SCOTUS

Justice Ginsburg Swats Down Paul Clement’s Latest Attempt To Blow Up Recess Appointments

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Now there’s a cover boy for the conservative Tiger Beat.

Paul Clement must still be stinging from that Obamacare loss. The celebrated conservative lawyer and former Solicitor General seemed unbeatable after he managed to secure constitutional approval for the government to hold prisoners indefinitely while blasting Barry Manilow if the Vice President’s office says so.  People actually described him as the Michael Jordan of the law.

And then the Court upheld Obamacare. Even Jordan needed Pippen.

To reestablish his conservative street cred, Clement filed a petition with Justice Ginsburg to jump the line and put his case complaining about NLRB recess appointments, currently residing in a Connecticut district court, in front of the Supreme Court ahead of the high profile Noel Canning v. NLRB decision from the D.C. Circuit (discussed by Elie here).

Justice Ginsburg told Clement to pound sand.

What a diva!

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Morning Docket: 02.05.13

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* As President Barack Obama’s position on gay marriage continues to “evolve,” we’re left wondering what exactly Solicitor General Donald Verrilli will say come Supreme Court oral arguments showtime in late March. [New York Times]

* “This is a chilling document.” The moment you’ve been waiting for has arrived: the DOJ memo about the Obama administration’s most secretive and controversial policy, the legal justification of drone strikes against American citizens, was leaked. [NBC News]

* In the litigation blame game, the Department of Justice has a lawsuit cooking against Standard & Poor’s, the supposed “key enablers of the financial meltdown,” over the agency’s mortgage bond ratings. [Reuters]

* Many pieces from Dewey & LeBoeuf’s massive art collection were auctioned off on Friday for $528,120. The failed firm’s creditors must be chomping at the bit as they wait to receive the proceeds. [Blog of Legal Times]

* You must remember Cynthia Brim, the Chicago judge who was declared “legally insane.” She’s too insane to be found guilty of a battery charge, but not quite insane enough to lose her reelection bid. [Chicago Tribune]

* Apologies to those with disabilities in California, but this ruling has given the Law School Admissions Council free reign to continue to flag your applications if you got extra time on the LSAT. [National Law Journal]

* GW Law School is adding a new question to its application to gauge the LGBT status its applicants. Not sure how this will affect cratering applications, but drink more of the Kool Aid if it makes you feel better. [GW Hatchet]

* Here’s some sage advice from our managing editor: “If you’re not okay with working for free, don’t take the internship.” Or, in the alternative, you can sue, and win a fat settlement check. [International Business Times]

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It’s Justice Sotomayor’s Beloved World; The Rest Of Us Are Just Living In It (Plus Tales From Her Honor’s Neighbors)

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Justice Sotomayor can be seen everywhere — from First Street to U Street to Sesame Street.

I had the pleasure and honor of meeting then-Judge Sonia Sotomayor, at the time a member of the U.S. Court of Appeals for the Second Circuit, at a friend’s wedding in the spring of 2005. I wrote a quick story about it for my first blog, Underneath Their Robes. I praised Her Honor as “striking,” “glamorous,” and stylishly attired: “Based on her fashion sense, it sounds like she’d be more at home on a Paris runway!”

But what really struck me about Judge Sotomayor was how friendly and down-to-earth she was. She chatted amiably with everyone, just like an ordinary guest; she put on no Article III airs. And when the time came to cut the rug, she and Judge Barbara Jones — then of the S.D.N.Y., now of Zuckerman Spaeder — dominated the ballroom like it was their courtroom.

Now the rest of the nation is seeing the Sonia Sotomayor that I briefly glimpsed almost eight year ago. As reflected in recent media coverage, the Wise Latina is truly America’s judicial sweetheart. And super-nice to the neighbors in her U Street condo building — who have all sorts of fun dish on the justice….

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Quote of the Day: Let Your Inner Diva Shine, RBG!

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RBG, Law Diva

People ask me, “If you could be whatever you wanted to be, what would you be?” My first answer is not “a great lawyer.” It is, “I would be a great diva.” But I totally lacked that talent, so the next best thing is the law.

– Justice Ruth Bader Ginsburg, commenting on her true career ambitions during a recent interview about opera on New York Public Radio station WQXR’s “Operavore” program. (In Italian, a diva is a celebrated opera singer.)

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Morning Docket: 02.04.13

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* Aside from writing powerful opinions that will last the ages, being a mentor “is the most valuable thing” this Supreme Court justice can do. Sonia Sotomayor: motivational speaker? [New York Times]

* Aww, poor Biglaw partners. You want bigger cuts of your firm’s profits, but according to the latest Peer Monitor report, expectations like that are incredibly “unrealistic.” [WSJ Law Blog (sub. req.)]

* This actually isn’t something women like to shop for: the $200 million class action suit over the Greenberg Traurig “boys club” is currently being held up in two federal courts by arbitration and forum shopping issues. [Am Law Daily]

* With news that the legal industry is shedding jobs faster than the ABA can accredit more unnecessary law schools, career services officers must be hanging their heads in shame. [Thomson Reuters News & Insight]

* Dear law schools, your crappy business model is making us take a look at all crappy higher education business models, and we don’t like what we’re seeing here. Pls hndle thx. XOXO, Moody’s. [Washington Post]

* This is justice, Texas style: District Attorney Mike McLelland says the reward fund for tips in the brutal slaying of ADA Mark Hasse will grow to an “astronomical amount” until the killers are found. [Dallas Morning News]

* This lawyer allegedly had a fling with his sister-in-law out of the goodness of his heart, and in return, she accused him of sexual assault. Now he’s suing her for $7 million. You can’t make this sh*t up. [New York Post]

* In trying to get $700 in tickets dismissed, this lawyer says the U.S. Postal Service is immune from state and local traffic regulations. Other USPS immunities include not losing my mail on a regular basis. [USA Today]

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Non-Sequiturs: 01.30.13

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* Congress isn’t standing up to the Supreme Court as much as it used to. [SCOTUSblog]

* The Second Circuit really wants you to use a current email address. [Find Law]

* A bar exam for teachers? Why would we create a system that would make BAR/BRI more money? [Constitutional Daily]

* I kind of wish that everybody who offers an opinion on gun safety laws was required to have a law degree just so they could understand what’s actually being proposed. [Media Matters]

* Not that getting a bunch of constitutional lawyers together is a recipe for compromise on the Second Amendment. I just want people to know what’s being talked about. [Huffington Post]

* Stupid law firm slogan time! [Legal Cheek]

* Henry Blodget defends internet trolls everywhere. [The Awl]

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Quote of the Day: Bringing Crazy Back (to SCOTUS)

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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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Morning Docket: 01.30.13

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* Justice Sotomayor’s memoir made the NYT’s best-seller list, and in terms of sales, she’s officially beating the pants off other Supreme Court justices who’ve released books of a similar nature. [WSJ Law Blog (sub. req.)]

* In case you were sleeping under a rock yesterday when this happened, John Kerry was confirmed by the Senate as secretary of state. Don’t think we’ll be getting a Texts From John Tumblr, though. [New York Times]

* Despite having a “pretty spectacular” year, Blank Rome’s legal secretaries may soon find themselves blankly roaming in search of new employment. Better hurry up, the buyout offer expires on Friday! [Legal Intelligencer]

* Straight up now tell me, do you really wanna sue me forever? Corey Clark once claimed he had an affair with American Idol judge Paula Abdul, and now he claims MoFo and Gibson Dunn defamed him. [Am Law Daily]

* In this round of musical chairs, we learn that Orrick hoovered up three energy and project finance partners from Bingham, one of whom will co-chair the firm’s U.S. energy group. [Thomson Reuters News & Insight]

* Remember the Zumba prostitution ring? Now we know you can’t be prosecuted for secretly filming Johns in the act in Maine, because there’s no expectation of privacy in “bordellos, whorehouses, and the like.” [Wired]

* Energy drink makers are facing class action suits over claims made about their products. Fine, Red Bull may not give you wings, but it tastes like piss, and that’s gotta count for something, dammit. [National Law Journal]

* Much like herpes, Lindsay Lohan’s legal drama is the gift that just keeps on giving. Her longtime lawyer Shawn Holley wants out, and her new lawyer, Mark Heller, isn’t even licensed to practice in California. [CNN]

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Non-Sequiturs: 01.28.13

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* The latest bombshell in the Chevron / Ecuador litigation: an ex-judge cops to participation in a bribery scheme. [Fortune]

* I wish this “defense” of posting one’s law school grades on Facebook were more full-throated and “in your face.” [Virginia Law Weekly]

* I suspect Professor Stephen Bainbridge is in the minority here. Most of my law professor friends enjoy all-expenses-paid trips to the Cayman Islands. [Professor Bainbridge]

Elie Mystal, or Somali pirate?

* Professor Glenn Reynolds: “As the GOP looks for issues it can win on, how about lowering the drinking age?” I’ll raise a glass to that. [Instapundit]

* Ahoy, mateys! Did the Supreme Court grant cert in that piracy case out of the Fourth Circuit? [FindLaw]

* Not all liberals hate guns. [New York Times]

After the jump, the dashing and handsome Ryan Chenevert — Cosmo’s reigning Bachelor of the Year, and a Louisiana lawyer — offers his thoughts on dating….

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Morning Docket: 01.28.13

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* So, this happened over the weekend: Anonymous hacked the U.S. Sentencing Commission’s website and is threatening to release government secrets about the DOJ (and possibly all nine of our Supreme Court justices) unless the legal system is reformed. [CNET]

* A spoonful of sugar makes the lawyering go down? Apparently the best way to remind lawyers that they need to act civilly is through song. Or through Above the Law posts, but we aren’t in the habit of hosting sing-a-longs like the New York Inn of Court did. [Wall Street Journal]

* “[U]nless there are major changes in the legal industry,” law school administrators shouldn’t expect people to apply in droves, especially when they’re now fleeing like rats from a sinking ship. [National Law Journal]

* Arizona’s Supreme Court will allow people to take the bar exam after two years of study, but come on, the justices don’t want to jump the shark by allowing online law grads take the test, too. [East Valley Tribune]

* Tim Tebow got to trademark Tebowing, so why shouldn’t Colin Kaepernick get to trademark Kaepernicking? All the San Francisco 49ers quarterback wants to do is sell some inevitably overpriced t-shirts. [NBC Bay Area]

* An appeals court threw out two of Casey Anthony’s convictions, but her legal drama is far from over. The ex-MILF filed for bankruptcy to escape nearly $1 million in liabilities, including Jose Baez’s legal fees. [CNN]

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