Classes & Obits

Class Note 1978

Issue

May - Jun 2019

In January Jim Bassett was elevated to a seat on the U.S. Supreme Court—but only for a day. Jim sat in Justice Stephen Breyer’s seat during an extraordinary 200th anniversary reargument of the Dartmouth College case that took place in the high court’s imposing courtroom, with Chief John Roberts presiding. An audience of 340 Dartmouth students, faculty, alumni, trustees, and friends watched former Acting U.S. Solicitor General Neal Katyal ’91 argue Daniel Webster’s case on behalf of the College. Former U.S. Solicitor General Gregory Garre ’87 took the part of Webster’s courtroom opponent, William Wirt.

Jim, who sits on the N.H. Supreme Court, chaired the planning committee for the bicentennial of the Dartmouth College case. He has devoted a big chunk of time and energy the last two years to organizing this and other events celebrating the famous decision, including a March symposium in Hanover.

Oral arguments 200 years ago were simply lengthy speeches, but the re-argument was done modern style, with a “hot bench.” Roberts invited Jim, N.J. Supreme Court Justice Anne Patterson ’80, and Sixth Circuit Judge Jeffrey Sutton to sit with him. Together they peppered the advocates with questions. Jim said that the chief justice, a devoted Webster scholar, “couldn’t have been more gracious and invested in the proceedings.” He added that Roberts, a graduate of Harvard and Harvard law, “struck a perfect balance between scholarly inquiry and humor, often alluding to the relationship between Harvard and Dartmouth.” Kaytal closed with Webster’s famous peroration that included the oft-quoted line, “It is, sir, as I have said, a small college. And yet there are those who love it.” Sustained applause followed.

After oral arguments, Roberts summarized the verdict rendered by the court 200 years ago. Jim noted from the bench that while Webster gets the credit, “he was the Mariano Rivera of the case,” referring to the Hall of Fame Yankee closer. He gave credit to two lesser-known New Hampshire attorneys who worked on the case, Jeremiah Smith and Jeremiah Mason. Jim compared them to legendary starting pitchers Sandy Koufax and Don Drysdale, saying they created the legal arguments that proved the foundation of Webster’s courtroom victory.

A healthy delegation of ’78s was in attendance, including Steve Adnopoz, Chris Simpson Brent, Scott and Mary Brown, Jeff Crowe, Bart Dickson, Tim Harrison, Jon Keeve, Rick Kimball, Kenny King, Rep. Annie Kuster (D-N.H.), Steve Mandel, Pierre Kirch, Chris Riley, Jon Walton, and Gerry Widdicome.Before the event,Sen. Rob Portman (R-Ohio) led some of the visiting ’78s on a private subterranean tour of the capital that included the old Supreme Court chamber where the decision was announced in February 1819.

“Surreal” is the word Jim used to describe sitting on the Supreme Court bench alongside the chief justice. “To have that unique view of the courtroom where so much history has been made, to sit on a panel of judges with the chief justice presiding, was an extraordinary and unforgettable experience.”

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Rick Beyer, 1305 S. Michigan Ave., #1104, Chicago, IL 60605; rickbeyer78@gmail.com