SCOTUStalk

Amy Howe and Katie Barlow review a busy Supreme Court week, including a new cert grant in a religious-freedom case, the latest action on the shadow docket, and “maskgate.”

SCOTUStalk is launching a new Q&A feature. Send us your questions about the justices, how the Supreme Court works, or a case that’s pending before the court. We may answer your question on future episodes. You can email your questions to [email protected] or leave a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.

(Music by Keys of Moon Music via Soundcloud)

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Sean Marotta, a partner at Hogan Lovells and an expert on the legal challenges to Biden vaccine policies, joins us to dissect Friday’s remarkable oral arguments.

If you have questions about the court, the justices, or an upcoming case, please email us at [email protected]. We may answer your question on a future episode of SCOTUStalk.

(Music by Keys of Moon Music via Soundcloud)

Hosted on Acast. See acast.com/privacy for more information.

Gabe Roth, the executive director of Fix the Court, discusses the Biden court commission's final report and why he believes term limits are the superior court reform.

If you have questions about the court, the justices, or an upcoming case, please email us at [email protected]. We may answer your question on a future episode of SCOTUStalk.

(Music by Keys of Moon Music via Soundcloud)

Hosted on Acast. See acast.com/privacy for more information.

Hosted on Acast. See acast.com/privacy for more information.

SCOTUStalk Host Amy Howe spoke this week with two groups of former law clerks for the late Justice Ruth Bader Ginsburg. In the first of these interviews, Kelsi Brown Corkran, Lori Alvino McGill, and Amanda Tyler share their memories of meeting Ginsburg for the time and working for a boss who herself was such a hard worker.

Full Transcript:

[00:00:00] Oyez! Oyez! Oyez!

Amy Howe: [00:00:03] This is SCOTUStalk, a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog.

AH: [00:00:13] Welcome to SCOTUStalk. I'm Amy Howe. Thanks for joining us. Members of the public generally knew her as the Notorious RBG or as a tiny but mighty figure in the courtroom. For her law clerks, though, Ginsburg was a warm and thoughtful role model and mentor. We're so lucky to have three of her law clerks with us to talk about the time they spent working with Ginsburg as well as their relationships with her after they finished their clerkships. Kelsi Brown Corkran is the head of the Supreme Court practice at Orrick, Herrington and Sutcliffe. Lori Alvino McGill is an appellate lawyer who clerked for Justice Ginsburg during the October term, 2005. And Amanda Tyler is the Shannon Cecil Turner professor of law at the University of California, Berkeley School of Law.

Let's start at the beginning. Talk about how you came to be a clerk for Justice Ginsburg. What was the interview process like? You're all relatively young lawyers going to talk to Justice Ginsburg, who was not much of a small talker. What was the interview like?

Kelsi Brown Corkran: Yeah, so I was actually a little bit older. I was pregnant with my son when I clerked for Judge Tatel on the D.C. Circuit.

So I waited until after my kids were born before I applied to clerk on the court. It's pretty well documented that when Justice Ginsburg was recommended to clerk for Justice Frankfurter by the dean of Harvard Law School, that he was initially willing to consider a female clerk, but when he found out that she was a mother, that was just too much. He could not have a mother in chambers. And so she missed out on the opportunity to do a clerkship on the Supreme Court. And so that interview was just incredible in so many ways. I mean, to see her in person, I still am not over that. And it was almost a decade ago, and I ended up working with her for a year. But I can still remember walking into chambers and seeing her there in real life. But we ended up talking about my kids. I brought them up at some point and she smiled and asked how old they were. And then a few minutes later offered me the clerkship. And it was it was very special to me. I think it was a joy to her to be able to give that opportunity to so many of the clerks that she lost out on. And I was just one of many clerks who came to chambers, both male and female, who already had kids. So, it was a particular piece of it that was special to me.

AH: [00:02:51] Lori, how about you?

LAM: Well it’s hard to follow that story. But I have a couple of sharp memories from my interview process. The first was when I was extended the interview. I was working on the DC Circuit for Douglas Ginsburg. No relation, but they were friends.

[00:03:12] But they come from a very different ideological background, I would say.

[00:03:17] So the first thing I remember is DHC coming into my little part of chambers and letting me know that Justice Ginsburg had called him about me, and I was elated. Of course, I was really excited. And he said, but so here's the thing. I think she's going to call you and extend an interview. And I think if she interviews you, she's going to hire you. And he looks very serious. And I'm like, well, that sounds great. And he said, well, you understand, if she extends an offer to you, you have to accept that.

[00:03:50] Yeah.

[00:03:53] And then he looks at me like, what, Lori? I just want to make sure that there's not some other justice who would prefer to clerk for me. I looked at him like, wow, you had no idea there was one of us here in chambers. And so I was a sleeper liberal with nothing to indicate as such on my resume. But so he was surprised, as surprised that I was excited as I was surprised that she was interested in the interview. The process was stressful, as you'd imagine. I was busy on the D.C. Circuit. I was also studying for the bar exam, and I remember studying a lot for the interview. And I got there and I could not have been prepared for the first question that she asked me, which was, Lori, we've had a lot of trouble with our panel. And I have to tell you, I just secured it was beautiful new grand piano for the West Conference Room. The reason we have a new piano is the old piano would not stay in tune. Would you mind going downstairs and playing the piano after we're done h...