caminante haciendo camino
said it, but don't believe it
2004-01-08 | 10:01 p.m.

Did I mention something about procrastination biting me in the ass earlier this week? Well, for weeks Iíve managed to ignore the work thatís been growing roots on my desk, even though I knew it would eventually have to be completed. My days of leisure ended today. The judge has finally caught up with all his work, and heís expecting to see a draft of this opinion tomorrow. So, today was the day that my many weekís worth of procrastination took a large bite out of my backside.

Itís after 10 p.m. and Iím still in the office, with several hours worth of work before I can call this opinion done. So, of course, Iím writing here instead. Will I ever learn?

The problem with this opinion, and likely the reason that Iíve put off writing it for so long, is that I simply donít agree with the decision. I think the courtís getting it wrong. Iíve done what a law clerk is supposed to do. I wrote a brilliant memorandum and I buttressed my proposal with mounds of legal precedent and solid reasoning. (Since I havenít been able to convince the judge to see it my way, Iím obviously the only one who holds my legal prowess in such high esteem.)

But, really, what can you do when the lawyer arguing the case virtually gives it away at oral argument? You feel like standing up in the middle of that marble covered court room and yell, ďShut the fuck up, you asshole, your case was doing better without you!Ē Such an outburst would probably be unseemly, though.

So, here I am trying to write an opinion that I wholly disagree with. Itís inherently weak and Iím almost certain that it will be reversed.

I did not think this was possible, but Iím beginning to suspect that Iím working for a judge that is so liberal that I seem conservative in comparison. How can this be?

Well, I better get back to work . . . I have to finish this damn opinion so that the Supreme Court can get busy and reverse us. Must keep this circuitís reversal rate as high as itís reported to be.

~J.

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