Elysian Fields

Let us go, you and I, when the evening is spread out agianst the sky. Oh, do not ask "what is it?" Let us go and make our visit...

Monday, October 31, 2005

WHAT – THE – HELL!!??

It is only 11:27 in the morning and I’ve gotten 6, that is, SIX phone calls on my cell phone from the same number. Not recognizing it, I didn’t pick up for the first three times, hoping that she or he will leave a message. But after the idiotic persistency of the caller, I begrudgingly picked up my phone the fourth time that number showed up on my phone.

“Hello?”
“Oh, I have the wrong number. Chris? Chris North?”

NO.

Do I #%^*ing sound like a Chris North to you? NO.
Did you not hear my outgoing message when you called THREE TIMES BEFORE when I clearly stated my name as Jean? Is Jean Chris? NO.
Do I SOUND like a man? NO.
And THEN, on top of all this, she called TWO MORE TIMES in a row to my cell phone - because as we all know, when you call enough times, the person on the other end changes their gender and name. Idiot.
Judge Watch

President Bush nominated Circuit Court Judge Samuel Alito today, here's a quick glance at his bio:

Born: 1950 in Trenton, New Jersey
Education: Princeton University, 1972; Yale Law School, 1975
Career: Judge on the Third Circuit U.S. Court of Appeals, nominated by former President Bush, 1990-present; U.S. attorney, 1987-1990; Deputy assistant U.S. attorney general, 1985-1987; Assistant to the U.S. solicitor general, 1981-1985; Assistant U.S. attorney, 1977-1981; Law clerk to the Third Circuit U.S. Court of Appeals, 1976-1977

Quick glance at some of his prior rulings:

Fraternal Order of Police v. City of Newark (1999): the 3rd Circuit ruled 3-0 that Muslim police officers in the city can keep their beards. The police had made exemption in its facial hair policy for medical reasons (a skin condition known as pseudo folliculitis barbae) but not for religious reasons. Alito wrote the opinion, saying, "We cannot accept the department's position that its differential treatment of medical exemptions and religious exemptions is premised on a good-faith belief that the former may be required by law while the latter are not."

Planned Parenthood v. Casey (1991): The 3rd Circuit struck down a Pennsylvania law that included a provision requiring women seeking abortions to notify their spouses.
"The Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems -- such as economic constraints, future plans, or the husbands' previously expressed opposition -- that may be obviated by discussion prior to the abortion," Alito wrote.
The Supreme Court, in a 6-3 ruling, struck down the spousal notification, but Chief Justice William Rehnquist quoted from Alito's opinion in his dissent.

Freedom of Speech, 2004: 3rd Circuit Court ruled that a Pennsylvania law prohibiting student newspapers from running ads for alcohol was unconstitutional. At issue was Act 199, an amendment to the Pennsylvania Liquor Code passed in 1996 that denied student newspapers advertising revenue from alcoholic beverages.
Alito said the law violated the First Amendment rights of the student newspaper, The Pitt News, from the University of Pittsburgh.
"If government were free to suppress disfavored speech by preventing potential speakers from being paid, there would not be much left of the First Amendment," Alito wrote.

ACLU v. Schundler (1999): He joined the majority opinion. At issue was a holiday display in Jersey City. The court held that the display didn't violate the establishment clause of the First Amendment because in addition to a creche and a menorah, it also had a Frosty the Snowman and a banner hailing diversity.

Fatin v. INS (1993): Alito joined the majority in ruling that an Iranian woman seeking asylum could establish eligibility based on citing that she would be persecuted for gender and belief in feminism.

In a May 2005 profile in the Newark Star-Ledger, Alito said, "Most of the labels people use to talk about judges, and the way judges decide (cases) aren't too descriptive. ... Judges should be judges. They shouldn't be legislators, they shouldn't be administrators."

Thursday, October 27, 2005

Potential Supreme Court Nominees

Came across a good run-down of potential nomiees on CNN, here's the list:

Judge Samuel Alito: Born 1950; Third Circuit U.S. Court of Appeals Nominated by former President Bush in 1990; Former U.S. attorney; some liberals have dubbed him "Scalito" or "Scalia lite" for his similarly conservative views and pointedly written rulings. Women's rights groups point to a Pennsylvania law he voted to uphold requiring women to tell their husbands before having an abortion. The Supreme Court struck down the law in 1992.

Alice Moore Batchelder: Born 1944; Sixth Circuit U.S. Court of AppealsNominated by former President Bush in 1991; Previously a federal district judge appointed by President Reagan. Batchelder was one of two appellate court judges to uphold Ohio's partial-birth abortion ban in 2003. She also strongly dissented from a ruling ordering a local judge to remove the Ten Commandments from his courtroom. Her husband, Bill Batchelder, a state judge and former state House member, headed Reagan's 1980 Ohio campaign.

Judge Consuelo Callahan: Born 1950; 9th Circuit U.S. Court of Appeals Appointed by President bush in 2003; Named to the bench by President Bush in 2003. She was a former prosecutor and judge in Stockton, California; later state appeals court judge.

Justice Raoul Cantero: Born 1960; Florida Supreme CourtNominated by Gov. Jeb Bush in 2002; First Hispanic to sit on this bench. Previously an appellate lawyer at Adorno & Yoss in Miami. Born in Madrid, Spain, to Cuban parents who fled the Communist regime. Former Fulbright scholar, has published several fiction short stories. Considered conservative, pro-business. Considers himself a devout Catholic.

Judge Edith Clement: Born 1948; 5th Circuit U.S. Court of Appeals Nominated by President bush in 2001. She had a relatively easy confirmation as appeals court judge in 2001. Nominated by former President Bush to the U.S. District Court where she later became chief judge. Former maritime lawyer. Staunch conservative along the lines of Edith Jones, although Clement's paper trail as an appeals judge is comparatively short. She supports a constitutional right to abortion, opposes the death penalty and is pro-business.

Justice Maura Corrigan: Born 1948; Michigan Supreme Court Elected to the court in 1998; Chief judge of Michigan's top court 2001-04. Former assistant county prosecutor in Detroit, assistant U.S. attorney, Michigan appeals court judge. She has support from the business community and her rulings generally have been pro-business, pro-law enforcement. Widow of well-known Wayne State law professor Joseph Grano. Daughter Megan Grano is a comedian with Second City in Chicago.

Judge Emilio Garza: Born 1947; Fifth Circuit U.S. Court of Appeals Nominated by former President Bush in 1991. Many court watchers believe Bush is likely to nominate a Hispanic as the next Supreme Court justice. If Attorney General Alberto Gonzales is not nominated, then Garza could be the pick. Garza is a solid conservative known to strongly oppose Roe v. Wade. A Texas native, he's a former marine captain, former district court judge and was in private practice in Texas for 11 years. He also was a finalist for the seat that went to Justice Clarence Thomas.
Underqualified?

Miers withdrew her nomination, but how did she stack up to other justices like Roberts? Here’s a quick glance:

John Glover Roberts, Jr.
Education
* Harvard Law School, J.D., 1979; magna cum laude (managing editor of The Harvard Law Review)
* Harvard College, A.B., 1976; summa cum laude (history major)
Career
* 1979-1980: Law clerk for Judge Henry Friendly
* 1980-1981: Law clerk for Supreme Court Justice William Rehnquist
* 1981-1982: Special assistant to U.S. attorney general
* 1982-1986: Associate counsel to the president, White House Counsel's Office
* 1986-1989, 1993-2003: Lawyer, Hogan & Hartson, in Washington
* 1989-1993: Principal deputy solicitor general, U.S. Department of Justice
* 2003-present: U.S. Court of Appeals for District of Columbia Circuit

Harriet Miers
Education:
* Bachelor of science degree in mathematics, 1967, Southern Methodist University, Dallas
* Law degree, 1970, Southern Methodist University School of Law
Career:
* White House counsel, February 2005-present;
* White House deputy chief of staff for policy, 2003-2004;
* White House staff secretary, 2001-2003;
* Texas Lottery Commission chairwoman, 1995-2000;
* Attorney in private practice, Locke Liddell & Sapp in Dallas, Texas, 1972-1999;
* Dallas City Council member, 1989-1991

Saturday, October 15, 2005

Quote of the Week

After being chased down by Condi Rice to answer reporter’s questions on Thursday, Andrea Kopple asked the President of Kazakhstan, Nursultan Nazarbayev one of the best questions I’ve heard from any reporter. That woman’s got guts!

QUESTION: Andrea Koppel with CNN. I have a question for both of you. Mr. President, one of your daughters controls the media. The other controls the main bank here. The opposition, the political opposition, is routinely harassed, arrested. What evidence is there that you are anything more than a dictator?
I’ve Never Loved Property Until Now... A federal trial court in Chicago has ruled recently that the legal doctrine of trespass to chattels applies to the interference caused to home computers by spyware. How cool is that??? I admire such legal ingenuity, kudos to Justice Robert W. Gettleman. For all y’all law students out there, the case name is: Sotelo v. DirectRevenue, LLC; and the citation: 384 F.Supp.2d 1219.

Tuesday, October 11, 2005

Mourning

I’ve heard that grief comes in stages,
But Grief is a funny thing.
Non-linear;
Bellows and howls,
Hits you in waves.
Voice in the crowd; face amongst strangers;
Bouts of disbelief.
Restless nights; disquiet in the silence.
Sorrow follows in drifts of sleep; unhappy dreams.
Sorrow follows in hours of waking; gloomy morning.

Tuesday, October 04, 2005

I Smell

Got this tremendous craving for a breakfast burrito this morning, and I promptly marched down the street to FFW, one of my favorite little cafes to purchase one. Excited and anxious, I got back into my office and started devouring the burrito. I don’t know how to describe it to you, it was like eating butter. The texture of the eggs melted in my mouth along with green chilies, tomatoes, smoky chipotle, bits of carnitas, and mild cheddar. I was so intoxicated by this perfect breakfast burrito that I didn’t pay attention to all the yummy juices dripping down onto my skirt. I have attempted to ameliorate the situation by wiping my skit with damp napkins, but that only made it worse. I now smell like a walking carnitas breakfast burrito, and I still have to go to class. I hope I don’t make the people around me hungry…