The Volokh Conspiracy

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The First Scalia Oral Argument Since 1976?

Will Eugene Scalia argue Murray v. UBS, after his father Antonin last argued in 1976?


Antonin Scalia heard hundreds of cases as an Associate Justice before the Supreme Court. But he argued one, and only one case, as a Supreme Court advocate: Alfred Dunhill Of London, Inc. v. Cuba in January 1976. You can listen to it here.

Today, the Supreme Court granted cert in Murray v. UBS Securities. Counsel of record for respondents is Eugene Scalia. For the longest time, Justice Scalia's son had recused himself from Gibson Dunn's Supreme Court practice. I believe the firm even had to exclude the partner from earning any proceeds from any SCOTUS litigation. But since Justice Scalia's death, Eugene Scalia has participated in Supreme Court advocacy. Will Eugene argue the case, his first before the high Court? If so, it would be the first Scalia at the podium since 1976.

In related news, Professor Jane Ginsburg of Columbia, RBG's daughter, is also filing amicus briefs now. Indeed, Lisa Blatt mentioned her brief by name during oral argument in Warhol v. Goldsmith. Such a move would have been forbidden while RBG was still on the bench.