0:07

From iHeart Podcasts. This

0:10

is Supreme The

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Battle.

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For Rows eighteen

0:16

Roll Against.

0:18

Wade, starring Maya Hawk and

0:21

William H. Macon.

0:24

Whenever you are.

0:24

Ready, mister Chief Justice,

0:26

and may have placed the Court.

0:29

Episode nine, The most

0:31

controversial man in America.

0:37

Closed the door. I

0:40

made a decision. We're starting over. We're

0:42

striking down the Texas law.

0:44

Really yes, really?

0:46

Yes? Why is that so hard to believe?

0:48

It's just you're sure this time

0:51

because you have had a few false starts.

0:53

I am. Now, how do we get this done?

0:55

Your honor?

0:56

This will be my first major decision, I

0:58

write, Charlie, we need a home run.

1:00

Okay, I say we go for it, sir. The more lenient

1:03

we are with restrictions, the more likely we are to

1:05

ensure Marshall and Brennan's sign on.

1:07

No no, Marshall, Brennan and

1:09

Douglas are in the bag. We can't go too

1:11

far and risk alienating Powell, Stewart

1:13

and Warren.

1:14

I disagree, sir. We shouldn't take the liberal justices

1:16

for granted. But aren't

1:19

we missing the bigger picture? We only need

1:21

one more vote for a five four majority.

1:23

Absolutely not, sir,

1:26

If we're evenly split one more vote

1:28

gets us over the top.

1:29

Yes, Charlie, I'm aware how math works.

1:32

Thank you.

1:32

But open a newspaper, turn on the TV.

1:35

Abortion clinics are getting bombed,

1:37

women and doctors are being harassed and dying.

1:39

This can't be a five to four decision.

1:42

We can't squeak by. I want a real majority,

1:45

not a coin toss. Yes, sir, Now

1:48

let's go get the damn votes. You say I have to play

1:50

politics. That's what I'll do. I'll

1:52

play majong if you tell me that's the only way.

1:55

Now, where do we begin?

1:57

How about Justice Powell?

1:58

Ser Oh christ Hal

2:00

wrote the blueprint for the rise of the American Conservative

2:03

movement. For the Lewis Powell,

2:05

this country would go back to before it even heard

2:07

of FDR. Okay, how about the Chief

2:09

then, No, we need to work our

2:11

way toward Warren.

2:13

How about Wizard Justice White.

2:16

I'll due respect your honor. You're dreaming.

2:18

Wizard was appointed by JFK. Charlie.

2:20

There's a shot, and think how much it'll

2:22

help dissuay the others.

2:28

Whizz there, nice moves out

2:31

there.

2:31

I led the NFL in rushing my rookie

2:33

season, Harry, I don't need the

2:35

condescension.

2:36

I didn't mean anything by it, Whizzer. It's

2:39

about a million times better than I could do.

2:42

You have a second to talk, Oh.

2:43

Christ No, I haven't read your latest

2:45

five hundred page opis Harry, how about

2:48

you give me the cliffs notes.

2:49

Well, sure, here's the overview.

2:51

I'm throwing it out and starting again with

2:53

something that actually has a shot at working.

2:56

Well, look at you.

2:57

You're voting to strike down the Texas law.

3:00

Do you need to get on board, Wizard?

3:01

Yeah, how about a lobotomy if

3:03

that's where we're starting.

3:05

Look, it's not up to us, Harry,

3:07

the least democratic branch of the government

3:09

shouldn't be settling this.

3:10

Leave it for Congress or the States.

3:12

You wouldn't say that about civil rights. We

3:15

wouldn't have Brown v Board, Miranda,

3:18

Gideon Erry.

3:19

If nine old men unilaterally make

3:21

this decision, you'll radicalize this country.

3:23

People will go crazy.

3:25

Let the politicians decide they

3:27

were elected at least.

3:28

This is raw judicial power gone

3:30

wrong. No, Wizard.

3:32

When my granddaughters are in college, they won't

3:34

believe there was a time women didn't have the right

3:37

to control their own bodies anymore

3:39

than we can believe they once didn't have the right

3:41

to vote. Come on board,

3:44

help me shape this thing.

3:46

What do you say?

3:48

Sorry, Harry, Now, if you'll excuse

3:50

me, I got a game to.

3:51

Play, Lewis

4:02

you got a second for you, Harry, take

4:04

a seat.

4:06

You probably know why I am here.

4:08

I want the husband to have us say take

4:11

it or leave it.

4:13

You want to require a husband's approval

4:15

for his wife's abortion. Brendan

4:17

and Douglas will never go for it.

4:19

Persuade them, Harry, you're

4:21

right and the decision. That's your

4:23

job. I can't risk alienating

4:25

the votes we already have.

4:27

The father has just as many rights to

4:29

the child as the mother, Harry.

4:31

This shouldn't be controversial.

4:33

Oh christ Powell, we

4:36

can't even call it a child.

4:38

What planet are you want? Will lose?

4:40

Douglas and Marshall for sure, they're

4:47

good.

4:48

You got a second.

4:49

Don't use privacy, Harry Good.

4:52

The court is established the right

4:54

to privacy over and over. It's

4:56

a natural fit for this case.

4:58

Except for one thing. Show

5:00

me where in the Constitution it explicitly

5:03

mentions the right to privacy?

5:04

What are you an originalist?

5:06

Now?

5:06

Who cares if it's not in the text. We've

5:09

recognized zones of privacy before.

5:11

This decision needs to be rock solid,

5:13

Harry, rock solid.

5:16

Root it in a written provision, not something

5:18

that nine of us got together and made up like

5:20

a zone of privacy.

5:30

Well, Potter, what's it gonna take?

5:34

You know?

5:34

I'm leaning toward you, Harry, I.

5:36

Do what do you need to actually lay

5:38

down with me?

5:39

I don't want it on the government's dime.

5:42

What I can get to a place where

5:44

the due process clause guarantees

5:46

a woman's right to choose. But I

5:48

can't get on board with forcing the state or

5:50

FED to pay for the procedure.

5:52

And women who can't afford an abortion,

5:54

Potter, what good is giving them the right if

5:56

they can't exercise.

5:58

It, they'll find a way. If

6:00

they really want it done, they'll figure it out.

6:04

Anything else.

6:05

Yeah, I want to protect

6:07

all existing state statutes.

6:09

Oh holy well, well

6:22

that was humiliating.

6:23

Thank you, Charlie. Now we know why

6:25

I became a judge and not a politician.

6:28

Where the hell are we.

6:29

To a unanimous decision? Not

6:31

going to happen, your honor, But we can still

6:33

get this done. How do you feel about Justice Powell's

6:36

demands?

6:36

I feel sick about them. Thank you very much,

6:39

as do Douglas and Marshall.

6:40

Sir, but I think maybe maybe

6:43

we could compromise enough to get Powell

6:45

on board without completely losing the Liberals.

6:48

As for Justice, Wife and.

6:50

Stewarts, Whizzer and Potter are lost causes

6:52

if we don't alienate their good Christ.

6:55

What are these names?

6:56

It sounds like the cast of a children's play.

6:58

Anyway, Wizards completely

7:01

beyond redemption. I'm afraid I agree

7:03

you Runner, So that puts us at

7:06

a very very shaky five

7:08

for sir.

7:09

Not good enough. It may have to be, sir, Nope,

7:12

let's keep working. Knock

7:15

Warren, mister Chief Justice. Hello,

7:17

don't get up. What can I do for you? Warren?

7:19

Word around here, Harry, is that

7:22

you've been doing some horse trading.

7:24

I learned from the best. I don't

7:26

get it.

7:27

Why are you trying so hard on this one?

7:30

Don't think you've escaped. I'm coming

7:32

for you next. What

7:35

on earth has gotten into you? I

7:37

need your vote, Warren, and

7:39

I intend to get it.

7:56

Oh Lord, I can see through the window. The rain is

7:58

coming. She's a talker.

8:00

I'll be on the sidewalk. Keep it brief, Sarah.

8:02

Remember it's a numbers game.

8:06

Hi, Lorraine, how you doing,

8:09

Sarah Weddington?

8:10

What are you doing on my porch? Come in,

8:12

come in.

8:13

I'd love to, but my campaign manager would

8:15

have my head. That's him on the sidewalk.

8:17

There, Payson campaign manager.

8:20

That's right. I'm running for the state House

8:22

and i'd love your vote. Lorraine.

8:24

Here, take this literature. I'm

8:26

dropping it off for everyone in the district. How

8:28

about you give it a read?

8:29

Of course, give it here.

8:31

Thanks Lorraine. I gotta go, but let's

8:33

have dinner somenight. Okay.

8:35

Oh, i'd love that. We haven't seen Ron in ages?

8:38

Oh yet?

8:39

What ever happened with that big case

8:42

you went to Washington for, Sarah?

8:43

Good question. I guess they'll get

8:46

around to making a decision one of these days.

8:47

Ah.

8:48

Must be hard not knowing if you won

8:50

or lost. You probably put a lot

8:52

of work into that.

8:53

Huh just a bit anyway,

8:57

Thanks for your support. I got about a million

8:59

more.

8:59

Ho good luck,

9:02

Honey, your

9:14

honor.

9:15

Do you have a second, Charlie, sit down? Look

9:17

this over? Will you tell me if the language

9:19

is clear?

9:20

Yes, sir, I actually have something that I think

9:22

you need to hear. Well, spit it out, you

9:24

know how We've been trying to sway Justice Stewart

9:26

to our side for weeks.

9:28

Yes, Charlie, I'm aware Potter

9:30

Stewart won't even read the damn thing.

9:32

I've done everything short of show up at his house

9:34

and read it to him as a bedtime story.

9:36

I have reason to believe he may be swayable.

9:39

Stuart m doubtful

9:42

appointed by a Republican when against all

9:44

the equal protection cases. But your

9:46

honor even more relevant for us, he dissented

9:48

in Griswold in the ground said he didn't

9:50

believe the right to privacy exists in the

9:52

fourteenth Amendment.

9:53

I know all that, sir, but I've just found out some

9:55

interesting information, the

9:58

kind that suggests the marble that just a Stewart vote

10:00

is etchedon.

10:01

Might have a few cracks, the

10:03

marble that when

10:06

you're on the Supreme Court someday, Charlie,

10:08

which you no doubt will be, you can

10:10

savor it when you have pertinent information,

10:12

but while you're still a clerk out

10:14

with it.

10:15

Apologies, sir, my information

10:17

isn't regarding Stewart exactly. It's his

10:20

wife.

10:21

No, No, absolutely not. Whatever

10:24

it is. I'm not interested.

10:25

Family crosses the line Charlie, I wouldn't

10:28

want other justices discussing Dottie.

10:30

Missus Blackman doesn't volunteer for Planned parenthood,

10:32

Your honor.

10:33

What did you just say?

10:34

Justice Stewart's wife has been volunteering out of

10:36

Virginia branch of Planned Paranhaud for years.

10:39

Well, that's very

10:42

interesting.

10:43

I gotta think Stuart's vote is up for grabs, Your honor.

10:45

Perhaps a deal can be made,

10:47

and if it can, then it would be six votes

10:50

solid majority, sir, and

10:52

could maybe sway the chief too. We'd

10:54

have to play it just right, Yes, your Honor,

10:56

I agree.

10:57

I can't go directly to Steward because it'll

10:59

get right back to Warren, and Warren will

11:01

immediately bring Stuart into line.

11:03

I can backchannel with one of Stuart's clerks, Sir.

11:06

No, all four of his clerks are

11:08

suck ups to Warren. They'd love

11:10

nothing more than to go running to him. I

11:13

may have another idea.

11:16

How's your backstroke, Charlie,

11:31

Justice Stewart, Can

11:33

I help you?

11:34

It's Charlie, Sir, Justice Blackman's clerk.

11:37

What are you doing here?

11:39

You work out of this gym?

11:40

I got a day pass, your Honor. I was hoping we could

11:43

speak.

11:47

What's this all about, Charlie. This

11:49

is a little too cloak and dagger for my liking.

11:52

I'm very sorry, your honor. As you know, Justice

11:54

Blackman is attempting to assemble

11:56

a majority on Row.

11:58

What exactly do you have to say to me that can't

12:00

be said in my chambers in an hour, Sir.

12:02

Justice Blackman is willing to compromise

12:05

if he comes to your chambers. He knows

12:07

that whatever he says will go right back to the Chief.

12:09

Your clerks are close with Justice Berger, Sir.

12:12

I see what sort of

12:14

compromise is your boss thinking.

12:16

Timing, Your honor, excuse

12:18

me. We know your feelings on the Fourteenth

12:20

Amendments limitations, but we're

12:23

hoping you feel some flexibility

12:26

on how far those limits extend. For

12:28

instance, what if abortion

12:31

were legal in the first trimester of a pregnancy

12:33

across the nation?

12:34

What the hell is a trimester?

12:36

We know that it's never been used in this context

12:38

before, sir, but from Justice

12:40

Blackman's research at Mayo, it seems

12:42

to him a fertile place for compromise.

12:45

Doctors already break pregnancies into

12:47

three periods during the first trimester, when

12:50

the procedure is much safer than actually giving

12:52

birth. We wouldn't allow state

12:54

governments to restrict abortions in

12:56

the second trimester there are slightly

12:59

more risks. Will let states

13:01

protect the other by enacting regulations as

13:03

long as they're reasonable.

13:04

And the third trimester? What

13:06

does your boss say about that?

13:08

His research indicates that by the final

13:10

third of the pregnancy the fetus

13:12

is viable. Therefore will

13:14

allow the state to protect the prenatal life if

13:16

it wishes. Interesting justice,

13:19

Blackman thought that might be a compromise. You could get

13:21

on board with your honor? Was

13:23

he right?

13:24

How soon can Harry turn around a new draft,

13:27

one that reflects this trimester idea?

13:30

Is that a yes, your honor, it's.

13:32

A maybe, son, But more

13:34

than anything, this needs to get done fast.

13:36

You have no idea How much I hear about

13:39

this at home every night?

13:40

Yes, sir, but there's

13:42

a bit of a hold up with the revision, sir. What

13:45

hold up the chief, sir? He's

13:47

still refusing to come down on either side.

13:49

It appears that he's stalling.

13:51

Why on earth would Warren be stalling?

14:06

We got steaks here, get your steaks medium,

14:08

rare, nice and hot.

14:09

We got burgers.

14:11

We got cheeseburgers.

14:12

Take your picks.

14:13

Someone's in a good mood, Dottie.

14:15

It turns out the way of the world was a lot

14:18

to carry around cheeseburger

14:20

from my love.

14:21

Oh, I could get used to this.

14:22

The end is nigh, Dottie. I can almost

14:25

taste it.

14:25

Oh, that's wonderful, sweetheart. And how did

14:27

you do it? How did you convince the others to come on

14:29

board?

14:30

Compromise resolved? My natural

14:33

charm? I got it all, baby, We

14:35

had the majority locked up. I just need

14:37

a straggler to come on board. Let me

14:39

guess who you know exactly who the

14:42

question is? Why I haven't figured that one

14:44

out yet.

14:45

Oh, I'll get it. It's probably Ron and

14:47

Belle. I'm across the street, Harry.

14:56

We've got visitors.

14:58

Justice Blackman, Hello, who are you?

15:00

Special Agent Ambler?

15:02

FBI?

15:02

This is special Agent Cutters.

15:04

Has something happened?

15:05

Not at all, Man.

15:06

We didn't mean to frighten you.

15:07

Believe me, she's not frightened.

15:09

Why have you gentlemen come to my home stake?

15:11

Smell delicious, Justice Blackman, you must speak quite

15:14

a chef.

15:14

What exactly can't wait until I'm at

15:16

the courthouse.

15:17

This is a courtesy call, your honor. Think of it as a

15:19

consultation.

15:20

Consultation about what justice

15:22

Blackman.

15:22

It's no secret that you're drafting the opinion

15:24

on Roe v.

15:25

Wade.

15:26

If you come down against the abortion laws, you

15:28

and your family can expect to receive

15:30

scores of death threats. Our daughters too,

15:33

Yes, missus Blackman, Nancy, Sally and

15:35

Susan.

15:35

Two now hold on a moment.

15:36

Like I said, this is merely a security consultation,

15:39

your honor.

15:39

Harry, put down the spatulot, come

15:42

inside. Let's all sit down and discuss this.

15:43

Dottie. They're trying to frighten us, your honor,

15:46

Please don't.

15:48

My wife and I are well aware of the

15:50

controversy, Agent Ambler.

15:52

We live in the real world. We read the

15:54

news, watch TV same as you. We

15:56

know what's coming, Harry.

15:58

They're just trying to help.

15:59

No, Dottie, they're trying to scare

16:01

us, Agent Ambler. Tell

16:04

mister Nixon and his Attorney General

16:06

that we will not be intimidated by

16:08

foot soldiers of the Justice Department

16:10

into thinking twice about striking down

16:12

the law they support.

16:14

I think you misunderstand our attention.

16:16

Your honor.

16:16

Yeah, maybe maybe not. My

16:19

only question is how does the

16:21

president know where we stand? But

16:23

I think I can work that one out on my own. Dottie,

16:26

please show these agents to

16:28

the door.

16:29

I think they can find it themselves. Goodbye,

16:31

gentlemen.

16:41

Never going to happen, Sarah, I hear that

16:44

a lot. Mike, there's time. Take my word

16:46

for it. You only just won your

16:48

election. You're a freshman legislator.

16:50

You don't have the juice to get this.

16:51

Through, but you do, Mike. That's

16:54

why I came to you. You've been in the state

16:56

House. What two hundred three hundred years?

16:59

You do really asking a favor of me?

17:01

Right?

17:02

The public is in favor of this bill. Every

17:05

poll shows people want to legalize

17:08

abortion.

17:09

We even compromised on we.

17:10

Cannot legalize abortion this way. Your

17:13

opponents may be in the minority, but they scare

17:15

people. No representative here will

17:17

take this up, but especially not while

17:19

the Supreme Court is still deciding the issue.

17:22

Hell, it's your case they're deciding, Sarah.

17:24

I'll go gray waiting for them to make up their minds.

17:27

Mike, Let's go around them. Let's push

17:29

this bill through.

17:30

Never going to happen. I know you're

17:32

frustrated, Sarah. But the court will announce their

17:34

decision soon. We'll

17:36

know if you want a lost and we can

17:38

go from there. Okay, just try

17:41

to relax.

17:58

Thanks for meeting me.

18:00

How do you even know about this place, Harry?

18:02

The floors are.

18:03

Sticky, Susan recommended

18:06

it. Things have been tense in the courthouse.

18:08

I thought this might be a place we could

18:10

speak freely.

18:12

I see, so this conversation won't

18:14

be tense.

18:15

Then that's up to you, Warren. You've

18:17

had quite a few weeks. What's the count

18:19

now?

18:20

Six ' to two in your favor. If

18:22

I didn't know better, i'd say you were a natural politician.

18:25

Harry. Come on now, no insults.

18:27

You know I don't mean it as one. Fine.

18:30

I hope you know that.

18:31

I don't think any less of you, Warren, simply

18:33

because you know how to get things done.

18:35

Sure you do. But that's all right.

18:37

You've always looked down on me, airy because

18:39

I worked as an insurance salesman while

18:41

you were at Harvard.

18:42

It's okay.

18:43

I don't feel a bit ashamed. I ended up

18:45

here because I get things done. It's

18:48

how you ended up here too, If we're being honest.

18:51

You mean you got me my seat.

18:53

No, I mean I made you a damn judge in the

18:55

first place. Do you think you

18:57

ever would have considered the bench if I hadn't

18:59

encouraged you. I shaped

19:01

every step of your career, Harry. I

19:05

miss Minnesota more and more. I

19:08

used to live for our early morning hikes. It

19:10

was a reason to get out of bed. Remember

19:13

how much we used to worry about whether we'd ever make

19:15

our mark on the world. Harry. I

19:17

believe our fifteen year old selves

19:20

would be awfully proud of our sixty year

19:22

old selves.

19:23

I don't deny you've shaped

19:25

my career, Warren. You

19:27

don't see it, but you help

19:29

shape this decision too.

19:31

What does that mean?

19:32

Your mother raised you all by herself. She

19:34

practically raised us together. It's

19:37

from her that I learned the burdens face

19:39

by a single mother.

19:40

Wow, bringing my mother

19:43

into it, that's pretty low.

19:44

It's time to come on board, Warren. I

19:47

need your vote.

19:48

I read your latest draft, Harry. It's

19:50

an improvement, but it's still a mess.

19:53

An implicit right to privacy. I

19:55

may not have gone to Harvard, but even

19:57

I know how weak that is.

19:59

I would have They're based it on the guarantee

20:01

of equal protection, but I would have lost

20:03

two votes plus yours.

20:05

I haven't decided my vote yet. I'm

20:07

aware of that, Warren.

20:09

Everyone is aware of that, and

20:11

we're not getting off these stools until

20:14

you do tell me.

20:17

Is it just to distinguish yourself from me?

20:19

What are you talking about?

20:20

Pretty extreme, Harry, becoming the architect

20:23

of the pro abortion movement, just so people

20:25

don't think you're in my pocket and

20:28

to make me look like.

20:29

A fool, That's not the reason,

20:31

Warrant. I'm

20:35

sorry he didn't end up choosing you

20:37

for the vice.

20:38

Presidency, Sure you were, Ry.

20:40

Nixon is the reason you haven't taken a position.

20:43

Yet, isn't me. You're terrified

20:45

of embarrassing the president. If

20:47

a court on which Nixon appointed half the

20:49

members, including the chief, comes

20:52

down on the pro choice side, he'll be humiliated.

20:55

And you're about to swear him in for his second

20:57

term. You have to look Nixon in the eye

21:00

and account for what your court did.

21:02

You're out of bounds, Harry. If

21:04

any other justice spoke to me like that.

21:06

But I'm not any other justice, Warren,

21:09

and you wouldn't try to manipulate any other

21:11

justice the way You've tried to manipulate.

21:12

Me, And what does that mean?

21:15

You assign this decision to me when

21:17

it wasn't even yours to assign. If

21:19

Douglas had written it as he rightfully

21:22

should have, it would have been handed down months

21:24

ago. You wanted it delayed,

21:27

and you wanted to control it so you could

21:29

maintain power but not have the burden

21:31

of your name on the decision that tears

21:34

this country apart. I'm sorry

21:36

it hasn't worked out that way.

21:37

You don't know what you're talking about, Harry. Everything

21:40

you said is right, Warren.

21:42

I did become a judge because I saw my lifelong

21:44

best friend do it. I did get

21:46

my seat on this court because you whispered

21:48

my name in the right ear. And if

21:51

you think that puts me in your debt, you're probably

21:53

right about that also. But

21:55

none of that matters right now. I

21:58

have a six vote coalition. It's currently

22:00

being held together by a rubber band and some masking

22:03

tape.

22:04

You're the Chief Justice.

22:06

You need to make a decision, and

22:08

you need to do it in the next twenty four

22:11

hours.

22:11

You'll get it when I'm ready. No,

22:14

now, I'll get it tomorrow. Warren.

22:16

Make a choice or so

22:18

help me, I will deliver an eight man

22:21

decision and the Chief Justice's

22:23

name will be left off. The most important

22:25

Supreme Court decision of the century.

22:28

After that, you'll really wish

22:31

you got the nod for the vice presidency because

22:33

your political weight will rank somewhere between

22:35

Bob Hope and the lady who does a bounty paper

22:38

towel commercials. Tomorrow,

22:41

Warren, the decision

22:44

isn't perfect, and guess

22:46

what.

22:48

Neither are we.

23:02

Protesters and supporters alike are lined

23:04

up outside the United States Supreme Court

23:06

this afternoon as a decision in the

23:08

most hotly debated case in years

23:11

is set to be delivered. In an unusual

23:13

move, Justice Harry Blackman, who

23:15

wrote the majority opinion, will read

23:18

the decision from the bench alone.

23:20

The overflowing courtroom is filled with

23:22

reporters ready to take down his

23:24

every word. Letters have been pouring

23:27

into the courthouse, mostly addressed to

23:29

Justice black Men, at the rate of three

23:31

thousand a day. Court insiders

23:34

say the tone of the letters is extremely

23:36

vitriolic. One such letter

23:38

urged Justice Blackman's immediate resignation

23:41

from the court if he strikes down

23:43

the abortion laws. Justice Blackman

23:45

is said to have sent a reply to the letter. Dear

23:48

sir, no, sincerely,

23:52

Harry a black man.

24:09

Harry, sweetheart, you ready for

24:11

this?

24:13

Absolutely not.

24:15

Do you want to hear some good news?

24:17

Lyndon Johnson just died, Dottie.

24:19

I disagreed with the man, but I hardly wish

24:21

to know.

24:22

What I mean is maybe no one will even notice.

24:24

Rowade LBJ will take up all

24:26

the ink tomorrow. You

24:29

don't look comforted, Harry.

24:31

Tell me I'm making the right decision, Dottie.

24:35

I can't do that, sweetheart, No one can.

24:37

We're a Republican appointed court that's

24:40

about to strike down the abortion laws.

24:43

That has to be a good thing, right. It

24:45

shows we're independent. We're not beholden

24:47

to the political party that appointed us.

24:50

Because the moment that changes, it's over. That'll

24:52

be the end of the people's belief and our

24:55

ability to decide what's just based

24:57

on the merits will become just as

24:59

politic is the other two branches of government.

25:02

That's a worry for another day. Harry, Now

25:06

go do this.

25:25

Welcome, Let's get down to it, shall we, black

25:28

men, h delivering the opinion of the court,

25:33

we forthwith acknowledge our awareness

25:35

of the sensitive and emotional nature of

25:37

the abortion controversy,

25:39

and of the vigorous opposing views,

25:43

and of the deep and seemingly absolute

25:45

convictions that the.

25:46

Subject inspires the

25:49

Texas statutes under attack

25:51

here?

25:51

All right, everyone, everybody

25:54

approximately, Hey, yes.

25:57

He's reading the decision.

25:59

Sarah.

25:59

You will write overtones

26:03

and to complicate and not to simplify

26:05

the problem.

26:06

One's philosophy, one's

26:08

exposure to the raw edges of human

26:11

experience, one's

26:13

religious training, one's

26:15

attitudes towards life and family,

26:18

and the moral standards one establishes

26:20

and seeks to observe are

26:22

all likely to influence one's thinking

26:25

about abortion. Today,

26:28

we assert that the right of privacy

26:31

is broad enough to encompass a woman's

26:33

decision whether or not to terminate

26:35

her pregnancy. Fantastical?

26:41

What do you just think? Did I hear

26:44

that rush?

26:49

It's more than we hoped for, Sarah.

26:54

This we want, my

26:56

God, we want.

26:58

I choose to read opinion from the

27:01

bench to provide immediate information

27:03

to those state legislators still

27:05

in session who might want to

27:07

begin revising or appealing their

27:10

laws.

27:11

It is so ordered.

27:17

It's an unmitigated victory for the

27:19

freedom of choice and the triumph

27:22

of principle over partisan politics,

27:25

Justices Marshall, Stuart Brennan,

27:28

Douglas Powell, and Chief Justice

27:30

Warren Berger all joining with

27:32

Justice Harry Blackman in the majority.

27:35

It appears that the lead attorney, Sarah

27:37

Weddington, who was already the youngest

27:39

woman ever to argue before the Supreme

27:41

Court, has just become the youngest

27:44

person ever to win year.

27:46

Given that it was her very first case

27:49

and she had apparently never even been inside

27:51

a courtroom before, It's an astonishing

27:54

feat and a record likely to

27:57

stand for some time. With

27:59

partisan politics encroaching

28:01

more and more into the nation's hallooed

28:03

institutions, perhaps Ms

28:05

Weddington's record will persist

28:07

even longer than today's decision

28:10

will stand.

28:23

Supreme. The Battle Farrow from

28:26

iHeart Podcasts, created

28:28

and written by Aaron Tracy, directed

28:31

by Rachel Winter, starring Maya Hawk,

28:33

William h. Macy, and Abigail Breslin,

28:36

also featuring Laura Bonanti

28:38

as b Andrea Savage as deb

28:41

William Fickner as Warren Felicity

28:43

Huffman as Dottie, Garrett Hedlund

28:46

as Ron, Sophia Macy as Sally,

28:48

Veronica Slowakowska as Susie

28:51

Charlie B. Foster as Charlie, Peter

28:53

Oldring as j Floyd, Luke Kirby

28:56

as Roy Lacrisia Brown as Grace

28:58

Kim Yancy Moore as Wanda, Megan

29:01

Grant as Polly Jin Colella as

29:03

Annette Tearsa Mans as Doctor

29:06

Kaplan, Ashley as Q as Katie,

29:08

Aaron Cavitt as Mikey, Joe

29:10

Costa as Justice Thurgood Marshall,

29:13

Ryan Beale as Sam Josh Hamilton

29:16

as Reverend Wriggle, Aaron Tracy

29:18

as Justice Brennan, Sam

29:20

Stump as Justice Powell, Richard

29:23

Newman as Justice Stewart, Bill

29:25

Moundy as Justice White, Jacob

29:28

Vonichael as George, James

29:30

Naughton as Representative Simmons, Chris

29:33

Redman as FBI Agent Ambler,

29:35

and Katie Couric as the Reporter. Additional

29:39

performances by Dante Bonner,

29:42

Mark Chavez, Andrew Barber,

29:44

Samuel Farnsworth, s a Ottowell,

29:47

Amy Good Murphy, Kira Naughton,

29:50

Paul Teduskiny, Karen Foreman,

29:53

Sarah Ericksson, Barbara Pollard,

29:56

Mattie Kelly, Melanie Harrison, Suzanne

29:58

pot Rock, David carl Christine

30:02

Borderlin, Angela Gallanapolis,

30:04

Sabrina Brathwaite, Katie Jensen,

30:07

Katie Lore, Pat Kelly and

30:10

Max Collins. Executive produced

30:12

by Eva Longoria, Ben Spector,

30:15

Rachel Winter and Aaron Tracy, as

30:18

well as Katrina Norvell and Emma Stump

30:20

from iHeart produced

30:22

by Kelly and Kelly. Executive producers

30:24

for Kelly and Kelly are Chris Kelly, Lauren

30:27

Berkovich and Pat Kelly. Produced

30:30

by Tamara Black for Kelly and Kelly.

30:32

Director of Audio Chris Kelly.

30:35

Original score by Hamilton Leitthhauser

30:38

and Anna Stump. Sound

30:40

designed by Paul TEDUSKINI edited

30:43

by Max Collins. Narration

30:45

by Lucritia Brown. For

30:47

a full list of credits, please see show notes.

30:53

This is a production of Unbelievable

30:56

Entertainment in partnership with

30:58

iHeartRadio.