Friday, February 19, 2010

Friday news and notes

Well, not much happening here in the District, other than the badly-kept secret that former Supreme Court Justice Sandra Day O'Connor will be sitting on the Eleventh Circuit as a visiting judge in March. That should be fun...

In out-of-district news:

1. Jeffrey Rosen thinks President Obama should be Justice Obama.

2. You gotta read this dissent by Judge Kozinski. Here's a snippet: "It is also the only case I know of, in any jurisdiction covered by the Fourth Amendment, where invasion of the home has been approved based on no showing whatsoever. Nada. Gar nichts. Rien du tout. Bupkes.
Whatever may have been left of the Fourth Amendment after Black is now gone. The visceration of this crucial constitutional protector of the sanctity and privacy of what Americans consider their castles is pretty much complete. Welcome to the fish bowl."

3. And this dissent by 10th Circuit Judge Carlos Lucero: "Were this case simply about an innocent game of canasta, I would readily join the opinion of my majority colleagues outright. However, the abrupt departure of the trial judge from the bench while defense counsel was discussing the testimony of defendant's star witness, when coupled with the court's earlier admonitions to the jury that the same witness's testimony was 'absolutely untrue' and a 'falsity,' can only be interpreted as a clear message to the jury that the witness was not credible or worthy of the court and jury's unbiased consideration." (Apparently, the trial judge left the bench during the defense's closing because it was "his secretary's afternoon to play canasta and he had to get a couple of letters out.") (HT: How Appealing)

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