SCOTUS in the house at SOTU.
President Barack Obama delivered his State of the Union address this evening, and it was even less exciting than last year (which was less exciting than the year before, when the famous Obama v. Alito showdown over Citizens United took place). Tonight was light on drama — one of the most compelling moments came early on, with the arrival in the chamber of retiring Congresswoman Gabrielle Giffords — and President Obama’s speech was light on new ideas. Considering that we’re in an election year, with no major legislation likely to pass anytime soon, this shouldn’t come as a surprise.
Your Above the Law editors covered the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky.
Here’s an open thread for discussion of the address. We’ll get the party started with a few legally oriented highlights, after the jump.
Continue reading “The State of the Union (2012): Open Thread”
C'mon, Your Honors, look lively!
Tonight, as everyone knows, President Barack Obama will deliver his State of the Union address. The speech starts at 9 p.m. (Eastern time). For real-time reactions over Twitter, follow @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky. For a post-speech wrap-up, check Above the Law, either late tonight or tomorrow morning.
For Supreme Court nerds, here’s the perennial question: How many members of SCOTUS will show up at the SOTU? Feel free to make your guesses, in the comments.
Here’s some historical perspective to inform your speculation….
Continue reading “SCOTUS at the SOTU: Some Historical Perspective”
Rick Perry is so sad.
* Rick Perry’s primary ballot election law suit in Virginia was unsuccessful, but maybe the Fourth Circuit will help him out on appeal. Or not. At least Huntsman’s out of the race, right? [Bloomberg]
* That didn’t take too long. The National Federation of Independent Business has officially popped the cherry on filing lawsuits challenging Obama’s recess appointments. [Businessweek]
* Even if law schools changed their teaching methods to include more experiential learning opportunities, would anyone care? To that, the latest hiring patterns say: “LOL, srsly?” [National Law Journal]
* Joran van der Sloot has been sentenced to 28 years for the murder of Stephany Flores. Parents will now be able to allow their college-aged kids to spend spring break in Aruba until 2038. [CNN]
* Protip for child predators: claiming that you don’t remember pleading guilty will bring you as much success as your career in children’s balloon entertainment and law — not a lot. [Orlando Sentinel]
* The lawyers at this small firm might quality for senior citizen discount specials, but they’re working hard to put their 161 years of experience to good use. P.S. they’re hiring! [New York Times]
It’ll take some time before a court rules on the legality of Barack Obama’s recess appointment of Richard Cordray to the Consumer Financial Protection Bureau. In case you haven’t been paying attention, Obama nominated Cordray two years ago, but the Republicans have refused to allow his nomination to come to a vote. Obama then wanted to use his recess appointment powers to fill the vacancy while Congress was away, but Republicans have blocked that through a series of sham sessions in which a couple of members gavel in and gavel out in a few seconds every couple of days. Last week, Obama decided those sessions did not constitute real sessions and appointed Cordray anyway, and we’ve all been treated to a week of howling from the right about an “illegal” power grab by the executive branch.
I appeared on the Mike Huckabee Show this weekend and defended the president’s appointment. It felt a lot like writing here at ATL: the live studio audience even booed me to make me feel at home.
But on Friday, Republican lawmakers did something really funny: they asked Eric Holder and the Department of Justice to explain what role the Office of Legal Counsel played in advising or authorizing Obama’s move. I’m immediately reminded of Bones McCoy trying to get back to the quarantined Genesis planet in Star Trek III when he says: “There aren’t gonna be any damned permits! How can you get a permit to do a damned illegal thing?”
Regardless of the legality of the recess appointments, did Obama do the right thing?
Continue reading “Recess Appointments: How Do You Stop A Legal Sham?”
* Is the Roberts court really as pro-First Amendment as we’ve been led to believe? Lawyers aren’t really that good at math, but they’ve done studies, you know. And 34.5% of the time, it works every time. [New York Times]
* The people at the ABA aren’t concerned that William Robinson’s remarks made him seem like a tactless tool. Instead, they’re concerned that his “quotes were used out of context.” [Thomson Reuters News & Insight]
* Duncan Law wants the ABA to remove a memo denying the school’s provisional accreditation from its website. Why? So students will keep applying and paying them tuition money. At least they’re being honest. [Knoxville News Sentinel]
* Montgomery Sibley, whose license to practice is suspended, is running for president and suing “Barrack” Obama. Well, that’s a unique way to establish standing in a birther lawsuit. [Huffington Post]
Prof. Hans Smit
* Money can’t buy happiness, but it can buy your way out of jail. Just ask Floyd Mayweather. Thanks to this judge, he’ll be fighting someone other than his ex on Cinco de Drinko. [Washington Post]
* Hans Smit, beloved Columbia Law professor (and owner of a $29 million mansion), RIP. [Columbia Law School]
* The actress suing IMDb has finally been unmasked. I’ve never heard of her, but she’s probably suing for more than she’s ever made in her B-movie Z-movie career. [New York Daily News]
Mountain Dew: a mouse could not survive in this environment, according to PepsiCo counsel.
* Pepsi lawyers offer a creative (if disturbing) defense to a lawsuit by a man who claims he found a mouse in his Mountain Dew. [Madison County Record via The Atlantic Wire]
* Will birther queen Orly Taitz get to depose — i.e., “rupture the jurisprudential hymen” — of President Barack Obama? That would be kind of awesome. [Columbus Ledger-Inquirer]
* Professor Ann Althouse raises an interesting “who decides?” question about Cleveland’s controversial ban on trans fats. [Althouse]
* Please, lawyers, stick to cocaine. Allegations of crystal meth usage are très déclassé. [NewsOK.com]
* Kudos to Kirkland & Ellis for coming to the defense of lesbian and gay public employees in Michigan. [Poliglot / Metro Weekly]
* It seems that the Montana Supreme Court isn’t a fan of the Citizens United decision. [Huffington Post]
* Jamin Soderstrom, a (rather cute) former S&C associate and current Fifth Circuit clerk, has written a book (affiliate link) analyzing the qualifications of presidential candidates and the relationship between résumés and presidential success. [Tex Parte Blog]
* If you’re a law professor / blogger who wants to get a rise out of fellow profs, write posts in praise of Paul Campos (just voted our 2011 Lawyer of the Year — congrats again, Professor Campos). [PrawfsBlawg]
It woud be nice if the Senate could have actually given this guy a vote instead of forcing the present ugliness.
* The recess appointment of Richard Cordray to head the CFPB could get tricky — not because Republicans are outraged by recess appointments (much like Democrats are outraged by obstructionist filibusters), but because Congress isn’t technically in recess, due to the sham sessions Congress has been running. [WSJ Law Blog]
* Milbank, if you’re going to brag about being the only major Wall Street firm to have an Orthodox Jewish woman as a partner, you better be telling the truth, you meshuganas. [Thomson Reuters News & Insight]
* The ABA responded to the Duncan Law antitrust suit. Its basic response is that the ABA doesn’t arbitrarily keep bad schools out, it only arbitrarily lets bad schools in. [Law School Transparency]
* But Duncan probably isn’t just in it for the legal fight. The school wants to bring media attention to the ABA’s random oversight of legal education. [Law Librarian Blog]
* Does Obama need to endorse gay marriage before the election? Or does he just tell the gay community “Santorum” until they get on board? [The Root]
* Is it really that surprising that the unemployed are NOT on drugs? Aren’t Republicans the ones who are supposed to understand that in a market, desirable goods cost money? If you want to drug test a constituency, do a random raid at a white-shoe law firm, and don’t forget your chemistry set. [Huffington Post]
* It’s nice to ask permission before you appropriate somebody’s song as your campaign theme. [Fox News]
* Thanks to everybody who voted for us as their favorite legal blog for news in the ABA Journal’s Blawg 100 poll. You’ve given us the strength to keep reporting on spring bonuses, even though they don’t technically exist yet. [ABA Journal]
David Brooks
The country doesn’t want an election that is Harvard Law versus Harvard Law.
– David Brooks of the New York Times, in a recent column offering praise for what he describes as “working-class candidate[s]” like Rick Santorum and Sherrod Brown (and implicitly dissing Barack Obama and Mitt Romney, both graduates of Harvard Law School).
It's pronounced 'Mystal' like 'Cristal,' not to be confused with Elie's crystal ball.
Welcome back to work. I’m not going to act like a flight attendant and “welcome” you to a place we all got to at the exact same time, but I do hope your 2012 is starting off well.
In case you missed it on New Year’s Eve, we took a look back at our biggest stories of 2011. Now, let’s turn our gaze to the future. What do you think will happen in 2012?
I’ll get us started: The world will not end, nor be impacted in any special way on December 21, 2012….
Continue reading “2012 Predictions: ATL’s Calendar Goes All the Way to 2013″
* Obama took a break from his vacation to sign the NDAA. But don’t worry, as long as he’s president, he’ll never indefinitely detain American citizens. Oh boy, we get a one-year guarantee. [New York Times]
* “By your powers combined, I am Captain Primary!” Four Republican presidential candidates are joining forces to assist Rick Perry in his quest to conquer Virginia’s evil election laws. [Bloomberg]
* 31% percent of lawyers are planing to make new hires in the first quarter of 2012. The other 69% are busy doing Scrooge McDuck-esque swan dives into vaults full of money. [Washington Post]
* What will happen as a result of non-lawyer firm ownership? More money may be good for lawyers, but not clients. But if it leads to bigger bonuses, most lawyers won’t care. [Corporate Counsel]
* Howrey going to get out of these class action cases? Howrey going to pay the rent? Screw all of that, here’s the most important question: Howrey going to get paid? [Am Law Daily]
* Here’s something for all of the Roe v. Wade opponents to celebrate: two doctors have been charged with murder for performing late-term abortions in Maryland. [Star-Ledger]
* And in other abortion news, according to a lawsuit, babies are no longer kosher at this Long Island deli. A woman claims her boss forced her to lose her kid or lose her job. [New York Post]
* In case you missed our coverage on these cases, the Institute for Legal Reform is rehashing last year’s craziest lawsuits in its survey of the Top Ten Most Ridiculous Lawsuits of 2011. [Yahoo!]
* Guys in my high school White House dropped threats to veto defense bills authorizing infinite detention of U.S. citizens all the time, it was no big deal. Nothing like bastardizing the Sixth Amendment. [New York Times]
* So much for occupying the court system, eh? This judge won’t budge on dismissals, and more than half of the OWS protesters who appeared in court yesterday accepted an offer over going to trial. [Bloomberg]
* Gibson Dunn says that it will file a motion to dismiss Paul Ceglia’s Facebook suit in January. Now taking bets on whether Ceglia will have another lawyer by then. [Buffalo News]
* Just like Michael Jackson, Conrad Murray’s money was gone too soon. He’s requesting a public defender to handle the appeal of his conviction for involuntary manslaughter. [CNN]
* Lindsay Lohan was finally able to please Judge Sautner during her probation progress hearing. She was also able to please her adoring fans, because she reportedly flashed her bra. [USA Today]
* Rod Blagojevich is sentenced to 14 years but his hair will be out in seven if it behaves. [Sentencing Law and Policy]
* Jerry Sandusky was re-arrested. This dude needs to be put in the Hannibal Lecter cell. Can’t you hear this guy saying, “A pizza boy tried to deliver to my house once. I S’ed his D after luring him with jellybeans and a Good & Plenty.” [Deadspin]
* Has the Leveson Inquiry into News of the World been “hijacked” by celebrities? Aren’t they the only ones that matter? [Lady of Law]
* The RIAA is about as neutral as a spider regarding something it’s caught in its web. [Simple Justice]
* Should being a world-renowned liar get you barred from practicing on character and fitness grounds? [Reuters]
* When going to the dentist feels like going to the spa, you might be spending too much time in the law school library. [Life in the Law School Lane]
* Obama’s pivots on tax cuts show why he’s the Republican frontrunner for the 2012 nomination. [Going Concern]
* I guess it really doesn’t matter how much lawyers love Ron Paul if Biglaw firms keep emptying their seemingly overflowing coffers into Obama’s re-election campaign. [Washington Post]
* Congratulations to Yale Law School graduate Ronan Farrow, son of Woody Allen and Mia Farrow. Ronan probably isn’t shallow and empty with no ideas and nothing interesting to say, since he’s just been named a 2012 Rhodes Scholar. [ABC News]
* National drinking age laws: keeping women from killing themselves or being murdered since the 1980s. Now where’s the study on how many people actually obey these laws? [USA Today]
* A Florida woman has disappeared after battling it out with her ex-fiancé over an engagement ring on The People’s Court. As if you needed another reason not to be seen on that show. [Daily Mail]
* According to a new law in England, water might be wet, but that doesn’t mean it’ll fix dehydration. Not elementary, my dear Watson, but “stupidity writ large.” [International Business Times]
* The fall of the Third Reich fourth tyke? Poor little Adolf Hitler’s parents have lost custody of yet another child thanks to the state of New Jersey. [New York Daily News]
* John Wilkes Booth. Lee Harvey Oswald. Oscar Ortega-Hernandez. Sorry, Oscar, you have three names, but you didn’t actually kill the president, so you don’t get to join the club. [New York Times]
* Former SCOTUS clerk Roy McLeese III has been nominated for a seat on the D.C. Court of Appeals. I don’t have an opinion on this yet because I can’t tell if he’s cute. [Blog of Legal Times]
* Do you really think that the .XXX domain is going to have any remarkable effect on the online porn industry? Besides more men with sticky keyboards and angry girlfriends, what’s the problem? [CNET]
* USC Law won’t be adding a tax LL.M. program. Because just dying is more advisable than adding additional debt to your name under the school’s debt solution plan. [National Law Journal]
* Wishing a very happy holiday season to you and yours with this top-of-the-line molotov snow globe. Hallmark: When You Care Enough to Send the Very Best. [New York Daily News]
The president looks good in a doctor's coat, no?
In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)
In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….
Continue reading “Supreme Court To Decide Constitutionality of Obamacare”
The other day, President Obama announced a “new” plan to help ease the burden of student debts, except it wasn’t really new, and it didn’t really help.
The mainstream media parroted the administration’s spin on the proposal, but it makes sense that the White House would want to find some students who were also excited about the plan to reduce the Income Based Repayment percentage to 10% in 2012.
Well, they found one. And he’s a law student.
President Obama is tweeting about this new support….
Continue reading “If This Is the Kind of Law Student Who Supports Obama’s Debt Relief Plans, the President Is in Trouble”
President Barack Obama really thinks recent graduates are stupid. Seriously, he thinks that graduates out there suffering under crushing debt obligations in an economy where there aren’t enough jobs to go around are so dumb that they don’t even know what they want.
Educational debt has been a big part of the Occupy Wall Street protests. Today, President Obama will announce “new” programs to help students in debt. At least, he wants the media to report these programs as “new.” Those who have been paying attention, such as debt-saddled law students, will recognize that there is very little “new” about these programs.
In fact, Obama seems to honestly think that students and recent graduates wouldn’t be so angry if they knew about all the programs already in place.
It’s all a bit patronizing. If the Obama administration had really been paying attention, they’d know that recent graduates want meaningful reform, not the piecemeal incremental efforts that we’ve seen so far….
Continue reading “Obama’s ‘New’ Plans For Student Debt Are Not New In Any Way”
Robert Bork
Some lawyers can be so circumspect in speech and so careful in action that they’re just plain boring. Such caution might help you make it to the Supreme Court someday, but it’s not a recipe for a very fun life.
Thankfully, not all brilliant lawyers are afraid of speaking their minds. Take Robert Bork, the former U.S. Solicitor General and D.C. Circuit judge whose Supreme Court nomination famously went down in flames in 1987 — due in part to his loquaciousness during his confirmation hearings.
Judge Bork, now 84, is currently a fellow at the Hudson Institute think tank. He’s not as involved in public life as he once was, but he’s not completely out of the picture. For example, he’s serving as a legal adviser to Republican presidential contender Mitt Romney (a development that some on the left have criticized).
And Judge Bork continues to make controversial pronouncements, most recently in an interview with Newsweek….
Continue reading “Borking Up a Storm: Romney’s High-Profile Legal Adviser Speaks His Mind”
It continues to baffle me how this president who was elected thanks to the overwhelming support of young people can’t see the crushing effect of student debt. I honestly think that President Obama has a blind spot on this issue because he was able to pay off his debts with a book deal. Not everybody gets a book deal.
Heck, in this economy, not everybody gets a job.
And if you don’t have a job, paying off your student loans is the last thing on your list. First comes shelter, then food, then dating, then internet (so you can look for jobs), then all the bills where they take something away from you if you don’t pay, then alcohol, and then you see if you have any money left over to pay your student loans.
I didn’t make that last paragraph up. That’s a pretty standard hierarchy of human needs.
For some reason, Obama doesn’t understand that. He seems to think that if you pester people more, they’ll pay off their loans. Thanks to this flawed logic, expect debt collection calls to be coming to a cell phone near you….
Continue reading “Obama Authorizes More Debt Collection Calls in Futile Attempt to Collect Blood From Rocks”
Karolina Stefanski
* Anna Nicole Smith is still screwing old white men from beyond the grave. Biglaw firms want Heller Ehrman’s claims to be decided in federal court, not bankruptcy court. [Thomson Reuters News & Insight]
* Kirkland & Ellis is pledging $2.75M to Stanford Law over the next five years in an effort to convince more students to take douchey pictures in front of their office signage. [Stanford Daily]
* Slow and steady wins the race, especially when it comes to reporting the news. A few news sites were eager to let readers know that Amanda Knox lost her appeal… except she didn’t. [Atlantic Wire]
* The Supreme Court has rejected yet another Obama birther lawsuit. Legal reasoning? “STFU, we’ll probably only have to deal with this dude for another year.” [CBS News]
* TWU to NYPD: Please don’t force us to listen to these Occupy Wall Street fools. We’d rather have our regular crazies on board. Of course, their lawsuit says it a bit more eloquently. [Wall Street Journal]
* Karolina Stefanski is being sued by an ex over some blank checks to the tune of $80K. Seriously, who cheats on a Playboy model? I mean, come on, boobs. [New York Post]
