Supreme Court

  • Ballot box america

    Supreme Court

    Could A Supreme Court Justice Be Drafted Into The Presidential Race?

    Conservatives dissatisfied with the 2016 field are chirping about a Supreme Court justice making a run.

    38 Comments / / Sep 2, 2015 at 3:42 PM
  • Divorce Fight

    Gay Marriage

    If You Thought The Kentucky Clerk Was Stupid, Check Out This Tennessee Judge

    Because what are the “freedoms” and “liberties” he rails about if not the right of government officials to tell people how to manage their love lives.

    63 Comments / / Sep 2, 2015 at 3:16 PM
  • Dan Abrams (ABC News)

    Morning Docket

    Morning Docket: 09.01.15

    * ABC News chief legal analyst Dan Abrams is suing his neighbors over his lawyerly lair — and one of the defendants is a Biglaw partner at a top firm. Expect more on this later. [New York Post]

    * Speaking of Biglaw, a familiar tale of financial performance: gross revenue at Am Law 100 firms grew by 4 percent in the first half of 2015, but driven by rate increases rather than demand growth. [American Lawyer]

    * If you want the Supreme Court to hear your case, try to steer your cert petition clear of the “long conference,” known as the place “where petitions go to die.” [New York Times]

    * Speaking of SCOTUS, the Court won’t come to the rescue of the Kentucky county clerk who refuses to issue marriage licenses to same-sex couples — time to issue those licenses or quit, Kim Davis. [How Appealing]

    * But the justices did come to the (temporary) rescue of former Virginia Governor Robert McDonnell, allowing him to remain free until SCOTUS acts on his petition for certiorari. [SCOTUSblog via How Appealing]

    * Are criticisms of the S.E.C.’s administrative-law procedures correct? Here’s a study from Professor David Zaring. [New York Times]

    * The Show-Me State leads when it comes to showing defendants to their deaths: Missouri has displaced Texas as the “epicenter of the American death penalty.” [The Marshall Project]

    * Speaking of capital punishment, I predicted that these particular Ninth Circuit judges wouldn’t be too sympathetic to this challenge to the death penalty — and based on yesterday’s oral argument, it seems I was right. [How Appealing]

    33 Comments / / Sep 1, 2015 at 9:07 AM
  • Justice Clarence Thomas

    Clarence Thomas, SCOTUS, Supreme Court

    A Supreme Court Justice Who Does His Job Well, But Bores The New York Times While Doing It

    Conservative columnist Tamara Tabo’s take on Adam Liptak’s recent (and controversial) article about Justice Clarence Thomas.

    108 Comments / / Aug 31, 2015 at 10:47 AM
  • (Photo by Charley Gallay/Getty Images)


    Non-Sequiturs: 08.28.15

    * Curious about what Ant-Man has to say about Civ Pro? And while you’re there vote for ATL fav Legal Geeks for best podcast in The Geekie Awards. [Legal Geeks]

    * Speaking of podcasts, here’s a great one about the movement to abolish the death penalty, with a particular focus on the recent spate of botched executions. [Punishment Podcast]

    * Update from the wide world of organized labor — yes, that’s still a thing — there is a major steelworkers lockout with employers advertising on Craigslist to get scabs to work 84 hours a week of hard labor. See this is EXACTLY why we need unions. [Lawyers Guns and Money]

    * The latest in James Woods’s suit to reveal the anonymous Twitter user that called him names: Twitter sends the actor a harshly worded letter. [The Hollywood Reporter]

    * Should the Supreme Court take up a case to have the remains of Jim Thorpe moved from Pennsylvania to Oklahoma? [The Hill]

    * Was the latest decision on protesting in SCOTUS plaza motivated by personal factors? [Fix the Court]

    * Today’s the 60th anniversary of the murder of Emmett Till, whose death was a catalyst in the civil rights movement. [Time]

    20 Comments / / Aug 28, 2015 at 5:34 PM
  • Judge Maryanne Trump Barry (in 1992).

    Donald Trump, Federal Judges, Politics

    Leave. Donald Trump’s Sister. Alone!

    Hey Jeb Bush, this is not cool, okay?

    17 Comments / / Aug 28, 2015 at 5:09 PM
  • Drone

    Morning Docket

    Morning Docket: 08.28.15

    * Police can shoot beanbags from drones. Oh good, that doesn’t sound like a recipe for abuse at all. [Ars Technica] * Lawyers for Steven Davis move to dismiss as the prosecution rests. Dewey think the judge will laugh this motion out of court? You know, I hate the “Dewey” jokes but they are kind […]

    66 Comments / / Aug 28, 2015 at 8:59 AM
  • Grooms to be holding hands (photo by Tim Ryan Smith).

    Morning Docket

    Morning Docket: 08.27.15

    * Should town clerks opposed to gay marriage be required to issue licenses to all couples? The Sixth Circuit says…. [How Appealing]

    * John H. Ray III, the African American ex-associate at Ropes & Gray who claimed the elite firm discriminated against him, loses in court again, this time before the First Circuit. [National Law Journal]

    * Vester Lee Flanagan aka Bryce Williams, the Virginia television broadcaster who killed two colleagues on-air before killing himself, was also no stranger to the legal system: he filed multiple lawsuits alleging racial discrimination. [New York Times]

    * Why are in-house lawyers more likely than their non-attorney corporate colleagues to fall for phishing emails? [ABA Journal]

    * Dewey know when the prosecution will rest in this seemingly endless trial? Probably today. [Wall Street Journal]

    * State judges get nasty with each other in Oregon. [Oregonian]

    * Federal judges around the country are advocating for a second look at how defendants get sentenced. [New York Times]

    * The Dilly in Philly: Paul Clement v. Ted Olson. [Am Law Litigation Daily]

    * A T14 law graduate turned “traveling artist” gets charged with criminal sexual assault in Chicago. [Chicago Tribune]

    * Speaking of sexual assault laws, Emily Bazelon explains how the St. Paul’s Rape Case shows why these laws must change. [New York Times]

    * Update: convicted Colorado movie theater shooter James Holmes didn’t get just a life sentence, but 12 life sentences — plus 3,318 years on top of that. [CNN]

    * Linda Hirshman, author of the forthcoming book Sisters in Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (affiliate link), explains how Justices O’Connor, Ginsburg, and Sotomayor brought wisdom to SCOTUS (but where’s the love for Justice Kagan?). [Slate via How Appealing]

    59 Comments / / Aug 27, 2015 at 9:14 AM
  • Ruth Bader Ginsburg Manicure

    Ruth Bader Ginsburg

    Where Can You Get A Ruth Bader Ginsburg Manicure?

    We expect RBG nail designs like this will soon be all the rage.

    12 Comments / / Aug 24, 2015 at 2:46 PM
  • Ashley Madison

    Morning Docket

    Morning Docket: 08.24.15

    * It looks like the other slutty shoe has officially dropped. Two law firms have filed a $578 million class-action lawsuit against adultery dating site Ashley Madison for breaching their clients’ privacy rights. Impact Team must be thrilled. [TIME]

    * Gov. Chris Christie says that if he’s elected president, he won’t nominate anyone with a Harvard Law or Yale Law degree to SCOTUS. Non-Ivy law schools better start priming and primping their most successful grads on the off chance Christie gets the nod. [CBS News]

    * Case Western Law decided that two heads are better than one, because Jessica Berg and Michael Scharf were just permanently appointed to serve as co-deans. We can’t think of any other law school with a dynamic duo of deans like this. [Crain’s Cleveland Business]

    * In Biglaw, romantic wranglings can follow you beyond the grave: Thomas Hale Boggs Jr.’s estate is doing battle with a woman who claims she had a relationship with the former head of Patton Boggs — and now she wants some of his property. [National Law Journal]

    * He may be “used to playing on a different court,” but Michael Jordan really took it to the hole on this case. Defunct grocery store Dominick’s Finer Foods must now pay the sports star $8.9 million for using his name in a steak ad without his permission. [NBC News]

    80 Comments / / Aug 24, 2015 at 8:58 AM
  • Supreme Court Clerk Hallway original

    Clerkships, Feeder Judges, SCOTUS, Supreme Court, Supreme Court Clerks

    Supreme Court Clerk Hiring Watch: Ranking The Non-Traditional Feeder Judges

    Which state-court and federal district judges send their clerks to the U.S. Supreme Court?

    12 Comments / / Aug 20, 2015 at 6:03 PM
  • Justice Sonia Sotomayor

    Morning Docket

    Morning Docket: 08.20.15

    * You’ve heard about what it’s like to be a Supreme Court clerk, but we bet you’ve never heard about what it’s like to be a Supreme Court intern. It’s apparently the “opportunity of a lifetime” to do errands and prepare lunch and meals for Justice Sonia Sotomayor. [Supreme Court Brief]

    * If you’re trying to file an effective brief with the Supreme Court, it’s best to write in “relatively short sentences, with a non-confrontational tone.” In other words, you really shouldn’t be trying to emulate Justice Scalia’s “jiggery-pokery” flair. [Big Law Business / Bloomberg BNA]

    * Wachtell Lipton may interested in going “big brother” on its associates, but when it comes to the Securities and Exchange Commission, the firm wants to steer clear of such voyeurism by doing away with clients’ quarterly reports. [Wall Street Journal (sub. req.)]

    * This judge didn’t play “just the tip” when it came to piercing his corporate veil: Paul Hansmeier of copyright-troll firm Prenda Law must pay sanctions to the tune of $64,000 after he drained cash from another one of his firms and then dissolved it. [Ars Technica]

    * Texas Tech Law is introducing a “brain-training” seminar for its first-year law students that will “maximize their brains’ performance.” One wonders if they took such a course before law school if they’d be enrolled in the same place. [Lubbock Avalanche-Journal]

    69 Comments / / Aug 20, 2015 at 8:59 AM
  • Grooms to be holding hands (photo by Tim Ryan Smith).

    Religion, Weddings

    Should Town And County Clerks Opposed To Gay Marriage Be Required To Issue Marriage Licenses To All Couples?

    Whatever happened to the noble tradition of resignation on principle?

    120 Comments / / Aug 18, 2015 at 5:40 PM
  • Supreme Court Clerk Hallway original

    Politics, SCOTUS, Supreme Court, Supreme Court Clerks

    A New Trend Among Supreme Court Clerks?

    Why are so many former SCOTUS clerks flocking to Capitol Hill?

    30 Comments / / Aug 18, 2015 at 4:32 PM
  • Lucky in Kentucky

    Morning Docket

    Morning Docket: 08.14.15

    * Judge Lance Mason, who was suspended from his duties earlier this year, recently pleaded guilty to charges related to a brutal attack made on his wife. He’ll be sentenced in September, and faces up to 36 months in prison. [Northeast Ohio Media Group]

    * No one will be getting lucky in Kentucky under this clerk’s watch: Two months after SCOTUS declared a constitutional right to same-sex marriage, this state court clerk is still turning away gay couples and refusing to issue marriage licenses. [New York Times]

    * Per the latest report from Citi Private Bank’s Law Firm Group, even though this year started out well, the bank is revising its financial performance forecast, and not in a good way. Hopefully firms will be able to weather the latest monetary storm. [Am Law Daily]

    * Starting in mid-October, lawyers and law firms will be able to purchase .law domain names. A few influential law firms — DLA Piper, Skadden Arps, and SCOTUSblog-affiliated Russell & Goldstein — have gotten first dibs on them. Congrats! [WSJ Law Blog]

    * Law librarians at large and medium-sized firms feel underutilized and underpaid, and that’s unfortunate, because like Liam Neeson in Taken, they’ve got a very particular set of skills, skills they’ve acquired over a very long career. [Big Law Business / Bloomberg BNA]

    50 Comments / / Aug 14, 2015 at 9:04 AM
  • The women of SCOTUS (Photo via Maia Weinstock)

    Morning Docket

    Morning Docket: 08.13.15

    * “When it’s convenient, we’re alumni; when it’s not convenient, we are not alumni.” Grads of Texas Wesleyan Law — which is now known as Texas A&M Law — are suing because the school won’t grant them new degrees or recognize them as alumni. Harsh, y’all. [Houston Chronicle]

    * The ABA Journal wants to know who you think the smartest judge in the U.S. is. Let’s hear it for the wonderful women of the Supreme Court: Justices Sandra Day O’Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. [ABA Journal]

    * Now that same-sex marriage is legal across the country, it only seems logical that bans on adoptions by same-sex couples should be overturned. Mississippi will have Roberta Kaplan of Windsor fame to thank when its ban is struck down. [New York Times]

    * Pa. Attorney General Kathleen Kane has claimed innocence with regard to the criminal charges she recently racked up. She blames the entire ordeal on blowback from the state’s “Porngate” scandal. AG Kane has got one hell of a moneyshot. [Philadelphia Inquirer]

    * Did you know that there’s such a thing as barbecue law? Further, did you know that a Biglaw attorney who serves as counsel at Norton Rose Fulbright who’s never handled a barbecue case has cornered the market on BBQ law books (affiliate link)? [Legal Times]

    70 Comments / / Aug 13, 2015 at 8:55 AM
  • gay marriage cake


    Non-Sequiturs: 08.12.15

    * A new paper by Professors Josh Blackman and Howard Wasserman on the process of marriage equality. For those of you who get really excited over civil procedure. [SSRN]

    * Fresh off the threat of Supreme Court sanctions, partner Howard Shipley, formerly of Foley & Lardner, has landed at Gordon & Rees. Good fit… there’s no way he’ll embarrass that firm. [Gordon & Rees]

    * We had some fun at the expense of a very predictable Norwegian prison escape the other day, but it’s worth recognizing an outlier for what it is — here’s a detailed look at Norway’s usually successful prison system. [New York Times]

    * With public defenders like these… An interpreter employed by the public defenders’ office scammed immigrants seeking bribes with promises to pull strings to avoid deportation. [Times-Picayune]

    * Is “Office Temperature-Gate” worthy of a Title VII claim? [Adjunct Law Prof Blog]

    * A guy sat in prison for over 3 months after he completed his sentence because the system is as awful as it is incompetent. [Mother Jones]

    * If you’re looking for CLE and have tickets to New York Comic Con on Thursday, October 8, then here’s the panel for you. [NY Comic Con]

    * Most employers in New York City can no longer check credit history in making employment decisions. Time to hit up Saks for that shopping spree. [DLA Piper]

    19 Comments / / Aug 12, 2015 at 5:03 PM
  • Richard_M._Nixon,_ca._1935_-_1982_-_NARA_-_530679


    Non-Sequiturs: 08.10.15

    * Interesting… audio of Richard Nixon’s only oral argument before the Supreme Court. [Concurring Opinions]

    * Aaron Hernandez’s lawyers want his murder indictment tossed. Tom Brady is relieved he now has the second-dumbest Patriots legal challenge. [NECN]

    * There’s a robust piranha-smuggling operation in the United States. That’s… Sharknado levels of terrifying. [Legal Juice]

    * In between ripping Rosie O’Donnell, the GOP “debate” actually talked a little about the Constitution. [Dorf on Law]

    * New York’s responsible banking law is unconstitutional. Banks rejoice. [Reuters]

    * The New York Times broached the subject of “resting bitch face.” How do lawyers avoid the phenomenon? [Attorney at Work]

    * God Donald Trump is entertaining. [What About Clients?]

    * Why aren’t the poor a suspect class? [PrawfsBlawg]

    17 Comments / / Aug 10, 2015 at 5:11 PM