"Permit us to go to trial. After which we'll ask you to enjoin Lexington from flooding California with P-2s; from advertising P-2s within the state; and from selling a P-2 in any state without a background check."
Frowning, Bond rejoined, "That's a drastic remedy, counsel. One might even say draconian."
"Enough is enough," Sarah answered. "For far too long, we've lived by bromides like 'guns don't kill people, people do.' If that were true, why not just ship people off to war without the guns?
"Mr. Fancher has made free with the word 'nonsense.' The real nonsense is defendants' argument, which amounts to one extended plea: 'Keep the plaintiff's lawyers from picking on us.'
"Consider that, and then consider the Lexington P-2, good only for killing.
"Consider Lexington's ad, which is all about killing.
"Consider Mary Costello, whose family was killed.
"Consider all the Californians who will be killed." Sarah softened her voice. "And then ask yourself, Your Honor, who it is that needs this Court's protection."
Silent, Bond regarded her with narrowed eyes. "Defendants," Sarah continued, "are right about one important thing. Because of the power and money of the SSA, 'existing' federal law did not protect Mary Costello's family from defendants' conduct in marketing this deadly weapon to John Bowden. It does not protect any of us now. The only protection for future victims is this Court's resolve to apply the law of public nuisance.
"If under that law, there's a line a gun maker shouldn't cross, and yet Lexington didn't cross it here, where on earth is the line?" Briefly, Sarah inclined her head toward Nolan and Fancher. "These defendants," she concluded, "have asked this Court for immunity from suit. This Court should turn them down, and let Mary Costello go forward."
Turning, she walked slowly back to the table. As she sat, Lenihan's eyes held the hint of a smile.
"At this time," Bond said abruptly, "the Court will announce its rulings."
* * *
At this time, Senator Frank Ayala said, it seems appropriate to call a vote on the gun immunity provision. As requested by Mrs. Kilcannon.
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.