Unveiling Hidden Deal Insights: GenAI For Powerful Negotiation And Exceptional Client Service – Above the Law



When
it
comes
to
finding
precedent
deal
data
and
what’s
market,
transactional
lawyers
are
frustrated.


It
often
takes
in
excess
of
6-8
hours
to
find
a
precedent
deal
and
identify
relevant
deal
points
from
firm
documents.
And,
even
then,
lawyers
may
not
feel
they
are
getting
a
complete
picture
of
the
data.


Now
multiply
these
hours
exponentially
when



all


recent
precedent
deal
points
are
needed
as
a
reference
for
drafting
and
negotiation.
 


For
many
lawyers,
the
process
is
further
frustrated
by
the
number
of
steps

and
people

required
for
manual
deal
data
extraction.


When
a
new
deal
comes
in,
or
a
client
is
in
immediate
need
of
critical
information,
lawyers
start
the
hunt.
Often,
details
can’t
be
found
quickly,
and
others
are
engaged.
An
urgent
email
goes
out
looking
for
help.


From
accounting
to
knowledge
management
to
business
development,
professionals
across
the
firm
drop
everything
to
help
with
the
search.
Other
priorities
are
put
on
hold
as
the
team
scrambles
to
assemble
the
information,
often
from
various
sources,
all
while
the
client
waits.
The
team
puts
together
the
best
information
they
can
find
and
hopes
it
will
be
enough.    


Regardless
of
the
outcome,
this
is
not
an
ideal
process.  


Enter
Litera’s
new
solution
for
transactional
lawyers
and
knowledge
management
teams:


Foundation
Dragon
.


This
easy-to-use
platform
helps
lawyers
instantly
answer
complex
questions
by
using
GenAI
to
extract
deal
points
from
firm
deal
documents
and
pairing
it
with
matter
experience
data
to
quickly
and
accurately
get
you
the
answers
you
need,
when
you
need
them.


That
6-8
hours
it
can
take
an
associate
to
pull
deal
points
from
just
one
deal?
It’s
now
cut
down
to
minutes.


Furthermore,



all


of
your
firm’s
deals
are
in
one
searchable
place,
so
finding
the
most
relevant
precedent
deals
and
their
deal
points
for
comparison
is
simple
for
any
attorney
to
find

no
staff
needed. 


The
tool
verifies
data
with
minimal
human
input,
ensuring
the
highest
standard
of
accuracy
while
still
being
simple
and
intuitive. 


Getting
Started


Lawyers
typically
lack
the
time
to
learn
a
complex
new
system,
and
ease
of
onboarding
is
a
key
goal
for
any
legal
technology
tool. 


Foundation
Dragon
is
intuitive
and
easy
to
use. 


When
a
deal
closes,
simply
upload
the
closing
documents
to
Dragon,
select
the
appropriate
deal
type
and
Dragon
will
extract
and
load
the
deal
data
from
the
documents
into
the
system
quickly
and
easily.


To
help
get
a
new
system
off
the
ground,
Litera
also
offers
a
service
to
pre-populate
Foundation
Dragon
with
all
of
a
firm’s
historical
data.

Litera_01


Contrast
this
process
with
that
of
many
law
firms,
which
collect
experience
data
by
circulating
a
blank
survey
form
to
a
transaction
team.


The
latter
approach
requires
lawyers’
time
and
effort
to
fill
a
blank
page

and
often
achieves
mixed
results
in
collecting
usable
data. 


With
Foundation
Dragon,
the
system
will
automatically
extract
nearly
300
deal
points
for
an
M&A
transaction
within
minutes
of
a
document
upload,
and
the
commercial
real
estate
acquisition
version
of
Foundation
Dragon
extracting
over
90
deal
points.
Foundation
Dragon
now
supports
several
new
document
types,
including
commercial
real
estate
leases,
credit
agreements,
limited
partnership
agreements,
and
NDAs,
with
plans
to
introduce
more
in
the
coming
year.


The
system
then
delivers
a
populated
dashboard
of
all
the
deal
points
that
have
been
extracted. 


Instead
of
a
blank
survey,
a
transaction
team
receives
a
pre-existing
draft.
They
only
need
to
verify
the
accuracy
of
the
deal
point,
and
the
process
for
doing
so
is
intuitive.

Litera_02


A
click
on
a
deal
point
value
automatically
brings
up
the
relevant
portion
of
the
underlying
document.
With
one
click
of
the
button,
the
deal
point
can
then
be
marked
“verified”
in
the
system
or,
on
rare
occasions,
edited
to
the
correct
figure.


This
creates
a
workflow
where,
after
the
closing
of
a
deal,
an
attorney
who
worked
on
the
matter
can
verify
all
of
the
deal
points
in
a
matter
of
minutes. 


The
extracted
deal
points
will
then
be
accessible
to
all
lawyers,
be
included
in
aggregate
metrics,
and
be
available
for
marketing
and
business
development
efforts. 
Foundation
Dragon’s
insights
become
even
more
impactful
when
combined
with
Litera’s
experience
management
solution,
Foundation,
as
it
allows
you
to
push
the
extracted
deal
data
over
to
Foundation’s
matter
profiles.
This
means
firms
can
reap
the
benefits
of
automatically
populating
enhanced
deal
profiles
in
Foundation
with
minimal
effort.


Accessing
Your
Insights


Once
your
deals
have
been
uploaded
into
the
system,
your
users
can
put
the
data
to
work
through
an
efficient,
user-friendly
interface
that
displays
all
of
the
metrics
that
have
been
collected. 


One
view,
called
“market,”
contains
all
of
the
deal
points
as
aggregate
metrics,
based
on
every
deal
the
firm
has
uploaded. 


The
resulting
dashboard
allows
you
to
instantly
answer
the
question
of
“what’s
market?”
for
any
of
the
deal
points
the
system
collects. 

Litera_03


Looking
for
insights
based
on
a
specific
matter
or
group
of
matters?
A
few
clicks
narrow
the
data
points
down
to
that
subset. 


Each
deal
point
here
represents
the
type
of
data
that
would
often
have
to
be
found
by
having
a
knowledgeable
professional
comb
a
200-page
document
for
hours
on
end. 

Litera_04


A
group
of
up
to
five
deals
can
be
compared,
and
the
data
can
be
directly
exported
to
Excel. 


The
simplicity
of
the
design
is
particularly
helpful
when
comparing
deals.


Here,
all
of
the
deal
points
being
compared
are
laid
out
right
next
to
each
other
for
easy
visualization. 

Litera_05


From
document
upload
to
data
visualization,
Foundation
Dragon
provides
a
simple,
intuitive
process
that
requires
minimal
onboarding
while
delivering
impactful
insights
that
save
lawyers
time
and
a
client
billable
hours. 


Putting
Data
to
Work


For
the
legal
industry,
manually
curating
data
from
transactions
has
long
been
a
time-consuming
task
requiring
skilled
practitioners
and
delivering
mixed
results.


Some
firms
have
devoted
decades
to
creating
a
bespoke,
reasonably
efficient
process.
These
firms
have
distinct
advantages
in
accessing
data-driven
insights
from
precedential
deals
when
negotiating
transactions
and
advising
their
clients.


Firms
that
lack
such
a
system
often
rely
on
“reply
all”
emails
and
firmwide
fire
drills
instead

a
process
that
needlessly
consumes
resources
and
delivers
inferior
results. 


As
Foundation
Dragon
shows,
this
is
a
situation
that
can
be
effectively
addressed
by
generative
AI. 


Foundation
Dragon
offers
elite
data
tracking
and
reporting
to
all
transactional
lawyers

with
only
minimal
effort
on
the
lawyers’
part
to
get
it
up
and
running.
Dragon
gives
lawyers
the
ability
to
negotiate
from
a
position
of
strength
and
deliver
unparalleled
client
outcomes. 

ATL’s 15th Annual Legally Themed Halloween Costume Contest – Above the Law

Halloween
is
nearly
upon
us,
and
members
of
the
legal
community

especially
law
students

will
likely
be
out
celebrating
all
Halloweekend
long.
As
usual,
we
want
to
see
your
creativity
in
action.

For
the
fifteenth
year
in
a
row,
we
here
at
Above
the
Law
are
soliciting
legally
themed
costumes
for
our
annual
Halloween
contest.
We’re
continually
impressed
with
how
creative
lawyers
and
law
students
can
be
when
they
take
their
noses
out
of
their
books.

Here
are
some
of
the
winning
looks
from
the
past
few
years
of
the
contest:
the Donald
J.
Trump
College
of
Law
 (2016), Brett
Kavanaugh’s
calendar
and
his
beer
 (2018), Ruth
Baby
Ginsburg
 (2020),
and Warhol’s
Soup
Law
 (2023).


image001

Please email
us
 or
text
us
(646-820-8477)
your
pictures
and
then
we’ll
vote
on
the
winner
of
our
annual
competition.
We’re
all
looking
forward
to
judging
you!



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Morning Docket: 10.24.24 – Above the Law

*
Former
OpenAI
employee
says
the
company
“broke
copyright
law.”
Except
he’s
not
a
lawyer
and
what
he’s
describing
doesn’t
really
sound
like
a
copyright
violation.
But
the
NY
Times
is
suing
OpenAI
so…
here’s
a
splashy
profile
about
how
OpenAI
broke
copyright
law.
[NY
Times
]

*
Disciplinary
authorities
recommend
suspending
Montana
Attorney
General’s
law
license.
Which
would
be
significant
if
Montana’s
AG
dutifully
acted
as
the
state’s
top
lawyer
as
opposed
to
wasting
taxpayer
dollars
filing
frivolous
lawsuits
about
how

voter
registration
is
unconstitutional
.
[Montana
Free
Press
]

*
Law
firm
leadership
FOMO.
[American
Lawyer
]

*
Michael
Avenatti
may
be
out
of
prison
sooner
than
expected.
[Reuters]

*
Elite
firms
cooling
on
California
hiring.
[Bloomberg
Law
News
]

*
Commission
accuses
judge
of
abusing
contempt
power
to
bully
courtroom.
Seems
like
a
lot
of
that
going
around
these
days.
[ABA
Journal
]

*
Goldman
and
Apple
to
pay
for
CFPB
violations.
[Law360]

Goodbye Logic Games, Hello Law Students! – See Also – Above the Law




<br /> Goodbye<br /> Logic<br /> Games,<br /> Hello<br /> Law<br /> Students!<br /> –<br /> See<br /> Also<br /> –<br /> Above<br /> the<br /> Law


























Is Wachtell Slipping? – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


According
to
Bloomberg
Law’s
ranking
of
Biglaw
firms
for
mergers
and
acquisitions
work
through
three
quarters
this
year,
Wachtell,
Lipton,
Rosen
&
Katz
is
currently
ranked
in
what
spot,
falling
down
the
ranking
after
holding
on
to
the
#2
spot
for
the
last
three
years?


Hint:
The
firm
is
an
outlier,
leaning
into
its
narrow
focus
as
the
rest
of
the
industry
has
broadened
their
practice.
Law
firm
adviser
Peter
Zeughauser
said,
“What
may
be
threatening
to
them
is
not
having
relationships
with
new
money.
That’s
what
they
need
to
crack

maybe
that’s
through
laterals
or
through
a
more
proactive
relationship
in
the
financial
community.”



See
the
answer
on
the
next
page.

Patent Owner Petitions Supreme Court For Pauline Newman To Hear His Case – Above the Law

In
High
Demand
(Photo
by
Bill
O’Leary/The
Washington
Post
via
Getty
Images)

It
is
an
understatement
to
say
that
Pauline
Newman
is
highly
recognized
as
being
good
at
her
job.
So
good
in
fact,
one
patent-pursuing
litigant
argues,
that
her
absence
from
the
court
means
that
he
didn’t
get
a
fair
shake
at
arguing
his
case.
An
application
of
the

Alice

test
determined
that
his
idea
was
too
abstract
to
be
patentable,
but
he’s
pushing
back
on
the
use
of
that
test.
Know
who
else
has
voiced
concern
over

Alice
?
That’s
right,
Newman!
And
he’s
asking
the
Supreme
Court
to
make
sure
she’s
on
the
panel
so
that
she
can
weigh
in.

Bloomberg
Law

has
coverage:

The
owner
of
an
invalidated
background-check
software
patent
urged
the
US
Supreme
Court
to
consider
the
Federal
Circuit’s
suspension
of
97-year-old
Judge
Pauline
Newman,
whose
absence
on
the
court
the
company
says
deprived
it
of
a
potentially
sympathetic
ear.

Miller
Mendel
was
robbed
of
“even
having
a
chance
that
the
most
experienced
appellate
patent
judge,
and
one
of
the
harshest
critics
of
Section
101
jurisprudence,
could
participate,
hear,
and
rule
on
the
case,”
the
company
wrote
in
a
petition
to
the
high
court
docketed
Oct.
18.

Suing
over
loss
of
chance
isn’t

unheard

of

it
is
an
action
in
tort

but
suing
because
you
didn’t
have
the
judge
you
wanted
on
your
panel
feels
suspect.
That
said,
it
puts
the
U.S.
Court
of
Appeals
for
the
Federal
Circuit
in
a
strange
position.
Far
from
the
initial
worry
that
Justice
Moore
&
Co.’s
now

objectively
disproven
accusations

that
Judge
Newman
was
mentally
unfit
to
serve
on
the
court
would
harm
her
legacy,
we
now
have
the
worth
of
the
court
being
questioned
if
she’s
not
a
part
of
it.
Even
if
the
panel
included
Newman
and
decided
against
Mendel,
Newman’s
potential
dissent
could
still
be
valuable
in
the
long
run

considering
how
often
the
Supreme
Court
ultimately
agrees
with
her
take
on
matters
.

If
you’d
like
to
follow
up
on
the
case,
it
is
Miller
Mendel
Inc.
v.
City
of
Anna,
U.S.,
24-439,
cert.
petition
docketed
10/18/24.


Patent
Owner
Flags
Judge
Newman’s
Suspension
to
Supreme
Court

[Bloomberg
Law]



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.

To Merge Or Not To Merge, That Is The Question That’s Making Law Firm Leaders Anxious – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


It’s
not
like
there
are
really
any
new
law
firms
being
created.
It’s
only
really
going
to
go
one
way.
The
firms
that
exist
are
going
to
consolidate
with
each
other.
No
one
wants
someone
downstream,
who
is
less
profitable
than
them,
so
that
greatly
limits
the
number
of
true
merger
options
you
have
there.
And
if
the
good
ones
are
pairing
up,
you
don’t
want
to
be
the
ones
[left].




Jeff
Lowe,
senior
managing
partner
and
market
president
for
Washington,
D.C.,
at
recruiting
and
consulting
firm
CenterPeak,
in
comments
given
to
the

American
Lawyer
,
concerning
law
firms
leaders’
heightened
response
to
the
industry’s
recent
merger
mania,
where
there’s
“definitely
a
sense
that,
if
we
don’t
do
anything,
we’re
going
to
get
left
out.”



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

America’s 250th Birthday Celebration: Will Voters Choose Genuine Joyous Patriotism Or A Sad Missile Parade? – Above the Law

Whoever
wins
the
presidential
election
on
November
5
will
face
an
important
task:
overseeing
America’s
250th
birthday
party.

That’s
right,
the
good
old
United
States
is
turning
250
in
2026.
Nearly
two-and-a-half
centuries
ago,
Thomas
Jefferson
penned

the
Declaration
of
Independence
.
On
July
4,
1776,
this
founding
document
was
adopted
unanimously
by
the
Second
Continental
Congress,
thereby
creating
the
U.S.A.
as
we
know
it
(and
as
we’ve
mythologized
it).

Assuming
the
country
lasts
until
July
4,
2026,
we
are
going
to
have
one
of
two
people
in
charge:
a
hateful
80-year-old
teetotaler
who
is
already

in
obvious
mental
decline
,
or
a
61-year-old
woman
who
has
made
joy
a
focal
part
of
her
presidential
campaign
and

chugged
a
Miller
High
Life
on
stage
with
Stephen
Colbert
.
I
know
who
I
think
would
make
a
better
party
planner,
but
hey,
maybe
some
of
you
have
had
way
more
fun
mingling
with
racist
octogenarians
than
I
have.

Now,
America
has
had
an

official
Semiquincentennial
Commission

(I
promise
I
will
use
that
dumb-ass
word
only
one
more
time)
since
2016.
For
a
couple
reasons,
I
don’t
think
the
members
of
that
group
are
really
going
to
have
a
whole
lot
of
sway
over
whatever
the
presiding
president
ultimately
wants
to
do
to
celebrate.

Had
you
ever
heard
of
the
U.S.
Semiquincentennial
Commission
before
this
very
moment?
Didn’t
think
so.
If
a
large
group
of
national-level
politicians,
eggheads,
and
other
theoretically
influential
people
has
been
doing
whatever
it
is
they’ve
been
doing
for
eight
years
without
even
pretty
informed
members
of
the
public
hearing
about
it,
they’re
either
working
at
Area
51
or
aren’t
wielding
great
power
to
exciting
effect.

Let’s
also
look
at
a
couple
of
the
member
names.
Oh,
Anthony
Kennedy,
an
88-year-old
former
Supreme
Court
justice

who
retired
so
that
Trump
could
replace
him
with
Brett
Kavanaugh

and
get

Roe
v.
Wade

overturned;
I
don’t
know
about
you,
but
someone
who
is
nearly
90
whose
ultimate
legacy
is
making
sure
thousands
of
women
are
going
to
forcibly
carry
unwanted
pregnancies
to
term
or
die
in
the
attempt
does
not
exactly
scream
“partier
of
the
century”
to
me.

It’s
a
bipartisan
commission
though,
so
I
won’t
pick
only
on
conservatives.
Ah,
here
we
are,
I
think
I
see
one
of
these
deep-state
liberals
I’ve
heard
so
much
about

wait,
what
the
f*ck,
Merrick
Garland?
The
guy
who
got
cucked
out
of
a
Supreme
Court
seat
and
then
slow-walked
the

several
still-pending
criminal
cases

through
which
he
could
have
actually
seen
something
done
about
it?
Look,
I
feel
bad
for
Garland,
but
“pitiful”
is
not
how
one
would
typically
describe
the
organizer
of
an
epic
party
for
the
ages.

Has
anyone
heard
from

Tucker
Max

lately?
Maybe
we
can
wheel
him
out
of
cryogenic
storage
or
whatever
and
see
if
he
has
one
last
party
in
him.

My
bold
prediction
is
that
the
official
250th
birthday
party
planning
committee
is
not
going
to
knock
the
socks
off
of
the
average
American.
Either
way,
we’ll
get
some
museum
events
and
mandatory
diversity
efforts

pleasing
to
history
buffs
like
me,
I
suppose,
though
likely
to
flop
with
the
masses.
Beyond
that,
I
bet
a
lot
of
directional
velocity
will
come
from
the
top
based
on
whoever
wins
this
presidential
election.

We
already
got
a
glimpse
into

Trump’s
plan
for
a
massive
national
celebration
:
a
big
missile
parade
in
the
style
of
weak
third-world
dictatorships
trying
to
look
strong
that
he
wasn’t
previously
even
able
to
pull
off
because
he
eventually
lost
interest
(also
the
Pentagon
found
a
gaudy
display
of
military
hardware
to
be
both
costly
and
counterproductive
to
military
aims).
Harris
hasn’t
been
in
the
top
seat
at
the
White
House
like
Trump
has,
so
her
idea
of
a
truly
patriotic
commemorative
event
remains
more
of
a
mystery,
but
there
is
little
doubt
that
it
would
incorporate
the
military
in
a
more
respectful
and
traditionally
American
fashion.

America’s
250th
birthday
party
is
not
the
most
important
issue
in
this
election.
Still,
symbolism
matters,
stories
matter,
and
this
celebration
will
be
kind
of
a
big
deal.
It
could
be
a
huge
economic
success
that
brings
joy
and
a
sense
of
national
pride
to
millions
as
we
celebrate
how
far
we’ve
all
come
together.
Or
it
could
be
a
divisive
train
wreck
that
needlessly
flushes
millions
of
tax
dollars
down
the
tubes
in
order
to
stroke
one
man’s
ego.
Make
the
right
choice
in
November.




Jonathan
Wolf
is
a
civil
litigator
and
author
of 
Your
Debt-Free
JD



(affiliate
link).
He
has
taught
legal
writing,
written
for
a
wide
variety
of
publications,
and
made
it
both
his
business
and
his
pleasure
to
be
financially
and
scientifically
literate.
Any
views
he
expresses
are
probably
pure
gold,
but
are
nonetheless
solely
his
own
and
should
not
be
attributed
to
any
organization
with
which
he
is
affiliated.
He
wouldn’t
want
to
share
the
credit
anyway.
He
can
be
reached
at 
[email protected].

Prepping For The Supreme Court To Overturn Obergefell – Above the Law

(Photo
by
Ted
Eytan
/
Flickr)

If
you’ve
been
paying
attention,

you
know
the
Supreme
Court

is
gunning
for


Obergefell
,

the
landmark
case

that
held
there
is
a

federal
constitutional
right

to
same-sex
marriage.
And
it’s
not
a
matter
of
tea
leaf
reading
that
leads
to
that
conclusion.
It’s
Samuel
Alito’s
unhinged
dissent
in
the
case

that

he
still
can’t
let
go
of.

And
Alito’s
majority
opinion
overturning
established
precedent
guaranteeing
the
right
to
reproductive
freedom
in

Dobbs

that

creates
parallels

between
the
right
established
in Obergefell
v.
Hodges

as
similar
to
reproductive
freedom
as
they’re
not
“deeply
rooted
in
history.”
Plus
there’s
the

concurrence
written
by
Clarence
Thomas

that
explicitly
says
the
Court
should
“reconsider”
its
jurisprudence
on
marriage
equality
(as
well
as
the
Court’s
holdings
on
consensual
sexual
contact
and
contraception).

And
what
we’ve
learned
from
the
current
Court
is,
they’re
totally
chill
with

shredding
precedent

and
issuing
decisions

wildly
out
of
line

with
what
the

majority
of
Americans

believe
as
long
as
it
fits

*their*
vision

of
what
the
country
should
be.
So,
yeah.
Even
though

69%
of
Americans

support
gay
marriage,
we
should
absolutely
be
worried
about
the
rights
enshrined
in

Obergefell
.

Now
some
states
are
trying
to
get
ahead
of
the
Supreme
Court’s
remaking
of
the
country.
This
election
day
in
California,
Colorado,
and
Hawaii,
voters
will
have
the
opportunity
to
undo
some
problematic
language
in
the
states’
constitutions
from
the
aughts.
All
three
states,
at
one
point,
codified
a
narrow
version
of
marriage
that
excluded
same-sex
couples.
And
activists
would
really
like
them
off
the
books,
just
in
case
the
Court
makes
good
on
its
thinly
veiled
threat
to
overturn

Obergefell
.
As

reported
by

HuffPost:

California’s
Proposition
3
would
repeal
and
overwrite
the
state’s
ban
on
same-sex
marriage
that’s
still
in
California’s
constitution.
In
2008,
the
voters
in
the
state
approved
Proposition
8,
which
defined
marriage
as
between
a
man
and
a
woman
and
banned
the
state
from
recognizing
same-sex
marriage.
It
was
made
void
after
the
Supreme
Court’s
2013
decision
in
Hollingsworth
v.
Perry
and
allowed
the
state
to
resume
same-sex
marriages.

Colorado’s
Amendment
J
similarly
seeks
to
remove
this
narrow
definition
of
marriage
from
the
state
constitution.
And
in
Hawaii,
voters
will
answer
Question
1,
which
asks
if
voters
want
to
remove
language
from
the
state
constitution
that
gives
Hawaii
lawmakers
the
authority
to
reserve
marriage
only
for
“opposite-sex
couples.”

“As
someone
who
fought
to
establish
and
protect
marriage
equality
in
Hawaii
for
more
than
a
quarter
of
a
century,
I
refuse
to
stand
by
and
watch
this
Court
take
a
hatchet
to
rights
won
that
had
previously
been
denied,”
wrote
Rep.
Jill
Tokuda
(D-Hawaii),
in
support
of
Hawaii’s
amendment.
“If
this
Court
follows
through
on
its
threat
to
revisit
Obergefell,
we
could
easily
see
nationwide
rights
to
same-sex
marriage
restricted
again.”

Cleaning
up
state
laws
that
were
rendered
moot
by

Obergefell

stops
the
threat
of

zombie
laws

coming
back
to
haunt
folks
in
California,
Colorado,
and
Hawaii.
But
there’s
still
a
lot
at
risk,
particularly
for
those
in
red
states,
if
the
Court
turns
back
the
clock
on
gay
rights.




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].