SCOTUS

Why can’t we get one of these for the justices?

I have previously suggested that the members of the U.S. Supreme Court have a private jet at their disposal. The executive branch has Air Force One and Air Force Two. Isn’t the co-equal third branch of government entitled to “Air Force Three”?

I’m being quite reasonable. I’m not advocating for “one justice, one plane,” a la Reynolds v. Sims. I think it’s fine for the nine to share a single plane and divvy up the hours amongst themselves, not unlike customers of NetJets. Given the security threats faced by the justices — see, e.g., Justice Stephen G. Breyer, who has been robbed at knife point and victimized by a burglar — it would seem prudent to reduce their commercial flying.

So that’s the case in favor of “Air Force Three.” The case against: if the justices didn’t fly commercial, then we wouldn’t have fun celebrity sightings like this one….

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* She loves me, she loves me not: media darling Sonia Sotomayor used to be in favor of the use of cameras during Supreme Court arguments, but she’s done a complete about-face on the issue, just like Justice Elena Kagan before her. [National Law Journal]

* Everyone and their mother knows what Antonin Scalia thinks of the State of the Union address, but let’s find out what my colleague Elie Mystal thinks about the good justice’s antics — namely, Scalia’s non-attendance for the past sixteen years. [HuffPost Live]

* American Airlines and US Airways will be merging to create the largest (and most awful) airline in the country. Perhaps the DOJ’s antitrust division can save us from this parade of horribles. [DealBook / New York Times]

* It looks like Team Togut is going to have a crappy Valentine’s Day. They thought that their partner problems were all wrapped up, but according to these filings, it seems that they’ve only just begun. [Am Law Daily]

* If Irving Picard, the trustee in charge of the Bernie Madoff bankruptcy case, is able to get his way, money will soon be raining upon the victims of the massive Ponzi scheme at warp speed. [WSJ Law Blog (sub. req.)]

* This probably isn’t just a “distraction” or “silly sideshow” anymore, because Apple now says it will be fighting Greenlight’s attempt to block the tech company from restricting its issuance of preferred stock. [Bloomberg]

* Instragram has asked a federal court to toss a lawsuit over changes to the photo-sharing app’s terms of service because it contests that users still own the rights to all of their fugly Walden-filtered pictures. [Reuters]

* Remember Kenneth Kratz, the former Wisconsin prosecutor who referred to himself as “the prize”? He’s settled his sexting suit with Stephanie Van Groll, also known as the “hot nymph.” [Twin Cities Pioneer Press]

* Go to grad school at Lehigh for free: check. Sue for $1.3M over your C+: check. Get chastised by a judge over your ridiculous lawsuit: check. Whatever, we still beat Duke, and that’s really all that matters. [Morning Call]

– Meow! Down boys! This is a sexy little Valentine’s Day card created by the editors of the Georgetown Law Weekly.

(If this delicious diva doesn’t get your motor running, continue reading to see the romantic stylings of Justice Clarence Thomas.)

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‘That’s just our special sauce!’

* Six Supreme Court justices attended last night’s State of the Union address, and although it was all hugs and kisses and handshakes to start off with, some looked as if they were due for naptime by its end (coughRBGcough). [Blog of Legal Times]

* It’s a clash of the Biglaw titans! In a face off between legal heavyweights, the Second Circuit has set aside time to hear arguments from Ted Olson and David Boies in the Argentine bondholder case. [Thomson Reuters News & Insight]

* Dewey know if this document specialist’s Worker Adjustment and Retraining Notification Act lawsuit has got any legs to it? It certainly must, because Judge Martin Glenn very recently denied the failed firm’s motion to dismiss it. [Am Law Daily]

* Congratulations to Paulette Brown of Edwards Wildman Palmer. This Jersey girl is the uncontested nominee for ABA president in 2015, making her the first minority woman to hold the title. [New Jersey Law Journal]

* Send in the clowns (or loads of O’Melveny and Akin lawyers): Apple’s CEO, Tim Cook, has a low opinion of David Einhorn’s Greenlight Capital lawsuit, referring to it as nothing more than a “silly sideshow.” [Reuters]

* “It is up to us in the academy to prepare our students for the future no matter what it holds.” Dean Frank Wu of UC Hastings seems to be on the right track when it comes to necessary law firm reforms. [Huffington Post]

* Poor, poor Teresa Wagner. She was allegedly denied a job because of her conservative views, and her case ended in a mistrial. That kind of a thing could drive a woman to drink… and drive. [Iowa City Press Citizen]

* Not only does Lehigh University ruin every college basketball bracket in the nation, but it also provides great “I’m suing you because of my crappy grades” fodder. Oh my God, I really miss you, Lehigh! [Morning Call]

* Thanks to the wisdom of the Ninth Circuit, we now know that, at least in Washington, a spit-laden hamburger from Burger King is grounds for emotional distress damages. Ugh, that’s nasty! [WSJ Law Blog (sub. req.)]

It’s that time of year again! Time for all lawyers to tear themselves away from drinking at their desks and gather around a television to participate in an Above the Law drinking game.

Where else is there a drinking game focused on Justice Ginsburg AND Ted Nugent?

Remember to follow your Above the Law editors covering the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, @StaciZaretsky, and @JosephPatrice (because a week after the fact, I realize it’s too difficult to tweet from my usual handle and have people realize who I am).

Unless otherwise noted, take a sip whenever these come up….

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Justice never sleeps… except during Obama’s SOTU addresses.

* “You just sit there, looking stupid.” The justices of the Supreme Court aren’t required to show up and look like “potted plants” at the State of the Union address, but some of them do every year. [CNN]

* Well, thanks to the DOJ’s fraud lawsuit filed against ratings agency Standard & Poor’s, it’s starting to look a lot like a litigation gang bang up in here as far as the states are concerned. [Bloomberg]

* Dewey know whether D&L’s retirees are still kicking (legally speaking) or if they’ve decided to send their claims to hospice? We certainly do, and we’ll have more on this later. [Am Law Daily]

* That “death and taxes” thing may be true, but when you’re trying to navigate the U.S. tax code as a married same-sex couple and the government won’t even recognize your union, there’s an uncomfortable air of uncertainty. [New York Times]

* “Have we seceded already? The execution is faster than I thought.” Guess which state in the Deep South accidentally raised a Confederate battle flag over the building that houses its Supreme Court. [Clarion-Ledger]

* Mama said knock you out: if you’re trying to figure out how to get a job after graduating from New England Law School, moonlighting as a champion boxer will help you beat down the competition. [Boston Herald]

Judge Lynn Hughes

* Above the Law promotes real-world change! Complaint filed against a Texas judge after we call him out for being RACEIST! [ABA Journal]

* If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]

* If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]

* Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]

* Federal District Judge John Lungstrum calls out a couple trial teams for terrible trial work. Biglaw litigators may not be the best trial attorneys? You don’t say. [New York Personal Injury Attorney Blog]

* Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]

* Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]

* SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]

Talk to the hand, Nino, talk to the hand.

* “But Daddddddd!!!” Sorry, HealthBridge, but sometimes mom’s word is the law. After RBG slapped down a request to review the constitutionality of Obama’s recess appointments, the rest of the Supreme Court told Scalia to STFU. [Blog of Legal Times]

* “The very idea that she would be headlining a Pepsi event is shocking.” Are Justice Sonia Sotomayor’s days as a judicial darling coming to an end? After attending this event for Yale Law women in April, they may be numbered. [New York Times]

* And you thought they were “Burning Down the House” before! Standard & Poor’s has hired talented trial attorney John Keker of Keker & Van Nest to represent the ratings agency in the DOJ’s $5 billion suit. [Reuters]

* Talk about a soft landing: David Kappos, the former director of the United States Patent and Trademark Office, was picked up by Cravath. He’s only the fourth lateral partner the firm’s hired in 50 years. [Am Law Daily]

* Hilarie Bass of Greenberg Traurig is one of the most powerful women in Biglaw. In consideration of that $200M suit, the firm is now shifting to a “boys and one girl club” model. [Daily Business Review (sub. req.)]

* “Axiom simply does it better, faster and cheaper.” The innovative legal services company manned by Biglaw refugees celebrated its thirteenth anniversary with a bang — $28 million in funding. [WSJ Law Blog (sub. req.)]

* Oh noooo! We’re a public school and we don’t have enough students to fill the seats! Let’s raise tuition by six percent, then charge everyone the new in-state price, and pretend like it’s a favor. Yay! [National Law Journal]

Or lunch. Specifically, what Chief Justice John Roberts had for lunch yesterday, and where….

UPDATE (12:00 PM): And with whom JGR might have dined. See the update appended near the bottom of this post.

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Well, a piece of me would want her to become a justice instead of a person on television….

– Justice Sonia Sotomayor, in response to Stephen Colbert’s question — “When you go to the Bronx and you see a young girl on a playground there, do you think, ‘That child has the same opportunities I had when I was a child’?” — posed during last night’s episode of the Colbert Report. Sotomayor seemed generally confused, but attempted to play it off as if she had just pulled one over on Colbert.

(Continue reading to see a clip of the interview in question.)

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