"BOXING REFEREE:" "This bout, 15 rounds for the heavyweight championship of the world." "The challenger from Louisville, Kentucky, weighing 210 and one-half pounds, the former Olympic light heavyweight champion," "Cassius Clay." "Of those of you who won't be able to see the Clay-Liston fight, here is the eighth round exactly as it will happen." "Clay comes out to meet Liston and Liston starts to retreat." "If Liston goes back an inch farther, he'll end up in a ringside seat." "Clay swings with his left, Clay swings with his right." "Look at young Cassius carry the fight." "Liston keeps backing, but there's not enough room" "It's a matter of time-- our Clay lowers the boom." "[Crowd cheering]" "HOWARD COSELL:" "Sonny Liston's not coming out." "Sonny Liston is not coming out." "He's out!" "The winner and the new heavyweight champion of the world is Cassius Clay!" "I'm the greatest fighter that ever lived." "I don't have a mark on my face and I upset Sonny Liston and I just turned 22 years old." "I must be the greatest." "I shook up the world." "I shook up the world." "I shook up the world." "¶" "Cassius is not my name no more." "Officially Muhammad Ali now?" "Muhammad Ali." "Ladies and gentlemen, Mr. Muhammad Ali has just refused to be inducted into the United States Armed Forces." "Notification of his refusal is being made to the United States Attorney, the State Director of the Selective Service System, and the local Selective Service Board for whatever action deemed to be appropriate." "REPORTER:" "How did they treat you?" "Respectable." "[Shouting, gunfire]" "¶" "Respect for law in a nation is the most priceless asset a free people can have." "And the Chief Justice and his associates are the ultimate custodians and guardians of that priceless asset." "And when we consider what a Chief Justice has in the way of influence on his age and the ages after him, I think it could fairly be said that our history tells us, our Chief Justices have probably had a more profound and lasting influence" "than most Presidents have had." "Good morning, Petrus." "Good morning, sir." "How was your summer?" "It was good to get away, Mr. Chief Justice, sir." "Nice to see you again." "You, too, sir." "Thank you." "Good morning." "¶" "Sorry." "¶" "[Knocking on door]" "Come in." "[Door opens]" "Mr. Connolly." "I'm Mrs. Paige, P-A-I-G-E." "You're 27 minutes late." "You're not off to a good start." "I'm sorry." "My car broke down." "Mr. Connolly." "Back down the corridor." "The washroom is the third door on the right." "Thank you." "Straight ahead, Mr. Connolly." "We've got ourselves a live one there, huh, Mrs. P?" "Don't flirt with me, Mr. Becker." "It does not become you." "BURGER:" "Morning." "MEN:" "Morning, Chief." "Good morning, sir." "Janet." "Ohh." "This term, we really must do something about this office." "It's ridiculous." "It's not satisfactory." "It's smaller than my office at the Court of Appeals." "I'm the chief, Petrus." "Makes no sense." "Take those geraniums to Maintenance." "Oh, and Petrus, don't overwater them." "They won't bloom." "Yes, sir." "Mr. Justice, this is Kevin Connolly." "Sorry I'm late, sir." "Please, take a seat, Mr. Connolly." "Your grandfather." "Yes." "He was on the court for 34 years." ""The great dissenter."" "The only justice to vote against segregation." "Plessy v. Ferguson." "1896." "But even in his dissent he still called the white race the dominant race and vowed it would continue for all time." "Heh." "Oh, sir, I--I'm sorry." "I wasn't thinking." "That's actually very rude." "You know your Court history, Mr. Connolly." "Or maybe you just did some research to impress me." "There is currently a case in court." "Cohen v. California." "Cohen walked through a courthouse wearing a jacket with the words "Fuck the Draft"" "inscribed on the back." "He was sentenced to 30 days." ""Congress shall make no law abridging the freedom of speech."" "That's a very literal interpretation of the First Amendment." "Clearly, if the First Amendment protects speech of any kind, it protects political speech." "And if the Court is saying that anti-war protests are not protected by free speech, then it's not paying attention to what's going on outside its doors." "I know your war record, sir." "Oh?" "Then you know I'm no pacifist." "You should know I was a student activist." "I've worked as a legal advisor to draftees, informing them of their rights, I'm a Democrat" "Mr. Connolly, I'm not interested in your politics." "Here we're only interested in the law." "Besides, it's all in here." "Huh." "Tell me something." "How would your wife feel about relocating to DC?" "Well, clearly, we've talked about it, in principle, that is." "She..." "I think she'd be very happy for me." "We're expecting our first child, sir." "Oh, how marvelous." "Ha!" "Well, thank you very much, Mr. Connolly." "Um...are you--are you gonna hire me, sir?" "Hmm." "Well, we may not agree on certain matters." "We may take different positions on many things." "I'm only interested in your I.Q., which I see is substantial." "And your academic skills, which I note are impressive." "I want brilliant people and I'll take care of the rest." "Wow." "That's great, sir." "Thank you, sir." "That's all." "Uh--on the other hand, you could make the argument that wearing a jacket in the courthouse is not speech but conduct." ""An absurd and immature antic,"" "and is therefore not protected by the First Amendment." "Now you're just showing off." "Yes, sir." "Mr. Justice." "[Knocking on door]" "Kevin Connolly." "Hi." "How you doing?" "Covert Becker the third." "What's your school, Connolly?" "Missouri." "Sam Edelstein." "The first." "I have been here 6 months." "Covert here is a second termer." "Guess that makes you the boss." "Oh, I guess it does." "What's with-- with all the lights in there?" "That's the justice's eyesight, and it's getting worse." "That's you." "Yale, Harvard, Columbia, Chicago." "That's the norm." "It's tradition." "I don't believe we've ever had a clerk from the University of Missouri before." "Yeah, no black clerks, no women clerks." "I guess that's tradition, too." "Great." "Another bleeding heart liberal" "Well, you've landed with the wrong justice, my friend." "Plus, the Chief is Nixon's man, and another conservative has just been appointed to the Court." "Thank you, God, a change is gonna come." "Ow." "Why do you insist on being called" "Muhammad Ali now?" "That's the name given to me by my leading teacher-- the Honorable Elijah Muhammad." "That's my original name." "That's a black man name." "Cassius Clay was my slave name." "I'm no longer a slave." "What does it mean?" ""Muhammad" means "worthy of all praises"" "and "Ali" means "most high."" "This will be an organization that will give the black man in this country the right to defend himself." "It will encourage him to defend himself, and it will teach him how to defend himself." "[Cheers and applause] By any means necessary." "ALI:" "This is the regular dance that I use just before the shuffle." "I'm moving and I'm moving and I'm jumping around and just before you know it... a split second right after that shuffle is the big punch." "[Crowd cheering]" "[Bell rings] We are 22 million people who don't have our names." "We were named after our slave masters." "So teaches the Honorable Elijah Muhammad." "Once you become free, find out who you are, then you will start saying." ""I am the greatest."" "[Cheering and applause]" "WOMAN:" "Over there." "[Chatter]" "Please be certain to escort all the justices to their designated seats." "[Intercom buzzes]" "SECRETARY:" "Justice Harlan, sir." "I don't want Justice Brennan sliding in beside Justice Marshall, for example." "Liberals scheme." "Let's keep them apart, shall we?" "Hello, John." "Chief." "Petrus, I hear your daughter graduated cum laude." "Indeed she did, Mr. Justice." "That's wonderful." "Please congratulate her on my behalf." "I will." "Thank you, sir." "Let's walk over together, shall we, John?" "Oh." "Thank you." "I have big plans for the Court this year." "Oh?" "During my first year, it became quite clear to me there was something wrong with the design of the courtroom bench." "We're all seated straight in a line." "We can't hear each other." "We can't see each other." "It's terrible acoustics." "Here's my solution." "I'm going to curve the bench." "Ah." "You see, that way, we can see each other." "We can hear each other." "And it's going to prevent Hugo from shouting out," ""Pardon me?" "Pardon me?"" "every 10 minutes, eh?" "[Chuckles]" "That's a very good idea, Warren." "Yes, as it was mine, I thought it was very good." "[Chatter]" "Sir, sir, if you please." "you're seated there, sir." "[Chatter]" "One black man, 8 white men, average age 71." "[Tapping on glass]" "Gentlemen, please join me in welcoming Harry to the Court." "Aw." "Welcome, Harry." "Cheers, Harry." "Welcome." "Harry Blackmun and Warren Burger." "The Minnesota twins." "They grew up together." "When Burger got married, Blackmun was his best man." "That's why Nixon appointed him." "He's gonna vote with Burger every time." "Hip-pocket Harry." "When President Nixon nominated my friend Warren" "Chief Justice, a staunch defender of our Constitution," "I thought he couldn't have made a better choice, and his first year on the Court has proven the President correct." "to Warren." "To Warren." "Hear, hear, Warren." "I don't know." "What Presidents expect of their Justices and what those Justices deliver can be two very different things." "MESSENGER:" "Better get started, boys." "There's more on the way." "I got a threesome here, guys." "3 chicks." "Wait, what's that about?" "Porno cases." "Every Friday afternoon, the Justices sneak down to the basement to watch dirty movies." "They're looking for a case to hear so they can test the obscenity laws." "But it's more an excuse to have a good time." "Hey." "Clay, a.k.a. Ali, versus the United States of America." "Oh, the draft dodger." "Isn't he in jail yet?" "Hey." "Ali's back up the ladder!" "Float like a butterfly, sting like a bee!" "Justice Brennan, sir." "Ooh." "I was not expecting this." "Not at all." "But sir, this case has already been before the Court, hasn't it?" "It was turned down flat." "I was the only one who voted to hear this case." "They told me I was off on a cloud." "It was sent back down to a lower court." "So, why is it back up?" "Ali's lawyers challenged the lower court hearing." "He's free to appeal again." "[Chuckles]" "Operation Stealth Attack." "Go find out what the others are thinking and report back to me." "I'm guessing Hugo Black and Bill Douglas will be on our side." "Don't bother with the Chief and Harry Blackmun." "We know what position they'll take." "These days, Ali's a hero for taking a stand." "People are not going to like it if we send him to jail." "This time around, let's see who's off on a cloud." "Ha ha ha." "¶" "How can a man, any man, regardless of color, turn around when he is called to serve for his country and say, "Hell, no, I won't go"?" "[Intercom buzzes] SECRETARY:" "It's the White House, sir." "Thank you, Janet." "¶" "Chief Justice Burger here." "Mr. President." "I just don't think I should go 10,000 miles and shoot some black people that never called me nigger, never lynched me, never put dogs on me, never raped my mama, enslave me and deprive me of freedom." "MAN:" "You refused go and fight in Vietnam." "Was it because you disagree with the war in Vietnam?" "Or because you disagree with fighting generally?" "I believe in the Holy Quran." "It says we who declare ourselves to be righteous Muslims will not take parts in no wars." "No way, fashion, or form which take the lives of other humans unless it's a Holy war declared by God himself." "MAN:" "Do you think there's anything wrong in someone like Cassius Clay, Muhammad Ali, in refusing induction?" "Yes, sir." "I certainly do." "Why?" "Because he's no better than the rest of us." "You look very pale." "Do I?" "How's the pain?" "I'm all right." "Better, I think." "Have you called Abe?" "[Chuckles] Not yet." "If you don't, I will." "I think I'm quite capable of calling my own doctor." "Then what's stopping you?" "JK-5 0-1-8-9." "[Drops lighter on desk]" "¶" "I'm so, so, so sorry." "I just couldn't get away." "I'm sorry." "I'm sorry." "Hey, buddy." "Welcome to DC." "It's a new suit." "Yeah." "You don't like it?" "It's very snazzy." "Why, thank you." "Not sure about the color, though." "Come on!" "I'm sorry." "Is he kicking?" "Kevin, she's only 12 weeks." "It's a little too early." "Yeah." "I missed you." "[Chuckles]" "¶" "Even my critics don't agree with them." "Because you just can't take a man's title out of the ring." "You gotta... it's never been done in history, and, uh... all type moves have been made against me that's never been made before in the history of boxing." "And the only way they can take my title will be in the ring." "And I've been telling the world for the past 4 years that I'm..." "Thank you, Mr. Justice, sir." "Morning." "Morning." "Second floor, my man." "Yowsa, yowsa, yowsa." "Ahh." "Larry." "Do you mind?" "Ahh." "Shouldn't smoke, Larry." "Uh, sir, I'm Stephen." "Stephen Blacher." "Larry left at the end of last term." "Oh." "So he did." "Hmm." "I stand corrected." "John, you haven't said anything." "How is your back?" "Potter, I have a sacroiliac joint dysfunction." "[Chuckles] One leg longer than the other." "[Laughs] Apparently." "Surgery then?" "Not yet." "Back support, shoe lifts, pain medication, for the time being." "You know, the other day," "I decided to compute how many boiled eggs" "I've eaten in my life." "Two a day for about 60 years." "You know how many that is?" "No." "44,000, give or take." "That's a staggering amount." "It's disgusting." "Yes, it is." "Ha!" "COVERT:" "Justice White." "Covert, marshal the troops." "See you on the court in 10." "Yes, sir, Mr. Justice." "[Basketball bouncing]" "[All shouting]" "6-1!" "Mr. Justice, that's not legal." "You took 4 steps and that was a foul." "Says who?" "Your boss is a cheat." "A Supreme Court Justice!" "You tell him, Becker." "[All shouting]" "My boy teaching you the ropes?" "Of course I am, sir." "It's pretty overwhelming, sir." "There's a lot to take in." "Go for the joog-ular." "The what, sir?" "J.U.G.U.L.A.R. Joog-ular." "In these 4 walls, it's the only way to be heard." "They call us justices 9 scorpions in a bottle." "Who's the heavyweight champion of the world?" "[Crowd cheering]" "One more time." "We don't want no excuses." "They may say the film was bad or the camera was broke." "One more time, who's the champ of the world?" "[Crowd cheering]" "A very controversial musical play with a controversial star recently stirred up, as you remember, the Broadway audience and critics." "Here's the World Famous Heavyweight Champion" "Muhammad Ali Cassius Clay in a scene from that play," ""Buck White," so let's have a fine reception for him." "¶ [Applause]" "¶ We came in chains, we came in misery ¶" "MAN:" "Do you think you'd have an easier time if you weren't a black Muslim?" "No, sir." "Not black Muslim, it's Muslim." "I think I would have a harder time if I wasn't a Muslim." "I might be dead now from forcing integrating and marrying out of my own race, and drinking and smoking and laying around bars, catch a flying bullet." "If it wasn't for the Muslim teaching," "I'd be in bad shape." "I'd be just another, what we call "bum negro fighter."" "¶" "Uh, it's in alphabetical order, sir, descending, Clay, a.k.a. Ali," "Cohen v. California, Phillips v. Marietta" "Which one's that?" "Mother, young children, the company refused to hire her." "Oh, yes-yes-yes." "I know you don't agree, but I've included my brief on Ali." "You're damn right I don't agree." "You're out of line, Henry." "Nobody in my office should tell me how to vote." "I'd fire the lot of you, but you're all so incompetent you'd have trouble finding another job." "Do you mean, sir, you'd be prepared to read, assess, comment, advise, draft majority opinions, dissents, draft concurrences, bench and post-oral arguments yourself?" "Sure." "¶" "John, can I help you with those?" "No, thanks." "I'm fine." "On Clay, a.k.a. Ali, my boys button-holed your boys." "None of us can get a handle on how you're gonna vote." "Uh-huh." "Well, that's for me to know and you to find out." "Aw, come on." "I can't stand the suspense." "[Laughs]" "He was the first person to say, "Don't rush into a decision."" "He's been very kind." "He's been very understanding." "In his own way..." "[Knocking on door]" "Mr. Justice, it's time for conference." "You better get going, sir." "Well, I suppose we should start without him." "Yet again." "BURGER:" "Phillips v. Marietta." "Now, the woman they wouldn't hire had preschool children." "How could she hold down a job?" "That's for her to decide." "Well, as far as I'm concerned, an employer can hire" "What's shakin', Chiefy baby?" "Oh." "We started without you, Thurgood." "We're on Phillips v. Marietta." "Hi." "Hey." "As I was saying, as far as I'm concerned, an employer can hire whoever he wants and for whatever reasons." "That is the boss's prerogative." "Now, I'd like to hear why we should hear this case." "It's discrimination on the basis of sex." "Your position amounts to a declaration that part of the Civil Rights Act is unconstitutional." "[Chuckles]" "With all respect, Thurgood," "I don't want to argue legal niceties." "You never do." "[Justices chuckling]" "BURGER:" "My first clerk back in '56 at the Court of Appeals was a woman." "She had young children, and she had to leave every evening at 6:00." "She had to go home." "She had to cook dinner." "Didn't work out well at all." "Well, I see you all have different opinions." "All right." "Why don't we take a vote?" "[All shouting]" "[Shouting continues]" "BURGER:" "Clay, a.k.a. Ali, v. the United States." "This is a waste of the Court's time." "No one wants to hear this case." "Excuse me, Chief, I want to hear the case." "And I'll tell you why." "Ali never backed down from his beliefs." "He took the consequences of refusing induction." "Bill, you can't slow us down on this." "We have a very heavy load of cases to consider today." "He took the consequences." "He lost his title." "He gave up almost 3 years in his prime, millions of dollars so that he could stand up for what his conscience told him was right." "He's clearly a man of great principle." "The Court is always on dangerous ground" "When it decides cases according to the Justices' own views." "Which one of us is free of those, John?" "I think it's terribly important that we exercise self-restraint." "I think it's also important that we express what we believe." "Ahh." "I'm out of here." "There's clearly going to be a vote." "I'm recusing myself." "I was the Solicitor General at the time of Ali's conviction." "I hate the Nation of Islam, Elijah Muhammad, and his bunch of thugs and gangsters organized from the jail." "They preach racial segregation." "I am an integrationist." "¶" "I was born in 1908, the year Jack Johnson knocked out Tommy Byrnes." "Oh, yeah, a Negro was the heavyweight champion of the world." "What happened the very next day?" "They went out looking for the great white hope... to take back the title." "There were race riots in Springfield, Illinois, the home of Abraham Lincoln." "89 Negroes..." "were lynched that year." "¶" "To qualify for conscientious objector status, you have to satisfy 3 basic requirements." "We know what they are." "I shall quote them." "One, you must be conscientiously opposed to war in any form." "Two, your opposition must be based on religious training and belief." "Three, you must show your objection is sincere." "[Snoring]" "Hugo!" "Hmm?" "No need to shout, Warren." "I'm listening." "Gentlemen, I'm wondering if, in the future, we might not end these sessions a bit earlier." "Well, we can hardly get through the case load as it is." "It doesn't make much sense." "Hugo is 83 years old." "He's not in the best of health." "I may be slowing up, but I am not dead yet." "[Chuckles]" "Shh." "Are they still in there?" "My God." "These sessions take forever." "Yeah, Brennan won't let them out until they hear the Ali case." "You'll see-- 5 votes to 3, they'll hear it." "Really?" "5 votes to 3, they won't." "Anybody?" "Come on." "It's 5 to 3, they won't." "Here you go." "6 votes to two, they won't." "You're an idiot, Scott." "Brennan, Black, and Douglas are gonna vote to hear the case." "You're right." "OK, 5 votes to 3 for Ali." "You can't flip your bet, man." "Come on." "You already gave me your money." "All right, it's a squeaker." "But 4 votes to hear the case," "Brennan, Black, and Douglas, and I got a hunch Stewart's gonna vote with them." "I got a hunch he won't." "To file for conscientious objector status, you have to be a member of an organized religion or sect." "The Nation of Islam?" "What is that?" "Let's just take the vote and move on, please." "Look, I know where most of you stand." "I don't expect the Court to find for Ali, but at the very least," "I think we should grant a hearing." "If we imprison such a high-profile war dissenter without granting him the full protection of the legal process, it could be seen that the government prosecuted the case on a political basis." "Stuff and nonsense." "Say what, Chief?" "BURGER:" "Bill?" "You know my position." "If the Court won't rule on the legality of the war, let's at least rule on this case." "BRENNAN:" "At least two." "BURGER:" "Harry?" "This is a very complex case." "Does Ali satisfy the 3 tenets of conscientious objector status?" "I need more time to look at this." "Oh, for God's sake." "Harry, you can't agonize over this any longer." "You just have to vote." "If you insist, but you're bullying me into this." "On the face of it, I don't think Ali has a case." "BURGER:" "Byron?" "I agree with the Chief." "This case is a waste of our time." "I don't even know why we're discussing it." "Denied." "Hugo?" "I was against World War II until Pearl Harbor, against the Korean War start to finish, and against the Vietnam war from the start." "A waste." "A mistake." "We're paying a high price for that." "Hugo, what is your vote?" "We should hear the case, goddamn it." "Didn't you hear what I just said?" "BRENNAN:" "That's 3." "Potter?" "I think Ali should get his day in court." "I vote to grant." "And 4." "Ha!" "No one wants to hear the case, huh?" "You got that one wrong, Chief." "HARLAN:" "Well, all this wouldn't have happened if the petitioner had not been Muhammad Ali." "That's right." "We are hearing the case because the petitioner is Muhammad Ali." "¶" "4-4." "What'd he say?" "¶" "All right, gentlemen, you've got your 4 votes." "The case will be heard." "But it takes 5 to overturn." "Yeah, where's that fifth vote coming from?" "Justice, Sir." "Good afternoon, sir." "¶" "CLERK:" "Sir?" "What was the vote on Ali?" "We're going to hear the case," "Lord only knows why." "Bill Brennan's doing." "He politics his way around everything." "On Phillips vs. Marietta," "I want you to draft an opinion that under the Civil Rights Act, an employer may not, in the absence of business necessity, refuse to hire a woman with children of pre-school age." "Sir, that's not what you told us before conference." "You said the employer was within his rights not to hire the woman." "You said you were upholding." "That was a tentative vote." "Petrus, did you get hold of the court plans?" "They're on your desk, sir." "Thank you." "He just changed his vote, just like that?" "There's no mileage in voting with the minority." "If he votes with the majority, he gets to assign the opinion, or write it himself." "Complaining about Bill Brennan." "He's got a nerve." "Chief is always pulling the strings." "Do not underestimate him." "Hold all my calls, please." "¶" "HARLAN:" "It's Friday night." "Why aren't you at home with your wife?" "Oh, she's used to it, sir." "I just need to catch up a little bit." "No, no." "This is important." "You must take every moment you can." "Pack up." "I'll give you a ride home." "[Horns honking]" "Sir, would you like me to drive?" "New lenses." "It takes a while to adjust." "You and Donna free on Sunday for lunch?" "[Tires screech]" "Sir, please let me drive." "12:30 or 1 suit you?" "That sounds nice." "¶" "Thank you." "Uhh." "This is nice." "Hello." "HOUSEKEEPER:" "Good afternoon." "HARLAN:" "How are you settling in?" "Fine, sir, thank you." "I'm enjoying DC." "I have a dog." "He's good company." "Ha ha!" "DONNA:" "We're going on lots of walks." "Oh, I know the hours are long." "It's hard." "Here you go, ma'am." "Oh, why, thank you, dear." "How long have you been married, sir?" "Hmm?" "43 years." "Wow." "When I first met Ethel, she was married to somebody else." "But I stole her away from him." "[Laughter]" "Am I right, dear?" "We planned to have the wedding at" "Ethel's aunt's house in Waterbury." "It was Hartford, John." "Hartford." "You're absolutely right, my love." "But on the day, the aunt fell ill, so we had to switch the ceremony to the First Congregational Church in...where was it?" "Farmington." "Right." "That's right." "Well, at the last minute, I suddenly realized that the marriage license was invalid outside the Hartford city limits." "So, we met in Hartford for an early-morning wedding and returned to Farmington for an early afternoon wedding." "[Laughter]" "Well, as ever, sir, another testament to your devotion to both the spirit and the letter of the law." "Happiest day of my life." "I...perhaps I should get ready." "We have guests for cocktails, don't we?" "No, no, not today." "Not today." "Oh." "Silly me." "Silly you." "Kevin, after lunch," "I'd like to take a quick look at Coolidge v. New Hampshire, if you wouldn't mind." "Of course." "Won't keep him long." "Promise." "¶" "Sir?" "Sir, are you all right?" "¶" "Sir." "Give me a minute, please." "¶" "Ah, yeah, that's better." "Ahh." "Um, would you like me to read for you, sir?" "Yes, yes, that--that would be helpful, Kevin." "Thank you." "¶" "Um..."In the wake of a particularly brutal murder of a 14-year--"" "Sir, would you like me to call somebody?" "No, no, no, no." "Please continue." "¶" ""In the wake of a particularly brutal murder" ""of a 14-year-old girl," ""the New Hampshire attorney general" ""took charge of police activities" ""relating to the murder." ""The suspect, Edward Coolidge," ""is claiming that the searches" ""of his home and automobile violated his Fourth Amendment rights."" "ALI:" "I haven't burned my own draft record." "But what I'm doing is legal." "This is why I believe I'll receive justice in the higher courts." "You can deny the draft on any grounds but you'll have to go to court-- it's law." "If you lose, you go to jail, which I said I'd do." "My fight is legal." "But if you notice, I'm being the most persecuted." "I'm not allowed to work in America." "I'm not allowed to leave America." "Home of the brave, land of the free." "I'm not allowed to, not even allowed to leave where I can work, countries that will accept me." "And now I'm due $10,000 fine in 5 years." "All this brings on racial trouble." "People see this, they see other athletes and entertainers getting by on little excuses, and I know I'm sincere." "But now I get a heavy penalty to the white preachers that break in the government house, burn up the draft card, hang statutes of the President, lay on the Pentagon steps, leave America white citizens." "But I'm the bad one now, the poor slave." "Now I'm the bad one." "COURT MARSHAL:" "All rise." "The honorable, the Chief Justice, and the Associate Justices of the Supreme Court of the United States." "Oyez, oyez, oyez." "All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention for the Court is now sitting." "God save the United States and the Honorable Court." "Docket number 2-9-9, Cohen versus California." "BURGER:" "Mr. Nimmer, you may proceed whenever you are ready." "The Court is thoroughly aware of the facts of this case." "It will not be necessary to dwell on them." "At Mr. Chief Justice's suggestion," "I certainly will keep very brief the statement of facts." "What this young man did was to walk through a courthouse corridor wearing a jacket inscribed with the words" "Mr. Nimmer, we agreed, it is not necessary "Fuck the Draft."" "to dwell on the facts." "I suggest we avoid using that word for the rest of oral argument, and we simply refer to it as..."that word."" "Yes, your honor." "MAN:" "The Court should rule on the war." "We are arguing that the State may not, consistent with the First and Fourteenth Amendments, make the simple public display..." "Every day in Vietnam, young American men are killed because this country refuses to admit that we've made a mistake." "POLICE OFFICER:" "Let's go." "Who wants to be the last person to die for a mistake?" "POLICE OFFICER:" "That's enough." "This Court should rule on the war!" "This Court should rule..." "Well, people bring passion to politics, and vulgarity is simply a side effect of a free exchange of ideas." "Calm down." "Get out." "He's right." "The Court should rule on the war." "Oh, Bill, you've been singing that song since '66." "Yes, and I'll go on singing it, Whizzer." "Bill, please." "My name is Byron." "This is not a war that's making the world safe for democracy." "It's a war of aggression." "It is up to Congress to challenge the war, not the Court." "It's up to the Court to decide the constitutionality of it, Byron." "If I was still in the Senate," "I would lead the charge!" "¶ [Chatter]" "NIXON:" "They're trying to say that they want peace." "They're trying to say that they want to stop the killing." "They're trying to say that they want to end the draft." "They're trying to say that we ought to get out of Vietnam." "I agree with everything that they're trying to accomplish." "¶" "[Intercom buzzes]" "Yes?" "JANET:" "It's the White House, sir." "Thank you, Janet." "You can put the call through, please." "Who's acting for the vets?" "Is it Ramsey Clark?" "I believe so, sir." "Get Ramsey Clark on the phone, and the Solicitor General as well." "Yes, sir." "There is a real danger to security, Chief." "The anti-war protestors have advertised plans to shut down the city." ""Advertised plans?"" "The government has no business anticipating unlawful conduct." "The Justice Department is seeking a re-instatement of the lower court order to prevent the Vets from camping on the Mall at night." "Well, the Appeals Court rule they can stay" "This is the Supreme Court, Mr. Clark, and if the United States government believes there's a danger to security," "I will have no choice but to reinstate the lower court order." "The city won't grant them a permit to camp anywhere else." "You'll be evicting a peaceful group before their protest is over." "Well, due to the lateness of the hour," "I believe the order won't be instated until tomorrow." "Sir, first thing in the morning," "I will appeal the decision to the full Court." "I'm not sure the other Justices will support you." "Well, that remains to be seen, Mr. Clark." "¶" "BURGER:" "I drove past on my way here." "There are thousands of them camped out there." "Oh, Warren, they are veterans against the war." "Men and women who fought for their country." "There is chaos, John." "Police barricades." "Traffic is stalled all the way up Pennsylvania Avenue." "It's as if the entire city is under siege." "They were in Court today." "Tomorrow, they could be in Chambers!" "Tonight, I had to reinstate the lower court order to evict them." "You shouldn't have acted alone." "It was an emergency petition." "The president is very concerned." "Excuse me, did I hear you right?" "You spoke to the president?" "I speak to him often." "He's a good friend." "A Justice should be wholly removed from politics." "I don't even vote in Presidential elections." "First thing tomorrow, Ramsey Clark will appeal my ruling to the full Court and I don't wish to be overruled, John." "In 20 years, that has only happened once." "Now, I need you." "I depend upon you to talk to the others." "Bill Brennan, Thurgood in particular." "Bill Douglas." "The decision must be unanimous." "It is essential to both the Court and the Nation that we all come aboard on this." "I would appreciate it, John." "¶" "John, the Chief's order is a breach of the First Amendment." "BRENNAN:" "Government's trying to govern by court injunctions." "We're being asked to do Nixon's dirty work." "MARSHALL:" "The Chief should've gone into politics." "That's his true calling, not the law." "Yeah, just like Bill Brennan." "Hugo, please." "HARLAN:" "I think you all malign the Chief unfairly." "Since his appointment, debate in conference has been more open, much freer than it ever was under his predecessor." "You can't argue with that." "I know this is not ideal and normally we have the luxury of time but this was an emergency petition." "And there's no point in conflict." "You just get locked." "I'm with you, John." "To overrule the Chief would be a personal affront." "Personal affront?" "What are you talking about?" "It is not in our interest to embarrass him, or the Court." "Oh." "WHITE:" "We have to vote with the Chief." "Let me have one of these, John." "Yeah." "Yeah, go ahead." "BURGER:" "Well, shall we put it to a vote, then?" "Thank you, gentlemen, for your unanimous support." "Excuse me, Chief." "I'm afraid the demonstrations outside are growing stronger." "¶" "VETERANS:" "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." "¶" "Do you know it's the first time in the history of the Court that the doors have been closed during working hours?" "Is that so?" "This is serious, sir." "The government can't stop people from assembling because of some vague fear that they're gonna commit a crime." "These protesters were exercising their constitutional right." "On the Mall, in front of the Court." "They weren't causing any trouble." "I would say it was necessary to protect the city and the Court." "And I say fiddle-sticks to that, sir." "It's the First Amendment." "It's the law, sir." "If the Supreme Court's not gonna protect the constitutional rights of the people, then who is?" "¶" "Sir, please remain completely still." "[Buzz]" "A tumor." "On one of the vertebraes of my lower spine." "I'm sorry to hear that, John." "I really am." "I'll tender my resignation at the end of the term." "Yeah." "Yeah, I think that's best." "John, smoking?" "Oh, you know what the doctor said?" "He said, "If smoking gives you comfort, then carry on smoking."" "Cigarettes are the least of my worries, my friend." "[Crying]" "¶" "MAN:" "When Muhammad Ali lost his heavyweight boxing title for refusing military induction, he also lost his license to fight." "Now after 3 1/2 years out of the sport, the state of Georgia is willing to let the ex-champ back in the ring." "[Crowd cheering]" "[Bell rings]" "ANNOUNCER:" "He said it was a very severe cut." "That's the reason he stopped it." "The winner at the end of the third round--Muhammad Ali!" "[Crowd cheering]" "MAN:" "The next step in the boxing comeback of Muhammad Ali will be a bout with contender Oscar Bonavena." "ANNOUNCER:" "And he goes down again!" "It's over." "Ali is the knockout winner at two minutes and 3 seconds." "If Joe comes out smoking, I ain't gonna be joking." "I'll be pecking' an' a-pokin', pouring water on his smokin'." "This might shock and amaze ya, but I will retire Joe Frazier." "I have a lot of speed and a lot of endurance." "When I meet Frazier, he'll need more insurance." "¶" "ANNOUNCER: ...he's wearing red trunks." "He weighs 215, undefeated in 31 bouts, scoring 25 knockouts, it is Muhammad Ali!" "[Crowd cheering]" "Not gonna go his way in court." "Won't go his way tonight, either." "Ali's the better fighter." "Lighter on his feet." "He's gonna dance around Frazier and wear him down." "ANNOUNCER:" "The heavyweight champion of the world," "Joe Frazier." "[Crowd cheering]" "[Bell rings] ANNOUNCER:" "Round 11." "MAN ON RADIO:" "Again, Ali appearing to be quite weary." "Frazier looking much stronger." "Frazier throwing many more punches." "...Frazier throwing punches." "MAN ON TV:" "That one hurt." "Look at that." "Muhammad Ali staggers." "Muhammad Ali was rocked." "He's holding on desperately." "[Crowd cheering]" "[Bell rings on TV]" "Bill, one more." "You're up, Connolly." "MAN ON TV:" "Right, this is the final round of the fight and what a fight it's been!" "[Bell rings]" "ANNOUNCER:" "This is the final round!" "MAN ON TV:" "Referee Arthur Mercante has them touch gloves." "Something they've been doing all night." "Muhammad Ali has gotta go box him." "MAN ON RADIO:" "Joe Frazier against Muhammad Ali." "MAN ON TV: ...he is up." "He got up immediately on the count of two." "ANNOUNCER ON RADIO:" "The referee Arthur Mercante scores it 8.6-1 even for Frazier." "MAN ON RADIO:" "One vote for Joe Frazier." "ANNOUNCER ON RADIO:" "Artie Aidala 9-6 for Frazier." "Frazier is the winner!" "Ali's history." "ANNOUNCER ON TV:" "Heavyweight champion of the world, Joe Frazier!" "MAN ON TV:" "Joe Frazier!" "For the first time in his career." "Muhammad Ali was beaten!" "[Gavel bangs]" "COURT MARSHAL:" "Docket number 7-8-3." "Clay, a.k.a. Ali, versus United States." "BURGER:" "Mr. Eskridge, you may proceed whenever you are ready." "ESKRIDGE:" "Mr. Chief Justice and may it please the Court." "On February 16, 1966, my client wrote a letter to his local draft board alleging facts which he claimed entitled him according to the law to conscientious objector status." "In his handwriting, he wrote," ""Muslim means peace," ""total submission to the will of Allah;" "do not take the lives of anyone."" "His request was denied." "The Appeal Board referred the matter to the United States Justice Department." "The Justice Department appointed a hearing officer--Judge Grauman." "Judge Grauman heard several witnesses." "He also had in front of him, the record shows," "Elijah Muhammad's book" ""Message to the Blackman in America."" "Judge Grauman found that Ali was sincere in his objections to participation in war in any form." "The government rejected this finding, stating that Mr. Muhammad Ali would fight "tomorrow," quote unquote, in a defensive war on behalf of Muslims." "HARLAN:" "Mr. Eskridge, when you say" ""fight in a defensive war on behalf of Muslims,"" "that is what is known as participating in a holy war, is it not?" "It is, Mr. Justice, yes." "And that is in the Quran." "Yes, sir." "It's also referenced in Elijah Muhammad's book." "So, he would fight?" "Uh, ahem." "Sir, Black Muslims have taken some of their beliefs from the Quran and fashioned them to the black man's experience in the United States." "BLACK:" "In this holy war, who would your client be fighting?" "Sir, nowhere in the record has my client ever said that he would fight with weapons against anybody." "STEWART:" "Mr. Griswold, the Hearing Officer, Judge Grauman, recommended that Mr. Ali's conscientious objector status be sustained." "Why did the government choose to ignore his findings?" "As your honors know, the government is not represented at such hearings." "Well, what I'm interested in learning is why the government determined that Ali's beliefs were not religiously rooted." "We accept that his beliefs are religiously rooted." "You accept that his beliefs are religiously rooted?" "Yes, Your Honor, we do." "But you question his sincerity." "We do not question his sincerity." "BRENNAN:" "You don't question his sincerity?" "No, Mr. Justice, we do not." "Mr. Griswold, what is the government's objection?" "Sir, the only question before the Court now is that his objection was selective." "It is not enough for his objection to be religious;" "it must also be an objection to participation in wars in any form." "The Petitioner just doesn't want to fight the white man's wars, and I can understand that." "At the same time, he has no religious or conscientious scruples against participation in wars which would defend the black man's interests." "In this summary of the first hearing," ""Clay objects to being in service because he has no quarrel with the Vietcong."" "In his own words, quote," ""No Vietcong ever called me nigger," unquote." "Since Mr. Ali would participate in a holy war, he is not a true conscientious objector." "HARLAN:" "Mr. Eskridge, people have always fought wars for religious reasons, and then would defend them as being holy wars," ""just" as opposed to "unjust."" "Like the Crusades." "So, your client would fight a holy war but-- and I'm quoting you here" ""wouldn't fight with weapons against anybody."" "I'm sorry." "I'm confused." "How do you stand now with the possibility of going to jail?" "Oh, I don't know." "I'm just waiting any day now." "Do you think about that, though?" "Do you ever think what you'll do or if you do go?" "Why, yes, you think about it at nights when you're in the bed." "You think about, you know, if I went this way, what could have happened, if I went this way, and I've figured it all out." "But whenever people want to really make progress, some have to sacrifice a lot, and I like to say white America right now spending $30 million a day in Asia, black and white boys are dying unjustly for nothing" "just to free somebody else." "So, why should I worry about going to little old jail to free my poor people who's been catching all hell for 400 years." "[Applause]" "BURGER:" "Gentlemen, let's take the vote." "John?" "I uphold his conviction." "Uphold." "Free the man." "Uphold." "Oh, let's free the man, for God's sake." "BURGER:" "Potter:" "I'm with Bill and Bill." "Go free." "BURGER:" "Harry?" "Uphold." "I vote to uphold." "That's decided." "As the senior Justice on the majority side, to write the opinion I assign..." "5 to 3 against Ali." "Yes!" "John Harlan's been assigned the opinion." "Come on, boys, let's go to lunch." "We can drown our sorrows." "You're welcome to join us." "Yeah." "[Car horn honks]" "I recommended to a fellow trustee at the Smithsonian that unemployed blacks be trained to work as gardeners at the Mall." "I think they'd be wonderful." "They have such a lovely sense of color." "BRENNAN:" "Teddy, Cutty Sark, please." "Sam, James." "Thank you, sir." "Kevin." "Sir?" "Didn't he just get married again?" "BRENNAN:" "That won't stop him." "Never does." "Well...gloomy Guses all." "Just bring the whiskey, please." "I'm sorry you're retiring, John." "I'm going to miss you on the Court." "Oh, you'll get by, Warren." "Won't be the same." "You've been a good friend to me." "I can always depend on you." "Yeah, well, you're very good at looking after yourself." "You'll find new friends." "Big fight ahead of us." "Roe v. Wade." "Sir, your table is just being prepared." "Thank you, Jacques." "With you gone, I'll probably write that opinion myself, or maybe I'll give it to Harry Blackmun." "JACQUES:" "Sir, please follow me." "Go ahead, John." "Well, let's not get despondent." "We have Roe v. Wade coming up." "It's got all the ingredients." "Sexism." "Right-wing fanaticism." "Misogyny." "Race." "It's a blockbuster, boys." "Ha ha ha!" "Michelle!" "One, Ali is sincere in his objections." "Two, his position as a Minister of Islam gives him the appropriate credentials for religious training and belief." "But, three, we are not convinced that he is conscientiously opposed to all wars." "Therefore, he does not qualify for conscientious objector status." "Therefore, by a majority of 5 votes to 3, his conviction is upheld." "Kevin, I want you to write the opinion." "Uh, no thank you, sir." "No thank you." "Wait, are you recusing yourself?" "Uh, no, sir." "I--I don't want to be difficult, but if it doesn't matter to you," "I wonder if I could switch with another." "I'd take any case." "Nelson, McGautha" "That's fine with me, sir." "I'm happy to take Ali." "No, I'd like Kevin to write this, and I want the opinion on my desk first thing tomorrow morning, please." "We need to close this case." "That's all." "Sir." "¶" "Why?" "Why won't they accept him as a conscientious objector?" "He's a properly ordained minister of the Nation of Islam." "His religion says he's not supposed to fight." "What is the problem?" "Why are we sending him to jail?" "There's got to be some precedent, some case" "Please, shut up." "Kevin," "I'm trying to finish something here." "I'd like to go home." "[Floor buffer whirring]" "Whew." "[Panting]" "[Telephone ringing]" "What time is it?" "[Ringing]" "[Ringing]" "Hello?" "I found it." "Kevin, will you go home?" "Get some sleep." "Harlan's not gonna flip." "It's Sicurella." "Hang on, wait, wait." "The Jehovah's Witness case?" "Yeah. 1955." "The Jehovah's Witnesses were granted conscientious objector status." "They don't have to go to Vietnam." "Yeah?" "So?" "Well, this is what the Jehovah's Witnesses say." "If God commanded it, they would fight." "And these are the words from Ali's own statement:" ""But the Quran do teach us" ""we do not take part in any war... unless declared by Allah himself."" "I mean, it's clear as day." "Ali, a Black Muslim, a follower of Elijah Muhammad, is saying exactly what the Jehovah's Witnesses are saying." "He would only go to war if his god commanded it." "His god." "Allah." "Now, that's not gonna happen." "That's the same as the Jehovah's Witnesses." "How can Harlan not buy that?" "That's actually not bad." "Harlan is always hammering us about law, reason, precedent." "Well, Sicurella is the precedent." "And how can he make a reasoned distinction between" "The Black Muslims and the Jehovah's Witnesses?" "He can't." "Ali is just the same as the Jehovah's Witnesses, effectively opposed to all wars." "Yeah." "But you're still gonna have to find a way to convince him to take the Black Muslims and their religious views and how those views relate to war seriously." "One more thing." "However you write it up, don't give him any reason to find a political agenda." "Otherwise, you're sunk." "Whoo!" "[Coughing]" "You all right?" "[Coughing stops]" "You all right, mate?" "Primo Maui Wowee." "Oh, thank you." "I got a lot of work to do tonight." "Me, too." "Good night." "Good night is right." "[Keys clacking]" "Mrs. Paige?" "Mr. Connolly, the Justice would like to see you." "Good luck." "When he's finished with you, don't come crying to us." "¶" "I gave clear direction didn't I?" "Yes, sir, you did." "I gave you detailed notes on what was said by the Justices in conference." "I referred you to the precedents." "You're familiar with the argument." "You know the outcome of the vote." "But sir, the case will not write." "The vote was 5 to 3." "But I can't get that result in the writing, sir." "I can't get that result because there's something else that needs to be addressed." "Mr. Connolly!" "Citizens cannot pick and choose which war they wish to fight any more than they can pick and choose which laws they wish to obey." "But sir, Ali for all intense and purposes is opposed to all wars." "It's right there in the book in black and white." "No ambiguity." "I've marked it up for you, sir." "I tell you what I do." "When a case is over, I pull the plug, clear my head... and make room for the next one." "¶" "All right." "I give up." "I give up." "And I'll write it your way, sir." "¶" "[Door closes]" "¶" "[Keys clacking]" "Is the Justice in his office?" "He's in the basement, sir." "It's movie day." "Movie day?" "Can I help you, Mr. Justice?" "Oh, I'm just wondering why 9 men, mostly in their seventies, should make judgments about sexuality." "I'm with you there, sir." "I couldn't agree more." "If I want to go to a pornographic movie, then I should pay my money." "In my view, nothing should be banned." "Hear, hear!" "[Laughter]" "I've redone my brief on Ali." "The Justice is expecting it." "Good boy." "WOMAN IN FILM:" "Oh, baby!" "I want to make you feel better." "STEWART:" "That's it." "I don't know what it is, but I know it when I see it." "[Laughter]" "Is that two males and one female?" "I can't quite make it out." "It's 3 girls, John." "Oh, by Jove." "Are they..." "Are they...is that what I think it is?" "[Whispering]" "Well, that's remarkable." "[Mumbles]" "Of course, I know a lot of people are wondering about this." "How about the draft situation?" "Oh, you mean the army." "Yeah, I mean..." "They're cleaning out my cell to take me to jail 'cause it's better there fed than in Vietnam dead." "[Cheering and applause]" "Night, chaps." "CLERKS:" "Night, sir." "Sam, I realize that" "Passover is approaching during the holidays." "Please feel free to leave the office before sundown if you wish." "Thank you, sir." "¶ [Keys clacking]" "Oh, thank you, Paul." "Usual time tomorrow, please." "Yes, sir." "[Footsteps]" "[Door opens]" "Ethel?" "¶" "Oh, my!" "¶" "Where do you think you're going, huh?" "It's very late, you know." "And very chilly." "¶" "Come on." "Let's go home." "¶" "Ahh." "Hiya, Johnny boy." "How you doing?" "I have a little love note for you this afternoon." "Ah." "Ha." "Morning." "Morning, sir." "Morning, gentlemen." "Could you ask Kevin Connolly to come in, please?" "Uh, sit down." "Sir, I wanted to try and explain." "Sit down." "Sir, when you hired me, boy, I was just over the moon." "And it's...it's an honor and a privilege to work in your chambers, but I'm starting to feel like, like I don't belong here and..." "Take this down, please." "You ready?" "Uh...yes, sir." "Case 7-8-3, Clay, a.k.a. Ali, versus United States." "Dear Chief." "My original conference vote was to affirm." "It is on that basis, of course, that you assigned the opinion to me." "Subsequent work on such an opinion has brought me serious misgivings." "I now understand that Black Muslims oppose all wars on religious grounds." "You flipped." "Sir, are you-- are you changing your vote?" "Ahem." "Last night, I took another look at your original briefing." "I read through the Elijah Muhammad book and yes, I'm changing my vote." "Sir, there's really no need for you to read this." "I've--I've changed my mind." "No." "No." "You've changed mine." "And I salute you." "All right." "Let's press on." "The religious doctrine of Islam states," ""Our refusal to go armed is our proof that we want peace."" "Sir!" "Sir." "Uh, "Elijah Muhammad goes on." ""We felt that we had no right" ""to take part in a war alongside" ""non-believers of Islam" ""who have always denied us justice and equal rights." ""We believe that we who have declared ourselves" ""to be righteous Muslims" ""should not participate in any wars which take the lives of others."" ""In my opinion, this passage proves" ""that Black Muslims are legitimately opposed" ""to all wars on religious grounds." ""And I am now convinced the conviction should be reversed."" "My God!" "The vote's a tie." "John Harlan has become an apologist for the Black Muslims." "John Harlan is one of the few people who could convince me that there is such a thing as a good Republican." "[Bang]" "BURGER:" "John?" "4-4." "HARLAN:" "Ah, Chief." "BURGER:" "John, you have betrayed me." "These are your last days on the court." "What on Earth has taken hold of you?" "It's Bill Brennan, isn't it?" "He's the one who's been twisting your arm." "Twisting my arm?" "Really?" "Don't you patronize me, John." "Oh, come on in, Warren, and sit down, for God's sake." "Come on." "Sit, sit." "Don't think I'm not sensitive to how you judge me sometimes, John." "Now, come on, Warren." "Now you're making it a little too personal." "No, I'm not." "I count on you, I depend on you." "As my colleague, as my friend." "We have the same values." "We're both working hard toward a united Court." "Yes, well, it occurs to me that sometimes we, we're inclined to slide around the issues when we wish to achieve certain results." "That's the way it's done, John." "I am the Chief Justice of the Supreme Court of the United States." "It's my role." "I think it's time we left politics to Congress, don't you?" "Please." "You're being so naive." "Apart from this place, do you have any sense of what goes on in the real world?" "I know exactly what goes on in the real world." "All the more reason to protect the independence of the court." "So naive." "John, I don't understand why you're doing this." "Why?" "You're just about to retire." "Because this Court is a continuing body." "It acknowledges the Constitution, the problems of the day, and tries to reconcile the two, and by God I respect that!" "Oh, please." "The vote is tied, 4 to 4, and it's not as if it's going to change anything." "And I can assure you that I am not going to shift my position, and no one on the Court will either." "How the hell can you be so sure?" "It's wilful, John." "Do you hear me?" "It's wilful." "And what's the result?" "You're not going to get another vote." "Ali will still go to jail." "You've accomplished nothing." "[Door closes]" "Ooh!" "Ooh." "Ahh." "Uhh." "Ahh." "Everything all right, sir?" "Mm." "Yes." "Uh, get me Potter Stewart, will you?" "Right away, sir." "¶" "Petrus, the position I've taken on the Ali case has absolutely nothing to do with his being a Negro." "I hope you understand that." "Yes, sir." "It's about the law." "¶" "Mrs. Paige." "Yes?" "Um, it's about the Justice." "What about the Justice?" "Is he sick?" "I mean, I know he has back problems, but is it something more serious than that?" "He has cancer, Mr. Connolly." "He's a very private man." "I would ask you to respect that." "Yes, ma'am." "Well, we are 4." "Thurgood has recused himself." "Where is our fifth coming from?" "Chaps, it's not enough to get the fifth vote." "In this case, the Court will have to be perceived as having one voice." "The vote must be unanimous." "8-0?" "HARLAN: 8-0." "[Chuckles]" "DOUGLAS:" "Against the government?" "Jesus, John." "The last time around, you were trying to get us to back the Chief." "Potter?" "In this situation, I think we have to really dig deep." "Find a reason to overturn." "A reason that the others would come aboard." "You know what this Chief is going to say." "If the court frees Ali, every black American will join the Nation of Islam so he doesn't have to go and fight in Vietnam." "Now, that's what he's going to say." "Well, got to find a reason to reverse without setting a precedent." "You don't change the law." "You make the ruling specific to the Ali case." "Well, whatever trick we come up with, it's got to come from a Republican appointee." "Me or Bill..." "they'll mangle us." "[Laughs] BRENNAN:" "John?" "DOUGLAS:" "John?" "[Coughing]" "You OK, Harry?" "I know you're all concerned about what you perceive as my indecisiveness." "You think I can't make up my mind." "It's not that." "It really isn't." "It's that the issues in this case are so grave." "You answer one question, even tentatively." "You think you're safe and then two more questions appear on the horizon." "As I see it, I can't make a final judgment until all the facts are in, until all the arguments have been analyzed." "But it's not a math problem, Harry." "You want to find out one answer." "It doesn't work that way." "SAM:" "Here he is." "Sorry." "CLERK:" "You're up." "You must be feeling pleased with yourself." "SAM:" "Leave it alone, Becker." "You crossed the line, Connolly." "Ask anybody, no matter whose side they're on." "John Harlan is one of the most respected" "Justices in Supreme Court history." "Chief Burger humiliating him like that in front of everybody-- they heard that all the way over on Capitol Hill." "He didn't humiliate him." "He just changed his mind and then he stood his ground." "You know he's not thinking straight." "Harlan did the right thing." "It's Justice Harlan to you, prick." "When you go home at night, did you tell your wife how you took advantage of a dying man?" "You know what?" "I've wanted to punch you in the mouth since I met you." "KEVIN:" "Put them up." "You're kidding me." "I'm not kidding." "Put them up." "Wow." "Now, I'm not gonna tell you again." "You're making a mistake here." "In college, I boxed in the Golden" "[Both grunting]" "[All shouting]" "CLERK:" "Get off him!" "SECOND CLERK:" "Hey, break it up!" "STEWART:" "I've been troubled by the government's case against Ali since the very beginning." "That's why I voted to hear the case in the first place." "Now, last night, my guys and I, we took a look..." "What is there to look at?" "There are 3 conditions that determine the status of a conscientious objector." "The Appeals Board ruled that Ali did not meet any of them." "But the Appeals Board was not specific, Chief." "It did not say which conditions it rejected." "What's your point?" "Griswold challenged Ali on only one condition." "He conceded the other two." "In fact, he said that he found Ali to be sincere and that his objections were religiously based." "So, how do we know that the one condition that Griswold singled out was the same one that the Appeal Board used to hang Ali out to dry?" "We don't." "The Appeal Board said nothing." "They gave no reasons." "It's an error of the law." "We have no choice but to overturn." "I know what you're doing, Potter." "You're trying to hang this on a technicality." "Yes, a technicality, Chief, exactly." "That way we can avoid a precedent and we can make the ruling specific to the Ali case." "BURGER:" "This is absolute nonsense." "If we do what you're suggesting, then a man who refuses to fight for his country on dubious grounds will still go free." "His belief's a matter of conscience, Warren." "Protected by the First Amendment." "Byron, Hugo, Potter, and John are all military men, and so are you, Bill." "Do you know what this means?" "Yes." "Yes, it means there'll be no more soldiers left to fight Nixon's dirty war." "DOUGLAS:" "That's one way to end it." "Ha ha ha!" "Well, guys, we're losing focus here." "We're not ruling on the war, we don't want to set a precedent, we're making this case specific to Ali." "Byron, you don't agree with this, surely." "Well, Chief, I have to say, uh..." "I think Potter's on to something here." "Hugo?" "As long as there's no precedent." "¶" "Well..." "Harry, it looks as if you and I are outnumbered." "¶" "I've explored this thoroughly, Chief." "I really have." "I looked at the arguments," "I listened to what everybody had to say, and I'm gonna vote with the majority." "I believe that the judgment should be reversed and Ali should be set free." "¶" "BURGER:" "Well." "It seems as if I am isolated." "Ah, look here." "The Constitution says quite simply that you cannot favor one religion over another." "Now, how can you make a legal distinction between Jehovah's Witnesses and Black Muslims?" "The only difference-- Black Muslims are black." "And that's why they went after Ali." "And if that's not a racist and political conviction," "I don't know what is." "If this court sends Ali to jail, it is in effect saying there's one law for whites and one law for blacks." "If you dissent, Chief, it might be interpreted as a racist vote." "What?" "HARLAN:" "You know, you once said to me that it was essential for both the Court and the nation that everyone comes on board." "Your words, Chief, and you were right." "Nobody wants a divided court." "The opinion is fine, Warren." "Please, let it go." "¶" "Well, I suppose an 8-0 decision would be a good lift for the black people." "[Chuckles]" "[Chuckles]" "[Chuckles]" "¶" "Chaps, come on, chaps..." "I know it's a tad early, but it's never too early for a good old hoot." "Rebel Yell." "Does that appeal to you?" "First time for everything, sir." "It's my favorite." "My favorite." "What happened to you?" "War wounds, sir." "What?" "Oh, my God." "[Laughs, coughs]" "MAN:" "Contrary to his usual form, Muhammad Ali seemed subdued as he arrived at the south side gym for a workout." "A Black Muslim, he thanked" "Allah and the Court for his good fortune and told them how he got the news." "I was on 79th street on the south side and just bought my orange in a grocery store and the grocery owner came out and grabbed me, and hugged me with tears in his eyes." "Little black fella, and told me that you've just been vindicated and you free," "8 judges all voted in your favor, and he just hugged me and squeezed me and he was this short..." "I'm on my way, Mrs. Paige." "Good night, sir." "Good night." "¶" "MAN:" "When the Supreme Court eventually decided that you were right and you had a perfect right to do this, you showed no resentment against the men who had kept you away from boxing." "You were very quiet about it." "Then I would be a hypocrite if I did because I expected them to recognize me for what I believed." "And they did what they thought was right at the time." "They took my title." "At the time, they wouldn't let me box nowhere in the country." "They just did what they thought was right." "And for me to now to sue them, or to condemn them, or to speak out against them for doing what they thought was right, then this would be hypocritical." "So, how can I get on them for doing what they really believed was right?" "¶" "KEVIN:" "Sir?" "[Baby fussing]" "Kevin Connolly, sir." "And you remember my wife Donna." "[Baby fussing" "Hello, chaps." "Sweet of you to come." "Of course." "[Baby fussing]" "And this is our daughter." "Louise." "¶" "Oh, how wonderful." "ANNOUNCER:" "Ali a sneaky right hand." "Another sneaky right hand." "This time he works over the shoulder of Foreman..." "[Crowd cheering]" "REFEREE: 3, 4, 5, 6...8..." "ANNOUNCER:" "That's it." "The fight is stopped." "Muhammad Ali is the winner." "He's done it." "Muhammad Ali has done it." "Muhammad Ali has done it." "The great man has done it." "ALI:" "I shook up the world, I shook up the world," "I shook up the world!" "ANNOUNCER:" "This is the most joyous scene ever seen in the history of boxing." "This is an incredible scene." "The place is going wild." "Muhammad Ali has won;" "Muhammad Ali has won by a knockout, by a knockout!" "¶"