Senate Judiciary Committee

President Barack Obama Condemns ‘Washington Dysfunction,’ Demands Judge Merrick Garland Be Given A Hearing

It's time to give this Supreme Court nominee a hearing.

Standard Of Review: Confirming That You Don’t Need To Watch ‘Confirmation’

Columnist Harry Graff would not recommend Confirmation to anyone except perhaps hard-core Supreme Court nomination aficionados.

Morning Docket: 04.19.16

* "My album will never never never be on Apple. And it will never be for sale ... You can only get it on Tidal." Uh-oh! Kanye West and music-streaming service Tidal are facing a proposed $5 million class-action lawsuit over the availability of the rapper's album, The Life of Pablo, on other streaming services when it was supposed to be exclusive to Tidal. [Rolling Stone] * Eighteen-year-old Marina Lonina stands accused of livestreaming her friend's rape on Periscope, and faces charges of rape, sexual battery, and pandering sexual matter involving a minor. The prosecutor alleges the teen hoped the broadcast would stop the rape, but she "got caught up in the likes" instead. [The Cut / New York Magazine] * Given that "Americans are less likely to support the court when it is portrayed as a political body -- as it is during confirmation proceedings -- and not a legal body," it may not be wise for Chief Justice Roberts to enter the debate about nominee Judge Merrick Garland, especially since the SJC's chair has already criticized him. [New York Times] * Think twice before you hack a Biglaw firm's computers, because it'll cost you a pretty penny. A former IT employee who wreaked havoc upon Locke Lord's computer network by disabling and deleting hundreds of user accounts was sentenced to more than nine years in prison and ordered to pay $1.69M in restitution. [Courthouse News Service] * He's biased, but Dr. Arthur E. Snyder, the president of Indiana Tech, says there is a resounding need for a "different kind of law school" in Indiana. He calls out other schools for growing too large and having to perform layoffs, and says Indiana Tech Law is dedicated to remaining small (likely because no one knows it exists). [News-Sentinel]

Chair Of Senate Judiciary Committee Defends Decision Not To Confirm Judge Merrick Garland

Senator Chuck Grassley says the "sky won't fall with one less justice."

Morning Docket: 04.07.16

* "Every rape is not a gender-motivated hate crime." New York Justice Shirley Werner Kornreich dismissed part of singer Kesha's claims against producer Dr. Luke because the pop star's allegations of rape and abuse were time barred and happened outside the state. Tick tock on the clock for a similar suit she filed in California. [WSJ Law Blog] * Senate Judiciary Committee Chairman Chuck Grassley has scheduled an appointment to meet with Judge Merrick Garland for breakfast next Tuesday, despite his opposition to President Obama's Supreme Court nominee. Senator Grassley's courteous refusal to perform his job presumably pairs well with eggs and bacon. [Quad-City Times] * The Department of Justice has filed suit against Halliburton and Baker Hughes, seeking to block the oil-field services companies' pending merger. According to Attorney General Loretta Lynch, completion of the deal would "eliminate vital competition, skew energy markets, and harm American consumers.” [DealBook / New York Times] * Panama papers law firm Mossack Fonseca seems to have pulled off the perfect magic trick. Shortly after the firm's exploits in hiding client assets in offshore accounts were revealed via hack, its U.S. operations all but disappeared. The firm's website has now been scrubbed completely clean of any connection to its Miami office. [USA Today] * Bart Williams, a top partner at Munger Tolles -- a firm that's been likened to the Wachtell of the West -- will be leaving the place where he's called home for 21 years to become the co-chair of Proskauer Rose's Los Angeles litigation department. This is a real coup for Proskauer, since partners rarely leave Munger. [Big Law Business / Bloomberg]

Morning Docket: 03.28.16

* Kimberly Kitchen, the woman who was parading around and pretending to be a lawyer for a decade before she was caught in the act, was recently convicted of forgery, unauthorized practice of law, and felony records tampering. On the bright side, at least she doesn't have six figures worth of law school debt to worry about right now. [WSJ Law Blog] * President Obama published an op-ed in praise of SCOTUS nominee Merrick Garland on AL.com, pleading with Alabamians to let their senators know that it's their duty to give Scalia's would-be replacement a hearing and a vote, lest we "jeopardize our system of justice, hurt our democracy, and betray the vision of our founding." [AL.com] * Who is the real Merrick Garland? Not only does he have a “résumé that makes you want to cry," but he's also a pretty endearing gent. He used to want to be a doctor, he loves singing show tunes, and he was once so nervous when officiating a wedding that he began the ceremony before the bride even walked down the aisle. [New York Times] * "We are heartened by this development and look forward to the Committee making this request directly ... as is standard practice." Republicans may be willing to accept Merrick Garland's nominee questionnaire, but the White House has yet to receive one from Senate Judiciary Chairman Chuck Grassley or Senator Patrick Leahy. [BuzzFeed] * Judge Pamela A.M. Campbell, who presided over Hulk Hogan v. Gawker, has had more decisions reversed on appeal than any other judge in her county, but "a judge who's not afraid to make a decision and a not afraid to be reversed, is quite naturally going to be reversed more, and that doesn't mean the judge is not a good judge." [Tampa Bay Times] * A judge has ruled that Ropes & Gray, the firm that once represented ex-New England Patriot Aaron Hernandez, must turn over the murder convict's cellphone to his new attorneys so they can analyze it for his defense in the double murder case he's being prosecuted for by the Suffolk County DA's Office in Massachusetts. [Boston Herald]

Morning Docket: 03.17.16

* Been there, done that: The political standoff having to do with Chief Judge Merrick Garland's nomination to the Supreme Court is nothing new. When he was nominated to the D.C. Circuit by President Bill Clinton in September 1995, Senate Republicans refused to hold a confirmation vote for him until March 1997. If patience is a virtue, then Garland has got to be the most virtuous judge of them all. [WSJ Law Blog] * Is he the "most anti-gun Supreme Court nomination in decades"? Conservative group Judicial Crisis Network plans to spend $2 million on an ad campaign in opposition to Chief Judge Merrick Garland's SCOTUS nod, calling attention to his "history of general hostility to the Second Amendment," as well as his vote in the Heller case. [POLITICO] * Greenberg Traurig has called off its merger talks with London-based Berwin Leighton Paisner, citing the firm's "conservative approach to financial risk." Executive chair Richard Rosenbaum penned a 540-word break-up letter announcing the bad news. The combined firm would've had more than 2,500 lawyers. [Big Law Businness / Bloomberg] * Finally! The California Supreme Court approved of changing the state's grueling three-day bar exam to a two-day exam, effective 2017. The first test day will consist of five essays and a performance test, and the second day will be the MBE. Both days will be weighted equally, and test takers will surely be less stressed. [State Bar of California] * If you've started receiving law school admission offers, now is a great time to consider weighing your options for merit-based financial aid -- carefully. If you wind up with a conditional scholarship offer, you better make sure to read all of the fine print, because if you don't, you could wind up screwing yourself. [Law Admissions Lowdown / U.S. News]

Morning Docket: 03.10.16

* Justice Elizabeth Warren? While that may have a nice ring to it for some, given the extreme political gridlock that any Supreme Court nominee -- much less someone who's considered a staunch Democrat -- will be subjected to in the Senate, it's just not something that's ever likely to happen during President Obama's last term. [CNN] * Not that he was a very likely choice to begin with, but Judge Adalberto Jordan of the Eleventh Circuit has asked that he be taken out of consideration for a Supreme Court nomination to fill the vacancy left by the late Justice Antonin Scalia. He would've been the Court's first Cuban-American justice if appointed and confirmed. [Associated Press] * Senator Chuck Grassley, chair of the Senate Judiciary, says the nominee is "totally irrelevant," he's not going to consider giving anyone a hearing -- not even Judge Jane Kelly of the Eighth Circuit, who he strongly supported just years earlier when she was unanimously confirmed by the Senate for her current position. [Gazette of Cedar Rapids] * More than 100 corporate lawyers from firms like Paul Weiss, Arent Fox, and Bradley Arant signed a letter urging Senate Republicans to fill the empty SCOTUS seat. After all, a lengthy vacancy could create "uncertainty for the financial industry, major corporate employees, as well as small businesses," also known as their clients. [WSJ Law Blog] * According to a report by IT security company TruShield, the legal industry was heavily targeted by cyber threats in January. The only reason law firms didn't suffer any serious setbacks is because they've invested in network security. For a profession that really loathes new technologies, we're doing A-okay. [Big Law Business / Bloomberg BNA]

Morning Docket: 03.07.16

* "I've taught immigration law literally to 3-year-olds and 4-year-olds." Immigration Judge Jack H. Weil seems to think that children facing deportation don't need court-appointed attorneys because they're perfectly capable of representing themselves. We'll have more on this later. [Washington Post] * "[T]his will be the first time a law school will be on trial to defend its public employment figures." It's taken five years, but Anna Alaburda will finally get to face off in court against Thomas Jefferson School of Law. Soon we'll find out if the word "allegedly" can stop being used as a prefix for the school's allegedly deceptive job statistics. [DealBook / New York Times] * If President Obama nominates Judge Jane Kelly of the Eighth Circuit for a seat on SCOTUS, then Sen. Chuck Grassley (R-IA) of the Senate Judiciary Committee could be in a pickle. Would Kelly, a longtime Iowa public defender, be refused a hearing even though Grassley supported her when she was appointed in 2013? [Des Moines Register] * The Alabama Supreme Court begrudgingly dismissed suits filed by conservative groups seeking a ruling declaring that the state's anti-gay marriage laws were still in effect, despite the SCOTUS decision in Obergefell. In a concurrence at odds with reality, Chief Justice Roy Moore held fast to his belief that the state's law was still intact. [AL.com] * As we mentioned previously, the American Bar Association will vote on a change to its bar passage rate rules for law schools. Schools notorious for their bar passage problems better hold onto their hats if this proposal is passed, because their accreditation may quickly turn out to be like their graduates' job prospects: nonexistent. [WSJ Law Blog]

Why This Judge May Be One Of The Only Supreme Court Nominees Worth Considering

This judge is so above partisan reproach that it would be, frankly, embarrassing for the Senate Republicans to stand in the way of holding a confirmation hearing.

Morning Docket: 02.26.16

* Given the unusually "circus-like atmosphere" surrounding the Supreme Court confirmation process, anyone who is nominated to fill Justice Antonin Scalia's seat must "have the backbone to take the risk of being out there in front of the recalcitrant Senate." Nevada Gov. Brian Sandoval apparently didn't have the testicular fortitude necessary for the challenging endeavor. [WSJ Law Blog] * President Obama nominated Judge Lucy Koh (N.D. Cal.), the queen of Silicon Valley tech-industry and patent litigation, to the Ninth Circuit. Consider what's likely to be her difficult confirmation a preview to the politically divisive process of getting Justice Scalia's replacement a meeting before the Senate. [San Jose Mercury News] * Of the current justices, Elena Kagan is the only one who has experienced the fallout of an eight-member Supreme Court. She clerked for Justice Thurgood Marshall when there was an almost eight-month vacancy on the Court, and may have learned how to avoid 4-4 decisions from Chief Justice William Rehnquist. [Big Law Business / Bloomberg] * Apple wants to vacate an order compelling the tech giant to help the FBI unlock one of the San Bernadino shooter's iPhones, noting "[i]f this order is permitted to stand, it will only be a matter of days before some other prosecutor, in some other important case, before some other judge, seeks a similar order using this case as precedent." [The Hill] * Johnson & Johnson may have suffered a $72 million blow in its loss in a case alleging links between talcum powder and ovarian cancer, but it doesn't necessarily mean that other plaintiffs will come away from their talc-cancer cases with windfalls quite as large. They'll still have to convince a jury that J&J's products caused their illness. [Reuters]

Morning Docket: 02.24.16

* After being called to court by the judge on his bankruptcy case for flaunting cash on Instagram, 50 Cent posted a photo of himself in a room filled with money. When reached for comment, the allegedly bankrupt rapper had this to say: "I don't know what you heard about me, but this judge will write a benchslap about me." [New York Daily News] * Republicans on the Senate Judiciary Committee have said that they will refuse to hold any hearings on a Supreme Court nominee to replace Justice Antonin Scalia until the next President is sworn in on January 20, 2017. In fact, they won't even give President Obama's future appointee the courtesy of a meeting. Lovely. [WSJ Law Blog; New York Times] * According to a letter from Justice Scalia's doctor, the late jurist suffered from a number of ailments that could have contributed to his sudden death, like coronary artery disease, obesity, and diabetes, just to name a few. Coupled with the fact that he was a smoker, all of his conditions were "quite dangerous." Rest in peace, Your Honor. [Associated Press] * "If you look at the women-of-color research, the numbers are abysmal." Minority women are disappearing from Biglaw firms, and research has shown that it may be due to the fact that they receive less compensation than men and white women, they're denied access to assignments, and they receive fewer promotions. [ABA Journal] * Good riddance to bad rubbish: Robert Hosch Jr., the founder and former managing partner of Butler & Hosch -- the large, Florida-based firm that seemingly collapsed overnight, leaving hundreds of legal professionals jobless and 60,000 foreclosure cases in limbo -- has surrendered his license to practice law in Florida. [Orlando Sentinel]

Ronald Reagan Thinks The SCOTUS Vacancy Should Be Filled Now

What does the patron saint of conservatism think about a SCOTUS vacancy?