Original subtitles

[Jill] Previously on Picket Fences...

The man may have killed a 16‐year‐old girl.

No polygraph!

And I don't want you even talking to him!

We've been looking everywhere for this girl.

I didn't do anything.

In the name of God.

She deserves a Catholic funeral.

Tell me someplace to go.

‐[man] Lend me a hand. ‐[grunting]

[indistinct police chatter]

That statement was coerced, without counsel.

That statement was voluntary.

Deputy Lacos prevailed on my client's Christian sympathies.

Mr. Latham, you are going to trial.

If the Supreme Court has a problem with that,

they can come and get me.

We find the defendant...

[inhales] guilty as charged.

‐[people chattering] ‐[man] God, I knew it!

This case is going to the Supreme Court!

You and I are going to argue before the Supreme Court!

[door opens]

Carter... [sighs] Come on in.

Okay, very funny.

Whose blood sample was this?

‐Just give me the results. ‐Carter...

I don't have to tell you whose blood it was.

I just asked you to do a simple test.

So please, give me the results.

You lead me to believe this was your blood.

Let's just assume that it is, Jill!

Give me the results!

‐Please! ‐Okay.

Congratulations, you're pregnant.

[gasps] Yes!

Oh...

Yes!

[door opens]

[theme song playing]

[theme song ends]

I know you're good, Mr. Wambaugh, it isn't that.

Brian, there is no way, no lawyer,

F. Lee Bailey, anybody,

there's no way that anybody can be more prepared than me.

But you don't believe I'm innocent.

‐It really doesn't matter. ‐It does to me!

You see, Mr. Wambaugh, you've got it wrong.

I don't want... I don't want my lawyer to act like his life depends on it.

I want the guy to act like my life depends on it...

because it does.

I want a lawyer... who knows that I didn't do it!

When those judges look at my lawyer, I want them to see it in his eyes.

That I didn't do it!

Are you that lawyer, Mr. Wambaugh?

I haven't been... but I will be.

[sighs] All right.

Go to Washington.

But don't you dare go for you.

Go for me.

Positive! [sighs]

That means we're about seven weeks.

[sighs] I still can't believe it.

I mean, I guess I just... can't believe it.

Okay, now, Stacy, your privacy concerns aside,

you have to start making regular doctor appointments.

And it's not too soon for an ultrasound.

And I'm going to be wanting to do an amnio

when the time comes too, so...

Let's not get ahead of ourselves, Carter.

I like to be thorough.

[sighs] God!

[sighs] I'm going to be a father.

Yeah. [chuckles] Wow.

[gasps] I want to schedule an immediate checkup...

‐[door opens] ‐Oh!

I didn't mean to intrude, I... I just came to see you, Carter.

You remember Stacey Halford. Stacey, this is Jill Brock.

‐Hi. Well, um... ‐[chuckles]

Congratulations, I guess.

Thank you.

Are... are you two together?

Uh... no, we're not.

But... but you plan to be parents together?

I plan to be the parent. Stacey has agreed to be my surrogate.

What?

We did it in vitro.

It was all scientific, lot's of people do it today.

Oh, I... I know that. Yes, I...

I guess I'm just surprised.

There are worst ways I can spend my time,

I guess than... giving somebody a child.

[Stacey chuckles nervously]

What's wrong with that?

Nothing. Nothing. And it's certainly none of my business.

Why don't we leave it at that then?

‐Okay. ‐Okay!

Me? I get to go?

Of course, you're my assistant.

I'm going to the Supreme Court?

All those cases we copied, I want them alphabetized.

I need to refer to them quickly.

Brian Latham's life is in our hands.

And don't forget... to pack my oxygen tank.

And if you see me start to wheeze,

just whip it out.

I, uh... I've never been so nervous before.

You're gonna be great.

I, uh... I've never been so nervous before.

Did I say this?

I repeat myself when I get nervous.

Did I say this?

[Max] It's just another case.

No, it's not just another case.

Why would the Supreme Court agree to hear this so quickly?

‐Something is up. ‐What do you mean?

[sighs] There are two things on the rise in this country,

crime and police misconduct.

Now the Court may have chosen this case

as a test to squash one or the other.

I just wish I knew which.

‐[door opens] ‐[knocking at door]

When do you leave?

Tomorrow morning. We argue Thursday.

Shouldn't I go with you? It might help if the father of the victim was in the room.

No. No, they would view that as manipulation.

It's not wise to stunt with the Supreme Court.

The highest court in the land...

they may free the man who murdered my daughter

because they don't like the way you caught him.

Yes, sir.

No offense, Mr. Littleton, I know you have talent but...

shouldn't the Attorney General be handling it at this level?

[clicks tongue] Well, he's sending me.

Please don't lose.

‐[woman speaks indistinctly] ‐[door closes]

[chuckles]

‐[door opens] ‐[Stacey] Carter?

Stacey, hi, come on in. Sit, sit.

I can't.

You can't sit?

I can't.

[sighs]

It... it all seemed to make sense, until actually...

Um... Oh, Carter, we've become such good friends now.

When you came to me and asked me...

I don't think I've ever been more flattered.

And... and to give life...

What would be so wrong?

[stutters] What are you saying?

It feels wrong.

I'm not comfortable being a surrogate.

Uh, here's the check. I'm returning the money.

Stacey... Stacey, what are you doing?

[sighs] I'm not going to have the baby, Carter.

[sighs] I know you're disappointed,

but I just can't go through with it.

‐[sighs] We had an agreement. ‐I know.

I'm sorry.

Uh, please accept my deepest apologies.

[indistinct chatter]

[Douglas] My brother‐in law's a travel agent,

he always bumps me up.

Hmm. You'll have to thank him for me.

Why shouldn't we be up here? Hey, miss.

We're off to the Supreme Court.

‐I see. ‐[chuckles]

Excuse me. Could you speak just a little softer?

I'd like to sleep.

Of course. Miss...

‐[man grunts] ‐I'll have his French toast.

You got profiles on the Supreme Court Justices?

You got... you got profiles?

It's these little things that make the difference.

The extra effort.

‐Oh, let me look at them. ‐[grunts] They're mine!

‐You scared, John? ‐[scoffs] Please.

‐Yeah. ‐Mmm.

Completely.

Rehnquist, Scalia, Stevens‐‐

We're going to be standing up there in front of them.

I shouldn't tell you this, but Rehnquist...

Uh, you have to call him Mr. Chief Justice, I know.

When Nixon swore him in, he called him Renchberg.

‐[both laugh] ‐Can you imagine?

The man makes it all the way to the Supreme Court...

and on his big day, Nixon calls him Renchberg!

[both laughing loudly]

‐Terrible with names, Nixon. ‐Yeah.

‐[man clears throat] ‐Try to sleep.

[man grumbles]

I have an appointment with Dershowitz at three o'clock.

‐Alan Dershowitz? ‐He's in Washington

He agreed to tutor me on what to expect.

I'm leaving nothing to chance, John.

I'm going to win this case.

[scoffs] No you're not.

Oh, yes, I am. I must.

Doug, as prepared as you think you are, you're not.

I plan to bury you.

‐We'll see. ‐Yes, we will.

[both men laughing]

I don't perform abortions.

I know. I was hoping you could recommend a doctor who does.

A good one. So...

Well, wouldn't your OB/GYN be able to make that recommendation?

The truth is, I haven't told her I'm pregnant.

I'd sort of prefer not to. I'm a little... humiliated.

All right.

[sighs]

I saw your car parked out front.

Stacey, I'm begging you‐‐

Um, Carter, please. Why don't you two go in here?

You can't... abort this child.

I can't go through with it, Carter.

I'm sorry for doing this to you.

‐I should've known before‐‐ ‐No, you can't!

I know surrogacy is right for a lot of people,

it's just wrong for me.

‐I have to do this. ‐I'll stop you.

You can't stop me.

Well, here we are, Wambaugh and Dershowitz,

talking law, discussing strategies,

constitutional scholars waxing.

Mr. Wambaugh, please, my time really is limited.

I do have a couple of other cases.

So if we can get right to the point.

Well, I'm ready on the law...

but I need to know from somebody who's been there.

Somebody who's been in that room.

I know, it's just another courtroom‐‐

Except with more judges, right?

‐Uh, nothing to be‐‐ ‐Mr. Wambaugh...

this courtroom is unlike anything

you have ever seen in your life.

For starters, you'll be staring down nine Supreme Court Justices,

spanning the entire width of the room.

That can be a very daunting experience.

One Justice will ask you a question from here,

then you'll be attacked from there‐‐

And it will be an attack.

This is an aggressive court.

This is a confrontational court. This is an argumentative court.

This is not gonna be a friendly experience.

Franklin Dell appearing for Carter Pike, Your Honor.

‐Where's Wambaugh? ‐He's off to Washington.

Your Honor... [sighs] this is an ex parte motion

seeking a restraining order to enjoin Stacey Halford

from terminating her pregnancy.

What did you just say?

My client entered into a surrogacy contract with this woman.

She became impregnated through in vitro fertilization‐‐

And now, she's endeavoring to terminate the seven‐week pregnancy

and we're asking the court to intervene.

Mmm‐hmm. Well, there's an obscure case

called Roe v. Wade.

That has nothing to do with it, Your Honor.

She may have a right to an abortion,

but she waived it when she entered into the surrogacy contract.

Now there's no health risk here.

Uh, we're entitled to an enforcement of the contract.

Well, if a woman wants to have an abortion‐‐

"Her body, her right."

Yes, we all know the slogan.

But, this woman leased out her body for $12,000.

She no longer has that privilege.

And I would submit‐‐ What about his rights?

He went through in vitro.

He took drugs to boost his sperm count.

His child is in that womb.

What about his rights?

I can't force a woman to carry a baby to term.

Of course you can, Your Honor.

The law already does that.

A woman in third trimester,

she seeks an abortion, the court says no...

The law mandates that she carry the baby to term.

That's a third trimester fetus, which is viable.

This pregnancy's only seven weeks.

Yes, Your Honor, but the point is that the courts can and do

force women to bear children in some circumstances.

It's done.

Well, this is another circumstance

where they and you could do it.

We're not asking you to take away her Roe v. Wade rights.

We maintain, she already gave it away.

We're simply asking you to enforce a contract.

I want to hear from the woman and her attorney before I do anything.

But what if she decides to‐‐

I'll give you a one‐day temporary restraining order.

We'll have a full hearing tomorrow.

‐[bangs gavel] ‐Adjourned.

What the hell could be next?

Will I get slaughtered?

The law's on your side, at least for now.

But Scalia, Rehnquist, Thomas, probably even O'Connor...

are looking for any excuse to get rid of Miranda.

This is a perfect case for that.

A drifter kills an innocent teenager.

It would be a very popular decision.

Scalia, you have to be really careful.

He is brilliant. But he can get very testy.

He's gifted at trapping lawyers

and he loves to watch a lawyer squirm a little bit.

But what about those on my side?

Won't they come to my defense?

Ginsberg, Stevens are probably going to be your best allies.

But, tomorrow, they're not gonna help you one bit.

You're all alone.

There's only one person who can fight off Scalia and that's you.

‐[Douglas inhales oxygen] ‐Are you okay?

[Douglas exhales]

When I'm nervous, I get winded.

Recently, I was diagnosed with multiple sclerosis.

Maybe I can play it for sympathy.

That would not be a good idea.

Just a thought.

Rehnquist has a bad back.

Sometimes, he just gets up in the middle of argument

and walks behind the curtain just to distract you.

Don't let that throw you off.

Remember, you must always call him "Mr. Chief Justice."

Not "Judge," not "Your Honor," not "Justice."

You must call him "Mr. Chief Justice."

Nixon called him Renchberg.

Nixon made mistakes.

Now, Thomas...

Thomas, you don't have to worry about tomorrow.

He never asks a single question.

If you want to win over Thomas,

just win over Scalia.

Thomas always follows Scalia.

Ginsberg, she asks sculpted, word perfect questions.

But listen carefully. She's a nitpicker.

One more thing.

Don't lecture them on law.

After all, they wrote the law.

Where your advantage lies, is in the facts.

You were at the trial, they weren't at the trial.

Play up the facts.

If you can persuade the Justices

that you know more about the facts than they do...

it's gonna help you on your credibility regarding the law.

Uh, let me see if I got it right.

Let's see if I got it right.

Watch out for Scalia and Rehnquist.

Play up the facts.

Pay no attention to that man behind the curtain.

Uh... Oh, don't bother with Thomas.

And leave out multiple sclerosis.

Is, uh... Is there anything else?

Yes, Mr. Wambaugh, one more thing.

I don't want to make you nervous,

but this is a really important case.

Not only for your client, but for the civil liberties of all Americans.

So the stakes are high.

Constitutional protections, police procedures...

And accordingly, the pressure on you is very great.

But you're up for it.

One thing, tomorrow,

Douglas...

be yourself.

Don't try to be something you're not.

You're gonna do just great.

Zei gezunt!

[chuckling]

We're locking up in 20 minutes.

I won't be here that long.

Give me a second, Kimberly.

John.

[exhales] Yeah.

Kind of want to get the feel of the place.

Tomorrow, it all happens.

I hope I don't embarrass myself.

Doug, you've earned the right to be in this court.

You made that appeal. You deserve to be here.

Thank you.

You're gonna be great.

Make no mistake, I plan to kick your ass,

but I'll be cheering for you too.

And me for you.

‐[Littleton] We are here. ‐[Douglas] Mmm‐hmm.

[Littleton] We are actually here.

[indistinct chatter]

[banging gavel]

The Honorable, the Chief Justice and Associate Justices

of the Supreme Court of the United States.

Oyez! Oyez! Oyez!

All persons having business before

the Honorable 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!

[bangs gavel]

We will hear arguments...

in People of Wisconsin vs. Brian Latham.

Mr. Wambaugh, you may proceed.

Mr. Chief Justice, may it please the Court.

I waited 51 years to get on this stage.

In that case, we'll give you 30 minutes.

I represent Brian Latham

on the appeal of his first degree murder conviction...

which conviction resulted from a statement obtained

by unconstitutional means.

In Minnick vs. Mississippi,

this court held...

when counsel is requested by the accused,

all interrogation must cease,

and police may not reinitiate any interrogation later

after the lawyer is gone.

And that's what happened here.

After I was gone,

Deputy Lacos asked my client to tell him where the body was.

It was an unconstitutional interrogation.

Are you saying that after the accused says he wants his lawyer,

the police can't even talk to him anymore?

The Deputy can't even say, uh,

"Hey, how's the weather" unless the attorney is present?

What I'm saying, Justice Scalia...

is that he can't reinitiate an interrogation.

"How is the weather?" is not an interrogation...

except maybe in New England.

"Tell me where the body is." That's an interrogation.

Suppose I were arrested.

I asked for my lawyer,

then the police reinitiate an interrogation.

As a matter of law, I would have no capacity

for a voluntary statement?

Under Minnick, no.

It would be impossible for the Chief Justice of the Supreme Court

to knowingly waive his right to a lawyer,

if the police initiated the encounter?

Yes, uh, that's the law.

Well, that seems absurd, Mr. Wambaugh.

Maybe Minnick is bad law.

Oh, it's Supreme Court precedent.

I would submit, Mr. Renchberg...

Uh‐‐ No, I mean, Mr. Rehnquist...

Uh, Mr. Chief Justice...

Sometimes, I mispronounce names

on account of my multiple sclerosis.

Quiet down, everybody. Quiet.

I want it on the record that I'm making no backdoor negotiations.

It'll be on the record.

I just want to do this in here, to protect their privacy.

She has a constitutional right...

There is no such expressed right in the Constitution.

...which entitles her to an abortion without his consent.

‐[Franklin] Why don't you read it? ‐[Henry] Quiet.

How can you even entertain such a motion?

Because I'm a funny guy.

Fathers can't prevent abortions.

The Supreme Court has said so.

The Supreme Court also says that a constitutional right can be waived.

The Latham case, going on this very minute‐‐

The issue being, whether the defendant

waived his constitutional right to counsel.

If he waived it, he loses it.

The very same principle is at work here.

She made no such waiver!

She promised to carry that baby to term.

So what? You want specific performance?

Come on, did you go to law school or‐‐

I'll choose my own legal remedies.

‐Thank you very much. ‐Quiet!

‐Why are you doing this? ‐I said "quiet."

Why are you?

All right, first...

is there any dispute that it's his child?

No.

And, Carter, are you sure you want to challenge her on this?

‐I'm sure. ‐[scoffs] This is ridiculous.

Lady, it usually takes me a full five minutes to dislike somebody.

I'm ahead of schedule.

All right, I'm going to review the law.

The law is very clear.

The Constitution provides‐‐

The Constitution is silent on this matter.

The right to an abortion is only as clear

as the nine Justices sitting on the Supreme Court.

Do you know who's sitting up there today?

Didn't you meet with your client, Mr. Wambaugh?

Yes, I did.

And didn't you appraise him of the risks

of speaking with police?

Of course.

In fact, I suspect, as a good lawyer would

you gave him a rather explicit warning.

And that you caused your client to understand his rights.

So why shouldn't we find his statement here

to be a voluntary waiver of his right to counsel?

[Douglas] Because he was coerced.

Deputy Lacos knew my...

my client was a devout Catholic.

And he preyed upon my client's Christian sympathies,

to get information.

Is it your position, Mr. Wambaugh,

that the incorporation of religion into a line of questioning,

would mean that any response per se, as a matter of law

could not be deemed to be voluntary?

Or is it your position, that in this particular encounter,

given the religious hyper‐sensitivity of the accused,

that as a matter of fact,

Mr. Latham's response

could not be regarded as voluntary?

I would ask you to repeat the question but my time would be up.

Uh... huh...

Uh... I'm a character. [chuckles softly]

I, uh, would submit that in this particular incident...

Mr. Latham's response was not voluntary.

Minnick says, as a matter of law,

the statement is automatically involuntary

when the police reinitiate the encounter.

Well, how would the police ever get a confession?

Almost every suspect immediately asks for a lawyer.

If he's not allowed to change his mind,

if the police aren't even allowed to ask him if he wants to change his mind,

how are we to obtain valid admissions?

Well, I'm concerned today about the invalid ones.

Why shouldn't we apply an objective test for each case?

If the waiver is voluntary, let it in,

if it feels coerced, keep it out.

Why apply this absolute restriction?

Because we need the absolutes.

We need a prophylactic that gives a 100% assurance

against coerced confessions.

If you give the police any margin, they'll abuse it.

That is a pretty sweeping indictment.

Well, Your Honor, I don't mean to suggest policemen are bad people.

I personally know the arresting officers in this case...

Officers Maxine Stewart and Kenny Lacos,

people I admire.

But they're caught up in a system and a society that is gripped with fear.

And when afraid enough...

scared people become willing to suspend civil rights.

It's going on all over this country.

It went on at his trial.

When Judge Bone stood up and said,

"I don't give a damn what the Supreme Court says,

the hell with his right to counsel."

Well, that's what he said.

And he said, if the Supreme Court

has a problem with that,

they can come and get him.

And the people of Rome, enlightened people, good people...

they stood on their feet and cheered Judge Bone when he said,

"To hell with the Constitution."

They cheered.

That's what's going on in America today.

People are afraid.

There's pressure on the police

to do everything to catch the bad guys.

And they are doing everything.

Including crossing constitutional barriers.

That's why we need the Supreme Court.

When the police go too far,

that's where you come in.

Well, they went too far in this case.

They denied Brian Latham his constitutional rights.

So this is where you come in.

‐[knocking] ‐Hi.

Hi.

I've been thinking about how all of this is none of my business.

And I know that I should leave you alone.

But, then it occurred to me that maybe the reason that you're doing this...

is because you're so alone.

Surrogacy is an extreme step, Carter.

Going to court to enforce it‐‐

I'm not gonna lie to you, I'm worried about you.

[inhales] What is so crazy?

That I would like to have a child?

That I want to share in the experience of parenting like...

everybody?

I know I could adopt, maybe I will someday.

But I wanted my own flesh and blood too, you know?

‐Carry on the Pike name. ‐Oh!

[scoffs] I'm 38, Jill.

I can cling to the idea that maybe I'll meet somebody...

have children together...

But I also have to recognize the reality, I'm 38!

And I've never been in a relationship with anybody. Never.

I didn't know that.

Yeah, well, it's not something I...

Look, I'm not denying how ridiculous this is,

doing what I'm doing but‐‐

[sighs] What's that old saying,

"behind every desperate act, you'll find a desperate man."

You're not a desperate man, Carter.

I have nobody in my life to love, Jill.

What does that make me if not desperate?

This was no interrogation.

Deputy Lacos volunteered to leave.

Brian Latham, at least implicitly,

consented to the conversation.

And that's what this was, a conversation.

There was no accusation.

No attempt to elicit incriminating evidence.

Simply, a question.

"Do you know where we might find Susan Engrams?"

To categorize that as an interrogation,

to say it rises to the level of coercion,

is completely contrary to fact.

You're maintaining that Minnick doesn't apply,

because this isn't an interrogation?

That's correct, Your Honor.

Counsel, he asks the suspect to point him to the body.

Suspect tells him.

That's a pretty incriminating answer.

And exactly the kind of answer that the deputy was looking for.

I maintain that Deputy Lacos' intent was not to elicit incriminating evidence‐‐

It doesn't matter.

If the police ask a question

that can reasonably elicit an incriminating answer...

it's an interrogation.

You're familiar with Rhode Island vs. Innis?

Yes, I am.

Then how do you get around Minnick?

The law says that you cannot reinterrogate

after the accused makes a request for counsel.

Which is exactly what Deputy Lacos did.

How do you get around that?

Are you suggesting Minnick doesn't apply?

Or are you advocating that we overturn Minnick?

I am suggesting to this court that Minnick be overturned.

[murmuring]

This court erred in Minnick vs. Mississippi.

Well... [sighs] isn't this exciting?

Mr. Chief Justice, you yourself flagged the problem.

It's become impossible for the police to get a confession.

Now, the point of Miranda and all these prophylactic protections

is to guard against compulsory self‐incrimination.

We want defendants to know their legal rights.

We want their statements to be intentional and voluntary.

Minnick has distorted this protection to a ridiculous extreme.

It establishes a systematic formula

that can result in a complete travesty‐‐

Not only of justice, but of common sense.

To hold, as a matter of law,

a suspect can't change his mind about having counsel in the room?

To say he automatically lacks capacity to make voluntary statements.

Nothing in the Constitution supports this type of premise.

Nothing!

These are court articulated protections

that have expanded into constitutional fairyland.

If you want to stretch a ruling on Minnick to its most illogical extreme,

you need look no further than this case.

Brian Latham was a sane, competent man

who knew his legal rights.

He had been given Miranda.

He had been warned by his lawyer.

Take a look at those trial transcripts...

this man's testimony was precise.

He clearly knew what words to choose.

His statement to Kenny Lacos was knowing,

intentional and voluntary.

And we're applying an automatic formula

to redefine it as involuntary and throw it out.

Well, if the Minnick test results in such an atrocious rape of the simple truth,

then Minnick should be reversed.

Suppose the suspect is not so savvy as Mr. Latham?

Maybe he's more easily tricked.

How do we prevent the police from exploiting that situation?

Maybe the best way is simply to draw an absolute.

If he asks for a lawyer, stay away.

That's simple, Counsel.

Why can't the police just stay away until the lawyer gets there?

We can err too much on trusting the police, I guess...

or in trusting them too little.

Which error, in your opinion,

would be more consistent with our Constitution?

I don't think you need to make either error.

I think your rulings should trust law and order.

And trust that the underlying intent of the Constitution

is to ensure a free nation.

Crime is making us all less free.

Now, the Constitution is certainly there to protect the guilty

as well as the innocent, I don't dispute that.

But that objective of the Constitution is not to set the guilty free.

The people of this country need to know that.

They need to hear that from this court, today.

[crowd chattering loudly]

‐[shutter clicks] ‐[man screams] Sinner!

Keep back!

[man shouts] Baby killer!

‐Let her pass. ‐It's murder! You're a murderer!

‐Please step back, sir. ‐I will not get back.

‐Take your hands off me! ‐Hey!

‐Hey! ‐[crowd gasps]

What's your name?

My name is Michael Duffy.

‐[crowd gasps] ‐[man laughs]

Never hit me, Mr. Duffy.

[man] Get back to work. Come on, give 'em some room.

[Franklin] She contracted away her right to an abortion.

She gave it away when she entered into the surrogacy agreement.

Your Honor, that is completely without merit.

Husbands have tried to sue mothers

for emotional distress after abortions,

but the courts threw out those cases.

Why? Because there is no precedent.

Those were lower court decisions that were ruled on...

‐Excuse me, I would like to finish my‐‐ ‐Will you let me finish?

‐Hey! ‐I was the‐‐

I'll finish.

Excuse me, Your Honor.

‐Could I be heard? ‐It would be refreshing.

Let's have the lawyers take their seats.

I'm not gonna get into the abortion debate.

Whether the fetus is a life or not,

I know that it's a legal question for the lawyers.

I also know that it's a woman's...

personal choice as to whether...

she considers it a life or not.

I would just like to say...

as the father...

it's my personal belief that it is a life,

that it's my child.

And that is why I feel I must try to save it.

Uh... [sighs]

[smacks lips] I also know,

according to the Supreme Court, I...

as the father, have no rights here.

Legally, I'm irrelevant.

And I think that's wrong.

Without completely vitiating pro‐choice,

we should find some way to give the father some rights.

After all, it's... my child!

Before the Supreme Court can address this question,

the case has to get there.

And in order for that to happen,

we need some brave trial court judge,

who's willing to make a ruling

that putative fathers do count in this decision.

And I have listened to your rulings for years

and I don't know any judge

who has more courage than you.

I guess I'm asking...

for me and...

my child.

I'm asking you to be the most brave you've ever been.

I need five minutes.

Spent too much time on Minnick.

Should've given more to Breyer, played up the coercion.

You got in Breyer.

‐How soon before they rule? ‐There's no telling.

Could be quick, could take months.

I can't believe I said it‐‐ Renchberg!

[chuckles]

Mr. Wambaugh, you were fantastic.

I was?

You stood up in the Supreme Court

and were equal to nine judges.

I couldn't believe how good you were.

I wish Myriam could've seen it.

I wish Brian Latham could've seen it.

I saw it.

I was very proud of you.

Watching you fight the way you did...

you made all lawyers proud.

Thank you, Kimberly.

And you did too. Very much.

Thanks.

[bailiff] Be seated.

On pregnancy matters,

Roe vs. Wade gives all the rights to the mother.

The father has none before viability.

The waiver argument was a novel one, Mr. Dell,

but to enforce a contract claim,

to prevent a woman from terminating the pregnancy,

that would be against public policy.

The only way for me to grant Carter Pike's request,

would be to flat‐out ignore the Supreme Court‐‐

Which I've done.

One thing about being old, it can make you brave.

But I'm not that brave, Carter.

This case involves a baby, two parents...

and a controversy that no judge can ever truly solve.

The issue of abortion is a deeply personal one.

I am neither wise nor brave enough

to be Solomon.

Plaintiff's petition denied.

Ms. Halford is free to terminate the pregnancy.

‐Adjourned. ‐[bangs gavel]

[crowd murmuring]

They came at me.

[chuckles] Especially Scalia.

But I fought them, Brian. I fought them with all I had.

‐When will they rule? ‐Well, there's no telling.

But it would be nice if those regular appointees could retire first.

But the law is still on our side.

Minnick is the key.

Now, I ordered a transcript,

so you'll be able to read every word.

Douglas Wambaugh, the Supreme Court.

‐[chuckles] ‐I had a moment.

Kimberly, what are you doing here?

This came in.

What?

How could they rule so fast?

‐[knocks on glass] ‐What?

They reversed Minnick.

‐Our appeal was denied. ‐[sighs]

What does... what does it mean?

[loudly] What does it mean?

It's over. We've lost.

You said the law was with us.

You said they follow the law!

I don't know what to say.

But the law just changed.

[door creaking]

[theme music playing]

[theme music ends]