The latest output from the rage machine is that Justice Ginsburg has to recuse herself from hearing an expected appeal of the Texas abortion regulation that is essentially:
Look, we found a way to ban abortion without saying those words. We’re so f**king clever!
The law is in front of the Fifth Circuit now, but we all know this middle finger to Roe will make it to the Supreme Court eventually. Enter the right-wing punditry eager to drum up controversy in the hopes of removing a reliable liberal justice from the panel. At issue is a recent New Republic interview, where — in between discussing the relative merits of Jazzercise — Justice Ginsburg made the entirely indisputable observation that the law will shut down most abortion clinics in Texas. Oh no! She’s pre-judged the case!
Everyone cool their jets. Justice Ginsburg shouldn’t recuse herself for several reasons…
On Monday night, the Young Lawyers division of the UJA-Federation of New York hosted Professor Laurence Tribe to speak about his career, the Supreme Court, and the importance of approaching the law as “a profession rather than a business arrangement.”
Professor Tribe also had an opportunity to comment on Justice Ginsburg and Supreme Court retirements, Citizens United, the mood of the Court, and the recent controversy around his support for the California teacher tenure lawsuit.
…and I got a chance to have some first-rate cookies and rugelach. So an all-around success.
Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. [The Senate] took off the filibuster for lower federal court appointments, but it remains for this court. So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided. As long as I can do the job full steam…. I think I’ll recognize when the time comes that I can’t any longer. But now I can.
If you just needed the skills to pass the bar, two years would be enough. But if you think of law as a learned profession, then a third year is an opportunity for, on the one hand, public service and practice experience, but on the other, also to take courses that round out the law that you didn’t have time to do.
Two years—it does reduce the respect, the notion that law is a learned profession. You should know a little about legal history, you should know about jurisprudence. [Two years] makes it more of a craft like the training you need to be a good plumber.
* President Obama suggested he may be able to nominate a new SCOTUS justice before he leaves office in 2017. When reached for comment, Justice Ginsburg noted: “Bitch, please.” [POLITICO]
* Chief Justice John Roberts has been asked to stay the Fourth Circuit’s decision as to Virginia’s same-sex marriage case, lest the state truly become a place for all lovers. [National Law Journal]
* Whitey Bulger is appealing his conviction, claiming he didn’t receive a fair trial because he wasn’t allowed to testify that a prosecutor who had since died once promised him immunity. Aww. [WSJ Law Blog]
* On the whole, school rankings matter generally, but law school rankings can be truly meaningful when it comes to getting a job after graduation. Don’t believe me? Check out these graphs. [Forbes]
* “They’re not the one if this fails will have a law degree that we cant do anything with.” Students at Concordia Law are starting to feel the pain of attending a yet-to-be accredited law school. [KBOI 2]
* The new icon of the Islamic State is a hipster with a law degree. Where’s his Career Alternatives piece? (Alternate quips: For his money, the evening call to prayer must be on vinyl. When decrying alcohol as sinful, he prefers PBR. The scimitar in that picture is from the vintage store. Which direction is Mecca from the Williamsburg Bridge?). [The Telegraph]
* A high school teacher showed up to work intoxicated and without pants on the first day on the job. And thus ends Elie’s career as a high school teacher. [CBS Houston]
* Google is tipping off authorities about criminal activity in Gmail accounts. I believe this message is brought to you by Hotmail. [CNBC]
Girls in my high school briefed cases all the time, it was no big deal.
* According to Patron Saint RBG, the Supreme Court has never really come around on “the ability of women to decide for themselves what their destiny will be.” Gay people are doing well, though, so good for them. [New York Times]
* Two law professors and a consultant built a model that predicts SCOTUS decisions with 69.7 percent accuracy, and justices’ votes with 70.9 percent accuracy. For lawyers who are bad at math, that’s damn near perfect. Nice work! [Vox]
* An Alabama abortion clinic statute which required that doctors have admitting privileges at local hospitals was ruled unconstitutional. Perhaps this will be the death knell for these laws. [WSJ Law Blog]
* Idaho’s Supreme Court rejected Concordia Law’s bid to allow grads to sit for the bar before the ABA granted it provisional accreditation. Too bad, since lawyers are needed in Idaho. [National Law Journal]
* Before you go to law school, you can learn how to gun with the best of them. That’s right, you can practice briefing cases before you even set foot in the door. [Law Admissions Lowdown / U.S. News]
Ruth Bader Ginsburg, who has been making quite a bit of news this SCOTUS off-season, has issued the final battle cry of every divine-right monarch, abusive spouse, and aging quarterback. In an interview with Reuters, the still-sharp Ginsburg said: “So tell me who the president could have nominated this spring that you would rather see on the court than me?”
When reached for comment in the privacy of his own mind, I really hope the President thought: “You must not know ’bout me, You must not know ’bout me. I could have another you in a minute. Matter fact she’ll be here in a minute, baby.”
Ruth Bader Ginsburg is a fantastic justice — is, not “was.” She will likely continue to be a fantastic justice right up until the very moment of her death. We will never see her like again.
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