The Pelican Brief

At issue was the rights of spouses of gays. Dumond had become a battle cry for gay activists. The mere mention of Dumond had caused street fights.

And Jensen had the case. The door to his smaller office was closed. Jensen and his three clerks sat around the conference table. They had spent two hours on Dumond, and gone nowhere. They were tired of arguing. One clerk, a liberal from Cornell, wanted a broad pronouncement granting sweeping rights to gay partners. Jensen wanted this too, but was not ready to admit it. The other two clerks were skeptical. They knew, as did Jensen, that a majority of five would be impossible.

Talk turned to other matters.

“The Chief’s ticked off at you, Gle

Gle

“One of his clerks wanted me to know that the Chief and the FBI are worried about your safety. Says you’re not cooperating, and the Chief’s rather disturbed. He wanted me to pass it along.” Everything was passed along through the clerks’ network. Everything.

“He’s supposed to be worried. That’s his job.”

“He wants to assign two more Fibbies as bodyguards, and they want access to your apartment. And the FBI wants to drive you to and from work. And they want to restrict your travel.”

“I’ve already heard this.”

“Yeah, we know. But the Chief’s clerk said the Chief wants us to prevail upon you to cooperate with the FBI so that they can save your life.”

“I see.”

“And so we’re just prevailing upon you.”

“Thanks. Go back to the network and tell the Chief’s clerk that you not only prevailed upon me but you raised all sorts of hell with me and that I appreciated all of your prevailing and hell-raising, but it went in one ear and out the other. Tell them Gle

“Sure, Gle

“Not in the least.”

Homas Callahan was one of Tulane’s more popular professors, primarily because he refused to schedule classes before 11 A.M. He drank a lot, as did most of his students, and for him the first few hours of each morning were needed for sleep, then resuscitation. Nine and ten o’clock classes were abominations. He was also popular because he was wearing coolfaded jeans, tweed jackets with well-worn elbow patches, no socks, no ties. The liberal-chic-academic look. He was forty-five, but with dark hair and horn-rimmed glasses he could pass for thirty-five, not that he gave a damn how old he looked. He shaved once a week, when it started itching; and when the weather was cool, which was seldom in New Orleans, he would grow a beard. He had a history of closeness with female students.

He was also popular because he taught constitutional law, a most unpopular course but a required one. Due to his sheer brilliance and coolness he actually made con law interesting. No one else at Tulane could do this. No one wanted to, really, so the students fought to sit in con law under Callahan at eleven, three mornings a week.

Eighty of them sat behind six elevated rows and whispered as Callahan stood in front of his desk and cleaned his glasses. It was exactly five after eleven, still too early, he thought.

“Who understands Rosenberg’s dissent in Nash v. New Jersey?” All heads lowered and the room was silent. Must be a bad hangover. His eyes were red. When he started with Rosenberg it usually meant a rough lecture. No one volunteered. Nash? Callahan looked slowly, methodically around the room, and waited. Dead silence.

The doorknob clicked loudly and broke the tension. The door opened quickly and an attractive young female in tight washed jeans and a cotton sweater slid elegantly through it and sort of glided along the wall to the third row, where she deftly maneuvered between the crowded seats until she came to hers and sat down. The guys on the fourth row watched in admiration. The guys on the fifth row strained for a peek. For two brutal years now, one of the few pleasures of law school had been to watch as she graced the halls and rooms with her long legs and baggy sweaters. There was a fabulous body in there somewhere, they could tell. But she was not one to flaunt it. She was just one of the gang, and adhered to the law school dress code of jeans and fla

She flashed a quick smile at the guy seated next to her, and for a second Callahan and his Nash question were forgotten. Her dark red hair fell just to the shoulders. She was that perfect little cheerleader with the perfect teeth and perfect hair that every boy fell in love with at least twice in high school. And maybe at least once in law school.

Callahan was ignoring this entry. Had she been a first-year student, and afraid of him, he might have ripped into her and screamed a few times. “You’re never late for court!” was the old standby law professors had beaten to death.

But Callahan was not in a screaming mood, and Darby Shaw was not afraid of him, and for a split second he wondered if anyone knew he was sleeping with her. Probably not. She had insisted on absolute secrecy.

“Has anyone read Rosenberg’s dissent in Nash v. New Jersey?” Suddenly, he had the spotlight again, and there was dead silence. A raised hand could mean constant grilling for the next thirty minutes. No volunteers. The smokers on the back row fired up their cigarettes. Most of the eighty scribbled aimlessly on legal pads. All heads were bowed. It would be too obvious and risky to flip through the casebook and find Nash—too late for that. Any movement might attract attention. Someone was about to be nailed.

Nash was not in the casebook. It was one of a dozen minor cases Callahan had hurriedly mentioned a week ago, and now he was anxious to see if anyone had read it. He was famous for this. His final exam covered twelve hundred cases, a thousand of which were not in the casebook. The exam was a nightmare, but he was really a sweetheart, a soft grader, and it was a rare dumbass who flunked the course.

He did not appear to be a sweetheart at this moment. He looked around the room. Time for a victim. “How about it, Mr. Sallinger? Can you explain Rosenberg’s dissent?”

Instantly from the fourth row, Sallinger said: “No, sir.”

“I see. Might that be because you haven’t read Rosenberg’s dissent?”

“It might. Yes, sir.”

Callahan glared at him. The red eyes made the arrogant scowl all the more menacing. Only Sallinger saw it though—since everyone else was glued to their legal pads. “And why not?”

“Because I try not to read dissents. Especially Rosenberg’s.”

Stupid. Stupid. Stupid. Sallinger had opted to fight back, but he had no ammo.

“Something against Rosenberg, Mr. Sallinger?”

Callahan revered Rosenberg. Worshiped him. Read books about the man and his opinions. Studied him. Even dined with him once.

Sallinger fidgeted nervously. “Oh no, sir. I just don’t like dissents.”

There was a bit of humor in Sallinger’s responses, but not a smile was cracked. Later, over a beer, he and his buddies would roar with laughter when it was told and retold about Sallinger and his distaste for dissents, especially Rosenberg’s. But not now.

“I see. Do you read majority opinions?”

Hesitation. Sallinger’s feeble attempt at sparring was about to cause humiliation. “Yes, sir. Lots of them.”

“Great. Explain, then, if you will, the majority opinion in Nash v. New Jersey.”

Sallinger had never heard of Nash, but he would now remember it for the rest of his legal career. “I don’t think I’ve read that one.”

“So you don’t read dissents, Mr. Sallinger, and now we learn that you also neglect majorities. What do you read, Mr. Sallinger, romance novels, tabloids?”