Health Care

This version of her face was better.

* Grassley, if you think a letter will get the SCOTUS health care arguments on TV, then you probably think the ABA is going to do something about your letters to them, too. Aww. [Blog of Legal Times]

* When in doubt, get the f**k out. Take this expert advice from Judge Paul Hawkes: the best way to avoid an ethics hearing is to quit resign from your job. [Palm Beach Post]

* Mmm, “law school porn.” So thick, so long, so… stupid. Just think of all of the other bigger and better things that law schools could be spending your tuition money on. [National Law Journal]

* And in real porn news, a litigant says that Jenna Jameson is “possessed.” But was he talking about her case, or the evil plastic surgery demon who did a number on her face? [Chicago Tribune]

* Gary Busey is being sued for walking under the influence at an Oklahoma airport. Applicable Buseyism? CRAP: Colliding Recklessly Against Passengers. [International Business Times]

The president looks good in a doctor's coat, no?

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….

double red triangle arrows Continue reading “Supreme Court To Decide Constitutionality of Obamacare”

* Now that DADT has been repealed, the Ninth Circuit has tossed the Log Cabin Republicans case. How does that Paula Abdul song go? Two steps forward, two steps back? [Los Angeles Times]

* Is this a new way of protecting taxpayers? In early 2012, Bank of America is going to start charging $5 a month for debit card purchases. Thanks Dodd-Frank, thanks a lot. [Wall Street Journal]

* Bob Morse of U.S. News wants to know if the ABA will “take more steps . . . to ensure data integrity” in light of the latest admissions data scandal. Aww, you’re so cute. [ABA Journal]

* The DOJ wants Raj Rajaratnam’s medical information, but they probably don’t need it. Just pick some of the usual fat people diseases, like diabetes and high blood pressure. [Bloomberg]

* If I only had a brain heart lower recidivism rate. A serial shoplifter is probably going to lose out on a heart transplant because her health insurance doesn’t cover inmates. [New York Daily News]

We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner.

With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011:

What did Messrs. Clement and Shanmugam have to say about the upcoming SCOTUS Term?

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* 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]

* Mark McCombs, the ex-Greenberg Traurig partner who overbilled for prestige, was sentenced to six years. Not a good way to thank your town for naming a street after you. [Am Law Daily]

* An Indian restaurant is accused of forcing Indian customers to give 18% tips. Here’s a tip: don’t punch customers in the face, and maybe they’ll give you a tip on their own. [New York Daily News]

* No soup (or supplements) for you! Curtis Allgier, a Utah prisoner awaiting his murder trial, wants seconds during dinner so he can get back to his fighting killing weight. [Boston Globe]

Some of you have been wondering about the whereabouts of our colleague, Elie Mystal. As several of you have noticed, he hasn’t written for these pages since last Tuesday.

No, Elie’s not still on vacation. Unfortunately, he’s on sick leave: he has been bedridden since Tuesday with tonsillitis and an acute sinus infection.

Either he’ll be back at work soon, or we’ll be reporting on one hell of a med mal suit. We wish him a speedy recovery.

* 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]

* This is a touching little profile on life on the inside for Hacksaw McDaniel. [Macon Telegraph]

Obamacare!

* 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]

Aw crap, there go my approval ratings.

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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If your lover has these products in their bathroom, maybe you should use a condom.

I thought the most sketchy thing I’d see today was this article about people photoshopping the heads of their Facebook friends onto naked bodies and then masturbating. There’s nothing wrong with jerking off, but doing it to friends based on their profiles just seems violative.

Of course, there are things that seem wrong, and then there are things that are wrong. And Thomas Redmond, the creator of Aussie hair-care products, apparently crossed over the line into depraved wrongness.

When Redmond was 77, he banged a woman twenty years his junior, without a condom, and gave her his herpes. Mental note: I need to remember to never use Aussie hair products because the dude that created it has herpes and doesn’t take adequate precautions…

double red triangle arrows Continue reading “Lawsuit of the Day: It Only Costs $4.3 Million To Give Somebody Herpes”

Hal Turner

* Apparently hearsay exceptions are still hard to grasp, even for justices on the Supreme Court. [CNN Justice]

* Threaten judges over a ban on guns and your own guns get banned. Hal Turner gets pistol-whipped by karma. [Bloomberg]

* Obama is giving states the “flexibility” to drop federal health care reform by 2014 — that is, if the Supreme Court doesn’t hear the issue before then. [New York Times]

* Would you still eat a chick’s taco if she told you she was only 88% real woman? Taco Bell employs the tranny surprise method in its latest post-lawsuit ad campaign. [WSJ Law Blog]

* Yeah, we know Obama told us to stop defending DOMA. Well, we’re not defending DOMA, we’re just not not enforcing it. [San Jose Mercury News]

* I bet students at SMU Law are psyched that they’re going into massive loan debt so that they can pay their classmates’ salaries. [National Law Journal]

* Protip: if you ever get prosecuted for knowingly hiring illegal immigrants, just blame it on your Latino HR director. ¡Sí se puede! [Washington Post]

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