The Short List

"The Short List"

"The Short List" is the 9th episode of The West Wing. The episode introduces recurring characters Roberto Mendoza and Gail the goldfish and a story arc concerning potential congressional investigation of a White House staff members history of substance abuse.

Plot

When a liberal Supreme Court justice retires, President Bartlet and his staff are energized by the opportunity to improve the president's approval ratings with a politically "safe" nominee, Peyton Cabot Harrison III (Ken Howard). The retiring justice (played by Mason Adams), who is strongly liberal, is not impressed by Bartlet's choice and urges him to consider instead Judge Roberto Mendoza. When Bartlet returns to the office, he asks Toby Ziegler, his communications director, to review their choice. Toby is uncomfortable with the prospect of losing the easy confirmation, but complies.

Toby's deputy Sam Seaborn learns that Judge Harrison once argued against a guarantee of privacy in an unsigned research note. Sam and Toby reluctantly agree that Mendoza should be vetted as a possible replacement nominee. President Bartlet agrees to interview Mendoza (played by Edward James Olmos), and holds a meeting at which staff members question him closely on his views on the right to privacy. When Toby asks Mendoza about mandatory drug testing, Mendoza replies strongly that such tests are unconstitutional invasions of privacy. The staff is convinced that he is the right choice, and the U.S. has its latest Supreme Court nominee.

In subplots, Press Secretary C. J. Cregg continues to fend off nomination questions and date invitations from reporter Danny Concannon, and Josh Lyman investigates a claim from a congressman that one in three White House staff members regularly uses illegal drugs. During his investigation, Josh learns that chief of staff Leo McGarry, in addition to being a recovering alcoholic, once attended rehab to overcome an addiction to pills. Josh and Leo realize that Leo is the congressman's target, and Josh promises to fight to protect Leo. The issue of drug use is echoed in the questioning sessions for Harrison and Mendoza, who are asked about their views on the right to privacy.

Constitutional issues

A turning point within the episode is the discussion with Harrison of the right to privacy. Harrison holds that, as it is not specifically enumerated in the Constitution, the right to privacy cannot be held to be protected under the law. Harrison is adamant that only those rights specifically enumerated in the constitution are protected under the law. Not mentioned, however, is the Ninth Amendment, which states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." However this clause is to be interpreted, it seems unlikely that an informed discussion as to whether an unenumerated right may be presumed to be protected under the law would fail to consider the implications of this amendment. Harrison's discussion of the right to privacy closely paraphrases the dissenting opinion of Justice Hugo Black in Griswold v. Connecticut.

External links

• The West Wing Episode Guide