Supreme Court

Alito* That didn’t take long. John Oliver’s Supreme Court dogs have already been used to recreate Hobby Lobby. The entire Hobby Lobby argument. [Above the Law]

* Squire Patton Boggs is representing the pharmaceutical company promoting Ebola drugs. Or, as CNN would put it, EVERYONE AT SQUIRE PATTON BOGGS HAS EBOLA!!!! [Law and More]

* China Central Television advises citizens not to name themselves “Lawyer.” Good advice. [CCTV News]

* Slate posits that appealing gay marriage decisions to the Supreme Court may violate Rule 11. They’re wrong, but that’s what they’re positing. [Slate]

* Dr. Ruth is incredibly impressive. Next time you complain about the job market, try moving somewhere with no understanding of the language and getting your own TV show. [What About Clients?]

* Documentary about eDiscovery going on a six-city tour. This way other people can understand how much it sucks to do document review. [Bloomberg BNA]

* UC Hastings students are protesting their own graduation. [Change.org]

* Judges are an autocratic lot, and as long as we inflate the criminal justice system, many of them will be subpar and autocratic, which is an unfortunate combination. [Katz Justice]

* A man arrested for a carjacking and shooting up an apartment last week is — per our sources — a law student at Florida Coastal. Probably testing out the Crim issue spotter. [News4Jax]

* Are lawyers the new dentists? Or something like that. [TaxProf Blog]

* Man attempting suicide by cop told detectives he’d wanted to be killed and was disappointed in the officers’ marksmanship. [Seattle Times]

Jodi Arias

Jodi Arias

* When asked what his favorite SCOTUS decision was during his POTUS tenure, Obama said it was the high court’s cert denials on the gay marriage cases. Well played, sir. [Wall Street Journal]

* “Leverage has started to shift away from law firms.” Despite the fact that their headcounts are rising, Biglaw firms are downsizing office space as rents keep climbing higher. [Am Law Daily]

* Schools are trying to slap lipstick on the pig that legal education has become amid an “anemic job market.” We bet your law school has some shiny new innovations too. [News Observer]

* Citing the fact that “the courts do not exist to win popularity contests,” a judge sentenced Oscar Pistorius to five years in prison. Serious question: Will he be allowed to bring his prosthetic legs? [New York Times]

* Nancy Grace and her friends have pitchforks at the ready because Jodi Arias’s penalty phase retrial begins today, and another jury will decide if she deserves to die for murdering her boyfriend. [Reuters]

Lisa Blatt and Tom Goldstein

On Monday, October 27, at 6 p.m., we’ll be hosting an awesome Above the Law event in Washington, D.C.: a look at the current Term of the Supreme Court of the United States.

Our managing editor, David Lat, will moderate a discussion featuring two of the nation’s foremost Supreme Court advocates: Lisa Blatt, head of the appellate and Supreme Court practice at Arnold & Porter, and Tom Goldstein, partner at Goldstein & Russell and publisher of SCOTUSblog. Blatt and Goldstein have collectively argued more than 60 times before the Court.

There are many SCOTUS previews taking place around town over the next few weeks, but we promise you that the ATL event will be especially fun and lively. We will offer food, drink, and excellent company.

This event is free of charge. If you’d like to attend, please request an invite below. Thanks!


Notorious-R-B-GI have quite a large supply.

– Justice Ruth Bader Ginsburg, discussing the number of Notorious RBG t-shirts she has, during an appearance with Dorit Beinisch, former President of the Supreme Court of Israel, at the 92nd Street Y, where the jurists were interviewed by Nina Totenberg.

(Keep reading to watch the entertaining interview, where Totenberg openly admits to the audience that both she and President Beinisch are “chopped liver” compared to Justice Ginsburg.)

double red triangle arrows Continue reading “Ruth Bader Ginsburg Owns Notorious RBG T-Shirts, But Does She Wear Them?”

AlitoIf there is any justice in the world, this will revolutionize the way you consume Supreme Court news. Because the Supreme Court continues to ban video coverage of their proceedings, we’re either left waiting for Lyle to get to a phone or listening to horrible audio clips against a sketch artist’s backdrop.

Now we have a new tool to make Supreme Court coverage downright amazing. Recognizing the power of cat videos on the Internet, HBO’s John Oliver has recreated a Supreme Court oral argument playing audio clips over video of dogs representing the Supreme Court (and a chicken pecking away as the stenographer). The finished product is almost embarrassingly compelling. And Oliver encourages everyone in the media to use his raw footage to create their own SCOTUS coverage, so the ball is in your court, CNN.

Read on to see this work of genius. Come for the oral argument coverage, stay for the point where Justice Alito tries to hump Justice Kagan….

UPDATE (10/21/14, 2:35 p.m.): Check out the part on the next page where these dogs are used to recreate the Hobby Lobby argument. The whole oral argument.

UPDATE (10/25/14, 10:39 a.m.): And now we have them recreating clips from the Aereo argument to highlight how little the Court understands technology. It’s available here.

double red triangle arrows Continue reading “You Must Watch Dogs Reenact Supreme Court Arguments Right Now”

LSAT scantron* The Supreme Court is allowing Texas to enforce its strict voter identification law during the upcoming election, but Justice Ruth Bader Ginsburg, hero to the masses, wrote a rather scathing dissent in opposition. [New York Times]

* Michael Millikin, GM’s beleaguered GC, will be stepping down from his position while the Justice Department continues its probe into the company’s fatal ignition switch failures. A replacement has not yet been named. [WSJ Law Blog]

* Baltimore Law and Maryland’s HBCUs hooked up to assist underrepresented minorities get into law school. Full scholarships come with GPAs of at least 3.5 and LSAT scores of at least 152. [USA Today]

* Kent Easter, the lawyer who was convicted for planting drugs in a school volunteer’s car, was sentenced to serve six months in jail. His law license will likely be suspended (just like his wife’s was). [OC Weekly]

* Accused Boston Marathon bomber Dzhokhar Tsarnaev isn’t doing well in court, and his trial hasn’t even started yet. Motions to dismiss his case and to suppress evidence were denied. [National Law Journal]

Paul Clement

You would think that someone like Paul would be arrogant, full of himself, a hotshot, but he is none of those things. The truth is, it was the easiest thing in the world to work with him.

Mark Rienzi of the Becket Fund for Religious Liberty, commenting about former U.S. Solicitor General and current Bancroft partner Paul Clement, on the occasion of Clement’s 75th oral argument before the U.S. Supreme Court.

In a criminal case in federal court, if you are acquitted at trial of almost all of the charges against you, you can still be sentenced as though you were convicted of all of the charges against you, when the judge disagrees with the jury’s decision. That is off-the-rails crazy.

The point of a trial, of course, is to figure out if someone is going to go to prison for doing something. The jury’s decision about what a person did should be what controls what crime the person is sentenced for committing. Yet that’s not what judges do.

To be sure, there are some cases where judges use sentencing decisions to express concerns, perhaps, about the jury’s verdict. Such as when Barry Bonds was given a light sentence for committing something that was probably not a crime. Or when a woman in Indiana was convicted in a highly questionable prosecution after being inappropriately skewered with unfair questions on cross.

But that’s a judge using her power to set a sentence while respecting the decision of a jury. She accepts what the jury decided, then takes that into account — in addition to other things — when imposing sentence.

When a judge gives someone more time in prison based on something that a jury already decided the person wasn’t guilty of, it’s very different. That’s an insult to the jury and is really hard to square with how the law of federal sentencing has been developing lately.

This week, the Supreme Court had a chance to fix that. It didn’t.

double red triangle arrows Continue reading “The Supreme Court Lets You Go To Prison (Longer) For What You Weren’t Convicted Of”

Do you want to prove that you know more about the Supreme Court than anybody else? Do you just like money? Do you want to humiliate Above the Law editors?

If your answer to any of these questions was yes — and I suspect your answer to ALL of these questions was yes — then sign up at FantasySCOTUS and play against us predicting all the outcomes of the October 2014 Term.

There’s $10,000 in it for you if you’re good….

double red triangle arrows Continue reading “Play FantasySCOTUS With The ATL Editors”

* A blistering dissent from that usual suspects: Ruth Bader Ginsburg, Antonin Scalia, and Clarence Thomas. [The Atlantic]

* Same-sex marriage opponents in Nevada suggest liberal bias in the selection of the Ninth Circuit panels hearing gay rights cases. They demand en banc review after noting that “two of the Ninth Circuit’s more liberal judges wind up most often on panels deciding cases involving gay rights.” Let me peruse that roster of Ninth Circuit judges… yeah, good luck with that en banc review, guys. [SCOTUS Blog]

* A Toledo Law student was arrested on a child sex charge. [NBC24]

* Kesha is suing producer Dr. Luke for sexual assault and battery. [TMZ]

* Can you guess which states lead the way on transgender rights? The answer will… actually not surprise you much at all. [Vocativ]

* The travails of Albany Law School continue. President and Dean Penny Andrews announces that she is stepping down. [Albany Law School]

* As if police departments weren’t militarized enough, they’re using cash seizures to fuel even more ridiculous spending. [Washington Post]

* Staci profiled some legal cosplayers, and when I saw the Judge Dredd costumes, all I could think about is one of the greatest Onion videos about SCOTUS ever. “I am the law!” [The Onion]

* Katie Couric sits down with Susan Mellen, who was wrongfully imprisoned for 17 years. [Yahoo! News]

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