The Good Wife recap: Let the Battle Begin

Diane and Will battle it out after she betrays him in an interview and Alicia represents a client over a surrogacy contract
Ep. 03 | Aired Oct 13, 2013

THE NEW WILL AND DIANE? Will presents Alicia with an offer that forces her to reevaluate her plan to leave with Cary and the other fourth years.

Myles Aronowitz/CBS

Well, we're three episodes in, and the you-know-what still hasn't hit the fan. And based on the previews, we've got to wait two more weeks!! Good things come to those who wait. And in this particular situation, all hell is going to break loose, and it's going to be awesome. But now on to "A Precious Commodity."

The case of the week put a twist on an already hot-button issue: abortion. Kathy (The West Wing's Janel Moloney) and her husband, Brian, had hired Tara as a surrogate to carry their child. Alicia was on hand to represent Tara's interests in regards to the surrogacy contract they'd all signed. But when Dr. Tuft (Jordan Lage) informed them that a second amniocentesis test showed that the baby had an 85 percent chance of developing Patau Syndrome, a chromosomal abnormality, things got complicated. Tara was in her second trimester, so termination was still an option. And it's the option Kathy and Brian wanted to proceed with.

But when Tara failed to show up at her clinic appointment, Alicia was sucked into the drama. Tara decided that she didn't want to go through with the abortion because she felt like Dr. Tuft was wrong about the diagnosis. Enter Christian Borle as Carter Schmidt, Kathy and Brian's lawyer. He pointed out that Tara would be in breach of her surrogacy contract, which stipulated that she would terminate the pregnancy if there were substantial signs of birth defects. And with the contract concluded, Alicia was no longer need to represent Tara's interests. Kathy and Brian then decided to sue Tara for economic devastation, and unless Alicia agreed to take on Tara's case pro bono, Tara would likely go bankrupt. Don't worry, guys! She's the Good Wife. She took the case, and David Lee joined her.

The main issue going forward was whether or not Tara's fetus was viable. Alicia & Co. got Tara's ob-gyn, Dr. Serling (Karen Pittman), to testify that the fetus was viable, which contradicted Dr. Tuft's claims. Due to the conflicting testimonies from the two doctors, Judge Stanek (Peter Gerety) referenced Roe v. Wade and decided the fetus was non-viable and would remain so for 40 more hours. Meanwhile, Alicia and Carter continued to argue in court about the stipulations of the surrogacy contract. Karen got on the stand to testify about her first child who had a heart defect. He died when he was six months old, and she didn't want to bring another child into the world to suffer. "I wish I were the one that were pregnant. But I'm not. But it's our child. Our choice. No one should be allowed to take that from us."

NEXT: Diane vs. Will, Part I....

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