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Judge of the Day: Richard Kopf

Any trial judge with the Gall to benchslap the Supreme Court has a serious set of cojones.

Accordingly, Judge Richard Kopf (D. Neb.) -- who sent beer to Professor Doug Berman, as recently noted -- is our Judge of the Day. See links collected below.

We agree with Tony Mauro: Judge Kopf's irreverent "top 10" list of lessons learned from the high court's sentencing jurisprudence is "a provocative jaw-dropper that may get Kopf scratched off the holiday card list at the Supreme Court."

Judge Kopf's "Top Ten" take on SCOTUS sentencing work [Sentencing Law and Policy]
The Top Ten Things I Learned from Apprendi, Blakely, Booker, Rita, Kimbrough, and Gall (PDF) [Sentencing Law and Policy]
Federal Judge's 'Top 10' List Takes On Supreme Court's Sentencing Decisions [Legal Times]
Richard G. Kopf bio [Federal Judicial Center]

Comments
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1 Posted by Wow. | Permalink Wednesday, January 30, 2008 4:20 PM

Wow.

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2 Posted by guest | Permalink Wednesday, January 30, 2008 4:25 PM

Life tenure has its perks!

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3 Posted by guest | Permalink Wednesday, January 30, 2008 4:26 PM

If the federal judiciary had a military-type concept of "insubordination," this guy would get impeached.

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4 Posted by guest | Permalink Wednesday, January 30, 2008 4:30 PM

Judge Kopf is totally right in everything he says. Federal sentencing has been a mess at least since Booker, largely because Justice Breyer refuses to abandon the sentencing guidelines, his personal pet project, despite their abundantly clear unconstitutionality, leaving district courts with no clear guidance whatsoever. The result is that the constitutional rights of criminal defendants are being sacrificed to Stephen Breyer's ego.

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5 Posted by guest | Permalink Wednesday, January 30, 2008 4:30 PM

A3 goes TTT:

From www.fjc.gov:

Kearney State College (now University of Nebraska at Kearney), B.A., 1969

University of Nebraska College of Law, J.D., 1972

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6 Posted by guest | Permalink Wednesday, January 30, 2008 4:31 PM

"[A]lways put off to tomorrow what you can do today."

A good motto for Biglaw too.

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7 Posted by Anon | Permalink Wednesday, January 30, 2008 4:35 PM

This can't be his real name - Richard Kopf??? He is literally a "Dick Head"

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8 Posted by guest | Permalink Wednesday, January 30, 2008 4:52 PM

This one is small potatoes compared to this benchslap that was actually written in a concuring opinion in Faith Center Church Evangelistic Ministries v. Glover, (9th Cir., Sept. 20, 2006).

Here are some gems:
I concur in Judge Paez's well-reasoned opinion, which reflects the sorry state of the law. I write separately to express my dismay at that sorry state.

This should be a simple case it asks whether the county can be forced to subsidize a religious organization's prayer meetings by requiring it to provide the religious organization with a free place to worship. A quick reading of the First Amendment to the Constitution of the United States should answer the question....

[Prior cases] turn on the High Court's purported inability to distinguish between a sermon and a speech. That distinction, however, is compelled by the First Amendment.... [R]eligious speech is categorically different than secular speech and is subject to analysis under the Establishment and Free Exercise Clause without regard to the jurisprudence of free speech.

Those, like myself, who advocate adherence to the strictures of the Establishment Clause, do so not out of hostility towards religion.... Rather, we are motivated by recognition of the passions that deeply-held religious views engender, and the serious threat of marrying those passions to government power.... That threat is not merely historic. One need only look about the world to see that danger in play.

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9 Posted by guest | Permalink Wednesday, January 30, 2008 5:01 PM

4:35:

You are dead on. That's hysterical.

http://german.about.com/library/definitions/bldef07b_1116.htm

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10 Posted by guest | Permalink Wednesday, January 30, 2008 5:16 PM

4:26 - Court-martialed, dumbass.

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11 Posted by anon | Permalink Wednesday, January 30, 2008 5:26 PM

I know nothing of sentencing, but I appreciate any judge who benchslaps the supreme court.

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12 Posted by guest | Permalink Wednesday, January 30, 2008 5:28 PM

While not first to respond I am the first to say FIRST. That's gotta count for something.

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13 Posted by It's all TTT, baby! | Permalink Wednesday, January 30, 2008 5:29 PM

Whatever, district court judges are the TTT of the judiciary.

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14 Posted by guest | Permalink Wednesday, January 30, 2008 5:42 PM

Pure balls.

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15 Posted by guest | Permalink Wednesday, January 30, 2008 7:30 PM

Top Ten list attacking the Supreme Court = district judge with chutzpah or law clerk who got rejected for Circuit Court clerkship

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16 Posted by hero worshipper | Permalink Wednesday, January 30, 2008 7:46 PM

Kopf is a hero!


And BTW "Richard Kopf" is only "Dick Head" in pidgin English. In German, he's a "Fat Head."

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17 Posted by guest | Permalink Thursday, January 31, 2008 9:37 AM

Don't worry Judge Kopf, I am sure the two right wing nut jobs that Mr. Bush appointed to the SC will figure this out for us.

US to overcrowded prisons, waterboarding, and fake classifications for prisoners!!!

And we all bought Justice Roberts little act as a moderate. How smart are we??

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18 Posted by guest | Permalink Thursday, January 31, 2008 11:47 AM

7:49 writes: "I would like to see ONE judge decide all the cases"

Perhaps you've heard of Anthony Kennedy?

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