Immigration

Talk about a pole tax…

* Dewey know if Citibank is planning to sue other former D&L partners over their capital contribution loans? According to one court document filed by Luskin Stern & Eisler, the bank’s counsel, the fun has just gotten started. [Am Law Daily]

* Unlike the voter ID laws in Texas and South Carolina, the Department of Justice has approved New Hampshire’s law of the same ilk. Apparently hippies from the “Live Free or Die” state are incapable of discrimination against minorities. [CNN]

* Arizona, on the other hand, can discriminate against minorities all the live long day — for now. A federal judge ruled that the “show me your papers” provision of S.B. 1070, the state’s strict immigration law, may be enforced. [Bloomberg]

* The latest argument raised in the case over the Mongolian Tyrannosaurus Bataar skeleton is that the bones are actually a “Frankenstein model based on several creatures.” This movie is getting boring. [WSJ Law Blog]

* “[T]he state of New York doesn’t get to be a dance critic.” We’re sure that any man would gladly tell the New York Court of Appeals that lap dancing is a form of art, but should it enjoy a tax exemption? [Associated Press]

On many occasions here, we have covered the notion that it seems almost anyone will be allowed, nay, encouraged to practice law in the United States. But it turns out that assumption isn’t entirely correct. For the time being, the bar appears to still be closed to at least one specific group: undocumented immigrants.

That might seem obvious, right? Well, what about an immigrant who was brought here illegally but has been waiting in line for citizenship for almost two decades? Sorry, if the DOJ has its way, no dice…

double red triangle arrows Continue reading “Can Illegal Aliens Be Lawyers in America? NOPE”

* Vietnam is now getting on the right side of history. A song, played on a same sex saxophone. A gay man sound, a lesbian sound, a cry that tells us love isn’t just for heteros. It’s telling me, to hold you tight, and dance like homophobia makes no sense in the world. [WSJ Law Blog]

* If corporations are people, that means they also get to have religion. We can’t be too far away from social conservatives trying to ban same-industry corporate mergers. [The Atlantic]

* Yeah, what I really want to hear is a 0L giving advice about how to choose which law school to go to. [Huffington Post]

* Once again, Romney really seems to support some kind of government-mandated health insurance so long as he’s not talking to Americans while he’s running for President. [Wonkblog / Washington Post]

* Whistling at whales could be a crime, because you don’t want to encourage them. No, I’m not making a BBW joke. I’m talking about actual whales. [The Volokh Conspiracy]

* So if we ban illegal immigrants from getting government assistance for an abortion, then aren’t we kind of supporting anchor babies? [Associated Press]

* Lat and friend model t-shirts designed by Chief Judge Alex Kozinski (for His Honor’s Romanian barbecue). [Twitter]

Scalia to Posner: You're not the boss of me!

Over the years, Judge Richard Posner (7th Cir.) has sent a number of his clerks to the chambers of Justice Antonin Scalia. Query whether Judge Posner’s record as a feeder judge to Justice Scalia will be impaired by the recent sniping between them (or by Judge Posner’s ideological drift; as he recently told NPR, he has grown less conservative “since the Republican Party started becoming goofy”).

Last month, Judge Posner expressed misgivings over Justice Scalia’s impassioned dissent in Arizona v. United States, a high-profile case about immigration. Judge Posner questioned the “famously outspoken” justice’s decision to include complaints about illegal immigrants in his dissent, suggesting that such discussion might be more appropriate for a campaign ad than a judicial opinion.

In a recent interview, Justice Scalia benchslapped back — hard. What did he have to say?

double red triangle arrows Continue reading “Benchslap of the Day: Justice Scalia Pulls Rank on Judge Posner”

* Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]

* Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]

* In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]

* “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]

* We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]

* Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]

* And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]

Accreditation Appeal²

* How many of Above the Law’s Scalia groupies tuned in to watch the opinionated Supreme Court justice on Piers Morgan last night? Now we all know what Justice Scalia’s favorite pasta dish is! [CNN]

* In other news, the Supreme Court’s approval rating has dropped even lower in the wake of the Affordable Care Act decision — just 41% of Americans are satisfied with SCOTUS. [New York Times]

* Dewey know if D&L is going to be able to pay out bonuses and retention fees? Not if the U.S. Trustee can help it. They’re not “cost effective or economically feasible” — go figure. [Bloomberg]

* City records for Boaz Weinstein’s and Tali Farhadian Weinstein’s $25.5M lawyerly lair have officially hit the books. Not too shabby for a federal prosecutor. [New York Observer]

* “I am not a racist. I am not a murderer.” George Zimmerman sat down for an interview with Sean Hannity to tell his side of the story. Prosecutors must be thanking Zimmerman’s attorney for this gift. [Orlando Sentinel]

* Duncan Law is appealing its accreditation appeal before the American Bar Association’s Section of Legal Education and Admissions to the Bar. This must be the three strikes approach to accreditation. [ABA Journal]

* Give this undocumented immigrant one of the documents he’s earned. Immigration law professors are lining up to support Sergio Garcia’s attempt to win admission to the California bar. [National Law Journal]

* California’s foie gras ban will remain in effect due to the lack of a “satisfactory explanation” as to why a TRO should be granted. Sorry, but wanting to eat classy French food isn’t a good enough reason. [Businessweek]

Tomorrow is going to be rough.

Tomorrow is a big day. And in all likelihood, a very sad one for many people (like me) who would prefer that the Affordable Care Act not be overturned.

As the countdown gets closer to zero, more of the discussion surrounding the Supreme Court has turned to Justice Antonin Scalia‘s role on the court, and in American politics more broadly.

To put it gently, he is ruffling a lot of people’s feathers (including, perhaps, the injured falcon that almost clawed my face off about 20 minutes ago).

Now you can add to that list Judge Richard Posner of the Seventh Circuit, who is not too kind toward Scalia in his “Supreme Court Year in Review” column, published today on Slate.

Among other things, Posner criticizes Scalia’s “celebrity-type extrajudicial activities,” and he expresses uneasiness with the justice’s politicking. Let’s see exactly see what Posner has to say…

double red triangle arrows Continue reading “Posner Pwns Scalia”

Thursday the Supreme Court will sit for its final session of October Term 2011. The Court will issue opinions in all the cases pending before it. For example, the Court will let the American people know whether they ever have a right to lie.

The Court will also rule on the case that, according to a sign I saw earlier, presents the question of whether we need to “Get The Feds Out of Medicare.” I’m not sure about the details of that case though, because it hasn’t gotten much press attention (I only read the Bicycle Times).

Today, however, the Court issued two opinions in argued cases. The fun in the courtroom was not in the opinions, but in the dissents….

double red triangle arrows Continue reading “While We’re Waiting For Obamacare, It’s All About The Dissents”

This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.

In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….

double red triangle arrows Continue reading “What Happened at the Supreme Court Today?”

Sergio C. Garcia

While a license to practice law is necessary to obtain employment as an attorney, having a law license does not mean that the holder may be employed.

– attorneys for the State Bar of California in a written brief to the California Supreme Court, commenting on the case of Sergio C. Garcia, an undocumented immigrant who passed the state bar examination, but has since been denied a license to practice law.

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