Tag: Fifth Circuit

* Remember how AG Bill Barr announced that lawyers would be getting swapped out on the census citizenship case? This federal judge has rejected the change because the DOJ “provide[d] no reasons, let alone ‘satisfactory reasons,’ for the substitution of counsel.” [New York Law Journal]

* After two hours of oral argument, judges on the Fifth Circuit seemed unsure of whether the Affordable Care Act would live to see another day. This case is likely headed to the Supreme Court no matter what, as health insurance for 20 million people protections for pre-existing conditions are in the crossfire. [POLITICO]

* Daniel Bress of Kirkland & Ellis was confirmed to the Ninth Circuit (or the “9th Circus,” as President Trump once referred to the appellate court) in a party-line vote. He’ll replace the disgraced Alex Kozinski, who resigned in 2017 amid allegations of sexual misconduct. [Washington Post]

* Chief Justice Leo Strine of the Delaware Supreme Court will be retiring at the end of October, leaving time for Governor John Carney to select a replacement for the man who shaped the law on takeovers. [Reuters]

* Jeffrey McIntyre, a partner at Husch Blackwell, left the firm after he was reprimanded by the Wisconsin Supreme Court for punching a bar manager in the face and driving while intoxicated, both of which he was charged for and submitted guilty pleas. [Wisconsin State Journal; ABA Journal]

* According to Senator Mitch McConnell, Judges Raymond Kethledge and Thomas Hardiman would be the easiest to confirm, so he’s been trying to steer President Trump into choosing one of them to replace Justice Kennedy. On Saturday, the president was still undecided on his pick. Stay tuned for more… [New York Times]

* On Sunday, President Trump still hadn’t picked a judge to replace Justice Kennedy on the Supreme Court, but said he was “very close to making a decision.” At this point, we only know that the president has seemingly “los[t] much of his interest in” Judge Kethledge. Tune in tonight for his pick. Who will get his final SCOTUS rose?! [CNN]

* Despite the DOJ’s request for an extension on a deadline to reunite families that were separated at the border, Judge Dana Sabraw said the deadline must be complied with “unless there is an articulable reason.” Apparently “safety” is a concern now, but this would’ve been much easier if children hadn’t been lost in the system. [The Hill]

* In case you missed it, Judge Lynn Hughes of the Southern District of Texas, who is often the benchslapper, once more became the benchslappee when the Fifth Circuit called him out for allegedly making sexist remarks on the bench. [Texas Lawyer]

* Remember Keila Ravelo, the partner who allegedly bilked Hunton & Williams and Willkie Farr out of $7.8 million to lead a life of luxury? Following her November guilty plea on felony charges, she was recently disbarred. [American Lawyer]

* The Supreme Court will hear oral arguments today on the Trump travel ban case. What’s at stake here, aside from the high court potentially allowing the travel ban to become permanent? The legacy of the Roberts Court also hangs in the balance. A decision upholding the ban could very well be the next Dred Scott, Plessy, or Korematsu, and forever marring this Court’s record. [Take Care]

* Is AG Jeff Sessions recusing himself from the investigation into Michael Cohen, or isn’t he? According to the DOJ, Sessions isn’t involved in any investigations “related in any way to the campaigns for president,” but according to news sources, he hasn’t decided to recuse himself from the Cohen probe quite yet. [Politico; Bloomberg]

* Judge John Bates of the District of Columbia has ruled that the Trump administration’s decision to end the DACA program was “arbitrary and capricious” and “virtually unexplained,” and therefore “unlawful.” Judge Bates ordered that the government must not only continue DACA, but accept new applicants. He stayed his ruling for 90 days to give DHS a chance to explain itself. [Washington Post]

* Kyle Duncan, President Trump’s fifteenth federal appeals court nominee who’s known for litigating disputes involving voter ID requirements, same-sex marriage bans, transgender bathroom access, and the Affordable Care Act’s contraceptive mandate, was very narrowly confirmed to the Fifth Circuit. [Big Law Business]

* According to the Harvard Law Women’s Law Association, there’s a glass ceiling at the school. The faculty is “overwhelmingly male,” and the administration is “turning a blind eye” to the success of women once they’re enrolled. Something has to change so women can achieve as much success as their male classmates. [Harvard Law Record]

* Joel Cohen makes the case for appointing a special master to review the attorney-client privilege claims in the case of Michael Cohen (no relation). [Law and Crime]

* A fun profile of Judge Kimba M. Wood (S.D.N.Y.), who’s presiding over the Cohen case — and who “doesn’t need to eat the whole barrel to know it’s not a pickle.” [Politico]

* Circuit judges can play it safe, in the hopes of making it to the Supreme Court someday, or they can be bold (which might help their SCOTUS chances, or might hurt them); Judge James Ho is going for the second approach. [U.S. Court of Appeals for the Fifth Circuit]

* Professor Eugene Volokh: “What is this, Mean Girls: Supreme Court Edition?” [Volokh Conspiracy / Reason]

* Still on SCOTUS, which leading appellate lawyers (according to Chambers & Partners) have the most active practices before the high court? [Empirical SCOTUS]

* What’s the best new legal-information product out there, and what’s the best new product feature or function? Survey says…. [Dewey B Strategic]

* Because having a law school named after him wasn’t enough, Philadelphia trial lawyer Thomas R. Kline is now honored by a giant marble statue. [Philly.com]

* The Wisconsin Supreme Court will decide an important case about academic freedom (and Above the Law gets cited in the amicus brief of the National Association of Scholars — see footnote 29). [Badger Pundit]

* Congratulations to former Miss America winner Deidre Downs Gunn and attorney and writer Abbott Jones on their recent nuptials! [People]

* And congratulations to the recipients of 2018’s Best LGBT Lawyers Under 40 Awards! [LGBT Bar]