Quote of the Day: Change Places with the Court

"Courts of appeal are not filled by Demigods.  Some members are learned, some less so.  Some are keen and persipicacious, some have more plodding minds.  In short, they are men and lawyers much like the rest of us.  ... 

...  They are not moved as perhaps an advocate may be by any hope of reward or fear of punishment.  They are simply being called upon for action in their appointed spehere.  They are anxiously waiting to be supplied with what Mr. Justice Holmes called the 'implements of decision.'  These by your presence you profess yourself ready to furnish.  If the places were reversed and you sat where they do, think what it is you would want first to know about the case.  How and in what order would you want the story told?  How would you want the skein unravelled?  What would make easier your approach to the true solution?  Those are the questions the advocate must unsparingly put to himself."

--Hon. John W. Davis, The Argument of An Appeal, 26 A.B.A. Journal 895, 896 (1940).