Underneath Their Robes

More from Above the Law

The new website that Article III Groupie mentioned yesterday, Above the Law, is up and running. Here are a few posts that readers of UTR might enjoy:

1. Every Unhappy Appellate Court Is Unhappy In Its Own Way (about benchslappery at the Sixth Circuit)

2. The White House Counsel's Office: Here Comes the Cavalry (about various job moves by conservative "young gun" lawyers)

3. Yo Holmes! The Tenth Circuit's Newest Member (about Judge Jerome Holmes, just confirmed to the Tenth Circuit)

4. Another Judge Leaves for Greener Pastures (about Chief Judge Michael Mukasey's retirement from the S.D.N.Y.)

5. Neal Katyal: The Paris Hilton of the Legal Elite? (about Neal Katyal, one of the brightest stars in the SCOTUS clerk firmament)

6. The Upcoming SCOTUS Term: More of the Same (an irreverent preview of October Term 2006 at the Supreme Court)

7. Legal Eagle Wedding Watch (links to multiple posts, collected on one page) (exegesis of the New York Times wedding announcements of high-powered lawyers from the past few weeks)

Okay, now A3G is really signing off for the holiday. Happy Labor Day!

Riding Circuit -- In a Taxicab?

Judge Thomas M. Hardiman (W.D. Pa.) is quite the judicial wunderkind. He was appointed to the federal trial bench before the age of 40. And now, after less than three years of service as a district judge, he may be in line for a promotion:

Thomas M. Hardiman, 41, who became a judge in the Western District of Pennsylvania in October 2003, could fill a vacancy created on the appeals court after Richard L. Nygaard, of Erie, became a senior judge last summer.

His colleagues have nice things to say about him: "an absolute star," who is "intelligent, hard-working and willing to listen." (But this comment, from former Chief Judge Donald Ziegler, sounds a trifle backhanded: Hardiman turned out to be a "very, very pleasant surprise on the District Court.")

Interesting tidbit: Judge Hardiman worked as a taxi driver before attending law school.

"Um, the far corner, please. Yeah, right here is just fine. Can I get twelve back, Your Honor?"

Judge Hardiman considered for federal appeals post [Pittsburgh Post-Gazette]
U.S. judge here eyed for court of appeals [Pittsburgh Tribune-Review]

(Robe swish: How Appealing)

Hands Off Justice Nathan Hecht

Article III Groupie wasn't exactly kind to White House Counsel Harriet Miers during her unsuccessful quest for a Supreme Court seat. A3G poked fun at Miers's constantly changing hairstyles, her qualifications for the post, her knowledge of Supreme Court history, and her taste in books.

But A3G can't condone what's happening to Miers's onetime paramour, Texas Supreme Court Justice Nathan Hecht. The Texas State Commission on Judicial Conduct is criticizing Hecht for the interviews he gave to the news media concerning Miers, on the theory that he violated the canon prohibiting a judge from "advanc[ing] the private interests of the judge or others." More details here.

A3G hasn't taken a close look at this issue, so perhaps she's missing something; but at first glance, this strikes her as dubious. Were the Third Circuit judges who testified before the Senate about Justice Samuel A. Alito acting unethically? What about Judges Walter Stapleton and Alex Kozinski, when they testified in support of their former law clerk, newly confirmed Judge Brett Kavanaugh?

What about a judge who writes a letter of recommendation for a former law clerk, or who agrees to serve as a reference for that clerk? What if a judge recommends a former clerk for a job -- e.g., a Supreme Court clerkship -- in the hope of burnishing his own judicial prestige and influential network of ex-clerks (e.g., the Luttigators)?

Isn't that judge "advanc[ing] the private interests of the judge or others"? And if so -- so what?

Better Late Than Never: Brett Kavanaugh Confirmed to the D.C. Circuit

When Brett Kavanaugh was first nominated to the D.C. Circuit, he wasn't even married. Now he and his wife -- Bush's personal secretary, Ashley Estes -- have a college-age daughter.

(Okay, fine, it hasn't been that long. But Brett and Ashley's daughter, Margaret, is almost nine months old.)

After three long years, Brett Kavanaugh (AMK/OT 1993) -- a former law clerk to Judge Walter K. Stapleton and Judge Alex Kozinski, both of whom testified before the Senate on his behalf -- has been confirmed to the D.C. Circuit. The vote was 57-37. Congratulations, Judge Kavanaugh!

It's a good time of year to be joining the D.C. Circuit. Those judicial mandarins take the summer off -- just like the Supreme Court, a common destination for D.C. Circuit members. So Judge Kavanaugh will have a few months to get his chambers up and running before oral arguments start.

The rumor mill is saying that Kavanaugh may pick up some of the displaced Luttig clerks for next year. Can anyone confirm?

Random Fun Facts About Brett Kavanaugh

Yesterday Brett Kavanaugh's nomination to the all-powerful D.C. Circuit was voted out of the Senate Judiciary Committee, by a 10-8, party-line vote. This followed on the heels of Kavanaugh's recent testimony before the Committee on Wednesday, as part of his second confirmation hearing.

Kavanaugh, of course, is a member of the Elect; he clerked for Judges Walter Stapleton and Alex Kozinski, en route to Justice Kennedy (OT 1993). Via the Washington Post, here are some fun facts about him:

--"Kavanaugh's ties to Bush were strengthened when he played a major role in the legal battle over Florida's fiercely contested 2000 presidential vote. He later joined the White House counsel's office and then became staff secretary, where he oversees all paper that goes into the Oval Office. Two years ago, he married Bush's personal secretary, Ashley Estes.

--"His mother, Martha, was a Montgomery County Circuit Court judge. His father, Edward, also a lawyer, headed the Cosmetic, Toiletry and Fragrance Association for two decades."

A UTR source commented to A3G: "I wasn't surprised to hear that [Kavanaugh's] dad was a lawyer for the cosmetics industry. Did you see how much make-up Kavanaugh's mom wore to his hearing?"

With all due respect to Judge Martha Kavanaugh -- who is surely a superb jurist and an amazing mother -- A3G can't help noting:

Wearing excessive make-up is so state-court-judge...

UTR News and Views: A Few Quick Links

Article III Groupie is back (again), after ignoring this blog and her UTR email account for over a week. By way of explanation, she was out of town for a few days. But now she's back, and ready to get back in the game.

Unfortunately, A3G has a ton to catch up on. So she's going to do her best impression of Glenn Reynolds, a.k.a Instapundit, and take a "brevity is the soul of wit" approach to blogging. She'll to link to a bunch of different and interesting things, but with minimal commentary. Here goes:

• Hilarious and bizarre (scroll down, fourth paragraph). The Capitol File staffer who introduced the two told A3G it was "the most awkward two minutes of my life."
• Justice Samuel Alito has hired one of his former circuit clerks, Mike Lee, to clerk for him at the Supreme Court (October Term 2006). Lee is the son of former Solicitor General Rex Lee.
• Ouch. Well, Vanessa L. Bryant is but an icky state court judge.
• For D.C. Circuit nominee Brett Kavanaugh, one of the Elect (OT 1993/AMK), things are looking much better. Word on the street is that the rehearing will be a kabuki show and that Kavanaugh will be easily confirmed (after the Democrats get the chance to scold him on TV for things he had nothing to do with).
• If you thought A3G's story from last fall about Judge Harry T. Edwards was apocryphal, think again.
• Judge Howard Thomas Markey (Fed. Cir.), R.I.P. One of his former colleagues, Chief Judge Paul R. Michel, noted that Judge Markey could get by on only four hours of sleep a night. (That, by the way, is the secret to career success. Alas, A3G can't do it.)

More to come, as A3G continues to catch up on the world of judicial news and gossip.

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).

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.

Justice Stevens: Will He Retire in June?

Here's A3G's standard reaction to a rumor that Justice John Paul Stevens is going to retire from the Supreme Court: "That and seven dollars will get you a nice pair of pantyhose."

But the latest rumors may have a little more substance to them...

Article III Groupie's Fifteen Minutes

Article III Groupie's alter ego, David Lat, is going to be on tonight's installment of The Charlie Rose Show, where he will discuss the Alito confirmation hearings.  The show will air at 11 p.m. Eastern time.

It's well worth watching, not because of Mr. Lat's presence, but because of the great legal minds -- all former Supreme Court clerks, of course -- who will be chatting with Mr. Rose during the show: Professor Charles Fried, of Harvard Law School; Professor Noah Feldman, of NYU Law School; and Professor John Yoo, of Boalt Hall. Evan Thomas, assistant managing editor of Newsweek magazine, will also be interviewed. 

Although Lat will never join the ranks of the Elect, at least he gets to be on television with them. Neato!

In addition, last Friday, while he was traveling in India, David Lat participated in a telephone interview with Mary Darcy of WAMC (Northeast Public Radio). Lat explained the meaning of various legal terms and concepts expected to get bandied about at the Alito hearings. You can access an audio clip of that interview via this page (scroll down to "download me"; Lat's interview begins at around the 6:45 mark).