NOWOTNY INTERFERENCE

Nowotny interference -In the composition of chess problems, a theme in which two Black pieces obstruct one another’s ability to protect vital squares.

CHAPTER I

THE LATEST NEWS BY PHONE (I)

“This is the happiest day of my life,” burbles my wife of nearly nine years on what will shortly become one of the saddest days of mine.

“I see,” I answer, my tone conveying my hurt.

“Oh, Misha, grow up. I’m not comparing it with marrying you.” A pause. “Or with having a baby,” she adds as a footnote.

“I know, I understand.”

Another pause. I hate pauses on the telephone, but, then, I hate the telephone itself, and much else besides. In the background, I hear a laughing male voice. Although it is almost eleven in the morning in the East, it is just nearing eight in San Francisco. But there is no need to be suspicious: she could be calling from a restaurant, a shopping mall, or a conference room.

Or not.

“I thought you would be happy for me,” Kimmer says at last.

“I am happy for you,” I assure her, far too late. “It’s just-”

“Oh, Misha, come on.” She is impatient now. “I’m not your father, okay? I know what I’m getting into. What happened to him is not going to happen to me. What happened to you is not going to happen to our son. Okay? Honey?”

Nothing happened to me, I almost lie, but I refrain, in part because I like the rare and scrumptious taste of Honey. With Kimmer for once so happy, I do not want to cause trouble. I certainly do not want to tell her that the joy I feel at her accomplishment is diminished by my concern over how my father will react. I say softly, “I just worry about you, that’s all.”

“I can take care of myself,” Kimmer assures me, a proposition so utterly true that it is frightening. I marvel at my wife’s capacity to hide good news, at least from her husband. She learned some time yesterday that her years of subtle lobbying and careful political contributions have at last paid off, that she is among the finalists for a vacancy on the federal court of appeals. I try not to wonder how many people she shared her joy with before she got around to calling home.

“I miss you,” I say.

“Well, that’s sweet, but, unfortunately, it’s starting to look like I gotta stay out here till tomorrow.”

“I thought you were coming home tonight.”

“I was, but-well, I just can’t.”

“I see.”

“Oh, Misha, I’m not staying away on purpose. It’s my job. There’s nothing I can do about it.” A few seconds while we think this through together. “I’ll be home as soon as I can, you know that.”

“I know, darling, I know.” I am standing behind my desk and looking down into the courtyard at the students lying on the grass, noses in their casebooks, or playing volleyball, trying to stretch the New England summer as they leap about in the dying October sun. My office is spacious and bright but a bit disorderly, which is also generally the state of my life. “I know,” I say a third time, for we are at that stage in our marriage when we seem to be running out of conversation.

After a suitable period of silence, Kimmer returns to practicalities. “Guess what? The FBI will be starting to talk to my friends soon. My husband too. When Ruthie said that, I’m like, ‘I hope he won’t tell them all my sins.’” A small laugh, wary and confident at the same time. My wife knows she can count on me. And, so knowing, she turns suddenly humble. “I realize they’re thinking about other people,” she continues, “and some of them have awfully good resumes. But Ruthie says I have a really good shot.” Ruthie being Ruth Silverman, our law school classmate, Kimmer’s sometime friend, and now deputy White House counsel.

“You do if they go on merit,” I say loyally.

“You don’t sound like you think I’m gonna get it.”

“I think you should get it.” And this is true. My wife is the second-smartest lawyer I know. She is a partner in the biggest law firm in Elm Harbor, which Kimmer considers a small town and I consider a fair-sized city. Only two other women have risen so high, and nobody else who isn’t white.

“I guess the fix could be in,” she concedes.

“I hope it isn’t. I want you to get what you want. And deserve.” I hesitate, then plunge. “I love you, Kimmer. I always will.”

My wife, reluctant to return this sentiment, strikes out in another direction. “There are maybe four or five finalists. Ruthie says some of them are law professors. She says two or three of them are your colleagues.” This makes me smile, but not with pleasure. Ruthie is far too cagey to have mentioned any names, but Kimmer and I both know perfectly well that two or three colleagues boils down to Marc Hadley, considered by some the most brilliant member of the faculty, even though he has published exactly one book in a quarter-century of law teaching, and that came almost twenty years ago. Marc and I used to be fairly close, and I am not close to many people, especially at the university; but the unexpected death of Judge Julius Krantz four months ago ruined what slight friendship we had, sparking the behind-the-scenes competition that has led us to this moment.

“It’s hard to believe the President would pick another law professor,” I offer, just for something to say. Marc has been lobbying for a judgeship longer than my wife, and helped Ruthie, once a favored student, land her current position.

“The best judges are people who have practiced real law for a while.” My wife speaks as though quoting an official contest rule.

“I tend to agree.”

“Let’s hope the President agrees.”

“Right.” I stretch a creaky arm. My body is aching in just the right places to make it impossible to sit still. After breakfast this morning, I dropped Bentley at his overpriced preschool, then met Rob Saltpeter, another colleague, although not quite a friend, for our occasional game of basketball, not at the university gym, where we might embarrass ourselves in front of the students, but at the YMCA, where everybody else was at least as middle-aged as we.

“Ruthie says they’ll be deciding in the next six to eight weeks,” my wife adds, reinforcing my secret suspicion that she is celebrating far too soon. Kimmer pronounces Ruthie’s name with remarkable affection, given that, just two weeks ago, she derided her old friend to my private ear as Little Miss Judge-Picker. “Just in time for Christmas.”

“Well, I think it’s great news, darling. Maybe when you come home we can-”

“Oh, Misha, honey, I have to go. Jerry’s calling me. Sorry. I’ll talk to you later.”

“Okay. I love you,” I offer again. But I am declaring my affection to empty air.

(II)

Jerry’s calling me. To a meeting? To the telephone? Back to bed? I torture myself with risque speculations until it is time for my eleven o’clock class, then gather my books together and rush off to teach. I am, as you may have gathered, a professor of law. I am in the vicinity of forty years of age and was once, in the mists of history, a practicing lawyer. Nowadays, I earn my bread by writing learned articles too arcane to have any influence and,

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