Thursday, May 22, 2008

WITHER JUSTICE KENNEDY?

Last year the Supreme Court issued 68 written opinions, 24 decided 5-4, with Justice Kennedy in the majority of all of them. Indeed Kennedy was in the majority of all but two of the opinions issued last year. Quite a batting average.

This year, with 35 written opinions issued so far, there has been one decided 5-4.

While Kennedy has been as dominant as ever, his swing vote on the 5-4 decisions has not been needed.

The NY Times has the article
HERE

The article also has these startling criticisms of the court and the Chief Justice by none other than Conservative Hero (the Times calls him an "Icon") Judge Richard Posner:

"Judge Richard A. Posner, the conservative icon who sits on the federal appeals court in Chicago, offers some pointed and unusually personal criticism of Chief Justice Roberts in his new book, “How Judges Think,” published this year by Harvard University Press. The chief justice’s self-description during his confirmation hearing as a simple baseball umpire might have been a “tactical error” for one who evidently “aspires to remake significant areas of constitutional law,” Judge Posner writes, adding:
“The tension between what he said at his confirmation hearing and what he is doing as a justice is a blow to Roberts’s reputation for candor and a further debasement of the already debased currency of the testimony of nominees at judicial confirmation hearings.”


Stern words indeed.

Meanwhile, ASA David Ranck has some new emails posted on his blog HERE.
In all honesty we couldn't exactly follow the import of the posted documents, but then, we've been known to get an early start on a long weekend before.

So enjoy another Memorial Day long weekend.
And then comes the Tuesday disaster after the long weekend. How well have our chief judges prepared this time? The proof as they say, is in the length of the lines on Tuesday.

See You Tuesday, tanned, rested and ready for another trial.

19 comments:

Anonymous said...

Could Rank's emails be a sign that Lorna is on her way out?

Anonymous said...

Hey Rump screw the elevators here is a waste of $$$ by the County:

Name / Title Department /
Date Hired Annual Salary /
Gross YTD
MAZZELLA, CHRISTOPH R
INSPGNRL Independent Review Panel
09/08/1998 $215,172.00
$218,953.00
MEYERS, ROBERT A
DR,MDC ETH Independent Review Panel
06/29/1998 $196,234.00
$203,601.00
DIAZ, EDUARDO I
EXECDR, IN Independent Review Panel
02/08/1982 $174,462.00
$193,651.00
SOLOWITZ, IRWIN A
DPINSPGNRL Independent Review Panel
11/02/1998 $149,306.00
$157,059.00
LANGER, SHARON L
DRLEGADSOC Independent Review Panel
04/08/1986 $135,341.00
$139,184.00
LIU, PATRA P
ASTINSPGNR Independent Review Panel
03/06/2000 $132,578.00
$148,849.00
MURAWSKI, MICHAEL P
ADVMDCETHI Independent Review Panel
06/12/2000 $127,460.00
$137,685.00
WALKER, ARDYTH V
STFGENCOUN Independent Review Panel
09/14/1998 $120,278.00
$128,213.00
CARBERRY III, EDWARD J
SPECAGTSV Independent Review Panel
08/07/2000 $116,735.00
$125,771.00
JOHNSON, CEDRIC
SPECAGTSV Independent Review Panel
08/21/2000 $116,717.00
$123,324.00
JORDAN, CAROL A
ASTLEGCOUN Independent Review Panel
11/13/2001 $111,081.00
$115,130.00
FERRIS, ANTHONY D
SPECAGTSV Independent Review Panel
01/16/2001 $110,245.00
$111,245.00
CALDWELL, MICHAEL T
SPECAGTINS Independent Review Panel
02/14/1994 $107,689.00
$115,876.00
JACKSON, TANYA R
SPECAGTINS Independent Review Panel
06/08/1992 $107,426.00
$116,997.00
CENDAN, JUANITA
LAATT Independent Review Panel
11/20/1990 $104,878.00
$103,826.00
POLLOCK, STEPHEN J
SPECAGTSV Independent Review Panel
06/11/2001 $102,973.00
$112,112.00
CANEPARI, JOHN
CONOVSPOIG Independent Review Panel
11/07/2005 $101,477.00
$101,710.00
DIAZ, MANUEL W
LDINVESTIG Independent Review Panel
01/01/2001 $96,722.10
$98,717.30
PERIKLES, MARIE F
ASTLEGCOUN Independent Review Panel
07/21/2003 $95,234.10
$103,129.00
TOPLEY, CHRISTINA M
AUDMDCETHI Independent Review Panel
03/22/1999 $93,901.30
$94,332.40

Anonymous said...

This guy is running for judge? FDIC charged him with violation of laws and regulations. He is permanently prohibited from participating in any banking activities on behalf of any FDIC insured bank.

783 F.2d 1580
54 USLW 2506
SUNSHINE STATE BANK, South Miami, Florida, Rafael L. Corona,
Ray L. Corona, and RICARDO R. CORONA, Petitioners,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent.
No. 85-5741.
United States Court of Appeals,
Eleventh Circuit.
March 13, 1986.
Robert L. Shevin, Sharber, Shevin, Shapo & Heilbronner, P.A., Jeffrey M. Weissman, Miami, Fla., for petitioners.
Thomas A. Schulz, James A. Clark, Federal Deposit Ins. Co., Washington, D.C., for respondent.
Petition for Review of an Order of the Federal Deposit Insurance corporation.
Before RONEY, FAY and HATCHETT, Circuit Judges.
PER CURIAM: AFFIRMED

In late 1983 and early 1984, the FDIC issued three separate Notices of Charges and of Hearing, charging the Bank with engaging in unsafe and unsound practices and committing violations of law. The FDIC also issued a Notice of Intention to Remove from Office and to Prohibit from Further Participation ("Removal Notice") against Rafael, Ray, and RICARDO CORONA, charging the Coronas with engaging in unsafe and unsound banking practices, VIOLATIONS OF LAWS AND REGULATIONS, and breaches of fiduciary duties evidencing a willful or continuing disregard for the Bank's safety and soundness.

The FDIC conducted examinations of the Bank in 1983. As a result of these examinations, the team of examiners eventually classified $3,710,000 of the Bank's loans as "Loss," $1,285,000 as "Doubtful," and $25,822,000 as "Substandard." About 47% of the Bank's total loans were adversely classified. These adversely classified loans amounted to 581% of total equity capital and reserves. THE EXAMINERS ALSO CITED NUMEROUS VIOLATIONS OF LAW IN CONNECTION WITH THE BANK’S PROCEDURES.

Petitioners Sunshine State Bank and Rafael, Ray, and RICARDO CORONA challenge the action of the FDIC PERMANENTLY PROHIBITING THE CORONAS FROM PARTICIPATING IN BANKING ACTIVITIES ON BEHALF OF THE BANK OR ANY OTHER FDIC-INSURED INSTITUTION, and requiring petitioners' compliance with a final cease and desist order.

Anonymous said...

I like and respect David, he's got more balls than 200 of us put together, but I would love to know what his end game is here? What is he hoping to accomplish?

Anonymous said...

Anybody have a copy of an updated pd salary list? Inquiring minds want to know who is making the big money...

Anonymous said...

More important for Florida practitioners than whither goest Justice Kennedy, is the matter of whither goest Justice Bell.

Supreme Court of Florida
FOR IMMEDIATE RELEASE
May 23, 2008
Contact: Craig Waters
(850) 414-7641
Justice Kenneth Bell Announces His Resignation
TALLAHASSEE – Justice Kenneth B. Bell today announced his resignation from the Florida Supreme Court effective October 1, 2008.
In a letter to Gov. Charlie Crist, Bell said that he will return to his hometown of Pensacola because of family reasons, much as his colleague Justice Raoul G. Cantero, III., did earlier this year when the latter announced his return to Miami.
“Serving the people of Florida as a justice,” said Bell, “has been the greatest privilege of my public life. Indeed, I wish I could continue to serve. However, similar to the reasons recently expressed by Justice Cantero in his resignation, my family responsibilities require that I return full-time to Pensacola.
“I will leave Tallahassee with many cherished friends and fond memories of my time on the Court.
“I hope that tendering this resignation today will give you sufficient time to complete the constitutional mechanism for appointing a replacement.”
Bell’s letter of resignation was delivered to Gov. Charlie Crist earlier today.
Bell, 52, is Florida’s 81st Justice since statehood was granted in 1845. He became the first Justice appointed from the far Western Panhandle of Florida in more than a century when then-Gov. Jeb Bush named him to the state’s highest court on December 30, 2002.
Bell formally took office on January 7, 2003. For more information, see:
http://www.floridasupremecourt.org/justices/bell.shtml

Anonymous said...

SAME QUESTION TO RANCK: WHY NOW?

It's been posted a bunch of times. We'd love to know the answer.

Thanks.

CAPTAIN said...

THE CAPTAIN REPORTS:

Two opem seats on the Fla. Sup. Ct.; Gov. Crist is going to be very busy this summer.

Cap Out ....

CAPTAIN said...

THE CAPTAIN REPORTS:

Two opem seats on the Fla. Sup. Ct.; Gov. Crist is going to be very busy this summer.

Cap Out ....

Rumpole said...

Double the Captain, Double the pleasure.

Anonymous said...

Well, true to his word, Judge Slom didn't schedule any of my pesky infraction cases for Tuesday morning at REJ so my secretary didn't have to spend an extra 3 minutes preparing my schedule.

Let's see if that really does anything to keep the lines shorter.

If only he could've done something about my 6 misdemeanors that sounded ready....

Anonymous said...

Rumpolium- who's the idiot Judge bringing jurrors back tomorrow on some 3rd degree felony case?

Just wonderin.

Older Defense Atty Loving Life said...

Damn right Rump. Right now I got a 2nd year UM law Blonde AND a Third Year UM Law Redhead on my 35 Contender. Drinking Mojitos. AC in the Cabin. Nice flat screen TV. I'm helping them with their Admiralty Class. Double the pleasure. Double the fun. Come rescue me Monday but NOT before Monday.

Anonymous said...

Since Rump is not providing the updates, the www.gamepolitics.com site is reporting it CRASHED this week with the news about Rumps favourite banned writer. It's up and running now with a new server.

Anonymous said...

Odds on favorite for Florida Supreme Court Justice is our own Izzy Reyes.

Anonymous said...

There are two openings now: I wouldn't count out Judges Bob Scola, Kevin Emas, Dava Tunis, Joe Farina, Rob Pinero, Mark Leban, Stan Blake ( if they like his humor ), Reembert Diaz, Victoria Platzer, Jerald Bagley, Jennifer Baily.......

They all have a reputation for being smart, hard-working, following the law, and no shrinking violets.

Anonymous said...

the new surpreme court judges will probably be out of the st. pete area where crist use to work for his brother in law in representing state farm. the trialmaster took down the brother in law in a trial a few yrs ago.

Anonymous said...

Reyes in for some competition. We hear Sorondo's coming out of retirement......

Anonymous said...

Why would Ranck's e-mails signal a end for his SAO girlfriend?
Besides his statements concerning the need for an employment attorney in response to critique raises Lorna suggested issues not David issues.