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Exterminate This: The Tom DeLays and the lawyers.(Supreme Court justice Ruth Bader Ginsburg; House of Representatives majority whip Tom DeLay)

National Review

| March 05, 2001 | Derbyshire, John | COPYRIGHT 2001 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

In January of this year, Supreme Court justice Ruth Bader Ginsburg gave a talk at the law school of the University of Melbourne, Australia. Her topic was judicial independence, and in particular "assaults on judges from the political branches." To illustrate her point, she singled out the current majority whip of the U.S. House of Representatives:

One powerful member of the U.S. Congress, Tom DeLay, has advocated the impeachment of judges who render unpopular decisions that, in his view, do not follow the law. Mr. DeLay, who is not a lawyer but, I'm told, an exterminator by profession . . .

DeLay has, in fact, been a salaried elected official since 1978. Prior to that, he did indeed run a small exterminating business in Sugar Land, Tex. This fact became known early in his political career, and his opponents, as well as newspaper commentators and cartoonists, have had good sport with it for years. DeLay is surely used to the quips by now, though he may have begun to find them irritating, or perhaps just wearying: In the biography posted on his congressional website, he notes only that he "owned and operated a small business." He certainly took exception to Justice Ginsburg's remarks, though, and issued a spirited rejoinder:

I'm sure Justice Ginsburg does not believe that the judicial branch is above accountability. . . . I also reject Ginsburg's assertion that I am not qualified to offer an opinion on problems within our justice system. . . . I believe that average Americans-not just Ivy League lawyers-have both a right and an obligation to speak out when they see members of the judiciary overstepping the proper scope of the law.

This exchange illustrates two key features of our political life today: first, that we are undergoing a slow drift toward a mandarinized society run by an elite of law-school graduates who hold all occupations other than their own in more or less open contempt; and second, that resistance to this drift is alive and well, even in the lawyer-heavy U.S. Congress.

To run an exterminating business is, of course, to provide a very useful service to one's fellow citizens, much more useful than the ones most civilian government employees provide. I have no idea whether or not Albo Pest Control, the firm DeLay ran, was successful, and I bet Justice Ginsburg doesn't know either, but it is certain that without small firms like that, life would be very difficult indeed. And yet the law-school elites and their hangers-on regard those who provide these services with disdain-a disdain so internalized they assume that everyone else feels it too, so that they can be free to opine as Ginsburg did (even on foreign soil). Remember the comment of that other law-school graduate (and wife of a law-school graduate), Hillary Clinton, during the debate on her health-care plan, dismissing questions about the burdens it would place on small firms with the sneering remark that she could not "be responsible for every undercapitalized small business in America."

Remarks like these are now ubiquitous. I took a break from writing this article to watch a Fox News discussion about the Marc Rich pardon. There was Democratic strategist Bob Beckel-architect of Walter Mondale's 1984 presidential campaign-laying into Congressman Dan Burton, whom he referred to as a graduate of the "Iowa Institute of Auto Mechanics." It seems to me that on any rational scale of values, an auto mechanic ranks much higher in social utility than a ...

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