Advice from Justice Clarence Thomas

Last spring in Washington, D.C. at the Federalist Society’s National Student Symposium, Justice Thomas told a room full of law students to “get rid of [their] pessimism.” Justice Thomas, your words have been ringing in my ears. Admittedly, many aspects of America’s contemporary legal and political landscape engender a lingering pessimism in me. I’d like to step back a moment from this divisive arena we encounter every day and briefly discuss a few points of optimism.

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Gratitude for Intellectual Diversity

Red and blue Rock'em-Sock'em Robots facing offI believe intellectual diversity is vital to the development of the legal community—in law school and in practice. I also believe our individual mindsets—as lawyers, professors, or law students—aggregate and have an outsized effect on the direction of Wisconsin’s and America’s laws. Finally, in the vein of free-market competition, I believe we should each endeavor to challenge our mindsets and step out of any conscious or unconscious echo chambers of legal thought. With these ideas in mind, let’s spice things up with a rather normative post.

Let’s start with a somewhat lighthearted contention. Math is not evil, mysterious, or to be avoided at all costs. On the contrary, we should challenge ourselves to use it appropriately and effectively when an opportunity arises to do so. Don’t get me wrong, I love a good “lawyers are bad at math” joke, but maybe we shouldn’t perpetuate that mindset. If you can use a standard normal distribution or some Bureau of Labor Statistics data to make a point, go for it. Words may be our specialty, but numbers should be in the tool bag as well.

That was a good warm up, so let’s try something a little more controversial.

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Soledad O’Brien and the Girl with a Broken Front Tooth

Soledad O’Brien remembers a girl in her high school on Long Island, New York, who broke a front tooth and went for many months without getting it fixed.

O’Brien grew up in a stable, comfortable home and never had to worry about shelter, food, medical care, or other valuable parts of stable living. And she never gave much thought to why the girl didn’t get her tooth fixed.

But the girl and her front tooth are still on her mind decades later. That girl makes her think about all the young women, then and now, who live unstable lives, who can’t meet daily needs that are met without much thought in other homes. “I was so naive and stupid about those things,” O’Brien said during an “On the Issues with Mike Gousha” program at Marquette Law School on Tuesday.

“What sixteen-year-old girl walks around (with a broken front tooth). Think about her family circumstances, and think about what this girl was going through that that was completely normal. I don’t think I ever thought about poverty, I don’t think I ever thought about access to health care, or all these things as a journalist I would really dig in to.”

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