| 00:00:00 | HERE AND I COME IN A LOT AND LEARN ABOUT A LOT FROM THEM. |
| 00:00:04 | >> HOW MANY LAW CLERKS TO YOU HAVE? |
| 00:00:07 | >> FOUR, AND TWO ARE UPSTAIRS. |
| 00:00:14 | >> THIS PHOTOGRAPH IS INTERESTING BECAUSE YOU ARE THE ONLY PERSON LEFT ON THE SUPREME COURT THAT SERVE WITH WARREN BURGER. |
| 00:00:20 | DOLLARS THAT IS CORRECT. |
| 00:00:24 | -- >> THAT IS CORRECT. |
| 00:00:26 | THAT WAS TAKEN THE DAY THAT JUSTICE O'CONNOR WAS SWORN IN, IF I AM NOT MISTAKEN. |
| 00:00:32 | IT WAS TAKEN IN THE CONFERENCE ROOM THAT DAY. |
| 00:00:35 | >> WHAT IS THE DIFFERENCE BETWEEN THE COURT THEN AN ACCORD NOW? |
| 00:00:39 | >> EIGHT DIFFERENT JUSTICES. |
| 00:00:43 | THE EIGHT THAT ARE IN THAT PICTURE HAVE ALL BEEN SUCCEEDED BY MY PRESENT COLLEAGUES. |
| 00:00:49 | >> IS THERE A DIFFERENCE IN THE WAKE OF THE COURT OPERATES TODAY? |
| 00:00:54 | IS THAT DETERMINED BY THE CHIEF JUSTICE? |
| 00:00:58 | >> IT IS PRETTY MUCH DETERMINED BY HOW IT HAS BEEN OPERATED OVER THE YEARS. |
| 00:01:04 | THERE IS MUCH MORE CONTINUITY IN THE WAY THAT WE DO OUR WORK THEN CHANGE. |
| 00:01:09 | THERE IS A NEED -- THERE IS A CHANGE WHEN THE NEW CHIEF JUSTICE PRESIDES OVER CONFERENCE. |
| 00:01:14 | EACH CHIEF JUSTICE HAS HIS OWN METHODS OF PRESIDING AT THE CONFERENCE. |
| 00:01:20 | THE PRESENT CHIEF JUSTICE IS DOING AN EXCELLENT JOB. |
| 00:01:24 | HE HAS SOME VIRTUES THAT THE OTHERS DID NOT HAVE, BUT THAT PRETTY MUCH FOLLOWS THE TRADITION THAT HAD BEEN FOLLOWED FOR MANY YEARS. |
| 00:01:34 | >> WE UNDERSTAND IF YOU DO ABOUT 80 CASES A YEAR. |
| 00:01:37 | BACK IN THOSE DAYS, WERE THERE MORE? |
| 00:01:41 | AND WHY, AND HOW MANY SHOULD THERE BE? |
| 00:01:44 | >> IT THE NUMBER THAT WE HANDLE NOW IS PROBABLY ABOUT RIGHT. |
| 00:01:48 | MAYBE WE SHOULD BE UP TO 100, BUT THERE WERE WELL OVER 150 WHEN I STARTED. |
| 00:01:54 | THAT WAS A VERY HEAVY WORKLOAD. |
| 00:01:59 | THERE WERE A NUMBER OF REASONS FOR THE CHANGE, ONE OF WHICH IT THAT WE NO LONGER HAVE MANDATORY JURISDICTION APPLIED BACK WITH CHIEF JUSTICE BERGER WAS HERE. |
| 00:02:11 | WE HAVE MORE CONTROL OVER OUR DOCKET THAN WE DID THE THEN. |
| 00:02:19 | I THINK WE DO A BETTER JOB NOW IN PICKING CASES, ALTHOUGH I THINK WE SHOULD TAKE 80 MORE THAN WE DO. |
| 00:02:26 | >> WHAT IS YOUR RELATIONSHIP WITH THE PEOPLE IN THIS ROOM? |
| 00:02:29 | HAVE YOU COUNTED THE NUMBER OF CLARKSON TO HAVE HAD? |
| 00:02:33 | >> SOMEBODY KNOWS, BUT I DO NOT. |
| 00:02:37 | THEY PLAY A VERY IMPORTANT ROLE IN TWO OR THREE DIFFERENT WAYS. |
| 00:02:44 | A REVIEW OF ALL CERT PETITIONS THAT COME IN. |
| 00:02:48 | THEY PUT THEIR MEMOS ON THOSE THAT THEY THINK I WOULD BE INTERESTED IN. |
| 00:02:54 | THEY ALSO WORK ON ALL THE OPINIONS THAT WE PRODUCE. |
| 00:03:00 | I USUALLY RIGHT OF FIRST DRAFT AND THEN THEY CONVERTED FROM THE DRAFT TO AN OPINION AND MAKE IT MUCH BETTER THAN I SPELLED IT OUT. |
| 00:04:02 | . >> HOW MANY HOURS A DAY, WHAT IS YOUR PATTERN ON A GIVEN DAY? |
| 00:04:06 | >> I AM AN EARLY MORNING PERSON, SO I DO QUITE A BIT OF WORK EARLY IN THE MORNING. |
| 00:04:14 | I HAVE FLEXIBILITY. |
| 00:04:16 | ON DAYS IN WHICH WE ARE NOT SITTING, I CAN WORK AT HOME. |
| 00:04:20 | WITH WHAT COMPUTERS DO FOR US, I CAN WORK AT HOME ON OPINIONS AND I CAN READ AT HOME, AND I SOMETIMES DO. |
| 00:04:29 | IT IS A TOTALLY OPTIONAL SCHEDULE. |
| 00:04:32 | >> WHERE IS THIS OFFICE LOCATED IN THE COURT ITSELF? |
| 00:04:36 | >> THIS IS DOWN THE NORTHWEST CORNER OF THE BUILDING. |
| 00:04:40 | >> HAVE ALWAYS BEEN IN THIS SPACE? |
| 00:04:43 | >> NO, I HAVE BEEN IN FOUR DIFFERENT CHAMBERS. |
| 00:04:46 | I STARTED JUST DOWN THE HALL ALWAYS IN CHAMBERS THAT ARE REFERRED TO AS THE RETIRED CHIEF JUSTICE IS CHAMBERS. |
| 00:04:55 | I WAS THERE FOR THREE OR FOUR YEARS AND THEN MOVED INTO CHAMBERS THAT JUSTICE O'CONNOR IS NOW OCCUPYING. |
| 00:05:08 | : CHAMBERS THAT JUSTICE SCALIA OCCUPIES NOW, WHICH HAD PREVIOUSLY BEEN OCCUPIED BY JUSTICE STUART. |
| 00:05:16 | I TOOK OVER WHEN HE RETIRED. |
| 00:05:19 | THERE HAVE ONLY BEEN THREE JUSTICES IN THOSE CHAMBERS WHEN I WAS THERE. |
| 00:05:27 | >> LET ME ASK YOU ABOUT THIS PORTRAIT OVER HERE ON THE WALL. |
| 00:05:32 | IT IS THAT GENTLEMAN? |
| 00:05:33 | >> THAT IS WILEY RUTLEDGE, A GREAT JUSTICE OF THE COURT IN THE 1947 TERM. |
| 00:05:43 | HE IS ONE OF MY HEROES. |
| 00:05:44 | >> WHO WAS HE? |
| 00:05:49 | >> HE WAS A JUSTICE HERE, AND BEFORE THAT HE HAD BEEN A JUSTICE ON THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. |
| 00:05:56 | BEFORE THAT HE WAS THE DEAN OF IOWA LAW SCHOOL, AND HE TAUGHT AT OTHER LAW SCHOOLS DURING HIS CAREER AS WELL. |
| 00:06:05 | >> WHAT YEAR DID YOU CLERK FOR HIM? |
| 00:06:09 | >> 1947 AND 1948. |
| 00:06:11 | >> WHAT DID YOU LEARN FROM THAT EXPERIENCE THAT YOU STILL HOLD ON TO TODAY? |
| 00:06:16 | >> I LEARNED AN AWFUL LOT, I HAVE TO TELL YOU. |
| 00:06:20 | IT TAKES THE TIME TO WRITE OUT YOUR OWN TRAP FOR OPINIONS -- YOUR OWN DRAFT FOR OPINIONS. |
| 00:06:29 | BE SURE YOU UNDERSTAND IT YOURSELF BEFORE YOU TURN IT OVER TO SOMEONE ELSE TO WORK ON. |
| 00:06:34 | EVERY CASE IS IMPORTANT, NOT JUST WHEN THERE IS A LOT OF MONEY INVOLVED. |
| 00:06:39 | EVERY CASE IS IMPORTANT TO THE PEOPLE WHO ARE INVOLVED IN IT. |
| 00:06:44 | >> THE FIRST DRAFT, IS THAT YOU NEED TO YOU? |
| 00:06:48 | >> I CANNOT SPEAK FOR MY COLLEAGUES. |
| 00:06:52 | ONE OF THE REASONS I DID THAT IS THAT JUSTICE RUTLEDGE USED TO RIDE THEM ALL OUT ON A YELLOW PAD. |
| 00:07:00 | NOW I TYPE ON COMPUTER. |
| 00:07:02 | HE WOULD WRITE OUT IN LONGHAND THE FIRST FULL DRAFT, AND THEN THE SECRETARY WOULD TYPE IT UP, AND USUALLY THAT WAS IT. |
| 00:07:13 | WE MIGHT SUPPLY SOME FOOTNOTES OR SUGGESTIONS, BUT HE DID THE WHOLE THING HIMSELF. |
| 00:07:19 | >> WHAT HAS BEEN YOUR PHILOSOPHY OF THE LENGTH OF AN OPINION THAT YOU WOULD WRITE, AND ALSO THAT DISSENT YOU WRITE SOME TIMES OF THE CURRENT OPINION? |
| 00:07:31 | >> THE LINK DEPENDS ON THE CASE. |
| 00:07:33 | I TRY TO KEEP THEM AS SHORT AS I CAN, BUT SOMETIMES IT TAKES MORE PAGES THAN PEOPLE THINK. |
| 00:07:42 | I USE FOOTNOTES OCCASIONALLY. |
| 00:07:45 | I THINK THERE SOME THINGS THAT SHOULD BE IN AN OPINION THAT PEOPLE MIGHT GAIN FROM HAVING THE OPPORTUNITY TO READ, BUT THEY DO NOT ALWAYS HAVE TO READ IN ORDER TO UNDERSTAND THE ARGUMENT AND OPINIONS. |
| 00:07:56 | I AM ONE OF THOSE OLD-TIMERS TO PUT FOOTNOTES, BUT SOME OF MY COLLEAGUES THINK YOU SHOULD NEVER USE FOOTNOTES. |
| 00:08:06 | >> WHY DO YOU THINK THEY FEEL THAT WAY? |
| 00:08:09 | >> THEY THINK IF IT IS IMPORTANT ENOUGH TO BE INCLUDED IN THE OPINION, IT SHOULD BE WORKED INTO THE TEXT. |
| 00:08:15 | IF IT DOES NOT BELONG IN THE TEXT, THEY SAY YOU SHOULD JUST LEAVE IT OUT. |
| 00:08:19 | >> HOW DOES AN OPINION CHANGE IN LENGTH FROM THE FIRST DRAFT THAT YOU WRITE TO THE TIME IT IS FINISHED? |
| 00:08:27 | >> SOMETIMES IT DOES NOT CHANGE VERY MUCH AT ALL. |
| 00:08:30 | SOMETIMES IT IS SHORTER AND SOMETIMES LONGER. |
| 00:08:33 | I THINK MORE OFTEN IT BECOMES A LITTLE LONGER. |
| 00:08:36 | I AM A FAN OF SHORTER OPINIONS IF IT IS POSSIBLE, BUT YOU CANNOT ALWAYS DO THAT. |
| 00:08:42 | >> OVER HERE ON A WALL IS A NUMBER 22 BASEBALL JERSEY. |
| 00:08:47 | WHAT IS THAT FROM? |
| 00:08:50 | >> THAT WAS A GIFT FROM MY LAW CLERKS A FEW YEARS AGO. |
| 00:08:55 | THEY KNOW I AM A CUBS FAN AND THEY ENCOURAGE MY CONTINUED INTEREST IN THE CUBS. |
| 00:09:01 | >> WHEN DID YOU THROW OUT THE FIRST MALL? |
| 00:09:04 | >> IT WAS ABOUT THREE YEARS AGO. |
| 00:09:07 | DO WE HAVE A PICTURE? |
| 00:09:09 | I THINK THREE YEARS AGO. |
| 00:09:11 | >> WHAT WAS THAT LIKE? |
| 00:09:12 | >> THAT WAS THE HIGHLIGHT OF MY CAREER. |
| 00:09:18 | [LAUGHTER] MOST OF MY GRANDCHILDREN AND THEIR. |
| 00:09:22 | I WAS A HERO THAT DAY. |
| 00:09:24 | THAT WAS MUCH MORE IMPORTANT THAN MY JOB. |
| 00:09:30 | I THREW IT HIGH AND WIDE. |
| 00:09:32 | I HAD TO PRACTICE FIRST. |
| 00:09:34 | >> MORE PICTURES OVER HERE ON YOUR WALL. |
| 00:09:38 | >> THE FIRST ONE IS A PICTURE AT GERALD FORD'S FUNERAL THAT HIS FAMILY GAVE ME. |
| 00:09:50 | THERE ARE A COUPLE OF LETTERS THAT HE WROTE TO ME THAT I AM VERY PROUD OF. |
| 00:09:55 | THIS PICTURE HERE WAS TAKEN AT THE SWEARING IN OF THE VICE PRESIDENT IN JANUARY. |
| 00:10:04 | THEN I HAVE A PICTURE OF MY COLLEAGUES FROM THE COURT OF APPEALS FROM THE SEVENTH CIRCUIT. |
| 00:10:18 | >> SO YOU CLERKED FOR WILEY RUTLEDGE AND YOU COME DOWN THE PICTURES TO THIS COURT RIGHT HERE. |
| 00:10:25 | >> I SERVED ON THAT COURT FROM 1970 TO 1975. |
| 00:10:30 | THIS IS THE COURT I JOINED, THE ONE AT THE BOTTOM. |
| 00:10:35 | >> WHERE IS THE SEVENTH CIRCUIT LOCATED? |
| 00:10:39 | >> WISCONSIN, ILLINOIS, AN INDIANA. |
| 00:10:46 | >> WHAT WAS YOUR LEARNING EXPERIENCE SITTING ON THE SEVENTH CIRCUIT? |
| 00:10:50 | >> I LEARNED A GREAT DEAL. |
| 00:10:51 | I LEARNED A LOT ABOUT FEDERAL LAW, OF COURSE. |
| 00:10:56 | I SERVED WITH SOME AWFULLY GOOD JUDGES. |
| 00:11:01 | TOM FAIRCHILD WAS THE CHIEF JUDGE FOR YEARS. |
| 00:11:07 | I LEARNED A LOT FROM HIM AND FROM OTHERS OF MY COLLEAGUES. |
| 00:11:09 | >> WHAT IS THE DIFFERENCE BETWEEN A CIRCUIT COURT OF APPEALS AND THE SUPREME COURT? |
| 00:11:13 | REX IN THE CIRCUIT COURT OF APPEALS, YOU ARE MORE BOUND BY PRECEDENT AND THE COURT OF APPEALS HERE. |
| 00:11:22 | IF THERE IS A DECISION OR EVEN A DICTUM IN OPINION, A QUOTA IS REQUIRED. |
| 00:11:29 | IN THIS COURT, THERE ARE MANY MORE OPEN QUESTIONS THAT HAVE NOT BEEN FINALLY RESOLVED. |
| 00:11:36 | YOU HAVE MORE OF A DUTY TO DECIDE THINGS FOR THE FIRST TIME THAT HAD NOT BEEN FACED BEFORE. |
| 00:11:45 | >> LET'S GO INTO YOUR MAIN OFFICE HERE. |
| 00:11:47 | YOU HAVE BEEN IN A LOT OF DIFFERENT OFFICES. |
| 00:11:52 | THIS THE ATMOSPHERE YOU ARE WORKING IN MATTER MUCH? |
| 00:11:56 | >> ACTUALLY, IT DOES NOT. |
| 00:11:58 | I ENJOY THE OFFICE AND I HAVE A WONDERFUL VIEW OF THE CAPITALOL FROM MY DESK, BUT THE MOST IMPORTANT PART OF THE DESK IS THE COMPUTER. |
| 00:12:11 | WHEREVER YOU ARE, I SPENT A LOT OF TIME READING. |
| 00:12:15 | >> BEHIND YOUR DESK OR A NUMBER OF PICTURES. |
| 00:12:18 | CAN YOU GIVE US A REVIEW? |
| 00:12:21 | >> MOST OF THEM ARE FAMILY, PRESIDENT FORD, JUSTICE RUTLEDGE, AND THAT IS MY WIFE, TAKEN A FEW YEARS AGO. |
| 00:12:36 | THOSE ARE MY PARENTS, MY THREE DAUGHTERS, AND MY WIFE IN THAT PICTURE. |
| 00:12:44 | >> GIVE US SOME BACKGROUND ON YOUR PARENTS. |
| 00:12:48 | >> THAT IS A LONG STORY. |
| 00:12:52 | THEY BOTH LIVED A LONG TIME. |
| 00:12:56 | PROBABLY THE MOST NOTABLE PART OF THEIR CAREER, MY DAD WAS RESPONSIBLE FOR BUILDING WHAT IS NOW THE CONRAD HILTON IN CHICAGO. |
| 00:13:08 | HE WAS IN THE HOTEL BUSINESS, AND ALSO HE WAS A LAWYER. |
| 00:13:13 | HE STUDIED AT NORTHWESTERN. |
| 00:13:22 | >> IT IS NOT THAT USUAL TO HAVE SOMEONE ON THE COURT FROM NORTHWESTERN. |
| 00:13:29 | >> JUSTICE GOLDBERG WAS FROM NORTHWESTERN. |
| 00:13:33 | OF COURSE, I WENT TO LAW SCHOOL AT NORTHWESTERN AND DID MY UNDERGRADUATE STUDIES AT THE UNIVERSITY OF CHICAGO. |
| 00:13:40 | >> IS THE REAL DIFFERENCE IN GOING TO EIGHT MIDWESTERN SCHOOL FROM JUSTICES THAT WENT TO STANFORD, YALE, AND HARVARD? |
| 00:13:50 | WRECKS EVERY SCHOOL HAS ITS VIRTUES AND ITS STRENGTHS. |
| 00:13:54 | "oNNORTHWESTERN HAD A FINE LAW SCHOOL, AND THERE ARE GOOD LAW SCHOOLS ALL OVER THE COUNTRY. |
| 00:14:01 | I LEARNED THAT IN HIRING A LAW CLERKS. |
| 00:14:04 | I HAVE HIRED LAW CLERKS TO MANY, MANY DIFFERENT SCHOOLS WHO HAVE DONE A MAGNIFICENT JOB EVEN THOUGH THERE WERE NOT IN THE IVY LEAGUE. |
| 00:14:12 | >> I READ THAT YOUR THE TOP STUDENT IN THE HISTORY OF THE NORTHWESTERN LAW SCHOOL. |
| 00:14:19 | >> I HAVE BEEN TOLD THAT WAS TRUE. |
| 00:14:23 | I DO NOT KNOW ABOUT THE RECORD SINCE THEN, BUT I WAS TOLD THAT. |
| 00:14:29 | >> WITH ALL YOUR EXPERIENCE, YOUR JOB AS A CLERK HERE, SERVICE IN THE SECOND -- SEVENTH CIRCUIT, AND A FATHER WHO WAS AN ATTORNEY, WHERE DID YOU GET YOUR PHILOSOPHY OF LAW. |
| 00:14:44 | >> IT IS THE CULMINATION OF MANY DIFFERENT THINGS THAT COMBINE TO GIVE YOUR REVIEWS OF WHAT THE LAW IS. |
| 00:14:53 | A LOT IS A RESULT OF YOUR READING AND YOUR OWN EXPERIENCES. |
| 00:14:59 | MY EXPERIENCES DURING WORLD WAR II HAVE SHAVED MY VIEW IN SOME CASES. |
| 00:15:05 | I WAS IN THE NAVY. |
| 00:15:08 | MY EXPERIENCE AS A PRACTICING LAWYER HAD AN IMPACT, AND MY EXPERIENCE ON THE SEVENTH CIRCUIT. |
| 00:15:16 | A LOT OF THINGS COMBINED TO AFFECT YOUR VIEW OF THE LAW. |
| 00:15:21 | >> WHEN YOU ARE SITTING ON THE BENCH LOOKING OUT AT THE COURT DURING AN ORAL ARGUMENT, WHAT DO YOU THINK OF? |
| 00:15:27 | WHAT DO YOU SEE THAT WE DO NOT SEE? |
| 00:15:30 | >> ONE THING I OFTEN REMEMBERED IS, THE FIRST TIME I ARGUED BEFORE THE COURT, I WAS REALLY SURPRISED AT HOW CLOSE I WAS TO THE JUSTICES. |
| 00:15:40 | I THINK TO MYSELF SOMETIMES, HE IS THINKING THE SAME THING. |
| 00:15:45 | HE DID NOT EXPECT TO BE QUITE AS CLOSE, QUITE AS INTIMATE AND EXPERIENCE AS IT IS. |
| 00:15:53 | YOUR HAVING A CONVERSATION WITH THE PEOPLE ON THE OTHER SIDE OF THE BENCH. |
| 00:15:57 | IT WAS A VERY INTERESTING EXPERIENCE. |
| 00:16:00 | >> YOU HAVE BEEN HERE LONG ENOUGH -- >> SINCE I HAVE BEEN A JUSTICE, IT HAS ALWAYS BEEN AT THIS ANGLE ON THE TWO SIDES. |
| 00:16:21 | WHEN I WAS OF A LAW CLERK, IT WAS A STRAIGHT BINGE. |
| 00:16:25 | >> WHAT ROOM DO YOU LIKE THE BEST? |
| 00:16:29 | >> HAVE NOT REALLY THOUGHT THAT THROUGH. |
| 00:16:31 | I SUPPOSE I ENJOY THE ORAL ARGUMENTS. |
| 00:16:38 | I ENJOY MY OWN OFFICE. |
| 00:16:41 | ONE OF THE MOST INTERESTING PLACES IN THE COURT IS THE SPIRAL STAIRCASE. |
| 00:16:46 | IT IS WELL WORTH SEEING. |
| 00:16:48 | BUT TO BE SPENT MUCH TIME STUDYING THE HISTORY OF THIS PLACE? |
| 00:16:53 | >> I HAVE PICKED UP A GOOD DEAL OF THE HISTORY, BUT I HAVE NOT MADE AN INDEPENDENT STUDY. |
| 00:17:09 | >> WHAT ARE THOSE BOOKS BEHIND YOU? |
| 00:17:11 | >> THOSE ARE THE U. |
| 00:17:20 | S. REPORTS. >> WHAT ARE U. |
| 00:17:25 | S. REPORTS? >> THEY ARE THE REPORTS OF THE DECISIONS BY THE COURT. |
| 00:17:31 | IT INCLUDES ALL THE MAJORITY OPINIONS AND ALL OF THE DISSENTING, SEPARATE OPINIONS. |
| 00:17:39 | >> WE HAVE READ FOR YEARS THAT YOU'VE FIGURED OUT A WAY TO SPEND PART OF YOUR TIME HERE AND PART OF YOUR TIME IN FLORIDA. |
| 00:17:45 | WHAT HAS BEEN YOUR PHILOSOPHY? |
| 00:17:47 | WHEN DID YOU START SPENDING A COUPLE OF WEEKS OR MONTHS IN FLORIDA AND DUE IN PART OF YOUR WORK DOWN THERE? |
| 00:17:53 | >> AT LEAST 25 YEARS. |
| 00:17:57 | PART OF THAT IS THE PRODUCT OF THE COMPUTER. |
| 00:18:04 | YOU CAN CONTINUE TO BE COMMUNICATING YEAR EVEN THOUGH YOUR WORKING THERE. |
| 00:18:08 | IT IS THE KIND OF JOB THEY DO NOT HAVE TO BE IN THE OFFICE TO PERFORM. |
| 00:18:13 | YOU CAN READ BRIEFS AND OTHER RESEARCH WITHOUT BEING IN THE OFFICE, AND EVEN WRITE OPINIONS WITHOUT BEING IN THE OFFICE. |
| 00:18:20 | I CAN DO JUST AS MUCH WORK IN FLORIDA AS I DO HERE, EXCEPT I DO NOT HEAR ANY ORAL ARGUMENTS. |
| 00:18:29 | SOMETIMES I READ BRIEFS SITTING ON THE BEACH, AND I CAN REMEMBER GETTING A KICK OUT OF THE FACT THAT I HAD THE BREES ON THE BENCH ONE DAY AND NIGHT SHOULD THE SAND OUT, MAKING MY NEIGHBOR'S A LITTLE JEALOUS. |
| 00:18:48 | >> WHEN YOU ARE AROUND WASHINGTON'S SUPREME COURT JUSTICES, SOMEBODY EVERYBODY KNOWS, AND I AM SURE YOU FIND YOURSELF IN A SUPERMARKET SAYING THERE IS JUSTICE STEVENS. |
| 00:18:58 | >> NEVER. |
| 00:19:02 | >> THE ONLY TIME I CAN REMEMBER BEING RECOGNIZED JUST NOT DOING THE SHOPPING OR SOMETHING WAS RENTING A VIDEO. |
| 00:19:17 | THE GUY WHO OWNED THE STORE RECOGNIZE ME. |
| 00:19:26 | APPARENTLY HE WAS BOTH A LAWYER AND AN ENTREPRENEUR, BUT I AM ALMOST NEVER RECOGNIZED. |
| 00:19:32 | I JUST DO THE SHOPPING AND SO FORTH AND NOBODY KNOWS WHO I AM. |
| 00:19:42 | >> WHAT IS THE CORRECT WAY TO PRONOUNCED CERTIORARI? |
| 00:19:47 | WHAT DOES IT MEAN? |
| 00:19:49 | IT IS A COMMON LAW RISK THAT HAS BECOME A STATUTORY RISK. |
| 00:19:55 | THE PARTY THAT LOST IN THE LOWER COURT FILES A PETITION FOR A WRIT OF CERTIORARI, WHICH IS A REQUEST FOR THIS COURT TO GRANT REVIEW OF THE CASE AND SET IT DOWN FOR ARGUMENT. |
| 00:20:13 | THE CASES WOULD GRANT COME OUT OF THAT NUMBER THAT ARE FILED. |
| 00:20:19 | >> HOW MANY JUSTICES PARTICIPATE IN THE CIRCLE, INDEED IN THE CERT POOL? |
| 00:20:28 | >> WHEN I JOINED, I THINK THERE WERE SIX JUSTICES IN IT. |
| 00:20:33 | HAVING BEEN A LAW CLERK YEARS EARLIER, I HAD SOME FAMILIARITY WITH THE CERT PROCESS, AND I THOUGHT I COULD HANDLE THE CASE IS MORE EFFICIENTLY MYSELF WITHOUT PARTICIPATING IN THESE MEMOS THEY ARE PREPARED FOR A GROUP OF JUSTICES. |
| 00:20:50 | SO THERE WERE SIX THEN, AND AFTER I JOINED, EVERY JUSTICE THAT JOIN THE COURT HAS JOINED THE CERT POOL SINCE THEN. |
| 00:21:02 | THERE HAVE BEEN A, WITH THE EXCEPTION OF LAST YEAR WHEN JUSTICE ALITO -- NOW THERE ARE SEVEN WHO SHARE THEIR LAW CLERKS AND SHARE THEIR MEMOS. |
| 00:21:16 | >> WHY DID YOU DECIDE NOT TO JOIN? |
| 00:21:18 | >> I THOUGHT I COULD HANDLE THE CASES MORE EFFICIENTLY INDEPENDENTLY THAN AS PART OF THE POOL. |
| 00:21:25 | THE MEMOS ARE VERY THOROUGH, BUT THEY ARE A LOT LONGER THAN I THOUGHT WAS NECESSARY TO MAKE A DECISION ON WHETHER TO GRANT OR DENY. |
| 00:21:39 | >> WHAT DID THAT DO TO YOUR PERSONAL WORKLOAD? |
| 00:21:43 | >> I THINK IT MAKES A LITTLE LESS, BUT THE CLERK GO THROUGH EVERY CERT PETITIONS HIMSELF AND DIVIDE THEM UP, BUT THEY DO NOT HAVE TO WRITE MEMORANDUMS IN EVERY CASE. |
| 00:22:00 | >> ONCE A PETITION IS EXPECTED HERE, AND HOW DOES THAT HAPPEN? |
| 00:22:05 | WHERE DOES IT HAPPEN? |
| 00:22:07 | >> ONCE A WEEK, EXCEPT WHEN WE RECESS, WE HAVE A CONFERENCE ON FRIDAY AND WE REVIEW ALL THE CERT PETITIONS THAT COME IN SINCE THE LAST CONFERENCE AND WE KNOW WHETHER TO GRANT OR DENY THEM. |
| 00:22:26 | IF FOR JUSTICE'S VOTE TO GRANT, THEN IT IS GRANTED. |
| 00:22:31 | WE DO IT IN THE CONFERENCE ROOM. |
| 00:22:35 | ALL THE JUSTICES ARE PRESENT AT THE CONFERENCE, AND NO ONE ELSE'S PRESENCE. |
| 00:22:42 | OUR DELIBERATIONS ARE ENTIRELY OFF THE RECORD. |
| 00:22:45 | >> WHAT IS THE COURTROOM LIKE? |
| 00:22:47 | REX IS A NICE BIG ROOM WITH THE BIG TABLE IN IT, NINE CHAIRS AROUND A TABLE, AND WHEN WE GET THROUGH WE SOMETIMES HAVE COFFEE CENT IN AND EAT A SWEET ROLL OR COOKIE OR SOMETHING. |
| 00:23:02 | >> HELD FORMAL IS THAT MEETING? |
| 00:23:06 | -- HOW FORMAL IS THAT MEETING? |
| 00:23:09 | >> IT IS IN FORMAL IN THAT EVERYONE IS CONGENIAL AND THERE IS A CERTAIN AMOUNT OF CONVERSATION, BUT MOST OF IT IS BUSINESS. |
| 00:23:17 | WE ARE FAIRLY RIGID IN OUR RULES THAT WE TAUGHT IN ORDER OF SENIORITY ABOUT THE CASE. |
| 00:23:24 | SOMETIMES AFTER WE HAVE DISCUSSED THE CASE, WE WILL TALK ABOUT IT A LITTLE FURTHER,. |
| 00:23:37 | >> YOU ARE SENIOR? |
| 00:23:40 | >> I AM SENIOR IN AGE AND YEARS OF SERVICE, BUT THE CHEAP JUSTICE -- THE CHIEF JUSTICE IS FIRST. |
| 00:23:49 | >> DID YOU EVER THINK YOU'D BE HERE 34 YEARS? |
| 00:23:51 | >> NO. |
| 00:23:55 | I HAVE A LAW CLERK NAMED STUART BAKER WHO WAS WITH ME MY SECOND OR THIRD YEAR HERE, AND I ASKED HIM TO PREPARE A MEMORANDUM FOR ME ON THE AGES OF RETURN OF ALL MY PREDECESSORS AND TO SUGGEST THE AGE OF SHOULD PLAN ON RETIRING. |
| 00:24:15 | SOMETIMES YOU ARE NOT THE BEST JUDGE OF WHEN HE SHOULD RETIRE. |
| 00:24:21 | I DID NOT FOLLOW HIS RECOMMENDATION. |
| 00:24:24 | >> WHEN DID HE SUGGEST? |
| 00:24:26 | >> I CANNOT REMEMBER EXACTLY WHEN IT WAS, BUT THE YEARS HAVE LONG GONE BY. |
| 00:24:31 | >> YOUR VERY CLOSE TO BEING THE LONGEST SERVING JUSTICE IN HISTORY, OR THE OLDEST JUSTICE IN HISTORY. |
| 00:24:38 | IS ANY THAT ENTER YOUR THINKING RIGHT NOW? |
| 00:24:41 | >> NO, I AM NOT OUT TO BREAK ANY RECORDS. |
| 00:24:45 | I JUST ENJOY THE WORK, AND EACH YEAR I HAVE THOUGHT ABOUT IT AND DECIDED I COULD CONTINUE TO ENJOY IT AND CONTINUE TO MAKE A CONTRIBUTION. |
| 00:24:56 | >> WHAT DO YOU DO AT AGE 89 TO STAY AS HEALTHY AS YOU ARE? |
| 00:25:00 | >> I PLAY A LOT OF TENNIS. |
| 00:25:02 | I DO NOT PLAY AS MUCH GOLF AS I USED TO. |
| 00:25:10 | IN FLORIDA, I GO SWIMMING EVERY DAY. |
| 00:25:17 | >> IS THAT PAINTING OVER THE MANTLE THERE OF ANY SIGNIFICANCE? |
| 00:25:21 | >> THAT IS QUEEN VICTORIA AS A YOUNG LADY. |
| 00:25:27 | APPARENTLY THAT IS A PORTRAIT THAT IS IN A NUMBER OF THE SCHOOLS IN ENGLAND. |
| 00:25:39 | >> RIGHT NOW THAT WINDOW IS THE CAPITOL? |
| 00:25:46 | >> THAT IS RIGHT. |
| 00:25:48 | >> PUT THE COURT IN PERSPECTIVE. |
| 00:25:55 | WHAT IS ITS ROLE? |
| 00:25:57 | >> IT IS AN INDEPENDENT BRANCH OF THE GOVERNMENT'S THAT HAS TO DECIDE CASES OF CONTROVERSY THAT RAISE A FEDERAL QUESTION. |
| 00:26:09 | >> DOES IT DO THE WAY YOU WANT TO DO IT? |
| 00:26:12 | AND SOMETIMES, SOMETIMES NOT. |
| 00:26:15 | IT HAS BEEN TRUE WHILE I HAVE BEEN HERE AND REALLY THROUGHOUT THE HISTORY OF THE COURT THAT THERE ARE CASES THAT ARE VERY DIFFICULT AND IN WHICH THERE IS A DIFFERENCE OF JUDGMENT BY THE DIFFERENT MEMBERS OF THE COURT. |
| 00:26:33 | SOMETIMES YOU THINK THE WORLD WOULD HAVE BEEN OFF -- THE WORLD WOULD HAVE BEEN BETTER OFF IT WAS DECIDED THE OTHER WAY. |
| 00:26:40 | NEXT IN YOUR 34 YEARS, ARE THEIR CASES THAT REALLY MATTERED MORE TO YOU AND OTHERS? |
| 00:26:46 | >> I AM SURE THERE ARE, BUT IF YOU ARE GOING TO ASK ME WHICH ONE IS THE MOST SIGNIFICANT, I AM GOING TO HAVE TO SAY THE ONES I AM WORKING ON CURRENTLY ARE ALWAYS THE MOST SIGNIFICANT. |
| 00:26:58 | THAT CHANGES FROM TIME TO TIME. |
| 00:27:00 | >> WHICH ONE HAD THE BIGGEST REACTION OR THE BIGGEST SENSATION OF THE COUNTRY? |
| 00:27:06 | YOU SIT HERE AND WRITE THESE OPINIONS AND THEY POP OUT AND ARE ALL OVER THE NEWS. |
| 00:27:11 | DO YOU PAY 80 ATTENTION TO THAT? |
| 00:27:13 | >> OF COURSE I READ THE PAPERS ABOUT OUR WORK AND THE WORK OF OTHER COURTS, BUT YOU HAVE TO LET OTHERS DECIDE WHICH ARE THE MOST SIGNIFICANT. |
| 00:27:24 | >> DO YOU PLAN WHEN YOU RETIRE THAT YOUR PAPERS EVENTUALLY WILL BE RELEASED TO THE PUBLIC? |
| 00:27:32 | >> I THINK I WILL SEND THEM OVER TO THE LIBRARY OF CONGRESS. |
| 00:27:36 | >> IN THE CASE OF JUSTICE MARSHALL, THEY WERE RELEASED PRETTY EARLY. |
| 00:27:43 | >> AND DID NOT REMEMBER THE EXACT DATE. |
| 00:27:49 | >> GOING BACK TO WILEY RUTLEDGE, WHO WAS THE JUSTICE TO SERVE AS CLARK. |
| 00:27:54 | WERE THERE OTHER JUSTICES IN HISTORY THAT MADE A DIFFERENCE TO YOU? |
| 00:28:02 | >> YES, BECAUSE OF THE QUALITY OF THEIR WORK. |
| 00:28:05 | THERE HAVE BEEN SOME REALLY GREAT JUSTICES ON THE COURT. |
| 00:28:12 | BRANDEIS AND CARGOS ARE THE ONES WE OFTEN MENTIONED, AND JUSTICE HOLMES WAS UNEXCEPTIONAL JUSTICE -- WAS AN EXCEPTIONAL JUSTICE. |
| 00:28:29 | >> IN YOUR OPINION, WHAT MAKES ADJUST THIS GREAT? |
| 00:28:33 | >> THE QUALITY OF HIS WORKS -- WHAT MAKES A JUSTICE GREAT? |
| 00:28:38 | >> THE QUALITY OF HIS WORK. |
| 00:28:42 | THE WORK PRODUCT THAT THEY PRODUCE. |
| 00:28:47 | >> WHAT IS QUALITY, IN YOUR OPINION? |
| 00:28:49 | WHAT MAKES GOOD WRITING? |
| 00:28:59 | >> I DON'T THINK I CAN GIVE A LESSON IN ENGLISH GRAMMAR AND ALL THE REST, BUT THEY HAVE TO BE ABLE TO WRITE CLEARLY, ACCURATELY, AND HONESTLY. |
| 00:29:14 | >> ON THE COURT AND THINGS WHEN YOU DISAGREE, WHAT IS YOUR OPTION IF YOU ARE SITTING IN A CONFERENCE IN A BOAT NOT YOUR WAY. |
| 00:29:23 | WHAT ROLE DOES YOUR DISSENTING OPINION PLAY IN THE LAW? |
| 00:29:29 | >> SOMETIMES IT BECOMES PERSUASIVE LATER ON, SOMETIMES IT DOES NOT. |
| 00:29:38 | AND THIS THINK IS PART OF THE JOB OF THE JUSTICE TO EXPLAIN HIS OR HER VOTE IN THE CASE. |
| 00:29:47 | AND DID THE PROCESS IS AN OPEN PROCESS IN THE SENSE THAT THIS IS ONE INSTITUTION THAT IS BRAIN -- EXPLAINS IN A PUBLIC WAY WHAT IT DECIDED WHAT IT DOES. |
| 00:30:04 | IT IS APPROPRIATE FOR THOSE WHO DISAGREE TO EXPLAIN WHY THEY THOUGHT THE OTHER SIDE HAD THE BETTER ARGUMENT. |
| 00:30:14 | >> WE RUN AN ARGUMENT A WEEK ON OUR RADIO STATION. |
| 00:30:18 | WHAT IS YOUR PHILOSOPHY OF PARTICIPATION DURING THE ACTUAL ORAL ARGUMENT? |
| 00:30:25 | >> MY PHILOSOPHY IS TO ASK QUESTIONS WHEN I THINK ANSWER IT MIGHT GIVE ME A LITTLE HELP IN DECIDING THE CASE. |
| 00:30:32 | I DO NOT VIEW THE PARTICIPATION OF A JUSTICE AS AN OPPORTUNITY FOR THE JUSTICE TO ADVOCATE ONE POINT OF VIEW. |
| 00:30:42 | I THINK RATHER THE QUESTION SHOULD BE DESIGNED TO HELP UNDERSTAND WHAT THE ARGUMENTS ON BOTH SIDES ARE, TO ENABLE THE JUSTICE TO REACH A DECISION OF HIS OR HER OWN VIEWS. |
| 00:30:58 | >> HOW OFTEN DO YOU CHANGE YOUR MIND ON A CASE AFTER THE ARGUMENT? |
| 00:31:02 | >> SOMETIMES. |
| 00:31:03 | I CANNOT TELL YOU THE NUMBER, BUT IT HAS HAPPENED WHEN I HAVE BEEN WRITING OPINIONS, FOR EXAMPLE. |
| 00:31:11 | THAT IS ONE REASON IT IS IMPORTANT FOR THE JUSTICE TO DO THE FIRST DRAFT. |
| 00:31:15 | WHEN YOU TRY TO WRITE SOMETHING OUT, HE SOMETIMES LEARN THINGS ABOUT THE CASE THAT SHE DID NOT FULLY APPRECIATE OR UNDERSTAND BEFORE. |
| 00:31:23 | THERE HAVE BEEN MORE THAN ONE CASE IN WHICH HAVE CHANGED MY VIEWS WHEN I WAS WRITING THE OPINION. |
| 00:31:32 | >> SO A YOUNG MAN OR WOMAN COMES IN TO YOUR OFFICE AND THEY ARE 17 YEARS OLD, AND THEY SAY THEY WANT TO BE A JUSTICE. |
| 00:31:41 | WHAT ADVICE DO GIVE THEM ALONG THE WAY, AND IS IT POSSIBLE THAT YOU COULD DECIDE AT A YOUNG AGE THAT YOU WANT TO BE A SUPREME COURT JUSTICE? |
| 00:31:52 | >> I CERTAINLY DID NOT DECIDE AT THE AGE OF 17, AND I CANNOT REMEMBER TALKING TO ANYONE AT AGE 17 WHO ASK ME FOR THAT ADVICE. |
| 00:32:04 | THE BASIC RULE IS TO STUDY HARD AND DO THE BEST JOB YOU CAN. |
| 00:32:15 | >> DO YOU THINK IN THE FUTURE, THIS IS A COURT THAT HAS EVERY MEMBER WITH THE HISTORY OF SERVING ON A CIRCUIT COURT. |
| 00:32:26 | THEY ARE ALL CIRCUIT COURT VETERANS. |
| 00:32:28 | IS THAT SOMETHING THAT WILL BE EXPECTED FROM NOW ON FOR JUSTICES? |
| 00:32:33 | >> THAT IS SOMETHING THAT FUTURE PRESIDENTS WILL HAVE TO DECIDE. |
| 00:32:36 | I THINK IT IS IMPORTANT FOR COURTS TO HAVE MEMBERS WITH DIFFERENT BACKGROUNDS. |
| 00:32:43 | A SOLID TELEVISION PROGRAM RECENTLY WERE SOMEONE SAID THERE SHOULD ALWAYS BE SOMEONE WHO HAD SERVED IN THE ARMED FORCES ON THE COURT. |
| 00:32:51 | THERE SHOULD ALWAYS BE SOMEONE WITH TECHNICAL EXPERIENCE IN LITIGATION, AND EXPERIENCES WITH OTHER BRANCHES OF THE GOVERNMENT SUCH AS THE LEGISLATURE WOULD BE VERY HELPFUL. |
| 00:33:05 | FOR EXAMPLE, JUSTICE O'CONNOR HAD EXPERIENCE WITH THE LEGISLATURE. |
| 00:33:11 | SHE MADE SIGNIFICANT CONTRIBUTIONS BECAUSE OF THAT EXPERIENCE. |
| 00:33:19 | IN MY CASE, THE EXPERIENCE I HAD AS A STAFF ATTORNEY AND THE LEGISLATIVE COMMITTEE TAUGHT ME A GREAT DEAL ABOUT LEGISLATION AND HOW IT AFFECTED MY WORK IN TRYING TO INTERPRET STATUTES. |
| 00:33:33 | DIFFERENT BACKGROUNDS IS A PLUS. |
| 00:33:36 | >> WHAT YEAR DID YOU SERVE ON THE JUDICIARY SUBCOMMITTEE? |
| 00:33:40 | >> THAT WAS IN 1951. |
| 00:33:42 | >> WHO WAS THE CHAIRMAN AT THE TIME? |
| 00:33:47 | >> HE WAS A DEMOCRAT FROM BROOKLYN. |
| 00:33:52 | CHAUNCEY REED WAS THE SENIOR MINORITY MEMBER. |
| 00:33:55 | HE WAS A REPUBLICAN FROM ILLINOIS. |
| 00:34:05 | >> WHAT ROLE DOES THE LEGISLATIVE HISTORY, NOT THE LAW, PLAY WHEN YOU COME TO A CASE? |
| 00:34:14 | >> I THINK IT IS ALL SIGNIFICANT. |
| 00:34:16 | OUR JOB IS TO FIGURE OUT WHAT CONGRESS INTENDED TO DO. |
| 00:34:21 | I CAN REMEMBER BEING ASKED BY MEMBERS OF THE COMMITTEE ABOUT TRICKY QUESTIONS THAT MIGHT BE PRESENTED AND EXPLAINED TO ONE CONGRESSMAN THE DIFFICULTIES I SAW. |
| 00:34:37 | HE ANSWERED, WE WILL LET THE JUDGES FIGURE THAT OUT. |
| 00:34:46 | CONDI -- CONGRESS EXPECTS THE BENCH TO FIGURE SOME THINGS OUT. |
| 00:35:02 | >> THANK YOU, JUSTICE. |
| 00:35:04 | >> MONDAY, THE SUPREME COURT'S TRADITIONS, AND A TOUR OF THIS BUILDING, INCLUDING PLACES ONLY AVAILABLE TO THE JUSTICES IN THEIR STEP. |
| 00:35:19 | SEPARATE COURT, HOME TO AMERICA'S HIGHEST COURT. |
| 00:35:24 | MONDAY AT 6 AND 8:00 P. |
| 00:35:33 | M. EASTERN ONLY ON C-SPAN. >> NEXT, A LOOK AT THE NEW BRITISH SUPREME COURT, THEN IT Q&A WITH AUTHOR TRACY KIDDER. |
| 00:35:40 | AFTER THAT, SUPREME COURT WE CONTINUES |
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