Who will replace Justice John Paul Stevens? While pundits, savants, and oracles across the SCOTUSphere pontificate and read Article III tea leaves, FantasySCOTUS.net conducted extensive and detailed polling to predict the next Justice. We have invited our nearly 5,000 members – who represent some of the closest and most ardent Court watchers – to weigh in on the vacancy, rank the candidates on the short list, and give their views on the potential nominees. We are still collecting data.
This is the third in a series of posts breaking down this data, as we attempt to add some certainty to the vast amounts of uncertainty emanating from the penumbras of the upcoming vacancy.
This week, we pit Elena Kagan, Diane Wood, and Merrick Garland in a head-to-head-to-head confirmation death match…
For weeks, the media laundry machine has been circulating news of Supreme Court Justice John Paul Stevens’s impending retirement. Now that the buzzer has gone off on that, it’s time to switch to the next cycle: speculation as to who President Barack Obama will nominate to replace him.
President Obama has been dragging his feet in his appointment of federal judges. We are relieved to hear that he is going to pick up the pace for announcing his Supreme Court pick. ABC News reports that the White House is prepared — thanks to Stevens’s public pondering — and that the announcement will come “within weeks.” Which isn’t really very helpful at all. Two weeks? Four weeks? Twelve weeks?
BLT reports on Obama’s speech from the Rose Garden today:
“While we cannot replace Justice Stevens’ experience or wisdom, I will seek someone in the coming weeks with similar qualities — an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law, and a keen understanding of how the law affects the daily lives of the American people,” Obama said. “It will also be someone who, like Justice Stevens, knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.”
Please make it fast, Obama. We’re ready to move on to the confirmation hearing cycle!
LEWW’s memory isn’t what it once was, but we can’t recall a stronger week in legal nuptials than this one. All six of our featured newlyweds are truly impressive, and a few are even interesting! And not to give anything away, but if you love SCOTUS clerks (and oh, we do!) prepare to curl your toes in ecstasy.
Here are our finalists:
The second panel we attended at the recent convention of the American Constitution Society (ACS) focused on a topic near and dear to our heart: free speech on the internet.
The panel, The Internet Revolution and Its Effect on the First Amendment, featured the following participants:
Judge Merrick B. Garland, U.S. Court of Appeals for the D.C. Circuit
Ann Beeson, Executive Director, U.S. Programs, Open Society Institute
Gregory S. McCurdy, Senior Policy Counsel, State Government Affairs, Microsoft Corporation
Cliff Sloan, Skadden, Arps, Slate, Meagher & Flom
Paul M. Smith, Jenner & Block, LLP
Lee Tien, Senior Staff Attorney, Electronic Frontier Foundation
A summary of the extremely interesting discussion, after the jump.
LEWW 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:
In a recent post about Peter Barta, the Legal Aid lawyer who allegedly videotaped his female colleagues as they were getting undressed, we ranked on policy debaters.
Maybe we should take it back. From a highly informative reader email:
Not all former policy debaters are creeps. Here’s a list of former policy debaters who are current or future legal rock stars:
Justice Samuel Alito, Judge Merrick Garland, Larry Tribe, Louis Kaplow, Erwin Chemerinsky, NYU President John Sexton, Jonathan Massey, David Boies, Tom Goldstein, Rebecca Tushnet, Annie Kastanek (OT 2007/Kennedy), and John Hughes (OT 2005/Thomas; pictured at right, captured in mid-debate).
Former policy debaters, please accept our apologies. We did extemp and L-D debate in high school, and we generally viewed C-X debaters with suspicion. They struck us as kids who talked reallyreallyfast, warning constantly of nuclear war. But maybe we were wrong.
To paraphrase the “ignorant tipster” from the Oona O’Connell story: “We feel kind of bad that we prejudged them. Sorry to sound like an afterschool special. But you know what? Perhaps we learned a lesson today. Good on you. ‘The more you know.’” Earlier: Reading the Bartameter (Part 3): What Is Up With Those Policy Debaters?
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.
“Nobody’s finished, we ain’t even begun” is a good description of our progress on this column over the past few days. We apologize for serving up your weekly dose of LEWW a bit later than usual.
Some good weddings we aren’t writing about this week: another seedling from William Howard Taft’s family tree, hot lesbians, and an Ashley’s Ice Cream heiress.
Here are this week’s featured couples:
More about these couples, after the jump.
Also, some of you have inquired about submitting nominations for Couple of the Week from outside the pages of The New York Times. We’re confused. Surely you’re not suggesting that we grant the LEWW imprimatur to the undignified matings of commoners?
(In all seriousness: Although NYT wedding section is the only one LEWW reads religiously, we’d love to hear about notable nuptials our readers spot elsewhere. Just send us an e-mail early in the week.)
They should have induced delivery by Baker Botts associate Alexandra Walsh, so she would have popped out her baby girl in the middle of trial, before the jury (and preferably during the strongest part of the government’s case, for maximum distraction value).
Delivering a baby in open court would have created a magnificently dramatic scene. And it would have generated an unbreakable bond between defense counsel and the jurors that would have guaranteed acquittal for Walsh’s client, I. Lewis “Scooter” Libby. After you’ve watched a woman give birth, can you really send her client to the Big House?
Alas, the Libby defense team took a more conventional route. Alex Walsh didn’t go to court last Friday, reporting instead to a Washington-area hospital, where she delivered a baby girl.
More details about Walsh, from CNN:
Walsh — a 2001 graduate of Stanford Law School — was named by Washingtonian magazine last year as one of the “40 top lawyers under 40.” She has focused on white-collar criminal law and appellate cases.
Last month we published a round-up of Supreme Court clerk hiring for October Term 2007. We asked you to keep us updated as to future developments.
We thank you for doing so. Here is what we’ve heard recently. If you see any errors, or have anything to add, please let us know.
1. Justice Samuel Alito, who has already filled two of his spots for OT 2007, has completed his interviewing. He interviewed roughly 10 to 12 candidates for the two remaining clerkships. It is possible, if he likes someone enough, that he may hire one or two of his ’08 clerks from this batch of candidates.
2. Chief Justice John Roberts, for whom we had no information in our round-up, apparently has moved. From a tipster:
“I am sure you have probably already received this intel, but it appears Chief Justice Roberts has recently made a few hiring choices for OT 2007.”
“Looks like he hired Jason Burnette, a 2006 Georgia law grad currently clerking for Judge Anderson on the 11th. See here.”
“He also at least extended an offer to Anton Metlitsky, (I think you might have covered this guy over at UTR back in the day). I assume Mr. Metlitsky accepted.”
“Hope this info is helpful.”
It most definitely is. Thank you! And please keep the tips coming.
P.S.Yes, we did cover Metlitsky back in the day. See here. Metlitsky was hired by then-Judge Roberts to clerk for him on the D.C. Circuit. When JGR got brought up to the Supremes, Metlitsky sought refuge in the clerk-feeding arms of Judge Merrick Garland (D.C. Circuit).
P.P.S. Yes, we know — we owe you profiles of the current Breyer clerks. We’ve been distracted by Aaron Charney, associate pay raises, and Shanetta Cutlar. Rest assured, they are coming. In the meantime, if you haven’t done so already, check out our Alito clerk profiles.
The good news is that there’s stil time for you to email us with your tidbits about them. We look forward to hearing from you.
P.P.P.S. We reprint an updated tally of October Term 2007 clerks, as well as links to our prior posts, after the jump.
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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