Rosemary Pooler

Ted Olson and David Boies: adversaries, then allies, then adversaries again.

After covering the Dewey & LeBoeuf bankruptcy hearing on Wednesday morning, I walked a few blocks uptown to the Second Circuit for another exciting event: oral argument in the closely watched Argentina bondholder litigation. It was a Biglaw battle royal, pitting Ted Olson, the former solicitor general and current Gibson Dunn partner, against a tag team of top lawyers that included David Boies, Olson’s adversary in Bush v. Gore (and ally in Hollingsworth v. Perry).

Here’s my account of the proceedings, including photos….

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“Come on Judge Rakoff, it’s nap time over here!”

You don’t want to live in a town where the police and the mob work together.

In a completely unrelated note, today the Second Circuit heard arguments from the SEC — the federal agency statutorily charged to enforce the nation’s securities laws — and Citigroup — a company targeted for securities laws violations that it refuses to admit or deny committing — on the SAME SIDE.

This should be a red flag.

They wanted the Second Circuit to spank Judge Jed Rakoff for having the audacity to ask the SEC to kindly do its job. The nerve of some people.

Well, securities law may not be as sexy as drone strikes, but I watched the SEC try to pull off just as naked an executive power grab.

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Now there’s a cover boy for the conservative Tiger Beat.

Paul Clement must still be stinging from that Obamacare loss. The celebrated conservative lawyer and former Solicitor General seemed unbeatable after he managed to secure constitutional approval for the government to hold prisoners indefinitely while blasting Barry Manilow if the Vice President’s office says so.  People actually described him as the Michael Jordan of the law.

And then the Court upheld Obamacare. Even Jordan needed Pippen.

To reestablish his conservative street cred, Clement filed a petition with Justice Ginsburg to jump the line and put his case complaining about NLRB recess appointments, currently residing in a Connecticut district court, in front of the Supreme Court ahead of the high profile Noel Canning v. NLRB decision from the D.C. Circuit (discussed by Elie here).

Justice Ginsburg told Clement to pound sand.

What a diva!

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To be fair, this little brat could use some discipline.

Kids say the darndest things. More specifically, a lot of things children say don’t make any sense. That is why you smile and nod as your 5-year-old nephew rambles about the Lion King or Transformers or whatever toy is popular now.

Same goes for children’s drawings. That’s why teachers always say, “Great job Billy. That’s a really nice tree,” even though children are all terrible artists. Maddox might be the only person ever to be honest about children’s art.

But that’s okay. Because why in hell would a kindergartner be a great painter or a master orator? They have no idea what is happening in the world. And that’s why it was completely absurd when a 10-year-old was suspended from school for six days because he unsuccessfully tried to be funny and drew kind of a violent picture in class.

Yesterday, the Second Circuit upheld the dismissal of the lawsuit filed by the boy’s parents five years ago, but the dissenting judge’s opinion showed at least someone behind the bench still understands what it means to be a kid…

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