Supreme Ambitions

A novel by @DavidLat (see @NYTimes: Tweets on #SCOTUS (esp. clerk hiring), #9thCircuit, federal judges and clerks. Tips: [email protected]

[Judge Stephen Dillard @JudgeDillard]

This is a must-listen: @DavidLat’s wonderful interview with @KannonShanmugam.

https://t.co/4wBXBdmvoG

Kannon is gracious, kind, humble, brilliant, and one of the most successful appellate lawyers on the planet. If you don’t know him well, I think you’ll really enjoy listening to this interview and learning more about him.

[William Baude @WilliamBaude]

Interesting finding from the latest George/Yoon/Gulati clerkship paper:

[David Lat @DavidLat]

Here's my latest Supreme Court clerk hiring roundup, posted at Original Jurisdiction.

I suspect that all or almost all of the justices are done hiring. But I'm still missing the names of a few clerks:

- 1 clerk to Chief Justice Roberts
- 3 clerks to Justice Alito
- 2 clerks to Justice Barrett
- 1 clerk to Justice Kennedy (assuming he's still hiring a clerk)

Does the fact that I'm missing so many Alito clerks suggest he's retiring soon? In the past, clerk hiring has foreshadowed #SCOTUS retirements.

But in the case of Justice Alito, I don't think so, for a few reasons:

1. Journalists including @JanCBS and @ShannonBream have reported that he's not retiring this year.

2. Justice Alito is generally the last justice to hire, so missing some of his clerks' names, even this late in the year, isn't unusual.

3. I've been told by sources that he actually HAS hired more than one clerk. (I don't find out all clerk hires in real time; my sources are good, but not THAT good.)

4. He and/or his clerks tend to be a bit "secretive" about their hiring. Last Term, I was also missing the names of 3 Alito clerks—and I actually didn't get them until July, when the Court's Public Information Office kindly provided me with its official list of clerks.

You can access the full report via the Bitly link below. The clerk names are paywalled—I have to offer my paid subscribers, who put food on my table, some extra value—but you can always do a free trial and then quit (no, my feelings won't be hurt... at least not that much).

https://t.co/CpckGBGxvC

[Lawrence Hurley @lawrencehurley]

Bonus content for SCOTUS nerds: In his remarks tonight, Roberts said the new oral argument format has "blown up" and is "too long" and the court might revisit it this summer.

[Jimmy Hoover @JimmyHooverDC]

JUST IN: Chief Justice John Roberts briefly pauses oral arguments this morning to note that there will be a flyover in a few minutes, and that those in courtroom shouldn't be alarmed by the loud noise.

Roberts then throws in a trademark quip: "I don't know why they didn't check with me."

Seems prudent in light of current anxiety following White House Correspondents Dinner. #SCOTUS

[Sean Marotta @smmarotta]

Things Lisa Blatt can say at #SCOTUS oral argument, but that you and me, mere mortals, cannot.

[David Lat @DavidLat]

1/ As I predicted in January and again in February, Justice Samuel Alito doesn't plan to retire from #SCOTUS this year.

[Supreme Ambitions @SCOTUSambitions]

You can take this to the bank—@JanCBS is very well-sourced when it comes to #SCOTUS, as well as in conservative legal circles more generally....

[Jan Crawford @JanCBS]

BREAKING: Justice Samuel Alito NOT retiring.

Sources close to Justice Alito confirm the Fox News report that he has decided not to
step down this year.

In addition, sources close to Justice Thomas tell me he’s not retiring.

That indicates that this year, with the midterms on the horizon, Trump will not be making his 4th nomination to SCOTUS.

[Supreme Ambitions @SCOTUSambitions]

Trump wound up sitting in the public gallery. For more on this, see the post linked below, 5 Observations On The #SCOTUS Argument In The Birthright Citizenship Case.

LINK: https://t.co/YdZPlPGE1k

[Supreme Ambitions @SCOTUSambitions]

Fear not, #SCOTUS clerks—you won't get booted from the birthright citizenship argument at the Supreme Court this morning to make way for Donald Trump. Apparently #POTUS has a dedicated seat in the courtroom at One First Street (see thread below).

[Supreme Ambitions @SCOTUSambitions]

Fear not, #SCOTUS clerks—you won't get booted from the birthright citizenship argument at the Supreme Court this morning to make way for Donald Trump. Apparently #POTUS has a dedicated seat in the courtroom at One First Street (see thread below).

[David Lat @DavidLat]

Justice Samuel Alito Won’t Hang Up His Robes Anytime Soon

This is an UPDATED version of my @BloombergLaw column.

I'm still predicting no #SCOTUS retirements in 2026, but this update continues new info going the other way.

LINK: https://t.co/QPTZWA3GfD

[David Lat @DavidLat]

What letter grade does my audience of lawyers and law students assign to the #SCOTUS opinions in the tariffs case?

The pick of the plurality is where I end up (for reasons given in my analysis of the ruling).

LINK: https://t.co/6HIRtu5Cha

[Thom Lambert @profthomlambert]

Lovely piece here by my friend @btfitzpat on the legacy of his former boss, Justice Scalia. Love him or hate him, no one can doubt that he changed the way we do law. And with such wit. https://t.co/Whf7gXmidI

[David Lat @DavidLat]

3 Tips For Appellate Advocates—From Paul Clement

Clement's argument to #SCOTUS last week in Trump v. Cook was "a master class in oral argument," per @whignewtons.

Here are a few lessons that litigators can learn from it.

LINK: https://t.co/HmqHaC369l (cc: #appellatetwitter)

[Supreme Ambitions @SCOTUSambitions]

Crystal Clanton is a former law clerk to Justice Clarence Thomas. Foregoing a six-figure #SCOTUS clerk bonus, she's decided to join @America1stLegal as a lawyer, litigating high-profile causes to advance conservative causes. Link to story below.👇

[David Lat @DavidLat]

1/ Crystal Clanton Lands On Her Feet

The controversial conservative clerk has a new job—with a controversial conservative employer.

LINK: https://t.co/kDkQxcx9za

[Orin Kerr @OrinKerr]

Niche tweet, but it's interesting that Justice Gorsuch continues his practice of often hiring a law professor to serve as one of his clerks.

Among his clerks:

@syelderman, OT2019, who had been a law professor at Notre Dame for one year;

@mark_storslee, OT2021, who had been at Penn State for two years (and is now at UNC).

@shbarclay, OT2021, who had been at BYU for 2 years and Notre Dame for one year (and is now at Georgetown);

Tara Helfman, OT2022, who had been a tenured professor at Syracuse;

@cburset, OT2024, who was (and is) a tenured professor at Notre Dame, now visiting at Chicago;

and now @tylerblindley, for OT2026, who is at BYU Law.

[David Lat @DavidLat]

Supreme Court Clerk Hiring Watch: Happy New Hires

The latest #SCOTUS clerk hires, a cornucopia of scholarship related to #SupremeCourt clerks and clerkships, and an ethics question from Reddit.

LINK: https://t.co/knWMAB7n2J

[Supreme Ambitions @SCOTUSambitions]

@elonmusk Speaking of shadiness, my main X account, @DavidLat, has been hacked (this is David, writing from my backup account).

I have filled out a ticket, but if you have any recs for how to get my account back faster, I'd welcome them. Thanks!

[Supreme Ambitions @SCOTUSambitions]

@nikkidadlani @DavidLat And for the record, I would have gotten the Escalade in black!

[Supreme Ambitions @SCOTUSambitions]

Please note that @DavidLat's Twitter account has been hacked (this is David, tweeting from my other account).

I do NOT work in crypto, and I did NOT buy a brand-new Escalade.

I am trying to regain control of my account, but it is proving... challenging.