Ruth Bader Ginsburg

Supreme Court arguments are off and running, and the Supremes wasted no time in getting to the fun stuff. In this instance, it’s McCutcheon v. FEC, the case billed as Citizens United II: Electric Boogaloo. The conservative wing of the Court is expected to side with McCutcheon in its continuing war to make American elections safe for multi-millionaires.

Anyway, the oral argument was marked by the usual humorous sniping amongst the justices and lots of fun exchanges where counsel and the conservative justices worked overtime to subordinate reality to ideology. Up to and including Justice Scalia arguing that $3.5 million isn’t that much money for one individual to spend on an election.

Here are 3 immediate, largely stream-of-consciousness thoughts based on reading the transcript (available at the end of the post) coming out of this oral argument:

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When I can’t do the job, there will be signs. I know that Justice [John Paul] Stevens [who retired when he was 90] was concerned the last few years about his hearing. I’ve had no loss of hearing yet. But who knows when it could happen?

So all I can say is what I’ve already said: At my age, you take it year by year.

– Justice Ruth Bader Ginsburg, offering some cryptic comments on when she might step down, in an interview with Robert Barnes, Supreme Court reporter for the Washington Post.

(Do you think Justice Ginsburg, who is now 80 years old, should retire? Take our poll, after the jump.)

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Scalia’s buddy?

* The Supreme Court’s Term opens today, and the conservative justices may have the opportunity to shift the law even further to the right when it comes to today’s social issues. [Los Angeles Times]

* In his Biglaw days, Chief Justice Roberts “gave his adversaries heartburn.” Now, his litigation skills serve the same purpose for those giving oral arguments before SCOTUS. [National Law Journal]

* It seems that in the end, Justice Ginsburg’s career choices have been whittled down to the lyrics found in one of The Clash’s catchiest songs: Should she stay or should she go now? [Washington Post]

* In other news, in case you were wondering, Justice Antonin Scalia, a firm believer in the Devil, is just as scary in real life as he is when he haunts your dreams (which is impressive!). [New York Magazine]

* “If this continues, it’s going to be very problematic.” Clients are very annoyed, and some Biglaw firms continue to worry about how the government shutdown will affect their bottom line. [New York Law Journal]

* The defections at night, are big and bright, deep in the heart of Texas: Weil Gotshal’s Houston office is still leaking partners like a sieve. We’ll have more on these developments later today. [Law360 (sub. req.)]

* President Obama continues to comment on the important issues of the day. He’d “think about changing” the Redskins team name if he were its owner — just like this fired Quinn Emanuel associate. [CNN]

* Viva la raza! The federal government is too slow for California, so the governor signed a bill into law that will allow illegal immigrants to become licensed as lawyers. Congratulations to Sergio Garcia. [Reuters]

* No, we won’t remove that embarrassing story we wrote about you — but at least we’re not trying to charge you hundreds of dollars for its removal like those pesky mug shot websites. [New York Times]

Lady Gaga

* You skip over the footnotes when you’re reading for class, but Justice Ruth Bader Ginsburg doesn’t think you should. She’s a proponent of the most important footnote in all of constitutional law. [New Yorker]

* New York will modify its pro bono requirement for LL.M. students to allow public service completed outside the country. Well, so much for closing the state’s justice gap. [New York Law Journal (sub. req.)]

* Everything’s bigger in Texas, including the government-initiated trademark infringement actions over “Don’t Mess With Texas.” Like “I <3 NY," the Lone Star State's slogans are off limits. [New York Times]

* WUSTL Law Dean Kent Syverud didn’t mind advocating for halving professors’ salaries. He just stepped down to become Syracuse University’s president — for much higher pay. [National Law Journal (sub. req.)]

* You can sue Lady Gaga for overtime pay all you want, but you do not want to face her wrath. The pop star is due in court in early November where she’ll tell a judge “exactly what f**king happened.” [Daily Mail]

* Once again, Justice Ginsburg offers us some perspective on behind the scenes action at the Supreme Court. We bet you didn’t know that “Get over it” is one of Justice Scalia’s favorite expressions. [Politico]

* The chief justice of Delaware’s Supreme Court turned in his resignation papers on Friday, and rumor has it that the legendary Leo Strine will try to replace him. Best of luck, Chancellor! [Reuters]

* “I wasn’t looking for a job.” Paul Aguggia, the chairman of Kilpatrick Townsend & Stockton, will step down to cash in as the CEO of a New Jersey bank where he served as outside counsel. [American Banker]

* This is what it’s like when bankruptcies collide: AMR Corp. is now disputing Dewey’s billables, including 1,646 hours of contractually prohibited work completed by first-year associates. [Am Law Daily (sub. req.)]

* Bank of America is bleeding money in settlement payments. A $39 million payout in a Merrill Lynch gender bias case brings the total to about $200 million in under two weeks. [DealBook / New York Times]

* GW Law starts its dean search next month, and whoever takes the position needs to be good at raising funds, because the school has struggled in that department ever since Dean Berman left. [GW Hatchet]

* An Ivy League law professor tells us the third year of law school is a “crucial resource” to ensure lawyers are well-trained, so classes like “Understanding Obama” must be social imperatives. [Washington Post]

* It seems to me that the only jurors who might be influenced by the depiction of the legal system on Law & Order are the ones who were too dim to figure out how to get out of jury duty. [WSJ Law Blog (sub. req.)]

Scalia/Ginsburg: coming soon to an opera house near you?

We recently shared with you a fascinating, legally themed musical project: Scalia/Ginsburg, an opera about two of the U.S. Supreme Court’s leading lights, by award-winning composer Derrick Wang.

Justice Scalia and Justice Ginsburg, longtime colleagues and good friends, don’t share much in terms of jurisprudence but do share a love of opera. It’s fitting, then, that their Con Law clashes will serve as the basis for a new operatic work.

Where did Wang come up with the idea for an opera about these two distinguished jurists? As it turns out, Wang is not only a composer but a law school graduate. Where did he go to law school, and why?

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Justice Anthony Kennedy

What Earl Warren was to civil rights and what Ruth Bader Ginsburg was to women’s rights, [Anthony] Kennedy is to gay rights.

Michael C. Dorf, a professor at Cornell Law who once served as a clerk to Justice Kennedy, offering high praise to his former employer in light of the jurist’s landmark opinions championing gay rights.

* We bet you never thought you’d be spending Labor Day weekend debating with your relatives the legality of a U.S. military strike on Syria and the intricacies of international law. Gee, thanks President Obama. [CNN]

* Over the long holiday weekend, Justice Ruth Bader Ginsburg served as officiant at the gay wedding of John Roberts. No, not that John Roberts, but what an incredibly apropos coincidence that was. [Washington Post]

* Speaking of same-sex marriage, even though “[n]o one told [him] it was an easy job when [he] signed on,” Justice Anthony Kennedy revealed himself to be an ally of the gay rights movement. [New York Times]

* Two days after filing an appeal with the Third Circuit, the parents of a deceased Cozen O’Connor partner have ended their battle to deny their daughter’s profit-sharing benefits to her wife. [Law360 (sub. req.)]

* Twitter’s general counsel deactivated his account position with the social media giant, and looks forward to “goofing off.” Congrats to Vijaya Gadde, who will head up the company’s IPO. [Bits / New York Times]

* Biglaw’s latest scapegoat for the culling of the associate herd is the decline of Chapter 11 filings, otherwise known by industry insiders as the “bankruptcy recession.” [New York Law Journal (sub. req.)]

* Without any rabbits left to pull out of hats, it’s been predicted that by 2018, the Magic Circle will be no more. This is one disappearing act lawyers obsessed with prestige hope will never happen. [The Lawyer]

* If you want to learn more about fashion law, check out this interview with Barbara Kolsun, a woman who literally wrote the book on it (affiliate link) while serving as general counsel at Stuart Weitzman. [Corporate Counsel]

* So what has Kenneth Randall been up to since he left the deanship at Alabama School of Law? He’s working to “train law students for jobs that don’t require a bar license” over at InfiLaw. Awesome. [Tuscaloosa News]

* Legal commentators like Elie and Lat would be ecstatic if law school were two years long, but because so many others have a “vested interest in the status quo,” change will come at approximately half past never. [CNBC]

* Ronald H. Coase, influential legend of law and economics and Nobel prize winner, RIP. [Chicago Law]

Amanda Knox

* Justice Ruth Bader Ginsburg was chatty this week. In terms of same-sex marriage, the Notorious R.B.G. thinks “[t]he court handled both of those cases just the way they should have.” [Bloomberg]

* And just like a mean girl, Ruthie’s claws were out. After calling the Roberts Court “one of the most activist courts in history,” she offered comments on Justice Samuel Alito’s eye-rolling. [New York Times]

* Don’t cry for Argentina, the truth is it never respected you. After losing an appeal at the Second Circuit, the country has vowed to defy any of the court’s rulings with which it doesn’t agree. [Reuters]

* Texas takes the bull by the horns: the state’s Supreme Court will consider if it has the power and jurisdiction to grant gay divorces despite the fact that it bans gay marriage. [Houston Chronicle]

* “I have a temperament that doesn’t adapt well to politics. It’s because I speak my mind so much.” Joaquim Barbosa, chief justice of Brazil’s highest court and one of the most influential lawyers in the world (according to Time), isn’t afraid to tell it like it is. [New York Times]

* Since she was already acquitted of the murder of Meredith Kercher, Amanda Knox (fka Foxy Knoxy) will not be returning to Italy for her retrial. That would be as silly as admitting to participation in orgies. [CNN]

* Following a settlement on undisclosed terms, the suit filed against Paula Deen has been dismissed. It’s too bad that the Baroness of Butter’s career sunk like a spoiled soufflé in the process. [Businessweek]

* New York’s AG filed a $40M suit against Donald Trump, a rich man who can’t afford a decent hairstylist and allegedly makes students at Trump University weep with his “bait-and-switch” tactics. [NBC News]

* Former federal prosecutor Moe Fodeman of Wilson Sonsini breaks down the case against Walter White. Spoiler: Fodeman thinks Orange Is the New Black for White. [Esquire Culture Blog]

* President Obama joins the chorus calling for an end to the 3L year. But when will students take all those Law and “Running a Massive Domestic Spying Operation” seminars? [Buzzfeed]

* At the end of this HuffPost Live clip, Elie suggests anti-gay clergy should unsubscribe from the Bravo network. Seems unfair to those who enjoy watching “Real Housewives of the Provo Tabernacle.” [HuffPo Live]

* Scottie Pippen and Horace Grant formed a dominant NBA Jam team. But without Grant, Pippen got dismantled by the duo of Easterbrook and Posner (and Williams). [FindLaw]

* Jim Beam has resuscitated Seinfeld attorney Jackie Chiles in a new ad campaign about suing bears for stealing honey. It mkaes slightly more sense when you see the whole ad. Slightly. [Hollywood Reporter]

* Judge E. Curtissa Colfield seems to have gotten a little drunker than she thought the other night and started berating cops. Maybe drinking is why she had that problem getting those decisions issued on time. [Legal Juice]

* Is rapping about crime probative to charges of committing a crime? Both the majority and dissenting opinion are worth a read. [Las Vegas Law Blog]

* Speaking of…. Taking the Notorious R.B.G. label seriously, here’s some SCOTUS-themed lyrics to Biggie’s Juicy. Embed after the jump….

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