the JoLt fRoM BoLdt 133
a law saying state grades couldn’t be used in advertising out-of-state ap-
ples. Gorton asserted that North Carolina was violating the interstate
Commerce Clause of the federal Constitution. “That was an easy win.
What was not an easy win was whether we had any business in the federal
courts with this case. My client wasn’t a bunch of apple growers, who are
private parties. It’s the Washington State Apple Advertising Commission,
which doesn’t own any apples at all.” The major issue, then, was what’s
called “standing”—whether a party has the right to be in court.
A week before the high court was to hear the case, the American Bar
Association’s annual meeting happened to be in Seattle, with Chief Justice
Burger on hand to deliver his State of the Judiciary speech. The new U.S.
attorney general, Griffin Bell, was also there to meet and greet. Gorton
was the president of the National Association of Attorneys General, so
attendance was obligatory. Sally insisted he take her “because all he did
was talk about the Supreme Court.”
The reception afterward featured a cornucopia of Washington prod-
ucts—Chateau Ste. Michelle wines, WSU’s Cougar Gold cheese, smoked
salmon and whole pyramids of certifiably extra fancy Washington Red
Delicious apples. The Gortons dutifully made their way through a long
receiving line. After the chief justice offered a cordial “Good afternoon,
Mr. Attorney General,” Sally whispered to Slade, “You should have given
him a Washington apple.” He’d had a couple glasses of wine and thought
“Why not?!” He strolled over to the hors d’oeuvres table, selected one of
Washington’s finest, got back in line and handed it to Burger, saying,
“Mr. Chief Justice, this is an extra fancy Washington Red Delicious apple.
Remember it a week from tomorrow!” When it hit him—quickly, too—
that this act amounted to an attempt to prejudice the chief justice of the
United States, he imagined the first words out of Burger’s mouth a week
hence would be “Marshal, take that man away in chains!”
The court unanimously struck down the North Carolina law, with
Burger delivering the opinion. Gorton framed another quill.^38