* The lawyers fighting against marriage equality say “[w]hether [they] win or lose in lower courts doesn’t matter that much,” because everything will be up to the Supreme Court at the end of the day — but so far, they mostly lose. [National Law Journal]
* On the other side of the coin, the lawyers fighting in favor of marriage equality are sounding more and more like used car salesmen, always bragging about the quality of their “vehicles” just to get their cases in front of the justices. [New York Times]
* In the meantime, Justice Kagan officiated her first same-sex wedding this weekend for one of her former clerks. Only the women of SCOTUS, sans Sotomayor, have performed such ceremonies. [Huffington Post]
* In a landmark decision, Arab Bank PLC was found liable for supporting Hamas in a civil terrorism-finance case. There will be a second trial to determine damages, but the bank plans to appeal. [WSJ Law Blog]
* The scion of a Biglaw bigwig (go ahead and guess which firm…) arrested for filming and distributing video of his sexual escapades with his girlfriend without her permission. It’s like revenge porn without the revenge element. [Law and More]
Many of you may remember Sex and the City, a sitcom that followed four women’s lives and relationships through good sex and bad. The show’s most ardent viewers found it easy to identify with one or more of its main characters. There was Carrie Bradshaw, the self-deprecating, too hopeful writer; Samantha Jones, the highly confident and highly oversexed vixen; Charlotte York Goldenblatt, the conservative prestige whore searching for true romance; and Miranda Hobbes, the often masculinized, debbie downer lawyer.
There have only been four women justices on the Supreme Court in the history of its existence — Sandra Day O’Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan — so it’s fitting that we’d someday see an episode of SCOTUS and the City.
Which justice would you assign to each of these character roles? You’re about to find out…
Today’s majority cannot resist taking potshots at Abood… but it ignores the petitioners’ invitation to depart from principles of stare decisis. And the essential work in the majority’s opinion comes from its extended (though mistaken) distinction of Abood… not from its gratuitous dicta critiquing Abood’s foundations. That is to the good — or at least better than it might be. The Abood rule is deeply entrenched, and is the foundation for not tens or hundreds, but thousands of contracts between unions and governments across the Nation. Our precedent about precedent, fairly understood and applied, makes it impossible for this Court to reverse that decision.
– Justice Elena Kagan, using her dissent in Harris v. Quinn to shore up the compelling case that Abood cannot be reversed. Which is going to be downright hilarious next term when the Court goes ahead and reverses it.
The opinions released by the Supreme Court this morning were not super-exciting. The good news, pointed out by Professor Rick Hasen on Twitter, is that “[t]here are no likely boring #SCOTUS opinions left.” (But see Fifth Third Bancorp v. Dudenhoeffer, noted by Ken Jost.)
So let’s talk about something more interesting than today’s SCOTUS opinions: namely, the justices’ recently released financial disclosures. Which justices are taking home the most in outside income? How robust are their investments?
On Friday, the National Archives unsealed a fifth batch of Clinton Administration presidential papers. The documents were originally released by the William J. Clinton Presidential Library in Little Rock. Let’s get these pesky papers out of the way before Hillary Clinton, author of a new memoir (affiliate link), launches her presidential bid.
The latest papers contain some juicy tidbits for legal nerds. For example, as noted in Morning Docket, then-Judge Stephen Breyer got dissed as a “rather cold fish” while being considered for a Supreme Court seat (the seat that ultimately went to Justice Ruth Bader Ginsburg).
The papers contain candid assessments of Justices Breyer and Ginsburg, as well as other fun nuggets. Here are some highlights:
* Justice Kagan received a Supreme Court fact check when she confused the site of the nation’s oldest standing synagogue with the home of the nation’s first Jewish community. At least she didn’t make a mistake about the actual law that she actually wrote. [WSJ Law Blog]
* Justice Scalia may not understand how cell phones work, but even he gets net neutrality — because it’s a lot like pizza. [The Atlantic]
* Marc Randazza describes the need for a right to be forgotten online. Getting forgotten online? Hey, we found a new job for Jill Abramson. [CNN]
* A woman threatened to shoot up a South Carolina Burger King over a stale roll. Don’t tell her what “pink slime” is. [New York Daily News]
* Cops arrest upwards of 40 people while trying to catch a bank robber. When you read the whole history, it’s actually surprising they weren’t limiting their search to people in stripes carrying bags with dollar signs on them. [Slate]
* Corporate lawyer fits right into the rising phenomenon of “Bulls**t Jobs.” [Strike! Magazine]
* Earlier today we wrote about a possible crowdfunded lawsuit. Here’s a discussion of legal issues involved in crowdfunding generally. [IT-Lex]
* Sen. Rand Paul has a stupid idea, so he’ll probably convince a bunch of liberals to go along with it. And that would be bad news for Professor David Barron’s nomination to the First Circuit. [New Republic]
* Led Zeppelin is getting sued over allegedly stealing the opening riff from Stairway to Heaven. It turns out there’s some band out there who’s sure that all that glitters is gold and they want some of it. A clip of the alleged original below…. [The Guardian]
Sometimes what everybody thinks about the law is more important than what the law itself says. I think that’s what’s happened with net neutrality. It’s become a kind of norm of behavior, what you can and can’t appropriately do with the Internet. It’s got to be open.
– Professor Tim Wu of Columbia Law School, subject of a glowing profile in the New York Times for his work in defense of net neutrality.
(Fun tidbits from the profile that gunners and legal nerds will appreciate — specifically, how to land a Supreme Court clerkship with a weak grade in a 1L core class — after the jump.)
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