Senate Judiciary Committee

Morning Docket: 02.10.12

By

Beyoncé

* “All My Justices” may soon be coming to daytime television station near you. In a close vote, the Senate Judiciary Committee approved a bill that calls for television access to Supreme Court proceedings. [Legal Times]

* A former Cravath associate’s law license has been suspended as a result of a DV assault charge. For every day spring bonuses go unannounced, another CSM attorney will do something to embarrass the firm. [Am Law Daily]

* Duncan Law wants wants a judge to reconsider an injunction, claiming “eight students have withdrawn” since its accreditation was denied. In other news, only eight students at Duncan Law have half a brain. [National Law Journal]

* If you liked it, then you should’ve put a trademark on it. Jay-Z and Beyoncé have filed a trademark application for their daughter’s name. Nothing says love like exploitation. [New York Post]

* Remember the siblings involved in a nationwide manhunt last summer? Stripper and bank robber extraordinaire Lee Grace Dougherty pleaded guilty, and now faces up to 28 years in jail. [New York Daily News]

Sign up for the Above the Law newsletter

Subscribe to our free daily email and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more.

Morning Docket: 11.11.11

By

Angelica Marie Cecora, Oscar's latest lady-friend

* A bill to repeal DOMA made it past the Senate Judiciary Committee, but members of the Senate don’t do dick (unless it’s in an airport bathroom), so it’s probably not going anywhere. [Blog of Legal Times]

* Next on the gay rights news beat, after waiting around for 18 months, WilmerHale attorney Edward DuMont has refused to be the last belle at the ball. He’s asked Obama to withdraw his Federal Circuit nomination. [ThinkProgress]

* “Be careful of what you do, ’cause the lie becomes the truth.” Sound familiar? Conrad Murray says the King of Pop deceived him. Oh, boo hoo. Come on, MJ warned you about this stuff via song lyrics back in the eighties. [CNN]

* When a lawyer’s wife allegedly hires you to kill her husband, the easy way out isn’t to burn down his law firm. You kind of need to make sure that he’s in there first. [KBZK]

* Oscar de la Hoya’s got bigger problems than this kinky lawsuit. He’s probably more worried about getting runs in his stockings, to be honest. [New York Post]

* Snitches don’t get stitches in Mexico. They get their freakin’ heads chopped off. And now I wait for a drug cartel to come and murder me. [Daily Mail]

Quote of the Day: Intemperate Liberals Feel That Way About You

By

I’m hoping the living Constitution will die.

– Justice Antonin Scalia, in remarks made yesterday before the Senate Judiciary Committee. Justice Scalia and Justice Stephen G. Breyer were invited by the Committee to discuss their views on constitutional interpretation and the proper role of judges in our democracy.

Musical Chairs: Don Verrilli Confirmed As Solicitor General

By

There was a threat of a filibuster, but it was averted. Last night, the Senate confirmed Donald Verrilli Jr. to serve as U.S. solicitor general, by a vote of 72-16.

As one might expect of an SG, Verrilli has an incredible résumé. He graduated from Yale College and Columbia Law, where he served as editor-in-chief of the Columbia Law Review, then clerked for two legendary judges, Judge J. Skelly Wright (D.C. Cir.) and Justice William Brennan.

And that was just the start of a long and phenomenally successful legal career. Let’s go drool over Don Verrilli’s credentials — and check out his net worth, which is quite robust….

double red triangle arrows Continue reading “Musical Chairs: Don Verrilli Confirmed As Solicitor General”

Ex-Cravath Partner Nominated to S.D.N.Y. Is Pretty Stinking Rich

By

Katherine Forrest: You'd smile too if you were this rich.

I recently wrote about Katherine B. Forrest, the celebrated litigatrix nominated to a federal judgeship on the breathtakingly prestigious Southern District of New York. Forrest currently serves as a deputy assistant attorney general in the Department of Justice’s antitrust division, but before joining the DOJ she was a longtime partner at Cravath, Swaine & Moore — a premier, if not the premier, American law firm. Forrest was one of CSM’s most popular (and most powerful) young partners.

Katherine Forrest has a reputation as an incredible attorney, and she has the awards to prove it (see question 8). Not surprisingly, the ABA deemed her “unanimously well-qualified” as an S.D.N.Y. nominee.

So here’s what I wondered: Why did the amazingly accomplished Forrest, a partner at super-lucrative Cravath for over a dozen years, declare a mere $4.3 million on her net worth statement? Granted, $4.3 million is nothing to scoff at; KBF is rich (even by Elie’s standards). But it seemed to me that a lawyer of her distinction, who was a partner at a top firm for such a long time, should be even richer.

Thanks to information from helpful readers who saw my earlier post, I now know the truth. As it turns out, Katherine Forrest is considerably wealthier than that $4.3 million number suggests.

Way richer, in fact. Let’s find out….

double red triangle arrows Continue reading “Ex-Cravath Partner Nominated to S.D.N.Y. Is Pretty Stinking Rich”

Ex-Cravath Partner Turned Judicial Nominee Has Underwhelming Net Worth

By

Katherine Forrest: Why isn't her net worth higher?

As I’ve previously mentioned, one of my favorite parts of the judicial nomination process is the attendant financial voyeurism. Judicial nominees are required to make detailed disclosures about their finances, allowing us to learn about their income and net worth. For example, thanks to her nomination to the Supreme Court last year, we got to learn about Elena Kagan’s net worth.

Last week, the Senate Judiciary Committee released financial disclosure reports for several of President Obama’s recent judicial nominees — including antitrust litigatrix Katherine B. Forrest. Forrest has been nominated to the mind-blowingly prestigious Southern District of New York, perhaps the nation’s finest federal trial court. As a highly regarded lawyer who has won numerous awards and accolades (listed in her SJC questionnaire), Forrest will fit right in if confirmed to the S.D.N.Y. — a superstar among superstars.

The fabulous Forrest currently serves as a deputy assistant attorney general in the Department of Justice’s antitrust division. She joined the DOJ last October — a commendable public-service commitment that required her to relinquish her partnership in one of America’s mightiest and most prestigious law firms, Cravath, Swaine & Moore. When she left to pursue government service, Forrest had been a Cravath partner for over 12 years (since 1998), and had been with the firm for about 20 years in all (since 1990).

At the time of her departure for the Justice Department, Katherine Forrest had been taking home hefty paychecks for decades. First she was an associate at Cravath, which pays its people quite well, in case you hadn’t heard. Then she was a partner at the firm (reportedly one of the most well-liked and most powerful younger partners) — from 1998 to 2010, a period in which average profits per partner at CSM routinely topped $2 million and occasionally exceeded $3 million. And remember that Cravath is a lockstep partnership with a reported 3:1 spread, meaning that the highest-paid partners make no more than three times as much as the lowest-paid partners. So it’s not possible that she was earning, say, $400,000, while other partners were earning millions (which can be the case at firms with higher spreads).

In light of the foregoing, what is Katherine Forrest’s net worth, according to her Senate Judiciary Committee financial disclosures? Not as much as you might expect….

double red triangle arrows Continue reading “Ex-Cravath Partner Turned Judicial Nominee Has Underwhelming Net Worth”

Understanding Federal Judicial Nominations

By

Liveblogging of this interesting panel about judicial nominations at the National LGBT Bar Association’s Annual Lavender Law Career Fair and Conference, after the jump.

double red triangle arrows Continue reading “Understanding Federal Judicial Nominations”

Congratulations to Associate Justice Elena Kagan!

By

This should not come as a huge surprise, but Solicitor General Elena Kagan was just confirmed by the Senate as to be the 112th justice of the United States Supreme Court. Kagan, the first woman to serve as Solicitor General, is the fourth woman ever to serve on the Court.

CORRECTION: I replaced “as” with “to be” after receiving this from a former White House official: “I feel compelled to point out that the Senate confirmed Kagan TO BE the 112th justice, after which President Obama likely appointed her AS the 112th justice. Marbury, Madison, etc.”

The vote to confirm Kagan was 63-37. Check out C-SPAN for the full tally (scroll down). Ashby Jones has the highlights:

Fifty-eight Democrats and independents, as well as five Republicans, voted for Kagan. Thirty-six Republicans and one Democrat, Sen. Ben Nelson of Nebraska, voted against the nominee.

The five Republicans who supported Kagan were Sens. Susan Collins and Olympia Snowe of Maine, Lindsey Graham of South Carolina, Richard Lugar of Indiana and Judd Gregg of New Hampshire.

The current U.S. Supreme Court lineup (once Kagan is officially sworn in): Chief Justice John Roberts (Bush 43) and Justices Antonin Scalia (Reagan), Anthony Kennedy (Reagan), Clarence Thomas (Bush 41), Ruth Bader Ginsburg (Clinton), Stephen Breyer (Clinton), Samuel Alito (Bush 43), Sonia Sotomayor (Obama) and Elena Kagan (Obama).

UPDATE: In case you’re curious, President Obama’s prior SCOTUS nominee, Justice Sonia Sotomayor, was confirmed last year by a vote of 68-31, with nine Republicans in support. Three Republicans voted for Sotomayor but not Kagan: Lamar Alexander (Tenn.), Christopher Bond (Mo.), and Voinovich (Ohio). Scott Brown (Mass.) — who introduced Kagan at her hearings, by the way — voted against her (but wasn’t in the Senate yet for the Sotomayor vote). So did George LeMieux (Fla.), who replaced Mel Martinez (a pro-Sotomayor Republican).

After the Kagan vote, the Divine Miss K’s successor as Harvard Law School dean, Martha Minow, sent out a celebratory email at HLS….

double red triangle arrows Continue reading “Congratulations to Associate Justice Elena Kagan!”

Senate Judiciary Votes for Kagan 13 – 6

By

The Senate Judiciary Committee has voted to recommend Obama’s latest nominee to the Supreme Court, Elena Kagan, to the full Senate, by a vote of 13 – 6. So the former Harvard Law School Dean and current Solicitor General is one step closer to becoming the fourth woman ever to serve on the Supreme Court.

Kagan received exactly one of the seven possible votes from Senate Judiciary Republicans. South Carolina Senator Lindsay Graham was the only Republican to break ranks. But the Democrats held together, and it’s always impressive when Senate Democrats manage to not royally screw something up.

Kagan’s confirmation should be voted on by the full Senate sometime next week.

UPDATE: In case you’re wondering, this is the exact same vote that Sonia Sotomayor got when her nomination came out of the Judiciary Committee.

Judiciary panel OKs Elena Kagan for Supreme Court [Washington Post]

Quote of the Day: A Not-So-Ringing Endorsement

By

In addition to her intellect, academic and professional qualifications, Kagan did just enough to win my vote by her answers that television would be good for the country and the court, and by identifying Justice Marshall as her role model.

– Sen. Arlen Specter (D-PA), explaining in a Los Angeles Times op-ed piece why he will vote in favor of Elena Kagan’s nomination to the Supreme Court.

The Confirmation Process: Is This the Judiciary Committee We Deserve?

By

A lot of ink (virtual and otherwise) has been spent the last couple of days grading the performance of Elena Kagan at her Supreme Court confirmation hearings before the Senate. If confirmed, this week is the last time Kagan has to talk to the people, so it’s right to focus on how she did.

But there seems to be a media blind spot when it comes to grading the Senate Judiciary Committee itself. These 19 elected representatives are entrusted with the awesome responsibility of being the people’s voice in a process that ends with a lifetime appointment. Yet few seem to care if these guys are doing a good job — or if they even know what they are talking about. Sure, we’ve got to live with confirmed SCOTUS Justices for the rest of their lives, be we have direct electoral control over the Senators who do the confirming.  Is it too much to ask that we find 19 people in the entire U.S. Senate that actually understand what judges do for a living?

Let’s get this ball rolling. Which Senator best fulfilled his or her duty to all of us, and which ones need to be transferred to Foreign Relations — where only our enemies and allies have to suffer under their stupidity?

double red triangle arrows Continue reading “The Confirmation Process: Is This the Judiciary Committee We Deserve?”

Elena Kagan’s ‘Judicial Hero’: Who the Heck Is Aharon Barak?

By

Aharon Barak wonders: Why do Senate Republicans hate me so much?

Yesterday morning, while I was shamelessly snooping scanning the bookshelves of my significant other, a handsome book caught my eye. The title, Purposive Interpretation in Law, wasn’t very sexy, but the author’s name grabbed my attention: AHARON BARAK.

Yes, the Aharon Barak — the man whose name has been constantly invoked this week, over the past three days of Elena Kagan’s confirmation hearings. “The other white meat Barak,” not be confused with our president Barack (Hussein Obama). The bugaboo of the rule of law, in the eyes of Kagan critics. Quite possibly “the worst judge on the planet,” in the words of failed SCOTUS nominee Robert Bork.

As I picked up Barak’s book from the shelf, a chill ran up my spine. I felt myself in the presence of a judicial Voldemort. Should owning a book by Aharon Barak be grounds for breaking up with someone? Is it tantamount to owning a lovingly dog-eared copy of Mein Kampf?

I needed to educate myself. Just who is Aharon Barak?

double red triangle arrows Continue reading “Elena Kagan’s ‘Judicial Hero’: Who the Heck Is Aharon Barak?”