Federal Judiciary

* The federal judiciary is hiring for staff and public defender positions lost during the government’s sequestration throughout the better part of last year. Ready, aim, fire those résumés! [Legal Times]

* New York Biglaw firms always manage to find their way to the top of the Am Law 100 rankings. When all’s said and done, being so close to Wall Street definitely has its perks. [Bloomberg Businessweek]

* Absolutely no one should be alarmed about the fact that Kasowitz Benson’s profits per partner have dropped by 15 percent — well, no one but the equity partners, that is. Have fun with that. [Am Law Daily]

* The managing partner of Jacoby & Meyers is worried people will think his personal injury firm is going under, not Jacoby & Meyers Bankruptcy. Either way, those commercials won’t die. [New York Law Journal]

* A professor at George Mason University Law was pepper sprayed IN THE FAAAAAACE by an unknown assailant in his classroom yesterday afternoon. We’ll obvious have more on this story later. [ARLNow]

* La Verne is the first law school to offer flat-rate tuition. There will be no scholarships and no discounts. Students will pay $25K/year, nothing more, nothing less. This is, dare we say, wise. [National Law Journal]

* “Passion over pension.” Mekka Don, the Weil Gotshal corporate lit attorney turned rapper, just released his first CD, and it’s all about leaving Biglaw to follow his dreams. Go buy it here (affiliate link). [MTV]

Give this man a federal judgeship.’ That sounded as if I were desperate, which I was . . . .

– Judge Leslie Southwick, in response to a Washington Post headline during his confirmation struggle.

In The Nominee: A Political and Spiritual Journey, Judge Leslie H. Southwick chronicles the long path to his current seat on the United States Court of Appeals for the Fifth Circuit. Southwick is a former Mississippi Court of Appeals judge, former deputy assistant attorney general in the first Bush Administration, and Iraq war veteran. He was recommended by Mississippi senators for a Fifth Circuit vacancy in 1991 and 2004, for a district judgeship in 2004 and 2006, before his final nomination in 2007. He initially appeared to be an uncontroversial nominee. However, a fierce partisan battle in the Senate threatened his eventual success. The Nominee follows Southwick’s tortuous path, relying on the judge’s day-by-day personal notes.

Southwick’s account is fascinating on its face. He drops names on every page, and it’s exciting to trace the earlier steps of those who would become legal luminaries in later years. For those only generally familiar with the way that federal judges get made — a process resembling in unsettling ways how sausage gets made, Southwick notes — the book provides an education in both the official and the unofficial processes. The book will certainly satisfy in excruciating detail the curiosity of anyone who wonders exactly how stubbornly political the judicial confirmation process has become.

Notably, the book shows just how long the process can be. Before he clears the Senate Judiciary Committee vote, before his nomination even reaches the Senate floor, Southwick writes that the day “was a double anniversary of my seeking a position on the Fifth Circuit. In my diary, I wrote, ‘Tuesday, 10 July. Sixteen years today since this started,’ meaning that I learned on July 10, 1991, that Judge Charles Clark was retiring. In addition, the 1991 date was exactly sixteen years after I wrote my July 10, 1975, letter applying to clerk for Judge Clark.” Judges, whether made the right way or not, are not made overnight.

None of this is what makes the book most worth reading, though — and it certainly is worth reading . . . .

double red triangle arrows Continue reading “‘Give This Man A Federal Judgeship’: A Review Of ‘The Nominee’ By Leslie Southwick”

Fear not, Republicans!

The terror you experienced when Senator Harry Reid crafted his clumsily constructed nuclear solution to the logjam over judicial nominations can marginally subside. Brave Americans like Senator Marco *pauses… takes sip of water* Rubio have managed to single-handedly stand up for your right to not allow a qualified black, gay guy to preside over federal trials.

Huzzah! Just what the Framers never intended. Well, actually keeping blacks and gays off the bench is probably exactly what the Framers intended, but I mean they never intended a Senator to be unilaterally blocking judicial nominees. Enjoy one more arcane senatorial rule that has no basis in the Constitution, but nonetheless hamstrings our nation….

double red triangle arrows Continue reading “Marco Rubio Single-Handedly Blocks Nomination Of Black, Gay Federal Judge”

Reema Bajaj

* In his year-end report, Chief Justice Roberts politely asked Congress to make it rain on the federal judiciary in fiscal year 2014, because “[t]he future would be bleak” without additional funding. [Reuters]

* Utah finally asked for Supreme Court intervention in its quest to stop gay couples from marrying, but Justice Sotomayor wants a response from the other side before she weighs in. WWSSD? [BuzzFeed]

* Perhaps Justice Sotomayor saw the humor in this: she just gave a group of nuns a temporary reprieve from having to give out birth control to a bunch of women who have taken vows of chastity. [Bloomberg]

* Where in the world is Carmen Sandiego Steven Davis? Oh boy, Dewey have some news for you! The failed firm’s former chairman is now the chief legal representative for Ras al Khaimah in the United Arab Emirates. [WSJ Law Blog]

* “The Second Amendment does not preclude reasonable regulation.” A judge upheld the majority of New York’s new gun laws as constitutional. Opponents are ready to lock and load on appeal. [New York Times]

* Just because your law school isn’t ranked, it doesn’t mean you can’t dream big. Case in point: one of this year’s Skadden Fellows will graduate from John Marshall (Chicago) this spring. [National Law Journal]

* Reema Bajaj, the attorney who pleaded guilty to a prostitution charge, decided that she wasn’t in the mood to ride this Johnson any longer. Like her panties, the case has been dropped. [Daily Chronicle]

The federal judiciary thanks you.

* Barack Obama is trailing George W. Bush when it comes to leaving his mark on the federal courts, but that’s probably because Senate Democrats didn’t go nuclear quickly enough. [Blog of Legal Times]

* When it comes to 2013, one thing’s for sure: it wasn’t boring. Many of this year’s movers and shakers hailed from top Am Law 100 law firms — like Ted Cruz (formerly of Morgan Lewis). [American Lawyer]

* John Ray III isn’t going to sit back and allow a jury to shut down his discrimination and retaliation case against Ropes & Gray. He filed a notice of appeal last week, and he’s pissed off. [National Law Journal]

* Utah has until the end of January to figure out how it’s going to go about defending its same-sex marriage ban before the Tenth Circuit. Just a thought: the “it’s still gay, even if the balls don’t touch” theory of law isn’t going to cut it. [Deseret News]

* A lawyer for the Texas judge accused of strangling his girlfriend is offering media outlets a superb defense story on behalf of his client. He wasn’t trying to kill her, he was trying to save her! [New York Daily News]

* Here’s some advice on how to submit your law school application on time. If you don’t know how to meet a deadline, you’re going to make a great lawyer. [Law Admissions Lowdown / U.S. News & World Report]

I remember riding home one evening with Justice Lewis Powell, whom I was serving as a law clerk. I was pumped over a vote he had cast that day, and I expected him to share my excitement. He responded that he considered himself fortunate if only 48 percent of the legitimate points to be made were on the other side.

– Judge J. Harvie Wilkinson, writing in a Washington Post op-ed piece about the virtues required of judges — and how the elimination of the filibuster on many presidential nominees could lead to a less balanced judiciary.

Judge Richard KopfDid the agents who were conducting my interview already know all about my daughter, the surveillance and the warning? While I suspect they did, to this day, I am not certain. Was I really obligated to “rat her out” to prove my bona fides? I have no idea, but I sure felt sh**ty for having done so.

– Judge Richard G. Kopf, writing on his delightful blog about the deeply intrusive process for vetting federal judicial nominees — which required him to reveal to the FBI his daughter’s brush with allegedly unsavory characters.

(See also Richard Posner — citing Above the Law and Elie Mystal, by the way — after the jump.)

double red triangle arrows Continue reading “Underneath Their Robes, Indeed”

* Justice Anthony Kennedy doesn’t think that law school should be shortened to two years, but he does think that the “cost factor has to be addressed.” Somebody really ought to listen to this man and give his words some credence. [WSJ Law Blog (sub. req.)]

* Let’s give Lady Justice a big round of applause, because the federal judiciary announced that it’s got enough cash on hand to keep things running until October 17, two whole days more than originally planned. Cherish the small things. [Blog of Legal Times]

* If Biglaw firms don’t adapt to the changing times, they may soon go the way of the dodo — or, to be a little more relevant to large law firms, they may soon go the way of the Dewey. Scary. [American Lawyer]

* Gov. Chris Christie’s administration appealed a judge’s denial of a stay on a ruling allowing gay marriages to be performed within the state. Please try to stay Jersey Strong and fabulous through this. [USA Today]

* Law review? More like flaw review, amirite? Apparently there’s a big problem with law review articles, and it’s not just that they’re incredibly boring and wind up in books that are never read. [National Law Journal]

It is time to tell Congress to go to hell. It’s the right thing to do.

– The eminently quotable Judge Richard G. Kopf, in a blog post urging the federal courts to declare all employees “essential” to keep the judiciary running despite the crippling government shutdown.

Dzhokhar Tsarnaev

* “We’re in uncharted territory right now.” The federal courts made it through the first week of the shutdown, but they’re approaching “here be dragons” land in terms of funding. [National Law Journal]

* “It would be the most interesting case in decades.” Legal experts debate whether President Obama can ignore the debt ceiling for much longer. [New York Times]

* People are getting out of Biglaw while the getting’s good. Reed Smith’s global managing partner is leaving the firm for a general counsel gig after 13 years at the helm. [WSJ Law Blog (sub. req.)]

* Law firm leaders met to discuss how to empower women attorneys, and agreed it’s wise to parade them around in front of clients. Getting to work on those clients’ cases is another question. [Blog of Legal Times]

* No debacles here, contrary to past precedent: Kasowitz Benson poached two superior legal minds from NBCUniversal and welcomed them to the firm to open an entertainment litigation practice. [Bloomberg]

* Dzhokhar Tsarnaev’s lawyers want their client’s prison restrictions to be lifted and are raising a slew of constitutional claims. We think the members of his fan club are the only ones feeling sorry for him. [CNN]

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