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Previously on The Practice.
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First of all, what's going on?
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Are you leaving? I'm done.
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Retiring. You're retiring?
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I can't make the rent.
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I'm being evicted.
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All set?
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I want to start my own practice.
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Start a new practice in this room? I can
take little collection cases, contract
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disputes, fight parking tickets. I can
even be my own secretary.
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Don't you like it?
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Well, yes.
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But usually the personal stuff is left
off the door.
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I'll take it off eventually. But I want
the people who hire me to get the idea.
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I'm not going to be here late or on call
at home. When they see Mother, it makes
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a point.
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If I pick him up after Dr. Ash, that
will give me time to go straight.
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Mommy, look.
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I think it's a client.
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That could be my first client.
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Why else would she be sitting there?
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Do you think she's a client?
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Why don't you ask her?
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Excuse me.
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You're here to see... Lindsay Dole,
attorney at law, mother.
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That's me.
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How did you hear of me? Well, I came to
see Pat McGee, but he's not here. And I
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saw the door and I figured I'd just see
whatever lawyer.
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But actually, I think I have heard of
you.
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Aren't you the lady who shot somebody?
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I did.
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But I beat it.
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Technicality.
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Come on in.
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Okay.
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Um, wasn't a client you shot, right? No.
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It doesn't concern you. It concerns the
firm, which concerns me, Eugene.
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What's going on?
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Tell him.
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A client came in last night. I took the
case. Jimmy doesn't like it. The client
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does stem cell research.
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It's an abatement proceeding. What's the
big deal?
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The big deal is, it's a political hot
button that this firm doesn't need. And
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think it should have been discussed.
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Oh, come on. Don't hide behind that. Why
don't you just say it? You don't like
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the research. It isn't that.
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A political hot button? When have we
ever shied away from a case? This office
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was bombed before, Eleanor. Yes, by a
client that we defended on murder
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Does that mean we should shy away from
all homicide cases?
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All right.
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Eugene.
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The city rezoned to basically put the
center out of business. It's all
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And, I guess now, religion.
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It isn't that.
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Look, we're all in agreement that we
face some public relations obstacles.
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We're still getting hate mail over
Lindsay. Lindsay doesn't work here
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But people don't really know that.
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Come on, I'm not being unreasonable.
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This could explode in our faces. And I
think we should have discussed it. There
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wasn't time.
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And with all due respect, Jimmy, last
time I checked the door, you weren't
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listed as a partner.
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Fine.
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We're doing it at 9 o 'clock. I'll let
you know. Come on.
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Three lawyers?
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Yes. You want to come? That'll make
three and a half.
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Hey, you know what, Jimmy?
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You provoked that.
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My only beef.
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I think the firm should have discussed
it first.
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This is going to blow up in our faces.
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That's it?
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Just singing?
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Well, I sing loud.
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I have a big diaphragm. Jesus Christ, my
Savior, gave me a booming voice and a
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big heart, and I try to use both.
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Okay. And your neighbor, is there bad
blood? No, he's a nice man.
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He just doesn't care for my singing,
which is his right.
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I know it's a free country to each his
own, but in the spirit of that
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I should be able to sing, right? Well,
if he's bringing a nuisance action, he's
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basically saying that you're interfering
with the quiet enjoyment of his home.
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Oh, that's hooey.
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He's a loud man himself. He doesn't
enjoy anything quiet.
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You should hear him watching the
Patriots. That's my goal, by the way.
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To one day sing the national anthem at a
Patriots game.
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Okay. Well, there's a hearing scheduled
for 2 o 'clock.
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Let's see how we do.
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Okay.
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I have a very good feel about you.
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I can tell you are one person.
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Thank you.
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Look, whenever a zoning ordinance is
passed, somebody invariably gets put out
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business. That is not an uncommon
result.
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It is certainly uncommon for the city to
sprint off the court to enforce that
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ordinance. Any impact on my client is
hardly incidental. That ordinance was
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passed for the express purpose of
closing the doors... Were you in the
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Young? I didn't have to be, Mr. Davies.
The doors are as transparent as the
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motive. Mr.
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Young is claiming the city lacks the
authority to rezone districts. I am not
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claiming that. I am saying this
ordinance was arbitrary. It was
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bad faith. It is politics, and contrary
to what Mr. Davies...
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Counsel, I apologize.
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Your Honor, I call your attention to
Blankenship v.
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Machalski, recently decided in 1957.
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The city of Palo Alto rezoned its
permitted youth zones for the purpose of
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closing down a pharmacy.
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The court struck down the ordinance as
arbitrary and invalid. It's decidedly on
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point. I reiterate, every time a city
zones or rezones, somebody claims foul.
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Don't insult me, Mr. Davies. The zoning
board burns the midnight oil to push
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this through.
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They then dispatch Top Gun to get
injunctive relief.
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The victim here is a facility that just
happens to do stem cell research.
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Do you really mean to tell me they're
not a target?
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Even if the ordinance was designed to
impact the facility, and I make no such
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confession.
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I maintain the action was neither
arbitrary nor capricious.
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I want to see the chairman of the zoning
board in the witness chair.
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I beg your pardon? The motive of the
board is very much in play here, Mr.
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Davies, and from where I sit, this
ordinance smells like a dead, decaying
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Get the chairman in the hot seat or you
won't like my ruling.
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1957? It was on point. Yes, decidedly.
We all heard. Never mind. Look.
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The good news is, obviously, the judge
seems with us. The bad news, by calling
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an evidentiary hearing, this thing is
headed for a debate on the merits, which
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means you could be testified.
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Fine. Not so fine.
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No offense, but in my experience,
scientists make for lousy witnesses.
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I need somebody to exude passion. I can
do that.
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All the same, I need somebody... Eugene,
I have diabetes.
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Both my father and grandfather died of
Alzheimer's.
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Don't worry about passion.
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Press is calling.
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Word's already out.
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Great. What, suddenly we're afraid of
the media?
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Our Judge Fox is a registered
Republican.
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Did we know that?
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So? So, given the administration's
policy against stem cell research, she
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not favor us as much as we thought.
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Actually, President Bush very quietly
shifted his policy on that. They issued
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clarification which allows for private
funding.
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That's not exactly true.
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There's one other danger.
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This case hits all of the abortion
buttons.
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Gee. And since Roe v. Wade is
vulnerable, which Fox also knows, I'm
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about Davies turning this into a
referendum. I'm sure they're the ones
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tipped off the press.
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Why is Roe v. Wade vulnerable?
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Hello, have you glanced at the Supreme
Court lately?
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Rehnquist, Scalia, Thomas, Kennedy, even
Sandra Day O 'Connor. This court could
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overturn Roe in the blink of an eye.
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Um, actually...
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That's not necessarily true.
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If you look at Planned Parenthood versus
Casey Desai in 92, you'll see Kennedy,
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O 'Connor, and Souter all supported Roe.
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Wrong. We lose one justice, we lose Roe
versus Wade. Look, you don't want to get
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into Roe versus Wade. This case is much
simpler than that. It deals with the
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authority of a zoning board, period, and
that's where your focus is.
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Killing embryos is simple to you? Hey,
Jimmy, do us a favor. Don't come at me.
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don't like the hostility. Come on, guys.
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I can't comment on the merits of a case
now? No, you can comment as a lawyer.
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I'd even appreciate that. But I don't
need you flapping your Catholic
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Hey, you guys. Hey, if I ever said to
you, stop flapping your black wings,
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jump out at me.
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Hey, let me tell you something.
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The fact that I don't like stem cell
research, it goes to humanity, not
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religion. But since you bring it up... I
don't apologize for being Catholic. And
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I'm sick and tired of you and everyone
else declaring war on Catholicism just
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because... I haven't declared war on
anything. Yes, you have.
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Because of a few bad priests.
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Yes, you have. And I'm sick... All
right, that's enough.
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Both of you.
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You focus on the case. You stay away
from them.
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I didn't provoke that one.
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Donna Young -Dole in front.
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Oh, I'm sorry, you've got the wrong
number. Everyone makes that mistake.
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I believe the number you're looking for
is 557 -RUN -A -ROD -UP -YOUR -RECTUM.
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Bye.
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I don't mean to criticize your work.
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They were looking for the lawyer
defending the fetus factory, Rebecca.
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I see. Well, as long as you don't
inflame them.
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These people are already on fire,
Rebecca.
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These people?
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Jimmy?
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You support what this laboratory is
doing, Rebecca?
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Really? Look at our client base.
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How many engaging activities we support.
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That doesn't fly.
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Here, we're enabling the activity.
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I love music, and I'm very fond of
Maxine.
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She knows this. She's a good person, but
I just can't take it. Take what, Mr.
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Emerson? The singing.
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Every morning, 8 .15, and it's the same
song, one moment in time. She
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bellows it.
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My walls practically shake.
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Is this really such a problem?
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You know, I said the same thing to
myself at first.
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Just a few minutes.
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What's the big deal?
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And it's not like she has a bad voice.
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But, well, when I bought this condo, it
was mine, you know?
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And a person looks to realize a few
dreams when he becomes a property owner.
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Know what I mean, Judge?
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I'm sure I do, but I never tire of
hearing it said aloud.
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My dream was a cup of coffee and a
morning paper.
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quiet cup of coffee in my very own
dominion as I sit and read the sports
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section. I don't get this.
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I get one moment in time every single
day.
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Did you ever ask her to stop?
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Yes.
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She said she just had to sing it and it
had to be in the morning and it had to
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be loud.
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It was her way to get ready to face her
day.
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And I just couldn't take it anymore.
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So we took steps to stop it. So you
don't deny you rezoned this district to
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purposely put the Wayne Cell Technology
Institute out of business.
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We feel it poses a danger to the
community. It represents a magnet for
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possibly violent protests, even
religious terrorism. Because their
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involves stem cell research.
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Yes.
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00:12:42,580 --> 00:12:46,980
Abortion clinics have been attacked and
similarly rezoned because of safety
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concerns. We did the same thing.
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So this is all about safety?
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Yes. Protecting lives?
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Yes. Protecting human life?
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I know where you're going, and that
wasn't it.
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You're a member of the Republican Party,
Mr. Blaine.
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00:13:02,730 --> 00:13:05,030
Objection. This doesn't concern
politics.
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00:13:05,410 --> 00:13:09,050
Oh, it doesn't? The issue before this
court is whether the zoning board acted
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00:13:09,050 --> 00:13:11,150
capriciously. I agree.
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00:13:11,350 --> 00:13:12,510
The objection is sustained.
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00:13:13,680 --> 00:13:19,000
You say, sir, the Wayne Shell Technology
Institute might be a magnet for violent
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protests because of the type of research
it does.
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Correct. Has it ever been targeted, to
your knowledge?
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00:13:25,380 --> 00:13:27,500
No. Are we supposed to wait till it
happens?
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Ever received any threats?
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00:13:29,100 --> 00:13:33,400
I don't know where you've lived the last
year, Mr. Young, but things can blow up
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absent a threat these days.
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So we should just start zoning out any
possible target of violence. Is that
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position, sir?
239
00:13:40,360 --> 00:13:43,300
Our position is we should zone out this
particular facility.
240
00:13:43,980 --> 00:13:47,860
And it is located in the same district
as Mass General Hospital, is it not?
241
00:13:48,240 --> 00:13:53,220
Yes. Is it your feeling, sir, that if
Mass General began a program on stem
242
00:13:53,220 --> 00:13:55,420
research, that you'd zone it out of
business?
243
00:13:57,040 --> 00:13:58,720
No, that is not my feeling.
244
00:13:58,960 --> 00:13:59,960
Well, why not?
245
00:14:00,320 --> 00:14:04,440
Mass General is a world -renowned
hospital. It could become a high
246
00:14:04,440 --> 00:14:05,440
magnet for protest.
247
00:14:06,080 --> 00:14:10,980
I believe that people would weigh all
the public good Mass General does
248
00:14:10,980 --> 00:14:14,700
the controversy of the research and find
it to be a redeeming facility.
249
00:14:15,280 --> 00:14:20,400
Ah, and you don't think my client's
institute serves the public good?
250
00:14:22,280 --> 00:14:23,860
No, we don't.
251
00:14:24,420 --> 00:14:25,860
Thank you, Mr. Blaine.
252
00:14:30,600 --> 00:14:32,060
You want me to testify?
253
00:14:32,400 --> 00:14:35,800
Well, here's the thing. Right now, it
doesn't seem like a hardship for you not
254
00:14:35,800 --> 00:14:38,260
to be able to sing this song. Yes, it
is. Let me finish.
255
00:14:38,740 --> 00:14:44,080
Which means for us to win, we need you
to impress the judge with why it's so
256
00:14:44,080 --> 00:14:45,080
important to you.
257
00:14:45,300 --> 00:14:47,060
It's how I start my day.
258
00:14:47,280 --> 00:14:51,840
Yes, we have to make a strong case as to
why you need it to start your day.
259
00:14:52,260 --> 00:14:54,240
I can't make that showing, Maxine.
260
00:14:54,540 --> 00:14:58,940
It's why I hired you. No lawyer is going
to be able to convince a judge that a
261
00:14:58,940 --> 00:15:01,340
person needs to kick off her morning
with one fine day.
262
00:15:01,580 --> 00:15:02,960
One moment in time.
263
00:15:03,640 --> 00:15:05,280
I need you to speak from your heart.
264
00:15:05,580 --> 00:15:06,580
Can you do that?
265
00:15:07,400 --> 00:15:08,800
Jesus gave me a big heart.
266
00:15:09,220 --> 00:15:13,380
Yes, and I want you to use it, just like
you do your diaphragm. Tell that judge.
267
00:15:14,000 --> 00:15:15,180
Make us all feel it.
268
00:15:16,220 --> 00:15:17,520
Can you do that, Maxine?
269
00:15:19,140 --> 00:15:20,580
Yes, I can.
270
00:15:21,420 --> 00:15:22,420
I will.
271
00:15:32,079 --> 00:15:33,500
Good. You still here?
272
00:15:39,160 --> 00:15:40,160
Something's on your mind.
273
00:15:42,860 --> 00:15:43,860
Yeah.
274
00:15:45,180 --> 00:15:47,760
I don't know whether I'm your best
friend anymore, Eugene.
275
00:15:49,040 --> 00:15:50,700
But you're still pretty much mine.
276
00:15:51,380 --> 00:15:52,860
And I'm pretty much on it.
277
00:15:55,400 --> 00:15:56,520
I'm Catholic, Eugene.
278
00:15:57,260 --> 00:16:00,040
And your anti -Catholic remarks... Whoa,
whoa, whoa.
279
00:16:00,240 --> 00:16:02,040
I'm not anti -Catholic, Bobby.
280
00:16:02,460 --> 00:16:05,600
I am angry at the Catholic Church. I
think the Church should go the way of
281
00:16:05,600 --> 00:16:08,860
Enron. But I assure you, I am not anti
-Catholic.
282
00:16:10,100 --> 00:16:12,080
Look, I'm a Christian man.
283
00:16:12,960 --> 00:16:15,820
To tell you the truth, I don't know the
difference between my Protestant
284
00:16:15,820 --> 00:16:20,920
denomination and Catholicism other than
our hymns have a little more pep.
285
00:16:21,300 --> 00:16:22,300
Are you a Christian?
286
00:16:23,260 --> 00:16:24,260
Really?
287
00:16:26,280 --> 00:16:29,020
Now I feel a judgment, and I don't like
it.
288
00:16:29,780 --> 00:16:32,700
Eugene, I'm not a hugely religious guy.
289
00:16:34,640 --> 00:16:36,100
But I do believe in God.
290
00:16:37,700 --> 00:16:41,600
I believe man has a soul. You think I
don't? Maybe in theory.
291
00:16:42,560 --> 00:16:46,660
But what you live by, you believe in the
law.
292
00:16:47,180 --> 00:16:50,560
And you know what? It happens to most
criminal defense attorneys. What
293
00:16:50,760 --> 00:16:52,860
We free killers for a living.
294
00:16:53,650 --> 00:16:56,850
Rapists, people who sometimes go on to
rape and kill others.
295
00:16:57,310 --> 00:17:03,070
And the only way we live with ourselves
is to treat the law like a religion.
296
00:17:04,050 --> 00:17:05,050
That's what you do.
297
00:17:05,950 --> 00:17:11,910
And over time, it's making you angry.
298
00:17:15,910 --> 00:17:17,510
I think you got this void.
299
00:17:18,829 --> 00:17:19,829
Really?
300
00:17:20,190 --> 00:17:21,190
You're wrong.
301
00:17:21,609 --> 00:17:23,390
And I have a case I need to work on.
302
00:17:25,089 --> 00:17:27,829
Okay, look, I'm not in here to say go
get born again.
303
00:17:28,790 --> 00:17:35,630
But out of respect for me and Jimmy, lay
off the
304
00:17:35,630 --> 00:17:36,750
anti -Catholic rhetoric.
305
00:17:52,650 --> 00:17:55,850
First, my doctor tells me I got low self
-esteem on account of being obese.
306
00:17:56,390 --> 00:17:57,630
Then he says I'm depressed.
307
00:17:58,710 --> 00:18:05,370
He prescribed Prozac, then Zoloft, then
some bullet -sized fat pills I can't
308
00:18:05,370 --> 00:18:06,370
even pronounce.
309
00:18:06,490 --> 00:18:07,490
None of it worked.
310
00:18:07,930 --> 00:18:10,470
I got up every day and I felt the same.
311
00:18:10,790 --> 00:18:11,709
Which was?
312
00:18:11,710 --> 00:18:12,770
Like a donut.
313
00:18:13,210 --> 00:18:18,070
This big wad of soft dough with a giant
hole in the middle.
314
00:18:18,310 --> 00:18:20,370
I could barely get out of bed.
315
00:18:21,230 --> 00:18:26,270
And I'd drag my overweight, over
-medicated, fat self to work.
316
00:18:26,490 --> 00:18:32,350
And I'd stink at my job, which made me
more depressed, which made me eat more,
317
00:18:32,430 --> 00:18:35,210
which made me more fat, which made me
stink more.
318
00:18:36,250 --> 00:18:39,950
Until I found the song.
319
00:18:40,430 --> 00:18:41,430
The song.
320
00:18:41,570 --> 00:18:43,590
One moment in time.
321
00:18:44,490 --> 00:18:47,030
Whitney Houston, the woman has heart.
322
00:18:47,740 --> 00:18:50,600
And hers would speak to mine through
that song.
323
00:18:51,320 --> 00:18:53,140
And I so loved the thing.
324
00:18:54,160 --> 00:18:56,480
I tried it. And you know what?
325
00:18:57,360 --> 00:18:58,460
It worked.
326
00:18:59,520 --> 00:19:01,940
The melody, the lyrics, whatever.
327
00:19:02,920 --> 00:19:08,000
I just puffed myself up with inspiration
and hope.
328
00:19:08,340 --> 00:19:10,940
And I'd charge off to work.
329
00:19:12,100 --> 00:19:13,360
And you know what else?
330
00:19:14,440 --> 00:19:16,620
I got good at what I do.
331
00:19:17,450 --> 00:19:18,770
I no longer stink.
332
00:19:20,070 --> 00:19:21,370
I'm no longer depressed.
333
00:19:23,570 --> 00:19:24,570
It's all a fact.
334
00:19:25,630 --> 00:19:30,690
Maxine, do you have to sing it in the
morning? Yes, before I start my day.
335
00:19:31,110 --> 00:19:34,130
I'm not trying to upset Mr. Emerson. He
knows I like him.
336
00:19:34,410 --> 00:19:36,930
And I promise you, I need to do it.
337
00:19:37,930 --> 00:19:38,930
I swear.
338
00:19:41,170 --> 00:19:42,170
Thank you, Maxine.
339
00:19:47,880 --> 00:19:49,300
Could you sing it for us now?
340
00:19:50,260 --> 00:19:55,600
What? The word booming has been used to
describe it, but Mr. Emerson tells me
341
00:19:55,600 --> 00:20:00,960
one cannot fully appreciate the quaking
nature of your performance unless one
342
00:20:00,960 --> 00:20:02,700
actually experiences it.
343
00:20:02,940 --> 00:20:03,940
Your Honor, I object.
344
00:20:04,200 --> 00:20:05,200
Why?
345
00:20:05,380 --> 00:20:08,800
We're all sitting here wondering what
the big deal is. Why don't we just
346
00:20:08,800 --> 00:20:09,759
for ourselves?
347
00:20:09,760 --> 00:20:11,700
And try to drink a cup of coffee, I dare
you.
348
00:20:12,000 --> 00:20:13,220
Thank you, Mr. Emerson.
349
00:20:13,520 --> 00:20:15,980
I need my boom box. I don't sing a
cappella.
350
00:20:16,540 --> 00:20:19,200
Okay, you can get your accompaniment and
come back.
351
00:20:19,460 --> 00:20:23,760
But, Miss Shipp, you will be under oath
as you sing, which means, to be
352
00:20:23,760 --> 00:20:27,960
truthful, you must sing at the same
volume you do every morning.
353
00:20:28,240 --> 00:20:31,360
Oh, don't worry, Your Honor. I only know
one way to sing it.
354
00:20:31,840 --> 00:20:32,840
Very well.
355
00:20:33,140 --> 00:20:37,820
We'll adjourn until 11 o 'clock, at
which point we'll hear your rendition
356
00:20:37,820 --> 00:20:39,920
One Moment in Time.
357
00:20:43,720 --> 00:20:47,420
We do not consider ourselves a security
risk. Why not?
358
00:20:47,700 --> 00:20:51,400
We do not maintain a high profile. If
you drove by our building, you might not
359
00:20:51,400 --> 00:20:53,180
even know it's a biomedical research
facility.
360
00:20:53,440 --> 00:20:56,800
And to date, we have never faced so much
as a picket line.
361
00:20:57,000 --> 00:21:00,860
So the idea that we're a magnet for
protest is totally unfounded.
362
00:21:01,080 --> 00:21:02,080
Okay.
363
00:21:02,340 --> 00:21:06,420
Doctor, you heard Mr. Blaine talking
about serving the public good? I was
364
00:21:06,420 --> 00:21:07,460
offended by that testimony.
365
00:21:08,020 --> 00:21:11,820
Why? Our research is designed to save
lives.
366
00:21:12,540 --> 00:21:16,380
There is no other motive. We're not like
a pharmaceutical company who develops a
367
00:21:16,380 --> 00:21:19,660
life -saving drug which just so happens
to bring in a billion dollars in
368
00:21:19,660 --> 00:21:23,280
revenue. None of us are getting rich
here. None of us dream or hope to.
369
00:21:23,500 --> 00:21:28,600
Our goal, the only goal, is to protect
human life against disease.
370
00:21:29,600 --> 00:21:34,560
Along with treatments for Alzheimer's,
Parkinson's, heart disease, we're
371
00:21:34,560 --> 00:21:38,220
about treating leading causes of death
in this country and around the world.
372
00:21:38,480 --> 00:21:40,060
But doctor, you know the concern.
373
00:21:40,640 --> 00:21:44,640
Today's stem cell, Tomorrow cloning. We
do not clone.
374
00:21:45,200 --> 00:21:46,240
We never will.
375
00:21:46,960 --> 00:21:50,180
And I take additional offense at the
implication that we're a bunch of mad
376
00:21:50,180 --> 00:21:52,120
scientists running around with petri
dishes.
377
00:21:53,500 --> 00:21:55,840
You certainly seem indignant, Doctor.
378
00:21:56,680 --> 00:22:01,160
When religion raises its ugly head to
squash medical progress, I get
379
00:22:01,400 --> 00:22:04,020
You consider religion to have an ugly
head?
380
00:22:04,280 --> 00:22:05,420
I'm a man of faith.
381
00:22:06,080 --> 00:22:07,540
And I do believe in religion.
382
00:22:08,560 --> 00:22:12,680
But yes, I'm coming to the opinion that
the head is often the ugly part. Your
383
00:22:12,680 --> 00:22:17,180
lawyer thinks this is all politics. You
think it's religion. Do you allow any
384
00:22:17,180 --> 00:22:21,000
room for the possibility that your
facility might be a target of violence?
385
00:22:21,120 --> 00:22:23,180
I consider such possibility negligible.
386
00:22:23,520 --> 00:22:25,620
It certainly doesn't warrant shutting
our doors.
387
00:22:25,820 --> 00:22:28,520
Because you're in the business of saving
human life.
388
00:22:29,360 --> 00:22:32,800
Tell me, Doctor, when do you believe
human life begins?
389
00:22:33,470 --> 00:22:36,450
According to the law? No, I'm not
talking about the legal definition.
390
00:22:36,690 --> 00:22:39,910
I'm asking you as a person of medical
science, when does human life begin?
391
00:22:40,430 --> 00:22:44,070
When an organism matures into a being
depends on... No, I'm not talking about
392
00:22:44,070 --> 00:22:47,390
the beginning of a human being, Doctor,
and you know what I'm asking you is not
393
00:22:47,390 --> 00:22:51,330
a complex question, so I'll ask it one
more time. From a medical science
394
00:22:51,330 --> 00:22:54,690
perspective, when does human life begin?
395
00:22:55,110 --> 00:22:57,430
In its organism form upon conception.
396
00:22:58,060 --> 00:23:01,600
When an egg is fertilized and an embryo
forms, correct?
397
00:23:01,840 --> 00:23:07,460
Yes. And your facility uses embryos in
its research, correct, Doctor? Yes.
398
00:23:07,460 --> 00:23:09,300
embryos? Yes.
399
00:23:09,860 --> 00:23:12,380
Doctor, where do these embryos come
from?
400
00:23:15,520 --> 00:23:17,380
Where do these embryos come from?
401
00:23:18,180 --> 00:23:20,400
Many are discarded from fertility
clinics.
402
00:23:20,660 --> 00:23:21,660
Many?
403
00:23:22,120 --> 00:23:23,120
All?
404
00:23:23,440 --> 00:23:26,000
No. Where do the others come from?
405
00:23:26,890 --> 00:23:27,890
We harvest them.
406
00:23:28,370 --> 00:23:29,670
You harvest them.
407
00:23:30,610 --> 00:23:36,930
You take an egg, fertilize it, create an
embryo, and then destroy it for your
408
00:23:36,930 --> 00:23:38,390
research. Right, Doctor?
409
00:23:38,850 --> 00:23:42,570
Yes. You create human life in order to
destroy it.
410
00:23:43,070 --> 00:23:47,770
We create the embryos to treat diseases
which are destroying human life. Yes,
411
00:23:47,770 --> 00:23:51,210
that's your take on it. Certainly you're
aware, Doctor, when it comes to stem
412
00:23:51,210 --> 00:23:54,790
cell research, this is the public's
worst nightmare, that the scientists
413
00:23:54,790 --> 00:23:58,410
one day go from taking discarded embryos
from fertility clinics to harvesting
414
00:23:58,410 --> 00:24:02,010
embryos themselves. That's the stated
fear on every talk show, isn't it,
415
00:24:02,190 --> 00:24:05,770
That day has already arrived, not only
at our facility. Doctor, I really need
416
00:24:05,770 --> 00:24:10,150
you to answer the questions I ask.
You're doing in your lab the very thing
417
00:24:10,150 --> 00:24:11,370
public fears most.
418
00:24:12,060 --> 00:24:14,120
I don't know what the public fears most.
419
00:24:15,640 --> 00:24:18,880
I would think they'd fear sickness and
death.
420
00:24:19,120 --> 00:24:23,400
You go to great lengths to keep your
research quiet so the public doesn't
421
00:24:23,400 --> 00:24:27,200
out you're harvesting embryos, don't
you, doctor? We keep all our research
422
00:24:27,200 --> 00:24:31,480
quiet. So is it your testimony, should
the public find out what you're doing,
423
00:24:31,660 --> 00:24:34,960
you couldn't possibly become a target
for violent protest?
424
00:24:35,400 --> 00:24:36,520
Why don't we see?
425
00:24:37,360 --> 00:24:40,340
Give the public the benefit of the doubt
before you shut us down.
426
00:24:41,100 --> 00:24:46,040
You've been keeping this secret because
you believe in giving the public the
427
00:24:46,040 --> 00:24:47,040
benefit of the doubt.
428
00:24:59,560 --> 00:25:02,980
What didn't you tell us? You were
harvesting embryos. I wasn't really at
429
00:25:02,980 --> 00:25:06,800
to. We all signed confidentiality
agreements. Don't feed me that. Look,
430
00:25:06,800 --> 00:25:07,980
we're doing is not illegal.
431
00:25:08,810 --> 00:25:12,490
It's going on elsewhere, like I said,
and in the near future it will be going
432
00:25:12,490 --> 00:25:15,430
at Mass General and every major
research... That's not the point. You
433
00:25:15,430 --> 00:25:17,290
playing hide -the -ball with the wrong
judge.
434
00:25:17,710 --> 00:25:20,050
Somebody inside must have whistled. I
don't know how it got out.
435
00:25:20,490 --> 00:25:22,630
Well, like you said, it's out now.
436
00:25:23,250 --> 00:25:24,470
May I make a suggestion?
437
00:25:26,710 --> 00:25:30,590
If this is why they're rezoning you,
maybe a deal can be struck.
438
00:25:30,810 --> 00:25:35,050
If you agree to stop harvesting and only
use discarded embryos, maybe they'll
439
00:25:35,050 --> 00:25:36,049
drop the ordinance.
440
00:25:36,050 --> 00:25:37,050
We can't.
441
00:25:37,310 --> 00:25:40,250
We don't get enough embryos from the
clinics. We need to harvest.
442
00:25:40,530 --> 00:25:44,050
Is it worth risking being shut down? If
we can't harvest, you might as well shut
443
00:25:44,050 --> 00:25:45,050
us down.
444
00:25:45,430 --> 00:25:46,810
We need to win this, Eugene.
445
00:25:47,330 --> 00:25:49,070
Yeah, well, you just made that a lot
tougher.
446
00:26:02,310 --> 00:26:03,550
Each day I...
447
00:26:12,530 --> 00:26:19,450
I never said she wasn't good. She isn't
exactly quaking. We haven't got
448
00:26:19,450 --> 00:26:20,450
there yet.
449
00:26:35,600 --> 00:26:42,380
my dreams are a heartbeat away and the
answers are all up to me.
450
00:26:42,580 --> 00:26:47,820
Give me one moment in time
451
00:26:47,820 --> 00:26:51,640
when I'm racing with death.
452
00:27:58,600 --> 00:27:59,600
can do is argue it.
453
00:27:59,640 --> 00:28:03,440
It's still a state imposing its morality
on a private facility.
454
00:28:03,760 --> 00:28:05,360
It's wrong and we should win.
455
00:28:06,500 --> 00:28:09,020
Fox is conservative, but she's a fair
judge.
456
00:28:09,380 --> 00:28:10,380
Let's hope.
457
00:28:13,600 --> 00:28:14,459
How's it going?
458
00:28:14,460 --> 00:28:15,560
Fine. You need anything?
459
00:28:17,960 --> 00:28:19,520
I heard what happened in court.
460
00:28:20,000 --> 00:28:21,000
They're harvesting?
461
00:28:21,200 --> 00:28:22,200
Yep.
462
00:28:22,340 --> 00:28:23,340
What's next?
463
00:28:24,720 --> 00:28:27,720
I'll get up and argue the law like it's
a religion. It's who I am.
464
00:28:27,930 --> 00:28:28,869
All right, Eugene.
465
00:28:28,870 --> 00:28:32,270
Look, I need to prepare. I don't give a
damn. I came to you in the spirit of
466
00:28:32,270 --> 00:28:35,650
friendship. Telling me I had no center?
I never said that. I got the point,
467
00:28:35,710 --> 00:28:36,970
Bobby. I'm a man without a soul.
468
00:28:37,170 --> 00:28:40,130
You know what, Eugene? You want to make
me the enemy? Fine. No, no, no, no. The
469
00:28:40,130 --> 00:28:42,970
enemy is thyself. Isn't that what the
Bible says? I take it all back.
470
00:28:43,510 --> 00:28:45,290
I was wrong. I thought you were angry.
471
00:28:45,490 --> 00:28:48,990
Clearly, you're not. I thought the law
was your ideology, but I can see now
472
00:28:48,990 --> 00:28:50,610
you're a spiritual guy.
473
00:28:51,410 --> 00:28:55,050
Forgive me for trying to step between
you and your profound sense of
474
00:28:55,050 --> 00:28:56,050
contentment.
475
00:29:03,120 --> 00:29:04,200
Did I miss something?
476
00:29:10,220 --> 00:29:12,140
It was a splendid performance.
477
00:29:12,880 --> 00:29:15,300
To hear it once, fabulous.
478
00:29:16,100 --> 00:29:22,920
But day after day after day after day,
as Mr. Emerson stated, part of
479
00:29:22,920 --> 00:29:29,420
owning a home, perhaps the very essence
of it, is your quiet enjoyment of it.
480
00:29:30,000 --> 00:29:32,320
To be able to sip a cup of coffee.
481
00:29:32,830 --> 00:29:33,830
In peace.
482
00:29:34,150 --> 00:29:35,890
Not all the time, of course.
483
00:29:36,310 --> 00:29:37,870
Disturbances are part of life.
484
00:29:38,350 --> 00:29:44,110
But Mr. Emerson shouldn't be forced to
endure a daily dose of what we heard in
485
00:29:44,110 --> 00:29:45,110
this courtroom.
486
00:29:45,550 --> 00:29:49,270
People do have a right to peace and
quiet.
487
00:29:56,010 --> 00:30:01,390
Peace and quiet.
488
00:30:01,930 --> 00:30:02,930
are overrated.
489
00:30:04,770 --> 00:30:11,350
I've just left my firm to start my own
practice, ostensibly to find peace and
490
00:30:11,350 --> 00:30:16,450
quiet, but I've discovered what I've
really been yearning for is a sense of
491
00:30:16,450 --> 00:30:20,290
being connected with people, friends,
loved ones.
492
00:30:21,910 --> 00:30:23,810
I've gotten to know Maxine Shipp a
little.
493
00:30:24,510 --> 00:30:25,510
I like her.
494
00:30:29,290 --> 00:30:32,070
I just think there's too much peace and
quiet going on.
495
00:30:32,330 --> 00:30:37,050
People building fences, gates, getting
bigger yards, going around with Walkmans
496
00:30:37,050 --> 00:30:41,190
and iPods, wearing headphones, shutting
out the world in search of privacy,
497
00:30:41,430 --> 00:30:46,310
seclusion, peace and quiet, growing more
isolated, if not lonely.
498
00:30:50,810 --> 00:30:53,050
We're all so disconnected, you know?
499
00:30:55,370 --> 00:30:56,370
I think...
500
00:30:57,520 --> 00:31:00,860
I think we need to start letting our
neighbors' voices come through our walls
501
00:31:00,860 --> 00:31:01,860
more.
502
00:31:14,820 --> 00:31:20,860
The reason they kept this research
secret is because they knew the
503
00:31:20,860 --> 00:31:22,020
reaction it would cause.
504
00:31:22,960 --> 00:31:28,100
The most volatile issue in this country
is abortion. It has been for 25 years,
505
00:31:28,260 --> 00:31:34,060
and stem cell research triggers the same
emotions, compounded by the fears and
506
00:31:34,060 --> 00:31:38,980
condemnation of runaway medical science,
where high -tech tissue plants start to
507
00:31:38,980 --> 00:31:44,740
harvest cells, organs, and body parts.
There is every reason to fear protest.
508
00:31:45,100 --> 00:31:50,050
Violence. And accordingly, there is
nothing arbitrary about the decision to
509
00:31:50,050 --> 00:31:53,130
rezone this district in the interest of
public safety.
510
00:31:54,150 --> 00:31:56,650
That's the legal argument, Your Honor.
511
00:31:57,310 --> 00:31:58,330
But if I may,
512
00:31:59,170 --> 00:32:02,110
Mr. Blaine also raised the issue of
public good.
513
00:32:03,010 --> 00:32:06,990
And the notion that that is something
the zoning board should be concerned
514
00:32:06,990 --> 00:32:10,250
was basically scoffed at by Mr. Young.
515
00:32:11,090 --> 00:32:12,690
Well, I don't scoff at it.
516
00:32:13,590 --> 00:32:15,210
Our public officials...
517
00:32:15,610 --> 00:32:16,610
Our trustees.
518
00:32:17,210 --> 00:32:23,110
The public welfare must always be a
vital and relevant concern. By passing
519
00:32:23,110 --> 00:32:28,830
ordinance, the zoning board is
reaffirming a sanctity to human life.
520
00:32:28,830 --> 00:32:33,770
begins at the embryo stage. Regardless
of one's position on abortion or when an
521
00:32:33,770 --> 00:32:37,330
unborn should have rights, when it
becomes a person, there is no medical or
522
00:32:37,330 --> 00:32:41,890
political dispute that human life in its
organism stage begins upon conception.
523
00:32:42,730 --> 00:32:44,450
And I submit it is one thing.
524
00:32:45,000 --> 00:32:49,160
To balance the sanctity of that life
against the interests of the mother and
525
00:32:49,160 --> 00:32:54,800
-choice, it is quite another for an
entity, public or private, to create
526
00:32:54,800 --> 00:32:58,120
life for the purpose of destroying it.
527
00:32:58,640 --> 00:33:04,800
To say that's acceptable is to assert
that human life itself
528
00:33:04,800 --> 00:33:09,220
has no intrinsic value, that it's not
sacred.
529
00:33:10,100 --> 00:33:12,460
And once society accepts that premise,
530
00:33:15,760 --> 00:33:16,760
God help us.
531
00:33:17,980 --> 00:33:22,820
Now, I'm sure Mr. Young was hoping I'd
say the word God because he no doubt
532
00:33:22,820 --> 00:33:26,720
wants to lay this argument off on
religious dogma because in a court of
533
00:33:26,720 --> 00:33:30,280
words God, religion, they're ugly words,
aren't they?
534
00:33:31,340 --> 00:33:36,840
But the reality is, if one truly wants
to find dogma in this society, it's in
535
00:33:36,840 --> 00:33:39,560
the idea that religion and God have no
place.
536
00:33:40,190 --> 00:33:43,830
in our secular lives. We are much more
dogmatic in our commitment to the
537
00:33:43,830 --> 00:33:46,710
separation of church and state than we
are towards any faith.
538
00:33:46,990 --> 00:33:48,670
Mr. Davids, you're getting off track.
539
00:33:48,970 --> 00:33:55,270
I don't believe I am, Your Honor. We are
a nation, a people, a government that
540
00:33:55,270 --> 00:33:59,190
profoundly believes in the sanctity of
human life.
541
00:33:59,450 --> 00:34:03,930
Defense should neither negate nor
invalidate that belief simply because it
542
00:34:03,930 --> 00:34:06,970
be rooted in faith or a commitment to
God.
543
00:34:07,590 --> 00:34:12,250
What they're doing in these... test
tubes and petri dishes
544
00:34:12,250 --> 00:34:15,750
is an atrocity.
545
00:34:16,510 --> 00:34:19,210
It's a violation against humanity.
546
00:34:20,310 --> 00:34:26,710
And a decision to put a stop to it is
anything but
547
00:34:26,710 --> 00:34:27,710
capricious.
548
00:34:42,320 --> 00:34:46,920
If a commission chooses to shut down a
research lab because people may protest,
549
00:34:47,260 --> 00:34:48,679
that's arbitrary.
550
00:34:49,460 --> 00:34:53,280
If you decide to close the doors on
medical progress that could save lives
551
00:34:53,280 --> 00:34:58,380
because of the possibility of public
outrage, that's capricious.
552
00:35:01,380 --> 00:35:05,760
There's been no violence here, no
threats, no indication of the danger the
553
00:35:05,760 --> 00:35:06,759
zoning board...
554
00:35:06,760 --> 00:35:11,200
says it's worried about, and the action
by that board had nothing to do with the
555
00:35:11,200 --> 00:35:15,360
risk to public safety, and it's in bad
faith for them to even offer that as a
556
00:35:15,360 --> 00:35:20,080
pretext. This is government shutting the
door on an idea. We all know it.
557
00:35:20,720 --> 00:35:24,700
Mr. Davies knows you know it, Your
Honor, which is why he spent the
558
00:35:24,700 --> 00:35:28,820
his closing not on the merits, but on
religion, life's sanctity. It's
559
00:35:28,820 --> 00:35:31,960
irrelevant. The sanctity of life is
irrelevant to you, Counsel?
560
00:35:32,660 --> 00:35:37,630
Your Honor, since a year ago, Every one
of us has become a lot more in touch
561
00:35:37,630 --> 00:35:42,450
with the sanctity of human life. Nobody
is more committed to their sanctity than
562
00:35:42,450 --> 00:35:48,350
my clients. They do what they do to
fight off diseases that are killing us.
563
00:35:48,350 --> 00:35:52,650
they don't need to be told what is
sacred by a city zoning board. There is
564
00:35:52,650 --> 00:35:55,370
nothing remotely democratic about this
abatement proceeding.
565
00:35:55,590 --> 00:35:58,710
And if the petitioner is concerned about
outrage.
566
00:36:01,690 --> 00:36:03,050
The reason abortion.
567
00:36:03,920 --> 00:36:09,380
And the question of when does human life
begin, the reason this issue remains as
568
00:36:09,380 --> 00:36:15,760
combustible as it does today, we the
people never got to decide it.
569
00:36:16,720 --> 00:36:20,700
It was done by fiat, by nine people
sitting on a bench, nine people nobody
570
00:36:20,700 --> 00:36:24,980
elected, nobody voted for Justice
Blackburn, nobody dropped a ballot in
571
00:36:24,980 --> 00:36:26,960
and checked off the name of John Paul
Stevens.
572
00:36:27,220 --> 00:36:28,260
Now you're getting off track.
573
00:36:28,520 --> 00:36:29,520
No, I am not.
574
00:36:29,690 --> 00:36:34,010
Our most basic human value was dictated
to us by a court. And Congress can't
575
00:36:34,010 --> 00:36:38,690
change it. A president can't change it.
The people can't change it. We're bound
576
00:36:38,690 --> 00:36:43,490
with no democratic recourse to even
address it because the Supreme Court
577
00:36:43,490 --> 00:36:48,510
let no electoral process tear us under.
That's why the public is still angry 30
578
00:36:48,510 --> 00:36:52,110
years later. And that's why it remains
this country's civil war.
579
00:36:59,760 --> 00:37:04,780
I believe in God, Your Honor, as I do in
the sanctity of human life.
580
00:37:05,100 --> 00:37:11,020
But one sanctity of democracy is that
we, the people, enjoy religious and
581
00:37:11,020 --> 00:37:15,860
political freedom and the liberty to
decide for ourselves what is sacred.
582
00:37:17,580 --> 00:37:24,020
Here we are today, with a city zoning
board running to a court to impose
583
00:37:24,020 --> 00:37:28,200
its own idea of intrinsic human value.
584
00:37:32,810 --> 00:37:33,930
Let the protest begin.
585
00:37:51,010 --> 00:37:52,090
Be seated.
586
00:37:56,630 --> 00:37:58,770
Miss Shipp, to be honest...
587
00:37:59,600 --> 00:38:03,600
I wouldn't be thrilled to hear that
Sousa -sized voice every morning.
588
00:38:04,520 --> 00:38:09,700
But Mr. Emerson, when I was buying my
house, I asked my real estate broker
589
00:38:09,700 --> 00:38:13,440
privacy, and she said, oh, this is a
quiet neighborhood.
590
00:38:13,820 --> 00:38:17,880
You won't have to worry about your
neighbors getting all chummy or throwing
591
00:38:17,880 --> 00:38:18,819
block parties.
592
00:38:18,820 --> 00:38:21,040
People here like to keep to themselves.
593
00:38:22,400 --> 00:38:26,880
She said that as a selling point,
something to drive the price higher.
594
00:38:30,570 --> 00:38:36,670
It's a sad day when people go to court
to stop their neighbors from singing.
595
00:38:38,230 --> 00:38:42,530
Your motion for a TRO is denied. I'm
entering judgment for the defendant.
596
00:38:42,970 --> 00:38:44,190
Oh, thank you.
597
00:38:44,950 --> 00:38:46,050
We're adjourned.
598
00:38:49,390 --> 00:38:51,570
Thank you so much.
599
00:38:53,170 --> 00:38:56,990
Congratulations. I just had such a
feeling about you.
600
00:39:01,360 --> 00:39:03,880
I loved it. It was so much fun
practicing again.
601
00:39:06,660 --> 00:39:10,480
How'd it go? The judge said she'd rule
by the end of the day. We finally gave
602
00:39:10,480 --> 00:39:11,480
and came back.
603
00:39:12,160 --> 00:39:14,960
Eugene was... very good.
604
00:39:18,160 --> 00:39:19,980
The clerk's office just called.
605
00:39:21,140 --> 00:39:23,140
Judge Fox denied the injunction.
606
00:39:23,780 --> 00:39:24,759
She did?
607
00:39:24,760 --> 00:39:25,718
We won?
608
00:39:25,720 --> 00:39:26,720
That's incredible.
609
00:39:28,380 --> 00:39:29,580
Eugene! Eleanor.
610
00:39:32,840 --> 00:39:33,840
Let me tell him, okay?
611
00:39:35,340 --> 00:39:36,340
Sure.
612
00:39:46,200 --> 00:39:47,460
Clerk's office just called.
613
00:39:49,700 --> 00:39:50,700
You won.
614
00:39:52,540 --> 00:39:53,540
We did.
615
00:39:54,980 --> 00:39:57,580
Congratulations. The girl said you gave
quite a closing.
616
00:39:59,700 --> 00:40:00,700
I don't know.
617
00:40:01,640 --> 00:40:03,040
Guess I spoke from my center.
618
00:40:07,080 --> 00:40:11,320
You misunderstood me, Eugene.
619
00:40:13,140 --> 00:40:15,580
I consider you a man of such heart.
620
00:40:17,560 --> 00:40:18,560
And humanity.
621
00:40:22,780 --> 00:40:24,100
That's why I worry about you.
622
00:40:27,500 --> 00:40:29,080
Anyway, congratulations.
623
00:40:34,570 --> 00:40:36,390
You know, the closing the girls like so
much.
624
00:40:38,790 --> 00:40:40,730
I got up and argued the law.
625
00:40:42,790 --> 00:40:43,790
Like a religion.
626
00:40:46,030 --> 00:40:47,030
Yeah.
627
00:40:49,550 --> 00:40:50,550
And there you sit.
628
00:40:52,790 --> 00:40:53,790
The winner.
629
00:41:45,800 --> 00:41:46,800
You stink.
53548
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