Balance of Power

    Kerry and Clayton watched CNN. In the Chairman's seat, Senator Palmer seemed to steel himself. I deeply respect the First Lady, he responded. But if we proceed in a piecemeal manner, we open the door to deconstructing this entire bill, voting on every clause which concerns any member of this committee . . .

    Senator, Ayala said with rising indignation, this is not a matter of nitpicking every line. Among other things, this language would federalize the law of wrongful death to protect companies like Lexington Arms—by erasing whatever remedies are presently provided by state law . . .

    Now wait. Paul Harshman's voice cracked with anger.

That kind of accusation has no place in the United States Senate. If you wish to amend this bill, the place for that is the floor of the Senate itself. Let all one hundred senators consider this question, not merely the seventeen of us . . .

    Watching, Kerry felt fresh anger of his own. "It's choreographed," he told Clayton. "Chad's trying to jam this through."

    On the screen, Senator Palmer banged his gavel. The manner of voting, he said curtly, is the chair's prerogative. We will vote once, now, on the entire Civil Justice Reform Act as revised by this committee.

TW ENT Y-ONE

Adjusting his glasses, Gardner Bond coughed. To Sarah, nervous herself, these tics suggested that the judge also felt the tension of the moment. Across the courtroom, Nolan and Fancher were stiff, attentive.

    "The Court," Bond gravely pronounced, "wishes to add its own expression of sorrow regarding the events which have brought us to this day. That we must view them through the prism of law should not be taken, in any way, as an effort to minimize this tragedy.

    "But this is a court of law. The task before us is limited to deciding a legal issue: whether the facts alleged in plaintiff's complaint constitute, under the laws of California, claims which the Court must allow to go forward."

    Apprehensive, Sarah glanced at Lenihan. His stillness suggested that he, like Sarah, sensed that Bond's self-exculpatory statement was his prelude to dismissal.

    "To be plain," Bond continued, "plaintiff 's accusations against these defendants exist at the margins of the law, and rest on 'facts' which will be extremely difficult to prove.

    "At the least, Ms. Costello must prove that Lexington's actions caused John Bowden to act.

    "That Lexington's actions in Nevada are a public nuisance in California.

    "That the SSA controlled these actions in a manner which violates the law of antitrust, or is otherwise cognizable as law.

    "And that this Court should—or even can—issue an injunction of almost unprecedented breadth . . ."

    Where,

Sarah wondered, is Bond going? Her fingers gripped the edges of her chair.

    On the bench, Bond sat upright. "That said," he continued, "what the Court cannot say—at least prior to discovery—is that, under the law, there is no conceivable set of facts through which plaintiff can support these claims."

    Lenihan drew a breath. Eyes closed, Sarah heard Bond conclude, "For these reasons, the Court must deny defendants' motion to dismiss . . ."

* * *

    With Senator Ayala scowling beside him, Senator Chad Palmer asked the Senate Commerce Committee to vote on the Civil Justice Reform Act. Watching the proceedings on CNN, Kerry murmured to Clayton, "Vic Coletti's the one who's still shaky. And now I can't reach him."

    "Then he doesn't want you to. With Lexington's headquarters in his home state, plus all those insurance companies, he must be feeling the pressure."

    One by one, the vote proceeded; one senator after another, including the Republican moderates, voted with their party—"yes" for the Republicans; "no" for the Democrats—on a bill which would wipe out Mary Costello's lawsuit. Kerry's tension focused on Coletti.

    Senator Coletti?

    Sitting amidst his Democratic colleagues, Vic Coletti fidgeted. But he cast his vote in a flat, businesslike voice that, to Kerry, hinted at defiance.

    Yes.

    "I hope," Clayton murmured, "that Vic's not expecting any favors."

    The President did not answer. He was already thinking ahead, weighing the motives of one hundred men and women.