A few weeks ago, we were emailing with one of our sources about an interesting fact we noticed, based on Above the Law’s real-time coverage of Supreme Court clerk hiring. The fact: thus far, Justice John Paul Stevens has hired just one law clerk for October Term 2010 (Sam Erman (Michigan 2007 / Garland)).
We didn’t write about it at the time, because OT 2010 is still a year away, and it seemed a bit speculative to make much of it so far in advance. But others noticed this fact too — and were faster on the trigger about it. Like the AP:
Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court’s liberals will retire next year.
If Stevens does step down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.
Souter’s failure to hire clerks was the first signal that he was contemplating leaving the court….
Indeed. We started the speculation about Justice Souter’s retirement back in April 2009, over at Underneath Their Robes, based in part on his lack of law clerk hiring (and based in part on a sighting of him with Senator Pat Leahy).
But back to Justice Stevens:
In response to a question from The Associated Press, Stevens confirmed through a court spokeswoman Tuesday that he has hired only one clerk for the term that begins in October 2010. He is among several justices who typically have hired all four clerks for the following year by now. Information about this advance hiring is not released by the court but is regularly published by some legal blogs.
Cough cough — like Above the Law?
Commentary from expert observers, plus a reader poll, after the jump.
Here’s a quick follow-up on Wednesday’s post, reporting on Supreme Court clerk hiring for October Term 2008. That’s not the Term whose clerks will start showing up for work next month — the October Term 2007 clerks are listed here — but the Term after that.
Interestingly enough, the two justices thought most likely to leave the Court next, Justice John Paul Stevens and Justice Ruth Bader Ginsburg, are both done with their clerk hiring for OT 2008. And we also hear that RBG has hired at least one clerk for OT 2009 — very CT-esque of her to hire that far into the future.
Thanks to everyone who submitted SCOTUS clerk hiring info, by email and in the comments. We’ve folded them into our evolving list of OT 2008 law clerks. Check it out, after the jump.
From the opinion of Chief Justice John “Sordid Business” Roberts:
“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
From Justice John Paul Stevens’s dissent:
“John, John, John, you don’t even — you’re glib. You don’t even know what Brown v. Board of Education is. If you start talking about school integration, you have to evaluate and read the research papers on how schoolchildren are affected by racial segregation. That’s what I’ve done. Then you go and you say that no member of the Court at the time of Brown would have agreed with today’s decision.”
Enough quoting from the opinions. How should we react to this ruling?
1. Let the wailing and gnashing of teeth begin!
2. Brown v. Board has been eviscerated!
3. American schoolchildren will soon be getting after-school milkshakes at lunch counters with Robert Bork!
The Supreme Court hasn’t yet finished up for October Term 2006 (which should end tomorrow). The law clerks for October Term 2007 will start arriving next month. But many of them have already started hiring clerks for October Term 2008.
We reported on some of those hires back in this post. And now we have more to add:
1. Conservatives hoping for his retirement will be disappointed. Rumor has it Justice John Paul Stevens has hired all of his clerks for OT 2008. The only one whose name we have, however, is Lindsey Powell (Stanford 2007 / Garland).
2. Justice Antonin Scalia has hired Jameson Jones (Stanford 2007 / Sutton). Judge Jeffrey Sutton, a judicial superhottie, is turning into quite the feeder to his former boss.
3. Justice Ruth Bader Ginsburg has hired at least one clerk for October Term 2008 — Miriam Seifter (Harvard 2007 / Garland) — and perhaps more.
So in terms of OT 2008, Stanford Law School and Judge Merrick B. Garland are off to a good start.
If you have more SCOTUS clerk hiring news to add, please email us (subject line: “Supreme Court clerk hiring”).
A list of OT 2008 law clerks thus far appears after the jump.
When it comes to law clerks, that is. In other words, Justice Stevens does not subscribe to the trend of hiring Supreme Court clerks who are several years out of law school, with a few years of practice under their belts.
As JPS explains in an interesting interview in The Third Branch, which a tipster just drew to our attention:
“Speaking about law students, I have a bias in choosing law clerks. I prefer those who are only a year or two out of law school, closer to their academic experience. They keep me more abreast of what’s current in the thinking of law professors, and I just like the younger perspective.”
So that’s the secret to Justice Stevens’s longevity: Hire young law clerks, and ask the healthiest ones to donate an organ to you (which they’re happy to do in exchange for a SCOTUS clerkship). Every few years, you end up with a completely new body. Brilliant!
The rest of the interview contains some interesting tidbits — including a comparison of Warren Burger, William Rehnquist, and John Roberts as chief justices. Check it out here.
P.S. We are still interested in learning more about the gender and ethnic breakdown for the incoming class of Supreme Court clerks — the October Term 2007 clerks. If you can help us out with any info, please click here for details. Thanks. An Interview with Supreme Court Justice John Paul Stevens [The Third Branch] Earlier: October Term 2007 Clerk Hiring: A Request for Information
Here’s a first — A U.S. Supreme Court decision issued today has its own accompanying video: Talk about multimedia rulings! The Court’s opinion today in Scott v. Harris, No. 05-1631 — a dispute about the lawfulness of a high-speed police chase captured on video — appears online at the Supreme Court’s web site with this 91.7 MB RealPlayer video file. No word yet from the Court on whether the volume of U.S. Reports in which this decision will appear will include its own embedded video player.
The dueling opinions — Justice Scalia’s majority opinion, and Justice Stevens’s dissent — discuss the video extensively.
Some brief discussion, of the video and of the opinions, after the jump.
[Ed. note: ATL will be on a pretty laid-back publication schedule today. It's Good Friday, the markets are closed, and many folks are probably traveling for the holiday weekend. We will be posting, but not at our regular pace.]
* Stevens’s key role. [USA Today via How Appealing]
* Surveillance laws outdated? He’s probably referring to all of those pesky constitutional protections. [Jurist]
* Dude. You gotta make sure you’re getting the right one when you’re messing with the huevos. That’s just not cool. Not cool at all. That guy deserves a bazillion dollars. [CNN]
* Lawyers and golf. [WSJ Law Blog]
* Fartman loses on appeal. [Andrews Publications via FindLaw]
* Belated birthday greetings to Justice Samuel A. Alito, Jr., who turned 57 earlier this week. [How Appealing]
A summary of this morning’s Supreme Court decision in Massachusetts v. EPA, from SCOTUSblog:
Ruling 5-4, the Supreme Court on Monday found that the federal government had the authority to regulate greenhouse gases that may contribute to global warming, and must examine anew the scientific evidence of a link between those gases contained in the exhausts of new cars and trucks and climate change. In the most important environmental ruling in years, the Court rebuffed the Environmental Protection Agency’s claim that regulating those gases was beyond its authority, and the agency’s claim that it need not take action even if it did have the power to do so. Justice John Paul Stevens wrote for the majority.
The benchslap came when the Court ordered the EPA to reevaluate its decision not to regulate carbon dioxide emissions. From the Associated Press:
The court had three questions before it.
– Do states have the right to sue the EPA to challenge its decision?
– Does the Clean Air Act give EPA the authority to regulate tailpipe emissions of greenhouse gases?
– Does EPA have the discretion not to regulate those emissions?
The court said yes to the first two questions. On the third, it ordered EPA to re-evaluate its contention it has the discretion not to regulate tailpipe emissions. The court said the agency has so far provided a “laundry list” of reasons that include foreign policy considerations.
The majority said the agency must tie its rationale more closely to the Clean Air Act.
“EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change,” Stevens said.
* We took Eve Harrington’s Jan Crawford Greenburg’s quip that Justice Stevens told her when he was planning to retire as a joke. But not everyone did. [Volokh Conspiracy; Althouse]
* A juicy rumor. But who on earth could it be? [Concurring Opinions]
(Btw, congrats to Concurring Opinions on its one millionth visitor.)
* Former fashion designer Ilene Moses is on trial for allegedly defrauding banks of $26 million. But her design of fur-trimmed capes may be the more serious offense. [Associated Press]
* Fred Fielding will be taking a pay cut as White House counsel. But that’s okay, ’cause he can afford it. [WSJ Law Blog]
* Drape an invisibility cloak over the Federal Register, and call it a day. [Wonkette]
* We recommend to you any blog post that contains the words “palpably fresh.” [Crescat Sententia]
* Here’s Blawg Review #90. [Minor Wisdom]
* We weren’t the only ones who had a blast at last week’s crazy law-bloggerparty! So did Miriam Cherry, whom we had the pleasure of meeting at the festivities. [PrawfsBlawg]
If you think most legal technology misses the mark, LexisNexis Firm Manager® wants to change your mind. Read more about it here.
Built with input from hundreds of solo and small-firm attorneys across the country, it’s made for practitioners who’d rather build the firm of their dreams than deal with the hassles of running a business.
· Go Mobile, Stay Connected.
See all your firm’s information, wherever you are, on whatever device you’re using. Access and update client files, enter billing, search & share documents and more. It’s just like you’re in the office, only you’re not.
When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!