Arizona Immigration Law

* Steven Davis, D&L’s former chairman, really wants to make sure he’ll be able to use the firm’s insurance policy to defend himself, or else he’ll “suffer undue hardship.” Sorry, but after all the undue hardship you caused, nobody feels bad for you. [Am Law Daily]

* As it turns out, the Mitt “47 Percent” Romney recording may have been illegally taped, but Florida authorities aren’t investigating — a victim hasn’t come forward to complain. What, no “off the cuff” remarks this time, Mitt? [Washington Wire / Wall Street Journal]

* Even if you get disbarred, you can still go on to work for a Biglaw firm. In other news, apparently you can last about a month at Lewis Brisbois while using a stolen identity before you get fired. [Las Vegas Review-Journal]

* Arizona’s governor was really excited that the injunction against SB 1070’s “show me your papers” provision was lifted by Judge Susan Bolton. She won’t be as excited when all of the lawsuits start rolling in. [Bloomberg]

* It’s probably bad if your dean resigns before the school opens. J. Michael Johnson, the ex-dean of Louisiana College School of Law, left to take a “great job offer” (i.e., not a law school deanship). [Shreveport Times]

* Good news, ladies! A serial subway “grinder” in NYC avoided jail time after ejaculating on three women in separate incidents, and now city pols are trying to make it harder for perverts to get off. [New York Daily News]

Talk about a pole tax…

* Dewey know if Citibank is planning to sue other former D&L partners over their capital contribution loans? According to one court document filed by Luskin Stern & Eisler, the bank’s counsel, the fun has just gotten started. [Am Law Daily]

* Unlike the voter ID laws in Texas and South Carolina, the Department of Justice has approved New Hampshire’s law of the same ilk. Apparently hippies from the “Live Free or Die” state are incapable of discrimination against minorities. [CNN]

* Arizona, on the other hand, can discriminate against minorities all the live long day — for now. A federal judge ruled that the “show me your papers” provision of S.B. 1070, the state’s strict immigration law, may be enforced. [Bloomberg]

* The latest argument raised in the case over the Mongolian Tyrannosaurus Bataar skeleton is that the bones are actually a “Frankenstein model based on several creatures.” This movie is getting boring. [WSJ Law Blog]

* “[T]he state of New York doesn’t get to be a dance critic.” We’re sure that any man would gladly tell the New York Court of Appeals that lap dancing is a form of art, but should it enjoy a tax exemption? [Associated Press]

Thursday the Supreme Court will sit for its final session of October Term 2011. The Court will issue opinions in all the cases pending before it. For example, the Court will let the American people know whether they ever have a right to lie.

The Court will also rule on the case that, according to a sign I saw earlier, presents the question of whether we need to “Get The Feds Out of Medicare.” I’m not sure about the details of that case though, because it hasn’t gotten much press attention (I only read the Bicycle Times).

Today, however, the Court issued two opinions in argued cases. The fun in the courtroom was not in the opinions, but in the dissents….

double red triangle arrows Continue reading “While We’re Waiting For Obamacare, It’s All About The Dissents”


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]

This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.

In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….

double red triangle arrows Continue reading “What Happened at the Supreme Court Today?”

I lift my lamp beside the golden door. Except in Arizona, where I slam your head into the golden door till you beg for mercy.

If you either listened to or read a good recap of yesterday’s SCOTUS arguments about the Arizona immigration law, and saw a mainstream media report about it, you are probably pulling your hair out. What seems to me as the most likely and reasonable compromise to the issue is being treated like a victory for the state’s radical immigration approach.

It seems there was consensus on the Court to allow Arizona officials to check the immigration status of people they’ve already arrested as a matter of state enforcement of already established federal law. I can live with that.

But here’s what’s not happening: the Court doesn’t seem to be endorsing the aggressive “show me your papers” approach that would lead to somebody writing the diary of Anita Franco. And the Court isn’t even taking up the racial profiling question, leaving that argument open for future debate. That’s a big, huge “technicality” that means we likely haven’t seen the last of the Arizona immigration debate.

I guess “SCOTUS Stakes Out Reasonable Compromise While Dodging Racial Issue” doesn’t make for a good mainstream headline. Instead, we’ve got: “Arizona Beats Obama While Verrilli Gets Punched In The Crotch By A Latina.”

Which begs the question: Does Don Verrilli still want this job?

double red triangle arrows Continue reading “Immigration Arguments: A Compromise, A Technicality, And A Guy Who Probably Doesn’t Need This Junk Anymore”

Today, if you use the names Sonia Sotomayor, they would probably figure out I was a citizen.

– Justice Sonia Sotomayor, speaking during today’s oral arguments in Arizona v. United States, in which the Supreme Court will decide whether to uphold Arizona’s controversial immigration law.

(Justices on both sides of the political spectrum appeared unsympathetic to Solicitor General Donald Verrilli. More harsh words that the justices had for him, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Still, It’s Not Like You Are Justin Bieber”

* Arizona’s immigration law is heading to the Supreme Court today. Meanwhile, former Senator Dennis DeConcini lobbed the worst insult ever against his state. How embarrassing for you, Arizona. [New York Times]

* Will Wal-Mart regret not disclosing its bribery investigation sooner? Not when the delay saved millions in criminal fines. What Wal-Mart will regret is being forced into disclosure by the NYT narcs. [Corporate Counsel]

* Delete all the oil from ocean, and then maybe we’ll care about this. A former BP employee was charged with obstruction of justice for deleting texts having to do with the Deepwater Horizon disaster. [Bloomberg]

* The Tennessee Board of Law Examiners has granted Duncan Law an extension on its bid for ABA accreditation. Woohoo, five more years of allowing students to “negligently enroll.” [Knoxville News Sentinel]

* “Once you cross the six-figure mark, you think, what’s a few thousand dollars more?” You’re doing it wrong: you’re supposed to be bragging about a six-figure salary, not a six-figure debt obligation. [Baltimore Sun]

* New Jersey residents don’t always have the great pleasure of nearly being killed by two high-speed Lamborghinis, but when they do, they prefer that police officers be suspended and sue over it. [ABC News]

It should not be surprising that the two dissents have sharply different views on how to read the statute. That is the sort of thing that can happen when statutory analysis is so untethered from the text.

– Chief Justice John Roberts, benchslapping the dissents by Justices Breyer and Sotomayor in Chamber of Commerce v. Whiting.

(The Court upheld, against a preemption challenge, an Arizona law that provides for suspending or revoking the licenses of businesses that violate state immigration law. Gavel bang: Josh Blackman.)

Matt Kluger

* Baker & McKenzie is being sued for $600 million. First they were the inspiration for Philadelphia. Then they gave me a cold offer. Now this? Horrific mistakes, all. [Sports Money / Forbes]

* Meanwhile, Bingham McCutchen is preemptively suing Frank McCourt for letting them screw him over so badly. [Los Angeles Times]

* The middleman in the Matthew Kluger brouhaha, Kenneth Robinson, has pleaded guilty to securities fraud charges. No word yet on whether he is a gay dad. [Bloomberg]

* The Ninth Circuit ruled that the most controversial parts of the Arizona immigration law will remain blocked. [Washington Post]

* A man was fired from his job as a part-time urine monitor because he was born a woman. He’s suing (with help from Gibson Dunn), but has already found new employment. As a package handler. [New York Times]

* Speaking of packages, this employment discrimination lawsuit filed against a Dallas law firm is struggling with penis ID. [ABA Journal]

* NFL owners and players have been ordered into mediation by a federal judge. Who gives a sh*t? It’s a great band, it’s a bad band. It’s like pizza, baby! [ESPN]

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