Bancroft PLLC

Paul Clement

You would think that someone like Paul would be arrogant, full of himself, a hotshot, but he is none of those things. The truth is, it was the easiest thing in the world to work with him.

Mark Rienzi of the Becket Fund for Religious Liberty, commenting about former U.S. Solicitor General and current Bancroft partner Paul Clement, on the occasion of Clement’s 75th oral argument before the U.S. Supreme Court.

Amanda Bynes

* “[T]he ‘superstar’ model of Supreme Court advocacy marketing is prevailing”: recent Supreme Court litigation has been dominated by Biglaw and boutiques, and five of them handled about half of last term’s cases. [WSJ Law Blog]

* It’s not a “done deal” yet, but Albany Law School is in serious talks with the University at Albany to form an affiliation by the end of the year. There’s been no word on whether Albany Law would remain a stand-alone school under the yet-to-be inked arrangement. [Albany Business Review]

* The dismissal of lawsuits concerning allegedly deceptive employment statistics at several Chicago-area law schools was affirmed by an Illinois appeals court. ::insert sad trombone here:: [National Law Journal]

* If you’re still thinking about applying to law school for some reason, you might find these tips on what not to write in a personal statement to be useful. [Law Admissions Lowdown / U.S. News & World Report]

* Amanda Bynes, one of our favorite fading starlets who was already on probation, was arrested this weekend on a DUI charge after stopping her car in the middle of an intersection. [Los Angeles Times]

If you want to be a partner at one particular firm, it’d behoove you to know this guy…

* Breaking News: “An Indian diplomat has been indicted on federal charges of visa fraud. Prosecutors say Devyani Khobragade has left the U.S.” [CNN]

* The Bancroft firm just added three new partners. It’s apparently “not a prerequisite” to clerk for Chief Justice Roberts to be a partner at the firm, but it sure looks like it is. [The Blog of the Legal Times]

* Pressure is mounting on courts to recognize that Americans have a reasonable expectation of privacy. Do these people not watch Person of Interest? [Ramblings on Appeal]

* In a continuing series on why the “nuclear option” isn’t the panacea liberals thought it was, here are four reasons why Noel Canning is still a huge deal even if the Senate Democrats can force through judicial nominations over filibusters. [Constitutional Accountability Center]

* A fun interview with a lawyer turned professional athletics commissioner. Specifically, the commissioner of Sterling Archer’s favorite sport, lacrosse. [The Legal Blitz]

* Vermont is looking to pass a bill affirming abortion as a right, majorly bucking the trend of the rest of the country over the last year. Sounds about right for the state with a socialist senator. [Jezebel]

* The NFL’s concussion settlement sounded kind of fishy already, but now it looks like the initial prediction is going to be way off. [PR Log]

* Turns out a former SAC Capital Advisors trader embroiled in an insider trading case was expelled from Harvard Law School in 1999 for creating a false transcript. It’s good to know Wall Street is right there for all those cast off by law schools for ethical lapses. [Dealbook / New York Times]

* More coverage of the Insane Clown Posse suit, and more insight from our own Juggalo Law. [Washington Post]

* Chris Brown rejected a plea deal on an assault charge. Any time I think of Chris Brown I think of this Key & Peele bit. And if you don’t know who Key & Peele are, then you’re missing out… [Billboard]

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Oral argument before the Supreme Court is ripe with dramatic possibilities. If you doubt this, check out Arguendo, the new work by Elevator Repair Service that just received a rave review from the New York Times. I saw “Arguendo” last weekend, before I participated in an on-stage conversation with director John Collins, and I was impressed by how well the play captures the drama, comedy, and even athleticism of appellate argument. (Buy tickets here — but act quickly, since they’re going fast.)

If oral argument is a form of theater, then the U.S. Supreme Court is Broadway — the biggest and best venue in all the land. And we’ve just learned about a brilliant understudy who will be making her debut at One First Street next month.

Expectations are running high for this talented protégé of a celebrated SCOTUS litigator. Who is playing Eve Harrington to Paul Clement’s Margo Channing?

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Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.” At these lawyerly pageants, attorneys competing to take the case make their pitch and try to persuade the client that their firm is the best suitor.

In my new book, Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), I go backstage and look at two of the most high-profile beauty contests in Supreme Court history: who would represent (1) the National Federation of Independent Business (NFIB) and (2) twenty-six states in their respective challenges to the constitutionality of Obamacare.

How did these litigants go about choosing their counsel? Which lawyers and law firms got passed over?

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[W]e note that the document appears to be in 12 point font, not 13 point font. I’m pretty sure this specific topic was a point of discussion among all counsel prior to filing our respective briefs, and each party appeared to recognize the continuing 13-point font requirement.

Thus, we were surprised to receive the State’s 12-point font brief. The apparent failure to comply with the Court’s order had the effect of substantially increasing the State’s page limitations and, under the circumstances, prejudices the United States.

Bradley Heard, a lawyer with the Department of Justice, in a weekend email sent to a group of attorneys from Bancroft. The firm represents South Carolina in an ongoing dispute with the DOJ over the state’s voter ID law.

(Was there a resolution in this case of prejudice by font?)

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* The Ninth Circuit denies en banc rehearing in the Prop 8 case. Can we please hurry up and get this thing in front of the Supreme Court already? [Ninth Circuit via Metro Weekly]

* Even more law schools are shrinking their class sizes. Do we have a trend on our hands yet? [Crain's Cleveland Business]

* AOL’s attorneys at DLA Piper sent a nastygram to a Maryland blogger, alleging intellectual property infringement, based on the blog’s aggregation. Because you know, AOL/the Huffington Post has never aggregated anything. [Maryland Juice]

Laura Flippin

* Speaking of DLA Piper lawyers, just before she was found guilty of public intoxication, partner Laura Flippin was also accused of lying under oath by the judge in the case. In short, things did not go as well they could have. [The Flat Hat]

* Remember the law school martyr Phillip J. Closius? He may no longer be Dean of University of Baltimore Law, but he has not finished his crusade to improve the financial security of students. Keep fightin’ the good fight, Phil. [Baltimore Sun]

* Congratulations to the 15 firms that made the NLJ’s 2012 Appellate Hot List. Most are Biglaw shops, but three elite boutiques made the cut: Bancroft, Horvitz & Levy, and Kellogg Huber. [National Law Journal]

* Ever wondered what life in prison is like? Check out this podcast, in which Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, is interviewed by Professor Zachary Shemtob (disclosure: Shemtob is Lat’s co-author and special friend). [Cruel and Unusual: A Podcast on Punishment]

During the United States Supreme Court arguments over Obamacare, the nation got a rare treat: the chance to see (or at least hear) Paul Clement in action. Clement, a former U.S. Solicitor General and current partner at Bancroft PLLC, delivered a brilliant performance before the justices, a veritable master class in appellate advocacy. As Carter Phillips, a veteran SCOTUS litigator himself, told us here at Above the Law, Clement “did a spectacularly good job” and “was just on his game… over a much longer period of time than most of us are required to do it.”

But even Clement couldn’t save Section 3 of the highly problematic Defense of Marriage Act (DOMA) from going down to defeat in the First Circuit. Before a panel with a majority of Republican-appointed judges, in fact.

Let’s find out who was on the panel, whether there were any dissents, and what the court concluded….

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It is hard to beat Nirvana’s “Complete Sub Pop Singles.” And I’m a big fan of the Kooks. It’s very catchy and a little less loud than Nirvana and a little more family-friendly.

Paul Clement, the former Solicitor General and current Bancroft partner who argued Obamacare in the Supreme Court, discussing his musical tastes with the New York Times.

(Additional fun facts, plus a link to the full interview, after the jump.)

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The president looks good in a doctor's coat, no?

In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)

In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….

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