Supreme Court

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.)

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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:

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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….

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Tom Goldstein

In Washington, D.C., on October 17 at 6:30 p.m., please join us for the our next ATL event, a preview of the 2013-2014 U.S. Supreme Court Term.

On the SCOTUS docket for this Term are cases involving affirmative action, presidential recess-appointment powers, campaign finance regulations, and protesting near health care facilities that perform abortions.

Our special guest speaker will be preeminent Supreme Court advocate and analyst Tom Goldstein. Thanks to AccessData for sponsoring this free event. If you’d like to attend, please RSVP below:

[The government shutdown is] not my business. I have a deal with the Congress. I leave them alone. They leave me alone.

– Justice Antonin Scalia, in remarks delivered yesterday at Tufts University. Scalia went on to note that the shutdown had not yet affected the Supreme Court’s ability to do work, and that no staff had been furloughed as a result of it.

* This Term, both wings of the Court will be making originalist arguments because “slaveholders from 200 years ago said so” is the most compelling argument in our legal toolbox. [Constitutional Accountability Center]

* Yale Law grad Ronan Farrow, supposedly Woody Allen’s son, might really be Frank Sinatra’s son. Looking at him that… makes sense. [Vanity Fair]

* Looks like the FTC is finally going after patent trolls. Or would be if we still had a government. [Ars Technica]

* Based on the look and address, the Law Librarians blog appears to have left the Law Professor Blogs Network. It must have been too loud in there for the librarians. [Law Librarians]

* So… you’re saying lots of trial judges out there don’t understand hearsay? [The Legal Watchdog]

* Avast! Russia is going after Greenpeace (probably illegally) for piracy. [The Volokh Conspiracy]

* A reminder that the federal government shut down is the result of state laws, so maybe you should vote in those off-year local elections. [PrawfsBlawg]

* Lawyers from the DOJ are literally begging judges to stay their litigation cases because they’re not allowed to work unless it’s an emergency. How very lucky for U.S. Air. [Blog of Legal Times]

* FYI, the IRS wants to further screw victims of layoffs. If you were recently laid off and received a severance package from your firm, this is a SCOTUS case you’ll want to follow this Term. [Reuters]

* Which Biglaw firm has the best brand in the world? We’ll give you a hint: it’s not the new top dog on the Am Law Global 100 (and that glorious firm didn’t even finish in second place). We’ll have more on this later. [Am Law Daily]

* Yet another Biglaw firm just elected its first woman chair ever. Congratulations to Jami Wintz McKeon, the power litigatrix who will lead Morgan Lewis to great success in the coming years. [Am Law Daily]

* Thanks to another huge gift from an alumnus, U. Chicago Law is going to create a business leadership program at the school. Yay! [DealBook / New York Times]

* Some corporate “girl on girl action”: ex-employees of the National Association of Professional Women are now suing the organization over a female manager’s sexual harassment. [DealBook / New York Times]

* New Jersey’s AG is desperately trying to delay the issuance of same-sex marriage licenses after a trial judge’s ruling last week. At this point, the Garden State’s arguments are just livin’ on a prayer. [Bloomberg]

Mark Cuban

* If the government shuts down and then defaults on its debt, Wall Street worries that it would “shake the foundations of the global financial system.” Hooray for political asshattery! [DealBook / New York Times]

* At least six of the Supreme Court’s judicial precedents are up for reconsideration in the upcoming Term, and high court commentators think the resulting decisions could be a mixed bag. [National Law Journal]

* Apparently low-income New Yorkers’ legal problems are “not worthy of a ‘real lawyer,’” or at least that’s the message that will be given if non-lawyers are allowed to provide legal services. [New York Law Journal]

* Sorry, lady, not enough prestige. A Brazilian journalist was allegedly on the receiving end of some “extremely violent” police behavior at Yale Law School after attempting to interview Justice Joaquim Barbosa at a private event. [The Guardian]

* Mark Cuban’s insider trading case is heading to trial today, but we genuinely wonder how he’ll be able to convince a jury that he’s “humble and affable,” rather than the “master of the universe.” [Boston Herald]

* Big data is coming for the law. I, for one, welcome our new computer overlords. [Associate's Mind]

* Judge tells a Sikh man to “remove that rag” or go to jail. Guess which state! [ACLU]

* The feds are at it again, posting a job opening for an uncompensated “Special Assistant U.S. Attorney.” Finally a government job that contract employers can point to and say, “See, $10/hour isn’t so bad…” [A Connecticut Law Blog]

* Law firms are getting out-hustled by a number of other service providers. [ABA Journal]

* Lawyers are terrible leaders. And if you don’t understand business, you can’t really be a good advocate. This also explains why firms are getting out-hustled per the prior item. [Fashion Law Blog]

* The Supreme Court Historical Society & The Historical Society of the New York Courts Present are hosting a CLE event called “Learned in the Law: Role of the U.S. Solicitor General…a New York Point of View” on October 25. Tickets are $30. [Historical Society of the New York Courts]

* Paul Konigsberg, Bernie Madoff’s tax lawyer, has been arrested. Hopefully he won’t get screwed. [Crain's New York Business]

* Is the series finale of Breaking Bad a trade secret? A better question is whether the recipe for Blue Sky is a trade secret. Video after the jump….

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