1/ THREAD. Justice Breyer’s book — which his publisher touts as written by “a sitting justice” — comes out in September, as @adamliptak reported earlier today. I don’t think Justice Breyer is retiring before then.
2/ Additional evidence suggesting Justice Breyer might not want to retire this year or this Term appears in this piece by @adamliptak for the @nytimes.

nyti.ms/3fpmlDY #scotus
3/ As Professor Ross Stolzenberg told @adamliptak, leaving #SCOTUS is correlated with a shorter life span — “the effect of retirement was about the same as smoking two packs of cigarettes a day.”
4/ Now, that’s correlation, not causation — but to me it suggests that justices generally derive a lot of satisfaction and meaning from their work, often hanging on as long as they can do the job. #scotus #appellatetwitter
5/ And as I’ve mentioned before, Justice Breyer hired two clerks in short order a few weeks ago, after having hired the first two long ago.

(Here’s some background on #SCOTUS clerk hiring and retirement.)

bit.ly/3t4GXqt
6/ My read: Justice Breyer hired just two law clerks because he was mulling over retirement, then he hired the last two clerks once he decided to stay for one more Term.

bit.ly/3d5Owb0 #SCOTUS

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More from @DavidLat

17 May
1/ THREAD. Big news out of #SCOTUS this morning. This abortion case, Dobbs v. Jackson Women’s Health, could be one of the biggest (and most divisive) rulings in years.
2/ I don’t expect Roe or Casey to be overruled outright. Chief Justice Roberts has already shown a concern for precedent in the area of abortion (see his vote in June Medical). #SCOTUS #appellatetwitter
3/ And I don’t think Justice Kavanaugh, also mindful of precedent, wants to be as vilified as the fifth vote for outright overruling Roe would be (as I discussed with @mckaycoppins of @TheAtlantic for his recent profile of Kavanaugh).

bit.ly/3w5PPNM
Read 8 tweets
11 May
1/ THREAD. I’m not in the self-help or self-improvement space — I write about #SCOTUS, law firms, and other legal stuff — but if you’ll indulge me, I have some life advice to share.
2/ This is a bit cliched, but your life is YOUR LIFE — and if you’re not happy with it, it’s on you to change it.

You care the most about it, and you’re in the best position to improve it.
3/ Last year, I had a near-death experience with #COVID19, which put me in @NYULangone for three weeks, including a week on a ventilator.

It sucked, obviously, but it was a wake-up call.
Read 23 tweets
10 May
1/ Here are the latest "winners" of the awards I give out in Judicial Notice, my weekly legal news roundup for Original Jurisdiction:

Lawyer of the Week: Todd Bank.

Judge of the Week: Justice Clarence Thomas.

#SCOTUS #appellatetwitter
2/ Ruling of the Week: Sierra v. Hallandale Beach.

Litigation of the Week: Epic v. Apple.

Deal of the Week: Apollo’s acquisition of Verizon Media.

Law Firms of the Week: @RopesGray and @LowensteinLLP

Lateral Moves: 5 top govt. lawyers to Biglaw.
Read 4 tweets
4 May
1/ An interesting and important piece by @whignewtons for @politico about the trend of having multiple lower-court clerkships before clerking for the Supreme Court — and how it’s contributing to the lack of diversity among #SCOTUS clerks. #appellatetwitter
2/ I tend to agree with @whignewtons that this emerging preference among the justices for multiple feeder-judge clerkships is hurting diversity — especially gender diversity — among #scotus clerks. #appellatetwitter
3/ Sure, there can be advantages to having more-experienced clerks at #scotus. It can be helpful to have clerked at both the trial and appellate levels, or state and federal (although the latter is uncommon). #appellatetwitter
Read 5 tweets
4 May
1/ THREAD. For legal nerds wondering if Bill and Melinda Gates have a prenuptial agreement aka prenup, apparently the answer is no. From the petition for divorce that @melindagates filed against @BillGates:
2/ Here’s the full petition for divorce, via @TMZ.

The @nytimes reported that Bill Gates and Melinda Gates are believed to have a prenup, but question 11 seems pretty clear to me — there’s a separation agreement but no prenup.

dam.tmz.com/document/96/o/…
3/ The Gates divorce petition refers to a separation agreement under RCW 26.09.060, which is “a written separation contract providing for the maintenance of either of them, the disposition of any property,” etc.

app.leg.wa.gov/rcw/default.as…
Read 8 tweets
22 Apr
1/ THREAD. So this is FASCINATING.

After a life-threatening case of #covid19, and more than a month after shot #2 of the #COVID19Vaccine, I’m barely positive for antibodies.👇👇👇

In this thread, some background and a few thoughts.

#covid #coronavirus
2/ As some of you might recall, I was hospitalized from 3/16/20-4/1/20 at @nyulangone with a critical case of #covid19, spending almost a week on a ventilator.

In 6/20 and 9/20, I tested positive for #covid antibodies, in decreasing amounts — 4.3 and 3.2:
3/ In 11/20, my last #covid19 antibody test before this one, I was still positive, but not strongly so — titer of 2.3, where above 1.4 is positive.
Read 14 tweets

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