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Response of Former Supreme Court Law Clerks and Supreme Court Practitioners to “The Path to Florida,” appearing in the October 2004 issue of Vanity Fair. According to an article recently published in Vanity Fair magazine (David Margolick, Evgenia Peretz, and Michael Shnayerson, “The Path to Florida,” Vanity Fair, Oct. 2004, at 310), a number of former U.S. Supreme Court law clerks, who served during the Court’s October 2000 term in which Bush v. Palm Beach County and Bush v. Gore were decided, intentionally disclosed to a reporter confidential information about the Court’s internal deliberations in those cases. If true, these breaches of each clerk’s duty of confidentiality to his or her appointing justice — and to the Court as an institution — cannot be excused as acts of “courage” or something the clerks were “honor-bound” to do. Contributors, Vanity Fair, at 102 . To the contrary, this is conduct unbecoming any attorney or legal adviser working in a position of trust. Furthermore, it is behavior that violates the Code of Conduct to which all Supreme Court clerks, as the article itself acknowledges, agree to be bound. Although the signatories below have differing views on the merits of the Supreme Court’s decisions in the election cases of 2000, they are unanimous in their belief that it is inappropriate for a Supreme Court clerk to disclose confidential information, received in the course of the law clerk’s duties, pertaining to the work of the Court. Personal disagreement with the substance of a decision of the Court (including the decision to grant a writ of certiorari) does not give any law clerk license to breach his or her duty of confidentiality or “justif[y] breaking an obligation [he or she would] otherwise honor.” “The Path to Florida,” Vanity Fair, at 320. Scott Ballenger, October Term 1997 Jan Baran William P. Barr John E. Barry, OT 91 Bradford A. Berenson, OT 92 Rebecca Beynon, OT 96 Stephanos Bibas, OT 97 Jeffrey Bleich, OT 90 Chris Bowers, OT 98 Lindley Brenza, OT 88 Richard Bress, OT 88 William Burck, OT 99 Michael Carvin Dan Collins, OT 91 Charles J. Cooper, OT 78 Douglas R. Cox R. Ted Cruz, OT 96 Lee DeJulius, OT 03 Shay Dvoretzky, OT 01 Steven A. Engel, OT 01 Susan Engel, OT 01 Miguel A. Estrada, OT 87, 88 Mark Evans Robert Fabrikant, OT 70 Shawn Fagan, OT 95 Allen Ferrell, OT 96 Brian T. Fitzpatrick, OT 01 Sean W. Gallagher, OT 95 Nicole Stelle Garnett, OT 98 Richard Garnett, OT 96 Neil M. Gorsuch, OT 93 C. Boyden Gray, OT 68 Leslie A. Hakala, OT 99 Jeanne M. Hauch, OT 89 Allyson Newton Ho, OT 02 Robert N. Hochman, OT 98 Peter W. Huber, OT 83 Kevin B. Huff, OT 98 Peter D. Isakoff, OT 79 Erik S. Jaffe, OT 96 Jay Jorgensen, OT 99 Eric J. Kadel Jr., OT 98 Peter J. Kalis, OT 79 Michael Kellogg, OT 83 Stephen B. Kinnaird, OT 95 Kelly Klaus, OT 95 Robert B. Knauss, OT 80 Chris Landau, OT 90, 91 Michael Leiter, OT 01 Matthew H. Lembke, OT 92 Nelson Lund, OT 87 Maureen Mahoney, OT 79 Gregory E. Maggs, OT 89, 91 Sigal Mandelker, OT 01 Gregory May, OT 79 Andrew G. McBride, OT 88 Diane McGimsey, OT 03 Brett H. McGurk, OT 01 Stephen A. Miller, OT 98 R. Gregory Morgan, OT 80 Charles R.A. Morse Adam K. Mortara, OT 02 Kristin Linsley Myles, OT 89 William J. Nardini, OT 96 Patrick L. O’Daniel, OT 98 Michael E. O’Neill, OT 96 Theodore B. Olson Mark A. Perry, OT 93 Carter G. Phillips, OT 78 Craig Primis, OT 95 Bert W. Rein, OT 66 Neil Richards, OT 98 Ellen Richey, OT 79 Nicholas Quinn Rosenkranz, OT 01 J.C. Rozendaal, OT 98 Peter B. Rutledge, OT 98 Margaret A. Ryan, OT 01 Gene Schaerr, OT 86 Benna Ruth Solomon, OT 79 Kenneth W. Starr, OT 75, 76 Max Stier, OT 94 Matthew F. Stowe, OT 97 Aaron M. Streett, OT 03 Silvija A. Strikis, OT 97 Glen E. Summers, OT 96 Peter R. Taft, OT 64 Margaret Tahyer, OT 88 Richard Taranto, OT 83 Richard Thornburgh John Thorne Igor Timofeyev, OT 02 Emin Toro, OT 02 Helgi C. Walker, OT 95 Henry Weissmann, OT 89 Richard I. Werder, OT 83 Christopher S. Yoo, OT 97 Editor’s note: The “OT” listing next to many of the names above refers to the Supreme Court “October Term” in which they served as law clerks. Names with no “OT” listed were not Supreme Court clerks.

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