Judicial Notice (07.28.24): Succession
Justice Kagan’s candid comments, a $3 billion legal-tech company, a new GC for Fox News Media, and the law of… chicken fingers?
Hosting your child’s first birthday party is exhausting—and not something the kid will ever remember. But Zach and I did it, and it went smoothly. I’ve been told that no first birthday party is complete until the celebrant cries—as I apparently did at my own—but Chase is such an agreeable baby that he didn’t let loose until after all the guests were gone. Thanks to everyone who attended and helped out, including several readers of this fine newsletter (especially my mom and mother-in-law, who brought homemade turkey lumpia and ice-cream cake, respectively).
And thanks to everyone who tuned in for the recent webinar I moderated about how artificial intelligence is transforming legal recruiting. For anyone who wanted to attend but missed it, Haistack.ai has posted a video of the proceedings.
This week’s testimonial for Original Jurisdiction comes from Wendy R. Leibowitz, a fellow writer and editor: “This is the only legal publication where I not only learn about legal developments, but I care deeply about the author! David brings so much of himself to his writing, which makes his Original Jurisdiction quite original. It brings home the impact that the law has on our lives, our families’ lives, our communities, and our country. I remember when David was hospitalized with Covid—and I felt that I was going to lose a scholar, an important voice, a fellow journalist, and yes, a friend. (We’ve never actually met, though I would recognize him and his children if we ran into each other.) Thank you for expanding my legal world and my personal jurisdiction!” Wendy, the thanks are all mine.
Now, on to the news.
Lawyer of the Week: Kamala Harris.
The biggest news that took place since the last edition of Judicial Notice was President Joe Biden withdrawing from the presidential race—and endorsing Vice President Kamala Harris, who appears to have sewn up the Democratic Party’s nomination. And while I generally don’t bestow Lawyer of the Week honors upon people who happen to be lawyers but make news in another field, I’m making an exception for Harris—because her legal career has been extensively discussed in the past week, as it will be between now and November, and because there are a few legal angles to her taking over at the top of the Democratic ticket.
By now we’ve all heard about how she failed the California bar exam the first time—and we’ll continue to hear about it from Donald Trump, I’m guessing. I don’t think it says much about her ability to serve as president, an office that’s about exercising judgment and leadership, not memorizing the rule against perpetuities or the exceptions to the rule against hearsay.
In contrast, Harris’s record on criminal justice, during seven years as San Francisco district attorney (2004-2011) and six years as California attorney general (2011-2017), is definitely relevant to her candidacy. And it will be heavily scrutinized and hotly debated, since it contains material that can be used by both supporters and critics.
“Wearing the two hats—reform-minded progressive and tough prosecutor—has compelled Harris to perform a balancing act,” in the words of The Wall Street Journal. Or for the Culture Club fans among you, on criminal justice Harris has been a kama kama kama kama kama chameleon (actually a helpful mnemonic for pronouncing her first name—COMMA-la and not kuh-MAHL-uh, per the candidate herself).
There has been talk about whether legal objections could be raised to Harris’s candidacy, in terms of issues like ballot access and campaign finance—including a complaint filed with the Federal Election Commission by Dhillon Law Group, protesting the transfer of Biden’s $96 million war chest to Harris. But according to election-law experts like Ben Ginsberg, Professor Rick Hasen, and Marc Elias, courtroom challenges to Harris succeeding Biden are weak. See (or hear) also Advisory Opinions, where Sarah Isgur and David French interviewed Professor Derek Muller—a right-of-center scholar who similarly predicted that any lawsuits would not affect the course of the election.
Given the leftward lean of the legal establishment, expect the Harris campaign to benefit from some of the best lawyering money can buy. The Harris camp is already receiving help from former U.S. attorney general Eric Holder and his law firm, Covington & Burling, in vetting possible running mates. Paul Weiss partner Karen Dunn, an expert in presidential-debate prep, will reprise her role in preparing Harris (this time for a debate against Trump rather than Mike Pence).
If Harris were to face a serious legal threat to her candidacy, even more top lawyers and law firms would rush to her aid—starting with the 40-plus former Justice Department officials who signed a letter endorsing her. So at the end of the day, I’d say the same thing of Kamala Harris that I’d say of Donald Trump: victory or defeat must come at the ballot box, not in the courtroom.
Other lawyers in the news:
Speaking of San Francisco district attorneys, current DA Brooke Jenkins is being sued by a former employee, Jovan Thomas—who lost his job after sending a “reply all” email to Jenkins and her entire office asking, “What color panties [do] you have on.” According to Thomas’s lawsuit—which alleges invasion of privacy and defamation, among other claims—his “panties” email was misdirected.
Catch him if you can: disbarred Ohio lawyer Richard Louis Crosby III used false identities to land seven law firm jobs—before getting caught and pleading guilty to federal fraud charges.
On a cheerier note, congratulations to the 2024 honorees of “They’ve Got Next: The 40 Under 40,” Bloomberg Law’s fourth annual award recognizing the accomplishments of stellar young lawyers nationwide.
In memoriam: civil-rights lawyer Michael A. Hardy passed away at 69 from cancer. May he rest in peace.
Judge of the Week: Justice Elena Kagan.
The nine justices of the U.S. Supreme Court are off the bench until the first Monday in October. But they can still make news—as did Justice Elena Kagan, in spicy remarks made during an interview in Sacramento at the Judicial Conference of the Ninth Circuit (which she oversees as circuit justice).
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