PRESIDENT’S MESSAGE

Don’t Let Perfect Be the Enemy of the Good

By AMY LIN MEYERSON

SECTION 1. Be it enacted by the Senate and Amy Lin Meyerson is the House of Representatives of the 2020–2021 President of the of America in Congress assembled, That the Connecticut Bar Association. supreme court of the United States shall con- She is a sole practitioner sist of a chief justice and five associate jus- in Weston, Connecticut, tices,1 any four of whom shall be a quorum, practicing business and and shall hold annually at the seat of govern- general corporate law. ment two sessions, the one commencing the first Monday of February, and the other the first Monday of August.

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y 13-year-old daughter and I On the morning of Tuesday, October 27, faithfully discharge the duties of the office had the honor of participating 2020, in the Supreme Court Building’s on which I am about to enter. So help me Min a special Reading & Robes pro- East Conference Room, US Supreme Court God.”4 gram with US Supreme Court Justice So- Chief Justice administered nia Sotomayor hosted online by the Na- the judicial oath of office to Judge Amy At 48, Justice Barrett is not the youngest tional Judicial College and NJC President Coney Barrett, formally swearing her in U.S. Supreme Court Justice. John Jay was Benes Z. Aldana, the former chief trial as the 115th justice to serve on the US Su- the youngest at 44 years old when he took judge of the US Coast Guard. Connecticut preme Court.3 The Judicial Oath, under 28 his oath of office in 1789. As a graduate of was one of the 13 states that participat- U.S.C. § 453, reads: “I, ______, do sol- Notre Dame Law School, she is the only ed. Appellate Judge Nina F. Elgo hosted emnly swear (or affirm) that I will admin- current justice who did not receive a law our group of ten middle school students ister justice without respect to persons, degree from Harvard Law School or Yale in collaboration with the Hartford Youth and do equal right to the poor and to the Law School.5 Scholars.2 rich, and that I will faithfully and impar- tially discharge and perform all the duties Having clerked for Justice Antonin Sca- Justice Sotomayor spoke to us from her incumbent upon me as ______under lia during the 1998 Term, Justice Barrett chambers at the Supreme Court via an the Constitution and laws of the United is one of the six current justices who iPad. She was dressed not in a black robe States. So help me God.” US Supreme clerked for the Supreme Court. Justice but in the same outfit we saw her wearing Court Justice swore in Stephen G. Breyer clerked for Justice Ar- earlier that morning on TV during a me- Justice Barrett under a constitutional oath thur J. Goldberg during the 1964 Term. morial for US Supreme Court Justice Ruth at the White House event on the evening Justice John G. Roberts, Jr. clerked for Bader Ginsburg whose body was lying in of Monday, October 26, 2020. Under 5 Justice William H. Rehnquist during the repose at the Supreme Court in Washing- U.S.C. § 3331, all federal employees, other 1980 Term. Justice clerked ton, DC. than the president, take the constitutional for Justice Thurgood Marshall during oath: “I, ______, do solemnly swear (or the 1987 Term. Justice Neil M. Gorsuch Justice Sotomayor told the students that affirm) that I will support and defend the clerked for then-retired Justice Byron R. she asks herself two questions every Constitution of the United States against White and Justice Anthony M. Kennedy night before she goes to sleep: Whom did all enemies, foreign and domestic; that I during the 1993 Term.6 Justice Brett M. she help today and what new things did will bear true faith and allegiance to the Kavanaugh clerked for Justice Anthony she learn today? We were inspired and same; that I take this obligation freely, M. Kennedy during the 1993 Term. thought about what good we could do for without any mental reservation or pur- our community. pose of evasion; and that I will well and On lifetime appointments of federal judg-

4 Connecticut Lawyer | ctbar.org January | February 2021 es7 and the independence of the judiciary, our Judicial system. We continue to work continue the tradition! Self-nominations US Supreme Court Chief Justice William collaboratively with the Branch to address are welcome. Leadership experience with H. Rehnquist, in his 19th and final annu- the technology and personal health and other CBA committees, voluntary bar as- al report assessing the state of the judicia- safety issues of our members and their sociations, or the bar’s sections is highly ry, wrote: ``By guaranteeing judges life clients. desirable. Contact Carol DeJohn at (860) tenure during good behavior, the Con- 612-2000 or [email protected] with any stitution tries to insulate judges from the The CBA also is committed to creating a questions about the process. public pressures that may affect elected sustainable pipeline of students from high officials. The Constitution protects judi- school to college, and, thereafter, to law The CBA leadership, staff, and volunteer cial independence not to benefit judges, school and the practice of law through our members who are giving generously of but to promote the rule of law: judges Pathways to Legal Careers.10 Our inaugu- their time and expertise are working full are expected to administer the law fairly, ral class of LSAT Scholars is hard at work tilt to provide services to our members and without regard to public reaction.’’8 preparing for their law school journey care for the health and vitality of our legal and engaging with the Connecticut legal profession. Visit www.ctbar.org/members There has been much speculation about community. Many thanks to Kaplan Part- for details about our member services and what the addition of Justice Barrett to the ner Solutions and Updike Kelly & Spella- newly-added member benefits. If you US Supreme Court will mean to our coun- cy PC for their contributions that enabled have an issue that needs to be addressed try, democracy, and the rule of law. As the the CBA to launch this program. We look or if you have any suggestions on what fifth woman to serve on the US Supreme forward to growing and ensuring the lon- more we can be doing, please let us know Court, will Justice Barrett be mindful of gevity of this pipeline program with the at [email protected]. those who came before her? These are support of the signatories to the Connecti- questions we will answer together as cases cut Legal Community’s Diversity & Inclu- There is no doubt that these are uncertain, before the US Supreme Court are decided. sion Pledge & Plan and others. and unprecedented times. Now is the time when strong leadership and creative solu- In testimony before the 2020 Connecticut Our 2020 LSAT Scholars: tions are more important than ever. The Judicial Compensation Commission, I • Elizabeth Castro, University of Connecticut Bar Association will continue noted that a fundamental principle of our Connecticut August 2020; Major: to strive to provide high-quality services democracy is that the public is entitled to Political Science and do the good and right work for our justice rendered by a qualified, indepen- • Natasha Claudio, Connecticut College members and our communities. With an dent, fair, and impartial judiciary. US Su- Class of 2021; Major: English eye to perfection, join us as we endeavor preme Court Chief Justice John Roberts • Maman Cooper, University of to get many things done imperfectly rath- said in support of increasing judicial pay, Connecticut Class of 2017; Major: er than do nothing perfectly. “I simply ask once again for a moment’s Political Science reflection on how America would look in Stay safe and be well. n • Christina Cruz, Connecticut College the absence of a skilled and independent Class of 2020; Major: Sociology and Judiciary. Consider the critical role of our Latin American Studies NOTES courts in preserving individual liberty, • Frankie De Leon, Wesleyan University 1. The Judiciary Act of 1869 fixed the number promoting commerce, protecting proper- of Justices at nine and no subsequent change ty, and ensuring that every person who Class of 2020; Major: American Studies to the number of Justices has occurred. www. appears in an American court can expect • Debaditta Ghosh, Wesleyan University supremecourt.gov/about/faq_general.aspx fair and impartial justice.”9 Class of 2020; Major: Government 2. ww w.judges.org/news-and-info/su- preme-courts-sotomayor-inspires-at-spe- • Fernecia Smith, University of cial-online-reading-robes The disparity in compensation between Bridgeport Class of 2020; Major: 3. ww w.cnn.com/2020/10/27/politics/justice- public service and private law practice Political Science amy-coney-barrett-sworn-in-supreme-court/ is well documented. Our judges literally index.html pay a price when they choose a path of We are excited to begin preparations for 4. ww w.supremecourt.gov/about/oath/oath- sofoffice.aspx servant leadership. Judicial compensation the upcoming terms of Cecil J. Thomas as 5. Ch ief Justice John G. Roberts, Jr. - Har- that is fair and appropriate enables our CBA president and Daniel J. Horgan as vard (J.D.); Justice Clarence Thomas - Yale state to attract and retain qualified, expe- CBA president-elect that begin on July 1, (J.D.); Justice Stephen G. Breyer - Harvard rienced, and diverse lawyers drawn from 2021. Our CBA officers and section and (LL.B); Justice Samuel A. Alito, Jr. - Yale every segment of the legal profession to a committee members who lead with vi- (J.D.); Justice - Yale (J.D.); Justice Elena Kagan - Harvard career in judicial service. Our judges are sion, empathy, and integrity have contrib- (J.D.); Justice Neil M. Gorsuch - Harvard the backbone of a fair, effective, and effi- uted to the success of the Connecticut Bar (J.D.); Justice Brett M. Kavanaugh - Yale cient judicial system. The Connecticut Bar Association as the preeminent organiza- (J.D.); Justice - Notre Association reiterates its commitment to tion of attorneys and legal professionals in Dame (J.D.) supporting the needs of the courts and Connecticut. Volunteer to serve with us to Continued on page 40 Š

January | February 2021 ctbar.org | Connecticut Lawyer 5 President’s Message Technology and Ethics DE&I Continued from page 5 Continued from page 21 Continued from page 31

6. Ju stice Gorsuch is the first to have served Connecticut Appellate Courts and the Second womenlawyersonguard.org/wp-content/ as a member of the Supreme Court along- Circuit Court of Appeals. Along with his appel- uploads/2020/07/Still-Broken-Full-Report. side a justice for whom he clerked. late work, he represents attorneys before grievance pdf; “First Phase Findings From a National 7. ww w.archives.gov/founding-docs/consti- panels and in public hearings before the Statewide Study of Lawyers With Disabilities and Lawyers Who Identify as LGBTQ+” (2020), tution-transcript Grievance Committee and also represents candi- www.americanbar.org/content/dam/ 8. Wi lliam H. Rehnquist, 2004 Year-End dates for bar admission before the Bar Examining aba/administrative/commission-dis- Report on the Federal Judiciary, January 1, Committee. ability-rights/bbi-survey-accessible.pdf; 2005, available at www.supremecourtus. International Bar Association,“Us Too? gov/publicinfo/ year-end/2004year-en- Michael Taylor is a partner at Horton, Dowd, Bullying and Sexual Harassment in the dreport.pdf. Bartschi & Levesque, P.C. He handles all aspects Legal Profession” (May 2019) www.ibanet. of appellate civil litigation in the Connecticut 9. ww w.supremecourt.gov/publicinfo/ org/bullying-and-sexual-harassment.aspx year-end/2007year-endreport.pdf Appellate and Supreme Courts, and in the Sec- 10. Lauren A. Rivera, András Tilcsik, “Class ond Circuit Court of Appeals. He also counsels 10. ww w.ctbar.org/about/diversity-equity-in- Advantage, Commitment Penalty: The clients and attorneys at the trial stage regarding clusion/pathways-to-legal-careers Gendered Effect of Social Class Signals in the identification and preservation of issues an Elite Labor Market,” American Sociologi- for appeal. cal Review, Vol. 81, No. 6 (2016) 11. Dr. Arin N. Reeves, Written in Black and White: Exploring Confirmation Bias in Racial- 8. Bray, p. 56. Lincoln ized Perceptions of Writing Skills (2014) nex- Continued from page 29 9. Poe had published “The Murders in the tions.com/wp-content/uploads/2017/05/ Rue Morgue” in 1841, and this story and written-in-black-and-white-yellow-paper- subsequent Poe works appealed to Lincoln. series.pdf “My best friend is the man who will get me 10. He would recite “A Man’s a Man for 12. You Can’t Change What You Can’t See: Inter- a book I have not read.” A’That” and “Auld Lang Syne.” rupting Racial and Gender Bias in the Legal 2. See Michael Burlingame, Abraham Lincoln: 11. See Burlingame, Vol. 2, p. 47, who assumes Profession (ABA, MCCA 2018) (Executive A Life, Volume 1, p. 36 (2008). that Lincoln relied on Dickens for the Summary) www.americanbar.org/content/ 3. “The judgments of the Lord are true and phrase. dam/aba/administrative/women/Updat- righteous altogether.” 12. Bray is not sure of how much Lincoln read ed%20Bias%20Interrupters.pdf 4. See Robert Bray’s comprehensive study, of The Pickwick Papers, but Harkness states 13. See e.g., Destiny Peery, Paulette Brown, and “What Abraham Lincoln Read,” Journal of that Lincoln read the book. Eileen Letts, Left Out and Left Behind: The the Abraham Lincoln Association, Volume 13. This was a “heart balm” suit that Con- Hurdles, Hassles, and Heartaches of Achieving 28, No. 2 (2007), and Bray’s Reading with necticut abolished in 1967. See General Long-Term Legal Careers for Women of Color Lincoln (2010). Statutes Sec. 52-572b. England followed (2020), www.americanbar.org/content/ 5. Harkness, supra note 1. the American trend by ending such suits dam/aba/administrative/women/ 6. Harold Holzer, Lincoln at Cooper Union: The in 1970. Gilbert and Sullivan’s Trial By Jury leftoutleftbehind-int-f-web-061020-003.pdf; Speech that Made Abraham Lincoln President also satirized a breach of promise action. Chung, et al. A Portrait of Asian Americans (2006). 14. See Mark E. Steiner, An Honest Calling in the Law, Yale Law School/National Asian Pacific American Bar Association (2017) 7. Professor Masur points out that Lincoln had (2006). A Portrait of Asian Americans in the Law little military experience, but, as president, 15. Mr. Pickwick became the central figure in (apaportraitproject.org) he read several treatises on warfare to the Broadway play Pickwick, with its hit improve his knowledge of tactics. song, “If I Ruled the World.”

Supreme Deliberations Continued from page 35 The motion to substitute was controlled unique to the parties, such as seeking an by Conn. Gen. Stat. § 52-599, which states, injunction for specific performance” and, solved because of Mr. Foisie’s death and with three exceptions, that a civil action in which case, substitution would not be by operation of Conn. Gen. Stat. § 46b-40 will not abate upon the death of one of appropriate. (a marriage is dissolved by “the death of the parties. The exception at issue in Foisie one of the parties”); and 3) if the marriage applied to any proceeding, “the purpose Within these contours, the Court had little was automatically dissolved based on the or object of which is defeated or rendered trouble concluding that Ms. Foisie’s mo- death of Mr. Foisie, the court could not useless by the death of any party.…” Get- tion to open sought only reconsideration then re-dissolve it based on the motion to ting to the meat of the matter, the Court of the financial orders and not reinsti- open. “That’s some catch.…” noted that it has permitted substitution tution of the marriage. And because the where the death of a party would have end result would involve only money, the The flaw in the trial court’s analysis was, “no effect on the continuing vitality of the action would not be “defeated” or “ren- according to the Court, in step number proceeding because the estate could fill dered useless” by the death of Mr. Foisie. one, because a motion to open a dissolu- the shoes of the decedent, such as when Thus, once the map became clear, the end tion judgment only for the limited pur- the pending civil case sought monetary result became obvious. n pose of reconsidering the financial orders damages.…” Contrast this to cases where does not reinstate the parties’ marriage. the action “sought specific relief that was

40 Connecticut Lawyer | ctbar.org January | February 2021