Lawyers Poised To Rule The World
The ABA Journal has sounded the starting gun on speculation about the lawyers ready to take prominent roles in the new administration. Depending on the presidential victor, names you know will become names that everybody knows.
Let’s jump into the ABA speculation on an Obama Administration. For U.S.A.G:
Eric Holder: Partner, Covington & Burling.Holder and Obama have been friends since they hit it off at a dinner party in 2004. He is the consummate Washington insider—a familiar fixture in the Clinton administration, but well-known to Republican administrations as well. Best known as a prosecutor, Holder was fresh out of law school when he was assigned to the newly formed public integrity section of the Justice Department.
ATL’s dark horse pick: Andrew Cuomo. It’s the only way to save the Democratic party in New York, otherwise 2010 will be a bloodbath.
White House Counsel:
Robert Bauer: Partner, Perkins Coie.He helped represent Minority Leader Tom Daschle during the Senate impeachment trial of Bill Clinton and was general counsel to Bill Bradley’s presidential campaign. He’s considered one of the nation’s top experts on the intricacies of campaign finance and writes about it regularly on More Soft Money Hard Law, a law blog devoted to campaign finance.
ATL says: No brainer. Remember, most of Obama’s Senate staff came from Daschle’s staff after Daschle lost his seat.
And the next SCOTUS justice:
Elena Kagan: Dean, Harvard Law School.In 1999, President Clinton tapped Kagan for the U.S. Court of Appeals for the District of Columbia Circuit, only to have the nomination blocked by the Senate Judiciary Committee, then controlled by Republicans. But many think an Obama administration wouldn’t hesitate to tap her for a vacancy on the U.S. Supreme Court.
OR:
Sonia Sotomayor: Judge, 2nd Circuit.She was first appointed to the federal bench by President George H.W. Bush, then to the appeals court by President Clinton. In 1995, she won the gratitude of baseball fans by issuing an injunction against team owners, setting the stage for the end of the eight-month strike that led to the cancellation of the 1994 World Series.
ATL’s pick: Dean Kagan. Sotomayor would be an easier confirmation to be sure. But we once suffered a Socratic demolition at the hands of then Professor Kagan in a 1L CivPro class, earning her enduring respect. More substantively Sotomayor has an excellent chance to pull a Justice Souter once she’s on the Court. She’s maybe the appropriate choice if Kennedy moves on, but if Obama is replacing Stevens he’d better tap Kagan.
McCain’s administration after the jump.
A McCain administration would be even more studded with Biglaw stars than Obama’s.
U.S.A.G:
A.B. Culvahouse Jr.: Chair, O’Melveny & Myers.Culvahouse moves behind the scenes on the inside of insiders’ Washington. He was President Reagan’s White House counsel from 1987 to 1989 and advised the president during the Iran-Contra investigation. He was Robert Bork’s handler in his unsuccessful bid for confirmation to the U.S. Supreme Court. He headed the search for McCain’s running mate, and he was agile enough to handle last-minute vetting of Sarah Palin and win a hotly contested third four-year term as chair of O’Melveny & Myers.
ATL’s dark horse pick: Rudy Giuliani. He’s been robo-calling for McCain, he brings a tenacity to the office, and he needs a job. Plus, Giuliani seems mavericky.
White House Counsel:
Ted Olson: Partner, Gibson, Dunn & Crutcher.[W]hen Republicans feared the march of conservative jurists might end with a maverick McCain in the White House, Olson came to the rescue at McCain’s request. The Federalist Society stalwart was named co-chair of McCain’s justice advisory committee, a clear signal that McCain’s judicial picks would stick with the program. As a result, Olson will be a serious candidate for White House counsel, at least for the first two years. He was assistant attorney general heading the Office of Legal Counsel in the Reagan administration.
ATL says: His conservative credentials are strong, but more than that he’s an excellent attorney. David Boies got famous off of Bush v. Gore, Olson won.
And the next SCOTUS justice:
Lillian BeVier: Professor, University of Virginia Law School.BeVier teaches constitutional law at the University of Virginia, and she’s vice chair of the Legal Services Corp. She was mentioned as a replacement for Justice O’Connor, but the nomination ultimately went to John G. Roberts Jr.
OR
Miguel Estrada: Partner, Gibson, Dunn & Crutcher.In 2001, Estrada was the first federal appellate court nominee to get filibustered by Democratic senators worried about tipping the balance of power on the Supreme Court. Estrada had not been named to the high court—just to the powerful D.C. Circuit. But so sure were Democrats that Estrada was being primed to be the first Hispanic justice, they decided to defeat his nomination before it was too late.
At Harvard, the Honduran-born Estrada was editor of the law review. He clerked for Justice Anthony M. Kennedy and joined the Clinton administration in 1992 as an assistant to the solicitor general. He’s argued 18 cases before the Supreme Court and is co-chair of Gibson Dunn & Crutcher’s appellate and constitutional law practice group.
ATL’s pick: Estrada. Not withstanding the current focus on Joe the Occupation, if McCain wins it will be in no small part due to high Hispanic turnout in Florida, in Colorado, and in Nevada. Aside from identity politics, Estrada has many of the same qualifications that helped Roberts breeze through the confirmation process. The Democrats were only able to stop him at the Circuit Court level because of a ridiculous filibuster that didn’t get the press coverage it deserved. But he’s going to be a very tough person for a Democratically controlled Senate to vote “no” on.
What are your thoughts?
The Lawyers Who May Run America (Dems)
The Lawyers Who May Run America (GOP)
(108) 
Comments
First
First?
First
Elie Mystal Speaks!
http://eliemystttalspeaks.ytmnd.com/
Make sure your speakers are on.
First?
Supreme Court? You better believe Obama would consider Judge Diane Wood of the 7th Circuit -- fellow UofC professor, highly accomplished, and every bit the intellectual equal of Posner and Easterbrook.
Mystallllll.....we know you are liberal but geezzz atleast pretend to not be biased....its not only liberals reading the ATL blog.....
@4 - You need a girlfriend. Now go back to playing in your own pud. Tool.
Not bad. Some good quips, showed a little insight...
Go Dean Kagan!
Elie Mystal Speaks!
http://eliemystttalspeaks.ytmnd.com/
Make sure your speakers are on.
The insults make me want to do it more!
"Not withstanding the current focus on Joe the Occupation, if McCain wins it will be in no small part due to high Hispanic turnout in Florida, in Colorado, and in Nevada."
You realize that McCain is currently polling about 25-30% of the Hispanic vote, right? He's getting decimated.
crickets
No one from Wiley Rein on the McCain team? Doubtful. Dick Wiley heads lawyers for McCain, and some younger WR partners are very active on the campaign.
Good post, Elie. This is the kind of content I'm looking for on a legal tabloid blog.
Perhaps more stories about farts, too.
Good post, Elie. This is the kind of content I'm looking for on a legal tabloid blog.
Perhaps more stories about farts, too.
4 = total douchebag...
I can only assume that you are the first generation of your family to walk on two legs.
It's Wood for sure with Obama.
Kagan was just an excuse to work in the "I went to Hahvard" reference for Elie.
"The ABA Journal has sounded the starting gun on speculation about the the lawyers ready to take prominent roles in the new administration."
Nice opening sentence. I particularly enjoy the the the the the the the extra "the."
More than a liberal bias there is a Harvard bias. We know you went to Harvard. So what?
Good god, MysTTTal, this story was published days ago...
4 = Schlomo the AIDS Slinger
"But we once suffered a Socratic demolition at the hands of then Professor Kagan in a 1L CivPro class, earning her enduring respect."
Are you trying to say that because she demolished you socratically she thereafter respected you, or were you trying to say that she earned your respect when she demolished you?
If the former, I don't quite understand why she'd respect you so much after brutalizing you. If the latter, you really need to start proofreading/editing.
17, don't be an idiot. I don't have to use my legs; I just ride your mom to work.
Your placement of the putative Obama nominees on the front page while requiring a scroll down to read the putative McCain nominees is inherently biased. What you should have done was contain both on the same page without the "jump" reference to McCain. It is no surprise that ATL, like every other rag, is in the tank for the next John Kerry, but at least make the presentation balanced.
Fearless prediction...
If McCain wins, at least one empty slot on SCOTUS would be filled (Senate approval aside) by Hardiman, CA3. Young and well-connected, conservative yet moderated by fairness, he fits the conservative and the McCain mold.
What is this idiocy of McCain winning on Hispanic turnout?
McCain is getting crushed by Hispanics. That 4-year racist orgy by the Republicans has, surprise, bit them in the ass.
No way on Estrada. If McCain wins, he'll still be dealing with a very hostile senate. He'll have to pick moderate republicans. Estrada is definitely not that.
*applies for 1L job in president obama's administration. YES WE CAN get paid 1L summer*
-nervous T-10 1L
Is gibson dunn super-conservative?
I think Rudy is not a long shot.
is gibson dunn super-conservative?
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
why go to gibson if they're going to leave?
I like how Obama talks about breaking up the old boy's network, but really just wants to replace the GOP old boy's network with the Dem old boy's network. His VP pick and potential administration heads are all Washington insiders. Obama will say anything to get elected.
Boies "got famous" off Bush v. Gore? You're an idiot. How could you not get Lat to write this article instead? You have no new information, no insight, and no particular writing skill. Please learn to recognize assignments beyond your skill level.
No chance on BeVier. Her and McCain went at each other over campaign finance reform. (Although she would be a great pick).
Harold Koh.
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
Here, I can complete the next 250 ATL posts:
Obama McCain Obama McCain Obama McCain Obama McCain Obama McCain Palin Obama McCain Obama McCain Obama McCain Obama McCain Obama McCain Obama McCain Palin Obama McCain Obama McCain Obama McCain Obama McCain Obama McCain Obama McCain Obama McCain Obama McCain Palin.
What about John Hutson for AG? Better yet, how about for SCOTUS!
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
Boies "got famous" off Bush v. Gore? You're an idiot. How could you not get Lat to write this article instead? You have no new information, no insight, and no particular writing skill. Please learn to recognize assignments beyond your skill level.
Guys in my HS suffered Socratic demolitions all the time. It was no big deal.
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
Bevier wouldn't get the nod just because of age. She wouldn't be reliably conservative enough either - more libertarian than conservative, despite her position as Queen of the Federalist Society
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
Estrada was fillibustered for a circuit seat. Why would a democratic controlled Congress allow him to be put on the Supreme Court? (Of course, you have to be living in fantasy land to think that McCain is actually going to win, so I suppose this is all pointless speculation anyway.)
Bonus for tapping Diane Wood (the best choice regardless): she went to Texas. Obama doesn't give the Republicans more "elitist" ammunition. Not to mention that the Court will need a non-Ivy if Stevens retires.
My thoughts? It's unfortunate that Elie's first readable & relevant post is almost entirely copy-pasted from another site.
Do some of your own work. Also, 23 is correct, and you need to make a fix. Elie, you suck.
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
I'm surprised there was no mention of Obama potentially nominating Cass Sunstein to SCOTUS. The two are very close, share the same judicial ideology and Sunstein has the respect of everyone in the legal community.
And no, I'm not Cass Sunstein.
"More substantively Sotomayor has an excellent chance to pull a Justice Breyer once she's on the Court."
What the fuck does this mean? What did Justice Breyer do once he was on the Court? Are you speaking of shifting ideologies? Do you mean Justice Souter? WTF???
Wow, this blog has become so... lame.
1. This article has been out for over a week. Other blogs covered it days ago (see, e.g., Volokh Conspiracy, which covered it on Tuesday). So not only are you blogging about unoriginal content, but it's old unoriginal content (by blog standards) that, moreover, other blogs have already covered. Yeesh.
2. The quality of comments speaks to the quality of the site.
3. Remember the days when Kozinski, Posner, and others who matter actually read Underneath Their Robes? Somehow I doubt that is still the case. Sigh.
"More substantively Sotomayor has an excellent chance to pull a Justice Breyer once she's on the Court."
What the fuck does this mean? What did Justice Breyer do once he was on the Court? Are you speaking of shifting ideologies? Do you mean Justice Souter? WTF???
54 - To be fair, I think even Justice Souter and Justice Breyer mistake themselves for each other once in a while.
"...he'd better tap Kagan"
Is this how I can get a job?
*furiously works out at gym and applys hair product in hopes of getting tapped by a biglaw associate"
- nervous T-10 1L
the real nervous T-10 1L would never quadruple-post.
*adds 'knows how to use the internets' to resume*
-nervous T-10 1L
Mark my words - Tobias Wolff for some court of appeals. And he's gonna be terrible.
the real nervous T-10 1L would never quadruple-post.
*adds 'knows how to use the internets' to resume*
-nervous T-10 1L
Think we're being a little hard on Elie, but yes, I've been having more WTF moments on ATL lately.
D'oh. I obviously meant Souter. Sorry about that mistake.
--Elie
To nervous T-10 person:
Please leave this site. No one cares about you.
Sincerely,
Your Parents
ps: Haven't you brought enough shame upon your family?
What about Judge Cabranes of 2nd circuit for SCOTUS in Obama administration. He is Hispanic and very highly regarded.
Why would Tobias Wolf be so terrible for a court of appeals appointment? Please try and back up your assertions
I love BeVier. She's just the best. Hilarious, graceful, and amazingly smart. Agree with the libertarian bent, but that might be nice for a change.
Law professors will not be named to the Supreme Court. All nominees will come from the federal bench.
What about Justice Leah Sears, Ga. S. Ct., for an Obama appointee?
god help us if Cuomo is USAG. what an arrogant ass.
Judge Colloton from the 8th Circuit if McCain wins. Midwest is next in line for a SCOTUS nod.
MysTTTal picks all Harvard for Scotus--who would have guessed.
THOMAS J. PERRELLI could be USAG or White House Counel... he served under Obama at HLS Law Review and has numerous accolades as a DC litigator.
Cass won't be moving to DC anytime soon -- the newly-wed is likely to remain close to his wife. But I do like the proposed SCOTUS justices.
(I wasn't hating Elie until this post. I don't care that you suffered a "a Socratic demolition at the hands of then Professor Kagan in a 1L CivPro class," or that you earn[ed] her enduring respect.")
the real nervous T-10 1L would never quadruple-post.
*adds 'knows how to use the internets' to resume*
-nervous T-10 1L
There was nothing wrong with Harriet Miers. She deserves another chance.
The only way a liberal law professor or dean survives a confirmation process is if Republicans don't do their research (unfortunately, a distinct possibility). Every top-10 law school dean opposes letting the military recruit on campus. Given that we are bogged down in two wars, that won't fly with the American public, constitutional arguments aside.
Obama, will have a tough time getting justices confirmed even with almost sixty votes since he voted against both Roberts and Alito.
Judge Colloton from the 8th Circuit if McCain wins. Midwest is next in line for a SCOTUS nod.
Sunstein is no more confirmable than Bork.
the real nervous T-10 1L would never quadruple-post.
*adds 'knows how to use the internets' to resume*
-nervous T-10 1L
65 -
Cabranes is well-regarded, but fairly conservative. I realize he is a Clinton appointee, but he reliably votes with the conservative wing of the second circuit (winter/walker/jacobs/raggi, etc.) in politically divided cases.
FYI, Boies became famous from the Microsoft anti-trust case, which was extensively covered by maintstream media.
Check Slate.com, wapo, and the nyt to confirm.
I'm nervous.
-nervous T-10 1L
79--I agree with you. Cabranes is too conservative for a true liberal like Obama who probably has been thinking about who he would nominate for 15 years.
I think you could see a Wardlaw appointment if Obama wins to ensure the Hillary vote in '12.
McCain wins --I think 76 has a point with Colloton. Young, brilliant, uper-conservative.
SCROTUS. Heh.
Oh wait--is that "SCOTUS"? My bad.
I'm nervous.
-nervous T-10 1L
I don't know why Mystal respects Kagan's "demolition" of him; I had her as my Civ Pro professor too, and she was generally a jerk. Rumor was she had gotten taken advantage of by some students in the past, and vowed to never let it happen again. So she intentionally intimidates every class she has (even when they are already intimidated 1Ls). Sometimes it was semi-justified (if people didn't do the reading); other times she misconstrued someone's comments and just went off (to the point where students considered writing her a public letter objecting to her behavior; she nipped this in the bud by apologizing the next day).
Other than being a jerk, she was a good professor. I imagine Civ Pro is as hard as any class to make interesting, and she did a pretty good job of it. And when she became Dean, she did a lot of good work improving the facilities. I'm not sure if she has the temperament to deal with a Nino broadside, though.
which firms are getting PNC/National City merger work?
Pull a Souter? Sotomayor is a reliably liberal vote. She was nominated by HW Bush as a compromise pick in order to secure Luttig's confirmation. There's nothing remotely conservative about her. She's a known liberal commodity.
86 -- S&C, WLRK, Cravath and Jones Day.
UVA2L
Is it necessary to work for a big firm in order to obtain these sorts of positions? Can a person obtain these jobs from the public sector?
So what? I'm still a rock star.
I'm nervous.
-nervous T-10 1L
Miguel Estrada sort of looks like Lat in that picture?
Miguel Estrada sort of looks like Lat in that picture?
Elie Mystal Speaks!
http://eliemystttalspeaks.ytmnd.com/
Make sure your speakers are on.
If elected, Obama will nominate Hillary Clinton for SCOTUS to make sure she doesn't challenge him in 2012 (like Ted Kennedy in 1980.)
If elected, Obama will nominate Hillary Clinton for SCOTUS to make sure she doesn't challenge him in 2012 (like Ted Kennedy in 1980.)
Hardiman troll needs to do better. Anyone can look up the guy's wikipedia site. Guys been on the bench a year, although a couple more previous to that on district court. Sure he married into a political family with juice in Pennsylvania that got him on the bench so quickly that there was a public outcry, but can they influence things in DC? No academic record at all. Even if he turns out to be the greatest judge since Learned Hand, so far his record is almost Harriet Miers-like.
Anyone hear anything about a "no '08 bonus announcement" coming out of Morgan Lewis - Philly?
bevier might be a nice human being but sucks as reasoning.
she was one of two profs at UVA who debated the pros and cons of palin (an event put together by a strange conservative women's group). bevier was essentially saying 'palin is great because she strikes a chord with the common man' - sadly she could not intelligently answer any of the student posed questions on why palin might not be talking to an even larger portion of the population, why it is an insult for women that she asks for the bar to be set so low, why she is one of the most divisive politicians in recent history given her repeated attempts to create division along the lines of class and race in the US. if she wasn't prepared to answer such questions, why would she participate in such an event?
plus, bevier just dismissed the women's rights movement in the country saying, i don't know about it and to me it doesn't matter. how sad. she can't even comprehend that without the women's rights movement she wouldn't be even where she is in a male dominated profession.
SCOTUS? dear lord, i hope not.
What about Deval Patrick? Close friends with Obama, double harvard, former US AAG- lots of speculation that he will be going on to D.C.
What about Deval Patrick? Close friends with Obama, double harvard, former US AAG- lots of speculation that he will be going on to D.C.
What about Deval Patrick?
Close friends with Obama, double harvard, former US AAG- lots of speculation that he will be going on to D.C.
What about Deval Patrick?
Close friends with Obama, double harvard, former US AAG- lots of speculation that he will be going on to D.C.
Like Posner and Easterbrook before him, Sunstein is a fantasy pick by law students that will never fly because his paper trail is way, way too long and opinionated.
I'm afraid whoever mentioned the Solomon Amendment issue against law profs and deans is right. A Dean Kagan nomination could end up really bad if a few really shameless Republican senators (plus the Falwell right) use the Solomon Amendment as a cover to raise nasty questions about her sexuality. It could get ugly. I think she'd survive it, but she might not want to go through it.
66 - Tobias Wolf is hands down the most arrogant person I have ever encountered. Beyond that, some claim he is bordering on insanity.
103 - Deval Patrick would be an excellent candidate for AG. He has said, though, that he is not interested in working in an Obama administration. He pretty much has to say that though, so I'm not putting much stock in it.
For SC, adding a woman to the Court might be a shrewd move for Obama. If so, Judge Lynch of the 1st Circuit was at or near the top of Kerry's list in '04. I wouldn't be surprised if she gets some consideration from the Obamam camp.
38 - "her and McCain" - nimrod.
99 - I pray to God that you don't go to my law school, the law school that hosted the debate about which you speak. To all of you 1Ls out there - Good luck in the upcoming years, folks! Businesses all around the country literally ghasped tonight upon learning Obama won. I was talking to a business owner tonight - and this is not a joke - who was literally on the brink of crying (he's going to be liquidating assets left and right). Oh, and as for the SC - if, God forbid, this nutcase actually gets to nominate someone(which, incidentally, I don't think will happen because he will only disgrace the White House for four years), you can bet your bottom-dollar, which will have decreased in value by that time, that it will be someone as loony, if not more, than this liberal, antiAmerican, sorry son of a . God save the United States. I hope all of you drown in your sorry, pathetic, shameless tears when this lunatic turns this country upside down. You'll get no sympathy from me.