– Justice Antonin Scalia, when asked to compare his judicial philosophy to that of Justice Clarence Thomas. The story comes to us from an anecdote told by Jeffrey Toobin a couple years ago that is now available on video.
(Do you want to see the video? Of course you do. It’s beyond the jump…)
Next week, the U.S. Supreme Court will hear oral arguments in the Conestoga and Hobby Lobby cases, the high-profile challenges to the Obamacare contraception mandate. Many ordinary citizens wish they could tune in to the arguments on TV, or at least catch clips on the Daily Show nightly news. After all, how else can Americans access this valuable information that could change their lives forever? I mean, without an Upworthy piece or a Buzzfeed listicle?
Of course, serious folks make serious arguments championing televised coverage of Supreme Court arguments. UC Irvine School of Law Dean Erwin Chemerinsky wrote an opinion piece this week, arguing that “[t]here is no excuse for keeping cameras out of the Supreme Court.” (Apparently, Chemerinsky wants cameras in and Justice Ginsburg out, for those keeping track of Chemerinsky’s wish list.) Earlier this month, the Coalition for Court Transparency, a group of press organizations and pro-transparency NGOs, sent a letter to Chief Justice Roberts, urging the Court to permit the video recording and broadcast of its courtroom.
So, what are opponents of cameras at One First Street so scared of? Do they worry that Chief Justice Roberts will start mugging for the camera? That Justice Scalia will insist on an added laugh track? That Justice Kagan will embark on a dangerous juice fast to slim down like a Hollywood starlet? (Actually, it looks like she already has.)
Those are not my concerns, but here is why I still think video coverage of U.S. Supreme Court arguments is a terrible idea….
It’s often noted that the United States is governed by the world’s oldest written constitution that is still in use. This is usually stated as praise, though most other products of the eighteenth century, like horse-borne travel and leech-based medical treatment, have been replaced by improved models.
– Jeffrey Toobin, writing in the New Yorker about whether the current dysfunction of the federal government might be due, at least in part, to the Constitution.
(Additional notable quotes from his interesting article, after the jump.)
The front of the Supreme Court building: ‘Equal Justice Under Law.’ (Click to enlarge.)
Justice O’Connor, Justice Stevens, Ted Olson, David Boies, Jeffrey Toobin.
All of them were at the Supreme Court today, eager to hear what the Court had to say. New gay-marriage crusading BFFs Olson and Boies sat together. Also in attendance were lots of other fancy folks — like Solicitor General Don Verrilli and Nina Totenberg — who are there more often.
There’s nothing like late June at One First Street.
At the start of the day, 11 cases remained to be decided, four of them blockbusters. The issues on deck: the Defense of Marriage Act, Prop 8, the Voting Rights Act, and the University of Texas’s use of a form of affirmative action. Today, one of the big cases was resolved; with five others coming out, there are only six remaining.
Today, the Supreme Court, in an opinion by Justice Kennedy, addressed the University of Texas’s use of affirmative action. As the Chief Justice announced that Justice Kennedy had the opinion and would start reading it, a rush swept through the courtroom. People leaned forward. Papers rustled….
Ed. note: This is the latest installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.
Peter J. Devlin, President and Chief Executive Officer of Fish & Richardson, assumed the firm’s top management position in 2000. Under his leadership, Fish has opened several new offices, expanded its burgeoning international practice, bolstered its reputation as a national firm at the pinnacle of the IP and business world, strengthened its financial performance, and positioned itself for further growth. Mr. Devlin’s law practice emphasizes client counseling in the areas of patent infringement and validity opinions, patent due diligence, product clearance, and licensing; and in U.S. and foreign patent prosecution, focusing on medical device technologies, electronics, and software. Before joining Fish, Mr. Devlin worked for Raytheon Company, first as an electrical engineer and then as a patent attorney.
Ed. note: This is the latest installment of The ATL Interrogatories. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.
Larren Nashelsky is the chair of Morrison & Foerster. Prior to becoming chair, Mr. Nashelsky focused his practice on U.S. and international restructurings, including Chapter 11 reorganizations, workouts, restructurings, secured financings and distressed acquisitions and investments. Larren is a graduate of Hofstra University School of Law.
How many push-ups can RBG do? Probably more than you can.
How do federal judges maintain taut abs and tight buns underneath their robes? They all have their own special methods.
For some, it’s about diet. Chief Judge Alex Kozinski, for example, has a four-word diet: “Few carbs, less sugar.”
Other judges believe in aerobic exercise. The ranks of runners include retired Justice David H. Souter, whose exercise regimen turned him into a judicial hottie (“Certiorari is GRANTED to that hot, lean body!”); Judge J. Harvie Wilkinson (4th Cir.), whose failure to cross train got critcized by President Bush during a Supreme Court interview; Judge Denny Chin (2d Cir.), a veteran marathoner; and Judge Diarmuid O’Scannlain (9th Cir.), my former boss.
But maybe running is for wimps? For the women of One First Street, weight training is the order of the day. Let’s meet the personal trainer helping two of the justices get HUGE….
* “Without the formation of character, the rest is futile.” An Article III judge’s take on the law school crisis. [Simple Justice]
* Because nobody likes sloppy seconds, the merger talks between Pillsbury Winthrop and Dickstein Shapiro are now off the table. [Thomson Reuters News & Insight]
* David Tresch, an ex-Biglaw CIO, was indicted last week on wire fraud charges. “Bitch better give me back my money,” said Mayer Brown. [ABA Journal]
* Does Jeffrey Toobin understand the Voting Rights Act? This law professor seems skeptical. [PrawfsBlog]
* Praise the Lord and pass the ammunition, because this Saturday is Gun Appreciation Day. Go celebrate your Second Amendment rights — but do it responsibly, please! [Volokh Conspiracy]
* Remember Ryan Chenevert, the young lawyer who took home the title of Cosmo’s Bachelor of the Year for 2012? Check out the very tongue-in-cheek interview this hottie did with 225 Magazine, after the jump….
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