The Marble Palace Blog: What SCOTUS Lawyers Look Like
A solo appellate lawyer discusses why he made a photo collage to visualize the diversity of the lawyers arguing before the Supreme Court this term.
October 06, 2021 at 06:00 PM
4 minute read
LitigatorsThe dearth of diversity in the Supreme Court community still lingers. That may explain why court advocates and aficionados scrutinize the "hearing list" that the court releases to the public a few days before each cycle of oral arguments begin.
It lists all of the lawyers who will be at the lectern (aka hearings,) and there is often a rush to see how many of the lawyers are white, male, female or of color.
For example, on Oct. 1, several Supreme Court watchers tweeted about the hearing list at ungodly hours, reporting how many lawyers are arguing, and what their gender or ethnicity might be. Early that morning, SCOTUSBlog's Amy Howe exclaimed that for the October arguments, 20 lawyers will speak, including seven women, two of whom are from the Solicitor General's Office.
Later in the day, though, Alan Mygatt-Tauber, a solo appellate lawyer based in Washington state, posted on Twitter a more powerful tally of the lawyers. Instead of mere numbers, Mygatt-Tauber put together a collage of photos of every lawyer scheduled to argue in the October cycle. Viewing facial photos make for an entirely different experience in assessing the cohort of Supreme Court practitioners:
SCOTUS finally released a hearing list for the October sitting. 20 advocates. A surprising amount of diversity, including 7 women and 2 women of color! pic.twitter.com/6BZsLNRWP3
— Alan Mygatt-Tauber (@AMTAppeals) October 2, 2021
Accompanying the photo collage, Mygatt-Tauber reported on Twitter: "SCOTUS finally released a hearing list for the October sitting. 20 advocates. A surprising amount of diversity, including 7 women and 2 women of color!"
The collage of photos includes familiar faces like David Frederick, partner at Kellogg, Hansen, Todd, Figel & Frederick; Jeff Fisher of the Stanford Law School Supreme Court Litigation Clinic; and Neal Katyal, partner at Hogan Lovells. But there are several new advocates as well, including at least one, if not two, women of color: Fadwa Hammond, solicitor general of Michigan, and Tasha Bahal, counsel at Wilmer Cutler Pickering Hale and Dorr.
Mygatt-Tauber, a semiprofessional photographer, has been culling photos of upcoming Supreme Court advocates since the March 2021 sitting. In addition, he has since gone as far back as 2018 for similar collages of advocates for each argument cycle. He finds the photos from law firm websites and C-SPAN snapshots, among other sources.
Why did he undertake this project? In an interview Mygatt-Tauber said that listening to Leah Litman, Kate Shaw and Melissa Murray on their Strict Scrutiny podcast compelled him to use photography to visualize their frequent discussions about the lack of diversity at the high court and elsewhere.
"I was thinking about that, and I felt like it's one thing to hear these numbers, but photography is such a visual meaning for me," he said. "Think about the impact that a photo can have, and that a picture is worth a thousand words."
With photography, he added, "You can really just see how, at the upper echelons, we're still very white, we're still very male and we're still very white male. I think in the last three terms, if memory serves, only one woman of color has argued at the high court. I refuse to believe there's only one woman of color who's reached the level where they would be arguing in the Supreme Court."
He has also done photographic groupings of solicitors general through history, and lawyers who have been invited by the court to argue when one side or the other of a case has backed out. Separately, he also produced a portfolio titled "What a Lawyer Looks Like."
Kate Shaw, law professor at the Benjamin N. Cardozo School of Law, praised Mygatt-Tauber's work: "It's sometimes difficult to effectively translate the court's work to the public, and I think that's in part because it's hard to produce visual stories about the Court. That's why I think his projects are so valuable—they drive home, through purely visual storytelling, what a small and homogeneous group the justices hear from as they decide issues of tremendous consequence for the entire country."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLatham & Watkins Adds Regulatory Partner to Strengthen West Coast Crypto Presence
4 minute read'Parting Shot': SEC Issues Wells Notice to Immutable Ahead of US Election
3 minute readLaw Firms Mentioned
Trending Stories
- 1Read the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
- 2Voir Dire Voyeur: I Find Out What Kind of Juror I’d Be
- 3When It Comes to Local Law 97 Compliance, You’ve Gotta Have (Good) Faith
- 4Legal Speak at General Counsel Conference East 2024: Virginia Griffith, Director of Business Development at OutsideGC
- 5Legal Speak at General Counsel Conference East 2024: Bill Tanenbaum, Partner & Chair, AI & Data Law Practice Group at Moses Singer
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250