Who is drooling on the bench?
– Justice Antonin Scalia, rejecting the idea of term limits for Supreme Court justices, in remarks delivered yesterday in Montana.
(Additional highlights from Justice Scalia’s speech, after the jump.)
If they can get along and be friends, there’s no excuse for the rest of us.
– Award-winning composer Derrick Wang, who recently graduated from the University of Maryland School of Law, speaking about the lead characters — Justice Antonin Scalia and Justice Ruth Bader Ginsburg — in his latest score, an opera entitled “Scalia/Ginsburg.”
This is what you could call a slow news week. It’s kind of the exact opposite of the week that inspired me to start writing these missives. Back then, the Supreme Court was handing down rulings and the Zimmerman trial was getting off to a disastrous start for the defense. It all seems so long ago.
The latter days of the summer are always slow in law as partners and judges go on vacation and students await the return to school. The bar exam provides some light entertainment and OCI generally provides a gem or two, but otherwise it’s a slow period.
And that’s when people can get tripped up by satire masquerading as news.
Here’s a short round-up of a few key stories from the week including how satire fooled a lot of the ATL-verse and some high profile cases that had milestone moments…
If he’s having trouble judging homosexuals, well, then I’m his man. I have over a quarter century of professional experience.
– Justice Antonin Scalia, in comments supposedly made to reporters after offering to assist Pope Francis in his judgment of gays and lesbians. Scalia, referring to himself as “the master,” also noted that he “wasn’t great at judging homosexuals [in his] first year in the job, either.”
But, at the end of the day, the story that lorded over the legal week was Noam Scheiber’s piece in The New Republic about the decline of Biglaw. So let’s talk about why most lawyers drink themselves asleep in dark rooms and how attorneys are a lot like professional athletes.
Oh, and Justice Scalia called people Nazis, and the royal baby proved how awful punditry can be…
* The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy]
* Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker]
* “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today]
* Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer]
* Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN]
* Supreme Court justices employ more strident language in dissents. We didn’t really need a study to prove that justices get salty when they lose. We could just watch Scalia invoke Godwin’s Law. [Washington Post]
* Last year, Ryan Braun, proclaiming innocence, successfully appealed his suspension for steroid use. Right now Braun’s appeal seems a bit disingenuous. [Sports Illustrated]
* Bipolar man who pretended to be a lawyer sentenced to three years. How will he pay off his fake law school debt? [New York Post]
* U.S. District Judge Daniel Hovland has enjoined North Dakota’s new abortion law. Turns out it wasn’t viable. [USA Today]
* Rachel Jeantel, the controversial prosecution witness from the George Zimmerman trial, says the experience has inspired her to become a lawyer. That’s an unfortunate lesson to take from the trial. [Newsone]
A previous version of this story incorrectly stated that Scalia views the Constitution as a living document.
– A notable correction issued by the Huffington Post, after the publication incorrectly characterized the views of Justice Antonin Scalia, an originalist. Six months earlier, HuffPo quoted Justice Scalia as stating that the Constitution is “dead, dead, dead.”
* You’ve seen Justice Ruth Bader Ginsburg give Justice Antonin Scalia the finger in prose, but now you can hear what it would sound like in operatic form as composed by a recent law school graduate. [NPR]
* The Fourth Circuit upheld Obamacare’s employer mandate against Liberty University, calling it a constitutional tax, just like the individual mandate. Now’s a perfect time for a sip of Campari. [WSJ Law Blog]
* The Fried Frank toner bandit was sent to the slammer, but alas, it’s unlikely that the firm will be able to recover any of its losses. Too bad, it could use the cash after its 2012 performance. [Am Law Daily]
* Crisis? What crisis? The dean of UC Davis Law refuses to trim class size, but that doesn’t really matter — the application cycle is handling the situation quite nicely. [Sacramento Business Journal]
* Pennsylvania’s Attorney General Kathleen Kane won’t defend the state against a lawsuit seeking to overturn its ban on same-sex marriage. She’s choosing the people over politics. [New York Times]
* With his trial quickly drawing to a close, George Zimmerman is growing increasingly worried about his future. Let’s face it, even if he’s acquitted, living in hiding isn’t a very good look for him. [ABC News]
* Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]
* The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]
* Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]
* In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]
* On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]
* Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]
* Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]
* Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]
* Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]
* Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]