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Ginsburg talks about television and the high court
U.S. Legal News | 2010/08/30 11:14

Supreme Court Justice Ruth Bader Ginsburg says television has profoundly changed confirmation hearings but declined to say whether she'd oppose televising arguments.

Ginsburg told a Colorado judicial conference Friday that TV has made Supreme Court confirmation hearings much longer because senators posture for cameras.

"The people on the Senate Judiciary Committee have all that free time" to stump for the audience, Ginsburg said.

Ginsburg demurred, however, on the question of televising arguments before the high court. She talked about former justices who opposed cameras.

Without naming anyone currently on the court, Ginsburg said, "When you're sitting on a collegial bench, if there is any of you who would be extremely discomforted ... you would defer to that colleague."

Ginsburg talked to several hundred judges gathered for a judicial conference of the U.S. 10th Circuit Court. The justice delivered a speech written by her recently deceased husband, Martin Ginsburg. Martin Ginsburg, a prominent lawyer in his own right, was originally scheduled to address the gathering and prepared the remarks before his death from cancer in June.

After reading the speech, she Ginsburg joined the chief jurist of Canada's Supreme Court, Beverly McLachlin, in a question-and-answer session.



Ruling overturning Prop 8 shaped for higher courts?
U.S. Legal News | 2010/08/23 15:43

When U.S. District Judge Vaughn Walker struck down California's Proposition 8—the 2008 ballot initiative to outlaw gay marriage—he said the motivation for the majority of voters was clear.

"The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples," Walker wrote in his sweeping, 136-page decision announced August 4 in San Francisco. "These interests do not provide a rational basis for supporting Proposition 8."

In Walker's reasoning, religion amounts to a "private moral view," which should not infringe upon the constitutional rights of others. While some legal scholars say Walker's decision lands on firm legal ground—a law must advance a secular purpose to pass constitutional muster—some religious leaders accuse the judge of trying to scrub faith from the public square.

On August 5, Prop 8's supporters filed an appeal of Walker's decision. Jim Campbell, an attorney with the Alliance Defense Fund, a conservative Christian law firm involved in the litigation, said the religious freedom argument will play an important role as the case moves up the federal judicial ladder—including, potentially, the U.S. Supreme Court.



Calif. Supreme Court OKs Schwarzenegger furloughs
U.S. Legal News | 2010/08/19 14:10

The California Supreme Court says furloughs of state workers can resume while it reviews whether governors have the authority to mandate unpaid days off.

The announcement Wednesday was a victory for Gov. Arnold Schwarzenegger, who has sought to save the state money by imposing another round of furloughs.

Schwarzenegger spokesman Aaron McLear says furloughs for about 150,000 state workers will begin Friday.

The Republican governor recently ordered workers to be furloughed three days a month, following a previous round that ended in June. McLear says the furloughs are estimated to save the state $150 million a month.



Founding member of terrorist group pleads guilty
U.S. Legal News | 2010/07/30 12:12

A founding member of a terrorist group has pleaded guilty in the kidnapping of 16 people, including four Americans, at a Philippine resort 15 years ago.

During an appearance in federal court Wednesday, Madhatta Haipe admitted that he and several armed members of the Abu Sayyaf (AH'-boo SEYE'-yahf) Group kidnapped the vacationers for ransom.

Haipe was extradited from the Philippines to the U.S., and at his sentencing Dec. 14 he will face up to life in prison on each of four counts of hostage taking.

Abu Sayyaf is suspected of having received funds and training from al-Qaida and is on a U.S. list of terrorist organizations.

Its bombings, ransom kidnappings and beheadings of hostages have made it the Philippines' most brutal rebel group.



GOP Sen. Snowe to support Kagan for Supreme Court
U.S. Legal News | 2010/07/29 12:41

Republican Sen. Olympia Snowe says she plans to vote to confirm Elena Kagan as a Supreme Court justice.

The Maine lawmaker's announcement makes her the fourth Republican to break with her party to back President Barack Obama's high court nominee.

In a statement, Snowe says Kagan has met her standards for a justice with her strong intellect, respect for the rule of law and understanding of the Supreme Court's important but limited role.

She also says endorsements from conservative lawyers show that Kagan has a reputation for a sound judicial temperament.

Democrats have more than enough votes to confirm Kagan in a vote expected next week. Most Republicans oppose her, arguing she would bring a liberal bias to the bench.



Pa. senator, sister to be tried on ethics charges
U.S. Legal News | 2010/07/22 08:39
A western Pennsylvania lawmaker and one of her sisters will stand trial on charges they used the state senator's taxpayer-funded staff for campaign work for herself and another sister, a state Supreme Court justice, a judge ruled Wednesday.

State Sen. Jane Orie and her sister, Janine, were charged in April with using Jane Orie's legislative staff to conduct campaign business. Janine Orie was an aide to their sister Joan Orie Melvin while she was on the Superior Court and during the judge's two previous runs for the Supreme Court. Janine Orie is on paid suspension from that job.

After three days of testimony from former staffers, Allegheny County Judge Donna Jo McDaniel heard brief closing arguments and immediately ruled that the sisters were to stand trial on all charges.

Attorneys for both women said they were not surprised at the judge's decision but said they were confident of their chances at trial.

Jane Orie's attorney, William Costopoulous, called the evidence put forth by prosecutors as "trivial." He acknowledged staff members performed campaign work, but said they did so at their own volition or on compensatory time.



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