Nuclear Option
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Politics, Supreme Court
Court Packing Is The Way To Save The Court From The U.S. Senate
We need a few more justices to restore balance to the process. -
Supreme Court
The Nuclear Age: The Supreme Court May Never Be The Same
Frankly, we'll be lucky if this is the worst occasion we have to use the word "nuclear" before this presidency ends. - Sponsored
Profit Powerhouse: Elevating Law Firm Financial Performance
In this CLE-eligible webinar on April 10th, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Non-Sequiturs
Non-Sequiturs: 04.05.17
* Closer, but still not equal pay. (Yes, that still matters because we aren’t idiot goldfish who can’t possibly concentrate on more than one sh*tty thing that’s happening at a time.) [Deadspin]
* Neil Gorsuch’s writing deserves an F. [Law and More]
* Is there really an upside to the nuclear option for Democrats? [Slate]
* Because it might turn out to bite Republicans in the ass. [Huffington Post]
* The differences between this SCOTUS confirmation process and others. [Empirical SCOTUS]
* So, you’ve started your own law firm. Great! But now you have to hire your first employee… [Reboot Your Law Practice]
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Morning Docket
Morning Docket: 04.05.17
* Talk about an alleged fashion faux pas! LuLaRoe, the maker of the “buttery-soft” leggings that have taken the internet by storm, is facing a class-action lawsuit over the quality of the company’s leggings. Plaintiffs claim that the leggings as “tear[] as easily as wet toilet paper.” LuLaRoe, of course, has stated that the allegations are “completely without merit.” [BuzzFeed]
* “There’s a reason they call it the nuclear option, and that is because there’s fallout. And this fallout will be dangerously and perhaps disastrously radioactive for the Senate for years to come.” Senate Majority Leader Mitch McConnell has set a vote to change Senate rules in order to confirm Supreme Court nominee Judge Neil Gorsuch. [Reuters]
* In a landmark en banc decision, the Seventh Circuit reversed itself and ruled that the Civil Rights Act of 1964 protects LGBT employees from workplace discrimination on the basis of sexual orientation. This is not only the first time in history that a federal appellate court has come to this conclusion, but it also creates a split from a recent Eleventh Circuit opinion. This will likely be heard by the Supreme Court. [TIME]
* Squire Patton Boggs has formed an alliance with Donald Trump’s longtime personal attorney, Michael Cohen, who credits himself as the one who convinced the president to run for office. At this time, it’s unclear what exactly Cohen will be doing for the firm, but he’ll be working from the firm’s offices in New York, London, and D.C. [WSJ Law Blog]
* Dislike: Facebook must turn over digital information from almost 400 user accounts following its failed bid at the New York Court of Appeals to appeal a bulk warrant on privacy grounds. A lone judge dissented, bemoaning the fact that the high court punted on a case that could have disastrous effects on civil liberties. [New York Daily News]
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Non-Sequiturs
Non-Sequiturs: 03.30.17
* Thanks to Senator Joe Manchin of West Virginia, Judge Neil Gorsuch’s Supreme Court nomination now enjoys bipartisan support in the Senate. [The Hill]
* But the “nuclear option” isn’t off the table — and here’s how to explain it to your non-lawyer friends and relatives. [GQ]
* Speaking of SCOTUS, how often do you see a separate opinion written by Justice Sotomayor and joined by… Justice Alito? [How Appealing]
* And don’t look for either justice in Adam Feldman’s discussion of the most powerful Supreme Court justices of all time. [Empirical SCOTUS]
* Thinking of (debt financing) a law degree? Use this handy student loan calculator to crunch the numbers first. [AccessLex]
* A big issue in international and maritime law: control over the South China Sea. [Instapundit]
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Confirmations, Supreme Court
Gorsuch Will Be Confirmed On April 7, Per Senate Majority Leader
Will the Republicans have to go nuclear for this to happen? -
Justice, Politics, SCOTUS, Supreme Court
Republicans Can Bust The Gorsuch Filibuster, But Can They Take What Happens Next?
The Democrats had to filibuster. The Republicans left them with literally no other choice. -
4th Circuit, Barack Obama, Basketball, General Counsel, Guns / Firearms, Non-Sequiturs, Politics, Sports
Non-Sequiturs: 07.29.14
* The NRA’s general counsel was once convicted of murder. What’s the phrase? If you outlaw guns, only general counsel will have guns… [Mother Jones] * Seattle is looking for people donating skulls to Goodwill. Wow, if Jeffrey Dahmer had only known there was a charitable tax write-off available. [Lowering the Bar] * “A domestic helper has appeared in court accused of trying to injure her employer by mixing her menstrual blood in a pot of vegetables she was cooking.” Eww. [Legal Juice] * Can Congress sue the president? Here are multiple takes. [The Volokh Conspiracy / Washington Post] * As the confirmation of Pamela Harris to the Fourth Circuit reminds us, “that whole nuclear option has really worked out.” So far. [Huffington Post] * Money magazine is looking to create a ranking of undergraduate schools heavy on outcome-based factors. If you need any hints on how to do it, let us know. [The Chronicle of Higher Education] * Donald Sterling has lost, which is something he knows a lot about from his years of owning the Clippers. Here’s Mitchell Epner’s review of the ruling and its appealability. [CNBC] - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Akhil Amar, Constitutional Law, Jeffrey Toobin, Law Professors, New Yorker, Noah Feldman, Orrin Hatch, Politics, Quote of the Day, Sanford Levinson
We The People... Can Do Better?
Is the Constitution to blame for the current political dysfunction? -
Airplanes / Aviation, Antitrust, Attorney Misconduct, Canada, Dewey & LeBoeuf, Federal Judges, Guns / Firearms, Legal Ethics, Morning Docket, Politics, Ruth Bader Ginsburg, S.D.N.Y., SCOTUS, Stephen Breyer, Supreme Court, U.S. Attorneys Offices
Morning Docket: 12.02.13
* What led the Senate Democrats to go nuclear? [New York Times]
* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]
* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]
* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]
* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]
* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]
* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]
* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]
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4th Circuit, Federal Judges, J. Harvie Wilkinson III, Judicial Nominations, Politics, Quote of the Day, Washington Post
And Was His Honor 'Stoked' As Well?
What does a prominent federal judge think of the end of the filibuster for most presidential nominees? -
Constitutional Law, D.C. Circuit, Federal Judges, Judicial Nominations, Politics, R. Ted Cruz, SCOTUS, Supreme Court
And Boom Goes The (Nuclear) Dynamite: Previewing The Derptastic Sound Bytes You're About To Hear
Senator Harry Reid finally invokes the so-called "nuclear option" to get President Obama's nominees on the D.C. Circuit. Here comes the combative spin.