A Cowgirl Rides the Circuits

ABA Journal: Supreme Court Report

Posted Mar 28, 2008, 11:31 am CDT
By Richard Brust

About a month before oral arguments in a key establishment clause case last year, Anthony R. Picarello Jr. opened the e-mail listing the names of the judges he would be facing on a panel of the 8th U.S. Circuit Court of Appeals. He could scarcely believe his eyes.

Sitting by designation would be none other than retired U.S. Supreme Court Justice Sandra Day O’Connor.

His brief specifically cited O’Connor’s opinions in several crucial Supreme Court precedents, says Picarello, who would argue on behalf of the Washington, D.C.-based Becket Fund for Religious Liberty in favor of a faith-based rehabilitation program for Iowa prisoners.

“A lot of this is right up her alley,” says Picarello, reflecting on the February 2007 arguments. “A lot of the jurisprudence she developed.”

At the federal courthouse in St. Louis, Picarello faced the bench. “And sure enough,” he recalls, “there she was on the panel. I said, ‘All right!’ ”

Barely 30 seconds into his argument the first question rang out. Continue reading...

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