Justice Fed-Ex, Part Deux

[Raymond Kessler]

Edward Lazarus clerked for Justice Blackmun 1988-89.  In his book, Closed
Chambers, (updated ed. 1999) p. 279, he wrote

            "As the weather grew colder, moreover, Stevens became
increasingly an absentee-piloting himself and his wife to a condo in Florida
for weeks at a time. For most of the winter, Stevens became the FedEx
Justice, sometimes even telephoning his votes in to the Justices' weekly
conference. That arrangement annoyed several Justices and, more important,
deprived the Court of the liberal whose overtures the other side might have
respected."

 

I assume this refers to 1988-89, and perhaps the situation has changed
(perhaps for the better, perhaps for the worse.) I doubt he is still flying.
PHONING in votes for weekly conference is IMHO, inexcusable.   Those of us
who will have to really retire to retire refer to this a (partial)
retirement on the job (ROJ).  Some Justices have complained about the lack
of real discussion and debate at the conferences.  It appears that most have
their minds made up before conferencing.  These are the folks making the
authoritative interpretations of the supreme laws of the land.  Yes,
changes do occur during the opinion-writing process later,  but wouldn't it
be nice to at least imagine the 9  most powerful (and in a few  cases the
most intelligent) people in the federal judiciary  engaging in real debate
and discussion about crucial issues?  (Am I just a hopeless idealist?)

 

 

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