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In effect, the pornography purveyors have developed a new business model using the court system to extort money from individuals who are merely identified by IP address and with no proof whatsoever that they downloaded copyrighted materials from the Internet . . .
Findlaw: Law firms have long been the training ground for new attorneys while in-house positions are generally for associates with several years of experience. The rationale is that new graduates don’t have the practical skills to dive into legal practice. In-house counsel don’t have time to provide training on both how to be corporate counsel AND how to practice corporate law. But that problem might be solved as more law schools focus on practical coursework.
EdWeek: Legal analysts say that part of the U.S. Supreme Court decision on the federal health-care law will encourage states to challenge education laws and other federal aid programs and legislation passed under Congress’ spending power, a pivotal aspect of the historic ruling.
Christian Post: “Our mission remains the same – defending religious liberty, the sanctity of life, and marriage and family. Only our name has changed,” explained ADF President, CEO, and General Counsel Alan Sears in a press release. “The change is to help more people easily understand the work that we do and why it matters.”
National Law Journal: The school plans what administrators said will be the first Ph.D. in Law. The program is designed for students holding a J.D. from a U.S. law school who want to teach law. Students will spend three years learning how to produce scholarly research and writing; will take teaching classes; and will teach courses themselves.
ill the Health Care Cases Cause Liberals and Conservatives to Switch Positions on the Role of the Supreme Court?
Orin Kerr at the Volokh Conspiracy: There are two basic positions in the American legal tradition about the power of courts to strike down legislative acts. The first position envisions the power of judicial review as an unambiguously positive thing. It is a Constitution we are interpreting, and we should strive to get it right. If that means that statutes must be struck down, then good: It means that the wayward legislature has strayed from fundamental law, and we are lucky that the wise judges can keep the other branches in check. The ideal judge should try to get it right, based on whatever understanding they have of what the Constitution truly means.
Voteview Blog: In a recent interview with NPR, Judge Richard Posner said that changes in the contemporary Republican Party has made him “less conservative.” Below, we use DW-NOMINATE Common Space scores to plot Judge Posner’s ideological location compared to the parties in Congress over the last forty years (the 92nd, 102nd, and current 112th Congresses). This is possible thanks to the work of Lee Epstein, Andrew D. Martin, Jeffrey A. Segal and Chad Westerland, who have developed Judicial Common Space scores (JCS): estimates of the positions of justices and judges along the liberal-conservative ideological dimension which are directly comparable to DW-NOMINATE Common Space scores for members of Congress and presidents.
Joel Alicea at Public Discourse: Judicial restraint used to mean that a judge should bend over backwards to avoid striking down a law, and this view was once widely held within the conservative legal community. But this idea has long since faded from the scene, and judicial restraint is less likely to be thought of by today’s legal conservatives as coinciding with judicial nonintervention. How many statutes the Court strikes down is simply beside the point for today’s legal conservative; the question is why the Court struck down the statutes that it did.
Clint Bolick at the Wall Street Journal: The court now is composed of three solid conservatives and four solid liberals, with Chief Justice Roberts and Justice Kennedy leaning conservative. Even that mixture makes the current court the most conservative in nearly a century. But it also means that the replacement of a single conservative justice by President Obama in a second term would turn the court sharply to the left.
Rasmussen: In 1942, the U.S. Supreme Court ruled that the federal government could regulate how much wheat a farmer could grow on his own property for his own use.
Lyle Denniston at SCOTUS Blog: The precedent is considered to be fully binding even now by opponents of same-sex marriage, but of only limited impact — at most — by advocates of such marriages.
NJ.com: After his two most recent nominees for the state’s highest court were rejected by Democrats who control the Legislature, Gov. Chris Christie says he may be ready to try again with a new one as early as this month.
Plaintiffs operated an alcohol-selling nightclub in Spalding County, Georgia. Defendant Spalding County’s ordinances prohibit nude dancing where alcohol is sold. Plaintiffs sued, challenging the constitutionality of the ordinances and asserting claims for malicious arrest and malicious prosecution.
AP: U.S. District Judge Daniel P. Jordan III temporarily blocked the new law that, if enforced, could shut down the state’s only abortion clinic.
Ronald Dworking at NY Review of Books: Recent polls have shown that the American public has become increasingly convinced, by the drum-roll of 5-4 decisions reflecting a consistent ideological split, that the Supreme Court is not really a court of law but just another political institution to be accorded no more respect than other such institutions. Roberts, as Chief Justice, must feel threatened by this phenomenon; the Chief Justice is meant to be a judicial statesman as well as a judge, and it is part of his responsibility to maintain public respect for the Court for being above politics. Perhaps he thought it wise, all things considered, to take the occasion of an extraordinarily publicized case to strike a posture of judicial reticence by deciding contrary to his own evident political convictions.
The Daily Caller: Attorney General Eric Holder could lose his license to practice law in the District of Columbia, or face some other penalty from the D.C. Bar, now that he has been found in criminal and civil contempt of Congress.
Ken Klukowski at Breitbart.com: Few outside of Republican circles knew him in 1994, or the new organization he was launching to fight back against leftists and secularists, and provide a conservative answer to the ACLU. Now Alan Sears is the CEO of a massive national network of thousands of Christian attorneys, which today has changed its name to the Alliance Defending Freedom—known nationwide in legal circles by its initials, ADF.
David Kopel at SCOTUS Blog: I may be a law professor by vocation, but the bar review is in my blood. My parents, Jerry and Dolores Kopel, founded and for over a quarter-century directed the Colorado Bar Refresher (now part of the BAR/BRI empire). So let’s take a look at the concrete legal rules that have emerged from NFIB v. Sebelius, as they might be presented in a bar review outline, or perhaps in a little more depth in a student study aid for Constitutional Law I.
Lyle Denniston at the SCOTUS Blog: Ordinarily, this blog does not deal in ”scoop” journalism, although we have been known to be first on some things. We focus more on what the Court does than on whether the Justices have good manners or like each other, or on what they do in their free time. Now and then, though, someone else’s “scoop” comes along, and seems to come from inside the Court — giving it apparent credibility — and appears to have the potential to affect the way the Justices actually work together. This post is about such a story.
C-Span (includes video): Reporters from some of the nation’s biggest newspapers and press services offer a behind-the-scenes look at the 2011-12 session of the U.S. Supreme Court. The D.C. Bar Section on Courts, Lawyers and the Administration of Justice hosts the panel discussion.
AP: Attorney General Eric Holder is charging that he’s become a “proxy” for Republican attacks against President Barack Obama in an election year.
CNSNews: “My perception is when you have a Democrat president there are litmus tests in their mind that they will know for an absolute ironclad fact that that person is going to vote the way they want them to vote,” Abbott said. “You know that Barack Obama knows exactly how Justice Kagan is going to vote and he wouldn’t have put her up there if she wasn’t going to vote that way,” he said. “If you go back to some presidents of the past, you see, it seems like a similar commitment was not there.”
Madison Courier: Joshua “Josh” Hershberger of the Madison firm Castor & Hershberger, P.C., was recently recognized by the Alliance Defense Fund, a national legal alliance dedicated to defending the First Amendment of the U.S. Constitution.
John Yoo at the Wall Street Journal: Some conservatives see a silver lining in the ObamaCare ruling. But it’s exactly the big-government disaster it appears to be.
William Saunders at Public Discourse: The lesson of Casey is that the nomination and confirmation of judges with a sound judicial philosophy is an essential foundation stone of a culture of life.
The HIll: CBS News says it has confirmed that Supreme Court Chief Justice John Roberts changed his vote in the court’s landmark healthcare case. | How Appealing links to more reports. | Volokh Conspiracy: CBS: Roberts Switched His Vote From Invalidating the Mandate to Upholding It
Rasmussen: A week ago, 36% said the court was doing a good or an excellent job. That’s down to 33% today. However, the big change is a rise in negative perceptions. Today, 28% say the Supreme Court is doing a poor job. That’s up 11 points over the past week.
Hawaii Reporter: Former Lt. Gov. James “Duke” Aiona will emcee the event, that also includes an extensive array of speakers, including Very Rev. Gary Secor (Vicar General from the Roman Catholic Diocese), Kahu Curt Kekuna (Kawaihao Church), Pastor Kuna Sepulveda (Word of Life Christian Center), Pastor Kelekona Bishaws (Real Life Christian Center), Dr. Russell Stewark (The Ark Christian Center), Jerry Coffee (Hanoi Hilton Survivor), Jim Hochberg (local Alliance Defense Fund attorney), Frtiz Rohlfing (Attorney and member of the LDS, Brad Dacus (founder of the Pacific Justice Institute), and Steven H. Aden (Alliance Defense Fund, Senior Legal Counsel).
ABC (includes video): “It’s a penalty, because you have a choice. You don’t have a choice to pay your taxes, right?” Carney told reporters aboard Air Force One. President Barack Obama was on his way to Colorado to view the response to the worst wildfires in the state’s history.
In this study, we construct demographic models of retirement and death in office of U.S. Supreme Court justices, a group that has gained demographic notice, evaded demographic analysis, and is said to diverge from expected retirement patterns.
AP: Responding to a question about his summer break, Roberts said he planned to teach a class for two weeks in Malta, the Mediterranean island nation. “Malta, as you know, is an impregnable island fortress.” . . .
Wall Street Journal: ‘Judicial tax-writing is particularly troubling. Taxes have never been popular, see, e.g., Stamp Act of 1765.’
Amy Howe: There are three denials in the media ownership cases, which had been held pending the FCC v. Fox decision . . . There are four denials in the other health care cases, including the Seven-Sky case out of the D.C. Circuit (which, among other things, argued that the ACA was a violation of religious liberty). The Fourth Circuit cases were also denied, as was the one out of the Sixth . . . Sorry — five denials altogether. Two from the Sixth Circuit as well as the Fourth Circuit were denied in addition to Seven-Sky.
Washington Times: Despite voting to hold Attorney General Eric H. Holder Jr. in contempt of Congress, there’s little House Republicans can do in the short term to compel him to turn over documents — unless it wanted to revisit a long-dormant power and arrest him.
Erick Erickson at Human Events: Having gone through the opinion, I am not going to beat up on John Roberts. I am disappointed, but I want to make a few points. John Roberts is playing at a different game than the rest of us. We’re on poker. He’s on chess.
Breitbart.com: As legal scholars study the Supreme Court’s decision in the Obamacare case, more and more are concluding that Justice Anthony Kennedy’s dissenting opinion, striking down the law in its entirety, was once the majority opinion–and that Chief Justice John Roberts switched his vote at a late stage. If so, it would appear that the Chief Justice may have succumbed to the bullying meted out by President Barack Obama, who attacked the Court in the aftermath of oral arguments in March, when Obamacare seemed headed for certain defeat.
Weekly Standard: The House of Representatives voted to hold Attorney General Eric Holder in contempt of Congress. The vote was 255 ayes, 67 nays, and 1 present vote.
National Journal: The Congressional Black Caucus has called a members-only “emergency” meeting on Thursday to plot a “walkout strategy” ahead of the scheduled contempt vote of Attorney General Eric Holder later in the day.
Gina Miller at Renew America: Thanks to the Lord, the Illinois Family Institute has the support of the Alliance Defense Fund and the Thomas More Society. Through the Alliance Defense Fund, they will be filing a motion to intervene in this case to defend the Illinois marriage law against this wicked assault . . . Pray for the State of Illinois and for those who are fighting for the side of truth. Pray for the Illinois Family Institute, the Alliance Defense Fund and the Thomas More Society, and as always, consider sending financial support to these groups.
U.S. v. Alvarez, No. 11-210
The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved. 18 U. S. C. §§704 (b), (c).Respondent pleaded guilty to a charge of falsely claiming that he had received the Medal of Honor, but reserved his right to appeal his claim that the Act is unconstitutional. The Ninth Circuit reversed, finding the Act invalid under the First Amendment. Held: The judgment is affirmed. Pp. 3−18. 617 F. 3d 1198, affirmed. JUSTICE KENNEDY, joined by THE CHIEF JUSTICE, JUSTICE GINSBURG, and JUSTICE SOTOMAYOR, concluded that the Act infringes upon speech protected by the First Amendment
Care2.com: Ruling from the bench Judge Robert Hinkle said federal laws are designed to block states from removing eligible voters close to an election. According to the judge, they are not designed to block voters who should never have been allowed to cast ballots in the first place
NY Times: The National Rifle Association has joined a Republican push to make Attorney General Eric H. Holder Jr. the first sitting cabinet member to be held in contempt of Congress, turning a once obscure fight over a gun-smuggling investigation into a proxy war over gun control.
The Hill: Senate Republicans are keeping their distance from the push in the House to place Attorney General Eric Holder in contempt of Congress.
National Review Bench Memos: Congratulations to Keith Blackwell on his appointment to the Georgia Supreme Court. Blackwell, currently a judge on the Georgia Court of Appeals, graduated summa cum laude from Franklin College, served as senior editor of the law review at the University of Georgia School of Law, and clerked for Judge Edmondson on the U.S. Court of Appeals for the 11th Circuit.
Ed Whelan reports at Bench Memos: Senate Republican leader Mitch McConnell and ranking Senate Judiciary Committee member Chuch Grassley have sent a strong letter . . The ABA presents itself to the public as a non-partisan, professional organization. However, it has chosen to advocate for this Administration’s circuit court nominees in the few remaining months before this presidential election, when it chose not to do so before either of the last two presidential elections despite much more compelling circumstances. This sort of selective advocacy is precisely why so many people question the ABA’s professed neutrality.
FRC Washington Update: Seven blocks away from the Court, the headquarters of Health and Human Services (HHS) is also buzzing. According to reports, employees there are scrambling to push health care dollars out the door before Thursday’s decision comes down. “Conservatives wanted the White House to stop spending on the health care law until the Supreme Court rules on whether it’s constitutional. But the administration has forged ahead,” Politico points out, “spending at least $2.7 billion since oral arguments in the case that ended on March 28.
The Blog of the Legal Times: A Republican senator is blocking a confirmation vote for a District of Columbia Superior Court judicial candidate, a nomination that has been stalled almost a year.
Washington Post: Monday’s action in the Supreme Court’s penultimate day of decisions may not have done much to shed light on what the justices have concluded about the Affordable Care Act. But it did lead most to believe that Roberts will be writing the majority opinion in the case.
AP: Now that the politically potent National Rifle Association is keeping score, some Democrats may join House Republicans if there’s a vote to hold Attorney General Eric Holder in contempt of Congress in a dispute over documents related to a botched gun-tracking operation.
AP: Obama’s claim broadly covers administration documents about the program called Operation Fast and Furious, not just those prepared for the president.
MN Post: The Robins, Kaplan, Miller & Ciresi law firm has become the latest Minnesota business — and one of the largest — to formally declare its opposition to a proposed amendment to the state constitution banning same-sex marriage.
ABA Journal: State lawmakers across the country are considering bills that would limit the power of the judiciary. Many of the proposed laws reflect a concern about foreign influence in U.S. courts. A few states, including Tennessee, Louisiana and Arizona, have already adopted versions of such laws.
The Hill: Thirty-one Republican senators have signed a letter calling on Attorney General Eric Holder to immediately appoint a special counsel to investigation national-security leaks from the executive branch.
National Law J. on Law.com: Slightly more than half of the class of 2011 — 55 percent — found full-time, long-term jobs that require bar passage nine months after they graduated, according to employment figures released on June 18 by the American Bar Association.
Wall Street Journal: Members of the law-school class of 2011 had little better than a 50-50 shot of landing a job as a lawyer within nine months of receiving a degree, according to a Wall Street Journal analysis of new data that provides the most detailed picture yet of the grim market for law jobs.
Volokh Conspiracy: In the National Law Journal, Karen Sloan reports on how the drop in law school applications this year has law schools scrambling to fill slots — and offering unusually generous scholarships necessary to try to maintain U.S. News numbers. It begins . . .
AP: The Supreme Court will issue its last opinions on Thursday, with its decision on President Barack Obama’s health care overhaul expected to come down that day.
Washington Times: The Obama administration said Monday it is suspending existing agreements with Arizona police over enforcement of federal immigration laws, and said it has issued a directive telling federal authorities to decline many of the calls reporting illegal immigrants that the Homeland Security Department may get from Arizona police.
Minnesota for Marriage: “Lawyers for Marriage,” an organization of Minnesota attorneys in support of the proposed Marriage Protection Amendment on the November ballot, has been formed to campaign in support of the amendment. The organization was formed to be a resource for understanding the legal and social importance of Minnesota’s existing legal definition of marriage.
PostStarNews: For this reason, the New York State Bar Association urges the Assembly and the Senate to pass legislation to allow the disposition of certain cases in Youth Court, where youths are held accountable for their actions by their peers.
Orin Kerr at the Volokh Conspiracy: id the ABA ever urge the Senate to confirm nominees during the Bush Administration? Not as far as I can tell
NY Times: The Supreme Court on Thursday indicated that it is likely to go into overtime next week, as the nation awaits its decisions in challenges to President Obama’s health care law and a tough Arizona immigration law.
Findlaw: That’s what led to a three-day conference in Beijing from May 28 to 30. The United States-China Intellectual Property Adjudication Conference was held at Renmin University in Beijing and had over 1,200 attendees, including business leaders, government officials and jurists.
Jordan Lorence at National Review Bench Memos: Right now, the Court has six decisions left to hand down for the term. The Court has only one more day scheduled to announce decisions — Monday, June 25. I think it is unlikely that the Court will hand down all six decisions on Monday, in light of its past practice. What I and many other Court watchers expect is for the Supreme Court to announce that it will add another day later next week to announce decisions. I expect that day to be Wednesday, June 27 or Thursday June 28. Because of the complexity of the legal issues involved in the Obamacare case, I would expect it to be handed down on the last day.
Blog of the Legal Times: The American Bar Association sent a letter to Senate leaders yesterday expressing a “grave concern” for the high number of longstanding federal judicial vacancies. The group urged floor votes on three noncontroversial appellate court nominees this month.
First Things: Hence the effort at every point to circumvent democratic procedures: to skirt referenda with legislative votes and legislative votes with judicial rulings. If gay marriage is ratified across the country, it will be elites whom we can thank or fault, not the American voter.
Washington Times: Until now, everyone believed that the decisions regarding ‘Fast and Furious’ were confined to the Department of Justice. The White House decision to invoke executive privilege implies that White House officials were either involved in the ‘Fast and Furious’ operation or the cover-up that followed.