All language subtitles for Swing Vote [1999] [1080p] ENG

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NEWS ANCHOR: We're gonna
go live now to John Woodward

in Washington D.C.,
where he's standing by

in Washington D.C.,
where he's standing by

to bring us the latest,
as the Supreme Court convenes

for this historic
emergency session.

Today, less than one year ago,
the Supreme Court shocked

Today, less than one year ago,
the Supreme Court shocked

this nation
by overturning Roe versus Wade.

landmark 1973 decision,

landmark 1973 decision,

which permitted
abortion on demand.

The reversal allowed
each of the fifty states

The reversal allowed
each of the fifty states

to create its own laws
concerning the legality

of abortion.
Today, thousands of protesters

are in the streets
across the country

are in the streets
across the country

as this crisis comes to a head.

Tomorrow morning,
the Supreme Court will hear

oral arguments in the case
of Ginny Mapes versus Alabama,

oral arguments in the case
of Ginny Mapes versus Alabama,

where for the first time,
a woman has been convicted

of First-Degree Murder
for having an abortion.

of First-Degree Murder
for having an abortion.

The justices
have been called back

from far flung vacations

for this historic
emergency session.

for this historic
emergency session.

It is a seemingly
impossible battle

for pro-choice advocates,

since only three justices
voted last year

since only three justices
voted last year

to defend abortion rights.
And one of them,

the ailing Harlan Greene,
has now retired from the Court

the ailing Harlan Greene,
has now retired from the Court

and will be replaced by newly
appointed Supreme Court Justice,

Joseph Kirkland.

Joseph Kirkland.

[♪♪♪♪♪]

[♪♪♪♪♪]

♪ Payday, oh, payday ♪

♪ Payday, oh, payday ♪

♪ In Coal Creek Number One ♪

-Nice acoustics in this place.
-Hmm.

We're getting every note.

Sorry.

-You are playing the piano.
-And I like playing.

-You are playing the piano.
-And I like playing.

-At 3:21 a.m.?
-And that's when I likes it.

-You'll be fine.
-[SIGHS]

[♪♪♪♪♪]

[♪♪♪♪♪]

[DOOR CLOSING]

-So?
-Help.

[CHUCKLES] First day jitters.

[CHUCKLES] First day jitters.

Oh, it's just like
any other job.

They lucked out, getting you.

They lucked out, getting you.

You'll know when.

-Thanks.
-Yeah.

-Thanks.
-Yeah.

[♪♪♪♪♪]

-CALLIE: Oh. Hi, hi.
-Oh, hi.

JOSEPH: That's--
I got it, thanks.

I'm-- I'm Callie McPherson,
your law clerk.

I'm-- I'm Callie McPherson,
your law clerk.

Right. Joseph Kirkland.

It is such an honor
to meet you. Really.

It is such an honor
to meet you. Really.

-This is such--
-Please, hold your applause

I'm a beginner myself.

-You just fly in?
-Yes, I rented a house

-You just fly in?
-Yes, I rented a house

I've never seen before,
rented cars.

Half of our stuff
is not even here yet.

Half of our stuff
is not even here yet.

So, tell me about the others.

-Anymore clerks?
-There are no others.

-Anymore clerks?
-There are no others.

There wasn't time.
We'll pick later.

How much later?

Well, this first one
is just you and me, kid.

Well, this first one
is just you and me, kid.

-I'm glad you're not scared.
-[CALLIE CHUCKLING]

-I'm glad you're not scared.
-[CALLIE CHUCKLING]

We'll get by.
We'll lean on each other.

[BUZZER BUZZING]

[BUZZER BUZZING]

That's you.

[INDISTINCT CHATTER]

[INDISTINCT CHATTER]

I thought it was right there...

-Hi.
-Hello, Joseph,

-Hi.
-Hello, Joseph,

-it's very good to see you.
-JOSEPH: Likewise.

-I'm Eli MacCorckle.
-Yes, of course.

And this is Benjamin Ripley.
Say hello to Rip.

-Hello, Benjamin.
-Hello, Joseph.

-Hello, Benjamin.
-Hello, Joseph.

-Welcome to the club.
-Thank you very much.

ELI: Dan Morrisey.

Well, I'm honored
to meet you, sir.

Well, I'm honored
to meet you, sir.

-DAN: Welcome, Joseph.
-Thank you very much.

-Sara. Sara Brandwynne.
-JOSEPH: Yes, of course.

We're all so happy
to welcome you.

We're all so happy
to welcome you.

JOSEPH: Well,
I'm happy to be here, Sara.

And this is Henry Banks.
Henry, say hello to Joseph.

Oh, hello, Henry.

Joseph.

Now, now,
I think you should apologize

to this man
for screwing up his holiday.

-No, that's not true.
-Thanks for falling by, Joseph.

-No, that's not true.
-Thanks for falling by, Joseph.

-We're counting on you.
-I'll try my best.

-ELI: You play poker, Joseph?
-Yes.

-ELI: You play poker, Joseph?
-Yes.

Well, that's good. Because
some of us play at Rip's,

and we even let Henry
sit in sometimes,

seeing as
the ACLU makes us.

-[CHUCKLING]
-JOSEPH: [CHUCKLING] Thanks.

-[CHUCKLING]
-JOSEPH: [CHUCKLING] Thanks.

Hello, Joseph.

I'm Will Dunn.

-Of course.
-Glad to have you with us.

-Of course.
-Glad to have you with us.

-Thank you. I'm glad to be here.
-And this is Clore Cawley.

He's our teacher,
and the guardian of our souls.

He's our teacher,
and the guardian of our souls.

-I'm privileged.
-ELI: Makes him the only one

of us fascists
that Will can tolerate.

[CHUCKLES]

Don't listen to The Cork,
young man.

Only The Cork does that.

Only The Cork does that.

-[CHUCKLES]
-Of course, he's tickled.

He doesn't have to lock horns
with Harlan anymore.

Well, you know,
I never voted against Harlan,

Well, you know,
I never voted against Harlan,

and Clore could
never vote with him,

yet I couldn't tell you
which of us loves him the most.

-A giant, giant man.
-Yeah.

-A giant, giant man.
-Yeah.

You think about Harlan Greene,
he had fresh eyes, Joseph.

You think about Harlan Greene,
he had fresh eyes, Joseph.

He still does.

HENRY:
That's the seat he left vacant,

the fresh eyes seat.
Get the feel of it, man.

the fresh eyes seat.
Get the feel of it, man.

-We need it filled.
-Excuse me, Henry,

why don't we just
save Joseph the trouble,

-and give you his vote.
-While you're at it, Chief,

-and give you his vote.
-While you're at it, Chief,

-you can give me yours.
-CHIEF JUSTICE: Uh-oh.

Careful, Chief,
you may give Joseph

Careful, Chief,
you may give Joseph

-the right impression.
-[CHUCKLES]

Not just yet. Will and I,
we-- we have a surprise for you.

Not just yet. Will and I,
we-- we have a surprise for you.

-Will?
-Oh, yes.

We didn't have time
to get you your own robe.

We didn't have time
to get you your own robe.

So, I called Harlan
at the hospital.

[♪♪♪♪♪]

[♪♪♪♪♪]

Well, I can see the gesture
doesn't go unnoticed.

Well, I can see the gesture
doesn't go unnoticed.

-CHIEF JUSTICE: Come on, kid.
-WILL: Gimmie your jacket.

JOSEPH: Thank you.

JOSEPH: Thank you.

CHIEF JUSTICE:
Try a man's robe on for size.

This one's bulletproof.
It'll get you through.

This one's bulletproof.
It'll get you through.

[APPLAUDS]

[APPLAUDS]

Thank you.

Wear this robe, you don't
need look to any man.

Harlan says
that "this buys him the vote."

Any vote, except this one.

Any vote, except this one.

There's a lot of pixie dust
in this robe, Joseph.

Keep your pores open.

Keep your pores open.

[CLEARS THROAT]

[CLEARS THROAT]

-SARA: Joseph?
-Oh, sorry.

SARA: I pledged this fraternity
for five years.

SARA: I pledged this fraternity
for five years.

-It's your turn now.
-Right. Okay.

CHIEF JUSTICE:
She means the door is closed.

CHIEF JUSTICE:
She means the door is closed.

-Oh, sorry.
-[ALL CHUCKLE]

I'll get it down.

DAN: Yes, you can pick up
my dry cleaning later, Joseph.

Right.

Right.

-SARA: Good luck.
-Thanks.

I'm right to your left.

I'm right to your left.

Stage left.
No political obligations.

BAILIFF: The Honorable,
the Chief Justice,

BAILIFF: The Honorable,
the Chief Justice,

and the Associate Justices
of the Supreme Court

of the United States.

Oyez, oyez, oyez.

All persons having business
before the honorable,

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

for the Court is now sitting.
God save the United States

and this honorable Court.

-[BANGS GAVEL]
-[♪♪♪♪♪♪]

-[BANGS GAVEL]
-[♪♪♪♪♪♪]

An extraordinary day.

This Court convenes
in special session

This Court convenes
in special session

only under the rarest
of circumstances,

and we have deemed a case
urgent enough to bypass

and we have deemed a case
urgent enough to bypass

the normal appeals process,
and be taken on immediately

by the nation's highest court.

In the case here before us,
two critical issues

In the case here before us,
two critical issues

are the right
of individual choice,

and the protection
of human life.

and the protection
of human life.

We ask each
of our fellow citizens

to consider both
of these principles.

Should you take to the streets
to show your support

of either side, violence

will not be tolerated.

will not be tolerated.

This morning,
oral argument in the appeal

of Miss Mapes
against the State of Alabama.

of Miss Mapes
against the State of Alabama.

-Ready for repentant?
-Ready, Mister Chief Justice.

CHIEF JUSTICE: Before we begin,
I would like to make

a special request
for absolute quiet

a special request
for absolute quiet

in the courtroom audience.
Members of this court

in the courtroom audience.
Members of this court

wish that those involved
are able to state their case,

their arguments,
with maximum clarity

their arguments,
with maximum clarity

to our maximum comprehension.

[♪♪♪♪♪]

[♪♪♪♪♪]

[BUZZER BUZZING]

Conference buzzer.

Conference buzzer.

So subtle I hardly noticed.

Take it easy on this one, Boss.
There's no sweat.

Take it easy on this one, Boss.
There's no sweat.

This court was six-three
to overturn Roe v. Wade.

Now with Greene gone,
there's just Dunn and Banks

Now with Greene gone,
there's just Dunn and Banks

-to stand up for pro-choice.
-And then there's you.

-How do you figure that?
-Tone of voice.

-How do you figure that?
-Tone of voice.

I'm just saying
it's six to two against Mapes,

so you don't matter either way.

I just mean it takes
the pressure off your vote...

which is...

Irrelevant, so I'm told.

[♪♪♪♪♪]

[♪♪♪♪♪]

We welcome Joseph
to his first conference.

We welcome Joseph
to his first conference.

-Thank you.
-Tell me, Joseph,

how did you find the quality
of the lawyering out there?

Hmm, disappointing.

It's good to have
a trial lawyer at the table.

It's good to have
a trial lawyer at the table.

For the record,
I couldn't agree more.

You, uh, you know
how conference goes?

You, uh, you know
how conference goes?

-Yes, I've read books.
-CHIEF JUSTICE: I lay it out,

short and sweet.
We speak in order.

short and sweet.
We speak in order.

Hardest arteries first.

A tentative vote,
very tentative.

Start getting a sense
of where the majority lies,

Start getting a sense
of where the majority lies,

only this time...

the majority's not enough, Will.

the majority's not enough, Will.

Nine in a line.

Why, Bobby, does that mean
you've come around?

Why, Bobby, does that mean
you've come around?

Oh.

Why don't you tell
our young friend here why

a simple win
isn't good enough for you?

-Why you're out for blood.
-Less than a year ago,

I got six votes
to overturn Roe v. Wade.

I got six votes
to overturn Roe v. Wade.

But my so-called majority
couldn't agree on a set

But my so-called majority
couldn't agree on a set

of uniformed guidelines
to implement the decision.

Three of us, on one opinion.

Three of us, on one opinion.

But Sara and the court
wanting lenient sentencing.

And Ripley issues
his own unwavering opinion

And Ripley issues
his own unwavering opinion

that we're all going to hell
in a hand basket anyway.

No more than three
on any one opinion.

Including the dissent.
Now three out of nine

Including the dissent.
Now three out of nine

is not a majority,
no matter how much you--

you try
to convince yourself that it is.

you try
to convince yourself that it is.

So, I had to leave
the rule making for the States

to sort out,
and what do we get, Will?

to sort out,
and what do we get, Will?

Fifty States, hundreds
of laws all over the place.

Women running
from one state to another,

Women running
from one state to another,

trying to find
the set-up they like.

New statutes every week,
and nobody knows which ones

New statutes every week,
and nobody knows which ones

are constitutional.

That's why
they're on the streets, Will.

We let 'em down.
Now what we need

We let 'em down.
Now what we need

is a strong majority
on a unified opinion.

We have to let them know
that our nine minds here

We have to let them know
that our nine minds here

are of one mind
when it comes to the topic

of abortion on demand.
We have to send a message that,

of abortion on demand.
We have to send a message that,

that our decision will stand,
until at least five of us

that our decision will stand,
until at least five of us

retire from the court.

What we have here
is an Alabama law

that says,
"Abortion is murder one."

That could mean that women,
their doctors,

anyone who is an accessory
before or after the fact

could be executed.
That's how mad we've become.

Why is it mad, Will,
to punish murder?

Why is it mad, Will,
to punish murder?

Alabama's constitution
now states that life begins

Alabama's constitution
now states that life begins

at conception.
It follows if you kill a fetus

you're murdering a human.
And since abortion

is premeditated,
the murder is First Degree.

is premeditated,
the murder is First Degree.

One day after birth,
one day before,

six months after birth,
or six months before,

six months after birth,
or six months before,

it is still murder.

HENRY: Well, that's
Alabama's constitution, Rip.

And if I remember,
they lost some war way back.

And if I remember,
they lost some war way back.

Makes them listen
to our constitution.

Well, our constitution
makes no provision

which magically guarantees
women the right to take the life

that they created.
So said this court

that they created.
So said this court

ten months ago
when we overturned Roe v. Wade.

HENRY:
Until this court says otherwise.

But the Fourteenth Amendment
expressly forbids

But the Fourteenth Amendment
expressly forbids

taking human life
without due process of law.

This little ‘Bama statute
violates more provisions

of our constitution than
you got old Regan buttons, Rip.

of our constitution than
you got old Regan buttons, Rip.

It's vague. It's arbitrary.

It makes no exception
for abortions because of rape,

It makes no exception
for abortions because of rape,

incest, deformed fetus,

or even to save
the life of the mother.

or even to save
the life of the mother.

Abortion is dead, Will.

And this country needs
some fair rules to bury it by.

And this country needs
some fair rules to bury it by.

Now, we have
to affirm Mapes' conviction.

If we set her free,
they'll think that Roe is back.

If we set her free,
they'll think that Roe is back.

Whatever we say, and without
Harlan on this court, you know,

you and Henry
can't count higher than two.

you and Henry
can't count higher than two.

[♪♪♪♪♪]

[♪♪♪♪♪]

You got no way to win.

-Did I miss a vote here?
-No, damn it, just the point.

What is the point, Bobby?

Are you trying to cut a deal
right here in conference?

Could you hear Ollie Holmes
right now just whirling around

-in his grave?
-Vote with us...

-in his grave?
-Vote with us...

and we'll draft
a clear ruling that requires

reasonable sentencing.

reasonable sentencing.

No witch hunts.
No unreasonable prison term.

What's a reasonable
prison term, Bobby?

What's a reasonable
prison term, Bobby?

For a frightened woman

who doesn't
want to bear a child?

RIPLEY: As long as
it takes to execute the law,

RIPLEY: As long as
it takes to execute the law,

with mercy and compassion.

It's a law
to protect unborn babies,

and a ten-dollar fine
isn't gonna cut it, Will.

and a ten-dollar fine
isn't gonna cut it, Will.

Come on, Rip,
what's gonna cut it?

One year? Two?

A sliding scale
the older the fetus. What?

A sliding scale
the older the fetus. What?

Sit with The Cork, Willie.
Hammer it out with him.

I'll go with his recommendation,
I promise.

I'll go with his recommendation,
I promise.

Be part of the process.
That's no deal.

That's right, Bobby.
It's no deal.

That's right, Bobby.
It's no deal.

-I would vote to affirm.
-Reverse.

Clore?

Clore?

Clore passes.
We'll come back. Dan?

Clore passes.
We'll come back. Dan?

I think I would vote
to affirm to convict.

I appreciate the pain
of these women,

I appreciate the pain
of these women,

but life is sacred.

And you can't bargain with it.
I'm sorry, Willie.

And you can't bargain with it.
I'm sorry, Willie.

I'm sorry. That's all.

I would vote
to affirm in council leniency,

but there is some right
to privacy implied

in the Fourteenth Amendment.
And I think there is,

in the Fourteenth Amendment.
And I think there is,

it does not constitutionally
guarantee a woman

the right to abortion on demand.

Alabama may choose, as it has,
to defend the right of the fetus

Alabama may choose, as it has,
to defend the right of the fetus

if due process is observed.

I just--
I can't see felony here, Rip.

I just--
I can't see felony here, Rip.

It's too open ended.
These women are desperate,

and innocent at heart.
I think we suggest misdemeanor.

and innocent at heart.
I think we suggest misdemeanor.

A fine, short jail, 30,
60 days, community service.

A fine, short jail, 30,
60 days, community service.

-Well, how about a spanking?
-Only if it's reciprocal.

The judge should
get something out of this.

The judge should
get something out of this.

Henry, what'll it take?
I need eight votes, Hank.

Henry, what'll it take?
I need eight votes, Hank.

Why don't we write
the opinion together?

You, me, The Cork.

Send in a-- a balanced draft.

Send in a-- a balanced draft.

Not this time, Chief.
The lady is innocent

of any crime and I don't
intend to sell her out.

of any crime and I don't
intend to sell her out.

Reverse.

Rip? Repent and reverse.

Rip? Repent and reverse.

God, the suspense.

Affirm, of course.
But I can't go along

with The Cork's opinion.

with The Cork's opinion.

I'll have to concur separately.

Sleep on it, Rip.
I need one set of rules.

I believe the fetus
to be a person

I believe the fetus
to be a person

under the Fourteenth Amendment,
which means it's life

is constitutionally guaranteed,
and no law permitting abortion

is constitutionally guaranteed,
and no law permitting abortion

could ever be valid.

Dan Morrisey and I are talking.

He may join me.

I don't think The Cork's
misdemeanor approach

-will get the job done.
-RIPLEY: There was an abortion

-will get the job done.
-RIPLEY: There was an abortion

performed every 20 seconds
in this country.

That's a lot of minds
to change, Bobby.

Clore, if, uh,
if we let you write the opinion,

Clore, if, uh,
if we let you write the opinion,

would you do that
and bring us all together?

would you do that
and bring us all together?

I haven't voted yet.

Reverse.

He's easy on abortion, Bobby.

He's not with you
on the statute.

Alabama wants to make
a state law that says, "abortion

Alabama wants to make
a state law that says, "abortion

is murder one,"
you're gonna have to write a law

that's a little fairer
than this one.

It's a bad statute, I admit,
but three votes to reverse

It's a bad statute, I admit,
but three votes to reverse

sends a dangerous message.

Sara?

How 'bout we try it together?
Write it down the middle?

How 'bout we try it together?
Write it down the middle?

I'm not eligible.

I'm not in the majority.
I would vote to reverse.

I'm not in the majority.
I would vote to reverse.

I had an abortion...

sixteen years ago...

sixteen years ago...

with the knowledge
and consent of my husband.

Abortion is wrong.
Mine was wrong.

But I can't put
these women in prison.

But I can't put
these women in prison.

That's wrong, too.

You voted against
abortion on demand--

You voted against
abortion on demand--

This is the first time
the mother is a criminal.

I always knew I'd get off here.

You just never quite asked.

Well Joseph, you still here?

Jump right in.

Jump right in.

All of a sudden, it's four-four.

Keep your pores open.

Joseph, how would you vote?

Joseph, how would you vote?

I don't know yet.

It's a tentative vote.
How are you leaning?

It's a tentative vote.
How are you leaning?

I asked you a damn question.
How are you leaning?

Towards doing what's right.

When I figure that out,
I'll let you know.

[♪♪♪♪♪]

[♪♪♪♪♪]

CHIEF JUSTICE: Here 40 years,

you'll never see
another conference like that.

you'll never see
another conference like that.

Conferences are
scholarly, respectful.

Any horse trading goes on
happens later, quietly.

Any horse trading goes on
happens later, quietly.

It's Friday.

This weekend there's gonna be
a half-million demonstrators

This weekend there's gonna be
a half-million demonstrators

all over this town,
and a few million more

in a hundred other cities,
so thi--

this is no time to choke up.

We can't wait till Monday.

-Hmm.
-Still want nine votes?

Sure.

Let's start with yours.

You know there's a song.
Uh, maybe it's a poem.

-"Joseph, We Hardly Knew Ya."
-What was there to know?

I've never been
a judge at any level.

Brandeis wasn't a judge.
He did all right.

I mean, what created
expectations about my vote?

[CHUCKLES] Moderate republican.

Made a good living
litigating for corporations.

-That makes me pro-life?
-You defended Arthur Jacklin.

-That makes me pro-life?
-You defended Arthur Jacklin.

He was my client, not my guru.
I mentioned that

about a hundred times
during my confirmation hearings.

about a hundred times
during my confirmation hearings.

Arthur is pro-life but he's
committed to non-violence,

and I admire that.
Now he gets busted,

and I admire that.
Now he gets busted,

and the liberals,
they sit on their hands

-because he's not pro-choice.
-So. you just jumped in,

dropped all your insurance
companies, hospitals--

He is the Martin Luther King
of his movement.

I thought
that was worth a defense.

I thought
that was worth a defense.

You defended a man, not a cause.

And you told the Senate,
in no uncertain terms,

that you had
no prejudgment on abortion.

So, why should I have any
expectations about your vote?

So, why should I have any
expectations about your vote?

Why, indeed.

Of course, the media says
that the Jacklin case

Of course, the media says
that the Jacklin case

was the only thing
got you nominated.

Says the media.
They're pretty dumb.

Just a trail lawyer,
albeit a rich one.

No judicial experience,

catapulted to the High Court
because the President needed

catapulted to the High Court
because the President needed

a clean, charismatic,

and reliable vote
against abortion.

and reliable vote
against abortion.

Which the media says,

"is the President's
top priority."

But as we know the media is...

But as we know the media is...

pretty dumb.

-What did you tell him?
-JOSEPH: Who?

You couldn't mean
the President, could you?

Because for the President
to take a meeting with me,

Because for the President
to take a meeting with me,

and pretend it was perfunctory,
and social and then try

to ascertain
my views on abortion

to ascertain
my views on abortion

before nominating me?

Oh, that would have been
incredibly improper of him,

as if he were trying
to stack the court.

Lucky that meeting
never happened.

Lucky that meeting
never happened.

-JOSEPH: Hmm.
-And if it had...

he never would
have asked directly.

he never would
have asked directly.

Oh, he doesn't ask
much directly, does he?

But he would have told me
his assumptions and his views,

But he would have told me
his assumptions and his views,

and watched to see
if I contradicted him.

-What would you have done?
-Oh, I would have been

so bone deep shocked,
that I would have kept

so bone deep shocked,
that I would have kept

my damn mouth shut
and let the son of a bitch

-assume whatever he wanted.
-And why would you do that?

-assume whatever he wanted.
-And why would you do that?

Because I would have realized
it's the only way

of getting
an open mind on this court.

of getting
an open mind on this court.

And I might have thought
that this republic

was entitled to it.
Now, if you really wanna know

what happened in that meeting,

what happened in that meeting,

let's get
the New York Times up here

and we'll all talk
about it together,

because I certainly
have nothing to hide.

because I certainly
have nothing to hide.

And when you call over
to Pennsylvania Avenue tonight,

you tell whoever answers
the phone to say a prayer

you tell whoever answers
the phone to say a prayer

for Arthur Jacklin,
because he's the second

best reason I haven't voted
with Will Dunn, yet.

What's the first?

What's the first?

You don't know her.

Here, this statistic stuff
is a bitch.

And this is from
the Library of Congress.

And this is from
the Library of Congress.

-Just put it here.
-Okay.

And then this one
is from upstairs.

Oh, and some old friend
of your wife's called.

Her name is Marley.
Then Mrs. Kirkland phoned,

Her name is Marley.
Then Mrs. Kirkland phoned,

-so I just gave her the number.
-Marley Terrell?

Yeah.

Can you
give me a minute, please?

-And hold my calls.
-Yeah.

[DOOR CLOSING]

[♪♪♪♪♪]

[♪♪♪♪♪]

Hi. How are you?
Very good, thanks.

Hi. How are you?
Very good, thanks.

Oh, well, I don't know.

Oh, well, I don't know.

It's gonna probably be,
uh, kind of late.

Uh, fascinating day,
fascinating. How's your day?

Uh, fascinating day,
fascinating. How's your day?

Yeah, well, you know,
my clerk said

that "Marley Terrell called."

Did you, uh,
did you ring her back?

Did you, uh,
did you ring her back?

Right. What's up?

No, it's not.
We've been through this already.

No, it's not.
We've been through this already.

Well, she's my daughter too,
and I think, you know,

Well, she's my daughter too,
and I think, you know,

you need my vote
before you do anything.

Linda, honey, listen to me.

You're not--
you're not listening

to what I'm saying, okay?
What I'm saying is no.

to what I'm saying, okay?
What I'm saying is no.

All right? No, is what I'm...

Me, too.

I'll try.

I'll try.

Imagine, 1.5 million women
going to prison each year

Imagine, 1.5 million women
going to prison each year

alongside 1.5 million doctors.

alongside 1.5 million doctors.

Well, the insanity
of such a final solution

is truly worthy
of the Third Reich.

And, you know, both Hitler
and Stalin outlawed abortion.

And, you know, both Hitler
and Stalin outlawed abortion.

Also jaywalking.

Also jaywalking.

NEWS ANCHOR: Virginia,
if your conviction is--

-You think she's wrong?
-She bothers me.

-You think she's wrong?
-She bothers me.

You can ask why, Callie.
You can ask anything.

What? She's slick,
packaged, what?

She's a test case.

She's a test case.

She's a lawyer who had
her abortion in Alabama,

because she was handpicked
by pro-choice

to challenge this law.

to challenge this law.

-Why? You think she's heroic?
-More than that.

-Why? You think she's heroic?
-More than that.

Okay, she wins.

Okay, she wins.

-Hey, I like being influential.
-[♪♪♪♪♪]

Nice of you to stop by.

I didn't wanna wake you.

I didn't wanna wake you.

God knows
what might have happened.

-Nice note.
-Did I make you laugh?

-Nice note.
-Did I make you laugh?

All day long, that's all I did.

-Nice people you work with?
-Yes.

-Even the Chief?
-No.

'Cause I really disliked him.

You met him at the swearing in,
and he said ten words to you.

You met him at the swearing in,
and he said ten words to you.

And I disliked
every one of them.

And the horse they rode in on.

I see you're not mad
about this Marley thing.

-Do I look mad?
-You look something.

-Do I look mad?
-You look something.

Maybe it's not
about the Marley thing.

-Maybe it's about your day.
-What?

-Maybe it's about your day.
-What?

Apparently,
you haven't seen the news

since eight o'clock tonight?

since eight o'clock tonight?

And I'm usually
so conscientious.

[SIGHS] Well, it's nothing much.

I just wouldn't give out
the address of this place

unless you want lots of company.

-You can tell me now, I'm ready.
-The vote is four to four.

-You can tell me now, I'm ready.
-The vote is four to four.

You are the swing.

They said that on the news?

[SIGHS] Right.

[♪♪♪♪♪]

JOSEPH:
I want a name and I want it now.

JOSEPH:
I want a name and I want it now.

-Don't do this to me.
-Who leaked this to the press?

-I don't know.
-I expect your loyalty.

-I don't know.
-I expect your loyalty.

Don't you think half the clerks
in this building

knew who it was
within 15 seconds?

Don't put me in the middle.

Don't put me in the middle.

CHIEF JUSTICE: If no clerk
comes forward to

CHIEF JUSTICE: If no clerk
comes forward to

to accept responsibility,

I intend to conduct
the inquiry myself.

Is everybody
comfortable with that?

Is everybody
comfortable with that?

-RIPLEY: No.
-ELI: Well, uh...
[CLEARS THROAT]

...personally speaking,
nobody questions
my clerks but me,

and I don't have any questions.
And if I haven't been

around here long enough
to command that kind of slack,

then, uh, well, maybe I've
been around here too long.

then, uh, well, maybe I've
been around here too long.

Ah! Anybody else?

-I'm doing it like The Cork.
-Yeah, me, too.

-I'm doing it like The Cork.
-Yeah, me, too.

-Here, here.
-Count me in.

Joseph,
you've been here five minutes.

Joseph,
you've been here five minutes.

And I'm laying it all
on the line.

[ALL CHUCKLES]

CHIEF JUSTICE:
What's wrong, Will?

I'm just wondering
about the cheery mood

you're in, Bobby.

Well, whenever I get
to prove the press wrong,

Well, whenever I get
to prove the press wrong,

I get all fuzzy inside.

You see,
they think we're deadlocked.

You see,
they think we're deadlocked.

I have Clore's vote, Will.
And unless anyone jumps ship,

I'm taking the opinion,

affirming
the conviction in this case,

but attacking the Alabama law

for lack
of reasonable exceptions,

for lack
of reasonable exceptions,

and sentencing limitations.

It's going to have the effect
of making them rewrite

the statute, and that's--
that's what Clore wants.

the statute, and that's--
that's what Clore wants.

But too late for Ginny Mapes?

But too late for Ginny Mapes?

She wants
into the history books.

-She's got it.
-Tell me, uh, what kinda

-She's got it.
-Tell me, uh, what kinda

jail terms are you
recommending for these women?

Open ended.
I have to keep it vague.

If I don't,
I'll lose Rip on one side,

If I don't,
I'll lose Rip on one side,

-or The Cork on the other.
-What became of your distaste

-for chaos?
-I've lowered my horizons.

-for chaos?
-I've lowered my horizons.

Right now, I'm happy
to be able to count up to five.

Or is it six?

Joseph, the more I know
about your position,

the better chance I have
to accommodate it.

the better chance I have
to accommodate it.

It's Saturday.

It's Saturday.

Judgment day, tomorrow.

A woman who chooses not
to bear a child is a criminal.

[CROWD INDISTINCT CHATTERING]

[CROWD INDISTINCT CHATTERING]

Only nine people alive
can stop that now.

Pray to God they're listening.

Pray to God they're listening.

[CROWD CHEERS, APPLAUDS]

And who are we,
we women who chose termination

And who are we,
we women who chose termination

of pregnancy?
Well, 20 percent of us

of pregnancy?
Well, 20 percent of us

-are teenagers.
-MAN: A lot of poor people, too.

Fifty-three percent
under the age of 25.

Fifty-three percent
under the age of 25.

-[CROWD CLAMORING]
-Sixty percent are white.

Thirty percent are in school.

Seventy percent of us
are employed.

One-third of us have incomes
below the poverty line.

One-third of us have incomes
below the poverty line.

That's a lot.

We are women, many of us
who cannot afford food, shelter,

We are women, many of us
who cannot afford food, shelter,

clothing for ourselves,
or for our existing,

clothing for ourselves,
or for our existing,

dependent children of whom
we are their sole support.

Now, that is not a sob story.
That is real.

But we are not all poor.
Some of us are simply lonely,

But we are not all poor.
Some of us are simply lonely,

afraid, and unready
to be mothers.

afraid, and unready
to be mothers.

But 70 percent of us
plan on having children

when we're older,
more financially secure,

when we're older,
more financially secure,

when no longer alone.

We made our decision
responsibly...

We made our decision
responsibly...

or fearfully or selfishly.

Or all of the above and more.

We are human.

We are human.

-[CROWD CHEERS AND APPLAUDS]
-[♪♪♪♪♪]

[KNOCKING ON DOOR]

My, my, Sara Marie.

I guess I haven't wandered down
here for a visit since...

I guess I haven't wandered down
here for a visit since...

SARA: Since the last time
you needed something.

-Have a candy.
-CHIEF JUSTICE: No.

-Have a candy.
-CHIEF JUSTICE: No.

I came for your vote,
Sara Marie.

-Ah, why the smile?
-It's the way you said it.

-Ah, why the smile?
-It's the way you said it.

It was exactly like the devil
saying you've come for my soul.

Well, if I were Lucifer
I could count up to nine.

Well, if I were Lucifer
I could count up to nine.

As it is, you're only
gonna take me to six.

I'm writing my dissent, Bobby.

Only until I walked in.

There's no way
you can turn me down.

There's no way
you can turn me down.

The key is, I have enough votes
to win already,

so the conviction
is gonna be affirmed with you

so the conviction
is gonna be affirmed with you

or without you.

I have five votes,
no matter what.

I have five votes,
no matter what.

And if I can't count on you,

I'm going to have
to please Ripley.

And that means maximum
possible sentences.

But, if you join me,
I'll cut Ripley loose.

But, if you join me,
I'll cut Ripley loose.

Let him concur separately,
and you will be personally

Let him concur separately,
and you will be personally

responsible for keeping
the sentences of these women

at minimum or...
or token levels.

at minimum or...
or token levels.

In fact, you can draft
that section of my opinion.

In fact, you can draft
that section of my opinion.

You're the woman, Sara Marie.

We need you to say
"abortion is wrong."

We need you to say
"abortion is wrong."

And that's what you believe.

We need you to stand
for compassionate sentencing.

We need you to stand
for compassionate sentencing.

How can any prison term
be compassionate?

Prison there will be, Sara,
so say five votes.

Prison there will be, Sara,
so say five votes.

The only question
is long prison terms

or next to nothing.
That choice is yours.

or next to nothing.
That choice is yours.

It really is a deal
with the devil, isn't it, Bobby?

You've dealt
with him before, Sara.

You've dealt
with him before, Sara.

Now we have tomorrow to lock in.

[INHALES DEEPLY]

[INHALES DEEPLY]

Monday, we have to present it
at 10:00 in the morning,

so if you would start drafting
your section, I'll be grateful.

And if you'd talk
to Mr. Joseph Kirkland,

And if you'd talk
to Mr. Joseph Kirkland,

I'd be even more so.

What?

Properly viewed,
this is the new center position,

Properly viewed,
this is the new center position,

and I think that's where
Mr. Kirkland longs to be.

He likes you.

Well, you can tell him that
you and he will be moving me

Well, you can tell him that
you and he will be moving me

to the left of Ripley,
which is true.

Then, we can count up to seven.

You're gonna be saving
a lot of women

You're gonna be saving
a lot of women

a lot of years in prison, Sara.

Because you're in the right
place at the right time.

Now, that's how
history gets made.

Now, that's how
history gets made.

-Hello.
-Oh, sorry.

There was--
there was just more room here.

JOSEPH:
No, no, stay where you are.

JOSEPH:
No, no, stay where you are.

You look great back there.
What can I get you?

Rare steaks? Scotch and water?

Rare steaks? Scotch and water?

-Nine votes for Ginny Mapes?
-I'll take five.

Oh, uh, that Marley Terrell
called again.

Oh, uh, that Marley Terrell
called again.

She said she couldn't get
ahold of your wife,

so tell Mrs. Kirkland
she's driving like crazy

so tell Mrs. Kirkland
she's driving like crazy

to get here by tomorrow.

I'm gonna go home for a minute.

[DOOR CLOSING]

[DOOR CLOSING]

LINDA: Hi.

I thought you were
pulling an all-nighter.

You had a phone message.
I thought I'd bring it by.

You had a phone message.
I thought I'd bring it by.

Marley Terrell called.

She says she'll be here
tomorrow. Tomorrow?

She says she'll be here
tomorrow. Tomorrow?

-I decided it's time.
-Really?

Yes, I did. I heard your vote.
Believe me.

Yes, I did. I heard your vote.
Believe me.

-Mommy gets a tiebreaker.
-Well, it's--

it's a little bit that.

It's also about letting truth
get the tiebreaker over a lie.

-A lie?
-Yes. A lie.

A secret is the same as a lie.
Do the math.

A secret is the same as a lie.
Do the math.

My daughter is eight years old.
You do the math.

That's funny, so is mine.
She's the only one I'm telling.

You can keep yours
locked up in a tower.

You can keep yours
locked up in a tower.

You've won the argument
for three years.

You've won the argument
for three years.

You knew
you couldn't win it forever.

It's time, that's all.

Well, you sure picked
an interesting time.

Well, you sure picked
an interesting time.

What is that supposed to mean?

You think
this is about the case?

You think
this is about the case?

What are you gonna tell me,
it's a coincidence?

No, not completely.
It is why Marley called.

It is no factor in my deciding
to let her come.

It is no factor in my deciding
to let her come.

What are you accusing me of?

Don't pull
your trial lawyer crap on me.

Don't pull
your trial lawyer crap on me.

I am on the verge
of getting very angry.

Well, that's good,
then we can empathize.

You know my commitment to life.

And you know how
I want you to vote.

I don't have to
trot out Marley Terrell

-to remind you of our daughter.
-Then, why did you?

Why?

You want to acquit that woman.

You want to promote
abortion in this country.

You want to promote
abortion in this country.

You wanna have those babies
on your conscience.

Well, you go straight ahead.

Just take it on back to work,
and don't do it here!

Just take it on back to work,
and don't do it here!

Thank you very much.

I can feel the slack
in the leash already.

I can feel the slack
in the leash already.

You know, it's a shame
that there's not enough slack

in that leash to protect
our daughter from your truth.

in that leash to protect
our daughter from your truth.

I am gonna forgive you
for that because I know

that you love me!

And that you are under
a lot of stress.

Don't you take
the moral high ground with me!

You're turning this around
so you're the victim.

You are not the victim!

You are not the victim!

You are accusing me
of using Jenny

to manipulate you.

Just my vote.

Me, you do very well
on your own.

[♪♪♪♪♪]

[♪♪♪♪♪]

Who's gonna tell Jenny?

You can have first try.
That's fair.

You can have first try.
That's fair.

Sorry.

I gotta go meet Artie.

I gotta go meet Artie.

Well, give him my love.

CALLIE:
Your pro-life poster boy,

Mr. Jacklin is here.

I showed him the notes,
per your request.

Hey, Artie.

Hey, Artie.

Good to see you.

All right!
Hey, let me ask you something,

All right!
Hey, let me ask you something,

what the hell are you doing
in a judge's office?

I have no idea.
What are you doing out of jail?

I have no idea.
What are you doing out of jail?

Well, I'm due back. [CHUCKLES]

You look good.
Linda sends her love.

You look good.
Linda sends her love.

-Oh, man.
-Everything well?

-Yeah.
-You read my notes?

I did.

I did.

Let me ask you,
what is all this crap?

[CHUCKLES]

'Cause I'm looking at this,

and I can't tell
which way you're landing.

and I can't tell
which way you're landing.

I mean, all this side bar stuff,
counseling, waiting period,

notification,
the adoption numbers.

notification,
the adoption numbers.

Well, you know,
the side bar stuff

is where compromise happens.

They do that around here.

They do that around here.

Yeah. But I know you a little.

I thought you'd go
for the throat.

So, why don't we start
at the throat?

Go ahead, tell me.
Take your best shot.

What do I need to hear?

Tell me like
if it's the first time.

Tell me like
if it's the first time.

Because now it is.

A human life. Her name is Jenny.

A human life. Her name is Jenny.

[CLICKS TONGUE] Low blow.

[CLICKS TONGUE] Low blow.

She's got
a heartbeat by 21 days,

and by six weeks she's pumping
her own manufactured blood

and by six weeks she's pumping
her own manufactured blood

through her own closed
cardiovascular system.

Jenny's brain waves
are readable at 43 days.

Jenny's brain waves
are readable at 43 days.

She's an individual.
A unique genetic being.

She's an individual.
A unique genetic being.

You tell me which side
should bear the burden of proof

if someone wants
to take that life?

if someone wants
to take that life?

No, forget about taking,
because this is violent killing.

Jenny is attacked
with steel weapons,

Jenny is attacked
with steel weapons,

torn from the uterus,
dismembered in the process,

because we couldn't
leave any little pieces

because we couldn't
leave any little pieces

of Jenny behind
to infect the loving mother.

Or maybe the amniotic fluid

is replaced by a saline solution
and she suffocates

is replaced by a saline solution
and she suffocates

and burns in two hours.

But when does
she feel pain, Artie?

But when does
she feel pain, Artie?

When is she cognitively aware
of that pain?

Seven months? Eight months?

No, nobody knows that for sure.
That's why they argue

No, nobody knows that for sure.
That's why they argue

for killing them young.
Because maybe it's okay

if she's not aware or in pain.
But we know that she's startled

by loud noises and turns
towards a soothing one.

by loud noises and turns
towards a soothing one.

Responds to touch.
Begins to cry.

It doesn't matter what she
doesn't feel or doesn't know.

It doesn't matter what she
doesn't feel or doesn't know.

-She is no less alive.
-I think you're wrong.

-She is no less alive.
-I think you're wrong.

I think knowing and feeling
is a big part about being alive.

You have two cells
at conception.

It's alive, but maybe,
maybe it's human.

It's alive, but maybe,
maybe it's human.

But it's certainly less,
less than at nine months.

But it's certainly less,
less than at nine months.

It doesn't start off
as Jenny, Artie.

It grows, it's a process.
She becomes Jenny.

It grows, it's a process.
She becomes Jenny.

If you can't see that,
you can't reach me.

You're drawing
an artificial line,

You're drawing
an artificial line,

-picking a number, playing God.
-Tell me why that's wrong.

Who draws the line?

Who draws the line?

The mother who wants
to be rid of Jenny,

pretend it's some kind
of uterine tumor?

-Who stands up for Jenny?
-I do.

-Who stands up for Jenny?
-I do.

And what about
her potential, Joseph?

You wanna kill her.
You wanna punish her with death

You wanna kill her.
You wanna punish her with death

because her brain
hasn't developed.

But if you don't kill her,
it will develop.

But if you don't kill her,
it will develop.

But you kill her before it can.

Now doesn't that strike you
as a little unfair?

What about letting nature
take its course?

Joe, will you think about that?

Joe, will you think about that?

-That's all I do think about.
-[KNOCKING ON DOOR]

-That's all I do think about.
-[KNOCKING ON DOOR]

Hi, Sara. Please come in.

I want you to meet
Arthur Jacklin.

I want you to meet
Arthur Jacklin.

Really a pleasure
to meet you, Your Honor.

I'm surprised to see you here.

I'm surprised to see you here.

-Walk with me?
-JOSEPH: What?

-Walk with me?
-JOSEPH: What?

SARA: I think you're exposing
yourself to an extreme influence

on the night
of the deliberation.

on the night
of the deliberation.

-JOSEPH: You're wrong, he's not.
-SARA: Oh, yes, he is.

He's-- he's Virginia Mapes.
He's passionate.

He's committed.
And in this context,

He's committed.
And in this context,

on this night,
that makes him extreme, yes.

-I'm refuting his arguments.
-Every one?

-I'm refuting his arguments.
-Every one?

Except the ones he's right on.

-Why don't you talk to him?
-No.

-Why don't you talk to him?
-No.

Why? Are you afraid
he might change your vote?

No, he doesn't have to,
the chief already has.

No, he doesn't have to,
the chief already has.

He has his five to affirm.

He has his five to affirm.

He says if I join--

He'll throw you a bone
on the sentencing.

Sorry.
Am I growing up too fast?

He bought you cheap, Sara.

He wants five
on the same opinion,

He wants five
on the same opinion,

because Ripley's
going by himself.

So, that means the Chief, Clore,
Cork, Morrisey and your vote,

So, that means the Chief, Clore,
Cork, Morrisey and your vote,

he needs you
for a token sentencing.

Otherwise, there's gonna be
a war between Ripley,

Otherwise, there's gonna be
a war between Ripley,

-and the bleeding hearts.
-Maybe not.

And that's why
I wanna talk to you.

If the Chief leans
my way on sentencing,

If the Chief leans
my way on sentencing,

there is a chance he could
lose Dan Morrisey's vote,

and he'll do anything
to avoid that,

including selling me out
in a New York minute.

including selling me out
in a New York minute.

Dan's a legend.
He's like Will. He--

he personifies humanity
and compassion.

he personifies humanity
and compassion.

And if he's on the opinion,
then it's validated,

and it's legitimized.
But you see, if I have you--

and it's legitimized.
But you see, if I have you--

If I have your vote
and you and I are two.

-And two pygmies trump a legend.
-Pygmies?

-And two pygmies trump a legend.
-Pygmies?

I wouldn't put it like that,
but yes.

-Think of the stakes, Joseph.
-Hmm.

Ripley would make these
women murderers.

Ripley would make these
women murderers.

And if he's given
half the chance,

the Chief will go that way, too.

Please don't
give them that chance.

Please don't
give them that chance.

[♪♪♪♪♪]

[♪♪♪♪♪]

[SIGHS]

-It is so late.
-[CHUCKLES]

Well, will you sleep on it?

Well, will you sleep on it?

Tomorrow we'll do
the right thing.

Tomorrow we'll do
the right thing.

-Hi.
-Hi.

-Hi.
-Hi.

What are you doing?

Watching you sleep.
It's very entertaining.

Funny I should ask.

Funny you should ask.
Come here.

Funny you should ask.
Come here.

How'd everything go last night?

-Okay?
-Mm-hmm.

-How 'bout Mommy?
-She cried.

-How 'bout Mommy?
-She cried.

She say about what? No?

She say about what? No?

It was my fault.

-We had a big fight.
-About what?

-We had a big fight.
-About what?

We got into a fight
about babies. Sort of.

We got into a fight
about babies. Sort of.

I know you know that how,
you know, some people they--

I know you know that how,
you know, some people they--

they can't make babies
with their bodies. Right?

-Like Aunt Lucille?
-Right. Like Aunt Lucille.

-Like Aunt Lucille?
-Right. Like Aunt Lucille.

Although
she's still trying, right?

And we hope and pray
that one day she can, right?

But some people,
you know, they just can't.

Right?

And then there's some
other couples

And then there's some
other couples

who have lots of babies.

And even though they have

lots of them,
each one of those--

-Are we having a baby?
-JOSEPH: Oh. [CHUCKLES]

-Are we having a baby?
-JOSEPH: Oh. [CHUCKLES]

No, we're not having a baby.

No, we're not having a baby.

Where was I?

Okay. These-- these couples
that they get to...

Okay. These-- these couples
that they get to...

you know that
they can't have babies,

but they want them so badly,

and they really need a baby,
but they can't have them.

and they really need a baby,
but they can't have them.

They get a special gift.

They get a special gift.

They get to adopt a baby.

And that baby to them,
because she's adopted,

And that baby to them,
because she's adopted,

becomes the most precious...

baby of all.
The most precious.

baby of all.
The most precious.

Is that me?

Is that me?

That's you.
The most precious of all.

You always knew
how much you meant to us,

You always knew
how much you meant to us,

and now you know why.

How come you never told me?

I was afraid
that I wouldn't say it right.

And that, uh, you would think
I love you one inch less,

-and I couldn't stand that.
-Well, when were you gonna?

-and I couldn't stand that.
-Well, when were you gonna?

JOSEPH: When you were bigger.

And Mommy was right,
I see you're big already.

And Mommy was right,
I see you're big already.

You still love me?

Of course, I still love you.

And I love you
with all my heart.

You're my special.

-Where's my real daddy?
-JOSEPH: I'm your real daddy.

I mean, the other one.

I mean, the other one.

Your other daddy is, uh...

Well, nobody knows
for sure who he is.

Well, nobody knows
for sure who he is.

Not even the mother
who gave birth to you.

You know her?

I-- I know who she is.

I-- I know who she is.

And I know she's driving up
to meet you.

And you can meet her
if you want.

And if you don't want to,
we-- we won't let her.

Is she nice?

Well, yes, she's nice.
And you won't be alone with her.

Well, yes, she's nice.
And you won't be alone with her.

Mommy and I will be--

She can't get me back
or anything?

Nobody can give you back.
Nobody takes you away from me.

Nobody can give you back.
Nobody takes you away from me.

You understand that? Never.

-And you know what?
-JENNY: What?

-And you know what?
-JENNY: What?

She has brown eyes,
like someone I know.

Is she real pretty?
Is she, Mommy?

Is she real pretty?
Is she, Mommy?

You know what they call
when there's three people

You know what they call
when there's three people

in the room
and they all love each other?

-You know?
-What?

A family.

A family.

I love you, munchkin.

I love you, munchkin.

Eighty-seven injured,
twelve seriously.

Adding to the eruptions
of disorder

in Macon, Seattle, Fort Worth.

in Macon, Seattle, Fort Worth.

It's been a busy night
all across the country.

With less than 24 hours to go,
yesterday's rumors

With less than 24 hours to go,
yesterday's rumors

of a conservative consensus
have evaporated,

leaving even the most
experienced court watchers

in sharp disagreement
over which way

in sharp disagreement
over which way

this court is going to turn.

How did he say it, Willie?

How did he say it, Willie?

Harlan said,
"It's time to go, Willie.

So, let's not
start crying about it."

And I cried. And he watched.

And I cried. And he watched.

And you know what he said?

-He said, "You look ridiculous."
-[CHUCKLES]

-He said, "You look ridiculous."
-[CHUCKLES]

[KNOCKING ON DOOR]

-I'm sorry. Am I interrupting?
-WILL: No.

-I'm sorry. Am I interrupting?
-WILL: No.

We're just lobbying
our pigheaded colleague here.

Help us, why don't you?

Mister Justice Morrisey, sir,
whatever they say, just do it.

HENRY: Intriguing technique.

I believe in finesse,
me and the Chief.

Have you ever wondered
why we're not lobbying you?

Have you ever wondered
why we're not lobbying you?

You haven't stopped
since I met you.

-So, you noticed.
-Hmm.

-So, you noticed.
-Hmm.

I am interrupting.
I'll come back.

I am interrupting.
I'll come back.

As a matter of fact, you are.

But if you'll help us change
Dan's vote, we'll forgive you.

Talk to me, son.
Take a minute.

Talk to me, son.
Take a minute.

-Let's see who's mind changes.
-Okay.

-Let's see who's mind changes.
-Okay.

Well, sir, you are the most
interesting vote in the pack.

Well, sir, you are the most
interesting vote in the pack.

Oh, you interested
in contradictions?

Well, Willard Dunn here,
he supports abortion,

Well, Willard Dunn here,
he supports abortion,

and he's against
capital punishment.

Under the theory,
I suppose that

only children
are deserving of heaven.

only children
are deserving of heaven.

Are you a religious man, Joseph?

-JOSEPH: No, sir.
-Dan, an honest answer.

-JOSEPH: No, sir.
-Dan, an honest answer.

Didn't they tell you
we get paid by the word?

No.

No.

[CHUCKLES] I think you better
vote with Willie here.

You know, if it weren't
for my religion

that's what I'd be voting.

that's what I'd be voting.

Why?

I mean, if it's not
a human being

that tissue
is still some form of life.

that tissue
is still some form of life.

Oh, well.

And what is the competing right?
The convenience of the woman?

Bringing an unwanted child
into the world is a little bit

Bringing an unwanted child
into the world is a little bit

more than inconvenience, son,
for all concerned.

[CHUCKLES]
If it weren't for God's will.

Do you know
this pro-life bunches' arguments

Do you know
this pro-life bunches' arguments

become a bit theoretical.
You know, adoption not abortion.

become a bit theoretical.
You know, adoption not abortion.

It's a fine theory
until you look at the numbers.

The reality of what happens.

The reality of what happens.

So few of those children
ever end up fed and loved,

So few of those children
ever end up fed and loved,

and not alone in the world.

It's not anything
like the theories

in Ben Ripley's mind.

in Ben Ripley's mind.

It's real suffering
in terrible numbers.

But God isn't a theory.
He's not just in our minds.

But God isn't a theory.
He's not just in our minds.

No, God is real.

Does he want you
to protect the weak?

Why he surely does.

Does he want you to stop
the pain of mothers and babies,

real suffering
in terrible numbers?

real suffering
in terrible numbers?

I think so, Joseph.
However, if you read your Bible,

you will discover that he wants
some other things of us as well.

you will discover that he wants
some other things of us as well.

Hmm.

What are you thinking?

I'm thinking how much the Bible
sounds like our constitution.

It can't cover every specific,
so it gives us guidelines,

It can't cover every specific,
so it gives us guidelines,

that could justify
a range of options.

In one way, or another.

In one way, or another.

If we choose to look.

We cannot hide from
our freedom to choose, no, sir.

It's in our hands
to do the right.

And what is that, Joseph?

And what is that, Joseph?

Still chasing it, sir.
Still chasing it.

But looking at you
and listening to you,

I would say you should watch out
because Will Dunn'll get you.

[CHUCKLES]
Well, on this one, no.

[CHUCKLES]
Well, on this one, no.

No, not even Harlan Greene

could turn me around
on this one.

could turn me around
on this one.

That's actually
why I came down here.

Mister Justice Greene,
how is he?

Oh, he's feisty, impossible.

Oh, he's feisty, impossible.

As a matter we were talking
about him when you

walked in.

-You think he's up for a visit?
-He'd like that, Joseph.

-You think he's up for a visit?
-He'd like that, Joseph.

He'd welcome it.

WILL: I think
he's waiting on you.

WILL: I think
he's waiting on you.

Thanks for the chat.

[♪♪♪♪♪]

[♪♪♪♪♪]

[KNOCKING ON DOOR]

[KNOCKING ON DOOR]

JOSEPH: Mister Justice Greene?

Oh, hello, Joseph.
Pleased to meet you.

Oh, hello, Joseph.
Pleased to meet you.

Same here, sir.
I'm truly honored.

Sir. [CHUCKLES] I like that.

Sir. [CHUCKLES] I like that.

Will you keep that up,
calling me that?

Will you keep that up,
calling me that?

Yes, sir. I always will.

Well, Henry Banks thinks

Well, Henry Banks thinks

you're good enough
to vote with him.

And Willie Dunn's not sure.
That's the highest praise

And Willie Dunn's not sure.
That's the highest praise

I've ever heard
from either of them.

So, perhaps
you're half all right.

So, perhaps
you're half all right.

Thank you, sir.

Take to the Chief
right off, did you?

-Yes, like, duck to water.
-The robe fit you good?

-Yes, like, duck to water.
-The robe fit you good?

I'm gonna try my damnedest.

Well said. Good of you
to waste your Sunday.

Well, actually,
I came for a favor.

Well, actually,
I came for a favor.

Well,
that's very flattering, Joseph.

I can't imagine
what I could possibly do.

I can't imagine
what I could possibly do.

JOSEPH: I need
your expertise, some help.

Sorry for the handwriting.

It's just some early thoughts.

It's just some early thoughts.

It's the clarity
of the thinking...

It's the clarity
of the thinking...

that you might want
to reconsider.

Now, this, uh,
this foolishness over here.

Is this what you think
counting to five requires?

Is this what you think
counting to five requires?

Uh, worse than that, sir.

It's what I think
fairness requires.

It's what I think
fairness requires.

HARLAN: Whoa, now. Whoa, boy.

Continuing obligation
of the states?

Continuing obligation
of the states?

Yes, right.

It probably occurred to you
that this might require

It probably occurred to you
that this might require

some oversight
on the part of the court.

Well, no more than Brown versus
the Board of Education

required
to desegregate the schools.

Oh, no more than that, huh?

-Well, maybe a little bit more.
-Now, be careful, son.

-Well, maybe a little bit more.
-Now, be careful, son.

The Lord loveth
a man of low ambition,

and the Chief even more so.

and the Chief even more so.

Well, maybe I'm looking
for love someplace else.

The first thing to know is
we all vote who we are.

The first thing to know is
we all vote who we are.

Right.

And this will detail
who you go to and who you don't.

And this will detail
who you go to and who you don't.

And how you do both.

Because how you don't
do something counts, too.

Because how you don't
do something counts, too.

In fact, as in all of life...

everything counts.

everything counts.

I need five votes.

Well, you do have
a lot of foolishness in here.

Well, you do have
a lot of foolishness in here.

Yes, sir, but, uh,
I believe in it, truly.

You get me to four...

You get me to four...

I'll get you to five.

CALLIE: Right this way,
Mister Chief Justice.

CALLIE: Right this way,
Mister Chief Justice.

Thank you.

I know you're heading
home for supper,

so I'll come right to the point.

Uh, the Cork says that
"you showed him some notes."

Uh, the Cork says that
"you showed him some notes."

Hmm, thoughts in progress.

Still thinking,
still working on them.

Still thinking,
still working on them.

-Why The Cork?
-Thought I'd get his opinion.

You thought
he'd bring it to me, huh?

JOSEPH: Why?

JOSEPH: Why?

Because I own his vote.

We have a long and a--
Symbiotic, is the word,

We have a long and a--
Symbiotic, is the word,

symbiotic relationship,
The Cork and I.

Neither of us could be
who he is without the other.

Neither of us could be
who he is without the other.

And on the big ones,
which this one is, I--

I vote his vote.

-How could I have known that?
-CHIEF JUSTICE: Yeah, how?

Tell me, Joseph,

what are your views
on other matters?

JOSEPH: "Other matters"?

Free speech,
criminal rights, death penalty,

Free speech,
criminal rights, death penalty,

equal protection of the law.
Where lies your heart of hearts?

Are we talking
about trading votes?

Are we talking
about trading votes?

You got one to trade, son,
other than your own?

Now you just pull them back
for a couple of seconds,

and listen to
somebody who's older

and meaner than you are.

and meaner than you are.

I'm talking
about a relationship.

Wherein, your views
are as important to me,

Wherein, your views
are as important to me,

as mine are to you.

I can double deal
with the worst.

I can double deal
with the worst.

And I rarely make a promise.

But when I do,
I've never broken one.

But when I do,
I've never broken one.

-You can ask Harlan Greene.
-Harlan Greene.

Oh, how could such
a pitiful liar

Oh, how could such
a pitiful liar

ever make a living as a lawyer?

Well, good thing
I landed on the bench

Well, good thing
I landed on the bench

where honesty
is at such a premium.

Now, what did Harlan say?

"You get me to four votes, son,
and I'll get you to five."

"You get me to four votes, son,
and I'll get you to five."

Oh, so that means
Clore, Rip, The Cork,

Oh, so that means
Clore, Rip, The Cork,

and, uh, who? Oh, me.

How many does that make?

[QUIETLY] Yeah.

So, I guess that means
you have to get everybody else.

So, while you're home

having dinner
with your charming family,

I would ponder
my offer of a relationship,

I would ponder
my offer of a relationship,

because if it stops here,

I can forgive this level
of disagreement in five seconds.

I can forgive this level
of disagreement in five seconds.

I can even
respect a man for trying.

But if you go for five,
if you really go...

win or lose, you--
you'll hurt my feelings.

win or lose, you--
you'll hurt my feelings.

Have a good supper.

[DOOR CLOSING]

[♪♪♪♪♪]

[♪♪♪♪♪]

Are you gonna tell me
what this is all about?

Are you gonna tell me
what this is all about?

Come on in.

I'll be out on the landing.

You can come out
when you're ready.

I'm making some tea.
Do you drink tea?

I'm making some tea.
Do you drink tea?

Yes, thank you.

If you punish that young woman,
you'll regret it all your life.

If you punish that young woman,
you'll regret it all your life.

Is this her idea?

And I'm 80 percent
sure it's a bad one.

Neither you nor I
have time for this.

We both have
a night's work ahead.

We both have
a night's work ahead.

If this can't help...

please dear God,
don't let it hurt.

please dear God,
don't let it hurt.

Well, that's
a chance you take, isn't it?

When you get up
in the morning, yeah.

When you get up
in the morning, yeah.

I'm late for a rally
at the Lincoln Memorial.

I'm late for a rally
at the Lincoln Memorial.

Is that enough irony for you?
[CHUCKLES]

What would Mister Lincoln say?

We must wonder, you and I,
if he could see all this.

Your clerk told me
what you think of me.

Your clerk told me
what you think of me.

And you are mostly right.

I am the worst case
for sympathy,

I am the worst case
for sympathy,

except perhaps for my color,

which only adds
to the irony, I suppose.

I am educated. I am successful.

My abortion
was truly discretionary.

I could have afforded the child.

I could have afforded the child.

I could have
handled it emotionally.

It would not have even seriously
interfered with my law practice.

But the father was barely
a casual boyfriend,

But the father was barely
a casual boyfriend,

and the conception
was an accident.

And I choose to terminate
the pregnancy in my fifth week.

And I choose to terminate
the pregnancy in my fifth week.

Do you have any regrets?

I wish I could say I did.

I wish I could say I did.

It would make me
more sympathetic, I know,

but I felt none.

Someday I will fall in love,

and we will have
babies together.

See these and other things
you could come to know about us,

if you spent the time.

But there is one thing
you can never really know.

What this means to us.

Will you tell me one thing?

I'll trade you. One for one.

Are you afraid for yourself?

Oh, yes, very much.

Are you?

Yes.

They said you're not eating.

They said you're not eating.

HARLAN: Oh, the food's terrible.

DAN: Well, I,

DAN: Well, I,

thought that
maybe they'd forgotten...

where to find these.

Well, it's all no chocolate.

This--
this is the butterscotch here.

-Thanks, Danny.
-You look pretty good to me.

-You want your seat back?
-When the Chief steps down.

Will said you wanted
to see me before the vote.

Of course, I came.

I didn't wanna miss a chance
to win another argument.

[CHUCKLES]

[CHUCKLES]

Well, I'm a busy man, Harlan.
Let's get to it.

-Why are you smiling, old man?
-I wasn't smiling.

-Why are you smiling, old man?
-I wasn't smiling.

I-- I was just thinking...

I-- I was just thinking...

just thinking of what we built.

You and me, and Willie Dunn.

I lie around here and wonder
how did we do all that?

Oh, jeez,
it just started with...

Oh, jeez,
it just started with...

just this little notion,
it was just a notion.

just this little notion,
it was just a notion.

People should be
a little more free.

People should be
a little more free.

Yeah. [CHUCKLES]

Yeah. [CHUCKLES]

And out of that...

we built this thing...

out of cases.

Yes. Battles.

Yes. Battles.

Plenty of laughs. Plenty...
[CHUCKLES, COUGHS]

Plenty of laughs. Plenty...
[CHUCKLES, COUGHS]

What we built...

What we built...

I take it out at night...

and I look at it, Danny.

Look. It sings to me.

Look. It sings to me.

Is-- is that it?

Was that what I came to hear?

Was that what I came to hear?

♪ Oh Danny boy ♪

♪ The pipes
The pipes are calling ♪

♪ The pipes
The pipes are calling ♪

[CHUCKLES]

♪ From glen to glen
And down the mountainside ♪

♪ From glen to glen
And down the mountainside ♪

Remember how it ends?

Remember how it ends?

♪ 'Tis I'll be here
In sunshine or in shadow ♪

♪ 'Tis I'll be here
In sunshine or in shadow ♪

Oh, Danny.

[COUGHS]

[COUGHS]

Well, you know the rest.

That's the lowest,
shabbiest trick...

in all the 23 years
we've been together.

Twenty-four.

You know Will Dunn
isn't gonna vote for this.

You know that.

♪ In sunshine or in shadow ♪

I'll come back
to see you tomorrow night

when we can
have a real visit.

when we can
have a real visit.

And you enjoy these chocolates.

And if anyone tries
to take them away,

And if anyone tries
to take them away,

you tell them that
the highest court in the land

says you have
a constitutional right...

says you have
a constitutional right...

to eat every la-- last one.

to eat every la-- last one.

-MARLEY: [CHUCKLING] Wait.
-JENNY: Hello.

-MARLEY: [CHUCKLING] Wait.
-JENNY: Hello.

You like that picture
that I was drawing?

Mm-hmm.

[LINDA CLEARING THROAT]

I'm gonna be right back,
all right?

I'm gonna be right back,
all right?

LINDA: Hey, Jenny,
how did it come out?

LINDA: Hey, Jenny,
how did it come out?

Can I see?

Hi. It's nice to meet you.

JENNY: I also drew this.

I have to find
another sticker for it.

I have to find
another sticker for it.

She surely is a beauty.

She surely is a beauty.

She has your eyes.

You don't sound mad.

You don't sound mad.

Marley, look at me.
Do I look mad?

You don't look happy.

My work is on my mind.
It's not about you.

That's why I've come.
It's about your case.

That's why I've come.
It's about your case.

Do you think I come for money?

That would be okay,
if you need some.

That would be okay,
if you need some.

-Do you?
-No, sir.

-She's super smart.
-Hmm.

You can see her eyes,

they're real quick
with everything.

She showed me her dolls.

She showed me her dolls.

I'm gonna send her some
she doesn't have,

if I can find any.

if I can find any.

I'm glad you met her.

That's not why I've come.

JOSEPH: I know that.

Back then it was legal
not to have them,

Back then it was legal
not to have them,

and I wasn't gonna have her.

-Did they tell you that part?
-Yes.

-Did they tell you that part?
-Yes.

MARLEY: Had there
been room at this clinic,

or if I had enough money
to go to a regular hospital,

it'd been too late.

it'd been too late.

-You understand?
-JOSEPH: Yes.

And you're not mad?

-Mad we were lucky?
-No.

-Mad we were lucky?
-No.

Mad 'cause if your lawyer
don't call my doctor

when he does,
I'd have let her go.

The only reason
I didn't was for the money.

You blessed us with a baby.

You blessed us with a baby.

And for that
we will always be grateful.

-Do you understand that?
-Don't change the law back.

-Do you understand that?
-Don't change the law back.

Don't make it legal.

You go in that room
and you look at her.

You really look at her.
Don't you know she's perfect?

You really look at her.
Don't you know she's perfect?

You think of every moment
you ever had with her,

every birthday,
little dance recitals.

every birthday,
little dance recitals.

Does she do those?

-They're so very sweet at those.
-JOSEPH: Hmm.

You think of every kiss
goodnight you almost never had.

Can you do that?

Can you do that?

And you think of every moment
you're gonna have yet.

Her graduation,
when she's worked so hard.

Her graduation,
when she's worked so hard.

Her big happy wedding and--

and her first baby
with those big eyes of her's.

and her first baby
with those big eyes of her's.

Would you let anyone
come and take that away?

Would you rip their heart out
with your own hands?

And even if
you weren't deserving...

if you weren't loving,
which I know you are,

if you weren't loving,
which I know you are,

but if you were like me,
you could scarcely be worse.

but if you were like me,
you could scarcely be worse.

Don't say that, please.

Still, it'd be your duty
from God to protect her...

Still, it'd be your duty
from God to protect her...

because she owns her own self.

because she owns her own self.

And her life
isn't yours to give away.

[SOBS]

JENNY: These are the guys
in your court.

-Can you tell?
-JOSEPH: Mm-hmm.

-Can you tell?
-JOSEPH: Mm-hmm.

JENNY: This is the lady
with the long hair

-and the pretty dangly earrings.
-JOSEPH: That's right.

-Does she have long hair?
-No, but she could.

-Does she have long hair?
-No, but she could.

-I would.
-I know.

And this is you.
Right here.

And this is you.
Right here.

JOSEPH: Oh, but I--
I have to sit at the end.

They don't let me
sit in the middle.

-Who does?
-The Chief.

-Who does?
-The Chief.

And down here watching is Mommy,

and me with my yellow bow,
and Marley.

and me with my yellow bow,
and Marley.

She gets to come, even though
she's not my real mother.

Your real mother is the one

who loves and cares
for you, right?

Right.

This is for you.

This is for you.

Oh, thank you.
I'll put it in my office.

You can sign it for me
and everything.

[CHUCKLES]

[CHUCKLES]

-Was it weird meeting Marley?
-She was scared.

She didn't know
I knew about her.

She didn't know
I knew about her.

She thinks all kids
like the zoo,

so me and Mommy
are taking her tomorrow.

-Good.
-After the court.

-Good.
-After the court.

You're coming to court?

You're coming to court?

Shh, it's a surprise.

Hello, Joseph.

We have conference
in five minutes.

We have conference
in five minutes.

-Will you give me two?
-JOSEPH: Sure.

Henry Banks has asked me
to join your opinion.

Henry Banks has asked me
to join your opinion.

I can't do that.

Well, that's four seconds, Will.

Well, that's four seconds, Will.

You have plenty
of time left over.

I think you're wrong, Joseph.

So, I've come to ask you
if you'll reconsider.

So, I've come to ask you
if you'll reconsider.

Well, I have considered,
and I've reconsidered.

It's about all I've been doing.

So, you vote your conscience
and I'll vote mine

and we'll see how that adds up.

and we'll see how that adds up.

WILL: Well, it can't add up
too much, you and I,

unless we're together.

So, I need to have you
think it over.

Compromise
is an important ingredient

in what we do here.

It has no place
in the Bill of Rights.

None. Freedom is
a very precious commodity.

None. Freedom is
a very precious commodity.

It's more precious than life,

because it makes
it worth living.

because it makes
it worth living.

It's more precious than trying
to win another individual case.

If freedom itself
can be bargained,

If freedom itself
can be bargained,

than in time it surely can be
bargained away in its entirety.

than in time it surely can be
bargained away in its entirety.

And what we sell
that birthright for

will be ashes in our mouths.

Any restriction on how
or when a woman chooses

is a restriction of her freedom.

is a restriction of her freedom.

JOSEPH: You realize
that these provisions

are the only slim chance I have

to get Dan and Sara
on this opinion,

because they do care
about reducing abortions.

because they do care
about reducing abortions.

[BUZZER BUZZING]

I wanna win as much as you do
and they do, Joseph.

I wanna win as much as you do
and they do, Joseph.

But I'm not gonna buy votes
with somebody else's freedom.

No, Will, you don't wanna win
not quite as much as I do.

I don't wanna talk
about freedom.

I wanna pass some
of that freedom around.

I wanna pass some
of that freedom around.

And if we don't compromise here,
it's not gonna happen.

Now this opinion,
that you are walking away from,

is the last chance
these women have, actually have,

is the last chance
these women have, actually have,

to get some freedom
in this case.

And they're not even
the only ones who's freedom

is on the line here.

In fact, they're not even
first on my list,

because they have some ability
to look after themselves.

But you're talking
about the unborn.

But you're talking
about the unborn.

I'm talking about
the children, Will!

The unloved,
the unwanted children,

because that's where I live
in all of this!

because that's where I live
in all of this!

Now I may not have 30 years
in the Supreme Court,

and I may be wearing
Harlan Greene's robe,

but that chair out there
is my seat!

That's my seat!

And those children,
they have nothing!

They have no freedom!
They have no choice!

They have no freedom!
They have no choice!

They have nothing!

Now, you can send 'em
a copy of the Bill of Rights

for Christmas,
if they have a Christmas.

for Christmas,
if they have a Christmas.

But I'm gonna go
into that conference room,

and I'm gonna tear arms
and legs off of those bodies,

and I'm gonna sell
whatever it is I own to sell,

and I'm gonna sell
whatever it is I own to sell,

and I'm gonna
get those kids something!

Even if it's just a little bit
more than what they've got.

Even if it's just a little bit
more than what they've got.

[♪♪♪♪♪]

[♪♪♪♪♪]

Sorry. I'll see you inside.

BAILIFF:
The honorable Chief Justice

and Associate Justices

and Associate Justices

of the Supreme Court
of the United States.

Oyez, oyez, oyez.

All persons having business
before the honorable,

the Supreme Court
of the United States,

the Supreme Court
of the United States,

are admonished to draw near
and give their attention,

for the court is now sitting.

for the court is now sitting.

God save the United States
and this honorable court.

[BANGS GAVEL]

People are in the street
as we meet

because honest emotion
has gotten the better of them.

because honest emotion
has gotten the better of them.

I will not have
that in this room.

The decision of this court,
in the appeal of Virginia Mapes

The decision of this court,
in the appeal of Virginia Mapes

against the State of Alabama,

will be announced
by Mr. Justice Kirkland.

will be announced
by Mr. Justice Kirkland.

-[INDISTINCT CHATTER]
-[BANGING GAVEL]

-Last warning! Last warning.
-[BANGS GAVEL]

-Last warning! Last warning.
-[BANGS GAVEL]

Or this court will adjourn,
and we'll issue our decision

solely in written form.

I'm sorry, Joseph.
You go ahead now.

Life.

Choice.

The words we use to set
ourselves against one another.

I am a supporter
of life and of choice,

I am a supporter
of life and of choice,

and so are each
and every one of you.

And may God grant
that this republic

always stand for both.

How did we come to this?

How did we come to this?

When both sides are right.

Of course, a fetus is life
and life is precious.

And in a land that cares so much
for the survival of whales

And in a land that cares so much
for the survival of whales

and owls,
and so many forms of life,

how could we turn our backs
on the truth that,

how could we turn our backs
on the truth that,

that a human fetus is life,

which is becoming,
as we are, day by day.

which is becoming,
as we are, day by day.

And how could anyone deny
that a woman's right

to control her body
and reproductive function

is the most basic
and elemental liberty

is the most basic
and elemental liberty

that she could
seek protection of.

Along with the truth
that each side is right,

comes the truth
that each side is wrong.

comes the truth
that each side is wrong.

Because for the convenience
of its arguments,

each side would deny
the rights of the other.

each side would deny
the rights of the other.

One more truth
and we are ready to begin.

These two rights conflict.

And we must balance them,

And we must balance them,

which means shortchanging
each right somewhere

to permit
the exercise of the other.

to permit
the exercise of the other.

Now this is unfair to each side,
because each right is precious

Now this is unfair to each side,
because each right is precious

and deserves
to flourish unrestricted.

But since they do conflict,
there is no other way.

But since they do conflict,
there is no other way.

We are human.

We are imperfect.

We are imperfect.

We ask your understanding
of the spirit that has motivated

what you will hear today.

We begin where any balancing
of rights must, drawing a line.

How many weeks must pass
before a State is allowed

How many weeks must pass
before a State is allowed

to prohibit
the termination of pregnancy?

-Twenty weeks.
-[INDISTINCT CHATTER]

[BANGS GAVEL]

[BANGS GAVEL]

Now there is no airtight
logic for such a decision,

but there are reasons.

but there are reasons.

We have divided the nine months
of pregnancy in half,

and there is some
symbolic significance to this.

and there is some
symbolic significance to this.

A reflection of our desire
to be even handed.

But the two halves
are quite different.

But the two halves
are quite different.

We take
judicial notice of the fact,

that approximately
99 percent of all abortions

take place in the first half.

take place in the first half.

And hold that this is ample time
for women to make their choice.

And hold that this is ample time
for women to make their choice.

In the second half, the fetus
does most of its growing,

In the second half, the fetus
does most of its growing,

from a few inches to full size.

And it acquires the faculties
of cognition and awareness,

And it acquires the faculties
of cognition and awareness,

which babies exhibit at birth.

In this second half,

In this second half,

we hold that the States
may prohibit abortion,

except those necessary

except those necessary

to protect the life
of the mother.

However, under no circumstances

However, under no circumstances

may these women
ever be considered criminals.

No circumstance. None.

No circumstance. None.

Now, we know that
this compromise is cold comfort

for those whose religious
and ethical convictions hold

for those whose religious
and ethical convictions hold

that fully valued human life
begins at conception.

that fully valued human life
begins at conception.

To you we can only say
that this republic is founded

upon the right of each of us

to practice
his or her own beliefs,

free from the imposition
of the beliefs of others.

free from the imposition
of the beliefs of others.

This does not mean
now that this Court,

nor this nation, favors abortion
casual or otherwise.

nor this nation, favors abortion
casual or otherwise.

For in fact, we do not.

And accordingly,
we hold that even during

the first 20 weeks of pregnancy,

the first 20 weeks of pregnancy,

while the woman retains
her right of choice,

that several States
may require the following,

that several States
may require the following,

if they so choose.

"First,
information and counseling

"First,
information and counseling

for the mother
if reasonably related

to the making
of an informed choice.

This may include written
and photographic materials,

This may include written
and photographic materials,

even if distressing
to the sensibilities

of the mother.

Mandatory counseling
with individual

Mandatory counseling
with individual

or group counselors
prior to electing abortions,

with a waiting period
of up to 72 hours.

with a waiting period
of up to 72 hours.

Moreover, the State may require
a written declaration,

by the mother, that this choice
is made knowingly and freely."

by the mother, that this choice
is made knowingly and freely."

The choice should be free,
but not easy.

The choice should be free,
but not easy.

Because easy can mean heedless.

Because easy can mean heedless.

It used to be easier
in this country

to get an abortion
than to get a driver's license,

and this desensitizes all of us
to the gravity of this choice.

and this desensitizes all of us
to the gravity of this choice.

All of us including the mother.

Which brings us...

to the most important part
of this decision.

Because there is
one party in interest

claimed by both sides
in this dispute,

claimed by both sides
in this dispute,

and truly first with no one.

Until now.

Pro-life, pro-choice,
but where is the movement

Pro-life, pro-choice,
but where is the movement

that declares itself pro-child?

One-half million children
in this country

One-half million children
in this country

are in institutional
and foster care,

because our present
adoption system

because our present
adoption system

can only place approximately
30,000 each year,

so every year
the unwanted, the unadopted,

so every year
the unwanted, the unadopted,

the unloved grows!

Imagine what criminalizing
abortion would do

Imagine what criminalizing
abortion would do

to those numbers.

One child to every five
in this country

is living in poverty.

is living in poverty.

Imagine the numbers
for those unwanted.

Now, we have
States eager to regulate

and restrict abortion
and to eliminate funding

of abortions for the destitute.

of abortions for the destitute.

And this results
in bringing into this world

innocent children
in whom all too often,

such States
immediately lose all interest.

such States
immediately lose all interest.

We find today that they cannot.

Each State
must accept responsibility

Each State
must accept responsibility

to so protect these children.

It must, and believe me
from this day forward, it will!

It must, and believe me
from this day forward, it will!

We are placing the suffering
of unwanted children

-on the agenda
of this court today!
-[BANGING GAVEL]

Right up front where it belongs.
Get out your pencils.

Right up front where it belongs.
Get out your pencils.

"For the reasons given above,
we find the Alabama statute,

in which Virginia Mapes
conviction is based,

in which Virginia Mapes
conviction is based,

to have deprived her of liberty
without due process of law

under the Fourteenth Amendment.

under the Fourteenth Amendment.

And said conviction
is hereby reversed."

-[INDISTINCT CHATTER]
-[BANGING GAVEL]

-[INDISTINCT CHATTER]
-[BANGING GAVEL]

"In strict conformity--

In strict conformity
with the guidelines given above,

In strict conformity
with the guidelines given above,

Alabama shall have
the right, so described,

to regulate abortion,
but only as a part

to regulate abortion,
but only as a part

of a comprehensive plan
of child care,

necessary to provide
the children of said state

necessary to provide
the children of said state

with the rights
guaranteed to them

under the equal protection
and due process clauses

under the equal protection
and due process clauses

of the Fourteenth Amendment
of the Constitution

of the Fourteenth Amendment
of the Constitution

of the United States.

The State's right to protect
the life of a fetus

must be matched
by a responsibility

must be matched
by a responsibility

to protect the child
that that fetus becomes."

Caring for children
does cost money.

Caring for children
does cost money.

And throwing public money around
is not itself an answer.

And cost control is high
on our list of problems

And cost control is high
on our list of problems

to be creatively addressed.

Hard and controversial work
lies ahead.

Hard and controversial work
lies ahead.

The States can respond
to this decision

The States can respond
to this decision

with resentment and resistance.

Or they can work with this court

Or they can work with this court

to find practical
and sensible solutions

for the protection and care
of innocent children

for the protection and care
of innocent children

who cannot help themselves.

I say to these states,
test not our will in this.

I say to these states,
test not our will in this.

But our good will.

Let's show the people
that we can make something work.

Let's show the people
that we can make something work.

And I am joined in this opinion

by Justices Morrisey,
Banks, Brandwynne.

by Justices Morrisey,
Banks, Brandwynne.

And Mister Justice
William Dunn.

And Mister Justice
William Dunn.

I know the difficulties
of undertaking

I know the difficulties
of undertaking

such an ambitious decision

with a majority
of only five votes.

Six votes.

Six votes.

Seven.

He's new. He doesn't know
we don't do this.

He's new. He doesn't know
we don't do this.

[ALL CHUCKLE]

[ALL CHUCKLE]

Benjamin, do you have
any surprises for me

or are you still
dissenting at this date?

or are you still
dissenting at this date?

Yes, I am.
Unpopular as it may be.

Yes, I am.
Unpopular as it may be.

"Today with sincere
and humane motivation,

"Today with sincere
and humane motivation,

this court flouts
several principles of law.

this court flouts
several principles of law.

More disturbing still
is the seeming re-conception

of this court's function
and role in the conduct

of this court's function
and role in the conduct

of our constitutional democracy.

We have today assumed a burden.

We have today assumed a burden.

A burden to right wrongs
created not by constitution

A burden to right wrongs
created not by constitution

nor statutes,
but by a society

that disregards
the sanctity of life..."

that disregards
the sanctity of life..."

[♪♪♪♪♪]

[♪♪♪♪♪]