Washington DC- After walking East Capitol Street on an unseasonably warm November morning, I arrived at the line to the halls of justice, the highest court in the land, the Supreme Court. Attending an oral argument was my goal, but it took some time for me to get the courage to talk to one of the police officers and discover that I needed a ticket to wait in line. The ticket was numbered 87, but I had the impression that lines were known to stretch far longer and that I would manage to get in to meet my goal on this Monday morning.
My interest in the Supreme Court was governmental tourism. History gets made, policy gets interpreted a few blocks from my home and most days I don't even remember to wave as I ride by. With time on my side this week, I could go hear an oral argument. I had no idea what I was getting in to. The Internet was informative, but didn't really give me much context. Fortunately, a gentleman in line provided several of us the story that we needed. The case was First American Financial vs. Edwards. According to the helpful line lawyer the case was about legal standing. On the surface it was a case of a woman upset that the insurance she had purchased related to her real estate purchase had been through a company that received funding/a cut/a kickback from the real estate company that recommended the insurance. Although she seemed to have no complaint about the insurance or even the price, this "kickback" was the basis of the case and the justices were particularly focused on injury "in fact" versus injury "in law". I'm not a lawyer and can't pretend to be one, but without this context I think I would have been completely dumbfounded by the proceedings.
Getting into the court required a series of checks along with the shedding of most carried personal belongings. There was a mixture of fascination and confusion as we entered the courtroom. Large columns and red velvet curtains provided the back drop for the nine justices. I immediately recognized Justice Thomas and was soon able to determine the identities of Chief Justice Roberts, Justice Sotomayor, and Justice Ginsburg. If pressed I would have been able to pick out Justice Scalia as well, but beyond that I was drawing blanks.
During the first argument I was enthralled by body language. Thomas looked like he wanted to be anywhere else on this Monday morning. I guess even the Supreme Court is a job. Breyer (I'd discover later) tended to lean back in his chair staring upward deep in thought. A light placed far above him seemed to shine down on his balding head and glow. That sounds disrespectful, but once the justices questions started coming, it was awe-inspiring. They were clearly brilliant individuals. Their questions were often in plain language, but insightful and referential. They made the crowd laugh in several instances; Scalia in particular toward the end as the counsel had said something like "There are two sides to this issue" and Justice Scalia had said "Yours and theirs."
After the first argument, I thought for sure the court would side with Edwards, but they probed the opposing counsel with equal interest and skepticism. I've never wanted to be a lawyer, and watching the lawyers sway and dodge and try to answer the justices questions didn't change my mind, but I have to admit to being extremely impressed, sometimes even awed at the proceedings. I just found a new respect for the judicial branch of government.
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