Picket Fences (1992–1996): Season 3, Episode 8 - May It Please the Court - full transcript

[Jill] Previously on
Picket Fences...

The man may have killed
a 16‐year‐old girl.

No polygraph!

And I don't want you even
talking to him!

We've been looking
everywhere for this girl.

I didn't do anything.

In the name of God.

She deserves
a Catholic funeral.

Tell me someplace to go.

‐[man] Lend me a hand.
‐[grunting]

[indistinct police chatter]



That statement was coerced,
without counsel.

That statement
was voluntary.

Deputy Lacos prevailed
on my client's
Christian sympathies.

Mr. Latham,
you are going to trial.

If the Supreme Court
has a problem with that,

they can come and get me.

We find the defendant...

[inhales] guilty as charged.

‐[people chattering]
‐[man] God, I knew it!

This case is going
to the Supreme Court!

You and I are going to argue
before the Supreme Court!

[door opens]

Carter... [sighs]
Come on in.

Okay, very funny.



Whose blood sample was this?

‐Just give me the results.
‐Carter...

I don't have to tell you
whose blood it was.

I just asked you to do
a simple test.

So please,
give me the results.

You lead me to believe
this was your blood.

Let's just assume
that it is, Jill!

Give me the results!

‐Please!
‐Okay.

Congratulations,
you're pregnant.

[gasps] Yes!

Oh...

Yes!

[door opens]

[theme song playing]

[theme song ends]

I know you're good,
Mr. Wambaugh,
it isn't that.

Brian, there is no way,
no lawyer,

F. Lee Bailey,
anybody,

there's no way that
anybody can be
more prepared than me.

But you don't believe
I'm innocent.

‐It really doesn't matter.
‐It does to me!

You see, Mr. Wambaugh,
you've got it wrong.

I don't want... I don't want
my lawyer to act like
his life depends on it.

I want the guy to act like
my life depends on it...

because it does.

I want a lawyer...
who knows that I didn't do it!

When those judges look
at my lawyer, I want them
to see it in his eyes.

That I didn't do it!

Are you that lawyer,
Mr. Wambaugh?

I haven't been...
but I will be.

[sighs] All right.

Go to Washington.

But don't you dare
go for you.

Go for me.

Positive! [sighs]

That means
we're about seven weeks.

[sighs]
I still can't believe it.

I mean, I guess I just...
can't believe it.

Okay, now, Stacy,
your privacy concerns aside,

you have to start making
regular doctor appointments.

And it's not too soon
for an ultrasound.

And I'm going to
be wanting to do
an amnio

when the time comes
too, so...

Let's not get
ahead of ourselves, Carter.

I like to be thorough.

[sighs] God!

[sighs]
I'm going to be a father.

Yeah. [chuckles] Wow.

[gasps] I want to schedule
an immediate checkup...

‐[door opens]
‐Oh!

I didn't mean to intrude,
I... I just came
to see you, Carter.

You remember Stacey Halford.
Stacey, this is Jill Brock.

‐Hi. Well, um...
‐[chuckles]

Congratulations, I guess.

Thank you.

Are... are you two together?

Uh... no, we're not.

But... but you plan to be
parents together?

I plan to be the parent.
Stacey has agreed
to be my surrogate.

What?

We did it in vitro.

It was all scientific,
lot's of people do it today.

Oh, I... I know that.
Yes, I...

I guess I'm just surprised.

There are worst ways
I can spend my time,

I guess than...
giving somebody a child.

[Stacey chuckles nervously]

What's wrong with that?

Nothing. Nothing.
And it's certainly
none of my business.

Why don't we leave it
at that then?

‐Okay.
‐Okay!

Me? I get to go?

Of course,
you're my assistant.

I'm going
to the Supreme Court?

All those cases we copied,
I want them alphabetized.

I need to
refer to them quickly.

Brian Latham's life
is in our hands.

And don't forget...
to pack my oxygen tank.

And if you see me
start to wheeze,

just whip it out.

I, uh... I've never been
so nervous before.

You're gonna be great.

I, uh... I've never been
so nervous before.

Did I say this?

I repeat myself
when I get nervous.

Did I say this?

[Max]
It's just another case.

No, it's not just
another case.

Why would the Supreme Court
agree to hear this so quickly?

‐Something is up.
‐What do you mean?

[sighs] There are two things
on the rise in this country,

crime and police misconduct.

Now the Court may have
chosen this case

as a test to squash
one or the other.

I just wish I knew which.

‐[door opens]
‐[knocking at door]

When do you leave?

Tomorrow morning.
We argue Thursday.

Shouldn't I go with you?
It might help if the father
of the victim was in the room.

No. No, they would view that
as manipulation.

It's not wise to stunt
with the Supreme Court.

The highest court
in the land...

they may free the man
who murdered my daughter

because they don't like
the way you caught him.

Yes, sir.

No offense, Mr. Littleton,
I know you have talent but...

shouldn't the Attorney General
be handling it at this level?

[clicks tongue]
Well, he's sending me.

Please don't lose.

‐[woman speaks indistinctly]
‐[door closes]

[chuckles]

‐[door opens]
‐[Stacey] Carter?

Stacey, hi, come on in.
Sit, sit.

I can't.

You can't sit?

I can't.

[sighs]

It... it all seemed
to make sense,
until actually...

Um... Oh, Carter,
we've become such
good friends now.

When you came to me
and asked me...

I don't think I've ever
been more flattered.

And... and to give life...

What would be so wrong?

[stutters]
What are you saying?

It feels wrong.

I'm not comfortable
being a surrogate.

Uh, here's the check.
I'm returning the money.

Stacey... Stacey,
what are you doing?

[sighs] I'm not going to
have the baby, Carter.

[sighs] I know
you're disappointed,

but I just can't
go through with it.

‐[sighs] We had an agreement.
‐I know.

I'm sorry.

Uh, please accept
my deepest apologies.

[indistinct chatter]

[Douglas] My brother‐in law's
a travel agent,

he always bumps me up.

Hmm. You'll have to
thank him for me.

Why shouldn't we be up here?
Hey, miss.

We're off
to the Supreme Court.

‐I see.
‐[chuckles]

Excuse me. Could you speak
just a little softer?

I'd like to sleep.

Of course. Miss...

‐[man grunts]
‐I'll have his French toast.

You got profiles
on the Supreme Court Justices?

You got...
you got profiles?

It's these little things
that make the difference.

The extra effort.

‐Oh, let me look at them.
‐[grunts] They're mine!

‐You scared, John?
‐[scoffs] Please.

‐Yeah.
‐Mmm.

Completely.

Rehnquist, Scalia,
Stevens‐‐

We're going to be standing
up there in front of them.

I shouldn't tell you this,
but Rehnquist...

Uh, you have to call him
Mr. Chief Justice, I know.

When Nixon swore him in,
he called him Renchberg.

‐[both laugh]
‐Can you imagine?

The man makes it all the way
to the Supreme Court...

and on his big day,
Nixon calls him Renchberg!

[both laughing loudly]

‐Terrible with names, Nixon.
‐Yeah.

‐[man clears throat]
‐Try to sleep.

[man grumbles]

I have an appointment
with Dershowitz
at three o'clock.

‐Alan Dershowitz?
‐He's in Washington

He agreed to tutor me
on what to expect.

I'm leaving nothing
to chance, John.

I'm going to win this case.

[scoffs] No you're not.

Oh, yes, I am. I must.

Doug, as prepared
as you think you are,
you're not.

I plan to bury you.

‐We'll see.
‐Yes, we will.

[both men laughing]

I don't perform abortions.

I know. I was hoping
you could recommend
a doctor who does.

A good one. So...

Well, wouldn't your OB/GYN
be able to make
that recommendation?

The truth is, I haven't
told her I'm pregnant.

I'd sort of prefer not to.
I'm a little... humiliated.

All right.

[sighs]

I saw your car
parked out front.

Stacey, I'm begging you‐‐

Um, Carter, please.
Why don't you two
go in here?

You can't...
abort this child.

I can't go through
with it, Carter.

I'm sorry
for doing this to you.

‐I should've known before‐‐
‐No, you can't!

I know surrogacy is right
for a lot of people,

it's just wrong for me.

‐I have to do this.
‐I'll stop you.

You can't stop me.

Well, here we are,
Wambaugh and Dershowitz,

talking law,
discussing strategies,

constitutional scholars
waxing.

Mr. Wambaugh, please,
my time really is limited.

I do have
a couple of other cases.

So if we can
get right to the point.

Well, I'm ready
on the law...

but I need to know from
somebody who's been there.

Somebody who's been
in that room.

I know, it's just
another courtroom‐‐

Except with
more judges, right?

‐Uh, nothing to be‐‐
‐Mr. Wambaugh...

this courtroom
is unlike anything

you have ever seen
in your life.

For starters,
you'll be staring down nine
Supreme Court Justices,

spanning the entire width
of the room.

That can be a very
daunting experience.

One Justice will ask you
a question from here,

then you'll be attacked
from there‐‐

And it will be an attack.

This is an aggressive court.

This is a confrontational court.
This is an argumentative court.

This is not gonna be
a friendly experience.

Franklin Dell appearing
for Carter Pike, Your Honor.

‐Where's Wambaugh?
‐He's off to Washington.

Your Honor... [sighs]
this is an ex parte motion

seeking a restraining order
to enjoin Stacey Halford

from terminating
her pregnancy.

What did you just say?

My client entered into
a surrogacy contract
with this woman.

She became
impregnated through
in vitro fertilization‐‐

And now,
she's endeavoring to terminate
the seven‐week pregnancy

and we're asking
the court to intervene.

Mmm‐hmm. Well,
there's an obscure case

called Roe v. Wade.

That has nothing
to do with it, Your Honor.

She may have a right
to an abortion,

but she waived it
when she entered into
the surrogacy contract.

Now there's
no health risk here.

Uh, we're entitled
to an enforcement
of the contract.

Well, if a woman wants
to have an abortion‐‐

"Her body, her right."

Yes, we all know the slogan.

But, this woman leased out
her body for $12,000.

She no longer
has that privilege.

And I would submit‐‐
What about his rights?

He went through in vitro.

He took drugs to boost
his sperm count.

His child is in that womb.

What about his rights?

I can't force a woman
to carry a baby to term.

Of course you can,
Your Honor.

The law already does that.

A woman in third trimester,

she seeks an abortion,
the court says no...

The law mandates
that she carry
the baby to term.

That's a third trimester fetus,
which is viable.

This pregnancy's
only seven weeks.

Yes, Your Honor,
but the point is that
the courts can and do

force women to bear children
in some circumstances.

It's done.

Well, this is
another circumstance

where they and you
could do it.

We're not asking you
to take away
her Roe v. Wade rights.

We maintain,
she already gave it away.

We're simply asking you
to enforce a contract.

I want to hear from the woman
and her attorney
before I do anything.

But what if she
decides to‐‐

I'll give you a one‐day
temporary restraining order.

We'll have
a full hearing tomorrow.

‐[bangs gavel]
‐Adjourned.

What the hell could be next?

Will I get slaughtered?

The law's on your side,
at least for now.

But Scalia, Rehnquist, Thomas,
probably even O'Connor...

are looking for any excuse
to get rid of Miranda.

This is a perfect case
for that.

A drifter kills
an innocent teenager.

It would be
a very popular decision.

Scalia, you have to be
really careful.

He is brilliant.
But he can get very testy.

He's gifted
at trapping lawyers

and he loves to watch a lawyer
squirm a little bit.

But what about
those on my side?

Won't they come
to my defense?

Ginsberg, Stevens are probably
going to be your best allies.

But, tomorrow,
they're not gonna
help you one bit.

You're all alone.

There's only one person
who can fight off Scalia
and that's you.

‐[Douglas inhales oxygen]
‐Are you okay?

[Douglas exhales]

When I'm nervous,
I get winded.

Recently, I was diagnosed
with multiple sclerosis.

Maybe I can play it
for sympathy.

That would not be
a good idea.

Just a thought.

Rehnquist has a bad back.

Sometimes, he just gets up
in the middle of argument

and walks behind the curtain
just to distract you.

Don't let that throw you off.

Remember, you must
always call him
"Mr. Chief Justice."

Not "Judge,"
not "Your Honor,"
not "Justice."

You must call him
"Mr. Chief Justice."

Nixon called him Renchberg.

Nixon made mistakes.

Now, Thomas...

Thomas, you don't have to
worry about tomorrow.

He never asks
a single question.

If you want to
win over Thomas,

just win over Scalia.

Thomas always follows Scalia.

Ginsberg, she asks sculpted,
word perfect questions.

But listen carefully.
She's a nitpicker.

One more thing.

Don't lecture them on law.

After all,
they wrote the law.

Where your advantage lies,
is in the facts.

You were at the trial,
they weren't at the trial.

Play up the facts.

If you can persuade
the Justices

that you know more about
the facts than they do...

it's gonna help you
on your credibility
regarding the law.

Uh, let me see
if I got it right.

Let's see
if I got it right.

Watch out for Scalia
and Rehnquist.

Play up the facts.

Pay no attention to that man
behind the curtain.

Uh... Oh, don't bother
with Thomas.

And leave out
multiple sclerosis.

Is, uh...
Is there anything else?

Yes, Mr. Wambaugh,
one more thing.

I don't want to
make you nervous,

but this is
a really important case.

Not only for your client,
but for the civil liberties
of all Americans.

So the stakes are high.

Constitutional protections,
police procedures...

And accordingly, the pressure
on you is very great.

But you're up for it.

One thing, tomorrow,

Douglas...

be yourself.

Don't try to be
something you're not.

You're gonna do
just great.

Zei gezunt!

[chuckling]

We're locking up
in 20 minutes.

I won't be here that long.

Give me a second,
Kimberly.

John.

[exhales] Yeah.

Kind of want to
get the feel of the place.

Tomorrow, it all happens.

I hope
I don't embarrass myself.

Doug, you've earned the right
to be in this court.

You made that appeal.
You deserve to be here.

Thank you.

You're gonna be great.

Make no mistake,
I plan to kick your ass,

but I'll be cheering
for you too.

And me for you.

‐[Littleton] We are here.
‐[Douglas] Mmm‐hmm.

[Littleton]
We are actually here.

[indistinct chatter]

[banging gavel]

The Honorable,
the Chief Justice
and Associate Justices

of the Supreme Court
of the United States.

Oyez! Oyez! Oyez!

All persons
having business before

the Honorable Supreme Court
of the United States,

are admonished to draw near
and give their attention,

for the Court
is now sitting.

God save the United States
and this Honorable Court!

[bangs gavel]

We will hear arguments...

in People of Wisconsin
vs. Brian Latham.

Mr. Wambaugh,
you may proceed.

Mr. Chief Justice,
may it please the Court.

I waited 51 years
to get on this stage.

In that case,
we'll give you 30 minutes.

I represent Brian Latham

on the appeal of his
first degree
murder conviction...

which conviction resulted
from a statement obtained

by unconstitutional means.

In Minnick vs. Mississippi,

this court held...

when counsel is requested
by the accused,

all interrogation
must cease,

and police may not reinitiate
any interrogation later

after the lawyer is gone.

And that's what happened here.

After I was gone,

Deputy Lacos asked my client
to tell him
where the body was.

It was an unconstitutional
interrogation.

Are you saying that
after the accused says
he wants his lawyer,

the police can't even
talk to him anymore?

The Deputy
can't even say, uh,

"Hey, how's the weather"
unless the attorney is present?

What I'm saying,
Justice Scalia...

is that he can't
reinitiate an interrogation.

"How is the weather?"
is not an interrogation...

except maybe in New England.

"Tell me where the body is."
That's an interrogation.

Suppose I were arrested.

I asked for my lawyer,

then the police
reinitiate an interrogation.

As a matter of law,
I would have no capacity

for a voluntary statement?

Under Minnick, no.

It would be impossible
for the Chief Justice
of the Supreme Court

to knowingly waive his right
to a lawyer,

if the police initiated
the encounter?

Yes, uh, that's the law.

Well, that seems absurd,
Mr. Wambaugh.

Maybe Minnick is bad law.

Oh, it's Supreme Court
precedent.

I would submit,
Mr. Renchberg...

Uh‐‐ No, I mean,
Mr. Rehnquist...

Uh, Mr. Chief Justice...

Sometimes,
I mispronounce names

on account of my
multiple sclerosis.

Quiet down, everybody.
Quiet.

I want it on the record
that I'm making
no backdoor negotiations.

It'll be on the record.

I just want to do this in here,
to protect their privacy.

She has a constitutional
right...

There is no such expressed
right in the Constitution.

...which entitles her
to an abortion
without his consent.

‐[Franklin]
Why don't you read it?
‐[Henry] Quiet.

How can you even entertain
such a motion?

Because I'm a funny guy.

Fathers can't prevent
abortions.

The Supreme Court
has said so.

The Supreme Court also says
that a constitutional right
can be waived.

The Latham case,
going on this very minute‐‐

The issue being,
whether the defendant

waived his
constitutional right
to counsel.

If he waived it,
he loses it.

The very same principle
is at work here.

She made no such waiver!

She promised to carry
that baby to term.

So what?
You want specific performance?

Come on, did you go
to law school or‐‐

I'll choose my own
legal remedies.

‐Thank you very much.
‐Quiet!

‐Why are you doing this?
‐I said "quiet."

Why are you?

All right, first...

is there any dispute
that it's his child?

No.

And, Carter, are you sure
you want to challenge her
on this?

‐I'm sure.
‐[scoffs] This is ridiculous.

Lady, it usually takes me
a full five minutes
to dislike somebody.

I'm ahead of schedule.

All right, I'm going
to review the law.

The law is very clear.

The Constitution provides‐‐

The Constitution is silent
on this matter.

The right to an abortion
is only as clear

as the nine Justices
sitting on the Supreme Court.

Do you know who's sitting
up there today?

Didn't you meet with
your client, Mr. Wambaugh?

Yes, I did.

And didn't you
appraise him of the risks

of speaking with police?

Of course.

In fact, I suspect,
as a good lawyer would

you gave him a rather
explicit warning.

And that you caused your client
to understand his rights.

So why shouldn't we find
his statement here

to be a voluntary waiver
of his right to counsel?

[Douglas]
Because he was coerced.

Deputy Lacos knew my...

my client
was a devout Catholic.

And he preyed upon my client's
Christian sympathies,

to get information.

Is it your position,
Mr. Wambaugh,

that the incorporation
of religion into
a line of questioning,

would mean that any response
per se, as a matter of law

could not be deemed
to be voluntary?

Or is it your position,
that in this
particular encounter,

given the religious
hyper‐sensitivity
of the accused,

that as a matter of fact,

Mr. Latham's response

could not be regarded
as voluntary?

I would ask you
to repeat the question
but my time would be up.

Uh... huh...

Uh... I'm a character.
[chuckles softly]

I, uh, would submit that
in this particular incident...

Mr. Latham's response
was not voluntary.

Minnick says,
as a matter of law,

the statement is
automatically involuntary

when the police reinitiate
the encounter.

Well, how would the police
ever get a confession?

Almost every suspect
immediately asks for a lawyer.

If he's not allowed
to change his mind,

if the police aren't even
allowed to ask him
if he wants to change his mind,

how are we to obtain
valid admissions?

Well, I'm concerned today
about the invalid ones.

Why shouldn't we apply
an objective test
for each case?

If the waiver is voluntary,
let it in,

if it feels coerced,
keep it out.

Why apply this
absolute restriction?

Because we need
the absolutes.

We need a prophylactic
that gives a 100% assurance

against coerced confessions.

If you give the police
any margin,
they'll abuse it.

That is a pretty
sweeping indictment.

Well, Your Honor,
I don't mean to suggest
policemen are bad people.

I personally know
the arresting officers
in this case...

Officers Maxine Stewart
and Kenny Lacos,

people I admire.

But they're caught up
in a system and a society
that is gripped with fear.

And when afraid enough...

scared people become willing
to suspend civil rights.

It's going on all over
this country.

It went on at his trial.

When Judge Bone
stood up and said,

"I don't give a damn
what the Supreme Court says,

the hell with his right
to counsel."

Well, that's what he said.

And he said,
if the Supreme Court

has a problem with that,

they can come and get him.

And the people of Rome,
enlightened people,
good people...

they stood on their feet
and cheered Judge Bone
when he said,

"To hell
with the Constitution."

They cheered.

That's what's going on
in America today.

People are afraid.

There's pressure
on the police

to do everything
to catch the bad guys.

And they are doing
everything.

Including crossing
constitutional barriers.

That's why we need
the Supreme Court.

When the police go too far,

that's where you come in.

Well, they went too far
in this case.

They denied Brian Latham
his constitutional rights.

So this is where
you come in.

‐[knocking]
‐Hi.

Hi.

I've been thinking about
how all of this
is none of my business.

And I know that I should
leave you alone.

But, then it occurred to me
that maybe the reason
that you're doing this...

is because you're so alone.

Surrogacy is
an extreme step, Carter.

Going to court to enforce it‐‐

I'm not gonna lie to you,
I'm worried about you.

[inhales]
What is so crazy?

That I would like
to have a child?

That I want to
share in the experience
of parenting like...

everybody?

I know I could adopt,
maybe I will someday.

But I wanted my own
flesh and blood too,
you know?

‐Carry on the Pike name.
‐Oh!

[scoffs] I'm 38, Jill.

I can cling to the idea that
maybe I'll meet somebody...

have children together...

But I also have to
recognize the reality,
I'm 38!

And I've never been
in a relationship
with anybody. Never.

I didn't know that.

Yeah, well,
it's not something I...

Look, I'm not denying
how ridiculous this is,

doing what I'm doing but‐‐

[sighs]
What's that old saying,

"behind every desperate act,
you'll find a desperate man."

You're not
a desperate man, Carter.

I have nobody
in my life to love, Jill.

What does that make me
if not desperate?

This was no interrogation.

Deputy Lacos
volunteered to leave.

Brian Latham,
at least implicitly,

consented
to the conversation.

And that's what this was,
a conversation.

There was no accusation.

No attempt to elicit
incriminating evidence.

Simply, a question.

"Do you know
where we might find
Susan Engrams?"

To categorize that
as an interrogation,

to say it rises
to the level of coercion,

is completely
contrary to fact.

You're maintaining
that Minnick doesn't apply,

because this
isn't an interrogation?

That's correct, Your Honor.

Counsel, he asks the suspect
to point him to the body.

Suspect tells him.

That's a pretty
incriminating answer.

And exactly the kind of answer
that the deputy was looking for.

I maintain that Deputy Lacos'
intent was not to elicit
incriminating evidence‐‐

It doesn't matter.

If the police
ask a question

that can reasonably elicit
an incriminating answer...

it's an interrogation.

You're familiar with
Rhode Island vs. Innis?

Yes, I am.

Then how do you
get around Minnick?

The law says that
you cannot reinterrogate

after the accused
makes a request for counsel.

Which is exactly
what Deputy Lacos did.

How do you get around that?

Are you suggesting
Minnick doesn't apply?

Or are you advocating
that we overturn Minnick?

I am suggesting to this court
that Minnick be overturned.

[murmuring]

This court erred
in Minnick vs. Mississippi.

Well... [sighs]
isn't this exciting?

Mr. Chief Justice,
you yourself
flagged the problem.

It's become impossible
for the police
to get a confession.

Now, the point of Miranda
and all these
prophylactic protections

is to guard against
compulsory self‐incrimination.

We want defendants
to know their legal rights.

We want their statements to be
intentional and voluntary.

Minnick has distorted
this protection
to a ridiculous extreme.

It establishes
a systematic formula

that can result
in a complete travesty‐‐

Not only of justice,
but of common sense.

To hold, as a matter of law,

a suspect can't change his mind
about having counsel
in the room?

To say he automatically
lacks capacity to make
voluntary statements.

Nothing in the Constitution
supports this type of premise.

Nothing!

These are court
articulated protections

that have expanded into
constitutional fairyland.

If you want to stretch
a ruling on Minnick to its
most illogical extreme,

you need look no further
than this case.

Brian Latham
was a sane, competent man

who knew his legal rights.

He had been given Miranda.

He had been warned
by his lawyer.

Take a look at those
trial transcripts...

this man's testimony
was precise.

He clearly knew
what words to choose.

His statement to Kenny Lacos
was knowing,

intentional and voluntary.

And we're applying
an automatic formula

to redefine it as involuntary
and throw it out.

Well, if the Minnick test
results in such an atrocious
rape of the simple truth,

then Minnick
should be reversed.

Suppose the suspect is
not so savvy as Mr. Latham?

Maybe he's more
easily tricked.

How do we prevent
the police from
exploiting that situation?

Maybe the best way is simply
to draw an absolute.

If he asks for a lawyer,
stay away.

That's simple, Counsel.

Why can't the police
just stay away
until the lawyer gets there?

We can err too much
on trusting the police,
I guess...

or in trusting them
too little.

Which error,
in your opinion,

would be more consistent
with our Constitution?

I don't think you need to
make either error.

I think your rulings
should trust law and order.

And trust that the underlying
intent of the Constitution

is to ensure a free nation.

Crime is making us all
less free.

Now, the Constitution
is certainly there
to protect the guilty

as well as the innocent,
I don't dispute that.

But that objective of
the Constitution is not
to set the guilty free.

The people of this country
need to know that.

They need to hear that
from this court, today.

[crowd chattering loudly]

‐[shutter clicks]
‐[man screams] Sinner!

Keep back!

[man shouts] Baby killer!

‐Let her pass.
‐It's murder!
You're a murderer!

‐Please step back, sir.
‐I will not get back.

‐Take your hands off me!
‐Hey!

‐Hey!
‐[crowd gasps]

What's your name?

My name is Michael Duffy.

‐[crowd gasps]
‐[man laughs]

Never hit me, Mr. Duffy.

[man] Get back to work.
Come on, give 'em some room.

[Franklin] She contracted away
her right to an abortion.

She gave it away
when she entered into
the surrogacy agreement.

Your Honor, that is
completely without merit.

Husbands have tried
to sue mothers

for emotional distress
after abortions,

but the courts
threw out those cases.

Why?
Because there is no precedent.

Those were
lower court decisions
that were ruled on...

‐Excuse me, I would
like to finish my‐‐
‐Will you let me finish?

‐Hey!
‐I was the‐‐

I'll finish.

Excuse me, Your Honor.

‐Could I be heard?
‐It would be refreshing.

Let's have the lawyers
take their seats.

I'm not gonna get into
the abortion debate.

Whether the fetus
is a life or not,

I know that
it's a legal question
for the lawyers.

I also know that
it's a woman's...

personal choice
as to whether...

she considers it
a life or not.

I would just like to say...

as the father...

it's my personal belief
that it is a life,

that it's my child.

And that is why I feel
I must try to save it.

Uh... [sighs]

[smacks lips] I also know,

according to
the Supreme Court, I...

as the father,
have no rights here.

Legally, I'm irrelevant.

And I think that's wrong.

Without completely
vitiating pro‐choice,

we should find some way to give
the father some rights.

After all, it's... my child!

Before the Supreme Court
can address this question,

the case has to get there.

And in order
for that to happen,

we need some brave
trial court judge,

who's willing
to make a ruling

that putative fathers
do count in this decision.

And I have listened
to your rulings for years

and I don't know
any judge

who has more courage
than you.

I guess I'm asking...

for me and...

my child.

I'm asking you to be
the most brave
you've ever been.

I need five minutes.

Spent too much time
on Minnick.

Should've given more to Breyer,
played up the coercion.

You got in Breyer.

‐How soon before they rule?
‐There's no telling.

Could be quick,
could take months.

I can't believe I said it‐‐
Renchberg!

[chuckles]

Mr. Wambaugh,
you were fantastic.

I was?

You stood up
in the Supreme Court

and were equal
to nine judges.

I couldn't believe
how good you were.

I wish Myriam
could've seen it.

I wish Brian Latham
could've seen it.

I saw it.

I was very proud of you.

Watching you fight
the way you did...

you made all lawyers proud.

Thank you, Kimberly.

And you did too.
Very much.

Thanks.

[bailiff] Be seated.

On pregnancy matters,

Roe vs. Wade
gives all the rights
to the mother.

The father has none
before viability.

The waiver argument
was a novel one, Mr. Dell,

but to enforce
a contract claim,

to prevent a woman
from terminating
the pregnancy,

that would be against
public policy.

The only way for me to grant
Carter Pike's request,

would be to flat‐out ignore
the Supreme Court‐‐

Which I've done.

One thing about being old,
it can make you brave.

But I'm not
that brave, Carter.

This case involves a baby,
two parents...

and a controversy
that no judge
can ever truly solve.

The issue of abortion
is a deeply personal one.

I am neither wise
nor brave enough

to be Solomon.

Plaintiff's petition denied.

Ms. Halford is free
to terminate the pregnancy.

‐Adjourned.
‐[bangs gavel]

[crowd murmuring]

They came at me.

[chuckles] Especially Scalia.

But I fought them, Brian.
I fought them with all I had.

‐When will they rule?
‐Well, there's no telling.

But it would be nice
if those regular appointees
could retire first.

But the law
is still on our side.

Minnick is the key.

Now, I ordered a transcript,

so you'll be able
to read every word.

Douglas Wambaugh,
the Supreme Court.

‐[chuckles]
‐I had a moment.

Kimberly, what are you
doing here?

This came in.

What?

How could they rule so fast?

‐[knocks on glass]
‐What?

They reversed Minnick.

‐Our appeal was denied.
‐[sighs]

What does...
what does it mean?

[loudly] What does it mean?

It's over. We've lost.

You said the law
was with us.

You said they follow the law!

I don't know what to say.

But the law just changed.

[door creaking]

[theme music playing]

[theme music ends]