The three-judge motions panel — consisting of Judges Edward Leavy, Michael Daly Hawkins, and Sidney Thomas — has issued a stay pending appeal in Perry v. Schwarzenegger, the case in which Judge Vaughn Walker (N.D. Cal.) struck down Proposition 8′s ban on gay marriage in California.
More about the ruling and a link to the order, after the jump.
Now that the fabulous Elena Kagan has been officially nominated to succeed Justice John Paul Stevens on the Supreme Court, some folks have been wondering: What does the future hold for the unsuccessful shortlisters? Let’s consider them, one by one.
1. Judge Merrick Garland (D.C. Cir.): The brilliant D.C. Circuit judge — practically a “tenth justice” himself, due to his ridiculous success in feeding his clerks to the Court — could be considered for a future vacancy. He’s young enough, at 57, and the Garland clerk mafia is strong, with representation in the White House counsel’s office and other D.C. power centers.
Garland is the SCOTUS candidate who would be most appealing to conservatives, so his chances of appointment are directly proportional to Republican representation in the Senate. My advice for Judge Garland: vote Republican.
2. Judge Sidney Thomas (9th Cir.): The well-regarded Ninth Circuit judge’s appearance on Obama’s short list surprised some, but it really shouldn’t have. Sid Thomas is very smart and veryliberal, and he would add diversity to the Court (as a Montanan, non-Ivy Leaguer, and Protestant).
“Sidney Thomas is being thrown around in case [Justice Anthony M.] Kennedy steps down in the next two years,” a D.C. insider involved in the nomination process told me. “As far as we can tell, Obama likes [Sid Thomas] and wants to introduce him as a possibility to make him more palatable next time around.”
If Justice Kennedy, 73, were to leave the Court, it would be without any West Coast representation. Nominating Judge Thomas — a member of the Ninth Circuit, just like AMK was before his elevation — would remedy that.
My advice for Judge Thomas: pray for Justice Kennedy to have a heart attack.
3. Judge Diane Wood (7th Cir.): It pains me to say this, because I adore Judge Wood, but this go-around was her last best chance at the Court. This July 4, Judge Wood will turn 60, viewed by some as the upper bound for a nominee in terms of age. As one of my friends observed on Facebook, Wood is on her way to becoming the liberal version of Judge Edith Jones, whose numerous unsuccessful appearances on shortlists led Slate to dub her “Susan Lucci in judicial robes.”
My advice for Judge Wood: enjoy Chicago. Or pray for ill to befall Justice Ginsburg very, very quickly — if RBG leaves soon, you might still have a shot.
In addition, I have a rather significant CORRECTION, concerning some speculation I passed along last night. The rumor was that Daniel Meltzer, the deputy White House counsel who recently announced his resignation to return to the Harvard Law School faculty, harbors a grudge against Kagan — because she beat him out for the HLS deanship — and that Meltzer therefore lobbied against her nomination to the Court.
So…. just how wrong was I about tension between Kagan and Meltzer?
Now that President Obama has interviewed the four finalists for the U.S. Supreme Court seat he has to fill — Judge Merrick Garland (D.C. Cir.), Solicitor General Elena Kagan, Judge Sidney Thomas (9th Cir.), and Judge Diane Wood (7th Cir) — the nominee could be announced any day now. Who will it be?
We realize that the betting men (and women) favor Solicitor General Elena Kagan. Kagan is also the pick of Tom Goldstein, the veteran Supreme Court litigator and founder of SCOTUSblog, who correctly forecast the nomination of Sonia Sotomayor (a nomination that the White House sought his counsel on).
But we’re going to go out on a limb and make a crazy prediction: President Obama is going to nominate Judge Diane Wood, of the Seventh Circuit, to the Supreme Court. He’ll announce the nomination on Monday, May 10 — the Monday after Mother’s Day. (That’s significant, for reasons we’ll get to later.)
Right out of the starting gate, immediately after Justice John Paul Stevens announced his retirement, Solicitor General Elena Kagan emerged as the frontrunner for his seat. And Kagan is still widely regarded as the leading candidate.
But, in the past week and a half or so, we’ve felt a slight, almost imperceptible shift in the wind, in favor of Judge Wood….
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: asia@kinneyrecruiting.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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