Free Protect and Defend by Richard North Patterson Page B

emergency which expressly
excludes
emotional damage
or
fetal defects—no matter how severe. That’s what this statute does:past viability, a court can permit abortion
only
if a continuation of the pregnancy is ‘likely’ to cause the mother’s death, or to ‘greatly impair
her physical
health.’
    “Any doctor who now performs an abortion on Mary Ann Tierney without the consent of a parent, or permission of a court, faces two years in prison and the loss of his right to practice medicine. That means this girl is stuck.” Despite her sleeplessness, Sarah felt a renewed energy. “What I believe,” she finished, “is that it violates Mary Ann’s right of choice for a parent
or
Congress to force her to have
this
child under
these
circumstances. That’s the case I want our firm to bring.”
    Nolan frowned. “That’s very different than suing a landlord who denies hot running water to an indigent old woman.”
    “I agree,” Sarah answered. “It’s also more important to more women. Starting with Mary Ann Tierney, and including some of our clients.”
    Nolan placed a pen to his lips, appraising her in silence. Meeting his gaze, she forced herself to wait him out—this, too, was a test which many others had failed.
    “Where would you find the obstetrician?” he finally asked. “And the psychiatrist?”
    “The University of California at San Francisco,” Sarah responded. “According to the pro-choice groups I talked to, some of the country’s top specialists are here, who’ve served as expert witnesses in other abortion cases. I’m sure I could reach them within a couple of days.”
    Once more, the swiftness of her response seemed to give Nolan pause. “You’re authorized to go that far,” he said at last. “And no farther. After that I’ll consider whether to trouble our Executive Committee with this. But I’ll tell you something right now—they might let pro-choice groups help write your briefs and round up your witnesses. But they will
never
let our firm take them on as co-counsel.”
    He was giving her time and reason to back off, Sarah knew—to fail to find expert support, or simply to lose her nerve. That way the decision would not be traceable to him; Nolan had not become the firm’s head without navigating between competing forces in a way that conserved his power.But she also knew that, from this moment, John Nolan would wish her ill.
    She left his office, with Votek at her shoulder. She restrained herself from thanking him, sarcastically, for his support. It was his job to keep her from unsettling Nolan’s world, and he had failed; Sarah knew that their relationship would never be the same.
    Walking through the halls—the thick carpets, the shiny glass and marble of success—Votek said, “You’re making a huge mistake.”
    She did not turn. “Which mistake was that?”
    “You positioned him, Sarah.” Pausing, Votek lowered his voice. “He won’t forget. If we somehow take this case, your only chance of surviving is to win it.”

FIVE
     
    T HE DAY would have seemed bizarre, Caroline thought, had she more time to think about it.
    As it was, she was tense and watchful. She had spent the last five hours in a hotel suite near the White House, registered as “Caroline Clark,” while one friend, Ellen Penn, and two strangers, Adam Shaw and Clayton Slade, grilled her about the most intimate details of her life and career. But that did not account for her discomfort.
    It was now two o’clock, and the room was littered with soft drink cans and service trays. Caroline had long since taken the others’ measure: Ellen, warm and encouraging, was her advocate; Shaw—courtly, smooth, and unrelenting—was determined to protect the President; Clayton Slade simply wanted Kilcannon to choose someone else. His questions, though sparing, seemed intended to ferret out details which might make her harder to confirm. That his lack of successwas reflected in Ellen’s increasing animation only