SCOTUS visits fascinating

April 8, 2010
Back to TopCommentsE-mailPrintBookmark and Share
Reporter Michael W. Hoskins wrote this post.

You can always expect a legal community showing when one of the nation’s top jurists visits. That was the case Wednesday when Chief Justice John Roberts made his way to the Indiana University School of Law – Indianapolis.

He was the fifth justice from the Supreme Court of the United States to visit the school in some capacity during the past decade, the third since 2002 as part of the ongoing James P. White lecture series. The others were: Justice Sandra Day O’Connor in 2002; Justice Ruth Bader Ginsburg in 2007, and now the chief justice. Justice Anthony Kennedy spoke at the law school dedication in 2001, while Justice Samuel Alito visited in September 2007.

In my own experience, I’ve managed to see and hear four justices speak since moving to Indiana six years ago – Justices Ginsburg, Alito, O’Connor, and now Chief Justice Roberts.

Justice Ginsburg focused on the historical role of women in the courts and Chief Justice Roberts focused on the high court’s historical evolution in the past century. Justice Alito came as part of a different event to discuss the sometimes-stressed relationships between Congress and the courts. Justice O’Connor spoke about globalization, saying, “Understanding international law is no longer a specialty, it is a duty. We will rely increasingly on foreign and international law in resolving domestic legal questions.

Personally, I heard her speak last year at a St. Joseph Bar Association event in South Bend about judicial independence and merit selection– a topic that she’s passionately focused on in her retirement.

While I’ve not personally witnessed Justice John Paul Stevens speak, he is a regular visitor at the 7th Circuit Conference and Bar Association annual meetings and often talks about his experiences and the past year’s happenings. Last year, he wasn’t able to attend the event in Indianapolis.

All were interesting and fascinating events to attend, with a high-ranking roster of Who’s Who from the Hoosier legal community at both state and federal levels. But by comparison, Chief Justice Roberts seemed to offer less substance than those in the past. It seemed to be more of a show than a substantive speech. Growing up in Indiana, Chief Justice Roberts spent little time addressing the current conditions or more pressing issues of the time as some of his colleagues have done.

He also touched on his Hoosier roots, and it was noted that his first real legal job was as a summer clerkship at Indianapolis firm Ice Miller.

Obviously, neither he nor the other visiting active justices could talk about specific cases or legal issues they might someday face. But the Q-and-A session following the lecture brought some interesting tidbits, as he talked about his Midwestern roots and how that impacts the courts, his thoughts about possibly sitting in designation at the trial court level, and even a point about the possible retirement of longtime Justice Stevens, who could soon announce whether he plans to retire this year. That latter point was that Justice Stevens’ retirement could be happening “soon,” though there was no expansion on that.

One of the most intriguing questions came from U.S. Judge Sarah Evans Barker in the Southern District of Indiana, who asked the chief justice about whether he’d ever consider presiding over a case at the lower level.

“To be fair, I wouldn’t do it in a million years,” he said, noting that his predecessor had done it.

Chief Justice William Rehnquist presided over a Virginia case and was later reversed by the 4th Circuit Court of Appeals. But the chief justice said what bothered his predecessor the most wasn’t the fact that he was reversed but that the appellate court had done it in a per curiam decision so no one had signed their name to it.

If he were ever to sit in designation at the District level, Chief Justice Roberts said he’d want a civil case and not a criminal case. From his appellate experience, he’d want to avoid sentencing and mandatory minimum sentences that he viewed as “gut-wrenching” decisions for a judge to decide.

Still, despite what any particular justice talks about during their presentations, it’s always a pleasure to hear from someone who sits or has sat at the nation’s highest court.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

ADVERTISEMENT