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D.C. Circuit

Quinn Emanuel Associate Has Reservations About ‘Redskin’ Victory

quinn redskins.jpgHere’s a post devoted to the perils of “Reply All” and idealism among first-year associates. Brought to you by the attorneys of Quinn Emanuel.

The firm just celebrated a victory in its Washington Redskins case, reports the Washington Post:

A federal appeals court yesterday handed the Washington Redskins another victory in their long-running legal dispute with Native American activists over the team’s name.

The appeals court did not address whether the name was offensive but upheld a federal judge’s ruling last year that a Native American man had waited too long to challenge six Redskins trademarks.

AmLaw Daily reports that Quinn attorney Robert Raskopf, who has been working on the case for as long it has been since the Redskins have seen a Superbowl stadium, was pretty psyched about the victory:

Raskopf was in a good mood when we spoke with him about the appellate win. He’s been on the case since it started 17 years ago. “It’s a great win for the team,” said Raskopf, who had help from Quinn partner Sanford Weisburst on the brief. “I’m so happy for the Redskins and their fans.”

Raskopf was so happy on Friday that he sent out a firm-wide victory e-mail. But not everybody was thrilled. After bouncing around the firm and racking up some responses, the victory chain made its way to our inbox via a tipster:

This is too good not to share. This was sent to all Quinn attorneys.
—-
The First Year Associate Who Shat All Over Raskopf’s Victory Email OR The First Year Associate Who Repurposed the Redskins

After the jump, see the chain that culminates in a (soon-to-be-fired?) first-year associate’s plea for idealistic litigation at Quinn.

Continue reading "Quinn Emanuel Associate Has Reservations About ‘Redskin’ Victory"

Morning Docket 12.16.08

poker.jpg* Poker chip thief sniped!!! (thank goodness) [Norwich Bulletin]

* Budweiser (Bud) beer cannot corner the market on it’s name anymore. The EU high court took away Anheuser-Busch’s famous trademark—a big win for Czech beer company “Budvar”. [Associated Press]

* The Supreme Court breathed life in to the lawsuit of former Gitmo detainees, British Muslims who want top officials (including Donald Rumsfeld) held responsible for their torture at the prison. [The Los Angeles Times]

* Bankruptcy filings are up 30% this year, and New York filings are happening at a faster rate than the rest of the Nation. Maybe this time Wall Street is suffering more than mainstreet? (doubtful). [The New York Times]

* Madoff’s lawyer John R. Wing, known as “Rusty” says Madoff’s family had nothing to do with the ponzi scheme (am I the only one who thinks of the Fonz every time I hear ponzi scheme). [The New York Times]

* A Senator says the U.S. Treasury may adopt a plan that would force automakers into bankruptcy if they can’t make it without the government’s help. [Bloomberg]

Legal Eagle Wedding Watch 8.24: Herb-al Essence

champagne glasses small.jpgAs we expected, celebrity professors Cass Sunstein and Samatha Power were the winners of last week’s July Couple of the Month voting, running away with over 60 percent of the vote. Congratulations to this nerdy-hot duo!

This week’s set of contestants might be the strongest we’ve seen this season. Their write-ups feature five Harvard degrees, a Rhodes, and one of Biglaw’s most exalted surnames. Here are the names of the newlyweds:

1. Geneviève Treuille and Daniel Wachtell

2. Melissa Langsam and Todd Braunstein

3. Amanda Schwoerke and Stephen Sachs

Read more about these couples — and see their pictures — after the jump.

Continue reading "Legal Eagle Wedding Watch 8.24: Herb-al Essence"

The Sarbanes-Oxley Accounting Board: Not Long For This World?

Sarbanes Oxley for Dummies Sarbox SOX book.jpgThe constitutionality of the Public Company Accounting Oversight Board, enacted as part of the Sarbanes-Oxley Act, was recently upheld — decision available here (PDF) — by a divided panel of the D.C. Circuit. But those who challenged the Board’s legitimacy are fighting on.

The appellants will either seek rehearing en banc in the D.C. Circuit or certiorari from the Supreme Court. In their efforts, expect them to draw support from the forceful dissent by judicial superstar Brett Kavanaugh (who is, by the way, familiar with this fine website).

If appellants seek succor from the SCOTUS, their pleas may fall upon sympathetic ears. From our colleague, former Skadden and Latham corporate lawyer John Carney, over at Dealbreaker:

Perhaps the most ominous sign for the PCAOB is the fact that Judge Kavanaugh clerked for Supreme Court Justice Anthony Kennedy, who would probably hold the swing vote if the case went to the Supreme Court. His dissenting opinion seems tailor-made to provoke the conservative wing of the court into striking down the board. Unless Congress acts to amend it, we’d bet the autonomous PCAOB is headed for extinction.

You can read the rest of his analysis — which will take you “back to Con Law and the halcyon days of youth,” in the words of one Dealbreaker commenter — over here.

Short Sarbanes-Oxley’s Accounting Board [Dealbreaker]
Free Enterprise Fund v. PBAOB (PDF) [U.S. Court of Appeals for the D.C. Circuit]
Sell Sarbanes-Oxley [New York Sun]
D.C. Circuit Affirms Constitutionality of Accounting Oversight Board [WSJ Law Blog]
Will a Lawsuit Unravel SOX? Firm Brings Constitutional Challenge [WSJ Law Blog]

Legal Eagle Wedding Watch 6.1 and 6.8: Beneath the Veil

LEWW champagne2.jpg

It didn’t make our final four. But this wedding announcement, featuring an heir to the great Swingline Stapler fortune, gives us an opportunity to note that there is — who knew? — more than one way to staple something.

We recently learned that you can rotate a plate on the bottom half of your stapler, thereby causing the hammer to press the staple out instead of in and “pinning” the document together temporarily. Minutes of fun, people!

Back to business. Here are this week’s newlywed entrants:

1. Alyson Evans and James Beha II

2. Jennifer Brosnahan and Kevin McIntyre

3. Kristen Eichensehr and Richard Ré

4. Amanda Kosonen and David Schleicher

Read up on these fabulous contestants, after the jump.

Continue reading "Legal Eagle Wedding Watch 6.1 and 6.8: Beneath the Veil"

Breaking: Money Discriminates Against the Blind

Fiver.jpgWhen traveling abroad for the first time, it seems every American is struck by the brilliance of creating paper money with a correlation between the size of a bill and its value. “That must be nice for blind people,” we think.

Well, the D.C. Circuit thinks the same way. In a 2-1 ruling (PDF) issued today, it affirmed a district court decision holding that the U.S. discriminates against blind people with its uniformly-sized bills.

The American Council for the Blind sued the Treasury Department six years ago. If the decision stands, vending machines everywhere will have to be redesigned!

That seems like a better defense than the one the Treasury Department used. From the Associated Press:

The U.S. acknowledges the design hinders blind people but it argued that blind people have adapted. Some relied on store clerks to help them, some used credit cards and others folded certain corners to help distinguish between bills.

The court ruled 2-1 that such adaptations were insufficient. The government might as well argue that, since handicapped people can crawl on all fours or ask for help from strangers, there’s no need to make buildings wheelchair accessible, the court said.

Apparently, that huge ugly number five on the new five-dollar bill was the Treasury Department’s first stab at meeting the needs of the blind. Unfortunately, it discriminates against good aesthetic taste.

What do you think of the decision?

Court says money discriminates against blind people [Associated Press]
Amer Cncl Blind v. Paulson, Henry [PDF]

Legal Eagle Wedding Watch 2.24 and 3.2: Cancún Honeymoon

Legal%20Eagle%20Wedding%20Watch%20NYT%20wedding%20announcements%20Above%20the%20Law.jpgSpring! Cherry blossoms, opening day, and pedigreed lawyers uniting in marriage. We’re pleased to be back with another installment of Legal Eagle Wedding Watch, featuring these three impressive couples:

1.) Susannah Foster and Kenyon Weaver

2.) Kathleen DeLaney and Courtney Thomas

3.) Heath Kern and Joseph Gibson

More on our finalists, after the jump.

Continue reading "Legal Eagle Wedding Watch 2.24 and 3.2: Cancún Honeymoon"

Morning Docket: 01.25.08

Monica Lewinsky's ex boyfriend's wife for president.jpg* Does the Bush Administration have Blackwater’s back? The U.S. pushes for specific legal protections from Iraqi law for civilian contractors. [New York Times]

* West Virginia: a little less corrupt than last week? WV Supreme Court agrees to rehear Massey Energy case (previously discussed here). [AP; WSJ Law Blog]

* D.C. Circuit Chief Judge Douglas Ginsburg steps down early, to make way for Chief Judge David Sentelle. [D.C. Circuit (PDF) via How Appealing]

* NYT endorses Hillary Clinton (but not for the reasons identified in the bumper sticker at right). [New York Times; New York Times]

* A more detailed report on the Georgetown Law event with Justice Ginsburg that we wrote about last night. [Georgetown Hoya via How Appealing]

Legal Eagle Wedding Watch 9.16.07 and 9.23.07

LEWW logo.jpgSo LEWW was at a wedding the other weekend, and who should plunk down next to us but a reporter for the NYT Vows section! It was a deeply emotional, humbling experience — like being face-to-face with Gandhi, or Bono — but after we recovered, we waved our ATL press credentials and had a nice chat with the correspondent.

Turns out it was her first Vows column, so we briefed her on the most basic rules of Vows column writing: Make sure you refer to the bride, groom, or both as “honest,” “courageous,” “spirited,” or “down-to-earth,” etc., and definitely include at least one forced simile (“as white as a sun-bleached seashell” is good; “as grounded and unshakable as a redwood” is a two-fer!).

We can’t wait to read about that wedding in this coming weekend’s NYT, but in the meantime, we have two weeks worth of LEWW to catch you up on. Here are our featured couples:

1.) Kate Edmonds and Alex Donner

2.) Denise Delgado and Keith Kerman

3.) Fell Ogden and Charles Gray Jr.

4.) Daisy Wademan and Luc Dowling

5.) Deecy Gray and Douglas Ginsburg

6.) Aielleen Fajardo and Stefan Schick

More about these couples, after the jump.

Continue reading "Legal Eagle Wedding Watch 9.16.07 and 9.23.07"

Who Will Be the Next AG? We’re Saying Silberman

Laurence Silberman Judge Laurence H Silberman Laurence Hirsch Silberman Above the Law blog.jpgAs noted in the Washington Post, President Bush is expected to name Alberto Gonzales’s replacement as attorney general in the next few days, after returning from Australia tomorrow. The WaPo seems to be predicting Ted Olson:

[F]ormer solicitor general Theodore B. Olson has emerged as one of the leading contenders for the job, according to sources inside and outside the government who are familiar with White House deliberations.

Other candidates still in the running include former deputy attorney general George J. Terwilliger III and D.C. Circuit Court of Appeals Judge Laurence H. Silberman, according to the sources, who declined to be identified because of the sensitivity of the discussions.

Even though we’re still rooting for our former boss, based on this short list, we’re predicting Judge Laurence Silberman (who previously served as Deputy Attorney General, the #2 job at the Justice Department).

More thoughts, including discussion of George Terwilliger and Larry Thompson, after the jump.

Continue reading "Who Will Be the Next AG? We’re Saying Silberman"

Silbermannerisms: A Pair of Stinging Benchslaps

Laurence Silberman Judge Laurence H Silberman Laurence Hirsch Silberman Above the Law blog.jpgThe D.C. Circuit’s administrative law-heavy docket can be a total snooze-fest less than thrilling. But at least that uber-prestigious court is stocked with some interesting personalities.

Like the prominent, conservative, and temperamental Judge Laurence H. Silberman. From a tipster:

How about giving a shout-out to the latest Silbermannerisms? Yesterday Judge Silberman served up these two gems in a completely run-of-the-mill case, Menkes v. DHS (PDF):

“In response, the government raises a number of threshold jurisdictional arguments. Frankly, we do not think them worth a tinker’s damn.”

“This argument [is] unworthy of the government.”

OUCH — but not out of character for Judge Silberman. More from our source:

[H]e’s badass. The all-time greatest Silbermannerism:

“If you were ten years younger, I’d punch you out!” [Silberman to Abner Mikva, in conference with Ken Starr, as recalled by Mikva — New York Times, 9/1/1998]

Someday I’ll start a blog on the DC Circuit, and when I do I plan to make Silbermannerisms a regular feature. But in the meantime, I hope you put those quotes to good use! He’s surely the greatest Judicial Divo of all time.

Judge Silberman is certainly in the running for that title. But what about his liberal counterpart, Judge Harry T. Edwards? No shrinking violet, he.

Menkes v. DHS (PDF) [U.S. Court of Appeals for the D.C. Circuit]

Randolph Clerks: Too Much Time on Their Hands?

Prettyman courthouse.jpg[Ed. note: We now turn the floor over to the fabulous Laurie Lin, of Legal Eagle Wedding Watch, for a guest post on the D.C. Circuit clerk book proposal controversy. This post was originally scheduled for publication yesterday afternoon, when Laurie was holding down the fort while we were offline and in transit. Sadly, technical problems — yeah, we know, we’re working on it — prevented timely publication.]

We know the DC Circuit’s caseload is notoriously light, but we had no idea the clerks were jonesing so hard for something to do! Two current clerks in Judge A. Raymond Randolph’s chambers recently circulated a book proposal on habeas corpus and the war on terror, a topic about which they claimed to have some expertise — as a result of the high-profile cases to which they currently have access in Randolph’s chambers! Read on for more about this ethical morass:

The problems arose when their proposal, which was emailed to constitutional scholars across the country, surfaced on a blog. University of Miami professor Steve Vladeck raised questions about how this affected their work as clerks for a Judge A. Raymond Randolph. Randolph, of course, not only authored the most recent decision about the Guantanamo detainees, Boumediene v. Bush, but was also the scribe for two cases already overturned by the Supreme Court, Rasul v. Bush and Hamdan v. Rumsfeld.

It was a connection the two clerks flaunted, noting that they brought a “unique perspective” to edit submissions because “they have spent a year in the legal trenches” as clerks on the D.C. Circuit “during a year that saw several landmark detention decisions likely to end up before the Supreme Court.”

But the two men forgot one key thing: to tell (or, rather, to ask permission from) their judge.

Whoops.

More on this controversy, including Judge Randolph’s official reaction to his clerks’ jaw-droppingly poor judgment, after the jump:

Continue reading "Randolph Clerks: Too Much Time on Their Hands?"

Liberal Law Professors and Guns: An Improbable Romance

gun pistol firearm Second Amendment Above the Law blog.jpgLiberal law professors can be pretty predictable in their tastes. Volvo stationwagons. Fair trade coffee. Guns.

Guns? Yes, guns. No, not gunners — guns. Firearms. Bang bang. The good ol’ Second Amendment.

According to a very interesting NYT article, by Adam Liptak:

In March, for the first time in the nation’s history, a federal appeals court struck down a gun control law on Second Amendment grounds. Only a few decades ago, the decision would have been unimaginable.

There used to be an almost complete scholarly and judicial consensus that the Second Amendment protects only a collective right of the states to maintain militias. That consensus no longer exists — thanks largely to the work over the last 20 years of several leading liberal law professors, who have come to embrace the view that the Second Amendment protects an individual right to own guns.

In those two decades, breakneck speed by the standards of constitutional law, they have helped to reshape the debate over gun rights in the United States. Their work culminated in the March decision, Parker v. District of Columbia, and it will doubtless play a major role should the case reach the United States Supreme Court.

Legal academic debate with real-world ramifications? Wow. This truly is newsworthy.

Thoughtful blogospheric reactions from Jonathan Adler, Jack Balkin, Randy Barnett, and Michael Dorf, among others. We were most amused by Professor Dorf, who blog-slaps Liptak, before concluding his post in delightfully catty fashion:

Full disclosure: I spoke with Mr. Liptak last week and expressed skepticism (along the lines described above) about his causal claim. I guess I didn’t say anything quote-worthy.

HA. Hell hath no fury like a law professor not name-checked.

(Sorry, Professor Dorf — not everyone is as susceptible to your charms as Justice Kennedy. You may spend your entire life searching for a jurisprudential romance to match what you had with AMK at One First Street, back in the heady days of October Term 1991.)

A Liberal Case for the Individual Right to Own Guns Helps Sway the Federal Judiciary [New York Times]
Scholarship and the Second Amendment in the Courts [Dorf on Law]
How Liberals Saved the Second Amendment [Volokh Conspiracy]
Scholars and the Second Amendment [Volokh Conspiracy]
The Second Amendment is Embarrassing No More [Balkinization]

Skaddenfreude: Friday Afternoon Open Thread

Here’s an open thread for some Friday afternoon discussion — of associate pay raise news (of course), the D.C. Circuit gun control ruling, the latest Patriot Act controversy, or whatever else is on your mind right now.

Friday afternoons and evenings, of course, are favored times for breaking news — especially of the bad variety (e.g., resignations, layoffs, partner de-equitizations, etc.). So if any big news breaks this afternoon or evening, this is a fine place to take note of and discuss it. Thanks.

Dining With a Diva: Lunch with Judge Janice Rogers Brown (Part 2)

Above the Law 8 Janice Rogers Brown.JPG
“I wouldn’t call Harry Edwards a ‘judicial divo,’ per se. He’s just really irritable, that’s all.”

This is a continuation of our earlier post about a luncheon talk by the fantabulous Judge Janice Rogers Brown. Judge Brown sits on the D.C. Circuit, the most prestigious appellate court in the country after the U.S. Supreme Court (which she may someday join). She spoke recently before the Federalist Society in Washington, a group that she said she “always enjoys spending time with — despite all the trouble it gets [her] into.”

Discussion and pictures, after the jump.

Continue reading "Dining With a Diva: Lunch with Judge Janice Rogers Brown (Part 2)"

Dining With the Diva: Lunch with Judge Janice Rogers Brown (Part 1)

Ed. note: Fans of diversity will be pleased to note that this post has nothing to do with (1) Aaron Charney, (2) Biglaw pay raises, or (3) Shanetta Cutlar.

Above the Law 13 Janice Rogers Brown.JPG
“I’ve said it once, I’ll say it again: I am NOT a judicial diva!!!”

(Okay, she didn’t say it quite this emphatically. But Judge Brown did repudiate the “judicial diva” label, when we asked her about it during the Q-and-A session.)

Some time ago — we’re too embarrassed to mention when — we attended a lunch talk here in Washington with Judge Janice Rogers Brown, of the D.C. Circuit. As we’ve previously noted, Judge Brown is a leading judicial diva and possible Supreme Court nominee.

It was a great event, and we took lots of pictures, of the impressively poor quality that you’re used to here at ATL. Our write-up, with pics, after the jump.

Continue reading "Dining With the Diva: Lunch with Judge Janice Rogers Brown (Part 1)"

Janice Rogers Brown: Methinks the Diva Doth Protest Too Much

Janice Rogers Brown Above the Law Wanda Sykes.JPGLast Friday, we attended a fantastic lunch talk by Judge Janice Rogers Brown (near right; her celebrity doppelganger, Wanda Sykes, is on the far right).

In case you’re not familiar with her, Judge Brown is a leading judicial diva. She’s a former justice of the California Supreme Court and a current member of the D.C. Circuit. In light of her inspirational life story — she’s an African-American female, the daughter of sharecroppers — and her seat on our nation’s most prestigious circuit court, Judge Brown is frequently mentioned as a possible Supreme Court nominee.

We’ll have more to write about the event later — plus some of our fabulously horrendous photographs, an ATL trademark. For now, though, we just want to share you the best quip of the day (or the “money quote,” as those political bloggers like to say):

“I have NEVER thought of myself as a diva.”

What caused her to utter this sentence? During the Q and A, we got up and asked her (among other things): “Judge Brown, you’re a fabulous judicial diva. But you’re stuck on a court that focuses on administrative law. Do you feel that being on the D.C. Circuit cramps your diva style?”

This was just one of several delightful moments from a great event. We’ll provide a more detailed report later.

Calendar of Lawyer Division Events [Federalist Society]
Fili-BUSTED! Magnificent Judicial Divas [UTR]

Earlier: The Courtroom of Style: Judge Janice Rogers Brown

Judge Boyle Didn’t Go Gentle Into That Good Night

Terrence Boyle Terry Boyle Terence Boyle Terrence W Boyle Judge.jpgHere is some late-breaking judicial nomination news:

1. An update to our prior coverage of the withdrawal of the “Radioactive Four.” As one of you points out, it seems that Judge Terrence Boyle (E.D.N.C.), nominated to the Fourth Circuit, wanted to continue fighting.

From the latest version of the AP story:

William Haynes, William G. Myers III and Michael Wallace all asked to have their appointments withdrawn, these officials said. Judge Terrence Boyle was informed of the White House’s decision, according to an ally….

Lars H. Liebeler, a Washington lawyer, said in a telephone interview that Boyle, unlike Wallace, Haynes and Myers, did not submitted a letter asking to be withdrawn but was told of the president’s intentions.

This makes some sense. Considering that Judge Boyle (above right) is (1) 61 years old and (2) already a sitting federal judge, he’s not really going anywhere — and he doesn’t have much to lose from further fighting. But the White House apparently decided that continuing to push his nomination, in a Senate controlled by the Democrats, wasn’t worth the possible loss of face (or expenditure of political capital).

2. The White House released two more slates of judicial nominees today. See here and here.

The most notable and/or controversial nominees:

(a) Judge Thomas Hardiman (W.D. Pa.), renominated to the Third Circuit, who is the subject of a tempest in a teapot (item #3);

(b) Peter Keisler (OT 1988/Kennedy), renominated to the D.C. Circuit, who isn’t problematic personally, but has a “seat issue” (for years Republicans were saying that the last seat on the D.C. Circuit is unnecessary);

(c) Judge Vanessa Lynne Bryant, renominated to the District of Connecticut, who received an “unqualified” rating from the ABA; and

(d) James Rogan, renominated to the Central District of California, who once served as a floor manager in the Clinton impeachment fight, back when he was in the House of Representatives.

These nominees aren’t THAT controversial, at least compared to the Radioactive Four. We think that they ultimately can (and should) make it through the Senate Judiciary Committee, then win confirmation by the full Senate.

But the ascendant Democrats may want to flex their muscles. And one way to do so would be by delaying, or defeating, one of these nominations.

3. Here’s an AP article about Leslie Southwick, nominated to the Fifth Circuit seat formerly held by Judge Charles Pickering Sr. (the seat that Michael Wallace was up for, before he withdrew).

Southwick is a former state appellate judge in Mississippi. As Howard Bashman notes, maybe the third time will be the charm for this hard-to-fill seat.

Bush Judicial Nominees Ask to Withdraw [Associated Press]
Senators say Bush nominating Southwick for 5th Circuit [Associated Press]
Nominations Sent to the Senate for the Judiciary [White House via How Appealing]
Nominations Sent to the Senate [White House via How Appealing]

Earlier: And They Will Back Down

ATL Week in Review: January 1-5

2007.jpgLast week was short, thanks to the New Year’s holiday; but it sure was busy. Here are some highlights from a very momentous week:

* No more jokes about Harriet Miers: the ill-fated ex-SCOTUS nominee has resigned as White House counsel. Speculation about her successor abounds.

* No more jokes about the Dewy Orifice: the ill-fated merger between Dewey Ballantine and Orrick, Herrington & Sutcliffe has been called off.

* Turns out that Chief Justice Rehnquist was a painkiller junkie. Once, while suffering withdrawal symptoms, he tried to bust out of a hospital in his PJs.

* Chief Judge David Levi, of the Eastern District of California, will be the new Dean of Duke Law School.

* All About Jan? Just as the aging Margo Channing’s reign over Broadway was threatened by the comely Eve Harrington, the aging Linda Greenhouse’s reign over One First Street is being threatened by the comely Jan Crawford Greenburg.

* Who knew? Law professors and legal bloggers sure know how to party! Photos of drunken legal academics available here and here.

* Cravath partner John Beerbower has enjoyed some amazing apartments over the years. Cravath partnership + Wealthy wife = $20 million, Park Avenue pad.

* Who’s your favorite First Circuit judge? Cast your vote here.

* If you’re a right-winger hoping that Justice Stevens will step down soon, don’t hold your breath.

* Today’s D.C. Circuit: Despite the occasional catfight, it’s not as bitchy as it used to be. Sigh.

* Oppressed law clerks, your Devil Wears Prada is on its way. Coming soon to a bookstore near you: Chambermaid, by former Third Circuit clerk Saira Rao.

Benchslapped: Take This Brief and Shove It

DC Circuit E Barett Prettyman Courthouse.gifFun news CAN break over a holiday weekend. Check out this Times article (by the indefatigable Adam Liptak, a Yale Law School alum):

A divided panel of the [exceedingly powerful] United States Court of Appeals for the District of Columbia Circuit, which will soon decide an important case concerning detainees at Guantánamo Bay, Cuba, rejected a friend-of-the-court brief submitted in the case by [seven] retired [federal] judges. Two former chief judges of the court were among those rebuffed.

The unsigned majority decision, for Judges David B. Sentelle and A. Raymond Randolph, said the brief violated a 1982 advisory opinion from a committee of the Judicial Conference of the United States, which is the administrative and policy-making body of the federal court system.

“Judges should insure that the title ‘judge’ is not used in the courtroom or in papers involved in litigation before them to designate a former judge,” the advisory opinion said.

Translation: :”Former judges, you’re not such hot s***. You’re nothing but lawyers with frustrated gavel fetishes.”

The brief was rejected over the dissent of Judge Judith Rogers:

Judge Judith W. Rogers dissented. She said the 1982 advisory opinion was meant to address situations in which former judges acting as lawyers are referred to by the honorific title “Judge.” That practice, if allowed in court, could improperly influence juries, confuse people and make parties to lawsuits lose confidence in the judicial system.

But the situation here, with former judges submitting an appellate brief on their own behalf and with the government’s consent, is different, Judge Rogers wrote. “Indeed, denying the unopposed motion for leave to file may itself create an appearance of partiality,” she wrote.

Liptak points out that (1) Judge Sentelle and Judge Randolph, the judges in the majority, were appointed by Republicans (Reagan and Bush I, respectively); (2) Judge Rogers is a Clinton appointee; and (3) two of the former D.C. Circuit chief judges on the brief, Abner J. Mikva and Patricia M. Wald, were appointed by Carter.

So was the dissing of the brief politically motivated? Judge Mikva doesn’t think so — but ascribes the decision to even cattier reasons:

Mr. Mikva said the rejection of his brief was motivated by personal animus, not politics. “It’s not political at all,” he said in an interview. “This was clearly aimed at me.”

The judges in the majority, Mr. Mikva said, were furious with him because he opposed allowing judges to accept free trips to resorts for seminars sponsored by private groups.

“They’re so close to retirement age,” Mr. Mikva said of the judges in the majority. “They really should grow up.”

OUCH. Boy do we miss the good old days on the D.C. Circuit!

Pull up a chair, kiddies, and listen to our tale. Back when Abner Mikva was Chief Judge, from 1991 to 1994, the D.C. Circuit went through a period that judicial historians refer to as The Golden Age of Bench-Slappery.

Conservatives and liberals were at each other’s throats — almost literally. Abner Mikva didn’t get along with several of his more conservative colleagues, including David Sentelle and Laurence H. Silberman. During one heated argument, Laurence Silberman reportedly said to Abner Mikva, “If you were 10 years younger, I’d be tempted to punch you in the nose.” How delicious!

Sadly, the Golden Age couldn’t last forever. In 1994, Chief Judge Mikva resigned to become White House Counsel under President Bill Clinton. He was replaced by Chief Judge Harry T. Edwards.

The famously cantankerous Harry Edwards — who once asked a lawyer at oral argument, “Counsel, are you shitting me?” — raised hopes that the Reign of Bitchiness would continue at the D.C. Circuit. But as it turned out, Chief Judge Edwards actually emphasized collegiality during his reign. And the D.C. Circuit — an unfathomably prestigious court, baby steps away from the Supremes — has never been the same.

(For some excellent perspectives on the controversy over the spurned brief, check out this VC post by Jonathan Adler. In the comments, legal ethics experts such as Stephen Gillers and Steve Lubet weigh in.)

Appeals Court Rejects Brief Submitted by Ex-Judges [New York Times via How Appealing]
NYT on Judicial Amicus Brief Rejection [Volokh Conspiracy]
Court Nixes Brief Because Ex-Judges Called Themselves Judges [WSJ Law Blog]