A trial was scheduled to start in Kansas federal court on June 14, 2011. Defendants moved for a short continuance because one of their lawyers is expecting his first child on July 3. (The lawyer in question, Bryan Erman, is quite cute — check out that chin dimple.)
Although this could change, right now it looks like the federal government is about to shut down (for the first time in 15 years). Here’s an open thread for discussion.
Speaking of shutting down, we’re done for the day. To learn about how the courts and the Department of Justice will (or won’t) be affected by the shutdown, check out the excellent links collected below.
* The Southern District of New York: gay bench, or the gayest bench? Like fellow S.D.N.Y. nominee Paul Oetken, Alison Nathan is an openly gay lawyer who clerked for SCOTUS and served as an associate White House counsel. [Poliglot / Metro Weekly; Main Justice]
There’s always something fun going on in the Ninth Circuit. Last week, the Court voted against rehearing en banc in United States v. Alvarez, a case raising the constitutionality of the Stolen Valor Act (a law that essentially criminalizes false claims of military heroism). A divided three-judge panel struck down the Act on First Amendment grounds, and the Ninth Circuit voted against reconsidering that decision en banc.
Judge Diarmuid O’Scannlain (disclosure: my former boss) wrote a spirited and persuasive dissent from the denial of rehearing en banc, on behalf of himself and six other judges. The dissenters argued that the Act passes constitutional muster and that the First Amendment does not protect knowingly false statements of fact (subject to certain exceptions not presented by the law). The position that the Stolen Valor Act is constitutional is shared by a number of prominent scholars, including First Amendment guru Eugene Volokh.
But this is far from an open-and-shut case (unlike many of the Ninth Circuit cases that generate dissents from denial of rehearing, which we’ve previously described as the “Bat Signal” flashed by right-of-center Ninth Circuit judges to the Supreme Court when the lefties run amok). On the other side of the Alvarez case was Chief Judge Alex Kozinski — Professor Volokh’s former boss, and a jurist who, like Judge O’Scannlain, is often vindicated by SCOTUS smackdowns of Ninth Circuit liberals.
On what basis can one be confident that law schools acquaint students with prosecutors’ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Dubelier’s alma mater, like most other law faculties, does not make criminal procedure a required course. [FN21]
[FN21] See Tulane University Law School, Curriculum, http://www.law.tulane.edu (select “Academics”; select “Curriculum”) (as visited Mar. 21, 2011, and in Clerk of Court’s case file).
The wheels of justice might have taken a wrong turn today. It seems that Justice Antonin Scalia had some minimum contacts — with another vehicle, on a highway outside D.C.
According to a Supreme Court spokesperson, Justice Scalia was involved in a minor car accident this morning, while heading in to One First Street to hear oral argument in Wal-Mart v. Dukes. The accident took place on the George Washington Parkway (a tricky road to drive on, as I know from my time spent in Washington).
Justice Scalia — my personal favorite among the justices, for his brilliance, wit, colorful personality, and unmatched writing skill — was thankfully not injured. He made it on to the bench in time for the Tuesday oral argument session.
There must be no more of this childish abuse…. No more or there will be sanctions. In more than 29 years as a judge, I have never encountered such bickering, quarrelsome lawyers. You are wasting my time and your clients’ money.
We recently covered the Third Circuit’s benchslap of Judge John Fullam, an 89-year-old judge in the Eastern District of Pennsylvania. In his opinion in United States v. Higdon, issuing a writ of mandamus and directing that the case mishandled by Judge Fullam be reassigned on remand, Chief Judge Theodore McKee had some harsh words for the aged jurist: “Neither this court, nor any other court, can tolerate a situation where a judge decides to follow his/her own custom and concepts of justice rather than the precedent of the applicable appellate court or the United States Supreme Court. Ours is a nation of laws, not judges.”
At the same time, Chief Judge McKee had some kind words for Judge Fullam, praising him as “a very experienced and hard working jurist [who] has devoted decades of service to the federal bench.” In the comments to our post, some readers interpreted the combination of statements — criticism for Judge Fullam’s mishandling of one case, but compliments for his “decades of service” — as the Third Circuit trying to nudge Judge Fullam into retirement.
Well, it seems to have worked — and it’s apparently the culmination of a long-running effort to get Judge Fullam off the bench….
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