SCOTUS

Justice Antonin Scalia

Congress has its job and we have ours…. They can’t tell us to set aside rules of logic!

– Justice Antonin Scalia, speaking over the weekend at the National Lawyers Convention of the Federalist Society. He was responding to a question as to whether Congress could pass laws dictating how judges interpret the law.

(Additional highlights from Justice Scalia’s speech, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Actually, They Do It All the Time; It’s Called ‘Legislation’”

Justice Samuel Alito

Where did we go wrong?

– Justice Samuel A. Alito, imagining the reaction of Yale Law School professors to the fact that he and Justice Clarence Thomas were, for a time, the two YLS graduates on the Supreme Court. Justice Alito delivered the keynote address last night at the annual dinner of the Federalist Society.

(Additional highlights from Justice Alito’s speech, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Justice Alito on Yale Law School”

* Everyone wants to know who Obama will appoint to the high court during his second term as president. Our very own David Lat chimed in with his suggestions on this panel of notable Supreme Court watchers. [BuzzFeed Politics]

* “If you are writing a biography and either you or your subject are married to a third person, and you have sex, you have done something wrong.” Well, that’s one way to reduce the amount of scandal in your life. [Instapundit]

* Who is the shirtless FBI agent who allegedly sent a sexy picture to Jill Kelley of the Petraeus Pentagon — a picture that got him kicked off the case — and how bodacious is his bod? [Business Insider]

* There is no “best way” to ask for a raise, especially in this economy. But if you’re feeling sassy, you can take some of this sound advice. [Corporette]

* Apologies to all you Beliebers, but California’s Paparazzi Law was just invalidated as unconstitutional. [Cheat Sheet / Daily Beast]

* A time when you really shouldn’t have to yell, “Don’t tase me, bro!”: when you’re trying to use a garden hose to prevent your house from catching fire. [Legal Blog Watch]

The 2008 Secession Proposal

In the wake of last week’s election, citizens from all 50 states have signed petitions calling for secession from the United States. These petitions have been filed with the White House’s “We the People” website, an initiative of the Obama administration to encourage public involvement in government. Once a petition reaches the threshold of 25,000 signatures within 30 days, the White House forwards the petition to its policy experts to draft a formal response.

It’s kind of ironic that these neo-secessionists submitted their formal demands through a government initiative specifically created by Barack Obama. It’s ironic because, while each state’s petition varies a bit in substance, the crux of every petition is “we don’t like that crazy Kenyan socialist president.”

Just to recap: Kenyan Head of Government. Not Kenyan Head of Government. Kenyan. Not KenyanKenyonNot Kenyan.

As of this hour, only a handful of states have reached the signature threshold to trigger an official White House response. Wanna take a guess which states are ready to bail? If you guessed “states that have past experience with secession,” you’d be right. Alabama, Florida, Georgia, Louisiana, North Carolina, Tennessee, and Texas have all finished their secession petitions.

Do these petitions signal a new round of secession?

(SPOILER ALERT: No)

double red triangle arrows Continue reading “Should I Stay Or Should I Go Now? Post-Election Secession Talk”

Megyn Kelly

* Barack Obama will not be invited to party with the Supreme Court justices to celebrate his reelection — which is too bad, because from what we hear, they really know how to get down. [WSJ Law Blog]

* Here’s a protip that essentially comes straight from David Petraeus. You can add these to the list of crazy things that your jealous mistress will say to any other woman who so much as looks in your direction. [Althouse]

* “Is this just math that you do as a Republican to make yourself feel better?” Career alternative for this attorney: bludgeoning Karl Rove with witty election night insults for his failure to admit Obama won Ohio. [Daily Beast]

* Here’s a list of the five kinds of partners you’ll typically find in Biglaw. All you’ve got to do is find their weaknesses, and use them to your advantage. [Greedy Associates / FindLaw]

* In the days ahead, should law schools cut tuition or cut class size? Obviously the solution is to do a little from column A and a little from column B, but you know they’ll never budge on tuition. [PrawfsBlawg]

Sonia Sotomayor on Sesame Street

Back in February, we wrote briefly about Justice Sonia Sotomayor’s appearance on Sesame Street, where she settled a dispute between Goldilocks and one of the three bears. The justice recently made another appearance on the show, but instead of debating the apparent new meaning of “Tickle Me Elmo,” she instead decided to crush the hopes and dreams of little girls the world over when speaking about viable career options. Imagine how many of them started sobbing when Sotomayor announced that they wouldn’t be able to become princesses.

As a brief aside, perhaps this wouldn’t have been an issue if Mitt Romney had been elected president. If PBS didn’t exist, Supreme Court justices wouldn’t have free rein to make our children cry via basic cable.

So what does Justice Sotomayor advise when it comes to realistic career aspirations for little girls? Well, it may be time to throw away those pink tutus and bedazzled tiaras in favor of a dark robe and a doily….

double red triangle arrows Continue reading “Sonia Sotomayor and Sesame Street (Part Deux): Be a Lawyer, Not a Princess!”

‘I’m coming for you, SCOTUS.’

Legal elites fared well on election night. For example, Harvard law professor Elizabeth Warren is now Senatrix-elect Elizabeth Warren, after expertly landing Langdell Hall on top of Scott Brown (“I’ll get you, my pretty, and your little pickup truck too!”). As a Divacrat — I support strong, strident, brilliant (sorry Sarah Palin) women, regardless of their political party — I’m already fantasizing about Clinton/Warren in 2016.

Joining Warren on the Senate floor will be another great legal mind who spent some time in Cambridge, Harvard law grad and former SCOTUS clerk Ted Cruz. The Morgan Lewis partner is one of several current or former Biglaw attorneys who won office on Tuesday. (For more, see Am Law Daily.)

The biggest winner of the evening, of course, is also a legal elite: President Barack Obama. He’s a former law professor, like Warren; an HLS grad, like Cruz; and the first African-American president of the Harvard Law Review. Things don’t get much more elite than that.

And in the legal world, things don’t get much more elite than the United States Supreme Court. This brings us to today’s question: What will a second Obama term mean for the Supreme Court?

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* If you’re sick of waiting in line to vote, just become a SCOTUS justice. NBD. [DCist]

* Now cops are even being awarded massive privacy invasion settlements — against other cops.
[Threat Level / Wired]

* If you simply have to steal a car, you should probably jack one that works. [Legal Juice]

* As election day winds down, here’s more scary s**t to maybe be worried about. [Salon]

* Lat talks to the WSJ about the uneasy rise of virtual law firms. [Wall Street Journal]

Where is Oliver Stone when you need him?

It was a sparsely populated day today at the Supreme Court. The press box was depleted. The crowd was thin. Perhaps everyone else was still stuck in line waiting to vote?

Yet despite the low turnout, the Supreme Court made a spirited journey to the very heart of our nation’s federal conspiracy law.

To see the issue the Court wrestled with in Smith v. United States, let’s start with a hypothetical….

double red triangle arrows Continue reading “Conspiracies at the Supreme Court”

* This seems like a high-profile time to be named general counsel of the Red Cross. [Corporate Counsel]

* JPMorgan sues whale. [Bloomberg Businessweek]

* I cannot wait for the lawsuit this t-shirt cannon inspires. [Yahoo Sports]

* Another report on dog day at the Supreme Court. [National Law Journal]

* The pledge of allegiance is under attack. Well, not the pledge exactly, they’re just going after God. [Boston Globe]

* You know, I get that the people without power are feeling like they’re in an episode of Revolution right now, but Manhattan has ALWAYS been two cities: the haves and the people we haves to step over on our way to having more. I feel bad for people living in Lower Manhattan who have been without their muffin cart for a couple of days… but not as bad as I feel for the poor schlep who will drag the muffin cart around for 12 hours a day every day until death. [Time]

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