The Tendency to judge is a recurring idea. It's interesting to note that even in a case involving the rights of justice that there's a tendency to judge others. The fact of Gideon's race is questioned by the attorney assigned to represent him in the Supreme Court appeal. Though there's no indication what difference it makes, Fortas is interested in ethnicity and in Gideon's past. When Gideon is later returned to court in Florida for a retrial, he's told that he's been assigned a particular attorney, Tobias Simon from the Florida Civil Liberties Union. When Gideon objects, saying that he doesn't want that attorney but wants one who he believes will be squarely on his side, Simon doesn't take it well. Simon later calls Gideon a "nut" and says it's unfortunate that such an important precedent is brought to law by the case of a person like Gideon.