There’s a funny cartoon circulating around the attorneys’ circles about all the reasons you shouldn’t go to law school.
When the future law student tells the lawyer that she hopes to argue constitutional cases in the Supreme Court, the lawyer dashes her dreams by telling her that there are only 3 guys who graduated from law school in the 1970s who handle those cases.
So this week I went to
Washington, D.C. to see if that’s really true.
I checked off a bucket list item on Wednesday when I was sworn into the
United States Supreme Court.
While I don’t ever anticipate arguing a case before the Supreme Court, it was quite an honor to be inducted into the highest court in the land.
Truth be told, I actually checked off two bucket list items that day – the other one being watching Clarence Thomas take a nap.
The morning started off in the admissions clerk’s office where we were greeted by the Assistant Admissions Clerk (or was he the Assistant to the Assistant Admissions Clerk?). For all that this man lacked in personality and ability to properly pronounce words, he made up for with his sense of decorum. There was no way that any of the potential new bar members were going to screw this up on his watch. After reading us the riot act, he lined us up outside the courtroom to make our big entrance.
The courtroom was incredibly inspiring in all of its grandeur -- the soaring ceiling, the velvet curtains, the marble columns and sculptures, and the bronze gates. It was beautiful. The biggest surprise to me was how close we were seated to the justices. I expected a good 10-15 feet to separate the bench from counsel table, but the two are really only separated by about 5 feet and the bar seating is directly behind counsel table. Since there were only a handful of people being sworn in that morning and we were seated in alphabetical order, being a “C” paid off – I had front row rock star seating right in front of Sotomayor, Thomas, and Breyer.
The courtroom was full of bar members and their guests, flatland tourists in flip flops and shorts (tisk, tisk), and the press. It was kind of a who’s who of DC. Anita Tottenham from NPR was a few seats over from me, Bill Sessions, former FBI director, was two rows behind me, and there were probably quite a few others I just didn’t recognize.
Promptly at 10:00 a.m., the justices entered the courtroom and immediately got down to business. Chief Justice Roberts announced that they were releasing an opinion and Justice Thomas would be reading it. From the look on Justice Thomas’s face when he heard this announcement, I think he forgot that he was at bat that morning.
The next order of business was to get us sworn in.
The clerk called each movant’s name, the movant stepped up to the podium and requested the Court to admit someone to the bar.
In my case, my dear friend Tim Hexler flew to DC from
Denver to personally move for my admission.
Thankfully, Chief Justice Roberts granted Tim’s motion and I was officially in the club.
After all the motions were completed, we took an oath and Chief Justice Roberts welcomed us to the Court. Once those formalities were completed, they immediately launched into oral argument and naptime. Justices Breyer, Scalia, and Thomas settled into their reclining leather chairs for some shuteye.
The case involved an Apache tribe suing the
U.S. government to get information about a trust managed by the Bureau of Indian Affairs.
The issue involved questions of attorney-client privilege and the government’s ability to withhold documents from the tribe.
In the end, my best bet is the Indians are going to lose (again).
Watching the arguments was fascinating.
The solicitor general for the
United States didn’t look a day over 30.
Not only was he not in his 70s, he probably wasn’t born in the 70s.
To say he was impressive is an understatement.
The man was unflappable.
He knew his case backwards, forwards, up, and down.
With the exception of Thomas who recently celebrated the 10th anniversary of the last time he asked a question, the justices were challenging the solicitor from the very beginning and he didn’t look the least bit flustered.
He answered their questions, spouted off case citations left and right, and went right back to his original argument.
Incredible!
This entire experience is one I will not soon forget.
With all of the cheesy lawyer commercials (
Texas Hammer anyone?) and bad lawyer jokes out there, it was extremely gratifying to see so many traditions within the court upheld and decorum and respect for our profession.
It was an excellent reminder of why I went to law school. Maybe I should add arguing a Supreme Court case to my list.