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Say Yes
publish date:
2026-08-05 12:32:26
Latest chapter
Mistaken Alliances The Long Game
The Harrison decision came in May.Six to three.The majority held that the adequacy standard required the outcome in the Harrison case. That a caseload of two hundred and seventy cases was not compatible with the constitutional standard of adequate representation. That Harrison's conviction had been impacted by the inadequacy and was subject to review.Six to three was stronger than the original adequacy decision.I had written a concurring opinion.The Chief Justice had assigned me to write the majority opinion. I had produced it. But I had also written a concurrence that was separate from the majority, a personal statement of the constitutional argument that had produced this result. It was the most direct statement of the access framework in the court's history. It traced the argument from its foundation through the papers and the circuit decisions to this moment.It was twenty-three pages and it was the clearest statement I had ever made of what I believed about equal protection
Mistaken Alliances The Case That Tested Everything
The Michigan case was called Harrison v Michigan Department of Corrections.A man named Darnell Harrison had been convicted seven years ago. His public defender had carried two hundred and seventy cases that year. The specific inadequacy was documented. The connection to the outcome was arguable.I read the cert petition on my first weekend.Then I called Clara into my office on Monday morning and closed the door."We cannot work on this case together," I said."I know," she said."The adequacy standard," I said. "I built it. You built the core of it. The court will scrutinize our relationship to this case more closely than any other.""I know," she said."Your work as my clerk cannot touch this case," I said."Agreed," she said."But I need to know one thing," I said."Tell me," she said."The seam in the adequacy argument," I said. "Is there anything in the Harrison case that touches the seam?"She looked at me."You are asking me to review the case against the seam before we separa
Mistaken Alliances The Oath
The oath was taken in the Supreme Court chamber on a Thursday morning in November.The chamber was full. The family was there. Kade in the front row, James beside him, Nora beside James, Oliver on the end with the particular stillness he brought to significant rooms.Eloise was in the row behind them. Killian and Elena were there. Rosa sat between them with the gravity of a ten-year-old who understood something large was happening.Cruz was there. He had come from Brooklyn because the case was his Brooklyn case arrived at its final form. He sat in the gallery with Dani beside him.Park was there. Burch had driven from Columbus again.Clara and Priya and Josephine and David were there. The whole research team in one row of the gallery.Patricia Holt was there.The Chief Justice administered the oath.I placed my hand on the Constitution and said the words I had been reading and arguing and building arguments around for twenty years.Do solemnly swear that I will administer justice with
Mistaken Alliances The Argument That Endured
The Judiciary Committee hearings were in October.Four days. I had prepared for four months, which was the only way to prepare for four days of Senate questioning about every legal opinion and every piece of scholarship and every personal decision I had made in my professional life.Day one was the opposition doing what the opposition did. Senator after senator asking questions designed to make me either defend my record in a way that looked defensive or abandon it in a way that looked dishonest.I did neither.I stated the record clearly. The access argument, the adequacy standard, the retroactivity principle. I stated the constitutional framework and the cases that had tested it. I stated that I believed the Constitution meant what it said about equal protection and procedural due process and that my scholarship had been aimed at making that belief actionable in law.I stated the Killian situation in the same terms I had always stated it. A mistake made before I was part of the Cart
Mistaken Alliances The Record Speaks
The nomination was announced on a Monday.I was in Washington with Kade. The announcement came from the White House briefing room and I watched it from a room down the hall where a White House aide told me the process would now begin.The process was exactly as difficult as everyone had predicted and nothing I had not already lived through in a different form.The opposition research arrived in media the following week. The Killian story, framed as recklessly as anyone could frame it. The Carter Group corporate connection. The access legislation as a conflict of interest. The twins as a distraction from the constitutional record. Every piece of ammunition that had ever been used against me in twenty years of public life was fired again in a compressed and concentrated way.I had prepared for this.Kade had prepared for this.The statement we released was four paragraphs. It addressed the Killian situation directly in the same language we had used fifteen years ago in the Finance Chron
Mistaken Alliances Say Yes
The White House meeting was in the Roosevelt Room.Margaret Ellison was there. Two other members of the Counsel's office. And the President herself, who came in ten minutes into the meeting and who had read everything.She was direct about it."Justice Morales is retiring at the end of the term," she said. "She informed me last week. Her health makes continuing impractical.""I am sorry to hear that," I said."Her retirement creates a vacancy," the President said. "I would like to nominate someone who understands constitutional law at the level this moment requires."She was looking at me when she said it."The access framework cases," she said. "The four papers. The twenty years of building the constitutional argument from the ground level up. There is nobody in the country with that combination of academic depth and practical construction.""There are excellent jurists with strong access records," I said."There are jurists who applied the access standard after it was built," she sa
Mistaken Alliances The Cost of Significance
December arrived with all the city's seasonal drama.The brownstone was decorated. Not elaborately. Kade and I had decided early that Christmas in our house would be warm rather than spectacular, and so it was. A good tree and the children's ornaments, each one chosen by them with a certainty that
Mistaken Alliances We Deal With It Together
It was Kade's mother who figured it out first. We were having lunch at the townhouse, just Eloise and me, a habit that had developed quietly over the past weeks. She fed me and I told her things I didn't tell the twins, not always about them, sometimes just about work or the city or things I wa
Mistaken Alliances Which Brother
By the following Tuesday, the entire office knew. I wasn't sure how it started. Maybe it was the way Killian had greeted me in the hallway that morning, loud and warm in front of everyone, like we were old friends. Maybe it was the way Kade had held the elevator door open for me with a look that
Mistaken Alliances Behind Closed Doors
I did not shake their hands for long. The second I let go, I stepped back and put a smile on my face that I hoped looked more natural than it felt, because on the inside I was absolutely losing it. "What a surprise," I said, and I meant it in the worst possible way. Bendel was beaming betwe
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