A Conversation About the Constitution

By John Byrne

Interesting and fun conversation yesterday afternoon in Chief Judge Altonaga's courtroom.  Judge Altman interviewing Yale Professor Akhil Reed Amar about his book, "The Words That Made US:  America's Constitutional Conversation, 1760-1840."  Takeaways--George Washington, not James Madison, was the true Father of the Constitution, and Professor Amar should get royalty checks for scripting portions of the movie Air Force One and The West Wing.  Chief Judge Altonaga, Judge Altman, and Judge Becerra were all students of Professor Amar at Yale Law School.

Chief Judge Altonaga issues new CARES Act Order

 You can read it here.

Basically it allows for video and telephonic hearings, but only for out of custody clients.  It does not continue jury trials.  The order is good for the next 90 days.

Congrats to your newest Magistrate Judge, Melissa Damian

Woohoo! This is great.

 

SDFLA Cert Grant

 This morning I posted some Supreme Court news, but I missed the big cert grant from this District.  Congrats to Andy Adler and Michael Caruso.  The case is Kemp v. United States. 

 The issue presented is: "Whether Federal Rule of Civil Procedure 60(b)(1) authorizes relief based on a district court’s error of law."

The 11th Circuit opinion ruling against the defendant is here.   

This isn't their first trip to SCOTUS.  Adler argued last term in Terry v. United States.

Justice Sotomayor calls for Sentencing Commission to be formed

 She does so (joined by Justice Barrett) in this statement respecting the denial of certiorari. 

It is the responsibility of the Sentencing Commission to address this division to ensure fair and uniform application of the Guidelines. Cf. Braxton v. United States, 500 U. S. 344, 348 (1991). In March 2021, I wrote concerning an unresolved Circuit split over the proper interpretation of a Guideline. See Longoria v. United States, 592 U. S. ___. The Sentencing Commission lacked a quorum of voting members then, and it still does today. At this point, the Sentencing Commission has not had a quorum for three full years. As the instant petition illustrates, the resultant unresolved divisions among the Courts of Appeals can have direct and severe consequences for defendants’ sentences. I hope in the near future the Commission will be able to resume its important function in our criminal justice system.

Best wishes to JJO

 Magistrate Judge John O'Sullivan officially retired today, after serving on the bench since 1999 (before that, he was a prosecutor, where he led the Court Broom case).  

One of the good guys on the bench, that's for sure.  Despite COVID, there was a nice reception for him at the Ferguson building this afternoon.  Judge O'Sullivan was drinking from a huge mug of beer with ice. 

My selfie game wasn't on point though:

Lend A Helping Hand

BY MICHAEL CARUSO

 

As David’s loyal readers know, Judge Seitz (and Judge Ungaro and now with Judge Reid) has presided over the district’s CARE Court for the last several years. The “Court Assisted RE-entry” program recognizes that the transition from prison to the community is challenging. The program’s mission is to ensure returning citizens’ successful reentry into the community, reduce recidivism, and enhance public safety. CARE works to achieve these goals by educating the community on the complex issue of returning citizen reentry and by forming collaborative partnerships with service providers. The program seeks to address the many complex barriers returning citizens face when reentering society in such areas as employment, housing, education, medical and mental health, substance abuse, family reunification, and social networks.

Work and employment are crucial to success. Returning citizens need work for the same reasons as everyone else: to support themselves and their loved ones, pursue life goals, and strengthen their communities. To this end, many try to start their own businesses. 

Over the holidays, I came across this cookie company started by a person who honed his baking skills in prison. My order—Nutella Chocolate Chip—was fantastic. Many other companies were founded or employ returning citizens. In the new year, consider patronizing these businesses and lend a helping hand. 

Also, in the new year, you could do worse than following this advice from the late Joan Didion:

“I’m not telling you to make the world better, because I don’t think that progress is necessarily part of the package. I’m just telling you to live in it. Not just to endure it, not just to suffer it, not just to pass through it, but to live in it. To look at it. To try to get the picture. To live recklessly. To take chances. To make your own work and take pride in it. To seize the moment. And if you ask me why you should bother to do that, I could tell you that the grave’s a fine and private place, but none I think do there embrace. Nor do they sing there, or write, or argue, or see the tidal bore on the Amazon, or touch their children. And that’s what there is to do and get it while you can and good luck at it.”

 

For the Defense, Season 4, Episode 2: Mark Geragos for Susan McDougal

 

FOR THE DEFENSE SEASON 4, EPISODE 2
MARK GERAGOS (left) FOR SUSAN McDOUGAL (center)

HAPPY NEW YEAR!

Season 4 of For the Defense continues today with Mark Geragos for Susan McDougal.  You can check it out on all podcast platforms (including Apple, Spotify and Google. All other platforms can be accessed on this website.)  We launched a few weeks ago with Bruce Rogow (2 Live Crew and Luther Campbell) 

We will have new episodes every other Tuesday.  Upcoming episodes include:

• Juanita Brooks (John DeLorean)
• Gerry Goldstein (Deep Throat)
• Geoffrey Fieger (Dr. Jack Kevorkian)
• Brian Heberlig (Ali Sadr)
• Ed Shohat (Carlos Lehder)
• John Gleeson (Holloway Project)

Please send me your feedback -- and of course, subscribe, like and comment!  If you have a friend that would like to receive these updates, please have them sign up here. Or if you are tired of getting these updates (I hope not!), then there is a link to unsubscribe at the bottom of this email.

Thank you! --David

Hosted by David Oscar Markus and produced by rakontur

CONTACT: info@rakontur.com, dmarkus@markuslaw.com