She says justices write memos, which are then printed out on ivory paper that looks like it came from the 19th century. The memos are walked around the building by someone called a “chambers aide.”
Justice Elena Kagan made an appearance in Providence, RI yesterday. Her most widely reported remarks revolved around the Court's use of paper for correspondence between justices. Born in 1960, Justice Kagan is 53, not quite four years older than I. While she is comfortable with basic use of
email, blogging and online surfing, it appears her peers are not.
“The justices are not necessarily the most technologically sophisticated people,” she said, adding that while clerks email each other, “The court hasn’t really ‘gotten to’ email.”
I don't doubt the truth of this statement at all. Many of the Justices are elderly by any definition. Scalia, Kennedy, Beyer and Ginsberg were all born before 1940. However, save for Thomas at 65, the rest are not even Medicare eligible and I know few people 60 or younger who are not familiar with at least surfing and email. A basic user does not need to know much; it's arguably less challenging than using a microwave to pop popcorn. Certainly their cadre of clerks are entirely comfortable with technology and could assist them. I can accept that the younger justices keep the process stuck in the past as a courtesy to the eldest among them...
almost.
Still, even though reporters asked her about current issues re the 4th Amendment and the NSA, none seemed to have asked the burning question I wanted to know:
Is the use of paper and couriering of memos for their internal consequence an intentional decision to maintain privacy from prying eyes of the Executive and its legion of intelligence contractors? In other words, is it partially based on fear?
I'd bet the farm that answer is yes.