Bush nominates John Roberts for Chief Justice

President Bush has nominated John Roberts to succeed William Rehnquist as the next Chief Justice of the United States. The Herald reports the story here.

Chief Justice Rehnquist

Yesterday, the New York Times published a comprehensive obituary.

In Memory of Chief Justice William Rehnquist

I am in Asheville, NC for the long weekend and stole a minute to post this note about the Chief Justice who died last night. Many of us did not always agree with his views, but one cannot disagree with how commited he was to the Court and to the judiciary. During the last 30+ years on the Court, he has truly shaped our country and the courts. For all the coverage on Rehnquist, his possible replacements, and how the Court will function with only 7 or 8 Justices in the coming months, check out the great SCOTUSblog (or its sister Supreme Court Nomination blog). For the news on this subject, HowAppealing is the place to go. And for those that are interested in replacements -- I have said that the next Justice should be a Floridian. In our poll (below on the right), Judge Marcus is leading the pack, with Judges Jordan, Moreno, and Altonaga right behind him. Vote! I will be back in town Wednesday...

"Meth kills"

Says acting U.S. Attorney R. Alexander Acosta in today's Herald (Mr. Acosta is apparently "old school").* The article reports that the Bush administration has begun a nationwide campaign to eradicate the use of the aforementioned drug. Locally, the U.S. Attorney's office has brought two indictments as part of this effort. You can read the story here. The Herald article also cites a webpage where you can see the effects of meth upon a person's teeth. If you want to see go here. But, be forewarned, it is not a pretty picture.



*Back in the early days of the public service announcement (in the late 60's), the Do It Now Foundation convinced Jim Morrison of the Doors to tape an anti-drug ad for their "Speed Kills" radio campaign. Frank Zappa made a splash with an equally ominous spot warning listeners that "In general, this drug will make you just like your mother and father."

Bananas!

Bananas are in federal court. The Miami Herald reports: "Suspicions of banana price fixing in Europe have touched off a rash of U.S. class-action suits against the biggest names in bananas -- Chiquita, Dole and Del Monte -- alleging the corporations conspired to hike the price of the world's most popular fruit. At least eight complaints have been lodged in U.S. District Court in Miami against Chiquita Brands International, Dole Food Co., Fresh Del Monte Produce and Grupo Noboa, alleging the four companies and subsidiaries exchanged information in order to fix banana prices." The article mentions that lawsuits have been filed by numerous firms including Hanzman & Criden of Coral Gables, and Shepherd, Finkelman, Miller & Shah of Fort Lauderdale.

Law.com reports that Judge James Hill (from the 11th Circuit) is not happy with the rule in the 11th Circuit that says that if an argument is not raised in an appellant's initial brief, then it is forever waived -- EVEN IF the Supreme Court changes the law after you have filed your initial brief. I have written about this rule before and have a cert petition pending in the Supreme Court challenging the rule. Here is Judge Hill on the issue: "The Bordons should have claimed relief under Booker -- before Booker was decided! For this precedent I am sorry. Stare decisis is an important doctrine, but I trust that, from time to time, it might be tempered with fiat justitia ruat coelum." (The last four words, from Latin, mean "Let justice be done though the heavens may fall" and are the motto of the Supreme Court of Georgia.) Contrasting the 11th Circuit with other appeals courts that have allowed broader application of Booker, Hill wrote, "I should like to think that a court would want to correct an erroneous sentencing of incarceration -- if an efficient and prudential method could be devised to do so. We must feel that we cannot. Yet, the other circuits in this country seem to be doing so -- and surviving!"

BTW, I am going on vacation to North Carolina tomorrow and may be without access to the internet. If so, and if I can't get my co-blogger (anon) to turn on his computer, then it may be a little quiet until next Wednesday.