Remembering John Paul Stevens, a model of humility and kindness

Justice John Paul Stevens is rightly celebrated for his impeccable qualifications (one of the nation’s top antitrust lawyers, confirmed to serve on the Supreme Court by a 98-0 Senate vote) and his incredible longevity (35 years on the court). JPS, as we all called him, was brilliant, principled, creative, and funny. His greatest attributes, however, were his unfailing modesty and kindness, which make him a true role model as a lawyer, judge, and person.

While other justices would have their law clerks write first drafts of opinions, JPS, who died Tuesday at 99, always wrote his own first draft. He would hand it to a clerk and say, “I’m afraid this needs some work; please edit it and do your best.” His humility was genuine, though his first drafts were, in fact, quite excellent.

Even in the midst of heated debate on issues of national importance, JPS displayed unfailing respect for and courtesy toward his colleagues and the lawyers on all sides. If a lawyer slipped under pressure or performed poorly, JPS always found an empathetic explanation, never uttering a word of criticism, even in the privacy of his chambers. He greeted strangers with warmth and genuine interest. JPS is perhaps the single nicest person I’ve ever known.

Life tenure on the Supreme Court never went to his head. On the golf course, sans black robe and signature bowtie, he introduced himself simply as “John Stevens” and would say “I’m a lawyer” — no boasting about position or title. (Tennis and golf kept him young; this spring, at age 99, he was still playing nine holes on occasion.) When he hosted us for dinner at his modest Virginia apartment, he and his wife happily revealed that the delicious cheesecake they served was from Costco.

JPS readily admitted his own mistakes, rare as they were. When we started working as law clerks, he directed us to speak up and share any doubts or disagreements we might have: “Your job is to keep me from making an ass of myself.” He had confidence in his own judgment and analytical skills, and that confidence instilled open-mindedness. Upon reflection, he would allow his thinking to evolve — for instance, in his ultimate rejection of capital punishment. When he disagreed with the majority, he crafted strong dissenting opinions in the hopes that someday the court would recognize and fix its own errors.

Justice Stevens’ humility shaped his approach to judging. He understood how important it is to start with the facts, before jumping to legal analysis and conclusions. He was keenly aware of the Supreme Court’s own limitations, and he believed that judges should give proper deference to elected officials, who are democratically accountable. He was most upset by the court’s 5-4 decisions to prevent the people’s elected representatives from enacting reasonable regulations on corporate campaign spending (Citizens United) and dangerous firearms (the Second Amendment Heller case). He thought it especially ironic that the media would call those relatively radical, precedent-breaking decisions “conservative.”

As the nation mourns his passing, some headlines label him a “liberal leader” on the court. The judge whom we knew in private was not liberal, conservative, or ideological at all. He was just a smart, eminently decent man who studied the facts and tried to find the right, reasonable answer for each individual case. He loved the law and the court, and feared that the 5-to-4 Bush v. Gore decision and other controversial cases would erode the public’s faith, and cause people to view the Supreme Court as just another political body.

On one of my last days as a law clerk, JPS (then a sprightly 78-year-old) offered some career advice: “Don’t try to plan your entire life; decide what is the right next job for you.” This wise guidance was grounded in humility as well, the recognition that we’re not clever enough to know where each step in life will lead. His life is an inspiring example; I pray that we might all follow his standard of humility and fundamental kindness.

David S. Friedman is senior vice president for legal and government affairs for the Boston Red Sox. He served as a law clerk to Justice John Paul Stevens in 1997-98.

Source: Bostonglobe.com

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