Sam, you ought to thank Harriet Miers for making this possible.
– President George W. Bush to newly confirmed Justice Samuel Alito, as recounted in President Bush’s new memoir, Decision Points (via Jan Crawford).
Sam, you ought to thank Harriet Miers for making this possible.
– President George W. Bush to newly confirmed Justice Samuel Alito, as recounted in President Bush’s new memoir, Decision Points (via Jan Crawford).
Our latest Eyes of the Law celebrity sighting involves a household name: former White House counsel and Supreme Court nominee Harriet Miers. She may not have succeeded in getting on to the SCOTUS, but apparently she has joined another D.C. institution. We received this tip from a reader yesterday:
FWIW…. Just got sworn into the D.D.C. federal bar this morning. None other than Harriet Miers was also there getting sworn in. There were about 30 of us total. Pretty weird!
First things first: what was she wearing?
Continue reading “The Eyes of the Law: Harriet Miers Gets Sworn In”
Sigh. Too much to write about, not enough time (or energy). We should have written about this on Tuesday. But since we didn’t, we now have the luxury of assembling a post by commenting on what other people have already written — and snarkily noting that they all say the same thing.
It all started with this article from the Washington Post (via the Huffington Post):
It was John G. Roberts Jr., now the chief justice of the United States, who suggested [Harriet] Miers to Bush as a possible Supreme Court justice, according to the [new] book [Dead Certain, an examination of the Bush presidency, by Robert Draper].
Miers, the White House counsel and a Bush loyalist from Texas, did not want the job, but Bush and first lady Laura Bush prevailed on her to accept the nomination, Draper writes.
Sounds juicy, right? But not so fast.
If you’re already familiar with this controversy, you can probably skip the rest of this post. But if not — or if you are, but want some commentary on the commentary — you can read more after the jump.
* It wasn’t me. [Legal Blog Watch]
* Well, I’m a pretty famous celebrity, so I got that going for me… [CNN]
* Divorce for Shaq. [Atlanta Journal-Constitution]
* Look what you’ve done, Specter. [CNN]
* Should we file RICO charges against Tom Cruise? [Jurist]
The rumor is true. Locke Liddell & Sapp has raised salaries for first- and second-year associates. As noted by a commenter, “Now that they have Harriet Miers back, Locke Liddell’s future is blindingly bright.”
The news was reported in the Texas Lawyer. We’ve also gotten a copy of the email, sent out this afternoon by managing partner Jerry Clements (who actually isn’t a 300-pound, cigar-smoking Texan male, replete with handlebar moustache, but a rather attractive woman).
You can check out her email, plus a photo, after the jump.
As for Baker Botts in Texas, still no word, as of the time of this post. If you hear anything, please email us. Thanks.
Not to be Outdone, Locke Liddell Hikes Associate Pay [Texas Lawyer]
Continue reading “Nationwide Pay Raise Watch: Locke Liddell Has Raised”
Earlier we covered Harriet Miers impending date with destiny in the form of the House Judiciary Committee. Well, it looks like Miers needed some more time to polish up on her French.
From the report from AP via the Reno Gazette-Journal on the hearing that went down sans Miers:
A House panel cleared the way Thursday for contempt proceedings against former White House counsel Harriet Miers after she obeyed President Bush and skipped a hearing on the firings of federal prosecutors.
Addressing the empty chair where Miers had been subpoenaed to testify, Rep. Linda Sanchez ruled out of order Bush’s executive privilege claim that his former advisers are immune from being summoned before Congress.
The contempt issue would go next to the full Judiciary Committee, and ultimately to the entire House.
You at least have to admire Miers for going all the way in following Bush’s order, instead of the I’m-testifying-but-not-really tapdance that Sara Taylor attempted yesterday.
We recently got to meet former White House counsel Harriet Miers, up close and personal. And it seems we’re not the only folks who will get to spend quality time with the onetime (and ill-fated) Supreme Court nominee.
This just in, from the AP:
Two congressional committees are issuing subpoenas for testimony from former White House counsel Harriet Miers and former political director Sara Taylor on their roles in the firings of eight federal prosecutors, according to two officials familiar with the investigation….
Senate Judiciary Committee Chairman Patrick Leahy of Vermont issued Taylor’s subpoena for her testimony July 11. His counterpart in the House, Judiciary Committee Chairman John Conyers of Michigan, issued a subpoena for Miers’ testimony the next day.
A little bit more, after the jump.
We’re about to sit down and enjoy a sandwich we just picked up from Cosi. If it’s good enough for the Chief Justice, it’s good enough for us.
Normally we’d wash our hands first. But not today.
Why? Because we just met Harriet Miers — and shook her hand!
We were crossing the street at 15th and L Streets in downtown Washington, shortly after 2 PM today. Walking towards us were three well-dressed, older lawyers: two tall men, and a much shorter woman.
We had that feeling of “we know her from somewhere.” And suddenly it hit us:
ATL: “Oh my goodness. You’re Harriet Miers!!!”
HEM: “Yes.”
ATL: “Wow, I’m a huge fan of yours. Thank you for all of your great work!”
We then shook hands with the former Supreme Court nominee. Her handshake was just right: firm, but far from crushing.
More details from this sighting, after the jump.
Continue reading “The Eyes of the Law: A Thrilling Lunchtime Sighting”
The latest Biglaw combination brings together more “L”s than you can shake a stick at. From the Texas Lawyer:
Locke Liddell & Sapp, based in Houston and Dallas, and Chicago-based Lord, Bissell & Brook have agreed to merge, and will form a 700-lawyer firm named Locke Lord Bissell & Liddell.
Hmm, that’s a mouthful — the marketing people might want to rethink things. The alliteration and internal rhyme make the firm name far too “busy.”
Correction: Based on the comments, it appears that we’re wrong about the internal rhyme. But we still think the new firm name is unwieldy.
Some reactions to more substantive aspects of the deal, after the jump.
Continue reading “Law Firm Merger Mania: Locke Liddell + Lord Bissell”
There was much speculation about where former White House counsel Harriet Miers, of the ill-fated Supreme Court nomination, would wind up.
Would Miers oversee the George W. Bush Presidential Library at her alma mater, SMU? Would she be nominated to the Fifth Circuit? Would she launch a new line of high-end eye make-up?
The suspense is now over. From the Dallas Morning News:
Ex-White House counsel and U.S. Supreme Court nominee Harriet Miers will rejoin her old law firm, Locke Liddell & Sapp, the firm announced Wednesday.
Ms. Miers had helped run the firm, based in Houston and Dallas, before joining President Bush’s staff in 2001. She will rejoin the firm’s public policy group and litigation group on May 1.
A Locke Liddell official said she will be based in Washington D.C. but also have offices in Dallas and Austin.
Congratulations, Ms. Miers!
(But why is she staying in D.C.? Why not return to her home state of Texas, home to her former lover, Texas Supreme Court Justice Nathan Hecht? As we previously suggested, “If she returns to Texas, she may be able to stir the embers of his passion.”)
Harriet Miers To Rejoin Locke Liddell [Dallas Morning News]
We previously wrote about President Bush’s selection of Fred Fielding as his new White House counsel. Our coverage was based on a pre-announcement scoop by Time, not an actual announcement from the White House.
Just to close the loop on this, the rumor was correct: Fielding’s selection is now official. Here’s the (predictably bland) White House press release.
From the New York Times:
Mr. Fielding’s agreement to take the job surprised some of his closest friends. The friends said last week, when his name surfaced as a contender for the position, that they would be surprised if he would give up a successful corporate practice for another stint of what promises to be heavy partisan battle at age 67.
Mr. Fielding was deputy counsel to President Richard M. Nixon under John W. Dean III and was White House counsel for the first five years of Ronald Reagan’s presidency.
Further discussion, plus speculation about the next Deputy White House Counsel, after the jump.
Continue reading “‘Tis Official: Fred Fielding Is In the House”
In our report earlier today about Supreme Courtships, a forthcoming television show about “the personal and professional lives of six Supreme Court clerks and their supervisors,” we looked back on two failed TV shows about the Supreme Court: “First Monday” and “The Court.”
We wrote:
Judicial groupies were thrilled to see two shows about the Court on national television (despite the many inaccuracies and ridiculous plot lines). But their joy was fleeting.
Now, this correction. Not everyone who follows the Supreme Court was so pleased by the attention from Hollywood.
From a January 2002 article by Tony Mauro:
Complete with James Garner as a chief justice who smokes (like the real one), Joe Mantegna as an Italian-American associate justice who attends Mass (like the real one), and a Court with two women and one black justice (like the real one), ["First Monday"], if it succeeds, will probably impart more information about the nation’s highest court to the general public than a decade’s worth of routine activity by the real Supreme Court.
And that is what worries people like Carter Phillips of Sidley Austin Brown & Wood, a veteran Supreme Court advocate who is among a small number of Washington lawyers who have seen rough cut tapes of the first two episodes.
“Unbelievably smarmy,” says Phillips, who is not usually given to outbursts of hyperbole. “Vomitous.”
Look, it could have been worse. At least Phillips didn’t use profanity, as he has done before (in open court). He could have called the “First Monday” producers “motherf*****s” and told them to “eat s***.” Instead, he temperately dismissed their show as “vomitous.”
Why was Phillips so upset? Per Mauro:
Phillips confesses that he is a stickler for accuracy, and as such could not abide the slew of details that come out wrong in the show.
For one, the first episode was based erroneously on the premise that it takes five justices to grant review in a case, not four.
Relax, Carter! Look at the glass as half-full. You should have been pleased that the word “certiorari” was even uttered on national television, on a channel other than C-SPAN.
Another issue with “First Monday”:
Garner’s chief justice, an inveterate Oklahoma football fan, precedes the first Court session with a football-huddle-style handshake among the nine robed justices and the rallying cry “Let’s go out there and make history!”
Yes, this sounds ridiculous. But is it really so impossible to imagine? If Harriet Miers, with her cheerleader-ish tendencies, had been confirmed to the Court, group hugs might have become de rigeur at One First Street.
Will New Supreme Court TV Show Make It Past Its ‘First Monday’? [Law.com]
C-SPAN’s Potty-Mouth Broadcast [Washington Wire]
Carter G. Phillips bio [Sidley Austin]
Earlier: “Supreme Courtships”: A Show About SCOTUS Clerks, Take Three
This just in, from Time:
In a signal that he could be open to working more closely with congressional Democrats rather than stonewalling, President Bush plans to name the widely respected Republican lawyer Fred F. Fielding as White House counsel this week, party sources tell TIME.
Fielding, who held the same position under President Ronald Reagan, will succeed the President’s friend Harriet Miers, who last week announced her resignation, effective Jan. 31. An official who has been briefed on the impending announcement, which could come as soon as Tuesday, called Fielding “the ultimate Washington lawyer-insider — he’s the man to see.”
Some interesting comments from some of you in support of Fred Fielding:
“Fred Fielding. Bush needs an adult to deal with the children who are now running the Hill.”
“[P]lenty of SCOTUS clerks are far too academic-minded to be successful litigators. What the President needs right now is a litigator, and I can’t think of anyone better than Tim Flanigan, Fred Fielding, or Dick Wiley. One of those three would be my choice…”
Fielding is not among the Elect; in fact, it appears from his Wiley Rein & Fielding bio that he never clerked. But he’s obviously a great pick for the job of White House counsel. He has a wealth of experience, both in litigation and in government, and he’s one of the most well-connected lawyers in town. He previously served as White House counsel, from 1981 to 1986, under President Ronald Reagan.
Congratulations to Mr. Fielding on his new post — and to President Bush for making such an excellent selection.
Exclusive: Bush Picks a Replacement for Harriet Miers [Time via Drudge Report]
Fred F. Fielding bio [Wiley Rein & Fielding]
Fred F. Fielding [Wikipedia]
Earlier: Harriet Miers: Farewell My Concubine Counsel
Breaking: Harriet Miers Has Resigned As White House Counsel!
Last 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.
President Bush famously described Harriet E. Miers, the outgoing White House counsel, as “a pit bull in size six shoes.” Woof woof!
But some White House insiders viewed Harriet Miers as insufficiently canine. Per the Washington Post:
Miers, a longtime Bush loyalist whose nomination to the Supreme Court was withdrawn in 2005 as a result of conservative opposition, led an office that will oversee legal clashes that could erupt if Democrats aggressively use their new subpoena power. Bush advisers inside and outside the White House concluded that she is not equipped for such a battle….
The White House did not announce a replacement but has settled on someone to take on the assignment, according to several advisers who did not disclose the name.
If you have thoughts about who this person might be, we’d love to hear from you.
Further discussion and speculation, after the jump.
Continue reading “Who Will Fill Harriet Miers’s Size Six Shoes?”
* Some interesting comments about Harriet Miers getting a Fifth Circuit nomination, as well as speculation about who might replace her as White House counsel. [ConfirmThem]
(We second the suggestion of Rachel Brand (at right). Brand previously worked in the White House counsel’s office, before her appointment to head the Office of Legal Policy at the Justice Department.)
* From an Instpaundit correspondent: “I’m no law prof, but isn’t the presumption of innocence most useful before a pile of facts come out indicating that the accused are, in fact, innocent?” [Instapundit]
* Speaking of which, check out Best Defense, which “seeks to place the presumption of innocence front and center.” [Bag and Baggage]
* Jeez, he’s even more of a tool than we thought. Can someone please talk some sense into him about 2008? [Althouse]
* Backlash to the backlash against (allegedly) excessive executive pay. [Point of Law via Dealbreaker]
* Amen. With the exception of news aggregators, blogs are by their nature idiosyncratic, rather than comprehensive. So don’t get your briefs in a wad when we fail to write about your pet topic. [Volokh Conspiracy; Althouse]
As previously reported, Harriet Miers — she of the ill-fated Supreme Court nomination* — has submitted her resignation as White House Counsel. It will take effect at the end of this month, on January 31. The search for her replacement has begun.
From White House spokesman Tony Snow:
“Basically, she has been here six years. As somebody said earlier today, ‘She put 12 years of service into six years.’ Harriet is one of the most beloved people here at the White House.”
Indeed, the work ethic of the 61-year-old Miers lies beyond question. At night, her car is typically the last one left in the senior staff parking lot, between the Old Executive Office Building and the West Wing. Her dedication to President Bush is also unimpeachable.
(The New York Times, referring to Miers’s withdrawn SCOTUS nomination, states that “no one doubted her intellect, [but] some doubted her credentials to be a justice.” We disagree with the first proposition. In certain super-snobby quarters of the legal elite, her intellect was definitely questioned — even if few would do so publicly.)
We hear that Miers’s resignation, which she announced at this morning’s White House counsel staff meeting, came as a surprise to much of her staff. There’s also precious little information about her replacement.
* A well-established rule of English usage: With respect to Harriet Miers, the words “Supreme Court nomination” must always be preceded by “ill-fated.”
Additional commentary appears after the jump.
Continue reading “Harriet Miers: Farewell My Concubine Counsel”
For those of you who enjoyed poking fun at Harriet Miers during her ill-fated Supreme Court nomination, you won’t have her to kick around anymore.
(Yes, we know. When it comes to mockery of Harriet Miers, we have somewhat unclean hands.)
We must step away from our computer now. As Howard Bashman might say, we are meeting a very cool and important law professor for lunch (but won’t name him or her). Hahaha.
We’ll resume our coverage of the Miers demise after we return.
Miers Resigns As White House Counsel [Associated Press]
Thanks to everyone who responded to our request for gossip about possible Fifth Circuit judicial nominations. Your tips were very helpful to us, as was this piece in the Texas Lawyer.
(And thanks to Peter Harrell, a current law student and former political reporter for Congressional Quarterly, for this insightful comment. A good point. With respect to some judicial nominees, the Democrats will probably try “killing them softly,” with procedural mechanisms. But the Dems should be careful. If they do TOO much of this, they will look obstructionist. And Pelosi and pals are saying that they’re in D.C. to get things done.)
Anyway, re: the 5th Circuit, this is what we’re hearing:
1. There are two Texas seats on the Fifth Circuit to fill: those of Judge Patrick Higginbotham and Judge Harold DeMoss. (For the vacant Mississippi seat, Michael Wallace is the White House’s pick; but he doesn’t seem to be going anywhere right now.)
2. A package deal of two nominees is likely. One would be a so-called “diversity pick,” i.e., a minority or a woman, and one would be a “regular” pick.
(Some Senate Republicans are not thrilled about the idea of a diversity pick. But the Democrats taking over the Senate next year, diversity picks will probably only increase.)
3. For the “diversity” seat, the leading candidates are two Texas state court judges: Justice George C. Hanks, Jr., an African-American appeals court judge; and Judge Jennifer W. Elrod, a well-regarded trial court judge.
(Yes, Judge Elrod is quite attractive — in a perky, “Jennifer Aniston” sort of way. But please do not confuse her with Jennifer Elrod, “Famous Centerfold and Celebrity.” Judge Elrod uses that middle initial for a reason.)
4. For the “regular” seat, the process right now is focused upon two individuals: Judge Sidney A. Fitzwater (N.D. Tex.), a Reagan appointee to the federal trial bench, and Gregory S. Coleman, a partner in the Austin office of Weil, Gotshal & Manges.
5. A grab bag of other possibilities, but not as likely as the four just mentioned: Judge David Godbey (N.D. Tex.); Judge Jane Boyle (N.D. Tex.); Judge Lee H. Rosenthal (S.D. Tex., and a woman); Chief Justice Wallace Jefferson, of the Texas Supreme Court; Justice Jane Bland, of the Texas First Court of Appeals; Texas Solicitor General R. Ted Cruz; and Professor Ernest A. Young, of the University of Texas School of Law (Austin).
These are the basics. If you’re a real judicial junkie, check out our additional observations, after the jump.
When White House Counsel Harriet Miers was nominated to the United States Supreme Court, her friend and ex-boyfriend, Texas Supreme Court Justice Nathan Hecht, rushed to her side. In numerous interviews with the news media, he praised his former paramour to the heavens.
Justice Hecht’s reward for such loyalty? Being haled before the Texas State Commission on Judicial Conduct, which reprimanded him for violating the Texas Code of Judicial Conduct. The Commission concluded that he violated prohibitions on a judge “advanc[ing] the private interests of the judge or others” and “authoriz[ing] the public use of his or her name endorsing another candidate for any public office.”
Thankfully, the reprimand has been dismissed. A special three-judge panel, convened by the Texas Supreme Court, has found Hecht not guilty of the charges. The panel’s lengthy opinion, which we’ve only skimmed, turns on how to construe a number of terms in the Texas Code that haven’t been adequately developed in the case law. The full decision is available here (PDF).
Our reaction? We’re pleased to see that chivalry is not dead in the Lone Star State.
No Reprimand in Judge’s Support of Miers [Associated Press]
Panel Clears Texas Supreme Court Justice [Austin American-Statesman via How Appealing]
Justice Nathan L. Hecht [Texas Judiciary Online]