With the election of Donald Trump to president and his promise to appoint a new justice in the mold of Justice Scalia it appears that not much will change on the Court in the near future.
On the dreary morning after, visitors to the Supreme Court still lined up on the plaza, members of the bar still gather by the statue of John Mashall, and the justices still took to the bench to hear arguments. The only thing remarkable, and it may mean nothing, was that Justice Ginsburg appeared to be wearing her “dissent jabot.” It’s a kind of collar, not exactly a traditional jabot, with rhinestones that the justice wears when announcing a dissent from the bench. Whether she wore it to make a subtle statement or it was just the first thing she grabbed out of her jabot closet, I don’t know. But I also noticed she wore no earrings, which, for a justice know for her sense of style, is not usual.
And so, for now, life goes on. Below are my sketches of the week’s arguments.
Monday was halloween so I had a little fun with the SCOTUSblog banner.
It was also the day Wonder, the goldendoodle service dog, visited the Court, though only outside.
I was hoping Wonder would be accompany his young charge, Ehlena Fry, into the building even though Wonder is officially retired. The Fry family was at the Supreme Court to hear arguments in Fry v. Napoleon Community Schools, a case originating from their battle with the school to allow Ehlena a service dog.
Below are sketches from the argument in Fry, as well as three other arguments heard this week: Star Athletica v. Varsity Brands, State Farm Fire and Casualty v. U.S. ex rel. Rigsby, and Venezuela v. Helmerich & Payne Int’l.
“You have someone here who presents himself as two different people,” said Magistrate Judge A. David Copperthite at a detention hearing in Baltimore for the purloiner of tons of NSA files.
The government painted a picture of a serial lawbreaker who knowingly removed boxes of documents and terabytes of electronic files from the NSA, and kept an arsenal of weapons in his home.
Martin’s lawyer, Federal Public Defender James Wyda, by contrast said his client is a hoarder with a drinking problem. “The mental health factor is the only explanation for this that makes sense.”
Harold T. Martin III has so far only been charged with theft and retention of classified material. Although the law only allows detention based on flight risk for such minor offenses the government still argued about the danger he posed to national security. Assistant U.S. Attorney Zachary A. Myers told the judge,“There’s no guarantee that he’s not storing other information somewhere else that he has not told us about.”
Additional charges under the Espionage Act are expected.
NYT story here.
Retired USMC General James E. Cartwright, once known as “Obama’s favorite general”, appeared on short notice in a DC courtroom Monday to plead guilty to lying to the FBI. “It was wrong for me to mislead the F.B.I. on Nov. 2, 2012, and I accept full responsibility for this,” General Cartwright told U.S. District judge J. Richard Leon. “I knew I was not the source of the story and I didn’t want to be blamed for the leak. My only goal in talking to the reporters was to protect American interests and lives; I love my country and continue to this day to do everything I can to defend it.”
An investigation into leaks about a joint US – Israeli “Operation Olympic Games” effort to sabotage Iran’s nuclear program through cyberattacks led the FBI to question General Cartwright. A book by New York Times reporter David Sanger, ‘Confront and Conceal’, brought public attention to the covert program and led to congressional investigation.
The Supreme Court heard arguments in two cases yesterday morning – a third argument was heard in the afternoon, but I didn’t sketch that one.
The first case, Samsung Electronics v. Apple, involves the design patents of Apple’s iPhone. Samsung, having lost in the lower courts, was ordered to pay Apple all the profits from smartphones that copied design elements of the iPhone, close to $400 million. Samsung naturally argues that such an outsized award is unfair considering their smartphones are more than just the package.
In the second case, Pena-Rodriguez v. Colorado, the justices were asked to make an exception to the rule that jurors cannot testify about deliberations. Here one of the jurors expressed a strong racial bias against the defendant and his alibi witness, both of whom are Hispanic.
Here are sketches from three of the five cases argued in the Supreme Court during this first week of the October 2016 term (wish I hadn’t skipped Tuesday’s bank fraud argument, Shaw v. U.S., and missed Justice Breyer’s Kardashian hypothetical ).
Tuesday’s collateral estoppel double-jeopardy case, Bravo-Fernandez v. U.S. :
Wednesday’s insider trading case, Salman v. U.S. :
. . . and the Texas racial bias in death penalty arguments in Buck v. Davis :
. . or the all catholic bench.
As the first day of Rosh Hashanah this year coincided with the first day of the Supreme Court’s new term no arguments were heard on Monday. Justices Ginsburg, Breyer and Kagan were absent, presumably in observance of the Jewish new year. That left the remaining five justices, all of whom are roman catholic. . . . L’shanah tovah !
A little late in posting this but here are sketches from last week’s sentencing hearing for Romanian email hacker Marcel Lehel Lazar, aka “Guccifer”.
Lazar displayed a fairly cocky attitude as judge James Cacheris sentenced him to 52 months for hacking into the email accounts of prominent Americans including former secretary of state Colin Powell and Hillary Clinton advisor Sidney Blumenthal. It was Lazar who first revealed that Clinton used a private email account while secretary of state, though the government denies that he ever gained hacked her account.
More about the sentencing here.
A DC Metro Transit police officer charged with providing material support to ISIS made a five minute appearance before a magistrate in Alexandria yesterday where he asked for a lawyer. Another hearing is scheduled for today at 2:00 p.m.
According to the complaint filed by the U.S. Attorney, Nicholas Young first came to their attention in 2010 when an acquaintance of his, Zachary Chesser, was arrested trying to board a flight to Uganda to join al-Shabab. The FBI watched Young for years, setting up meetings with undercover agents. One meeting, at a restaurant, included Amine el-Khalifi who was later charged with attempting to bomb the U.S. Capitol.
Agents finally moved in and arrested Young yesterday morning after he sent $245 worth of gift-card codes to what he thought was ISIS, but was in fact an FBI sting operation.
In the courtroom Young, with long hair and bearded, did not look like a typical transit police officer. He may have been undercover, though the blue striped slacks he wore appeared to be from a uniform. Of course, with U.S. Marshals (pictured on the right) sporting mohawks, who knows?
It’s been a strange Supreme Court term, like a meal that doesn’t satisfy. With only eight members on the bench after Justice Scalia’s death the odds were good that the last blockbuster opinion of the term would fall to a tie.
But, once again, Justice Kennedy was the fulcrum that allowed the Court to do some heavy lifting. In a 5-4 opinion authored by Justice Breyer in Whole Woman’s Health v. Hellerstedt the lie was exposed that Texas’ restrictive abortion clinic regulations were enacted to protect women’s health.
That left the dissenters arguing only on procedural grounds that Whole Woman’s Health had lost an earlier round and should never have got another bite of the apple.
Oh, and there was also the unanimous opinion in McDonnell v. United States. It’s perfectly okay now, through gifts and cash, to purchase access to politicians, even if it stinks.