Thursday Q&A: Elena Kagan Can't Read!

Posted on May 20, 2010 by Jay O'Keeffe

It's time for another trip to the electric mailbag to see what's on your collective mindgrapes.

At the behest of some of my colleagues and our insurance carrier, I'd like to reiterate that this post is not legal advice. Nobody reading this blog should expect to enjoy any kind of attorney-client relationship with me whatsoever. Frankly, if you're coming here for legal advice, then you've got bigger problems than I can solve.

So with that out of the way, what searches are leading folks to our humble blog?

  • appellate lawyer fourth circuit. Howdy. (That was an easy one.)
  • virginia supreme court raise issue at oral argument. Indeed it does. Our robed friends are not shy. If, however, you are thinking of raising an issue for the first time at oral argument, think again. That's dirty pool. If you've found a new case or legal point that absolutely must be brought to the Court's attention, the most professional way to do so is by sending a short letter to the clerk as far in advance of oral argument as possible (and copying opposing counsel, of course). But really, that stuff is properly addressed at the briefing stage.
  • practitioner's guide virginia supreme court. The VSB put one out in the late 1990s. If you can't find it, drop me a line and I'll shoot you a pdf version. The VSB is in the process of updating the guide. I will be sure to let everyone know when it is available. Virginia CLE also publishes an excellent guide called Appellate Practice--Virginia and Federal Courts.
  • "elena kagan" "admitted to the bar". Seriously? I mean, it's fine if you don't like her, but to question whether she's actually a lawyer? Why not just spread the rumor that she can't read? According to her Judiciary Committee questionnaire--and how creepy cool is the internet for giving us instant access to that?--among her many other accomplishments, Kagan clerked for Justice Marshall, worked at Williams & Connolly, and served as Associate White House Counsel, Solicitor General of the United States, and Dean of Harvard Law School. Generally speaking, those are law jobs. For lawyers. More to the point, she's admitted to the bar in NY and DC. It is probably time to concede that Kagan may in fact be a lawyer, and move on to her other shortcomings. Like height.
  • "elena kagan" & "scary smart". That's more like it.
  • virginia contract law for martial arts. Strong. If ever there was a niche just begging to be filled . . .

Once more, this is just for fun. I am not your lawyer. As far as you know, I am writing this with my fingers crossed. Or from jail. (Actually, from Charlottesville--anyone else headed to the Advanced Business Litigation Institute today?)

Tags: , ,

Update: Audio from Citizens United Now Available

Posted on September 9, 2009 by Jay O'Keeffe

As a follow-up to our earlier post, the audio from today's historic oral argument in Citizens United v. Federal Election Commission is now available on C-Span. Here's the link.

Further update: And here is the transcript, courtesy of PBS via our friends at SCOTUSblog. Dahlia Lithwick has a neat discussion of the argument at Slate.

Tags: , , , , , , , ,

Early Release of Citizens United Audio from SCOTUS

Posted on September 6, 2009 by Jay O'Keeffe

Here's some exciting news: the Supreme Court will release the audio from Wednesday's argument in Citizens United v. Federal Election Commission "shortly after the conclusion of the argument." SCOTUSblog has the scoop, as well as an argument preview.

Citizens United is a major campaign-finance case with potentially serious constitution implications. You might remember it as the case about Hilary: The Movie--apparently either a feature-length documentary about Secretary Clinton's run for the presidency or the world's longest attack ad, depending on your point of view.

Here's the trailer. It works better if you say "From the producers of South Park" just before you hit play:

 

 

Did I hear "venal" in there? That's a little harsh.

Somehow along the way, Citizens United has morphed into a case about the extent to which corporations enjoy the free-speech protections that the constitution offers to individuals in the context of modern campaigns.

In addition to fine cinema and free speech issues, Citizens United offers many enticements to the appellate geek. Wednesday's argument will mark the high court debuts of Associate Justice Sonia Sotomayor and Solictor General Elena Kagan. The Court's Day Call boasts an all-star lineup for the oral argument:

  • Ted Olson, arguing for 30 minutes on behalf of Citizens United;
  • Floyd Abrams, arguing for 10 minutes in support of Senator Mitch McConnell, as an amicus in support of Citizens United;
  • General Kagan, arguing for 30 minutes on behalf of the FEC; and
  • Seth Waxman, arguing for 10 minutes on behald of Senator McCain and others as amici in support of the FEC.

 This could be one for the case books, if not the history books. We'll keep you posted.

Tags: , , , , , , , , , , ,

In Case of Emergency, Break Glass Ceiling

Posted on September 3, 2009 by Jay O'Keeffe

Here is something so enormously cool that I had to share it: a piece from the latest issue of the Harvard Journal of Law and Gender called "Remarks Commemorating Celebration 55: The Women's Leadership Summit."

Catchy title, I know, but bear with me. Celebration 55 was an alumnae event at Harvard Law School last fall, which celebrated the 55th anniversary of the school's first graduating class to include women. The remarks I've linked to include a conversation between Justice Ruth Bader Ginsburg ('56-'58) and then-Dean Elena Kagan ('86).

It's hard to wrap your head around the idea. At the time of the conversation, HLS had a 55-year record of graduating women. That's not a long time. It dates back to slightly before the Mad Men era.

Flash-forward to 2008, when you have this nice conversation between two of those graduates: the women's-rights hero turned Supreme Court Justice (and cancer survivor), and the school's blindingly effective Dean--who was soon to be appointed Solicitor General, and is currently a leading candidate to join Justice Ginsburg on the High Court's bench. That's, um, a lot of ground to make up in a half century. Score one for meritocracy.

The substance of the commentary itself is great. It really gives you a sense of just how tough and determined Justice Ginsburg is. That glass ceiling never had a chance. Without giving away any spoilers, the article's got:

  • The story of Belva Ann Lockwood, the first woman to be admitted to the Bar of the SCOTUS, as well as the first woman to argue a case before the Court--and Justice Ginsburg's memento of one of the obstacles Lockwood faced;
  • Justice Ginsburg's thoughts on her role on the Court and the proper use of foreign opinions;
  • The absurd reason why she graduated with a law degree from Columbia, not Harvard. (Nice call, Dean Griswold); and
  • At least one misspelling of the Justice's name (d'oh!).

The piece seems particularly timely, given the recent speculation about Justice Stevens--and the current gender breakdown on the High Court. I obviously got a kick out of it, and I hope you enjoy it as well.

Tags: , , ,