Eighty-three year old Chief Justice Roy Ashland collapses from exhaustion, and President Bartlet tries to convince him to step down from his seat on the US Supreme Court.  However, liberal legend Ashland refuses to do so as he is convinced the President cannot get an activist justice confirmed to replace him because the Republicans control the Senate.

In spite of Ashland's doubts, President Bartlett finds himself with an unexpected seat to fill when Justice Owen Brady, the most conservative, strict-constructionist member of the Court, suddenly dies. Evelyn Baker-Lang, a very liberal federal judge, is brought in by the President's senior staff to appease the Democrats and frighten the Republicans.  Staffers Josh Lyman and Toby Ziegler feel that this will make it easier to confirm their real choice, moderate Judge Brad Shelton. Baker-Lang impresses both of them at her interview, but both staffers know she would be an impossible choice confirm in a Republican controlled Senate.

It appears as though Josh and Toby's ‘bait and switch’ strategy with Baker-Lang is actually working: Democrats are elated the White House is considering "bold choices" and Lisa Wolfe, the Republican staff director of the Senate Judiciary Committee, issues threats if the administration doesn’t stick to a moderate choice like Shelton to fill the vacancy. So Baker- Lang is asked to come in for another meeting.

Baker-Lang once again shows remarkable awareness of the political issues involved while discussing the potential concerns the Judiciary Committee would have during a confirmation hearing, describing in detail how she would answer the varying reproductive rights concerns of each Republican member of the committee. During the interview, however, Baker- Lang reveals she had an abortion in law school after Roe v Wade made it legal.

Due to growing public agitation over the nomination, Press Secretary CJ Cregg argues that Baker-Lang cannot continue to be used as a decoy for Shelton. But when discussing the short list to be sent to the Senate, the President reacts angrily to the fact that Baker-Lang has been removed due to "legal activity" and demands her name be reinstated.

Following the meeting, Donna inspires Josh to find a controversial but brilliant solution: the White House will ask ailing Chief Justice to resign to be replaced by Baker-Lang. In return for her confirmation they will give Republicans the opportunity to name a conservative to replace Brady. Josh's argument is based on the belief that the nation would be better served by a balanced court (a liberal Chief Justice and a conservative Associate Justice) rather than the nomination of another moderate. Unfortunately, the Republicans name ultra-conservative Judge Christopher Mulready as their choice to put on the bench in exchange for confirming Baker-Lang.