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Storyline
When a Supreme Court justice retires, President Bartlet has a golden opportunity to impact the court's composition by nominating a favorite judge but when further study reveals the candidate's conflicting ideology, the President might change his mind and opt for another judge. In addition, a headline seeking congressman on the House Government Oversight Committee accuses the White House staff of substance abuse -- a dicey issue for one important member. Written by
Jackson corneille
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Did You Know?
Trivia
Ken Howard plays Judge Peyton Cabot Harrison III, a candidate for the nomination to be Associate Justice of the Supreme Court of the United States, who believes that there is no right to privacy contained in the constitution because it wasn't specifically enumerated. In
1776 he played Thomas Jefferson who later commented to James Madison (who was concerned that if specific rights where listed, others would be construed not to exist) that "[h]alf a loaf is better than no bread. If we cannot secure all of our rights, let us secure what we can."
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Quotes
President Josiah Bartlet:
You know, I imagine the view from your largely unscrutinized place in history must be very different from mine. But I'd remind you, sir, that I have the following things to negotiate: an opposition Congress, special interests with power beyond belief, and a bitchy media.
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Connections
References
Masterpiece (1971)
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Soundtracks
"West Wing Main Title"
(uncredited)
Written by
W.G. Snuffy Walden
Performed by
Pete Anthony See more »
For those of us hoping constitutional interpretation of the law is a neutral, objective undertaking, it may be discouraging to realize there's a lot of politics in it. That's partly why judges often disagree with each other and write dissents; their politics are different. This episode, which is about President Bartlet's opportunity to nominate a Supreme Court justice, is aware of that. Bartlet's first choice for the job becomes less appealing when the White House learns this judge isn't committed to privacy rights. The retiring Supreme Court justice is a liberal and disappointed by Bartlet's moderate politics and his candidate.
Disagreement about whether Bartlet falls short of greatness, as the retiring justice argues, makes for good drama; the two men compare Bartlet to Harry Truman. The issue of privacy rights is good drama too since it deals with a fundamental freedom that is still hotly debated. And then there's Leo, who's a great character. We learn that in addition to alcoholism he may have once been hooked on drugs; the president and staff are still willing to support him, however. They should. Leo's a great man.
An amusing subplot has CJ getting a goldfish after a miscommunication. Because of this episode, I named one of my own pet goldfish CJ. CJ the fish didn't last long, I'm afraid. Altogether, this is yet another fine episode from The West Wing's first season.