Post | 05/07/2008 12:55 pm
Case Closed: 'Boston Legal' and the Truly Supreme Supremes
Recently, in an episode of the ABC drama "Boston Legal," the attorney played by actor James Spader was called upon to argue a case before the Supreme Court. The case involved the death penalty for a man in prison who was not mentally competent. He had raped, but did not kill, an eight-year-old child.
Before Spader got to the Court, we saw him interviewing the prisoner — who didn’t seem to realize what he had done, and had no idea of what was going on, but most definitely did not want to die.
The creator of "Boston Legal" is one David E. Kelley and, weekly, when this series appears, he brings such depth and insight to one legal argument after the other, that the viewer is left stunned.
© Richard Cartwright/ABC

James Spader before the Supreme Court in "Boston Legal"
The nuts and bolts of the program can sometimes be rather silly. There are lots of sex and games, male bonding, female flirting and foolishness. It is done in the manner of high farce while maintaining elements of realism. But there is no quarreling with writer Kelley when he gets his characters to court.
In this case the viewer was left dumbstruck. The Supremes file in; they look exactly as they do in real life. I was nonplussed at first; I honestly thought that perhaps the Court had sat for "Boston Legal." But, no, that’s not possible. These were actors made up to look like each of the nine. Producer Janet Knutsen told me, "We cast as close as we could to the real Justices. We dyed hair and used lots of makeup. We also started with geniuses in our casting department."
© Richard Foreman/ABC

Actor James Spader as Alan Shore in "Boston Legal"
Because Mr. Kelley’s argument, put into the mouth of actor Spader, is so unusual and great, I have received a transcript from David E. Kelley Productions. I think it should be required reading or viewing for every American, law student or not. (But I’ll bet the average law school would be reluctant to show "Boston Legal" to its students. They are so wrong.) Click here to read the exchange between Spader and the Supremes follows, just as it played on air.
Watch the video from YouTube below to see actor James Spader and his mythical but well-made-up Supreme Court Justices do their stuff.
This was great television. And it is a great American judicial and constitutional lesson.
I asked our pal Candice Bergen to tell me how to go about obtaining writer Kelley’s material and she did. (Candice is an integral part of the "Boston Legal" gang, although she didn’t appear in this episode.) But first she asked me, "Was it not a great show?" It was; it is! Surely they’ll be re-running it for eternity.
And I want to hear from you if you agree with me (or not) that the actors playing the Justices are almost so good that they convince you they’re true.
NOTE: Click on this text to read my nationally syndicated daily column.
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48 Reader Comments (so far…)
Yes, you’re right - excellent casting job! They look like the real thing.
Great argument. I am one who is anti-death penalty, for any crime, for two reasons - one of which was argued by James Spader’s character in this episode. Thanks for bringing this to us, Liz!
first of all, i dont really ‘watch’ BOSTON LEGAL because it comes across as kind of smarmy(sorry)…secondly, i cannot believe how old and unhealthy looking james spader has become…(havent we all)…however…william shatner is aging quite well…sorry, i just dont like that show…
Missy Rose, did you actually read the script?
Cherokee Rose, you are missing a great show. There is a message in each legal argument.
Liz, you’re talking about a fabulous episode on my all-time favorite TV program. Intelligent, timely (Kelley is fearless in taking on the government and current legal issues), and very human. I love ‘em all…Shirley, Denny, Alan, Jerry, Clarence - so intelligently, sensitively, humorously portrayed. Just having the Justices in the episode was brilliant! For a minute, I, too, thought they were the real deal, and when I realized it was all makeup and smoke and mirrors I had to hand it to Kelley for pulling it off. And, yes, I agree that law students should watch not only the Supreme Court episode but the whole series. If I’m not mistaken most of the “cases” on BL are reflective of controversial cases that have actually been tried. Bravo to Boston Legal…long may it air!!
I know this is a program, surely fiction, we all think, but there are so many injustices that have no hero, no one with the courage to stand up (and possibly lose his or her job) for the right and moral cause. How can one not be moved by this clip? It translates into not just the case of which he speaks, but all the frustration and degradation I think all of us feel at some time in our lives.
The message is universal. Speak up when justice is challenged. Find one more thing not to regret when you are gone.
Oh to tell an arrogant incompetent judge that he is a” douche bag” right to his face …. so needed, so true and yet so unlikely to happen in real life. Go Denny Crane. Go Alan Shore. The only TV show that I buy the DVD series and my entier family watches them as if we were addicts. The show got better after Candice Bergen joined the cast. I wish there was a little less office sex.
Powerful stuff. Did it sway the court, in the end?
The show is consistently stunning. This episode was especially dynamic as was the week before when Spader and Bergen argued for the right to let her character’s father die with dignity. Both were exceptionally informative and moving.The show makes you laugh and think at the same time which is rare these days.
I love Boston Legal & agree with all the positive comments made. I went through similar
situations with my Father & late husband, before they passed away. It is a heart breaking,
difficult situation to be in - I still think about it. Candice, I really admire you and the character you play. I am 56 & hardly ready to “retire” in any sense of the word! You
give voice to all of us who are still feeling we have alot to offer, not only socially (men!),
but professionally. We still have “it” & you prove it! Thank you for being a voice for
women over 50! Boston Legal is funny, unconventional & deals with important current issues.
You’re GREAT!
BLOWN TOTALLY AWAY.
I don’t have a TV right now, but when I did Boston Legal was one of the very few shows ever saw and loved.
This scene: Perfect set design, perfect casting and costuming, perfect lighting, perfect direction, OUT OF THIS WORLD WRITING, and, let’s just get it over with and hand James Spader, a GREAT actor and GREAT man, the Emmy right now. That piece of acting was like Ali stepping into the ring, Big Brown flyig down the track. He must be exhausted and proud and emotionally wrung and also wired after that.
How many ways can I say THANK YOU WOW, Liz…and Candace for the script….want to savor that writing again and again.
The spiritual equivalent of Torquemada sits in the Supreme Court of our Founding Fathers, presides over the greatest experiment that ever existed, and there hasn’t been ONE US Senator who has articulated the smarmy horror show this panel of “Justices” is as Spader did….and thanks to the FABULOUS David Kelley.
Whoever thought the spirit of Louis Brandeis could inhabit James Spader’s handsome, vital self and live again.
As Dawn French would say, “A hella va Yaky Da, isn’t it?!”
Thank you! Thank YOU! THANK YOU!
I could never have said it better Suzanne……
I love your writings……the way your mind works. I agree with it all. I can only ad.
Thank you! Thank YOU! THANK YOU!
Suzanne de C - I totally agree with you: give James Spader the Emmy right now! And while you’re at it… Give Candice the Emmy for the Alzheimer’s episode; it really moved me to tears.
Any other recipients to the Emmy’s would be a gross breach of duty by the Emmy-jury.
I wish I could agree with Suzanne and the rest of you but I was not impressed. I do not watch the show so perhaps the lawyer character who is familiar to regular viewers does not appear as slick as he did to me. The gimmick of the show was, of course, to make the justices appear as they do in real life. So kudos to the make-up artists. But the show, which I must admit I could only watch about half way, appeared much too glib, too easily argued, and when the lawyer, after a few remarks thrown at him from the bench, took center stage, also center camera, and argued his case without further interruption from the Justices was not realistic. Imagine the Justices being chastised by an attorney about their resumes or confirmation hearings without putting that litigator in his place ….in maybe three seconds flat. Sorry, did not like it….too implausible.
Gee, Bonnie, I am AMAZED that anyone, anywhere on the face of Earth today, can find ANYTHING too implausible.
“As Goldie Hawn asked Diane Keaton in First Wive’s Club.” Vicodin?!