Showing posts with label justice alito. Show all posts
Showing posts with label justice alito. Show all posts

Saturday, May 2, 2009

Court respinds to Justice Souter's decision

May 1, 2009

Justice Souter announces retirement
barry re: Justice Souter’s decision to retire
Court responds to Justice Souter’s decision

Chief Justice John Roberts

Justice Souter has served with great distinction on the court for nearly 20 years. ... His desire to return to his native New Hampshire is understandable, but he will be greatly missed in our deliberations.

Justice John Paul Stevens

As Justice Blackmun accurately stated when Justice White advised us of his proposed retirement from the court, an announcement of this kind 'is an emotional occasion.' Because Justice Souter is such a good friend, my first reaction to his decision is one of real personal loss. Because I am confident that I know how his professional work will be judged by future historians, my more important reaction is that the court will suffer a far greater loss than many now realize. I wish he had postponed the decision that he has just announced.

Justice Antonin Scalia

David and I have served on this bench together for almost 20 years -- sitting next to each other at argument for all of that time. I will miss his always intelligent contribution to our work, but most of all I will miss his companionship. The only consolation is that I am sure he will be happy back in his cold and beloved New Hampshire.

Justice Anthony M. Kennedy

The two months remaining in this term now become all the more precious to us, for we know our splendid colleague Justice David H. Souter will soon leave here for the home and the state to which he longs to return. In our free moments David was one of the best raconteurs, one of the most adept and amusing storytellers, I have ever encountered. In our conferences and deliberations all of us knew we had the guidance of a powerful intellect and a fine, dedicated jurist. The nation should be grateful always for his integrity and absolute probity, and for his lasting contributions to our law and to the dignity of this court.

Justice Clarence Thomas

I have been privileged to serve on the court with Justice Souter for almost two decades. It is an honor to have been one of his colleagues at the court. Though deeply saddened by the departure of a friend and colleague, I am comforted by the knowledge that the bonds of friendship that have been formed during our toils here shall happily remain firm. Virginia and I wish him much happiness and contentment.

Justice Ruth Bader Ginsburg

Among jurists with whom I have served, Justice David H. Souter is the very best. His level of preparation for the cases we consider is astonishing. He works so hard at getting it right. He is a genuinely caring man and a model of civility. Never have I heard him utter a harsh or unkind word. I count it my great good fortune to have known him as a working colleague and dear friend.

Justice Stephen G. Breyer

As a member of this court, Justice Souter has given nineteen years of inspirational service to the nation. David is a close colleague and a warm personal friend. I shall miss him here. So will we all.

Justice Samuel A. Alito

I was sad to hear of David Souter's decision to retire from the court. From my first day on the court, he has been a wonderful colleague. He has dedicated so many years to exemplary judicial service. We will miss him deeply.

Source: Boston,com

Friday, February 6, 2009

body language: barry, biden and the Supreme Court Justices

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February 6, 2009

I see I never posted this. It says a great, great deal. Now that I think of it I forgot to post the presidents in the Oval Office. That was extremely revealing.

On 1-14, barry and biden met behind closed doors with the Supremes. Missing was Justice Alito, which was no coincidence. Their meeting is discussed here. I just want to talk about the body language, which is remarkable.

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(Photo) barry, Justices John Roberts, John Stevens, Clarence Thomas, Ruth Bader Ginsburg, David Souter, Joe Biden

First off, the Justices do not seem grouped by political views. What is important is that there are five - what was needed to make the decision. barry and biden are holding on to the chairs like they have taken over - barry asserting his dominance by leaning over the chair with his two forearms. He is affable, but is embracing himself - separating himself from the group in a dominant way - he doesn't need any of them. I don't know whose chair that is but I would not be surprised if it was the Chief Justice's.

Biden is an excellent subject to watch. There is never any doubt what he is thinking or feeling - even before he says it. He must have spent a lot of time cleaning blackboards as a kid. It's what makes barry the most angry because he can't mask Biden like he tries to mask himself. Watch barry's reaction when Biden makes the joke about Justice Roberts' memory. You'll see a great deal of unmasking in barry's face: anger, embarrassment, bewilderment and ruined birthday party. Whatever happened in this room barry owes Justice Roberts and that is why he was so angry - because Biden should have known better.

Biden has claimed his spot - to the left and across the table from barry, facing him at an angle. His hands are placed modestly on the chair but they are at the peak of the chair. He knows his place and has a firm grasp on it and is not about to let it go. His dominant hand is covered by his non dominant one. It is a subtle sign that he is trying to cover something up but he knows that's what he needs to do to keep his position. The two of them are laughing and smiling at each other like we've got them now - we're set. There is a distinct look of conspiracy - one they have had for a while - one they knew they were going to win. They have the judges flanked - literally boxed into the corner. Biden has his back to the dissenters - to his right and behind him. He doesn't need them anymore. He has the Chief and the Senior Member in his and barry's circle. It's enough.

This is all quite fascinating really.

Now look at Chief Justice Roberts. He is to barry's immediate left, very close, and just slightly behind him. Barry is leaning forward to make sure of his dominance, while appearing to be relaxed. Roberts is standing erect, asserting his dominance in his environment. His hands in front of him and away from his body, showing that if challenged, he would be able to stand his ground. He usually commands the room, but today he had been inched over and is a close second. He also is smiling, fully engaged and complicit on an equal basis. He has made his decision but is still unsure. (May explain the oath - that was not in any way simple mistake.)

Next comes Justice Stevens. I don't know anything about seniority but I would guess he is the most senior. He is comfortable in the space that he has been respectfully afforded. He is the most relaxed, amused in a bystander type of way, having seen it all. He is leaning barry's way and has not completely closed himself off from the others - though he is in front of them. No one is a threat to him - nor does anyone find him threatening. He is the most intelligent person in the room, is curious, well-mannered and a very good listener. He's drawn himself in toward Biden. No matter his views - my guess is he allows the most latitude. I would pick him to present my case to and I would make sure I was impeccably dressed and respectful but not deferential. His (great) grandchildren probably adore him.

I don't know how the mechanics work, but I would guess he is the most hands on in actually writing his decisions. Here he has his left hand in his pants pocket but the jacket is still modestly buttoned. A sort of subtle collegial upper hand. Hands in the pockets is a distinct behavior of men of that generation. The elder Bush did the same but he had both hands in his pockets - very different.

Justice Thomas has made the loudest statement. He wants none of it. He is furthest away, and although boxed in, he is the focal point of the picture. The decision rested on him. Biden finds him threatening - he has his back turned directly at Thomas, who is directly in line with barry and looking right at him, waiting to take him on. This particular argument is not over. I bet Thomas holds a mean grudge. barry is protecting himself from Thomas with his right hand higher up on his arm. I wish I could see Thomas' face better - but more importantly his hands. I wouldn't be surprised if they were fisted. He is pretending to smile but is not looking at the one telling the joke. My guess that he never took his eyes off barry and barry didn't look at him.

Justice Ginsberg is extremely physically weakened - her abdomen looks swollen and it looks she is trying hard to stay upright. She is holding her own as far as her position in the group - she is in the center by choice - but has pulled into herself in pain. She doesn't even appear to be part of the proceedings - she is there because she is fulfilling a duty and knows her importance as a woman. Her face is a grimace and she is holding herself very rigid, tightly gripping her hands. When I first saw her, I saw pain, sorrow and impatience. I now know she has pancreatic cancer, which is very painful, and explains everything.

Justice Souter I know nothing about - well I don't know any of them - but he doesn't send off much of anything. Did someone put in a word for him or was he an alternative to someone? I see him as someone who can float but once he decides he is firm in his position. He was probably a loner as a kid and I would hazard a guess he doesn't have strong people skills or a wide range of emotion - like a Quaker or Puritan type. I wonder if he has ever been married.

He has taken a spot and is rooted in it - his arms crossed in front of him - left hand not completely tucked in. I sense this is a normal way of standing for him - more self-protection than defensive. He's looking down when a joke is being told - laughing despite himself and at odds with his posture. I sense he likes Biden and could easily be persuaded by him. I wouldn't be surprised if he had a damp ineffectual handshake to a woman.

Most interesting is the fact that the other Justices are not in the picture. There is no way to conjecture why. What is clear is they chose not to be in the picture. It would have been interesting to see them in the flesh because I've only ever seen their names on dockets.

After this meeting, barry's mood lightened - I noticed it before I was aware of the meeting. At the time, there were two cases before the Court (Lightfoot v Bowen and Berg v Obama/Biden), so the meeting was completely inappropriate and not at all required. Bush had not done it and Clinton and Gore reportedly made a production out of it, which I can't imagine barry wouldn't want to top.

There's one thing that I have been wondering for months. Mr Bill said in his anger and frustration that after the Inauguration he would sit down and tell what was really going on. I have to wonder if that was why Hillary was picked for Secretary of State - we know courtesy of Dr Biden that she was ever considered for either initially.

Thursday, January 22, 2009

barry and biden meet privately with SCOTUS

January 14, 2009

[I know I'm a little tardy in posting things but my fellow citizens have abandoned me...for good it seems.]

barry and biden had a cozy chat with the Supreme Court judges on Jan 14th. Judge Alito was absent - reason not given. Conflict of interest would be a good place to start.

aHear about it on the news? Read it in the paper? See the photo op?

Me neither. I found out about it from TONY MAURO at the Blog of Legal Times. It was described it as "courtesy call" as part of a pre-inaugural tradition - the last time being 1992 - and lasted about an hour. Evidently the invitation was sent out Dec 5th - one wonders why their visit was so delayed? Kinda hard to see the defendant(s) in chambers, I guess. And the presidential battery went out of their way to avoid being seen by anyone. Had they wanted the press they would no doubt have made what Roger Simon calls "stagecraft". A presidency of stagecraft he said. Can't put it much better than that. Stagecraft and documentary-worthy presidential re-creations.

Ever know barry to pass up a photo op? A constitutional lawyer not getting his picture with the Supreme Court Justices for all to see? The first black president of the Harvard Law Review not making a production out of it?

It was a "matter of security". And, curiouser and curiouser, they were not alone. Present were Jeff Minear, counselor to Chief Justice Roberts, Gregory Craig, barry's soon to be White House counsel and Alan Hoffman, Biden's deputy chief of staff.

Why the need for lawyers? A sightseeing tour? Autographs maybe?

I honestly don't know how in a legal sense the Justices could talk with them in camera so to speak when cases against them were still being considered (however truthfully) in front of them. Does someone keep a record of their chat or perhaps proceedings? Berg's conference was on the 16th and Lightfoot on the 23rd. How is that not a conflict of interest? It may very well explain Justice Alito's absence. One thing I did notice - barry's mood lightened last week. Must help knowing the Chief Justice isn't going to rule against you.

If the Justices asked them formal questions - is the public able to know? This whole thing stinks. Obamahoax is a step closer to a More Perfect Union...Chicago style.

Oath of Office...take two...not on video

January 22, 2009

barry was sworn in...again...last night. Amazing the attention to The Constitution after he becomes president. If he is so concerned about upholding The Constitution, why doesn't he relieve The American People's minds by proving his constitutional eligibility to be sworn in at all? Not in attendance was the Lincoln Bible - or any Bible for that matter. So is it a true oath?

One thing is for sure - Justice Roberts had time to think over his decision so he can never say he didn't have a second chance. I would like to talk to Justice Alito. His not being at barry and Biden's fireside chat was intentional.

So was Biden the President? Did barry re-sign whatever he had done? If he really wasn't able to execute the office of the president until the repeat oath, then nothing he did up until that time was "legal". Can't have it both ways. Although that is barry's MO.

And why no video? A separate picture and audio? Didn't he want that footage shown?

The whole thing reeks.

What would Freud have thought about Roberts' and barry's mis-swearing in?

Chief Justice John G. Roberts Jr. re-administers the oath of office to President Obama in the Map Room.

(PETE SOUZA White House)

White House Counsel Greg Craig (who was also at the fireside chat):

We believe that the oath of office was administered effectively and that the President was sworn in appropriately yesterday. But the oath appears in the Constitution itself.

Absolute insanity.