Josh's efforts to break the deadlock over judicial nominees is brought to a head by the death of a Supreme Court Justice. With the Republicans controlling Congress, the administration's chances of getting a replacement they want appear to be slim. Despite this, Josh and Toby begin back-channel negotiations over a radical scheme which could be exactly what the overly-moderate judicial system needs. Written by
Did You Know?
The case Mulready and Lang are speaking of is U.S. v Lopez, a landmark Supreme Court case in which the Supreme Court ended 50 years of precedents allowing Congress to federally mandate certain legal standards (including civil rights and federal gun control laws) based on a very liberal interpretation of the Commerce Clause (Article 1, Section 8. Clause 3) of the U.S. Constitution. See more
The characters state that there is no liberal on the court. In the first season Bartlett put Justice Mendoza on the bench, who was quite liberal. If for some reason Mendoza had left the bench, Bartlett would have appointed another liberal, so no matter what there would have been a democrat on the bench. See more
Hopefully the two of them woo the pants off the President, and he agrees to the deal without noticing he's standing in the gaze of history, pantless.
Referenced in Jeopardy!: Episode #22.196
Written by Don McLean
Performed by Allison Janney
& Mitchell Ryan See more