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White House aids playboy playmate in Court
From Gina Holland
WASHINGTON—Playboy
playmate Anna Nicole Smith has an unusual bedfellow in the Supreme Court
fight over her late husband’s fortune: the Bush administration. The
administration’s top Supreme Court lawyer filed arguments on Smith’s
behalf and wants to take part when the case is argued before the
justices.
The court will decide early next year whether to let the U.S. solicitor
general share time with Smith’s attorney during the one hour argument on
Feb. 28. Smith, a television reality star and native Texan, plans to
attend the court argument.
She is trying to collect millions of dollars from the estate of J.
Howard Marshall II, the oil tycoon she married in 1994 when he was 89
and she was a 26-year-old topless dancer in Houston. Marshall died in
1995. Like Marshall, President Bush was a Texas oil man. Both attended
Yale. Both held government positions in Washington.
There are differences. Marshall had a penchant for strippers, and the
court record before the justices is one of poverty, greed, sex and
family rivalry. A federal bankruptcy judge sided with Smith in the fight
over her late husband’s estate, awarding her $474 million. That was
reduced to about $89 million by a federal district judge, then thrown
out altogether by a federal appeals court.
The issue before the high court is one only lawyers would love: when may
federal courts hear claims that involve state probate proceedings. Smith
lost in Texas state courts, which found that E. Pierce Marshall was the
sole heir to his father’s estate. The Bush administration’s filings in
the case are technical. Without getting into the details of the family
squabble, Solicitor General Paul Clement said that the justices should
protect federal court jurisdiction in disputes.
Jeffrey Schwartz, the New Orleans lawyer for the former bartender, had
to relocate his family and office out-of-state. A jury had awarded
Jenifer Arbaugh $40,000, but it’s unclear if she wins at the Supreme
Court how much the Moonlight Cafe will be able to pay.
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