Today is Cyber Monday.
And as opposed to Black Friday, Small Business Saturday, Something Sunday, that means exactly what?
Can you buy something today you couldn't yesterday or Saturday or Friday? Is it significantly cheaper?
Color us uninterested.
DOM and his federal blog is back, turkey eaten, late night pumpkin pie runs to the fridge over. And he is wondering about who will be our new US attorney as well as a comment on the applications for a whole mess of federal judge spots, and finally some Fourth Amendment analysis on cell phones.
Why all the fuss about cell phones and privacy? We're sure they're mentioned somewhere in the federalist papers for purposes of original intention analysis. Perhaps it was Federalist 14 where Madison was anonymously texting Jefferson.
There has got to be some middle ground between rigid originalism and the finding of a right to privacy in the "penumbra" of the Constitution as was done in Griswald v. Connecticut.
Finding a right in a penumbra is scary and the epitome of liberal-activism.
Not finding a solution to issues like cell phones and Instagram because they aren't in the original text is equally wrong.
Oh wait, check out the archives of Ben Franklin's Instagram. Never mind.
From Occupied America, where the worst of the Trump presidency is his reshaping the judiciary (he has nominated a 36 year old lawyer who never tried a case to the federal district court), fight the power.
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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, AND THE POPE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM