Archive for the Republican Federal Judge Syndrome Category

Bulk Collection Of Telephony Data. Again. (December 16, 2013)

Posted in Book Reference, Civil Rights/Civil Liberties, Constitution, Courts, Due Process, First Amendment, FISA, Journalism, Judicial Arrogance, Law, Newspapers, O'Bama, Politics, Press/Media, Privacy, Republican Federal Judge Syndrome on December 16, 2013 by e-commentary.org

. . .

L1        “You never know what a Monday will bring.  A federal judge ruled that the NSA’s bulk collection of Americans’ telephony records likely violates the Fourth Amendment to the U.S. Constitution.”

L2        “You did not hear the word ‘telephony’ in polite parlance two dozen years ago.  The courts must now address the interplay of law with technology far more sophisticated than a pair of soup cans and a string.”

L1        “Most federal judges were ‘Arts and Crafts’ majors in college who may understand Tennyson but really do not understand technology.  Listen to the techs who install IT systems in the state and federal courts.  Some of these judges are still looking for the rotary dial.”

L2        “The government’s reliance on a case from the prehistoric days of telephony – way back in 1979 – is proof positive that the issue must be addressed anew in light of the new technology today.”

L1        “They will need to refer more often to Newton’s Telecom Dictionary than to Black’s Law Dictionary.  That will be fun.”                  

. . .

L1        “Within a fortnight of the Democrats’ decision to require the Senate to ‘advise and consent’ and vote on O’Bama’s appointments to places such as the District of Columbia Circuit Court of Appeals, the decision will have consequences.  One or more of the new appointees could be assigned to the reviewing tribunal.  If there is en banc review of the three panel decision, there are now more Democrats than Republicans.”

L2        “But will the Democrats defer to their benefactor?  Is there another Republican appellate court judge who may be a fan of the Constitution rather than unchecked federal intrusion?  And we always have the five Supremes who will get to chime in.” 

L1        “Who just don’t get it.  They do not even want to admit that the NSA exists.”

. . .

L1        “Judge Leon (Bush II) overcame the always pernicious ‘Republican Federal Judge Syndrome’ that almost always plagues Republican appointees.  Yet the judge once again displays the occupational hazard of these imperial federal judges.  His opinion is snarky, arrogant, condescending, intemperate, and sloppy.  The screed deserves a B+ for intuiting basic truth, a C- for style and an F for arrogance.”

L2        “When you are going to be courageous, you must be flawless.”

L1        “There are more than a few good women and men who are concerned that collecting the metadata is constitutional and may prevent a great catastrophe.”

L2        “But in the final analysis, there is the Constitution.” 

. . .

[See the “e-ssays” titled USA PATRIOT ACT (April 4, 2005), Less Government Regulation Series: Google (Nov. 30, 2009), Boycott Facebook? (August 2, 2010), Brave 1984 Farm: The Best Of All Possible Worlds (March 19, 2012) and Hero or Traitor? (June 10, 2013) and I Spy, You Spy, They Spy (October 28, 2013).]

[See the “e-ssays” titled Judicial Activism: Rogue Republican Judges (January 28, 2013), The Paradox Of The Republican Federal Judge: Republican Federal Judge Syndrome (September 23, 2013) and Past Time: Exercising The “New Clear Option” (November 25, 2013).]

Bumper stickers of the week:

Free Edward Snowden

Pardon Edward Snowden

Bestow a Presidential Medal of Freedom on Edward Snowden

Quash the sub poena issued to James Risen

Free the Press

In a dozen plus years and without a debate or a vote, technology has deprived us of privacy.  With little debate and many hasty votes, Congress has deprived us of privacy at every opportunity.  We as a society should create a rebuttable presumption in favor of privacy even if it appears to sacrifice security.  Our personal insecurities are actually creating greater national insecurity. 

The Paradox Of The Republican Federal Judge: Republican Federal Judge Syndrome (September 23, 2013)

Posted in Courts, Judges, Law, Politics, Republican Federal Judge Syndrome on September 23, 2013 by e-commentary.org

. . .

L1        “They spend their Saturday nights dutifully licking and sealing envelopes containing missives condemning the government on behalf of the Republican Party, then get their coveted federal judgeship, and then spend their career granting every motion and request for relief filed by any government agency or large institution to the detriment of the public and/or an individual.”

L2        “The vexing ‘Paradox of the Republican Federal Judge.’  The Republican Federal Judge condemns the government to get there and represents the government once there.  Leaves you wondering if we could save money by appointing one person to be the U.S. Attorney General and the Federal Judge.”

L1        “In a dispute between an individual and the government, the Republican Federal Judge sides with the government.  In a dispute between an individual and the police, the Republican Federal Judge sides with the police.  In a dispute between an individual and an insurance company, the Republican Federal Judge sides with the insurance company.  In a dispute between an individual and a bank, the Republican Federal Judge sides with the bank.  In a dispute between an individual and a large corporation, the Republican Federal Judge sides with the large corporation.

L2        “I’ve seen that side in practice.”

. . .

L1        “He didn’t even sense the irony of his circumstance.  He supported and financed the Republican Senator who nominated the Republican Federal Judge appointed by the Republican President who could not wait for the Republican U.S. Attorney nominated by the Republican Senator and appointed by the Republican President to file a motion to deny relief to him and assess fees against him in his dispute with the gov-mint.”

L2        “Republican Federal Judge Syndrome.  So many of them are RFJS-Positive.  You can still blame it on the Democrats.”

. . .

[And then there are the exceptions.  http://www.nytimes.com/2013/07/23/us/judge-blocks-north-dakota-abortion-restrictions.html?_r=0 and http://www.nytimes.com/2005/12/21/education/21evolution.html?pagewanted=all.]

[See the “e-ssay titled “You’re fired. Sue me.” (August 13, 2012).]

Bumper sticker of the week:

The law serves the wealthy and well-connected.  At every opportunity.