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Thomas Che Goldstein (born 1970) is an American lawyer known for his advocacy before and blogging about the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. He was a founding partner of Goldstein and Howe (now Goldstein & Russell), a
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, firm specializing in
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, and was, until the end of 2010, a partner at
Akin Gump Akin may refer to: People *Akin (given name), a list of people *Akin (surname), a list of people *Akın, a list of people with the Turkish given name or surname Places *Akin, Illinois, a town in the United States *Akin, Aksaray, a village in Ak ...
, where he was co-head of the litigation and Supreme Court practices. In 2003, he co-founded ''
SCOTUSblog ''SCOTUSblog'' is a law blog written by lawyers, law professors, and law students about the Supreme Court of the United States (sometimes abbreviated "SCOTUS"). Formerly sponsored by Bloomberg Law, the site tracks cases before the Court from t ...
'', the most widely read blog covering the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, and remains the publisher and occasional contributor, providing analyses and summaries of Supreme Court decisions and cert petitions. He has taught Supreme Court Litigation at Harvard Law School since 2004, and at Stanford Law School from 2004-2012.


Education

He graduated from the
University of North Carolina at Chapel Hill A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States ...
with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
in 1992 and from the
American University Washington College of Law The American University Washington College of Law (AUWCL or WCL) is the law school of American University, a private research university in Washington, D.C. It is located on the western side of Tenley Circle in the Tenleytown section of no ...
with a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
in 1995. After law school he clerked for Chief Judge
Patricia Wald Patricia Ann McGowan Wald (September 16, 1928 – January 12, 2019) was an American judge who served as the Chief United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) and as a judg ...
of the
U.S. Court of Appeals for the D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
.


Supreme Court practice

Over the past fifteen years, Goldstein has served as one of the lawyers for one of the parties in just under 10% of the cases argued before the Supreme Court. Goldstein has argued 30 cases himself. Notably, Goldstein served as second chair for
Laurence Tribe Laurence Henry Tribe (born October 10, 1941) is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School. A constitutional law sc ...
and
David Boies David Boies (; born March 11, 1941) is an American lawyer and chairman of the law firm Boies Schiller Flexner LLP. Boies rose to national prominence for three major cases: leading the U.S. federal government's successful prosecution of Microsof ...
on behalf of Vice President
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic Part ...
in ''
Bush v. Gore ''Bush v. Gore'', 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, th ...
''. He also served as second chair for
Laurence Tribe Laurence Henry Tribe (born October 10, 1941) is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School. A constitutional law sc ...
on ''
New York Times Co. v. Tasini ''New York Times Co. v. Tasini'', 533 U.S. 483 (2001), is a leading decision by the United States Supreme Court on the issue of copyright in the contents of a newspaper database. It held that ''The New York Times'', in licensing back issues of the ...
'' (decided in 2001). "The Hustler," an April 2006 article by Noam Scheiber in ''
The New Republic ''The New Republic'' is an American magazine of commentary on politics, contemporary culture, and the arts. Founded in 1914 by several leaders of the progressive movement, it attempted to find a balance between "a liberalism centered in hum ...
'',Noam Scheiber
The Hustler: Meet Tommy Goldstein
''
The New Republic ''The New Republic'' is an American magazine of commentary on politics, contemporary culture, and the arts. Founded in 1914 by several leaders of the progressive movement, it attempted to find a balance between "a liberalism centered in hum ...
'', 2006-04-10.
asserted that Goldstein has had an out-sized impact on the Supreme Court, going so far as to suggest the Court was the "Goldstein Court," a phraseology usually reserved for the Chief Justice of the United States during a particular period (e.g. " Roberts Court", "
Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
Court", " Taft Court"), but the article offered no empirical data to support that claim. The article focuses on the practice pioneered by Goldstein of identifying and pursuing cases that are likely to be reviewed by the Supreme Court. At the time, the practice was extremely controversial and analogized to ambulance chasing by established members of the bar, including by now-Chief Justice John Roberts, who quipped about contacting the lawyers in cases that if you needed a heart-surgeon, you would not pick the one who called you out of the blue. The practice has since become commonplace among almost all law firm Supreme Court practices and the several Supreme Court litigation clinics in law schools.


Blog

Goldstein founded ''SCOTUSblog'', a prominent blog covering the Supreme Court. In 2013, ''SCOTUSblog'' received the
Peabody Award The George Foster Peabody Awards (or simply Peabody Awards or the Peabodys) program, named for the American businessman and philanthropist George Peabody, honor the most powerful, enlightening, and invigorating stories in television, radio, and ...
for excellence in electronic media. It is the first blog ever to receive the Peabody. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court's healthcare ruling. Furthermore, it serves as a constantly updated site for information and news about the Supreme Court — the submissions of new petitions, decisions concerning ''certiorari'', decisions concerning stays of lower court decisions — particularly executions, oral arguments, and final decisions in all cases. In 2010, ''SCOTUSblog'' became the only weblog to receive the American Bar Association’s Silver Gavel Award for fostering public understanding of the law. While generally regarded as objective, the blog (and Goldstein) on occasion is the subject of criticism from commentators on both the left (such as
Glenn Greenwald Glenn Edward Greenwald (born March 6, 1967) is an American journalist, author and lawyer. In 2014, he cofounded ''The Intercept'', of which he was an editor until he resigned in October 2020. Greenwald subsequently started publishing on Substac ...
) and the right (such as Ed Whelan).


Other notable activities

Goldstein has taught Supreme Court Litigation at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
since 2004, and at
Stanford Law School Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford La ...
from 2004-2012. In 2013, Goldstein was elected to the
American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
and he currently serves as an Adviser on ALI's Restatement Third, Torts: Intentional Torts to Persons.
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
: Secretary of the Labor and Employment Section, Vice Chair of the Amicus Committee of the Intellectual Property Section. On October 7, 2020, Goldstein represented Google in '' Google LLC v. Oracle America, Inc.'', his 44th argument before the U.S. Supreme Court.


Media and professional recognition

Goldstein has been recognized as: * One of the 100 most influential lawyers in the nation (National Law Journal, 2006 and 2013) * One of the 40 most influential lawyers of the decade (National Law Journal) * One of the 90 Greatest Washington Lawyers of the Last 30 Years (Legal Times). * Fellow,
American Academy of Appellate Lawyers The American Academy of Appellate Lawyers is a non-profit organization consisting of the Fellows who have been elected to the Academy. It was founded in 1990 and incorporated as a 501(c)(3) in 1991. Its mission is to "advance the highest standards ...


References


External links


Golstein previews the 2008 Supreme Court docket
in the ''
Harvard Law Record The ''Harvard Law Record'' is an independent student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States. Characteristics The ''Record'', a print and online publication, includ ...
'' * {{DEFAULTSORT:Goldstein, Tom 1970 births American legal scholars Washington College of Law alumni Lawyers from Washington, D.C. Place of birth missing (living people) University of North Carolina at Chapel Hill alumni Harvard Law School faculty Living people Members of the American Law Institute