"Never dance with a Cuban."

That was Justice Sonia Sotomayor, speaking at an event at Yale with Justices Thomas and Alito (see post below for more on the event and Alito getting turned away from brunch).  The Washington Post covers Justice Sotomayor's dance preferences:

The justice, whose family hails from Puerto Rico, said that as an appeals court judge, she was often invited to Hispanic events where salsa was being played. But she was a “potted plant” who never learned the steps.
So around age 50, Sotomayor took lessons and made a discovery: “I cannot keep a beat to save my life. But I have a facility that some of my colleagues would find very strange: I can follow.”
Amid the laughter, Sotomayor said that what she needs is a partner who can lead.
“Among Hispanic men, the best dancers in terms of keeping a beat are Dominicans, the worst are Cubans,” Sotomayor continued. “Dominicans have big, big steps--”
A doubled-over and guffawing Thomas interrupted: “That’s profiling!”
“It is, but it proves itself right a lot,” Sotomayor continued. “Cubans have these very tight little steps. Never dance with a Cuban. And Puerto Ricans I can dance with, too.”
It was the perfect set-up for the conservative Alito, with whom liberal Sotomayor frequently disagrees.
“It’s a revelation to know that Sonia likes to follow,” Alito said. “I think we’re going to start dancing in the conference room.”

“Well, he should have made a reservation. We get very busy for brunch.” -- hostess after turning Justice Alito away for brunch

Above the Law has a cute story about Justice Alito being turned away for brunch yesterday and how he handled it graciously.  This shouldn't be a big deal obviously, but when you have judges yelling at store clerks to take down signs, it's nice to hear that some judges have manners.

Anyway, three Justices were in New Haven giving a talk.  Per the NY Times:

Justice Thomas, 66, has apparently mellowed the most. He acknowledged being a “cynical and negative” law student, blaming immaturity and the unsettled political climate of the early 1970s. “I cannot say we were thinking straight about a lot of things, even if we were not using illegal substances,” he said.

“I wish I came here at a time when I could have been more positive,” he added. “There is so much here that I walked right by.”

For years, Justice Thomas had refused to return to Yale. In his 2007 memoir, “My Grandfather’s Son,” he wrote that his law degree had been tainted by affirmative action. He had, he wrote, “learned the hard way that a law degree from Yale meant one thing for white graduates and another for blacks, no matter how much anyone denied it.”

He added that he had “peeled a 15-cent price sticker off a package of cigars and stuck it on the frame of my law degree to remind myself of the mistake I’d made by going to Yale.”

***

Justice Sotomayor, 60, has written that she was admitted to the law school with the help of affirmative action and that she found her time here intimidating and inspiring. She has been a frequent visitor and honoree, often drawing huge crowds, particularly after the publication of her own memoir, “My Beloved World.”

On Saturday, she said she is a poor dancer but loves salsa and does well with a strong partner. “I have a facility that some of my colleagues would find very strange,” she said. “I can follow.”

Justice Alito looked shocked. “It’s a revelation to me that Sonia likes to follow,” he said. “I think we’re going to start dancing at conference.”

The justices were questioned by Kate Stith, a law professor at Yale. She asked Justice Alito what he had been reading.

“I have two books that are inspirational,” he responded. “I keep them on a table by my bed, and I try to read a little bit of them every night. It’s ‘My Grandfather’s Son’ and ‘My Beloved World.’ ”

***

The six other justices all attended Harvard Law School, though Justice Ruth Bader Ginsburg transferred to and graduated from Columbia Law School.

Chief Justice John G. Roberts Jr., who has two Harvard degrees, was once asked whether it is healthy for the Supreme Court to consist of only justices with degrees from elite institutions.

“First of all, I disagree with your premise,” he responded. “Not all of the justices went to elite institutions. Some went to Yale.”

Speaking of judges having manners, Chief Judge Michael Moore says that Judge Cooke does not need to recuse in the Miccosukee case.  Judge Moore really did a solid for his colleague.  From the DBR:

Cooke was critical of Bernardo Roman III, the tribe's attorney who filed the federal litigation against his predecessors. Cooke said at one point that Roman "probably never read the rule of ethics."
"The court finds that these statements, while indicative of Judge Cooke's understandable frustration with the parties and proceedings, in no way demonstrate a bias or partiality," Moore wrote.
Cooke dismissed with prejudice the tribe's lawsuit on jurisdictional grounds against its former Miami attorneys: Guy Lewis and Michael Tein of Lewis Tein and Dexter Lehtinen of Lehtinen Schultz Riedi Catalano de la Fuente.

 Here's the whole order.

11th Circuit "emergency" over

On October 17, the 11th Circuit, per Chief Judge Carnes, issued an order putting an end to the emergency order that allowed cases to be decided by panels with only one active 11th Circuit judge.  Now we are back to at least 2 11th Circuit judges per panel.

Aly Palmer of the Daily Report has this story:

With his court back to nearly full strength, the chief judge of the U.S. Court of Appeals for the Eleventh Circuit has announced the end of a court emergency.
In December, Chief Judge Edward Carnes declared an emergency, saying that cases could be decided by three-judge panels composed of only one of the court's judges plus two visiting judges. At the time, four of the court's 12 slots were vacant.
Since then, three vacancies have been filled. Most recently, Judge Jill Pryor of Atlanta started work two weeks ago. On Friday, Carnes signed a new order declaring the emergency over.
Friday's order suggested that the public will continue to see decisions from panels that include only one member of the court. Carnes explained that panels composed of fewer than two Eleventh Circuit judges that have had any appeals either orally argued or submitted to them for decision before Friday remain authorized to decide the cases.
Federal law says that when federal appeals courts decide cases by three-judge panels, at least two of the judges must be members of that particular appeals court. An exception includes the chief judge's ability to certify an "emergency."

Meantime, the big federal bar shindig tonight is at the JW Marriott.  Who is in?

Judge Gold formally retires

The blog reported back in August the sad news that Judge Gold was formally retiring this month and that he would close his chambers and take inactive status.  John Pacenti of the Daily Business Review covered the story last week and reports that Judge Gold is happy about moving on to the next phase of his life:

But for now, he is focused on his baby granddaughter in New York. His wife, Susan F. Gold, retired last year as an associate professor of pediatrics and education at the University of Miami, and they want to focus on family and travel.
"It's about at this phase in my life, reprioritizing while I'm healthy," he told the Daily Business Review. "We wanted to explore really other interests in our lives together and independently."
Gold was appointed by President Bill Clinton in 1997 after serving as a state circuit judge, an attorney with Greenberg Traurig and a Miami-Dade County attorney. He took senior status in 2011.
"This is a tough week because there is a sense of sweet sorrow in retrospect, but also an excitement about living a mindful phase of my life," the 70-year-old judge said. "At this stage, it's time to ask your next question: Who are you now, and what is it you want to do with the time you have left?"
***
U.S. District Judge Federico Moreno said Gold was one of the hardest-working judges in the district."He always has been one of our more scholarly judges," Moreno said. "We are going to miss him because he was such a hard worker, but I'm delighted he wants to spend more time with his family. He certainly deserves a break." 

Judge Gold was at Judge Bloom's investiture last week and looked great. 


He handled some of the biggest cases in this district -- Exxon, UBS, Shaygan...  But more importantly than the brilliant way he handled those cases was that he was a great person and made everyone feel like they were getting a fair shake.  He'll be missed on the bench.

Supreme Court oral argument should be televised

John Oliver is so good: