JD Journal » president obama

Obama Talks about Help from ‘Above’ when Making Decisions

jim — Wed, 08 Feb 2012 15:49:19 +0000

For the past couple of years, President Obama has been attacked by Republicans because of his undying support for Wall Street and for the reform of health care. On Tuesday, while in attendance at the National Prayer Breakfast, Obama said that he receives support from a higher power when it comes to defending his legislative achievements that have become controversial over the past couple of years.

“And so when I talk about our financial institutions playing by the same rules as folks on Main Street, when I talk about making sure insurance companies aren’t discriminating against those who are already sick, or making sure that unscrupulous lenders aren’t taking advantage of the most vulnerable among us, I do so because I genuinely believe it will make the economy stronger for everybody. But I also do it because I know that far too many neighbors in our country have been hurt and treated unfairly over the last few years, and I believe in God’s command to ‘love thy neighbor as thyself.’”

Obama then defended foreign aid, claiming that it meets the requirement in the bible to help those who cannot help themselves or speak for themselves.

“And when I decide to stand up for foreign aid, or prevent atrocities in places like Uganda, or take on issues like human trafficking, it’s not just about strengthening alliances, or promoting democratic values, or projecting American leadership around the world, although it does all those things and it will make us safer and more secure. It’s also about the biblical call to care for the least of these — for the poor; for those at the margins of our society. To answer the responsibility we’re given in Proverbs to ‘Speak up for those who cannot speak for themselves, for the rights of all who are destitute.’”

Things got even more interesting when Obama compared biblical teachings to his asking the wealthiest people in the country to get rid of their tax breaks:

“And I think to myself, if I’m willing to give something up as somebody who’s been extraordinarily blessed, and give up some of the tax breaks that I enjoy, I actually think that’s going to make economic sense. But for me as a Christian, it also coincides with Jesus’s teaching that ‘for unto whom much is given, much shall be required.’”

Obama also said: “I know the version of that Golden Rule is found in every major religion and every set of beliefs — from Hinduism to Islam to Judaism to the writings of Plato.”

Obama has said that he often prays while on his knees. He also stressed the role of his religious beliefs when it comes to leading the country. Obama added:

“I’d be remiss if I stopped there; if my values were limited to personal moments of prayer or private conversations with pastors or friends. So instead, I must try — imperfectly, but I must try — to make sure those values motivate me as one leader of this great nation.”

Obama Nominates Judges for Two Circuits and New Jersey District

jim — Wed, 25 Jan 2012 13:21:07 +0000

On Monday, President Barack Obama nominated a longtime Maine attorney and an Oklahoma judge for judgeships in the First and Tenth circuits. He also nominated a New Jersey magistrate judge for the state’s federal district court.

The names sent to the United States Senate included U.S. Magistrate Judge Robert E. Bacharach of Oklahoma, who was nominated for the tenth circuit; William J. Kayatta Jr. from Pierce Atwood LLP, who was nominated for the First Circuit and U.S. Magistrate Judge Michael A. Shipp from New Jersey, who was nominated for the District of New Jersey.

“I am proud to nominate these outstanding candidates to serve on the U.S. Court of Appeals,” Obama said of Judge Bacharach and Kayatta.

Bacharach has been serving as a magistrate judge since 1999 in the Western District of Oklahoma. He has served as the Tenth Circuit vice president of the Federal Bar Association since 2007.

Bacharach has dealt with 3,000 civil and criminal issues while serving on the bench, has presided over 400 judicial settlement conferences and has issued over 1,600 reports and recommendations in cases with habeas petitions, prisoner civil rights suits, social security appeals and many other civil issues.

Bacharach worked for 12 years with Crowe & Dunlevy PC as an associate prior to being appointed to his judgeship. He became a shareholder in 1994 with the firm. Bacharach earned his bachelor’s degree from the University of Oklahoma in 1981 and his law degree from the Washington University School of Law in 1985.

Kayatta worked as a partner with Pierce Atwood for over 25 years and is serving by special appointment of the U.S. Supreme Court as special master in Kansas v. Nebraska and Colorado. This is an action that involves an interstate water rights dispute. Back in 1986, he was named a partner with the firm and has practiced trial and appellate litigation, arguing two cases in the U.S. Supreme Court and 35 cases in state and federal appellate courts. Kayatta also acts as a regent at the American College of Trial Lawyers, is a fellow of the American Bar Foundation and is a member of the American Law Institute.

Kayatte obtained his undergraduate degree in 1976 from Amherst College and his law degree from Harvard Law School in 1979.

Shipp has been serving as a magistrate judge for the District of New Jersey since 2007 after working four years in the New Jersey attorney general’s office. He first worked there as an assistant attorney general in charge of consumer protection and then as counsel to the attorney general.

“Judge Shipp has a long and distinguished record of service, and I am confident he will serve on the federal bench with distinction,” Obama said.

Shipp previously worked as an associate at Skadden Arps Slate Meagher & Flom LLP from 1995 to 2003. In 1987 he earned his bachelor’s degree from Rutgers University and in 1994 he earned his law degree from Seton Hall University School of Law.

Rick Santorum Discusses his Views on Abortion

jim — Tue, 24 Jan 2012 13:04:28 +0000

Rick Santorum, one of the presidential candidates for the GOP, has explained his opposition to abortion even in the case of rape. He said that women who face these circumstances should “make the best out of a bad situation.”

Santorum went as far as saying that he would help counsel his own daughter should she come to him with such a problem and counsel her to “accept this horribly created” baby, as it is still a gift from God.

“Well, you can make the argument that if she doesn’t have this baby, if she kills her child, that that, too, could ruin her life. And this is not an easy choice, I understand that. As horrible as the way that that son or daughter and son was created, it still is her child. And whether she has that child or she doesn’t, it will always be her child, and she will always know that,” Santorum said.

“And so to embrace her and to love her and to support her and get her through this very difficult time, I’ve always, you know, I believe and I think the right approach is to accept this horribly created — in the sense of rape — but nevertheless a gift in a very broken way, the gift of human life, and accept what God has given to you. As you know, we have to, in lots of different aspects of our life we have horrible things happen. I can’t think of anything more horrible, but nevertheless, we have to make the best out of a bad situation and I would make the argument that that is making the best.”

During Santorum’s run as a legislator and a presidential hopeful, he has campaigned against abortion. As a senator, he has had an obsessive tendency to discuss abortion topics on the Senate floor according to a recent analysis.

Santorum recently called President Barack Obama’s support of women’s reproductive rights “radical and extreme.”

Other advocates against abortion have discussed their views on the topic much like Santorum has in the past. A Tea Party-backed Nevada Senate candidate, Sharron Angle, explained her beliefs about abortion back in 2010. She said that abortions were unacceptable even in cases of girls being raped by their fathers.

“I think that two wrongs don’t make a right,” she said. “And I have been in the situation of counseling young girls, not 13 but 15, who have had very at-risk, difficult pregnancies. And my counsel was to look for some alternatives, which they did. And they found that they had made what was really a lemon situation into lemonade.”

Victoria Jackson Claiming Muslim Brotherhood Overtaking U.S.

jim — Wed, 28 Dec 2011 14:19:01 +0000

Victoria Jackson, the former Saturday Night Live cast member, obtained confidential information that she had special clearance for while working as a web talk show host. Jackson claims that the United States is being overrun by radical Muslims who are bent on bringing the nation under Sharia Law, according to the Huffington Post.

“I just went to a briefing in Washington DC, across the street from the Capitol, at the Longworth building at 8:30 am two days ago and it changed my life,” Jackson said last week on her web show, “Politichicks.” “For six hours, I saw pictures and names and dates and facts and Islamic law books and Korans, Surahs for six hours and they proved to me… that the Muslim Brotherhood has infiltrated our highest positions in government and this is serious.”

Jackson, the actress who turned pundit, also reported testimony from Major Stephen Coughlin. Coughlin was fired from his post back in 2008 at the Joint Chiefs of Staff because many beliebe that he was an anti-Islamic extremist advocate. It was reported that Coughlin’s contract was not renewed when a Gordon England staffer raised questions about his work. At the time, England was the deputy secretary of defense. In January, Coughlin issued a speech during a presentation to the FBI on Muslim extremism.

Jackson claims in the video that hints were dropped of President Obama being a Muslim because is policies favor Muslims and are against Israel. Jackson also claims to have been told that ultimatums used by terrorist groups in the country include conversion or death.

Jackson says that her previous meeting has forever changed her and her outlook on the country. Jackson, prior to her meetings, claimed that Muslims in the country were being led by secret Muslim and terrorist sympathizer President Obama. She said that the Muslims are quietly taking over the government of the United States.

“This new al-Qaida magazine for women has beauty tips and suicide-bomber tips! Gimme a break!” she said in a World Net Daily blog post. “That is as ridiculous as two men kissing on the mouth! And I don’t care what is politically correct. Everyone knows that two men on a wedding cake is a comedy skit, not an ‘alternate lifestyle’! There I said it! Ridiculous!”

Jackson decided to visit the Occupy Wall Street protests at Zuccotti Park earlier this fall in an effort to challenge protestors, but the effort did not work out for her.

“Michelle [sic] Bachmann and Rick Santorum are the only GOP candidates so far to acknowledge the above facts and warn against the present threat of Islamic Law replacing our Constitution,” Jackson wrote at the end of her blog post on the FBI briefing.

Sarah Palin Critical of White House Holiday Card

jim — Fri, 23 Dec 2011 12:30:36 +0000

Sarah Palin, the former Alaska Governor who made a name for herself running for Vice President of the United States in the previous election year, has attacked the holiday card released by the White House this year. Palin attacked the holiday card on Fox News Radio.

The Obamas’ dog, Bo, is on the front of the holiday card, sitting in a Christmas-like setting. The fireplace is decorated with wreaths and red ribbons and there is a table with a poinsettia plant and some presents in the scene as well. The message on the inside of the card, which is signed by the Obama family, and Bo, reads as follows:

“From our family to yours, may your holidays shine with the light of the season.”

Palin called the Obama holiday card ‘odd’ and elaborated on that statement:

“It’s odd,” she said, because the card features the dog and not traditions such as faith, freedom, and family.

“Even stranger than that was his first year in office when the Christmas ornaments included Chairman Mao,” Palin said. “People had to ask that it be removed because it was offensive.”

The incident that Palin speaks of was when a right-wing blog posted a photo, which included an ornament on the White House Christmas tree back in 2009. The ornament was a reproduction of Andy Warhol’s Mao portrait. It was reported back in 2009 by Media Matters that the tree had been decorated by groups from the community and not decorated by anyone within the White House.

Palin went on to say that the majority of American citizens prefer “American foundational values illustrated and displayed on Christmas cards and on a Christmas tree. It’s just a different way of thinking coming out of the White House.”

“I go on the offense like most Americans do and say ‘No, we’ll have Christ back in Christmas and hopefully it won’t offend you,’” Palin said in a November 2010 interview with Fox News.

On Monday, Palin decided to add some fuel to the fire when she discussed her future plans after originally saying she would not run for the 2012 GOP nomination for president:

“It’s not too late for folks to jump in,” she said. “Who knows what will happen in the future.”

Mark Matuszak, a Los Angeles artist, said he was contacted by the social secretary of the White House earlier in 2011 to design the Obama holiday card.

“They wanted to do an inside shot, something home related,” Matuszak told the Los Angeles Times. He said one suggestion was to focus on the family dog, Bo. “So we thought, let’s put Bo in front of a fireplace.”

Recent White House holiday cards have not even included mentions of Christmas, which was the case for the card released by George Bush in 2008.

President Obama Calls Harry Reid and John Boehner

jim — Thu, 22 Dec 2011 12:37:19 +0000

Phone calls from President Barack Obama were made to leaders on Capitol Hill yesterday in hopes of getting a two-month extension of the payroll tax cut. Senate Majority Leader Harry Reid and House Speaker John Boehner received separate calls from the president. An official statement from the White House read as follows:

“In his call to Speaker Boehner, the President reiterated the need and his commitment to work with Congress to extend the payroll tax cut for the entire year, and the fact that the short-term bipartisan compromise passed by almost the entire Senate is the only option to ensure that middle class families aren’t hit with a tax hike in 10 days and gives both sides the time needed to work out a full year solution. The President urged the Speaker to take up the bipartisan compromise passed in the Senate with overwhelming Democratic and Republican support that would prevent 160 million working Americans from being hit with a holiday tax hike on January 1st.”

Speaker Boehner’s aide confirmed to the media that he spoke with the president sometime on Tuesday afternoon, according to the Huffington Post. The aide released the following statement:

“The Speaker reminded the President that the House is the only body that had done what he asked for by providing a full year of payroll tax relief and extended unemployment benefits. He urged the President to call on Senator Reid to appoint negotiators so that we can produce a full-year bill by the end of the year that provides a tax cut of $1,000 rather than only $166. The Speaker told the President that his conference was elected to change the way Washington does business and that we should not waste the next ten days simply because it is an inconvenient time of year.”

It remains up in the air how the payroll tax debate will be resolved, as republican leaders are unmoved by the overture from Obama. It seems that the White House has a better advantage than the rest of the government in this situation. Jay Carney, the White House Press Secretary, was asked multiple times if Obama would help Boehner out of the predicament he is in at the time.

“The president is doing everything he can to help the American people,” Carney replied. “The Speaker is very capable of helping himself by calling a vote on the Senate compromise, a compromise that received the support of 80 percent of the Republican senators and an even greater percentage of Democratic senators.”

Only moments before the White House administration released the statement about Obama’s phone call to Boehner, it was announced that the president would be leaving the White House for an unannounced trip. It was initially believed that Obama was going to speak with Boehner in person. Instead, it was discovered that Obama was heading to Virginia to conduct holiday shopping while his family was out of town. Obama is scheduled to meet up with his family in Hawaii at some point, but that hinges on when the payroll tax cut debate is resolved.

WilmerHale Helps in Effort to Pass Landmark Peace Corps Reform Legislation

rebneely — Fri, 04 Nov 2011 08:00:05 +0000

The United States House of Representatives passed the Kate Puzey Peace Corps Volunteer Protection Act of 2011 on November 1^st. The legislation enacted historic reforms to the Peace Corps’ policies for the prevention of rape and sexual assault of its volunteers and for providing assistance to volunteers who are the victims of sexual assault during their service. The Senate passed the bill on September 26. It has been sent to President Obama, and he is expected to sign it into law.

WilmerHale provided representation for five returned Peace Corps volunteers who were sexually assaulted during their service. The attorneys helped gather and publicize evidence of longstanding, systemic weaknesses in the Peace Corps’ sexual assault prevention and response policies. In addition, the firm provided substantial technical assistance to volunteers and others advocating the newly enacted reforms.

The firm praised Congress for acting, and current Peace Corps Director Aaron Williams for supporting the landmark legislation. WilmerHale’s pro bono team was led by Associates Natalie Adams and Robert Zachary Beasley and Summer Associate Matthew Robinson, and supported by Partners Reginald Brown, Kimberly Parker, Eric Mogilnicki and John Valentine.

Senators Isakson and Boxer and Representatives Ros-Lehtinen, Poe and Tsongas provided congressional leadership. Pro bono public relations support was provided by Michele Davis and Anthony Coley of Brunswick Group.

The bill was named for a Peace Corps volunteer killed in Benin in 2009.

According to the November 2nd legaltimes.com article, “Congress Passes Wilmer-Supported Legislation to Protect Peace Corp Volunteers”, the bill would require the Peace Corps to provide “comprehensive sexual assault risk-reduction and response training” and information about what should be done if a volunteer becomes the victim of sexual assault. It would also establish a sexual assault advisory council and require the agency to keep track of the incidents of sexual assault against volunteers.

Reginald Brown, a Wilmer partner and head of the firm’s congressional investigation practice was quoted as saying: “We are thrilled that Congress and the Peace Corps responded so quickly and comprehensively.”

Brown is a former Peace Corps volunteer; he served in Micronesia from 1990 to 1992. Former Peace Corps volunteers who had been victims of sexual assault contacted him, and from there, he put together a team of lawyers led by second-year associate Natalie Adams.

Brown was quoted as saying: “Natalie led this engagement as a second-year associate. Helping volunteers tell the story of their experiences, preparing for hearings and media events, negotiating with a federal agency and shepherding through legislation in less than a year is quite an accomplishment. Ultimately, the power of our clients’ stories and the sacrifice of Kate Puzey – who died trying to advocate for assault victims – made this legislation a reality.”

With over 1,100 attorneys, Wilmer Cutler Pickering Hale and Dorr LLP has twelve offices across the USA, Europe and Asia. The firm has consistently distinguished itself as a leader in pro bono representation.

High Profile SEC Commissioner Roel Campos Joins Locke Lord Bissell & Liddell

rebneely — Tue, 19 Apr 2011 10:28:10 +0000

Former SEC Commissioner Roel Campos has joined Locke Lord Bissell & Liddell’s Washington, D.C., office as the National Chair of the Firm’s Securities Regulation and Enforcement Practice.

In this role, he will continue to advise corporate boards, executive teams and fund managers regarding raising capital, governance and strategic transactions. In addition, he will be part of the firm’s national White Collar/Internal Investigations Practice Group.

According to the press release at the firm’s website, while serving as a Commissioner at the SEC, Campos represented the SEC internationally and was selected by other international regulators as the Vice Chair of the Technical Committee of the International Organization of Securities Commissions. He has worked with securities regulators in Latin America, Asia, Europe and Australia, and also helped develop international auditing and account standards as Chair of the SEC’s Monitoring Group for the setting of International Standards of Audit. As a Commissioner, Campos also evaluated scores of securities enforcement cases involving allegations of fraud and breach of fiduciary duties.

Campos was recently honored by President Obama by being selected as a member of the Presidential Intelligence Advisory Board (PIAB), an independent citizens advisory board. He previously served on the President Elect’s Economic Advisory Board to the Transition Team.

Firm Chair Jerry Clements was quoted as saying: “Roel brings to this Firm a stellar reputation and an established international track record in the legal and leadership arenas. He will help us strategically grow our national white collar and litigation practices and will work with Partners across Locke Lord to provide clients with unparalleled insight into today’s financial, securities, banking and capital markets areas.”

Global law firm Locke Lord Bissell & Liddell LLP consistently ranks among American Lawyer’s top 100 U.S. law firms and employs nearly 650 attorneys, who serve clients in over thirty practice areas.

DOJ Will Not Defend DOMA

joshua — Wed, 23 Feb 2011 19:55:35 +0000

In a letter to the Speaker of the House, Attorney General Eric Holder has informed Congress that on his advice President Obama has ordered the Department of Justice not to defend Section 3 of the Defense of Marriage Act, on the grounds that it violates the equal protection clause of the 5th amendment to the US Constitution. While this clause has withstood challenges in past appellate cases, there are two cases pending in circuits for which this is a matter of first impression.

The two cases, brought in New York and Connecticut respectively, are Windsor v. United States and Pedersen v. Office of Personnel Management. The DOJ’s deadline for filing a brief in each case is coming up but according to AG Holder, the administration will not be defending the law in court.

State of the Union Preview

joshua — Tue, 25 Jan 2011 11:39:20 +0000

When President Obama addresses Congress and the nation later this evening, he will have two major, often contradictory, goals. Tonight’s speech, officially about governing, is unofficially political. The President must use this State of the Union to begin making the case for reelection while at the same time set up a framework for governance that acknowledges the reality of a divided government. Here’s a preview of what to expect.

Jobs, jobs, jobs

Ultimately, Obama’s fate hinges on voter’s perceptions of the economy. Although there has been a rebound and we’re starting to see growth in the job market, the public perception is still pessimistic. Recent polls indicate that although voters are increasingly optimistic about their own personal finances, they remain less confident about the state of the economy as a whole. Obama needs to convert the positive personal outlook into a broader economic confidence. To do that he will tout administration accomplishments and Department of Labor numbers that support a broader economic recovery. But he has a tough needle to thread, because the millions of Americans still out of work don’t want to hear about how things are getting better while they struggle to find a job. The President also needs to acknowledge the large amount of work that still needs to be done.

To move forward, President Obama must work with a Republican House of Representatives and a divided Senate, still under the narrow control of Democrats. He is helped in this by a Republican majority that has some deep divisions. After the President is done speaking tonight, the Republican response will be delivered by House Budget Chairman Paul Ryan. But there will be an additional, virtually unprecedented response, delivered by Rep. Michelle Bachman, representing the Tea Party caucus. This is emblematic of the difficult job that Speaker of the House Boehner will have over the next two years bringing together the various factions that make up today’s Republican party. Look for Obama to use tonight’s speech to paint himself as the reasonable moderate, willing to reach out to both sides of the aisle to find solutions. If he can set himself up as the sensible center, then it will be the Republicans, and particularly the Tea Party caucus, that feels the heat from the public to compromise.

Short term/long term

The president will emphasize a need to get America working again quickly, but he’s unlikely to stop there. Obama has dropped several hints that he plans to talk about long term job growth and economic infrastructure. Expect to hear lots of adjectives tonight like “creative”, “innovative” and “competitive”. He’ll say that rebuilding our economy for the long term will require additional investment in education so that we have a workforce able to compete in the high tech economy of the future. With new job listings rising faster than new hires and high tech companies commenting that they can’t find enough qualified candidates to fill the openings they have, Obama has ample reason to suggest that we need to refocus on American competitiveness. Bundled into this will be mention of high tech infrastructure projects like high speed rail and alternative energy sources.

Obama will also talk about the quality of the jobs of the future. It’s not enough to get everyone working again, we need to focus on jobs that will grow the economy, not just get people by. Expect to hear the President talk about jobs with good benefits, and use that as a segue way into defending the health care reform bill. Polls have shown that while individual components of the bill remain unpopular, a majority of voters oppose repeal, and the President can use this issue to paint the Republicans as obstructionists, out of touch with the will of the people.

Rally the base/recapture the center

As a political speech, the President needs to reinvigorate the people that put him in office. Support among the liberal base has eroded and the independents who overwhelmingly voted for him in 2008 have deserted him. He needs to bring both groups back into the flock. To rally the base, he’ll mention the repeal of “Don’t ask, don’t tell”. To recapture the center, he needs to return to what they liked about him as a candidate – a different kind of politics.

In the aftermath of the Tucson shooting which left one Congresswoman in the hospital and took the life of a federal judge along with several others including a 9 year old girl, Obama has made civility a major theme. Tonight will undoubtedly carry that forward. I expect an entire section of the speech to be devoted to reconciliation. The President will probably mention the large number of Senators and House members who have chosen to buck tradition and cross the aisle to sit together for the speech and remind us that even though our approaches to government may differ, our objectives are the same. In addition, he will probably pepper references to common ground and civility throughout the speech.

The Response

The Republican response will be delivered by Paul Ryan, Chairman of the House Budget committee. It is no accident that the Republicans are fielding an economic conservative to make their case. Ryan will not use the speech as an opportunity to attack the president directly, which would put Republicans on the wrong side of the civility issue. He will lay out the need for deep cuts in federal spending, which puts the Republicans in line with a majority of the country. But don’t expect to hear too many specifics – everyone wants less federal spending but nobody wants Congress to cut programs that benefit them.

Michelle Bachman, a darling of the Tea Party, will also deliver a response. She will be far less likely to moderate her tone or her criticisms of the current administration. Health care repeal, the debt ceiling, and deep cuts to taxes and spending will be her central themes. With recent indications from Tea Party organizers that everything is on the table, including defense spending, Bachman might be more willing to discuss specific cuts to the budget.

Discussions on Opening up India’s Legal Market Dropped from President Obama’s Agenda During Trip to India

joshua — Fri, 12 Nov 2010 14:04:36 +0000

During President Barack Obama’s highly publicized trip to India this week that was to focus on boosting trade and security ties between both countries, discussions about opening up the legal market in India were removed from the agenda.

According to the article at amlawdaily.com, Edwards Angell Palmer & Dodge corporate partner Shahana Basu Kanodia, chair of the firm’s South Asia practice, told Legally India’s Kian Ganz that opening up India’s legal market to foreign firms was a relatively low priority and had been sidelined in favor of discussions on job creation and democracy.

Ganz noted that when British Prime Minister David Cameron visited India this summer, he was accompanied by Clifford Chance outgoing senior partner Stuart Popham, who felt confident India would lift restrictions on foreign lawyers by 2012.

However, Edwards Angell’s Kanodia was more pessimistic about the future of foreign lawyers in India. She told Legally India’s Ganz, that the country’s legal market would likely remain closed until 2015, primarily because Indian businesses didn’t see the benefit in allowing foreign firms to practice locally.

The National Law Journal, a sibling publication, reports that last week, American Bar Association president Stephen Zack sent a letter to the President asking him to push the Indian government to drop its ban on foreign lawyers practicing or maintaining offices in the country.

Zack, a litigation partner at Boies, Schiller & Flexner in Miami, wrote that U.S. lawyers and their firms were being unfairly treated in India and that further restrictions of foreign lawyers would undermine goal of increasing trade between the two countries, The NLJ reports. Zack said he does not expect a response from Obama until the president returns to the country next week.

Morning Roundup

joshua — Mon, 04 Oct 2010 13:53:17 +0000

Good morning everyone! Today is Monday, October 4th. Here’s a quick look back at Friday’s stories.

Chicago Based SmithAmundsen opened an office in St. Louis…

Sidley Austin enlisted a former assistant U.S. Attorney as practice head…

The newly formed Stewart Dugger & Dean will launch in early 2011…

Former law firm partner Eric Wisler was charged with bribing State Senator Wayne Bryant…

President Obama announced the nomination of Jimmie V. Reyna to the U.S. Court of Appeals for Federal Circuit….

Obama Announces Nomination of Jimmie V. Reyna to U.S. Court of Appeals for Federal Circuit

joshua — Fri, 01 Oct 2010 14:06:23 +0000

On September 29, 2010, President Obama announced the nomination of Jimmie V. Reyna to the United States Court of Appeals for the Federal Circuit (CAFC).

Mr. Reyna is a partner in the Washington, DC office of Williams Mullen. He sits on the firm’s board of directors, and directs the firm’s International Trade and Customs Practice Group.

The CAFC has nationwide jurisdiction of appeals arising from a range of courts, including federal district courts, the Court of International Trade, and the U.S., Court of Claims. The jurisdiction of appeals also arises from a variety of agencies involving a number of subject matter areas, including international trade, government contracts, patents, trademarks, and certain money claims against the United States government.

With over three decades of legal experience and 24 years as an international trade practitioner, Mr. Reyna is well qualified to serve on the CAFC bench. Mr. Reyna has been a valued and effective advocate for corporate clients in a broad range of U.S. and foreign venues. He has authored numerous books and articles on international trade, trade policy and customs. He has earned a stellar reputation as a practitioner and a scholar.

Mr. Reyna has a long record of service to the legal profession and the community. He served on numerous positions in the American Bar Association (ABA) and the HNBA. He served as HNBA National President from 2006-2007. He founded the HNBA Journal of Law and Policy, and has served as its Editor-in-Chief for many years. He also has a record of service with the National Hispanic Leadership Agenda, the ABA Presidential Commission on Diversity and the ABA House of Delegates, and within the ABA International Law Section. For over ten years, Mr. Reyna has been a director of Community Services for Autistic Adults and Children, a service organization in Maryland. He has mentored many lawyers and law students over his 30-year career. In 2009, the Government of Mexico honored Mr. Reyna with its Ohtli Award, in recognition of his contributions to opening pathways for the Mexican-American and Latino communities in the United States.

The HNBA is an incorporated, not-for-profit, national membership organization that represents the interests of the more than 100,000 attorneys, judges, law professors, legal professionals, and law students of Hispanic descent in the United States, its territories and Puerto Rico.

Morning Roundup

joshua — Fri, 18 Jun 2010 11:16:37 +0000

Good morning everyone! Today is Friday, June 18th. Here’s a quick recap of yesterday’s stories.

President Obama selected Fried Frank partner Michael R. Bromwich to lead the administration’s efforts in targeting regulation corruption in the regulation and oversight of offshore oil drilling…

Jones Day laid off staff at its Dallas and Los Angeles offices…

CA based Mesa Law Group began offering clients a new Loan Modification & Finance Preparation Program…

Fried Frank Partner To Lead Obama’s Oil Drilling Overhaul

joshua — Thu, 17 Jun 2010 17:22:29 +0000

Fried Frank partner Michael R. Bromwich was selected this week by President Obama to lead the administration’s efforts in targeting corruption in the regulation and oversight of offshore oil drilling in the wake of the BP Gulf of Mexico oil spill.

According to a firm press release, Bromwich will lead the effort to reform the Minerals Management Service, the agency of the U.S. Department of Interior charged with the management of the nation’s natural gas, oil and other mineral resources. He will be responsible for developing plans for a new oversight structure for environment and safety regulation.

Bromwich has been with Fried Frank since 1999. While at the firm, he has led a number of investigations involving a variety of organizations ranging from federal agencies to local police departments in Houston and Washington. Prior to joining Fried Frank, Bromwich served as inspector general for the Department of Justice from 1994 to 1999.

Fried, Frank, Harris, Shriver & Jacobson LLP is a leading international law firm with more than 500 attorneys in offices in New York, Washington, D.C., London, Paris, Frankfurt, Hong Kong and Shanghai.

Morning Roundup

joshua — Tue, 11 May 2010 14:09:06 +0000

Good morning everyone! Today is Tuesday, May 11th. Here’s a brief look at yesterday’s stories.

Bowie & Jensen Opens Manhattan Office…

Facebook Hires Tim Muris To Help Clean Up Its Act…

Oprah Seeks To Compel Testimony Of Former Patent Prosecutor…

Elena Kagan Nominated By Obama For Supreme Court…

Morning Roundup

joshua — Fri, 07 May 2010 18:45:00 +0000

Good day everyone! Today is Friday, May 7. Here’s a quick look back at yesterday’s stories.

Erin Brockovich Joins Forces With Weitz & Luxenberg, P.C. to Assist Victims of BP Oil Spill…

Foley & Lardner announced yesterday seven lawyers from Lovells LLP have joined the firm…

A challenge to the US Defense of Marriage Act began…

Arizona a ‘Laughingstock’? House Passes ‘Birther Bill’

joshua — Thu, 22 Apr 2010 18:28:36 +0000

The “birther movement” which questions the citizenship of President Obama, has been touched on before here, mainly in the form of No. 1 birther Orly Taitz. Well, now it’s gained a bit of steam, at least in the Southwest.

The Arizona House this week passed a “birther bill” that requires the secretary of state to review a presidential candidate’s birth certificate before it can be placed on a ballot in the state.

The bill was passed by a 31 to 29 vote with only Republicans voting in favor. It now goes to the state Senate. The Arizona Republic dutifully notes several Republicans joined with Democrats to oppose the bill, and that Arizona Secretary of State Ken Bennett questions its constitutionality.

The story also touches on what it called Arizona’s growing reputation as “a national joke because of its legislative actions.”

“This is the straw hat will break the state’s back,” Rep. Kyrsten Sinema told the paper. “We are the laughingstock of the nation.”

In a CBS News report on the bill, it notes the “birther movement” began during the presidential campaign “and has steadily persisted through Mr. Obama’s presidency, in spite of overwhelming evidence he was born in the United States, including his 1961 birth announcement, printed in two Hawaii newspapers.”

In Hawaii, where the Health Department continues to receive between 10 and 20 e-mails a week seeking verification of Obama’s birth, lawmakers have responded with a bill that would give government agencies the right not to respond to follow-up requests for information if the request is too similar to the first.

It passed a joint House-Senate conference committee Tuesday.

Under the proposed legislation, people who persist on making requests would be declared a “vexatious requester” by the Office of Information Practices, which would place restrictions on accessing government records for two years.

Weil Gotshal Nabs Former Senate Committee Special Counsel

joshua — Thu, 22 Apr 2010 16:07:58 +0000

Heath Tarbert, former special counsel to the U.S. Senate Committee on Banking, Housing and Urban Affairs, has joined Weil, Gotshal & Manges as counsel.

Tarbert was a lead expert and negotiator in Capitol Hill’s effort to enact comprehensive financial reform legislation that came in the wake of the economic meltdown. He provided a particular focus on prudential regulation of banks, thrifts, non-bank financial institutions and their holding companies, as well as measures aimed at the reduction of systemic risk in the U.S. financial system, the firm said in a press release.

Tarbert also served as associate counsel to President Obama from August 2008 to January 2009. He was at the center of the legal decision-making during the financial crisis that intensified after the collapse of Lehman Brothers in September 2008.

“Heath has made an invaluable contribution to the committee’s work on financial regulatory reform,” said Richard Shelby, ranking member of the Committee on Banking, Housing and Urban Affairs. “His expertise and dedication will be sorely missed. I am grateful for his service and wish him all the best as he takes on a new challenge.”

Tarbert is the third notable public figure to recently join Weil Gotshal. He follows the arrival of William Burck, former special counsel to the president and federal prosecutor, and Steven Tyrell, former chief of the U.S. Department of Justice’s Fraud Section.

Weil Gotshal’s Washington office was established in 1975 and has 30 partners and 81 attorneys.

Sullivan & Cromwell Lawyers Takes Lead in Goldman Sachs Case

joshua — Wed, 21 Apr 2010 21:37:31 +0000

The decision by the SEC to file civil fraud charges against Goldman Sachs has been big news over the last week or so. On Wednesday, Reuters provided a profile of the Goldman Sachs legal team, which features several Biglaw heavy hitters.

The lead lawyer in the Goldman Sach’s defense is Richard Klapper, a partner at Sullivan Cromwell since 1987 who has represented several big financial firms to victories in the past.

Reuters describes Klapper as a lawyer who “keeps a low profile…(and) is a fearsome litigator.

The story cites Klapper’s previous wins, which includes a role as a lawyer representing Barclays in 2007 in a class-action suit filed by Enron Corp. shareholders against banks that advised Enron before its collapse in 2002.

“It’s certainly fair to say ‘formidable’ is the right word for him,” Charles Whitehead, a securities law professor at Cornell and former attorney at Sullivan & Cromwell told Reuters.

“He’s diligent and very, very focused,” Whitehead said. He goes on to note Klapper does not have a lengthy biography on the firm’s website because “he does not brag.”

Joining Klapper on the Goldman defense team is Gregory Craig, a former White House Counsel to President Obama who Politico said was brought on to aide in political and legal matters. Craig practices in Washington D.C. as a partner at Skadden Arps Slate Meagher & Flom.

Also part of the defense team, sources told Reuters, is Vince DiBlasi, another Sullivan & Cromwell attorney who has experience representing high-profile individuals in SEC investigations.

The story goes on to note Sullivan & Cromwell is regarded as a “top corporate go-to law firms in the country” that has “a long-standing relationship with Goldman Sachs.”

Morgan Lewis Partner Nominated to U.S. Attorney Post

joshua — Mon, 19 Apr 2010 17:43:38 +0000

President Obama has nominated Zane D. Memeger, a partner to Morgan, Lewis & Bockius, to become the U.S. attorney in Southeastern Pennsylvania.

Memeger is a former prosecutor who spent 11 years as an assistant U.S. attorney before joining Morgan Lewis in 2006, the Philadelphia Inquirer reports. At Morgan Lewis, Memeger represents corporate and white-collar clients facing criminal investigation. A spokesperson for Morgan Lewis declined comment on the nomination, other than to say Memeger was “honored” to be selected.

Memeger, who is a former mob prosecutor, was recommended to Obama by both of Pennsylvania’s U.S. senators, Bob Casey and Arlen Specter. Specter said Memeger had “excellent professional and academic credentials and a strong commitment to justice.”

Memeger would oversee an office of 130 prosecutors and 100 support staff if confirmed by the U.S. Senate.

Dawn Johnsen Withdraws OLC Nomination

joshua — Fri, 09 Apr 2010 23:48:21 +0000

Score one for the Republicans. Dawn Johnsen announced Friday she is no longer under consideration to lead the Justice Department’s Office of Legal Counsel. Johnsen’s Senate confirmation for the post had been delayed for more than a year because of strong opposition from conservatives, largely because of her views on abortion rights. Johnsen, who was approved by the Senate Judiciary Committee last month, on Fridayacknowledged she was never going to get a final Senate confirmation vote.

“Restoring OLC to its best nonpartisan traditions was my primary objective for my anticipated service in this administration,” Johnsen said in a statement. “Unfortunately, my nomination has met with lengthy delays and political opposition that threaten that objective and prevent OLC from functioning at full strength. I hope that the withdrawal of my nomination will allow this important office to be filled promptly.”

In its own statement, the White House declared “it is now clear that Senate Republicans will not allow her to be confirmed.”

Johnsen was first nominated in early 2009 and then was renominated by President Obama earlier this year. She remains on faculty at Maurer School of Law at Indiana University where she teaches Constitutional law. She is also a former deputy assistant attorney general, a position she held from 1993 thru 1996.

Obama Expects Quick Action in Replacing Justice Stevens

joshua — Fri, 09 Apr 2010 19:46:36 +0000

In remarks made at the White House acknowledging the pending retirement of Supreme Court Justice John Paul Stevens, President Obama promised to move quickly in naming a potential successor.

“We cannot replace Justice Stevens’ experience or wisdom,” Obama said, according to the Associated Press.“I’ll seek someone in the coming weeks with similar qualities: an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law and a keen understanding of how the law affects the daily lives of the American people. It will also be someone who, like Justice Stevens, knows that in democracy powerful interests must not be allowed to drown out the voices of ordinary citizens.”

Stevens is slated to retire when the court breaks for a summer recess either in late June or early July. The high court will reconvene in October. Democrats are hoping with their 59-vote majority in the U.S. Senate, the confirmation process of an expected liberal-leaning nominee can be completed prior to this fall. Republicans, however, have not ruled out attempts at delaying the process, the AP reports.

According to reports, the leading candidates to replace Stevens are Solicitor General Elena Kagan, and federal appellate judges Merrick Garland (Washington) and Diane Wood (Chicago).

Nevada Governor Throws Health Care Hail Mary

julie — Wed, 07 Apr 2010 05:11:35 +0000

Nevada Attorney General Catherine Cortez Masto has refused to join the suit against the Health Care Law that President Obama signed late last month. Cortez Masto wrote in a letter to the Governor, “In my professional judgment, joining the litigation filed by 14 other states, as you have suggested, is not warranted by existing law at this time.” Governor Jim Gibbons has moved on without her, however, and hired Mark Hutchison from the Las Vegas law firm of Hutchison & Steffen as Special Legal Counsel to the Governor. Mr. Hutchison will be working pro-bono on the case. Gibbons is quoted, “The arrogance of this Administration to force all Nevadans to purchase something (health insurance from private companies) or face IRS penalties is outrageous and wrong.”

It’s curious that Gibbons is finally on the popular side of an issue in Nevada. Just two years ago his approval rating was hovering around 10%. Since taking up the gauntlet on the Health Care Law his approval rating has gone up, putting him in the very unlikely position of actually being a competitive candidate for reelection.

Ogden Rejoins WilmerHale After Year as DOJ’s No. 2

joshua — Mon, 05 Apr 2010 19:01:34 +0000

David W. Ogden, who spent more than a year as deputy attorney general of the United States before leaving that post last month, has rejoined WilmerHale as co-chair of its government and regulatory litigation group.

Ogden was previously a partner at WilmerHale from 2001-2009. He joined President Obama’s Justice Department transition team before becoming the second ranking official and chief operating officer at the DOJ. In that role he supervised the department’s 110,000 employees and a budget of almost $30 billion.

William J. Perlstein, co-managing partner at WilmerHale, commented on the addition in a press release.

“During his time as Deputy Attorney General, (Ogden) played a significant role in revitalizing the department and accomplished a great deal while seeking justice for the American people,” Perlstein said. “David is an outstanding lawyer with keen legal judgment. We’re all eager to begin working with him again.”

During his previous stint with WilmerHale, Ogden specialized in high-stakes international legal disputes, major government investigations and litigation, and complex civil matters.

WilmerHale has approximately 1,100 attorneys worldwide. In addition to Washingtonm D.C., the firm has offices in Boston, Los Angeles, Palo Alto, Waltham, Mass., London, Brussels, Berlin, Beijing, Oxford and Frankfurt.

It’s recess time!

joshua — Tue, 30 Mar 2010 13:26:12 +0000

Article II Section 2 of the US Constitution reads “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

When the Constitution was ratified, Congress was a part time job. Representatives met in Washington for approximately 3 months per year and then returned home to tend to their full time lives and occupations. The recess clause allowed the President to ensure the smooth operation of government by granting the office the power to temporarily appoint senior officials without the advise and consent of the Senate, but required the Senate to confirm them prior to the end of its next session.

While many good and loyal servants have obtained their office through recess appointments, this power has also been used in controversial ways dating back to George Washington, who appointed John Rutledge to the position of Chief Justice to the Supreme Court with a recess appointment. Rutledge held some controversial political views and had been accused of mental illness and the Senate declined to uphold the appointment. Rutledge resigned the position after attempting suicide.

Recesses in the Senate today are much shorter, leading some to question the continued need for this clause. Additionally, the clause has been construed by the 11th Circuit in Evans v Stephens(387 F.3d 1220) to include intra-session recesses, which are typically even shorter, as well as inter-session breaks.

In recent years, the recess appointment power was used by President George W. Bush for the controversial nominations of John Bolton as UN Ambassador along with William Pryor and Charles Pickering to seats on the appellate court after Democrats filibustered the nominations. In total, President Bush made 171 recess appointments. After the Democrats took back the Senate, Majority Leader Harry Reid blocked further recess appointments for the rest of President Bush’s term in office by holding pro-forma sessions instead of letting the Senate stand in recess.

Last week, President Obama made 15 recess appointments, including the controversial nomination of former union lawyer Craig Becker to the National Labor Relations Board. For a full list of the recess appointments and some background information on each, see this article at the Blog of the Legal Times.

Morning Roundup

joshua — Mon, 29 Mar 2010 12:18:25 +0000

Good morning everyone! Today is Monday, March 29, and here’s a look back at Friday’s news to start off the new week.

Jones Walker has opened a new office, in an unusual place…

A Minnesota law firm has uncovered documents linking the Pope to the sexual abuse scandals rocking the church…

Akin Gump acquired a liberal lobbying firm…

A telemarketing company has been found in violation of the Do Not Call Registry and banned from making any more calls…

DLA Piper has established a presence in Turkey…

Weil Gotshal led the legal world in Mergers and Acquisitions for the first quarter of this year…

Greenberg Traurig picked up 3 lawyers from Kirkland & Ellis in London…

A Pennsylvania court has refused to grant a divorce to a gay couple married in Massachusetts…

and President Obama announced another US Attorney nominee…

President Obama Nominates Melinda Haag for U.S. Attorney for Coastal Northern CA

joshua — Fri, 26 Mar 2010 12:55:51 +0000

President Obama nominated Melinda Haag, a San Francisco attorney and former federal prosecutor, on Thursday to become U.S. attorney for coastal Northern California.

If the Senate confirms her appointment, Haag would become the first woman to hold the position in San Francisco since Annette Adams. She served from 1918 to 1920.

In the Friday March 26 San Francisco Chronicle article, Sen. Barbara Boxer, D-Calif, who recommended her to the President, was quoted as saying that Haag ”is well-respected in the California legal community and will bring more than two decades of experience handling white-collar crime cases to the U.S. attorney’s office.”

Haag is currently a partner at Orrick, Herrington and Sutcliffe, an international law firm based in San Francisco.

Landmark Legal Foundation Will Sue if ‘Slaughter Rule’ Used to Enact President’s Health Care Plan

joshua — Thu, 18 Mar 2010 12:46:30 +0000

Yesterday, Mark R. Levin, president of Landmark Legal Foundation, a nonprofit, public interest law firm with offices in Kansas City, Missouri and Leesburg, Virginia, said it will sue the President, Attorney General Eric Holder and other relevant cabinet members if they try to use the “deem and pass,” “self-executing,” or “Slaughter Rule” to enact H.R. 3590, the legislative version of President Obama’s healthcare proposal, previously approved by the Senate.

According to the March 17 press release at PR Newswire: “Landmark has already prepared a lawsuit that will be filed in federal court the moment the House acts. Such a brazen violation of the core functions of Congress simply cannot be ignored. Article I, Section 7 of the Constitution is clear respecting the manner in which a bill becomes law. Members are required to vote on this bill, not claim they did when they didn’t. The Speaker of the House and her lieutenants are temporary custodians of congressional authority. They are not empowered to do permanent violence to our Constitution.”

Justice Roberts Questions Attendance at State of the Union

joshua — Wed, 10 Mar 2010 18:10:54 +0000

Speaking at the University of Alabama Law School Tuesday, U.S. Chief Justice John Roberts touched on several noteworthy topics, including the tradition of justices of the High Court attending the president’s annual State of the Union address. He called President Obama’s first such address, in which the president criticized the Supreme Court for its ruling on corporate campaign financing, “very troubling.” The annual speech on Capitol Hill has “degenerated into a political pep rally,” Roberts said.

According to the Associated Press, Roberts said: “There is the issue of the setting, the circumstances and the decorum. The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court — according the requirements of protocol — has to sit there expressionless, I think is very troubling.”

Roberts also gave his thoughts on the way the Senate confirms justices. He cited the tendency of some senators to politicize the process with questions they know can’t be answered because of judicial ethics rules.

“I think the process is broken down,” Roberts said.

In other remarks, Roberts made light of a recent rumor that he was leaving the court and also said he didn’t know until he reached law school that he in fact wanted to be a lawyer.

Roberts is the ninth justice since 1996 to lecture at Alabama.

Heard it from a friend who…

joshua — Fri, 05 Mar 2010 16:55:04 +0000

There are three things I miss about the 80′s. 1) The music 2) Judicial Nominees getting a floor vote and 3) News outlets that weren’t so pressed to provide minute by minute updates and took the time to research and verify stories before going to press.

Anyone else remember listening to REO Speedwagon on vinyl, or maybe with one of those newfangled Walkman thingies? In 1981 REO Speedwagon released “You Take it on the Run” which started off with this line: “Heard it from a friend who heard it from a friend who heard it from another you’ve been messing around…”

What does this have to do with the law, legal appointments or news outlets? Earlier this week a rumor spread like wildfire through the blawgosphere that Chief Justice John Roberts was about to retire. Numerous outlets ran with the story, first reported by Radar Online.

I’d like to engage you in a small intellecutal exercise. Name three things that would compel John Roberts to allow President Obama name his succesor. I’ll wait.

Still stuck? Ok, name one thing. No? Me either.

Everyone that reported on the story is now frantically posting retractions. We’re happy to say we abstained from the initial feeding frenzy (although my poor liberal heart just about burst with excitement until I thought about it for half a second).

The source of the rumor appears to have been a law school exercise in trusting informants gone horribly, and ironically, wrong. Abovethelaw.com has tracked it down to a 1L class at Georgetown Law where a professor giving a lecture on informants and probable cause started the class by telling his students he had reliable sources that he couldn’t reveal that told him Roberts would be stepping down, and admonished the class not to tell anyone. Within 10 minutes, RadarOnline had the story and ran with it. 30 minutes after making the announcement, the professor retracted it, saying it was a lesson in how an otherwise reliable source could give bad info. Did the professor not realize that his students all had cell phones with text capabilities and laptops tapped into the university network? And how gullible were these students, RadarOnline, and every other blog that ran with the story?

There’s a larger lesson here. We, the information craving public, are equally to blame for stories like this one. Our incessant demand for minute by minute updates has created a media that must publish non stop to satisfy our ravenous desires.

Obama Nominee Dawn Johnsen Gains Committee Approval

joshua — Thu, 04 Mar 2010 20:33:46 +0000

Dawn Johnsen, President Obama’s selection to lead the Justice Department’s Office of Legal Counsel, gained approval from the Senate Judiciary Committee Thursday and her nomination will now be forwarded to the full Senate.

Johnsen was approved by a 12 to 7 vote that ran according to party lines. Republicans remain critical of Johnsen for comments she has made in the past with regards to abortion and national security. If approved, Johnsen would serve as a top aide to Attorney General Eric Holder.

Johnsen was first nominated to be an assistant attorney general in March 2009 and was subsequently approved by the Judiciary Committee. However, she failed to gain full confirmation when the Senate elected not to conduct a vote prior to its winter recess. She was renominated by Obama on Jan. 20.

Johnsen is currently on faculty at Maurer School of Law at Indiana University where she teaches Constitutional law. She is also a former deputy assistant attorney general, a position she held from 1993 thru 1996.

Obama Nominates Four U.S. Attorneys

sara — Fri, 26 Feb 2010 17:43:34 +0000

President Obama announced four new nominations for U.S. Attorney this week:

Laura Duffy has been nominated in the Southern District of California. She is currently the Assistant U.S. attorney and has worked in the Southern District 1997. She would replace interim U.S. Attorney Karen P. Hewitt, who has held the position since Carol Lam was forced out in a 2006 “purge”.

Wilfredo Ferrer has been nominated in the Southern District of Florida. He is currently the assistant Dade County, Florida Attorney and served as deputy chief to then Attorney General Janet Reno. He would succeed R. Alexander Acosta, who stepped down last summer. Acosta’s Deputy Jeffrey H. Sloman is acting U.S. Attorney until Ferrer is confirmed.

Alicia Limtiaco has been nominated in Guam and the Northern Mariana Islands. She will replace U.S. Attorney Leonardo Rapadas, who has served since 2003.

John B. Stevens Jr. has been nominated in the Eastern District of Texas. He is currently a Jefferson County, Texas, Judge and would succeed Rebecca Gregory.

Tribe Headed to Justice Department

sara — Fri, 26 Feb 2010 16:45:53 +0000

Laurence Tribe, prominent Harvard Law professor and generally considered one of the foremost liberal constitutional law scholars and Supreme Court practitioners in the country (he has appeared before the Supreme Court 34 times), will join the Justice Department next week to serve as a senior counselor for “access to justice”. In this role Tribe will focus on increasing legal access for the poor. Tribe has taught at Harvard Law since 1968 and will take a leave of absence when he joins the DOJ.

This turn of events comes a week after senior officials at the Justice Department appeared at a Washington conference to draw attention to large caseloads handled by public defenders and other struggles in providing legal aid to economically disadvantaged defendants. For example, there are cases of juvenile defendants forced to go to court without seeing a lawyer because of a lack of access to legal services.

Tribe has had a storied and prominent career. His formers pupils include President Obama, whom he backed in the last election, Supreme Court Chief Justice John G. Roberts Jr. and US Solicitor General Elena Kagen. Tribe was a part of Gore’s legal team during the election recount in 2000. He has argued before the Supreme Court 34 times on behalf of gay rights, in support of busing to integrate schools, to defend “dial-a-porn” services as free speech and against a rule that forbade mentioning abortion in federally funded family planning clinics. In 1987 he was a key witness against Robert Bork during Bork’s nomination hearings.

Tribe has done extensive pro bono work involving victims rights, including representing migrant workers injured by large farming companies, tenant farmers in Hawaii who wanted land reforms and representing plaintiffs who sued Tobacco companies for their deliberate deception of the health effects of cigarettes.

Additionally Tribe has written several works, including “American Constitutional Law”, often referenced as one of the most cited legal texts of the past half century.

Governor Rick Perry To Sue the EPA

sara — Fri, 19 Feb 2010 17:27:45 +0000

Governor Rick Perry of Texas announced during a press conference on Tuesday that he will sue the United States Environmental Protection Agency on “behalf” of his state in order to stop the agency’s regulation of global warming pollution. Perry says that his intention is to, “defend Texas’ environmental successes against federal overreach. “ He went on to criticize President Obama’s approach to environmental policy. He said the Obama Administration is “…using sweeping mandates and draconian punishments to force a square peg of their vision into the round hole of reality “

The “meat” of Perry’s argument is based upon the “ClimateGate” emails leaked to the public months ago. Texas Attorney General Greg Abbott charges that the emails are “tainted” evidence used by the EPA to determine in December that heat trapping gasses are a health threat that can be regulated by the United States government and the agency specifically.

Perry and other Texas officials submitted a “Petition for Review” to the EPA. In the overview section of the report the petition questions the conclusions of the United Nations International Panel on Climate Change (IPCC), a body considered generally to be a reliable and important source of information regarding climate change. The petitions states in part:

“Previously private email exchanges among top IPCC climatologists reveal an entrenched group of activists focused less in reaching an objective scientific conclusion than on achieving their desired outcome. These scientists worked to prevent contravening studies from being published, colluded to hide research flaws, and collaborated to obstruct the public’s legal right to public information under open records laws.”