Republican Lawmakers Fire Back at Judiciary

WASHINGTON, June 30 - Stepping up their assault on the federal judiciary, Congressional Republicans announced efforts on Thursday directed at overturning two recent Supreme Court decisions, one that allowed government to claim private property for economic development and another that stripped Kentucky courthouses of the Ten Commandments.

"This Congress is just not going to sit by and let an unaccountable judiciary make these kinds of decisions," said Representative Tom DeLay of Texas, the House Republican leader.

At a news conference, Mr. DeLay called the property ruling a "George Orwell novel of a court decision."

Mr. DeLay appeared with members of the House and Senate who are proposing bills to sharply restrict the government's power of eminent domain.

Hours after he spoke, the House voted 231 to 189 to approve a measure that would prohibit federal financing for property seizures. Speaker J. Dennis Hastert of Illinois praised the move, an amendment to a spending bill covering transportation and housing, as "an important first step" to protecting private property, though it was not clear if the measure would survive in the Senate.

Earlier in the day, Representative Ernest Istook, Republican of Oklahoma, stood on the Supreme Court steps to announce a constitutional amendment, backed by 109 House members, including 5 Democrats, that would protect references to God on public property.

Do these people have any idea how stupid they look? Do they care? Details here from The New York Times.

For 9th Circuit: Lots of Scrutiny and 9-0 Reversals by High Court

The 9th U.S. Circuit Court of Appeals fared worse in the latest Supreme Court session than it has in the past five years.

The circuit's reversal rate was 84 percent, the highest since the 1999-00 term.

Of the 19 9th Circuit cases that went to Washington, D.C., 16 were overturned, including two more Monday to end the term. In 10 of the 16 reversals, the vote was 9-0.

But court watchers say those statistics only tell part of the story.

"It's not fair to look at reversal rates," said Thomas Goldstein of Goldstein & Howe, a Supreme Court boutique in Washington, D.C. "The numbers are misleading. The 9th would look like any other circuit, except for a small number of underlying cases."

Details here from The Recorder via Law.com.

Judge Loses Seat After Showing 'Shocking Disregard' for Law

In a harshly worded opinion, New York's Court of Appeals Wednesday ended Brooklyn Surrogate Michael H. Feinberg's judicial career. It held that his awarding of millions of dollars in attorney fees to a friend without demanding the affidavits required by law constituted removable misconduct.

The court said in a unanimous per curiam opinion that in rubber-stamping, with no oversight, some $8.5 million in estate commissions to attorney Louis R. Rosenthal, Feinberg "demonstrate[d] a shocking disregard for the very law that imbued him with judicial authority." It rejected with apparent disdain Feinberg's defense that he had neglected to read the Surrogate's Court Procedure Act (SCPA) and was simply ignorant of his judicial responsibilities.

Details here from the New York Law Journal via Law.com.

Service [Strives To] Provide Legal Help to Indians

PIERRE, S.D. (AP) -- Jessica Hinsley, who lives on the Standing Rock Sioux reservation, was going through a divorce while working full time and attending college when a tribal judge took her year-old daughter away. The girl had been hurt in a fall at a day care center. Hinsley didn't know where to turn, until she hooked up with an attorney from Dakota Plains Legal Services. . . .

[M]any Indian reservations across the nation have a shortage of lawyers, which is especially troubling in civil matters not covered by court-appointed attorneys or public defenders.

And while Indians need legal help in state and federal courts, one of the greatest needs is in tribal court, where many people represent themselves without hiring a lawyer, said Ron Hutchinson, executive director of Dakota Plains. . . .

"The bottom line here is we don't have the resources to help everyone who needs help. We don't even come close," Hutchinson said.

What can you do to help? Find out at the Dakota Plains Legal Services website. Details here from the AP via the New York Times.

Bush Administration: Last Throes of Credibility

From the start, the Bush White House has had a credibility problem on Iraq. It began with the rotating rationale as two of the original premises that might justify a war -- that Saddam Hussein was armed with weapons of mass destruction or that he was somehow assisting al Qaeda -- proved unfounded. The Bush administration also woefully miscalculated -- or misrepresented -- the difficulty of stabilizing Iraq after the U.S. military quickly demolished Hussein's regime. In a prewar interview on "Meet the Press, " Cheney was downright dismissive of suggestions that it might take several years and hundreds of thousands of troops to establish the peace in Iraq. Cheney predicted "they will greet us as liberators."

Last night, Bush repeatedly and disingenuously portrayed the combat in Iraq as part of the "global war on terrorism" he declared after the Sept. 11, 2001, attacks. There is little doubt that terrorists from other nations have been drawn to Iraq in the chaotic aftermath of the U.S.-led invasion -- but that is reason to question the wisdom of this pre-emptive war. Each day seems to bring another suicide bombing, claiming more civilian lives and adding to the death toll of U.S. troops that is now approaching 1,800.

Bush's "clear path forward" was far too vague for the dedicated soldiers who are risking their lives and the U.S. taxpayers who are providing hundreds of billions of dollars for this ill-defined mission. The difference between stubbornness and resolve can be dangerous when lives are at stake.

An administration that can't seem to admit a mistake is continuing to ask Americans to share its faith that everything will turn out fine in Iraq. The war so far gives no reason to inspire such confidence.

From an editorial in today's San Francisco Chronicle. Read more from Talkleft. Or check out Wonkette's "liveblogging" notes taken during the speech.

Justices Uphold California Domestic Partner Law

Gays and lesbians won a major legal victory Wednesday when the California Supreme Court let stand a new law granting registered domestic partners many of the same rights and protections of heterosexual marriage.

Without comment, the unanimous justices upheld appellate and trial court rulings that the sweeping measure does not conflict with a voter-approved initiative defining marriage as a union between a man and a woman.

Justice Janice Rogers Brown, who leaves Thursday to join the U.S. Court of Appeals for the District of Columbia, did not vote.

The domestic partner law, which was signed in 2003 by former Gov. Gray Davis and took effect Jan. 1, represents the nation's most comprehensive recognition of gay and lesbian domestic rights after Vermont's recognition of civil unions. It grants registered couples virtually every spousal right available under state law except the ability to file joint income taxes.

Details here from the AP via the San Francisco Chronicle. (This ruling does not affect the current California court case declaring that denying marriage licenses to same-sex couples violates their constitutional rights, which is currently on appeal.) (via SFist)

Fresh Air: The Pledge of Allegiance & The Confederate Flag

I love �Fresh Air� from NPR. I found today�s interviews particularly interesting.

First, Terry interviewed historian Richard J. Ellis, who recently wrote a book called To the Flag: The Unlikely History of the Pledge of Allegiance. His recitation of the history of the Pledge and its evolution is absolutely fascinating.

Next, Terry interviewed John M. Coski, who is a historian and library director at the Museum of the Confederacy in Richmond, Va. He talks about his book entitled The Confederate Battle Flag: America's Most Embattled Emblem.

You can listen to the Pledge interview here, and/or the Confederate Flag interview here.

On a related note, Shelby Foote died yesterday. May he rest in peace.

Canada Approves Same-Sex Marriage

OTTAWA -- It was fought in courtrooms, in legislatures, in street protests, and one of the most turbulent debates in Canadian history was settled Tuesday with a vote in Parliament.

The House of Commons voted 158 to 133 to adopt controversial legislation that will make Canada the third country in the world to legalize same-sex marriage.

Several Liberals marked the occasion by invoking the memory of their party's philosopher king, Pierre Trudeau.

It was the late Liberal prime minister who decriminalized homosexuality in 1969, and whose Charter of Rights and Freedoms became the legal cudgel that smashed the traditional definition of marriage.

Barely two years ago the Liberal government was still fighting same-sex couples in courts across the land.

It changed its tune amid an onslaught of legal verdicts in eight provinces that found traditional marriage laws violated the charter's guarantee of equality for all Canadians.

"(This) is about the Charter of Rights," Prime Minister Paul Martin said earlier Tuesday. "We are a nation of minorities. And in a nation of minorities, it is important that you don't cherry-pick rights." "A right is a right and that is what this vote tonight is all about."

He's correct: that's exactly what it's all about. Congratulations to our gay and lesbian friends in Canada, and to our friends around the globe as you (incrementally) finally achieve acceptance and equal protection of the law! Details here from Canada.com.

Faith and Law: Collision Course?

In a provocative address recently to some 200 undergraduate counselors from northeastern universities, the dean of the Benjamin N. Cardozo School of Law warned of a "collision course with democratic order and social unity" as politically outspoken religious leaders wield increasing influence over the nation's public policy. Declaring that "faith challenges the underpinnings of legal education," David Rudenstine said that America's law schools have a social responsibility to foster reasoned debate.

Details here from the New York Law Journal via Law.com.

Appeals Court Tosses $248M Award to Tribe

Syracuse, N.Y. (AP) -- A federal court on Tuesday tossed out a $248 million award to the Cayuga Indians as compensation for land taken from them in illegal treaties. Lawyers for the tribe said they would appeal.

In a 2-1 decision, the 2nd U.S. Circuit Court of Appeals cited the Supreme Court's recent ruling in a tax case involving the Oneida Indians and the upstate New York city of Sherrill. In that case, the nation's high court said too many years had passed for the Oneidas to claim that reacquired former reservation lands were tax-exempt.

"The present case must be dismissed because the same considerations that doomed the Oneidas' claim in Sherrill apply with equal force here," Justice Jose Cabranes wrote. . . .

"[T]his is a complete victory, a complete vindication. The game is over. We win," said attorney William Dorr, who represented Cayuga and Seneca counties. . . .

"[I]f this ruling stands up, it will be the death knell for all Indian land claims based on a historic taking of land," said Martin Gold, the attorney representing the Cayuga Indian Nation of New York. "But the war is not over."

Details here from the AP via the San Francisco Chronicle. The text of the Second Circuit's opinion is here.

Alleged Mob Lawyer Granted Bail

A lawyer accused of being a messenger for the mob was granted bail Monday but not before a federal judge in Brooklyn excoriated him for apparently lying to him twice.

Thomas Lee, 36, a criminal defense lawyer from the Bronx, was granted $2 million bail and ordered to remain under home detention as part of the conditions imposed by Judge Nicholas Garaufis. Lee also must have all his telephone calls monitored, forego using a cell phone and suspend his law practice, Garaufis said.

Lee, yet another casualty from the cooperation of Bonanno crime boss Joseph Massino, was indicted last week on racketeering charges, including murder conspiracy.

He was accused of ferrying messages about Bonanno family business, including plans to carry out a murder, between the jailed Massino and his reputed acting boss Vincent Basciano. The murder was never carried out and Basciano is now in custody on other racketeering charges.

Garaufis said prosecutors made a strong showing that Lee abused his position of trust as an attorney in passing the messages. The judge seemed particularly angered by "substantial evidence" that Lee intentionally mislead him about contacts with Massino.

Details here from NY Newsday.

Florida Teen's Advocates Lash Judge

The attorney for a black 19-year-old Broward resident jailed by Broward Circuit Judge Eileen O'Connor because he allegedly lied about his arrest history during jury selection stepped up the pressure Monday for O'Connor to step down from the criminal bench.

"Time is of the essence," the lawyer, Bill Gelin, said at a press conference Monday at the Broward County Courthouse in Fort Lauderdale. "Put yourself in the position of an African-American defendant. You may already think the system is stacked against you to begin with, and you read in the newspapers that the judge has not disclosed" a racial complaint filed against her on a judicial application.

His client, Stacey Forbes, said: "She sent me to jail for the same thing she'd done. She should be removed. That would be fair."

Details here from the Miami Herald. I posted about Mr. Forbes' jailing earlier here.

High Court to End Term With Big Decisions

The Supreme Court ends its work Monday with the highest of drama: an anticipated retirement, a ruling on the constitutionality of government Ten Commandments displays and decisions in other major cases.

Traditionally there is an air of suspense as the justices meet for the final time before breaking for three months. Justices usually wait until then to resolve blockbuster cases.

Added to that is the expectation that Chief Justice William H. Rehnquist is presiding over the court for the last time. Rehnquist has thyroid cancer and many court experts believe his retirement is imminent.

"There's enormous drama and anticipation. Is he going to announce his resignation? Are we going to spend this summer in a confirmation fight?" said Erwin Chemerinsky, a Duke law professor. . . .

[The] Justices have a few cases left to resolve, including two of the most-watched of the term: the Ten Commandments appeals from Texas and Kentucky and a case that will determine the liability of Internet file-sharing services for clients' illegal swapping of songs and movies.

Also Monday, justices are expected to announce whether they will hear appeals from two journalists who may face jail time for refusing to reveal sources in the leak of an undercover CIA officer's identity.

Details here from the AP via the San Francisco Chronicle.

Judge Grants Injunction Against Provider of Bogus Spyware Removal Tool

The Federal Trade Commission won an injunction against a Houston, Texas-based company for making false claims of removing spyware from consumers' computers. A judge for the U.S. District Court for the Southern District of Texas granted the injunction against Trustsoft and the company's principal Danilo Ladendorf to stop the company from using deceptive marketing and illegal unsolicited electronic mail to get consumers to pay for a program that in fact removed legitimate programs such as word processors and antivirus software.

The FTC alleged Trustsoft aggressively and deceptively marketed its SpyKiller application using the Web sites of affiliates, banner and pop-up ads and spam in order to capitalize on legitimate consumer concerns about spyware and induce consumers to download the anti-spyware product.

Good. I hope they bankrupt, if not jail, Mr. Ladendorf. Details here from Government Technology.

Traffic Tribunal Judge Accused of Hitting Car, Leaving Scene

PROVIDENCE, R.I. (AP) -- A Traffic Tribunal judge is in trouble after she allegedly struck a car belonging to a traffic magistrate -- and then drove away.

State Police say Traffic Tribunal Judge Marjorie Yashar did not notify the owner of the car, magistrate Dominic DiSandro the Third, after bumping the vehicle Wednesday afternoon.

I wish my name was "Magistrate Dominic DiSandro the Third." Details here from the AP via Providence's Eyewitness News.