On Tuesday, the D.C. Circuit ruled against Matt Sissel, the Iowa artist and entrepreneur who challenged the Affordable Care Act’s individual mandate on the grounds that the law violated the U.S. Constitution’s Origination Clause. Article I, § 7, clause 1 requires that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” Obamacare raises government revenue by billions of dollars, but it was drafted in the Senate. Judge Judith Rogers wrote the opinion in Sissel v. HHS for a panel including two newly minted Obama appointees, Judge Nina Pillard and Judge Robert Wilkins.
This ruling comes in the wake of last week’s dueling decisions in Halbig v. Burwell and King v. Burwell. Another D.C. Circuit panel found that Obamacare subsidies were illegal in the 36 states that refused to set up state healthcare exchanges. On the same day, the Fourth Circuit disagreed. In court battles, Obamacare opponents are winning some and losing some.
The Supreme Court released its opinion in Burwell v. Hobby Lobby on Monday, holding that the HHS contraception mandate violates an employer’s rights under the Religious Freedom Restoration Act, even when the employer is a for-profit corporation closely held by individuals who object to the mandate on religious grounds. Following the decision in McCullen v. Coakley, the abortion clinic buffer zone case, Hobby Lobby is the second case in a week where the Court told us how much each side of a fundamentally divided issue can ask of the other, under the law. They are hard cases to talk about without questioning the good faith or good sense of the other side. Nearly everyone thinks either Hobby Lobby or McCullen was a bad decision.
The only thing more frustrating than a bad high-profile Supreme Court decision may be the public’s response to any high-profile Supreme Court decision. For proof, one need only look as far as some of the tweets on SCOTUSblog’s Twitter feed….
Last year at about this time, Justice Samuel Alito authored one of the most sneaky anti-woman decisions in recent memory. In Vance v. Ball State University, Justice Alito made it much more difficult for women to sue their employers for workplace harassment. At the time, I said it’s the kind of decision Chris Brown would be proud of, but on reflection, that may have been unfair to Chris Brown.
Today, Alito once again puts in the heavy lifting to make the world worse for working women. Apparently, in Alito’s world, it’s not only okay for employers to try to have sex with their female employees, they also get to regulate what medications they take…
I nearly did not write this post this week. (I’ll pause while some of you wish that ‘nearly’ weren’t a part of that sentence.) I started the week with a mild toothache. By the time I reached my dentist on Tuesday morning, that niggling pain had bloomed into an infection that spread from my tooth to my jaw bone to the soft tissue of my face. Despite oral penicillin (and Vicodin!), I developed a high fever, the left side of my face swelled to grotesque proportions, and my jaw seized shut. I ended up in an ER on IV antibiotics.
While portions of the federal government ground to a halt due to insufficient funds, I held ice packs to my head and prayed quiet prayers about septicemia and the relative impermeability of the blood-brain barrier. Vaguely, in the background, I knew Congress and the president were arguing about health care. About funding the PPACA. Obamacare.
My heart goes out to folks harmed by the federal government shut-down this week. I also agree with those who are dismayed that Capitol Hill can’t reach a consensus sufficient to end the current crisis. It’s their job to find workable agreements, after all. That much, I hope most of us can agree on. Since we’re not here to agree, let’s talk a bit about Obamacare, the source of this week’s trouble in Washington . . . .
* Since summer’s start, Patton Boggs has been leaking lawyers like a sieve. Thus far, 22 partners and 11 associates have defected from the firm to Holland & Knight, Jackson Lewis, Arent Fox, and WilmerHale. [Blog of Legal Times]
* Considering the deadly force choke American health care reform legislation has supposedly put on employers, perhaps more lawyers ought to consider becoming Jedi masters of the Affordable Care Act. [Daily Business Review]
* The new normal for the ivory tower: Law schools are tackling falling applications by “voluntarily” decreasing their class sizes, or by “voluntarily” offering faculty and staff buyouts. [Wall Street Journal]
* But look on the bright side, professors, the ABA wants to amend its accreditation standards to save your jobs and offer greater protections. Too bad its unwilling to do the same for students. [ABA Journal]
* If you’ve been swindling clients for long enough, the law school you donated money to will try to scrub your name off its walls. That is what’s happening now at IU-McKinney Law. [National Law Journal]
* The role of lawyers in America’s Syrian policy. Everyone always tries to throw the lawyers under the bus. [Lawfare]
* Pippa Middleton has some lawyers trying to crack down on a parody Twitter account. Thankfully, the law exists to protect wealthy socialites from being mocked. [IT-Lex]
* GCs are not happy with the rates charged by outside counsel. I, for one, am shocked that GCs don’t like paying upwards of $1000 an hour for “further work.” [Consero]
* Honestly, we should have seen this coming: a Zimmerman juror is seeking a book deal. This is the juror who assumed black people had rioted over the shooting and called Trayvon a “boy of color,” so you can tell the prosecution was doing a bang-up job with its jury selection procedures. [AlterNet]
* Conservatives rejoice after several unions complain about Obamacare. Oh, the irony! Except the unions’ complaint is not that Obamacare is bad, but that it doesn’t go far enough in providing incentives to non-profit insurance plans and penalizing companies that are cutting back on hours to avoid the law. [The Volokh Conspiracy]
* You’ve seen Justice Ruth Bader Ginsburg give Justice Antonin Scalia the finger in prose, but now you can hear what it would sound like in operatic form as composed by a recent law school graduate. [NPR]
* The Fourth Circuit upheld Obamacare’s employer mandate against Liberty University, calling it a constitutional tax, just like the individual mandate. Now’s a perfect time for a sip of Campari. [WSJ Law Blog]
* The Fried Frank toner bandit was sent to the slammer, but alas, it’s unlikely that the firm will be able to recover any of its losses. Too bad, it could use the cash after its 2012 performance. [Am Law Daily]
* Crisis? What crisis? The dean of UC Davis Law refuses to trim class size, but that doesn’t really matter — the application cycle is handling the situation quite nicely. [Sacramento Business Journal]
* Pennsylvania’s Attorney General Kathleen Kane won’t defend the state against a lawsuit seeking to overturn its ban on same-sex marriage. She’s choosing the people over politics. [New York Times]
* With his trial quickly drawing to a close, George Zimmerman is growing increasingly worried about his future. Let’s face it, even if he’s acquitted, living in hiding isn’t a very good look for him. [ABC News]
* The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times]
* Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times]
* Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal]
* If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report]
* “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel]
Above the Law’s 2012 Lawyer of the Year contest is now over. Thanks to everyone who nominated a lawyer; thanks to our finalists, for being such accomplished and interesting individuals; and thanks to all our readers, who picked our victor after two weeks of voting over the holiday season.
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: