“[A] private-market auction for seats at a public hearing of the country’s highest court”

supreme-court-standing

Law professor Dale Carpenter (from whom I took an excellent class on sexual orientation and the law), writing at Volokh Conspiracy about “The Real Standing Problem in the Marriage Cases“:

As 7 a.m. approached and the lawyers arrived to take their pre-paid places in line, something else happened. They started inviting their friends to join them at the front of the line, pushing back people who had waited all night to get in.

We confronted some of the line-cutters, who feigned ignorance or said they’d paid or claimed they’d actually been standing in line all night. Of course, we’d just seen them arrive in a fleet of eco-friendly Priuses, alternately sipping their mocha pepperaminto skim milk lattes and chatting excitedly about egalitarianism’s next frontier.

I don’t know what he’s complaining about, honestly. Lawyers make the rules. What would be the point if we had to follow them, too, just like every other schlub? If you spend your days fighting for equal rights, you should be entitled to a little exploitation now and then. Practicing what you preach is really friggin’ inconvenient.

(image: http://www.flickr.com/photos/verzo/7642395320/)

Legal Ethics