BWW Reviews: Arena's World Premiere of THE ORIGINALIST Packs a Punch

It's likely of little surprise to anyone that follows the workings of the highest court in our nation that any legal battle situation involving conservative Supreme Court Justice Antonin Scalia and an opponent is ripe for theatricalization. Arena Stage's resident playwright John Strand has done just that with his world premiere play, THE ORIGINALIST. However, the play he wrote is not the one we all might expect.

The focus of the play is not - at least centrally - on the rather polarizing figure doing legal battle with some of the more left-leaning judges on the Court on cases of importance. We can read all about that in the paper, after all. Rather, Justice Scalia (Edward Gero) does battle with his own clerk, Cat (Kerry Warren), a former Harvard Law student who self-describes as a "flaming liberal." Throughout the course of the play, we witness the evolution of their work and personal relationship from when she repeatedly interrupts his talk at Georgetown Law, to Justice Scalia offering her a coveted clerkship position following an interview that was more head-to-toe battle than anything else, to them working together - along with Brad (a young conservative who wants to follow in Scalia's footsteps, convincingly played by Harlan Work), standing on contrast to Kat - on U.S. vs. Windsor. This contemporary case, of course, was one that invalidated portions of the Defense of Marriage Act (DOMA). Their deeply-held beliefs about how the Constitution should be interpreted remain at odds throughout Cat's clerkship. Scalia is of the mind that the Constitution should be interpreted as the original authors intended it, while Cat is of the mind that its authors intended for it to be a "living document" that changes with the times. This colors how both see the case at hand, but also the world and the purpose of law more generally.

However, the legal battles we see between them are not really, in essence, about convincing the other to change perspectives on the nature of the Constitution. They are more about considering whether common ground is possible with between two passionate and well-studied individuals with contrasting viewpoints. Cat is used as a device to delve more deeply into the person Scalia really is - beyond the Court bench and the theatrics when he's in the robe - and why he thinks the way he does on so many issues, including gay marriage. In fact, the need to better understand the thing we fear was Cat's reason for wanting the clerkship with Scalia, vice, for example, Justice Ruth Bader Ginsburg. Throughout the process of getting to know each other, some of Scalia and Cat's layers are peeled back and common human dimensions are revealed. Can emotions and "heart" be pushed aside in legal battles? Do they have a role? Is there common ground to be had between two people on two completely opposite ends of the political spectrum? Strand asks these questions and more in his provocative play.

From the moment we set eyes upon Gero's brash, blunt, and opinionated Scalia, it's clear he's no shrinking violet. He revels in getting "the other side" up in arms, and even enjoys portraying the "monster" he has become known to be by a good portion of the country. His expression of love for all things opera (he even sings a bit in his talk at Georgetown), emphasizes that he understands the court is much like the theatre. (Misha Kachman's creative set highlights this "court as theatre" aspect of Scalia's being and the world he inhabits and the deep thrust staging/seating configuration in the Kogod Cradle allows the audience - particularly on the sides - to be intimate observers of the theatrics, even if the actors' backs are to one side of the audience at times). He certainly enjoys the attention he gets - whether positive or negative - much like a performer. The question is how much he is playing a part on the bench and off.

Gero is appropriately larger-than-life and combative at every 'performing' moment required in the play. Outside of the legal confrontations, when other events come into play - a personal situation with Cat's father, Scalia teaching Cat how to shoot a weapon, the two sharing things about their personal lives, for example - he brings other acting choices to the forefront to demonstrate Scalia's human complexities. Gero's believability is one of the strongest attributes of this production. With a lesser actor, it's possible that those larger-than-life legal battle moments - of which there are more - would overshadow the other affecting personal moments, which would be a detriment to the play, its balance, and reach.

As Cat, Warren is a worthy and passionate opponent to Gero's Scalia. As an actress, she often nearly matches Gero in terms of skill. Although she was mostly believable and her relationship with Gero, as Scalia, was credibly played out, at times on opening night, I found her discussions of many legal matters rather recitative, as if she didn't completely grasp the meaning behind them. That assured but still stilted manner of line delivery could be a personal acting choice or Molly Smith's directorial choice to establish the different levels of experience between the justice and the new clerk, especially in the beginning of the play. However, Warren's line delivery choices remained consistent throughout the show. One would also think the practical experience Cat gained in the clerkship would improve her ability to discuss case history and legal opinions in a way that didn't seem like she was regurgitating text she had previously read. To that end, the actress would have to also alter line delivery as the end of the play neared.

Even in the more predictable and potentially saccharine moments of the play (which won't be spoiled here), the actors deliver strong performances that can make me overlook the flaws in Strand's script. In the end, we simply have a polished production at Arena that's worthy of an audience willing to be challenged.

Running Time: 1 hour and 45 minutes with no intermission.

THE ORIGINALIST plays at Arena Stage at The Mead Center for American Theater - 1101 6th Street, SW in Washington, DC - through April 26. For tickets, call the box office at 202-488-3300 or purchase them online.

Photo: (L to R) Edward Gero as Supreme Court Justice Antonin Scalia and Kerry Warren as Cat. By C. Stanley Photography.

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