Barack Obama

Back in November 2013, the U.S. Senate passed the so-called “nuclear option,” eliminating the threat of squelching the president’s executive branch and judicial nominations by filibuster. Under the new rules, a nominee only needs 51 votes to break a potential filibuster, instead of the 60 votes previously needed. Democratic senators lubricated nominees’ paths to confirmation. Finally, we were told, a cantankerous Republican minority could no longer block all the well-qualified, uncontroversial nominees that the president had waiting in the queue.

Nevertheless, yesterday the Senate voted to reject President Obama’s nomination of Debo Adegbile to head the Department of Justice’s Civil Rights Division. The 47 – 52 vote failed to reach the 51 votes necessary to achieve cloture and advance the nomination. Seven Democratic senators — Senators Bob Casey of Pennsylvania, Joe Manchin of West Virginia, Mark Pryor of Arkansas, Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, John Walsh of Montana and Chris Coons of Delaware — opposed the nominee. Adegbile is perhaps best known for his work leading litigation for the NAACP Legal Defense and Education Fund, often known simply as LDF.

No Republicans voted against their party line. Perhaps some of them opposed his nomination on principle; perhaps some reflexively opposed an Obama nominee. The Democrats who voted against Adegbile, however, took a clear and conscious against him. Effectively, Democrats killed Adegbile’s nomination.

Why? Despite his other professional accomplishments, Adegbile’s problems in the Senate can be summed up in a word: Mumia. In six words: convicted and controversial cop-killer Mumia Abu-Jamal . . . .

double red triangle arrows Continue reading “Welcome To The Post-Filibuster Senate: The Bipartisan Rejection Of Debo Adegbile”

Kristen Saban

* Justice Scalia apparently has an ulterior motive for his hatred of deep-dish pizza: “He’s just trying to undermine Barack Obama because he’s a Chicago guy.” God, can’t the guy just like New York style pizza better? Come on. [WSJ Law Blog (sub. req.)]

* Now that the Federal Communication Commission’s net neutrality rules have been smacked down by the D.C. Circuit, the agency is going to start from scratch and come up with some new ones. Yeah, good luck with that. [National Law Journal]

* “Roll your window up, ignore the taunting, put your car in reverse, move a parking spot over.” These are some of the ways you can avoid killing black teenagers over loud music, says a Michael Dunn juror. [CNN]

* The toupee gave it away: A lawyer who used to work as an i-banker at Stratton Oakmont is suing for defamation over a character he claims was modeled after him in the “Wolf of Wall Street.” [ABC News]

* The lawsuit filed against Nick Saban’s daughter by her sorority sister was tossed under Alabama’s “stand your ground” rule over her objections that she was kind of like a defenseless receiver. [Associated Press]

Bradley Cooper: a very handsome man, but sadly not a lawyer.

Seemingly random small-firm lawyers from Alabama weren’t the only legal types in attendance at the White House State Dinner on Tuesday evening. Indeed, as we’ve previously noted, numerous legal celebrities attended the festivities as well.

Sure, there were some “celebrity celebrities” at 1600 Pennsylvania Avenue that night. The guest list included such boldface names as J.J. Abrams, Stephen Colbert, Bradley Cooper, Mindy Kaling, and Julia Louis-Dreyfus.

But who cares about Hollywood? Above the Law readers are more interested in the government lawyers, federal judges, Biglaw partners and law professors who attended this major social event….

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Kourtney and Caleb Ballew, posing for a picture while at the White House for a state dinner with President Obama (with a portrait of Jacqueline Kennedy Onassis in the background).

The White House State Dinner that President Barack Obama hosted on Tuesday night in honor of President François Hollande of France featured quite the convocation of legal eagles. As we mentioned yesterday, attendees included such law-world luminaries as Justice Elena Kagan, Secretary Jeh Johnson, and ATL’s reigning Lawyer of the Year, Roberta Kaplan.

Also in attendance: Caleb Ballew and Kourtney Ballew. They’re a pair of twenty-something, small-firm lawyers from Huntsville, Alabama.

Say what? Did the Obama White House get Salahi’d again?

Actually, no. The Ballews came as honored guests of President Obama and First Lady Michelle Obama.

Because the Obamas have had so few state dinners, invitations to the ones they do host are in especially high demand. How did two recent law school graduates score one of the most coveted invites in the country? I interviewed the Ballews to find out….

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It’s time for the State of the Union again, which means it’s time to gather around the TV and thoughtfully discuss the future of the country play a sophomoric game based on the events that we expect to unfold over the course of the evening.

Remember to follow your Above the Law editors covering the speech via Twitter. See @ATLblog@DavidLat@ElieNYC@StaciZaretsky, and @JosephPatrice.

Now, on to the game….

double red triangle arrows Continue reading “BINGO! Getting Drunk During the State of the Union”

The New Yorker recently published a profile of President Barack Obama, written by David Remnick. Eighteen pages and approximately 17,000 words long, it’s the sort of long-form journalism many of us yearn for in a blighted age of listicles and blurbs and click-bait articles the titles of which sound more like threats than topics of meaningful discussion.

In the piece, the President says:

“There is a historic connection between some of the arguments that we have politically and the history of race in our country, and sometimes it’s hard to disentangle those issues [ . . . ] You can be somebody who, for very legitimate reasons, worries about the power of the federal government—that it’s distant, that it’s bureaucratic, that it’s not accountable—and as a consequence you think that more power should reside in the hands of state governments. But what’s also true, obviously, is that philosophy is wrapped up in the history of states’ rights in the context of the civil-rights movement and the Civil War and Calhoun. There’s a pretty long history there. And so I think it’s important for progressives not to dismiss out of hand arguments against my Presidency or the Democratic Party or Bill Clinton or anybody just because there’s some overlap between those criticisms and the criticisms that traditionally were directed against those who were trying to bring about greater equality for African-Americans. The flip side is I think it’s important for conservatives to recognize and answer some of the problems that are posed by that history, so that they understand if I am concerned about leaving it up to states to expand Medicaid that it may not simply be because I am this power-hungry guy in Washington who wants to crush states’ rights but, rather, because we are one country and I think it is going to be important for the entire country to make sure that poor folks in Mississippi and not just Massachusetts are healthy.

When the President draws a connection between contemporary advocates of limited government and the vicious history of American apartheid, the public is wont to think that this connection is accepted truth. He sets a new starting point for discourse, a new baseline for measuring the claims of his political opponents. He leads the average citizen to think that there’s no argument needed for these conclusions . . . even though an actual argument is definitely called for to support accusations of this sort.

Nevertheless, he might be onto something. No. Seriously…

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Jeh Johnson

Last year was a pretty great one for partners of Paul Weiss. And we’re not talking just about profits per partner, although we expect they’ll be robust once again.

In June, Roberta Kaplan scored a big win in the Supreme Court in United States v. Windsor. Representing Edie Windsor, a widow who got hit with hefty taxes when her wife passed away, Kaplan got section 3 of the Defense of Marriage Act struck down. Just yesterday, we declared Robbie Kaplan our 2013 Lawyer of the Year.

But she wasn’t the only PW partner who had an exciting 2013. In December, Jeh Johnson left the firm to become our nation’s fourth Secretary of Homeland Security.

On the morning of December 19, Johnson sent around a wonderful departure memo, which we’d like to share with you now….

double red triangle arrows Continue reading “Departure Memo Of The Day: Jeh Johnson Parting With Paul Weiss”

The federal judiciary thanks you.

* Barack Obama is trailing George W. Bush when it comes to leaving his mark on the federal courts, but that’s probably because Senate Democrats didn’t go nuclear quickly enough. [Blog of Legal Times]

* When it comes to 2013, one thing’s for sure: it wasn’t boring. Many of this year’s movers and shakers hailed from top Am Law 100 law firms — like Ted Cruz (formerly of Morgan Lewis). [American Lawyer]

* John Ray III isn’t going to sit back and allow a jury to shut down his discrimination and retaliation case against Ropes & Gray. He filed a notice of appeal last week, and he’s pissed off. [National Law Journal]

* Utah has until the end of January to figure out how it’s going to go about defending its same-sex marriage ban before the Tenth Circuit. Just a thought: the “it’s still gay, even if the balls don’t touch” theory of law isn’t going to cut it. [Deseret News]

* A lawyer for the Texas judge accused of strangling his girlfriend is offering media outlets a superb defense story on behalf of his client. He wasn’t trying to kill her, he was trying to save her! [New York Daily News]

* Here’s some advice on how to submit your law school application on time. If you don’t know how to meet a deadline, you’re going to make a great lawyer. [Law Admissions Lowdown / U.S. News & World Report]

We live in a Christian nation ‘Jack.’

Chris Sevier, the Apple Porn plaintiff, channelling his hero, Phil Robertson. According to Sevier’s rambling, 91-page complaint, A&E’s decision to suspend Robertson indefinitely will have a chilling effect on the practice of Christianity. President Obama makes it into the complaint because he’s allegedly in cahoots with the network in an elaborate strategy to further the gay agenda through basic cable.

(Look, if cable television stations were the locus of a vast conspiracy to enforce a gay agenda, shouldn’t Sevier be suing over the existence of Bravo?)

Edward Snowden

* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]

* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]

* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]

* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]

* These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]

* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]

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