Category: Lawyering

Seventh Circuit, Sotomayor, and the Second Amendment: Conservative Icons Easterbrook and Posner Support Sotomayor’s View of Right to Bear Arms

easterbrook200px-Sonia_SotomayorposnerThe United States Court of Appeals for the Seventh Circuit has handed down a decision that could play a role in the Sotomayor confirmation process. In National Rifle Association v. Chicago, the Seventh Circuit upheld a Chicago ordinance banning handguns and automatic weapons within city limits. In so doing, it held that the individual right to bear arms is not a fundamental right applicable to the states. It is precisely the hypothetical that some of us discussed in the wake of the Supreme Court’s decision in District of Columbia v. Heller, which recognized an individual right to bear arms in the Second Amendment. It also supports the view of Judge Sonia Sotomayor, who has been criticized for two opinions (including one after the Heller decision) that rejected the right to bear arms as a fundamental right. Sotomayor received indirect support from two unlikely sources: conservative icons Frank Easterbrook and Richard Posner.

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Former Connecticut Lawyer Elizabeth Zembko Arrested For Shoplifting and Burglary

250px-Hinged_Handcuffs_Rear_Back_To_BackFormer Connecticut lawyer Elizabeth Zembko, 48, achieved notoriety a few years ago when she was convicted of stealing half a million dollars from her former law firm and elderly clients to pay for shopping sprees. It appears that the shopping bug is not quite out of her system. After serving 15 months, she was re-arrested for shoplifting and burglary in two different incidents.
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Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now

Judge Kent-thumb-100x140With hearings scheduled for House Judiciary Committee Task Force on Impeachment, U.S. District Judge Samuel B. Kent has decided to turn in this resignation to President Barack Obama. His lawyer Dick DeGuerin says that the hearings are now unnecessary and Judge Kent will not participate. However, his resignation will reportedly only be effective June 1, 2010.”
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North Carolina Judge Reprimanded for Facebook “Friend” and Googling Information on Litigant

gavel2There is an interesting case of judicial ethics out of North Carolina where District Court Judge B. Carlton Terry Jr. was given a public reprimand for becoming “friends” on Facebook with the attorney for the defendant, Charles A. Shieck, in a child custody disputes. Terry was also reprimanded for not just posting statements about the case but googling the plaintiff in the case (and referencing what he had found).
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United Nations: U.S. Human Rights Record “Deplorable” — Including the Continuing Failure to Investigate Torture By the Obama Administration

225px-official_portrait_of_barack_obamatorture -abu ghraibThe United Nations has released a new report on human rights that has found the record of the United states to be “deplorable.” With the continuing refusal of the Obama Administration to investigate war crimes and to support the Bush policies in court, we have lost an opportunity to show the country has committed itself to change these policies and demand accountability for those who implemented them.
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Supreme Court Overturns Landmark Case Michigan v. Jackson — With The Support of the Obama Administration

225px-antonin_scalia_scotus_photo_portrait225px-official_portrait_of_barack_obamaThis week saw the demise of a landmark case in the area of constitutional criminal procedure: Michigan v. Jackson. In a 5-4 decision, the Supreme Court rolled back on the protection of defendants that guaranteed that they had the advice of counsel before speaking with police at critical stages of a prosecution. In Montejo v. Louisiana (07-1529), Justice Antonin Scalia said that the protection was not worth the loss of confessions and only caused confusion. The Obama Administration supported the rollback on protections for criminal defendants and argued for Michigan v. Jackson to be overturned.
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Confirming Nonsense: Both Liberals and Conservatives Distort Debate Over Sotomayor

200px-Sonia_SotomayorThe debate over Judge Sonia Sotomayor continues to rage this week. What is remarkable is how much is being said and how little substance can be found in the coverage. One would think that the law of averages alone would guarantee that some substantive points would be hit, if only by accident. It is becoming increasingly clear that, once again, we will not have a substantive and civil review of the qualifications of a Supreme Court nominee. Neither conservatives nor liberals seem to want (or are willing to tolerate) objective discussion of Sotomayor’s qualifications or opinions. For what it is worth, I would like to discard some of the most often heard arguments in the vain hope that we might still achieve some level of reasonable discourse in this debate.
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Olson and Bois Team Up on Proposition 8 Challenge

225px-Theodore_Olson225px-David_Boies_at_Berkman_CenterTheodore B. Olson, the U.S. solicitor general under Bush and his lawyer in Bush v. Gore, and David Boies, who represented former vice president Al Gore in that case, have joined forces to challenge Proposition 8 in federal court after this week’s loss in the California state court system.

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The President’s Pick: A Review of Sonia Sotomator’s Rulings

200px-Sonia_SotomayorPresident Obama has selected Judge Sonia Sotomayor of United States Court of Appeals for the Second Circuit. She has an inspiring life story and gave a moving speech at the White House. She is not the intellectual powerhouse that many academics had hoped for. However, many nominees did not find their voices until after years of service on the Court. I discussed the nomination on this segment of Countdown. [For an update on debunking conservative and liberal attacks in this debate, click here]
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U.S. Holds Journalist For Almost a Year Without Charges or Evidence

200px-flag_of_the_united_statessvgThe United States has been vocal in its denouncing of the recent arrests of journalists by North Korea and Iran. These countries refuse to comply with American values and legal process, particularly in the treatment of journalists. The biggest difference thus far: North Korea and Iran gave the journalists trials. Reuters cameraman Ibrahim Jassam has been held since September by the U.S. military in Iraq without charges or evidence.

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Another Court Denounces Justice Department and Threatens Sanctions

sealdojThe Justice Department is facing yet another possible contempt sanction from a federal judge. This is becoming something of a trend for the Justice Department. One could only imagine the response of the bar to a private law firm with such a record of contempt. The latest threat comes from United States District Court Chief Judge Vaughn Walker in Al-Haramain v. Obama. This remains one of the most troubling cases from the Bush Administration and the Obama Administration has again yielded to the worst element in the Justice Department in continuing the same policies and practices of its predecessor.
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Something Wiki This Way Comes: Catherine Crier Sues To Uncover Name of Alleged Malicious Wikipedia Poster

180px-Catherine_Crier_by_David_ShankboneFormer Dallas judge and CourTV anchor Catherine Crier has filed a lawsuit against a John Doe who maliciously used a story about another female lawyer to defame Crier on wikipedia. The unknown individual took the facts about attorney Catherine Shelton and, by replacing the last name with Crier’s from a 2007 Dallas Morning News story, to suggest that Crier was accused of murder and had been convicted of shoplifting, served time, and was disbarred.
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