By Matthew Jennings
Relaxing in a Washington, D.C., teahouse, calmly
sipping a cup of green tea, Brett McGurk '96 (CLAS) hardly looks
like someone who has not finished packing for a trip to Italy
that is just hours away. Perhaps when you have worked for the
chief justice of the Supreme Court of the United States, a certain
measure of unflappability has become second nature.
The moment surely is not as nerve-wracking as his initial
meeting with Chief Justice William H. Rehnquist in the
winter of 1999. Having spied the University of Connecticut on
his potential law clerk's resumé, the chief justice quizzed
McGurk on the five smallest states, based on area (Rhode Island,
Delaware, Connecticut, New Jersey, New Hampshire). Imagine the
butterflies in the stomach when McGurk was asked to write the
first draft of an opinion for the most powerful jurist in the
land; or when traces of anthrax turned up
at a mail facility serving the Supreme Court, and he was placed
on a 10-day regimen of antibiotics.
No, all things considered, taking time to talk about a job
he loved and an institution he reveres - with or without a transatlantic
flight looming on the horizon - would prove to
be no hardship.
In fact, McGurk seems to relish talking about his year-long
tenure as a law clerk to the nation's top jurist. Although not
lacking confidence, McGurk is modest for someone who has clerked
in the nation's highest court. Rather, he seems to enjoy the
simple matter of talking about the court, about the men and
women behind it, and about the court's impact.
The fact that McGurk had never set foot in the halls of
the Supreme Court building before arriving for his interview
in 1999 is about the only surprising detail in his rapid ascent
to his clerkship on the high court. When he was at UConn, political
science seminars taught by Bob Gilmore and George Cole sparked
an interest in government and law that has influenced every
step he's taken since leaving Storrs in 1996.
"If not for UConn, I wouldn't have the clerkship," McGurk
says. "UConn taught me how to think. I was very lackluster until
I was accepted into the Honors Program in political
science. It was very challenging and my colleagues were as bright
as anyone I've come across before or since. I am
forever indebted."
At UConn, McGurk was Phi Beta Kappa, a graduate of the honors
program, an R.O.T.C. cadet, a University Scholar and recipient
of the Katherine Pardee Prize for Outstanding Thesis in the
area of political science. He attended Columbia Law School,
where he was the senior editor of the Columbia Law Review, and
had already nailed down consecutive clerkships on the U.S. Court
of Appeals for the 2nd Circuit and the U.S. District Court for
the Southern District of New York when he joined a multitude
of applicants for one of only 35 clerkship spots at the Supreme
Court.
"My experience put me in the hunt for a spot," McGurk says,
"but after that, so much luck was involved. It was like winning
the lottery."
Chief Justice Rehnquist can be assisted by as many as five
law clerks, but generally chooses only three. Getting in the
door was hard enough; making the final cut, McGurk faced even
slimmer odds. Yet with a flawless resumé, impeccable
references, and solid rapport with the chief justice - McGurk
passed the geography pop quiz by naming four correct states -
the young lawyer learned a week after his interview that he
would be moving to Washington for the 2001-2002 session.
McGurk's reverence for the man he affectionately refers to as
"The Chief" is palpable. Himself a former Supreme Court clerk
(for Justice Robert Jackson in 1952-53), the chief
justice made sure his clerks had significant assignments, McGurk
says, but he also made time to get to know each
one personally. An avid tennis player, the septuagenarian jurist
would play doubles with his clerks once a week.
Each morning, Chief Justice Rehnquist would meet with his
clerks to dole out assignments and discuss pertinent
topics of the day. It was the clerks' responsibility to wade
through the numerous petitions for the Supreme Court to review
a lower court decision, known as a writ of certiorari; write
a memo on the merits of each case; and make a recommendation
on whether the Court should grant or deny the petition. There
were also briefs to be reviewed and discussed.
Occasionally the ultimate task would arise: drafting an
opinion for the chief justice.
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| Brett McGurk, left, with the Chief Justice of the United
States Supreme Court, William H. Rehnquist. McGurk served as a law
clerk for the chief justice. |
"Without a doubt, one of the most rewarding things I have
ever done," McGurk says. When the occasion arose, Chief Justice
Rehnquist would hand a clerk notes from conference with the
other justices and would sketch out a brief road
map on writing the opinion. The clerk then had 10 days to complete
a first draft, at which point the chief justice and the clerks
would revise the opinion until it was in final form. "Nothing
leaves chambers until he's happy," McGurk says with a slight
smile.
Yet all the experience and prep work couldn't prepare McGurk - or
the Supreme Court, for that matter - for what would unfold on
September 11, 2001.
McGurk first learned about the terrorist attacks on
the World Trade Center in his daily morning meeting with
the chief justice. For security reasons, clerks do not have
Internet access on their desktop computers; McGurk remembers
grabbing a portable radio and donning headphones to learn about
what was transpiring in New York and across the Potomac River
at the Pentagon. Rumors began to fly around the building that
the court was a target, but they couldn't evacuate immediately - legal
issues still needed to
be dealt with before the building could be emptied. The next
day, "we went back to work," McGurk says. "It was agreed that
the best thing was to carry on as before.
"I felt a sense of proud defiance," he says. "It may sound
corny, but there was something symbolic in the fact that even
9/11 hadn't stopped this country - or the court - from going about
its business."
Then, on October 14, a letter laced with anthrax was opened
in the office of then-Senate Majority Leader Tom Daschle, which
is across the street from the Supreme Court building. "We were
all thinking it was a matter of time before some
thing happened to us," McGurk says. Less than two weeks
after the Daschle letter tested positive for anthrax, the Supreme
Court building was ordered shut down for anthrax testing.
All Supreme Court employees were placed on an antibiotic
regimen, mail service was disrupted, and oral arguments were
temporarily relocated to the U.S. Court of Appeals for the D.C.
Circuit, but "the Court didn't miss a beat," McGurk says with
more than a touch of pride in his voice.
That sense of pride seems to be reflected in McGurk when
he talks about the Supreme Court. "It's an awe-inspiring institution,"
McGurk says. "Think about it. The Supreme Court takes only cases
that divide lower courts, presenting very difficult questions.
Often there are no objectively right answers to those questions,
yet the Court has a responsibility to provide answers, and it
does so through genuine
intellectual debate and dialogue. It also remains a human institution,
managing to separate sincere disagreements
from personal relationships."
McGurk swirls what's left of the tea in his porcelain cup
and ponders where his career is headed. He would like to return
to government some day (his award-winning thesis addressed the
social ramifications of gated communities), but first there
are other avenues he would like to explore.
As one of four recipients of the prestigious Temple Bar scholarship, McGurk was selected to spend
a month in London, where he would shadow barristers and serve
as a marshal for a High Court Justice as
part of an intensive program to learn about the English legal
system. An associate position with the international law firm
Kirkland & Ellis also awaits, but first there is Italy.
He must go finish packing, but he is still talking about
the Supreme Court. Asked whether he would like to be a judge
some day, McGurk smiles and says that he thinks it's something
he would enjoy. And the high court? He won't take the bait.
"I was honored to serve as a clerk on the Supreme Court
of the United States," he says, leaving out an important piece
of information: Three of the nine sitting justices also once
served as law clerks at the Supreme Court.
UConn's Supreme Trio in Hartford
For students seeking to meet the demands of studying the law,
any aspirations about some day reaching the highest levels of
the legal profession are perhaps only a daydream.
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| Connecticut Supreme Court
Justices Joette Katz '77 J.D., Richard N. Palmer '77 J.D.,
and Christine S. Vertefeuille '75 J.D. |
"It was something I never really considered as a law
student," says Richard N. Palmer '77 J.D., one of three UConn
School of Law alumni who serve as associate justices of the
Connecticut Supreme Court. "I think virtually every day how
fortunate I am to discharge the responsibilities of this office."
Justice Palmer, along with Joette Katz '77 J.D. and Christine
S. Vertefeuille '75 J.D. hold three of the seven seats on the
state's highest court, making decisions that ultimately may
affect the lives of all the state's citizens.
All three of the justices remain actively involved with
the School of Law, either as guest lecturers or participants
in Moot Court sessions with students. Justice Katz previously served
as a member of the faculty and also as a member
of a dean's search committee. Justice Palmer served on the search
committee that selected Dean Nell Jessup Newton. Justice Vertefeuille
addressed the current class of first-year law students.
The justices say that seeing so many of their former
classmates and fellow alumni in court and throughout their
travels makes the UConn School of Law experience unique.
"The school attracts national talent," Justice Katz says.
"We see people we went to UConn with all the time at
functions and in our court. It's like being in a club that is
sustaining. You don't get that when you go to law school
in another state and then come back to practice."
"I'm tremendously proud of the law school," says Justice
Vertefeuille. "As good a school as it was when we went there,
it has a greater national reputation today. We are invited to
do Moot Court at many law schools. We're just thrilled to
see the caliber of our law students. They are so good."
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