Paul D. Clement

The Big Week at SCOTUS: What Stands Out Most

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Looking back, the part of last week’s arguments at the U.S. Supreme Court that stands out most for me is the last hour (DOMA merits) — a fitting finale to two days of historic argument on same-sex marriage.

The way things unfolded, the last hour is why we all came. It is why people slept on the sidewalk for days. It is why Americans tuned in and logged on for updates. It is why the attorneys signed up to argue.

We were there to discuss the future of marriage in this country, how different people see it, and where state and federal governments fit in.

The Prop 8 argument went to those core issues the day before, but in fits and starts. A muddy hybrid of standing and merits.

The last hour of DOMA went there and stayed there. Merits were the only thing on the menu, and we ate it up….

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Morning Docket: 03.28.13

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* Based on the justices’ reactions during oral arguments in Windsor v. U.S., there was no defending the Defense of Marriage Act. Not even Paul Clement, the patron saint of conservative causes, could save the day. [New York Times]

* Alas, the David Boies and Ted Olson Dream Team stole much of the spotlight from Roberta Kaplan, the Paul Weiss partner who argued on behalf of Edith Windsor in an effort to overturn DOMA. Seriously, you go girl! [WSJ Law Blog (sub. req.)]

* Dude, you’re getting a Dell! Alston & Bird and Kirkland & Ellis are the latest firms to join the Biglaw sharks (including Ho-Love, Debevoise, Wachtell, SullCrom, and Simpson Thacher) circling this major tech buyout. [Am Law Daily]

* It looks like it’s time for JPMorgan to face the music for its investments in Lehman Brothers, because a federal judge just ruled that the bank cannot “dispatch plaintiff’s claims to the waste bin.” [Reuters]

* An alleged killer’s sense of mortality: James Holmes, the suspect in the Colorado movie theater shooting, offered to plead guilty and spend life in prison in order to avoid the death penalty. [CNN]

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Who Are the 100 Most Influential Lawyers in America?

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Today, the National Law Journal released its list of the 100 most influential lawyers in America. The NLJ releases a similar list once every few years, and each time, the nation’s top lawyers — some from Biglaw, some from legal academia, some from the in-house world, and some from the trial and appellate bars — celebrate their success in creating real change in the industry. That said, the people named to this list are relatively well-known to the general Above the Law readership, but they won’t exactly be household names to laypeople.

Which legal eagles soared into the NLJ’s list this time around? Well, the NLJ selected their influential lawyers based on their political clout, legal results, media penetration, business credibility, and thought leadership. We’ve whittled the impressive list of 100 down to our own top 10.

So who made our cut?

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Morning Docket: 01.23.13

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Sarah Jones: hot for teacher?

Ed. note: We apologize for getting such a late start today, but we were experiencing some technical difficulties. Thanks for being patient with us.

* Barack Obama made some bold statements about marriage equality in his inaugural address, but the jury is still out — literally — on whether he thinks laws banning same-sex couples from marrying are constitutional. [BuzzFeed]

* You can smoke pot for sh*ts and giggles in several states, but the D.C. Circuit is siding with the DEA on this one. Marijuana is still classified as a Schedule I drug in the eyes of the (federal) law. [National Law Journal]

* With claims of prejudicial evidence, Rajat Gupta is trying to get his insider trading conviction overturned. We’ll wait for more on this story from note passer field correspondent, Benula Bensam. [WSJ Law Blog (sub. req.)]

* Here are some tips on how you can refine the résumé that will accompany your law school application — but make sure you get the accents aigus right, or else. [Law Admissions Lowdown / U.S. News & World Report]

* “Why are all high school teachers freaks in the sacks?” Sarah Jones, the cheerleader-cum-sexy teacher, cried over phrases like that yesterday during testimony in her defamation case against The Dirty. [ESPN]

* George W. Huguely V, the UVA lacrosse bro who was convicted of killing his sometimes girlfriend, has got one hell of an appellate lawyer. Perhaps famous litigator Paul Clement is a friend of the family. [Bloomberg]

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Second Circuit Strikes Down Section 3 of the Defense of Marriage Act

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The U.S. Court of Appeals for the Second Circuit, in an opinion written by a prominent conservative jurist, Chief Judge Dennis Jacobs, just voted to strike down Section 3 of the Defense of Marriage Act (DOMA). The court issued its 2-1 decision just three weeks after hearing oral argument, which is extremely fast for a case of this complexity and importance….

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A Preview of the Upcoming Supreme Court Term (OT 2012)

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Right now is a great time to be a Supreme Court aficionado. There’s a big new book out about the Court, Jeffrey Toobin’s The Oath (affiliate link). And the new SCOTUS Term starts in just a few days, on Monday, October 1.

Given the time of the year, it’s not surprising that SCOTUS preview events are as common as Ninth Circuit reversals pro se cert petitions. I attended one sponsored by the Federalist Society earlier this month, where Kannon Shanmugam of Williams & Connolly offered excellent insights into October Term 2012. Our Supreme Court correspondent here at Above the Law, Matt Kaiser, went to a preview talk sponsored by the American Constitution Society (which he turned into Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term).

That sounds like more than enough SCOTUS previews. But I couldn’t help myself from attending one more, due to the starpower of the panelists: Paul Clement, the former solicitor general who’s now a partner at Bancroft, and Tom Goldstein, the noted Supreme Court advocate and founder of the invaluable SCOTUSblog.

What did Messrs. Clement and Goldstein have to say about OT 2012?

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Even Paul Clement Can’t Successfully Defend the Defense of Marriage Act

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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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ATL Interview: Carter Phillips Talks About the Obamacare Arguments

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Carter Phillips

After the Supreme Court heard oral arguments over the constitutionality of Obama’s healthcare overhaul last week, we discussed the case with veteran Supreme Court litigator Carter Phillips. Phillips, the managing partner of Sidley Austin‘s Washington, D.C. office, is a renowned Supreme Court litigator. He has argued 75 cases in front of the high court, more than any other attorney in private practice.

Check out our conversation below. He had a lot of insightful comments about the performances of Paul Clement and Donald Verrilli, the mind of Justice Anthony Kennedy, and even a few jokes…

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Non-Sequiturs: 12.22.11

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Justice Kavanaugh has a nice ring to it.

* Searching for the perfect holiday present? Via Professor Glenn Reynolds: “As A Christmas Gift, Tell Your Friends and Relatives They’re Fat.” [Instapundit]

* If a Republican wins the White House in 2012, who might get nominated to the U.S. Supreme Court? Mike Sacks offers up a star-studded SCOTUS short list: the brilliant and genial Brett Kavanaugh, the fabulous Diane Sykes, certified superhottie Jeffrey Sutton, emerging feeder judge Neil Gorsuch, and star litigator Paul Clement. [Huffington Post]

* Another proposal on law school transparency. What is this “gainful employment” of which you speak? [Law School Transparency]

* If you can’t find gainful employment, well, maybe you can score a $500 reward from a concerned parent. [The Legal Satyricon]

* Speaking of Marc Randazza, here’s an interview in which he discusses “putting the nail in copyright holding company Righthaven’s coffin.” [WebmasterRadio.FM]

* A riddle from Eric Turkewitz: How is Indiana just like the old Soviet Union? [New York Personal Injury Law Blog]

* An interesting profile (by Peter Lattman) of Albert Foer — father of the three famous Foer brothers, and a celebrated and successful antitrust law crusader. [DealBook / New York Times]

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Supreme Court To Decide Constitutionality of Obamacare

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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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