Free The Court by William J. Coughlin

At that time there was some question about his mental abilities.”
    â€œSo you want me to influence Justice Howell if he comes back impaired, is that it?”
    â€œHow harsh and illegal you make it sound, Ben. I’m surprised. You aren’t being invited into any grand conspiracy, if that’s what you mean. But the work of the Court must go on. If, God willing, Howell makes a complete recovery, he will have the energy and ability to do the work and make the necessary decisions. However, if he doesn’t, he’ll need help. That’s all I’m saying.”
    Ben Alexander leaned forward. “That’s not what you’re saying. You’re threatening to reassign me unless I play ball with you. You want me to influence Howell if he does come back and isn’t fully capable of making his own decisions. You know, Grant, that really stinks.”
    Floyd Grant’s expression revealed no reaction as he quietly drew upon his pipe. “I’m leaving at the end of this year, Ben. The Chief is on the lookout for a chief clerk. You know what that means. The position is quite a springboard. I wasn’t kidding about Stanford and then Harvard for myself. That’s almost guaranteed. And only because I have served as the head clerk to the Chief Justice of the United States.”
    â€œHow nice for you.”
    â€œYes, as a matter of fact, it is. The head clerk position will be open when I leave. The job could be yours, Ben, given the right circumstances.”
    Floyd Grant was not exaggerating. Alexander knew that people who served as head clerk to the nation’s Chief Justice could write their own ticket in the legal world. Alexander said nothing, but waited for Grant to continue.
    â€œBen, I’m sure you’re aware, as I am, that clerks have served as unofficial justices of the court in the past. This isn’t the first time that a sitting justice has had such problems.”
    Alexander nodded. It wasn’t well known, but several past justices had drawn the salary while bright young men had made the ultimate decisions. The situation wasn’t unique.
    â€œYou know how the Chief works. He’s like a congressman hunting votes. He trades off with this one, pairs with another, and promises future decisions to get his way. You know how he works.”
    Alexander nodded. “Yes. What does he want from me?”
    The pipe had gone out, but Grant continued to puff on it, his only display of nervousness. “You put things so bluntly, Ben. Really, it’s not good form. Nothing is expected of you. But if the circumstances present themselves, you could be helpful. For instance, the Chief is very interested in the vote on the Electoral College case. Are you familiar with the issue?”
    â€œIt’s simple enough.”
    â€œExactly. The constitutional amendment received the necessary state votes for ratification, but by the time the last state voted, two others had withdrawn their approval. The question is whether a state can reverse itself, having once voted, or whether the only vote counted is the original. If they can reverse, then the amendment doesn’t have enough votes to pass, and the proponents know they can’t get anymore. Those who want the Electoral College abolished say the reversals don’t count. And those in favor of the Electoral College say the reversals by the state legislatures killed the proposed amendment. The Supreme Court must decide which side is correct. Basically, it boils down to a problem of simple constitutional construction.”
    â€œBut the decision could change fundamentally the way a president is elected.”
    â€œPrecisely. A simple issue but with a tremendous effect.”
    Alexander waited. Grant chewed on the pipe for a moment, as if composing his thoughts. “The Court is divided, if the Chief’s poll is accurate. Your man’s vote will make the difference. The Chief is voting to keep the