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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,000 --> 00:00:01,440 Previously on Picket Fences. 2 00:00:01,820 --> 00:00:04,220 The man may have killed a 16 -year -old girl. 3 00:00:04,980 --> 00:00:06,540 No polygraph. 4 00:00:07,080 --> 00:00:09,260 And I don't want you even talking to him. 5 00:00:09,720 --> 00:00:11,460 We've been looking everywhere for this girl. 6 00:00:12,180 --> 00:00:13,460 I didn't do anything. 7 00:00:14,220 --> 00:00:18,100 In the name of God, she deserves a Catholic funeral. 8 00:00:19,880 --> 00:00:21,280 Tell me someplace to go. 9 00:00:22,540 --> 00:00:23,540 Give me a hand. 10 00:00:31,110 --> 00:00:35,470 That statement was coerced without counsel. The statement was voluntary. 11 00:00:35,790 --> 00:00:39,330 Deputy Lacus prevailed on my client's Christian sympathies. 12 00:00:39,570 --> 00:00:42,830 Mr. Latham, you are going to trial. 13 00:00:43,170 --> 00:00:46,910 If the Supreme Court has a problem with that, they can come and get me. 14 00:00:47,110 --> 00:00:50,730 We find the defendant guilty as charged. 15 00:00:51,090 --> 00:00:56,090 This case is going to the Supreme Court. You and I are going to argue before the 16 00:00:56,090 --> 00:00:57,250 Supreme Court. 17 00:01:13,090 --> 00:01:14,570 Carter, come on in. 18 00:01:19,150 --> 00:01:20,990 Okay, very funny. 19 00:01:22,470 --> 00:01:23,970 Whose blood sample was this? 20 00:01:24,550 --> 00:01:25,550 Just give me the results. 21 00:01:25,790 --> 00:01:28,790 Carter? I don't have to tell you whose blood it was. I just asked you to do a 22 00:01:28,790 --> 00:01:30,770 simple test, so please, give me the results. 23 00:01:31,530 --> 00:01:33,490 You led me to believe this was your blood. 24 00:01:34,150 --> 00:01:35,710 Let's just assume that it is, Jill. 25 00:01:35,950 --> 00:01:37,110 Give me the results. 26 00:01:39,770 --> 00:01:40,770 Please? 27 00:01:41,190 --> 00:01:42,190 Okay. 28 00:01:42,950 --> 00:01:44,750 Congratulations, you're pregnant. 29 00:02:54,030 --> 00:02:55,970 I know you're good, Mr. Wambaugh. It isn't that. 30 00:02:56,270 --> 00:02:58,350 Brian, there is no way. 31 00:02:58,850 --> 00:03:01,430 No lawyer, F. Lee, Bailey, anybody. 32 00:03:01,810 --> 00:03:04,710 There's no way that anybody could be more prepared than me. 33 00:03:05,110 --> 00:03:07,390 But you don't believe I'm innocent. 34 00:03:07,750 --> 00:03:09,790 It really doesn't matter. It does to me. 35 00:03:12,810 --> 00:03:14,630 See, Mr. Wambaugh, you got it wrong. 36 00:03:15,790 --> 00:03:19,630 I don't want my lawyer to act like his life depends on it. 37 00:03:20,110 --> 00:03:23,050 I want the guy to act like my life depends on it. 38 00:03:23,310 --> 00:03:24,310 because it does. 39 00:03:25,230 --> 00:03:28,630 I want a lawyer who knows that I didn't do it. 40 00:03:29,330 --> 00:03:34,270 When those judges look at my lawyer, I want them to see it in his eyes that I 41 00:03:34,270 --> 00:03:35,270 didn't do it. 42 00:03:37,770 --> 00:03:39,570 Are you that lawyer, Mr. Wambaugh? 43 00:03:42,970 --> 00:03:45,650 I haven't been, but I will be. 44 00:03:53,420 --> 00:03:54,420 Go to Washington. 45 00:03:55,200 --> 00:03:56,680 But don't you dare go for you. 46 00:04:00,120 --> 00:04:01,120 Go for me. 47 00:04:05,600 --> 00:04:06,600 Positive. 48 00:04:07,040 --> 00:04:08,580 That means we're about seven weeks. 49 00:04:10,360 --> 00:04:12,180 I still can't believe it. 50 00:04:12,400 --> 00:04:15,140 I mean, I guess I just can't believe it. 51 00:04:16,339 --> 00:04:20,260 Okay, now, Stacy, your privacy concerns aside, you have to start making regular 52 00:04:20,260 --> 00:04:21,229 doctor appointments. 53 00:04:21,230 --> 00:04:22,330 And it's not too soon for an ultrasound. 54 00:04:22,630 --> 00:04:25,650 And I'm going to be wanting to do an amnio when the time comes, too, so... 55 00:04:25,650 --> 00:04:27,330 not get ahead of ourselves, Carter. 56 00:04:27,810 --> 00:04:28,810 I like to be thorough. 57 00:04:30,470 --> 00:04:31,790 Oh, God. 58 00:04:34,290 --> 00:04:35,290 I'm going to be a father. 59 00:04:36,370 --> 00:04:37,370 Yeah. 60 00:04:38,950 --> 00:04:39,950 Wow. 61 00:04:41,190 --> 00:04:43,090 I want to schedule an immediate checkup. 62 00:04:45,130 --> 00:04:46,130 Oh. 63 00:04:47,370 --> 00:04:50,530 I didn't mean to intrude. I just came to see you, Carter. 64 00:04:51,200 --> 00:04:52,540 You remember Stacy Halford? 65 00:04:52,760 --> 00:04:54,320 Stacy, this is Jill Brock. 66 00:04:55,060 --> 00:04:56,060 Hi. 67 00:04:56,620 --> 00:04:59,400 Well, congratulations, I guess. 68 00:04:59,960 --> 00:05:00,960 Thank you. 69 00:05:02,520 --> 00:05:03,980 Are you two together? 70 00:05:05,280 --> 00:05:06,500 No, we're not. 71 00:05:07,500 --> 00:05:09,840 But you plan to be parents together. 72 00:05:10,860 --> 00:05:13,500 I plan to be the parent. Stacy has agreed to be my surrogate. 73 00:05:14,220 --> 00:05:15,220 What? 74 00:05:16,020 --> 00:05:19,340 We did it in vitro. It was all scientific. Lots of people do it today. 75 00:05:19,700 --> 00:05:23,900 Oh, I know that, yes. I guess I'm just surprised. 76 00:05:25,420 --> 00:05:29,780 There are worse ways I can spend my time, I guess, than give somebody a 77 00:05:33,600 --> 00:05:34,600 What's wrong with that? 78 00:05:35,680 --> 00:05:38,100 Nothing, nothing. And it's certainly none of my business. 79 00:05:38,420 --> 00:05:39,740 Why don't we leave it at that, then? 80 00:05:41,900 --> 00:05:43,200 Okay. Okay. 81 00:05:48,620 --> 00:05:50,240 Me? I get to go? 82 00:05:50,730 --> 00:05:51,790 Of course, you're my assistant. 83 00:05:52,970 --> 00:05:54,710 I'm going to the Supreme Court? 84 00:05:55,030 --> 00:05:59,210 All those cases we copied, I want them alphabetized. I need to refer to them 85 00:05:59,210 --> 00:06:02,610 quickly. Brian Latham's life is in our hands. 86 00:06:03,410 --> 00:06:08,990 And don't forget to pack my oxygen tank. And if you see me start to wheeze, just 87 00:06:08,990 --> 00:06:09,990 whip it out. 88 00:06:10,070 --> 00:06:12,570 I've never been so nervous before. 89 00:06:13,310 --> 00:06:14,410 You're going to be great. 90 00:06:15,310 --> 00:06:17,570 I've never been so nervous before. 91 00:06:18,210 --> 00:06:19,290 Did I say this? 92 00:06:21,320 --> 00:06:23,200 I repeat myself when I get nervous. 93 00:06:24,440 --> 00:06:25,540 Did I say this? 94 00:06:26,220 --> 00:06:27,440 It's just another case. 95 00:06:27,960 --> 00:06:29,700 No, it's not just another case. 96 00:06:30,120 --> 00:06:33,060 Why would the Supreme Court agree to hear this so quickly? Something is up. 97 00:06:33,380 --> 00:06:34,380 What do you mean? 98 00:06:34,960 --> 00:06:38,520 There are two things on the rise in this country. Crime and police misconduct. 99 00:06:38,920 --> 00:06:42,700 Now, the court may have chosen this case as a test to squash one or the other. I 100 00:06:42,700 --> 00:06:43,700 just wish I knew which. 101 00:06:47,160 --> 00:06:48,160 When do you leave? 102 00:06:49,640 --> 00:06:50,640 Tomorrow morning. 103 00:06:51,150 --> 00:06:52,150 We argued Thursday. 104 00:06:54,030 --> 00:06:56,890 Shouldn't I go with you? It might help if the father of the victim was in the 105 00:06:56,890 --> 00:06:59,030 room. No, no, they would view that as manipulation. 106 00:07:00,150 --> 00:07:01,930 It's not wise to stunt with the Supreme Court. 107 00:07:03,230 --> 00:07:04,470 The highest court in the land. 108 00:07:05,250 --> 00:07:08,090 They may free the man who murdered my daughter because they don't like the way 109 00:07:08,090 --> 00:07:09,090 you caught him. 110 00:07:10,990 --> 00:07:11,990 Yes, sir. 111 00:07:13,850 --> 00:07:17,370 No offense, Mr. Littleton, I know you have talent, but shouldn't the Attorney 112 00:07:17,370 --> 00:07:18,970 General be handling it at this level? 113 00:07:21,080 --> 00:07:22,300 Are they sending me? 114 00:07:26,040 --> 00:07:27,040 Please don't lose. 115 00:07:46,120 --> 00:07:47,120 Carter? 116 00:07:47,840 --> 00:07:49,400 Stacy, hi. Come on in. 117 00:07:50,000 --> 00:07:50,999 Sit, sit. 118 00:07:51,000 --> 00:07:52,000 I can't. 119 00:07:52,260 --> 00:07:53,260 You can't fit? 120 00:07:53,980 --> 00:07:54,980 I can't. 121 00:07:59,920 --> 00:08:02,160 But it all seemed to make sense intellectually. 122 00:08:04,660 --> 00:08:07,260 Oh, Carter, we've become such good friends now. 123 00:08:09,320 --> 00:08:13,420 When you came to me and asked me, I don't think I've ever been more 124 00:08:15,540 --> 00:08:19,260 And to give life, what would be so wrong? 125 00:08:20,940 --> 00:08:22,000 What are you saying? 126 00:08:23,940 --> 00:08:25,000 It feels wrong. 127 00:08:26,840 --> 00:08:28,520 I'm not comfortable being a surrogate. 128 00:08:33,000 --> 00:08:34,240 Here's the check. 129 00:08:35,179 --> 00:08:36,440 I'm returning the money. 130 00:08:37,000 --> 00:08:38,260 Stacy, Stacy, what are you doing? 131 00:08:39,080 --> 00:08:40,640 I'm not going to have the baby, Carter. 132 00:08:42,880 --> 00:08:45,720 I know you're disappointed, but I just can't go through with it. 133 00:08:46,440 --> 00:08:47,480 We had an agreement. 134 00:08:48,080 --> 00:08:49,080 I know. 135 00:08:57,360 --> 00:08:58,920 except my deepest apologies. 136 00:09:17,680 --> 00:09:20,960 My brother -in -law's a travel agent. He always bumps me up. 137 00:09:21,700 --> 00:09:23,040 You'll have to thank him for it. 138 00:09:23,280 --> 00:09:24,900 Why shouldn't we be up here? 139 00:09:25,660 --> 00:09:26,660 Hey, miss. 140 00:09:27,500 --> 00:09:29,240 We're off to the Supreme Court. 141 00:09:29,540 --> 00:09:35,020 Excuse me. Could you speak just a little softer? I'd like to sleep. Of course. 142 00:09:35,620 --> 00:09:39,080 Miss, I'll have his French toast. 143 00:09:43,020 --> 00:09:44,540 You got profiles? 144 00:09:45,180 --> 00:09:47,660 The Supreme Court just says you got profiles? 145 00:09:48,140 --> 00:09:51,420 It's these little things that make the difference. The extra effort. 146 00:09:51,800 --> 00:09:52,820 Oh, let me look at them. 147 00:09:53,500 --> 00:09:54,500 They're mine. 148 00:09:59,560 --> 00:10:00,600 You scared, John? 149 00:10:00,940 --> 00:10:01,940 Please. 150 00:10:05,240 --> 00:10:06,860 Yeah, completely. 151 00:10:08,960 --> 00:10:12,480 Rehnquist, Scalia, Stevens, we're going to be standing up there in front of 152 00:10:12,480 --> 00:10:15,920 them. I shouldn't tell you this, but Rehnquist... You have to call him Mr. 153 00:10:16,120 --> 00:10:17,580 Chief Justice. I know. 154 00:10:18,320 --> 00:10:21,360 When Nixon swore him in, he called him Regberg. 155 00:10:22,560 --> 00:10:23,560 Can you imagine? 156 00:10:24,090 --> 00:10:28,050 The man makes it all the way to the Supreme Court, and on his big day, Nixon 157 00:10:28,050 --> 00:10:29,130 calls him Regberg. 158 00:10:31,270 --> 00:10:32,630 Terrible with names, Nixon. 159 00:10:35,490 --> 00:10:36,490 Try to sleep. 160 00:10:39,350 --> 00:10:42,950 I have an appointment with Dershowitz at 3 o 'clock. 161 00:10:43,870 --> 00:10:44,890 Alan Dershowitz. 162 00:10:45,110 --> 00:10:48,390 He's in Washington. He agreed to tutor me on what to expect. 163 00:10:49,470 --> 00:10:52,850 I'm leaving nothing to chance, John. I'm going to win this case. 164 00:10:53,859 --> 00:10:56,240 No, you're not. Oh, yes, I am. I must. 165 00:10:56,460 --> 00:10:58,760 Doug, if prepared as you think you are, you're not. 166 00:10:59,020 --> 00:11:00,580 I plan to bury you. 167 00:11:00,800 --> 00:11:01,719 We'll see. 168 00:11:01,720 --> 00:11:02,900 Yes, we will. 169 00:11:07,100 --> 00:11:07,540 I 170 00:11:07,540 --> 00:11:14,560 don't 171 00:11:14,560 --> 00:11:15,560 perform abortions. 172 00:11:16,160 --> 00:11:19,280 I know. I was hoping you could recommend a doctor who does. 173 00:11:19,480 --> 00:11:20,480 A good one. 174 00:11:20,680 --> 00:11:21,680 So... 175 00:11:22,150 --> 00:11:24,590 Well, wouldn't your OBGYN be able to make that recommendation? 176 00:11:26,350 --> 00:11:28,650 The truth is, I haven't told her I'm pregnant. 177 00:11:29,870 --> 00:11:33,190 I'd sort of prefer not to. I'm a little humiliated. 178 00:11:38,990 --> 00:11:39,990 All right. 179 00:11:44,570 --> 00:11:50,090 I saw your car parked out front. 180 00:11:53,510 --> 00:11:56,910 Stacy, I'm begging you. Oh, Carter, please. Why don't you two go in here? 181 00:12:01,710 --> 00:12:02,110 You 182 00:12:02,110 --> 00:12:13,970 can't 183 00:12:13,970 --> 00:12:15,990 abort this child. 184 00:12:16,890 --> 00:12:18,790 I can't go through with it, Carter. 185 00:12:20,270 --> 00:12:24,270 I'm sorry for doing this to you. I should have known before. No, you can't. 186 00:12:25,210 --> 00:12:29,330 I know surrogacy is right for a lot of people. It's just wrong for me. 187 00:12:31,470 --> 00:12:32,790 I have to do this. 188 00:12:33,130 --> 00:12:34,470 I'll stop you. 189 00:12:36,870 --> 00:12:38,210 You can't stop me. 190 00:12:49,050 --> 00:12:53,660 Well, Well, here we are, Wambo and Dershowitz talking law, discussing 191 00:12:53,660 --> 00:12:59,840 strategies, constitutional scholars waxing. Mr. Wambo, please, my time 192 00:12:59,840 --> 00:13:03,040 limited. I do have a couple of other cases, so if we can get right to the 193 00:13:03,220 --> 00:13:07,840 Well, I'm ready on the law, but I need to know from somebody who's been there, 194 00:13:07,940 --> 00:13:09,880 somebody who's been in that room. 195 00:13:10,540 --> 00:13:14,540 I know it's just another courtroom, except with more judges, right? 196 00:13:15,080 --> 00:13:19,840 Nothing to be... Mr. Wambaugh, this courtroom is unlike anything you have 197 00:13:19,840 --> 00:13:21,120 seen in your life. 198 00:13:21,400 --> 00:13:27,000 For starters, you'll be staring down nine Supreme Court justices spanning the 199 00:13:27,000 --> 00:13:28,660 entire width of the room. 200 00:13:29,040 --> 00:13:31,120 That can be a very daunting experience. 201 00:13:31,520 --> 00:13:34,680 One justice will ask you a question from here. Then you'll be attacked from 202 00:13:34,680 --> 00:13:36,400 there, and it will be an attack. 203 00:13:37,020 --> 00:13:40,680 This is an aggressive court. This is a confrontational court. This is an 204 00:13:40,680 --> 00:13:41,680 argumentative court. 205 00:13:41,710 --> 00:13:44,290 This is not going to be a friendly experience. 206 00:13:45,750 --> 00:13:47,810 Franklin Dell, appearing for Carter Pike, Your Honor. 207 00:13:49,930 --> 00:13:50,930 Where's Wombo? 208 00:13:51,270 --> 00:13:52,350 He's off to Washington. 209 00:13:53,290 --> 00:13:58,470 Your Honor, this is an ex parte motion seeking a restraining order to enjoin 210 00:13:58,470 --> 00:14:00,330 Stacey Halford from terminating her pregnancy. 211 00:14:01,250 --> 00:14:02,450 What did you just say? 212 00:14:02,830 --> 00:14:06,610 My client entered into a surrogacy contract with this woman. She became 213 00:14:06,610 --> 00:14:10,350 impregnated through in vitro fertilization and now... She's 214 00:14:10,350 --> 00:14:13,530 terminate the seven -week pregnancy, and we are asking the court to intervene. 215 00:14:13,950 --> 00:14:14,689 Mm -hmm. 216 00:14:14,690 --> 00:14:17,070 Well, there's an obscure case called Roe v. 217 00:14:17,290 --> 00:14:20,570 Wade. Has nothing to do with it, Your Honor. She may have a right to an 218 00:14:20,570 --> 00:14:24,150 abortion, but she waived it when she entered into the surrogacy contract. 219 00:14:24,190 --> 00:14:25,310 there's no health risk here. 220 00:14:25,910 --> 00:14:27,610 We're entitled to an enforcement of the contract. 221 00:14:28,690 --> 00:14:32,950 Well, if a woman wants to have an abortion... Her body, her right. Yes, we 222 00:14:32,950 --> 00:14:37,330 know the slogan, but this woman leased out her body for $12 ,000. She no longer 223 00:14:37,330 --> 00:14:38,330 has that privilege. 224 00:14:38,810 --> 00:14:40,930 And I would submit, what about his rights? 225 00:14:41,630 --> 00:14:42,850 He went through in vitro. 226 00:14:43,330 --> 00:14:45,350 He took drugs to boost his sperm count. 227 00:14:45,570 --> 00:14:47,830 His child is in that womb. 228 00:14:48,670 --> 00:14:49,910 What about his rights? 229 00:14:50,370 --> 00:14:54,170 I can't force a woman to carry a baby to term. Of course you can, Your Honor. 230 00:14:54,430 --> 00:14:58,090 The law already does that. A woman in third trimester, she seeks an abortion, 231 00:14:58,170 --> 00:15:01,910 the court says no. The law mandates that she carry the baby to term. 232 00:15:02,650 --> 00:15:04,930 That's a third trimester fetus, which is viable. 233 00:15:05,210 --> 00:15:07,070 This pregnancy is only seven weeks. 234 00:15:07,600 --> 00:15:11,340 Yes, Your Honor, but the point is that the courts can and do force women to 235 00:15:11,340 --> 00:15:12,640 children in some circumstances. 236 00:15:12,860 --> 00:15:13,860 It's done. 237 00:15:14,080 --> 00:15:18,240 Well, this is another circumstance where they and you could do it. 238 00:15:18,760 --> 00:15:22,420 We're not asking you to take away her Roe v. Wade right. 239 00:15:22,820 --> 00:15:26,960 We maintain she already gave it away. We're simply asking you to enforce the 240 00:15:26,960 --> 00:15:27,960 contract. 241 00:15:29,160 --> 00:15:31,920 I want to hear from the woman and her attorney before I do anything. 242 00:15:32,560 --> 00:15:35,820 Well, what if she decides to... I'll give you a one -day temporary 243 00:15:35,820 --> 00:15:37,480 order. We'll have a full hearing tomorrow. 244 00:15:37,880 --> 00:15:38,880 Adjourned. 245 00:15:39,680 --> 00:15:41,280 What the hell could be next? 246 00:15:42,200 --> 00:15:43,840 Will I get slaughtered? 247 00:15:44,500 --> 00:15:49,280 The law's on your side, at least for now. But Scalia, Rehnquist, Thomas, 248 00:15:49,400 --> 00:15:53,300 probably even O 'Connor, are looking for any excuse to get rid of Miranda. 249 00:15:53,860 --> 00:15:58,100 This is a perfect case for them. A drifter killed an innocent teenager. 250 00:15:59,260 --> 00:16:01,120 It would be a very popular decision. 251 00:16:01,790 --> 00:16:03,310 Scalia, you have to be really careful. 252 00:16:03,570 --> 00:16:06,750 He is brilliant, but he can get very testy. 253 00:16:06,950 --> 00:16:11,910 He's gifted at trapping lawyers, and he loves to watch a lawyer squirm a little 254 00:16:11,910 --> 00:16:14,250 bit. Well, what about those on my side? 255 00:16:14,710 --> 00:16:16,030 Won't they come to my defense? 256 00:16:16,770 --> 00:16:20,790 Ginsburg, Stevens are probably going to be your best allies, but tomorrow 257 00:16:20,790 --> 00:16:22,950 they're not going to help you one bit. You're all alone. 258 00:16:23,190 --> 00:16:26,370 There's only one person who can fight off Scalia, and that's you. 259 00:16:31,340 --> 00:16:32,340 You okay? 260 00:16:35,180 --> 00:16:38,080 When I'm nervous, I get winded. 261 00:16:38,860 --> 00:16:43,060 Recently, I was diagnosed with multiple sclerosis. Maybe I could play it for 262 00:16:43,060 --> 00:16:45,320 sympathy. That would not be a good idea. 263 00:16:45,960 --> 00:16:46,960 Just a thought. 264 00:16:47,680 --> 00:16:49,240 Renquist has a bad back. 265 00:16:49,500 --> 00:16:52,520 Sometimes he just gets up in the middle of argument and walks behind the curtain 266 00:16:52,520 --> 00:16:54,220 just a stretch. Don't let that throw you off. 267 00:16:54,560 --> 00:16:57,260 Remember, you must always call him Mr. 268 00:16:57,920 --> 00:17:01,760 Chief Justice, not judge, not your honor, not justice. 269 00:17:02,000 --> 00:17:03,500 You must call him Mr. 270 00:17:03,800 --> 00:17:04,800 Chief Justice. 271 00:17:05,920 --> 00:17:07,540 Nixon called him wrenchbag. 272 00:17:07,960 --> 00:17:09,460 Nixon made mistakes. 273 00:17:09,859 --> 00:17:10,920 Now, Thomas. 274 00:17:11,140 --> 00:17:15,960 Thomas, you don't have to worry about tomorrow. He never asks a single 275 00:17:16,060 --> 00:17:18,900 If you want to win over Thomas, just win over Scalia. 276 00:17:19,280 --> 00:17:21,339 Thomas always follows Scalia. 277 00:17:22,180 --> 00:17:27,020 Ginsburg. She asks sculpted, word -perfect questions. 278 00:17:27,680 --> 00:17:28,920 But listen carefully. 279 00:17:29,460 --> 00:17:30,460 She's a nitpicker. 280 00:17:31,040 --> 00:17:32,040 One more thing. 281 00:17:33,340 --> 00:17:35,280 Don't lecture them on the law. 282 00:17:35,500 --> 00:17:37,520 After all, they wrote the law. 283 00:17:37,980 --> 00:17:40,460 Where your advantage lies is in the facts. 284 00:17:40,700 --> 00:17:43,060 You were at the trial. They weren't at the trial. 285 00:17:43,260 --> 00:17:48,560 Play up the facts. If you can persuade the justices that you know more about 286 00:17:48,560 --> 00:17:52,880 facts than they do, it's going to help you on your credibility regarding the 287 00:17:52,880 --> 00:17:53,880 law. 288 00:17:55,980 --> 00:17:58,360 Let me see if I got it right. Let's see if I got it right. 289 00:17:59,100 --> 00:18:01,240 Watch out for Scalia and Rehnquist. 290 00:18:02,040 --> 00:18:03,480 Play up the facts. 291 00:18:04,460 --> 00:18:07,440 Pay no attention to that man behind the curtain. 292 00:18:08,400 --> 00:18:10,240 Oh, don't bother with Thomas. 293 00:18:10,980 --> 00:18:13,120 And leave out multiple sclerosis. 294 00:18:13,800 --> 00:18:16,320 Is there anything else? 295 00:18:16,920 --> 00:18:18,460 Yes, Mr. Wombo, one more thing. 296 00:18:18,660 --> 00:18:22,360 I don't want to make you nervous, but this is a really important case. 297 00:18:22,740 --> 00:18:24,160 Not only for your client. 298 00:18:24,510 --> 00:18:26,170 but for the civil liberties of all Americans. 299 00:18:26,410 --> 00:18:27,410 So the stakes are high. 300 00:18:28,350 --> 00:18:32,610 Constitutional protection, police procedures, and accordingly the pressure 301 00:18:32,610 --> 00:18:34,710 you is very great. But you're up for it. 302 00:18:35,150 --> 00:18:36,150 One thing. 303 00:18:36,370 --> 00:18:37,370 Tomorrow. 304 00:18:37,690 --> 00:18:38,690 Douglas. 305 00:18:39,270 --> 00:18:40,410 Be yourself. 306 00:18:41,190 --> 00:18:43,470 Don't try to be something you're not. 307 00:18:44,170 --> 00:18:45,890 You're going to do just great. 308 00:18:46,290 --> 00:18:47,290 Zag is in. 309 00:18:51,470 --> 00:18:53,070 We're locking up in 20 minutes. 310 00:18:53,740 --> 00:18:55,100 I won't be here that long. 311 00:19:05,500 --> 00:19:07,200 Give me a second, Kimberly. 312 00:19:24,520 --> 00:19:25,860 Kind of want to get the feel of the place. 313 00:19:27,940 --> 00:19:29,380 Tomorrow, it all happens. 314 00:19:30,100 --> 00:19:31,820 I hope I don't embarrass myself. 315 00:19:32,860 --> 00:19:36,440 Doug, you've earned the right to be in this court. 316 00:19:37,340 --> 00:19:39,700 You made that appeal. You deserve to be here. 317 00:19:40,360 --> 00:19:41,360 Thank you. 318 00:19:42,300 --> 00:19:43,300 You're going to be great. 319 00:19:44,420 --> 00:19:48,220 Make no mistake, I plan to kick your ass, but I'll be cheering for you, too. 320 00:19:49,500 --> 00:19:50,500 And me for you. 321 00:19:53,830 --> 00:19:54,830 We are here. 322 00:19:54,870 --> 00:19:57,150 We are actually here. 323 00:20:21,960 --> 00:20:26,540 The Honorable, the Chief Justice and Associate Justices of the Supreme Court 324 00:20:26,540 --> 00:20:27,540 the United States. 325 00:20:28,800 --> 00:20:30,640 Oyez, oyez, oyez. 326 00:20:30,960 --> 00:20:35,060 All persons having business before the Honorable Supreme Court of the United 327 00:20:35,060 --> 00:20:38,960 States are admonished to draw near and give their attention for the court is 328 00:20:38,960 --> 00:20:42,640 sitting. God save the United States and this Honorable Court. 329 00:20:58,320 --> 00:21:03,780 We will hear arguments in People of Wisconsin versus Brian Latham. 330 00:21:04,800 --> 00:21:06,280 Mr. Bombau, you may proceed. 331 00:21:16,780 --> 00:21:17,780 Mr. 332 00:21:18,260 --> 00:21:23,960 Chief Justice, may it please the court, I waited 51 years to get on this stage. 333 00:21:24,840 --> 00:21:26,460 In that case, we'll give you 30 minutes. 334 00:21:28,590 --> 00:21:32,710 I represent Brian Latham on the appeal of his first -degree murder conviction, 335 00:21:32,990 --> 00:21:38,530 which conviction resulted from a statement obtained by unconstitutional 336 00:21:39,170 --> 00:21:40,270 In Minnick v. 337 00:21:40,490 --> 00:21:46,650 Mississippi, this court held, when counsel is requested by the accused, all 338 00:21:46,650 --> 00:21:53,290 interrogation must cease, and police may not reinitiate any interrogation later 339 00:21:53,290 --> 00:21:55,350 after the lawyer is gone. 340 00:21:56,200 --> 00:21:57,940 And that's what happened here. 341 00:21:59,140 --> 00:22:04,040 After I was gone, Deputy Lacus asked my client to tell him where the body was. 342 00:22:04,700 --> 00:22:07,860 It was an unconstitutional interrogation. 343 00:22:08,260 --> 00:22:11,880 Are you saying that after the accused says he wants his lawyer, the police 344 00:22:11,880 --> 00:22:12,880 even talk to him anymore? 345 00:22:13,140 --> 00:22:17,060 The deputy can't even say, hey, how's the weather, unless the attorney is 346 00:22:17,060 --> 00:22:22,200 present? What I'm saying, Justice Scalia, is that he can't reinitiate an 347 00:22:22,200 --> 00:22:25,840 interrogation. How is the weather is not an interrogation. 348 00:22:26,200 --> 00:22:27,380 Except maybe in New England. 349 00:22:27,840 --> 00:22:29,360 Tell me where the body is. 350 00:22:29,820 --> 00:22:31,180 That's an interrogation. 351 00:22:31,820 --> 00:22:33,300 Suppose I were arrested. 352 00:22:34,020 --> 00:22:35,380 I ask for my lawyer. 353 00:22:35,900 --> 00:22:38,460 Then the police reinitiate an interrogation. 354 00:22:39,460 --> 00:22:44,260 As a matter of law, I would have no capacity for a voluntary statement. 355 00:22:45,520 --> 00:22:46,780 Under Minnick, no. 356 00:22:47,220 --> 00:22:51,140 It would be impossible for the Chief Justice of the Supreme Court to 357 00:22:51,140 --> 00:22:54,020 waive his right to a lawyer if the police initiated the encounter. 358 00:22:55,100 --> 00:22:56,420 Yes, that's the law. 359 00:22:57,040 --> 00:22:59,300 Well, that seems absurd, Mr. Wambaugh. 360 00:23:00,020 --> 00:23:01,360 Maybe Minnick is bad law. 361 00:23:01,960 --> 00:23:04,180 Oh, it's Supreme Court precedent. 362 00:23:04,680 --> 00:23:06,520 I would submit, Mr. Renshberg. 363 00:23:06,820 --> 00:23:08,060 No, I mean Mr. 364 00:23:08,560 --> 00:23:10,040 Rehnquist. Mr. 365 00:23:10,340 --> 00:23:11,340 Chief Justice. 366 00:23:11,760 --> 00:23:16,140 Sometimes I mispronounce names on account of my multiple sclerosis. 367 00:23:20,300 --> 00:23:22,220 Quiet down, everybody. I want it on the record. 368 00:23:22,570 --> 00:23:24,710 That I'm making no backdoor negotiations. 369 00:23:25,110 --> 00:23:29,150 It'll be on the record. I just want to do this in here to protect their 370 00:23:29,510 --> 00:23:32,930 She has a constitutional right. There is no such express right in the 371 00:23:32,930 --> 00:23:35,950 Constitution. Which entitles her to an abortion without his consent. Quiet. 372 00:23:36,590 --> 00:23:38,910 How can you even entertain such a motion? 373 00:23:39,490 --> 00:23:40,850 Because I'm a funny guy. 374 00:23:41,720 --> 00:23:45,980 Fathers can't prevent abortions. The Supreme Court has said so. The Supreme 375 00:23:45,980 --> 00:23:50,620 Court also says that a constitutional right can be waived. The Latham case 376 00:23:50,620 --> 00:23:54,000 on this very minute. The issue being whether the defendant waived his 377 00:23:54,000 --> 00:23:58,880 constitutional right to counsel. If he waived it, he loses it. The very same 378 00:23:58,880 --> 00:23:59,960 principle is at work here. 379 00:24:00,220 --> 00:24:04,100 She made no such waiver. She promised to carry that baby to term. So what? 380 00:24:04,340 --> 00:24:05,620 You want specific performance? 381 00:24:05,920 --> 00:24:08,900 Come on, did you go to law school? I'll choose my own legal remedies. Thank you 382 00:24:08,900 --> 00:24:09,399 very much. 383 00:24:09,400 --> 00:24:10,740 Why are you doing this? 384 00:24:11,120 --> 00:24:12,120 I said quiet. 385 00:24:12,420 --> 00:24:13,420 Why are you? 386 00:24:14,100 --> 00:24:15,100 All right. 387 00:24:15,160 --> 00:24:19,160 First, is there any dispute that it's his child? 388 00:24:20,420 --> 00:24:25,280 No. And Carter, are you sure you want to challenge her on this? 389 00:24:25,820 --> 00:24:26,820 I'm sure. 390 00:24:27,300 --> 00:24:28,600 This is ridiculous. 391 00:24:29,160 --> 00:24:33,740 Lady, it usually takes me a full five minutes to dislike somebody. 392 00:24:34,040 --> 00:24:35,180 I'm ahead of schedule. 393 00:24:36,780 --> 00:24:38,500 All right, I'm going to review the law. 394 00:24:38,700 --> 00:24:40,300 The law is very clear. 395 00:24:40,780 --> 00:24:44,700 The Constitution provides... The Constitution is silent on this matter. 396 00:24:45,340 --> 00:24:50,460 The right to an abortion is only as clear as the nine justices sitting on 397 00:24:50,460 --> 00:24:51,299 Supreme Court. 398 00:24:51,300 --> 00:24:52,880 Do you know who's sitting up there today? 399 00:24:55,520 --> 00:24:57,800 Didn't you meet with your client, Mr. Wambaugh? 400 00:24:58,680 --> 00:24:59,680 Yes, I did. 401 00:24:59,760 --> 00:25:03,060 And didn't you apprise him of the risks of speaking with police? 402 00:25:03,520 --> 00:25:04,520 Of course. 403 00:25:04,620 --> 00:25:08,220 In fact, I suspect, as a good lawyer would, you gave him a rather explicit 404 00:25:08,220 --> 00:25:11,830 warning. and that you caused your client to understand his rights. 405 00:25:12,710 --> 00:25:15,770 So why shouldn't we find his statement here to be a voluntary waiver of his 406 00:25:15,770 --> 00:25:16,770 right to counsel? 407 00:25:16,850 --> 00:25:18,030 Because he was Corey. 408 00:25:18,790 --> 00:25:23,470 Deputy Lackus knew my client was a devout Catholic, and he preyed upon my 409 00:25:23,470 --> 00:25:25,570 client's Christian sympathies to get information. 410 00:25:26,570 --> 00:25:32,970 Is it your position, Mr. Wamba, That the incorporation of religion into a line 411 00:25:32,970 --> 00:25:39,110 of questioning would mean that any response per se as a matter of law could 412 00:25:39,110 --> 00:25:40,490 be deemed to be voluntary? 413 00:25:41,490 --> 00:25:47,410 Or is it your position that in this particular encounter, given the 414 00:25:47,410 --> 00:25:52,590 hypersensitivity of the accused, that as a matter of fact, Mr. 415 00:25:52,790 --> 00:25:56,270 Latham's response could not be regarded as voluntary? 416 00:25:57,210 --> 00:26:00,190 I would ask you to repeat the question, but my time would be up. 417 00:26:04,570 --> 00:26:05,570 I'm a character. 418 00:26:06,250 --> 00:26:12,130 I would submit that in this particular incident, Mr. Latham's response was not 419 00:26:12,130 --> 00:26:13,130 voluntary. 420 00:26:14,010 --> 00:26:19,390 Minnick said, as a matter of law, the statement is automatically involuntary 421 00:26:19,390 --> 00:26:21,530 when the police reinitiate the encounter. 422 00:26:22,090 --> 00:26:24,190 Well, how would the police ever get a confession? 423 00:26:25,240 --> 00:26:27,700 Almost every suspect immediately asks for a lawyer. 424 00:26:28,320 --> 00:26:32,500 If he's not allowed to change his mind, if the police aren't even allowed to ask 425 00:26:32,500 --> 00:26:36,560 him if he wants to change his mind, how are we to obtain valid admissions? 426 00:26:37,240 --> 00:26:39,820 Well, I'm concerned today about the invalid ones. 427 00:26:40,600 --> 00:26:43,420 Why shouldn't we apply an objective test for each case? 428 00:26:44,180 --> 00:26:47,720 If the waiver is voluntary, let it in. If it feels coerced, keep it out. 429 00:26:48,640 --> 00:26:51,000 Why apply this absolute restriction? 430 00:26:51,540 --> 00:26:53,520 Because we need the absolutes. 431 00:26:53,980 --> 00:26:59,540 We need a prophylactic that gives 100 % assurance against chorus confessions. If 432 00:26:59,540 --> 00:27:01,720 you give the police any margin, they'll abuse it. 433 00:27:02,140 --> 00:27:04,080 That is a pretty sweeping indictment. 434 00:27:04,500 --> 00:27:07,940 Well, your honor, I don't mean to suggest policemen are bad people. 435 00:27:08,480 --> 00:27:11,420 I personally know the arresting officers in this case. 436 00:27:11,900 --> 00:27:15,520 Officers Maxine Stewart and Kenny Lockers. People I admire. 437 00:27:16,300 --> 00:27:20,640 But they're caught up in a system and a society that is gripped with fear. 438 00:27:21,220 --> 00:27:22,840 And when afraid enough... 439 00:27:23,130 --> 00:27:26,230 Instead, people become willing to suspend civil rights. 440 00:27:27,110 --> 00:27:31,870 It's going on all over this country. It went on in this trial when Judge Bone 441 00:27:31,870 --> 00:27:35,950 stood up and said, I don't give a damn what the Supreme Court says. The hell 442 00:27:35,950 --> 00:27:37,050 with his right to counsel. 443 00:27:37,270 --> 00:27:38,450 Well, that's what he said. 444 00:27:38,810 --> 00:27:43,110 And he said, if the Supreme Court has a problem with that, they can come and get 445 00:27:43,110 --> 00:27:44,110 him. 446 00:27:44,190 --> 00:27:48,630 And the people of Rome, enlightened people, good people, they stood on their 447 00:27:48,630 --> 00:27:51,570 feet and cheered Judge Bone when he said, to hell with the Constitution. 448 00:27:52,410 --> 00:27:53,410 They cheered. 449 00:27:53,810 --> 00:27:57,450 That's what's going on in America today. People are afraid. 450 00:27:58,150 --> 00:28:01,850 There's pressure on the police to do everything to catch the bad guys. 451 00:28:02,090 --> 00:28:07,170 And they are doing everything, including crossing constitutional barriers. 452 00:28:07,890 --> 00:28:10,250 That's why we need the Supreme Court. 453 00:28:10,950 --> 00:28:15,370 When the police go too far, that's where you come in. 454 00:28:15,690 --> 00:28:17,590 Well, they went too far in this case. 455 00:28:17,850 --> 00:28:20,550 They denied Brian Latham his constitutional rights. 456 00:28:21,500 --> 00:28:23,440 So this is where you come in. 457 00:28:33,700 --> 00:28:34,700 Hi. 458 00:28:34,940 --> 00:28:35,940 Hi. 459 00:28:42,900 --> 00:28:45,580 I've been thinking about how all of this is none of my business. 460 00:28:46,660 --> 00:28:48,400 And I know that I should leave you alone. 461 00:28:50,220 --> 00:28:54,460 But then it occurred to me that maybe the reason that you're doing this is 462 00:28:54,460 --> 00:28:55,820 because you're so alone. 463 00:28:59,880 --> 00:29:01,780 Surrogacy is an extreme step, Carter. 464 00:29:03,420 --> 00:29:06,640 Going to court to enforce it, I'm not going to lie to you. I'm worried about 465 00:29:06,640 --> 00:29:10,140 you. What is so crazy? That I would like to have a child? 466 00:29:11,420 --> 00:29:16,220 That I want to share in the experience of parenting like everybody? 467 00:29:20,460 --> 00:29:23,640 I know I could adopt, and maybe I will someday, but I wanted my own flesh and 468 00:29:23,640 --> 00:29:24,660 blood, too, you know? 469 00:29:25,260 --> 00:29:26,700 Carry on the Pike name. 470 00:29:28,860 --> 00:29:29,980 I'm 38, Joe. 471 00:29:30,520 --> 00:29:33,100 I can cling to the idea that maybe I'll meet somebody. 472 00:29:33,800 --> 00:29:35,120 Have children together. 473 00:29:36,620 --> 00:29:38,540 But I also have to recognize the reality. 474 00:29:38,760 --> 00:29:39,760 I'm 38. 475 00:29:41,000 --> 00:29:43,840 And I've never been in a relationship with anybody. Never. 476 00:29:44,520 --> 00:29:45,560 I didn't know that. 477 00:29:47,020 --> 00:29:49,240 Yeah, well, it's not something I... 478 00:29:54,640 --> 00:29:57,380 Look, I'm not denying how ridiculous this is, doing what I'm doing. 479 00:29:58,440 --> 00:30:01,640 What's that old saying? Behind every desperate act, you'll find a desperate 480 00:30:03,180 --> 00:30:04,960 You're not a desperate man, Carter. 481 00:30:06,600 --> 00:30:10,880 I have nobody in my life to love, Jill. What does that make me if not desperate? 482 00:30:15,280 --> 00:30:16,720 This was no interrogation. 483 00:30:17,460 --> 00:30:19,380 Deputy Locos volunteered to leave. 484 00:30:20,040 --> 00:30:23,340 Brian Latham at least implicitly consented to the conversation. 485 00:30:23,680 --> 00:30:25,320 And that's what this was, a conversation. 486 00:30:26,400 --> 00:30:30,360 There was no accusation, no attempt to elicit incriminating evidence. 487 00:30:30,620 --> 00:30:31,880 Simply a question. 488 00:30:32,360 --> 00:30:34,840 Do you know where we might find Susan Ingram? 489 00:30:35,900 --> 00:30:40,220 To categorize that as an interrogation, to say it rises to the level of 490 00:30:40,220 --> 00:30:42,520 coercion, is completely contrary to fact. 491 00:30:42,900 --> 00:30:46,540 You're maintaining that Minnick doesn't apply because this isn't an 492 00:30:46,540 --> 00:30:48,300 interrogation. That's correct, Your Honor. 493 00:30:48,680 --> 00:30:52,310 Counselor. He asked the suspect to point him to the body. 494 00:30:52,770 --> 00:30:54,050 The suspect tells him. 495 00:30:54,510 --> 00:30:58,090 It's a pretty incriminating answer, and exactly the kind of answer that the 496 00:30:58,090 --> 00:30:59,090 deputy was looking for. 497 00:30:59,450 --> 00:31:03,450 I maintain that Deputy Locco's intent was not to elicit incriminating 498 00:31:03,670 --> 00:31:08,230 It doesn't matter. If the police ask a question that can reasonably elicit an 499 00:31:08,230 --> 00:31:10,730 incriminating answer, it's an interrogation. 500 00:31:11,470 --> 00:31:14,210 You're familiar with Rhode Island v. Innes? Yes, I am. 501 00:31:15,050 --> 00:31:16,410 Then how did you get around Minnick? 502 00:31:17,640 --> 00:31:21,800 The law says that you cannot re -interrogate after the accused makes a 503 00:31:21,800 --> 00:31:22,759 for counsel. 504 00:31:22,760 --> 00:31:25,480 Which is exactly what Deputy Lacoste did. 505 00:31:26,440 --> 00:31:27,540 How do you get around that? 506 00:31:28,620 --> 00:31:31,300 Are you suggesting Minnick doesn't apply? 507 00:31:32,100 --> 00:31:34,580 Or are you advocating that we overturn Minnick? 508 00:31:37,940 --> 00:31:42,620 I am suggesting to this court that Minnick be overturned. 509 00:31:43,800 --> 00:31:46,160 This court erred in Minnick v. Mississippi. 510 00:31:52,120 --> 00:31:53,760 Well, isn't this exciting? 511 00:31:54,040 --> 00:31:57,120 Mr. Chief Justice, you yourself flagged the problem. 512 00:31:57,580 --> 00:32:00,120 It's become impossible for the police to get a confession. 513 00:32:00,880 --> 00:32:05,020 Now, the point of Miranda and all these prophylactic protections is to guard 514 00:32:05,020 --> 00:32:06,960 against compulsory self -incrimination. 515 00:32:07,820 --> 00:32:10,240 We want defendants to know their legal rights. 516 00:32:10,680 --> 00:32:13,780 We want their statements to be intentional and voluntary. 517 00:32:15,400 --> 00:32:18,720 Minnick has distorted this protection to a ridiculous extreme. 518 00:32:19,850 --> 00:32:24,550 It establishes a systematic formula that can result in a complete travesty not 519 00:32:24,550 --> 00:32:26,810 only of justice, but of common sense. 520 00:32:27,990 --> 00:32:32,870 To hold as a matter of law a suspect can't change his mind about having 521 00:32:32,870 --> 00:32:33,870 in the room? 522 00:32:34,050 --> 00:32:38,710 To say he automatically lacks capacity to make voluntary statements? Nothing in 523 00:32:38,710 --> 00:32:40,710 the Constitution supports this type of premise. 524 00:32:41,190 --> 00:32:46,370 Nothing. These are court -articulated protections that have expanded into 525 00:32:46,370 --> 00:32:47,810 constitutional fairyland. 526 00:32:48,440 --> 00:32:52,440 If you want to stretch a ruling on Minnick to its most illogical extreme, 527 00:32:52,440 --> 00:32:54,380 need look no further than this case. 528 00:32:55,440 --> 00:32:59,800 Brian Latham was a sane, competent man who knew his legal rights. 529 00:33:00,420 --> 00:33:01,760 He'd been given Miranda. 530 00:33:02,700 --> 00:33:04,520 He'd been warned by his lawyer. 531 00:33:05,780 --> 00:33:09,940 Take a look at those trial transcripts. This man's testimony was precise. 532 00:33:10,360 --> 00:33:12,720 He clearly knew what words to choose. 533 00:33:13,660 --> 00:33:16,600 His statement to Kenny Lacos was knowing. 534 00:33:17,800 --> 00:33:19,580 Intentional and voluntary. 535 00:33:19,940 --> 00:33:24,800 And we are applying an automatic formula to redefine it as involuntary and throw 536 00:33:24,800 --> 00:33:25,800 it out. 537 00:33:26,440 --> 00:33:29,900 Well, if the Minnick test results in such an atrocious rape of the simple 538 00:33:30,040 --> 00:33:31,340 then Minnick should be reversed. 539 00:33:32,900 --> 00:33:35,680 Suppose the suspect is not so savvy as Mr. Latham. 540 00:33:36,180 --> 00:33:37,720 Maybe he's more easily tricked. 541 00:33:38,800 --> 00:33:41,720 How do we prevent the police from exploiting that situation? 542 00:33:42,860 --> 00:33:45,460 Maybe the best way is simply to draw an absolute. 543 00:33:46,190 --> 00:33:48,650 If he asks for a lawyer, stay away. 544 00:33:49,690 --> 00:33:50,810 That's simple counsel. 545 00:33:52,030 --> 00:33:55,290 Why can't the police just stay away until the lawyer gets there? 546 00:33:57,170 --> 00:34:01,850 We can err too much on trusting the police, I guess, or on trusting them too 547 00:34:01,850 --> 00:34:02,850 little. 548 00:34:03,490 --> 00:34:08,710 Which error, in your opinion, would be more consistent with our Constitution? 549 00:34:14,440 --> 00:34:16,000 I don't think you need to make either error. 550 00:34:17,080 --> 00:34:21,860 I think your rulings should trust law and order and trust that the underlying 551 00:34:21,860 --> 00:34:24,719 intent of the Constitution is to ensure a free nation. 552 00:34:25,699 --> 00:34:27,380 Crime is making us all less free. 553 00:34:28,400 --> 00:34:32,260 Now, the Constitution is certainly there to protect the guilty as well as the 554 00:34:32,260 --> 00:34:33,420 innocent. I don't dispute that. 555 00:34:33,840 --> 00:34:37,880 But the objective of the Constitution is not to set the guilty free. 556 00:34:39,760 --> 00:34:42,000 The people of this country need to know that. 557 00:34:43,190 --> 00:34:45,550 They need to hear that from this court today. 558 00:35:12,710 --> 00:35:15,310 Please step back, sir. I won't let you back. Take your hands off me. 559 00:35:16,710 --> 00:35:17,710 What's your name? 560 00:35:18,170 --> 00:35:19,390 My name is Michael Duffy. 561 00:35:22,210 --> 00:35:23,630 Never hit me, Mr. Duffy. 562 00:35:28,270 --> 00:35:33,370 She contracted away her right to an abortion. She gave it away when she 563 00:35:33,370 --> 00:35:35,810 into the circus. Your Honor, that is completely without merit. 564 00:35:36,340 --> 00:35:40,180 Husbands have tried to sue mothers for emotional distress after abortion. 565 00:35:40,400 --> 00:35:42,560 But the court threw out those cases. Why? 566 00:35:42,760 --> 00:35:45,700 Because there is no precedent. Those were lower court decisions never ruled 567 00:35:45,700 --> 00:35:46,700 at the appellate level. Excuse me, I would like to finish my argument. Will 568 00:35:46,700 --> 00:35:48,080 let me finish? I'll finish. 569 00:35:52,040 --> 00:35:53,040 Excuse me, Your Honor. 570 00:35:55,600 --> 00:35:56,600 Could I be heard? 571 00:35:57,200 --> 00:35:58,420 It would be refreshing. 572 00:35:59,500 --> 00:36:01,300 Let's have the lawyers take their seats. 573 00:36:10,960 --> 00:36:14,060 I'm not going to get into the abortion debate, whether the fetus is a life or 574 00:36:14,060 --> 00:36:16,060 not. I know that it's a legal question for the lawyers. 575 00:36:17,580 --> 00:36:23,900 I also know that it's a woman's personal choice as to whether she considers it a 576 00:36:23,900 --> 00:36:24,900 life or not. 577 00:36:28,960 --> 00:36:35,860 I would just like to say that the father, it's my personal belief that it 578 00:36:35,860 --> 00:36:37,440 is a life, that it's my child. 579 00:36:38,350 --> 00:36:41,390 And that is why I feel I must try to save it. 580 00:36:43,730 --> 00:36:50,590 I also know, according to the Supreme Court, I, 581 00:36:50,770 --> 00:36:53,850 as the father, have no rights here. 582 00:36:54,370 --> 00:36:55,530 Legally, I'm irrelevant. 583 00:36:56,130 --> 00:36:57,390 And I think that's wrong. 584 00:36:59,250 --> 00:37:03,430 Without completely vitiating pro -choice, we should find some way to give 585 00:37:03,430 --> 00:37:06,710 father some rights. After all, it's my child. 586 00:37:08,940 --> 00:37:12,580 Before the Supreme Court can address this question, the case has to get 587 00:37:12,660 --> 00:37:16,900 And in order for that to happen, we need some brave trial court judge who's 588 00:37:16,900 --> 00:37:21,320 willing to make a ruling that putative fathers do count in this decision. 589 00:37:22,700 --> 00:37:27,500 I've listened to your rulings for years, and I don't know any judge who has more 590 00:37:27,500 --> 00:37:28,500 courage than you. 591 00:37:33,480 --> 00:37:38,140 I guess I'm asking for me. 592 00:37:38,670 --> 00:37:41,570 And my child. 593 00:37:44,050 --> 00:37:46,710 I'm asking you to be the most brave you've ever been. 594 00:38:11,790 --> 00:38:12,850 I need five minutes. 595 00:38:31,430 --> 00:38:32,990 That's too much time on minutes. 596 00:38:33,810 --> 00:38:36,030 It's like a ball to Brewer, played up the court. 597 00:38:36,650 --> 00:38:37,690 You got it, Brewer. 598 00:38:38,480 --> 00:38:39,740 How soon before they rule? 599 00:38:40,120 --> 00:38:42,700 There's no telling. Could be quick, could take months. 600 00:38:45,480 --> 00:38:47,220 I can't believe I said it. 601 00:38:47,620 --> 00:38:48,620 Rentschberg. 602 00:38:50,300 --> 00:38:52,080 Mr. Wambaugh, you were fantastic. 603 00:38:53,560 --> 00:38:54,560 I was? 604 00:38:55,420 --> 00:38:59,020 You stood up in the Supreme Court and were equal to nine judges. 605 00:39:00,320 --> 00:39:02,100 I couldn't believe how good you were. 606 00:39:03,900 --> 00:39:05,980 I wish Miriam could have seen it. 607 00:39:08,750 --> 00:39:10,190 Brian Latham could have seen it. 608 00:39:12,910 --> 00:39:13,910 I saw it. 609 00:39:15,090 --> 00:39:16,530 I was very proud of you. 610 00:39:17,670 --> 00:39:21,370 Watching you fight the way you did, you made all lawyers proud. 611 00:39:25,450 --> 00:39:26,450 Thank you, Kimberly. 612 00:39:31,510 --> 00:39:32,590 And you did, too. 613 00:39:33,790 --> 00:39:34,790 Very much. 614 00:39:43,280 --> 00:39:44,280 Be seated. 615 00:39:56,480 --> 00:40:02,860 On pregnancy matters, Roe versus Wade gives all the rights to the mother. 616 00:40:03,460 --> 00:40:06,180 The father has none before viability. 617 00:40:07,040 --> 00:40:10,680 The Weber argument was a novel one, Mr. Dell, but... 618 00:40:11,150 --> 00:40:16,390 to enforce a contract claim to prevent a woman from terminating the pregnancy, 619 00:40:16,650 --> 00:40:19,550 that would be against public policy. 620 00:40:20,350 --> 00:40:26,390 The only way for me to grant Carter Pike's request would be to flat -out 621 00:40:26,390 --> 00:40:28,810 the Supreme Court, which I've done. 622 00:40:29,330 --> 00:40:33,470 One thing about being old, it can make you brave. 623 00:40:35,050 --> 00:40:36,790 But I'm not that brave, Carter. 624 00:40:38,770 --> 00:40:45,520 This case involves... a baby, two parents, and a controversy 625 00:40:45,520 --> 00:40:48,360 that no judge can ever truly solve. 626 00:40:49,040 --> 00:40:53,060 The issue of abortion is a deeply personal one. 627 00:40:54,000 --> 00:40:59,420 I am neither wise nor brave enough to be Solomon. 628 00:41:02,600 --> 00:41:04,280 Plaintiff's petition denied. 629 00:41:05,900 --> 00:41:08,920 Miss Halford is free to terminate the pregnancy. 630 00:41:18,890 --> 00:41:19,850 Adjourned. They 631 00:41:19,850 --> 00:41:26,770 came at me, 632 00:41:26,850 --> 00:41:28,030 especially Scalia. 633 00:41:28,430 --> 00:41:31,450 But I fought them, Brian, I fought them with all I had. 634 00:41:31,930 --> 00:41:32,930 When will they rule? 635 00:41:33,110 --> 00:41:36,590 Well, there's no telling, but it would be nice if those Reagan appointees could 636 00:41:36,590 --> 00:41:37,590 retire first. 637 00:41:38,010 --> 00:41:40,290 But the law is still on our side. 638 00:41:41,100 --> 00:41:42,120 Minnick is the key. 639 00:41:42,680 --> 00:41:45,620 Now, I ordered a transcript, so you'll be able to read every word. 640 00:41:46,540 --> 00:41:48,900 Douglas Wombo and the Supreme Court. 641 00:41:50,160 --> 00:41:51,400 I had a moment. 642 00:41:53,840 --> 00:41:55,380 Kimberly, what are you doing here? 643 00:41:55,980 --> 00:41:56,980 This came in. 644 00:42:03,380 --> 00:42:04,380 What? 645 00:42:06,380 --> 00:42:07,960 How could they rule so fast? 646 00:42:19,380 --> 00:42:21,020 Our appeal was denied. 647 00:42:26,220 --> 00:42:27,300 What does it mean? 648 00:42:29,420 --> 00:42:30,420 What does it mean? 649 00:42:32,740 --> 00:42:33,740 It's over. 650 00:42:33,800 --> 00:42:34,800 We've lost. 651 00:42:36,380 --> 00:42:37,980 You said the law was with us. 652 00:42:38,580 --> 00:42:40,160 You said they follow the law. 653 00:42:41,620 --> 00:42:43,180 I don't know what to say. 654 00:42:44,780 --> 00:42:46,220 But the law just changed. 50294

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