Judge Neil Gorsuch’s opening statement in his Supreme Court confirmation hearings was a lovely ode to his family, upbringing, and the judges and lawyers who mentored him throughout his career.
Two passages in the 16-minute speech jumped out at me:
As a lawyer working for many years in the trial court trenches, I saw judges and juries — while human and imperfect — trying hard every day to decide fairly the cases I presented. As a judge now for more than a decade, I have watched my colleagues spend long days worrying over cases. Sometimes the answers we reach aren’t ones we would personally prefer. Sometimes the answers follow us home and keep us up at night. But the answers we reach are always the ones we believe the law requires. For all its imperfections, the rule of law in this nation truly is a wonder — and it is no wonder that it is the envy of the world. Once in a while, of course, we judges do disagree. But our disagreements are never about politics — only the law’s demands.
Of course, I make my share of mistakes. As my daughters never tire of reminding me, putting on a robe doesn’t make me any smarter. I’ll never forget my first day on the job. Carrying a pile of papers up steps to the bench, I tripped on my robe and everything just about went flying. But troublesome as it can be, the robe does mean something — and not just that I can hide coffee stains on my shirt. Putting on a robe reminds us that it’s time to lose our egos and open our minds. It serves, too, as a reminder of the modest station we judges are meant to occupy in a democracy. In other countries, judges wear scarlet, silk, and ermine. Here, we judges buy our own plain black robes. And I can report that the standard choir outfit at the local uniform supply store is a pretty good deal. Ours is a judiciary of honest black polyester.
I am not the only one to be struck by the phrase “honest black polyester,” but it certainly sits right with anyone who has worked with a judge day in and day out. The unrelenting human-ness of judges, struggling to get it right and self-constrained by their own respect for the law, characterizes American courts far more than the know-it-all lawgiver or the robed politician.
Full C-SPAN video of Judge Gorsuch’s statement is here.