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Attention, Concerned Alumni of Yale: Justice Alito Gets (Green)housed

samuel alito harold koh linda greenhouse.JPGChristmas is less than three weeks away. Are you stumped about what to get for your liberal lawyer friends?

Assuming they're okay with Christmas gifts -- maybe they object to even personal celebration of the holiday -- have we got an idea for you: Harold Hongju Koh Bobblehead Dolls!!!

Harold Koh is the dean of Yale Law School. And he's an unapologetic liberal, regarded by some YLS students and alumni as allowing his personal political beliefs to affect his work as dean (not for the better). It's only natural for the Yale chapter of the ACS, a leading liberal organization, to honor him with a bobblehead doll.

Above the Law has just learned of another manifestation of Dean Koh's alleged political hackery. One of his deanly duties is to preside over the committee that selects a recipient for the Yale Law School Award of Merit. This prestigious and prominent honor is presented each year to an outstanding graduate or longtime faculty member of YLS.

We've heard that Dean Koh, short-circuiting any real discussion, essentially ordered that the 2007 Award of Merit would go to Linda Greenhouse -- the left-leaning Supreme Court correspondent of the New York Times. Other committee members proposed Justice Samuel Alito '75, confirmed earlier this year to the U.S. Supreme Court, as the most natural and appropriate choice. But Dean Koh squelched their support for the conservative jurist. He cut short the deliberations, declaring by fiat that Greenhouse -- who did a one-year master's program at Yale -- would receive the award.

Does this strike you as outrageous? It gets worse. The reasoning employed by Dean Koh -- to the extent that he employed reasoning, as opposed to simply forcing his pick upon the committee -- was pretty dubious.

Based on what we've heard, we've created a fictionalized transcript of the committee meeting. Check it out, after the jump.

This transcript is FICTIONALIZED. And a trifle satirical. But it is loosely based on what we've heard about the actual proceedings. Think of it as a "docudrama" of sorts.

Dean Koh: Thank you, everyone, for coming today. I really appreciate the fact that so many of you have traveled, some from very far away, to discuss who should receive the Yale Law School Association's Award of Merit.

Most of you already know this, but just to start off our deliberations, I'll read a short paragraph providing background about the award:

Since 1957, the Yale Law School Association has presented the Award of Merit annually to an esteemed graduate of Yale Law School or to a person who has served as a full-time member of the Yale Law School faculty for at least ten years. The recipients of the Award are recognized for having made a substantial contribution to public service or to the legal profession.

Now I'd like to open the floor to anyone who'd like to make a nomination or talk about possible nominees.

Committee Member 1: Well, in light of events earlier this year, I'd say that Sam Alito -- class of '75 -- is the obvious pick. As a recently confirmed justice of the Supreme Court, I think he'd be the hands-down choice.

Committee Member 2: I agree with [CM 1]. We've given the Award of Merit to a number of state supreme court justices -- Margaret Marshall [of Massachusetts], Drayton Nabers [of Alabama], and Randall Shepard [of Indiana]. So it would seem pretty logical to give it to a justice of the U.S. Supreme Court -- who served with distinction on a federal appeals court before that.

Dean Koh: Well, I think you're all on the right track in thinking about the Supreme Court. But I actually had a different nominee in mind.

The award has gone to numerous judges over the years. I was thinking that this year, we should give the award to a non-judge. Specifically, Linda Greenhouse, the Supreme Court correspondent for the New York Times.

Committee Member 3: Isn't the award supposed to go to a Law School alum or faculty member? Linda Greenhouse -- is she even a lawyer?

Dean Koh: No, she's not a lawyer -- but she IS a graduate of Yale Law School. She earned her Master of Studies here.

Committee Member 4: You mean that one-year program for legal journalists?

Deah Koh: Yes, that's right....

Committee Member 2: I think Greenhouse is a fine reporter, and maybe she should receive the award in a future year. But this year, we really should honor Justice Alito. Very few law schools can say that they have an alumnus or alumna on the U.S. Supreme Court -- and Yale has two, Alito and Thomas.

Deah Koh: Actually, you raise an important point. Clarence Thomas has been on the Court for many years, and we've never given him the Award of Merit. So I don't think it would be appropriate for us to honor Justice Alito, since we've never honored Justice Thomas.

Committee Member 1: But Harold, that was only because Justice Thomas REFUSED TO ACCEPT the award. Maybe you're not familiar with this -- it all happened before you were dean...

Committee Member 3: Thomas has had a rocky relationship with the Law School, ever since his confirmation hearings, when several faculty members and alumni testified against him. That's unfortunate. But that's definitely not the case with Alito.

Committee Member 2: I can confirm what [CM3] is saying. Justice Alito loves Yale -- I was at the Law School when he was, and spoke to him again around the time of his hearings, to wish him luck. Sam's very proud of being a Yale alum.

Dean Koh: But, I just don't... I mean, it would look like a slap at Justice Thomas. Justice Alito just joined the Court. Justice Thomas has been on the Court for some 15 years now. We can't give the award to Alito...

Committee Member 4: I think the Clarence Thomas comparison is inapposite, Harold. Justice Alito would be delighted to receive the Award of Merit, and he'd be a great pick.

Committee Member 1: Agreed. The Thomas point is a red herring -- he explicitly declined the award. Alito would not.

Dean Koh: But it really wouldn't... You see, Justice Thomas...

Committee Member 3: Look, why don't we at least contact Alito, as we did with Thomas, and see if he'd be willing to accept? If he declines, or expresses reservations, then fine, we can give it to Greenhouse.

Dean Koh: Look, I hate to do this, but I have to run -- I have another meeting to attend. But I don't think there's much left to discuss anyway.

I think we're all in agreement. The Award of Merit will go to Linda Greenhouse, for her superb coverage of the Supreme Court over the years.

(Koh gets up from his seat.)

So I thank you all for coming today, and I really appreciate your input into this process. Closer to the announcement, you'll receive a draft press release from the Office of Public Affairs. If you have any comments, please get back to them promptly.

I hope to see you at the reunion next year, when we'll make the official presentation of the award. Thanks again, everyone.

(The meeting concludes.)

Update: More about the story appears here.

Harold Hongju Koh Bobblehead Doll [American Constitution Society of Yale Law School via Instapundit]

Earlier: Prior ATL coverage of Harold Koh (scroll down)

Comments
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1 Posted by Witch (Juris) Doctor | Permalink Thursday, December 7, 2006 3:06 PM

I will buy a Koh bobblehead doll and perform VOODOO on it!!!

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2 Posted by Awesomeness | Permalink Thursday, December 7, 2006 3:07 PM

Cry me a river. This blog site loses its value when you stray away from the fun and frivolous gossip to the obvious (for right or wrong) political interjections. Something like this better left for Volokh or Rush Limbaugh.

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3 Posted by Unapologetic Liberal | Permalink Thursday, December 7, 2006 3:14 PM

More shilling for the conservatives...

That said, the "transcript" is pretty funny, in a Dilbertian/"The Office" way. It's not a bad depicition of many meetings in legal academia...

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4 Posted by fashion victim | Permalink Thursday, December 7, 2006 3:22 PM

Nice scarf, Linda G.!

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5 Posted by guest | Permalink Thursday, December 7, 2006 3:29 PM

If this transcript is even slightly close to accurate, you have to give it to him: Koh has cojones.

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6 Posted by anon | Permalink Thursday, December 7, 2006 3:58 PM

"More shilling for the conservatives..."? Why? Becasue he dares to mention something about liberals? Lat does his fair share of lampooning boths sides of the aisle, and does not shill for either side.

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7 Posted by guest | Permalink Thursday, December 7, 2006 4:04 PM

Koh's cold shoulder to conservative luminaries really is lame. It does a disservice to the conservative students here, who already have to endure a unanimously liberal faculty, and who would at least enjoy a conservative visitor now and again.

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8 Posted by guest | Permalink Thursday, December 7, 2006 4:49 PM

Sorry anon 3:58pm. I love D-Lat as much as the rest, but it's pretty obvious where his sympathies lie.

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9 Posted by guest | Permalink Thursday, December 7, 2006 5:52 PM

I'm not saying she should be canonized or anything, but Elena Kagan is just doing such a better job at HLS than Harold Koh is doing at YLS.

Both are liberal. But Kagan is more open-minded and tolerant of conservatives than Koh.

If Kagan ever gets nominated (again) to a federal appeals court, I wouldn't be surprised if her nomination goes through smoothly. Koh, on the other hand, could be making things difficult for himself if he ever wants to return to government (at least to a post requiring Senate approval).

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10 Posted by Anonymous | Permalink Thursday, December 7, 2006 6:30 PM

Call me naive, but I would like to see the dean of YLS working for the good of the school, not for himself.

It is disgusting how Koh is using the position of YLS dean to advance his own personal ambitions. It's well-known that he hopes to be appointed to the Supreme Court by the next Democratic president, and here he is trying to suck up to Greenhouse to get himself some good press. Outrageous to spurn Alito in such a self-serving fashion.

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11 Posted by Anonymous | Permalink Thursday, December 7, 2006 6:42 PM

You know that it is getting bad when an alum of your school can't help but make your dean look ridiculous.

The sad news about Kagan these days is that she made the official "short list" to be president at Harvard. She is doing a great job at the law school and the silly people over in FAS won't like her any more than Larry anyway!

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12 Posted by Anon Anon | Permalink Friday, December 8, 2006 3:23 AM

If Lat's story is true, that's pretty amazing. And incredibly embarrassing for Yale. (Outside of New Haven, the world is actually pretty comfortable with conservatives.)

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13 Posted by Just visiting | Permalink Friday, December 8, 2006 12:43 PM

Sounds more like Greenhouse may have something on Koh or he owes her a HUGE favor.

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14 Posted by buck turgidson | Permalink Friday, December 8, 2006 3:04 PM

I doubt that this reasoning went into the decision process, but here's what I think is a good point to make NOT to consider Alito for the award.

1) Alito has been the longest-serving appeals court judge prior to moving up
2) His record has been less distinguished than that of other judges who've spent a lot less time at the same level. Why do I say that? Alito is one of the most outnumbered or overturned judges who've ever served on the courts
3) Alito is in his first year on SC. This hardly merits an award for public service on its own--sports leagues do not give MVP awards to anyone based on the fact that he happened to be the number one selection in the previous year's draft
4) Alito likely should and will receive the award in a future year, after he will have established a SC record

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15 Posted by guest | Permalink Friday, December 8, 2006 4:34 PM

Koh is a clown, and Greenhouse is one of the least attractive bipedal humanoids on the planet.

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16 Posted by packsoldier | Permalink Friday, December 8, 2006 5:15 PM

Politics aside, how can anyone justify picking Greenhouse over Alito for this award?

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17 Posted by Ragerz | Permalink Sunday, December 10, 2006 2:02 AM

I don't see how Alito is any more deserving of a Merit Award after being nominated, than before. After all, the act of nomination is by the President, not Alito.

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