All eyes will be on the bench at the Supreme Court today, as the court returns to action following its winter recess. Justice Ruth Bader Ginsburg, recovering from lung cancer surgery, is expected to be sitting, the first time in weeks. We've got a spotlight below on the lawyers expected to argue in upcoming cases. And take a look at Justice Sotomayor's Valentine's Day tribute to Justice Gorsuch—“a lovely person,” she called him. And it wasn't the first time Chief Justice Roberts delivered an oath to an attorney general. Thanks for reading, and contact us at [email protected] and [email protected].

Snapshot: See Who's Arguing Upcoming Cases

With only six arguments during this argument cycle—well shy of the usual 12—and only two arguments this week, here is a quick rundown of the lawyers we will see at the lectern:

>> First up today in the America Invents Act case of Return Mail v. USPS is Covington & Burling partner Beth Brinkmann, marking her first argument at the high court since 2008. Before then she argued 24 times at the court as an assistant to the solicitor general and at Morrison & Foerster. Between then and now, she was deputy assistant attorney general in the civil division in the Obama administration, heading to Covington in 2017. But that long lacuna doesn't mean she hasn't kept up with the high court at both Justice and Covington. As Brinkmann put it in an email, “The extensive involvement in litigation strategy moving toward and in the Supreme Court is one of several great aspects of the Civil Appellate deputy's job.”

>> By our count, 15 lawyers will argue during this cycle, only five of them women. And of the women, only two are in private law firm practice: Brinkmann and Danielle Spinelli, partner at Wilmer Cutler Pickering Hale and Dorr. Spinelli will represent petitioner in Mission Product Holdings v. Tempnology, a bankruptcy case with IP implications, going up against Douglas Hallward-Driemeier, partner at Ropes & Gray.

>> The only case in which two women will argue is Mont v. United States, a sentencing case set for February 26. Vanessa Malone, federal public defender from Akron Ohio represents Jason Mont, while Jenny Ellickson, assistant to the U.S. solicitor general, argues for the United States. Ellickson is a criminal appellate Justice Department lawyer who was detailed to the SG's office last summer. Both will be making their Supreme Court debuts.

>> Last, but definitely not least, will be the expanded 70-minute argument in American Legion v. American Humanist Association and Maryland-National Capital Park and Planning Commission v. American Humanist Association, the dispute over maintaining a “peace cross” on public land in Maryland. Must watch: the unusual pairing of Hogan & Lovells partner Neal Katyal—mild-mannered, liberal and direct—with Michael Carvin of Jones Day—no nonsense, aggressive and conservative. They'll both argue in defense of the cross, as will Acting Solicitor General Jeffrey Wall—designated as such because Noel Francisco's Jones Day ties forced him to recuse. Arguing on the other side will be Monica Miller, senior counsel of the American Humanist Association.

Sotomayor Calls Gorsuch a 'Lovely Person'

We've written before about the interesting pairing of Justices Sonia Sotomayor and Neil Gorsuch in certain court cases. During a public conversation at the Law Library of Congress February 14, Sotomayor confirmed that their friendship extends beyond occasional voting patterns and their common work to promote civics education. Some of her comments:

>> “It's fun to work with him. People are reporting that we're constantly laughing on the bench together. We can poke fun at each other, and it is poking fun. It's not criticism. It's not anger. It's just enjoyment of each other as people. He's a lovely person.”

>> “We've agreed on a couple of things. And one of the things we're most committed to is civic education, both of us. And it didn't matter to me that he wasn't voting with me more often. Although obviously, I would hope over time I'll convince him more.”

>> “If you've seen some of [the court's] writing, you know that in writing we go head to head, and we're not always so civil in writing. We're trying to fix that up, but we're not always as civil as I would like, including me.”

Justices Deliver Oaths to Republican AGs

Last week, Chief Justice John Roberts Jr. took a spin over to 1600 Pennsylvania Avenue—to deliver an oath of office. Roberts swore in William Barr, the former Kirkland & Ellis counsel who's succeeding Jeff Sessions at the helm of the U.S. Justice Department.

This wasn't Roberts's first time delivering an oath to a Senate-confirmed U.S. attorney general. Roberts delivered the oath in 2007 to Michael Mukasey, the retired judge who's now of counsel to Debevoise & Plimpton. Mukasey served at Main Justice at the end of the George W. Bush administration.

Then-Justice Sandra Day O'Connor delivered the oath of office in 2005 to Alberto Gonzales as attorney general. Gonzales is now the dean of Belmont University College of Law, and he had occasion recently to sit down with Roberts. Earlier, in 2001, it was Justice Clarence Thomas who delivered the oath to John Ashcroft.

Former Vice President Joe Biden delivered the oaths of office to Eric Holder and Loretta Lynch, the first and second U.S. attorneys general, respectively, during the Obama administration.

Senator Sheldon Whitehouse (D-RI) during a Senate Judiciary Committee hearing on Wednesday, February 13, 2019.

What We're Reading: Supreme Court Headlines

>> “Under Roberts, justices appointed by Republican presidents have, with remarkable consistency, delivered rulings that advantage big corporate and special interests that are, in turn, the political lifeblood of the Republican Party. The 'Roberts Five' are causing a crisis of credibility that is rippling through the entire judiciary,” U.S. Sen. Sheldon Whitehouse, D-Rhode Island, writes. [NLJ]

>> “Misha Tseytlin, former Wisconsin solicitor general, wants to build at Troutman Sanders what he formed for the state of Wisconsin: A team of successful appellate lawyers. And he sees plenty of demand for it,” Roy Strom, our colleague in Chicago, writes. Tseytlin, a newly named partner at the firm, has quickly returned to the high court, filing an amicus brief on behalf of U.S. representatives from North Carolina in a redistricting case. [NLJ]

>> The case Flowers v. Mississippi, set for argument in March, could “put some teeth into Batson v. Kentucky, a 1986 decision that made an exception to the centuries-old rule that peremptory challenges are completely discretionary and cannot be second-guessed.” [New York Times]

>> “Mandatory bar dues are under attack in at least three court challenges that rely on the recent U.S. Supreme Court decision striking down the requirement that nonunion public sector employees pay their “fair share” costs for collective bargaining.” [NLJ]

>> “In the pipeline are at least 20 lawsuits, in various stages of judicial review, that have the potential to be decided in ways that could significantly change the rights laid out in the 1973 Roe v. Wade ruling, and refined almost two decades later in Planned Parenthood v. Casey.” [The Washington Post]

>>Justice Ruth Bader Ginsburg, recovering from cancer surgery, attended last Friday's private conference at the Supreme Court, marking her return to the court. [NYT]

>> “Former Arizona Sheriff Joe Arpaio is back at the Supreme Court fighting critics who want to invalidate his pardon by President Donald Trump.” [Bloomberg Law]