Court Packing

Morning Docket

Morning Docket: 04.17.19

* Democratic presidential candidate Pete Buttigieg’s nonpartisan plan to pack the Supreme Court almost seems too good to be true — and that’s likely because it might be unconstitutional. [Slate] * The Trump Organization wants Michael Cohen’s lawsuit seeking legal fees for his defense to be tossed out, claiming Trump’s former fixer created “fictitious ‘contract’” to ensure they’d be bound to him. (But even if it existed, they probably wouldn’t want to pay up anyway.) [Big Law Business] * In case you missed it, Dentons, the world’s largest law firm, has tapped Chicago finance partner Mary Wilson, “an enthusiastic, exceptionally passionate lawyer and leader,” as the first woman to serve as its U.S. managing partner. Congratulations! [American Lawyer] * After years tied up in patent and antitrust litigation, Apple and Qualcomm settles in the middle of opening statements at trial yesterday afternoon. Now the feuding companies will have to behave, at least for the next six years. [The Recorder] * Remember Jeffrey Wertkin, the Akin Gump partner who disguised himself in a wig to try to sell a copy of a whistleblower complaint to Fortinet? The network security company just settled that False Claims Act case for $575K. [Law.com]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 10.14.18

* Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh's brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS] * And Joel Cohen looks at how Justice Kavanaugh's confirmation fight might affect his judging of the accused. [Law and Crime] * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill] * Jemele Hill points out the support and sympathy for Justice Kavanaugh from a possibly surprising quarter: African-American men. [The Atlantic] * Packing the Supreme Court? There ought to be a constitutional amendment about that, Jim Lindgren says. [Volokh Conspiracy / Reason] * In fact, is it time for progressives to fight against, rather than within, the courts? Howard Wasserman offers thoughts on the recent Slate debate between Daniel Hemel and Christopher Jon Sprigman. [PrawfsBlawg] * Patrick Gregory reports on the latest controversy in the world of lower-court nominations: the ABA's "not qualified" rating of Eighth Circuit nominee Jonathan Kobes. [Big Law Business] * Edmund Zagorski has multiple legal challenges to his execution (which is now on hold); former federal defender Stephen Cooper looks at the one based on the method of execution. [Tennessean] * Congratulations to Pedro Hernandez on the dismissal of his case -- and to his counsel, Alex Spiro of Quinn Emanuel, on the great result. https://www.youtube.com/watch?v=-2YPLmtwkug

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.08.18

* After the D.C. Circuit, which circuit has produced the most justices who have joined the Supreme Court after 1900? The answer might surprise you. [Empirical SCOTUS] * Here are thoughts on the SCOTUS shortlisters from my colleague Joe Patrice -- who explains why it's unlikely we'll get another Souter. [The Takeaway / WNYC] * Here are where the leading Court candidates stand on issues of admin law, courtesy of Chris Walker and company. [Notice & Comment / Yale Journal on Regulation] * And here's a response to my argument that liberals shouldn't panic about SCOTUS, from San Francisco litigator Gordon Renneisen. [Law360] * Leah Litman believes that the new justice spells trouble for Roe -- but the specific reasoning for undermining Roe could take different forms. [Take Care] * Josh Blackman explains why court packing would be neither feasible nor wise. [National Review] * Veronica Root uses law clerk hiring as a jumping-off point to explain why diversity and compliance are deeply intertwined. [PrawfsBlawg] * "Mysterious men and women in wizard-like robes make decisions in private that profoundly shape our lives." Are we talking about SCOTUS, or... The Incredibles? [Gizmodo]

By David Lat