Election Law

Stand with Wendy.

* “Screw all these other cases, man, we’re ready for the real stuff — you know… the gay stuff.” Damn, a satirical article that perfectly captures our thoughts. Don’t worry, it’s coming today. [The Onion]

* On a more serious note, this is obviously a really big day for gay marriage at the Supreme Court. Will the justices settle the score, or leave this movement’s supporters high and dry? [Wall Street Journal]

* Big Tech has always been a proponent of gay rights, and some of the most respected brands in America are hoping same-sex marriage doesn’t get the blue screen of death from SCOTUS. [Politico]

* Everyone else loses, but Scalia always wins. He couldn’t have asked for more after Section 4 of the Voting Rights Act was struck down. So long, “racial entitlements.” [L.A. Now / Los Angeles Times]

* “No, we’re not going to do layoffs. We’d never do layoffs. Everything is just fine. Seriously, we won’t do stealth layoffs either. Promise! Believe us, pretty please,” said the managing partner of every peer Biglaw firm after the Weil winnowing. [Am Law Daily]

* Law schools are freaking out about a new American Bar Association proposal to tighten their bar passage requirements, and they’re blaming all of their alarm on diversity issues. [National Law Journal]

* This state senator wins the award for most unique filibuster attempt ever. To block new abortion regulations in Texas, Sen. Wendy Davis spoke endlessly for 11 hours straight. You go girl! [CNN]

* Pop star Chris Brown was charged in a hit-and-run, and surprisingly, Rihanna had nothing to do with it. The new charges may affect his probation, and he might even go to jail. [Arts Beat / New York Times]

* Breaking news: Aaron Hernandez was just taken into custody at his home. Discuss. [USA Today]

If I’m ever euthanized, it hope it’s as gentle as the way Chief Justice John Roberts put down the Voting Rights Act’s preclearance requirement.

Not the whole act, mind you. The prohibition on any “standard, practice, or procedure” that “results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color” is still constitutionally permissible. And folks can sue to enforce that.

But the preclearance requbirement is now effectively gone. That’s the rule that the federal government has to approve changes to voting laws in certain jurisdictions that haven’t been so great about race – in that folks registering black people to vote had been murdered in there, or, they’d had really bad records of African-American voter turnout in the past.

Strictly speaking, the preclearance requirement is not gone — it just no longer applies to any jurisdiction in the country any longer. The Court invalidated the method by which it is determined which jurisdictions are subject to preclearance, rather than preclearance itself. So, now no jurisdiction is subject to preclearance — the preclearance formula is gone.

Many people who are concerned about whether black people are allowed to vote think that the preclearance requirement has been an important tool to make sure black people enjoy the right to vote.

Including, it seems, the Chief Justice himself….

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The liberator… of the South.

Free at last, free at last, thank God almighty, the South is free at last.

After, man, like decades of having to deal with suspicion and preclearance, man, just because of its 400 year history of slavery and segregation, Chief Justice Roberts held Section 4 of the Voting Rights Act as unconstitutional. Section 4 is the section that outlines which states should be covered for “preclearance” by the federal government before they can change their voting laws. Overruling it overturns one of the biggest and most effective weapons against the Jim Crow South.

Section 5, which gives the government the authority to preclear certain states, still survives. The question is kicked back to Congress to update their “decades old” formula.

Let’s look at the opinions…

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It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way.

— Charles Dickens

In addition to opening A Tale of Two Cities (affiliate link), this extended quotation kicked off Professor Pam Karlan’s comments when asked to provide some measure of sense to the Supreme Court’s rights jurisprudence this Term. And by that I mean she read the entire quote to an audience of people whose body language screamed out, “yeah, we got it” after the word “foolishness.”

The passage (at least the gist of the passage), however, is apropos. This Term saw a voter registration law struck down in Arizona, even though Section 5 of the Voting Rights Act is likely to follow it out the door. As Elie is quick to point out, the black community is likely to get hammered by the Court, yet Professor Karlan thinks that the gay community is going to win, either this year or next.

Karlan, and her fellow panelists at Netroots Nation, outlined a theory that ties these competing decisions together — at least until Monday, when the Court might shoot the whole logic down…

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Caution: May lead to malpractice suits.

* Just like he said in 2008, President Barack Obama says that he’s going to close Guantanamo Bay, and this time, he means it. No, really, he appointed a Skadden partner to handle it, so we know he means business now. [Blog of Legal Times]

* The Supreme Court just invalidated Arizona’s proof-of-citizenship voter registration law, so of course Ted Cruz wants to add an amendment to the Senate immigration reform bill to require citizenship to vote because, well… duh. [Politico]

* According to a Pew Research survey, a majority of Americans think Edward Snowden should be prosecuted for his NSA leaks. It’s also likely that same majority don’t even know what Edward Snowden leaked. [USA Today]

* It looks like Jon Leibowitz, the FTC’s ex-chairman, got some great birthday presents this week. Davis Polk partnership and a SCOTUS victory aren’t too shabby. [DealBook / New York Times]

* They don’t give a damn ’bout their bad reputation: malpractice claims filed against attorneys and firms were up in 2012, and some say mergers and laterals are to blame. [WSJ Law Blog (sub. req.)]

* If you’re worried about your low GPA when applying to law school, you haven’t been reading the news. You’ll get in everywhere you apply. [Law Admissions Lowdown / U.S. News & World Report]

* ¡Ay dios mío! The Hispanic National Bar Association is hoping that a week spent in law school will inspire minority high school students to become lawyers in the distant future. [National Law Journal]

* The first rule of Insider Trading Club is, you do not send discoverable e-mails about Insider Trading Club. [Dealbreaker]

* Arnold & Porter staged a mock Olympics last time around. Now we’re just waiting for the other shoe to drop and we learn that the antitrust group was doping. [Washington Post]

* Georgetown Law student Bindhu Parmathi crowned Miss District of Columbia! She will go on this September to participate in the Miss America pageant (aka “The pageant that Donald Trump doesn’t own). [The Examiner]

* To recap: TSA took the stance that knives should be allowed on planes, but balked at fictional Jedi weapons. Yay America! [Lowering the Bar]

* Illinois passes some of the strictest fracking regulations in the country. That’s a reference to hydraulic fracturing. Not just dropping Battlestar Galactica references. [Breaking Energy]

* Indiana thinks it can discipline lawyers for criticizing a judge via private email. I would say that’s an insane misreading of the law, but I don’t want to get disciplined in Indiana, which sounds like the terrible prequel to Fifty Shades of Grey (affiliate link). [The Indiana Lawyer]

* Five businessmen take off their pants to protest taxes. This is a bad precedent. I don’t want to see any of these Tea Party folks take off their pants. [TaxProf Blog]

* Congrats to ATL reader Alicia Long, as well as co-author Jayne Jones, on publishing their new book Capitol Hell. [Amazon (affiliate links)]

* The Judge Edith Jones incident should raise the national concern to improve diversity on the bench. But it won’t. [Judicial Clerk Review]

* More follow-up on CBS’s improper campaign ad totally objective news documentary “Brooklyn D.A.” [New York Daily News]

* If fans in the front row of your concert start holding out papers for you to grab, DON’T DO IT! Unless you want to get sued. Video after the jump, courtesy of Gawker

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* If you checked out our story about the 3L seemingly taking over the admissions department at Indiana University, head on over again because there’s an update. [Above the Law]

* Two former professors have sued the Phoenix School of Law for valuing profits over students and faculty. If you can’t trust your local diploma mill, who can you trust? [Connecticut Law Tribune]

* On June 11, Atlas Obscura is hosting an interesting event called “Go Directly to Jail: Trespassing and the Law.” Ironically, the event requires advanced tickets. [Atlas Obscura]

* Top myths about law school and the legal profession… from the desk of the dean of Thomas M. Cooley Law School. “Thomas M. Cooley is the second-best law school in the country” is strangely not one of the myths they address. [Cooley Law School Blog]

* Legal blogging worlds collide when Law and the Multiverse guest posts on Volokh Conspiracy. [Volokh Conspiracy]

* And while we’re on the subject of Law and the Multiverse, they update their spoiler heavy piece from a few weeks ago about the criminal liability of the Mandarin in Iron Man 3. [Law and the Multiverse]

* Not much fallout yet, but Chris Christie just set the time for the special election to fill NJ Senator Frank Lautenberg’s seat. As far as I can tell, the date selected fulfills NEITHER of the statutes governing the issue, the relevant portions of which are provided after the jump…

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Just take a compliance class, bro.

* This year, like every year before it, SCOTUS is saving the best cases (read: most controversial) for last. We’ll likely see opinions on voting rights, affirmative action, and gay marriage in June. [WSJ Law Blog]

* We know of at least one Biglaw firm that will be putting its increase in gross revenue to work. Boies Schiller is planning to open its first office outside of the United States in the “near-term.” [Am Law Daily]

* If you’d like to get paid under a terrorism insurance policy for your damages in the Boston bombings, you’ll have to wait; the bombings haven’t been certified as acts of terror yet. [National Law Journal]

* Mandatory pro bono work is now required for bar admission in New York, but it’s still not enough to close the justice gap. Now Chief Judge Lippman wants to give non-lawyers a chance to provide legal services. [New York Law Journal]

* Arizona Law recently made the announcement that interim dean Marc Miller has been instated as the school’s permanent dean. What’s not to like about a “new” dean and new tuition cuts? [UANews]

* As many of our readers know, the job market is rough, but apparently if you take some compliance classes in law school, you’ll magically become employable. Great success! [Corporate Counsel]

* Brooklyn Law, do you remember what your old dorm looked like? It’s different now that it’s been transformed into an apartment complex that’s no longer stained with the tears of law students. [Curbed]

Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.

* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]

* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]

* T.J. Duane, a co-founder of Lateral Link, was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]

* The U.S. Chamber of Commerce has asked the Supreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and it’s a free-for-all against workers. [Free Enterprise]

* Law school applications are down, but not as drastically as expected. [Faculty Lounge]

* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]

* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]

* Do potential clients really care about social media? I “Like” this story. [Associate's Mind]

* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…

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* In the Western District of Arkansas, judges have to forfeit judicial immunity to go to the bathroom. So if you want to sue a judge, you need to catch them when their pants are literally down. [Hercules and the Umpire]

* Bowman v. Monsanto… in GIFs! [EffYeahSCOTUS]

* Cooley boy makes good! President Obama nominated Christopher Thomas, a Cooley Law School grad and professor, to the Presidential Commission on Election Administration. [White House]

* A judge threw out the fine against a New York artist as unconstitutionally harsh. The artist took an antenna from the trash and cops impounded his car and fined him $2,000. [Thompson Reuters News & Insight]

* The Ninth Circuit struck down Arizona’s “Fetal Pain” Abortion Ban. Sounds like a viable decision. [PrawfsBlawg]

* Work/life balance is when lawyers with kids throw their childless colleagues under a bus. [Slate]

* If you’re reading transcripts of old trials and think the lawyers of yesteryear were smarter, you’re probably right. Western civilization has gotten dumber since the nineteenth century. The reason is summarized by the video after the jump….

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