Warren: The smartest guy? If only, indeed, it were that easy!

When I first came to this country, I assumed that the nine justices of the

Supreme Court were taken from the absolute cream of their profession, the

very best legal and constitutional brains the U.S. had to offer. Then a

kind legal friend, who had actually had some dealings with the Justices,

took me aside and gently explained that they are much more often

mediocrities from the bulge of the bell curve, chosen to give the least

possible offense to the least number of loud factions, or because, never

having had an original or interesting thought in their lives, they had never

made anyone angry by forcing him into the unpleasant and painful business of

thinking.

Nothing I have since heard or read about SCOTUS has suggested that my friend

was wrong.

And as an exhibit of the kind of person who does NOT get confirmed to the

Court, I offer the brilliant and subtle Judge Bork, who at this moment I

hope is enjoying his NR cruise. (But who, the last time I saw him, had

shaved off his splendid whiskers, which I think was a mistake.)