Wednesday, July 28, 2021

National Pork Producers Council v. Ross (9th Cir. - July 28, 2021)

I'm not exactly in the dating world these days, but I suspect that on a first date, saying that you're a "lawyer" has both its upsides and downsides.  It may perhaps signify that you're an "earner" -- that's traditionally a good thing -- but it may also potentially signal (to some) that you're somewhat boring.

That latter conclusion might be rebutted if you were able so say things like "I'm a divorce attorney for celebrities" or "I litigate election cases against Donald Trump" -- or, depending on one's politics, "for Donald Trump."  But most of us are perhaps unable to say anything similarly facially exciting.  Truthfully, anyway.

That thought came to my mind as I read this opinion from the Ninth Circuit.  (One of seven from today, I might add.)

I don't imagine that appellant's counsel -- Timothy Bishop from Mayer Brown -- tries to pick up women in bars much, that he uses his professional status to do so, or that he'd elect to use today's case were he to decide otherwise.  Nonetheless, I imagine the following hypothetical conversation:

Woman:  What do you do for a living?
Brown:  I'm a lawyer.
Woman:  Oh.
Brown:  I represent the National Pork Producers Council.
Woman:  Pork producers.  How fascinating.
Brown:  I'm working to strike down a California law that makes sure that pigs don't live their lives confined to a pen that's less than 24 square feet.
Woman:  Yeah.  I have a boyfriend.