Tag Archive for: Justice Scalia

The Nomination Plot Thickens

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I’ve obsessively read as much as I could find over the weekend about the upcoming confirmation battle to replace the late Justice Scalia. And there is much to read. Saturday’s news and what unfolds over the next weeks will be the subject of many books, if not movies, to come.

  • Scott Greenfield focuses on two things: (1) the President’s Constitutional duty to submit a nominee and (2) the fact that political operatives did not observe much of a respectful time before beginning to maneuver.
  • The NY Times has an editorial up arguing that Senator McConnell may suffer negative political consequences for categorically refusing to allow the Senate to even vote on a nominee.
  • Just where is that ranch anyway? USA Today ran a story today about Justice Scalia’s final hours and about the ranch where he was staying.
  • Bill Rankin has a blog post up regarding Justice Nahmias’s reaction as former law clerk to Justice Scalia.
  • The Wall Street Journal has much inside baseball nomination analysis.
  • Slate and many others have some analysis up about what happens in the event of a 4-4 tie on a vote (bound to happen).
  • Needless to say, this event is right in the SCOTUS Blog’s wheelhouse.

This is an interesting time. I have not been much of a news junkie about the presidential election. For the past several days, I have been all over the news and will be for what will be an exciting several weeks ahead.

Thoughts on Justice Scalia’s Passing

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We’re away for the weekend. And I happened to look up and see the news on television at a restaurant. And it still does not quite seem real.

When I was a law student, Scalia opinions were the first ones I remember reading and enjoying. I won’t say that I agreed with them all. But they were all brilliant. And his originalist philosophy was always consistent. So, occasionally it took him to pro-defendant places. Crawford v. Washington is the first one that comes to mind.

As a lawyer, I suppose that these things resonate with me more profoundly than they might in the general public. But this is one of those “I remember where I was when I heard” sorts of news events.

In a while, I will start to think about what is next. But today I reflect on the end of an era.

Bryan Garner’s SCOTUS Interviews Now Available in Print

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It is now the talk of the appellate bar nationwide. Bryan Garner has recently released transcripts of his interviews with 8 United States Supreme Court Justices. If you plan on doing any legal writing (whether it’s before the SCOTUS, another appellate court, or any where else), you need to download the interviews, available at The Scribes Journal of Legal Writing (PDF), and start reading them. It may be the best free resource for appellate advocacy available anywhere. There is so much to like in these interviews. The advice is spot-on. The justices are a tremendous resource. And, best of all, the interview are incredibly engaging.

If you have time to only read one, take a look at the interview with Chief Justice John Roberts. And if you have time for two more, read Justice Scalia’s and Thomas’s. Most of the bloggers who have covered this publication also recommend these interviews. Jay O’Keeffe’s De Novo features a post titled, I am John Roberts and So Can You. The Wall Street Journal’s blog, discusses Justice Scalia’s tip to avoid legalese in briefs: “If you used the word at a cocktail party, wyou people look at you funny? You talk about ‘the instant case’ or ‘the instant problem.’ That’s ridiculous.”

Justice Scalia also agreed with Mr. Garner’s suggestion that we should complete a well-crafted brief long before it’s due and spend the rest of the time refining it.

Writing advice in these interviews is not monolithic. Chief Justice Roberts discussed how he spent much of his time writing the statement of facts and noted that “every lawsuit is a story.” Justice Thomas, on the other hand, almost never reads the statement of facts, choosing, instead, to read the recitation of facts from the appellate court. Chief Justice Roberts highlights the importance of a summary at the beginning. Justice Scalia thinks a summery is superfluous.

Bryan Garner is the co-star in every interview. His questions and comment would be worth reading, even if he weren’t interviewing SCOTUS Justices. It makes for a fantastic introduction to him if you are not already reading his work. He’s also on twitter, and he’s as engaging 140 characters at a time as he is in his booklength prose.

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