The Court

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Authors: William J. Coughlin
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‘ass’ at Harvard. Columbia people do it, and obviously Yale, but never Harvard. Unless, of course, we are speaking about the animal so named.”
    â€œLook.…”
    Floyd Grant grinned and held up his hands in surrender. “All right, Ben. If you insist, I’ll almost come to the point. What’s the word on your justice?”
    Alexander instinctively became defensive. “I only know what you already know. He’s had a stroke. He’s still in a coma. The doctors, at least according to his wife, aren’t able to predict what may happen. He could recover completely, he could be a cripple, or he could die. They just don’t know at this time.”
    â€œThe Chief went to see him in the hospital,” Grant said. “The Chief reports he looks fine, has good color, and regular breathing, just as if he were sleeping. Only he can’t wake up.”
    Alexander nodded. He too had seen his boss, and the description was accurate.
    â€œHe may never come back to the Court,” Grant said.
    â€œThat’s a possibility.”
    Floyd Grant had lost all hint of playfulness. He had become very businesslike. “And if he does come back, he may be severely impaired.”
    â€œThat’s another possibility.”
    â€œBen, the newest lady member of this Court is complaining that she doesn’t have enough staff to handle her work.”
    â€œSo?”
    â€œShe’s putting a lot of pressure on the Chief to have Justice Howell’s staff, or at least part of it, assigned to her.” Grant took out a pipe. “Mind?”
    Alexander shook his head.
    Grant lit the pipe, sending up clouds of gray smoke. “They say she’s very tough to work for.”
    â€œI’ve heard that.”
    â€œThe Chief doesn’t like to bow to pressure, but she does have an argument, seeing as how your boss is out of commission.”
    Ben Alexander sensed an invisible cord tightening about him. The woman justice was the terror of the Court. Her clerks were treated badly, overworked, and humiliated. She was following in the footsteps of several distinguished previous justices who had established historic reputations as petty tyrants. He did not want to be assigned to her.
    â€œOf course,” Grant continued, “the Chief pointed out that Justice Howell’s work continued even if he wasn’t physically present. But you know women, Ben, logic seldom works. At least it doesn’t on this woman.”
    â€œSo I’m to be assigned to her?”
    Grant puffed on his pipe. “Well, you are Howell’s leading clerk. Of course, there are others. I’ll tell you what’s in the Chief’s mind, then you can see our quandary.”
    Alexander knew it was the Chief Justice talking. Grant was only a conduit. The Chief Justice of the United States would never sink so low as to bargain with a mere law clerk. He used other means, quite as effective, if not as direct. And the Chief Justice knew very well when to use the stick and when to use the carrot. Assignment to the woman justice was the stick. Ben Alexander sat back and waited for the carrot.
    â€œAs you well know, there are some very hot cases coming up this next term. The Chief has taken an informal poll. He can be very effective, in his own way. The Court will be evenly divided on most of the important issues. If your boss were here he would constitute the swing vote again.”
    â€œHe has that reputation,” Alexander said, carefully choosing his words.
    â€œYes. Well, if he isn’t able to make it back, the lower court decisions will stand. That is, of course, unless someone changes his or her vote. But that isn’t likely. The Chief is hoping your boss will be able to make it back, at least physically.”
    â€œPhysically?”
    â€œStrokes are funny things, Ben. The effects can’t be predicted. Remember, Justice Douglas spent many of his last days here in a wheelchair.

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