Proposition 8

  • Ted Olson and David Boies (photo by yours truly)

    Books, Colbert Report, Constitutional Law, David Boies, Gay, Gay Marriage, Quote of the Day, Ted Olson, Television, Videos

    A Lesson In Constitutional Law From Stephen Colbert

    How would Stephen Colbert interpret the Equal Protection Clause?

    4 Comments / / Jun 18, 2014 at 4:18 PM
  • Congrats, professor!

    Blogging, California, Crime, Dewey & LeBoeuf, Gay Marriage, Law Professors, Media and Journalism, Morning Docket, Politics, SCOTUS, Securities and Exchange Commission, Securities Law, State Judges Are Clowns, Supreme Court, Ted Olson

    Morning Docket: 06.03.14

    * “I don’t think the government should be in the credentialing business.” Thanks to the whims of politicians, SCOTUSblog is having trouble getting media credentials to continue its coverage of the Supreme Court’s cases. [New York Times]

    * How you like me now? In Redeeming the Dream (affiliate link), a new book co-authored with David Boies, Ted Olson says he experienced “some blowback” when he announced he was taking on the Prop 8 gay marriage case. [WSJ Law Blog]

    * Steve Davis and Steve DiCarmine of failed firm fame think it’s “unfair” they have to defend themselves in a criminal case and an SEC case at the same time. They want the SEC case to be halted. Dewey think the judge will say yes? [Law360 (sub. req.)]

    * Back in 2011, Pillsbury decided to ship its back-office operations to Nashville, and now it’s hiring a small contingent of lawyers to work there. FYI, an Ivy League degree may not be necessary. [Washington Post]

    * Only in Florida would a judge allegedly challenge a public defender to a fight out back during a hearing and start throwing punches. We’ll definitely have more on this fiasco later today. [WFTV Eyewitness News]

    * Peter Mutharika, a former law professor who taught at Washington University in St. Louis Law for about 40 years, is now the new president of Malawi, where it’s illegal to fart. Congrats! [St. Louis Post-Dispatch]

    2 Comments / / Jun 3, 2014 at 9:16 AM
  • gay marriage cake RF

    Election Law, Free Speech, Gay Marriage, Money, Politics, SCOTUS, Supreme Court

    Cupid’s Arrow Strikes Eich: OkCupid, Mozilla’s CEO, And Campaign Finance Laws

    Twitter has been, well, atwitter with criticism over Brendan Eich’s financial support of Prop 8.

    34 Comments / / Apr 3, 2014 at 2:47 PM
  • Kamala Harris

    Attorney Misconduct, Biglaw, California, Celebrities, Depositions, Divorce Train Wrecks, Federal Judges, Gay, Gay Marriage, Law Schools, Legal Ethics, Minority Issues, Money, Morning Docket, Practice Pointers, Racism

    Morning Docket: 08.15.13

    * The Poly Prep alumni who settled their sex abuse suit against the school are going after O’Melveny & Myers for allegedly playing a part in prolonging the litigation by doing what lawyers do best: lying. [Am Law Daily]

    * If you’ve got a case up on appeal and you’re like a virgin, giving oral (arguments) for the very first time, then you should probably consider taking a look at the top 10 tips that’ll help you to prepare for it. [The Recorder]

    * The California Supreme Court denied petitions from Proposition 8 proponents seeking to enforce a ban on same-sex marriage across the state. Kamala Harris, the country’s best looking AG, approves. [BuzzFeed]

    * The Chapman School of Law will change its name after receiving the second-largest donation ever made to a law school. N.B. The donor isn’t a law school graduate, which certainly explains why he has cash to spare. [National Law Journal]

    * Notebooks from the most famous law school you’ve never heard of are now on digital display thanks to Harvard Law. Unlike today’s students, Litchfield lawyers had lovely handwriting. [Brainiac / Boston Globe]

    * Keep ya head up: Legendary lawyer Roger Rosen, whose clients range from O.J. Simpson to Phil Spector, will hang up his shingle to avoid prosecution for leaking info to Tupac’s killers. [New York Post]

    * Just think, if the judge in Paula Deen’s case had permitted counsel to stay discovery, perhaps the celebrity chef wouldn’t have been able to serve up a slice of her piping hot racism casserole. [Daily Report]

    * Sure, Lamar Odom allegedly cheated on Khloe Kardashian with a lawyer, but that doesn’t mean they’re going to get divorced. If they do, we’ll be there for the train wreck. [Ministry of Gossip / Los Angeles Times]

    8 Comments / / Aug 15, 2013 at 9:10 AM
  • Supreme Court SCOTUS photo by David Lat

    Constitutional Law, Gay, Gay Marriage, Lesbians, Linda Greenhouse, SCOTUS, Supreme Court

    After Perry & Windsor: A Conversation About The Supreme Court’s Rulings

    Three distinguished commentators — Bill Eskridge, Linda Greenhouse, and Evan Wolfson — discuss the Supreme Court’s recent rulings on marriage equality.

    5 Comments / / Jul 23, 2013 at 4:58 PM
  • George Zimmerman: Not Guilty

    Airplanes / Aviation, Biglaw, Billable Hours, California, Crime, Disasters / Emergencies, Gay Marriage, Law Schools, Money, Morning Docket, Partner Issues, Patents, Pranks, SCOTUS, Sexual Harassment, Supreme Court, Television, Trials

    Morning Docket: 07.15.13

    * Size matters when it comes to hourly rates. Because when you work in Biglaw, it’ll be all the more odious for your poor clients when you “churn that bill, baby.” [Corporate Counsel]

    * Would you want this Cadwalader cad, a former mail room supervisor, at your “erotic disposal”? The object of his affections didn’t want him either, and she’s suing. [New York Daily News]

    * In the wake of the George Zimmerman verdict, the NAACP is pressing for federal charges and a civil suit may be in the works. This trial isn’t over in the court of public opinion. [Bloomberg]

    * This experience inspired George Zimmerman, fresh off his acquittal, to go to law school to help the wrongfully accused. If it makes you feel better, when he graduates, he’ll be unemployed. [Reuters]

    * Here’s the lesson learned by Prop 8 proponents: If at first you don’t succeed at the Supreme Court, try, try again at the state level and base your arguments on technicalities. [Los Angeles Times]

    * You do not want this patent troll — one of the most notorious in the country — to “go thug” on you. Apparently this is just another danger of alleged infringement in the modern world. [New York Times]

    * Asiana Airlines is considering suing the NTSB and a California television station over the airing of “inaccurate and offensive” information (read: wildly racist) about the pilots of Flight 214. [CNN]

    * Ariel Castro was slapped with an additional 648 counts in the kidnapping case against him, bringing the total to 977. Prosecutors are not yet seeking the death penalty. [Cleveland Plain Dealer]

    15 Comments / / Jul 15, 2013 at 9:11 AM
  • marriage equality

    9th Circuit, Antonin Scalia, Ballard Spahr, Biglaw, California, Election Law, Elena Kagan, Gay, Gay Marriage, John Roberts, Law Firm Mergers, Minority Issues, Morning Docket, Patton Boggs, SCOTUS, Supreme Court

    Morning Docket: 07.01.13

    * Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]

    * The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]

    * Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]

    * In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]

    * On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]

    * Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]

    * Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]

    * Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]

    * Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]

    * Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]

    9 Comments / / Jul 1, 2013 at 9:08 AM
  • Baby-with-Rainbow-Flag

    California, Crime, Federal Government, Gay, Gay Marriage, Health Care / Medicine, Immigration, John Roberts, Law Professors, Law Schools, SCOTUS, Supreme Court, Texas, Violence

    Morning Docket: 06.28.13

    * Do you think Chief Justice Roberts is the Supreme Court’s “peacemaker”? To be fair, at least he does a better job of tempering all of his judicial rage than his colleagues. [Politico]

    * According to Prof. John Eastman of Chapman Law, the SCOTUS decision striking down DOMA means Prop 8 is good law in California. Try and wrap your mind around that one. [OC Weekly]

    * The Senate approved a bipartisan immigration reform plan with a 68-32 vote, and now it’s up to House representatives to take the bill and summarily wipe their asses with it. [Wall Street Journal (sub. req.)]

    * The good folks at Hobby Lobby quilted for hours yesterday to celebrate the Tenth Circuit’s reversal of a lower court’s denial of an injunction blocking the ACA’s contraceptives mandate. [The Oklahoman]

    * Texas A&M still hopes to acquire Texas Weslyan’s law school; they’re just waiting for the ABA to look over the paperwork. Welcome, Texas A&M Law, since the takeover will obviously be approved. [WTAW]

    * Boston bombing suspect Dzhokhar Tsarnaev has been indicted on 30 counts of violence and weapons-related charges. Right now, he’s looking at a possibility of life in prison or the death penalty. [CNN]

    10 Comments / / Jun 28, 2013 at 9:12 AM
  • kamala harris RF

    9th Circuit, California, Gay, Gay Marriage, Quote of the Day, SCOTUS, State Attorneys General, Supreme Court

    No More H8, Only Love: An AG’s Ninth Circuit Plea

    Because it could take a month or more for gays to marry in California, the state’s attorney general is begging the Ninth Circuit to act now.

    7 Comments / / Jun 27, 2013 at 3:25 PM
  • Supreme Court SCOTUS photo by David Lat

    California, Gay, Gay Marriage, Politics, SCOTUS, Supreme Court

    What’s Horrible About Hollingsworth Is Horrible for Us All

    The Supreme Court’s ruling in Hollingsworth v. Perry is a disastrous decision, as conservative columnist Tamara Tabo explains.

    62 Comments / / Jun 27, 2013 at 10:12 AM
  • american flag

    Clerkships, Gay, Gay Marriage, In-House Counsel, Pro Bono, SCOTUS, Supreme Court

    A Wonderful Day To Be an American

    Reflecting on the nobility of the legal profession.

    8 Comments / / Jun 26, 2013 at 3:11 PM
  • The front of the Supreme Court building: 'Equal Justice Under Law.' (Click to enlarge.)

    Anthony Kennedy, Antonin Scalia, California, Constitutional Law, Gay, Gay Marriage, John Roberts, Lesbians, Paul Clement, SCOTUS, Supreme Court

    The Supreme Court Holds That It Is Unconstitutional For The Government To Hate Gay People

    What was it like to be at the Supreme Court this morning, when two major rulings on gay marriage were handed down? A report from SCOTUS columnist Matt Kaiser.

    26 Comments / / Jun 26, 2013 at 12:06 PM
  • Rainbow_flag_and_blue_skies

    Anthony Kennedy, California, Constitutional Law, David Boies, Gay, Gay Marriage, John Roberts, Lesbians, SCOTUS, Stephen Reinhardt, Supreme Court, Ted Olson

    The Supreme Court Rules In Two Major Gay Marriage Cases

    Finally! The Supreme Court’s long-awaited rulings on gay marriage in California and the Defense of Marriage Act. What did the Court rule?

    49 Comments / / Jun 26, 2013 at 10:41 AM
  • Wendy Davis

    Abortion, American Bar Association / ABA, Antonin Scalia, Bar Exams, Biglaw, Cars, Celebrities, Election Law, Gay, Gay Marriage, Law Schools, Layoffs, Morning Docket, SCOTUS, Supreme Court, Technology, Texas, Women's Issues

    Morning Docket: 06.26.13

    * “Screw all these other cases, man, we’re ready for the real stuff — you know… the gay stuff.” Damn, a satirical article that perfectly captures our thoughts. Don’t worry, it’s coming today. [The Onion]

    * On a more serious note, this is obviously a really big day for gay marriage at the Supreme Court. Will the justices settle the score, or leave this movement’s supporters high and dry? [Wall Street Journal]

    * Big Tech has always been a proponent of gay rights, and some of the most respected brands in America are hoping same-sex marriage doesn’t get the blue screen of death from SCOTUS. [Politico]

    * Everyone else loses, but Scalia always wins. He couldn’t have asked for more after Section 4 of the Voting Rights Act was struck down. So long, “racial entitlements.” [L.A. Now / Los Angeles Times]

    * “No, we’re not going to do layoffs. We’d never do layoffs. Everything is just fine. Seriously, we won’t do stealth layoffs either. Promise! Believe us, pretty please,” said the managing partner of every peer Biglaw firm after the Weil winnowing. [Am Law Daily]

    * Law schools are freaking out about a new American Bar Association proposal to tighten their bar passage requirements, and they’re blaming all of their alarm on diversity issues. [National Law Journal]

    * This state senator wins the award for most unique filibuster attempt ever. To block new abortion regulations in Texas, Sen. Wendy Davis spoke endlessly for 11 hours straight. You go girl! [CNN]

    * Pop star Chris Brown was charged in a hit-and-run, and surprisingly, Rihanna had nothing to do with it. The new charges may affect his probation, and he might even go to jail. [Arts Beat / New York Times]

    * Breaking news, Aaron Hernandez was just taken into custody at his home. Discuss. [USA Today]

    8 Comments / / Jun 26, 2013 at 9:17 AM
  • Rainbow_flag_and_blue_skies

    Affirmative Action, Anthony Kennedy, Baseball, Biglaw, Gay, Gay Marriage, Law Firm Mergers, Law Schools, Money, Morning Docket, Politics, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Small Law Firms

    Morning Docket: 06.25.13

    * As we wait for the biggest cases of this term, the question that seems to be on everyone’s minds is: “What would Justice Kennedy do?” We might find out the answer today if we’re lucky. [New Yorker]

    * At least we know what Justice Kennedy wouldn’t do. He’d never disrespect his elders like Justice Alito did yesterday after rolling his eyes at Justice Ginsburg while on the bench. [Washington Post]

    * Meanwhile, although the Supreme Court punted an important affirmative action ruling yesterday, Jen Gratz’s life has been defined by a more meaningful one made about a decade ago. [Washington Post]

    * It’s not what you know, it’s who you know: Covington, the firm where ex-DOJ lawyers go to make money, is representing some very big tech companies in their dealings with the NSA. [Am Law Daily]

    * Fox Rothschild picked up a small Denver firm to reach a “critical mass” of attorneys in its new office and offer full service. FYI, “full service” in Colorado means weed law now, you know. [Legal Intelligencer]

    * “[G]iven the significant decline in law school applications,” Cincinnati Law is pushing for a 30 percent tuition and fees reduction for out-of-state students. That’s a step in the right direction. [WCPO ABC 9]

    * This guy had the chance to go to law school, and I bet he’s really kicking himself now after choosing to be a member of the Boston Red Sox bullpen instead. Poor kid, he could’ve had it all. [MassLive.com]

    16 Comments / / Jun 25, 2013 at 9:09 AM
  • Prostitution2

    Abortion, Affirmative Action, Baseball, Education / Schools, Gay Marriage, Morning Docket, Nina Totenberg, Prostitution, Samuel Alito, SCOTUS, Supreme Court

    Morning Docket: 06.20.13

    * Today is most likely going to be a banner decision day for the Supreme Court, so in wild anticipation, SCOTUS expert Nina Totenberg was on call to answer some need-to-know questions for the people about the innermost workings of the Court. [NPR]

    * One of the opinions we hope will drop at the Supreme Court today is that of the Fisher v. Texas affirmative action case. If you want some hints on how the three justices who attended Princeton (not counting Kagan) might rule, check this out. [Daily Princetonian]

    * Justice Samuel Alito is out in Texas where he threw the first pitch — “a bit wide of the plate” — in last night’s Rangers game. Will SCOTUS unleash anything important in his absence? [Washington Post]

    * Meanwhile, while we eagerly await decisions in the gay marriage cases next week, consider for a moment the possibility that this is all just but a gigantic train wreck waiting to happen. [New Republic]

    * Things are heating up in North Dakota where the battle over abortion regulations continues to rage on. What a shame, especially since we supposedly took care of this stuff in the early 70s. [ABC News]

    * “If this is what these women signed up for, who is anybody to tell them differently?” Two pimps were acquitted of sex trafficking after prostitutes testified on their behalf. [Thomson Reuters News & Insight]

    5 Comments / / Jun 20, 2013 at 9:04 AM
  • Amanda Bynes

    Biglaw, California, Celebrities, Constitutional Law, D.C. Circuit, Deaths, Education / Schools, Eric Holder, Federalist Society, Gay, Gay Marriage, Gender, Law Professors, Law School Deans, Law Schools, Litigatrix, Morning Docket, Police, Politics, Religion, SCOTUS, Shoes, Supreme Court, White House Counsel

    Morning Docket: 05.28.13

    * Let’s get ready to rumble! Some of the Supreme Court’s most controversial opinions yet are expected to be rolled out in the coming weeks — and maybe even today. Stay tuned for news. [CNN]

    * Let’s see what happens when Obama nominates three judges at once to the D.C. Circuit. How many of them will be confirmed as quickly as Sri Srinivasan? Probably not many. [New York Times]

    * White House counsel and leading litigatrix Kathryn Ruemmler is best known for her fabulous shoes, but this week, she’s taking some flak for her involvement in the IRS scandal. [New York Times]

    * “I don’t know whether the Lord Himself could get confirmed at this point.” It looks like poor Attorney General Eric Holder doesn’t have very many people left to turn to thanks to executive and congressional inaction. [Bloomberg]

    * When it comes to recent diversity efforts in Biglaw there’s an ebb, but not really a flow, and it’s all being blamed on the recession. Also, “diversity fatigue” is apparently a thing now. [New York Times]

    * The $200 million gender discrimination suit filed against Greenberg Traurig over the firm’s alleged “old boys club” has been settled for an undisclosed amount. You go girl! [Thomson Reuters News & Insight]

    * According to Judge Murray Snow, Arizona’s most beloved sheriff, Joe Arpaio, has been violating the constitutional rights of all of the Latinos whom he supposedly “hadn’t” been racially profiling. [Reuters]

    * My, how things change: David Blankenhorn, a man who once testified as an expert witness in support of Proposition 8 at trial, has come forward to condemn anti-marriage equality laws. [Los Angeles Times]

    * Stewart Schwab, the dean of Cornell Law School, will step down in June 2014. Perhaps the next dean will crack down on the number of cam girls pleasuring themselves in the law library. [Cornell Chronicle]

    * Law schools tend to be “bastions of liberalism,” which makes it hard for students to find intellectual diversity. It’s a good thing we’ve got the Federalist Society to balance things out. [Washington Times]

    * People who think Washington needs another law school propose one for students “who can’t afford to … go into debt … to get their legal degree.” This won’t sit well with the legal academy. [News Tribune]

    * With Lindsay Lohan stuck in rehab, Amanda Bynes decided it was her turn to go wild. The retired actress says she’s suing the NYPD for unlawful arrest and sexual harassment. [New York Daily News]

    * Alton Lemon, the Supreme Court plaintiff behind the eponymous Lemon test, RIP. [New York Times]

    8 Comments / / May 28, 2013 at 9:02 AM
  • Supreme Court SCOTUS photo by David Lat

    Constitutional Law, Elena Kagan, Federal Government, Paul Clement, SCOTUS, Sonia Sotomayor, Supreme Court

    The Big Week at SCOTUS: What Stands Out Most

    What were the highlights of last week’s Supreme Court arguments in the gay marriage cases? Michelle Olsen of Appellate Daily picks out a few.

    3 Comments / / Apr 1, 2013 at 5:07 PM

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