Now that President Obama has interviewed the four finalists for the U.S. Supreme Court seat he has to fill — Judge Merrick Garland (D.C. Cir.), Solicitor General Elena Kagan, Judge Sidney Thomas (9th Cir.), and Judge Diane Wood (7th Cir) — the nominee could be announced any day now. Who will it be?
We realize that the betting men (and women) favor Solicitor General Elena Kagan. Kagan is also the pick of Tom Goldstein, the veteran Supreme Court litigator and founder of SCOTUSblog, who correctly forecast the nomination of Sonia Sotomayor (a nomination that the White House sought his counsel on).
But we’re going to go out on a limb and make a crazy prediction: President Obama is going to nominate Judge Diane Wood, of the Seventh Circuit, to the Supreme Court. He’ll announce the nomination on Monday, May 10 — the Monday after Mother’s Day. (That’s significant, for reasons we’ll get to later.)
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.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.