Is Justice Scalia is unfit to serve on the basis of his religious beliefs? A debate.
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* You cannot make this stuff up. The curious case of Rachel Dolezal, the former leader of the NAACP Spokane, Washington branch who resigned in disgrace after her parents made the revelation that Dolezal was white, gets weirder. The Smoking Gun has unearthed a lawsuit Dolezal filed (then known as Rachel Moore) against Howard University for, inter alia, racial discrimination. Yup, Dolezal claimed she just couldn’t make it as a white women. [The Smoking Gun]
* Fresh off of the tragedy of Kalief Browder, the man who was held in Rikers for three years awaiting trial for stealing a backpack before the charges were dismissed, comes the case of Carlos Montero. Montero, arrested as a teenager, has been in Rikers for SEVEN YEARS waiting for his day in court. [New York Post]
* I mean, they’ve only worked together for 21 years and 10 months. Justice Antonin Scalia apologized from the bench yesterday after calling Justice Ginsburg Justice Goldberg. The apology seemed sincere, but Scalia played it cool with a quip about Justice Arthur Goldberg. [Supreme Court Brief]
* The Colorado Supreme Court ruled yesterday that an employer can fire an employee for medical marijuana use, legal under state law, since the use is still illegal under federal statutes. [Huffington Post]
* If your company finds themselves the victim of trade secret theft, is there an alternative to costly civil litigation? There just might be if you get the police involved. [Corporate Counsel]
* Hank Greenberg won his lawsuit against the government for illegally seizing insurance giant A.I.G. as part of a bailout. But the court awarded no damages, finding that shareholders weren’t harmed by the takeover. So, to translate this, the court basically said to Greenberg, “You were so bad at running your business that a cabal of bureaucrats acting illegally did better for shareholders than you.” That’s… gotta sting. [New York Times]
* Lost in the excitement of today’s Baker Botts decision was the Supreme Court declining to save North Carolina’s struck-down abortion law that would have required doctors to bend over backwards to dissuade women from getting an abortion. Over the dissent of Justice Scalia, the Court killed the law without giving it a chance. [Jezebel]
* If you’re going to Richmond, California, make sure you’ve left your Ultimate Nullifier at home. [Lowering the Bar]
* Something finally goes wrong for wealthy people moving into Brooklyn. SPOILER: it’s other wealthy people moving into Brooklyn. [Brownstoner]
* Justice Ginsburg tells the crowd at the annual ACS Convention that Natalie Portman held up the upcoming RBG biopic, On the Basis of Sex, demanding that the film have a female director. Men’s rights activists can take heart that a man will be directing the inevitable porn version. [The Week]
* Alan Dershowitz worries that the Zivotofsky decision gives the White House too much power over foreign policy as opposed to
some myopic former water commissioner awash in lobbyist money from AIPAC and apocalyptic-minded EvangelicalsCongress. [The Blaze]
* Do you hate patent trolls? Good. Consider supporting this feature comedy film trolling patent trolls. [Indiegogo]
* If you’re in D.C. Thursday morning, come hear our own David Lat discuss the future of the Roberts Court with some other people who are nowhere near as important. Like congresspeople and former federal judges and such. [Politico]
What a colorful commencement speech.
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Laugh it up, Scalia. Your joke wasn’t inappropriate at all.
* Loretta Lynch might actually get confirmed, you guys! Senate Republicans have agreed to a bipartisan deal on human trafficking legislation which should end the Lynch logjam. America in 2015, “human trafficking bad” now requires months of negotiation. [CNN]
* Our old friend Professor Michael Simkovic is back and defending the decision to go to law school based on part-time job numbers because, hey, that’s how the Bureau of Labor measures unemployment so it must be the same for judging employment for struggling J.D.s. Professor Bernie Burk gives a thorough, thoughtful, and respectful retort. [The Faculty Lounge]
* Meanwhile, failing to learn the lesson of America, students seeking law degrees skyrocket in the UK. Thomas Cooley considers Norfolk campus. [Legal Cheek]
* The property law of Downton Abbey. It teaches the most important lesson of property — historically it’s really, really good to be a wealthy white guy. [Vanderbilt Law Review]
* Digging into a less heralded subsidiary argument in the marriage equality cases: the “proceed with caution” rhetoric intended to push the issue to the backburner. [NYU Law Review]
* On that note, same-sex marriage kills babies!!! Well, no, not really. But that is the argument one former Scalia clerk is making for some reason. [Dorf on Law]
* Looks like Europe is going to hit Putin where it hurts… an antitrust courtroom. That’ll learn him! [New York Times]
* Here’s a very important lesson for all of the lawyers reading this: thinking about work while you’re on the way to work doesn’t mean that you’re actually working. This novel argument failed miserably for a Biglaw partner trying to get out of a huge insurance claim. [WSJ Law Blog]
* Justice Scalia isn’t very fond of the media’s coverage of SCOTUS: “They don’t like conservatives on the court, or anywhere else for that matter. They do a lousy job. You can’t expect them to do a good job.” Wow, tell us how you really feel. [Arkansas Online]
* “Enough! Enough! Call Loretta Lynch for a vote. Get her confirmed. Put her in place. Let her do her job.” After months of watching his pick for attorney general wait around thanks to political gridlock, President Obama has finally had it with this sh*t. [New York Times]
* Good news, associates! If you leave your law firm job for a Supreme Court clerkship, you’ll likely still be able to receive that gigantic SCOTUS hiring bonus — to the tune of $300,000 plus! — if you return to the firm you left when it’s over. [National Law Journal]
* “Hard questions have to be asked at law schools whose modest reputations and forgiving admission standards do not ensure their graduates gainful employment.” High LSAT scores are down, bar failure is up, and law schools still say it’s not their fault. [Bloomberg]
Justice Scalia and Justice Brennan square off… again.
* That new Justice Scalia play we’ve been talking about is a delightful piece of fiction. And by “fiction,” we mean it portrays Scalia as nuanced and complex as opposed to the right-wing rubber stamp he’s become. [Slate]
* A glossy firm website doesn’t quite match the reality of Google Street View. [Roll On Friday]
* Texas wants to make it illegal for you to tape a cop beating. That’s ridiculous enough, but that’s not the end of the sentence. Texas wants to make it illegal for you to tape a cop beating… you. [Lowering The Bar]
* Court rules that neighbor’s Wifi harmed the plaintiff. I suppose he could have mitigated any damage if he’d worn his tinfoil hat more often. [New Mexico Courts]
* A fascinating, still updating Twitter feed recounting 5 months in lockup. It’s part of a promotion for a new ebook Life Locked (affiliate link). It’s like Orange Is The New Black with a lot fewer lesbians. [Life Locked]
* Speaking of prisons, would feeding prisoners to lions really be much worse than the hellholes we currently keep them in? [Redline]
* The new Miss D.C. U.S.A. is an Oklahoma City University School of Law grad. It’s a J.D. Advantage position. [Washington Post]
* Conservatives have some issues with Loretta Lynch, but are they blowing one complaint wildly out of proportion? [WiseLawNY]
* Mitt Romney is going to fight Evander Holyfield. Man, Romney has been beaten by a black guy like that since 2012. Oooh, also, Floyd Mayweather just found his next opponent. [CNN]
* Alabama Supreme Court Chief Justice Roy Moore’s son was arrested and charged with drug possession yesterday and then blamed the media… somehow. I blame the moral vacuum created when they took down the Ten Commandments. [Al.com]
* The long-awaited Justice Scalia play is out. It’s like Tony and Tina’s Wedding with more gun control and abortion. [WTOP]
* Professor Baude has a cute theory how the Obama administration could ignore a negative verdict in King v. Burwell. [New York Times]
* Not everyone thinks Professor Baude’s hypothetical is a serious option. [Concurring Opinions]
* Israel has blocked polling in advance of the election to prevent bandwagon voting. Professor Somin evaluates the efficacy of the plan. It probably won’t affect the outcome, but if you thought Republicans threw a hissy-fit over the polls in 2008 and 2012, wait until a candidate they really care about loses. [The Volokh Conspiracy / Washington Post]
* A nice little maxim (get it?) for the trial lawyer looking to hone their craft. Of course, if you show them a glint of broken glass in the first act, it better be the murder weapon in the second act. [What About Clients?]
* Speaking of second acts, this profile of former Skadden partner Harriet Posner discusses life after Biglaw. [A Lawyer’s Life]
Who knew Justice Ginsburg was so hilarious?
The Notorious R.B.G. vowed to “stay away from the wine,” but she just couldn’t help herself.