Underneath Their Robes

One First Street: Under Construction

Last Thursday, July 6, the Supreme Court-obsessed Article III Groupie paid another visit to One First Street. A3G's last visit to the Court wasn't that long ago (June 28). But you know A3G -- she can't get enough of this stuff!

The exterior of the SCOTUS building has been transformed. With the Term completed, and the nine Justices scattered to the four winds, the Court's never-ending renovation project has picked up speed. Check out all that scaffolding:

Apparently the Court's marble facade is being inspected to prevent further occurrences of falling marble. (White Vermont marble, in case you're wondering.)

Due to the presence of the scaffolding, the main entrance to the Court is closed. To enter the building, visitors must walk around to the side entrance, on Maryland Avenue. A sign posted by that entrance claims identifies summer 2008 as the scheduled completion date for the renovation:

When the Supreme Court was first completed in 1935, it came in ahead of schedule and under budget -- an amazing feat for a federal government construction project. Of course, the Great Depression may have helped on these fronts; labor was cheap and plentiful.

Will the current SCOTUS modernization project enjoy similar success? A3G has her doubts...

A3G Visits One First Street!

Today your beloved blogress paid a visit to the Supreme Court. Yes, that's right -- Article III Groupie swung by One First Street.

Visiting the Court fills A3G with mixed emotions. On the one hand, it brings up painful memories of how her hopes of joining the Elect were dashed. On the other hand, it's always a thrill to see the justices in the flesh -- and, of course, to hobnob with their clerks.

Some random observations:

1. When the justices enter the courtroom, after the thrilling cry of "oyez, oyez," the height differentials are quite striking. Justice Ginsburg is tiny! You could smuggle her into Disneyworld in your fannypack.

2. Justice Breyer does a nice job of handing down an opinion. His voice is loud and clear, he moves through the reasoning well, and he mentions the key cases. You're reminded that he used to be a professor.

3. Justice Kennedy also acquits himself well in delivering a decision. And his job was much harder -- summarzing the bewildering tangle of opinions and judgments in the Texas redistricting case. (Of course, much of the mess is due to the way that he voted.)

4. Chief Justice Roberts -- what a hunk! He can make even Article 35 of the Vienna Convention sound sexy. A3G wouldn't mind having "Consular Relations" with the Chief!

5. The justices were pretty quiet during the handing down of opinions. There wasn't much of the cross-talk and whispering that one sees between the justices during oral argument.

Yes, Justice Thomas looked like he was dozing off; but his chair was rocking too much for him to be truly asleep. Justice Alito, the new kid on the block, looked alert. He occasionally sipped water out of a silver tumbler. Justice Scalia drank coffee out of a bright green, reflective mug -- the kind that law students get for free from BarBri reps. Every time he took a sip, the mug sent a reflected beam of green light out into the audience. Weird.

Okay, that's all for now. More details about A3G's visit, as well as lots of pictures, are available here. Still more photos are available here.

In Camera: Fantastic Photos of Justice Alito!

Last night, Article III Groupie spent some quality time with the newest member of the Supreme Court, Justice Samuel A. Alito, Jr. The details of the event, as well as more photographs, are available here.

At the risk of sounding immodest, A3G thinks that Justice Alito is familiar with her work. When A3G went up to Justice Alito to introduce herself, Justice Alito asked her how she was enjoying Washington -- which she moved to only a few months ago, around the time that Justice Alito came to town.

In addition, Justice Alito was overheard at dinner talking about how bloggers wrote about his children. Could he perhaps be referring to this UTR post?

This wasn't A3G's only brush with judicial celebrity for the evening. She was chatting amiably with her dinner companions when, lo and behold, their table was joined by royalty: newly confirmed D.C. Circuit Judge Brett Kavanaugh!!!

Article 3 Groupie could barely speak. She did manage to extend a sweaty (but well-manicured) hand towards the judge, introducing herself and offering congratulations on his recent confirmation. But A3G didn't have much more interaction with Judge Kavanaugh. Some people just freeze up in the presence of celebrity!

At the end of the meal, A3G asked Judge Kavanaugh if he would pose for a photograph. To her great dismay, the modest and unassuming jurist demurred. Maybe next time...

But A3G was able to photograph Justice Alito, as well as other UTR celebs -- such as Sasha Volokh, the former O'Connor and current Alito clerk, who will be teaching at Georgetown Law School in the fall. You can check the pictures out here. Enjoy!

Justice Alito: Even More Style-Impaired Than We Originally Thought

Yes, that's right; Justice Samuel Alito is getting a makeover from Justice Ruth Bader Ginsburg. Heaven help us!

The Washington Post column by Dana Milbank that accompanies the photo offers a very interesting look at Justice Alito's first day on the Court. Here are some highlights:

"In his first day on the bench, Alito laughed obligingly at Justice Antonin Scalia's joke about river discharge. He stroked his chin thoughtfully and rocked in his chair, just as the more senior justices do. The eight questions he asked -- on the finer points of the Clean Water Act and the Federal Energy Regulatory Commission -- put him on course to surpass within days the total number of questions Justice Clarence Thomas has asked in 15 years."

"The new student had some awkward moments as he adjusted to his surroundings. He tried to talk at the same time as 85-year-old Justice John Paul Stevens, then quickly backed down. He continued the questioning of a government lawyer after the time for the argument had expired. And, in his haste to depart the chamber, he forgot the rules of seniority and stepped in front of Justice Ruth Bader Ginsburg; the 72-year-old Clinton appointee was uninjured."

A3G aside: The Clean Water Act cases that were argued yesterday can be summed up in a single word: BORING! Don't be fooled by all that sexy-sounding talk from the justices about "discharges."

The best thing about being a Supreme Court clerk: the prestige.

The worst thing about being a Supreme Court clerk: the work!

(Gavel bang: Wonkette.)

Judicial SIGHT-ation: Chief Justice Roberts -- and Carol Channing!

Details of how this frightening photo came to pass are available here. (If you share this reader's objection, however, then don't click through the link. Nobody is forcing you to press that mouse button!)

Update: The Wonkette post cited above now has this correction appended to it: "The original WaPo item, in stating that Channing signed an 'old photo' of herself for Roberts, could be read as suggesting that Chief Justice Roberts had this picture on his person. But a well-placed source advises: 'The Chief Justice does not carry around a picture of Carol Channing. She brought the picture, signed it, and gave it to him.'"

The Alito Children: In Their Own Words

President Bush's wonderful Supreme Court nominee, Judge Samuel A. Alito, Jr., is married to Martha Alito (maiden name: Martha-Ann Bomgardner), a former law librarian and now a homemaker. They have two children: Philip Alito, 19, and Laura Alito, 17.

Based on the Google searches people have been running to reach Underneath Their Robes, it's clear that the public is interested in learning more about Judge Alito's lovely family. Although the Alito offspring "ain't exactly dancing Jack" (gavel bang: Law Dork), Phil Alito and Laura Alito are still attractive and accomplished young people. Let's learn a little more about them, shall we?*

Phil Alito is a second-year transfer student at the University of Virginia. In high school, Phil was a moot court champ (see item #12); he also played tennis and soccer. Phil is pictured at left, and since he's 19, A3G is permitted to say: he's a hottie!

Phil's father, it's worth noting, was also quite handsome in his youth. If he had not gained a little weight and lost a little hair in the intervening years, Judge Samuel Alito might have made UTR's list of male superhotties of the federal judiciary.**

Philip Alito spent his freshman year of college at Colgate University, where he was an editor of The Forum, "a non-partisan publication that seeks to encourage and facilitate the discussion of contemporary legal, political and social issues." Phil clearly has a robust and irreverent sense of humor; check out his editor bio from the Forum (Google Cache is wonderful, isn't it?):

First, God made the heavens and earth. Then came Arby's, followed shortly by Carl Jr. and other inferior brands of fast food. Fast foward. Homer's epics, Texas was created, Davy Crockett, king of the wild frontier, died at the Alamo, King Kong attacked Manhattan, and then, in a completely reactionary move, I was concieved. [A3G: Okay, let's net get into the details about that...]

I was born 9 months and 2 weeks later by a midwife/wolf named Janie Jean, who would prove very influential during my formative years. Shortly after, I became interested in politics and got involved with Gary Condit (not like that). I served as a parking aide to Nancy Pelosi (I won't even start on her) but was fired when Barbara Boxer came onto me. Eventually, I decided that my teeth needed to be cleaned, so I came to Colgate with a band of gypsies (who I have declared war on and will one day destroy). I decided to join "The Forum" to make friends but obviously that hasn't worked out. So, soon I will probably find a cow at a nearby farm and ride my way to glory in either LA or at the Calgary Rodeos.

Hmm... Will Senator Barbara Boxer vote against Judge Alito because his son accused the good senatrix of making unwanted sexual advances? Only time will tell...

(Update: Chris Geidner, over at Law Dork, analyzes some of the Forum op-eds penned by Phil Alito -- including one discussing the importance of Supreme Court appointments.)

Judicial daughter Laura Alito is a 17-year-old student at James Caldwell High School in West Caldwell, New Jersey. She is a rather attractive young woman, as you can see in the photograph at right, and a very successful competitive swimmer. On the internet, you can find her musings on friendship:

Friendship is defined as the relationship between two people based on affection and respect. But how many people actually truly value their friendships? It seems to be a growing theme that most people take their friends for granted and think they will always be there for them. Friendship is one of the most important things that people can learn. They learn how to be kind to others, respect people for who they are, and most importantly to just have someone whom they can trust and establish a bond.... I think everyone should learn to value his friendships a little more because one never knows what tomorrow might bring and maybe all you’ll need is just a friend to lean on.

Very interesting! President Bush, now that you've nominated a solid conservative with fabulous credentials to the Supreme Court, all that Harriet Miers business is forgiven and forgotten. But A3G can't help noticing: If only you had heeded Laura Alito's wise words about not taking your friends for granted, we might have been spared much aggravation -- as well as tasteless references to a distinguished jurist as "sloppy seconds."

* Before you accuse A3G of violating the privacy of the Alito kids, please note that all of the information she obtained about them was from the internet; as such, it's fair game under the "plain view" doctrine. Having information available about you on the internet is the cyber-equivalent of having a sign trumpeting the information on your lawn. You can't claim a Fourth Amendment violation after the police arrest you for growing marijuana in your front yard, can you?

** One might argue that Judge Alex Kozinski, who prevailed in UTR's judicial hottie competition, also carries more pounds and less hair than he did in his youth (when he successfully competed on The Dating Game, in 1968). But Judge Kozinski more than made up for any shortcomings with a very vigorous campaign in the hottie contest!

UTR Discovery Request: What Is Harriet Miers Reading?

Now it's time for a break from UTR's copious SCOTUS speculation. A reader recently sent Article III Groupie a link to the AP photograph at right, along with this email:

a3g, while i'm sure you're busy dealing with real issues like the next supreme court nominee, i'm still trying to follow good ol' harriet (you know, i wouldn't want to upset specter & have him think i was denying harriet's due process). i stumbled across this image & thought you'd be the perfect detective to solve my quandry.

clearly, from the picture, harriet has bought a new book -- 20% off nonetheless (at least we know she's thrifty!) -- to help her cope with her supreme court withdrawal. while i want to think it's a self-help or motivational book, the cover looks a lot like dan brown's "da vinci code." so what's she reading?

Does anyone know the answer to this question? A3G does see a resemblance to the Da Vinci Code, and she wouldn't be surprised to learn that Harriet Miers has picked up that book, given HEM's weakness for books that are "guilty pleasures" (which A3G discussed back in this post).

But A3G doesn't think that the Da Vinci Code is Harriet's purchase -- if you click on the photo and take a closer look, you'll see that the title lettering on Miers's book starts too far down the page. If you think you might know the book that Harriet bought, please post a comment to this post. Thanks!

Harriet Miers: A Hairstyle Retrospective

SCOTUS nominee Harriet Miers has explored the world of coiffure in even greater depth than Senatrix Hillary Rodham Clinton. Unfortunately, the results of her forays have not always been successful.

If Harriet Miers wins confirmation, maybe Supreme Court justices should start wearing powdered wigs...

The Wheels of Justice: The New Chief Parks His Minivan!

Later today, Judge John G. Roberts, Jr., will be confirmed by the United States Senate to serve as the 17th Chief Justice of the United States. But just like an ordinary person, John Roberts eats lunch at Au Bon Pain. And at the end of the day, he still has to park his own minivan -- just like any other suburban dad living in Chevy Chase, Maryland.

Federal judicial celebrities -- they're just like us!

(Update: An extensive discussion of JGR's vehicular preferences is taking place over at the Volokh Conspiracy. For snarky commentary about this pic, go to Gawker.)

(Photo credit: AP Photo/Charles Dharapak. Gavel bangs: Confirm Them; How Appealing.)

Judicial SIGHT-ation: Nino Smears Chocolate All Over His Naked Body!

Thankfully, no; Justice Antonin Scalia did not take a page from the Karen Finley playbook. Nor did he take his gavel, immerse it in urine, take a photograph, and label the result an artwork entitled "Pissed Judge."

Justice Scalia did, however, address the controversial subject of government funding for the arts in remarks yesterday at the Juilliard School, the renowned school for the arts in New York City. Pat Milton of the Associated Press offers this summary of Justice Scalia's speech (gavel bang: Howard Bashman):

The government can decide what artwork is worthwhile without being accused of censorship as long as it is funding that art, Supreme Court Justice Antonin Scalia told an audience Thursday at the Juilliard School.

"The First Amendment has not repealed the ancient rule of life, that he who pays the piper calls the tune," Scalia said.

The justice, who limited his discussion to art issues, said he wasn't suggesting that government stop funding the arts, but that if it does fund artwork, it is entitled to have a say in the content, just like when it runs a school system.

In response to A3G's request for information about this judicial sightation, a UTR reader emailed her the following account (which was so wonderfully detailed and well-written that A3G just "Ctrl+C, Ctrl+V"'d it into the pages of her blog):

I attended the Scalia event earlier today at Juilliard. It was an event on "American Society and the Arts" in honor of Juilliard's centennial. The format was as follows: brief introductory remarks by the Juilliard Prez, a speech by "1776" and "John Adams" author David McCullough, a speech by Scalia on "the law and the arts," and then a conversation between [composer] Stephen Sondheim and singer Renee Fleming moderated by Juilliard's prez.

All four speakers then sat together in a panel, and took a few questions that had been submitted by the audience. Interesting factoid: Scalia and Sondheim both seemed to agree that the political shift to the right in the U.S. hasn't had any appreciable effect on art.

The other panelists cited lack of arts funding in education as a big social problem; Scalia mainly cited the failure of parents to take an interest in their children's education generally as a problem, which Fleming agreed was troublesome.

Scalia was witty as usual, and acknowledged himself that he was somewhat out of place in the lineup. Quoting from memory: "The line-up for this event is like a bizarre I.Q. test. Which doesn't belong: Diva, composer, author...lawyer?" [A3G aside: While she agrees with the basic point that Justice Scalia might have been a little out of place, as PG also observed, A3G would note for the record that AS is not just a lawyer, but also an author and judicial divo extraordinaire.]

[Justice Scalia] spoke about law as a profession "entirely ancillary" to the arts (and to the rest of society as well), which enables the arts through the protection of intellectual property, e.g., through copyright. He also spoke about the importance of free speech to the arts, and how he is "not a strict constructionist" when it comes to defining "speech," which he considers to be any communicative act (e.g., flag burning, an upraised fist, etc). He spoke about government funding of arts, defending the ability of the government to pick and choose what kind of art it will fund under the spending power: "He who pays the piper calls the tune." He came out for the position that pornography/nudity should not necessarily be constitutionally protected or forbidden, but up to local communities to regulate.

As a matter of fact, Scalia didn't sit next to Sondheim (he sat between Fleming and Juilliard's prez during the panel, although I don't believe he requested that arrangement). [A3G previously wondered whether Nino might ask not to sit next to the openly gay Sondheim, citing "cooties avoidance" concerns.]

[Scalia and Sondheim] were only on stage together during the final panel. They did have an interesting back-and-forth on the question of what is art vs. what is entertainment. Sondheim seemed to think art is something that stands the test of time, to which Scalia replied "I'm sorry, Abbott and Costello's 'Who's on First' will last a long time. But it will never be art." Sondheim didn't think it would last a long time. The two then conducted an impromptu poll of the audience to see who under 30 actually knew what "Who's on First" was. Watching Sondheim and Scalia argue about Abbott and Costello... Bizarre!

Afterwards, like any good Article III groupie, I thought I might be able to get a picture with Scalia or at least his autograph, but he was quickly whisked out the back into a waiting car with U.S. government plates. It was still a privilege just to hear him speak.

Spectacular! A3G thanks her correspondent for this awesome sightation of "the Rock Star of One First Street," who earned that UTR moniker for being the most charismatic, colorful, and controversial member of the Court. After all, how many SCOTUS justices can make it into a New York newspaper gossip column (last item)?

(Update: There is a mini-debate going on in comments over at the Volokh Conspiracy concerning Justice Scalia's remarks at Juilliard.)

For those of you who haven't gotten enough of Justice Scalia, check out these fun pictures of the Justice, on a recent visit to Chapman University School of Law. Look at how Nino pals about with his adoring fans, and how he vamps and mugs for the camera; he's a natural!

Might Justice Scalia fill the void left by that cokehead, Kate Moss? The exceedingly lucrative Burberry and Chanel contracts are now up for grabs, and they've got to be awfully tempting to Nino -- who probably owns a Burberry scarf or two, and who has publicly complained about the "arbitrary limitation" on "all outside income earned by judges." Stay tuned...