* The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times]
* Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times]
* Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal]
* If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report]
* “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel]
It's their world and we're all just playing in it.
* This is a great article on why the Supreme Court doesn’t leak, while more important institutions, like our national security apparatus, leak like a freaking sieve. [New Republic]
* Most law professors think the Affordable Care Act is constitutional. Most law professors think the Supreme Court will overturn the ACA anyway. ARE YOU NOT ENTERTAINED? [Bloomberg]
* And now for some SCOTUS thoughts from the amazingly amorphous Mitt Romney. Look at his works in equivocation, ye mighty, and despair. [Washington Post]
* You know, I don’t know how they afford this stuff, but having an inalienable right to “paid vacation” really feels like the kind of European invention we should be emulating. Good ideas can come from anywhere, folks. [Legal Blog Watch]
* Letting students sit for the bar exam after their second year but then making them come back to school for an even more obviously useless third year is a great way to make somebody have a total mental dissociative break. Just imagine calculating how much money you’re being forced to waste while you sit there in a 3L seminar called “Law and Ceramics.” [Faculty Lounge]
* Oh, I like this. The little Democrat in me can’t help but like this: a “global” financial transaction tax. Mmm… there’s nothing like the smell of global redistributive fairness. [Overlawyered]
* Jonathan Turley seems hurt that Ann Althouse and other conservative academics acted in a way that shows “we have lost the tradition of civil discourse in this country.” Yeah, umm, Professor Turley, perhaps you didn’t read the footnotes, but here on the internet we don’t have a tradition of civil discourse. We do have a tradition of ad hominem attacks, hyperbole, and pictures of cats. [Jonathan Turley]
* It’s not just media groups that are urging the Supreme Court to allow live coverage of the announcement of the ACA decision. Senators Patrick Leahy and Chuck Grassley of the Senate Judiciary Committee have joined the club. [Blog of Legal Times]
* Dewey know whether this failed firm’s former partners will be settling their claims any time soon? Team Togut hopes to reach a deal in the next six weeks, and claims that cooperation will absolve D&L’s deserters of all future liability. [Am Law Daily (sub. req.)]
* From Biglaw to the big house: former Sullivan & Cromwell partner John O’Brien, who is serving time for tax evasion charges, has been suspended from practicing law in New York. [Thomson Reuters News & Insight]
* A Stradling Yocca partner and his wife, a Boalt Hall graduate, stand accused of planting drugs on a school volunteer who supervised their son. Looks like the only thing they’re straddling now is jail time. [OC Register]
* Dharun Ravi was released early from jail yesterday after completing a little more than half of his 30-day sentence. Funny how bad behavior got him into the slammer, but good behavior got him out of it. [CNN]
* “Why would somebody so smart do something so stupid?” Kenneth Kratz, the sexting DA from Wisconsin, claims that the answer to that question is an addiction to sex and prescription drugs. [Herald Times Reporter]
* Jay-Z’s got 99 problems and this bitch is one. He’s been accused by Patrick White of plagiarizing parts of his own best-selling memoir, “Decoded,” and slapped with a copyright infringement suit. [New York Daily News]
Most of the journalistic/legal world is on fire with excitement for the decision in the Affordable Care Act case. The New Yorker has a critical article on the not-yet-but-really-soon-to-be-issued decision and what it means for the Court. Time Magazine has a cover picture of Justice Kennedy — “The Decider” — a close-up so close you can see the lines in his bifocals. New York Magazine wrote about how frustrating it is that Supreme Court clerks don’t leak info so there would finally, for the love of all things holy, be something to report from the Court about the health care reform case.
Folks who don’t have press passes are also keyed up. I heard a rumor from one of my neighbors that the decision would come down this week! A friend of a friend told me that the health care reform case was in the bag for the conservatives. It’s like the finals in American Idol, but no one gets to text in their vote.
For weeks, the world has speculated and waited for an opinion. Each decision day for the past month the speculation has intensified. Each decision day a decision in Obamacare has not come.
Bo respects Obama's rhetoric way more than the Supreme Court.
So, I have a dog and sometimes I say things like “do not nudge open the bathroom door and rip up all the toilet paper,” or “you are not allowed to take my socks and hide them under my bed.” When I say these things, she looks at me as if she understands or at least basically respects my authority. But when I leave the bathroom door slightly ajar or I put my socks on the floor, she goes right back to ripping up paper or hiding socks.
You see, she’s a dog. And she’s gonna do what she’s going to do.
In all important respects, the Supreme Court of the United States is indistinguishable from my dog. With lifetime appointments for the justices, the Court is going to do what it wants, when it wants to, and they don’t much care what the “executive” happens to think they should do.
If you don’t want the Court to rip up your toilet paper, don’t leave the door open. Because scolding them about what they should or should not do has little effect, as President Obama is about to find out….
Before the arguments commenced, we asked our readers for their opinions and predictions on the case: Will SCOTUS uphold the ACA? Should it? 1,100 of you weighed in.
After the jump, we’ll look at the results of our survey, and sample some representative reader comments. (Here is an example of a non-representative reader comment: “I hope the law is overturned. I am a Christian Scientist and have not been to the doctor in 40 years.”)
Isn’t it funny that if you refuse to buy food, the government won’t force you to buy any — broccoli or otherwise? But when you show up at the hospital dying of starvation, the government will give you health care even if you haven’t paid for it.
Sorry, I know it’s foolish for me to inject 21st century policy concerns into Scalia’s 18th century hypothetical.
Obamacare supporters are still licking their wounds from getting smacked around by SCOTUS yesterday. I don’t know why anybody is surprised. You’ve got four staunchly conservative justices and one pretty conservative justice that gets called a “swing vote” because the Court has lurched so far to the right since he was appointed, and you’re going in front of them with a massive use of the interstate commerce power. You think they care that past precedents that they don’t agree with say they should uphold the law? You think they want to give Obama a victory any more than Republicans in Congress wanted to support the Republican approach to health care once Obama adopted it? This was always going to be an uphill battle with this Court.
That’s not Don Verrilli’s fault. People need to stop yelling at this man. No, he wasn’t as witty as Paul Clement. Do we really think that whether or not Anthony Kennedy wants us to have health care will turn on Verrilli’s ability to spit out a one-liner? If liberals want to blame somebody, it’s not Don Verrilli; blame the spineless way Congress and the President abandoned single-payer. That’s why we’re here folks. We sent Verrilli into a conservative lion’s den with a liberal piece of meat hanging around his neck, and now we’re criticizing the way he ran around, screaming for his life. That’s not right.
But anyway, that was yesterday and “reading the tea leaves” from oral arguments takes way more time than looking at the political agendas of each of the justices. Let’s move on to today’s arguments. The Court will consider whether the Affordable Care Act can survive if the Court strikes down the individual mandate part, and whether the expansion of Medicaid coverage amounts to government coercion….
Today was the big day: the individual mandate provision of the Affordable Care Act was argued in front of the U.S. Supreme Court. It’s always fun when nine unelected people get to decide whether Congress and the president get to do what the American people elected them to do.
Don’t get me wrong, I’ve been listening to CSPAN 3 take calls from “real” Americans about the constitutionality of health care, and let me tell you: Americans are incredibly stupid. On both sides. Christ on Phonics, I don’t even know if some of these people are able to read. Nine unelected arbiters looking at this is at least as legitimate as millions of freaking idiots having a clap-off to figure out how to administer health coverage for millions of people.
Did I say nine people will decide this issue? That’s not entirely accurate, is it? Aren’t we really talking about one guy?
They’re replaying the audio from today’s arguments on CSPAN 3. Too bad there’s no video… I want to see the gifts of frankincense and myrrh that Solicitor General Don Verrilli and Paul Clement brought for Justice Anthony Kennedy.
But what’s really interesting today is to see whether all these ideologically conservative judges will actually take a conservative judicial approach and show deference to the legislature.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.