Samuel Alito

Supreme Court arguments are off and running, and the Supremes wasted no time in getting to the fun stuff. In this instance, it’s McCutcheon v. FEC, the case billed as Citizens United II: Electric Boogaloo. The conservative wing of the Court is expected to side with McCutcheon in its continuing war to make American elections safe for multi-millionaires.

Anyway, the oral argument was marked by the usual humorous sniping amongst the justices and lots of fun exchanges where counsel and the conservative justices worked overtime to subordinate reality to ideology. Up to and including Justice Scalia arguing that $3.5 million isn’t that much money for one individual to spend on an election.

Here are 3 immediate, largely stream-of-consciousness thoughts based on reading the transcript (available at the end of the post) coming out of this oral argument:

double red triangle arrows Continue reading “McCutcheon Oral Argument: Or, Justice Scalia Explains How $3.5 Million Isn’t That Much Money”

It’s Alito time, Phil! (via Getty Images)

* The NSA has violated the Constitution for years, you say? And it’s been misleading the FISA court about all of its domestic spying activities? As of this moment, the NSA is on double secret probation! [New York Times]

* Imagine how the New York stop-and-frisk case would have turned out if it had been before SCOTUS. The “human toll of unconstitutional stops” may not have been weighed so heavily. [Opinionator / New York Times]

* “[N]o one has a crystal ball,” but right now, it’s highly likely that the Supreme Court will take up another gay marriage case. Perhaps it’ll be the one that’s currently unfolding in Pennsylvania. [Legal Intelligencer]

* According to a recent survey conducted by Randstad, about 60 percent of lawyers are proud to be members of the legal profession, which is impressive(!) considering how unhappy they are. [The Lawyer]

* Birds of a feather really do flock together. Philip Alito, son of Justice Samuel Alito, will join Eugene Scalia, son of Justice Antonin Scalia, at Gibson Dunn’s Washington, D.C. office. [Blog of Legal Times]

* Even though the vast majority of his race-based claims were dismissed on summary judgment, this “token black associate” still has a respected Biglaw firm up against the Ropes. [National Law Journal]

* Law school applications are plummeting, but top law schools haven’t started scraping the bottom of the barrel — their applicants’ LSAT scores have remained relatively competitive. [WSJ Law Blog (sub. req.)]

* I am Chelsea Manning, I am a female.” Considering (s)he was just sentenced to 35 years in prison, Bradley Chelsea Manning picked a great time to make this announcement to the world. [Chicago Tribune]

* You dare call the Duchess of Dumplins racist and sexist? When it comes to Paula Deen’s new legal team from Morgan Lewis, five are women, and four are black. Take that, Lisa Jackson. [Am Law Daily]

Lana Landis: Give her all your money.

* It’s Alito time, bitch! If you were wondering about any of the cases in which the justice recused himself last year, his latest financial disclosure report is quite telling. [Blog of Legal Times]

* Yet another appellate court has ruled that Obama’s recess appointments to the NLRB were unconstitutional. Alright, we get it, just wait for the Supreme Court to rule. [TPM LiveWire]

* Hey baby, nice package: With stock awards soaring, general counsel at some of the world’s largest companies had a great year in 2012 in terms of compensation. [Corporate Counsel]

* NYU professors want Martin Lipton of Wachtell Lipton to swallow a poison pill and step down from the school’s board of trustees over his ties to the University’s unpopular president. [Am Law Daily]

* Now that they’ve stopped acting like the doll they were arguing about in court, MGA has put aside its differences with Orrick to amicably settle a fee dispute in the Bratz case. [National Law Journal]

* Who needs to go on a post-bar vacation when you can take a vacation while you’re studying for the bar? This is apparently a trend right now among recent law school graduates. Lucky! [New York Times]

* A man puts assets into his pin-up wife’s name on advice of counsel, she files for divorce, and the firm allegedly takes her as a client. This obviously happened in Florida. [Daily Business Review (sub. req.)]

* David Schubert, the deputy DA who prosecuted Paris Hilton and Bruno Mars, RIP. [Las Vegas Sun]

Another week has come and gone. We’re post Independence Day, so strap in for the long grind to Labor Day before you get any rest. If you need a break, I suppose you can take some summers for a 3-hour lunch, assuming anyone still does that.

But the real importance of the week’s end is that it’s time again to compile my look at some notable stories from the week in legal news. Bring on “5 Thing Friday” or “Working for the Weekend” or something like that.

This week, we had Justice Ginsburg’s declaration that she’s not retiring, the Zimmerman trial continued on its tragically absurd course, Vault released its annual law firm rankings, the NFL got burned in court — twice — and Harry Reid figured out that there’s this thing called a filibuster and the Republicans are really good at it…

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The preferred methodology for phone threats.

* Bad boy! After last week’s dramatic bench performance by Justice Samuel Alito, the Alliance For Justice, a liberal watchdog group, is petitioning the Supreme Court to adopt and adhere to a code of conduct. [National Law Journal]

* There’s been a changing of the guard at the Supreme Court, where Scott Harris will be stepping into the role of Clerk of Court in September. Here’s hoping he can fill William Suter’s shoes. [Supreme Court of the United States]

* If you’re in-house and searching for the best outside counsel, you may be best served by going to one of these Biglaw firms. But which were the “absolute best”? Take a wild guess. [Corporate Counsel]

* “Let’s record this as a threat…” If you say so. Wherein a former Bryan Cave attorney gets federally indicted for threatening to murder a colleague still employed at the firm. [St. Louis Post-Dispatch]

* And just like that, the tide keeps on rolling. With the departure of Kenneth Randall, Alabama Law has appointed Professor William Brewbaker as acting dean until an interim dean is chosen. [AL.com]

Mr. Milbank is a humorist and satirist. He can make mountains out of molehills if he wants to. But he should take a page out of Justice Alito’s book and pay more attention to getting it right.

William Ranney Levi and Dana Remus, former law clerks to Justice Samuel Alito, in a letter to the Washington Post responding to an article by Dana Milbank. Milbank accused the justice of “demonstrat[ing] his disdain” for his women colleagues while on the bench.

Behold The Nine.

Elie here. In sports, we assess the legacy of athletes after every game. In politics, we assess the legacy of elected officials after every vote or scandal. So why can’t we do the same for Supreme Court justices?

In case you’ve been living under a rock, it’s been a pretty big week over at One First Street. The Court has decided a number of high-profile, controversial cases. Those decisions have come down with strong holdings, blistering dissents, and stinging concurrences. Each justice is aware that the words they’ve published this week could be around for a long time, long after they’re dead, and will be judged by history.

But who has time to wait for history? David Lat and I engage in some instant legacy analysis on what this week has meant for each of the nine justices on the Supreme Court. Let’s break it down in order of seniority, starting with the Chief….

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* Former Patriots TE Aaron Hernandez arrested. In other news, that Patriots offense was killing people last year. [NBC News]

* Elie appeared on HuffPo Live to explain how today’s rulings changed his marriage. [Huffington Post Live]

* For all the role-playing game nerds out there, a guide to the SCOTUS alignments. I’m not sold that Scalia isn’t “Lawful Good” and Alito “Chaotic Good,” but the point remains. [It's a Great Life If You Don't Weaken]

* Aaron Zelinsky has a solution for the Supreme Court’s decision to strike down the VRA formula — force every jurisdiction to adhere to Section 5 preclearance. That would make way too much sense. [Concurring Opinions]

* Iowa’s Supreme Sausage Fest to reconsider “irresistible attraction” ruling, which you may remember from stories like this or this. [On Brief: Iowa's Appellate Blog]

* Ilya Somin on the strange bedfellows emerging on questions of standing. [Volokh Conspiracy]

* Congratulations to Saccharomyces cerevisia, the newly minted Official State Microbe of Oregon. The bacteria is also known as “brewer’s yeast,” so it makes a lot of sense when Portland has the most breweries per capita in the country. [Lowering the Bar]

* This judge makes important observations about rodent control. Or at least some clerk slipped footnote 5 in because Caddyshack deserves more legal citation. Unfortunately it does not conclude with, “By Order of this Court, We’re All Gonna Get Laid.” Opinion below…

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If you were hoping to spend a year with no pay helping a premier Internet publication write up a sighting of Amanda Bynes at Shake Shack, you may soon be out of luck.

On the heels of Judge William Pauley ruling in favor of unpaid interns in the entertainment industry, the Internet behemoth that is Gawker Media is the subject of a new class action for its unpaid internships.

Which means this was probably a bad day for them to make jokes about the practice of abusing interns…

double red triangle arrows Continue reading “If Unpaid Interns Don’t Like Their Bosses, They’ll Hate Justice Alito”

* As we wait for the biggest cases of this term, the question that seems to be on everyone’s minds is: “What would Justice Kennedy do?” We might find out the answer today if we’re lucky. [New Yorker]

* At least we know what Justice Kennedy wouldn’t do. He’d never disrespect his elders like Justice Alito did yesterday after rolling his eyes at Justice Ginsburg while on the bench. [Washington Post]

* Meanwhile, although the Supreme Court punted an important affirmative action ruling yesterday, Jen Gratz’s life has been defined by a more meaningful one made about a decade ago. [Washington Post]

* It’s not what you know, it’s who you know: Covington, the firm where ex-DOJ lawyers go to make money, is representing some very big tech companies in their dealings with the NSA. [Am Law Daily]

* Fox Rothschild picked up a small Denver firm to reach a “critical mass” of attorneys in its new office and offer full service. FYI, “full service” in Colorado means weed law now, you know. [Legal Intelligencer]

* “[G]iven the significant decline in law school applications,” Cincinnati Law is pushing for a 30 percent tuition and fees reduction for out-of-state students. That’s a step in the right direction. [WCPO ABC 9]

* This guy had the chance to go to law school, and I bet he’s really kicking himself now after choosing to be a member of the Boston Red Sox bullpen instead. Poor kid, he could’ve had it all. [MassLive.com]

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