Quote of the Day

I was trying to achieve a work-life balance after I had missed my children’s lives.

Lee Smolen, the ex-Sidley Austin partner who was hit with ethics charges after he faked almost $70,000 in reimbursable car fare expenses, during his testimony last week before the Illinois Attorney Registration and Disciplinary Commission. The IARDC seeks a temporary suspension of Smolen’s license to practice law as punishment for his pilfering.

Today’s majority cannot resist taking potshots at Abood… but it ignores the petitioners’ invitation to depart from principles of stare decisis. And the essential work in the majority’s opinion comes from its extended (though mistaken) distinction of Abood… not from its gratuitous dicta critiquing Abood’s foundations. That is to the good — or at least better than it might be. The Abood rule is deeply entrenched, and is the foundation for not tens or hundreds, but thousands of contracts between unions and governments across the Nation. Our precedent about precedent, fairly understood and applied, makes it impossible for this Court to reverse that decision.

– Justice Elena Kagan, using her dissent in Harris v. Quinn to shore up the compelling case that Abood cannot be reversed. Which is going to be downright hilarious next term when the Court goes ahead and reverses it.

– A screenshot of the answers to the New York Times crossword puzzle from earlier this week. Justice Elena Kagan is featured prominently in the puzzle’s 69 Across position. Per Professor Josh Blackman, Justice Kagan should consider this to be “one of the biggest nerd honors.”

Kentucky State Rep. Will Coursey

Let me ask you this. Did you tell her, “Don’t be a cockblocker”?

– Attorney Thomas Clay during the deposition of Kentucky State Rep. Will Coursey, who is currently facing a retaliation suit from one of his former staffers, Nicole Cusic. Coursey’s lawyer, William Johnson, wants the deposition to be sealed because the questions Clay asked were “the kind of smut and gossip that the media and the public would love, but [have] nothing to do with the relevance of this case.”

(Keep reading to watch video of part of Coursey’s “smut-filled” deposition.)

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Jesselyn Radack

I joke that I use drug dealer tactics. It’s a terrible way to work as an attorney, but you have to.

Jesselyn Radack, the national security and human rights director for the Government Accountability Project, commenting on the lengths to which she must go to protect her most famous client’s secrecy.

Radack represents Edward Snowden, and in her dealings with him she has abandoned WiFi — it’s too insecure — and used burner phones and two laptops (one of which is encrypted). She accepts only cash payments and will discuss his case only in person.

‘This one is about being successful and having breasts… at the same time!’ – an anonymous Biglaw chair-elect’s babysitter

You have to have good child care. A good marriage is nice; great child care is indispensable.

Jami Wintz McKeon, the first female chair-elect of Morgan Lewis & Bockius, explaining “how she does it” during a speech at the 8th Annual Women’s Leadership Luncheon. By “it,” McKeon meant being a mother of four and being in charge of a 1,400-lawyer Biglaw firm at the same time.

I just visited my wife and she said I like, blew up all over Facebook.

Jeremy Meeks, the 30-year-old California man whose mugshot went viral this week. Meeks previously served nine years in prison, and was recently arrested on gun charges in a multi-agency raid. He’s being held on $900,000 bond.

This image constitutes fair use. Not that Washington can do much about it now anyway.

‘The Court concludes that the [Board’s] finding that the marks at issue ‘may disparage’ Native Americans is unsupported by substantial evidence, is logically flawed, and fails to apply the correct legal standard to its own findings of fact.’ Those aren’t my words. That was the court’s conclusion. We are confident that when a district court reviews today’s split decision, it will reach a similar conclusion.

Bob Raskopf of Quinn Emanuel, trademark counsel for the Washington pro football club, discussing yesterday’s ruling invalidating the club’s federal intellectual property rights in the name ‘Redskins.’ Yes, maybe there’s a judge who still thinks Native Americans only “may” find the term offensive, even though it’s labeled “offensive” in the DICTIONARY. Raskopf is betting that a judge will hear argument on the USPTO’s detailed, 177-page opinion and find it as lacking in evidence as Judge Kollar-Kotelly did in 2003 (except the D.C. Circuit specifically limited that decision to the issue of laches).

It’s a more interesting bet than whether they’ll win the division.

Ted Olson and David Boies (photo by yours truly)

We do treat [gays] the same. None of them can get married to each other. That’s called equal protection. Are you familiar with that clause?

Stephen Colbert, speaking about same-sex marriage last night while interviewing David Boies and Ted Olson, the lawyers behind the legal challenge to Proposition 8 and the authors of a new book, Redeeming the Dream: The Case for Marriage Equality (affiliate link).

(More about Boies and Olson and their book, plus video footage of their Colbert Report appearance, after the jump.)

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Zephyr Teachout

I know I’m an underdog. But New Yorkers love underdogs!

– Professor Zephyr Teachout of Fordham Law School, who is running for governor of New York with Professor Tim Wu of Columbia Law School as her running mate.

(More about the professors’ foray into politics, after the jump.)

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