A Bit More On Justice Breyer, and Judicial “Rock Stars”
It’s another amazingly beautiful day here in New York, and we’re blogging from Bryant Park. The temperature is in the low 70’s, there’s not a cloud in the sky, and a slight breeze is blowing. Life is good.
We don’t have much time — we’re about to run off to another New Yorker Festival event — but after sleeping on it, and reviewing our notes (‘cause that’s what they’re for), we’d like to revise our earlier assessment of Justice Breyer’s interview with Jeffrey Toobin yesterday.
Although it could have been more fun, if Justice Breyer had been more forthcoming, there were actually quite a number of interesting stories and humorous moments — more than we remembered. Yesterday’s take may have been influenced by the fact that the interview’s highlights were clustered toward the beginning of the talk, and more of the bland civics-lecture material was near the end. So immediately after leaving the talk, it was the dry stuff that stuck in our mind. We’ll have more to say later about the best parts of the interview.
In the meantime, check out Ann Althouse’s great question:
David Lat gets antsy when an interview with Justice Breyer is insufficiently confessional. Why can’t he be more like Justice Scalia (or Judge Posner or Judge Kozinski)? Is there some reason the conservative judicial stars are more fun? Do liberals always have to demonstrate their circumspection?
It’s a fascinating inquiry, and one that we’ve entertained often ourselves. Do you have thoughts on why today’s leading judicial “rock stars” tend to be conservative? If so, please place them in the comments. (We’d like to see more robust debates in the comments here at ATL, like at other blogs.)
Three thoughts that we’d like to offer, before you accuse us (and Professor Althouse) of being biased in favor of conservatives:
1. There are a number of charismatic, colorful, outspoken federal judges who are quite liberal. Four examples, off the top of our head: Judge Stephen Reinhardt (9th Cir.), Judge Guido Calabresi (2d Cir.), Judge Jack Weinstein (E.D.N.Y.), and Judge Nancy Gertner (D. Mass.). So, in fairness to the left wing, let’s admit that they too have their icons.2. Today the top judicial celebrities tend to be conservative. Is this just because the Republicans have been in power for quite some time — and because the most recent Supreme Court nominees, as well as any SCOTUS nominees in the near future, will probably be conservatives?
(Or maybe not. Judge Kozinski or Judge Posner are both brilliant, but they are unlikely Supreme Court nominees, perhaps because they are so outspoken and larger-than-life.)
3. It wasn’t always like this. Two of the most enjoyable and entertaining Supreme Court justices of the twentieth century were Justice Douglas and Justice Brennan — and they don’t come more liberal than that. (So don’t accuse us of refusing to recognize fascinating figures of the judicial left. We just feel that the best ones aren’t around today.)
Okay, gotta run. Apologies for typos or sloppy (or sloppier than usual) writing; we haven’t proofread this. Hasta luego.




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I think the magnetic "rock star" quality you're referring to can be summed up in one word: CHARM. It's not something you can fake; like porn, you definitely know it when you see it.
Why do some people have it and some people don't? I think some of the most insightful observations on the subject came from a real-life Auntie Mame by the name of Arlene Francis. (One of her friends described her as "the only person I know who acts as though life were the best party she ever attended.") In her 1960 book "That Certain Something", Francis explained a person radiates genuine charm when he has the courage to fully be himself. "Charm is you -- the best part of yourself -- throwing off the bad part and expressing the good part in the highest and most loquacious manner."
In other words, irresistible people don't go around censoring themselves to "fit in" and conform. Love them or hate them, they do what they want, say what they think, are larger than life and are damn proud of it. They might put their foot in it every once in a while and look like a dork, but whatever. Life goes on. I think people like us respond to that because it's a quality we secretly wish we had more of ourselves.
Confidence is sexy; being "an original" is sexy. Confident "originals" are absolutely irresistible as far as I'm concerned!
Maybe magnetic and confident people tend toward judicial conservatism because it's part of their basic world view to place a primary emphasis on the individual rather than society and the opinions of others. Remember, Douglas and Brennan were VERY individualistic too...is it any coincidence this came out in the form of oversized, forceful, awesome personalities?
Eh, maybe, but it's a thought.
Schopenhauerian is an absolute bore - hogging the bandwidth with crud. Why don't you give him his own blog David -- or is that too Sibyl-like?
Someone should direct Lat to dreadnought - out of the shadows into the light - a faaaabulous blog by a gay, conservative, Catholic, Aussie lawyer. The Antipodean equivalent of Lat - cuter but not as ripped (or tortured).
Actually, David and I are quite easy to tell apart: he's the better writer, I'm the better photoshopper. (Think about it.) If you hate this site and everyone in it so much, why don't you vote with your feet? Since you already proved you're far too good for the playground, what's the point in sticking around to lay turds in the sandbox? At any rate, here's another piece of advice from Francis I find particularly relevant:
1) Think About Someone You Dislike ~ And Wish Him Well Even If It Kills You
"Our own pettiness and hatreds detract from charm much more seriously than we're inclined to think. When I get letters (I resent letters that are anonymous) that tell me I make the viewer sick and why don't I drop dead, I envision the mean, tight, little mind and soul that would prompt such an unpleasant attack, and know what a miserable life such a person must lead. To constantly slander those whom you dislike is to eat away at your own spirit. Inner harmony has for its outward expression grace and felicity, and while that may sound a little like Pollyanna at a picnic, it's a damned sight easier to live with than hatred, which Byron so succinctly called 'the madness of the heart."
I'm not there yet, but I'm trying. Seriously, good luck with your blog... I'm sure your next post there will be interesting and worth reading. The sooner you get back to somthing you care about, the better you'll feel, really.