Daily Kos ranks the Democratic Contenders this week. And he's added Gary Hart to his "watch list."

Kos is also looking for contributors to his new collaborative blog, Political State Report. You can read about it here. It is scheduled to go live after the new year. He needs conservative or libertarian writers from pretty much every state except Texas. I need left-leaning writers from AL, AR, AZ, AR, DE, GA, HI, IA, KS, KY, LA, ME, MA, MI, MN, MS, MT, NE, NV, NJ, NM, NY, ND, OK, RI, SC, SD, VT, WA, WI, and WY.

Cursor is back from hiatus, and we are glad. It's a great source of progressive news written blog-style. It's also got a very readable format.

Nan Aron, President of Alliance for Justice, guest blogs for Eric Alterman today at Altercation on judicial nominations and the fate of the courts. Lots of information and we agree with her views. Here's a piece of Nan's column.

" At the end of the congressional session, all nominations are returned to the White House. We anticipate the president will make known his nominations for the next Congress early in the new year. With the Republicans at the helm in the Senate, it is likely that the process will be accelerated. But the standards for evaluating judicial nominees must remain high — no matter which party controls the process.

In light of the election results, there has been some speculation that the president will renominate those already defeated by the Committee. This would be an insult to the institution of the Senate, which has already performed its constitutional duty. The president has insisted he wants to work in a bipartisan fashion for the good of the country. The morning after the election, President Bush continued to reinforce his “uniter” message by saying, “I’ve talked to leaders of both parties and assured them I want to work with them.” We take him at his word; however, we will most certainly watch his deeds. To force the Senate to reconsider these nominees after it has done its work would be an ultimate politicization of the process.

The Alliance for Justice will continue to fight for cherished rights on behalf of the American people who do not want judges who favor big business against the interests of consumers and workers, who will restrict reproductive freedom, and who seek to roll back progress made in the areas of civil rights and environmental protection."

Nan also recommends Independent Judiciary.com

UNITED STATES V. BEAN (01-704)
Web-accessible at: http://supct.law.cornell.edu/supct/html/01-704.ZS.html

Argued October 16, 2002 -- Decided December 10, 2002
Opinion author: Thomas

===============================================

Because of respondent's felony conviction, he was prohibited by 18 U.S.C. sect. 922(g)(1) from possessing, distributing, or receiving firearms or ammunition. Relying on sect. 925©, he applied to the Bureau of Alcohol, Tobacco, and Firearms (ATF) for relief from his firearms disabilities. ATF returned the application unprocessed, explaining that its annual appropriations law forbade it from expending any funds to investigate or act upon such applications. Invoking sect. 925©'s judicial review provision, he filed suit, asking the District Court to conduct its own inquiry into his fitness to possess a gun and to issue a judicial order granting relief. The court granted the requested relief, and the Fifth Circuit affirmed.

Held: The absence of an actual denial by ATF of a felon's petition precludes judicial review under sect. 925©. The Secretary of the Treasury is authorized to grant relief from a firearms disability if certain preconditions are met, and an
applicant may seek federal-court review if the Secretary denies his application. Ibid. Since 1992, however, the appropriations bar has prevented ATF, to which the Secretary has delegated this authority, from using appropriated funds to investigate or act upon the applications. Section 925©'s text and the procedure it lays out for seeking relief make clear that an actual decision by ATF on an application is a prerequisite for judicial review, and that mere inaction by ATF does not invest a district court with independent jurisdiction.

Grammatically, the phrase "denied by the Secretary" references the Secretary's decision on whether an applicant "will not be likely to act in a manner dangerous to public safety," and whether "the granting of the relief would not be contrary to the public interest." Such determination can hardly be
construed as anything but a decision actually denying the application. Under sect. 925©'s procedure for those seeking relief, the Secretary, i.e., ATF, has broad authority to grant or deny relief, even when the statutory prerequisites are satisfied. This procedure shows that judicial review cannot occur without a dispositive decision by ATF.

First, in the absence of a statutorily defined standard of review for action under sect.925©, the Administrative Procedure Act (APA) supplies the applicable standard. 5 U.S.C. sect. 701(a), 706(2)(A). The APA's "arbitrary and capricious" test, by its nature, contemplates review of some action by another entity.

Second, both parts of sect. 925©'s standard for granting relief--whether an applicant is "likely to act in a manner dangerous to public safety" and whether the relief is in the "public interest"--are policy-based determinations and, hence,
point to ATF as the primary decisionmaker. Third, sect.925© allows the admission of additional evidence in district court proceedings only in exceptional circumstances. Congressional assignment of such a circumscribed role to a district court shows that the statute contemplates that a court's
determination will heavily rely on the record and the ATF's decision. Indeed, the very use in sect. 925© of the word "review" to describe a court's responsibility in this statutory scheme signifies that it cannot grant relief on its own, absent an antecedent actual denial by ATF. Pp. 2-7.

253 F.3d 234, reversed.

Thomas, J., delivered the opinion for a unanimous Court.

Here is what it means.

Comments, anyone?

Through a comment posted here by Skippy, we learn that 8 protesters were arrested December 4 at Colorado Senator Wayne Allards's office in Englewood Colorado. Here's the report, verbatim (scroll down to last entry):

Wednesday, 4th December, 2002: Englewood, CO: Eight Activists Opposed to War Arrested at Senator Allard’s Office

Eight nonviolent anti-war activists were arrested at Senator Wayne Allard’s office in Englewood, CO Wednesday evening. They went to his office to insist that the Senator hold a public forum with his constituents and respond to their concerns regarding the possibility of further military action in Iraq. The protestors, some affiliated with the Rocky Mountain Peace and Justice Center in Boulder, CO, began the peaceful sit-in at 10 a.m. on Wednesday, December 04, 2002, pledging to remain in the office until the Senator agreed to attend the forum. The Senator’s staff agreed to hold a "regular 60 minute-long Town Meeting", but not one exclusively dedicated to the looming war against Iraq.

Vowing to stay until the Senator agreed to a meeting exclusively dedicated to the topic of the war, the activists issued this statement to the Senator’s staff:

"We are disappointed that Senator Allard has decided not to hold a one hour forum with his constituents on the urgent issue of war with Iraq. This minimizes the issue, and all the Coloradoans who are disturbed by the immoral actions being taken by our government. We are committed to staying here until Senator Allard agrees to a one-hour Town Meeting dedicated to this crucial issue."

Refusing to change their position, Senator Allard’s staff had the activists arrested and taken to Arapaho County Jail for booking. "We feel that Senator Allard ignored the will of the people whom he represents when he voted to give President Bush the permission to preemptively start another war with Iraq," noted Andrew Tirman, a spokesperson for the group. The affinity group, named "Collateral Damage", is opposed to an increased military involvement in Iraq for many reasons, "We are here because we feel that the human and economic costs of Bush’s proposed war are much too great. We refuse to accept the Bush administration’s excuse of ‘regime change’ to cover for the
American imperialist quest for hegemony over the world’s oil fields," Tirman said.

For more information contact: Carolyn Bninski, Rocky Mountain Peace and Justice Center, (303) 444-6981 bninski@qwest.net

Bad news. Judge Jed Rakoff of the Southern District of NY has been reversed on his decision declaring the death penalty unconsitutional.

From an email we received:

"USA v. Quinones, 02-1403(L), 02-1405

"2d Circuit panel unanimously rules: We hold that (1) we have jurisdiction to entertain this appeal, (2) the constitutional challenge was ripe for consideration prior to trial, (3) to the extent the defendants claim relies upon the Eighth Amendment, it is foreclosed by the Supreme Court's decision in Gregg v. Georgia, 428 U.S. 153 (1976),and (4) the Federal Death Penalty Act does not violate the Due Process Clause of the Fifth Amendment. "

The full text is likely available on Findlaw.

The New York Times has this article on the case.

A big thanks to Jeanne D'Arc of Body and Soul and Lisa English of Ruminate This for their praise today. What a way to start the day!

Robert Prather of Neolibertarian News Portal defends the writ of Habeas Corpus today. Thanks, Robert!

The New York Times reports on the Administration's new tools for domestic spying...and qualms about them:

"From New York City to Seattle, police officials are looking to do away with rules that block them from spying on people and groups without evidence that a crime has been committed. They say these rules, forced on them in the 1970's and 80's to halt abuses, now prevent them from infiltrating mosques and other settings where terrorists might plot. "

"At the same time, federal and local police agencies are looking for systematic, high-tech ways to root out terrorists before they strike. In a sense, the scuba dragnet was cumbersome, old-fashioned police work, albeit on a vast scale. Now officials are hatching elaborate plans for dumping gigabytes of delicate information into big computers, where it would be blended with public records and stirred with sophisticated software. "

"In recent days, federal law enforcement officials have spoken ambitiously and often about their plans to remake the F.B.I. as a domestic counterterrorism agency. But the spy story has been unfolding, quietly and sometimes haltingly, for more than a year now, since the attacks on the World Trade Center and the Pentagon. "

"Some people in law enforcement remain unconvinced that all these new tools are needed, and some experts are skeptical that high-tech data mining will bring much of value to light."

"Still, civil libertarians increasingly worry about how law enforcement might wield its new powers. They say the nation is putting at risk the very thing it is fighting for: the personal freedoms and rights embodied in the Constitution. Moreover, they say, authorities with powerful technology will inevitably blunder, as became evident in October when an audit revealed that the Navy had lost nearly two dozen computers authorized to process classified information."

There's much, much more. Go over and read the whole thing.

Via Politics in the Zeros, the story of Chesa Boudin, son of former members of the 60's Weather Underground who are now in prison. Chesa, himself an activist, particularly on the issue of children of the imprisoned, has just been named a Rhodes Scholar from Yale.

"Since his parents' arrests, Boudin has become part of the family of two other former Weathermen, Bill Ayers, now an education professor at the University of Illinois in Chicago, and Bernadine Dohrn, director of the Legal Clinic's Children and Family Justice Center at Northwestern University. "

"Boudin often is invited to speak at conferences, to prison officials and other groups as an advocate for children whose parents are imprisoned. He also is member of Yale Coalition for Peace, helping organize protests against military action in Iraq. He hopes to pursue a career fighting for human rights and social justice issues in developing countries in Latin America."

What a great story and affirmation that we can influence and inspire our children--it really resonated with us. We don't talk about "TalkLeft, Jr." much here as we don't want to interfere with his privacy, but we don't think he'd mind us mentioning that he is interning this year, his senior year at N.Y.U., at the Cardozo Law School Innocence Project, run by Barry Scheck and Peter Neufeld, and is in the process of applying to law schools. In high school, he worked for McVeigh's lead attorney Stephen Jones. According to him, it was then he decided the values of the defense side were not just the values of his mother, but his own.

Three months after the McVeigh trial ended, we were asked to write an article for an internet publication, Women of Colorado, and we were given our choice of topics. We chose the death of Princess Diana, which had happened a month earlier. We had been home watching tv the night of her fatal car accident, and when it was confirmed that Princess Diana was dead, it shook us pretty badly--even though we hadn't really been Diana admirers up to that point. We opened the laptop and began writing to try to sort our our feelings, and it was this piece that we chose for publication in Women of Colorado. We called it "Diana, Queen of Hearts," and while it began with our reflection on her contributions to those less fortunate, it ended up being about the contributions the rest of us could make. It began:

"The Princess of Wales died this evening."

"Mostly I remember her contributions and her humanitarianism. She went to Bosnia and Angola to protest land mines. She was photographed shaking hands with an AiIDS patient. She visited sick children around the world. Even after her divorce from Prince Charles, she continued her contributions - to the Red Cross and other charities, particularly those dedicated to helping the sick and the young."

"Outpourings of shock and sympathy were received tonight from heads of state the world over - particularly for her young children. Young and vibrant, the Princess clearly made her mark on the world. She was adored in Great Britain - and she will be eulogized for many years to come. I heard a newscaster say tonight that Princess Diana often said she wanted to be remembered as the "Queen of People’s Hearts." I have no doubt she will be. Will the rest of us be so fortunate?

..."I wonder what made so young a woman realize the gratification she would feel from making contributions to others instead of just being on the receiving end? This is the lesson I hope her untimely passing bestows upon the rest of us."

After some paragraphs discussing our feelings about the contributions that criminal defense lawyers make to society, we talked about bringing our 16 year old son on board as a member of the McVeigh Defense team:

" Every day after school from 3:00 to 5:00, he worked at Stephen Jones's office. I paid him myself, so it did not cost the public any money. He was a clerk, a gofer, a xeroxer, a discovery organizer. He helped with exhibits. He filed pleadings with the Court. He occasionally attended court sessions . He became part of the community of 30 people from Oklahoma, Texas and elsewhere who took a hiatus from their lives to preserve and protect our legal system, by ensuring as best they could that a defendant charged with the largest act of domestic terrorism in the nation's history would receive a fair trial. "

"The result: First, he and I had the closest year we ever had. We fully shared in and discussed the case. More importantly, we came to new levels of understanding of each other, as individuals, not just as mother and son. We related to each other as people - I finally learned to stop treating him like a child and began listening to his opinions. In return, he not only listened to mine, but sought them out, on a variety of topics important to teenagers, not just those related to the case."

"Second, and what I am so supremely proud of, are the values he learned and embraced by working inside our criminal justice system. He is proud of his contribution. He is proud of me. He has become deeply committed to the notion that everyone charged with a crime deserves the best defense possible, regardless of her ability to pay. He has learned that only when the trial is fair, can society trust in the integrity of the jury's verdict. "

"My son has learned compassion. He believes in his heart of hearts that the presumption of innocence lies at the very core of our criminal justice system, and that it must be preserved at all costs. He knows that while there are flaws, America has the best criminal justice system in the world. I believe he will bring these values and lessons with him, to college and beyond."

"I have learned the value of contributions to my own sense of personal well-being, as well as to those persons who directly benefit from them. If I could grant a wish for all of us, especially tonight as I find myself profoundly saddened by the loss of Princess Diana, it would be to be like her - to live our private lives as we wish, but to figure out how we can contribute to those less fortunate among us and then do it, so that we not only help others, but also enrich ourselves and teach our children in the process."

We have to believe that Chesa Boudin's parents are as proud of him as we are of our child--in the end, there is no greater contribution any of us can make as parents than to send our children out into the world to find their own way, and watch as they choose a career of public service, or one dedicated to improving the plight of those less fortunate, be it in medicine, law, politics, education, or any other field. Even law enforcement.

We hope we get to meet Chesa one day.

P.S. Happy Birthday Nic, 22 today.

100 Celebrities signed a letter opposing war with Iraq.

"More than 100 celebrities, including Kim Basinger, Matt Damon, Ethan Hawke, Samuel L. Jackson and Jessica Lange, have urged President Bush to avoid a war with Iraq in a letter that will be made public on Tuesday. The letter, also signed by a retired admiral and a former U.S. envoy to Iraq, will be made public at a press conference hosted by former "MASH" star Mike Farrell, who is co-founder of a new group called "Artists United To Win Without War."

The Supreme Court Monday refused to hear a case involving providing appointed counsel to death row inmates.

"The Supreme Court refused Monday to consider giving poor death row inmates more free legal help. The court had been asked to force the government to pick up the tab for inmates' legal bills during clemency proceedings and some last-minute appeals. Defense attorneys argued that a 1998 federal law requires death row inmates' lawyers to continue representing them through "every" stage of appeals."

"Congress made clear that people sentenced to death should not be abandoned by their lawyer as an execution date nears," University of California, Berkeley, law professor Charles Weisselberg told the court, on behalf of lawyers in a fees dispute. "Clemency is a critical part of our criminal justice system, and is particularly vital when the state seeks to take a human life."

"Many death row inmates are poorly education, retarded, or mentally ill, wholly unable to marshal the materials necessary to file their own clemency applications. They will be executed without clemency review," Weisselberg wrote in court papers."

The Bush Administration, through Solicitor General Ted Olson, opposed the funding.

The cases are In RE: Gary A. Taylor and William S. Harris, 01-1605, and In RE: Philip Alan Wischkaemper and Gary A. Taylor, 01-1623.