Jonathan Lurie

Ex-Justice Campbell: The Case of the Creative Advocate

It can be argued that so-called appellate judicial distinction sometimes results from a Justice basking in the positive reaction to a decision that may be based in part—or even in totality—on arguments raised by counsel. If this is true, who, then, is the distinguished figure? The successful advocate is one who can persuade an appellate court as to the soundness of the position he or she takes. The Justice gets the credit, while the attorney gets the fee. But is there more to being a great advocate besides winning cases? This article examines aspects of John Campbells career, in what may be called “the case of the creative advocate.” It will focus in particular on the greatest case he ever argued, the Slaughterhouse Cases,1 and will draw on the recent book I coauthored with Ronald Labbe.2