Anthony Kennedy

Morning Docket

Morning Docket: 06.29.18

* Justice Kennedy may be stepping down from the Supreme Court, but that doesn't mean he won't have a job. The dean of the University of the Pacific’s McGeorge School of Law already called the soon-to-be retireee and offered him a teaching position. Will Kennedy become a law professor? [Sacramento Business Journal] * The suspect in the Capital Gazette shooting has been identified as Jarrod Ramos. Ramos filed and lost a defamation suit against the newspaper in 2012 for correctly reporting that he'd pleaded guilty to criminal harassment. At least five people were killed during the shooting spree, and several others were seriously injured. [CNBC] * Does the death penalty violate the Eighth Amendment of the Constitution? At this rate, we may never find out because the Supreme Court keeps turning down cases challenging the issue. Justice Breyer is getting really upset about this, and dissented in both of the Court's denials this week. [National Law Journal] * Justice Ruth Bader Ginsburg is known to her fans as the Notorious R.B.G., and now she's got an album that's bears the exact same name. "Notorious R.B.G in Song" is a musical tribute that was created by her children, and even includes jokes about her horrible cooking skills. [WOSU Radio] * Remember Leicester Bryce Stovell, the lawyer who claimed via failed lawsuit that he was NBA legend LeBron James's father? He just got disbarred. [American Lawyer]

By Staci Zaretsky
Morning Docket

Morning Docket: 06.28.18

* Now begins the period of wild predictions about Kennedy’s eventual replacement. Young judge with proven record of hostility toward minorities, gays, and women would be a pretty good bet. [National Law Journal] * A whopping 33 states employ the UBE now. [Law.com] * No one is actually complying with GDPR. Sounds right. [Digiday] * But back to Supreme Court news, remember Roe? Yeah that won’t be around much longer. And if you’ve deluded yourself into the Pollyannaish belief that Roberts won’t go there, you’re forgetting how courts work. [Slate] * This op-ed by the legal luminary power family, the Amars, about Justice Kennedy’s call for a civil and balanced court in his Muslim Ban concurrence did not age well. But it’s worth revisiting to demonstrate just how deeply Kennedy grifted everyone, including some of the smartest legal minds around, with his “swing” schtick. [CNN] * ICE lawyer decides it’s time to help kids instead of hurt them. To quote West Wing: “Let's... I tell you what, let's forget the fact that you're coming a little late to the party and embrace the fact that you showed up at all.” [USA Today] * Border patrol is about to get aggressive on keeping Canadians out. [Newsweek]

By Joe Patrice
Morning Docket

Morning Docket: 06.18.18

* This weekend, a passerby recognized Michael Cohen on the street, calling him out as "that guy that’s going to jail." For his part, President Trump later recognized Michael Cohen as a "good person," calling him out as "not my lawyer anymore." Ouch. [The Hill] * For what it's worth, Michael Cohen may not have to worry about jailtime for too long. After all, Rudy Giuliani says that the president may pardon Paul Manafort after the conclusion of the Russia investigation. His longtime personal lawyer could very well get a pardon thrown his way too. [Washington Post] * Justice Anthony Kennedy had dinner in Manhattan this weekend following his grandson's graduation, and he was treated like the superstar that he is. Per sources, as soon as Justice Kennedy arrived at Antica Pesa for his meal, “a security detail almost shut down a street, as onlookers wondered who he was.” [Page Six / New York Post] * According to a survey conducted by the Corporate Legal Operations Consortium, some in-house leaders are really angry about the latest Biglaw associate raises, and other in-house leaders aren't angry about them at all -- so long as they don't have to pay more for their outside counsel, that is. [Corporate Counsel] * Hot off the heels of her settlement with the Securities and Exchange Commission, Theranos founder Elizabeth Holmes was recently indicted on charges of wire fraud and conspiracy to commit wire fraud in an alleged scheme to con investors and mislead doctors and patients. [MedCity News]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 05.27.18

Ed. note: We will not be publishing on Monday, May 28, in observance of Memorial Day. We will return to our regular publication schedule on Tuesday, May 29. * What is up with the lively Twitter feed of George T. Conway, former Wachtell Lipton partner and husband of top Trump adviser Kellyanne Conway? It's not entirely clear -- but if you're not already following GTC, you should be. [Politico] * Because Masterpiece Cakeshop isn't the only cake controversy out there: mom tries to get "summa cum laude" written on her son's graduation cake, hilarity sues. [Althouse] * Over at the invaluable Take Care blog, you can now find an extensive database of articles addressing impeachment in the Age of Trump -- to complement Laurence Tribe and Joshua Matz's new book about impeachment (affiliate link). [Take Care] * Is Justice Anthony M. Kennedy about to retire from the Supreme Court? Per Adam Feldman, "signs point to Justice Kennedy remaining on the Court past this term notwithstanding all of the discussion surrounding his retirement." [Empirical SCOTUS] * When #MeToo meets defamation claims: a court tosses Tavis Smiley's libel claim against PBS. [Volokh Conspiracy / Reason] * "Surprise! Your expert witness has a rap sheet." And there's no plug-and-play solution to vetting expert witnesses, as Jean O'Grady explains. [Dewey B Strategic] * Saira Rao, who helped diversify the world of children's books, hopes to do the same for politics -- by becoming Colorado's first woman of color elected to Congress. [Teen Vogue]

By David Lat
Morning Docket

Morning Docket: 04.30.18

* "Please Stay, Justice Kennedy. America Needs You." The editorial board of the paper of record has penned a moving letter to Justice Anthony Kennedy, pleading with him not to retire from the Supreme Court during a moment in history when the high court -- and the country at large -- faces "an institutional crisis." [New York Times] * Par for the course? In order to be hired for her job, Attorney General Jeff Sessions's top spokeswoman apparently had to swear fealty to President Donald Trump because she had criticized him during the 2016 Republican primaries. [Washington Post] * House Republicans want to impeach Deputy Attorney General Rod Rosenstein, a punishment that was last used against an executive branch employee 122 years ago. FYI, "[i]t's not meant to use to go after officials who don't share your policy views or your political goals," so it's not likely to happen, but good luck with that. [USA Today] * T-Mobile has agreed to buy Sprint (again), and this time, they think that the Trump administration will allow the deal to go through because they want Make America's 5G Great Again. To paraphrase what Sprint spokesman Paul would say, all law firms are great, but we wonder which ones are on this deal. [Wall Street Journal] * The first lawsuit has been filed against Southwest Airlines by a survivor of the deadly flight where a passenger was partially sucked out of the window following an engine explosion. The suit was filed by Lilia Chavez, who "prayed and feared for her life" after she "witnessed the horror" of the disaster, and now claims she has PTSD. [ABC News] * Judge Robert F. Chapman, senior judge of the Fourth Circuit, RIP. [Fourth Circuit]

By Staci Zaretsky