judgemenot


You jest – but this not-so-important trivia is unfortunately the level of public dialogue about what qualities are important for a Court justice. This trivia is being driven by the judicial handlers and low-brow journalists who are more concerned about appearance than substance.

And isn’t some level of vanity on the bench justified – you can’t do much with the robes – what’s left but improved hair-dos, better make-up and, possibly, a nip and a tuck – I’m with duke-us – while I wish some judges I have known would do a little yoga to mellow them out, others might have improved their temperment if they’d felt better about the way they looked.

I hate to be the cynic (but not a liberal like Tweek-em), but could the everyman image fostered by the self-bagging be an orchestrated Machiavellian/Rovian ploy by the media to sell this judge as an ordinary guy–sort of like Souter, who, if my memory serves me was a very ascetic New Englander who drove an old beat-up car around New Hampshire before ascending to the high bench?

Alito’s wealth has quadrupled this year – it’s all over the news. Maybe this is a charade to increase the public trust in the face of the same-sex marriage decision looming ahead.

I hate to spoil the holiday spirit – mine was actually really on the upswing when the best looking district court judge in the 1st asked for my help while she was sitting temporarily on an appellate case – but then she criticised my work and it really has gotten me down. Here’s what happened: This judge – a former defense attorney from a very blue state – asked for my help on a habe petition – well, when I showed her my memo, which categorically rejected the prisoner’s petition, she said, “This is not the way we do it where I come from – this kind of reasoning looks like it comes straight out of the 4th Cir – this is no red state you’re working in, counsel!”

I was shocked! I mean, I may be from a red state and I prize Condie’s personalized holiday card I got a couple years ago, but I always thought that I was following precedent and worked really hard at putting my personal views aside as an officer of the court. Have you ever encountered anything like that??? I mean, now I wonder if I need to tailor my work to the politics of the judge I work for – I mean should I find out which Pres appointed the judge before I draft an opinion for him or her? Should I talk to someone at the court about this?? And I always thought it was about stare decisis…

So disillusioned…

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