Judiciary

Empathy Up and Down, but Not All Around

By Justin Katz | May 27, 2009 |

A week or so ago, I put forward as an example of “judicial empathy” the case of Paul Kelly, whose house has been inhabited by somebody else for almost two years with the permission of RI Superior Court Judge Ojetta Rogeriee Thompson, but not of the homeowner. Thomas Sowell provides another example related to U.S.…

Quotes from Judge Sotomayor

By Carroll Andrew Morse | May 26, 2009 |

This Sonia Sotomayor quote from a 2001 lecture at the Berkeley School of Law has been getting a lot of attention…I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.…but as Peter Kirsanow…

Obama Selects Sonia Sotomayor for Supreme Court

By Carroll Andrew Morse | May 26, 2009 |

So says the Associated Press…U.S. President Barack Obama tapped U.S. Circuit Judge Sonia Sotomayor for the Supreme Court on Tuesday, officials said, making her the first Hispanic in history picked to wear the robes of a justice. UPDATE: This is from a Sotomayor supporter, interviewed by Jeffrey Rosen in the New Republic…She’s a fine Second…

Senator Whitehouse’s Imaginative Qualifications for a US Supreme Court Justice

By Monique Chartier | May 17, 2009 |

Outlined in this morning’s Ten News Conference with Jim Taricani and Bill Rappleye. (Thanks to commenter Joe Bernstein for the heads up.) I think [President Obama]’s used an interesting word about this which is empathy and I think that’s a good word. I hope he leans towards someone who is not yet another white male.…

Justice Souter to Retire?

By Carroll Andrew Morse | April 30, 2009 |

From National Public Radio, via Drudge… NPR has learned that Supreme Court Justice David Souter is planning to retire at the end of the current court term. The vacancy will give President Obama his first chance to name a member of the high court and begin to shape its future direction.NBC, also via Drudge, says…A…

A Continuing Travesty of Justice

By Justin Katz | April 20, 2009 |

I can’t believe this is still ongoing: Call it a farce, call it a travesty, call it legal loonie tunes. Paul Kelly still can’t get into the cabin he owns in Exeter near the Rhode Island Veterans Cemetery. He pays the taxes and pays the mortgage, but he can’t walk in the door. “I’ve spent…

Re: Federal Judgeships and Campaign Contributions – Two Completely Unrelated Items?

By Carroll Andrew Morse | April 14, 2009 |

For those inclined to throw their hands up in the air and say “dat’s the way da game is played” in response to the appointment of Jack McConnell to a Federal District Court judgeship, take a moment to remember that before he was a Senator with direct influence on judicial appointments, Sheldon Whitehouse joined an…

What is the Procedure for Removing a Supreme?

By Monique Chartier | April 13, 2009 |

United States Supreme Court Justice Ruth Bader Ginsburg furnishes grounds to ask inasmuch as she has demonstrated that she misunderstands the fundamental requirements of both American laws and the function of the court on which she serves. I frankly don’t understand all the brouhaha lately from Congress and even from some of my colleagues about…

A Man Who’s Sure Courts and the “Global Community” Will Remain on His Side

By Justin Katz | April 9, 2009 |

Rick Santorum introduces his fellow Pennsylvanians (and us) to a man whom he says is on President Obama’s short list for Supreme Court: Watching President Obama apologize last week for America’s arrogance – before a French audience that owes its freedom to the sacrifices of Americans – helped convince me that he has a deep-seated…

When the Dictator Branch Takes Over for the Representative One

By Justin Katz | April 8, 2009 |

Andrew McCarthy puts it well: Courts are not there to resolve national controversies, to stand outside and above the United States. They were created as a sub-section of government to remedy individual injuries, and they were given no power to enforce their judgments. That, indeed, is why Hamilton (in Federalist No. 78) anticipated that the…