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WASHINGTON — When Ted Cruz attended Harvard Law School, he liked to study with people who had undergraduate degrees from Harvard, Yale or Princeton. “He said he didn’t want anybody from ‘minor Ivies’ like Penn or Brown,” one of his law school roommates told GQ . That may strike you as slicing the baloney of elitism awfully thin. But a new study has found that Supreme Court justices do much the same thing in selecting their law clerks. It is not news that the justices favor a handful of law schools in doling out clerkships, a glittering credential that all but guarantees success in a profession obsessed with status markers. But the study adds another factor: To get a clerkship, it really helps to have gone to college at Harvard, Yale or Princeton. Albert Yoon , a law professor at the University of Toronto and one of the study’s authors, said the finding was disturbing. “We don’t really live in a meritocracy,” he said. “The Supreme Court is guilty of perpetuating … [Read more...] about The Road to a Supreme Court Clerkship Starts at Three Ivy League Colleges

William H. Rehnquist, who died Saturday at the age of 80 almost a year after learning he had thyroid cancer, helped lead a conservative revolution on the Supreme Court during 19 notably successful years as chief justice of the United States. Including 14 years as an associate justice, Chief Justice Rehnquist's tenure on the court was not only one of the longest in the institution's history but also one of the most consequential. With a steady hand, a focus and commitment that never wavered, and the muscular use of the power of judicial review, he managed to translate many of his long-held views into binding national precedent. Chief among those was an enhanced role for the states within the federal system, which the court accomplished under his leadership by overturning dozens of federal laws that sought to project federal authority into what the Supreme Court majority viewed as the domain of the states. In the zero-sum game of the tri-partite separation of powers, the Supreme … [Read more...] about William H. Rehnquist, Chief Justice of Supreme Court, Is Dead at 80

The memos of Supreme Court clerks evaluating death row petitions usually consist of a brief review of the facts and then a dispassionate legal analysis as to whether the court should hear the case. Not so for Ted Cruz . Mr. Cruz, the most ardent death penalty advocate of Chief Justice William H. Rehnquist’s clerks in the 1996 term, became known at the court for his signature writing style. Nearly two decades later, his colleagues recall how Mr. Cruz, who frequently spoke of how his mentor’s father had been killed by a carjacker, often dwelled on the lurid details of murders that other clerks tended to summarize before quickly moving to the legal merits of the case. “That, I think, was a special interest of his,” said Renée Lerner, then a clerk for Justice Anthony M. Kennedy, who said she was impressed with how deeply Mr. Cruz delved into the facts and history of a murder case. “It was unusual for a Supreme Court clerk to do that.” Other clerks, however, had a less admiring … [Read more...] about As Supreme Court Clerk, Ted Cruz Made Death Penalty His Cause

WASHINGTON — Supreme Court justices make $265,600 a year. The chief justice gets $277,700. Their law clerks do a lot better. After a year of service at the court, they are routinely offered signing bonuses of $400,000 from law firms, on top of healthy salaries of more than $200,000. What are the firms paying for? In a profession obsessed with shiny credentials, a Supreme Court clerkship glitters. Hiring former clerks burnishes the firms’ prestige, making them more attractive to clients. Still, the former clerks are typically young lawyers just a couple of years out of law school, and the bonuses have a second and more problematic element, said Stephen Gillers , an expert on legal ethics at New York University. “They’re buying something else: a kind of inside information about how the court is thinking and how individual justices might be thinking,” he said. The Supreme Court appears to recognize that this is a problem. Its rules impose a two-year ban barring former clerks … [Read more...] about Law Firms Pay Supreme Court Clerks $400,000 Bonuses. What Are They Buying?

[ Update: President Trump has selected Judge Amy Coney Barrett to fill Ruth Bader Ginsburg’s seat on the Supreme Court.] Justice Ruth Bader Ginsburg’s death on Friday created a Supreme Court vacancy that President Trump has vowed to fill “without delay.” He has issued four lists of potential nominees, the most recent one last week , and Mr. Trump said on Saturday that he expected to nominate a candidate in the next week, telling a campaign rally that night that it “will be a woman.” Here is a look at some of the leading candidates on those lists. Amy Coney Barrett Judge Barrett , a member of the Federal Court of Appeals for the Seventh Circuit, is the likely front-runner for the job as Republicans see advantages in replacing Justice Ginsburg with a woman. A former law professor at Notre Dame, Judge Barrett has a rock-star reputation in conservative circles. Her devout Catholicism prompted tough questioning by Democrats at her confirmation hearing in … [Read more...] about Leading Candidates to Fill Supreme Court Vacancy

The Supreme Court on Monday issued a notice in an appeal filed by the National Commission for Protection of Child Rights (NCPCR) challenging a recent ruling of the Punjab and Haryana High Court, which held that a Muslim girl can enter a valid marriage once she attains puberty. Since the case was called out after 4 pm, due to paucity of time, SFG Tushar Mehta informed the CJI DY Chandrachud-led bench that the matter required a proper hearing. On this, the bench also consisting of Justices Pardiwala and PS Narasimha ordered that the matter be kept for March on a non-miscellaneous day. “Issue Notice, make it returnable in March. Keep it on a non-miscellaneous day," said the bench. In October last year, a division bench of Justices SK Kaul and AS Oka had agreed to consider whether a Muslim girl can enter into a valid marriage once she attains the age of puberty. Granting protection to a 16-year-old Muslim girl who married a 21-year-old Muslim man against her family’s wishes, … [Read more...] about Supreme Court issues notice on NCPCR plea challenging Punjab And Haryana HC Allowing Marriage of Minor Muslim Girl

Justice Sonia Sotomayor has condemned the Supreme Court 's refusal to block a law in Texas banning abortions in almost all circumstances, accusing those who voted against the move of opting to "bury their heads in the sand." Sotomayor was one of four judges to write a dissent against the decision after the court voted 5-4 on Wednesday night to refuse to block the extremely restrictive abortion law in the state, which would prohibit the procedure if a " fetal heartbeat " is detected. This typically occurs after around six weeks in to a pregnancy and before most women are unaware that they are pregnant. "The Court's order is stunning," wrote Justice Sotomayor. "Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand." "The Court has rewarded the State's effort to delay federal review of a … [Read more...] about Sotomayor Says Other Justices Buried ‘Heads in the Sand’ Over Abortion Ban

The Supreme Court on Monday came down heavily against hate crimes in the country and said, “There is no space for hate crime on the basis of religion in a secular country.” The top court made the statement while hearing a case about a hate speech made in Uttar Pradesh’s Noida. “Hate speeches have to be rooted out and when the state has the will, it has make sure it puts an end to it,” the Supreme Court said adding that it is the primary duty of the state to do so. A Supreme Court bench headed by Justice K M Joseph was hearing the matter. The case pertains to 62-year-old Kazeem Ahmad Sherwani who was the victim of an alleged hate crime in July 2021. He knocked on the Supreme Court’s door seeking action against those who tortured him. He also called for action against police officers for refusing to take action against the perpetrators. “Solutions can be found only when you recogonise the problem,” the court said adding that there is a growing consensus around hate speech. … [Read more...] about No Space for Hate Crime on Basis of Religion in Secular India, Has to Be rooted Out: SC on Hate Speech

In a significant development, the Supreme Court on Monday advanced to February 7 the hearing on a plea challenging the appointment of lawyer Lekshmana Chandra Victoria Gowri as a judge of the Madras High Court, soon after the Centre notified her judgeship. The apex court had earlier in the day agreed to hear on February 10 the petition against her elevation but the matter was mentioned again and the hearing was fixed for Tuesday by a bench headed by Chief Justice DY Chandrachud which said the collegium has taken note of “certain developments” after her name was recommended to the Centre. During the second mention, the bench was apprised by senior advocate Raju Ramachandran that the Centre has notified the appointment of Gowri as an additional judge of the Madras High Court and urged for urgent intervention. The proposal to elevate the woman lawyer, who has been representing the Centre before the Madurai Bench of the Madras High Court, has been mired in controversy after reports … [Read more...] about SC Advances to Feb 7 Hearing on Plea Against Appointment of LC V Gowri as Madras HC Judge

The first anniversary of the Russia-Ukraine war happens in less than three weeks, and Ukraine has announced it anticipates possible Russian offensives to commemorate the date. Ukraine Defense Minister Oleksiy Reznikov said that Russia "likes symbolism" and that strikes on February 24, 2023, on the war's anniversary wouldn't be far-fetched. "We still, of course, expect possible offensives from the Russians, because it's February, they like symbolism - February 24 will be a year since this invasion began, the open stage of the Ukrainian-Russian war, which began in 2014," Reznikov said Sunday at a press conference. "That's why we expect this pressure. We are ready, the Armed Forces are ready, the Staff of the Supreme Commander-in-Chief is constantly monitoring, so there are no unexpected things for you and me." Russia began positioning troops along the Ukrainian border in late January 2022, particularly along Ukraine's eastern and northeastern boundaries. Russia this time last year … [Read more...] about Russian offensive “possible” on 1-year anniversary of war: Ukraine defense