New York Times

For a Collegial Court, Justices Lunch Together, and Forbid Talk of Cases

June 2, 2016

by Adam Liptak

WASHINGTON — As the Supreme Court term enters the homestretch, just hours before an internal deadline on Wednesday for circulating all draft majority opinions, two justices made an unusual joint appearance to discuss the secret ingredient for a collegial court.

“Eating is sacred,” Justice Sonia Sotomayor told a large audience at the Smithsonian’s National Museum of American History. “You should not waste a meal.”

Most of the justices eat lunch together on days the court is in session. They have an occasional drink, too, Justice Ruth Bader Ginsburg said.

“Whenever a justice has a birthday, the chief brings in some wine and we toast the birthday boy or girl,” she said. “We sing ‘Happy Birthday.’ ”

This is not always pretty, Justice Ginsburg said. “Truth be told,” she said, “most of them can’t carry a tune.”

The justices also have a festive dinner before the State of the Union address.

“One year, Justice Kennedy came with a couple of bottles of Opus One,” Justice Ginsburg said, referring to a very good wine. “That was the first time I fell asleep during the State of the Union.”

In Chief Justice John Marshall’s time in the early 1800s, when the justices lived together in a boardinghouse, they took a vow of temperance, saying they would drink their beloved Madeira wine only on rainy days. This was a flexible rule, Justice Ginsburg said.

“The chief justice looked out the window, and the sun was shining brightly,” she said. “And he said, ‘Somewhere in the world, it’s raining.’ ”

The regular lunches these days feature a distinct protocol.

“We don’t talk about cases,” Justice Sotomayor said. “That’s our absolute rule.”

“There is no topic that’s off limits, but we try to avoid controversial ones,” she added. “We’re very guarded about raising topics that might create hostility.”

Instead, she said, they talk about books, vacations and grandchildren.

Justice Ginsburg interrupted. “You left out one favorite topic, to which I never contribute,” she said. “And that’s sports.”

The tradition of guest lunch speakers has fallen away. Only two were invited back for a second visit: Alan Greenspan, a former chairman of the Federal Reserve, and James Wolfensohn, who was president of the World Bank. “Those two had the uncanny ability to eat lunch and speak,” Justice Ginsburg said.

The two justices ticked off favorite foods of current and former colleagues.

Justice Sandra Day O’Connor, who retired in 2006, used to bring beef jerky. Justice David H. Souter, who retired in 2009, would subsist on a lunch of “plain yogurt,” Justice Ginsburg said, with distaste. “Just plain yogurt.”

Justice Sotomayor, who succeeded Justice Souter, said he might have brought the occasional apple. Justice Ginsburg said that was for “later in the day.”

Justice John Paul Stevens, who retired in 2010, favored cheese sandwiches on white bread with the crust cut off.

Chief Justice John G. Roberts Jr. orders a salad for lunch from the court’s cafeteria, Justice Sotomayor said, while Justices Anthony M. Kennedy and Samuel A. Alito Jr. bring food from home. “And sometimes I see Sam’s fare and think maybe I should eat dinner with him,” she said.

As for Justice Ginsburg, her colleague said, “the treat she’s most fond of is muffins.”

Food delivery to the court has apparently improved since 2013, when Justice Sotomayor complained about the difficulty of getting takeout.

“I go to New York, I order food, it’s at my door in 10 to 15 minutes. O.K.?” she said. But in Washington, she said, “there isn’t a place I call where it doesn’t take 45 minutes.”

“And then, getting the food delivered to the Supreme Court?” she went on. “They’ve got to stop at security, security has to call you, you’ve got to go downstairs. By the time you get downstairs, you may add another 15 minutes to the 45 minutes. And the food is ice-cold.”

On Wednesday, she said she had instructed her law clerks to research the problem, adding that she now had two go-to favorites: sushi and Indian food.

She keeps candy in her office, “which is a very unusual thing for a diabetic,” she said of herself. It encourages people to come talk to her, she explained.

The court suffered a culinary loss in February with the death of Justice Antonin Scalia, an enthusiastic hunter. “He would bring everything back, from fish to fowl,” Justice Ginsburg said.

Justice Stephen G. Breyer received a gift of pheasant and tried to introduce his grandchildren to the dish, Justice Sotomayor said. Hearing that they should be wary of biting into a pellet that had helped kill the bird, they refused to eat it.