Supreme Court

It’s that time of year again! Time for all lawyers to tear themselves away from drinking at their desks and gather around a television to participate in an Above the Law drinking game.

Where else is there a drinking game focused on Justice Ginsburg AND Ted Nugent?

Remember to follow your Above the Law editors covering the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, @StaciZaretsky, and @JosephPatrice (because a week after the fact, I realize it’s too difficult to tweet from my usual handle and have people realize who I am).

Unless otherwise noted, take a sip whenever these come up….

double red triangle arrows Continue reading “A Lawyer’s Guide to Getting Drunk During the State of the Union”

Justice never sleeps… except during Obama’s SOTU addresses.

* “You just sit there, looking stupid.” The justices of the Supreme Court aren’t required to show up and look like “potted plants” at the State of the Union address, but some of them do every year. [CNN]

* Well, thanks to the DOJ’s fraud lawsuit filed against ratings agency Standard & Poor’s, it’s starting to look a lot like a litigation gang bang up in here as far as the states are concerned. [Bloomberg]

* Dewey know whether D&L’s retirees are still kicking (legally speaking) or if they’ve decided to send their claims to hospice? We certainly do, and we’ll have more on this later. [Am Law Daily]

* That “death and taxes” thing may be true, but when you’re trying to navigate the U.S. tax code as a married same-sex couple and the government won’t even recognize your union, there’s an uncomfortable air of uncertainty. [New York Times]

* “Have we seceded already? The execution is faster than I thought.” Guess which state in the Deep South accidentally raised a Confederate battle flag over the building that houses its Supreme Court. [Clarion-Ledger]

* Mama said knock you out: if you’re trying to figure out how to get a job after graduating from New England Law School, moonlighting as a champion boxer will help you beat down the competition. [Boston Herald]

Judge Lynn Hughes

* Above the Law promotes real-world change! Complaint filed against a Texas judge after we call him out for being RACEIST! [ABA Journal]

* If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]

* If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]

* Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]

* Federal District Judge John Lungstrum calls out a couple trial teams for terrible trial work. Biglaw litigators may not be the best trial attorneys? You don’t say. [New York Personal Injury Attorney Blog]

* Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]

* Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]

* SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]


Talk to the hand, Nino, talk to the hand.

* “But Daddddddd!!!” Sorry, HealthBridge, but sometimes mom’s word is the law. After RBG slapped down a request to review the constitutionality of Obama’s recess appointments, the rest of the Supreme Court told Scalia to STFU. [Blog of Legal Times]

* “The very idea that she would be headlining a Pepsi event is shocking.” Are Justice Sonia Sotomayor’s days as a judicial darling coming to an end? After attending this event for Yale Law women in April, they may be numbered. [New York Times]

* And you thought they were “Burning Down the House” before! Standard & Poor’s has hired talented trial attorney John Keker of Keker & Van Nest to represent the ratings agency in the DOJ’s $5 billion suit. [Reuters]

* Talk about a soft landing: David Kappos, the former director of the United States Patent and Trademark Office, was picked up by Cravath. He’s only the fourth lateral partner the firm’s hired in 50 years. [Am Law Daily]

* Hilarie Bass of Greenberg Traurig is one of the most powerful women in Biglaw. In consideration of that $200M suit, the firm is now shifting to a “boys and one girl club” model. [Daily Business Review (sub. req.)]

* “Axiom simply does it better, faster and cheaper.” The innovative legal services company manned by Biglaw refugees celebrated its thirteenth anniversary with a bang — $28 million in funding. [WSJ Law Blog (sub. req.)]

* Oh noooo! We’re a public school and we don’t have enough students to fill the seats! Let’s raise tuition by six percent, then charge everyone the new in-state price, and pretend like it’s a favor. Yay! [National Law Journal]

Or lunch. Specifically, what Chief Justice John Roberts had for lunch yesterday, and where….

UPDATE (12:00 PM): And with whom JGR might have dined. See the update appended near the bottom of this post.

double red triangle arrows Continue reading “The Eyes of the Law: What the Judge Had For Breakfast”

Well, a piece of me would want her to become a justice instead of a person on television….

– Justice Sonia Sotomayor, in response to Stephen Colbert’s question — “When you go to the Bronx and you see a young girl on a playground there, do you think, ‘That child has the same opportunities I had when I was a child’?” — posed during last night’s episode of the Colbert Report. Sotomayor seemed generally confused, but attempted to play it off as if she had just pulled one over on Colbert.

(Continue reading to see a clip of the interview in question.)

double red triangle arrows Continue reading “Quote of the Day: A Latina Who Isn’t Wise On Jokes”

Now there’s a cover boy for the conservative Tiger Beat.

Paul Clement must still be stinging from that Obamacare loss. The celebrated conservative lawyer and former Solicitor General seemed unbeatable after he managed to secure constitutional approval for the government to hold prisoners indefinitely while blasting Barry Manilow if the Vice President’s office says so.  People actually described him as the Michael Jordan of the law.

And then the Court upheld Obamacare. Even Jordan needed Pippen.

To reestablish his conservative street cred, Clement filed a petition with Justice Ginsburg to jump the line and put his case complaining about NLRB recess appointments, currently residing in a Connecticut district court, in front of the Supreme Court ahead of the high profile Noel Canning v. NLRB decision from the D.C. Circuit (discussed by Elie here).

Justice Ginsburg told Clement to pound sand.

What a diva!

double red triangle arrows Continue reading “Justice Ginsburg Swats Down Paul Clement’s Latest Attempt To Blow Up Recess Appointments”

* As President Barack Obama’s position on gay marriage continues to “evolve,” we’re left wondering what exactly Solicitor General Donald Verrilli will say come Supreme Court oral arguments showtime in late March. [New York Times]

* “This is a chilling document.” The moment you’ve been waiting for has arrived: the DOJ memo about the Obama administration’s most secretive and controversial policy, the legal justification of drone strikes against American citizens, was leaked. [NBC News]

* In the litigation blame game, the Department of Justice has a lawsuit cooking against Standard & Poor’s, the supposed “key enablers of the financial meltdown,” over the agency’s mortgage bond ratings. [Reuters]

* Many pieces from Dewey & LeBoeuf’s massive art collection were auctioned off on Friday for $528,120. The failed firm’s creditors must be chomping at the bit as they wait to receive the proceeds. [Blog of Legal Times]

* You must remember Cynthia Brim, the Chicago judge who was declared “legally insane.” She’s too insane to be found guilty of a battery charge, but not quite insane enough to lose her reelection bid. [Chicago Tribune]

* Apologies to those with disabilities in California, but this ruling has given the Law School Admissions Council free reign to continue to flag your applications if you got extra time on the LSAT. [National Law Journal]

* GW Law School is adding a new question to its application to gauge the LGBT status its applicants. Not sure how this will affect cratering applications, but drink more of the Kool Aid if it makes you feel better. [GW Hatchet]

* Here’s some sage advice from our managing editor: “If you’re not okay with working for free, don’t take the internship.” Or, in the alternative, you can sue, and win a fat settlement check. [International Business Times]

Justice Sotomayor can be seen everywhere — from First Street to U Street to Sesame Street.

I had the pleasure and honor of meeting then-Judge Sonia Sotomayor, at the time a member of the U.S. Court of Appeals for the Second Circuit, at a friend’s wedding in the spring of 2005. I wrote a quick story about it for my first blog, Underneath Their Robes. I praised Her Honor as “striking,” “glamorous,” and stylishly attired: “Based on her fashion sense, it sounds like she’d be more at home on a Paris runway!”

But what really struck me about Judge Sotomayor was how friendly and down-to-earth she was. She chatted amiably with everyone, just like an ordinary guest; she put on no Article III airs. And when the time came to cut the rug, she and Judge Barbara Jones — then of the S.D.N.Y., now of Zuckerman Spaeder — dominated the ballroom like it was their courtroom.

Now the rest of the nation is seeing the Sonia Sotomayor that I briefly glimpsed almost eight year ago. As reflected in recent media coverage, the Wise Latina is truly America’s judicial sweetheart. And super-nice to the neighbors in her U Street condo building — who have all sorts of fun dish on the justice….

double red triangle arrows Continue reading “It’s Justice Sotomayor’s Beloved World; The Rest Of Us Are Just Living In It (Plus Tales From Her Honor’s Neighbors)”

RBG, Law Diva

People ask me, “If you could be whatever you wanted to be, what would you be?” My first answer is not “a great lawyer.” It is, “I would be a great diva.” But I totally lacked that talent, so the next best thing is the law.

– Justice Ruth Bader Ginsburg, commenting on her true career ambitions during a recent interview about opera on New York Public Radio station WQXR’s “Operavore” program. (In Italian, a diva is a celebrated opera singer.)

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