Michelle Olsen

Attorney Michelle Olsen writes for the National Law Journal’s Supreme Court section and publishes Appellate Daily, a Twitter news feed and blog about federal appeals. She can be reached at appellatedaily@gmail.com.

Posts by Michelle Olsen

Looking back, the part of last week’s arguments at the U.S. Supreme Court that stands out most for me is the last hour (DOMA merits) — a fitting finale to two days of historic argument on same-sex marriage.

The way things unfolded, the last hour is why we all came. It is why people slept on the sidewalk for days. It is why Americans tuned in and logged on for updates. It is why the attorneys signed up to argue.

We were there to discuss the future of marriage in this country, how different people see it, and where state and federal governments fit in.

The Prop 8 argument went to those core issues the day before, but in fits and starts. A muddy hybrid of standing and merits.

The last hour of DOMA went there and stayed there. Merits were the only thing on the menu, and we ate it up….

double red triangle arrows Continue reading “The Big Week at SCOTUS: What Stands Out Most”

Looking at my notes from today’s United States v. Windsor argument on DOMA at the U.S. Supreme Court, “$Q” is everywhere. That’s my shorthand for “money quote.” The merits part of the argument was $Q after $Q, moments that made an impact, in some cases if only to show where a justice might be headed.

Here are five. Look forward to bringing you more in-depth analysis of the argument in the next couple of days.

double red triangle arrows Continue reading “The DOMA Arguments at SCOTUS: Five Money Quotes”

The scene outside One First Street after the argument.

Dearly beloved, we were gathered together at SCOTUS today to argue about these fourteen words: “Only marriage between a man and a woman is valid or recognized in California.”

But we talked a lot about standing. And we did a lot of standing.

What time did I get to the Court?

double red triangle arrows Continue reading “The Proposition 8 Supreme Court Arguments: Standing and Standing”

Ed. note: Lawyer and journalist Michelle Olsen, a member of the U.S. Supreme Court bar, attended today’s oral arguments in Hollingsworth v. Perry, the constitutional challenge to the Proposition 8 ban on same-sex marriage in California.

Her write-up of the proceedings will appear shortly. In the meantime, check out the photographs she took while at the Court, after the jump.

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Chief Judge Merrick Garland

Merrick Garland, chief judge of the U.S. Court of Appeals for the D.C. Circuit since last week, is dreading March 1.

With heavy stress on “not,” Chief Judge Garland said he does “not look forward” to the potential sequester because he knows that it would mean cuts and that he would have to make them.

Garland, along with fellow D.C. Circuit Judge Thomas Griffith and Senior Judge Laurence Silberman, spoke Saturday at the Georgetown University Law Center, as part of the J. Reuben Clark Law Society’s annual conference. I attended the panel presentation.

One positive of the new job for Garland is that he can make more writing assignments. Like Justice Breyer, he was a longtime junior judge. Translation: He had to take what he was given to write.

“The public has seen [Garland’s] last opinion on energy law,” Griffith predicted.

Read more about the panel, including Silberman’s jabs at the recess appointments decision, Griffith’s magical (?) clerk gift, and Garland’s limited edition headgear for a court party, after the jump….

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