Supreme Court of the United States in fiction
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Like many institutions that draw public interest, the Supreme Court of the United States has frequently been depicted in fiction, often in the form of
legal drama A legal drama is a genre of film and television that generally focuses on narratives regarding legal practice and the justice system. The American Film Institute (AFI) defines "courtroom drama" as a genre of film in which a system of justice play ...
.John B. Owens, "Review: The Simple Truth about 9 Scorpions and The Tenth Justice: Supreme Court Law Clerks in Legal Suspense Novels", ''California Law Review'', Vol. 88, No. 1 (January 2000), p. 233-258. While early depictions of the Supreme Court in fiction tended to be reverential, over time depictions became more critical and melodramatic. In some instances, real decisions rendered by real courts are dramatized, as in ''
Gideon's Trumpet ''Gideon's Trumpet'' is a 1964 book by Anthony Lewis describing the story behind the 1963 landmark court case ''Gideon v. Wainwright'', in which the Supreme Court of the United States ruled that criminal defendants have the right to an attorney ...
'' and the seminal trial in ''
The People vs. Larry Flynt ''The People vs. Larry Flynt'' is a 1996 American Biographical film, biographical drama film directed by Miloš Forman, chronicling the rise of pornographer Larry Flynt and his subsequent clash with religious institutions and the law. It stars Wo ...
''. Other depictions are purely fictional, but center on realistic issues that come before the court. Despite the comparative dearth of material on the Supreme Court in popular culture as compared to other branches of government, such depictions are "the primary source of the public's knowledge about the legal system as a whole, including the Supreme Court".Adam Burton, "Pay No Attention to the Men behind the Curtain: The Supreme Court, Popular Culture, and the Countermajoritarian Problem", '' UMKC Law Review'', vol. 73, no. 1 (Fall 2004), p. 53-82.


Reactions to different media

Court-centered fiction has been distinctively more successful in some media than others. For example, author Anthony Franze explained in an essay in '' The Strand'' the allure of writing fictional novels set in the Supreme Court, noting that as a location it has "an air of mystery", as well as interesting characters, a unique language, history, and tradition, and that it provides "a backdrop of unparalleled stakes". On the other hand, television series centered on dramatizing the happenings of the court have proven to be short-lived, and have tended to receive overall negative critical reaction.TV Reviews: 'First Monday' guilty of mediocrity
15 January 2002
FIRST MONDAY!! Talk Back!!
15 January 2002.
One reason that has been suggested is that the Supreme Count is a
court of appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
, whereas most legal drama portrays
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s. Appeals may appear "bookish" in contrast to the theatrical storytelling of trials, especially juries. Furthermore, American audiences are not very knowledgeable about or interested in the Supreme Court.


Literature

Fictional accounts of the Supreme Court began with literary works. Of these it has been noted by Maxwell Bloomfield that "the earliest glimpses of the Court in American fiction occur as set pieces in satirical travelogues", with characters visiting the
United States Capitol The United States Capitol, often called The Capitol or the Capitol Building, is the seat of the legislative branch of the United States federal government, which is formally known as the United States Congress. It is located on Capitol Hill ...
(which initially housed the Supreme Court), wherein "the furniture is described in greated detail than the Justices, who are pictured as emblems of republican virtue: aged, wise, and serene beings who are capable of listening to boring arguments for days without murmur".Maxwell Bloomfield, "The Supreme Court in American Popular Culture", in Kermit L. Hall ed., ''The Supreme Court in and of the Stream of Power'' (2000), p. 83-95. Bloomfield describes as representative of these works the 1822 George Watterston comic novel ''The L— Family at Washington; or, A Winter in the Metropolis'', which provides descriptions of the courtroom and Justices Marshall and Washington, stating of the court, "its organization is as perfect as it can be, so far as it concerns its independence, the most important and excellent principle in the constitution of all judiciary establishments". An uncharacteristically negative depiction for its time was presented in the 1836 Nathaniel Beverley Tucker novel, '' The Partisan Leader'', set in 1849 and depicting a corrupt
Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...
using "the servile Judge hilipBaker of the Supreme Court" as a tool through which to exercise power.Kermit L. Hall, James W. Ely Jr., and Joel B. Grossman, Eds., ''The Oxford Companion to the Supreme Court of the United States, Second Edition'' (2005), p. 760-64. Early depictions of the court demonstrated a lack of knowledge of its procedures and internal administration. This was generally the tenor of mentions of the court in literature throughout the 19th century, a notable exception being the 1897 novel ''Waiting for the Signal'' by Henry O. Morris, in which the court is criticized as a tool for the wealthy to exercise power. In the novel, "through its subservience to corporate wealth the Court unwittingly starts a revolution" by deeming labor organizations illegal under the
Sherman Antitrust Act The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author. ...
, leading to the writing of a new constitution. In 1901, the court decided the
Insular Cases The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars also include cases regarding territorial status decided up unt ...
, issuing convoluted and deeply divided opinions with the net effect that the Constitution did not follow the flag. American journalist and humorist
Finley Peter Dunne Finley Peter Dunne (born Peter Dunne; July 10, 1867 – April 24, 1936) was an American humorist, journalist and writer from Chicago. In 1898 Dunne published ''Mr. Dooley in Peace and in War'', a collection of his nationally syndicated Mr. Dooley ...
, through his cartoon character,
Mr. Dooley Mr. Dooley (or Martin J. Dooley) is a fictional Irish immigrant bartender created by American journalist and humorist Finley Peter Dunne. Dooley was the subject of many Dunne columns between 1893 and 1915, and again in 1924 and 1926. Dunne's ess ...
, took advantage of the opportunity to puncture the court's ivory-tower reputation, writing "no matther whether th' constitution follows th' flag or not, th' Supreme Court follows th' iliction returns. The 1907 novel ''The Radical'', by Isaac Kahn Friedman depicted a justice as having been "inexorably conditioned by his socioeconomic background" to find laws prohibiting child labor unconstitutional. The 1910 Robert Herrick novel, ''A Life for a Life'', "portrayed the Justices as ancient logic-machines, programmed to respond only to the legal formulae of a preindustrial age". In the 1937 musical, ''
I'd Rather Be Right ''I'd Rather Be Right'' is a 1937 musical with a book by Moss Hart and George S. Kaufman, lyrics by Lorenz Hart, and music by Richard Rodgers. The story is a Depression-era political satire set in New York City about Washington politics an ...
'', with a
book A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physi ...
by
Moss Hart Moss Hart (October 24, 1904 – December 20, 1961) was an American playwright, librettist, and theater director. Early years Hart was born in New York City, the son of Lillian (Solomon) and Barnett Hart, a cigar maker. He had a younger brother ...
and George S. Kaufman and lyrics by Lorenz Hart, President
Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
attempts to balance the budget to help Peggy Jones ( Joy Hodges) and her boyfriend Phil (Austin Marshall), who needs a raise in order for them to get married. The Supreme Court justices intercede and declare each of Roosevelt's attempted solutions unconstitutional, ultimately declaring even the constitution itself unconstitutional, and deeming the court itself to be the only thing still constitutional. Several novels and plays produced in the 1960s and 1970s presented character studies of fictional Supreme Court justices, including the 1963
Andrew Tully Andrew F. Tully Jr. (October 24, 1914 - September 27, 1993) was an American war reporter, writer and columnist. He also wrote some 18 fiction and non-fiction books, translated in multiple languages. As a war reporter for the ''Boston Traveler'', h ...
novel, ''Supreme Court'', the 1966
William Woolfolk William Woolfolk (June 25, 1917 – July 20, 2003) was an American writer known for his range of writing output, having achieved success in the areas of comic books, novels, and television screenwriting. A graduate of New York University, Woolfolk ...
novel, ''Opinion of the Court'', the 1972 Jay Broad play, ''A Conflict of Interest'', the 1973 Henry Denker novel, ''A Place for the Mighty'', the 1979
Jerome Lawrence Jerome Lawrence (born Jerome Lawrence Schwartz; July 14, 1915 – February 29, 2004) was an American playwright and author. After graduating from the Ohio State University in 1937 and the University of California, Los Angeles in 1939, Lawrence pa ...
and Robert E. Lee play, ''
First Monday in October ''First Monday in October'' is a 1978 play by Jerome Lawrence and Robert E. Lee. The title refers to the day on which the United States Supreme Court traditionally convenes following its summer recess. Productions The play premiered on Broadway ...
'', and the 1979 Walter F. Murphy novel, ''
The Vicar of Christ ''The Vicar of Christ'' is a bestselling 1979 novel by Walter F. Murphy. The novel tells the life story of the fictional Declan Walsh, who at various stages of his life is a Medal of Honor recipient for actions during the Korean War, Chief Justic ...
''. Maxwell Bloomfield describes the "common format" of these works as follows: In ''The Vicar of Christ'', the main character, Declan Walsh, follows a particularly improbable course. Beginning as a decorated war hero in the Korean War, he" becomes successively dean of a law school, chief justice of the Supreme Court, a Trappist, monk, and finally
pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
". In addition to the legal and operational dimensions, Bloomfield notes that these works tend to introduce some kind of romantic or sexual tension or scandal that humanizes the judges, and that the stories often involve judges at odds coming together to defend the institution of the court from external criticism. More recent literature involving the Supreme Court has tended to come in the genre of
legal thriller The legal thriller genre is a type of crime fiction genre that focuses on the proceedings of the Criminal investigation, investigation, with particular reference to the impacts on courtroom proceedings and the lives of characters. The courtroom ...
s and murder mysteries, such as '' Murder in the Supreme Court'' (1982), by
Margaret Truman Mary Margaret Truman Daniel (February 17, 1924 – January 29, 2008) was an American classical soprano, actress, journalist, radio and television personality, writer, and New York socialite. She was the only child of President Harry S. Truman a ...
, ''
The Pelican Brief ''The Pelican Brief'' is a legal-suspense thriller by John Grisham, published in 1992 by Doubleday. It is his third novel after '' A Time to Kill'' and ''The Firm''. Two paperback editions were published, both by Dell Publishing in 1993. A na ...
'' (1992), by
John Grisham John Ray Grisham Jr. (; born February 8, 1955 in Jonesboro, Arkansas) is an American novelist, lawyer and former member of the 7th district of the Mississippi House of Representatives, known for his popular legal thrillers. According to the Ame ...
, and '' The Tenth Justice'' (1997), by
Brad Meltzer Brad Meltzer (born April 1, 1970) is an American novelist, non-fiction writer, TV show creator, and comic book author. His novels touch on the political thriller, legal thriller and conspiracy fiction genres, while he has also written superher ...
. These works tend to begin with the murder of someone connected to the Court—typically a justice or an important Court employee. As the mystery is unraveled, this turns out to be part of a much larger conspiracy to influence the outcome of a decision with national implications. ''The Pelican Brief'' in particular popularized the concept that nefarious forces might plot to remove a justice from the court for the purpose of changing the outcome of a matter before it. Christopher Buckley, in his 2008 novel, '' Supreme Courtship'', presents a less common genre, a romantic comedy in which "his protagonist, the folksy television judge Pepper Cartwright, not only joins the Supreme Court but also marries its unhappy Chief Justice, Declan Hardwether, giving the novel the traditional comedic ending of marriage".


Film

Among the earliest films with a focus on a justice of the Supreme Court is the 1942 film, '' The Talk of the Town'', starring
Cary Grant Cary Grant (born Archibald Alec Leach; January 18, 1904November 29, 1986) was an English-American actor. He was known for his Mid-Atlantic accent, debonair demeanor, light-hearted approach to acting, and sense of comic timing. He was one o ...
,
Jean Arthur Jean Arthur (born Gladys Georgianna Greene; October 17, 1900 – June 19, 1991) was an American Broadway and film actress whose career began in silent films in the early 1920s and lasted until the early 1950s. Arthur had feature roles in three F ...
, and Ronald Colman.Laura Krugman Ray, "Inside the Marble Palace: The Domestication of the Supreme Court", 12 Green BAG 2d 321 (2009) (reviewing Christopher Buckley, ''Supreme Courtship'' (2008)). In the film, Colman plays distinguished law professor Michael Lightcap, who has just learned that he is to be nominated to the Supreme Court. Grant plays Leopold Dilg a radical fugitive who takes refuge at the home of Jean Arthur's character, Nora Shelley, which is being rented by Lightcap. The film sets up a comedic love triangle with Dilg and Lightcap competing for Shelley's affection, and culminates with Lightcap being appointed to the court. An examination of the film in the context of reviewing court-related fiction notes that in addition to the romantic contest between the male leads, there is a philosophical one between Lightcap as "a Supreme Court nominee who views the law as a rational construct distinct from what he dismisses as the 'small emotions' of ordinary life, and Leopold Dilg, a vibrant, iconoclastic activist who believes that Lightcap must be 'thawed' before he can be trusted to join the Court". This emotional reform is demonstrated when Shelley visits Lightcap in his chambers and he tells her that his dream of 20 years has been realized, and suggests that Shelley should marry Dilg. Both Dilg and Shelley attend court at the first seating of Lightcap as an associate justice. The 1981 film version of the play, ''
First Monday in October ''First Monday in October'' is a 1978 play by Jerome Lawrence and Robert E. Lee. The title refers to the day on which the United States Supreme Court traditionally convenes following its summer recess. Productions The play premiered on Broadway ...
'', presented a story about the first woman on the Supreme Court. The film came out the year Sandra Day O'Connor became the first woman on the court. The film was based on a Broadway production which had opened in 1978, and starred
Jane Alexander Jane Alexander (née Quigley; born October 28, 1939) is an American actress and author. She is the recipient of two Primetime Emmy Awards, a Tony Award, and nominations for four Academy Awards, and three Golden Globe Awards. From 1993 to 19 ...
as the central Justice Ruth Loomis. In the film, "the conservative new appointee Ruth Loomis and the venerable liberal lion Dan Snow, spar over the law", but "appear to be sliding toward a romantic relationship in the manner of conventional Hollywood comedies". The film, however, "chooses instead to have Ruth and Dan discover that their jurisprudential disagreements are a vital source of judicial strength rather than a prelude to romance", with Snow convincing Loomis not to resign from the court over unethical conduct revealed to have been engaged in by her deceased husband. In 1980, the workings of the court were portrayed in the television film, ''
Gideon's Trumpet ''Gideon's Trumpet'' is a 1964 book by Anthony Lewis describing the story behind the 1963 landmark court case ''Gideon v. Wainwright'', in which the Supreme Court of the United States ruled that criminal defendants have the right to an attorney ...
'', dramatizing the case of ''
Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...
'', which secured the right to counsel for the indigent. A 1991 television film, ''
Separate but Equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protec ...
'', "celebrated the Court's decisions ending segregation" in the 1954 case of ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
'', and the 1996 film, ''
The People vs. Larry Flynt ''The People vs. Larry Flynt'' is a 1996 American Biographical film, biographical drama film directed by Miloš Forman, chronicling the rise of pornographer Larry Flynt and his subsequent clash with religious institutions and the law. It stars Wo ...
'' portrays the court in a positive light in its decision protecting the First Amendment rights of pornographer
Larry Flynt Larry Claxton Flynt Jr. (; November 1, 1942 – February 10, 2021) was an American publisher and the president of Larry Flynt Publications (LFP). LFP mainly produces pornographic magazines, such as ''Hustler'', pornographic videos, and three por ...
in parodying Jerry Falwell. The court is thus presented as "defender of the Constitutional rights of even unpopular causes or despicable characters". The 2013 HBO television film, ''
Muhammad Ali's Greatest Fight ''Muhammad Ali's Greatest Fight'' is a 2013 American television drama film about boxer Muhammad Ali's refusal to report for induction into the United States military during the Vietnam War, focusing on how the United States Supreme Court decided ...
'', provided a partly fictionalized depiction of the Supreme Court's deliberations in the case of ''
Clay v. United States ''Clay v. United States'', 403 U.S. 698 (1971), was Muhammad Ali's appeal of his conviction in 1967 for refusing to report for induction into the United States military forces during the Vietnam War. His local draft board had rejected his applic ...
'', in which the court threw out the criminal conviction of Muhammad Ali for refusing to report for
induction Induction, Inducible or Inductive may refer to: Biology and medicine * Labor induction (birth/pregnancy) * Induction chemotherapy, in medicine * Induced stem cells, stem cells derived from somatic, reproductive, pluripotent or other cell t ...
into the United States military during the
Vietnam War The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
. The film was based on the 2000 book ''Muhammad Ali's Greatest Fight: Cassius Clay vs. the United States of America'' by
Howard Bingham Howard Leonid Bingham (May 29, 1939December 15, 2016) was a biographer of Muhammad Ali and a professional photographer.Deford, FranYou don't know Muhammad Ali until you know his best friend''Sports Illustrated''. March 11, 2016 Bingham was born in ...
and Max Wallace. Hank Stuever of ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' commented that the film, focused as it was on the behind-the-scenes legal discussion of the Supreme Court's justices and law clerks, and depicting one of Justice Harlan's law clerks (a character that was "a fictional composite of several clerks") as playing a central role in the court's decision to free Ali, was at times "too much like a substandard episode of '' The Paper Chase''" and "more
Wikipedia Wikipedia is a multilingual free online encyclopedia written and maintained by a community of volunteers, known as Wikipedians, through open collaboration and using a wiki-based editing system. Wikipedia is the largest and most-read refer ...
entry than story, as characters speak to one another in long paragraphs of legal exposition". ''The Post'' did have positive comments about the lead performances of
Christopher Plummer Arthur Christopher Orme Plummer (December 13, 1929 – February 5, 2021) was a Canadian actor. His career spanned seven decades, gaining him recognition for his performances in film, stage, and television. He received multiple accolades, inc ...
as Justice John Marshall Harlan II, and
Frank Langella Frank A. Langella Jr. (; born January 1, 1938) is an American stage and film actor. He has won four Tony Awards: two for Best Leading Actor in a Play for his performance as Richard Nixon in Peter Morgan's '' Frost/Nixon'' and as André in Flor ...
as Chief Justice
Warren E. Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...
. Christopher Howse of ''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was f ...
'' said the film "was worth watching in the comfort of the home, but if it had been shown in a cinema, it would hardly have been worth stirring from the fireside for".Christopher Howse
"Muhammad Ali's Greatest Fight, Sky Atlantic, review"
''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was f ...
'', October 29, 2013.
Mary McNamara of the ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the U ...
'' also commented on the excellent performances of the cast, while concluding that " e legal wrangling of eight old white men behind closed doors simply pales in comparison" to Ali's part of the story.Mary McNamara
"TV review: 'Muhammad Ali's Greatest Fight' stays out of the ring"
''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the U ...
'', October 5, 2013.
'' Loving'' is a 2016 American
biographical A biography, or simply bio, is a detailed description of a person's life. It involves more than just the basic facts like education, work, relationships, and death; it portrays a person's experience of these life events. Unlike a profile or c ...
romantic
drama Drama is the specific mode of fiction represented in performance: a play, opera, mime, ballet, etc., performed in a theatre, or on radio or television.Elam (1980, 98). Considered as a genre of poetry in general, the dramatic mode has b ...
film which tells the story of Richard and Mildred Loving, the plaintiffs in the 1967 U.S. Supreme Court (the
Warren Court The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until ...
) decision '' Loving v. Virginia'', which invalidated state laws prohibiting
interracial marriage Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 1 ...
. The 2018 film, ''
On the Basis of Sex ''On the Basis of Sex'' is a 2018 American biographical legal drama film based on the life and early cases of Ruth Bader Ginsburg, who was the second woman to serve as an Associate Justice of the United States Supreme Court. Directed by Mimi Led ...
'', depicts the circuit court ruling in ''
Moritz v. Commissioner ''Charles E. Moritz v. Commissioner of Internal Revenue'', 469 F.2d 466 (1972), was a case before the United States Court of Appeals for the Tenth Circuit in which the Court held that discrimination on the basis of sex constitutes a violation of ...
'', which the Supreme Court refused to take up. The final scene shows Supreme Court Justice
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
climbing the steps of the Supreme Court building.


Television


Supreme Court-centered TV series

Unlike novels and films presenting accounts of the Supreme Court, television series focusing on it as a subject have failed to gain an audience, and have consequently been short-lived. Two television series presenting fictionalized versions of the Supreme Court debuted in 2002, ''
First Monday ''First Monday'' is an American legal drama television series which aired on CBS during the midseason replacement from January 15 to May 3, 2002. The series centered on the U.S. Supreme Court. Like another 2002 series, '' The Court'', it was i ...
'' and '' The Court''. ''First Monday'' starred
Joe Mantegna Joseph Anthony Mantegna (, ; born November 13, 1947) is an American actor. Mantegna began his career on stage in 1969 in the Chicago production of the musical ''Hair''. He earned a Tony Award for Best Featured Actor in a Play and a Joseph Jeff ...
and
James Garner James Garner (born James Scott Bumgarner; April 7, 1928 – July 19, 2014) was an American actor. He played leading roles in more than 50 theatrical films, including ''The Great Escape (film), The Great Escape'' (1963) with Steve McQueen; Paddy ...
, with Mantegna portraying a fictional Joseph Novelli, a moderate and potential swing vote recently appointed to a Supreme Court evenly divided between conservatives and liberals. Garner was the conservative Chief Justice. The series lasted for thirteen episodes before its cancellation. ''The Court'' starred Sally Field as newly-appointed Justice Kate Nolan, depicted as struggling her way through the political aspects of her occupation. ''The Court'' was cancelled after three episodes, with several more produced but never aired. Both series, aired in the wake of the controversial 2000 ''
Bush v. Gore ''Bush v. Gore'', 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, th ...
'' decision, portrayed the court as divided between camps of differing political ideologies, and shaken up by a newly appointed justice at the center. A 2010 series, '' Outlaw'', starred
Jimmy Smits Jimmy L. Smits (born July 9, 1955) is an American actor. He is best known for playing attorney Victor Sifuentes on the 1980s-1990s legal drama '' L.A. Law'', NYPD Detective Bobby Simone on the 1990s-2000s police drama ''NYPD Blue'', Matt Santos ...
as the fictional Cyrus Garza, a Supreme Court justice who resigns from the bench to start his own law firm, as a way to more directly promote the ends of justice. Much like its predecessors, the show was placed on hiatus after three of its eight produced episodes were broadcast, and was never brought back.


TV series with Supreme Court-related storylines

More successful fictional depictions of the Supreme Court have occurred as individual episodes of more acclaimed TV series, with appearances and storylines tailored to the tenor of the series. In courtroom drama series, this is typically in the form of cases culminating in arguments before the court. In political drama series, plotlines have tended to focus more on the appointment of justices as a political exercise, and on machinations involving the personal lives and predilictions of justices or nominees.


Boston Legal

In '' Boston Legal'', Alan Shore and
Denny Crane '' Boston Legal'' is an American legal- comedy-drama created by David E. Kelley. The series, starring James Spader, with Candice Bergen, and William Shatner, was produced in association with 20th Century Fox Television for the ABC. ''Boston Lega ...
argue two cases before the Supreme Court during the series. In "The Court Supreme", Shore argues for overturning the death penalty sentence of a mentally handicapped man convicted of raping a young girl, which was based heavily on the 2008 case ''
Kennedy v. Louisiana ''Kennedy v. Louisiana'', 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits imposing the death penalty for the rape of a chi ...
''. In the series finale "Last Call", Shore returns to the Court to argue for Crane being allowed access to an
experimental drug An experimental drug is a medicinal product (a drug or vaccine) that has not yet received approval from governmental regulatory authorities for routine use in human or veterinary medicine. A medicinal product may be approved for use in one diseas ...
for Alzheimer's disease.


Designated Survivor

In the political thriller drama ''
Designated Survivor In the United States, a designated survivor (or designated successor) is a named individual in the presidential line of succession, chosen to stay at an undisclosed secure location, away from events such as State of the Union addresses and pre ...
'', the majority of the Supreme Court is killed when the
United States Capitol The United States Capitol, often called The Capitol or the Capitol Building, is the seat of the legislative branch of the United States federal government, which is formally known as the United States Congress. It is located on Capitol Hill ...
is destroyed in a terror attack in the pilot episode. In the episode The Ninth Seat (S01E17), President Tom Kirkman ( Kiefer Sutherland) faces struggles when appointing the ninth and final member of the new Supreme Court, and elects to temporarily keep the Court at an even 8-member capacity. In the episode Run (S02E22) Chief Justice Peter Koeman ( Keith Dinicol) warns President Kirkman to not have his staff try and influence court decisions.


House of Cards

In ''
House of Cards A house of cards (also known as a card tower or card castle) is a structure created by stacking playing cards on top of each other, often in the shape of a pyramid. "House of cards" is also an expression that dates back to 1645 meaning a structu ...
'' (Season 3), President Frank Underwood (
Kevin Spacey Kevin Spacey Fowler (born July 26, 1959) is an American actor. He began his career as a stage actor during the 1980s, obtaining supporting roles before gaining a leading man status in film and television. Spacey has received various accolade ...
) is approached by Associate Justice Robert Jacobs (
Jonathan Hogan Jonathan Hogan (born June 13, 1951) is an American actor. Born and raised in Chicago, Illinois, Hogan made his New York City stage debut in the off-Broadway Circle Repertory Company's highly successful production of ''The Hot l Baltimore''. He ...
) who requests he be allowed to retire due to having started to develop
alzheimers Alzheimer's disease (AD) is a neurodegenerative disease that usually starts slowly and progressively worsens. It is the cause of 60–70% of cases of dementia. The most common early symptom is difficulty in remembering recent events. As t ...
. However, Underwood expresses his desire for Jacobs to remain on the court until he has passed groundbreaking job creation legislation. Underwood later tries to discourage his political rival, Solicitor General Heather Dunbar (
Elizabeth Marvel Elizabeth Marvel (born November 27, 1969) is an American actress. Her most prominent roles include Det. Nancy Parras on ''The District'', Solicitor General Heather Dunbar on ''House of Cards'', and President Elizabeth Keane on ''Homeland''. Fil ...
) from running against him by offering her Jacob's place on the court, but she announces her candidacy before he can formally nominate her. Another named member of the court is Associate Justice Moretti ( Kris Andrews). The court is shown to be composed of three women and six men, two of whom are
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...
.


How To Get Away With Murder

''
How to Get Away with Murder ''How to Get Away with Murder'' is an American legal thriller television series that premiered on ABC on September 25, 2014, and concluded on May 14, 2020. The series was created by Peter Nowalk, and produced by Shonda Rhimes and ABC Studios ...
'' (Season 4) features a Supreme Court session in episode 13, in which the protagonist, Annalise Keating (
Viola Davis Viola Davis (; born August 11, 1965) is an American actress and producer. The recipient of various accolades, including an Academy Award, a Primetime Emmy Award, and two Tony Awards, she is the only African-American to achieve the Triple Crow ...
), brings a class action suit against the Federal Government for not providing effective public legal counsel, thus violating the 6th Amendment. This episode is also part of the crossover event between the same-universe TV show ''Scandal'', and also features Olivia Pope (
Kerry Washington Kerry Marisa Washington (born January 31, 1977) SidebarCertificate of Live Birth: Isabelle Amarachi Asomugha(County of Los Angeles Department of Public Health). Gives Kerry Washington birth dateArchivedfrom the original on May 2, 2016.Note: Fi ...
). The court is composed of Chief Justice Peter Montgomery ( Jesse D. Goins), Associate Justice Mark Spivey ( Tom Irwin), Associate Justice Helen Bass ( Cathy Ladman), Associate Justice Alberto Gutierrez ( Ruben Pla), Associate Justice Strickland (
Denis Arndt Denis Arndt (born November 23, 1939) is an American actor, best known for his starring role as Alex Priest in the play ''Heisenberg'' for which he earned a 2017 Tony Award nomination for Best Actor in a Play. Life and career Denis Arndt served ...
) and two other unnamed justices.


Madam Secretary

'' Madam Secretary'' (Seasons 2, 3 and 4) features occasional appearances of Chief Justice Wilbourne ( Morgan Freeman), a close friend of Secretary of State Elizabeth McCord ( Tea Leoni). Freeman also serves as an executive producer for the show. The name is
retconned Retroactive continuity, or retcon for short, is a literary device in which established diegetic facts in the plot of a fictional work (those established through the narrative itself) are adjusted, ignored, supplemented, or contradicted by a subse ...
, with Freeman being credited as "Chief Justice Frowley" in his first appearance.


Picket Fences

In the''
Picket Fences ''Picket Fences'' is an American family drama television series about the residents of the town of Rome, Wisconsin, created and produced by David E. Kelley. The show initially ran from September 18, 1992, to June 26, 1996, on the CBS televis ...
'' episode "May It Please the Court", broadcast on 18 November 1994, defense attorney Douglas Wambaugh (played by Fyvush Finkel) and District Attorney John Littleton (played by
Don Cheadle Donald Frank Cheadle Jr. (; born November 29, 1964) is an American actor. He is the recipient of  multiple accolades, including two Grammy Awards, a Tony Award, two Golden Globe Awards and two Screen Actors Guild Awards. He has also earned nom ...
) engaged in oral arguments before the Court (with actors playing the real justices); Supreme Court oral argument veteran
Alan Dershowitz Alan Morton Dershowitz ( ; born September 1, 1938) is an American lawyer and former law professor known for his work in U.S. constitutional law and American criminal law. From 1964 to 2013, he taught at Harvard Law School, where he was appoin ...
guest star In show business, a guest appearance is the participation of an outsider performer (such as a musician or actor) in an event such as a music record or concert, show, etc., when the performer does not belong to the regular band, cast, or other ...
red as himself, advising Wambaugh on strategy for addressing the Court. The case dealt with the admissibility of a murderer's confession.


Political Animals

'' Political Animals'' (2012 miniseries) features Associate Justice Diane Nash (
Vanessa Redgrave Dame Vanessa Redgrave (born 30 January 1937) is an English actress and activist. Throughout her career spanning over seven decades, Redgrave has garnered numerous accolades, including an Academy Award, a British Academy Television Award, tw ...
), the first
openly gay Coming out of the closet, often shortened to coming out, is a metaphor used to describe LGBT people's self-disclosure of their sexual orientation, romantic orientation, or gender identity. Framed and debated as a privacy issue, coming out of ...
member of the court. She serves as a friend and mentor to Secretary of State Elaine Barrish (
Sigourney Weaver Susan Alexandra "Sigourney" Weaver (; born October 8, 1949) is an American actress. A figure in science fiction and popular culture, she has received various accolades, including a British Academy Film Award, two Golden Globe Awards, and a Gramm ...
).


Salvation

In season two of the suspense sci-fi drama series '' Savlation'', there is a politically related Supreme Court subplot. After the brief incapacitation and later reinstatement of
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Pauline Mackenzie (
Tovah Feldshuh Terri Sue "Tovah" Feldshuh (born December 27, 1948) is an American actress, singer, and playwright. She has been a Broadway star for more than four decades, earning four Tony Award nominations. She has also received two Emmy Award nominations f ...
),
Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...
Monroe Bennett (
Sasha Roiz Sasha Roiz ( he, סשה רויז; born October 21, 1973) is an Israeli-born Canadian actor. He is best known for his portrayals of Sam Adama in the science-fiction TV series ''Caprica'' and Captain Sean Renard in the American fantasy TV series ' ...
), who previously served as Acting President, argues his power was illegally revoked and submits a claim at the Supreme Court. The court is split 4-4 when a
suicide bomber A suicide attack is any violent attack, usually entailing the attacker detonating an explosive, where the attacker has accepted their own death as a direct result of the attacking method used. Suicide attacks have occurred throughout histor ...
attacks the
United States Supreme Court Building The Supreme Court Building houses the Supreme Court of the United States. Also referred to as "The Marble Palace," the building serves as the official workplace of the chief justice of the United States and the eight associate justices of th ...
, incapacitating Chief Justice Martin Cheng (
Hiro Kanagawa is a Japanese-Canadian actor and playwright based in Vancouver, British Columbia. He has appeared in numerous high-profile films and television series shot in the Vancouver area, including '' Smallville'', '' Caprica'', ''Godzilla'', ''The Man i ...
), the remaining swing vote. Cheng later recovers, and casts his vote 5-4 in favour of Mackenzie. Another named judge is Associate Justice Praeger
Corina Akeson
.


Scandal

The series ''
Scandal A scandal can be broadly defined as the strong social reactions of outrage, anger, or surprise, when accusations or rumours circulate or appear for some reason, regarding a person or persons who are perceived to have transgressed in some way. Th ...
'' (Season 2) features Associate Justice Verna Thornton (
Debra Mooney Debra Mooney (born August 28, 1947) is an American character actress, best known for her role as Edna Harper on The WB drama series ''Everwood'' (2002–06). Mooney is also known for her recurring roles in ''Scandal'', ''Grey's Anatomy'' and '' ...
) as a primary antagonist for the first half of the second season. Aware that President Fitzgerald Thomas Grant III (
Tony Goldwyn Anthony Howard Goldwyn (born May 20, 1960) is an American actor, singer, producer, director, and political activist. He made his debut appearing as Darren in the slasher film '' Friday the 13th Part VI: Jason Lives'' (1986), and had his breakthr ...
) ascended to the presidency through voter fraud in
Defiance County, Ohio Defiance County is a county located in the U.S. state of Ohio. As of the 2020 census, the population was 38,286. Its county seat is Defiance. The county was named after an early Army fortification, Fort Defiance, which was so named by Mad A ...
she attempted to have him assassinated. Suffering with terminal cancer, she was pressured by Vice President Sally Langston ( Kate Burton) to give up her seat, which she refused. She is eventually suffocated in hospital by President Grant so she cannot reveal the truth about his election, with her death being made to look like the result of the cancer.


Shooter

The drama series ''
Shooter Shooting is the act or process of discharging a projectile from a ranged weapon (such as a gun, bow, crossbow, slingshot, or blowpipe). Even the acts of launching flame, artillery, darts, harpoons, grenades, rockets, and guided missiles can ...
'' (based on the 2007 film of the same name) contains a Supreme Court related subplot in Season 3. A secretive government
cabal A cabal is a group of people who are united in some close design, usually to promote their private views or interests in an ideology, a state, or another community, often by intrigue and usually unbeknownst to those who are outside their group. T ...
named Atlas pushes for Judge Ray Brooks ( Michael O'Neill) to be appointed the next Chief Justice, as they can manipulate him to be their swing vote with evidence of war crimes he committed whilst serving in the
Vietnam War The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
. When the conspiracy is discovered, several members of the court are targeted, including Associate Justice Gibson (
Rhea Perlman Rhea Jo Perlman (born March 31, 1948) is an American actress. She played head-waitress Carla Tortelli in the sitcom '' Cheers'' (1982–1993). Over the course of 11 seasons, Perlman was nominated for ten Emmy Awards for Outstanding Supporting ...
) and Associate Justice Romero Dominguez (
Castulo Guerra Castulo (Latin: ''Castulo''; Iberian: ''Kastilo'') was an Iberian town and bishopric (now Latin titular see located in the Andalusian province of Jaén, in south-central Spain, near modern Linares. History Evidence of human presence sin ...
).


The Outer Limits

In the 1995 Syfy science fiction revival series '' The Outer Limits'', the episode Final Appeal (S06E021) focuses on the Supreme Court in the year 2076. They are hearing the final appeal of the conviction of Dr. Theresa Evans (
Amanda Plummer Amanda Michael Plummer (born March 23, 1957) is an American actress. She is known for her work on stage and for her roles in such films as ''Joe Versus the Volcano'' (1990), '' The Fisher King'' (1991), ''Pulp Fiction'' (1994), and '' The Hunge ...
), a time traveller for whom the death penalty is sought for bringing advanced technology into the world after such technology has been banished. In this future setting, there are only 5 justices: Chief Justice Haden Wainwright ( Charlton Heston), Associate Justice Earl Clayton (
Robert Loggia Salvatore "Robert" Loggia ( , ; January 3, 1930 – December 4, 2015) was an American actor. He was nominated for the Academy Award for Best Supporting Actor for '' Jagged Edge'' (1985) and won the Saturn Award for Best Supporting Actor for ...
), Associate Justice Gretchen Parkhurst (
Cicely Tyson Cicely Louise Tyson (December 19, 1924January 28, 2021) was an American actress. In a career which spanned more than seven decades in film, television and theatre, she became known for her portrayal of strong African-American women. Tyson recei ...
), Associate Justice Kendall Woods (
Swoosie Kurtz Swoosie Kurtz ( ; born September 6, 1944) is an American actress. She is the recipient of an Emmy Award and two Tony Awards. Kurtz made her Broadway debut in the 1975 revival of '' Ah, Wilderness''. She has received five Tony Award nominations ...
) and Associate Justice Oliver Harbinson (
Hal Holbrook Harold Rowe Holbrook Jr. (February 17, 1925 – January 23, 2021) was an American actor, television director, and screenwriter. He first received critical acclaim in 1954 for a one-man stage show that he developed called '' Mark Twain Tonight!'' ...
). The court ultimately votes 3-2 to acquit Evans.


The West Wing

''
The West Wing ''The West Wing'' is an American serial political drama television series created by Aaron Sorkin that was originally broadcast on NBC from September 22, 1999, to May 14, 2006. The series is set primarily in the West Wing of the White Hous ...
'' involved frequent discussions or depictions of fictional past and present Supreme Court justices. Two episodes ("
The Short List The first season of the American political drama television series ''The West Wing'' aired in the United States on NBC from September 22, 1999 to May 17, 2000 and consisted of 22 episodes. Cast Main cast * Rob Lowe as Sam Seaborn, Deputy Wh ...
" in 1999, and " Celestial Navigation" in 2000) center on the nomination of "Roberto Mendoza," played by
Edward James Olmos Edward James Olmos (born February 24, 1947) is an American actor, director, producer, and activist. He is best known for his roles as Lieutenant Martin "Marty" Castillo in ''Miami Vice'' (1984–1989), ''American Me'' (1992) (which he also dir ...
, as the first Hispanic Justice. At the opening of the episode "Celestial Navigation", Mendoza has been arrested for drunk driving and resisting arrest. Sam Seaborn stresses that Mendoza doesn't drink alcohol, telling C. J. Cregg that Mendoza was arrested for "driving while being Hispanic". The sergeant on duty tells Sam that Mendoza's driving was faulty, and that he wasn't sure that Mendoza hadn't been drinking alcohol. Sam responds by informing the officers that Mendoza has a chronic illness that would render any significant drinking fatal. Mendoza expresses frustration at how he'd been treated by the police, having been searched and handcuffed in front of his wife and nine-year old son. Mendoza vowed to use the criminal justice system to acquit himself, instead of letting the White House get him out, but is persuaded that he could make a much bigger difference on the Supreme Court, and that he would be unable to be confirmed by the
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
if the story circulates. Mendoza agrees to be released and the officers' apologize to Mendoza and to his son, with the incident remaining off the record. Writing for the '' Daily Bruin'', Alex Driscoll praised the focus on Mendoza's being racially profiled. Driscoll writes that while Mendoza was released quietly and quickly, many cases of a victim being racially profiled do not have the same outcome. She praises Sorkin for providing attention to the point that race can matter more than guilt or innocence in determining how a suspect is treated by police, and notes that most suspects in this case will not have powerful members of the U.S. government to bail them out, that forms of protest similar to Mendoza's refusing of a
breathalyzer A breathalyzer or breathalyser (a portmanteau of ''breath'' and ''analyzer/analyser'') is a device for estimating blood alcohol content (BAC), or to detect viruses or diseases from a breath sample. The name is a genericized trademark of the Br ...
test have spread across the United States. A third episode, "
The Supremes The Supremes were an American girl group and a premier act of Motown Records during the 1960s. Founded as the Primettes in Detroit, Michigan, in 1959, the Supremes were the most commercially successful of Motown's acts and the most successf ...
" in 2004, dealt with the issue of preserving ideological balance on the Court. The President makes a deal with the Republican Congress to simultaneously appoint a very liberal judge "Evelyn Baker Lang" (played by
Glenn Close Glenn Close (born March 19, 1947) is an American actress. Throughout her career spanning over four decades, Close has garnered numerous accolades, including two Screen Actors Guild Awards, three Golden Globe Awards, three Primetime Emmy Awards ...
) as the Court's first female Chief Justice, and a very conservative judge, "Christopher Mulready" (played by
William Fichtner William Edward Fichtner (born November 27, 1956) is an American actor. He is known for his television roles as Sheriff Tom Underlay on ''Invasion'', Alexander Mahone on ''Prison Break'', Carl Hickman on '' Crossing Lines'', and Adam Janikowski o ...
) as an Associate Justice. The 2000 episode "
Take This Sabbath Day The first season of the American political drama television series ''The West Wing'' aired in the United States on NBC from September 22, 1999 to May 17, 2000 and consisted of 22 episodes. Cast Main cast * Rob Lowe as Sam Seaborn, Deputy Wh ...
" also opened with a scene depicting the Court's main chamber.


Veep

The comedy series ''
Veep ''Veep'' is an American political satire comedy television series that aired on HBO from April 22, 2012, to May 12, 2019. The series was created by Armando Iannucci as an adaptation of his sitcom ''The Thick of It''. The protagonist of ''Veep' ...
'' (Season 6) sees former President Stuart Hughes nominated to a vacant position on the Supreme Court by President Laura Montez (
Andrea Savage Andrea Kristen Savage (born February 20, 1973) is an American actress, comedian, and writer known for her roles in projects such as the Comedy Central mockumentary series '' Dog Bites Man'' (2006), the comedy film '' Step Brothers'' (2008), Hulu ...
) after the death of Associate Justice Tenny. Hughes becomes the second person after
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
to serve as both President and as a Supreme Court justice.


References


Further reading

*Laura Krugman Ray, "Judicial Fictions: Images of Supreme Court Justices in the Novel, Drama, and Film", 39 '' Arizona Law Review'' 151 (1997) {{SCOTUS horizontal Fiction Fiction about law