
Replacing Justice Kennedy: A Legacy-Defining Achievement For President Trump
The ramifications of a Gorsuch-like conservative replacing a Kennedy swing vote would reverberate for a lifetime.
The ramifications of a Gorsuch-like conservative replacing a Kennedy swing vote would reverberate for a lifetime.
* Philadelphia District Attorney Seth Williams pleads guilty to accepting a bribe, ending his ongoing federal corruption trial and his tenure as DA -- and sending him straight to jail, since Judge Paul Diamond denied bail. [ABA Journal] * The Trump administration moves forward on implementing the travel ban (and has reversed its earlier determination that being engaged to marry an American doesn't count as "a bona fide" connection to this country). [New York Times] * Colorado baker Jack Phillips, petitioner in the Masterpiece Cakeshop case that the Supreme Court will hear next Term, explains his refusal to bake a cake for a same-sex wedding. [How Appealing] * DLA Piper, hit by a major ransomware attack earlier this week, endures its third consecutive day without email. [Law360] * And DLA isn't the only Biglaw firm with big weaknesses in cybersecurity, as Ian Lopez reports. [Law.com] * Lawyer turned television host Greta Van Susteren has been let go by MSNBC (after just six months). [Vanity Fair] * The tragic case of Charlie Gard comes to an end: the European Court of Human Rights declines to review prior court rulings refusing to let the terminally ill 10-month-old boy travel to the U.S. for experimental treatment. [Washington Post] * Drs. John Eastman and Sohan Dasgupta break down the Trinity Lutheran case. [Claremont Institute]
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* Very interesting piece by Mark Joseph Stern on Justice Neil M. Gorsuch's dissent in Pavan v. Smith (aka the "LGBT parents on birth certificates" case). It seems to me that Justice Gorsuch's statement is technically correct -- the Arkansas Department of Health (1) was okay with giving the named plaintiffs their birth certificates and (2) conceded that in the artificial-insemination context, gay couples can't be treated differently than straight couples (see the Arkansas Supreme Court opinion, footnote 1 and page 18) -- but it's either confusing, at best, or misleading and disingenuous, at worst (the view of Shannon Minter of the National Center for Lesbian Rights, counsel to the plaintiffs). [Slate] * Speaking of Justice Gorsuch, Adam Feldman makes some predictions about what we can expect from him in the future, based on his first few opinions. [Empirical SCOTUS] * Professor Rick Hasen has made up his mind on this: "Gorsuch is the new Scalia, just as Trump promised." [Los Angeles Times] * The VC welcomes a new co-conspirator: Professor Sai Prakash, a top scholar of constitutional law and executive power. [Volokh Conspiracy / Washington Post] * Now that Harvard Law School will accept GRE scores in lieu of LSAT scores, what do law school applicants need to know about the two tests? [Law School HQ] * And what do Snapchat users need to know about the app's new "Snap Map" feature? Cyberspace lawyer Drew Rossow flags potential privacy problems. [WFAA]
What do you call it when the law treats gay women worse than straight men, for no good reason? Unconstitutional.
* Federal investigators are delving into multimillion-dollar deals involving former Trump campaign manager Paul Manafort and his son-in-law, Jeffrey Yohai. [New York Times] * The Fifth Circuit lifts the injunction against H.B. 1523, Mississippi's notorious "religious freedom" law that many regard as antigay (but the court ruled on jurisdictional rather than gay-hating grounds). [Texas Lawyer] * In the wake of a mistrial in the criminal case against him, Bill Cosby plans to educate young men on how to avoid accusations of sexual assault. (My advice: don't commit sexual assault.) [New York Times] * The Fourth Circuit affirms almost all the convictions of ex-CIA officer in a leak case -- a potentially significant ruling if the Trump administration follows through on its threats to prosecute leakers. [How Appealing] * The Seventh Circuit declines to reinstate the conviction of Brendan Dassey, the defendant made famous by Making A Murderer. [ABA Journal] * Martin Shkreli, aka "Pharma Bro," is gearing up for trial -- and, for the record, he is "so innocent." [New York Times] * More disturbing news from my ancestral homeland of the Philippines, involving accusations that the police are shaking down families in distress as part of President Rodrigo Duterte's "war on drugs." [Washington Post]
* "Trump's Most Lasting Legacy? America's courts." [The Atlantic via How Appealing] * Speaking of the Supreme Court, which justice is most frequently first out of the gate when it comes to questioning at oral argument? Adam Feldman runs the numbers. [Empirical SCOTUS] * Floyd Abrams, celebrated First Amendment lawyer and author (affiliate link), laments the sad state of freedom of speech on college campuses today. [Concurring Opinions] * Well, this is interesting: DOJ Pride, the Justice Department's group for LGBT employees, will honor Gavin Grimm this year, as Chris Geidner reports. [BuzzFeed] * Former New York City Mayor Michael Bloomberg, who's not exactly a Donald Trump fan, thinks the Donald has a better than even chance of winning reelection in 2020. [Instapundit] * And he's not alone, as Ann Althouse's round-up of reactions to Jon Ossoff's failed congressional run suggests. [Althouse]
This situation should be a no-brainer after the Supreme Court's decision in Obergefell.
While gay marriage has been settled by SCOTUS, some states continue to fight the result.
* Judge Sheila Abdus-Salaam, the nation's first female Muslim judge and the first African-American woman to serve on New York's highest court, was found dead in the Hudson River. We'll have more on this later. [New York Daily News] * The Ukraine-related activities of former Trump campaign chairman Paul Manafort are under legal scrutiny -- and one of his daughters, lawyer Andrea Manafort, described some of her father's actions as "legally questionable." [New York Times] * Hawaii says "aloha" to the Ninth Circuit in its challenge to Trump Travel Ban 2.0 -- and seeks initial en banc review, bypassing a three-judge panel. [ABA Journal] * So the filibuster is now dead for SCOTUS nominees; are blue slips for lower-court nominees next? [Roll Call via How Appealing] * Melania Trump settles her defamation litigation with the Daily Mail, getting an apology, a retraction, coverage of her legal fees, and what her lawyer Charles Harder describes as "millions of dollars in damages." [New York Law Journal] * Biglaw firms aren't the only workplaces with gender pay gaps; it's an issue for in-house legal departments too, including Google's. [Corporate Counsel] * Seriously, North Carolina? After its half-hearted repeal of the "bathroom bill," three lawmakers in the state want to ban gay marriage. [WNCN] * Judge Janice Rogers Brown of the D.C. Circuit seems to be a fan of Justice Neil Gorsuch's views on Chevron deference. [Law.com] * And Justice Elena Kagan will be throwing a party to welcome Justice Gorsuch to the Court. [Washington Post via How Appealing]
These are interesting times for the LGBT rights movement.
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* 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]
This brilliant jurist is hipper than you might expect.
SCOTUS shortlisters and other luminaries of the federal judiciary duke it out in a landmark case.
An update on a lawyer who rose to Above the Law infamy in 2010.
If you are LGBT and want kids, it’s time to call your local ART attorney, as well as your tax lawyer.