Blow Out
Page 40
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“I’m with Washington, D.C., Metro, working with the FBI. What we need, ma’am, is as much information as you can give us about Justice Califano—his daily routine, his likes, dislikes, how he related to other Justices, and other staff, anything you can think of.”
She sat back and crossed her legs. She took a sip of coffee. “We are a conservative Court, Detective, six to three is the normal voting pattern. However, depending on the case, Stewart and I are the ones who will swing toward the liberal side. There are three Justices who make up the core of the liberal wing—Justice Alto-Thorpe, Justice Bloomberg, and Justice Samuels. Justice Samuels is eighty-two, swears he won’t retire because the President would appoint another conservative. Frankly, he’s getting senile, plus he has a heart condition. Once a law clerk found a Playboy magazine sitting on top of his desk, which has led to a good deal of awe and admiration among the law clerks. I’m telling you about Justice Samuels because he openly detested Stewart’s stand on many issues. He was always accusing him of being a Neanderthal in a black robe, which gave everyone a big laugh, including Stewart.
“On the conservative side are Chief Justice Abrams, Justice Spiros, Justice Gutierrez, Justice Wallace, Justice Califano, and me, although again, Stewart and I were the ones most often seduced by the Dark Side.” This was said with a chuckle, and both Ben and Callie laughed.
Ben said, “It sounds like there’s constant maneuvering, ma’am.”
“Oh yes, always. However, regardless of our political leanings, all of us love to delve into arguments; we love to dissect words, how and why they’re being used, the legal underpinnings and rationales. We’re accused of spending most of our time studying the nuances of our navels, and perhaps this is true, in part. We spend hours alone. There is voluminous reading, studying, and just plain thinking time. We have only two formal meetings a week, Wednesday and Friday. Much of our communication is done through various sorts of memos, my own personal favorite being the ‘I Join’ memo. This means, simply, that one Justice is notifying another Justice that he or she is willing to come onboard in a particular case. Naturally it isn’t usually that clean-cut, but it signals the beginning of negotiations.
“We try to be pleasant to each other, but when there are contentious cases, it can get loud and argumentative. Everyone has an agenda; there are shenanigans pulled by all the Justices, like adjusting parts of a majority opinion without telling anyone. Since there is so much paper flowing in and out of our chambers, it’s up to the law clerks to carefully read all the decisions.
“As for Stewart, he was considered a centrist, which annoyed both sides. He enjoyed being courted, as I suppose I do, because we were able, many times, to bring more compromise to a majority decision.
“Stewart had a keen mind, a way of pulling arguments apart that showed both strengths and weaknesses. But he had certain core beliefs that wouldn’t ever change. He was a good man.” She lowered her head, looking at her clasped hands in her lap.
Ben said, “You told us about Justice Samuels. Are there any other Justices who didn’t particularly care for Justice Califano?”
Justice Xavier-Foxx laughed. “Justice Lydia Alto-Thorpe. She’s a dyed-in-the-wool ideologue, Detective. She was happy as a clam in the very liberal Brennan court. She was always pushing her agenda. Unfortunately, Lydia has little grace or tact, so she tends to raise hackles rather than gain consensus for what she wants. She sulks, Detective Raven. She’s very protective of the Court, and all its rules and formality, its sacred majesty. When you speak to her, I imagine she will be very angry that this has happened. When she’s angry, she demonstrates a remarkable vocal range.
“She disliked Justice Califano more than any other Justice. Stewart made the mistake a long time ago of laughing at her. She never forgot. It didn’t matter that he sometimes voted with her, unlike Abrams, Spiros, Wallace, and Gutierrez. The other Justices liked Stewart and respected him.”
Ben took a sip of the sinfully rich coffee. “Justice Califano was in the Supreme Court Library on Friday night, near midnight, something obviously on his mind, something that made him want to be alone, to think. Can you think of anything in particular that was bothering him?”
Justice Xavier-Foxx frowned, looking down at her brown suede flats. “You know, Stewart was somewhat distracted, I remember thinking that during our Friday meeting, but then some of the Justices got into an argument about the upcoming death penalty case. Lydia knew Stewart hadn’t made up his mind yet about overturning the 1989 death penalty decision, but still, she couldn’t help herself. She sniped at him. Then the meeting was over and I got busy and it dropped out of my mind.” She turned to Callie. “I’m very sorry I didn’t pursue it, my dear. Maybe he would have said something, but I just went about my business. I’m sorry.”
She sat back and crossed her legs. She took a sip of coffee. “We are a conservative Court, Detective, six to three is the normal voting pattern. However, depending on the case, Stewart and I are the ones who will swing toward the liberal side. There are three Justices who make up the core of the liberal wing—Justice Alto-Thorpe, Justice Bloomberg, and Justice Samuels. Justice Samuels is eighty-two, swears he won’t retire because the President would appoint another conservative. Frankly, he’s getting senile, plus he has a heart condition. Once a law clerk found a Playboy magazine sitting on top of his desk, which has led to a good deal of awe and admiration among the law clerks. I’m telling you about Justice Samuels because he openly detested Stewart’s stand on many issues. He was always accusing him of being a Neanderthal in a black robe, which gave everyone a big laugh, including Stewart.
“On the conservative side are Chief Justice Abrams, Justice Spiros, Justice Gutierrez, Justice Wallace, Justice Califano, and me, although again, Stewart and I were the ones most often seduced by the Dark Side.” This was said with a chuckle, and both Ben and Callie laughed.
Ben said, “It sounds like there’s constant maneuvering, ma’am.”
“Oh yes, always. However, regardless of our political leanings, all of us love to delve into arguments; we love to dissect words, how and why they’re being used, the legal underpinnings and rationales. We’re accused of spending most of our time studying the nuances of our navels, and perhaps this is true, in part. We spend hours alone. There is voluminous reading, studying, and just plain thinking time. We have only two formal meetings a week, Wednesday and Friday. Much of our communication is done through various sorts of memos, my own personal favorite being the ‘I Join’ memo. This means, simply, that one Justice is notifying another Justice that he or she is willing to come onboard in a particular case. Naturally it isn’t usually that clean-cut, but it signals the beginning of negotiations.
“We try to be pleasant to each other, but when there are contentious cases, it can get loud and argumentative. Everyone has an agenda; there are shenanigans pulled by all the Justices, like adjusting parts of a majority opinion without telling anyone. Since there is so much paper flowing in and out of our chambers, it’s up to the law clerks to carefully read all the decisions.
“As for Stewart, he was considered a centrist, which annoyed both sides. He enjoyed being courted, as I suppose I do, because we were able, many times, to bring more compromise to a majority decision.
“Stewart had a keen mind, a way of pulling arguments apart that showed both strengths and weaknesses. But he had certain core beliefs that wouldn’t ever change. He was a good man.” She lowered her head, looking at her clasped hands in her lap.
Ben said, “You told us about Justice Samuels. Are there any other Justices who didn’t particularly care for Justice Califano?”
Justice Xavier-Foxx laughed. “Justice Lydia Alto-Thorpe. She’s a dyed-in-the-wool ideologue, Detective. She was happy as a clam in the very liberal Brennan court. She was always pushing her agenda. Unfortunately, Lydia has little grace or tact, so she tends to raise hackles rather than gain consensus for what she wants. She sulks, Detective Raven. She’s very protective of the Court, and all its rules and formality, its sacred majesty. When you speak to her, I imagine she will be very angry that this has happened. When she’s angry, she demonstrates a remarkable vocal range.
“She disliked Justice Califano more than any other Justice. Stewart made the mistake a long time ago of laughing at her. She never forgot. It didn’t matter that he sometimes voted with her, unlike Abrams, Spiros, Wallace, and Gutierrez. The other Justices liked Stewart and respected him.”
Ben took a sip of the sinfully rich coffee. “Justice Califano was in the Supreme Court Library on Friday night, near midnight, something obviously on his mind, something that made him want to be alone, to think. Can you think of anything in particular that was bothering him?”
Justice Xavier-Foxx frowned, looking down at her brown suede flats. “You know, Stewart was somewhat distracted, I remember thinking that during our Friday meeting, but then some of the Justices got into an argument about the upcoming death penalty case. Lydia knew Stewart hadn’t made up his mind yet about overturning the 1989 death penalty decision, but still, she couldn’t help herself. She sniped at him. Then the meeting was over and I got busy and it dropped out of my mind.” She turned to Callie. “I’m very sorry I didn’t pursue it, my dear. Maybe he would have said something, but I just went about my business. I’m sorry.”
