Lawyer turned writer, speaker, podcaster: Original Jurisdiction, https://xitter.cf/t.co/hBEAtRCUxV. Columnist, Bloomberg Law. Founding editor, AboveTheLaw/@ATLblog.
New Jersey, USA
Joined April 2008
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There actually wasn't much editing of my interview with @SherifGirgis, but thanks to him anyway for the kind words—and for joining me for a great conversation about originalism, #SCOTUS, and more!
(And thanks to @TommyHarron for editing the audio!)
The Disappointed Originalist: Sherif Girgis
The future @Harvard_Law professor explains why he still adheres to originalism, while recognizing the challenges it faces as a theory of constitutional interpretation.
LINK: bit.ly/4i2u0Zi - #SCOTUS
David Lat retweeted
Assuming there are only four Bristow Fellows for 2027.
I believe I have the names of the 2027 Bristow Fellows at the Office of the Solicitor General.
They're from @StanfordLaw (2026), @Harvard_Law (2025), @NDLaw (2024), and @CornellLaw (2024).
If I'm missing anyone, please LMK. I'll post soon. Thanks! #SCOTUS
In "Judicial Notice Supplement (10.11.26): High Drama":
- prosecutors getting probed
- an associate’s argument before #SCOTUS
- an update on Judge Newman
- the use of AI at sentencing
- Kimberly Guilfoyle (note the UPDATE)
LINK: bit.ly/4jT83OG
In "Judicial Notice (10.11.26): Audition":
- Judge Ho’s latest writing
- Sullivan & Cromwell’s new appellate leaders
- a RICO lawsuit—targeting a plaintiffs’ firm
LINK: bit.ly/4e1PiF2
In Praise Of A ‘Boring’ Supreme Court Term
Instead of landmark litigation about heady questions of constitutional law, #SCOTUS has teed up a ton of technical cases turning on statutory interpretation.
LINK: bit.ly/4BeEDB5
David Lat retweeted
News: DOJ is seeking a federal criminal indictment of former WH aide Cassidy Hutchinson on charges of lying to Congress in her Jan. 6 testimony
DOJ's Civil Rights Division brought evidence to a federal grand jury on Tuesday and is expected to present more evidence and additional witnesses later this month, per sources familiar with the plans. Hutchinson has not been subpoenaed to appear before the grand jury, per the sources
MORE to come on this news from me and @bresreports in @PunchbowlNews Midday. Text subscribers got it first
David Lat retweeted
Justice Samuel Alito tells Bloomberg News he isn't planning to rush a lame duck retirement if Democrats win the Senate (as a way to let Trump/GOP replace him). "I intend to stick around through this term," Alito says. The term runs through June. news.bloomberglaw.com/us-law…
I believe I have the names of the 2027 Bristow Fellows at the Office of the Solicitor General.
They're from @StanfordLaw (2026), @Harvard_Law (2025), @NDLaw (2024), and @CornellLaw (2024).
If I'm missing anyone, please LMK. I'll post soon. Thanks! #SCOTUS
In "Judicial Notice Supplement (10.04.26): Snubbed":
- Chief Justice Roberts gets the cold shoulder
- Quinn Emanuel racks up 7 wins
- Wachtell Lipton hires a leading litigator
LINK: bit.ly/47FTBCl - #SCOTUS
Bristow Fellow hiring was unusually early this year. I recall that it has been as late as shortly before Thanksgiving in past years.
(But please correct me if I'm wrong. Sometimes things happen, but I don't hear about them until weeks later.)
#SCOTUS
A3G's sources work fast! Now missing only one 2027 Bristow Fellow. (The third is a 2024 @CornellLaw alum.)
The 2027 Bristow Fellows have been hired by the Office of the Solicitor General at the U.S. Department of Justice.
I know of two: a 2026 @StanfordLaw grad, and a 2025 @Harvard_Law grad.
Please drop me a line if you know of others. Thanks!
David Lat retweeted
“Judicial Notice (10.04.26): The Horror, The Horror; Viral moments for Senators Schmitt and Britt, Justice Alito’s retirement reflections, a great week for Latham, and more movement in the Supreme Court bar.” David Lat has this post at his “Original howappealing.abovethelaw.com…
In "Judicial Notice (10.04.26): The Horror, The Horror":
- viral moments for Sen. @Eric_Schmitt and @SenKatieBritt
- Justice Alito’s retirement reflections
- a great week for Latham
- more movement in the #SCOTUS bar
LINK: bit.ly/4huid6R
David Lat retweeted
I appreciate that! There’s huge interest in the Court, and for good reason. I’m lucky to work w a great group of people here who not only said yes to a 6500-word dotcom piece but also pushed to get clips on the network. Our pieces air tomorrow, starting with @CBSMornings
Dear @JanCBS, thank you for trusting readers to have enough of an attention span to absorb and appreciate this fascinating piece of long-form journalism on Justice Alito.
cbsnews.com/news/samuel-alit…
David Lat retweeted
I've tweeted before about how there was a shift around 2005-10 within the conservative legal movement away from originalism being just one of several approaches to being the one default approach. Justice Alito's 2006 confirmation hearings are an interesting example.
🧵
A must-read from today's WSJ by Justice Alito!
wsj.com/opinion/justice-samu…
David Lat retweeted
“‘There’s Always A Way’: Jaime Santos; Now at Proskauer, Santos discusses her path from a trailer park to Harvard Law, arguing before SCOTUS, and building a leading appellate and ERISA litigation practice.” You can access today’s new episode of David Lat’s howappealing.abovethelaw.com…
