Article III Groupie recently gave Jeffrey Toobin, the brilliant legal affairs writer at the New Yorker, a peek beneath her robe. Toobin now reports that one David B. Lat, a federal prosecutor in Newark, New Jersey, claims responsibility for this blog. (To learn more about David Lat, check out Howard Bashman's comprehensive write-up.)
A3G will now share her thoughts on Toobin's article with you. Toobin writes:
In the months since Sandra Day O’Connor announced her retirement, Americans have become obsessed with judge-watching. The new pastime practically eclipsed the World Series, with fans paying more attention to Harriet Miers’s eye makeup than to Jermaine Dye’s batting average. Consequently, this has been a good year for a Web site called Underneath Their Robes, which has established itself as the unofficial blog of record about the federal judiciary. There’s plenty of inside dope on the site, including comprehensive dossiers on various jurists and the identities of each new group of law clerks at the Supreme Court, but its real appeal lies in the distinctive voice of its pseudonymous author, Article III Groupie. (Article III of the Constitution established the federal judiciary.)
A3G, as she calls herself, writes like a boozy débutante, dishing about the wardrobes, work habits, and idiosyncrasies of the “superhotties of the federal judiciary” and “Bodacious Babes of the Bench.” The author is keen on the new Chief Justice, writing, on one occasion, “Judge Roberts is lookin’ super-hunky tonight, much younger than his 50 years. . . . The adorable dimple in his chin is making A3G dizzy.” In contrast, she had doubts about Harriet Miers, posting a “Hairstyle Retrospective” and noting, “If Harriet Miers wins confirmation, maybe Supreme Court justices should start wearing powdered wigs.” Her posts on the new Supreme Court nominee, Samuel Alito, have included a report—a “judicial sight-ation” — of the Judge stopping in at a Newark pizza shop, and a sizing up of Alito’s teen-age son: “Since he’s 19, A3G is permitted to say: he’s a hottie!”
A3G has a minor clarification to add. Although it's true that Article III Groupie calls herself "A3G," it should be noted, in the interest of complete accuracy, that this moniker was bestowed upon her in the first instance by Judge Alex Kozinski, the #1 Superhottie of the Federal Judiciary.
The article continues:
The blog has many fans, including Richard Posner, the legal scholar and federal appeals-court judge in Chicago. “The beauty contests between judges can’t be taken very seriously, but I enjoy the site,” he said. “It presents good information about clerkships and candidates. It’s occasionally a little vulgar, but this is America in 2005.”
Judge Posner is brilliant, but he's wrong to dismiss judicial beauty contests as a joke. Judge Posner: Have you seen Judge Kimba Wood and Judge Kim McLane Wardlaw? Babes ipsa loquitur!!!
Back to the article:
In the autobiographical section of the blog, A3G says that she attended an Ivy League college and a top-five law school, clerked for a federal appellate judge, and had several interviews for clerkships on the Supreme Court—“but they ended in tragedy (i.e., with her not getting a job with the Supremes).” She goes on, “Article III Groupie then went to work for a large law firm in a major city, where she now toils in obscurity. During her free time, she consoles herself through the overconsumption of luxury goods.”
In real life, A3G is a thirty-year-old Newark-based assistant U.S. attorney named David Lat. “The blog really reflects two aspects of my personality,” he said over lunch recently. “I am very interested in serious legal issues as well as in fun and frivolous and gossipy issues. I can go from the Harvard Law Review to Us Weekly very quickly.” Lat, who has a boyish face, lives in Manhattan and commutes to New Jersey, and he writes his blog entries in his spare time. Like A3G, he graduated from Harvard College and Yale Law School, and he worked briefly at a big New York law firm. Although his current job as a prosecutor has required him to pare back his life style, he says, “I still hoard toiletries from luxury hotels all over the world.” Lat interviewed for a Supreme Court clerkship, with Justice Antonin Scalia, but he didn’t get it.
A few quibbles here (despite the meticulous fact-checking of the New Yorker's Tim Farrington, who even asked Lat to confirm whether his face can be fairly characterized as "boyish"). First, it's not entirely accurate to say that "A3G is... David Lat." Lat offers this explanation, which A3G reprints herein with his permission:
It's not fair to say that I "am" A3G. With apologies for this self-aggrandizing (but helpful) comparison, one would not say that Vladimir Nabokov "was" Humbert Humbert or that J.K. Rowling "is" Harry Potter. A3G is, like Chief Justice Roberts on the Supreme Court, "h[er] own [wo]man." Like Judge Posner's cat Dinah (also featured in the New Yorker -- with a picture), A3G is fiercely independent and answers to no one. In fact, when I have something to report to A3G, I email her about it -- just like any other reader of UTR.
Thus, my persistent denials of being A3G have been, in a technical and perhaps Clintonian sense, quite correct. My opinions and those of A3G are not exactly the same. In fact, some of the people that A3G has offered snarky commentary on are people for whom I harbor admiration, affection, or both. In short, A3G does as she pleases, and I cannot be blamed or held accountable for any of her misdeeds, indiscretions, or occasional vulgarity.
Article 3 Groupie agrees with these observations from Dave Lat, and she would like to underscore that the views stated in this blog -- all on frivolous, non-substantive issues, such as judicial fashion -- represent the views of no one but herself. They do not represent the views of A3G's Biglaw employer, David Lat, or David Lat's employer.
A3G has some additional tidbits and quibbles to add. The article reports that Lat, after clerking for a federal appeals court judge (Judge Diarmuid F. O'Scannlain (9th Cir.)), "worked briefly at a big New York law firm." For the record, Lat worked for two-and-a-half years at the fantastically high-powered firm of Wachtell, Lipton, Rosen, & Katz. Wachtell Lipton is a famously hard-working place; as the old saying goes, "Wachtell years are like dog years." So "brief[]" is not a fair characterization of Lat's tenure there, which involved thousands upon thousands of billable hours.
In addition, like A3G, Lat had more than one interview for a Supreme Court clerkship. In addition to interviewing with Justice Scalia, as noted in Toobin's piece, Lat also interviewed for a clerkship with Justice Anthony M. Kennedy, with the AMK screening committee (which at the time consisted of Tom Hungar and Brett Kavanaugh; the Kid from Tegucigalpa was no longer participating).
And now, the conclusion of the article:
“Yale treats certain judges like celebrities,” [Lat] said. “And I’ve always had a certain status anxiety about not having clerked on the Supreme Court.” (A3G often refers to Supreme Court clerks as “the Elect.”) “My interest in celebrity has kind of metastasized from the judges to the clerks,” he added.
Lat is proud that some of his catchphrases have slipped into wider circulation—“litigatrix,” “judicial diva,” and “bench-slap” (for disputes among judges). Although he intended to remain anonymous, the success of the blog made coming clean irresistible. “I felt frustrated that I was putting a lot of time into this and was unable to get any credit for it,” Lat said. “But eventually these things have a way of coming out anyway. I only hope that the judges I appear in front of don’t read it.”
A3G's final comments: (1) once again, the views expressed in this blog are exclusively those of A3G, and no one else; and (2) Dave Lat is a very interesting individual, and he has asked A3G to mention that he would be happy to entertain further media inquiries. Lat would be delighted to write op-eds on issues concerning the federal judiciary, to offer radio or television commentary on the same, to cater your next special event, and to entertain at children's birthday parties. (You may contact him by emailing A3G, who will make sure that he gets your message.) Thanks for reading!
I was happier being oblivious. Its akin to finding out the truth about Santa Claus. You can still pretend, but it will never have the same magical quality.
Posted by: MDJ | November 14, 2005 at 05:11 PM
Lat has written a number of gay-related articles in the Crimson. Search the archives. In one short letter to the editor, he noted "Current military policy towards homosexuals cannot be compared to earlier racial discrimination in the military because the question now is one of action and behavior as opposed to identity." In another entitled "Stay in that Closet," he wrote "Many people who are themselves as gay or lesbian later realize that they were mistaken in their self-labelling. It is far better for a gay professional to remain closeted, leaving himself open to the possibility of later fitting in and leading the life of a straight person, than to publicly and vocally commit himself to being a member of a group that by its own account faces discrimination at every turn." I hope that his views have softened over the years. Forget professional accomplishment; how about little things like self-esteem, honesty, and not being depressed?
Posted by: Whatever | November 14, 2005 at 04:41 PM
This once again shows how easy it is to become a successful blogger if one pretends to be a woman. Or maybe if one actually WAS a woman. I don't know. How many other "female" bloggers are actually men pretending to be women?
This was a great blog. The post about Judge Scalito eating a slice of pizza, that was the best blog post I've read this month. But would it have been popular if a guy's blog? Probably not.
Posted by: Half Sigma | November 14, 2005 at 04:38 PM
I'll second Eh Nonymous' comment. A3G, you are brilliant!
Posted by: Beth | November 14, 2005 at 04:27 PM
I'll give you this, Dave: you certainly know "what men want".
NOW GO AWAY!!!!!!!!!! WE WANT A3G BACK!!!!!!!!!!!!!!!
Posted by: DURAS | November 14, 2005 at 04:20 PM
is it just me or does A3G's new pal bear a resemblance to the "kid from tegucigalpa" Miguel Estrada?
Posted by: anonymous | November 14, 2005 at 04:02 PM
Ah, yet another layer peels away from the riddle wrapped in a mystery that is DBL. Though I am a bit surprised this layer was by La Perla.
For those seeking a bit more insight into the earlier layers of A3G's alter ego (who's to say A3G is David's creation and not the other way around): http://www.thecrimson.com/writer.aspx?ID=1947 ("Opinion" link at top)
Posted by: TLA | November 14, 2005 at 03:34 PM
A3D:
I am still your biggest fan. I find it very very strange that people read your blog and thought you were something other than a fictional creation.
It's not like you were using a real person's name.
I'm very grateful to the attention you have shown me and you are STILL my first choice for clerk.
Samuel A. Alito
"The A Stands for Awesome"
samuelalito.blogspot.com
Posted by: Samuel Alito | November 14, 2005 at 03:34 PM
Lat's profile on Friendster indicates that he's single:
http://www.friendster.com/user.php?uid=1241429
Posted by: Anon | November 14, 2005 at 03:29 PM
People, people, people:
The relationship between A3G and David Lat is similar to the relationship between General J.C. Christian and his "inner Frenchman" Patriotboy. It is not a Samuel Clemens/Mark Twain or Atrios/Duncan Black relationship.
And yes, A3G can be her own woman even if she's "fictional". Sometimes characters go off and do their own thing, and the writer is going along for the ride.
But I'm still curious about whether A3G was behind Harriet Miers's blog.
Posted by: Maureen | November 14, 2005 at 03:03 PM
Dear AGIII,
What can I say? It was Camelot.
XOXOXO,
Loyal Cinci Correspondent
Posted by: Loyal Cinci Correspondent | November 14, 2005 at 03:02 PM
I think a lot of people out there need to get over their gender issues.
Posted by: Jeff | November 14, 2005 at 02:57 PM
Plus, it would've been way cooler had someone found you out (versus your coming out of the closet so you can get recognition). Insecurity and need for credit were cute in A3G, but lame in some Harvard/Yale dude.
Posted by: Anonymous | November 14, 2005 at 02:55 PM
This makes me sad. I understand your need for recognition, David, but this isn't the same as Harry Potter and J.K. Rowling. First, Rowling herself never pretended to be Harry Potter. No adult (should have) believed Harry Potter was a real person, yet many of us believed there really was an A3G. It makes a substantial difference now reading the blog knowing it's not real. Second, even those who didn't believe A3G was real, knowing that her character is authored by a man will make some of us uncomfortable, and at least make many of the jokes less funny.
Posted by: Anonymous | November 14, 2005 at 02:31 PM
I am amazed... simply amazed... at the amusing, ill-thought-out, boorish, foolish, crass, and unclassy commentary represented by some of the previous comments here and at the Volokh.com post on this sensitive subject.
To the folks who feel dirty: you only feel okay reading a pink blawg by a self-described "judicial starf***er" because she was a Girl? You feel gross? You were perhaps lusting after A3G, who nobody ever actually identified as, you know, real?
You folks are bizarre. Twisted, and bizarre.
As an anonymous blawger, I have a few comments of my own.
Congratulations, A3G, on an excellent prank. David Lat, who is likely a law school colleague of yours, is surely going to do well by this little publicity stunt. Meanwhile, we look forward to the continuing adventures of A3G - when she's not working on a big document review or worrying about partnership at her anonymous BigLaw firm.
I mean, really. There's nothing wrong with us readers wanting to know who's behind the robe, but what's the reality got to do with the fantasy? This is fiction, people, crossed with gossip.
We look forward to a resumption of regular posting on topics of interest to all article III groupies, real and imagined. :)
This does make me wonder about the news item from the Newark correspondent who saw the nominee heading for pizza, though.
Keep up the good work.
Eh N.
Phila.
Posted by: Eh Nonymous | November 14, 2005 at 02:18 PM
Masturbating to A3G to cease immediately. Crying Game-esque vomiting to begin... now. I just threw up a little bit in my mouth.
Posted by: No more spanky | November 14, 2005 at 02:17 PM
I am so sad you're not a girl.
I enjoyed your snarkiness, your prose--so fine!--and your girl eruditeness. You were a heroine/role model.
Sign me, oneheavy-hearted non-lawyer,
P.S. Are you behind H. Miers' blog, too?
Posted by: Eve | November 14, 2005 at 02:16 PM
I for one don't care who David Lat is. A3G is still a fine judicial-stalking diva and I'll keep reading her. Those who look behind the curtain do so at their own peril. Oz is truly a beautiful place...
Posted by: So What? | November 14, 2005 at 02:14 PM
I feel as though I need to take a shower.
Posted by: Roach | November 14, 2005 at 02:03 PM
Well, this certainly makes this blog lose most of its appeal.
Your artful attempt at personality-splitting is really quite feeble, and it does nothing to remedy the dramatic loss associated with "A3G" no longer being mysterious and anonymous. Plus, now that there's a face behind this whole charade, the formerly interesting character has vanished; instead, the author is now revealed to be a snarky, elitist, prestige-hoarding *dude*, none of which is endearing.
What a letdown, and what a massive miscalculation on your part. This blog has clearly jumped the shark.
Posted by: ABC | November 14, 2005 at 01:46 PM
Very disappointing...
Posted by: Drew McLelland | November 14, 2005 at 01:26 PM
That's "babes ipsis loquuntur."
Posted by: Sasha Volokh | November 14, 2005 at 01:20 PM
I'm very confused. So, is the author of this blog Dave Lat or not? Are there others? In un-A3G style, this was a very, very cryptic post.
Posted by: What? | November 14, 2005 at 12:57 PM
Is Mr. Lat single?
Posted by: Article 3 Groupie Groupie | November 14, 2005 at 12:47 PM
1. I hope this wasn't forced and it was your decision
2. Why go public now?
3. Hopefully, DOJ rules don't prohibit stuff like this and the blog can continue. If not, perhaps the case of A3G v Gonzales could be on the docket for OT 2006.
Posted by: anonymous | November 14, 2005 at 12:32 PM