August 16, 2023 • 31 mins
Harry is forced to become what he most detests, leading to a momentous decision, and the termination of a lifelong friendship. Sarah breaks another record.
See omnystudio.com/listener for privacy information.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:07):
From iHeart Podcasts. This is Supreme The Battle.
Speaker 2 (00:13):
For Rows eighteen Roll Against.
Speaker 1 (00:18):
Wade, starring Maya Hawk and William H. Macon.
Speaker 2 (00:24):
Whenever you are.
Speaker 3 (00:24):
Ready, mister Chief Justice, and may have placed the Court.
Speaker 1 (00:29):
Episode nine, The most controversial man in America.
Speaker 4 (00:37):
Closed the door. I made a decision. We're starting over.
We're striking down the Texas law.
Speaker 5 (00:44):
Really yes, really?
Speaker 6 (00:46):
Yes? Why is that so hard to believe?
Speaker 5 (00:48):
It's just you're sure this time because you have had
a few false starts.
Speaker 6 (00:53):
I am. Now, how do we get this done?
Speaker 5 (00:55):
Your honor?
Speaker 4 (00:56):
This will be my first major decision, I write, Charlie,
we need a home run.
Speaker 5 (01:00):
Okay, I say we go for it, sir. The more
lenient we are with restrictions, the more likely we are
to ensure Marshall and Brennan's sign on.
Speaker 4 (01:07):
No no, Marshall, Brennan and Douglas are in the bag.
We can't go too far and risk alienating Powell, Stewart
and Warren.
Speaker 5 (01:14):
I disagree, sir. We shouldn't take the liberal justices for granted.
But aren't we missing the bigger picture? We only need
one more vote for a five four majority.
Speaker 4 (01:23):
Absolutely not, sir, If we're evenly split one more vote
gets us over the top.
Speaker 6 (01:29):
Yes, Charlie, I'm aware how math works. Thank you.
Speaker 4 (01:32):
But open a newspaper, turn on the TV. Abortion clinics
are getting bombed, women and doctors are being harassed and dying.
This can't be a five to four decision. We can't
squeak by. I want a real majority, not a coin toss. Yes, sir,
Now let's go get the damn votes. You say I
have to play politics. That's what I'll do. I'll play
(01:53):
majong if you tell me that's the only way. Now,
where do we begin?
Speaker 5 (01:57):
How about Justice Powell?
Speaker 4 (01:58):
Ser Oh christ Hal wrote the blueprint for the rise
of the American Conservative movement. For the Lewis Powell, this
country would go back to before it even heard of FDR. Okay,
how about the Chief then, No, we need to work
our way toward Warren.
Speaker 6 (02:13):
How about Wizard Justice White.
Speaker 5 (02:16):
I'll due respect your honor. You're dreaming.
Speaker 6 (02:18):
Wizard was appointed by JFK. Charlie.
Speaker 4 (02:20):
There's a shot, and think how much it'll help dissuay
the others.
Speaker 6 (02:28):
Whizz there, nice moves out there.
Speaker 7 (02:31):
I led the NFL in rushing my rookie season, Harry,
I don't need the condescension.
Speaker 4 (02:36):
I didn't mean anything by it, Whizzer. It's about a
million times better than I could do. You have a
second to talk, Oh.
Speaker 7 (02:43):
Christ No, I haven't read your latest five hundred page
opis Harry, how about you give me the cliffs notes.
Speaker 6 (02:49):
Well, sure, here's the overview.
Speaker 4 (02:51):
I'm throwing it out and starting again with something that
actually has a shot at working.
Speaker 5 (02:56):
Well, look at you.
Speaker 7 (02:57):
You're voting to strike down the Texas law.
Speaker 6 (03:00):
Do you need to get on board, Wizard?
Speaker 4 (03:01):
Yeah, how about a lobotomy if that's where we're starting.
Speaker 7 (03:05):
Look, it's not up to us, Harry, the least democratic
branch of the government shouldn't be settling this.
Speaker 6 (03:10):
Leave it for Congress or the States.
Speaker 4 (03:12):
You wouldn't say that about civil rights. We wouldn't have
Brown v Board, Miranda, Gideon Erry.
Speaker 7 (03:19):
If nine old men unilaterally make this decision, you'll radicalize
this country.
Speaker 6 (03:23):
People will go crazy.
Speaker 7 (03:25):
Let the politicians decide they were elected at least.
Speaker 6 (03:28):
This is raw judicial power gone wrong. No, Wizard.
Speaker 4 (03:32):
When my granddaughters are in college, they won't believe there
was a time women didn't have the right to control
their own bodies anymore than we can believe they once
didn't have the right to vote. Come on board, help
me shape this thing.
Speaker 6 (03:46):
What do you say?
Speaker 7 (03:48):
Sorry, Harry, Now, if you'll excuse me, I got a
game to.
Speaker 8 (03:51):
Play, Lewis you got a second for you, Harry, take
a seat.
Speaker 6 (04:06):
You probably know why I am here.
Speaker 8 (04:08):
I want the husband to have us say take it
or leave it.
Speaker 4 (04:13):
You want to require a husband's approval for his wife's abortion.
Brendan and Douglas will never go for it.
Speaker 6 (04:19):
Persuade them, Harry, you're right and the decision. That's your job.
I can't risk alienating the votes we already have.
Speaker 8 (04:27):
The father has just as many rights to the child
as the mother, Harry. This shouldn't be controversial.
Speaker 4 (04:33):
Oh christ Powell, we can't even call it a child.
Speaker 6 (04:38):
What planet are you want? Will lose?
Speaker 4 (04:40):
Douglas and Marshall for sure, they're good.
Speaker 6 (04:48):
You got a second.
Speaker 5 (04:49):
Don't use privacy, Harry Good.
Speaker 6 (04:52):
The court is established the right to privacy over and over.
It's a natural fit for this case.
Speaker 9 (04:58):
Except for one thing. Show me where in the Constitution
it explicitly mentions the right to privacy?
Speaker 6 (05:04):
What are you an originalist?
Speaker 5 (05:06):
Now?
Speaker 4 (05:06):
Who cares if it's not in the text. We've recognized
zones of privacy before.
Speaker 9 (05:11):
This decision needs to be rock solid, Harry, rock solid.
Root it in a written provision, not something that nine
of us got together and made up like a zone
of privacy.
Speaker 6 (05:30):
Well, Potter, what's it gonna take?
Speaker 10 (05:34):
You know?
Speaker 2 (05:34):
I'm leaning toward you, Harry, I.
Speaker 6 (05:36):
Do what do you need to actually lay down with me?
Speaker 2 (05:39):
I don't want it on the government's dime. What I
can get to a place where the due process clause
guarantees a woman's right to choose. But I can't get
on board with forcing the state or FED to pay
for the procedure.
Speaker 4 (05:52):
And women who can't afford an abortion, Potter, what good
is giving them the right if they can't exercise.
Speaker 2 (05:58):
It, they'll find a way. If they really want it done,
they'll figure it out.
Speaker 6 (06:04):
Anything else.
Speaker 2 (06:05):
Yeah, I want to protect all existing state statutes.
Speaker 6 (06:09):
Oh holy well, well that was humiliating.
Speaker 4 (06:23):
Thank you, Charlie. Now we know why I became a
judge and not a politician.
Speaker 6 (06:28):
Where the hell are we.
Speaker 5 (06:29):
To a unanimous decision? Not going to happen, your honor,
But we can still get this done. How do you
feel about Justice Powell's demands?
Speaker 4 (06:36):
I feel sick about them. Thank you very much, as
do Douglas and Marshall.
Speaker 5 (06:40):
Sir, but I think maybe maybe we could compromise enough
to get Powell on board without completely losing the Liberals.
As for Justice, Wife and.
Speaker 4 (06:50):
Stewarts, Whizzer and Potter are lost causes if we don't
alienate their good Christ.
Speaker 6 (06:55):
What are these names?
Speaker 4 (06:56):
It sounds like the cast of a children's play. Anyway,
Wizards completely beyond redemption. I'm afraid I agree you Runner,
So that puts us at a very very shaky five
for sir.
Speaker 6 (07:09):
Not good enough. It may have to be, sir, Nope,
let's keep working. Knock Warren, mister Chief Justice. Hello, don't
get up. What can I do for you? Warren?
Speaker 11 (07:19):
Word around here, Harry, is that you've been doing some
horse trading.
Speaker 6 (07:24):
I learned from the best. I don't get it.
Speaker 11 (07:27):
Why are you trying so hard on this one?
Speaker 6 (07:30):
Don't think you've escaped. I'm coming for you next. What
on earth has gotten into you? I need your vote, Warren,
and I intend to get it.
Speaker 12 (07:56):
Oh Lord, I can see through the window. The rain
is coming. She's a talker.
Speaker 6 (08:00):
I'll be on the sidewalk. Keep it brief, Sarah. Remember
it's a numbers game.
Speaker 12 (08:06):
Hi, Lorraine, how you doing, Sarah Weddington?
Speaker 13 (08:10):
What are you doing on my porch? Come in, come in.
Speaker 14 (08:13):
I'd love to, but my campaign manager would have my head.
That's him on the sidewalk.
Speaker 12 (08:17):
There, Payson campaign manager. That's right. I'm running for the
state House and i'd love your vote. Lorraine.
Speaker 14 (08:24):
Here, take this literature. I'm dropping it off for everyone
in the district. How about you give it a read?
Speaker 13 (08:29):
Of course, give it here.
Speaker 12 (08:31):
Thanks Lorraine. I gotta go, but let's have dinner somenight. Okay.
Speaker 13 (08:35):
Oh, i'd love that. We haven't seen Ron in ages?
Speaker 12 (08:38):
Oh yet?
Speaker 13 (08:39):
What ever happened with that big case you went to
Washington for, Sarah?
Speaker 12 (08:43):
Good question. I guess they'll get around to making a
decision one of these days.
Speaker 2 (08:47):
Ah.
Speaker 13 (08:48):
Must be hard not knowing if you won or lost.
You probably put a lot of work into that.
Speaker 14 (08:53):
Huh just a bit anyway, Thanks for your support. I
got about a million more.
Speaker 13 (08:59):
Ho good luck, Honey, your honor.
Speaker 6 (09:15):
Do you have a second, Charlie, sit down? Look this over?
Will you tell me if the language is clear?
Speaker 5 (09:20):
Yes, sir, I actually have something that I think you
need to hear. Well, spit it out, you know how
We've been trying to sway Justice Stewart to our side
for weeks.
Speaker 4 (09:28):
Yes, Charlie, I'm aware Potter Stewart won't even read the
damn thing. I've done everything short of show up at
his house and read it to him as a bedtime story.
Speaker 5 (09:36):
I have reason to believe he may be swayable.
Speaker 4 (09:39):
Stuart m doubtful appointed by a Republican when against all
the equal protection cases. But your honor even more relevant
for us, he dissented in Griswold in the ground said
he didn't believe the right to privacy exists in the
fourteenth Amendment.
Speaker 5 (09:53):
I know all that, sir, but I've just found out
some interesting information, the kind that suggests the marble that
just a Stewart vote is etchedon.
Speaker 4 (10:01):
Might have a few cracks, the marble that when you're
on the Supreme Court someday, Charlie, which you no doubt
will be, you can savor it when you have pertinent information,
but while you're still a clerk out with it.
Speaker 5 (10:15):
Apologies, sir, my information isn't regarding Stewart exactly. It's his wife.
Speaker 6 (10:21):
No, No, absolutely not. Whatever it is. I'm not interested.
Speaker 4 (10:25):
Family crosses the line Charlie, I wouldn't want other justices
discussing Dottie.
Speaker 5 (10:30):
Missus Blackman doesn't volunteer for Planned parenthood, Your honor.
Speaker 6 (10:33):
What did you just say?
Speaker 5 (10:34):
Justice Stewart's wife has been volunteering out of Virginia branch
of Planned Paranhaud for years.
Speaker 6 (10:39):
Well, that's very interesting.
Speaker 5 (10:43):
I gotta think Stuart's vote is up for grabs, Your honor.
Perhaps a deal can be made, and if it can,
then it would be six votes solid majority, sir, and
could maybe sway the chief too. We'd have to play
it just right, Yes, your Honor, I agree.
Speaker 4 (10:57):
I can't go directly to Steward because it'll get right
back to Warren, and Warren will immediately bring Stuart into line.
Speaker 5 (11:03):
I can backchannel with one of Stuart's clerks, Sir.
Speaker 4 (11:06):
No, all four of his clerks are suck ups to Warren.
They'd love nothing more than to go running to him.
I may have another idea.
Speaker 6 (11:16):
How's your backstroke, Charlie, Justice Stewart, Can I help you?
Speaker 5 (11:34):
It's Charlie, Sir, Justice Blackman's clerk.
Speaker 2 (11:37):
What are you doing here?
Speaker 7 (11:39):
You work out of this gym?
Speaker 5 (11:40):
I got a day pass, your Honor. I was hoping
we could speak.
Speaker 2 (11:47):
What's this all about, Charlie. This is a little too
cloak and dagger for my liking.
Speaker 5 (11:52):
I'm very sorry, your honor. As you know, Justice Blackman
is attempting to assemble a majority on Row.
Speaker 2 (11:58):
What exactly do you have to say to me that
can't be said in my chambers in an hour, Sir.
Speaker 5 (12:02):
Justice Blackman is willing to compromise if he comes to
your chambers. He knows that whatever he says will go
right back to the Chief. Your clerks are close with
Justice Berger, Sir.
Speaker 2 (12:12):
I see what sort of compromise is your boss thinking.
Speaker 5 (12:16):
Timing, Your honor, excuse me. We know your feelings on
the Fourteenth Amendments limitations, but we're hoping you feel some
flexibility on how far those limits extend. For instance, what
if abortion were legal in the first trimester of a
pregnancy across the nation?
Speaker 2 (12:34):
What the hell is a trimester?
Speaker 5 (12:36):
We know that it's never been used in this context before, sir,
but from Justice Blackman's research at Mayo, it seems to
him a fertile place for compromise. Doctors already break pregnancies
into three periods during the first trimester, when the procedure
is much safer than actually giving birth. We wouldn't allow
state governments to restrict abortions in the second trimester there
(12:58):
are slightly more risks. Will let states protect the other
by enacting regulations as long as they're reasonable.
Speaker 2 (13:04):
And the third trimester? What does your boss say about that?
Speaker 5 (13:08):
His research indicates that by the final third of the
pregnancy the fetus is viable. Therefore will allow the state
to protect the prenatal life if it wishes. Interesting justice,
Blackman thought that might be a compromise. You could get
on board with your honor? Was he right?
Speaker 2 (13:24):
How soon can Harry turn around a new draft, one
that reflects this trimester idea?
Speaker 5 (13:30):
Is that a yes, your honor, it's.
Speaker 2 (13:32):
A maybe, son, But more than anything, this needs to
get done fast. You have no idea How much I
hear about this at home every night?
Speaker 5 (13:40):
Yes, sir, but there's a bit of a hold up
with the revision, sir. What hold up the chief, sir?
He's still refusing to come down on either side. It
appears that he's stalling.
Speaker 2 (13:51):
Why on earth would Warren be stalling?
Speaker 4 (14:06):
We got steaks here, get your steaks medium, rare, nice
and hot.
Speaker 6 (14:09):
We got burgers.
Speaker 5 (14:11):
We got cheeseburgers.
Speaker 6 (14:12):
Take your picks.
Speaker 15 (14:13):
Someone's in a good mood, Dottie.
Speaker 4 (14:15):
It turns out the way of the world was a
lot to carry around cheeseburger from my love.
Speaker 15 (14:21):
Oh, I could get used to this.
Speaker 6 (14:22):
The end is nigh, Dottie. I can almost taste it.
Speaker 15 (14:25):
Oh, that's wonderful, sweetheart. And how did you do it?
How did you convince the others to come on board?
Speaker 6 (14:30):
Compromise resolved? My natural charm? I got it all, baby,
We had the majority locked up. I just need a
straggler to come on board. Let me guess who you
know exactly who the question is? Why I haven't figured
that one out yet.
Speaker 15 (14:45):
Oh, I'll get it. It's probably Ron and Belle. I'm
across the street, Harry. We've got visitors.
Speaker 6 (14:58):
Justice Blackman, Hello, who are you?
Speaker 5 (15:00):
Special Agent Ambler?
Speaker 6 (15:02):
FBI?
Speaker 5 (15:02):
This is special Agent Cutters.
Speaker 15 (15:04):
Has something happened?
Speaker 6 (15:05):
Not at all, Man.
Speaker 5 (15:06):
We didn't mean to frighten you.
Speaker 6 (15:07):
Believe me, she's not frightened. Why have you gentlemen come
to my home stake?
Speaker 5 (15:11):
Smell delicious, Justice Blackman, you must speak quite a chef.
Speaker 6 (15:14):
What exactly can't wait until I'm at the courthouse.
Speaker 5 (15:17):
This is a courtesy call, your honor. Think of it
as a consultation.
Speaker 15 (15:20):
Consultation about what justice Blackman.
Speaker 5 (15:22):
It's no secret that you're drafting the opinion on Roe v.
Speaker 10 (15:25):
Wade.
Speaker 4 (15:26):
If you come down against the abortion laws, you and
your family can expect to receive scores of death threats.
Our daughters too, Yes, missus Blackman, Nancy, Sally and Susan.
Speaker 6 (15:35):
Two now hold on a moment.
Speaker 5 (15:36):
Like I said, this is merely a security consultation, your honor.
Speaker 15 (15:39):
Harry, put down the spatulot, come inside. Let's all sit
down and discuss this.
Speaker 6 (15:43):
Dottie. They're trying to frighten us, your honor, Please don't.
Speaker 4 (15:48):
My wife and I are well aware of the controversy,
Agent Ambler.
Speaker 6 (15:52):
We live in the real world. We read the news,
watch TV same as you. We know what's coming, Harry.
Speaker 15 (15:58):
They're just trying to help.
Speaker 4 (15:59):
No, Dottie, they're trying to scare us, Agent Ambler. Tell
mister Nixon and his Attorney General that we will not
be intimidated by foot soldiers of the Justice Department into
thinking twice about striking down the law they support.
Speaker 5 (16:14):
I think you misunderstand our attention.
Speaker 6 (16:16):
Your honor.
Speaker 4 (16:16):
Yeah, maybe maybe not. My only question is how does
the president know where we stand? But I think I
can work that one out on my own. Dottie, please
show these agents to the door.
Speaker 15 (16:29):
I think they can find it themselves. Goodbye, gentlemen.
Speaker 10 (16:41):
Never going to happen, Sarah, I hear that a lot. Mike,
there's time. Take my word for it. You only just
won your election. You're a freshman legislator. You don't have
the juice to get this.
Speaker 12 (16:51):
Through, but you do, Mike. That's why I came to you.
You've been in the state House. What two hundred three
hundred years?
Speaker 10 (16:59):
You do really asking a favor of me? Right?
Speaker 14 (17:02):
The public is in favor of this bill. Every poll
shows people want to legalize abortion.
Speaker 12 (17:09):
We even compromised on we.
Speaker 10 (17:10):
Cannot legalize abortion this way. Your opponents may be in
the minority, but they scare people. No representative here will
take this up, but especially not while the Supreme Court
is still deciding the issue. Hell, it's your case they're deciding, Sarah.
Speaker 12 (17:24):
I'll go gray waiting for them to make up their minds. Mike,
Let's go around them. Let's push this bill through.
Speaker 10 (17:30):
Never going to happen. I know you're frustrated, Sarah. But
the court will announce their decision soon. We'll know if
you want a lost and we can go from there. Okay,
just try to relax.
Speaker 6 (17:58):
Thanks for meeting me.
Speaker 11 (18:00):
How do you even know about this place, Harry?
Speaker 6 (18:02):
The floors are.
Speaker 4 (18:03):
Sticky, Susan recommended it. Things have been tense in the courthouse.
I thought this might be a place we could speak freely.
Speaker 11 (18:12):
I see, so this conversation won't be tense.
Speaker 6 (18:15):
Then that's up to you, Warren. You've had quite a
few weeks. What's the count now?
Speaker 11 (18:20):
Six ' to two in your favor. If I didn't
know better, i'd say you were a natural politician.
Speaker 6 (18:25):
Harry. Come on now, no insults. You know I don't
mean it as one. Fine. I hope you know that.
Speaker 4 (18:31):
I don't think any less of you, Warren, simply because
you know how to get things done.
Speaker 6 (18:35):
Sure you do. But that's all right.
Speaker 11 (18:37):
You've always looked down on me, airy because I worked
as an insurance salesman while you were at Harvard.
Speaker 5 (18:42):
It's okay.
Speaker 11 (18:43):
I don't feel a bit ashamed. I ended up here
because I get things done. It's how you ended up
here too, If we're being honest.
Speaker 6 (18:51):
You mean you got me my seat.
Speaker 11 (18:53):
No, I mean I made you a damn judge in
the first place. Do you think you ever would have
considered the bench if I hadn't encouraged you. I shaped
every step of your career, Harry. I miss Minnesota more
and more. I used to live for our early morning hikes.
It was a reason to get out of bed. Remember
how much we used to worry about whether we'd ever
(19:15):
make our mark on the world. Harry. I believe our
fifteen year old selves would be awfully proud of our
sixty year old selves.
Speaker 4 (19:23):
I don't deny you've shaped my career, Warren. You don't
see it, but you help shape this decision too.
Speaker 6 (19:31):
What does that mean?
Speaker 4 (19:32):
Your mother raised you all by herself. She practically raised
us together. It's from her that I learned the burdens
face by a single mother.
Speaker 11 (19:40):
Wow, bringing my mother into it, that's pretty low.
Speaker 6 (19:44):
It's time to come on board, Warren. I need your vote.
Speaker 11 (19:48):
I read your latest draft, Harry. It's an improvement, but
it's still a mess. An implicit right to privacy. I
may not have gone to Harvard, but even I know
how weak that is.
Speaker 4 (19:59):
I would have They're based it on the guarantee of
equal protection, but I would have lost two votes plus yours.
Speaker 6 (20:05):
I haven't decided my vote yet. I'm aware of that, Warren.
Speaker 4 (20:09):
Everyone is aware of that, and we're not getting off
these stools until you do tell me.
Speaker 11 (20:17):
Is it just to distinguish yourself from me?
Speaker 6 (20:19):
What are you talking about?
Speaker 11 (20:20):
Pretty extreme, Harry, becoming the architect of the pro abortion movement,
just so people don't think you're in my pocket and
to make me look like.
Speaker 4 (20:29):
A fool, That's not the reason, Warrant. I'm sorry he
didn't end up choosing you for the vice.
Speaker 6 (20:38):
Presidency, Sure you were, Ry. Nixon is the reason you
haven't taken a position.
Speaker 4 (20:43):
Yet, isn't me. You're terrified of embarrassing the president. If
a court on which Nixon appointed half the members, including
the chief, comes down on the pro choice side, he'll
be humiliated. And you're about to swear him in for
his second term. You have to look Nixon in the
eye and account for what your court did.
Speaker 11 (21:02):
You're out of bounds, Harry. If any other justice spoke
to me like that.
Speaker 4 (21:06):
But I'm not any other justice, Warren, and you wouldn't
try to manipulate any other justice the way You've tried
to manipulate.
Speaker 6 (21:12):
Me, And what does that mean?
Speaker 4 (21:15):
You assign this decision to me when it wasn't even
yours to assign. If Douglas had written it as he
rightfully should have, it would have been handed down months ago.
You wanted it delayed, and you wanted to control it
so you could maintain power but not have the burden
of your name on the decision that tears this country apart.
(21:35):
I'm sorry it hasn't worked out that way.
Speaker 6 (21:37):
You don't know what you're talking about, Harry. Everything you
said is right, Warren.
Speaker 4 (21:42):
I did become a judge because I saw my lifelong
best friend do it. I did get my seat on
this court because you whispered my name in the right ear.
And if you think that puts me in your debt,
you're probably right about that also. But none of that
matters right now. I have a six vote coalition. It's
currently being held together by a rubber band and some
(22:02):
masking tape.
Speaker 6 (22:04):
You're the Chief Justice.
Speaker 4 (22:06):
You need to make a decision, and you need to
do it in the next twenty four hours.
Speaker 6 (22:11):
You'll get it when I'm ready. No, now, I'll get
it tomorrow. Warren.
Speaker 4 (22:16):
Make a choice or so help me, I will deliver
an eight man decision and the Chief Justice's name will
be left off. The most important Supreme Court decision of
the century. After that, you'll really wish you got the
nod for the vice presidency because your political weight will
rank somewhere between Bob Hope and the lady who does
(22:37):
a bounty paper towel commercials. Tomorrow, Warren, the decision isn't perfect,
and guess what.
Speaker 6 (22:48):
Neither are we.
Speaker 16 (23:02):
Protesters and supporters alike are lined up outside the United
States Supreme Court this afternoon as a decision in the
most hotly debated case in years is set to be delivered.
In an unusual move, Justice Harry Blackman, who wrote the
majority opinion, will read the decision from the bench alone.
The overflowing courtroom is filled with reporters ready to take
(23:24):
down his every word. Letters have been pouring into the courthouse,
mostly addressed to Justice black Men, at the rate of
three thousand a day. Court insiders say the tone of
the letters is extremely vitriolic. One such letter urged Justice
Blackman's immediate resignation from the court if he strikes down
the abortion laws. Justice Blackman is said to have sent
(23:46):
a reply to the letter. Dear sir, no, sincerely, Harry
a black man.
Speaker 15 (24:09):
Harry, sweetheart, you ready for this?
Speaker 6 (24:13):
Absolutely not.
Speaker 15 (24:15):
Do you want to hear some good news?
Speaker 6 (24:17):
Lyndon Johnson just died, Dottie. I disagreed with the man,
but I hardly wish to know.
Speaker 15 (24:22):
What I mean is maybe no one will even notice.
Rowade LBJ will take up all the ink tomorrow. You
don't look comforted, Harry.
Speaker 4 (24:31):
Tell me I'm making the right decision, Dottie.
Speaker 15 (24:35):
I can't do that, sweetheart, No one can.
Speaker 4 (24:37):
We're a Republican appointed court that's about to strike down
the abortion laws. That has to be a good thing, right.
It shows we're independent. We're not beholden to the political
party that appointed us. Because the moment that changes, it's over.
That'll be the end of the people's belief and our
ability to decide what's just based on the merits will
(24:59):
become just as politic is the other two branches of government.
Speaker 15 (25:02):
That's a worry for another day. Harry, Now go do this.
Speaker 4 (25:25):
Welcome, Let's get down to it, shall we, black men,
h delivering the opinion of the court, we forthwith acknowledge
our awareness of the sensitive and emotional nature of the
abortion controversy, and of the vigorous opposing views, and of
the deep and seemingly absolute convictions that the.
Speaker 3 (25:46):
Subject inspires the Texas statutes under attack here?
Speaker 14 (25:51):
All right, everyone, everybody approximately, Hey, yes.
Speaker 15 (25:57):
He's reading the decision.
Speaker 7 (25:59):
Sarah.
Speaker 14 (25:59):
You will write overtones and to complicate and not to
simplify the problem.
Speaker 3 (26:06):
One's philosophy, one's exposure to the raw edges of human experience,
one's religious training, one's attitudes towards life and family, and
the moral standards one establishes and seeks to observe are
all likely to influence one's thinking about abortion. Today, we
(26:28):
assert that the right of privacy is broad enough to
encompass a woman's decision whether or not to terminate her pregnancy. Fantastical?
Speaker 12 (26:41):
What do you just think? Did I hear that rush?
Speaker 9 (26:49):
It's more than we hoped for, Sarah.
Speaker 13 (26:54):
This we want, my God, we want.
Speaker 3 (26:58):
I choose to read opinion from the bench to provide
immediate information to those state legislators still in session who
might want to begin revising or appealing their laws.
Speaker 6 (27:11):
It is so ordered.
Speaker 16 (27:17):
It's an unmitigated victory for the freedom of choice and
the triumph of principle over partisan politics, Justices Marshall, Stuart Brennan,
Douglas Powell, and Chief Justice Warren Berger all joining with
Justice Harry Blackman in the majority. It appears that the
lead attorney, Sarah Weddington, who was already the youngest woman
(27:39):
ever to argue before the Supreme Court, has just become
the youngest person ever to win year. Given that it
was her very first case and she had apparently never
even been inside a courtroom before, It's an astonishing feat
and a record likely to stand for some time. With
partisan politics encroaching more and more into the nation's hallooed institutions,
(28:04):
perhaps Ms Weddington's record will persist even longer than today's
decision will stand.
Speaker 1 (28:23):
Supreme. The Battle Farrow from iHeart Podcasts, created and written
by Aaron Tracy, directed by Rachel Winter, starring Maya Hawk,
William h. Macy, and Abigail Breslin, also featuring Laura Bonanti
as b Andrea Savage as deb William Fickner as Warren
Felicity Huffman as Dottie, Garrett Hedlund as Ron, Sophia Macy
(28:48):
as Sally, Veronica Slowakowska as Susie Charlie B. Foster as Charlie,
Peter Oldring as j Floyd, Luke Kirby as Roy Lacrisia
Brown as Grace Kim Yancy Moore as Wanda, Megan Grant
as Polly Jin Colella as Annette Tearsa Mans as Doctor Kaplan,
Ashley as Q as Katie, Aaron Cavitt as Mikey, Joe
(29:10):
Costa as Justice Thurgood Marshall, Ryan Beale as Sam Josh
Hamilton as Reverend Wriggle, Aaron Tracy as Justice Brennan, Sam
Stump as Justice Powell, Richard Newman as Justice Stewart, Bill
Moundy as Justice White, Jacob Vonichael as George, James Naughton
as Representative Simmons, Chris Redman as FBI Agent Ambler, and
(29:36):
Katie Couric as the Reporter. Additional performances by Dante Bonner,
Mark Chavez, Andrew Barber, Samuel Farnsworth, s a Ottowell, Amy
Good Murphy, Kira Naughton, Paul Teduskiny, Karen Foreman, Sarah Ericksson,
Barbara Pollard, Mattie Kelly, Melanie Harrison, Suzanne pot Rock, David
(30:00):
carl Christine Borderlin, Angela Gallanapolis, Sabrina Brathwaite, Katie Jensen, Katie Lore,
Pat Kelly and Max Collins. Executive produced by Eva Longoria,
Ben Spector, Rachel Winter and Aaron Tracy, as well as
Katrina Norvell and Emma Stump from iHeart produced by Kelly
(30:22):
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 Audio Chris Kelly. Original score
by Hamilton Leitthhauser and Anna Stump. Sound designed by Paul
TEDUSKINI edited by Max Collins. Narration by Lucritia Brown. For
(30:47):
a full list of credits, please see show notes.
Speaker 8 (30:53):
This is a production of Unbelievable Entertainment in partnership with iHeartRadio.
From iHeart Podcasts. This is Supreme The Battle.
Speaker 2 (00:13):
For Rows eighteen Roll Against.
Speaker 1 (00:18):
Wade, starring Maya Hawk and William H. Macon.
Speaker 2 (00:24):
Whenever you are.
Speaker 3 (00:24):
Ready, mister Chief Justice, and may have placed the Court.
Speaker 1 (00:29):
Episode nine, The most controversial man in America.
Speaker 4 (00:37):
Closed the door. I made a decision. We're starting over.
We're striking down the Texas law.
Speaker 5 (00:44):
Really yes, really?
Speaker 6 (00:46):
Yes? Why is that so hard to believe?
Speaker 5 (00:48):
It's just you're sure this time because you have had
a few false starts.
Speaker 6 (00:53):
I am. Now, how do we get this done?
Speaker 5 (00:55):
Your honor?
Speaker 4 (00:56):
This will be my first major decision, I write, Charlie,
we need a home run.
Speaker 5 (01:00):
Okay, I say we go for it, sir. The more
lenient we are with restrictions, the more likely we are
to ensure Marshall and Brennan's sign on.
Speaker 4 (01:07):
No no, Marshall, Brennan and Douglas are in the bag.
We can't go too far and risk alienating Powell, Stewart
and Warren.
Speaker 5 (01:14):
I disagree, sir. We shouldn't take the liberal justices for granted.
But aren't we missing the bigger picture? We only need
one more vote for a five four majority.
Speaker 4 (01:23):
Absolutely not, sir, If we're evenly split one more vote
gets us over the top.
Speaker 6 (01:29):
Yes, Charlie, I'm aware how math works. Thank you.
Speaker 4 (01:32):
But open a newspaper, turn on the TV. Abortion clinics
are getting bombed, women and doctors are being harassed and dying.
This can't be a five to four decision. We can't
squeak by. I want a real majority, not a coin toss. Yes, sir,
Now let's go get the damn votes. You say I
have to play politics. That's what I'll do. I'll play
(01:53):
majong if you tell me that's the only way. Now,
where do we begin?
Speaker 5 (01:57):
How about Justice Powell?
Speaker 4 (01:58):
Ser Oh christ Hal wrote the blueprint for the rise
of the American Conservative movement. For the Lewis Powell, this
country would go back to before it even heard of FDR. Okay,
how about the Chief then, No, we need to work
our way toward Warren.
Speaker 6 (02:13):
How about Wizard Justice White.
Speaker 5 (02:16):
I'll due respect your honor. You're dreaming.
Speaker 6 (02:18):
Wizard was appointed by JFK. Charlie.
Speaker 4 (02:20):
There's a shot, and think how much it'll help dissuay
the others.
Speaker 6 (02:28):
Whizz there, nice moves out there.
Speaker 7 (02:31):
I led the NFL in rushing my rookie season, Harry,
I don't need the condescension.
Speaker 4 (02:36):
I didn't mean anything by it, Whizzer. It's about a
million times better than I could do. You have a
second to talk, Oh.
Speaker 7 (02:43):
Christ No, I haven't read your latest five hundred page
opis Harry, how about you give me the cliffs notes.
Speaker 6 (02:49):
Well, sure, here's the overview.
Speaker 4 (02:51):
I'm throwing it out and starting again with something that
actually has a shot at working.
Speaker 5 (02:56):
Well, look at you.
Speaker 7 (02:57):
You're voting to strike down the Texas law.
Speaker 6 (03:00):
Do you need to get on board, Wizard?
Speaker 4 (03:01):
Yeah, how about a lobotomy if that's where we're starting.
Speaker 7 (03:05):
Look, it's not up to us, Harry, the least democratic
branch of the government shouldn't be settling this.
Speaker 6 (03:10):
Leave it for Congress or the States.
Speaker 4 (03:12):
You wouldn't say that about civil rights. We wouldn't have
Brown v Board, Miranda, Gideon Erry.
Speaker 7 (03:19):
If nine old men unilaterally make this decision, you'll radicalize
this country.
Speaker 6 (03:23):
People will go crazy.
Speaker 7 (03:25):
Let the politicians decide they were elected at least.
Speaker 6 (03:28):
This is raw judicial power gone wrong. No, Wizard.
Speaker 4 (03:32):
When my granddaughters are in college, they won't believe there
was a time women didn't have the right to control
their own bodies anymore than we can believe they once
didn't have the right to vote. Come on board, help
me shape this thing.
Speaker 6 (03:46):
What do you say?
Speaker 7 (03:48):
Sorry, Harry, Now, if you'll excuse me, I got a
game to.
Speaker 8 (03:51):
Play, Lewis you got a second for you, Harry, take
a seat.
Speaker 6 (04:06):
You probably know why I am here.
Speaker 8 (04:08):
I want the husband to have us say take it
or leave it.
Speaker 4 (04:13):
You want to require a husband's approval for his wife's abortion.
Brendan and Douglas will never go for it.
Speaker 6 (04:19):
Persuade them, Harry, you're right and the decision. That's your job.
I can't risk alienating the votes we already have.
Speaker 8 (04:27):
The father has just as many rights to the child
as the mother, Harry. This shouldn't be controversial.
Speaker 4 (04:33):
Oh christ Powell, we can't even call it a child.
Speaker 6 (04:38):
What planet are you want? Will lose?
Speaker 4 (04:40):
Douglas and Marshall for sure, they're good.
Speaker 6 (04:48):
You got a second.
Speaker 5 (04:49):
Don't use privacy, Harry Good.
Speaker 6 (04:52):
The court is established the right to privacy over and over.
It's a natural fit for this case.
Speaker 9 (04:58):
Except for one thing. Show me where in the Constitution
it explicitly mentions the right to privacy?
Speaker 6 (05:04):
What are you an originalist?
Speaker 5 (05:06):
Now?
Speaker 4 (05:06):
Who cares if it's not in the text. We've recognized
zones of privacy before.
Speaker 9 (05:11):
This decision needs to be rock solid, Harry, rock solid.
Root it in a written provision, not something that nine
of us got together and made up like a zone
of privacy.
Speaker 6 (05:30):
Well, Potter, what's it gonna take?
Speaker 10 (05:34):
You know?
Speaker 2 (05:34):
I'm leaning toward you, Harry, I.
Speaker 6 (05:36):
Do what do you need to actually lay down with me?
Speaker 2 (05:39):
I don't want it on the government's dime. What I
can get to a place where the due process clause
guarantees a woman's right to choose. But I can't get
on board with forcing the state or FED to pay
for the procedure.
Speaker 4 (05:52):
And women who can't afford an abortion, Potter, what good
is giving them the right if they can't exercise.
Speaker 2 (05:58):
It, they'll find a way. If they really want it done,
they'll figure it out.
Speaker 6 (06:04):
Anything else.
Speaker 2 (06:05):
Yeah, I want to protect all existing state statutes.
Speaker 6 (06:09):
Oh holy well, well that was humiliating.
Speaker 4 (06:23):
Thank you, Charlie. Now we know why I became a
judge and not a politician.
Speaker 6 (06:28):
Where the hell are we.
Speaker 5 (06:29):
To a unanimous decision? Not going to happen, your honor,
But we can still get this done. How do you
feel about Justice Powell's demands?
Speaker 4 (06:36):
I feel sick about them. Thank you very much, as
do Douglas and Marshall.
Speaker 5 (06:40):
Sir, but I think maybe maybe we could compromise enough
to get Powell on board without completely losing the Liberals.
As for Justice, Wife and.
Speaker 4 (06:50):
Stewarts, Whizzer and Potter are lost causes if we don't
alienate their good Christ.
Speaker 6 (06:55):
What are these names?
Speaker 4 (06:56):
It sounds like the cast of a children's play. Anyway,
Wizards completely beyond redemption. I'm afraid I agree you Runner,
So that puts us at a very very shaky five
for sir.
Speaker 6 (07:09):
Not good enough. It may have to be, sir, Nope,
let's keep working. Knock Warren, mister Chief Justice. Hello, don't
get up. What can I do for you? Warren?
Speaker 11 (07:19):
Word around here, Harry, is that you've been doing some
horse trading.
Speaker 6 (07:24):
I learned from the best. I don't get it.
Speaker 11 (07:27):
Why are you trying so hard on this one?
Speaker 6 (07:30):
Don't think you've escaped. I'm coming for you next. What
on earth has gotten into you? I need your vote, Warren,
and I intend to get it.
Speaker 12 (07:56):
Oh Lord, I can see through the window. The rain
is coming. She's a talker.
Speaker 6 (08:00):
I'll be on the sidewalk. Keep it brief, Sarah. Remember
it's a numbers game.
Speaker 12 (08:06):
Hi, Lorraine, how you doing, Sarah Weddington?
Speaker 13 (08:10):
What are you doing on my porch? Come in, come in.
Speaker 14 (08:13):
I'd love to, but my campaign manager would have my head.
That's him on the sidewalk.
Speaker 12 (08:17):
There, Payson campaign manager. That's right. I'm running for the
state House and i'd love your vote. Lorraine.
Speaker 14 (08:24):
Here, take this literature. I'm dropping it off for everyone
in the district. How about you give it a read?
Speaker 13 (08:29):
Of course, give it here.
Speaker 12 (08:31):
Thanks Lorraine. I gotta go, but let's have dinner somenight. Okay.
Speaker 13 (08:35):
Oh, i'd love that. We haven't seen Ron in ages?
Speaker 12 (08:38):
Oh yet?
Speaker 13 (08:39):
What ever happened with that big case you went to
Washington for, Sarah?
Speaker 12 (08:43):
Good question. I guess they'll get around to making a
decision one of these days.
Speaker 2 (08:47):
Ah.
Speaker 13 (08:48):
Must be hard not knowing if you won or lost.
You probably put a lot of work into that.
Speaker 14 (08:53):
Huh just a bit anyway, Thanks for your support. I
got about a million more.
Speaker 13 (08:59):
Ho good luck, Honey, your honor.
Speaker 6 (09:15):
Do you have a second, Charlie, sit down? Look this over?
Will you tell me if the language is clear?
Speaker 5 (09:20):
Yes, sir, I actually have something that I think you
need to hear. Well, spit it out, you know how
We've been trying to sway Justice Stewart to our side
for weeks.
Speaker 4 (09:28):
Yes, Charlie, I'm aware Potter Stewart won't even read the
damn thing. I've done everything short of show up at
his house and read it to him as a bedtime story.
Speaker 5 (09:36):
I have reason to believe he may be swayable.
Speaker 4 (09:39):
Stuart m doubtful appointed by a Republican when against all
the equal protection cases. But your honor even more relevant
for us, he dissented in Griswold in the ground said
he didn't believe the right to privacy exists in the
fourteenth Amendment.
Speaker 5 (09:53):
I know all that, sir, but I've just found out
some interesting information, the kind that suggests the marble that
just a Stewart vote is etchedon.
Speaker 4 (10:01):
Might have a few cracks, the marble that when you're
on the Supreme Court someday, Charlie, which you no doubt
will be, you can savor it when you have pertinent information,
but while you're still a clerk out with it.
Speaker 5 (10:15):
Apologies, sir, my information isn't regarding Stewart exactly. It's his wife.
Speaker 6 (10:21):
No, No, absolutely not. Whatever it is. I'm not interested.
Speaker 4 (10:25):
Family crosses the line Charlie, I wouldn't want other justices
discussing Dottie.
Speaker 5 (10:30):
Missus Blackman doesn't volunteer for Planned parenthood, Your honor.
Speaker 6 (10:33):
What did you just say?
Speaker 5 (10:34):
Justice Stewart's wife has been volunteering out of Virginia branch
of Planned Paranhaud for years.
Speaker 6 (10:39):
Well, that's very interesting.
Speaker 5 (10:43):
I gotta think Stuart's vote is up for grabs, Your honor.
Perhaps a deal can be made, and if it can,
then it would be six votes solid majority, sir, and
could maybe sway the chief too. We'd have to play
it just right, Yes, your Honor, I agree.
Speaker 4 (10:57):
I can't go directly to Steward because it'll get right
back to Warren, and Warren will immediately bring Stuart into line.
Speaker 5 (11:03):
I can backchannel with one of Stuart's clerks, Sir.
Speaker 4 (11:06):
No, all four of his clerks are suck ups to Warren.
They'd love nothing more than to go running to him.
I may have another idea.
Speaker 6 (11:16):
How's your backstroke, Charlie, Justice Stewart, Can I help you?
Speaker 5 (11:34):
It's Charlie, Sir, Justice Blackman's clerk.
Speaker 2 (11:37):
What are you doing here?
Speaker 7 (11:39):
You work out of this gym?
Speaker 5 (11:40):
I got a day pass, your Honor. I was hoping
we could speak.
Speaker 2 (11:47):
What's this all about, Charlie. This is a little too
cloak and dagger for my liking.
Speaker 5 (11:52):
I'm very sorry, your honor. As you know, Justice Blackman
is attempting to assemble a majority on Row.
Speaker 2 (11:58):
What exactly do you have to say to me that
can't be said in my chambers in an hour, Sir.
Speaker 5 (12:02):
Justice Blackman is willing to compromise if he comes to
your chambers. He knows that whatever he says will go
right back to the Chief. Your clerks are close with
Justice Berger, Sir.
Speaker 2 (12:12):
I see what sort of compromise is your boss thinking.
Speaker 5 (12:16):
Timing, Your honor, excuse me. We know your feelings on
the Fourteenth Amendments limitations, but we're hoping you feel some
flexibility on how far those limits extend. For instance, what
if abortion were legal in the first trimester of a
pregnancy across the nation?
Speaker 2 (12:34):
What the hell is a trimester?
Speaker 5 (12:36):
We know that it's never been used in this context before, sir,
but from Justice Blackman's research at Mayo, it seems to
him a fertile place for compromise. Doctors already break pregnancies
into three periods during the first trimester, when the procedure
is much safer than actually giving birth. We wouldn't allow
state governments to restrict abortions in the second trimester there
(12:58):
are slightly more risks. Will let states protect the other
by enacting regulations as long as they're reasonable.
Speaker 2 (13:04):
And the third trimester? What does your boss say about that?
Speaker 5 (13:08):
His research indicates that by the final third of the
pregnancy the fetus is viable. Therefore will allow the state
to protect the prenatal life if it wishes. Interesting justice,
Blackman thought that might be a compromise. You could get
on board with your honor? Was he right?
Speaker 2 (13:24):
How soon can Harry turn around a new draft, one
that reflects this trimester idea?
Speaker 5 (13:30):
Is that a yes, your honor, it's.
Speaker 2 (13:32):
A maybe, son, But more than anything, this needs to
get done fast. You have no idea How much I
hear about this at home every night?
Speaker 5 (13:40):
Yes, sir, but there's a bit of a hold up
with the revision, sir. What hold up the chief, sir?
He's still refusing to come down on either side. It
appears that he's stalling.
Speaker 2 (13:51):
Why on earth would Warren be stalling?
Speaker 4 (14:06):
We got steaks here, get your steaks medium, rare, nice
and hot.
Speaker 6 (14:09):
We got burgers.
Speaker 5 (14:11):
We got cheeseburgers.
Speaker 6 (14:12):
Take your picks.
Speaker 15 (14:13):
Someone's in a good mood, Dottie.
Speaker 4 (14:15):
It turns out the way of the world was a
lot to carry around cheeseburger from my love.
Speaker 15 (14:21):
Oh, I could get used to this.
Speaker 6 (14:22):
The end is nigh, Dottie. I can almost taste it.
Speaker 15 (14:25):
Oh, that's wonderful, sweetheart. And how did you do it?
How did you convince the others to come on board?
Speaker 6 (14:30):
Compromise resolved? My natural charm? I got it all, baby,
We had the majority locked up. I just need a
straggler to come on board. Let me guess who you
know exactly who the question is? Why I haven't figured
that one out yet.
Speaker 15 (14:45):
Oh, I'll get it. It's probably Ron and Belle. I'm
across the street, Harry. We've got visitors.
Speaker 6 (14:58):
Justice Blackman, Hello, who are you?
Speaker 5 (15:00):
Special Agent Ambler?
Speaker 6 (15:02):
FBI?
Speaker 5 (15:02):
This is special Agent Cutters.
Speaker 15 (15:04):
Has something happened?
Speaker 6 (15:05):
Not at all, Man.
Speaker 5 (15:06):
We didn't mean to frighten you.
Speaker 6 (15:07):
Believe me, she's not frightened. Why have you gentlemen come
to my home stake?
Speaker 5 (15:11):
Smell delicious, Justice Blackman, you must speak quite a chef.
Speaker 6 (15:14):
What exactly can't wait until I'm at the courthouse.
Speaker 5 (15:17):
This is a courtesy call, your honor. Think of it
as a consultation.
Speaker 15 (15:20):
Consultation about what justice Blackman.
Speaker 5 (15:22):
It's no secret that you're drafting the opinion on Roe v.
Speaker 10 (15:25):
Wade.
Speaker 4 (15:26):
If you come down against the abortion laws, you and
your family can expect to receive scores of death threats.
Our daughters too, Yes, missus Blackman, Nancy, Sally and Susan.
Speaker 6 (15:35):
Two now hold on a moment.
Speaker 5 (15:36):
Like I said, this is merely a security consultation, your honor.
Speaker 15 (15:39):
Harry, put down the spatulot, come inside. Let's all sit
down and discuss this.
Speaker 6 (15:43):
Dottie. They're trying to frighten us, your honor, Please don't.
Speaker 4 (15:48):
My wife and I are well aware of the controversy,
Agent Ambler.
Speaker 6 (15:52):
We live in the real world. We read the news,
watch TV same as you. We know what's coming, Harry.
Speaker 15 (15:58):
They're just trying to help.
Speaker 4 (15:59):
No, Dottie, they're trying to scare us, Agent Ambler. Tell
mister Nixon and his Attorney General that we will not
be intimidated by foot soldiers of the Justice Department into
thinking twice about striking down the law they support.
Speaker 5 (16:14):
I think you misunderstand our attention.
Speaker 6 (16:16):
Your honor.
Speaker 4 (16:16):
Yeah, maybe maybe not. My only question is how does
the president know where we stand? But I think I
can work that one out on my own. Dottie, please
show these agents to the door.
Speaker 15 (16:29):
I think they can find it themselves. Goodbye, gentlemen.
Speaker 10 (16:41):
Never going to happen, Sarah, I hear that a lot. Mike,
there's time. Take my word for it. You only just
won your election. You're a freshman legislator. You don't have
the juice to get this.
Speaker 12 (16:51):
Through, but you do, Mike. That's why I came to you.
You've been in the state House. What two hundred three
hundred years?
Speaker 10 (16:59):
You do really asking a favor of me? Right?
Speaker 14 (17:02):
The public is in favor of this bill. Every poll
shows people want to legalize abortion.
Speaker 12 (17:09):
We even compromised on we.
Speaker 10 (17:10):
Cannot legalize abortion this way. Your opponents may be in
the minority, but they scare people. No representative here will
take this up, but especially not while the Supreme Court
is still deciding the issue. Hell, it's your case they're deciding, Sarah.
Speaker 12 (17:24):
I'll go gray waiting for them to make up their minds. Mike,
Let's go around them. Let's push this bill through.
Speaker 10 (17:30):
Never going to happen. I know you're frustrated, Sarah. But
the court will announce their decision soon. We'll know if
you want a lost and we can go from there. Okay,
just try to relax.
Speaker 6 (17:58):
Thanks for meeting me.
Speaker 11 (18:00):
How do you even know about this place, Harry?
Speaker 6 (18:02):
The floors are.
Speaker 4 (18:03):
Sticky, Susan recommended it. Things have been tense in the courthouse.
I thought this might be a place we could speak freely.
Speaker 11 (18:12):
I see, so this conversation won't be tense.
Speaker 6 (18:15):
Then that's up to you, Warren. You've had quite a
few weeks. What's the count now?
Speaker 11 (18:20):
Six ' to two in your favor. If I didn't
know better, i'd say you were a natural politician.
Speaker 6 (18:25):
Harry. Come on now, no insults. You know I don't
mean it as one. Fine. I hope you know that.
Speaker 4 (18:31):
I don't think any less of you, Warren, simply because
you know how to get things done.
Speaker 6 (18:35):
Sure you do. But that's all right.
Speaker 11 (18:37):
You've always looked down on me, airy because I worked
as an insurance salesman while you were at Harvard.
Speaker 5 (18:42):
It's okay.
Speaker 11 (18:43):
I don't feel a bit ashamed. I ended up here
because I get things done. It's how you ended up
here too, If we're being honest.
Speaker 6 (18:51):
You mean you got me my seat.
Speaker 11 (18:53):
No, I mean I made you a damn judge in
the first place. Do you think you ever would have
considered the bench if I hadn't encouraged you. I shaped
every step of your career, Harry. I miss Minnesota more
and more. I used to live for our early morning hikes.
It was a reason to get out of bed. Remember
how much we used to worry about whether we'd ever
(19:15):
make our mark on the world. Harry. I believe our
fifteen year old selves would be awfully proud of our
sixty year old selves.
Speaker 4 (19:23):
I don't deny you've shaped my career, Warren. You don't
see it, but you help shape this decision too.
Speaker 6 (19:31):
What does that mean?
Speaker 4 (19:32):
Your mother raised you all by herself. She practically raised
us together. It's from her that I learned the burdens
face by a single mother.
Speaker 11 (19:40):
Wow, bringing my mother into it, that's pretty low.
Speaker 6 (19:44):
It's time to come on board, Warren. I need your vote.
Speaker 11 (19:48):
I read your latest draft, Harry. It's an improvement, but
it's still a mess. An implicit right to privacy. I
may not have gone to Harvard, but even I know
how weak that is.
Speaker 4 (19:59):
I would have They're based it on the guarantee of
equal protection, but I would have lost two votes plus yours.
Speaker 6 (20:05):
I haven't decided my vote yet. I'm aware of that, Warren.
Speaker 4 (20:09):
Everyone is aware of that, and we're not getting off
these stools until you do tell me.
Speaker 11 (20:17):
Is it just to distinguish yourself from me?
Speaker 6 (20:19):
What are you talking about?
Speaker 11 (20:20):
Pretty extreme, Harry, becoming the architect of the pro abortion movement,
just so people don't think you're in my pocket and
to make me look like.
Speaker 4 (20:29):
A fool, That's not the reason, Warrant. I'm sorry he
didn't end up choosing you for the vice.
Speaker 6 (20:38):
Presidency, Sure you were, Ry. Nixon is the reason you
haven't taken a position.
Speaker 4 (20:43):
Yet, isn't me. You're terrified of embarrassing the president. If
a court on which Nixon appointed half the members, including
the chief, comes down on the pro choice side, he'll
be humiliated. And you're about to swear him in for
his second term. You have to look Nixon in the
eye and account for what your court did.
Speaker 11 (21:02):
You're out of bounds, Harry. If any other justice spoke
to me like that.
Speaker 4 (21:06):
But I'm not any other justice, Warren, and you wouldn't
try to manipulate any other justice the way You've tried
to manipulate.
Speaker 6 (21:12):
Me, And what does that mean?
Speaker 4 (21:15):
You assign this decision to me when it wasn't even
yours to assign. If Douglas had written it as he
rightfully should have, it would have been handed down months ago.
You wanted it delayed, and you wanted to control it
so you could maintain power but not have the burden
of your name on the decision that tears this country apart.
(21:35):
I'm sorry it hasn't worked out that way.
Speaker 6 (21:37):
You don't know what you're talking about, Harry. Everything you
said is right, Warren.
Speaker 4 (21:42):
I did become a judge because I saw my lifelong
best friend do it. I did get my seat on
this court because you whispered my name in the right ear.
And if you think that puts me in your debt,
you're probably right about that also. But none of that
matters right now. I have a six vote coalition. It's
currently being held together by a rubber band and some
(22:02):
masking tape.
Speaker 6 (22:04):
You're the Chief Justice.
Speaker 4 (22:06):
You need to make a decision, and you need to
do it in the next twenty four hours.
Speaker 6 (22:11):
You'll get it when I'm ready. No, now, I'll get
it tomorrow. Warren.
Speaker 4 (22:16):
Make a choice or so help me, I will deliver
an eight man decision and the Chief Justice's name will
be left off. The most important Supreme Court decision of
the century. After that, you'll really wish you got the
nod for the vice presidency because your political weight will
rank somewhere between Bob Hope and the lady who does
(22:37):
a bounty paper towel commercials. Tomorrow, Warren, the decision isn't perfect,
and guess what.
Speaker 6 (22:48):
Neither are we.
Speaker 16 (23:02):
Protesters and supporters alike are lined up outside the United
States Supreme Court this afternoon as a decision in the
most hotly debated case in years is set to be delivered.
In an unusual move, Justice Harry Blackman, who wrote the
majority opinion, will read the decision from the bench alone.
The overflowing courtroom is filled with reporters ready to take
(23:24):
down his every word. Letters have been pouring into the courthouse,
mostly addressed to Justice black Men, at the rate of
three thousand a day. Court insiders say the tone of
the letters is extremely vitriolic. One such letter urged Justice
Blackman's immediate resignation from the court if he strikes down
the abortion laws. Justice Blackman is said to have sent
(23:46):
a reply to the letter. Dear sir, no, sincerely, Harry
a black man.
Speaker 15 (24:09):
Harry, sweetheart, you ready for this?
Speaker 6 (24:13):
Absolutely not.
Speaker 15 (24:15):
Do you want to hear some good news?
Speaker 6 (24:17):
Lyndon Johnson just died, Dottie. I disagreed with the man,
but I hardly wish to know.
Speaker 15 (24:22):
What I mean is maybe no one will even notice.
Rowade LBJ will take up all the ink tomorrow. You
don't look comforted, Harry.
Speaker 4 (24:31):
Tell me I'm making the right decision, Dottie.
Speaker 15 (24:35):
I can't do that, sweetheart, No one can.
Speaker 4 (24:37):
We're a Republican appointed court that's about to strike down
the abortion laws. That has to be a good thing, right.
It shows we're independent. We're not beholden to the political
party that appointed us. Because the moment that changes, it's over.
That'll be the end of the people's belief and our
ability to decide what's just based on the merits will
(24:59):
become just as politic is the other two branches of government.
Speaker 15 (25:02):
That's a worry for another day. Harry, Now go do this.
Speaker 4 (25:25):
Welcome, Let's get down to it, shall we, black men,
h delivering the opinion of the court, we forthwith acknowledge
our awareness of the sensitive and emotional nature of the
abortion controversy, and of the vigorous opposing views, and of
the deep and seemingly absolute convictions that the.
Speaker 3 (25:46):
Subject inspires the Texas statutes under attack here?
Speaker 14 (25:51):
All right, everyone, everybody approximately, Hey, yes.
Speaker 15 (25:57):
He's reading the decision.
Speaker 7 (25:59):
Sarah.
Speaker 14 (25:59):
You will write overtones and to complicate and not to
simplify the problem.
Speaker 3 (26:06):
One's philosophy, one's exposure to the raw edges of human experience,
one's religious training, one's attitudes towards life and family, and
the moral standards one establishes and seeks to observe are
all likely to influence one's thinking about abortion. Today, we
(26:28):
assert that the right of privacy is broad enough to
encompass a woman's decision whether or not to terminate her pregnancy. Fantastical?
Speaker 12 (26:41):
What do you just think? Did I hear that rush?
Speaker 9 (26:49):
It's more than we hoped for, Sarah.
Speaker 13 (26:54):
This we want, my God, we want.
Speaker 3 (26:58):
I choose to read opinion from the bench to provide
immediate information to those state legislators still in session who
might want to begin revising or appealing their laws.
Speaker 6 (27:11):
It is so ordered.
Speaker 16 (27:17):
It's an unmitigated victory for the freedom of choice and
the triumph of principle over partisan politics, Justices Marshall, Stuart Brennan,
Douglas Powell, and Chief Justice Warren Berger all joining with
Justice Harry Blackman in the majority. It appears that the
lead attorney, Sarah Weddington, who was already the youngest woman
(27:39):
ever to argue before the Supreme Court, has just become
the youngest person ever to win year. Given that it
was her very first case and she had apparently never
even been inside a courtroom before, It's an astonishing feat
and a record likely to stand for some time. With
partisan politics encroaching more and more into the nation's hallooed institutions,
(28:04):
perhaps Ms Weddington's record will persist even longer than today's
decision will stand.
Speaker 1 (28:23):
Supreme. The Battle Farrow from iHeart Podcasts, created and written
by Aaron Tracy, directed by Rachel Winter, starring Maya Hawk,
William h. Macy, and Abigail Breslin, also featuring Laura Bonanti
as b Andrea Savage as deb William Fickner as Warren
Felicity Huffman as Dottie, Garrett Hedlund as Ron, Sophia Macy
(28:48):
as Sally, Veronica Slowakowska as Susie Charlie B. Foster as Charlie,
Peter Oldring as j Floyd, Luke Kirby as Roy Lacrisia
Brown as Grace Kim Yancy Moore as Wanda, Megan Grant
as Polly Jin Colella as Annette Tearsa Mans as Doctor Kaplan,
Ashley as Q as Katie, Aaron Cavitt as Mikey, Joe
(29:10):
Costa as Justice Thurgood Marshall, Ryan Beale as Sam Josh
Hamilton as Reverend Wriggle, Aaron Tracy as Justice Brennan, Sam
Stump as Justice Powell, Richard Newman as Justice Stewart, Bill
Moundy as Justice White, Jacob Vonichael as George, James Naughton
as Representative Simmons, Chris Redman as FBI Agent Ambler, and
(29:36):
Katie Couric as the Reporter. Additional performances by Dante Bonner,
Mark Chavez, Andrew Barber, Samuel Farnsworth, s a Ottowell, Amy
Good Murphy, Kira Naughton, Paul Teduskiny, Karen Foreman, Sarah Ericksson,
Barbara Pollard, Mattie Kelly, Melanie Harrison, Suzanne pot Rock, David
(30:00):
carl Christine Borderlin, Angela Gallanapolis, Sabrina Brathwaite, Katie Jensen, Katie Lore,
Pat Kelly and Max Collins. Executive produced by Eva Longoria,
Ben Spector, Rachel Winter and Aaron Tracy, as well as
Katrina Norvell and Emma Stump from iHeart produced by Kelly
(30:22):
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 Audio Chris Kelly. Original score
by Hamilton Leitthhauser and Anna Stump. Sound designed by Paul
TEDUSKINI edited by Max Collins. Narration by Lucritia Brown. For
(30:47):
a full list of credits, please see show notes.
Speaker 8 (30:53):
This is a production of Unbelievable Entertainment in partnership with iHeartRadio.
Popular Podcasts
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
Therapy Gecko
An unlicensed lizard psychologist travels the universe talking to strangers about absolutely nothing. TO CALL THE GECKO: follow me on https://www.twitch.tv/lyleforever to get a notification for when I am taking calls. I am usually live Mondays, Wednesdays, and Fridays but lately a lot of other times too. I am a gecko.
The Joe Rogan Experience
The official podcast of comedian Joe Rogan.