Some Personal Reminiscences and What They Meant for Me

1. Preliminary There are those who have said I should write a book, and there are those—about the same in number—who have said I should not write a book. Those in the negative assert that my “book” already is written in the several hundred opinions (majorities, concurrences, dissents) I have filed over the years, and in my public utterances. There are valid arguments, I suppose, on both sides. I certainly do not wish to write anything that merely seeks to explain further my vote in decided cases, or to comment—supportively or adversely—on colleagues' votes, or to express little more than after‐the‐fact criticism. In that context, what might be said belonged in the decisional process itself. But there are other things in Supreme Court experience. Law students are inclined to ask questions. Example: “Tell me, how does one come to be a federal judge?” Justice Tom Clark had a direct response: “One has to be on the corner when the bus comes by.” One federal appellate judge plaintively said to me: “The only reason I am on the federal bench is because I was a close friend of a United States Senator.” (He had served for a time as the Senator's administrative assistant.) It may perhaps be said that every federal judge comes by his status in his own way. Of course, there are things one must not do, but I doubt that there is a specific path one must follow to be eligible and seriously regarded as a candidate for federal judicial service.