The Death of a Supreme Court Justice

I have to say that when I read that Justice Antonin Scalia passed away I found myself with a lump in my throat. Supreme Court decisions affect everything that I do as a lawyer. That is not an exaggeration, everything from interest rates for chapter 13 debtors to the jurisdiciton of bankruptcy courts have been reviewed and decided by the United States Supreme Court. I did not have any particular love or hate for Justice Scalia but his death got me thinking immediately about who would be his replacement.

I have no desire to go through all of the ups and downs of the politics of Washington DC. I dislike the notion that things have become so polarized that before a replacement has been suggested there is a 'no' coming from one party or the other. To say 'we are not going to consider anyone' before a name is even put on the table is just so childish. In the end all that I hope is that we wind up with a new supreme court justice that is thoughtful in their review of cases, respectful of the position that they hold, and mindful of the fact that our legal system has never been perfect.

Someone once said that 'labels are for soup cans' and the whole notion of branding supreme court justices with labels is odd. Perhaps the most notable supreme court justice of all time is Earl Warren. Justice Warren was appointed by the conservative Dwight D Eisenhower but proved to be a justice willing to work compromise and make difficult decisions. Can't we find a justice like Earl Warren? Someone who looks at the case as it is presented? Someone who doesn't need to view a case with a particular set of ideological goggles? A middle voice? I hope we can...but time will tell.