Two days ago, a protestor stood up during oral arguments at the Supreme Court to tell the justices that they created a legally sanctioned plutocracy with their decision in Citizens United. The whole thing was caught on camera because one was smuggled into the courtroom, which was almost more interesting than the protest itself.
It was pretty exciting. Justice Ginsburg almost woke up for it.
Now the Supreme Court protestor has spoken, and here’s what he had to say….
* Elizabeth Wurtzel: “I am a lawyer. The first rule of law: All the promises will be broken. Attorneys could not be in business if people did not fail to do what they agreed to do all the time — and lawyers are very busy.” [Nerve.com]
* Laura Ingraham clerked for SCOTUS, so presumably she knows that Puerto Ricans are American citizens — right? [Media Matters]
* Chief Judge Alex Kozinski, known for zerotolerance of prosecutorial misconduct, has written the foreword to a new book on the subject. [Facebook]
* In addition to the one we mentioned yesterday, here’s another petition for the Obama Administration that’s aimed at addressing the student debt crisis. [WhiteHouse.gov]
* California is eyeing a referendum to allow affirmative action considerations to be employed in college admissions for the first time in almost 20 years. Surely the same people who passed Prop 8 will be enlightened enough to do something proactive about systemic discrimination. [Chronicle of Higher Education]
* The art of negotiation and terrible cigars. [Katz Justice]
* And I joined Mike Sacks and Jessica Mederson on Legalese It! today. So check out our rousing discussion of the State of the Union v. Supreme Court, Foxy Knoxy’s extradition fears, and California’s decision to keep disgraced journalist Stephen Glass out of the legal profession. Video below… [HuffPost Live]
Before the George Zimmerman verdict, I said that the case had nothing to do with Florida’s controversial “Stand Your Ground” law. I said this because Zimmerman and his attorneys were not arguing “Stand Your Ground.” Stand Your Ground has to do with Florida’s wild west approach to the duty to retreat. Florida extends the castle doctrine to public spaces. To take the legalese out of it, Stand Your Ground simply means that if you are attacked in public, you don’t have to run, even if you can safely and reasonably do so. You can stand and fight, meet force with force, and shoot to kill if you fear for your life or a serious injury.
But that wasn’t the case Zimmerman was making. He argued that he had no opportunity to reasonably and safely escape anyway, so it was a simple issue of self-defense. Stand Your Ground had nothing to do with it.
Anyway, I wrote that, and then an hour later, the judge gave jury instructions ripped right from the Stand Your Ground statute. And now the idiot juror B37 is going on television talking about how Zimmerman had a right to stand his ground, so what do I know? It’s my fault for even thinking for a second that the people of Florida could apply their own laws correctly.
So, I agreed to go onto HuffPost Live and debate whether Stand Your Ground laws are essentially a “license to kill.” Interestingly, one of the people on the panel was a Florida state representative who accepted the challenge of defending Florida’s statute….
* Former Patriots TE Aaron Hernandez arrested. In other news, that Patriots offense was killing people last year. [NBC News]
* Elie appeared on HuffPo Live to explain how today’s rulings changed his marriage. [Huffington Post Live]
* For all the role-playing game nerds out there, a guide to the SCOTUS alignments. I’m not sold that Scalia isn’t “Lawful Good” and Alito “Chaotic Good,” but the point remains. [It's a Great Life If You Don't Weaken]
* Aaron Zelinsky has a solution for the Supreme Court’s decision to strike down the VRA formula — force every jurisdiction to adhere to Section 5 preclearance. That would make way too much sense. [Concurring Opinions]
* This judge makes important observations about rodent control. Or at least some clerk slipped footnote 5 in because Caddyshack deserves more legal citation. Unfortunately it does not conclude with, “By Order of this Court, We’re All Gonna Get Laid.” Opinion below…
Earlier this week, President Barack Obama reiterated his interest in shutting down the prison at Guantanamo Bay: “I’ve asked my team to review everything that’s currently being done in Guantanamo, everything that we can do administratively, and I’m going to reengage with Congress to try to make the case that this is not in the best interests of the American people.”
President Obama isn’t alone in being troubled by goings-on at Guantanamo. This morning I attended an interesting panel discussion where a retired admiral, the former Judge Advocate General of the Navy, spoke out in favor of closing Gitmo….
* Republican Senator Rob Portman announces his support for gay marriage after learning that his son is gay. Yay! Let’s all celebrate him for meeting the lowest threshold of human decency once he found a purely selfish reason to change. [ABC News]
* A Southern District of Florida clerk is named one of Southern Florida’s most eligible bachelors. Our bachelor “claims to be the other white meat” and to “have a lot in common with Christian Grey.” He doesn’t sound douchey at all. [Brickell Magazine (jump to page 91)]
* Comparing Chicago Law faculty to Game of Thrones characters produces surprisingly accurate results. [UChilawgo]
* With law schools raising tuition and the profession shrinking… more people need to rush to law school. Keep sipping that sweet, sweet Kool-Aid, buddy. [Daily Princetonian]
* GW Law’s Barrister’s Ball — $2500 fee for vomiting! [GW Law SBA]
* University of Oregon Property professor doesn’t understand “property,” snatches student’s phone. Click through the jump to see more video of what happens when law professors and hippies clash! [Photography Is Not a Crime]
* Rick Pildes writes a guest post at the Election Law Blog asking if Congress abdicated its responsibility when it failed to update the Voting Rights Act. That’s crazy talk. When does Congress abdicate its responsibility? [Election Law Blog]
If you watched the inauguration ceremonies, whether in person or on television, you may have noticed all nine Supreme Court justices out in force. Supreme fashions generated tons of talk on Twitter, especially Justice Alito’s snazzy sunglasses; Justice Ginsburg’s huge hat, which made her look like a toy soldier; and Justice Breyer and Justice Scalia’s jaunty skullcaps, discussed by Tony Mauro and Josh Blackman (among others). According to Kevin Walsh, Justice Scalia’s was a gift from the St. Thomas More Society of Richmond, Virginia.
That’s on the level of style. What about substance? How will the Supreme Court affect President Obama, and how will President Obama affect the Court, as we enter the 44th president’s second term?
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