OK, that settles it. Anyone who uses the word ‘unf*&#ing-believable’ is an OK Supreme Court justice in my book. Think of the dissenting opinions!
Gawker blogger Adrian Chen • Responding to the Clinton Presidential library’s release of a number of Elena Kagan’s e-mails from her period in the administration. To answer the obvious question: Yes, she swore a lot back then. And yes, like Gawker, we hope she swears even more as a Supreme Court justice. source
The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose.
Justice Stephen Breyer • Writing the majority opinion on the case, which the court decided 7-2. This does not affect all sex offenders, but ones who could remain “sexually dangerous” to the community after their release. Which means that sex offenders, who already have been zoned out of many jurisdictions in areas throughout the country, will likely lose even more rights thanks to this decision. (Good, the commenters on the CNN article we linked to say.) There are some heavy issues with this decision and are curious how controversial it will prove. Will it overcrowd the prison system further? Will it encourage more rehabilitation of sex offenders within prison? Either way, this is a heady case. source
Short answer: kinda. Longer answer: It used to be very liberal. With the controversy around Obama appointee Goodwin Liu taking shape, much of the bad-talking has been around the court he was recommended for. The Ninth Circuit Appeals Court has a rep driven in part by its decision against using the phrase “under god,” and the Supreme Court’s consistent rulings against its decisions. But let’s throw some numbers at you guys and let you decide.
88%the rate the Supreme Court has reversed its recent decisions between 2008 and 2009
12kthe number of cases the court heard last year – far higher than any of the other appeals courts
58%of the court’s appointees came from Democratic presidencies, the highest rate of any appeals court
» Why does it lean liberal? Simply put, Jimmy Carter was in office during a period when this circuit court was expanded, and it allowed him to throw in 15 liberal-leaning judges. The geographic area is more liberal, too. But this has eased in recent years, due to the fact that those judges got old and Bush appointed seven of the 27 judges currently on the court. source
The prosecution in his corruption trial says so. What’s their case? Well, according to a court document released today, they argue that Rod Blagojevich and his staff had been involved in extortion and kickbacks since Blago first got elected Illinois governor in 2002. The Obama seat thang (Roland Burris has sure been quiet lately, eh?) was just the most blatant example. Blago (of course) denies the claims, calling them “the same old false allegations and lies.” His lawyers had been fighting the document’s release. source
He’s waiting to bail himself out for now, based on appeals. Roman Polanski’s stay in jail may end once again, after a Swiss court said screw it and allowed him bail. Said bail won’t be cheap: It’s the equivalent of $4.5 million. But who knows? Maybe the infamous flight risk will consider that before he flies off again. source
The director’s hoping for leniency. Roman Polanski submitted an application to a a Swiss court today asking to be let go. He’s willing to have limitations set on his freedom. The court will decide in the next few weeks whether to let him go. Man, if they let him go after all the fuss they made about capturing him … that would be a #)&!storm. source
There are moral arguments, philosophical arguments on both sides, bioethical arguments on both sides, even medical and public health arguments on both sides.
Montana State Solicitor Anthony Johnstone • On the coming court case based around Robert Baxter, a 76-year-old truck driver with lymphocytic leukemia whose request for a lethal injection was refused by his doctor. (Baxter died last year.) Montana’s an interesting state for a case like this to take place: Their constitution leans libertarian, and personal rights court cases in the state have shown a history of later being replicated by the Supreme Court. In his miserable, protracted death, Baxter may just produce a better end of life for thousands of Montana residents. • source