Legalities

Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg

Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.

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Faith & frailty

February 28, 2007 6:28 PM

Today’s arguments in the lawsuit over President Bush’s faith-based grant initiatives went at a dizzying pace—even more so when you consider that the issue was "standing"and whether taxpayers have legal grounds to file suit attacking the program in the first place. The justices were so engaged in the questioning it seemed like some of them were about to leap out of their high-backed leather chairs.

Chief Justice Roberts really ran the show, completely directing the argument against taxpayer standing—and even stepped in a couple of times to help Solicitor General Paul Clement explain why the atheist group, Freedom from Religion Foundation, had no legal right to sue. Roberts nailed Andrew Pincus, the group’s lawyer, with a pointed question right out of the box: "I don’t understand, under your theory, why couldn’t any taxpayer sue our marshal for saying, ‘God save this honorable court?’" It was Pincus’s very first question, and it turned the argument. By the end, it appeared that the atheists were going to be on the losing side—though the justices didn’t seem especially taken with Clement’s proposals, either (or, for that matter, with the line-up of their own precedents they have to take up to decide the case).

As intense as the arguments were—and as fun as it was seeing Roberts in action—the real drama of the day occurred at the end of the argument. Typically, the justices rise from the bench, turn around and leave the courtroom for their chambers in very short order. Usually, spectators wait no more than a few seconds before the last justice disappears behind the red curtains. Then the court officers allow us all to file out of other exits at the front and sides of the courtroom. But today, we all were held in place for nearly a half a minute more –an eternity to a TV reporter--as Justice Ginsburg slowly collected her things and carefully left the courtroom. Justice Souter lingered behind at his chair, waiting to walk alongside her—almost as if he wanted to see if she needed assistance.

It was strikingly odd. I was standing next to Jim Vincini of Reuters, and we looked at each other with some alarm. No one could recall seeing Ginsburg in such slow motion, and it immediately begged the question of her health—which of course begs the question of whether any of the justices are going to be leaving the court anytime soon and give George W. Bush his third nomination. I have predicted with confidence that no one else will leave by design, and I’ve flatly rejected any suggestions that Justice Ginsburg was not at the top of her game physically. She’ll be 74 next month, and she’s active and social—and said to be recovered from her bout with cancer. People who don’t know Justice Ginsburg always say she looks so slight, so frail. But that’s Justice Ginsburg. She is slight. Even when she fell asleep during oral argument awhile back, I didn’t read anything into it since she’d just returned from out of the country and could easily have been suffering from jet lag.

The Court’s public information office said this afternoon that Ginsburg is absolutely fine. And she did ask several of the questions during the argument—she was focused and involved. So perhaps she twisted an ankle during her workouts ( she does exercise regularly). But it still made me think I’d better start pulling those possible retirement files together. As Justice O’Connor showed us all in 2005, big surprises can happen. 

UPDATE: The shoe must go on! Linda Greenhouse, the New York Times correspondent who covers the Court, writes today that Justice Ginsburg was slowed in her exit last week by a missing shoe. (And I thought it was only us southern gals who like to kick off our shoes during a good argument!) I had reported in my blog that the Court said Justice Ginsburg was "absolutely  fine," and I’d suggested that she’d perhaps turned her ankle during a strenuous workout. So thanks to Linda for helpfully solving the mystery. (And thanks to those of you who read my blog and were able to grasp my bigger point. With the Court in the balance, the health of any justice is an issue of critical concern, and bold predictions -- including my own -- about non-retirements aren’t worth much, as Justice O’Connor showed us all in 2005.)

February 28, 2007 | Permalink | User Comments (53)

User Comments

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It sure is enjoyable to hear what goes on inside the Supreme Court on major cases like this one.

It's also sure enjoyable to hear how Justice Roberts seems to be such an excellent Chief Justice, like in today's case.

It's not enjoyable that Justice Ginsburg could be ill, but it certainly would be enjoyable if she would retire and then spend many pleasant years writing books, memoirs and speeches (and it would be even more enjoyable if Justice Stevens would join her in doing the same).

The idea of a possible Janice Roberts Brown nomination to replace her and the great theatre that would surround that nomination is the most enjoyable of all.

Posted by: Joe | Feb 28, 2007 6:49:50 PM

I thought perhaps Justice Ginsburg has lost a step when seeing her on Justice Breyer's arm during the funeral rites for Chief Justice Rehnquist.

If she is ailing, I am sorry to hear it; primarily, because she's a person, and secondarily because she's a "New Yawka" like myself.

Posted by: Ed Unneland | Feb 28, 2007 9:20:08 PM

Please, Ms. Greenburg, you are a professional journalist who covers the Supreme Court of the United States. I would think that this job should require some level of mastery of the English language. Please learn the meaning of the phrase "beg the question," and stop misusing it. Undoubtedly, most of your readers are well-educated. Equally undoubtedly, this solecism is a pet peeve of many more than this one.

Posted by: Eric | Mar 2, 2007 11:32:43 AM

Interesting how all of the Justices named in the story are respectfully addressed as 'Justice' (Justice Ginsberg, Justice Souter, Chief Justice Roberts), but President Bush is not afforded the same respect.

Posted by: Ron | Mar 2, 2007 11:42:35 AM

I agree with Ed Unneland. This usage of "beg the question" is like fingernails on a chalkboard.

Posted by: jimstoic | Mar 2, 2007 11:50:29 AM

I just think it's irresponsible for a professional journalist to translate the scene she describes into "questions" about a Justice's health.

That is bound to cause alarm -- and on absolutely no basis other than seeing them walking slowly.

You're not a doctor. And I have to assume that the Court would declare the Justice as doing "fine" without some indication of that from a doctor.

Posted by: Scott | Mar 2, 2007 12:11:53 PM

Watch Justice Evelyn L. Stratton from the Ohio Supreme Court---- should a replacement ever become necessary.

Posted by: Barbie | Mar 2, 2007 12:22:01 PM

Imagine the political storm that would hit Washington if President Bush had to replace a Clinton appointed...liberal judge.

Democrats would cry that he must replace her with someone just like her.

Conservative would by rallying for their day in the sun with a new majority on the court.

Democrats would fight tooth and nail to get what they want in the Senate.

Oh my!!

http://www.americanlegends.info

Posted by: J. Mark English | Mar 2, 2007 12:30:31 PM

I believe all the speculation will be moot. The Democrats have been busy forcing a loss in the war on terror and will soon allow Iran to have their nukes. Suicide bombers will float a nuke in a lead box up the Potomac in a rowboat thereby freeing Americans from the communists majority in the Senate and in the courts. After that all bets are off.

Posted by: Richard Zoppo | Mar 2, 2007 12:56:26 PM

My first thought in reading this is Jan Crawford Greenburg makes so many excuses for Justice Ginsburg her bias is as evident as all ABC left wing bias is.
I am always puzzled why people need 3 names. What on earth did Crawfords do? Walk on the moon? Become President? Discover America? Nope just another woman so afraid of males she has to keep a nobody name as she is so weak she will loose herself in marriage.

That speaks of the phobic importance which the sick Justice Ginsburg holds for people like Mrs. Greenburg. Liberals base all their self worth on people in power to empower them. Justice Ginsburg has said she is unhappy on the court. They complain about wages. It is obvious she is hanging onto life instead of welcoming eternal rest....and if this was Ronald Reagan, the same Mrs. Greenburg would be questioning her health with a tone it would be better for the nation if Justice Ginsburg stepped down.
It would be better, but unlike Whizzer White liberals never do the right thing. Look at Senator Tim Johnson an invalid is hiding from the public but the media is silent as he is necessary to empower them. Justice Ginsburg should show some class and remove herself, but she won't as she has nothing in life but pretending she is making a difference in keeping babies butchered and hindering patriotism.
Oh and for the record Mrs. Greenburg, it is President Bush.

Posted by: LC | Mar 2, 2007 1:08:58 PM

Well said, Mr. Unneland.

Posted by: Bob | Mar 2, 2007 1:23:30 PM

Dear Ms Greenburg,

Thank you for your fine contributions to my understanding of the American Supreme Court. Unlike many of these small commentators, you do so in a classy and diginified manner.

Posted by: Mark | Mar 2, 2007 1:35:45 PM

Can't wait 'til the old bat croaks!

Posted by: Fred | Mar 2, 2007 1:42:54 PM

I don't know how anyone who is ignorant of the term "begging the question" can hold themselves out as qualified to report on legal or rhetorical argument, where this term is most applicable. Nevertheless, in the matter at hand, it is egregiously irresponsible of Ginsburg to continue this charade. We've seen far too many of these cases of holding out until the last dying breath in order to deny the responsible use of appointing power to replace the dead and dying on the bench. Time to consider term limits and even elections for all judges, which would remove this matter out from under the corrosive antics of the US Senate. Ginsburg is a glaring example of the need for radical reform of the Court.

Posted by: R LaBonte | Mar 2, 2007 1:49:55 PM

It would be a real shame to lose a pro-abort Supreme Court justice before Bush is out of office. NOT!

Posted by: Alan | Mar 2, 2007 2:04:11 PM

"...we looked at each other with some alarm..." and which would "...give George W. Bush his third nomination..." Oh, the horror that President Bush might make another excellent appointment to the SCOTUS! Greenburg simply cannot hide her insidious liberal bias. If she were intellectually honest write what she really is trying to get across: I deeply fear that Bush, that war mongering fundamentalist Christian nut, will get a chance to apppoitment another white conservative male to the bench.

Posted by: Juris Prudence | Mar 2, 2007 2:08:02 PM

I'm so happy others are as annoyed as I am when the phrase "begs the question" (or some derivative thereof) is misused.

"Begging the question in logic, also known as circular reasoning and by the Latin name petitio principii, is an informal fallacy found in many attempts at logical arguments. An argument which begs the question is one in which a premise presupposes the conclusion in some way. Such an argument is valid in the sense in which logicians use that term, yet provides no reason at all to believe its conclusion."

http://en.wikipedia.org/wiki/Begging_the_question

Posted by: Joe | Mar 2, 2007 2:09:38 PM

Fred, et al:

Unfortunately, formal logic is no longer a requirement for most college degrees, including journalism degrees. After hearing reports through broadcast media, I often wonder if ENGLISH is still a requirement! That said, all I remembered about the term "begging the question" is that it is a logical error and does not mean "raising the question." I had to look up the precise definition, and I am a lawyer.

Posted by: Jay | Mar 2, 2007 2:13:45 PM

Jay --

The author of this piece is too a lawyer. She graduated from the University of Chicago Law School and is admitted to practice in New York. I think people use the phrase "begs the question" to mean "raises the question" because they think it sounds more intelligent. Hah! The joke is on them because it does the opposite. Which raises the question - what's going on with the Anna Nicole Smith story?

Posted by: Joe | Mar 2, 2007 2:22:07 PM

"Justice Souter lingered behind at his chair, waiting to walk alongside her—almost as if he wanted to see if she needed assistance."

Wow, that describes Souter in a nutshell. Did he lose that house in New Hampshire yet?

BTW, wish for Ginsburg to retire soon and enjoy the rest of her days, but please don't wish her death. That makes us look no better than the moonbats who wished the suicide bomber got to VP Cheney in Afghanistan.

Posted by: RedStater | Mar 2, 2007 2:41:49 PM

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