Judges and Judiciary
Mar. 2, 2026
What's in a name?
Names--whether of institutions, leaders, or individuals--carry lasting influence on reputation, authority and personal identity.
Arthur Gilbert
Justice (ret.)
UC Berkeley School of Law, 1963
Arthur's previous columns are available on gilbertsubmits.blogspot.com.
It's no secret that I am not a fan of some of the
judges currently sitting on the Supreme Court. I'm talking about the
U.S. Supreme Court, aka SCOTUS. SCOTUS sounds like the name
of a pet. "Here Scotus;" "Be a good dog, Scotus;" "Lie
down, Scotus;" "Roll over, Scotus." Recently
we learned that SCOTUS does not consider itself anyone's pet. And
even though I disagree with many of
the recent majority decisions rendered by SCOT... whoops, I
mean our high court, referring to it as SCOTUS in light of some of its past glorious history
is demeaning. Granted we may differ concerning which opinions of the past
we consider glorious. Nevertheless, let's scuttle the
name SCOTUS. I bristle when people condemn a court for a decision they dislike... unless it is a
unanimous decision. A praiseworthy dissent or concurring
opinion deserves honorable mention.
I did some research on the origin
of the term SCOTUS. I thought it was part of
the recent trend to abbreviate everything, as in "call u
later," and POTUS. Hmm...recently I kind of potus when
I consider the head of state. In fact, it was in the last 20
years of the 19th century that
the acronym SCOTUS was first used. Why? It was all
about saving money. What else is new? It was faster and more economical
to write "SCOTUS" than the Supreme Court of the United
States in sending telegraph messages.
When I think of whom I
would have liked to sit on our high court, I
think of names like Roger Traynor or Learned Hand. Learned Hand--his first
name is so ... appropriate. But what were his parents
thinking when they named him? I can just imagine... the umbilical cord has just
been cut, or maybe even before he was born, Learned's parents decided to saddle the poor kid with the name Learned. And I bet
they would have done the same if they had a girl. In 1872, the year of Hand's birth, prenatal blood tests and amniocentesis had not been invented. It took
another 100 years for that to happen. "Our kid is so... or is going to be so
special, so brilliant, that our child's first name will
be Learned."
Can you imagine what the poor kid had to endure
in grammar school? Grammar school? What about, what do they call it now...
middle school? In yesteryear when I went to school, the
school one attended after grammar school
was called junior high school. Can you imagine
what poor Learned had to endure? It was a tough time for me
as well. Imagine what it was like having the name
"Art." For the discerning reader with a
rhyming dictionary, I need not elaborate.
And one of our nation's less impressive...
well, at least, not the least impressive president was
named Chester Arthur. Staying with "at least," at least his parents
did not burden him with the first name Arthur. Incidentally, General
MacArthur named his son Arthur. Because of Arthur
MacArthur's name, I took some heat when in 1951
President Truman recalled General MacArthur
for insubordination. Yes, I was around then, as a skinny 12-year-old.
Contrary to Truman's order not to do so, MacArthur threatened
to expand the Korean war beyond the 38th parallel and
possibly initiate a war with China.
I wonder
what Chester Arthur would have thought of
the principle that President Truman enforced--civilian
control over the military. More importantly, what do we
think of it today? And let's include freedom of
the press to express our views about it or anything else the
government does.
But getting back to the unlikely rise
of Chester Arthur to the presidency, I recommend "Death by Lightning," the Netflix series that dramatizes
in remarkable detail the short presidency of James Garfield and the unexpected presidency
of Chester Arthur. Arthur is at least credited with
establishing civil service reform, and though he
was opposed to the Chinese Exclusion Act, historians contend he
was politically compelled to sign a less onerous version
of the act that thankfully was mostly ignored. And
he implemented a program to build a strong navy with
steel cruisers instead of those made of wood and canvas.
Pardon the apologetic tone, I just feel
duty bound to protect the name Arthur. Notice, I eschewed mention
of the roundtable.
Getting back to Learned Hand, and at the risk
of sounding presumptuous, I have something else in common with the learned judge beside
a problematic name. We both began our judicial careers at the age of 37. Unfortunately, that's
where the similarities end.
Names are just words, yet they illustrate how words
can have profound effects on our lives. "Learned" and "Arthur" are
inconsequential compared to a boy named Sue. Johnny Cash cashed
in on that one. Shel Silverstein wrote the song for a
male friend of his named Jean, who like me endured some razing
because of our names. Let this column be an inspiration to people
with troublesome names. We can and do overcome this handicap. But
our handicap is miniscule to that endured by one of the
prosecutors in the famous Scopes evolution trial, Sue Hicks. He
was named after his mother. I truly lucked out. My mother's name was
Gertrude.
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