US Supreme Court and Law Firms - The Power Game Has Changed

 Like the US Congress, the narrative about the US Supreme Court has shifted to power. 

And, Politico tells that story as Chief Justice John Roberts' losing power. Conservatives on the high court ignored his middle-of-the-ground legal stance on abortion. Not long before, this authority was bypassed as a draft of the abortion ruling had been leaked. He became Chief Justice in 2005. Now, he's essentially a lame duck. 

Simultaneously, Clarence Thomas is sucking up all the oxygen in media. His opinions, rooted in an originalist interpretation of the US Constitution, have dominated headlines. For progressives, this is the justice to monitor.

Likely, law firm Jones Day, which has a number of conservative clients, will concentrate on hiring Thomas' clerks. Annually Jones Day hires a large number of former SCOTUS clerks and is reported to pay them large sign-in bonuses.

At Paul Weiss, the star of the conservative head of its SCOTUS practice Kannon Shanmugam will gain new wattage. Some of us recall when Abovethelaw vilified Shanmugam's presence in that progressive firm. Currently, that seem quite naive. in a business sense. Clients want to win in that conservative high court.

Meanwhile, smirk: The Biden Administration victory of landing the first Black Woman - and a progressive - Ketanji Brown Jackson on SCOTUS seems like small potatoes. That will only maintain the "three" minority opinion. Those three can make a lot of noise in dissents. But, in reality they will have decreasing impact in the court of public opinion.

Media centers go with the big story and liberalism on SCOTUS is not even the story any more. The story is the What's Next in rulings by the conservative majority. A pox on Ruth Bader Ginsburg for not taking one for the team and retiring during the Obama Administration.

Also, one wonders about the reach of far-left legal influencers such as Elie Mystal. His current best-selling book is "Allow Me to Retort." Today, it's surged in Amazon rankings to the 300s category. His influence could intensify or fizzle out. 

The power issue, of course, dominates law firms. Next to media, they are probably the most powerful institution in the US.

Jones Day's power will probably increase. More of its partners will be interviewed by media about SCOTUS issues. New business will likely flood in.

Progressive law firms and their lobbyists probably will have to reset their strategies in order to maintain influence. Throwing money at it might no longer be the power tool it had been.

According to Blue Tent, the law firms which are the largest contributors to the Democratic Party are:

Paul Weiss

Kirkland & Ellis (which recently caved on representing second-amendment clients, so much for power)

Akin Gump

Latham 

Wilmer Hale. 

How can those law firms have that funding move the dial on overall political influence? After all, the legal has mutated into a process embedded with ideological points of view. 

This overlay of the urgency of influence will likely impact large progressive law firms in unique ways. When looking under the hood, ambitious journalists could be focusing on their political power, not just the litigation wins/settlements and high-value transactions. 

The boundaries between law and politics are increasingly blurred. There will be a search for who are the current real power brokers or king-makers in law firms, both progressive and conservative. 

Journalistic strategies and tactics (including creative non-fiction) to tell your story for publications and brands. Complimentary consultation janegenova374@gmail.com. No selling.

 

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