You don’t go to a Georgia fan to get commentary on the University of Florida, because it’s not objective commentary. Unfortunately, much of the commentary about the court is from the standpoint of people who have vested interests in particular outcomes, particular policies or particular results. Do you think you are getting an honest assessment?
- Deaths, Federal Judges, Military / Military Law, Quote of the Day, SCOTUS, Supreme Court, War on Terror
- Federal Judges, Free Speech, John Paul Stevens, Quote of the Day, Samuel Alito, SCOTUS, Supreme Court
It might interest you to know that if I were still an active justice, I would have joined [Justice Alito's] powerful dissent in the recent case holding that the intentional infliction of severe emotional harm is constitutionally protected speech. The case… involved a verbal assault on the private citizens attending the funeral of their son — a Marine corporal killed in Iraq. To borrow Sam’s phrase, the First Amendment does not transform solemn occasions like funerals into ‘free-fire zones.’
– Justice John Paul Stevens, in a recent speech to the Federal Bar Council in New York City, explaining how he would have voted with Justice Samuel Alito in Snyder v. Phelps (aka the Westboro Baptist Church case).
Here’s the question swirling through the blogosphere today: Should Justice Ruth Bader Ginsburg resign now — because if she dies under a Republican president, it will be a disaster for every ideal she fights for?
The question was teed up on the WSJ Law Blog this morning after an AP report noted that some liberals were “clamoring” for her resignation (and that of Stephen Breyer, to a lesser extent), just in case Obama loses in 2012.
You can see why liberals are nervous. The Court already has a 5 – 4 conservative majority (if you really think Justice Anthony Kennedy is a “swing” vote, you’re a Republican who likes to pretend to be an independent). Justice Ginsburg has had health problems, and some are not confident that she’ll last until 2016 — and it’s unlikely that either the 78-year-old RBG or the 72-year-old Breyer would make it to 2020, if a two-term Republican president is on the horizon.
The stakes couldn’t be higher. Which is why I think my answer is going to surprise people…
* BP has its granny panties in a bunch over Transocean’s liability for the oil spill. So they’re suing. [Bloomberg]
* Major League Baseball sought to take over the Dodgers from Frank McCourt yesterday. Your move, Wilpon. [Los Angeles Times]
* Juvenile killers are hoping to reach the Supreme Court in an effort to overturn their life sentences. If their cases make it that far, they’ll undoubtedly find a certain justice who only cares about inferior MP3 players and Emilio Estefan. [New York Times]
- Bernie Madoff, Biglaw, Environment / Environmental Law, Intellectual Property, Morning Docket, Patton Boggs, SCOTUS, Supreme Court
* The Supreme Court heard arguments yesterday in a lawsuit asking courts to force major companies to reduce greenhouse gas emissions. Sotomayor spent the entire oral argument asking attorneys how she could fit more Miami Sound Machine on her Zune. [New York Times]
* Tiger Blogger Vivia Chen wants white guys to be hunted like animals. [The Careerist]
* Sponsors of Proposition 8 are mad that retired judge Vaughn Walker, who presided over Prop 8’s defeat in court, is giving lectures around the country that feature a three-minute clip of the trial. They say the video should remain in the closet. Or a desk drawer of some sort. [Los Angeles Times]
* Arizona Gov. Jan Brewer tapped the brakes on the Insane Train yesterday, vetoing one measure that would allow guns at schools and another that would require presidential candidates to prove they weren’t Kenyan immigrants hellbent on the destruction of Lee Greenwood. [TucsonSentinel.com]
* Microsoft went before the Supreme Court yesterday to argue that patents should be easier to challenge. Sotomayor spent the entire oral argument asking the Microsoft attorney how she could fit more Miami Sound Machine on her Zune. [Reuters]
* Customer accounts have been frozen following the indictment of online poker companies. Bloomberg decided this was the perfect time to upload their stock poker photo, featuring the caption “A royal flush, circa 1950.” [Bloomberg]
* And here’s a rundown of the potential attorneys and firms who will work the defense side in said p-p-p-poker case. [Am Law Daily]
* Yo, Mr. Dopeman, you think you’re slick. You sold crack to my sister and now she’s sick. But if she happens to die because of your drug, federal judges will have a difficult time sentencing you. Oof, that N.W.A. lyric took a weird turn, didn’t it? [New York Times]
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.
UPDATE: A compromise deal has been reached, averting a shutdown. Yay!