Underneath Their Robes

Bench-Slapped: Scalia v. Alito?

Yes, you read that right. If you thought that Justice Alito was just going to be an acolyte of Justice Scalia -- Sancho Panza to Nino's Don Quijote* -- think again. You can read all about their spat here.

* Perhaps that was a less-than-ideal metaphor; Scalia looks more like Sancho Panza than Alito. Indeed, one devotee of Nino has bestowed upon him the nickname of "Sancho Panza from New Jersey."

Judge Edward R. Becker, R.I.P.

On the afternoon of Friday, May 19, 2006, Judge Edward R. Becker (3d Cir.) passed away. As noted by Howard Bashman, Judge Becker was "a giant of the law and a wonderful man." In the words of Professor Orin Kerr, Judge Becker was "brilliant, fair, tremendously thoughtful, and always scholarly. A real mensch." 

Judge Becker was one of the federal judiciary's most distinguished and most colorful members. He will be deeply missed -- especially by his former law clerks, in whom he inspired tremendous devotion.

The New York Times obituary can be accessed here. Some excerpts:

Edward R. Becker, a former chief judge of the United States Court of Appeals for the Third Circuit and a highly respected jurist admired for his powerful decisions and personal humility, died Friday afternoon at his home in northeast Philadelphia, where he had lived almost all his life. He was 73.

The cause was prostate cancer, said his executive assistant of 25 years, Trish Kowalski...

[Senator Arlen] Specter called Judge Becker the "101st senator" for the power that his rulings had in shaping federal law. His written opinions, which bore no political stamp, often guided the Supreme Court and Congress and shaped new law on issues including the reliability of scientific evidence and the rationale for class-action suits....

He always rode the elevated train from his home in the Frankford section of the city to the courthouse on Market Street. He was known for a lack of grandiosity rarely found in federal court. A former clerk, Marci A. Hamilton, now of the Benjamin N. Cardozo School of Law at Yeshiva University, once observed that "the judge greets his new clerks on their first day with a single rule: 'no deference.' "...

[Judge Becker] had an ability to play almost any song by ear, and he became the unofficial pianist for the Supreme Court at their periodic sing-alongs. "I've never heard anyone call for a tune the judge didn't know," Justice David H. Souter said.

Here are more fun facts and interesting tidbits about Judge Edward Becker:

1. He loved the intellectual challenge of the law -- as one can tell from his long, scholarly, footnote-laden opinions -- and he loved spending time with his clerks. In years past, he would go out for late-night Chinese food with them, where they would engage in spirited debate about cases and issues.

2. Judge Becker was a famously aggressive, sometimes cantankerous questioner of attorneys at oral argument. He always enjoyed the intellectual sparring of oral argument -- unlike many other judges, who sometimes tire of it after years on the bench -- and he kept lawyers on their toes.

On one occasion, an attorney -- let's call her "Sarah Cantori" -- was propounding a theory of jurisdiction that Judge Becker viewed as insufficiently rigorous. He asked her, eyebrow arched: "Isn't this just the 'Cantori Gestalt Theory' of federal jurisdiction?"

3. Judge Becker could be tough; but he was also compassionate. He had a remarkable memory for personal details about people, perhaps developed during his time in politics.

On one occasion, an attorney whose wife had passed away some time ago appeared for argument before Judge Becker. It was the first time Judge Becker had seen the attorney since his wife's passing, and Judge Becker offered his condolences -- even though over a year had passed since her death.

4. Judge Becker was a feeder judge, and not a passive one. He had personal friendships with several of the justices (e.g., Justice Breyer), and he would get on the horn to promote his clerks to them.

Finally, here are a few additional links (gavel bang: How Appealing):

--the death notice for Judge Becker;

--the Philadelphia Inquirer obituary (noting his nickname, "the King of Footnotes");

--the Philadelphia Daily News obituary (quoting Ann Meredith, a friend of Judge Becker: "He could so easily live in an elitist world. Instead he tromps around in shabby clothes, a ridiculous coat that he has some Yiddish word for and a cabdriver hat.... He answers his own phone a lot. He's always accessible.").

Article III Groupie can confirm this last fact. Back when she was applying for clerkships, she called Judge Becker's chambers to ask some minor logistical question about submitting her materials. You can imagine her surprise -- and terror! -- when Judge Becker answered the chambers phone.

A3G could barely speak, and she can't remember much about the conversation. All she can recall is that Judge Becker emphasized strict adherence to the hiring timetable in effect at the time (even if other judges were less meticulous).

Let's close with the distinctive words of judicial hottie Marjorie O. Rendell, one of Judge Becker's longtime colleagues: "He probably just rode the El to heaven."

Justice Ginsburg's Clerks, Getting Their Curry On

Here's a recent sighting of Justice Ruth Bader Ginsburg's clerks. They were spotted last Thursday night, April 20th, while waiting for Indian food last night at the White Tiger on Capitol Hill.

UTR's tipster reports:

I discerned [their status as RBG clerks] through a conversation they were having with a young beau, who apparently works at DOJ, though not as an attorney -- perhaps an economist.  When one of the clerks' cell phones rang, he asked if "the Justice" was calling.  I found this mildly amusing.

Evidently one of the clerks is heading to New York tomorrow [Friday].

The talk was about a dissenting opinion they were working on for Ginsburg.  There was some debate about legislative history.

Legislative history -- eeww! Please let Article III Groupie sip at your mango lassi, to wash out that foul taste in her mouth.

Members of the Elect, exercise discretion in your public conversations. A3G's spies are everywhere!!!

Back to the Future: OT 2007 Hiring

Article III Groupie previously reported on Justice Clarence Thomas getting a head start on his law clerk hiring for October Term 2007.* And CT's not the only one who has started picking his clerkly cherry blossoms here in the nation's capital.

Earlier this week, C.J. Mahoney -- current editor-in-chief of the Yale Law Journal, and future clerk to the super-hot Judge Alex Kozinski -- was hired by Justice Anthony M. Kennedy for the 2007-2008 Term. This should come as no surprise. Kozinski clerks who serve as EICs of the YLJ are on an express train to the Kennedy chambers. See, e.g., Bill Burck, the AK/AMK clerk turned White House superstar.

In addition, rumor has it that Justice Stephen G. Breyer has hired two clerks, both white males, for OT 2007. If you can confirm or deny, or supply A3G with their names, please drop her a line.

* A3G isn't the only one who is a little confused about CT's hiring for OT 2006; Amber Taylor's comprehensive list of OT 2006 clerks also reflects a lack of clarity. Justice Thomas seems to be shuffling clerks around between the two Terms. If you can explain what the heck is going on to A3G, please email her.

Is That a Gavel Under Your Robe, Justice Alito?

Or are you just happy to see Anna Nicole Smith?

Yes, fellow judicial and celebrity groupies, today is the day that we've all been waiting for. This morning, Anna Nicole Smith is before the United States Supreme Court. She's gracing One First Street with her presence to attend oral arguments in Marshall v. Marshall, No. 04-1544 -- her long-running battle, as a grieving widow, for a fair share of her late husband's estate.

Based on this photo of her arrival at the Court, the previously lardy Smith is looking glamorous and svelte. Three cheers for TrimSpa!

Please email eyewitness accounts of the proceedings to Article III Groupie. She will file a more detailed report after the arguments conclude. Thanks!

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.)

Because It's Never Too Late To Join the Elect

Tomorrow's New York Times contains this interesting article, by Adam Liptak, about Justice Samuel A. Alito's hiring of 37-year-old Adam G. Ciongoli as one of his law clerks (previously blogged about here by Article III Groupie).

While we're on the subject of NYT coverage of the Elect, check out this amusing correction. A3G hates to quibble, but the correction may need correction: the "e" in "the Elect" should be capitalized. These legal geniuses didn't bust their asses in law school, suck up to all of their professors, and toil tirelessly for their feeder judges, only to be insulted with lowercase letters!

A3G would have more to say about Liptak's article, but she's on her way out the door, to a birthday party -- where she intends to consume copious amounts of alcohol (it's been a long week). If she's not too hungover tomorrow, perhaps she'll blog a little more then.

Closing the Loop on Justice Stevens

Many of you have complained about the frequency with which Article III Groupie links to her politically-oriented sister, Wonkette. A3G understands and appreciates your concerns.  After this post, you will see a sharp drop-off in such links.

For the record, however, and only for those of you who are interested, here are the results -- the finalists, and the winning entry -- for "So What's Really Bothering Justice Stevens" (the Wonkette reader contest that A3G previously brought to your attention).

A Law Clerk Hiring Update: Alito's Experienced Hands, Breyer's Hires, and More

This is already old news; many other outlets got to the story before Article III Groupie. But for the record, and in the interest of completeness, A3G has some law clerk hiring news to share with you.

Justice Samuel A. Alito, Jr., has hired the following people -- all of whom previously clerked for him on the Third Circuit -- to serve as clerks for him on the Supreme Court:

-- Adam G. Ciongoli, currently a senior VP at Time Warner Inc., who previously served as a close advisor to former Attorney General John Ashcroft;

-- Hannah Smith, who previously clerked on the Court for Justice Thomas; and

-- Jay Jorgensen, who previously clerked on the Court for then-Chief Justice Rehnquist.

Adam, Hannah and Jay will join former O'Connor clerks Sasha Volokh and Ben Horwich, also recently hired by Justice Alito (as previously reported in these pages).

Yes, that's five -- one more than Alito's allotment of four clerks as an Associate Justice. What's going to happen is that Smith will serve until May, when she will be replaced by Jorgensen.

To read more about Justice Alito's latest hires, check out this article, by Charles Lane of the Washington Post, and this article, by Robert Schmidt for Bloomberg News.

In addition, Amber Taylor has profiles up for Justice Stephen G. Breyer's four clerks for October Term 2006: Steve Shackleford, Thiru Vignarajah (say that ten times fast), Tacy Flint, and Jaren Casazza. The profiles are available here. And Amber has also posted a bio of Felicia H. Ellsworth, who will be clerking for Chief Justice John Roberts in OT 2006.

Finally, here's a detailed profile of current Roberts clerk Kosta Stojilkovic. (What's the latest trend in Supreme Court clerk hiring? Hire clerks with unusual or hard-to-pronounce names!)

Justice Stevens: He's Upset About Something!

There is ample reason to question the rumor that Justice John Paul Stevens might be stepping down from the Supreme Court come June. After all, we've been hearing such a rumor for years, and it never comes to pass.

But we do know that something was bugging JPS recently. He was agitated enough about something to exclaim, "I can't put up with this shit anymore!"

Do you have a guess as to what it might have been? If so, then submit an entry to this Wonkette reader contest.