9th Circuit

Solicitor General Elena Kagan: What Color Was Her Pantsuit?

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Elena Kagan 3 Harvard Law School Above the Law Elana Kagan Elena Kagen.jpgIn her excellent interview with Chief Judge Alex Kozinski at the Ninth Circuit Judicial Conference, Solicitor General Elena Kagan poked gentle fun at the controversy surrounding what she should wear while arguing before the Supreme Court, as the first female Solicitor General. She quipped: “That this is the big question of the Washington Supreme Court bar probably tells you something about the Supreme Court bar.”
And yet, despite making light of the issue, Solicitor General Kagan simultaneously built the suspense over what she would wear to One First Street. She deflected Judge Kozinski’s inquiries regarding her attire: “I’ve ostentatiously kept it a secret as to what I’m doing. If I told you, I’d have to shoot you.” (She was willing to admit, under intense questioning from Judge Kozinski, that she would not be arguing in Jimmy Choos.)
On Wednesday, Solicitor General Kagan ended the suspense, when she appeared before the Court to argue the Citizens United case. For recaps of the argument in this important and highly charged case, see Adam Liptak and Dahlia Lithwick.
We’ll focus on what really matters: What did Solicitor General Kagan wear on Wednesday? She eschewed the traditional morning coat, or some feminized version thereof, in favor of a pantsuit.
And that’s where the disagreement begins. Leading Supreme Court correspondents had different takes on its color. Tony Mauro of the Legal Times described it as “a businesslike black pantsuit with an open-collared white blouse.” But Dahlia Lithwick of Slate described it as “a tasteful blue pantsuit.”
So, what color was the Solicitrix General’s pantsuit? We reached out for comment to someone who ought to know: the SG herself.

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Morning Docket 09.08.09

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hillary-the-movie.jpg* Free speech goes head to head with campaign finance laws at the Supreme Court today. [Washington Independent]
* The 9th Circuit ruled that John Ashcroft can be sued by a Muslim man who suffered under the former AG’s anti-terrorism strategies. [Washington Post]
* An Ohio judge makes his scarlet letter neon yellow. [New York Daily News]
* Judges are the ones regulating Wall Street. [Bloomberg]
* An ex-partner in Florida has sued the chairman of his former firm for wrongfully firing him after a confrontation over firm funds being used to support Hillary Clinton, among other misdeeds. [Courthouse News Service]
* In Texas classrooms, Obama is shunned, but Bibles may be a requirement. [Houston Chronicle]
* More retired judges do it for free. Now in North Carolina. [Raleigh News & Observer]

Weekend Non-Sequiturs: The Ninth Circuit Conference

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Ninth Circuit seal small 9th Cir.jpgHere’s a final collection of links from the recent Ninth Circuit Judicial Conference, an event we were privileged to attend and to speak at last week. We thank the Ninth Circuit for the generous hospitality and warm welcome.
* We shared the stage with Nina Totenberg, Linda Greenhouse, and an esteemed federal judge (Judge Robert Lasnik (W.D. Wash.)). Somebody pinch us; was that a dream? [Legal Pad]
* What to expect from Solicitor General Elena Kagan. Also: she supports cameras in the courtroom at One First Street. [San Francisco Chronicle]
* If you’re planning a trip to Monterey or Santa Cruz, here are some good travel tips. [dagblog]

At the Ninth Circuit Conference: Kathleen Sullivan and Janet Napolitano

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Kathleen Sullivan Kathleen M Sullivan Stanford Law School.jpgGreetings from the Ninth Circuit Judicial Conference. We’ve been having a great time schmoozing with federal judicial celebrities, here in lovely (but surprisingly chilly) Monterey.
Yesterday we participated in an excellent panel discussion about the future of journalism, together with some boldface names: Linda Greenhouse (moderator), former Supreme Court correspondent for the New York Times; Nina Totenberg, of NPR; Judge Robert Lasnik, chief judge of the Western District of Washington; and Hal Fuson, Executive Vice President, Copley Press. We got to play the role of blogger-barbarian at the gate, which was fun.
Janet Napolitano Secretary Janet Napolitano.jpgWe’ve also enjoyed attending the excellent educational programs and speeches. Two of the early highlights: a review of the U.S. Supreme Court’s recently completed Term, by the noted constitutional law scholar and former Stanford Law School dean, Kathleen Sullivan (top right); and a speech by Homeland Security Secretary Janet Napolitano (center right). We got to meet both Dean Sullivan and Secretary Napolitano — both of them possible Supreme Court nominees, both of them fabulous — and it was thrilling.
(We even got Secretary Napolitano’s business card. Who knew that Cabinet members got business cards? Does President Obama have a business card?)
We were planning to write up both of these events, until we saw the excellent accounts of Articleman over at dagblog. We refer you to his delightful write-ups (links below).
The Ninth Circuit Judicial Conference: Dean Kathleen Sullivan Speaks on the Supreme Court [dagblog.com]
The Ninth Circuit Judicial Conference: Secretary Napolitano Speaks About Our Security [dagblog.com]
P.S. If you’d like to see our rough notes on Dean Sullivan’s SCOTUS round-up, click here to download (Word document). But these notes are very rough, not converted to polished prose; you’re much better off with Articleman’s elegant summary.

Legal Eagle Wedding Watch 7.12: French Kissing

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champagne glasses small.jpgRejoice, wedding fans! We have some compelling mid-summer material for you this week: Wachtell, SCOTUS, lesbians, French nobility — read on for the details on all of that and more, as reported in the New York Times and filtered by us.
Our finalist couples:

1. Rebecca Gutner and Rodman Forter Jr.
2. Laura Hammond and Christopher Hemphill
3. Laure de Vulpillières and Vanessa Dillen

Admire these couples’ achievements, after the jump.

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Chief Judge Kozinski Cleared of Misconduct By Judicial Panel

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Kozinski.jpgSomeone’s July 4th weekend is off to a good start. Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit, has been cleared of misconduct by the panel of Third Circuit judges that was tasked with investigating him. As you may recall, Chief Judge Kozinski called for an investigation of himself, after it was revealed that he had a “website” — which wasn’t really a website, for reasons previously explained by the judge’s wife, Marcy Tiffany — containing some sexually explicit material.

The Third Circuit Judicial Council’s unanimous opinion, authored by Chief Judge Anthony Scirica, is available here (PDF). It was actually filed on June 5, but only made public today. It’s thorough and lengthy, weighing in at 38 pages, and describes in detail the extensive investigation conducted by the council (with the assistance of outside lawyers, from Dechert and Morgan Lewis, and a technology consultant).

To those with a deeper familiarity with the facts of the case, as opposed to just the headlines, Chief Judge Kozinski’s vindication is not surprising. The judge violated no law; rather, the “website” — actually just a private family file server, although imperfectly secured for a period of time, as explained in the opinion — was a personal matter unrelated to his judicial duties. To the extent that the (overblown) public controversy created a problem in an obscenity trial that Judge Kozinski was presiding over at the time, any problem was obviated when the judge recused himself. And let’s not forget that the whole controversy was originally kicked up by a disgruntled litigant, Cyrus Sanai, who tried peddling the story for months before someone finally bit — and who “has been targeting Kozinski for years,” as noted by Ted Frank.

So congratulations, Judge Kozinski, on putting this matter behind you. We look forward to catching up with you at the Ninth Circuit Judicial Conference later this month.

A few updates and links, after the jump.

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The Ninth Circuit Curse Strikes Again

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Thumbnail image for John Ensign Senator John Ensign.jpgRemember the Ninth Circuit Curse? We wrote about it back in 2007, noting that “anyone who tries to mess with the Mighty Ninth eventually finds himself (or herself) in deep doo-doo.” Several politicians who have advocated splitting the Ninth Circuit — a sprawling court that can be challenging to administer, to be sure — have found themselves in some form of trouble or another. E.g., Senators Larry Craig, Ted Stevens, and Lisa Murkowski.
Now they’re joined by another. Although his sex scandal is being overshadowed by that of another Republican politician, Nevada Senator John Ensign (pictured) is watching his popularity plummet, after he admitted to an affair with an ex-staffer (who was once on the Ensign payroll, along with her husband). He may face an investigation into his conduct.
If anyone was going to fall victim to the Ninth Circuit Curse, it would be Senator Ensign. As noted on his website, “Senator Ensign has… taken the lead on legislation to split the Ninth Circuit Court of Appeals.” Not only did he push hard for splitting the circuit, but he actually testified in support of the split, at the time of the last big push for dividing the court.
The full tally of victims, after the jump.

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Morning Docket 02.23.09

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* Legal experts write a letter to Congress suggesting term limits for Supreme Court justices. [The Washington Post]

* SCOTUS will discuss whether judges should excuse themselves from voting in cases involving big campaign contributors when they hear a case involving a West Virginia judge. [Detroit Free Press]

* 3 jurors who convicted Alfred Trenkler of a bombing that killed a Boston Police officer wrote letters begging the judge for a new trial, after a book about the case convinced them of his innocence. [The Boston Globe]

* Today in Houston, U.S. District Judge Samuel Kent will go on trial, facing accusations that he fondled two female court employees. [The Associated Press]

* Madoff‘s investors wont have an easy time in court; securities law is not on their side. [The Washington Post]

Morning Docket 02.12.09

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gavel.jpg*Some important notes about Cyber-Bullying from David Lat. [Portfolio]

* Senator Schumer has recommended that Obama choose his chief counsel Preet Bharara as Manhattan’s next U.S. attorney. [The New York Times]

* In other New York news, the state senate confirmed Judge Johnathan Lippman to replace Judith Kaye as chief judge. [Newsday]

* South Africa’s high court ruled that South Africans living abroad should get the right to vote, which could affect likely president Jacob Zuma. [The Los Angeles Times]

* Monday we wrote about extraordinary rendition; yesterday the House and Senate introduced bills that would limit the President’s “state secrets” privilege. [The Boston Globe]

* A state-ordered suspension of jury trials in New Hampshire to save money during the recession could prevent justice from being served. [Bloomberg.com]

* A-rod may not be the only outed baseball star, the California 9th circuit court will soon decide whether the list of 104 players that tested positive for steroids in 2003, will be admissible in court. [MLB.com]

Morning Docket 2.9.09

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* The U.S. government may force GM and Chrysler into bankruptcy to ensure re-payment of the $17.4 billion bailout to taxpayers. [Bloomberg]

* A hearing today before the Ninth circuit in San Francisco will provide insight in to the administration’s views on extraordinary rendition–the secret transfer of a terror suspect from one state to another. [ABC]

* The Italian Senate will discuss a “Right-to-die” bill designed to keep an Italian woman on life-support. [The International Herald Tribune]

* When will the baseball steroid scandal ever end? Sportsfans are up in arms about reports that Alex Rodriguez used steroids in 2003. [Reuters]

* A new book “Claudette Colvin: Twice Toward Justice,” sheds light on a forgotten hero in the civil rights movement and the legal fight to de-segregate busses. [The Associated Press]

* Need a job? Attorney Michael D. Hausfeld, who once represented Holocaust victims against Swiss banks, started a law firm that focuses on protecting businesses against global cartels. [The Washington Post]

Kozinski & Lat Take Manhattan

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Alex Kozinski David Lat Los Angeles.jpgIf you missed our recent event with Chief Judge Alex Kozinski (9th Cir.) in Los Angeles, and if you’re here in New York, feel free to swing by Columbia Law School at around noon tomorrow:

A Judge in Full: Personality and Jurisprudence

When: Thursday, January 22, at 12:10 PM
Speakers: The Honorable Alex Kozinski, Chief Judge, Ninth Circuit; David Lat, Founder, Above the Law
Where: JG 106, Columbia Law School, 435 West 116th St. (at Amsterdam Ave.)
Cost: Free and open to the public. Lunch will be served.

Thanks to the Columbia Law School Federalist Society for hosting the event. We hope to see you tomorrow.

Update: If you missed the talk, here’s a write-up, from Ben Hallman of the American Lawyer.

A Judge in Full: Personality and Jurisprudence [Columbia Law School Federalist Society]

Earlier: Kozinski & Lat: The Podcast

Kozinski & Lat: The Podcast

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california dreaming.jpgWhile David Lat’s west coast rampage continues — he just finished speaking at UCLA — the good people from the Federalist Society furnished us with a podcast of Lat’s lunch talk yesterday with Chief Judge Alex Kozinski (9th Cir.).

If you weren’t able to make it yesterday, or you live in the part of the country that the Sun God Ra has marked for eternal suffering, check out the podcast below.

Update: A write-up of the talk is available here.

A Judge in Full: Personality and Jurisprudence [Federalist Society]

Ninth Circuit Judges Remain Collegial, Kozinski Says [Metropolitan News]