Balance of Power

    This jibe, Sarah knew, was fresh proof how much Nolan detested her: she had forced Nolan to accept her pro bono representation of Mary Ann Tierney—wholly against his conservative instinct—only by fomenting a near rebellion among the firm's female partners. Though tense, Sarah managed to smile. "Which one of you would that be?" she asked, just before Angelo Rotelli entered his courtroom.

    The buzz subsided. A stocky man with dark, curly hair, Rotelli nodded at the lawyers with a benign expression as he took his place behind the bench, pausing briefly to note the presence of the media contingent cramming his courtroom.

    "All right," he began. "This is the case of Costello versus Lexington Arms, et al., filed this morning. The matter before me is Mary Costello's request for a temporary restraining order, seeking to stop defendants' alleged activities endangering the lives of Californians. Who speaks for the plaintiff?"

    As Lenihan rose, so did John Nolan. "Excuse me, Your Honor. John Nolan for defendant Lexington Arms. Before we proceed, I would like to bring the Court's attention to a matter which should prevent us from proceeding further."

    Though seemingly surprised, Rotelli nodded briskly. "Yes, Mr. Nolan. I know who you are. What do you have for us?"

    "A petition for removal to federal court." Advancing to the bench, Nolan handed up a sheaf of papers to Rotelli and then, turning with a glint of amusement the judge could not see, gave a duplicate to Lenihan.

    "This is bogus," Lenihan protested to Rotelli. "In this case, the standard for removal is that the lawsuit must raise issues which are uniquely matters of federal law. We assert no such issues. Clearly, the defense has filed a phony petition, solely for the purpose of delay."

    This, Sarah knew, was utterly correct. But Nolan's reply was calm and unapologetic. "Despite Mr. Lenihan's uncharitable gloss, his complaint—if that's what you can call a document so rife with rhetoric and bereft of law—does raise important federal issues. Specifically, exotic antitrust and public nuisance theories which implicate the Commerce Clause of the United States Constitution and which, in our humble view, threaten rights guaranteed by the Second Amendment of the Bill of Rights . . ."

    At once, Sarah realized that she had baited her own trap: though Nolan's argument was clearly erroneous, the theories she had urged on Lenihan gave it whatever plausibility it possessed. "In any event," Nolan continued, "a removal petition is automatic. Once a defendant files it in federal court, as we have, the federal court must rule on it. As of now, this court has no jurisdiction and, therefore, no power to proceed."

    On this point, Sarah thought with dismay, Nolan was correct. "This is a bad-faith motion," Lenihan objected. "Deserving of sanctions . . ."

    Rotelli raised a hand, cutting Lenihan off. Brow furrowed, he riffled the pages Nolan had provided him, seemingly nettled by the motion and his imminent loss of an audience. Looking up from the papers to Nolan, he said, "Without adopting Mr. Lenihan's characterization, I must say, Mr. Nolan, that my first impression of this is that it's very thin. But you're correct that I have no discretion." Glancing at Lenihan, he spoke past the lawyers to the media. "If this case again comes before this court, as I believe it should, a federal judge will have to send it here."

    With that, Rotelli stood, nodded to both sides and vanished from the bench. Flushed with anger, Lenihan murmured to Sarah, "That's only the down payment on suing the SSA. From here on out, we'll be paying on the installment plan."

* * *

But at their press conference, Lenihan was the picture of confidence.

    He sat at a table between Sarah and Mary Costello, fondling the microphone in front of him as if it were a lover. Watching on CNN, Kerry remarked to Lara, "For Bob, meeting the press is an erotic experience."

    This, Lenihan stated, is the beginning of the end of gun violence in America.

    "I wish it were that easy," Lara murmured. Kerry nodded: Lexington's opening salvo, the removal petition, had sobered them both, as did Mary's wan expression on the screen.

    Pausing, Lenihan placed a paternal hand on Mary's arm. The defendants know that, he continued. That's why they've induced their congressional protectors—including Senator Fasano and Speaker Jencks—to put forward a shameful piece of legislation solely designed to strip Mary Costello, and all those like her, of their right to pursue justice.