Supreme Court Justice Nods Off: Let's Give Her a Break (Updated)

According to World Net Daily and the Associated Press, Justice Ruth Bader Ginsberg fell asleep during testimony Wednesday over political redistricting in Texas.  World Net Daily provides a few details:

The subject matter was extremely technical," notes AP writer Gina Holland, "and near the end of the argument Justice Ruth Bader Ginsburg dozed in her chair."

During a report by Megyn Kendall of Fox News, an artist's sketch of the hearing was aired with Ginsburg's head using the bench as a pillow.

While I realize that much political hay can be made out of a nap on the bench by a Supreme Court justice, particularly one who is an ex-ACLU leader, let's face it:  Boredom is an occasional occupational hazard of the courtroom and law practice in general.

You never hear about a head football coach nodding off during a game.

As a lawyer, I can attest that not every case I've seen is endlessly fascinating, much as all my own cases seemed that way to me at the time. 

In fact, some parts of the law just plain lend themselves to falling asleep.  Next time you're struggling with insomnia, what you really need is to get your hands on a law dictionary or just about any basic law school textbook.  If it's sleep you want, you will not be disappointed.

Or try some of the following legal words and phrases for size, imagining that these subjects are all you'll be hearing about for the rest of the day, and see if you start to feel just a little bit drowsy:

Escrow . . . res ipsa loquitur . . . subdivision(c)(1)(A) . . . Code of Federal Regulations . . . equitable claims . . . petition for writ of mandamus . . . procedural prerequisites . . . lienholder . . . ex post facto . . . privity . . . federal preemption . . . estoppel . . . demurrer . . . ERISA . . . jurisdiction . . . limited liability companies . . . standard of review . . . Uniform Commercial Code . . . abstention . . . Noerr-Pennington doctrine . . .

OK, OK, I'll stop.  Go get a strong cup of coffee -- I'll wait.

If Ginsburg starts napping in the courtroom regularly, I say ridicule away and encourage her early retirement (if you can call retiring at age 72 early). 

But occasionally nodding off? -- I say give her a break.  Or her own coffeemaker.

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Update:  Mary Katharine Ham notes at Hugh Hewitt that if it had been Justice Scalia dozing off, it would be headline news and we'd be treated to a whole week of stories about it, including calls for a mandatory retirement age.  Good point.  Captain's Quarters concurs, pointing out that it's not fair to the litigants before high court.  Also true.  And Newsbusters and Right Wing News have the courtroom artist's sketch and a few comments.  But if napping does not turn out to be a regular occurrence with Justice Ginsburg, this incident will be nothing more than an amusing historical footnote.  Let's not go overboard lest we someday see a similar drowsy episode from a justice we actually like.

Comments

[gawfer]

Gina,
I'm a little less merciful than the average bear. THe way I see it is spank her harshly now, and if she does it again, help her to the door. If she falls asleep during a SCOTUS hearing in fron of God and everybody, what is she doing in her chambers where she is supposed to be deliberating. Besides, After what Roberts, Thomas and Alito endured by the whacky left, there is absolutely no reason why we should expect any less from the others. We honor her and her position, but when she if can't perform ordinary tasks, then its time for replacement. No guessing on decisions, just attention to detail.

[Gina Cobb]

You are less merciful on this one, gawfer, but you make some good points.

[gawfer]

Gina,

Sorry for the typo's. I guess I was more tired than I thought last night. Sheesh!
BTW, I enjoy your pontifications.
peace.