John Roberts

Morning Docket

Morning Docket: 12.31.18

* 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]

By Staci Zaretsky
Non-Sequiturs

Non Sequiturs: 12.09.18

* 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]

By David Lat
Morning Docket

Morning Docket: 10.17.18

* 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]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.08.18

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]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 07.01.18

* 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]

By David Lat
Morning Docket

Morning Docket: 04.25.18

* 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]

By Staci Zaretsky
Morning Docket

Morning Docket: 02.09.18

* Will Chief Justice John Roberts be asked to testify before Congress for his role as the appointer of judges for the Foreign Intelligence Surveillance Court? According to House Intelligence Committee chairman Devin Nunes (R-Calif.), it could happen, even though they "don’t know the correct way to proceed because of the separation of powers issue." [National Law Journal] * Quinn Emanuel's Bill Burck is representing two Trump administration rejects (Steve Bannon and Reince Priebus) and a current major player in the Trump administration (Don McGahn), all at the same time. The discussion about whether there's any conflict of interest here between Burck's triple-play is pretty interesting. [American Lawyer] * Sigfredo Garcia and Katherine Magbanua, who are both currently waiting to stand trial for the murder of Florida State Law Professor Dan Markel, are now facing some additional charges. The pair now face counts of conspiracy and solicitation to commit murder. We wonder when either of them will take a plea. [Tallahassee Democrat] * In case you missed it, in a world first, Bermuda will be abolishing same-sex marriage, after legalizing same-sex marriage just one year ago. Same-sex marriages will now be referred to as domestic partnerships, conferring all the same rights that married couples have, but without the legal title. [Washington Post] * Do you know this man? For years and years, this man's portrait has been hanging outside the chief justice's chambers at the Massachusetts Supreme Judicial Court, but no one has any idea who he is. Help name this mystery justice and win a prize! [AP]

By Staci Zaretsky
Morning Docket

Morning Docket: 02.02.18

* In case you missed it, Linda Greenhouse of the New York Times has noticed a trend when it comes to Chief Justice Roberts and who he's been aligning himself with at the Supreme Court. He may not yet be a moderate, but he seems to be shying away from "the reliably right-wing triumvirate" of Justices Thomas, Alito, and Gorsuch. [New York Times] * “The document speaks for itself.” All three of former Trump campaign aide Rick Gates’s lawyers are withdrawing as counsel, and will only explain why in documents filed under seal. Only his Biglaw attorney who is known for his plea deals remains. Gates is under indictment in special counsel Robert Mueller’s Russia investigation. [POLITICO] * According to the latest year-end report from the Wells Fargo Private Bank’s Legal Specialty Group, law firm revenue and profits were up in 2017, and demand had increased for legal services. As usual, the most profitable firms at the top of the market outperformed their smaller counterparts. [American Lawyer] * Trump administration policies having to do with immigration, specifically the H-1B visa program for foreign workers, may force many Biglaw firms to move to their practices to the cloud sooner than they would have liked. In times of "political uncertainty" like these, Biglaw can't rely on "offshore labor arbitrage" for IT outsourcing. [TechTarget] * The GC of the American Red Cross has resigned following the publication of a report that he praised a former colleague who was the subject of an internal investigation and pushed out of the organization for alleged instances sexual misconduct. [Corporate Counsel] * Disgusting: A Georgia lawyer who asked a witness to recant an eyewitness account of her son's molestation has politely gave up his license to practice law after pleading guilty to felony witness tampering and attempting to suborn perjury. [Big Law Business]

By Staci Zaretsky
Morning Docket

Morning Docket: 01.02.18

* Matthew Riehl, the gunman in the Colorado shooting this weekend who killed a deputy sheriff and wounded four police officers and two civilians, was a former lawyer in Wyoming whose alma mater, Wyoming Law, warned students about his "suspicious behavior" in early November. [Denver Post; Laramie Live] * In his 2017 State of the Judiciary Report, Chief Justice John Roberts focused on court emergency preparedness, but included an addendum about sexual harassment within the judiciary, announcing that proper procedures must be in place to "ensure an exemplary workplace for every judge and every court employee." No mention of the recently retired Judge Alex Kozinski was made. [Washington Post] * Joel Sanders, the former CFO of failed firm Dewey & LeBoeuf who was convicted on securities fraud and conspiracy charges, has reached a settlement with the SEC, but the agency will move forward with proceedings against Stephen DiCarmine, the firm's ex-executive director. [New York Law Journal] * As usual, the new year brings with it a slew of new laws. In some states, voter ID laws will go into effect, while in others, police won't be able to arrest people for immigration enforcement purposes. Plus, pets will be treated more like children after divorces in at least one state. [CNN] * Speaking of new laws, marijuana is now fully legal in California, and if you're 21 or older, you can now purchase and possess up to an ounce for recreational use. This a "monumental moment" for the Golden State, but don't forget that the Feds still consider the drug to be an illegal Schedule I narcotic. [Los Angeles Times]

By Staci Zaretsky