Federal Government

The U.S. government seems to be losing ground quickly in the PR war surrounding the case against Megaupload, the massive file-sharing site, and the company’s leader, Kim Dotcom. Just over a week ago, we learned that Quinn Emmanuel had signed on as the company’s defense team; the firm hit the ground running with a brief calling B.S. on one of the government’s objections.

And on Friday evening, news broke that the FBI may have again screwed the Megaupload pooch. The potential procedural goof was apparently severe enough that a federal judge wondered aloud if it might have killed the case…

double red triangle arrows Continue reading “Megaupload Trial May Never Happen Because of Possible FBI Error”

* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]

* Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]

* Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]

* The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]

* “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]

* Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]

Just blaze... until July.

* Say sayonara to the Buffett Rule. Senate Republicans were successful in blocking the 30% tax on millionaires proposed by Democrats. And thank God, because that trickle down thing is totally working for us right now. [Wall Street Journal]

* Rich lawyers keep getting richer because they keep increasing their fees. That being said, where the hell are the bonuses? Come on now, SullCrom, are you seriously going to make us all wait until June? That’s really not very nice. [Thomson Reuters News & Insight]

* Well, that was quick: one minute men abound in the George Zimmerman circus. Mark O’Mara filed a motion to get Judge Recksiedler off the case, and the media filed a motion to get access to sealed records. [CNN]

* A federal judge presiding over the John Edwards campaign finance trial dismissed 47 potential jurors. Dude gets around, because apparently he had slept with all of them. Nah, he wishes, though. [Bloomberg]

* As a law school, it sure is easy to claim that just under 100% of the class of 2010 was employed nine months after graduation, especially when you were the one employing them. [National Law Journal]

* Seems like the New York Times has finally caught on to the ADA troll trend. Lawyers are recruiting clients to file suits against noncompliant businesses, but at least the disabled reap the rewards. [New York Times]

* Prospective welfare recipients in Georgia have a few more months to blaze before they’ll have to pass a drug test to receive benefits. Smoke two joints before you prepare for all the incoming lawsuits. [Washington Post]

Following the federal government’s raid in January 2012 on Megaupload, the company that owned and operated the notorious file-sharing site megaupload.com, the criminal case has already started making its way through the court system. The government froze the company’s assets, and the CEO is under house arrest, but Megaupload still managed to hire some high-powered, Biglaw representation. Good for them, right?

Well, maybe not. The government has objected to Quinn Emanuel entering the case to represent Megaupload. The government cites conflicts of interest.

What are the alleged conflicts? And what does Quinn have to say about the situation?

The firm just filed a saucy brief responding to the objection. Let’s just say that Quinn isn’t taking it lying down…

double red triangle arrows Continue reading “Quinn Emanuel Calls B.S. on Government Conflict-of-Interest Objection in Megaupload Case”

Judge Jerry Smith

Above the Law readers weren’t particularly fond of Judge Jerry E. Smith’s “homework assignment” for the U.S. Department of Justice. In a reader poll, about two-thirds of you expressed disapproval of the Fifth Circuit ordering the DOJ to submit a three-page letter discussing judicial review. (The order came in the wake of, and in apparent response to, unfortunate comments on the subject by President Obama.)

But let’s say that you’re among the one-third of readers who view Judge Smith as courageous for calling out a former Con Law professor for making misleading statements about judicial review (statements that, in fairness to the president, he subsequently clarified). Let’s say that you’d like nothing better than to clerk on the Fifth Circuit for Judge Smith.

Well, aspiring law clerks to Judge Smith, there’s something you should know….

double red triangle arrows Continue reading “Want to Clerk for the Judge Who Took on Obama?”

Remember the homework assignment issued by Judge Jerry Smith of the Fifth Circuit to the U.S. Department of Justice? Earlier this week, Judge Smith ordered the DOJ to file a three-page, single-spaced letter discussing the principles of judicial review, in light of prior comments by President Barack Obama that could be construed as questioning the doctrine.

The response was due today at noon (Houston time) — about 20 minutes ago. It was filed on behalf of the Department by Attorney General Eric Holder.

Let’s take a look, shall we?

double red triangle arrows Continue reading “Attorney General Eric Holder Responds to Judge Jerry Smith’s Homework Assignment”

'I'm so glad the Justice Department respects judicial review!'

The nation recently received a lesson in constitutional law from President Barack Obama (who famously taught Con Law at the University of Chicago). As we mentioned yesterday, President Obama said on Monday that striking down the Affordable Care Act, aka Obamacare, would constitute an “unprecedented, extraordinary step,” amounting to “judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law.”

The problem with this lesson: it wasn’t exactly accurate. Those “unelected” federal judges “overturn … duly constituted and passed law[s]” all the time — well, maybe not all the time, but on occasion, when said laws are inconsistent with the U.S. Constitution. It’s neither “unprecedented” nor “extraordinary,” and it doesn’t amount to judicial activism; rather, it’s called judicial review.

One prominent conservative jurist, Judge Jerry E. Smith of the Fifth Circuit, took it upon himself to set the record straight on this matter….

double red triangle arrows Continue reading “Benchslap of the Day: Fifth Circuit Orders DOJ To Write ‘We Respect Judicial Review’ in Three-Page Letter”

* If Obamacare gets struck down, do you think insurance companies will allow children to remain on their parents’ plans until age 26? My Magic 8-Ball says: “Outlook not so good.” [Wall Street Journal]

* There’s no crying in baseball bankruptcy sales! Which Biglaw firms hit a home run for playing a part in the sale of the LA Dodgers? Dewey & LeBoeuf, Foley & Lardner, and Sullivan & Cromwell. [Am Law Daily]

* “Just because you wear a hoodie does not make you a hoodlum.” But a hoodie will definitely prevent you from being recognized on the House floor. Just ask Congressman Bobby Rush. [New York Post]

* Things you can’t do on an airplane? Have a mid-flight nutty. Pilot Clayton Osbon has been criminally charged for his erratic form of in-flight entertainment, and he faces up to 20 years in prison if convicted. [Reuters]

* Guess who’s allegedly been infringing upon a high-end fashion house’s trademarks to the tune of $124M? Gucci was in court yesterday to accuse Guess of engaging in a massive “knock off” scheme. [Bloomberg]

Isn’t it funny that if you refuse to buy food, the government won’t force you to buy any — broccoli or otherwise? But when you show up at the hospital dying of starvation, the government will give you health care even if you haven’t paid for it.

Sorry, I know it’s foolish for me to inject 21st century policy concerns into Scalia’s 18th century hypothetical.

Obamacare supporters are still licking their wounds from getting smacked around by SCOTUS yesterday. I don’t know why anybody is surprised. You’ve got four staunchly conservative justices and one pretty conservative justice that gets called a “swing vote” because the Court has lurched so far to the right since he was appointed, and you’re going in front of them with a massive use of the interstate commerce power. You think they care that past precedents that they don’t agree with say they should uphold the law? You think they want to give Obama a victory any more than Republicans in Congress wanted to support the Republican approach to health care once Obama adopted it? This was always going to be an uphill battle with this Court.

That’s not Don Verrilli’s fault. People need to stop yelling at this man. No, he wasn’t as witty as Paul Clement. Do we really think that whether or not Anthony Kennedy wants us to have health care will turn on Verrilli’s ability to spit out a one-liner? If liberals want to blame somebody, it’s not Don Verrilli; blame the spineless way Congress and the President abandoned single-payer. That’s why we’re here folks. We sent Verrilli into a conservative lion’s den with a liberal piece of meat hanging around his neck, and now we’re criticizing the way he ran around, screaming for his life. That’s not right.

But anyway, that was yesterday and “reading the tea leaves” from oral arguments takes way more time than looking at the political agendas of each of the justices. Let’s move on to today’s arguments. The Court will consider whether the Affordable Care Act can survive if the Court strikes down the individual mandate part, and whether the expansion of Medicaid coverage amounts to government coercion….

double red triangle arrows Continue reading “Obamacare Goes to Court, Day Three: Republicans Come for Medicaid”

Today was the big day: the individual mandate provision of the Affordable Care Act was argued in front of the U.S. Supreme Court. It’s always fun when nine unelected people get to decide whether Congress and the president get to do what the American people elected them to do.

Don’t get me wrong, I’ve been listening to CSPAN 3 take calls from “real” Americans about the constitutionality of health care, and let me tell you: Americans are incredibly stupid. On both sides. Christ on Phonics, I don’t even know if some of these people are able to read. Nine unelected arbiters looking at this is at least as legitimate as millions of freaking idiots having a clap-off to figure out how to administer health coverage for millions of people.

Did I say nine people will decide this issue? That’s not entirely accurate, is it? Aren’t we really talking about one guy?

They’re replaying the audio from today’s arguments on CSPAN 3. Too bad there’s no video… I want to see the gifts of frankincense and myrrh that Solicitor General Don Verrilli and Paul Clement brought for Justice Anthony Kennedy.

But what’s really interesting today is to see whether all these ideologically conservative judges will actually take a conservative judicial approach and show deference to the legislature.

Not that I’m holding my breath….

double red triangle arrows Continue reading “Obamacare Goes to Court, Day Two: The Search for Anthony Kennedy’s Soul”

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