I want to be on Judge Braden's List of Counsel

November 20th, 2009

Judge Braden of the U.S. Court of Federal Claims, a regular at Federalist Society events in Washington, D.C.. issued a pretty cool order, per BLT.

In an unusual order last month in a constitutional challenge to Section 8(a) of the federal Small Business Act, Judge Braden determined that the plaintiff’s lawyer, despite “substantial experience” before her court and the U.S. Court of Appeals for the Federal Circuit, should have an appellate “lead co-counsel” with jurisdiction and constitutional law expertise. “The issues presented concern the extent of the court’s jurisdiction, as well as one of constitutional importance. As such, this is not a typical pre-bid protest,” She then offered a list of 11 lawyers who might be willing to step into that role.

Who was on this list? Sadly, not me, but a few cool names.

The lawyers on Judge Braden’s suggested list included such conservative legal stars as former solicitors general Theodore Olson of Gibson, Dunn & Crutcher and Kenneth Starr, dean of Pepperdine University School of Law, as well as such appellate veterans as Carter Phillips of Sidley Austin, Charles Cooper of Cooper & Kirk, David Frederick of Kellogg, Huber, Hansen, Todd, Evans & Figel, Edward Bruce of Covington & Burling, and Richard Samp of the Washington Legal Foundation.

I suppose this is the official Article I’  (Court of Federal Claims is not Article III) All Star Litigator List. But, will Ted Olson or Kenn star step in to help?