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Monday, July 12, 2010

HATCH TO VOTE NO

UPDATE: We are sad to forward two obituaries:

The Boss is Dead: George M. Steinbrenner, NY Yankees owner and a larger than life New Yorker, has died today at the age of 80. The NY Times Obit is here:

And Harvey Pekar, with whom we have felt an intellectual and emotional kinship that spanned the decades, has died at 70. Mr. Pekar, a Veterans Administration File Clerk for almost forty years, chronicled his life as a "depressed, aggrieved everyman" in his comic book series American Splendor. There was an acclaimed movie about his life in 2003. The NY Times Obit is here.


Senator Orin Hatch has announced he will vote against the confirmation of Ms. Kagan to the Supreme Court.

But first a word about humor. When he's sober, our favourite federal blogger has, well, lets just say he's somewhat humor impaired. Spending all your free time reading the committee notes to the current amendments to the sentencing guidelines has that effect on a soul. However, he can reprint a funny blog post with the best of them, and he has done that with a blog post by a law student who writes about the 17 things he learned in law school. Check it out.


Senator Hatch laid out the case against confirming Kagan in an article he wrote for the National Review On Line. The title links to the article.

The Senator's article starts:
After studying Elena Kagan’s record, actively participating in her hearing, and listening to the views of folks in Utah and across the country, I do not believe that she meets the standards we should require of federal judges — especially Supreme Court justices.

The first important standard is experience. Ms. Kagan has never before served as a judge — and, in addition, has little legal experience of any kind. Over the Supreme Court
s long history, justices who were nominated without past judicial experience have had an average of 21 years of legal practice. Ms. Kagan has two. Her experience is instead academic and political.

Rumpole says: We're not sure we agree with the Senator, but we wish we could get those fonts and have that big "A" to start our paragraphs. It lends an air of sophistication to the blog.

The real issue is that Hatch is pandering to the right and trying to label Kagan an "activist judge":

Ms. Kagan served as a law clerk to Supreme Court justice Thurgood Marshall. In a tribute she wrote after his death, she described as a “thing of glory” his belief that the role of the courts and the purpose of constitutional interpretation is to “safeguard the interests of people who had no other champion.” In 2006, while dean of Harvard Law School, Ms. Kagan introduced Israeli Supreme Court justice Aharon Barak as “the judge or justice in my lifetime whom I think best represents and has best advanced . . . the rule of law.” Justice Barak is widely credited as perhaps the most activist jurist in the world; for him, as Judge Richard Posner has described it, “the judiciary is a law unto itself.”

Rumpole predicts- just wait until one of the five conservative justices retires and Obama has a chance to replace him. The Iraq war will seem like a kindergarten outing compared to how the right will react.


26 comments:

Anonymous said...

it ain't easy being funny when you "marked!

CAPTAIN said...

THE CAPTAIN REPORTS:

From the NYTimes.....Breaking News.....

George Steinbrenner, Yankees Owner, Has Died

George Steinbrenner, principal owner of the New York Yankees since 1973, has died in Tampa, Fla., at the age of 80, the team announced. During an often tumultuous reign, he placed his stamp on 7 World Series championship teams, 11 pennant winners and a sporting world powerhouse valued at perhaps
$1.6 billion. Mr. Steinbrenner had been in failing health for the past several years and had rarely appeared in public.

Anonymous said...

Do you see some anti semetism built into that Hatch statement?

CAPTAIN said...

(reprinted with permission from the Captain with added information).

THE CAPTAIN REPORTS:

So, you want to be a County Court Judge ......

The JNC has met and interviewed 14 candidates (from the original 21 applicants) to replace Judge Jose Fernandez' County Court seat.

The following names have been sent to Gov. Crist. One of them will likely be your next County Court Judge:

Tanya J. Brinkley (14 years)
Joseph I. Davis, Jr. (37 years)
Tamara Ilene Gray (21 years)
Charles Johnson (20 years)
Steven Lieberman (26 years)
Anita Margot Moss (13 years)
(membership in The Florida Bar)

If you would like to provide the Governor's office with the benefit of your experiences with any of these candidates, send a communication to the Governor's office by snail mail, email, phone call, fax, etc. to:

Governor’s Legal Affairs Office
The Governor’s Office,
The Capitol,
Tallahassee, Florida 32399-00;

FAX: (850) 488-9810 or (850) 922-0307.

If faxing, please include a means in addition to your fax number which may be used to contact you for further information. Anonymous correspondence is not taken into consideration.

Cap Out ....

Anonymous said...

not every implied criticism of things Jewish/Israeli is automatically anti-semitism unless, of course, the "chosen people" are above being criticized and do no wrong... you would certainly get that impression from a knee-jerk reaction like this one.

South Florida Lawyers said...

With you all the way with Pekar.

R. Crumb did some of his best work on Pekar's material.

Anonymous said...

10:18..........No, I don't believe that there is any anti-semitism behind Hatch's statement. His criticisms are valid (the fact that you or I may disagree with him doesn't make his comments unreasonable, let alone wrong).

BTDT

real fake former judge said...

Ok- enough with the pizza. Lets get down to real business. STRIP CLUBS- WHICH ARE THE BEST.

I'll start the discussion- #1 with no club in second place is TOOTSIES. The original was better, but the current one is not bad, especially if you can cut a deal and get a broad in the private room upstairs. Going rate is 75 for the club for the room and 2 bills for the babe for the hour.

Anonymous said...

Wow it always cost "my friends" closer to $150 for the room upstairs at Tootsies. I agree. Nothing even close, unless you go south to Costa Rica?

Anonymous said...

I'll take Michelle G. Paulson over Elena Kagan any time. At least, Michelle has six more years of experience than Kagan.

CAPTAIN said...

THE CAPTAIN REPORTS:

LATE BREAKING NEWS .....

So you want to be a Circuit Court Judge .....

Judge Margarita Esquiroz has announced her retirement from the Circuit Court bench. She was the first female Hispanic Judge in Florida. She was appointed to the bench in 1979 and won her only contested election to the Circuit Court bench in 1984 when she garnered 57% of the vote and beat Eli Breger and Joseph Nazzaro.

The JNC is accepting applications with a deadline of August 9, 2010.

Cap Out .....

Anonymous said...

Hey Captain,

I thought Judge Maria Korvick was the first Hispanic Judge in Dade County.

Anonymous said...

I don't like Elena Kagan at all. She's an I-know-what's-best-for-you kind of statist. And I don't like her smile, it's the same type of ultra-dangerous smile as Havana Cardinal Jaime Ortega's.

Anonymous said...

Tinkler Mendez has got to be the dumbest judge on the criminal bench right now. Could she add 2 and 2 correctly, even if allowed to use her fingers to count? It is torture to be in that courtroom.

Anonymous said...

tootsies is dade countys legal brothel

CAPTAIN said...

to 6:57 pm.

Good question. According to Korvick's bio, she became a County Court Judge in 1979. That is the same year as Esquiroz. But Esquiroz' bio says she was first.

Anonymous said...

To 10:18am, I think you knew very well that there was no anti-semitism in the Hatch statement. Many Israeli's have debated the merits of and criticized Justice Barak's rulings and have complained that he is an activist justice. These are debatable issues both as to legal philosophy and as to US constitutional issues that are not applicable in Israel's common law.
To 12:12PM, perhaps you are the same person as 10:18AM so you could answer the straw man question of anti-semitism with a truly veiled bigotry by suggesting that the "chosen people" think they are immune from criticism and can "do no wrong".

Anonymous said...

I dispute hwt was been said about Judeg Tinkler Mendez. I have appeared before her on multiple occasiosn and have tried a case toi ajury in her courtroom. I find her bright, aware, dilgent, and possessed of good judicial temperment

Anonymous said...

According to my connections in the morality squad with MDPD, the Pink Pony is the place to go. 50 for the bouncer to turn his head and 200 for the single mom just recently here from the Ukraine. And the recession has hit the strip clubs as well. It's definitely a buyer's market.

Or you can go to the second stall at UM and tap your foot three times. Worked for a former Dade County jurist, right?

Anonymous said...

To the Captain and 6:57 P.M.

Just 'cause she says it's so..don't make it so.

When they were appointed, whoever came first, the consensus fron the legal community was:
"Two morons...no waiting"

Anonymous said...

STFU about Tootsie's. You'll ruin it for us mongers.
FYI, the afternoon shift is the most, shall we say, accommodating.

Anonymous said...

12:12 said that not every criticism of Jews/Israel is anti-semitic, "unless, of course, the "chosen people" are above being criticized and do no wrong... you would certainly get that impression from a knee-jerk reaction like this one."

While I agree with the point that not every negative comment about Israel is anti-semitic, the notion that you can "get an impression" like that based on one ridiculous comment (like the one about Hatch) made anonymously on a blog clearly is.

It's a shame that in 2010 there's still so much hatred and ignorance. It never ceases to amaze me how many people will reach opinions on entire groups based on their contact with (or even reading/hearing about) a few members.

Very sad.

BTDT

Anonymous said...

To 11:01 pm re Judge Tinkler Mendez........

You either have a killer sense of humor, by misspelling tons of letters (oh the irony of a stupid judge being defended by someone who can't spell correctly) OR you yourself are just as dumb as she is.

Scott Saul said...

I'm a huge fan and avid collector of R. Crumb art and I agree that his collaboration on the "American Splendor" works is a highlight.

Harvey Pekor was not only one of the quirkiest charactors from the 1980's, but it also can be argued that he pioneered the concept of "reality celebrity".

Fake Alex Michaels said...

Vhatever streeep club you go to, make sure there are ROMANIAN girls zere. Zhey are the hottest!

Anonymous said...

on the first hispanic female judge issue: Esquiroz claims to be the first because she was initially a judge in the workers comp claims court. Korvick claims to be first because she was the first in the county/circuit court and doesn't recognize the workers comp court.