Brandt's attempted exposé on Nolan is promoted on television without his knowledge, causing Nolan to hurriedly prepare a defence against the false charges of indiscretion. Brandt's producing partner Marsha Palmer ignores his protests and insists that he broadcast it. But he surprises everyone by publicly declaring Nolan innocent and retracting his premature accusation. Brandt's job is terminated, but he is triumphant—and Nolan is greatly relieved that she did not bring dishonour to the Supreme Court.

It's the day before a Texas man is to be executed for a rape and murder, and his petition for a stay arrives at the Court. As usual, Nolan has the swing vote. Recent DNA evidence throws his guilt into question, but the Court can't rule on that. It can consider procedural matters, though, so Kate's clerks scour the trial record (and play devil's advocate with each other). Meanwhile, Harlan, who's covering the story in Texas with Betsy, receives an intriguing proposal from an old girlfriend.