"The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth."
Supreme Court Justice (ret) Anthony Kennedy
The First Monday in October.
"Jim," you might be asking. Or, "Sarge" if you are still uncomfortable using my first name...or, maybe you don't know it. Anyway, you might be wondering why the words are capitalized.
It's because this is a formal day of celebration. Not a national holiday - of course not. It's the opening session of the Supreme Court of the United States. The first day of the 2023 Term. Law porn season.
What, you ask, will they do beside infuriate us with their ideological games, their high-minded yet nonsensical interpretation of a document written and agreed to by people dead for nearly two hundred years? How many opinions will contain a "But, wait..." construct more fitting for poor, demised Billy May selling soap? Will we actually see fisticuffs break out (my money is on Gorsuch)?
It is almost always nail-biting, hair-raising edge of the seat stuff. They may decide a case in a manner that conflicts with your deeply-held beliefs. It's easy for me to write, "And that's okay."
Sometimes, it's not. In addition to real litigants being told that they went all the way to the Supreme Court - spent countless years and huge sums of money - only to lose, the Supreme Court routinely fields requests for stays of execution. They are granted very rarely. This is serious stuff.
But, it is our serious stuff. These nine lawyers are wrestling with many of the most important conflicts of our time. Sometimes, their decisions suit the majority of Americans, and sometimes confound them. Though we are not really spectators in a centuries-old melodrama, there is one thing I think we can all agree on.
We wish them inspiration, maybe some moments of humor, and above all that they recognize in themselves the frailties and fortitude of being human beings who have a very important job.
So, here's to you, you magnificent... Anyway, we raise a glass of "First Monday in October" to the new term.
