Election 2012

Can gay marriage be stopped? Professor Tribe thinks not.

* Professor Laurence Tribe on “the constitutional inevitability of same-sex marriage.” [SCOTUSblog]

* You can sleep when you’re dead — and you can prevail against the IRS in litigation, too (as the late Ken Lay just did). [TaxProf Blog]

* Speaking of the dead, just because someone is burglarizing your business doesn’t mean you can kill them. [Jonathan Turley via WSJ Law Blog]

* Professor Daniel Hamermesh asks: “Why not offer legal protections to the ugly, as we do with racial, ethnic and religious minorities, women and handicapped individuals?” [New York Times via ABA Journal]

* Meanwhile, Michele Bachmann wonders if the recent earthquake and hurricane constitute messages from God. [Dealbreaker]

Michele Bachmann

* Professor Larry Ribstein: “Law is waiting for its Steve Jobs (or Bill Gates). When he or she arrives it could be a lot more important than the iPhone.” [Truth on the Market]

* This juror should at least have put the defendant on “Limited Profile.” [Fort Worth Star-Telegram]

* Is the Stolen Valor Act unconstitutional? Let’s talk Turkey. [The Atlantic]

* Additional discussion of the recent New Jersey Supreme Court ruling on eyewitness testimony (which we mentioned last week). [Mother Jones]

Neal Katyal

* “Dominique Strauss-Kahn Gets Off, As Did Everyone Else Who Stayed In His Room At The Sofitel.” Or: what you don’t want to know about your high-end hotel room. [Dealbreaker]

* F**k yeah — trademark law! Or: some reflections on the “immoral or scandalous” bar to trademark registration, by fashion lawyer Chuck Colman. [Law of Fashion]

* The New Jersey Supreme Court just issued a major new decision calling for changes in the way that courts handle eyewitness identifications — an issue that will also be going before SCOTUS in the coming Term. [The Innocence Project]

* Congratulations to Professor Neal Katyal, former acting U.S. solicitor general, who’s apparently headed to Hogan Lovells. [Am Law Daily]

* Professor Orin Kerr is not impressed by how Dean Linda Ammons has handled the controversy over Professor Larry Connell. [Volokh Conspiracy via Instapundit]

* They have lots of lawyers over at the IRS (former workplace of Michele Bachmann). Do you really expect them to be good at math? [Going Concern]

* Does signing a bill into law with an autopen present constitutional problems? Professor Terry Turnipseed explains how it might. [Slate]

* Republican presidential candidate Herman Cain thinks that President Obama’s decision not to defend DOMA constitutes an “impeachable defense.” [Poliglot / Metro Weekly]

Looks like the joke is on us.

* With a recommendation for dismissal filed, Dominique Strauss-Kahn hopes to bid adieu to his rape charges and say au revoir to our country. [CNN]

* Apparently your law school can still be on the Best Value honor roll even if its bar passage rates suck abysmally. What up CUNY Law. [National Jurist]

* It’ll be awesome if Clarence Thomas speaks during the inevitable Supreme Court oral arguments on Obamacare. Ginni needs to start smacking him around so this happens. [New Yorker]

* Will Booz Allen get hit with a trifecta of gender discrimination lawsuits this summer? Yesterday marked the second one in filed in the past three weeks. [Blog of Legal Times]

* Not sure why trial lawyers are all up in arms about Rick Perry. Is the star of How to Secede from the U.S. Without Really Trying actually going to be a real contender in Election 2012? [POLITICO]

* Living in a complex full of Type A bar examinees (and repeat failures) for five years sounds like a fate worse than death. I’d rather be condemned to the Gulag. [Los Angeles Times]


We all know Michele Bachmann as the Tea Party darling running for the Republican presidential nomination. Before that, Bachmann the Congresswoman became famous for making some of the most truly ignorant statements in modern American politics.

But few people know that before Bachmann became a crazy-eyed, anti-tax standard bearer, Bachmann was a lawyer. A tax lawyer. Working for the IRS. That’s right, as a lawyer Bachmann helped the government collect taxes.

But I wouldn’t call her a hypocrite. It seems she wasn’t all that good at collecting taxes….

double red triangle arrows Continue reading “As A Lawyer, Bachmann Worked For The Tax Collectors”

Aw crap, there go my approval ratings.

The Eleventh Circuit has declared that Obamacare’s individual health care mandate is unconstitutional. Today’s decision will be lauded as a victory for the 26 states, led by Florida, that challenged the law as unconstitutional.

In a 2-1 decision (and the first in which a judge appointed by a Democrat has voted to strike down the mandate), the Eleventh Circuit stated that Congress does not have the power to require all Americans to buy health insurance. The court also ruled, however, that the rest of the law could remain in effect.

The Eleventh Circuit decision comes in the wake of the Sixth Circuit upholding the individual mandate as constitutional (a ruling joined by Judge Jeffrey Sutton, a George W. Bush appointee). The Sixth Circuit case has already been appealed to the Supreme Court. We have a feeling that this case will also be appealed to the Supreme Court, setting quite the stage for a ruling within the next year or so.

Click here to read the Eleventh Circuit’s opinion, and read on for some more interesting facts about the case….

double red triangle arrows Continue reading “Breaking: Eleventh Circuit Rules Obamacare’s ‘Individual Mandate’ Is Unconstitutional”

Is this guy loving Citizens United or what?

* Is a Ropes & Gray attorney behind a shell company that gave $1 million to the Romney campaign? [The Docket / Massachusetts Lawyers Weekly]

* Working on the matter pro bono, Skadden wants greater cooperation from the NYPD in the case of a missing eight-year-old boy. [WSJ Law Blog]

* Breaking down the Alex Rodriguez poker scandal. [Legal Blitz]

* Can’t the ABA and NALP just get along? [Law School Transparency]

* How is that we have more lawyers than we can shake a stick at, but not nearly enough judges? Ian Millhiser looks at the numbers. [Think Progress]

Know who this guy is? Click on the picture to find out.

* Can’t all the people in same-sex marriages facing deportation just move to New York? [Stop the Deportations]

* Who is “the most important American you’ve never heard of”? Read a well-reviewed new book, Michael Toth’s Founding Federalist (affiliate link), to find out. [Ricochet]

* Great job Tea Party, no really. You guys sure you won’t want any social spending when you are living in the wonderful economy you’ve wrought for us? [Huffington Post]

* Don’t forget to sign up for our chess set giveaway. Or join us on Linked In. [Above the Law]

As Republicans continue to play chicken with the nation’s solvency, the idea that the president doesn’t need congressional approval to raise the debt ceiling is gaining traction. The thought bubble suggests that President Obama can raise the debt ceiling because of language in the Fourteenth Amendment stating that the nation’s debt “shall not be questioned.”

The idea has been trumpeted by none other than former president Bill Clinton. Clinton said that he would unilaterally raise the debt ceiling and “force the courts to stop me.”

Of course, President Clinton had what the scientists call “balls.” He knew how to handle a group of intractable Republicans more concerned with scoring political points than governing.

President Obama? The New York Times has his response: “I have talked to my lawyers. They are not persuaded that that is a winning argument.”

Can Aaron Sorkin please write a “Let Obama Be Obama” episode? Because sometimes Barack Obama really likes to dangle his feet in the water of whatever the hell it is he dangles his feet in, when he wants to make it look like he’s trying without pissing too many people off.

In any event, is invoking Section 4 of the Fourteenth Amendment a “winning” argument that could solve this debt crisis?

double red triangle arrows Continue reading “To Be Young, An Executive, And Above the Law: Thoughts on the Debt Ceiling Impasse”

I think he’s done a terrible job with Organizing for America and for his base, and with the recognition of the people who worked for him. I frankly think the staff, the reelection staff, are incompetent fools.

Willard Taylor, former partner (and current of counsel) at Sullivan & Cromwell, commenting to Politico on the reelection effort of President Barack Obama. Taylor served as a fundraiser for Obama’s 2008 presidential campaign.

(Gavel bang: David Ingram.)

If you want to run for president in this country, you best have quality legal counsel.

It doesn’t matter which party you are from. It doesn’t matter what your political platform is. It doesn’t matter if you believe Obamacare is exactly like your own health care plan or if you think marriage is a sacred vow shared by a man, a woman, and millions of viewers on The Bachelor. It turns out you still need competent legal counsel.

Biglaw legal counsel, as it happens. Check out the law firms that are advising the 2012 presidential candidates…

double red triangle arrows Continue reading “Candidates For President And The Law Firms That Love Them”

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