Justice Scalia said the latter in a speech in Dallas, via the Dallas Morning News:
“The judge who always likes the results he reaches is a bad judge,” he told an audience Monday evening at Southern Methodist University.
He and SMU law professor Bryan A. Garner shared the stage at McFarlin Auditorium for a lecture on their second book together, Reading Law: The Interpretation of Legal Text.
Garner said that though he and Scalia differ politically, they agree on staying true to the law and on separating politics from legal interpretation.
“I will tell you that my political beliefs are different from those of Justice Scalia,” he said.
Garner supports gay marriage and favors stricter gun control laws.
But Scalia, who is regarded as one of the most conservative justices on the high court, declined to contrast his opinions on such matters.
“I haven’t expressed my views of either of those,” Scalia interjected. “You’re a bleeding heart.”
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Tuesday, January 29, 2013
Monday, January 28, 2013
Monday news and notes (updated)
Update-- the Sentencing website has been re-hacked and is now the game Asteroids. I would have preferred Galaga...
Sorry for the slow blogging lately. Hopefully will be back in full blogging mode soon. In the meantime, here's what's up:
1. The Sentencing Commission website was hacked by Anonymous (it's back up now). From Anonymous' statement:
Last year the Federal Bureau of Investigation revelled in porcine glee at its successful infiltration of certain elements of Anonymous. This infiltration was achieved through the use of the *same tactics which lead to Aaron Swartz' death. It would not have been possible were it not for the power of federal prosecutors to thoroughly destroy the lives of any hacktivists they apprehend through the very real threat of highly disproportionate sentencing.
As a result of the FBI's infiltration and entrapment tactics, several more of our brethren now face similar disproportionate persecution, the balance of their lives hanging on the severely skewed scales of a broken justice system.
We have felt within our hearts a burning rage in reaction to these events, but we have not allowed ourselves to be drawn into a foolish and premature response. We have bidden our time, operating in the shadows, adapting our tactics and honing our abilities. We have allowed the FBI and its masters in government -- both the puppet and the shadow government that controls it -- to believe they had struck a crippling blow to our infrastructure, that they had demoralized us, paralyzed us with paranoia and fear. We have held our tongue and waited.
With Aaron's death we can wait no longer. The time has come to show the United States Department of Justice and its affiliates the true meaning of infiltration. The time has come to give this system a taste of its own medicine. The time has come for them to feel the helplessness and fear that comes with being forced into a game where the odds are stacked against them.
This website was chosen due to the symbolic nature of its purpose -- the federal sentencing guidelines which enable prosecutors to cheat citizens of their constitutionally-guaranteed right to a fair trial, by a jury of their peers -- the federal sentencing guidelines which are in clear violation of the 8th amendment protection against cruel and unusual punishments. This website was also chosen due to the nature of its visitors. It is far from the only government asset we control, and we have exercised such control for quite some time...
2. The D.C. Circuit says no to recess appointments. It will be interesting to see how this plays out. The case will certainly go to the Supremes. Remember that a recess appointment was used with Judge Pryor, but he was eventually confirmed by the full Senate 53-45, so the case has no bearing on him.
3. Speaking of the 11th Circuit, Chief Judge Joel F. Dubina, will be the keynote speaker at a PBCBA membership luncheon on February 1 at 11:45 a.m. at the Marriott West Palm Beach. He will be speaking regarding the inner workings of the 11th Circuit and how things work behind the scenes. The luncheon will be co-hosted by the Palm Beach County Chapter of the Federal Bar Association and the Bankruptcy Bar Association for the Southern District of Florida.
Sorry for the slow blogging lately. Hopefully will be back in full blogging mode soon. In the meantime, here's what's up:
1. The Sentencing Commission website was hacked by Anonymous (it's back up now). From Anonymous' statement:
Last year the Federal Bureau of Investigation revelled in porcine glee at its successful infiltration of certain elements of Anonymous. This infiltration was achieved through the use of the *same tactics which lead to Aaron Swartz' death. It would not have been possible were it not for the power of federal prosecutors to thoroughly destroy the lives of any hacktivists they apprehend through the very real threat of highly disproportionate sentencing.
As a result of the FBI's infiltration and entrapment tactics, several more of our brethren now face similar disproportionate persecution, the balance of their lives hanging on the severely skewed scales of a broken justice system.
We have felt within our hearts a burning rage in reaction to these events, but we have not allowed ourselves to be drawn into a foolish and premature response. We have bidden our time, operating in the shadows, adapting our tactics and honing our abilities. We have allowed the FBI and its masters in government -- both the puppet and the shadow government that controls it -- to believe they had struck a crippling blow to our infrastructure, that they had demoralized us, paralyzed us with paranoia and fear. We have held our tongue and waited.
With Aaron's death we can wait no longer. The time has come to show the United States Department of Justice and its affiliates the true meaning of infiltration. The time has come to give this system a taste of its own medicine. The time has come for them to feel the helplessness and fear that comes with being forced into a game where the odds are stacked against them.
This website was chosen due to the symbolic nature of its purpose -- the federal sentencing guidelines which enable prosecutors to cheat citizens of their constitutionally-guaranteed right to a fair trial, by a jury of their peers -- the federal sentencing guidelines which are in clear violation of the 8th amendment protection against cruel and unusual punishments. This website was also chosen due to the nature of its visitors. It is far from the only government asset we control, and we have exercised such control for quite some time...
2. The D.C. Circuit says no to recess appointments. It will be interesting to see how this plays out. The case will certainly go to the Supremes. Remember that a recess appointment was used with Judge Pryor, but he was eventually confirmed by the full Senate 53-45, so the case has no bearing on him.
3. Speaking of the 11th Circuit, Chief Judge Joel F. Dubina, will be the keynote speaker at a PBCBA membership luncheon on February 1 at 11:45 a.m. at the Marriott West Palm Beach. He will be speaking regarding the inner workings of the 11th Circuit and how things work behind the scenes. The luncheon will be co-hosted by the Palm Beach County Chapter of the Federal Bar Association and the Bankruptcy Bar Association for the Southern District of Florida.
President George H.W. Bush appointed Chief Judge Dubina to the 11th Circuit in 1990 and he was appointed as Chief Judge in 2009. Judge Dubina previously served as a U.S. District Judge for the Middle District of Alabama from 1986-1990. He received his B.S. from the University of Alabama and his J.D. from Cumberland School of Law. Pre-registration for this luncheon is required and can be done on the Bar's website by clicking here.
Friday, January 25, 2013
“JUSTICE THOMAS: Well, there — see, he did not provide good counsel.”
The riddle is solved. From the Washington Post:
[T]he court released a new transcript Wednesday that contains the complete sentence:
“JUSTICE THOMAS: Well, there — see, he did not provide good counsel.”
The point remained the same. Thomas was tossing a lighthearted barb during a discussion about the qualifications of some of the attorneys representing murder suspect Jonathan Boyer.
One had attended Yale and one had attended Harvard. Thomas is a Yale Law grad who has been a frequent critic of his alma mater. On the other hand, he may have been making a crack about rival Harvard, because the lawyer from Cambridge was a man, and the New Haven graduate was a woman.
Maybe the joke was directed at the entire Ivy League, a favorite Thomas target. Every member of the high court attended Yale or Harvard, although Justice Ruth Bader Ginsburg finished at Columbia.
[T]he court released a new transcript Wednesday that contains the complete sentence:
“JUSTICE THOMAS: Well, there — see, he did not provide good counsel.”
The point remained the same. Thomas was tossing a lighthearted barb during a discussion about the qualifications of some of the attorneys representing murder suspect Jonathan Boyer.
One had attended Yale and one had attended Harvard. Thomas is a Yale Law grad who has been a frequent critic of his alma mater. On the other hand, he may have been making a crack about rival Harvard, because the lawyer from Cambridge was a man, and the New Haven graduate was a woman.
Maybe the joke was directed at the entire Ivy League, a favorite Thomas target. Every member of the high court attended Yale or Harvard, although Justice Ruth Bader Ginsburg finished at Columbia.
Wednesday, January 23, 2013
Judge Carnes to take over as Chief of 11th Circuit
This summer Judge Dubina will hand over the reigns to Judge Carnes. Aly Palmer has more:
Chief Judge Joel Dubina of the U.S Court of Appeals for the Eleventh Circuit will step down as chief on August 1, Dubina told the Daily Report this week.
Dubina, who maintains his primary chambers in Montgomery, Ala., has been chief judge since mid-2009. He said the next chief judge will be Edward Carnes, a Montgomery-based judge who is next in line by seniority.
Court rules allow chief judges to serve up to seven years. “It has been the highlight of my judicial career,” Dubina said of his time as chief. “But there comes a time when you need to turn the reins over to someone else, and I believe that time has come for me.”
Dubina said he was leaning towards taking senior status—a form of semi-retirement in which judges can work a lighter caseload—in August, as well, but he didn’t commit to doing so. “I have not sent a letter to the president yet about senior status, and I have not definitively made up my mind about that,” he said.
Chief Judge Joel Dubina of the U.S Court of Appeals for the Eleventh Circuit will step down as chief on August 1, Dubina told the Daily Report this week.
Dubina, who maintains his primary chambers in Montgomery, Ala., has been chief judge since mid-2009. He said the next chief judge will be Edward Carnes, a Montgomery-based judge who is next in line by seniority.
Court rules allow chief judges to serve up to seven years. “It has been the highlight of my judicial career,” Dubina said of his time as chief. “But there comes a time when you need to turn the reins over to someone else, and I believe that time has come for me.”
Dubina said he was leaning towards taking senior status—a form of semi-retirement in which judges can work a lighter caseload—in August, as well, but he didn’t commit to doing so. “I have not sent a letter to the president yet about senior status, and I have not definitively made up my mind about that,” he said.
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