How Will They Remember Us?
I wrote previously about living a historically significant life. An article I read today got me thinking (Hat tip to Federalist No. 84 at Crime & Federalism).
"Richard Sheppard Arnold, the bow-tied Arkansas jurist whose inimitable legal brilliance and scrupulous fairness landed him on the short list for a seat on the U.S. Supreme Court, has died. He was 68. "
http://www.infirmation.com/bboard/clubs-fetch-msg.tcl?msg_id=002Z7P
His biographer called him "perhaps the best judge never to serve on the Supreme Court."
Judge Arnold made the short list for the Supreme Court seat that ultimately went to Breyer.
In the end, though, Arkansas native son passed over another native son and selected Stephen Breyer. In his autobiography published earlier this year, My Life, the former president wrote that he "probably would have appointed [Arnold], except for the fact that he had been treated for cancer and his prognosis was not clear." As for Arnold, his anxiousness surrounding a possible appointment ended once the president nominated Breyer. "I was relieved because I wouldn't have to worry about it anymore."
If someone else said it better, I always quote:
"Of all sad words of tongue and pen, the saddest are these, it might have been."
--Whittier
A sidebar: Can you imagine how the death of a Supreme Court Justice would have impacted the presidential election? President Bush certainly would have moved to gain ground in a key constituency nominating Alberto Gonzalez or Emilio Garza, or perhaps even Janice Brown. The Senate Democrats would have almost certainly put up a fight. The election would have then become about every judicial issue that stands as the result of a 5-4 vote. It would have been the most interesting and high stakes judicial nomination in U.S. history.
"Richard Sheppard Arnold, the bow-tied Arkansas jurist whose inimitable legal brilliance and scrupulous fairness landed him on the short list for a seat on the U.S. Supreme Court, has died. He was 68. "
http://www.infirmation.com/bboard/clubs-fetch-msg.tcl?msg_id=002Z7P
His biographer called him "perhaps the best judge never to serve on the Supreme Court."
Judge Arnold made the short list for the Supreme Court seat that ultimately went to Breyer.
In the end, though, Arkansas native son passed over another native son and selected Stephen Breyer. In his autobiography published earlier this year, My Life, the former president wrote that he "probably would have appointed [Arnold], except for the fact that he had been treated for cancer and his prognosis was not clear." As for Arnold, his anxiousness surrounding a possible appointment ended once the president nominated Breyer. "I was relieved because I wouldn't have to worry about it anymore."
If someone else said it better, I always quote:
"Of all sad words of tongue and pen, the saddest are these, it might have been."
--Whittier
A sidebar: Can you imagine how the death of a Supreme Court Justice would have impacted the presidential election? President Bush certainly would have moved to gain ground in a key constituency nominating Alberto Gonzalez or Emilio Garza, or perhaps even Janice Brown. The Senate Democrats would have almost certainly put up a fight. The election would have then become about every judicial issue that stands as the result of a 5-4 vote. It would have been the most interesting and high stakes judicial nomination in U.S. history.
posted by Chris at 2:59 PM
1 Comments:
As to this statement:
His biographer called him "perhaps the best judge never to serve on the Supreme Court."
With all due respect to Judge Arnold, and as a fellow Arkansan, I believe that might be overstating things just a tad. Learned Hand and Judge Friendly of the 2nd Circuit surely top Arnold. Biographers should be a little more careful and avoid resorting to "Now let us praise great men" type statements.
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