Here are some points for and against Chief Justice Roberts keeping the gold braid stripes. On the one hand, the modest and unpretentious John Roberts might want to dispense with the pomp and blend in with his fellow justices, placing greater emphasis on the "equals" part of the Chief Justice's status as "first among equals." On the other hand, Chief Justice Roberts might want to retain the gold bars as a tribute to his predecessor and mentor. Removal of the stripes would constitute a repudiation of Rehnquist's sartorial legacy at the Court.I say he should keep the stripes as a tribute. The tribute rational will tend to cancel the tendency to call it pompous. But then I liked Rehnquist having the stripes. It never seemed that pompous to me. It seemed more like he didn't take himself deadly seriously — which is what the plain black robes are about. He was inspired by an opera! I'm thinking he thought why must everything always be so somber and sober. And then he does something fun and people act like he's a big stuffed shirt? What a drag to be a judge! I think Roberts better use those stripes to keep his spirits up. And underneath: plaid pants!
By the way, that UTR post is full of interesting links and comments, including an attempt to answer my question about why Souter, alone among the Justices, declined to issue a statement on the death of Chief Justice Rehnquist. No one seems to have a good answer, so it's an occasion to make up reasons, in the style of a Letterman Top Ten list.
IN THE COMMENTS: Especially good comments here, including more than one Top Ten list and some alternate suggestions on how Roberts could glamorize his robe. And what's stopping the rest of them from fooling around with the uniform?
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Because Rhenquist's addition of the stripes was whimsical, and because Roberts himself clearly entertains and practices whimsy, Roberts should do whatever he wants with the stripes, provided that it is motivated by whimsy.
Drop the stipes! Go with gold stars! Four on each sleeve for the Chief, three for the seniormost Associate Justice, two for the next six Associate Justices, and one for the juniormost Associate Justice.
Beadazzler maybe?
If there was some animosity, then Souter ought to be ashamed of himself. When an intimate enemy of yours dies, the decent thing to do is to mouth the damn platitudes. If you just can't bring yourself to do that, then you Clinton it and you write technically true phrases which nonetheless are positive in tone, which people can choose to gloss as praise. ("Chief Justice Rehnquist had a great effect on the Court, and even those of us who did not always agree with his reasoning had to admire his eloquence.")
Beautifully done, Robert. Justice Sutor is a rare public individual about whom very little is known. The "stealth candidate" has become the "stealth Justice". This episode only adds to the mystery.
I vote for the stripes.
Thanks for all the great comments!
Not sure I'm in the league with Gerry's top ten, but here is another set of possibilities:
10. The dog ate his statement.
9. Thought seven statements should suffice.
8. Still waiting for circulated drafts – mail is slow at the farm.
7. Tied up advising Ray Nagin on hurricane relief.
6. Expected to be able to join O’Connor and Kennedy in a joint opinion.
5. Never had to do this on NH Supreme Court.
4. Making secret wedding plans.
3. Busy re-reading Chase’s opinion in Calder v. Bull, hoping to remember if he is supposed to agree with it (see Stenberg concurrence) or disagree with it (see Seminole Tribe dissent).
2. Sore over not getting nod to be CJ.
1. Ran out of toilet paper on the farm, so Court stationery is needed for other important projects.
I can't believe it took me this long to think of this Souter reason:
Too busy worrying about eminent domain proceedings on his house.
Robert's should go with epaulettes and medals -- "I am the very model of a modern major-general!"
Robert's nod to Gilbert and Sullivan, however would be misinterpreted (or disinterpreted?) by the NYT as gay.
The Justices should, from time to time, dress in throw-back uniforms (similar to baseball). Perhaps roberts can make everyone wear wigs, or tights with ruffles.
No stripes!
Stripes have already been done. We like them because they are a fashion statement, don't we? Say you were part of a book club that rotated throwing parties every week. It would be gauche to show up at your party wearing the exact same dress the hostess wore at the previous week's party.
The moment the stripes went on, the black robe stopped being a uniform. Therefore it's unseemly to copy Rehnquist's outfit.
I think a plain, unadorned crown would be in order here - Good King Bob has a nice ring to it. Long live the King! May he smite Liberals!
Comic opera costumes are the perfect attire for these nine jokers who spend their time parsing the penumbral emanations of a centuries-old piece of parchment.
Unfortunately, the hilarity is somewhat diminished for the rest of us by the fact that their decisions affect our lives.
Lose the stripes. He should set his own course. Rehnquist had a Gilbert and Sullivan vibe, Roberts, a Copeland.
In the current fashion of sparkly graphic t-shirts with words, how about "Red Hot Justice Served at Bob's" in sparkle paint?
Red Hot Justice??? Perhaps he just wear briefs that read "amicus" in glitter on the front and "Texas v. Lawrence" on the back.
Troy, you made me laugh out loud while someone was headed into my office. :D
How about if he added one of those high, standing collars like this:
http://www.megorama.com/images/fullsize/46_982888857.jpg
Maybe gild the edges.
Because of CJ Roberts' youthful clean-cut look, it shouldn't matter whether the drab black robe is emblazoned with stripes or not.
To keep as a tribute? What, like those ribbons, ads, signs, etc., athletes have on their uniforms, as they parade on national TV?
Wouldn't that cheapen it?
Why not plunging necklines for the women
There goes my appetite.
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