Bo respects Obama's rhetoric way more than the Supreme Court.
So, I have a dog and sometimes I say things like “do not nudge open the bathroom door and rip up all the toilet paper,” or “you are not allowed to take my socks and hide them under my bed.” When I say these things, she looks at me as if she understands or at least basically respects my authority. But when I leave the bathroom door slightly ajar or I put my socks on the floor, she goes right back to ripping up paper or hiding socks.
You see, she’s a dog. And she’s gonna do what she’s going to do.
In all important respects, the Supreme Court of the United States is indistinguishable from my dog. With lifetime appointments for the justices, the Court is going to do what it wants, when it wants to, and they don’t much care what the “executive” happens to think they should do.
If you don’t want the Court to rip up your toilet paper, don’t leave the door open. Because scolding them about what they should or should not do has little effect, as President Obama is about to find out….
Before the arguments commenced, we asked our readers for their opinions and predictions on the case: Will SCOTUS uphold the ACA? Should it? 1,100 of you weighed in.
After the jump, we’ll look at the results of our survey, and sample some representative reader comments. (Here is an example of a non-representative reader comment: “I hope the law is overturned. I am a Christian Scientist and have not been to the doctor in 40 years.”)
* 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….
* Obamacare’s individual mandate may be in jeopardy, and it’s all because of that stupid broccoli debate. No, Scalia, as delicious as it is, not everyone would have to buy broccoli. [New York Times]
* Biglaw firms aren’t going away, but thanks to the recent onslaught of partner defections to small law firms, their high hourly rates might soon be going the way of the dodo. [Corporate Counsel]
* The “good” news: Northwestern Law will be limiting its tuition hike to the rate of inflation. The bad news: next year, it will cost $53,168 to attend. I officially don’t want to live on this planet anymore. [National Law Journal]
* A Littler Mendelson partner is recovering from a stabbing that occurred during a home invasion. On the bright side, at least he’s not a partner at Dewey — that’s a fate worse than being stabbed these days. [Am Law Daily]
* Law school applicants are dropping like flies, but some law schools were able to attract record numbers of students. UVA Law must have some real expertise in recruiting collar poppers. [The Short List / U.S. News]
* “I have a suggestion for you; next time, keep your [expletive] legs closed.” O Canada, that’s the basis of one crazy class action suit, eh? Dudley Do-Right would never treat a female Mountie like that. [Globe and Mail]
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.
Court watchers, it’s on. Today the Supreme Court started hearing arguments on its most politically-charged case since Bush v. Gore. It’s the first time in a generation where the Court might strike down a major piece of national legislation. The Court will hear three days of oral argument on the Affordable Care Act (a.k.a. Obamacare).
This is big time. The entire country is watching.
And on day one, for the opening salvo in the biggest Court battle of the decade, we’re going to start with jurisdiction.
Still with me? I know it’s boring, but there’s an interesting political story here as we wait for the Court to get to the “main event” tomorrow….
* Who will play starring roles in the Obamacare arguments before SCOTUS? A bunch of older white guys. Good thing this isn’t televised, because the ratings would probably suck. [Legal Times]
* The judiciary is on the cusp of a “financial crisis,” and some trials may be put on hold. That, or they’re just going to get rid of people. Which do you think it’ll be? [Thomson Reuters News & Insight]
* When rankings like these are available, who cares about U.S. News? Here’s a list of the law schools you should go to if you want to actually make bank as a lawyer. [Forbes]
* Covington & Burling is the latest Biglaw firm to sign up for an office in Seoul. Memo to partners: this is not the spring “bonus” your associates care about. [Capital Business Blog / Washington Post]
* The jury in the Dharun Ravi privacy trial is set to begin its deliberations this morning. Oh, to be a fly on the wall in that room — or, more on point, a webcam. [Statehouse Bureau]
* Thomas Puccio, a former Biglaw partner known for his notorious clientele, RIP. [New York Times]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
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Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
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