Supreme Court

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.

* Lawyer opts to wear orange prison scrubs for Lent. When you think about it, it makes a lot more sense than giving up chocolate when your religion is based on a death row inmate. [Waco Tribune]

* A profile of Bob Bennett. They compare him to Olivia Pope. Not sure about that… Bennett’s got bigger tits. [Washington Post]

* A Brooklyn lawyer reached out and grabbed his dream. Unfortunately, that dream involved the crotches of multiple unsuspecting women. [New York Post]

* George Zimmerman’s parents are suing Roseanne Barr, who apparently is still enough of a celebrity that people care to sue her. [IT-Lex]

* Married women can’t get divorced in Alabama. Look at the bright side, that means you can’t get a divorce lawyer who’ll bill you for sex. [Associated Press via WTOP]

* Play along at home with this handy tracker showing just how often the U.S. Chamber of Commerce prevails at the Supreme Court. It’s a long Supreme Court season, but based on the last couple years, the scoreboard might look disturbingly like the Super Bowl’s when all is said and done. [Constitutional Accountability Center]

* Hey, law schools! Looking for more students? It looks like a simple legal change can spike your applications. [Fox News]

* If you’re in D.C. next week, swing by the Race and Access to the Justice System symposium at Georgetown. [Georgetown Journal of Legal Ethics]

* The Coalition for Court Transparency sent a letter to Chief Justice John Roberts, pleading that he allow cameras in the courtroom. Not sure how well this will go over, thanks to last month’s oral arguments interruption by a protestor. [Legal Times]

* Hot on the heels of the news that the firm posted its worst financial performance in six years, Bingham McCutcheon is leaking laterals. Morgan Lewis just poached four lawyers across three cities right out from under the firm’s nose. [Am Law Daily]

* Now that the U.S. News 2015 Law School Rankings are out, here’s Kyle McEntee of Law School Transparency to tell you what’s wrong with them, particularly, that not every school is the “best.” [Law.com]

* If you were a law school dean, we sincerely hope you’d just live with the consequences of an enrollment decline instead of lowering your admission standards to put more asses in seats. [National Law Journal]

* Nancy Grace must defend herself against a defamation suit filed by Michael Skakel. It’s almost fitting that she’d get sued over talking about someone allegedly masturbating in a tree. [Hollywood Reporter]

The first rule of state court is: you do not talk about state court.

* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]

* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]

* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]

* It’s been a good week for amicus briefs. Congrats to Professors Adam Pritchard and Todd Henderson for getting the attention — and perhaps the votes — of several SCOTUS justices. [New York Times]

* How a Cornell law student got her father to foot the bill for half of her pricey legal education. [ATL Redline]

* As I predicted, the Ninth Circuit’s ruling in United States v. Maloney didn’t sweep the alleged prosecutorial misconduct under the rug by granting the government motion without comment. [The Atlantic]

* RACEISM™ alert: federal prosecutors allege that deputies to a North Carolina sheriff accused of racial profiling of Latinos shared links to a violent and racist video game. [Raleigh News & Observer]

* Speaking of mistreatment of Latinos, a recent Third Circuit decision spells good news for some immigrant communities. [Allentown Morning Call]

* Sarah Tran, the law professor who taught class from her hospital bed, RIP. [Give Forward]

These are just right for Hefner, Guccione & Flynt LLP.

* How high can your heels be for a job interview? [Corporette]

* If you think your client is committing securities fraud, the Supreme Court has good news! Sarbanes-Oxley’s anti-retaliation protection extends to Biglaw associates. [Whistleblower Protection Law Blog]

* Here’s more on today’s Chevron ruling from the perspective of the energy community. [Breaking Energy]

* The California Bar eJournal is running a poll asking the question, “Do you believe that the law school you attended prepared you to practice law?” The results may surprise you! (Shhh! No they won’t.) [Survey Monkey]

* An accused killer asks to withdraw his guilty plea by calmly explaining to the judge that he was high as a kite when he pleaded guilty and that his lawyer was busy boning the prosecutor. He earns an A for effort on that one. [Albany Times-Union]

* Chris Christie’s former campaign manager, Bill Stepien, appears to be the target of a federal investigation. It’s a bad time to be in Christie’s orbit. [Bergen County Record]

* Third time’s the charm! Kevyn Orr, Detroit’s Emergency Manager, is making his third bid to authorize a giveaway to the banks settle a massive derivatives deal that played a big role in Detroit’s financial woes. The judge overseeing the case rejected the prior proposals and may do the same again since the new deal grants UBS and Merrill Lynch a release from liability for the events surrounding a billion dollar deal. [Demos]

* Kerry Kennedy beat her DUI charge in no small part due to the testimony of the toxicology expert. [The Expert Institute]

* Police tried to hide their use of a cell phone tracker from the courts. Apparently the manufacturer asked them to. Oh well, if a corporation wants privacy violations kept quiet, that’s different. [ACLU]

* A follow-up from an oldie but goodie, the judge who changed a baby’s name from “Messiah” to “Martin” based on her personal religious beliefs received a public censure. Perhaps fittingly, the censure was less critical of changing “Messiah” than changing it to “Martin.” I mean, that’s just cruel. [Huffington Post]

* More on Mayer Brown’s uncomfortable lawsuit against a city for erecting a WWII memorial. [The Careerist]

“But otherwise you’re good to serve on this jury, right?”

* What’s a good excuse for getting out of jury duty? Apparently not “having a heart attack RIGHT NOW!” [Lowering the Bar]

* The hits from the CATO amicus brief keep on coming. They commit a footnote to mocking Chief Justice Roberts. [Election Law Blog]

* The Attractive Convict is suing over the use of her mugshot in banner ads. Your redemption is coming, Scumbag Steve! [IT-Lex]

* David Healey, formerly of Weil Gotshal and currently of Fish & Richardson, is filming a movie based on his earlier book. And it stars Sean Young! That’ll work well. [Times of Sicily]

* Does a public-school donor’s request to thank God in an inscription constitute an Establishment Clause violation? [Chronicle of Higher Education]

* Supreme Court will hear the case of the NC Dental Board’s efforts to limit the teeth-whitening industry to dentists. Will this ruling spell trouble for state bar associations applying a death grip to all legal services? [WRAL]

“Best amicus brief ever” might not be saying much. Parakeets are pretty indifferent to the liners of their cages.

Every now and then, though, we come across amicus briefs that are a little unusual or interesting. Like one with somewhat surprising or high-profile signatories — say, NFL players, or leading Republicans in favor of gay marriage. Or one that takes the form of a cartoon. Or one that’s just bats**t insane.

Today we bring you an amicus brief that will make you laugh out loud — which shouldn’t be surprising, given that it’s being submitted to the U.S. Supreme Court on behalf of a leading humorist….

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Two days ago, a protestor stood up during oral arguments at the Supreme Court to tell the justices that they created a legally sanctioned plutocracy with their decision in Citizens United. The whole thing was caught on camera because one was smuggled into the courtroom, which was almost more interesting than the protest itself.

It was pretty exciting. Justice Ginsburg almost woke up for it.

Now the Supreme Court protestor has spoken, and here’s what he had to say….

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James Holmes

* For the first time ever, someone managed to record secret video footage at SCOTUS during oral arguments — and, of course, it’s secret video footage of the McCutcheon protestor’s outburst. You can check it out after the jump. [Reuters]

* After a brief hospitalization yesterday, Attorney General Eric Holder was discharged from the hospital with a clean bill of health. It looks like he won’t have to go to one of those Obamacare death panels after all! [Washington Post]

* “The trajectory of an associate in a law firm has changed irreversibly.” Ain’t that the truth. But seriously, what happened to all of the Biglaw lawyers who were Lathamed way back in 2009? Here are some of their stories. [Am Law Daily]

* More law schools are trying to convince students to attend by offering scholarships. Tulsa will toss you cash if you’re from the sticks, and TJSL will guarantee you money if you’re smart. [National Law Journal]

* A trial date has been set for accused Colorado movie theater shooter James Holmes. Get ready to see this crazy face on HLN 24 hours a day while Nancy Grace offers her ever insightful commentary. [CNN]

(Keep reading to see the now legendary Supreme Court oral argument protest footage.)

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The biggest business issue confronting the white-collar criminal practitioner is getting paid. It’s trickier in the white-collar world than in other practice areas for a few reasons.

First, normally you’re representing an individual. People normally have less money than companies.

Second, many people who commit crimes to get money do it because they don’t have money to begin with. That includes money to pay you.

Third, if a potential client made money through whatever conduct landed them in a criminal case, the Supreme Court just held that now it’s easier for the government to take that money away from them so they can’t pay you.

As the Chief Justice summarized what the Court did, in dissent,

We have held… that the Government may effectively remove a defendant’s primary weapon of defense — the attorney he selects and trusts — by freezing assets he needs to pay his lawyer. That ruling is not at issue. But today the Court goes further, holding that a defendant may be hobbled in this way without an oppor­tunity to challenge the Government’s decision to freeze those needed assets.

WTF?

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