History Recap / TheWestWingS01E09TheShortList

Peyton Cabot Harrison III is the White House's choice to appoint to the Supreme Court, and they anticipate smooth sailing and no trouble getting him confirmed. So naturally, they run into a few snags. First of all, Sam uncovers an unsigned note Harrison wrote when he was the editor of the Harvard Law Review where he basically said the Constitution didn't provide a right to privacy. Secondly, Joseph Crouch, the retiring justice, tells President Bartlet off for making a safe choice with Harrison and not even considering Judge Roberto Mendoza. President Bartlet acts like he doesn't care what Crouch thinks, but asks Toby to gather information on Mendoza anyway. Finally, when President Bartlet invites Harrison to his office, Harrison not only confirms he wrote the note, but he still believes in what he wrote, and President Bartlet drops Harrison and asks Mendoza to be the next nominee, even though he and the staff know it'll be a tougher fight.

As if that wasn't enough, Congressman Lillienfield goes on television and accuses one in three White House staff members of using drugs on a regular basis. Josh reluctantly investigates Lillienfield's claim, and discovers the real target is Leo; not only is he a recovering alcoholic (which Josh admits is the worst kept secret in Washington), but he also was addicted to pills, and it turns out Lillienfield has the records from the clinic Leo went to for treatment. Both Josh and President Bartlet assure Leo nothing will happen to him, but Leo isn't convinced.

* BadassBoast: Played with: When Josh and Leo realise that Congressman Lillianfield has the records from Leo's stint in rehab for pill addiction, Josh delivers an "asserting leadership" version to a stunned Leo, but it's more about why ''Leo'' is the badass rather than Josh:

* {{Hypocrite}}: We're probably supposed to agree with the retiring Supreme Court justice who excoriates President Bartlet for picking a compromise judge who will be easier to get through the Senate rather than his own favored pick, who is more liberal in his judicial interpretations. But it is hard to take seriously that he is calling the president out on his supposed lack of principles when he admits in the same speech he himself is a blatantly partisan judge who intentionally held off his retirement until the political party ''he'' favored was in power.

* OldShame: When the staff learn of Judge Harrison's unsigned note about privacy, which he wrote more than 25 years earlier, Toby hopes that his views might have changed in the intervening time. When Bartlet asks Harrison about the note, he mentions an embarrassingly bad economics paper that he wrote early in his career, hoping that Harrison will commiserate and prove Toby right. It turns out that Harrison still stands by what he wrote.

* InsultBackfire: Played with. Justice Crouch responds to Bartlet pointing out that he's not Harry Truman by pointedly refusing to use Bartlet's title as President ("Mr. Bartlet, you needn't point out that fact.") Bartlet dryly retorts that "It's ''Dr.'' Bartlet, your honor," in reference to his academic qualifications. However, it's made clear throughout the episode that while Bartlet manages to shrug off the specific insult, Crouch's broader criticisms have clearly struck a nerve.

* ScrewPolitenessImASenior: Justice Crouch has clearly reached the age and position where he's not particularly bothered about showing politeness to the President of the United States: literally the first thing he says is an insult, albeit one veiled by a slightly jovial tone ("Mr. President, you're an excellent liar.") and their conversation pretty much goes downhill from there.

* RuleOfSymbolism: A so hilariously on-the-nose example that it could only be deliberate; the only way a huge chunk of the ceiling slamming into Josh's desk mere inches from where his head might have been mere seconds after he declares that [[TemptingFate absolutely nothing will go wrong with Judge Harrison's nomination to the Supreme Court]] could only be a clearer omen that things ''will'' go wrong if it literally had "things will go wrong with Judge Harrison's nomination" carved into it.