Directed by Bill D'Elia
Written by Aaron Sorkin, Patrick Caddell, & Dee Dee Myers
Peyton Cabot Harrison III (Ken Howard) 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 (Mason Adams), the retiring justice, tells President Bartlet off for making a safe choice with Harrison and not even considering Judge Roberto Mendoza (Edward James Olmos). 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 (Holmes Osborne) 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.
Elsewhere, Danny finally has somewhat of a breakthrough with C.J., and a piece of ceiling nearly falls on Josh's head.
This episode contains examples of:
- And Starring: "Edward James Olmos as Roberto Mendoza" in the guest credits at the start of the episode. (It's also timed so his name appears right after Jed and Justice Crouch have a conversation about Mendoza.)
- Artistic License – History: Josh says mentions that Peyton Cabot Harrison III's father was "Attorney General for Eisenhower." Eisenhower had two Attorneys General: Herbert Brownell, Jr. and William Rogers, neither of which had a son named Peyton Cabot Harrison III.
- Badass Boast: 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 horrified Leo, but it's more about why Leo is the badass rather than Josh:Josh: You're Leo McGarry. You won't be taken down by this... small fraction of a man. I won't permit it.
- Both Sides Have a Point: Even if the president and his staff do not agree with Judge Harrison's stance on a right to privacy not necessarily being inherent to the US Constitution, he makes a perfectly valid point that a good judge generally isn't supposed to read between the lines and force an outcome they personally would prefer.
- Early-Installment Weirdness: Josh refers to Leo as being from Boston. Subsequent episodes refer to him was being from Chicago instead.
- Entitled Bastard: A downplayed example; the peevish way Judge Harrison responds to Sam's questions clearly marks him as someone unused to anyone, especially a person he considers to be a lower-status functionary, challenging his viewpoints, and his subsequent complaints about the grilling he receives suggest him to be someone who considers a nomination to the US Supreme Court to simply be his due without any challenge whatsoever.
- Everybody Knew Already: Even though there has been no official announcements yet, by the time Roberto Mendoza has finished his meeting with the President, a large crowd of White House staffers have already gathered outside the Oval Office to applaud and congratulate him on being the next Supreme Court nominee.
- Foreshadowing: Leo's alcoholism and drug addiction play a major part of the next few episodes.
- Also, within the episode, before the unsigned note comes to play, Toby tells Sam to play down the fact Harrison never wrote an opinion, or revealed one, about Roe vs. Wade, a decision that partially hinged on whether the Constitution provides the right to privacy.
- Played for Laughs to an absurd degree in the pre-credits scene when Donna and Josh argue about exactly how easy Harrison's nomination will turn out to be. Donna urges Josh to exercise cautious optimism and warns that he not get too over-confident, while Josh thinks it's going to be a breeze. This ends up with Josh yelling at Donna that nothing bad is going to happen whatsoever... at which point a huge chunk of the ceiling slams down onto Josh's desk inches from his head, foreshadowing that Harrison's nomination is not going to go well at all.
- Ice-Cream Koan: "There's many a slip twixt the tongue and the wrist, Josh."
- Insult Backfire: 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 rather than his elected position. 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.
- It's All About Me: Josh takes all the credit (at first) for getting Harrison.Josh: It was a series of phone calls, which I masterminded, while I’m not one to be selfish about credit, I think it is important to know that it is done, and I DID IT!
- Mathematician's Answer: While discussing Judge Harrison's views on the right to privacy and the Constitution, Bartlet asks whether Harrison would have any objection to a law banning the use of cream in coffee. Harrison replies that he would have a strong objection, since he likes cream in his coffee himself, but that he would have no constitutional basis to strike down such a law if it came before the Supreme Court.
- Noodle Incident: Apparently, when things have not worked out for Josh in the past, he's shown up drunk at Donna's apartment in the middle of the night and yelled at her roommate's cats, though we don't hear specifics as to when.
- Old Shame: When the staff learn of Judge Harrison's unsigned note about privacy, which he wrote more than 25 years earlier, Toby argues (more out of hope than conviction) 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.
- Pull the Thread: Danny uses this with C.J. in an effort to both try and trick her into confirming that Judge Harrison will be the nominee to the vacant Supreme Court seat and to throw her off guard when he asks her out again:Danny: What do you suppose they're talking about in there?
C.J.: The President and Justice Crouch are old friends.
Danny: The President and Justice Crouch can't stand each other.
C.J.: [Mildly exasperated] Look, the man's retiring. It's a courtesy call. What do you want from me?
Danny: Dinner and a movie.
C.J.: No.
Danny: Do you think Crouch is pissed because the President's nominating Harrison?
C.J.: Danny...
Danny: There, I did it again! But you were too quick for me. - Reasonable Authority Figure: Roberto Mendoza turns out to be a stern, decisive, yet deeply compassionate judge who interprets the law in defense of common people, even if it's against the instructions of the President himself.
- Rule of Symbolism: A so hilariously on-the-nose example that it could only be deliberate. The only way that the huge chunk of the ceiling slamming into Josh's desk mere seconds after he declares that absolutely nothing will go wrong with Judge Harrison's nomination to the Supreme Court could be a clearer omen that things will go wrong would be if it literally had "things will go wrong with Judge Harrison's nomination" carved into it.
- Screw Politeness, I'm a Senior!: 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 to Bartlet 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.
- Servile Snarker: Donna.Donna: Peyton Cabot Harrison III.Josh: Yes.Donna: Jewish fellow?Josh: You're not going to ruin this moment for me, Donna.Donna: I'm sharing this moment with you.Josh: This is a big day for us.Donna: You're the men.Josh: You know what we're finally going to have?Donna: A WASP-y old man on the Supreme Court?
- Ship Tease: C.J. kissing Danny on the cheek after he gives her a goldfish.
- Shipper on Deck: Josh gives an in to Danny with C.J. when he tells her she likes goldfish. Even though it turns out she meant the crackers, C.J. is touched.
- Shout-Out: After C.J. and Mandy both play out scenarios to demonstrate why ignoring Lillienfield's announcement would be a bad idea, Toby responds, "Are we done with Masterpiece Theatre?"
- Smug Snake: While we don't see much of Congressman Lillianfield outside of a few seconds of his press conference, what we do see and the way the senior staff talk about him suggest a pompous gasbag and malcontent who keeps trying to stir up trouble for the administration for petty and self-serving reasons. However, this doesn't mean he's not dangerous, as the characters also come to realise that he actually does have politically and personally damaging information on Leo.Danny: Lillianfield's a jackass but he's not stupid. If he's talking, he's got something.
- Stealth Hi/Bye: C.J. does this when Leo is addressing the senior staff in his office at the beginning.Leo: You should wear a bell around your neck, you know that?
- Suddenly Shouting: Toby does this to the staff after Lillienfield's announcement:Toby: There's no way you saw this coming?
Leo: Toby-
Toby: Leo, I know I'm in your office, forgive me. BUT NOBODY SAW THIS COMING?!
C.J.: Yeah. I can’t believe my psychic didn’t tell me, Toby. Rest assured, I’m gonna get my twenty bucks back. - Tempting Fate: This episode is full of it, what with everyone saying Harrison's going to be the next Supreme Court justice and how easy it will be to confirm him. Lampshaded by Donna:Donna: There’s many a slip twixt the tongue and the wrist, Josh.Josh: Yes. Well, your fortune cookie wisdom notwithstanding, it’s gonna sail.Donna: Please don't get your hopes up.Josh: Why shouldn't I get my hopes up?Donna: Because when it doesn't work out, you end up drunk in my apartment in the middle of the night and yell at my roommate’s cats.Josh: Smooth sailing, Donna.Donna: Cautious optimism, Josh.Josh: Nothing bad is gonna happen this week.Donna: Exercise cautious optimism.Josh: Look, there is no reason...(just then, a piece of ceiling comes crashing down on Josh's desk, missing his head by inches) Well...okay.
- And then there's this scene, after Josh and Donna are inspecting the damage:
- Tension-Cutting Laughter: After Lillienfield's announcement, most of the staff does this in Leo's office when Josh walks in and announces, "Five White House staffers in the room. I would like to say to the 1.6 of you who are stoned right now, that it’s time to share."
- Dude, Not Funny!: In-Universe; everyone but Mandy laughs.Mandy: This isn't funny, Josh.
Josh: Mandy, if you can't laugh at this, then you're just not having enough fun in show business.
- Dude, Not Funny!: In-Universe; everyone but Mandy laughs.
- Testosterone Poisoning: Donna thinks this of Josh, Sam, and Toby; when they go around saying, "Who da man?", she says, "This is just gross."
- They Call Me Mr Tibbs:President Bartlet: I am not Harry Truman.Justice Crouch: Mr. Bartlet, you needn't point out that fact.President Bartlet: It's "Dr. Bartlet", your honor.
- Wham Line:Leo: Records kept by these facilities are confidential, Josh.Josh: He's (Lillienfield) got 'em.
