Previously on The West Wing:
Nobody's happy you lost Carrick.
I have to take you out to the woodshed and whack you with a two-by-four.
Claudia Jean, usually it takes an hour to hate me and everything I stand for.
Is Angela Blake taking over Legislative Affairs?
I'm trying to get through the week.
Did you hear about the chief justice?
He was presiding at a moot court competition at NYU.
Thought he was at the Supreme Court.
- We can't start another New Deal. - How about fighting for the old one...
...instead of haggling with Republicans over how much to cut?
You know what this is? It's Korematsu. The mood is Korematsu.
Come on, they're systematically targeting...
You're saying there's no compelling government interest?
There's gotta be a less discriminatory way to pursue it...
...than frisking every Tom, Dick and Hamid.
I'll bet you a pickle that Tom's not an Arab name.
It's Korematsu all over again.
There's a reason Korematsu's never been overturned.
Okay, you're defending Japanese internment?
Next you're gonna tell me Dred Scott got lost looking for I-95.
- It's a loaded gun. - Not this again.
Lisa, the Korematsu case is a loaded gun, just waiting...
...for some martial-law-loving solicitor general...
He's right. He's right. It's a dangerous precedent.
- Are you gonna finish your chips? - Salt and vinegar. I wanna live to 30.
So the court shouldn't consider the potential for sabotage...
...a compelling governmental interest?
It was after Pearl Harbor. You could argue it was for their own safety.
Let's put you in a stockade, then. It's a jungle out there.
- Matt, sir? - I have to do the subcite...
...before class...
...finish my con law reading.
I'm sorry, sir. I don't....
They're ready, Mr. Chief Justice.
Do you need help with that, sir?
- Oh, God. - Helen, call an ambulance.
- Sir? Sir? - Is he all right?
- Helen, call an ambulance! - Okay, here it is.
"Chief Justice Roy Ashland need not be enlarged in death...
...beyond what he was in life: an idealist, not an icon...
...a man, not a monument, a believer in the irreducible power of the law...
- ... to shape our society. " - Be careful about saying "man. "
- Why, because...? Come on. - You'd be surprised. I get letters.
Fine, "human being," then. Or do the other mammals complain?
- Hey. - Who said you could come in here?
- It's all right, I'm over the flu. - You had the flu?
Are we talking about replacements for Ashland?
Grandin, Keith and Toland. And no, we're not talking about it.
If the vice president had a few names not to talk about...
...where would he offer not...? Never mind. I can guess.
- Counsel's office. - Leaving now.
- He had another researcher quit. - What is that...?
- Third since you left. - Let me guess.
She was turned off by the vow of poverty?
- Flowers say, "I'm sorry. " - Leave.
You seem happy.
- Excuse me? - Happy. You know...
...the sensation fellow mammalians occasionally experience?
Haffley's treating the discretionary budget like a chew toy.
We're about to cave on tax cuts for billionaires...
...and who the hell knows what else Angela Blake is giving away in there.
But you know what? We're gonna appoint a new chief justice.
Breathe new life into the Constitution. The last five guys didn't get to do it.
We'll shape the future of jurisprudence...
...the laws that sustain our society...
...or shove somebody in there to strike down...
...these awful laws Republicans are passing.
- Hey. Sorry, but there's news... - Enough already.
Buffalo Bob's not picking the next chief justice.
Neither's the president. Ashland regained consciousness.
Seems it was only exhaustion, and his doctors say he'll make a full recovery.
I wouldn't characterize this as a crisis or a breakdown.
Here's other things it's not: a showdown, a stalemate...
... a standoff or a textbook example of partisan gridlock.
Donna?
The president has full faith in the negotiation team...
Do we have any pills left from that naval doctor?
- Admiral Feelgood? - The cold and sinus stuff.
The ones that made you sing "Bye-bye, Miss American Pie"?
It was Harry Chapin. Those big blue things.
Bet you looked cute when the airmen had to carry you off of Air Force One.
- C.J.'s making that up. - I've got some echinacea.
Nothing natural. I need the industrial-strength...
...full-throttle, Roto-Rooter stuff.
- Bartram from The Times called. - About what?
- Budget stalemate. - I don't know anything.
That's what I told him. I mean, not exactly. I said you're busy...
...with things and can't do press calls.
Didn't it occur to you to say I was in the Oval?
I said you're working on the trip to Japan.
You're only supposed to take one. Stay away from heavy machinery.
Fortunately, Pa and I brought in the winter wheat yesterday.
I don't have to operate the combine.
- What if we don't get a budget deal? - We get another continuing resolution.
Here's what I don't get. We take these budget extensions...
- ... like the dog ate our homework. - The Republican majority. Close.
People aren't outraged? They can't take endless amounts of time to finish work.
You forget the beauty of the federal budget process.
- No one understands it. - Yeah.
The speaker's in front of a lot microphones. I got a call...
- ... from Mel Garber, a producer for ABC. - Did you take the call?
- I didn't know who he was. - He works for Diane Mathers.
Yeah. He wanted to know about my statement...
...to the Secret Service during Zoey's kidnapping.
Hey, C.J., senior staff in two.
The ecstasy? Did you talk to him about it?
Of course not. I took the guy's name very politely and hung up very politely.
- What was I to do? - You did the right thing.
- What do I do now? - Nothing. I've got it. Thanks, Charlie.
- He's not returning the president's calls? - He's in intensive care.
- I don't think they have phones in there. - Intensive care?
- CNN said it was exhaustion. - Yeah.
- So how do we know he's not...? - We don't.
- He's 84. - So? My grandfather lived to be 90.
My grandfather lived to be 96, but the last 20 years...
...he thought the Habsburgs still lived in Vienna.
How long before this gets dangerous, Leo?
Before we've got a cadaver ruling on when life begins?
We're talking about an ally of the president's.
We're talking about an empty robe. I don't like this any more than you do.
If Roy Ashland were a religion, I'd convert.
But what happens if we wait until he's senile or ends up in a coma?
Then what?
We go to a Republican Congress to impeach? Haffley will never do that.
He'll leave Ashland on a respirator until one of them...
...wears the Windbreaker on Air Force One.
- How are budget negotiations going? - They were there until midnight.
- Back this morning at 6. - And?
Apparently, they're closer on maritime subsidies.
- Is she in over her head? - It was a mess.
Angela's gonna make the best deal she can and get us out in one piece.
If the chief justice won't take calls, maybe we need to send someone.
What, just show up with a bunch of balloons and peanut brittle?
- It's time to get Ashland off the bench. - There's a thing called the Constitution.
It's a nagging little document, but....
What's this about you breaking somebody's coffee mug?
- What? - Personnel says...
...another one of your researchers quit, that you broke her mug.
It was a ceramic hippo.
It got in the way of a misfiled copy of the Congressional Record I was...
- Refiling with your throwing arm? - Can we get back to the chief justice?
What is this, the fourth researcher this month?
- Third. - Leo, he's ready for you.
Stop breaking things.
I don't need the victims of Hippogate filing class-action suits.
It's gonna be a brisk 42 tomorrow.
Time to break out that Irish fishing sweater...
...C.J. says makes me look like an Irish fisherman.
- Oh, no. - I'm past the infectious stage.
Excuse me, sir, if I may. This Diane Mathers interview...
- You still have a problem? - Yes, I do.
- Abbey thinks it'll be fine. I think so too. - Yes, sir, but...
- Where's Angela, Leo? - They were here most of the night...
- ... came back this morning. - She knew this was at 10?
- She'll be here in a minute. - What else?
The chief justice still isn't returning calls.
I tried him a couple times. They're saying it was exhaustion?
Yes, sir. But we can't get anyone to confirm it.
His doctors are referring us to his office.
Roy was a great friend, a great man.
If his medical condition prevents him from performing his duties as...
He's the best judge of his capacities.
Sorry. I took this sinus stuff. I think I just lost the hearing in my left...
- Oh, for God... Bless you. - It's all right. I'm not getting it.
- I'm getting over it. - I'm over it.
- Sorry to be late, sir. - So where are we?
Very close. Fifty billion.
But the speaker will only give us the college-tuition tax deduction...
...if we reduce capital-gains taxes by 50 percent...
...and accept a 10-percent corporate rate cut in our stimulus plan.
Mr. President, I know this is painful, but if we offer to drop deductible tuition...
...we can get them to leave our stimulus...
- Excuse me? What are we talking about? - The proposed deduction.
When was tuition put on the table?
It was one of our centerpieces of our re-elect.
Josh, you're just gonna sit there?
You gotta trust the person in the room.
- Can we do this, Angela? - Yes, sir.
Without the deficit topping 200 billion?
Then everything else is on the table. Thanks, everyone, that's it.
Two-hundred-billion-dollar deficit, and Haffley wants tax cuts.
Take away a few zeros, and he'd pass for a mob accountant.
Mr. President, I don't think Zoey should do the interview.
The Diane Mathers thing?
Charlie got a call from Mathers' producers.
They've got his statement about Zoey considering taking ecstasy.
And they might have Jean Paul telling his story.
- Abbey thinks Zoey can handle it. - Diane Mathers is very good at her job.
Sir, if you won't let me cancel it, at least let me go up there...
...and make sure she's prepared. Run some interference.
- Take the earliest flight up tomorrow. - Thank you, Mr. President.
If you'd like, you could travel with C.J. We could check with Advance.
And Abbey. Who's gonna check with her?
On the chief justice....
- The chief. Do you think we should try...? - Yeah.
- It's time. - Thank you, sir.
Leo?
Do it delicately.
Josh, you got a second?
I need to get out a counteroffer by this afternoon.
The guys at OMB say you have budget docs...
- ... breakdowns, revenue forecasts? - We started months ago.
Be good if I could get it and borrow a body to help me slog through it.
I've got the governors coming in on emissions standards, the Japan trip...
OMB said that somebody named Donna knows the docs inside out.
I'd owe you a swordfish steak at Kinkead's.
- Donna Moss, okay. Sure. - You're a prince.
You're looking for me?
Labor-H folks are waiting in the Roosevelt Room.
Deductible tuition? What's next?
We'll save a few bucks if we shuttered the East Wing...
...turned the South Lawn into a garage sale.
We're looking at our third CR.
Two months from now, no one will give a damn...
- ... about continuing resolutions. - You wanted more responsibility.
- What about it? - The chief justice.
The president knows it's time.
It's not so simple.
That's why I'm giving it to you.
- We can't force him to resign. - Yeah. No, we can't.
Hey, Joe.
- Hey, Toby. How you been? - Good. You?
- Fine. - You used to clerk for the chief justice.
- That's interesting. - Is it?
- I don't know. If you find it interesting. - I've never heard you mention it.
The guys with two-bit appellate clerkships staple it to their foreheads.
- I can't do it, Toby. - You haven't heard what I'm gonna say.
- You want me to get him to resign. - I didn't say that.
You've got a limited amount of time to pick the next guy...
...and confirm him before the midterms politicize everything.
But I work for you. It's a question of propriety.
- I see. - Do you?
The White House can't pressure a Supreme Court justice...
...to change his breakfast order, let alone resign. Separation of powers.
I see.
You say that, but in a way that makes me wonder if you really do.
The president sets the direction of the court.
- He sets it when there's a vacancy. - Don't ask him to resign...
...only to sit down with the president.
You're talking about a guy that stood up to six administrations, 22 Congresses...
...and had half the country ready to lynch him.
You think a former clerk can pry him loose?
I've got a meeting at the OEOB.
What am I, chattel?
There's a request for everything on the budget from Angela Blake's office.
Yeah, I authorized it.
- You did? - Yeah.
They've also asked me to go with the files.
A living index, if you will, for Angela Blake.
We can call her Angela now.
- You authorize that too? - Sure.
- Hamurashi ever get the specifics to us? - On the trade bill? Right here.
The NEC chair can brief in my place on budget negotiations.
I need HHS Public Affairs, DPC, Toby and Will to walk him through...
...the talking points, any key developments on the Hill.
I have to phone AP and the Post. Hey, Charlie.
I'm playing catch-up for leaking that exclusive...
...on DOD Approps to The Times.
- Carol? - She's not out here.
I was just talking to her.
I didn't know if I'd see you before you left.
- Give this to Zoey. - I love Macy Gray.
Zoey's been in a solo, whispery, female acoustic rut right now.
I want to get her into something with drums.
- How about some John Philip Sousa? - Drums, but not so much the batons.
My mom used to watch Diane Mathers all the time.
When she had that talk show. She seemed nice, sympathetic, sincere.
This is a woman who gets dictators to cry, talk about their love of puppies...
...confess they had concentration camps built...
...because they couldn't get dates.
- Zoey's gonna be fine, you know. - So everyone keeps saying.
The president hasn't changed his mind about coming?
- No. - I thought he would in the end.
- They came up with it in a bar? - It was that or the hops deduction.
There was this guy named Matt Kelley, and he was making $55,000 a year.
- His daughter got into Notre Dame. - So?
So the Move-It-to-Bermuda Corporation gets a deduction when they buy off...
...their C.E.O. for $ 100 million.
Why not pass a break for guys like Matt?
- You don't think so? - If his daughter needed braces...
...would Josh and Toby have come up with a plan for universal orthodontia?
- Not a chance, huh? - We can still get tax-deductible tuition.
We can get a lot of things. Gotta get them to give it, that's all.
How do you think we're doing?
- Me? I'm not... - You're an American.
You pay taxes, consume government services.
I think...
...our side's done a bad job explaining why what we're fighting for is important.
It's not about abstract programs and endless acronyms...
...but real things that affect real people...
...like affording college.
You talk to Josh about that?
- We both going to the ONDCP briefing? - No, we're going in here.
Gee, Toby, people are gonna talk.
I'm...
...curious.
It wouldn't be for the obvious reason, would it?
- What's the obvious reason? - You're a conservative.
Maybe you'd love to see him stay on the bench, a liberal icon...
...reduced to a quivering mass of octogenarian confusion...
...hanging on till he can be replaced by a paleo-Republican.
Constitution's a living document.
You stick to it like it's a boilerplate lease.
You don't know what you're talking about.
Every year he likes to hire a conservative clerk to argue with.
And arguing with him helped me clarify the things I believe in.
One of those things is an independent court, above party or interest.
He has memory lapses, drifts during oral arguments.
The associate justices are already postponing decisions...
...holding over important cases...
...going behind his back to assign opinions.
- You don't know that. - Yeah, I do.
There's no one else left, Joe. He's outlived his wife.
His son shot down over Hanoi.
- It's just his clerks. Clerks like you. - You can't do anything.
Let's go over there together. Right now, you and me.
- To the hospital? - He'll see you.
You tell me he's okay, and I'll call off the vultures.
Hey, Lisa. You catch the night shift?
Six to midnight.
Steve's coming in to handle the overnights.
This is Toby Ziegler. Toby, this is Lisa Zimmer...
...one of the justice's clerks.
Sure, I've seen you on Crossfire.
I hope you won't be offended, but we're keeping it to family only.
You know, friends, colleagues.
I just came along to keep Joe company. I saw a coffee cart down in the lobby.
- You want anything? - I'm good.
Lisa?
I'll be downstairs when you're done.
So....
I don't know what they've told you, but he always bounces back.
Joe.
He always does.
Sir?
Mr. Chief Justice?
- Joe? - I gave him the president's regards.
And what did he say? How is he? Was he coherent?
You know why I didn't want it to spread that I used to clerk for him?
Because I knew someday somebody like you...
...would come ask me to do something like this.
- So he's all right? - You guys.
You think it's all a game.
You treat the court like it's Tammany Hall gone national.
Your side does it better? Pushing neoconservatives...
...hoping they don't grow a conscience or an understanding of jurisprudence?
Maybe we could all do it better.
But there is such a thing called judicial independence. A lifetime appointment.
He's still alive, so he gets to decide when it's time.
What did he say?
Or can he even speak?
He's fine, Toby.
He was up...
...joking.
He'll be back in chambers in a couple of days.
Hey, how you feeling?
Good.
The president's Osaka remarks on opening Japan's microchip market...
...and complaining about autos and flat glass.
Flat glass. Excellent.
It's a new thing I'm doing. A positive-attitude thing.
Just seeing if you need anything. Donna's helping Angela.
- Still? - The negotiations went late, after 2.
They're due to resume in about 20 minutes.
Donna's in the budget negotiations?
- I guess. - Outstanding.
How's it going?
I think I'm coming down with something.
I'm sorry.
You say that, but in a way that makes me wonder if you really are.
I can still feel it, you know?
The first time I ever got called into his office...
...and yelled at about something he'd read in my law review note.
He'd read my law review note.
And all I could think was, "This is the guy. "
He's why a cop has to read a criminal his rights.
He's why a couple of mixed race can get married in the state of Texas.
I spent three nights as a One-L...
...trying to pick apart his Baines v. U.S. Steel.
I couldn't do it.
I was in a room with Ashland once.
I was a student at City College.
The Student Organizing Committee got him to give a speech...
...on the history of voting rights.
We were hanging from the rafters.
I talked to him afterward. I mean, he wouldn't remember me.
But I spent the next six weeks organizing a voter registration drive...
...for Bed-Stuy and Bensonhurst.
You know when you go out West, how they say:
"Don't miss the Grand Canyon. It's one of the few things in life...
...when you actually see it, it doesn't disappoint"?
That's Roy Ashland.
He was unconscious last night.
Never came out of it. Never said a word.
I don't wanna see him gone, Joe.
I want nine Ashlands on the court.
I just....
I just wish he was 40 years younger.
Diane likes to keep things warm, casual.
She'll try and zing you with some indirect attribution like, "People say"...
- ... or, "There's a rumor that.... " - For example?
There's a rumor that you're seeing a therapist.
- You don't have to answer. - If you don't answer...
...she'll wait like a forgiving, compassionate cross...
...between the Virgin Mary and a schnauzer.
- It's nobody's business... - Mom, I wanna answer.
- Yes, I'm seeing a therapist. - Okay.
I couldn't have dealt with this completely on my own.
I've had lots of support from friends and family, but I also needed help.
I've gotten some, and it's...
- ... you know, been good. - The help's helped.
Great. I'll use that. Thanks.
Zoey, we need to take a moment and talk about that night at the club...
...with Jean Paul. Had you agreed to take drugs?
Excuse me.
What's going on?
We had a bit of a breakdown, if breakdown is the word.
- Works for me. - What happened?
They don't wanna deal. The capital gains cut...
They came back and said it was not negotiable.
- They even wanna make it bigger. - So, what now?
Another continuing resolution, till Christmas this time.
You let it drag on that long, they'll try to defund the yule log.
It gets better. They won't continue funding.
They want a cut on everything but Defense and Homeland Security.
How could this happen? No, Leo, how is this acceptable?
You take this to the president, you know what he'll say?
He'll say yes. To keep the lights on.
To make sure government employees keep getting paid. It's two months.
This isn't governing. It's duck-and-cover.
He'll say that too.
- At least be.... - What?
- I don't know, embarrassed. - It wasn't her.
What?
You know the hand she was dealt.
You saying it was me?
No, I'm saying we won in a landslide but we didn't take Congress with us.
Now we're not taking the country with us, and the other guys know it.
I've gotta get back to work.
It's nice when you make new friends.
All this time she's been fighting for you.
For your plan to send everyone to college.
It's not a bad plan.
They didn't think so either. They wanted to go with it.
Run ads, they voted for it. But we'd have had to squeeze Medicaid, the EITC.
Poor people paying for college and Wall Street.
I don't think Jed Bartlet would sign off on that.
I got you till Christmas.
Sir?
Mr. Quincy.
Back to argue Mimoud v. Transportation Security?
Suspect class, strict scrutiny.
No, no, no. You work for the president now.
- It'd be ex parte. - I'm glad to see you're doing better, sir.
This just a social visit?
No, sir, it's not.
The president sent you?
Yes, sir, he did.
I think it's time we called each other by our first names...
...Joe...
- ... don't you? - Yes, sir...
...Mr. Chief Justice.
Now what?
Another continuing resolution to take us through the holidays.
So now we won't have a budget until we're up against the State of the Union?
- Anything on Ashland? - He's coming over to see the president.
- When? - Now.
- You're kidding. - I just got off the phone with Joe.
President's ready.
Well, that's great.
Leo?
We gave away college tuition for nothing.
Good work on the chief justice.
I don't think anyone should try and go through something like this alone.
And has it helped?
Yes.
The help's helped.
A lot.
- I think we can all see that. - Good. I'm glad.
Zoey...
...I know this will be difficult...
...but what happened that night at the club with Jean Paul and the ecstasy?
- Now, he says that you... - I know what he says.
- You sound angry. - I am angry.
The only thing I can do, the only thing any of us can do...
...is tell the truth about what happened to us and try to find a way to live...
...with the shame and self-doubt that comes from having trusted someone...
...who then betrayed you.
Is there anything you'd like to say to Jean Paul?
Oh, no.
- How much longer? - She'll be wrapping up.
- That was her big gun. - Thank you. She did well.
- You did an excellent job. - You too.
It's what she needed, time up here.
I meant you've raised a remarkable young woman.
She was always Jed's little girl.
Mrs. Bartlet...
...may I say we miss you.
That's very kind.
Please don't be offended if I say I don't miss you.
It's been very busy. The budget, Japan in a few weeks...
...and the chief justice and....
We get newspapers up here, C.J.
You don't have to apologize for him not coming.
I asked him not to.
He's getting off the phone with his daughter.
I'll let him know you're here, sir.
Please.
No, no.
I can walk.
Mr. Chief Justice.
- Thank you. - I didn't do it for you.
Chief.
My God, Jed. You look terrible.
Yes, well, there's something going around.
I'm glad to see you doing so well, sir.
- Are you? - Yes, I am.
Can you do it?
I don't want to.
But if it's time, if your condition warrants....
Who would you get to replace me?
I'd hope to consult with you.
- Holmes. - Holmes?
Oliver Wendell. Marshall. John or Thurgood, either one.
I want Brandeis, Blackmun, Douglas.
But you can't get them, can you? Because it's all compromises now.
The ones who have no record of scholarship.
No body of opinions, nothing you can hold them to.
That's who they'll confirm. Raging mediocrities.
The other eight are preparing to take it away from you, Roy.
Holding over cases, the major decisions.
How long can the country wait?
My clerks are preparing a brief.
There's an Arab-American man, Mimoud.
Grabbed out of a line at the airport.
What's next? Tribunals? Identity cards?
- Bar codes tattooed on our forearms? - Then give me a name.
Daniel Robinov, New York State Supreme Court.
Susan Bengalli, 9th Circuit....
But they won't confirm them, will they?
I have good days and bad.
But on my worst day, I am better...
...than the amped-up ambulance chasers you could get confirmed by the Senate.
You can't do it, Jed. You're not strong enough.
The speaker's running the table, and I can't take a chance.
They're here.
- They all here? - Yeah.
Go.
- Mr. Speaker, who'd have thought, huh? - Mr. Vice President.
President's finishing up a meeting. He'll be right in.
- Any word on the chief justice? - That's the meeting.
- He's in the White House? - Came straight from his adjustable bed.
Man's a force of nature.
Hello.
- Bob. - Mr. President.
Mr. Speaker, senator.
I want to thank you, Mr. President, on behalf of my colleagues.
None of us think this is a perfect deal.
No one likes to see the sausage made, including the guys who make it...
...but this is an expression of willingness by both sides...
...to keep all avenues open to an eventual resolution.
Yes, thanks, Robert. And thanks for saying it this time.
I think I had to make that little speech the last time around.
Or maybe the time before.
This is our third CR, our third time coming up short. We gotta do better.
People aren't paying us to duck the hard choices.
- Run through the details, Angela? - An act of Congress.
A continuing resolution to extend no later than January 3rd, midnight...
...to include a reduction by 1 percent...
Mr. President? I'm sorry, there's been a change.
I know we talked about a 1-percent cut.
It's gonna have to be 3.
Mr. Speaker, nothing like this was even mentioned, much less...
- Hold on. - I'm sorry we couldn't give more notice.
We just came from our conference and I had significant opposition...
- ... to only 1 percent. - Only 1 percent.
Yes, sir.
We had a deal at 1 percent.
But my members have to go back to their districts...
...explain why we kept the gravy train running...
...with a rising deficit and an economy crying out for tax relief.
It's an economic situation that calls for action, not status quo spending.
Three percent may sound painful, but it's only for two months.
It'll show we're serious.
- What's next? - Sir?
In two months? Five percent? Fifty?
How many rounds do we go, Jeff?
I'm just asking.
There is no next, sir.
I mean, not to get too technical...
...but this government runs out of money at midnight...
...and my guys have gone home.
This is it.
No.
There is no altering this offer, Mr. President.
And I said, no.
Let's be clear, sir.
We cannot...
We will not vote to keep on footing the bill.
You will be held responsible for shutting down the federal government.
Then shut it down.