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]
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 hasbeencalled 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 amazingapartments 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.
Well, not in so many words. But in his interview last night with Jan Crawford Greenburg of ABC News — his first television appearance network television interview ever — Justice John Paul Stevens seemed healthy, lucid, and far from death’s door.
(Our apologies to the ConfirmThem crew. We hate to be the bearers of bad news.)
We did catch the interview last night. Twice, actually — we watched the excerpt on World News Tonight, then the full version on Nightline. You can access a video clip of an abridged version by clicking here.
Our thoughts on the interview:
1. Justice Stevens gets style points for the turquoise paisley bowtie. Paisley is a fashion cliche here in D.C.; but JPS wears it in a “I don’t care what you think” sort of way, which is great.
2. Negative style points for the brown plastic eyeglasses. Justice Stevens, you can do better. We know the Chief is always bitching about how little you guys get paid. But your most recent financial disclosure forms reveal that you’re a millionaire. You can afford wire-framed glasses.
3. Throughout the interview, Justice Stevens is articulate and alert. Yes, his head is permanently stuck in a slight rightward tilt. But that’s par for the course for old people. (JPS is 86 years old, turning 87 on April 20 of this year.)
4. Jan Crawford Greenburg is still a hottie. The reddish brown hair — is that its natural color? — is simply faboo. (Click here, then scroll down, for our exclusive photos of her.)
5. Justice Stevens reminisces about his late friend, President Gerald R. Ford, who appointed him to the Supreme Court. JPS describes Ford as “a fine lawyer” and ” the kind of person I would really like to have as a friend, because you like him right away.”
6. Greenburg asks whether President Ford was surprised by how Justice Stevens turned out as a SCOTUS jurist. Ford was a Republican, and JPS has turned out to be one of the Court’s most liberal members.
Justice Stevens: Ford may have been surprised by “some of my decisions.” But “over the years, I gather he was not unhappy with the results on the whole.”
7. Greenburg questions JPS further about his ideology and jurisprudence. She notes that President Ford’s attorney general, Edward Levi, described Justice Stevens as “a moderative conservative.” She asks the justice: How do you see yourself today?
Justice Stevens says that he sees himself as a “moderate conservative.” He adds: “I don’t think I’ve really changed. I think there has been a lot of change on the Court.”
8. The coup de grâce: near the end of the interview, Justice Stevens says: “I see myself as a conservative, to tell you the truth.”
Okay, maybe the old man is losing it — just a little bit. Update: Orin Kerr’s thoughts on point #8 appear here. Can Justice Stevens perhaps consider himself a “judicial conservative” (even if he’s not a political conservative)? Justice John Paul Stevens: The Silent Justice [ABC News (video)] Justice Appointed By Ford Remembers the Late President [ABC News] Is Justice Stevens a Judicial Conservative? [Volokh Conspiracy]
(Yes, this is ridiculously late. But we hope, for the love of God, that you don’t rely upon us for real legal news. News aggregation is not our primary purpose, and there are manyothersites that do it better and faster.)
* Now that President Ford has passed away, everyone must write the obligatory article about his long-lived SCOTUS appointment, Justice John Paul Stevens. [Chicago Tribune, ABC News, Los Angeles Times, WSJ.com; all via How Appealing]
* State bars tend to give government lawyers a wide berth. So when a bar brings ethics charges against a prosecutor, you know something stinks to high heaven. [Associated Press]
* Videotaping an execution is pretty grotesque. But then again, it’s probably no more disturbing than this video. [CBS News]
* You can accuse the Catholic Church of many things; but selective application of their teachings is probably not one of them. The Vatican opposes the death penalty even for Saddam Hussein. [Associated Press]
* Speaking of death penalty cases, the Supreme Court’s incredible shrinking docket may be getting even smaller. [SCOTUSblog]
* Biglaw + Racial Issues = Lively Blog Comment Threads. [Overlawyered; WSJ Law Blog]
* Tax lawyers at Cravath aren’t the only ones with a weakness for underage girls. [Associated Press]
* Oyez, oyez: Interested in an administrative gig that pays over $150K? The Second Circuit is seeking a new Clerk of Court. [2nd Circuit (PDF) via How Appealing]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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