Loving Page #13

PHIL HIRSCHKOP:

Sure, what’s it about?

At that moment, Bernie Cohen is shown into the room. He

enters with a smile and a hand extended to Chet.

BERNIE COHEN:

Hello Professor, thanks for seeing

me.

Chet stands to shake.

CHET ANTIEAU:

My pleasure. You came at a good

time Bernie. This is Phil

Hirschkop, he’s a brilliant civil

rights lawyer.

Phil scoffs at this.

CHET ANTIEAU (CONT’D)

Is it all right if he joins us?

BERNIE COHEN:

Please. It’s nice to meet you.

PHIL HIRSCHKOP:

(shaking hands)

You too.

Bernie takes a seat in the open chair.

CHET ANTIEAU:

So what’s the problem?

68.

BERNIE COHEN:

Well, I’m a bit stumped. The ACLU

referred this case to me concerning

an interracial couple that was

married in D.C. They were arrested

for living together in Virginia and

the judge suspended their prison

sentence under order that they

leave the state for 25 years. I

filed a motion to vacate the

judgement with Judge Bazile, the

original trial judge in Caroline

County, but he’s stonewalling me.

He’s had my motion under advisement

for months, and I feel like he

could keep it that way until he

retires. Of course the ACLU sees

this, and I agree, as a potential

contender to repeal anti

miscegenation laws nationwide. I

just need to get the ball rolling

as it were.

Chet looks over to Phil, whose eyebrows are raised.

PHIL HIRSCHKOP:

That’s a remarkable case.

BERNIE COHEN:

I’m stuck.

129 EXT. GEORGETOWN UNIVERSITY - EVENING 129

Bernie and Phil walk through the campus continuing what has

been a very long conversation.

BERNIE COHEN:

But that may not solve the issue.

PHIL HIRSCHKOP:

It’s a very delicate situation

because by appealing you open up

the possibility of sending both of

them to prison. I think regardless

you file the 1983 motion explaining

your complaint. It’ll force

Bazile’s hand and get you in front

of a federal three-judge panel.

Phil checks his watch.

69.

PHIL HIRSCHKOP (CONT’D)

Look, I’m catching a plane to New

York tonight. I’ll work up a draft

on the plane and find you Monday.

BERNIE COHEN:

That’s great. That’s just great.

Thank you.

PHIL HIRSCHKOP:

Bernie, if you don’t mind me

asking, how much experience do you

have with constitutional law?

BERNIE COHEN:

Some.

Bernie takes a moment, then amends.

BERNIE COHEN (CONT’D)

Very little.

PHIL HIRSCHKOP:

You realize this case could alter

the constitution of the United

States?

BERNIE COHEN:

I do.

Phil smiles at him.

PHIL HIRSCHKOP:

I’ll call you on Monday.

Phil walks away. Bernie takes a deep breath, left alone with

the ivy under the tower of Healy Hall.

130 INT. KING AND QUEEN COUNTY FARMHOUSE - DAY 130

Lola helps Mildred roll out dough in the kitchen. Both wear

aprons and have flour up to their elbows.

MILDRED:

I never can get mine to rise.

LOLA:

It’s not you. It’s the humidity.

Just thick.

Peggy, now four, runs in and tugs on her Grandmother.

70.

PEGGY:

Come look Meme. Come look.

MILDRED:

Peggy.

LOLA:

She’s fine.

Lola lets herself get taken outside.

LOLA (CONT’D)

What you want from your Meme?

131 EXT. KING AND QUEEN COUNTY FARMHOUSE - CONTINUOUS 131

Richard stands on a ladder hammering together a wooden frame

against the doorway of one of the out buildings. It will

hold a winch to lift the motor that sits rusting nearby.

Peggy drags Lola onto the porch to see a makeshift play table

set for tea with a collection of dolls. She picks one up.

PEGGY:

Lilly won’t share her tea.

LOLA:

She must be upset.

Richard, from the vantage point of the ladder, sees Raymond’s

car tearing toward the house. Dust flying.

Richard watches, but a panic slowly takes over. He slides

off the ladder and runs toward the house.

RICHARD:

Bean! Call the boys! Peggy take

Meme inside.

Richard runs down the drive toward Raymond’s car.

The car slides to a stop in a cloud of dust. Raymond climbs

out, in no real hurry.

Richard arrives out of breath. His hands hit his knees.

RICHARD (CONT’D)

What is it?

RAYMOND:

I got a message for you.

71.

RICHARD:

What?

RAYMOND:

That lawyer called. Says he needs

to meet with ya’ll.

Richard stands straight. He looks back at the house to hear

Mildred calling for the boys from the porch. His attention

goes back to his friend.

RICHARD:

Raymond, why you driving so fast

like that?

RAYMOND:

What you mean? That’s how I always

drive.

Richard shakes his head, slowly coming around. He snorts out

a laugh and walks back toward the house.

RAYMOND (CONT’D)

What?

132 INT. BERNIE COHEN’S LAW OFFICE - DAY 132

Bernie sits behind the desk in his office as Phil, in a chair

on his left, reads from a file.

PHIL HIRSCHKOP:

(reading)

Almighty God created the races

white, black, yellow, malay, and

red, and he placed them on separate

continents.

Mildred and Richard listen from wing chairs facing them.

Richard is slouched in dirty work clothes.

PHIL HIRSCHKOP (CONT'D)

...And but for the interference

with his arrangement there would be

no cause for such marriages. The

fact that he separated the races

shows that he did not intend for

the races to mix.

Phil looks up from the paper and smiles at the Lovings.

PHIL HIRSCHKOP (CONT’D)

I know it sounds strange, but this

is really wonderful.

72.

Richard squirms in his seat, not convinced.

PHIL HIRSCHKOP (CONT’D)

By issuing this ruling, Judge

Bazile has really given us a road

map to the Supreme Court.

MILDRED:

I’m sorry, I’m confused. He ruled

against us, again.

BERNIE COHEN:

That’s right, but now we’re allowed

to appeal this ruling to the state.

From there, if they rule against

you, we’ll have a chance at the

Supreme Court.

Richard just stays quiet. Mildred nods politely.

MILDRED:

That sounds wonderful.

BERNIE COHEN:

Now, a little bit of housekeeping,

LIFE Magazine contacted us about

sending a photographer out to you

all. Keeping the possibility of

the Supreme Court in mind, I think

it’s a fair idea to raise the

profile of your case, but I of

course want you all to be

comfortable with it.

Mildred looks over to Richard, who shrugs.

MILDRED:

That will be fine.

BERNIE COHEN:

Okay, great. We’ll set that up.

Mildred raises out of her seat and shakes Phil’s hand.

Richard follows her lead.

MILDRED:

Thank you for everything.

Bernie stands and escorts them to the door. They exit.

Bernie closes the door behind them. He turns and looks at

Phil who is still in his chair.

73.

PHIL HIRSCHKOP:

You know Bernie, I’ve spent a lot

of time down South, between the

marches and working with Kunstler,

and one thing I can tell you, that

guy looks like a redneck.

133 EXT. KING AND QUEEN COUNTY FARMHOUSE - DAY 133

Richard strains against the chain that lifts the rusted motor

through the winch. It hangs precariously above a cavity in

an empty car’s hood.

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