Court Determined Policy

And what about her remark a while back that “the court of appeals is where policy is made” (see clip here)? She makes an unconvincing little disclaimer after she says that by jokingly adding “I know this is on tape and I should never say that…I’m not promoting it and I’m not advocating it…”, but the rest of the tape makes it clear that she believes the law is something that “develops,” and that appeals court justices help that “development” along. - neo-neocon

It took a lecture on the Rule of Law for me to grasp the difference between a judge that develops the law an activist judge that changes the law. Our system is built on the basis of common law causing the Rule of Law to be soft and malleable. It shifts and changes and "develops" with each decision made by a court, whether it be a district or appellate court.

So is Judge Sotomayor wrong for believing that the law is something that develops? NO. That would be an outrageous claim if you think about it. It is an activist judge, that goes beyond developing the law to changing the law to fit their personal depiction of the way the law should be, ignoring the pretense of established law, the will of the people, that is the problem and endangers the Rule of Law.

While the Rule of Law changes with the progression of time, they must change as a reaction to the change of the people. It is improper to force a change in the Rule of Law in order to force a change in the people.

Open Thread

Interenet access is sparse at the moment, so no real post.

Has Obama officially named the self-proclaimed "Newyorkican" as Souter's replacement?

Generation Y is entitled, lazy, selfish, tech savvy, and incompetent.

-----
This remark by Scott Greenfield, author of Simple Justice and New York criminal defense attorney, appears to be the generalized feeling the Boomer Generation feels for the new Gen Y attorneys entering the workforce.

I have worked hard my entire life and continually struggle to do my best at all times, including at work and in my personal life. "Generation Y uses this term life-balance as an excuse for their incompetence." - Scott Greenfield. To have that shoved in my face, because I also desire to balance work with my family life is quite upsetting.

I definitely want to make a good deal of money, but I refuse to sell my family's happiness. Here is a good take on the issue.

Adding insult to injury, from the fingers of Mr. Greenfield himself, I am apparently also a dolt. (see comments)

Question of Preemption

-----
Obama appears to have made a surprising move to the benefit of Federalism. The question I have is "why?"

Does Obama have a healthy respect for state sovereignty? Or as the law blog suggests, is Obama simply bending to the will of trial attorneys? I'm not one to route for trial attorneys and their agenda, but I must also respect the fact that Obama has put some power back into the hands of the states, where a lot of it belongs.

Location of VP Bunker

-----
VP Biden continues his legacy as the gaffe machine.

The Warming Trend Has Slowed

-----
...to a reverse?

According to The Vancouver Sun, scientists are not collecting the data they expected.

"In fact, 'there has been a very slight cooling,' according to a U.S. National Public Radio (NPR) interview with Josh Willis at NASA's Jet Propulsion Laboratory, a scientist who keeps close watch on the Argo findings." -The Vancouver Sun.

Apparently, some scientists are now turning their backs on the data collectors, which include some very sophisticated machinery, specifically, the Argos. However, my concern lies not in their refusal to accept the data, but rather, the problem lies in their inability to learn from the data. Refusing to retool their hypothesis or their climate change models as new data comes in, the scientists deem it necessary to put a spin on the data.

"Just look how tenaciously some scientists are prepared to cling to the climate change dogma. "It may be that we are in a period of less rapid warming," Willis told NPR." - The Vancouver Sun

A Sad Sight

-----
Below is a video of an 80 year old Catholic priest, Father Norman Weslin, being arrested at Notre Dame for carrying a cross for the unborn. It is a sad day when a "Catholic University" turns its back on one of the principal beliefs of its own faith and has a Catholic priest arrested for peacefully voicing his protest.

Obama's Roast

-----
Sensitive Eyes/Ears Beware: Crude Language and Sexual References Ahead.

Looking for some jokes about Obama? Look no further than the comedic genius of the Rat Pack of Evil Roast.

The Barak Obama Celebrity Roast.

The Wall: Open Thread

-----
It appears that I have hit the wall. I can't seem to find anything that interests me enough to write about or discuss. And I just can't bring myself to write a right-wing political rant just for the hell of it. I'm just not that kind of blogger.

Any suggestions?

A Little Off Topic

-----
Ira Matetsky, a regular contributor to Wikipedia, has begun a series on The Volokh Conspiracy concerning different issues related to Wikipedia.

I am looking forward to reading his posts about the impact Wikipedia is having on the internet, in scholarly circles, and in the lives of living subjects. However, there is another aspect of Wikipedia that I find very enjoyable and useful.

Wikipedia is a great resource for Game Masters, Narrators, and Dungeon Masters.

No matter how much one enjoys a movie, a book series, or comics, they very rarely know everything there is to know about the "universe" at the center of each. This lack of knowledge sometimes impedes the creativity of a narrator when creating a story line for a game. For example, I am a fan of firefly and will be narrating a Serenity campaign soon, but sometimes I have a hard time remember how the firefly system is organized. One of the sites I can refer to when creating the proper role playing atmosphere is Wikipedia, because there is always someone out there that has enjoyed an universe, such as firefly, so much that they have researched, and at times created the information needed to understand the inner-workings of that universe.

I apologize for being so far off topic, but I just felt like sharing.

Sykes and Biden

-----
Well, I'm back and I have some time, but it appears to be a slow news day. Most everyone seems to be pretty focused on Wanda Sykes and her "performance" at the Correspondent's Dinner. Take a look for yourself:



All I have to say is, "What did you expect?"

Though I must say I did enjoy the jab at Biden's inability to control his mouth. Oh, that reminds me. Apparently President Obama is not perfect, and he is looking to Biden for guidance on his judicial nomination.

“The president is basically taking advantage of my experiences by asking me nuanced questions about both individuals and timing,” Biden said in an interview Friday. “We’ve gone through specific nominees, which we’re burrowing in on.” -Law Blog

God help us all.

Brilliant!

Notre Dame shames itself

"If we stand for nothing, we fall for everything."

Open Thread

Finally done with finals, but now it is time to just right back into work.

Disbarment for an Opinion?

-----
No time to discuss this in depth as I have my Civ Pro II death sentence in less than an hour and a half, but I wanted to voice my concern over the DOJ report in the works.

The report by the Office of Professional Responsibility, an internal ethics unit within the Justice Department, is also likely to ask state bar associations to consider possible disciplinary action, which could include reprimands or even disbarment, for some of the lawyers involved in writing the legal opinions, the officials said.

We are now going to consider disbarring attorneys for writing OPINIONS that the current political powerhouse dislikes? OLC attorneys are asked some of the most difficult questions, because the Supreme Court refuses to provide advisory opinions without an actual controversy. If I were a current DOJ attorney, I would be worrying about what the next round of DOJ attorneys will think of my opinions, and whether I will be risk of prosecution or disbarment, because they don't like what I wrote.

This is insanity.

Open Thread

Still Studying.

Open Thread

Studying for Finals. Don't expect to be able to post most of this week.

I'm not a prop!

Well said, Mr. McCarthy.

Unconscionable

----
Additional proof that sometimes lawyers do earn their reputation as sleazebags.

Justice Souter

-----
Justice Souter has decided it is time to retire and return to his farm house in New Hampshire. I hadn't known until today that Justice Souter was nominated by George H. Bush. (Seems like something I should have known).

Now knowing where his position as Justice of the Supreme Court originated, I will agree that Justice Souter has been quite the let down. He has regularly voted with the liberal/progessive side of the court and has been a part of some cases that will have lasting damage, including the Kelo decision and its ridiculous broadening of eminent domain and Casey which upheld most of Roe v. Wade.

Unfortunately, the short list of replacements is not only more of the same, but appears to be much more dangerous.