- The Washington Times - Sunday, August 9, 2009

Judge Sonia Sotomayor has gained admission to the Marble Palace. Now she has to figure out how the Supreme Court works.

When do you speak up? How do you find your way around a building torn apart by renovation? If someone knocks at the door while the justices are meeting in their private conference room, who answers? (Note to the newest justice: You do.)

After 17 years as a federal judge, Justice Sotomayor knows her way around a courthouse. But her new workplace, filled with quirky customs and rituals, isn’t any old court building, and new justices, like new colleagues everywhere, want to fit in.

“You don’t necessarily want to break the china when you start out,” said Christopher Landau, who served as a law clerk to Justice Clarence Thomas after his tumultuous confirmation in 1991.

Justice Sotomayor, 55, became the court’s first Hispanic and third female just after taking an oath of office Saturday from Chief Justice John G. Roberts Jr.

She took the second of two oaths of office from Justice Roberts in an ornate conference room, beneath a portrait of the legendary Chief Justice John Marshall. Her left hand resting on a Bible that was held by her mother, Celina, Justice Sotomayor pledged to “do equal right to the poor and to the rich.”

Minutes earlier, she swore a first oath in a private ceremony in the room where the justices hold their private conferences.

Her 60 or so guests included Justice Anthony M. Kennedy, White House Counsel Greg Craig and other members of the Obama administration team that helped prepare her for her Senate confirmation hearings, family and friends. President Obama scheduled a White House reception for Justice Sotomayor on Wednesday.

Perhaps the most significant demographic fact about her now is that she will be the junior justice.

Other than opening the conference room door, Justice Sotomayor will be responsible for taking notes on what the justices decide at those private meetings - including the late September conference in which they dispose of a couple thousand appeals - and then reporting the decisions accurately to the court clerk.

It’s not rocket science, but it is vital to the court.

“She’ll be keeping track of what goes on at conference as she’s trying to figure out what’s going on at conference,” said Margo Schlanger, a University of Michigan law professor who worked for Justice Ruth Bader Ginsburg in the justice’s first term in 1993-94.

Justice Sotomayor also will go last when the justices take initial votes on cases. Justice Ginsburg once recalled “a certain impatience, a high premium on brevity when the vote came round to me and there was already a lopsided majority. But coming last does have its heady moments, times when the ninth vote breaks a tie.”

The court renovation will force Justice Sotomayor into temporary offices and delay getting her permanent location until the construction is done late next year. Justice Samuel A. Alito Jr. once told an interviewer he often got lost in his first months because of the construction. “I didn’t know where anything was, how to get in or how to get out,” Justice Alito said.

Justice Sotomayor will have plenty of help - a couple of secretaries, a messenger and four law clerks. If she followed past practice, those clerks already have been hired or have an understanding they will be.

Some new justices have hired at least one law clerk who previously worked at the Supreme Court because it is “easier to get up to speed more quickly,” Justice Thomas wrote in his memoir, “My Grandfather’s Son.”

Deanne Maynard, a partner at the Morrison and Foerster law firm, who worked for Justice Stephen G. Breyer, said an experienced clerk is useful in explaining the court’s customs to new justices. “If you want to join an opinion, but you really wish perhaps they might modify part of it slightly, what’s the norm in the court?” she cited as an example.

The new justice also often reaches out to the others. Justice Thomas wrote about meeting with his eight colleagues, as well as the man he replaced, Justice Thurgood Marshall.

Sometimes friendships develop across ideological lines, such as Justice Ginsburg’s relationship with Justice Antonin Scalia. They often diverge sharply on the bench, but regularly celebrate New Year’s together with their spouses and once even appeared as extras in the same opera production. Their friendship began when both were appeals court judges in Washington.

Among the justices that Justice Sotomayor might naturally seek out for guidance are Justice Ginsburg, the court’s other woman, and perhaps even Justice Alito, a member of the court’s conservative wing. Like Justice Sotomayor, Justice Alito is a former prosecutor and longtime appeals court judge who also graduated from Princeton University and Yale Law School.

Justice Sotomayor will be the second-youngest justice, less than half a year older than Justice Roberts. Born in the New York City borough of the Bronx, she’ll be the third New Yorker on the court, along with Brooklynite Ginsburg and Justice Scalia, who grew up in Queens.

Justice Sotomayor is not just changing jobs. She also has to move to Washington from New York, where she has lived all her life, except when in college and law school. When Justice Alito arrived in Washington, he stayed with a friend on Capitol Hill; his family remained in New Jersey until the end of the school year.

It’s unlikely Justice Sotomayor will take a long break. The court typically is quiet in the summer, but this year the justices scheduled arguments in a key campaign-finance case for Sept. 9. The new term doesn’t formally kick off until Oct. 5.

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