The film explores the ethical, legal, and political implications of the abortion debate through the eyes of Joseph Kirkland, a corporate lawyer with no judicial experience who has recently been appointed to the Supreme Court by a conservative president. He finds himself in the position of being the swing vote in a case involving Virginia Mapes, a well-educated and articulate woman who had an abortion after the ruling. The film depicts the pressure and influence that various groups and individuals exert on Kirkland as he struggles to make his decision, as well as the personal and professional consequences of his choice.
The film received mixed reviews from critics and viewers, who praised the performances of Garcia and the other actors, but criticized the script for being unrealistic, biased, and melodramatic. Some also found the film to be too provocative and controversial for a mainstream audience, especially given the sensitive and divisive nature of the topic. The film was nominated for two Primetime Emmy Awards: Outstanding Lead Actor in a Miniseries or a Movie for Garcia, and Outstanding Sound Mixing for a Miniseries or a Movie.
Plot Summary
In an alternative reality, the Supreme Court has voted to overturn Roe v Wade. Virginia Mapes has been charged and convicted of first degree murder by the state of Alabama for procuring an abortion after that ruling, and her conviction has been appealed directly to the Supreme Court. Joseph Kirkland, a corporate lawyer with no judicial experience, has recently been appointed to the Supreme Court and moved to Washington D.C. with his wife, anti-abortion activist Linda Kirland, and their daughter Jenny. With no time to settle in, Joseph meets his only clerk, Calley McFearson, before engaging in the court's first extraordinary session, hearing arguments on the appeal.
In his first conference, Joseph unexpectedly finds himself catapulted into the hot seat. The Chief Justice explains that when he obtained the necessary votes to overturn Roe v Wade, his majority couldn't agree on the penalties for abortion and so left the rulemaking up to the states, which has led to what some consider to be a bad law from Alabama. Assuming he still has a majority, the Chief is shocked to find his numbers dwindling as Clore Cawley, Sara Brandwynne, Henry Banks and Will Dunn all vote to reverse the conviction. With only Daniel Morrisey, Benjamin Ripley and Eli MacCorckle voting to convict, Joseph is left as the swing vote, but refuses to confirm how he is leaning.
Over the next two nights Joseph begins his soul-searching. He allows Calley to convince him to attend a rally led by Virginia Mapes, seeing her in person and coming to the conclusion that she is a test case; the perfect candidate who could have had an abortion elsewhere, is well-educated and articulate, and has been hand-picked to challenge the law. As he meets with Arthur Jacklyn, a prominent anti-abortion activist who has been jailed previously, the Chief works on swaying the votes of the other justices; he brings Clore Cawley on side by promising to write an opinion attacking the Alabama law and forcing them to revoke it, and convinces Sara Brandwynne that if she joins his opinion he can cut the hardline Benjamin Ripley loose and let her draft a section on lenient sentencing.
Joseph also faces pressure from his wife Linda, who is adamant that he should uphold the conviction and defend life. She reveals that she had an abortion when she was younger and regrets it deeply. She also accuses him of being selfish and ambitious, caring more about his reputation than his family. Joseph is torn between his love for his wife and his duty as a judge. He also worries about how his decision will affect his daughter Jenny, who is curious about abortion and asks him questions that he finds hard to answer.
On the day of the final conference, Joseph arrives at the court with his mind made up. He announces that he will vote to reverse the conviction, but not on the grounds of the right to privacy or the due process clause, as the other justices have argued. Instead, he invokes the equal protection clause of the 14th Amendment, stating that the Alabama law discriminates against women by imposing a harsher penalty for abortion than for manslaughter. He also criticizes the court for overturning Roe v Wade without providing clear guidance to the states, creating a legal chaos and a moral dilemma. He urges the court to reconsider its decision and restore the right to choose. His opinion is joined by Cawley, Brandwynne, Banks and Dunn, forming a 5-4 majority. Morrisey, Ripley, MacCorckle and the Chief dissent.
The film ends with Joseph returning home to his wife and daughter, who embrace him warmly. He tells them that he loves them and that he did what he thought was right. The final scene shows Virginia Mapes walking out of prison, smiling and waving to the crowd of supporters and reporters.
Cast
Andy Garcia as Joseph Kirkland
Harry Belafonte as Will Dunn
Robert Prosky as Chief Justice
Ray Walston as Clore Cawley
James Whitmore as Daniel Morrisey
Kate Nelligan as Sara Brandwynne
Milo O'Shea as Harlan Greene
Albert Hall as Henry Banks
Bob Balaban as Eli MacCorckle
John Aylward as Benjamin Ripley
LisaGay Hamilton as Virginia Mapes
Margaret Colin as Linda Kirkland
Hallie Eisenberg as Jenny Kirkland
Tracey Ellis as Marley Terrell
Michael O'Keefe as Arthur Jacklyn
Hedy Burress as Calley McPherson
Michael Jackson as himself (cameo)
Reception
The film received mixed reviews from critics and viewers, who praised the performances of Garcia and the other actors, but criticized the script for being unrealistic, biased, and melodramatic. Some also found the film to be too provocative and controversial for a mainstream audience, especially given the sensitive and divisive nature of the topic.
The film has a rating of 5.9/10 on IMDb based on 538 user ratings. On Rotten Tomatoes, the film has an audience score of 50% based on 1,000 user ratings. The film was nominated for two Primetime Emmy Awards: Outstanding Lead Actor in a Miniseries or a Movie for Garcia, and Outstanding Sound Mixing for a Miniseries or a Movie.
References
[Swing Vote (1999 film) - Wikipedia]
[Swing Vote (TV Movie 1999) - IMDb]
[Swing Vote (1999) - Rotten Tomatoes]
[Swing Vote - Awards - IMDb]
524038ac18