The Fish Case aka Grouper-Gate

December 1, 2014

I ran across Justices take the measure of fish case:  In Plain English for SCOTUSblog by Amy Howe, posted on November 5. (I was looking for something to write about, and while you can expect some posts about getting your estate planning in order by 12/31, that would be a snoozer for post #251.) So what’s this fish case aka Grouper-Gate about?

John Yates, a commercial fisherman, got caught with 72 little red groupers, found among 3000 or so other fish. The fish were too small to be legal. (Yes, while there are people who argue that no person is an “illegal,” a caught fish most definitely can be.) Mr. Yates only had 69 little fish when he reached

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Campaign Financing, Citizens United, and Disgust!

November 3, 2014

Tuesday is Supreme Court day here at Mark Rubin Writes. Alas, on the first Tuesday in November in even numbered years, we also have federal elections, which brings to mind a natural nexus between the Court and elections. What‘s the nexus, you ask. Citizens United v. Federal Election Commission, No. 08-205.

Many have heard much about Citizens United. The big play is “corporations are people, my friend,” the statement from Governor Mitt Romney during the 2012 campaign. Here’s a bit of reality about what Citizens United did and did not do, and why it has helped in furthering the destruction of our politics.

Citizens United began as a case about whether the Federal Elections Commission has the constitutional

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Nothing Too Heavy!

October 27, 2014

Not too much going on at the Supreme Court, as the justices get ready for oral arguments beginning on November 3. Before you read on, though, do take a look at Jeffrey Toobin’s October 27 article for the New Yorker, The Obama Brief. It’s a fine review of what is not evident in the day-to-day hubbub:  If not another federal judge gets confirmed—and this could happen if the Senate turns—President Obama has left his mark on the federal judiciary for many, many years.

I ran across Novels Every Supreme Court Justice Should Read by Garrett Epps for The Atlantic on December 17, 2013. Not a single modern novel or best seller appears. Recommenders are Robert Ferguson, a law

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My Monday Afternoon

October 20, 2014

Monday afternoon, I attended a lecture at the Sandra Day O’Connor College of Law at Arizona State University. Harvard Law School Professor Laurence Tribe spoke for two hours, with a final one-hour panel—I had to dash—led by MRW reader Gary Stuart. For lay readers, it takes someone special for me to give up an afternoon, drive to Tempe, walking onto the ASU campus, etc., and this one was an easy call! (Three hours of continuing education credits—the early departure left me with two—factored into my decision to attend.)

The lecture grew out of Professor Tribe’s new book, Uncertain Justice:  The Roberts Court and the Constitution. Professor Tribe focused on four segments, or quartets, given each about 30 minutes.

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Vote!

October 18, 2014

I read Yeah, the GOP Is Evil and Will Win — But the Midterms are Meaningless by Salon writer Andrew O’Hehir early on Saturday, then I read it again. It’s dense and not very clear, but I think I get his point.

Mr. O’Hehir begins by referencing an earlier piece, where he argued that, despite an era of “extreme and perhaps unprecedented executive power,” President Obama cannot get anything done. He tells us the Congressional Democrats have as their mission being “less pathological” than their counterparts, and that the Republicans’ appeal “rests largely on racial panic, xenophobia and anti-government paranoia,” and that their “only visible agenda is obstructionism.”

Congress is flat-ass broken! And I—no surprise here—do believe there’s more fault

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More About the Court in 2014!

September 23, 2014

Appellate attorneys handle cases in appellate courts. Some of us who don’t specialize as much as others handle appeals as part of a regular practice. (I think I have argued about 25 appellate cases over the past 30+ years.) For others, though, it’s all they do.

Then there is the Supreme Court bar. If there’s a formal organization I’m not aware of it, and I—like many, many thousands of others—am admitted to practice before the United States Supreme Court. (Why get admitted to practice before the Court, when having a case before the Court is highly unlikely. Here’s the answer, in “For Lawyers, Joining the Supreme Court Bar is a Vanity Trip” by Orin Kerr.)

No, the Supreme Court bar

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Oh Lord, Where Do I Begin?

August 21, 2014

Oh Lord, where do I begin? The world may be more effed up right now than it has been in my almost 57 years on G-d’s green earth. We have wars or near wars in Ukraine, Syria, Gaza/Israel, Iraq, Afghanistan, and places in Africa I’m ashamed to admit I can’t readily identify on a map. One in seven American families need food assistance from a food pantry or shelter. We have American companies which have discovered the “inversion” tax scam, where they merge with a foreign company to get a new domicile as a tax dodge, while they still expect to do “business as usual” here at home. (Thanks to Walgreens—my daughter’s employer—for passing on this charade!) The world

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Where’s the Suit?

August 10, 2014

When my friend C.M. gets a burr up his backside, he calls me up and tells me he wants to “law” someone. Back home, he says, folks law one another! Who knew?

C.M. comes up with possible suits from time to time. I talk him down from them, pretty patiently. (Haven’t filed one yet!) That’s what good attorneys do, sometimes there’s even a free lunch in it, and the company is always terrific!

Now, if C.M. ever persuaded me to law someone on his behalf, the time between “we’re lawing” and when he expects me to file the suit will be measured in nanoseconds. We know what we’re doing, we’ve talked it to death, just do it!

I mention C.M.

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The Lawsuit

August 2, 2014

I’ve been involved in hundreds of lawsuits. Never in one as silly, though, as the one have we’ve all been hearing about:  House of Representatives v. Obama.

I’ve been pretty quiet about this fiasco the Republicans in the House of Representatives plan to foist on us. Everyone has a limit, though, and I’ve reached mine. Alas, Ms. J tells me I must be civil, and that George Carlin’s Seven Dirty Words are OFF LIMITS! (BTW, the shtick is definitely dated.) So, here’s one link from Huffington Post, GOP Admits it’s Hypocritical To Sue Obama Yet Urge Him To Act Alone On Border Crisis. Before you go all “he’s quoting liberals,” read the piece. It quotes two pretty

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The Suit

July 11, 2014

I’m writing about the suit.

Hugo Boss suit, circa 1998

Hugo Boss suit, circa 1998

No, not the one you see, although it’s an old favorite. About 15 years old. Worn, worn, worn, but it was a beaut in its day. It’s still in my closet, it works if I leave the jacket on, and it still fits, so long as I’m exercising and not eating too, too much!

No, I’m discussing Boehner v. POTUS, Speaker John Boehner’s intended suit against President Barack Obama. Before I get ahead of my comments on this stupid f*cking political stunt, let’s review the bidding.

In June the Speaker announced plans to sue the president for what he claims are abuses of power. House Republicans take umbrage

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