Federal Law & Legal System – Page 149 – Marquette University Law School Faculty Blog

The Sotomayor Hearings — What We Can Agree On?

Post author:Richard M. Esenberg
Post published:July 20, 2009
Post category:Judges & Judicial Process Political Processes & Rhetoric U.S. Supreme Court

Here is something that we can all agree on. Maybe. Over at PrawfsBlawg, Howard Wasserman of Florida International says that the Sotomayor hearings have been “inane and meaningless.” This has been a widely shared reaction among liberal legal academics and lawyers. They are disappointed in (even if they are willing to excuse) her retreat into a caricature of judicial restraint. They are put off (even if they are willing to rationalize) the fog of platitudes and non sequiturs with which she has responded to questions.

Here’s an example. Our own Senator Feingold asked her what the test is for incorporating provisions of the Bill of Rights into the Fourteenth Amendment:

Seventh Circuit Criminal Case of the Week: “A Total Breakdown of Justice”

Post author:Michael M. O'Hear
Post published:July 20, 2009
Post category:Criminal Law & Process Eastern District of Wisconsin Federal Criminal Law & Process Seventh Circuit

seventh-circuit3

In January 2003, Milwaukee police officers found two guns in the home of the estranged wife of Rashid Salahuddin. Salahuddin himself was arrested shortly afterwards. Now, more than six years later, after many rounds of legal proceedings in state and federal court, Salahuddin still awaits final resolution of criminal charges stemming from the discovery of the guns.

In October 2008, Judge J.P. Stadtmueller of the Eastern District of Wisconsin summoned the United States Attorney and the Federal Defender to his office for an off-the record conversation about the case, which he characterized as “a total breakdown of justice.” Following this conversation, the government asked Stadtmueller to recuse himself from the case. When Stadtmueller refused, the government initiated proceedings in the Seventh Circuit to compel the district judge’s removal.

The Seventh Circuit has now agreed with the government that Stadtmueller’s statements at the October 2008 meeting required his recusal. In re United States of America (No. 09-2264) (Ripple, J.).

Commentary on Sotomayor Hearings

Post author:Michael M. O'Hear
Post published:July 16, 2009
Post category:U.S. Supreme Court

sotomayor Paul Secunda has an interesting guest post on the ACS Blog regarding the role of the Ricci case in the confirmation hearings. Meanwhile, over at the Federalist Society website, our former colleague Scott Moss is part of a lively ongoing debate on the hearings.