* What’s funnier here? The fact that Stephen Colbert is running for “president of the United States of South Carolina,” or the fact that he’s already beating Jon Huntsman in the polls? [Washington Post]
- Election 2012, Jury Duty, Law Schools, Morning Docket, Murder, New Jersey, Paul Bergrin, Politics, Prostitution, Racism
- 10th Circuit, Cars, Dewey & LeBoeuf, Election 2012, Election Law, Elena Kagan, FCC, LLMs, Magic Circle, Mergers and Acquisitions, Morning Docket, Politics, Religion, SCOTUS, Student Loans, Supreme Court
* “It seems no one can use dirty words, except Steven Spielberg.” Well, sh*t, I’ll be damned. Is Elena Kagan going to be the voice of reason in the Supreme Court’s FCC profanity case? [Los Angeles Times]
* Ken Cuccinelli filed an emergency motion to get Virginia’s primary ballots printed. You can’t wait three days for Perry’s hearing? It’s on Friday the 13th. You know how that’s going to go. [Bloomberg]
It’ll take some time before a court rules on the legality of Barack Obama’s recess appointment of Richard Cordray to the Consumer Financial Protection Bureau. In case you haven’t been paying attention, Obama nominated Cordray two years ago, but the Republicans have refused to allow his nomination to come to a vote. Obama then wanted to use his recess appointment powers to fill the vacancy while Congress was away, but Republicans have blocked that through a series of sham sessions in which a couple of members gavel in and gavel out in a few seconds every couple of days. Last week, Obama decided those sessions did not constitute real sessions and appointed Cordray anyway, and we’ve all been treated to a week of howling from the right about an “illegal” power grab by the executive branch.
I appeared on the Mike Huckabee Show this weekend and defended the president’s appointment. It felt a lot like writing here at ATL: the live studio audience even booed me to make me feel at home.
But on Friday, Republican lawmakers did something really funny: they asked Eric Holder and the Department of Justice to explain what role the Office of Legal Counsel played in advising or authorizing Obama’s move. I’m immediately reminded of Bones McCoy trying to get back to the quarantined Genesis planet in Star Trek III when he says: “There aren’t gonna be any damned permits! How can you get a permit to do a damned illegal thing?”
Regardless of the legality of the recess appointments, did Obama do the right thing?
- 2nd Circuit, 9/11, Bar Exams, Depositions, Gloria Allred, Law Schools, Morning Docket, Politics, SCOTUS, Supreme Court, Texas, Travel / Vacation
* In trying to resolve the Texas redistricting problem, the Supreme Court has come to a realization: everything really is bigger in that state, including its congressional delegation. [Los Angeles Times]
* The Center for Constitutional Rights is suing to get video of the would-be 20th hijacker’s interrogations made public. Too bad no one really cares about this stuff unless it’s in a movie. [Washington Post]
* The Second Circuit has overturned former Mayer Brown partner Joseph P. Collins’s Refco conviction. He’s getting a new trial, and maybe this time around, the jurors will be less shady. [New York Law Journal]
* Talk about a crappy ROI. Alison Fournier, a former i-banker, is Gloria Allred’s latest litigant. She claims that a drunken pervert groped her abroad thanks to Starwood’s lax hotel security. [Reuters]
In Grammer Pole of the Weak, we typically tackle issues of English grammar and usage, as well as questions of style (in terms of legal writing, not fashion). Last week, we delved into the fun topic of em-dash spacing, and learned that our readers are essentially deadlocked on whether to use a space before and after an em dash. In the end, using spaces prevailed by a margin as narrow as Mitt Romney’s Iowa caucus victory.
Our latest grammar poll pertains to usage, but it has a political component to it as well. It touches on hot-button issues like affirmative action and racial preferences, about which our readers have passionate opinions.
The question, in a nutshell: What does it mean to be a “diverse” individual?
- 5th Circuit, Ann Althouse, Barack Obama, Books, Clerkships, Depositions, Drinking, Drugs, Fat People, Gay, Lesbians, Nauseating Things, Non-Sequiturs, Politics
* Jamin Soderstrom, a (rather cute) former S&C associate and current Fifth Circuit clerk, has written a book (affiliate link) analyzing the qualifications of presidential candidates and the relationship between résumés and presidential success. [Tex Parte Blog]
* If you’re a law professor / blogger who wants to get a rise out of fellow profs, write posts in praise of Paul Campos (just voted our 2011 Lawyer of the Year — congrats again, Professor Campos). [PrawfsBlawg]
- American Bar Association / ABA, Animal Law, Election 2012, Election Law, Morning Docket, Politics, Prostitution, Scott Rothstein, Sex, Student Loans, Unemployment
* Rick Santorum and the Sweater Vests can join Rick Perry’s ballot access lawsuit in Virginia. It’s funny, because at this rate, Perry will have dropped out before the first hearing. [Washington Post]
- American Bar Association / ABA, Barack Obama, Drugs, Gay, Gay Marriage, Law Schools, Music, Non-Sequiturs, Partner Issues, Politics
* The recess appointment of Richard Cordray to head the CFPB could get tricky — not because Republicans are outraged by recess appointments (much like Democrats are outraged by obstructionist filibusters), but because Congress isn’t technically in recess, due to the sham sessions Congress has been running. [WSJ Law Blog]
* Milbank, if you’re going to brag about being the only major Wall Street firm to have an Orthodox Jewish woman as a partner, you better be telling the truth, you meshuganas. [Thomson Reuters News & Insight]
* But Duncan probably isn’t just in it for the legal fight. The school wants to bring media attention to the ABA’s random oversight of legal education. [Law Librarian Blog]
* Is it really that surprising that the unemployed are NOT on drugs? Aren’t Republicans the ones who are supposed to understand that in a market, desirable goods cost money? If you want to drug test a constituency, do a random raid at a white-shoe law firm, and don’t forget your chemistry set. [Huffington Post]
* It’s nice to ask permission before you appropriate somebody’s song as your campaign theme. [Fox News]
* Thanks to everybody who voted for us as their favorite legal blog for news in the ABA Journal’s Blawg 100 poll. You’ve given us the strength to keep reporting on spring bonuses, even though they don’t technically exist yet. [ABA Journal]
The country doesn’t want an election that is Harvard Law versus Harvard Law.
– David Brooks of the New York Times, in a recent column offering praise for what he describes as “working-class candidate[s]” like Rick Santorum and Sherrod Brown (and implicitly dissing Barack Obama and Mitt Romney, both graduates of Harvard Law School).