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All Posts from January, 2010




State of the Union: President Obama’s Treatment of the Supreme Court

January 28th, 2010 | By LowellB in Editorials, Law, Lowell, Politics, TN Blog | 2 Comments »

Here we have the President of the United States, in his State of the Union address, hectoring the Supreme Court over a decision with which he disagrees, and urging Congress to help him circumvent the effect of that decision. This may be unprecedented.

You can see Justice Samuel Alito shaking his head and mouthing the words, “Not true,” in response to the president.

Thanks to Glenn Reynolds at Instapundit, we have this from Georgetown law professor Professor Randy Barnett:

In the history of the State of the Union has any President ever called out the Supreme Court by name, and egged on the Congress to jeer a Supreme Court decision, while the Justices were seated politely before him surrounded by hundreds [of] Congressmen? To call upon the Congress to countermand (somehow) by statute a constitutional decision, indeed a decision applying the First Amendment? What can this possibly accomplish besides alienating Justice Kennedy who wrote the opinion being attacked. Contrary to what we heard during the last administration, the Court may certainly be the object of presidential criticism without posing any threat to its independence. But this was a truly shocking lack of decorum and disrespect towards the Supreme Court for which an apology is in order. A new tone indeed.

Instapundit has a collection of additional comments on this latest episode.

One of the criticisms we hear about President Obama is that he is arrogant. This episode certainly seems to support that claim. And that attitude of arrogance may pervade his administration. In the video, you can see Eric Holder, the Attorney General of the United States, at the Court members’ right. He is sitting right next to them. At least, he was, until he leapt to his feet and, with a grin, began applauding the president’s statement. If nothing else, this whole episode is appallingly impolite.

And to think the president is a lawyer.

U.S. Supreme Court Blocks Broadcast of Prop 8 Trial

January 10th, 2010 | By Sonja in Editorials, Gay Marriage, Law, Lowell, Lowell's Links, Media, Politics, Proposition 8, Uncategorized | No Comments »

Showing an abundance of caution, the United States Supreme Court has ruled to protect the proceedings of the Proposition 8 discrimination trial in San Francisco, blocking efforts by the trial judge, U.S. District Court Judge Vaughn to allow cameras into a

Federal Judge Vaughn Walker

Federal Judge Vaughn Walker

California federal courtroom for the first time.

Less than four weeks ago, the Ninth Circuit Court of Appeals determined that it was time to begin a pilot project exploring the benefits of broadcasting federal civil trials.   It is somewhat remarkable that the long-protected privacy of California federal courtrooms would become negotiable just weeks before the start of the Proposition 8 discrimination trial.   The Ninth Circuit’s “pilot project” immediately opened the door for Federal Judge Vaughn Walker to take extraordinary legal steps, on New Year’s Eve no less,  to extend the project to include the discrimination suit against Protect Marriage.  With every day, the prosecution of Protect Marriage seems to be led, not just by formidable constitutional attorneys David Boies and Ted Olson, but by Judge Walker as well.  An outraged National Review Online columnist, Ed Whelan, notes that by waiting until New Year’s Eve to make procedural moves to broadcast the Proposition 8 discrimination trial, Judge Walker essentially precluded the public from having any opportunity to oppose it.  In a letter written directly to the Judge, Whelan publicly challenges the motives behind the move:

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