Federal Judges

Morning Docket

Morning Docket: 07.31.17

* After the spectacular failure that was the "skinny repeal" bill, President Trump has called for the filibuster to be abolished to prevent Senate Republicans from "look[ing] like fools." Sorry, but a bipartisan majority has already opposed eliminating the filibuster for legislation, and Senate Majority Leader Mitch McConnell has no desire to do away with it. [CBS News] * "If we are not careful, when we wake up from the Trump presidency, our justice system may be broken beyond recognition." Sally Yates, the former acting attorney general who refused to enforce President Trump's travel ban, wrote an excellent op-ed piece for the newspaper of record on the need to protect the Justice Department -- and the rule of law -- from Trump. [New York Times] * A preemptive congratulations? Word on the street is that Deputy White House counsel Gregory Katsas is currently leading the pack when it comes to consideration for the vacancy on the D.C. Circuit. As mentioned previously here at Above the Law by my colleague David Lat, "If Greg Katsas wants it, then he’ll probably get it" -- and right about now, it seems like Greg Katsas wants it. [NPR] * White House communications director Anthony Scaramucci's expletive-laced public meltdown has people wondering what he was really like when he went to Harvard Law. Aside from the "leaked tapes" from Professor Laurence Tribe's constitutional law class, we bet you didn't know that Scaramucci once fouled President Obama on a basketball court before he graduated. [Law.com] * "Drain the swamp. Drain the sewer that is the DOJ. MAGA." Jury deliberation begins today in Martin Shkreli's fraud trial. Will the disgraced pharma bro be sent to jail for his alleged crimes, or will he be set free into the wilds of Manhattan to relish in his own douchebaggery? We suppose we'll soon find out. Best of luck to Mr. Shkreli, as he may need it. [DealBook / New York Times]

By Staci Zaretsky
Morning Docket

Morning Docket: 07.14.17

* The Second Circuit vacates the corruption convictions of former New York Assembly Speaker Sheldon Silver. Congratulations to his counsel, the high-powered litigation boutique of MoloLamken (which handled the appeal as well as the trial). [How Appealing] * And congrats to federal judicial nominees John K. Bush (Sixth Circuit) and Kevin Newsom (Eleventh Circuit), who just got voted out of the Senate Judiciary Committee. [Washington Examiner] * In other nomination news, the White House seems to be taking its time in announcing a Ninth Circuit nominee from Oregon. Delay may strengthen the case for frontrunner Ryan Bounds; his main competition, Chief Judge Michael Mosman, gets older by the day (turning 61 later this year). [Portland Tribune] * Meet Michael Murray, an ex-SCOTUS clerk and Jones Day alum, who is the Justice Department's new point person on pot. (Fun fact: Kevin Newsom, Ryan Bounds, and Michael Murray all clerked for my former boss, Judge Diarmuid F. O'Scannlain of the Ninth Circuit.) [U.S. News] * Former Ropes & Gray COO Hugh A. Simons wonders: "Are Law Firms Too Sophisticated for Their Own Good?" [Am Law Daily] * Will law school applications see a "Trump Bump," as idealistic aspiring attorneys seek law degrees to join the resistance? We might have more on this later. [Law.com] * Yes, lawyers should stand up for their beliefs -- but they also can (and must) understand the arguments on the other side, as new Yale Law dean Heather Gerken explains. [Time] * The Ninth Circuit has ruled in the Case of the Tweeting Judge. We might have more on this later as well. [How Appealing] * Congratulations to Stephen Kane, an alum of O'Melveny & Myers and Lex Machina, on securing $1.8 million in funding for his FairClaims startup -- which he describes as "a virtual Judge Judy." [TechCrunch]

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.12.17

* The allegations about Marc Kasowitz's drinking problem might be salacious, but the issue of alcohol abuse by lawyers is serious. [Law.com] * Fun for legal nerds everywhere: Chief Judge Diane Wood benchslaps parties for shoddy jurisdictional statements! [On the Case / Alison Frankel via How Appealing] * And more fodder for #appellatetwitter types: Adam Feldman ranks the most-cited justices of the last Supreme Court Term. [Empirical SCOTUS] * Chris Geidner wonders whether another shoe will drop concerning the emails of Donald Trump Jr. [BuzzFeed] * The trial judge in this defamation case ought to read this analysis by Professor Eugene Volokh -- or at least watch The Big Lebwoski ("For your information, the Supreme Court has roundly rejected prior restraint."). [Volokh Conspiracy / Washington Post] * Professor Paul Horwitz comes to the defense of the latest controversial comments by the artist formerly known as Judge Richard Posner. [PrawfsBlawg]

By David Lat
Morning Docket

Morning Docket: 07.12.17

* "If it’s what you say I love it especially later in the summer." An anonymous government official has said that Justice Department Special Counsel Robert Mueller will be taking a hard look at the emails disclosed by Donald Trump Jr. and the meeting discussed within them in his investigation into any possible collusion with Russia's interference in the 2016 presidential election. [CNN] * President Trump has a rare opportunity to reshape the federal judiciary, and with close to 150 vacancies, he's attempting to do just that. That being said, many people are understandably worried about the prospect of Trump's judicial picks because "[w]e're seeing nominees, including Gorsuch, who are going to turn back the clock on hard-fought rights and liberties." [Bloomberg News] * Demand for legal services may be sluggish at best, but that's not stopping law firm leaders from making bullish projections for the future. According to the latest report from Citi Private Bank, law firm managing partners are cautiously confident in the outlook for their businesses. We may have more on this later today. [Am Law Daily] * In what seems to be an effort to catch up with modern times, the American Bar Association's Section of Legal Education and Admissions to the Bar is considering adding gender identity and ethnicity to existing law school accreditation rules regarding diversity, nondiscrimination, and equal opportunity. [ABA Journal] * Notes from the weed line: In this op-ed, former Minnesota governor Jesse Ventura says that if President Trump decides to somehow reverse state laws that have legalized marijuana, then not only would those states be potentially bankrupted, but such action could also trigger another economic collapse across the entire nation. [CNBC]

By Staci Zaretsky