Stephen G. Breyer

Let’s buy a senator!

[This] is a decision that substitutes judges’ understandings of how the political process works for the understanding of Congress; that fails to recognize the difference between influence resting upon public opin­ion and influence bought by money alone; that overturns key precedent; that creates huge loopholes in the law; and that undermines, perhaps devastates, what remains of campaign finance reform.

– Justice Stephen Breyer, issuing a scathing dissent in the Supreme Court’s decision in the McCutcheon v. Federal Election Commission case. Today, the court ruled in a 5-4 decision to strike down aggregate limits on campaign contributions from individuals to federal political candidates.

Justice Ruth Bader Ginsburg should retire from the Supreme Court after the completion of the current term in June. She turned 81 on Saturday and by all accounts she is healthy and physically and mentally able to continue. But only by resigning this summer can she ensure that a Democratic president will be able to choose a successor who shares her views and values.

– Dean Erwin Chemerinsky, calling for Justice Ginsburg to hang up her robe, in an op-ed for the Los Angeles Times. Chemerinsky also suggested that Justice Stephen Breyer “carefully consider” the possibility of stepping down.

David Boies: just one great lawyer among many at Boies Schiller.

What comes to mind at the mention of Boies, Schiller & Flexner? Perhaps the legendary named partners — David Boies, Jonathan Schiller, and Donald Flexner — or perhaps the legendary bonuses, which last year went as high as $300,000.

But there’s much more to the firm than that. Even though BSF is most famous for its litigation work, it has a sizable and well-regarded corporate practice, for example. And even though its biggest presence is in the state of New York, with offices in Albany, Armonk, and New York City, the firm has several other outposts — including a growing and high-powered presence in Washington, D.C.

Boies Schiller has been adding some impressive new talent to its D.C. outpost. Last week, the firm welcomed a leading litigatrix. Let’s learn more about her, shall we?

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Madam Justice A. Lori Douglas

* What led the Senate Democrats to go nuclear? [New York Times]

* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]

* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]

* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]

* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]

U.S. Attorney Preet Bharara

* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]

* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]

* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]

Behold The Nine.

Elie here. In sports, we assess the legacy of athletes after every game. In politics, we assess the legacy of elected officials after every vote or scandal. So why can’t we do the same for Supreme Court justices?

In case you’ve been living under a rock, it’s been a pretty big week over at One First Street. The Court has decided a number of high-profile, controversial cases. Those decisions have come down with strong holdings, blistering dissents, and stinging concurrences. Each justice is aware that the words they’ve published this week could be around for a long time, long after they’re dead, and will be judged by history.

But who has time to wait for history? David Lat and I engage in some instant legacy analysis on what this week has meant for each of the nine justices on the Supreme Court. Let’s break it down in order of seniority, starting with the Chief….

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Hint: the smallest justice may have the biggest net worth.

If you said Justice Sonia Sotomayor, that wouldn’t be a bad guess. She has earned millions of dollars in royalties from her bestselling book, My Beloved World (affiliate link). Her days of dental debts are behind her.

But she’s still far from the richest member of the Court. That honor would appear to belong to another woman, whose stature might be small but whose net worth is gigantic….

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Just married civil unioned!

* Underneath this jurist’s robe you’ll find a sling. Justice Stephen Breyer had to have shoulder replacement surgery this weekend thanks to his latest bike accident, but he’s expected to make a full recovery. [Associated Press]

* A Ninth Circuit judge has ruled that an assistant federal public defender and her wife are entitled to federal health benefits. Take that, DOMA. [Courthouse News Service]

* Judy Clarke, one of the nation’s best capital defense lawyers, will be joining Dzhokhar Tsarnaev’s legal team. She’s pretty good at keeping people alive, but we’ll see how this one goes for her. [Bloomberg]

* The ABA may do away with faculty tenure requirements for accreditation. No security of position? It looks like there’s a storm coming, law professors, so go get your bread and milk! [National Law Journal]

* Prospective law students are being counseled to take advantage of the smaller applicant pool, but it won’t look so small when they can’t get jobs. [Law Admissions Lowdown / U.S. News & World Report]

* “Gay marriage? Hell no, let’s make all marriages civil unions.” Minnesota senators want to put couples on an even playing field — one that isn’t recognized by the government. [WSJ Law Blog (sub. req.)]

A needed essential for Justice Breyer?

Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!

* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]

* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]

* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]

* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]

* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]

* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]

* Oh mon dieu, Justice Breyer was inducted as one of just 12 foreign members of France’s Académie des Sciences Morales et Politiques. C’est très chouette pour un Américain, non? [New York Times]

* Man, for a four-seeded firm that got knocked out of our March Madness competition after the Sweet Sixteen, Davis Polk is looking great in 2013′s first quarter as far as legal advising in M&A deals goes. [Am Law Daily]

* Brown Rudnick picked up a California boutique, and it’ll be doubled in size through lateral hiring. No layoffs are currently expected, but no one really advertises that as a merger selling point. [National Law Journal]

* The New York Times: bringing you last month’s news, today! South Dakota is offering a subsidy for law school tuition to keep lawyers in the state. Here’s our post from two weeks ago. [New York Times]

* Pace Law School’s “low bono” residency program was praised by New York’s Chief Judge Jonathan Lippman, but if you’ve got other job offers, Dear Lord, take one of them. [New York Law Journal]

* AIG wants to prevent Hank Greenberg from suing in its name, probably because it’d prefer not to be known as “the poster company for corporate ingratitude and chutzpah.” [DealBook / New York Times]

* “[D]o I cover this really important story and maybe go to jail?” That’s the choice Jana Winter is facing after reporting on James Holmes’s massacre notebook and refusing to reveal her sources. [CNN]

Justice Sotomayor: you wouldn’t like her when she’s angry.

As we recently observed, Justice Sonia Sotomayor could be thought of as the people’s justice. The Wise Latina is also the Warm Latina.

Justice Sotomayor shows up on Sesame Street as well as One First Street. She hugs little girls on her book tour. She hires law clerks from outside the top 14 law schools.

But you need to stay on her good side; if you tick her off, woe unto you. Let’s check out the Beloved World (affiliate link) — of pain — that Her Honor just inflicted on a federal prosecutor down in Texas….

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