Senate confirms Elana Kagan 63-37 as Supreme Court Justice.

Kagan, Obama’s solicitor general and the former dean of Harvard Law School, will join the high court after its summer recess ends later this year, replacing retiring Justice John Paul Stevens, 90. As expected, the 63-37 vote confirming Kagan, who also served in the Clinton administration, was largely along party lines, with just five Republicans voting with Democrats to confirm her – and one Democrat, Senator Ben Nelson (D-Neb.), voting no.

Full Story: Politico

PHOENIX — A federal judge on Wednesday blocked the most controversial parts of Arizona’s immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.

The overall law will still take effect Thursday, but without the provisions that angered opponents — including sections that required officers to check a person’s immigration status while enforcing other laws.

The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

“Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked,” U.S. District Judge Susan Bolton ruled.

She ruled that the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m.

The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations to speak out against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

The volume of the protests will likely be turned down a few notches because of the ruling by Bolton, a Clinton appointee who suddenly became a crucial figure in the immigration debate when she was assigned the seven lawsuits filed against the Arizona law.

Lawyers for the state contend the law was a constitutionally sound attempt by Arizona — the busiest illegal gateway into the country — to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants.

Opponents argued the law will lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.

“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law),” Bolton ruled. “By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

The law was signed by Republican Gov. Jan Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections.

The law has inspired rallies in Arizona and elsewhere by advocates on both sides of the immigration debate. Some opponents have advocated a tourism boycott of Arizona.

It also led an unknown number of illegal immigrants to leave Arizona for other American states or their home countries.

Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.

Brewer’s lawyers said Arizona shouldn’t have to suffer from America’s broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

President Bill Clinton’s library in Little Rock, Ark., released about 42,000 pages of documents to the Senate Judiciary Committee, which currently is considering the Kagan nomination.

The documents came primarily from her 1995-96 work in the White House counsel’s office. It’s the second collection released with one more planned before confirmation hearings commence later this month.

One religious-freedom issue included Kagan’s role in drafting an executive order in a much-debated case regarding limits on federal employees talking about religion or displaying religious items in the workplace.

Another case concerned the government requiring a landlord to rent an apartment to an unwed couple, which violated the landlord’s religious beliefs. Read New York Times Story

Source: NewsMax; NY Times

Helen Thomas forced to retire after showing true colors towards Israel

“Helen Thomas announced Monday that she is retiring, effective immediately,” a Hearst Newspapers statement said. “Her decision came after her controversial comments about Israel and the Palestinians were captured on videotape and widely disseminated on the Internet.”

The decision to retire came as Thomas faced rebuke from nearly every corner after video of her remarks during an interview with RabbiLive.com’s Rabbi David Nesenoff emerged online late last week.

Watch Video of Helen Thomas Comments on Jews

“Those remarks were offensive and reprehensible,” Gibbs said during the Monday briefing, adding that Thomas’s remarks “do not reflect certainly most of the people here and certainly not those of the administration.” Thomas did not attend Monday’s briefing and journalists, perhaps sensing the closing of an era, were spotted taking pictures of Thomas’ empty front row.

Thomas, who transitioned from reporter to columnist in 2000 but kept her front-row seat at White House briefings, had come under fire for her statement that Israel should “get the hell out of Palestine” and that Jews in Israeli should return to Germany, Poland, or the US.

Thomas apologized for the comments, saying:

“I deeply regret my comments I made last week regarding the Israelis and the Palestinians. They do not reflect my heart-felt belief that peace will come to the Middle East only when all parties recognize the need for mutual respect and tolerance. May that day come soon.”

The White House Monday called Thomas’ remarks “offensive and reprehensible.”

“Helen Thomas’ comments were indefensible and the White House Correspondents Association board firmly dissociates itself from them,” the WHCA said in a statement. “Many in our profession who have known Helen for years were saddened by the comments, which were especially unfortunate in light of her role as a trail blazer on the White House beat.”

The WHCA statement added that the incident “does revive the issue of whether it is appropriate for an opinion columnist to have a front row seat in the WH briefing room.”

Source: Huffington Post, Politico

NBC News’s Pete Williams reports:

Kagan, 50, served as the Dean of Harvard Law School from 2003 to 2009. Obama nominated her to serve in her current post as solicitor general early in 2009, and she won Senate confirmation by a vote of 61-31. She is the first woman to serve as solicitor general of the United States.

She was widely viewed as a front-runner when Obama was considering candidates for a Supreme Court opening last year, but the president ultimately chose Sonia Sotomayor for the job.

Unlike the other Supreme Court justices, Kagan has never before served as a federal judge.

Kagan would be the fourth woman ever nominated to the high court and continue a trend of Ivy League-educated lawyers who sit on the bench.

Virginia State Capitol

RICHMOND, VA – Virginia state law makers passed laws earlier this month that are intended to nullify proposed health-care legislation that carries with it mandates for individuals to purchase health insurance.

Virginia is the first state to pass a law that would allow its residents to opt out of the proposed federal requirement for individuals to purchase health insurance, which is one of the elements of the proposed health care bill currently pending in Congress. State legislatures in Idaho and Utah also approved similar measures this month that would limit the scope of the proposed legislation. Several other state legislatures also are considering similar laws and are promoting constitutional amendments that would limit federal requirements. Most are following Virginia’s lead in nullifying the mandate on health insurance…

Will laws pass by states that would exempt their citizens from a federal law requiring all individuals to carry health insurance be able to stand up constitutionally?

Proponents of the new Virginia law cite the tenth amendment plus existing case law, but others have serious doubts that states can override Federal law. States have tried to resist federal laws before. For example, southern states tried this approach in the 1950s as a way avoid school integration.

The problem lies in the U.S. Constitution’s Supremacy Clause which essentially says that federal laws reign supreme.

The state bills are prone to be challenged in court. This would setup new legal battles over whether federal law can trump state laws.

The issue is heating up and is being debated all over the blogs. For example, in a recent article on the USA website, Michael Boldin of the Tenth Amendment Center, a non-partisan think tank in Los Angeles raises the question, “If there are enough states or people refusing to comply … what’s the federal government going to do?” The Tenth Amendment Center is an advocate for individual and states’ rights.

The Tenth Amendment Center website for the state of Colorado also discusses this issue. In an article written by Geoff Broughton, he asks a couple of important questions:

This leaves you with two very important questions you should answer before you make up your mind.  First, does the Constitution allow congress to mandate health insurance be purchased by every citizen simply for being alive?  Second, if the answer is no, what can be done if the Congress passes a law it is not legally allowed to pass?

The Arizona state Legislature passed a ballot measure in June that that will be put to the voters to decide. The issue is scheduled to go to Arizona voters in November, when they will be asked to amend the state’s constitution. If passed, the amendment would say that no “person or employer” could be compelled to participate in a health care system or insurance plan or pay a penalty for not participating.

Arizona Republican Rep. Nancy Barto sponsored the bill against the federal mandate in the state House. The USA Today article goes on to say that Barto expects the ballot initiative to pass but she also expects a legal challenge. “We are ready to fight that battle for the sake of all the states that are doing this,” Barto says.

At least four other states are also working on legislation or constitutional amendments – Utah, Idaho, Florida and Louisiana.

White House May Obtain Power Over Internet

Sen. Jay Rockefeller, a West Virginia Democrat, along with his aides, have spent months behind closed doors drafting a revised U.S. Senate bill that proposes giving the White House the power to disconnect private-sector computers from the Internet.

CNET News has obtained a copy of the 55-page draft of S.773 (excerpt), which still appears to permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency.

The new version would allow the president to “declare a cybersecurity emergency” relating to “non-governmental” computer networks and do what’s necessary to respond to the threat. Other sections of the proposal include a federal certification program for “cybersecurity professionals,” and a requirement that certain computer systems and networks in the private sector be managed by people who have been awarded that license.

“I think the redraft, while improved, remains troubling due to its vagueness,” said Larry Clinton, president of the Internet Security Alliance, which counts representatives of Verizon, Verisign, Nortel, and Carnegie Mellon University on its board. “It is unclear what authority Sen. Rockefeller thinks is necessary over the private sector. Unless this is clarified, we cannot properly analyze, let alone support the bill.”  Read full story here

Find a lawyer
Internet Lawyers
Constitutional Lawyers

sonia-sotomayor

I am concerned about Sonia Sotomayor being confirmed as the latest supreme court judge. I am not comfortable with her decision in New Haven Connencut that ruled against the firefighters being promoted on merit. That was a bad decision and is being appealed to the Supreme Court. I am also very uncomfortable with her remarks found on the Youtube video where she speaks of policy being made from the bench.

Her latest quote “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life.” doesn’t bother me as much. I don’t think she is a racist.

Leading conservative commentators and news outlets have jumped on the 2001 Sonia Sotomayor quote claiming that she has said that Latinas are better than white men. If you read the quote in context, it’s clear that Sotomayor was merely saying that it’s inevitable that a judge’s personal race-based and gender-based experiences will impact judging, particularly in race and sex discrimination cases. As a result, she said, while such formative experiences can be enriching and contribute to wise decisions, a judge should also be aware of them in order to avoid being wholly dominated by them. She vowed “complete vigilance in checking my assumptions, presumptions and perspectives.”…

Rush Limbaugh, in an apparent reaction to the quote, said that Sotomayor is a “reverse racist” who “has put down white men in favor of Latina women.” Fox News’ Megyn Kelly said it shows Sotomayor thinks “that Latina judges are obviously better than white male judges.”

Michelle Malkin, meanwhile, said it shows that Sotomayor wants her personal experiences to “cloud her jurisprudence.”

“I can and do aspire to be greater than the sum total of my experiences, but I accept my limitations,” she said — the opposite of what critics claim she said. This quote is from a socialist. So if you beleive your future is determined by the friends you keep, then we should have something to worry about.

Obama has stated that he is looking to appoint a judge with empathy. When was that ever a requirement in determining consitiutional law. The constitution is what it it. It is not a living document that should be activated and changed from the bench.

I predict that Sonia Sotomayor will be confirmed. The democrats outweigh the Repubicans on this one.

If you need to find a lawyer, visit our attorneys directory.

UNDERHILL, Vt. – The unassuming ship captain who escaped the clutches of Somali pirates said upon his triumphant arrival home Friday that he was just an ordinary seaman doing his job, not a hero, and he praised the Navy for its daring rescue mission.

“They’re the superheroes,” Richard Phillips said. “They’re the titans. They’re impossible men doing an impossible job, and they did the impossible with me. … They’re at the point of the sword every day, doing an impossible job every day.”…

Phillips was saved on Easter Sunday, when Navy snipers killed three pirates with three simultaneous nighttime gunshots.

“I’m not a hero, the military is,” he said, appearing healthy and invigorated at a brief airport news conference shortly after his arrival.

Phillips’ wife, Andrea, and their adult children, Daniel and Mariah, went on board the corporate jet to greet him at the Burlington airport. Phillips, wearing a cap from the USS Bainbridge destroyer, which rescued him, waved to a small, cheering crowd and hugged his daughter as he walked inside a building for a private reunion.

He later emerged to praise his fellow crew members of the Maersk Alabama cargo ship.

“We did it,” he said. “We did what we were trained to do.”

When Phillips was rescued, his arms were bound. On Friday, abrasions and scabs could be seen on the insides of his forearms. Asked what the high-seas hostage experience was like, he said: “Indescribable, indescribable.”

The captain, who spoke for just a couple of minutes, was to be feted later at his home in nearby Underhill with his favorite beer and a homemade meal.

Police escort
After his airport appearance, Phillips, 53, was driven home in a dark sport utility vehicle, a Vermont State Police cruiser leading the way into the small rural community where he lives, past freshly tilled farm fields, a pen with spring lambs in it and clusters of neighbors who came out of their houses to wave as he passed.

He doffed the baseball cap and waved it out the window as he passed Chamberlin’s Garden & Farm Market, where four cars sat idling, their drivers honking their horns.

Arriving at his small white farmhouse, he found it festooned with ribbons, “Welcome Home” balloons and signs, with a flag-waving contingent of about 25 people standing on the other side of the road, cheering.

“To be able to come home, safe and sound, from such a harrowing experience … oh, how Andrea’s heart must be filled with joy right now,” said Kathy Wright, of neighboring Jericho, a friend who waved red, white and blue pompoms when Phillips’ vehicle pulled into the driveway.

There was no immediate plan for a parade or public celebration, owing to the family’s status as somewhat reluctant celebrities.

“We’re respecting the family’s wishes and waiting to see what they’d like to do,” said Kari Papelbon, the town’s zoning administrator.

Yellow ribbons of hope
But all around town, the yellow ribbons that came to symbolize Underhill’s hope during the five days of Phillips’ captivity fluttered in a spring breeze, with lots of late additions as his arrival drew near.

There was a “Welcome Home Captain” sign in front of the Stitch In Time yarn shop, a “Welcome Home Captain Phillips” sign in front of Browns River Middle School and a “Welcome Home Captain Phillips” tar paper sign affixed to a red barn across the street from the family’s home.

Just as telling were a pair of posterboard signs on the fence in front of Phillips’ home.

“Thank You for Your Prayers,” said one.

“Please Give Us Some Time as a Family,” said another, a polite message to members of the media and anyone else hoping to get close.

Police also had kept people away from the airport. Still, two women inspired by the bravery of Phillips, who gave himself to the pirates as a hostage to save his Maersk Alabama crew, sat in the airport’s parking lot with a sign to welcome him home: “You’re a good man, Captain Phillips,” it read.

‘He’s a good man’
“We’re so, so proud of him,” said Lynn Coeby, of Ripton, alongside her mother, Eleanor Coeby. “We think that he has such character and morals and ethics to potentially put his life at risk for his crew, and we wanted to be here to say we think he’s a good man.”

TEHRAN, Iran – Secretary of State Hillary Rodham Clinton said Saturday she is “deeply disappointed” by Iran’s sentencing of an American journalist in closed-door trial.

A lawyer for journalist Roxana Saberi said the 31-year-old dual American-Iranian citizen was convicted of spying and sentenced to eight years in prison.

Clinton said in a statement the U.S. is working with Swiss diplomats in Iran to get details about the court’s decision and to ensure Saberi’s well-being. Clinton said the U.S. will “vigorously raise our concerns” with Tehran. She said Saberi was in Iran to learn more about her cultural heritage.

Saberi, a dual American-Iranian citizen, was arrested in late January and initially accused of working without press credentials. But earlier this month, an Iranian judge leveled a far more serious allegation, charging her with spying for the United States…

She appeared before an Iranian court behind closed doors on Monday in an unusually swift one-day trial. The Fargo, North Dakota, native had been living in Iran for six years and had worked as a freelance reporter for several news organizations including National Public Radio and the British Broadcasting Corp.

“Saberi has been sentenced to eight years in jail. I’ll definitely appeal the verdict,” lawyer Abdolsamad Khorramshahi told The Associated Press.

The United States has called the charges against Saberi baseless and has demanded her release, and the conviction and prison sentence could put strains on efforts to improve ties.

President Barack Obama has said it wants to engage Iran in talks on its nuclear program and other issues — a departure from the tough talk of the Bush administration.

Iran has been mostly lukewarm to the idea, but on Thursday Iran’s hard-line president gave the clearest signal yet that the Islamic Republic was also willing to start a new relationship with Washington.

U.S.: Jailing not helpful
In a speech Wednesday, President Mahmoud Ahmadinejad said Iran was preparing new proposals aimed at breaking an impasse with the West over its nuclear program.

But it was uncertain how Washington would react to Saberi’s conviction. On Thursday, the State Department said Saberi’s jailing was not helpful and that Iran would gain U.S. good will if it “responded in a positive way” to the case.

The United States severed diplomatic relations with Iran after its 1979 Islamic revolution and takeover of the U.S. Embassy in Tehran.

Human rights groups have repeatedly criticized Iran for arresting journalists and suppressing freedom of speech. The government has arrested several Iranian-Americans in the past few years, citing alleged attempts to overthrow its Islamic government through what it calls a “soft revolution.” But they were never put on trial and were eventually released from prison.

Iran has released few details about the charges against Saberi. Iranian officials initially said she had been arrested for working in the Islamic Republic without press credentials and she had told her father in a phone conversation that she was arrested after buying a bottle of wine.

An Iranian investigative judge involved in the case charged that Saberi was passing classified information to U.S. intelligence services.

Her parents, who traveled to Iran from their home in Fargo in a bid to help win their daughter’s release, could not immediately be reached for comment on Saturday.