Sign in to wowOwow

Enter the email address that you used when registering at wowOwow.
The password field is case sensitive. Click here if you have forgotten your password.

Please register for wowOwow

Newsletter subscriptions
Sign up to receive wowOwow's weekly newsletter and get our best picks delivered right to your inbox. Our newsletter content is hand-picked by the wowOwow editorial team and provides the top features, news, and commentary from our site. Subscribing to our newsletter is free and safe. We will never share your email or other information with a third-party without your direct consent.
By registering, you indicate that you have read and agree
with our privacy policy and terms of service.

Liz Smith | 05/07/2008 12:55 pm

Case Closed: 'Boston Legal' and the Truly Supreme Supremes

Liz Smith

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 2008_0430_liz_BostonLegal1.jpg
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
2008_0430_liz_BostonLegal2.jpg
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.



48 Reader Comments (so far…) Sign In or Register to comment

Anne B.
I do not watch David E. Kelley shows because I am looking for the plausible…. I watch for the implausible, the whimsy, the ideas that provoke, the laughter that makes one cry….the sheer entertainment of it all. (been hooked on his shows since Picket Fences) The beauty of the Supreme Court show was not whether it could happen but that for a moment in time someone (even though fictional) voiced thoughts that many of us wish could be said. The cast and characters of Boston Legal are truly unique, complex and fun…… and as to James Spader (in reference to a previous post)…. He has just gotten better with age! I happen to believe that who one is makes them truly gorgeous! Thank you Mr. Kelley for all that you have brought us through the years.
By Anne B. on 05/07/2008 7:56 pm
mary lou s
this was television. real lawyers do not give such impassioned arguments about politics; they argue that so and so does not have standing to argue or sue (ledbetter). abstruse points of law win and lose. while the james spader character is right about politics, the supremes will not admit it.
By mary lou s on 05/07/2008 8:18 pm
Kate Bierd
I want to be that kind of lawyer. Every single word out of his mouth - I completely agree. While I don’t know what sort of practice I will have, and am highly doubtful that I will ever be admitted to practice before the Court, a liberal law student can only dream of such wonderment. Wow. Although, in real life, the Court would not have put up with that sort of crap from anybody.
By Kate Bierd on 05/08/2008 7:26 am
Martha Campbell
Great tv! Even though I am considered a conservative and this show is very liberal as most actors are, I found the show to be so thought provoking that I felt more liberal than conservative! Spader should get the emmy for this performance and so should Kelly for the writing. This show can have me laughing hysterically one moment and mind bogled the next. Yes, probably this would never happen in front of the Supreme Court, but just watching this happen on tv is powerful and moving and wishful thinking at its best. I need to watch Boston Legal more!
By Martha Campbell on 05/08/2008 8:03 am
Joyce Rigby
I tivo every Boston Legal - it is the best show on tv right now. In fact, I have watched that argument three times, now - I show it to friends and they are all impressed. Thanks for putting it here so I can pass it on even more.
By Joyce Rigby on 05/08/2008 8:34 am
Jeannot Kensinger
I think David Kelley to be pure genius ,hope this show will not end any time soon.
By Jeannot Kensinger on 05/08/2008 8:42 am
Kathy Steele
Liz Smith, I just found wow after listening to you on Gayle King! So glad I didn’t miss that show. I agree with you in reference to “Boston Legal”….never miss the program. The particular program you mentioned resonated with me for several days…..sometimes the writing of that show boggles my mind. It is brilliant. So glad to have found this site! I have followed your career of writing as much as I could. THANKS!! KATHY STEELE
By Kathy Steele on 05/08/2008 9:01 am
Barbara
Interesting clip. I’m not a regular viewer but I agree that this show is very thought provoking, which I appreciate. To the objection of the supreme court justices being cartooned, I think Scalia at least did that to himself very nicely when he recently declared that torture is not cruel and unusual punishment because torture is not punishment. I am very afraid when i hear that reasoning from this group that is appointed for life.
By Barbara on 05/08/2008 10:16 am
Jody h
David Kelley is a remarkable writer. I was not only impressed by the supreme episode, but also frightened by the power these judges have.(In addition the the politicians who appoint them.) I also found the alzhemier episode incredibly moving as it expressed so eloquently the horrors faced by all connected to the disease.Keep writing David, please!
By Jody h on 05/08/2008 12:41 pm
Georgie Peschke
I love..love…love (to use Gayle King’s words) Boston Legal! The topics on the show are conversation starters. James Spader and William Shatner have the greatest chemistry. I haven’t seen a lot of Clarence this season..My husband says if he ever became dictator of the world he is making Allan Shore head of the law area..(I told him he might want to get the writer(s) who actually write the scripts! =) I don’t really know how I feel about the death penalty. I can see both sides of the argument however, I wonder if anything heinous happened to me or a loved one if that would help me make my decision. I think the prison system we have in place now is just not working. Recidivism rates are not going down when people leave the prisons. I think the whole system should be looked at and revamped. How, I have no idea but we need to do something. Perhaps prevention with our youth would help eliminate some of the traffic going in prison…
By Georgie Peschke on 05/08/2008 10:22 pm
gari shar
I watch Boston Legal when I happen to remember it’s on and have time to watch. I remember viewing this episode and wondering for a moment if this could be the real Supreme Court. And then I thought to myself that of course they can’t be the real justices. I haven’t thought about that episode since, but this was enough of an impression that it still sticks in my mind. Interesting that you should mention it.
By gari shar on 05/09/2008 11:10 am
bambi59 mac
I don’t watch much TV, probably a dozen shows a week. I do always try and catch Boston Legal. While I agree it can be zany, that’s part of its charm. It is a multi dimensional program. The subject matters that are considered affect everyone. Imagine if the media took these subjects and addressed them to our presidential candidates. I don’t mean a soundbyte, but a meaningful conversation. We would all be better served. In the meantime, I’ll continue to listen to what Mr. Kelley presents in Boston Legal. It’s thought provoking and should probably be required viewing for our officials in Washington D.C..
By bambi59 mac on 05/09/2008 1:51 pm
Jo Jo
BL is far and away the best thing on TVDEK is brilliant as are the actors on the show especially Spader, Shatner and Candice. The show caters to adults, which is strange and wonderful in the otherwise wateland of reality crap that passes today as entertainment. I hope and pray it gets picked up for next season. Liz, can you find out from Candice and let us know?
By Jo Jo on 05/09/2008 7:48 pm
Diane cardinale
I think Boston Legal is televison at it’s best. I love this show and have seen every episode. I feel this particular episode was the most powerful one yet. It pointed out all the flaws of our legal and judicial system and Mr. Kelly portrayed it with genius. As long as this show is around I can’t imagine anyone other than James Spader getting the emmy “every” year.
By Diane cardinale on 05/09/2008 8:11 pm
Karen Gast
I have a request: Would someone please put together a DVD of Alan Shore’s closing arguments? I wait for those in each and every Boston Legal. And just a word for those who seem to think the show is “cartoonish”: satire. The “bit” characters based on Wolf Blitzer, Nancy Grace, etc. are priceless! And listen to the music. Remember when Betty White was being wedged to court through the throngs and the background music was “He had it comin’” from Chicago? No detail is overlooked on B.L., and the intelligence of the watching audience is never underrated.
By Karen Gast on 05/10/2008 6:56 am