All language subtitles for Boston Legal - 4x17 - The Court Supreme.XOR.en

Previously on Boston Legal...

I met somebody wonderful.

Fab. And?

And she's suing me
for sexual assault.

You need to talk directly to her
and hope she's persuaded.

Do we have a chance
of getting back?

I... Would like that.

Mr. Shor

you came down here
from massachusetts?

Yes. You know what I'd like to propose?

I'd like to propose
that you got a problem

with the death penalty
in general.

Now is that why you came
here, sir? I have a problem

with the state executing a man
with diminished capacity.

Jerry?

Katie. Hello. Welcome.
Hello.

Everything all right?
Yes. Hello. Welcome.

Jerry, your face is beet red.
Are you sure you're okay?

I'm fine.
I'm not sure you are.

Look at his face.
He's completely scarlet.

I'm fine. Jerry, look at me.

Has he been drinking?

What's going on, jerry?

Nothin'.

Jerry.

I lost my cherry.

okay, but first,
i'm assuming the sex was safe.

Of course.

Why are you looking at me
like I've done something bad?

I thought sex was supposed to be
something wonderful?

Well, it is. It is.

Was it?

Yes. It was tender.
It was lovely.

It was everything I ever imagined.

And it was with dana?

Of course it was with dana.
She's my girlfriend.

Alan. Ah, could I steal you
for a second? It's important.

I lost my cherry.

Alan?

what's going on?

We have a new client.

He raped an 8-year-old girl.
He's been convicted.

His lawyer has come to us
to handle his appeal.

Specifically, she asked
for you. I'll pass.

The man has been sentenced
to death, alan.

The appeal is before
the united states supreme court.

Theunited states supreme court.

The argument is scheduled
for wednesday.

I brought all the files
up with me, so--

This wednesday? Isn't this
a little last-minute?

Well, the truth is,
I planned to argue it myself,

but I've tried three cases
in my life,

and I'm not ready
for the supreme court.

And you think he is?

I've read the transcript
from his death case in texas.

You're what I'm looking for.

I have a flight waiting
to louisiana.

That's where the client is.
I'd like for you to meet him.

I ca--

Did he do it?

He says he didn't.
He has an i.q. Of 70, so..

Well, executions
of the mentally disabled

are unconstitutional, so-- he was
never officially pronounced disabled.

A 70 i.q. Only puts him
in range, but in louisiana--

Oh, he could be governor.

I'm from louisiana.

I'm sorry.

It's just when it comes
to jokes or women,

I can never resist
the cheap ones.

Are you cheap?
After you meet the client,

I've arranged for the mooters
to be here tonight.

The mooters? A law firm that preps
lawyers to argue before the supreme court.

Most have
argued there themselves,

clerked for the justices.

They'll tell you how they think,
how each one will likely vote.

They'll put you through
a mini boot camp

to make sure you're ready.
In just two days?

In just two days.

Fired up? Ready to go?

The fact
that the supreme court

is even willing
to listen to your case

is a very good thing.

Will I get to go home?

No, lenny.

You-- you'll probably never
get to go home.

I explained this. This is...

Well, uh, to stop them
from executing you.

I never was arrested
for a crime before.

You can check.

I never, ever been arrested
or convicted of anything.

Will you tell them that?

I will.

And I didn't do what
they said I did. I promise.

Make sure
you tell them that.

That's really important.

That's really... Important.

Call her?

Well, it wouldn't be
the worst idea.

What should I say?

Well, perhaps exactly what
you shared with alan and me,

that you found it tender,
loving... Magical.

Okay.

Hi, jey.
Dana, hello. Welcome.

I was just about to call you
to tell you the sex was tender,

loving and magical.

I'm sorry.
That's okay.

I'll give you some privacy.

I just came by to say
the same thing, jerry.

Last night
was really special for me.

It was?

It was everything
that making love should be.

You were caring, respectful.

You're a wonderful man.

You're a wonderful woman.

What a day.

It isn't even over yet.

What?

Little field trip, alan?

You think you're going

to the supreme court
without me?

Denny, this isn't your kind of case.
If it's before the supreme court,

it's my kind of case.

The ient raped a child.

It's not about the client.
It's about me.

Denny-- the only thing
missing from my legacy

is an appearance before
the highest court in the land.

My best friend has the power
to make that happen,

and he didn't tell me.

Denny,
the supreme court

isn't the place
for my nonsense,

much less... Yours.

I can behave.

I can suck it up
one more time,

like I did for my murder trial
in january,

when I rose up
and proved to the world...

I won that, right?
You did.

Alan...

Please.

I have actually
dreamed about this

more than anything.

You've never told me that.

Well, I never thought
i'd have the chance.

And... Well,
I guess I never wanted

to admit to myself

that there was anything
I hadn't accomplished.

But... To have the chance,
my god,

you and i,
to do this together...

That would be everything.

Are you out of your mind?

Look, if I do
all the talking--

Denny crane
before the supreme court?

We could sell tickets.

Alan... This is not the time,

and certainly,
definitely not the place.

How much harm
can he really do?

Carl, I'll be doing
all the arguing.

Yes, and as your back
is turned to denny

while you argue,

who's gonna make sure
he keeps his pants up?

You got plans?

Lorraine. Hello.
Welcome. Lips!

Dana?

Lorraine. Hello.

You two know each other?

We do.

Uh, we work out
at the same gym.

How are you two acquainted?
Dana's my girlfriend.

Is she? Well, uh,
congratulations to both of you.

Well, our reservation's
at 6:30.

We better go, jerry.

It was nice
to see you again, lorraine.

You, too, dana.

The moot court will
consist of nine mock justices.

Treat them as you would
the actual justices,

which is to say
with the utmost respect.

You may think you have
some idea of what it's like

to argue
before the supreme court.

Trust me. You do not.

This will be the most difficult,

the most high-pressure
courtroom experience

you'll ever encounter.

The justices are intimidating.

They're often abrupt,
sometimes rude, all formidable.

You make a single misstep,
you're likely to lose.

You have the added pressure
of knowing that if you lose,

your client dies.

Okay, first off,
know that a criminal defendant

has a better chance of getting
a presidential pardon

than a reversal
from the supreme court.

You need five votes.

You're not gonna get roberts,
scalia, thomas or alito,

so don't even bother.

You should get ginsburg,
breyer, souter and stevens.

Kennedy is the swing.
You need to focus on kennedy.

Keep your argument focused
on constitutional issues.

Do not-- do not-- do not
be talking about your client.

Well, if--

He raped a child.

If this turns on whether
they care about him, you lose.

What's up?

This needs to be
kept confidential.

May I have your word
it shall be?

Okay.

Jerry's girlfriend...

Dana strickland...

What about her?

She works for me.

I beg your pardon?

I didn't entirely give up
the brothel business.

Only my london office.

You're still a madam?

I am.

And... Dana is
one of your girls?

She is a rather
high-priced call girl.

May it please the court,
my name is alan shore.

Don't waste time
introducing yourself.

They'll know who you are. Fine. I'd
first like to direct the court's attention

to the fact that my client has an i.q.
Of 70, which-- that's not on the table.

Well, don't you think
u should put it on the table

before killing Mr. Serra?

You speak with a tone like that,
you're done.

The only issue here is,
is it constitutional

to execute
for a nonhomicide rape?

This court already held
incoker v. Georgia

that the death penalty
was not authorized

in nonhomicide ra-- that case did
not speak to the rape of a child.

And also,
the court looked to

a national consensus
at the time,

which was against capital
punishment in nonhomicide cases.

Today the consensus is
different. Wait a second.

So it's to hell
with precedent.

You're going to gauge
popular opinion.

Okay. He's a disaster.

My turn.

So, lenny, we argue
before the court tomorrow.

They probably won't make
a decision right away.

So we all have to be patient.

What about, you know,
that I'm slow?

Does that count?

It does. They'll put you
in charge of fema.

You'll tell them
I didn't do it, right?

Lenny, for the purpose
of this appeal,

they have to assume you did.

I want you to tell them
I didn't.

And I want you to ask them
not to kill me.

I know some guys
want to die.

I don't.

I need you
to tell them that.

Hey, jerry.

How did your dinner go
with dana?

Splendid,thank you.

Splendid.

What's going on?

Jerry, you're aware I once
ran a brothel in london

before coming to america.

Yes. Why?

I run one in boston...

And new york...

And several other large cities.

You do?

It's mostly internet-based.

I rarely meet my employees

unless they're
extremely high earners.

Why are you telling me
all this?

I've met dana...

And it wasn't at a gym.

Many of my employees
are in committed relationships,

and I don't mean to indict
the legitimacy

of yours with dana.

I tell you this simply because,
well, katie and I both feel...

You should know
if you don't already.

Can you please go away now?

For what it's worth,

I know dana to be an honest
and honorable person.

If she tells you
she loves you,

I suspect she loves you.

Please go away. Both of you.

oh, my god.

How lucky can one guy be?

I kissed him,
and he kissed me

like the fella once said

"ain't that
a kick in the head?"

the room
was completely black

I hugged her,
she hugged me back

like the sailor said, quote

"ain't that a hole
in the boat?"

I've sunshine enough
to spread

cigar. Scotch.

And just like the fella said

"tell me quick

ain't love a kick"...

Thank you.

"tell me quick

"ain't love a kick

in the head?"

we coulda gone back to
their place for one drink.

It's the night before
the supreme court,

and I'm tired. It's always
the night before something.

Yes, well,
the something tomorrow

is the highest court,

and a man's life is at stake.
You used to be fun.

Can you begin to appreciate the
gravity of tomorrow's-- oh, please.

A man is facing death. Well,
we all gotta die at one point.

Shut up!

You said you wanted
to be part of this case.

Well, be part of it, damn it.
It's the supreme court.

It's not enough for you
that we're out singing

and drinking
with the go-go girls,

but now you gotta go
back to their...

Sorry.

I don't mean
to snap at you.

I'm nervous, denny.

I really didn't think
I would be,

but I'm a little scared
to death.

I'm sorry.

I've been thinking.

Ah, this kid's...

Best chance...

You should do
all the arguing.

It's enough

that I'm in the room.

My legacy will be complete.

Denny--

I-- I'm not ready to go
toe-to-toe with rehnquist.

Denny, rehnquist is dead.

Even so...

You argue.

I'll flirt with ginsburg
from the table.

Right.

You sure?

I am.

But you gotta do me
two favors though.

First, I bet 50 grand
that we'd get, uh,

clarence thomas to speak.

The man hasn't spoken
a single word

in 154 cases over 2 years.

Well, just mention
anita hill...

The porn collection.

Bait him a little.

I'm not gonna bait
a supreme court justice.

What's the other favor?

Kick ass.

It's our time
in the great hall

in front of the highest court
in the country,

maybe the world.

Be respectful...

But kick ass.

Be alan shore
for all you're worth.

And you know how
they start these sessions?

This, uh, clerk,
this really pretty woman,

she says, "oh, yes,
oh, yes, oh, yes!"

it's like sex, alan.

It's not "oh, yes."
It's "oyez."

What?

Oyez.

Oyez, oyez, oyez.

All persons having business
before the honorable,

the supreme court
of the united states,

are admonished to draw near
and give their attention,

for the court is now sitting.

God save the united states
and this honorable court.

I had no idea
they sat so close.

We're here, alan.
We're really here.

Look at us-- in the supreme court
of the united states.

I love you, man.
I love you, too, denny.

This morning,
we will hear arguments

inserra vs. The state
of louisiana.

Mr. Lazarus.

Mr. Chief justice.

How do you distinguish
this case from coker,

where we barred
the death penalty

for nonhomicide rape? Well,
first, Mr. Chief justice,

coker was linked to the rape
of adult women.

Dull. Where's the remote?
shh.

And second, that ruling
relied on the evidence

na tendencia nacional

of a national trend against
execution for nonhomicide cases.

Today, five states make
child rape a capital offense.

We also have the death penalty
for air piracy and treason,

also nonhomicide offenses.

When a child is raped,

the impact is beyond horrible,
beyond repair.

And the fact that
the raped child doesn't die

doesn't make it
any less heinous,

any less unconscionable,
any less unspeakable,

Hey, jerry.
Ready for lunch?

What's wrong?

Lorraine informs me
you work as an escort

at her service.

Is that true, dana?

Is that true, dana?

yes.

Please leave.

Could I have
an opportunity to explain?

I don't think there's
an explanation you could offer

I would find satisfactory.

Dana, please leave.

Jerry...

I kept part of my life
a lie.

When I tell you
I love you...

That isn't a lie.

What we had
the other night...

That was not a lie.

The punishment
is not disproportionate.

It reflects
the current national consensus.

This court
has been criticized recently

for not standing up
for the little guy.

Well, I'm standing here today
asking you

to stick up
for an 8-year-old girl

who was raped
by the defendant.

Okay, Mr. Lazarus.

The red light indicates
your time is up.

Thank you,
mr. Chief stice.

This is it.

I think
i'd rather be fishing.

Go get 'em.

May it please the court,
mr. Chief justice,

currently there are 3,300 people
on death row in this country.

My client is one of only two
who did not commit murder.

You here to give us
a box score?

I'd like to provide
a context, your honor.

In louisiana,

180 men have been prosecuted
for child rape

since this law
went into effect in 1995.

Leonard serra is the only one
facing death.

Look, counsel, louisiana law
permits death for child rape.

And I would respectfully submit
that law is unconstitutional.

Based on what?

Based on this court's finding in
coker that the death penalty--

Which spoke to the rape
of an adult, not a child.

Maybe you need
to read it again.

And even if I were
to concede your point,

which I don't,

there's a national consensus now
in favor of authorizing

the death penalty
for nonhomicide rape.

Why, because louisiana passed
a barbaric law?

Joing the ranks of
saudi arabia, uganda, china--

And other states in this
country who-- five. Five states.

That's hardly a consensus.

And none of those other states
authorize death

for first-time offenders
as louisiana does.

And it should also be noted,

in its reliance
on a "national consensus,"

you look to trends
in legislation,

laws passed by politicians,
mostly around election time,

when they're desperate
to appear tough on crime.

The people who care the most
about the welfare of children--

Uh, doctors and social workers,

the people who actually treat
abused kids--

Have filed amicus briefs

asking you
to strike down this law

because they know
the death penalty, in fact,

does not protect kids at all,
but rather

it makes it less likely
the children,

even if they've been abused,
will report the crime,

especially if a family member
is involved.

No kid wants to be responsible
for a relative being executed.

And children often get it wrong.

They are uniquely prone
to suggestibility and coercion,

not that the police would ever
be guilty of that, of course.

But we already have an epidemic
of wrongful convictions

in this country--

As many as 15,000 a year,

too many of them
ending up on death row--

And child rape prosecutions
are especially unreliable.

And now we want to add,
uh, the death penalty

to make
these mistakes irrevocable?

Whatever one's feelings are
on capital punishment--

And I realize with this court,
one seems to be for it--

You simply cannot ignore
the fact

that we often screw it up.

We convict the innocent,
we botch executions,

which is many states

have declared a moratorium
on capital punishment.

That's your true
national consensus.

And yet, here comes louisiana,

seeking to expand
the death penalty

to nonhomicide cases--

And this is my favorite part--
To kill the mentally disabled.

Are we serious? This defendant was
never officially pronounced disabled.

But he is just the same,
your honor.

He has an i.q. Of 70.
They're gonna kill him

because there was
no official pronouncement?

The way this goes, counsel,
is we work off a record,

which you are not free to amend. But by
record, you simply mean the conviction.

A reading of the entire record
shows that he denies his guilt

and always has,
he has no prior arrests,

that the victim never even
made the accusation

until a full 20 months
after the alleged crime.

There was no d.n.a.--

Factual innocence is not
something you get to argue.

Well, how silly is that?

You're deciding whether or not
to kill someone,

and his possible innocence
is irrelevant?

Mr. Shore, I don't like
your demeanor, your tone,

and I would remind you
of where you are.

I know exactly where I am,
mr. Chief justice.

I'm in the supreme court
of the united states,

and let me tell you, you folks aren't
as hot as all get out. Dear god.

Let's consider yr respective
senate confirmations.

You all testified under oath

that you never
actually considered

how you would rule on abortion.

You must be kidding me.
Never gave it a thought?

No perjury there?
Justice scalia...

You went duck hunting
with vice president cheney

while he was a named defendant
in a case before this court.

Congratulations on not getting
shot, by the way, but you didn't

exactly avoid the appearance
of impropriety there.

Justice alito, you were caught
hearing a case involving

a company you'd invested
hundreds of thousands

of dollars in. Huh.
No conflt of interest there?

You also don't recuse yourself
in terrorism cases

even though your best friend
is michael chertoff,

head of homeland security.

Seems to me the supreme court
of the united states

should be made of sterner stuff.
Am I right?

Justice thomas, at least
put down the magazine. Hey.

I really don't think you mean
to come after us, counsel.

Oh, but I do. In your short term
as chief justice,

this court,
with your narrow majority,

has turned back the clock
on civil rights,

school segregation,
equal protection, free speech,

abortion, campaign finance.

You've been overtly
and shamelessly pro-business,

making it impossible
for some plaintiffs

to so much as sue corporations,

especially big oil
and big tobacco.

Somebody's gotta go after you.

Exxonmobil made over $40 billion
in 2007--

$40 billion--

And yet 19 years
after the "valdez" oil spill,

plaintiffs are still waiting
to be fully compensated.

Justice scalia, you want to
overturn the verdict all together

because it's not
the company's fault

that the ship's captain
got drunk?

But he was a drunk
and they knew it.

Perhaps not the best choice

to pilot 53 million gallons
of crude oil

through an environmentally sensitive
area. You are getting so far off point.

My point is,
who are you people?

You've transformed this court
from being

a governmental branchdevotedto
civil rights and liberties

into a protector
of discrimination,

a guardian of government,

a slave to moneyed interests
and big business,

and today-- hallelujah--
You seek to kill

a mentally disabled man.

I'm curious. As a group,
how many executions

have you all actually witnessed?

I'm sorry. That's...

That's unfair.

I've seen five.

And it is the most inhumane...

Cruel, and unusual hypocrisy

of a system
that promises to be just.

I'll ask you to leave
your personal politics

out of this, counsel. And I'd
ask you to do exactly the same.

The supreme court
was intended

to be free
and unadulterated by politics.

It is now dominated by it.

You're handpicked by presidents
with ideological agendas,

and of the 2 dozen
5-4 decisions

in your 2006-2007 term,

19 broke straight across
ideological lines.

That's politics.

And while you claim to be
against judicial activism,

you rewrote-- uh, check that--
Invented new law

to decide a presidential
election, for god sake.

If that's the way it's gonna be,
then at least have the decency

to put your names on ballots
like the rest of the politicians

so that we, the people,
get a voice.

Mr. Shore,
you have said quite enough.

Now you might consider

using what little time
you have remaining

to represent your client

instead of your own
left-wing agenda. Yes.

I absolutely cannot...
Stand up here

and ask anybody to excuse
the rape of a child.

If it were my child, I'd want
to shoot the son of a bitch

in front of the courthouse.

But the more evolved response

would be to take into account
all the circumstances

and to deliberate and decide
whether leonard serra

truly represents the worst
of the worst of humanity,

for whom we reserve
the death penalty.

I've been... Advised
by my advisors

not to talk about leonard,

but I am going to talk about him

because leonard serra
is not in any way the worst.

Leonard is not a son of a bitch.

Emotionally, intellectually,
he is a child.

Is this reallythe person
to make an example of?

Of all the men louisiana

has prosecuted for child rape
since the passage of this law,

only leonard
has been sentenced to death.

Does it strike
any of you as fair

that the one guy singled out
is the one with an i.q. Of 70?

Really?

Leonard serra is black.

In louisiana, historically,
it's been blacks

that have been executed for rape
in nonhomicide cases.

In the last hundred years,

louisiana has executed
29 men for rape.

All were black.

On the face of this building,

it reads,
"equal justice under law."

I would beg you to honor that.

And finally I'd like to say,

despite my tone...

I have always been

and still am in...

Enormous awe
of this institution.

Elected officials represent
the will of the american people.

But the supreme court
has always reflected our soul

and our... Conscience.

My conscience,
and I hope yours,

simply cannot reconcile

executing
a mentally disabled man,

whether he was officially
pronounced as such or not.

We have to be
better than that...

Even if louisiana isn't.

You know, on the... Back
of this building

is that magnificent sculpture,

part of which symbolizes
the concept of...

Justice tempered by mercy.

If mercy truly lives
within these walls,

within your hearts
as justices, as people,

you cannot cause this man
to be injected with chemicals

for the purpose of killing him

for a crime it's very possible
he did not commit.

He asked me to tell you that,

that he... Did not commit it.

He felt it was important
that you... Know that.

He also asked me to tell you...

He doesn't want to die.

Well, how long
before they rule?

Do we have any idea?

Could be weeks,
even months?

Do I have any chance?
Well, if--

I mean with you. Let's just
say lenny serra's chances

would be better than yours.
Tease.

Well,
this is good-bye, then.

Yes. Thank you.

Listen, I'm not a very
sentimental person, but--

Hey, if you're gonna say
anything mushy, direct it at me.

I'll direct it at him.

My father tried
to discourage me

from the practice of law,

suggesting that the profession
was anything but noble.

Listening to you today...

Well, good-bye, alan,

and thank you.

Carl.

Audrey.

Just to clarify,
since you did all the arguing,

should we lose, this does not
count on my record.

Of course not, denny.

I don't plan to end up 18-1,
if you get my drift.

Alan...

Uh, one second?

For the record,

though some lawyers
would've found

your little performance
heroic today,

and say, "wow,
you really are something,"

be aware, it's not the policy
of crane, poole & schmidt

to attack, dismiss, disrespect

the supreme court
of the united states.

And should you ever
have opportunity

to revisit the great hall,

you will conduct yourself
in a manner more commensurate

with the values
and policies of this firm.

Notwithstanding, there are
those who might think...

You really are something.

Got it?

Got it.

Hey, jerry.

hey.

You talked to dana?

I did.

We're done, finis,
terminare...

Kaputski.

I'm sorry to hear that.

Even though I'm sure
it has to...

What is that?

That's patty.
We've reconnected.

You've r-reconnected
with a doll?

yes.

Jerry...

Having a relationship with...
An inanimate friend

suggests a certain willingness
on our part

to forsake
conventional expectations.

Might such an open-mindedness

occasion you to consider
a relationship with dana,

if you two
really love each other?

Go out with a call girl?
Do I look that desperate?

You don't seem at all desperate
enough to date a doll.

Look, I'm not saying it wasn't
right to end things with dana,

but I am saying...
Love is difficult to find.

It's very difficult.

Perhaps you might take
a day or two

before declaring ifinis,
terminare,

and especially kaputski.

There's a certain finality
to ending things in polish.

I'm not gonna date
a call girl, okay?

Okay.

Well... Good night, then.

Good night.

I thought scalia
would rupture a blood vessel.

And did you see alito?

He hasn't been so offended

since they let blacks
and girls into princeton.

I didn't really mean
to go on the attack.

I just...

Did I at least make sense?

Not to me.

But I'll tell you this,
I admire you.

To march
into the supreme court

and fight for a principle
you believe in-- wow.

How many people
have such a chance

and actually seize it?

You made me proud.

My favorite part...

Was when you got
clarence thomas to talk.

We got to see
the white house.

Up close,
as close as ginsburg's mole.

Did you see her
making eyes at me?

Oh, she was hot for me.

What woman isn't?

It's my curse.

You know, I was thinking
about what you said

about mercy.

I sometimes wonder whether
that'll be part of my legacy.

I mean, will someone stand up
at my funeral and say,

"that man had mercy
in his heart"?

I will.

I hope
they don't kill that kid.

I'm for capital punishment...

But I hope
they don't kill him.

Yeah.

I read... Somewhere...

"make time to travel
with a loved one

to a special place."

You and I--
First nimmo bay...

And now the supreme court.

Where to next?

I'll think of someplace.

'cause we're not done, alan.

No, we're not.

Not even close.

Maybe we could go
to wednesdays.

Next week?

Why not?

Wednesdays...
I like it.

Synchro : Speedo
Transcript : Swsub.com