Samuel A. Alito Jr.

Everyone smile and say “certiorari”!

One of our favorite legal blogs is Noncuratlex.com, authored by Professor Kyle Graham of Santa Clara Law. The site is extremely funny and insightful, especially if you’re a legal nerd (we plead guilty), and we link to it regularly.

Professor Graham shares a number of our interests, such as legally themed vanity license plates. And, of course, the U.S. Supreme Court.

Which SCOTUS justice would you be? Find out by taking the Noncuratlex.com personality quiz….

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The scene outside One First Street after the argument.

Dearly beloved, we were gathered together at SCOTUS today to argue about these fourteen words: “Only marriage between a man and a woman is valid or recognized in California.”

But we talked a lot about standing. And we did a lot of standing.

What time did I get to the Court?

double red triangle arrows Continue reading “The Proposition 8 Supreme Court Arguments: Standing and Standing”

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….

double red triangle arrows Continue reading “Meet the Personal Trainer to Two Supreme Court Justices”


There is a 64 percent probability that at least one Supreme Court justice will die in the next four years….

– The ABA Journal, offering a rather grim assessment of the health and wellness of the justices of the nation’s highest court, based on Slate’s Supreme Court Justice Death Calculator. (You may want to start taking bets.)

Having spam emails sent out under your name can happen to anyone. As we’ve previously reported, it has happened to a leading law firm. And to a prominent professor, at a top law school. This led us to wonder: Is “phishing” running rampant throughout the legal community?

Quite possibly. Even being married to justice of the United States Supreme Court will not protect you from the spammers.

It seems that a Supreme spouse may have fallen victim to unsavory characters from the online world….

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I’m always amazed by the ability of the American public to contradict themselves. People hate Congress, but consistently reelect their Congressmen. People want more government services, but don’t support tax increases. The say they hate negative ads, but allow them to be incredibly effective.

Today is Constitution Day, and the Associated Press has a new poll that’s giving Americans a chance to express their contradictory views about our beloved organizing document.

One “headline” from the poll: nearly 70% of Americans believe the Constitution is an “enduring” document that doesn’t need to be “modernized.” Although that number is going down.

So it’s perfect the way it is, except for the parts that people don’t like….

double red triangle arrows Continue reading “On Constitution Day, Americans Like The Constitution Just The Way It Is, So Long As It Says What They Like”

Justice Samuel A. Alito Jr.

I thought this was a wonderful idea. Why don’t we implement this in the United States? Until I found out that at the end of the process they actually unlock the door and they let them out.

– Supreme Court Justice Samuel Alito, riffing on the Supreme Court of Canada’s practice of briefing reporters on new rulings inside of a locked room, in remarks he delivered at Roger Williams University School of Law.

The Supreme Court session starts at 10:00 a.m. At 9:55, a tall man with broad shoulders and little neck — a man with an ear piece running out of the back of his suit coat — tells everyone in the Courtroom to be quiet and stay in their seats until the session is over. The room quiets.

This is the calm before the storm. No one expects any of this term’s true blockbusters to be announced today – there will be no health care decision, no ruling on the constitutionality of the Stolen Valor Act, no ruling on whether Arizona gets to codify its very strong dislike of immigrants.

During this time, those who watch the Court are scanning for signs of either discord or harmony. Even a concert at the Court invites scrutiny of which Justice is chummier with which other Justice. The Supreme Court watching world is like a group of eight-year-olds in the week before Christmas, sniffing the presents under the tree and trying to hunt through their parents’ closets. It’s dignified.

The Courtroom is silent after the broad man quiets us. And then, growing louder, we hear voices. Male voices. And laughter, booming male laughter, as the Chief and Justice Scalia emerge through the parted curtains, and Court is called to order.

What does the laughter mean? Is Obamacare all but destroyed? Is a secret deal finally sealed? Or did the Chief Justice share a bit of ribald humor from his native Indiana?

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What business does a case like that have in the courts of the United States?

– Justice Samuel Alito, during today’s oral arguments in Kiobel v. Royal Dutch Petroleum. The case will determine whether the 223-year-old Alien Tort Statute allows corporations to be sued in U.S. courts for violations of international law. You can view the entire argument transcript on the SCOTUS website.

C'mon, Your Honors, look lively!

Tonight, as everyone knows, President Barack Obama will deliver his State of the Union address. The speech starts at 9 p.m. (Eastern time). For real-time reactions over Twitter, follow @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky. For a post-speech wrap-up, check Above the Law, either late tonight or tomorrow morning.

For Supreme Court nerds, here’s the perennial question: How many members of SCOTUS will show up at the SOTU? Feel free to make your guesses, in the comments.

Here’s some historical perspective to inform your speculation….

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