Same-sex marriages can legally resume in California as soon as the Ninth Circuit Court of Appeals lifts its stay on the District Court Ruling. I ask that the Ninth Circuit lift this stay immediately, because gay and lesbian couples in California have waited long enough for their full civil rights.
- 9th Circuit, California, Gay, Gay Marriage, Quote of the Day, SCOTUS, State Attorneys General, Supreme Court
A deadly explosion killed eight people and destroyed 38 homes in San Bruno, California on September 9, 2010. The cause of the destruction was a natural gas pipeline owned by Pacific Gas & Electric that ran underneath the homes.
The subsequent investigation turned up a litany of failings on PG&E’s part that contributed to the explosion. PG&E’s regulator, the California Public Utilities Commission, issued a recommendation that PG&E pay no fine, noting that the money the company was spending to modernize its pipelines to prevent future accidents was punishment enough.
This is when a number of CPUC attorneys took a stand against their boss, and their boss clumsily aired the office turmoil in public. And, yes, this all eventually involves the Taliban and a gun-toting enforcer…
The Supreme Court’s decision in Windsor got the attention of the day yesterday, if not the attention of the Term, even if it doesn’t instantaneously make same-sex marriage the law of the land. Shelby County’s Voting Rights Act ruling was historic, but not as historic as it might have been. Section 4’s formula was struck down, but with Section 5 still in place, Congress has an opportunity to redraft an alternative. Fisher’s remand was no mighty victory for either side of the affirmative action debate. It emphasized that strict scrutiny review demands that UT get less deference than the Fifth Circuit panel gave the school. But we really know that this week’s opinion just kicks the can down the road, teeing up next Term’s Schuette v. Coalition to Defend Affirmative Action.
In important ways, Shelby County and Fisher, and in slightly different ways Windsor, keep us talking. Talking about hard issues, but talking. That’s part of the tough stuff of democracy. But SCOTUS’s decision in the California Proposition 8 case, Hollingsworth v. Perry, shuts down democratic dialogue in a way that should make all of us wince. I would rather listen to a thousand screaming Mystals argue about affirmative action through the end of OT 2013 than live with the consequences of this week’s decision in Hollingsworth . . . .
Some say that San Diego has the best weather in the continental United States. But it seems that the climate there might be less than hospitable for large law firms.
Last year, Baker & McKenzie closed its office in San Diego, finding the metropolis didn’t live up to its nickname of “America’s finest city.” And now we have news of another Biglaw firm shutting down its S.D. outpost.
It’s not on the scale of the massive Weil layoffs, but the closing could cause a significant number of lawyers and staff to lose their jobs. Here are the details….
- Anthony Kennedy, Antonin Scalia, California, Constitutional Law, Gay, Gay Marriage, John Roberts, Lesbians, Paul Clement, SCOTUS, Supreme Court
The Supreme Court was called to order at 10:00 a.m. sharp. The Chief Justice announced, “Justice Kennedy has our first opinion of the day in case number 12-307, United States v. Windsor. Everyone, in the bar members section at least, knew that this was the Defense of Marriage Act case.
That Justice Kennedy was announcing the opinion was significant; he wrote Lawrence v. Texas. Still, no one knew if the Court would reach the merits, since the Solicitor General had announced that the Executive Branch would not defend the constitutionality of DOMA.
Justice Kennedy is an orderly man. He set out the procedural background – Edith Windsor and Thea Spyer were married legally in Canada, then came home to New York. Their same-sex marriage is lawful where it was performed and where they lived. Spyer died and left her estate to Windsor. Windsor sought to claim an estate tax exemption for the death of a spouse. DOMA prevented the IRS from recognizing Spyer as Windsor’s spouse. Windsor paid the tax, then challenged DOMA. She won in the district court and the Second Circuit. Justice Kennedy explained how a bipartisan committee found counsel to defend DOMA, and how DOMA was defended ably in the Supreme Court.
(As an aside, Paul Clement took heat for defending DOMA for Congress. When you think about it, if he hadn’t defended it well, the Supreme Court may not have thought it could reach the issue. Paul Clement may be the unsung hero of the DOMA decision.)
So, Kennedy concluded, the Court could reach the merits of whether DOMA is constitutional.
Though a hopeful sign for those who would cheer the demise of DOMA, the decision wasn’t entirely clear….
- Anthony Kennedy, California, Constitutional Law, David Boies, Gay, Gay Marriage, John Roberts, Lesbians, SCOTUS, Stephen Reinhardt, Supreme Court, Ted Olson
The headline in The Onion, which we noted earlier today, pretty much says it all: “Impatient Nation Demands Supreme Court Just Get To The Gay Stuff.” Today, the last day of the Term, SCOTUS granted our wish, issuing its long-awaited rulings on gay marriage in California and on the federal Defense of Marriage Act.
Last night, I attended the New York City Bar Association’s annual reception and cocktail party celebrating LGBT Pride Month. M. Dru Levasseur of Lambda Legal and Lisa Linsky were honored for their work advancing LGBT rights. In her eloquent remarks, Linsky noted that despite all the progress of our community, and regardless of what the Supreme Court rules today, many battles remain to be fought.
How many more battles, and of what intensity? Let’s find out what the Court just decided, on the tenth anniversary of the landmark decision in Lawrence v. Texas….
Please note the multiple UPDATES added below.
Last summer, we brought you a tale about some mom-and-dad law grads who had been accused of planting a potpourri of drugs and drug paraphernalia in a school aide’s car for her apparent failure to “properly supervise” their child. At the time, Kent Wycliffe Easter (UCLA Law ’98) and Jill Bjorkholm Easter (Boalt Hall ’98) were charged with conspiracy to procure a false arrest, false imprisonment, and conspiracy to falsely report a crime.
The pair later pleaded not guilty, but were indicted for those crimes in October. A fact that hasn’t been trumpeted from the rooftops — perhaps it wasn’t salacious enough? — is that according to court records, the complaint against the Easters was dismissed in November.
UPDATE (6/26/2013): But note that the grand jury indictment is still pending.
Kent and Jill Easter are understandably upset after having been dragged through the mud for so long, regardless of the fact they’re still under indictment. And so, like any lawyer would do, the Easters are now suing several parties for defamation….
Please note the UPDATES throughout this post.
No one enjoys driving in Los Angeles. There’s smog, hours of backed up traffic, and occasional car chases. Angelinos can now add one more item to their reasons to hate driving — an area attorney waiting to beat the hell out of them.
“Road rage” is a fact of life in Southern California. Remember this clip from L.A. Story? But people like to — unfairly — think of road rage as a phenomenon afflicting working stiffs, not well-heeled professionals.
However, a veteran attorney lost his cool in a roadside brawl with another motorist in business attire just off the 405 in Van Nuys.
And we have video…
- 5th Circuit, Attorney Misconduct, Bar Exams, Biglaw, California, Divorce Train Wrecks, Edith Jones, John Roberts, Legal Ethics, Morning Docket, Patents, Pro Bono, SCOTUS, Supreme Court, Women's Issues
* When SCOTUS cases involve public companies and rulings are misinterpreted, it can lead to some pretty volatile stock performance, as was evidenced by yesterday’s highs and lows for Myriad Genetics of BRCA1 patent fame. [Washington Post]
* The ethics complaint against Judge Edith Jones of the Fifth Circuit has been transferred to the D.C. Circuit after receiving a blessing from the Chief Justice of the United States. Uh oh, that’s serious business if Roberts is involved. [Times-Picayune]
* The number of women working in the NLJ 350 is sad. They make up only one-third of all attorneys working in Biglaw, and we’re stuck celebrating the tiniest positive changes. Sigh. [National Law Journal]
* Proskauer Rose’s former CFO, Elly Rosenthal, settled her $10M disability discrimination suit against the firm in anticlimactic fashion, “without costs to any party as against the others.” [Am Law Daily]
* California is obviously trying to one-up New York with this one. In addition to a 50-hour pro bono requirement, they’re pushing for 15 hours of real-world training before bar admission. [The Recorder]
* Try to stop a man from throwing a pie in your husband’s face and in return you’ll be served with your wifely walking papers a few years later. Aww, Rupert Murdoch is such a kind old man. [Bloomberg]
Los Angeles is home to many celebrities — and we’re not just talking about Hollywood stars. The superb faculty of UCLA School of Law boasts several prominent pundits and public intellectuals.
How much do star bloggers like Eugene Volokh and Stephen Bainbridge earn from their day jobs? What about such academic adversaries as Kimberlé Crenshaw, the critical-race queen, and Richard Sander, a leading opponent of affirmative action?