From the Above the Law mailbag: “Is ATL ever going to call out Judge Posner for being so needlessly nasty to litigants?”
Ummm, no. I’m a big fan of Judge Richard Posner, who is brilliant and hilarious. (Yes, hilarious — if you doubt that, check out the awesome podcast that he and I did together, which you can download and listen to during your commute or at the gym.)
But in the interest of fairness, I will make this reader’s case. This correspondent cited the recent oral argument in Notre Dame v. Sebelius, which we alluded to yesterday, in which Judge Posner dispensed some benchslaps to Matthew Kairis, head of litigation in the Columbus office of Jones Day. The reader also mentioned the argument on remand in the Conrad Black case, alleging that Posner “was particularly nasty to Miguel Estrada, seemingly piqued that Estrada got him reversed by SCOTUS.”
Let’s focus on the Notre Dame v. Sebelius argument, since it just happened. How bad was it?
What if Supreme Court nominees didn’t have to defend themselves to the American public? What if the U.S. Senate’s constitutional privilege of “advice and consent” was revoked? What would the Court look like if the nominees didn’t have to even pretend to be moderate?
It’s a thought experiment that we’re sure has been done countless times before. But we’ve never done it, so we’ll plunge ahead.
Here are the rules: (1) The nominee should be unconfirmable. (2) The nominees on the right should make Elie angry; the nominees on the left should make Lat uncomfortable. (3) Mealy-mouthed moderates need not apply.
“Chef Robert Irvine faces his most daunting assignment yet. In a surprise meeting, the governor of Pennsylvania [Ed Rendell] challenges Robert to prepare a stately array of hors d’oeuvres for his Inaugural Ball. In just 24 hours Robert has to create and prepare Pennsylvania delicacies to feed 4,000 attendees!”
Television commercials reveal that Judge Rendell will appear on the show. I suspect that it will be diva-licious!
We agree. And perhaps Judge Rendell, who has given musical guidance to Jon Bon Jovi, can teach Irvine a thing or two about cooking.
By day, Judge Marjorie O. Rendell of the Third Circuit develops groundbreaking precedents affecting fundamental constitutional rights. By night, First Lady Marjorie “Midge” Rendell of the Governor’s Mansion develops… recipes!
Have any of you — maybe there are some former Rendell clerks among you — sampled Judge Rendell’s cuisine? If so, we’d love to get your firsthand report.
P.S. If you’re such a huge Judge Rendell groupie that you want to see her in person as well as on television, check out this event, taking place in Philadelphia on Sunday afternoon. It sounds fantastic.
We would have loved to watch the legendary Miguel Estrada and David Rudovsky argue before a star-studded bench. But when we called yesterday to reserve a seat, we were informed that seats are no longer available.
If you hang around outside the entrance, though, maybe you can catch a glimpse of judicial hottie Rendell as she enters or exits the building. Good luck!
Other guests of note: former Solicitor General Ted Olson, and former D.C. Circuit nominee — and possible Supreme Court nominee — Miguel Estrada. (Both are now partners in the elite D.C. office of Gibson, Dunn & Crutcher.)
So, if you think about it, you’re talking about two legitimate Supreme Court justices and, but for the cruel hand of fate, three other contenders for the Court.
WOW. Not much else to say, except: WOW.
If you were a guest at this star-studded gathering, and can offer an eyewitness report on the festivities, please drop us a line. We have so many questions. For example:
Today’s Wednesday. Guess what that means? Time for another sycophantic profile of Georgetown Law Professor Neal Katyal!
Katyal, you surely recall, successfully argued Hamdan v. Rumsfeld before the Supreme Court. For that achievement, he earned a place in the footnotes of legal history — and, even more importantly, an appearance on the Colbert Report.
After his SCOTUS victory, Katyal was all over the newspapers and airwaves. Are you getting tired of him? Well, you’re not alone. He’s in danger of becoming overexposed, the Lindsay Lohan of the Elect. He needs to pace himself if he wants to have staying power. (Katyal should get some p.r. pointers from Professor Noah Feldman and Supreme Court litigator Jeffrey Fisher, two young former SCOTUS clerks who have managed to stay in the spotlight for more than 15 minutes.)
Anyway, if you’re interested in the latest ode to Katyal, we’ve excerpted the best parts 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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