- 4th Circuit, ACLU, Akin Gump, Biglaw, Career Alternatives, Crowell & Moring, Dechert, Drugs, Elena Kagan, Greenberg Traurig, Health Care / Medicine, Kirkland & Ellis, Morning Docket, SCOTUS, Solo Practitioners, Supreme Court, Torture, Wall Street
- 10th Circuit, Cars, Clifford Chance, Dewey & LeBoeuf, Election 2012, Election Law, Elena Kagan, FCC, LLMs, Magic Circle, Mergers and Acquisitions, Morning Docket, Politics, Religion, SCOTUS, Student Loans, Supreme Court
* “It seems no one can use dirty words, except Steven Spielberg.” Well, sh*t, I’ll be damned. Is Elena Kagan going to be the voice of reason in the Supreme Court’s FCC profanity case? [Los Angeles Times]
* Ken Cuccinelli filed an emergency motion to get Virginia’s primary ballots printed. You can’t wait three days for Perry’s hearing? It’s on Friday the 13th. You know how that’s going to go. [Bloomberg]
- Clarence Thomas, Elena Kagan, Health Care / Medicine, John Roberts, Legal Ethics, Quote of the Day, SCOTUS, Supreme Court
I have complete confidence in the capability of my colleagues to determine when recusal is warranted. They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.
– Chief Justice John Roberts, defending the Supreme Court’s ethical standards in light of calls for Justices Clarence Thomas and Elena Kagan to recuse from the controversial health care case that will be argued before SCOTUS in March. The Chief Justice’s comments were made in his 2011 Year-End Report on the Federal Judiciary.
- California, Elena Kagan, Immigration, Money, Morning Docket, Partner Issues, Pornography, SCOTUS, Student Loans, Supreme Court, Wilson Sonsini
- Antonin Scalia, Clarence Thomas, Dahlia Lithwick, Election 2012, Elena Kagan, Federal Judges, Feeder Judges, Health Care / Medicine, John Roberts, Paul Clement, Politics, SCOTUS, Sonia Sotomayor, Supreme Court
The latest issue of New York magazine contains a very interesting profile of the U.S. Supreme Court’s newest member, Justice Elena Kagan, penned by Dahlia Lithwick. Here’s the bottom-line summary of the piece (via Ezra Klein):
“While Kagan is assuredly a liberal, and likely also a fan of the health-reform law, a close read of her tenure at the Supreme Court suggests that she is in fact the opposite of a progressive zealot. By the end of Kagan’s first term, conservatives like former Bush solicitor general Paul Clement (who will likely argue against the health-care law this coming spring) and Chief Justice John Roberts were giving Kagan high marks as a new justice precisely because she wasn’t a frothing ideologue. The pre-confirmation caricatures of her as a self-serving careerist and party hack are not borne out by her conduct at oral argument, her writing, and her interactions with her colleagues. In fact, if her first term and a half is any indication, she may well madden as many staunch liberals as conservatives in the coming years.”
That’s just the overview. Let’s delve into the details a bit more….
- Anthony Kennedy, Antonin Scalia, Barack Obama, Constitutional Law, Election 2012, Elena Kagan, Federal Judges, Joe Biden, Old People, Politics, Robert Bork, SCOTUS, Sonia Sotomayor, Supreme Court
Some lawyers can be so circumspect in speech and so careful in action that they’re just plain boring. Such caution might help you make it to the Supreme Court someday, but it’s not a recipe for a very fun life.
Thankfully, not all brilliant lawyers are afraid of speaking their minds. Take Robert Bork, the former U.S. Solicitor General and D.C. Circuit judge whose Supreme Court nomination famously went down in flames in 1987 — due in part to his loquaciousness during his confirmation hearings.
Judge Bork, now 84, is currently a fellow at the Hudson Institute think tank. He’s not as involved in public life as he once was, but he’s not completely out of the picture. For example, he’s serving as a legal adviser to Republican presidential contender Mitt Romney (a development that some on the left have criticized).
And Judge Bork continues to make controversial pronouncements, most recently in an interview with Newsweek….
- 11th Circuit, Antonin Scalia, Bar Exams, Barack Obama, Career Alternatives, Department of Justice, Drugs, Election 2012, Elena Kagan, Health Care / Medicine, Morning Docket, Old People, Politics, Ruth Bader Ginsburg, SCOTUS
* Did Malcolm Gladwell’s endorsement lead to an increase in Colorado Law applicants? Malcolm Gladwell, a man whose book Blink was described by Richard Posner as “written like a book intended for people who do not read books.” [Law Week Colorado]
* The Supremes ruled against Arizona taxpayers who claimed a tax credit for religious school donations was unconstitutional. Justice Kagan popped her dissent cherry on this one. [NPR]
* Connecticut looks to “add teeth” to a law that attempts to determine whether racial profiling exists in the state. Sorry, I don’t find anything funny about racism. Unless, of course, we’re talking about the basketball scene in Soul Man. [Hartford Courant]
* Google has bid $900 million on a whole bunch of patents. Meanwhile, the patent to Google Wave is being peddled for two dollars and a box of envelopes. [Financial Times]
President Barack Obama just finished delivering his State of the Union address for 2011. Alas, it wasn’t as exciting as last year, which featured a confrontation between the president and the Supreme Court. This time around, six justices attended — Chief Justice Roberts, joined by Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan — but they were on their best behavior. There was no POTUS v. SCOTUS showdown.
Here’s an open thread for discussion of the address. We’ll get the party started with a few legally-oriented highlights, after the jump.
- Anthony Kennedy, Antonin Scalia, Barack Obama, Clarence Thomas, Elena Kagan, John Roberts, Politics, Reader Polls, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Sonia Sotomayor, Stephen Breyer, Supreme Court
Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme Court for its Citizens United decision, with six members of the Court sitting a stone’s throw away from him, and Justice Samuel Alito responded by mouthing “not true” at the POTUS.
(Speaking of Citizens United, the decision celebrated its one-year anniversary last week, on January 21. And as Josh Blackman notes, the world has not come to an end, contrary to the dire predictions of distraught liberals. Of course, experts in this area — including some Obama-supporting liberals — told us that Citizens United wasn’t that big a deal.)
Let’s make some predictions, justice by justice….