This was certainly one of the best episodes of season 5, but it also showed the weaknesses of The West Wing. At times its good intentions make it go into an unreal world. At the heart of the episode there is the matter of choosing a new supreme court justice. Of course the West Wing staff try to get a liberal candidate, but playing a very dangerous political game, they go for a conservative one on condition that the liberal candidate can replace the aging chief justice. Both candidates are introduced as extreme examples of their side of the aisle, later turning out to be very sensible people with some differences in interpreting the law. So supreme court justices are some kind of impartial superhumans? I believe in real life we have discovered that they can take very shortsighted decisions, influenced by politics. Yet, The West Wing chooses to believe in the perfect image of the Supreme Court.
Having said that, the scene of Toby and Josh arguing outside the Oval Office and President Bartlet peeking from behind the door, is one of the best scenes in the entire seven seasons.