Showing posts with label John Strand. Show all posts
Showing posts with label John Strand. Show all posts

07 August 2018

'The Originalist' Squared


[I posted a report on a television performance of The Originalist, John Strand’s 2015 play about Supreme Court Associate Justice Antonin Scalia, back last year.  I’ve now seen the play live, still starring Washington, D.C.’s Edward Gero as Scalia, and I’ve decided to write another report, this time focusing on Gero’s acting in the play (which, you’ll no doubt guess, I think is superb).  I also suggested to my friends Kirk Woodward and Diana that they see the performance, especially for Gero's stage work.  As a result, Kirk, who’s contributed many articles to Rick On Theater over the years, also composed a report of his own.  I’m posting both Kirk’s and my articles together so ROTters can see both our opinions side by side (figuratively speaking, of course—they’re really above and below).  Take note that my new report does not cover the same ground as my theater reports usually do since I took care of that last year.  (I have included a round-up of the New York reviews, however.)  Readers who want to see what I thought of the whole play and production should refer back to The Originalist (PBS),” 17 July 2017.  ~Rick]

THE ORIGINALIST
by Kirk Woodward

When I attended the play The Originalist by John Strand, directed by Molly Smith, at 59E59 Theaters in Manhattan, New York on August 1, 2018, all I knew about it was that it was based on the career of Antonin Scalia (1936-2016), an Associate Justice of the United States Supreme Court from 1986 to 2016, and that the performance of Edward Gero as Scalia had been highly praised. I had also read the entry about the play, as performed on PBS, in this blog on 17 July 2017, titled “The Originalist (PBS).” Having now seen the play on stage, I don’t want to fill in again the observations and the detail covered by that blog entry, with which I heartily agree, but only to reinforce some of its observations as I saw them.

Reading the program after I saw the play, I learned that Molly Smith is the Artistic Director of Arena Stage in Washington, DC, and that The Originalist is one of a series of commissioned theater pieces under the umbrella title Power Plays, described by Molly Smith in her Director’s Notes as

an ambitious initiative to commission 25 new plays or musicals spanning the history of our nation from 1776 to the present decade . . . which explores stories of presidents, broken treaties, governmental secrets, lost parts of American history, and more. Learning and understanding American stories of politics and power makes us more informed as a democracy and sheds life on how we face personal and political adversaries. Sometimes the way we understand our lives is through stories about this moment in time, and sometimes through stories from an earlier era that underscore where we are in history. These plays will not fall along party lines – they will challenge all of us and I am eager to open these dialogues.

It makes sense that Arena Stage, as a preeminent theater in the nation’s center of government, would institute such a series of plays. It also makes sense that despite the best intentions, such plays might take on the character of assignments, rather than products of organic growth, and although I haven’t seen any of the others in the series, I do feel that such is the case with The Originalist, a result best seen in how the three characters in the play are presented.

About the portrayal of Justice Scalia by Edward Gero, no qualification is needed. He is brilliant in the role. He not only looks the part, he inhabits it. His performance left me convinced at the end of the evening that I now knew the Justice personally. Edward Gero deserves every bit of praise he receives for a really stunning performance. I was particularly taken with the way he ages his character by subtle shading over the course of what is supposed to be a year. Hats off to him.

But the play is not a monologue; it contains two other characters as well, and if Scalia as a character is convincing, the other two are not, in two different ways: the character of Cat, the black, liberal law clerk, has to represent too many things in the play, and the character of Brad, the conservative law researcher, has to represent too few.

Cat on the one hand is required to be both a top-rate law student and a fairly naïve idealist; a member of a racial minority and of a sexual minority as well; an independent woman and a girl searching for a father figure. That’s a lot of baggage for one character to carry, and the strain shows. Cat’s ways of approaching ScaIia often seem arbitrary – why for example after a particularly sensitive encounter with Scalia, does she in the next scene bait him aggressively as though she were determined to tear him apart?

And if she was so brilliant in law school, why are her legal jousts with Scalia often so flimsy? For example, there is an argument early in the play between Cat and Scalia about the Second Amendment to the Constitution. The text of the amendment reads:

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.

Cat argues the importance of the first two clauses of the Amendment, Scalia counters with the last two, and Cat retires defeated – never asking him why the first two clauses are in the Amendment at all, if they do not modify the last two. However, at that point the play needs Scalia to win a point, so the discussion is over.

I did not feel that the acting of Tracy Ifeachor in the role of Cat overcame the limitations of the script. However, I am inclined to blame a good bit of this on Molly Smith, the director, who seems to have worked off the premise suggested in publicity for the play that it is a comedy, and to have directed the actors to perform accordingly.

The Originalist is not, as far as I can tell, a comedy; it is a play with humor in it, quite a different thing. I suspect that a calculation was made that a biography of a Supreme Court Justice might not appeal enough to the theatergoing public, and that the play was recalibrated accordingly.

So Ifeachor is required to put a spin on a great deal of what her character says, and I simply did not find that aspect of her role believable. The role of Brad, on the other hand, can barely be referred to as a character at all. He might as well wear a sign reading “Conservative Opponent.” He is of course male – boooo! He is of course a sycophant and an underminer. He of course knew Cat in law school and crossed swords with here there too as well. He knows a secret about Cat – of course. He is, I suggest, a walking dramatic contrivance, and the actor, Brett Mack, has quite a thankless job with the role, because there is really nothing in it.

Such are the dangers of writing plays about preexisting material or ideas. They tend to seem designed to prove an already settled point, or to make sure the audience finds drama in events that were dramatic already without the playwright’s contributions. Certainly a playwright can transcend such limitations; Shakespeare did, but then he was Shakespeare. John Strand is not Shakespeare (and neither are any of us), but I don’t mean to suggest that his play is by any means valueless, only that he has taken on a difficult assignment. In this case a remarkable performance makes of the material a great deal more than that.

*  *  *  *
THE ORIGINALIST (59E59)
by RICK

There are certainly scores of reasons for going to see a play—especially if you’re a theater enthusiast like I am.  (My friend Kirk Woodward and my frequent theater companion Diana are as well, each for their own objectives.)  Aside from having a subscription to the producing theater or the series, or following the hype and buzz, I might be interested in the playwright or, for musicals, the composer; I might be curious about the play if it’s one I don’t know (I’ll be doing that later this month when I see Lillian Hellman’s forgotten 1936 Days to Come).  The director’s work can be the impetus for going to a production, or the acting ensemble’s (often the draw for me with the Acting Company).  Probably the most powerful attraction, however, especially in the current theater in the United States, is the appearance of a particular actor whose work I admire.

Such was the case when I decided to see John Strand’s The Originalist, his sort of bio-play about Antonin Scalia (1936-2016), the late Supreme Court Justice—for the second time at 59E59 Theaters, between Park and Madison Avenues on Manhattan’s East 59th Street.  (To be precise, this was the second time I saw the play, but only the first I saw it live.  On 13 March 2017, I watched The Originalist on Theater Close-Up on WNET-Channel 13, the Public Broadcasting System outlet in New York City.  I reported on the viewing on Rick On Theater on 17 July 2017.)  I encouraged Kirk and Diana to come along, too—all for the purpose of seeing Edward Gero’s performance in the title role, irrespective of how they might end up feeling about the play itself.  (Kirk has written his own report, posted above, on his response to The Originalist.) 

My opinion of the play, as I expressed it in the 2017 report, hasn’t changed.  In fact, I confirmed that I hadn’t misjudged the script, and may have even overlooked some possible criticisms.  (Kirk’s assessment, I’m gratified to see, agrees in large part with mine.)  Well, I don’t see any reason to reiterate my report on Strand’s play or the Arena Stage production, which has been doing a stint here in New York City since mid-July.  (Gero’s fellow cast members are different from the actors I saw on PBS, but the rest of the production—Molly Smith’s staging, Misha Kachman’s sets, Joseph P. Salasovich’s costumes, Colin K. Bills’s lights, and Eric Shimelonis’s sound—is as close to identical to what was presented at Arena’s Kogod Cradle as 59E59’s Theater A can manage.  Tracy Ifeachor has taken over the role of Cat, Scalia’s “flaming” liberal clerk, from Kerry Warren and Brett Mack is now playing Brad, a conservative legal researcher, originally portrayed by Harlan Work.)

For the record, The Originalist premièred at Arena’s Mead Center for American Theater in Washington, D.C., on 6 March 2015.  It was subsequently produced by the Asolo Repertory Theatre of Sarasota, Florida, from 18 January to 7 March 2017 (it opened on Inauguration Day).  Productions from coast to coast followed from Southern California’s Pasadena Playhouse (11 April-7 May 2017), to a return stint at Arena (7 July to 6 August 2017), to Chicago’s Court Theatre (10 May-10 June 2018).  (Scalia died at 79 on 13 February 2016, shortly after the first run at Arena closed.)  Oddly, the text of Strand’s play still has not been published, but an audio book, a recording of a performance with Gero, Harlan, and Work, is available from LA Theatre Works (2016).  (As far as I can tell, there’s so far been only one staging of The Originalist with an entirely different cast and unconnected to Arena Stage: Indiana Repertory Theatre in Indianapolis staged the play 17 October-19 November 2017 with Henry Woronicz as Scalia under the direction of James Still.)

Previews of The Originalist, which runs an hour and three quarters with no intermission, began at 59E59 on 14 July 2018 and the production opened on 19 July; the production is scheduled to close on 19 August.  (The New York presentation is a co-production with Middle Finger Productions, LLC, a company formed by Arena trustee Beth Neuberger for the purpose of effecting this commercial transfer.)  My friends and I saw the show on Wednesday, 2 August, at the 7 p.m. performance.  59E59’s Theater A, on the ground floor of the three-story complex, is the venues largest house, seating 195 patrons. 

Theater A has a proscenium stage, which for the first scene of the play represents a law school lecture hall, and the raked house (the play’s spectators are the law students attending Scalia’s lecture) has a single aisle down the center and a transverse aisle about a third of the way up from the stage; Cat makes her entrance in the first scene, guided by an “usher,” half-way across the transverse and then down the center aisle to take a seat at the far left of the first row just as the performance begins.  (This entrance, which is made to look like a late audience member arriving—unless you already know how the play opens—didn’t occur in the TV version of The Originalist.)

Since I wrote a report on the PBS broadcast a year ago, I’m not sure whether I’ll be able to write a different report now, even though two members of the three-member cast are different.  I’ve said all I can about the play itself.  (Those who want a description of Strand’s play, read—or reread—my 2017 report at https://rickontheater.blogspot.com/2017/07/the-originalist-pbs.html.)  I certainly don’t want to debate an absent Scalia on originalism--even though I think the whole concept is absurd and impossible.  (I did make a few comments about this theory in the earlier report, however.) 

The only idea that came to me is to write something about Gero’s acting here.  I think it’s gotten better since the version I saw on TV—with one exception; he’s gotten more comfortable and less “actorly” in the portrayal.  As Kirk says, he “inhabits” the role.  To be honest, I was afraid that after all this time—Gero estimated in July 2017 that he’d played Scalia “over 100” times by then; another year later, he may have doubled that—he might have become technical and mechanical, but he hasn’t.  It may have something to do with the fact that he’s working with a different supporting cast—but considering how much those roles are ciphers to start with, I wonder how much influence they ever had.  In the end, I suspect that it’s simply a matter of Gero’s high level of professionalism and artistic integrity.

I can’t add any information about John Strand’s background to the small bio I provided in my 2017 report.  (It’s amazing how much he’s stayed off the grid!)  Edward Gero also had little personal information on the ’Net.  He was born in 1954 and grew up in Madison, New Jersey, a town of about 16,000 inhabitants 26 miles west of New York City.  (Note that Antonin Scalia was also born in small-town New Jersey before his family moved to Queens, New York.)  Gero attended Catholic schools for elementary and then public Madison High School before going to Montclair State University in suburban Essex County, New Jersey, where he studied theater (and roomed with fellow student Bruce Willis—with whom he would later appear in 1990’s Die Hard 2 and Striking Distance in 1993, two of Gero’s few film or TV performances). 

Though he’d contemplated studying for the priesthood, he became attracted to acting while in high school after seeing Stacy Keach play Hamlet in “the greatest American” staging of the play “in the 20th century” at the New York Shakespeare Festival’s Delacorte Theater in Central Park in the simmer of 1972.  (Directed by Gerald Freedman, the rest of the cast included Colleen Dewhurst as Gertrude, Barnard Hughes as Polonius, James Earl Jones as Claudius, and Sam Waterston as Laertes; Raul Julia played Osric, Charles Durning was a gravedigger, Linda Hunt was the Player Queen, and Christine Baranski was a lady of the court.)  “When I saw it the first time,” proclaimed the actor years later, “I knew I had to come back and see it again and again, and I did."

(Gero later played the Duke of Clarence in a 1990 Richard III opposite Keach—and with other Washington stage luminaries-to-be, Floyd King as Edward IV and Franchelle Stewart Dorn as Queen Elizabeth—and then Gloucester to Keach’s Lear in 2009, both at the Shakespeare Theatre Company in Washington.  Gloucester garnered one of Gero’s 13 Helen Hayes nominations.)

Even before graduating from Montclair State in 1976, he went to New York City, 10 miles across the Hudson River, to ply his new trade as an actor, doing a summer season of small roles at the Classic Stage Company (CSC) in Manhattan’s East Village.  Gero lived the peripatetic life of a tyro actor, while taking gigs at theaters anywhere in the country and returning to New York between jobs.  He was doing a play at the George Mason University in Fairfax, Virginia, in 1981 (the famous Barter Theatre was in residence at the school) when John Neville-Andrews, the director of Washington, D.C.’s Folger Theatre Group, saw him in Shaw’s Arms and the Man and asked him to join the rep company.  Gero immediately said yes and soon found himself living and toiling in the Nation’s Capital’s burgeoning theater scene. 

Since then, the actor has won four Hayes Awards, Washington’s acknowledgement of excellence in theater, the regional equivalent of the Tonys and OBIES (named for native Washingtonian Helen Hayes, known as the First Lady of the American Theater).  (In the interest of full disclosure, my late father was a member of the Folger board for several years under Neville-Andrews and was also a Hayes voter.  In 1986, the Folger Theatre Group became the Shakespeare Theatre at the Folger under artistic director Michael Kahn, and then in 1992 was renamed the Shakespeare Theatre Company.)  Gero is an associate professor of drama at George Mason and also teaches at the University of Maryland and George Washington University in the District.  He lives in the Washington suburb of Bethesda, Maryland, with his wife, Marijke Ebbinge, an elementary school and special ed teacher;  their son, Christian, 30, is an award-winning sound designer and audio engineer.

Gero is an experienced Shakespearean actor, having played Macduff in Macbeth (1989), Bolingbroke in Richard II (1994), and King Henry in both parts of Henry IV (1995), all for the Shakespeare Theatre Company and all Helen Hayes Award winners.  (He was nominated for The Originalist; his fourth award was for Skylight at the Studio Theatre in 1997.)  He’s also played other larger-than-life figures, such as the title roles in Sweeney Todd (2010, Signature Theatre, Arlington, Virginia) and Nixon’s Nixon (2000 & 2008, Round House Theatre, Bethesda, Maryland; Helen Hayes nomination).  I’ve personally seen him as Antonio Salieri in Amadeus (2011, Round House; ROT report: 6 July 2011) and Mark Rothko in Red (2012, Arena Stage; ROT report: 4 March 2012).  In that sense, playing Associate Justice of the U.S. Supreme Court Antonin Scalia is business as usual for the actor.

An odd thing about the acting in The Originalist, both on PBS and at 59E59 (and, I gather from reviews, all the other presentations of Arena’s production), is that Gero’s performance is realer, more natural than those of either supporting actor—Ifeachor and Mack in this staging.  That’s odd because, since both the clerk and the researcher are fictional characters, they can speak and behave in any way Strand wants them to, while Scalia’s dialogue is made up of quotations or paraphrases from his writings and speeches or language based on what the playwright believes the justice would say on the basis of his public pronouncements.  That ought to free up Cat and Brad to be more like ordinary people, since a writing artist can invent what they say and do, while Scalia suffers from the same problems a character in a documentary play does.  (See my essay “Performing Fact: The Documentary Drama,” 9 October 2009.)

But that’s not what happened in The Originalist.  I don’t blame Ifeachor and Mack, and only partly fault director Smith; it’s largely the responsibility of writer Strand for devising such stiff and bloodless characters whose inhumanity the actors had little chance to escape.  To paraphrase Jessica Rabbit from 1988’s Who Framed Roger Rabbit: They’re not cardboard.  They’re just written that way.  Gero, however, avoided or defeated the potential for artificiality that Ifeachor and Mack (and the other actors who played those roles) couldn’t. 

How’d he manage that when his castmates couldn’t?  Let’s start with the main reason so we can get on to some particulars: Gero’s just a far better actor than the rest of the company.  Ifeachor and Mack are probably excellent actors (I don’t know their other work, but Arena has its pick of the casting pool); if they weren’t, they wouldn’t have come as close to making their characters as alive and warm as they occasionally did.  But they are far overmatched against Gero—who might very well be able to make a reading of the phone book (assuming someone can still find one these days) seem warm-blooded.  Both his Salieri and Rothko, neither of whom are innately sympathetic figures, came off as pitiable (Salieri) or searching (Rothko) and worthy of concern.

One reason for this ability, I think, is provided by Gero’s own words.  A self-described “utility infielder,” an actor who seems to be able to do any kind of part and is an invaluable member of any repertory company, Gero thinks “there are two kinds of actors: actors who don’t want to disappear into a role and actors who do. And I like to think of myself as the second ilk.  To disappear into the role and to serve the play.”  That pertains, as far as Gero is concerned, to supporting roles and lead parts.  The Post’s Scott W. Berg, a freelancer, characterized the actor’s reputation among the Capital area’s theater leaders as a “Shakespearean actor who knows in his bones how to parse a dramatic text and perfectly capture a character’s emotional arc.”  In my own observation, that nails it pretty accurately.

I can’t really parse native talent.  It’s a God- (or nature-) given gift and pretty much a mystery as far as I’m concerned.  Either you’re born with it or you’re not—and Edward Gero was.  But raw talent isn’t enough to carry an actor through a performance, especially a challenging one.  (That’s the rationale for acting teachers when outsiders ask, ‘Can you really teach acting?’  As Humphrey Bogart’s character in The Barefoot Contessa told Ava Gardner’s character: “If you can act, I can help you.  If you can’t, nobody can teach you.”)  So we can look at what Gero did with that talent, on and off stage, that might have made a difference.

First (only because it comes first chronologically), Gero does homework.  Not every actor does, but Gero does conscientiously.  When he prepared to do Mark Rothko in Red—a role and a play that aren’t unlike Antonin Scalia in The Originalist in scope, stature, and structure—he not only read the biography of the painter that playwright John Logan consulted when he composed the play, James E. B. Breslin’s Mark Rothko: A Biography (University of Chicago Press, 1993), but visited the Rothko Room at the Phillips Collection in Washington where he spent “a few hours” to experience Rothko’s paintings as the artist, who designed the special gallery for this purpose, had intended.  Gero read other published material on Rothko and also corresponded with Rothko scholars.  In one reply to a researcher who shared his findings with Gero, the actor wrote: “I strive to find connections, as is my wont, with the characters I create to make comprehensible, or rather, recognizable, the struggles we share in the journey of being human.” 

Gero did the same thing to prepare for The Originalist, except there was much more to read: all of Scalia’s opinions, dissents, and law articles, and so on.  He read Joan Biskupic’s American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia (Sarah Crichton Books/Farrar, Straus and Giroux, 2009) and watched countless videos on YouTube and other sources.  He even went further, which wasn’t possible for Rothko: Gero went to listen to Scalia on the bench in a Supreme Court hearing and met with him several times to learn his mannerisms and spent time with the justice in his chambers. 

The actor also went to lunch with the justice and even went hunting and skeet shooting with him.  Gero told Scalia, “Mr. Justice, this is my entry into the way you think, not what you think, but how you think.”  For one thing, the actor explained, he discovered that “Scalia’s textual interpretations of the constitution [were similar] to how [Gero] . . . parses through Shakespeare scripts.”  To get a different perspective on the man, Gero also sought out “court watchers, other attorneys, friends, colleagues” to talk to about Scalia.

All of this was aimed at analyzing Scalia’s behavior and his way of thinking.  It wasn’t in pursuit of prurience or titillation.  The two men talked about Italy—both their families came from the same region of the old country, about 10 miles apart—and families, and fathers.  They never talked about politics, specific cases, or the play.  (Justice Scalia never saw The Originalist, but he told Gero he was “glad they got a good actor to do it so I won’t be embarrassed.”)  The same was true of conversations with other court people; it was all about building a character.  Gero had extraordinary access, and he took advantage of where he was living and his subject’s openness and generosity—which no other actor assaying the role will be able to do.

So, Gero was well primed to develop the stage role of Antonin Scalia.  He’d gathered a great deal of valuable and useful information about the man, plenty to project a portrait of him to an audience that probably knows—or thinks they know—who Scalia is.  That’s not like playing Mark Rothko or Antonio Salieri.  So, what did the actor do with all his raw data?  That’s the rub, of course.  That’s what separates the actor sheep from the actor goats.

Well, first he worked to turn his observations and info-gathering into actions—that is, stage behavior.  If you’re a mystic, you see Gero “channeling” Scalia, becoming a medium for the justice’s persona to communicate with the audience.  What the actor’s actually doing, of course, is taking control of his body and voice—what many actors call their “instrument”—to train it in rehearsal to do what he wants it to do, in this case, to conform to the physical and vocal image of Antonin Scalia that Gero had assembled from his study of the model for the character Strand wrote.  The same way a dancer learns steps and a singer learns notes, an actor learns movements and speech patterns and timbres.  Gero learned to stand, gesture, and speak like the man he’d been meeting and watching on recordings.  Indeed, the actor has superb control over his physical instrument: the Washington Post  once pointed out that Gero’s eyebrows, for instance, are “capable of any manner of gymnastics.”

With repetition—and that’s what rehearsal is for—the assumed behavior becomes natural; it no longer requires conscience attention and takes on the appearance of ordinary behavior.  (Uta Hagen, in her invaluable book on acting technique, Respect for Acting (Macmillan Publishing, 1973), points out that the French word for ‘rehearsal’ is la répétition, which means exactly what it looks like, and the German is die Probe, which also means ‘test’ or ‘trial.’)  Little by little—and I’m assuming here that Gero didn’t get it all right instantly just because he looks so much like his model (Scalia called the actor his “doppelgänger,” a German work that means ‘lookalike’ with overtones of mysteriousness)—the learned behavior becomes second nature to the actor, something he puts on when he comes into the theater like his costume and make-up.

One example, because it’s clearly not Gero’s natural behavior, is the way his Scalia stands with his arms folded in front of his abdomen, each hand grasping the opposite upper forearm.  The first time I saw Gero do this role, on the Theater Close-Up broadcast, I found it studied and artificial.  It was the sole bit of physical or vocal business Gero did that didn’t seem natural to me—and it still was at 59E59.  Nonetheless, it was obvious that the actor never stopped and thought about taking this pose before doing it, so, appearances aside for the moment, Gero’d certainly made the gesture part of his stage behavior for his Scalia.  Now, I don’t recall ever having seen the late justice take that stance, so maybe he looked awkward doing it as well, and Gero’s appearance was true to life.  But what I saw on stage was one bit of behavior that was automatic, even second nature—because Gero didn’t have to think about doing it—but still not organic, if that distinction makes sense.  As I determined in my first Originalist report, this is a minor glitch in an overall remarkable performance.

The study of how Scalia thought is a little different for an actor.  The physical characterization is somewhat independent of the script, or even the director’s staging.  An actor can move, pose, and speak in pretty much any way he wants and still be doing exactly what the playwright and director want.  Indeed, it’s part of what an actor brings to the part, what he contributes to the production.  But the work Gero did on how his character’s mind works, how he approaches ideas and subjects intellectually—that’s directly applicable to Strand’s text, the words he wrote for Scalia to say (and the ones other characters say to which Scalia reacts). 

What Gero did was try to understand, from the real justice’s writings and speeches, not what Scalia thought about given topics, but how his mind got to that decision.  If the actor could suss that out, then he can apply the same reasoning to the lines Strand wrote and speak them with the same emotional and psychological content, the correct subtext, that Scalia might have given the words.  That’s what makes stage dialogue come alive in an actor’s mouth, that’s why one actor’s Hamlet or Hedda Gabler lives and breathes and we say, ‘Yes!  That’s it exactly.  That’s so right!’ and another’s just sounds like someone dressed up declaiming famous lines and speeches we’ve heard many times before.  (That’s what Stanislavsky was all about, incidentally.)  It looks to me like all Gero’s homework paid off like gangbusters.

Finally, there’s the unquantifiable part: the talent, the art.  What I’ve been talking about up to now had been technique—the application of skill, craft, and training to the work of preparing a performance.  What Gero applies all that to is his innate talent.  He’s a consummate professional, so he doesn’t just rely on his gift, even though by now, he must know he has a prodigious one.  He still does all that homework—and probably more that he doesn’t discuss—even after over 40 years of stage work, but at some point in the rehearsal process, art takes over.  Undeniably, this is where Gero excels, because I have never seen him give a false or actorly—that is, where the craft and effort show though in performance—acting job.  He doesn’t in The Originalist, either (even though his castmates often do).  In fact, one theatergoer, a constitutional law professor, confessed that “the depiction of Scalia feels very accurate.  In fact,  the resemblance is so on point that I found myself forgetting that it was not the real deal.”

As for keeping the character fresh after three years and however-many performances, Gero gives his key.  “It goes back to being a priest,” he declared—a profession for which he contemplated studying before the acting bug bit him in high school.  

You have to say that Mass every day.  I remember when I was an altar boy, Father Callaghan was saying the Mass at 6:30 and barely staying awake, and I thought if you just did it like you believed it, everybody else would.

The the actor continued: “How do you make it fresh?  Well you have to listen to the play.”

As there were no reviews of the TV broadcast of The Originalist, I went back to the original stage production at Arena in 2015, of which the Theater Close-Up presentation was a clone, for a critical summary in my 2017 report.  When Strand’s play hit New York City, as you might imagine, the cyber press all came out.  Show-Score included reviews of the Chicago run and the return engagement at Washington’s Arena in its tally, so I have recalculated Show-Score’s average based on the 13 reviews of the 59E59 production alone.  With a top score of 92 (TheaterScene.net), followed up by one 90 (Broadway World), and a low rating of 45 (Lighting & Sound America), backed by a 65 (TheaterMania), the average score of the New York notices was 80; 85% of the reviews were positive, 8% were mixed, and 8% were negative.  My survey will cover nine published reviews.

No newspapers covered the current mounting of The Originalist, not even the New York Times, which ran a review the of Washington première (summarized in my PBS report), or the Village Voice.  Among the rest of the print press, there were two notices.  David Kortava wrote of the play in the New Yorker, “The setup strains credulity, but the ensuing debates and outings to the rifle range are amusing,” and of the title performance, he reported, “Edward Gero’s hammy portrayal, with those energetic eyebrows, is no conceit.  The National Review’s Kyle Smith labeled The Originalist “a smart, challenging, heterodox, and delightful look at Antonin Scalia.”  The politically conservative editorial magazine, which doesn’t regularly review plays (though it also ran a notice of the Washington première), reported, “Befitting its placement in the left-wing milieu of New York’s theater scene, the piece is shrewdly constructed by playwright John Strand to give considerable airtime and a sympathetic hearing to the progressive viewpoint.”  In the title role, Smith felt Gero “is a force of nature, by turns funny, exasperating, and exuberant.”  The NR critic-at-large affirmed that “one imagines [the real-life Justice Scalia] had as much fun vivisecting their arguments as Gero’s Scalia does here.”

On TheaterScene.net, Victor Gluck described the play as “part courtroom drama, part debate and partly a portrait of a man who never compromised on his convictions” and Molly Smith’s production as “both riveting and enlightening” under her “swift and powerful”  direction.  In it, reported Gluck in Show-Score’s 92-rated notice, “Edward Gero gives a bravura performance.”  “Gero’s portrayal is a towering achievement in a difficult role which could easily have been one-sided or totally callous and repugnant,” asserted the cyber reviewer, making “Scalia into a colorfully pugnacious and three-dimensional character.”  A “robust and impressive performance,” it “will likely be one of the 2018-2019 season’s very best.”  In conclusion, Gluck asserted that “The Originalist is provocative, stimulating theater” that’s a “surprisingly deep play for summer theatergoing.”

Marina Kennedy declared on Broadway World that The Originalist “is a vital story for our times” and “a thought provoking, insider's view of our American judicial system.”  Kennedy characterized the production (in the review Show-Score rated at 90) as an “enthralling theatrical piece [which] features the finest staging and stellar acting,” and advised her readers, “See it while you can.”  Lauding Gero, who “masters the demanding role of the controversial judge,” the BWW review-writer felt, “The cast’s excellent character portrayals and the well-crafted dialogue makes you feel as though you have entered Scalia’s Supreme Court Chambers.”  CurtainUp’s Elizabeth Ahlfors proclaimed that “John Strand's The Originalist rings with relevancy, highlighted by vibrant encounters of quick-witted minds in dazzling interaction.”  Ahlfors reported that the production is “[d]irected with a sure hand by Molly Smith” and that Gero “paints the larger-than-life Scalia with a love-hate spirit.”

“John Strand’s play is a brave and talented work,” asserted Hazen Cuyler on Theater Pizzazz, and Smith’s staging is “[d]ignified, simple.”  “As Scalia,” Cuyler affirmed, Gero “is effortlessly charming, distinctly cultured and frustratingly dogmatic. . . .  A compelling duality, this emotional and intellectual life revealed by Mr. Gero is a major reason why you may wish to see this divisive production.”  On New York Stage Review, David Finkle warned that “The Originalist is little more than a thinly disguised debate [which] does have its drawbacks.”  Finkle explained: “As the confrontations mount . . ., the question looms as to whether any intern, no matter how comfortable she or he is with a justice, would become quite so vehement.”  The reviewer noted that the play makes frequent mention of Scalia’s reputation as “a monster,” of which the justice even boasts, and Finkle remarked, “As directed by Molly Smith, Gero surely gets that aspect across.” 

Zachary Stewart described The Originalist as a “thought-provoking (and equally contrived) play” which is also “saccharine and affected” on TheaterMania.  The sparring between Scalia and Cat, contended Stewart, makes “The Originalist feel a lot like a Norman Lear sitcom featuring Scalia as Archie Bunker with a Harvard Law degree.”  As a consequence, the TM review-writer, in the notice Show-Score gave a rating of 65, found, “This results in a certain amount of sitcom acting from Gero” and his sparring partner “who commit to the more ludicrous exchanges in Strand's script . . . with forced gusto.”  Stewart complained about “Gero . . . arming himself with bulging eyes and sarcastic one-liners.”  Of the production, the TM writer reported that “director Molly Smith wisely spotlights the text with an uncluttered and highly focused staging.” 

“Theatre companies can be tripped up by the exigencies of scheduling, especially when topical works are involved,” warned David Barbour, whose review on Lighting & Sound America was awarded a rating of 45, Show-Score’s lowest for this show.  “Some months ago, the idea of presenting a cuddly comedy about the rabidly conservative Supreme Court justice Antonin Scalia may have seemed like a good, even daring, idea,” Barbour noted, but circumstances have changed, he pointed out, listing the abortive nomination of Merrick Garland, the subsequent appointment of Neil Gorsuch, and the coming “savage battle over Brett Kavanaugh.”  The LSA reviewer asks, somewhat testily to my ear, “[D]oes anyone think that a healthy chunk of the New York theatre audience wants to see a play in which Scalia rants and raves for over an hour, only to be revealed as a teddy bear under the black robes?”  Turning to Strand’s script, Barbour declared, “The premise of The Originalist is pure sitcom,” and contended, “It's a setup designed to yield all sorts of crackling confrontations; trouble is, Strand struggles to make it minimally believable.”  He further complained, “Strand undermines his plot with tired television-comedy tropes.” 

As for the performance of the title character, Barbour found, “The role of Scalia is designed to be a rich dish for an actor to feast upon, and Edward Gero tucks into it with gusto—perhaps too much so.”  The review-writer added, “He has been playing the role on and off since 2015 and if it ever was more astringent it is now being delivered with a wink and a nudge that only makes the character more irritating.”  Barbour lamented that “one wishes the director, Molly Smith, had exercised a little more judicial oversight on her cast.”  In conclusion, Barbour felt, “Too much of the time . . ., The Originalist settles for easy, odd-couple comedy at the expense of character and real conflict. . . .  That we are supposed to find such an outcome both adorable and emotionally satisfying only demonstrates how out of touch with our current political reality this play is.”

17 July 2017

'The Originalist' (PBS)


From 6 March to 31 May 2015, Washington, D.C.’s Arena Stage presented the première of John Strand’s The Originalist at its home base, the Mead Center for American Theater in Southeast, near the Potomac River (see my post, “Washington’s Arena Stage: Under Construction,” 26 November 2011).  A three-hander about Associate Justice Antonin Scalia of the U.S. Supreme Court, the play was widely praised, largely for the performance of Washington’s acclaimed stage actor, Edward Gero, about whom I’ve written on a number of occasions (see “Amadeus (Round House Theatre, Bethesda, MD),” 6 July 2011; “Red (Arena Stage),” 4 March 2012), as the ultra-conservative justice who was appointed to SCOTUS in 1986 by Pres. Ronald Reagan.  (Scalia died at 79 on 13 February 2016, shortly after the end of the play’s first run at Arena.)  The term ‘originalism’ was largely made known by Scalia at his confirmation hearings and in his public statements since, but the concept long predates his tenure on the supreme bench; it’s closely related to the judicial philosophy of ‘strict constructionism,’ which has been a mainstay of conservative jurisprudence for many decades.  Scalia was the foremost spokesperson for originalism and its application, backed up on the current court by Justice Clarence Thomas and, now, Justice Neil Gorsuch.

This is not the forum for discussing the meaning and application of originalism, but in Scalia’s mind it meant “to interpret the Constitution as it is written and as it was understood when the authors crafted the original document,” as the character declares at the outset of the play.  This is not identical to determining the original intent of the lawmakers at the time the provisions were enacted, an alternative interpretation of originalism to which Scalia did not subscribe.  (Personally, I have problems with either sense: how does anyone in the 20th or 21st century have even an inkling of what citizens in the 18th and 19th centuries—even the early 20th century—understood by the clauses and amendments of the U.S. Constitution?  At best, it’s only an approximation, a guess, and at worst, it’s a self-serving cover for an ideological interpretation that suits someone’s politics.  That’s irrelevant for the present, in any case.  I’m not here to talk about originalism.  I’m here to talk about The Originalist.)

After it’s début at Arena, the play, which co-stars Kerry Warren as the justice’s liberal law clerk and another clerk of conservative leanings played by Harlan Work, both fictional characters, went on tour around the U.S., playing at Asolo Repertory Theatre in Sarasota, Florida, in January to March 2017; the Pasadena Playhouse in southern California from April to May; a return to D.C.’s Arena, 7-30 July 2017; with a scheduled run at Chicago’s Court Theatre in May through June 2018.  The script hasn’t been published yet, but a 25 June 2015 special performance was recorded from the stage of Arena’s Kogod Cradle for release as a two-CD audiobook in October 2016 by L.A. Theatre Works. 

Another performance was filmed live on the play’s original home stage at the 200-seat Kogod, the flexible-space house, for a broadcast on WNET-Channel 13 in New York, the city’s Public Broadcasting System outlet, for its Theater Close-Up feature, the “spotlight on the innovative and provocative theater happening Off-Broadway and beyond,” at 9 p.m. on Monday, 13 March 2017 (with rebroadcasts scheduled over the following several weeks).  I watched the program, hosted by WNET president and CEO Neal Shapiro, and also taped it for re-viewing.  The performance, produced for television by Stage17, was directed for the stage by Arena’s artistic director, Molly Smith, and for the cameras by Diana Basmajian.  (I was in the Washington area when the original run was happening, but my mother’s deteriorating health made it impossible for me to see the performance, though I read much of the Washington Post coverage with interest—and jealousy.  As I’ve indicated, I think, I’m a fan of Gero and, to quote a Daily Beast headline, the actor, who strongly resembles Justice Scalia (the Gero and Scalia families apparently come from the same part of Sicily), “was born to play” the part.  Indeed, according to the article, Strand wrote the part “with him in mind.”

(Antonin Scalia is also the subject of Derrick Wang’s comic opera Scalia/Ginsburg, which premièred in July 2015 at Virginia’s Castleton Festival.)

There’s virtually no biographical information on John Strand, the playwright, that I could find; he’s one of the most successful people I’ve come across at staying off the radar.  He’s also a journalist, theater reviewer, and author based in the District of Columbia, but I couldn’t determine if he was born in Washington or if he’s associated with the DC metro area only because he was playwright-in-residence at Arena’s American Voices New Play Institute in 2014-15. Strand’s previous works include Our War, Tom Walker, The Miser (up-dated from Molière), Three Nights in Tehran, Charity Royal, his Charles MacArthur Award-winning Lovers and Executioners (Arena Stage), An Italian Straw Hat (South Coast Repertory), Lorenzaccio (Lansburgh Theatre, Shakespeare Theatre Company), Lincolnesque (Burstein Family Stage), Highest Yellow, The Diaries, Otabenga (Signature Theatre in Arlington, Virginia), and The Cockburn Rituals (Woolly Mammoth Theatre).  He’s received multiple playwriting commissions from South Coast Repertory, Arena Stage, the Shakespeare Theatre, and Virginia’s Signature Theatre.  He was also named Playwright of the Year by Broadway Play Publishing, publisher of several of Strand’s scripts.  Strand is also the author of the novel Commieland, a novel about a popular but aging theme park in rural Pennsylvania that re-creates Communism for Americans through thrice-daily-performed musical-historical revues.  His other books include Offensive Countermeasures: The Art of Active Defense.

Strand’s The Originalist “was inspired,” according to host Shapiro, “by former Supreme Court Justice Antonin Scalia’s actual  custom of occasionally hiring razor-sharp clerks with opposing views to sharpen his own legal reasoning.”  (They were called “counterclerks” at the Court.)  The events and dialogue of the play, adds Shapiro, are fictional, “but the importance of debate over complex issues and how the Court functions is very much a real-life concern to all Americans.” 

As the play opens, a piece of opera (from Verdi’s La Traviata, I’ve been informed) is playing on an empty stage.  The Kogod is configured as a small thrust, with a parquet floor and a gold-trimmed red drape across the back (through which most entrances and exits will be made).  Two large crystal chandeliers hang over the playing area, which will serve as several different locations—a university lecture hall, Scalia’s office, a shooting range, a hospital room, among others—with a minimum of props.  (The set design is by Misha Kachman, the lighting by Colin K. Bills, the musical composition and sound design by Eric Shimelonis, and the costumes by Joseph P. Salasovich.)  Scalia (Gero) enters in his judicial robe, humming along with the aria.  We discover he’s giving a lecture to an auditorium of law students.  “I love opera,” he announces, “—the most complete and demanding art form . . . .  It requires effort and erudition and costumes.”  He chuckles at his own little joke.  Do you suppose he’s also alluding to something else?  No bet!

The music fades.  “I asked for this musical interlude to underscore a point.”  You can tell what’s coming—at least, I could. 
                                                                                                   
A great opera by Verdi or Donizetti must be only what it is.  Now, of course you can interpret the meaning in different ways, but there is a sanctity to the score.  The notes are the notes.  They are exactly what the composer composed then, now, and a hundred years from now.  And that is precisely my view of the Constitution—and, thus, the law.

No sooner does the jurist start his remarks when an aggressive young woman of color—who’s not one of the students in the class—jumps up and challenges him on nearly every point.  In the end of the confrontation, the woman reveals that she’s applied for a clerkship—with, of all judges, Scalia himself. 

The Supreme Court is beginning a new term and Scalia is interviewing candidates for law clerks for the coming year.  One interviewee is Cat (Warren), a recent female and African-American graduate of Harvard Law School who has firmly held liberal beliefs.  Scalia has called her in for an interview.  The interview leads to lively exchanges between the two in which the potential law clerk makes strong assertions about her positions, occasionally challenging—if not besting—the distinguished jurist, “probably the most polarizing figure in American civic life,” announces Cat.  Cat points out some background points they share, including that they are both Roman Catholics; like Scalia, Cat is the daughter of immigrants (her mother is from Gabon) and she grew up in New Jersey, where the justice was born.  (A personal—and coincidental—sidelight: though born in Trenton, Scalia  was raised in Queens, New York, and got his secondary education at Xavier High School—a Jesuit boys’ school located at the western end of my block in Manhattan.)  Asked why she wants to work for him, Cat answers that she thinks a clerk can influence her justice, perhaps as much as she knows the justice can influence his clerk.  After the verbal sparing, Cat is hired for the term.

As Scalia’s clerk, Cat continues to debate the justice over the issues that are or have been before him, arguing the liberal position while he refutes her points and notes what he sees as flaws in her reasoning and legal citations; Scalia occasionally concedes a point, but never the overall argument.  Some of these exchanges are heated, some are legalistic and rational, and others are humorous and even light-hearted.  (There’s even some badinage about his eventual death as he wonders who will succeed him.  At first it might sound as if this passage had been added after Scalia’s actual passing in 2016, but the lines pre-existed the jurist’s death and the fights over the nominations of Merrick Garland and Neil Gorsuch.)  Cat tells Scalia that she “detests” his rulings and provides her own definition of originalism: “a narrow doctrine by privileged white men living in the past.”  At one point, Scalia takes his clerk, a staunch advocate of gun control who’s never fired a weapon before, to a firing range to shoot at targets with an AR10 semiautomatic rifle . (This is the precursor to the AR15, the civilian version of the military’s M16, the current firearm of NATO armed forces.  Does Scalia really hunt with one of those?  It’s an assault weapon, not a hunting rifle.)  While they’re at the range, Scalia tells Cat that she’ll be writing his opinion in an LGBT-rights case, the challenge to the Defense of Marriage Act, known as DOMA (United States v. Windsor, decided 26 June 2013); to assist her, the justice has hired a new clerk, Brad (Work), a Scalia acolyte and member of the conservative Federalist Society.  When Brad saunters onto the range, it turns out the two clerks know each other—both were in the Harvard Law class of 2011 and had butted heads over their opposing political beliefs. 

Cat and Brad begin working together on Scalia’s opinion (which would turn out to be a dissent; DOMA was decreed unconstitutional by SCOTUS in a 5-4 decision), gathering legal precedents and crafting an argument in support of the federal law defining marriage as a union between one man and one woman.  Brad informs Cat that he knows she’s a lesbian, that it’s all over the Internet.  This is thanks, in fact, to sycophantic Brad himself (Cat calls him an “ass-kisser” and, later, a “spineless unnamed source”), who resents Cat for getting the clerkship he wanted and feels he deserves more than she.  (”You’re a toy,” Brad hurls at Cat.  “You amuse him.”)  The combative Brad asserts that Cat’s sexuality might put the justice in a difficult position when it’s revealed that his opinion included input from a member of the LGBT community with a strong interest in the outcome of the case.  Cat feels compelled to acknowledge this to Scalia before he makes his opinion public.  Rather than being surprised, the jurist informs Cat that he’s better informed than she apparently thinks and, what’s more, the justices vet their prospective employees pretty carefully.  He’s known all along about her sexual preferences and even considered that an asset for this particular case.  Once the cat’s out of the bag (so to speak), the liberal clerk’s goal isn’t to change the justice’s mind on gay marriage, but to write an opinion that expresses more inclusivity, especially of differing views.  (She succeeds, even though Scalia resists her entreaties.)

The two continue to debate the issues that confront the Court and the nation and their give-and-take, however sharply expressed, suggests that Scalia is more open-minded than he’s usually portrayed in the public media.  In Strand’s own words:

A picture emerged of a warm, caring man who took the time to know his clerks personally, someone who welcomed hearing the other side of an argument, if it is well argued.  A mentor, perhaps even a father figure.

(It may be no surprise, but several reviewers objected to this portrayal of the liberals’ villain on the Supreme Court.)  During one debate, Scalia, sitting in his big swivel chair as Cat stands beside his desk, suddenly seems to suffer from what appears to be a heart attack and Cat quickly comes to his side to assist him.  (Scalia suffered from coronary artery disease and several other conditions that probably contributed to his death in 2016.)  The justice’s discomfort is not serious, but we learn that Cat’s father is in a hospital in a coma from a stroke, something that she hasn’t shared with her judge; Scalia only learns of this when he asks Brad about Cat’s father.  Scalia appears at the hospital and finds Cat beside her father’s death bed; he offers his sympathies for her imminent loss.  (The father’s hospital bed, which appears several times in the play, is represented by a rectangle of light projected onto the stage floor.  Cat’s father, who’s never seen, is almost a fourth character in The Originalist.)  The play ends with the judge and the clerk acknowledging that their differences and their debates have indeed had profound influence on both of them.

The play runs about an hour and 45 minutes and is performed as a long one-act (11 scenes). There were several brief interludes of semi-darkness for some set changes, which took place mechanically for the most part, covered by snippets of opera by Mozart, Verdi, Donizetti, and Puccini.  The main performance metaphor of the play is not a debate or even a litigation, but a boxing match.  The stage has a vague resemblance to  a squared ring and there are frequent allusions to boxing in the dialogue, which aligns with Scalia’s pugnacity and combativeness.  Starting in 2012, the play covers the year of Cat’s tenure as Scalia’s clerk.

Strand used excerpts from Scalia’s actual dissents, rulings, and opinions for the justice’s dialogue, which have clearly been cherry-picked and edited.  Gero spent a great deal of time over a year studying Scalia, observing him on the bench, and meeting with him in less formal circumstances.  The actor tells one anecdote about a time he and the Supreme Court justice were eating at a Washington restaurant just after the play first opened at Arena.  Another diner approached the two men, who looked a lot like one another, and complimented Gero on his performance.  The actor indicated his dining companion across the table and quipped, “You mean, when I played him?”  Scalia burst into laughter, Gero reports.  And like the character Cat in The Originalist, actor Gero was invited to go shooting with Justice Scalia—not on a range, however, but hunting. 

From his performance, it’s clear that Gero studied the judge’s movements and gestures, particularly the way he stands with his arms folded in front of this abdomen, each hand grasping the opposite upper forearm.  (The two men were such lookalikes that after Scalia died, the Internet journal Huffington Post and Republican Senator Ron Johnson of Wisconsin on his Twitter account both posted photos of Gero in The Originalist in mistake for pictures of the late jurist.  Remarked the actor: “I know, thank God, he’d be laughing at that, too.”)  In their chats, Gero and Scalia “talked about Italy.  We talked about family.  We talked about fathers.  We talked about many things.  And we didn’t talk about the play.  We didn’t talk about politics.”  He explained to Scalia, “Mr. Justice, this is my entry into the way you think, not what you think, but how you think.” 

The actor also found that after rehearsing and playing the part for so long—by the time he returned to Washington for the Arena revival in July, Gero’d appeared as Antonin Scalia over 100 times—he felt “empowered by living in the role.”  He confessed:

In our correspondence, I would check and double-check and edit, to make sure everything was grammatically correct and try to be elegant.  In talking with people, I would look for flaws in the argument and support for the argument.  I wouldn’t be so eager to say “You’re wrong.”

Gero’s performance alone is worth watching, however, though that arm-folding pose seems awkward and unnatural.  It’s a minor glitch, but the performances of Warren and Work are occasionally stiff and forced—for which I largely blame the script.  Strand’s dialogue, particularly in the arguments and debates, makes both clerks sound like programmed moot court androids, one for Team Liberal and one for Team Conservative.  Director Smith didn’t guide the actors away from this result, though.  Somehow Gero manages to escape this snare—possibly because of his close association with the real justice he plays; all those lunches and conversations must have paid off.

For theater people, it’s also interesting to see how Strand built the script.  I find it fairly contrived and set-up.  Strand has said that he drew from Scalia’s writings, but I don’t know how much of Gero’s dialogue is quotations or paraphrases and how much is just made up.  If the justice’s words are mostly real, it’s more interesting than if the playwright made most of them up (based on what he thinks Scalia believes and might have said).  In the latter case, Strand would be able to make Scalia say whatever the author wanted to contrive arguments with his liberal provocateur.  (In the former instance, he could be selective of Scalia’s statements, of course.)

Certainly, one contrivance is inventing the two clerks, especially Cat, as basically one-sided figures with diametrically opposed views.  I knew before anyone opened her or his mouth which side of an issue each one was going to take—because otherwise there wouldn’t be a conflict and without a conflict, there’s no play.  I say “especially Cat” because, clearly, she’s meant to provoke Scalia so Strand can get him to say all the conservative and originalist notions the dramatist wants him to spout from the stage.  (Christopher Isherwood labeled the part “a sparring partner, Devil’s advocate (or angel’s, depending on your point of view) and cue giver for Scalia” in the New York Times.)  The writer’s made her a woman, more pointedly a woman of color, so he has the opportunity to show Scalia as a sensitive and thoughtful man rather than a thorough ideologue—and so he can say, “Look, I’m not an ideologue.  I am an originalist,” and provide a definition of that term for the play’s (and audience’s) benefit. 

Strand’s also given Cat a dying father so the play’s Scalia can demonstrate his warm, paternal side, and she’s a lesbian so the justice can show how broadminded he is—and how savvy when he reveals he’s known all along about her “secret.”  Finally, if Cat’s not a self-described liberal of “the ‘flaming’ category,” Strand couldn’t show how receptive each of his main characters has become in the end by agreeing that each had influenced the other and that there is the possibility of respect, especially for one another’s humanity, between the two political poles.  In an interview, Strand wondered, “Is there still a political ‘middle’ and what does it cost to meet there?”  He explained, “I wanted to use this combative, almost operatic figure to explore how two people on opposite sides of a political, social, and even legal spectrum can take a step toward one another, begin to listen, learn to hear and respect the other’s argument.”

Furthermore, I feel the arguments Strand constructs between both Scalia and Cat and Cat and Brad are devised more as showcases than as any kind of dispute between living human beings, irrespective of how strongly they hold onto their socio-political views.  Cat is introduced into The Originalist to give Scalia an irritant around which he could form his pearls of wisdom, and Brad is introduced to serve the same function for Cat.  (Strand said that he “interviewed a couple of former Scalia clerks,” but “did not ask for information on legal issues, only what it was like to work for Justice Scalia.”) 

In another sort of contrivance, I return to Scalia’s opening metaphor, invoking opera as the model for his philosophy of jurisprudence.  Let’s leave aside for the moment the question of whether his analogy is derived from a false dichotomy and look only at his characterization of opera.  I’ll ignore his assertion that opera performance “requires erudition” (“effort” is unarguable—as it is for any art form; “costumes”—well, usually, though there are plenty of exceptions): it requires talent and maybe extraordinary sensitivity, certainly, but whether it requires “profound knowledge,” I’m not convinced.  Scalia wants to think singing opera needs “learning and scholarship” because it suits his purpose to say so, but just as there are talented but ignorant actors, there are surely talented but ignorant opera singers.  (I won’t argue the same is true of lawyers and, particularly, judges—though we all may remember one Judge Harold Carswell, nominated unsuccessfully by Pres. Richard Nixon for a seat on the Supreme Court, who was deemed “mediocre” and defended for that quality because mediocre people are entitled to representation on the High Court, too!)  So, forget that. 

Let’s look at whether Scalia’s correct to declare that “the notes . . . are exactly what the composer composed” through all eternity.  Actually, let’s go back a step further and ask if “you can interpret the meaning in different ways” for an opera, and opera is a metaphor for the law and the Constitution, doesn’t that mean, in the justice’s own words, that you can interpret the meaning of the law and the Constitution in different ways, too?  Sounds like it to me.  In a court, I might be tempted to say, “I rest my case, your honor.”  QED.

But back to the notes being immutable.  I’m sure the composers would want that to be so—maybe not for the same reasons that Scalia does—but is it true?  Certainly many musical compositions have been transformed by later musicians, arrangers, and conductors—and though I’m not an opera fan, so my experience with that form of music is minimal, I’ve heard renditions of operas that have been altered for various reasons.  So, it does happen—the notes can be changed.  What Scalia probably means is that he doesn’t believe they should be changed—but that’s essentially arguing that a law’s meaning can’t be changed or reinterpreted because he doesn’t want it to be.  That’s not an argument, really. It’s just a plea, a wish, a preference. 

What Scalia’s holding out for is what playwright Mac Wellman called the “the theater of the non-event” or “geezer theater,” which he says “suborns and undermines ideals of diversity and multiculturalism in order that its institutions may survive and prosper, survive the unspeakable invasiveness of the Other.”  In other words, among other things, it’s essentially self-protective.  In his discussion of “the Deadly Theatre,” innovative theater director Peter Brook described this same phenomenon, putting the blame for its perpetuation on what he called “the deadly spectator.”  This kind of viewer—Wellman’s “geezerdom,” among whom he might well have placed Scalia—“emerges from routine performances of the classics smiling because nothing has distracted him from trying over and confirming his pet theories to himself.”  (Both Wellman and Brook were writing about plays and prose theater, but I think readers can see that their thinking extends to all performing art forms, including opera.)  He goes to see “plays done by good actors in what seems like the proper way—they look lively and colourful, there is music and everyone is all dressed up, just the way they are supposed to be in the best of classical theatres” and confuses this “intellectual satisfaction” with a true theatrical experience.

Now, let’s look at that matter of whether the analogy of the law and the Constitution to opera is even valid.  What Scalia’s saying is that the law is either like opera or it’s cacophony.  Is that true?  What if we say that the law is like jazz?  What if we say that each generation of musicians (citizens) plays (understands) the songs (statutes) according to its own musical (societal) standards?  Jazz is a live genre, not dead, as Scalia declares the Constitution—by which he means ossified.  (Did you know that there are churches in which 300-year-old liturgical music is being played as jazz in jazz masses?)  Except that Scalia doesn’t like that belief, is it just as valid a metaphor?  (That’s the definition of a false dichotomy: presenting two options as if they were the only ones when there are really three possibilities or more.)  I say it is, and if the law is like jazz, then it’s a “living document,” the philosophy of most liberals when it comes to our laws and the United States Constitution.  (In The Originalist, Justice Scalia just declares that this position “is  obvious.  And wrong!”  That’s also not an argument.  It’s just an assertion.) 

Strand, however, sets up his disputants so that Scalia will nearly always use his position as a Supreme Court justice and a distinguished jurist and legal scholar essentially to cow his young opponent even if his legal arguments are flawed.  (I had a history prof in college who was like that.  He was arguably the most respected member of the university’s faculty, a true eminence grise, complete with a mane of silver hair, and he came to class with years of teaching the same material behind him and a command of all the examples and precedents he needed to defeat any counter argument from an undergrad who didn’t have that at his fingertips and was encountering the issue on the fly in class.  More than once, I sensed that the teacher was doing this, but without the ammunition available couldn’t debate him.  Only after class did I sometimes realize what I could have said to refute some contention the professor made—but then it was too late.  Of course, the prof knew that this would be the outcome—he planned on it—and so does Strand’s Scalia.  By the way, that history class was 50 years ago, and that professor is surely long dead . . . and it still aggravates me!)

There were no reviews I found of the Theater Close-Up performance of The Originalist, but the live Arena performances, which garnered two Helen Hayes nominations (including one for Gero’s performance), were well covered.  (There are also reviews on line of the subsequent tour stops, but even though the cast was largely the same for all those later presentations, I’ll stick to the DC-area reviews because the venue was the same as the one I saw on television.)  The subject matter—or, more precisely, the main character—brought the play to the attention of many publications that probably wouldn’t have covered a theater production ordinarily, including political papers like Roll Call and legal journals; they weren’t all reviews, however.  My survey covers 14 notices from D.C.-area outlets, one New York paper, and a few national journals and websites. 

Let me start with Nelson Pressley’s notice in the Washington Post, which led off with the question: “Is the bulldog conservative justice we see parading up and down the stage in ‘The Originalist’ the Antonin Scalia?  That’s a verdict for the Supreme Court justice’s intimates and close observers to render.”  The Postman continued, however: “Edward Gero’s lively performance at Arena Stage makes an extremely compelling case.”  Cataloguing Gero’s acting characteristics for the portrayal, Pressley declared, “If this is not Scalia to the last degree, in Gero’s exacting hands this is certainly a man in full.”  Calling The Originalist a “daring new play,” the Post reviewer reported, “It takes chutzpah to cross-examine a figure like Scalia on the stage, and Strand doesn’t soft-pedal it.”  Like me, Pressley found Scalia “is more believable than” Cat, who, in “Warren’s performance is fierce and knowledgeable, but this Cat is so intense and so rudely in the conservative lion’s face that you keep expecting Scalia to get rid of her with a roar and a fast fatal swipe.”  He asserted, however, “Arena’s glorious Kogod Cradle hasn’t felt this alive with new writing in a while,” but declared in the end, “Ultimately, there’s Gero” who “lands the laughs, delivers the gravitas and at every turn makes you believe this tantalizing man knows and feels American law down to his very bones.”
 
Even the New York Times covered the production, and Isherwood characterized The Originalist as “essentially a series of debates dressed up in the robes of drama” that “goes to some lengths to suggest that Justice Scalia, despite his scorched-earth dissents and oft-expressed contempt for the views of the liberal wing of the court, does actually possess a heart.”  In the Timesman’s view,

But the meat of the play draws a portrait of the private man in accordance with the public record: rigid in his views, deeply moralistic and unafraid to express his florid contempt for those benighted souls who see things from any perspective other than his own.

Also: He’s funny.

The title character is “portrayed with terrific verve and snappy humor by Edward Gero,” though “it’s sometimes hard to disguise the mechanical nature of Cat’s role.”  The two performances aren’t equal, either: “Poised and feisty as her Cat is, Ms. Warren nevertheless often sounds as if she were reciting speeches or talking points, whereas Mr. Gero makes even the more bluntly hortatory passages seem to flow naturally from the (big) mouth of his character.”  The play, Isherwood said in the end, “serves fundamentally as a primer on Justice Scalia’s years on the court.  Those who have followed the court’s rightward drift . . . will probably learn nothing new.” 

In the Washington City Paper, Chris Klimek, characterizing The Originalist as “John Strand’s smooth, easily digested, genially middlebrow work,” bemoaned “a depressing irony at the center”: “The energetic young woman of color just can’t hang with the cranky old white guy.”  Gero’s portrayal “is a magnificent theatrical recreation of the jurist,” but “Scalia must share the stage, and the foil Strand has given him is more a punching bag tha[n] the ‘sparring partner’ the script protests too much that she is.”  What’s more, Klimek affirmed, Warren “just doesn’t have the moves to carry the interludes when Gero is in the wings.”  (“She’s not bad,” the CP reviewer explained, “but she is badly overmatched.”)  The review-writer’s overall assessment is that “The Originalist is a warm, deeply conventional ‘well-made play’” whose “pleasant-but-slight impression . . . is that of a long episode of The West Wing.”  He concluded that “it’s glib and careful to flatter its audience for being sharp enough to keep up.”

Gary Tischler of The Georgetowner called The Originalist “a set-up play,” but Gero “dives into the character of Antonin Scalia . . . as if it was a particularly inviting churning ocean.  The actor’s “portrait is full-bodied” while Warren’s has “appealing energy.”  In K Street Magazine, Jordana Merran labeled The Originalist “theater unequivocally of Washington, by Washington, for Washington . . . to borrow President Lincoln’s famous expression” with Antonin Scalia “brilliantly played by” Gero.  His bottom line was that the play is “[s]mart, funny, moving, and profound” and “anyone who’s been in D.C. (or watched its political theatrics) for even the briefest time can find something to love in this production.”

The conservative National Review’s Jonathan Keim declared, “If you are looking to understand the life and times of . . . Antonin Scalia, The Originalist . . . will be of only modest help.”  Keim acknowledged, “The artistic depiction of Justice Scalia reveals some of his achievements and philosophy, but the acting can’t quite make up for the story’s cognitive dissonance.”  He complained, “Although the acting is good, its emotional intensity sometimes seems amped up to balance the dryish legal and political arguments that are the bulk of the dialogue.”  Furthermore, the play “has trouble making up its mind.  Is Gero supposed to be the warm and caring Justice Scalia that his clerks know, or is he, in playwright John Strand’s words, a ‘divisive personality’?” The NR writer found “the instantaneous Hyde-Jekyll transformation . . . abrupt and disorienting rather than illuminating.”  Keim also found, “The Originalist occasionally manages to eruct an insight,” but “it’s a bit too pop-psych to cause the audience to reflect.”  He even “wonders if Strand really understands originalism.” 

In the Atlantic, Jeffrey Rosen and Garrett Epps, the journal’s Supreme Court correspondents, discussed Strand’s play, which, they determined, “attempts to unpack Scalia’s intellectual commitment to originalism, and the extent to which his personal beliefs have any influence on his interpretation of the law.”  Rosen dubbed the play “entertaining” and added that Gero “offered an eerily convincing physical impersonation of the justice.”  He pronounced “the broad ambition of the show—to dramatize the intellectual, political, and cultural stakes in the battle of ideas at the Supreme Court over how to interpret the Constitution—is entirely worthwhile,” but felt “the play failed to achieve that ambition, because it presented a liberal fantasy of the debate over originalism, rather than presenting both sides in the actual debate over originalism itself.”  “Basically,” Rosen contended, “Strand has pitted a caricature of Scalia, the results-oriented moralist, against a 21st century caricature of William O. Douglas, the romantic liberal activist.”  He also objects that “the partisan premise of the play is obvious from its repeated references to Scalia as a monster.”  In addition, “throughout the show, Strand mischaracterizes Scalia’s opinions so it looks like he’s deciding cases on moral, not constitutional grounds.” 

Epps asserted that “playwright John Strand has not written opera but musical comedy,” and compared The Originalist with My Fair Lady, equating Scalia with Professor Higgins, “a powerful older man,” and Cat to Eliza Doolittle, “a powerless young woman,” whom “he undertakes to raise . . . to his level only to find that she completes his sentimental education.”  (Later, Rosen compared Strands play to Damn Yankees, with Cat as the Faust/Joe Hardy figure and Brad as Lola, the witch sent by Scalia/Satan to keep Cat “on the dark side.”)   Epps then demurred: “But the play is called The Originalist, not My Fair Law Clerk.  It purports to be about a philosophy of judging.  Does this work tell us anything new about that?”  Epps complained that Strand’s Scalia “is smaller than life” and has been “prettied up.”  The Originalist’s Scalia is “a gruff but kindly man”; however, contended Epps, the real justice possessed “an ever-present area of darkness, negativity, rage, and solitude” which Strand “seems determined not to look at.”

I alluded to the existence of  some reviews that strongly objected to Strand’s soft portrait of Antonin Scalia, and you’ve seen a few summarized already.  But the strongest of them was Mark Joseph Stern on Slate, the on-line journal.  The headline for his notice was “Scalia Fan Fiction” and the subhead was “The lovable grouch is a lie.”  Stern believed that in The Originalist, “We, the audience is meant to think, would never view Scalia so simplistically [as either a hero or a monster]; we understand that the justice is really a principled conservative, a brilliant and complex man who resists partisan classification.”  The writer went on to elucidate:

If you share that vision of Scalia, you will find The Originalist deeply enjoyable.  If you think the justice is actually a sanctimonious, bigoted bully, you will find The Originalist grating, lionizing, and gallingly condescending.

Stern, who writes on the law and LGBTQ issues, deemed the justice “looks less conservative than Republican” and “a lot more like the Fox News justice.”  The Slate journalist observed, “The Scalia of 1995 could back up his bravado with proven integrity.  The Scalia of 2015 can’t back up his bluster with anything but raw partisanship.”  In Stern’s view, “[T]he justice who struts onto the stage when The Originalist opens . . . is not the man who bitterly spewed his politics from the bench.  He is an idealized Scalia of yesteryear, firm but compassionate, stern but witty, irascible but oddly gentle.”  “The Originalist,” the legal and LGBTQ reporter asserted, “wants us to imagine Scalia as a lovable contrarian and a warmhearted grump whose judicial opinions often lie worlds away from his real-life habits.  There is simply no evidence that this portrayal is accurate.”  Stern also contended that  Strand “asks us to buy into Scalia’s own carefully crafted image as scrupulous originalist.”  On the contrary, the journalist asserted, “This vision of the justice is just plain wrong.  Scalia’s originalism is brazenly opportunistic and obviously influenced by his personal and political views.”  Nonetheless, “None of these problems detracts from the entertainment value of the play, which is always engaging and often very funny,” declared Stern.  “Nor do they distract from Edward Gero’s exuberant, remarkably realistic performance, a boisterous and astonishingly naturalistic feat of acting.”  His final word on the play is:

The Originalist extols Scalia’s ostensible grandeur so breathlessly that, by the finale, it careens toward pure fantasy.  This isn’t just historical fiction; it’s fan fiction, determined to recast Scalia as an unprejudiced legal giant.  Don’t believe a word of it.

Susan Davidson on CurtainUp dubbed the play “engaging theater” with “good dialogue.”  Gero, Davidson felt, “gives a superbly convincing performance,” adding, “The play is his.”  The actor “is so forceful and so convincing in laying out Justice Scalia's positions that even an arch-liberal stops to think and possibly re-assess his/her position on some of the most heated arguments of the last few decades.”  Work, the CU reviewer found, “makes the most of this basically symbolic part” and Warren “is excellent.”  Davidson caviled about a couple of scenes she thought were superfluous (including the riflery scene) and reported that the production is “too long,” but ended saying that it “is well worth seeing.”  On TheaterMania, Barbara Mackay, labeling the Arena presentation “a riveting, world-premiere production,” reported that it’s “far from a record of his legal decisions” and “not a biography,” but is intended “to generate a conversation that examines the distance between two viewpoints.”  “Gero is brilliant as the blunt, aggravating, funny, intense, and fierce Scalia,” affirmed Mackay, “Warren is excellent,” and Work “becom[es] believable as physically and socially dangerous to Cat.” 

MD Theatre Guide’s Heather Hill, characterizing The Originalist as “a very intense and deeply serious drama,” declared that “the flaming show should definitely ignite your interest no matter what side of the aisle you sit on.”  Hill reported that “it definitely struck my funny bone on a number of occasions, and never seemed to take itself overly serious,” confirming, “It is definitely a piece of drama and not a biopic, and I was engrossed by both the story and staging.”  She found, “The show even-handedly explores the person of Scalia” (the very take that so exercised Slate writer Stern), and summed up by asserting:

The Originalist is brilliant, witty, smack full of humour and jokes, relevant to the time and brimful of ideas and questions.  It is definitely a show you don’t want to miss, whether you just like a great piece of drama, want to check out some DC politics in the theatre, or want to go see some excellent acting.

Riley Croghan of DCist reported that “The Originalist, takes advantage of that can’t-look-away fascination, using it to give audiences their own window into the controversial Supreme Court Justice’s inevitably complicated interior life.”  It “starts off more like a premise than a play,” said the reviewer but “soon settles into its rhythm as a work about the pair’s complicated relationship.”  It “is a smart, thrilling trip through Supreme Court history” that “brings a sense of drama to moments that wouldn’t typically be theatrical.”  Croghan felt, “At times, the deck feels stacked during The Originalist,” but concluded that it’s “nothing if not a human portrayal of a larger-than-life figure, almost to a fault.”   

On DC Theatre Scene, Tim Treanor characterized The Originalist as “a play about ideas” in which Strand “gins up such heat as he can.”  The play, however, “is mostly about two contrasting views on how we should govern ourselves.”  Treanor found, “Exposition is done artlessly” and “Strand spends some time on the details of the law but his real subject is details of the heart.”  “The conflict between Cat and Scalia . . . is salted with mischief and joy,” the DCTS reviewer observed.  “If legal and political discourse, tightly drawn and mouthwateringly funny, is not your cup of tea,” suggested Treanor, like me, a fan of Gero, “you might go anyway to see some of the best acting in Washington” embedded in “a good, rigorous production.”  David Sobelsohn on CultureVulture asserted that Strand structured his play “like a boxing match” played on a stage with “virtually no set, and a minimum of props.”  According to Sobelsohn, “Mostly, the concept works.  Occasionally, Smith and Kachman’s bare-bones staging gets too abstract.”  The play, affirmed the review-writer, “is neither a documentary nor a law lesson but more a portrayal of the effect of establishing personal connection between ideological opponents.”  “Anyone who has seen Scalia in action will marvel at Gero’s portrayal,” declared Sobelsohn, but “neither Warren’s Cat nor Harlan Work’s Brad matches the credibility and power of Gero’s Scalia.”  In the final analysis, though, when the law clerk raises the issue of the justice’s health and possible retirement, “one can’t help wondering,” the CV writer pondered, “if Strand has created a liberal’s idealization of Antonin Scalia, mixed with wishful thinking.”