Supreme Court Nominees

Morning Docket

Morning Docket: 01.03.17

* Kellyanne Conway, President-elect Trump's campaign manager, has accepted a position as his counselor once his administration takes over at the White House, and now her husband, George Conway of Wachtell Lipton, has found himself on the shortlist to become the U.S. solicitor general. He's argued only one Supreme Court case, which is unusual for those being considered for the position. [Bloomberg Politics] * In his year-end report on the federal judiciary, Chief Justice John Roberts managed to steer clear of controversial topics -- such as the high court being short handed since Justice Scalia's death or the Senate's failure to confirm Judge Merrill Garland -- instead choosing to focus on the "underappreciated" role of district court judges, writing that "[t]his is no job for impulsive, timid, or inattentive souls." [Washington Post] * "There’s no legitimacy to a Supreme Court justice in a seat that’s been stolen from one administration and handed to another. We need to do everything we possibly can to block it." When it comes to the confirmation process for President-elect Trump's SCOTUS nominee, we can expect to see a battle thanks to Senate Democrats in the wake of Senate Republicans' obstruction of Judge Garland's nomination. [The Guardian] * One day before they were set to go into effect, Judge Reed O'Connor of the Northern District of Texas issued a nationwide injunction on the enforcement of the Affordable Care Act's protections for transgender and abortion-related healthcare services. O'Connor is the same judge who issued a nationwide injunction on the enforcement of the Obama administration's transgender protections in schools. [BuzzFeed] * Convicted Charleston church shooter Dylann Roof, who is representing himself for the penalty phase of his trial, has rejected a defense based on mental illness because he is "morally opposed to psychology." He'll make an opening statement, but won't call any witnesses or present any evidence. If Roof is sentenced to death, it will be the first time a jury has done so in a case involving a federal hate crimes law. [New York Times]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.28.16

* "In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally." President-elect Donald Trump can't keep himself away from his Twitter account thanks to the recount that's going on, and now he seems to have accidentally called into question the legitimacy of the election in its entirety. Oopsie! [New York Times] * Hillary Clinton's presidential campaign has jumped on Green Party presidential candidate Jill Stein's election recount bandwagon, but according to campaign general counsel Marc Elias, it's only "to ensure the process proceeds in a manner that is fair to all sides." Thus far, Wisconsin has already agreed to perform a recount. [CBS News] * Just like the president-elect who's included him on his Supreme Court shortlist, Judge Raymond M. Kethledge of the Sixth Circuit seems to be incredibly blunt. The judge expects civility between parties in briefs, but is well known for his "caustic rebuke[s]" and "eviscerat[ing] [litigants] like first-day law student[s]." [Big Law Business] * Per recent TV ads, "Wells Fargo is making changes to make things right," but only if those changes don't involve public court records: Wells Fargo customers who had unauthorized accounts opened in their names have filed a class-action suit, but the bank is trying to quash their claims by forcing plaintiffs into arbitration. [CNN Money] * "If you look at other parts of the state — Houston, Dallas, San Antonio — everybody has a law school." But that doesn't mean that everybody needs to have a law school. A dearth of potential applicants be damned, because lawmakers in the Texas Rio Grande Valley are going ahead with plans to establish a public law school in the area. [Valley Star]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.25.16

Ed. note: As mentioned on Wednesday, we will be publishing today, but at a reduced level. We'll be back in full force on Monday. Hope you had a great Thanksgiving! * President-elect Donald Trump will likely pick a lawyer as his nominee for Secretary of State: Rudy Giuliani (NYU Law '68) or Mitt Romney (Harvard Law '75). [New York Times] * Where do broken hearts go? Some precedents for Chief Judge Merrick Garland to follow from unsuccessful Supreme Court nominees. [Associated Press via How Appealing] * A pre-Thanksgiving ruling from the Florida Supreme Court that gave one prisoner something to be grateful for could signal more upheaval to come in the nation’s second largest death row. [BuzzFeed] * Three more judges participated in Pennsylvania's "Porngate" email exchanges -- but it seems that Bruce Beemer, the state's new attorney general, won't be naming names. [ABA Journal] * What does the future hold for the Consumer Financial Protection Bureau (CFPB) and its chief, Chicago Law grad and former SCOTUS clerk Richard Cordray? [New York Times] * It's not just a plot line from Suits: Reginald Taylor, accused of posing as a lawyer by stealing an attorney's bar number, apparently delivered decent results for his clients. [The Daily Beast] * Don't mess with (federal judges from) Texas, Mr. President; Judge Amos Mazzant, who blocked President Obama's proposed extension of overtime pay, isn't the first Lone Star jurist to cause problems for the Obama Administration. [New York Times via How Appealing] * Thinking of hitting the movies over the long weekend? Tony Mauro shares our own Harry Graff's enthusiasm for Loving. [National Law Journal]

By David Lat
Morning Docket

Morning Docket: 11.15.16

* A Wisconsin judge has ordered that Brendan Dassey, one of the subjects of "Making a Murderer," be freed from prison while the state appeals a ruling overturning his conviction, as authorities have "failed to demonstrate that Dassey represents a present danger to the community." The date of his release is not yet known, but the state plans to file another appeal. [USA Today] * "If you have baseball commissioner to offer me, then I can tell you what my plans are." Securities and Exchange Commission Chair Mary Jo White is stepping down from her position even though she still has two years left before her term is up. The departure of the former Debevoise partner and federal prosecutor will make way for President-elect Donald Trump to start dismantling the Dodd-Frank Act. [DealBook / New York Times] * For a man who seems to be completely obsessed with all things tremendous, big league, great, and yuge, the vast majority of the judges on President-elect Trump's Supreme Court shortlist have at least one thing in common: They didn't go to Ivy League law schools. That being said, just like his outsider campaign as a whole, the names on Trump's Supreme Court pick list are a "revolt against the elites." [New York Times] * While he was still on the campaign trail, President-elect Trump pledged to "open up our libel laws" so celebrities and public officials can "sue [the media] and win lots of money," but it might not be so easy to do. The Supreme Court doesn't seem to have any designs on overturning the precedent set in New York Times v. Sullivan, and the only other way to change libel laws would be to amend the Constitution. [WSJ Law Blog] * Chadbourne & Parke has filed a motion for summary judgment in the $100 million gender discrimination class-action suit filed by one of its current partners and one of its former partners, contending that not only are their claims "utterly baseless," but that the plaintiff partners are not or were not employees of the firm who fall under employment discrimination laws. We'll have more on this news later today. [Big Law Business]

By Staci Zaretsky