Among the few Brethren of the Bar who have dared to confront the pretensions of the Supreme Court in the Clare-mont series of cases was – and is – Eugene Van Loan III of the Manchester firm of Wadleigh, Starr & Peters, PLLC. Still others are simply work-a-day practitioners who have little interest in politics and little knowledge of constitutional law or history. Many lawyers actually like the trend, some because they realize that the more powerful the judges, the more powerful and better employed and paid are the attorneys who litigate before them, and others because they regard the legal fraternity as an elite who should not have to endure the slow and untidy political process in order to bring about social progress as they define it. Thanks in large measure to the power of professional life and death over the legal profession that the Legislature has conceded to the Supreme Court, those in the best position to know and to alert the elected branches to the false pretenses by which the judicial branch is systematically arrogating to itself authority vested by the Constitution in the elected branches – the lawyers – prefer to remain silent.
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