Well this should be fun. Florida federal judge Roger Vinson has struck down the heart of Obama’s health care reform plan, finding that the individual mandate part of the bill is unconstitutional and therefore the whole thing is unconstitutional.
As Ashby Jones points out on the WSJ Law Blog, that makes the score 2 – 2. Two federal judges have upheld the law; two others have struck it down.
You know what that means? It means that very soon America will be operating under the Anthony M. Kennedy health care system. Does Justice Kennedy think that I have a right to health care? Does he think that pre-existing conditions should be covered? Is he comfortable having an entire nation’s health care system held hostage by a few insurance giants?
Exciting questions! I can’t wait to see how a man who nobody elected will decide our medical futures….
Do you think there is a child porn “gene”? It’s an interesting scientific question (although I don’t really care, because I don’t believe in genetic determinism). I’m sure that one day science will give us some kind of answer.
But it is not this day. At this point we don’t know if there are any genetic predispositions that explain why sick-ass people are sexually excited by naked children.
This limit in our scientific understanding did not stop U.S. District Judge Gary Sharpe from sentencing an offender based on his belief about what science will one day uncover.
Well, the power of judges may be inscrutable, but it’s not absolute. They can’t make entire sequences of DNA show up on demand. They can’t see into the future. And apparently they can’t keep their sentences from being overturned on appeal when they base their decisions on science that does not exist…
* A Russian man is accused of posing as an immigration lawyer and stealing hundreds of thousands of dollars from fellow countrymen. Police say they knew he was lying when he began doing bizarre, and ridiculously obvious, things with Oreos. [Sun-Sentinel]
* You know how I know President Obama’s latest nominee to the S.D.N.Y, J. Paul Oetken, is gay? Because this article says so. Bonus: Lat quotes! [Poliglot / Metro Weekly]
* “Top Chef host Padma Lakshmi is treating her baby’s dad like a bottom feeder.” [New York Post]
* Allen “The Ponz” Stanford was found incompetent to stand trial. Aaaaaayyyyyy *thumbs* [Reuters]
* Before the rampage, Jared Lee Loughner performed internet searches on famous assassins, the death penalty, solitary confinement, and law firm bonuses. I think that’s right. [New York Times]
[N]eedless to say, I have not read the nineteenth edition. I have dipped into it, much as one might dip one’s toes in a pail of freezing water. I am put in mind of Mr. Kurtz’s dying words in Heart of Darkness — ‘The horror! The horror!’ — and am tempted to end there.
— Judge Richard Posner, in a scathing Yale Law Journal review of The Bluebook: A Uniform System of Citation (19th ed.).
Who knew that working for a conservative think tank paid so well?
The Los Angeles Times is reporting that Virginia Thomas, the politically active wife of Supreme Court Justice Clarence Thomas, earned over $680,000 over five years while working at the Heritage Foundation. That’s pretty nice scratch.
A possible problem: according to Common Cause, Clarence Thomas never reported the income in his federal financial disclosures…
The record in such cases, although voluminous, often fails to precisely reflect the relationships between the parties and to include the documents (particularly with respect to who owns the loan) that are necessary to evaluate the claims. Such failures are a disservice to both the parties and the court, and, in other circumstances, may undermine a party’s claim or defense. Were I forced to delve fully into the merits of this case, I am not certain that it would be possible to put Humpty Dumpty back together again.
Investigators looking at surveillance footage from the Tucson attack on Representative Gabrielle Giffords say that Chief Judge John Roll died a hero. According to the New York Times, the video shows that Judge Roll apparently died while helping to save the life of Ronald Barber, a Giffords staffer. Barber, who was shot twice while standing near Congresswoman Giffords, survived the attack and has since left the hospital.
The descriptions of Judge Roll’s actions during the shooting are amazing…
When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call “Mary,” would negotiate over the phone with Ninth Circuit judges over how particular cases should come out — a responsibility well beyond the legal research and opinion drafting done by most clerks.
On one occasion, a vote on whether to rehear a case en banc emanated not from the judge’s chambers account, but from Mary’s personal email account. Even more embarrassingly, it was written not on behalf of the judge or the chambers, but in the first person: “I vote YES to rehearing en banc.” A law school classmate of mine who was also clerking for the Ninth that year remarked, “I thought only judges did that. When did Mary get her presidential commission?”
Some of us jokingly referred to that chambers as Weekend at Judgie’s. What appeared to be going on over there reminded us of Justice Thurgood Marshall’s famous quip to his clerks: “If I die, prop me up and keep voting!”
We joked about this delegation of Article III authority to a newly minted law school graduate. But as Joseph Goldstein suggests, in a very interesting article just published by Slate and ProPublica, the issue of superannuated jurists is no laughing matter….
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.