Federalist Society
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Government
Judicial Nominee May Have Lied To Senate About Role In Racist Voter Suppression Effort
...and this will have absolutely no impact on his confirmation. -
Non-Sequiturs
Non-Sequiturs: 11.17.17
* The Federalist Society is proposing a court-packing scheme because that’s what the Founders would have, you know, never wanted. [Think Progress]
* A deep dive into Justice Kennedy’s likely role in Masterpiece Cakeshop v. Colorado Civil Rights Commission. [Empirical SCOTUS]
* New York may not be having a constitutional convention, but that’s not going to stop the state’s chief judge from reforming its “byzantine” court system. [New York Law Journal]
* Frugal or a failure to launch? You be the judge. [Corporette]
* One of the finest sentences of the week: “a free-speech advisory group at Ohio University ‘discussed the critical importance of transparency’ — and then unanimously voted to close its meetings to the public.” [Chronicle of Higher Ed]
* There really is nothing like Above the Law out there. [Law and More]
* Savoring the small moments that bring joy to a lawyer. We all need to find what keeps us happy and grounded. For me, it’s Trent Garmon’s writing. [Joy in the Law]
- Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms. -
Supreme Court
Justice Gorsuch Jokes About 'Frozen Trucker' Case At Fed Soc Dinner
If you recall, this was the case that gave him a lot of trouble during his confirmation hearing.
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Morning Docket
Morning Docket: 11.17.17
* If you were wondering how the tax bill would screw over attorneys, here it is. [Law360]
* Neil Gorsuch appeared at the Federalist Society dinner and made jokes about the “frozen trucker” case because a lifetime appointment means never having to say you’re sorry. [National Law Journal]
* Jared Fogle tried the old “sovereign citizen” trick. Unfortunately for him, admiralty courts have jurisdiction over subs. [ABA Journal]
* Does the media’s prophylactic use of “allegedly” to avoid libel contribute to a culture that dismisses women’s stories of harassment? An interesting Al Franken-inspired case study. [Washington Post]
* Don’t kill Section 230 just because some websites don’t take the time to manage their trolls. [Slate]
* Robert Hays secured a fifth term as chair of King & Spalding. Woe to those who oppose his glorious reign. Dilly dilly. [American Lawyer]
* The Washington Supreme Court has finally ruled that former Skadden Fellow Tarra Simmons can take the bar exam. [KING5]
* When you’re paying $160 million in bribes, you’re doing something wrong. [Law360]
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Non-Sequiturs
Non-Sequiturs: 06.23.17
* An off-duty African-American police officer responded to gunfire heard from his apartment by grabbing his service weapon and heading out to assist his fellow officers. How do you think this blurb is going to end? If you answered “I don’t have enough facts yet to know the outcome,” you are an idiot or a child. If you answered “the white officers shot him,” you are right, of course. If you answered, “the white officers detained him, realized their mistake, released him, and then a late arriving officer shot him, and the police lied about it for a day until a newspaper reported out the story,” then you somehow knew that this went down in St. Louis. [New York Daily News]
* The Fifth Circuit lifted a ban on a bill that will allow Mississippi to discriminate against the gay community. Story time: I saw this story in Morning Docket, and just now tried to Google it for comment in this column. I couldn’t remember the exact details, so I just typed in “Mississippi gay bashing bill.” Couldn’t find what I was looking for. I thought a little and then tried “Mississippi religious freedom law,” boom, Google gave me all the links. Here’s the thing: I refuse to use the language of the oppressors. This bill is not about religious freedom, it’s about gay bashing. I’m going to call it as such, I’m going to tag it as such, and I hope others will join me in reserving “religious freedom” for worshipers while telling bigots exactly what they are. [USA Today]
* Undercover police officer handcuffs three teenagers on the National Mall for… selling water without a permit. The kids were black, of course. At this point, I’m pretty sure a police officer could be dying of thirst and I could have an entire river sloshing around in my backpack and I wouldn’t tip it out so that the officer could lick the water off of my foot. BECAUSE IF I REACHED FOR THE WATER THE DESICCATED OFFICER WOULD STILL SHOOT ME AND SAY HE THOUGHT I WAS GOING FOR A GUN. [U.S. News]
* Recipients of the prestigious Rangel and Pickering fellowships, aimed at helping minority applicants get started at the State Department, have been told by Trump’s State Department that only temporary, non-career positions are available to them this year. I think I’m okay with that, insofar as I don’t want any foreigner thinking that non-white Americans have a lot to do with this embarrassment of a country. We just work here. [Independent]
* I’ve got to do some plugs in a second, so my editorial sense tells me I should link to something funny to lighten the mood. Here’s a story about a world-famous comedian who will be touring America, town-hall style, to raise awareness about sexual assault. [NPR]
* Join David Lat for a happy hour — and Supreme Court talk — in Minneapolis on Monday. [Federalist Society Events]
* I was on the Brian Lehrer Show again, this time with Kai Wright, and I broke down like seven Supreme Court cases in half an hour, including basically wetting myself when they let me lead with REAL PROPERTY in the form of the Murr v. Wisconsin decision. [Brian Lehrer Show]
* Time to check in with the Alt-Right. Breitbart has an explosive report claiming that Trump officials are quietly instructing schools to call boys and girls the pronouns of their choice. “Education Officials Quietly Push Transgender Ideology Onto Schools.” It’s their second most commented on story, behind a Nancy Pelosi hit job. “The deplorables didn’t vote for this LGBTQLMFAO nonsense. Trump wasn’t elected to continue ovomits LGBTQLMFAO PCBS legacy, Trump was elected to End it.” Calling schoolchildren something that makes them feel comfortable and accepted = “Ovomits LGBTQLMFAO PCBS legacy.” I will never give in to these people, and I don’t care how many pollsters, spinsters, or allies tell me I have to in order to “win”. [Breitbart]
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Federal Judges, Politics
Who Will President Trump Nominate To The Circuit And District Courts?
Let's get this party started. -
Federal Judges, Politics
Lower-Court Judicial Nominations By The Trump Administration
Because the Supreme Court isn't the only game in town. -
Law Schools
Conservative Law Profs Want 'Viewpoint Diversity,' Which Is Kinda Racist
These professors need to knock off the "diversity" reappropriation. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Neil Gorsuch, Politics, SCOTUS, Supreme Court
Handicapping Donald Trump's Supreme Court Shortlist
It looks like it's down to two: Judge Diane Sykes and Judge Bill Pryor. -
Quote of the Day, Religion, SCOTUS, Supreme Court
Where The Supreme Court Could Use More Diversity
The Founders surely never imagined we'd reach this point. -
Constitutional Law, Free Speech, SCOTUS, Supreme Court
Justice Scalia, Originalism, Free Speech And The First Amendment
Justice Scalia was a great protector of First Amendment freedoms. -
Conferences / Symposia, SCOTUS, Supreme Court
How Justice Scalia's Writing Style Affected American Jurisprudence
Reflections on the powerful and distinctive writing style of Justice Antonin Scalia. -
Education / Schools, Politics, Rape
Ken Starr's Defense Of His Baylor Tenure Is... Not Compelling
Ken Starr tries in vain to return his reputation back UP to "the guy who wasted money on a blowjob case."
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
The Business Case For AI At Your Law Firm
Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Legal AI: 3 Steps Law Firms Should Take Now
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Politics, SCOTUS, Supreme Court
What Election 2016 Could Mean For The Supreme Court
Which precedents are in danger of getting overruled in the next few years? -
Morning Docket
Morning Docket: 06.14.16
* A whopping ten firms announced raises after 5 p.m. last night. Texas boutique Yetter Coleman had the common decency to announce during the day, but Locke Lord, Hogan Lovells, MoFo, Paul Hastings, Wilson Sonsini, Gibson Dunn, Akin Gump, Baker & McKenzie, Ropes & Gray and Bracewell all waited until after regular business hours to let their associates off pins and needles. [2016 Salary Increase / Above the Law]
* As fate would have it, the Supreme Court will get its first opportunity to consider post-Sandy Hook gun laws on Thursday. [National Law Journal]
* In this Breitbart News podcast, Donald Trump explains that his judicial appointments “will be picked by the Federalist Society.” FedSoc immediately cringed at being brought into the conversation. [Soundcloud]
* One law school cancels classes on election day to promote civic duty, five-day weekends. [Bloomberg / Big Law Business]
* Ziff Davis intends to buy Gawker, but isn’t sure whether or not it will respect the collective bargaining agreement. It did seem hard to believe we lived in a world where unions were on the upswing again. [Law360]
* A challenge to Indiana’s new abortion law will go before a judge today. [IndyStar]
* Speaking of abortion, here’s an account of a law student’s struggle upon learning she was pregnant during 3L year. [Forward]
* In the wake of the Supreme Court’s opinion in Bryant striking a blow for the legitimacy of tribal courts, it’s worth remembering the tremendous access to justice problems that plague reservations. [The Marshall Project]
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Law Schools, March Madness
ATL March Madness: Best Law School Scandal
It's time to get voting in ATL's annual March Madness bracket! -
Law Schools, SCOTUS, Supreme Court
The Latest Allegations Against Antonin Scalia -- Are They Accurate?
Now that he has passed on, Justice Scalia cannot confront the new witnesses against him -- so those of us who remain should subject their claims to the strictest scrutiny. -
Crime, Free Speech, Politics
The Criminalization Of Politics: Is It Happening, And Is It A Problem?
Sure, politics is an icky business -- but should it be criminal? -
SCOTUS, Supreme Court
Ten Years Of The Roberts Court
Should conservatives and libertarians be delighted or disappointed by the U.S. Supreme Court at this milestone? -
Privacy, Samuel Alito, Supreme Court
Justice Alito Says SCOTUS Is Clueless On New Tech, Which Makes Privacy Cases Even Harder
The justice has called on Congress to legislate on the latest in technology.