SG Prelogar speaking at 3d Cir Judicial Conf suggests counsel should recognize that some turns of phrase should be left on the cutting room floor. Hypothetical, no doubt.
— David R. Fine (@finedr1965) May 11, 2023
–Solicitor General Elizabeth Prelogar taking the high road addressing Hot Mess-gate. Paul Weiss partner Kannon Shanmugam turned in a Supreme Court brief that described Prelogar’s arguments as a “hot mess,” managing to be disrespectful and embrace sexist tropes at the same time. These remarks provide a decent lesson in how to craft a devastating response without straying from professionalism.