A Visit To The Supreme Court

 by Steven D. Laib  

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Justice Ginsberg was a diminutive woman; rather what some authors would have called bird-like, but there was something predatory about her manner, and far from being sociable, she certainly was lacking in camaraderie for her fellow human beings.  However, she did not, as Michael Savage suggests, wear gold lame´ heels. 

On June 5, 2006, along with 20 other members of the Phi Alpha Delta Law Fraternity, I was privileged to attend a short session of the United States Supreme Court in Washington DC.  The session was short because it consisted solely of the release of 4 non-controversial opinions, and the swearing in of new members of the US Supreme Court Bar, of which I was one.  The entire event was rather anti-climactic and took about fifteen or twenty minutes, tops.  Those of us being admitted had only to stand, raise our right hands, and say "I Do" after the oath.  What was most interesting was, perhaps, the opening of the session which ended with the statement "God bless this honorable Court; God bless America".  Somehow I expected to see Justice Ginsberg cringe, but somehow she must have become used to it over the years.  

It was Justice Ginsberg who provided the impetus for this writing; something prompted by her visit to the meeting room where we waited after the session ended.  According to our information, Justices Ginsberg, Breyer and Souter were known for visiting with Phi Alpha Delta members, and the Fraternity staff was hoping that Justice Alito, who was also a member, would join them.  Only Justice Ginsberg showed up.  She was a diminutive woman; rather what some authors would have called bird-like a half-century or more ago.  But there was something predatory about her manner, and far from being sociable; she seemed to be wishing to be somewhere else.  Perhaps it was health issues, which were hinted at, but the rules of noblesse oblige might have applied here, particularly from someone of her background.  Perhaps she is as lacking in camaraderie for her fellow human beings as Michael Savage suggests; she did not, however, wear gold lame´ heels.  Still, there was the impression that despite your greater height, she was still talking down to you.  

Justice Ginsberg told us that she didn't have the voice for answering many questions, and rather than push things, I decided not to ask her when the Court would rediscover the 10th Amendment, and why it wouldn't.  She did take one question about how she was handling the departure of Justice Sandra O'Connor; an interesting question, considering that they were the only two women on the Court, and O'Connor's opinions and legal analysis had taken a gradual and then much sharper turn to the left, despite her prior conservative viewpoints, possibly due to Ginsberg's influence.  

According to Justice Ginsberg, she missed O'Connor a lot, and she appeared to indicate that there was some significant friendship present between the two.  This lent weight to the possibility that Ginsberg had been able to influence O'Connor, leading to a shift in the court's political balance.  It is, of course, speculation, at least until the truth comes out, if it ever does, but O'Connor is not a Scalia, who is also well known for being a close friend of Ginsberg, despite their somewhat disparate legal views.  Scalia, something of a maverick, purportedly avoided ingratiating himself with the senior partners at Jones, Day, Reavis & Pogue, where he worked after leaving Harvard Law School, and was willing to argue points of law with anyone and everyone.  He let his ability speak for him, and his work product was sufficient to put him on the partnership track, although he didn't stay long enough to complete it.  

What provides an interesting point of comparison between Scalia and Ginsberg is provided by James B. Staab, in The Political Thought of Justice Antonin Scalia - A Hamiltonian on the Supreme Court.  Staab is a professor of Political Science whose view of Scalia places him in the corner of big government, which is where Ginsberg also sits, albeit for different reasons.  Perhaps that is part of what has created their friendship on the Bench, but I digress.

Readers may recall my support for Janice Rogers Brown during the fight over her nomination of the federal court bench in the District of Columbia.  Since then I suggested that she would have been a better nominee for the Supreme Court than Harriet Miers.  Considering what I know of Judge Brown, it would have been an interesting turn of events to have her on the Court to see what influence she might wield against Ginsberg, in a possible reversal of the role she played opposite Justice O'Connor.  Judge Brown grew up poor; an African-American who had to see herself through college and law school as a working single mother after her husband had died tragically of cancer.   More than likely, "Justice" Brown would be impervious to Ginsberg's views; having personally seen and lived through everything Ginsberg has missed.  Brown's writings also indicate that she is at least a match for anyone on the Court today.  She would have been an excellent choice, to counter the Court's recent swing to the left because she is everything that limousine liberals such as Ginsberg are not.  

Whatever happened to Justices Breyer and Souter was never divulged.  We all went off to a nice lunch and then headed on to our respective destinations.  Anyone visiting the Supreme Court for reasons of historical interest, or just plain curiosity will see a fine old building, a lot of statuary, paintings and the like.  The Court historical society maintains an excellent gift shop featuring everything you could possibly want in memorabilia for those who like to bring back souvenirs.  I don't expect to be back in front of the Supreme Court any time soon.  The United States Tax Court as a venue would be just fine for me.  The building is much less distinguished, but I don't mind.  I'd have a much better chance of winning a case there, than probably any other court in the nation, and would enjoy the experience lot more, as well.  

Politics: General, Culture: General, The Courts, Legal, Criminal Justice, Death Penalty

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