Advisory Opinions

Lisa, Sarah, and Sarah (and David)

Oct 5, 2023
Partners Lisa Blatt and Sarah Harris share their experiences arguing before Justice Scalia, the pros and cons of careerism, dangers of wearing cowboy boots in court, and different forms of originalism. They discuss being women in law, changing societal expectations, and the legality of CBD. They also mention an intriguing case involving Starbucks and pumpkin spice lattes.
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INSIGHT

Narrow Rulings Can Still Shift Power

  • Some blockbuster cases can be resolved narrowly; administrative-law and agency-structure cases may produce larger systemic changes.
  • The Court may chip away at Chevron rather than fully overrule it, producing intermediate doctrinal shifts.
ANECDOTE

Ginsburg's Dressing Advice

  • Justice Ginsburg advised Lisa to avoid distracting clothing and be as physically invisible as possible in court.
  • Lisa followed that guidance and coaches others to keep courtroom attire bland to focus attention on arguments.
ADVICE

Push Juniors Into Real Roles

  • Mentors should promote talented juniors by giving them real chances and risking their own credit.
  • If you spot talent, push for their assignments and vouch that you'd trust them with your life.
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