SCOTUS

Justice Scalia is fond of reminding me that he was the first Yankees fan on the Court and he is still a very loyal Yankees fan. I keep telling him the only difference is that I was born in the Bronx and he wasn’t.

– Justice Sonia Sotomayor, discussing her love of the New York Yankees, after she spent yesterday afternoon with the Bleacher Creatures at Yankee Stadium.

(After the jump, an unusual photo of Justice Sotomayor at the game….)

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Ted Cruz

Congratulations to Ted Cruz, who will most likely be the next U.S. Senator from the great state of Texas. Cruz, who is currently a partner at Morgan Lewis, just won a runoff election for the Republican Senate nomination. Considering that Texas hasn’t sent a Democrat to the Senate since Lloyd Bentsen in 1988, the general election is probably Cruz’s to lose.

Cruz, 41, defeated a formidable opponent in the primary: Lieutenant Governor David Dewhurst, 66, who had the advantage of wide name recognition thanks to nine years in his current statewide office. Dewhurst, a wealthy businessman, also had money on his side: he outspent Cruz by about three to one. But Cruz — an amazing college debater, known for making his opponents wet themselves (he and I know each other through debate circles) — knows how to fight. And to win.

Ready for some résumé porn? Read on to learn about Cruz’s Texas-sized achievements….

double red triangle arrows Continue reading “Congratulations to Ted Cruz, Tea Party Favorite in Establishment Clothing”

* Chief Justice John Roberts, in his capacity as circuit justice for the Fourth Circuit, has given the green light — for the time being — to Maryland’s continued collection of DNA samples from people charged with violent felonies. [New York Times]

* Professor Dan Markel isn’t a fan of the practice, arguing that it “is yet another abuse of the presumption of innocence.” [PrawfsBlawg]

* In other Supreme Court news, the proponents of Prop 8′s ban on gay marriage have filed a petition for certiorari with the Court. [Arthur Leonard / Leonard Link]

* And in other gay marriage news, yet another federal judge — Judge Vanessa Bryant (D. Conn.), a Bush II appointee — has struck down Section 3 of the Defense of Marriage Act. [Chris Geidner / BuzzFeed]

A California litigatrix's lawyerly lair.

* Lawyerly Lairs: Emily Alexander’s beautiful, light-filled home is awash in color. There are no hunting prints in sight — even though she used to practice at Sullivan & Cromwell. [California Home + Design]

* The mother of a man who died during a police chase has sued the SFPD over her son’s accidentally shooting himself. Opines SFist: “It remains unclear to us why [Kenneth] Harding has been chosen to serve as a martyr, given his not-so-stellar record and the self-inflicted wound.” [SFist]

* Poor Professor Campos — does his self-loathing know no bounds? The prominent law professor, one of legal academia’s harshest (and most eloquent) critics, has now turned his powerful fire on baby boomers — of whom he is one. [Salon]

Scalia to Posner: You're not the boss of me!

Over the years, Judge Richard Posner (7th Cir.) has sent a number of his clerks to the chambers of Justice Antonin Scalia. Query whether Judge Posner’s record as a feeder judge to Justice Scalia will be impaired by the recent sniping between them (or by Judge Posner’s ideological drift; as he recently told NPR, he has grown less conservative “since the Republican Party started becoming goofy”).

Last month, Judge Posner expressed misgivings over Justice Scalia’s impassioned dissent in Arizona v. United States, a high-profile case about immigration. Judge Posner questioned the “famously outspoken” justice’s decision to include complaints about illegal immigrants in his dissent, suggesting that such discussion might be more appropriate for a campaign ad than a judicial opinion.

In a recent interview, Justice Scalia benchslapped back — hard. What did he have to say?

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* Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]

* Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]

* In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]

* “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]

* We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]

* Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]

* And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]

What a weird situation…. [But Justice Scalia] is an incredible game player, using intellectual honesty as a trope, and that is the kind of thing that David Wallace would just love.

Elizabeth Wurtzel, the successful writer turned lawyer and legal commentator, on the surprising friendship between her close friend, David Foster Wallace, and Justice Antonin Scalia.

(The background behind Justice Scalia’s interest in Wallace, after the jump.)

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The vetting of a Supreme Court Justice

Ted Frank tweeted something brilliant at us this weekend. A law professor and blogger, Kyle Graham, was digging through documents at the Reagan Presidential Library. (Side note: if you’ve never been to a presidential library, go; all the ones I’ve been to are excellent.) Professor Graham came across a great find: the vetting form that O’Melveny & Myers chairman A.B. Culvahouse used to vet Supreme Court Justice Anthony Kennedy.

The document is fascinating. Vetting somebody for a lifetime appointment is serious business, but it’s hard to imagine having your private life invaded to this magnitude.

It’s particularly interesting in light of Chief Justice John Roberts’s vote in the Obamacare case. Lots of people have asked why conservatives seem to have problems nominating justices who will doggedly toe the ideological line. Perhaps some answers can be found in the vetting document?

double red triangle arrows Continue reading “So You Want To Be A Supreme Court Justice? Don’t Sniff Glue.”

* Presidential campaigns for Election 2012 are focusing in on the Supreme Court and future appointments to the high court, and Vice President Joe Biden is really not a fan of Justice Scalia. [POLITICO]

* Dewey know what the ramifications of D&L’s $50M insurance policy will mean for the resolution of the failed firm’s bankruptcy proceedings? Well, Steve Davis is probably happy. [Thomson Reuters News & Insight]

* Howrey going to pay off all of our creditors? Probably by dipping into the coffers of the 70 other law firms that took on our defectors. Have fun with all of those subpoenas. [Capital Business / Washington Post]

* The percentage of women in Biglaw partnership positions is up 2.8% since 2003, but the equity gender gap remains. At least some progress is being made. [National Law Journal]

* “I thought your papers were terrific, I just disagreed with them.” Kleiner Perkins isn’t a fan of backhanded compliments, so the firm is appealing a judge’s decision to keep Ellen Pao’s case out of arbitration. [Reuters]

* James Holmes, the alleged shooter in the Aurora movie-theater massacre, is scheduled to make his first court appearance today for an initial advisement. Thus far, he’s facing at least 71 charges. [Denver Post]

* The class action suit filed against Cooley Law over its allegedly deceptive employment statistics has been dismissed, much like the NYLS lawsuit before it. More on the dismissal to come later today. [WSJ Law Blog]

* “Sex isn’t going to buy me dinner.” Michael Winner, the attorney accused of offering “pro boner” assistance to female inmates, claims in an interview that the allegations against him are “just plain false.” [WSB-TV Atlanta]

Actually, just like most cert petitions, drama got denied. In an interview last night with Piers Morgan of CNN, Justice Antonin Scalia, the Supreme Court’s longest-serving member, denied that he had any kind of tiff with Chief Justice John Roberts over National Federation of Independent Business v. Sebelius (aka the Affordable Care Act case, aka Obamacare).

Justice Scalia’s denial of drama is pretty funny, actually. Let’s read about it — along with the latest opinion polls about public approval of the SCOTUS….

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Accreditation Appeal²

* How many of Above the Law’s Scalia groupies tuned in to watch the opinionated Supreme Court justice on Piers Morgan last night? Now we all know what Justice Scalia’s favorite pasta dish is! [CNN]

* In other news, the Supreme Court’s approval rating has dropped even lower in the wake of the Affordable Care Act decision — just 41% of Americans are satisfied with SCOTUS. [New York Times]

* Dewey know if D&L is going to be able to pay out bonuses and retention fees? Not if the U.S. Trustee can help it. They’re not “cost effective or economically feasible” — go figure. [Bloomberg]

* City records for Boaz Weinstein’s and Tali Farhadian Weinstein’s $25.5M lawyerly lair have officially hit the books. Not too shabby for a federal prosecutor. [New York Observer]

* “I am not a racist. I am not a murderer.” George Zimmerman sat down for an interview with Sean Hannity to tell his side of the story. Prosecutors must be thanking Zimmerman’s attorney for this gift. [Orlando Sentinel]

* Duncan Law is appealing its accreditation appeal before the American Bar Association’s Section of Legal Education and Admissions to the Bar. This must be the three strikes approach to accreditation. [ABA Journal]

* Give this undocumented immigrant one of the documents he’s earned. Immigration law professors are lining up to support Sergio Garcia’s attempt to win admission to the California bar. [National Law Journal]

* California’s foie gras ban will remain in effect due to the lack of a “satisfactory explanation” as to why a TRO should be granted. Sorry, but wanting to eat classy French food isn’t a good enough reason. [Businessweek]

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