First Street

Chapter 8

Drop Dead

Catherine McKenzie

 

[Extract from Amicus brief of Senator John Kerridge Jr. in Flaherty v. Dunbar]

1. Reduced to its simplest expression, this case is about life. The law establishes that life begins at conception. Life is what Leo and Patricia Flaherty set out to create when they began fertility treatments and that’s what they accomplished. That these lives reside in a medical lab is legally irrelevant.

2. The tragic death of Leo Flaherty changes nothing. Having deliberately chosen to create a life, Patricia Dunbar cannot now change her mind because that choice has become inconvenient any more than she could choose to abandon fully born children without consequences. If she did so, the State would deem her unfit, and that is what we are asking this Court to do. Ms. Dunbar no longer wants to care for her children. In fact, she wants them destroyed.

3. Could there be any better evidence that she is an unfit mother? Once a mother is declared unfit, the legal path is clear: the children must be put into the custody of people like Mr. and Mrs. Flaherty.

 

A hushed quiet blanketed the house during the early morning.

The clerk lay on her back and stared at the ceiling. She had to get up, but she was waiting. Putting it off. She heard heavy footsteps above her. Gabriel. Up and getting ready to go to the gym like every morning. She was right to have waited. He’d leave the house in eleven minutes. That wasn’t so long.

She closed her eyes and tried to slow her breathing. Her hand went to her stomach. It felt as it always had, slightly warm, the blood rushing around under her flesh.

Gabriel clomped out of the house on cue. She rose and crept to the bathroom, muffling her mouth when she stubbed her toe on the doorjamb. She’d hidden the package last night behind the precise row of toilet paper under the sink. She read the instructions carefully, then followed them. God, if her parents could see her right now …

She peed, then placed the wand on the counter and set a timer on her phone. Three minutes. Three minutes and she’d know. Though the test wasn’t 100% accurate. She’d only just missed her period, but she was usually so regular. She should wait until she was six days late for the best results, but she couldn’t wait that long. So, she’d bought the test and in one minute she’d 99% know.

You can’t be 1% pregnant. Who’d said that? Was it an argument that floated around in the abortion debate? No, it was something to do with the failure rate of the pill. Her brain wasn’t working right this morning. Not for a few weeks now.

Her phone buzzed. It was time to look. She did it quickly, like ripping off a Band-Aid.

And now she knew.

#

An hour later, Charlotte and Odessa left the house and walked the short distance to the Court.

Today was the day, Charlotte thought. Argument day. The Flaherty case had taken up so much mental space in their lives as clerks, and in a few short hours it would all be over. The arguments would be made, the questions asked, the vote taken. It would be months before the result would be public, but the clerks would know.

And then there was Justice Russo. Thinking of her created a knot in Charlotte’s stomach. Benjamin and Ada had tried to warn her, but did they actually know? Charlotte still didn’t know what was going on for sure. And Justice Russo had put some systems in place. Multiple alarms, her cell phone reminding her to do things at specific times. If she had Alzheimer’s, the disease didn’t progress in a linear fashion. There would be good days and weeks and maybe even months. But something had to be done.

Something had to be done about Gabriel, too. He hadn’t said anything, but Charlotte was certain that he’d connected the dots after looking at her laptop on Thanksgiving. What Charlotte didn’t know was what he was going to do with it.

“You hear that?” Odessa said when they were a block away from the Court.

Charlotte left her thoughts behind and focused. There was a strange buzz in the air. It sounded like a million insects. She wished she could cover her ears without looking strange.

“What is that?” she asked.

“The protestors.”

They rounded the corner and were met with an ocean of noise and humanity. Groups of women in pink T-shirts. Others wearing those handmaid outfits, red cloaks and white hoods that made Charlotte feel as if she’d stumbled into some dark Pilgrim settlement. Menacing men dressed completely in black, others wearing khakis and white long-sleeved polo shirts resembling the clean-cut Nazis from Charlottesville. Everyone yelled: chants, songs in round, slogans all blurred together, and Charlotte felt overwhelmed by the words and emotions.

How were they going to get past this and into the quiet confines of the building?

“This is nuts,” Odessa said close to Charlotte’s ear. “All for one case.”

“It’s not just—”

Odessa put a gentle hand on her shoulder. “I know, Charlotte.”

“So, what do we do? I can’t even see how we’re going to get to the door.”

“I can help.” The Death Clerk appeared behind Odessa. Charlotte felt a moment of guilt that she’d never learned his name.

“You know something we don’t?” Odessa asked.

He gave her a wry smile. “Usually.”

He was perfectly put together in a dark gray suit and a trench coat. Charlotte felt relieved that there must not be a death case on the docket. You could always tell what was going on in the Court by the level of frazzle the Death Clerk displayed.

“I know a back way in,” he said. “If you want to follow me.”

“Thank you,” Odessa said. “Coming, Charlotte?”

Charlotte took one last look at the thousands of people swarming First Street. Palpable anger filled the air, but all Charlotte felt was sad.

#

Lighter than usual traffic along US 50 made Jack’s ride home seem like an extension of his weekend off. D.C. was already emptying out in the lead up to Christmas.

December used to be Jack’s favorite time growing up. Everyone seemed nicer around the holidays, less stressed. The level of the scotch in his dad’s glass didn’t go down so quickly, and his mother was less likely to fret over minor details with the menu when his Dad was home more often for dinner.

All of that was ruined now.

The Friday after Thanksgiving, Jack had woken at dawn knowing he had to get out of town or go crazy. He’d packed a bag, thrown it in his Volvo, and left without a plan. He found himself driving toward the family shore house in Bethany Beach, one of the only happy places from his childhood. The town was run down and tacky, but the old farmhouse that the original Jack had bought in the thirties had a view of the ocean and was surrounded by thirty acres of woods. When he pulled into the driveway and took a deep breath of ocean brine, he knew he’d come to the right place.

He’d left his phone in his car and spent the weekend trying to make sense of what was going on. How had Emily and his father begun a relationship?

His feet pounded through the sand on a run so long his legs shook by the end of it. How was that pairing even possible? He’d long suspected that his dad hadn’t been faithful to his mother—it was one of the reasons he hated him. And maybe some of those women had been younger, the pretty young things he was known for hiring. But Emily. Emily. His Emily.

Even he didn’t think his father could sink that low.

And what about her? That tortured him, too. They used to make fun of the Senator together. His pompousness. The way he insisted on being referred to by his title. How his father and her mother liked the limelight too much, how they were never going to be like that.

Jack tried to think back to the first time he’d introduced them. That ski trip to Jackson Hole in 1L? He’d been proud to bring Emily to his parents. And she’d seemed to fit right in. She was better with his parents than he was.

He took the Bladensburg Road exit, his heart accelerating as he got closer to the Court. He’d left a suit and clean shirts at the office a while back—he couldn’t remember why now—and he could use the showers in the gym. He could make himself look presentable even though he felt anything but.

And when the day was over, he’d cross the park to his father’s office and have it out with him once and for all.

#

“Have you made an appointment?” Charlotte asked Justice Russo.

Justice Russo shook her head in annoyance. “Nothing has happened since that unfortunate … incident.”

“I know you’re afraid. A diagnosis can be scary. But it can also mean treatment. I’ve been doing research, and there’s some amazing things going on with Alzheimer’s these days. For instance, it might be linked to gingivitis.”

“Are you suggesting that I have bad dental hygiene?”

“No, of course not, I—”

“Leave it, Charlotte.”

“But—”

“But, nothing.” Justice Russo closed her eyes and leaned back in her chair. They were alone in her office, and the din from the protestors outside, while muted, was still audible, like a fly humming around the room.

Charlotte watched Justice Russo. She looked tired and like every one of her seventy-four years. Charlotte had never thought of the judge as old before, despite all they’d been through this term. But she was old, older than she’d been a year ago when she and Charlotte had first met.

“I—”

“No, Charlotte.” Justice Russo opened her eyes. “I told you to leave it and if you can’t, then perhaps we have to rethink this arrangement.”

“Rethink what?”

“Perhaps I made a mistake in choosing you as a clerk. If you left your term early, you’d land on your feet, I’m sure.”

Charlotte’s heart pounded. She’d pushed too hard and now this was what she was facing. The possibility of being dismissed.

“I don’t want to leave.”

“Then you know what to do.”

“Yes, Boss.” Charlotte hesitated. “Did you want to go over the questions for today?”

Justice Russo reached out for the folder Charlotte had brought her with a series of neatly typed questions inside. “I’ll review these myself, thank you.”

Charlotte opened her mouth to ask if she was sure, then shut it. There wasn’t anything more she could do here but damage her own future.

#

Jack circled for blocks looking for parking and eventually put his car in a lot.

When he’d finally checked his phone at the shore house this morning, there were several texts from Odessa, along with a half-dozen from his mother about the fact that he’d walked out of Thanksgiving dinner. He’d messaged his mother to let her know he was all right but couldn’t bring himself to do the same with Odessa. He had to speak to her face-to-face. He’d probably fucked things up with her. Another reason to hate Emily and his father.

Jack heard the protestors before he saw them. As if this day needed to be any crazier. That’s what the melee looked like to Jack. An ocean of crazy. He had an opinion about the case, sure. He was a firm believer in choice, and he didn’t think it was anybody’s business what someone did with their own genetic material. But he couldn’t get quite as worked up as the pro-choice crowd either. Were the handmaid outfits really necessary, for instance, to get their point across?

“Jackie!”

“Hey, Frank, what’s up?”

“You look like shit,” Frank said.

“Thank you.”

“You want to talk about it?”

“Not really.”

“Fair enough.” Frank turned toward the crowd with his sign hoisted over his shoulder. It said: EMBRYOS ARE ALIENS TOO. Jack ducked deftly out of the way before he got clocked by the sign.

“You see these assholes?” Frank said, his voice quivering with emotion. “They got no respect. I can’t get my normal spot. I’m here every day. Every goddamn day. They’re just interlopers. Day traders.”

“You want me to throw some elbows?”

“Nah, though I appreciate the offer.”

Jack took a close look at his old friend. Frank had lost weight, going from thin to gaunt.

“Let’s go,” Jack said.

“Where?”

“I’m starving. Let’s eat.”

Frank gave one last glance at the crowd, then turned on his heel, ready to march. “Where to?”

“I know just the place.”

#

“Hey, you. Where are you going?”

Charlotte looked up. It was Robert. She’d been avoiding him for the last couple of days. She wasn’t sure why, only that when they’d played their last game of Boggle on Saturday, she’d felt as if the words were giving away her thoughts. HIDE, HIDDEN, LIE … they’d all jumped out at her and she’d abandoned the game and forced herself to sleep.

“I thought I’d get some air before the hearing,” Charlotte said.

“Are you crazy?”

Her shoulders rose. “What?”

“You can’t go out there.”

“Why not?”

Robert looked puzzled. “The protestors … it’s nuts.”

“Oh, right. We got caught in that this morning.”

“I heard they’ve increased the police presence by a factor of ten.”

“So much anger,” Charlotte said sadly.

“It’s an important—”

Charlotte held up her hand. “No. We agreed. If you tell me what you think about this, I might not like you anymore.”

Robert smiled. “Why do you assume I’m not on your side?”

“You work for the Chief.”

“So does Odessa.”

“Yeah …” Charlotte stopped talking as soon as she saw Dana walking down the hall toward them looking like a dog on the scent. “Oh, no … Wait.” She looked to her left. Perfect. The women’s restroom. “Here, come with me …”

She grabbed Robert’s lapel and pulled him into the restroom. Charlotte glanced quickly at the floor under the stalls; they were alone.

“Hey, whoa, I’m into you but maybe not so much in the restroom?” Robert said.

“Don’t be stupid. I’m trying to avoid Dana. She’s asking questions I don’t like.”

“About Russo?”

Charlotte turned around, her heart hammering. “What do you mean?”

Robert shrugged. “Just how she’s been a bit off lately.”

“She’s fine.”

“If you say so.”

“What’s that supposed to mean?”

Robert stepped closer. “Come on, Charlotte. Everyone’s noticed that her questions haven’t been as sharp. And what about the day she was late?”

“Her alarm didn’t go off.”

“It’s weird is all I’m saying.”

She put her arms around his waist and tried to relax.

“We’re all tired, I think. It’s been a tough term,” Charlotte said.

Robert smiled. “That why you haven’t played the last three games I sent you?”

“Sorry.”

He leaned in and rested his forehead against hers. “I know how you can make it up to me.”

“Isn’t that how that O’Connor clerk got fired?” Charlotte asked.

“I think that was because they used her desk.”

“You just said you weren’t into doing it in the restroom.”

“Can’t a man change his mind?” Robert put his lips on hers. “Don’t worry.”

Charlotte hesitated, but maybe this was the right thing to do. Distract Robert. Keep him occupied so he couldn’t ask too many questions. It was only 8:56. There was time.

“Why don’t you lock the door?”

#

Jack rapped on the doorframe of Odessa and Gabriel’s office with some trepidation. He was carrying her favorite coffee. At least, he thought it was her favorite coffee.

She turned her head, started to smile, then her mouth dropped into a frown.

“Hey,” Jack said.

“Hey?” Her voice was tinged with anger.

“I brought you some coffee.” Jack shuffled into the room awkwardly and put the coffee on the edge of her desk. “You like a capp with an extra shot, right?”

“Um …”

“Shit, sorry.”

Odessa shook her head. “Jack?”

“Yeah?”

“Where the hell have you been?”

Jack’s shoulders drooped. “I was at the shore house.”

“The what? What?” Odessa’s features were tight, her whole body tense.

“You’re mad.”

“Damn straight I’m mad. You left in the middle of the night. I texted you a bunch of times and you never answered, and then there’s … And now you tell me you’ve been at the beach? What the fuck.”

Jack held out his hands. “I’m sorry.”

“That’s it?”

“No. I want to tell you more, but I can’t right now.”

“I need more than that.”

Jack grimaced. “Some bad family shit went down at Thanksgiving. I … I learned something I still don’t know how to process. But I want to tell you. I do. Can we … Can we get dinner tonight? I can try to fill you in.”

Odessa softened slightly. “This isn’t about us?”

“No,” Jack said, shaking his head emphatically. “Of course not.”

Odessa looked skeptical. “You’re not running scared?”

“Of you? No. I swear.”

“Pinky swear?”

Jack grinned. “Triple.”

Odessa answered with a smile. “Okay, then.”

“Dinner?”

“Yes,” she said. “I’d like to talk.”

Jack wasn’t sure either of them would like the result of that talk, but he’d have to risk it.

#

Gabriel stood outside his office listening to Jack and Odessa. He should’ve barged in rather than standing here in the hall like a gossipy girl, but something had stopped him. And now he felt like he might puke. This was exactly what he didn’t want in the house. Romance. A sure accelerant for house trouble. Yuck.

His phone buzzed in his pocket. It was his abuela. She never called him unless it was an emergency.

He stepped away from the door and answered.

“What’s wrong?”

“It’s Julio. He has measles.”

“What? How?”

“There’s an outbreak here.”

Gabriel started to sweat. Julio had only left D.C. on Saturday. Had he missed the signs? “But he was vaccinated, right?”

“Well …”

“What?”

“They were saying there was something in the vaccine, something dangerous.”

Gabriel went cold, his own statements to Charlotte during the vaccination case coming back to haunt him. Sure, it was fun to poke holes in the science and needle Charlotte, but he hadn’t really meant it, he realized.

“When?” Gabriel asked. “When were they saying that?”

She said nothing, just started to cry quietly.

Gabriel felt a chill spread through him. “Wait … am I vaccinated?”

“No.”

He’d taken Julio to the airport Saturday morning. Who had he infected? Did Gabriel have measles now? No, no, he was fine. He had to be. “How is that possible? How did I go to school? And the military …”

She sniffed loudly. “We had fake papers. Your abuelo knew a guy.”

He couldn’t believe what he was hearing. His grandfather knew a guy? “Is he going to be okay?”

“We are at the hospital.”

“Jesus.”

“Do not take the Lord’s name in vain.”

He sighed out his impatience. “Sorry, Abuela.”

“When are you coming?” she asked desperately.

“I can’t right now.”

“Gabriel, we need you.”

Gabriel’s heart sank. He couldn’t say no to her. He went through the list of things he needed to do. Taking off for Texas wasn’t one of them. But it was his family. He didn’t have a choice.

“Okay, yes, fine, I’ll be there tomorrow.”

#

Jack arrived at his office with his stomach in knots—this day was already a shit show and it was only going to get worse.

Charlotte was sitting at her desk, perfectly still. This was unusual. Charlotte was great at concentrating, sure, but it was always on something—not just staring blankly at a screen.

“What’s going on?” Jack asked.

Charlotte glanced at him. She had dark circles under her eyes; not the kind of thing that Jack would normally notice, but her skin was so pale, the patches stood out.

“I can’t tell you,” Charlotte said.

“Is it Russo?”

“She’s fine.”

“Then what’s wrong?”

“I don’t … when I know more, I’ll let you know.”

Jack’s rage boiled over. “Everyone’s keeping secrets, I’m so fucking sick of the bullshit.”

He turned on his heel and stormed out.

Jack’s anger didn’t propel him very far. He was stopped cold by the sight of his father in the hall, talking to Odessa as they stood near the hearing room.

No. This could not be happening.

His father looked up and made eye contact. “Ah, Jack. Just the man I was—”

“You have got to be fucking kidding me. What are you doing?”

Odessa looked confused, glancing back and forth between them.

The Senator put his hand on her arm. “I was talking to this lovely young lady—”

Jack held back from ripping his father’s arm off Odessa. “No, no way. Leave. Get out of here.”

“Lower your voice, young man.” The Senator rose to his full height. “I’m pleading my amicus brief this morning. I most certainly am not leaving.”

“Jack?” Odessa said. “What’s going on?”

He softened slightly. “Nothing. I— it’s … do you mind leaving me alone with my dad for a minute?”

“Sure, of course.” She nodded politely at the Senator, then walked away. They both watched her pull open the door to the hearing room and disappear.

“Now,” the Senator said, turning toward Jack with a snarl. “What is this all about?”

“You know.”

“No, Jack, I do not. Neither your mother nor I appreciated how you left at Thanksgiving. You could have at least done her the courtesy of saying goodbye properly.”

“This is a fucking joke.”

“What is, Jack?”

“You. Her.” Jack leaned forward. “I know, okay? I fucking know about you and Emily.”

The Senator paled but remained composed. Jack supposed he’d had a lifetime of practice. “And what do you intend to do with this information?”

“What do I—What? That’s all you have to say?”

“I cannot have this conversation now. So, I’m going to go into the hearing room, and you’re going to go sit in your place and listen. And then …” He raised a finger and touched it to Jack’s chest. “And then, we will sit down, and we will discuss this like men instead of the petulant boy you insist on being.”

Jack took a step back. He couldn’t stand to be this close to his father, to have any physical contact between then. He closed his hand into a fist and pulled it back reflexively.

“Jack!” Charlotte’s shocked voice rang out in the hall. “No!”

A shadow loomed behind his father. One of the Capitol police, walking toward them. Jack relaxed his arm and let his hand unfurl. “Right, sure. Whatever you say.”

And then he walked in the opposite direction.

#

Charlotte couldn’t believe Jack had almost hit his father. She’d never seen them together, but everyone knew who the Senator was. The world was falling apart.

What did Robert know about Justice Russo? Had he been the one talking to Dana? Why wouldn’t Justice Russo listen to her and go to the doctor? She’d never had so many questions swirling around in her brain. She didn’t like it. She wanted it to stop. She needed it to stop.

She went through the clerks’ entrance to the hearing room. Robert had saved her a seat. Her cheeks burned at the thought of what they’d done in the bathroom. What was wrong with her? She was taking too many risks, not thinking properly. There were consequences to that, for certain.

She sat down next to him.

“You’re cutting it close,” Robert said.

She checked her watch. It was 9:55. “Still a few minutes before they start.”

Robert rubbed his hands together in anticipation. “I wonder how this is going to go down. Did you know Jack’s dad was pleading?”

“I read his amicus brief.”

“And you hated it.”

She turned toward him. He looked so eager and happy. Carefree. She wished she could be like that. “I thought we had an agreement not to talk about the case.”

“True. I guess we’ll see whose side wins, though.”

“So, you’re admitting we’re not on the same side?”

Robert covered her hand with his. “Just teasing you.”

She turned away. Another thing she hated. Teasing. Something that came easily to others for which she’d never had the knack.

“Okay,” she said.

“You’re not mad?” Robert asked.

“No.”

He looked at her with concern. “What, then?”

“I just want this to be over with.”

“Um, what?”

“The argument. This case … it makes me anxious.”

“Why?”

“You wouldn’t understand.”

“Hey, come on, that’s not fair.” Robert tugged at her hand. “You can talk to me.”

“I—”

The clerk stood and bellowed, “Oyez, oyez, oyez …”

“We’ll talk after, okay?” Charlotte gave his hand a squeeze as she stood and kept her eyes on the door the justices were about to walk through.

Maybe if she concentrated hard enough, this would all turn out okay.

#

Jack found himself storming up the spiral staircase that would take him to the gym above the hearing room. He needed to be alone, and no one was supposed to be up there during hearings, so it would be empty.

As he climbed up the steps, he thought back to that first-day tour with Judith. This year was half over. And then what? His father was going to insist that he work in some Big Law firm, or some Senate office, or wherever he thought Jack should be to bide his time until he ran for Congress. Jack had told him again and again that he wasn’t doing that, but his father never listened.

He liked clerking. And he’d met Odessa. He liked how capable and low-key she was. How she went about being the best without being in your face about it. So different from Emily, who was smart, too, but needed you to know it.

Now all of that was ruined.

He swiped his key card and opened the door to the gym. He couldn’t hear anything below, only the echoing quiet of the room. He picked a ball off the rack and walked to center court. He stood above the Supreme Court seal, the eagle’s wings splayed out beneath his feet, and held the ball tightly in his hands. He looked at the clock. It was just after ten. He pulled out his phone and checked today’s schedule. His father was scheduled to speak at 10:45.

His father acting as an amicus was such bullshit. The Senator didn’t care about choice. Jack had heard him telling his mother more than once that choice was the easiest red meat in politics. All you had to do was say you were pro-life and in came the money.

He’d read his father’s stupid brief. The words made him sick to his stomach. The Senator was so fucking convincing, an Academy Award-winning actor who’d missed his true calling. He didn’t know how his mother had put up with his father over the years. But this was it, he thought, as the clock ticked. This was the end.

He gripped the ball tighter, standing ready.

When the clock hit 10:45, he’d be ready.

#

Charlotte watched Russo intently. She’d done all right during the first half of the Flahertys’ lawyer’s arguments. They had an old hand pleading for them; one of the venerated members of the Supreme Court Bar. The Flahertys couldn’t afford his rates, but rumor had it that a coalition of men’s rights groups and pro-life advocates footed the bill.

Charlotte felt nauseous. Justice Russo had flubbed one of the questions Charlotte had written out for her when the lawyer asked Russo for a clarification. Russo looked down at the sheet and asked the exact same question again. Charlotte realized right away what was happening. There was a word missing. She’d left out the verb, and so the sentence was nonsense. And whatever was going on in Russo’s brain made it so she couldn’t make up the difference.

Justice Rourke shot Russo a funny look, then bent towards his own microphone. “What my learned friend was trying to say was, why isn’t this simply a matter of personal property?”

“As we outline in our brief, Mr. Justice,” the lawyer said, smirking. He clearly assumed this was a softball being thrown at him by Rourke, but Charlotte wondered, was Rourke coming to Russo’s rescue? “Louisiana law precludes you from finding that—”

“Yes, yes,” Justice Thompson chimed in. “We understand that. But if that law is in violation of constitutional norms, it’s not applicable.”

“Well, now,” Justice Rourke said. “I don’t know …”

“Did you have anything to add?” the Chief said to the lawyer. “Your time is running out.”

“I’m happy to sit on that, Chief Justice. Thank you.”

The lawyer left the podium and Charlotte let out a long breath. It would be fine now. There was the amicus brief for the Appellants and then it was time for Patricia’s lawyers to speak. Justice Russo didn’t have to ask questions then. It would be expected, but not as noticeable if she didn’t, since everyone would assume she agreed with what she was hearing.

Charlotte couldn’t believe she’d made a mistake like that, leaving out a word in the questions. How could she have been so careless?

“Jack looks like his dad,” Robert said close to her ear.

Charlotte watched Senator Kerridge walk to the podium. He and Jack did look very much alike, though the Senator was taller and thicker through the middle.

“He does.”

“Kind of alike in other ways, too.”

“I don’t think so,” Charlotte said.

Robert looked puzzled. “I thought you said he was a selfish jerk.”

“I never said that.”

“Doesn’t he leave his stuff everywhere and expect everyone in the house to clean up after him?”

“Yes, but …”

“Didn’t he and his friends torture you at law school?”

“Not him, personally.”

Robert smiled at her, but for the first time his smile looked malevolent, not welcoming. Charlotte shivered and began to feel afraid.

She turned and fixed her gaze on Russo.

#

“What are you doing?” Odessa asked Gabriel after she looked away from Senator Kerridge, who’d caught her eye on his way to the podium and given her a wink. What was that about?

“What does it look like?” Gabriel hissed.

“It looks like you’re checking your phone.”

“So?”

“No phones in the hearing room. You’ll get kicked out if they see you.”

Gabriel slipped his phone into his pocket. “I know, okay, Odessa?”

“What the hell is wrong with everyone today?”

“Oh, sorry, did you and Jackie boy have a fight?”

Odessa shook her head. She should’ve known better than to try to help Gabriel with anything. He could be gentle sometimes, but if he felt like you were challenging his knowledge, he always lashed out.

“We’re fine.”

“Really?” Gabriel said sarcastically. “You’re fine with him just leaving like that unannounced? Cool, cool.”

“You don’t have to be a complete jerk all the time, Gabriel.” Odessa hissed back. “Just half the time would do.”

She watched Gabriel’s hands bunch into fists in his lap.

“I’m sorry,” he said.

Odessa had never heard him apologize before. “All right.”

“My brother’s sick,” he said in a concerned voice.

Jack’s father began to speak. “May it please the Court …”

“I’m sorry,” Odessa said.

“He has measles.”

A nervous laugh was about to bubble out of her mouth just as a loud thwack pounded from above. What the hell was that?

Thwack. Thwack. Thwack!

The sound was unmistakable. Someone was slamming a basketball into the ceiling above them as hard as they could.

As hard as he could.

Jack.

#

The sound spread through the room like a wave. Normally, the hearing room was deathly quiet save for the person pleading and the sometimes-harsh questioning from the bench. But now a low murmur started up that reminded Charlotte of the noise she’d heard earlier that morning. A swarm of insects.

The Chief picked up his gavel and slammed it down. “Silence. I will have silence in this courtroom.”

Senator Kerridge stopped pleading and glanced up at the ceiling. The rhythmic pounding continued.

“Please continue, Senator.”

“Certainly. As I was saying, the heart of this matter is the following: having chosen to create life, Patricia Dunbar cannot now simply choose to throw it away because she has other plans …”

Charlotte tried to tune out the Senator’s words as she watched the Chief. He was visibly angry, his face flushed, his eyes narrowed.

“He’s going to blow his stack,” Robert whispered.

“Who do you think it is?”

“No idea. But they’re toast.”

The Chief leaned back in his chair and motioned to one of the marshals standing to the side of the bench. When he was close enough, the Chief slipped him a piece of paper. The marshal nodded and walked away with purpose.

He had his marching orders.

#

If Jack had known how satisfying slamming a basketball into the floor over and over and over with no purpose other than to make the loudest sound possible would be, he’d have tried it long ago.

He felt as if he was obliterating a painful memory with each slap of the ball. Take that, the time he’d come into the kitchen and found Emily and his dad laughing over some district matter. Take that, the time he’d asked why Emily was taking her phone with her into the bathroom. Take that, all the times his parents disappointed him as a child. He didn’t need anyone in his life. He was going solo from now on. Jack and Jack alone was enough for him. So long as this basketball remained inflated, he could get the job done.

Slam!

Jack dropped the ball, startled by the door to the gym flying open. Two members of the Capitol police stood there.

“Put your hands up!”

“What, I—”

“Sir! Put your hands behind your head and get down on the ground!”

Jack raised his hands slowly, trying to calm his nerves and smile his way through this. “I work here.”

“You are not listening to us, sir. Get down on the ground now!”

Jack laced his hands behind his head and bent down slowly to his knees. One of the officers cuffed him from behind with a thick plastic tie.

“That hurts.”

“I am applying the requisite amount of force, sir.”

Jack couldn’t believe this was happening. “It was only a basketball.”

“You have disturbed the proceedings of the Court. You are to remain here, restrained, until the Chief decides what to do with you.”

“What? Come on. At least take me downstairs or something. This is ridiculous.”

“These are our orders, sir.”

“Can I at least sit against the wall? This is hell on my knees.”

The officers glanced at each other. Jack guessed their instructions hadn’t been this specific. He couldn’t imagine that the Chief would actually want them to draw their weapons on him. Not on John Kerridge’s son. He almost started to say do you know who I am, then stopped himself.

He wasn’t that Jack anymore.

He guessed he was about to find out what kind of Jack he was going to be.

#

The noise from the ceiling stopped as suddenly as it began. Everyone looked up reflexively.

“God heard my prayer,” the Chief said in a joking tone and the room erupted in laughter.

Some of the tension was released, but not in Odessa. There was no way the timing of this could be a coincidence. Jack was in so much trouble right now, and she didn’t know what to do. It wasn’t her responsibility to fix it, but she cared about him. She saw him in her future, and based on their conversation this morning, he seemed to want that, too. But was he someone she could rely on when things got complicated?

The Senator finished his remarks and took a seat.

She wondered if she should leave and try to go find Jack. But there wasn’t any point. Whatever trouble he’d gotten himself into was something he was going to have to deal with on his own. That probably went for her, too.

She watched the bench as Patricia Dunbar’s lawyer rose to argue. The Chief appeared outwardly calm, but his face still had a red cast to it. She hadn’t seen him lose his temper much, but his anger showed once or twice, usually when there was a death case. He hated the stress of those cases, having to navigate whether someone should live or die on his watch even though he was for the death penalty. It was one thing in theory, he’d intimated, it was another knowing that you could stop the switch from being flipped.

She didn’t have that power here.

She watched the rest of the argument and waited.

#

Outside the hearing room after, Odessa caught up with Gabriel.

“I’m sorry about your brother,” Odessa said quietly.

He gritted his teeth. “Right, sure.”

“Hey, that’s not fair.”

“Don’t think I didn’t see your smirk when you heard he had the measles. You probably figure I deserve it.”

“It was a nervous tic. I’m sorry. I would never think anything like that.”

“Uh-huh.”

“If you don’t know me well enough by now …”

Gabriel shrugged. “He’ll be fine.”

“I hope so.”

“Jack, on the other hand …”

“And this is where I leave you.”

Odessa turned and left, her gait stiff. Gabriel watched her go, feeling strangely regretful. Whatever. She was the competition. He didn’t know which way this hearing was going to go. He might fall behind if it went against his recommendation to let the Flahertys have the embryos. And then Lord knew how long he was going to be away for his brother. Did God have it in for him for some reason?

He saw Dana walking toward him deliberately. Shit, Russo. She’d screwed up that question on the bench today. Twice. Whatever was wrong with her was going to come out soon.

Now there was an idea. A way to finally be ahead of everyone else forever. He couldn’t believe he hadn’t thought of this before.

He strode confidently through the building, stopping only when he got to the door behind which the Justices were meeting to decide the fate of the embryos.

He didn’t have long to wait.

The door opened and the Chief walked out first, keeping to precedent.

“Sir, might I have a minute?”

A flash of annoyance crossed his face. “Is it important, Gabriel? I have other matters to attend to.”

“I think it is of the utmost importance or I wouldn’t have bothered you.”

“Walk with me, then.”

“I thought somewhere more private …”

“Walk with me.”

The Chief turned in the direction of the stairs leading up to the gym. He strode quickly, forcing Gabriel to almost run to keep up with him.

“What is it, Gabriel?”

“Well, sir, I’m concerned about Justice Russo.”

The Chief stopped abruptly. “Pardon me?”

“Justice Russo … I mean, you saw what happened today with the questions. And then that day she was late coming to Court.” The Chief’s eyes were slits, but Gabriel pressed on. “And then, well, I don’t want to get anyone in trouble, but I think one of her clerks is covering for her.”

“Is that so?”

“Yes, sir.”

“And why are you telling me this?”

“Because if something’s wrong with her, sir, shouldn’t she resign?”

The Chief crossed his arms and leaned toward Gabriel. “That is my concern, not yours.”

“It’s everyone’s concern, isn’t it? That woman from Under Their Robes has been sniffing around the story for weeks. I think someone is leaking to her. If there is something there, it’s going to come out soon.”

“I want you to listen to me very carefully,” the Chief said, his voice full of menace. “You are to speak of this to no one. If I ever hear anything about this again, you will be summarily dismissed with a bad report.” The Chief straightened. “Now, I’m sure you think you were acting out of concern. And I’m sure you have an active imagination. I know I can count on you to quash these rumors if you ever hear them again. Yes?”

“Yes, sir.”

“Good.” He patted Gabriel on the shoulder in the most condescending way possible then marched away.

Gabriel had better sense than to follow him. He watched the angry set of the Chief’s shoulders as he yanked open the door to the spiral staircase.

That did not go according to plan.

What was happening? Why didn’t the Chief seem to care about … Oh.

The truth crashed on Gabriel like a wave.

The Chief didn’t care because the Chief already knew.

#

Charlotte was pacing anxiously in Justice Russo’s chambers, waiting for her to return. Jack was nowhere to be seen. She’d raced away from Robert the moment the argument was over, her doubts about him too big to handle. Today was such an unreasonable day, she knew she shouldn’t make any big decisions about him or anything else.

One minute in front of the other. That was the only thing that was going to work.

Justice Russo walked into chambers. She had a worried look on her face. “Oh, Charlotte. I’m glad you’re here. Can you come into my office for a moment?”

“Yes, of course. What … What was the vote?”

“Five to four.”

Charlotte’s heart sunk. “In favor of the Flahertys?”

“No. The Chief sided with us.”

“Patricia Dunbar won?”

“She did.”

Charlotte felt as if she was on a seesaw of emotions. This was the best news she’d received in a long time. Why didn’t it feel that way?

She followed Justice Russo into her office and closed the door behind her. Justice Russo stopped before she got to her desk.

“Charlotte?” she said without turning around.

“Yes, Boss?”

“I think I’d like you to take me to the doctor.”

#

Jack felt as if his knees were suffering permanent damage when the door slammed open again and there was the Chief, red-faced, sweating, and glowering.

“Sir—”

The Chief spoke in a brusque tone. “Cut those restraints off him, for God’s sake.”

The officers moved quickly, and in a moment Jack’s hands were released. He rubbed at the red marks on his wrists.

“You can stand,” the Chief said.

Jack put his hands on the floor and pushed himself up. He forced himself to look the Chief in the eye, ready to take his punishment like a man.

“Leave us.”

“Sir—”

“I said, leave us.”

The officers followed his command. The Chief said nothing, just stared at Jack, his breathing labored from the climb.

When the door clanged again, Jack spoke. “I’m sorry.”

“That’s all you have to say?”

“No excuses. What I did was unacceptable. I understand if you have to fire me.”

“You understand? No, I do not think you do.” The Chief walked toward him. He was still in the dark suit pants he wore under his robe, his shirt marred with sweat. “You stupid boy.”

“I—”

“No. Do not speak to me again unless I ask you a direct question.”

“Yes, sir.”

The Chief shook his head slowly. “You really don’t get it, do you? Arrogant enough to turn down a clerkship with me; I should’ve known. But then Justice Russo gave you a good report. Said I had misjudged you. I listened to her. Despite my better judgement and your father’s wishes …”

“My father?”

“I said, silence!”

His voice echoed through the room. Jack wondered if the police had stayed outside the door, if anyone could hear him. He wasn’t frightened, but he didn’t like the look in the Chief’s eye.

“Sorry, sir.”

“You think you’re so different than your father, don’t you? But you’re the same, Jack. You think I don’t see him for who he is? You’re just like him. Arrogant, cocksure.”

The Chief began to pace back and forth, his color getting worse.

“And now you’re leaving me with no choice. I can either keep you and stay in his good graces, or fire you like I should and face the fallout. What would you do in my position?”

“I—”

“It was a rhetorical question!” Spittle flew out of the Chief’s mouth and landed on Jack’s face. Jack longed to wipe it off, but before he could risk it the Chief lurched forward, crashing into him.

They fell heavily to the ground. Jack’s head cracked against the floor. He closed his eyes against the pain and tried to figure out what the hell had just happened. Had the Chief tackled him? Why wasn’t he speaking?

Jack rolled over. The Chief was next to him, half covering the great seal, unmoving.

Oh, shit.

“Help! Someone help!”

He scrambled to the Chief and turned him over. His eyes were half-open, his breathing shallow. Jack pulled at the tie around his neck and opened his shirt collar.

“Help! Please! Help!”

He lowered his head over the Chief’s chest, listening. He tried to remember his lifeguard training. He reached for the Chief’s wrist, trying to find a pulse. He thought he felt a few faint beats, but he couldn’t be sure.

“Come on, sir. Stay with me, keep breathing!”

The Chief’s head lolled to the side as Jack pulled his phone out of his pocket. He pulled up Odessa’s contact and hit the phone icon. “Come on, come on, pick up.”

“Jack?”

Jack put the phone on speaker as he straddled the Chief and began chest compressions. “Call 9-1-1 and send them up to the gym!”

“Are you okay?”

“It’s the Chief. He had a heart attack and I think he might be dead.”

#

“Hold on, Jack,” Odessa said in her office as Charlotte walked in. “I’ll call right now.”

“What’s going on?” Charlotte asked.

Odessa held up her hand and put Jack on hold. She dialed 9-1-1 with shaking fingers.

“9-1-1. Please state the nature of your emergency.”

“We need an ambulance urgently to One First Street. There’s a man in his early sixties who has had a severe heart attack.” Jack had said he might be dead, but she couldn’t get the words out.

“Are you with him, ma’am?”

“No, I …” Odessa looked at Charlotte whose eyes were round with panic. “Wait, I can patch you into him.”

She held out her phone and pushed the merge call icon. “Jack, are you there?”

“I’m here,” Jack said, his voice full of strain.

“You’re on with 9-1-1.”

“Sir? Please state the nature of your emergency.”

“The Chief Justice of the United States is dead. Please send an ambulance immediately!”

“Sir, can you please confirm, sir. Is this a prank call, sir?”

“It is not a fucking prank call. Jesus, Odessa?”

“I’m on it, Jack!”

Odessa handed the phone to Charlotte and ran into the hall. Wayne, the security guard, was a few feet away. “Wayne! Jack’s up on the court with the Chief. He’s had a heart attack. We tried to call 9-1-1, but they think it’s a joke. Please, do something!”

Wayne picked up his walkie and clicked it on. “We have a red alert on the Chief on the third floor. I repeat, a red alert on the Chief on the third floor. All stations, we need an ambulance ASAP …”

Odessa turned away and ran back into her office. She took the phone from Charlotte. “Jack! Are you there? Help is coming.”

“I’m scared,” Jack said. “I’m really scared.”

Odessa felt near tears. “It’ll be okay, Jack. Help is coming. Help is coming to you now.”

Odessa heard a sound like a door slamming open over the phone line, and outside her window the distinct sound of ambulance’s siren filled the air.

Help was coming.

She felt the energy drain out of her body as Charlotte reached out to steady her. She dropped the phone to the floor as they clung to one another.

Help was coming, but it already felt too late.

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