Prop 8

A few years ago, I was covering some conservative legal or political conference where Ted Olson was scheduled to appear. At some point before his scheduled appearance, it was announced that he’d be unable to attend. It was chalked up to a scheduling conflict, but some wondered: had Olson withdrawn because of a fear that he’d be persona non grata? This was not long after he had filed the case that’s now before the U.S. Supreme Court as Hollingsworth v. Perry, and some conservatives were unhappy with the former solicitor general’s taking up the cause of marriage equality, viewing it as a betrayal.

Oh how times have changed. Now prominent Republicans are lining up to support the cause of marriage equality in the Supreme Court of the United States.

Yes, February 14 was almost two weeks ago. But on Thursday, a bunch of leading conservatives will send Justice Anthony M. Kennedy a valentine….

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About to kiss, or kill each other?

Marriage can be a tricky business, especially when it comes to an end. Just ask the former Skadden partner whose remarkable departure memo has everyone talking. Both his former and current marriage have attracted a lot of attention.

And at least his marriages were between one man and one woman. When same-sex unions fall apart, things can get especially complicated….

double red triangle arrows Continue reading “The Gay Divorcees: From Marriage Equality to Divorce Equality”

Sorry, no free entry, not even for prosecutors.

* Even though Obama wants to “make sure that [he's] not interjecting [himself] too much into this process,” the DOJ may still suggest that the Supreme Court overturn Proposition 8, California’s ban on gay marriage. [Associated Press]

* Anheuser-Busch InBev and the Department of Justice are cracking open a couple of cold ones to settle their differences over antitrust concerns with regard to the company’s planned purchase of Grupo Modelo. [DealBook / New York Times]

* It looks like Steve DiCarmine is being forced to take a break from his rigorous class schedule at Parsons to testify at a Dewey bankruptcy hearing next week. He’ll be happy to hear orange is in this spring. [Am Law Daily]

* Represented by Steptoe & Johnson, Jesse Jackson Jr. pleaded guilty to misusing $750,000 of his campaign funds for personal use. Most interesting purchase: Michael Jackson memorabilia. [Blog of Legal Times]

* When it comes to recruiting new talent, the ability to maintain a “collegial culture” is apparently a selling point for midsize law firms. And here we thought douchebaggery was the way to go. Sigh. [National Law Journal]

* Protip: do not flash your prosecutor’s badge to bypass cover charges and lap dance surcharges at the local strip club. You’re going to get fired. We’ll probably have more on this later. [Riptide 2.0 / Miami New Times]

* Don’t worry ladies, if you’re about to be raped, just pee or puke all over your attacker — or better yet, tell him that you’re on your period. Yeah, that’ll work. These tips are almost as good as “don’t dress like a slut.” [CNN]

* “[T]his is a ridiculous sideshow that’s horribly unbecoming to the parties involved.” The NCAA is now suing over a new Pennsylvania law designed to keep PSU’s Sandusky fines in the state. [San Francisco Chronicle]

The Destruction of Sodom and Gomorrah

Same-sex marriage will destroy this nation. If the leaders of this country treat what God has called abominable as something to be respected, revered, and blessed with the seal of approval of the government, that will cross a final line with God. The harm that will befall this nation, when the condign destructive wrath of God pours out on a nation that purposefully, in a calculating manner, institutionalized marriage licenses for same-sex unions, is the ultimate harm to the health, welfare and safety of the people.

Margie Phelps, counsel to the Westboro Baptist Church, in the Church’s amicus brief in the U.S. Supreme Court case of Hollingsworth v. Perry (aka the Proposition 8 / gay marriage case).

(A closer look at the lunacy, after the jump.)

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Obviously a Norton Rose associate.

* Here’s the answer to the question everyone’s been asking since December: the Supreme Court will be hearing the gay-marriage cases on March 26 (Prop 8) and March 27 (Windsor). No extra time for args? [WSJ Law Blog (sub. req.)]

* Wherein Scott Greenfield responds to Mark Herrmann’s thoughts on bench memos — or, in Greenfield’s words, why our important appellate decisions shouldn’t be left “in the hands of children” (aka law clerks). [Simple Justice]

* Will the latest massive mortgage settlements lead to lawyer layoffs? [Going Concern]

* Cy Vance’s ears must’ve been ringing when this opinion came out, because the judges on this appellate panel said the prosecution’s case was based on “pure conjecture bolstered by empty rhetoric.” [WiseLawNY]

* Apparently a Santa Clara law professor is getting pummeled in the comments on various law blogs because of his thoughts on law school. As Rihanna would say, “Shine bright like Steve Diamond.” [Constitutional Daily]

* Meditation and mindfulness are more mainstream than ever in the practice of law, but given all the tales of stressed out lawyers’ alleged misconduct we hear about, you certainly wouldn’t know it. [Underdog]

* And from our friends at RollOnFriday, you can see what the folks at Norton Rose do in their spare time….

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If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?

– Justice Antonin Scalia, in an appearance yesterday at Princeton to promote Reading Law (affiliate link), responding to a gay student who asked the justice why he draws parallels between laws against sodomy and laws against bestiality and murder.

(So, is homosexuality the new killing it? Read more, after the jump.)

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The Defense of Marriage Act. California’s Proposition 8 ban on gay marriage. These were two of the big issues that the U.S. Supreme Court was deciding whether to hear this Term.

The Court just issued its certiorari orders. What happened?

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Right now is a great time to be a Supreme Court aficionado. There’s a big new book out about the Court, Jeffrey Toobin’s The Oath (affiliate link). And the new SCOTUS Term starts in just a few days, on Monday, October 1.

Given the time of the year, it’s not surprising that SCOTUS preview events are as common as Ninth Circuit reversals pro se cert petitions. I attended one sponsored by the Federalist Society earlier this month, where Kannon Shanmugam of Williams & Connolly offered excellent insights into October Term 2012. Our Supreme Court correspondent here at Above the Law, Matt Kaiser, went to a preview talk sponsored by the American Constitution Society (which he turned into Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term).

That sounds like more than enough SCOTUS previews. But I couldn’t help myself from attending one more, due to the starpower of the panelists: Paul Clement, the former solicitor general who’s now a partner at Bancroft, and Tom Goldstein, the noted Supreme Court advocate and founder of the invaluable SCOTUSblog.

What did Messrs. Clement and Goldstein have to say about OT 2012?

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* Will the members of the Supreme Court announce which gay marriage issues they’ll be hearing this term any time soon? With Proposition 8 appeal and several DOMA appeals on hand, there’s certainly a lot for them to choose from. [CNN]

* It’s beginning to look a lot like Biglaw, everywhere you go: lawyers are miserable, clients are unhappy, and apparently profits per partner are all to blame. Gee, thanks for those rankings, Am Law, they were really helpful. [DealBook / New York Times]

* Instead of arguing over font size, the Department of Justice argued law yesterday during closing arguments in its attempts to convince a three-judge panel to strike down South Carolina’s voter ID statute. [National Law Journal]

* Unlike Elizabeth Warren, he’s no “Fauxcahontas”: Kevin Washburn, the dean of the University of New Mexico Law School, has been confirmed by the Senate to oversee the Bureau of Indian Affairs. [Washington Post]

* If you’re going to allegedly slash someone’s face in an attempt to defend your honor, at least do it with class like this Columbia Law grad, and use a broken champagne flute as your weapon of choice. [New York Post]

How festive!

* You can kiss your dreams of seeing Prop 8 being taken up by the Supreme Court goodbye if the justices decide to proceed with “more cautious DOMA challenges.” [Slate]

* Well, at least one person is getting annoyed by the endless back and forth between Posner and Scalia. But that’s just one person. We’ll continue to beat that horse until it’s extra dead. [Althouse]

* Is this like the new WebMD, but for law? With prompts like, “Can that crazy neighbor buy a gun?,” it looks like a suitable place for legal hypochondriacs to call home. [myRight]

* Oh yay, I don’t like to get into election law and politics, so it’s a good thing that The Simpsons did all my work for me on this one: “Stopping all Americans from voting is for the protection of all Americans.” [PrawfsBlawg]

* Kat over at Corporette wants to know what your top five tailoring alterations are — because after all, it’s pretty hard to dress for success in Biglaw if your pants are dragging on the floor. [Corporette]

* You’d have to be super-dee-duper high to think that disguising your pot plants as Christmas trees in the middle of the desert to throw the police off your tracks would actually work. [Legally Weird / FindLaw]

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