History Recap / TheWestWingS05E17TheSupremes

* [[FoxNewsLiberal MSNBC Conservative]]: Justice Mulready, whose judgements seem to be almost punitively right-wing, yet who is also courteous, highly intelligent, willing and able to argue both sides of any case, extremely friendly with the very liberal Justice Lang and more than happy to have her as Chief Justice.[[note]]Unlikely as it seems, this was TruthInTelevision: Supreme Court Justice Antonin Scalia was as conservative as his fellow Justice Ruth Bader Ginsburg is liberal, yet they were close personal friends and liked to go shopping together. Scalia felt that if you couldn't disagree with people and yet be friends with them then you weren't cut out to be a lawyer, while Ginsburg observed that one of the ways Scalia showed his friendship was that whenever he wanted to dissent from an opinion, he'd send it to her as soon as possible so that she had time to think about it.[[/note]]

As Bartlet interviews -- and is charmed by -- Evelyn Baker Lang, Toby watches over Mulready. The two quickly become embroiled in an argument over the Defence of Marriage Act, with Toby opposed and Mulready in favour. The increasingly heated debate is interrupted by Lang who, much to Toby's surprise, reveals that she and Mulready are good friends despite their ideological differences and that Mulready -- despite his opposition to gay marriage -- would not support Congress legislating the issue anyway. Josh and Toby watch incredulously as Lang and Mulready argue passionately but respectfully over their differences, and become more convinced that their idea has merit.

President Bartlet interviews E. Bradley Shelton, a moderate judge who is so far the front runner. When asked about Affirmative Action, Shelton insists that he considers the facts of the case at hand more important than any ideological beliefs he may possess on the subject. Toby and Josh, meanwhile, continue interviewing Lang, who demonstrates great insight about the questions she is likely to receive at a confirmation hearing from Republican judges but stuns the two by casually revealing she had an abortion as a college student.

* HappyEnding: Although the ending looks like StatusQuoIsGod, in that the Supreme Court still ends up with the same ideological balance as before, it's actually this, in that Justice Ashland will retire in the knowledge that his replacement is as brilliant and liberal as he was, and her counterpart is a rock-solid and equally brilliant conservative who respects her and who won't be pointlessly adversarial.

* StatusQuoIsGod: The Supreme Court still ends up with the same ideological balance as before. good news for the West Wing staff is that a brilliant and potentially great liberal Justice can oversee and lead the Court for years to come.

* [[FoxNewsLiberal MSNBC Conservative]]: Justice Mulready, whose judgements seem to be almost punitively right-wing, yet who is also courteous, highly intelligent, willing and able to argue both sides of any case, extremely friendly with the very liberal Justice Lang and more than happy to have her as Chief Justice.[[note]]Unlikely as it seems, this was TruthInTelevision: Supreme Court Justice Antonin Scalia was as conservative as his fellow Justice Ruth Bader Ginsburg is liberal, yet they were close personal friends and liked to go shopping together. Scalia felt that if you couldn't disagree with people and yet be friends with them, then you weren't cut out to be a lawyer, while Ginsburg observed that one of the ways Scalia showed his friendship was that whenever he wanted to dissent from an opinion, he'd send it to her as soon as possible so that she had time to think about it.[[/note]]

* StatusQuoIsGod: The Supreme Court still ends up with the same ideological balance as before. The only good news for the West Wing staff is that a brilliant and potentially great liberal Justice can oversee and lead the Court for years to come.

* TakeAThirdOption: Rather than take a bland but competent moderate judge to fill a Supreme Court vacancy, or try to force a brilliant but liberal judge into a hopeless fight against a conservative Republican Senate, the White House gets a sitting liberal judge - the Chief Justice no less - to sensibly retire, and then nominate two brilliant judges - one liberal as Chief Justice, one conservative as Associate - to placate all sides.

* TakeAThirdOption: Rather than take a bland but competent moderate judge to fill a Supreme Court vacancy, or try to force a brilliant but liberal judge into a hopeless fight against a conservative Republican Senate, the White House gets a sitting liberal judge - the Chief Justice no less - to sensibly retire, and then nominate two brilliant judges - one liberal as Chief Justice, one conservative as Associate - to placate all sides.

To Josh's disappointment, Toby and C.J argue that she should be dismissed from even hypothetical consideration, arguing that the resulting controversy if this was revealed would outweigh her value as a decoy. When he learns this, however, Bartlet angrily refuses, arguing that her abortion was legal and that a lot of women voted for him because he promised to safeguard the right to choose. He demands that Lang be placed on the short list of nominees regardless of the potential outrage; although there is seemingly no chance that she will ever be nominated, he believes that the honour of being placed on the list is the least he can do given her graciousness about being used as a decoy.

To Josh's disappointment, Toby and C.J argue that she should be dismissed from even hypothetical consideration, arguing that the resulting controversy if this was revealed would outweigh her value as a decoy. When he learns this, however, Bartlet angrily refuses to dismiss her from consideration, arguing that her abortion was legal and that a lot of women voted for him because he promised to safeguard the right to choose. He demands that Lang be placed on the short list of nominees regardless; although there is seemingly no chance that she will ever be nominated, he believes that the honour of being placed on the list is the least he can do given her graciousness about being used as a decoy.

Toby reacts angrily to the idea of handing the Republicans a seat on the court, prompting a passioned debate between Josh and Toby over the virtues of moderate compromise versus the virtues of passionate disagreement. Bartlet is also skeptical, but allows Josh to approach both Ashland and the Republican members of the Judiciary Committee with the idea to get their perspectives. Both sides are willing to agree to the idea, but both Toby and Bartlet are further infuriated when they hear who the Republicans propose to nominate -- Christopher Mulready, a conservative who has written controversial articles expressing passionate right-wing views about gay marriage, enumerated rights, corporate personhood and environmental law, among other topics. Although initially resistant, Toby is convinced to at least consider the idea. In secret, both Lang and Mulready are brought in to be interviewed by the President while Josh and C.J attempt to convince Senator Roland Pierce, the ranking Democrat on the Judiciary Committee, to agree to the deal -- helped with a bottle of twenty-one year old scotch.

As Bartlet interviews -- and is charmed by -- Evelyn Baker Lang, Toby watches over Mulready. The two quickly become embroiled in an argument over the Defense of Marriage Act, with Toby opposed and Mulready in favour. The increasingly heated debate is interrupted by Lang who, much to Toby's surprise, reveals that she and Mulready are good friends despite their ideological differences and that Mulready -- despite his opposition to gay marriage -- would not support Congress legislating the issue anyway. Josh and Toby watch incredulously as Lang and Mulready argue passionately but good-naturedly over their differences, and become more convinced that their idea has merit.

As Bartlet interviews -- and is charmed by -- Evelyn Baker Lang, Toby watches over Mulready. The two quickly become embroiled in an argument over the Defense of Marriage Act, with Toby opposed and Mulready in favour. The increasingly heated debate is interrupted by Lang who, much to Toby's surprise, reveals that she and Mulready are good friends despite their ideological differences. Josh and Toby watch incredulously as Lang and Mulready argue passionately but good-naturedly over their differences, and become more convinced that their idea has merit.

* GoldenMeanFallacy: Discussed; Toby and Josh argue the merits and drawbacks of moderation vs. ideological difference.

Donna, meanwhile, has received a box of home-made cookies from her mother, and when accepting one Josh notes a photo of two cats on the box. In the resulting conversation, Donna reveals that her parents only intended to buy one cat, but couldn't decide between the two; as a compromise, they ended up getting both instead. This [[EurekaMoment gives Josh a sudden moment of inspiration]], and he runs to Toby with an idea. Roy Ashland, the liberal Chief Justice of the Supreme Court, is showing signs of suffering from dementia but, when pressed, has refused to retire on the grounds that Bartlet would not be able to get a similarly liberal judge to take his place through the Republican Congress. Josh thus suggests that they nominate Evelyn Baker Lang to fill Ashland's seat as Chief Justice, and then allow the Republicans in Congress to suggest a conservative to fill Brady's seat -- this way, both ideological positions are represented and both sides will be satisfied rather than having to select a moderate to fill one seat.