From the Above the Law mailbag: “Is ATL ever going to call out Judge Posner for being so needlessly nasty to litigants?”
Ummm, no. I’m a big fan of Judge Richard Posner, who is brilliant and hilarious. (Yes, hilarious — if you doubt that, check out the awesome podcast that he and I did together, which you can download and listen to during your commute or at the gym.)
But in the interest of fairness, I will make this reader’s case. This correspondent cited the recent oral argument in Notre Dame v. Sebelius, which we alluded to yesterday, in which Judge Posner dispensed some benchslaps to Matthew Kairis, head of litigation in the Columbus office of Jones Day. The reader also mentioned the argument on remand in the Conrad Black case, alleging that Posner “was particularly nasty to Miguel Estrada, seemingly piqued that Estrada got him reversed by SCOTUS.”
Let’s focus on the Notre Dame v. Sebelius argument, since it just happened. How bad was it?
* Oh baby (or the lack thereof): the Supreme Court has decided to take on two of the cases asserting religious challenges to the Affordable Care Act’s contraception coverage mandate. [Blog of Legal Times]
* “[H]e has a Rolodex like a Ferris wheel.” Delaware’s Supreme Court Chief Justice is retiring from the bench to join Potter Anderson & Corroon, where that Rolodex will come in handy. [Wall Street Journal]
* Italian prosecutors think Amanda Knox should be convicted of murder (again) and given a 30-year sentence in a retrial she’s not even there for. This kind of sounds like it’d be a double-secret conviction. [CNN]
* With fall finals right around the corner, law students can take comfort in the fact that next week they’ll be soothed by therapy dogs — ones that’ll need therapy after dealing with law students. [WSJ Law Blog]
* If you’re considering applying to law school against all odds, you should determine when the right time to apply would be. Don’t listen to your parents, listen to your gut. [Law Admissions Lowdown / U.S. News]
* If you haven’t heard, the Beastie Boys are having a copyright fight with toymaker GoldieBlox over a parody of the song “Girls” that’s been used in a commercial. Fair use? Decide after the jump. [NBC News]
* “He’s stupid. I wouldn’t even count him as a Republican.” Many Republican women at the RNC wish that the men like Rep. Todd Akin would just shut up about abortion, rape, and contraception. [Reuters]
* Everything’s bigger in Texas, including the discrimination against minorities. A panel of judges on a D.C. federal court shot down the state’s redistricting plans for lack of compliance with the VRA. [Washington Post]
* A disgruntled Stanford Law graduate’s defamation and retaliation suit against the school was dismissed. Sorry, but it’s highly doubtful that a law professor blacklisted you from getting a job. [National Law Journal]
* “[T]here’s a surplus of attorneys and not enough jobs for it.” Lincoln Memorial’s president admits amid accreditation issues that perhaps it wasn’t the best time to open Duncan Law. [Knoxville News Sentinel]
* “I don’t know if this was worth it, but I did have a good time in Cancun.” Skipping deliberations to go on vacation is a great way to earn yourself a trip to jail, but this girl got lucky. [Proof & Hearsay / Journal Sentinel]
* Continental faces a lawsuit after baggage handlers allegedly removed a sex toy from a passenger’s luggage and taped it outside the bag for the world to see. At least it wasn’t the TSA. [Courthouse News Service]
* Bankruptcy blues: “No one is getting a free pass.” Howrey going to start clawing back all of that money from our former partners and their new firms? Dewey even want to get started with this failed firm’s D&L defectors? [Am Law Daily (sub. req.)]
* Way to show that you’ve got some Seoul: Ropes & Gray, Sheppard Mullin, and Clifford Chance were the first Biglaw firms to receive approval from the Korean Ministry of Justice to open the first foreign firm offices in South Korea. [Legal Week]
* This is supposed to represent an improvement? Pretty disappointing. The percentage of women holding state court judgeships increased by a whopping 0.7 percent over last year’s numbers. [National Law Journal]
* Throw your birth control pills in the air like confetti, because a judge tossed a lawsuit filed by seven states that tried to block the Affordable Care Act’s mandatory contraception coverage provision. [Lincoln Journal Star]
* “[S]omewhere along the way the guy forgot to tell the seller that he was working with the buyer.” Duane Morris was sued for negligence and breach of fiduciary duty for more than $192M. [Thomson Reuters News & Insight]
* Please don’t Google me, bitches. Brandon Hamilton, Louisville Law’s ex-assistant dean for admissions, resigned Monday after overpromising $2.4M in scholarship money to incoming law students. [Courier-Journal]
* A New Hampshire college is offering free tuition to students in their junior year if they combine their senior year with their first year at the Massachusetts School of Law. The catch? Mass Law is unaccredited. [NHPR]
Free speech is a complex area legally, but it’s important to recognize that there are distinctions between one’s ability to express an opinion versus one’s ability to use F.C.C.-regulated airwaves to do so, and also one’s ability to engage in speech versus one’s ability to engage in slander.
* Apparently the Roberts Court is unusual in that its elite members lacked opportunities to gain “the most critical judicial virtue: practical wisdom.” Yeah, right. Tell that one to the Wise Latina. [Washington Post]
Yesterday marked the first day of Women’s History Month. And as we noted for our readers, Rush Limbaugh began his celebrations a day early by calling Sandra Fluke, a Georgetown Law student who testified before a Congressional committee on the need for access to birth control, a “slut.”
In case you’re in need of a refresher, here’s what Limbaugh had to say of Fluke’s testimony: “What does it say about the college co-ed Sandra Fluke, who goes before a congressional committee and essentially says that she must be paid to have sex? What does that make her? It makes her a slut, right? It makes her a prostitute.”
Needless to say, people are outraged about Limbaugh’s comments. Because really, who wouldn’t be? Let’s take a look at what Fluke had to say in response….
What does it say about the college co-ed Susan Fluke [sic] who goes before a congressional committee and essentially says that she must be paid to have sex — what does that make her? It makes her a slut, right? It makes her a prostitute.
– Rush Limbaugh, criticizing Georgetown 3L Sandra Fluke, who went before a Congressional committee last week to lament the high cost of contraception.
People are getting pretty hot and bothered about Fluke’s testimony and Limbaugh’s comments. But before you pass judgment in the matter, watch an informative video appeal from some experts in women’s health….
* The Bearcat would be a patrol car that had the stuff that you want, and the thing that you need. It would have more than enough to make the 4th Amendment drop to its knees. It’d be the Queen of the night, oh yeah. [Simple Justice]
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