i did raise it in a second concurrence to raise these questions. i don t know how i would rule if i were a supreme court justice on the question, have to be honest with you because i would want to do what a good judge does, keep an open mind, read the briefs, and i could change my mind. i think of my old boss when i clicked for him. he wrote a panel opinion going runway at the being of the year and by the end of the year, he wrote an opinion for the full court reversing his panel opinion. some people say that as a man who does not have a spine, something like that. i say that as a judge with an open mind. speaking for myself, the idea that agencies, unelected bureaucrats, have the latitude to interpret their own legal
written by jackson. that s what deexisted. agencies would issue rules and decisions. i don t know what all the consequences would be. and i would pledge to you, i wasn t thinking about being a supreme court justice then. i was identifying an issue for my bosses. if i am so fortunate as to become a justice, i would try and come at it with as open a mind as a man can muster. and i would tell you, remind you who i would bear in mind would be david sentel. when i was with him as a law clerk, issued a panel opinion at the beginning of my year with him going one way. and then by the end of the year wrote for the full court reversing himself. now some people think that s that doesn t show a lack of sufficient steel. i think that shows an open mind and lack of ego, that a judge should bring to bear when he or she puts on the robe. and that s what i would commit