The Short Game
Matt Yglesias shares this, about what we should look for in the next Supreme Court Justice:
I was speaking to some progressive lawyers with experience in the relevant fields, and they emphasized to me that the key aspect in this regard isn’t exactly “persuasion” since federal judges are usually strong-minded and strong-willed people. It’s mastering a certain brand of legal craftsmanship where you can put together a written opinion that people who don’t necessarily share your overarching philosophy can sign on to. On a divided Supreme Court, that kind of skill is very important.
The other week I made a similar point about how the Justices probably don’t really persuade each other all that much. The relevant skill is more like accommodation than persuasion. Fine-grained argumentative craftsmanship is the key. And my bet is that anyone in serious consideration will have that trait, or will learn it right quick. Because if she doesn’t, she won’t get the other Justices to sign on to her opinions, and her opinions will not become the Opinions of the Court.
But that’s just the “short game.” There’s a long game on the Court, too, and I still think persuasiveness and cogency are important for reasons that go beyond the Court itself.
Comments
Leave a Reply
About Me
- I write this blog.
-
My twitter feed:
