Lang is walking into the White House with Josh and Toby, telling them how she's "missed [them] both" since the last time they met...you know, yesterday or whenever. She remarks on the fact that she keeps running into Shelton and seems to be fishing for what that means, but Toby just thanks her for being a sport, basically. She shrugs it off, saying that the only thing about it that sucks is that it's taking up her time, which is kind of valuable, seeing as how she's a Circuit Court judge and stuff. True, that.
In the Office of O, Jed is questioning Shelton about affirmative action. He, predictably, has no opinion. "I don't position myself on issues," he says, "and I don't know what I think about a case until I hear it." He goes on to talk about what it means to be a moderate, and Jed asks him whether he thinks Jed wants him to vote with Ashland. Shelton basically tells him yes, though he tries to say it more diplomatically than that. He breaks the news, though, that he's no ideologue: "My allegiance to the eccentricities of a case will outweigh my allegiance to any position you might wish I held," he says. And see, he's a good guy, too. That's what I like about this story -- you can make a case for this guy. It's not obvious from the beginning that they're morally bankrupt to think in terms of a guy like this. There's nothing wrong with a guy like this.
Josh and Toby are going through the motions with Lang, talking about what questions she'd face from the Judiciary Committee if her nomination weren't fanciful -- which, of course, it is at this point. Toby starts to role-play and ask her a question, and she asks whom he's supposed to be. Josh is like, "Duh, he's a Republican," and she points out that it completely depends on what Republican he is. "If you're Webster," she says, "the question is 'where do you stand on Roe v. Wade,' and the answer is, judicial rulings shouldn't be based on personal ideology -- mine, or anyone else's. If you're Davies, the question is, 'how would you approach a D&X case,' because he's the drum-banger on partial birth, and the answer is, I don't comment on hypotheticals. If you're Maulkin, you're from Virginia, so...you're asking on Drury [which I gather is the parental consent case in which she overturned the state law], I take you point by point from the doctor, to the father, to Casey, to 'undue burden,' to equal protection, back to Roe, at which point you can't remember the question, and I drink my water for a minute while you regroup." She smiles pleasantly, as she so often does. Toby and Josh look at each other. Josh asks to speak to Toby outside, and they get up and leave.