The Simple Truth

Fiske looked puzzled. I would have thought youd know everything about the other justices by talking to the clerks.

The clerks for one justice tend to stick together to a certain degree, although every Thursday afternoon theres a happy hour when we all get together. And periodically the clerks of one justice take another justice out to lunch just as a get-to-know-you sort of thing. Otherwise, each chamber is pretty self-contained she paused except for the famed clerk opinion network.

Mike mentioned something like that to me after he first came to the Court.

Sara smiled. Im sure he did. The clerks are the mouthpieces for their justices. We send up trial balloons all the time, feeling each other out on a justices position. For example, Michael used to ask me what Knight needed in a majority opinion to join Murphy.

But if Murphy is already writing the majority opinion, why does he need to court other votes?

You really are in the dark about how we work.

Just a simple country lawyer.

Okay, Mr. Simple Country Lawyer, the fact is if I had ten bucks for every time a majority opinion turned into a dissent because enough support wasnt garnered for it, Id be wealthy. The trick is you have to craft an opinion thatll get five votes. And of course the opposition doesnt just sit idly by. One or more dissenting opinions might be circulated simultaneously. The use of dissenting opinions, or even the threat of them, is a fine art.

Fiske looked at her curiously. I thought the dissenters were on the losing side. What kind of leverage could they have?

Lets say a justice doesnt like how a majority opinion is shaping up, so the justice either circulates a draft of a scathing dissent that may make the whole court look bad if its published or that even undercuts the majoritys opinion. Or better yet, and easier, the justice will let it be known that he intends to write such a dissent, unless the majority opinion is scaled back. They all do it. Ramsey, Knight, Murphy. They go at it tooth and nail.

Fiske shook his head. Like one long political campaign, always scrounging for votes. The legal version of porkbellies. Give me this and you got my vote.

And knowing when to pick your battles. Lets say one or more justices doesnt like how a case was decided five years ago. Now, the Court doesnt lightly overturn its own precedent, so you have to think strategically. Those justices might use a case in the present to start laying the building blocks for overturning the precedent they didnt like years from now. That also goes for case selection. The justices are always on the outlook for just the right case to use as a vehicle to change a precedent they dont like. Its like a chess game.

Lets hope one thing doesnt get lost in all the game playing.

Whats that?

Justice. Maybe thats what Rufus Harms wants. Why he filed his appeal. You think he can get justice here?

Sara looked down. I dont know. The fact is the individual parties involved in the cases at this level really arent all that important. The precedents established through their cases, thats what counts. It all depends on what hes asking for. How it will impact others.

Well, that really sucks. Fiske shook his head and gave her a penetrating look. A damn interesting place, this Supreme Court.

So youll come to the party?

Wouldnt miss it.

["C41"]CHAPTER FORTY-ONE

Josh Harms assumed the police would now be covering the back roads, so he had taken the unusual tactic of driving on the interstate. It was dusk, though, and with the windows rolled up, they were okay; a police cruiser would have a tough time seeing inside. But despite all his precautions, he knew they were steering toward disaster. Fu

Rufus, he called back through the open window co

Rufuss face appeared at the window. What is it?

Stay low! Stay low! Josh cautioned. He again eyed the police cruiser, which was a fixture in the trucks side mirror. Troopers passed us twice and then dropped back.

You speeding?

Five clicks under.

Something wrong with the truck, taillight out?

I aint that dumb. Trucks fine.

So what, then?

Look, Rufus, just because youve been in prison all these years doesnt mean the worlds changed any. Im a black man in a real nice-looking vehicle on the highway at night. Cops think I either stole it or Im ru

What we go

Josh didnt take his eyes off the mirror even as he slipped his gun under the seat. Yep, any second now hes go

Fight it, his ex-wife Louise had always said.

Fight what? he had retorted. Might as well be fighting God for all the good itll do me.

As the footsteps stopped, Josh looked out the window. The state trooper stared back at him. Josh noted that he was Hispanic.

Whats the matter, sir? the trooper asked. The chew bulging against his cheek with each syllable, Josh said, Wanta git me on Luzzana. He pointed down the road. Dis aight?

The puzzled trooper crossed his arms. Now where do you want to go again?

Luzzana. Bat Rouge.

Baton Rouge, Louisiana? The trooper laughed. Youre a long way from there.