The BLT: The Blog of Legal Times

Obama Administration to Recognize Utah Same-Sex Marriages

The Obama administration said today it will recognize hundreds of same-sex marriages in Utah that were performed after a federal judge struck down the state's ban but before the U.S. Supreme Court blocked the judge's decision pending appeal.

Attorney General Eric Holder Jr. announced that for purposes of federal law, the marriages will be "recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages."

The Supreme Court's temporary block, allowing Utah to fight the ruling in the U.S. Court of Appeals for the Tenth Circuit, cast doubt on those marriages, Holder said in a statement. Utah's governor said the state will not recognize the marriages, Holder noted.

The Morning Wrap

Quiet times: "The surprising silence coming from the Supreme Court over the last week on a challenge to Obamacare by a group of Colorado nuns suggests justices are divided over what to with the complicated dispute," the Los Angeles Times reports. The U.S. Department of Justice is opposed to the stay Justice Sonia Sotomayor issued on New Year's Eve.

No women: The Am Law Daily has this story today: "No New Women Partners at Five Am Law Firms This Year." From the report: "Scores of Am Law 200 lawyers have celebrated achieving a long-sought career goal in recent weeks as their firms announce the latest class of new partners. In some cases, however, the crowd of revelers is surprisingly homogeneous."

Missing: Tens of thousands of Indians who are owed money under a landmark settlement over land royalties cannot be found, The New York Times reports. “Historically, there is no question that the government mismanaged these accounts and should have known where these people were,” David Smith, a lawyer involved in the case, told the Times.

Still looking: Pattons Boggs, The New York Times reports, "is not immune to the broader forces sweeping the legal field, where law firms long accustomed to operating like exclusive clubs are finding that they have to be nimble business strategists as well." Earlier coverage here and here in The Am Law Daily on Patton Boggs' now-ended merger talks with Locke Lord.

Judicial Nominee Votes Delayed On Capitol Hill

The Senate Judiciary Committee renewed its push to confirm a long slate of judicial nominees today, but the 29 judges set for a vote today will have to wait another week.

Republicans took advantage of a courtesy given the minority party to "hold over" a nominee the first time they appear on the agenda for a vote. It's not new; Republicans on the committee have employed the courtesy on almost every judicial nominee in the past few years.

This time, the Republicans delayed a vote on all judicial nominees on the agenda—five for circuit seats and 24 district court picks. The group included two Munger, Tolles & Olson litigation partners nominated for seats on the U.S. Court of Appeals for the Ninth Circuit: John Owens in Los Angeles and Michelle Friedland in San Francisco.

Senate Bill Seeks Transparency in Settlements

Two senators introduced legislation today to make settlements with federal enforcement agencies more transparent.

Sens. Tom Coburn (R-Okla.) and Elizabeth Warren (D-Mass.) said the Truth in Settlements Act will require greater public disclosure about agreements and it will create greater accountability concerning the actual value of deals made with federal agencies.

Federal agencies often tout the big-dollar amounts obtained from offenders. In some cases, though, tax deductions and other "credits" reduce the settlement's true value, the senators said in a written summary of the legislation.

Civil Rights Division Nominee Praised, Questioned in Senate

Debo Adegbile, the president's pick to run the Civil Rights Division at the U.S. Department of Justice, was praised today on Capitol Hill as "a remarkable example of the American Dream" during his confirmation hearing. But he also faced an array of questions from Republicans on his qualifications to lead a key post.

Adegbile, a former top lawyer at the NAACP Legal Defense and Educational Fund, testified at the Senate Judiciary Committee that civil rights enforcement has improved employment, access to education and increased access to the political process.

"We can do more to protect civil rights. We must do more to protect civil rights, and the [Civil Rights] division stands ready to protect civil rights of all Americans," Adegbile said. "I've seen the impact that enforcing civil rights can have on real people's lives."

CIA Sued Over Records About Nelson Mandela

A doctoral student at the Massachusetts Institute of Technology is suing the Central Intelligence Agency over documents about the late South African president and anti-apartheid activist Nelson Mandela.

After Mandela’s death on Dec. 5, MIT student and historian Ryan Shapiro sent Freedom of Information Act requests to the CIA, the Federal Bureau of Investigation, the National Security Agency and the Defense Intelligence Agency requesting records that mentioned Mandela.

Shapiro, whose research includes exploring how dissent is policed, claims the CIA did not respond to his inquiry, which included a request for expedited processing. A response to that request, he alleged, was due Dec. 29. He filed a lawsuit today in the U.S. District Court for the District of Columbia.

D.C. Lawyers Renominated to Superior Court

Three Washington attorneys picked last year for the District of Columbia Superior Court were renominated yesterday by President Barack Obama.

The nominations of William Nooter, Sherry Trafford and Steven Wellner are back on track for consideration by the Senate. Unlike federal court nominees, who go before the Senate Judiciary Committee, nominees to the District's local courts are handled by the Senate Committee on Homeland Security and Governmental Affairs.

The Senate returned dozens of judicial nominees and other executive appointees to the White House on Jan. 3. Legal Times' Todd Ruger has more on how President Obama's federal court nominees fared.

Former Croatian Military Official Sues to Remove Sanctions

Ante Gotovina, a retired Croatian military official acquitted of war crimes charges in 2012, is suing the U.S. Department of Treasury to lift economic sanctions against him in place for more than a decade.

The International Criminal Tribunal for the Former Yugoslavia convicted Gotovina of war crimes in connection with a military operation in Croatia in 1995. In 2012, the Appeals Chamber of the tribunal reversed his conviction and set him free.

The U.S. government listed Gotovina as a Specially Designated National in 2003, subjecting him to economic sanctions. After his acquittal, Gotovina asked the Treasury Department's Office of Foreign Assets Control to remove the designation, to no avail, according to the complaint he filed yesterday in the U.S. District Court for the District of Columbia.

The Morning Wrap

Hill Hire: Rep. Trey Radel (R-Fla.) has hired Washington lawyer Robert Walker to represent him in a House Ethics Committee investigation related to possessing an illegal drug, USA Today reports.

Friendly Fire: U.S. Rep. David Scott (D-Ga.) has asked to testify against President Barack Obama's judicial nominees for Georgia, The Atlanta Journal-Constitution reports.

Gun Fight: U.S. District Judge Edmond Chang rules that Chicago's ban on virtually all sales and transfers of firearms is unconstitutional, CNN reports.

Paul Clement Takes on Health Care Law Again

Paul Clement of Bancroft listens to Sen. Ron Johnson (R-Wis.) speak about the lawmaker's new lawsuit on Capitol Hill today. Credit: Diego Radzinschi

Republicans have turned again to Paul Clement of Bancroft for a high-profile challenge to President Barack Obama's new health care law.

Clement appeared on Capitol Hill today next to Sen. Ron Johnson (R-Wis.), who filed a federal lawsuit today challenging an Office of Personnel Management rule regarding health coverage for members of Congress and staff.

The issue is narrow but politically potent: Johnson wants the courts to void a rule that allows lawmakers and their staff to receive subsidies for their health plans. The Senate, Johnson said, held votes on provisions that require members of Congress and staffs to be treated the same way as constituents.