Which one doesn't belong?

The Federalist Society is having a panel looking back at the last ten years after September 11, 2001. On the panel: Wilfredo Ferrer, Jeff Sloman, Alex Acosta, Marcos Jimenez, Guy Lewis and Michael Caruso.

Back to work

Thanks to Rick for his excellent blogging, as usual.

A few items to start the week:

1. Enjoy the last week before school starts on the 22nd. Then back to parking-lot traffic. Ugh. (btw, shouldn't school start after Labor Day?)

2. In case you didn't see it, the Eleventh Circuit held 2-1 that President Obama's healthcare legislation was unconstitutional. Judges Dubina and Hull wrote a "joint opinion" and Judge Marcus dissented. Let's see what the Supremes do.

3. Florida state judges are saying (via Miami Herald) that they aren't bound by a federal judge's decision that the Florida drug statute is unconstitutional. I'm hearing that the same thing is occurring with Judge Martinez's order on the Florida death penalty -- state judges are saying that they aren't bound by the decision. But aren't they under the Supremacy Clause? Isn't this what federal habaes is all about? If state judges can just respond -- well, that's nice, but we'll decide what our state law says -- then why have habeas at all?

Summer speaking

Lots of Supreme Court Justices speaking this summer in really nice places. The latest are Justices Roberts and Kagan.

Justice Roberts has a rule about not speaking while on vacation, but he broke it and spoke in Maine:

"When judges or justices speak in court, there's a good chance we will disappoint half of the people who appear before us. When we speak in public, we have a good chance of disappointing everyone," Roberts said. "Despite that clear and present danger, I was happy to accept your kind invitation to visit this afternoon."

***

Roberts said that while he appreciates the efficiency of the information age, he worries that modern methods of legal research could make it easier to confuse the collection of information with the acquisition of knowledge.

"I hope that the generations that follow will get a chance to experience learning in the enriching environment of a real library and not just a virtual one – a library where you feel connected to knowledge in a very tangible way and also connected to those working alongside you in a similar pursuit for knowledge," he said, "even if they're representing an adversary or even if they're working for a judge who will decide your case."


And Justice Kagan spoke in Aspen:

“I think this comes as a surprise to many people when I talk about my experiences on the court, and to me as well,” Kagan said during a conversation in the Greenwald Pavilion at the Aspen Institute. “You know you read the court's decisions, and often there's some pretty sharp give-and-take: people accusing other justices on the other side [of the issue] of a wide variety of terrible conduct.”

“The truth is, it is an incredibly collegial and warm institution, with good friendships throughout the court and across whatever people think of as ideological divides, and that was the nicest feature of joining the court, was feeling that,” she said. “And how well and respectfully the members of the institution operate together.”

BREAKING -- Kathy Williams confirmed! Yes!

Wow, lots of great news today in the District. First, as discussed below, Judge Adalberto Jordan was nominated to fill Judge Susan Black's seat on the 11th Circuit. So we're losing one great judge, but we gain another -- the Senate just unanimously confirmed Kathy Williams to sit on the Southern District of Florida (Judge Hurley's seat).

I'm so happy for Kathy. It took wayyy too long, but that's a story that's been written about quite a bit and today is not the day to rehash it. Today is the the day to celebrate for Kathy. And yes, I'm biased -- I used to work for her at the Federal Public Defender's office, where she is known and respected around the country as running the model FPD office.

She's going to be a fantastic judge -- smart, hardworking, and compassionate. What else do you want from a federal judge?

The picture is Kathy from her confirmation hearings.

Congrats to Judge Adalberto Jordan!

President Obama nominated him today to sit on the 11th Circuit. He will be terrific on the court of appeals but will be sorely missed on the district court where he was known for his smarts, his patience, for treating everyone with respect and for calling 'em right down the middle.

Here's the press release from the White House:
President Obama Nominates Judge Adalberto José Jordán to the United States Court of Appeals

WASHINGTON, DC – Today, President Obama nominated Judge Adalberto José Jordán to the United States Court of Appeals for the Eleventh Circuit.

“Judge Adalberto José Jordán will bring an unwavering commitment to fairness and judicial integrity to the federal bench,” President Obama said. “His impressive legal career is a testament to the kind of thoughtful and diligent judge he will be on the Eleventh Circuit. I am honored to nominate him today.”

Judge Adalberto José Jordán: Nominee for the United States Court of Appeals for the Eleventh Circuit
Judge Adalberto José Jordán has served as a District Judge on the United States District Court for the Southern District of Florida in Miami since 1999. He also teaches as an adjunct professor of law at University of Miami School of Law, where he has taught since 1990, and Florida International University College of Law, where he has taught since 2007. Judge Jordán was born in Havana, Cuba, and immigrated to the United States with his parents at the age of six. He received his B.A. magna cum laude from the University of Miami in 1984, and his J.D. summa cum laude from University of Miami School of Law in 1987. After graduating from law school, he served as a law clerk to the Honorable Thomas A. Clark of the United States Court of Appeals for the Eleventh Circuit from 1987 to 1988, and the following year he served as a law clerk to the Honorable Sandra Day O’Connor of the Supreme Court of the United States. In 1989, Judge Jordán joined the Miami law firm of Steel Hector & Davis LLP (now Squire Sanders & Dempsey) as a litigation associate, eventually specializing in appellate practice and becoming a partner in 1994. Later that year, he joined the United States Attorney’s Office in the Southern District of Florida, serving as an Assistant United States Attorney in the appellate division and handling criminal and civil appeals on behalf of the government. Judge Jordán became appellate division chief in the office in 1998, and also served as special counsel to the United States Attorney for legal policy. Since being appointed to the District Court bench in 1999, Judge Jordán has presided over nearly 200 trials on a wide range of civil and criminal matters. In addition, he has frequently sat by designation on the United States Court of Appeals for the Eleventh Circuit.