Senate Judiciary

Yesterday, the Senate Judiciary Committee approved the nomination of Akin Gump’s Patricia Millett to the D.C. Circuit. Her nomination now moves on to the full Senate.

The committee voted 10-8 to approve Millett’s nomination. Take a guess what all the voters had in common? Yes, the 10 Democrats voted “Aye” and the 8 Republicans voted “Nay.” Yet even while voting her down, the Republicans went out of their way to note that Millett was qualified for the post, but opposed her on the bogus argument Senator Grassley has been pushing that the D.C. Circuit is “underworked.”

During the hearings, Senator Grassley cited two anonymous letters, presumably from D.C. Circuit judges, to support his stance. Sounding very “Secret Plan to End the Vietnam War,” the anonymous poll felt very unscientific and shady.

Now we’ve got a hold of the secret survey Grassley sent judges. It’s as entertaining as his Tweets

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D&L's former partner settlement.

* Our thoughts and prayers go out to the people of Aurora, Colorado. [CNN]

* Dewey know why the deadline for agreeing to a proposed $103.6M settlement for former D&L partners has been pushed back? It looks like these people are still unhappy with the very thought of parting with their money. [Am Law Daily]

* Four judicial nominees were approved by the Senate Judiciary Committee to fill federal district court positions in California, New York, and Pennsylvania. Now it’s time to hurry up and wait for a final vote on the Senate floor. [National Law Journal]

* “This is a garden variety sex harassment case.” That may be true, but when you’re dealing with a high-profile venture capital firm, and the plaintiff is an ex-Biglaw associate, you’re probably going to get some really bad press. [Washington Post]

* Opening statements in Sheriff Joe Arpaio’s racial discrimination trial were heard yesterday. Even “America’s Toughest Sheriff” might cower in light of plaintiff representation by Covington & Burling and the ACLU. [CNN]

* Washburn University School of Law is planning to build a new facility for $40M. Unfortunately, the school will never be able to amass the funds needed to kill all the gunners, but we can still dream. [Kansas City Star]

I’m hoping the living Constitution will die.

– Justice Antonin Scalia, in remarks made yesterday before the Senate Judiciary Committee. Justice Scalia and Justice Stephen G. Breyer were invited by the Committee to discuss their views on constitutional interpretation and the proper role of judges in our democracy.


There was a threat of a filibuster, but it was averted. Last night, the Senate confirmed Donald Verrilli Jr. to serve as U.S. solicitor general, by a vote of 72-16.

As one might expect of an SG, Verrilli has an incredible résumé. He graduated from Yale College and Columbia Law, where he served as editor-in-chief of the Columbia Law Review, then clerked for two legendary judges, Judge J. Skelly Wright (D.C. Cir.) and Justice William Brennan.

And that was just the start of a long and phenomenally successful legal career. Let’s go drool over Don Verrilli’s credentials — and check out his net worth, which is quite robust….

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Katherine Forrest: You'd smile too if you were this rich.

I recently wrote about Katherine B. Forrest, the celebrated litigatrix nominated to a federal judgeship on the breathtakingly prestigious Southern District of New York. Forrest currently serves as a deputy assistant attorney general in the Department of Justice’s antitrust division, but before joining the DOJ she was a longtime partner at Cravath, Swaine & Moore — a premier, if not the premier, American law firm. Forrest was one of CSM’s most popular (and most powerful) young partners.

Katherine Forrest has a reputation as an incredible attorney, and she has the awards to prove it (see question 8). Not surprisingly, the ABA deemed her “unanimously well-qualified” as an S.D.N.Y. nominee.

So here’s what I wondered: Why did the amazingly accomplished Forrest, a partner at super-lucrative Cravath for over a dozen years, declare a mere $4.3 million on her net worth statement? Granted, $4.3 million is nothing to scoff at; KBF is rich (even by Elie’s standards). But it seemed to me that a lawyer of her distinction, who was a partner at a top firm for such a long time, should be even richer.

Thanks to information from helpful readers who saw my earlier post, I now know the truth. As it turns out, Katherine Forrest is considerably wealthier than that $4.3 million number suggests.

Way richer, in fact. Let’s find out….

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Katherine Forrest: Why isn't her net worth higher?

As I’ve previously mentioned, one of my favorite parts of the judicial nomination process is the attendant financial voyeurism. Judicial nominees are required to make detailed disclosures about their finances, allowing us to learn about their income and net worth. For example, thanks to her nomination to the Supreme Court last year, we got to learn about Elena Kagan’s net worth.

Last week, the Senate Judiciary Committee released financial disclosure reports for several of President Obama’s recent judicial nominees — including antitrust litigatrix Katherine B. Forrest. Forrest has been nominated to the mind-blowingly prestigious Southern District of New York, perhaps the nation’s finest federal trial court. As a highly regarded lawyer who has won numerous awards and accolades (listed in her SJC questionnaire), Forrest will fit right in if confirmed to the S.D.N.Y. — a superstar among superstars.

The fabulous Forrest currently serves as a deputy assistant attorney general in the Department of Justice’s antitrust division. She joined the DOJ last October — a commendable public-service commitment that required her to relinquish her partnership in one of America’s mightiest and most prestigious law firms, Cravath, Swaine & Moore. When she left to pursue government service, Forrest had been a Cravath partner for over 12 years (since 1998), and had been with the firm for about 20 years in all (since 1990).

At the time of her departure for the Justice Department, Katherine Forrest had been taking home hefty paychecks for decades. First she was an associate at Cravath, which pays its people quite well, in case you hadn’t heard. Then she was a partner at the firm (reportedly one of the most well-liked and most powerful younger partners) — from 1998 to 2010, a period in which average profits per partner at CSM routinely topped $2 million and occasionally exceeded $3 million. And remember that Cravath is a lockstep partnership with a reported 3:1 spread, meaning that the highest-paid partners make no more than three times as much as the lowest-paid partners. So it’s not possible that she was earning, say, $400,000, while other partners were earning millions (which can be the case at firms with higher spreads).

In light of the foregoing, what is Katherine Forrest’s net worth, according to her Senate Judiciary Committee financial disclosures? Not as much as you might expect….

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The Senate Judiciary Committee has voted to recommend Obama’s latest nominee to the Supreme Court, Elena Kagan, to the full Senate, by a vote of 13 – 6. So the former Harvard Law School Dean and current Solicitor General is one step closer to becoming the fourth woman ever to serve on the Supreme Court.

Kagan received exactly one of the seven possible votes from Senate Judiciary Republicans. South Carolina Senator Lindsay Graham was the only Republican to break ranks. But the Democrats held together, and it’s always impressive when Senate Democrats manage to not royally screw something up.

Kagan’s confirmation should be voted on by the full Senate sometime next week.

UPDATE: In case you’re wondering, this is the exact same vote that Sonia Sotomayor got when her nomination came out of the Judiciary Committee.

Judiciary panel OKs Elena Kagan for Supreme Court [Washington Post]