[msb-alumni] Re: Bernstein making history on Michigan's top court

  • From: Steve <pipeguy920@xxxxxxxxx>
  • To: <msb-alumni@xxxxxxxxxxxxx>
  • Date: Wed, 31 Dec 2014 14:23:42 -0500

BlankWell, that's because he hasn't made any decisions, Fred.  He is the 
scion of the Call Sam Bernstein Law Firm.  He has no judicial experience; he 
was a public Trustee on the Wayne State Board of Governors or whatever they 
call that board, equivalent to the Board of Trustees at MSU or the Board of 
Regents at the Weasel University.

Steve
Class of '72
----- Original Message ----- 
From: Fredolver
To: msb-alumni@xxxxxxxxxxxxx
Sent: Wednesday, December 31, 2014 2:17 PM
Subject: [msb-alumni] Re: Bernstein making history on Michigan's top court


I had read this message once, however in reading it a second time, I 
discovered that in no way does the article speak at all to his legal acumen. 
It seems to want to cover everything else that he has done aside from his 
legal career and not touch at all on decisions that he has made as a lawyer 
people he has worked with or attempted to serve. It seems to me that his 
legal career ought to at least be as important as the other things at which 
he has done in his life, if not more. Especially if he is to serve on the 
Supreme Court. Fred Olver

Sent from my iPhone

On Dec 29, 2014, at 7:21 PM, Steve <pipeguy920@xxxxxxxxx> wrote:


  Ok, this article kind of ticked me off.  If others feel like I do, write 
your letter to the editor.  I haven't written yet, but my reaction is below.
  Steve

  Bernstein making history on Michigan's top court DETROIT (AP) Richard 
Bernstein officially joins the Michigan Supreme Court in a few days. But 
he's been working off the clock since November, preparing for 10 cases in an 
extraordinary way memorizing the key points of every brief read to him by an 
aide. Bernstein, 41, has been blind since birth. After winning the election, 
an assistant at his family's Detroit-area law firm began reading briefs to 
him for mid-January arguments, including a medical marijuana case and a 
labor dispute covering thousands of state employees. "It would be much 
easier if I could read and write like everyone else, but that's not how I 
was created," Bernstein said. "No question, it requires a lot more work, but 
the flip side is it requires you to operate at the highest level of 
preparedness. This is what I've done my entire life. This goes all the way 
back to grade school for me. Michigan has never had a blind judge on its 
highest court, and few other states have. In Missouri, Justice Richard 
Teitelman has been legally blind since age 13. Judge David Tatel, who is 
blind, sits on a federal appeals court in Washington, D.C. "Every new 
justice has to make a transition from whatever life he or she had before," 
Chief Justice Robert Young Jr. said. "His will be different than others, but 
he's extraordinarily successful and very driven. You don't enter Ironman 
competitions without having a steel backbone. Indeed, Bernstein's remarkable 
background undoubtedly appealed to voters. He has run more than 15 
marathons, and in 2008 completed a triathlon by riding a bike 112 miles, 
running 26.2 miles and swimming 2.4 miles with the help of guides. In 2012, 
he made headlines in New York City after being struck by a speeding 
bicyclist while running in Central Park, a collision that put him in a 
hospital for weeks. Bernstein is widely known in southeastern Michigan 
because his family's personal-injury law firm regularly advertises on TV. He 
spent more than $1.8 million of his own money to campaign for the state 
Supreme Court. His slogan? "Blind Justice. As one of only two Democrats on 
the seven-member court, Bernstein is unlikely to crack the court's 
conservative sway. But he's still expected to make a difference. "His own 
experience and background is different than anyone else's at the conference 
table," said Justice Bridget McCormack, who was a law professor before being 
elected in 2012. "Richard knows a whole lot about disability law the rest of 
us don't. We don't get a lot of those cases. Who knows how it will be 
useful? Bernstein will be sworn into office on New Year's Day. Timothy 
MacLean, his assistant for three years, has been reading briefs aloud to 
prepare him for the court's first batch on oral arguments on Jan. 13. "We do 
use technology but technology can only take you so far," Bernstein said. "I 
internalize the cases word for word, pretty much commit them primarily by 
memory. I'm asking the reader to pinpoint certain things, read footnotes, 
look at the legislative record. Hearing arguments and writing opinions is 
only part of a Supreme Court justice's job. They meet weekly to decide 
whether to accept or reject appeals in more than 2,000 cases a year. Because 
he's blind, Bernstein will be having many conversations with his law clerks 
instead of communicating through email or long memos. "My chambers will be 
unique," he said. "Not many clerks will have as much interaction with a 
justice as mine will. Follow Ed White at http://twitter.com/edwhiteap

  I think Justice Bernstein does an injustice to blind people.  It sets the 
impression that only the super-blind can succeed and then only with the help 
of aides.  I know Richard is Braille and apparently technology-averse, but 
those of us who are competent can use technology to perform productively in 
upper-level careers in the private sector and government.  I think this 
article leaves a misimpression in the public's mind.

  Steve
  Class of '72 

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