What does it take to argue in front of the Supreme Court? Simple enough question — you need to have a niche legal issue that needs resolving. But making it to the Supreme Court twice within the same week? That’s a tall order! If I were to guesstimate the requirements, I’d say it takes 10% luck, 20% skill, 15% concentrated power of will, 5% pleasure, 50% pain, and a very specific series of conflicts that put you in the position to have your name remembered. From Bloomberg Law:
Attorney conflict rules landed law professor Eric Schnapper a pair of blockbuster US Supreme Court social media cases that could limit the scope of tech company protections.
Robert Tolchin, who represents the families of terror victims suing the tech giants, says many high court specialists were conflicted out of the cases set for argument Feb. 21 and 22 involving Google, Twitter, and Facebook.
Whoa. This is not to cut at his credentials — his legal career speaks for itself. It does go to show that being at the right place at the right time can get you to the top.
That’s why [Tolchin] reached out to Schnapper, a go-to employment discrimination lawyer who spent 25 years at the NAACP Legal Defense and Education Fund, Inc. and now teaches at the University of Washington. Schnapper has argued 22 times before the justices over a half century, which made him a good bet despite having little experience with tech clients.
There you have it. Keep your friends close and your conflicts of interest closer. Oh, and try not to be visibly underprepared during oral arguments.
Law Professor Lands High Court Tech Cases Due to Conflict Rules [Bloomberg Law]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
