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These are the user uploaded subtitles that are being translated: 1 00:00:00,940 --> 00:00:02,480 Previously on Picket Fences. 2 00:00:02,880 --> 00:00:05,360 The man may have killed a 16 -year -old girl. 3 00:00:06,220 --> 00:00:07,800 No polygraph. 4 00:00:08,400 --> 00:00:10,620 And I don't want you even talking to him. 5 00:00:11,140 --> 00:00:13,430 We've been looking everywhere for this girl. 6 00:00:13,700 --> 00:00:14,960 I didn't do anything. 7 00:00:15,840 --> 00:00:19,840 In the name of God, she deserves a Catholic funeral. 8 00:00:21,720 --> 00:00:23,160 Tell me someplace to go. 9 00:00:24,480 --> 00:00:25,530 Give me a hand. 10 00:00:33,870 --> 00:00:36,230 That statement was coerced without counsel. 11 00:00:36,430 --> 00:00:37,930 The statement was voluntary. 12 00:00:38,270 --> 00:00:41,990 Deputy Lacus prevailed on my client's Christian sympathies. 13 00:00:42,250 --> 00:00:45,630 Mr. Latham, you are going to trial. 14 00:00:46,010 --> 00:00:49,870 If the Supreme Court has a problem with that, they can come and get me. 15 00:00:50,090 --> 00:00:53,850 We find the defendant guilty as charged. 16 00:00:54,610 --> 00:00:59,449 This case is going to the Supreme Court. You and I are going to argue before the 17 00:00:59,450 --> 00:01:00,650 Supreme Court. 18 00:01:18,760 --> 00:01:19,810 Come on in. 19 00:01:24,620 --> 00:01:26,020 Okay, very funny. 20 00:01:27,600 --> 00:01:29,140 Whose blood sample was this? 21 00:01:29,760 --> 00:01:30,960 Just give me the results. 22 00:01:30,961 --> 00:01:34,179 Carter? I don't have to tell you whose blood it was. I just asked you to do a 23 00:01:34,180 --> 00:01:36,410 simple test, so please, give me the results. 24 00:01:37,020 --> 00:01:39,070 You led me to believe this was your blood. 25 00:01:39,760 --> 00:01:41,440 Let's just assume that it is, Jill. 26 00:01:41,660 --> 00:01:42,840 Give me the results. 27 00:01:45,620 --> 00:01:46,670 Please? 28 00:01:47,280 --> 00:01:48,330 Okay. 29 00:01:49,240 --> 00:01:51,040 Congratulations, you're pregnant. 30 00:03:04,880 --> 00:03:07,170 I know you're good, Mr. Wambaugh. It isn't that. 31 00:03:07,360 --> 00:03:14,299 Brian, there is no way, no lawyer, F. Lee, Bailey, anybody, there's no way 32 00:03:14,300 --> 00:03:16,220 anybody could be more prepared than me. 33 00:03:16,580 --> 00:03:18,940 But you don't believe I'm innocent. 34 00:03:19,300 --> 00:03:21,460 It really doesn't matter. It does to me. 35 00:03:24,620 --> 00:03:26,520 See, Mr. Wambaugh, you got it wrong. 36 00:03:27,720 --> 00:03:31,700 I don't want my lawyer to act like his life depends on it. 37 00:03:32,300 --> 00:03:36,260 I want the guy to act like my life depends on it, because it does. 38 00:03:37,580 --> 00:03:41,060 I want a lawyer who knows that I didn't do it. 39 00:03:41,840 --> 00:03:46,979 When those judges look at my lawyer, I want them to see it in his eyes that I 40 00:03:46,980 --> 00:03:48,030 didn't do it. 41 00:03:50,660 --> 00:03:52,500 Are you that lawyer, Mr. Wambaugh? 42 00:03:56,100 --> 00:03:58,840 I haven't been, but I will be. 43 00:04:06,960 --> 00:04:08,010 Go to Washington. 44 00:04:08,800 --> 00:04:10,400 But don't you dare go for you. 45 00:04:13,960 --> 00:04:15,010 Go for me. 46 00:04:19,660 --> 00:04:20,710 Positive. 47 00:04:21,160 --> 00:04:22,900 That means we're about seven weeks. 48 00:04:24,640 --> 00:04:26,520 I still can't believe it. 49 00:04:26,760 --> 00:04:29,600 I mean, I guess I just can't believe it. 50 00:04:30,860 --> 00:04:35,039 Okay, now, Stacy, your privacy concerns aside, you have to start making regular 51 00:04:35,040 --> 00:04:35,949 doctor appointments. 52 00:04:35,950 --> 00:04:37,409 And it's not too soon for an ultrasound. 53 00:04:37,410 --> 00:04:40,549 And I'm going to be wanting to do an amnio when the time comes, too, so... 54 00:04:40,550 --> 00:04:42,330 not get ahead of ourselves, Carter. 55 00:04:42,770 --> 00:04:43,820 I like to be thorough. 56 00:04:45,550 --> 00:04:46,930 Oh, God. 57 00:04:49,510 --> 00:04:50,650 I'm going to be a father. 58 00:04:51,670 --> 00:04:52,720 Yeah. 59 00:04:54,370 --> 00:04:55,420 Wow. 60 00:04:56,710 --> 00:04:58,730 I want to schedule an immediate checkup. 61 00:05:00,750 --> 00:05:01,800 Oh. 62 00:05:03,150 --> 00:05:04,830 I didn't mean to intrude. I... 63 00:05:05,080 --> 00:05:06,520 I just came to see you, Carter. 64 00:05:07,060 --> 00:05:10,440 You remember Stacy Halford? Stacy, this is Jill Brock. 65 00:05:11,200 --> 00:05:12,250 Hi. 66 00:05:12,840 --> 00:05:15,740 Well, congratulations, I guess. 67 00:05:16,300 --> 00:05:17,350 Thank you. 68 00:05:18,960 --> 00:05:20,500 Are you two together? 69 00:05:21,820 --> 00:05:23,140 No, we're not. 70 00:05:24,160 --> 00:05:26,620 But you plan to be parents together. 71 00:05:27,660 --> 00:05:30,550 I plan to be the parent. Stacy has agreed to be my surrogate. 72 00:05:31,160 --> 00:05:32,210 What? 73 00:05:33,000 --> 00:05:34,280 We did it in vitro. 74 00:05:34,281 --> 00:05:36,919 It was all scientific. Lots of people do it today. 75 00:05:36,920 --> 00:05:38,320 Oh, I know that, yes. 76 00:05:39,040 --> 00:05:41,380 I guess I'm just surprised. 77 00:05:42,900 --> 00:05:47,440 There are worse ways I can spend my time, I guess, than give somebody a 78 00:05:51,400 --> 00:05:52,600 What's wrong with that? 79 00:05:52,601 --> 00:05:56,439 Nothing, nothing. And it's certainly none of my business. 80 00:05:56,440 --> 00:05:58,180 Why don't we leave it at that, then? 81 00:06:00,060 --> 00:06:01,360 Okay. Okay. 82 00:06:07,110 --> 00:06:08,750 Me? I get to go? 83 00:06:08,990 --> 00:06:10,550 Of course, you're my assistant. 84 00:06:11,630 --> 00:06:13,470 I'm going to the Supreme Court? 85 00:06:13,770 --> 00:06:18,109 All those cases we copied, I want them alphabetized. I need to refer to them 86 00:06:18,110 --> 00:06:21,650 quickly. Brian Latham's life is in our hands. 87 00:06:22,530 --> 00:06:28,289 And don't forget to pack my oxygen tank. And if you see me start to wheeze, just 88 00:06:28,290 --> 00:06:29,340 whip it out. 89 00:06:29,450 --> 00:06:32,030 I've never been so nervous before. 90 00:06:32,830 --> 00:06:34,030 You're going to be great. 91 00:06:35,760 --> 00:06:37,440 I've never been so nervous before. 92 00:06:37,980 --> 00:06:39,080 Did I say this? 93 00:06:40,960 --> 00:06:43,100 I repeat myself when I get nervous. 94 00:06:44,420 --> 00:06:45,620 Did I say this? 95 00:06:46,280 --> 00:06:47,580 It's just another case. 96 00:06:48,100 --> 00:06:49,920 No, it's not just another case. 97 00:06:49,921 --> 00:06:53,739 Why would the Supreme Court agree to hear this so quickly? Something is up. 98 00:06:53,740 --> 00:06:54,790 What do you mean? 99 00:06:55,420 --> 00:06:59,270 There are two things on the rise in this country. Crime and police misconduct. 100 00:06:59,560 --> 00:07:03,479 Now, the court may have chosen this case as a test to squash one or the other. I 101 00:07:03,480 --> 00:07:04,560 just wish I knew which. 102 00:07:10,900 --> 00:07:11,950 Tomorrow morning. 103 00:07:12,220 --> 00:07:13,270 We argue Thursday. 104 00:07:13,271 --> 00:07:18,259 Shouldn't I go with you? It might help if the father of the victim was in the 105 00:07:18,260 --> 00:07:20,790 room. No, no, they would view that as manipulation. 106 00:07:21,660 --> 00:07:23,950 It's not wise to stunt with the Supreme Court. 107 00:07:24,920 --> 00:07:26,360 The highest court in the land. 108 00:07:26,361 --> 00:07:29,939 They may free the man who murdered my daughter because they don't like the way 109 00:07:29,940 --> 00:07:30,990 you caught him. 110 00:07:32,940 --> 00:07:33,990 Yes, sir. 111 00:07:35,940 --> 00:07:38,650 No offense, Mr. Littleton, I know you have talent, but... 112 00:07:38,840 --> 00:07:41,970 Shouldn't the Attorney General be handling it at this level? 113 00:07:43,560 --> 00:07:44,760 Well, he's sending me. 114 00:07:48,660 --> 00:07:49,710 Please don't lose. 115 00:08:09,910 --> 00:08:10,960 Carter? 116 00:08:11,410 --> 00:08:12,460 Stacey, hi. 117 00:08:12,461 --> 00:08:13,469 Come on in. 118 00:08:13,470 --> 00:08:14,520 Sit, sit. 119 00:08:14,710 --> 00:08:15,760 I can't. 120 00:08:16,090 --> 00:08:17,140 You can't sit? 121 00:08:17,830 --> 00:08:18,880 I can't. 122 00:08:24,050 --> 00:08:26,460 But it all seemed to make sense intellectually. 123 00:08:28,950 --> 00:08:31,630 Oh, Carter, we've become such good friends now. 124 00:08:33,830 --> 00:08:38,049 When you came to me and asked me, I don't think I've ever been more 125 00:08:40,360 --> 00:08:41,620 And to give life. 126 00:08:42,520 --> 00:08:44,140 What would be so wrong? 127 00:08:45,860 --> 00:08:46,980 What are you saying? 128 00:08:48,960 --> 00:08:50,120 It feels wrong. 129 00:08:51,980 --> 00:08:53,900 I'm not comfortable being a surrogate. 130 00:08:58,520 --> 00:08:59,740 Here's the check. 131 00:09:00,660 --> 00:09:02,060 I'm returning the money. 132 00:09:02,600 --> 00:09:04,280 Stacy, Stacy, what are you doing? 133 00:09:04,760 --> 00:09:06,620 I'm not going to have the baby, Carter. 134 00:09:08,970 --> 00:09:12,160 I know you're disappointed, but I just can't go through with it. 135 00:09:12,430 --> 00:09:13,550 We had an agreement. 136 00:09:14,150 --> 00:09:15,200 I know. 137 00:09:16,410 --> 00:09:17,460 I'm sorry. 138 00:09:22,970 --> 00:09:25,410 Please accept my deepest apologies. 139 00:09:45,390 --> 00:09:48,510 My brother -in -law's a travel agent. He always bumps me up. 140 00:09:49,190 --> 00:09:52,570 You'll have to thank him for it. Why shouldn't we be up here? 141 00:09:53,330 --> 00:09:54,380 Hey, miss. 142 00:09:55,330 --> 00:09:57,090 We're off to the Supreme Court. 143 00:09:57,490 --> 00:09:59,250 Excuse me. 144 00:09:59,450 --> 00:10:02,270 Could you speak just a little softer? I'd like to sleep. 145 00:10:02,470 --> 00:10:03,520 Of course. 146 00:10:03,750 --> 00:10:04,800 Miss. 147 00:10:05,970 --> 00:10:07,350 I'll have his French toast. 148 00:10:11,490 --> 00:10:12,990 You got profile? 149 00:10:13,930 --> 00:10:16,400 On the Supreme Court justices, you got profile? 150 00:10:16,790 --> 00:10:20,280 It's these little things that make the difference, the extra effort. 151 00:10:20,650 --> 00:10:22,030 Oh, well, let me look at them. 152 00:10:22,550 --> 00:10:23,600 They're mine. 153 00:10:28,510 --> 00:10:29,810 You scared, John? 154 00:10:30,150 --> 00:10:31,200 Please. 155 00:10:34,670 --> 00:10:36,250 Yeah, completely. 156 00:10:36,251 --> 00:10:42,209 Rehnquist, Scalia, Stevens, we're going to be standing up there in front of 157 00:10:42,210 --> 00:10:45,770 them. I shouldn't tell you this, but Rehnquist... You have to call him Mr. 158 00:10:46,010 --> 00:10:47,060 Chief Justice. 159 00:10:47,070 --> 00:10:48,120 I know. 160 00:10:48,270 --> 00:10:51,430 When Nixon swore him in, he called him Regberg. 161 00:10:52,730 --> 00:10:53,780 Can you imagine? 162 00:10:53,950 --> 00:10:58,469 The man makes it all the way to the Supreme Court, and on his big day, Nixon 163 00:10:58,470 --> 00:10:59,550 calls him Regberg. 164 00:11:01,850 --> 00:11:03,250 Terrible with names, Nixon. 165 00:11:06,250 --> 00:11:07,300 Try to sleep. 166 00:11:11,400 --> 00:11:13,990 I have an appointment with Dershowitz at 3 o 'clock. 167 00:11:14,920 --> 00:11:16,000 Alan Dershowitz. 168 00:11:16,200 --> 00:11:19,620 He's in Washington. He agreed to tutor me on what to expect. 169 00:11:20,780 --> 00:11:24,300 I'm leaving nothing to chance, John. I'm going to win this case. 170 00:11:25,340 --> 00:11:26,390 No, you're not. 171 00:11:26,480 --> 00:11:27,820 Oh, yes, I am. I must. 172 00:11:28,040 --> 00:11:30,570 Doug, if prepared as you think you are, you're not. 173 00:11:30,700 --> 00:11:32,340 I plan to bury you. 174 00:11:32,341 --> 00:11:33,559 We'll see. 175 00:11:33,560 --> 00:11:34,780 Yes, we will. 176 00:11:49,160 --> 00:11:50,480 I don't perform abortions. 177 00:11:51,320 --> 00:11:54,580 I know. I was hoping you could recommend a doctor who does. 178 00:11:54,800 --> 00:11:55,850 A good one. 179 00:11:56,080 --> 00:12:00,060 So... Well, wouldn't your OBGYN be able to make that recommendation? 180 00:12:01,940 --> 00:12:04,320 The truth is, I haven't told her I'm pregnant. 181 00:12:05,580 --> 00:12:09,060 I'd sort of prefer not to. I'm a little humiliated. 182 00:12:25,320 --> 00:12:26,820 I saw your car parked out front. 183 00:12:29,140 --> 00:12:30,190 Stacy, 184 00:12:30,740 --> 00:12:33,930 I'm begging you. Oh, Carter, please. Why don't you two go in here? 185 00:12:39,111 --> 00:12:40,639 You 186 00:12:40,640 --> 00:12:51,579 can't 187 00:12:51,580 --> 00:12:53,660 abort this child. 188 00:12:54,960 --> 00:12:56,640 I can't go through with it, Carter. 189 00:12:58,120 --> 00:13:02,360 I'm sorry for doing this to you. I should have known before. No, you can't. 190 00:13:03,340 --> 00:13:07,580 I know surrogacy is right for a lot of people. It's just wrong for me. 191 00:13:09,880 --> 00:13:11,180 I have to do this. 192 00:13:11,600 --> 00:13:12,980 I'll stop you. 193 00:13:15,500 --> 00:13:16,840 You can't stop me. 194 00:13:28,300 --> 00:13:33,740 Well, here we are, Wambo and Dershowitz talking law, discussing strategies, 195 00:13:34,260 --> 00:13:39,879 constitutional scholars waxing. Mr. Wambo, please, my time really is 196 00:13:39,880 --> 00:13:43,779 do have a couple of other cases, so if we can get right to the point. Well, I'm 197 00:13:43,780 --> 00:13:48,659 ready on the law, but I need to know from somebody who's been there, somebody 198 00:13:48,660 --> 00:13:49,880 who's been in that room. 199 00:13:50,540 --> 00:13:54,720 I know it's just another courtroom, except with more judges, right? 200 00:13:55,310 --> 00:14:00,229 Nothing to be... Mr. Wambaugh, this courtroom is unlike anything you have 201 00:14:00,230 --> 00:14:01,590 seen in your life. 202 00:14:01,890 --> 00:14:07,729 For starters, you'll be staring down nine Supreme Court justices spanning the 203 00:14:07,730 --> 00:14:09,450 entire width of the room. 204 00:14:09,850 --> 00:14:12,010 That can be a very daunting experience. 205 00:14:12,011 --> 00:14:15,749 One justice will ask you a question from here. Then you'll be attacked from 206 00:14:15,750 --> 00:14:17,590 there, and it will be an attack. 207 00:14:18,170 --> 00:14:19,630 This is an aggressive court. 208 00:14:19,631 --> 00:14:23,809 This is a confrontational court. This is an argumentative court. This is not 209 00:14:23,810 --> 00:14:25,730 going to be a friendly experience. 210 00:14:27,330 --> 00:14:30,100 Franklin Dell, appearing for Carter Pike, Your Honor. 211 00:14:31,730 --> 00:14:32,780 Where's Wombo? 212 00:14:33,090 --> 00:14:34,230 He's off to Washington. 213 00:14:35,190 --> 00:14:40,509 Your Honor, this is an ex parte motion seeking a restraining order to enjoin 214 00:14:40,510 --> 00:14:42,980 Stacey Halford from terminating her pregnancy. 215 00:14:43,510 --> 00:14:44,710 What did you just say? 216 00:14:45,280 --> 00:14:49,019 My client entered into a surrogacy contract with this woman. She became 217 00:14:49,020 --> 00:14:52,919 impregnated through in vitro fertilization, and now she's endeavoring 218 00:14:52,920 --> 00:14:56,890 terminate the seven -week pregnancy, and we are asking the court to intervene. 219 00:14:56,900 --> 00:14:59,940 Well, there's an obscure case called Roe v. 220 00:14:59,941 --> 00:15:03,579 Wade. It has nothing to do with it, Your Honor. She may have a right to an 221 00:15:03,580 --> 00:15:07,340 abortion, but she waived it when she entered into the surrogacy contract. 222 00:15:07,360 --> 00:15:08,740 there's no health risk here. 223 00:15:09,060 --> 00:15:11,590 We're entitled to an enforcement of the contract. 224 00:15:12,010 --> 00:15:16,489 Well, if a woman wants to have an abortion... Her body, her right. Yes, we 225 00:15:16,490 --> 00:15:21,029 know the slogan, but this woman leased out her body for $12 ,000. She no longer 226 00:15:21,030 --> 00:15:22,080 has that privilege. 227 00:15:22,610 --> 00:15:24,810 And I would submit, what about his rights? 228 00:15:25,570 --> 00:15:26,830 He went through in vitro. 229 00:15:27,370 --> 00:15:29,450 He took drugs to boost his sperm count. 230 00:15:29,670 --> 00:15:32,010 His child is in that womb. 231 00:15:32,910 --> 00:15:34,170 What about his rights? 232 00:15:34,690 --> 00:15:38,610 I can't force a woman to carry a baby to term. Of course you can, Your Honor. 233 00:15:38,611 --> 00:15:42,779 The law already does that. A woman in third trimester, she seeks an abortion, 234 00:15:42,780 --> 00:15:46,700 the court says no. The law mandates that she carry the baby to term. 235 00:15:47,480 --> 00:15:49,950 That's a third trimester fetus, which is viable. 236 00:15:50,300 --> 00:15:52,100 This pregnancy is only seven weeks. 237 00:15:52,480 --> 00:15:56,519 Yes, Your Honor, but the point is that the courts can and do force women to 238 00:15:56,520 --> 00:15:58,139 children in some circumstances. 239 00:15:58,140 --> 00:15:59,190 It's done. 240 00:15:59,400 --> 00:16:03,700 Well, this is another circumstance where they and you could do it. 241 00:16:04,260 --> 00:16:08,060 We're not asking you to take away her Roe v. Wade right. 242 00:16:08,720 --> 00:16:12,799 We maintain she already gave it away. We're simply asking you to enforce the 243 00:16:12,800 --> 00:16:13,850 contract. 244 00:16:15,140 --> 00:16:18,450 I want to hear from the woman and her attorney before I do anything. 245 00:16:18,500 --> 00:16:22,079 Well, what if she decides to... I'll give you a one -day temporary 246 00:16:22,080 --> 00:16:24,190 order. We'll have a full hearing tomorrow. 247 00:16:24,240 --> 00:16:25,290 Adjourned. 248 00:16:26,100 --> 00:16:27,760 What the hell could be next? 249 00:16:28,720 --> 00:16:30,420 Will I get slaughtered? 250 00:16:31,140 --> 00:16:34,500 The law's on your side, at least for now. But Scalia... 251 00:16:35,100 --> 00:16:39,399 Rehnquist, Thomas, probably even O 'Connor, are looking for any excuse to 252 00:16:39,400 --> 00:16:40,450 rid of Miranda. 253 00:16:40,840 --> 00:16:42,780 This is a perfect case for them. 254 00:16:42,980 --> 00:16:45,280 A drifter kills an innocent teenager. 255 00:16:46,460 --> 00:16:48,420 It would be a very popular decision. 256 00:16:49,140 --> 00:16:51,000 Scalia, you have to be really careful. 257 00:16:51,080 --> 00:16:54,260 He is brilliant, but he can get very testy. 258 00:16:54,540 --> 00:16:59,679 He's gifted at trapping lawyers, and he loves to watch a lawyer squirm a little 259 00:16:59,680 --> 00:17:02,120 bit. Well, what about those on my side? 260 00:17:02,580 --> 00:17:04,080 Won't they come to my defense? 261 00:17:04,800 --> 00:17:07,870 Ginsburg, Stevens are probably going to be your best allies. 262 00:17:07,871 --> 00:17:11,459 But tomorrow, they're not going to help you one bit. You're all alone. 263 00:17:11,460 --> 00:17:14,760 There's only one person who can fight off Scalia, and that's you. 264 00:17:19,839 --> 00:17:20,889 You okay? 265 00:17:23,880 --> 00:17:26,940 When I'm nervous, I get winded. 266 00:17:27,800 --> 00:17:32,179 Recently, I was diagnosed with multiple sclerosis. Maybe I could play it for 267 00:17:32,180 --> 00:17:34,530 sympathy. That would not be a good idea. 268 00:17:35,170 --> 00:17:36,220 Just a thought. 269 00:17:36,970 --> 00:17:38,610 Rehnquist has a bad back. 270 00:17:38,611 --> 00:17:42,029 Sometimes he just gets up in the middle of argument and walks behind the curtain 271 00:17:42,030 --> 00:17:44,200 just a stretch. Don't let that throw you off. 272 00:17:44,290 --> 00:17:46,970 Remember, you must always call him Mr. 273 00:17:47,410 --> 00:17:51,650 Chief Justice. Not judge, not your honor, not justice. 274 00:17:51,890 --> 00:17:53,490 You must call him Mr. 275 00:17:53,830 --> 00:17:54,880 Chief Justice. 276 00:17:56,190 --> 00:17:57,750 Nixon called him wrench bike. 277 00:17:58,330 --> 00:17:59,690 Nixon made mistakes. 278 00:18:00,290 --> 00:18:01,340 Now, Thomas. 279 00:18:01,341 --> 00:18:03,549 Thomas you don't have to worry about tomorrow. 280 00:18:03,550 --> 00:18:09,229 He never asks a single question. If you want to win over Thomas, just win over 281 00:18:09,230 --> 00:18:12,090 Scalia. Thomas always follows Scalia. 282 00:18:12,990 --> 00:18:17,990 Ginsburg. She asks sculpted, word -perfect questions. 283 00:18:18,270 --> 00:18:19,930 But listen carefully. 284 00:18:20,410 --> 00:18:21,460 She's a nitpicker. 285 00:18:22,090 --> 00:18:23,140 One more thing. 286 00:18:24,450 --> 00:18:28,930 Don't lecture them on the law. After all, they wrote the law. 287 00:18:29,560 --> 00:18:32,020 Where your advantage lies is in the facts. 288 00:18:32,280 --> 00:18:34,720 You were at the trial. They weren't at the trial. 289 00:18:34,960 --> 00:18:40,459 Play up the facts. If you can persuade the justices that you know more about 290 00:18:40,460 --> 00:18:44,939 facts than they do, it's going to help you on your credibility regarding the 291 00:18:44,940 --> 00:18:45,990 law. 292 00:18:47,540 --> 00:18:50,620 Let me see if I got it right. Let's see if I got it right. 293 00:18:51,440 --> 00:18:53,680 Watch out for Scalia and Rehnquist. 294 00:18:54,480 --> 00:18:55,980 Play up the facts. 295 00:18:57,130 --> 00:19:00,150 Pay no attention to that man behind the curtain. 296 00:19:00,610 --> 00:19:03,090 Oh, don't bother with Thomas. 297 00:19:03,730 --> 00:19:06,070 And leave out multiple sclerosis. 298 00:19:06,670 --> 00:19:09,410 Is there anything else? 299 00:19:09,930 --> 00:19:11,610 Yes, Mr. Wombo, one more thing. 300 00:19:11,890 --> 00:19:15,690 I don't want to make you nervous, but this is a really important case. 301 00:19:16,010 --> 00:19:19,630 Not only for your client, but for the civil liberties of all Americans. 302 00:19:19,910 --> 00:19:20,990 So the stakes are high. 303 00:19:21,910 --> 00:19:23,410 Constitutional protections. 304 00:19:23,550 --> 00:19:27,849 police procedures, and accordingly the pressure on you is very great. But 305 00:19:27,850 --> 00:19:28,900 up for it. 306 00:19:29,030 --> 00:19:30,080 One thing. 307 00:19:30,290 --> 00:19:31,340 Tomorrow. 308 00:19:31,670 --> 00:19:32,720 Douglas. 309 00:19:33,310 --> 00:19:34,590 Be yourself. 310 00:19:35,310 --> 00:19:37,730 Don't try to be something you're not. 311 00:19:38,410 --> 00:19:40,290 You're going to do just great. 312 00:19:40,630 --> 00:19:41,680 Zag is in. 313 00:19:46,350 --> 00:19:48,010 We're locking up in 20 minutes. 314 00:19:48,610 --> 00:19:50,130 I won't be here that long. 315 00:20:01,390 --> 00:20:02,770 Give me a second, Kimberly. 316 00:20:16,450 --> 00:20:17,500 John. 317 00:20:18,990 --> 00:20:20,040 Yeah. 318 00:20:20,430 --> 00:20:22,420 Kind of want to get the feel of the place. 319 00:20:24,210 --> 00:20:25,870 Tomorrow, it all happens. 320 00:20:26,470 --> 00:20:28,350 I hope I don't embarrass myself. 321 00:20:29,350 --> 00:20:30,400 Doug. 322 00:20:30,980 --> 00:20:33,240 You've earned the right to be in this court. 323 00:20:34,120 --> 00:20:36,620 You made that appeal. You deserve to be here. 324 00:20:37,260 --> 00:20:38,310 Thank you. 325 00:20:39,300 --> 00:20:40,500 You're going to be great. 326 00:20:41,520 --> 00:20:45,520 Make no mistake, I plan to kick your ass, but I'll be cheering for you, too. 327 00:20:46,820 --> 00:20:47,880 And me for you. 328 00:20:51,280 --> 00:20:52,330 We are here. 329 00:20:52,980 --> 00:20:54,840 We are actually here. 330 00:21:20,780 --> 00:21:25,479 The Honorable, the Chief Justice and Associate Justices of the Supreme Court 331 00:21:25,480 --> 00:21:26,530 the United States. 332 00:21:27,860 --> 00:21:29,740 Oyez, oyez, oyez. 333 00:21:30,120 --> 00:21:34,339 All persons having business before the Honorable Supreme Court of the United 334 00:21:34,340 --> 00:21:38,419 States are admonished to draw near and give their attention for the court is 335 00:21:38,420 --> 00:21:42,260 sitting. God save the United States and this Honorable Court. 336 00:22:00,620 --> 00:22:06,080 We will hear arguments in people of Wisconsin versus Brian Latham. 337 00:22:07,140 --> 00:22:08,700 Mr. Wombau, you may proceed. 338 00:22:19,660 --> 00:22:20,710 Mr. 339 00:22:21,180 --> 00:22:27,120 Chief Justice, may it please the court, I waited 51 years to get on this stage. 340 00:22:28,020 --> 00:22:29,940 In that case, we'll give you 30 minutes. 341 00:22:32,080 --> 00:22:36,240 I represent Brian Latham on the appeal of his first -degree murder conviction, 342 00:22:36,500 --> 00:22:42,320 which conviction resulted from a statement obtained by unconstitutional 343 00:22:42,960 --> 00:22:49,459 In Minnick v. Mississippi, this court held, when counsel is requested by the 344 00:22:49,460 --> 00:22:56,299 accused, all interrogation must cease, and police may not reinitiate 345 00:22:56,300 --> 00:22:59,860 any interrogation later after the lawyer is gone. 346 00:23:00,780 --> 00:23:02,560 And that's what happened here. 347 00:23:03,800 --> 00:23:08,920 After I was gone, Deputy Lacus asked my client to tell him where the body was. 348 00:23:09,600 --> 00:23:12,900 It was an unconstitutional interrogation. 349 00:23:12,901 --> 00:23:17,079 Are you saying that after the accused says he wants his lawyer, the police 350 00:23:17,080 --> 00:23:18,340 even talk to him anymore? 351 00:23:18,400 --> 00:23:22,479 The deputy can't even say, hey, how's the weather, unless the attorney is 352 00:23:22,480 --> 00:23:27,839 present? What I'm saying, Justice Scalia, is that he can't reinitiate an 353 00:23:27,840 --> 00:23:28,890 interrogation. 354 00:23:29,480 --> 00:23:33,260 How is the weather is not an interrogation, except maybe in New 355 00:23:33,740 --> 00:23:35,320 Tell me where the body is. 356 00:23:35,880 --> 00:23:37,220 That's an interrogation. 357 00:23:37,900 --> 00:23:39,480 Suppose I were arrested. 358 00:23:40,180 --> 00:23:41,620 I ask for my lawyer. 359 00:23:42,120 --> 00:23:44,860 Then the police reinitiate an interrogation. 360 00:23:45,840 --> 00:23:50,840 As a matter of law, I would have no capacity for a voluntary statement. 361 00:23:52,140 --> 00:23:53,460 Under Minnick, no. 362 00:23:54,090 --> 00:23:58,029 It would be impossible for the Chief Justice of the Supreme Court to 363 00:23:58,030 --> 00:24:01,400 waive his right to a lawyer if the police initiated the encounter? 364 00:24:01,910 --> 00:24:03,510 Yes, that's the law. 365 00:24:04,210 --> 00:24:06,470 Well, that seems absurd, Mr. Wambaugh. 366 00:24:07,270 --> 00:24:08,690 Maybe Minnick is bad law. 367 00:24:09,330 --> 00:24:11,590 Oh, it's Supreme Court precedent. 368 00:24:12,170 --> 00:24:14,070 I would submit, Mr. Renshberg. 369 00:24:14,370 --> 00:24:15,790 No, I mean Mr. 370 00:24:16,230 --> 00:24:17,810 Rehnquist. Mr. 371 00:24:18,030 --> 00:24:23,229 Chief Justice, sometimes I mispronounce names on account of my multiple 372 00:24:23,230 --> 00:24:24,280 sclerosis. 373 00:24:24,901 --> 00:24:31,609 Quiet down, everybody. Quiet. I want it on the record that I'm making no 374 00:24:31,610 --> 00:24:36,689 backdoor negotiations. It'll be on the record. I just want to do this in here 375 00:24:36,690 --> 00:24:37,830 protect their privacy. 376 00:24:37,930 --> 00:24:41,609 She has a constitutional right. There is no such express right in the 377 00:24:41,610 --> 00:24:45,400 Constitution. Which entitles her to an abortion without his consent. Quiet. 378 00:24:45,480 --> 00:24:47,800 How can you even entertain such emotion? 379 00:24:48,380 --> 00:24:49,860 Because I'm a funny guy. 380 00:24:50,720 --> 00:24:55,219 Fathers can't prevent abortions. The Supreme Court has said so. The Supreme 381 00:24:55,220 --> 00:25:00,039 Court also says that a constitutional right can be waived. The Latham case 382 00:25:00,040 --> 00:25:03,579 on this very minute. The issue being whether the defendant waived his 383 00:25:03,580 --> 00:25:08,659 constitutional right to counsel. If he waived it, he loses it. The very same 384 00:25:08,660 --> 00:25:09,920 principle is at work here. 385 00:25:10,080 --> 00:25:14,100 She made no such waiver. She promised to carry that baby to term. So what? 386 00:25:14,101 --> 00:25:16,019 You want specific performance? 387 00:25:16,020 --> 00:25:18,879 Come on, did you go to law school? I'll choose my own legal remedies. 388 00:25:18,880 --> 00:25:21,050 Thank you very much. Why are you doing this? 389 00:25:21,260 --> 00:25:22,340 I said quiet. 390 00:25:22,840 --> 00:25:23,890 Why are you? 391 00:25:24,620 --> 00:25:25,670 All right. 392 00:25:25,740 --> 00:25:29,800 First, is there any dispute that it's his child? 393 00:25:31,200 --> 00:25:32,250 No. 394 00:25:32,380 --> 00:25:36,180 And Carter, are you sure you want to challenge her on this? 395 00:25:36,860 --> 00:25:37,910 I'm sure. 396 00:25:38,420 --> 00:25:39,640 This is ridiculous. 397 00:25:40,360 --> 00:25:45,000 Lady. It usually takes me a full five minutes to dislike somebody. 398 00:25:45,440 --> 00:25:46,520 I'm ahead of schedule. 399 00:25:48,280 --> 00:25:50,140 All right, I'm going to review the law. 400 00:25:50,180 --> 00:25:51,840 The law is very clear. 401 00:25:52,080 --> 00:25:56,420 The Constitution provides... The Constitution is silent on this matter. 402 00:25:57,120 --> 00:26:02,439 The right to an abortion is only as clear as the nine justices sitting on 403 00:26:02,440 --> 00:26:03,319 Supreme Court. 404 00:26:03,320 --> 00:26:05,430 Do you know who's sitting up there today? 405 00:26:07,720 --> 00:26:10,130 Didn't you meet with your client, Mr. Wambaugh? 406 00:26:10,980 --> 00:26:12,030 Yes, I did. 407 00:26:12,080 --> 00:26:15,540 And didn't you apprise him of the risk of speaking with police? 408 00:26:15,960 --> 00:26:17,010 Of course. 409 00:26:17,180 --> 00:26:20,939 In fact, I suspect, as a good lawyer would, you gave him a rather explicit 410 00:26:20,940 --> 00:26:24,660 warning, and that you caused your client to understand his right. 411 00:26:24,661 --> 00:26:28,859 So why shouldn't we find his statement here to be a voluntary waiver of his 412 00:26:28,860 --> 00:26:29,910 right to counsel? 413 00:26:30,000 --> 00:26:31,520 Because he was coerced. 414 00:26:32,040 --> 00:26:36,859 Deputy Lackus knew my client was a devout Catholic, and he preyed upon my 415 00:26:36,860 --> 00:26:39,510 client's Christian sympathies to get information. 416 00:26:40,200 --> 00:26:42,360 Is it your position, Mr. 417 00:26:42,560 --> 00:26:48,559 Wamba, that the incorporation of religion into a line of questioning 418 00:26:48,560 --> 00:26:54,520 that any response per se as a matter of law could not be deemed to be voluntary? 419 00:26:55,850 --> 00:27:01,829 Or is it your position that in this particular encounter, given the 420 00:27:01,830 --> 00:27:07,230 hypersensitivity of the accused, that as a matter of fact, Mr. 421 00:27:07,470 --> 00:27:11,190 Latham's response could not be regarded as voluntary? 422 00:27:11,550 --> 00:27:15,130 I would ask you to repeat the question, but my time would be up. 423 00:27:19,590 --> 00:27:20,710 I'm a character. 424 00:27:21,330 --> 00:27:24,910 I would submit that in this particular incident. 425 00:27:25,470 --> 00:27:28,250 Mr. Latham's response was not voluntary. 426 00:27:29,590 --> 00:27:35,169 Minnick says, as a matter of law, the statement is automatically involuntary 427 00:27:35,170 --> 00:27:37,410 when the police reinitiate the encounter. 428 00:27:38,010 --> 00:27:40,540 Well, how would the police ever get a confession? 429 00:27:41,230 --> 00:27:43,880 Almost every suspect immediately asks for a lawyer. 430 00:27:44,470 --> 00:27:48,849 If he's not allowed to change his mind, if the police aren't even allowed to ask 431 00:27:48,850 --> 00:27:53,070 him if he wants to change his mind, how are we to obtain valid admissions? 432 00:27:53,880 --> 00:27:56,480 Well, I'm concerned today about the invalid ones. 433 00:27:57,220 --> 00:28:00,240 Why shouldn't we apply an objective test for each case? 434 00:28:00,960 --> 00:28:04,700 If the waiver is voluntary, let it in. If it feels coerced, keep it out. 435 00:28:05,620 --> 00:28:08,120 Why apply this absolute restriction? 436 00:28:08,660 --> 00:28:10,440 Because we need the absolute. 437 00:28:10,940 --> 00:28:16,340 We need a prophylactic that gives 100 % assurance against coerced confessions. 438 00:28:16,480 --> 00:28:19,280 If you give the police any margin, they'll abuse it. 439 00:28:19,700 --> 00:28:21,740 That is a pretty sweeping indictment. 440 00:28:22,330 --> 00:28:25,730 Well, Your Honor, I don't mean to suggest policemen are bad people. 441 00:28:26,310 --> 00:28:29,370 I personally know the arresting officers in this case. 442 00:28:29,930 --> 00:28:33,690 Officers Maxine Stewart and Kenny Lockers. People I admire. 443 00:28:34,510 --> 00:28:39,030 But they're caught up in a system and a society that is gripped with fear. 444 00:28:39,630 --> 00:28:44,830 And when afraid enough, scared people become willing to suspend civil rights. 445 00:28:45,650 --> 00:28:49,530 It's going on all over this country. It went on in this trial. 446 00:28:50,110 --> 00:28:53,909 when Judge Bone stood up and said, I don't give a damn what the Supreme Court 447 00:28:53,910 --> 00:28:56,170 says. The hell with his right to counsel. 448 00:28:56,390 --> 00:28:57,650 Well, that's what he said. 449 00:28:58,010 --> 00:29:02,469 And he said, if the Supreme Court has a problem with that, they can come and get 450 00:29:02,470 --> 00:29:03,520 him. 451 00:29:03,630 --> 00:29:08,229 And the people of Rome, enlightened people, good people, they stood on their 452 00:29:08,230 --> 00:29:11,840 feet and cheered Judge Bone when he said, to hell with the Constitution. 453 00:29:11,950 --> 00:29:13,000 They cheered. 454 00:29:13,810 --> 00:29:15,870 That's what's going on in America today. 455 00:29:16,150 --> 00:29:17,410 People are afraid. 456 00:29:18,270 --> 00:29:22,030 There's pressure on the police to do everything to catch the bad guys. 457 00:29:22,250 --> 00:29:27,570 And they are doing everything, including crossing constitutional barriers. 458 00:29:28,330 --> 00:29:30,770 That's why we need the Supreme Court. 459 00:29:31,530 --> 00:29:36,110 When the police go too far, that's where you come in. 460 00:29:36,450 --> 00:29:38,430 Well, they went too far in this case. 461 00:29:38,670 --> 00:29:41,530 They denied Brian Latham his constitutional rights. 462 00:29:42,210 --> 00:29:44,510 So this is where you come in. 463 00:29:55,980 --> 00:29:57,030 Hi. Hi. 464 00:30:04,740 --> 00:30:07,870 I've been thinking about how all of this is none of my business. 465 00:30:08,700 --> 00:30:10,690 And I know that I should leave you alone. 466 00:30:12,400 --> 00:30:16,939 But then it occurred to me that maybe the reason that you're doing this is 467 00:30:16,940 --> 00:30:18,280 because you're so alone. 468 00:30:22,520 --> 00:30:24,500 Surrogacy is an extreme step, Carter. 469 00:30:24,501 --> 00:30:29,839 Going to court to enforce that I'm not gonna lie to you. I'm worried about you 470 00:30:29,840 --> 00:30:35,819 What it's so crazy that I would like to have a child That I want to share in the 471 00:30:35,820 --> 00:30:42,479 experience of parenting like Every good I 472 00:30:42,480 --> 00:30:47,879 Know I could adopt maybe I will someday but I wanted my own flesh and blood to 473 00:30:47,880 --> 00:30:53,920 you know carry on the pike name I'm 38 Joe 474 00:30:54,600 --> 00:30:57,250 I can cling to the idea that maybe I'll meet somebody. 475 00:30:57,880 --> 00:30:59,260 Have children together. 476 00:31:00,800 --> 00:31:02,850 But I also have to recognize the reality. 477 00:31:03,040 --> 00:31:04,090 I'm 38. 478 00:31:05,380 --> 00:31:08,340 And I've never been in a relationship with anybody. Never. 479 00:31:09,040 --> 00:31:10,140 I didn't know that. 480 00:31:11,660 --> 00:31:14,019 Yeah, well, it's not something I... 481 00:31:14,020 --> 00:31:20,939 Look, I'm not denying how ridiculous 482 00:31:20,940 --> 00:31:22,480 this is, doing what I'm doing. 483 00:31:22,720 --> 00:31:26,439 But... What's that old saying? Behind every desperate act, you'll find a 484 00:31:26,440 --> 00:31:27,490 desperate man. 485 00:31:28,480 --> 00:31:30,360 You're not a desperate man, Carter. 486 00:31:32,060 --> 00:31:36,540 I have nobody in my life to love, Jill. What does that make me if not desperate? 487 00:31:41,580 --> 00:31:43,120 This was no interrogation. 488 00:31:43,860 --> 00:31:45,860 Deputy Locos volunteered to leave. 489 00:31:46,640 --> 00:31:50,040 Brian Latham at least implicitly consented to the conversation. 490 00:31:50,340 --> 00:31:52,450 And that's what this was, a conversation. 491 00:31:53,420 --> 00:31:57,320 There was no accusation, no attempt to elicit incriminating evidence. 492 00:31:57,640 --> 00:31:58,880 Simply a question. 493 00:31:59,440 --> 00:32:02,000 Do you know where we might find Susan Ingram? 494 00:32:03,160 --> 00:32:07,619 To categorize that as an interrogation, to say it rises to the level of 495 00:32:07,620 --> 00:32:10,000 coercion, is completely contrary to fact. 496 00:32:10,480 --> 00:32:14,179 You're maintaining that Minnick doesn't apply because this isn't an 497 00:32:14,180 --> 00:32:16,259 interrogation. That's correct, Your Honor. 498 00:32:16,260 --> 00:32:20,220 Counsel, he asks the suspect to point him to the body. 499 00:32:21,040 --> 00:32:22,090 Suspect tells him. 500 00:32:22,091 --> 00:32:26,239 It's a pretty incriminating answer, and exactly the kind of answer that the 501 00:32:26,240 --> 00:32:27,380 deputy was looking for. 502 00:32:27,640 --> 00:32:31,800 I maintain that Deputy Locco's intent was not to elicit incriminating 503 00:32:31,940 --> 00:32:36,859 It doesn't matter. If the police ask a question that can reasonably elicit an 504 00:32:36,860 --> 00:32:39,440 incriminating answer, it's an interrogation. 505 00:32:39,441 --> 00:32:42,499 You're familiar with Rhode Island versus Ennis? 506 00:32:42,500 --> 00:32:43,550 Yes, I am. 507 00:32:43,940 --> 00:32:45,740 Then how did you get around Minnick? 508 00:32:46,480 --> 00:32:50,999 The law says that you cannot re -interrogate after the accused makes a 509 00:32:51,000 --> 00:32:52,050 for counsel. 510 00:32:52,430 --> 00:32:54,810 Which is exactly what Deputy Lacoste did. 511 00:32:55,790 --> 00:32:57,110 How do you get around that? 512 00:32:58,070 --> 00:33:00,850 Are you suggesting Minnick doesn't apply? 513 00:33:01,690 --> 00:33:04,290 Or are you advocating that we overturn Minnick? 514 00:33:07,810 --> 00:33:12,710 I am suggesting to this court that Minnick be overturned. 515 00:33:13,890 --> 00:33:15,790 This court erred in Minnick v. 516 00:33:16,010 --> 00:33:17,060 Mississippi. 517 00:33:20,790 --> 00:33:21,840 Well. 518 00:33:23,400 --> 00:33:24,480 Isn't that exciting? 519 00:33:24,600 --> 00:33:27,780 Mr. Chief Justice, you yourself flagged the problem. 520 00:33:28,260 --> 00:33:31,210 It's become impossible for the police to get a confession. 521 00:33:31,700 --> 00:33:36,039 Now, the point of Miranda and all these prophylactic protections is to guard 522 00:33:36,040 --> 00:33:38,140 against compulsory self -incrimination. 523 00:33:38,960 --> 00:33:41,460 We want defendants to know their legal rights. 524 00:33:41,900 --> 00:33:45,160 We want their statements to be intentional and voluntary. 525 00:33:46,840 --> 00:33:50,340 Minnick has distorted this protection to a ridiculous extreme. 526 00:33:51,060 --> 00:33:56,269 It establishes... A systematic formula that can result in a complete travesty, 527 00:33:56,270 --> 00:33:58,730 not only of justice, but of common sense. 528 00:33:59,970 --> 00:34:05,049 To hold as a matter of law a suspect can't change his mind about having 529 00:34:05,050 --> 00:34:06,100 in the room? 530 00:34:06,270 --> 00:34:11,149 To say he automatically lacks capacity to make voluntary statements? Nothing in 531 00:34:11,150 --> 00:34:13,620 the Constitution supports this type of premise. 532 00:34:13,730 --> 00:34:19,129 Nothing. These are court -articulated protections that have expanded into 533 00:34:19,130 --> 00:34:20,650 constitutional fairyland. 534 00:34:21,290 --> 00:34:25,488 If you want to stretch a ruling on Minnick to its most illogical extreme, 535 00:34:25,489 --> 00:34:27,510 need look no further than this case. 536 00:34:28,650 --> 00:34:33,130 Brian Latham was a sane, competent man who knew his legal rights. 537 00:34:33,750 --> 00:34:35,210 He had been given Miranda. 538 00:34:36,130 --> 00:34:38,070 He had been warned by his lawyer. 539 00:34:39,429 --> 00:34:43,750 Take a look at those trial transcripts. This man's testimony was precise. 540 00:34:44,210 --> 00:34:46,630 He clearly knew what words to choose. 541 00:34:47,670 --> 00:34:49,810 His statement to Kenny Locco... 542 00:34:50,010 --> 00:34:53,750 was knowing, intentional, and voluntary. 543 00:34:54,150 --> 00:34:59,209 And we are applying an automatic formula to redefine it as involuntary and throw 544 00:34:59,210 --> 00:35:00,260 it out. 545 00:35:00,890 --> 00:35:04,560 Well, if the Minnick test results in such an atrocious rape of the simple 546 00:35:04,690 --> 00:35:06,310 then Minnick should be reversed. 547 00:35:07,670 --> 00:35:10,570 Suppose the suspect is not so savvy as Mr. Latham. 548 00:35:11,050 --> 00:35:12,710 Maybe he's more easily tricked. 549 00:35:13,790 --> 00:35:16,920 How do we prevent the police from exploiting that situation? 550 00:35:17,990 --> 00:35:20,790 Maybe the best way is simply to draw an absolute. 551 00:35:21,370 --> 00:35:24,070 If he asks for a lawyer, stay away. 552 00:35:25,170 --> 00:35:26,330 That's simple counsel. 553 00:35:27,610 --> 00:35:30,990 Why can't the police just stay away until the lawyer gets there? 554 00:35:32,970 --> 00:35:37,809 We can err too much on trusting the police, I guess, or on trusting them too 555 00:35:37,810 --> 00:35:38,860 little. 556 00:35:39,570 --> 00:35:45,010 Which error, in your opinion, would be more consistent with our Constitution? 557 00:35:50,990 --> 00:35:53,160 I don't think you need to make either error. 558 00:35:53,690 --> 00:35:58,729 I think your ruling should trust law and order and trust that the underlying 559 00:35:58,730 --> 00:36:01,710 intent of the Constitution is to ensure a free nation. 560 00:36:02,670 --> 00:36:04,490 Crime is making us all less free. 561 00:36:05,490 --> 00:36:09,549 Now, the Constitution is certainly there to protect the guilty as well as the 562 00:36:09,550 --> 00:36:11,050 innocent. I don't dispute that. 563 00:36:11,150 --> 00:36:15,430 But the objective of the Constitution is not to set the guilty free. 564 00:36:17,330 --> 00:36:19,710 The people of this country need to know that. 565 00:36:20,940 --> 00:36:23,300 They need to hear that from this court today. 566 00:36:53,070 --> 00:36:56,500 Please step back, sir. I won't let you back. Take your hands off me. Hey! 567 00:36:57,230 --> 00:36:58,280 What's your name? 568 00:36:58,730 --> 00:37:00,010 My name is Michael Duffy. 569 00:37:02,950 --> 00:37:04,430 Never hit me, Mr. Duffy. 570 00:37:07,970 --> 00:37:14,569 She contracted away her right to an abortion. She gave it away when she 571 00:37:14,570 --> 00:37:17,659 into the surrogacy agreement. Your Honor, that is completely without merit. 572 00:37:17,660 --> 00:37:22,299 Husbands have tried to sue mothers for emotional distress after abortion, but 573 00:37:22,300 --> 00:37:25,679 the courts threw out those cases. Why? Because there is no precedent. Those 574 00:37:25,680 --> 00:37:27,439 lower court decisions never ruled on at the appellate level. Excuse me, I would 575 00:37:27,440 --> 00:37:30,450 like to finish my office. Will you let me finish? I'll finish. 576 00:37:34,000 --> 00:37:35,080 Excuse me, Your Honor. 577 00:37:37,720 --> 00:37:38,770 Could I be heard? 578 00:37:39,380 --> 00:37:40,680 It would be refreshing. 579 00:37:41,840 --> 00:37:43,820 Let's have the lawyers take their seats. 580 00:37:49,791 --> 00:37:56,999 I'm not going to get into the abortion debate, whether the fetus is a life or 581 00:37:57,000 --> 00:37:59,650 not. I know that it's a legal question for the lawyers. 582 00:38:00,660 --> 00:38:07,259 I also know that it's a woman's personal choice as to whether she considers it a 583 00:38:07,260 --> 00:38:08,310 life or not. 584 00:38:12,540 --> 00:38:19,539 I would just like to say that the father, it's my personal belief that 585 00:38:19,540 --> 00:38:21,400 it is a life, that it's my child. 586 00:38:22,350 --> 00:38:25,510 And that is why I feel I must try to save it. 587 00:38:27,970 --> 00:38:34,850 I also know, according to the Supreme Court, 588 00:38:34,890 --> 00:38:38,470 I, as the father, have no rights here. 589 00:38:39,110 --> 00:38:40,370 Legally, I'm irrelevant. 590 00:38:40,910 --> 00:38:42,170 And I think that's wrong. 591 00:38:44,150 --> 00:38:48,489 Without completely vitiating pro -choice, we should find some way to give 592 00:38:48,490 --> 00:38:50,330 father some rights. After all, it's... 593 00:38:50,990 --> 00:38:52,040 My child. 594 00:38:54,130 --> 00:38:58,030 Before the Supreme Court can address this question, the case has to get 595 00:38:58,110 --> 00:39:02,529 And in order for that to happen, we need some brave trial court judge who's 596 00:39:02,530 --> 00:39:07,130 willing to make a ruling that putative fathers do count in this decision. 597 00:39:08,610 --> 00:39:13,589 I've listened to your rulings for years, and I don't know any judge who has more 598 00:39:13,590 --> 00:39:14,640 courage than you. 599 00:39:20,220 --> 00:39:27,219 I guess I'm asking for me and my 600 00:39:27,220 --> 00:39:28,270 child. 601 00:39:30,740 --> 00:39:33,620 I'm asking you to be the most brave you've ever been. 602 00:39:59,850 --> 00:40:00,900 I need five minutes. 603 00:40:20,150 --> 00:40:21,870 Spent too much time on minutes. 604 00:40:22,650 --> 00:40:25,360 Should have gone more to Brewer, played up the course. 605 00:40:25,650 --> 00:40:26,750 You got him, Brewer. 606 00:40:27,550 --> 00:40:28,890 How soon before they rule? 607 00:40:29,520 --> 00:40:32,230 There's no telling. Could be quick, could take months. 608 00:40:34,880 --> 00:40:36,700 I can't believe I said it. 609 00:40:37,120 --> 00:40:38,170 Rentschberg. 610 00:40:39,880 --> 00:40:41,760 Mr. Wombat, you were fantastic. 611 00:40:43,340 --> 00:40:44,390 I was? 612 00:40:45,240 --> 00:40:49,020 You stood up in the Supreme Court and were equal to nine judges. 613 00:40:50,360 --> 00:40:52,200 I couldn't believe how good you were. 614 00:40:54,100 --> 00:40:56,260 I wish Miriam could have seen it. 615 00:40:58,830 --> 00:41:00,690 I wish Brian Latham could have seen it. 616 00:41:03,490 --> 00:41:04,540 I saw it. 617 00:41:05,810 --> 00:41:07,270 I was very proud of you. 618 00:41:08,430 --> 00:41:12,290 Watching you fight the way you did, you made all lawyers proud. 619 00:41:16,450 --> 00:41:17,530 Thank you, Kimberly. 620 00:41:22,870 --> 00:41:24,010 And you did, too. 621 00:41:25,250 --> 00:41:26,300 Very much. 622 00:41:35,150 --> 00:41:36,200 Be seated. 623 00:41:48,890 --> 00:41:55,550 On pregnancy matters, Roe versus Wade gives all the rights to the mother. 624 00:41:56,150 --> 00:41:59,010 The father has none before viability. 625 00:41:59,890 --> 00:42:03,770 The waiver argument was a novel one, Mr. Dell, but... 626 00:42:04,190 --> 00:42:09,670 to enforce the contract claim to prevent a woman from terminating the pregnancy, 627 00:42:09,930 --> 00:42:12,950 that would be against public policy. 628 00:42:13,790 --> 00:42:20,089 The only way for me to grant Carter Pike's request would be to flat -out 629 00:42:20,090 --> 00:42:22,630 the Supreme Court, which I've done. 630 00:42:23,150 --> 00:42:27,470 One thing about being old, it can make you brave. 631 00:42:29,130 --> 00:42:30,950 But I'm not that brave, Carter. 632 00:42:33,230 --> 00:42:40,049 This case involves a baby, two parents, and a controversy 633 00:42:40,050 --> 00:42:42,970 that no judge can ever truly solve. 634 00:42:43,690 --> 00:42:47,910 The issue of abortion is a deeply personal one. 635 00:42:48,910 --> 00:42:54,570 I am neither wise nor brave enough to be Solomon. 636 00:42:57,830 --> 00:42:59,630 Plaintiff's petition denied. 637 00:43:01,670 --> 00:43:04,430 Miss Halford is free to terminate the pregnancy. 638 00:43:08,470 --> 00:43:09,520 Adjourned. 639 00:43:14,221 --> 00:43:15,829 They 640 00:43:15,830 --> 00:43:22,789 came at 641 00:43:22,790 --> 00:43:24,390 me, especially Scalia. 642 00:43:24,730 --> 00:43:27,930 But I fought them, Brian. I fought them with all I had. 643 00:43:28,430 --> 00:43:29,480 When will they rule? 644 00:43:29,481 --> 00:43:33,299 Well, there's no telling, but it would be nice if those Reagan appointees could 645 00:43:33,300 --> 00:43:34,350 retire first. 646 00:43:34,800 --> 00:43:37,180 But the law is still on our side. 647 00:43:37,960 --> 00:43:39,040 Minnick is the key. 648 00:43:39,620 --> 00:43:42,870 Now, I ordered a transcript, so you'll be able to read every word. 649 00:43:43,660 --> 00:43:46,140 Douglas Wambo in the Supreme Court. 650 00:43:47,440 --> 00:43:48,740 I had a moment. 651 00:43:51,280 --> 00:43:53,020 Kimberly, what are you doing here? 652 00:43:53,500 --> 00:43:54,550 This came in. 653 00:44:04,780 --> 00:44:06,160 How could they rule so fast? 654 00:44:09,600 --> 00:44:10,650 What? 655 00:44:16,320 --> 00:44:17,620 They reversed Minnick. 656 00:44:18,080 --> 00:44:19,620 Our appeal was denied. 657 00:44:25,060 --> 00:44:26,140 What does it mean? 658 00:44:28,380 --> 00:44:29,430 What does it mean? 659 00:44:31,860 --> 00:44:32,910 It's over. 660 00:44:32,960 --> 00:44:34,010 We've lost. 661 00:44:35,950 --> 00:44:37,310 You said the law was with us. 662 00:44:38,050 --> 00:44:39,590 You said they'd follow the law. 663 00:44:41,210 --> 00:44:42,750 I don't know what to say. 664 00:44:44,510 --> 00:44:45,890 But the law just changed. 665 00:44:45,940 --> 00:44:50,490 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 53771

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