Non Sequiturs: 01.27.19
* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, "Why are Democrats fighting the judicial nomination of a qualified gay minority?" Good question! [The Federalist] * Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it's the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being inflammatory. [Bench Memos / National Review] * And KC Johnson, reviewing the collegiate writings by Rao that have generated the attacks against her, argues that Rao's views on campus sexual assault -- from 25 years ago, so who knows whether or not she still holds them -- are "align[ed] both with statute and today’s mainstream opinion." [City Journal] * Litigation over a watchdog commission for handling complaints of prosecutorial misconduct in New York State involves a lot of legal luminaries, including Jim Walden and Jacob Gardener of Walden Macht, Jim McGuire and Daniel Sullivan of Holwell Shuster & Goldberg, and Andrew Rossman, Kathleen Sullivan, and Alex Spiro of Quinn Emanuel. [New York Law Journal] * Could Nick Sandmann and the Covington boys file libel lawsuits over some of the commentary on their controversy? It could be an uphill climb, according to Eugene Volokh (a First Amendment expert, and hardly anyone's idea of a leftist). [Reason / Volokh Conspiracy] * But if Covington cases do get filed, they could give rise to some interesting issues of civil procedure, as Howard Wasserman notes. [PrawfsBlawg] * Many lessons can be learned from the Fyre Festival debacle -- and one of the legal ones is that FTC disclosures actually matter. [All Rights Reserved] * If you're a liberal or progressive appellate litigator interested in taking on the Trump Administration, check out this new job posting from the good folks at the CAC. [Constitutional Accountability Center]
Patrick Bumatay (public domain photo).
* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, “Why are Democrats fighting the judicial nomination of a qualified gay minority?” Good question! [The Federalist]
* Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it’s the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being inflammatory. [Bench Memos / National Review]
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* And KC Johnson, reviewing the collegiate writings by Rao that have generated the attacks against her, argues that Rao’s views on campus sexual assault — from 25 years ago, so who knows whether or not she still holds them — are “align[ed] both with statute and today’s mainstream opinion.” [City Journal]
* Litigation over a watchdog commission for handling complaints of prosecutorial misconduct in New York State involves a lot of legal luminaries, including Jim Walden and Jacob Gardener of Walden Macht, Jim McGuire and Daniel Sullivan of Holwell Shuster & Goldberg, and Andrew Rossman, Kathleen Sullivan, and Alex Spiro of Quinn Emanuel. [New York Law Journal]
* Could Nick Sandmann and the Covington boys file libel lawsuits over some of the commentary on their controversy? It could be an uphill climb, according to Eugene Volokh (a First Amendment expert, and hardly anyone’s idea of a leftist). [Reason / Volokh Conspiracy]
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* But if Covington cases do get filed, they could give rise to some interesting issues of civil procedure, as Howard Wasserman notes. [PrawfsBlawg]
* Many lessons can be learned from the Fyre Festival debacle — and one of the legal ones is that FTC disclosures actually matter. [All Rights Reserved]
* If you’re a liberal or progressive appellate litigator interested in taking on the Trump Administration, check out this new job posting from the good folks at the CAC. [Constitutional Accountability Center]
David Lat is editor at large and founding editor of Above the Law, as well as the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.
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