StatPack Extended OT ’24 – Above the Law

The
enclosed
report
represents
the
culmination
of
a
ten-month
effort
to
provide
summary
statistics
and
corresponding
analysis
for
the
Supreme
Court’s
2024
Term
(October
2024
to
June
2025),
which
we
hope
to
replicate
for
future
terms.
It
is
intended
to
serve
principally
as
an
appendix
for
the SCOTUSblog
Statpack
 with
additional
metrics
related
to
oral
arguments
and
the
Court’s
docket.

Our
goal
was
to
provide
a
comprehensive
overview
of
the
term
while
recognizing
that
much
of
what
we
offer
remains
surface-level
data.
In
recent
years,
some
have
taken
exception
to
how
data
such
as
these
are
used,
particularly
as
it
relates
to
drawing
generalizable
claims
of
the
Court
and
its
Justices.
We
would
like
to
take
the
time
to
state
our
position
on
these
concerns:

First,
we
fully
recognize
that
our
data
provides
only
surface-level
inferences.
As
many
have
pointed
out,
the
Court
retains
considerable
discretion
with
respect
to
the
size
and
scope
of
its
docket.
Indeed,
a
considerable
majority
of
the
Court’s
decision-making
is
determining
which
appeals
will
not
receive
review,
rather
than
what
will.
It
is
not
lost
on
us
that
the
population
of
orally
argued
and
decided
cases
in
the
2024
term
are
not
fully
emblematic
of
the
Court’s
broader
decision-making.
While
we
do
provide
statistics
on
the
docket
more
generally,
we
advise
pursuing
additional
scholarship
focusing
on
this
area.

Second,
our
summary
analyses
do
not
make
distinctions
between
cases
of
varying
importance
to
the
national
discourse.
Not
because
we
fail
to
recognize
that
these
distinctions
obviously
exist,
but
because
our
goal
is
to
provide
an
overview
of
the
Justices’
most
observable
decision-making
behaviors

irrespective
of
the
broader
importance
some
of
these
decisions
may
have
compared
to
others.
In
short,
they
are
numbers

nothing
more,
nothing
less.
There
is
no
underlying
agenda
in
our
decision
to
present
topline
statistics.

Finally,
we
recognize
that
these
data
do
not
belong
to
us
in
perpetuity.
Once
we
have
published
our
report,
any
person,
outlet,
or
entity
are
free
to
use
them

just
as
we
have
been
facilitating
open
access
to
our
data
throughout
the
term.
Nonetheless,
we
ask
those
who
read
our
report
to
be
conscientious
of
the
fact
that
we
cannot
control

nor
do
we
particularly
wish
to
control

how
they
are
used.
The
Supreme
Court
retains
special
significance
in
our
national
discourse,
and
its
decisions
can
surely
draw
considerable
divisions
among
observers.
Some
readers
may
take
exception
to
how
others
choose
to
interpret
these
data.
We
ask
that
you
not
hold
it
against
us.

We
would
like
to
give
special
thanks
to
Vikram
Narasimhan,
Zachary
Shemtob,
Sarah
Isgur,
Kelsey
Dallas,
and
all
those
who
offered
guidance
and
research
assistance
in
the
development
of
this
report.

– Adam
Feldman
 (J.D.,
Ph.D.); Jake
S.
Truscott
 (Ph.D.)

Statpack
Extended
Ot24

10.5MB

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file


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How
To
Accurately
Interpret
Unanimity
In
Supreme
Court
Decision

341KB

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Adam
Feldman
runs
the
litigation
consulting
company
Optimized
Legal
Solutions
LLC.
Check
out
more
of
his
writing
at Legalytics and Empirical
SCOTUS
.
For
more
information,
write
Adam
at [email protected]. Find
him
on
Twitter: @AdamSFeldman.

This Law Firm Partner Will Never Stop ‘Clowning Around’ – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


It
is
common
to
think
that
good
lawyers
stand
out
in
a
crowd.
In
fact,
the
sad
truth
is
that
most
lawyers
are
a
commodity
item,
and
in
order
to
stand
out,
we
need
to
be
different.
My
greatest
revelation,
as
a
result
of
my
decade
of
participating
as
a
clown
was
that
I
began
to
stand
out

not
only
for
my
legal
ability
or
professionalism,
but
because
I
was
a
clown.


When
I
was
introduced
at
legal
and
social
gatherings,
people
would
say,
“He
is
a
lawyer,
but
guess
what?
He
is
also
a
clown.”
Word
of
mouth
began
to
spread,
and
I
was
eventually featured
on
a
PBS
documentary
depicting
the
behind-the-scenes,
yearlong
preparation
to
be
in
the
parade.
After
that, even
in
serious
judicial
proceedings
when
I
had
made
a
presentation
to
the
court,
I
would
hear
the
refrain
from
the
judge,
“Mr.
Tatelbaum,
you’re
not
clowning
around
are
you?”
This
would,
on
occasion,
unnerve
a
client
in
the
courtroom
who
was
unaware
of
my
extracurricular
activity.






Charles
M.
Tatelbaum
,
a
director
at Tripp
Scott
,
in
an
essay
published
at

Law360
,
as
part
of
a
series
where
attorneys
explain
how
their
“unusual
extracurricular
activities”
have
helped
them
in
their
careers.
In
addition
to
his
legal
career,
Tatelbaum
works
as
a
clown
on
a
volunteer
basis
during
the
Macy’s
Thanksgiving
Day
Parade
each
year.
He
says
that
performing
as
a
clown
has
enhanced
his
communication
skills,
even
though,
“[t]o
[his]
sometimes
chagrin,
[he
is]
better
known
as
‘Chuckles
the
Clown’
than
as
Charles
Tatelbaum
the
attorney.”


Staci Zaretsky




Staci
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.

Despite Series Of Losses, Trump Is Trying, Again, To Defend His Biglaw Executive Orders – Above the Law

(Photo
by
DON
EMMERT/AFP
via
Getty
Images)

Donald
Trump
has
nothing
but
losses
when
it
comes
to
defending
his

Executive
Orders

targeting
Biglaw
firms.
A
series
of
federal
judges
in
different
jurisdictions

and
appointed
by
a
variety
of
presidents,

both
Democratic
and
Republican


have
determined
the
EOs
violate
the
Constitution
in
an
array
of
ways
(specifically
the
First,
Fifth,
and
Sixth
Amendments).
Indeed,
every
Biglaw
firm
(Perkins
Coie
,

Jenner
&
Block
,

WilmerHale
,
and

Susman
Godfrey
)
that
challenged
the
EOs
in
court
were
granted
summary
judgment.

But
you
just
know
Trump
isn’t
going
to
rest
until
Sam
Alito
has
an
opportunity
to
weigh
in.

That’s
right,
the
Department
of
Justice
filed
a

notice
of
appeal

to
the
D.C.
Circuit
in
the
Perkins
Coie
matter,
chronologically

the
first
case
to
challenge
the
Biglaw
EOs
.
While
the
basis
for
the
appeal
isn’t
listed,
we
know
the

MAGA
legal
brain
trust
has
been
test
driving
arguments

in
defense
of
the
EOs
that
all
basically
boil
down
to
“I’m
the
president
and
I
can
do
what
I
want.”
Which
might
sound
vapid
and
unserious,
but

after
the

latest

eye-popping

set
of

decisions

from
the
Supreme
Court,
well,
you’d
be
justified
in
being
at
least
a
little
nervous.

But Perkins
Coie
is
projecting
nothing
but
confidence
and
strength,
saying
in
a
statement,
“The
courts
have
permanently
blocked
all
four
unlawful
executive
orders
targeting
law
firms
because
those
orders
violate
core
constitutional
freedoms.”

“We
look
forward
to
presenting
our
case
to
the
D.C.
Circuit
and
remain
committed
to
ensuring
that
the
unconstitutional
executive
order
targeting
our
firm
is
never
enforced,”
it
added.

“In
the
meantime,
we
will
continue
to
practice
law,
as
we
have
for
over
a
century,
and
remain
guided
by
the
same
commitments
that
first
compelled
us
to
bring
this
challenge:
to
protect
our
firm,
safeguard
the
interests
of
our
clients,
and
uphold
the
rule
of
law.”

Let’s
hope
the
rule
of
law
survives
the
attack
the
Biglaw
EOs
represent.




Kathryn
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].

Universal Music Group Pushes To Dismiss Drake’s Desperate Attempt To Save Face From Lyrical Beatdown – Above the Law

Pictured:
Shaky
Warrior
(Photo
by
Cole
Burston/Getty
Images)

Rap
lyrics
are
treated
differently
than
other
genres
when
it
comes
to
facing
legal
consequences.
Even
when
things
are
stated
in
the
starkest
of
terms,
there’s
a
degree
of
artistic
license
that
is
assumed.
Gerard
Way
and
the
rest
of
My
Chemical
Romance
didn’t
get
any
unexpected
wellness
checks
or
the
like
after
their
repeated
performances
of
I’m
Not
Okay
(I
Promise)
.”
Nor
did
Paul
McCartney
or
Ringo
Starr
get
charged
with
threatening
a
minor
for
the
line
I’d
rather
see
you
dead,
little
girl
/
Than
to
be
with
another
man

on
the
song
“Run
For
Your
Life.”
Taylor
Swift
has
written
several
songs
about
her
exes
and
hasn’t
been
dragged
to
court
over
aired
laundry.
And
yet,
Zohran
Mamdani
risks
being
denaturalized
over
rap
lyrics

from
nearly
a
decade
ago
.
If
only
Young
Cardamom
was
a
Country
act.

After
getting
musically

beaten
,

curbstomped
,
and

victory
lapped

by
Kendrick
Lamar,
Aubrey
Graham
is
leaning
on
legal
in
a
last
ditch
effort
to
fake
influence
and
win
a
rap
battle.
Drake
has
pointed
the
blame
at
Universal
Music
Group,
Spotify,
miscellaneous
YouTube
streamers

hell,
everyone

but

Kendrick
Lamar

arguing
that
the
rap
battle
tipped
over
into
defamation
when
Lamar
accused
Drake
of
being
a
pedophile.
In
what
is
the
legal
equivalent
of
responding
“boo
hoo,”
UMG
is
moving
to
dismiss
the
suit.

Law360

has
coverage:

Universal
Music
Group on
Monday
urged
a
New
York
federal
judge
to
dismiss
a
defamation
suit
from
hip-hop
star
Drake
against
the
record
label
over
the
hit
dis
track
“Not
Like
Us”
by
his
rival
Kendrick
Lamar,
casting
Lamar’s
lyrics
as
opinion
and
hyperbole.

At
a
hearing
Monday
afternoon
before
U.S.
District
Judge
Jeannette
Vargas,
an
attorney
for
UMG,
Rollin
Ransom
of Sidley
Austin
LLP,
argued
that
the
context
surrounding
Lamar’s
statements
is
key,
because
contextual
analysis
often
determines
whether
statements
are
asserted
as
fact
or
opinion.

“What
you
hear
in
these
rap
battles
is
trash
talking
to
the
extreme,
and
should
not
be
treated
as
statements
of
fact,”
Ransom
said.

Part
of
the
dispute
hinges
on
Kendrick
using
the
phrase
“certified
pedophiles”
in
the
song
“Not
Like
Us.”
The
judge
showed
some
concern
that
the
qualifier
certified
could
be
read
as
Kendrick
saying
that
Drake
was
officially
proven
to
be
a
pedophile.
Ransom
responded
that
an
ordinary
listener
should
have
enough
context
to
listen
to
the
song
and
not
read
the
certified
bit
as
a
foregone
legal
conclusion.
I
think
that
he’s
right.
Drake
has
referred
to
himself
as
a
“certified
lover
boy”–
he
dropped
an
album
with
the
same
name
in
2021

it
just
seems
like
Kendrick
was
flipping
the
word
certified.

Rappers
do
lyric
flips
all
the
time
.
What’s
next,
holding
a
rapper
civilly
liable
for
a
double
entendre?

The
judge
has
yet
to
rule
on
the
case.
Would
be
nice
if
this
case
was
wrapped
up
so
we
could
all
listen
to
the
new
Clipse
album

without
worrying
that
it,
too,
will
become
evidence
in
a
Drake
lawsuit
.


UMG
Says
Drake
Insults
Are
Just
Trash
Talk,
Not
Defamation

[Law360]


Earlier
:

Drake’s
Attempt
To
Parlay
Rap
Battle
Loss
Into
Courtroom
Success
Results
In
Another
Loss


I
Don’t
Think
People
Understand
How
Silly
It
Is
To
Use
Song
Lyrics
As
Evidence



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
is
learning
to
swim, is
interested
in
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.

Trump’s Lawyers Go To Iowa To Learn How To CivPro – Above the Law

(Photo
by
Brendan
McDermid-Pool/Getty
Images)

Donald
Trump’s
lawyer
Edward
“Sideshow
Bob”
Paltzik
is
gonna
learn
him
some
civil
procedure
if
he
has
to
step
on
every
rake
in
Iowa.
And
he
might!

His
adventures
began
in
December
of
2024,
when
he
and
local
counsel
Alan
Ostergren
filed
a

trollsuit

in
Polk
County
District
Court
against
pollster
Ann
Selzer
and
the

Des
Moines
Register

for
aggravated

getting
a
poll
wrong
.
The
case
was
premised
on
the
theory
that
the
“poll”
was
actually
a

super-secret
conspiracy

by
Selzer,
the

Des
Moines
Register
,
and
the
Register’s
parent
company
Gannett
to
defraud
Iowa
“consumers”
by
supplying
defective
“merchandise”
in
violation
of

Iowa’s
Consumer
Fraud
Act

But
perhaps
the
president’s
sparklemagic
counsel
should
have
spent
less
time
on
their
whizbang
theory
and
more
time
hiring
a
process
server.
In
the
event,
they
only
managed
to
serve
Gannett,
a
Delaware
company
doing
business
in
New
York,
which
instantly
filed
a

notice
of
removal
,
bouncing
the
case
into
the
US
District
Court
for
the
Southern
District
of
Iowa.
And
that’s
how
young
Eddie
learned
about

snap
removal
!

But
Trump’s
legal
team
had
another
trick
up
its
sleeve!
On
January
31,
they

amended
the
complaint

adding
two
Iowa
lawmakers,
US
Rep
Mariannette
Miller-Meeks
and
former
state
senator
Bradley
Zaun,
as
plaintiffs.
The
move
was
a
transparent
attempt
to
get
the
case
remanded
to
state
court
by
defeating
diversity
jurisdiction.
In
fact,
Selzer
hadn’t
even
polled
Zaun’s
race.
Which
is
how
Paltzik
learned
about
fraudulent
joinder,
as
well
as
judicial
discretion.
Exercising
the
second,
Judge
Rebecca
Ebinger
declined
to
find
the
first,
but
nonetheless

ruled

that
the
lawmakers
were
not
“indispensable”
parties
and
denied
the
motion
for
joinder.
On
May
23,
she
ordered
Trump
to
file
an
amended
complaint
without
the
rando
politicians
in
seven
days.

Judge
Ebinger
did
give
the
plaintiff
a
gift
of
sorts,
though.
Noting
that
snap
removal
hadn’t
been
definitively
blessed
by
the
Eighth
Circuit,
she
certified
the
issue
for
interlocutory
appeal.
Trump
immediately

accepted
the
invitation

and
secured
a
brief
stay
until
July
18
to
file
his
amended
complaint. 

But
time
waits
for
no
clown,
and
in
the
meantime
the
Iowa
state
legislature

unanimously
passed
a
bill

to
create
an
expedited
motion
for
media
defendants
to
dismiss
SLAPP
suits
that
target
the
freedom
of
the
press.
That
bill,
House
File
472,
was
signed
into
law
by
Gov.
Kim
Reynolds
on
May
19
and
takes
effect
on
July
1. 

Had
Trump
filed
his
amended
complaint
on
June
1,
as
instructed,
he’d
have
been
in
the
clear.
But
amending
his
complaint
on
July
18
would
likely
have
subjected
his
garbage
suit
to
the
fee-shifting
provision
of
the
new
anti-SLAPP
law
in
the
unlikely
scenario
that
he
was
able
to
persuade
the
Eighth
Circuit
to
remand
him
to
state
court.

And
so,
with
that
anti-SLAPP
clock
ticking,
Trump’s
lawyers
put
on
their
MAGA
hats
and
hatched
a
clever
plan
to
get
back
into
state
court
one
day
before
the
new
law
was
scheduled
to
go
into
effect.
On
Monday,
they
filed
a

notice
of
voluntary
dismissal

in
federal
court
and
simultaneously

re-filed
in
state
court
.
If
they
could
just
remember
to
serve
the
Iowa
defendants
first,
they’d
be
home
free!

Except

THEY
FORGOT
ABOUT
THEIR
APPEAL
TO
THE
EIGHTH
CIRCUIT.

Trump’s
pending
appeal
divested
the
trial
court
of
jurisdiction
to
dismiss
his
case.
He
needed
to
dismiss
that
appeal

before

voluntarily
dismissing
the
complaint
in
the
district
court.
Which
he
could
have
done,
even
without
the
defendants’
consent,
so
long
as
he
did
it

first

(and
gave
the
court
sufficient
time
to
enter
an
order
of
dismissal).

And
that’s
how
counselor
Paltzik
learned
about

Rule
42

of
the
Federal
Rules
of
Appellate
Procedure!

Hours
after
Trump
tried
to
nope
out
of
his
lawsuit,
Gannett

moved
to
strike

the
notice
of
dismissal
as
improper.
Today,
Judge
Ebinger

ordered

Trump’s
lawyers
to
respond
to
that
motion
to
strike
within
24
hours.
Can’t
wait
to
see
what
vagaries
of
civil
procedure
these
geniuses
learn
next!

It’s
difficult
to
imagine
what
they’ll
say,
but
given
that
this
is
the
team
that
thinks
being
wrong
about
math
is
a
tort,
they’ll
undoubtedly
come
up
with

something
.
But
for
all
intents
and
purposes,
even
if
they
win,
the
federal
court
will
enter
an
order
of
dismissal
dated
July
2
or
later.
And
that
means
the
deadline
for
Trump
to
sneak
into
state
court
ahead
of
the
new
anti-SLAPP
law
has
almost
certainly
come
and
gone.

Trump’s Lawyers Go To Iowa To Learn How To CivPro – Above the Law

(Photo
by
Brendan
McDermid-Pool/Getty
Images)

Donald
Trump’s
lawyer
Edward
“Sideshow
Bob”
Paltzik
is
gonna
learn
him
some
civil
procedure
if
he
has
to
step
on
every
rake
in
Iowa.
And
he
might!

His
adventures
began
in
December
of
2024,
when
he
and
local
counsel
Alan
Ostergren
filed
a

trollsuit

in
Polk
County
District
Court
against
pollster
Ann
Selzer
and
the

Des
Moines
Register

for
aggravated

getting
a
poll
wrong
.
The
case
was
premised
on
the
theory
that
the
“poll”
was
actually
a

super-secret
conspiracy

by
Selzer,
the

Des
Moines
Register
,
and
the
Register’s
parent
company
Gannett
to
defraud
Iowa
“consumers”
by
supplying
defective
“merchandise”
in
violation
of

Iowa’s
Consumer
Fraud
Act

But
perhaps
the
president’s
sparklemagic
counsel
should
have
spent
less
time
on
their
whizbang
theory
and
more
time
hiring
a
process
server.
In
the
event,
they
only
managed
to
serve
Gannett,
a
Delaware
company
doing
business
in
New
York,
which
instantly
filed
a

notice
of
removal
,
bouncing
the
case
into
the
US
District
Court
for
the
Southern
District
of
Iowa.
And
that’s
how
young
Eddie
learned
about

snap
removal
!

But
Trump’s
legal
team
had
another
trick
up
its
sleeve!
On
January
31,
they

amended
the
complaint

adding
two
Iowa
lawmakers,
US
Rep
Mariannette
Miller-Meeks
and
former
state
senator
Bradley
Zaun,
as
plaintiffs.
The
move
was
a
transparent
attempt
to
get
the
case
remanded
to
state
court
by
defeating
diversity
jurisdiction.
In
fact,
Selzer
hadn’t
even
polled
Zaun’s
race.
Which
is
how
Paltzik
learned
about
fraudulent
joinder,
as
well
as
judicial
discretion.
Exercising
the
second,
Judge
Rebecca
Ebinger
declined
to
find
the
first,
but
nonetheless

ruled

that
the
lawmakers
were
not
“indispensable”
parties
and
denied
the
motion
for
joinder.
On
May
23,
she
ordered
Trump
to
file
an
amended
complaint
without
the
rando
politicians
in
seven
days.

Judge
Ebinger
did
give
the
plaintiff
a
gift
of
sorts,
though.
Noting
that
snap
removal
hadn’t
been
definitively
blessed
by
the
Eighth
Circuit,
she
certified
the
issue
for
interlocutory
appeal.
Trump
immediately

accepted
the
invitation

and
secured
a
brief
stay
until
July
18
to
file
his
amended
complaint. 

But
time
waits
for
no
clown,
and
in
the
meantime
the
Iowa
state
legislature

unanimously
passed
a
bill

to
create
an
expedited
motion
for
media
defendants
to
dismiss
SLAPP
suits
that
target
the
freedom
of
the
press.
That
bill,
House
File
472,
was
signed
into
law
by
Gov.
Kim
Reynolds
on
May
19
and
takes
effect
on
July
1. 

Had
Trump
filed
his
amended
complaint
on
June
1,
as
instructed,
he’d
have
been
in
the
clear.
But
amending
his
complaint
on
July
18
would
likely
have
subjected
his
garbage
suit
to
the
fee-shifting
provision
of
the
new
anti-SLAPP
law
in
the
unlikely
scenario
that
he
was
able
to
persuade
the
Eighth
Circuit
to
remand
him
to
state
court.

And
so,
with
that
anti-SLAPP
clock
ticking,
Trump’s
lawyers
put
on
their
MAGA
hats
and
hatched
a
clever
plan
to
get
back
into
state
court
one
day
before
the
new
law
was
scheduled
to
go
into
effect.
On
Monday,
they
filed
a

notice
of
voluntary
dismissal

in
federal
court
and
simultaneously

re-filed
in
state
court
.
If
they
could
just
remember
to
serve
the
Iowa
defendants
first,
they’d
be
home
free!

Except

THEY
FORGOT
ABOUT
THEIR
APPEAL
TO
THE
EIGHTH
CIRCUIT.

Trump’s
pending
appeal
divested
the
trial
court
of
jurisdiction
to
dismiss
his
case.
He
needed
to
dismiss
that
appeal

before

voluntarily
dismissing
the
complaint
in
the
district
court.
Which
he
could
have
done,
even
without
the
defendants’
consent,
so
long
as
he
did
it

first

(and
gave
the
court
sufficient
time
to
enter
an
order
of
dismissal).

And
that’s
how
counselor
Paltzik
learned
about

Rule
42

of
the
Federal
Rules
of
Appellate
Procedure!

Hours
after
Trump
tried
to
nope
out
of
his
lawsuit,
Gannett

moved
to
strike

the
notice
of
dismissal
as
improper.
Today,
Judge
Ebinger

ordered

Trump’s
lawyers
to
respond
to
that
motion
to
strike
within
24
hours.
Can’t
wait
to
see
what
vagaries
of
civil
procedure
these
geniuses
learn
next!

It’s
difficult
to
imagine
what
they’ll
say,
but
given
that
this
is
the
team
that
thinks
being
wrong
about
math
is
a
tort,
they’ll
undoubtedly
come
up
with

something
.
But
for
all
intents
and
purposes,
even
if
they
win,
the
federal
court
will
enter
an
order
of
dismissal
dated
July
2
or
later.
And
that
means
the
deadline
for
Trump
to
sneak
into
state
court
ahead
of
the
new
anti-SLAPP
law
has
almost
certainly
come
and
gone.

Trump’s Lawyers Go To Iowa To Learn How To CivPro – Above the Law

(Photo
by
Brendan
McDermid-Pool/Getty
Images)

Donald
Trump’s
lawyer
Edward
“Sideshow
Bob”
Paltzik
is
gonna
learn
him
some
civil
procedure
if
he
has
to
step
on
every
rake
in
Iowa.
And
he
might!

His
adventures
began
in
December
of
2024,
when
he
and
local
counsel
Alan
Ostergren
filed
a

trollsuit

in
Polk
County
District
Court
against
pollster
Ann
Selzer
and
the

Des
Moines
Register

for
aggravated

getting
a
poll
wrong
.
The
case
was
premised
on
the
theory
that
the
“poll”
was
actually
a

super-secret
conspiracy

by
Selzer,
the

Des
Moines
Register
,
and
the
Register’s
parent
company
Gannett
to
defraud
Iowa
“consumers”
by
supplying
defective
“merchandise”
in
violation
of

Iowa’s
Consumer
Fraud
Act

But
perhaps
the
president’s
sparklemagic
counsel
should
have
spent
less
time
on
their
whizbang
theory
and
more
time
hiring
a
process
server.
In
the
event,
they
only
managed
to
serve
Gannett,
a
Delaware
company
doing
business
in
New
York,
which
instantly
filed
a

notice
of
removal
,
bouncing
the
case
into
the
US
District
Court
for
the
Southern
District
of
Iowa.
And
that’s
how
young
Eddie
learned
about

snap
removal
!

But
Trump’s
legal
team
had
another
trick
up
its
sleeve!
On
January
31,
they

amended
the
complaint

adding
two
Iowa
lawmakers,
US
Rep
Mariannette
Miller-Meeks
and
former
state
senator
Bradley
Zaun,
as
plaintiffs.
The
move
was
a
transparent
attempt
to
get
the
case
remanded
to
state
court
by
defeating
diversity
jurisdiction.
In
fact,
Selzer
hadn’t
even
polled
Zaun’s
race.
Which
is
how
Paltzik
learned
about
fraudulent
joinder,
as
well
as
judicial
discretion.
Exercising
the
second,
Judge
Rebecca
Ebinger
declined
to
find
the
first,
but
nonetheless

ruled

that
the
lawmakers
were
not
“indispensable”
parties
and
denied
the
motion
for
joinder.
On
May
23,
she
ordered
Trump
to
file
an
amended
complaint
without
the
rando
politicians
in
seven
days.

Judge
Ebinger
did
give
the
plaintiff
a
gift
of
sorts,
though.
Noting
that
snap
removal
hadn’t
been
definitively
blessed
by
the
Eighth
Circuit,
she
certified
the
issue
for
interlocutory
appeal.
Trump
immediately

accepted
the
invitation

and
secured
a
brief
stay
until
July
18
to
file
his
amended
complaint. 

But
time
waits
for
no
clown,
and
in
the
meantime
the
Iowa
state
legislature

unanimously
passed
a
bill

to
create
an
expedited
motion
for
media
defendants
to
dismiss
SLAPP
suits
that
target
the
freedom
of
the
press.
That
bill,
House
File
472,
was
signed
into
law
by
Gov.
Kim
Reynolds
on
May
19
and
takes
effect
on
July
1. 

Had
Trump
filed
his
amended
complaint
on
June
1,
as
instructed,
he’d
have
been
in
the
clear.
But
amending
his
complaint
on
July
18
would
likely
have
subjected
his
garbage
suit
to
the
fee-shifting
provision
of
the
new
anti-SLAPP
law
in
the
unlikely
scenario
that
he
was
able
to
persuade
the
Eighth
Circuit
to
remand
him
to
state
court.

And
so,
with
that
anti-SLAPP
clock
ticking,
Trump’s
lawyers
put
on
their
MAGA
hats
and
hatched
a
clever
plan
to
get
back
into
state
court
one
day
before
the
new
law
was
scheduled
to
go
into
effect.
On
Monday,
they
filed
a

notice
of
voluntary
dismissal

in
federal
court
and
simultaneously

re-filed
in
state
court
.
If
they
could
just
remember
to
serve
the
Iowa
defendants
first,
they’d
be
home
free!

Except

THEY
FORGOT
ABOUT
THEIR
APPEAL
TO
THE
EIGHTH
CIRCUIT.

Trump’s
pending
appeal
divested
the
trial
court
of
jurisdiction
to
dismiss
his
case.
He
needed
to
dismiss
that
appeal

before

voluntarily
dismissing
the
complaint
in
the
district
court.
Which
he
could
have
done,
even
without
the
defendants’
consent,
so
long
as
he
did
it

first

(and
gave
the
court
sufficient
time
to
enter
an
order
of
dismissal).

And
that’s
how
counselor
Paltzik
learned
about

Rule
42

of
the
Federal
Rules
of
Appellate
Procedure!

Hours
after
Trump
tried
to
nope
out
of
his
lawsuit,
Gannett

moved
to
strike

the
notice
of
dismissal
as
improper.
Today,
Judge
Ebinger

ordered

Trump’s
lawyers
to
respond
to
that
motion
to
strike
within
24
hours.
Can’t
wait
to
see
what
vagaries
of
civil
procedure
these
geniuses
learn
next!

It’s
difficult
to
imagine
what
they’ll
say,
but
given
that
this
is
the
team
that
thinks
being
wrong
about
math
is
a
tort,
they’ll
undoubtedly
come
up
with

something
.
But
for
all
intents
and
purposes,
even
if
they
win,
the
federal
court
will
enter
an
order
of
dismissal
dated
July
2
or
later.
And
that
means
the
deadline
for
Trump
to
sneak
into
state
court
ahead
of
the
new
anti-SLAPP
law
has
almost
certainly
come
and
gone.

Loss Can Drive Merging – See Also – Above the Law

60-Lawyer
Exodus
Starts
Merger
Talk:
Move
’em
while
you
still
can!
Contempt
Of
Public:
Chief
Justice
Roberts
really
doesn’t
like
you
people.
Let
us
count
the
ways.
4th
Time’s
The
Charm:
Susman
Godfrey
just
netted
a
yuge
win
against
Trump.
Trump
Administration
Decides
Harvard
Didn’t
Do
Enough
To
Stop
Antisemitism:
This
is
going
to
get
used
as
leverage
somehow
isn’t
it?
Who
Is
The
Most
Prestigious
In
Boston?:
Read
this
to
find
out
which
regional
Biglaw
firm
reigns
supreme!

A Footnote (4) To History – Above the Law


The
Supreme
Court
just

extended
strict
scrutiny
protection

to
parents
lodging
religious
objections
to
public
school
lessons.
This
tiered
approach
to
review
has
its
roots
in
Footnote
4
of
the

United
States
v.
Carolene
Products

opinion.
What
product
was
Carolene
Products
trying
to
sell
that
ran
afoul
of
federal
law?


Hint:
While
the
statute
remains
on
the
books,
the
government
has
taken
the
stance
that
the
product
falls
outside
the
text
and
stopped
enforcing
the
law,
meaning
you
can
pick
up
a
version
of
the
offending
product
right
now.



See the
answer
on
the
next
page.

Trump Administration Places Thumb On Negotiation Scale, Decides Harvard Didn’t Do Enough To Fight Antisemitism – Above the Law

(Photo
by
Win
McNamee/Getty
Images)

Harvard
has
been
fighting
against
the
Trump
administration
on
multiple
fronts.
Not
only
has
the
government
frozen
billions
of
dollars
in
funding
that
could
have
gone
to
the
school,
it
also
wants
to
prevent
Harvard
from
hosting
and
teaching
international
students.
As
if
those
weren’t
enough,
the
school
is
also
being
accused
of
fostering
antisemitism.
That
was
grounds
for
revoking
Columbia’s
accreditation
status

now,
Harvard
may
be
forced
to
negotiate
with
the
administration
to
avoid
a
similar
fate.

New
York
Times

has
coverage:

The
Trump
administration
said
Monday
that
Harvard
University
violated
federal
civil
rights
law
by
failing
to
address
the
harassment
of
Jewish
students
on
campus,
increasing
the
pressure
on
the
Ivy
League
school
as
it
negotiates
a
possible
settlement
with
the
White
House.

In
their
letter,
the
Trump
administration
officials
said
that
Harvard’s
“commitment
to
racial
hierarchies”
had
“enabled
antisemitism
to
fester”
at
the
nation’s
oldest
and
wealthiest
university.
They
warned
that
not
making
“adequate
changes
immediately
will
result
in
the
loss
of
all
federal
financial
resources
and
continue
to
affect
Harvard’s
relationship
with
the
federal
government.”

The
“adequate
changes”
here
should
probably
be
read
as
“break
your
back
bending
over
backward
to
make
us
happy.”
Whatever
“solutions”
Harvard
could
come
up
with
to
address
the
antisemitism
accusations
would
still
have
to
work
within
the
“global
equity
and
inclusion
is
bad”
framework
Trump
&
Co.
are
holding
everyone
to.
It
isn’t
like
Harvard
could
prove
their
commitment
to
challenging
the
harassment
of
Jewish
students
on
campus
by
actively
recruiting
Jewish
faculty
or
students

that’s
affirmative
action.
Maybe
devote
funding
to
a
Harvard
Jewish
affinity
group
that
would
let
them
cover
the
costs
of
consciousness
raising
on
campus?
Not
likely:
a
consequence
of
Trump’s
anti-DEI
purge
is
that

everyone
is
doing
their
best
to
disband
affinity
groups

to
avoid
his
displeasure.
What
if
Harvard
wanted
to
“develop
a
faculty
panel
that
would
investigate
and
discipline
people
in
connection
with
certain
accusations
of
misconduct”?
Director
of
the
Office
for
Civil
Rights
at
the
Department
of
Health
and
Human
Services
Paula
M.
Stannard
hand-waved
it
as
being
too
little
too
late.

Whatever
that
magical
solution
would
be,
it
looks
like
negotiations
are
underway:

“Acting
extremely
appropriately”
reads
a
lot
more
Paul,
Weiss
than
it
does
Perkins
Coie.
Between
pulling
funding
and
nixing
Harvard’s
accreditation

like
they
did
with
Columbia
,
Trump
has
some
high-powered
cards
in
his
hands.
Harvard’s
“negotiation”
could
look
a
lot
more
like
folding
very
shortly.


Trump
Administration
Finds
Harvard
Violated
Civil
Rights
Law

[New
York
Times]


Earlier
:

So
Much
For
Free
Speech:
Harvard
Law
Students
Punished
For
Reading
Together
At
Campus
Library


Harvard
Doubles
Down
On
‘Protest’
Retaliation
&
Punishes
Teachers
For
Studying
In
Library


Harvard
Triples
Down
On
Punishing
Campus
Free
Speech,
Adds
Prayer
To
No-No
List


Trump
Administration
Threatens
To
Strip
Harvard
Law’s
Ability
To
Enroll
And
Teach
International
Students


Harvard
Law
Students
Vote
To
Divest
From
Israel



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
is
learning
to
swim, is
interested
in
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.