by Clerquette
After days of a veritable maelstrom of reports about
swine flu,
bird strikes,
Somali pirates, and
torture, Clerquette was desperately in need of a spirit-boosting respite from bad news. In these dark times, what does a girl have to do to get a little relief? Make a visit to the day spa? Spend a weekend at
Kripalu? Head to the bathtub for some Calgon escapism?
These are all good ideas, dear readers, but in this instance, my deliverance from the blues came from a most unexpected source: the
Federalist Society. Admittedly, the Federalists are not generally known as the folks to turn to when one is in need of a mental adjournment from the stresses of daily life. They were, however, the hosts of a Very Special night at New York City's
Cornell Club, featuring none other than ...
Judge Richard Posner! And nothing puts the spring back in this groupie's step like proximity to an Article III superstar like the illustrious Judge Posner.
Judging (pardon the pun) by the turnout, Clerquette was not the only one whose "relief sought" included some quality time with a distinguished jurist: the event, which was billed as a conversation of sorts between Judge Posner and American Enterprise Institute fellow and deregulation guru
Peter Wallison garnered an overflow crowd. And what a crowd it was! Let it suffice to say that the affair was something akin to a conservative/libertarian Grateful Dead show (set in a state which, of course, exists to preserve freedom). The crowd was comprised of a colorful smattering of septuagenarians, young Brooks Brothers-clad Alex (and Alexa) P.
Keaton types, one fabulously coiffed woman with an elegant, Jackie O-style vertical updo, and more than a few bow-tie wearers.
As the parking lot, er, I mean, Ivy Room filled with Posner acolytes, a palpable sense of restlessness descended. In a fitting demonstration of free market principles, competition for seating and refreshments (the supply of which was far outstripped by demand) grew intense; chairs were aggressively staked out with Hermes scarves and
Valextra briefcases, and men in bespoke suits jockeyed for a turn at the dwindling cracker pile. Indeed, Clerquette began to wonder whether a fight for the individual's right to crudite would break out in the buffet line. At one point, moderator
Liz MacDonald (of
Fox Business News) distracted Clerquette with a pretextual inquiry about the hot hors d'oeuvre, and then seized the opportunity to swipe the cheese tongs. Needless to say, Clerquette does not approve of poor plate-side manners in the presence of an Article III luminary!
Eventually, the show got underway. The madding crowd, however, was not to be appeased; when MacDonald began her opening act with a declarative -- and distinctly Seinfeldian -- "Did ya hear about Air Obama doing a flyover of lower Manhattan?
What is up with that? Did ya hear about this thing with Bank of America?," an elderly gentleman seated behind Clerquette answered wearily, "Yes, dear. Yes, dear ... we did." After some rapid-fire denunciation of ... something (the precise subject of the remonstrance was unclear) and a comparison of certain economic policies to "faith-based initiatives," MacDonald cited
John Kenneth Galbraith for the proposition that the "only purpose of economic forecasting is to make astrology look respectable." That principle, Clerquette finds, is
res judicata!
Finally, the lectern was ceded to the distinguished guest. Although Judge Posner's credentials and accomplishments are both too resplendent (and too numerous) to catalogue fully here, let it suffice to say that he is a bona fide member of The Elect, and then some; among other things, His Honor graduated from Harvard Law School (magna cum laude '62), clerked for Justice William J. Brennan (OT '62), and -- lest we forget -- turned "
Law and Economics" into a household turn of phrase. And, of course, he ascended to the Court of Appeals for the Seventh Circuit in 1981, from whence he has dispensed his distinctive market-driven judicial magic ever since.
Alas, Judge Posner's speech began with some minor technical difficulties which, to Clerquette's surprise, were barely tolerated by the restive crowd. As the Judge struggled to adjust his microphone, the crowd fussed captiously. Clerquette saw one woman turn to her companion and announce smugly that "this is why everyone should invest in media training and developing presentation skills." (Surely she was not suggesting that the father of law and economic analysis polish his public speaking technique? Clerquette moves for sanctions!) Another gentleman in the crowd carped irritably that the "crowd [was] too rowdy because they' [were] all drunk. All of 'em." Another audience member bellowed for Judge Posner to "bend over into the microphone, for God's sake." (Gasp! Uttering the words "bend over" to an Article III judge? Clerquette nearly reached for her smelling salts.) Clerquette heard yet another man lament that the equipment malfunction was not His Honor's fault. "They should be helping him," he said crabbily. Clerquette refrained from asking the nice man whether he was advocating institutional intervention into a judicial process.
The good news, dear readers, is that Posner handled both the fractious audience and the sophisticated subject matter with a most judicial degree of equanimity and grace. Speaking extemporaneously, His Honor summarized, succinctly, the historical allocation of risk in the American banking system, enumerated the causes and early indicia of the current financial crisis, and engaged in a thoughtful, though critical,
analysis of Mssrs. Greenspan, Bernanke, and those who seek to stifle the market with intrusive regulations.
But, speaking of bubble-bursting ... Judge Posner had barely concluded his remarks when Clerquette heard the gentleman behind her grumbling.
"That was a lot of strained history that we already knew," he announced.
"Well," his companion said, "I suppose a judge can do whatever he wants."
Order in the Court! Clerquette hereby declares the following: an Article III rock star like Judge Posner is entitled to susbtantial deference, folks. A few members of tonight's crowd could have benefitted from the exercise of much wiser discretion, so to speak.
But no matter. This fan thoroughly enjoyed her brief moment in the glow of an Article III luminary (which was, sadly, cut short by the persistent call of billable matters). Clerquette likes to think of it as an "Article III spritzer" -- just enough to refresh a weary soul, and to tide us over until the next Judicial Sight-ation.
Have judicial sight-ations of your own? Clerquette would love to hear about them!
Email: clerquette@gmail.com
... or find Clerquette on Twitter!
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