The Constitution of the United States is a flawed document… [its] thinly veiled language… basically reaffirmed the legality of slavery.
– Justice Anthony Kennedy, explaining something historically accurate and entirely obvious to anyone with a third-grade education. But that hasn’t stopped right-wing commentators from freaking… the hell… out, decrying Kennedy for suggesting that human bondage may undermine their totemic reliance on “original intent.” Because when the only justification for your preferred jurisprudence is that the Framers farted laser beams, a nuanced view of the Constitution isn’t in the cards.
‘Thank god they didn’t print my f**king name in this story!’
You’re going to take out your phone and you’re going to take my picture, I should break your f**king phone right here! I’m a college student! This is not a political thing where I’m walking away from your questions. F**k you! You are the worst member of society. I don’t need to speak to you. … Have a nice f**king life.
If you were to ask people to name states known for corrupt politicians, the top contenders would probably be Louisiana, Illinois, and New Jersey (my home state, so I can say that). But a scandal brewing in the state of Ohio, involving the sitting attorney general, could help the Buckeye State moving up in the rankings.
Attorney General Mike DeWine stands accused of running a “pay to play” operation in awarding lucrative contracts for outside legal work. What are the allegations against him?
* “I don’t care if it’s legal, it’s wrong.” President Obama is pointing the finger at companies using cross-border mergers to avoid U.S. taxes, and he wants to put an end to corporate tax inversions. [Bloomberg]
* Thomas Christina of Ogletree Deakins is the lawyer behind the recent circuit split on Obamacare’s state versus federal health insurance subsidies. Blame him or praise him, it’s up to you. [WSJ Law Blog]
* “I think I missed being in the courtroom more than I missed politics.” John Edwards, acquitted in 2012, is making court appearances again, but this time as a lawyer, not as a defendant. [Am Law Daily]
* A lawyer from Georgia hunts alligators in his spare time, and keeps the taxidermied head of one he caught right on his desk. He says it’s “a great conversation piece,” but that’s a pretty nasty paperweight. Eww. [Daily Report via ABA Journal]
* In a face-off with Alec Baldwin, a judge asked the actor to apologize. The combative Baldwin said he’d rather pay a fine, but if he can “[b]e a good boy,” his biking charge will be dropped. [New York Daily News]
Every now and then you forget that Capitol Hill interns are the absolute worst. Unless you live in Washington, D.C. In that case, these type-A Tracy Flicks are always around to give your already douchetastic bars that extra drop of vinegar. It’s not just that these proto-gunners won’t stop talking about their overinflated sense of the long-term legacy their ability to alphabetize will have on tax reform, it’s that they do this while surrounded by other D.C. professionals who actually make a difference want to talk about how much more alphabetizing they’ve done in their careers.
On some level you want to appreciate their eager spirits. It reminds you of the hopes and dreams you had before the weight of the world crushed you. But then other times their shameless sense of self-worth reminds you that politics is a narcissist’s game. Even if the narcissist is well-meaning, like I presume most interns are. Like when you get a tweet like this one from Yahoo’s Chris Moody:
I’m not gonna snark on this Hill summer intern. More power to him.
So apparently Moody is getting his passive-aggressive on by telling his 22K followers all about how he’s not going to snark on the snarkworthy link he’s sending. Moody would have made a great lawyer.
Well, what did this intern do? Did he make a cheesy webpage about himself explaining how he’s going to president?
Senators Marco Rubio and Mark Warner introduced a bipartisan student loan bill yesterday aimed at reducing default rates. The bill, called the “Dynamic Student Loan Repayment Act,” would limit all student loan repayment to 10% of discretionary income.
The plan is terrible for the poorest students. Currently, the federal income-based repayment program, called Pay as You Earn or PAYE, also requires 10% of discretionary income, but it calculates “discretionary” at 150% of the poverty line. The Rubio/Warner plan kicks in at $10,000… which is a lot less than 150% of the poverty line.
Also under PAYE, if you have more than $57,500 of debt after 20 years of repayment, PAYE forgives your loan. Under Dynamic Repayment, that goal post is moved to 30 years out. I guess the upside is that under Dynamic Repayment, there’s a better chance that you’ll die still owing money.
Again, if you are poor, this new plan isn’t great. But since when do Republicans or even Democrats care about the truly poor?
Ed. note: This post was originally published on July 17, 2007. We republish it today, with a few updates added, to remind our readers taking the bar exam later this month that even though you surely won’t fail — especially if you’re having fun studying — even failing the bar won’t stop you from having a spectacular career, in the law or elsewhere. Good luck!
We recently wrote about Paulina Bandy, that poor creature who failed the California bar exam thirteen times, before finally passing it on try #14. Her story seems to have freaked out some of you who are sitting for the bar exam later this month.
Relax. Take a deep breath. You won’t wind up in a 365-square-foot shack in your mom’s backyard. Chances are, you will pass. And even if you fail the bar once or twice, you’re still not on your way towards Paulina Bandy-dom.
As it turns out, a number of well-known individuals — some famous for their accomplishments in law, and others for different reasons — didn’t pass the bar on the first (or even second) try….
Ed. note: This is the latest post by Steve Dykstra, our new columnist covering the Canadian legal market.
I am a Canadian-trained lawyer. I live about five hours away from the Supreme Court of Canada located in Ottawa. I thought it would interesting to see how many justices of the venerable SCC I could name off the top of my head.
I got Beverley McLachlin (the Chief Justice) and Louis LeBel. Two out of nine. I missed Rosalie Abella (whom I’ve met), Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, and Clément Gascon (the newbie on the court).
Then I tried the current SCOTUS. I got Alito, Ginsburg, Thomas, and Roberts. Four of nine.
I admit, it’s a bit embarrassing that I can name more U.S. justices than Canadian….
* Congrats to William Voge, who was elected as the new chairman of Latham & Watkins. He succeeds Robert Dell in this position, who is one of the Am Law 100′s longest-serving leaders. [Am Law Daily]
* Dewey’s former execs filed a motion to dismiss their criminal charges, lamenting the fact that the Manhattan DA made them “scapegoats” for the total failure of their firm. [DealBook / New York Times]
* A judge banned the Washington Redskins name from his court, proclaiming that the offensively monikered team shall be known only as “the Washington Team” in documents submitted. [WSJ Law Blog]
* Senate Majority Leader Harry Reid thinks that if it were up to Judge Judy, House Speaker John Boehner’s “show trial” suit against President Obama would be thrown out in “half a second.” Well then. [ABC News]
* A Michigan attorney was arraigned yesterday on a felony charge of homicide-solicitation of murder. It seems that the hired hitman warned his target. He’s not getting a good Yelp review. [UpNorthLive.com]
* If you’re an international student with a foreign law degree trying to get a law degree in the U.S., why the hell would you waste your money on a J.D.? Just get an LL.M. [Law Admissions Lowdown / U.S. News]
* Oh baby8: Nadya Suleman (formally doing business as Octomom) pleaded no contest to welfare fraud charges after she failed to report income from all of her public appearances and porn videos. [Reuters]
Earlier this week, several prominent LGBT advocacy groups announced that they would no longer support the proposed Employment Non-Discrimination ACT, known as ENDA. If the U.S. House of Representatives passes ENDA, it would create legal safeguards in the workplace for gay, lesbian, and transgendered employees. The National Gay and Lesbian Task Force Action Fund led the move, with the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, Lambda Legal, the National Center for Lesbian Rights and Transgender Law Center later joining NGLTF’s initial statement. The groups fear that the Supreme Court’s recent decision in Hobby Lobby signals a move toward expansive religious exemptions. Consequently, the groups will now focus their efforts on securing rights for the LGBT community like those provided by Title VII of the Civil Rights Act of 1964 and the Constitution’s Equal Protection Clause.
A few months ago, I wrote about ENDA and why conservative Republicans in the House ought to pass the bill. I pointed to a novel D.C. district court ruling allowing a gay man to move forward with his Title VII employment discrimination claim, based on his status as a homosexual male. I described the differences between Title VII’s religious exemptions for employers and the much broader exemptions provided by ENDA. In my earlier piece, I wrote, “Republican Congress members should think twice about refusing to enact legislation that would provide ENDA’s key protection of religious freedom. If they fail to do so, and the push to expand the scope of Title VII in the courts continues, no such protection will exist.”
Instead of prioritizing religious freedom, social conservatives in Congress have held fast to a strident moral opposition to LGBT rights. Instead of pressing for new, democratically enacted statutory rights, many advocates of LGBT equality will increasingly double-down on judicial re-interpretation of Title VII and the Equal Protection Clause. As each side digs in, the other side digs in deeper. Workable compromises seem fewer….
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