Ep 08: When Harry Met Sarah

Published Aug 9, 2023, 8:00 AM

After two emotional confrontations, Harry begins to make up his mind. 

From iHeart Podcasts. This is Supreme The Battle.

For Row.

Roll against Wayne.

Starring Maya Hawk and William H. Mason.

Whenever We are ready, Mister Chief Justice and Maya played.

The Court episode eight when Harry met Sarah?

What time is it?

Almost midnight?

Charlie?

Should we stay?

And we stayed till the Boss goes home?

This will be the fourth all night of this week. I need to sleep.

All right, you go home? Then, seriously you should sleep.

What research is he on now? He had me find translations of ancient Greek texts on medical ethics yesterday.

I know it's bad.

Is he any closer to deciding which way he's voting?

At least?

Don't so? The spotlight's paralyzing him.

Blackman shouldn't even be writing this opinion?

Yeah, no, kidding. You don't think he knows that with.

The screwed up way that Chief assigned it, half the country is going to lose their minds whichever way he comes down.

Oh, you know the only thing that'll piss the country off more? What if there's no decision at all.

Dottie, I'm trying to get some sleep.

I can see that. Ary, then let me be that I can't do my love.

Why do you insist on torturing.

Me, Harry.

We've been married for thirty years and I've never seen you sleep past eight am.

And it's eleven morning or night.

Harry, I'm joking, Dottie, Honey, I'm worried.

The girls are too, don't involve them. But there's nothing to worry about.

Dear Harry.

What's left of your hair has gone totally. The bags under your eyes look too big for carry on. You're up in the middle of the night every night, when you're even home, pacing like a vampire. And that for the melodrama, Dottie, Oh yeah, and you're lashing out at your loved ones.

Come come here, sit down please. I'm just trying to find some balanced sweetheart. I'm sorry, balance for what? How in the hell did I find myself in the position of being responsible for the rights of every woman's body for the foreseeable future.

How on earth did that happen?

Don't give me that, Harry.

Don't give you what the woe is me.

I'm just a poor boy from Dayton's Bluff and I tripped and fell into being one of the most powerful men in the nation. It won't work on me. You're more ambitious than you like to admit, Harry Blackman, Dottie.

If I'd grown up anywhere else and my childhood best friend hadn't become Chief Justice, do you think there's any chance.

In the world le be where I am now?

Yes?

Really, yes, Harry.

My best friend from childhood has been divorced three times and owns a horse ranch in Los Angeles. We all don't just naturally become our best friends. You're on the Supreme Court because it's where you belong, not because of who gave the toast at our wedding.

What do I do? Dot?

You start by making a decision here?

No, No. Once I do that, the real trouble begins.

The language and guidelines are maddening to work out. If we strike down the law, do we make it legal in just the first month? First two months the date of viability?

Somehow? The choice is entirely up to me.

Would you rather someone else be deciding?

Be honest?

Who else would you trust to put in as much time and research and real deliberation into this as you?

Their good told me a story horror story in baker Vy car Are a few years ago. The opinion was assigned to Charles Whittaker. Justice Whittaker found making a decision in the case so tormenting that he had a nervous breakdown. They had to hospitalize him in a mental asylum. He couldn't even attend the final vote. He resigned from the court right after the decision. The case literally drove him to the madhouse, Dottie, And that was a case about redistricting.

Harry, you would love a stay in a mental asylum, getting to sit in rocking chairs and read your books all day.

That'd be a vacation for you.

It does sound pleasant, doesn't it.

Forget it. I'm not Justice Whittaker's wife. I'm Justice Blackman's Now get up and get dressed. Stop feeling sorry for yourself, and I'll warm up your breakfast. And remember, Warren could have assigned this decision to anyone. He chose you. You're the one he knows can win people to your side.

I wonder if that's the real reason, Harry. They're good like the tennis shoes.

Oh yes, I thought I'd go for a walk clear my mind. One of my clerks suggested I keep a pair in my chambers closet.

Where's the draft, Harry?

It's coming their good, it's still in process, and what exactly does that mean?

You'll have it soon now?

If I want to get to the Lincoln Memorial and back before conference, I need to.

I've only been on the bench a handful of years, Harry, but I've argued thirty two cases here as a lawyer.

I'm well aware.

Good, then maybe you'll give credence to what I'm telling you. This isn't like handing in your homework late in school, Harry. I know that because women are dying while you're dragging your feet.

You understand me.

You're out of line, the good.

Working inside the lines. It's never been my strong suit, and you need a kick in the ass.

I'll have a draft soon.

You never should have been assigned the decision in the first place, Harry. That's not a knock on you. It's just a fact. Don't exacerbate it.

I thought we'd have the soup you like tonight. Ron, the store finally got those croutons, all right? How's the table coming together?

All right?

Stimulating as always?

Ron, who's that well?

Don't sound so startled, Probably just want to wanting to borrow a vase.

Just be careful, Sarah.

It could be one of those crazies.

Hi is Sarah?

Get over here. Ron, it's definitely one of the crazies. What sorry, inside joke, George, what are you doing here? Get in this house? Look who's here?

Rong?

You didn't tell me George was coming by.

I didn't know.

Hey George, great to see you doing a little construction. Ron.

Oh, just making a table. Wait to occupy myself. I hope I'm not disturbing. I called, but couldn't get through.

That's my fault. I was on with Mama for an hour this morning. I don't think I've seen you since Ron's campaign a couple of years ago.

George, literally not since the concession speech. I still blame myself for that one.

Ron.

You should be state reping able right now. Lord knows you'd be heading shoulders better than the boy that got in there.

You can say that again. But it's not your fault, George. You did a hell of a job as a campaign manager.

I've been following your career pretty closely, Sarah. Congratulations on your case.

Oh stop, I haven't won anything yet.

That's not true. You won in Dallas. Say when is the Supreme Court announcing his.

Decision, supposed to be a month ago. At this point, your guess is as good as mine. I call over there all the time, but they won't tell me what the hold up is. No one seems to know.

Hey, Sarah Hunt, you want to fix George and me some snacks and coffee? We can sit in the living room.

George, Oh no, that's not necessary.

Run.

Don't be silly happy to what can I make you sandwiches?

Sarah? Really, you don't need to bring anything? Which just sound great?

Hun, So what do you think, George want me to take another run in the election? I got a lot of ideas about what I do different this guy?

Actually, Ron, I was hoping I.

Could which race we even talking about. I appreciate your confidence, but I don't think I have a prayer to be Maxwell. Nobody does.

We actually have our eyes on the State House? Ron?

Really here in Dallas, isn't that wonderful? Well that's quite a You think I have the profile for that?

Well, I'm actually here to talk to Sarah.

About it me. Oh okay, how about it, Sarah?

You want me to run for the state House? Ron is the one you should be talking to.

You've garnered some serious attention from your case, Sarah, the youngest woman ever arguing in the Supreme.

Court, youngest person.

Actually, I think you have a real shot and I like to run campaign. Well, i'll be I'll take some of that coffee, Sarah. Let's go out back on the porch chat about it.

You don't mind, do you run?

No? No, I guess all right.

Let's talk. Oh, Ron, do you mind stopping that kettle from whistling? Thanks?

Dear, sure thing, Sarah, sure thing.

What have you got for us there, Charlie.

It's Justice Blackman's first draft.

Sir, first draft of What Warre in Peace? It's five hundred pages.

He knows it's on alongside your runner. This has gotta be a joke.

No, I don't believe it is. Bill Blackman is paralyzed forty pages of discourse on the history of abortion, a five hundred page decision, and I can't find the decision.

And I believe that may be the point. Charlie, come on in here, you drop the copies off.

Just it, sir, all the justices now have it?

Excellent? Excellent? Any initial responses? Come on, let's have it.

Justice Blackman candidly, I don't think we're going to get the responses that you're hoping for.

And what exactly is their problem?

The other justices expect a decision on the constitutionality of abortion, Sir, the crux of Missus Whittington's argument, Well.

They'll get it.

This draft is merely a jumping off point to begin more discussion.

Sir. I think that might have been acceptable to them a month or two ago.

But at this point, what exactly are my colleagues saying, Sir?

I no longer think this is a legal issue.

What on earth does that mean?

It's a political one. It's about us winning votes.

You sound like a certain Chief Justice, Sir.

Justice Marshall is threatening to go public with what he sees as an unfair process.

What on earth are you talking about?

Justice Douglas, is deemed that the Chief assigned the decision to you, Marshall, Greece.

An internal disagreement and the Supreme.

Court has never been aired publicly before. No, sir, it's a bluff maybe, But word around here is that Marshall instructed his clerks to leak a memo to the Post if your decision isn't brought about soon, damn it. If I may, your honor, we need to take a stand. Whichever way you're going to come down on the issue. The important thing.

Is to act, Charlie.

Do you know what the first line of the decision will be, Sir, the decision it will begin, Blackman. H Delivering the opinion time is not the most important factor, Charlie. Getting it right is to the country at large. I will appear responsible.

Your honor.

You look a little green, sir, Oh, just as Marshall. Hello, Justice Blackman is occupied at the moment, your.

Honor, Yes, I can hear that, Charlie. Leave me with him, Yes, your honor, Harry, it's third. Good, come on out here.

You all right, Harry, not particularly no, I gather you don't think much of my draft.

You know why, because I told you to write a decision, Harry, and what you wrote is a question. When I first came to court, Justice black gave me a little advice. He told me to never display agony in public. Always present as if the answer is obvious and clear. The public should know that decisions which affect their lives could often just as easily come down the other way. It's not as if I don't understand your predicament, Harry.

No offense.

They're good, but unless you're sitting where I am, let me take a shot.

Nixon specifically chose you for the seat because you were supposed to be uncontroversial after his first two nominees were rejected. And now your pal the Chief has ensured that whichever way we come down on this issue, you're going to be one of the most controversial men in the country, maybe in the country's whole history.

That about it and about sums it up.

You know, here's the thing, Harry, half asking the decision is not the way out.

Half asking.

This must be one of the most well researched, well thought out drafts written here since Wendell Holmesy.

No one's accusing you of not doing your homework, Harry. We know you're brilliant, we know you're working hard, but your draft doesn't address the core issues.

All due respect, they're good.

The hell it doesn't all the social and religious approach, every one of them.

And the medical and legal approaches going back to ancient times. We don't need a history lesson, Harry, We need a conclusion. Your draft doesn't take a stand, but how could it when all due respect. You're a tough, comfy away in the chief's pocket.

Are you trying to get a rise out of me?

Hell?

Yes, I'm trying to get you to stand for something.

Man, Now go to it.

What are you doing out here?

It's four in the morning.

There rerun in the late show Mary's on. Remember that one Ernest borgnine, Betsy Blair.

You become a worse and sony act than me.

Have some t careful it's hot, he slept it all. How the hell can I sleep wrong? No one will tell me anything. The decision was supposed to come down months ago. It keeps getting delayed and delayed, and I have no idea why.

It means you gave them a lot to chew on run.

When I asked you how I did, never mind?

No what.

When I asked you afterwards how I did in court? You said you would have given me a B plus.

And I would have.

A B plus is an excellent mark in law school.

You know that?

Okay, Okay, I just I feel like I can't move on with my life until we have a decision. I gotta see it settled.

You give any more thought to running the campaign?

I don't know. I don't think I'm cut out for politics. Run.

It's not my nature, of course, it is. Everybody loves you, Sarah. Besides, you're a famous attorney. Now take advantage.

Would you like a wife who's a state rev.

Honestly, probably easier for me than you being a lawyer. Every firm I interview with just wants to hear about you, like they.

Don't even know how big a role I played in Row.

I really am sorry about that.

Run.

I know you probably don't believe me, but.

I am oh sorry for what all of it for.

You not getting the credit you deserve, For the time and energy I had to put into taking care of the case instead of taking care of you, the money problems it caused us, the death threats, losing our friends. You are a truly good man for putting up with it all.

Wrong, Sarah.

I got a call last week from Sissy Farenthold.

Cissy what she wants.

She wants me to come work on her campaign. She has a real shot at the governor's chap after the scandal in Sharpstown.

You're right, she does.

It's a paid position.

Sarah, sounds too good to pass up.

We agreed to stay married as long as we were both happy, Sarah.

That's true.

We did come to bed soon, okay, Harry, Yeah, I'm awake.

You slept through dinner again.

I know I'm drowning, Doddie.

I know it feels that way. I promise you you're not. There's someone here to see you.

Are you feeling all right, Daddy?

Sally? What are you doing here?

She came to talk to you, Harry. I'll leave you to.

Her.

Guy who's been in bed as much as you lately. You don't look very well rested, Daddy.

Forget about me? How you doing? How's school?

Professor Lowe talked about you in class last week?

Do I even want to know?

It wasn't mean.

He was curious why the decision on Roe Wade hasn't come down yet.

That seems to be the question.

We never talked about it, you know about what?

Of course we did. We did nothing but talk for quite some time. What you would have broken the law?

Sally?

Doctor was trustworthy, not some butcher. You could have arranged that with your contacts, couldn't you?

Sally?

I was nineteen, Daddy, I was a sophomore. It was terrifying that I got pregnant. You think I wanted to drop out of school and marry Rick.

But you're back in school now. It all turned out alright in the end.

Only because I had a miscarriage three weeks after the wedding. If I hadn't, Rick and I probably would still be married and miserable. I wanted an abortion, of course.

I didn't, Sally.

Am I supposed to pretend to otherwise?

Why didn't you say anything?

Why didn't I tell my father, the federal judge at the time, that I wanted an abortion?

Fair point.

I came to you and Mom, I told you we were in trouble. When you didn't come back to me with the name of a doctor, I thought. I thought that was your way of saying it wasn't an option.

The effect of inaction?

What nothing? Just something. I seem to be accused of a lot lately. You'll have another husband, Sally, and children.

Stop just stop.

I don't know what to say. I'm sorry, Sally.

I believe you, and I believe in you.

You need to get some rest.

Mom's really worried about you.

I guess I just wanted to tell you that you're going to do great.

And what if I can't decide? What if I'm paralyzed.

When I was procrastinating on some school assignment once you told me that writer's block was a failure of ego. It's not that we can't write, it's that we don't think what we have to say will be particularly interesting to anyone. You have a mother, three daughters, and an amazing wife Daddy. Considering the other candidates, I think the country is really lucky to have you as the one making this decision.

Dotty, what are you doing up?

Well?

How was your chat with Sally enlightening? Where on earth are you going at this hour? Harry one, guess you're going to the courthouse.

Is it even.

Open, Dottie?

They gave me a key. It's time to make a decision. Oh, don't wait up, sweetheart and listen. Thank you, Dotty. I don't say it enough, but none of this would be real without you.

Oh I know.

And you're right.

You don't say it enough. Now go put an end to all this, yes.

Ma'am your honor.

Oh hello, sorry, I didn't mean to startle.

Hello there, I didn't know anyone who was at the courthouse this late.

You're Malcolm, our new records cleric Stephen. Actually, yes, sir, Stephen.

Stephen right, someone told me this is where I could find a copy of the dissents in the Griswold case. Truth be told, I've been wandering around for twenty five minutes looking for this office.

They keep me pretty well hidden, your honor. But those files would actually be in the records room in the basement. Let me get them for you, sir.

Really only because it'd probably take me two weeks. Stephn, locate the records room, not a problem.

Just give me a mat.

Hello, Stephen, No U Stephen just stepped away for a minute.

But this is the court clerk's office, right, yes, yes, it is great. This is Sarah wedding too.

Oh, I see. I'm sure Stephen will return in a Maybe.

You can help me. I'm going a little nutty here. You have been given any indication of when we can expect a decision in roeby Wade.

I'm afraid not. I really should go No, wait.

A second, will you. It's just I've called and talked to Stephen like ten times. He never knows anything either. You know. I actually feel bad for the.

Justices comeing in.

My part's done. Say, it's a hard job.

Now, I hear you gave a very fine performance, Missus Weddington. No matter what happens, you should be proud, Missus Weddington, if you don't mind my asking what's next for you?

Honestly, I don't have a clue. Some people around here have asked me to run for the legislature politics.

Really, I know I.

Know politics, but I'll tell you it's an awfully strange feeling to know that the most important thing I'll ever do in my life is over at twenty six. It's an awfully strange feeling.

You're my daughter's age.

Oh you have a daughter?

I have three.

You're lucky men with daughters. They just understand women more, you know what I mean? Except for Nixon. I don't know why Trician and Julie let him get away with the crabby pulls.

You think they have a say?

Do you?

Are you? Kidds? Any self respecting daughter would be ashamed to have her daddy so poorly trained. But then what do I know? I couldn't even get my father to come watch me. Are you in the Supreme Court?

I'm sorry to hear that he's a.

Minister and you can imagine how he feels about my involvement in all this feels like every day we move further and further away from each other.

My youngest daughter.

Is a hippie and I'll bet you just hate that.

I do, I really really do.

Don't let the girls fool you. They may play it tough like they don't need you. Trust me. It's just next.

I should go.

I'm glad you answered, and Fitness Steven, are you a new clerk?

I'm I.

I wish I had more information for you about your case, Missus Whittington, but.

I think I think soon.

Yeah, yeah, terrific. You take care of those daughters now, and every once in a while, give them a little more credit than you think they deserve. They may just surprise you.

Goodbye, now, goodbye everything all right, Justice Blackman?

Who is that on the phone?

Thank you, Stephen, It was just I should get back to my office.

Here are the files you ask for, your honor. Are they to help you make a decision on the abortion case?

No?

Actually, I believe I've made one. Now the hard part begins.

Supreme The Battle for Row from iHeart Podcasts, created and written by Aaron Tracy, directed by Rachel Winter, starring Maya Hawk, William h Macy and Abigail Breslin, also featuring William Fickner as Warren Felicity Huffman as Dottie, Garrett Hedlund as Ron, Charlie B. Foster Charlie. Executive produced by Eva Longoria, Ben Spector, Rachel Winter and Aaron Tracy, as well as Katrina Norvell and Anna Stump from iHeart Produced by Kelly and Kelly. Executive producers for Kelly and Kelly are Chris Kelly, Lauren Berkovich, and Pat Kelly. Produced by Tamara Black for Kelly and Kelly. Director of Audio Chris Kelly. Original score by Hamilton Leitthhauser and Anna Stump. Sound designed by Paul Teduscini, edited by Max Collins. For a full list of credits, please see show notes.

This is a production of Unbelievable Entertainment in partnership with iHeartRadio

Supreme: The Battle for Roe

At 26 years old, Sarah Weddington stands in a courtroom for the first time in her life and argues th 
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