In the months since Sandra Day O’Connor announced her retirement, Americans have become obsessed with judge-watching. The new pastime practically eclipsed the World Series, with fans paying more attention to Harriet Miers’s eye makeup than to Jermaine Dye’s batting average. Consequently, this has been a good year for a Web site called Underneath Their Robes, which has established itself as the unofficial blog of record about the federal judiciary. There’s plenty of inside dope on the site, including comprehensive dossiers on various jurists and the identities of each new group of law clerks at the Supreme Court, but its real appeal lies in the distinctive voice of its pseudonymous author, Article III Groupie. (Article III of the Constitution established the federal judiciary.)
A3G, as she calls herself, writes like a boozy débutante, dishing about the wardrobes, work habits, and idiosyncrasies of the “superhotties of the federal judiciary” and “Bodacious Babes of the Bench.” The author is keen on the new Chief Justice, writing, on one occasion, “Judge Roberts is lookin’ super-hunky tonight, much younger than his 50 years. . . . The adorable dimple in his chin is making A3G dizzy.” In contrast, she had doubts about Harriet Miers, posting a “Hairstyle Retrospective” and noting, “If Harriet Miers wins confirmation, maybe Supreme Court justices should start wearing powdered wigs.” Her posts on the new Supreme Court nominee, Samuel Alito, have included a report—a “judicial sight-ation”—of the Judge stopping in at a Newark pizza shop, and a sizing up of Alito’s teen-age son: “Since he’s 19, A3G is permitted to say: he’s a hottie!”
The blog has many fans, including Richard Posner, the legal scholar and federal appeals-court judge in Chicago. “The beauty contests between judges can’t be taken very seriously, but I enjoy the site,” he said. “It presents good information about clerkships and candidates. It’s occasionally a little vulgar, but this is America in 2005.”
In the autobiographical section of the blog, A3G says that she attended an Ivy League college and a top-five law school, clerked for a federal appellate judge, and had several interviews for clerkships on the Supreme Court—“but they ended in tragedy (i.e., with her not getting a job with the Supremes).” She goes on, “Article III Groupie then went to work for a large law firm in a major city, where she now toils in obscurity. During her free time, she consoles herself through the overconsumption of luxury goods.”
In real life, A3G is a thirty-year-old Newark-based assistant U.S. attorney named David Lat. “The blog really reflects two aspects of my personality,” he said over lunch recently. “I am very interested in serious legal issues as well as in fun and frivolous and gossipy issues. I can go from the Harvard Law Review to Us Weekly very quickly.” Lat, who has a boyish face, lives in Manhattan and commutes to New Jersey, and he writes his blog entries in his spare time. Like A3G, he graduated from Harvard College and Yale Law School, and he worked briefly at a big New York law firm. Although his current job as a prosecutor has required him to pare back his life style, he says, “I still hoard toiletries from luxury hotels all over the world.” Lat interviewed for a Supreme Court clerkship, with Justice Antonin Scalia, but he didn’t get it.
“Yale treats certain judges like celebrities,” he said. “And I’ve always had a certain status anxiety about not having clerked on the Supreme Court.” (A3G often refers to Supreme Court clerks as “the Elect.”) “My interest in celebrity has kind of metastasized from the judges to the clerks,” he added.
Lat is proud that some of his catchphrases have slipped into wider circulation—“litigatrix,” “judicial diva,” and “bench-slap” (for disputes among judges). Although he intended to remain anonymous, the success of the blog made coming clean irresistible. “I felt frustrated that I was putting a lot of time into this and was unable to get any credit for it,” Lat said. “But eventually these things have a way of coming out anyway. I only hope that the judges I appear in front of don’t read it.”
