The Court

It's the day before a Texas man is to be executed for a rape and murder, and his petition for a stay arrives at the Court. As usual, Nolan has the swing vote. Recent DNA evidence throws his guilt into question, but the Court can't rule on that. It can consider procedural matters, though, so Kate's clerks scour the trial record (and play devil's advocate with each other). Meanwhile, Harlan, who's covering the story in Texas with Betsy, receives an intriguing proposal from an old girlfriend.

The court rules on a case involving a Federal agent who accidentally shot a state agent, and Nolan is assigned to write the majority opinion. That means all-nighters for the clerks. Meanwhile, Harlan tricks a student librarian into giving him access to the papers of Nolan's late predecessor, Christina Flynn. It opens a can of worms. And so might the appearance in Washington of Nolan's black-sheep brother.

Betsy flirts with Nolan's brother Keith, and takes advantage of his attraction to her to gain information on Nolan's possible involvement in a financial scandal years ago. Brandt boldly interviews Nolan's mother Elizabeth, searching for confirmation of Nolan's guilt. But when Nolan confronts Brandt and explains the situation, he reluctantly must admit that she is blameless. Meanwhile, the justices argue whether or not students should be required to report misconduct by their peers. And an environmental debate results in a flock of birds being released into the courtroom by protesters.

Brandt's attempted exposé on Nolan is promoted on television without his knowledge, causing Nolan to hurriedly prepare a defence against the false charges of indiscretion. Brandt's producing partner Marsha Palmer ignores his protests and insists that he broadcast it. But he surprises everyone by publicly declaring Nolan innocent and retracting his premature accusation. Brandt's job is terminated, but he is triumphant—and Nolan is greatly relieved that she did not bring dishonour to the Supreme Court.