Legal Commentary

Justice Souter raised a few eyebrows recently when he said, before an audience at the American Academy of Arts and Sciences, that -- as Tony Mauro reports -- "he undergoes a 'sort of annual intellectual lobotomy' when the Supreme Court term begins in October, a condition that he said lasts until the end of the term the following summer."  Now, taken out of context, this remark cries out for a snarky, "get over yourself" smack-down.  The Justice's larger point, though, about the importance of reading, the humanities, good books, etc., is certainly a welcome and important one.

What caught my attention, though, about Mauro's piece was his concluding paragraph:

That led Souter to his discussion of the need for a "habit of mind" that includes reading, intellectual curiosity and self-doubt. He ended by quoting Oliver Cromwell, the 17th century British leader, who once said these words should appear above the entrance of all schools, courthouses and public buildings: "Consider That Ye May Be Wrong."

This is a common use of Cromwell, but one that he would probably have rejected.  After all, when he wrote this he was not calling for a general policy of critical inquiry, toleration, and humble self-doubt, but rather cajoling his Scots-Presbyterian opponents for obstinately refusing to agree with Cromwell that Cromwell was right.