June 2009 Archives

Jay, give me a break.  Four of the nine Justices of the Supreme Court yesterday reached the same conclusion that Judge Sonia Sotomayor did as a judge on the Second Circuit Court of Appeals.  The other five reached an alternative conclusion.  So, are you suggesting that Judge Sotomayor is out of the judicial mainstream?  Or are you suggesting that four sitting justices (technically, three because Justice Souter has retired) are out of the same mainstream?  Last week, Clarence Thomas was a lone dissenter in a case involving a strip search of a 14 year old woman at a high school.  Maybe he is out of the mainstream, too.  How many mainstreams are there? (The Alliance for Justice has done a new report on just how careful Judge Sotomayor is in civil rights cases.)

Yesterday's decision will play no significant role in the ultimate decision about Judge Sotomayor's elevation to the high court. She will be on the Supreme Court by the time oral arguments begin in October, and will likely be there for the special September rehearing in the case of the film/ad about Hillary Clinton which the Court also ordered yesterday.  No matter how much money the "Right" spends on ads and no matter how much nonsense Republican Senators spout about "original intent", "strict constructionism" and other code-words for "we don't like anybody Obama wants on the court", she will be approved by a clear Senate majority.
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Barry, today's Supreme Court decision in Ricci v. DeStefano is sure to be a hot topic at the upcoming hearings for Supreme Court nominee Sonia Sotomayor. The Court reversed a Second Circuit decision that was joined by Judge Sotomayor.

 

In Ricci, 17 white firefighters and one Hispanic firefighter filed suit against the City of New Haven, claiming that city officials had violated Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause when they failed to certify the results of two promotional exams, one for Lieutenant and one for Captain. The city claimed that it would be liable under Title VII for adopting a practice that had a disparate impact on minority firefighters if it certified the test results since no African-Americans would be eligible for promotion to the position of Captain or Lieutenant.

Of course, Jay, the treatment of religious and political dissidents in Iran is contrary to civilized standards of justice.  It is fine that President Obama has publicly rejected any "apology" for his condemnation of the government.  It is appropriate that Iranian diplomats have been "uninvited" to Fourth of July celebrations at US embassies around the world.  But now what?

I am always bemused by conservatives who howl in outrage but then never actually tell us what we should do. I trust you are not in favor of a pre-emptive strike against Iran.  So, then, what measures do you recommend, specifically?

It is a compelling scene - thousands in the streets of Iran - calling for freedom - fighting for free and fair elections.  And, Barry, what is most troubling - but not necessarily surprising - is the Iranian regime's reaction - the use of deadly violence to quell the protests and a flagrant disregard for international law and basic human rights.

 

President Obama condemned the violence in a news conference today and used his strongest language yet, saying the world is "appalled and outraged" by Iran's actions.

And, the House and Senate passed separate resolutions in support of the Iranian protesters.

 

Since the election last week, nearly 20 Iranians have been killed - including the murder of a young Iranian girl whose killing was captured on video and posted online. 

The Lynchburg News and Advance reported on Liberty University's announcement yesterday that it was changing its policy in regard to student political clubs.  From now on, no partisan clubs, even the Republican Club, will be given "official" status or receive any student funding.  This is a significant step in the right direction.

As I mentioned before, I felt strongly that the previous policy of granting the campus Republicans preferential treatment  was a sort of "in kind" contribution to one party that could jeopardize Liberty University's tax exempt status.  Americans United actually filed a formal complaint with the Internal Revenue Service suggesting a timely investigation.

I like Peeps, too.  Barry, the key issue is whether there is religious discrimination going on when it comes to the issue of the Easter Peeps. If the landlord is simply enforcing in an evenhanded manner a religion-neutral lease provision...

I have a certain endearing respect for Peeps, those marshmallow creations which used to be seen solely in the form of chickens and rabbits at Easter but now have a ubiquitous presence during every holiday period.  The creatures come from...

Barry, "sectarian" programming should not be excluded from public broadcasting at a time when matters of faith and religion are so much in the news and in the hearts and minds of viewers.   Local public broadcast programming is supposed...

A breathless nation awaited yesterday's decision by the PBS board about whether to actually require its member stations to adhere to a basic rule.  OK, maybe it wasn't exactly the whole country holding its breath, but a handful of people...

Barry, I certainly want law enforcement officials to have all the tools they need to go after those who use violence to make their point - whether they open fire at the Holocaust Museum in Washington, D.C. taking the life...

Jay, I'd like you to revisit a little blog-versation we had a few months back.  A Department of Homeland Security memo had suggested that it was important for law enforcement agents to concern themselves with domestic, not just foreign, terrorist...

Barry, we've discussed this before, but I wanted to bring you an update on our filing at the Supreme Court of the United States.  In the case of Salazar, Secretary of the Interior, et al., v. Buono, we have filed...

Barry, President Obama opened the door with a brief mention of religious freedom in his 55-minute speech to the Arab world. To his credit, he did bring up the importance of religious freedom, saying:  "Freedom of religion is central to...

As you know, Jay, I am not unsympathetic to the plight of the many of the people you represent around the world.  There are strong human rights arguments to be made in asylum cases in Europe--and frankly strong ones to...

Barry, I've just returned from Israel where we have opened an office in Jerusalem.  In addition to our work at the European Court of Human Rights in France, we are working out of Jerusalem on a number of cases involving...