SCOTUS

Ed. note: Above the Law will have a reduced publishing schedule on Friday, July 4, in observance of the day when Will Smith beat those aliens.

* Two state supreme courts rejected the bids of guns rights advocates to give felons the right to own guns. But if you outlaw guns, only outlaws… wait, that slogan doesn’t work here. [The Volokh Conspiracy / Washington Post]

* Hobby Lobby fallout. Religious groups are asking President Obama to accommodate their “sincerely held belief” that gay people don’t deserve jobs. [Talking Points Memo]

* On the other hand, Hobby Lobby opens the door to student loan forgiveness. [Tyler Coulson]

* People hated talking to Steve Jobs about their work. Was it because kids these days don’t understand the value of hard work? Or was it because computer geeks are notoriously introverted? [What About Paris?]

* Don’t discriminate against people getting divorces — they’ve got enough to worry about. [Adjunct Law Prof Blog]

* Some legal academics think bank executives should be paid in bonds. Here are some arguments against that. [Fortune]

Justice Samuel Alito

[T]he 64-year-old [Samuel] Alito — a George W. Bush appointee — is aggressively staking out ground as a successor or even rival of sorts to Justice Antonin Scalia, 78, who’s often viewed as the intellectual leader of the court’s conservative wing. But he’s doing so in a less pugnacious and more politically palatable way than Scalia.

Josh Gerstein and David Nather of Politico, in an article about Justice Samuel Alito’s “moment” on the Supreme Court in the wake of his delivery of the majority opinions in both the Harris and Hobby Lobby cases.

Bryan A. Garner

This May, Thomson Reuters published the tenth edition of the estimable Black’s Law Dictionary (affiliate link). The most widely cited legal book in the world, Black’s is a must-have for every lawyer and law student.

Henry Campbell Black published the first edition in 1891. Starting with the publication of the seventh edition in 1995, Black’s has been edited by Professor Bryan A. Garner, the noted lexicographer, legal-writing expert, and author of such books as Garner’s Modern American Usage, Making Your Case: The Art of Persuading Judges, and Reading Law: The Interpretation of Legal Texts (the last two co-authored with Justice Antonin Scalia (affiliate links)).

I met with Garner during his recent visit to New York, where he taught his famous legal-writing course to various law firms and government employers. His voice was hoarse from a summer cold, but he generously soldiered through an interview with the help of some tea. Here’s a (lightly edited and condensed) write-up of our conversation.

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* Politico asked 19 legal experts to evaluate the Supreme Court term. I wonder which 9 justices they thought were most important this term? [Politico]

* One of the girls who stabbed a friend at the supposed behest of the fictional “Slenderman” was deemed incompetent. [Chicago Tribune]

* Have you checked out the logo for Stussy jeans? Because those horsies look awfully familiar to a certain other, more famous jean company. [Los Angeles Intellectual Property Attorney Blog]

* The sad truth for those of you banking on Biglaw careers to pay off your loans? You are not a beautiful and unique snowflake. [Law School Lemmings]

* The recent study that created a cumulative ranking of law schools based on LSAT scores, employment, and citations has been updated to account for school-funded jobs. No more gaming the system schools. [The Faculty Lounge]

* Womble Carlyle prevails in the discrimination suit brought by a cancer survivor they fired when her cancer treatment left her weak. What’s with lawyers picking on cancer survivors today? [Triangle Business Journal]

* Mr. Florida Football: July 2014. Check out his stats: 6’1″, 245, 3 murder charges… [Chronicle of Higher Education]

* The next generation wants to change the world. Maybe consider something other than law school. [Law and More]

* The suit between Jerry Only and Danzig (Glenn, not Chris) is heating up with a countersuit. [Metal Sucks]

* Time for another Battle of the Law Firm Bands! This one is in L.A. next Tuesday, July 8, and 11 bands from area law firms and companies are playing, including bands from Latham, Gibson, O’Melveny, and MoFo. It’s for a good cause, so show up. [Family Violence Appellate Project]

The Supreme Court released its opinion in Burwell v. Hobby Lobby on Monday, holding that the HHS contraception mandate violates an employer’s rights under the Religious Freedom Restoration Act, even when the employer is a for-profit corporation closely held by individuals who object to the mandate on religious grounds. Following the decision in McCullen v. Coakley, the abortion clinic buffer zone case, Hobby Lobby is the second case in a week where the Court told us how much each side of a fundamentally divided issue can ask of the other, under the law. They are hard cases to talk about without questioning the good faith or good sense of the other side. Nearly everyone thinks either Hobby Lobby or McCullen was a bad decision.

The only thing more frustrating than a bad high-profile Supreme Court decision may be the public’s response to any high-profile Supreme Court decision. For proof, one need only look as far as some of the tweets on SCOTUSblog’s Twitter feed….

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We know you love Justice Ginsburg. You voted her your favorite justice just last year. Yesterday, this tweet became the most retweeted thing from our account in basically ever.

But have you read Notorious RBG’s dissent in Hobby Lobby yet? It is pretty long. Perhaps you’d enjoy it better as a song? That’s what one guy did — he condensed the opinion into a song.

And it’s pretty good.

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Please go f@ck yourself and die, SCOTUSblog.

Hey, guys, do you remember that time a partner from Reed Smith thought SCOTUSblog’s Twitter feed was an official Twitter feed of the U.S. Supreme Court? That was so much fun. We always enjoy it when the words “go f@ck yourself and die” come from a Biglaw partner’s mouth — or keyboard, as it were.

This time around, everyone and their mother and their dog mistook the SCOTUSblog Twitter feed for an official Twitter feed of the U.S. Supreme Court in the wake of the Hobby Lobby decision. Members of the public were enraged, and took to the social media platform to shake their virtual fists in anger in tweets directed at SCOTUSblog.

Whoever is in charge of the SCOTUSblog account responded with the second language that is innate to all lawyers: sarcasm. The result was absolutely fabulous…

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* You may have missed this because you were busy lamenting yesterday’s Supreme Court decisions, so here are just a few of the high-profile cases for which the high court refused to grant cert. [WSJ Law Blog]

* A judge tossed a defamation suit filed against Cooley Law by the original law school litigation dream team. That’s too bad, it would’ve been interesting watch the trial. [National Law Journal]

* George Zimmerman lost his defamation suit against NBC. As it turns out, the network didn’t need to edit those phone calls to make it seem like the acquitted artist was racist. [Chicago Tribune]

* Listen, if you really feel like you need include an addendum to your law school application, you should try not to use too much flowery bullshit to explain away each of your misdoings and missteps. [Law Admissions Lowdown / U.S News & World Report]

* Unfortunately, things aren’t exactly getting much better for women in Silicon Valley. A former vice president over at Tinder alleges that the company’s CEO called her a “whore” at a party. Eww! [Reuters]

Today’s majority cannot resist taking potshots at Abood… but it ignores the petitioners’ invitation to depart from principles of stare decisis. And the essential work in the majority’s opinion comes from its extended (though mistaken) distinction of Abood… not from its gratuitous dicta critiquing Abood’s foundations. That is to the good — or at least better than it might be. The Abood rule is deeply entrenched, and is the foundation for not tens or hundreds, but thousands of contracts between unions and governments across the Nation. Our precedent about precedent, fairly understood and applied, makes it impossible for this Court to reverse that decision.

– Justice Elena Kagan, using her dissent in Harris v. Quinn to shore up the compelling case that Abood cannot be reversed. Which is going to be downright hilarious next term when the Court goes ahead and reverses it.

Last year at about this time, Justice Samuel Alito authored one of the most sneaky anti-woman decisions in recent memory. In Vance v. Ball State University, Justice Alito made it much more difficult for women to sue their employers for workplace harassment. At the time, I said it’s the kind of decision Chris Brown would be proud of, but on reflection, that may have been unfair to Chris Brown.

Today, Alito once again puts in the heavy lifting to make the world worse for working women. Apparently, in Alito’s world, it’s not only okay for employers to try to have sex with their female employees, they also get to regulate what medications they take…

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