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S5

The West Wing · Season 5

Toby and Joe in “Separation of Powers”

You used to clerk for the Chief Justice. That's interesting.

Is it? I don't know, I mean if you find it interesting...

I've just never heard you mention it. Guys around here with two-bit appellate courtships staple it to their foreheads.

I can't do it, Toby, I'm sorry.

You haven't even heard what I'm going to say.

You want me to do the approach, about getting him to resign.

I didn't say that.

I can do the math. You've got a limited amount of time to pick the next guy and get him confirmed before the midterms politicize everything. But I work for you. It's a question of propriety.

I see.

Do you? The White House can't be seen as pressuring a Supreme Court Justice to change his breakfast order, let alone resign. Separation of powers.

I see.

You say that, but in a way that makes me wonder if you really do.

The President sets the direction of the Court. I've read the Constitution too.

He sets it when there's a vacancy.

You don't have to ask him to resign, only to sit down with the President.

You're talking about a guy who stood up to six Administrations, 22 Congresses, and at one time or another had half the country ready to lynch him. You think a former clerk can pry him lose?

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