Citizens United

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”

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….

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* Really, Prometheus was the kind of movie that allows you to think “putting in some lawyers couldn’t have hurt.” [Point of Law]

* Republicans are just better at naming laws than Democrats. I don’t know why that is, but it is. [Recess Appointment]

* Stand your ground laws increase homicides. Tomorrow, the gun lobby will tell us that we need to arm ourselves because of the epidemic of people standing their ground and killing innocent, unarmed Americans who weren’t able to buy a gun. [WSJ Law Blog]

* I almost feel bad for Anthony Kennedy. Every objective indicator proves that he was wrong about what the impact of Citizens United would be, and every month brings a new opportunity to shame Kennedy again. [Election Law Blog]

* Do you take the Metro North home every day? Like Pete Campbell, you might need an apartment in the city. [Dealbreaker]

* Defense rests in Roger Clemens trial. I guess the jurors will have to go back to counting sheep in order to get their rest in. [NPR]

* A judge who meditated would freak me out. Especially if the judge meditated about how you shouldn’t judge people. [Underdog]


Protesting Justice Scalia at Wesleyan.

Yesterday I wrote about Justice Antonin Scalia delivering the distinguished Hugo Black Lecture at Wesleyan University. In my write-up of Justice Scalia’s remarks, I alluded to campus protests held immediately prior to the speech. These protests, by a group calling itself the “Scalia Welcoming Committee,” were styled “Occupy Scalia” (a somewhat unfortunate moniker, in my view.)

I took some photographs and video footage of the protestors. Check these people out….

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Justice Scalia speaking last night at Wesleyan University.

Last night, Justice Antonin Scalia delivered the prestigious Hugo Black Lecture at Wesleyan University, speaking in the university’s Memorial Chapel before a packed house. Wesleyan is an uber-liberal school — the basis for the movie PCU, about a very Politically Correct University — and Justice Scalia’s visit was preceded by campus protests (dubbed “Occupy Scalia”). But I was pleasantly surprised by how respectful and appreciative the audience was of Justice Scalia’s deeply thoughtful and persuasive remarks; the protests during his speech were minor and clustered near the end.

I trekked up to Middletown from New York City to attend the lecture. What did Justice Scalia have to say? And what did the protests entail?

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* How would you describe the mainstream media’s recent reporting on Citizens United? Not true, not true — and Dan Abrams explains why. [Mediaite via The Corner / Ramesh Ponnuru]

* Whether the U.S. Constitution requires marriage equality can be debated as a matter of constitutional law. But as a policy matter, is this still an open question? Even Professor John Yoo, the bane of liberals’ existence, supports same-sex marriage as a policy matter. [Ricochet]

* I support marriage equality, but I do not support glitter bombing. It’s all fun and games until someone loses an eye (and files a lawsuit over it). [Althouse]

* If you adopt your 42-year-old girlfriend, does that turn your sexual relationship with her into incest? Professor Terry Turnipseed — yes, that’s his real name — is on the case. [Slate]

* Professor Mark Fenster writes an interesting post in defense of boredom (triggered by Adminlawgate at Yale Law School). [PrawfsBlawg]

* Speaking of boredom and frustration, let’s talk about… e-discovery! [Inside Counsel]

* What’s a hot practice area for 2012? [Going Concern]

* Speaking of hot practice areas, are you an intellectual property or technology lawyer? If so, this development might interest you. [MarketWatch]

C'mon, Your Honors, look lively!

Tonight, as everyone knows, President Barack Obama will deliver his State of the Union address. The speech starts at 9 p.m. (Eastern time). For real-time reactions over Twitter, follow @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky. For a post-speech wrap-up, check Above the Law, either late tonight or tomorrow morning.

For Supreme Court nerds, here’s the perennial question: How many members of SCOTUS will show up at the SOTU? Feel free to make your guesses, in the comments.

Here’s some historical perspective to inform your speculation….

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He grows strong off the tears of fired workers.

* There’s a new chief legal officer at Morgan Stanley: Eric Grossman, a former Davis Polk partner, replaces Frank Barron, a former Cravath partner (who joined Morgan Stanley not that long ago; if you know more about this odd situation, email us). [Bloomberg Businessweek]

* Will anybody be surprised if it turns out that Ron Paul likes to fire people too? [Politico]

* Et tu, Bill Kristol? [Weekly Standard]

* How will Citizens United affect the political process? We’re starting to find out. [WSJ Law Blog]

Chief Judge Alex Kozinski

* How often does a federal judge get a shout-out in the announcement of a pop music group’s tour? [The Music Network]

* Or how often does a federal judge go on tour with his own band? [Patently-O]

* Maybe the NLRB should stay the course on protecting employees’ rights to organize themselves using social media. [LexisNexis / Labor & Employment Law]

* Most people will just ignore the balanced budget amendment as proposed by Chuck Woolery (yes, that Chuck Woolery), but on the off chance that somebody actually says to you, “You know, Chuck Woolery has some really good ideas,” here’s somebody who took the time to smack the Chuckster down. [Recess Appointment]

Mountain Dew: a mouse could not survive in this environment, according to PepsiCo counsel.

* Pepsi lawyers offer a creative (if disturbing) defense to a lawsuit by a man who claims he found a mouse in his Mountain Dew. [Madison County Record via The Atlantic Wire]

* Will birther queen Orly Taitz get to depose — i.e., “rupture the jurisprudential hymen” — of President Barack Obama? That would be kind of awesome. [Columbus Ledger-Inquirer]

* Professor Ann Althouse raises an interesting “who decides?” question about Cleveland’s controversial ban on trans fats. [Althouse]

* Please, lawyers, stick to cocaine. Allegations of crystal meth usage are très déclassé. [NewsOK.com]

* Kudos to Kirkland & Ellis for coming to the defense of lesbian and gay public employees in Michigan. [Poliglot / Metro Weekly]

* It seems that the Montana Supreme Court isn’t a fan of the Citizens United decision. [Huffington Post]

* Jamin Soderstrom, a (rather cute) former S&C associate and current Fifth Circuit clerk, has written a book (affiliate link) analyzing the qualifications of presidential candidates and the relationship between résumés and presidential success. [Tex Parte Blog]

* If you’re a law professor / blogger who wants to get a rise out of fellow profs, write posts in praise of Paul Campos (just voted our 2011 Lawyer of the Year — congrats again, Professor Campos). [PrawfsBlawg]

Herman Cain: Do you miss him yet?

* It’d be easy to say “a former Tea Party candidate posted about assassinating the President.” But it’s probably more accurate to say a crazy, racist, loony person scrawled something naughty on Facebook and is now in trouble. [Huffington Post]

* I’d like to buy this, and then use it to TP Herman Cain’s house while screaming, “It’s less complicated than your sex life!” [Tax Prof Blog]

* I wonder if, a generation from now, people will look back on Citizens United like Plessy v. Ferguson. Like, there will still be a few holdouts saying, “money is speech now, money is speech forever,” but most of society will have moved on to a more enlightened state. [Congressman John Yarmuth]

In my lifetime, Kobe has been one of the most fun players to not like.

* Maybe all we need is a simple Constitutional amendment clarifying that “only people are people.” Corporations are not people. Animals are not people. Artificially intelligent robots who one day rise up to threaten humanity’s existence are not people. [Miller-McCune]

* Oh, Kobe. When you beat a rape rap yet still have to publicly admit you bang hoteliers in Vail, you should just get divorced right then and there. No number of diamond nor championship rings is going to put that back together. She’s still going to kill you in the divorce, and all you’ve bought yourself is a few extra years of living with a woman who openly hates you. [L.A. Now via ABA Journal]

* You think bloggers suffer from group think too much? I vote for 2012 being the year when the mainstream media stops stealing story ideas from the blogs (without credit), and does some actual original reporting again. You know, like they are supposed to with their huge staffs and massive budgets. [What About Clients?]

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