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John Roberts

SCOTUS Is All Tangled Up in Dylan

Bob Dylan.jpgThe legal (and music) world is abuzz in response to Chief Justice John Roberts citing Bob Dylan in his dissent in Sprint v. APCC Services. From the New York Times:

Four pages into his dissent on Monday in an achingly boring dispute between pay phone companies and long distance carriers, John G. Roberts Jr., the chief justice of the United States, put a song lyric where the citation to precedent usually goes.

"The absence of any right to the substantive recovery means that respondents cannot benefit from the judgment they seek and thus lack Article III standing," Chief Justice Roberts wrote. " 'When you got nothing, you got nothing to lose.' Bob Dylan, Like a Rolling Stone, on Highway 61 Revisited (Columbia Records 1965)."

Alex B. Long, a law professor at the University of Tennessee and perhaps the nation's leading authority on the citation of popular music in judicial opinions, said this was almost certainly the first use of a rock lyric to buttress a legal proposition in a Supreme Court decision. "It's a landmark opinion," Professor Long said.

Rolling Stone named "Like a Rolling Stone" the best song of all time. Roberts, or the clerk who provided the citation, has good taste, but poor attention to detail. A double negative has gone missing; when Dylan sings it, it is "When you ain't got nothing..."

Rolling Stone points out that Roberts is the first baby boomer SCOTUS chief. It may be true that we'll see more musical legal citations by those raised on the political music of the 60s:

In the lower courts, according to a study Professor Long published in the Washington & Lee Law Review last year, Mr. Dylan is by far the most cited songwriter. He has been quoted in 26 opinions. Paul Simon is next, with 8 (12 if you count those attributed to Simon & Garfunkel). Bruce Springsteen has 5.

Both Dylan and Springsteen had three songs nominated for ATL's Top Ten Law Songs list, though Dylan was the only one to make the final cut with "Hurricane." Johnny Cash had the most songs nominated. Why aren't the courts showing Cash citation love?

The Chief Justice, Dylan and the Disappearing Double Negative [New York Times]
Chief Justice John Roberts (Almost) Quotes Bob Dylan [Rolling Stone]

Morning Docket: 01.29.08

* Resignation in Detroit text-message scandal (previously discussed here). [Detroit News]

* A proud American tradition unknown in the rest of the world: bail for profit. [New York Times]

* Legal luminaries at the SOTU. [WSJ Law Blog]

* Trial begins in alleged microwaving of infant. [CNN]

* TRO against Patriots' Moss extended until after Super Bowl. [SI]

* Mortgage crisis may affect litigation departments. [WSJ Law Blog]

* U.S. jails Colombian FARC leader. [BBC]

Supreme Court Clerk Hiring Watch: OT 2008 (Update #7)

aileen mcgrath aileen marie mcgrath jason gillenwater jason e gillenwater.jpgIn October 2006, when LEWW reviewed her wedding, we wrote of Aileen McGrath (at right, with handsome hubby Jason Gillenwater):

Aileen is the President of the Harvard Law Review. HELLO!!! And this isn't mentioned in the announcement, but we've learned that she'll be clerking next year for Chief Judge Michael Boudin, of the First Circuit -- feeder judge extraordinaire.

So, Aileen, have you picked which Supreme Court justice you'd like to clerk for?

She has. We've learned that Aileen McGrath (Harvard 2007 / Boudin) has accepted an offer to clerk for Justice Stephen G. Breyer in October Term 2008. One source tells us: "[S]he’s universally recognized as brilliant. She was president of the law review and a Sears Prize winner."

We also hear that the fourth clerk to Justice Clarence Thomas for OT 2008 is a D.C. Circuit clerk (believed to be clerking for Judge David Sentelle). Will someone please give up the name?

Update: Her name is Claire Evans. She's a 2002 graduate of Rutgers School of Law - Camden, and she's the first alum of the school to score a SCOTUS clerkship. She clerked for Judge Jerome Simandle (D.N.J.) in 2003, and then for Michael Chertoff, back when he was still on the Third Circuit. Reports our source:

"Chertoff liked Claire so much that he took her to the Department of Homeland Security when he left the bench for Washington. Apparently, Claire continues to amaze and has now secured the most coveted of credentials -- a U.S. Supreme Court clerkship."

"[S]he holds the highest cumulative grade point average in the history of Rutgers School of Law - Camden. And, because of a grading change implemented the year after Claire graduated, it is now mathematically impossible for Claire's epic GPA to ever be topped."

Finally, expect more SCOTUS clerk hires in the near future. From an in-the-know tipster:

There's movement among the justices now. At least Alito, Roberts, Kennedy & Breyer have scheduled interviews in the last few days. Kennedy has scheduled pre-screen interviews, at least some of which are with Judge Kozinski.

The current tally of OT 2008 Supreme Court clerks, with Aileen McGrath and Claire Evans added, appears after the jump.

Continue reading "Supreme Court Clerk Hiring Watch: OT 2008 (Update #7)"

Liveblogging the Clarence Thomas Book Party

Clarence Thomas book My Grandfather's Son Above the Law blog.jpgWelcome. If you're at home, tune in to C-SPAN, which is rebroadcasting the recent book party for Justice Clarence Thomas. Justice Thomas's eagerly anticipated memoir, My Grandfather's Son, is now in bookstores -- and topping the bestseller charts (to the relief of his publisher, HarperCollins, which reportedly paid him a $1.5 million advance).

7:05: The party is being held at the elegant, red-brick Capitol Hill home of radio host and syndicated columnist Armstrong Williams. Expected to attend: 250 guests, including six Supreme Court justices, Vice President Dick Cheney, and several U.S. senators.

Armstrong Williams is interviewed. He explains that the party has been in the works since June. An overwhelming turnout is expected; more people were turned away than allowed to attend.

7:08: Justice Thomas climbs the stairs. When he enters the kitchen -- which is right at the top of the stairs, and thus (oddly) where everyone enters and exits -- he’s greeted by hearty applause.

Various guests hug him. One guest gushes over his 60 Minutes appearance. CT explains that CBS News made no promises about the nature of its coverage. Interesting. Considering how flattering that segment was, and how uncritical Steve Kroft was in his questioning of Justice Thomas, one might have suspected that Brangelina-type stipulations were in place.

More after the jump.

Continue reading "Liveblogging the Clarence Thomas Book Party"

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"

Harriet Miers: Who Deserves the Blame?

Harriet Miers Harriet E Miers Harriet Ellan Miers Harriet Elan Miers Above the Law.JPGSigh. 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.

Continue reading "Harriet Miers: Who Deserves the Blame?"

Supreme Court Clerk Hiring Watch: OT 2008 (Update #5)

Porter Wilkinson J Harvie Wilkinson Above the Law blog.jpgNot too long ago, we said we had a "gut feeling" that some Supreme Court clerk hiring was going on (despite the Court being in recess). We were right.

Meet Porter Wilkinson. And don't hate her because she's beautiful. Or brilliant. Or rich. Or the daughter of a top feeder judge and frequent Supreme Court short-lister, Judge J. Harvie Wilkinson (4th Cir.).

Or, for that matter, a future Supreme Court clerk. We hear that Judge Wilkinson's daughter -- yes, Porter is a girl's name, if you're a WASP -- just landed an October Term 2008 clerkship with Chief Justice John Roberts. Congratulations, Porter!

Not surprisingly, we hear that the young Ms. Wilkinson is fairly conservative -- in case you couldn't have guessed that from the fact that she's currently clerking for Judge Brett Kavanaugh (D.C. Cir.) (alongside the lovely, and recently married, Zina Gelman).

And where did we hear about Porter's politics? From Judge Wilkinson himself!

In late July, we attended the excellent national convention of the American Constitution Society, in Washington, DC. Judge Wilkinson was on one of the panels. In thanking the ACS for inviting him, he noted that his son is a member of the liberal organization -- but that he's balanced out by his sister Porter, a card-carrying member of the Federalist Society. We bet the Wilkinsons must have interesting dinner table conversations.

Porter Wilkinson continues the trend of fathers and daughters who both clerked for the Court (as noted by Tony Mauro). See here.

Update: A tipster tells us, "FYI, Porter was an All-American lacrosse player at UNC. See here. Her husband [Christian Cook] was lacrosse Defenseman of the Year at Princeton and three-time national champion. Formerly of the Secret Service. See here. They got married this past summer in Charlottesville."

With Porter Wilkinson added, the current list of OT 2008 clerks thus far appears after the jump.

Graduation Awards: Four in the Class of 2007: Porter Wilkinson [Virginia Law]
Carter Phillips' Kin Is Alito Clerk [Legal Times]

Continue reading "Supreme Court Clerk Hiring Watch: OT 2008 (Update #5)"

Linda Greenhouse: A Drama Queen in Capri Pants?

Linda Greenhouse 5 New York Times Above the Law blog.JPGIn case you haven't noticed, we're kinda obsessed with Linda Greenhouse, the longtime Supreme Court correspondent for the New York Times. But we're afraid she's not our biggest fan. :-(

At the recent (and excellent) ACS National Convention, Tom Goldstein of SCOTUSblog moderated a fantastic panel on covering the Supreme Court. One of the panelists was Linda Greenhouse. After the panel, we approached and introduced ourselves. Her sarcastic response: "Oh, so you're the famous David Lat."

(Ouch -- but we loved it. Getting abused by divas is one of our favorite pastimes!)

We praised her work. La Greenhouse quipped, quasi-snarkily (you had to be there): "Do you already have what I said up on the web?"

We offered her our business card, which she finally took -- after pointedly letting it hover in the air. She did not proffer hers, then strode away, capri pants flapping in the ballroom's air conditioning.

So yes, Linda Greenhouse -- we had a reason for bringing her up. Did you catch her "Supreme Court Memo" in yesterday's Times, on Chief Justice John Roberts's recent seizure?

We have some meta-commentary on it. Check it out, after the jump.

Continue reading "Linda Greenhouse: A Drama Queen in Capri Pants?"

Breaking: Chief Justice Roberts Taken To Hospital

animated siren gif animated siren gif animated siren gif drudge report.GIFBreaking news, from NBC (via Drudge):

Chief Justice John G. Roberts was hospitalized Monday after falling while on vacation in Maine, the Supreme Court told NBC News. Roberts, 52, fell at his summer home off Port Clyde [previously profiled in Lawyerly Lairs]. The court said he was taken to a hospital as a precaution.

The nation's top judge was fully awake and coherent both at his home and later at the hospital, the court said.

Lyle Denniston has a few more details over at SCOTUSblog.

The upshot: JGR is doing just fine. But it's a reminder that anything can happen -- that life is full of unpredictability.

Because if any member of the Supreme Court were to star in a Lifealert commercial -- and utter those famous words, "I've fallen, and I can't get up!" -- wouldn't it to be Ruth Bader Ginsburg?

Or maybe John Paul Stevens, who bears a reasonably strong resemblance to the man who cries out, "I'm having chest pain!" If you disagree, refresh your recollection here:

Chief Justice Roberts hospitalized [MSNBC]
Chief Justice falls [SCOTUSblog via How Appealing]
Lifecall/Lifealert - Commercial [YouTube]

Earlier: Lawyerly Lairs: Chief Justice Roberts's Island Hideaway

Legal Eagle Wedding Watch: Deb-acle!

Legal%20Eagle%20Wedding%20Watch%20NYT%20wedding%20announcements%20Above%20the%20Law.jpgLEWW salutes Laura Marshall Worth, a direct descendant of Chief Justice John Marshall, who celebrated her wedding last weekend. Laura wasted a great law-school admissions essay and became a teacher, so this hat-tip is all she gets.

Here are our three lucky finalist-couples:

1. Rebecca Ingber and Anton Metlitsky

2. Alexandra Flood and Samuel Alcoff

3. Devon Powers and David Bennion

More about these couples, after the jump.

Continue reading "Legal Eagle Wedding Watch: Deb-acle!"

The Best in Benchslappery: A Compendium for OT 2006

supreme court small frontal Above the Law blog.JPGLate last week, Bill Mears of CNN wrote a helpful round-up of the best benchslaps from the Supreme Court's most recent Term. It starts off:

One Supreme Court justice says his fellow conservatives are "too dismissive" of government efforts to ensure racial diversity in schools. Another more liberal member says those on the right did "serious violence" to a high school student's free speech rights. And one conservative slams another for "faux judicial restraint."

That last bench-slap was one of several delivered by Justice Scalia to Chief Justice Roberts. For more, see this Linda Greenhouse piece.

But after all the verbal roughhousing, the justices go back to being friends. Then they scamper off to a bevy of European countries, where they spend the summer soaking up adulation and cash teaching summer courses in constitutional law.

The members of the SCOTUS regularly complain about the inadequacy of federal judicial pay. But let's not forget that they -- as well as certain other federal judges, like the members of the D.C. Circuit -- basically get summers off.

Being a Supreme Court justice: Nice work if you can get it!

Justices take potshots in opinions [CNN via How Appealing]
Even in Agreement, Scalia Puts Roberts to Lash [New York Times]
Supreme Court Justices Hit the Road for the Summer [Legal Times via WSJ Law Blog]

Breaking: Supreme Court Strikes Down School Integration Plans

kids schoolkids black white schoolchildren Abovethelaw Above the Law blog.jpgFrom 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!

(Note to diner owners: Keep those floors dry -- or at least have a warning sign up while you're mopping. If Judge Bork slips and falls, he WILL sue your ass.)

Court strikes down school integration plans [SCOTUSblog]
Schools Must Ignore Race in Placing Pupils, Justices Say [Associated Press]

The Women of One First Street: Some SCOTUS Scuttlebutt

Supreme Court 6 Above the Law blog.JPGWe're a little late on this (and blame our tardiness on associate pay fixation). But here are two interesting tidbits of Supreme Court gossip, from Tony Mauro of the Legal Times:

1. Carter Phillips' Kin Is Alito Clerk [Legal Times]

One of Justice Samuel Alito's incoming clerks, Jessica Phillips -- who has been described as "beautiful and brainy" -- is the daughter of renowned Supreme Court litigator Carter Phillips. This means that Jessica "will have no involvement in cases in which her father’s firm, Sidley Austin, participates" -- which has ranged as high as 20 percent of the Court's docket.

(Btw, Jessica Phillips is not the first female clerk whose father also clerked for the Court. Mauro ticks off a list of five daughters of male clerks who went on to become clerks themselves. Check it out here.)

2. New Job for Mrs. Roberts [The BLT: The Blog of Legal Times]
More on Jane Roberts' New Job [The BLT]

Lawyer Jane Sullivan Roberts, the wife of Chief Justice John Roberts Jr. has a new job -- and it's not at a law firm. The leading legal search firm Major, Lindsey & Africa announced this morning that Mrs. Roberts is leaving Pillsbury Winthrop Shaw Pittman's D.C. office to become leader of the In-House Practice Group in Major, Lindsey & Africa's D.C. office.

Inquiring minds want to know: Will Jane Roberts continue to earn more than her husband in her new position?

(That was surely the case in her old job, when Jane Sullivan Roberts was a partner at Pillsbury Winthrop. Even though her most recent post at the firm was Executive Partner for Talent Development, which probably didn't involve a lot of client-billable work, it would be shocking for a Biglaw partner to earn less than her hubby's $212,100 salary as Chief Justice.)

Justice John Paul Stevens: He Likes 'Em Young

John Paul Stevens Justice John Paul Stevens Above the Law blog.jpgWhen 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

Linda Greenhouse: God Save the Queen?

Linda Greenhouse 5 New York Times Above the Law blog.JPGBecause she needs all the help she can get these days. Backlash and insurrection against New York Times reporter Linda Greenhouse, the long reigning queen of the Supreme Court press corps, continue to grow.

For years, the courts construed 40 U.S.C. 6134 -- which forbids "loud, threatening, or abusive language in the Supreme Court Building" -- as prohibiting criticism of Linda Greenhouse. As a result, nobody within the legal or media establishment dared breathe a harsh word about her. But now, after decades of dominance, La Greenhouse is slipping -- and increasingly vulnerable to attack.

Fueled by the success of the bestselling, critically acclaimed Supreme Conflict, Jan Crawford Greenburg -- ABC News's young, talented, and utterly gorgeous Supreme Court correspondent -- is challenging Greenhouse for the title of America's top Supreme Court reporter. Last month, a threatened LG tried to mount a snarky counterattack. But rather than damaging Greenburg's reputation, it merely caused SCOTUS insiders to marvel at Greenhouse's pettiness.

And now Greenburg's challenge to Greenhouse is emboldening others. Some dare to claim that the empress has no clothes. Take Adam J. White of Baker Botts, a former Sentelletubby and legal commentator. White had this to say about Linda Greenhouse, in an essay for the Weekly Standard:

The law takes the long view, and so do its chroniclers -- none more so than Linda Greenhouse, New York Times reporter and unofficial doyenne of the Supreme Court press corps. But Greenhouse's recent essay on Chief Justice Roberts exemplifies the risks of racing to write the second draft of history before the first: By attempting to turn a single case into a moment of historic importance, Greenhouse misdescribes the record of one chief justice and severely insults another.

OUCH -- and there's more. You can read the rest of the piece here.

0-for-2: Linda Greenhouse gets both Rehnquist and Roberts wrong [The Weekly Standard via How Appealing]

Breaking: Supreme Court Upholds Constitutionality of Partial Birth Abortion Act

Pregnant Belly 2 Above the Law blog.JPGThis just in from One First Street. The Associated Press reports:

The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long- awaited victory they expected from a more conservative bench.

The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman's constitutional right to an abortion.

The opponents of the act "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases," Justice Anthony Kennedy wrote in the majority opinion.

The decision pitted the court's conservatives against its liberals, with President Bush's two appointees, Chief Justice John Roberts and Justice Samuel Alito, siding with the majority.

This ruling lends support to those who predict -- like Jan Crawford Greenburg, in Supreme Conflict -- that Chief Justice John Roberts and Justice Samuel Alito will move the Court significantly to the right in the years ahead. Before Justice Alito replaced Justice Sandra Day O'Connor, a decision like this one would have required the conservatives to secure TWO swing votes, AMK and SOC, instead of just one. That frequently doomed the conservatives to defeat in the big-ticket cases.

So Justice Alito, appointed to the Court by President Bush, probably made all the difference here. As Senatrix Barbara Boxer recently observed: "Elections have consequences."

Update: For more detailed commentary, check out Lyle Denniston's SCOTUSblog post, which quotes extensively from Justice Kennedy's majority opinion and Justice Ruth Bader Ginsburg's dissent. To read the opinion itself, click here (PDF).

Court Backs Ban on Abortion Procedure [Associated Press]
Court upholds federal abortion ban [SCOTUSblog]
Gonzales v. Carhart (PDF) [SCOTUSblog]
Senator Boxer: Elections Have Consequences [YouTube]

Un-PC Law Student Leader Mauled By Northwestern Wildcats

Northwestern Law wildcats Above the Law.jpgWe're not sure we "get" this story. We agree, in part, with this comment:

[The Northwestern Law School controversy] sounds very boring to me.

The SBA president offends the Latinos Students association, people ask him to resign, he resigns. End of story.

Where's the "scandal"? Who cares....

Our only observation, which the WSJ Law Blog post hints at, is the sheer irony of all this. The SBA president got in trouble for not inviting minority student group leaders, qua minority student group leaders, to a breakfast with Chief Justice John Roberts (and for some remarks he made after the fact).

Yes, THAT Chief Justice Roberts. The jurist who wrote, in last year's big Texas redistricting case: “It is a sordid business, this divvying us up by race."

It is a sordid business, this divvying up of breakfast tickets by race.

But we seem to be in the minority. Several of you have asked us to write something about this dispute. And over at the WSJ Law Blog, there's a comments clusterf**k going on.

So here's an open thread. Enjoy!

P.S. We have to step away for a bit. But if we get inspired, maybe we'll update this post a bit later with some actual substance.

Law School Group Leader Resigns Amid Controversy [Daily Northwestern]
Breakfast of Controversy [WSJ Law Blog]

Morning Docket: 02.07.07

* Lower wages for women? Always. [MSNBC]

* Trial date set for only charged Abu Ghraib officer. [Jurist]

* Racial controversy: the breakfast of champions. [WSJ Law Blog]

* Gay groups not really satisfied about Super Bowl ad; Snickers pulls it. [AP via Findlaw]

* North Dakota, now slightly less boring, but not really, issues hemp permits. [AP via Yahoo!]

Justice O'Connor: Retired, But Not Reclusive

sandra day o'connor 2 justice o'connor.jpgNewsweek has an interesting article about retired Supreme Court justice Sandra Day O'Connor. The gist of the piece is that even though Justice O'Connor is longer on the Court, she's still extremely busy. Since her SCOTUS retirement, she has served on the Iraq Study Group, which published its report not too long ago; sat by designation on circuit courts (by our count, at least three -- the Second, Eighth, and Ninth); worked on books; and delivered speeches, including vigorous defenses of "judicial independence."

The most noteworthy material concerns the timing of Justice O'Connor's departure from the Court:

O'Connor carefully weighed when to quit the bench. In the spring of 2005, with Chief Justice William Rehnquist publicly battling thyroid cancer, the two justices discussed timing. "We talked a little bit," O'Connor recalls. "I was concerned about whether he had an intention to step down since his plans might have altered my own. It's hard for the nation to grapple with two [retirements] at once," she says. "He indicated he didn't want to step down." So she realized she had to go first.

And so she did, announcing her retirement on July 1, 2005. As it turned out, however, Chief Justice Rehnquist passed away about two months after SOC stepped down. So the nation did end up having to deal with two vacancies at the same time. (Then-Judge John Roberts was moved over to the Chief spot, after being nominated initially as an Associate Justice, and Judge Samuel Alito was subsequently appointed to replace Justice O'Connor.)

The article also reports unfortunate news concerning Justice O'Connor's husband, John Jay O'Connor III:

After O'Connor was freed from her daily duties at the court—it took six months before Alito took her seat—John's condition deteriorated. Last summer she reluctantly placed him in a care center near their home in Phoenix; she visits him often. "It's such a miserable disease. It's so sad. It's so hard. I did the best I could," she says. "He wants me there all the time."

Justice O'Connor's departure has left a void on the Court. And we're not talking about making Justice Kennedy even more of an influential swing vote.

What we want to know is: Now that SOC is away from One First Street most of the time, who leads the morning aerobics classes at the Supreme Court gym -- as Justice O'Connor used to do, on a daily basis before she retired? Although Justice Ruth Bader Ginsburg was a cheerleader in her youth, she no longer seems like the aerobicizing type.

And don't look to SOC's replacement, Justice Samuel Alito. We adore Justice Alito as a jurist. But we don't think we're alone in not wanting to see him in spandex.

Justice: Bench Player [Newsweek via WSJ Law Blog]

Supreme Court Clerk Hiring: A Few More OT 2007 Hires

Supreme Court hallway Above the Law Above the Law Above the Law.JPGA quick update to yesterday's post about Supreme Court clerk hiring for October Term 2007. Here are two more hires we've just learned about:

1. Chief Justice John Roberts has hired Joshua Hawley (Yale 2006 / McConnell).

From The Journal's Journal (an email newsletter for Yale Law Journal members):

Congratulations to Volume 115 Articles Editor Josh Hawley, who will be clerking for Chief Justice John Roberts in OT ‘07. He joins Editor-in-Chief C.J. Mahoney (Kennedy OT ‘07) and Notes Editor Marah Stith (Thomas OT ‘09) as 115 Board Members who will be clerking for the Supreme Court.

2. Justice Ruth "But I'm a Cheerleader" Ginsburg has hired Ruthanne Deutsch (Georgetown 2004 / Dyk (Fed. Cir.)). Deutsch is currently an associate at Sidley Austin in DC.

Once again, we reprint an updated tally of October Term 2007 clerks, reflecting these two additions (and the correct spelling of Zach Tripp's last name), after the jump.

Continue reading "Supreme Court Clerk Hiring: A Few More OT 2007 Hires"