Federal Judges

Non-Sequiturs

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]

By David Lat
Non-Sequiturs

Non Sequiturs: 01.06.19

* It's baaack: partisan gerrymandering returns to the Supreme Court -- and in the view of veteran SCOTUS watcher Amy Howe, it's unlikely that the justices will duck the merits this time around. [SCOTUSblog] * Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason] * Carrie Severino calls out Senate Democrats for their persistent -- and in her view, unjustified -- questioning of judicial nominees about their religious views and affiliations. [Bench Memos / National Review] * Joel Cohen identifies an interesting issue: should a defendant prejudiced by government misconduct in a case receive a break at sentencing? [Law & Crime] * Here are some highlights from Chief Justice John Roberts's year-end report on the federal judiciary, courtesy of Howard Wasserman. [PrawfsBlawg] * The new year is a time of beginnings -- and endings. Concurring Opinions, you will be missed. [Concurring Opinions]

By David Lat
Non-Sequiturs

Non Sequiturs: 12.30.18

* In 2018, what did Donald Trump talk about when he talked about the courts? Adam Feldman dives into the data to find out. [Empirical SCOTUS] * Speaking of President Trump and the judiciary, he continues to appoint federal judges at a record pace -- but the Democrats are doing everything they can to slow down his progress. [Bench Memos / National Review] * If you care at all about affordable housing, then you should be heartened by these developments in the fight against exclusionary zoning, as discussed by Ilya Somin. [Volokh Conspiracy / Reason] * Congratulations to the Department of Justice on its ninth consecutive year of civil health care fraud settlements and judgments exceeding $2 billion. [MedCity News] * If you're interested in the hot topics among law librarians, legal technologists, and others in the space, check out Jean O'Grady's most popular stories of 2018. [Dewey B Strategic] * And if you're interested in the year that was in artificial intelligence and the law, check out the Artificial Lawyer's roundup of notable news. [Artificial Lawyer] * Condolences to the friends, family, and colleagues of Bre Payton, who passed away last week at the age of 26. [The Federalist] * Veteran trial lawyer David Berg continues his series on "What It Takes To Win." [YouTube]

By David Lat
Morning Docket

Morning Docket: 11.21.18

* President Trump pardoned two turkeys yesterday with a stern warning that "House Democrats are likely to issue them both subpoenas," and that he couldn't "guarantee that [their] pardons won't be enjoined by the Ninth Circuit" since it "[a]lways happens." [NBC News] * In case you missed it, and we're pretty sure that's exactly what was intended here given the timing, President Trump submitted written answers to special counsel Robert Mueller's questions regarding Russian interference with the 2016 election. [Washington Post] * That's our Trumpy! He also wanted to order the Justice Department to prosecute his 2016 opponent Hillary Clinton and former FBI director James Comey, and reportedly only backed down when he heard he could be impeached. [New York Times] * Biglaw partners are leaving their firms to become judges, and it's because ex-White House counsel Don McGahn picked people just like him -- "traditional, conservative, blue-ribbon, white-shoe law firm lawyers" -- to fill vacancies. [American Lawyer] * Retired Justice Anthony Kennedy, a staunch defender of LGBT rights who helped keep a woman's right to choose legal, will receive a Lifetime Achievement Award from the American Lawyer next month. Congratulations, Your Honor! [American Lawyer] * Seattle University School of Law has suspended its externship program with ICE after students signed a petition stating that the agency goes against the school's mission to "empower[] leaders for a just and humane world." [Seattle Times]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.16.18

* After delaying the decision, Judge Tim Kelly will be releasing his ruling in CNN's First Amendment case at 10 a.m. Is it lawful to revoke a reporter's press pass after an argument with the president? We'll soon find out. [USA Today] * "[W]e’re not going to leave any judges behind over these next two months." According to Senator Tom Cotton, the Senate is apparently planning to work through Christmas and New Year's Eve to confirm all of President Trump's judicial nominees in an effort to head off any obstruction by the Democrats. [Washington Times] * "I’m not trying to be rude. I can see your résumé. You’re a rock star." Despite her strong résumé, Allison Jones Rushing, the 36-year-old Fourth Circuit nominee, was repeatedly questioned by the Judiciary Committee about her "life experience" -- or lack thereof, since she graduated from law school 11 years ago. [National Law Journal] * What is David Boies planning for his next act? Is retirement on the table? He and the other name partners at Boies Schiller Flexner have apparently "been planning succession for 15 years." He said if he retired today, "the firm would be in good shape," but he thinks he "still [has] some things to contribute." [New York Law Journal] * Stormy Daniels says that while the "serious and obviously very troubling" domestic violence allegations against her lawyer Michael Avenatti are "only allegations" and that she'll "reserve judgement" [sic] until the investigation ends, she'll be "seeking new representation" if it turns out that the allegations are true. [New York Magazine]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 10.21.18

* Orin Kerr offers his thoughts on the Allison Jones Rushing controversy (aka how young is too young to be a federal judge). [Reason / Volokh Conspiracy] * If President Trump and Senate Republicans are packing the courts with conservatives, then it's time for Democrats to pack back, according to Michael Klarman. [Take Care] * Howard Wasserman offers some insights into the recent dismissal of Stormy Daniels's defamation lawsuit against Trump. [PrawfsBlawg] * And while we're on the subject of media law, Gerard Magliocca has an interesting observation about Justice Ruth Bader Ginsburg and the right of publicity. [Concurring Opinions] * Speaking of RBG, Jonathan Adler argues that she could learn a thing or two from her newest colleague, Justice Brett Kavanaugh, when it comes to hiring law clerks. [Bench Memos / National Review] * Joel Cohen raises an intriguing question about prosecutors: to what degree are they required to fight their own biases? [New York Law Journal]

By David Lat
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
Morning Docket

Morning Docket: 09.26.18

* The Senate Judiciary Committee has hired an outside counsel who's an expert in sex crimes prosecution to question Supreme Court nominee Judge Brett Kavanaugh and Dr. Christine Blasey Ford. She'll be doing the bidding of Republican senators, while Democratic senators will do their own questioning. [CNN] * That same SJC will vote on Kavanaugh's SCOTUS nomination the very next day, less than 24 hours after Dr. Ford's testimony concerning allegations that the judge sexually assaulted her. Everyone must be looking forward to the show hearing even more now. [POLITICO] * But if Kavanaugh's nomination somehow gets Borked or withdrawn on or before Friday, you better believe that he could face disciplinary action when he returns to his seat on the D.C. Circuit. A complaint has already been filed, but most are "dismissed fairly promptly." Let's see what happens. [Big Law Business] * Should he stay or should he go now? Sources say Deputy AG Rod Rosenstein has no plans to quit and President Donald Trump's advisers say he'd be willing to keep the DOJ's second in command on the job. "The president is genuinely conflicted," but no one knows if his urge to say "You're Fired!" will be too great. [Wall Street Journal] * Say hello to the China 45, a ranking of Chinese law firms with the highest gross revenue, revenue per lawyer, and profits per equity partner for the prior calendar year. When it comes to the firms with the biggest financial footprints, only one "American" Biglaw shop made the cut. Take a wild guess on which one it was. [American Lawyer]

By Staci Zaretsky