After the commercials, Evelyn Baker Lang is indeed drinking that water. She says that she revealed the abortion now so that they'd be prepared. It might not, however, even come up. "But if it did," she says, "I wouldn't comment." Josh, not really satisfied by that answer, starts to pry, and Lang simply and nonconfrontationally asserts her right to privacy and says she's just not going to talk about it. "I bet like a sailor during my bimonthly games of Hearts...do you want to talk about that?" she asks evenly.
Later, in C.J.'s office, Toby and Josh share the bad news about the abortion. Josh is hoping it won't be discovered, but C.J. assures them that it'll make it to some tabloid or another and Lang will be some jackal's dinner by breakfast. Or something. Toby insists that they need her to keep pressure on conservatives to accept Shelton. C.J. objects to the idea of throwing Lang to the wolves to take the heat off somebody else. "You should hear her," Josh finally says admiringly. "What? So she is a serious candidate?" C.J. asks. "She should be," says Josh, starting to feel frustration nipping at his ankles. C.J. talks about the incredible heat Lang would take from the anti-abortion types, and tells Josh to "let it go." Josh puts in a plug for getting away from the idea that the Supreme Court is a "single-issue body," and seriously, amen to that. C.J. takes offense that Josh seems to be implying that she's participating in this downgrading of the process, and she says very plainly that she doesn't want Lang subjected to what she's going to be subjected to once her abortion becomes public knowledge. "Get her out of the building," C.J. says firmly.
In the Office of O, Jed is praising Shelton to Leo, C.J., Toby, and Josh on what turns out to be Wednesday. There are a few other possibilities floating around, but it's clear that Shelton has risen to the top of the list. "You still having a love affair with Evelyn Lang?" Jed asks Josh. "No," says Josh, and tries to move on. But Jed asks him why not. "She won't make it through vetting," Josh says. "Why not?" Jed presses. There is a pause. No one wants to say. "She had an abortion," Josh finally says. He then tries to move on to another judge, but Jed takes the glasses off, and it's clear that this is not over. "When did she have an abortion?" Jed asks. "After '73," says C.J.. "It was legal." "We discarding anybody else for legal activities?" Jed wonders sarcastically. "Tonsillectomy? We down on surfing this year?" "She'd be publicly eviscerated," says C.J. carefully. "Twenty-seven million women voted for me," Jed says brusquely. "I think they might have had in mind that I was going to protect this particular right." Uh, not all of them, but...I know what he's saying. Jed is on a roll, imagining his hypothetical pro-choice female voter's mindset: "'I like that guy from Florida with the good hairdo, but I want to retain my right to choose, so I'm voting for what's-his-name, married to Abby Bartlet.'" Hee. Toby tries to equivocate some more, but Jed firmly says that the short List goes to the Judiciary Committee on Friday, and that he wants it to include Evelyn Baker Lang. Jed looks around and stands up, drinking his coffee, giving his best "Any questions?" glare over the rim of the cup. Leo finally looks at the rest of the group and says, "Okay." And that would be the "okay" that stands for "you know how he gets when it's like this, so you know that there's no point in our standing around trying to argue about it, and you might as well just go do what you're supposed to be doing and not waste any more of anyone else's time or your own." But it just comes out as "okay." Toby, C.J., and Josh mumble their goodbyes and get out of the room in a hurry. When they're gone, Jed gripes to Leo some more about how it "pisses [him] off" how they're dragging Lang in and out all week for show -- "the honor of a place on the short List is the least we can do." "We're still going with Brad Shelton?" Leo says. Jed nods. He's pissed off, not crazy.