Once Again, The Media Gets Snookered – Above the Law



Ed.
note
:
Please
welcome
Vivia
Chen
back
to
the
pages
of
Above
the
Law.
Subscribe
to
her
Substack,
“The
Ex-Careerist,” here.

THEY
MIGHT
BE
LAUGHING
their
way
to
the
bank
but
they
aren’t
crowing
about
it.
Not
openly,
at
least.

And
who
can
blame
them?
It’s
embarrassing
to
talk
about
selling
your
soul
for
profit.

I’m
referring
to
the Capitulating
Nine
 —
Paul
Weiss,
Skadden,
Latham
&
Watkins,
Kirkland
&
Ellis,
Milbank,
Simpson
Thacher,
Willkie,
A&O
Shearman,
and
Cadwalader

law
firms
that
pledged
nearly
$1
billion
in
“pro
bono”
work
for
Trump-approved
causes
to
escape
his
wrath.
They’re
not
talking
about
what
kind
of
free
services
they’re
offering
Trump
or
how
their
client
base
has
changed

and
certainly
not
a
word
about morale at
their
firms.

They’re
not
talking,
but Republican
lobbyist
Brian
Ballard
,
who
brokered
some
of
those
deals,
is.
Recently,
he
sat
down
with
reporters
and
editors
at
Bloomberg
Law
(my
former
employer)
to
offer
“a rare
full-throated
defense
 of
firms
that
pledged
$940
million
in
free
legal
services
to
President
Donald
Trump.”


What
was
touted
as
an
“exclusive”
boiled
down
to
a
puff
piece
for
Ballard’s
lobbying
business
.
You’d
expect
tough
questions
for
Ballard
in
a
room
full
of
journalists.
But
that’s
not
what
came
across.
Sadly,
it’s
another
example
of
how
toothless
the
media
has
become
in
the
age
of
Trump.

Ballard
was
quoted
at
length
about
the
unique
service
he
offers
law
firms
and
how
the
really
smart
ones
(he
cited
Kirkland
&
Ellis
and
Simpson
Thacher
as
clients)
hired
him
to
smooth
the
path:

If
you
are
in
the
business
in
Washington,
DC,
of
working
for
clients
that
have
issues
before
the
government,
it’s
better
to
be
someone
who
can
work
with
the
government
than
someone
who
just
says
screw
you.
I
think
it’s
pretty
smart
for
those
guys
to
have
done
what
they’ve
done

the
guys
we
represented
and
others.


The
self-promotion
was
shameless,
but
where
was
the
follow-up?
 Where
were
the
questions
about
how
these
“smart”
deals
damage
a
firm’s
brand,
compromise
its
integrity,
or
threaten
the
independence
of
the
profession
writ
large?
Isn’t
there
a
moral
component
to
these
deals
that
merits
discussion?

Puzzling,
too,
is
why
this
statement
by
Ballard
was
left
to
stand
without
a
rejoinder:

This
administration
wants
to
resolve
things.
They’re
looking
to
address
the
issues
that
they’ve
raised,
but
they’re
not
looking
for
battles.
They’re
looking
for
more
friends
than
enemies

Really,
the
administration
is
just
looking
to
make
“friends”?
And
everyone
in
that
room
just
let
it
go?

Ballard
also
slammed
four
firms
— Perkins
Coie,
Jenner
&
Block,
WilmerHale,
and
Susman
Godfrey
 —
that
did
not
capitulate
but
instead
sued
the
administration
over
executive
orders.

“Some
of
these
law
firms
like
the
idea
of
having
an
enemy,”
Ballard
blithely
told
his
audience,
as
if
he
had
deep
insights
into
the
psychology
of
each
firm.
“Either
for
business
reasons
or
political
reasons,
that’s
why
they
do
it.”

And
was
there
a
raised
eyebrow
to
that
statement?
Well,
it
certainly
wasn’t
detectable
from
my
reading.
The
reporting
only
noted,
rather
perfunctorily,
that
Bloomberg
contacted
the
four
firms
but
got
no
reply.

The
article
is
chock
full
of
Ballard’s
self-serving
comments,
like
how
Kirkland
got
rewarded
with
trade
work
for
the
US
government
after
making
the
deal
with
Trump.
Though
there
was
a
passing
nod
or
two
to
how
controversial
these
deals
are

“the
firms
since
have
faced
a
backlash
in
the
legal
community
and
among
Democratic
lawmakers”

the
overall
impression
is
that
Ballard
is
the
indispensable
fixer
for
law
firms
in
the
Trump
era.

It’s
possible
that
some
journalists
in
that
room
did
ask
him
probing
questions
but
that
his
responses
were
off-the-record.
But
if
that’s
the
agreement,
shouldn’t
that
be
disclosed?
Because
as
written,
it
appears
as
if
the
audience
was
so
cowed
by
his
remarks,
so
pleased
that
a
Trump
insider
would
regale
them
with
his
tales,
that
everyone
stayed
quiet
like
well-behaved
children
at
a
school
assembly.


The
real
question
is
why
Ballard
was
given
this
platform
at
all.
 If
the
hope
was
that
he
would
cast
a
bright
light
onto
the
sausage-making
process,
he
didn’t
deliver.
We
learned
nothing
about
the
actual
negotiations,
how
the
firms
and
the
Trump
administration
arrived
at
the
price
tag,
or
how
much
Ballard
charges
for
his
services.
Instead,
he
controlled
the
narrative,
driving
home
the
point

ad
nauseum

that
he’s
The
Man.

To
put
it
bluntly,
this
was
an
infomercial.

Journalists
are
supposed
to
be
hellraisers.
Not
docile
listeners.
Guess
I’m
hopelessly
old
fashioned.




Subscribe
to
read
more
at
The
Ex-Careerist….




Vivia
Chen writes “The
Ex-Careerist”
 column
on
Substack
where
she
unleashes
her
unvarnished
views
about
the
intersection
of
work,
life,
and
politics.
A
former
lawyer,
she
was
an
opinion
columnist
at
Bloomberg
Law
and
The
American
Lawyer.
Subscribe
to
her
Substack
by
clicking
here:


Healthcare Experts Slam Florida’s Plan to End Vaccine Mandates – MedCity News

Florida
plans
to
eliminate
all
vaccine
mandates
statewide

including
those
for
schools

according
to
an
announcement
by
Florida
Surgeon
General
Dr.
Joseph
Ladapo
at
a
Wednesday

news
conference
.
The
move
has
sparked
strong
backlash
from
the
healthcare
community.

Ladapo,
who
is
a
longtime
vaccine
critic,
argued
that
“every
last
one
of
them
is
wrong
and
drips
with
disdain
and
slavery.”
Florida
would
be
the
first
state
to
end
all
vaccine
mandates.

“Who
am
I
as
a
man
standing
here
now
to
tell
you
what
you
should
put
in
your
body?
Who
am
I
to
tell
you
what
your
child
should
put
in
your
body?
I
don’t
have
that
right,”
he
said.
His
comments
were
made
alongside
Florida
Gov.
Ron
DeSantis.

The
announcement
comes
as
Robert
F.
Kennedy
Jr.

a
known
vaccine
critic

leads
the
U.S.
Department
of
Health
and
Human
Resources.
Kennedy
recently

removed
the
CDC
director

and
dismissed
the
agency’s
independent
vaccine
advisory
panel,
replacing
them
with
vaccine
skeptics.

It’s
estimated
that
vaccines
have
saved
about
154
million
lives
over
the
last
50
years,
the
vast
majority
being
infants,
according
to
the

World
Health
Organization
.

The
American
Medical
Association
slammed
Florida’s
plan
to
end
all
vaccine
mandates.

“This
unprecedented
rollback
would
undermine
decades
of
public
health
progress
and
place
children
and
communities
at
increased
risk
for
diseases
such
as
measles,
mumps,
polio,
and
chickenpox
resulting
in
serious
illness,
disability,
and
even
death,”
said
Sandra
Adamson
Fryhofer,
MD,
trustee
of
the
American
Medical
Association,
in
a
statement.
“While
there
is
still
time,
we
urge
Florida
to
reconsider
this
change
to
help
prevent
a
rise
of
infectious
disease
outbreaks
that
put
health
and
lives
at
risk.”

An
executive
at

Pluto
Health
,
a
company
focused
on
connecting
patients
to
needed
care
(including
vaccines),
also
condemned
the
announcement. 

“I
believe
this
decision
is
seriously
misguided,”
said
Eric
Perakslis,
Pluto
Health’s
chief
scientific
and
data
officer
and
former
chief
information
officer
of
the
FDA,
in
an
email.
“Having
worked
with
Partners
in
Health
and
Doctors
Without
Borders
in
countries
where
vaccines
are
not
readily
available,
I
have
seen
firsthand
the
devastating
consequences
when
people
suffer
from
diseases
that
could
have
been
eradicated
or
prevented.
It
is
heartbreaking
to
watch
communities
endure
avoidable
illness
simply
because
they
lack
the
access
to
basic
vaccines.”

Another
health
tech
executive

Dr.
Amy
Bucher,
chief
behavioral
officer
of

Lirio


expressed
concern
over
Florida’s
announcement.
Lirio
offers
a
personalization
engine
that
combines
behavioral
science
and
AI.
Bucher
is
also
a
researcher
who
recently
conducted
a

study

on
vaccination
behaviors
in
the
U.S.

“As
someone
who
has
studied
vaccine
behaviors
extensively,
including
the
barriers
that
already
exist
for
people
to
access
and
accept
vaccines,
I
find
this
decision
deeply
concerning.
Vaccine
mandates,
especially
in
institutional
settings
like
schools,
workplaces,
and
healthcare
facilities,
play
a
critical
role
in
protecting
public
health,”
Bucher
said.
“Removing
them
not
only
weakens
the
infrastructure
that
supports
vaccine
uptake
but
also
sends
a
signal
that
these
preventive
measures
are
optional
or
unnecessary.”


Photo:
Pornpak
Khunatorn,
Getty
Images

Morning Docket: 09.09.25 – Above the Law

*
Supreme
Court
authorizes
Trump
administration
to
begin
racially
profiling
Latinos

and

anyone
authorities
think
looks
Latino


in
another
shadow
docket
special.
[The
Nation
]

*
Review
calls
Amy
Coney
Barrett’s
new
book
“studiously
bland,”
which
perfectly
captures

the
lane

she’s
cynically
trying
to
claim
for
herself.
[NY
Times
]

*
State
judge
who
ruled
that
Trump
could
continue
his
suit
against
the
Pulitzer
Prize
for
giving
the
award
to
reporting
that
he
didn’t
like
now
confirmed
to
the
federal
bench.
[Reuters]

*
The
Biglaw
firms
who
didn’t
surrender
are
embracing
Trump
Media
work.
At
least
they’re
getting
paid
for
their
time.
[American
Lawyer
]

*
Companies
increasingly
fear
that
federal
worker
cuts
will
end
up
compromising
cybersecurity.
[Bloomberg
Law
News
]

*
E.
Jean
Carroll
award
upheld
on
appeal.
[Courthouse
News
Service
]

*
The
end
of
an
era
as
TaxProf
Blog,
a
fixture
of
the
legal
blogging
world
for
over
20
years,
puts
up
his
final
post.
[TaxProf
Blog
]

Policeman Sentenced To 10 Years In Jail For Killing Suspect During Arrest

Justice
Phildah
Muzofa
ruled
that
Mabvuwo,
a
15-year
veteran
of
the
Zimbabwe
Republic
Police,
acted
recklessly
when
he
fatally
shot
Douglas
Sivaminyile
during
an
attempted
arrest
in
Berejena
Village,
Makonde,
on
9
May
2024.

Sivaminyile
was
wanted
over
several
violent
assault
cases.
However,
instead
of
applying
minimal
force,
Mabvuwo
fired
three
shots
through
a
closed
bedroom
door,
killing
him.

Evidence
showed
that
Sivaminyile,
who
was
behind
the
door
at
the
time,
posed
no
immediate
threat
to
the
officer
or
his
colleagues.

Post-mortem
results
also
contradicted
Mabvuwo’s
claim
that
Sivaminyile
had
attacked
them
with
an
axe.

Justice
Muzofa
said
the
officer
must
have
foreseen
the
risk
of
death
but
pressed
ahead
regardless,
adding
that
he
failed
to
consider
safer
options
such
as
calling
for
reinforcements.

In
mitigation,
the
court
took
into
account
Mabvuwo’s
clean
service
record,
his
family
responsibilities,
and
his
financial
support
to
Sivaminyile’s
family
during
the
funeral.

However,
this
was
balanced
against
the
lasting
impact
of
Sivaminyile’s
death,
particularly
on
his
disabled
child,
who
relied
on
him
for
care.

Justice
Muzofa
emphasised
that
the
right
to
life
must
always
be
upheld
and
reminded
police
officers
of
their
duty
to
use
minimum
force.

She
said
the
10-year
sentence
was
aimed
at
balancing
justice,
deterrence
and
mercy.

Y’all Work Like This? – See Also – Above the Law

Midlevels
Are
Dealing
With
Crappy
Technology:
Some
say
the
laptops
are
“borderline
unusable.”
Tariff
Case
Headed
To
SCOTUS:
Scott
Bessent
is
damn
near
bragging
about
winning
already.
“Becoming
Thurgood”
Releases
Tomorrow:
Be
sure
to
watch
&
learn!
Is
That
A
Mariachi
I
Hear?:
Megan
Thee
Stallion’s
lawyers
give
Adin
Ross
a
lesson
in
civil
procedure.
Don’t
Get
Too
Excited
Over
“Agentic”
AI:
You
should
still
know
how
others
are
talking
about
it,
though.

Vendor Contracts: The Forgotten Goldmine Of Legal Ops, According To Navin Mahavijiyan – Above the Law

If
you
work
in-house
and
you’re
not
treating
your
vendor
contracts
like
strategic
assets,
you’re
overlooking
one
of
the
most
valuable
sources
of
operational
insight.
In
a
recent
episode
of
“Notes
to
My
(Legal)
Self,”
legal
ops
leader
Navin
Mahavijiyan
explained
how
most
legal
teams
are
sitting
on
a
treasure
trove
of
data
without
realizing
it,
and
what
to
do
about
it.

Watch
the
full
episode
here:


Contracts
Are
More
Than
Agreements.
They’re
Data
Sets
.

Vendor
contracts
often
live
quietly
in
the
background.
They
get
filed
away
and
rarely
resurface
unless
something
goes
wrong
or
a
renewal
is
approaching.
But
as
Navin
pointed
out,
these
agreements
contain
critical
information
about
how
a
business
functions,
spends,
and
scales.

“One
of
the
things
that
I’ve
come
to
learn
in
my
career
is
that
managing
your
vendor,
your
supplier,
your
subcontractor
contracts
is
incredibly
critical
for
the
business,”
Navin
said.
“That’s
a
huge
amount
of
spend.
Being
able
to
track
them

when
they
expire,
when
you
need
to
have
renewal
discussions,
or
just
the
fact
that
you
have
them

is
instrumental.”

This
isn’t
about
building
a
better
repository.
It’s
about
turning
static
documents
into
living
data
that
supports
smarter
business
decisions.


AI
Helps,
But
Only
When
You
Know
What
You
Need

Navin
is
a
strong
advocate
for
using
AI
to
manage
contracts,
but
with
a
caveat.
He
warns
against
rushing
into
a
tool
just
because
it
can
extract
a
lot
of
data.
The
key
is
clarity
of
purpose.

“When
you’re
just
starting
out,
the
typical
motion
is
let’s
take
our
contracts,
dump
them
into
a
tool,
and
have
the
vendor’s
AI
analyze
them,”
he
said.
“That’s
really
easy
to
do.
But
it
can
become
too
much.”

Instead,
start
with
your
priorities.
What
do
you
actually
need
to
know
to
support
your
business?
Renewal
dates?
Payment
terms?
Auto-renew
clauses?
Navin
recommends
building
a
shortlist
of
must-have
data
points
first.

“Have
your
own
checklist
on
what
data
points
you
want
to
collect
from
your
contracts,”
he
said.
“Then
you
also
know
what
needs
to
be
trained
into
the
AI.”


Searchable
Is
Good.
Contextual
Is
Better.

Scanning
and
uploading
contracts
into
a
central
system
might
check
the
box
for
“digitized,”
but
it’s
not
enough.
Navin
stressed
that
legal
teams
need
to
go
beyond
searchability
and
focus
on
usability.

This
includes
setting
up
alerts,
triggers,
and
workflows
that
actually
help
stakeholders
take
action,
whether
that’s
procurement
needing
to
renegotiate
a
contract
or
finance
needing
to
plan
for
upcoming
obligations.

“You
can
use
[AI]
to
analyze
all
the
contracts,
pull
vast
amounts
of
data
out
of
it,
make
them
searchable,
and
automate
alerts
and
tracking,”
Navin
said.
“The
right
people
in
different
parts
of
your
business
can
be
notified
when
something
as
simple
as
the
contract
is
about
to
expire,
or
when
language
creates
risk.”


Not
All
Contract
Data
Lives
In
The
Contract

One
of
the
smartest
points
Navin
made
is
that
some
of
the
most
useful
contract
data
isn’t
in
the
contract
itself.
Details
like
vendor
contacts,
internal
owners,
and
business
context
often
live
outside
the
document,
but
they’re
just
as
essential.

“There
are
elements
of
the
contract
information
that
are
not
in
the
contract
itself,”
he
explained.
“That’s
where
AI
can’t
help
unless
you
build
that
into
your
contract
review
process.”

Legal
ops
teams
need
a
process
to
capture
and
associate
this
metadata.
Intake
forms,
playbooks,
and
templates
can
go
a
long
way
in
closing
that
gap
and
making
the
contract
lifecycle
more
complete.


Too
Much
Information
Can
Be
Just
As
Bad

As
contract
systems
become
more
powerful,
there’s
a
temptation
to
broadcast
every
bit
of
data
to
every
stakeholder.
Navin
cautioned
against
this
approach.

“Finance
wants
to
know
very
different
things
from
your
delivery
folks
or
your
accounting
team,”
he
said.
“You
need
to
understand
their
cadence,
how
often
they
need
to
be
notified,
and
craft
alerts
that
are
robust
and
unique
to
each
group.”

The
goal
isn’t
to
make
everyone
a
contract
expert.
The
goal
is
to
deliver
the
right
insight
to
the
right
person
at
the
right
time.


Legal
Ops
Can
Lead
The
Shift

For
too
long,
vendor
contracts
have
been
treated
like
legal
housekeeping.
But
as
Navin
made
clear,
they’re
a
window
into
how
your
business
spends,
risks,
renews,
and
grows.
With
the
right
combination
of
tools
and
processes,
legal
teams
can
turn
that
window
into
a
control
panel.

This
is
more
than
a
tech
upgrade.
It’s
a
mindset
shift.

The
return
on
investment
isn’t
just
cleaner
records.
It’s
better
visibility,
faster
action,
and
greater
alignment
with
the
business.
Vendor
contracts
are
already
sitting
there,
waiting
to
be
unlocked.

Ready
to
start
digging?





Olga
V.
Mack
 is
the
CEO
of 
TermScout,
an
AI-powered
contract
certification
platform
that
accelerates
revenue
and
eliminates
friction
by
certifying
contracts
as
fair,
balanced,
and
market-ready.
A
serial
CEO
and
legal
tech
executive,
she
previously
led
a
company
through
a
successful
acquisition
by
LexisNexis.
Olga
is
also
Fellow
at
CodeX,
The
Stanford
Center
for
Legal
Informatics
,
and
the
Generative
AI
Editor
at
law.MIT.
She
is
a
visionary
executive
reshaping
how
we
law—how
legal
systems
are
built,
experienced,
and
trusted.
Olga 
teaches
at
Berkeley
Law
,
lectures
widely,
and
advises
companies
of
all
sizes,
as
well
as
boards
and
institutions.
An
award-winning
general
counsel
turned
builder,
she
also
leads
early-stage
ventures
including 
Virtual
Gabby
(Better
Parenting
Plan)
Product
Law
Hub
ESI
Flow
,
and 
Notes
to
My
(Legal)
Self
,
each
rethinking
the
practice
and
business
of
law
through
technology,
data,
and
human-centered
design.
She
has
authored 
The
Rise
of
Product
Lawyers
Legal
Operations
in
the
Age
of
AI
and
Data
Blockchain
Value
,
and 
Get
on
Board
,
with Visual
IQ
for
Lawyers (ABA)
forthcoming.
Olga
is
a
6x
TEDx
speaker
and
has
been
recognized
as
a
Silicon
Valley
Woman
of
Influence
and
an
ABA
Woman
in
Legal
Tech.
Her
work
reimagines
people’s
relationship
with
law—making
it
more
accessible,
inclusive,
data-driven,
and
aligned
with
how
the
world
actually
works.
She
is
also
the
host
of
the
Notes
to
My
(Legal)
Self
podcast
(streaming
on 
SpotifyApple
Podcasts
,
and 
YouTube),
and
her
insights
regularly
appear
in
Forbes,
Bloomberg
Law,
Newsweek,
VentureBeat,
ACC
Docket,
and
Above
the
Law.
She
earned
her
B.A.
and
J.D.
from
UC
Berkeley.
Follow
her
on 
LinkedIn and
X
@olgavmack.

Everything Everywhere All At Once (Trump Edition) – Above the Law

(Photo
by
Win
McNamee/Getty
Images)

Think
for
a
minute
about
coercion.

If
another
country
changes
its
trade
policies
in
a
way
that
hurts
the
United
States,
then
the
United
States

probably
through
Congressional
action

should
be
able
to
respond
by
changing
the
United
States’
trade
policy.
Perhaps
even
the
president,
without
Congressional
approval,
should
be
allowed
to
change
trade
policy,
although
that’s
less
clear.
But
if
another
country
does
something
completely
unrelated
to
trade

say,
for
example,
prosecuting
a
former
government
official
for
corruption

should
the
president
be
permitted
to
respond
by
changing
U.S.
trade
policy?

That’s
what
President
Donald
Trump
has
done.
Brazil
is
prosecuting
Jair
Bolsonaro
for
crimes
related
to
an
alleged
coup.
Trump
is
unhappy
with
this,
so
he’s
unilaterally
imposed
a
50%
tariff
on
goods
imported
from
Brazil.  

Brazil’s
supposed
offense
has
nothing
to
do
with
trade
policy,
but
Trump
thinks
he
can
use
U.S.
trade
policy
as
a
method
of
coercion.

If
Trump
is
right,
that
gives
the
president
unrestrained
power
to
coerce
other
countries
to
do
whatever
the
president
wants.
Trump
doesn’t
like
the
prime
minister
of
Nowhereistan?
A
gazillion
percent
tariffs
until
the
country
changes
prime
ministers!
Why
not?
The
president
can
coerce
any
foreign
country
to
do
anything.

Change
your
focus.
Instead
of
thinking
about
foreign
countries,
think
about
American
states.
State
laws
govern
state
crimes
and
punishments.
But
Trump
recently
decided
that
he
doesn’t
like
cashless
bail
(which
is
kind
of
odd,
since
he
has,
of
course,
repeatedly
been
released
on
cashless
bail).
Although
the
federal
government
has
no
power
over
how
states
administer
bail,
Trump
has
threatened
to
cut
off
federal
funds
from
states
that
don’t
eliminate
cashless
bail.
Trump’s
executive
order
doesn’t
specify
which
federal
funds
will
be
cut
off
from
the
states.
Presumably,
Trump
will
want
to
exercise
maximum
coercion
over
the
states

You
allow
cashless
bail?
Eliminate
all
federal
funding
to
the
state!
No
more
federal
highway
money!
No
more
federal
welfare
programs!

while
states
will
insist
that
only
funds
related
to
the
bail
system
(or
some
such
thing)
could
be
cut
off.

Trump
is
again
looking
for
a
wide-ranging
power
to
coerce:
If
the
states
don’t
do
what
he
likes

change
the
laws
governing
abortion! 
change
the
laws
governing
gun
control!

the
federal
government
has
the
right
to
cut
off
all
federal
funds.

So
much
for
states’
rights.

Change
your
focus.
Think
about
universities.
If
a
university
is
unlawfully
discriminating
against
some
group

diversity
programs
are
illegally
discriminating
against
white
kids;
the
university
is
illegally
permitting
antisemitism
to
go
unchecked

then
of
course
the
federal
government
should
be
able
to
cut
off
funds
relating
to
the
illegal
discrimination:
no
more
money
for
diversity
initiatives,
for
example.  

But
does
the
federal
government
really
wield
a
blunderbuss
in
this
situation?
The
federal
government
doesn’t
like
what
a
university
is
doing
with
its
diversity
initiatives,
so
the
federal
government
is
allowed
to
cut
off
hundreds
of
millions
of
dollars
in
grants
for,
say,
medical
research?

That’s
what
universities
are
facing,
and
it
feels
like
coercion.

How
about
law
firms?
The
federal
government
believes
that
law
firms
are
engaged
in
vexatious
litigation
that
hurts
the
national
interest.
Maybe
the
federal
government
has
some
interest
in
that.
Maybe
the
government
should
litigate
the
cases,
win,
and
ask
the
court
to
impose
sanctions
on
the
offending
law
firm.
But
can
the
government
really
forbid
a
law
firm’s
litigators
from
appearing
in
court
and
refuse
to
approve
mergers
proposed
by
a
firm’s
corporate
clients
to
coerce
the
firm
to
abandon
disfavored
representations?

Trump’s
federal
government
is
trying
to
coerce
the
world:
foreign
governments,
state
governments,
universities,
and
law
firms.
What
comes
next?

Oh!
If
the
federal
government
doesn’t
approve
of
an
individual,
the
federal
government
can
launch
an
investigation
of
that
person.
Just
ask
New
York
Attorney
General
Letitia
James,
or
Gen.
Mark
Milley,
or
special
counsel
Jack
Smith,
or
the
rest
of
’em. 
The
cost
of
defending
against
a
federal
investigation,
whether
or
not
any
charges
ultimately
result,
imposes
quite
a
financial
burden. 
That’s
pretty
damn
coercive.

Could
it
get
any
worse?

You
betcha.

President
Trump
decided
that
11
Venezuelans
might
be
trafficking
drugs,
so
he
ordered
the
military
to
blow
up
the
boat
they
were
on. 
The
U.S.
could
of
course
have
stopped
the
boat
and
arrested
the
people
on
board,
but
that
threatens
mere
time
in
prison. 
Blowing
people
to
smithereens,
before
any
charges
are
filed,
is
much
more
coercive.

Could
Trump
order
similar
strikes
against
people
he
deems
to
be
terrorists? 
People
he
deems
to
be
drug
traffickers
within
the
United
States? 
Anyone
else?

I
understand
that
the
federal
government
is
powerful,
and
the
president
is
a
powerful
guy. 
But
does
the
president
have,
and
do
we
really
want
him
to
have,
unfettered
power
to
coerce
anybody,
anywhere,
for
any
reason
at
all?




Mark Herrmann spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
later
oversaw
litigation,
compliance
and
employment
matters
at
a
large
international
company.
He
is
the
author
of 
The
Curmudgeon’s
Guide
to
Practicing
Law
 and Drug
and
Device
Product
Liability
Litigation
Strategy
 (affiliate
links).
You
can
reach
him
by
email
at 
[email protected].

How are cattle herders in Zimbabwe managing January disease?


For
many,
the
impacts
have
been
really
severe,
with
whole
herds
wiped
out
reducing
the
ability
to
plough,
supply
manure
and
get
milk
for
the
family.
In
our
discussions
of
‘success’
rank
transitions,
many
pointed
to
January
Disease
as
the
most
significant
negative
shock
of
the
past
years,
setting
people
back
from
earlier
upward
livelihood
trajectories.

The
disease
is
caused
by
the
blood
parasite
called Theileria
parva
bovis
,
which
is
conventionally
transmitted
by
the
brown
ear
tick
(Rhipicephalus
appendiculatus
),
although see
our
previous
blog
 for
a
discussion
of
the
many
uncertainties
involved.
A
combination
of
factors
led
to
the
outbreak
of
January
Disease
in
the
country,
including
the
incessant
rains
of
2016-17,
only
sporadic
dipping,
uncontrolled
cattle
movements
and
the
spread
of
ticks.
Since
then,
cattle
herders
have
had
to
respond,
often
without
the
support
of
formal
veterinary
services.

Cattle
owners
use
a
wide
range
of
strategies
to
treat
or
prevent
the
disease.
They
use
a
mix
of
traditional
plant
remedies
and
biomedicines.
Oxytetracycline
such
as
Terramycin,
Limoxin,
Copamycin,
Utratet
and
many
others
features
prominently
as
antibiotics
used
to
treat
the
disease.
These
antibiotics
are
sourced
within
and
outside
Zimbabwe,
including
from
Zambia
and
South
Africa.


Local
experiments,
adapted
treatments

Nearly
9
years
on
from
the
2016-17
outbreak,
there
are
now
some
established
local
specialists
who
treat
sick
animals
for
a
fee.
For
example,
in
Siboza
area
in
Zvishavane,
one
cattle
owner
said
that
when
her
animals
fall
sick,
she
consults
a
retired
wildlife
veterinarian
who
often
comes
with
his
own
biomedicines
to
treat
the
sick
animals.
He
charges
US$20
per
sick
animal.

Others
have
learnt
through
their
own
experiments
how
to
treat
the
disease.
For
example,
LC
is
one
of
the
most
careful
and
assiduous
cattle
farmers
in
Mvurwi
who
owns
over
60
cattle.
He
told
us
that
he
never
lost
a
single
animal
to
January
Disease
since
its
outbreak
in
his
area.
When
January
Disease
broke
out,
he
spent
some
time
moving
around
with
state
veterinarians
who
were
treating
sick
animals.
However,
despite
treating
the
sick
animals
with
biomedicines,
he
said
the
treated
cattle
continued
to
die.

Upon
conducting
post-mortems
of
the
dead
animals,
he
realised
that
the
reticulum
(susu)
was
‘always
hard
and
dry’.
Thus,
he
came
to
the
conclusion
that
cattle
were
dying
because
of
constipation.
Realizing
this,
he
doses
sick
animals
with
cooking
oil
in
quantities
of
350ml
per
young
animal
and
750ml
for
adult
animals.
The
cooking
oil
works
like
a
laxative.
In
addition,
he
also
injects
the
sick
animal
with
intramuscular
injections
of
Butachem
and
any
other
short/long
acting
oxytetracycline
such
as
Terramycin,
Penicillin
and
Limoxin.
He
injects
an
affected
animal
with
10ml
dosages
of
Butachem,
Terramycin
and
Penicillin
for
three
consecutive
days.

LC
admits
that
this
treatment
regime
was
not
found
in
‘veterinary
books’,
but
was
based
on
his
own
experimentation.
Overall,
LC
has
been
able
to
develop
an
effective
remedy
to
deal
with
the
disease.

For
constipation
problems
associated
with
January
disease,
some
use
unused
motor
oil
with
salt
to
treat
an
affected
animal.
For
example,
EC,
who
owns
eight
cattle
in
Mvurwi
doses
with
half
of
330ml
bottle
of
unused
motor
with
a
teaspoon
of
salt
to
an
affected
animal.
This,
he
said,
‘loosens’
the
stomach
of
the
animal.
Again,
as
in
the
case
of
LC,
EC
he
has
successfully
managed
to
save
his
sick
animals.
 Similarly,
one
A2
farmer
in
Gutu
told
us
that
he
“only
lost
animals
through
January
disease
in
the
early
years
when
he
didn’t
know
how
to
manage
it,
but
now
knows
how
to
control
it”.

Many
make
use
of
traditional
medicines
in
the
absence
of
effective
biomedicines.
A
variety
of
plants
are
used
to
treat
January
Disease.
Such
plants
are
mixed
to
make
maguchu
(a
strong
drench),
which
will
then
be
fed
to
the
sick
animal
through
the
mouth
in
doses
of
300ml
or
so,
depending
with
size
of
the
animal.
However,
those
who
were
using
these
traditional
medicines
were
reluctant
to
share
with
us
these
remedies.

In
other
places,
pastors
of
local
churches
are
giving
their
followers
minato’ (holy
remedies,
which
might
be
water
or
mealie
meal)
to
prevent
the
disease
from
striking
their
kraals.
This
is
often
sprayed
or
sprinkled
on
animals.
They
believed
that
the
disease
was
the
work
of
the
devil,
and
could
be
prevented
through
divine
intervention.
As
one
local
pastor
commented,
“My
son,
inoculating
your
animals
with
biomedicines
is
fine,
but
we
must
put
our
trust
in
God.”


Distrust
in
modern
biomedicines

Many
cattle
owners
have
tried
to
treat
the
disease
using
modern
medicines,
with
very
limited
success.
As
a
result,
there
is
a
growing
dismissal
or
even
distrust
of
these
modern
biomedicines.
As
one
farmer
declared:
“Injecting
animals
with
these
modern
medicines
is
a
worst
of
time
and
money”.
Others
believe
that
the
locally
available
modern
medicines
and
acaricides
are
no
longer
so
effective,
and
cattle
continue
to
die
after
receiving
treatment.
As
a
result,
some
cattle
owners
prefer
biomedicines
to
treat
the
disease
and
acaricides
to
control
ticks
from
South
Africa
and
Zambia.

For
those
who
have
successfully
managed
to
treat
the
disease
with
veterinary
biomedicines,
two
things
have
been
central
to
their
success.
First,
treatment
has
to
be
delivered
swiftly,
and
in
correct
dosages
to
ensure
survival
of
the
animals.
This
means
that
herders
have
to
be
particularly
alert
to
infections,
and
should
pose
a
sound
knowledge
of
the
symptoms
of
the
disease.
Such
symptoms
include
lack
of
appetite,
swollen
lymph
nodes
and
difficulties
in
breathing.
In
other
words,
the
disease
has
to
be
caught
early
to
ensure
high
chances
of
survival.
Second,
they
emphasised
that
sick
animals
must
be
kept
away
from
drinking
water
for
a
full
day
after
receiving
the
injections
to
ensure
that
treatment
does
not
get
‘diluted’.
Others
inoculate
their
unaffected
animals
periodically
using
Butachem
and
other
Oxytetracycline
drugs
such
as
Terramycin.

When
an
animal
falls
sick,
many
prefer
to
sell
it
to
local
butcheries
and
salvage
some
money
instead
of
trying
to
treat
the
animal.
Sick
animals
are
bought
for
a
pittance.
In
our
Gutu
and
Masvingo
sites,
at
the
height
of
the
outbreak,
a
sick
animal
was
sold
for
between
US$30
and
US$50.
Indeed,
a
few
local
entrepreneurial
people
made
their
fortunes
through
this
business.
In
some
cases,
‘local
specialists’
with
knowledge
on
how
to
treat
affected
animals
have
been
buying
sick
animals
on
the
cheap
and
successfully
treat
them.
In
Msipane
area,
one
local
specialist
has
successfully
managed
to
build
a
sizeable
herd
of
30
cattle
through
buying
sick
animals,
and
reviving
them.
He
transports
the
sick
animals
in
his
scotch-cart
to
his
homestead
for
treatment.


New
approaches
to
animal
health
care
are
urgently
needed

In
conclusion,
there
is
no
magic
solution
to
January
disease
in
cattle.
The
best
results
are
achieved
through
early
diagnosis,
effective
dipping
and
close
monitoring
of
the
herd.
Herd
owners
deploy
a
wide
range
of
remedies
to
treat
the
disease,
which
may
include
a
combination
of
biomedicines
and
herbal
concoctions.

In
the
absence
of
effective
and
widespread
veterinary
care
and
questions
raised
about
the
efficacy
of
medicines
bought
in
local
shops,
local
experimentation
and
improvision
is
important.
Reliance
on
‘local
experts’
is
crucial,
some
of
whom
now
sell
their
expertise,
while
others
share
their
learning
with
their
community.

As
environments
change

through
shifts
in
land
use,
climate
change
and
so
on

so
do
disease
ecologies,
this
means
constant
adaptation
to
changing
disease
threats
is
needed.
Knowledge
about
diseases
that
have
such
devastating
impact
is
essential,
but
reliance
on
formal
expert
knowledge
from
veterinary
departments
is
inadequate.

Working
with
local
experts
and
galvanising
responses
to
such
disasters
from
below
is
critical
but
is
currently
only
emerging
sporadically
and
without
coordination.
A
more
integrated
approach
to
participatory
disease
surveillance
and
response
is
urgently
needed
in
Zimbabwe
as
the
economic
cost
of
losses
of
livestock
as
has
occurred
through
January
Disease
is
massive.


As
argued
before
,
this
requires
taking
local
knowledge
and
experience
seriously,
understanding
changing
tick
ecologies,
shifts
in
disease
incidence
and
the
efficacy
of
different
treatment
approaches.
This
will
require
research
together
with
farmers
across
the
country.
The
hundreds
of
millions
of
dollars
lost
through
disease
deaths
surely
provides
a
justification
for
such
an
investment
urgently.


This
post
was
written
by
Tapiwa
Chatikobo
(PLAAS,
UWC)
and
first
appeared
on Zimbabweland

Post
published
in:

Agriculture

Humphrey’s Executor Executed In Broad Shadow Docket Slaying – Above the Law

Are
you
there,
Donald?
It’s
me,
John.
(Photo
by
Jabin
Botsford

Pool/Getty
Images)

Exercising
tremendous
restraint,
Chief
Justice
Roberts
managed
not
to
write
Executor?
I
hardly
knew
her!”
on
this
morning’s
opinion
functionally
overruling

Humphrey’s
Executor
.
Alas,
that
was
the
only
restraint
Roberts
mustered
today,
employing
the
infamous
“shadow
docket”
to
toss
90
years
of
Supreme
Court
precedent
to
fit
the
dementia-fueled
whims
of
his
patron
in
the
White
House.

He
may
be
named
John,
but
he’s
very
much

not
the
John
in
this
relationship
.

Donald
Trump
wants
to
fire
FTC
commissioner
Rebecca
Slaughter,
which
the
FTC’s
authorizing
legislation
and
Supreme
Court
precedent

the
aforementioned

Humphrey’s
Executor


forbid.
He
fired
her
anyway
and
she
sued.
Both
the
district
and
appellate
court
blocked
the
firing
on
the
grounds
that
the
law,
in
fact,
prevents
Trump
from
doing
this.

In
reversing
the
lower
courts
and
allowing
Trump
to
fire
Slaughter,
it’s
really
too
bad
that
Roberts
declined
to
add
the
glib,
two-sentence
“hardly
knew
her”
joke,
because
it
would
have
DOUBLED
the
number
of
sentences
he
devoted
to
ending
nearly
a
century
of
precedent.
And
would’ve
come
much
closer
to
providing
a
coherent
justification
than
anything
he
did
write.

In
his
annual
report,

Roberts
chastised
judicial
critics

for
failing
to
understand
the
opinions.
Read
the
opinion
,”
as
Justice
Barrett
would
say.
So,
let’s
be
fair
and
lay
out
the
precise
defense
Roberts
offers
for
this
bold
decision.

That’s
it.
In
fact,
that’s
not
even
an
opinion
because
he
put
out
the
order
without
an
opinion.

This
Supreme
Court
may
want
to
overrule

Humphrey’s
,
but
the
fact
is
that

they
have
not
done
so
yet
.
The
shadow
docket

or
whatever
sanitized
name
the
Federalist
Society
wants
to
rename
it

is
where
the
Supreme
Court
decides
emergency
requests
while
cases
work
their
way
through
the
legal
process.
In
this
case,
the
Trump
administration
said
that
it
really
wanted
to
fire
one
of
the
voting
members
of
the
Federal
Trade
Commission

immediately

rather
than
wait
to
see
if
the
Supreme
Court
eventually
overturns
established
precedent.
The
typical
rules
of
equitable
relief
would
dictate
keeping
Slaughter
in
her
position
until
the
matter
is
decided.

Roberts
chose
differently
based
on
four
key
factors:

First,
Donald
Trump
asked
him
to.

Second,
overturning

Humphrey’s

through
the
judicial
process
that
ostensibly
applies
to
everyone
equally
under
the
law…
takes
a
lot
of
time!
Think
of
all
the
corrupt
trade
practices
that
will
go
unused
while
we
wait
to
see
if

Humphrey’s


which,
again,
is
still
technically
THE
LAW

will
be
there
when
a
future
Supreme
Court
gets
around
to
it.

Third,
ruling
on
the
merits
requires
writing
a
decision.
The
conservatives
already
tried
to
thread
the

Humphrey’s

needle
via
the
shadow
docket
once,
struggling
to
explain
why
it’s
no
longer
the
law
to
the
extent
Trump
wants
to
gut
consumer
protection
but
IS
still
the
law
when
it
comes
to
protecting
the
Federal
Reserve
from
Trump
blowing
up
the
stock
market.
And,
as
they
say,
all
they
got
was
this
lousy

merciless
depantsing
from
Elena
Kagan
.
The
lesson
the
Republican
justices
took
from
watching
their
written
reasoning
get
snidely
dismantled
was…
stop
writing
reasons.

Fourth,
Donald
Trump
asked
him
to.

Customarily,
a
shadow
docket
opinion
like
this
would
only
apply
to
Slaughter’s
case
until
it
reaches
the
Supreme
Court
on
the
merits
(or
she
gives
up
because
this
order
makes
the
case
fruitless
to
pursue).
That’s
part
of
the
trade-off:
the
Supreme
Court
can
take
significant
action
without
the
benefit
of
full
briefing
in
part
because
it’s
temporary
relief,
but
also
because
it’s
restrained
to
a
single
matter.
But,
as
the
appeal
of
making
up
law
without
the
restrictive
constraints
of
the
judicial
process
grew,
the
justices
have
rewritten
the
rules
to
empower
themselves
more.
“Lower
court
judges
may
sometimes
disagree
with
this
Court’s
decisions,
but
they
are
never
free
to
defy
them,”
Justice
Gorsuch
recently
wrote,
accusing
a
lower
court
of
correctly
applying
existing
precedent
instead
of
taking
an
unrelated
and
unexplained
temporary
stay
and
imagining
what
the
law
might
someday
be
if
the
Supreme
Court
had
written
a
merits
decision
about
that
stay!


It’s
all
Calvinball
.

It
feels
like
it
was
just
last
week
that
multiple
lower
court
judges
told
the
media
that
the
Supreme
Court’s
insistence
on
unexplained
opinions
unceremoniously
overruling
decisions
that
blocked
Trump
action
has
resulted
in
increased
threats
to
their
personal
safety.
That’s
because
it

was
just
last
week
.
In
response,
Roberts
has
doubled
down,
overruling
lower
courts
while
refusing
to
offer
any
explanation
that
might
counter
the
White
House’s
own
claims
that
the
lower
courts
were
just

“rogue,”
“unhinged,”
“outrageous,”
and
“crooked.”

One
might
have
thought,
fresh
off
a
somewhat
unprecedented
critique
from
fellow
judges
over
issues
as
deeply
serious
as
their
personal
safety
and
public
faith
in
the
rule
of
law,
Roberts
would
sit
down
and
bang
out
a
few
pages
attempting
to
explain
that
the
lower
court
judges
weren’t
acting
in
bad
faith
to
thwart
Trump’s
messianic
mission.

But

he
just
doesn’t
care
.

Obviously,
some
judges
are
outrageous
and
crooked.
That
said,
it’s
probably
not
the
ones
who
wrote
detailed
opinions
citing
decades
of
precedent
in
blocking
Slaughter’s
firing.
It’s
more
likely
the
sort
of
judge
who
doesn’t
have
the
guts
to
explain
himself.


Earlier
:

Watch
The
Exact
Moment
John
Roberts
Realizes
He
Whored
Himself
Out


Elena
Kagan
Does
That
Thing
Elena
Kagan
Does
Where
She
Humiliates
The
Majority


In
A
Bold
Move,
Federal
Judges
Are
Calling
Out
The
Supreme
Court’s
Bullsh*t




HeadshotJoe
Patrice
 is
a
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Above
the
Law
and
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A
Lawyer
.
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