Justice Alito's OT 2006 Law Clerks
Sorry it has taken us so long. As promised months ago, we now begin our series profiling current Supreme Court clerks (aka the "October Term 2006" or "OT 2006" law clerks).
We'll be going chambers by chambers, starting with the most junior justice. Here are the four law clerks to Justice Samuel A. Alito, Jr.:
1. Michael S. Lee (BYU '97/Benson (D. Utah)/Alito)2. Christopher J. Paolella (Harvard '99/Alito)
3. Matthew A. Schwartz (Columbia '03/Alito)
4. Gordon D. Todd (UVA '00/Beam)
As a member of the Alito extended family explained to us, here's the key to understanding the Alito chambers: 3:1. This golden ratio perfectly captures the demographics of the OT 2006 Alito clerks. Consider:
1. Familial status: three are married with children, one is not (Chris Paolella -- married, but no kids yet).2. Undergraduate institution: three are Princetonians, one is not (Michael Lee -- BYU).
3. Prior Alito clerkship: three previously clerked for then-Judge Alito on the Third Circuit, one did not (Gordon Todd).
4. Religious affiliation: three are Christian,* one is not (Matthew Schwartz -- he's Jewish).
5. College debate: three were gods of the parliamentary debate circuit, and former presidents of the American Parliamentary Debate Assocation (APDA); one was not (Michael Lee).
But we wouldn't want such commonalities to overshadow the individuality of these gents. Check out our profiles of Messrs. Lee, Paolella, Schwartz, and Todd -- after the jump.
* Mitt Romney footnote: Michael Lee is Mormon, which we consider to be Christian. Presidential candidate Romney hopes that evangelical Christians voting in the Republican primaries will agree with us.
1. Michael Lee (BYU '97 / Benson (D. Utah) / Alito (3d Cir.))
Tidbits:
(a) he is the son of former U.S. Solicitor General Rex Lee, also a member of the Elect (Byron White), for whom Justice Alito worked while in the SG's office;
(b) he's the brother of Professor Thomas Lee, yet another of the Elect (Clarence Thomas);
(c) he's a graduate of Brigham Young University (college), as well as BYU's J. Reuben Clark Law School;
(d) Mike Lee served a mission for the Church of Jesus Christ of Latter-day Saints in McAllen, Texas, where he became fluent in Spanish;
(e) in addition to his clerkships with Judge Dee Benson (D. Utah) and then-Judge Alito (3d Cir.), he's worked for Sidley & Austin in Washington, in the U.S. Attorney's Office in Utah, and as counsel to Utah Governor Jon Huntsman, Jr.;
(f) he has a "brilliant legal mind" and an "extremely conservative wardrobe" (surprise surprise); and
(g) he's the "undisputed King of Karaoke" (okay, that IS a surprise -- what songs does he sing?).
Comments (f) and (g) come from Mike Mower, Spokesperson for Governor Huntsman. The ATL default rule is total anonymity for tipsters. But Mr. Mower wanted to go on the record in praise of Mike Lee. He adds:
"We miss Mike. We miss his wife, Sharon, and their three chidlren. We hope they come home soon to the Beehive State!"
(As you can see, we're missing a photo of Michael Lee -- the only Alito clerk we don't have a picture for. But if you send one our way, we'll gladly put it up. Thanks.)
2. Christopher Paolella (Harvard '99/Alito (3d Cir.))
Tidbits:
(a) while an undergraduate at Princeton, he was active in New Jersey politics;
(b) he worked for, among others, "gay American" James McGreevey (but was never "Mark Foley'd" by McGreevey);
(c) Chris Paolella was a star of the college debate circuit, which is where he met his brilliant and witty wife, Melissa Bristol Paolella (a former Manhattan prosecutrix, now at the Justice Department);
(d) in addition to clerking for then-Judge Alito on the Third Circuit, Chris also worked as a litigator at Cravath in New York, and Lowenstein Sandler in New Jersey;
(e) Chris and Melissa have two dogs, "Sparky" and "Boomer," that Melissa regularly takes to obedience and agility competitions;
(f) "they host an annual holiday party featuring a Turducken, shipped in from wherever Turduckens come from, and Chris usually makes a beef wellington" (hey, where's our invite, Chris?);
(g) Chris and Melissa are both "huge Yankees fans," and they attend spring training every year (although query whether that will happen this year, with Chris's SCOTUS duties and all); and
(h) "Chris is one of the greatest baseball hecklers known to man."
A quick recap from another source:
"Chris Paolella is a fantastically nice guy, conservative but fair-minded and analytical (yes, I meant 'but'). He's destined for governor of New Jersey or a 3rd Circuit seat or some such. [Chris and Melissa, who's more liberal than he is,] are quite an intellectual power couple, and good folks."
3. Matthew Schwartz (Columbia '03/Alito (3d Cir.))
Tidbits:
(a) like Chris Paolella, Matt Schwartz also went to Princeton, served as president of APDA, and was a litigation associate at Cravath;
(b) his college debate experience served him well at Columbia Law School, where he "kicked everyone's a** in oral arguments in the CLS moot court competition";
(c) he was also president of the CLS chapter of the Federalist Society;
(d) he's married to the former Amy Cayne (Fordham Law '03), and they have a young son named Rush ("don't question his conservative credentials");
(e) he has a "secret nickname" in chambers, from the movie Talladega Nights;
(f) he's a "hardcore Federalist Society-type ideologically, but less in your face than others"; and
(g) he's a "very decent guy," who "won't push his politics on you unless provoked."
We love that last line. It makes Matt Schwartz sound like a grizzly bear or something: "Won't attack unless provoked." It's also similar to the "conservative, but" comments garnered by Paolella, supra.
4. Gordon Todd (UVA '00/Beam (8th Cir.))
Tidbits:
(a) he went to UVA for law school, but came thisclose to going to Georgetown;
(b) after law school, he clerked for Judge C. Arlen Beam, on the Eighth Circuit;
(c) during his clerkship year in Lincoln, Nebraska, "he attended the tractor pull at the Nebraska State Fair, went to WWF (and made signs) when it made a stop in Lincoln, and went country dancing at a place called Coyote Willy's nearly every week";**
(d) he's also "one of those annoying former high school cross-country runners, whose competitiveness compels him to sprint the last 50 yards of every seemingly leisurely run, even with [companions] who couldn't keep up";
(e) in addition to his clerkship, Gordon Todd also worked at the DOJ, where he served as counsel to the assistant attorney general for civil rights, and as special counsel in the Office of Legal Policy for Supreme Court nominations (including Alito's);
(f) like his Alito co-clerks, Gordon is "quite conservative, and very sharp (as well as a natty dresser)";
(g) he's married to Kathryn Comerford Todd, a partner at Wiley Rein & Fielding, and also one of the Elect (Clarence Thomas/OT 2000); and
(h) Gordon and Kate Todd have a "lovely" sixteen-month-old son, Chase.
Here's a cute little story about cute little Chase Todd (who's been described to us as a "mini-Gordon"):
"Gordon Todd used to keep a Boppy pillow in his DOJ office for his infant son. Apparently the baby was in DOJ day care and Gordon, would bring him up to his office when he was working late. What a dad!"
The kid has high-powered godparents, too: Wiley Rein partner Margaret Ryan, a Luttigatrix and one of the Elect (yeah that's redundant), and Michael Collins, of Gibson Dunn & Crutcher.
With parents and godparents like that, we expect to see Chase Todd appointed a bankruptcy judge before he's potty-trained.
********************
WOW!!! The four Alito clerks for October Term 2006 are one heck of a group. Like their boss, they're brilliant and conservative, to a T.
Sure, they're not the most diverse klatsch of clerks we've ever seen. Based on this foursome, the archetypal Justice Alito clerk would look like the following:
(a) a white Christian male, married with children;(b) a former debater for Princeton;
(c) a solid conservative, but thoughtful and non-abrasive; and
(d) a former clerk to Judge Alito.
Traits (a) through (c), interestingly enough, are all exhibited by Justice Alito himself. And (d) is obviously inapplicable.
If you badly want an Alito clerkship, but don't fit this bill, there's hope for you yet. During his many years as a circuit judge, Sam Alito hired a diverse group of clerks. In fact, we can name a bunch of "diversity-enhancing" ex-Alito clerks off the top of our head: Nora Demleitner, Michael Martinez, Katherine Pringle, Hannah Smith, and Cheryl Stanton.***
So just cross your fingers, and send in that Alito application! All it takes is 60 cents and a dream.
Alternative Ten-Point Plan for Landing an Alito Clerkship: (1) convert to Christianity, (2) undergo a sex change, (3) get enough Botox to make you look like a high school senior, (4) forge a college admissions application, (5) get into Princeton, (6) join the debate team and become president of APDA, (7) attend a top law school, (8) graduate at the top of your law school class, (9) land a clerkship with a conservative feeder judge, and (10) get married and have a kid. What could be easier?
** A SCOTUS-clerk-to-be doing country dancing? To quote that dearly departed (but brilliant) TV show, "The Comeback": "I don't need to see that!"
*** These are just the "diverse" Alito clerks we could remember right now; we didn't bother with any research. Feel free to add more such Alito clerks in the comments. Has Samuel Alito ever had an African-American clerk?
(Yes, we're scary and stalkerish this way. Our recall of names and faces could be better; but we are GREAT at remembering which judge or justice you clerked for.)
Local accepts job to become Alito's law clerk [Daily Herald]
Governor's counsel will clerk for U.S. Justice Alito [Salt Lake Tribune (conduct archive search; fee)]
Todd ’00 Earns Clerkship with Justice Alito [via TJ's Double Play]

From the bios, all appear married.
Sorry, the martial status thing should be familial status. Only Paolella has no kids yet. Will fix.
You only consider Mormons as Christians to make your 3:1 point.
Thanks for the info, David. This feature is one of the things that made your old site unique, and great. I hope it becomes a hallmark of this one as well. It's even more interesting nowadays as one is curious to know what types of clerks the two new justices are going to pick.
Based on your profiles, Matthew Schwartz is my favorite of the Alito kids.
So does anyone know if Alito has hired for OT 2007 clerks yet? What about Roberts? Everyone knows by now that Scalia finished a while ago and Thomas is booked for the next few decades. What about the others?
I'm sure they are all smart but what stands out is the family connections of some. How much of a meritocracy is the Elect?
Does he ever hire women? Most of the research on women lawyers is at law firms, but I would love some stats on how many become SCOTUS clerks
Anonymous 2:50. Without referring to Mormons, Mormonism, or any associated beliefs, (e.g. A Christian is not a Mormon) could you define a Christian such that it excludes Mormons?
Anonymous 2:50: There is good basis for including Mormons as Christians. First, Mormons consider themselves to be Christians. Second, Mormons believe that Christ is the Son of God and the Redeemer of mankind. Seems to be that if someone believes that Christ is the Redeemer, they are Christian. Why wouldn't they be?
There are several reasons mormons, or LDS, are not considered Christians (by Christians). First would be the rejection of LDS and their beleifs by Christians as heretical and a cult. As if that wasn't enough, and you were a casual observer grouping things by, say, theology. Then first would be Mormons rejection of Christian view of trinity -- particularly the father having a body (which C don't believe). Next, would be the infallibility and completeness of the Bible -- which LDS have expanded upon and added to (and declared large portions of the Bible to be "mistranslated")
The short answer to your question, Law Student, is NO. Even the demons recognized Christ as the son of God and King, etc (ref?)
"Mormons consider themselves Christian" but Christians reject mormon beleifs and most do not consider LDS christianity. I consider myself a handsome and charming guy...but that doesn't make me one.
Finally, "What?" Of course you can create a definition of "Christian" that excludes LDS -- include in the definition "faith without works", "One God (only)", and beliefs on infallibility of Bible and you would exclude LDS Church (based on official doctrine).
LDS church claiming to be Christian is a recent phenomenon -- and not sure there is even an official church doctrine stating that.
I am not making any judgment on who has a handle on truth or God or who is nuts -- but they are certainly not grouped together anymore than protestants and catholics should be (just kidding)...
Yes, Alito has had at least one African-American clerk that I know of. His name is Jack White and he graduated from Pepperdine Law School. The last I heard he was working for Kirkland in San Francisco. I remember specifically he testified on Alito's behalf at the confirmation hearings and White told a nice story about the meeting between Alito and his parents.
Good point Not Mormon and then some, a Christian certainly means more than recognizing that Christ is the Redeemer. I looked it up in Merriam-Webster’s dictionary online, and the first definition is “one who professes belief in the teachings of Jesus Christ.” Cambridge Dictionary online says “someone who believes in and follows the teachings of Jesus Christ.” This seems to match what the Bible says, “And the disciples were called Christians.” Acts 11:26. Disciple meaning one who accepts and assists in spreading the doctrines of another. Merriam-Webster online.
I understand that some Christians reject certain Mormon beliefs, but some Christians reject certain Catholic beliefs, some reject certain Protestant beliefs, some reject certain Evangelical beliefs, etc. Yet you don’t see people saying that Catholics aren’t Christian, or Protestants aren’t Christian, or Evangelicals aren’t Christian. So why Mormons? According to common usage (as shown by the dictionary definitions above, and the Bible verse) Mormons are Christian.
I’m not trying to argue that any religion is more correct than any other religion here, just trying to point out that it wasn’t unusual to include Mormons as Christians in the original article. If you accept the common meaning of the word Christian, Mormons are Christian. Of course, if you invent your own definition that’s another story.
For an examle of how non-Christian Mormon beliefs are, consider their 13 Articles of Faith (as seen recently in Althouse's comments section).
1. We believe in God, the Eternal Father, and in His Son, Jesus Christ, and in the Holy Ghost.
2. We believe that men will be punished for their own sins, and not for Adam’s transgression.
3. We believe that through the Atonement of Christ, all mankind may be saved, by obedience to the laws and ordinances of the Gospel.
...
8. We believe the Bible to be the word of God as far as it is translated correctly; we also believe the Book of Mormon to be the word of God
...
11. We claim the privilege of worshiping Almighty God according to the dictates of our own conscience, and allow all men the same privilege, let them worship how, where, or what they may.
12. We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law.
13. We believe in being honest, true, chaste, benevolent, virtuous, and in doing good to all men; indeed, we may say that we follow the admonition of Paul—We believe all things, we hope all things, we have endured many things, and hope to be able to endure all things. If there is anything virtuous, lovely, or of good report or praiseworthy, we seek after these things.
Pondering Mormonism, if you are using the dictionary definition of Christian (or Acts 11:26), how do any of the 13 Articles of Faith show that Mormons are not Christian? Of course, if you want to make up your own definition of Christian anything goes.
I don't get it. Catholics believe in the Pope and listen to him, yet we don't see people saying that Catholics are not Christian due to the Pope. Yet people say that the Book of Mormon ("Another Testament of Jesus Christ") means that Mormons are not Christian. It makes no sense to me.
Actually, 9:43 PM, some hard-core evangelical Christians don't consider Catholics to be "Christian." These types repeatedly tried to convert me during college, despite my insistence that I'm already a Christian (and perfectly happy with my Catholicism, thank you very much).
I have an amendment to number (7), "attend a top law school or BYU."
Re: meritocracy - Paolella is from a solid blue-collar background, first in family to attend college.
FWIW.
Agree w/9:58 AM. Other than Michael Lee, nobody here seems to have "family connections."
Also, if your father is Rex Lee, odds are (1) you have the genetic material of a legal genius and (2) you were raised in a household where the Presentment Clause was talked about over dinner. So it's not surprising that you'd excel in the legal profession and get a SCOTUS clerkship.
(Gordon Todd is "connected," in that he worked at the DOJ on the Alito nomination, but that job was something he got through his own merit and hard work.)
Just wanted to mention there is precedent fo rgetting into Princeton under a forged application.
http://www.trentonian.com/site/news.cfm?newsid=3572823&BRD=1697&PAG=461&dept_id=44551&rfi=8
Or just Google "James Hogue"
Re: family connections, I believe that Gordon Todd is former NJ Governor and EPA chief Christie Todd Whitman's nephew, or some other similar relation.
But the most pedigreed Alito clerk ever must be William Howard Taft (the Nth, I forget what number they're up to).
Taft clerked for Alito on the Third Circuit. And who knows, maybe he'll clerk for him on the SCOTUS too (if Alito keeps bringing up his former circuit clerks).
I met a former Alito clerk who seemed like a fag. Maybe he's just a Mormon though.
Not Mormon and Then Some: I have read the King James Version Bible front to back, every single verse, I believe it is true and accept Jesus Christ as my personal Savior: only in and through him can I be saved. What more do I need to do to be a Christian?