July 12, 2023 • 28 mins
Sarah moves with Linda and Ron to New York City to prepare for the biggest fight of their lives. She soon discovers a traitor in their midst.
~~ Cast Credits ~~
Sarah Weddington: Maya Hawke
Harry Blackmun: William H. Macy
Linda Coffee: Abigail Breslin
Warren Burger: William Fichtner
Cady: Ashley Eskes
Cheryl: Amy Goodmurphy
Mikey: Aaron Cavette
Roy: Luke Kirby
Security Guard: Pat Kelly
See omnystudio.com/listener for privacy information.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:05):
From iHeart Podcasts. This is Supreme The Battle for Row.
Speaker 2 (00:13):
Were Arguments eighteen Roll against.
Speaker 3 (00:18):
Wade, starring Maya Hawk and William H. Macy.
Speaker 4 (00:24):
When you are ready, mister Chief Justice, and may have
pleased the Court?
Speaker 1 (00:29):
Episode four, Bright and Shiny object.
Speaker 5 (00:37):
All right, Harry, what's the wager today?
Speaker 6 (00:40):
No beat Warren. I've been running my clerks ragged lately.
I'm surprised you can get up and down the court
at all.
Speaker 5 (00:45):
No is this softy show some heart, Stephen?
Speaker 7 (00:48):
That was your rebound.
Speaker 8 (00:50):
Should be us out there, old.
Speaker 6 (00:52):
Buddy, for it wouldn't last ten seconds. I'm surprised that
clerks even allow us to watch. We make them nervous,
allow us.
Speaker 8 (01:01):
This is my courthouse.
Speaker 5 (01:02):
It sounded like an earthquake in my chambers the other day.
I'd like to throttle whoever came up with the idea
of putting hardwood and hoops on the roof of the
Supreme Court? Are Bill and Thirgod's still giving you.
Speaker 8 (01:14):
Grief, That's one way to put it.
Speaker 5 (01:16):
You made the right call on the Pentagon papers. Harry
Nixon had every right to block The Times from publishing
it was classified material. Don't let those libs get in
your head.
Speaker 8 (01:26):
Too late for that. Shake it off.
Speaker 9 (01:28):
Then I'm happy.
Speaker 5 (01:30):
Nixon's happy. Well, actually Nixon's furious, but he's happy with
you. You did good. We'll rack up some points on the
abortion thing.
Speaker 6 (01:37):
I doubt that, why Roe, Wade, Are you serious, Warren?
We only agreed to hear the case to decide who
has jurisdiction. It's not as if we'll be attempting to
Oh Warren, No, wake up, Harry.
Speaker 5 (01:53):
Good pass Graham. But that's the way, Warren.
Speaker 6 (01:57):
Do not turn this case into something it's not, Road Wade.
Is simply about whether the matter is suitable for state
or federal court.
Speaker 8 (02:04):
That's all.
Speaker 6 (02:06):
It's about a local DA ignoring a lower court's orders.
It is most certainly not about us deciding the constitutionality
of abortion.
Speaker 5 (02:16):
I don't know about you, Harry, but I wasn't put
on this court to sit on the sidelines on.
Speaker 8 (02:20):
The big issues.
Speaker 6 (02:21):
Nor were you put on it to start a civil war.
Speaker 5 (02:24):
Don't be so melodramatic, Harry.
Speaker 8 (02:26):
Oh no, of course not.
Speaker 6 (02:27):
You're right because people are always so calm and polite
when disagreeing about abortion.
Speaker 5 (02:33):
Relax, Harry. We have the advantage on the court now
for Nixon, men. Time to take our shot.
Speaker 2 (03:04):
Madison Constitutional Mindstitute, How may I direct your call?
Speaker 10 (03:08):
Hi?
Speaker 11 (03:08):
I need to speak to mister Roy Lucas. Please, It's
Sarah Weddington.
Speaker 2 (03:11):
I'm sorry, Missus Weddington. He's not available at the moment,
Madison Constitutional Lines. Dude, how may I direct your calls? Hi?
Speaker 3 (03:22):
Cheryl? It's Sarah Weddington again?
Speaker 11 (03:23):
Is he in?
Speaker 2 (03:24):
I'm afraid mister Lucas is unavailable, Missus Weddington. I'll have
him call you back.
Speaker 11 (03:29):
Mister Lucas needs to call me, Cheryl. The brief is
doing court in a few weeks and we haven't seen
a single draft. I've had my sections done for weeks.
Where are all the sections mister Lucas volunteered to take?
I need to pray.
Speaker 2 (03:42):
I'll tell mister Lucas your call.
Speaker 3 (03:44):
Okay? But that hello?
Speaker 11 (03:47):
Hello Cheryl, Madison Constitutional Law Institute.
Speaker 3 (03:56):
How my I direct your call? Oh? Sorry, Cheryl? That
was your line? Should I say mine now?
Speaker 11 (04:02):
Or do you know it by heart?
Speaker 2 (04:04):
Hello? Missus Weddington, mister Lucas.
Speaker 3 (04:07):
Is not in ye talk to you tomorrow, Cheryl Weddington.
Speaker 2 (04:22):
Residents, What can I do for you? Sarah?
Speaker 11 (04:24):
Mister Lucas Hello, Thank goodness, I called so many times.
Speaker 3 (04:31):
How are you?
Speaker 2 (04:32):
What do you need, Sarah?
Speaker 8 (04:33):
We're swamped over here.
Speaker 11 (04:35):
I'm sorry to bother you, mister Lucas, but you said
you'd have your draft of the brief to show me
by now, by a month ago.
Speaker 2 (04:41):
Actually, Sarah, honey, we have a lot of cases.
Speaker 12 (04:43):
We can't just drop everything when you get anxious.
Speaker 11 (04:46):
Oh I see, of course, it's just the brief is
due to the court soon.
Speaker 2 (04:53):
So listen. We're on top of it, Sarah.
Speaker 12 (04:55):
If you were here in New York, i'd be.
Speaker 2 (04:56):
Able to show you. You're just gonna have to trust me.
I gotta right.
Speaker 3 (04:59):
Wait, what how's it going? I mean, it's coming along.
Speaker 11 (05:05):
I had some thoughts about the Eighth Amendment, Edward, how
focused on the numbers?
Speaker 3 (05:10):
Crap?
Speaker 12 (05:20):
We need to respond to Mount Sinai, Beth, take this
down to the esteem Board of Directors.
Speaker 8 (05:26):
Prayer request to my most recent mister Lucas.
Speaker 3 (05:28):
I'm sorry to interrupt.
Speaker 8 (05:29):
What was it, Cheryl?
Speaker 3 (05:31):
Hello, mister Lucas.
Speaker 8 (05:33):
Sarah, what are you doing in New York?
Speaker 11 (05:35):
You said you could show me your draft of the
brief if I were here, So I'm here.
Speaker 8 (05:39):
Mister Lucas, it's all right, Cheryl, give us a minute.
Speaker 13 (05:42):
Yes, mister Lucas, missus Weddington, Cheryl.
Speaker 8 (05:49):
So, Sarah, you came all the way up from Dallas.
Speaker 11 (05:52):
First airplane ride of my life, followed by my first taxi. Honestly,
I don't know which was scarier. The city looks a
lot more like Midnight Cowboy than breakfast at Tiffany's.
Speaker 3 (06:03):
If you ask me.
Speaker 8 (06:03):
And now, it's not a good time.
Speaker 11 (06:05):
I stopped by the Women's institute nearby, the one b
and deb said offered to help us. They told me
you haven't even reached out to them. Can I see
the brief please, mister Lucas.
Speaker 12 (06:14):
Sarah, honey, relax, you had a long trip, and if
you've made an a point with Cheryl, I could see.
Speaker 8 (06:20):
I've got back to backs all day. It's just not
a good time.
Speaker 3 (06:22):
I won't be a bother. Mister Lucas.
Speaker 11 (06:24):
Just PLoP me down in one of the many rooms
you got here and I'll just get to read.
Speaker 8 (06:28):
Tell you what, let Cheryl know where you're staying. I'll
call you when I have something to show.
Speaker 3 (06:32):
And when will that be?
Speaker 11 (06:33):
The case is coming up on the Supreme Court's docket
in a few months. The brief is due. But I
know you know that because you already filed one extension, Sarah,
not that you bothered to tell me. I received a
letter about it in the mail. If we missed the
next deadline, mister Lucas, the court could throw the case out.
Speaker 8 (06:51):
Relax. Remember I've done this before, Sarah.
Speaker 11 (06:54):
You haven't, which is exactly why I can't stand up
there in front of the justices without a clear understanding
of our argument. I need the brief to lay it
all out. There's a million decisions to make, mister Lucas.
Do we use the Fourth Amendment the nine Some people
are saying we should use the thirteenth prohibited slavery. But
can I really stand up there and argue that force
and a woman to carry a pregnancy to term is
involuntary servitude? I need help now. How far along are
(07:19):
you and your team, Sarah.
Speaker 8 (07:21):
We're going to start on the brief just as soon
as we can.
Speaker 11 (07:23):
Holy hell, you haven't started yet.
Speaker 12 (07:25):
Lower your voice, Sarah. Do you have any idea for
the workload around here? How many cases I have to
get through? How many are coming up before doors?
Speaker 3 (07:31):
You have other abortion cases.
Speaker 12 (07:33):
Loads I'm involved in every major abortion case in this country.
You know that the argument from a paper I wrote
at NYU is responsible for every reason I know.
Speaker 11 (07:41):
I hope how many of your other cases are on
behalf of women seeking the procedure, and how many are
on behalf of wealthy hospitals and providers in need of counsel.
Speaker 8 (07:50):
You're out of your depth, Sarah.
Speaker 11 (07:51):
True words have never been spoken, mister Lucas. But it
also seems like your prioritizing case is paid for by
healthcare providers with deep pockets, as opposed to my case,
which pays nothing.
Speaker 8 (08:01):
Welcome to reality, Sarah, Nice to have you here.
Speaker 3 (08:04):
You made such a big show of it.
Speaker 11 (08:06):
What was that you came all this way down to
Dallas acting like our big savior.
Speaker 3 (08:11):
But you're just a little boy, mister Lucas.
Speaker 11 (08:13):
You just want to collect as many bright and shiny
objects as you can. That's all this case is to you,
real bright, real shiny, and we gifted to you all
wrapped up in a bow, and now that you have it,
you're just a petulant child who leaves his presence around
to collect dust. My case is not going to be
one of your bright and shiny objects, mister Lucas.
Speaker 12 (08:32):
Get off your high horse, Sarah. You don't care about
this case. You just wanted some legal experience. Helly, you
told me so yourself. This case could be about anything.
Don't try to pretend you're a true believer when you're
every bit as ambitious as I am. Enjoy yourself while
you're here, Sarah. You're twenty five years old and you're
in New York for the first time. Have some fun
taking a show. The Prisoner of Second Avenue is wonderful.
(08:53):
Go see the sights and then go on back to
Dallas and I will get you the pages just as
soon as I can.
Speaker 3 (08:58):
I have another idea.
Speaker 11 (08:59):
Actually, may I make a long distance call?
Speaker 3 (09:02):
Please? Ron, I need you, darling. How soon can you
get up here?
Speaker 8 (09:18):
Now hold on a second, Sarah.
Speaker 13 (09:20):
Soon, mister Lucas, your services are no longer required.
Speaker 7 (09:44):
Mister and Missus Weddington. I'm Mikey Eisenberg. We spoke on
the phone. I work here at the Women's Institute.
Speaker 3 (09:50):
Of course, mikey Aha.
Speaker 7 (09:52):
We're excited to help you. However we can. Can I
grab your suitcase?
Speaker 11 (09:55):
Missus Weddington, We've got a Mikey and call me, Sarah.
Speaker 3 (09:59):
This is Ron where are we exactly?
Speaker 7 (10:01):
Mit, technically this is Grammarcy. We're like spitting distance from
Union Square?
Speaker 11 (10:06):
Is it say it's New York, Sarah, I literally don't
know what that.
Speaker 7 (10:12):
Means, Sarah.
Speaker 14 (10:18):
Ron, it's my distinct pleasure to welcome you to the
Women's Institute and Abortion Referral Service.
Speaker 7 (10:24):
You'll be bunking upstairs on the fifth floor.
Speaker 10 (10:26):
Sorry about all the steps, and I mean sorry in
general that it's not more.
Speaker 3 (10:31):
It's fun.
Speaker 11 (10:32):
We're grateful to the Institute of putting us up at all.
We definitely could not afford a hotel in this city.
Speaker 14 (10:43):
This used to be the switchboard room, still is, I guess,
But we'll now also.
Speaker 10 (10:48):
Be your bedroom. But there's no bed, Sure there is,
Ron right there. Those are sofa cushions, Mikey on the floor.
Speaker 8 (11:00):
The stuff into hanging out.
Speaker 10 (11:02):
It's not the plaza.
Speaker 8 (11:03):
I know.
Speaker 10 (11:03):
It's an oven up here. My god, heat rises.
Speaker 14 (11:08):
I guess they say it's going to be the hotest
summer since sixty six.
Speaker 11 (11:12):
You know what, it's fine, it's perfect, Ron, it's perfect.
Speaker 14 (11:17):
Why don't I let you two get settled. The bathroom
is on four. Then come downstairs and you can address
the troops Sarah. All the volunteers and staff were so
excited to get the call from your Dallas group. We
mostly work on outreach and policy advocacy here, but a
bunch of our volunteers are pre law and one els
we can't wait to be put to work on your case. Oh,
careful of the window, it's pretty dusty.
Speaker 8 (11:44):
Mikey level with me. Would you live here?
Speaker 14 (11:49):
Are you kidding me? I live in Alphabet City. This
is the plaza compared to my place.
Speaker 11 (11:54):
Will be so busy we won't even notice.
Speaker 7 (12:03):
Hi, Sarah, Come meet everyone.
Speaker 4 (12:05):
Hi, y'all here, take my chair, Sarah, Get.
Speaker 7 (12:08):
You some coffee, Sarah, I'm okay.
Speaker 3 (12:10):
Thanks.
Speaker 11 (12:11):
I can't tell you how much Ron and I appreciate
all of you donating your time like this, especially in
this heat, and we're coming from Texas.
Speaker 8 (12:19):
You'll get used to it.
Speaker 4 (12:20):
No, you won't.
Speaker 11 (12:21):
Well, as I think you all already know. Our main
job here is to write the Supreme courpri for.
Speaker 8 (12:28):
Our case and to prepare Sarah for argument.
Speaker 2 (12:30):
Thank you.
Speaker 13 (12:31):
Ron.
Speaker 11 (12:31):
Now, this would normally occupy a dozen lawyers working full
time for months at any major firm.
Speaker 3 (12:38):
We have four weeks and I'll be the only one
on it. Full time.
Speaker 11 (12:44):
We do have my gorgeous husband Ron over there though,
till he has to head back to Dallas.
Speaker 3 (12:49):
Now, who else do we have?
Speaker 4 (12:51):
I'm Katie and this is Lucy. We're full time here
at the women's institutes. We want to help any way
we can, Sarah, anyway at all girls.
Speaker 3 (12:59):
That's fantastic.
Speaker 14 (13:00):
Thank you, and Chloe and George over there are our interns.
Speaker 7 (13:04):
We're all here for you, Sarah.
Speaker 8 (13:06):
Just tell us what to do.
Speaker 13 (13:18):
Ron, are you awake?
Speaker 8 (13:22):
What do you think?
Speaker 11 (13:26):
I think you're a hero overcoming in New York and
for sleeping on the floor. I want you to know
how much I appreciate it.
Speaker 8 (13:35):
It's not like I'm missing work.
Speaker 3 (13:37):
You'll find another job soon. You're much smarter than I am.
Speaker 13 (13:40):
Ron.
Speaker 3 (13:41):
Another firm is going to snap you up.
Speaker 8 (13:42):
You'll see what the hell am I doing in New York? Sarah.
You don't need me on this thing.
Speaker 13 (13:48):
Of course I do. You're a brilliant lawyer, much better
than I have.
Speaker 15 (13:52):
Stop saying that, would you? You know you don't believe it,
and don't condescend to me in front of your interns.
Speaker 8 (14:00):
Embarrassing.
Speaker 13 (14:01):
I'm sorry I didn't realize I was.
Speaker 15 (14:04):
Let's just go to sleep. Okay, it's three am.
Speaker 3 (14:08):
All right, Mike.
Speaker 11 (14:10):
He said he saw the news tonight nixing out a
lot of abortions at all military hospitals.
Speaker 8 (14:17):
You think that was aimed at you?
Speaker 13 (14:18):
I think it was aimed at Warrenberger.
Speaker 8 (14:22):
This damn heat.
Speaker 11 (14:24):
You think if we were dropped off in Sarajevo we'd
be able to tell the difference.
Speaker 8 (14:28):
I was thinking it's more like Attika.
Speaker 11 (14:31):
At least they have recreation time there. We spend every
second working. Oh it's so damn hot.
Speaker 13 (14:53):
You sure can't do this in Attica.
Speaker 8 (15:12):
That's my point, Sarah.
Speaker 3 (15:13):
The heck it is wrong. Balls give the net and
you know it.
Speaker 8 (15:16):
Fine cheat seventeen, serving eighteen.
Speaker 4 (15:19):
Why haven't we talked about fetus, right, Sarah?
Speaker 3 (15:21):
Not now, Katie. I need to concentrate.
Speaker 4 (15:24):
This is your sixth game in a row. I think
you can handle it.
Speaker 3 (15:27):
I think better when I play ping pong.
Speaker 4 (15:29):
The fourteenth Amendment defines the person as anyone born or naturalized, says,
so right here.
Speaker 3 (15:36):
My point seventeen surving nineteen.
Speaker 4 (15:38):
We should use this, Sarah. A fetus hasn't been born,
so therefore has no rights under the Fourteenth Like literally
doesn't have the right to life, so killing a fetus
can't be a crime.
Speaker 15 (15:50):
But there have been toward cases where a fetus that
was injured in the womb has warded damages.
Speaker 8 (15:55):
Yeah, but only after birth.
Speaker 14 (15:56):
Ron look at this Keeler Verse Superior Court who assaulted
his pregnant wife killing the fetus was found not guilty
of murder. Fetuses don't have property or inheritance rights for
hundreds of years of common law. If fetus has never
had the rights of a person.
Speaker 11 (16:11):
We use a similar case in Dallas Mocky. But it's
a dangerous path. Do we really want the justices arguing
about when life begins? What if our opposition brings in
priests and rabbis and argue life begins a conception good backfire.
Speaker 4 (16:22):
That's insane. Holy men shouldn't have a say.
Speaker 11 (16:25):
The court is made up of flesh and blood, human beings, Katie,
with their own religious and emotional baggage, their own families.
I don't want them distracted by trying to figure out
when life begins.
Speaker 3 (16:35):
I kind of do.
Speaker 4 (16:36):
Imagine if they were forced to decide that life exists
like inside sperm, they'd literally have to call birth control murder.
Speaker 16 (16:43):
Forget that masturbation would be murder, which is something that
even the justices won't get behind. It's my serve, Sarah,
damn it h eighteen nineteen Sarah, we need to take
big swings.
Speaker 14 (16:55):
If we play it safe and don't take any chances,
this decision will be super narrow and base. We have
the same way as that ping pong ball.
Speaker 11 (17:02):
We can't start expanding the argument. Guys, we're drowning and
research as it is. You're here for what eight hours
a week? We can only do what we.
Speaker 3 (17:09):
Have time for.
Speaker 15 (17:10):
I agree with Mikey, Sarah, you always play things to
your safe.
Speaker 11 (17:14):
Oh, shut up, wrong, serve the ball. Hello, Linda and Sarah,
(17:47):
Please don't hang up.
Speaker 17 (17:48):
I'm not a child, Sarah. I'm not gonna hang up
on you.
Speaker 3 (17:51):
You have to come to New York.
Speaker 17 (17:53):
Linda, Okay, now I'm hanging up.
Speaker 11 (17:54):
We need you.
Speaker 3 (17:55):
I need you.
Speaker 11 (17:56):
I'm the only person working full time on this case.
I'm losing my time with everyone. I'm botting Ron's head off.
The interns here are God's sins, but they're like twelve
years old.
Speaker 3 (18:06):
So are you.
Speaker 11 (18:07):
Plus I've already beaten them all in ping pong, and
I need.
Speaker 17 (18:10):
Fresh met I have a job, Sarah, the firmal just
let me leave, and you wanted this right.
Speaker 2 (18:16):
You gets to me the face of the case.
Speaker 3 (18:18):
How many times do I need to apologize?
Speaker 17 (18:20):
Keep going?
Speaker 3 (18:21):
I'll let you know I should.
Speaker 11 (18:23):
Have acknowledged your role more, Linda, Okay, I don't know
what to say.
Speaker 3 (18:26):
I'm a jerk. I've never been interviewed before. I wasn't prepared.
Speaker 11 (18:29):
I can't do this without you. You know procedure and
statute a million times better than me. You're essential to
this case, and I promise to shout that from the
rafters every chance I get from here on out.
Speaker 3 (18:42):
Please, this case needs you.
Speaker 17 (18:45):
You're getting warmer.
Speaker 15 (18:48):
Do you really believe all that?
Speaker 3 (18:49):
Right now? Linda?
Speaker 11 (18:51):
I swear to God, we're gonna lose, and we're gonna
lose big, and I'll not only have let all our
plaintiffs down, but I will have set the move went
back a decade. This case is going to force none
old men to decide women's rights for generations. So when
I fail, millions, hundreds of millions people keep telling me
(19:12):
I have the chance to.
Speaker 3 (19:13):
Change the world, and I think they're right.
Speaker 11 (19:15):
But without your help, there's a very very, very good chance,
it's going to be for the worst.
Speaker 3 (19:22):
I can be on the plane by.
Speaker 18 (19:23):
Day morning one.
Speaker 5 (19:46):
Why do you insist on driving yourself to court? Harry,
Louis would be happy to pick you up. You're right
on our way in Morning, Justice Burger, Justice Blackman, Morning
James James. You coming by for lunch today, Harry, eleven thirty.
Speaker 6 (20:00):
Yeah, let's have it in your chambers, all right. I'd
like to have a private talk about my workload. I
think I'm ready to take on a little more.
Speaker 5 (20:06):
Well, it's about time.
Speaker 6 (20:08):
I have a few ideas for cases that may help
me get my feet wet.
Speaker 5 (20:12):
If there's no clear majority, Harry, I'm assigning.
Speaker 8 (20:15):
You the abortion case. Excuse me.
Speaker 5 (20:19):
You've got the medical background from your time at Mayo.
You're the obvious.
Speaker 6 (20:23):
Choice, Lauren, I am, at best, the sixth most obvious choice.
I haven't written a single major decision yet.
Speaker 5 (20:31):
You just said you wanted more responsibility. Here, I'm handing
it to you.
Speaker 7 (20:35):
You're handing me a live grenade.
Speaker 6 (20:37):
You want my first major decision on this court to
be settling the abortion controversy.
Speaker 7 (20:42):
You're out of your mind.
Speaker 5 (20:43):
Relax, Harry, you'll do fine.
Speaker 6 (20:45):
They'll all resent it. And me, Bill Whizzer third Good. Anyway,
the senior justice in the majority gets to assign the case,
it may not be yours to give out.
Speaker 5 (20:56):
Let me worry about third Good, Bill and the others.
You both know which way this case is gonna come down.
Speaker 6 (21:03):
You have a crystal ball, Warren. We haven't even heard
the case yet or read the briefs. I have no
earthly idea which way we'll. Don't be a child, Harry,
what's this really about, Warren?
Speaker 9 (21:17):
You'll do fine, Harry.
Speaker 8 (21:32):
I thought you could use a refail.
Speaker 11 (21:35):
Ron. You're the greatest, Thank you baby, Such a clear
nat you can see all the way to the Statue
of Liberty.
Speaker 13 (21:45):
It really does look like a little village, doesn't it if.
Speaker 15 (21:48):
You ignore the sirens, burglar alarms, constant Honkins. Sure, Mikey
tell you a stewardess was murdered around the corner a
few nights ago.
Speaker 13 (21:57):
You're gonna move, Ron.
Speaker 11 (21:59):
Sorry, I'm no expert, but I bet this is the
best breeze in New York right now?
Speaker 8 (22:04):
What do you think I'm leaving, Sarah All?
Speaker 3 (22:09):
This is for us, Ron, You know that, right?
Speaker 11 (22:12):
I mean, you know how easy it'd be for me
to stay at my dead end job for the next
forty years.
Speaker 3 (22:16):
Just stay there and finish that sentence.
Speaker 15 (22:18):
Ron, stay in a dead end job and stay married
to me, that's a nightmare, I.
Speaker 13 (22:24):
Of course not.
Speaker 3 (22:25):
How can you even you.
Speaker 15 (22:26):
Think I've enjoyed having you boss me around in front
of these interns.
Speaker 8 (22:30):
Sarah, you know how.
Speaker 15 (22:32):
Often my friends rasp me about my famous independent wife.
Speaker 8 (22:37):
Do you know one other man who would allow his
wife to do this?
Speaker 11 (22:41):
No?
Speaker 3 (22:42):
I don't.
Speaker 8 (22:43):
Well, then why the hell should I?
Speaker 11 (22:46):
Because I'm drowning wrong. I don't know what the hell
I'm doing. I pretend to be confident because I know
I should be as the lead attorney, But every moment
with these interns, I'm terrified they're going to realize I'm
a fraud. God Roy Lucas was supposed to help us
figure all this out. Instead, I'm the one that has
to decide what constitutional argument to pay abortion to me,
(23:09):
the oldest twenty five year old on the planet. I'm
in so far over my head I can't even see
the damn sky. And staying in my dead end job
and staying married to you isn't the night mare?
Speaker 3 (23:20):
Wrong?
Speaker 8 (23:21):
No? What is?
Speaker 3 (23:24):
What if I'm wrong?
Speaker 8 (23:25):
What if you're wrong about what, Sarah?
Speaker 11 (23:28):
What if life really does start a conception? What if
everything they're arguing is absolutely right and everything I'm arguing
is absolutely wrong. If somehow we pull this off, if
by some miracle we win this thing and I'm dead
wrong about all of it, well, I guess that make
me responsible for more murders than just about anybody in history.
So my question wrong is what if I'm wrong? Please
(23:52):
don't leave.
Speaker 3 (24:04):
What do we think about privacy? Katie?
Speaker 4 (24:06):
Here are the Women's Institute. I think we're lucky. There
are doors on the bathroom stalls.
Speaker 3 (24:10):
Sarah, very funny.
Speaker 11 (24:11):
Look at these pages. The Court has been deciding privacy
cases for years. They just don't call it that.
Speaker 3 (24:16):
What do you mean? What do they call it?
Speaker 11 (24:18):
Just as Brandeis wrote in a Descent about forty years
ago that people have the right to be left alone,
the abortion laws are the opposite of that, aren't they.
Speaker 3 (24:26):
They're so invasive.
Speaker 4 (24:27):
But if Brandeis wrote it in a dissenting opinion.
Speaker 3 (24:30):
It's still in the record, still precedent.
Speaker 4 (24:33):
If the current court even cares, there's four next and
cronies on there.
Speaker 11 (24:37):
Now, cronies who are still bound by the justices that
came before. Look at this Pierce v. Society of Sisters,
olm said vus mayor of v Nebraska. All rely on
an unstated, unwritten right to privacy.
Speaker 4 (24:49):
Okay, but I'd feel better if it was like actually stated.
Speaker 3 (24:54):
We take what we can get. Katie. There's an implicit
rat to privacy in the nonth Amendment.
Speaker 4 (24:59):
Again, I'd feel better if it was explicit. I guess
I just worry that if we rely on a right
that's not actually written into the Constitution, even if we win,
critics will have an easy target.
Speaker 3 (25:12):
So what's the alternative? The equal protection clause?
Speaker 4 (25:15):
Why not restricting abortion definitely impeded? Shender equality?
Speaker 3 (25:19):
What is wrong with that?
Speaker 17 (25:20):
What's wrong with it is that Sarah wants to win.
Speaker 3 (25:23):
Linda, Oh my god, you're here.
Speaker 17 (25:25):
And nine men will never agree that de nine women
abortions has anything to do with equality. I can give
you a week before my firm sends an assassin to
hunt me down.
Speaker 11 (25:33):
In this neighborhood. Who'd even notice me, Katie, our truly
brilliant intern.
Speaker 17 (25:38):
A Hi, Katie, where's wrong? He came up from Dallas
with you, right.
Speaker 10 (25:42):
Sir Sarah?
Speaker 8 (25:43):
Sarah?
Speaker 3 (25:44):
Micky ahead let me introduce you to Linda Costs. He
screwed us, Mackie.
Speaker 14 (25:48):
I'm sorry, but he took us behind the shed. Now
hould our pants down.
Speaker 3 (25:51):
In calmed out? Tell us what you're talking about?
Speaker 14 (25:53):
And an appearance paper has to be filed with the
Supreme Court before the trial.
Speaker 3 (25:57):
Okay, fun, we'll file it.
Speaker 8 (25:58):
So you're pal.
Speaker 7 (25:59):
Roy Lukeucas already filed it himself.
Speaker 11 (26:01):
Sarah, I don't understand what did mister Lucas file exactly?
Speaker 7 (26:06):
He visited himself as counsel, just himself.
Speaker 3 (26:09):
Well, I mean he's not allowed to do that.
Speaker 10 (26:14):
What's allowed?
Speaker 7 (26:15):
There is no allowed.
Speaker 14 (26:17):
He did it. He stole our case, Sarah, far As
the Supreme Court's concerned. Roy Lucas is lead counsel in
the matter of Roe versus Wade. End of story. Sarah,
you're not even going to be permitted to speak in court.
Speaker 17 (26:29):
Landa looks legitimate, Sarah.
Speaker 7 (26:32):
We gotta fight this immediately.
Speaker 4 (26:34):
Mike, he's right. Who do we know what the Supreme
Court that can help maybe a clerk or no.
Speaker 3 (26:40):
You know what, It's fine, mister Lucas is more experienced.
Speaker 8 (26:46):
What how can you say that, Sarah?
Speaker 11 (26:49):
You can't be serious? Lucas has worked on this level before, Linda,
we haven't. I've only stood before Judge a single solitary time,
and we're struggling.
Speaker 3 (27:00):
Let mister Lucas figure out which amendments to use.
Speaker 11 (27:03):
I know it's disappointing, but maybe this is the right outcome.
Speaker 10 (27:06):
What are you saying, Sarah?
Speaker 8 (27:07):
You just want to quit?
Speaker 10 (27:09):
This was all for nothing, Sarah.
Speaker 3 (27:10):
This is what Lucas does.
Speaker 4 (27:12):
It's his m We can't just let him win, Sarah win.
Speaker 3 (27:17):
This isn't a game. We do what's best for the case.
Speaker 11 (27:22):
Can you all honestly say I should be up there
answering mister Thurgood Freaking Marshall's questions, William Brennan's on a
case is important? Is this a case that can affect
this many millions of people? Can you all honestly say
that I'm the best person.
Speaker 9 (27:37):
For the job.
Speaker 3 (27:38):
Yes, well I can't. I'm sorry, Supreme.
Speaker 1 (27:49):
The Battle Farah from iHeart Podcasts created and written by
Aaron Tracy, directed by Rachel Winter, starring Maya Hawk, William H. Macy,
and Al Breslin, also featuring William Fickner as Warren, Luke
Kirby as Roy Ashley ESQ as Katie Aaron Cavitt as Mikey.
(28:10):
Executive produced by Eva Longoria, Ben Spector, Rachel Winter and
Aaron Tracy, as well as Katrina Norvell and Anna Stump
from iHeart produced by Kelly and Kelly. Executive producers for
Kelly and Kelly are Chris Kelly, Lauren Berkovich, and Pat Kelly.
Produced by Tamara Black for Kelly and Kelly. Director of
(28:31):
Audio Chris Kelly. Original score by Hamilton Leitthauser and Anna
Stump edited in sound designed by Paul TATOSKINI. For a
full list of credits, please see show notes.
Speaker 14 (28:49):
This is a production of Unbelievable Entertainment in partnership with iHeartRadio.
From iHeart Podcasts. This is Supreme The Battle for Row.
Speaker 2 (00:13):
Were Arguments eighteen Roll against.
Speaker 3 (00:18):
Wade, starring Maya Hawk and William H. Macy.
Speaker 4 (00:24):
When you are ready, mister Chief Justice, and may have
pleased the Court?
Speaker 1 (00:29):
Episode four, Bright and Shiny object.
Speaker 5 (00:37):
All right, Harry, what's the wager today?
Speaker 6 (00:40):
No beat Warren. I've been running my clerks ragged lately.
I'm surprised you can get up and down the court
at all.
Speaker 5 (00:45):
No is this softy show some heart, Stephen?
Speaker 7 (00:48):
That was your rebound.
Speaker 8 (00:50):
Should be us out there, old.
Speaker 6 (00:52):
Buddy, for it wouldn't last ten seconds. I'm surprised that
clerks even allow us to watch. We make them nervous,
allow us.
Speaker 8 (01:01):
This is my courthouse.
Speaker 5 (01:02):
It sounded like an earthquake in my chambers the other day.
I'd like to throttle whoever came up with the idea
of putting hardwood and hoops on the roof of the
Supreme Court? Are Bill and Thirgod's still giving you.
Speaker 8 (01:14):
Grief, That's one way to put it.
Speaker 5 (01:16):
You made the right call on the Pentagon papers. Harry
Nixon had every right to block The Times from publishing
it was classified material. Don't let those libs get in
your head.
Speaker 8 (01:26):
Too late for that. Shake it off.
Speaker 9 (01:28):
Then I'm happy.
Speaker 5 (01:30):
Nixon's happy. Well, actually Nixon's furious, but he's happy with
you. You did good. We'll rack up some points on the
abortion thing.
Speaker 6 (01:37):
I doubt that, why Roe, Wade, Are you serious, Warren?
We only agreed to hear the case to decide who
has jurisdiction. It's not as if we'll be attempting to
Oh Warren, No, wake up, Harry.
Speaker 5 (01:53):
Good pass Graham. But that's the way, Warren.
Speaker 6 (01:57):
Do not turn this case into something it's not, Road Wade.
Is simply about whether the matter is suitable for state
or federal court.
Speaker 8 (02:04):
That's all.
Speaker 6 (02:06):
It's about a local DA ignoring a lower court's orders.
It is most certainly not about us deciding the constitutionality
of abortion.
Speaker 5 (02:16):
I don't know about you, Harry, but I wasn't put
on this court to sit on the sidelines on.
Speaker 8 (02:20):
The big issues.
Speaker 6 (02:21):
Nor were you put on it to start a civil war.
Speaker 5 (02:24):
Don't be so melodramatic, Harry.
Speaker 8 (02:26):
Oh no, of course not.
Speaker 6 (02:27):
You're right because people are always so calm and polite
when disagreeing about abortion.
Speaker 5 (02:33):
Relax, Harry. We have the advantage on the court now
for Nixon, men. Time to take our shot.
Speaker 2 (03:04):
Madison Constitutional Mindstitute, How may I direct your call?
Speaker 10 (03:08):
Hi?
Speaker 11 (03:08):
I need to speak to mister Roy Lucas. Please, It's
Sarah Weddington.
Speaker 2 (03:11):
I'm sorry, Missus Weddington. He's not available at the moment,
Madison Constitutional Lines. Dude, how may I direct your calls? Hi?
Speaker 3 (03:22):
Cheryl? It's Sarah Weddington again?
Speaker 11 (03:23):
Is he in?
Speaker 2 (03:24):
I'm afraid mister Lucas is unavailable, Missus Weddington. I'll have
him call you back.
Speaker 11 (03:29):
Mister Lucas needs to call me, Cheryl. The brief is
doing court in a few weeks and we haven't seen
a single draft. I've had my sections done for weeks.
Where are all the sections mister Lucas volunteered to take?
I need to pray.
Speaker 2 (03:42):
I'll tell mister Lucas your call.
Speaker 3 (03:44):
Okay? But that hello?
Speaker 11 (03:47):
Hello Cheryl, Madison Constitutional Law Institute.
Speaker 3 (03:56):
How my I direct your call? Oh? Sorry, Cheryl? That
was your line? Should I say mine now?
Speaker 11 (04:02):
Or do you know it by heart?
Speaker 2 (04:04):
Hello? Missus Weddington, mister Lucas.
Speaker 3 (04:07):
Is not in ye talk to you tomorrow, Cheryl Weddington.
Speaker 2 (04:22):
Residents, What can I do for you? Sarah?
Speaker 11 (04:24):
Mister Lucas Hello, Thank goodness, I called so many times.
Speaker 3 (04:31):
How are you?
Speaker 2 (04:32):
What do you need, Sarah?
Speaker 8 (04:33):
We're swamped over here.
Speaker 11 (04:35):
I'm sorry to bother you, mister Lucas, but you said
you'd have your draft of the brief to show me
by now, by a month ago.
Speaker 2 (04:41):
Actually, Sarah, honey, we have a lot of cases.
Speaker 12 (04:43):
We can't just drop everything when you get anxious.
Speaker 11 (04:46):
Oh I see, of course, it's just the brief is
due to the court soon.
Speaker 2 (04:53):
So listen. We're on top of it, Sarah.
Speaker 12 (04:55):
If you were here in New York, i'd be.
Speaker 2 (04:56):
Able to show you. You're just gonna have to trust me.
I gotta right.
Speaker 3 (04:59):
Wait, what how's it going? I mean, it's coming along.
Speaker 11 (05:05):
I had some thoughts about the Eighth Amendment, Edward, how
focused on the numbers?
Speaker 3 (05:10):
Crap?
Speaker 12 (05:20):
We need to respond to Mount Sinai, Beth, take this
down to the esteem Board of Directors.
Speaker 8 (05:26):
Prayer request to my most recent mister Lucas.
Speaker 3 (05:28):
I'm sorry to interrupt.
Speaker 8 (05:29):
What was it, Cheryl?
Speaker 3 (05:31):
Hello, mister Lucas.
Speaker 8 (05:33):
Sarah, what are you doing in New York?
Speaker 11 (05:35):
You said you could show me your draft of the
brief if I were here, So I'm here.
Speaker 8 (05:39):
Mister Lucas, it's all right, Cheryl, give us a minute.
Speaker 13 (05:42):
Yes, mister Lucas, missus Weddington, Cheryl.
Speaker 8 (05:49):
So, Sarah, you came all the way up from Dallas.
Speaker 11 (05:52):
First airplane ride of my life, followed by my first taxi. Honestly,
I don't know which was scarier. The city looks a
lot more like Midnight Cowboy than breakfast at Tiffany's.
Speaker 3 (06:03):
If you ask me.
Speaker 8 (06:03):
And now, it's not a good time.
Speaker 11 (06:05):
I stopped by the Women's institute nearby, the one b
and deb said offered to help us. They told me
you haven't even reached out to them. Can I see
the brief please, mister Lucas.
Speaker 12 (06:14):
Sarah, honey, relax, you had a long trip, and if
you've made an a point with Cheryl, I could see.
Speaker 8 (06:20):
I've got back to backs all day. It's just not
a good time.
Speaker 3 (06:22):
I won't be a bother. Mister Lucas.
Speaker 11 (06:24):
Just PLoP me down in one of the many rooms
you got here and I'll just get to read.
Speaker 8 (06:28):
Tell you what, let Cheryl know where you're staying. I'll
call you when I have something to show.
Speaker 3 (06:32):
And when will that be?
Speaker 11 (06:33):
The case is coming up on the Supreme Court's docket
in a few months. The brief is due. But I
know you know that because you already filed one extension, Sarah,
not that you bothered to tell me. I received a
letter about it in the mail. If we missed the
next deadline, mister Lucas, the court could throw the case out.
Speaker 8 (06:51):
Relax. Remember I've done this before, Sarah.
Speaker 11 (06:54):
You haven't, which is exactly why I can't stand up
there in front of the justices without a clear understanding
of our argument. I need the brief to lay it
all out. There's a million decisions to make, mister Lucas.
Do we use the Fourth Amendment the nine Some people
are saying we should use the thirteenth prohibited slavery. But
can I really stand up there and argue that force
and a woman to carry a pregnancy to term is
involuntary servitude? I need help now. How far along are
(07:19):
you and your team, Sarah.
Speaker 8 (07:21):
We're going to start on the brief just as soon
as we can.
Speaker 11 (07:23):
Holy hell, you haven't started yet.
Speaker 12 (07:25):
Lower your voice, Sarah. Do you have any idea for
the workload around here? How many cases I have to
get through? How many are coming up before doors?
Speaker 3 (07:31):
You have other abortion cases.
Speaker 12 (07:33):
Loads I'm involved in every major abortion case in this country.
You know that the argument from a paper I wrote
at NYU is responsible for every reason I know.
Speaker 11 (07:41):
I hope how many of your other cases are on
behalf of women seeking the procedure, and how many are
on behalf of wealthy hospitals and providers in need of counsel.
Speaker 8 (07:50):
You're out of your depth, Sarah.
Speaker 11 (07:51):
True words have never been spoken, mister Lucas. But it
also seems like your prioritizing case is paid for by
healthcare providers with deep pockets, as opposed to my case,
which pays nothing.
Speaker 8 (08:01):
Welcome to reality, Sarah, Nice to have you here.
Speaker 3 (08:04):
You made such a big show of it.
Speaker 11 (08:06):
What was that you came all this way down to
Dallas acting like our big savior.
Speaker 3 (08:11):
But you're just a little boy, mister Lucas.
Speaker 11 (08:13):
You just want to collect as many bright and shiny
objects as you can. That's all this case is to you,
real bright, real shiny, and we gifted to you all
wrapped up in a bow, and now that you have it,
you're just a petulant child who leaves his presence around
to collect dust. My case is not going to be
one of your bright and shiny objects, mister Lucas.
Speaker 12 (08:32):
Get off your high horse, Sarah. You don't care about
this case. You just wanted some legal experience. Helly, you
told me so yourself. This case could be about anything.
Don't try to pretend you're a true believer when you're
every bit as ambitious as I am. Enjoy yourself while
you're here, Sarah. You're twenty five years old and you're
in New York for the first time. Have some fun
taking a show. The Prisoner of Second Avenue is wonderful.
(08:53):
Go see the sights and then go on back to
Dallas and I will get you the pages just as
soon as I can.
Speaker 3 (08:58):
I have another idea.
Speaker 11 (08:59):
Actually, may I make a long distance call?
Speaker 3 (09:02):
Please? Ron, I need you, darling. How soon can you
get up here?
Speaker 8 (09:18):
Now hold on a second, Sarah.
Speaker 13 (09:20):
Soon, mister Lucas, your services are no longer required.
Speaker 7 (09:44):
Mister and Missus Weddington. I'm Mikey Eisenberg. We spoke on
the phone. I work here at the Women's Institute.
Speaker 3 (09:50):
Of course, mikey Aha.
Speaker 7 (09:52):
We're excited to help you. However we can. Can I
grab your suitcase?
Speaker 11 (09:55):
Missus Weddington, We've got a Mikey and call me, Sarah.
Speaker 3 (09:59):
This is Ron where are we exactly?
Speaker 7 (10:01):
Mit, technically this is Grammarcy. We're like spitting distance from
Union Square?
Speaker 11 (10:06):
Is it say it's New York, Sarah, I literally don't
know what that.
Speaker 7 (10:12):
Means, Sarah.
Speaker 14 (10:18):
Ron, it's my distinct pleasure to welcome you to the
Women's Institute and Abortion Referral Service.
Speaker 7 (10:24):
You'll be bunking upstairs on the fifth floor.
Speaker 10 (10:26):
Sorry about all the steps, and I mean sorry in
general that it's not more.
Speaker 3 (10:31):
It's fun.
Speaker 11 (10:32):
We're grateful to the Institute of putting us up at all.
We definitely could not afford a hotel in this city.
Speaker 14 (10:43):
This used to be the switchboard room, still is, I guess,
But we'll now also.
Speaker 10 (10:48):
Be your bedroom. But there's no bed, Sure there is,
Ron right there. Those are sofa cushions, Mikey on the floor.
Speaker 8 (11:00):
The stuff into hanging out.
Speaker 10 (11:02):
It's not the plaza.
Speaker 8 (11:03):
I know.
Speaker 10 (11:03):
It's an oven up here. My god, heat rises.
Speaker 14 (11:08):
I guess they say it's going to be the hotest
summer since sixty six.
Speaker 11 (11:12):
You know what, it's fine, it's perfect, Ron, it's perfect.
Speaker 14 (11:17):
Why don't I let you two get settled. The bathroom
is on four. Then come downstairs and you can address
the troops Sarah. All the volunteers and staff were so
excited to get the call from your Dallas group. We
mostly work on outreach and policy advocacy here, but a
bunch of our volunteers are pre law and one els
we can't wait to be put to work on your case. Oh,
careful of the window, it's pretty dusty.
Speaker 8 (11:44):
Mikey level with me. Would you live here?
Speaker 14 (11:49):
Are you kidding me? I live in Alphabet City. This
is the plaza compared to my place.
Speaker 11 (11:54):
Will be so busy we won't even notice.
Speaker 7 (12:03):
Hi, Sarah, Come meet everyone.
Speaker 4 (12:05):
Hi, y'all here, take my chair, Sarah, Get.
Speaker 7 (12:08):
You some coffee, Sarah, I'm okay.
Speaker 3 (12:10):
Thanks.
Speaker 11 (12:11):
I can't tell you how much Ron and I appreciate
all of you donating your time like this, especially in
this heat, and we're coming from Texas.
Speaker 8 (12:19):
You'll get used to it.
Speaker 4 (12:20):
No, you won't.
Speaker 11 (12:21):
Well, as I think you all already know. Our main
job here is to write the Supreme courpri for.
Speaker 8 (12:28):
Our case and to prepare Sarah for argument.
Speaker 2 (12:30):
Thank you.
Speaker 13 (12:31):
Ron.
Speaker 11 (12:31):
Now, this would normally occupy a dozen lawyers working full
time for months at any major firm.
Speaker 3 (12:38):
We have four weeks and I'll be the only one
on it. Full time.
Speaker 11 (12:44):
We do have my gorgeous husband Ron over there though,
till he has to head back to Dallas.
Speaker 3 (12:49):
Now, who else do we have?
Speaker 4 (12:51):
I'm Katie and this is Lucy. We're full time here
at the women's institutes. We want to help any way
we can, Sarah, anyway at all girls.
Speaker 3 (12:59):
That's fantastic.
Speaker 14 (13:00):
Thank you, and Chloe and George over there are our interns.
Speaker 7 (13:04):
We're all here for you, Sarah.
Speaker 8 (13:06):
Just tell us what to do.
Speaker 13 (13:18):
Ron, are you awake?
Speaker 8 (13:22):
What do you think?
Speaker 11 (13:26):
I think you're a hero overcoming in New York and
for sleeping on the floor. I want you to know
how much I appreciate it.
Speaker 8 (13:35):
It's not like I'm missing work.
Speaker 3 (13:37):
You'll find another job soon. You're much smarter than I am.
Speaker 13 (13:40):
Ron.
Speaker 3 (13:41):
Another firm is going to snap you up.
Speaker 8 (13:42):
You'll see what the hell am I doing in New York? Sarah.
You don't need me on this thing.
Speaker 13 (13:48):
Of course I do. You're a brilliant lawyer, much better
than I have.
Speaker 15 (13:52):
Stop saying that, would you? You know you don't believe it,
and don't condescend to me in front of your interns.
Speaker 8 (14:00):
Embarrassing.
Speaker 13 (14:01):
I'm sorry I didn't realize I was.
Speaker 15 (14:04):
Let's just go to sleep. Okay, it's three am.
Speaker 3 (14:08):
All right, Mike.
Speaker 11 (14:10):
He said he saw the news tonight nixing out a
lot of abortions at all military hospitals.
Speaker 8 (14:17):
You think that was aimed at you?
Speaker 13 (14:18):
I think it was aimed at Warrenberger.
Speaker 8 (14:22):
This damn heat.
Speaker 11 (14:24):
You think if we were dropped off in Sarajevo we'd
be able to tell the difference.
Speaker 8 (14:28):
I was thinking it's more like Attika.
Speaker 11 (14:31):
At least they have recreation time there. We spend every
second working. Oh it's so damn hot.
Speaker 13 (14:53):
You sure can't do this in Attica.
Speaker 8 (15:12):
That's my point, Sarah.
Speaker 3 (15:13):
The heck it is wrong. Balls give the net and
you know it.
Speaker 8 (15:16):
Fine cheat seventeen, serving eighteen.
Speaker 4 (15:19):
Why haven't we talked about fetus, right, Sarah?
Speaker 3 (15:21):
Not now, Katie. I need to concentrate.
Speaker 4 (15:24):
This is your sixth game in a row. I think
you can handle it.
Speaker 3 (15:27):
I think better when I play ping pong.
Speaker 4 (15:29):
The fourteenth Amendment defines the person as anyone born or naturalized, says,
so right here.
Speaker 3 (15:36):
My point seventeen surving nineteen.
Speaker 4 (15:38):
We should use this, Sarah. A fetus hasn't been born,
so therefore has no rights under the Fourteenth Like literally
doesn't have the right to life, so killing a fetus
can't be a crime.
Speaker 15 (15:50):
But there have been toward cases where a fetus that
was injured in the womb has warded damages.
Speaker 8 (15:55):
Yeah, but only after birth.
Speaker 14 (15:56):
Ron look at this Keeler Verse Superior Court who assaulted
his pregnant wife killing the fetus was found not guilty
of murder. Fetuses don't have property or inheritance rights for
hundreds of years of common law. If fetus has never
had the rights of a person.
Speaker 11 (16:11):
We use a similar case in Dallas Mocky. But it's
a dangerous path. Do we really want the justices arguing
about when life begins? What if our opposition brings in
priests and rabbis and argue life begins a conception good backfire.
Speaker 4 (16:22):
That's insane. Holy men shouldn't have a say.
Speaker 11 (16:25):
The court is made up of flesh and blood, human beings, Katie,
with their own religious and emotional baggage, their own families.
I don't want them distracted by trying to figure out
when life begins.
Speaker 3 (16:35):
I kind of do.
Speaker 4 (16:36):
Imagine if they were forced to decide that life exists
like inside sperm, they'd literally have to call birth control murder.
Speaker 16 (16:43):
Forget that masturbation would be murder, which is something that
even the justices won't get behind. It's my serve, Sarah,
damn it h eighteen nineteen Sarah, we need to take
big swings.
Speaker 14 (16:55):
If we play it safe and don't take any chances,
this decision will be super narrow and base. We have
the same way as that ping pong ball.
Speaker 11 (17:02):
We can't start expanding the argument. Guys, we're drowning and
research as it is. You're here for what eight hours
a week? We can only do what we.
Speaker 3 (17:09):
Have time for.
Speaker 15 (17:10):
I agree with Mikey, Sarah, you always play things to
your safe.
Speaker 11 (17:14):
Oh, shut up, wrong, serve the ball. Hello, Linda and Sarah,
(17:47):
Please don't hang up.
Speaker 17 (17:48):
I'm not a child, Sarah. I'm not gonna hang up
on you.
Speaker 3 (17:51):
You have to come to New York.
Speaker 17 (17:53):
Linda, Okay, now I'm hanging up.
Speaker 11 (17:54):
We need you.
Speaker 3 (17:55):
I need you.
Speaker 11 (17:56):
I'm the only person working full time on this case.
I'm losing my time with everyone. I'm botting Ron's head off.
The interns here are God's sins, but they're like twelve
years old.
Speaker 3 (18:06):
So are you.
Speaker 11 (18:07):
Plus I've already beaten them all in ping pong, and
I need.
Speaker 17 (18:10):
Fresh met I have a job, Sarah, the firmal just
let me leave, and you wanted this right.
Speaker 2 (18:16):
You gets to me the face of the case.
Speaker 3 (18:18):
How many times do I need to apologize?
Speaker 17 (18:20):
Keep going?
Speaker 3 (18:21):
I'll let you know I should.
Speaker 11 (18:23):
Have acknowledged your role more, Linda, Okay, I don't know
what to say.
Speaker 3 (18:26):
I'm a jerk. I've never been interviewed before. I wasn't prepared.
Speaker 11 (18:29):
I can't do this without you. You know procedure and
statute a million times better than me. You're essential to
this case, and I promise to shout that from the
rafters every chance I get from here on out.
Speaker 3 (18:42):
Please, this case needs you.
Speaker 17 (18:45):
You're getting warmer.
Speaker 15 (18:48):
Do you really believe all that?
Speaker 3 (18:49):
Right now? Linda?
Speaker 11 (18:51):
I swear to God, we're gonna lose, and we're gonna
lose big, and I'll not only have let all our
plaintiffs down, but I will have set the move went
back a decade. This case is going to force none
old men to decide women's rights for generations. So when
I fail, millions, hundreds of millions people keep telling me
(19:12):
I have the chance to.
Speaker 3 (19:13):
Change the world, and I think they're right.
Speaker 11 (19:15):
But without your help, there's a very very, very good chance,
it's going to be for the worst.
Speaker 3 (19:22):
I can be on the plane by.
Speaker 18 (19:23):
Day morning one.
Speaker 5 (19:46):
Why do you insist on driving yourself to court? Harry,
Louis would be happy to pick you up. You're right
on our way in Morning, Justice Burger, Justice Blackman, Morning
James James. You coming by for lunch today, Harry, eleven thirty.
Speaker 6 (20:00):
Yeah, let's have it in your chambers, all right. I'd
like to have a private talk about my workload. I
think I'm ready to take on a little more.
Speaker 5 (20:06):
Well, it's about time.
Speaker 6 (20:08):
I have a few ideas for cases that may help
me get my feet wet.
Speaker 5 (20:12):
If there's no clear majority, Harry, I'm assigning.
Speaker 8 (20:15):
You the abortion case. Excuse me.
Speaker 5 (20:19):
You've got the medical background from your time at Mayo.
You're the obvious.
Speaker 6 (20:23):
Choice, Lauren, I am, at best, the sixth most obvious choice.
I haven't written a single major decision yet.
Speaker 5 (20:31):
You just said you wanted more responsibility. Here, I'm handing
it to you.
Speaker 7 (20:35):
You're handing me a live grenade.
Speaker 6 (20:37):
You want my first major decision on this court to
be settling the abortion controversy.
Speaker 7 (20:42):
You're out of your mind.
Speaker 5 (20:43):
Relax, Harry, you'll do fine.
Speaker 6 (20:45):
They'll all resent it. And me, Bill Whizzer third Good. Anyway,
the senior justice in the majority gets to assign the case,
it may not be yours to give out.
Speaker 5 (20:56):
Let me worry about third Good, Bill and the others.
You both know which way this case is gonna come down.
Speaker 6 (21:03):
You have a crystal ball, Warren. We haven't even heard
the case yet or read the briefs. I have no
earthly idea which way we'll. Don't be a child, Harry,
what's this really about, Warren?
Speaker 9 (21:17):
You'll do fine, Harry.
Speaker 8 (21:32):
I thought you could use a refail.
Speaker 11 (21:35):
Ron. You're the greatest, Thank you baby, Such a clear
nat you can see all the way to the Statue
of Liberty.
Speaker 13 (21:45):
It really does look like a little village, doesn't it if.
Speaker 15 (21:48):
You ignore the sirens, burglar alarms, constant Honkins. Sure, Mikey
tell you a stewardess was murdered around the corner a
few nights ago.
Speaker 13 (21:57):
You're gonna move, Ron.
Speaker 11 (21:59):
Sorry, I'm no expert, but I bet this is the
best breeze in New York right now?
Speaker 8 (22:04):
What do you think I'm leaving, Sarah All?
Speaker 3 (22:09):
This is for us, Ron, You know that, right?
Speaker 11 (22:12):
I mean, you know how easy it'd be for me
to stay at my dead end job for the next
forty years.
Speaker 3 (22:16):
Just stay there and finish that sentence.
Speaker 15 (22:18):
Ron, stay in a dead end job and stay married
to me, that's a nightmare, I.
Speaker 13 (22:24):
Of course not.
Speaker 3 (22:25):
How can you even you.
Speaker 15 (22:26):
Think I've enjoyed having you boss me around in front
of these interns.
Speaker 8 (22:30):
Sarah, you know how.
Speaker 15 (22:32):
Often my friends rasp me about my famous independent wife.
Speaker 8 (22:37):
Do you know one other man who would allow his
wife to do this?
Speaker 11 (22:41):
No?
Speaker 3 (22:42):
I don't.
Speaker 8 (22:43):
Well, then why the hell should I?
Speaker 11 (22:46):
Because I'm drowning wrong. I don't know what the hell
I'm doing. I pretend to be confident because I know
I should be as the lead attorney, But every moment
with these interns, I'm terrified they're going to realize I'm
a fraud. God Roy Lucas was supposed to help us
figure all this out. Instead, I'm the one that has
to decide what constitutional argument to pay abortion to me,
(23:09):
the oldest twenty five year old on the planet. I'm
in so far over my head I can't even see
the damn sky. And staying in my dead end job
and staying married to you isn't the night mare?
Speaker 3 (23:20):
Wrong?
Speaker 8 (23:21):
No? What is?
Speaker 3 (23:24):
What if I'm wrong?
Speaker 8 (23:25):
What if you're wrong about what, Sarah?
Speaker 11 (23:28):
What if life really does start a conception? What if
everything they're arguing is absolutely right and everything I'm arguing
is absolutely wrong. If somehow we pull this off, if
by some miracle we win this thing and I'm dead
wrong about all of it, well, I guess that make
me responsible for more murders than just about anybody in history.
So my question wrong is what if I'm wrong? Please
(23:52):
don't leave.
Speaker 3 (24:04):
What do we think about privacy? Katie?
Speaker 4 (24:06):
Here are the Women's Institute. I think we're lucky. There
are doors on the bathroom stalls.
Speaker 3 (24:10):
Sarah, very funny.
Speaker 11 (24:11):
Look at these pages. The Court has been deciding privacy
cases for years. They just don't call it that.
Speaker 3 (24:16):
What do you mean? What do they call it?
Speaker 11 (24:18):
Just as Brandeis wrote in a Descent about forty years
ago that people have the right to be left alone,
the abortion laws are the opposite of that, aren't they.
Speaker 3 (24:26):
They're so invasive.
Speaker 4 (24:27):
But if Brandeis wrote it in a dissenting opinion.
Speaker 3 (24:30):
It's still in the record, still precedent.
Speaker 4 (24:33):
If the current court even cares, there's four next and
cronies on there.
Speaker 11 (24:37):
Now, cronies who are still bound by the justices that
came before. Look at this Pierce v. Society of Sisters,
olm said vus mayor of v Nebraska. All rely on
an unstated, unwritten right to privacy.
Speaker 4 (24:49):
Okay, but I'd feel better if it was like actually stated.
Speaker 3 (24:54):
We take what we can get. Katie. There's an implicit
rat to privacy in the nonth Amendment.
Speaker 4 (24:59):
Again, I'd feel better if it was explicit. I guess
I just worry that if we rely on a right
that's not actually written into the Constitution, even if we win,
critics will have an easy target.
Speaker 3 (25:12):
So what's the alternative? The equal protection clause?
Speaker 4 (25:15):
Why not restricting abortion definitely impeded? Shender equality?
Speaker 3 (25:19):
What is wrong with that?
Speaker 17 (25:20):
What's wrong with it is that Sarah wants to win.
Speaker 3 (25:23):
Linda, Oh my god, you're here.
Speaker 17 (25:25):
And nine men will never agree that de nine women
abortions has anything to do with equality. I can give
you a week before my firm sends an assassin to
hunt me down.
Speaker 11 (25:33):
In this neighborhood. Who'd even notice me, Katie, our truly
brilliant intern.
Speaker 17 (25:38):
A Hi, Katie, where's wrong? He came up from Dallas
with you, right.
Speaker 10 (25:42):
Sir Sarah?
Speaker 8 (25:43):
Sarah?
Speaker 3 (25:44):
Micky ahead let me introduce you to Linda Costs. He
screwed us, Mackie.
Speaker 14 (25:48):
I'm sorry, but he took us behind the shed. Now
hould our pants down.
Speaker 3 (25:51):
In calmed out? Tell us what you're talking about?
Speaker 14 (25:53):
And an appearance paper has to be filed with the
Supreme Court before the trial.
Speaker 3 (25:57):
Okay, fun, we'll file it.
Speaker 8 (25:58):
So you're pal.
Speaker 7 (25:59):
Roy Lukeucas already filed it himself.
Speaker 11 (26:01):
Sarah, I don't understand what did mister Lucas file exactly?
Speaker 7 (26:06):
He visited himself as counsel, just himself.
Speaker 3 (26:09):
Well, I mean he's not allowed to do that.
Speaker 10 (26:14):
What's allowed?
Speaker 7 (26:15):
There is no allowed.
Speaker 14 (26:17):
He did it. He stole our case, Sarah, far As
the Supreme Court's concerned. Roy Lucas is lead counsel in
the matter of Roe versus Wade. End of story. Sarah,
you're not even going to be permitted to speak in court.
Speaker 17 (26:29):
Landa looks legitimate, Sarah.
Speaker 7 (26:32):
We gotta fight this immediately.
Speaker 4 (26:34):
Mike, he's right. Who do we know what the Supreme
Court that can help maybe a clerk or no.
Speaker 3 (26:40):
You know what, It's fine, mister Lucas is more experienced.
Speaker 8 (26:46):
What how can you say that, Sarah?
Speaker 11 (26:49):
You can't be serious? Lucas has worked on this level before, Linda,
we haven't. I've only stood before Judge a single solitary time,
and we're struggling.
Speaker 3 (27:00):
Let mister Lucas figure out which amendments to use.
Speaker 11 (27:03):
I know it's disappointing, but maybe this is the right outcome.
Speaker 10 (27:06):
What are you saying, Sarah?
Speaker 8 (27:07):
You just want to quit?
Speaker 10 (27:09):
This was all for nothing, Sarah.
Speaker 3 (27:10):
This is what Lucas does.
Speaker 4 (27:12):
It's his m We can't just let him win, Sarah win.
Speaker 3 (27:17):
This isn't a game. We do what's best for the case.
Speaker 11 (27:22):
Can you all honestly say I should be up there
answering mister Thurgood Freaking Marshall's questions, William Brennan's on a
case is important? Is this a case that can affect
this many millions of people? Can you all honestly say
that I'm the best person.
Speaker 9 (27:37):
For the job.
Speaker 3 (27:38):
Yes, well I can't. I'm sorry, Supreme.
Speaker 1 (27:49):
The Battle Farah from iHeart Podcasts created and written by
Aaron Tracy, directed by Rachel Winter, starring Maya Hawk, William H. Macy,
and Al Breslin, also featuring William Fickner as Warren, Luke
Kirby as Roy Ashley ESQ as Katie Aaron Cavitt as Mikey.
(28:10):
Executive produced by Eva Longoria, Ben Spector, Rachel Winter and
Aaron Tracy, as well as Katrina Norvell and Anna Stump
from iHeart produced by Kelly and Kelly. Executive producers for
Kelly and Kelly are Chris Kelly, Lauren Berkovich, and Pat Kelly.
Produced by Tamara Black for Kelly and Kelly. Director of
(28:31):
Audio Chris Kelly. Original score by Hamilton Leitthauser and Anna
Stump edited in sound designed by Paul TATOSKINI. For a
full list of credits, please see show notes.
Speaker 14 (28:49):
This is a production of Unbelievable Entertainment in partnership with iHeartRadio.
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