Consider this image: Justice Thomas locked arm-in-arm with Justice Ginsburg

To the Editor:

These past few days saw a very special blending of my family and professional lives. On Wednesday, my law partner, Tom O’Connor, with my father, Eugene E. Napierski, at his side, argued McDonough v. Smith before the United States Supreme Court.

I was privileged to travel to D.C. with my son, Reece Napierski; my sisters, Christine Napierski and Michelle Napierski-Prancl; and my brother and sister-in-law, Daniel Napierski and Kelly Nichols Napierski, to attend the hearing and witness history being made.

To see my father seated at counsel table, passing notes to his law-school classmate, was an honor few sons will experience and a fitting coda to his long and distinguished career.

The justices themselves appeared far more human and several years older than they do in the media.

Justice Samuel A. Alito allowed less than 30 seconds of prepared remarks before he interjected with: “This case has my head spinning.”

From that point, the questions didn’t stop. Each justice posed question after question for the next 60 minutes. Only Justice Clarence Thomas, true to his reputation, didn’t utter a word.

In answer to the questions I have been asked most since the hearing, Justice Ruth Bader Ginsburg appeared very frail. Seated to the immediate left of the chief justice in a position of honor reflecting her seniority, her posture was bent and her voice reedy. Her questions, however, betrayed a mind that remains razor sharp.

Justice Brett M. Kavanaugh, seated farthest away from the chief justice in the seat reserved for the most junior associate justice appeared poised and professional. His questions were well informed and no less germaine to the issues than those of his fellow justices. (Sorry, no scandal to report.)

Of all the justices it was Justice Stephen G. Breyer who affected me most. His appearance and voice are those of a kindly old man. His questions were traps. He sat behind the bench like a sphinx with a riddle. Engaging with Justice Breyer gave the feeling of being led to the gallows by your grandfather.

Overall, I left the court with the feeling that there are at least nine adults in D.C. Finally, in what should be an example to us all, after Chief Justice Roberts gaveled the session to a close with the words, “Counselors, the case is submitted,” it was Justice Thomas who rose and assisted Justice Ginsburg down from the bench. It was Justice Ginsburg who accepted the needed help with dignity as one would from an old and trusted friend.

Justice Thomas, a conservative justice who was once at the center of a national scandal, descended the bench locked arm-in-arm with Justice Ginsburg, a hero of the left and feminists everywhere. Consider that image for a moment. Please.

Gene Napierski

Saratoga Springs

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