“It is a truism that laws tend to be arranged for the benefit of the political class.” Even so, would you expect Connecticut law to provide that private employers must hold open the jobs of full-time elected officials for as much as eight years in case they decide to return? My new blog post at Cato has details.
Paul Caron at the justly admired TaxProf blog has been patiently documenting the IRS scandal since the start and his daily link roundups are now as relevant as they have ever been. More: CNN, John Hinderaker/PowerLine, A. Barton Hinkle (finger of responsibility points at Congress), Peter Suderman. Earlier here, etc.
Update: IRS said on Tuesday that computer crashes swallowed without a trace the emails of several other employees central to the nonprofit-targeting probe, and admitted it waited months to tell congressional investigators that it did not expect to produce Lois Lerner’s emails.
From a September New Yorker profile by writer Ryan Lizza of Tom Steyer, the billionaire political donor promoting environmental causes:
Steyer is, at first glance, an unlikely leader of the environmental movement. He is rangy and square-jawed, and he has exquisite establishmentarian credentials, to say nothing of a vast pile of money. He honed his raffish sense of humor at Phillips Exeter Academy, and went on to get degrees from Yale and Stanford business school. Before starting his own fund, he worked at Goldman Sachs and Morgan Stanley….
This must represent the New Yorker editors’ special idiomatic use of the word “unlikely” to signify “clichéd, stereotypical, and exactly as you would expect.” William Tucker has written at more length about the subject.
- NY Assembly Speaker Sheldon Silver hangs blame for a retrospectively unpopular position on the *other* Sheldon Silver. Credible? [NY Times via @jpodhoretz]
- Julian Castro, slated as next HUD chief, did well from fee-splitting arrangement with top Texas tort lawyer [Byron York; earlier on Mikal Watts]
- 10th Circuit: maybe Colorado allows too much plebiscitary democracy to qualify as a state with a “republican form of government” [Garrett Epps on a case one suspects will rest on a “this day and trip only” theory pertaining to tax limitations, as opposed to other referendum topics]
- “Mostyn, other trial lawyers spending big on Crist’s campaign in Florida” [Chamber-backed Legal NewsLine; background on Crist and Litigation Lobby] “Texas trial lawyers open checkbooks for Braley’s Senate run” [Legal NewsLine; on Braley’s IRS intervention, Watchdog]
- Contributions from plaintiff’s bar, especially Orange County’s Robinson Calcagnie, enable California AG Kamala Harris to crush rivals [Washington Examiner]
- Trial lawyers suing State Farm for $7 billion aim subpoena at member of Illinois Supreme Court [Madison-St. Clair Record, more, yet more]
- Plaintiff-friendly California voting rights bill could mulct municipalities [Steven Greenhut]
- John Edwards: he’s baaaaack… [on the law side; Byron York]
- Also, I’ve started a blog (representing just myself, no institutional affiliation) on Maryland local matters including policy and politics: Free State Notes.
Sen. Harry Reid seems to have been central:
“We felt really good the last couple of days,” said the tech lobbyist. “It was a good deal—one we could live with. Then the trial lawyers and pharma went to Senator Reid late this morning and said that’s it. Enough with the children playing in the playground—go kill it.”…
Trial lawyers are heavy donors to Democratic politicians, including Reid. … The long history of the divide over other kinds of legal tort reform loomed over the bill, which was dubbed the Innovation Act in the House. The fact that it was the trial lawyers’ lobby that reportedly delivered the death blow suggests that the rift only got wider as debate dragged on.
Key Litigation Lobby allies like Sen. Dick Durbin (D-Ill.) and Sen. Sheldon Whitehouse (D-R.I.) spoke out against the legislation on the Senate floor. [Joe Mullin, ArsTechnica]
A federal judge has quashed the stunningly abusive “John Doe” proceedings that had resulted in midnight raids on the homes of leading conservative activists across the state. I’ve got more in a new Cato post; fuller coverage at the Milwaukee Journal Sentinel, Watchdog.org (and series), and the decision itself is here. Earlier coverage here, here, and here. I conclude:
The citizens of Wisconsin must now demand a full accounting of how these raids could have happened. They should also insist on changes in state law, in particular the “John Doe” law, aimed at ensuring that nothing like them ever happens again.
Update: Seventh Circuit panel stays ruling pending appeal.
- Criminalizing Wisconsin politics: judge declines to throw out counter-suit against home-raiding, computer-seizing “John Doe” probe [Journal Sentinel, ruling, Wisconsin Watchdog, Steve Forbes, earlier]
- Defense of career agency employees’ leaking to Congress and the press to resist political appointee leadership [Amanda Leiter, SSRN]
- Hurricane and mass tort lawyer Steve Mostyn emerges as big political benefactor [David Yates, Chamber-backed SE Texas Record] More: Hello, Mr. President!
- Gotham press chooses up sides on Attorney General Eric Schneiderman [Jack Shafer]
- Florida Supreme Court among nation’s most politicized, so there’s a certain amount of karma at work here [FCIR]
- Wow: Braley campaign says he knew “he was being videotaped at the private fundraiser” [DMR via Jason Pye, United Liberty, earlier] Nothing discouraged, he’ll keynote New York trial lawyers’ event [Legal NewsLine]
- Pennsylvania legislator named in abortive sting appears down to his last few friends [PennLive]
Laws requiring campaign donation disclosure can reinforce conformist pressures, notes my colleague Ilya Shapiro on the episode of the tech CEO who stepped down after an outcry over his donation to California’s Prop 8 campaign a few years ago. [Forbes] On the wider significance of the episode (not mostly one of law or regulation, since the government did not and in my view should not get involved either way), I recommend Conor Friedersdorf’s careful analysis in the Atlantic.
Rep. Bruce Braley, a former head of the Iowa Trial Lawyers Association, has since his election been perhaps the most diligent advocate of Litigation Lobby interests in the House of Representatives. He had also been considered the front-runner for the Senate seat of departing Iowa Senator Tom Harkin, until a covert video leaked out of Braley apparently fund-raising at a trial lawyer gathering in Texas [Des Moines Register]:
To put this in stark contrast, if you help me win this race, you may have someone with your background, your experience, your voice, someone’s who’s been literally fighting tort reform for 30 years in a visible and public way on the Senate Judiciary Committee or you might have a farmer from Iowa who never went to law school, never practiced law, serving as the next chair of the Senate Judiciary Committee. Because if Democrats lose the majority, Chuck Grassley will be the next chair of the Senate Judiciary Committee.
Almost nothing about the remarks — including the slighting tone toward Grassley, senior senator and a popular figure in the state — is likely to increase Braley’s appeal to Iowa voters. Dan McLaughlin writes:
As a lawyer myself, I like the idea that we should have some lawyers on the Senate Judiciary Committee and on its staff, but the whole point of democracy is that the common man gets a say in how he is governed, not just the experts. Relatedly, Braley’s stress on “your background, your experience, your voice” just emphasizes how he sees the voice and interests of trial lawyers as one that will be very different from that of farmers. …
he manages to sneak in the fact that he’s been a longstanding opponent of tort reform, and doesn’t even bother to come up with some focus-group-tested euphemism for reform. He’s bluntly telling the trial lawyers in the audience that he’s for their interests – not like those Iowa farmers.
A Grassley spokeswoman said that if it was somehow improper for a non-lawyer to lead a committee on legal matters, “a trial lawyer shouldn’t be involved in policy making about agriculture, or energy, or health care.” Per the Washington Post, “Over the course of his legislative career, Braley has raised $3.5 million from lawyers and law firms.”
And Twitter was kind of brutal:
I stand by Bruce Braley's comments…farmers are a menace and should be considered as such, I, however, am not running for election in Iowa.
— Ben Jones (@aspirationalbob) March 25, 2014
— JR Schueller (@schuellerj) March 25, 2014
— Brad Dayspring (@BDayspring) March 25, 2014