Judge Stanek eventually weighed in with this decision: Control of one's body is an absolute. He said the couple could not force an abortion, but then he agreed to hear the motion for declaratory judgement. Essentially this meant that Tara could still be found in breach of other aspects of the surrogacy contract. Carter tried to whip out some character assassination, getting a guy to testify that he'd had a threesome with Tara -- and they hadn't used protection. But the biggest hit against Tara was when Carter said that she'd claimed she would have the abortion for $100,000. He argued she was trying to blackmail Kathy and Brian. Alicia argued that if Tara had said that, it was perfectly fine because she was allowed to monetize the abortion.
But all of this became moot. Robyn's investigation turned up that there had been a miscalculation of the fetal age. That meant Tara was already in her third trimester, and there wasn't anything they could do to pressure her to terminate. All of this ended with an awkward confrontation between Kathy and Tara. Kathy told Tara she was being selfish, and Tara reiterated that she was doing the right thing. Neither women will ever see eye to eye on this issue. But it's another successful case for Alicia at Lockhart/Gardner...and possibly her last one for the firm.
Meanwhile, we saw the initial ramifications of Diane's interview with Mandy Post. At the end of episode 2, Diane went through with the interview -- only to find out too late that she didn't have to. But she decided to be the bigger person and at least warn Will of her betrayal so he wouldn't be completely blindsided. Unsurprisingly, he was pissed. Actually, that's probably an understatement. I think Diane's lucky he didn't Hulk smash anything right there on the spot.
After Mandy Post called Will to "fact-check" her story, Will felt it necessary to call in the other partners to discuss Diane's ouster. But first, he asked Kalinda to look into Diane's work on her cases. He was hoping to find some sort of mishandling that would help him push her out of the firm. Will gathered the partners (sans Diane, of course) to vote about moving forward with her exit package. The vote passed, and David Lee, Howard Lyman, Will, and Alicia were nominated to head up the negotiating committee. Unsurprisingly, Diane did not take well to the initial exit package, even though it was similar to Jonas Stern's exit offer. She said they could re-think their offer because she wasn't going anywhere until they had the security guards escort her out.
NEXT: Diane vs. Will, Part II....