Underneath Their Robes

Judicial SIGHT-ations: Coming Attractions

Article III Groupie thanks her readers for the tips she has received about incoming AMK clerk David C.; she now has enough to post about him. But she still needs more info about the elusive Zachary P. (She did locate his wedding announcement, but not much else so far.)

Now it's time for another quick detour from One First Street. For all you Article III groupies in New York and California, here are some upcoming judicial sight-ations to add to your calendars for May 2005:

1. On May 3, 2005, at the Annual Law Day Dinner of the Federal Bar Council in New York, the Learned Hand Award will be presented to the super-brilliant Judge Richard A. Posner (with whom A3G has corresponded extensively in the past -- see, e.g., here, here, here, and here). Expect oodles of federal judges to attend, including the recently confirmed Judge Peter W. Hall (2d Cir.), who will be reading the Law Day Proclamation of the President of the United States.

2. On May 5, 2005, at 5:00 p.m., Judge Paul V. Niemeyer (4th Cir.) will be delivering this year's Nicholas J. Healy Lecture. The title of his speech is "Applying Jus Gentium to the Salvage of the RMS Titanic in International Waters."

The talk is being held at the Tishman Auditorium at NYU Law School -- yes, that NYU Law School, site of the recent unpleasantness. A3G's advice to Judge Niemeyer, a conservative judge who is friends with Justice Scalia: Leave Mrs. Niemeyer at home! At the very least, to ensure no overly probing questions, have your marshals escort Eric Berndt from the room...*

3. Finally, superstar IP lawyer William F. Patry -- who now has a blog (check it out!) -- wrote A3G with this tip:

Stanley Pierre-Louis of the Recording Industry Association of America and I will be debating The Easy Rider on the Grokster case in beautiful Palm Springs on Friday, May 20th. Cocktails and night swimming afterwards.

Night-swimming with Judge Kozinski? If only A3G could be there, to model her new sarong! (For those interested in attending, registration is required; details are available here (pdf).)

* Actually, on second thought, Mr. Berndt and his fellow liberal activists are unlikely to attend. The lecture is about the oh-so-sexy topic of maritime law. And with all due respect to Boat Trip, there isn't much overlap between maritime law and gay rights...

And now, a brief aside about Judge Niemeyer. This well-respected jurist, who was the subject of this prior judicial sight-ation, is supposed to be an excellent boss; a UTR correspondent who clerked for Judge Niemeyer raved about the clerkship as "a great experience." (Based on this photo, though, Judge Niemeyer could use a more stylish set of glasses!)

Amended Opinions: Additional Tidbits About The Elect

Article III Groupie's report on Justice Kennedy's law clerks for October Term 2005 probably won't appear until sometime next week, due in large part to a dearth of fun facts about David C. and Zachary P. If you can help out A3G, please email her!

In the meantime, A3G -- an inveterate tinkerer -- has been editing her prior posts about The Elect, OT 2005. For the sake of posterity, she wants her posts to be as comprehensive as possible. After all, many people who Google these legal celebrities in the years ahead will be directed to UTR. So she has been adding in previously missing information for certain clerks, such as law school graduation years, middle initials, and yes, even some additional tidbits.

So if you're looking for a way to procrastinate today, go back and reread the entries for your favorite Supreme Court clerks for the upcoming Term. Perhaps you'll learn something new and interesting about them. For example, did you know that incoming JPS clerk Sarah E. McCallum, a Rhodes Scholar, is a talented actress and downhill ski racer? Or that Sasha Volokh, future SOC clerk, used to recite poetry on street corners?

Have fun!

Justice Scalia's OT 2005 Clerks

Many of you have written Article III Groupie asking her to hurry up and post about the remaining Supreme Court clerks for October Term 2005. A3G deeply appreciates your enthusiastic response to this latest UTR feature, and she understands that the suspense is killing you. But please, cut her some slack. She's working as hard as she can!

Having profiled the incoming clerk classes for Chief Justice Rehnquist, Justice Stevens, and Justice O'Connor, A3G has now arrived at the chambers of Justice Antonin Scalia. Over the past year or so, thanks to his duck-hunting misadventures and his multi-city speaking tour (including his ill-fated NYU visit), Justice Scalia has been all over the news. Perhaps you're getting tired of "Bad Boy" Nino, just like you eventually tired of, say, Paris Hilton?

Well, tough luck! It's not his fault -- he's the Rock Star of One First Street! And here are the four right-wing headbangers that he has selected for his kick-ass band, "The Originalists." Let's give it up for AS's clerks for the October Term 2005!

1. John C. Demers (Harvard '99/O'Scannlain)

Tidbits:

(a) despite being "absolutely brilliant," with "amazing grades" from Harvard Law -- from which he graduated magna cum laude, natch -- John has "an utterly debilitating weakness for bad teenage comedies and portraits of anthropomorphic dogs";
(b) he makes "a mean tiramisu" and speaks fluent Italian (sure to come in handy for sotto voce sidebars with Nino);
(c) although not a surfer, he has been known to use the formulation "awse," as a shorthand for "awesome";
(d) he is a solid Catholic, like his future boss;
(e) he and his wife Cindy, a teacher, are "two of the coolest and most fun people you'll ever meet"; and
(f) he will soon be graduating from the Finishing School for the Elect (and before his OLC stint, he was at Boston's white-shoe Ropes & Gray).

2. Scott P. Martin (Columbia '04/Kozinski)

Tidbits:

(a) Scott earned the best grades at Columbia Law School since Judge Gerard E. Lynch (S.D.N.Y.), who was, incidentally, his 1L criminal law professor;*
(b) at Furman University, his undergraduate alma mater, he was president of the senior class, the Beta Theta Pi fraternity, and the Inter-Fraternity Council (see here);
(c) he "dresses very young-Republican," "looks a bit like Paul Clement," and has been known to buy shirts at Thomas Pink (the answer to A3G's previous inquiry about where Scott Martin likes to shop);
(d) with respect to American Idol, he is a Carrie Underwood partisan; and
(e) he is a "tattooless South Carolinian" -- and a pretty cute one, too!

3. D. John Sauer (Harvard '04/Luttigator)

Tidbits:

(a) after graduating from Duke with a double major in electrical engineering and philosophy (!), John headed off to Oxford, in merry olde England, as a Rhodes Scholar (the undergraduate analogue to the Elect);
(b) at Oxford, he earned a second bachelor's degree in theology;
(c) "[h]e then began to pursue a Ph.D. in philosophy at the University of Notre Dame, but he decided that academic philosophy was not for him and left after earning a master's degree" (see here);
(d) he's a native of St. Louis, Missouri, to which he may return after his stint at One First Street; and
(e) he's "hunky" (see pic) and "uber-Catholic" (like his future boss).

4. Evan A. Young (Yale '04/Wilkinson)

Tidbits:

(a) after graduating from Duke with a degree in history, Evan headed off to Oxford, in merry olde England, as a Marshall Scholar;
(b) at Oxford, he studied British constitutional history;
(c) while at Yale Law School, where he was involved in the YLS Christian Fellowship group, "he was a big fan of tea at the Elizabethan Club and Welsh rarebit at Mory's";
(d) despite this apparent anglophilia, Mr. Young, who hails from San Antonio, is "an ardent Texan"; and
(e) while still in high school, he wrote Lone Star Justice, a biography of Justice Tom C. Clark -- the only Texan ever to serve on the U.S. Supreme Court.

Concerning item (e), a UTR correspondent offers this half-catty, half-flattering commentary:

[Evan Young] published a young-adult book called "Lone Star Justice: A Biography of Tom C. Clark" when he was still in high school. It's a Sweet Valley High for the law jock set. Who cares if it's currently ranked #1,765,409 in Amazon sales? It got a rave review from a fellow Texan (Evan's cousin?). Evan is well on his way to becoming the second "Lone Star Justice." That sound you hear is jealous conservatives eating their hearts out!

Another UTR reader chimes in with this additional anecdote about Evan:

In a large federal jurisdiction class in spring 2003, Evan gave an impassioned monologue about a subject I can no longer remember -- the principles of federalism? the importance of Article III courts? -- that involved some elaborate analogy to flora and fauna. It was a piece of great Southern oratory. In the end, the substance was less memorable than the result: widespread applause, laughter, and hooting, as the instructor, Professor Paul Gewirtz, realized that the eloquent Young had just wrestled control of the class from him!

Evan's ability to hijack a class from a Yale Law School professor -- and not just any prof, but Paul Gewirtz, a member of the Elect and the husband of Zoe Baird (of Nannygate fame) -- may be less surprising than it might at first seem. Consider this comment from a UTR correspondent: "Evan has the kind of voice that I imagined God to have when I was a kid -- deep and authoritative, with a hint of gentleness and good nature."

********************

So there you have it : the four new members of "The Originalists," OT 2005! Backing up lead vocalist Nino Scalia, we have John Demers on bass, Scott Martin on drums, John Sauer on guitar, and Evan Young on keyboard. FANTABULOUS!!!

At least on the surface, this crew appears to be fairly harmonious (and homogeneous?). In contrast to SOC's clerks for next Term, the AS clerks seem to have a lot in common. All four are conservative white males; three hail from the South; two attended Duke for college, before studying at Oxford on prestigious British fellowships; and two are Catholic guys named "John."**

A3G predicts that they will have a very good year. Her special message to "The Originalists": Rock on, boys! And when you find yourselves reading cert petitions at midnight, in desperate need of some late-night lovin', just send A3G a backstage pass. After all, they don't call her "Article III Groupie" for nothin'!

* And Judge Lynch -- a.k.a. "Big G." Lynch, of Lil' Kim fame -- is rumored to have had the best grades at Columbia since Justice Ruth Bader Ginsburg.

At Harvard Law School, where a graduating class with a summa cum laude graduate is rare, history-making grade point averages are easy to track. Julian W. Poon '99 (Luttigator/AS) was the last summa graduate since Lisa Grow '97 (Luttigatrix/AMK), who was the last summa graduate since Peter W. Huber '82 (of Kellogg Huber fame). Other celebrated summas include HLS prof Charles Nesson, immortalized in A Civil Action as "Billion-Dollar Charlie," and Justice Felix Frankfurter. (Today graduating summa from Harvard Law requires a G.P.A. between A and A+.)

** A3G assumes that these fellows are conservative based on their feeder judge pedigree. But if one of these gents is a raging liberal, please let her know. If all four are conservative, it validates the observation of PrawfsBlawg's Dan Markel that Justice Scalia's purported practice of having one liberal clerk in his chambers "may be a practice more honored in the breach."

Courthouse Forum: Pornographer Correspondence

As she mentioned previously, Article III Groupie is drowning in work. As a result, her post about Justice Scalia's OT 2005 clerks won't be appearing until (1) things improve for her at the office, and (2) she gets more tidbits about the four incoming AS clerks (especially Evan Y. and the two "Johns," John D. and John S.; she already has a fair amount on Scott M.).

In the meantime, A3G will offer you a "Scalia-related" post. As she previously mentioned, the Rock Star of One First Street recently popped up on the gay porn site Nightcharm, following the "Sodomy-gate" scandal surrounding his recent visit to NYU.* (Thankfully, Justice Scalia appeared on the site only in name, not in body.**)

Not too long ago, A3G received an email from John Calendo, the Executive Editor of Nightcharm (a site that touts itself as offering "[s]ophisticated queer smut for the discriminating masses"). Considering that this section of her blog, Courthouse Forum: Letters to Article III Groupie, is UTR's answer to Penthouse Forum, it is altogether fitting and proper for A3G to publish pornographer correspondence in these pages. So here is the email (reprinted with permission):

Dear Under the Robes,

Thank you for mentioning our humble site ab imo pectore.  Porn sites, even when clever, are ofter persona non grata in the stately, daylight world of law gossip which speaks, of course, urbi et orbi. Sadly, de minimis non curat lex.

Thus, we were tickled pink by your mention, as we suspect you were by ours, though of course in a more stately, daylight fashion. Naturally, your title, Under the Robes, immediately grabs our attention. Res ipsa loquitur.

Your site was sui generis,  the only one that had an eye-witness account of the bellum horribilis with Scalia, and an excellent one at that -- not merely reporting the event, but giving the emotional flavor of the scene, as well as the writer's feeling.  Bravo (or would that be Brava?) to the eye-witness author.

Thank you for taking it in good humor.

Vivat Regina,

John Calendo
Executive Editor, Nightcharm

Well! A3G is speechless. And that may be just as well -- to quote Mr. Calendo, res ipsa loquitur.

* In the wake of "Sodomy-gate," several readers directed A3G's attention to the email apologia by Eric Berndt, the NYU Law student who asked Justice Scalia the infamous "do you sodomize your wife" question. For those of you who would like to read Berndt's message, it's available in this post at Wonkette.

By the way, today Wonkette links to Richard Leiby's "Reliable Source" column, which offers a delicious judicial sight-ation: Justices O'Connor, Souter, Ginsburg, and Breyer, attending the launch party for Becoming Justice Blackmun, the new book by Linda Greenhouse (a.k.a. the Femme Fatale of One First Street). But where was Justice Kennedy?

** Rumor has it that Justice Scalia has back hair -- which is not really A3G's cup of tea...

Justice O'Connor's OT 2005 Clerks

After a weekend that was less productive than it should have been, Article III Groupie is up to her silky smooth armpits in work. So after this post, you may not hear from her for a while. With precious little time, let's cut to the chase. Here's the information that you've all been waiting for, the latest installment in A3G's series of Supreme Court clerk puff pieces: SOC's clerks for the October Term 2005!

Please give it up for these three extraordinary individuals, who will be clerking for Justice Sandra Day O'Connor next Term:

1. Benjamin Horwich (Stanford '03/Becker/V. Walker (N.D. Cal.))

Tidbits:

(a) he was editor-in-chief of the Stanford Law Review, as well as a moot court star;
(b) "Ben devours recently released Supreme Court opinions with the same ferocity that the rest of save for the new issue of Us Weekly";
(c) despite his "gunner exterior," he "enjoys any movie with the Wayans brothers, watches The Apprentice every week, and makes a mean pappardelle with lamb ragout";
(d) a man of many talents, Mr. Horwich is also "quite the showman -- he played Harold Hill in his high school's (Latin School of Chicago) production of The Music Man, and years later sang about life as a gunner in the law school musical"; and
(e) "[o]ne of his stranger hobbies is gaming the frequent flyer system of United Airlines," sometimes flying from San Francisco to Frankfurt and back (without leaving the airport), just to protect his cherished 1K status. (Hmm... did Ben Horwich drive United into bankruptcy?)

2. Amy Kapczynski (Yale '03/Guido-maniac '03-'04) (photo at left by Andrea Albin/New Journal)

Tidbits:

(a) she is a former Marshall Scholar and current fellow at the Information Society Project of Yale Law School;
(b) while at Yale, she led a successful effort that pressured the university and Bristol-Myers Squibb into "relinquish[ing] their South Africa patent on a crucial AIDS drug" (but as noted in this very interesting article by Daryl Lindsey, Kapczynski's activism -- like so much liberal crusading -- may have unfortunate and unintended consequences);
(c) as noted by Lindsey, Amy "looks more like a protypical activist than a lawyer," with her "close-cropped brown hair, pierced eyebrow, and a penchant for wearing Carharrts and T-shirts"; and
(d) she has an extensive record of liberal activism, having worked for a lengthy laundry list of left-leaning groups.

3. Alexander "Sasha" Volokh (Harvard '04/Kozinski)

Tidbits:

(a) he has a "fantastic singing voice" and a weakness for showtunes (showtunes? sorry, boys, he's married -- to a woman);
(b) he founded the HLS Target Shooting Club and has a love of firearms;
(c) his hobbies include Scrabble and stamp collecting;
(d) despite his training as an economist, Sasha Volokh also has a more artsy side -- he's a prolific writer, poet, and translator; and
(e) when he and his older brother Eugene Volokh (of Volokh Conspiracy fame) were living in Washington, back when Eugene was clerking for SOC, Sasha is rumored to have stood on the corner of Connecticut Avenue and K Street, "reciting epic poetry for a fee for astonished passersby."

To follow up on item (e), apparently Sasha made a very good impression on Justice O'Connor while his brother was clerking for her. Volokh the Younger got his SOC clerkship without an interview (a fact UTR originally mentioned here). One day Sasha got a letter in the mail from SOC offering him the job. Talk about "You've Got Mail"! It's the federal judicial equivalent of an envelope from Ed McMahon: "Sasha Volokh, you may already be a Supreme Court law clerk!"

********************

What a remarkable crew! A3G suspects that this trio of legal geniuses is marked by, um, a healthy amount of ideological diversity. A Kozinski clerk and gun nut, clerking alongside a Guido-maniac and liberal do-gooder? Next Term should be an interesting one in SOC's chambers, to say the least. (The oenophilic Horwich may need a lot of pinot noir to get him through next year -- and a few long weekends in Frankfurt might not be a bad idea...)

Right now you're all wondering: "Hey A3G, where's the fourth SOC clerk?" Article III Groupie issued a UTR discovery request for this information, but she received no responses from her usually helpful readership. From this silence, A3G infers that Justice O'Connor has not yet hired a fourth clerk -- which is highly unusual for her, since she tends to be on the early side in her clerk hiring.

Okay, Article III Groupie will now go out on a limb. She will offer you what she warns you will be the rankest speculation. Here's her personal (and completely unsubstantiated) theory: SOC is saving a fourth spot for one of Chief Justice Rehnquist's hires, in case the Chief retires from the Supreme Court at the end of this Term.

This is not as daring a prediction as it might seem. First, there is a longstanding tradition of the remaining justices making a strong effort to pick up the hires of their departing colleagues. For example, as recounted here, Judge Kozinski was hired by Chief Justice Burger after Justice Douglas announced his retirement (even though Burger and Douglas weren't exactly ideological soulmates).

Second, Chief Justice Rehnquist and Justice O'Connor have a decades-old friendship, dating back to when they were classmates at Stanford Law School -- where they finished first and third, respectively, in their graduating class.* If anyone has a good idea of the Chief's plans, it would be SOC. (As for why the Chief even hired clerks for next Term, recall that he typically hires in June -- meaning that he would have hired his OT 2005 clerks in June 2004, before he was diagnosed with thyroid cancer.)

So, if WHR does retire, which of his three amazing clerks stands the best shot of getting a job with SOC? The smart money is betting on Ann E. O'Connell, veteran marathoner, to sprint past her co-clerks, Mark W. Mosier and Michael S. Passaportis. As that delicious himbo Ryan Seacrest might say, "Ann O'Connell, you are... safe."

Why is that? The answer has nothing to do with the relative merits of Ms. O'Connell over Messrs. Mosier and Passaportis. Rather, it's because Justice O'Connor has a strict 50-50 gender equality rule in her chambers. And with alpha males Ben Horwich and Sasha Volokh already aboard Sandra's Ark,** that last SOC spot has XX chromosomes written all over it.

What will become of Mark Mosier and Mike Passaportis if the Chief steps down? As a retired justice, WHR would be entitled to a clerk, so he might be able to keep one of them on the Court payroll. Or maybe they might get picked up by other justices -- although A3G's records reflect a full house at One First Street for OT 2005, and newbie justices tend to hire (a) people with whom they have worked before, and/or (b) people who have previously clerked at the Court. (Of course, if WHR's replacement turns out to be Judge J. Harvie Wilkinson III, a.k.a. The Aging Divo, Passaportis might end up in the exact same spot -- clerking for the Chief Justice in OT 2005.)

But even if Mark and Mike never make it to the Court, they still have shots at leading reasonably happy lives. If ballplayer Mosier strikes out in landing another high court gig, he can always fall back on his baseball talent (or get over his depression by watching "Leave It To Beaver" reruns).

As for Mike Passaportis, he can find sweet succor in the arms of his female admirers, who are legion. Several UTR readers sent A3G this group email:

We're disappointed to see so little information on fellow UVA hottie Michael Passaportis (other than the boxers tidbit… Why not show a picture of Mr. Passaportis in his boxers?  Now ladies, that would be sensational <wink, wink>).

In law school, Mike came across as a bit of a loner, but rumor was that he has a wicked sense of humor.  And he definitely fit the bill for tall, dark and handsome. Although we weren't too keen on his yucky smoking habit.

Of course, the girls just loved it whenever he got cold-called in Criminal Procedure… it wasn't so much for his brilliant contribution (which was a given), but because we enjoyed daydreamin' to that sweet, sexy South African accent!

Cheers,

[Some Virginia Law women]

In addition, the hunky Mr. Passaportis is hereby invited to apply for the coveted position of Mr. Article III Groupie. (Just kidding! A3G has a boyfriend at the current time, thank you very much.)

Of course, the rumor that Justice O'Connor still has one spot open is just that -- a rumor. Article III Groupie loves to be corrected; getting spanked for her errors is a major turn-on. So if you have information about a fourth SOC clerk for OT 2005, please email A3G, ASAP! (And if you happen to be that fourth SOC clerk, A3G apologizes for overlooking you. But it's kind of your fault too -- you should have stepped forward and identified yourself!)

CIAO!

* Rumor has it that Rehnquist and O'Connor may have dated briefly in law school. If so, it must have been a short-lived romance, since Justice O'Connor met her future husband, John Jay O'Connor, while at Stanford.

** A3G sleeps better at night knowing that if an asteroid destroys the entire world, except for the chambers of Justice O'Connor, the SOC clerks will be able to repopulate the earth...

Judicial SIGHT-ation: Back in the Saddle with "The Easy Rider"

Some time ago -- she's embarrassed to admit exactly how long ago -- Article III Groupie received the following email from a reader:

As I sat with a cup of coffee this morning, lazily switching channels on the television with no real expectation of finding anything interesting, I was stunned to find Judge Alex Kozinski on C-Span! He was addressing a room full of students at Cleveland High School in Reseda, California. The Easy Rider was quite casually going on about such diverse topics as federalism, judicial restraint, how he works with other members of the court to reach resolution from disagreement, whether he finds joy in his job, and how conservatively the death penalty should be imposed.

The discussion was part of a "Students and Leaders" panel [that was] hosted at the school on March 16, 2005. I'm a little hung over, so I can't be positive about that date.... [Judge Kozinski] was wearing those awful glasses and needed a haircut. And, respectfully, he should consider a more regular workout regime. He was straining the collar of his shirt and looking a tiny bit swollen.

In any event, the judge was very engaging and answered the students' questions thoughtfully. He avoided giving simple and predictable responses and instead delivered complex and nuanced answers....

WOW! Although A3G must respectfully dissent from the critical comments concerning the #1 Superhottie's appearance, this email definitely got her very excited. After quickly tracking down the video clip of his appearance, she sat down in front of her computer to hear his words of wisdom. Here's her running commentary (sort of like "liveblogging," but not exactly, since the interview aired well before she was able to watch it):

--We're at Cleveland High School in Reseda, California. Yes, that Reseda, immortalized by Tom Petty in "Free Fallin'": "It's a long day, living in Reseda. There's a freeway, running through the yard." (Apparently this reference to a freeway is inaccurate, according to the Reseda Blog.)

--Judge Kozinski is introduced by the poised and pretty Kidada Malloy, who proudly identifies herself as "co-founder and co-president of the Junior Tree People Club."

--Not preceded by any court crier, Judge Kozinski casually takes the "stage" (i.e., the area at the front of the classroom). Despite their physical proximity, a yawning chasm separates Judge Kozinski, a federal appellate judge and possible Supreme Court nominee, from the assembled gaggle of pimply high schoolers. But Judge Kozinski commendably tries to bridge that gap, with a friendly and relaxed greeting: "Hey guys, how you doin'?"

--Judge Kozinski is wearing a tasteful grey suit, a blue button-down shirt, and a blue tie with gold dots. The Easy Rider is looking mighty fine; A3G tries not to drool on her keyboard...

--Judge Kozinski starts telling the story of his path to the bench. Most of this is old hat to A3G, a longtime Kozinski fan. But she does learn more about the important role played by the movies (e.g., "12 Angry Men") in inspiring Judge Kozinski to go into the law.

--AK (matter-of-factly): "In the U.S., the way you become a judge is to get involved in politics." How true!

--Judge Kozinski mentions to the students that he clerked for then-Judge Kennedy and Chief Justice Burger. The camera pans to the students. Their jaws have not dropped, their eyes remain in their sockets, and no one has fainted. Their faces are blank; they clearly have no clue as to the meaning and importance of these clerkships. Heck, Judge Kozinski might as well be telling them he once worked at In-N-Out Burger. How charming!

--After Judge Kozinski finishes telling the students about how he became a judge, he opens the floor to questions. The questions are surprisingly intelligent, and Judge Kozinski compliments the students on their insightful inquiries.

--One student asks the judge how he prevents his political ideology from influencing his judicial decisions. Judge Kozinski explains that if he comes to a preliminary conclusion about a case that is inconsistent with the result that his own personal views would favor, he feels pretty comfortable that he has reached the right decision. But when his preliminary conclusion happens to favor the party that he sympathizes with, he subjects his analysis to even closer scrutiny. Judge Kozinski's integrity, intellectual honesty, and commitment to "calling them as he sees them" are what make him such a great jurist.

--A3G can't help noticing how skillfully Judge Kozinski works the crowd -- a reminder that he used to be in politics. She admires how casually he drops the questioner's name ("Charles") into his response to one inquiry.

--A highly attractive young woman named Ebony -- who probably will, in a few years, be eligible for America's Next Top Model -- asks Judge Kozinski for his advice about how to become a judge.* In the course of his response, Judge Kozinski reminds the students that the key thing is to love what you do: "It is very hard to be good at something you don't love." (Point well-taken: A3G can name a number of federal judges who enjoy the pomp, the prestige, and being called "Your Honor," but who don't really enjoy their jobs...)

--The discussion turns to various hot-button topics, including gay marriage, judicial activism, and the death penalty.** Judge Kozinski offers insightful, candid, and highly substantive responses; despite the sensitive nature of the topics, he does not duck or dodge the questions. The only subject he declines to touch is the Michael Jackson case, currently pending in state court. (A3G will not summarize The Easy Rider's comments here -- she encourages you all to watch this extremely interesting speech for yourselves!)

--High school debater Cameron Roth -- who's kinda cute, in a Seth Cohen sort of way -- asks Judge Kozinski for advice about how to explore his interest in the law. Judge Kozinski's advice to young Cameron? Watch My Cousin Vinny! The correspondent who brought this event to A3G's attention explains The Easy Rider's movie recommendation thusly:

[Judge Kozinski] said that [the film] captured an important aspect of the practice of law and instructed the student to take close notice of how everyone in the movie just did his or her job. The lesson in the film, in Judge Kozinski's view, was that there was no "bad guy" in the proceedings (aside from the somewhat stern judge). He said, practicing law requires you to work with people without vilifying them.

--A student named Elizabeth asks a question along these lines (A3G is paraphrasing): "Do you ever ask yourself, 'Do I feel good, in this place, being a judge?' Do you feel comfortable being a judge? Do you ever get put down by other judges?" A3G's correspondent offers this account of the question and AK's answer:

Another student asked the EZ Rider about the tone of discussion at the Ninth Circuit and how the judges settled disputes among themselves in cases. Judge Kozinski laughed and said that while he often disagrees strongly with the conclusions of some of his colleagues -- "and indeed, sometimes ten at a time" -- the judges on any given panel, in his experience, maintain friendships and good working relationships despite their divergent views in certain areas.

Judge Kozinski then mentioned that such is not the case in some other courts of appeal, where he said various judges do not work to be respectful of their dissenting colleagues and the working environment is characterized by animosity. He did not reveal to which court/(s) he was referring.

A3G can't help wondering: Is Judge Kozinski being a little too diplomatic in this response? After all, the notoriously contentious Ninth Circuit is the court where the term "bench-slap" was invented. Heck, even the liberals on the court can't agree with each other!***

The event concludes with the official presentation of a key chain and lapel pin to Judge Kozinski, as well as a photo opportunity with the photogenic judicial hottie. As the video fades out, one can see the junior "Article III groupies" mobbing The Easy Rider, greedily seeking even more face time with this brilliant jurist...

As A3G watches the students getting up close and personal with the top-ranked judicial superhottie, she starts to feel the pangs of jealousy. But then she stops herself and says, "Kidada, Ebony, Elizabeth: The Easy Rider spent one fleeting afternoon with you. Has he ever cyber-whispered sweet nothings in your ear -- or emailed you exclusive pics of him scuba-diving?"

Okay, girls, let's make a deal. You let A3G keep Judge Kozinski all to herself. In exchange, you get dibs on his hottie son, Wyatt Kozinski, who's closer to your age anyway. (Click on the thumbnail above for a closer look at Wyatt's nicely toned right bicep!)

* To Ebony and all others interested in advice on how to become a federal judge, A3G enthusiastically endorses this piece by Judge Kozinski, "So You Want to Become a Federal Judge By 35" (pdf).

** Judge Kozinski discussed the death penalty extensively in a fascinating piece in the February 10, 1997 issue of the New Yorker; the piece should eventually be posted on the Judge Kozinski fan site (article listed as "to be scanned").

*** See, e.g., United States v. Alvarez-Gutierrez, 394 F.3d 1241 (9th Cir. Jan. 14, 2005). In the words of the UTR reader who brought this opinion to A3G's attention: "This is, so far as I know, the first time Darth Vader has filed a dissenting opinion from the Emperor's left... Is civil war brewing on the dark side?"

Additional commentary on the case is available here ("[The outcome is] a compliment to Judge Reinhardt and a (tiny) backhanded slam on Judge Berzon. I mean, when you can't even get Judge Reinhardt to buy into your argument on behalf of an illegal alien in a criminal case, you gotta be doing something wrong.").

Judicial SIGHT-ations: An Article III Triple Header!

Lately Article III Groupie has been focused on the Supreme Court: those nine judicial deities, and their clerkly attendants. Perhaps some of you are getting One First Street fatigue. So, in an effort to mix things up a little, A3G now interrupts her Supreme Court clerk programming, for a brief trip back to the lower courts.

Today she brings you some most exciting news: a federal judicial three-way! Recently A3G received this gobsmacking morsel of mail:

Dear A3G,

Last weekend, I attended the wedding of two high-powered prosecutors: John P. Collins, Jr., an AUSA in the much-heralded U.S. Attorney's Office for the Southern District of New York, and Mary Jo Blanchard, an ADA in the Bronx District Attorney's office.  John, by the way, is the son of a non-icky state court judge.  Here is their New York Times wedding announcement.

Now, here's why I'm writing: judicial sight-ations galore!  A3G, you would have died.  At the reception, I was seated at a table with not one, not two, but three, yes, three federal judges: Judge Barbara S. Jones (S.D.N.Y.), Judge John F. Keenan (S.D.N.Y.), and Judge Sonia Sotomayor (2d Cir.)!

As one might expect given the company, the conversation was sparkling, erudite, and delightful.  Some funny stories were told, of the "judges are real people too" variety, but I do not feel at liberty to share them.  After all, my mealtime companions were never told they would be "on the record." 

I will, however, describe the impressive attire of my fellow guests -- which was, after all, in "plain view" of everyone in attendance.  In doing so, I have drawn inspiration from your former correspondent, Southern Diva of New York.

1.  Judge Keenan.  Judge Keenan was dressed conservatively, in a grey, pin-striped suit, a blue button-down shirt, and a nice tie.  (Sorry, I couldn't tell the designer; I don't have your eye for fashion.)  Although not particularly exciting, his outfit worked. Judicial style score: 8.0.

(But Mrs. Diane Keenan deserves a style score of 9.5!  In her pale pink suit and pearl necklace, she was the very embodiment of Upper East Side elegance.  She reminded me a lot of the lovely and talented Frances Sternhagen, who played Bunny MacDougal on "Sex and the City."  But unlike Bunny, Mrs. Keenan couldn't be nicer.)

2.  Judge Jones.  The youthful and stylish Judge Jones was wearing the official uniform of your favorite senatrix, A3G: The Black Pantsuit.  It wasn't a very adventurous choice, so maybe she doesn't get points for originality.  But she sure looked great in it! Judicial style score: 9.0.

If you were to assign her a "judicial fun quotient," Judge Jones would rate a perfect 10!  Unlike many Article III judges, who have allowed their status to go to their heads, Judge Jones is friendly, approachable, and down-to-earth.  Not only is she a fun conversationalist, but she's also as an excellent dancer.  The high point of the day for me: receiving dance lessons from a federal judge!

3.  Judge Sotomayor.  You would have loved the outfit of Judge Sotomayor: a very dramatic, red skirt suit, with a rather long jacket.  I had never met Judge Sotomayor before, so I was not prepared for how striking and glamorous she is in person.

Pictures don't do justice to Judge Sotomayor.  Maybe it's because they fail to capture her aura of mysterious intensity -- very Sonia Braga.  Or maybe it's because they make her hair look flat, which it most definitely isn't.  For the wedding, she had it done up in an "old Hollywood" perm that was simply stunning. Judicial style score: 9.5.

I enjoy your blog a ton.  Keep it up!

Delightful and fabulous! A3G thanks her reader for this wonderfully detailed report. If only she could have been there -- dancing with a federal judge would be a dream come true!

Of course, the super-knowledgeable A3G has some trivia to add about each judge:

1. Judge Keenan. In 1983, Judge Keenan, a veteran of the Manhattan D.A.'s office, was on the verge of being nominated as U.S. Attorney for the Southern District of New York -- until, at the eleventh hour, he was elbowed out of the way by a brash upstart named Rudy Giuliani. John Keenan's "consolation prize"? A district court judgeship, which he was nominated for later that year.

2. Judge Jones. She's not only stylish and fun, but also an excellent judge. Check out this very interesting NYT article, a joint profile of Judge Jones and her good friend, Judge Denise L. Cote (S.D.N.Y.), both presiding over WorldCom litigation. The piece describes Judge Jones as hardworking, efficient, and formidable in the courtroom; she runs a tight judicial ship. The article also offers these additional tidbits:

(a) "Judge Jones's Christmas parties are also legendary. Every year, she caters a party in the courthouse, complete with a disc jockey. But true to her image as a bridge builder, she makes sure that the courthouse staff members, including cleaners and security guards, are invited."

(b) "[Judge] Jones's first job out of college was as a hostess at a Howard Johnson's restaurant in the Sepulveda area of Los Angeles..."

(c) As an attorney in the DOJ's organized crime and racketeering group, "a male-dominated world," Judge Jones "stood out for her tact, teamwork and diplomatic skills."

(d) While a prosecutor in the legendary S.D.N.Y., Judge Jones became close friends with Sara Moss, now Estée Lauder's general counsel, and Mary Jo White, former U.S. Attorney for the S.D.N.Y. (now back at Debevoise & Plimpton, where she chairs the litigation department). The three women "called themselves 'the three Sids,' after Sid Vicious, the bass player of the Sex Pistols, the punk rock group. The three were also fierce tennis rivals. Still close, they sometimes take vacations together."

(e) Lawyers rave about Judge Jones, whom they describe as "fair and rarely ideological," "balanced," and "committ[ed] to justice."

3. Judge Sotomayor. Judge Sotomayor has been discussed extensively in UTR's pages, so A3G will simply refer you to her prior posts. Back in this post, A3G recounted the inspirational life story of "Sonia from the Block," whose remarkable, J. Lo-esque trajectory took her from the housing projects of the Bronx to the halls of 500 Pearl Street. And in this post, A3G imagined Judge Sotomayor mud wrestling the "Yankee Ice Princess," Judge Sandra L. Lynch (1st Cir.), for a Supreme Court appointment in a Kerry administration. (Both jurists were on the Kerry shortlist.)

In light of John Kerry's loss in the election, Sonia from the Block is no longer on a "rocket ship to the Supreme Court" (as Rush Limbaugh once stated). That may be just as well. Based on her fashion sense, it sounds like she'd be more at home on a Paris runway!

A3G hopes you enjoyed this little detour from Washington. To those of you who came here looking for the next installment of Supreme Court clerks, don't despair; the post about the SOC clerks is on its way. (But there's still time to email A3G with new tidbits about them, or any of the other OT 2005 clerks. So don't delay!)

UTR Discovery Request: Missing SOC Clerk

Article III Groupie thought she had biographical data for all 35 Supreme Court clerks for October Term 2005. Ever since she issued her UTR discovery request seeking this information, her email inbox has been flooded with helpful responses. But in the course of collecting material for a post on Justice Sandra Day O'Connor's clerks, A3G discovered that she is missing information for one SOC clerk. So she hereby supplements her prior discovery requests, by propounding this interrogatory to her readership:

Who else is clerking for Justice O'Connor in OT 2005, in addition to Ben H., Amy K., and Sasha V.?

A3G thanks her readers in advance for any info -- e.g., name, law school, prior clerkship, and tidbits -- concerning this unidentified clerk.

Justice Stevens's OT 2005 Clerks (and Happy Birthday, JPS!)

Article III Groupie continues to be underwater at work and without much time to blog. If you need any further evidence of this, consider her complete failure to blog about the dénouement of "Guidogate" (which ended with Judge Calabresi receiving the proverbial slap on the wrist).* Nor has A3G blogged about David Garrow's fascinating new article in Legal Affairs, concerning Justice Harry Blackmun's excessive reliance on his law clerks during his time on the Supreme Court.**

But A3G soldiers on, trying to keep her head above water in the office while doing a minimal amount of blogging. She realizes that she has been neglecting her email, for which she apologizes. Please rest assured that she does read and appreciate your messages, even if she never responds to them.

As proof that she does read her email, despite her failure to reply, she offers you this informative message:

Love the recent posts. Keep up the good work. I do hope that you'll give a shout-out today to Justice John Paul Stevens, who celebrates his 85th birthday today. I feel that he was slighted in your super-hotties of the federal judiciary contest, especially given his astounding collection of super trendy bow ties, but I'm sure that a shout-out from A3G to the most mature member of the current Court would more than make up for it.

Most excellent! A3G sends Justice Stevens the warmest birthday wishes that Judicial Birthday Watch can muster. She notes for the record that JPS shares a birthday with the luscious Carmen Electra.***

(An aside: How will JPS's birthday be celebrated at One First Street? A3G envisions Justice O'Connor, clad in cowboy jeans and boots, marching around the justices' conference table and rapping, "Hey J.P., it's your birthday! We gon' party like it's yo birthday! We gon' sip Bacardi like it's your birthday!")

Now that we've raised the subjects of (1) Supreme Court clerks and (2) Justice Stevens, there could be no better time to announce JPS's clerks for the October Term 2005! Please give a big round of applause to these four outstanding young lawyers:

1. Jean Galbraith (Boalt '04/Tatel Tot)

Tidbits:

(a) she was editor-in-chief of the California Law Review during 2003-04;
(b) she was one half of a team who played Justice Souter in Professor Jesse Choper's Supreme Court Seminar, a class in which students (in the roles of the justices) discuss actual cases before the Supreme Court, and then, as part of the class, draft "opinions" representing the views of their justices;
(c) she was a Peace Corps volunteer in Africa for two years after college (UTR's tipster: "Gambia?");
(d) she is a descendant of renowned economist John Kenneth Galbraith ("granddaughter or great-granddaughter?"); and
(e) she was a 2003 summer associate at Altshuler Berzon, the super-elite, super-left-wing San Francisco law firm (and yes, the former home of that Berzon, a.k.a. She-Who-Must-Not-Be-Named, whose husband, Stephen P. Berzon, remains at the firm).

2. Daniel Lenerz (Stanford '02/M. Thompson (M.D. Ala.) '02-'03/S. Williams '03-'04)

Tidbits:

(a) he's currently working in the U.S. Attorney's Office in San Diego;
(b) he is a Sagittarius;
(b) he is "an exceptional breakfast cook";
(c) his hobbies include reading, lifting, running, drinking, watching movies, sleeping, and baking; and
(d) his taste in music (e.g., Wilco, Modest Mouse) is better than his taste in movies (e.g., overrated films like Lost in Translation and The Graduate).

3. Sarah Eddy McCallum (Oxford/Georgetown '02/Rakoff '02-'03/Walker '03-'04 (2d Cir.))

Tidbits:

(a) she did her law degree at Oxford, where she was a Rhodes Scholar, then continued her studies at Georgetown;
(b) she was "a closet thespian who toured in exotic places such as
Japan and, erm, Bosnia";
(c) she is "a former competitive downhill ski racer";
(d) since the end of her clerkship for Judge Walker, she has been at corporate law powerhouse Wachtell Lipton, in New York; and
(e) her husband, theater director Davis McCallum, is a fellow Rhodes Scholar, and her father-in-law is Associate Attorney General Robert McCallum, Jr..

4. Sam Spital (Harvard '04/Edwards)

Tidbits:

(a) he was voted most likely to be a Supreme Court justice by the Harvard Law School graduating class;
(b) at HLS, he was editor-in-chief of the Harvard Civil Rights-Civil Liberties Law Review;
(c) he was also "the right-hand man to Harvard legends Larry Tribe and Lani Guinier" (perhaps Sam helped Professor Tribe out with legal research -- but hopefully not too much);
(d) Sam's hobbies and interests include travel, civil rights, art, public space, and football;
(e) rumor has it that "he doesn't eat any food beginning with 'P'";
(f) he is "an emerging expert on voting rights law," and "destined to be one of the great civil rights leaders of our generation"; but
(g) he can be "a bit of a heartbreaker."

If you question the "heartbreaker" comment, just look at Sam's picture. Those bedroom eyes put Constantine Maroulis's to shame! But Sam's eyes are also marked by a somewhat somnolent quality, reminiscent of the dearly departed Lindsey Cardinale...

Congratulations to Jean Galbraith, Dan Lenerz, Sarah McCallum, and Sam Spital. A3G wishes them a wonderful clerkship year with Justice Stevens!

* Hat tip: How Appealing, of course. For more detail, check out the Judicial Council's decision (pdf). The opinion mentions a complaint against Judge Calabresi that A3G was not previously aware of: a charge that "on May 23, 2004, the Judge's wife attended a protest against the President and the war in Iraq, [where] she said that 'she was protesting on behalf of herself and her husband' (identifying him by title, court and name)."

** Hat tip: this post at the promising new PrawfsBlawg blog, where "[a] group of young legal turkeys offer[] their thoughts on law and the things that really matter in life."

*** Who is Carmen Electra's favorite Supreme Court justice? If A3G had to guess, she'd offer this -- perhaps surprising -- response: Justice Scalia! Ms. Electra has been quoted as follows:

I'm more attracted to a stronger man rather than a feminine man. Someone who would just throw me down and take control. I love feeling helpless. I definitely like a man who is aggressive and confident.

"[A]ggressive and confident"? Justice Scalia, if the robe fits, wear it! If you want to see aggression at its finest, read his brilliant, scorching dissent in Morrison v. Olson, 487 U.S. 654 (1988), which is one of A3G's all-time favorite opinions.

Chief Justice Rehnquist's OT 2005 Clerks

Article III Groupie is absolutely overwhelmed. Work has been insane for her lately, and she spent most of last weekend in the office. These non-UTR demands on her time are painful to A3G, in light of the recent proliferation of interesting developments in the federal judicial universe. There are so many things that she'd love to blog about, if only she had the time.

For now, A3G offers you this quick post -- the first in a series of nine -- about the Supreme Court clerk class for October Term 2005. She will now reveal the names of Chief Justice William H. Rehnquist's three clerks for OT 2005. She will announce the clerks to the remaining eight justices in future posts, moving down the list of justices in order of seniority. She will then post a complete list of the 35 clerks for OT 2005, along with a few concluding observations about patterns and trends in Supreme Court clerkship hiring.

So, in alphabetical order, here are the three fabulous folks who will be clerking for the Chief next Term:

1. Mark W. Mosier (Chicago '04/Tacha)

Tidbit: Before attending law school at the University of Chicago, where he served as the Comment Editor of the law review, Mark played played professional baseball for the AA affiliate of the San Francisco Giants. How neat is that!

Also, he enjoys watching "Leave It To Beaver."

2. Ann E. O'Connell (GW '04/Magill)

Tidbits: A3G has a wealth of delightful tidbits about this brilliant legal hottie (see picture at right; life isn't fair, is it?):

(a) she prefers the ALWD Citation Manual over The Bluebook;
(b) she worked as a sorority consultant before attending law school (how Elle Woods of her!);
(c) her two pet peeves are said to be "pantyhose with open-toed shoes, and when an animal's mouth opens and a human's voice comes out";
(d) she is running in the Fargo marathon next month, which will be her fourth (wow!); and
(e) she calls in every week to vote for Bo Bice on American Idol (A3G to Ann O'Connell: "But Bo is so grungy! Why not vote for the swoon-inducing Anthony Fedorov instead -- so what if he can't sing?").

3. Michael S. Passaportis (UVA '04/Wilkinson)

Tidbit: One word: Boxers.

A3G commends Mr. Passaportis for his choice. A man can't go wrong with boxers, which are classic and conservative. Boxer-briefs can also work, but only if the guy has the body to pull them off.