Picturing Justice, the On-Line Journal of Law and Popular Culture



Taunya Lovell Banks
is Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law

 

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Each show gives viewers a distorted view that is not subject to correction, since the real Supreme Court remains shrouded in mystery, consistently refusing to even televise its oral arguments. As a result, after viewing regular doses of The Court and First Justice, many Americans may be more familiar with the fake Justices than the real Justices.


Feature article

Life on the Court

by Taunya Lovell Banks

Barely one year after the United States Supreme Court ended the 2000 presidential election controversy in Bush v. Gore, there are two programs about the Supreme Court on commercial television. The latest addition, The Court, starring Sally Field as Justice Kate Nolan, comes from the producers of the critically acclaimed The West Wing. ABC decided to air The Court as a temporary replacement for its new lawyer show, Philly. The network probably reasoned that The Court was a natural for a slot already devoted to law and lawyering. There was, however, very little law or lawyering depicted in the first show.

The opening episode, entitled, Life Sentence, has double meaning, signifying both the life prison term of Charlene Grissom (Cynthia Ettinger), a woman career criminal whose case is before the Court, and the life term of Supreme Court Justices. The first part of this episode uses the Court appointment process to disclose aspects of Kate Nolan’s character. Nolan, a middle-aged state governor with a supportive husband, is politically shrewd, yet impartial and ethical. Her deft maneuvering through the appointment process suggests that she will be the swing vote on an ideologically divided Supreme Court. This fictionalized Court seems divided over the same hot-button issues – abortion, the death penalty and three-strike criminal laws– as the real Supreme Court.

Justice Nolan, who replaces a woman Justice killed in an automobile accident, joins a Court that reflects racial and gender diversity as well. There is a black woman, Justice DeSett (Diahann Carroll), and a Hispanic man, Justice Martinez (Miguel Sandoval); all that is missing is an Asian-American Justice. As with the real Supreme Court, however, white men dominate.

The story line for the first episode seems to overflow with coincidences and storylines. The writer, Carol Flint, who worked on shows like ER, China Beach and LA Law, is capable of doing better writing. She seems unclear about whether this is a show about the Supreme Court or the news media’s coverage of the Court. There is Harlan Brandt (Craig Bierko), the lawyer-turned-investigative-reporter, who seems intent on digging up dirt on Justice Nolan. Coincidentally, Brandt was a student in a law school seminar taught by Justice Nolan. He earned an “A” but Nolan told him that he would never be a good lawyer. Brandt’s role and motives are unclear. Does he have a personal beef with Justice Nolan, or does he simply represent those unsavory scandal mongers who masquerade as news reporters?

In the meantime, Brandt is doing a feature portraying Justice Nolan as the mirror image of Charlene Grissom, the career criminal. Once on the Court, Grissom’s life sentence is the first case for which Justice Nolan must cast a vote – more coincidences. The legal issue raised by Grissom’s case, the harshness of three-strikes laws, only serves as a background for the personal stories of the Justices and their law clerks. Unfortunately, West Wing does a better job than The Court of interweaving its many story lines in more credible fashion. Yet The Court is a much more respectful depiction of the Supreme Court than CBS’s First Monday.

All told, there are good and bad aspects about The Court, as well as its less notable competitor, First Monday. Both shows purport to give television viewers insights about the United States Supreme Court and the Justices. This is a good thing, given the general public’s lack of knowledge about the Court. Yet each show gives viewers a distorted view that is not subject to correction, since the real Supreme Court remains shrouded in mystery, consistently refusing to even televise its oral arguments. As a result, after viewing regular doses of The Court and First Justice, many Americans may be more familiar with the fake Justices than the real Justices. This would be a bad development.

Television, a constant presence in many American households, increasingly tends to blur the distinctions between reality and fiction. Unclear is whether public exposure to only a fictionalized view of the Supreme Court will pose a threat to this institution’s reputation and prestige. On the other hand, The Court and First Monday may simply reflect an already alienated public’s view of the United States Supreme Court. Perhaps the Court, when it decided Bush v. Gore, did more harm to its own reputation than two television series can. Only time will tell.

Posted April 3, 2002

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