John Roberts

* Looks like an exciting day of digging through SCOTUS financial disclosures! [National Law Journal]

* Impeachment proceedings may never reach this point, but the risk that they might should have Chief Justice Roberts treading very lightly right now. [Take Care]

* When it comes to Brett Kavanaugh and Amy Chua, maybe naked displays of elitist favoritism is the whole point. [CNN]

* Law firm demand may not be growing but law firm pricing expert demand is booming. [Law360]

* If you’re still trying to figure out if there’s any legal justification for Donald Trump’s claim that everyone can take opposition research from foreign intelligence services… there isn’t any. [Politico]

* Greenberg Traurig has a new innovation subsidiary. Are ventures like these the new path to law firm disruption? [Law.com]

* New office leadership at multiple BSF offices. [American Lawyer]

* “President Trump views the Roberts Court as his potential, perhaps literal, ‘get out of jail free’ card.” While Trump thinks he’s got allies on the high court, Chief Justice Roberts has attempted to put the president in his place numerous times — to no apparent avail. [Washington Post]

* AG Bill Barr says he may not show up at this week’s Mueller report hearing before the House Judiciary Committee unless Chairman Jerry Nadler changes the proposed questioning format. Au contraire, says Nadler: “The witness is not going to tell the committee how to conduct its hearing, period.” [CNN]

* Former Deputy Attorney General Sally Yates, who was fired after refusing to defend the Muslim travel ban, says that the Trump would “likely be indicted on obstruction” if he weren’t president. [The Hill]

* In case you missed it, Anna Delvey-Sorokin, the “socialite” who skipped out on more than $250K in fees due to three Biglaw firms, was recently convicted on grand larceny charges. [American Lawyer]

* A former Baker & McKenzie paralegal who alleged she was sexually harassed, sued the firm for $200 million, and later withdrew her suit is now on the hook for $35,445 in attorneys’ fees after disobeying court orders to substantiate her claims. [Big Law Business]

* In the wake of Justice Anthony M. Kennedy’s retirement, I predicted that Chief Justice John Roberts, a staunch institutionalist when it comes to the Supreme Court, would serve as a moderating influence at SCOTUS — and so far that seems to be the case, with Adam Feldman noting a “a mild liberalizing over time” in JGR’s jurisprudence. [Empirical SCOTUS]

* Speaking of SCOTUS, it’s high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, according to Orin Kerr. [Volokh Conspiracy / Reason]

* The Trump Administration’s new executive order about free speech on university campuses might harm rather than help the cause of academic freedom, as Paul Horwitz points out. [PrawfsBlawg]

* Republicans aren’t the only ones with purity tests for judicial nominations; Demand Justice, a left-wing group focused on the federal judiciary, has high standards for Democratic opposition to Trump nominees. [Bench Memos / National Review]

* While you wait for the 2019 edition of Above the Law’s law school rankings, check out the latest installment of the “revealed preferences” law school rankings, by C.J. Ryan and Brian L. Frye. [SSRN]

* What’s next for Kira Systems, a leader in the world of legal AI? Co-founder and CEO Noah Waisberg isn’t resting on his laurels — and he’s putting that $50 million investment from last September to work. [Artificial Lawyer]

* Fastcase continues to forge new partnerships — and in its latest alliance, it will give its subscribers access to select titles from the American Bar Association (which, full disclosure, published my book (affiliate link) in 2014). [Dewey B Strategic]

* If you’ll be in New York this coming Wednesday, consider attending the inaugural Kenneth P. Thompson ’92 Lecture on Race and Criminal Justice Reform at NYU Law School, focused on wrongful convictions and the roles of prosecutors and others in the criminal justice system. [NYU Law]

* Paul Manafort is the Energizer Bunny of lying and he’d now botched his own plea deal. [Huffington Post]

* Apple attorney in charge of insider trading compliance charged with… insider trading. [Law360]

* John Roberts declared himself the First Amendment’s most passionate defender at the Supreme Court, which is absolutely true if you limit the First Amendment to political bribery and bigots with cake shops. [National Law Journal]

* EU adopts new copyright law! It’s… not good. [EFF]

* The Harvard admissions case — the Trojan horse action about gutting affirmative action programs — is now in the hands of Judge Allison Burroughs for the perfunctory first act on the road to a 5-4 Supreme Court opinion. [Law.com]

* Proskauer inches toward the $1B revenue mark. [American Lawyer]

* A review of Biglaw cafeterias in the UK. If any firms out there want Above the Law to duplicate this story here in America, feel free to give us a call. [Legal Cheek]

* Only four Supreme Court justices attended President Donald Trump’s State of the Union address last night. Chief Justice John Roberts was accompanied in the front row by Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh — who still likes beer, but was unable to participate in any #SOTU drinking games. [USA Today]

* Biglaw partnership classes are getting smaller and smaller, which is making it that much harder for women and minorities to advance at their firms. In fact, it’s becoming a scenario where “at the end of the day, when they look around and look at who’s now reached the level of seniority to be considered, they’re left with a lot of white men.” [American Lawyer]

* “I wouldn’t be surprised if the next industry to see a #MeToo movement would be in the legal industry.” It’s already happening, but it seems that the mainstream media is just now discovering that the legal profession is a prestigious breeding ground for sexual harassment. [CBS News]

* In case you missed it, earlier this week Justice Ruth Bader Ginsburg made her first public appearance since undergoing a pulmonary lobectomy in late December to attend “Notorious RBG in Song,” a concert written and performed by her daughter-in-law. [Big Law Business]

* Vanessa Tyson, the woman who’s accusing Virginia Lt. Governor Justin Fairfax of sexual misconduct, has hired the same law firm Dr. Christine Blasey Ford used to guide her through her testimony against Justice Brett Kavanaugh. [Salon]

* Florida Coastal Law is reportedly ditching its owner Infilaw and its status as a for-profit institution to join with a non-profit university partner. The school is also planning to double or triple its student base. We’ll have more on this later today. [Jacksonville Business Journal]

* Jerry Sandusky will be resentenced for his child sex abuse conviction, since he received a mandatory minimum sentence of 30-60 years, and it has since become unconstitutional for judges to impose sentences based on mandatory minimums. Keep in mind, his new sentence could very well be the exact same. [Reuters]

* It’s baaack: partisan gerrymandering returns to the Supreme Court — and in the view of veteran SCOTUS watcher Amy Howe, it’s unlikely that the justices will duck the merits this time around. [SCOTUSblog]

* Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason]

* Carrie Severino calls out Senate Democrats for their persistent — and in her view, unjustified — questioning of judicial nominees about their religious views and affiliations. [Bench Memos / National Review]

* Joel Cohen identifies an interesting issue: should a defendant prejudiced by government misconduct in a case receive a break at sentencing? [Law & Crime]

* Here are some highlights from Chief Justice John Roberts’s year-end report on the federal judiciary, courtesy of Howard Wasserman. [PrawfsBlawg]

* The new year is a time of beginnings — and endings. Concurring Opinions, you will be missed. [Concurring Opinions]

* Out of the mouths of babes federal judges: “Those conclusions – that the president’s statements on national security are not always to be taken literally or to be trusted – are legal victories for his Justice Department….” Did you think you’d ever see a something like this written about the U.S. president? That’s our Trump! [USA Today]

* A good New Year’s resolution for the federal judiciary? Chief Justice John Roberts says that while progress has been made when it comes to protecting law clerks from sexual harassment, “[t]he job is not finished until we have done all that we can to ensure that all of our employees are treated with fairness, dignity, and respect.” [Washington Post]

* The American Federation of Government Employees, a labor union for federal employees, has filed suit against the government, claiming that requiring essential employees to work without pay during the shutdown — an “inhumane” practice for people who don’t know when their next paycheck is coming — violates the Fair Labor Standards Act. [CNN]

* Barbara Underwood really made a name for herself during her short tenure as New York’s first female attorney general. After she was thrust into the role, she quickly began her assault against President Donald Trump, eventually taking down his charitable foundation after alleging that he was using it as a front for his his private businesses and political campaign. [NBC News]

* Yet again, it’s time for women in Biglaw to celebrate fractional achievements for gender equality. According the Diversity and Flexibility Alliance, 39 percent of new partners named at Am Law firms were women, which was a “slight uptick,” but “the numbers really haven’t changed that much in the last five years.” Hooray. [Big Law Business]

* It’s a new year, so you know there are going to be a bunch of interesting new laws. Here are just a few: In California, domestic-violence convicts can lose their gun rights for life; in Hawaii, physician-assisted suicide is now legal; in Virginia, legislators and their staff members must undergo mandatory sexual-harassment training; and in New York City, non-binary people can now list their gender as “X” on birth certificates. [Wall Street Journal]

* Michael Cohen: The Movie? Cooley Law’s most infamous graduate could soon be on the big screen, because Trump’s former lawyer/fixer and soon-to-be federal inmate was seen meeting “Pulp Fiction” and “Inglourious Basterds” producer Lawrence Bender. [Page Six]

* Judge Reed O’Connor has stayed his ill-conceived ruling that the Affordable Care Act is unconstitutional since many people have already purchased their health insurance plans. Gee thanks, Your Honor. How considerate! [National Law Journal]

* SCOTUS has kept a pretty low profile in the wake of Justice Brett Kavanaugh’s confirmation, but that may soon change thanks to the high-profile appeals the justices will be considering. Get ready for some dramatic 5-4 decisions. [Associated Press]

* Speaking of SCOTUS drama, perhaps you’ve been wondering why Chief Justice Roberts intervened in the Mueller investigation. Mueller’s team submitted its briefs on the matter on Friday night, so we’ll soon find out what’s going on. [POLITICO]

* There were a ton of pay equity disputes litigated in 2018, and you can probably expect to see even more in the year to come. In fact, the Supreme Court take a case on the gender-based salary differences soon. Stay tuned. [National Law Journal]

* “Big Law killed my husband.” For far too long, lawyers’ mental health was ignored, but the subject came to a head in 2018. Going forward, more attention will be paid to depression, substance abuse, and other problems lawyers face. [American Lawyer]

* Kevin Spacey was seen delivering pizza to paparazzi in Baltimore, Maryland, ahead of his arraignment for felony sexual assault next week. This is the first time he’s been seen in public since allegations of this kind were first revealed. [TMZ]

* A fantasy from the fevered imagination of Lawprofblawg: playing the role of the Grinch who stole meetings. [Lawprofblawg]

* Joel Cohen wonders: should jurors be instructed about the possible inaccuracy of descriptions of forensic evidence in “cop show” television programs? [Law and Crime]

* David Oscar Markus isn’t afraid to take on tough cases — like defending embattled Secretary Alex Acosta in the court of public opinion. [Miami Herald via SDFLA Blog]

* Former federal defender Stephen Cooper does not mince words: “The prospective gassing of human beings in Alabama is an abomination.” [Alabama Political Reporter]

* Jerry Goldfeder and Lincoln Mitchell offer up this hypothetical (which sounds far-fetched, but never say never given the times in which we live): “What if Trump loses but refuses to leave the White House?” [New York Daily News]

* Looking for a special present for the legal nerd in your life? In addition to the items featured in the Above the Law holiday gift guide, check out the latest edition of the Solicitor General’s Style Guide. [Amazon (affiliate link)]

* Speaking of the Supreme Court, Adam Feldman takes a data-driven look at the recent spat between President Donald Trump and Chief Justice John Roberts over partisanship in the federal judiciary. [Empirical SCOTUS]

* President Donald Trump claims that Michael Cohen lied under oath when he testified that Trump told him to violate campaign finance laws and that the allegations are “totally false.” Cohen’s attorney, Lanny Davis, has some words Trump ought to be concerned about: “audio and tape.” [USA Today]

* “I can fire him whenever I want to fire him, but I haven’t said that I was going to.” In other Trump-related news, the president has confirmed that Pat Cipollone will serve as his next White House counsel, and also confirmed that he’s still really pissed off at AG Jeff Sessions about the Mueller probe. [Associated Press]

* In the wake of Justice Brett Kavanaugh’s highly political confirmation hearing where he brought up Clinton conspiracies during his testimony, Chief Justice John Roberts really wants the American public to know that the judiciary “requires independence from the political branches.” Really. He pinky promises. [CNN]

* If you’re interested in learning what junior partners are making at Williams and Connolly, look no further than Fourth Circuit nominee Allison Jones Rushing’s financial disclosure form. The 2007 Duke Law graduate pulled in more than $650K during her first year as a partner at the firm. [National Law Journal]

* This ex-Foley & Lardner partner “should have known better” than to backdate documents, paste his clients’ signatures onto them, and mislead the IRS during an audit, so he’s been suspended from practicing law for two years. [American Lawyer]

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule. We’ll be back in full force tomorrow.

* In case you somehow missed it, Brett Kavanaugh, who is “totally brilliant” per President Trump, was confirmed to the Supreme Court in one of the closest votes in American history (50 to 48). He was sworn in shortly thereafter by Chief Justice John Roberts and the recently retired Justice Anthony M. Kennedy. [New York Times]

* It’s certainly worth mentioning that Chief Justice Roberts received judicial misconduct complaints from the D.C. Circuit about Kavanaugh’s hearing testimony, but he decided to not to do anything about them. Now, people are accusing Roberts of being involved in some sort of a Kavanuagh cover-up. [Washington Post]

* As Kavanaugh mentioned during his confirmation hearing, he’ll be the first Supreme Court justice to have four women law clerks. Counting his clerks, women will make up a majority of the Supreme Court’s clerks for the first time in history. Nice work, Justice Brett. At least he’s good for something. ¯\_(ツ)_/¯ [National Law Journal]

* “The women are against her.” How did Justice Ruth Bader Ginsburg become the feminist pop culture icon that we know and love today when she was almost bypassed for her SCOTUS nomination because women didn’t trust her? [New Yorker]

* We’ve got a situation! Jersey Shore cast member Mike “The Situation” Sorrentino will be heading to federal prison for eight months on tax evasion charges. Expect his co-stars to starting referring to him as “The Incarceration.” [Courthouse News]

* Having placed Justice Anthony Kennedy’s Supreme Court retirement in political context, let’s now put it into historical context. [Retropolis / Washington Post]

* This makes some folks quite upset, but there’s no denying it: the Roberts Court is now truly the Roberts Court (and he probably isn’t thrilled about it either). [Empirical SCOTUS]

* Kathryn Haun — a former Kennedy clerk, by the way — has parlayed her expertise in Bitcoin, developed during her years as a federal prosecutor, into a new position leading Andreessen Horowitz’s $300 million fund focusing on cryptocurrency-related startups. Congrats, Katie! [Axios]

* Let’s not forget about President Trump’s transformation of the lower federal courts — because it’s not just about SCOTUS. [The Takeaway / WNYC]

* Check out Susman Godfrey’s new mandatory retirement policy — could this become the industry standard? [Texas Lawyer]

* Yes, the First Amendment is awesome and all — but is it also encouraging errors in news reporting, as Charles Glasser suggests? [Daily Caller]

* Speaking of mistakes, Ed Whelan sets Ben Shapiro straight on Judge Brett Kavanaugh, a leading contender to replace Justice Kennedy. [Bench Memos / National Review]

* President Trump says he wants to pick a SCOTUS nominee who could serve on the Court for 40 years or more — and if you take the five youngest names on his list of 25, it’s entirely possible. [Althouse]

* This should come as no surprise, but now law firms are joining the chase after data scientists. [Artificial Lawyer]

* Congratulations to the Practising Law Institute (PLI) and Fastcase, innovators in their respective spaces, on their new alliance. [Dewey B Strategic]

* The Supreme Court will hear oral arguments today on the Trump travel ban case. What’s at stake here, aside from the high court potentially allowing the travel ban to become permanent? The legacy of the Roberts Court also hangs in the balance. A decision upholding the ban could very well be the next Dred Scott, Plessy, or Korematsu, and forever marring this Court’s record. [Take Care]

* Is AG Jeff Sessions recusing himself from the investigation into Michael Cohen, or isn’t he? According to the DOJ, Sessions isn’t involved in any investigations “related in any way to the campaigns for president,” but according to news sources, he hasn’t decided to recuse himself from the Cohen probe quite yet. [Politico; Bloomberg]

* Judge John Bates of the District of Columbia has ruled that the Trump administration’s decision to end the DACA program was “arbitrary and capricious” and “virtually unexplained,” and therefore “unlawful.” Judge Bates ordered that the government must not only continue DACA, but accept new applicants. He stayed his ruling for 90 days to give DHS a chance to explain itself. [Washington Post]

* Kyle Duncan, President Trump’s fifteenth federal appeals court nominee who’s known for litigating disputes involving voter ID requirements, same-sex marriage bans, transgender bathroom access, and the Affordable Care Act’s contraceptive mandate, was very narrowly confirmed to the Fifth Circuit. [Big Law Business]

* According to the Harvard Law Women’s Law Association, there’s a glass ceiling at the school. The faculty is “overwhelmingly male,” and the administration is “turning a blind eye” to the success of women once they’re enrolled. Something has to change so women can achieve as much success as their male classmates. [Harvard Law Record]