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?
* When it comes to the Affordable Care Act’s contraception coverage mandate, corporate personhood only goes so far. Religious freedoms apply to human beings, not their businesses, and the Third Circuit agrees. [New York Times]
* According to the Bureau of Labor Statistics, the legal sector added 2,800 jobs in July after major losses in the two months prior. We’re sure that the eleventy billion members of the class of 2013 will be very pleased. [Am Law Daily]
* Not a Nigerian scam: Biglaw firms in Washington, D.C. — like Covington & Burling, Greenberg Traurig, and Williams Mullen — are busy chasing business in Africa. [Capital Business / Washington Post]
* A New Jersey municipal judge faces ethics charges due to his “extra-judicial activities” with an exotic dancer. It seems she appeared before him in his courtroom and in his bed. [New Jersey Law Journal]
* Tawana Brawley, the woman who dragged a New York prosecutor into an elaborate rape hoax (complete with race-baiting), is finally making payments on a defamation verdict. [New York Post]
* “Either I’m a stupid lawyer, or I’m stupid for thinking the court will enforce the rights of guys.” Former Cravath attorney and men’s rights advocate Roy Den Hollander is at it again. [New York Daily News]
* Morehouse College will be the fifth undergraduate school in the nation to publish a law journal. This is basically a case study in what it means to begin law school gunning while in college. [Daily Report]
* Do you think Chief Justice Roberts is the Supreme Court’s “peacemaker”? To be fair, at least he does a better job of tempering all of his judicial rage than his colleagues. [Politico]
* According to Prof. John Eastman of Chapman Law, the SCOTUS decision striking down DOMA means Prop 8 is good law in California. Try and wrap your mind around that one. [OC Weekly]
* The Senate approved a bipartisan immigration reform plan with a 68-32 vote, and now it’s up to House representatives to take the bill and summarily wipe their asses with it. [Wall Street Journal (sub. req.)]
* The good folks at Hobby Lobby quilted for hours yesterday to celebrate the Tenth Circuit’s reversal of a lower court’s denial of an injunction blocking the ACA’s contraceptives mandate. [The Oklahoman]
* Texas A&M still hopes to acquire Texas Weslyan’s law school; they’re just waiting for the ABA to look over the paperwork. Welcome, Texas A&M Law, since the takeover will obviously be approved. [WTAW]
* Boston bombing suspect Dzhokhar Tsarnaev has been indicted on 30 counts of violence and weapons-related charges. Right now, he’s looking at a possibility of life in prison or the death penalty. [CNN]
* 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….
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