Immigration

President Obama formally announced the resignation of U.S. Attorney General Eric Holder this week. Filling the position ordinarily poses a political challenge, but installing Holder’s successor will be particularly rancorous. And we have Eric Holder himself to thank for that.

With Congressional midterm elections weeks away, confirmation hearings for a new AG any time soon seemed unlikely at first. However, Senator Patrick Leahy (D – VT), the chair of the Senate Judiciary Committee, announced that he intends to urge the confirmation process onward. “Definitely, we should have confirmation hearings as quickly as possible in the Senate,” Leahy told MSNBC’s Andrea Mitchell. Changes to Senate rules allow debate to end over executive and judicial branch nominees (except for nominees for Supreme Court vacancies) with a simple majority vote, rather than a supermajority of 60 votes. At least until the January 2015 session, when the Senate can revisit the rule change, Senators cannot filibuster the vote on Eric Holder’s potential successor. No matter what shifts occur after the upcoming elections, Republicans hold only 45 seats in the Senate until January 2015. So, Democrats acting quickly hold an advantage. However, Democratic senators facing dicey election contests may not be enthusiastic about their party’s push for hearings before the election.

The AG confirmation process opens a new battlefield in the war between supporters of President Obama and his critics. The battle to confirm Eric Holder’s successor promises to be messy. Senate Republicans will treat the process as a referendum on everything President Obama has done — possibly everything his critics suspect he might want to do. Washington politics makes this sort of fight possible. The timing of Holder’s resignation, a few weeks ahead of Congressional midterm elections, makes this plausible. But Eric Holder himself made this battle necessary.

So, how did Holder generate so much bad blood?

double red triangle arrows Continue reading “When The Confirmation Of The Next Attorney General Gets Political, Thank Eric Holder”

* Uh oh! The Second Circuit is having a copy/paste problem in that it copied and pasted the wrong legal standard into twelve of its immigration opinions from 2008 to 2012. Embarrassing. [WSJ Law Blog]

* Am Law named the grand prize winners of the magazine’s Global Legal Awards for the best cross-border work in corporate, finance, disputes, and citizenship. Was your firm honored? [Am Law Daily]

* An attorney at this Louisiana law firm was apparently attacked by a co-worker’s husband who claimed that the lawyer was behind his cuckolding. We may have more on this later. [Louisiana Record]

* A computer systems engineer at Wilson Sonsini has been charged with insider trading. This is the second time in three years that an employee from the firm has been charged with this crime. [Bloomberg]

* The best way to navigate common mistakes in the LSAT logical reasoning section is to display your logical reasoning capabilities by not taking the LSAT right now. [Law Admissions Lowdown / U.S. News]

* As football prepares to kick off, there’s a new filing opposing the renewal of the broadcast license for Dan Snyder’s Washington-area radio station because it has a tendency to broadcast a particular racial slur over and over throughout the NFL season. [Corporate Counsel]

* If you’re a young law grad ready to give up on being a lawyer, it’s harder to move into another industry than you’d think. [Law and More]

* Texas Attorney General Greg Abbott sought an emergency stay to allow Texas to start shutting down abortion clinics despite a ruling that the law was unconstitutional. So he filed his motion at midnight on the Sunday before Labor Day. The Fifth Circuit does not brook this tripe. [Houston Chronicle]

* New research confirms deportations don’t lower crime rates. They do, however, help drive up the BS in political ads, so that’s nice. [New York Times]

* The confusing reports that Goldman Sachs was driving aluminum around Detroit to drive up the price of aluminum spawned a lawsuit. And that led to a dismissal. [Bloomberg View]

* This is why you don’t eat underwear… [Daily Mail]

* The legal battle surrounding Adam Carolla’s podcast is breaking up friendships now. [CNN]

Have you heard of “immigrant-investment visas.” I hadn’t, but doesn’t it seem like exactly the kind of thing we would have? You pay us a lot of money, we give you a green card.

I know, putting it that way makes it seem a little too much like people can buy citizenship. Which they can. But the government dresses it up so it doesn’t sound quite as shady. From the Wall Street Journal:

Started 24 years ago, the EB-5 program allots 10,000 visas annually to foreigners who invest at least $500,000 in U.S. development projects, from dairy farms and ski resorts to hotels and bridges. In return, the investor and family members become eligible for green cards, or permanent residency, typically within two years.

Yeah, that still sounds pretty shady. People with $500,000 to sink into a freaking ski resort are probably doing just fine in their home country. At the very least, they’re probably not fleeing political or economic desperation and in need of fast-tracked immigration decisions.

According to the Journal, wealthy investors do this for their children. Yes, the children of wealthy investors benefit from this program. Meanwhile — excuse me, let me set my rage meter to nova — there are thousands of kids with their faces pushed up against the glass of America right now, FLEEING DEATH.

Continue Reading On Above the Law Redline…

When it comes to the debate over the wisdom of going to law school, I fall somewhere in between. I’m not as optimistic as Jordan Weissmann of Slate, but I’m not as pessimistic as Elie Mystal and Joe Patrice, two of my colleagues here at Above the Law.

Back in June, when I reviewed employment data for the law school class of 2013, I sounded some cautiously optimistic notes. I wondered whether a stable job market and shrinking law school classes could produce better employment outcomes for many law grads.

Could the jobs picture be even brighter than “stable”? Check out what looks like a big expansion of the U.S. Department of Justice’s prestigious Attorney General’s Honors Program, along with other opportunities to work as a lawyer for the federal government….

double red triangle arrows Continue reading “Reminder: DOJ (And Other) Honors Program Applications Are Due Soon”

* CNN sued over claims that a correspondent bit EMTs at the embassy in Baghdad. And just like that, Baghdad isn’t looking so safe anymore. [MSN]

* Tea Party favorite Chris McDaniel has filed a legal challenge over the Mississippi GOP primary. It’s dumb. [KARN h/t Election Law Blog]

* The Wisconsin Supreme Court upheld the state’s restrictions on unions. Meanwhile the dissent relied on really weak arguments like “actual Supreme Court precedent.” [Labor Press]

* The immigration crisis has inspired Miami to establish a rocket docket, which is a useful response, so we should probably shut it down and encourage drunk militia members to get in boats or something. [Daily Business Review]

* Dan Markel was serving as a legal consultant to the defendants in that Orthodox divorce extortion case. [Village Voice]

* The legal conundra of The Guardians of the Galaxy. Poor Ronan… you plan one attempted genocide and the law is all over you. [The Legal Geeks]

* Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]

* The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]

* What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]

* Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]

* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]

* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]

* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]

* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]

* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]

* Gaming the rankings — not just for law schools any more. [The Kansas City Star]

* Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]

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* Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]

* Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]

* What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]

* Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]

* Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]

* A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]

* There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]

* Lawyer explains to court how people illegally implanted a silicon chip in her head. No word on her feelings about Mondays. [Tampa Bay Times]

* How much juice content did Coca-Cola think allowed them to market a product as juice? The answer will actually surprise you unless you really, really hate Coke. [PR Log]

* Defendants should not have access to the Internet because they could beat someone to death with an iPad. I guess. [Lowering the Bar]

* Mobile crammers settle for $10 million. The charge will appear on their next month’s phone bill. [Law and More]

* Like most things in life, the path to victory involves beginning from the KISS principle. [Katz Justice]

* Of all the over-the-top immigration control efforts in this country, arresting a couple in bed for not being “married enough” is one of the craziest. [Sun Sentinel]

* The American Bar Association, fresh off loosening its accreditation standards, is actually trying to dupe kids into thinking this is the best time to attend law school. Check out this ad. And if you want to play with it in Photoshop, that would be cool too…

double red triangle arrows Continue reading “Non-Sequiturs: 06.16.14″

* Are you a judge or former judge interested in being on television? All you have to do is move into some quasi-Survivor commune. Who would be the best jurist to send out there? I’d say Thomas so he can just stare at everyone silently and offer no assistance. [LawSites Blog]

* Law students fight to get an immigrant lawyer admitted to the bar over 100 years later. Just what California needs. Another lawyer. [UC Davis News & Information]

* Speaking of California needing more lawyers, California law schools are reaching out to community colleges to find students who saved on their undergraduate education and might be willing to start taking on some serious debt. [SF Gate]

* The State of Texas has intervened in a legal brawl between two breweries over the use of the Alamo. One more liberal government trying to take over the free market. [Brewery Law Blog]

* Professor John Banzhaf has an interesting suggestion regarding the death penalty: why are we still using injections anyway? [PR Log]

* Most people shouldn’t sue just because they can: a commentary on Alex Rich’s recent piece. [Law and More]

* More feedback on the ATL Top 50. [Most Strongly Supported]

* “Tacoma needs a law school like I need a hole in the head.” Exactly. [Post Defiance]

* The South Carolina Commission on Higher Education took a big step toward invalidating their own name by approving the sale of Charleston to Infilaw. By the way for comedy’s sake, attached below is a screenshot of the Google News alert I got on this story…. [The State]

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