Jeffrey Toobin

Next week, the U.S. Supreme Court will hear oral arguments in the Conestoga and Hobby Lobby cases, the high-profile challenges to the Obamacare contraception mandate. Many ordinary citizens wish they could tune in to the arguments on TV, or at least catch clips on the Daily Show nightly news. After all, how else can Americans access this valuable information that could change their lives forever? I mean, without an Upworthy piece or a Buzzfeed listicle?

Of course, serious folks make serious arguments championing televised coverage of Supreme Court arguments. UC Irvine School of Law Dean Erwin Chemerinsky wrote an opinion piece this week, arguing that “[t]here is no excuse for keeping cameras out of the Supreme Court.” (Apparently, Chemerinsky wants cameras in and Justice Ginsburg out, for those keeping track of Chemerinsky’s wish list.) Earlier this month, the Coalition for Court Transparency, a group of press organizations and pro-transparency NGOs, sent a letter to Chief Justice Roberts, urging the Court to permit the video recording and broadcast of its courtroom.

So, what are opponents of cameras at One First Street so scared of? Do they worry that Chief Justice Roberts will start mugging for the camera? That Justice Scalia will insist on an added laugh track? That Justice Kagan will embark on a dangerous juice fast to slim down like a Hollywood starlet? (Actually, it looks like she already has.)

Those are not my concerns, but here is why I still think video coverage of U.S. Supreme Court arguments is a terrible idea….

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As for Supreme Court vacancies? There will be none.

Jeffrey Toobin, legal analyst for the New Yorker and author of The Oath: The Obama White House and the Supreme Court (affiliate link), issuing seven legal predictions for 2014.

It’s often noted that the United States is governed by the world’s oldest written constitution that is still in use. This is usually stated as praise, though most other products of the eighteenth century, like horse-borne travel and leech-based medical treatment, have been replaced by improved models.

Jeffrey Toobin, writing in the New Yorker about whether the current dysfunction of the federal government might be due, at least in part, to the Constitution.

(Additional notable quotes from his interesting article, after the jump.)

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The front of the Supreme Court building: ‘Equal Justice Under Law.’ (Click to enlarge.)

Justice O’Connor, Justice Stevens, Ted Olson, David Boies, Jeffrey Toobin.

All of them were at the Supreme Court today, eager to hear what the Court had to say. New gay-marriage crusading BFFs Olson and Boies sat together. Also in attendance were lots of other fancy folks — like Solicitor General Don Verrilli and Nina Totenberg — who are there more often.

There’s nothing like late June at One First Street.

At the start of the day, 11 cases remained to be decided, four of them blockbusters. The issues on deck: the Defense of Marriage Act, Prop 8, the Voting Rights Act, and the University of Texas’s use of a form of affirmative action. Today, one of the big cases was resolved; with five others coming out, there are only six remaining.

Today, the Supreme Court, in an opinion by Justice Kennedy, addressed the University of Texas’s use of affirmative action. As the Chief Justice announced that Justice Kennedy had the opinion and would start reading it, a rush swept through the courtroom. People leaned forward. Papers rustled….

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Peter DevlinEd. note: This is the latest installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Peter J. Devlin, President and Chief Executive Officer of Fish & Richardson, assumed the firm’s top management position in 2000. Under his leadership, Fish has opened several new offices, expanded its burgeoning international practice, bolstered its reputation as a national firm at the pinnacle of the IP and business world, strengthened its financial performance, and positioned itself for further growth. Mr. Devlin’s law practice emphasizes client counseling in the areas of patent infringement and validity opinions, patent due diligence, product clearance, and licensing; and in U.S. and foreign patent prosecution, focusing on medical device technologies, electronics, and software. Before joining Fish, Mr. Devlin worked for Raytheon Company, first as an electrical engineer and then as a patent attorney.

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Ed. note: This is the latest installment of The ATL Interrogatories. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Larren Nashelsky is the chair of Morrison & Foerster. Prior to becoming chair, Mr. Nashelsky focused his practice on U.S. and international restructurings, including Chapter 11 reorganizations, workouts, restructurings, secured financings and distressed acquisitions and investments. Larren is a graduate of Hofstra University School of Law.

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How many push-ups can RBG do? Probably more than you can.

How do federal judges maintain taut abs and tight buns underneath their robes? They all have their own special methods.

For some, it’s about diet. Chief Judge Alex Kozinski, for example, has a four-word diet: “Few carbs, less sugar.”

Other judges believe in aerobic exercise. The ranks of runners include retired Justice David H. Souter, whose exercise regimen turned him into a judicial hottie (“Certiorari is GRANTED to that hot, lean body!”); Judge J. Harvie Wilkinson (4th Cir.), whose failure to cross train got critcized by President Bush during a Supreme Court interview; Judge Denny Chin (2d Cir.), a veteran marathoner; and Judge Diarmuid O’Scannlain (9th Cir.), my former boss.

But maybe running is for wimps? For the women of One First Street, weight training is the order of the day. Let’s meet the personal trainer helping two of the justices get HUGE….

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Pillsbury’s so lonely these days.

* “Without the formation of character, the rest is futile.” An Article III judge’s take on the law school crisis. [Simple Justice]

* Because nobody likes sloppy seconds, the merger talks between Pillsbury Winthrop and Dickstein Shapiro are now off the table. [Thomson Reuters News & Insight]

* David Tresch, an ex-Biglaw CIO, was indicted last week on wire fraud charges. “Bitch better give me back my money,” said Mayer Brown. [ABA Journal]

* Does Jeffrey Toobin understand the Voting Rights Act? This law professor seems skeptical. [PrawfsBlog]

* Praise the Lord and pass the ammunition, because this Saturday is Gun Appreciation Day. Go celebrate your Second Amendment rights — but do it responsibly, please! [Volokh Conspiracy]

* Remember Ryan Chenevert, the young lawyer who took home the title of Cosmo’s Bachelor of the Year for 2012? Check out the very tongue-in-cheek interview this hottie did with 225 Magazine, after the jump….

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* Better late than never: congratulations to everyone who passed the New Jersey bar exam. You’re just in time to get in on some Sandy class-action litigation. [New Jersey Board of Bar Examiners]

* Congratulations to all honorees from the National Asian Pacific American Bar Association conference in D.C. last weekend — including, but not limited to, the Best Lawyers Under 40. [NAPABA]

* And congrats to Professor Sherrilyn Ifill, incoming president and director-counsel of the NAACP Legal Defense & Educational Fund, Inc. [Concurring Opinions]

* Does every bra made in America have Gloria Allred’s phone number sewn into it? [WSJ Law Blog]

* Who is “Portfolio Manager A” in the latest major insider-trading scandal? [Dealbreaker]

* You don’t need to be a dog lover to find these allegations abhorrent. [Alabama Live]

* Want to avoid dating Democrats (or Republicans)? There’s an app — okay, two websites — for that. [Jezebel]

* After the jump, Jeffrey Toobin and Alan Dershowitz discuss Obamacare….

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Chief Justice Roberts: he ain’t evolving.

* In light of Chief Justice Roberts’s historic vote to uphold Obamacare, should we expect JGR to be more liberal going forward? According to Jeffrey Toobin, author of The Oath (affiliate link), “Do not expect a new John Roberts. Expect the conservative he has always been.” [Talking Points Memo via How Appealing]

* Law firm staff layoffs: they’re not just an American thing. Slaughter and May is dropping the ax on 28 secretaries. [Roll On Friday]

* “[A]ny robot or high school graduate can calculate numbers in a matrix to arrive at the highest possible sentence. But it takes a Judge — a man or woman tempered by experience in life and law — to properly judge another human being’s transgressions.” [Justice Building Blog]

* Professor Dershowitz’s $4 million Cambridge mansion? Robert Wenzel is not impressed: “if I lived in that house, I would want to attack Iran and most of the rest of the world, also.” [Economic Policy Journal]

* A man sues a strip club, alleging that a stripper ruptured his bladder when she slid down a pole and onto his abdomen. Ouch. [Legally Weird / Findlaw]

* Still on the subject of Torts, two attractive blonde sisters walk into a bar — and discuss who can be held liable if a man suffers a heart attack during a threesome. Video after the jump….

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