Category Archives: Courts

Judge Denny Chin Confirmed: Will Be Only Asian-American Judge Serving On US Court Of Appeals

Posted by: Audiegrl

Judge Denny Chin

In October 2009, President Obama nominated Judge Denny Chin for a seat on the United States Court of Appeals for the Second Circuit. Today the Senate voted 98-0 to confirm Judge Chin to fill an opening on a New York-based appeals court. He will be the only Asian-American currently serving on a U.S. Court of Appeals.

Judge Denny Chin was born in Kowloon, Hong Kong. His family moved to the United States when he was 2 years old. Judge Chin was raised in New York City, attending Stuyvesant High School, a New York public school specializing in math and science, before attending Princeton University. He graduated from Princeton magna cum laude in 1975 and from Fordham Law School in 1978 where he was the managing editor of the Fordham Law Review.

After graduation, Judge Chin clerked on the Southern District of New York for Judge Henry F. Werker. He then spent two years at the law firm of Davis Polk & Wardwell before becoming an Assistant United States Attorney for the Southern District of New York in 1982. When he left the U.S. Attorney’s office in 1986, Judge Chin started a law firm with two colleagues: Campbell, Patrick & Chin. Four years later, he joined the law firm of Vladeck, Waldman, Elias & Engelhard, P.C., where he specialized in labor and employment law.

In 1994, Judge Chin was nominated and confirmed to the U.S District Court for the Southern District of New York, where he currently serves. He is most famous for presiding over the Bernard Madoff case. He was the first Asian-American appointed as a U.S. District Court Judge outside of the Ninth Circuit.

Judge Chin has served as an Adjunct Professor at Fordham University School of Law teaching legal research and writing since 1986. He is currently the Treasurer for the National Asian Pacific American Bar Association Judicial Council, and he has served as the President of the Federal Bar Council Inn of Court and the President of the Asian American Bar Association of New York. He also currently serves on the Boards of Directors for the Fordham Law School Alumni Association and the Fordham Law School Law Review Association and as the Co-Chair for the Fordham Law School Minority Mentorship Program. Judge Chin is a member of the Federal Bar Council Public Service Committee, the National Asian Pacific American Bar Association, and the Asian American Legal Defense and Education Fund.

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Filed under Asian/Pacific Islander, Change, Courts, Law, Pres. Barack Obama

Obama Gets 2nd Supreme Court Nomination, Stevens Retiring

cross-posted from T-Time

Supreme Court Justice John Paul Stevens retiring

WASHINGTON (AP) – Supreme Court Justice John Paul Stevens, the court’s oldest member and leader of its liberal bloc, is retiring. President Barack Obama now has his second high court opening to fill. Stevens said Friday he will step down when the court finishes its work for the summer in late June or early July. He said he hopes his successor is confirmed “well in advance of the commencement of the court’s next term.”

Stevens’ announcement leaves ample time for the White House to settle on a successor and for Senate Democrats, who control a 59-vote majority, to hold confirmation hearings and a vote before the court’s next term begins in October. Republicans have not ruled out attempts to delay confirmation.

Stevens’ announcement, which came 11 days before his 90th birthday, had been hinted at for months. It’s presumed Obama will nominate another liberal, so Stevens’ departure wouldn’t alter the court’s philosophical makeup.

Obama promises quick court replacement for Stevens

AP Photo

WASHINGTON (AP) – The retirement of John Paul Stevens, the Supreme Court’s leading liberal but a justice who also could find conservative allies, will set off an election-year political battle over President Barack Obama’s second high court pick. Stevens said Friday he will step down when the court finishes its work for the summer in late June or early July. He said he hopes his successor will be confirmed “well in advance of the commencement of the court’s next term.” Obama hailed Stevens as an “impartial guardian of the law” and promised to move quickly to nominate a replacement.

more:  Potential Supreme Court Nominees: White House Prepared for Stevens Retirement

Biography of:  Justice John Paul Stevens

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Bush busted– Wiretapped Americans illegally

cross-posted from T-Time

“The president, just like any other citizen of the United States, is bound by the law.”

Federal Judge Finds NSA Wiretapping Program Illegal

WASHINGTON — A federal judge on Wednesday ruled that the National Security Agency’s warrantless surveillance program was illegal, rejecting the Obama administration’s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W. Bush. In a 45-page opinion, Judge Vaughn R. Walker ruled that the government had violated a 1978 federal statute requiring court approval for domestic surveillance when it intercepted phone calls of Al Haramain, a now-defunct Islamic charity in Oregon, and of two lawyers who were representing it in 2004. Declaring that the plaintiffs had been “subjected to unlawful surveillance,” the judge said that the government was liable to pay them damages.

The ruling delivered a blow to the Bush administration’s claims that its warrantless surveillance program, which Mr. Bush secretly authorized shortly after the terrorist attacks of Sept. 11, 2001, was lawful. Under the program, the National Security Agency monitored Americans’ e-mail messages and phone calls without court approval, even though the Foreign Intelligence Surveillance Act, or FISA, required warrants.

more:  NY Times

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Georgia Attorney General Faces Impeachment Threat

Posted by: Bluedog89

Georgia Attorney General refuses to sign a multi-state lawsuit blocking the new health care bill. Now Georgia lawmakers are calling for his impeachment. (AP Photo/Ric Feld)

HP~Georgia lawmakers reacted to Wednesday’s news that their Attorney General, Democrat Thurbert Baker, would not sign on to a multi-state lawsuit to block the health care bill in his state by filing papers to have him impeached.

The blog Peach Pundit reports that the resolution to impeach Baker, also a candidate for Georgia governor, now has at least 30 signatures and is still going forward.

Georgia Gov. Sonny Perdue, a Republican, petitioned Baker to sign on to the joint lawsuit filed by more than a dozen attorneys general across the country earlier this week that seeks to shield states from the effects of the new health bill, including the so-called “individual mandate,” which forces most people to buy insurance.

“I cannot justify a decision to initiate expensive and time-consuming litigation that I believe has no legal merit,” Baker wrote in a two-page response to Gov. Perdue. “In short, this litigation is likely to fail and will consume significant amounts of taxpayers’ hard-earned money in the process.”

On Thursday Gov. Perdue said he would appoint a “special attorney general” to sign on to the lawsuit challenging the health care bill since Baker would not do it himself, according to the Atlanta Journal Constitution.

Perdue made the announcement a day after state Attorney General Thurbert Baker, a Democrat running for governor, told Perdue, a Republican, he would not pursue a lawsuit.

Though the impeachment process appears to be in motion, some see it as a futile distraction that will not succeed because the threshold for impeachment is so high. It requires a vote of one-half of the State House and two-thirds of the State Senate.

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Filed under Barack Obama, Courts, Democrats, Georgia, Governors, Health, Health Care Reform, Law, News, Politics, Pres. Barack Obama, Republicans, States, Supreme Court, United States

States To Sue Over Health Care Bill

Posted by: Bluedog89

CNN~Several states plan to file a federal lawsuit challenging the constitutionality of the new health care reform bill, Florida’s attorney general announced this week.

Bill McCollum, the Republican attorney general up for reelection under fellow Republican Gov. Charlie Crist, told a news conference that the lawsuit would be filed once President Obama signs the health care bill into law. He said he’ll be joined by his counterparts in Alabama, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.

All of the attorneys general in the states mentioned by McCollum are Republican, but McCollum said the lawsuit would be about the law and not politics.

On Monday, Virginia’s Republican attorney general said his state would file a lawsuit challenging the health care bill. It was unclear if Virginia would join the other states or proceed on its own.

The U.S. House of Representatives passed the bill on Sunday night, and President Obama signed it into law on Tuesday.

McCollum said the lawsuit would challenge the bill’s provision requiring people to purchase health insurance, along with provisions that will force state government to spend more on health care services.

“This is a tax or a penalty on just living, and that’s unconstitutional,” he said of the mandate to purchase health coverage. “There’s no provision in the Constitution of the United States giving Congress the power to do that.”

McCollum also said that portions of the bill would force states to spend money they don’t have, which he called a violation of the 10th Amendment to the Constitution.*

“There’s no way we can do what’s required in this bill and still provide for education, for foster care, for the incarceration of prisoners, all the other things that are in this bill,” he said.

McCollum said he expected the lawsuit to eventually reach the U.S. Supreme Court.

Later Monday, White House Press Secretary Robert Gibbs said the Obama administration expected to win any lawsuits filed against the health care bill.

*The Tenth Amendment of the United States Constitution, which is part of the Bill of Rights, restates the Constitution’s principle of federalism by providing that powers not granted to the national government nor prohibited to the states by the constitution of the United States are reserved to the states or the people. However, there are clauses in which the federal government have intervened on behalf of the states.

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Filed under Barack Obama, Charlie Crist R-FL, Congress, Courts, Democrats, Florida, Health Care Reform, Law, Pennsylvania, Politics, Republicans, Senate, South Carolina, Supreme Court, Texas, United States, Virginia, Washington

First Lady Michelle Obama Takes Mentee’s to Visit Supreme Court Justices

Posted by: Audiegrl

First Lady Michelle Obama listens as Justices Ruth Bader Ginsburg and Sonia Sotomayor talk with a group of young women, during a mentoring event at the U.S. Supreme Court in Washington, D.C., March 17, 2010. (Official White House Photo by Samantha Appleton)

Looking for more stories on the First Lady? Check out our brand new section: FLOTUS: All Things Michelle Obama

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Filed under Courts, First Lady Michelle Obama, Justice Sonya Sotomayer, Students, Supreme Court, Uncategorized, Young Women

Justice’s Wife Launches Tea Party Group

Posted by: Bluedog89

Supreme Court Justice Clarence Thomas with wife Virginia.

Story by Kathleen Hennessey of the Los Angeles Times

As Virginia Thomas tells it in her soft-spoken, Midwestern cadence, the story of her involvement in the “tea party” movement is the tale of an average citizen in action.

“I am an ordinary citizen from Omaha, Neb., who just may have the chance to preserve liberty along with you and other people like you,” she said at a recent panel discussion with tea party leaders in Washington. Thomas went on to count herself among those energized into action by President Obama’s “hard-left agenda.”

But Thomas is no ordinary activist.

She is the wife of Supreme Court Justice Clarence Thomas, and she has launched a tea-party-linked group that could test the traditional notions of political impartiality for the court.

In January, Virginia Thomas created Liberty Central Inc., a nonprofit lobbying group whose website will organize activism around a set of conservative “core principles,” she said.

The group plans to issue score cards for Congress members and be involved in the November election, although Thomas would not specify how. She said it would accept donations from various sources — including corporations — as allowed under campaign finance rules recently loosened by the Supreme Court.

Read the entire story at the Los Angeles Times.

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Filed under Courts, Government, Justice Clarence Thomas, Law, Partisan Politics, Political Organizations, Politics, Supreme Court, Tea Party Protestors