David Bernstein

Understanding the law used to be a positive.

* Where does Justice Brett Kavanaugh fit along the ideological spectrum at the Supreme Court? Adam Feldman evaluates the evidence thus far. [Empirical SCOTUS]

* Speaking of SCOTUS, Frank Pasquale takes Neal Devins and Lawrence Baum’s new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (affiliate link), as a jumping-off point for exploring the political polarization of SCOTUS. [Balkinization]

* Texas v. Azar, the Obamacare case now pending before the Fifth Circuit, makes for unusual alliances — how often do you see Jonathan Adler, Nick Bagley, Abbe Gluck, and Ilya Somin on the same amicus brief? [Take Care]

* David Bernstein offers some thoughtful reflections — with which I happen to agree — on how some conservatives responded to the nominations of Neomi Rao and Jessie Liu. [Volokh Conspiracy / Reason]

* Joel Cohen has a question about Robert Mueller: “What did he know, and when did he know it?” [The Hill]

* And Cohen also has this interesting interview with Justice David Wecht of the Pennsylvania Supreme Court, about an important (and disturbing) subject: the recent rise in anti-Semitism, in America and abroad. [Tablet]

* If you share my interest in litigation finance, then you might be interested in this great new resource: a comprehensive digital library of documents relating to the litigation-funding industry. [Litigation Finance Journal]

* What trends and technology will shape the future of the legal profession? Jean O’Grady discusses highlights from a new report by Wolters Kluwer. [Dewey B Strategic]

* In case you haven’t been keeping score like we have, these are the firms that have recently raised salaries: Thompson & Knight, Chapman & Cutler, Sterne Kessler, Edelson, and BakerHostetler. If you’re ever worried that you’ve missed any of our coverage on pay raises, you can check out our omnibus 2016 salary chart where we collect these stories. [2016 Salary Increase / Above the Law]

* Judge Richard Posner of the Seventh Circuit, who is known well for his longtime feud with the late Justice Antonin Scalia, isn’t going to let a little thing like death keep him from lobbing “posthumous swipe[s]” at the deceased jurist. Constitutional historian David Bernstein was quick to call Judge Posner’s comments “revolting.” [WSJ Law Blog]

* “The ruling deals a crushing blow to this most recent wave of state efforts to shut off access to abortion though hyper-regulation.” The Supreme Court’s decision in Whole Woman’s Health could open doors to challenges to other laws concerning restrictions on abortions — or inspire narrowly tailored anti-abortion legislation. [New York Times]

* “[O]ur concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. It is instead with the broader legal implications of the Government’s boundless interpretation of the federal bribery statute.” In case you were too caught up with the abortion-rights decision, SCOTUS also tossed former Va. Gov. Bob McDonnell’s conviction. [NPR]

* The aftermath of the United Kingdom’s Brexit referendum has left law firms in Great Britain scrambling to provide answers to questions about legal uncertainties. From Baker & McKenzie to Allen & Overy to Clifford Chance, several Biglaw firms are trying to assist their clients with webinars, white papers, and 24-hour hotlines. [ABA Journal]

* Tony Villegas was convicted of the murder of Melissa Britt Lewis, a former partner at Ponzi schemer Scott Rothstein’s firm. Villegas blamed Lewis for the breakup of his marriage thanks to her friendship with his ex-wife, who once served as the Rothstein firm’s chief operating officer. Villegas was sentenced to life in prison. [Sun-Sentinel]

* The legal price of adultery has apparently gone down. That’s good news if you’re trying to keep your motorcycle. [Verdict] * The title is “Apply to Law School Now!” No. Seriously, don’t. [Slate] * Professor David Bernstein says of Gawker: “So you can see how the headline is false on multiple levels but it certainly provides clickbait for Gawker.” The initial story Bernstein wrote kicking this off was: “YOU are a rapist; yes, YOU!” But, yeah all caps and exclamation points is in NO WAY click-baiting (oh, and it was also hyperbole on many levels). [The Volokh Conspiracy / Washington Post] * Barry Scheck was brought on as an expert to review the conviction that formed the subject of Capturing the Friedmans (affiliate link). Let’s just say he’s brought a different angle to it than the D.A.’s internal review. [WiseLaw NY] * Federal judge nixes the infamous “no-fly list” for denying due process. Looks like a certain judge is going to have a hard time leaving PDX next time. [The Oregonian] * If you’ve long feared injury from flying foodstuffs at baseball games, worry no more. [ABA Journal] * Gifts for the Homeless is hosting a Battle of the Law Firm Bands in Washington, D.C. tomorrow. Be there or be square. [Crowdrise]

* The importance of firm toilets. [Legal Cheek] * JFK University is holding “Saturday Law School” at a shopping mall. They’ll be down by the “Macy’s and California Pizza Kitchen.” [Pleasanton Weekly] * Professor David Bernstein from GMU Law explains how sex works. Basically, unless you’re dealing with prostitutes, the proper way to deal with women is to just stick it in and see what happens. [Gawker] * "Noticing that different people look differently = innate human observation a little girl can do. Ascribing vastly different levels of trustworthiness based on skin color = police work." [ATL Redline] * Michelle MacDonald, the GOP nominee for Minnesota Supreme Court, has a pending DWI and an old contempt arrest, which she blows off with the line, “You can play foosball in the court when a judge isn’t there.” Picking real winners there, Minnesota. [Politics in Minnesota] * Cocaine gave this lawyer 9 lives. [Missouri Lawyers Weekly (sub. req.] * Mike Rowe decides not to take a lawyer’s advice. [IJ Review] * The Supreme Court was pretty good to the environment yesterday. Something must have been wrong. [Grist]