Hes also a firm believer in upholding precedent.
Even if its wrong?
Youre preaching to the choir, Sara, but I thought Id pass it along. Knights not going to get five votes without him, you know that. Even with him she might fall short.
Well, what does he want?
This was how it went most of the time. The famed clerk network. They hustled and debated and scrounged for votes on behalf of their justices like the most shameless political hucksters. It was beneath the justices to openly lobby for votes, for a particular phrasing in an opinion, or for a specific angle, addition or deletion, but it wasnt below the clerks. In fact, most of them took great pride in the process. It was akin to an enormous, never-ending gossip column with national interests at stake. In the hands of twenty-five-year-olds at their first real job, no less.
He doesnt necessarily disagree with Knights position. But if she gets five votes at conference, the opinion will have to be very narrowly drawn. Hes not going to give away the farm. He was in the military in World War II. He holds it in the highest regard. He believes it deserves special consideration. You need to know that when youre putting together the draft opinion.
She nodded her head in appreciation. The backgrounds of the justices played more of a role in their decision making than most people would suspect. Thanks. But first Knight has to get the opinion to write.
Of course she will. Ramsey is not voting to overturnFeresandStanley, you know that. Murphy will probably vote in favor of Chance at the conference. Hes the senior associate, so he gets to assign the opinion. If she gets her five votes at conference, hell give Knight her shot. If she delivers the goods meaning no broad, sweeping language were all okay.
United States v. Chancewas one of the most important cases on the docket for this term. Barbara Chance had been a private in the Army. She had been bullied, harassed and frightened into repeatedly having sexual intercourse with several of her male superiors. The case had gone through the internal channels of the Army with the result that one of the men had been court-martialed and imprisoned. Barbara Chance, however, had not been content with that. After leaving the military, she had sued the Army for damages, claiming that it had allowed this hostile environment to exist for her and other female recruits. The case had slowly worked its way through the proper legal channels, Chance losing at each stop. The matter presented enough gray areas in the law that it had eventually been plopped like a big tuna on the doorstep of this place. The current law said that Chance had, ironically, no chance of winning. The military was virtually immune from suit by its personnel for any damages, regardless of the cause or the element of fault. But the justices could change what the law said. And Knight and Sara Evans were working hard behind the scenes to do just that. The support of Thomas Murphy was critical to that plan. Murphy might not support overturning completely the militarys immunity right, but the Chance case could at least punch a hole in the Armys wall of invincibility. It seemed premature to be discussing resolution of a case that had not yet been heard, but in many cases and for many justices, oral argument was anticlimactic. By the time it rolled around, most had already made up their minds. The argument phase of the process was more an opportunity for the justices to showcase their positions and concerns to their colleagues, often by use of extreme hypotheticals. They were akin to mental scare tactics, as if to say, See what could happen, Brother Justice, if you vote that way?
Michael stood and looked down at her. It was at his urging that Sara had signed up for another term at the Court. Raised on a small farm in North Carolina and educated at Stanford, Sara had, like all the clerks here, a wonderful professional future waiting once she left the Court. Having a clerkship at the Supreme Court on ones r�m�as a gold key to entry at just about anyplace an attorney would care to put down his briefcase. That had affected some clerks in a negative way, giving them inflated egos that their actual accomplishments did not quite back up. Michael and Sara, though, had remained the same people they had always been. Which was one reason, aside from her intelligence, good looks and refreshingly balanced personality, that Michael had asked her a very important question a week ago. A question he hoped to receive an answer to soon. Perhaps now. He had never been a particularly patient man. Sara looked up at him expectantly.
Have you given my question any thought?
She had known it was coming. She had avoided it long enough. Thats all Ive been thinking about.
They say when it takes that long, its a bad sign. He said this jokingly, but the humor was obviously forced.
Michael, I like you a lot.
Like?Oh boy, another bad sign. His face suddenly grew warm. She shook her head. Im sorry.
He shrugged. Probably not half as sorry as I am. Ive never asked anyone to marry me before.
Youre actually my first too. And I cant tell you how flattered I am. Youve got it all.
Except for one thing. Michael looked down at his hands as they quivered a bit. His skin suddenly seemed too tight for his body. I respect your decision. Im not one of those who thinks you can learn to love someone over time. Its either there or not.
Youll find someone, Michael. And that woman will be very lucky. Sara felt so awkward. I hope this doesnt mean Im losing my best friend on the Court.
Probably. He held up a hand as she started to protest. Im just kidding. He sighed. I dont mean this to sound egotistical, but this is the first time anybodys really turned me down for anything.
I wish my life had been so easy. Sara smiled.
No, you dont. It makes rejection a lot harder to accept. Michael went over to the doorway. Were still friends, Sara. Youre too much fun to be around. Im too smart to let that go. And youll find someone too, and hell be very lucky. He didnt look at her when he added, Have you found him yet, by the way?
She started slightly. Why do you ask that?
Call it a sixth sense. Losing is a little easier to accept if you know who you lost out to.
Theres no one else, she said quickly. Michael didnt look convinced. Talk to you later.
Sara stared after him, very troubled. *����*����* I remember my first years on the Court. Ramsey was staring out the window, a smile working across his face. He was seated across from Elizabeth Knight, the Courts most junior associate. Elizabeth Knight was in her mid-forties, average height, with a slender body, and long black hair tied back in a harsh, unflattering bun. Her face possessed sharply edged features, and her skin was unlined, as though she never spent any time outdoors. Knight had quickly established a reputation as one of the most vocal questioners at oral argument and as one of the most hardworking of all the justices.
Im sure theyre still vivid. Knight leaned back in her desk chair as she mentally checked off her work schedule for the rest of the day.
It was quite alearningprocess.
She stared at him. He was now looking directly at her, his large hands clasped behind his head.
It took me five years just to figure out things, really, Ramsey continued. Knight managed not to smile. Harold, youre being much too modest. Im sure you had it all figured out before you walked in the door.
Seriously, it does take time. And I had many fine examples with whom to work. Felix Abernathy, old Tom Parks. Respecting the experience of others is nothing to be ashamed of. Its an indoctrination process we all go through. Though you certainly have progressed faster than most, he quickly added. Still, here, patience is a very cherished virtue indeed. Youve been here only three years. Ive called this place home for over twenty. I hope you understand my point.