Proposition 8

Yet many professional athletes are speaking up—both to clear the way for any teammates who may be gay and closeted, and from an understandingof how even seemingly minor acts by professional athletes can reverberate with the public. Tolerance is becoming the message in locker rooms and from teams that recognize they cannot countenance use of pointless slurs like “faggot,” “queer,” and “gay.” Regardless the intent with which those terms are spoken, they classify a group and particular people as synonymous with the lesser, and professional athletes are beginning to understand that.

– Minnesota Vikings Punter Chris Kluwe and Baltimore Ravens Linebacker Brendon Ayanbadejo (congratulations on the Super Bowl) in an amicus curiae brief filed with the Supreme Court in Hollingsworth v. Perry, regarding the fate of California’s Proposition 8.

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The Notorious P.O.P.E.

* Like any lawyers worth their salt, attorneys for the Obama administration are wasting precious time and procrastinating on whether they’ll weigh in on the Supreme Court’s Prop 8 case. [Wall Street Journal (sub. req.)]

* The nation’s largest companies, on the other hand, filed a brief with the Supreme Court concerning the DOMA case. Of course, they care more about money than people, but that’s beside the point. [New York Times]

* Lanny Breuer took his sweet time turning in his resignation from the top post of the DOJ Criminal Division, but his acting successor was named quite quickly. Welcome aboard, Mythili Raman. [Blog of Legal Times]

* Francine Griesing, the ex-Greenberg Traurig partner who alleged the firm was a “boys club,” agreed to mediate her claims. Too bad, we hoped something would actually happen with this case. [Legal Intelligencer]

* Hoping to get all your law school applications out before that looming March 1 deadline? Not gonna happen. LSAC’s site has been borked since Tuesday. Take this for the obvious sign that it is! [National Law Journal]

* Surprisingly not from The Onion: the Vatican wants to call the retiring pontiff “Pope Emeritus,” but a California rapper that no one’s ever heard of is threatening trademark litigation to stop it. [Borowitz Report / New Yorker]

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….

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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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