October 2011

  • October 24, 2011

    by Nicole Flatow

    Republican candidates are making the courts a campaign issue, launching “biting and sustained attacks on the federal courts and the role they play in American life,” The New York Times reports in a front-page story today.

    "Any one of those proposals would significantly undercut the independence and authority of federal judges,” echoes a second article from The Associated Press.

    Proposals from candidates include eliminating those courts that politicians deem “radical,” barring courts from deciding cases on same-sex marriage, and bringing judges before Congress to explain their decisions, under threat of impeachment.

     “These threats go far beyond normal campaign season posturing,” Justice at Stake Executive Director Bert Brandenburg told The Times. “They sound populist, but the proposal is to make courts answer to politicians and interest groups.”

    What’s more, several of these proposals run counter to our constitutional system, such as imposing term limits on federal judges, and enabling Congress to overturn Supreme Court decisions by a two-thirds vote.

    "Debates like these could threaten to lead to a new cycle of attempts to politicize the courts,” Brandenburg tells The Associated Press.

  • October 24, 2011
    Humor

    By John Schachter

    Justice Antonin Scalia continues to dish out opinions on more than just constitutional law. The saucy Justice has once again waded into the controversial pizza wars with his recent opinion that Chicago-style deep-dish pizza “should not be called ‘pizza.’ It should be called ‘a tomato pie.’” The pizza originalist added, “Real pizza is Neapolitan. It is thin. It is chewy and crispy, OK?”

    In Scalia’s view, he’s just a “traditionalist” defending the ideas and ideals of pizza’s founding bakers. In a January interview with California Lawyer Scalia first held that New York pizza is “infinitely better” than Chicago deep dish or Washington, D.C. varieties.

    Scalia provided his latest slice of honesty last Tuesday at Chicago-Kent School of Law. Topping previous statements on the subject, Scalia did concede, “I do indeed like so-called ‘deep dish pizza.’ It’s very tasty.”

    In the January interview, Scalia also reiterated his belief that the 14th Amendment does not prohibit sex discrimination. Critics are, of course, accusing Scalia of going off half-baked. See what Tom the Dancing Bug had to say on the subjects.

    [picture credit Ruben Bolling]

  • October 21, 2011

    by Jeremy Leaming

    House Majority Leader Eric Cantor continued his assault on the nation’s less fortunate in a speech he prepared for delivery at the University of Pennsylvania’s business school.

    As reported by TPM’s Benjy Sarlin, Rep. Cantor cancelled his speech at the school because of “concerns protestors would dominate the audience.” Nonetheless, Cantor released his speech to The Daily Pennsylvanian, and TPM also provides a link to the text.

    Cantor, like some of the Republican presidential candidates, such as Herman Cain, essentially says people in American still have the ability to yank themselves up by the bootstraps and become, if not wildly wealthy like the nation’s top 1 percent, a member of the middle class. Instead of the tired bootstraps metaphor, Cantor employed a “ladder of success.”

    Cantor (pictured) claimed to believe that hard work, faith, family and opportunity “provides each of us with the prospects of unlimited potential in America. Each generation is able to get a little further ahead, climbing up the ladder of success in our society. How quickly you move up – or sometimes down – should be completely up to you.”

    That was not the only comment from Cantor’s prepared remarks divorced from reality. But before touching upon any other comments, let’s look at just how ridiculous Cantor’s claim is.

    Census study tells us that the gap between economic interests of the nation’s wealthy and those of everyone else is the widest since the 1920s. Moreover with each passing decade, fewer Americans are seeing their fortunes rise.

    “While the top 1 percent have seen their incomes rise 18 percent over the past decade, those in the middle have actually seen their incomes fall,” Columbia University Business School Professor Joseph E. Stiglitz wrote earlier this year. “For men with only high-school degrees, the decline has been precipitous – 12 percent in the last quarter-century alone. All the growth in recent decades – and more – has gone to those at the top. In terms of income equality, America lags behind any country in the old, ossified Europe that President George W. Bush used to deride.”

    The Census Bureau reported recently that the number of people in poverty is at its highest in more than 50 years.

  • October 21, 2011

    The Senate confirmed four nominees this week. On Monday, it confirmed Cathy Bissoon to the Western District of Pennsylvania by a vote of 82-3. On Wednesday, it confirmed the nominations of Robert Scola, Jr. to the federal district court in the Southern District of Florida and Mark Hornak to the federal district court in the Western District of Pennsylvania by unanimous consent. It also confirmed Robert Mariani to the federal district court in the Middle District of Pennsylvania by a vote of 82-17. Scola and Mariani will fill vacancies that the Administrative Ofice of the U.S. Courts had designated judicial emergencies.

    President Obama nominated Paul J. Watford, an appellate litigation partner at the law firm of Munger, Tolles & Olson LLP,to serve on the U.S. Court of Appeals for the Ninth Circuit.

    In his statement on the floor Wednesday, Sen. Patrick Leahy (D-Vt.) emphasized the slight improvement of the situation, noting that only “three of the 26 judicial nominations reported favorably by the Judiciary Committee” received action today. There are now 23 nominees pending on the Senate floor.

    The Senate Judiciary Committee held over the nominations of one judge to a circuit court and four judges to district courts. The committee also held a nomination hearing for Susie Morgan to be United States District Judge for the Eastern District of Louisiana.

    When the Senate returns from its recess a week from Monday, they are scheduled to vote upon the nomination of Stephen Higginson to be a judge for the U.S. Court of Appeals for the Fifth Circuit.

  • October 21, 2011
    Guest Post

    By Marco Simons, Legal Director for EarthRights International.


    This week, the Supreme Court agreed to hear a case about whether a corporation can be sued, on the same basis as a human being, for its complicity in gross human rights abuses such as crimes against humanity and torture. The case, Kiobel v . Royal Dutch Petroleum, arises out of a military crackdown on Ogoni communities in the Niger Delta in the mid-1990s, which Shell Oil allegedly abetted.

    Among these abuses were the execution of Dr. Barinem Kiobel, an Ogoni leader, alongside other Ogoni activists including renowned environmentalist Ken Saro-Wiwa. Shell allegedly bribed witnesses to give false testimony against the executed leaders.

    Kiobel arises under the Alien Tort Statute (ATS), a federal law that allows the federal courts to hear cases brought by foreigners for violations of international law, including international human rights law. Courts have repeatedly allowed ATS cases for abuses such as torture, extrajudicial killings, war crimes, crimes against humanity, slavery, and genocide.

    Until recently, no federal court had ever questioned that corporations have the same responsibilities under international law as human beings do.