Stephen Breyer

stephen breyer stephen g breyer jeffrey toobin jeff toobin.JPGAnother weekend, another out-of-town excursion. In a few hours, we’re heading back up to the Big Apple, to attend events at the New Yorker Festival. A brief description of the Festival, from its website:

The New Yorker Festival returns for its seventh year, from October 6th through October 8th, in a celebratory weekend of public discourse on arts and ideas. The three-day schedule of events encompasses readings, musical performances, interviews, debates, and excursions around New York City.

If you happen to be attending the Festival too, please come up and say hello. We’ll be at these events:

1. Fiction Into Film

2. TV, Movies, and the Mob

3. The Honorable Stephen G. Breyer and Jeffrey Toobin

4. Master Class in Criticism: Hilton Als and Anthony Lane

5. Jon Stewart Interviewed by David Remnick

We’re especially looking forward to the appearance of Justice Stephen G. Breyer, whom we’ve never seen up close and personal.* Justice Breyer will be interviewed by Jeffrey Toobin — who, for obvious reasons, is one of our favorite legal journalists (or writers of any type, period). Last year we attended Jeff Toobin’s interview of Edie Falco, which was nothing short of brilliant — one of the best live interviews we’ve ever attended (and we’ve attended many over the years; we’re interview junkies).
Our excitement about seeing Justice Breyer has only increased since we realized, earlier today, that he looks like an older version of one of our favorite screenwriters and actors: the phenomentally talented, unfailingly hilarious Mike White, who wrote and acted in Chuck & Buck, The Good Girl, and The School of Rock (among many other films).**
Check it out. Here’s the ocular proof:
mike white screenwriter justice stephen breyer stephen g breyer.JPG
* We’ve seen all of the justices from across the SCOTUS courtroom, at oral argument (including the late Chief Justice Rehnquist and retired Justice O’Connor). But in terms of actual, formal introductions — of the handshake-and-name-exchange type — we’ve met only Justices Scalia, Thomas, and Alito.
** Chuck&Buck is one of our favorite movies of all time. We have a weakness for films focused on obsession and insanity. E.g., All About Eve, The Piano Teacher, Fatal Attraction, Monster.
The New Yorker Festival [official website]
Mike White biography [Yahoo! Movies]
Mike White I [IMDb]

judge william pryor bill pryor william h pryor jr.jpgJudge William H. Pryor, Jr., of the Eleventh Circuit, had an interesting op-ed in yesterday’s Wall Street Journal, in which he took issue with various “leaders of the bench and bar [who] have decried what they describe as unprecedented threats to the independence of the judiciary.” It’s a fun little piece, largely because the position Judge Pryor critiques is accepted in many quarters as a truism.
From the perspective of Article III groupies, however, this might be the best paragraph in the whole thing. It is, in essence, a concise collection of notable benchslaps — which Judge Pryor marshals in support of the proposition that recent critiques of the judiciary may not be as harsh as they seem.

Many contemporary criticisms of judicial decisions by politicians are no more heated than the criticisms written by jurists in dissenting opinions. In Roper v. Simmons, Justice O’Connor protested that “the Court [had] preempt[ed] the democratic debate through which genuine consensus might develop.” Justice Breyer warned, in what he called the “highly politicized matter” of Bush v. Gore, that “the appearance of a split decision runs the risk of undermining the public’s confidence in the Court itself.” Consider also the harsh words of Justice William Brennan in Oregon v. Elstad: “the Court mischaracterizes our precedents, obfuscates the central issues, and altogether ignores the practical realities . . . that have led nearly every lower court to reject its simplistic reasoning.”

Good stuff. But we must point out a notable omission: Why no Nino?
‘Neither Force Nor Will, But Merely Judgment’ [Wall Street Journal via How Appealing]
Judge Pryor’s Op-ed in Today’s WSJ [Southern Appeal]

stephen breyer in track suit.JPGLately you haven’t been sending many legal celebrity sightings our way. C’mon, guys — we know you can do better. If you harbor doubt as to who constitutes a “legal celebrity” in our book, please review this post.

Due to your delinquency, we’ll have to resort to some rather hoary sightings. Here’s the first, inspired by our recent post about legal hotshots chowing down:

As for food sightings, I hear that Leonard Leo has his own wine locker at Morton’s. One day this past summer, he was there and Miguel Estrada was in the next booth.

For those of you outside the Beltway, Leonard Leo is Grand Poobah of the Federalist Society — ringmaster of the good Senatrix’s “vast right-wing conspiracy.” Miguel Estrada — aka “the kid from Teguicalpa” — is the brilliant Latino lawyer, and former nominee to the celestial D.C. Circuit, who is often talked about as a possible SCOTUS nominee (in a Republican administration).

And what do great legal minds do to work off all those calories? Justice Sandra Day O’Connor, Judge Consuelo Callahan (9th Cir.), and Judge Kathleen Cardone (W.D. Tex.) are aerobics aficionados. And all three, coincidentally, used to teach it. Justice O’Connor led the female law clerks in aerobics at the Supreme Court; Judge Callahan was an instructor at Jack La Lanne Fitness in Stockton, California; and Judge Cardone led classes at EP Fitness in El Paso, Texas.

Meanwhile, Justice David Souter, feeder judges J. Harvie Wilkinson (4th Cir.) and Diarmuid F. O’Scannlain (9th Cir.), and ex-Judge Michael Chertoff (3d Cir.) enjoy running. And they’re not the only ones:

An older sighting (March), but a good one. I was driving my car in Georgetown one Sunday morning behind a jogger (blue/black long spandex pants and windbreaker). He was trotting right down the middle of the street, leaving no opportunity to pass on either side.

We followed behind him for about 2 blocks, going an infuriating 4 mph. When he hits the end of the block, he turns and starts jogging the opposite way, and now he’s heading straight in our direction. It was unmistakably Justice Stephen Breyer.

We commend Justice Breyer for his fitness regimen (which may explain why he’s one of the more svelte of the justices). But please, Your Honor — show some consideration for the motorists.

(Yeah, we know — those brick sidewalks in Georgetown can be a real bitch. But remember the words of Nietzsche: “That which does not kill us makes us stronger.”)

Morning Docket: 09.20.06

stephen breyer justice.jpg* The Judicial Conference of the United States, the policy-making body for the federal judiciary (but not the SCOTUS), has announced measures to improve the judiciary’s self-policing and public accountability. They include required installation of “conflict checking” software — get with it, Your Honors, that’s long overdue — and enhanced disclosure concerning judicial junkets. [New York Times; Washington Post]
* Speaking of judicial naughtiness, a commission headed by Justice Stephen G. Breyer has concluded that the Ninth Circuit mishandled its investigation of Judge Manuel Real — who is now facing an impeachment inquiry. [Los Angeles Times via How Appealing]
* The latest news in L’Affaire HP: Lawyers all around! HP general counsel Ann Baskins has retained white-collar specialist Cristina Arguedas, and Larry Sonsini has retained Michael Madigan, of Akin Gump. [The Recorder; WSJ Law Blog]
* Trying to come up with legislation to govern interrogation and treatment of terror suspects: Still a big ol’ mess. Wake us up when something’s actually accomplished. [Washington Post; New York Times]

supreme court 2006.jpg

It’s that time of the year again, kids: when the members of the Supreme Court release their financial disclosure forms. We now get to engage in a little bit of financial voyeurism, learning which justices have gold-plated gavels, and which ones must settle for plastic. Delicious!
Unfortunately, the information isn’t as comprehensive as it could be. Asset values are reported in ranges, not exact dollar amounts. Primary residences aren’t included. But we’ll take what we can get.
As was the case last year, Justice Ginsburg and Justice Souter top the list. Here are the asset ranges, justice by justice:

Ruth Bader Ginsburg: $6,400,000-$28,000,000

David Souter: $5,600,000-$26,300,000

Stephen G. Breyer: $4,125,080-$15,440,000

John G. Roberts, Jr.: $2,235,063-$5,860,000

John Paul Stevens: $1,590,018-$3,480,000

Antonin Scalia: $700,019-$1,595,000

Samuel A. Alito, Jr.: $665,025-$1,740,000

Clarence Thomas: $150,006-$410,000

Anthony Kennedy: $65,005-$195,000

Additional commentary and links, after the jump.

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