Wednesday, February 19, 2014

$1 million vase?

So, I'm sure you've read about the artist breaking the vase at the PAMM over the weekend. According to the press, the vase was worth $1 million. Here's a picture of the display of the vases. You tell me. (By the way, check out the artist in the background, breaking a vase.)

http://media.npr.org/assets/img/2013/12/02/ai-weiwei-installation-11--a0759f128b7e1c33fa2945effd9c2930396e77f0.jpg

Meantime, it's just an excuse to post this Austin Powers clip:



Here's the video of the guy breaking the vase.

Tuesday, February 18, 2014

Should there be cameras in the Supreme Court?

Of course there should.  And now there's an ad campaign about it:

A coalition of media, public interest and open-government organizations today launched an unprecedented advertising and petition campaign to persuade the U.S. Supreme Court to open its doors to cameras.
The Coalition for Court Transparency was created to generate momentum for a change in the high court's long-standing resistance toward allowing broadcast access to its proceedings, even as the demands of the Information Age have brought greater transparency to other government institutions.
A 30-second television ad urging the court to permit camera access will air in coming weeks on CNN, Fox, MSNBC and CNBC. Its message, in part: “The Supreme Court’s decisions impact the lives of Americans everywhere. But only a privileged few get to witness history and see justice in action … It’s time for a more open judiciary. It’s time for cameras in the Supreme Court.”
For decades, the news media have politely asked the court to change its policy, and bills have been introduced in Congress to require it to do so. But with congressional leaders reluctant to intrude on the justices’ turf and prerogatives, the bills have withered on the way to passage.
The news media in recent years have taken a largely passive approach, waiting for younger, more media-comfortable justices to join the court. But that strategy has failed as new justices, most recently including Sonia Sotomayor and Elena Kagan, “go native” and suddenly oppose cameras, even though they favored the idea before.
The court has taken some steps toward transparency over recent years, including quick online posting of its opinions and oral argument transcripts. The audio of arguments is available sooner than decades ago, but not same-day, except in rare circumstances. Televising proceedings, however, have been a bridge too far, with past justices Warren Burger and David Souter famously vowing cameras would roll into the court chamber only over their dead bodies.
The new campaign coalesced out of frustration with the court’s resistance, as well as a feeling that the court would benefit, not suffer, from greater public exposure.
“There’s nothing the government does that’s more impressive than the high-quality debates that take place before the Supreme Court,” said Doug Kendall, founder of the Constitutional Accountability Center, a member of the coalition.

Here's the ad:

Monday, February 17, 2014

President's Day News & Notes (Supreme Court style)

The Southern District of Florida is pretty quiet today, so here's some Supreme Court news for those of you in the office:

1.  Justice Stevens is still active.  Here are some good stories:

In his early days as a justice, Stevens recalled, Brennan persuaded him to attend the exclusive Gridiron Club dinner put on by Washington journalists. Brennan insisted on loaning Stevens his suit with tails for the occasion.
The problem, Stevens said, was that "Brennan was a good deal heavier than I was." As a result, Stevens worried all evening that the suit "would not protect my dignity." But it all turned out well. Stevens was seated next to the famed dancer and actress Ginger Rogers. "It was one of the best evenings I ever had, and I owe that to Bill Brennan."
As on other occasions since retiring in 2010, Stevens was critical of some of the decisions the court has handed down since he left. Both Snyder v. Phelps and United States v. Alvarez, he said, were too protective of false speech. The Snyder case went in favor of virulent protesters at military funerals, and Alvarez struck down a federal law that made it a crime to falsely claim to have won a military Medal of Honor.
The Alvarez ruling, Stevens said, "sends a terrible message to the youth of our nation and to the general public as well" by announcing a constitutional right to lie.
Neither Snyder nor Alvarez were 5-4 decisions, so the fact that Stevens would have voted differently than his successor Elena Kagan would not have made a difference in the outcome.
Still, Stevens' remarks underscored what a difference a single justice can make, even on a nine-member court. He recounted how, in Harte-Hanks Communications v. Connaughton, a libel decision he authored in 1989, he was first assigned to write a propress majority opinion. When he read the record, however, he changed his mind, deciding it was a rare instance when the press should be held liable for defaming a political candidate. The rest of the court followed Stevens' lead.
The behind-the-scenes maneuvering in the court's long line of libel cases is the focus of a powerful new book that was discussed at the conference. Written by court scholar Steve Wermiel and Lee Levine, partner at Levine Sullivan Koch & Schulz, "The Progeny: Justice William J. Brennan's Fight to Preserve the Legacy of New York Times v. Sullivan" makes it clear that court opinions can be the product of months — and sometimes years — of negotiations and rewrites.

Scalia also displayed his famous sarcastic wit throughout, lastly directing it at Chicago deep dish pizza during questioning after his speech. He said he liked both Chicago and New York style pizza, but Chicago style “shouldn’t be called pizza” he said. “It’s very tasty, but it’s not pizza.”

Friday, February 14, 2014

Judge Seitz's Portrait Hanging

Congratulations to Judge Seitz on her portrait hanging yesterday on the 13th Floor of the Wilkie Ferguson Courthouse.  Although I wasn't able to attend, I heard it was a lovely event and a huge turnout.

Thursday, February 13, 2014

11th Circuit weighs in on Juan Carlos Chavez case

Rumpole has all of the details on the case and execution, which occurred yesterday. 

Chavez tried to get a stay from the 11th Circuit and the Supreme Court, both of which were denied.  The 11th Circuit opinion, written by Carnes, with a concurrence from Martin is here.

This is how Judge Carnes starts the majority opinion:

Juan Carlos Chavez kidnapped a nine-year-old boy at gunpoint, anally raped
him, verbally taunted and terrorized him, shot him to death, dismembered his body,
discarded his body parts in three planters, and then filled those planters with
concrete. See Chavez v. State, 832 So. 2d 730, 738–41 (Fla. 2002). Facing
imminent execution, Chavez has filed a lawsuit claiming that he may experience
unnecessary pain when the State of Florida executes him by lethal injection. After
conducting an evidentiary hearing, the district court denied Chavez’s request for a
temporary restraining order, preliminary injunction, or stay of execution. This is
his appeal.


That's some powerful writing.