Above the Law - Thinking Like a Lawyer

Supreme Court hacking and the end of a Biglaw era.

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The Biglaw world continues to watch single-tier partnerships slip away with Sullivan & Cromwell joining the income partner trend. Will the industry have any single-tier firms left by the end of the year? Also former Senator and current Hogan Lovells lawyer Kyrsten Sinema tagged with an alienation of affection tort from her former bodyguard's soon-to-be ex-wife. Come for the bad soap opera plot, stay for the MDMA-inspired psychedelic trip allegations. Finally, the Supreme Court got hacked, but federal law enforcement managed, a couple years after the fact, to track down the culprit whose social media handle was "ihackedthegovernment." Cracker jack work all around.

And Judge Ho's auditioning for MAGA favor takes a disgusting turn.

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With polls showing more Americans now favor abolishing ICE than keeping it, a lot of people will be disappointed to learn that the law is set up to make it almost impossible to hold anyone accountable for killing Renee Good. From sovereign immunity, to the Federal Officer Removal Statute, to the decline of Bivens, to qualified immunity, the whole system is arrayed to shield federal agents from legal redress. Speaking of the Minnesota ICE surge, we moved a step closer to a genuine Third Amendment case after the Department of Homeland Security pressured Hilton Hotels into dropping a franchisee that had refused to rent rooms to DHS. And finally, Judge James Ho published a broadside against fellow judges in his bid to reach the top of the Trump administration's Supreme Court wishlist. And all he had to do was mock judges receiving violent threats and dishonor a judge's murdered son.

Welcome to another dumpster fire of a year.

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We begin the year by peering into our crystal balls and issuing some predictions for 2026. Who will be fired? What's going to happen with law schools? Is a big change on the horizon for Biglaw? Our predictions will inevitably be wrong, but we'll offer them with a lot of confidence -- just like AI would.

Also a whole lot of sports talk for a law podcast.

Three trends dominated this year's coverage.

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We've made it to the end of the year! And what do we have to show for it as a profession? Our most elite law firms signed deals rather than stand up for themselves in the face of illegal Trump bullying efforts. Others quietly tried to erase their history to avoid the administration's ire. But some firms did fight back and achieved consistent success in court, while the dealmakers got heckled and derided by young lawyers. And, as anyone who has ever watched Star Wars knows, deals with authoritarians just get worse all the time. The New York Times even wrote a feature on a certain publication covering this story.

We also ran headlong into a constitutional crisis marked by DOJ lawyers lying to courts -- when the DOJ even bothers to field lawyers legally -- senior government officials declaring "war" on federal judges, and judges being arrested. As right-wing threats against federal judges escalated, the Supreme Court responded with disinterest, preferring to fan the flames with nakedly partisan shadow docket rulings to grease the wheels of Trump's assault on the structure of government. And, finally, we look at the year of AI in legal. Hallucinations dominated the conversation -- from law firms and judges alike -- but this was also the year legal tech made huge bets on AI and folks started to realize that the profession can't avoid the technology. The billable hour may finally be on the decline, but does AI risk making lawyers dumber?

Ho ho ho...gan Lovells merging.

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A critical analysis of the best variety of Coca-Cola product gives way to a conversation about law this week. Cadwalader ends its tumultuous year -- involving a Trump administration capitulation and a series of defections -- with a big quasi-transatlantic merger announcement with cross-Pond Hogan Lovells. Christmas came early -- to the extent anyone thinks of U.S. News law school rankings as "Christmas" -- with a prediction about the new law school pecking order. And it looks like garbage at a time when those rankings may be more important than ever. Also, ICE appears to be publishing an enemies list? That doesn't seem great. All that and some thoughts on Alan Dershowitz writing a new book suggesting Trump might be able to get a third term despite the clear text of the Constitution.