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Kirsten Gillibrand’s Biglaw Event — See Also

Davis Polk's Alumni Support: They're hosting an event for Kirsten Gillibrand. Biglaw's Getting Clever With Perks: It's about more than just money. Now This Is A Great Decision: Judge slams Trump administration's census plans. Speaking Of Good Decisions: Alabama can't protect Confederate monuments. Are Daily Fantasy Sports In Danger? The admin's latest ploy.
Tags: Law, Alabama, Kirsten Gillibrand, Trump, Davis Polk, See Also, Kirsten Gillibrand Biglaw


Blocking Constituents from Facebook Page Violates First Amendment–Davison v. Randall

The Chair of Loudoun County Board of Supervisors blocked a constituent on her official Facebook page. While the block was temporary, Davison, the constituent, filed a lawsuit, and prevailed after a bench trial. The Fourth Circuit affirms the main points. The court first says Davison has standing to pursue his claims. He was subject to past enforcement, and the Chair has not “disavowed” future enforcement. The Chair also challenged whether she had acted under color of law in administering the Ch...
Tags: Facebook, Supreme Court, Law, Kentucky, Virginia, Social Media, Randall, Knight Foundation, Trump, Board, Morgan, McIntyre, Fourth Circuit, Eric, Rossignol, Bevin


New York Judge Fully Annihilates Citizenship Question For Upcoming Census

We already do the Census stupidly, but a District Judge halts Trump's attempts to make it even less accurate.
Tags: Law, Government, Courts, Census, Trump


Wow! Burger King made fun of Trump. (Who does Burger King think eats at Burger King?)

Think of how much of a laughingstock a president has to become to have *Burger King* make fun of him. Sad. https://t.co/aUBiBxQACr— George Conway (@gtconway3d) January 16, 2019 In case you don't get the reference, Trump recently tweeted "Because of the Shutdown I served them massive amounts of Fast Food (I paid), over 1000 hamberders etc" (reported in "Trump’s ‘Hamberders’ Tweet Becomes Fodder for Late-Night Laughs" (NYT)). ADDED: Maybe Burger King's tweet is affectionate. I shouldn't accept t...
Tags: Law, Burger King, Spelling, Trump, Hamburger, Ann Althouse, Trump derangement syndrome, George Conway


Relist Watch

John Elwood reviews Monday’s relists. I’m today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the full 30 days to file reply briefs before oral argument. After this Friday, the court’s next scheduled conference isn’t until February 15 – almost a month from now. And any cases granted at that conference will ...
Tags: Texas, Featured, Supreme Court, Law, Congress, Virginia, New York City, Freedom, Alabama, Indiana, Dhs, United States, House Of Representatives, Kansas, Louisiana, Nielsen


Comedy tonight: Jurists play for laughs at Shakespeare Theatre mock trial

Justice Samuel Alito struggled to suppress a smile. Justice Stephen Breyer buried his head in his hands. Chief Judge Merrick Garland succumbed to a giggle fit. The esteemed panel knew it was in for an unconventional night of jurisprudence when, just a few sentences into her spiel, counsel representing the estate of the Duke of Buckingham referred to King Richard III as “Individual Number One.” The audience at the Sidney Harman Hall burst into applause – a raucous show of enthusiasm from a crowd ...
Tags: Supreme Court, Law, Richard III, Duke, Trump, Buckingham, Lancaster, Alito, Stephen Breyer, Garland, Samuel Alito, Henry VII, 5th Circuit, Sidney Harman Hall, Shakespeare Theatre Company, United States Court of Appeals


Support Your Furloughed Federal Friends, Trump’s Government Shutdown Hostages

These are people. They matter. Their work matters. And they deserve to know it.
Tags: Law, Congress, Finance, Veterans, Donald Trump, Government Shutdown, Trump, Federal Contractors, Jonathan Wolf, Federal Workers


U.S. military says American troops killed in Syria blast claimed by IS

By BASSEM MROUE BEIRUT — The U.S. military says a number of service members were killed Wednesday in an explosion while conducting a routine patrol in Syria — the first instance of U.S. casualties since President Donald Trump announced his intention to withdraw troops from the country last month. The Islamic State group claimed responsibility for the rare morning attack in the U.S.-patrolled town of Manbij in northern Syria, saying one of its members carried out a suicide attack and detonated hi...
Tags: News, Islamic State, Defense, Uncategorized, Sport, World news, Turkey, Syria, Britain, Soccer, Military, Terrorism, Donald Trump, Beirut, Trump, Syrian Observatory for Human Rights


Reviewing criminal justice highlights (or low-lights) from AG nominee Barr's confirmation hearing

Other commitments are keeping me from being able to keep a close watch on the Senate confirmation hearing for President Trump's nominee to lead the Department of Justice, William Barr.  Fortunately, lots of other folks are doing so, and here is a round-up of a few pieces I have seen highlighting some of the criminal justice issues that have been discussed: From BuzzFeed News, "Bill Barr Says He’s 'Not Going After' Marijuana In States Where It’s Legal: Bill Barr told senators he’d take the same...
Tags: Law, Obama, Senate, US, Trump, Jeff, George H W Bush, AG, Barr, Douglas A Berman, William Barr, Bill Barr, Vox Cory Booker


SCOTUS Declines To Rule On Matthew Whitaker’s Appointment As Acting Attorney General

CNBC: In an unusual maneuver, Goldstein also used the case to raise the question of whether Trump’s acting attorney general, Matthew Whitaker, was constitutionally appointed. Trump appointed Whitaker in November after forcing out Jeff Sessions. Critics immediately pounced on the appointment, arguing that it was unlawful because Whitaker had not been confirmed by the Senate to the post he held at the time of his elevation to acting attorney general. Goldstein made his client’s gun rights case int...
Tags: Supreme Court, Senate, Court, Military, Gun Control, Cnbc, Trump, Whitaker, AG, Matthew Whitaker, Goldstein, Rod Rosenstein, Barry Michaels


The Difficulty Of Language In The Interpretation Of Trump’s View Of Gun Rights

There is no shortage of Trump supporters, here on this blog or elsewhere.  And there is no shortage of Trump detractors.  It occurs to me that sometimes language is a barrier to communication rather than the vehicle for it. Trump might be engaging repeatedly in 3D chess, or he might not.  His art of the deal might be selling out your rights for his benefit, or it might not be. But in either case, it must be remembered that his predilections are those of a Northeastern progressive, with certain c...
Tags: Politics, Military, Donald Trump, Trump, Nra, AG, Barr, Donald Trump On Guns, Gordon H Clark, AG Trump


"Former Mexican President Enrique Peña Nieto took a $100 million bribe from international drug traffickers..."

"... according to a witness at the trial of Joaquín Guzmán Loera, the infamous crime lord known as El Chapo," the NYT reports.ADDED: Remember Trump's (leaked) conversation with Peña Nieto, back in August 2017?You have some pretty tough hombres in Mexico that you may need help with, and we are willing to help you with that big-league. But they have to be knocked out and you have not done a good job of knocking them out. We have a massive drug problem where kids are becoming addicted to drugs beca...
Tags: Crime, Law, Drugs, Mexico, Enrique Peña Nieto, Trump, El Chapo, Pena Nieto, Nieto, Joaquín Guzmán Loera, Ann Althouse, Trump and foreign policy


"The shutdown has in some ways underscored [some conservatives'] view that government can function with fewer employees."

"'There’s a moment when people say, "Did you notice what percentage of this agency was viewed as nonessential?"' said anti-tax activist Grover Norquist. Former White House chief strategist Stephen K. Bannon called shutdowns 'blunt-force measures that certainly show what’s essential and what’s not.'...  The shutdown follows two years of contraction of the federal workforce under Trump. During his first 18 months in office, the government shrank by 17,000 employees...."From "The shutdown is giving...
Tags: Law, White House, Trump, Stephen K Bannon, Ann Althouse, Trump During, Right-wing Ideology, Steve Bannon, Trump's shutdown, Grover Norquist Former


"garbage food served by a garbage president. this is not funny, its just pathetic"/"A junk food feast from a junk president. How fitting is that? Talk about a nothing burger."

Highly rated comments on the WaPo article "President Trump’s extravagant, $3,000, 300-sandwich celebration of Clemson University" (by Philip Bump).Here's Trump talking about the food — which he paid for himself because of the shutdown — just before the champion football team comes in.Here’s a video I shot of President Trump showing off his 300 hamburgers. pic.twitter.com/P06S6I5w07— Hunter Walker (@hunterw) January 14, 2019 ADDED: The Clemson quarterback Trevor Lawrence declares, "It was aweso...
Tags: Law, White House, Football, Fast Food, Mcdonalds, Clemson, Trump, Lawrence, WaPo, Clemson University, Philip Bump, Ann Althouse, Trump and pop culture, Trevor Lawrence, Philip Bump Here s Trump


"They’re required to work without being paid — that is the essence of involuntary servitude. The government has absolutely violated famous constitutional rights."

Said Michael Kator, an attorney for the plaintiffs who are working without pay during the shutdown, quoted in "'The essence of involuntary servitude': Federal unions sue the Trump administration to get paid for shutdown work" (WaPo).The judge just ruled from the bench, denying a temporary restraining order:U.S. District Judge Richard J. Leon said it would be “profoundly irresponsible" to issue an order that would result in thousands of employees staying home from work. "At best it would create c...
Tags: Law, Labor, Leon, Trump, WaPo, Richard J Leon, Ann Althouse, Trump's shutdown, Michael Kator


Morning Docket: 01.15.19

* States win big victory blocking Trump's birth control rules from taking effect. Now I guess he'll have to build a wall around vaginas too. [Law360] * Former Sullivan & Cromwell chief John Merow and his wife were killed in an apartment fire on Saturday. [New York Law Journal] * Quinn Emanuel adds Sandra Moser to co-head the firm's white collar practice. [National Law Journal] * Are the days of law firm expansion coming to an end? I'm guessing no. [Law.com] * William Barr will now face the S...
Tags: Law, Senate, Department Of Justice, Trump, Sullivan & Cromwell, Quinn Emanuel, New York Law Journal, Morning Docket, Health Care / Medicine, William Barr, John Merow, Sandra Moser


"House Republican leaders removed Representative Steve King of Iowa from the Judiciary and Agriculture Committees on Monday night as party officials scrambled to appear tough on racism and..."

"... contain damage from comments Mr. King made to The New York Times questioning why white supremacy is considered offensive. The punishment came on a day when Mr. King was denounced by an array of Republican leaders, though not President Trump. The Senate majority leader, Mitch McConnell, suggested Mr. King find 'another line of work' and Senator Mitt Romney said he should quit. And the House Republicans, in an attempt to be proactive, stripped him of the committee seats in the face of multipl...
Tags: Law, Senate, House, New York Times, Iowa, The Times, Mitt Romney, Mitch McConnell, Lincoln, King, Trump, Racists, Kevin McCarthy, Steve King, Ann Althouse, Racial Politics


Trump Signals Support For Renewed Assault Weapons Ban

UPDATE: My oldest son points out that this is from a year ago.  I asked him if that is important?  He says, “The Art of War” is necessary for understanding Trump.  It’s difficult to understand whether he’s serious or simply tactically owning or feigning positions.  My response: Then why the red flag laws and bump stock ban? Via Uncle, this isn’t the Onion.  It’s real. President Donald Trump raised the issue, unprompted, during a roughly hour-long televised meeting with Feinstein and other member...
Tags: Congress, California, White House, West Virginia, Military, Pennsylvania, Bill Clinton, Arizona, Gun Control, Donald Trump, Trump, Nra, Amy, Feinstein, National Rifle Association, Manchin


No action on blockbuster cases

This morning the Supreme Court released another set of orders from the justices’ private conference last week. On Friday, the justices announced that they would add eight cases from that conference to their docket. Today’s list did not grant review in any new cases, but it was perhaps most significant for what it did not do: The justices did not act on a long list of high-profile cases that they considered last week, involving everything from abortion to the Trump administration’s ban on service...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, New York City, Indiana, United States, Lgbtq, White, Trump, U S Supreme Court, Toshiba Corp, Moore, Michaels, Howe


Seeking reader suggestions for really tough (sentencing) questions for AG nominee William Barr

The Senate confirmation hearing for President Trump's nominee to lead the Department of Justice, William Barr, is scheduled to begin tomorrow morning.  The headline of this Los Angeles Times article, "William Barr to face tough Senate hearing on attorney general nomination," predict a "tough" experience for Barr.  But, from my perspective, what could really make the hearing effective is for there to be a lot of sentencing reform and criminal-justice related questions. As the title of this post s...
Tags: Law, Congress, Senate, US, Los Angeles Times, Trump, Bush, George H W Bush, AG, Douglas A Berman, US Sentencing Commission, William Barr, Bill Barr, Barr Here


Morning Docket: 01.14.19

* In this bombshell report, it was revealed that almost immediately after President Trump fired former FBI director James Comey, the agency launched a criminal and counterintelligence investigation into whether Trump was working on Russia's behalf. No collusion? [New York Times] * "They’re not God, after all. They could be wrong." Meanwhile, Rudy Giuliani says the president's legal team should be allowed to "correct" special counsel Robert Mueller's report before anyone else gets to read it, in...
Tags: Law, Congress, Washington Post, Russia, Fbi, New York Times, Deaths, Donald Trump, Government Shutdown, Wall Street Journal, Rudy Giuliani, Law Schools, Biglaw, Aba, Hamilton, Ticketmaster


"So sorry to hear the news about Jeff Bozo being taken down by a competitor whose reporting, I understand, is far more accurate than..."

"... the reporting in his lobbyist newspaper, the Amazon Washington Post. Hopefully the paper will soon be placed in better & more responsible hands!"Tweets Trump.Which competitor newspaper took down Bezos? According to TMZ, it was The National Enquirer:[T]he tabloid published alleged text messages between Bezos and GF Lauren Sanchez after he announced he and MacKenzie Bezos were getting a divorce. Trump seems to be implying that the paper forced Jeff's hand.Trump's nicknames are so out-and-prou...
Tags: Law, Divorce, Trump, Jeff, Bezos, WaPo, BOZO, Ann Althouse, Trump rhetoric, Clowns, Amazon Washington Post, MacKenzie Bezos, Jeff Bozo, Lauren Sánchez


"The president of the United States has many faults, but let’s not ignore this one: He cannot write sentences."

"If a tree falls in a forrest and no one is there to hear it … wait: Pretty much all of you noticed that mistake, right? Yet Wednesday morning, the president did not; he released a tweet referring to 'forrest fires' twice, as if these fires were set by Mr. Gump. Trump’s serial misuse of public language is one of many shortcomings that betray his lack of fitness for the presidency. Trump’s writing suggests not just inadequate manners or polish—not all of us need be dainty—but inadequate thought. ...
Tags: Comics, Supreme Court, Law, White House, United States, Jane Austen, Random House, Hemingway, Spelling, Wilson, Trump, John Keats, John Irving, Ernest Hemingway, Scott Fitzgerald, Andrew Jackson


2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)

Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana right of publicity statute when those organizations use the names, pictures, and statistics of players without their consent because the use falls within the meaning of “material that has newsworthy value,” an exception under the statute.” * Washington Post: ‘Everyone signed one’: Trump is aggressive in ...
Tags: Amazon, Facebook, Minnesota, Law, Congress, Washington Post, China, Massachusetts, Court, E-commerce, Indiana, Trade Secrets, Maine, New Jersey, District Of Columbia, Ada


"What if there were no collusion or conspiracy but simple cognitive bias on both sides, where the actions of one seemed to confirm precisely the suspicions of the other?"

Asks Jonathan Turley (at The Hill).There are now two possibilities. The first of those is that Trump really was some “manchurian candidate” placed in the Oval Office by Russia and controlled from afar by Vladimir Putin. Many are unlikely to ever accept any other possibility, though the New York Times story does not suggest that this counterintelligence operation found any basis for the original allegation....Now to the more intriguing theory that is more consistent with known facts.... Trump sta...
Tags: Law, Vladimir Putin, Russia, Fbi, New York Times, Conspiracies, Clinton, Trump, Oval Office, Jonathan Turley, Hillary 2016, Ann Althouse, Trump troubles, Deep State, The Dossier, Rick Turley


Confusing headline of the day: "Nancy Pelosi Spanks the First Brat."

Hint: It's Maureen Dowd's new column.It caught my eye because here in Wisconsin, a brat — rhymes with "squat" — is a very popular sausage. So what's "spanking the brat"? Seems like another one of the many euphemisms for masturbation.But the NYT is not Wisconsin, so it must be brat — rhymes with "slat" — "a child, so called in contempt" (to quote Samuel Johnson's "Dictionary of the English Language"). What brat would Nancy Pelosi be spanking? I'm thinking Alexandria Ocasio-Cortez or maybe Rashida...
Tags: Headlines, Law, Hillary Clinton, United States, House, Language, Wisconsin, Brats, Nancy Pelosi, Rhetoric, Motherhood, Hillary, Trump, Sartre, Samuel Johnson, Pelosi


"The Fakes always like talking Chaos, there is NONE. In fact, there’s almost nobody in the W.H. but me...."

I just watched a Fake reporter from the Amazon Washington Post say the White House is “chaotic, there does not seem to be a strategy for this Shutdown. There is no plan.” The Fakes always like talking Chaos, there is NONE. In fact, there’s almost nobody in the W.H. but me, and...— Donald J. Trump (@realDonaldTrump) January 12, 2019 MEANWHILE: There is only one right answer to the incredible question: Are you a foreign asset? And it doesn’t take 2 minutes to explain... pic.twitter.com/tb76DPP8D...
Tags: Law, White House, Trump, Campbell, Donald J Trump, Ann Althouse, Josh Campbell, Trump rhetoric, Trump derangement syndrome, Trump troubles, Amazon Washington Post, Trump's shutdown


Twitter’s TOS Upheld Despite Unilateral Amendment Clause—Brittain v. Twitter

This is one of the many Trump-associated lawsuits (#MALGA) by so-called conservatives against Internet companies for allegedly squelching their voices. In this case, Craig Brittain, an erstwhile political candidate, had several campaign-related Twitter accounts suspended (including @CraigRBrittain, @AuditTheMedia, @SenatorBrittain, and @Brittain4Senate), allegedly costing him 500,000 followers. He sued for “$1 billion in damages, a declaration that Twitter interfered in the 2018 federal election...
Tags: Twitter, Law, California, San Francisco, Arizona, Brittain, Trump, Twitter Inc, Craig Brittain, Licensing/Contracts, Zappos Brittain


Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton


It's hard for Mitt Romney to win the Trump hater's love. So unfair!

Mr. Profile in Courage strikes again! https://t.co/l1kiYKPnxj— David Corn (@DavidCornDC) January 11, 2019 [Author: [email protected] (Ann Althouse)]
Tags: Law, Mitt Romney, Trump, Executive Power, Ann Althouse, David Corn



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