justices assuming the modern-day role of Solomon for the people of the United States.
There were impressive friezes on either side of the courtroom. On the right were figures of lawgivers of the pre-Christian era. On the left, their counterparts of the Christian period. Two armies ready to have go at each other. Perhaps to determine who had gotten it right. Moses versus Napoleon, Hammurabi against Muhammad. The law, the handing down of justice, could be damn painful — bloody, even. Right above the bench were two figures carved in marble, one depicting the majesty of the law, the other the power of government. Between the two panels was a tableau of the Ten Commandments. Swirling around the vast chamber like flocks of doves were carvings — Safeguard of the Rights of People, Genii of Wisdom and Statecraft, Defense of Human Rights — representing the role of the Court. If there ever was a stage of perfect proportion for the hearing of matters paramount, it seemed that this landscape represented it. However, topography could be deceiving.
Ramsey sat in the middle of the bench, Elizabeth Knight at the extreme right. A boom microphone was suspended from the middle of the ceiling. The moms and pops in the audience had noticeably tensed up when the justices appeared. Even their gangly, bored kids sat a little straighter. It was understandable enough even for those barely familiar with the reputation of this place. There was a discernible feeling of raw power, of important confrontations to come.
These nine black-robed justices told women when they could legally abort their fetuses; dictated to schoolchildren where they would do their learning; proclaimed what speech was obscene or not; pronounced that police could not unreasonably search and seize, or beat confessions out of people. No one elected them to their positions. They held their positions for life against virtually all challenge. And the justices operated in such levels of secrecy, in such a black hole, that it made the public personae of other venerable federal institutions seem vainglorious by comparison. They routinely confronted issues that had activist groups all over the country banging heads, bombing abortion clinics, demonstrating outside prison death houses. They judged the complex issues that would bedevil human civilization until its extinction. And they looked so calm.
The first case was called. It dealt with affirmative action in public universities — or, rather, what was left of the concept. Frank Campbell, the counsel arguing on behalf of affirmative action, barely got through his first sentence before Ramsey pounced.
The chief justice pointed out that the Fourteenth Amendment unequivocally stated that no one shall be discriminated against. Didn’t that mean affirmative action of any sort was impermissible under the Constitution?
“But there are broad wrongs that are trying to be — ”
“Why does diversity equate with equality?”
Ramsey abruptly asked Campbell.
“It ensures that a broad and diverse body of students will be available to express different ideas, represent different cultures, which in turn will serve to break down the ignorance of stereotypes.”
“Aren’t you premising your entire argument on the fact that blacks and whites think differently? That a black raised by parents who are college professors in a well-to-do household in, say, San Francisco will bring a different set of values and ideas to a university than a white person who was raised in the exact same affluent environment in San Francisco?”
Ramsey’s tone was filled with skepticism.
“I think that everyone has differences,”
Campbell responded.
“Instead of basing it on skin color, doesn’t it seem that the most impoverished among us have a greater right to a helping hand?”
Justice Knight asked. Ramsey looked over at her curiously as she said this.
“And yet your argument draws no distinction on wealth or lack thereof, does it?”
Knight