Sidney Spies
* Justice Ruth Bader Ginsburg thinks Roe v. Wade was a mistimed ruling, saying things would be different today if the court had been more “restrained.” Well, wire hanger sales would be up, that’s for sure. [CBS News]
* Bait and switch of the day: personal injury firms are enticing plaintiffs to sue with promises of free iPads, but they may never see them. Blame England for this one. At least it’s not happening in America… yet. [Daily Mail]
* Netflix is settling its nationwide video privacy lawsuit for $9M. It’s embarrassing enough that you know you watched the Twilight saga so many times. Netflix doesn’t need to keep your shame on record. [paidContent]
* Remember Sidney Spies, the sexy First Amendment freedom fighter? Her final yearbook photo submission was rejected, and now her family wants to file a complaint — because nobody’s gonna tell their daughter that she can’t look like a skank. [ABC News]
* Roger Aaron, one of Skadden’s most prominent mergers-and-acquisitions partners, RIP. [WSJ Law Blog]
[A]mong the world’s democracies … constitutional similarity to the United States has clearly gone into free fall. Over the 1960s and 1970s, democratic constitutions as a whole became more similar to the U.S. constitution, only to reverse course in the 1980s and 1990s. The turn of the twenty-first century, however, saw the beginning of a steep plunge that continues through the most recent years for which we have data, to the point that the constitutions of the world’s democracies are, on average, less similar to the U.S. Constitution now than they were at the end of World War II.
– Professors David S. Law of Washington University in St. Louis and Mila Versteeg of the University of Virginia, in a forthcoming article that will be published in the New York University Law Review. They conducted a study that was discussed in a very interesting article by Adam Liptak, ‘We the People’ Loses Appeal With People Around the World.
And perhaps with Justice Ruth Bader Ginsburg? Which constitutions does she prefer over our own founding document?
Continue reading “Quote of the Day: Why Do You Hate America, Justice Ginsburg?”
SCOTUS in the house at SOTU.
President Barack Obama delivered his State of the Union address this evening, and it was even less exciting than last year (which was less exciting than the year before, when the famous Obama v. Alito showdown over Citizens United took place). Tonight was light on drama — one of the most compelling moments came early on, with the arrival in the chamber of retiring Congresswoman Gabrielle Giffords — and President Obama’s speech was light on new ideas. Considering that we’re in an election year, with no major legislation likely to pass anytime soon, this shouldn’t come as a surprise.
Your Above the Law editors covered the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky.
Here’s an open thread for discussion of the address. We’ll get the party started with a few legally oriented highlights, after the jump.
Continue reading “The State of the Union (2012): Open Thread”
SCOTUS has spoken on S&C's screw-up.
We’ve previously written about the mailroom of death at Sullivan & Cromwell. To make a long story short (read our prior posts for the full background), a mailroom mix-up at 125 Broad Street caused an Alabama death-row inmate to miss a deadline for filing an appeal. The Eleventh Circuit rejected the condemned man’s attempt to reopen his case.
Presumably feeling bad for what had happened, S&C appealed to the Supreme Court. The firm hired a leading SCOTUS advocate — former Solicitor General Gregory Garre, now a partner at Latham & Watkins — to argue that prisoner Cory Maples shouldn’t forfeit his life because of S&C’s screw-up.
This morning, the Supreme Court handed down its ruling in Maples v. Thomas. What did the high court have to say?
Continue reading “Supreme Court Rules on Sullivan & Cromwell’s Mailroom of Death”
* In an unprecedented move, Health Secretary Kathleen Sebelius has overruled the FDA. Looks like the Obama administration thinks that Plan B will turn little girls into promiscuous prosti-tots. [Wall Street Journal]
* Due to this ruling, Occupy Boston protesters will probably have to STFU and GTFO. Bring out the brooms, because this will be the only sweep that Red Sox Nation gets to see for a while. [Bloomberg]
* Hopefully UVA Law student Joshua Gomes has some transcript paper stashed away, because with a bond hearing on December 12, he’s probably going to be missing some finals. [The Hook]
* The spouses of the Supremes have published Chef Supreme, a cookbook dedicated to RBG’s husband, famed tax lawyer Martin Ginsburg. Better title: Article III Gourmand. [Blog of Legal Times]
* Lovely Hooters ladies in California will no longer have to pay for their uniforms thanks to this class action settlement. Stay tuned for smaller, tighter uniforms in light of budgetary constraints. [KCRA 3]
Hold up. How could I be a baby daddy? I haven't hit puberty.
* Sorry, Obama, but Justice Ruth Bader Ginsburg is alive, well, and doesn’t plan on retiring any time soon. No more Supreme Court appointments for you, buddy boy. [The Oval / USA Today]
* Judge William Adams will not face charges over the beating of his daughter, Hillary Adams, due to the statute of limitations. At least he’ll still have public scrutiny and embarrassment. [Houston Chronicle]
* The Third Circuit has tossed out a $550K fine against CBS for the second time, because really, who wouldn’t want to see a fleeting nipple image belonging to Janet Jackson. [Legal Intelligencer]
* A former Nixon Peabody attorney got probation instead prison for false statements charges, and might even get her law license back. Did she get points for being pretty? [Blog of Legal Times]
* And speaking of being pretty, this lawsuit claims that favoring employees’ diversity over hotness at Panera Bread will allegedly earn you a spot on the unemployment line. [Washington Post]
* Occupy Wall Street protesters better hope that their lawyers aren’t planning to scrawl their pleadings on the bottoms of pizza boxes, because they’re going to trial. [Bloomberg]
* Did Justin Bieber’s alleged baby mama deflower the teen pop star? You better beliebe it! She claims in court documents that their reported encounter was his first time. [New York Post]
* Will the DOJ ask the 11th Circuit to reconsider Obamacare before appealing to SCOTUS to get the president reeelected? Does a bear sh*t in the woods? [Los Angeles Times]
* The verdict is in on Elena Kagan’s first year on the bench, and one thing’s for sure: the ladies love her. That’s definitely what she said. Right, RBG? [Washington Post]
* Casey Anthony now owes Florida over $217K. That’s almost as much as it costs to raise a child to age 18. Talk about a bad return on an investment. [CNN]
* Antonin Scalia, the Rock Star of One First Street, banned paparazzi from his Duquesne Law appearance. Tiger Beat had to settle for pictures of Taylor Lautner. [Blog of Legal Times]
* Meth dealer: not a viable career alternative for attorneys. This 2011 law school graduate will be heading to jail after she gets her bar exam results. [Richmond Times-Dispatch]
* Never accuse an elderly New Yorker of incest. She might sue, because she “was never that hard up that [she] would tap on family.” You go, girl grandma! [New York Post]
First class is a great place for napping.
Along with all of the other passengers, according to the Washington Post. The plane reportedly experienced engine trouble.
United Airlines Flight 586 was scheduled to depart Dulles for San Francisco at 12:34 p.m. The engine problems apparently started before the plane took off. The passengers were evacuated from the smoky plane via emergency chutes and sent back to the terminal. They will board a flight scheduled to depart at 3 p.m. today.
There were reports of three injuries — but Justice Ginsburg, 78, is doing fine, according to Supreme Court spokeswoman Patricia McCabe Estrada. RBG is on her way to an appearance tomorrow at the UC Hastings College of the Law.
Elie wonders: “Is this God’s way of telling RBG to retire? Things aren’t looking so great for 2012.”
UPDATE (4:40 PM): More from the Associated Press.
Justice Ginsburg aboard plane evacuated at Dulles International Airport [Washington Post]
* Looks like you really screwed the Cooch. Virginia and its Obamacare challenge got slapped around today by the Fourth Circuit. [Blog of Legal Times]
* Just how rich are the members of SCOTUS? When you’re worth $45M, like RBG, you can afford to fall asleep during the State of the Union address. But you can’t afford such luxuries when you’re still Sonia from the block. [Forbes]
* An interesting read on the Kenneth Moreno case from the perspective of a juror. Buy it on your Kindle and check it on the way home today. [Gothamist]
* What is law school’s dirty little secret? If you have social skills, you don’t need to be in the top ten percent to get a job. Fair warning, because your mileage may vary with this bit of advice. [Law Riot]
* If Texas A&M is actually allowed to join the SEC, fans are going to have to learn how to start talking smack about the Big 12 and buy a pair of jorts stat. [ESPN]
* What a Masshole: sorry, lady, but if seeing your criminal history in print is too upsetting, maybe a career change is in order? No judge is just going to stop the presses for you. [Salem News]
* “Abandon hope, all ye who enter here! Thou art cash cows being led to the $laughter!” Well, if you’re going to riff on my school, at least get your facts straight. We cry in our cars. [LOLawyer]
* No, you cannot change your name to NJWeedman.com. We get it, you smoke two joints before you smoke two joints. But if you lose the domain, your stoner friends would be confused. [Gawker]
Justice Ruth Bader Ginsburg, writing for the four moderates on the court, dissented from Justice Scalia’s broader analysis and sought a much narrower holding.
– the New York Times editorial board, in an editorial about Wal-Mart v. Dukes entitled Wal-Mart Wins, Workers Lose.
We just learned, via the SCOTUSblog liveblog of today’s proceedings at the Supreme Court, that Wal-Mart v. Dukes has been decided. Here is some background about the case, one of the most closely watched of this Term, and here is the opinion of the Court.
Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. SCOTUS reversed the Ninth Circuit and held that class action certification should not have been granted in this case, brought on behalf of hundreds of thousands of female Wal-Mart employees who alleged a pattern and practice of pay and promotion discrimination by the giant retailer.
Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer, Sotomayor, and Kagan. What did RBG have to say?
Continue reading “Supreme Court Rejects Nationwide Class Action Against Wal-Mart”
Here are a couple of things I learned last week:
1) Above the Law readers love commencement train wreck stories.
2) Emory Law students feel picked on.
Armed with this new information, I bring you stories of commencement ridiculousness at schools with student bodies mature enough to take a little scrutiny.
Graduation has come and gone at Yale Law School and Harvard Law School. And while most Yale and Harvard graduates have jobs lined up for this fall, the transition from student to graduate did not go as smoothly as possible. At one school, a Supreme Court justice essentially had to crash the ceremonies. At another school, it seems the smart people organizing the event were totally flummoxed by the naturally occurring phenomenon of rain.
You’d think that with 380-plus years of combined experience, these two law schools could figure out how to run a graduation ceremony. But apparently there’s no accounting for common sense….
Continue reading “Even Harvard and Yale Couldn’t Pull Off Flawless Commencements”
Maybe RBG is still very young at heart.
Here’s the question swirling through the blogosphere today: Should Justice Ruth Bader Ginsburg resign now — because if she dies under a Republican president, it will be a disaster for every ideal she fights for?
The question was teed up on the WSJ Law Blog this morning after an AP report noted that some liberals were “clamoring” for her resignation (and that of Stephen Breyer, to a lesser extent), just in case Obama loses in 2012.
You can see why liberals are nervous. The Court already has a 5 – 4 conservative majority (if you really think Justice Anthony Kennedy is a “swing” vote, you’re a Republican who likes to pretend to be an independent). Justice Ginsburg has had health problems, and some are not confident that she’ll last until 2016 — and it’s unlikely that either the 78-year-old RBG or the 72-year-old Breyer would make it to 2020, if a two-term Republican president is on the horizon.
The stakes couldn’t be higher. Which is why I think my answer is going to surprise people…
Continue reading “Should Ruthie Stay Or Should She Go?”
On what basis can one be confident that law schools acquaint students with prosecutors’ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Dubelier’s alma mater, like most other law faculties, does not make criminal procedure a required course. [FN21]
[FN21] See Tulane University Law School, Curriculum, http://www.law.tulane.edu (select “Academics”; select “Curriculum”) (as visited Mar. 21, 2011, and in Clerk of Court’s case file).
– Justice Ruth Bader Ginsburg, dissenting, in Connick v. Thompson (via Josh Blackman, who provides additional context and excerpts from the opinions; there’s also discussion of the case at Gawker).
Ann Althouse
* The town of Sedgwick, Maine, has declared “food sovereignty,” giving its citizens the right “to produce, process, sell, purchase, and consume local foods of their choosing,” without regard to state or federal law. Preemption? The Supremacy Clause? Eat it. [Food Renegade]
* Speaking of chaos, Wisconsin law professor Ann Althouse wonders: “Who will win and who will lose in the recall madness?” [Althouse]
* Elsewhere in the Midwest, a blogger who didn’t commit defamation is nevertheless held liable under alternative theories that media law professor Jane Kirtley describes as “trash torts.” We no like. [Minneapolis Star-Tribune via Consumerist]
Ruth Bader Ginsburg: birthday girl.
* A young couple that has been fined for their noisy kid might take legal action against their homeowners’ association. Do they have a toddler’s leg to stand on? [MyFoxDFW.com]
* Happy Birthday, Justice Ginsburg! You don’t look a day over 78. [Vault]
* We previously mentioned the ATL contest for NCAA picks — click here, join the group “Above the Law Blog” with the password “abovethelaw”, and fill out a bracket — but we also encourage you to join the Dealbreaker contest (which has much nicer prizes). [Dealbreaker]
Justice Alito is going to the State of the Union this year? Not true, not true!
Tomorrow night, many of us will tune in to President Barack Obama’s State of the Union address — hoping to catch more catfighting than on an episode of Jersey Shore.
Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme Court for its Citizens United decision, with six members of the Court sitting a stone’s throw away from him, and Justice Samuel Alito responded by mouthing “not true” at the POTUS.
(Speaking of Citizens United, the decision celebrated its one-year anniversary last week, on January 21. And as Josh Blackman notes, the world has not come to an end, contrary to the dire predictions of distraught liberals. Of course, experts in this area — including some Obama-supporting liberals — told us that Citizens United wasn’t that big a deal.)
Thanks to last year’s juicy Obama v. Alito showdown, numerous commentators have wondered: Will Supreme Court justices attend the State of the Union this year? If so, which ones?
Let’s make some predictions, justice by justice….
Continue reading “Will SCOTUS Go to the SOTU This Year?”
The costuming department has put Kate in clothing so tight and heels so high, they make Ally McBeal’s notorious miniskirt suits seem like something you would expect to find on Ruth Bader Ginsburg.
— New York Times television critic Ginia Bellafante, referring to Kate Reed, the protagonist of the new legal drama Fairly Legal (in a review of Fairly Legal, which premieres on Thursday at 10 p.m. on USA, and Harry’s Law, a second legal drama, which debuts tonight at 10 p.m. on NBC).
(But don’t forget that the fine-boned Justice Ginsburg was a beauty in her youth — she was even a high school cheerleader.)
Alas, Justice Ginsburg wasn’t spotted slurping down noodles at Tony Cheng’s. Rather, Her Honor was in D.C.’s Chinatown for a theater performance, which is more her speed. (She also loves the opera, of course.)
The Eyes of the Law celebrity sighting took place on Friday evening. Our eyewitness reports:
RBG spotted at the theater! It was opening night of the Shakespeare Theatre Company’s “Free for All” production of Twelfth Night at Sidney Harman Hall (yes, as in Rep. Jane Harman’s husband), across from the Verizon Center in D.C’s Chinatown.
The “Free for All” is an annual event in which the Company puts on a free Shakespeare show for Washington for a couple weeks in the summer.
Free theater is nice and all, but Justice Ginsburg doesn’t need handouts. She and her late husband, Martin Ginsburg, revealed assets worth as much as $45 million at the time of her most recent financial disclosure.
So, did our correspondent get to chat with Justice Ginsburg?
Continue reading “The Eyes of the Law: Justice Ginsburg in Chinatown”
Earlier this week, the New York Daily News reported that Justice Anthony M. Kennedy has no plans of stepping down from the Supreme Court anytime soon. This wasn’t terribly exciting, since there haven’t been any rumblings of an AMK departure. In addition, Justice Kennedy has already hired at least two law clerks for October Term 2011.
And so have several of his colleagues, including Justices Antonin Scalia and Ruth Bader Ginsburg (who are said to be done with their OT 2011 hiring). Some have wondered whether Justice Ginsburg might be leaving the Court, given her health issues. But RBG’s commitment to the Court appears strong — she took the bench the day after the deeply sad passing of her husband, Marty Ginsburg — and her hiring a full clerk complement for 2011-2012 suggests she isn’t going anywhere.
A full list of the October Term 2010 law clerks, who are starting at One First Street this month, plus news (and rumor) of OT 2011 hires — after the jump.
Continue reading “Supreme Court Clerk Hiring Watch: All of October Term 2010
Plus several hires for October Term 2011.“
Martin Ginsburg — a leading tax lawyer and law professor, and the husband of Justice Ruth Bader Ginsburg — passed away earlier today. He was 78. According to a statement released by the Court, he passed away at home, from complications of metastatic cancer.
Marty Ginsburg was known in Supreme Court circles as Justice Ginsburg’s secret weapon. Justice Ginsburg herself can sometimes be shy, awkward, and introverted, but her husband was gregarious, charming, and a great entertainer. He was a talented chef and would perform the culinary honors at dinners for Supreme Court justices and their spouses. He would also cook for RBG’s clerks each Term.
He was widely noted for his great sense of humor….
Continue reading “Martin Ginsburg, Noted Tax Lawyer and Husband of Justice Ginsburg, R.I.P.”
