5th Circuit

Coming soon: Chadbourne & Parke!

* It seems that the good people at Chadbourne & Parke won’t wind up homeless after all — or maybe they will. The firm is taking over Dewey’s old digs at 1301 Avenue of the Americas. How ominous! [Reuters]

* The Fifth Circuit gave Texas a stay on a decision that blocked enforcement of the state’s third-party voter registration law. Well, on the bright side, at least the Lone Star state isn’t getting its ass completely kicked in the courts this election season. [Bloomberg]

* While Jerry Sandusky awaits his sentencing on 45 counts of child sexual abuse, his attorney Joe Amendola is contemplating grounds for an appeal. Seriously? It seems to be time for yet another 1-800-REALITY check, my friend. [Centre Daily Times]

* Remember the Texas family law judge who got caught beating his daughter in a viral video? An ethics panel issued him a “public warning” as punishment — he didn’t even get a reprimand. Sigh. [Houston Chronicle]

* The DOJ has asked for permission to intervene in a class-action suit against LSAC that alleges an epic fail on organization’s part when it comes to accommodating LSAT exam takers with disabilities. [WSJ Law Blog]

* Bucky Askew, a former adviser to the ABA Section of Legal Education and Admissions to the Bar, has moved on to bigger and better things. He’s now a trustee of the National Conference of Bar Examiners. [ABA Journal]

* Dewey still have some folks who owe us money? Yes we do. [WSJ Law Blog]

* Facebook will change its terms of service, specifically regarding the way it handles “sponsored stories” in order to settle a large lawsuit [Thomson Reuters News & Insight]

* A man opposing a Virginia attorney in a child custody hearing shot at the lawyer outside the courthouse. Luckily, he missed. [Gettysburg Times]

*The Fifth Circuit said yes, the law firm of Smith & Fuller is on the hook for $30,000 for accidentally releasing its client’s secret information. [ABA Journal]

* Recently released interviews with George Zimmerman tell his side of the death of Trayvon Martin. [New York Times]

*The Electronic Frontier Foundation is stepping in represent Matthew Inman, creator of The Oatmeal and the defendant in this mess. [Electronic Frontier Foundation]

Yep, you read that correctly. A vampire high priest, who just so happens to be an inmate serving a life sentence in Texas, has lost a civil rights case on appeal to the Fifth Circuit. Apparently prison officials weren’t allowing him to perform the ritualistic rites involved in the practice of his vampiric religion.

If this had happened on an episode of True Blood, you can bet your ass that this sh*t would not stand in Bon Temps….

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Not the alleged hot-dog hooker.

* While Dewey’s former culture gets roasted on a spit, and the seemingly unending drama gets turned into a montage of living lawyer jokes, we’re still waiting for the final punchline. [New York Times; Wall Street Journal]

* Don Verrilli tried so hard, and got so far (depending on who you ask), but in the end, it doesn’t even matter. When Linkin Park lyrics apply to your oral argument skills, you know you’re kind of screwed. [New York Times]

* The 9/11 arraignments went off without a hitch this weekend. And by that, we mean that it was a 13 hour hearing filled multiple interruptions, and grandstanding about “appropriate” courtroom fashion. [Fox News]

* In a “re-re-reversal,” Judge Jerry Smith, on a three-judge panel of the Fifth Circuit, reinstated Planned Parenthood’s injunction against Texas without even so much as a homework assignment. [Dallas Observer]

* The It Gets Worse Project: if you thought that the Law School Transparency debt figures were scary before, then take a look at them now. Six figures of debt just got a lot harder to swallow. [National Law Journal]

* Scalia gets busted on a case of hot-dog hooking. No, not that Scalia. A woman from Long Island has been accused, for the second time, of selling swallowing foot-longs in the back of her food truck. [New York Post]

Judge Jerry Smith

Above the Law readers weren’t particularly fond of Judge Jerry E. Smith’s “homework assignment” for the U.S. Department of Justice. In a reader poll, about two-thirds of you expressed disapproval of the Fifth Circuit ordering the DOJ to submit a three-page letter discussing judicial review. (The order came in the wake of, and in apparent response to, unfortunate comments on the subject by President Obama.)

But let’s say that you’re among the one-third of readers who view Judge Smith as courageous for calling out a former Con Law professor for making misleading statements about judicial review (statements that, in fairness to the president, he subsequently clarified). Let’s say that you’d like nothing better than to clerk on the Fifth Circuit for Judge Smith.

Well, aspiring law clerks to Judge Smith, there’s something you should know….

double red triangle arrows Continue reading “Want to Clerk for the Judge Who Took on Obama?”

Remember the homework assignment issued by Judge Jerry Smith of the Fifth Circuit to the U.S. Department of Justice? Earlier this week, Judge Smith ordered the DOJ to file a three-page, single-spaced letter discussing the principles of judicial review, in light of prior comments by President Barack Obama that could be construed as questioning the doctrine.

The response was due today at noon (Houston time) — about 20 minutes ago. It was filed on behalf of the Department by Attorney General Eric Holder.

Let’s take a look, shall we?

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* “I think that you know what the president said … was appropriate.” While the DOJ scrambles to meet Judge Smith’s memo deadline, Attorney General Eric Holder is busy defending Obama’s con law faux pas. [CNN]

* Six more partners have fled from Dewey & LeBoeuf, bringing the grand total of partner defections to at least 46 since January. Good Lord, somebody needs to get this firm a freakin’ tourniquet. [Wall Street Journal]

* Facebook filed a motion to dismiss Paul Ceglia’s ownership claims, but he isn’t going anywhere soon. Ceglia’s got two months to submit expert reports as to the authenticity of his fake contract. [Associated Press]

* Joe Jamail, “America’s richest practicing lawyer,” donated his $3M law library to TSU’s Thurgood Marshall School of Law. Now students can learn more so they don’t have to sue over being graded on a curve. [Fox]

* McDonald’s doesn’t have to worry about its G-rated Happy Meal toys in California anymore. It’s that XXX-rated lawsuit over a former employee’s “Filet-O-Fish” that the company’s really got to keep an eye on. [Reuters]

'I'm so glad the Justice Department respects judicial review!'

The nation recently received a lesson in constitutional law from President Barack Obama (who famously taught Con Law at the University of Chicago). As we mentioned yesterday, President Obama said on Monday that striking down the Affordable Care Act, aka Obamacare, would constitute an “unprecedented, extraordinary step,” amounting to “judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law.”

The problem with this lesson: it wasn’t exactly accurate. Those “unelected” federal judges “overturn … duly constituted and passed law[s]” all the time — well, maybe not all the time, but on occasion, when said laws are inconsistent with the U.S. Constitution. It’s neither “unprecedented” nor “extraordinary,” and it doesn’t amount to judicial activism; rather, it’s called judicial review.

One prominent conservative jurist, Judge Jerry E. Smith of the Fifth Circuit, took it upon himself to set the record straight on this matter….

double red triangle arrows Continue reading “Benchslap of the Day: Fifth Circuit Orders DOJ To Write ‘We Respect Judicial Review’ in Three-Page Letter”

Jenna Talackova

* AG Eric Holder can thank Obama for this homework assignment from Fifth Circuit Judge Jerry Smith, because it seems like our president forgot about Marbury v. Madison. More on this to come later today. [CBS News]

* Dewey need to buy this Biglaw firm a functional calculator? New information shows that the imploding firm was off by roughly $153M when partners reported 2011 earnings to the American Lawyer. [Am Law Daily]

* You know there’s got to be something questionable about a law school when the accreditation machine that is the ABA gives it the side eye. And no, Duncan Law, a judge still won’t force its hand. [National Law Journal]

* Stephen McDaniel pleaded not guilty at his arraignment for the murder of Mercer Law classmate Lauren Giddings, but will he be released on bail before trial? Only if he’s got $2.5M sitting around. [Macon Telegraph]

* More law school lawsuits are coming down the pipeline, but local lawyers in Massachusetts don’t think that they stand a chance. Why? The highly-educated consumer argument strikes again. [Boston Business Journal]

* Thanks to Gloria Allred, transgender beauty queen Jenna Talackova may be able to participate in the Miss Universe pageant if she can meet the legal requirements for being a woman in Canada. [MSNBC]

I called it, but it wasn’t a hard call to make.

Last year, the Fifth Circuit upheld the University of Texas’s affirmative action plan in Fisher v. University of Texas. But they did so in a petulant, childish manner, as if somebody was forcing them to eat their vegetables. At the time, I said they were openly begging for a right-wing Supreme Court to review and overturn their ruling.

It looks like the members of the Fifth Circuit are going to get their wish. The Supreme Court granted cert on Fisher, and now we get to have an affirmative action debate right in the middle of an election cycle where a black man is running for reelection.

I’m sure that last part is just coincidence though….

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