Underneath Their Robes

Courthouse Forum: Gregg Easterbrook!

After issuing Where Is the Love... for Judge Frank Easterbrook?, Article III Groupie received lots of great emails in response. The most exciting of the bunch: celebrity correspondence from judicial sibling Gregg Easterbrook, which A3G will now publish here in Courthouse Forum!!! (As you may recall, Courthouse Forum -- named after Penthouse Forum -- is where A3G publishes the most sizzling and scrumptious letters from her readers, in unredacted form.)

As noted in A3G's post about Judge Easterbrook, Gregg writes the Tuesday Morning Quarterback column for NFL.com. As noted in the bio on his website, Mr. Easterbrook is also "the author of several books, a senior editor of The New Republic, a contributing editor of The Atlantic Monthly, a contributing editor of The Washington Monthly, and a visiting fellow at the Brookings Institution." WOW!

And now, on to Gregg Easterbrook's message. Before reading it, please note the following disclaimer from Mr. Easterbrook: "Frank has nothing to do with my touting him. When I tout him, he never even knows about it until it's too late to stop me."

Okay, here's the email:

Dear AIIIG,

Many thanks for the kind words about my brother and for calling me "cool." If only my wife thought that!

Frank did receive serious White House consideration during the late Reagan presidency, but was thought too young then. Reagan, bless him, understood that intellectual firepower is important to governing. Not all presidents get this point, and the result is often short legacies. This year he's been cited by the Wall Street Journal, Baltimore Sun, Slate and elsewhere as a deserving Supreme Court candidate.

Here are more arguments for Frank:

1). He is a first generation American, our parents being naturalized Canadians. Okay, Canadio-Americans are not an important demographic. But first-generation Americans really, really love America, which is a good quality in a justice.

2.) He has genuine bipartisan credentials, having been a deputy S.G. under both Gerald Ford and Jimmy Carter. Genuine bipartisan credentials are in this day and age nothing to be sneezed at.

3). He was confirmed to the appeals court unanimously by the Senate.

4). His record of arguing and winning cases before the Supreme Court is about the same as John Roberts's.

5). His record of having opinions upheld (or dissents sided with) at the Supreme Court level is among the best on the federal bench.

6). He is one of the few legal scholars in the world able to install, unassisted, a wireless home LAN system, which he did for my kids last Christmas.

7). He's sentimental. Every year on Christmas Eve he watches the 1951 black and white Alastair Sim movie of "A Christmas Carol." (This is the best "Christmas Carol" ever, we watched it annually on Canadian television growing up as boys.)

8). He decided the Indianapolis First Amendment case [Hudnut] strictly on the Constitution, knowing his decision would make powerful people mad. (Ed Meese, others.) We want justices who worry more about the opinion of the Framers than the opinions of those in power in the present.

9). He's tough on crime and Chicago School on economics, but a progressive on women's rights (his Johnson Controls decision), minority rights and environmental protection. Tough on crime, free-market on economics and progressive on women's rights, minority rights and environmental protection pretty much describes the contemporary American political center.

10). He likes DisneyWorld and LegoLand. Took my kids, when little, both places.

Best,

Gregg

PS: needless to say Frank has nothing to do with anything I say about him.

PPS: There is a third cool Easterbrook brother, Neil Easterbrook, assistant professor of English at TCU and the handsome one in the family.

Absolutely awesome!!! A3G just loved this message, especially the tidbits about how Judge Easterbrook was considered for the Supreme Court in the late Reagan administration, but was viewed as too young. This led A3G to think that SCOTUS nominees are sort of like sexual partners: "Yes, we want them young -- but not TOO young!"*

In terms of the "top 10" list of reasons to put Judge Easterbrook on the Supreme Court, A3G especially enjoyed items (6), (7), and (10). Can you imagine spotting a leading circuit court judge at DisneyWorld? Talk about a judicial sightation!

* For example, take Judge Easterbrook's colleague, Judge Diane Sykes. At 48 years old, she was probably a little too young and unseasoned to be considered as a replacement for Justice O'Connor. If judicial hottie Sykes were a few years older -- or maybe Latina -- we might have been spared the prospect of Associate Justice Harriet Miers...

Courthouse Forum: A Celebrity Appraisal of Harriet Miers!

In a very interesting essay for the New York Times Book Review, Judge Richard Posner observed that bloggers "are parasitical on the conventional media. They copy the news and opinion generated by the conventional media, often at considerable expense, without picking up any of the tab."

Although many bloggers took issue with Judge Posner's position, Article III Groupie definitely sees his point. A3G admits that she is frequently a news media "parasite," offering her own colorful commentary on matters previously reported by Big Media.

But every now and then, A3G does her own original reporting for this blog, disseminating information obtained from her own group of sources. And today's UTR mailbag contains some delicious proprietary information: an email from a source that A3G will describe only as a prominent trial lawyer who actually knows Harriet E. Miers. Here it is:

There is an old Gene Autry song that has the line "I've got a love knot in my lariat, and it reminds me of my Harriet." Ah, well.

I have known Harriet Miers for some twenty years -- not well, but in the context of litigation and ABA work. I think there is not enough evidence that she is qualified for a seat on the Court. For me, the scariest part of this scenario is the chorus of support led by Nathan Hecht, who is a self-aggrandizing smug ideologue of the right. And what a guy! You can almost see him smirking as he somehow lets it be known that he dates (has dated) both Priscilla Owen and Harriet Miers.

A3G agrees with her source that a compelling case for Justice Harriet Miers has not yet been made. A3G also would note that, within this blog's readership of "law nerds," having dated both SCOTUS nominee Harriet Miers and the Lone Star Diva may be something to crow about; but outside the circles of legal dork-dom, it is a far more dubious accomplishment. (No one would confuse Justice Hecht with, say, Ben Affleck, who dated Gwyneth Paltrow and Jennifer Lopez en route to marrying Jennifer Garner.)

Sorry for the interruption; back to A3G's correspondent:

It is also scary that there are those lawsuits about the Lottery Commission and GTech during Miers' tenure, both suits involving some difficult allegations about influence and money and such. Somebody needs to put some subpoenas on the sealed court records. [A3G aside: Now there's an idea for those disgruntled Republican staffers to follow up on...]

All that said, Harriet Miers is a first-rate litigator who knows how to run a law firm and a complex lawsuit. She is smart and articulate. Why did she veer out of "law" and into the orbit where she now revolves? While in ABA leadership, she does not appear to have been out front on any issue except multi-jurisdictional practice, but she served in many positions that brought her into contact with the front line issues that the ABA discusses, including counsel for poor people, fairness in death penalty representation, federal habeas corpus and so on. I think she needs to tell folks more about that time, and we should hear from some of the great lawyers who were active in the ABA with her.

These are all fair points about Harriet Miers. Because her nomination is coming after that of John G. Roberts, an undisputed legal genius, Harriet Miers is suffering by comparison. In light of all the controversy and complaining about her credentials, one would expect Harriet Miers to be a total moron. It's easy to lose sight of the fact that, even if she's no John Roberts, Harriet Miers is a very intelligent and accomplished litigatrix.

Finally, a closing observation from UTR's correspondent:

Has anybody noticed that [Harriet Miers's] profile is somewhat like that of Edith Jones, except that EJ's crony was Jim Baker?

Very interesting -- especially the comparison to the Horsewoman of the Right-Wing Apocalypse (who was, as noted here, a former law partner of James Baker, Secretary of State during Bush I).

Of course, Judge Jones does have a better academic pedigree than Harriet Miers, as well as the benefit of many years of service on the Fifth Circuit. A3G is reminded of the valid point made by Randy Barnett in his Wall Street Journal op-ed:

Ms. Miers would be well qualified for a seat on a court of appeals, where she could develop a grasp of all these important issues [of constitutional law]. She would then have to decide what role text and original meaning should play in constitutional interpretation in the context of close cases and very difficult decisions. The Supreme Court is no place to confront these issues for the very first time.

So, in the end, A3G agrees with her source's assessment of Harriet Miers: Although she may be "smart," "articulate," and "a first-rate litigator," at the current time "there is not enough evidence that she is qualified for a seat on the Court." And let's not forget: Harriet Miers once broke up with a man she was engaged to marry in a Denny's Restaurant!*

A3G thanks her source for this insightful and informative report, for which she is extremely grateful. To the rest of her readers: if you have any first-hand experience with Harriet Miers, no matter how minor, please email A3G right away!

* Just to be clear, the Harriet Miers-Jim Martin break-up took place at Denny's; Denny's was not the designated venue for their canceled wedding. The only thing worse than ending an engagement in a Denny's would be getting married in one.

Judicial SIGHT-ation: Judge Richard Posner, Mortal Kombattant!

Now it's time for a much-needed break from this blog's non-stop coverage of Harriet Miers. (For the latest news about our SCOTUS nominee and her romantic misadventures, be sure to check out Wonkette's special report: "Harriet and Nathan and Priscilla and Us.")

Not too long ago, a UTR reader emailed Article III Groupie with this sensational celebrity sighting:

I was at a debate tonight (September 20) between Judge Richard A. Posner and Professor (and ex-Dean) Geoffrey R. Stone, of the University of Chicago Law School [whose faculty now has a blog, by the way]. The Posner-Stone debate was held at the New York Public Library and concerned the Patriot Act.*

I had no idea Judge Posner has such a great sense of humor! Just thought I would fill you in on some of the things that Judge Posner had to say:

1. Debate over extreme positions has taken over in America. He views the Ten Commandments case as an insignificant case, as the majority of the country just doesn't care whether there are Commandments in public places and "no one is going around worrying about graven images anymore."

2. The ACLU has become a partisan interest group like any other that takes up insignificant issues and can be ignored because of their predictability, unless they come across some monumental conflict like one which "pits picketing against abortion" (his crack, not mine).

3. In deciding a case about the consitutionality of an Indianapolis statute banning children under the age of 18 from being in an arcade with violent games, he had to research video games, since apparently he had never played one. He said he liked Mortal Kombat!

Mortal Kombat!?!? That little detail definitely got A3G's attention! Could it be true that one of the federal judiciary's leading lights has a weakness for video games?

A digression: if so, that would be two leading lights of the federal judiciary with a weakness for video games. Judge Alex Kozinski's love of video games is well-known. As noted in Emily Bazelon's great profile of him, Judge Kozinski even writes video game reviews for the Wall Street Journal!

In her interview with Will Baude of Crescat Sententia, A3G dodged the question (#15) of who would prevail in a judicial celebrity death-match between Judge Posner and Judge Kozinski. Maybe the best way to answer that query would be to pit the two jurists against each other in a Mortal Kombat tournament!

(Update: Check out the comment by Ted Frank to learn about another super-prestigious judge who enjoys video games. Here's a hint: A3G previously volunteered to be this judge's "honey pot.")

Okay, back to Judge Posner. Because A3G has been burned in the past by passing along erroneous information about Posnerian sight-ations, she decided to do something that "real journalists" are known for: fact-checking. She sent the following email to Judge Posner himself:

Dear Judge Posner:

Greetings. How are you?  I hope all is well; it has been a while since our last communication.

I was just writing with a bit of fact-checking.  Recently I received the email printed below from a loyal UTR reader, concerning a debate you recently had with Professor Geoffrey Stone. Before I reprinted it in blog, in whole or in part, I wanted to confirm its accuracy with you; I would not want to misquote you again....

Is there anything in the email below (reprinted after the asterisks) that is incorrect (or that, even if correct, you would not want to appear in UTR)?  In particular, is it true that you have played Mortal Kombat?  And if so, who is your favorite character or player (a.k.a. "kombat-tant") to employ, and do you have a favorite "special move" or "fatality"?

I completely understand if you don't have the time to take a look at this.  But if you do, I would be most grateful for your confirmation of the accuracy or inaccuracy of this message.  I do try to be as accurate as possible in my blog!

Sincerely,

A3G

And she received the following, fabulous response from Judge Posner:

Dear Ms. Groupie, the email is completely accurate and I have no objection to your publishing it. However, to correct a minor point in your email (not in the email from your reader), I have not actually played Mortal Kombat, much as I would like to. I just saw a tape of it being played, which was part of the record of the Indianapolis case.

I liked the female character [Sonya]. Someday I would like to write something about the "killer woman" as a phase of feminism: I have in mind Trinity (Carrie-Anne Moss) in The Matrix, Sharon Stone in Total Recall, and the female robot [played by Kristanna Loken] in the third Terminator. I am sure there are others. All the best. Richard Posner

WOW! How cool is that? For those of you who enjoy reading UTR, you had better hope Judge Posner never writes that article -- because once he does, and A3G reads it, its sheer fabulousity will give her a fatal heart attack!**

In fact, even the idea of Judge Posner playing Mortal Kombat -- which, as he mentioned in his email, he is eager to do -- gives Article 3 Groupie heart palpitations. In her mind's eye, she sees the following scene:

Judge Richard Posner and his grandson, Nathaniel, are sitting on an Oriental rug on the floor of the Posners' Hyde Park home. The two are playing Mortal Kombat with unbelievable intensity and zeal, oblivious to everything but the television screen in front of them. Judicial spouse Charlene Posner stands behind the pair, her arms folded, looking on with good-natured exasperation.

The doorbell rings. Transfixed by their video game, Judge Posner and Nathaniel don't even notice; Charlene goes to answer the door.

Charlene Posner opens the door just a crack, to see who's there. But as soon as she does so -- WHAM! -- the door flies open, and Charlene falls backwards onto the floor. She is powerless to stop the whirlwind that has just blown into the Posnerian living room: that irresistible force of nature, Senatrix Hillary Rodham Clinton!!!

Clad in her trademark black pantsuit, and showing no respect whatsoever for the separation of powers, the Article I diva strides across the room and plants herself squarely in front of the Article III deity. Senator Clinton is now blocking Judge Posner's view of the screen.

Judge Posner is not fazed by the presence in his home of America's most famous legislatrix. He is, however, annoyed that she is disrupting his video game.

"Excuse me, Senator Clinton, but would you please step away from the television," he says dryly. "You are blocking our view. My grandson and I are in the middle of a game of Mortal Kombat."

"And that, Judge Posner, is exactly the problem!" exclaims the good Senatrix. "Here's a copy of my press release, announcing my proposed legislation to institute a video game ratings system. Violent video games are stealing the innocence of our children. How can you allow your grandson to play Mortal Kombat? Have you no sense of decency?"

And with that, Senator Hillary Clinton reaches down, wrenches the video game controls away from Judge Posner and Nathaniel, and heads for the door. The stunned Judge Posner does not move; little Nathaniel starts to cry.

When Senator Clinton reaches the threshold of the Posners' front door, she pauses briefly to address Charlene Posner, who is still on the ground, in a daze.

"Take it from me, Charlene," says Senator Clinton. "You can't let your husband play too much with his joystick . A wife must learn how to control her husband's self-destructive behavior. If a wife can't control her husband, nobody can!"

And with those parting words, our future president sweeps out of the Posnerian residence, towards her black limousine idling at the curb...

* If you missed the live Posner v. Stone debate, you can catch the virtual one going on at Legal Affairs. Dan Markel of PrawfsBlawg highlights one especially "tasty" exchange, in this post (which also contains some tidbits about Judge Posner's upbringing that may be new to some of you, although not to readers of this brilliant profile).

** Okay, maybe "fabulosity" is not a real word -- but come on, you know what A3G means!

Courthouse Forum: Harriet E. Miers!!!

Over two months have passed since Article III Groupie last reprinted any sizzling celebrity correspondence in the section of her blog known as Courthouse Forum: Letters to Article III Groupie. The last letter she published was from Judge Alex Kozinski, whom A3G asked for his view on the nomination of Judge John G. Roberts to the Supreme Court.

Well, A3G has got some fun stuff for you today: correspondence with Supreme Court nominee Harriet Miers!

A3G began the epistolary exchange by sending the following message to Harriet Miers (whose email address A3G obtained from The Harriet Miers Blog):

Dear White House Counsel Miers:

Wow, I can't believe I'm actually writing to a potential Supreme Court justice!  This is the coolest thing ever.

Anyway, I was just writing to see if you might be willing to link to my blog, "Underneath Their Robes: News, gossip, and colorful commentary about the federal judiciary."

Okay, yes, I haven't exactly been your most enthusiastic supporter.  I have, for example, said you never should have accepted the nomination in the first place. I have disparaged your taste in Supreme Court justices and in hairstyles. And I guess I kinda sorta called you a bitch.

But I think I more than made it up to you, when I defended your non-virginity! Plus, I said that you used to be a hottie, comparing you to Cybill Shepherd.

So, any consideration would be greatly appreciated!

Yours truly,

Article III Groupie

Harriet Miers responded as follows:

A3G,

Thanks for your email!!! Yes I know about your site...I know how to laugh about myself and thank goodness!!

How about this, I link to you if you link to me. I have to set up my Blog Role. You'll be the first link.

But thats not all. I noticed on your site that every time you mention me, you link to you're own page about my hairstyles (talk about Memory Lane!!). I think you should link to my blog instead. Or a compromise, "Harriet" to hairstyles (pun), "Miers" to my blog. Deal?

I know I drive a hard bargain but thats why I was nominated for the SUPREME COURT!!!

Let me know.

HARRIET

XO

As you can imagine, A3G was delighted to receive this message from a Supreme Court nominee. A3G sometimes worries about whether her commentary on Harriet Miers has been too harsh, so she was relieved to hear that the nominee knows how to laugh at herself and is taking UTR in the spirit of good-natured fun in which it's offered.

Yes, A3G noticed the dubious punctuation in Harriet Miers's email, the misspelling of "blog roll," and the use of "you're" in place of "your." And yes, A3G would have expected better from someone who, according to John Tierney, is known for "fussing about the punctuation and the proper margins on memos." But hey: a SCOTUS nominee is a SCOTUS nominee, and it's not every day that you can exchange emails with one!

A3G dispatched the following response:

Dear White House Counsel Miers:

Wow, thank you for writing me!  It's great to hear from you.  I have linked to your blog a few times already, but I will gladly do so again in the future.  So keep an eye out for my links!

I will gladly add you to my blog roll, if you will add me to yours.  And I can accept your proposal to link to your blog for the "Miers" in "Harriet Miers," at least for the time being.  (At a later date, however -- perhaps if you get confirmed -- I may switch over future links to your official FJC bio.)

Finally, would you mind if I reprinted portions of our correspondence in my blog?  I think people might enjoy reading our communications.

Thanks again, and welcome to my blogroll!

Best,

A3G

A3G received this reply:

Great!! Sure you can reprint, I bet its all coming out anyway in the hearings!!! I just hope they don't subpoena my diary, I'd turn bright red...

OK, will add you to my blogroll soon.

HARRIET
"ENTIRE CONSTITUTION groupie" LOLOL

XOX

And that, dear readers, is A3G's story of how she got to correspond with a possible future justice of the United States Supreme Court.

UTR Exclusive: Kozinski on Roberts!

One of the great pleasures of awards shows like the Oscars and the Golden Globes is the sheer agglomeration of starpower that they involve. One gets to see fabulous celebrities mixing and mingling, on the red carpet or at the various after-parties, and one can't help wondering: "What could these magnificent superstars be saying to each other? What do they really think of each other?" For example: "What's Julia Roberts's opinion of Nicole Kidman? What could Jude Law be whispering in the ear of Fran Drescher -- other than 'I've always had a weakness for The Nanny!'"

Similarly, when it comes to federal judicial celebrities, one can't help wondering: "What do his fellow federal judges think of Judge John G. Roberts, Jr.? What are their views on his nomination to the Supreme Court?"

This is why Article III Groupie recently asked Judge Richard Posner for his views on Judge Roberts's nomination. (Judge Posner declined to comment.) A3G also solicited reaction to the nomination from Ninth Circuit Judge Alex Kozinski (pictured at right), who vanquished Judge Roberts last year in UTR's Superhotties of the Federal Judiciary contest. Judge Kozinski has previously described Judge Roberts as "young and extremely handsome."

Although Judge Kozinski did not offer substantive comment on the Roberts nomination, he did have a few brief observations about Judge Roberts as a person:

From: The Easy Rider
To: Article III Groupie
Date: Jul 26, 2005 1:32 PM
Subject: Judge Roberts

A3G:  Sorry, but I don't know Judge Roberts all that well. He's always struck me as a very pleasant, straight-up guy, but I haven't spent that much time with him, so it's hard to say anything more than that.

You may recall that he and I judged moot court at Yale last spring.  He certainly seemed very sharp in his questions and had a very pleasant demeanor on the bench, but perhaps if you contacted some of the students who appeared before us
you'd get a better perspective.

All the best.

Ciao. AK

Most excellent! A3G thanks AK for his comments on Judge Roberts.

A3G is still soliciting tidbits from her readers concerning Judge John Roberts. In response to her question (see item 4) about Judge Roberts's 2003 income of $1 million from Hogan & Hartson, as reported in his financial disclosure form, she recently received this helpful info from a reader:

The $1 million figure for Roberts includes the partnership reimbursement. The previous two years, Roberts made between $700,000 and $750,000 each year. Hogan isn't a very-well leveraged firm (which was why Roberts had the opportunity to build a practice there from scratch at the age of 36). In contrast, Roberts' old mentor, Ken Starr, was making $2 million a year at Kirkland & Ellis at his peak before he took the independent counsel job.

Very interesting! A3G is grateful to the reader who shared the inside scoop with her.

For the most part, however, A3G's normally helpful readership has declined to step up to the plate with respect to SCOTUS nominee Roberts. True, Judge Roberts has been nominated to serve as the 109th justice of the United States Supreme Court -- but don't let that intimidate you! If you have any juicy morsels at all about him, such as judicial sight-ations of him at the Chevy Chase dry cleaners or the local supermarket, please email A3G.

The mainstream news media has gotten tons of great dish about Judge Roberts as a person. They've dredged up childhood letters of his, and they've even reported on his technique as a squash player.* A3G is starting to feel like she has nothing to add to the discussion. Please help her out!

* Concerning Judge Roberts as a squash player, high-powered appellate attorney Larry Robbins -- a Robertsian pal since their days on the Harvard Law Review -- had the following to say to the Washington Post: "You know, he's an ambidextrous squash player. He favors his right, but he can use his left when the situation calls for it."

Judge Roberts "favors his right," but "can use his left" when appropriate? Might his squash-playing offer hints about the jurisprudence of a future Justice Roberts?

UTR Exclusive: Posner on Roberts!

Oops, sorry -- the title of this post is totally misleading! But it sure got your attention, didn't it?

In her defense, Article III Groupie did attempt to get Judge Richard A. Posner (7th Cir.; pictured at left) to comment on the nomination of Judge John G. Roberts, Jr. (D.C. Cir.), to the United States Supreme Court. A3G thought that Judge Posner, as a prolific blogger who has not shied away from commenting on a wide range of hot-button topics, might be willing to share a few words on the topic du jour.

But as you can see from the correspondence reprinted below, The Giant Hedgehog declined to comment on Judge Roberts's nomination. Judge Posner did have some funny and interesting comments on other subjects, however, which A3G will now share with you in Courthouse Forum -- UTR's answer to Penthouse Forum, in which A3G reprints her correspondence with some of the biggest Article III celebrities.

From: Article III Groupie
To: Richard Posner
Date: Jul 22, 2005 12:21 AM
Subject: Judge Roberts's Nomination

Hello. How are you?  I hope all is well.  I continue to enjoy your blogging at the Becker-Posner Blog, including your insightful analysis of the gay marriage question and your masterful deployment of the semicolon.

I was writing to find out: Would you happen to have any thoughts that I might be able to share with my readers concerning the nomination of Judge John Roberts to the Supreme Court?  I'm sure my readers would love to hear anything that you might have to say about the subject (even if it might just be a sentence or two).

On an unrelated subject, if you don't mind my asking, how much do you sleep each night?  Is the secret to your success and unmatched productivity an ability to get by on less sleep than normal human beings?

It seems to me that your brilliance, while unparalleled, can only take you so far.  What I mean by this is: How do you have enough hours in the day to convert your brilliant thoughts into judicial opinions, scholarly articles, books, and blog posts?  At a certain point, the issue becomes how to translate your amazing insights into consumable product, just as a sheerly physical matter.  Even if you were to type and/or give dictation, basically non-stop, for every waking moment of your existence, I don't see how you can produce as much as you do!

Best regards,

A3G

Article III Groupie received this delightful response:

From: Richard Posner
To: Article III Groupie
Date: Jul 22, 2005 1:01 AM
Subject: Re: Judge Roberts's Nomination

Dear Ms. Groupie,

I am afraid that, as a judge, it would not be proper for me to comment publicly on a judicial nomination.

I sleep an average of 6 hours a night. I am a fast worker, and I have relatively few distractions from work (my kids are grown, etc., and my wife handles all the practical aspects of living, including financial). So I can get a lot done.

And you, Ms. Groupie, I hear on good authority, are actually a collective, with at least one male member (no off-color pun intended). Deny it if you dare.

I am perhaps compulsive, but not a collective.

All the best, Richard A. Posner

P.S. Your blog continues to be excellent.

WOW! Some of you have asked A3G why she blogs (and why she spends such copious amounts of time on her blawg). The opportunity to correspond with her readers -- a large, diverse, and amazingly talented group, which includes such unspeakably brilliant folks as Judge Posner -- is a big part of the answer. And praise from her readers, including readers as august as Judge Posner, is also a major factor.

As for Judge Posner's ruminations on her identity, including his theory that she is actually multiple people, A3G must reiterate her prior comments on this subject. Could this be one of those rare occasions when Judge Posner, a judicial genius of the first rank, is actually wrong?

This isn't the first time A3G has been told that she is large, she contains multitudes.* She doesn't know whether to be flattered or offended! She's actually a little surprised, since she always thought of herself as sui generis, with a distinctive but consistent authorial voice that would rule out the involvement of multiple contributors.

Article 3 Groupie has heard some pretty crazy theories as to who she is; all she can do is reaffirm the accuracy of her author bio, her standard response to such speculation. It appears that people are attributing to her greater guile than she actually exercised in describing herself. Back when A3G started this blog and composed her blogger profile, she had no idea that Underneath Their Robes was going to become as big as it has become (as evidenced by her growing collection of press clippings, in the left-hand column of her blog). So A3G thought it would be safe to describe herself accurately, but at a high level of generality (namely, as an associate working at a "large law firm in a major city"). Ironically, this description of herself has protected A3G far better than she ever could have imagined, since it appears that nobody believes it!

Okay, back to the real stars of this blog: the federal judges that we all know and love. A3G got some great reader email over the weekend (which she's way behind in responding to), and some of this mail will be used in posts that should be appearing "soon" (subject to the demands of her day job). So don't change that blogosphere channel!

* For the record, this is simply a reference to Walt Whitman. A3G is most definitely not "large"!

UTR Discovery Request: Even More About the Elect

Since she has no time to write words of her own, Article III Groupie will reprint the words of others. A3G has another UTR discovery request to propround to her readership on behalf of a third party (as she previously did for UTR reader Jeffrey Toobin)*. Here it is:

My name is Todd Peppers, and I am an assistant professor in the Department of Public Affairs at Roanoke College in Salem, Virginia.  I am presently completing a book manuscript on United States Supreme Court law clerks that will be published later this year by Stanford University Press.  The book examines how the hiring and utilization of law clerks has changed over time, from the 1880's to the present.

I have had difficulty finding former law clerks of current Supreme Court justices to talk to about their clerkships. I was hoping that some former law clerks who are fans of this blog might consider my plea for an interview. My questions do not focus on such confidential issues as the justice's views of a specific case/other justices or of a particular point of constitutional law.  Instead, I'm interested in how you were interviewed/hired and what job duties you were given.  I'm also interested in the personal bonds that developed in your chambers between the law clerks and the justices.  Part of my argument is that the close personal bonds that existed between former justices and their clerks -- Hugo Black, Felix Frankfurter, Stanley Reed -- are less likely to be found today, given the greater number of law clerks.

If you are willing to talk with me, either on or off the record, please contact me.  Many thanks.

Excellent! A3G can't wait to read Professor Peppers's book, which sounds like it will be fabulous. If you can help out Professor Peppers -- who is, it should be noted, not asking you to "pull a Vanity Fair" (i.e., to dish in substantive terms about your work on a recent Supreme Court case) -- please email him. Thanks!

* Jeff Toobin has been doing some great work for the New Yorker lately, such as this fascinating piece about Leslie Crocker Snyder -- the magnificent New York litigatrix who is challenging Robert Morgenthau in the race for Manhattan District Attorney.

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...

Courthouse Forum: An Update on Judge Joan H. Lefkow

Today's Courthouse Forum mailbag contains a letter from a wonderful jurist: Judge Robert W. Gettleman (N.D. Ill.),whom A3G had the pleasure and honor of interviewing last November.

First, some background. Back in this post, A3G offered her condolences to Judge Joan Humphrey Lefkow (N.D. Ill.), whose husband and mother were murdered earlier this year. During the period immediately following the murders, suspicion in the murders of Judge Lefkow's husband and mother focused on followers of white supremacist Matthew Hale, who had been convicted of plotting to murder Judge Lefkow. Evidence now suggests that the murders were committed not by followers of Hale but by Bart Ross, an unemployed electrician whose case had been dismissed by Judge Lefkow. Ross, who killed himself in March, left a suicide note confessing to the killings, and his DNA has been linked to the crime scene. (Hale, who was in prison at the time of the murders, was recently sentenced to 40 years in prison for his solicitation to murder Judge Lefkow.)

A3G would now like to share with you an email from Judge Gettleman, a colleague of Judge Lefkow. This email, which A3G reprints with Judge Gettleman's permission, was a response to a message from A3G expressing concern for Judge Lefkow and the other judges in the Northern District of Illinois.

From: Judge Gettleman

To: Article III Groupie

Date: Apr 12, 2005 11:44 AM

Subject: Re: Your message

Dear A3G,

Thanks for the note. I've been keeping up with your blog and always enjoy your wit and insights, even though you continue to fawn a bit much over Kozinski.

It's been a difficult time for us since the tragedy involving my colleague and friend Judge Lefkow. You'd be proud of the strength and grace she's shown in the face of unspeakable evil and loss. The court has rallied around her and her family, of course, but the strength comes from her. I think it's fair to say that things will never be the same around here, or perhaps in the federal judiciary, again. There's an interesting article in the latest edition of New York Magazine about judicial security, featuring my old friend Fred Block of the Eastern District of New York.

Keep up the good work.

Warm regards,

Bob Gettleman

A3G thanks Judge Gettleman for his moving message. And she commends Judge Lefkow for demonstrating such remarkable strength and courage in the wake of truly awful events. The next time you pick up a federal case reporter, reflect for a moment on the wise, brave, hardworking women and men whose service -- and whose sacrifices -- make possible the ordered liberty in which we live.

Courthouse Forum: The Dynamic Duo, Posner and Kozinski!!!

Article III Groupie spends a lot of time, plus $4.95 a month in Typepad fees, on her blog. And, in a certain sense, she has relatively little to show for it.

To be sure, she has accumulated some delightful press clippings -- the most recent being Sarah Kellogg's excellent cover story in the latest issue of the Washington Lawyer. But some days A3G can't help asking herself: "Why do I do it? What does it get me? Scrapbooks full of me in the background. Give 'em love and what does it get ya?"

A3G's blogging, far from advancing her legal career, actually impairs it, by cutting the time she can spend on work. She has not parlayed her blog into a lucrative book deal, nor has she managed to monetize her blog in any other way. But messages like this one are as precious as gold:

From: Richard Posner
To: Article III Groupie
Date: Apr 4, 2005 12:43 AM
Subject: Your latest blog (race to the courthouse)

Dear Ms. Article III Groupie, glad to see you back blogging regularly. Very nice piece on the Justice aspirants. You're a wit. Richard A. Posner

WOW! An email like this one, containing compliments from one of the biggest federal judicial celebrities, can keep A3G going for weeks. After all, Judge Posner is a public intellectual whose richly deserved fame extends well beyond the boundaries of the legal profession. He turns out a great op-ed piece every other week, a brilliant book every other month. The Posnerian mind is so powerful that the brain waves involved in composing this 25-word email message could illuminate a small village for days.

And that's not all, folks. Not too long ago, A3G received some delicious correspondence from the other leading light of the Article III judiciary, Judge Alex Kozinski. She emailed the #1 Superhottie to inform him that she will soon be blogging about his recent C-SPAN appearance, which she absolutely loved. The Easy Rider wrote back:

From: The Easy Rider

To: Article III Groupie

Date: Mar 25, 2005 4:29 AM

Subject: Re: Greetings

Good to hear from you A3G.  Glad you enjoyed the program -- I haven't had a chance to watch it yet myself, but I did enjoy doing it.  I'm not sure whether you saw it on TV on Wed night, or online.  In case you saw it on TV, here is the link for the online version: [click here].

I had a long day, which started out in San Francisco with an 8:30 en banc in a capital case, Landrigan v. Stewart.

You should have been there.  Sitting in the middle of the front row, elbow-to-elbow, were the court's two superhotties -- Judge Wardlaw and I.

I'll look forward to your posting about my C-Span appearance.

Hope all is well with you.

Ciao.  AK

Double WOW!  A3G has corresponded in the past few weeks with the two most famous federal judges in the country (Supreme Court justices excepted).* Her life is now complete. Dear Lord, please take her now -- before she has to take that stupid expert deposition!

* The Supreme Court would be lucky to have either Judge Kozinski or Judge Posner. Unfortunately, these distinguished jurists may turn out to be victims of their own brilliance and genuine judicial integrity. Despite their manifest genius, each is widely viewed as too independent-minded, i.e., not enough of a political hack, to be likely Scotus material. (And even though he's ten times as active and prolific as people who are half his age, Judge Posner turns 66 this year, which makes him an unlikely nominee.)

But it ain't over 'til it's over. The youthful Judge Kozinski (54) remains in the running, even if he may be a long shot. And a wager on The Easy Rider could pay big money if he makes it to One First Street!