Sonia Sotomayor

Sotomayor rocks.

Kristine Sims (via ABA Journal).

One day, after I had been questioned for weeks at a time, I was so frustrated I looked at my assistant and said ‘I think they already know the color of my underwear.’

– Justice Sonia Sotomayor, complaining about the intrusive questioning she was subjected to during the Supreme Court nomination process, in an appearance yesterday at Northwestern Law.

Justice Sonia Sotomayor

* Professor Carlton Larson has a great new paper exploring possible constitutional limitations on state laws regulating baby names. Could parental rights to name a child “Dumb Motherf**ker,” “Preserved Fish,” or “Latrina” be protected by the First Amendment? [SSRN via Legal Blog Watch]

* Speaking of the Wise Latrina, Justice Sonia Sotomayor is a fan of bipartisan seating at the State of the Union. Her colleagues’ email skills? Not so much. [How Appealing]

* Illinois law professor Larry Ribstein on the Rahm Emanuel ruling: “Illinois law is better interpreted to say that before a Washington pol runs again in the midwest he needs some time reacquaint himself with the real world.” [Truth on the Market]

* Congratulations to DLA Piper, which will become the world’s largest law firm after a merger Down Under. [Bloomberg]

* And congratulations to former DLA partner Ted Segal — he’s moving over to regional firm Stradley Ronon, in part because of client concerns over billing rates. [Washington Business Journal]

* Wow, that was fast. Rep. Dennis Kucinich has already settled his lawsuit over olive-triggered dental damage. [Dave Weigel / Slate]

Sean Combs aka Diddy

* This complaint makes Jonathan Lee Riches v. Jared Lee Loughner sound like the height of sanity. A woman is suing P. Diddy, blaming him for the collapse of the World Trade Center. [Radar Online]

* A state transit agency in Virginia that has paid Williams Mullen more than $6.5 million over the past five years might be shifting legal work away from the firm. [Virginian-Pilot]

* You can call Above the Law “the most worst legal website published in the State of New York,” and we won’t sue you for defamation. (Cue jokes about truth as a defense in 3, 2, 1….) [New York Law Journal via ABA Journal]

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….

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Unfortunately, her reasoning has matters exactly backwards. She defers to government officials who regulate private conduct, but attacks those who run government facilities. That basic mindset shows bad intellectual judgment which will lead to a decline in economic and social fortunes that no amount of compassion can cure.

— Professor Richard Epstein, in a piece on Ricochet.com entitled Sonia Sotomayor’s Misplaced “Humanity”.

Legal outsourcing makes her happy.

* Demand for attorneys well-versed in animal law is on the rise as pet owners push for recognition of their pets as family members rather than ordinary property. Which reminds me of my dog Rascal. He ate his own crap, licked furniture, and once peed on a baby. And when he died, my parents looked at me and said, “It should have been you.” [Baltimore Sun]

* Yesterday in the life of Mikhail Khodorkovsky has American diplomats crying about a traveshamockery. [Bloomberg]

* Joe Miller may allow Lisa Murkowski to be certified as the winner of Alaska’s contested U.S. Senate seat, but Miller isn’t done scrapping and a’clawing. Shine on you crazy diamond. Shine on. [Washington Post]

* 200 massholes in the Massachusetts Legislature and only 52 of them are attorneys. [Boston Globe]

* Sotomayor, so hot right now. Sotomayor. [New York Times]

* Another article about legal outsourcing. Better bone up on your trivia, slumdogs. Ouch. That one barely makes sense. [Chicago Tribune]

* The Brits have beefed up their laws against companies bribing foreign officials. Reached for comment, Mr. Bean made a stupid face. [Wall Street Journal]

Welcome to the second installment of Under the Shingle, an occasional round-up of news and musings from the world of small firms and solo practitioners. In other words, you get a break from me — mostly.

I’ve added a bit of play-by-play to explain and connect these links, which cover such topics as the intersection of solo firms and SCOTUS, solos going big, and the big bad ABA trying to put their laws on your solo body.

Solo to SCOTUS:
A 33-year-old solo on why he left his Biglaw office in favor of working out of a spare bedroom and having his mother as his paralegal: “I wanted to create my own reality.” Well, now his reality includes SCOTUS experience after being granted cert at the last second. Before any of you aspiring solos out there get too excited, know this: his reality also includes borrowing cash from his little brother and eating a lot of PB&Js.

More links, after the jump.

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Does the statute cover depictions of violence against Vulcans?

– Justice Sonia Sotomayor, asking whether video violence against “an image of a human being” could be extended to human-like figures, during oral arguments for Schwarzenegger v. Entertainment Merchants Association.

* Gawker is now offering Donald Trump money to shut up. You could say that Gawker is not getting any consideration in this deal, but you’d be very wrong. [Gawker]

* Alice Lingo, the lawyer-turned-cleaning-lady we posted about yesterday, has a Biglaw background. [Law Shucks]

* Professor Jonathan Adler has a detailed write-up of Sonia From the Block’s recent talk to Case Western law students. Justice Sotomayor: clerkship offers or it didn’t happen. [Volokh Conspiracy ]

* Meanwhile, Lady Kaga might only be working part-time for her first Term. [WSJ Law Blog]

* A California federal judge ruled DADT unconstitutional — making it the perfect time check out this 2009 NYU Law Revue skit. [YouTube]

* If it is possible to stop with political, religious, and racial fighting (and other assorted crap) for just one day, could that day be tomorrow? [Associated Press]

This should not come as a huge surprise, but Solicitor General Elena Kagan was just confirmed by the Senate as to be the 112th justice of the United States Supreme Court. Kagan, the first woman to serve as Solicitor General, is the fourth woman ever to serve on the Court.

CORRECTION: I replaced “as” with “to be” after receiving this from a former White House official: “I feel compelled to point out that the Senate confirmed Kagan TO BE the 112th justice, after which President Obama likely appointed her AS the 112th justice. Marbury, Madison, etc.”

The vote to confirm Kagan was 63-37. Check out C-SPAN for the full tally (scroll down). Ashby Jones has the highlights:

Fifty-eight Democrats and independents, as well as five Republicans, voted for Kagan. Thirty-six Republicans and one Democrat, Sen. Ben Nelson of Nebraska, voted against the nominee.

The five Republicans who supported Kagan were Sens. Susan Collins and Olympia Snowe of Maine, Lindsey Graham of South Carolina, Richard Lugar of Indiana and Judd Gregg of New Hampshire.

The current U.S. Supreme Court lineup (once Kagan is officially sworn in): Chief Justice John Roberts (Bush 43) and Justices Antonin Scalia (Reagan), Anthony Kennedy (Reagan), Clarence Thomas (Bush 41), Ruth Bader Ginsburg (Clinton), Stephen Breyer (Clinton), Samuel Alito (Bush 43), Sonia Sotomayor (Obama) and Elena Kagan (Obama).

UPDATE: In case you’re curious, President Obama’s prior SCOTUS nominee, Justice Sonia Sotomayor, was confirmed last year by a vote of 68-31, with nine Republicans in support. Three Republicans voted for Sotomayor but not Kagan: Lamar Alexander (Tenn.), Christopher Bond (Mo.), and Voinovich (Ohio). Scott Brown (Mass.) — who introduced Kagan at her hearings, by the way — voted against her (but wasn’t in the Senate yet for the Sotomayor vote). So did George LeMieux (Fla.), who replaced Mel Martinez (a pro-Sotomayor Republican).

After the Kagan vote, the Divine Miss K’s successor as Harvard Law School dean, Martha Minow, sent out a celebratory email at HLS….

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