What happens if we don't get a budget deal?
Get another continuing resolution.
See, here's what I don't get. Every year we take these continuing resolutions like the dog ate our homework...
The Republican majority, but you're close.
How come people aren't outraged? The rest of the country can't take endless amounts of time to finish their work.
Well, you're forgetting the beauty of the federal budget process.
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 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.
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.
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?
I'm glad to see you doing so well, sir.
CJChief Justice Ashland
Are you?
CJChief Justice Ashland
Can you do it?
I don't want to. But if it's time, if your condition warrants.
CJChief Justice Ashland
Who'd you get to replace me?
I'd hoped to consult with you.
CJChief Justice Ashland
Holmes.
CJChief Justice Ashland
Oliver Wendell. Marshall, John or Thurgood, either one. I want Brandeis, Blackmun, Douglas. But you can't get them, can you? Because it's all compromises now, the ones who have no record of scholarship, no body of opinions, nothing you can hold them to, that's who they'll confirm, raging mediocrities.
The other eight are preparing to take it away from you, Roy. Holding over cases, the major decisions. How long can the country wait?
CJChief Justice Ashland
My clerks are preparing a brief. There's an Arab-American man, grabbed out of a line at the airport. What's next? Tribunals, identity cards, bar codes tattooed on our forearms?
CJChief Justice Ashland
Daniel Robenov, New York State Supreme Court. Susan Bengaly, Ninth Circuit. [shakes his finger at Bartlet] But they won't confirm them, will they? I have good days, and bad. But on my worst day, I am better than the ambulance chasers you can get confirmed by the Senate. You can't do it, Jed. You're not strong enough. The Speaker's running the table. And I can't take a chance.
RRoyce
I want to thank you, Mr. President, on behalf of my colleagues. None of us thinks this is a perfect deal. No one likes to see the sausage made, including the guys who make it. But this is an expression of willingness by both sides to keep all avenues open to an eventual resolution.
Yes, thanks, Robert. And thanks for saying it this time. I think I had to make that little speech the last time around. [Everyone smiles.] Or maybe the time before. This is our third CR, our third time coming up short. We have to do better. People aren't paying us to duck the hard choices. You want to run through the details, Angela?
AAngela
An act of Congress. Continuing resolution to extend no later than January 3rd, midnight, to include a reduction of one percent.
HHaffley
Excuse me, Mr. President, I'm sorry. There's been a change. I know we talked about a one percent cut. It's going to have to be three.
AAngela
Mr. Speaker, nothing like this was even mentioned, much less disc--
HHaffley
I'm sorry I couldn't give more notice, but I just came from our conference, and I had significant opposition to only one percent.
We had a deal at one percent.
HHaffley
But now my members have to go back to their districts for the holidays, explain why we kept the gravy train running with a rising deficit and an economy crying out for tax relief. It's an economic situation that calls for action, not status quo spending. Now three percent may sound painful but it's only for two months. It'll show we're serious.
In two months. Five percent? 50? How many rounds do we go, Jeff? I'm just asking.
HHaffley
There is no next, sir. I mean not to get too technical, but this government runs out of money at midnight. And my guys are going home. This is it.
[Bartlet considers this for a moment. Then he shakes his head.]
HHaffley
There is no altering this offer, Mr. President.
[Bartlet stands. Everyone else quickly follow.]
HHaffley
Let's be clear, sir. We cannot, we will not, vote to keep on footing the bill. You will be held responsible for shutting down the federal government.
That's one way to make the shutdown seem real to the country -- don't mail eleven million checks.
It'd be catastrophic if we don't fix this.
FDR will rise from the dead?
Millions of angry grandparents are going to march on Washington, burn us in effigy.
We had agreed to a one percent cut on a thirty-day continuing resolution, but the Speaker pulled a bait-and-switch.
One percent, two percent -- what's so unreasonable about three percent?
Three percent equals X dollars, which is Y flu vaccinations, Z school lunches...It's more convincing with numbers.
You remember when we went to Atlantic City?
We never went to Atlantic City.
Remember when I went to Atlantic City and I came back complaining that all the pro poker players suck all the fun out of the game, no cigars, no pizza, no beer.
Those guys, they bet the bank when they have a good hand. And you either fold, or you go in all the way with them. I think the President's gonna stay in.
He's better than anyone we've seen on the other side of the table in a long time.
How's the President doing?
Think it's about time for me to talk to a few of my former colleagues in the House?
I served on energy with Haffley.
I sang in the Congressional Quartet with the majority whip. I've gotten drunk on fact-finding with most of the guys...
[interrupting] With all due respect sir, we can't send mixed signals.
You saw their deal two days ago and turned them down. If you're waiting for Haffley to call, you've misjudged your man. You can't treat the Speaker like...
[interrupting again] The President will decide the terms.
No, he won't! Like it or not, we have a Republican Congress. They get to write the budget. The President only gets to edit it a bit. You want to blame someone, call James Madison.
Thanks for the history lesson, sir. I'll be sure to pass it on to the President.
[pause] You know what they call a leader with no followers? Just a guy taking a walk.
You know, 15 years ago, we took a trip to Egypt, all five of us, saw the pyramids and Luxor, then headed up into the Sinai. We had a guide, a Bedouin man, who called me "Abu el Banat." Whenever we'd meet another Bedouin, he'd introduce me as "Abu el Banat." The Bedouin would laugh and laugh and then offer me a cup of tea. And I'd go and pay them for the tea, and they wouldn't let me. "Abu el Banat" means "father of daughters." They thought the tea was the least they could do.