00:51:32,239 --> 00:51:33,823 That one hurt. Look at that. 1034 00:51:33,857 --> 00:51:38,694 Muhammad Ali staggers. Muhammad Ali was rocked. 1035 00:51:38,712 --> 00:51:40,212 He's holding on desperately. 1036 00:51:47,137 --> 00:51:50,172 Bill, one more. You're up, connolly. 1037 00:51:51,758 --> 00:51:53,309 Right, this is the final round of the fight 1038 00:51:53,343 --> 00:51:54,310 and what a fight it's been! 1039 00:51:55,679 --> 00:51:58,046 This is the final round! 1040 00:51:58,064 --> 00:52:00,215 Referee Arthur mercante has them touch gloves. 1041 00:52:00,233 --> 00:52:02,074 Something they've been doing all night. 1042 00:52:03,904 --> 00:52:06,188 Muhammad Ali has gotta go box him. 1043 00:52:06,222 --> 00:52:09,492 Joe Frazier against muhammad Ali. 1044 00:52:09,526 --> 00:52:13,612 He is up. He got up immediately on the count of two. 1045 00:52:13,663 --> 00:52:17,733 The referee Arthur mercante scores it 1046 00:52:17,751 --> 00:52:23,422 8.6-1 even for Frazier. 1047 00:52:23,456 --> 00:52:25,374 One vote for Joe Frazier. 1048 00:52:25,408 --> 00:52:29,428 Artie aidala 9-6 for Frazier. 1049 00:52:29,462 --> 00:52:30,880 Frazier is the winner! 1050 00:52:30,914 --> 00:52:32,965 Ali's history. 1051 00:52:33,016 --> 00:52:36,685 Heavyweight champion of the world, Joe Frazier! 1052 00:52:36,720 --> 00:52:38,604 Joe Frazier! 1053 00:52:38,638 --> 00:52:40,523 For the first time in his career. 1054 00:52:40,557 --> 00:52:42,258 Muhammad Ali was beaten! 1055 00:52:48,565 --> 00:52:51,534 Docket number 7-8-3. 1056 00:52:51,568 --> 00:52:56,322 Clay, a.K.A. Ali, versus United States. 1057 00:52:56,373 --> 00:52:59,708 Mr. eskridge, you may proceed whenever you are ready. 1058 00:52:59,743 --> 00:53:01,210 Mr. chief justice 1059 00:53:01,244 --> 00:53:03,128 and may it please the court. 1060 00:53:03,163 --> 00:53:06,916 On February 16, 1966, 1061 00:53:06,950 --> 00:53:09,218 my client wrote a letter to his local draft board 1062 00:53:09,252 --> 00:53:11,220 alleging facts which he claimed 1063 00:53:11,254 --> 00:53:13,005 entitled him according to the law 1064 00:53:13,056 --> 00:53:16,792 to conscientious objector status. 1065 00:53:16,810 --> 00:53:19,395 In his handwriting, he wrote, 1066 00:53:19,429 --> 00:53:21,313 "Muslim means peace, 1067 00:53:21,348 --> 00:53:25,150 "total submission to the will of Allah; 1068 00:53:25,185 --> 00:53:29,071 do not take the lives of anyone." 1069 00:53:29,105 --> 00:53:30,823 His request was denied. 1070 00:53:30,857 --> 00:53:32,641 The appeal board referred the matter 1071 00:53:32,659 --> 00:53:34,443 to the United States justice department. 1072 00:53:34,477 --> 00:53:36,245 The justice department 1073 00:53:36,279 --> 00:53:39,949 appointed a hearing officer... judge grauman. 1074 00:53:39,983 --> 00:53:42,201 Judge grauman heard several witnesses. 1075 00:53:42,252 --> 00:53:46,705 He also had in front of him, the record shows, 1076 00:53:46,756 --> 00:53:48,757 Elijah muhammad's book 1077 00:53:48,792 --> 00:53:52,177 "message to the blackman in America." 1078 00:53:52,212 --> 00:53:55,831 Judge grauman found that Ali was sincere 1079 00:53:55,849 --> 00:53:59,218 in his objections to participation in war 1080 00:53:59,269 --> 00:54:01,520 in any form. 1081 00:54:01,554 --> 00:54:03,305 The government rejected this finding, 1082 00:54:03,339 --> 00:54:05,674 stating that Mr. muhammad Ali 1083 00:54:05,692 --> 00:54:08,644 would fight "tomorrow," quote unquote, 1084 00:54:08,678 --> 00:54:11,647 in a defensive war on behalf of muslims. 1085 00:54:11,681 --> 00:54:14,516 Mr. eskridge, when you say 1086 00:54:14,534 --> 00:54:16,485 "fight in a defensive war 1087 00:54:16,519 --> 00:54:18,537 on behalf of muslims," 1088 00:54:18,571 --> 00:54:21,624 that is what is known as participating in 1089 00:54:21,658 --> 00:54:23,075 a holy war, is it not? 1090 00:54:23,126 --> 00:54:25,127 It is, Mr. justice, yes. 1091 00:54:25,161 --> 00:54:26,829 And that is in the quran. 1092 00:54:26,863 --> 00:54:28,697 Yes, sir. It's also referenced 1093 00:54:28,715 --> 00:54:30,365 in Elijah muhammad's book. 1094 00:54:30,383 --> 00:54:31,884 So, he would fight? 1095 00:54:33,336 --> 00:54:38,223 Uh, ahem. Sir, black muslims 1096 00:54:38,258 --> 00:54:41,393 have taken some of their beliefs from the quran 1097 00:54:41,428 --> 00:54:44,013 and fashioned them to the black man's 1098 00:54:44,047 --> 00:54:46,682 experience in the United States. 1099 00:54:46,716 --> 00:54:48,183 In this holy war, 1100 00:54:48,217 --> 00:54:51,020 who would your client be fighting? 1101 00:54:51,054 --> 00:54:53,405 Sir, nowhere in the record 1102 00:54:53,440 --> 00:54:55,407 has my client ever said 1103 00:54:55,442 --> 00:54:59,194 that he would fight with weapons 1104 00:54:59,228 --> 00:55:01,947 against anybody. 1105 00:55:01,998 --> 00:55:03,615 Mr. griswold, 1106 00:55:03,667 --> 00:55:06,568 the hearing officer, judge grauman, 1107 00:55:06,586 --> 00:55:08,170 recommended that Mr. Ali's 1108 00:55:08,204 --> 00:55:11,790 conscientious objector status be sustained. 1109 00:55:11,841 --> 00:55:15,177 Why did the government choose to ignore his findings? 1110 00:55:15,211 --> 00:55:17,262 As your honors know, the government is not 1111 00:55:17,297 --> 00:55:19,798 represented at such hearings. 1112 00:55:19,849 --> 00:55:21,884 Well, what I'm interested in learning 1113 00:55:21,918 --> 00:55:23,802 is why the government determined 1114 00:55:23,853 --> 00:55:26,555 that Ali's beliefs were not religiously rooted. 1115 00:55:26,589 --> 00:55:27,773 We accept that his beliefs 1116 00:55:27,807 --> 00:55:29,725 are religiously rooted. 1117 00:55:29,759 --> 00:55:33,428 You accept that his beliefs are religiously rooted? 1118 00:55:33,446 --> 00:55:34,697 Yes, your honor, we do. 1119 00:55:34,731 --> 00:55:36,732 But you question his sincerity. 1120 00:55:36,766 --> 00:55:39,267 We do not question his sincerity. 1121 00:55:39,285 --> 00:55:41,320 You don't question his sincerity? 1122 00:55:41,371 --> 00:55:42,871 No, Mr. justice, we do not. 1123 00:55:42,906 --> 00:55:45,824 Mr. griswold, what is the government's objection? 1124 00:55:45,875 --> 00:55:47,826 Sir, the only question before the court now 1125 00:55:47,877 --> 00:55:51,296 is that his objection was selective. 1126 00:55:51,331 --> 00:55:54,967 It is not enough for his objection to be religious; 1127 00:55:55,001 --> 00:55:57,386 it must also be an objection 1128 00:55:57,420 --> 00:56:01,123 to participation in wars in any form. 1129 00:56:01,141 --> 00:56:01,974 The petitioner just doesn't want 1130 00:56:02,008 --> 00:56:04,226 to fight the white man's wars, 1131 00:56:04,260 --> 00:56:06,812 and I can understand that. 1132 00:56:06,846 --> 00:56:07,930 At the same time, he has no 1133 00:56:07,964 --> 00:56:10,349 religious or conscientious scruples against 1134 00:56:10,400 --> 00:56:12,184 participation in wars which would defend 1135 00:56:12,235 --> 00:56:13,875 the black man's interests. 1136 00:56:15,105 --> 00:56:19,141 In this summary of the first hearing, 1137 00:56:19,159 --> 00:56:21,110 "Clay objects to being in service because 1138 00:56:21,144 --> 00:56:22,978 he has no quarrel with the Vietcong." 1139 00:56:22,996 --> 00:56:24,947 In his own words, quote, 1140 00:56:24,981 --> 00:56:29,785 "no Vietcong ever called me nigger," unquote. 1141 00:56:31,121 --> 00:56:35,124 Since Mr. Ali would participate in a holy war, 1142 00:56:35,158 --> 00:56:39,595 he is not a true conscientious objector. 1143 00:56:40,930 --> 00:56:43,298 Mr. eskridge, people have always 1144 00:56:43,332 --> 00:56:46,218 fought wars for religious reasons, 1145 00:56:46,269 --> 00:56:49,471 and then would defend them as being holy wars, 1146 00:56:49,505 --> 00:56:51,023 "just" as opposed to "unjust." 1147 00:56:51,057 --> 00:56:52,775 Like the crusades. 1148 00:56:52,809 --> 00:56:57,679 So, your client would fight a holy war but... 1149 00:56:57,697 --> 00:56:59,448 And I'm quoting you here... 1150 00:56:59,482 --> 00:57:04,236 "Wouldn't fight with weapons against anybody." 1151 00:57:04,287 --> 00:57:06,688 I'm sorry. I'm confused. 1152 00:57:11,244 --> 00:57:13,361 How do you stand now with 1153 00:57:13,379 --> 00:57:15,299 the possibility of going to jail? 1154 00:57:15,331 --> 00:57:17,499 Oh, I don't know. I'm just waiting any day now. 1155 00:57:17,533 --> 00:57:18,584 Do you think about that, though? 1156 00:57:18,635 --> 00:57:19,501 Do you ever think what you'll do 1157 00:57:19,535 --> 00:57:20,919 or if you do go? 1158 00:57:20,970 --> 00:57:23,005 Why, yes, you think about it at nights when you're in the bed. 1159 00:57:23,039 --> 00:57:25,040 You think about, you know, if I went this way, 1160 00:57:25,058 --> 00:57:26,875 what could have happened, if I went this way, 1161 00:57:26,893 --> 00:57:28,376 and I've figured it all out. 1162 00:57:28,394 --> 00:57:30,562 But whenever people want to really make progress, 1163 00:57:30,597 --> 00:57:32,564 some have to sacrifice a lot, 1164 00:57:32,649 --> 00:57:36,051 and I like to say white America right now 1165 00:57:36,069 --> 00:57:38,220 spending $30 million a day in Asia, 1166 00:57:38,238 --> 00:57:40,889 black and white boys are dying unjustly for nothing 1167 00:57:40,907 --> 00:57:42,825 just to free somebody else. 1168 00:57:42,859 --> 00:57:45,360 So, why should I worry about going to little old jail 1169 00:57:45,394 --> 00:57:46,995 to free my poor people who's been 1170 00:57:47,030 --> 00:57:48,447 catching all hell for 400 years. 1171 00:57:50,917 --> 00:57:52,997 Gentlemen, let's take the vote. John? 1172 00:57:56,923 --> 00:57:58,590 I uphold his conviction. 1173 00:58:00,710 --> 00:58:01,793 Uphold. 1174 00:58:04,097 --> 00:58:05,247 Free the man. 1175 00:58:06,432 --> 00:58:07,549 Uphold. 1176 00:58:08,968 --> 00:58:11,470 Oh, let's free the man, for God's sake. 1177 00:58:13,139 --> 00:58:15,090 I'm with bill and bill. Go free. 1178 00:58:15,108 --> 00:58:16,258 Harry? 1179 00:58:16,276 --> 00:58:17,442 Uphold. 1180 00:58:17,477 --> 00:58:20,195 I vote to uphold. That's decided. 1181 00:58:20,230 --> 00:58:23,282 As the senior justice on the majority side, 1182 00:58:23,316 --> 00:58:26,601 to write the opinion I assign... 1183 00:58:31,374 --> 00:58:34,159 5 to 3 against Ali. Yes! 1184 00:58:34,210 --> 00:58:37,713 John Harlan's been assigned the opinion. 1185 00:58:37,747 --> 00:58:39,248 Come on, boys, let's go to lunch. 1186 00:58:39,282 --> 00:58:41,550 We can drown our sorrows. 1187 00:58:41,584 --> 00:58:43,969 You're welcome to join us. Yeah. 1188 00:59:14,483 --> 00:59:17,286 I recommended to a fellow trustee at the Smithsonian 1189 00:59:17,320 --> 00:59:18,987 that unemployed blacks be trained 1190 00:59:19,005 --> 00:59:21,323 to work as gardeners at the mall. 1191 00:59:21,341 --> 00:59:23,041 I think they'd be wonderful. 1192 00:59:23,092 --> 00:59:25,160 They have such a lovely sense of color. 1193 00:59:31,768 --> 00:59:33,768 Teddy, cutty sark, please. 1194 00:59:35,504 --> 00:59:36,671 Sam, James. 1195 00:59:36,689 --> 00:59:37,839 Thank you, sir. 1196 00:59:37,857 --> 00:59:39,858 Kevin. Sir? 1197 00:59:39,892 --> 00:59:42,133 Didn't he just get married again? 1198 00:59:43,346 --> 00:59:44,786 That won't stop him. 1199 00:59:45,815 --> 00:59:46,898 Never does. 1200 00:59:49,819 --> 00:59:53,288 Well... gloomy guses all. 1201 00:59:53,323 --> 00:59:55,157 Just bring the whiskey, please. 1202 00:59:58,494 --> 01:00:00,412 I'm sorry you're retiring, John. 1203 01:00:00,463 --> 01:00:01,413 I'm going to miss you on the court. 1204 01:00:01,464 --> 01:00:02,748 Oh, you'll get by, Warren. 1205 01:00:02,799 --> 01:00:04,759 Won't be the same. You've been a good friend to me. 1206 01:00:04,801 --> 01:00:06,051 I can always depend on you. 1207 01:00:06,085 --> 01:00:08,637 Yeah, well, you're very good at looking after yourself. 1208 01:00:08,671 --> 01:00:10,005 You'll find new friends. 1209 01:00:12,842 --> 01:00:16,178 Big fight ahead of us. Roe v. Wade. 1210 01:00:16,212 --> 01:00:17,732 Sir, your table is just being prepared. 1211 01:00:17,764 --> 01:00:18,880 Thank you, Jacques. 1212 01:00:19,899 --> 01:00:21,400 With you gone, I'll probably 1213 01:00:21,434 --> 01:00:23,986 write that opinion myself, 1214 01:00:24,020 --> 01:00:27,189 or maybe I'll give it to Harry blackmun. 1215 01:00:27,223 --> 01:00:28,573 Sir, please follow me. 1216 01:00:28,608 --> 01:00:29,741 Go ahead, John. 1217 01:00:32,195 --> 01:00:34,356 Well, let's not get despondent. 1218 01:00:35,398 --> 01:00:36,665 We have roe v. Wade coming up. 1219 01:00:36,699 --> 01:00:38,400 It's got all the ingredients. 1220 01:00:38,418 --> 01:00:41,569 Sexism. Right-wing fanaticism. 1221 01:00:41,587 --> 01:00:44,790 Misogyny. Race. 1222 01:00:44,841 --> 01:00:47,909 It's a blockbuster, boys. Ha ha ha! 1223 01:00:47,927 --> 01:00:49,577 Michelle! 1224 01:00:49,595 --> 01:00:52,080 One, Ali is sincere in his objections. 1225 01:00:52,098 --> 01:00:54,516 Two, his position as a minister of islam 1226 01:00:54,550 --> 01:00:56,518 gives him the appropriate credentials 1227 01:00:56,552 --> 01:00:58,253 for religious training and belief. 1228 01:00:58,271 --> 01:01:00,255 But, three, we are not convinced 1229 01:01:00,273 --> 01:01:02,808 that he is conscientiously opposed to all wars. 1230 01:01:02,859 --> 01:01:04,643 Therefore, he does not qualify 1231 01:01:04,694 --> 01:01:06,654 for conscientious objector status. 1232 01:01:06,696 --> 01:01:09,948 Therefore, by a majority of 5 votes to 3, 1233 01:01:09,982 --> 01:01:12,317 his conviction is upheld. 1234 01:01:12,368 --> 01:01:14,953 Kevin, I want you to write the opinion. 1235 01:01:16,605 --> 01:01:18,657 Uh, no thank you, sir. 1236 01:01:18,708 --> 01:01:20,992 No thank you. Wait, are you recusing yourself? 1237 01:01:21,044 --> 01:01:24,112 Uh, no, sir. I... I don't want to be difficult, 1238 01:01:24,130 --> 01:01:26,381 but if it doesn't matter to you, 1239 01:01:26,416 --> 01:01:27,936 I wonder if I could switch with another. 1240 01:01:27,950 --> 01:01:30,168 I'd take any case. Nelson, mcgautha- 1241 01:01:30,219 --> 01:01:31,837 that's fine with me, sir. I'm happy to take Ali. 1242 01:01:31,888 --> 01:01:33,922 No, I'd like Kevin to write this, 1243 01:01:33,956 --> 01:01:36,141 and I want the opinion on my desk 1244 01:01:36,175 --> 01:01:39,177 first thing tomorrow morning, please. 1245 01:01:39,228 --> 01:01:41,563 We need to close this case. That's all. 1246 01:01:43,266 --> 01:01:44,266 Sir. 1247 01:01:44,300 --> 01:01:44,800 ¶ 1248 01:01:58,614 --> 01:02:03,085 why? Why won't they accept him as a conscientious objector? 1249 01:02:03,119 --> 01:02:05,370 He's a properly ordained minister of the nation of islam. 1250 01:02:05,421 --> 01:02:08,256 His religion says he's not supposed to fight. 1251 01:02:08,291 --> 01:02:13,211 What is the problem? Why are we sending him to jail? 1252 01:02:16,215 --> 01:02:18,133 There's got to be some precedent, some case... 1253 01:02:18,167 --> 01:02:19,134 Please, shut up. Kevin, 1254 01:02:19,168 --> 01:02:20,769 I'm trying to finish something here. 1255 01:02:20,803 --> 01:02:22,104 I'd like to go home. 1256 01:02:52,084 --> 01:02:53,218 Whew. 1257 01:03:09,068 --> 01:03:11,069 What time is it? 1258 01:03:19,829 --> 01:03:21,613 Hello? 1259 01:03:21,664 --> 01:03:22,831 I found it. 1260 01:03:22,865 --> 01:03:25,367 Kevin, will you go home? 1261 01:03:25,401 --> 01:03:27,118 Get some sleep. Harlan's not gonna flip. 1262 01:03:27,170 --> 01:03:28,503 It's sicurella. 1263 01:03:28,538 --> 01:03:29,818 Hang on, wait, wait. 1264 01:03:32,408 --> 01:03:34,042 The jehovah's witness case? 1265 01:03:34,076 --> 01:03:36,595 Yeah. 1955. The jehovah's witnesses 1266 01:03:36,629 --> 01:03:39,130 were granted conscientious objector status. 1267 01:03:39,182 --> 01:03:41,883 They don't have to go to Vietnam. 1268 01:03:41,917 --> 01:03:44,603 Yeah? So? 1269 01:03:44,637 --> 01:03:46,972 Well, this is what the jehovah's witnesses say. 1270 01:03:47,023 --> 01:03:50,442 If God commanded it, they would fight. 1271 01:03:50,476 --> 01:03:53,761 And these are the words from Ali's own statement: 1272 01:03:53,779 --> 01:03:55,096 "But the quran do teach us 1273 01:03:55,114 --> 01:03:56,948 "we do not take part in any war... 1274 01:03:56,983 --> 01:04:01,152 Unless declared by Allah himself." 1275 01:04:01,204 --> 01:04:04,606 I mean, it's clear as day. Ali, a black Muslim, 1276 01:04:04,624 --> 01:04:06,074 a follower of Elijah muhammad, 1277 01:04:06,108 --> 01:04:07,542 is saying exactly 1278 01:04:07,577 --> 01:04:09,494 what the jehovah's witnesses are saying. 1279 01:04:09,545 --> 01:04:12,914 He would only go to war if his God commanded it. 1280 01:04:12,948 --> 01:04:15,283 His God. Allah. 1281 01:04:15,301 --> 01:04:17,469 Now, that's not gonna happen. 1282 01:04:17,503 --> 01:04:19,804 That's the same as the jehovah's witnesses. 1283 01:04:19,839 --> 01:04:22,390 How can Harlan not buy that? 1284 01:04:22,425 --> 01:04:24,926 That's actually not bad. 1285 01:04:24,960 --> 01:04:27,012 Harlan is always hammering us about 1286 01:04:27,063 --> 01:04:29,598 law, reason, precedent. 1287 01:04:29,632 --> 01:04:33,301 Well, sicurella is the precedent. 1288 01:04:33,319 --> 01:04:35,987 And how can he make a reasoned distinction between 1289 01:04:36,022 --> 01:04:37,989 the black muslims and the jehovah's witnesses? 1290 01:04:38,024 --> 01:04:40,609 He can't. Ali is just the same 1291 01:04:40,643 --> 01:04:41,976 as the jehovah's witnesses, 1292 01:04:41,994 --> 01:04:44,162 effectively opposed to all wars. 1293 01:04:46,198 --> 01:04:48,366 Yeah. But you're still gonna have to find a way 1294 01:04:48,417 --> 01:04:52,153 to convince him to take the black muslims 1295 01:04:52,171 --> 01:04:53,171 and their religious views 1296 01:04:53,205 --> 01:04:55,840 and how those views relate to war seriously. 1297 01:04:57,176 --> 01:05:02,264 One more thing. However you write it up, 1298 01:05:02,298 --> 01:05:04,849 don't give him any reason to find a political agenda. 1299 01:05:06,052 --> 01:05:07,168 Otherwise, you're sunk. 1300 01:05:14,226 --> 01:05:15,343 Whoo! 1301 01:05:22,485 --> 01:05:23,735 You all right? 1302 01:05:26,622 --> 01:05:28,690 You all right, mate? 1303 01:05:28,708 --> 01:05:30,525 Primo Maui wowee. 1304 01:05:30,543 --> 01:05:33,662 Oh, thank you. I got a lot of work to do tonight. 1305 01:05:33,696 --> 01:05:35,163 Me, too. 1306 01:05:37,366 --> 01:05:38,800 Good night. 1307 01:05:38,834 --> 01:05:40,868 Good night is right. 1308 01:06:14,954 --> 01:06:16,070 Mrs. Paige? 1309 01:06:21,093 --> 01:06:23,928 Mr. connolly, the justice would like to see you. 1310 01:06:27,099 --> 01:06:28,216 Good luck. 1311 01:06:29,385 --> 01:06:31,052 When he's finished with you, 1312 01:06:31,086 --> 01:06:32,520 don't come crying to us. 1313 01:06:32,555 --> 01:06:33,055 ¶ 1314 01:06:36,976 --> 01:06:39,194 I gave clear direction didn't I? 1315 01:06:39,228 --> 01:06:40,311 Yes, sir, you did. 1316 01:06:40,363 --> 01:06:41,646 I gave you detailed notes 1317 01:06:41,697 --> 01:06:43,948 on what was said by the justices in conference. 1318 01:06:43,983 --> 01:06:45,533 I referred you to the precedents. 1319 01:06:45,568 --> 01:06:46,768 You're familiar with the argument. 1320 01:06:46,786 --> 01:06:48,119 You know the outcome of the vote. 1321 01:06:48,154 --> 01:06:50,121 But sir, the case will not write. 1322 01:06:50,156 --> 01:06:51,539 The vote was 5 to 3. 1323 01:06:51,574 --> 01:06:53,107 But I can't get that result in the writing, sir. 1324 01:06:53,125 --> 01:06:54,209 I can't get that result 1325 01:06:54,243 --> 01:06:55,326 because there's something else 1326 01:06:55,378 --> 01:06:56,244 that needs to be addressed. 1327 01:06:56,278 --> 01:06:57,612 Mr. connolly! 1328 01:06:58,781 --> 01:07:00,999 Citizens cannot pick and choose 1329 01:07:01,050 --> 01:07:02,450 which war they wish to fight 1330 01:07:02,468 --> 01:07:04,135 any more than they can pick and choose 1331 01:07:04,170 --> 01:07:06,137 which laws they wish to obey. 1332 01:07:06,222 --> 01:07:08,223 But sir, Ali for all intense and purposes 1333 01:07:08,257 --> 01:07:09,808 is opposed to all wars. 1334 01:07:09,842 --> 01:07:11,810 It's right there in the book in black and white. 1335 01:07:11,844 --> 01:07:14,525 No ambiguity. I've marked it up for you, sir. 1336 01:07:19,402 --> 01:07:20,685 I tell you what I do. 1337 01:07:22,405 --> 01:07:24,472 When a case is over, I pull the plug, 1338 01:07:24,490 --> 01:07:25,774 clear my head... 1339 01:07:28,077 --> 01:07:29,577 And make room for the next one. 1340 01:07:29,612 --> 01:07:33,248 ¶ 1341 01:07:33,282 --> 01:07:34,365 all right. 1342 01:07:36,085 --> 01:07:39,120 I give up. I give up. 1343 01:07:39,154 --> 01:07:40,672 And I'll write it your way, sir. 1344 01:07:40,706 --> 01:07:41,206 ¶ 1345 01:07:49,548 --> 01:07:50,048 ¶ 1346 01:07:57,973 --> 01:07:59,858 Is the justice in his office? 1347 01:07:59,892 --> 01:08:02,026 He's in the basement, sir. 1348 01:08:02,061 --> 01:08:03,478 It's movie day. 1349 01:08:03,512 --> 01:08:04,679 Movie day? 1350 01:08:04,697 --> 01:08:06,064 Can I help you, Mr. justice? 1351 01:08:06,115 --> 01:08:07,198 Oh, I'm just wondering 1352 01:08:07,233 --> 01:08:09,818 why 9 men, mostly in their seventies, 1353 01:08:09,852 --> 01:08:12,203 should make judgments about sexuality. 1354 01:08:12,238 --> 01:08:14,706 I'm with you there, sir. I couldn't agree more. 1355 01:08:14,740 --> 01:08:17,024 If I want to go to a pornographic movie, 1356 01:08:17,042 --> 01:08:19,210 then I should pay my money. 1357 01:08:19,245 --> 01:08:22,196 In my view, nothing should be banned. 1358 01:08:22,214 --> 01:08:24,415 Hear, hear! 1359 01:08:24,467 --> 01:08:25,967 I've redone my brief on Ali. 1360 01:08:26,001 --> 01:08:28,041 The justice is expecting it. 1361 01:08:30,556 --> 01:08:31,806 Good boy. 1362 01:08:35,895 --> 01:08:40,047 Oh, baby! I want to make you feel better. 1363 01:08:40,065 --> 01:08:41,483 That's it. 1364 01:08:41,517 --> 01:08:42,934 I don't know what it is, but I know it 1365 01:08:42,985 --> 01:08:44,102 when I see it. 1366 01:08:48,574 --> 01:08:51,559 Is that two males and one female? 1367 01:08:51,577 --> 01:08:53,411 I can't quite make it out. 1368 01:08:53,445 --> 01:08:56,281 It's 3 girls, John. 1369 01:08:56,332 --> 01:08:57,532 Oh, by jove. 1370 01:08:59,451 --> 01:09:00,568 Are they... 1371 01:09:03,289 --> 01:09:06,708 Are they... is that what I think it is? 1372 01:09:10,462 --> 01:09:15,133 Well, that's remarkable. 1373 01:09:15,184 --> 01:09:17,585 Of course, I know a lot of people are wondering about this. 1374 01:09:17,603 --> 01:09:19,587 How about the draft situation? 1375 01:09:19,605 --> 01:09:21,556 Oh, you mean the army. Yeah, I mean... 1376 01:09:21,590 --> 01:09:24,108 They're cleaning out my cell to take me to jail 1377 01:09:24,143 --> 01:09:25,527 'cause it's better there fed 1378 01:09:25,561 --> 01:09:27,312 than in Vietnam dead. 1379 01:09:47,333 --> 01:09:48,299 Night, chaps. 1380 01:09:48,334 --> 01:09:49,574 Night, sir. 1381 01:09:49,585 --> 01:09:51,636 Sam, I realize that 1382 01:09:51,670 --> 01:09:53,721 passover is approaching during the holidays. 1383 01:09:53,756 --> 01:09:55,723 Please feel free to leave the office 1384 01:09:55,758 --> 01:09:57,725 before sundown if you wish. 1385 01:09:57,760 --> 01:09:59,000 Thank you, sir. 1386 01:10:08,237 --> 01:10:13,408 ¶ 1387 01:10:38,684 --> 01:10:40,835 Oh, thank you, Paul. 1388 01:10:40,853 --> 01:10:42,470 Usual time tomorrow, please. 1389 01:10:42,504 --> 01:10:43,605 Yes, sir. 1390 01:11:25,547 --> 01:11:26,597 Ethel? 1391 01:11:26,649 --> 01:11:27,149 ¶ 1392 01:11:44,500 --> 01:11:45,450 oh, my! 1393 01:11:45,501 --> 01:11:46,001 ¶ 1394 01:11:56,879 --> 01:11:59,279 where do you think you're going, huh? 1395 01:12:04,019 --> 01:12:06,220 It's very late, you know. 1396 01:12:06,254 --> 01:12:07,472 And very chilly. 1397 01:12:07,523 --> 01:12:08,023 ¶ 1398 01:12:15,731 --> 01:12:19,117 come on. Let's go home. 1399 01:12:19,151 --> 01:12:19,651 ¶ 1400 01:13:02,477 --> 01:13:03,494 ahh. 1401 01:13:03,529 --> 01:13:05,496 Hiya, Johnny boy. How you doing? 1402 01:13:05,531 --> 01:13:07,982 I have a little love note for you this afternoon. 1403 01:13:08,000 --> 01:13:09,250 Ah. Ha. 1404 01:13:09,284 --> 01:13:11,035 Morning. Morning, sir. 1405 01:13:11,086 --> 01:13:12,326 Morning, gentlemen. 1406 01:13:30,505 --> 01:13:32,940 Could you ask Kevin connolly to come in, please? 1407 01:13:51,043 --> 01:13:52,460 Uh, sit down. 1408 01:13:52,494 --> 01:13:55,213 Sir, I wanted to try and explain. 1409 01:13:55,247 --> 01:13:56,464 Sit down. 1410 01:14:01,837 --> 01:14:03,971 Sir, when you hired me, 1411 01:14:04,006 --> 01:14:06,174 boy, I was just over the moon. 1412 01:14:06,208 --> 01:14:09,543 And it's... it's an honor and a privilege 1413 01:14:09,561 --> 01:14:11,512 to work in your chambers, 1414 01:14:11,546 --> 01:14:14,015 but I'm starting to feel like, 1415 01:14:14,049 --> 01:14:16,150 like I don't belong here and... 1416 01:14:16,185 --> 01:14:17,602 Take this down, please. 1417 01:14:19,688 --> 01:14:20,855 You ready? 1418 01:14:20,889 --> 01:14:22,490 Uh... yes, sir. 1419 01:14:22,524 --> 01:14:28,896 Case 7-8-3, Clay, a.K.A. Ali, 1420 01:14:28,914 --> 01:14:30,915 versus United States. 1421 01:14:30,949 --> 01:14:33,034 Dear chief. 1422 01:14:33,068 --> 01:14:38,906 My original conference vote was to affirm. 1423 01:14:38,924 --> 01:14:42,043 It is on that basis, of course, 1424 01:14:42,077 --> 01:14:46,013 that you assigned the opinion to me. 1425 01:14:46,048 --> 01:14:49,183 Subsequent work on such an opinion 1426 01:14:49,218 --> 01:14:52,386 has brought me serious misgivings. 1427 01:14:52,420 --> 01:14:56,474 I now understand that black muslims 1428 01:14:56,525 --> 01:15:00,528 oppose all wars on religious grounds. 1429 01:15:02,898 --> 01:15:04,232 You flipped. 1430 01:15:07,286 --> 01:15:11,038 Sir, are you... Are you changing your vote? 1431 01:15:11,073 --> 01:15:13,324 Ahem. Last night, I took another look 1432 01:15:13,375 --> 01:15:14,909 at your original briefing. 1433 01:15:14,943 --> 01:15:18,579 I read through the Elijah muhammad book 1434 01:15:18,613 --> 01:15:21,215 and yes, I'm changing my vote. 1435 01:15:23,785 --> 01:15:25,786 Sir, there's really no need 1436 01:15:25,804 --> 01:15:28,089 for you to read this. 1437 01:15:28,123 --> 01:15:32,226 I've... I've changed my mind. 1438 01:15:33,395 --> 01:15:34,478 No. 1439 01:15:36,298 --> 01:15:37,398 No. 1440 01:15:38,850 --> 01:15:40,184 You've changed mine. 1441 01:15:44,639 --> 01:15:45,907 And I salute you. 1442 01:15:51,830 --> 01:15:53,247 All right. Let's press on. 1443 01:15:55,033 --> 01:16:00,621 The religious doctrine of islam states, 1444 01:16:00,655 --> 01:16:03,841 "our refusal to go armed 1445 01:16:03,875 --> 01:16:06,928 is our proof that we want peace." 1446 01:16:06,962 --> 01:16:09,096 Sir! Sir. 1447 01:16:13,352 --> 01:16:16,387 Uh, "Elijah muhammad goes on. 1448 01:16:16,438 --> 01:16:18,856 "We felt that we had no right 1449 01:16:18,890 --> 01:16:22,143 "to take part in a war alongside 1450 01:16:22,177 --> 01:16:23,527 "non-believers of islam 1451 01:16:23,562 --> 01:16:28,032 "who have always denied us justice and equal rights. 1452 01:16:28,066 --> 01:16:30,368 "We believe that we who have declared ourselves 1453 01:16:30,402 --> 01:16:32,370 "to be righteous muslims 1454 01:16:32,404 --> 01:16:35,489 "should not participate in any wars 1455 01:16:35,523 --> 01:16:38,242 which take the lives of others." 1456 01:16:38,293 --> 01:16:41,162 "In my opinion, this passage proves 1457 01:16:41,196 --> 01:16:43,798 "that black muslims are legitimately opposed 1458 01:16:43,832 --> 01:16:46,751 "to all wars on religious grounds. 1459 01:16:46,802 --> 01:16:49,170 "And I am now convinced 1460 01:16:49,204 --> 01:16:52,539 the conviction should be reversed." 1461 01:16:54,376 --> 01:16:55,893 My God! 1462 01:16:58,764 --> 01:17:00,564 The vote's a tie. 1463 01:17:08,824 --> 01:17:11,025 John Harlan has become an apologist 1464 01:17:11,059 --> 01:17:12,777 for the black muslims. 1465 01:17:19,501 --> 01:17:21,786 John Harlan is one of the few people 1466 01:17:21,837 --> 01:17:24,422 who could convince me that there is such a thing 1467 01:17:24,456 --> 01:17:26,374 as a good republican. 1468 01:17:37,602 --> 01:17:39,103 John? 4-4. 1469 01:17:39,137 --> 01:17:40,221 Ah, chief. 1470 01:17:40,255 --> 01:17:42,056 John, you have betrayed me. 1471 01:17:42,090 --> 01:17:44,210 These are your last days on the court. 1472 01:17:44,226 --> 01:17:46,360 What on earth has taken hold of you? 1473 01:17:46,395 --> 01:17:47,695 It's bill Brennan, isn't it? 1474 01:17:47,729 --> 01:17:49,697 He's the one who's been twisting your arm. 1475 01:17:49,731 --> 01:17:51,932 Twisting my arm? Really? 1476 01:17:51,950 --> 01:17:53,451 Don't you patronize me, John. 1477 01:17:53,485 --> 01:17:58,989 Oh, come on in, Warren, and sit down, for God's sake. Come on. 1478 01:18:04,212 --> 01:18:05,296 Sit, sit. 1479 01:18:08,667 --> 01:18:10,501 Don't think I'm not sensitive 1480 01:18:10,552 --> 01:18:12,420 to how you judge me sometimes, John. 1481 01:18:12,454 --> 01:18:13,471 Now, come on, Warren. 1482 01:18:13,505 --> 01:18:15,423 Now you're making it a little too personal. 1483 01:18:15,457 --> 01:18:16,974 No, I'm not. 1484 01:18:17,008 --> 01:18:18,792 I count on you, I depend on you. 1485 01:18:18,810 --> 01:18:20,728 As my colleague, as my friend. 1486 01:18:20,762 --> 01:18:22,096 We have the same values. 1487 01:18:22,130 --> 01:18:24,732 We're both working hard toward a united court. 1488 01:18:24,766 --> 01:18:26,233 Yes, well, it occurs to me that 1489 01:18:26,268 --> 01:18:28,135 sometimes we, we're inclined 1490 01:18:28,153 --> 01:18:31,188 to slide around the issues 1491 01:18:31,239 --> 01:18:32,973 when we wish to achieve certain results. 1492 01:18:32,991 --> 01:18:34,742 That's the way it's done, John. 1493 01:18:34,776 --> 01:18:36,327 I am the chief justice 1494 01:18:36,361 --> 01:18:38,145 of the supreme court of the United States. 1495 01:18:38,163 --> 01:18:39,280 It's my role. 1496 01:18:39,314 --> 01:18:40,414 I think it's time we left 1497 01:18:40,449 --> 01:18:42,083 politics to congress, don't you? 1498 01:18:42,117 --> 01:18:44,318 Please. You're being so naive. 1499 01:18:44,336 --> 01:18:46,696 Apart from this place, do you have any sense 1500 01:18:46,705 --> 01:18:48,422 of what goes on in the real world? 1501 01:18:48,457 --> 01:18:50,591 I know exactly what goes on in the real world. 1502 01:18:50,625 --> 01:18:52,093 All the more reason to protect 1503 01:18:52,127 --> 01:18:55,012 the independence of the court. 1504 01:18:55,046 --> 01:18:56,964 So naive. 1505 01:18:56,998 --> 01:19:00,017 John, I don't understand why you're doing this. 1506 01:19:00,051 --> 01:19:02,186 Why? You're just about to retire. 1507 01:19:02,220 --> 01:19:05,973 Because this court is a continuing body. 1508 01:19:06,007 --> 01:19:08,225 It acknowledges the constitution, 1509 01:19:08,276 --> 01:19:09,894 the problems of the day, 1510 01:19:09,945 --> 01:19:11,345 and tries to reconcile the two, 1511 01:19:11,363 --> 01:19:13,364 and by God I respect that! 1512 01:19:13,398 --> 01:19:15,616 Oh, please. 1513 01:19:15,650 --> 01:19:19,954 The vote is tied, 4 to 4, 1514 01:19:19,988 --> 01:19:20,909 and it's not as if it's 1515 01:19:20,956 --> 01:19:22,406 going to change anything. 1516 01:19:22,457 --> 01:19:24,158 And I can assure you that I am not 1517 01:19:24,192 --> 01:19:25,876 going to shift my position, 1518 01:19:25,911 --> 01:19:27,711 and no one on the court will either. 1519 01:19:27,746 --> 01:19:29,046 How the hell can you be so sure? 1520 01:19:29,080 --> 01:19:30,697 It's wilful, John. 1521 01:19:30,715 --> 01:19:33,384 Do you hear me? It's wilful. 1522 01:19:33,418 --> 01:19:34,752 And what's the result? 1523 01:19:34,803 --> 01:19:36,253 You're not going to get another vote. 1524 01:19:36,304 --> 01:19:38,255 Ali will still go to jail. 1525 01:19:38,306 --> 01:19:40,026 You've accomplished nothing. 1526 01:19:44,879 --> 01:19:47,064 Ooh! Ooh. 1527 01:19:50,402 --> 01:19:51,519 Ahh. 1528 01:19:53,155 --> 01:19:54,238 Uhh. 1529 01:19:57,526 --> 01:19:58,776 Ahh. 1530 01:20:03,915 --> 01:20:05,783 Everything all right, sir? 1531 01:20:05,834 --> 01:20:07,034 Mm. Yes. 1532 01:20:08,870 --> 01:20:11,738 Uh, get me Potter Stewart, will you? 1533 01:20:11,756 --> 01:20:13,040 Right away, sir. 1534 01:20:13,074 --> 01:20:13,574 ¶ 1535 01:20:19,431 --> 01:20:22,383 petrus, the position I've taken on the Ali case 1536 01:20:22,417 --> 01:20:24,918 has absolutely nothing to do with his being a negro. 1537 01:20:24,936 --> 01:20:26,387 I hope you understand that. 1538 01:20:26,421 --> 01:20:29,223 Yes, sir. It's about the law. 1539 01:20:29,257 --> 01:20:29,757 ¶ 1540 01:20:39,484 --> 01:20:40,701 Mrs. Paige. 1541 01:20:40,735 --> 01:20:41,768 Yes? 1542 01:20:41,786 --> 01:20:44,238 Um, it's about the justice. 1543 01:20:44,272 --> 01:20:45,706 What about the justice? 1544 01:20:47,442 --> 01:20:49,043 Is he sick? 1545 01:20:49,077 --> 01:20:50,794 I mean, I know he has back problems, but 1546 01:20:50,829 --> 01:20:52,990 is it something more serious than that? 1547 01:20:55,467 --> 01:20:58,335 He has cancer, Mr. connolly. 1548 01:21:00,955 --> 01:21:04,141 He's a very private man. 1549 01:21:04,175 --> 01:21:06,143 I would ask you to respect that. 1550 01:21:07,596 --> 01:21:08,679 Yes, ma'am. 1551 01:21:12,800 --> 01:21:14,985 Well, we are 4. 1552 01:21:15,020 --> 01:21:17,905 Thurgood has recused himself. 1553 01:21:17,939 --> 01:21:19,473 Where is our fifth coming from? 1554 01:21:19,491 --> 01:21:22,693 Chaps, it's not enough to get the fifth vote. 1555 01:21:22,744 --> 01:21:24,194 In this case, the court 1556 01:21:24,246 --> 01:21:27,314 will have to be perceived as having one voice. 1557 01:21:27,332 --> 01:21:29,833 The vote must be unanimous. 1558 01:21:29,868 --> 01:21:33,037 8-0? 8-0. 1559 01:21:34,339 --> 01:21:35,789 Against the government? 1560 01:21:35,823 --> 01:21:38,592 Jesus, John. The last time around, 1561 01:21:38,627 --> 01:21:40,661 you were trying to get us to back the chief. 1562 01:21:41,880 --> 01:21:43,464 Potter? 1563 01:21:43,498 --> 01:21:46,800 In this situation, I think we have to really dig deep. 1564 01:21:46,834 --> 01:21:49,186 Find a reason to overturn. 1565 01:21:49,220 --> 01:21:51,388 A reason that the others would come aboard. 1566 01:21:53,942 --> 01:21:57,311 You know what this chief is going to say. 1567 01:21:57,345 --> 01:21:58,946 If the court frees Ali, 1568 01:21:58,980 --> 01:22:00,230 every black American 1569 01:22:00,315 --> 01:22:01,782 will join the nation of islam 1570 01:22:01,816 --> 01:22:04,902 so he doesn't have to go and fight in Vietnam. 1571 01:22:04,953 --> 01:22:07,521 Now, that's what he's going to say. 1572 01:22:07,539 --> 01:22:09,156 Well, got to find a reason to reverse 1573 01:22:09,190 --> 01:22:12,126 without setting a precedent. 1574 01:22:12,160 --> 01:22:14,044 You don't change the law. 1575 01:22:14,079 --> 01:22:17,197 You make the ruling specific to the Ali case. 1576 01:22:18,750 --> 01:22:23,036 Well, whatever trick we come up with, 1577 01:22:23,054 --> 01:22:27,091 it's got to come from a republican appointee. 1578 01:22:27,142 --> 01:22:29,476 Me or bill... They'll mangle us. 1579 01:22:31,096 --> 01:22:33,547 John? 1580 01:22:33,565 --> 01:22:36,600 John? 1581 01:22:40,322 --> 01:22:41,572 You ok, Harry? 1582 01:22:44,392 --> 01:22:45,776 I know you're all concerned about 1583 01:22:45,827 --> 01:22:47,745 what you perceive as my indecisiveness. 1584 01:22:47,779 --> 01:22:49,697 You think I can't make up my mind. 1585 01:22:49,731 --> 01:22:52,166 It's not that. It really isn't. 1586 01:22:52,200 --> 01:22:54,668 It's that the issues in this case are so grave. 1587 01:22:54,703 --> 01:22:56,954 You answer one question, even tentatively. 1588 01:22:57,005 --> 01:22:58,238 You think you're safe and then 1589 01:22:58,256 --> 01:23:00,674 two more questions appear on the horizon. 1590 01:23:00,709 --> 01:23:02,926 As I see it, I can't make a final judgment 1591 01:23:02,961 --> 01:23:04,745 until all the facts are in, 1592 01:23:04,763 --> 01:23:08,048 until all the arguments have been analyzed. 1593 01:23:08,082 --> 01:23:10,768 But it's not a math problem, Harry. 1594 01:23:10,802 --> 01:23:12,603 You want to find out one answer. 1595 01:23:12,637 --> 01:23:14,238 It doesn't work that way. 1596 01:23:19,594 --> 01:23:20,955 Here he is. Sorry. 1597 01:23:22,230 --> 01:23:23,390 You're up. 1598 01:23:28,653 --> 01:23:31,104 You must be feeling pleased with yourself. 1599 01:23:31,122 --> 01:23:32,456 Leave it alone, Becker. 1600 01:23:32,490 --> 01:23:34,158 You crossed the line, connolly. 1601 01:23:38,963 --> 01:23:40,964 Ask anybody, 1602 01:23:40,999 --> 01:23:42,416 no matter whose side they're on. 1603 01:23:42,467 --> 01:23:44,134 John Harlan is one of the most respected 1604 01:23:44,169 --> 01:23:46,450 justices in supreme court history. 1605 01:23:47,555 --> 01:23:49,306 Chief burger humiliating him like that 1606 01:23:49,340 --> 01:23:51,341 in front of everybody... 1607 01:23:51,393 --> 01:23:53,977 They heard that all the way over on capitol hill. 1608 01:23:54,012 --> 01:23:55,962 He didn't humiliate him. He just changed his mind 1609 01:23:55,980 --> 01:23:57,347 and then he stood his ground. 1610 01:23:57,399 --> 01:23:59,759 You know he's not thinking straight. 1611 01:24:00,935 --> 01:24:01,902 Harlan did the right thing. 1612 01:24:01,936 --> 01:24:04,354 It's justice Harlan to you, prick. 1613 01:24:07,475 --> 01:24:09,693 When you go home at night, 1614 01:24:09,778 --> 01:24:10,977 did you tell your wife 1615 01:24:10,995 --> 01:24:13,875 how you took advantage of a dying man? 1616 01:24:15,116 --> 01:24:16,250 You know what? 1617 01:24:17,452 --> 01:24:18,836 I've wanted to punch you in the mouth 1618 01:24:18,870 --> 01:24:19,986 since I met you. 1619 01:24:20,922 --> 01:24:22,456 Put them up. 1620 01:24:22,490 --> 01:24:23,507 You're kidding me. 1621 01:24:23,541 --> 01:24:25,709 I'm not kidding. Put them up. 1622 01:24:25,760 --> 01:24:27,994 Wow. Now, I'm not gonna tell you again. 1623 01:24:28,012 --> 01:24:30,264 You're making a mistake here. 1624 01:24:30,298 --> 01:24:31,882 In college, I boxed in the golden... 1625 01:24:36,521 --> 01:24:37,604 Get off him! 1626 01:24:37,639 --> 01:24:39,800 Hey, break it up! 1627 01:24:55,573 --> 01:24:57,124 I've been troubled by the government's case 1628 01:24:57,158 --> 01:24:59,910 against Ali since the very beginning. 1629 01:25:01,296 --> 01:25:05,215 That's why I voted to hear the case in the first place. 1630 01:25:05,250 --> 01:25:08,252 Now, last night, my guys and I, we took a look... 1631 01:25:08,303 --> 01:25:09,837 What is there to look at? 1632 01:25:09,871 --> 01:25:12,372 There are 3 conditions that determine 1633 01:25:12,390 --> 01:25:15,309 the status of a conscientious objector. 1634 01:25:15,343 --> 01:25:17,594 The appeals board ruled that Ali 1635 01:25:17,645 --> 01:25:19,146 did not meet any of them. 1636 01:25:19,180 --> 01:25:21,682 But the appeals board was not specific, chief. 1637 01:25:21,716 --> 01:25:24,768 It did not say which conditions it rejected. 1638 01:25:24,819 --> 01:25:26,153 What's your point? 1639 01:25:26,187 --> 01:25:31,191 Griswold challenged Ali on only one condition. 1640 01:25:31,242 --> 01:25:32,893 He conceded the other two. 1641 01:25:32,911 --> 01:25:36,947 In fact, he said that he found Ali to be sincere 1642 01:25:37,064 --> 01:25:39,917 and that his objections were religiously based. 1643 01:25:41,452 --> 01:25:44,171 So, how do we know that the one condition 1644 01:25:44,205 --> 01:25:45,589 that griswold singled out 1645 01:25:45,623 --> 01:25:47,574 was the same one that the appeal board 1646 01:25:47,592 --> 01:25:50,043 used to hang Ali out to dry? 1647 01:25:50,077 --> 01:25:52,296 We don't. The appeal board said nothing. 1648 01:25:52,347 --> 01:25:56,600 They gave no reasons. It's an error of the law. 1649 01:25:56,634 --> 01:25:58,552 We have no choice but to overturn. 1650 01:25:58,586 --> 01:25:59,720 I know what you're doing, Potter. 1651 01:25:59,754 --> 01:26:02,088 You're trying to hang this on a technicality. 1652 01:26:02,106 --> 01:26:03,774 Yes, a technicality, chief, exactly. 1653 01:26:03,808 --> 01:26:05,526 That way we can avoid a precedent 1654 01:26:05,560 --> 01:26:08,028 and we can make the ruling specific to the Ali case. 1655 01:26:08,062 --> 01:26:09,930 This is absolute nonsense. 1656 01:26:09,948 --> 01:26:12,149 If we do what you're suggesting, 1657 01:26:12,200 --> 01:26:13,650 then a man who refuses 1658 01:26:13,701 --> 01:26:16,620 to fight for his country on dubious grounds 1659 01:26:16,654 --> 01:26:18,405 will still go free. 1660 01:26:18,439 --> 01:26:21,408 His belief's a matter of conscience, Warren. 1661 01:26:21,442 --> 01:26:22,876 Protected by the first amendment. 1662 01:26:24,963 --> 01:26:27,414 Byron, Hugo, Potter, and John 1663 01:26:27,448 --> 01:26:30,217 are all military men, and so are you, bill. 1664 01:26:30,251 --> 01:26:31,952 Do you know what this means? 1665 01:26:31,970 --> 01:26:35,172 Yes. Yes, it means there'll be no more soldiers 1666 01:26:35,223 --> 01:26:38,225 left to fight Nixon's dirty war. 1667 01:26:38,259 --> 01:26:39,309 That's one way to end it. 1668 01:26:39,344 --> 01:26:41,228 Ha ha ha! 1669 01:26:41,262 --> 01:26:42,763 Well, guys, we're losing focus here. 1670 01:26:42,797 --> 01:26:44,631 We're not ruling on the war, 1671 01:26:44,649 --> 01:26:46,400 we don't want to set a precedent, 1672 01:26:46,434 --> 01:26:49,135 we're making this case specific to Ali. 1673 01:26:49,153 --> 01:26:52,105 Byron, you don't agree with this, surely. 1674 01:26:52,139 --> 01:26:57,444 Well, chief, I have to say, uh... 1675 01:26:57,478 --> 01:26:59,529 I think Potter's on to something here. 1676 01:27:04,619 --> 01:27:05,702 Hugo? 1677 01:27:05,753 --> 01:27:08,005 As long as there's no precedent. 1678 01:27:08,039 --> 01:27:08,539 ¶ 1679 01:27:12,377 --> 01:27:13,493 well... 1680 01:27:15,830 --> 01:27:18,799 Harry, it looks as if you and I are outnumbered. 1681 01:27:18,833 --> 01:27:19,333 ¶ 1682 01:27:24,772 --> 01:27:27,557 I've explored this thoroughly, chief. I really have. 1683 01:27:27,609 --> 01:27:29,726 I looked at the arguments, 1684 01:27:29,777 --> 01:27:31,862 I listened to what everybody had to say, 1685 01:27:31,896 --> 01:27:34,731 and I'm gonna vote with the majority. 1686 01:27:34,782 --> 01:27:37,818 I believe that the judgment should be reversed 1687 01:27:37,852 --> 01:27:39,236 and Ali should be set free. 1688 01:27:39,287 --> 01:27:39,787 ¶ 1689 01:27:48,463 --> 01:27:52,866 Well. It seems as if I am isolated. 1690 01:27:52,884 --> 01:27:55,419 Ah, look here. 1691 01:27:55,470 --> 01:27:58,138 The constitution says quite simply 1692 01:27:58,172 --> 01:28:02,592 that you cannot favor one religion over another. 1693 01:28:02,644 --> 01:28:05,062 Now, how can you make a legal distinction 1694 01:28:05,096 --> 01:28:08,598 between jehovah's witnesses and black muslims? 1695 01:28:10,351 --> 01:28:13,053 The only difference... Black muslims are black. 1696 01:28:14,405 --> 01:28:17,157 And that's why they went after Ali. 1697 01:28:17,191 --> 01:28:20,577 And if that's not a racist and political conviction, 1698 01:28:20,611 --> 01:28:22,162 I don't know what is. 1699 01:28:22,196 --> 01:28:26,867 If this court sends Ali to jail, 1700 01:28:26,901 --> 01:28:28,234 it is in effect saying there's 1701 01:28:28,252 --> 01:28:30,620 one law for whites and one law for blacks. 1702 01:28:33,708 --> 01:28:37,243 If you dissent, chief, it might be interpreted 1703 01:28:37,261 --> 01:28:38,929 as a racist vote. 1704 01:28:41,099 --> 01:28:42,049 What? 1705 01:28:42,083 --> 01:28:43,850 You know, you once said to me 1706 01:28:43,885 --> 01:28:45,519 that it was essential 1707 01:28:45,553 --> 01:28:48,271 for both the court and the nation 1708 01:28:48,306 --> 01:28:50,607 that everyone comes on board. 1709 01:28:50,641 --> 01:28:54,695 Your words, chief, and you were right. 1710 01:28:54,729 --> 01:28:56,363 Nobody wants a divided court. 1711 01:28:58,599 --> 01:29:00,984 The opinion is fine, Warren. 1712 01:29:02,737 --> 01:29:06,623 Please, let it go. 1713 01:29:06,657 --> 01:29:07,157 ¶ 1714 01:29:22,840 --> 01:29:24,841 well, I suppose an 8-0 decision 1715 01:29:24,892 --> 01:29:27,394 would be a good lift for the black people. 1716 01:29:34,652 --> 01:29:35,152 ¶ 1717 01:29:53,287 --> 01:29:58,959 chaps, come on, chaps... 1718 01:29:58,993 --> 01:30:00,343 I know it's a tad early, 1719 01:30:00,378 --> 01:30:04,381 but it's never too early for a good old hoot. 1720 01:30:04,432 --> 01:30:06,600 Rebel yell. Does that appeal to you? 1721 01:30:06,634 --> 01:30:07,500 First time for everything, sir. 1722 01:30:07,518 --> 01:30:09,553 It's my favorite. My favorite. 1723 01:30:09,604 --> 01:30:11,438 What happened to you? 1724 01:30:11,472 --> 01:30:13,190 War wounds, sir. 1725 01:30:13,224 --> 01:30:21,224 What? Oh, my God. 1726 01:30:22,283 --> 01:30:25,819 Contrary to his usual form, muhammad Ali seemed subdued 1727 01:30:25,853 --> 01:30:28,371 as he arrived at the South side gym for a workout. 1728 01:30:28,406 --> 01:30:29,539 A black Muslim, he thanked 1729 01:30:29,574 --> 01:30:31,691 Allah and the court for his good fortune 1730 01:30:31,709 --> 01:30:34,377 and told them how he got the news. 1731 01:30:34,412 --> 01:30:36,296 I was on 79th street on the South side 1732 01:30:36,330 --> 01:30:38,248 and just bought my orange in a grocery store 1733 01:30:38,299 --> 01:30:41,034 and the grocery owner came out and grabbed me, 1734 01:30:41,052 --> 01:30:42,803 and hugged me with tears in his eyes. 1735 01:30:42,837 --> 01:30:44,387 Little black fella, and told me 1736 01:30:44,422 --> 01:30:46,840 that you've just been vindicated and you free, 1737 01:30:46,874 --> 01:30:49,042 8 judges all voted in your favor, 1738 01:30:49,060 --> 01:30:52,179 and he just hugged me and squeezed me 1739 01:30:52,213 --> 01:30:54,147 and he was this short... 1740 01:31:02,890 --> 01:31:05,108 I'm on my way, Mrs. Paige. 1741 01:31:05,159 --> 01:31:07,611 Good night, sir. Good night. 1742 01:31:07,662 --> 01:31:08,162 ¶ 1743 01:31:24,428 --> 01:31:27,264 When the supreme court eventually decided 1744 01:31:27,298 --> 01:31:30,100 that you were right and you had a perfect right to do this, 1745 01:31:30,134 --> 01:31:33,303 you showed no resentment against the men 1746 01:31:33,354 --> 01:31:35,605 who had kept you away from boxing. 1747 01:31:35,640 --> 01:31:36,923 You were very quiet about it. 1748 01:31:36,941 --> 01:31:38,424 Then I would be a hypocrite if I did 1749 01:31:38,442 --> 01:31:41,811 because I expected them to recognize 1750 01:31:41,863 --> 01:31:44,981 me for what I believed. 1751 01:31:45,032 --> 01:31:47,450 And they did what they thought was right at the time. 1752 01:31:47,485 --> 01:31:49,602 They took my title. At the time, 1753 01:31:49,620 --> 01:31:51,938 they wouldn't let me box nowhere in the country. 1754 01:31:51,956 --> 01:31:54,241 They just did what they thought was right. 1755 01:31:54,275 --> 01:31:57,577 And for me to now to sue them, or to condemn them, 1756 01:31:57,611 --> 01:31:59,329 or to speak out against them 1757 01:31:59,380 --> 01:32:02,299 for doing what they thought was right, 1758 01:32:02,333 --> 01:32:04,251 then this would be hypocritical. 1759 01:32:04,285 --> 01:32:06,136 So, how can I get on them for doing 1760 01:32:06,170 --> 01:32:07,637 what they really believed was right? 1761 01:32:07,672 --> 01:32:08,172 ¶ 1762 01:32:22,469 --> 01:32:24,187 Sir? 1763 01:32:25,523 --> 01:32:28,024 Kevin connolly, sir. 1764 01:32:28,075 --> 01:32:30,610 And you remember my wife Donna. 1765 01:32:30,644 --> 01:32:34,647 [Baby fussing 1766 01:32:34,665 --> 01:32:36,366 hello, chaps. 1767 01:32:39,537 --> 01:32:41,487 Sweet of you to come. 1768 01:32:41,505 --> 01:32:44,007 Of course. 1769 01:32:44,041 --> 01:32:47,427 And this is our daughter. Louise. 1770 01:32:47,461 --> 01:32:47,961 ¶ 1771 01:32:57,888 --> 01:32:59,672 oh, how wonderful. 1772 01:33:02,676 --> 01:33:05,445 Ali a sneaky right hand. 1773 01:33:05,479 --> 01:33:07,314 Another sneaky right hand. 1774 01:33:07,348 --> 01:33:10,850 This time he works over the shoulder of foreman... 1775 01:33:15,906 --> 01:33:23,546 3, 4, 5, 6...8... 1776 01:33:23,581 --> 01:33:25,915 That's it. The fight is stopped. 1777 01:33:25,967 --> 01:33:32,589 Muhammad Ali is the winner. 1778 01:33:32,640 --> 01:33:34,207 He's done it. 1779 01:33:34,225 --> 01:33:36,042 Muhammad Ali has done it. 1780 01:33:36,060 --> 01:33:38,094 Muhammad Ali has done it. 1781 01:33:38,145 --> 01:33:40,013 The great man has done it. 1782 01:33:40,047 --> 01:33:43,516 I shook up the world, I shook up the world, 1783 01:33:43,550 --> 01:33:45,068 I shook up the world! 1784 01:33:45,102 --> 01:33:47,387 This is the most joyous scene 1785 01:33:47,405 --> 01:33:50,056 ever seen in the history of boxing. 1786 01:33:50,074 --> 01:33:54,560 This is an incredible scene. The place is going wild. 1787 01:33:54,578 --> 01:33:58,498 Muhammad Ali has won; Muhammad Ali has won 1788 01:33:58,532 --> 01:34:01,668 by a knockout, by a knockout! 1789 01:34:01,702 --> 01:34:02,202 ¶ 128599

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