Supreme Court

Looks like the joke is on us.

* With a recommendation for dismissal filed, Dominique Strauss-Kahn hopes to bid adieu to his rape charges and say au revoir to our country. [CNN]

* Apparently your law school can still be on the Best Value honor roll even if its bar passage rates suck abysmally. What up CUNY Law. [National Jurist]

* It’ll be awesome if Clarence Thomas speaks during the inevitable Supreme Court oral arguments on Obamacare. Ginni needs to start smacking him around so this happens. [New Yorker]

* Will Booz Allen get hit with a trifecta of gender discrimination lawsuits this summer? Yesterday marked the second one in filed in the past three weeks. [Blog of Legal Times]

* Not sure why trial lawyers are all up in arms about Rick Perry. Is the star of How to Secede from the U.S. Without Really Trying actually going to be a real contender in Election 2012? [POLITICO]

* Living in a complex full of Type A bar examinees (and repeat failures) for five years sounds like a fate worse than death. I’d rather be condemned to the Gulag. [Los Angeles Times]

* Howrey’s pre-Labor Day, everything must go, furniture sale. Don’t miss it. [Am Law Daily]

* CBS settles the case with two women suing Dr. Phil for unleashing a naked dinner guest on them for his show. I’m not sure if this is a case of two really uptight women or one really ugly dude, but I do know that alcohol would have solved this problem better than any counseling Dr. Phil could have provided. [Lowering the Bar]

* This is a touching little profile on life on the inside for Hacksaw McDaniel. [Macon Telegraph]

Obamacare!

* Obama is confident Supreme Court will uphold Obamacare? Did a justice die while I was away and nobody told me? [WSJ Law Blog]

* Do you think any of these new law firm models can use a thousand highly paid yet unskilled associates straight out of law school for a limited time until they go on to do actually interesting things with their lives? Oh, no reason, I was just asking. [Legal Blog Watch]

* This list of organizations who heavily contributed to members of the Deficit Super Committee includes Skadden. Actually, it looks like many lawyers are heavily invested with these politicians. [Maplight]

Aw crap, there go my approval ratings.

The Eleventh Circuit has declared that Obamacare’s individual health care mandate is unconstitutional. Today’s decision will be lauded as a victory for the 26 states, led by Florida, that challenged the law as unconstitutional.

In a 2-1 decision (and the first in which a judge appointed by a Democrat has voted to strike down the mandate), the Eleventh Circuit stated that Congress does not have the power to require all Americans to buy health insurance. The court also ruled, however, that the rest of the law could remain in effect.

The Eleventh Circuit decision comes in the wake of the Sixth Circuit upholding the individual mandate as constitutional (a ruling joined by Judge Jeffrey Sutton, a George W. Bush appointee). The Sixth Circuit case has already been appealed to the Supreme Court. We have a feeling that this case will also be appealed to the Supreme Court, setting quite the stage for a ruling within the next year or so.

Click here to read the Eleventh Circuit’s opinion, and read on for some more interesting facts about the case….

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Toréador, en garde ! Toréador ! Toréador ! Et songe bien, oui, songe en combattant Qu'un œil noir te regarde.

My fellow Americans, I have some terrible news to tell you. I’ve just been made aware of a terrible secret. Apparently all the fears you’ve heard from the far right about the desire of certain liberal justices to impose foreign law on the Unites States of America were justified. I know, I know — I’m as shocked as you are.

I don’t know how else to make sense of what is going to happen tomorrow. The far, far right was right. They just got the kind of foreign law wrong. The Supreme Court doesn’t want to impose Sharia law on us; instead, they want to impose French law on us.

I know this because on Friday, July 22, Justice Stephen Breyer is going to go to that bastion of liberal elitism, Harvard Law School, and deliver an entire address in French. Sacré bleu!

Let’s look at the announcement….

UPDATE (5:30 PM): Please see the update added to the end of this post.

double red triangle arrows Continue reading “Voulez Vous Coucher Avec Stephen Breyer?”

On Monday we published an update on Supreme Court law clerk hiring. In the wake of that update, we received a veritable cornucopia of tips and news of new hires (for which we thank you).

The most welcome information came from the Supreme Court itself. The Court’s Public Information Office kindly provided us with the official list of law clerks for October Term 2011. This list does not include law school and prior clerkship information, which the PIO will release later this year, but it does allow us to verify all of the crowdsourced hiring information we have gathered on our own.

So let’s take a look at (1) the official list of SCOTUS clerks for OT 2011, courtesy of the Court itself; (2) our unofficial list of OT 2011 clerks, with law school and prior clerkship information; and (3) an updated list of October Term 2012 hires thus far (at least three justices are already done)….

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July has arrived. At law firms, partners leave early on Friday, so they can beat the traffic out to the Hamptons (or the Eastern Shore, or the Cape).

At the Hollister store across the street from the Above the Law offices, hot shirtless men stand outside, trying to lure shoppers into the darkened, heavily perfumed, previously bedbug-ridden space. At 7-11 stores, they are giving away 7.11-ounce Slurpees (because today is 7-11 — geddit?).

And at One First Street, home of the Supreme Court of the United States (aka “SCOTUS”), clerk classes are transitioning. July is when outgoing Supreme Court clerks leave the marble palace — do pass go, do collect a $250,000 signing bonus — and their replacements arrive. The arrivals and departures are staggered over the entire month, so the departing clerks can train the newest members of the Elect.

July is a good time for an update on Supreme Court law clerk hiring. Let’s have a look….

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Justice Ruth Bader Ginsburg, writing for the four moderates on the court, dissented from Justice Scalia’s broader analysis and sought a much narrower holding.

– the New York Times editorial board, in an editorial about Wal-Mart v. Dukes entitled Wal-Mart Wins, Workers Lose.

We just learned, via the SCOTUSblog liveblog of today’s proceedings at the Supreme Court, that Wal-Mart v. Dukes has been decided. Here is some background about the case, one of the most closely watched of this Term, and here is the opinion of the Court.

Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. SCOTUS reversed the Ninth Circuit and held that class action certification should not have been granted in this case, brought on behalf of hundreds of thousands of female Wal-Mart employees who alleged a pattern and practice of pay and promotion discrimination by the giant retailer.

Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer, Sotomayor, and Kagan. What did RBG have to say?

double red triangle arrows Continue reading “Supreme Court Rejects Nationwide Class Action Against Wal-Mart”

I think that it’s probably wrong, in almost all situations, to use a dictionary in the courtroom. Dictionary definitions are written with a lot of things in mind, but rigorously circumscribing the exact meanings and connotations of terms is not usually one of them.

Jesse Sheidlower, editor at large of the Oxford English Dictionary, quoted in an interesting New York Times piece by Adam Liptak about how Supreme Court justices are consulting and quoting dictionaries more frequently in their opinions.

Anna Nicole Smith (via Getty Images).

During her short lifetime, Anna Nicole Smith managed to sell sex, jeans, weight-loss pills and, with her reality show, a sense of superiority to millions of Americans who could take some solace in the fact that they were not that messed up. She was voluptuous, then she was just plain fat, then she was voluptuous again and, all the while, she slurred her words and giggled through a series of unfortunate events that were all surely her own doing, right? She asked for all of this, right? The deaths and bankruptcies, rises and falls. She had it coming and when her life became entangled in a series of lawsuits, well… that was the natural outgrowth of a life lived so stupidly.

And then she died. Because, of course she did. And the lawsuits refuse to die. Because, of course they do. As noted last fall on this website, the Supreme Court took up one last (?) appeal in the case involving Anna Nicole Smith and sex and money. Except, the Court employs euphemisms like jurisdiction and congressional intent and non-Article III bankruptcy judges, because heaven forfend or something.

As her case flops and wheezes its way to the finish line, now is the perfect time for a look back at Anna Nicole’s life….

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