'Judges, well, they're not perfect, but at least they don't have that much power.'
It sounds like you’re saying that it’s all part of a natural kind of—maybe pendulum is the wrong metaphor, but—a natural progression. That the court is going to move to the left, it’s going to move to the right.
And we don’t know. You know who else, in my opinion, doesn’t know? The judges who are there. Because it takes three, four, five years before you get used to that place. [Former Supreme Court Justice] Harry Blackmun told me when I first was appointed, “It’s an unusual assignment.” And it sure is. It’s a very unusual institution. And it’s very hard to sum it up. And of course, it’s not like the court of appeals, which is not like the district court. And law is not computer science.
No, they can’t. Because they’re judges. They’re lawyers. That’s what Learned Hand said. “Who controls you?” Someone asked him.Really. Please. If you are not interested in law, if you are not interested in trying to get this right, if you are not interested in trying to do adecision rather than a worse decision, there are a lot of other good jobs that pay a lot more, so please don’t do it.
And you say, “Oh, because we become so important.” That lasts about a year. President Bill Clinton, I think, was talking about himself. I heard him say at some point to a judge, “You better like the job. The applause dies away after a year or so, and then you’re left with the job. So you’d better like it.”And the enemy there in the court? It’s easy to say. It’s one word: ego. That’s the enemy in human life. And you never get rid of it, but you try.
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