Constitutional Law

It’s Alito time, Phil! (via Getty Images)

* The NSA has violated the Constitution for years, you say? And it’s been misleading the FISA court about all of its domestic spying activities? As of this moment, the NSA is on double secret probation! [New York Times]

* Imagine how the New York stop-and-frisk case would have turned out if it had been before SCOTUS. The “human toll of unconstitutional stops” may not have been weighed so heavily. [Opinionator / New York Times]

* “[N]o one has a crystal ball,” but right now, it’s highly likely that the Supreme Court will take up another gay marriage case. Perhaps it’ll be the one that’s currently unfolding in Pennsylvania. [Legal Intelligencer]

* According to a recent survey conducted by Randstad, about 60 percent of lawyers are proud to be members of the legal profession, which is impressive(!) considering how unhappy they are. [The Lawyer]

* Birds of a feather really do flock together. Philip Alito, son of Justice Samuel Alito, will join Eugene Scalia, son of Justice Antonin Scalia, at Gibson Dunn’s Washington, D.C. office. [Blog of Legal Times]

* Even though the vast majority of his race-based claims were dismissed on summary judgment, this “token black associate” still has a respected Biglaw firm up against the Ropes. [National Law Journal]

* Law school applications are plummeting, but top law schools haven’t started scraping the bottom of the barrel — their applicants’ LSAT scores have remained relatively competitive. [WSJ Law Blog (sub. req.)]

* I am Chelsea Manning, I am a female.” Considering (s)he was just sentenced to 35 years in prison, Bradley Chelsea Manning picked a great time to make this announcement to the world. [Chicago Tribune]

* You dare call the Duchess of Dumplins racist and sexist? When it comes to Paula Deen’s new legal team from Morgan Lewis, five are women, and four are black. Take that, Lisa Jackson. [Am Law Daily]

* Justice Ruth Bader Ginsburg is definitely one of our favorite judicial divas. When asked if she thought the Supreme Court’s work was art or theater, she mused, “It’s both, with a healthy dose of real life mixed in.” [New York Times]

* According to the Citi Private Bank’s Law Firm Group report on the first half of the year, the legal industry should count itself lucky if it manages to meet last year’s single-digit profit growth. This “new normal” thing sucks. [Am Law Daily]

* Howrey going to celebrate these “monumental” settlements with Baker & Hostetler and Citibank? The failed firm’s trustee might throw a party when he’s finally able to file a liquidation plan. [Am Law Daily]

* Uncommon law marriage? A man stuck in an inheritance battle who lived with his late partner since 1995 now asks the District of Columbia to declare him common-law husband. [Wall Street Journal (sub. req.)]

* The ABA’s Section of Legal Education and Admissions to the Bar proposed a major overhaul to its accreditation standards. Action, of course, likely won’t be taken until next year. [National Law Journal]

* Despite the fact that these measures could help struggling graduates, law deans are at odds over the ABA’s proposed changes to tenure requirements for professors. [Capital Business / Washington Post]

* “Sooner or later you’ve got to make a choice, because you need enough revenue to cover what your expenses are.” Cooley will weather the storm by introducing a massive tuition hike. [Lansing State Journal]

* “How would you feel if you spent well over $100,000 on law school, only to have to spend an extra couple of thousand dollars on a course to get you to pass the bar?” You’d probably feel like everyone else. [CNBC]

* Requiring porn stars to wear condoms might not be sexy, but a federal judge says it’s constitutional. Don’t worry, unlike its actresses, the adult film industry won’t go down without a fight. [Los Angeles Times]

I was on a fast-moving segment on HuffPost Live this afternoon called “Legalese It,” where host Mike Sacks runs through a bunch of overlooked legal items from the past week. Since I was on vacation for half of the week, I learned a lot! For instance, did you know that Michigan had an anti-begging statute on the books from the 1920s that was just struck down so they can put a big “Spare Some Change” sign in Detroit?

Okay, that’s not why it was struck down, but still. Also it seems that North Carolina is trying to restrict voting to five white guys chosen at random by Reince Priebus and Obama is now in favor of legislative prayer, as if nobody told him he can’t run for a third term.

Looks like I missed a lot, but that didn’t stop me from talking about it on the web. Specifically, I got to talk about how Eric Holder and Texas Attorney General Greg Abbott are now friends when it comes to stopping USAIR and American Airlines from combining to own all the railroads on the Monopoly board…

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[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.

– Judge Shira Scheindlin (S.D.N.Y.), in a ruling declaring that the New York Police Department’s hotly debated stop-and-frisk tactics violated the Fourth and Fourteenth Amendments.

(Continue reading to see Judge Scheindlin’s glorious 195-page opinion. It’s a legal document that should be on every lawyer’s required reading list.)

double red triangle arrows Continue reading “New York Can No Longer Stop And Frisk The ‘Right People’ For Being The ‘Wrong Color’”

Howard Dean

* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]

* The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]

* The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]

* Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]

* The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]

* Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]

Last month, the U.S. Supreme Court issued two eagerly anticipated rulings in major gay marriage cases. In United States v. Windsor, the challenge to the Defense of Marriage Act, the Court struck down Section 3 of DOMA. In Hollingsworth v. Perry, the challenge to California’s Proposition 8 ban on gay marriage, the Court held that the petitioners lacked standing to appeal, vacated the decision of the Ninth Circuit, and remanded with instructions to dismiss the appeal for lack of jurisdiction. This left the district court’s ruling intact and had the effect of allowing same-sex marriages to take place in California (although there’s some litigation winding its way through the courts on this matter).

Now that we have the decisions, let’s take a deeper dive into them. What do they reflect about the Court’s role in society? And what can we expect from future SCOTUS rulings in this area?

double red triangle arrows Continue reading “After Perry & Windsor: A Conversation About The Supreme Court’s Rulings”

A previous version of this story incorrectly stated that Scalia views the Constitution as a living document.

– A notable correction issued by the Huffington Post, after the publication incorrectly characterized the views of Justice Antonin Scalia, an originalist. Six months earlier, HuffPo quoted Justice Scalia as stating that the Constitution is “dead, dead, dead.”

There are legitimate arguments that bar exams have a deleterious effect on the delivery of legal services. The presence of bar exams certainly artificially limits the supply of licensed attorneys, which is partially responsible for the lack of attorneys servicing low-income and impoverished clients. Certainly, the bar exam creates barriers to entry, which raises the cost of lawyer services. And, in conjunction with the ABA’s restrictive requirements, the fact that bar exam eligibility in many states is tied to ABA accreditation is one factor that allow law schools to charge exorbitant costs.

I’m generally a fan of bar exams, but there are reasonable arguments against them. But this guy who seems to be preparing to fail his second bar exam is not making one. He’s saying the bar exam in an unconstitutional restriction on his free speech.

I might have been more sympathetic if he called the bar an unconstitutional infliction of cruel and unusual punishment…

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* You’ve seen Justice Ruth Bader Ginsburg give Justice Antonin Scalia the finger in prose, but now you can hear what it would sound like in operatic form as composed by a recent law school graduate. [NPR]

* The Fourth Circuit upheld Obamacare’s employer mandate against Liberty University, calling it a constitutional tax, just like the individual mandate. Now’s a perfect time for a sip of Campari. [WSJ Law Blog]

* The Fried Frank toner bandit was sent to the slammer, but alas, it’s unlikely that the firm will be able to recover any of its losses. Too bad, it could use the cash after its 2012 performance. [Am Law Daily]

* Crisis? What crisis? The dean of UC Davis Law refuses to trim class size, but that doesn’t really matter — the application cycle is handling the situation quite nicely. [Sacramento Business Journal]

* Pennsylvania’s Attorney General Kathleen Kane won’t defend the state against a lawsuit seeking to overturn its ban on same-sex marriage. She’s choosing the people over politics. [New York Times]

* With his trial quickly drawing to a close, George Zimmerman is growing increasingly worried about his future. Let’s face it, even if he’s acquitted, living in hiding isn’t a very good look for him. [ABC News]

“What I said was terrible, mean and downright stupid…. I wasn’t trying to scare anyone, I was trying to be witty and sarcastic. I failed and I was arrested.”

– Justin Carter, in a letter to District Judge Jack Robison

On February 14, in New Braunfels, Texas, Justin Carter was arrested on terroristic threat charges. Carter, then age 18, had been posting on a Facebook page for the game League of Legends. When a friend called Carter crazy, Carter allegedly volleyed back that, yeah, he was messed up in the head and that he was going to “shoot up a kindergarten, watch the blood rain down and eat the beating heart out of one of them.” A Canadian woman who viewed the comment reported Carter to law enforcement officials.

Carter’s father insists that his son immediately followed his first Facebook comment with “LOL” and “JK,” clear indications that Carter was . . . laughing out loud and joking when he wrote. Lest you think that explicitly stating that you are joking is enough to insulate your comments from criminal liability, Justin Carter was arrested, then charged by the Comal County Criminal District Attorney. In Comal County, txtspk cannot save you….

double red triangle arrows Continue reading “Terroristic Threat Laws & A Texas Teen: There But For The Grace Go We”

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