Monthly Archives: January 2014

“Don We Now Our Gay Apparel . . . “

. . said Justice Scalia as he delivered the opinion in Sandifer v. U.S. Steel, explaining the use in this case of the somewhat archaic terms “don” and “doff”, as in “a well bred gentleman still doffs his hat to a lady”.In this case the union had an agreement with U.S. Steel that “time spent in changing clothes at the beginning or end of each workday” would not be compensated. The petitioners argued that they weren’t changing clothes, but donning and doffing protective gear. The Court did not go as far as U.S. Steel wanted and say “everything that a person wears” is clothing, but everything else is “de minims non curate lex”*.

* Trans.: the law does not take account of trifles

There once was a lawyer named Rex
With minuscule organs of sex.
        Arraigned for exposure,
        He maintained with composure,
"De minimis non curat lex."

 

Posted in Opinions, Supreme Court Tagged with:

The McDonnell’s Day In Court

Former Virginia governor Robert McDonnell and his wife Maureen bowed their heads in prayer before entering the first of two courtrooms in U.S. District Court, Richmond.

Their first appearance was before Magistrate Judge David J. Novak, who ordered the couple to surrender their passports but set no bail.

The crowd then moved to a larger courtroom on the seventh floor where McDonnell and his wife were separately arraigned before Judge James R. Spencer.

WaPo story here.

Posted in Courtroom Tagged with: , ,

SCOTUS In The Cold

Even the turtles holding up the Bronze lamps on the Supreme Court plaza seemed to want to pull in their heads from today’s frigid temperatures.

Inside, the Justices heard arguments in two puzzling cases.The first, Paroline v. U.S., presented the Court with the problem of apportioning restitution to victims of child pornography. In this digital age, where the same image can be downloaded by many participants in the sexual exploitation of a child, to what extent is each viewer responsible for the humiliation and damage suffered?The lawyer for the victim, Utah law professor Paul Cassell, in this case insisted that each perpetrator should be responsible for the entire $3.4 million award. “You’re not claiming - or are you” asked Justice Kagan, “that she’s been victimized to the tune of $3.4 million as a result of this particular defendant’s offense?”

“He contributed to the entire amount,” said Cassell.

The second case, Abramski v. U.S., concerns the so-called “Straw Purchaser” law that is supposed to prevent sales to those not entitled to own firearms, such as convicted felons, by requiring gun dealers to have buyers fill out a form. The form asks, ”Are you the actual transferee/buyer of the firearm listed on this form?”Justice Breyer, pictured above on the left, known for often posing convoluted hypotheticals had an esoteric analysis of the term ‘Straw Purchaser’. “It comes from ‘straw bail’,” he told petitioner’s lawyer, RichardDietz, “where someone else put up the bail and it was called straw because the people who made a career of that used to wear straw in their shoes. Interesting.”

“He made that up,” Justice Scalia interjected.

Lyle Denniston’s analyses of the arguments are here, and here.

Posted in Arguments, Supreme Court Tagged with: , , , , ,

The 35 Foot Abortion Clinic Buffer Zone . . .

. . . and the considerably larger Supreme Court chamber.A challenge to the Massachusetts law creating a 35 foot buffer zone around the entrance to abortion clinics, McCullen v. Coakley, was argued before the Supreme Court today. The last time the Court visited this issue was in 2000 when it approve a protective “bubble” for anyone entering a clinic. Catholic University law professor Mark L. Rienzi, pictured above, argued for the 77 year-old grandmother, Eleanor McCullen, who has stood outside a Boston Planned Parenthood clinic a couple days a week for the past ten years, or so.

Justice Scalia repeatedly made the point that “it’s a counseling case . . . not a protest case”, and that 35 feet was too far to hold a conversation. Justice Kagan seemed to agree when she said to Assistant Attorney General Jennifer Miller, “. . it’s more than a few feet. You know, 35 feet is a ways. It’s from this bench to the end of the court.” At this several in the courtroom started to scratch their heads. According to the visitor’s guide the courtroom measures 82 by 91 feet.

Lyle has the story here.

 

 

Posted in Arguments, Supreme Court Tagged with: , ,

Today’s Sketches

No single big story at the Supreme Court today. That will come tomorrow when the Court hears the first abortion argument it has considered in several years regarding the buffer zone around clinics in Boston. So tune in tomorrow.

In the meantime here a today’s sketches of one opinion, delivered by Justice Ginsburg, and the two morning arguments (there was a third argument in the afternoon – unusual these days – but I didn’t attend).Justice Ginsburg announced the opinion of the Court that Daimler, the parent company of Mercedes-Benz, could not be sued in California under the Alien Tort Act for crimes committed by its Argentinian subsidiary during that country’s “Dirty War”. I covered the arguments here.

The first argument, Executive Benefits v. Arkinson, about whether the power granted bankruptcy judges violates Article III of the constitution went in one ear and out the other, so you’ll have to read about it here. Same thing with the next argument, Brandt Revocable Trust v. U.S., although I did catch that it might have something to do with “Rails to Trails” and the possibility that someone might ride a bicycle through your house. SCOTUSblog’s Lyle Denniston recaps the argument here.

Posted in Arguments, Opinions, Supreme Court Tagged with: , , ,

Recess Appointments Draws A Crowd (and so do I)

The Supreme Court chamber was packed today as lawyers argued, in NLRB v. Canning, the Constitution’s Article II clause on recess appointments. White House spokesman, Jay Carney, lately sporting a beard, sat on the same bench , though at different ends,as Senate Minority Leader Mitch McConnell.

At the conclusion of the arguments, as spectators and lawyers exited and the lawyer for the next case to be argued took his place at the lectern Chief Justice Roberts said, “We’re still here”.

Below are a few more sketches from the argument.

You can read about it here.

Posted in Arguments, Supreme Court Tagged with: ,

Chubby Jihad Jane

Colleen LaRose, aka Jihad Jane, appeared in a Philadelphia courtroom this morning to be sentenced for her part in a plot to murder Dutch artist Lars Vilks for his cartoon depicting the prophet Muhammad as a dog. She appears to have put on a few pounds during her four years of incarceration; she was considerably slighter when she plead guilty back in March 2010.

LaRose, who became involved with the muslim community over the internet and later converted to Islam apologized to Chief Judge Petrese B. Tucker.She told the judge, “I was in a trance and I couldn’t see anything else,” she said. “I don’t want to be in jihad no more.”

Reuters story here.

 

 

 

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