Obamacare

* A warning label for law school: hey, why not? [Tax Prof Blog]

* What are the laws of the world’s smallest nation? [Ars Technica]

* If we end up with no health care reform, do we have right-wing bloggers to blame? [The Atlantic]

* Speaking of the Obamacare arguments, would a simpler approach have worked for Don Verrilli in front of SCOTUS? [Recess Appointments]

* A new law school on Daytona Beach? Well, I’m sure that school will attract a lot of “talent.” [Daytona Beach News-Journal]

* Professors Miriam Cherry and Paul Secunda ask: Are law review submissions like the Hunger Games? [SSRN]

* Are professors working hard or hardly working? [Adjunct Law Prof Blog]

* Global warming creates jobs? [Slate]

Justice Antonin Scalia

My approach would be to say that if you take the heart out of this statute, the statute’s gone.

– Justice Antonin Scalia, commenting on what might happen to the Patient Protection and Affordable Care Act if the individual mandate were struck down as unconstitutional by the Court.

(How open is Justice Scalia to reviewing the particular provisions of Obamacare to decide which provisions should stand and which should fall? Let’s find out….)

double red triangle arrows Continue reading “Quote of the Day: Shot Through the Heart / And Congress Is to Blame / You Give Obamacare a Bad Name”

Isn’t it funny that if you refuse to buy food, the government won’t force you to buy any — broccoli or otherwise? But when you show up at the hospital dying of starvation, the government will give you health care even if you haven’t paid for it.

Sorry, I know it’s foolish for me to inject 21st century policy concerns into Scalia’s 18th century hypothetical.

Obamacare supporters are still licking their wounds from getting smacked around by SCOTUS yesterday. I don’t know why anybody is surprised. You’ve got four staunchly conservative justices and one pretty conservative justice that gets called a “swing vote” because the Court has lurched so far to the right since he was appointed, and you’re going in front of them with a massive use of the interstate commerce power. You think they care that past precedents that they don’t agree with say they should uphold the law? You think they want to give Obama a victory any more than Republicans in Congress wanted to support the Republican approach to health care once Obama adopted it? This was always going to be an uphill battle with this Court.

That’s not Don Verrilli’s fault. People need to stop yelling at this man. No, he wasn’t as witty as Paul Clement. Do we really think that whether or not Anthony Kennedy wants us to have health care will turn on Verrilli’s ability to spit out a one-liner? If liberals want to blame somebody, it’s not Don Verrilli; blame the spineless way Congress and the President abandoned single-payer. That’s why we’re here folks. We sent Verrilli into a conservative lion’s den with a liberal piece of meat hanging around his neck, and now we’re criticizing the way he ran around, screaming for his life. That’s not right.

But anyway, that was yesterday and “reading the tea leaves” from oral arguments takes way more time than looking at the political agendas of each of the justices. Let’s move on to today’s arguments. The Court will consider whether the Affordable Care Act can survive if the Court strikes down the individual mandate part, and whether the expansion of Medicaid coverage amounts to government coercion….

double red triangle arrows Continue reading “Obamacare Goes to Court, Day Three: Republicans Come for Medicaid”

* Obamacare’s individual mandate may be in jeopardy, and it’s all because of that stupid broccoli debate. No, Scalia, as delicious as it is, not everyone would have to buy broccoli. [New York Times]

* Biglaw firms aren’t going away, but thanks to the recent onslaught of partner defections to small law firms, their high hourly rates might soon be going the way of the dodo. [Corporate Counsel]

* The “good” news: Northwestern Law will be limiting its tuition hike to the rate of inflation. The bad news: next year, it will cost $53,168 to attend. I officially don’t want to live on this planet anymore. [National Law Journal]

* A Littler Mendelson partner is recovering from a stabbing that occurred during a home invasion. On the bright side, at least he’s not a partner at Dewey — that’s a fate worse than being stabbed these days. [Am Law Daily]

* Law school applicants are dropping like flies, but some law schools were able to attract record numbers of students. UVA Law must have some real expertise in recruiting collar poppers. [The Short List / U.S. News]

* “I have a suggestion for you; next time, keep your [expletive] legs closed.” O Canada, that’s the basis of one crazy class action suit, eh? Dudley Do-Right would never treat a female Mountie like that. [Globe and Mail]

Today was the big day: the individual mandate provision of the Affordable Care Act was argued in front of the U.S. Supreme Court. It’s always fun when nine unelected people get to decide whether Congress and the president get to do what the American people elected them to do.

Don’t get me wrong, I’ve been listening to CSPAN 3 take calls from “real” Americans about the constitutionality of health care, and let me tell you: Americans are incredibly stupid. On both sides. Christ on Phonics, I don’t even know if some of these people are able to read. Nine unelected arbiters looking at this is at least as legitimate as millions of freaking idiots having a clap-off to figure out how to administer health coverage for millions of people.

Did I say nine people will decide this issue? That’s not entirely accurate, is it? Aren’t we really talking about one guy?

They’re replaying the audio from today’s arguments on CSPAN 3. Too bad there’s no video… I want to see the gifts of frankincense and myrrh that Solicitor General Don Verrilli and Paul Clement brought for Justice Anthony Kennedy.

But what’s really interesting today is to see whether all these ideologically conservative judges will actually take a conservative judicial approach and show deference to the legislature.

Not that I’m holding my breath….

double red triangle arrows Continue reading “Obamacare Goes to Court, Day Two: The Search for Anthony Kennedy’s Soul”

'Hahaha, and then I said that I didn't know they were prostitutes.'

* Was the Obamacare case brought prematurely? Did the Supreme Court’s judicial intervention come too soon? Yesterday’s arguments before SCOTUS can be summed up in four simple words: “That’s what she said.” [New York Times]

* Howrey going to get out of this one? The defunct firm’s bankruptcy trustee, Allan Diamond, is trying to decide whether he’ll be bringing adversary claims against the dissolution committee and its members. [Am Law Daily]

* U.S. News is doing what the American Bar Association refuses to do: make law schools its b*tch. Listen up, administrators, because your next “reporting error” could cost you your ranking. [National Law Journal]

* Armed with a treasure trove of new evidence, Facebook has moved to dismiss Paul Ceglia’s lawsuit. What does his lawyer from Milberg have to say? A hacker planted all of the evidence, duh. [Wall Street Journal]

* Apparently Dominique Strauss-Kahn’s got hos in different area codes. He’s been keeping his pimp hand strong — so strong, that he’s been charged with aggravated procurement of prostitutes. [Bloomberg]

* Broke your nose trying to walk through a glass wall at the Apple store and now you’re suing for $1M? That’s an app for that! It’s called common sense, and for a limited time only, it’s being offered free of charge. [Forbes]

Court watchers, it’s on. Today the Supreme Court started hearing arguments on its most politically-charged case since Bush v. Gore. It’s the first time in a generation where the Court might strike down a major piece of national legislation. The Court will hear three days of oral argument on the Affordable Care Act (a.k.a. Obamacare).

This is big time. The entire country is watching.

And on day one, for the opening salvo in the biggest Court battle of the decade, we’re going to start with jurisdiction.

[CLEAR]

Still with me? I know it’s boring, but there’s an interesting political story here as we wait for the Court to get to the “main event” tomorrow….

double red triangle arrows Continue reading “Obamacare Goes to Court, Day One: Juris-My-Diction Crap”

* It’s Obamacare week at the Supreme Court, and people have been waiting in line since Friday morning to see the oral arguments. It’s kind of like Black Friday, except more people care about affordable TVs than affordable health care. [New York Times]

* Growth in the NLJ 250 increased by 1.7 percent in 2011. That’s fantastic for Biglaw, but associates at these firms care more about the growth of their bank accounts. Seriously… where are the spring bonuses already? [National Law Journal]

* George Zimmerman’s lawyer says he doesn’t think the “stand your ground” law applies to Trayvon Martin’s shooting. This was just self-defense — against Skittles. [MSNBC]

* The finalists for deanship at Baltimore Law include a Patton Boggs partner, an assistant attorney general, a law school dean, and two law professors. But which will be able to stand up to Bogomolny? [Baltimore Sun]

* Since blogging allows “big personalities” to run free, does the prosecommenter, Sal Perricone, have a bright future ahead of him here at Above the Law? Let’s see what David Lat has to say about that. [Times-Picayune]

* Millionaire John Goodman has been convicted of DUI manslaughter and vehicular homicide charges, and now he’s facing 11.5 to 30 years in prison. Boy is his girlfriend-slash-daughter going to miss him. [CNN]

* Who will play starring roles in the Obamacare arguments before SCOTUS? A bunch of older white guys. Good thing this isn’t televised, because the ratings would probably suck. [Legal Times]

* The judiciary is on the cusp of a “financial crisis,” and some trials may be put on hold. That, or they’re just going to get rid of people. Which do you think it’ll be? [Thomson Reuters News & Insight]

* When rankings like these are available, who cares about U.S. News? Here’s a list of the law schools you should go to if you want to actually make bank as a lawyer. [Forbes]

* Covington & Burling is the latest Biglaw firm to sign up for an office in Seoul. Memo to partners: this is not the spring “bonus” your associates care about. [Capital Business Blog / Washington Post]

* The jury in the Dharun Ravi privacy trial is set to begin its deliberations this morning. Oh, to be a fly on the wall in that room — or, more on point, a webcam. [Statehouse Bureau]

* Thomas Puccio, a former Biglaw partner known for his notorious clientele, RIP. [New York Times]

* Two weeks from today, the Supreme Court will be hearing oral arguments on the Obamacare case. Everyone thinks Justice Kennedy’s vote will swing the Court, but Chief Justice Roberts isn’t about to let him steal his sunshine. [New York Times]

* Montana’s Chief Judge stands accused of sending a racist email, but he once counseled law students about the dangers of email. It seems like the man can’t follow his own advice… and that’s some major Cebulls**t! [Billings Gazette]

* Gaming post-graduation employment statistics: the Columbia Law School and NYU Law edition. It looks like it might be time to fire up the Strauss/Anziska machine for the top tier of our nation’s law schools. [New York Post]

* Greenberg Traurig and Alston & Bird think people care about their new, multimillion dollar rental agreements in Los Angeles. No one cares. They just want to know where the spring bonuses are. [Los Angeles Times]

* But speaking of Alston & Bird, some Floridians are complaining about the firm’s bill. $475 an hour for four partners and associates? You really need to stop, because you’re getting the deal of the century. [The Ledger]

* James Humphreys — with a P-H! — donated $1M to GW School of Law so more students can receive scholarships. Maybe one of our favorite Wall Street Occupiers will get one? [National Law Journal]

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