How to Get Away with Murder (2014–…): Season 4, Episode 13 - Lahey v. Commonwealth of Pennsylvania - full transcript
A meeting with Olivia Pope proves to be crucial in giving Annalise the opportunity to argue her case in the nation's highest court.
Previously on "How To Get Away
With Murder"...
I'm Jacqueline Roa,
Isaac's ex-wife.
Your situation
is triggering him.
Did you give Stella
those drugs?
Jacqueline, this is
Annalise Keating!
I swear to God,
put the phone down!
Ask him about Stella.
How'd you know
Christophe?
[ Buzzer sounds ]
Get the hell out of here!
You have more than
enough plaintiffs.
I want to make him
my face case!
-He's in.
-There's no chance in hell
the Supreme Court is
going to hear this case!
-You just need to ask for help!
-Olivia Pope?
Annalise:
The Department of Justice
recommends a maximum
of 150 cases at a time,
but the PD's in Pennsylvania
carry a load of over 200.
This is an issue for the
state legislature, Ms. Keating.
Public defenders need to
demand better funding.
But the money isn't there,
thus leading to long-term,
systematic violations
of the Sixth Amendment.
But the justices in Pennsylvania
wrote that forcing counties
to provide more funding violates
the separation of powers.
In Johnson v. Zerbst,
this Court established
Sixth Amendment violations,
not as a states' issue
or federal issue,
but a human-rights issue.
Believe me, Noah,
I am thrilled
for any chance
to argue a case
in front of our nation's
greatest court.
You've won four cases
there before.
Because I study the Court
and its nuances,
and the only reason they agreed
to even hear this case
is because Ms. Keating has
made friends with some
very influential people.
You're referring to
President Fitzgerald Grant?
Amongst others.
I can't believe that
you're on a first-name
basis with Olivia Pope.
I know her name.
I doubt she remembers mine.
Look, I'm just saying we all
have enough to feel guilty about
without you adding that
to the pile.
What does that mean?
"We all have enough
to feel guilty about"?
Simon, Wes,
all the murder.
[ Sighs ] Look.
It's nice that you feel bad
about stealing the case
from Connor,
but it was your idea
to on-board the Pope.
And besides, what were
you supposed to do?
Tell AK to send Connor
to D.C. instead of you?
I mean, what kind of lean-out
crap would that be? Hmm?
Of course
you get to be mad.
Class action was never about me.
It's about the plaintiffs.
Well, then, prove it and come
to D.C. with the rest of us.
I have to beg the dean
to let me re-enroll.
This is a once-in-a-lifetime
opportunity to watch Annalise
yell at a bunch
of old white dudes!
And we could
check out the monuments
and go look for closet cases
on the Hill.
Okay, fine. I'll go.
Yay!
Field trip! Mwah!
-[ Laughs ]
-Yay.
Annalise: These
Sixth Amendment violations
are a form of
disenfranchisement,
primarily affecting
people of color.
Are you implying that
the Commonwealth intended
its denial of state funding to
have a racially biased effect?
I'm not implying it.
I'm flat-out stating it.
6.5% of Americans
are black men,
and yet they account for 40%
of the prison population.
Stop. You list those
statistics in your brief.
Refer the Justices there
so you don't waste a second
of your 30 minutes.
I can't say it enough --
every word matters.
[ Cellphone ringing ]
Annalise!
Oh, sorry.
I thought they stopped
the investigation into Isaac.
Bonnie: They did.
Then why can't we get
his testimony reinstated?
[ Sighs ] Isaac isn't
a reliable expert anymore.
-Why not?
-That's all I can tell you.
But even if our states
could find
more funding
for public defenders,
what about using that money
for our schools?
Or housing
for the homeless?
What about the millions
of children in the
foster-care system that
are wards of the state?
I'm sorry you're
not there with her.
Or women who depend
on state funds
to escape
battered housing.
And let's not forget --
my opposing counsel was just
a criminal defendant herself.
Ms. Keating was cleared
of all charges.
In fact, she says that it was
her own experience in jail
that inspired
this class action.
Well, I would make up
that story, too,
if I were in her shoes.
Look what just came.
Ohh. Is he trying
to win you back?
It's for you.
...agree that it's beneficial
to rid our prisons
of people
who don't deserve...
...draw the line
between guilty...
Hmm. You should hide that before
I find a way to shotgun it.
Explain to me how
someone who was just fired
from teaching the law
can be entrusted to change it.
It's ludicrous.
She's trying to
get in your head.
I've heard worse.
And then,
there is Olivia Pope,
a woman well known for
finding ways around the law,
not protecting it.
So my concern is that
these two women,
claiming to fight
for the poor,
might actually
just be using this case
to distract us from
their own criminal acts.
Let's not go
below the belt.
Uh, talk to me about
some of your --
[ Remote clicks ]
It's kill or be killed.
You do know that.
I know it,
and I look forward to it.
Let's get back to work.
[ Door opens ]
[ Door closes ]
Nate: I got something good
to tell you for once.
There's no such thing
as good in here.
Annalise appealed
the state's decision,
and the Supreme Court
agreed to hear your case.
That means she needs you
at the table with her.
No way the warden's gonna
approve me leaving here.
He already approved it.
You're going to
the Supreme Court.
♪♪
♪♪
[ Cellphone ringing ]
[ Ringing stops ]
[ Cellphone clicking ]
Jacqueline won't stop
calling me.
-Okay.
-No, it's not okay.
Have you heard anything?
Denver's not gonna
re-open Isaac's case.
How are you feeling?
Fine.
You're allowed to be
a little nervous.
I'm not nervous.
I just want to win.
You're going to.
Did you invite your mom?
Bonnie, she'd pee herself
right in the middle
of the Supreme Court.
You think that's what
I want to be worrying about
at the podium?
♪♪
♪♪
♪♪
♪♪
♪♪
Olivia: Good news.
Ingrid Egan's interview
had the opposite effect
of what she intended.
So now the ACLU, the NAACP,
and Public Counsel
are all offering
to come on board.
No.
These are attorneys
who have argued
and won many cases
in this Court.
Then, how come I'm the
one that got the case
this far and not them?
♪♪
Anna Mae Harkness.
Born in Memphis in 1967.
Attended junior college for
two years, then university,
then law school,
where she was one of
just 20 women in her class
and one of only two black
students in the entire school.
And in alumnae interview,
she's quoted as saying
a career goal
was to argue a case
before the United States
Supreme Court.
And win.
And win.
What the hell
are you saying?
If you lose this case,
it'll set criminal-justice
reform back decades.
You don't think
I know that?
Then think about
accepting some help.
That's all I'm suggesting.
Where are you going?
Take a moment.
Soak in the glory.
God knows it won't be
like this on game day.
♪♪
♪♪
♪♪
♪♪
♪♪
[ Cellphone clicking ]
♪♪
[ Ringing ]
♪♪
[ Click ]
Mama.
It's Anna Mae.
What is the point
of having a burner phone
if you're just gonna
force me to meet you at work?
I talked to Laurel's mom.
What?
I showed her the photo, and
she just started talking --
about how Laurel
called her last year,
told her she was in love
with this guy, Wes.
Don't tell me you
believe any of this.
I'm just telling you
what she told me,
which is that she had
Dominick set up a meeting
between her and the puppy
so she could pay him 100K
to stay away from Laurel.
That doesn't make sense.
Especially since
I can't find the money.
No.
Just look into Wes'
old bank account, see
if there's money there.
And when there's not?
You'll finally tell Laurel?
Okay.
I'll let you know
what I find.
♪♪
So, have we made
a decision?
I have.
I'm doing it.
On my own.
Good.
I'm not in the mood
to make new friends.
Unfortunately, it appears
our opposing counsel
is all about it.
What does that mean?
I got word Ingrid Egan
is trading information
with one of the Justices.
-Which Justice?
-We don't know.
I tasked Marcus and
Michaela to find out.
[ Knock on door ]
You expecting company?
Oh. My parents. Give me a second
to get rid of them.
[ Gasps ]
Diana Ross!
[ Laughs ]
I just mean that my baby
is singing
with the Supremes!
[ Laughter ]
Mac: They got you set up
in the fancy suite, huh?
I put myself
in this fancy suite.
Who's this?
Olivia Pope. I'm working with
your daughter on her case.
Wait a minute. What'd
you say your name was?
-Mama.
-I didn't ask you.
I asked her.
What's your name, baby?
Olivia Pope.
[ Laughs ] I'm just messing
with you. I know who you are.
Didn't I tell you, the lady
from the TV was gonna be here!
It's an honor to
meet you, Miss Pope.
The honor
is all mine, sir.
All right. I got you set up
in a room down the hall.
Just --
Let's get you settled.
Not before you get
some food in you.
I fixed some stew and
biscuits this morning.
Mama, we got work to do.
But you need fuel
for that work.
Get out the
Tupperware, Daddy.
Mac: Already on it.
♪♪
♪♪
Michaela,
this is a stakeout.
Two sets of eyes
are better than one.
Our opposing counsel isn't
stupid enough to have
a Supreme Court Justice
visit her house in
the middle of the day.
Are you calling
my plan stupid?
♪♪
[ Exhales sharply ]
I have a boyfriend,
Marcus.
-Asher. I know.
-I know you know.
Which is why I need
to make it clear
because I love Asher
very much,
even though you are obviously
charming and intelligent
and everything I ever
thought I wanted in a man.
-Okay.
-Good.
Oliver:
Every minute we wait,
traffic's only
getting worse, Asher.
-I'm moving my tush!
-Or we could just not go.
We already lost our tickets
to Annalise's parents, so --
We'll get tickets as long
as we get up at the crack
of dawn for the line.
Plus, I have the perfect thing
for us to do while we wait.
-Wedding planning.
-We're not having a wedding.
Uh, you are, too.
I witnessed the proposal.
We're getting married.
We're just not wasting
money on a DJ and bad cake.
That sounds like some
internalized homophobia to me.
[ Door opens ]
Laurel: Hey.
Sorry I'm late.
Laurel, tell Connor and Oliver
they need to have a wedding.
You need to have
a wedding.
See? It's the only thing giving
anyone any J-O-Y right now.
Can we please
debate this in the car?
95's already
really, really red.
Okay.
I tell you.
I've seen them everywhere.
Women, women everywhere.
The grocery stores,
doctor's office,
church, everywhere.
It's because cops keep
sending the men off to jail.
No wonder Anna Mae ran off
and married a white man.
-Okay. Lunch is over.
-[ Chuckles ]
I'm just saying, thank God
for both of you, mm?
This country's been broken
for damn near my whole life.
Huh?
I'm just grateful
to see somebody
who can possibly fix it.
Your daughter deserves
most of the credit
for this case,
Mrs. Harkness.
[ Knock on door]
And you deserve credit
for being smart enough
to team up with her.
What's wrong?
Is it your father?
They're driving him down
in the morning.
I just came to see
how you're feeling.
Nathaniel.
Miss Ophelia.
-How good to see you.
-So good to see you again, too.
Sir.
Oh, you know better than
to call me that, son.
Olivia,
Nathaniel Lahey.
You can call me Nate.
Nate Lahey?
Not the face-case guy.
I'm his son.
Our face case is your
ex-boyfriend's father?
And your ex-boyfriend
was the president, and you
don't hear me judging.
These people
we're up against,
they're looking for
anything to crucify us.
Us or me?
You heard that woman
on the news.
I am as much
a target here as you.
Is that why you asked me to
bring on those other lawyers?
-I left that decision to you.
-And I made it as I saw fit.
Now I'm going back inside.
To work or to eat
your mama's stew?
You're terrified, huh?
Having to rely on my messy ass
to save your reputation.
Your reputation.
And I don't understand
how inviting distraction
into your life
the day before the biggest case
of your career is a good idea.
That distraction
is my family.
What about your
plaintiffs' families?
You know what?
I let you do your thing, but
this is my world, my rules.
So stop worrying about
me being prepared.
I am worried.
About me losing or
it reflecting badly on you?
Both.
You know, this isn't about
a bucket list
or saving my reputation.
It's about knowing that I've
done something that matters.
And I know that
you want it, too,
because I can
see it in you.
That's why I asked
my family to be here
and why I asked you
to be here.
Because winning this case
will matter to me like...
[Scoffs]
...nothing in my life
ever has.
So stop worrying about me.
Stop handling me
and let me do my job
the best way I know how.
Okay.
[ Kid Cudi's
"Swim in the Light" plays ]
♪♪
♪ You could try
and numb the pain ♪
[ Cellphone dings ]
♪ But it'll never
g-o-o-o away ♪
What's Asher saying?
They're almost here.
Go. You can meet them.
I can do this solo.
[ Sighs ]
♪ G-o-o-o away ♪
What's wrong with you,
Marcus?
Huh?
Are you an egomaniac?
Do you wear sock with sandals?
Or is it a micropenis?
Because it makes no sense
why you don't have someone.
[ Sighs ]
Or maybe you do and
you just haven't told me.
♪ Smarter, stronger ♪
♪ Mm-mmm ♪
There was someone,
but she had a chance to do
something great without me.
And I couldn't
hold her back from that.
♪ Make it through ♪
♪ What is to do ♪
♪ Now out the way ♪
I hate you so much.
♪ You could try
and numb the pain ♪
♪ But it'll never
g-o-o-o away ♪
♪ You could try
and numb the pain ♪
♪ But it'll never
g-o-o-o away ♪
[ Alarm beeping ]
[ Gil Scott-Heron's
"Me and the Devil" plays ]
♪♪
Nate: The guards will bring
you in before court starts.
It'll be crowded --
full gallery.
Plus all the Justices
and the clerks and...
You say that like you think
I'm gonna flip out in there.
I just want you
to be prepared.
I've sit quiet for 30 years.
I got this.
Okay.
No good?
♪ Early this morning ♪
♪ When you knocked
upon my door ♪
♪ Early this morning ♪
♪ When you knocked
upon my door ♪
♪ And I say, "Hello, Satan ♪
♪ I believe it's time to go" ♪
Can't believe they let you
bring a blade around me.
Just hold still.
[ Chuckles ]
♪ Me and the devil ♪
♪ Walkin' side by side ♪
♪♪
Tell me you slept better
than I did last night.
Sleep's overrated.
♪ Until I get satisfied ♪
♪♪
♪ Me and the devil ♪
♪ Walkin' side by side ♪
Michaela!
Over here!
You made it.
Yeah.
Did you get my text?
Uh, my phone died.
How come you didn't come
to the hotel last night?
I stayed up all night
with Annalise helping
her prep. It was crazy.
Everyone,
this is Marcus --
Walker. Yeah.
Former press secretaries
need no introduction.
Asher Millstone,
part-time law student,
full-time
Michaela's boo.
I hear you guys
need tickets.
Let me check
with the guard.
I'll come with,
in case you need backup.
Michaela, please
tell me you didn't.
-She totally did.
-I didn't.
-Didn't what?
-Bang the press secretary.
What?!
Former press secretary.
And I didn't.
Okay, I did, but it was
a one-time mistake.
It meant nothing. Please don't
tell Asher. It'll destroy him.
Destroy him like you destroyed
me when you stole this case?
Hey, guys.
Main gallery.
Marcus Walker
is the man!
Boo-yah!
-Pizza guy.
-What?
The pizza delivery guy
is with Justice Strickland.
Strickland's
working with Ingrid.
Oh, my God.
Let's have each of you sign
the Supreme Court guest book.
Your signatures will join
the likes of Thurgood Marshall,
F. Lee Bailey,
and Ruth Bader Ginsburg.
Ms. Egan.
Let Ms. Keating
go first.
She's never
done this before.
Clerk: Right here.
♪♪
♪♪
She has no idea
what she's in for.
[ Cellphone beeps ]
It's Marcus.
I'll be right back.
-Something wrong?
-No. Do your thing.
You didn't tell me
you saw a pizza guy.
What do you think
was in the box?
Strickland's
prep questions.
He's a hard-line
conservative.
He wants to help Ingrid
any way he can.
So Annalise is screwed.
[ Laughter ]
[ Indistinct conversation ]
[ Cellphone ringing ]
♪♪
-Hello?
-Annalise.
It's Jacqueline.
I guess I should have
blocked my number days ago.
Um, I've been out of town.
You're in D.C.
I know.
Which is why this
isn't a good time.
Isaac overdosed,
Annalise.
The police found him
in his car three days ago.
Is he dead?
No. But his kidneys
are failing.
Do you get why I told you
to stay away now?
This wasn't my fault.
Telling me about Stella
is what sent him to
this place, Annalise.
You needed to know.
I already knew.
But now look what you did.
You ruined him, just like you
ruin everyone in your life.
[ Beep ]
♪♪
Isaac: I haven't felt
this bad since Stella died.
Annalise: I'm with Isaac
and he's relapsed
That's because of you.
-His kidneys are failing.
-Ask him about Stella.
Isaac: You really think
I'd be in this position
if it weren't for you?
Jacqueline: Look what you did.
You ruined him...
Annalise:
This wasn't my fault.
Jacqueline: ...just like you
ruin everyone in your life.
Isaac: And here I am. I'm just
sucked into your life!
Your boss had you personally
deliver ex facto communications
to Ingrid Egan the night
before oral arguments.
You have no proof of that.
I have a photo of you
in a pizza uniform.
You're bluffing.
I'm Olivia Pope, Kevin.
I don't bluff.
Get me in to see
Justice Strickland.
[ Cellphone beeping ]
Get back here, Kevin!
[ Cellphone beeping ]
What is it?
This is because
of Strickland.
I didn't get a chance
to tell her. I just walked
in, and she was like this.
♪♪
You okay?
I can't do this.
Of course you can.
You have to.
Annalise, no one else
can do this but you.
No. I can't. All right?
It's you.
You have to do this.
Please.
No.
No one knows the case
as good as you.
I don't have standing
with the Court, Annalise.
That's only you.
-Mnh.
-So you need to talk to me.
What do you need to walk
into that courtroom?
Because that needs
to happen now.
So tell me what you need,
and I will get it for you.
Vodka.
Okay.
Go to Marcus.
Tell him to find vodka.
She's an alcoholic. She'll
get disbarred if she drinks --
-I know.
-That's just in normal court.
-This is the Supreme Court.
-Michaela.
Marcus. Vodka. Go.
[ Breathing shakily ]
[ Door closes ]
♪♪
♪♪
I need you.
♪♪
Something's wrong.
Olivia, what if I fail?
Then you fail.
No, I can't. I can't.
I can't let these people down.
Stop thinking
about those people.
You said it yourself.
You're not doing this
for them --
for Nate, his father,
your mother, me.
You're doing this
for you.
You're doing this
for you.
And for that little girl who
clawed her way out of Memphis
after always being told
she wasn't good enough.
Three minutes.
The countdown isn't making
anyone feel better, Oli.
Oh, God.
[ Exhales sharply ]
I can't believe I'm a grown-ass
woman asking for help.
Well, you're a terrified
grown-ass woman.
[ Both laugh ]
And I get that.
What you're about to do
is terrifying.
I'm terrified for you.
But, Annalise,
this case chose you.
So you need to pick yourself
off of this floor
and walk into
that courtroom.
Not for anybody else
but for you.
Michaela: Here. Vodka.
We just don't have a cup.
We only have
about two minutes.
Get out.
-But --
-You're not helping. Leave.
♪♪
Whatever it is you think is in
this bottle is already in you.
I know that, but I don't have
time to convince you of that.
So if you think you
need to drink, drink.
♪♪
♪♪
Okay.
Okay.
-Okay.
-Okay.
Okay.
-Ready.
-Okay.
Let's go.
-1 minute, 45 seconds.
-Stop, Oliver.
Oh, here she comes.
Woman: Is that him?
[ Spectators murmur ]
♪♪
Okay, this may not be the
best time to tell you this,
but Strickland's the
Justice who's been
feeding Ingrid information.
You need to be ready
for him to gun for you.
Anna Mae!
Listen. You gotta eat
something, baby.
You can't be keeling over
during a debate contest.
-Please.
-Having a bit of an episode.
Mama, we ate breakfast.
Remember?
Just a sip. Just a little sip.
Just -- Just --
Okay, okay.
Mrs. Harkness.
How about I eat with you, and
Anna Mae can go to her debate?
No.
Yes. Anna Mae --
-Ophelia, let Anna Mae go.
-I said --
-Ohh!
-[ Gasps ]
-Annalise, go inside. Go.
-I'm sorry.
It's okay. It's okay,
Mrs. Harkness.
-I'm sorry.
-It's just...
29, 28, 27, 26...
[ Door opens ]
There she is.
♪♪
Thought maybe
I'd scared you off.
Not possible.
[ Gavel bangs ]
Marshal of the Court:
The Honorable Chief Justice
and the Associate Justices
of the Supreme Court
of the United States.
Oyez! Oyez! Oyez!
All persons having business
before the Honorable,
the 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.
♪♪
Mr. Chief Justice and
may it please the Court...
Until my client,
Mr. Nathaniel Lahey,
was 9 years old,
it was illegal for him to sit
at a white-only counter.
That changed when
Brown v. Board of Education
ended segregation.
Until he was 18, he had no right
to free legal counsel.
Gideon v. Wainwright
ended that.
At 20, Miranda v. Arizona
stopped the police
from being able to arrest him
without informing him
of his right to an attorney.
With each of these
landmark decisions,
this Court helped Mr. Lahey
get closer to the equality
that our constitution promises
every citizen in this country.
But he's still not there.
He's still not equal.
Instead, he's the victim
of a broken system.
-A victim?!
-Yes, victim, Your Honor.
Of repeated instances
of Sixth Amendment violations.
Your client is a confessed
murderer, Ms. Keating.
Justice Strickland, my client
was never informed of his right
to appeal the sentence
after his first conviction.
That's how ineffective
his counsel was.
This is a version of the
story coming from him?
Every one of
the 15 public defenders
that he has had represent him
told him to plead guilty.
You're saying that
he was not guilty
of any of these crimes?
Thank you.
Without properly funded
counsel,
he received sentences longer
than the average man.
And these years in prison
included solitary confinement,
which resulted
in mental-health issues
that led to the tragic events
of this murder.
But you just said that
your client was the victim.
The victim of underfunded
public defense system.
Don't interrupt me.
Ophelia: I'm so sorry.
Really I am.
I'm fine. Mrs. Harkness, you
need to go watch Anna Mae.
Anna Mae doesn't need her mama
right now. She needs you.
No, I think she'll be fine
all on her own.
Stop yapping and go sit --
sit your butt down.
The only victim in this case
is Gerald Reinhoff,
the man that your client
beat to death in cold blood.
We are not here
to try a murder,
but to understand the events
that led up to this murder.
But of all the plaintiffs
that you could've brought us,
you're asking us
to feel for a killer?
A man the system
made into a killer.
I said don't interrupt.
Justice Strickland:
Now, what is apparent to me
and to several of
my fellow Justices...
Let's not speak
for the rest of us.
...is that this
is a money issue,
one that the legislature
of Pennsylvania can decide.
Except this case is not only
about money, Your Honor.
It's about race.
You're just like
Anna Mae.
Always taking care of
everybody else but yourself.
Oh, I see it on the TV.
Sometimes, you're standing
next to the man president.
Then the lady president.
[ Chuckles ]
Fixin'.
Fixin', fixin', fixin'.
Sometimes that doesn't leave you
any time for yourself.
I know this.
Because I was you.
I mean, not hanging
with no presidents
or anything like that.
Just...
people needed me.
People needed me.
That's for sure.
Sometimes, I think
this whole country
would just fall apart...
if we weren't around to...
clean up all the mess.
Only, this time...
...I made the mess.
Hmm? Mnh.
You were just
being a good mom.
One in three black men
will go to prison
versus one in 17
white men.
Either you are arguing
that your plaintiffs
are getting
ineffective counsel
because of poor funding
or because of their race.
-Which is it?
-Both.
Not all of your plaintiffs
are people of color.
My sample of plaintiffs
matches a racial breakdown
of incarceration.
40% of my plaintiffs are black.
20% are Latino.
If you want us to
consider race here,
it would have to be
the determining factor.
It's one of many factors.
But is it the
determining factor?
Either it is
or it isn't.
♪♪
Yes.
Race is the
determining factor.
Oh.
You did not file
this class action
on the grounds
of discrimination,
so we cannot consider race
in our decision.
I disagree.
This bench must
consider the validity
of Ms. Keating's equal
protection argument.
Chief Justice Montgomery: The
impact of a ruling based on race
would have adverse
procedural implications.
That was the argument
in Brown v. Board.
Segregation was designed
to discriminate.
Can't say the same thing...
Olivia: Don't lose a second
of your 30 minutes.
Every word matters.
...Court decided the effects
of racism were so...
So let us listen
to Ms. Keating.
Justice Strickland:
Let me say this again.
Race is not a variable
in this case.
Your Honor, I'd like to use
the remainder of my time
to prepare my rebuttal.
Chief Justice Montgomery: The
request for rebuttal is granted.
Mr. Chief Justice
and may it please the Court,
Ms. Keating has pulled
a bait-and-switch on this Court.
The minute she made race
the determining factor,
she took it out of the
purview of this trial...
Go to the library and
look up this ruling.
-Okay.
-Michaela.
We lose without it.
Ingrid: ...race but
on the expertise of
the individual attorney.
In Washington v. Davis,
your predecessors decided
that even if a law has
a discriminatory effect,
it is unconstitutional...
You did your best.
if that was not
its intended purpose.
If that is the precedent that
Ms. Keating wants to challenge,
then that case
needed to be built
and argued in the
state appellate courts.
Bryant v. Topeka.
Topeka means Kansas,
which means it has to be
in the 10th circuit.
So I'll start with
the indexes from '82.
You start with '87, and we'll
meet somewhere in the middle.
Why are you looking
at me like that?
Your brain. It's hot.
Focus.
Justice Spivey:
Washington v. Davis was
decided on a technical issue
of the lower courts
for not applying
appropriate legal standards.
Ingrid: While Ms. Keating's
statistics make it clear
that our judicial system
should be reformed,
that is not the duty
of this Court today.
Ms. Keating, we'll now hear
your rebuttal arguments.
♪♪
♪♪
"As an arbiter of the law,
with whole knowledge
of historical jurisprudence
in this country,
race must always be
considered a variable."
You have precious time,
Ms. Keating.
I suggest that
you don't waste it
by making arguments
you've already made.
These are not my words,
Justice Strickland.
They're yours.
You wrote them in your
1985 ruling in Bryant v. Topeka,
an equal protection case
dealing with a state-housing
lottery program.
♪♪
Racism is built
into the DNA of America.
And as long as
we turn a blind eye
to the pain of those suffering
under its oppression,
we will never escape
those origins.
The only safeguard
people of color have
is the right to a defense,
and we won't even
give them that.
Which means that the promise
of civil rights
has never been fulfilled.
Due to the failure
of our justice system,
our public defense system
in particular,
Jim Crow is alive and kicking --
laws that made it illegal
for blacks and whites
to be buried
in the same cemetery,
that categorized people
into quadroon and octaroons,
that punished a black person
for seeking medical attention
in a white hospital.
Some may claim
that slavery has ended.
But tell that to the inmates
who are kept in cages
and told that they don't have
any rights at all.
People like my client,
Nathaniel Lahey,
and millions of people like him
who are relegated to
a subclass of human existence
in our prisons.
There is no alternative
to justice in this case.
There is no other option.
To decide against my plaintiff
is to choose lining the pockets
of prison owners
over providing basic defense
for the people who live in them.
And is that the America
that this Court
really wants to live in?
Where money is more important
than humanity?
Where criminality is confused
with mental health?
♪♪
The Sixth Amendment
was ratified in 1791.
It's been 226 years since then.
Let's finally guarantee its
rights to all of our citizens.
♪♪
[ Indistinct conversations ]
Reporter #1: The word is
Ms. Keating won over
some of the
more moderate Justices.
Trying to predict what the Court
will decide is a fool's errand.
Reporter #2: Ms. Keating,
what is your response to critics
who say you are attacking
public defenders?
Tell them to see me
when they get
more time and money
to argue their cases.
Reporter #1: She did catch
Justice Strickland
in direct contradiction
of his previous ruling.
Justices are allowed to
evolve in their thinking.
In fact, I think that's called
wisdom. Next question.
Reporter #2:
Do you think you won in there?
Oh, win or lose, I'd like to
give a shout-out to my team,
and that includes my named
plaintiff, Nathaniel Lahey.
I hope that this
is a first step
in getting him the fair
and proper defense
that he never received
during his 33 years in jail.
Dad, I'd like you to
meet Annalise's parents.
It's a pleasure
to meet you, Mr. Lahey.
You're a...
very brave man, sir.
Not half as brave
as your daughter.
Well, thank you.
Annalise: I had a great team
of smart people
that helped me
get this case heard --
several of my former
law students,
Connor Walsh in particular,
as well as members
of the Grant Institute
that really pushed the Court
to hear this case.
And that includes someone
that you all know --
Olivia Pope.
Did you know Ms. Pope
before working together
-on the class action?
-Do you see the two of you
working together
in the future?
Frank: Hey.
Yeah, there no money
in Wes' account.
What about a Swiss bank account
or something?
Tell Laurel already,
Frank.
♪♪
Frank:
Come on, Barbie.
Mommy said you took the money,
so where's your hiding spot?
♪♪
♪♪
♪♪
Frank, if this is some
sort of relationship talk,
I'm too tired.
Laurel. Your mom's
been lying to you.
Sandrine: You're having
legal trouble.
Wallace Mahoney
was killed.
Wes: Not sure what that
has to do with me.
But you've had other troubles
with the police, no?
Okay, I'm telling
Laurel about this.
Okay. I'll tell her.
[ Beep ]
That was President Grant.
He said the Justices might
be swinging in our favor.
I'll believe it when
I see it in writing.
Smart.
Now, when you get home,
I've set a meeting with
the Pennsylvania Bar Review.
They're gonna do
a profile on you.
No.
You say yes to every interview,
no to every book offer.
You're done, okay?
You don't have to
handle me anymore.
We did good.
Yeah.
[ Chuckles ] Take care
of yourself, Annalise.
[ Cellphone rings ]
Bonnie. I was just
about to call you.
Annalise,
I'm so sorry to do this,
but I'm at the hospital.
Is it Isaac?
No.
It's Simon.
He's awake.
♪♪
♪♪
♪♪
♪♪
With Murder"...
I'm Jacqueline Roa,
Isaac's ex-wife.
Your situation
is triggering him.
Did you give Stella
those drugs?
Jacqueline, this is
Annalise Keating!
I swear to God,
put the phone down!
Ask him about Stella.
How'd you know
Christophe?
[ Buzzer sounds ]
Get the hell out of here!
You have more than
enough plaintiffs.
I want to make him
my face case!
-He's in.
-There's no chance in hell
the Supreme Court is
going to hear this case!
-You just need to ask for help!
-Olivia Pope?
Annalise:
The Department of Justice
recommends a maximum
of 150 cases at a time,
but the PD's in Pennsylvania
carry a load of over 200.
This is an issue for the
state legislature, Ms. Keating.
Public defenders need to
demand better funding.
But the money isn't there,
thus leading to long-term,
systematic violations
of the Sixth Amendment.
But the justices in Pennsylvania
wrote that forcing counties
to provide more funding violates
the separation of powers.
In Johnson v. Zerbst,
this Court established
Sixth Amendment violations,
not as a states' issue
or federal issue,
but a human-rights issue.
Believe me, Noah,
I am thrilled
for any chance
to argue a case
in front of our nation's
greatest court.
You've won four cases
there before.
Because I study the Court
and its nuances,
and the only reason they agreed
to even hear this case
is because Ms. Keating has
made friends with some
very influential people.
You're referring to
President Fitzgerald Grant?
Amongst others.
I can't believe that
you're on a first-name
basis with Olivia Pope.
I know her name.
I doubt she remembers mine.
Look, I'm just saying we all
have enough to feel guilty about
without you adding that
to the pile.
What does that mean?
"We all have enough
to feel guilty about"?
Simon, Wes,
all the murder.
[ Sighs ] Look.
It's nice that you feel bad
about stealing the case
from Connor,
but it was your idea
to on-board the Pope.
And besides, what were
you supposed to do?
Tell AK to send Connor
to D.C. instead of you?
I mean, what kind of lean-out
crap would that be? Hmm?
Of course
you get to be mad.
Class action was never about me.
It's about the plaintiffs.
Well, then, prove it and come
to D.C. with the rest of us.
I have to beg the dean
to let me re-enroll.
This is a once-in-a-lifetime
opportunity to watch Annalise
yell at a bunch
of old white dudes!
And we could
check out the monuments
and go look for closet cases
on the Hill.
Okay, fine. I'll go.
Yay!
Field trip! Mwah!
-[ Laughs ]
-Yay.
Annalise: These
Sixth Amendment violations
are a form of
disenfranchisement,
primarily affecting
people of color.
Are you implying that
the Commonwealth intended
its denial of state funding to
have a racially biased effect?
I'm not implying it.
I'm flat-out stating it.
6.5% of Americans
are black men,
and yet they account for 40%
of the prison population.
Stop. You list those
statistics in your brief.
Refer the Justices there
so you don't waste a second
of your 30 minutes.
I can't say it enough --
every word matters.
[ Cellphone ringing ]
Annalise!
Oh, sorry.
I thought they stopped
the investigation into Isaac.
Bonnie: They did.
Then why can't we get
his testimony reinstated?
[ Sighs ] Isaac isn't
a reliable expert anymore.
-Why not?
-That's all I can tell you.
But even if our states
could find
more funding
for public defenders,
what about using that money
for our schools?
Or housing
for the homeless?
What about the millions
of children in the
foster-care system that
are wards of the state?
I'm sorry you're
not there with her.
Or women who depend
on state funds
to escape
battered housing.
And let's not forget --
my opposing counsel was just
a criminal defendant herself.
Ms. Keating was cleared
of all charges.
In fact, she says that it was
her own experience in jail
that inspired
this class action.
Well, I would make up
that story, too,
if I were in her shoes.
Look what just came.
Ohh. Is he trying
to win you back?
It's for you.
...agree that it's beneficial
to rid our prisons
of people
who don't deserve...
...draw the line
between guilty...
Hmm. You should hide that before
I find a way to shotgun it.
Explain to me how
someone who was just fired
from teaching the law
can be entrusted to change it.
It's ludicrous.
She's trying to
get in your head.
I've heard worse.
And then,
there is Olivia Pope,
a woman well known for
finding ways around the law,
not protecting it.
So my concern is that
these two women,
claiming to fight
for the poor,
might actually
just be using this case
to distract us from
their own criminal acts.
Let's not go
below the belt.
Uh, talk to me about
some of your --
[ Remote clicks ]
It's kill or be killed.
You do know that.
I know it,
and I look forward to it.
Let's get back to work.
[ Door opens ]
[ Door closes ]
Nate: I got something good
to tell you for once.
There's no such thing
as good in here.
Annalise appealed
the state's decision,
and the Supreme Court
agreed to hear your case.
That means she needs you
at the table with her.
No way the warden's gonna
approve me leaving here.
He already approved it.
You're going to
the Supreme Court.
♪♪
♪♪
[ Cellphone ringing ]
[ Ringing stops ]
[ Cellphone clicking ]
Jacqueline won't stop
calling me.
-Okay.
-No, it's not okay.
Have you heard anything?
Denver's not gonna
re-open Isaac's case.
How are you feeling?
Fine.
You're allowed to be
a little nervous.
I'm not nervous.
I just want to win.
You're going to.
Did you invite your mom?
Bonnie, she'd pee herself
right in the middle
of the Supreme Court.
You think that's what
I want to be worrying about
at the podium?
♪♪
♪♪
♪♪
♪♪
♪♪
Olivia: Good news.
Ingrid Egan's interview
had the opposite effect
of what she intended.
So now the ACLU, the NAACP,
and Public Counsel
are all offering
to come on board.
No.
These are attorneys
who have argued
and won many cases
in this Court.
Then, how come I'm the
one that got the case
this far and not them?
♪♪
Anna Mae Harkness.
Born in Memphis in 1967.
Attended junior college for
two years, then university,
then law school,
where she was one of
just 20 women in her class
and one of only two black
students in the entire school.
And in alumnae interview,
she's quoted as saying
a career goal
was to argue a case
before the United States
Supreme Court.
And win.
And win.
What the hell
are you saying?
If you lose this case,
it'll set criminal-justice
reform back decades.
You don't think
I know that?
Then think about
accepting some help.
That's all I'm suggesting.
Where are you going?
Take a moment.
Soak in the glory.
God knows it won't be
like this on game day.
♪♪
♪♪
♪♪
♪♪
♪♪
[ Cellphone clicking ]
♪♪
[ Ringing ]
♪♪
[ Click ]
Mama.
It's Anna Mae.
What is the point
of having a burner phone
if you're just gonna
force me to meet you at work?
I talked to Laurel's mom.
What?
I showed her the photo, and
she just started talking --
about how Laurel
called her last year,
told her she was in love
with this guy, Wes.
Don't tell me you
believe any of this.
I'm just telling you
what she told me,
which is that she had
Dominick set up a meeting
between her and the puppy
so she could pay him 100K
to stay away from Laurel.
That doesn't make sense.
Especially since
I can't find the money.
No.
Just look into Wes'
old bank account, see
if there's money there.
And when there's not?
You'll finally tell Laurel?
Okay.
I'll let you know
what I find.
♪♪
So, have we made
a decision?
I have.
I'm doing it.
On my own.
Good.
I'm not in the mood
to make new friends.
Unfortunately, it appears
our opposing counsel
is all about it.
What does that mean?
I got word Ingrid Egan
is trading information
with one of the Justices.
-Which Justice?
-We don't know.
I tasked Marcus and
Michaela to find out.
[ Knock on door ]
You expecting company?
Oh. My parents. Give me a second
to get rid of them.
[ Gasps ]
Diana Ross!
[ Laughs ]
I just mean that my baby
is singing
with the Supremes!
[ Laughter ]
Mac: They got you set up
in the fancy suite, huh?
I put myself
in this fancy suite.
Who's this?
Olivia Pope. I'm working with
your daughter on her case.
Wait a minute. What'd
you say your name was?
-Mama.
-I didn't ask you.
I asked her.
What's your name, baby?
Olivia Pope.
[ Laughs ] I'm just messing
with you. I know who you are.
Didn't I tell you, the lady
from the TV was gonna be here!
It's an honor to
meet you, Miss Pope.
The honor
is all mine, sir.
All right. I got you set up
in a room down the hall.
Just --
Let's get you settled.
Not before you get
some food in you.
I fixed some stew and
biscuits this morning.
Mama, we got work to do.
But you need fuel
for that work.
Get out the
Tupperware, Daddy.
Mac: Already on it.
♪♪
♪♪
Michaela,
this is a stakeout.
Two sets of eyes
are better than one.
Our opposing counsel isn't
stupid enough to have
a Supreme Court Justice
visit her house in
the middle of the day.
Are you calling
my plan stupid?
♪♪
[ Exhales sharply ]
I have a boyfriend,
Marcus.
-Asher. I know.
-I know you know.
Which is why I need
to make it clear
because I love Asher
very much,
even though you are obviously
charming and intelligent
and everything I ever
thought I wanted in a man.
-Okay.
-Good.
Oliver:
Every minute we wait,
traffic's only
getting worse, Asher.
-I'm moving my tush!
-Or we could just not go.
We already lost our tickets
to Annalise's parents, so --
We'll get tickets as long
as we get up at the crack
of dawn for the line.
Plus, I have the perfect thing
for us to do while we wait.
-Wedding planning.
-We're not having a wedding.
Uh, you are, too.
I witnessed the proposal.
We're getting married.
We're just not wasting
money on a DJ and bad cake.
That sounds like some
internalized homophobia to me.
[ Door opens ]
Laurel: Hey.
Sorry I'm late.
Laurel, tell Connor and Oliver
they need to have a wedding.
You need to have
a wedding.
See? It's the only thing giving
anyone any J-O-Y right now.
Can we please
debate this in the car?
95's already
really, really red.
Okay.
I tell you.
I've seen them everywhere.
Women, women everywhere.
The grocery stores,
doctor's office,
church, everywhere.
It's because cops keep
sending the men off to jail.
No wonder Anna Mae ran off
and married a white man.
-Okay. Lunch is over.
-[ Chuckles ]
I'm just saying, thank God
for both of you, mm?
This country's been broken
for damn near my whole life.
Huh?
I'm just grateful
to see somebody
who can possibly fix it.
Your daughter deserves
most of the credit
for this case,
Mrs. Harkness.
[ Knock on door]
And you deserve credit
for being smart enough
to team up with her.
What's wrong?
Is it your father?
They're driving him down
in the morning.
I just came to see
how you're feeling.
Nathaniel.
Miss Ophelia.
-How good to see you.
-So good to see you again, too.
Sir.
Oh, you know better than
to call me that, son.
Olivia,
Nathaniel Lahey.
You can call me Nate.
Nate Lahey?
Not the face-case guy.
I'm his son.
Our face case is your
ex-boyfriend's father?
And your ex-boyfriend
was the president, and you
don't hear me judging.
These people
we're up against,
they're looking for
anything to crucify us.
Us or me?
You heard that woman
on the news.
I am as much
a target here as you.
Is that why you asked me to
bring on those other lawyers?
-I left that decision to you.
-And I made it as I saw fit.
Now I'm going back inside.
To work or to eat
your mama's stew?
You're terrified, huh?
Having to rely on my messy ass
to save your reputation.
Your reputation.
And I don't understand
how inviting distraction
into your life
the day before the biggest case
of your career is a good idea.
That distraction
is my family.
What about your
plaintiffs' families?
You know what?
I let you do your thing, but
this is my world, my rules.
So stop worrying about
me being prepared.
I am worried.
About me losing or
it reflecting badly on you?
Both.
You know, this isn't about
a bucket list
or saving my reputation.
It's about knowing that I've
done something that matters.
And I know that
you want it, too,
because I can
see it in you.
That's why I asked
my family to be here
and why I asked you
to be here.
Because winning this case
will matter to me like...
[Scoffs]
...nothing in my life
ever has.
So stop worrying about me.
Stop handling me
and let me do my job
the best way I know how.
Okay.
[ Kid Cudi's
"Swim in the Light" plays ]
♪♪
♪ You could try
and numb the pain ♪
[ Cellphone dings ]
♪ But it'll never
g-o-o-o away ♪
What's Asher saying?
They're almost here.
Go. You can meet them.
I can do this solo.
[ Sighs ]
♪ G-o-o-o away ♪
What's wrong with you,
Marcus?
Huh?
Are you an egomaniac?
Do you wear sock with sandals?
Or is it a micropenis?
Because it makes no sense
why you don't have someone.
[ Sighs ]
Or maybe you do and
you just haven't told me.
♪ Smarter, stronger ♪
♪ Mm-mmm ♪
There was someone,
but she had a chance to do
something great without me.
And I couldn't
hold her back from that.
♪ Make it through ♪
♪ What is to do ♪
♪ Now out the way ♪
I hate you so much.
♪ You could try
and numb the pain ♪
♪ But it'll never
g-o-o-o away ♪
♪ You could try
and numb the pain ♪
♪ But it'll never
g-o-o-o away ♪
[ Alarm beeping ]
[ Gil Scott-Heron's
"Me and the Devil" plays ]
♪♪
Nate: The guards will bring
you in before court starts.
It'll be crowded --
full gallery.
Plus all the Justices
and the clerks and...
You say that like you think
I'm gonna flip out in there.
I just want you
to be prepared.
I've sit quiet for 30 years.
I got this.
Okay.
No good?
♪ Early this morning ♪
♪ When you knocked
upon my door ♪
♪ Early this morning ♪
♪ When you knocked
upon my door ♪
♪ And I say, "Hello, Satan ♪
♪ I believe it's time to go" ♪
Can't believe they let you
bring a blade around me.
Just hold still.
[ Chuckles ]
♪ Me and the devil ♪
♪ Walkin' side by side ♪
♪♪
Tell me you slept better
than I did last night.
Sleep's overrated.
♪ Until I get satisfied ♪
♪♪
♪ Me and the devil ♪
♪ Walkin' side by side ♪
Michaela!
Over here!
You made it.
Yeah.
Did you get my text?
Uh, my phone died.
How come you didn't come
to the hotel last night?
I stayed up all night
with Annalise helping
her prep. It was crazy.
Everyone,
this is Marcus --
Walker. Yeah.
Former press secretaries
need no introduction.
Asher Millstone,
part-time law student,
full-time
Michaela's boo.
I hear you guys
need tickets.
Let me check
with the guard.
I'll come with,
in case you need backup.
Michaela, please
tell me you didn't.
-She totally did.
-I didn't.
-Didn't what?
-Bang the press secretary.
What?!
Former press secretary.
And I didn't.
Okay, I did, but it was
a one-time mistake.
It meant nothing. Please don't
tell Asher. It'll destroy him.
Destroy him like you destroyed
me when you stole this case?
Hey, guys.
Main gallery.
Marcus Walker
is the man!
Boo-yah!
-Pizza guy.
-What?
The pizza delivery guy
is with Justice Strickland.
Strickland's
working with Ingrid.
Oh, my God.
Let's have each of you sign
the Supreme Court guest book.
Your signatures will join
the likes of Thurgood Marshall,
F. Lee Bailey,
and Ruth Bader Ginsburg.
Ms. Egan.
Let Ms. Keating
go first.
She's never
done this before.
Clerk: Right here.
♪♪
♪♪
She has no idea
what she's in for.
[ Cellphone beeps ]
It's Marcus.
I'll be right back.
-Something wrong?
-No. Do your thing.
You didn't tell me
you saw a pizza guy.
What do you think
was in the box?
Strickland's
prep questions.
He's a hard-line
conservative.
He wants to help Ingrid
any way he can.
So Annalise is screwed.
[ Laughter ]
[ Indistinct conversation ]
[ Cellphone ringing ]
♪♪
-Hello?
-Annalise.
It's Jacqueline.
I guess I should have
blocked my number days ago.
Um, I've been out of town.
You're in D.C.
I know.
Which is why this
isn't a good time.
Isaac overdosed,
Annalise.
The police found him
in his car three days ago.
Is he dead?
No. But his kidneys
are failing.
Do you get why I told you
to stay away now?
This wasn't my fault.
Telling me about Stella
is what sent him to
this place, Annalise.
You needed to know.
I already knew.
But now look what you did.
You ruined him, just like you
ruin everyone in your life.
[ Beep ]
♪♪
Isaac: I haven't felt
this bad since Stella died.
Annalise: I'm with Isaac
and he's relapsed
That's because of you.
-His kidneys are failing.
-Ask him about Stella.
Isaac: You really think
I'd be in this position
if it weren't for you?
Jacqueline: Look what you did.
You ruined him...
Annalise:
This wasn't my fault.
Jacqueline: ...just like you
ruin everyone in your life.
Isaac: And here I am. I'm just
sucked into your life!
Your boss had you personally
deliver ex facto communications
to Ingrid Egan the night
before oral arguments.
You have no proof of that.
I have a photo of you
in a pizza uniform.
You're bluffing.
I'm Olivia Pope, Kevin.
I don't bluff.
Get me in to see
Justice Strickland.
[ Cellphone beeping ]
Get back here, Kevin!
[ Cellphone beeping ]
What is it?
This is because
of Strickland.
I didn't get a chance
to tell her. I just walked
in, and she was like this.
♪♪
You okay?
I can't do this.
Of course you can.
You have to.
Annalise, no one else
can do this but you.
No. I can't. All right?
It's you.
You have to do this.
Please.
No.
No one knows the case
as good as you.
I don't have standing
with the Court, Annalise.
That's only you.
-Mnh.
-So you need to talk to me.
What do you need to walk
into that courtroom?
Because that needs
to happen now.
So tell me what you need,
and I will get it for you.
Vodka.
Okay.
Go to Marcus.
Tell him to find vodka.
She's an alcoholic. She'll
get disbarred if she drinks --
-I know.
-That's just in normal court.
-This is the Supreme Court.
-Michaela.
Marcus. Vodka. Go.
[ Breathing shakily ]
[ Door closes ]
♪♪
♪♪
I need you.
♪♪
Something's wrong.
Olivia, what if I fail?
Then you fail.
No, I can't. I can't.
I can't let these people down.
Stop thinking
about those people.
You said it yourself.
You're not doing this
for them --
for Nate, his father,
your mother, me.
You're doing this
for you.
You're doing this
for you.
And for that little girl who
clawed her way out of Memphis
after always being told
she wasn't good enough.
Three minutes.
The countdown isn't making
anyone feel better, Oli.
Oh, God.
[ Exhales sharply ]
I can't believe I'm a grown-ass
woman asking for help.
Well, you're a terrified
grown-ass woman.
[ Both laugh ]
And I get that.
What you're about to do
is terrifying.
I'm terrified for you.
But, Annalise,
this case chose you.
So you need to pick yourself
off of this floor
and walk into
that courtroom.
Not for anybody else
but for you.
Michaela: Here. Vodka.
We just don't have a cup.
We only have
about two minutes.
Get out.
-But --
-You're not helping. Leave.
♪♪
Whatever it is you think is in
this bottle is already in you.
I know that, but I don't have
time to convince you of that.
So if you think you
need to drink, drink.
♪♪
♪♪
Okay.
Okay.
-Okay.
-Okay.
Okay.
-Ready.
-Okay.
Let's go.
-1 minute, 45 seconds.
-Stop, Oliver.
Oh, here she comes.
Woman: Is that him?
[ Spectators murmur ]
♪♪
Okay, this may not be the
best time to tell you this,
but Strickland's the
Justice who's been
feeding Ingrid information.
You need to be ready
for him to gun for you.
Anna Mae!
Listen. You gotta eat
something, baby.
You can't be keeling over
during a debate contest.
-Please.
-Having a bit of an episode.
Mama, we ate breakfast.
Remember?
Just a sip. Just a little sip.
Just -- Just --
Okay, okay.
Mrs. Harkness.
How about I eat with you, and
Anna Mae can go to her debate?
No.
Yes. Anna Mae --
-Ophelia, let Anna Mae go.
-I said --
-Ohh!
-[ Gasps ]
-Annalise, go inside. Go.
-I'm sorry.
It's okay. It's okay,
Mrs. Harkness.
-I'm sorry.
-It's just...
29, 28, 27, 26...
[ Door opens ]
There she is.
♪♪
Thought maybe
I'd scared you off.
Not possible.
[ Gavel bangs ]
Marshal of the Court:
The Honorable Chief Justice
and the Associate Justices
of the Supreme Court
of the United States.
Oyez! Oyez! Oyez!
All persons having business
before the Honorable,
the 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.
♪♪
Mr. Chief Justice and
may it please the Court...
Until my client,
Mr. Nathaniel Lahey,
was 9 years old,
it was illegal for him to sit
at a white-only counter.
That changed when
Brown v. Board of Education
ended segregation.
Until he was 18, he had no right
to free legal counsel.
Gideon v. Wainwright
ended that.
At 20, Miranda v. Arizona
stopped the police
from being able to arrest him
without informing him
of his right to an attorney.
With each of these
landmark decisions,
this Court helped Mr. Lahey
get closer to the equality
that our constitution promises
every citizen in this country.
But he's still not there.
He's still not equal.
Instead, he's the victim
of a broken system.
-A victim?!
-Yes, victim, Your Honor.
Of repeated instances
of Sixth Amendment violations.
Your client is a confessed
murderer, Ms. Keating.
Justice Strickland, my client
was never informed of his right
to appeal the sentence
after his first conviction.
That's how ineffective
his counsel was.
This is a version of the
story coming from him?
Every one of
the 15 public defenders
that he has had represent him
told him to plead guilty.
You're saying that
he was not guilty
of any of these crimes?
Thank you.
Without properly funded
counsel,
he received sentences longer
than the average man.
And these years in prison
included solitary confinement,
which resulted
in mental-health issues
that led to the tragic events
of this murder.
But you just said that
your client was the victim.
The victim of underfunded
public defense system.
Don't interrupt me.
Ophelia: I'm so sorry.
Really I am.
I'm fine. Mrs. Harkness, you
need to go watch Anna Mae.
Anna Mae doesn't need her mama
right now. She needs you.
No, I think she'll be fine
all on her own.
Stop yapping and go sit --
sit your butt down.
The only victim in this case
is Gerald Reinhoff,
the man that your client
beat to death in cold blood.
We are not here
to try a murder,
but to understand the events
that led up to this murder.
But of all the plaintiffs
that you could've brought us,
you're asking us
to feel for a killer?
A man the system
made into a killer.
I said don't interrupt.
Justice Strickland:
Now, what is apparent to me
and to several of
my fellow Justices...
Let's not speak
for the rest of us.
...is that this
is a money issue,
one that the legislature
of Pennsylvania can decide.
Except this case is not only
about money, Your Honor.
It's about race.
You're just like
Anna Mae.
Always taking care of
everybody else but yourself.
Oh, I see it on the TV.
Sometimes, you're standing
next to the man president.
Then the lady president.
[ Chuckles ]
Fixin'.
Fixin', fixin', fixin'.
Sometimes that doesn't leave you
any time for yourself.
I know this.
Because I was you.
I mean, not hanging
with no presidents
or anything like that.
Just...
people needed me.
People needed me.
That's for sure.
Sometimes, I think
this whole country
would just fall apart...
if we weren't around to...
clean up all the mess.
Only, this time...
...I made the mess.
Hmm? Mnh.
You were just
being a good mom.
One in three black men
will go to prison
versus one in 17
white men.
Either you are arguing
that your plaintiffs
are getting
ineffective counsel
because of poor funding
or because of their race.
-Which is it?
-Both.
Not all of your plaintiffs
are people of color.
My sample of plaintiffs
matches a racial breakdown
of incarceration.
40% of my plaintiffs are black.
20% are Latino.
If you want us to
consider race here,
it would have to be
the determining factor.
It's one of many factors.
But is it the
determining factor?
Either it is
or it isn't.
♪♪
Yes.
Race is the
determining factor.
Oh.
You did not file
this class action
on the grounds
of discrimination,
so we cannot consider race
in our decision.
I disagree.
This bench must
consider the validity
of Ms. Keating's equal
protection argument.
Chief Justice Montgomery: The
impact of a ruling based on race
would have adverse
procedural implications.
That was the argument
in Brown v. Board.
Segregation was designed
to discriminate.
Can't say the same thing...
Olivia: Don't lose a second
of your 30 minutes.
Every word matters.
...Court decided the effects
of racism were so...
So let us listen
to Ms. Keating.
Justice Strickland:
Let me say this again.
Race is not a variable
in this case.
Your Honor, I'd like to use
the remainder of my time
to prepare my rebuttal.
Chief Justice Montgomery: The
request for rebuttal is granted.
Mr. Chief Justice
and may it please the Court,
Ms. Keating has pulled
a bait-and-switch on this Court.
The minute she made race
the determining factor,
she took it out of the
purview of this trial...
Go to the library and
look up this ruling.
-Okay.
-Michaela.
We lose without it.
Ingrid: ...race but
on the expertise of
the individual attorney.
In Washington v. Davis,
your predecessors decided
that even if a law has
a discriminatory effect,
it is unconstitutional...
You did your best.
if that was not
its intended purpose.
If that is the precedent that
Ms. Keating wants to challenge,
then that case
needed to be built
and argued in the
state appellate courts.
Bryant v. Topeka.
Topeka means Kansas,
which means it has to be
in the 10th circuit.
So I'll start with
the indexes from '82.
You start with '87, and we'll
meet somewhere in the middle.
Why are you looking
at me like that?
Your brain. It's hot.
Focus.
Justice Spivey:
Washington v. Davis was
decided on a technical issue
of the lower courts
for not applying
appropriate legal standards.
Ingrid: While Ms. Keating's
statistics make it clear
that our judicial system
should be reformed,
that is not the duty
of this Court today.
Ms. Keating, we'll now hear
your rebuttal arguments.
♪♪
♪♪
"As an arbiter of the law,
with whole knowledge
of historical jurisprudence
in this country,
race must always be
considered a variable."
You have precious time,
Ms. Keating.
I suggest that
you don't waste it
by making arguments
you've already made.
These are not my words,
Justice Strickland.
They're yours.
You wrote them in your
1985 ruling in Bryant v. Topeka,
an equal protection case
dealing with a state-housing
lottery program.
♪♪
Racism is built
into the DNA of America.
And as long as
we turn a blind eye
to the pain of those suffering
under its oppression,
we will never escape
those origins.
The only safeguard
people of color have
is the right to a defense,
and we won't even
give them that.
Which means that the promise
of civil rights
has never been fulfilled.
Due to the failure
of our justice system,
our public defense system
in particular,
Jim Crow is alive and kicking --
laws that made it illegal
for blacks and whites
to be buried
in the same cemetery,
that categorized people
into quadroon and octaroons,
that punished a black person
for seeking medical attention
in a white hospital.
Some may claim
that slavery has ended.
But tell that to the inmates
who are kept in cages
and told that they don't have
any rights at all.
People like my client,
Nathaniel Lahey,
and millions of people like him
who are relegated to
a subclass of human existence
in our prisons.
There is no alternative
to justice in this case.
There is no other option.
To decide against my plaintiff
is to choose lining the pockets
of prison owners
over providing basic defense
for the people who live in them.
And is that the America
that this Court
really wants to live in?
Where money is more important
than humanity?
Where criminality is confused
with mental health?
♪♪
The Sixth Amendment
was ratified in 1791.
It's been 226 years since then.
Let's finally guarantee its
rights to all of our citizens.
♪♪
[ Indistinct conversations ]
Reporter #1: The word is
Ms. Keating won over
some of the
more moderate Justices.
Trying to predict what the Court
will decide is a fool's errand.
Reporter #2: Ms. Keating,
what is your response to critics
who say you are attacking
public defenders?
Tell them to see me
when they get
more time and money
to argue their cases.
Reporter #1: She did catch
Justice Strickland
in direct contradiction
of his previous ruling.
Justices are allowed to
evolve in their thinking.
In fact, I think that's called
wisdom. Next question.
Reporter #2:
Do you think you won in there?
Oh, win or lose, I'd like to
give a shout-out to my team,
and that includes my named
plaintiff, Nathaniel Lahey.
I hope that this
is a first step
in getting him the fair
and proper defense
that he never received
during his 33 years in jail.
Dad, I'd like you to
meet Annalise's parents.
It's a pleasure
to meet you, Mr. Lahey.
You're a...
very brave man, sir.
Not half as brave
as your daughter.
Well, thank you.
Annalise: I had a great team
of smart people
that helped me
get this case heard --
several of my former
law students,
Connor Walsh in particular,
as well as members
of the Grant Institute
that really pushed the Court
to hear this case.
And that includes someone
that you all know --
Olivia Pope.
Did you know Ms. Pope
before working together
-on the class action?
-Do you see the two of you
working together
in the future?
Frank: Hey.
Yeah, there no money
in Wes' account.
What about a Swiss bank account
or something?
Tell Laurel already,
Frank.
♪♪
Frank:
Come on, Barbie.
Mommy said you took the money,
so where's your hiding spot?
♪♪
♪♪
♪♪
Frank, if this is some
sort of relationship talk,
I'm too tired.
Laurel. Your mom's
been lying to you.
Sandrine: You're having
legal trouble.
Wallace Mahoney
was killed.
Wes: Not sure what that
has to do with me.
But you've had other troubles
with the police, no?
Okay, I'm telling
Laurel about this.
Okay. I'll tell her.
[ Beep ]
That was President Grant.
He said the Justices might
be swinging in our favor.
I'll believe it when
I see it in writing.
Smart.
Now, when you get home,
I've set a meeting with
the Pennsylvania Bar Review.
They're gonna do
a profile on you.
No.
You say yes to every interview,
no to every book offer.
You're done, okay?
You don't have to
handle me anymore.
We did good.
Yeah.
[ Chuckles ] Take care
of yourself, Annalise.
[ Cellphone rings ]
Bonnie. I was just
about to call you.
Annalise,
I'm so sorry to do this,
but I'm at the hospital.
Is it Isaac?
No.
It's Simon.
He's awake.
♪♪
♪♪
♪♪
♪♪