West Wing The Supremes ___________ Name ______________________________________________

Season 5 Episode 17
Subject: the politics of nominating a Supreme Court justice Period _________________ Date ___________________________________

Front Loading: FRQ 2002 #1: (a) Describe two problems that divided government poses for the President in making federal appointment. (b) Identify
and explain two ways Presidents try to overcome the problems described in (a).

First (1) Scene: White House (WH) staff meeting (lots of talk and folders passed around)

1. Aside from the WH Staff, who else is feeding POTUS nominee possibilities?

2. What does it look like the WH Staff is doing when meeting with possible nominees? [hint: its in B of the FRQ]

3. Evelyn Baker Lang was described as a and a duck. CJ suggested what? Why? (look to Leos answer)

4. What did CJ suggest so to make the vetting process for Lang to took more serious than a decoy?

Second (2) Scene: First Meeting with Evelyn Baker Lang

5. Evelyn Baker Lang, played by the fabulous Glenn Close is seen as an ultra liberal. She asked about another candidate, Eric Hayden. Josh told
Lang that the problem was.

5A. What is a possible problem with Hayden?

6. Lang describes the SCOTUS justice who just died as a conservative , who is a young thinker, who
brought the right of out the closet and championed a whole .

6A. What point is Lang making with her comments during her interview?

Third (3) Scene: Intern mistake & Republican staff director with judiciary committee

7. Beware that the intern who sent flowers to the living chief justice instead of the dead justice will materialize his importance as the episode rolls on.
Why isnt Josh able to fire this intern?
original worksheet created by Jean Jean Yang Christensen
2009-2010 school year: (C) Feburary 8, 2010
8. Lisa (staff director of the Judiciary Committee) is notably aggressive when talking with Josh. Note that she works for Republicans. She talks
about Girellis problems with . This is another good example of mentioned in part A of the
FRQ prompt. Why isnt Lang an option?

8A. Lisa makes a threat to Josh. What does she say?

Fourth (4) Scene: Toby and Josh meeting with Bartlet (POTUS) to go over a list

9. Leo called the interview with judge Lang a red flag to the bull and Josh commented that it was working. Toby the commented that three leaders
from dem leadership were that the administration as making choices. From these references, what
did Leo mean that Lang was a red flag to the bull? (hint: what is the red flag, who is the bull, etc.?)

Fifth (5) Scene: Barletts meeting with E. Bradley Shelton

10. President Barlet talks to judge Shelton about affirmative action. What was Barlet trying to get Shelton to say? What did Shelton say instead?

11. Judge Sheltons answer would indicate that he practices judicial . Hes going to say more about in about 5 seconds;
make sure you jot down what he says.

12. Paraphrase what Shelton says about the two reason why people call themselves moderates.

Sixth (6) Scene: Vetting Evelyn Baker Lang by Toby and Josh

13. In this scene, Toby, Josh and judge Lang plays committee. This should give you a clue as to what the Judiciary Committee (in the Senate)s
main responsibility would be. Take a guess!

14. Josh is apparently enamored with judge Lang. Tobys response is

15. What is Langs comment about Roe v. Wade (1973) as far as how it parallels with her own abortion?
 Seventh (7) Scene: Toby, Josh and CJ (White House Press Secretary) talks about Lang in CJs Office

16. What was CJs concern with Lang?

17. Josh argues that judicial nominees live or die by , and that we are playing along with the ridiculous notion that the court is a
_______________________ in a way it hasnt been since .

Eighth (8) Clip: How Lang got on the Short List

18. Describe what happened in this scene.

Ninth (9) Clip: How Josh came up with his Idea

19. Donna, Joshs assistant and her mothers cookie tin gave Josh the inspiration to solve the problem of filling a SCOTUS justice seat. In your
own words, summarize Joshs plan.

20. Toby wasnt wild about Joshs idea (to put it mildly). What does Toby have in mind for how this will roll out?

21. Toby and Josh make a passionate argument for and against judicial activism vs. restraint. Summarize what Toby and Josh say here.

22. Tobys concern with Joshs idea is something that was mentioned in part A of your FRQ prompt. Find it and reiterate it here.

Tenth (10) Clip: Who is Christopher Mulready?

23. Lisa Woolfe gave Josh the name of a judge the Judiciary Committee. Toby goes off. What is apparently the problem with judge Mulready?

Eleventh (11) Clip: Wooing Senator Pierce

24. Why is Josh (and eventually CJ) talking to Senator Pierce?

original worksheet created by Jean Jean Yang Christensen

2009-2010 school year: (C) Feburary 8, 2010
 Twelfth (12) Clip: Meeting Christopher Mulready

25. DOMA, or the Defense of Marriage Act is a controversial issue on BOTH sides of the aisle, if you look at this clip. Explain from the conservative
point of view why it does NOT finds DOMA appealing.

26. Mulready argues that in U.S. v. Lopez, the Bench should be congratulated on their plain text reading of the Constitution (something staunch
conservatives are very much for), to which Lang expressed her disagreement. What else did the original Constitution say at the point of
ratification?

27. CJ is getting very drunk with Senator Pierce. If you caught what song they were singing, Im offering you an extra credit point on your next
MCQ if you can write down the songs title. Theres only two phrases, so listen carefully since theyre not even singing it on pitch. And if you can
also guess the name of the artist who sang the song, Ill give you another EC point :)

_____________________ by

Thirteenth (13) Clip: Judge Mulready meets Jed Bartlet

28. In this clip, the judge and the President discusses the arguments for judicial activism and judicial restraint, and perhaps even a plea for
moderates vs. conservatives. Summarize their arguments below and make sure you indicate who is arguing for what.

29. Fill in the blanks to this line from Mulready: We all have our to play, sir. Yours is to nominate someone who doesnt
_________________________ people.

30. Mulready and Charlie, president Bartlets assistant has a conversation about affirmative action. Finish this quote from Mulready who teaches
Charlie a thing or two about debate:

This is where the argument goes off the rails. You get stuck in the . Now, you want to come back with
me with: Grading is based on performance. But admission should be based on , on how a candidate
may thrive with this kind of . And studies show affirmative action admits have a predisposition to
___________________________to society.