Filibuster

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
Non-Sequiturs

Non-Sequiturs: 04.06.17

* Every question you ever had about dead alligator permits. [Everyday Should be Saturday] * Remember when filibusters used to be a thing? They were glorious and noble and they live on in movies and TV. [Slate] * The legal battle over President James Polk's remains. [Pictorial] * Want some awful ideas for team building at your firm's next event? Don't say I never did nothing for ya. [Bitter Empire] * Excellent news for same-sex couples in Japan. [Mashable] * How do you make a legal comeback? [Law and More]

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 04.05.17

* Closer, but still not equal pay. (Yes, that still matters because we aren't idiot goldfish who can't possibly concentrate on more than one sh*tty thing that's happening at a time.) [Deadspin] * Neil Gorsuch's writing deserves an F. [Law and More] * Is there really an upside to the nuclear option for Democrats? [Slate] * Because it might turn out to bite Republicans in the ass. [Huffington Post] * The differences between this SCOTUS confirmation process and others. [Empirical SCOTUS] * So, you've started your own law firm. Great! But now you have to hire your first employee... [Reboot Your Law Practice]

By Kathryn Rubino
Morning Docket

Morning Docket: 04.05.17

* Talk about an alleged fashion faux pas! LuLaRoe, the maker of the "buttery-soft" leggings that have taken the internet by storm, is facing a class-action lawsuit over the quality of the company's leggings. Plaintiffs claim that the leggings as "tear[] as easily as wet toilet paper." LuLaRoe, of course, has stated that the allegations are "completely without merit." [BuzzFeed] * "There's a reason they call it the nuclear option, and that is because there's fallout. And this fallout will be dangerously and perhaps disastrously radioactive for the Senate for years to come." Senate Majority Leader Mitch McConnell has set a vote to change Senate rules in order to confirm Supreme Court nominee Judge Neil Gorsuch. [Reuters] * In a landmark en banc decision, the Seventh Circuit reversed itself and ruled that the Civil Rights Act of 1964 protects LGBT employees from workplace discrimination on the basis of sexual orientation. This is not only the first time in history that a federal appellate court has come to this conclusion, but it also creates a split from a recent Eleventh Circuit opinion. This will likely be heard by the Supreme Court. [TIME] * Squire Patton Boggs has formed an alliance with Donald Trump's longtime personal attorney, Michael Cohen, who credits himself as the one who convinced the president to run for office. At this time, it's unclear what exactly Cohen will be doing for the firm, but he'll be working from the firm's offices in New York, London, and D.C. [WSJ Law Blog] * Dislike: Facebook must turn over digital information from almost 400 user accounts following its failed bid at the New York Court of Appeals to appeal a bulk warrant on privacy grounds. A lone judge dissented, bemoaning the fact that the high court punted on a case that could have disastrous effects on civil liberties. [New York Daily News]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 04.03.17

* This is how Neil Gorsuch has benefited from (a form of) affirmative action. [Washington Post] * Hate mandatory minimum sentences? The Supreme Court may have handed you a victory. [The Hill] * Hold onto your seats and get ready for a filibuster. [NPR] * Another sexual harassment lawsuit at Fox News. The attorney filing the suit calls them "the Bill Cosby of corporate America." [Huffington Post] * Can Elizabeth Warren un-learn talking like a lawyer? [Law and More] * Justice Thomas doesn't seem fully on board with civil forfeitures. [The Atlantic]

By Kathryn Rubino
Morning Docket

Morning Docket: 10.31.16

* The ABA Forum on Communications Law will publish First Amendment lawyer Susan Seager's Donald Trump "libel bully" article, despite its reservations about doing so -- reservations that resulted in a media firestorm. The ABA said the following: "Hopefully, this matter will shine a light on the problem of frivolous lawsuits that turn the justice system into a weapon that has a chilling effect on free speech." [ABA Journal] * Uh-oh! Following the abrupt departure of four of its senior partners, King & Wood Mallesons has opted to pause its partner recapitalization plan in order to reassess its financial footing. The firm believes it will take about four weeks to complete that process. "If I was a partner there I would be pretty worried," said a former partner. [Legal Week] * "I never thought that my restroom use would ever turn into any kind of national debate." The Supreme Court has taken up its first true transgender rights case. Many fear that the justices may return a 4-4 deadlock decision that will not create a nationwide precedent, but in that case, the Fourth Circuit's decision would be left in place. [Reuters] * "If these guys think they’re going to stonewall the filling of that vacancy..., then a Democratic Senate majority will say, 'We’re not going to let you thwart the law.'" Vice presidential candidate Tim Kaine says that should he and his running mate win the election, then his party will try to eliminate SCOTUS filibuster rules. [Huffington Post] * The Justice Department and "election year sensitivities": Some people are wondering why FBI Director James Comey decided to announce he'd essentially reopened the investigation into Hillary Clinton's emails -- but had he waited to disclose the information, the FBI's credibility could have been called into question. [WSJ Law Blog] * James Gilliland Jr., Kilpatrick Townsend & Stockton intellectual property litigation partner, RIP. We'll have more on his untimely death later today. [CBS San Francisco]

By Staci Zaretsky