I am offering some unsolicited advice. As I write this column, Andrew McDonald has just been confirmed by the legislature to be the newest Justice of our Supreme Court. And so, bearing in mind singer-satirist Tom Lehrer’s acerbic comment that modern philosophers mostly enjoy giving advice to people happier than they are, allow me to offer three thoughts about how Justice McDonald can live up to the deserved praise that accompanied his nomination.
Ask lots of questions at oral argument: To paraphrase Simon & Garfunkel, where have you gone, David Borden? Over the past few years, the Court has evolved from a fairly "hot" bench into … well, a tepid one, at any rate. This is not a qualitative assessment, mind you. The justices all ask insightful and important questions. They just don’t ask nearly as many of them as did their recent predecessors.
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