Shutdown - TWW S5E8

 

Original airdate: November 19, 2003

Written by: Mark Goffman (4) 

Directed by: Christopher Misiano (17)

Synopsis

• With President Bartlet and the Republican Congress locked in an intractable budget fight, the government shutdown drags on - until Abbey asks, "Where's Josh?" and Josh inspires a bold move to reclaim the initiative and take the battle to the Capitol.
  

"Mr. President, let's go. Right now." 

This is probably one of my favorite episodes of Season 5. I'm not exactly sure why - partly because of Josh's redemption story, with Abbey's prodding of Jed getting Josh put back in the game; partly because we get to see why Josh is as valuable as he is, coming up with the notion to go to the Capitol in the first place, then his brilliant move to have the President walk out when he's stiffed by the Republicans; and partly because of the rejuvenation of President Bartlet as he holds firm against the bait-and-switch tactics of the Republicans for three days. The writing is good (this is Mark Goffman's first solo writing credit on the show, he also was credited for College Kids, Red Haven's On Fire, and Han, all pretty good episodes), the entire episode is (rightly) focused on one huge topic, it just works.

 

We begin right where Separation Of Powers ended, with President Bartlet turning down Speaker Haffley's demand to cut three percent from the continuing budget resolution instead of the agreed-upon one percent. As the President rushes off to watch some basketball, the staffers are dumbstruck - will there be some kind of agreement before the midnight deadline? If they go back and agree to a two-percent cut, will the Republicans go for that? How will they get the business of the country done if the government shuts down? And what about valuable non-senior advisers like Margaret and Donna? How long will this all last?

 

Speaker Haffley thinks he's got the upper hand, and that Congress can lay blame for the shutdown on the President. He makes his point on TV right there on the White House lawn - which infuriates CJ.

 

 

We quickly roll into Day Two, with TV coverage showing a sad little girl unhappy that she can't see the Constitution. 

 

The administration was hoping the public would take their side against a smug, overreaching Republican Congress, but polling isn't going their way. Leo decides today is the day, they have to come to an agreement to get a continuing resolution and end the shutdown, and he'll go hat-in-hand to agree to the three-percent cut. Josh is more willing to fight, to stand up against the bad-faith move by Congress, but he's still in the doghouse for his tactics causing a Democratic Senator to change parties in Constituency Of One. Leo sends him off to work on the President's schedule while Angela, Toby, CJ, and Will do the war room work.

Donna, probably illegally, is still doing work for Josh from home. She's going over government programs affected by the shutdown and the resulting impacts, and she discovers something pretty huge - even though Social Security as a program is immune to the shutdown, with the office workers being sent home it turns out there's nobody around to print and send out the monthly Social Security checks. Obviously the failure to get those checks into the hands of retirees would cause a tidal wave of anger and disapproval, and it'd likely all fall on the administration. Good catch, Donna!

Leo gets the sense of the advisers and goes to convince the President to give in and agree to Congress' demands. But ... President Bartlet is not having it. He and Haffley had an agreement at one percent, and he'll be damned if Haffley is going to change the rules and pull the rug out from under him.

Leo: "Sir? You're putting all our chips down on a single hand we can't win."

(President Bartlet slams his hand on the desk)

President: "We had a deal, Leo."

Leo has a card up his sleeve, though. He makes a call.

 

The First Lady returns. She left the White House in Jefferson Lives, still quietly furious at Jed for his move to kill Abdul Shareef in Posse Comitatus, an event she directly links to their daughter's kidnapping in Commencement. Apparently five months away has cooled her anger somewhat, and the fact that Leo can't make the President budge - but maybe she can - brings her back home.

She interrupts Jed making a peanut butter and jelly sandwich for his dinner. He is not displeased to see her.

They sit, they talk ... and Abbey - who had spent an hour or so in the war room going over some of the strategy - asks one of the most consequential questions of the episode.

Abbey: "Jed ... where's Josh?"

Which leads immediately to Leo walking down the dark, quiet hallway to Josh's office.

Leo: "The President wants you back in the war room."

We move on to Day Three.

 

The polling continues to run against the administration. Haffley looks to be winning the battle of public perception. President Bartlet, bolstered by the return of the First Lady, is finally ready to give in and let Haffley have the three-percent cut he wants. Bartlet goes around the room to get the opinions of his advisers, until Josh - who was warned by Leo not to go rogue on the question - has yet another consequential response.

Josh: "What do you want, Mr. President?"

President: "I want to be able to govern."

Angela: "Our bargaining position is weakening every day. There's a deal on the table, Republican leadership are in their conference room, waiting on our reply."

And then we get to see the real Josh, the political mind that sees angles others don't, the guy who knows how a grand gesture can play in the public eye.

Josh: "Let's go up to the Hill to see them."

Toby: "We can't go up to the Hill. We'll look even more desperate."

Josh: "The country's waiting for someone to step up. It should be us."

The others are aghast - the President, meekly going to the Capitol to beg for a deal? He'll look weak, he'll look defeated, it's a terrible precedent to set. But Josh just knows a bold move like this could change the terms of the conflict.

The President gets it.

President: "Let's go."

Leo: "Mr. President, you have a video conference with Admiral Vackey of PACCOM at 5:00."

President: "Then I suggest we get a move on."

To the motorcade they go, heading down Pennsylvania Avenue to the Capitol ... until the President sees a group of Kansas tourists on the sidewalk, Midwesterners who made their trip for nothing with the government shutdown forcing the closure of so many tourist sites. He orders the car to stop.

 

It's a great political move, but it's just a human move for Bartlet. He feels bad that these folks came halfway across the country, only to find most of DC closed. Josh recognizes something else, too ... just as he said in the war room, the people of the country are anxious to have someone make the first move, have someone step in on their side, to break the partisan logjam and try to do something for the good of the nation. And here's President Bartlet, wading right into the fray and bringing these everyday Americans along with him.

CJ gets it, too. Her small little smile when Josh first let her know they were heading for the Capitol, her glee at telling Josh the networks are cutting into regular programming to show the President's trip down the street ... she knows this could help turn the tide of public opinion.

Josh, seeing the happiness the President gets by meeting the crowd, gets another idea.

Josh: "The Capitol is just a five or ten minute walk from here. Care to stretch your legs?"

I love Bartlet's reaction to that notion.

 

These guys are totally on the same page, and it rocks.

They arrive at the Capitol, and Josh announces the President's arrival and his wish to see Speaker Haffley. A Congressman begs for more time ... and closes the door in Josh's face.

 

The very notion of Congresspersons forcing the President of the United States to sit and wait for them is unimaginable. Senator Royce and some other Republicans know this, and they are anxious to get out there and welcome the President in. Speaker Haffley, arrogantly knowing he has the situation by the tail, orders them to stop. It's all just a stunt, he says. We can't let the White House play us like this.

Haffley: "Wait! Damn it! We don't go out there until we agree on a game plan!"

Which apparently takes a while. The President sits alone as the clock ticks, media cameras in his face, shutters clicking. Seven minutes go by. Angela is convinced this move is a disaster and the President's trip to Congress has made him look like a fool.

Josh has another perfect idea. "No," he tells Angela. "This is great." He goes to sit next to the President, and whispers in his ear.

Josh: "Mr. President?"

President: "Hmm?"

Josh: "Let's go. Right now."

Meanwhile, Haffley finally has his minions in line. 

Haffley: "Okay, so we stick at three percent, and if he also wants to do the final budget, he finds the 50 billion on his side of the aisle. Agreed?"

(Royce nods)

Haffley: "Then let's get the leader of the free world."

The Republicans look on smugly as Royce and Haffley head out into the hallway.

But what do they see as they exit their war room?

The President and his group are heading back to the White House, with no agreement reached. Now it's the Republicans who look like they're not willing to do what it takes to end the shutdown. Haffley's smug arrogance has turned against him, which is evident from the look on Royce's face.

On to Day Four. Abbey is going to personally cook chicken for the state dinner with the British Prime Minister, cut down to just the two couples due to the shutdown. Haffley, still convinced the President's trip to Capitol Hill was only a publicity stunt, finally gives. He makes the trek to the White House, intent on getting that three-percent cut in the continuing resolution, but now President Bartlet has the upper hand. They argue about political and economic philosophies (I really think this discussion is an effort by West Wing producers to try to be more politically evenhanded in their approach; in the Sorkin years the show was accused by conservatives as being tilted far to the left, and John Wells, I truly believe, is making an attempt to give conservative Republican arguments a fair hearing. This little verbal jousting match between Bartlet and Haffley tries to cover both sides equally, not demonizing the conservative viewpoint. Now, you can agree or disagree however you like with the arguments ... but I think it's obvious what the tack is here). But finally:

President: "Well, I'm not going to negotiate with anyone who holds a gun to my head! We had a deal! I don't care if my approval ratings drop into single digits. I am the President of the United States and I will leave this government shut down until we reach an equitable agreement!"

The meeting continues for a couple of hours. Donna stops by ("Don't call the Feds," she says, "I'm just dropping off forms for the Treasury employees") and she gets her well-earned praise for catching the Social Security shutdown glitch. Finally the senior advisers are welcomed into the Oval Office to find out the result of the negotiation.

Josh: "What did we get? Another continuing resolution?"

(Long pause. The President stands.)

President: "No. A budget."

Nobody got everything they wanted ... the administration had to give up their college tuition tax credit that was a cornerstone of the 2002 campaign since 20 Hours In America Part Two, but the Republicans also gave up their capital gains tax cut that was non-negotiable in Separation Of Powers. But a federal budget is complete, the shutdown comes to an end, and the government can get back to, you know, governing.

A satisfying episode with Josh really getting to show off his political talents, and a satisfying ending.

Tales Of Interest!

- This episode begins right as Separation Of Powers ends, with the shutdown resolved four days later. It's confirmed that it's November, as Royce tells Haffley, "I hate November" and Haffley responds, "No, no. Christmas came early this year." There are a couple of quibbles ... when the on-screen caption reads "Day 2" that would have to mean the second full day after the midnight shutdown, and not the day following the Roosevelt Room meeting; yet at one point Leo says, "Twelve hours passed, that's what happened." If we go by what we're told onscreen, the timeline goes like this:

+ President Bartlet turns down Haffley's demand at 8:30 pm; shutdown begins at midnight

+ We skip a day

+ Day 2: Leo demands a solution, Rena shows up to help with the trash, Donna uncovers the issue with Social Security checks, Abbey returns, Josh is brought back into the war room

+ Day 3: The President finally agrees on three percent, we get the walk to the Capitol and the departure of the President when the Republicans take too long to meet him

+ Day 4: Abbey's cooking for the British Prime Minister, Haffley comes to the White House, a budget agreement is reached

- Also, immediately after the Republicans walk out when President Bartlet refuses to accept their offer, Leo is telling the entire White House staff to go home "effective immediately." Right after the walkout Josh says it's 8:30; Leo sees Haffley on TV outside the White House talking to the press as he goes to tell everyone to go home, so it's not much after that when he unilaterally shuts down the White House nonessential staff. I was a government employee and I went through a shutdown or two - if the shutdown happened at midnight, there's no way on earth a supervisor would tell his people to end their work and go home before the spending authority actually ran out. Sure, they might allow people to leave early or even encourage it; but telling them they're not getting paid "effective immediately" and ordering them to go home isn't happening until the stroke of midnight.

- President Bartlet wants to watch the Providence-Notre Dame basketball game. In the real-life 2003-04 season, Notre Dame's season started the last week of November with non-conference games, and the Fighting Irish did not play Providence until late February.

- In CJ's conversation with Toby as she prepares to brief the press, she mentions there had been an agreement on a "30-day continuing resolution." It was clearly stated in Separation Of Powers that the continuing resolution with the one-percent cut was to last for 60 days, through the holidays until January 3.

- Writer Mark Goffman comes up with some tidy little bits of foreshadowing. When Leo goes to the residence to try to talk the President into making an agreement while he's watching the basketball game, Bartlet says, "The game is won or lost in the last five minutes." While he means the basketball game, it also applies to the eventual solution to the shutdown. Then, when Vice President Russell tries to convince Leo to let him work out a deal, he says, "What do you call a leader with no followers? Just a guy taking a walk." The President taking a walk later turns out to be a key piece of the episode.

- Why'd They Come Up With Shutdown?

The government shut down. With no budget or spending authority agreed to after the previous continuing resolution ran out, the federal government had to stop all non-essential spending.

Quotes    

Donna: "How long do you think it will last?"

Leo: "Hours, probably, maybe a day."

Margaret: "Maybe a couple days?"

Leo: "Maybe."

Margaret: "Maybe a couple weeks?" 

-----

CJ: "Amtrak, the courts, federal prisons, border patrol, National Weather Service, all open, and meat inspectors will remain on the job."

Toby: "Nothing jeopardizes the sanctity of the American hamburger." 

----- 

Josh: "Why don't you just take them on disk?"

Donna: "Because I don't have a computer. Can I take a computer with me?"

Josh: "Not unless you want three federal agents trailing you home."

Donna: "Do I get to pick which three?"

[...]

Josh: "Okay, take my laptop. Start a tally of programs affected by the shutdown, and email it to me as you go. ... Don't read anything in the folder marked 'Private.'"

(Donna stares at him)

Josh (reconsidering): "Don't take my laptop." 

-----

Will: "But it's also a negotiation. You don't shoot a duck for quacking."

Leo: "Are you speaking for the Vice President?"

Will: "The quacking thing kind of gives it away, doesn't it?"

-----

Complaining kid on TV: "It's not fair. We drove all the way from Huntsville to see Grandma, and the Constitution. But the Smithsonian's closed. Now we only get to see Grandma."

(The Constitution is in the National Archives, not the Smithsonian. Also, during past shutdowns the Smithsonian remained open for a time using prior-year funds; in 2018 the museums were able to stay open for eleven days after the government shut down, before eventually furloughing employees and closing their doors.)

 -----

Leo (whispering, as Rena heads to the dumpsters): "Who's that?"

Toby (whispering): "A walking lawsuit."

-----

Josh: "You hear about the NBA rookie who pulled his first rebound the night Wilt Chamberlain pulled 55?"

Donna: "Uhm-mmm."

Josh: "Said it was the proudest day of his life. Together he and Wilt went for 34 points and 56 rebounds."

Donna: "I pulled a rebound?"

Josh: "You pulled 11 million."

Donna: "I'm Wilt Chamberlain?"

Josh: "No, you're the rookie."

Toby: "It is worth noting that Philadelphia lost that game." 

Story threads, callbacks, and familiar faces (Hey, it's that guy!)

• This is the first time we meet the mysterious Rena (Melissa Marsala, also seen in Six Feet Under, Bringing Out The Dead and White Oleander). What program at the Department of Energy does she work for that wasn't affected by the shutdown? We'll have to wait and see, I guess.

• Familiar reporters Mark and Katie are seen in the press room.

• President Bartlet's Notre Dame mug makes another appearance.

• Remember Capitol Beat? Sometimes spelled Capital Beat, depending on which episode you're watching? That's the TV political talk program Josh was on when he got into trouble with religious conservatives in Pilot, and the show Sam was on when he got schooled by Ainsley Hayes in In This White House, and the show that broadcast live from the White House after the State of the Union address in Bartlet's Third State Of The Union and The War At Home. It's still around! Here it is in the background, talking about the political effects of the shutdown.

• We get another Martin Sheen/Jed Bartlet jacket flip. Sheen's left arm was injured at birth, making him unable to lift that arm above his shoulder - so he came up with this method of putting on a jacket.

• Leo says "Our approval's in the 30s." Remember, in the summer after Zoey's kidnapping and rescue, when the administration wanted to name Secretary Berryhill as their Vice Presidential choice in July (Jefferson Lives), President Bartlet's approval rating was around 70 (Leo said to Berryhill, "You're polling in the high 60s. Only the President's doing better."). We're told the economy is heading towards recession; it must indeed be quite an economic downturn for the President's approval to crater nearly 40 points in four months.
  

• Josh's banishment from the war room (and Abbey's eventual question "Jed ... where's Josh?" that results in his return) indicates he's still being punished for his actions that resulted in Idaho Senator Carrick switching parties (Constituency Of One). 
  

• Likewise, Abbey's return (at Leo's behest) reminds us of her departure to New Hampshire after she blamed Jed's decision to kill the Qumari Defense Minister (Posse Comitatus) for Zoey's kidnapping (Commencement through Jefferson Lives, plus a reminder that Abbey asked Jed not to come visit her and Zoey in Manchester in Separation Of Powers).
  

• The entire Zoey kidnapping crisis is recalled when CJ tells Toby the President has "been so out of it since Zoey." We also get a subtle reminder of Bartlet's multiple sclerosis, I think, when CJ asks, "What if it's something else?" (The President's diagnosis was first revealed in He Shall, From Time To Time ... and was a huge part of the final episodes of Season 2. I believe the last actual reference to his health issues affecting him came in Election Night.)
  

• Leo still wears his wedding ring. His wife left him in Five Votes Down, with the divorce becoming final in The Portland Trip.

• When CJ is telling the press about the menu Abbey will prepare for the British Prime Minister, she mentions Colorado beet salad and California green beans. In Galileo it was established President Bartlet doesn't like green beans, and also that Oregon's status as a top producer of green beans was electorally important. 
  

• There have been hints of a bit of conflict between Speaker Haffley and Senate Majority Leader Royce in the past. The first time we met Haffley in Jefferson Lives Royce rolled his eyes at a particularly outrageous statement Haffley made about the Vice Presidential choice. Here we see a couple of other Royce reactions - first, in the Republican war room as Haffley is crowing about having the upper hand over the White House, Royce has a bit of side-eye:

When the President actually arrives at the Capitol, Royce is eager to get out there and not make the President of the United States wait. Haffley, though, continues to overplay his hand to get all his ducks in a row in order to humiliate Bartlet even more ... a plot which is foiled when Josh and the President just walk out. Royce's look at Haffley after that move is yet another example of his growing disdain for the Speaker's hijinks.

• The college tuition tax credit that was a huge part of 20 Hours In America Part Two and College Kids gets a shoutout. While the President tells the staff that the credit isn't a part of this budget agreement, he feels like it has a good chance to survive down the road. Josh and Toby, who were key in coming up with the plan after getting lost in Indiana and talking to the father of an incoming college freshman who wanted things to be "just a little easier," have a neat little reaction to that.

• WHAT'S NEXT moment: After President Bartlet reveals the agreement on the budget to his staff, ending the shutdown, he says, "Okay, Abbey says I have about five minutes before dinner. What's next?" as they gather for an Oval Office meeting at the very close of the episode.

DC location shots    

• The drive (which turns into a walk) from the White House to the Capitol was shot on Constitution and Pennsylvania Avenues. You can see the National Gallery of Art in the background as President Bartlet greets the tourists. (Also note the green foliage on the trees, when it's supposedly November - in the DVD commentary for The Dogs Of War it's mentioned the show made one late-summer trip to DC for location shots that were seen in five or six early-season episodes; this scene almost certainly was included in that group.)

Here the motorcade is actually traveling on Constitution Avenue outside the National Gallery of Art - in reality I can't imagine why they would take this route instead of just going down Pennsylvania Avenue to the Capitol.

 

 

 

You clearly see the Constitution Ave sign here where it intersects with Pennsylvania Avenue. Also, there are heat waves coming off the pavement - just after the press complained about how cold it was outside the White House.

Walking on Pennsylvania Avenue toward the Capitol, with the National Gallery of Art East Building seen on the right.

They Do Exist! It's The Real Person, or Thing    

• The C-SPAN and MSNBC logos appear. 

• We get a good look at Haffley on the cover of Time magazine. Other media outlets mentioned include Newsweek, plus polling by the (Washington) Post/ABC, the (New York) Times/CBS, and Gallup/CNN.

• As everyone realizes the Mess has closed and there's no coffee, CJ says to try Swing's at 17th and G. There is indeed a Swing's Coffee at 1702 G Street NW, just across 17th Street from the Eisenhower Executive Office Building.

• Vice President Russell invokes James Madison in the discussion about how much power the President has over the budget process. Franklin Roosevelt (FDR) also gets remembered when the prospect of delayed Social Security checks is discovered.

• Kinko's gets mentioned.

• CJ says her outfit for the state dinner is by Donna Karan, and also brings up the restaurant chain IHOP as a dinner option for the President and the British Prime Minister.
  

• When CJ tells Josh the networks are going to cover the President's trip to the Capitol live, she says, "Thanks to you they're going to interrupt Days Of Our Lives."
  

• Haffley says something about the Oval Office throwing people off-balance, and that it was "Wyeth's intent to inspire the English notion of -" before he's cut off by the President. This is a good deep dive; while the White House itself was designed by architect James Hoban in the 1790s, it was Nathan C. Wyeth who designed the Oval Office when the West Wing was expanded in 1909.

• Wilt Chamberlain and his NBA-record 55-rebound night in 1960 comes up as Josh congratulates Donna for finding out the shutdown's threat to Social Security checks. Josh's story is just that, a story - the only rookie who played for the Warriors that night, Al Attles, had seven rebounds, not just one.

• There is a bunch of background product placement in this episode:
  

• Starbucks cup and a Krispy Kreme box are seen early in the shutdown
  

• Panda Express boxes are being picked up by Rena
  

• Josh has a McDonalds sandwich box on his desk
  

• Folgers and Quaker Oats logos are seen next to the coffeemaker

• Deer Park water returns, seen often in Season 4

• Goldfish crackers appear in CJ's office (Josh told Danny Concannon in The Short List that CJ liked "goldfish," meaning the snack food; misunderstanding, Danny got an actual goldfish for her)

• Dunkin Donuts and Seattle's Best coffee cups are seen in the GOP war room

• Cans of A&W, Pepsi, and Coca-Cola are being cleaned up by Rena
  

• A Snapple bottle
  

• A bottle of Pellegrino water is seen in the Roosevelt Room
  

End credits freeze frame: The senior staffers gathering to hear the results of the President's meeting with Speaker Haffley.

Previous episode: Separation Of Powers

Next episode: Abu el Banat

Separation Of Powers - TWW S5E7

 

Original airdate: November 12, 2003

Written by: Paul Redford (13) 

Directed by: Alex Graves (17)

Synopsis

• With the Chief Justice of the Supreme Court facing a health crisis, the Bartlet administration hopes to make a move to name a replacement. Zoey's TV interview about her recovery exposes some still-raw feelings from her mother. And Speaker Haffley's strong-arming of budget negotiations finally pushes the President too far.

"You can't do it, Jed. You're not strong enough. The Speaker's running the table. And I can't take a chance." 

We've got a couple of solid storylines in this episode, built with some well-constructed plotting and good dialogue, not to mention some of the most memorable camera work/cinematography of Season 5. I don't think it's coincidental that we get this from Paul Redford's 13th writing credit and Alex Graves' 17th time directing - get a couple of seasoned Sorkin-era pros on the case, and you ought to get a solid West Wing episode out of them. It's also kind of neat that both main plotlines of this episode remain unresolved ... it's made quite obvious that we're going to see payoffs for both the budget standoff with the Republicans and the status of the Chief Justice down the line somewhere.

 

We can dispense the rather minor C-plot quickly: Abbey is still mad at Jed (she blames his order to assassinate the Defense Minister of Qumar in Posse Comitatus as a direct cause of the kidnapping of their daughter Zoey in Commencement). Zoey is getting interviewed by a TV bigshot who's going to bring up Jean Paul's request for Zoey to take ecstasy, CJ goes up to Manchester to help with interview prep, Abbey asks Jed not to come. There we go.

The episode kicks off in the chambers of Supreme Court Chief Justice Roy Ashland, as his clerks debate a case. Ashland (who caused some concern over his mental condition by writing some opinions in verse in Inauguration: Part I and even more concern when he believed a college moot court was the actual Supreme Court in Constituency Of One) starts babbling some confused words, unsteadily rising to his feet (to the dismay of his clerks):

He then collapses just outside his chamber door.

While Ashland has been a dependable progressive on the court and a longtime friend of President Bartlet, reports of his demise (and the chance for the administration to name a new Chief Justice) puts Toby into a surprisingly good mood.

CJ: "You seem ... happy."

Toby: "Excuse me?"

CJ: "Happy. You know, sensation your fellow mammalians occasionally experience."

Toby then outlines the reasons why the White House needs a big win, something a new Supreme Court justice could provide. 

Toby: "Haffley's treating the discretionary budget like a chew toy. We're about to cave on tax cuts for billionaires and who the hell knows what else Angela Blake is giving away in there. But you know what? We're going to appoint a new Chief Justice. Breath new life into the Constitution. Do you know how rare that is? The last five guys didn't get to do it. We're gonna shape the future of jurisprudence, the laws that sustain our whole society, or shove somebody in there to strike down these God-awful excuses for laws the Republicans are passing."

(An aside: much as with Ketanji Brown Jackson's 2022 confirmation to the Court to succeed Stephen Breyer, any Bartlet nominee to replace Ashland would only be keeping the status quo, not "shaping the future of jurisprudence" or "breathing new life into the Constitution." Ashland was a liberal, any Bartlet nominee would be similar - it wouldn't change the shape of the court. Getting the chance to replace a justice with one holding opposite views - say, Amy Coney Barrett stepping in for Ruth Bader Ginsburg - now, that's where you can shape the court and change the future.)

But Toby's good mood can't last. Will has news.

Will: "Ashland regained consciousness. Seems it was only exhaustion and his doctors say he'll make a full recovery." 

The concerns about Ashland's mental state still remain, even as he survives whatever attack he suffered, and Toby (among others in the White House, even the President) are starting to think about asking him to step down, to give the administration a chance to name his successor before it becomes an issue in the midterms or the Republicans get back in the Oval Office. There's a little problem, though - the Constitution lays out the three branches of the federal government (executive, legislative, and judicial) as separate and equally powerful. No one branch can exert any authority over either of the other two - the President asking a Supreme Court justice to step down would be a huge violation of this governmental structure.

But, they're going to delicately dance around the subject anyway. Enter Joe Quincy - remember him, the guy who interviewed for the associate White House counsel position in Evidence Of Things Not Seen and during his first day on the job sleuthed out the trail of phone calls and leaked secrets that led to Vice President Hoynes' resignation in Life On Mars? Turns out he clerked for Chief Justice Ashland back in the day, and Toby goes to him to see if he might help in establishing contact between Ashland and the President.

Quincy is adamantly opposed. He not only stands by the Constitution, he also respects Ashland too much to even bring up the topic. Toby keeps pushing, suspecting that the judge's condition is worse than is being reported, and he makes a deal.

Toby: "Let's go over there together right now, you and me."

Quincy: "To the hospital?"

Toby: "He'll see you. You tell me he's okay, and I'll call off the vultures."

As it turns out, Ashland is not okay.

 Quincy is visibly stricken by the state of his mentor, but he can't let Toby know the truth.

Toby: "What did he say? Or can he even speak?"

Quincy: "He's fine, Toby. He was up, joking. He'll be back in chambers in a couple of days."

But after sleeping on it, Quincy realizes the country, the nation's top court, and the state of the government itself may be at some risk. The other justices are already reassigning cases and delaying arguments to deal with the ailing Chief Justice. He goes back to visit Ashland, once he's awake, to talk things through. And the Chief Justice, perhaps recognizing his own deterioration, makes the decision to come to the White House.

That plotline will merge with the next one eventually, so let's begin ...

Speaker Haffley and the Republicans in charge of Congress are running roughshod over the White House. In Jefferson Lives they gave the President a list of the only candidates they'd agree to quickly confirm as Vice President, and Bartlet meekly agreed. In Constituency Of One we were told they defeated a stimulus bill the administration hoped would ease a potential oncoming recession, and used Josh's bullying tactics on a Democratic Idaho Senator as an opportunity to flip that Senator to the Republican Party. Now budget negotiations are going on, as the deadline for the government's spending authority rapidly bears down on them.

Angela Blake is having a tough time dealing with the Republicans in the budget meetings (Leo rather smugly announced "She's going to lead them" in Disaster Relief, yet now when Will asks him if she's in over her head all he can say is, "It was already a mess"). She comes to the senior staff meeting with a possible path to a solution - the GOP says they'll consider dropping their demands for a capital gains tax cut if the administration agrees to give up college tuition deductibility.

This hits Toby and Josh right where they live. It was their idea, one they came up with in College Kids after their late-night meeting with Matt Kelly in an Indianapolis airport hotel bar in 20 Hours In America, Part Two. It was a linchpin of President Bartlet's campaign, a key promise leading to his re-election ... and now they're supposed to give it up? Reluctantly, after extracting a promise from Angela that this could actually help reach an agreement, President Bartlet puts it on the table.

And then the Republicans renege. No, they claim, the cap-gains tax cut is now non-negotiable, it must be part of the new budget agreement, and the losses in revenue from that cut mean the tuition deductibility is gone for nothing. They walk out of the meetings, forcing Angela to come up with another continuing resolution to keep the government funded for another two months - but as part of the deal, the adminstration has to swallow a one-percent cut in all non-defense spending.

Josh - who typically would be in charge of these negotiations, at least before his demotion after Senator Carrick switched parties - cannot believe what he sees as the White House rolling over for the Republican Congress.

Josh: "How could this happen?"

Leo (warning): "Josh ..."

Josh: "No, Leo. How is this acceptable? Haffley's not the Prime Minister. You take this to the President, you know what he'll say?"

Leo: "He'll say yes."

And Josh, who's been trying to take his medicine and deal with his reduced responsibilities in a positive way, finally reaches the end of his rope with what he sees as Angela's botching of the negotiations.

Josh: "At least be ..."

Angela (tersely): "What?"

 Josh: "I don't know. Embarrassed."

When Donna tries to explain, Josh takes it personally, as if the GOP's seemingly unlimited power over the administration is all his fault for losing a Senator. As Angela continues to try to defend her actions, he stalks away, somewhat arrogantly.

 And we hurtle to the climax of the episode, as a storm gathers outside, thunder rolling, the lights in the White House flickering. The Chief Justice arrives for his unprecedented Oval Office visit.

At almost the same time, the Republicans arrive, led by Speaker Haffley and the Senate Majority Leader.

As Ashland talks with the President in the Oval Office, he doesn't agree that it's time to step down. In a scene reminiscent of retiring Justice Crouch chewing out President Bartlet for being too moderate in The Short List, Ashland ruefully tells Jed he's too weak politically. He's not in a strong enough position to get a fitting replacement confirmed, and therefore, he's not leaving.

Ashland: "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."

And he strikes deep at Bartlet's political position:

Ashland: "You can't do it, Jed. You're not strong enough. The Speaker's running the table. And I can't take a chance."

The chastened President heads to the Roosevelt Room, ready to reluctantly accept another continuing resolution with a one-percent cut. And then, in a scene that shows off a lot of directorial and cinematographic talent, with uncharacteristic extreme close-ups and a shaky hand-held camera, Haffley pulls yet another switcheroo.

Haffley: "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."

The President is stunned. They had an agreement, an agreement made out of weakness that the administration felt forced to swallow, and now Haffley is twisting the knife and using what he sees as unlimited leverage to change the deal and make the Democrats suffer even more.

Haffley insists there's no more negotiations, this is the last offer.

President: "No."

Haffley is surprised by this pushback. Everyone stands. This will be on you, he says, and the government's authority to spend money ends at midnight.

Haffley: "Let's be clear, sir. We can not, we will not vote to keep on footing the bill. You will be held responsible for shutting down the federal government."

 And let's face it, this gives us one of the epic quotes from Season 5.

President: "Then shut it down."

Boom. The screen goes dark as we hear the sound of a giant switch being shut off. 

President Bartlet, spurred by the words of an ailing Chief Justice, finds the strength to stand up against the demands of a steamrolling Republican Congress. Will it be a winning strategy? Who gets the blame for shutting down the government? Which side will the public support?

Tune in next week ... at least that's what they said in 2003.

 

Tales Of Interest!

- I think we are in early November here. Several times it's mentioned the continuing resolution to keep the government funded through the holidays (confirmed as January 3 by Angela at the final meeting) will last for "two months."

- Let's talk a bit about past administrations and the history of Presidents in The West Wing universe. Joe Quincy says Justice Ashland has served under six administrations and 22 Congresses, and Toby confirms the number of administrations by saying "the last five guys" hadn't been able to name a Chief Justice. Okay -- Congresses are for two years. If we stretch things to say Ashland was confirmed at the end of one Congress, and we are halfway through the current congressional term, let's make it 42 years. That places Ashland's arrival on the Supreme Court at 1961, which would have been John F. Kennedy's administration. Kennedy's name has been mentioned a bunch during the series, so his presidency is basically confirmed in this universe. If we work backwards from Bartlet, he's serving a second term (first elected in 1998). He defeated a one-term Republican President who was elected in 1994; we know he was a Republican because Justice Crouch said he waited five years to retire from the Supreme Court until a Democrat was President (The Short List) and we know he was a one-termer because Leo was Secretary of Labor under a Democratic President in 1993 (In Excelsis Deo). If we accept the West Wing two-year shift of Presidential elections from reality, and start that in 1962 just for grins, and every President except Bartlet's predecessor served a full two terms (not likely, given history, but let's go with it) - that's still seven administrations (Kennedy, then 1962-70, 1970-78, 1978-86, 1986-94, one GOP term 1994-98, then Bartlet in 1998). Maybe Joe and Toby aren't counting Kennedy in order to get to six. They're obviously not counting Walken's two-day term in office, either.

I've talked a bit before about how real-life Presidents fit into the West Wing universe, including the one theory that sets up a situation where after Nixon's resignation in 1974 a new election was called to reset the timeline to fit where elections happen in the series. If that was the case, Toby's numbers don't work out at all (you'd have Kennedy, LBJ, and Nixon, then at least four other Presidents before Bartlet, making a total of eight administrations since Ashland's confirmation). LBJ has been brought up a couple of times in the series, but I don't think it's ever been fully confirmed he was President. Similarly, Nixon's name has been mentioned twice, once as Eisenhower's Vice President (17 People) and once (in passing) in connection with getting pandas from China (Six Meetings Before Lunch), so that doesn't necessarily mean Nixon was ever President, either. Leo does mention "hippogate" in this episode (because of Toby breaking a researcher's hippo-styled mug), which implies there must have been an event like Watergate that occurred sometime in this universe, but that's not helpful with figuring out the list of past Presidents.

Anyway, we know Kennedy was President in this timeline. Then there have been at least five other Presidents between him and Bartlet's election, possibly more. We'll get to meet a few of these guys in the upcoming The Stormy Present.

- Director Alex Graves knows how to make things look really cool. The arrival of Chief Justice Ashland at the White House is one of the most visually striking scenes in series history, with the strong, focused downlighting pooling on the floor as Ashland is wheeled inside.

I also give a shout-out to the energetic movement of both the camera and the characters as the Republicans arrive, sliding back and forth from the congressmen striding down the hall and Josh and Donna flanking them around to the communications bullpen. And then there's the shaky hand-held camera used for the climactic scene in the Roosevelt Room, as Jed finally stands up to Haffley and exerts his authority ... really good stuff.

- We see Gail's fishbowl on CJ's desk, but it's hard to see what's in there. One site says it's a book with a black cover, perhaps to represent the Constitution. It does appear to be a book or diary of some kind.

- Matthew Perry was nominated for an Emmy in the Guest Actor in a Drama Series category for his performance in this episode. Perry had also been nominated in that category in Season 4, for appearances in Evidence Of Things Not Seen and Life On Mars. William Shatner would take the 2004 Emmy for his role as Denny Crane in The Practice.

- Why'd They Come Up With Separation Of Powers?

The Constitution sets up the United States government with three separate branches, the executive, the legislative, and the judicial. Each branch is separate, and no branch has the power to control what the other branches do - so the idea of the White House (executive branch) exerting pressure on the Chief Justice (judicial branch) would violate that constitutional "separation of powers."

Quotes    

Toby (coming up with statement about Ashland's death): "Okay, here it is. 'Chief Justice Roy Ashland may not be enlarged in death beyond what he was in life: an idealist, not an icon; a man, not a monument; a believer in the irreducible power of the law to shape our society.'"

CJ: "Okay, but I gotta be careful about saying 'man.'"

Toby: "Why? (sees CJ's look, stops) Oh, come on!"

CJ: "You'd be surprised. I get letters."

Toby: "Fine. Human being, then, or do the other mammals complain?" 

-----

Donna: "See, here's what I don't get. Every year we take these continuing resolutions like the dog ate our homework --"

Josh: "The Republican majority, but you're close."

Donna: "How come people aren't outraged? The rest of the country can't take endless amounts of time to finish their work."

Josh: "Well, you're forgetting the beauty of the federal budget process."

Donna: "What's that?"

Josh: "No one understands it." 

----- 

Toby: "It's time to get Ashland off the bench, Leo."

Will: "There's this thing called the Constitution? It's a nagging little document, I'll grant you, but --" 

-----

President: "Two hundred billion dollar deficit and Haffley wants tax cuts. Take away a few zeroes and he'd pass for a mob accountant."

-----

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

Toby: "I see."

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

----- 

Angela: "How do you think we're doing?"

Donna: "Me? I don't --"

Angela: "You're an American citizen. You pay taxes, consume government services."

Donna: "I think ... our side has done a bad job explaining that what we're fighting for is important. It's not about abstract programs and endless acronyms, but real things that affect real people, like affording college." 

-----

CJ: "Mrs. Bartlet ... may I say, we miss you."

Abbey: "That's very kind. Please don't be offended if I say I don't miss you." 

 

Story threads, callbacks, and familiar faces (Hey, it's that guy!)

• Milo O'Shea (The Verdict, St. Elsewhere, Barbarella, the 1968 Franco Zeffirelli version of Romeo & Juliet) appears as Chief Justice of the Supreme Court, for the first time given the name Roy Ashland. The subject of the Chief Justice's fading cognitive abilities was first mentioned in Inauguration: Part I when he wrote some opinions in verse, then again in Constituency Of One when he mistook a moot court at NYU for the actual Supreme Court. The Chief Justice was also present (but his face was not seen onscreen) for the actual inauguration; other instances of most of or the entire court being shown onscreen occurred in Take This Sabbath Day and The Red Mass - but Ashland/O'Shea was not present in either case. (O'Shea's appearances here and in the upcoming The Supremes were actually his final onscreen acting credits; he died in 2013.)

• You might have seen the actress playing Ashland's clerk Lisa Zimmer on TV before. Amy Stewart has appeared in Private Practice, Desperate Housewives, NCIS: Los Angeles, and (naturally) ER, which has been kind of a pipeline to The West Wing, given John Wells' producing involvement in both shows.

• Joe Quincy, played by Matthew Perry (Friends, Studio 60 On The Sunset Strip, The Whole Nine Yards) is back. We saw Quincy's interview for the associate White House counsel position in Evidence Of Things Not Seen, and his first day on the job ending in the resignation of Vice President Hoynes in Life On Mars.

• House Speaker Jeff Haffley (Steven Culp) and Senate Majority Leader Robert Royce (H. Richard Greene) are seen again. Haffley has been on the show's radar since being mentioned as a possible candidate for Speaker in 7A WF 83429, and was first seen in Jefferson Lives; Royce was actually a member of the House in On The Day Before, but then revealed as Senate Majority Leader in Jefferson Lives.

• Talk of the researchers quitting under Toby makes me think of Will's interns Lauren, Lauren, Lauren, and Cassie (first seen in The California 47th). They seemed to be pretty committed to their jobs - why aren't they stepping in after Will's departure to the VP's staff? Or are they the researchers who are quitting?

• Diane Mathers' interview with Zoey brings back the events from the night of her kidnapping (Commencement), including her talk with Charlie where she told him Jean-Paul wanted her to try ecstasy.

• Leo puts Toby in charge of talking Chief Justice Ashland into retiring, since he's been asking for more responsibility (first brought up in Han).

• The campaign promise of college tuition deductibility is recalled, which we saw developed in 20 Hours In America, Part Two and College Kids. Donna tells the entire story to Angela, including a mention of Matt Kelly, the St. Louis dad whose talk with Josh and Toby at an Indianapolis airport hotel bar led to the plan in the first place.

• There's an allusion to Josh being blamed for his mishandling of Senator Carrick and his switching parties (Constituency Of One) - when Josh and Angela are going back and forth about the budget negotiations, Donna tells him not to blame her, saying, "You know the hand she was dealt." Which causes Josh to respond, "You're saying it was me?"

• Also, what happened to Donna's "what a shame" folder from the previous episode? Shouldn't Josh have a long list of initiatives he could be taking the lead on, instead of dealing with the President's travel schedule and griping about Angela Blake's negotiating skills? Not to mention all the effort Donna put into turning Josh's mood around, which seems to have simply vanished in this episode.

• Toby tells Joe he saw Chief Justice Ashland speak at City College (of New York) when Toby was a student there. We saw him wearing a CCNY sweatshirt in The Crackpots And These Women, and has had a CCNY mug on his desk as well.

• We've seen President Bartlet chastised by a Supreme Court justice for not being bold enough before - the retiring Justice Crouch tore into the President in The Short List ("I wanted to retire five years ago. But I waited for a Democrat. I wanted a Democrat. And instead I got you.").

• WHAT'S NEXT moment: After Speaker Haffley insists on a three percent spending cut in the continuing resolution instead of the agreed-upon one percent, the lights flicker as thunder rumbles ... and President Bartlet responds, "What's next?"

President: "In two months ... five percent? Fifty? How many rounds do we go, Jeff? I'm just asking."

Haffley: "There is no 'next,' sir."  

DC location shots    

• None. While there is a George Washington University Hospital sign on a wall when Joe and Toby go to visit Ashland, the scene shot outside at the emergency room entrance is nothing like the actual GWU Hospital.

The George Washington University Hospital sign

The scene shot with Toby and Joe outside the emergency room entrance

The actual GWU Hospital emergency entrance

They Do Exist! It's The Real Person, or Thing    

• Ashland's clerks open the episode with references to Korematsu (Korematsu v. United States), a 1944 Supreme Court decision that held that President Franklin Roosevelt's executive order sending Japanese-Americans to internment camps during World War II was legal. The clerks make the point that the decision has not been overturned, which was true in 2003 and is still technically correct; however, in 2018's decision Trump v. Hawaii, Chief Justice John Roberts stated Korematsu was "gravely wrong the day it was decided" and "has no place in law under the Constitution."

• One of the clerks also brings up Dred Scott (Dred Scott v. Sandford), an 1857 decision that held slaves were property, not persons. That decision was overridden by the 14th Amendment, ratified in 1868.

• We see the logos of MSNBC and C-SPAN on televisions.

• Donna says Josh's sinus medicine made him so loopy he sang the lyrics to "Bye, Bye, Miss American Pie" (the song's title is actually "American Pie"). Josh retorts by saying he sang Harry Chapin instead.

• Diane Mathers is an interviewer with ABC; I'm guessing she's meant to represent Diane Sawyer. The CNN network also is mentioned, as well as the AP, the (Washington) Post, the (New York) Times, and the CNN show Crossfire (Lisa has seen Toby on that program).

• Toby says his grandfather thought the Hapsburgs still ruled in Vienna in his final years. The Hapsburg (or Habsburg) Empire came to an end with Austria-Hungary's defeat in World War I in 1918.

• Toby has a Starbucks cup in the Oval Office.

• Angela tells Josh she'll owe him a swordfish steak dinner at Kinkead's for loaning her Donna. Kinkead's was a fine-dining restaurant just a few blocks from the White House that closed in 2012.

• Charlie gives CJ a Macy Gray CD to bring to Zoey (Gray's album The Trouble With Being Myself was released earlier in 2003); John Philip Sousa also gets brought into the musical conversation.

• In Joe's argument with Toby he compares the administration's tactics in trying to get Ashland to retire to the corruption of Tammany Hall.

• Chief Justice Ashland has a roll call of real-life (deceased) judges he thinks would be worthy replacements on the Supreme Court: Oliver Wendell Holmes, John Marshall, Thurgood Marshall, Louis Brandeis, Harry Blackmun, and William O. Douglas.

End credits freeze frame: President Bartlet greeting the Chief Justice in the Oval Office.

Previous episode: Disaster Relief

Next episode: Shutdown