What A Difference It Makes

By Michael Caruso

When Judge Ketanji Brown Jackson takes the oath as the 116th justice on the Supreme Court, not only will she make history as the first Black woman to serve on the Court, but for the first time in 232 years, the Court will not have a majority of white men.

Notwithstanding, the Washington Post recently highlighted the few notable instances of racial and gender diversity on the Supreme Court that have made tangible changes to American life.  

Here's the list for those who are behind the paywall:

Furman v. Georgia—death penalty

United States v. Virginia—gender discrimination 

Virginia v. Black—cross burning 

Ledbetter v. Goodyear—pay discrimination 

Safford Unified School District v. Redding—strip search

Fisher v. University of Texas—affirmative action 

Walker v. Texas Division, Sons of Confederate Veterans—Confederate flags

Utah v. Strieff—right to search

We'll see what the future holds. 

I'd also like to use this space to congratulate two friends on receiving awards last week from Riverside House. Unfortunately, I couldn't attend because I was held captive in a windowless conference room in our nation's capital.  

Randy Hummel, an AUSA at the U.S. Attorney's Office in Miami, was presented with the Janet Reno Award, and our very own David O. Markus was recognized with the Albert Krieger Award.  I couldn't think of two more deserving recipients of these prestigious awards. Well done.

How would a Republican Senate affect Biden's judicial picks?

 Would they all get blocked?  What would happen to a Supreme Court nominee? After the KBJ hearings, it is going to be interesting to see how it all plays out, especially if the Republicans take the Senate in November.  

The Supreme Court is now a pretty young court:

Thomas -- 73

Alito -- 72

Roberts -- 67

Sotomayor -- 67

Kagan -- 61

Kavanaugh -- 57

Gorusch -- 54

Jackson -- 51

Barrett -- 50

Meantime, we are still waiting on a U.S. Attorney and judges here in SDFLA... what's going on there?!

YES!

 

A new way to get out of jury service.

 Ahhh, you gotta love South Florida.  A juror in the Nikolas Cruz case was let go because she was too busy with her sugar daddy.  I kid you not.  From the New York Post:

A prospective juror for the sentencing of Florida school shooter Nikolas Cruz told the judge she wouldn’t have time for the civic duty — because she’s both married and has a “sugar daddy.”

Parkland gunman Nikolas Cruz pleaded guilty in October to 17 counts of first-degree murder and 17 counts of attempted murder in connection with the massacre.

***During the proceeding, Circuit Judge Elizabeth Scherer asked whether she had missed anyone with concerns or questions, courtroom video shows.

“Did you have a question?” she asks one of the prospective jurors, whom she identified as “Miss Bristol.”

“This is a whole entire month,” the woman replies. “First of all let me clarify myself, July 2nd is my birthday, July 4th is my son, and the 18th is my other son.”

Scherer tells her to slow down.

“Don’t talk too fast, we have to be able to understand … so you said that the July, there’s dates in July that you’re not available? What are those dates?” the judge asks.

“July 7th, July 4th, and July 18th … And again, I need to figure out something. I have my sugar daddy that I see every day,” Bristol answers.

“I’m sorry?” Scherer asks in a deadpan manner as she cocks her head.

“My sugar daddy,” Bristol repeats.

“OK, I’m not exactly sure what you’re talking about but we’ll …,” the judge interjects.

“I’m married, and I have my sugar daddy. I see him every day,” Bristol says.

“OK. All right. Ma’am, we’ll come back to you, OK? Thank you,” Scherer responds.

More than 120 of the first 160 prospective jurors were dismissed — including Bristol, Fox News reported.

 

CODA and SDFL

 

By John R. Byrne

The film CODA—an acronym for Child of Deaf Adults—recently won the Oscar for Best Picture.  Troy Kotsur, the deaf actor who played the deaf father of the main character, also took home an Oscar for Best Supporting Actor.  It’s an incredible movie.  Its success has brought more media attention to a recent order issued by Judge Ruiz.  The Florida Bar Journal covered it yesterday.  The case involved a deaf woman who said she struggled to get proper help at the Cleveland Clinic in Weston.  The parties settled the case but Judge Ruiz found that the hospital failed to honor its agreement to train staff on how to properly interact with the deaf.  He ultimately ordered the hospital to pay the $16,000 fine to the Center for Independent Living of Broward County, an entity that provides deaf interpreters for certain events. 

Troy Kotsur’s Oscar acceptance speech is worth a watch.  May want to have a box of tissues handy….

"Public defenders often have a natural inclination in the direction of the criminal."

That's Senator Ted Cruz ... I was going to write unbelievable, but I guess it's not.

 

Ted Cruz goes on a bizarre, lie-filled rant against public defenders:

"Public defenders often have a natural inclination in the direction of the criminal."

Reminder: every American is constitutionally guaranteed legal representation. pic.twitter.com/wg0hvwwydV

— American Bridge 21st Century (@American_Bridge) April 4, 2022

Magistrate Judge Melissa Damian sworn in (UPDATED WITH NOTE FROM WILLIAM ROMANISHIN)

 As fellow blogger John Byrne reported last week, our newest magistrate judge was sworn in on Friday.  Here's a picture, courtesy of Daniel Portnoy Photography:

 Congratulations to Judge Damian!

Update -- I loved this comment from longtime court reporter Bill Romanishin:

"Melissa" was one of many excellent law clerks I had the privilege of meeting and working with during my 28-year stint as Judge Ungaro's court reporter. I had intended to attend her investiture but was unable to. So I'm sharing a poem I wrote in Her Honor.

TRIBUTE TO MAGISTRATE JUDGE DAMIAN

My Dear Magistrate Judge "Melissa"
I have to say we sure did miss ya
When you left our chambers so long ago
After two years of clerking with Judge Ungaro

On you went to bigger and better things
The practice of law and all that that brings
Working diligently to file that legitimate motion
With confidence, intelligence, and great devotion

To the client who chose you for legal representation
To win their lawsuit and put an end to the litigation
Knowing you gave it your best with vigor and vim
Your reward being a judge's order that says you win

But who can forget your brownies that were so delish
And that secret recipe that you surely did relish
Myself perhaps the greatest fan of that sweet treat
Some might think that all we did in chambers is eat

But they will surely now soon discover
Their R&R has your name on the cover
Its content reflecting your expertise and precision
A judge seeing your name with deference to your decision

Knowing you rendered it with analysis and great thought
After listening to both sides in the courtroom where they fought
You exude great knowledge, forethought, and nothing less
So in this new position I know you'll give it your best!

Congratulations to Judge Melissa Damian

By John R. Byrne

Beautiful ceremony this Friday afternoon celebrating Judge Damian’s investiture.  Judge Ungaro gave a heartfelt speech about her former law clerk followed by funny and poignant speeches from Melanie Damian and the judge herself.  

Blogger David Markus was in absentia but received a shout out!