The play begins after the death of Stanley Moorehead, an Associate Justice of the United States Supreme Court. The remaining justices speculate about whom the President of the United States will appoint to fill the vacancy, with jokes among the justices that the appointee may be a black man, or a woman. While playing tennis, Ruth Loomis, a staunch conservative judge from the United States Court of Appeals for the Ninth Circuit in California, learns that she is to be the nominee. Associate Justice Daniel Snow is appalled to learn this, as her conservative views are strongly in conflict with his own liberal thinking.