Yes, I Can

More serious people than me are having their say about who is likely to replace Republican Supreme Court Justice John Paul Stevens, appointed in 1975 by Republican President Gerald Ford and approved after a grueling five minutes of debate, three week after his nomination by the Democractic Senate by a 98-0 vote. 

Orin Kerr, for examples, notes the hugely divergent backgrounds of the frontrunners,

Elena Kagan would also bring notable educational diversity to the Court. Kagan would be the very first Justice ever to have attended Princeton and then Harvard Law. Obviously, that would be a major break after two consecutive nominees who had attended Princeton and then Yale Law (Justices Alito and Sotomayor). Whoever Obama picks, I think it’s clear that Obama faces a major choice and that his selection will be a historic occasion.

Tough, tough choices, each bringing their vastly different backgrounds and experience to the court that will obviously result in vastly different directions for the future of our nation.

But lest we not forget, there remains a stealth movement, hiding deep behind the Ivy League, law clerk, prosecutorial, judicial resumes of the frontrunners.  There is Norm Pattis’ Trench Lawyer Movement.  In retrospect, it’s understandable that President Obama, with all he’s got on his plate, might not have been ready to take up the mantle of the Trench Lawyer Movement when he appointed Sonia Sotomayor.  But now that he’s got plenty of free time on his hands, and already named on prosecutor to the bench, and recognizing that he’s never going to appease the right wing and make them believe he’s not “the most radical president ever,” there’s nothing left to lose.  Norm hasn’t forgotten.  Neither should our President.

Based upon my deep sense of patriotism and public service, and recognizing that the trench lawyer who will be first in this movement will likely be subjected to as much, if not more, scrutiny than given an appointee from the opposing political party by the Senate, I offer myself as the sacrificial lamb to my president as the next associate judge of the Supreme Court of the United States.

Already, support for my appointment is building.  Brian Tannebaum has thrown his not inconsiderable weight behind me.  Gamso appears to be reluctantly on board.  Others have told me that they will support me if I follow them on twitter.  Even the international  community is coalescing behind me.  Gideon was persuaded when I told him that I would issue opinions on SJ and leave comments open. Bennett has yet to jump on the bandwagon, but I remain hopeful that he will support me as well. 

It’s not going to be easy.  As one person commented to Tannebaum,

No way Obama has ever even heard of Greenfield. Furthermore, presidents pick people who write legal treatises and the like, not blog posts.

Certainly, my appointment will be a bit outside the box, if you will.  But Mr. Anonymous’ points are precisely why my appointment, at this juncture in history, would be perfect.  Should we limit selection of a branch of government consisting of only nine (count them, 9) people, appointed for life, to those who pal around with the president?  Isn’t that just a wee bit restrictive for a position so important to the future of our nation?  Should our President not look beyond those he’s heard of to those who would serve with distinction?  I say, think bigger, Mr. Anonymous.  And smaller.

As to the second point, I cannot agree with Mr. Anonymous.  I’ve read legal treatises. I’ve read blog posts.  Let me tell you, the former are not nearly as interesting as the latter.  In fact, the former are a bore.  I’m talking a crushing bore.  Boring. Boringas. Boringamos.  Isn’t it time that we broke from the old, the tedious, the incomprehensible, and tried to do better?  Would it be a crime for Supreme Court opinions to be a little less obtuse and a little more interesting?

And there is one additional advantage to my nomination that no one, as yet, has recognized.  After the Senate has its way with me, crucifying me for my writings and opinions, expressions of concern for others and thoughts on subjects large and small, think about how thankful they will be when my appointment goes down in crushing defeat and they are presented with another Ivy League, law clerk, prosecutor, federal judge to approve.  The person who comes after me will sail through, just in time for the first Monday in October.


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13 thoughts on “Yes, I Can

  1. Brian Gurwitz

    I strongly suspect that this post contains satire. It is therefore highly unethical for a lawyer to post. If it isn’t deleted within 10 minutes, I’m telling Jack on you.

  2. Ross

    I would vote for you. Oh, wait, wrong branch.

    I like the idea of nominating someone who isn’t a hard core legal scholar, but who respects the Constitution and has experience in everyday issues.

  3. Shawn McManus

    As you have already proven far more reasonable than I ever plan to be in my adult life, you have my marginal support. (I wonder if that would be considered “unreasonable”.)

    My only litmus test is that the cases be decided on the letter of the law based on the original definition of the language (or “intent” if you rather). None of this “living document” stuff when referring to the Constitution.

    Will your writings also contain the occasional sarcastic line or two? If not, we’ll fire up the impeachment proceedings right now.

  4. Lurking Reader 4008

    Let me be the first to unreservedly endorse your nomination. Yes, I’m an anonymous reader, but I assure you my endorsement would not help in any case.

  5. Catherine Mulcahey

    You are a lamb! And willing to be a sacrificial one, at that. How typical of your sweet self-sacrificing nature. I’m willing to vote for you even though it’s not an elected office.

  6. SHG

    Well, if you could get yourself elected to the Senate really quickly, then you could vote for me.  Hurry, run…

  7. Lee

    I would also like to reluctantly offer my lukewarm support, which I will disavow if a) someone better comes along in the meantime or b) you ever issue an opinion with which I disagree.

Comments are closed.