Supreme Court

* Apparently, heckling Carmelo Anthony can cost you your job. [Dealbreaker]

* There’s nothing the Supreme Court can do to stop cops who want to take a long time to release you from a stop, even if the Court wants to. [Simple Justice]

* I think we should just ask John Roberts to tell every state precisely how they are allowed to discriminate against black voters and be done with it. Just tell us the rules so we can start the GOTV campaigns. [Election Law Blog]

* Former Manhattan Assemblywoman Gabriela Rosa gets a year in jail for purchasing a sham marriage to gain citizenship. The “for citizenship” part is what got her, because lots of politicians are in sham marriages. [Journal News]

* Judge Frank Easterbrook thinks that the new proposed length limit for appellate briefs is too short. Verbose litigators everywhere, rejoice. [How Appealing]

* I thought “spoofing” was bad for the market, but Matt Levine says cracking down on spoofing “helps” high-frequency traders, who I also think are bad for the market. You know why I’m not an SEC lawyer? Prosecuting people based on them being “bad” becomes untenable when everybody involved is rich. [Bloomberg View]

FYI Jami and Therese: On Wednesdays, we wear pink!

* SCOTUS justices added 11 cases to this term’s docket yesterday following their megaconference earlier this week. Alas, no same-sex marriage cases have been added yet. [New York Times]

* The Fifth Circuit allowed Texas to enforce its new abortion clinic restrictions. The only thing that will stop its “devastating impact on abortion access” is SCOTUS intervention. [MSNBC]

* Two more women just joined the ranks of the highest tier of Biglaw firm leadership. Congrats to Jami Wintz McKeon of Morgan Lewis and Therese Pritchard of Bryan Cave. [WSJ Law Blog]

* Gibson Dunn poached a prominent partner from U.K. firm Ashurst following his fall from grace as its leader last year. He’s thrilled to work for “one of the strongest U.S. firms around.” [Am Law Daily]

* The Thomas Jefferson School of Law may be “California’s worst-performing law school,” but it certainly performs well in terms of providing entertainment for those who are big fans of schadenfreude. [City Journal]

* Many schools pay their grads to count them as employed — but not UNC Law. Its career services office is aware that “jobs don’t grow on trees,” but hey, at least they’re trying to be transparent. [Daily Tar Heel]

Teresa and Joe Giudice

* Real Housewives of Cell Block D. Joe Giudice sentenced to 41 months. [Fox News]

* New practice area in Alabama: Fetus lawyer. There’s potential there, but is it viable? [Slate]

* The Supreme Court is going to hear a prison litigation case. Here’s why that’s important. [Constitutional Accountability Center]

* Apparently no one is able to hear this case. [The Times-Picayune]

* Police arrest guy who beat up the man who shot his 16-year-old cousin. Because nobody likes Batman. [DNA Info]

* The DJ behind Good Morning Vietnam was a lawyer? Interesting. Well, he’s not a lawyer any more. Disbarred! [Law Profession Blog]

* At what point is it off-limits to talk about sex appeal? Vivia Chen explores this issue after she got some hefty blowback for following President Obama’s lead and commenting on the beauty of California Attorney General Kamala Harris. [The Careerist]

* Eliot Spitzer’s madame is sentenced to 2 years for selling prescription pills. She was offering some quality stuff, like, 7 diamonds level stuff. [Daily Mail]

* Lawyer for celebrities exposed in the naked photo hacking scandal known as The Fappening is threatening to sue Google for $100 million. The Fappening? Really? That’s what we’re calling this? [dlisted]


Lisa Blatt and Tom Goldstein

In Washington, D.C., on Monday, October 27, at 6 p.m., we’ll be hosting an awesome Above the Law event: a look at the upcoming Term of the Supreme Court of the United States. The Court’s docket grew by 11 cases today (but no action yet on same-sex marriage).

I’ll 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.

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

At press time, the child whose future decisions will touch the lives of every American citizen for generations went inside to find a lighter.

– The Onion, describing how an 8-year-old future Supreme Court justice spent his day brutally dismembering a grasshopper. The Onion envisions the Court dominated by a psychopath “who will go on to be the court’s crucial swing vote under five consecutive administrations,” and who “laughed out loud and implored the helpless creature to jump.” That sounds about right.

Justice Antonin Scalia

* Justice Scalia spoke at CU-Boulder last night. For his sake, we certainly hope he didn’t speak about any issues that might someday appear before SCOTUS, lest he be asked to recuse. [Boulder Daily Camera via How Appealing]

* Another one bites the dust over at Main Justice: David O’Neil, the head of the criminal division, is stepping down in the wake of the BNP Paribas case, and will likely have many white-shoe law firm suitors. [DealBook / New York Times]

* Fox Rothschild picked up a 18-lawyer boutique firm in Texas, which will serve as the home of its first outpost in the Lone Star State. Energy law, surprisingly, wasn’t the driving factor. [Legal Intelligencer]

* “I have a heart and I have two kids.” That’s a pretty damn good reason for Biglaw attorneys to take a break from their corporate billable hours to represent undocumented children pro bono. [WSJ Law Blog]

* Scott Greenfield reviews Lat’s forthcoming novel, Supreme Ambitions (affiliate link). Of course, in SHG style, it contains a spoiler. Try to skip that clearly marked paragraph. [Simple Justice]

The latest output from the rage machine is that Justice Ginsburg has to recuse herself from hearing an expected appeal of the Texas abortion regulation that is essentially:

Look, we found a way to ban abortion without saying those words. We’re so f**king clever!

The law is in front of the Fifth Circuit now, but we all know this middle finger to Roe will make it to the Supreme Court eventually. Enter the right-wing punditry eager to drum up controversy in the hopes of removing a reliable liberal justice from the panel. At issue is a recent New Republic interview, where — in between discussing the relative merits of Jazzercise — Justice Ginsburg made the entirely indisputable observation that the law will shut down most abortion clinics in Texas. Oh no! She’s pre-judged the case!

Everyone cool their jets. Justice Ginsburg shouldn’t recuse herself for several reasons…

double red triangle arrows Continue reading “Stop Your Freakout — Justice Ginsburg Absolutely Shouldn’t Recuse Herself”

* The world’s largest Harry Potter memorabilia collection belongs to a lawyer. His patronus is a shimmering gavel. [The Telegraph]

* The FCC has ended the sports blackout rule. Expect the NFL to go bankrupt within days. [Politico]

* No one expects to see “lawyer” on a Top 20 Work-Life Balance list, but there is one legal job out there coming in at number 11. [Glassdoor via Adjunct Law Prof Blog]

* Want to expose the severe problems of the over-criminalization of everything? Everyone with a warrant turn themselves in on one day. Call it “Warrant Day.” See how the system copes logistically and financially when all those citations come home to roost all at once. [Street Roots]

* Russia’s equivalent of Chief Justice Roberts advocates a return to serfdom. Now there’s an originalist! [Business Insider]

* Bow Tie Law talks about the role of discovery software in the duty of lawyers to review documents. Because document review is “legal work” when it’s about paying people a livable wage and “computer work” when it isn’t. [The Everlaw Blog]

* Before we get wrapped up in the cases the Supreme Court will decide, let’s remember all the cases it won’t decide. Because “we can tell a lot about what the court cares about—and what it doesn’t” from its cert decisions. [Slate]

* Ha. After today’s story about the debt mistakes of Lisa S., here’s the cautionary tale of one “Elie M.” [Law and More]

* Elizabeth Garrett, USC Provost, will become the next president of Cornell. Garrett will also be a tenured faculty member at Cornell Law School and is bringing along her husband, Andrei Marmor, who will also join the law school. See, this is how you hire administrators: get someone willing to do double-duty with teaching! [Cornell Chronicle]

Every law talkin’ guy is weighing in on the Supreme Court’s decision to restrict early voting in Ohio. The decision broke down 5-4, along predictable party lines. The same five justices who gave corporations a blank check to buy elections, the same five justices who decided to declare racism over in the South, decided to stay the restriction on Ohio preventing the state from scaling back early voting from five weeks to four weeks. No opinion was given, but it’s likely that the conservative justices applied a narrow reading to voting rights protections under the Equal Protection clause and Section 2 of the Voting Rights Act, according to Professor Rick Hasen. Shocker.

I get it, politically. It’s obvious that Democrats feel like their electoral chances are enhanced by allowing everybody to vote as easily as possible. It’s also obvious that Republicans feel like their chances at the polls are better if fewer people vote and richer people have more influence. That’s politics. Census 2020, bring your pitchforks.

But Supreme Court justices are supposed to be above petty politics. And even though we know that they are not, what is the ideological advantage of being against voters? Their jobs are unassailable. They are unaccountable to the people. Why then make it harder for “the people” to elect who they want?

double red triangle arrows Continue reading “Why Do Conservative Justices Hate Voters?”

SCOTUS broke this Con Law nerd’s heart.

We should realize that this is an emperor that truly has no clothes. For too long, we have treated the Court [a]s if they are the high priests of the law, or at least as if they are the smartest and best lawyers in society.

Erwin Chemerinsky, preeminent constitutional law scholar and dean of the UC Irvine School of Law, writing in what Robert Barnes of the Washington Post refers to as the academic’s “break-up note” to the Supreme Court. In his new book, The Case Against the Supreme Court (affiliate link), Chemerinsky notes that “[t]he court has frequently failed, throughout American history, at its most important tasks, at its most important moments.”

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