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From the National Law Journal U.S. Supreme Court Newsletter October 28, 2008

By David Badertscher, PLL

<p><font size="2"><strong>Source;</strong> NLJ.com, October 30, 2008.</font></p> <p><font size="2">Subscription needed for online access: </font><a href="http://www.law.com/jsp/nlj/subscribe.jsp" target="_blank"><font size="2">http://www.law.com/jsp/nlj/subscribe.jsp</font></a></p> <p><a class="headline" href="http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202425601490" target="_blank"><font size="2">Will Supreme Court resolve attorney deadlock at the eleventh hour?</font></a><br/><font size="2"><font color="#333333">"Exactly one week before oral argument in the case of <i>Carcieri v. Kempthorne</i>, agreement over which lawyer will argue for the appellants before the Supreme Court still seemed far away -- so far in fact, that the Supreme Court itself may decide. Rhode Island Gov. Donald Carcieri and state Attorney General Patrick Lynch want former Solicitor General Theodore Olson, a veteran of 50 arguments before the Court, to argue in the Indian land trust case, but the town of Charlestown, where the disputed land sits, wants its Indian affairs lawyer Joseph Larisa, a novice at the Court but the lawyer who has argued the case in courts below, to handle it. "</font><br/><br/><!-- There is no ad scheduled for this spot from Tuesday, October 28, 2008 12:00 AM PT to Wednesday, October 29, 2008 12:00 AM PT. This message was last updated: 10/28/2008 12:04:36 AM PT. FOR AGENT USE ONLY: a=0,k=,c=668,s=812,kw=0,t=10/28/2008 12:04:36 AM --><!--adID=0--><!--commentsListSize 0--><!-- siteDateFormat MMMM d, yyyy --><!-- October 28, 2008 --><!-- Style = headlineSummaryKickerNewsletter --><font color="#336699"><b><a class="headline" href="http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202425603595" target="_blank">Law school's award to Supreme Court justice spurs protest</a></b></font><br/><font color="#333333">"The leader of the Roman Catholic Church in New York is among those criticizing Fordham University for giving an award to U.S. Supreme Court Justice Stephen Breyer, due to Breyer's votes in high court abortion cases. A spokesman for the New York Archdiocese said Cardinal Edward Egan was surprised to learn Breyer would receive an award from Fordham's law school and has spoken to the Catholic university's leaders to ensure 'that a mistake of this sort will not happen again.' "</font><br/><br/><!-- There is no ad scheduled for this spot from Tuesday, October 28, 2008 12:00 AM PT to Wednesday, October 29, 2008 12:00 AM PT. This message was last updated: 10/28/2008 12:04:37 AM PT. FOR AGENT USE ONLY: a=0,k=,c=669,s=813,kw=0,t=10/28/2008 12:04:37 AM --><!--adID=0--><!--commentsListSize 0--><!-- siteDateFormat MMMM d, yyyy --><!-- October 24, 2008 --><!-- Style = headlineSummaryKickerNewsletter --><font color="#336699"><b><a class="headline" href="http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202425519634" target="_blank">Justice Thomas extols the need to listen</a></b></font><br/><font color="#333333">"The U.S. Supreme Court justice least likely to speak up during oral arguments told a crowd of 200 lawyers gathered in Atlanta on Thursday that judges should spend more time listening and less time talking. 'I believe quite strongly we, as judges, need to take the approach we're here to solve difficult problems, not debate with lawyers,' said Justice Clarence Thomas, speaking on the 17th anniversary of the day he took his seat on the Court."</font><br/><br/><!--commentsListSize 0--><!-- siteDateFormat MMMM d, yyyy --><!-- October 22, 2008 --><!-- Style = headlineSummaryKickerNewsletter --><font color="#336699"><b><a class="headline" href="http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202425453400" target="_blank">Former blogger makes high court debut</a></b></font><br/><font color="#333333">"Six years ago, Theodore Metzler launched one of the first Supreme Court blogs with predictions of how pending cases would turn out, and he didn't do well. Metzler, now an associate at Covington & Burling who recently argued his first case before the Court, says he knows better than to guess how it will turn out. Predicting that he would have been arguing at all would have been just as tough. It's still rare for a nonpartner to argue a high court case. At Covington, it hasn't happened for more than 20 years."</font><br/></font></p>

Full post as published by New York Supreme Court Criminal Term Library on October 30, 2008 (boomark / email).