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….
Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.
* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]
* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]
* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]
* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]
* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]
In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)
In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….
* Howrey’s pre-Labor Day, everything must go, furniture sale. Don’t miss it. [Am Law Daily]
* CBS settles the case with two women suing Dr. Phil for unleashing a naked dinner guest on them for his show. I’m not sure if this is a case of two really uptight women or one really ugly dude, but I do know that alcohol would have solved this problem better than any counseling Dr. Phil could have provided. [Lowering the Bar]
* Obama is confident Supreme Court will uphold Obamacare? Did a justice die while I was away and nobody told me? [WSJ Law Blog]
* Do you think any of these new law firm models can use a thousand highly paid yet unskilled associates straight out of law school for a limited time until they go on to do actually interesting things with their lives? Oh, no reason, I was just asking. [Legal Blog Watch]
* This list of organizations who heavily contributed to members of the Deficit Super Committee includes Skadden. Actually, it looks like many lawyers are heavily invested with these politicians. [Maplight]
I like crusading AGs with names like "Spitzer" more than "Cuccinelli," but that's just me.
Obamacare scored a huge victory today. Not because of an election or an impassioned debate. Not because of a fresh argument or a political compromise. Not even because of a considered legal opinion. No, Obamacare scored a major victory just because the Fourth Circuit panel randomly chosen to hear the challenge to Obamacare, an appeal spearheaded by crusading Virginia attorney general Ken Cuccinelli, will be made up of three judges appointed by Democratic presidents.
And because we live in a country where our judiciary is about as apolitical as a parliamentary house, it’s reasonable to think that at least two of the three judges (two of whom were appointed by Obama himself) will deliver an Obamacare victory.
* If I had a nickel for every federal judge who dismissed a challenge to Obamacare, I’d have fifteen cents. Come to think of it, phrasing it that way doesn’t illustrate a whole lot. Oh well. [New York Times]
* Tennessee seeks to outdumb every other state with a proposal that would make it a felony for any person to follow sharia law. Your move, Mississippi. [The Tennessean]
* Albany Law School of Union University is downsizing, but will likely still keep all three T’s. [National Law Journal]
* The Supreme Court ruled that a 1986 law precluded plaintiffs from suing vaccine-makers in state courts. In your face, Jenny McCarthy. [WSJ Law Blog]
* “Top SEC lawyer and his bros inherited $1.5M in Madoff profits.” [New York Post]
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