Obamacare

  • Morning Docket: 06.18.21
    Morning Docket

    Morning Docket: 06.18.21

    * Kanye West allegedly called his lawyer “f*cking stupid” and stormed out of a hearing. Sounds pretty “heartless“… [Sun]

    * Meet the former lawyer who started a successful accessories brand. [Cut]

    * The Supreme Court has tossed a lawsuit challenging Obamacare. [Politico]

    * Lawyers for Elizabeth Holmes, the founder of Theranos, are not happy with the judge’s changes to a jury questionnaire in Holmes’s criminal case. [Yahoo News]

    * A Long Island judge is accused of shoving a lawyer and calling another one “anti-Semitic.” You’d expect someone from “Strong” Island to have a lot of personality… [New York Post]

  • Morning Docket: 04.05.21
    Morning Docket

    Morning Docket: 04.05.21

    * A law firm suing New York delis and restaurants for purported wage violations allegedly used inaccurate work records. Guess it is alleged they are full of bologna… [New York Post]

    * A defaced billboard for a New Orleans attorney claims the lawyer is a bad restaurant tipper. [Newsweek]

    * A lawyer accidentally locked himself in handcuffs while preparing for a demonstration in a murder case and then realized he didn’t have the key. Got to hand it to the attorney for his dedication. [Times]

    * There may be new attacks on Obamacare at the Supreme Court. [Vox]

    * CBS Studios says a lawsuit over the rebooted MacGyver series “suffers from fatal, incurable deficiencies.” Nothing a pocket knife and some duct tape can’t fix… [Deadline]

  • Morning Docket: 07.10.19
    Morning Docket

    Morning Docket: 07.10.19

    * Remember how AG Bill Barr announced that lawyers would be getting swapped out on the census citizenship case? This federal judge has rejected the change because the DOJ “provide[d] no reasons, let alone ‘satisfactory reasons,’ for the substitution of counsel.” [New York Law Journal]

    * After two hours of oral argument, judges on the Fifth Circuit seemed unsure of whether the Affordable Care Act would live to see another day. This case is likely headed to the Supreme Court no matter what, as health insurance for 20 million people protections for pre-existing conditions are in the crossfire. [POLITICO]

    * Daniel Bress of Kirkland & Ellis was confirmed to the Ninth Circuit (or the “9th Circus,” as President Trump once referred to the appellate court) in a party-line vote. He’ll replace the disgraced Alex Kozinski, who resigned in 2017 amid allegations of sexual misconduct. [Washington Post]

    * Chief Justice Leo Strine of the Delaware Supreme Court will be retiring at the end of October, leaving time for Governor John Carney to select a replacement for the man who shaped the law on takeovers. [Reuters]

    * Jeffrey McIntyre, a partner at Husch Blackwell, left the firm after he was reprimanded by the Wisconsin Supreme Court for punching a bar manager in the face and driving while intoxicated, both of which he was charged for and submitted guilty pleas. [Wisconsin State Journal; ABA Journal]

  • Non Sequiturs: 04.07.19
    Non-Sequiturs

    Non Sequiturs: 04.07.19

    * Where does Justice Brett Kavanaugh fit along the ideological spectrum at the Supreme Court? Adam Feldman evaluates the evidence thus far. [Empirical SCOTUS]

    * Speaking of SCOTUS, Frank Pasquale takes Neal Devins and Lawrence Baum’s new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (affiliate link), as a jumping-off point for exploring the political polarization of SCOTUS. [Balkinization]

    * Texas v. Azar, the Obamacare case now pending before the Fifth Circuit, makes for unusual alliances — how often do you see Jonathan Adler, Nick Bagley, Abbe Gluck, and Ilya Somin on the same amicus brief? [Take Care]

    * David Bernstein offers some thoughtful reflections — with which I happen to agree — on how some conservatives responded to the nominations of Neomi Rao and Jessie Liu. [Volokh Conspiracy / Reason]

    * Joel Cohen has a question about Robert Mueller: “What did he know, and when did he know it?” [The Hill]

    * And Cohen also has this interesting interview with Justice David Wecht of the Pennsylvania Supreme Court, about an important (and disturbing) subject: the recent rise in anti-Semitism, in America and abroad. [Tablet]

    * If you share my interest in litigation finance, then you might be interested in this great new resource: a comprehensive digital library of documents relating to the litigation-funding industry. [Litigation Finance Journal]

    * What trends and technology will shape the future of the legal profession? Jean O’Grady discusses highlights from a new report by Wolters Kluwer. [Dewey B Strategic]

  • Morning Docket: 04.02.19
    Morning Docket

    Morning Docket: 04.02.19

    * “I am managing partner Clifford Chance and I just need your help and bank account to move my book of business out of the country.” [Legal Cheek]

    * Biglaw age discrimination suit moves forward. [New York Law Journal]

    * Teddy Cruz sues to challenge law to prevent the kind of campaign from doing the entirely shady thing his campaign wants to do. [Courthouse News Service]

    * Even GOP lawyers think killing Obamacare is a terrible idea. [Huffington Post]

    * Law school deans stepping down all over the place. [Law.com]

    * The Mueller investigation may be over, but we can still have fun playing “Guess the Mystery Subpoena!” [National Law Journal]

    * Kasowitz losing real estate partners but insists there’s nothing to see here. [American Lawyer]

    * Racist algorithms in the crosshairs. [Law360]

  • Non Sequiturs: 03.31.19
    Non-Sequiturs

    Non Sequiturs: 03.31.19

    * Even Jonathan Adler, no fan of Obamacare, can’t support the Justice Department’s shift of position in the ongoing Affordable Care Act litigation out of Texas. [Volokh Conspiracy / Reason]

    * John Lauro continues to protect the reputation of his client Wendi Adelson, ex-wife of murdered law professor Dan Markel. [2paragraphs]

    * Meanwhile, another player in the Dan Markel case — David Oscar Markus, counsel to Charlie Adelson — argues that Attorney General William Barr and Deputy Attorney General Rod Rosenstein made the right call on obstruction of justice. [The Hill]

    * Speaking of the Mueller investigation, Brianne Gorod points out that Congress has the power to ask the district court to release grand jury transcripts and related information from the case. [Take Care]

    * Whether or not you agree with Senator Marco Rubio’s proposed constitutional amendment to fix the size of the U.S. Supreme Court at nine justices, it’s not a bad idea to think about possible ways to restructure SCOTUS — as Gordon Renneisen does here. [Law360]

    * Meanwhile, as the Court grapples with the cross-shaped war memorial case this Term, Rick Garnett wonders: can a liberal state favor one religion over others? [First Things via PrawfsBlawg]

    * Legal tech M&A activity continues apace, with vLex’s acquisition of Justis. [Artificial Lawyer]

  • Non Sequiturs: 12.16.18
    Non-Sequiturs

    Non Sequiturs: 12.16.18

    * In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year’s tax reform that reduced the ACA’s “shared responsibility payment” for lacking health-care coverage to zero. [MedCity News]

    * Josh Blackman agrees with Judge O’Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy]

    * Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn’t issue a national injunction. [Reason / Volokh Conspiracy]

    * Adam Feldman takes a closer look at the Federal Circuit’s relationship to the Supreme Court — including which members of the Federal Circuit are most frequently vindicated by SCOTUS. [Empirical SCOTUS]

    * Carrie Severino shares the disappointment of her former boss, Justice Thomas, in Chief Justice Roberts and Justice Kavanaugh voting against certiorari in Gee v. Planned Parenthood of Gulf Coast. [Bench Memos / National Review]

    * Eric Turkewitz calls out members of the media for misreporting on a routine trip-and-fall case because they don’t like the plaintiff’s famous father. [New York Personal Injury Law Blog]

    * Oakland is going on the offensive against the NFL, firing off a 49-page complaint signed by James Quinn of Berg & Androphy, among others. [The MMQB / Sports Illustrated]

    * Speaking of Berg & Androphy, name partner David Berg offers expert insights on what it takes to win as a trial lawyer. [YouTube]

  • Non-Sequiturs: 09.09.18
    Non-Sequiturs

    Non-Sequiturs: 09.09.18

    * Here’s the truth behind what some saw as Zina Bash making a “white power” sign at the confirmation hearings of her former boss, Judge Brett Kavanaugh. [Washington Post]

    * With the Kavanaugh confirmation hearings in the rearview mirror, now is a good time to look back at the last four Supreme Court confirmation hearings. [Empirical SCOTUS]

    * Thomas Jipping summarizes research showing that the American Bar Association does tilt leftward in rating judicial nominees — which is why its unanimous “well qualified” rating for Judge Brett Kavanaugh is especially impressive. [Bench Memos / National Review]

    * Jonathan Adler argues that claims of a Justice Kavanaugh threatening the Affordable Care Act aka Obamacare have been greatly exaggerated. [Volokh Conspiracy / Reason]

    * But a Justice Kavanaugh likely would affect the Supreme Court’s jurisprudence on presidential authority and the separation of powers. [Instapundit]

    * Speaking of the Supreme Court, conservative (and tiny) Hillsdale College punches above its weight in producing SCOTUS clerks — so Paul Rahe wants to know, why can’t his school get any love from the U.S. News Wall Street Journal rankings? [Ricochet]

    * President Donald Trump’s “radically direct” tweets about pending prosecutions threaten the rule of law, according to Gerald Lefcourt and Joel Cohen. [Law & Crime]

    * Legal research smackdown: Lexis v. Casetext! [Dewey B Strategic]

    * And in other notable news from the world of legal tech, iManage just acquired business-process company Elegrity, which works in the risk and compliance management space. [Artificial Lawyer]

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  • Non-Sequiturs: 06.17.18
    Non-Sequiturs

    Non-Sequiturs: 06.17.18

    * Are you paying too much in mutual-fund fees? If you’re paying more than zero, then yes — or so argue Professors William Birdthistle and Daniel Hemel in this interesting and persuasive op-ed. [Wall Street Journal]

    * James Comey, FBI director turned author (affiliate link), responds to the criticisms of him in the Inspector General’s report. [Althouse]

    * It’s complicated — but just how complicated? Adam Feldman uses word counts and citations to measure opinion complexity during the current Term of the Supreme Court. [Empirical SCOTUS]

    * Judge Alex Kozinski (Ret.) pays tribute to the memory of his late colleague on the Ninth Circuit, Judge Stephen Reinhardt. [Concurring Opinions]

    * If you’re confused by why the latest Obamacare litigation over the individual mandate matters, since the mandate was rendered toothless by the recent tax reform, Professor Ilya Somin can help. [Volokh Conspiracy / Reason]

    * Ethics expert Steven Lubet reviews Ryan Holiday’s book (affiliate link) about the Hulk Hogan/Gawker case — and argues that Peter Thiel’s financing of the litigation might have violated legal ethics. [American Prospect via PrawfsBlawg]

    * Thomson Reuters, a leader in applying artificial intelligence in the law — we’re partnering with them on our Law2020 series, exploring how AI is affecting the legal profession — also utilizes machine learning to help people trade cryptocurrencies (among many other use cases). [Artificial Lawyer]

  • Non-Sequiturs: 03.04.18
    Non-Sequiturs

    Non-Sequiturs: 03.04.18

    * Which Supreme Court justice wrote the most dissents over the last 30 or so years? The answer might surprise you. (My guesses came in second and third.) [Empirical SCOTUS]

    * Does the latest constitutional challenge to Obamacare have merit? The 20 states are right on one issue and wrong on another, Ilya Somin explains. [Volokh Conspiracy / Reason]

    * Ann Althouse makes the case against To Kill A Mockingbird. [Althouse]

    * Litigation finance and class actions: two great tastes that taste great together? Professor Brian Fitzpatrick breaks it down. [SSRN]

    * Artificial intelligence is all the rage, but what should lawyers actually look for when it comes to AI-enabled products? Daniel Lewis, co-founder of Ravel Law (now part of LexisNexis), offers his insights. [Dewey B Strategic]

    * As a new dad, I find the notion of prosecuting a parent for improper car-seat installation deeply disturbing — especially after the defendant mom lost her daughter, an already horrific punishment for that mistake. [Slate]

    * Has the Trump Administration drained the swamp, or made it more swampy than ever? The latter — at least if you view Biglaw partners as swamp creatures. [The Nation]

    * Utah legislators try their hand at “Schoolhouse Rock,” and the result is… something. [Twitter (@RobertMaguire_)]

    * Another interesting use case for blockchain: solving IP challenges. [Artificial Lawyer]

  • Morning Docket: 09.27.17
    Morning Docket

    Morning Docket: 09.27.17

    * Former Alabama Supreme Court Justice Roy Moore has won the Republican primary runoff election for the Senate seat that was once occupied by AG Jeff Sessions. Perhaps we can look forward to history repeating itself and Moore being twice suspended if he wins the special election. [New York Times]

    * Senate Republicans don’t have the votes for the Graham-Cassidy effort to repeal Obamacare to pass, but not to worry, because they’ll be back at it again soon via the 2019 budget reconciliation process, and next time, they’re going to be transparent, hold committee hearings, and even consult Democrats. [CNN]

    * The Trump administration’s Department of Homeland Security has refused to waive Jones Act shipping restrictions that are preventing Puerto Rico from getting the gasoline and supplies that are so desperately needed for the island’s recovery efforts following Hurricane Maria. Senator John McCain is pissed, and says it’s time to repeal the “archaic and burdensome” Act. [Reuters]

    * Freedom hangs in the balance for Making a Murderer’s Brendan Dassey, whose case was heard before the full Seventh Circuit yesterday. According to court watchers, the judges seemed split, and we can’t help but to wonder what Judge Richard Posner would have thought. [Milwaukee Journal-Sentinel]

    * Irell & Manella’s Andrei Iancu, President Trump’s pick to lead the U.S. Patent and Trademark Office, is awaiting confirmation. There’s no better way to bide our time while we wait than to discuss the fact that he’d been pulling down a $4 million paycheck at the firm. We’ll have more on this later. [Am Law Daily]

    * “How can you expect companies to do the right thing when you[r] agency has not?” U.S. Securities and Exchange Commission Chairman Jay Clayton is taking heat over the fact that his agency was hacked in 2016, but nothing was mentioned about it until last week. He’s set a great example. [Big Law Business]

    * According to a recent study, no matter what women do, in most cases, they’ll continue to earn less than men. The ban on asking employees about their salary history is doing nothing for women; in fact, they’re being penalized for refusing to disclose their salaries, while men are being rewarded. [The Careerist]

  • Non-Sequiturs: 08.10.17
    Non-Sequiturs

    Non-Sequiturs: 08.10.17

    * Anthony Scaramucci may be out of the White House, but he isn’t off Twitter. [Slate]

    * A GOP donor has filed a lawsuit over the party’s inability to repeal Obamacare. Shocker — Trump agrees with the suit. [Salon]

    * Interesting podcast exploring career options in the law. [Legal Executive Institute]

    * Money is the big downside for lawyers considering a career in politics. [Law and More]

    * Assessing the threats to constitutional democracy. [Dorf on Law]

    * More justifications for going to law school. [TaxProf Blog]

    * The new normal: the horrors never stop. [The Hill]

    * Which countries have blasphemy laws on the books? [Volokh Conspiracy]

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  • Non-Sequiturs: 08.03.17
    Non-Sequiturs

    Non-Sequiturs: 08.03.17

    * You can shake a female co-worker’s hand and not get cooties, I promise. [Adequate Man]

    * Why did you decide to go to law school? [Corporette]

    * A Freedom of Information Act request has revealed the stunning way the Department of Homeland Security ordered its agents to treat Congresspeople and lawyers in the aftermath of the travel ban. [Daily Beast]

    * How will you survive if your legal job is replaced by artificial intelligence? [Law and More]

    * Oliver Stone has gotten to the CIA. [Politico]

    * Like true crime TV shows? You’ll appreciate Netflix’s new spoof. [Salon]

    * The Trump administration does not understand the whole concept of popularity. [Lawyers, Guns & Money]

    * Who can help Governor Cuomo solve his transit woes? [Cityland]

  • Morning Docket: 07.28.17
    Morning Docket

    Morning Docket: 07.28.17

    * The Senate rejects the latest GOP effort to repeal the Affordable Care Act — with Senator John McCain casting the decisive “no” vote. [Washington Post]

    * Riley Safer Holmes and Cancila continues its rapid expansion, adding 13 new lawyers — including eight from Bryan Cave, led by former managing partner Joseph McCoy. [Law360]

    * More bad news for the LGBT community from the Trump administration: the Justice Department takes the position that Title VII doesn’t cover discrimination on the basis of sexual orientation. [How Appealing]

    * Meanwhile, civil rights and LGBT groups get ready to file suit if President Trump’s plan to ban transgender people from the military becomes a reality (which is not yet the case). [National Law Journal]

    * And these groups might just prevail — Michael Richter and Anna Pohl, chairs of the New York City Bar Association’s Military Affairs and LGBT Rights Committees, lay out the case for why the transgender ban is unconstitutional. [The Hill]

    * Stephanie Francis Ward takes a long, hard look at the woes of Charlotte School of Law — and the rest of the beleaguered Infilaw consortium of law schools. [ABA Journal]

    * Closing statements in the Martin Shkreli case paint very different pictures of the infamous “Pharma Bro.” [Law.com]

    * Nuisance claims, or nuisance suits? Judge James Donato (N.D. Cal.) seems skeptical of a purported class-action case targeting Pokémon GO (which recently added Legendaries to the game). [The Recorder]

  • Morning Docket

    Morning Docket: 07.07.17

    * Another day, another notable immigration ruling from the Ninth Circuit (by the great liberal lion, Judge Stephen Reinhardt, joined by his brilliant ideological protégé, Judge Marsha Berzon). [How Appealing]

    * The sexual assault case against Bill Cosby, which previously ended in a mistrial after the jury deadlocked, will be retried in November. [Philadelphia Inquirer]

    * Why do associates leave Biglaw, and what can be done to reduce attrition? Insights from NALP and from Major Lindsey & Africa’s Tina Cohen and Jennifer Henderson. [ABA Journal]

    * Law firm merger mania continues — and much of the action is taking place abroad. [Law.com]

    * Senator Kamala Harris, prominent prosecutor turned politician, might get interrupted on occasion — but she will not be stopped. [New York Times]

    * Linda Greenhouse wonders about Justice Neil Gorsuch: “How could the folksy ‘Mr. Smith Goes to the Senate Judiciary Committee’ morph so quickly into Donald Trump’s life-tenured judicial avatar?” [New York Times via How Appealing]

    * Senate Majority Leader Mitch McConnell acknowledges that the Republicans might not be able to repeal Obamacare right now — and that an interim solution might be needed. [The Hill]

    * For interested readers, here’s the “origin story” of Above the Law, which turns 11 next month. [Yale Alumni Association of New York]

  • Non-Sequiturs: 06.22.17
    Non-Sequiturs

    Non-Sequiturs: 06.22.17

    * Senate Republicans take another step forward on repealing the Affordable Care Act aka Obamacare. [MedCity News]

    * Shocker: President Donald Trump has no “tapes” of his conversations with James Comey. [Talking Points Memo]

    * Our own Elie Mystal breaks down this morning’s Supreme Court decisions, in conversation with Brian Lehrer of WNYC. [WNYC]

    * And if you want to read the SCOTUS rulings for yourself, Howard Bashman has links to all of them. [How Appealing]

    * Professor Ilya Somin explains how zoning and other land use controls exacerbate the affordable housing crisis. [Volokh Conspiracy / Washington Post]

    * Professor Richard Re argues that Bivens isn’t dead — at least not yet. [PrawfsBlawg]

    * A great profile of a great rainmaker: Bill Carmody of Susman Godfrey. [Lawdragon]

    * A Thomson Reuters tool that takes torture out of timekeeping. [LawSites]

  • Morning Docket: 05.03.17
    Morning Docket

    Morning Docket: 05.03.17

    * The Jeff Sessions Justice Department will decline to bring charges against Baton Rogue police officers involved in the death of Alton Sterling. The shooting of Sterling was caught on videotape and led to protests last summer. [Washington Post]

    * A new lawsuit alleges a funeral home in Mississippi refused to cremate a man’s husband because he was gay. [CNN]

    * Is Apple prepping for a massive acquisition? Let the guessing game begin. [LA Times]

    * A judge has ruled that a defamation suit against CNN will go forward. The allegations surround a story about infant mortality at a Florida hospital. [Law.com]

    * The machinations behind the latest push to repeal and replace Obamacare have hit a snag over preexisting conditions. [New York Times]

    * The United States may pull out of the climate change Paris Agreement as early as next week. [Huffington Post]

  • Morning Docket: 03.26.17
    Morning Docket

    Morning Docket: 03.26.17

    * “I’m guessing they have had a number of long days and potentially sleepless nights.” The government lawyers behind the efforts to repeal the Affordable Care Act and replace it with the American Health Care Act have had a rough go of things. Who are they, which law schools did they attend, and which Biglaw firms did they work for before becoming Hill lawyers? [National Law Journal]

    * Don’t forget about Merrick: A third of Democratic senators have pledged to vote against confirming Supreme Court nominee Judge Neil Gorsuch. At this time, it remains unclear as to whether there will be a united effort by Democrats to oppose his confirmation when the Senate Judiciary Committee votes on April 3. [Reuters]

    * Guess who isn’t boycotting Hawaii? People who apparently have a vendetta against this federal jurist. Judge Derrick Watson of the District of Hawaii has been receiving death threats ever since he blocked President Donald Trump’s revised travel ban on March 15. He is now receiving 24-hour protection from the U.S. Marshals Service. [The Hill]

    * The Second Circuit has upheld New York’s ban on non-lawyers investing in law firms. Personal injury firm Jacoby & Meyers argued that the state’s prohibition on non-lawyer investment violated lawyers’ First Amendment right to associate with clients, but the court found that connection to be “simply too attenuated.” [New York Law Journal]

    * Ithaca may be gorges, but it can’t compete with the Big Apple with it comes to hands-on learning about issues dealing with cutting-edge tech. Cornell Law is launching a semester-long Program in Information and Technology Law at its Tech campus on Roosevelt Island in New York City that’s slated to begin in Spring 2018. [WSJ Law Blog]

    * Judge Edward J. McManus, the longest serving of any incumbent judge in the United States (and third-longest servng in the history of the United States), RIP. [N.D. Iowa]