Tag Archives: Category: Bench and Bar

Kenneth Anderson at the Volokh Conspiracy: One of the more practical debates over the law school business model asks about the third year of law school. Is it actually necessary – and even if, in principle, it might be a good idea, is it at the prices law schools now charge? If it is kept – which seems pretty likely for most schools, given the existing business model – how can it be changed to make it more useful to students?

AP: Tough new election laws aimed at forcing voters in many states to show photo identification at polling places have been blocked or delayed, delighting opponents who claim they were among a variety of partisan attempts to keep minorities from voting.

Ilya Somin at the Volokh Conspiracy: After the first presidential debate and again after the debate between the VP candidates, I lamented the fact that the candidates and moderators had almost completely ignored judicial nominations.

LifeSiteNews: Being pro-life and supporting traditional marriage could cost you a tenured position at a public law school, according to a lawsuit filed in Iowa. Teresa Wagner has sued the University of Iowa, saying the law school has denied her two positions over the last five years because of her work in the National Right to Life Committee and the Family Research Center. The trial got underway in Davenport today.

Wall Street Journal: A federal appeals court upheld sanctions against a veteran Florida bankruptcy lawyer who called a judge’s findings “half-baked,” and then sent a bottle of wine to his chambers with a handwritten note. The case raised an interesting question, at least in theory: What First Amendment rights do lawyers have to get sharp with judges?

Star Tribune (AP): New Supreme Court Justice Wilhelmina Wright was set Tuesday to take her oath and a spot on the seven-member panel. Wright is blazing a path as the first black woman to serve on the court.

East Valley Tribune: The governor chose Court of Appeals Judge Ann Scott Timmer over Maricopa County Superior Court Judge Douglas Rayes, also a Republican, and Democrat Diane Johnsen.

NewsObserver: Both men have to spend a lot of time driving these days because, as candidates for judicial office, it’s hard getting anyone to pay attention. A large number of voters simply skip the judges section of the ballot each year.

KAALTV.com: On election day, Iowa Supreme Court Justice, David Wiggins future on the bench will be decided by Iowa voters. It’s known as retention and it’s leaving many voters with questions. Sunday, Wiggins spoke with a small crowd in Mason City.

Tampa Bay Times: Another Florida Supreme Court justice targeted by the Republican Party in this year’s merit retention election pleaded with Tampa attorneys Friday to help keep partisan politics out of the judiciary.

AP: A closely divided Supreme Court. Four justices in their 70s. Presidential candidates with dramatically different views of the ideal high court nominee.

Lambda Legal: A diverse and representative jury is an essential component of a fair and impartial legal system. Unfortunately, many minority groups, including LGBT Americans, continue to face discrimination in the jury selection process. To address this injustice, Lambda Legal has endorsed bipartisan legislation sponsored by Senators Jeanne Shaheen (D-NH), Susan Collins (R-ME) and Sheldon Whitehouse (D-RI) that would prohibit discrimination against LGBT people in federal jury service. A companion bill was also recently introduced in the House of Representatives by Congressman Steve Rothman (D-NJ).

Courthouse News: A Republican lawmaker challenged the Nebraska State Bar Association’s practice of using mandatory dues for lobbying. Scott Lautenbaugh, a state senator from Omaha, filed a class action in Federal Court. Lautenbaugh claims the Bar’s use of mandatory membership dues for lobbying violates Bar members’ right to free speech.

Tennessean: The Sumner County Board of Education and American Civil Liberties Union settled a lawsuit over teacher-prayer and promoting Christianity in schools in December, but the two sides will soon head to mediation to work out a compromise in attorneys’ fees. Court records show attorneys representing the ACLU, the prevailing plaintiffs, are asking a judge to award $284,321 for legal fees and litigation expenses to be paid by the school board.

Harvard L. Prof. Michael J. Klarman at NYT: Justice Kennedy’s opinions often suggest that he wants to be on the right side of history, which matters greatly here because the future of gay marriage in America is so clear . . . A Supreme Court ruling in favor of gay marriage would divide the nation roughly down the middle, much as the Court’s ruling against racial segregation, in Brown v. Board of Education, did in 1954. Yet, within two decades, the Brown decision was almost universally revered . . .

Detroit Free Press: A federal judge put a merciful end to Secretary of State Ruth Johnson’s inane war on voters last week, when he ruled that the citizenship checkoff box that Johnson put on ballots was confusing and unnecessary.

The Call: The Freedom From Religion Foundation stopped short of promising a lawsuit over the cross, but it says it is in the process of seeking an attorney from the area to represent the organization.

David Bernstein at the Volokh Conspiracy: Justice Alito . . . If you have -you have an applicant whose parents are — let’s say they’re — one of them is a partner in your law firm in Texas, another one is a part — is another corporate lawyer. They have income that puts them in the top 1 percent of earners in the country, and they have -parents both have graduate degrees. They deserve a leg-up against, let’s say, an Asian or a white applicant whose parents are absolutely average in terms of education and income? . . .

Ken Klukowski at Breitbart: Government preferring one racial group over another in college admissions may be about to end, in what would be a historic move by the Supreme Court. Chief Justice John Roberts said that Supreme Court precedent requires that “there has to be a logical end point to your use of race. What is the logical end point? When will I know that you’ve reached a critical mass?” The government’s inability to answer that question might mean that the end point will come in a few months when the Court hands down its decision.

Fox News: A panel of three federal judges upheld a South Carolina law requiring voters to show photo identification, but delayed enforcement until next year, in a decision announced Wednesday, less than a month before this year’s presidential election. | South Carolina v. U.S., (D.C. Cir.)

Clinton Herald: Republicans hold a 59 to 40 edge in the Iowa House, while Democrats hold a 26 to 24 advantage in the Iowa Senate. If Republicans maintain their lead in the House, and take over the Iowa Senate, it would be the first time in 14 years that the GOP controlled the House, Senate and Governor’s seat in Iowa. “Win just two more Senate seats and the majority understands that the private sector creates jobs and grows the economy,” Reynolds said. Reynolds believed not only would the Iowa Senate be controlled by Republicans, but Iowa would send four Republicans to the U.S. House of Representatives.

Washington Post: Judicial elections were once sedate, bottom-of-the-ballot affairs, frequently overlooked by voters focused on the bigger-name races. But there was nothing low-key about the message on a bus that toured Iowa recently, bearing the face of state Supreme Court Justice David Wiggins and a giant “NO.” Nor was there anything decorous about the contingent of lawyers that trailed with a smaller truck urging “Yes Iowa Judges.”

The Gazette: Iowa Supreme Court Justice David Wiggins’ 63 percent favorability rating from fellow attorneys is the lowest score earned by a member of the court in 50 years of judicial retention elections, according to a group calling for his ouster.

Chicago Tribune (Reuters): The overall tone of the hearing suggested that while the court might not uphold the Texas plan, there would not be a majority of justices to broadly strike down the use of race in admissions.

Boston Globe: The high court, in its 3-2 decision, said the state did not prove the lower court erred in leaving the old law in effect pending resolution of the case. Two justices dissented, arguing new laws are presumed constitutional until found otherwise and thus the law should be allowed to be implemented.

Washington Post: Secretary of State Jon Husted asked the U.S. Supreme Court to decide whether the state Legislature or federal courts should set Ohio election laws.

The SCOTUS order list is here.

Eugene Volokh at the Volokh Conspiracy: When NFIB came down, some commentators argued that Chief Justice Roberts’ conclusion that the mandate was not authorized by the Commerce Clause and Necessary and Proper Clause was mere dictum, and therefore not binding precedent for the lower courts. I criticized that view here. It’s worth noting that the Ninth Circuit just treated the Roberts’ Necessary and Proper reasoning from NFIB as if it were binding. In upholding the Sex Offender Registration and Notification Act sex offfender registration requirement, they relied heavily on NFIB’s interpretation of the Necessary and Proper Clause . . .

Seattle Post Intelligencer: Iowa Supreme Court Justice David Wiggins isn’t well known outside the legal community of his state, and even inside that group, isn’t particularly popular. But the question of whether he should keep his job has become one of the most fiercely contested judicial issues on the Nov. 6 ballot because of what he symbolizes in the debate over gay marriage and the role of courts.

LifeSiteNews: Operation Rescue has been informed by the Office of the Disciplinary Administrator that ethics complaints filed against Kansas Attorney General Derek Schmidt and Johnson County District Attorney Steve Howe have been docketed and will be investigated.

Education Week: Their names are synonymous with U.S. Supreme cases on student speech. John and Mary Beth Tinker, who wore black armbands to protest the Vietnam War. Matthew Fraser, who made a suggestive speech to an assembly of his high school peers. Cathy Kuhlmeier, who helped produce school newspaper stories on teen pregnancy and divorce that were pulled before publication. And most recently, Joseph Frederick, who displayed a banner reading “Bong Hits 4 Jesus” outside his school.

Reuters: Facing unprecedented political opposition, three Florida Supreme Court justices are fighting back against Republicans and conservative activists seeking to change the balance in the state’s highest court by getting voters to fire them. Justices Fred Lewis, Barbara Pariente, and Peggy Quince face what is called a “merit retention” vote in November.

Alan E. Sears at Alliance Defending Freedom Blog: Those who closely follow proceedings at the U.S. Supreme Court are telling us there’s an excellent chance that at least two crucial cases involving the definition of marriage – cases with the potential to greatly impact the lives of you, your children, and the future of religious freedom in America – will be reviewed by the Court during the new term that began this week.

AP: “The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state,” Scalia said at the American Enterprise Institute.

SCOTUS Blog: After battling for years to get a pay raise that they say Congress had once promised them, six federal judges finally won in a specialized federal court on Friday.  If the ruling withstands a likely trip to the Supreme Court, those judges – and presumably others – will get annual cost-of-living increases that have been specifically vetoed by Congress.   The ten-to-two decision by the Federal Circuit is here.

4-traders.com: Current legal issues in Latin America, election crime and punishment, and same-sex marriage are among the topics that will be discussed at the American Bar AssociationSection of International Law’s Fall Meeting. The Oct. 16 – 20 meeting will bring together legal practitioners from government, academia and private practice to Miami. Some 1,000 lawyers from 47 countries, including the United States, are expected at the meeting.

MarketWatch: Tucked into the U.S. Supreme Court’s busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.

William J. Haun at National Review Bench Memos: If it is true that much unhappiness in the world has come because of things left unsaid, then we would be wise to turn our attention to an issue left unsaid by both Governor Romney and President Obama during their respective convention speeches: the role of the courts, and their state after four years of liberal judicial nominee

Thomson Reuters: Bigger bucks come to Supreme Court clerks who wait. Top U.S. law firms are offering $280,000 signing bonuses to lure the young attorneys who work with America’s nine top judges. But many do stints with the government first. A new Breakingviews calculator shows how that path can be financially smarter over the long run.

Reuters: A Pennsylvania judge’s decision to block a voter ID law on Tuesday is only the latest in a series of setbacks for new state laws that require voters to show identification before voting. Voter ID laws have also been turned back in Wisconsin and Texas this year and some others may also not go into effect before the U.S. presidential election just five weeks away.

Federalist Society Blog: Today in Washington, D.C. Justice Scalia spoke about his new book Reading Law: The Interpretation of Legal Texts (co-authored by Bryan A. Garner) at an event co-sponsored by the Federalist Society and AEI. He began by emphasizing that “All of the great early justices were originalists and textualists.” He said it was unfortunate that that tradition is rare in legal education: “Text is not taught in law schools. . . . Canons [of interpretation] are picked up haphazardly.” In his view, it is unfortunate that first year courses focus on the Common Law even though most law has been codified.

NY Times: In a bid to remake Florida’s judiciary, Republicans are asking voters to oust three state Supreme Court justices and give the legislature greater power over Supreme Court appointments and judicial rules of procedure.

ABA Journal (includes audio): About a thousand candidates—most if not all of whom have top grades, fascinating backgrounds and served as law review editors—apply for U.S. Supreme Court clerkship slots each year. How do the 36 who get tapped make the cut? Reputation, coupled with a bit of luck, goes a long way, guests tell ABA Journal Podcast moderator Stephanie Francis Ward.

Adam Liptak at the NY Times: In June, the Supreme Court pulled off a neat trick. By upholding President Obama’s health care law, it simultaneously bolstered public support for the law and hurt its own reputation.

Christian Science Monitor: On Day 1 of its term, the US Supreme Court heard a case involving allegations by 12 Nigerians that a foreign oil firm abetted human rights abuses in Nigeria 20 years ago. Alien Tort Statute, originally aimed at allowing legal action against pirates, lies at heart of the case.

Des Moines Register: “If he’s under a majority, I think that is a good sign for us,” Vander Plaats said, noting that retention opponents spent much of their time in 2010 educating voters on how a retention election works. “I really believe we’re in better shape than we were two years ago.”

U.S. Court of Appeals for the Fifth Circuit: On October 1, 2012, Judge Carl E. Stewart of Shreveport, Louisiana, becomes the Chief Judge of
the United States Court of Appeals for the Fifth Circuit, which hears appeals from federal courts in
Louisiana, Texas, and Mississippi. Judge Stewart succeeds Chief Judge Edith H. Jones,

AZ Central: Since she took office in January 2009, 35 of her 38 appointments to the Arizona Supreme Court, Court of Appeals, and the Superior Courts of Maricopa and Pima counties have been Republicans, according to records from the Arizona Supreme Court, which oversees all courts.

AP: The Supreme Court term that begins Monday holds the prospect for major rulings about affirmative action, gay marriage and voting rights.
A look at cases the court already has agreed to hear and other top cases in the pipeline . . .

AP: The Supreme Court won’t stop Minnesota from blocking its judicial candidates from endorsing candidates in other elections and soliciting campaign contributions.

AP: The lawsuit argued the commission gives too much influence to lawyers and is unconstitutional because non-lawyers have no say in those appointments.

Carrie Severino at Politico: How can the Supreme Court remain subject to the will of the people when it overturns laws passed by the people’s elected representatives? The answer is actually simple — by overturning only unconstitutional laws. But behind this simple answer lies two fundamental assumptions. First, that the Constitution itself represents the will of the American people, indeed, in its highest form. And second, that Supreme Court Justices must faithfully apply the text and original understanding of the Constitution.

Here.

PJ Media: Ever since PJ Media’s blockbuster Every Single One Series documented the radical partisan lawyers hired as career civil servants in the Obama DOJ, many have asked me how this is accomplished. One way is that only attorneys are hired who have resumes which have obvious ideological histories. The Every Single One series provided the public copies of these resumes. They are filled with cues that were used in the hiring process to exclude some and include others. But Eric Holder is also personally furthering the cause of ideological hiring. One way Holder is accomplishing this goal is by recruiting from within identity politics organizations.

The Daily Caller: As a freshman at Columbia University in 1970, future Attorney General Eric Holder participated in a five-day occupation of an abandoned Naval Reserve Officer Training Corps (ROTC) headquarters with a group of black students later described by the university’s Black Students’ Organization as “armed,” The Daily Caller has learned . . . Holder was then among the leaders of the Student Afro-American Society (SAAS), which demanded that the former ROTC office be renamed the “Malcolm X Lounge.” . . .

Texas Lawyer: Fifth U.S. Circuit Court of Appeals Chief Judge Edith Jones says she will relinquish the “chief” title on Oct. 1, three months before her seven-year term was scheduled to end. Fifth Circuit Judge Carl Stewart will replace Jones as chief. Judges become chief based on senio

Wall Street Journal (via Google): Wisconsin Governor Scott Walker’s recall victory in June was a stinging defeat for organized labor. But just when Wisconsinites thought they were getting past this fight, the left is staging a last gasp coup in the courts. On Monday, the Seventh Circuit Court of Appeals in Chicago heard oral arguments in a federal case challenging the law’s limits on collective bargaining for government unions

Findlaw: The goal of most law firm associates is to make partner. But what about junior partner? Is that worth striving for too? Obviously in some ways junior partner is a worthy title if only because it’s the stepping stone to become a full or senior partner. For some, it may be a goal in itself.

Harvard Law School (includes video): During the event, their discussion touched on many topics ranging from Kagan’s current reading group at HLS on the Supreme Court’s 2011 Term to courtroom issues—including the role oral argument plays and the use of cameras in the courtroom. Said Kagan when asked about the role of the justices’ clerks: “They’re a fount of ideas, they’re a fount of information. They wander around the building and find out a lot about what other people are thinking. There’s a kind of clerks gossip network, and I encourage them to schmooze.”

SCOTUS Blog: The Supreme Court opens its new Term at 10 a.m. on Monday, and starts with one hour of oral argument on the reach of a 1789 law that seeks to impose liability in U.S. courts on those who …

NECN.com: More than 600 University of Notre Dame faculty and staff have signed onto a statement urging the Roman Catholic school to add sexual orientation to its nondiscrimination clause.

Washington Times: Republican senators on Wednesday joined a lawsuit arguing President Obama violated the Constitution when he used his recess appointment powers earlier this year to fill several controversial jobs.

NBC: There are still 42 days and four debates left before the presidential election and many signs point to a close outcome, but recent polling both nationally and in key battleground states like Ohio has conservatives concerned about the impact President Obama could have on the judiciary in a second term.

SCOTUS Blog reports.

NPR: “I hope I’m wrong,” says former Iowa Supreme Court Justice Michael Streit. He says he and his fellow justices made a conscious decision not to campaign for their own retention two years ago. But now? “If these forces keep …

Miami Herald: After months of speculation, Republicans and conservative groups have come forward with their plans to try to defeat three of Florida’s Supreme Court justices but their supporters warn of politicizing the judiciary . . .

Findlaw: As a 1L, figuring out when to start your summer job search is tricky. You’re still trying to keep up with your new schedule of reading, while trying to wrap your brain around new concepts like the much-dreaded Rule Against Perpetuities.

Wall Street Journal: Law school graduates aren’t the only ones saying less emphasis should be placed on law school rankings. Justice Clarence Thomas went on record Friday criticizing the popular U.S. News & World Report list.

Des Moines Register: Former Republican presidential candidate Rick Santorum and former gubernatorial candidate Bob Vander Plaats, among others, urged voters to vote “no” on November’s ballot on whether to retain Iowa Supreme Court Justice David Wiggins. Nearby, activists with the Iowa Bar Association shadowed the group to urge exactly the opposite.

Blog of the Legal Times: The Senate confirmed Gonzalo Curiel for the Southern District of California and Robert Shelby for the District of Utah, posts that are considered judicial emergencies because of the workload faced in the districts.

Washington Post: U.S. Supreme Court Justice Elena Kagan gave University of Richmond law school students and faculty a firsthand account of the inner workings of the nation’s highest court Thursday, covering topics ranging from the influence and role of the justices’ clerks to her own opinion-writing style.

The Independent Record: While a federal court says political parties can now endorse nonpartisan judicial candidates in Montana, the two candidates for an open state Supreme Court seat said this week they won’t accept the endorsements — because a state judicial ethics code forbids it.

Gainesville.com: Thomas told students to stay positive and not give in to the idea that those attending Ivy League law schools are better than they are. The Ivy League-educated can be seen as a new form of nobility, he said, but are no smarter or more capable than any of the students sitting in the courtyard with him.

How Appealing reports.

Blog of the Legal Times: The Senate Judiciary Committee today approved the nomination of William Baer to lead the Justice Department’s Antitrust Division on a 12-5 vote.