Supreme Court Justice Ruth Bader Ginsberg spoke out today on the potential replacement for retiring Justice Sandra Day O'Connor. She said:

• She'd like to see a woman nominated but not any woman would do. She said it's important for the nominee to respect human and women's rights.
• She has a list of suitable women nominees, but President Bush hasn't asked her opinion
• With respect to Judge John Roberts' expression of doubt on consulting foreign law, she defended the practice and said,

"I will take enlightenment wherever I can get it," she said. "I don't want to stop at a national boundary."...When reminded that Roberts has indicated he disagrees with the practice of referring to foreign laws, Ginsburg said it appeared he "is a man who does listen and is willing to learn."

by TChris

David Safavian barely had time to resign from his White House position before he was arrested. This article asks how many other "leading figures in the Republican hierarchy that dominates Washington" are threatened by their association (nefarious or otherwise) with Jack Abramoff.

House Majority Leader Tom DeLay, who once called Abramoff "one of my closest and dearest friends," already figures prominently in the investigation of the lobbyist's links to Republicans. The probe may singe other lawmakers with ties to Abramoff, such as Republican Senator Conrad Burns of Montana, as well as [Ohio Rep. Robert] Ney.

Other names mentioned: Republican strategists Grover Norquist and Ralph Reed.

by TChris

This would be funny if it weren't true. Joel Achenbach calls attention to a Republican proposal to find the money that will be needed to help Hurricane Katrina victims: audit the tax returns of poor people to make sure they qualify for the earned income tax credit. Why doesn't the GOP want to audit the rich, or close the myriad loopholes that allow corporations and the nation's wealthiest citizens to avoid tax liability?

by TChris

Where is the bold action the president promised to help the poor who were displaced from their gulf coast homes?

[A] measure to make all the evacuees Medicaid-eligible for the next five months (with an option for the president to extend the time) is pending before the Senate in a bill sponsored by the leaders of both parties and the chairman and ranking Democrat on the Finance Committee.

But it appears that the Bush administration, rather than backing this simple and effective measure, is insisting on a slower, more cumbersome approach, requiring each state to negotiate its own waiver from the rules limiting eligibility for Medicaid benefits.

As David Broder observes, "when the president is saying all the right things about the problems of poverty highlighted by the plight of Hurricane Katrina victims, his administration is dragging its feet on practical steps to help meet their needs."

Here's an open thread on Hurricane Rita. Right now, it's headed either to Houston or New Orleans, according to the tv news. Mostly, the news stations are killing time, waiting for the main event, which may not happen until late Friday or Saturday. Since I have to get back to court, here's a place for you all to discuss it.

by TChris

The Senate Judiciary Committee, as expected, voted to send the nomination of Judge John Roberts for Chief Justice to the full Senate with a recommendation for confirmation. His confirmation vote will be held next week.

All Committee Republicans voted in Roberts' favor. Also voting for Roberts were Senators Leahy, Kohl, and (surprisingly) Feingold. Keep in mind, however, that Feingold voted to confirm John Ashcroft as Attorney General on the theory that the president's nominations are entitled to deference.

Senator Herb Kohl of Wisconsin, said he had been persuaded because of the nominee's "sterling reputation as a lawyer and a judge" and was therefore voting with "my hopes, not my fears." Senator Russell D. Feingold, a Democrat also from Wisconsin, said he was voting yes because he considered the nominee "a lawyer's lawyer," not an ideologue.

Let's hope he's right. The Democrats voting against Roberts were Senators Feinstein, Kennedy, Biden, Schumer, and Durbin.

by TChris

It shouldn't take another study to tell us what has been obvious for years: black on white crime is more likely to be punished by death than is white on black crime. Another study nonetheless concludes that the race of the victim is a significant factor in the imposition of the death penalty.

The murder of a white person, especially in nonurban counties, is far more likely to result in a California death sentence than urban crimes against minorities, according to a new study. Death penalty opponents say this new evidence that race and geography dictate how the state metes out capital punishment proves the system is skewed and must be halted at least until it is fixed.

The study will be presented to the California Commission on the Fair Administration of Justice, which was formed last year "to study causes and prevalence of wrongful convictions and wrongful executions in California, and to find ways to improve the system's fairness and accuracy."

by TChris

When Martha Stewart sold some stock before its price fell, suspicions of insider trading led to an investigation that led to a criminal conviction (although not of insider trading). What will happen to Bill Frist, who sold his stock in HCA, the hospital company that his family founded, just before its shares began to plummet in value?

Sen. Frist says he sold the stock to avoid the appearance of a conflict of interest as the Senate considers health care legislation. Funny that he never troubled to disinvest himself of that conflict before. Could Frist have dumped the stock because he had inside knowledge of an upcoming announcement of poor second-quarter earnings that would cause its value to decline? Will federal investigators come knocking on his door, as they did with Martha?

by TChris

David Glazier explains why new rules for the military commissions that try suspected terrorists held at Guantanamo -- rules that are supposed to assure the fairness and accuracy of the commissions' decision-making process -- fail to achieve their goal. One of the glaring problems: trial procedures that permit a defendant to be convicted on the basis of "secret evidence" that the defendant is never entitled to see. Is someone in the Bush administration a fan of Kafka?

Glazier's recommendation:

by TChris

William Mullins-Johnson of Sault Ste. Marie, Ontario, spent 12 years in prison for raping and strangling his 4 year old niece. No forensic evidence connected him to the crime. His conviction rested on the testimony of a pathologist, Dr. Charles Smith, whose testimony in 40 cases of "suspicious" child deaths is now under review.

Two experts, including Ontario's chief pathologist, now say [the niece] was never sexually abused or strangled. They argue she in fact died of natural causes, possibly from choking on her own vomit caused by a chronic stomach ailment.

by TChris

The Legal Information Institute at Cornell has started producing its always-helpful previews of cases that will be soon be argued before the Supreme Court. This is the preview of a case scheduled for argument on October 5 that raises fascinating questions (once again) about the federal government's power to trump state law.

Oregon's Death With Dignity Act permits a doctor to prescribe a lethal dose of a drug to a patient who is both terminally ill and competent to make a rational decision to commit suicide. In 1997, the DEA, relying on a federal law that requires doctors to prescribe medications only for a legitimate medical purpose, decided that it had the authority to arrest physicians who dispense drugs to assist suicide (a purpose DEA deems illegitimate).

Janet Reno declined to prosecute Oregon doctors who acted in accordance with state law, but John Ashcroft quickly changed course when he became Attorney General. He issued the Ashcroft Directive, concluding that "assisting suicide is not a legitimate medical purpose."

Breaking news...a Jet Blue flight en route from Burbank to JFK with 144 people on board has a landing gear failure and will try and touch down shortly at LAX with its landing wheels sideways.

Think good thoughts...

Update: the cable news stations are carrying the landing live. There are over 100 emergency personnel on the ground. It's trying to dump more fuel so it can make the emergency landing - maybe in five to ten minutes.

Update: It's coming in for a landing. Front wheels are smoking, it landed fine, no fire, it's fine. Good work by the crew - wow. That was unbelievable. Everyone's safe.