JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Saturday, August 29, 2009

THREE BROTHERS, TOGETHER AGAIN.




The three brothers are together again.


Where once it never rained till after sundown,
By eight a.m. the morning fog had flown...
Don't let it be forgot
That once there was a spot
For one brief shining moment that was known
As Camelot.


UPDATE: Rumpole traveling. Talk amongst yourselves.

The Supreme Court announced yesterday a rare September re-argument in the "Hillary the Movie" case which was argued in March. The issue is whether the court should uphold a 1990 ruling upholding restrictions on corporate spending to support or oppose political candidates. At the original argument a government attorney answered a hypothetical that the government could criminalize the distribution of books by corporations advocating for a political candidate. The answer drew gasps in the courtroom and pure shock from Justice Alito.

23 comments:

Anonymous said...

The announcement of reargument wasn't issued yesterday, Rumpole. The Supreme Court entered an order on June 29th setting the date and time of the reargument.

Anonymous said...

There is a better than 50/50 chance that the supremes will do something they should have done years ago: declare government restrictions on political speech to be unconstitutional. It is hard to believe but it is illegal in the United States for the AFL/CIO to run a TV ad sixty days before an election that criticizes and mentions an elected official by name! The law (McCain-Feingold) is an explicit repudiation of the First Amendment. But thanks to Sandra Day O'Connor and four of her colleagues, this law is justified because Congress' interest in fighting the appearance of corruption is greater than the citizen's right to criticize elected officials. The logic of the opinion is laughable. McCain-Feingold might better be called the Incumbent Politician Protection Act. It was promoted by those politicians who have contempt for the pitchfork carrying peasants who care deeply about issues and try mightily to persuade others to agree with them. The law was opposed by both sides of very diverse groups: abortion groups, gun controllers and the NRA, labor unions and business, etc. In other words, the very groups who are affected by the actions of government. Hopefully, the court will finally put an end to government regulation of political speech. It will be interesting to see how Soutamayor comes out on this one.

Rumpole said...

I have to tell you that I see the Dolphins losing, and losing big at their opener in Atlanta against the Falcons. That's the way the numbers keep coming out. I tweaked my program from last year after making the requisite updates with new players, coaches, changes of schemes, etc. Where the program is weak is in cases where a team changes an entire defense, like the Packers going to a 3-4 from a 4-3. I have no idea right now how the Packer's defense will play this year and therefore I can't rank their division at the moment. Also, adding Favre appears to me to be a mistake by the Vikes.

Anonymous said...

Why stop at a loss in Week 1? My own looking glass says it's gonna be a long, sad year for the 'phins.

Anonymous said...

"bothers?"

Anonymous said...

Rump
The Gov't has no Right to regulate political speech. Lyes and slander are the American way.
D. Sisselman

Anonymous said...

Rump. Anyone lawyer who cares about the First Amendment should read your link and shudder at Fred Werthheimer's comment: "In an interview, Mr. Wertheimer seemed reluctant to answer questions about the government regulation of books. Pressed, Mr. Wertheimer finally said, “A campaign document in the form of a book can be banned.”" And this is the head of Common Cause. What a disgrace! And you wonder in your previous posts whether or not "it could happen here." Wake up! Free speech in this country is under assault. And this is not some partisan matter. You have the ACLU and the NRA on the same side of the issue.

Cheech and Chong said...

Ricky Williams is going to be completely SMOKIN' this season.

CAPTAIN JUSTICE said...

The looking glass on the Fins says, like last year, it is more likely than not that they will start out slow and finish strong.

Of course, as soon as they are 0-2 or 1-3, the fans will be calling for someone's head.

Remember, they finished by winning 9 out of 10 to win their division and make the playoffs last year.

Anonymous said...

carlos martinez is turd brain.

Anonymous said...

Who knew?

"The state's highest court, in 1971, struck down the law making same-sex relationships a felony; the law had declared them an ``abominable and detestable crime against nature.'' The Supreme Court did, however, let stand a statute that allowed gay people to be prosecuted for ``unnatural and lascivious'' conduct, a misdemeanor."

and who knew..

"In the 1960s, same-sex relationships were illegal in Florida. In 1967, for example, a Miami appeals court upheld a municipal ordinance that forbade gay people from working -- or even being served -- at bars or restaurants that served alcohol.

The law, the appeals court wrote, was rational in that it served ``to prevent the congregation at liquor establishments of persons likely to prey upon the public by attempting to recruit other persons for acts which have been declared illegal.'' "

Florida has some real issues in the history of gay rights.

Anonymous said...

I had thought when I saw the Kennedy photo the discussion would be punishment for a traffic fatality, or perhaps redemption after committing a crime. Kennedy left a party drunk then drove off a bridge killing his date then waited nine hours to notify the police. He plead and got an SES. Fl. Stat. 316.027(b) makes the same conduct a 1st degree Felony with a 2 year M.M. Kennedy makes it look like Stallworth got railroaded. Is a felony conviction a bar to service US senate? Should it be? Most find it hard or impossible to find any job after a felony conviction. What say you Rumpole? Of course Kennedy was not convicted. Special treatment for powerful people is another topic.

Rumpole said...

I think Ted Kennedy was a flawed man who sought redemption in part by devoting his life to the service of his country and his fellow man. Every brother he had died a violent death before the age of 50. He was uncle and surrogate father to 11 children besides his own. He was in a plane crash and broke his back and spent a large part of his life in pain. He also frank, cheated on his wife, and drove off a bridge and killed a young woman. I seriously doubt you could criticize him or hurt him more than he did to himself. When two (or more) evil men murdered two of his brothers
within 5 years he would have been within his rights to tell us to go to hell and live the rest of his life in privacy and privilege. He didn't and we are better for it. Much better. I did not agree with everything he did politically, but we need more people like him, and less like you.

Anonymous said...

8:41 we understand based upon your multiple posts you did not like Ted Kennedy. You are either the relative of someone killed in a DUI accident or are related to Mary Jo Kopechne. We get it. We really do. You are not going to convince those of us who acknowledge Kennedy's errors and flaws that he was not a great American. So take your agenda elsewhere.

Pacificus said...

Rumpole @ 8:14

AMEN

Anonymous said...

Compare Ted Kennedy with Bill Frist and Mel Martinez.

Being a Senator isn't always fun. Kennedy was rich and powerful; he had no need to be a senator. Frist and Martinez, especially, got to the Senate and realized it wasn't so much fun after awhile. (Kinda like Justice Cantero).

Anonymous said...

8:41 here- less people like me? I was not commenting on the contributions made by Senator Kennedy. He undeniably made the world a better place through his public service. I did not intend to speak ill of the dead.
Whether it was forty years ago or in March 2009, the appearance of impropriety in the way powerful people in treated bothers me.

I was not criticizing Kennedy- I was criticizing the Cape Cod police and courts- and to a lesser extent Miami State Attorney’s Office. I unlike you believe everyone regardless of station should be treated equitable and fairly in matters of criminal justice.
One could argue that the wealthy and powerful should know better and therefore should be punished more harshly. I however believe all people should be treated equitable.

BREAKING NEWS! said...

BREAKING NEWS!

The President of Colombia is in stable condition in Bogata with the deadly virus Swine Flu.

Which world leader is next? The CDC says half of the US population will get the swine flu and they expect over 90,000 deaths in American.

Anonymous said...

1:13, The President of Colombia lives in Bogotá and not Bogata.

Anonymous said...

From a post by Rumpole on Monday, August 24th:

Coming this week: CHAOS AT THE PDS OFFICE.

Now it is Monday, August 31st. No story at all on the PD's office. Not so good on keeping your promises, Rumpole. We expect better of you.

Anonymous said...

Hey 8:41, while you're at it, why don't you just fly up to Arlington National Cemetary, unzip your police pants, and piss on Ted Kennedy's grave. I am not exactly the biggest lover of the Kennedy family (for reasons probably different from yours), but can't understand why people like you are unable to let a dead body lay in peace for a week or so before you start spouting your venom. I'm quite sure America wasn't always like this (maybe we have the Kennedys to thank for the changes).

Anonymous said...

"Three brothers, together again." While the "three" were no doubt most famous, do not forget the oldest of the FOUR BROTHERS. Joseph P. Kennedy dropped out of law school to volunteer for service in WWII. After completing enough combat missions to return home, Joe volunteered for more! Joe was subsequently killed in line of duty. Joe's remains were never found, he was awarded the Navy Cross, and a Navy Destroyer was named after him.

Anonymous said...

The Kennedy family trajectory parallels that of America itself, form apex to abyss. i.e., from the fifties to now. We shall not see their like again.