Federal Judge Big Mad Over Attorney’s 3:30 A.M. Filing – Above the Law

Courts
generally
frown
on
missing
deadlines.
They
also
don’t
like
when
folks
appearing
before
them
are
late.
Put
both
together
and
it’s
like
gleaming
the
cube
of
irritation
for
a
judge.
Add
in
a
3:30
a.m.
filing
and
you’ve
got
a
well
and
truly
pissed-off
judge.

Former
Massachusetts
state
senator
Dean
Tran
was
convicted
on
charges
he
improperly
collected
unemployment
benefits
under
a
pandemic
relief
program.
Prosecutors
are
recommending
a
two-year
prison
sentence.
He
was
due
to
be
sentenced
on
January
17th,
but
in
the
wee
hours
of
the
morning

3:30
a.m.

his
attorney,
Michael
Walsh,
filed
a

sentencing
memo

challenging
the
advisory
sentencing
guidelines.
What’s
more,
he
showed
up
at
10:06
a.m.
for
the
10:00
a.m.
hearing.
And
Judge
F.
Dennis
Saylor
IV
was
not
pleased
about
any
of
that,
as

reported
by

Law360:

“I’m
unhappy,
very
unhappy
that
Mr.
Walsh
was
late,
I’m
unhappy
that
Mr.
Tran
was
out
in
the
hall
when
I
took
the
bench,
and
what
I’m
really
unhappy
about
is
that
this
morning
the
defendant
filed
a
sentencing
memorandum
that
raises
a
number
of
issues,”
Judge
Saylor
continued.

“There
was
a
deadline
for
doing
that,
which
Mr.
Walsh
blew
through,”
Judge
Saylor
said.

But
there
was
no
emergency
or
unforeseen
circumstance
that
justified
the
last
minute
filing

Walsh
just
explained
that
it’s
hard
work
being
a
lawyer.

“I
spent
weeks
with
the
sentencing
manual
trying
to
figure
out
which
way
is
up,”
Walsh,
speaking
rapidly,
told
the
judge.

“Most
of
us
were
in
bed
at
3:30
this
morning,
asleep,”
Judge
Saylor
responded.
“I
was
certainly
not
sitting
up
waiting
for
you.”

The
judge
said
the
situation
was
“unfair
and
inappropriate,”
but,
fearing
Tran
could
argue
ineffective
counsel
on
appeal
if
he
refused
to
consider
the
memo,
he
pushed
sentencing
back
to
February
7th.
One
bit
of
advice
for
Walsh:
shows
up
on
time.




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].

No. 1 Biglaw Firm In The Country Poaches Partners From Top Rival Firm To Open Up Shop In Philadelphia – Above the Law

With
growth
still
top
of
mind
in
2025,
Biglaw
firms
are
continuing
to
expand
their
footprints
across
the
United
States

and
some
firms
aren’t
afraid
to
poach
entire
teams
from
their
rivals
to
get
the
job
done.

Kirkland
&
Ellis,
the
No.
1
firm
in
the
country
according
to
the
most
recent
Am
Law
100
ranking,
is
making
a
big
splash
with
its
entrance
to
the
Philadelphia
market.
According
to
the

American
Lawyer
,
Kirkland
will
open
up
shop
in
the
City
of
Brotherly
Love
with
the
help
of
a
five-member
mass
torts
team
from
Skadden
Arps.
The
team,
led
by
litigation
partner
Allison
Brown,
also
includes
partners
Jessica
Davidson,
Geoffrey
Wyatt,
Nina
Rose,
and
Christopher
Cox.

Here’s
some
additional
information,
courtesy
of

Am
Law
:

“Alli
is
among
the
most
accomplished
and
sought-after
trial
lawyers
in
the
country,
and
the
arrival
of
this
team
will
build
on
the
significant
growth
and
success
of
Kirkland’s
litigation
department
in
recent
years,”
said
Jon
Ballis,
the
firm’s
chair,
in
a
Tuesday
statement,
adding
that
Brown
is
among
the
“world’s
best
litigators”
and
that
the
firm
is
“excited
to
work
alongside
her
as
we
embark
on
this
new
chapter
for
Kirkland
in
Philadelphia.”

In
her
own
statement,
Brown
said,
“This
is
an
exciting
time
to
join
Kirkland,
which
has
an
incredibly
impressive
litigation
practice
with
a
deep
bench
of
the
most
talented
lawyers
practicing
today.”

Skadden
wished
the
departing
attorneys
well,
thanking
them
for
their
contributions,
noting
that
their
exits
would
take
place
“later
this
year.”
At
this
time,
their
official
start
date
at
Kirkland
is
unknown.


Kirkland
Enters
Philadelphia,
Luring
Skadden
Mass
Torts
Team

[American
Lawyer]



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 BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Law School Students Looking For Real Trial Advocacy (And Real Money) Need To Check This Out – Above the Law

Artificial
intelligence
claims
it’s
coming
for
the
lawyers.

That’s
mostly
overhyped
tech
puffery,
but
there’s
no
denying
that
technology
will
cut
into
the
number
of
“brute
force”
opportunities
for
young
attorneys.
With
law
schools
struggling
to
teach
“practice-ready”
lawyers,
we’ve
always
depended
on
big
firms
to
hire
200
new
lawyers
to
churn
through
documents
in
a
Topeka
warehouse
while
learning
the
real
nuts
and
bolts
of
the
practice
on
the
job.
As
firms
cut
back,
how
will
aspiring
lawyers
amass
practical
experience?

One
innovative
solution
seeks
to
deliver
practical
experience
before
lawyers
leave
law
school.
Top-flight
litigation
boutique

MoloLamken

is
once
again
offering
a
one-week,
intensive
training
program
for
12
rising
3Ls
called
the

MoloLamken
Advocacy
Academy

and
the
deadline
to
apply
for
current
2Ls
is
fast
approaching

February
10,
2025.

And,
perhaps
most
importantly,
this
program
isn’t
designed
to
trade
off
with
a
traditional
summer
job,
with
the
schedule
tailored
to
accommodate
students
participating
in
law
firm
summer
associate
programs
and
government
or
public
interest
internships.
The
Academy
begins
on
the
evening
of
Sunday,
August
3,
and
runs
through
the
early
afternoon
of
Friday,
August
8,
2025.

And,
on
top
of
everything
else,
MoloLamken
Scholars
receive
a
$4,500
cash
award,
and
travel
and
lodging
will
be
provided
for
those
coming
from
outside
of
New
York
City.

The
course
includes
both
lecture-based
learning
on
courtroom
strategies
and
demonstrations
drawn
from
actual
cases,
as
well
as
stand-up
experience
examining
witnesses
and
making
trial
and
appellate
arguments.
Throughout,
the
students
receive
personalized
feedback
and
tips
from
faculty
headed
by
firm
cofounders
and
veteran
litigators
Steven
Molo
and
Jeffrey
Lamken.


Last
year
,
we
wrote
about
the
exciting
potential
of
the
Academy’s
first
season.
Now
with
a
year
under
their
belt
we
have
real
feedback
from
MoloLamken
Scholars
about
their
experience.
One
described
the
program
as
“a
great
way
to
push
yourself
out
of
your
comfort
zone
to
develop
both
trial
and
appellate
skills.”
And
by
getting
outside
one’s
comfort
zone
another
comment
elaborated
that
the
program
fostered
a
“low-pressure
environment
where
we
were
encouraged
to
take
risks.”

Another
said
the
program
provides
“practical
experience
applying
courtroom
skills
and
thorough
feedback
from
some
of
the
best
to
ever
do
it,”
a
bit
of
an
understatement
from
a
faculty
that’s
collectively
tried
hundreds
of
cases
and
argued
hundreds
of
appeals.

“It’s
difficult
for
lawyers
starting
out
to
get
practical
courtroom
skills
training.
This
program
provides
outstanding
law
students
who
want
to
become
great
advocates
a
solid
grounding
based
on
our
real-world
experience,”
said
co-founding
partner
Jeffrey
Lamken.

Not
to
bring
it
all
back
to
a
“doom
and
gloom”
outlook
for
the
industry,
but
we
could
be
approaching
a
critical
juncture
where
training
opportunities
become
fewer
and
farther
between.
If
you’re
a
law
student
hoping
to
get
into
litigation,
you
need
to
go
out
and
grab
any
high-quality
training
you
can.

And
if
you
get
paid
for
doing
it,
all
the
better.


Earlier
:

Donald
Trump’s
Lawyer
Keeps
Botching
Basic
Trial
Procedure

Don’t
Grow
Up
To
Be
Alina




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Tom Goldstein Should’ve Stuck With High Stakes Go Fish – Above the Law

Supreme
Court
litigator
Tom
Goldstein,
co-founder
of
SCOTUSblog,
is
on
the
wrong
side
of
the
law
facing
a
multi-count
indictment
related
to
the

alleged
fallout
of
a
hard-core
gambling
lifestyle
.
All
while
routinely
arguing
multiple
cases
in
front
of
the
Supreme
Court.
Legen…wait
for
it…dary.
Also,

Proskauer
proves
that
every
rose
has
its
thorn

and
Yale
stares
down
one
of
the

most
epic
downgrades
in
law
school
history
.

Healthcare’s Cybersecurity Crisis: Why Today’s Defenses Are Failing Against Evolving Threats – MedCity News

Every
healthcare
system
in
the
United
States
has
its
own
level
of
vulnerability
to
cyberattacks.
And
each
system,
to
the
degree
its
resources
and
perception
allow,
is
trying
to
eliminate
those
vulnerabilities.
But
many
hospitals
don’t
have
a
clear
picture
of
where
and
how
they’re
susceptible
to
attacks.

Systems
struggle
to
meet
minimum
compliance
requirements
while
lacking
the
resources
or
support
to
implement
broader
cybersecurity
measures.
As
a
result,
cybercriminals
are
breaching
the
walls
with
alarming
frequency.
Consider: 

  • The
    Change
    Healthcare
    cyberattack
    earlier
    this
    year
    has
    cost
    parent
    company
    UnitedHealth

    $900
    million

    and
    affected
    nearly
    a
    third
    of
    Americans
    directly
    or
    indirectly
  • A
    May
    attack

    compromised
    healthcare

    at
    Ascension,
    including
    postponed
    surgeries,
    canceled
    appointments
    and
    diverted
    ambulances
  • An

    HCA
    Healthcare
    data
    hack

    that
    affected
    11
    million
    patients
    was
    the
    largest
    in
    2023,
    a
    year
    that
    saw
    a
    record
    725
    breaches

Healthcare
providers
and
vendors
are
learning
the
hard
way
that
hackers
are
relentless
and
resourceful,
constantly
adjusting
tactics
and
tools
and
using
new
technology,
including
AI,
to
launch
more
sophisticated
attacks.
Hospital
defenses
typically
lag
behind.
Cyber
defenses
that
worked
a
few
years
ago
are
no
longer
adequate.
Often,
targets
are
unclear
about
where
and
how
to
upgrade
their
protection.


Public
and
private
measures

Alarmed
by
the
attacks,
the
public
and
private
sectors
are
pressing
healthcare
systems
to
do
more.
Insurers
who
sell
cyberattack
insurance
are
insisting
hospitals
shore
up
defenses
or
lose
coverage.

The
administration
is

allocating
$800
million

for
cybersecurity
in
the
proposed
FY2025
Health
and
Human
Services
(HHS)
budget.
In
addition,
there
are
separate
healthcare
cybersecurity
bills
in
the
House
and
Senate.
The
Senate
measure
would
penalize
systems
that
fail
to
improve
their
defenses.

New
York
is
the
first
state
to
regulate
cybersecurity.
Its
new

requirements

require
hospitals
to
enact
data
protection
beyond
what’s
mandated
by
the
federal
Health
Insurance
Portability
and
Accountability
Act
(HIPAA).
They
require
healthcare
systems
to
conduct
an
annual
assessment
of
potential
risks
and
vulnerabilities
and
establish
a
cybersecurity
program
based
on
that
audit,
including
provisions
for
reporting,
countering
and
recovering
from
a
data
breach. 

In
addition,
hospitals
must
have
a
part-
or
full-time
chief
information
security
officer
(CISO)
to
guide
and
support
cybersecurity
measures.


Underfunded
and
under
attack 

Healthcare
organizations
cannot
afford
to
wait.
They
must
act
swiftly
and
continuously
to
fend
off
attacks.
However,
many
systems
do
not
have
the
necessary
budgets,
know-how
or
personnel
to
accomplish
everything
they
need.

Staffing
cybersecurity
teams
is
a
particular
problem.
According
to
a

HIMSS
Healthcare
Cybersecurity
Survey
:

  • 74%
    of
    respondents
    said
    recruiting
    qualified
    cybersecurity
    professionals
    was
    a
    challenge
  • 47%
    said
    a
    lack
    of
    cybersecurity
    experience
    or
    skills
    was
    a
    challenge
    in
    hiring
  • 38%
    said
    a
    lack
    of
    candidates
    with
    healthcare
    experience
    was
    a
    challenge

Along
with
a
shortage
of
qualified
candidates,
healthcare
organizations
often
do
not
have
the
budget
to
hire
them:

  • 43%
    of
    respondents
    said
    they
    do
    not
    have
    sufficient
    budget
    to
    hire
    the
    staff
    they
    need
  • 28%
    said
    non-competitive
    compensation
    was
    a
    barrier   

Inadequate
compensation,
stress
and
long
hours
contribute
to
a
retention
problem.
In
the
HIMSS
survey,
57%
of
respondents
said
retaining
qualified
workers
is
a
problem.

Cybersecurity
budgets
are
rising,
however,
which
could
relieve
some
of
the
problems.


Third-party
risk
management

The
attacks
are
not
going
to
stop. 

Healthcare
organizations
make
tempting
targets
for
hackers
for
several
reasons.
They
hold
enormous
amounts
of
patient
data,
which
is
particularly
valuable
because
it
includes
both
personal
and
financial
information.
Also,
they
have
numerous
vulnerabilities,
internally
and
externally,
particularly
because
the
data
is
fragmented
and
held
in
multiple
locations;
and,
in
the
case
of
ransomware,
any
interruption
to
critical
operations
brings
to
bear
enormous
pressure
to
resolve
the
situation,
even
if
it
means
paying
a
ransom.

Hospitals
are
most
often
attacked
indirectly
through
third-party
vendors
whose
software
they
license.
It’s
extremely
difficult,
if
not
impossible
with
manual
methods,
for
healthcare
systems
that
work
with
hundreds
of
third-party
applications
to
be
sure
each
vendor
has
adequate
defenses
and
is
following
cybersecurity
best
practices.

Even
if
the
vendor
is
at
fault,
healthcare
organizations
bear
the
brunt
of
the
attack.
Fortunately,
there
are
ways
they
can
protect
themselves:

  1. Risk
    assessment

    Mapping
    the
    vendor
    network,
    auditing
    vendors’
    security
    processes
    and
    monitoring
    their
    security
    posture
    on
    a
    regular
    basis.
  2. Remediating
    vulnerabilities

    Fixing
    vendor
    vulnerabilities
    identified
    in
    Step
    1,
    adjusting
    liability
    for
    direct
    damages
    if
    needed,
    or
    replacing
    vendors
    who
    won’t
    comply.
  3. Adapting
    practices

    Putting
    policies
    and
    procedures
    in
    place
    that
    continue
    to
    prioritize
    third-party
    risk
    management,
    such
    as
    integrating
    security
    reviews
    into
    the
    buying
    process
    BEFORE
    a
    purchase
    has
    been
    made.


The
need
for
outside
help 

Healthcare
systems
operate
with
narrow
margins,
as
they
struggle
with
labor
costs
and
workforce
shortages.
In
this
environment,
funding
requests
to
bolster
cybersecurity
must
compete
with
other
priorities.
Hospital
boards
can
be
reluctant
to
allocate
funds
because
they
are
unaware
of
how
vulnerable
their
organizations
are.
The
result
is
often
a
patchwork
approach
to
cybersecurity
that
leaves
gaps
for
attackers.
And
the
approaching
wave
of
government
regulations
addressing
cybersecurity
will
add
to
the
financial
burden
on
hospitals.

Most
healthcare
systems
do
not
have
the
resources
or
expertise
to
deploy
reliable
defenses
and
stay
abreast
of
all
threats.
Many
find
it
more
efficient
to
partner
with
a
firm
dedicated
to
cybersecurity
and
risk
management
services.
Healthcare
cybersecurity
experts
are
familiar
with
hospital
technology,
business
practices,
interoperability
and
the
best
defenses
against
cyberattacks.
They
can
provide
organizations
with
a
comprehensive
view
of
risk
and
guide
the
creation
and
improvement
of
a
health
system’s
overall
cybersecurity
program.

They
also
help
identify
and
manage
third-party
risk
posed
by
vendors.
These
experts
can
give
healthcare
organizations
peace
of
mind
and
allow
them
to
focus
on
delivering
healthcare.  

There
is
no
foolproof
safeguard
against
hackers,
but
healthcare
organizations
owe
it
to
themselves,
their
patients
and
partners
to
mount
the
best
defense
possible.


Photo:
anyaberkut,
Getty
Images


George
C.
Pappas

is
the
CEO
of

Intraprise
Health,
a
Health
Catalyst
Company,

and
a
seasoned
high-tech
executive
with
over
35
years
of
cross-functional
expertise
in
Sales
&
Marketing,
Professional
Services,
Operations,
Product
Management,
and
R&D.
He
previously
served
as
Chief
Customer
Officer
and
Chief
Operating
Officer
at
DrFirst,
where
he
significantly
expanded
the
customer
base
to
over
1,400
hospitals
and
100,000
prescribers
across
the
US
and
Canada.

George
has
a
proven
track
record
of
guiding
software
and
services
companies
from
inception
to
high-growth
stages,
including
Initial
Public
Offerings,
with
revenues
ranging
from
$5M
to
over
$100M.
Prior
to
DrFirst,
he
was
Chief
Operating
Officer
at
Motionsoft
and
served
on
their
Board
of
Directors,
as
well
as
Executive
Vice
President
and
Board
Member
at
Presidium.His
extensive
experience
spans
Healthcare,
Financial
Services,
Telecommunications,
National
Security,
and
Higher
Education.
George
has
led
R&D
teams
across
the
US,
India,
Russia,
Poland,
and
China.
He
is
active
in
CHIME
and
a
member
of
their
CFCHE
program.
George
also
holds
a
patent
in
sales
risk
management
and
is
a
graduate
of
Boston
University.

This
post
appears
through
the MedCity
Influencers

program.
Anyone
can
publish
their
perspective
on
business
and
innovation
in
healthcare
on
MedCity
News
through
MedCity
Influencers. Click
here
to
find
out
how
.

Morning Docket: 01.22.25 – Above the Law

*
DOJ
orders
criminal
investigations
into
state
and
local
authorities
who
“obstruct”
immigration
crackdowns.
And
by
“obstruct”
they
mean
“refuse
to
let
the
federal
government
steal
local
tax
dollars
by
deputizing
cops
to
take
time
out
of
policing
the
community
and
chasing
down
criminals
to
round
up
law-abiding
guys
standing
outside
Home
Depot.”
[Bloomberg
Law
News
]

*
It’s
Always
Sunny
at
Kirkland
&
Ellis.
[American
Lawyer
]

*
From
Dominion
to
Prince
Harry,
it’s
been
a
rough
go
for
Murdoch’s
faux
journalism
empire.
[NBC
News
]

*
Facebook
sucks
up
and
holds
all
your
data,
but
when
lawsuits
show
up
they
like
to
delete
their
own.
[Reuters
Legal
]

*
Lawyer
arrested
at
bar
meeting
gets
some
measure
of
justice.
[Arkansas
Times
]

*
Trump
pardons
Ross
Ulbricht
after
promising
freedom-loving
Libertarians
that
he’d
free
their
drug
smuggling
exchange
hero
in
exchange
for
them
looking
the
other
way
on
trifling
freedom
issues
like
forced
birth.
[Law360]

*
Iran
passes
law
allowing
child
marriage,
finally
catching
up
to
Mississippi.
[The
Guardian
]

Donald Trump Had A Busy First Day Back In The Office – Above the Law

(Photo
by
Wu
Xiaoling/Xinhua
via
Getty
Images)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


On
Day
1
of
his
second
term,
Donald
Trump
set
a
record
signing
almost
50
executive
actions,
26
of
which
were
executive
orders.
Which
president
previously
held
the
record
for
the
most
executive
actions
on
Day
1?


Hint:
That
president
signed
15
executive
actions
on
Day
1.



See
the
answer
on
the
next
page.

Trump’s Former Ethics Watchdog Sounds The Alarm On What’s Yet To Come For This Administration – Above the Law

(Photo
Illustration
by
Mateusz
Slodkowski/SOPA
Images/LightRocket
via
Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


America
voted
for
corruption,
and
that’s
what
Trump
is
delivering.
Trump’s
corruption
and
naked
profiteering
is
so
open,
extreme
and
pervasive
this
time
around
that
to
comment
on
any
one
aspect
of
it
would
be
to
lose
the
forest
for
the
trees.
The
very
idea
of
government
ethics
is
now
a
smoldering
crater.





Walter
Shaub
,
former
head
of
the
Office
of
Government
Ethics
under
the
first
Trump
administration,
in
an
email
sent
to

CNN

in
the
wake
of
then
president-elect
Donald
Trump’s
memecoin
cryptocurrency
going
live
shortly
before
Inauguration
Day.
Trump,
who
has
now
taken
the
reins
as
president,
reportedly
made
a
great
deal
of
money
on
the
crypto
launch.
Professor

Richard
Painter

of
Minnesota
Law
echoed
Shaub’s
concerns,
telling

CNN
,
“I
believe
it
is
very
dangerous
to
have
the
people
who
are
supposed
to
oversee
regulating
financial
instruments
investing
in
them
at
the
same
time.
There’s
no
precedent
for
a
head
of
state
to
launch
a
personal
cryptocurrency.”



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 BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

The ACLU’s Strategic Play In The Birthright Citizenship Case – Above the Law

(Photo
by
Jabin
Botsford
/The
Washington
Post
via
Getty
Images)

Yesterday,
in
his
first
day
back
in
office,
Donald
Trump
made
a
pass
at
rewriting
the
Constitution
via
executive
order.
Of
course,
that’s
not
how
any
of
this
works,
and
the
American
Civil
Liberties
Union
has
already
filed
litigation
challenging
the
EO
claiming
to
end
birthright
citizenship
as
guaranteed
by
the
14th
Amendment.
As
the
Brennan
Center’s
Thomas
Wolf

makes
clear
,
“Trump’s
executive
order
is
unconstitutional,
in
direct
conflict
with
the
plain
language
of
the
14th
Amendment
and
over
a
century’s
worth
of
Supreme
Court
case
law.”

It’s
also,
you
know,
an

attempt
at
legal
sleight
of
hand

to
make
the
racism
more
palatable.

Wolf
is
optimistic
about
the
integrity
of
the
14th
Amendment,
saying
Trump’s
EO
“will
be
litigated
immediately
and
its
prospects
of
surviving
those
court
fights
are
slim,
even
before
a
Supreme
Court
stacked
with
conservative
justices
and
Trump
appointees.”
He
points
to
the
130-year-old
precedent
of

United
States
v.
Wong
Kim
Ark, 
and
thinks
that
even
the
conservative
dominated
Supreme
Court
will
err
on
the
side
of
birthright
citizenship.

It’s
reasonable
to
wonder
whether
the
current
Supreme
Court
will
defy
Trump
on
an
issue
about
which
he
has
campaigned
so
aggressively.
It’s
undoubtedly
true
that
the
justices
have
bent
American
jurisprudence
into
novel
shapes
to
avoid
direct
conflict
with
Trump.
But
backing
birthright
citizenship
doesn’t
require
some
unprecedented
feat
of
progressive
jurisprudence.
Just
look
at
the
Fuller
Court,
which
decided

Wong
Kim
Ark
.
Two
years
earlier,
it
issued

Plessy
v.
Ferguson
,
one
of
the
most
notoriously
racist
rulings
in
U.S.
history.
Even
those
justices

who
embraced
the
two-tiered
“separate
but
equal”
regime
of
race
relations
that
ruled
the
United
States
for
generations

couldn’t
find
an
honest
way
around
the
14th
Amendment’s
plain
language.
This
precedent
will
loom

rightly
and
heavily

over
any
move
the
Court
makes.

But
before
SCOTUS
takes
up
the
case,
the
ACLU
is
doing
everything
it
can
to
ensure
success.
Because,
though
the
rock
solid
legal
foundation
of
birthright
citizenship
*should*
be
enough
to
end
the
inquiry
we’ve
seen
some
shockingly
obsequious
behavior
in
the
age
of
Trump.
Like,
I
dunno,
when
the
Fifth
Circuit’s
James
Ho

despite

previously
writing

that
it
would
take
a
constitutional
amendment
to
overturn
birthright
citizenship


let
Trump
and
the
rest
of
the
world

know
he
was
totally
cool
with
the
retrograde
position
of
birthright
citizenship
that
the
47th
president
is
staking
out.

What
better
way
to
avoid
ambitious
appellate
court
judges
auditioning
for
a
potential
Trump
nomination
to
the
Supreme
Court
than
to
take
your
case
to
a
circuit

the
only
one
in
the
nation

with

no
active
judges
appointed
by
Republicans
?
That’s
what
the
ACLU
did
(along
with
a
coalition
of
state
Attorneys
General
in
a
subsequently
filed
lawsuit).
(Both
complaints
are
available
below.)

Now,
putting
your
lawsuit
in
the
First
Circuit,
even
without
any
active
duty
Republicans,
is
far
from
the
most

problematic
form
of
judge
shopping

that
plagues
our
judiciary.
If
the
GOP
is
particularly
infuriated
by
the
tactic,
perhaps
they’ll

reconsider
their
stance

on
the
Judicial
Conference’s
proposal
on
how
cases
implicating
a
nationwide
injunction

are
assigned.

Indeed,
if
this
question
makes
it
to
the
appellate
level
there’s
even
a
chance
they’ll
pull
a
panel
with
one
or
more
of
the
senior
status
judges
appointed
by
Republicans
in
the
circuit.
But
there
won’t
be
any
judges
low-key
interviewing
for
a
promotion
and
that
makes
it
a
lot
more
likely
the
case
is
decided
on
constitutional,
rather
than
political,
grounds.

Then
we’ll
just
have
to
cross
our
fingers
when
it
makes
it
to
the
Supreme
Court.

ACLY
birthright
lawsuit

State
AGs




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].