Andrew M. Ayers, Attorney at Law - January 2021

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JANUARY 2021

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What I Miss Most About Pre-Pandemic Life A Tribute to Nathaniel Rateliff and Live Music Venues

conference that went virtual this year. After a full day of legal presentations,

That same week, their popularity exploded after performing on “The Tonight Show” with Jimmy Fallon. I managed to get tickets for their concert that November at the Bowery Ballroom, and even though the venue was way too small, we paid too much money for our tickets on the secondary market, and the place was packed, it was one of the best concerts we’ve ever seen. The best part about Nathaniel Rateliff is that he makes music for almost any mood. His solo records are way more folksy than his band’s music, which is great when you need relaxation. (I’ve got “And It’s Still Alright” on as I write this.) If I’m working on documents, I’ll put on a solo album, but if I’m getting revved up before court, I might put on some songs from him and The Night Sweats. (“Parlor” is a favorite of mine if I just need to put a smile on my face.)

Have you ever attended a concert and felt like your life was changed in some way?

Nathaniel Rateliff recorded a one-hour concert from his personal studio that they played for attendees at the end of the day. Even though it was pre-recorded, he still spoke a little bit between songs and made it feel like you were next to him. It was a wonderful and relaxing way to unwind after a busy day. I’m very grateful that my wife and I actually managed to attend a Nathaniel Rateliff concert right before the pandemic hit. It was the last concert we attended before things got locked down. We had just come back from a weekend in London with my brother and his wife and were incredibly jet-lagged after arriving back in the U.S. But that didn’t stop us from going to the concert the next night. It was so soothing and relaxing for us, and we even ran into one of my tennis buddies. It’s hard to imagine what life would be like without live concerts. Whenever Nathaniel Rateliff comes on the radio, we still talk about those amazing memories in unique venues. I can’t wait for local stages to open again so they can thrive after all this devastation the pandemic has done to their business. We missed our December tradition of seeing Soul Asylum at First Avenue this year! Don’t forget to support your local music venues so we can all enjoy our favorite artists — big or small — whenever they’re able to come to town again!

This pandemic hasn’t been easy for many reasons, but one of them that really hits home is the lack of live music performances. As some of you know, I have a passion for music. While I was at St. John’s, I worked at KJNB, our college radio station, for all four years. After college, living in Brooklyn was a perfect place to catch an amazing concert. I often wish I had kept the ticket stubs from all of those shows in some kind of photo album (before they moved all of our tickets to our phone screens). Pre-pandemic, my wife and I used to go to 6–12 live music shows a year. About five years ago, Nathaniel Rateliff & The Night Sweats suddenly appeared to be all around us. I first discovered them when a talk radio show I listened to opened their morning show with one of their songs. Immediately, I was on iTunes and downloaded their album and listened to it all day in the background while I worked.

Even since the pandemic hit, I’ve had a chance to see him perform at a legal

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WHY CUTTING DOWN A SAGUARO CAN GET YOU JAIL TIME What Makes This Cactus So Special?

• Saguaros only grow in certain parts of the Sonoran Desert, which extends northward from northwestern Mexico into Arizona and parts of California.

Can you imagine getting 1–4 years in prison for picking a bouquet of flowers or chopping down a tree in your backyard? While not for just any old rose bush or oak tree, that’s the prison sentence you could face in Arizona if you get caught chopping down a saguaro cactus. The saguaro is an iconic cactus species. It’s the tall plant with prickly green arms that you immediately think of when you hear the word “cactus.” If a 1–4-year prison sentence seems harsh, consider these facts about the saguaro: • The saguaro’s white blossom is the Arizona state flower. (Yes, cactuses flower; they bloom in the right conditions, usually during the spring.) Locals take pride in their beloved spiky plants, which means senselessly

You won’t find this rare species anywhere else in the U.S., so it is protected under state law.

• These plants take an incredibly long time to grow and mature — up to 200 years! That means that some of the saguaro cactuses alive today in the Sonoran Desert were probably alive during the Civil War. • People just seem to love cutting down, shooting, and otherwise damaging saguaros. Since they take a long time to mature and are relatively rare

prison time. For a while, news outlets and websites claimed that the penalty was actually closer to 25 years — the sentence someone might get for murder. But, there’s no evidence of that in

Arizona law. However, the fact that this rumor has long been circulated shows that people understand how important the saguaro is and how important it is to conserve them.

to begin with, this vandalism and destruction is a serious problem.

chopping them down is bound to earn you some ire from the state’s residents.

These are some of the reasons why damaging a saguaro cactus is a Class 4 felony in Arizona and punishable with

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This judge-to-be was named William Marbury, and he took his case straight to the U.S. Supreme Court. After hearing the case, Marshall had two options. He could side with Jefferson, even though he believed he was legally wrong, or he could side with Marbury and risk the wrath of the president, who he feared would dissolve the court. In a historic twist, he chose door No. 3. Digging through the Constitution, Marshall discovered a line that required cases to go through a lower court before coming to the Supreme Court. That made Marbury v. Madison , which had come to the Supreme Court directly, out of Marshall’s jurisdiction. It also made the law Marbury had operated under unconstitutional. When Marshall pointed this out, it was the first time the Supreme Court had ever ruled on constitutionality, which set the precedent for its power today. If Marshall hadn’t cared so much about opposing his second cousin in 1803, it’s possible that Judge Barrett’s nomination in 2020 would have been much less contentious.

To learn more about this crazy piece of history, check out “Kitten Kick the Giggly Blue Robot All Summer,” an episode of the podcast “Radiolab.”

Chief Justice John Marshall

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TAKE A BREAK

The reality TV show “The Bachelorette” is known for being packed with drama, but last year there was just as much scandal among its contestants off-screen as there was while the cameras were rolling. Late in 2020, not one but two past “Bachelorette” contestants ended up in court. ‘THE BACHELORETTE’ CONTESTANTS GO TO COURT Judge, Will You Accept This Rose? One of them was Chad Johnson, hailing from the group of hunks who competed for Bachelorette JoJo Fletcher’s attention in season 12. That season aired in 2016, but it wasn’t until two years later that Johnson sued Sunset Studios Entertainment and one of its executives, Cristina Cimino, for sexual harassment, failure to prevent harassment, intentional infliction of emotional distress, fraud by intentional misrepresentation, and wrongful failure to hire in violation of public policy. According to Deadline, Cimino told Johnson she would help him get movie roles with her studio, but that never happened. Instead, she allegedly lured him into in-person meetings and bombarded him with inappropriate calls and text messages. After years of back-and-forth, the case is finally moving forward. In July 2020, a judge ruled that all of Johnson’s accusations were proven except failure to hire. Upping the drama, Deadline reported that “no attorneys for Cimino or the studio participated in the hearing.” Meanwhile, another “Bachelorette” contestant, Luke Parker, has been ordered by the court to pay $100,000 for breach of contract. Parker, who vied for the affection of Hannah Brown in the 2019 season, has allegedly been making media appearances without the consent of the show’s production company, NZK Productions Inc. Each appearance was a breach of contract, and now he owes the company a pretty penny: $25,000 per appearance. According to Page Six, Parker might also be on the hook for bad-mouthing the show and/or sharing information about what happened on set — both things his contract forbids. Hopefully, the 2021 season of “The Bachelorette,” which should air later this year following the postponed 2020 season, will feature less drama than these real-life legal battles.

SLOW COOKER CHICKEN CASSEROLE

Inspired by GoodHousekeeping.com

• 8 chicken thighs or Ingredients

• 2 garlic cloves, sliced • 14 oz chicken stock • 1 sprig rosemary • Finely grated zest and juice of 1/2 lemon • 1/4 cup fresh parsley, finely chopped

drumsticks, lightly salted

• 1 tbsp olive oil • 1 tbsp all-purpose flour • 1 onion, finely sliced • 2 celery sticks, thickly sliced • 2 carrots, thickly sliced • 1 leek, thickly sliced • 1 lb potatoes, peeled and cut in large chunks

Directions

1. In a large frying pan, heat oil and fry salted chicken on high until brown. 2. Transfer chicken to the slow cooker. Add flour and stir. 3. In the frying pan on high heat, fry the onion, celery, carrots, leeks, and potatoes until lightly browned. Add garlic and fry for 30 seconds. 4. Transfer vegetables to the slow cooker and add the stock, rosemary, and lemon zest. 5. Cook on high for 2.5–3 hours or until chicken is tender. 6. Check seasoning and add lemon juice to taste. Top with parsley before serving.

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INSIDE THIS ISSUE

1

What I Miss Most About the Old Normal

2

Why Cutting Down a Saguaro Can Get You Jail Time

Slow Cooker Chicken Casserole ‘The Bachelorette’ Contestants Go to Court

3

The Cousin Rivalry That Gave the Supreme Court Its Power

4

A COUSIN RIVALRY GAVE THE SUPREME COURT ITS POWER (YES, REALLY)

When Justice Ruth Bader Ginsburg passed away and Judge Amy Coney Barrett was nominated to take her place, the eyes of the country turned to the U.S. Supreme Court. It’s no secret that the court has a lot of power. Its decisions, like Loving v. Virginia , Brown v. Board of Education , and Roe v. Wade , have reshaped America. But how did just nine people come to hold so much sway? Well, the answer lies with two rival second cousins: Thomas Jefferson and John Marshall. Back in 1803, the Supreme Court was the laughingstock of Washington. It was a collection of misfits (including a man nicknamed “Red Old Bacon Face”) and met in Congress’ basement. When Marshall was chief justice of the court and Jefferson was president, the cousin controversy reared its head. Marshall and Jefferson were in rival political parties and, to add insult to injury, Marshall’s mother-in-law had once spurned Jefferson’s romantic advances, according to Washington legend. In 1803, Jefferson (a Republican) was upset because a judge whom his predecessor, President John Adams (a Federalist), had tried to appoint was suing Jefferson’s secretary of state over failing to actually appoint him.

The Supreme Court met in these windowless chambers from 1819 to 1860.

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