While Justice Sleeps(41)
She thought about the folder she’d found on Wynn’s computer. Of Jamie Lewis’s dead body. Of the caller’s cryptic warning. “Did he tell you anything else?”
“He was insistent—he said if he didn’t make it to the end of term, you’d have to finish it for him.” Jared scrubbed at his face. “No, I don’t know what ‘it’ is. I’m not a lawyer, so I didn’t question what he meant.”
“I don’t know either,” Avery replied honestly. “This could be the last stages of his disease, Jared. Seeing threats where none exist.”
“Or maybe seeing something no one else could.” Jared leaned back in his chair, lost in thought. “What can you tell me about the GenWorks case? Legally.”
Avery had been assigned to help with the research on GenWorks, which made her more privy to the workings of the conference committee than others. “Only what’s already known. An American genetics company wants to merge with an Indian biotech firm and share technology. The president objected and stopped the merger—first time in history.”
“Why?”
“Depends on who you ask.” Recalling the day of the oral arguments, Avery frowned. “There’s the moral issue of genetic research. These companies are manipulating the basic elements of our humanity. Cloning sheep and mapping the human genome was simply the beginning. The hyperbole about ordering a genetically perfect child or manufacturing new limbs isn’t science fiction. Stem cell lines are producing more and more data, and what used to take years can now be done in weeks with CRISPR. It’s a new frontier, but no one is in charge.”
“You agree with President Stokes?”
“I didn’t say that. Critics say that President Stokes expanded the limits of executive power beyond the Constitution. As dangerous as biogenetics may be, so is a president who has authoritarian leanings.”
“So who is right?”
“I don’t know. I’m not on the Court.”
Hearing her annoyance, Jared asked, “What else can you tell me about the case?”
“That none of the normal ideologies held up. Justices were all over the place during the questioning. The core issue is the Exon-Florio Amendment. It’s supposed to balance national security interests against America’s interest in foreign investment.”
Warming to her topic, Avery leaned forward. “Nigel Cooper, the head of GenWorks, is claiming that the president does not have any valid national security concerns, but is simply being a protectionist in retaliation against India since they shot down his signature trade deal last year. India agrees with China on a few trade routes, and six months later, Stokes blocks the biggest tech deal in India’s history. Because of the national security angle, the case gets fast-tracked, and here we are.”
“You agree there are national security implications of sharing that kind of technology with a foreign country. President Stokes may be a prick, but he’s not wrong.”
“Neither is Nigel Cooper, but his public feud with the president doesn’t help either one of them with credibility. GenWorks might be his baby, but Nigel Cooper poured millions into a super PAC in the last election to defeat the GOP, and he’s at it again. Billionaires will be made overnight if the merger goes through. He could be a trillionaire if their technologies actually work.”
“Or we weaken our national security by putting dangerous technology in enemy hands.”
“India isn’t our enemy,” Avery cautioned.
Jared’s expression offered little comfort. “No, but India is now friendly with other countries who are definitely not our allies. Add to the geopolitical mix the kind of technology that can change DNA, put it in the wrong hands, and it could become weaponized—for profit. Or it could save my life.”
“It could save a lot of lives,” Avery agreed. “This isn’t a clear-cut issue, which is why folks are so at odds.”
“So do you think the merger should proceed or not?”
Remembering her role, Avery responded carefully: “I don’t have an opinion.”
“Okay. For the sake of argument, what happens in a split decision?”
“In the event the Court is equally divided and declines to issue a decision, then the lower court ruling would stand.”
“And if that case is GenWorks?”
“Because the lower court agreed with the president, the merger fails.”
“With the judge out of the way, the odds are in the president’s favor, right?”
“You’d think so, but it’s not so cut-and-dried. The president wins if there is a split decision or if they decline to issue a decision, which is an option. But the Court can also continue the case and not issue a ruling until the next session. If they want, the justices can hold a rehearing and start the process all over again. There are a number of options. It’s a chess match.” As the words left her lips, her thoughts raced. Las Bauer. How had she missed it?
“That’s just like the judge,” Jared murmured. “I just wish I knew which piece I was and which square I was on.”
In the square. Lasker Bauer. Her mind continuing to swirl, Avery stood abruptly. “I have to go.”
“What’s wrong?”
“Nothing. Just, I have to go.” Watching him closely, she said, “Lasker Bauer.”