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* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype?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….
* With yesterday’s decision from Pennsylvania, the game is now tied for Obamacare at the federal district court level. Come on, SCOTUS, just grant someone certiorari already. [Bloomberg]
* Keep this in mind if you’re applying to law school this year: if you’re white, it ain’t aight. Who knew that there could be “anti-white bias” in a place where everyone’s white, like Wisconsin? [National Law Journal]
* 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]
The Eleventh Circuit has declared that Obamacare’s individual health care mandate is unconstitutional. Today’s decision will be lauded as a victory for the 26 states, led by Florida, that challenged the law as unconstitutional.
In a 2-1 decision (and the first in which a judge appointed by a Democrat has voted to strike down the mandate), the Eleventh Circuit stated that Congress does not have the power to require all Americans to buy health insurance. The court also ruled, however, that the rest of the law could remain in effect.
The Eleventh Circuit decision comes in the wake of the Sixth Circuit upholding the individual mandate as constitutional (a ruling joined by Judge Jeffrey Sutton, a George W. Bush appointee). The Sixth Circuit case has already been appealed to the Supreme Court. We have a feeling that this case will also be appealed to the Supreme Court, setting quite the stage for a ruling within the next year or so.
Click here to read the Eleventh Circuit’s opinion, and read on for some more interesting facts about the case….
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