Thursday, October 22, 2020

News & Notes

1.    Another debate tonight.  This time with a mute button.  Fun times.

2.     Obama goes after Trump.

3.    ACB takes next step to confirmation.

4.    Wear a mask, even Chris Christie says so.

5.    Jury trials are off till April, but we're making grand juries come in starting in mid-November. Instead of 11 GJs, there will be 2.  And they will meet two days a week.  

 6.    Transitions is holding its annual fundraiser today, virtually.  They are a good group who needs your help.


 

Wednesday, October 21, 2020

Attorney Aaron Honaker arrested for bank robbery

Another Miami story.

Here's the Herald:

A Coral Gables attorney was called a “serial bank robber” by the FBI, which believes he robbed five banks since Sept. 30 before his Tuesday night arrest.

The agency said Miami resident Aaron Honaker, 41, was headed into a bank when Coral Gables police arrested him. Honaker’s first appearance in Miami federal court is set for Wednesday afternoon.

***

Honaker’s Florida Bar entry says he’s with the firm of Martinez Morales and has no Bar discipline cases in the last 10 years. Court documents say he previously worked at Greenberg Traurig. He joined the Bar in 2008, two years after graduating from Duke University School of Law.


Court packing

 There's been a lot of debate about packing the Supreme Court.  Most Americans are against it, and according to a recent poll, 51% of Americans want ACB confirmed. That said, here's an interesting essay from Charles Fried about why Biden should do it if SCOTUS goes too far.  It ends this way:

But before going forth on any enlargement plan, a Biden administration would do well to see if the Supreme Court might not heed the lesson of history. Consider the well-known episode indelibly judged as President Franklin Roosevelt’s “failed” court packing plan. Mr. Roosevelt waited to propose his “Judicial Procedures Reform” legislation until 1937, after his first four years in office during which the reactionary Supreme Court majority relentlessly obstructed desperately needed experiments to combat the Great Depression.

President Roosevelt’s move is viewed as a rare failure by a master politician. But was it? Immediately after his proposal was unveiled, the court ruled 5 to 4 that the Wagner Act, restructuring American labor law and relations, was constitutional, and a spate of pro-New Deal decisions followed. The very threat of court packing and the passage of time made this “nuclear option” unnecessary.

Let’s see whether the current Supreme Court majority overplays its hand. If it does, then Mr. Biden’s nuclear option might not only be necessary but it will be seen to be necessary.

In local news, if you are looking for Chief Judge Moore's Order postponing jury trials until April 2021, here ya go.

Monday, October 19, 2020

Who is left on SCOTUS from Bush v. Gore?

Billy Corben's and Alfred Spellman's new documentary 537 Votes has me thinking Bush v. Gore...

Only Justices Thomas and Breyer remain on the Court from that time.  But two current Justices (Roberts and Kavanaugh) and one soon to be Justice (Barrett) all worked for the Bush team.  From CNN on ACB:

Barrett wrote on the questionnaire she submitted to the Senate for her Supreme Court confirmation review, "One significant case on which I provided research and briefing assistance was Bush v. Gore." She said the law firm where she was working at the time represented Bush and that she had gone down to Florida "for about a week at the outset of the litigation" when the dispute was in the Florida courts. She said she had not continued on the case after she returned to Washington.

During her hearings this week, she told senators she could not recall specifics of her involvement.

"I did work on Bush v. Gore," she said on Wednesday. "I did work on behalf of the Republican side. To be totally honest, I can't remember exactly what piece of the case it was. There were a number of challenges."

Friday, October 16, 2020

SDFLA trials suspended until April 2021

 But grand juries are coming back in November instead of January as originally planned. That’s the word out of the judges’ meeting today but no official order yet.