
Republicans Angry ABA Rates Judges ‘Not Qualified,’ Not That President Nominates ‘Not Qualified’ Judges
The GOP rolls out its 'shoot the messenger' strategy, again.
The GOP rolls out its 'shoot the messenger' strategy, again.
* Okay, fine, whatever, the Trump administration is apparently going to look for a way to add a citizenship question to the 2020 Census. We're governing by tweet these days, and this is the latest information on this debacle. [Washington Post] * And it looks like the way President Trump is thinking of adding a citizenship question to the 2020 Census is through an executive order. The Justice Department has until this afternoon to straighten this out. [ABC News] * Nope, you still can't use money that was supposed to go to the Defense Department to build a border wall. The Ninth Circuit upheld an injunction on the use of these military funds just before the holiday. [Los Angeles Times] * Which Biglaw firms have received the most money from presidential candidates’ 2020 election campaigns? As you might have guessed, lawyers from Jones Day have gotten a lot to Republicans, and lawyers from Perkins Coie have gotten a lot to the Democrats. [National Law Journal] * Prosecutors have dropped the manslaughter charge filed against an Alabama woman who was five months pregnant and lost her unborn child after being shot in the stomach. Congratulations, Alabama! Way to be normal! [CBS News] * If you’re interested in going to law school, you should know that the average debt for the class of 2018 was pretty hefty at $115,481 — that’s $130,900 for private school graduates and $89,962 for public school graduates. Good luck paying it off! [Nerdwallet] * Matthew Benedict, a student at Buffalo Law, RIP. [New York Law Journal]
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* “Everyone in America counts in the census, and today’s decision means we all will.” The Justice Department has officially confirmed that in light of the Supreme Court’s recent decision, a citizenship question will not be added to the 2020 Census. [Washington Post] * Has Justice Ruth Bader Ginsburg handed off the high court’s liberal torch to Justice Elena Kagan? Based on the fact that the Notorious RBG assigned the dissent in the partisan gerrymandering case, it sure looks like it. [NPR] * Dozens of prominent Republicans plan to submit an amicus brief to the Supreme Court in support of a “common sense, textualist” ruling that the Civil Rights Act outlaws discrimination against LGBT people in the workplace. [New York Times] * Allen & Overy and O'Melveny & Myers are still in merger talks, but this has been going on for more than a year now and it seems like it's taking forever for anything to happen. [American Lawyer] * Michael Avenatti, the Lawyer of the Year accused of bank fraud and embezzlement, is refusing to give up his desktop, iPhone, and iPad passwords to federal prosecutors in New York. [Big Law Business]
Which law schools do you think came out on top of these lists?
College Republicans get really angry when they can't force people to do something.
The swamp is full of vipers.
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* Former Alabama Supreme Court Justice Roy Moore has won the Republican primary runoff election for the Senate seat that was once occupied by AG Jeff Sessions. Perhaps we can look forward to history repeating itself and Moore being twice suspended if he wins the special election. [New York Times] * Senate Republicans don't have the votes for the Graham-Cassidy effort to repeal Obamacare to pass, but not to worry, because they'll be back at it again soon via the 2019 budget reconciliation process, and next time, they're going to be transparent, hold committee hearings, and even consult Democrats. [CNN] * The Trump administration's Department of Homeland Security has refused to waive Jones Act shipping restrictions that are preventing Puerto Rico from getting the gasoline and supplies that are so desperately needed for the island's recovery efforts following Hurricane Maria. Senator John McCain is pissed, and says it's time to repeal the "archaic and burdensome" Act. [Reuters] * Freedom hangs in the balance for Making a Murderer's Brendan Dassey, whose case was heard before the full Seventh Circuit yesterday. According to court watchers, the judges seemed split, and we can't help but to wonder what Judge Richard Posner would have thought. [Milwaukee Journal-Sentinel] * Irell & Manella's Andrei Iancu, President Trump's pick to lead the U.S. Patent and Trademark Office, is awaiting confirmation. There's no better way to bide our time while we wait than to discuss the fact that he'd been pulling down a $4 million paycheck at the firm. We'll have more on this later. [Am Law Daily] * "How can you expect companies to do the right thing when you[r] agency has not?" U.S. Securities and Exchange Commission Chairman Jay Clayton is taking heat over the fact that his agency was hacked in 2016, but nothing was mentioned about it until last week. He's set a great example. [Big Law Business] * According to a recent study, no matter what women do, in most cases, they'll continue to earn less than men. The ban on asking employees about their salary history is doing nothing for women; in fact, they're being penalized for refusing to disclose their salaries, while men are being rewarded. [The Careerist]
Perhaps Judge Gorsuch wouldn't mind....
* The ABA has placed Arizona Summit Law School on probation for its poor bar exam passage rates and questionable admissions practices. How will this affect the school's affiliation with Bethune-Cookman University? Will the Department of Education strip the law school of access to the federal student loan program like what happened with Charlotte School of Law? We'll have more on this later today. [Arizona Republic] * More Democratic senators have announced their opposition to the confirmation of Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit, but the White House is calling for a "fair, up-or-down vote." Hmm, when the previous administration called for a hearing followed by a "fair, up-or-down vote" for Supreme Court nominee Judge Merrick Garland of the D.C. Circuit, the request went completely ignored. [Reuters] * The Eastern District of Texas is home to more than 40 percent of all patent lawsuits, but the Supreme Court may decide to send patent trolls packing to other jurisdictions when it hands down its ruling in TC Heartland v. Kraft Foods. This case may not only resolve a Federal Circuit decision that's at odds with SCOTUS precedent, but it may bring forum shopping in patent cases to an end. [DealBook / New York Times] * As we mentioned previously, it was rumored that President Donald Trump would be nominating White House deputy counsel Makan Delrahim to lead the Justice Department's Antitrust Division. It looks like Trump finally decided to pull the trigger to elevate Delrahim to the position. He'll need to be confirmed by the Senate, which should be a relative breeze for him compared to other Trump nominees. [Law 360 (sub. req.)] * Eric Conn, a Social Security disability lawyer known as "Mr. Social Security," recently pleaded guilty to one count of theft of government money and one count of payment of gratuities in the largest Social Security fraud scheme in recent memory, submitting false medical paperwork and fake claims to the Social Security Administration to the tune of $550M. He earned himself more than $5.7M in fees as part of the scam. [WSJ Law Blog]
* "I’m guessing they have had a number of long days and potentially sleepless nights." The government lawyers behind the efforts to repeal the Affordable Care Act and replace it with the American Health Care Act have had a rough go of things. Who are they, which law schools did they attend, and which Biglaw firms did they work for before becoming Hill lawyers? [National Law Journal] * Don't forget about Merrick: A third of Democratic senators have pledged to vote against confirming Supreme Court nominee Judge Neil Gorsuch. At this time, it remains unclear as to whether there will be a united effort by Democrats to oppose his confirmation when the Senate Judiciary Committee votes on April 3. [Reuters] * Guess who isn't boycotting Hawaii? People who apparently have a vendetta against this federal jurist. Judge Derrick Watson of the District of Hawaii has been receiving death threats ever since he blocked President Donald Trump's revised travel ban on March 15. He is now receiving 24-hour protection from the U.S. Marshals Service. [The Hill] * The Second Circuit has upheld New York's ban on non-lawyers investing in law firms. Personal injury firm Jacoby & Meyers argued that the state's prohibition on non-lawyer investment violated lawyers' First Amendment right to associate with clients, but the court found that connection to be "simply too attenuated." [New York Law Journal] * Ithaca may be gorges, but it can't compete with the Big Apple with it comes to hands-on learning about issues dealing with cutting-edge tech. Cornell Law is launching a semester-long Program in Information and Technology Law at its Tech campus on Roosevelt Island in New York City that's slated to begin in Spring 2018. [WSJ Law Blog] * Judge Edward J. McManus, the longest serving of any incumbent judge in the United States (and third-longest servng in the history of the United States), RIP. [N.D. Iowa]
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This is really disheartening.
* Siding with prosecution and without explaining its reasoning, the Seventh Circuit has delayed the release of "Making a Murderer" subject Brendan Dassey, ordering that he remain incarcerated "pending the outcome of the appeal" in his case. Dassey's conviction was overturned in August; he was set to be released today. [Reuters] * According to some sources, we may have a full Supreme Court bench by the end of the current term, but at this point, it's really a matter of "who President Trump nominates and what kind of 'payback' the Democrats decide to exact for having lost the election and for the Senate’s having held up the Merrick Garland nomination." [Big Law Business] * For the first time, the ranking Republican and Democratic lawmakers leading the Senate Judiciary Committee will be non-lawyers. Senators Chuck Grassley and Dianne Feinstein will not only review judicial appointments, but they'll also have Department of Justice, FBI, and Department of Homeland Security oversight. [Wall Street Journal] * Rather than issuing a grant or denial, the ABA will continue to review the University of North Texas at Dallas College of Law's application for accreditation. What does this mean for the school's third-year students? The administration hopes the Texas Supreme Court will allow them to take the state bar exam in July 2017. [Dallas Business Journal] * "[University leadership] need to be ashamed of themselves. … [They showed a] total lack of consideration for the lives of the staff and faculty." People are pretty angry about the impending closure of Indiana Tech Law School, including its benefactors, and some of them want refunds. We may have more on this at a later time. [Indiana Lawyer]
Don't forget, President Obama knows a thing or two about the Constitution.
For just a taste of the kind of white men (and they will be, exclusively, white males) Trump will bring, take a look at who Scott Walker just appointed to the Wisconsin Supreme Court.
He hates regulations like Dodd-Frank, so he must be PSYCHED about his dad’s promise to bring back Glass-Steagall.