Second Amendment

At least on a common-sense gun issue.

This is a deeply unserious jurist.

[The Masses] are neither good conductors of the political, nor good conductors of the social, nor good conductors of meaning in general. - Jean Baudrillard

I'm going to go out on a limb here and assume Kavanaugh will be in favor of overturning the prohibiting laws.

In an era that has seen extraordinary decreases in rates of gun violence, California’s attempt to criminalize magazines that come standard on many guns has failed.  

A lot of work remains in regard to viewing black gun ownership in a positive light, or even just a neutral light.

The First and Second Amendments are killing us.

People trying to regulate guns simply aren't bold enough.

* Accused sex trafficker Jeffrey Epstein, who’d reportedly been taken off suicide watch, died by suicide this weekend as he awaited trial. AG Bill Barr is “appalled,” and has called for an investigation into the circumstances of Epstein’s death. [New York Times]

* In light of Epstein’s death, his victims want prosecutors to turn their sights upon Ghislaine Maxwell, who has been described as the financier’s “protector and procurer, his girlfriend and his madam.” [Washington Post]

* Will the Supreme Court be able to delay hearing cases about expanding Second Amendment rights considering the fact that this country has quite the problem with mass shootings? Not too hopeful here. [USA Today]

* Joel Sanders, defunct firm Dewey’s former CFO, wants his criminal conviction to be tossed out and his $1 million fine to be vacated with it. [New York Law Journal]

* So much for those Biglaw raises… According to a report recently published by the ABA, lawyers’ wages have been pretty stagnant, growing slower than inflation from 2017 to 2018. [Big Law Business]

Gorsuch and Kavanaugh are just the tip of spear in the Republican attempt to protect gun violence for a generation.

* “Trump is screaming. He’s so mad at Rudy.” After yet another botched interview, President Trump is reportedly “furious” with Rudy Giuliani, and word on the street is that he’s being told to dump the former New York mayor before any additional damage can be done. Best of luck, because he very obviously needs it. [Vanity Fair]

* Justice will prevail… at least until the end of the month: The federal judiciary is still clinging to life amid the government shutdown, and the Administrative Office of the U.S. Courts just announced its final funding extension to continue operations through January 31. [National Law Journal]

* The Supreme Court’s conservative wind just low-key alerted the nation that big changes could be on the way by deciding to hear a Second Amendment case for the first time since 2010. Will the high court swing further to the right now that its perennial swing justice has retired? [Washington Post]

* Stormy Daniels’s lawsuit against President Trump could be tossed out of court because there no longer seems to be a case. “They admitted what we said all along,” ATL’s 2018 Lawyer of the Year Michael Avenatti said. “So any attempt by anyone to claim that this is not a victory for Stormy Daniels is completely bogus and nonsense and dishonest.” [TIME]

* The ABA’s House of Delegates will reconsider a 75 percent bar pass rate within two years of graduation for law schools to maintain their accreditation. This time around, the proposal could actually pass. Stay tuned, because the effort to push through a stronger bar pass standard will be taken up this coming Monday. [Law.com]

* Congratulations to Chief Judge Stephen Dillard (@JudgeDillard) of the Georgia Court of Appeals, who was recently named as the state’s Twitter laureate. Just as you take judicial notice of my birthday each year, I take editorial notice of your constant kindness. Thank you for being you! [Daily Report]

I believe we have to start referring to the Second Amendment as the Вторая Поправка.

This would be funny, if it weren’t so sad... and scary as hell.

* Amy Howe has highlights from Judge Brett Kavanaugh’s completed questionnaire for the Senate Judiciary Committee — including the five different law firms where he worked as a summer associate. [SCOTUSblog]

* Despite Judge Kavanaugh’s impeccable qualifications, the battle to confirm him to the Supreme Court will be hard-fought — and Adam Feldman explains why. [Empirical SCOTUS]

* In other nominations news, Veronica “Ronnye” Stidvent, a prominent Latina lawyer, comes to the defense of Ryan Bounds, whose Ninth Circuit nomination was defeated last week. [Oregonian]

* Does the failure of the Bounds nomination spell trouble for the Kavanaugh nomination? Here are some thoughts from Elizabeth Slattery and me. [SCOTUS 101 / Heritage Foundation]

* Had he been confirmed, Ryan Bounds would have replaced his (and my) former boss, Judge Diarmuid F. O’Scannlain — who just penned a landmark Second Amendment opinion, Young v. Hawaii, that could very well wind up before SCOTUS (and allow the Court to settle a circuit spit). [Volokh Conspiracy / Reason]

* Speaking of the Ninth Circuit, Chris Walker has some concerns about the late Judge Stephen Reinhardt casting the deciding vote in an important tax law case, some four months after his passing. [Notice & Comment / Yale Journal on Regulation]

* Why is the internet such a cesspool today? Media lawyer Charles Glasser identifies five factors behind the decline (and gives a shoutout to Above the Law’s dearly departed comments section). [Daily Caller]

* Elsewhere in the First Amendment world, Joel Cohen and Dale Degenshein argue that it should be easier for parties to have documents sealed in litigation. [The Hill]

* If you appreciate the dying art that is the book review, check out Alice Lloyd’s beautifully written review of Robert Anthony Siegel’s Criminals: My Family’s Life on Both Sides of the Law (affiliate link), which paints a portrait of his father, Stanley Siegel — “a big-hearted and brilliant,” but deeply troubled criminal defense lawyer. [Weekly Standard]

* Which lawyers and law firms scored the most SCOTUS arguments this Term? Adam Feldman has the tally. [Empirical SCOTUS]

* And speaking of the Supreme Court, what can lawyers learn from linguists about Heller and the Second Amendment? [LAWnLinguistics]

* Adam Kolber discusses the phenomenon of “judicial bulls**t” — and wonders whether the justices would fail Philosophy 101. [Daily Journal via PrawfsBlawg]

* Are Justice Neil Gorsuch’s long-winded concurrences contributing to the Supreme Court slowdown this Term? Andrew Hamm crunches some numbers. [SCOTUSblog]

* Many of the major precedents in the school free-speech context feature liberal students — but conservative kids can play this game too. [Volokh Conspiracy / Reason]

* Lex Machina’s latest foray into litigation analytics covers the world of trade secrets. [Dewey B Strategic]

* Relativity: not just for ediscovery anymore. [Artificial Lawyer]

He called the Second Amendment 'a relic of the 18th century.'

Law students plan trip to the gun range in epic display of poor taste.

We need an amendment to restrain the Constitution's violent nature.

You can't count on the Supreme Court to be originalist when it comes to the Second Amendment.

The NRA hopes you fell asleep during Admin Law.