Today, a happy RBG memory – the time I talked her into talking trash.

In OT06, the clerks had a fantasy baseball league. Some chambers had teams. Some individual clerks did. And Justice Alito wanted a team – for himself, not his clerks.

1/11
In the last week of the term, the Ginsburg clerks were matched against Alito’s team.

RBG was on the losing end a lot that term.

Not this time. We destroyed him: 10-0.

2/11
The next day, I went to see RBG in her office. I explained that her clerks were playing fantasy baseball, against other clerks -- and Justice Alito. And I described, in some detail, the sheer dominance our team had displayed.

3/11
She looked at me like I was insane. Which, I was. The end of the Court’s term is kind of busy.

Then I said, “Justice, I took the liberty of typing up a memo, which you might want to send Justice Alito.” And I slid it across her desk.

4/11
She stooped over and studied it for what seemed like forever. Then she looked up and said, “What is fantasy baseball?”

So I started over. (I think that’s the only time I had to tell her something twice.)

5/11
Back she went to reading.

The memo was all of two sentences. But she looked it over like an opinion.

Then she smiled and said, “I’ll sign it.”

6/11
“Copies to the Conference?” I asked. And she said yes. So copies were soon hand delivered to every justice.

7/11
The memo said:

Dear Sam,

My law clerks inform me that last week their fantasy baseball team defeated yours by a score of 10-0. I know you are busy, but we expect more, even from the junior Justice.

Respectfully,
Ruth

8/11
A short while later, Justice Alito replied. He acknowledged that RBG was entitled to gloat. But he added that, with the end of term, he planned to dedicate more time to his team, so our success wouldn’t last long.

9/11
Shortly after that, an Alito clerk called to complain – the Justice had assigned him to manage his team.

10/11
RBG chuckled when I told her. That’s the part of her that didn’t often come across in public. She wasn’t beyond a bit of mischief.

11/11
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