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On Tuesday June 7th the BBA will host Harvard
Professor and former US Solicitor Charles Fried for a Supreme
Court Roundup over lunch. This event got BBA
Week wondering which Supreme Court Justice our members would
like to spend their lunch hour with, so we are asking:
"If you could have lunch with any
Supreme Court Justice, who would it be?"
*This week's question yielded well in excess of 200 responses
- a Voices of the Bar record. Any responses not appearing in the
June 6 edition of BBA Week will appear on www.bostonbar.org
on Monday, June 6. We thank you for your understanding.
If you would like to respond to a future Voices of
the Bar, make sure you send a headshot, and
contact Eric Fullerton at efullerton@bostonbar.org. |
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Peter M. Shapland – Day Pitney "My
choice for a lunch would be Clarence Thomas. Perhaps I could
convince him to me ask a question."
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Michele Whitham – Foley Hoag "My dream
Supreme Court lunch date would be, "Bill, Bill Brennan." When
I was clerking in 1988-1989 for the incomparable Raymond J.
Pettine, D.R.I., the phone would ring most mornings at around
8 a.m. and a cherry voice would boom, "Good morning! This is
Bill, Bill Brennan. Is Ray still there?" After we laughed
uproariously the answer was: "Of course, sir. There's been no
election yet!" I always hoped then, as I do now, that "Bill,
Bill Brennan" would just show up one day and take us all to
lunch. I had then, as I do now, so much to ask him, and it
would have been a supreme privilege to see those two icons of
the bench enjoy each other's company."
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Kenneth Parsigian - Goodwin Procter
"It's hard to pick just one, of course, but I
lean toward Robert Jackson. The conversation would range
from his beginnings as a country lawyer who "read" the law
without graduating law school, to his work as the AG, to the
Nuremburg trials. And if there was any time left, he
wrote some marvelous opinions we could discuss. Besides,
I've got to believe that anyone who quipped about the Court
(and himself), "We are not final because we are infallible, we
are infallible because we are final" would be an entertaining
lunch companion."
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Ariel Soiffer - WilmerHale "I would
pick Justice Jackson. I think he would be an interesting
person: a Justice without a law degree, chief Nuremberg
prosecutor, and AG, as well as Supreme Court Justice. I would
be curious to discuss his concurrence in the Steel Seizure
cases and see how much of it was driven by animus against
Truman versus him thinking it was a good framework for
analyzing conflicts between the Executive and Congress. To
this day, we often refer to that case in thinking about these
conflicts and it would be interesting to learn more about the
politics and thinking behind the decision."
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Laurel Mackay – Mass Department of Environmental
Protection "I would very much like to spend a
lunch with Louis Brandeis, whose appointment to the Supreme
Court Justice was nothing short of miraculous, given a 4-month
horrendous confirmation battle due to his progressive
championing of the underprivileged and the rampant
anti-Semitism of the day. His philosophy of the legal
profession was that the law should be used to protect the most
vulnerable in society. He was a great crusader for the
rights of workers, women's rights and the poor. He was
highly disturbed by the rise of corporate powers during his
time and the rise of mass consumerism, both of which he
deplored as very harmful to American culture. He
believed in the freedom of speech and individual rights as a
key counterweight to these trends. Given the recent
collapse of Wall Street and the strong role of consumerism in
current American society, he would have very interesting
things to say about what beneficial actions could be taken by
legislators and lawyers as leaders on these
issues."
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John D. Donovan, Jr. – Ropes &
Gray "This is tough. I'm tempted to choose
the game changers: Marshall, Story, Taney or
Harlan. Or the current Justices who questioned me the
closest so I can give it right back to them! But in the
end I'd chose Justice Robert Jackson as the most interesting
lunch companion. He was the last justice who
"read" for the bar rather than graduating law school, who
served as both U.S. Attorney General and Solicitor General,
arguing more Supreme Court cases than any contemporary, took a
"leave" from the Court to be the U.S. Chief Counsel in the war
crimes trials at Nuremberg, and participated in some of the
most important mid-20th century cases that laid the foundation
for the Warren Court's decisions – including rejecting the
alleged advice of his clerk William Rehnquist to uphold Plessy
v. Ferguson to join the majority in Brown v. Board of
Education. Jackson's storied career was leavened
with down-to-earth wit, as he was the Justice who famously
said: "We are not final because we're infallible; we're
infallible only because we're final." Listening to
Justice Jackson, I’m afraid I'd ignore my tuna fish
sandwich!"
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Charles Felsenthal - John Hancock Financial
Services "Actually I'd very much enjoy having
lunch with Sonia Sotomayor. She and I were law school
classmates, and we served together on the editorial board --
she as Managing Editor and I as Editor-in-Chief -- of what was
then called Yale Studies in World Public Order. (It's
now the Yale Journal of International Law, and I've had to
stop referring to it as the world's most obscure
periodical.) I think she was a wonderful choice for the
Supreme Court, and I'd love to hear how she's liking
it."
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Renée M. Landers - Suffolk University Law
School "Because I teach Constitutional Law, over
the years I have developed a lot of questions that I would
like to ask various Supreme Court Justices. Some of
those questions are in the category of, "what were you
thinking?!", in relation to a vote or opinion in a particular
case. I admit that I would like to be able to try to persuade
the justices with whom I regularly disagree about what I
consider to be a better approach, but I know that such an
exercise would probably be futile. With all due respect
to the current members of the Court with whom I am personally
acquainted, Thurgood Marshall is the Justice with whom I would
most liked to have had lunch. He is most interesting to
me because of his role as architect of the NAACP Legal Defense
Fund strategy to erode the legal basis for racial
discrimination and because he later had the opportunity as a
member of the Court to give effect to the policies for which
he had so capably and passionately advocated. The courage and
risks he took to change the course of the country's history is
an example to all lawyers. I also admire his
opinions--which are grounded in the reality of the lives
ordinary people experience. He never forgot that the law
operates in service of the people. Justice Ruth Bader
Ginsburg would be my second choice because of the similar role
she played in changing the law relating to discrimination on
the basis of sex. It would also be fun to talk with her
about her love of opera! "
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Betty Francisco - Millennium Partners Sports Club
Management "Without a doubt, it would have to be
current Supreme Court Justice Sonia Sotomayor. As the
first Latina Supreme Court Justice, she is a beacon of
inspiration and a model for what other Latina lawyers like
myself can achieve in the legal profession. Her life
journey of growing up in a public housing project in the South
Bronx and how she rose up the ranks as an Assistant District
Attorney in NY to a trial and appellate judge, and then to the
highest court is fascinating and speaks to the power of
perseverance, commitment and staying true to oneself. To
me, having the chance to learn about her journey and the
challenges and opportunities she encountered would be worth a
sandwich made of gold." |
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David Baker – Law Office of David
Baker "I would like to meet Justice
Breyer. On November 6, 2006, I argued the case of
Marrama v. Citizens Bank et al, 127 S.Ct. 1105 (2007) before
the full bench. It was an exhilarating experience, of
course, and meeting any of the justices on the bench at the
time would be a thrill. If I had to pick just one,
however, it would be Justice Breyer. Although he voted
against my position (it was a 5 - 4 split), he obviously has a
great sense of humor and I would be interested in knowing how
he maintains that sense of humor despite the workload that the
court carries, and whether he has any amusing anecdotes about
his tenure to share."
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Damian Wilmot – Goodwin
Procter "American hero and civil rights legend,
Justice Thurgood Marshall. He was a groundbreaker many
times over. He, among many other accomplishments, served
as our Nation's first African-American Solicitor General and
was the first African-American Supreme Court Justice. He
was also one of the most influential lawyers in American
history--notably convincing the Supreme Court in Brown v.
Board of Education that the "separate but equal" doctrine had
"no place" in public education and that "[s]eparate
educational facilities are inherently unequal." Justice
Marshall's mentor, Charles Hamilton Houston, famously
said: "A lawyer is either a social engineer or he is a
parasite on society. . . . [A] social engineer is the
mouthpiece of the weak and a sentinel guarding against
wrong." Justice Marshall was the embodiment of Houston's
concept of social engineering through the law."
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Constance Martin – LeClair Ryan "I
would love to lunch with Justice Robert H.
Jackson. An eloquent writer, he
crafted some of the most memorable Supreme Court decisions
with language that still resonates today and is also known for
his service as the chief American prosecutor in Nuremberg
after WWII (which probably cost him the chief
justiceship). I am especially moved by his rising from a
hospital bed to rejoin the Court when Brown v. Board of
Education came down so the nation would see a unanimous
ruling."
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Darren L. Braham - Ropes & Gray LLP
"This was a tough question! It would
probably have to be Justice John Marshall, whose judgment in
Marbury, that the federal court has the power of judicial
review over laws that violate the Constitution, really
provides the backbone to the notion of "checks and
balances". Also, it'd be pretty great to have lunch with
Justice Lucius Quintus Cinnatutus Lamar, but only if he put
his name forward for the reservation!"
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Christine Hughes – Emerson College "As
a proud Dartmouth graduate, how could it be anyone but Justice
Marshall, who wrote the 1819 decision in Trustees of Dartmouth
College v. Woodward? He would probably want to discuss lofty
issues of the sanctity of contract, but what I’d really like
is the dish on Daniel Webster as an appellate
litigator!"
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William Sinnott – Office of the Corporation Counsel
City of Boston "I've always admired the late Justice
Robert Jackson, whose deep belief in the rule of law permeated
his leadership of the prosecution at Nuremberg. As a
veteran of peacekeeping duties in Bosnia, I'd want to discuss
the reach and limits of the law and how it's being applied
today at tribunals in The Hague and Guantanamo."
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Mary Griffin - Massachusetts Department of Fish and
Game "I would like to have lunch with Chief
Justice Warren because of his role in banning segregation in
public schools in the 1950s. I grew up in the south and got to
know Judge Frank Johnson, who helped desegregate busing in
Alabama and gave the order that permitted the Selma march. He
had fascinating stories about those times, and I bet Chief
Justice Warren would too. I also would like to ask the Chief
Justice how he became both the Republican and Democratic
nominee for Governor of California."
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Colin Zick – Foley Hoag "I would want
to have lunch with Benjamin Cardozo, so I could ask him about
something I learned in a law school seminar: that he
apparently made up some of the key facts reported in his
decision in Palsgraf v. Long Island Rail Road
Co."
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Louis Tompros – WilmerHale "I would
want to have lunch with Justice Thurgood Marshall -- in part
to hear about his remarkable collection of Supreme Court
opinions, but even more because of his work before being
appointed to the Court. What other Justice could you
have lunch with and get an insider's history of the Civil
Rights Movement, a view into the fascinating politics of the
Kennedy and Johnson administrations, and advice about how to
become one of the most successful appellate advocates in
history?"
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Vivian Tseng – Welch Foods, Inc I would
love to have lunch with Justice Thurgood Marshall so that I
can ask him about his evaluation of racial equality today and
ask him how he feels about Justice Clarence Thomas taking the
"Marshall seat." |
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Bruce D. Jobse - Burns & Levinson,
LLP "I would like to have lunch with William
Cushing, Associate Justice of the original US Supreme Court;
nominated by George Washington and the longest-serving of the
Court's original members (September 26, 1789 – September 13,
1810). My home stands on part of his former estate in
Scituate, MA and there are numerous rumors and legends about
the property and neighboring structures for which I would like
to hear the real story."
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John A. Shope - Foley Hoag LLP "I would
want to have lunch with Joseph Story, not only because he was
so influential (especially in his Commentaries on the
Constitution of the United States), but also because he was
from Massachusetts (Marblehead and Salem in particular) and
because he sat on the Court during an extremely important
formative period. He was the youngest person ever
appointed to the Supreme Court, and, despite, or perhaps
because of that, one of the most influential, arguably second
only to his contemporary, Chief Justice John
Marshall." |
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Macey Russell - Choate Hall &
Stewart "Chief Justice Earl Warren is my
choice. Showing remarkable leadership and courage, he
guided the Supreme Court to overturn the legalized segregation
of our public schools in Brown v. Board of Education. I
would ask him, "What was the tipping point for you?"
Without Justice Warren and the Brown decision, our country
would not have the diversity in government and business it has
today."
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Andrew Cohn – WilmerHale "I would like
to dine with Oliver Wendell Homes, Jr. because of his
assertion that to be a civilized person one had to have at
least once doubted one's own deepest convictions. Exploring
that topic with Justice Holmes over lunch might provide
insights for dealing with our current world filled with
spouters of highly polarized 'certainties'."
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Terry Segal – Duane Morris "Chief
Justice Earl Warren; he is my judicial hero for his decision
for a unanimous Court outlawing school segregation in Brown v.
Board of Education. At lunch, I would ask him how he got the
other 8 Justices to make the Brown decision
unanimous."
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Lawrence Cetrulo– Cetrulo & Capone
LLP "My choice for breaking bread with a Supreme
Court Justice would be Oliver Wendell Holmes, well known to be
an intensely talkative luncheon companion, "with a light,
combative manner and a knack for verse rhythms and
imagery." I would be interested to hear about his Civil
War experiences as a lieutenant in the Twentieth Massachusetts
Volunteer Infantry who was nearly fatally wounded at Ball’s
Bluff and at Antietam. I would also like to discuss with
him his recommendation of legendary Boston trial lawyer, Lee
Friedman, to the Superior Court bench in 1903. Mr.
Friedman was the mentor of my mentor, Thomas D. Burns, marking
four degrees of separation between yours truly and the eminent
Mr. Justice Holmes."
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*This week's question yielded well in excess of 200 responses
- a Voices of the Bar record. Any responses not appearing in the
June 6 edition of BBA Week will appear on www.bostonbar.org
on Monday, June 6. We thank you for your
understanding. | |