Supreme Court

This week, the Supreme Court heard oral arguments in McCutcheon v. FEC. In McCutcheon, the Court will rule on whether certain campaign finance restrictions violate the First Amendment. ATL’s Joe Patrice offered his thoughts on the oral arguments yesterday. Today, I offer an alternative perspective.

Currently, byzantine election laws restrict the total political contributions that a person can make in a two-year period, as well as the number of candidates a person can contribute the maximum amount to. The plaintiff, Shaun McCutcheon, is a suburban Alabama businessman, the owner and founder of an electrical engineering firm. McCutcheon wanted to contribute $1,776 (a very patriotic sum, indeed) to 27 candidates across the country. Each of those individual contributions in isolation was legal, falling below the $2,600 maximum amount allowed for individual contributions. Yet, had McCutcheon done so, his total contributions would have run afoul of the maximum total allowed, currently $48,600.

Supporting political causes and candidates of your choice is an exercise of your First Amendment rights. Like all constitutional rights, though, it is subject to an overriding compelling governmental interest. In the case of campaign finance restrictions, your speech rights are trumped by the government’s interest in preventing political corruption or the appearance of political corruption.

Here, McCutcheon was expressing his political values, innocently — even laudably — participating in the democratic electoral process as he contributed up to 2600 bucks to individual candidates . . . until he supported one candidate too many. Suddenly, the First Amendment no longer safeguards his political expression. Suddenly, the threat of corruption or the appearance of corruption is so great that democracy just cannot stand if Shaun McCutcheon is allowed to give a penny more to support a candidate who shares his values….

double red triangle arrows Continue reading “Rumors Of Democracy’s Death Are Greatly Exaggerated: Why McCutcheon Can Be A Good Thing”

* “There are no magic bullets here.” Caught in a “trilemma,” President Obama is up against the wall and is running out of options. He soon might be forced to choose the least unconstitutional solution to the nation’s problems. [Bloomberg]

* During the government shutdown, it certainly wouldn’t be worth it for furloughed employees to hire lawyers to fight their “essential” versus “non-essential” determinations — please, like they’ll be able to afford legal representation right now. [National Law Journal]

* It seems some partners at both Dentons and McKenna Long & Aldridge aren’t fans of a possible tie-up, so they’re heading for the hills as fast as they can. Perhaps it simply wasn’t meant to be? [Am Law Daily]

* It’s time for our favorite show, As the Weil Turns! Partners from various offices are departing for other Biglaw firms, and we can now confirm that Steven Peck is a new face at Proskauer. [Law360 (sub. req.)]

* We told you last week that Matthew Martens of Fabulous Fab fame would be leaving the SEC, but now we know where he’s landing. Congrats on your new home at WilmerHale. [WSJ Law Blog (sub. req.)]

* Ohio is the latest state to offer “hazy” abortion restrictions that skirt the very edge of Supreme Court jurisprudence in order to make women feel guilty about their own right to choose. [New York Times]

* “Without makeup she looks like the Joker in Batman.” Joan Rivers is locked in a $15 million condo catfight with a Canadian socialite who isn’t afraid to pull punches. Meow! [New York Daily News]

* Just in time for Halloween, here’s a real Night of the Living Dead scenario. In Ohio you only have 3 years to challenge a ruling that you’re legally dead. After that, regardless of how f**king “alive” you are, you have to stay dead. [WTAE]

* Remember the epic Ninth Circuit benchslap oral argument? Well, the government read the writing on the wall and has confessed error and vowed to use the video of the oral argument as a training tool for its attorneys. We hope they’ll consider using the ATL write-up as supplemental reading material. [The Volokh Conspiracy]

* Corporette offers some good advice on how to write great cover letters. A good start is not writing one like this guy we profiled awhile ago. [Corporette]

* A fund has been set up to help the man injured in the alleged hit-and-run involving a Hastings student. [We Pay]

* Law schools tell us they’re moving toward a model encouraging practical skills… and keep hiring more professors without any practical skills. #fail [Lawyers, Guns & Money]

* Does anyone remember 16 Tons by Tennessee Ernie Ford? Let’s say you do. Here are revised lyrics for 1Ls. [Law Prof Blawg]

* Infographic telling us what we all knew — the bubble done burst. [Online Paralegal Programs]

* The Ole Miss FedSoc has readopted Colonel Reb, the now departed Ole Miss mascot, who the student body rose up and tried to replace with Admiral Ackbar solely because the collected student body figured out this was racist (prompting one of my friends to create this brilliant image). So as Elie asks, “Is it really news that the Ole Miss FedSoc is raceist?” [Ole Miss]

* A visit with Bill Coleman Jr., the first African-American Supreme Court clerk. [Judicial Clerk Review]

* More about the Stephentown incident in which 300 kids broke into a guy’s house and live-tweeted the $20,000 in damage they did. Some parents have threatened to sue him for identifying the kids who ruined his house — because blaming the victim is awesome! [IT-Lex]

* Today in contrarian arguments, fracking could solve the global water crisis. [Breaking Energy]

Supreme Court arguments are off and running, and the Supremes wasted no time in getting to the fun stuff. In this instance, it’s McCutcheon v. FEC, the case billed as Citizens United II: Electric Boogaloo. The conservative wing of the Court is expected to side with McCutcheon in its continuing war to make American elections safe for multi-millionaires.

Anyway, the oral argument was marked by the usual humorous sniping amongst the justices and lots of fun exchanges where counsel and the conservative justices worked overtime to subordinate reality to ideology. Up to and including Justice Scalia arguing that $3.5 million isn’t that much money for one individual to spend on an election.

Here are 3 immediate, largely stream-of-consciousness thoughts based on reading the transcript (available at the end of the post) coming out of this oral argument:

double red triangle arrows Continue reading “McCutcheon Oral Argument: Or, Justice Scalia Explains How $3.5 Million Isn’t That Much Money”

* Musical chairs (White House hottie edition): Michael Gottlieb, former associate counsel to President Barack Obama, is joining the Washington, D.C. office of Boies Schiller & Flexner. [The BLT: The Blog of Legal Times]

* The search is on for jurors to serve in the criminal trial for Bernie Madoff’s former employees, but in a case of guilt by association, it’s proving to be a difficult exercise. [WSJ Law Blog (sub. req.)]

* “Democracy is not on autopilot,” said Justice Kennedy at Penn Law. Just because we have a Constitution doesn’t mean it will prevail — which is being evidenced by our government now. [Philadelphia Inquirer]

* Because no one could be more “non-essential” than a law student during this mess, the government shutdown is taking a toll on their externship placements throughout the district. [National Law Journal]

* The Princeton Review’s annual law school rankings are out, and boy, have things changed — including the schools with the best career prospects. We’ll have more on this news later today. [Chicago Tribune]

* Cooley Law is teaming up with Eastern Michigan University to offer joint degrees. But we thought Cooley was teaming up with Western Michigan University. Is Cooley infiltrating all Michigan schools? [MLive.com]

Oyez, oyez, oyez! It’s the first week of October.

* Say what you will about Justice Scalia, but the man is hilarious — more funny than his four liberal colleagues combined, according to a statistical analysis of oral argument recordings. [New York Times]

* The government shutdown is slowing down the judicial confirmation process, already famous for its speed and efficiency. [The BLT: The Blog of Legal Times]

* More about news for Steven Donziger in his long-running battle with Chevron. Maybe it’s time to surrender, Steve? I hear Ecuador is a great place to retire. [New York Law Journal]

* Law firm merger mania continues, as Carlton Fields combines with Jorden Burt. [Carlton Fields (press release)]

* Herbert Smith Freehills says “you’re hired” to Scott Balber, the lawyer for Donald Trump who got mocked by Bill Maher on national television. [The Lawyer]

* You might see your dog as harmless and cuddly, but the law might see your dog as a weapon (and rightfully so, in my opinion). [New York Times via ABA Journal]

* Congratulations to all the winners of the FT’s Innovative Lawyers awards. [Financial Times]

* And congratulations to Heidi Wendel and Deirdre McEvoy, high-ranking government lawyers headed to Jones Day and Patterson Belknap, respectively. [New York Law Journal]

* Today the Supreme Court will hear argument in McCutcheon v. FEC, a major campaign finance case that some are calling “the next Citizens United.” Check out an interview with one of the lawyers behind it, after the jump. [UCTV]

double red triangle arrows Continue reading “Morning Docket: 10.08.13″

When I can’t do the job, there will be signs. I know that Justice [John Paul] Stevens [who retired when he was 90] was concerned the last few years about his hearing. I’ve had no loss of hearing yet. But who knows when it could happen?

So all I can say is what I’ve already said: At my age, you take it year by year.

– Justice Ruth Bader Ginsburg, offering some cryptic comments on when she might step down, in an interview with Robert Barnes, Supreme Court reporter for the Washington Post.

(Do you think Justice Ginsburg, who is now 80 years old, should retire? Take our poll, after the jump.)

double red triangle arrows Continue reading “Supreme Court Retirement Watch: RBG Drops Some Hints”

Justice Antonin Scalia

Everyone’s talking right now about New York Magazine’s fascinating and fantastic interview with Justice Antonin Scalia. Some of what’s covered will be familiar to longstanding Scalia groupies, but some of it will be new. In a wide-ranging discussion with Jennifer Senior, Justice Scalia discusses everything from his pet peeves (like women cursing, or majority opinions that ignore the dissent); whether he has any gay friends; his tastes in television (hint: “No soup for you!”); and his desire to hire more law clerks from “lesser” law schools.

The whole thing is worth reading, but here are ten highlights to whet your appetite:

double red triangle arrows Continue reading “10 Tasty Tidbits From Justice Antonin Scalia”

Scalia’s buddy?

* The Supreme Court’s Term opens today, and the conservative justices may have the opportunity to shift the law even further to the right when it comes to today’s social issues. [Los Angeles Times]

* In his Biglaw days, Chief Justice Roberts “gave his adversaries heartburn.” Now, his litigation skills serve the same purpose for those giving oral arguments before SCOTUS. [National Law Journal]

* It seems that in the end, Justice Ginsburg’s career choices have been whittled down to the lyrics found in one of The Clash’s catchiest songs: Should she stay or should she go now? [Washington Post]

* In other news, in case you were wondering, Justice Antonin Scalia, a firm believer in the Devil, is just as scary in real life as he is when he haunts your dreams (which is impressive!). [New York Magazine]

* “If this continues, it’s going to be very problematic.” Clients are very annoyed, and some Biglaw firms continue to worry about how the government shutdown will affect their bottom line. [New York Law Journal]

* The defections at night, are big and bright, deep in the heart of Texas: Weil Gotshal’s Houston office is still leaking partners like a sieve. We’ll have more on these developments later today. [Law360 (sub. req.)]

* President Obama continues to comment on the important issues of the day. He’d “think about changing” the Redskins team name if he were its owner — just like this fired Quinn Emanuel associate. [CNN]

* Viva la raza! The federal government is too slow for California, so the governor signed a bill into law that will allow illegal immigrants to become licensed as lawyers. Congratulations to Sergio Garcia. [Reuters]

* No, we won’t remove that embarrassing story we wrote about you — but at least we’re not trying to charge you hundreds of dollars for its removal like those pesky mug shot websites. [New York Times]

* A-Rod’s lawsuit against the MLB is a fascinating read. It alleges the MLB investigator was having sex with witnesses during the investigation. And A-Rod knows about screwing over the people he should be helping while on the job. [Deadspin]

* Sinead O’Connor threatens to sue Miley Cyrus. Too many jokes are available for this, so let’s just take a moment of silence and let you choose your favorite. [Jezebel]

* Job posting for a bankruptcy associate noting, “good organization & keyboard skills required.” And they desperately need someone with those skills if this error-filled posting is anything to go by. Screenshot here in case they figure this out. [Bright]

* Conservatives are rallying to the soon-to-be heard case of a woman who smeared deadly chemicals around a house where innocent children could have been exposed. Because it’s only about protecting children before they’re born. [Newsweek]

* A law professor wonders if he suffers from narcissistic personality disorder. I wonder if narcissism is a common affliction among law professors. On an unrelated note, here’s a picture of Professor Brian Leiter. [Law Prof Blawg]

* A secret society of fun-loving drinkers are leaving gifts around Boalt Hall. The society, known as “The Gun Club,” was founded by none other than Chief Justice Earl Warren. It’s called “The Gun Club,” eh? People always forget that Earl Warren was a Republican. [Nuts and Boalts]

* With fundraisers for students beset by bad luck on the upswing, here’s another one. After the massive flooding in Boulder last month, many Colorado Law students lost housing, cars, furniture, books, and computers. Please help them out. [Indiegogo]

* How about someone builds the Supreme Court in Minecraft? Video after the jump….

double red triangle arrows Continue reading “Non-Sequiturs: 10.04.13″

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