Adam Liptak

The Supreme Court of the United States (photo by Drew Havens).

Yesterday, the New York Times ran an article by Adam Liptak on the increasingly suspect “facts” that the Supreme Court cites in some of its opinions. Whether penned by the justices themselves or the little twits who actually do the heavy lifting on the opinion-writing, opinions from the Court have become a veritable wasteland of dubious figures, outlandish claims, and hardcore pornography. Or, rather, just the first two.

Sex-crazed Stephen Breyer, for instance, is said to have relied on a discontinued blog for a statistic related to public libraries. The blog, wackyliberryfacts.blogspot.com, has two posts since 2008 and both have to do with Michael Hutchence’s death. A good read, if maybe a bit too reliant on incorrect lyrics from Suicide Blonde.

On the right side of the Court (and history…?), coozehound Samuel Alito is said to have cited an unreliable fact about background checks done by employers in a 2011 opinion. The fact? That 47 percent of Americans can’t come up with Joe Biden’s name when asked who our Vice President is. Which, as far as I can tell, is a totally true fact! But its connection to background checks is tenuous, if not downright nonexistent.

Given the fact that our nation’s entire legal edifice threatens to crumble under the weight of a thousand erroneous internet “facts,” we’ve decided to help the Court out. Here are five ways the court can get around the shoddy fact-checking in judicial opinions.

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Biglaw = big a-hole?

[T]he experience [of working at Cahill Gordon & Reindel] tested my ethical compass, and it coarsened my behavior. I was sometimes a jerk in dealing with my adversaries. I was sloppy in accounting for my time. I managed to care deeply about whether associates at the firm across the street were making a few dollars more. I did almost no pro bono work.

Don’t get me wrong. You get excellent training at big law firms. Many of the lawyers there do good and honorable work. But the big firms are built on a set of ethical tensions.

Adam Liptak, the Supreme Court correspondent of the New York Times, offering commentary on his time spent in Biglaw in an article written for the Harvard Crimson. Liptak worked at Cahill from 1988 to 1992.

‘Congratulations. You’re still in the running towards becoming America’s next top law review.’

Replace the gorgeous, leggy models with bespectacled, Bluebook-wielding law students. Replace the photo shoots with cite checks. Replace Tyra Banks with a law librarian.

Voilà! You’ve replaced America’s Next Top Model with something far more fabulous: America’s Next Top Law Review.

And yes, there is a new top law review. Harvard Law Review, which has dominated the leading set of rankings for the past seven years, has been dethroned. To quote Dani from Cycle 6 of ANTM, “Shut yo mouth and say it ain’t true!”

Oh, but it is true. They’re all beautiful — or at least impeccably Bluebooked — but only one girl has what it takes. Who is the nation’s new #1 law journal?

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Justice Scalia

[Victories for same-sex marriage] will keep happening. And someday soon, Justice Scalia will have the chance to deliver the most vitriolic ‘I told you so’ in recent Supreme Court memory.

Jesse Wegman, a member of the New York Times Editorial Board, discussing how prescient Justice Antonin Scalia has been on the issue of marriage equality.

(Additional notable quotes and links, after the jump.)

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Somewhere between the next two and six years, the court will be ready to do it, assuming the composition of the court does not change.

– Professor Michael J. Klarman of Harvard Law School, author of From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage (affiliate link), commenting to the New York Times about when the U.S. Supreme Court might vindicate marriage equality nationwide.

(An amusing quip from another law professor, after the jump.)

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Would you want The New England Journal of Medicine to be edited by medical students?

Richard A. Wise, a psychologist and lawyer who teaches at the University of North Dakota, quoted in the latest indictment of legal scholarship, a New York Times article by Adam Liptak.

Sit up and take notice, Your Honor.

Justice Ginsburg overstated her case. If judicial activism is defined as the tendency to strike down laws, the court led by Chief Justice John G. Roberts Jr. is less activist than any court in the last 60 years.

Adam Liptak, the Supreme Court correspondent of the New York Times, summarizing recent research into judicial behavior.

* Can you DIG it?! Well, SCOTUS can’t, at least when it comes to the Prop 8 case, but perhaps that’s what the conservative justices planned all along. You can probably expect a judicial punt on this one. [New York Times]

* The case for cameras at the high court became even more compelling last week, because people just now realized that having to “spend money to see a public institution do public business is offensive.” Damn straight. [National Law Journal]

* Justice Sandra Day O’Connor’s new book, Out of Order (affiliate link), didn’t exactly get a glowing review from the NYT’s Supreme Court correspondent, Adam Liptak. It’s a “gift shop bauble”? Ouch. [New York Times]

* Oh, Lanny Breuer, you tried to be all coy by saying you were interviewing elsewhere, but we knew you’d return to Covington. That “vice-chairman” title is a pretty sweet new perk, too. [Legal Times]

* DLA Piper’s bills may “know no limits,” but in-house counsel claim that while the firm’s emails were “flippant,” they won’t have an impact their already meticulous billing review. [New York Law Journal]

* The true love’s kiss of litigation: Bingham McCutchen’s Sleeping Beauty may have found her prince in Judge Vincent O’Neill Jr., because he ruled that the firm won’t be able to compel arbitration. [Recorder]

* It’s really not a good time to be a prosecutor in Texas. Two months after the murder of ADA Mark Hasse, DA Mike McLelland and his wife were gunned down in their home. RIP. [Dallas Morning News]

* Good news, everyone! The class of 2012 — the largest on record, according to the ABA — was only slightly more unemployed than its predecessors. Cherish the little things, people. [National Law Journal]

DaNae Couch

* “I’m a New Yorker, and I jaywalk with the best of them.” Don’t be fooled by the rocks job that she’s got — she’s still, she’s still Jenny Sonia from the block. The Supreme Court’s very own wise Latina, author of a new memoir (affiliate link), is proud of her city. [New York Times; 60 Minutes]

* If you’re looking for an M&A adviser, you’d be wise to seek out counsel from Skadden Arps. The firm swept three separate rankings lists based on the total value of its clients’ 2012 M&A transactions. [Am Law Daily]

* Only in the world of legal education could the dean of a law school that isn’t even numerically ranked by U.S. News have the highest salary of all law deans nationwide. (We’ll likely have more on this later.) [Boston Globe]

* Arizona schools will allow 3Ls to take the bar exam, but New York schools may soon do away with 3L year altogether. Of course, the ABA will find a way to muck it up, but still, hooray for progress! [National Law Journal]

* Remember “Made in Jersey,” the show about a stereotypical Jersey girl who made the jump to Biglaw? Yeah, neither does anyone else. Hopefully “Staten Island Law” won’t face the same fate. [New York Daily News]

* “Sexiness is all about being a woman of character.” Our congratulations go out to DaNae Couch, the Texas Tech law student who advanced to the Top 10 of the Miss America competition. You go girl! [Lubbock Online]

* Aaron Swartz — Reddit co-founder, friend of Larry Lessig, felony hacking defendant — RIP. [New York Times]

Wise Latina?

[F]ederal judges are not just politicians in robes, though that is part of what they are.

– Professor Lee Epstein, Professor William M. Landes, and Judge Richard Posner, writing about judges and politics in their forthcoming book, The Behavior of Federal Judges (affiliate link).

(Additional highlights from Adam Liptak’s article about their research, after the jump.)

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