- California, Deaths, Gay, Immigration, Law Schools, Morning Docket, Paul Clement, SCOTUS, Supreme Court, Texas, University of Illinois College of Law, UVA Law, White-Collar Crime
- Antitrust, Brett Kavanaugh, Copyright, Federal Judges, Feeder Judges, Law Schools, Non-Sequiturs, Paul Clement, Peter Lattman, SCOTUS, SCOTUS Potential, Supreme Court
* Searching for the perfect holiday present? Via Professor Glenn Reynolds: “As A Christmas Gift, Tell Your Friends and Relatives They’re Fat.” [Instapundit]
* If a Republican wins the White House in 2012, who might get nominated to the U.S. Supreme Court? Mike Sacks offers up a star-studded SCOTUS short list: the brilliant and genial Brett Kavanaugh, the fabulous Diane Sykes, certified superhottie Jeffrey Sutton, emerging feeder judge Neil Gorsuch, and star litigator Paul Clement. [Huffington Post]
* Another proposal on law school transparency. What is this “gainful employment” of which you speak? [Law School Transparency]
* If you can’t find gainful employment, well, maybe you can score a $500 reward from a concerned parent. [The Legal Satyricon]
* Speaking of Marc Randazza, here’s an interview in which he discusses “putting the nail in copyright holding company Righthaven’s coffin.” [WebmasterRadio.FM]
* A riddle from Eric Turkewitz: How is Indiana just like the old Soviet Union? [New York Personal Injury Law Blog]
- Barack Obama, Brett Kavanaugh, Constitutional Law, Election 2012, Federalist Society, Health Care / Medicine, Laurence Tribe, Noah Feldman, Paul Clement, Politics, SCOTUS, Supreme Court
In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012,
Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)
In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….
- American Bar Association / ABA, California, Cooley Law / Thomas M. Cooley Law School, Law Schools, Money, Morning Docket, Paul Clement, Tax Law, Winston & Strawn
* “You are a beautiful grave — dead inside.” Be still my heart. What kind of a girl wouldn’t appreciate a love letter like this? A former tax attorney from Winston & Strawn, apparently. [New York Post]
- Constitutional Law, Election 2012, Gay, Gay Marriage, Health Care / Medicine, Kannon Shanmugam, Litigators, Paul Clement, Politics, SCOTUS, Solicitor General's Office, Supreme Court, Williams & Connolly
We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner.
With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011:
- Paul Clement, former U.S. Solicitor General, now a partner at Bancroft PLLC; and
- Kannon Shanmugam, former assistant to the Solicitor General, now a partner at Williams & Connolly.
What did Messrs. Clement and Shanmugam have to say about the upcoming SCOTUS Term?
* “I doubt this is constitutional, but let’s just do it.” Sounds like business as usual down in the Senate as to plans to extend the FBI Director’s term. [Blog of Legal Times]
* Are we really still talking about desegregating schools in Arkansas? I can’t even believe that this is a serious proposition. [WSJ Law Blog]
* This is what happens when lawyers from Yale stop being polite, and start getting real. What good can come from Kentucky or North Dakota? [PrawfsBlog]
* Ladies, should you take a new job while pregnant? To me, that’s kind of like asking, “Should I go bungee jumping while pregnant?” Not a good idea. [Corporette]
* Apparently, there’s some debate as to which city will be the next world capital of law. And no, it probably isn’t going to be one of these outsourcing cities. [Law21]
* Kash, of course it’s bad for America that Weiner is resigning. We don’t get to see any more big, kosher pickles. [The Not-So Private Parts / Forbes]
* Summer associates, please take note. Do not send emails to colleagues about wild, underage ragers like this JP Morgan intern did. You will look like a complete tool. [Dealbreaker]
* Leave it to Paul Clement to get this lady off with a 9-0 decision. It turns out she wasn’t a terrorist, just a little kooky. [CNN Justice]
* Bob Tennant of Recommind tells patent critics (and competitors) a thing or two about prior art and automated discovery. [Recommind]
* New York magazine is on a roll: first the buzz-generating Paper Tigers piece, then the big Anna Nicole Smith story, and now this great profile of Paul Bergrin, “The Baddest Lawyer in the History of Jersey.” [New York Magazine]
* A few highlights from the Sarah Palin email dump. [Wonkette]
* A lap dance might get a rise out of a recipient, but it doesn’t rise to the level of art, according to a New York state appellate court. [Albany Times-Union]
* Speaking of the former Solicitor General, here’s his substantive defense of the Defense of Marriage Act (via Chris Geidner). Check it out — there’s a link to his brief — and see what you think. [Poliglot / Metro Weekly]
* Speaking of gay marriage, here’s an interesting legal issue, involving foster care and adoption, same-sex couples, and religious freedom. [Peoria Journal Star]
- Associate Bonus Watch 2010, Associate Salaries, Biglaw, Bonuses, Constitutional Law, Gay, King & Spalding, Legal Ethics, Money, Partner Issues, Politics
Some people, including crisis communications experts, think that King & Spalding should just shut up already about the DOMA debacle. The firm agreed to represent the House of Representatives in defending the controversial Defense of Marriage Act, and then almost immediately turned around and withdrew from the representation. This prompted the departure from the firm of star appellate litigator Paul Clement, former Solicitor General of the United States, who took the DOMA matter over to his new firm, Bancroft PLLC.
The decision to drop DOMA defense also led to the defections of King & Spalding clients, like the NRA and the state of Virginia. It generated criticism of the firm from diverse quarters — everyone from Ken Cuccinelli to the New York Times editorial board. [FN1]
Despite the advice of the communications experts (with which I personally agree), King & Spalding continues to discuss the DOMA debacle. The firm is starting to sound like a therapy patient that won’t relinquish the couch, and just wants to yap and yap and yap. Are you listening?
Let’s look at the latest revelations — and also some compensation news out of K&S….
* DOMA dude Paul Clement filed his first brief as lead counsel for 26 states seeking to nullify Obamacare. In a land of socialist, freeloading, hippie queers, one man stands alone. [Atlanta Journal Constitution]
* Eric Holder defended the legality of the Osama killing on Capitol Hill yesterday. In prepared remarks, he said, “If history has taught us anything, it’s that you can kill anyone.” [CNN]
* Irving Picard has asked a judge to allow him to start making disbursements to Madoff’s victims. Victims stand to receive a coupon book valued at over 200 dollars, a free subscription to Cat Fancy, and a lifetime’s supply of Spanx for Men. [Reuters]
* Chris Simms, guilty of poor quarterbackery, was found not guilty of smoking drugs and driving. [New York Post]