You’ll be popular. Just not, quite as popular, as, meeeee!
* Now that Republicans have some actual issues to concern themselves with, they’re going to… vote to repeal the Affordable Care Act again? My God, they’re dumb. [New York Times]
* Sonia Sotomayor has the highest name recognition on the Court. Kennedy is the most liked. Clarence Thomas has lower favorability among African-Americans than he does in the population as a whole. [Public Policy Polling]
* Aside from bitching, is the anything the AP can actually do about the DOJ subpoenas? [National Law Journal]
* The Obama administration is running a $51 Billion dollar profit off of student loans. Billion. With a ‘B.” As in “these students are my Bitch.” [Huffington Post]
* Liberals could learn a lot from the Federalist Society. [ABA Journal]
* This is an interesting “equal time” issue. Should a network run a reality series about a prosecutor’s office when that prosecutor is up for reelection? [Daily Business Review]
I suppose that’s a rhetorical question. When you live in a nation that’s been reduced to an army of mindless reality-TV-watching drones, it’s not exactly surprising that the average citizen is more inclined to trust a television judge than a jurist who’s been appointed to the highest court in the land.
We care more about the matching camouflage wedding couture Honey Boo Boo’s parents, Mama June and Sugar Bear, wore when they tied the knot this past weekend than the next round of controversial decisions that will be soon be handed down by the Supreme Court. We care more about the Kimye baby bump than the very existence of the Supreme Court, much less the names of the justices sitting on its esteemed bench.
No one who’s been paying any attention is taken aback by the fact that Americans care more about the people they see on television on a daily basis than names they once read in a textbook. That’s why the results of the latest Reader’s Digest Trust Poll as to this country’s judges are expected, and sad, and not at all surprising….
I don’t want to give a lot of burn to this story today, because sadly it is not news when a “Republican” Supreme Court justice takes a shot at the president of the United States. Conservative justices are just allowed to say crappy things about the president — this president — with everybody just accepting their partiality without calling for recusals. And depending on who gets to write what in Fisher, we’re going to have another opportunity to talk about Clarence Thomas’s ongoing jihad against black people in America who are not like him.
But we do have to at least mention Thomas’s latest slam at black people. As I’m sure you’ve heard by now, Justice Thomas suggested that Obama only got to be president because he was a black man who said things “approved” by the media and elites.
Funny, I’d think that talking about his long dong silver would be exactly the kind of thing elites expected to hear from a black man.
What’s really happening is that Thomas continues to think that people hate him because he’s a black conservative, when really people hate him because he’s a black a**hole…
* It’s springtime, and the nation’s highest court is getting ready to drop some of its biggest decisions yet. If Tolkien had written this, Justice Kennedy would be the one to bear the One Vote. [UPI]
* But for SCOTUS to maintain legitimacy in the eyes of the people, its justices must do battle against a “modern-day tsunami of special interests.” How well are they doing? [National Law Journal]
* To answer that question, let’s look at their record. Political labels aside, thus far, the Roberts court has shaped up to be “the most pro-business court since the mid-1930s.” [New York Times]
* Meanwhile, Justice Thomas has been busy taking shots at President Obama, noting that he always knew the first black president had to be pre-screened by “the elites” and “the media.” [Mother Jones]
* Sometimes even federal prosecutors are willing to take pity upon rich old white men: Mel Weiss, formerly of Milberg LLP, won’t be returning to jail after his foray into DUI territory. [Am Law Daily]
* “Chevron can afford to litigate this case ‘until hell freezes over.’ But [Steven] Donziger can’t.” As it turns out, clients who can’t pay their bills are problematic for John Keker of Keker & Van Nest. [Reuters]
The Supreme Court seems divided over same sex marriage. The liberal justices favor it, while the conservatives oppose any lifelong sacred union between two men — unless, of course, it’s Antonin Scalia and Clarence Thomas.
This is the problem with allowing only one black person into your little club, be it your country club, your journalistic publication, or your Supreme Court. When you have only one black voice, the brilliant diversity of thought and opinion within the black community can be reduced to Samuel L. Jackson playing Steven, over-laughing and telling you exactly what you want to hear.
Or it can be reduced to one dude on a revenge jihad.
Regardless, if you are only going to let one black person in, it kind of matters who you let in. And that’s why so many people who believe in the advancement of civil rights have such a visceral, negative reaction to Clarence Thomas. It’s not because Thomas isn’t “black enough.” It’s not because he’s a “sell out.” Those are stupid terms that don’t really apply to Thomas anyway.
The problem with Thomas is that despite being the lone black voice in the institution of government that is best positioned to protect minority rights against the vagaries of majority rule, Thomas’s approach to racial justice can best be summed up as, “I got mine, screw the next generation.” The man is so unable to overcome the racism visited upon him that he holds the perverse view that laws that help minorities magically hobble them. Yet he’ll allow majority rule to hobble black people as they see fit. He thinks that the law singles out people as different, as opposed to the somewhat self-evident truth that people define others as different, and then use those distinctions to discriminate. He was hurt by white people thinking that he only got somewhere “because of affirmative action,” but instead of just dealing with it, he now seeks to block the path for others to follow in his footsteps.
Thomas might not want to be a “minority leader,” but he is by simple fact of his important position. Don’t take my word for it, take Justice Scalia’s. Personally, I think that Scalia is more than capable of coming up with his racist BS on his own, but the man just blamed praised Thomas for “leading” his thoughts down a more asinine path.
But it shows why it matters so much who you let in when you only let in one. And it shows why Thomas has been such a colossal failure as a successor to Thurgood Marshall….
* “Yes, it is true.” Justice Scalia admitted in a speech this week that he was guided to the right by his colleague, Justice Thomas, who’s apparently “a very stubborn man.” [Wall Street Journal (sub. req.)]
* It’s about time to say so long to your ticking tax time bomb: in President Obama’s proposed budget for 2014, he eliminates taxes on forgiven loan debt under all IBR plans. [Bucks / New York Times]
* “I am the luckiest man in the world.” Larry Macon, an Akin Gump partner from Texas, had nearly finished the Boston Marathon when the bombs exploded, but lived to tell his tale. [Am Law Daily]
* Because sometimes you need to steal $374K worth of copy toner. This ex-Fried Frank staffer pleaded guilty to grand larceny, and is looking at up to 15 years in jail. [Thomson Reuters News & Insight]
* Judge Victor Marrero isn’t a fan of SEC policy, but when it comes to this civil insider trading case, SAC Capital may get to walk away without admitting or denying anything. [DealBook / New York Times]
* This Yale Law graduate is suing Brooks Brothers over a three-button suit, and wants $2K for the 90 minutes he spent arguing over it in the store. Who is the $1333/hour man? [New York Daily News]
* Some Supreme Court analysts are speculating that Justice Clarence Thomas could cast a vote to overturn the Defense of Marriage Act, but at this point, that’s just about as likely as him speaking during oral arguments. [Talking Points Memo]
* When a practice group laterals out of a firm en masse, you know things were probably going on behind the scenes for a while. Apparently Bingham’s securities enforcement crew was in very high demand by other Biglaw firms. [Am Law Daily]
* Hot on the heels of a merger ménage à trois, Dentons (fka SNR Denton) is already eyeing new growth possibilities across the globe. Guess they’re down with orgies now… [WSJ Law Blog (sub. req.)]
* “Clients don’t hire us because of our sex. They hire us because we win.” This, from Hillary Richard, one of the female name partners of a largely all-female firm. You go girl! [DealBook / New York Times]
* A Big Ten Commissioner filed a declaration claiming that the Big Ten will stop competitive collegiate athletics if Ed O’Bannon wins his lawsuit. This level of disingenuous blackmail is why we invented sanctions, people. [Sports Illustrated]
* On the heels of a federal judge allowing service through Facebook, a Texas lawmaker wants to make service of process over Facebook the rule rather than the exception. [IT-Lex]
* The next time you feel embarrassed by a U.S. politician, note that this Japanese city council member refuses to remove his wrestling mask. America doesn’t have anyone that clownish in office… she resigned the governorship in 2009. [Lowering the Bar]
* Everyone always talks about plain language contracts. Here’s how someone actually wrote “Terms and Conditions” that a user might actually read. [Associate's Mind]
* Once again, the Supreme Court comes down to the Breyer-Thomas coalition against the Scalia-Ginsburg coalition. [ABA Journal]
* “We are a teaching institution. We teach by not having television. We are judged by what we write.” Justices Kennedy and Breyer aren’t ready for their close-ups — they’re adamantly opposed to cameras in the courtroom. [Blog of Legal Times]
* Another thing Justices Kennedy and Breyer are adamantly opposed to is the sequester. They say that these unnecessary budget cuts will hit the criminal justice system where it hurts: its already overflowing docket. [WSJ Law Blog (sub. req.)]
* A liberal film critic took a shot at Justice Clarence Thomas by likening him to Samuel L. Jackson’s portrayal of the head house slave in Django Unchained. Methinks this is a RACEIST™ comparison, n’est–ce pas? [Reason Magazine]
* Reed Smith has a new managing partner, Edward Estrada, who plans to “aggressively recruit laterals.” No relation to Erik Estrada, but if he gets a pair of those cool sunglasses, we approve. [New York Law Journal]
* A better deal was reached in the BAR/BRI antitrust case. Say goodbye to the coupons, and hello to $9.5 million in cold hard cash… which means you’re going to get like $80 if you’re lucky. [National Law Journal]
* “This is a very disgusting case.” Why yes, yes it is. A mother is suing because she claims her son ate a used condom off the floor of a McDonald’s play area. It’s doubtful that she approved of the special sauce. [Reuters]
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