In parallel storylines, Josh tries to end a deadlock on the appointment of a 6th Circuit federal court judge. His old friend Eric Hayden (Gaston) has been waiting for a year for confirmation from the Republican-led Congress, and is offered the position of dean of Georgetown's law school. But Josh suggests making a temporary recess appointment that will at least put the issue on the agenda and Hayden agrees. When Josh goes to suggest this to Leo he is told that the issue will have to wait for one of the Supreme Court justices has died. Assuming it is the ailing Chief Justice Roy Ashland that has passed, Josh is surprised to learn that it is 52-year old Justice Owen Brady, taken by a heart attack. C.J., meanwhile, tries to make things right with resurfaced college boyfriend Ben, whom she has been forced to ignore due to her workload. Based on Ben's reaction at the end of their very brief conversation, C.J. regrets her approach and fears that she may have caused things with Ben to end before they could even begin. Upon voicing this concern to Toby he advises her to go to Ben and fix it. Ryan Pierce, the intern working for Josh, (uncharacteristically) fails to show up for work. Josh had failed to even notice until Donna voices her concern as she tries, unsuccessfully, to get a hold of Ryan.