Tuesday, May 27, 2014

Tuesday news and notes

Welcome back everyone.  Some happenings:

1.  Judge Rosenbaum's cases should be reassigned this week and next.  Look out for the notices.

2.  There were more Rothstein pleas last week.  Is this still news?

3.  Did you know that Supreme Court cases get revised after they are published?  The NY Times explains:

The Supreme Court has been quietly revising its decisions years after they were issued, altering the law of the land without public notice. The revisions include “truly substantive changes in factual statements and legal reasoning,” said Richard J. Lazarus, a law professor at Harvard and the author of a new study examining the phenomenon.
The court can act quickly, as when Justice Antonin Scalia last month corrected an embarrassing error in a dissent in a case involving the Environmental Protection Agency.
But most changes are neither prompt nor publicized, and the court’s secretive editing process has led judges and law professors astray, causing them to rely on passages that were later scrubbed from the official record. The widening public access to online versions of the court’s decisions, some of which do not reflect the final wording, has made the longstanding problem more pronounced.

Unannounced changes have not reversed decisions outright, but they have withdrawn conclusions on significant points of law. They have also retreated from descriptions of common ground with other justices, as Justice Sandra Day O’Connor did in a major gay rights case.                    
The larger point, said Jeffrey L. Fisher, a law professor at Stanford, is that Supreme Court decisions are parsed by judges and scholars with exceptional care. “In Supreme Court opinions, every word matters,” he said. “When they’re changing the wording of opinions, they’re basically rewriting the law.”

4.  Justice Ginsburg performed the wedding for an old client of hers.  Great story, and here's the intro:

Stephen Wiesenfeld’s first collaboration with Ruth Bader Ginsburg at the Supreme Court was in 1975.
She was a Columbia Law School professor, head of the American Civil Liberties Union’s Women’s Rights Project and making a name for herself as the lawyer systematically prodding the court to rewrite its jurisprudence concerning gender equality.

Wiesenfeld was a young father whose wife had died in childbirth, leaving him with a son he loved and a grievance with his government, which he felt had done him and his family an injustice.
The result of their lawsuit was a unanimous victory for Wiesen­feld and an important link in the landmark chain of cases Ginsburg brought to get rid of laws she felt made irrational distinctions between men and women.
The two met again at the Supreme Court on Saturday, nearly 40 years later. Ginsburg, of course, is now the court’s senior liberal justice.
And Wiesenfeld was a 71-year-old groom.
Ginsburg officiated at Wiesen­feld’s marriage to Elaine Harris in front of family and friends, including Jason Wiesenfeld, the little boy at the center of Weinberger v. Wiesenfeld.
“I’ve kept up over the years with all of them,” Ginsburg said in an interview last week, referring to the clients in the cases she either briefed or argued before the Supreme Court in the 1970s. 

5.  One of the few areas that the 11th Circuit consistently reverses trial judges on is sentencing guideline determinations without the requisite proof.  Here's one dealing with loss calculations that originates from the SDFLA, U.S. v. Isaacson.

1 comment:

Anonymous said...

What a win for Isaacson. No loss?