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     The weather this cold Monday was NEGATIVE 5 in Manchester NH, and the trains weren’t running into NYC because of the cold. Here are a few of the highlights of this Monday:

          **    The Appeals Court in Illinois has ruled that Rahm Emmanuel is NOT QUALIFIED to be on the ballot for Chicago Mayor due to residency issues…. Early voting starts next week for the February 22nd election.

          **   Even as Florida’s newly elected Gov. Rick Scott was in South Florida at the funeral service for two slain officers, gunned down serving a warrant, two more police officers, doing the same thing, were gunned down in St. Petersburg, FL.

          **   A gunman opened fire in a Detroit police precinct last night, injuring at least four officers.

          **  Pro-life groups braved the cold weather in Washington DC today to mark the 38th anniversary of Roe v. Wade, having the March for Life on the National Mall.

          **  Jared Loughner, the accused Tucson tragedy gunman, appeared in court and pled not guilty to charges against him.

          **  Supreme Court Justice Sam Alito will definitely NOT be attending the State of the Union address tomorrow night. Justice Clarence Thomas has routinely refrained from attending the event, and there is rumor that Chief Justice John Roberts will not attend either.

Any others:

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(Politico)In another statement of the new House Republican majority’s commitment to the Constitution, aides to incoming Speaker John Boehner plan to take their oath of office Tuesday morning — a day before the same oath is administered to the 435 House members of the new Congress.

At Boehner’s request, Chief Justice John Roberts will preside over the staff ceremony, which may be a first in congressional history. Aides in Boehner’s Washington and district offices are expected to take the oath in the Capitol in a private, low-key event with no press coverage, a Boehner aide said.

“As Boehner said on election night, this isn’t a time for celebration; it’s a time for focus, commitment, and tough choices. The challenges that lie ahead for our nation demand a serious approach,” the Boehner aide told POLITICO. “Having the highest judicial officer in the country administer the oath underscores our commitment to listen to the American people and honor the Constitution.”

In a sense, the ceremony will be symbolic. House aides already commit to supporting the Constitution when they sign their employment forms. But the formal event will be another measure that Boehner takes seriously his new responsibility.

The staff ceremony will be part of a series of steps to emphasize the House GOP’s commitment to the Constitution—including the scheduled reading of the document on the House floor Thursday, and a requirement that members cite their constitutional authority with each bill that they file. Many new GOP members won in November with strong support from tea party groups, which have emphasized first principles.

For article: http://weaselzippers.us/2011/01/04/chief-justice-roberts-to-privately-swear-in-boehner-aides-to-uphold-the-constitution/

      Although she has already participated in the campaign film case a few weeks ago, today was Day 1 for the new Associate Justice “from the Bronx”. The sessions are behind closed doors, but the beginning of the Supreme Court career of Justice Sonia Sotomayor will be watched very closely.

A flag waves next to the U.S. Supreme Court on May 1, 2009 in Washington, DC. According to reports, Justice David H. Souter has told the White House that he will retire from the Supreme Court after 18 years, when his current term ends in June.

       The other Justice being watched closely if 89 year old Justice John Paul Stevens. Justices typically have 3-4 law clerks, but Justice Stevens has only hired one for this term. This has given to speculation that once the Court is in full session, and Justice Sotomayor is settled in, Justice Stevens will announce his retirement. Retired Justices have 1 law clerk as a part of their retirement package.

       Since Justice Stevens and Justice Ginsberg have both ruled or leaned toward the liberal side, their replacement by Barack Obama may not have a bold change on the Court initially, but they will undoubtedly be forces to contend with as the conservative side of the Court might change, depending on whether Obama is able to pull a rabbit trick, and win a second term.

     There may never have been a question that Judge Sonia Sotomayor would be confirmed as the Associate Justice to the United States Supreme Court, as the replacement for retiring Justice David Souter. But the White House had been emphatic from the start that her confirmation vote must be a better vote than the Senate vote for the confirmation of Chief Justice John Roberts, which was 78-22.

     Despite her “wise Latina” comment, which was stated in numerous speeches, yet downplayed as a “one time” occurrence, no Democrat wanted to challenge the President.  The vote was  68   for her confirmation, and 31  opposed. It is important to remember that the junior Senator from Illinois voted AGAINST the confirmation of Chief Justice John Roberts, an action that has been brought up when the Dems commented that the Republicans should fall into line behind the President.

     Justice Sotomayor, touted as the first Hispanic justice on the Court (although Justice Cardozo’s Portuguese heritage actually qualifies him to be labelled as the first Hispanic), is the third woman appointed to the bench.

     The wise Latina woman appeared on Capitol Hill, and Sen. Leahy began the “dog and pony” show that is being choreographed for the benefit of the American public. But if this process is to be truly sincere, truly honest to the Constitution, then Sen. Lindsey Graham’s statement that “elections have consequences” is false. The young Sen. from Illinois, now the President, didn’t see it that way when he voted against the nomination of Chief Justice John Roberts, not on his record or his qualifications, but because he did not think that Roberts would have the empathy that would be needed to affect social justice.

        From “America’s Right”:

                Voting against the confirmation of Sonia Sotomayor will take a wealth of political courage. Giving Sotomayor a rough time with regard to the plethora of reasons why she should not sit on the United States Supreme Court will take even more.

It would be relatively easy for a senator to explain to his or her constituents that he or she look forward to a day when they could vote in favor of confirming a nominee who is both Hispanic and qualified. Explaining why they relentlessly pointed out overt, repeated acts of racism and judicial activism on her part—not to mention the several occasions where her decisions, rooted in a stark dearth of intelligence, were overturned by the Supreme Court—would be slightly more difficult.
 

Here are my questions for the Hon. Sonia Sotomayor:

  1. Is a Hispanic female party more or less likely to bring a bona fide grievance before the Court than a white male party?
  2. If you were in my shoes, and Chief Justice John Roberts were to have said, on several occasions, that he has been able to come to a better decision because of his life experiences and his being a white male judge than, say, a Hispanic or black or Native American female judge could, how fit would you consider him to be objectively adjudicating matters where the legal and constitutional issue, rather than the parties, are of the utmost importance?
  3. Most of your decisions which have reached the Court at which you aspire to sit have been overturned or otherwise scrutinized for your failure to properly interpret the law. With no court to review the Supreme Court, should the American people be confident you’ll get it right?

For the full list and article: http://www.americasright.com/2009/07/law-and-wise-latina.html

     Using his speech to Planned Parenthood in 2007, a list of possible nominees for the seat that is rumored to becoming vacant on the Supreme Court, the Obama base and the Conservatives are already squaring off for what will undoubtedly be a “Battle Royal” if Justice David Souter does retire at the end of this term.

“We need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges,” he told a Planned Parenthood conference in 2007.

The list includes:

Judge Sonia Sotomayor, who sits on the federal appeals court in New York, demonstrates many of the political qualifications that might be sought in any selection. In addition to whatever legal and judicial skills Judge Sotomayor offers, she is a template for several of the characteristics that Mr. Obama might seek: a woman of Hispanic heritage, at age 54 she would be able to sit on the court for many years and brings an appealing personal story. Judge Sotomayor grew up in a public housing project in the Bronx and went on to Princeton and the Yale Law School before becoming a federal trial judge and then an appeals court judge.

–Elena Kagan, 49, formerly dean of Harvard Law School. She served as deputy domestic policy adviser in President Clinton’s White House. Clinton nominated her to the D.C. Circuit in 1999 but she never got a hearing. Considered liberal, but perhaps not as liberal as others. Made a point to reach out to conservatives while at Harvard.

Kathleen Sullivan, 53, a professor and former dean at Stanford Law School. A Constitutional law expert, she has argued several cases before the Supreme Court and formerly taught at Harvard Law. Considered a liberal.

Harold Koh, 54, dean of Yale Law School. He is currently Obama’s nominee to be the chief legal adviser at the State Department, but his nomination has encountered heavy opposition from Republicans. Also considered a liberal pick.

Cass Sunstein, 54, an Obama friend from the University of Chicago Law School and Obama’s nominee to run the White House Office of Information and Regulatory Affairs. He once clerked for Supreme Court Justice Thurgood Marshall. Considered a moderate.

— Ann Williams, 59, sits on the U.S. Court of Appeals for the Seventh Circuit. An African-American woman, she could be tough for Republicans to oppose because she was first appointed as a federal district court judge in 1985 by Reagan. Clinton elevated her to the appeals court. Considered a moderate.

     Of those on the list, Koh will be the one to draw the most debate in the confirmation process.

For full articles: http://www.nytimes.com/2009/05/02/us/02search.html?hp

http://news.yahoo.com/s/politico/20090501/pl_politico/21972;_ylt=AsX4JnAwgMWjHOQYTkht7fas0NUE;_ylu=X3oDMTJjamdudDFxBGFzc2V0A3BvbGl0aWNvLzIwMDkwNTAxLzIxOTcyBGNwb3MDMQRwb3MDMgRzZWMDeW5fdG9wX3N0b3J5BHNsawNqdXN0aWNlc291dGU

     After nearly two decades on the United States Supreme Court, Associate Justice David Souter is announcing that he will be retiring from the bench. He is expected to serve until his replacement is nominated by Pres. Barack Obama and conformed by the Senate.

       Justice Souter was appointed to the Supreme Court in 1990 by Pres. George H.W. Bush. Souter was initially cast as a conservative on the Court, but has moved toward the liberal side, voting most often with the liberal side of the present Court. Justices Stevens, Souter, Ginsburg and Breyer are generally thought of as the Court’s liberal wing.

     The retirement of Justice Souter presents the Obama White House with its first big test of establishing the Obama agenda for the longterm. It is thought that this Presidency will have the opportunity to make two, if not three, appointments, given Justice Stevens age (88), and Justice Ginsberg’s health. Given that all three of these Justices make up the present liberal wing, an appointment of a Justice with similar ideology may well have little affect on the Robert’s Court. Additionally, given the fact that Souter was initially appointed for his conservatism, it is not out of the realm of possibility that at least one Obama appointee may disappoint his leftist base.

      And it is that “base” that will now be Obama’s test. His first federal judge appointee is an avid ACORN fundraiser and supporter. His challenge for his appointee for Souter’s seat will be to satisfy his base while at the same time not appearing to be leaning too far off the centrist view. An initial list of possible appointees has probably already been prepared, particularly in light of Justice Ginsberg’s cancer surgery. But she has made it clear that she has no intentions of stepping down in the near future.

       Whoever the appointee is, they will be in for a volatile confirmation process, so let’s hope the vetting is far better than it has been for the Cabinet positions.

Update: As of 1:45pm EST, there had been no official announcement from the Court, and Pres. Obama deferred any questions about Souter’s retirement. It had been noted in recent weeks that Souter was the only Justice who had not yet hired law clerks for the next session.

UPDATE: Pres. Obama interrupted  his Press Secretary, ROBERT GLIBB, to announce that he had spoken with Justice Souter, and had accepted his resignation. Let the Judicial Games begin!

 http://www.nytimes.com/2009/05/02/us/02search.html?hp     

Reid: Roberts ‘didn’t tell us the truth’

By | 3/27/09 11:02 AM EDT 

Senate Majority Leader Harry Reid said Friday that John Roberts misled the Senate during his confirmation hearings by pretending to be a moderate — and that the United States is now “stuck” with him as chief justice. 

“Roberts didn’t tell us the truth. At least Alito told us who he was,” Reid said, referring to Samuel Alito, the second Supreme Court justice nominated by President George W. Bush. “But we’re stuck with those two young men, and we’ll try to change by having some moderates in the federal courts system as time goes on — I think that will happen.” 

For Full Article: http://www.politico.com/news/stories/0309/20560.html

     Dr. Orly Taitz, the attorney for a group of Plaintiff’s challenging Barack Obama’s Presidential eligibility, physically delivered her case filings to the Department of Justice and to the Supreme Court yesterday. This step was required because although having all files signed for in the past, it has recenty come to light that additional briefs and filings have allegedly been imprperly routed in the Supreme Court system, prompting a request for an FBI investigation.

      From Dr. Taitz’ blog:

USDOJ: Office of Solicitor General AND SCOTUS!

Dr. Orly Taitz, Esq.  just received a phone call from Karen Thornton at the Department of Justice.  She stated that all of Orly’s documents and filings have been forwarded to the Office of Solicitor General, Elena Kagan.  That includes all three Dossiers, the Quo Warranto Easterling v. Obama aka Soetoro.  Please show your support that we want these matters and investigations looked into immediately, 202-514-2203.
 
Elena Kagan
Elena Kagan, Office of Solicitor General

Coincidently, after Dr. Taitz called me with that update, she received another call from Officer Giaccino at the Supreme Court.  Officer Giaccino stated both pleadings have been received and being analyzed now.  Also, Justice Roberts must be back because the Officer also stated that all the documents that were given to Chief Justice Roberts at Idaho University are now at the Supreme Court and are also being analyzed.  We will be notified tomorrow after 1:00pm EST as to whether they will be on the docket at the Supreme Court.

http://defendourfreedoms.us/2009/03/24/usdoj–office-of-solicitor-general-and-scotus.aspx
Special Note:   The Solicitor General Elena Kagan was formerly the Dean of the Harvard Law School with longtime ties to President Barack Obama.
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