Non-Sequiturs: 10.21.18 | Above the Law

Stormy Daniels (Photo by ROBYN BECK/AFP/Getty Images)

* Orin Kerr offers his thoughts on the Allison Jones Rushing controversy (aka how young is too young to be a federal judge). [Reason / Volokh Conspiracy]

* If President Trump and Senate Republicans are packing the courts with conservatives, then it’s time for Democrats to pack back, according to Michael Klarman. [Take Care]

* Howard Wasserman offers some insights into the recent dismissal of Stormy Daniels’s defamation lawsuit against Trump. [PrawfsBlawg]

* And while we’re on the subject of media law, Gerard Magliocca has an interesting observation about Justice Ruth Bader Ginsburg and the right of publicity. [Concurring Opinions]

* Speaking of RBG, Jonathan Adler argues that she could learn a thing or two from her newest colleague, Justice Brett Kavanaugh, when it comes to hiring law clerks. [Bench Memos / National Review]

* Joel Cohen raises an intriguing question about prosecutors: to what degree are they required to fight their own biases? [New York Law Journal]

DBL square headshotDavid Lat is editor at large and founding editor of Above the Law, as well as the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at

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