Legal Commentary

The New York Times yesterday discussed why news reporters should keep up with Justice Scalia. In his article, "On the Bench and Off, the Eminently Quotable Justice Scalia," Adam Liptak noted some of Justice Scalia's most recent memorable musings.  For instance, when asked by a student at the American University Washington College of Law (WCL - my alma mater) what her chances were of getting a clerkship with the U.S. Supreme Court, Justice Scalia responded, "Not good." 

As a graduate of WCL, I hope that the Supreme Court will eventually hire more law clerks from non-elite schools.  Might Justice Alito's recent decision to hire a 2004 graduate of Seton Hall Law School (as noted here) signal such a trend?  Why not?  Justice Scalia himself noted that the law clerk "whom [he was] most proud of now sits on the Sixth Circuit Court of Appeals."  He was referring to Judge Jeffrey S. Sutton.  Justice Scalia explained, "I wouldn't have hired Jeff Sutton . . . For God's sake, he went to Ohio State!"