Morning Docket: 02.12.19

* When trying to credibly disavow past comments making light of sexual assault victims, try to do it sometime before your entire career hinges on pantomiming remorse. [National Law Journal] * Steptoe the latest firm to unveil a new strategy to promote diversity. [American Lawyer] * In the latest ABC News “The Investigation” podcast, John …

Read moreMorning Docket: 02.12.19

Morning Docket: 12.18.18

* Michael Flynn’s going in for sentencing today. My money is on him not throwing out the plea deal over materiality. [National Law Journal] * Meanwhile, some of his old cronies have been charged for acting as illegal agents of Turkey, which is not the cooperation that’s getting the most attention, but it’s the cooperation …

Read moreMorning Docket: 12.18.18

Non Sequiturs: 12.16.18

* In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year’s tax reform that reduced the ACA’s “shared responsibility payment” for lacking health-care coverage to zero. [MedCity News]

* Josh Blackman agrees with Judge O’Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy]

* Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn’t issue a national injunction. [Reason / Volokh Conspiracy]

* Adam Feldman takes a closer look at the Federal Circuit’s relationship to the Supreme Court — including which members of the Federal Circuit are most frequently vindicated by SCOTUS. [Empirical SCOTUS]

Read moreNon Sequiturs: 12.16.18