Judge Brett Kavanaugh

When it comes to the Law Clerk Hiring Plan, the voluntary set of guidelines to put federal law clerk hiring on a standard timetable, one might say, “The ship be sinking.”

Actually, scratch that. The ship be sunk, and barnacles are growing all over its hull.

We declared the Plan dead last June, when at least two top schools decided not to participate in it. But now the Plan is, well, dead and growing cold and decomposing.

Yesterday brought word that an über-prestigious court, one that gunners across the land would sacrifice body parts to clerk for (who needs a pinky finger anyway), is abandoning the Plan….

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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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