SCOTUS

Don't be fooled by the 5-4 splits.

* Several people were reportedly shot this morning at a GOP baseball practice, including House Majority Whip Steve Scalise, who is now in stable condition. The gunman is in custody. We may have more on this later today. [The Hill]

* The Supreme Court has granted Acting Solicitor General Jeff Wall more time to file papers in order to respond to the recent Ninth Circuit decision upholding a lower court decision which blocked President Donald Trump’s travel ban. This means that any action taken by the high court on the administration’s emergency pleas for certiorari will be even further delayed. [Reuters]

* “I am protecting the right of the president to assert [executive privilege] if he chooses.” Attorney General Jeff Sessions seemed to have no desire to speak about his interactions or conversations with President Donald Trump regarding James Comey’s handling of the Russia probe during his Senate hearing yesterday, and didn’t feel the need to provide a real legal basis for his refusal to answer questions on the topic either. [New York Times; Washington Post]

* In the meantime, even though rumors have been swirling about President Donald Trump’s supposed desire to fire special counsel Robert Mueller, Deputy Attorney General Rod Rosenstein says he has no reason to fire Mueller at this time: “If there were good cause, I would consider it. If there were not good cause, it wouldn’t matter to me what anybody says.” [Law360 (sub. req.)]

* Marc Kasowitz may have taken a “career-defining” role representing the “predisent,” but one wonders what will happen to his law firm while he pursues this ambitious undertaking. Kasowitz Benson could suffer when it comes to recruiting new talent to the firm thanks to its leader’s choice of clientele, not to mention the fact that its revenue has been on the decline. [Am Law Daily]

* In an effort to fight the “historic drug epidemic” that in no way involves marijuana, AG Jeff Sessions has asked Congress to roll back the Rohrabacher-Farr amendment, which prohibits the DOJ from using federal funds to prosecute states that have instituted their own laws authorizing the “use, distribution, possession, or cultivation of medical marijuana.” [Washington Post]

* Herma Hill Kay, the first female dean of Berkeley Law, RIP. [The Recorder]

The Supreme Court just agreed to decide a profoundly important question in patent law right now.

Don't blame Trump/Sessions for this one; this is an Obama/Lynch job.

Who knew the Fair Debt Collection Practices Act could be so much fun? This guy!

* President Donald Trump will reportedly visit the Supreme Court later this week for Justice Neil Gorsuch’s official investiture ceremony. Based on the president’s prior behavior, it may only be a matter of time before he refers to his appointee as an “absolute disaster” whose “mind is shot.” [USA Today]

* Former U.S. attorney Preet Bharara, who was fired by President Trump after he was asked to remain in his post, says phone calls he received from Trump made in an effort to “cultivate some kind of relationship” made him uncomfortable. In response, a spokesman for Marc Kasowitz called Bharara a “resistance Democrat,” and said “he deserved to be fired.” [Washington Post]

* In other news, Marc Kasowitz, who will likely be setting up an office on White House grounds where he can run President Trump’s defense, has reportedly told White House aides to hold off on hiring their own lawyers — a move that would only be in his client’s interest, and against their own. [New York Times]

* In defense to a lawsuit, the Justice Department has likened President Trump to George Washington (yup!), alleging that Trump isn’t violating the Emoluments Clause of the Constitution by accepting payments for goods and services like hotel bills and golf club fees from foreign governments. [Bloomberg]

* In the wake of former FBI director James Comey’s tell-all appearance before the Senate Intelligence Committee, Attorney General Jeff Sessions will now have to testify himself on the ongoing probe into Russian’s election interference. Hmm, what will the recused AG have to say for himself? [New York Times]

* “It was really disgusting and really scary.” Joseph Amico of Las Vegas was arrested after he allegedly called New York lawyer Douglas Wigdor a “n**ger lover” and threatened to blow up his firm. Wigdor is representing plaintiffs in a racial discrimination lawsuit against Fox News Channel. [New York Daily News]

* Miguel A. Méndez, Stanford Law’s first Latino professor, RIP. [Stanford News]

It hasn't been the sexiest Term ever, but there are still cases worth discussing.

* Commuting to work counts as “work,” according to the European Court of Justice. I think five-year-olds everywhere would agree. [Independent]

* Harvard College rescinded the offers of 10 prospective students for trading sexually explicit memes and messages targeting minorities. When reached for comment, the Alt-Right First Amendment brigade decried the school’s lack of “intellectual diversity” probably, before masturbating to Birth of a Nation. [Harvard Crimson]

* Adam Feldman Empirical SCOTUS breaks down how the Court can avoid the stupid Travel Ban. [Empirical SCOTUS]

* Bill Cosby walked into his trial with Keshia Knight Pulliam. Pulliam played “Rudy” on the popular television show “The Cosby Show,” which has now been ruined forever. [The Root]

* Everybody is enjoying the Real Press Sec Twitter bot. [The Hill]

* Flint is one of those places where white people are winning the race war. [New York Daily News]

* Trump’s support didn’t predominately come for the white working class. It came from the white stupid class. [Washington Post]

* Since the Nazis have won anyway, sure, I’m ready for some football. I guess. Who cares. I envy the dead. [Deadspin]

Trump admits his Travel Ban is a Trojan Horse, before the courts accept it within the Constitutional walls.

Do you dare to complete the RBG workout?

* The Supreme Court has a few options when it comes to President Trump’s travel ban. The justices can grant or deny certiorari to hear the case, or grant or deny a stay on lower court rulings blocking various aspects of the ban. Either way, this case could become moot before it’s ever heard. [New York Times]

* Meanwhile, the man who’s the worst client in the universe lashed out at Justice Department lawyers this morning in a series of Tweets, demanding that the travel ban be referred to as a travel ban instead of the “watered down, politically correct version they submitted to [SCOTUS].” Congrats on undermining your case! [New York Times]

* Get your popcorn ready, because according to two senior administration officials, President Trump will reportedly not be invoking executive privilege to block former FBI director James Comey from testifying before the Senate Intelligence Committee later this week in the ongoing Russia probe. [The Hill]

* During a speaking engagement at Harvard, the Supreme Court’s freshman, Justice Neil Gorsuch, recounted the time he met Sandy, the dean of Oxford’s naked sex doll, who was dressed in only a boa. Although she could be counted on for answers, Gorsuch said she didn’t provide him with any. [Washington Post]

* Justice Ruth Bader Ginsburg will soon be the star of her very own fitness book. Co-authored by her longtime trainer Bryant Johnson and illustrator Patrick Welsh, “The RBG Workout: How She Stays Strong … and You Can Too!” (affiliate link) will be out the first week of October Term 2017. [Associated Press]

* Womble Carlyle is entering into a transatlantic merger with British firm Bond Dickinson to become Womble Bond Dickinson. The combined firm will have about 1,080 lawyers across 23 offices, with revenues exceeding $410 million. A spokesperson claims the tie-up will not result in layoffs. [News & Observer]

* Let’s get ready to rumble: the Trump administration seeks Supreme Court review — and rescue — of its travel ban. [New York Times]

* In other federal judicial news, the Ninth Circuit, sitting en banc, held that courts cannot routinely shackle defendants during proceedings; Judge Alex Kozinski wrote the majority opinion, and former Kozinski clerk Judge Sandra Ikuta wrote the dissent. [How Appealing]

* Judge Nicholas Garaufis (E.D.N.Y.) — who isn’t shy about telling lawyers how he really feels — has a new bee in his Article III bonnet: “I’m sick and tired of lawyers from white-shoe law firms marching into my courtroom and getting a deferred-prosecution agreement for their clients.” [ABA Journal]

* Why did President Donald Trump hire Marc Kasowitz to represent him in the Russia inquiry — and could DJT already be second-guessing that decision? [Weekly Standard]

* Speaking of the Russia probe, Robert Mueller is getting some high-powered help: outgoing Justice Department official Andrew Weissmann joins his former boss’s team. [Law360]

* Interesting new data from our friends at NALP: the $180K starting salary might not be as widespread as you think. [Law.com]

* President Trump plans to withdraw the U.S. from the Paris climate deal — but withdrawal can’t be finalized until near the end of his term because of the accord’s legal structure and language. [Washington Post]

What we deem reasonable from the police has become absurd.

Four current Supreme Court justices probably disagree with him.

* If two regional firms merge, do they become one national firm? [Philly.com] * The incredibly balanced year of the patent. [Empirical SCOTUS] * They don't call Law & Order: SVU ripped from the headlines for no reason. [Law and More] * The plan to remake federal courts over in Trump's image. I just threw up a little in my mouth. [The Hill] * AG Jeff Sessions seems pretty busy throwing an FBI investigator under the bus. [Huffington Post] * This is the kind of lawsuit that gives plaintiffs' attorneys a bad name. [Fox 25] * CBO proves: ACHA is a terrible idea. [Slate] * I'm sure Trump's motivation for this is completely pure. [Washington Post]

Without a circuit split, I see no reason SCOTUS would touch this case.

The Supreme Court has spoken, and change is coming to patent law yet again.

This isn't a surprising vote from Thomas, if you know how crazy he really is.

A very contemptuous first.

Paul, Weiss partner Roberta Kaplan reflects on the history-making case of United States v. Windsor.