‘While You’re at It, Make It Sing’

David Post, who twice served as a law clerk for Ruth Bader Ginsburg:

Most of what I know about writing I learned from her. The rules are actually pretty simple: Every word matters. Don’t make the simple complicated, make the complicated as simple as it can be (but not simpler!). You’re not finished when you can’t think of anything more to add to your document; you’re finished when you can’t think of anything more that you can remove from it. She enforced these principles with a combination of a ferocious — almost a terrifying — editorial pen, and enough judicious praise sprinkled about to let you know that she was appreciating your efforts, if not always your end-product. And one more rule: While you’re at it, make it sing. At least a little; legal prose is not epic poetry or the stuff of operatic librettos, but a well-crafted paragraph can help carry the reader along, and is always a thing of real beauty.

She had the kind of fierce integrity that I think we all would want to see in a judge; she was always determined to get it right, to do right by the litigants and to do right by the law. She had her biases and her blind spots; we all do. But I have often said that if my life were on the line, I’d be happy if she were on the bench, because she would be as fair-minded when weighing the evidence as one could ever ask for.

Saturday, 19 September 2020