The morning of the Supreme Court field trip, I was downstairs and ready to go to school before my alarm even went off. While I waited for my mom to come down, I recited the stuff I was going to use to impress the tour guide. Boom, Article III! Pow, Marbury v. Madison! Zing, Roberts, Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor! That last one is tough to get out in one breath. “Wow, and you’re only in fifth grade! You must be at the top of your class”, the tour guide would say, just before she leaned in close and whispered, “We have something special for kids like you; do you want to see Earl Warren’s gavel?”
Mom dropped me off at school just before 8:00, and a few minutes later Mr. Whittaker was standing at the front of the bus giving us the obligatory preflight speech. “Stay in your seats guys, and don’t get too loud. We’ll be there in 90 minutes.” Less the instructions of the group leader than the pleas of a man locked in a steel box with 25 fifth-graders. He was a good teacher, though, and he’d always been nice about encouraging my interests. Sometimes after class, I’d steal a few minutes to ask him about the Court or a contentious case in the news.
At some schools habits like that would have turned recess into the Shawshank washroom for me, but my classmates didn’t mind. They fantasized about playing pro football, I fantasized about clerking for Alex Kozinski, and we didn’t bother each other about it. One advantage of going to a Quaker school, maybe.
The kid sitting next to me on the bus piped up halfway into the trip. “What do we do on this tour?” Good question, Farkus. This was my third time out, so there weren’t any mysteries. You meet the guide and the tour proceeds as follows: short speech on the Court’s history, 20-minute movie about the Court, one-hour tour of the building, three minutes to watch oral argument, gift shop.
Satisfied, Farkus put his headphones back in. I focused for a second to make sure that he hadn’t noticed my lie. In fairness, the tour I described was the one he and the rest of my class would be taking. But my tour was going to include … let’s call it a self-guided segment. Last time I’d done the official tour, the group had walked past a small second-floor gallery of historical artifacts. An original copy of the dissent from Dred Scott, justices’ robes, etc. I’d asked the tour guide if we could go in. “I’m sorry, the Artifacts Room is reserved for government employees, visiting dignitaries, and friends of the Court.”
So, buddy, I guess in the opinion of the Court, a ten-year-old doesn’t cut the mustard, huh? This time I was going to appoint myself dignitary for a day.
One hundred minutes after setting off from Baltimore, we pulled up to the front entrance of the Supreme Court building and got off the bus. Then we walked around to the back of the building, because the front entrance isn’t open to the public. Our tour guide met us just inside and took us to the auditorium where she’d do her song and dance and show us the movie.
She asked Farkus to move a couple chairs at the front of the room and help her set up. “What is this, the Lochner era Court?”, I quipped, just loud enough for her to hear. It had the desired effect; she gave me a warm, surprised laugh and then began her presentation for the class. It was very high-level and not that interesting, and she kept it short — all of which was fine by me, since when the lights dimmed for the movie, I’d already cleared my head and was poised to make my move.
The music swelled and James Earl Jones — how the hell did they get him for this rinky dink film? — boomed, “The judicial power of the United States, shall be vested in one Supreme Court…”. I was in the back, closest to the door, and waited to make sure everyone was sufficiently enraptured before I crept to the exit. Quickly and quietly, I got up, opened the door, slipped into the hallway, and sprinted to the nearest nook on that same side of the hall. Hiding there, pressed between the wall and the side of a water fountain, I heard the door I’d opened a few seconds before gently click shut, and I listened to see if anyone followed me out. Ten seconds, 15, 30 … nothing. Nice. I had 18 minutes to carry out the rest of the plan and get back to my seat before the end of the movie.
I’d planned my trip up to the Artifacts Room on the second floor as a reenactment of Mission: Impossible, but apparently, ten-year-olds are free to walk around the Supreme Court building unaccompanied. People assume you’re a justice’s grandkid and leave you alone, as long as you don’t look lost — avoid eye contact, without looking like you mean to.
As I walked down the second-floor hall on the way to the Artifacts Room, I passed the suite containing the justices’ chambers. The door to the suite was open, and from where I stood, I could see the corner of the receptionist’s desk. Nothing else, though, and no one came or went in the time I stood there. I waited a minute and moved on disappointedly — it wasn’t a good place to be caught loitering, and in any case, I was down to 15 minutes of movie.
The Artifacts Room was 50 yards away, and while I covered that distance, I looked up and down the hall to make sure no one else was headed to the room. No one was, and when I got to the room itself, I was relieved to find it also empty. Passing people in the hallway was one thing; explaining why, at 10:30 on a school day, I was perusing an exhibit alongside a group of ambassadors’ wives would have been something else entirely.
The room was small, maybe 20’ x 20’, and it was organized around the reproduction of the Constitution which sat — under bulletproof glass, for some reason — in the middle of the room. I walked the room’s perimeter, stopping at each one of the artifacts lining the walls.
After a few minutes, I came to William Howard Taft’s robe. It merited exhibition, presumably, because to cover the Chief Justice, it had been made from an army surplus tent. I leaned forward to read the information card, and as my head neared the display case, I froze. My eyes locked on an awful reflection in the glass — there was someone standing behind me.
I turned around to see Chief Justice John Roberts staring blankly at Taft’s robe. “Christ, what a porker”, he muttered. “The couch in my chambers still has a dent in it the shape of that guy’s ass.”
All I could manage was to breathe, “You’re Chief Justice Roberts.”
“Yeah, look, are you another one of Breyer’s grandkids? I don’t have anymore Butterfingers, alright? I’m all out.”
“No, sir, I’m just, well, uh —”
“Okay, then you know what, I don’t really care. Just stay off the furniture and everything’s copacetic.” He gestured to the artifact a few feet to his left and read its information card aloud. “Have you seen this quill? ‘With this quill, Chief Justice John Marshall wrote the majority opinion in Marbury v. Madison, thereby establishing the concept of judicial review.’ The first time I came in here with one of my clerks, we scratched that out and wrote, ‘With this quill, a nameless lackey took dictation for Chief Justice John Marshall.’”
We were soon walking around the room, stopping at some of the artifacts so the Chief Justice could suggest a replacement for the text on the information cards.
“Harry Blackmun’s reading glasses: ‘After 1973, Justice Blackmun took these off anytime he saw the word Roe.’”
“An original copy of the majority decision in Plessy v. Ferguson: ‘Let’s not talk about this one, okay?’”
“The Bible with which William Rehnquist was sworn in as Chief Justice: ‘We tried to get his sideburns instead, but they were tragically shaved off in 1979.’”
“The Harvard Law School transcript of Louis Brandeis, who graduated in 1877 with the highest grades in the school’s history: ‘In 1877, HLS was a storage room off the Harvard president’s library. When Brandeis makes law review and magna in the class of 1979, then we can talk.’”
Satisfied that he’d made the points he wanted to make, the Chief Justice said, “Listen, I’ve got to get back to my chambers for a meeting with some people. My secretary is out sick, so why don’t you make three cups of coffee and bring them in to us.”
He turned and walked out of the room without waiting for an answer. I had imagined the Chief Justice as the wise, accessible Jesus at a new age Christian ministry. The Jesus who solemnly delivers the inerrant word of God but sticks around for a Q&A afterwards. John Roberts was more like an angry Don Rickles playing a judge. More pertinently, though, he was already halfway down the hall.
I caught up with him at the doorway of the suite of justices’ chambers, just in time to hear him announce to the kid he assumed was behind him, “The coffee machine is down that hall, on the right. Let’s do one cup with five sugars and equal parts milk and coffee, and the other two cups black.”
I’d have asked which door led to his chambers, but by the time he finished speaking, I was watching him go through the door in question.
With that, lost in thought, I walked down the hall to the coffee machine and while turning into the kitchenette ran straight into the side of Antonin Scalia. He yelled, “God damn it, Breyer, again with the grandkids?”
Justice Scalia looked like a 240-pound baby. That was due partly to an outfit — undershirt, light dress pants, no shoes — which built on the solid foundation laid by the man’s round, fat face. If he didn’t look like a 240-pound baby, he looked like a taller Danny DeVito. I stared at him, stunned, and five seconds later Stephen Breyer poked his head into the room. “Nino, I already told you, my daughter is sorry ab—” He looked at me. “Who are you?”
“I’m getting coffee for Chief Justice Roberts.”
“What are you doing here, kid?”
“Um, I’m a kid, I’m on a field trip with my, uh, class, from Baltimore. I met, er, Chief Justice Roberts in the Artifacts Room. Um, Mr. Justice.”
“Did he go on about Taft’s fat ass?”
“Yes, sir. He talked about a bunch of the artifacts in the room, then he told me to make some coffee for his meeting.”
Justice Scalia had apparently become bored, because he decided to begin his own line of questioning. “What have you learned in school about the Supreme Court?”
To my left, I saw Justice Breyer straighten up. “We learned that it’s the court of last resort for the whole country, and that you have original jurisdiction on a few issues.”
“How do we make our judgments?” Justice Breyer inhaled sharply and slowly began rocking back and forth.
“You hear oral arguments from the parties to the case, and you read briefs. Then you use your interpretation of the law and the Constitution to make a decision.”
Scalia’s gaze narrowed and an unfriendly smile crept across his face. He leaned forward and asked, “And what did you learn about the Constitution?”
Breyer’s face was red, he’d stopped breathing, and he seemed unaware that he was audibly grinding his teeth. I answered Scalia, “Well, the Constitution is, um, our teacher said that, uh, the Constitution is the law that all the other laws have to follow.” He relaxed slightly and I continued, “A judge’s job is to interpret the Constitution, because it’s a living docu—”
Before I could finish the word, Justice Scalia had lifted me into the air by my collar, and his face was suddenly six inches from mine. At that distance, he spoke quietly, “Let me tell you something about the Constitution, kid. It’s dead. D-E-A-D. The framers froze it like Walt Disney’s head, and if you want to thaw it out, you’d better look up the clause on amendments. Is that straight?”
“As an arrow, Mr. Justice.”
He dropped me to the floor and left the room. Justice Breyer saw my eyes welling up and said, “Don’t take it too hard, kid. The first time he did that to me, I threw up on myself.”
“It’s just that I’ve read so much about him, and now he’s yelling at me.”
“It’s alright, he doesn’t mean it. Look, some of us are going for a quick game of three-on-three in a little bit. Why don’t you come by and we’ll sign some autographs for you.”
“Thank you”, I sniffled. “I just have to make coffee for Chief Justice Roberts’ meeting first.”
I was soon carrying a tray of coffees down an empty hallway to the meeting. There were maybe a dozen doors off this hall. I patted myself on the back for having been careful to note which door the Chief Justice slipped into when we first entered the suite. Fifth one on the left. I counted them off in my head as I walked. One, two, three, four, and there we go. I gave a soft knock and opened the door.
“Chief Justice Roberts, I hav—”
John Roberts wasn’t in his chambers. It wasn’t even his chambers. It was a walk-in janitor’s closet, and Justice Alito and Justice Kennedy were in it watching a YouTube video of a guy taking a line drive to the crotch.
“Oh, um, sorry, I was looking for the Chief Justice.”
Justice Alito sat silent, looking like the guy on a busted robbery crew who’d had a bad feeling about the job from the start — and Justice Kennedy answered like the guy who’d recruited him. “It’s two more doors down. And look, son, we’re supposed to be reading amicus briefs, so …”
“Got it, no problem.”
I closed the door and continued to John Roberts’ chambers, the muffled laughter of Alito and Kennedy fading as I got away from the closet. I knocked on the second door on the left past the closet and the Chief Justice called out, “Come in.”
“Here are your coffees, sir.”
“It’s about time, kid. The sugared one is for Justice Thomas. The other two are for me and Fuckface.” Justice Clarence Thomas and a pimply twentysomething clerk were sitting in the chairs in front of John Roberts’ desk.
“Thank you, Mr. Chief Justice”, said the clerk. It was clear he’d been crying just before I walked in.
I handed out the coffees, first to the Chief Justice and then to the others. “Here you are, Justice Thomas.” Thomas sat without moving, staring at the wall over the Chief Justice’s left shoulder. As I served the clerk, the meeting continued.
“Clarence, what’s the ETA on that dissent in Santangelo?”
Thomas didn’t say anything.
“How much are you going to focus on the Disestablishment Clause there?”
Thomas didn’t even blink.
“A lot, then?”
Still nothing.
“Yeah, I was considering writing my own dissent on that.”
Thomas stood up and left the room.
“Alright, glad we got that sorted out”, said Roberts. “If you wrote everything down, Fuckface, it looks like we’re done here.”
The clerk sniffled gently and nodded. He walked out of the room with me, and as we got down the hall a bit, he whispered, “He means well. It’s just that when he clerked for Rehnquist, this was how things were done, so he thinks it’s normal. During one of the war on terror cases, he tried to waterboard me.”
“Seriously?”
“Yeah. At the last second, Scalia walked in on us and knocked the jug out of his hand.” He paused. “What’s your situation, by the way? You’re not another one of Breyer’s grandkids, are you?”
“No, I’m, um, helping out for the day.”
“Ah, cool. Are you interested in this stuff?”
“Yeah, I love it.”
He smiled. “You want to see what it’s like to be a clerk?”
“Sure, that would be great.”
“Alright, I’m heading back to where the clerks hang out now. You can come check it out.”
He led me through a labyrinthine series of corridors whose ceilings gradually got lower and whose walls slowly shrunk together. We walked for what must have been miles. After half an hour, the hall wasn’t wide enough to accommodate two people abreast. I looked around and suddenly realized that the only lighting was a glow-in-the-dark strip along the baseboards. The walls were exposed brick and oozed a heavy sludge. There were scraps of paper shoved into the gaps between stones. They said things like “All is lost. Supplies running low. One of us must die to save the others. Please don’t forget me.” I accidentally brushed against the wall and knocked a loose brick back into it. The brick fell, and I heard silence for 15 seconds. Then a distant splash.
Finally, the hallway came to a dead end.
“Are we lost?” I asked.
“Nope, we’re there.”
“Where’s the door?”
“Step back for a second. And cover your face.”
The clerk bent over and heaved open a door in the floor. As soon as he’d cracked it, what must have been a thousand bats exploded out of the doorway and thundered down the hall, back the way we’d come.
“Alright, come in”, the clerk said.
We climbed down a ladder into — what on Earth — the wood-paneled private reading room of the Supreme Court Library. A few clerks sat in leather wingbacks reading casebooks, and the air was thick with pipe smoke. A lot of tweed, some bow ties. I looked behind me and the ladder was gone. On the ceiling was a fresco depicting the great lawgivers of antiquity.
“This is where we spend most of our time”, said my guide. “The job is mostly reading and writing, and we get pretty much all of that done in here. Hey, you want to see how we write Scalia’s dissents?”
He took me into a pantry off the reading room and showed me over to the fridge.
“We got two magnetic poetry sets. One for legal terms and one that’s just Italian cusses. You want to give it a shot? He needs a dissent for a Commerce Clause case by next Friday.”
“Sure!”
I took a few minutes to draft the best opinion I could and stepped back from the fridge to reveal my work.
The clerk looked impressed. “’Cazzata to the ruling of the majority. Claimant is advised to vaffanculo. Originalism.’ Not bad at all, kid. We might throw that in there.”
“Thank you, that would be so cool.”
“No problem. I wish more of the clerks were around so you could see a little more, but a bunch of them are upstairs playing basketball.”
“Oh, I forgot! Justice Breyer said I could go up and watch.”
“Well hurry up there and you should catch some of it. Just go up to the top floor. Use the elevator in the library. None of the others go to the gym.”
“Thanks, I’m going to run.”
I rode the elevator to the top floor, and when the doors opened, I was facing the doors to the basketball court. Just to their left, someone had placed a small sign: “The Highest Court in the Land”. I went in.
Justice Breyer was standing on the bench with a towel around his neck, subbed out of the game. It was, as he’d said, three-on-three. On one team, three young clerks. And on the other, Ruth Bader Ginsburg, Sonia Sotomayor, and the 89-year-old John Paul Stevens. The score was 42–1, justices. One of the spectators explained to me that the clerk team’s single point had been scored on the free throw they got after Justice Stevens punched their point guard in the gut.
My surprise at that faded as I saw the kind of basketball they were playing. The clerks were dog-tired, shuffling their feet and losing the ball in the backcourt. The justices were dribbling between their legs and bouncing the ball off the defenders’ heads — I even saw a near-dunk from Sotomayor. At one point, a clerk on offense caught a lucky break when he crossed Stevens up. He drove toward the basket and got off a clean jump shot, only to have the five-foot Ginsburg soar in from nowhere and slam the ball back down into his face. She bellowed, “Cert. denied, bitch!” The clerk jogged up the court, pressing his shirt to his bloody nose.
The game continued for another 15 minutes before an injury brought it to an early close. After Sotomayor had scored her second three-pointer of the game, she’d heard one of the clerks mutter, “Not bad, for the new kid.” She got in his face.
“You want to say that to my face, Air Bud?” she said.
“Nah, hotshot. I’m just saying, for a wise Latina woman, you’re doing alright”, he answered, and then shoved her. She shoved him back, and it escalated into a full-blown fist fight. Everyone else stood around impassively. I looked over at Justice Breyer, wondering why no one was intervening.
“It’s okay. One time and he’ll learn”, Breyer said.
A few minutes later, Sotomayor was ready to play again, and the clerk was on his way to the George Washington ER for treatment of a ruptured spleen. The game was called off and the justices declared the winners.
Breyer called me over to where he and the other three justices were huddled afterwards. “Alright, kid, let’s do those autographs now. Got any paper?”
My heart sunk as I realized I didn’t. “No, I’m so dumb, I forgot to get some from downstairs.”
“That’s okay, how about this. Lift up your sleeve.”
I rolled my sleeve up to my shoulder, and Justice Breyer produced a marker from his pocket. In turn, he, Stevens, Ginsburg, and Sotomayor signed me.
“There you go, kid. We’ve got to get back downstairs, so this is end of the line for you. Why don’t you get back down to your class, they’re probably missing you.”
F-word. My class. Mr. Whittaker had probably called the police. My mom was probably racing down to Washington, thinking she had to get there before a search boat pulled my body out of the Potomac. I had to go now.
“Thank you so much! This has been great. Bye!” I yelled, and I took off down the hall. Into the elevator, down to the library. I sprinted past the clerks’ room, into the building’s main hall, down the grand staircase all the way to the ground floor, out the door, and boom — into Farkus, at the back of the line of my classmates shuffling onto the bus.
“Hey, watch it!” he yelled.
“Sorry, I tripped.”
“Yeah, well don’t. And just so you know, this trip was way worse than you said it was going to be. The most boring one eeevvvver.”
Mr. Whittaker was standing at the bus door, moving the line forward. As it came to Farkus and then me, Mr. Whittaker fell in behind. “Alright everyone, find a seat and let’s hit the road.”
He leaned in to me and said, “Sorry, I know you’ve been on this tour before. I hope you still got something out of it this time.”
I smiled and nodded.