We briefly mentioned a lawsuit over the new ultrasound-before-abortion law in Texas back in June, and now it has turned into a full-blown media circus. The suit argues that this new law is unconstitutional, and it was brought by a group of Texas doctors who are being represented by the Center for Reproductive Rights. The case is being presided over by Judge Sam Sparks of the United States District Court for the Western District of Texas.
And thanks to Judge Sparks, sparks themselves are flying in his courtroom. Lawmakers have tried to intervene in this controversial abortion case at least twice before, and each time, Judge Sparks has politely rejected their attempts to butt in with their amicus briefs. The courtroom, as Judge Sparks sees it, is simply no place for political grandstanding.
But Judge Sparks must have been at his wit’s end with all of these amicus interlopers, because his last order with regard to the subject is anything but polite. You know you’re screwed when a judge has essentially called you an incompetent imbecile….
Back in 2009, some teen girls in Indiana had a sleepover that lived up to any teen boy’s fantasy version of one. After racy photos from the summer slumber party made their way to the principal’s office, two of the athletes in attendance were suspended from school sports for the year. That’s, like, totally unfair, said the ACLU, which helped the students sue the school, alleging violation of their First Amendment right to post slutty photos of themselves online.
The girls took photos of themselves “playing” with “phallic-shaped rainbow colored lollipops,” in the court’s words. It sounds like the oh-so-innocent unicorn horn lollipop to me. Though unicorns are usually associated with purity and virginity, these girls took the horn in a different direction, using it in photo shoots that simulated various sexual positions. I’ll leave the descriptions to the court, which wrote one of the racier opinions [pdf] I’ve ever come across (via Professor Eric Goldman’s Technology and Marketing Law Blog)….
The Eleventh Circuit has declared that Obamacare’s individual health care mandate is unconstitutional. Today’s decision will be lauded as a victory for the 26 states, led by Florida, that challenged the law as unconstitutional.
In a 2-1 decision (and the first in which a judge appointed by a Democrat has voted to strike down the mandate), the Eleventh Circuit stated that Congress does not have the power to require all Americans to buy health insurance. The court also ruled, however, that the rest of the law could remain in effect.
The Eleventh Circuit decision comes in the wake of the Sixth Circuit upholding the individual mandate as constitutional (a ruling joined by Judge Jeffrey Sutton, a George W. Bush appointee). The Sixth Circuit case has already been appealed to the Supreme Court. We have a feeling that this case will also be appealed to the Supreme Court, setting quite the stage for a ruling within the next year or so.
Click here to read the Eleventh Circuit’s opinion, and read on for some more interesting facts about the case….
I love to talk about truck nuts, probably for the same reason that racists love to talk about crime rates in the ghetto. Regardless of why, I just can’t get enough of the phenomenon of people affixing plastic testicles to their motor vehicles.
Obviously, I think people should be free to do pretty much whatever they want when it comes to decorating their vehicles. So I find the truck nuts story circulating around the blogosphere very disturbing. Apparently, a South Carolina woman was given a $445 ticket for her truck’s nuts. Her story is making news, because she’s secured a jury trial to protest the ticket.
So, for those playing along at home, South Carolina will defend to the death your right to display the Confederate Flag, the symbol of a regime committed to slavery and racial oppression, but plastic testicles is a bridge too far.
Yes, like most obscenity cases, this one is turgid with hypocrisy….
As Republicans continue to play chicken with the nation’s solvency, the idea that the president doesn’t need congressional approval to raise the debt ceiling is gaining traction. The thought bubble suggests that President Obama can raise the debt ceiling because of language in the Fourteenth Amendment stating that the nation’s debt “shall not be questioned.”
The idea has been trumpeted by none other than former president Bill Clinton. Clinton said that he would unilaterally raise the debt ceiling and “force the courts to stop me.”
Of course, President Clinton had what the scientists call “balls.” He knew how to handle a group of intractable Republicans more concerned with scoring political points than governing.
President Obama? The New York Times has his response: “I have talked to my lawyers. They are not persuaded that that is a winning argument.”
Can Aaron Sorkin please write a “Let Obama Be Obama” episode? Because sometimes Barack Obama really likes to dangle his feet in the water of whatever the hell it is he dangles his feet in, when he wants to make it look like he’s trying without pissing too many people off.
In any event, is invoking Section 4 of the Fourteenth Amendment a “winning” argument that could solve this debt crisis?
Arkansas town attempts to bring back totalitarianism.
Most people would expect that a post discussing unconstitutional behavior from a town in Arkansas would have something to do with religion. And in fairness, new ordinances from the city council of Gould, Arkansas do raise First Amendment concerns.
But the Gould city council isn’t trying to impose its view of God upon the public sphere. Instead, Gould just decided to ignore the protections for freedom of association. Apparently things have gotten so contentious between the city council and the mayor that the council has prohibited the mayor from meeting with people without the council’s approval.
And then the council decided to make it illegal to form any kind of group, whatsoever, without city council approval.
So yeah, Gould, Arkansas: Now technically home to one of the most totalitarian regimes in the Western Hemisphere…
The Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and one of his law clerks have penned a eulogy for the Fourth Amendment. It’s been murdered, Judge Kozinski and Stephanie Grace write in an editorial for The Daily, and you all are the guilty culprits.
You’ve put a knife in it, by letting supermarkets track your shopping in exchange for loyalty discounts, letting Amazon and eBay store your credit card info, and letting Google track the websites you visit and take photos of your homes with satellites.
The problem, at least constitutionally speaking, is that the Fourth Amendment protects only what we reasonably expect to keep private. One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public…
With so little left private, the Fourth Amendment is all but obsolete. Where police officers once needed a warrant to search your bookshelf for “Atlas Shrugged,” they can now simply ask Amazon.com if you bought it. Where police needed probable cause before seizing your day planner, they can now piece together your whereabouts from your purchases, cellphone data and car’s GPS. Someday soon we’ll realize that we’ve lost everything we once cherished as private.
Paul Clement and John Boehner: now out of King & Spalding's hair.
Some people, including crisis communications experts, think that King & Spalding should just shut up already about the DOMA debacle. The firm agreed to represent the House of Representatives in defending the controversial Defense of Marriage Act, and then almost immediately turned around and withdrew from the representation. This prompted the departure from the firm of star appellate litigator Paul Clement, former Solicitor General of the United States, who took the DOMA matter over to his new firm, Bancroft PLLC.
The decision to drop DOMA defense also led to the defections of King & Spalding clients, like the NRA and the state of Virginia. It generated criticism of the firm from diverse quarters — everyone from Ken Cuccinelli to the New York Times editorial board. [FN1]
Despite the advice of the communications experts (with which I personally agree), King & Spalding continues to discuss the DOMA debacle. The firm is starting to sound like a therapy patient that won’t relinquish the couch, and just wants to yap and yap and yap. Are you listening?
Let’s look at the latest revelations — and also some compensation news out of K&S….
I like crusading AGs with names like "Spitzer" more than "Cuccinelli," but that's just me.
Obamacare scored a huge victory today. Not because of an election or an impassioned debate. Not because of a fresh argument or a political compromise. Not even because of a considered legal opinion. No, Obamacare scored a major victory just because the Fourth Circuit panel randomly chosen to hear the challenge to Obamacare, an appeal spearheaded by crusading Virginia attorney general Ken Cuccinelli, will be made up of three judges appointed by Democratic presidents.
And because we live in a country where our judiciary is about as apolitical as a parliamentary house, it’s reasonable to think that at least two of the three judges (two of whom were appointed by Obama himself) will deliver an Obamacare victory.
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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