FIRST ONE @ ONE FIRST

The Future is Here

Posted in Clairvoyance, Law and Politics by Mike Sacks on December 13, 2010

This morning C-SPAN released a few choice clips from its interview with Justice Kagan in anticipation of its airing the full interview this coming Sunday night.  In the above clip, Justice Kagan speaks about her respect for Chief Justice Roberts.

Meanwhile, if you go over to the Supreme Court’s page for this term’s opinions related to orders of the Court, you’ll see this:

Either Justice Alito or Justice Sotomayor has been a part, if not an author, in every one of those opinions, all but one dissents from denials of certiorari.

This term, I’ve been thinking quite a lot about these two pairings–Chief Justice Roberts and Justice Kagan, Justice Alito and Justice Sotomayor.  At oral argument as well as in the few opinions of this term, it has become clear that they are developing doppelgänger demeanors.

Roberts and Kagan conduct themselves like suave assassins, devastating advocates without compromising their gentility.  They apprenticed at the feet of the Court’s then arch-partisans–he, Justice Rehnquist; she, Justice Marshall–and now possess those two men’s collegiality without their more prickly public personas.  Indeed, Roberts and Kagan, both bred for leadership at Harvard Law, are public creatures: the Chief and the Dean.  Firm but polished, one can see these two in twenty years as gracefully grayed totems of conservative and liberal jurisprudence.

Alito and Sotomayor, on the other hand, are their sides’ enforcers.  Appearing rough around the edges, they send clear, aggressive messages, often on behalf of their comrades, but sometimes alone on principle.  In their self assurance that comes from years of practice in the lower courts, they seem not to have much interest in institutional niceties when the law is disobeyed or justice is disregarded.  Both Princeton and Yale Law grads, they took active roles in their institutions’ internal battles over coeducation and affirmative action.  Rather than skirt controversy and stay quiet to maintain squeaky clean public records, they took stands over the identity politics of their days that have continued into 21st century America.  It is no wonder, then, that Alito and Sotomayor have had no hesitance going on record to dissent from denials of certiorari, even if such opinions were once seen as rare peeks behind the curtain saved only for a justice’s irrepressible outrage.

The massive cases about health care, gay marriage, affirmative action, and abortion bubbling up to the Supreme Court in the next few years will mark the final overlap between the old Court and the new: the septuagenarians–Ginsburg, Scalia, Kennedy, and Breyer–will have as much time remaining in their twilight on the bench as Roberts, Alito, Sotomayor, and Kagan will have spent so far on it.   For those cases, we will rightly focus on Justice Kennedy for the bottom-line prognostication and ultimate pronouncements.  But we should absolutely save some of our peripheral vision for how our four youngest justices conduct themselves at argument and in print, as those cases will be the crucibles upon which their careers will be characterized for the next generation.

This piece is cross-posted at The CockleBur.

Justice Elena Kagan

Posted in Justicespotting by Mike Sacks on August 7, 2010

It’s official.  Video here.

Reporters on the Confirmation Process

Posted in Kagan Nomination, Law and Politics by Mike Sacks on May 19, 2010

Last night at the Library of Congress, C-SPAN held a panel on its new book about the Supreme Court in its own words based on the televised interview series that first aired this past October.

Here’s an excerpt of the panelists discussing the sustained woefulness of our confirmation process:

Thank You, C-SPAN!

Posted in Justicespotting by Mike Sacks on March 16, 2010

C-Span has just released its full video archive.  Boy oh boy.

My very first memory of the Supreme Court was watching Justice Thurgood Marshall’s retirement press conference with my father in our family room.  I was almost nine years old at the time and had no idea who this man was, but understood that if my dad was watching him talk, then he must have had something important to say.

Nevertheless, all I saw was an old, ailing, ornery man talking about stuff I didn’t understand.  Frankly, I confused Marshall’s sense of humor and cursory “I Don’t Know’s” with something similar to my grandmother’s senility.

Since I started following the Court a few years ago, I’ve been searching for this video to straighten my memories out.  Well, here it is:

Little Mike surely misunderstood what was going on.  Thank you, C-Span.
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