The Marble Palace Blog: A Former Law Clerk's Favorite SCOTUS Movie
A former clerk reminisces about his favorite Supreme Court-related movie. What's your favorite SCOTUS movie?
February 18, 2022 at 09:31 AM
3 minute read
Thank you for reading The Marble Palace Blog, which I hope will inform and surprise you about the Supreme Court of the United States. My name is Tony Mauro. I've covered the Supreme Court since 1979 and for ALM since 2000. I semiretired in 2019, but I am still fascinated by the high court. I'll welcome any tips or suggestions for topics to write about. You can reach me at [email protected].
Former William & Mary Law School dean Thomas Krattenmaker has retired at age 79, though he still has a few clients. But he still gets a lot of phone calls from people seeking his expertise about a long-ago Supreme Court decision titled Clay v. United States.
Why? Because he was a former law clerk to Justice John Harlan II in 1971, one of the key justices who persuaded the Supreme Court to reverse, on procedural grounds, the conviction of Muhammad Ali for refusing to report for induction in the military. (Cassius Clay Jr. was Ali's previous name.)
One of the latest phone calls Krattenmaker received (apart from mine) was from the production company of Ken Burns, whose four-part series on Muhammad Ali was aired by PBS last fall. Krattenmaker made several appearances in the documentary to explain how Ali won after most of the justices had originally thought Ali should be convicted.
Krattenmaker thought the documentary was a good one, but to be honest, Krattenmaker continued, "I don't mind being quoted in saying I think the best movie ever made about the Supreme Court was 'Muhammad Ali's Greatest Fight,'" a 2013 HBO movie about Ali's legal battle.
"You have to realize that's a fairly low bar," Krattenmaker mused. "I think the other two cases about the court that I can think of are 'First Monday in October' [from 1981] and 'The Magnificent Yankee' [from 1950]." Krattenmaker was quick to acknowledge that other newer Supreme Court films such as "RBG" and "On the Basis of Sex," as well as "Amistad," in which Justice Harry Blackmun played a cameo role, have merit.
Of course, Krattenmaker may have a bias toward the HBO movie. He was recruited as a consultant for the movie to bring as much authenticity as possible.
In a 2013 interview, Krattenmaker told me the HBO movie was fairly accurate in showing the inner workings and deliberations of the Supreme Court. Famed actor Christopher Plummer, recently deceased, played Harlan, and Krattenmaker said, "Plummer was Harlan. He looks like him, sounds like him." (IMHO, it is a movie worth watching for those who want to learn about how the court works.)
Krattenmaker made several suggestions to the director for the sake of accuracy. Informed by Krattenmaker that Harlan's whiskey of choice was Rebel Yell, the filmmakers made the substitution—even making sure that they showed a bottle with the label that was used in 1971. Krattenmaker himself was portrayed by an actor as one of several law clerks who got involved in a fist fight between liberals and conservatives. Krattenmaker said no such fight occurred in reality.
Movies and television shows that attempt to reveal the inside working of the court often include law clerk fisticuffs and romances. Faced with the reality that the court can be a somnolent institution, directors often hype it with "West Wing"-style intensity, including scenes involving hot young law clerks.
When CBS in 2002 launched aTV series titled "First Monday," veteran advocate Carter Phillips of Sidley Austin watched it and famously called it "vomitous."
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 AllSenate Judiciary Dems Release Report on Supreme Court Ethics
Who Knocked on the Supreme Court’s Door in November?
Supreme Court Takes Up TikTok's Challenge to Upcoming Ban or Sale
Justices Wade Into South Carolina's Medicaid Fight With Planned Parenthood
Law Firms Mentioned
Trending Stories
- 1Holland & Knight Launches Export Control Disputes and Advocacy Team
- 2Blake Lively's claims that movie co-star launched smear campaign gets support in publicist's suit
- 3Middle District of Pennsylvania's U.S. Attorney Announces Resignation
- 4Vinson & Elkins: Traditional Energy Practice Meets Energy Transition
- 5After 2024's Regulatory Tsunami, Financial Services Firms Hope Storm Clouds Break
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