SCOTUS

Morning Docket

Morning Docket: 03.09.16

* According to a statement filed in court by 50 Cent, the cash the bankrupt rapper has been flashing in all of his Instagram photos isn't real. He claims the bills he was posing with were just props. Unfortunately, it seems that Fiddy is a wanksta, so he really needs to stop fronting. [Hartford Courant] * Not that she was a likely choice to begin with, but AG Loretta Lynch says that a Supreme Court nomination would "curtail her effectiveness in her current role," and has graciously asked that she not be considered for the vacancy left by Justice Antonin Scalia. [Associated Press] * "I am very concerned about the harm caused to the law school, our students, and our alums by the inaccurate info being put out there." Dean Michael Schwartz of Arkansas School of Law (Little Rock) seems worried about Professor Robert Steinbuch's FOIA lawsuit seeking access to the school's admissions data. Wonder why... [Campus Reform] * From the Big House to the White House: more ex-convicts are heading to law school and successfully starting their lives anew. Christopher Poulos, for example, used to be a cocaine dealer who did time in federal prison, but he recently completed an internship with the White House Office of National Drug Control Policy. [Washington Post] * "I never had a problem with the article. My problem is the videotape. It's on the Internet. It lives forever." Hulk Hogan (aka Terry Bollea) took the stand yesterday in his invasion-of-privacy case against Gawker, and his testimony became "extremely explicit" as his sex life and sex organs were discussed at length and in detail. [USA Today]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.08.16

* NYU Law's Ricky Revesz writes about the tragic flaw in the Clean Air Act and its deadly consequences. [Not Your Grandfather's Coal Plant] * Wisconsin Supreme Court Justice Rebecca Bradley said some incredibly offensive sh*t in college that she now says she's grown out of. [Gawker] * Way harsh: Florida paper refuses to endorse any Republican for president saying, "[T]he kind of person who should be running is not in the race." [Sun-Sentinel] * Some concrete suggestions to improve the transparency of courts. The article is geared towards Maryland's court system, but is a useful read for anyone who cares about justice. [Baltimore Sun] * Justice Scalia's death is the end of the conservative era of the Supreme Court. [Slate] * A putative class action has been filed over the water crisis in Flint. You can't say that was unexpected. [The Hill]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.08.16

* This peeping Tom better have a big bankroll: A jury awarded sportscaster Erin Andrews $55 million in her case against a stalker who recorded unauthorized nude videos of her in a hotel. Defense attorneys seem peeved that she won since her "career skyrocketed" and wasn't completely destroyed by the incident. [NBC News] * "[W]e are sort of reaching the height of the most frustrating part of this process for those of you who are trying to cover it." Even if the judges purportedly being vetted for a Supreme Court nomination had visited the White House to speak with President Obama, the public would never know it thanks to the strict secrecy protocols involved. [CNN] * Despite the fact that most Supreme Court justices don't themselves read the numerous amicus curiae briefs filed in support of the cases being heard before the high court, according to a new study, it takes an "amicus machine" -- including amicus wranglers and whisperers -- and a lot of hard work to get them into shape. [New York Times] * Uh-oh... some 4-4 ideological splits may be in our future this Term. In the wake of Justice Scalia's death, Justice Alito and Justice Thomas seem to have decided to team up to stabilize the Supreme Court's conservative wing, joining in each other's dissents from the majority's unsigned opinions in otherwise routine matters. [WSJ Law Blog] * February may have been a great month for those with Leap Day birthdays, but it was pretty terrible for the legal profession. Per the latest Bureau of Labor Statistics figures, 1,500 jobs were lost last month. In other news, we've not yet fully recovered from the recession in terms of employment numbers. [Big Law Business / Bloomberg BNA]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.07.16

* Shocking, Donald Trump is being hypocritical about something. This time it's over immigration, so maybe these lies will finally break through to Trump's low-education supporters who are voting against their interests due to xenophobic fears over their jobs moving abroad. [Bloomberg Politics] * Check out the financial disclosures of the potential SCOTUS nominees that have been floated thus far. [Fix the Court] * Common sense: consumer-owned drones should not be armed. Unfortunately, it isn't really against the law. And the one state that is trying to ban them may be breaking federal law. [Slate] * Trent Lott is breaking with the GOP leadership over whether President Obama's eventual Supreme Court nominee deserves a hearing. [CNN] * Church and state: yes, they are supposed to be separate. Even at the VA. [Huffington Post] * Absolutely, positively the worst boss ever. [Lowering the Bar]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.07.16

* "I've taught immigration law literally to 3-year-olds and 4-year-olds." Immigration Judge Jack H. Weil seems to think that children facing deportation don't need court-appointed attorneys because they're perfectly capable of representing themselves. We'll have more on this later. [Washington Post] * "[T]his will be the first time a law school will be on trial to defend its public employment figures." It's taken five years, but Anna Alaburda will finally get to face off in court against Thomas Jefferson School of Law. Soon we'll find out if the word "allegedly" can stop being used as a prefix for the school's allegedly deceptive job statistics. [DealBook / New York Times] * If President Obama nominates Judge Jane Kelly of the Eighth Circuit for a seat on SCOTUS, then Sen. Chuck Grassley (R-IA) of the Senate Judiciary Committee could be in a pickle. Would Kelly, a longtime Iowa public defender, be refused a hearing even though Grassley supported her when she was appointed in 2013? [Des Moines Register] * The Alabama Supreme Court begrudgingly dismissed suits filed by conservative groups seeking a ruling declaring that the state's anti-gay marriage laws were still in effect, despite the SCOTUS decision in Obergefell. In a concurrence at odds with reality, Chief Justice Roy Moore held fast to his belief that the state's law was still intact. [AL.com] * As we mentioned previously, the American Bar Association will vote on a change to its bar passage rate rules for law schools. Schools notorious for their bar passage problems better hold onto their hats if this proposal is passed, because their accreditation may quickly turn out to be like their graduates' job prospects: nonexistent. [WSJ Law Blog]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.04.16

* Perhaps this means the return of cool Hillary. [The Slot] * Yes, you can laugh at the Supreme Court. [Bloomberg View] * Deflategate oral arguments happened. Prognosticators are prognosticating that Tom Brady may indeed have to sit out some games. [Lawyers, Guns and Money] * Yeaaaah, you aren't supposed to do that. Lab tech faked results, and now 2,100 criminal convictions are up for review due to the impropriety. [NJ.com] * Multitasking -- and not looking like an ass in the process -- is a real art form. [Daily Lawyer Tips] * Why is no one talking about how progressive Hillary's tax plan really is? [Slate] * Yeah, Donald Trump is still TOTALLY into war crimes. [Huffington Post]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.03.16

* Polsinelli has gutted Novak Druce by hiring away 44 lawyers from the firm in a mass lateral move, including two of its name partners. The suffering IP boutique will shutter its doors and wind down its legal practice for good. [Big Law Business / Bloomberg BNA] * A source says that Judge Jane Kelly of the Eighth Circuit is being vetted as a potential nominee to replace Justice Antonin Scalia on the Supreme Court. The Iowa judge could make Senate Republicans squirm since she was confirmed unanimously just three years ago. [New York Times] * "You're making a commitment that has very little room for escape." Kirkland & Ellis increased its notice period to 120 days, and partners are wondering whether other firms will follow suit and make it even harder for them to leave. [Crain's Chicago Business] * SCOTUS watchers say the justices appeared "deeply divided" during oral arguments in the Whole Woman's Health case, but some think Justice Kennedy may decide to punt it -- perhaps giving time for Justice Scalia's replacement to be confirmed. [USA Today] * Attention sports fans: The NFL's Hail Mary appeal of the Deflategate case will be heard by a three-judge panel of the Second Circuit today. At an estimated $20 million total, the legal bill on this action could be one for the Pro Football Hall of Fame. [WSJ Law Blog] * Louisiana is a state with notoriously harsh punishments for marijuana-related crimes, but it may be considering legalizing weed for recreational use. Dealing drugs seems like it'd be a quick and easy way for the state to get out of its $850M debt. [Daily Beast]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.02.16

* This is why we call her notorious: RBG pummeling the attorneys defending Texas’s restrictive anti-choice law in oral arguments. [Slate] * "How dumb is it legally for a celebrity to tweet while in the middle of a lawsuit?" Very, very dumb. Next question. [Jezebel] * Breaking down the political biases of legal scholarship. [Tax Law Prof] * Law student complains about how terrible law students are. At least he doesn’t exclude himself from his rant. [Legal Cheek] * How are new lawyers (or those making a career switch) supposed to develop their own practice? Tips for making your practice work in this economy. [Reboot Your Law Practice] * Thinking like a lawyer: you might get free stuff, but you’ll also get a serving of guilt with that. [Law and More] * What to do when your client falls asleep at court. Great story all the way around. [Law and Disorder] https://www.youtube.com/watch?v=PUcNeNBRUsQ

By Kathryn Rubino
Morning Docket

Morning Docket: 03.02.16

* WHATCHA GONNA DO, BROTHER, WHEN HULKAMANIA SELECTS A JURY TO RUN WILD ON YOU?!?! Jury selection has started in Hulk Hogan's $100M sex-tape case against Gawker. The trial begins next week, and if he wins, his 24-inch pythons could put the site out of business. [New York Post] * President Obama met with Senate leaders yesterday to talk about his impending Supreme Court nomination, and the Republicans present held steady in their adamant refusal to hold hearings or vote on any of his prospective candidates. After all, President Trump's 2017 nominee will obviously be a far greater choice. [The Hill] * "They're just normal people. They weren't always judges." Being a federal judge with a lifetime appointment may be a "surprisingly monastic existence" at times, but the fact of the matter is that our Supreme Court justices are really just like us. Off the bench, some of them are social butterflies, and others are complete hermits. [Washington Post] * According to a recent study on federal law clerks, "judges appointed by Republicans are more likely to hire clerks who come from the left-side of the ideological spectrum," but that's likely because the pickings are slim when it comes to conservative clerks. Top law school grads tend to lean liberal, so the applicant pool is a bit skewed. [WSJ Law Blog] * K&L Gates is leaking partners, practice leaders, and executive committee members like a sieve once again, but Peter Kalis, the firm's usually outspoken chairman, hasn't said a peep about the departures yet. What's going on at the firm? If you have any information, please feel free to email us or text us (646-820-8477). [Big Law Business / Bloomberg]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.01.16

* It really isn’t okay that there are children that go hungry. Harvard Law student Thomas Tobin knows there is something that can be done to alleviate the problem. [Arkansas Online] * The Supreme Court rejected requests for expedited audio in today’s two big cases: Whole Woman’s Health v. Hellerstedt and U.S. v. Texas. When are we going to be able to force them to put cameras in there and be done with it? [Fix the Court] * Are the lawyers to blame for the giant Sharp / Foxconn deal falling through at the last second? And what can be done to salvage it? The clock is ticking and stock prices are falling. [Quartz] * Remember a few months ago when Republican governors were all butthurt about Syrian refugees? U.S. District Court Judge Tanya Walton Pratt ruled Indiana Governor Mike Pence was way outta line about the whole mess. [Wonkette] * The EEOC is going after employers that discriminate on the basis of sexuality, saying such actions are banned under Title VII of the Civil Rights Act. About time. [Buzzfeed] * Looking back at one of the worst Supreme Court decisions of all time to understand how important filling Justice Scalia’s seat really is. [Huffington Post] * A Sikh officer in the Army is suing, complaining his religious observations have subjected him to increased testing. [New York Times] * For those of you who missed last week's event at NYU Law, here's video from "Love, Law, and... Clerkships," featuring Professor Barry Friedman, Judge Alison Nathan (S.D.N.Y.), and our very own David Lat. [YouTube] https://www.youtube.com/watch?v=vjX6wLQmMIM&index=1&list=PLBC7DDA1DA3578169

By Kathryn Rubino