Abortion

Non-Sequiturs: 05.22.13

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* In the Western District of Arkansas, judges have to forfeit judicial immunity to go to the bathroom. So if you want to sue a judge, you need to catch them when their pants are literally down. [Hercules and the Umpire]

* Bowman v. Monsanto… in GIFs! [EffYeahSCOTUS]

* Cooley boy makes good! President Obama nominated Christopher Thomas, a Cooley Law School grad and professor, to the Presidential Commission on Election Administration. [White House]

* A judge threw out the fine against a New York artist as unconstitutionally harsh. The artist took an antenna from the trash and cops impounded his car and fined him $2,000. [Thompson Reuters News & Insight]

* The Ninth Circuit struck down Arizona’s “Fetal Pain” Abortion Ban. Sounds like a viable decision. [PrawfsBlawg]

* Work/life balance is when lawyers with kids throw their childless colleagues under a bus. [Slate]

* If you’re reading transcripts of old trials and think the lawyers of yesteryear were smarter, you’re probably right. Western civilization has gotten dumber since the nineteenth century. The reason is summarized by the video after the jump….

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Things That Have Been Thrown Out Potpourri

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A potpourri that’s been thrown away.

It’s a bit of a slow news day around here. Our thoughts and prayers are with the people who have been tornadoed.

I was on the Huckabee show trying to explain the IRS scandal to rabid conservatives. It was like a “road game.” I don’t really feel like providing the considered, rational counter-argument to all the people who are more interested in blaming people than fixing things.

Some of the few legal stories floating around today that don’t involve “OMG OBAMA IS LIKE NIXON (minus all the lying and paranoia)” are things that have been overturned by higher authorities. Like all media outlets, we’re pretty good at covering new laws or lawsuits or convictions as they happen, but less good when a higher court quietly says “GTFO.”

So let’s take this opportunity to breeze through three things that were happening and are now probably not going to happen. We’ve got some abortion news, some BP oil spill news (remember that?), but let’s start with a murdering bastard in Guatemala who looks like he’ll escape justice again…

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Righteous Indignation: The Trial of Dr. Kermit Gosnell and Some Thoughts on Abortion

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Ed. note: This is the second installment of Righteous Indignation, our new column for conservative-minded lawyers.

In Pennsylvania earlier this week, the trial of Dr. Kermit Gosnell drew to a close. Gosnell, a West Philadelphia abortion doctor, is accused of murdering four children who were allegedly born alive after Gosnell’s efforts to abort them. The jury now considers four counts of first-degree murder for the deaths of the children, along with one count of third-degree murder for the death of Karnamaya Mongar, a Bhutanese refugee to whom Gosnell allegedly gave a lethal overdose of Demerol. He also faces twenty-three counts of performing illegal late-term abortions. If convicted of first-degree murder, Gosnell faces the death penalty.

Trial witnesses, including clinic workers, offered gruesome testimony. Some of the allegations: the lethal drug Gosnell injected into the babies in utero failed to stop their hearts, and they emerged from their mothers’ birth canals breathing, wriggling, even crying; Gosnell then “snipped” the backs of the babies’ necks with scissors, severing their spinal cords; and Gosnell joked about the size of the “fetuses” whose spinal cords he cut, including a baby who he said was big enough “to walk me home.”

A mother of another of Gosnell’s alleged victims reportedly delivered her baby into a toilet while waiting for Dr. Gosnell. A clinic worker testified that the child made swimming motions in the toilet bowl before another employee snipped the child’s neck. Prosecutors dubbed Gosnell’s Women’s Medical Society clinic a “House of Horrors”….

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Non-Sequiturs: 04.04.13

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* Roger Ebert has died at the age of 70. A great critic (his audio commentary track on the Citizen Kane DVD is amazing), whose work with the late Gene Siskel basically defined film criticism for a generation. At least now we know how we will be judged when we die — a simple thumbs up, thumbs down from Gene and Roger. [Chicago Sun-Times]

* Exploring the link between baseball’s antitrust exemption and Roe v. Wade. It’s more than just saying the Royals are an abortion of a team. [Concurring Opinions]

* “Bring me the head of the person who did this”: the best closing to a C & D letter ever. [Popehat]

* A Rutgers-Camden 3L breaks down the looming sh*tstorm at Rutgers over basketball coach Mike Rice’s treatment of players. [The Legal Blitz]

* If you’ve pulled off a successful robbery, don’t taunt the victim from a traceable phone. I mean, act like you’ve been there before, man. [Legal Juice]

* It is a little funny to say that a city is looking for weaker swimmers to serve as lifeguards, but ultimately this represents the simplistic nature of the anti-affirmative-action argument: no one is saying lifeguards shouldn’t be qualified, just that a system that only privileges a strong swimming résumé will always result in affluent white kids with 10 years of swim classes getting these jobs. [Volokh Conspiracy]

* Lawyers are often jerks, but this is a new twist. Help out a lawyer trying to make it in the small-batch, artisan jerky business.[Kickstarter]

* Maybe there aren’t actual Commies at Harvard Law School, but the ratio of liberals to conservatives/libertarians on the faculty is still extremely high. [Nick Rosenkranz]

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Which Supreme Court Justice Will Be Painted as a ‘Brilliant Politician’ This Time?

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I leave it to others to decide whether Harry Blackmun was a poor constitutionalist. But based on what he achieved with Roe, he was surely a brilliant politician.

– Francis Wilkinson, a member of the Bloomberg View editorial board, commenting on the politics of the Supreme Court’s Roe v. Wade decision in light of the recent gay marriage debate.

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House Rules The Rates Are Too Damned High! (Part Two)

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First, some random thoughts on the legal news of the week:

1) Who gives two ***** if gay folks get married? Or have the same rights as you and me? My goodness, if two people want to get married, God Bless them! And it is a civil rights issue; being told that you can’t have information on your partner’s hospital stay because of HIPAA is downright medieval. The pastor whose YouTube speech went viral after reading from anti-desegregation literature and turning it into an anti-gay marriage diatribe was probably the most brilliant argument in defense of gay marriage. Twenty years from now we’ll be saying: “Gay marriage? Meh, it’s really those damned ______ that we have to watch out for…” Hey, it’s America, **** yeah!!, every group gets a turn at being the downtrodden.

2) Don’t get me started on North Dakota’s draconian steps with regard to a woman’s right to choose what to do with her own body. Now see, it’s Holy Week and I probably can’t take communion.

3) This DLA Piper billing debacle? Makes me sick, and is a perfect segue into finishing my column from last week. I know I know, DLA came out and said, “Heh heh, we were just kidding. Those guys aren’t even around here anymore. Overbilling? Meh. Never happened, we promise.” What did you expect them to say?

I happen to know personally one of those mentioned in the story, and he was just as much a dim bulb back then, so it is no surprise that he wrote that stuff in an email. That he moved on to a partnership at another firm is no surprise either. I will say that he is infamous for leaving one of the funniest and most outrageous drunk emails voicemails on a colleague’s phone early one morning. And he probably can’t figure out who he is from this blind item in any event. But, I digress, back to overbilling…

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Has Everybody Noticed That States Are Now Openly Ignoring Roe v. Wade?

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Today, SCOTUS is all about the gays, and soon enough, it’ll be back to helping white people overcome affirmative action, but soon — very soon I imagine — some court is going to have to step up and reaffirm a woman’s right to choose. Or strike it down and rouse the overwhelming majority of people who support choice out of their complacency.

But quietly, abortion is under attack. And so we’re going to have to have this fight again.

And when we do, wherever we fall, we’re going to have to update Roe v. Wade to take account of the miracle (or madness) of modern science.

North Dakota just signed in the most restrictive abortion law in the nation, more restrictive than Arkansas’s new law that has received more publicity. But some of the new restrictions seem, almost, enlightened….

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Morning Docket: 03.25.13

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‘You may take our false hopes for employment, but you will never take our right to sue!’

* Many have compared the possible outcome of the gay marriage cases to the Roe v. Wade decision, saying that constitutionalizing the right to gay marriage will create a similar culture war. Relax, bro, your bigotry is showing. You won’t be any less married if everyone has equal rights, promise. [New York Times]

* Everyone thought Justice Kennedy was going to be the deciding voice in the Obamacare case, and that didn’t happen, but when it comes to the future of gay marriage, in the words of RuPaul, Kennedy’s got the right amount of “charisma, uniqueness, nerve, and talent” to save the day (at least as far as California’s Proposition 8 is concerned). [Sacramento Bee]

* Meanwhile, people waiting in line outside of the Supreme Court in the hopes of grabbing one of the 50 seats reserved for the public like it’s a Black Friday sale outside of Walmart. Unemployed law grads, just think, you could be getting paid to sleep outside in a tent right now! [The Caucus / New York Times]

* Modern-day legal education is a “failure” in the eyes of this Supreme Court justice. Now don’t get it twisted, Scalia wasn’t referring to the post-graduate employment crisis that we’ve all come know and loathe — he just thinks we need fewer “law and [insert bullsh*t here]“ classes. [Portsmouth Herald]

* Dewey know when we’ll be able to retire this punny phrasing? Unfortunately, there doesn’t seem to be an end in sight because more than a dozen former partners (including John Altorelli of spy-shagging fame) are still clinging to their claims that the failed firm’s estate owes them money. [Am Law Daily]

* Seeing as Widener’s motion to dismiss as to its allegedly deceptive job statistics was denied, it looks like there’s still time to rally behind the law school litigation cause. Someone on Team Strauss/Anziska needs to go all William Wallace and inspire more would-be plaintiffs to sue. [Law 360 (sub. req.)]

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Judge of the Day: Wade McCree’s Shameless Game Up for Debate in Judicial Misconduct Charges

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It’s not really fair to use the moniker “Judge of the Day” for Judge Wade McCree. With his third appearance in a “Judge of the Day” feature, he’s crossing into Judge of the Decade status.

After sending a compromising picture to a married bailiff and allegedly hooking up with and impregnating a litigant in his courtroom, the state of Michigan has filed a formal complaint against McCree. What’s wrong with Michigan, by the way?

The 21-count complaint includes a number of new allegations against McCree….

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Morning Docket: 03.12.13

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* If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal]

* A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times]

* Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight]

* The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education]

* Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal]

* Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]

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