Edward James Olmos as Judge Mendoza © NBC Photo: Chris Haston

Teleplay by Aaron Sorkin & Patrick Caddell,  Story by Aaron Sorkin & Dee Dee Myers, Directed by Bill D'Elia

Broadcast: November 24, 1999

Leo is about to start a meeting, but when he looks around not everyone is there:

"Where is C.J.?"
"Right here," she says as she comes in behind him.
"You should wear a bell around your neck, you know that?"

Later Josh gets a little too high on a subject and Donna tries to make him see things a little more realistically:

"Exercise cautious optimism."

And indeed nothing goes smoothly for long. Suddenly Congressman Lillienfield goes on national television to claim there is a great deal of drug use in this White House. Leo assigns Toby to handle it, and Toby appoints Josh to investigate the situation. Josh doesn't want this assignment:

"This isn't the time, Josh. We're taking water over the side."
"There's a principle here."
"No. There's not. Not this week. . . .We've been here for a year, and all we've gotten is a year older. Our approval rating is 48% and I think that figure's soft. And I'm tired of being field captain for the gang that couldn't shoot straight. We're getting this done."

Josh tries to find out if Danny knows anything about these charges:

"Information I get I have to print."
"Do you have any information?"
"No."
"Would you tell me if you did?"
"What kind of information?"
"You know what kind of information. . . . You know no one knows where I got it."
"It's not my job to help you out. In fact I'd get fired from my job for helping you out."
"I know that."

Sam discovers information that their first choice to fill the newly opening Supreme Court seat has a problem with the "right of privacy." The President tells Sam and Toby:

"When was the last time either of you slept? I don't care. Get ready for this."

Sam tells Toby and the President that privacy is going to be the big issue of the next decade:

"20s & 30s it was the role of government. 50s & 60s it was civil rights. The next 20 years it will be about privacy. The Internet. Cell phones. Health records. And who's gay and who's not. Besides, in a country born on the will to be free, what could be more fundamental than this?"

So the President decides to look at another choice and they all agree on him. Only problem is going to be getting him confirmed. The President tells Judge Mendoza:

"You were not the first choice. But you are the last one and the right one."
"What do you say, Leo? You up for a good fight?" the President asks forseeing the confirmation fight to come.
"I believe I have one in me, yes, sir."

Theme of Episode: The Right of Privacy

For anyone interested in guest stars of this episode,
let us recommend the West Wing Episode Guide.