Supreme Court

supreme court hallway.jpgYesterday we put up a list of all the Supreme Court clerk hiring news that we have so far (for October Term 2007). We will update this post, or republish the list in a full post, as we receive more information.
After we put up the list, we received several corrections and additions (for which we thank you). We’ve revised the original list accordingly. But for those of you who haven’t looked back at the list since we first published it, we’d like to highlight these changes:

1. We’ve added the information that Stephen Cowen, a future clerk to Justice Anthony M. Kennedy, is currently clerking for Chief Judge Douglas Ginsburg (D.C. Cir.). This is information we already had, since Cowen was featured a few months ago in Legal Eagle Wedding Watch. We apologize for omitting it on the first go-round.

(Bloggers work quickly, and we don’t have a separate fact-checking department. Mistakes were, are, and will be made. Sorry.)

2. We’re advised that William Consovoy is now clerking for Justice Clarence Thomas in October Term 2008 (a possibility hinted at in the Wiley Rein press release). So that leaves Eric McArthur, Carrie Severino, Heath Tarbert and Leila Thompson — who has “awesomely fun hair,” we’re told — as the CT clerks for OT 2007.

3. Heidi Bond is a 2006 grad of Michigan (not a 2005 grad, as originally reported). Also, she used to blog at Letters of Marque. Now that she’s clerking for Judge Alex Kozinski, she has neither the time nor the ability to continue blogging (or sleeping or showering).

Do you have further corrections or additions — maybe some hiring news from Chief Justice John Roberts, on whom we have nothing so far? If so, please email us. Gracias.
Earlier: More SCOTUS Clerk Hiring News: October Term 2007 Hires

supreme court hallway.jpgWe’re continuing to profile the current class of Supreme Court law clerks. We’ve written up the Alito clerks for October Term 2006 already, and we’re working on profiles of the Breyer clerks.
(We reiterate our prior request for tips about the SGB crew, especially Thiru Vignarajah. We probably have enough material about the other three.)
Looking ahead to the future, here’s what we know so far about the justices’ hiring of law clerks for October Term 2007. Most of it is taken from Wikipedia.
Caveat lector: Wikipedia, of course, can be edited by pretty much anyone. So please note that much of the information appearing below is UNCONFIRMED. We have added links to additional, confirmatory sources where available, so you can weigh for yourself the reliability of the information.
Justice John Paul Stevens
1. Todd Gluth (Boalt Hall 2005 / W. Fletcher)
2. Sara Klein (Cardozo 2005 / Barry (3d Cir.) / Lifland (D.N.J.))
3. Kate Shaw (Northwestern 2006 / Posner)
4. Abby Wright (U. Penn. 2006 / Boudin)
Justice Antonin Scalia
1. Aditya Bamzai (University of Chicago/Sutton/OLC)
2. John Bash (Harvard 2006 / Kavanaugh)
3. Bryan Killian (Harvard / Niemeyer)
4. Rachel Kovner (Stanford / Wilkinson)
Justice Anthony M. Kennedy
1. Michael Chu (Harvard / D. Ginsburg)
2. Stephen Cowen (U. Chicago / D. Ginsburg)
2. Andrianna (“Annie”) Kastanek (Northwestern 2005 / Ripple)
3. C.J. Mahoney (Yale 2006 / Kozinski)
Justice Clarence Thomas
1. William S. Consovoy (George Mason 2001 / E. Jones)
2. Eric McArthur (Chicago 2005 / Luttig)
3. Carrie Severino (Harvard 2005 / Sentelle)
4. Heath Tarbert (U. Penn 2001 / D. Ginsburg)
5. Leila Thompson (NYU / Lambert (D.D.C.) / Sentelle)
Update: Upon information and belief, William Consovoy is now scheduled to clerk for Justice Thomas in October Term 2008, not October Term 2007. For more, see here.
Justice Ruth Bader Ginsburg
1. Brian Fletcher (Harvard 2006 / Garland)
2. Zack Trip (Columbia 2005 / Kearse)
Justice Stephen G. Breyer
1. Eric Feigin (Stanford 2005 / Wilkinson)
Justice Samuel Alito
1. David H. Moore (BYU 1996 / Alito)
2. Jessica Phillips (Northwestern 2006 / Flaum)
Justice Sandra Day O’Connor (retired):
1. Heidi Bond (U. Michigan 2006 / Kozinski)
(Random observation: WOW. This is shaping up as the best Term ever for Northwestern Law School, with three of its graduates landing SCOTUS clerkships so far. And U. Penn is doing quite well, too.)
As we all know, Wikipedia is not infallible. So if you have corrections (or additions) to any of the OT 2007 law clerk information appearing above, please email us. Thanks.
Update: SCOTUS Clerk Hiring News: An Errata Sheet
List of law clerks of the Supreme Court of the United States [Wikipedia]

Morning Docket: 01.09.07

* “Supreme Court Refuses Case Challenging Group’s Designation as Terrorists”. [New York Times via How Appealing]
* Similar transaction evidence key to Georgia prosecutors in antifreeze murder case. [CNN]
* Lawyers talk trash to the Supreme Court. [Jurist]
* COLA unfrozen for federal judges. [AP via Yahoo!]
* The “mystery smell” that hit New York yesterday has apparently been figured out. Insert New Jersey joke here. [New York Post]

television TV show shows Supreme Courtships.jpgIn our report earlier today about Supreme Courtships, a forthcoming television show about “the personal and professional lives of six Supreme Court clerks and their supervisors,” we looked back on two failed TV shows about the Supreme Court: “First Monday” and “The Court.”
We wrote:

Judicial groupies were thrilled to see two shows about the Court on national television (despite the many inaccuracies and ridiculous plot lines). But their joy was fleeting.

Now, this correction. Not everyone who follows the Supreme Court was so pleased by the attention from Hollywood.
From a January 2002 article by Tony Mauro:

Complete with James Garner as a chief justice who smokes (like the real one), Joe Mantegna as an Italian-American associate justice who attends Mass (like the real one), and a Court with two women and one black justice (like the real one), ["First Monday"], if it succeeds, will probably impart more information about the nation’s highest court to the general public than a decade’s worth of routine activity by the real Supreme Court.

And that is what worries people like Carter Phillips of Sidley Austin Brown & Wood, a veteran Supreme Court advocate who is among a small number of Washington lawyers who have seen rough cut tapes of the first two episodes.

“Unbelievably smarmy,” says Phillips, who is not usually given to outbursts of hyperbole. “Vomitous.”

Look, it could have been worse. At least Phillips didn’t use profanity, as he has done before (in open court). He could have called the “First Monday” producers “motherf*****s” and told them to “eat s***.” Instead, he temperately dismissed their show as “vomitous.”
Why was Phillips so upset? Per Mauro:

Phillips confesses that he is a stickler for accuracy, and as such could not abide the slew of details that come out wrong in the show.

For one, the first episode was based erroneously on the premise that it takes five justices to grant review in a case, not four.

Relax, Carter! Look at the glass as half-full. You should have been pleased that the word “certiorari” was even uttered on national television, on a channel other than C-SPAN.
Another issue with “First Monday”:

Garner’s chief justice, an inveterate Oklahoma football fan, precedes the first Court session with a football-huddle-style handshake among the nine robed justices and the rallying cry “Let’s go out there and make history!”

Yes, this sounds ridiculous. But is it really so impossible to imagine? If Harriet Miers, with her cheerleader-ish tendencies, had been confirmed to the Court, group hugs might have become de rigeur at One First Street.
Will New Supreme Court TV Show Make It Past Its ‘First Monday’? [Law.com]
C-SPAN’s Potty-Mouth Broadcast [Washington Wire]
Carter G. Phillips bio [Sidley Austin]
Earlier: “Supreme Courtships”: A Show About SCOTUS Clerks, Take Three

television TV show shows Supreme Courtships.jpgDo any of you remember The Court or First Monday? If not, we don’t blame you.
These shows were two very short-lived television dramas about the U.S. Supreme Court. They focused on the weighty issues presented to the Court, as well as the interpersonal relationships between the justices and the law clerks.
Judicial groupies were thrilled to see two shows about the Court on national television (despite the many inaccuracies and ridiculous plot lines). But their joy was fleeting.
“The Court” and “First Monday” crashed and burned, and both were canceled before finishing a single season. While they were popular with Supreme Court clerks that Term, who would get together for weekly viewings in each other’s apartments, a viewership of 36 isn’t enough to sustain a TV show.
Undeterred by the failure of these ventures, Hollywood is placing another bet on One First Street. From the Hollywood Reporter:

A headstrong female defense attorney, Supreme Court clerks and hospital nurses are at the center of three one-hour pilots that have been given the green light by Fox….

Supreme Courtships, from 20th Century Fox TV and Adelstein Prods., is a comedic drama about the personal and professional lives of six Supreme Court clerks and their supervisors.

Gary Tieche (ABC’s “MDs”) wrote the script and is executive producing with Marty Adelstein and Michael Thorn.

We hope that “Supreme Courtships” takes off; we really do. We adore Supreme Court clerks and everything about them. We worship the ground they walk upon, and we follow their triumphs as closely as Page Six follows Lindsay Lohan’s misadventures.
But we don’t think we are the typical television viewer. And we have serious doubts as to whether this show will connect with an audience.
A book project focused on the courts and on law clerks, a la the forthcoming Chambermaid by Saira Rao, is something that can succeed. Readers of books are more high-minded and culturally sophisticated than viewers of television; TV is called “the boob tube” for a reason. Also, it’s much easier to employ a niche marketing strategy when selling books.
But television is much more mass-market than book publishing. The demographics are different, and the appeal needs to be broad. And we fear that the fabulosity of Supreme Court law clerks will be lost upon the typical TV viewer. To the contrary, the typical TV viewer may be more like the party guest in this anecdote (a true story):

A law clerk to Justice Kennedy attends a party in New York. He starts chatting with another guest, and the inevitable “So what do you do?” question surfaces. The law clerk identifies himself as a clerk to Justice Kennedy.

Almost immediately, the other party guest tries to escape excuses himself, saying he needs to “refill his drink.” As he leaves, he tells the AMK clerk: “Good luck with your clerical work!”

Fox Gives a Go to Three Dramas [Variety via How Appealing]
Fox rules for trio of hour pilots [Hollywood Reporter via How Appealing]
The Court [IMDb]
First Monday [IMDb]

2007.jpgLast week was short, thanks to the New Year’s holiday; but it sure was busy. Here are some highlights from a very momentous week:
* No more jokes about Harriet Miers: the ill-fated ex-SCOTUS nominee has resigned as White House counsel. Speculation about her successor abounds.
* No more jokes about the Dewy Orifice: the ill-fated merger between Dewey Ballantine and Orrick, Herrington & Sutcliffe has been called off.
* Turns out that Chief Justice Rehnquist was a painkiller junkie. Once, while suffering withdrawal symptoms, he tried to bust out of a hospital in his PJs.
* Chief Judge David Levi, of the Eastern District of California, will be the new Dean of Duke Law School.
* All About Jan? Just as the aging Margo Channing’s reign over Broadway was threatened by the comely Eve Harrington, the aging Linda Greenhouse’s reign over One First Street is being threatened by the comely Jan Crawford Greenburg.
* Who knew? Law professors and legal bloggers sure know how to party! Photos of drunken legal academics available here and here.
* Cravath partner John Beerbower has enjoyed some amazing apartments over the years. Cravath partnership + Wealthy wife = $20 million, Park Avenue pad.
* Who’s your favorite First Circuit judge? Cast your vote here.
* If you’re a right-winger hoping that Justice Stevens will step down soon, don’t hold your breath.
* Today’s D.C. Circuit: Despite the occasional catfight, it’s not as bitchy as it used to be. Sigh.
* Oppressed law clerks, your Devil Wears Prada is on its way. Coming soon to a bookstore near you: Chambermaid, by former Third Circuit clerk Saira Rao.

All About Eve 2 Linda Greenhouse Jan Crawford Greenburg Jan Greenburg Jan Greenberg Jan Crawford Greenberg Above the Law.JPGOur favorite movie of all time is All About Eve (1950). It’s the story of a brilliant but aging stage diva, Margo Channing (Bette Davis), and an aspiring actress, Eve Harrington (Anne Baxter). Margo befriends Eve, taking the star-struck youngster under her wing. But then the exceedingly ambitious Eve starts to threaten her mentor’s reign as queen of the theater.
The small Supreme Court press corps can be compared to the clubby world of the theater. It’s populated by distinguished veterans, like Tony Mauro, and emerging younger talents, like Dahlia Lithwick. (Expressed in Broadway terms, Mauro and Lithwick could be compared to, respectively, Christopher Plummer and Sutton Foster.)
The stage has its great divas — e.g., Bernadette Peters, Chita Rivera — and so does the SCOTUS press corps. Nina Totenberg is certainly one of them. But the undoubted queen of Supreme Court correspondents is Linda Greenhouse, of the New York Times.
Greenhouse has been covering the Court for almost three decades, since 1978. She enjoys unmatched access to the justices, especially those in the middle and left wings of the Court. Supreme Court justices are notoriously media-shy. But Linda Greenhouse can magically reach them on their cell phones, at any hour, and get them to spill their deepest and darkest secrets. If you want to know whether there was blood in a justice’s stool this morning, ask Linda G.
So here’s our question:

If Linda Greenhouse is the Margo Channing of Supreme Court reporters, does that make Jan Crawford Greenburg into Eve Harrington?

Just like Eve Harrington, Jan Crawford Greenburg of ABC News is a talented and attractive young woman, whose star is on the rise. In the past three months, she has scored coveted in-person interviews with almost half of the Supreme Court:

(1) Chief Justice John Roberts, in Miami;

(2) Justices Antonin Scalia and Stephen Breyer, here in Washington; and

(3) earlier this week, Justice John Paul Stevens (his first network television interview ever).

For all of you non-journalist types, please understand: these are MAJOR COUPS.
And there’s more. As Howard Bashman notes, later this month, Greenburg has a “top-secret” new book on the Court coming out. That book, Supreme Conflict, is being touted as drawing upon “unprecedented access to the Supreme Court justices and their inner circles.”
(Note to Greenburg’s book publicist: We’d love to get a reviewer’s copy, if you wouldn’t mind sending one our way.)
Call it Greenhouse v. Greenburg. Linda Greenhouse’s historic domination of Supreme Court coverage is under siege, as Jan Crawford Greenburg makes some serious inroads at One First Street. And we’re not the only ones who have taken notice. Check out Howard Bashman’s great interview with La Greenburg, posted just this morning, in which he accurately describes the trajectory of her career as “meteoric.”
We will surely piss off some people with this question, but we’ll ask it anyway:

Could Greenburg’s status as a hottie be contributing in any way, however small, to her journalistic success?

In All About Eve, you will recall, Eve Harrington uses her beauty and charm to seduce theatre critics, writers, and directors.*
Some of you might object: “This whole ‘All About Jan’ theory is ridiculous. Linda Greenhouse has been covering the Court since Jan Crawford Greenburg was in footsie pajamas. Do you really think LG is about to be supplanted as Empress by some upstart kid?”
We respond by quoting this exchange from All About Eve, between Margo Channing and her lover, Bill Sampson:

BILL: Darling, [to succeed in the theater,] you’ve got to keep your teeth sharp. All right. But you will not sharpen them on me — or on Eve…

MARGO: What about her teeth? What about her fangs?

BILL: She hasn’t cut them yet, and you know it!

But Jan Crawford Greenburg HAS sharpened her pearly whites (which we’ve admired up close). And she’s ready to sink them into Linda Greenhouse.
* Rumor has it that back in the day, as a young and attractive reporter, Nina Totenberg was not averse to “workin’ it.” If you can confirm this rumor or shed more light on it, please drop us a line.
N.B. We are NOT suggesting that Nina Totenberg pulled The Full Judith Miller. We’ve simply heard that Totenberg, back when she was a youthful beauty, was highly skilled at deploying feminine charm in getting her sources to talk.
Update: This comment is one of the best compliments we have ever received in our entire life. Addison DeWitt is our idol. Thanks, Michael Doyle!
Interview of Jan Crawford Greenburg by Howard Bashman [How Appealing]
Jan Crawford Greenburg [NewsHour Extra: The Road Taken]
Linda Greenhouse bio [Wikipedia]
All About Eve [IMDb]
All About Eve screenplay [Screenplays for You]
Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court [Amazon]

drudge siren.gifFor those of you who enjoyed poking fun at Harriet Miers during her ill-fated Supreme Court nomination, you won’t have her to kick around anymore.
(Yes, we know. When it comes to mockery of Harriet Miers, we have somewhat unclean hands.)
We must step away from our computer now. As Howard Bashman might say, we are meeting a very cool and important law professor for lunch (but won’t name him or her). Hahaha.
We’ll resume our coverage of the Miers demise after we return.
Miers Resigns As White House Counsel [Associated Press]

William Rehnquist William H Rehnquist William Hubbs Rehnquist Chief Justice Above the Law.jpgWe’re reading Tony Mauro’s super-juicy article as fast as we can. Highlights and discussion will follow shortly.
Okay, we’re done. Here are some excerpts:

The late Chief Justice William Rehnquist’s Senate confirmation battles in 1971 and 1986 were more intense and political than previously known, according to a newly released FBI file that also offers dramatic new details about Rehnquist’s 1981 hospitalization and dependence on a painkiller….

In July 1986, when President Ronald Reagan nominated Rehnquist to be chief justice, the Justice Department asked the FBI to interview witnesses who were preparing to testify that Rehnquist had intimidated minority voters as a Republican Party official in Arizona in the early 1960s. According to a memo in the Rehnquist file, an unnamed FBI official cautioned that the department “should be sensitive to the possibility that Democrats could charge the Republicans of misusing the FBI and intimidating the Democrats’ witnesses.” But then-Assistant Attorney General John Bolton — who more recently served as ambassador to the United Nations — signed off on the request and said he would “accept responsibility should concerns be raised about the role of the FBI.” It is unclear whether the FBI ever interviewed the witnesses.

John Bolton? That guy is everywhere! Did he have the walrus moustache back then?
More discussion — including tales of Rehnquist’s “bizarre ideas and outrageous thoughts,” his paranoia that the CIA was out to get him, and his attempt to escape from a hospital while in pajamas — after the jump.

double red triangle arrows Continue reading “Breaking: Was Chief Justice Rehnquist Addicted to Painkillers?”

David Levi David F Levi Judge Dean Duke Above the Law.jpgBig news for both the federal bench and legal academia: Chief Judge David F. Levi, of the Eastern District of California, has been picked as the next dean of Duke Law School.
If approved by the trustees, Levi will replace Dean Katharine Bartlett on July 1. Here’s the official press release.*
Chief Judge David Levi is one of the most highly-regarded district judges in the entire federal judiciary — and this should come as no surprise, given his pedigree. The 55-year-old judge is a Harvard College and Stanford Law grad, former Ninth Circuit clerk, and member of the Elect (OT 1982/Powell).
Legal genius runs in the Levi family. David Levi is the son of the late Edward Levi, former Attorney General under President Ford (and recently in the news in the wake of President Ford’s passing; he recommended Justice Stevens for the SCOTUS). As the WSJ Law Blog points out, David Levi’s older brother is also a high-powered lawyer: John Levi, a partner at Sidley & Austin.
When we clerked on the Ninth Circuit, we worked on an appeal from a decision of then-Judge Levi (he became Chief Judge in 2003). It was a bizarre an interesting case involving a transsexual ex-prison inmate, one Torey Tuesday South, who filed a civil action against California prison officials. She alleged that the officials improperly cut off her sex hormones (which she had been taking since she was a teenage boy). The officials asserted qualified immunity.
The record on appeal was really weird highly unusual. It included quasi-soft-porn photographs of Torey Tuesday South in various unusual positions, designed to showcase certain parts of her anatomy. It also included materials that gave us a crash course in gender dysphoria.
We’ll spare you the details; if you’re curious, you can look up the decision on Westlaw. In the end, Chief Judge Levi’s decision to allow the case to move forward was affirmed. The factual findings and legal reasoning he provided in support of his ruling were impeccable.
In his new role as dean of Duke Law School, David Levi will surely grapple once again with issues of transsexuality. But the questions presented will be less thorny. For example: Can transexuals use both the male and female bathrooms in the law school (as they can in the New York subway)?
The Duke deanship is an exciting new opportunity for one of our nation’s most distinguished jurists. Congratulations, Your Honor!
Food for thought: Professor Orin Kerr wonders: Is Chief Judge Levi, regarded by both liberals and conservatives as a fair and thoughtful jurist, the kind of Supreme Court nominee who could win over Democratic senators?
David Levi is only 55 years old. He’s a moderate conservative with 16 years of judicial experience, as well as a civil procedure guru. Now he’s adding another feather to his cap: the deanship of a prestigious law school. If he steers clear of controversy as dean, he’s certainly a SCOTUS possibility.
* From the Duke alum who sent us the press release: “I can speak for many of my fellow Duke Law alums when I say good riddance to the former dean, Kate Bartlett.”
Update: Some Duke alumni dissent from this assessment of Dean Bartlett. For further discussion, see the comments.
Federal Judge David F. Levi selected as Dean of Duke Law School [Duke Law School]
Duke Law School Selects Judge David Levi as Dean [WSJ Law Blog]
Wonderful news for Duke Law School, but a sad loss of a very talented judge [How Appealing]
David F. Levi bio [FJC]
Ex-Inmate’s Suit Advances [Sacramento Bee]
Transsexual inmate mistreated, court says [Sacramento Bee]
More on 100-0 Nominees [Volokh Conspiracy]

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