The next thing we see is Josh storming into Toby's office. "They pick one," he says. "They pick one, and that's how we get Evie Lang. And not as a decoy. We put her on the Court." Toby says nothing, but looks at Josh like he's high. (Josh, not Toby.) Josh goes on to remind us that Ashland, despite the problems he's been having, has refused to step down because he figured they couldn't successfully fill his seat with anyone who was worth anything. Josh's idea is for Ashland to resign and put Lang in his seat, and then allow the Judiciary Committee to handpick someone for Brady's seat. Toby instantly despises the idea, and doesn't understand why Josh would "hand the Republicans a seat on the Supreme Court with a red bow on top." Josh says that, first of all, the right has already had Brady, so it's not like it's a big shift to keep that seat conservative. Meanwhile, they'll get Lang -- who, among other things, will be the first female chief justice. (Yes, if you fill the chief's seat, you're chief. No, you don't have to be a regular justice first. Yes, this is actually done -- shipping somebody in to be chief who's new to the Court. ["But then you have to hear all the other Justices bitching for the next thirty years that their bosses hired someone from the outside instead of promoting someone already in the organization. So it's a mixed blessing." -- Wing Chun]) Toby refuses even to discuss it, so Josh stomps off, saying he's taking it to Jed. Toby gets up to follow him, doing the no-you're-not thing. As they walk, Toby a few steps behind Josh, Josh mutters to a passing lackey, "Trip him." Snerk. Toby protests to Josh as they walk that Ashland may well go before the end of Jed's term on his own, so Jed may have a shot at filling both seats himself: there's no reason to give up either one. Josh points out that if they go the conventional route, they can't fill the seats with liberals anyway, only moderates.
In the...what do they call that, Debbie's area outside the Office of O? Debbietown? Anyway, out there in Debbietown, Josh and Toby continue to argue as Debbie tries to get them to shut up. They argue about Shelton while Debbie waves her finger, saying, "Gentlemen." They argue that moderates never would have written Brown v. Board. They argue about whether moderates are thoughtful or just wimpy. "Indoor voices, please," Debbie admonishes, but they pay no attention. Hee hee. In fact, Josh gets even louder, asking whether opinionated judges who want to do something meaningful are really the biggest threat the country is facing. They continue arguing as Jed opens the office door. Because they're so engrossed in fighting, they don't even see him. Toby declares that seeing both sides of an argument is a good thing. Josh counters that moderates ignore entire parts of the landscape. Jed motions to Debbie to let the boys in if they ever shut up, and then he retreats back into the office. "Josh," Debbie says as Josh continues yelling. Josh is on a fully-unfurled roll now, going on and on and on about visionaries and principles and justice, so Debbie finally picks up the spray bottle she was previously using on the plants and sprays Josh smack in the face. Suddenly hit with little squirts of water right in the eye, Josh shuts up, as Toby takes a surprised step back, looking at Debbie in amazement. The silence settles for a second. "The president will see you now," Debbie says simply.