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May 2, 2012
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this is why it's a movement of truth for the supreme court. if it chooses to be ruled along these lines -- >> along those lines, would you be critical of the court deciding to hear the headlight care -- on the eve of a presidential election? >> the health care case, lower courts disagreed. they didn't have to give three days of oral argument and examine every aspect of the legal challenge. >> did they have to take it? >> yeah, because it was right. >> the history of the court dodging cases right before election, as linda knows better than anyone, efforts to decide when roe came down for political reasons was not a great -- >> this problem that you identify is exacerbated in the state court setting where some 37 states still engage in contested election of their judges. it's ironic, because the election of judges was regarded in the mid 19th century as a reform effort against the elitist, corrupt appointing authorities who had been appointing judges under an appointed system. so -- but what turned out to be the 19th century's reform has now beco
this is why it's a movement of truth for the supreme court. if it chooses to be ruled along these lines -- >> along those lines, would you be critical of the court deciding to hear the headlight care -- on the eve of a presidential election? >> the health care case, lower courts disagreed. they didn't have to give three days of oral argument and examine every aspect of the legal challenge. >> did they have to take it? >> yeah, because it was right. >> the history...
SFGTV2: San Francisco Government Television
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May 25, 2012
05/12
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the supreme court of the united states today has no protestants on the supreme court. isn't that interesting? we basically have catholics and jews. >> i have been very worried about that, i will tell you. [laughter] >> i mentioned it because i thought it was keeping you up at night. the fact is that i have no doubts that they each will do what they said in their nomination, which is they would apply the law, and what justice roberts said is really probably a similar statement. judges are supposed to call balls and strikes. that does not mean that they don't understand -- as a matter of fact, why do you have a diverse jury? the appellate court is just another type of jury, right? the supreme court is a very different kind of jury because the supreme court, and having only had one case before them, i learned very quickly that president -- precedent is not as important as the justices, who will decide what the law is. they will change what the lot is if they get a majority of their sisters and brothers to go along with it. to have a jury made up of diverse cultural views
the supreme court of the united states today has no protestants on the supreme court. isn't that interesting? we basically have catholics and jews. >> i have been very worried about that, i will tell you. [laughter] >> i mentioned it because i thought it was keeping you up at night. the fact is that i have no doubts that they each will do what they said in their nomination, which is they would apply the law, and what justice roberts said is really probably a similar statement....
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May 24, 2012
05/12
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the florida supreme court ordered a manual recount to be conducted according to the vote -- intent of the voter standard established by florida la. that court did not require a recount of overvotes presumably because of a re-examination of those ballots would seldom reveal the identity of the voter's preferred candidate. the question with respect to undervotes however was not whom the voter intended to support but whether the voter intended to vote for any presidential candidate at all. in the typical case either a hanging chad or a dimpled chad opposite the name of one candidate would both identify the voter's preferred candidate and indicate his or her intent to cast a vote. during the recount election, officials differed on whether the question to count both dimpled chads and hanging chads or just the latter. in other words, those for which light could be seen through the edge of the chad. in palm beach county, for example, the officials began to follow a 1990 guideline that drew a distinction between hanging and dimpled chads. but they ultimately ended up counting both subcategori
the florida supreme court ordered a manual recount to be conducted according to the vote -- intent of the voter standard established by florida la. that court did not require a recount of overvotes presumably because of a re-examination of those ballots would seldom reveal the identity of the voter's preferred candidate. the question with respect to undervotes however was not whom the voter intended to support but whether the voter intended to vote for any presidential candidate at all. in the...
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May 5, 2012
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. >> if he were here today and on the bench, on the supreme court bench, what would be -- who would be on his side? who would like him and who would not like him? >> that's a hard question. i mean, if you want to take today's court, a lot of what he preached is accepted by all members of the court. a lot of what his dissents were in the 1920s and '30s have been sem accepted. we think of anthony scalia as a conservative, a very conservative justice. a few years ago scalia wrote what was in essence a brandeisian opinion. police in a california town were cruising up and down with an electronic device in their car to pick up heat sensors. and their idea was if they could pick up a heat signature they would know who was growing marijuana because you have to have all that light which generates heat. well, they picked up a heat signature from this house. they then went and got a warrant, went in and turned out the guy was growing marijuana, but they never had a warrant to use the thermal sensor to look essentially into the house. and he's convicted in the lower courts and he comes up and scal
. >> if he were here today and on the bench, on the supreme court bench, what would be -- who would be on his side? who would like him and who would not like him? >> that's a hard question. i mean, if you want to take today's court, a lot of what he preached is accepted by all members of the court. a lot of what his dissents were in the 1920s and '30s have been sem accepted. we think of anthony scalia as a conservative, a very conservative justice. a few years ago scalia wrote what...
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May 3, 2012
05/12
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vanderbilt, jr., the dean of new york city law school and of the supreme court of the state of new jersey. he had a court that was in disarray, disrepute and in all facts judicially inefficient. it seems to me that if we look at it now and about your ability to secure independence for judges and respect for the courts and to solve the financial problems, we might look to try to perfect what we do and better what we do more efficiently and more effectively to apply the law to the facts. and the facts to the law. find ways in justice courts, in municipal courts, to actually give the judge what the facts are as they've been listened to by somebody else or arrived at so that you have can handle far more cases than you could before and it would be reviewable, it would be transparent, it would be at the lowest possible level, it would be where all of the country -- most of the people of the country interact with the judicial system. but you could take in light of that discussion on judicial efficiency and applying law to the facts. >> well, judge vanderbilt of course is also known as the dean o
vanderbilt, jr., the dean of new york city law school and of the supreme court of the state of new jersey. he had a court that was in disarray, disrepute and in all facts judicially inefficient. it seems to me that if we look at it now and about your ability to secure independence for judges and respect for the courts and to solve the financial problems, we might look to try to perfect what we do and better what we do more efficiently and more effectively to apply the law to the facts. and the...
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May 21, 2012
05/12
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been so much discussion of the remedy issue in that case in which a majority of the united states supreme court issued a stay that halted the recount of florida votes in the presidential election of 2000. the significance of the courts opinions reliance on the equal protection clause of the 14th amendment has been generally overlooked. as you may recall, in the 2000 election, florida used voting machines to count ballots on which voters had used a stylist to punch a hole in the small circle opposite the preferred candidate's name. voters who successfully followed the written instructions punched a complete hole in the ballots, and their votes were accurately counted by the machines. the voters whose votes weren't counted by the machines, fell into two categories. so-called overvotes and undervotes. the overvote category included ballots on which the voter had tried to vote for two or more candidates for the same office. the undervote category included balance on which the voter had designated one candidate but failed to make a complete hole in the ballot. there were two subcategories of undervo
been so much discussion of the remedy issue in that case in which a majority of the united states supreme court issued a stay that halted the recount of florida votes in the presidential election of 2000. the significance of the courts opinions reliance on the equal protection clause of the 14th amendment has been generally overlooked. as you may recall, in the 2000 election, florida used voting machines to count ballots on which voters had used a stylist to punch a hole in the small circle...
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May 5, 2012
05/12
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and it was appealed to the oklahoma supreme court, where she lost there. and then they appealed that to the local -- to the united states supreme court. the supreme court ruled unanimously that she -- should have that opportunity in oklahoma. well, my mom was really excited about that, and she was at the supreme court when they made the -- when they had the arguments. and so she came back to oklahoma really excited, thinking she was getting ready to go to law school. and within seven days, the school -- the admissions period would end. and she got a telegram in the mail that said that oklahoma had just opened the langston university school of law. so within seven days, they created a law school, a separate law school, just for her. the school was located in the state capitol building. and they hired two part-time attorneys, and a part-time dean. and that was to be the separate but equal law school for her to attend. and she did not attend that law school at all. but the law school stayed open for a full year. in the meantime, the head of the oklahoma state
and it was appealed to the oklahoma supreme court, where she lost there. and then they appealed that to the local -- to the united states supreme court. the supreme court ruled unanimously that she -- should have that opportunity in oklahoma. well, my mom was really excited about that, and she was at the supreme court when they made the -- when they had the arguments. and so she came back to oklahoma really excited, thinking she was getting ready to go to law school. and within seven days, the...
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May 26, 2012
05/12
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if the listen to the supreme court argument, the supreme court justices said, what's go on? of this in terms of big government? what does the government tell us what to do next? should we buy a cell phone? should we eat broccoli? which shwe do everything that the government tells us? where does liberty begin? where does the commerce clause end? what's the future of america if we have to spend so much, get so little in return and give away so many of our precious freedoms. that's what it is about. >> who has the better argument? congressman? raise your hands. who says the lawyer, raise your hands? >> i want to go second next time. >> what's the issue? what's the challenge? >> the issue is the constitutionality t. may be a great law. i disagree. but if you agree, you still need it to be a constitutional law to pass. do you think it's going to pass? >> the congress has the ability and the right to regulate commerce in this country. and economic decisions that are made. not purchasing health care is an economic decision, just as much as purchasing health care is. each and every
if the listen to the supreme court argument, the supreme court justices said, what's go on? of this in terms of big government? what does the government tell us what to do next? should we buy a cell phone? should we eat broccoli? which shwe do everything that the government tells us? where does liberty begin? where does the commerce clause end? what's the future of america if we have to spend so much, get so little in return and give away so many of our precious freedoms. that's what it is...
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May 12, 2012
05/12
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there is more than just the supreme court in terms of this. all the lower levels of the court has to be approved, this is something we have blogged about. the senator for the state has a great amount of power to suggest names for the president and also sometimes possible federal judge nominees at the lower level. guest: the senatorial courtesy is much more likely for the district judges, less so for the supreme court judges. host: we did not get anybody to take our response but we had one on twitter as far as the question. -- guest: she is correct. host: congratulations. thank you for participating. i know we could not get everybody's questions. if you need more information, where can they go? guest: we are answering questions at politico prep. google that. we also have another website, citizenu.org. students can also vote on the best civics vocabulary word in the country. host: thank you. coming up tomorrow, we take a >> tomorrow, we will have calabrese. [captioning performed by national captioning institute] [captions copyright national cable
there is more than just the supreme court in terms of this. all the lower levels of the court has to be approved, this is something we have blogged about. the senator for the state has a great amount of power to suggest names for the president and also sometimes possible federal judge nominees at the lower level. guest: the senatorial courtesy is much more likely for the district judges, less so for the supreme court judges. host: we did not get anybody to take our response but we had one on...
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May 14, 2012
05/12
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or adhere to the supreme court decisions? if you are an ohio? >> ruutu that i talked about there was very little reaction even though it defied along standing set of obligations that should be regulated. there's a lot of protests by local butchers that are not happy of the national meet processors but the court system had a mechanism that was called the district court system. those judges were products of the political party. they helped to ameliorate to split the difference between the strident nationalist and interpreted key cases to maintain local preference to seven what was the effective for national unity with the war of 1812? >> if i had to have one factor with the visible growth of the state is war. with the war of 1812 i would cite to two things jefferson felt americans would rally around his plea that they remain neutral and not trade with the warring enemies of britain and france. american pursues the self-interest so jefferson and needed to impose an embargo. this is like rick santorum and imposing a draconian inc
or adhere to the supreme court decisions? if you are an ohio? >> ruutu that i talked about there was very little reaction even though it defied along standing set of obligations that should be regulated. there's a lot of protests by local butchers that are not happy of the national meet processors but the court system had a mechanism that was called the district court system. those judges were products of the political party. they helped to ameliorate to split the difference between the...
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May 2, 2012
05/12
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by the way, all those choices, are reviewable by the supreme court. ultimately reviewable by the federal courts. so they are preserved on appeal if someone thinks they are not being fully represented by counsel, not effectively represented, that's subject to review. great questions. okay. >> recently in pakistan the l.e. t. commander filed in court for protection of the u.s. government. do you think that could be emul future commanders? >> know the filing of court? >> this particular commander filed in pakistan in court a petition from text, had the pakistani government protect him from attacks like german attacks and stuff like that. i kind of thought that puts the u.s. government in a pickle because we're going to have to take some risks in a political sphere or take some risks in a military sphere by letting this guy go. >> certainly that could be a strategy of a, you know, alaki's father filed a petition. it presents difficulties. it's another aspect of litigation whether it comes in federal court, prosecution in federal court or military commissio
by the way, all those choices, are reviewable by the supreme court. ultimately reviewable by the federal courts. so they are preserved on appeal if someone thinks they are not being fully represented by counsel, not effectively represented, that's subject to review. great questions. okay. >> recently in pakistan the l.e. t. commander filed in court for protection of the u.s. government. do you think that could be emul future commanders? >> know the filing of court? >> this...
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May 29, 2012
05/12
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the supreme court struck down rifra. let's get back together and write a new law which we can pass through congress which will try to tailor to the new principles, the supreme court put forward in the bernie case. well, then the fishers began to become evident. the coalition, again, stretching from the acl tou the southern baptist convention, the reform jewish denominations, orthodox jewish community, everybody in between, secular and multifaith. started designing a statute. would have been called the religious liberty protection. everything needs a cumbersome acronym. but this again would have been a broad reinstatement of a standard. across all kinds of cases, across all kinds of issues, which t would have sought to reinstate the standard of the government can only infringe upon religion when it's serving a compelling interest and is doing it in the least restrictive means possible. then the coalition fractured. and the coalition principally fractioned because by this point in the late 1990s, the -- a number of folks w
the supreme court struck down rifra. let's get back together and write a new law which we can pass through congress which will try to tailor to the new principles, the supreme court put forward in the bernie case. well, then the fishers began to become evident. the coalition, again, stretching from the acl tou the southern baptist convention, the reform jewish denominations, orthodox jewish community, everybody in between, secular and multifaith. started designing a statute. would have been...
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May 1, 2012
05/12
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i often got a question about the supreme court is secretive, mysterious. i think somebody mentioned this earlier, one thing the court has going for it is they do give reasons. the case is but to be very interesting, because anybody who will vote to strike down the affordable care act will have to give a reason that is not simply a political rhetoric. that will be pretty interesting. in congress, entire agendas can disappear but that a fingerprint. the court on the record disposes of any case that comes again. it does not get lost. >> can we get them in the hands of these willing participants? >> i want to add a footnote. that is to accentuate a real difference between federal and state courts. state courts are all making institutions in their common-law function. at least one scholar wrote an interest in article which suggested because of their more democratic ways, state courts have more latitude, that judges deserve more latitude that federal court judges come up with respect to their constitutional interpretive function. it is an intriguing notion. i do
i often got a question about the supreme court is secretive, mysterious. i think somebody mentioned this earlier, one thing the court has going for it is they do give reasons. the case is but to be very interesting, because anybody who will vote to strike down the affordable care act will have to give a reason that is not simply a political rhetoric. that will be pretty interesting. in congress, entire agendas can disappear but that a fingerprint. the court on the record disposes of any case...
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May 8, 2012
05/12
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end of the supreme court of the state of new jersey. he had a court that was in disarray, disrepute, and all facts, traditionally inefficient. it seems to me that if we look at it now and about your ability to secure independence for judges, and respect for the courts, and to solve the financial problems, we might look to try to perfect what we do, and better what we do more efficiently and more effectively, to apply the law to the facts that and to find facts and the law. find ways and justice courts. and also in the municipal courts. to actually give the judge what the facts are as been listened to by someone else and that they have been arrived at, so that you can handle more cases than you did before, and it would be review, transparent, it would be the lowest possible level, most people in the country interact with the judicial system. but you could take and enliven a discussion on judicial efficiency and all of our applying a law to the facts. >> judge vanderbilt was known as the dean of judicial administration. he was one of the f
end of the supreme court of the state of new jersey. he had a court that was in disarray, disrepute, and all facts, traditionally inefficient. it seems to me that if we look at it now and about your ability to secure independence for judges, and respect for the courts, and to solve the financial problems, we might look to try to perfect what we do, and better what we do more efficiently and more effectively, to apply the law to the facts that and to find facts and the law. find ways and justice...
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the real overlords of our nation with the supreme court and their citizens united decision wall street banks juries can now push their own candidates and the corporate media doesn't even pointed out they just called this guy a tea party they didn't call him an agent of the banks the queen wants to amend the way the government works in the u.k. we need to do the same here and end the crazy idea that's been promoted exclusively by the supreme court the corporations are people and money is not property but instead of speech go to move to amend to work to learn what you can do. after the break corporate america has a new plan to take over every aspect of your life from the education in your schools to the transportation in your towns just how dangerous is this new drive to privatized. everything in america. of american power continues. things in our country so. might actually be time for a revolution. and it turns out that a program or drug or starbucks has a surprising year. you know sometimes you see a story and it seems so you think you understand it and then you glimpse somethin
the real overlords of our nation with the supreme court and their citizens united decision wall street banks juries can now push their own candidates and the corporate media doesn't even pointed out they just called this guy a tea party they didn't call him an agent of the banks the queen wants to amend the way the government works in the u.k. we need to do the same here and end the crazy idea that's been promoted exclusively by the supreme court the corporations are people and money is not...
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May 31, 2012
05/12
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motivation, but there's some things facts that aren't hidden hand facts as the phrase has become, supreme court appointments. eisenhower refused to appoint judges to federal courts who were known segregationists, refused to do that. john f. kennedy when he came in appointed those right and left, and i have to say to you, folks, i have a son named for jfk, if you want to know where i come from, okay? and, you know, it's going -- i have fun handing in the program, but, you know, facts are facts, so eisenhower did a lot. he didn't do some things that people would have liked to have seen him do, but we'll get back to little rock, because i don't want to preempt ernie talking about that, but little rock is the tip of the iceberg when it comes to what eisenhower was doing. >> could he have -- you know, later on we'll be discussing jfk and lyndon johnson, but -- and so the conversation is that had not kennedy laid out what could happen, that johnson could not have picked it up if truman had not begun the process of desegregating the military, even though you say eisenhower was critical of him not taki
motivation, but there's some things facts that aren't hidden hand facts as the phrase has become, supreme court appointments. eisenhower refused to appoint judges to federal courts who were known segregationists, refused to do that. john f. kennedy when he came in appointed those right and left, and i have to say to you, folks, i have a son named for jfk, if you want to know where i come from, okay? and, you know, it's going -- i have fun handing in the program, but, you know, facts are facts,...
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May 21, 2012
05/12
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then they appealed that to the united states supreme court. they ruled that she should have that opportunity. my mom was excite and she was at the supreme court when they had the arguments and she came back to oklahoma excite and figured she was getting ready to go to law school. the admission period would end and said oklahoma just opened the university school of law. within seven days they created a law school just for her. the school was located in the state capital building and they hired two part-time attorneys and a part-time dean that was to be the separate but equal law school for her to attend. in the meantime, the naacp came up with another strategy. i have six other students to apply. one in emergencying and 1 in medicine and one in architecture and geology and several others. oklahoma knew the deal was up and they could not afford to have a deal separate education system. not only oklahoma, but every other university of higher education that knew they had the same problem. up until that problem, states had been using what they call
then they appealed that to the united states supreme court. they ruled that she should have that opportunity. my mom was excite and she was at the supreme court when they had the arguments and she came back to oklahoma excite and figured she was getting ready to go to law school. the admission period would end and said oklahoma just opened the university school of law. within seven days they created a law school just for her. the school was located in the state capital building and they hired...
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May 19, 2012
05/12
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supreme court. after the appeal the convictions were all overturned. they were tried again. this time four men were acquitted, two men were found guilty, and this time not sentenced to be electrocuted. they were sentenced to death at hard labor. these two appealed, their convictions were overturned again. this time one died in if -- in prison before he could be tried again, and he was the brother of the lady who got them help. the last one made a deal for time served. people think that this could not happen now, but i would refer you to the cases of the norfolk four that happened this century in virginia. so, unfortunately, not much has changed. the time period and the place are very important to this story. 1948 do 19353 -- 1948 to 1953. trenton, new jersey, was very southern. they had jim crow laws firmly in place. world war ii had ended only a few years previously. this is important because the main employer, robeling, who was famous for building the cables used in the brooklyn bridge, they were
supreme court. after the appeal the convictions were all overturned. they were tried again. this time four men were acquitted, two men were found guilty, and this time not sentenced to be electrocuted. they were sentenced to death at hard labor. these two appealed, their convictions were overturned again. this time one died in if -- in prison before he could be tried again, and he was the brother of the lady who got them help. the last one made a deal for time served. people think that this...
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supreme court in eight hundred eighty three in a case that as these verses alabama the supreme court of the united states two generations after the civil war was over will the tony pace marie cox she go to prison for having had sex while being born are different races from each other. as america woke up to the fact that people don't choose their race we're also and we're all just people here things changed but slowly harry truman integrated the u.s. military with an executive order in july of one nine hundred forty eight but the miseducation laws are still on the books and mixed race couples are still getting arrested simply because of how they were born in one nine hundred fifty four and brown v board of education the supreme court order schools integrated but in such a nation laws were still on the books and mixed race couples were still getting arrested because of how they were born richard in mildred loving he was white she was black were married in one nine hundred fifty eight washington d.c. a mixed race marriage was legal but they moved to virginia to live where it was illegal
supreme court in eight hundred eighty three in a case that as these verses alabama the supreme court of the united states two generations after the civil war was over will the tony pace marie cox she go to prison for having had sex while being born are different races from each other. as america woke up to the fact that people don't choose their race we're also and we're all just people here things changed but slowly harry truman integrated the u.s. military with an executive order in july of...
SFGTV2: San Francisco Government Television
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May 29, 2012
05/12
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fork cases where the person has two prior convictions, they would go to the california supreme court for further review, and four justices on the california supreme court would need to approve the governor's action in that case. the california supreme court spends over 1/3 of their time working on death penalty cases, and they are under enormous pressure financially. the entire judicial system is. while we do not know what the supreme court would do, it would certainly be a huge relief to them to have these death penalty cases go away. after the death sentences had been converted to life without parole, it would be a question of reclassifying the inmates and moving them into other high- security prisons across california. then, the question of where they were in the appellate process would have to be addressed by the courts. in fact, both people -- most people on death row are still waiting for attorneys to be appointed, so in most cases, their appeals have not even begun. not most, 45%. they do not have habeas counsel, and many do not even have their first appellate attorney. a lot
fork cases where the person has two prior convictions, they would go to the california supreme court for further review, and four justices on the california supreme court would need to approve the governor's action in that case. the california supreme court spends over 1/3 of their time working on death penalty cases, and they are under enormous pressure financially. the entire judicial system is. while we do not know what the supreme court would do, it would certainly be a huge relief to them...
SFGTV2: San Francisco Government Television
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May 22, 2012
05/12
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college, so i saw a lot of them change, including inmates who had been on death row prior to the supreme court overturning capital punishment. many of them were off of death row and sentenced to seven to life, and some of those individuals were paroled and have done very well out in society. i remember one who worked with the catholic church and worked through the restorative justice program to meet with surviving family members. it was actually televised. that is how much that individual changed. then he went on to have a very successful career and retired on a golf course in florida, as a matter of fact. they were debating the death penalty at the country club one day, and he said in two weeks, he would bring its former death row inmate. two weeks later, he walked in the room. he said that he immediately changed the minds of those arguing for the death penalty. that is just one powerful case, but there are many stories like that. i know that was not my question, but -- [laughter] >> your question was how could you bear to preside over an execution. how did you handle it? >> i would tell myse
college, so i saw a lot of them change, including inmates who had been on death row prior to the supreme court overturning capital punishment. many of them were off of death row and sentenced to seven to life, and some of those individuals were paroled and have done very well out in society. i remember one who worked with the catholic church and worked through the restorative justice program to meet with surviving family members. it was actually televised. that is how much that individual...
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May 27, 2012
05/12
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supreme court and there is significant cases. ll focus on all the cases plus -- not including the health care case. guesthere was the funding of ballot measures -- they have done a lot this term. guest: the court has several first amendment cases this term. that is an interesting one involving when union members can be compelled to participate in the political activities of the unions. right? host: that's the one, paying the union dues. guest: there is an interesting tension there. the citizens united case makes it easy for corporations to engage in political activities. it does not give shareholders much right to opt out of those kind of political activities. the court tends to treat humans differently they say union members cannot be compelled to fund political activities of their unions. this case is a very incremental cxase.of a k streethe do you have to send out a separate notice to union members? i don't think any earthshaking rule cannot invest the likely outcome in these human cases is that the core is protective of union
supreme court and there is significant cases. ll focus on all the cases plus -- not including the health care case. guesthere was the funding of ballot measures -- they have done a lot this term. guest: the court has several first amendment cases this term. that is an interesting one involving when union members can be compelled to participate in the political activities of the unions. right? host: that's the one, paying the union dues. guest: there is an interesting tension there. the citizens...
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May 29, 2012
05/12
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since 1983, moreover, when the supreme court handed down its decision in the bob jones case, federal law has allowed the internal revenue system to allow tax exempt status from any institution. in its majority decision signed by eight justices, the court rules that institutions, including religious institutions seeking tax exempt status must not only serve a public purpose but do so in ways that are not contrary to establish public policy that serve the public interest and that are not grossly at odds with what the eight-member majority calls common community conscience. many religious organizations take the position that opposing same-sex adoption cannot be equated with opposing comparable interracial activities. as a matter of fact in law, that is mostly correct for now. but some states have already moved to settle the issue in favor of same-sex couples and more, though not all, are likely to follow. there is no guarantee that public opinion will converge on what justice requires. the conscience of the community has often erred and will continue to do so. there are compelling reason
since 1983, moreover, when the supreme court handed down its decision in the bob jones case, federal law has allowed the internal revenue system to allow tax exempt status from any institution. in its majority decision signed by eight justices, the court rules that institutions, including religious institutions seeking tax exempt status must not only serve a public purpose but do so in ways that are not contrary to establish public policy that serve the public interest and that are not grossly...
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May 7, 2012
05/12
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but eisenhower's judicial appointments lasted decades later, and felix frankfurter said that the supreme court during this era was the eisenhower court. we all know it as the warren court, but it was the eisenhower court, and i'll tell you one of the great myths was that eisenhower didn't know what earl warren stood for. that is factually incorrect. he knew him well. his attorney general brownell socialized with warren and had run two presidential campaigns for him. knew exactly who he was so these books that float around and say eisenhower didn't know who warren was and how he stood on race is ridiculous. there was a tension between these two guys, and we can talk about that if you want to, but it was not race. it was presidential politics. >> we can come back to that. i want to now get to eisenhower's some say finest moment with regards to civil rights and that's, of course, what happened at little rock. gang, remember, we've said neither truman nor eisenhower looking for social equality, yet we now, as you have articulated very well, understand what eisenhower was doing that, he had the pow
but eisenhower's judicial appointments lasted decades later, and felix frankfurter said that the supreme court during this era was the eisenhower court. we all know it as the warren court, but it was the eisenhower court, and i'll tell you one of the great myths was that eisenhower didn't know what earl warren stood for. that is factually incorrect. he knew him well. his attorney general brownell socialized with warren and had run two presidential campaigns for him. knew exactly who he was so...
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May 30, 2012
05/12
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that is why this was a very important issue with the supreme court. court by a majority has come down saying they have to be respectful of the fact and other systems, this is what happens, the prosecutor can make these decisions without judicial oversight. i think that has left many of us feeling unhappy about the arrangement and to whether it really complies with our respect for the rule of law and independence of the judiciary to overview what decisions are made by prosecutors. it is not a happy situation that prosecutors can decide who they will have brought by warrant and by force back for questioning without any judicial intervention. >> helena kennedy, isn't it relevant at all that julian assange has not in fact been charged with any offense in sweden that? doesn't that have any bearing on the european arrest warrant? >> well, the european arrest warrant says you can be arrested in order to be questioned, but it is interesting assange volunteered to be questioned here the swedish embassy or scotland yard. he did not see why it was required he sho
that is why this was a very important issue with the supreme court. court by a majority has come down saying they have to be respectful of the fact and other systems, this is what happens, the prosecutor can make these decisions without judicial oversight. i think that has left many of us feeling unhappy about the arrangement and to whether it really complies with our respect for the rule of law and independence of the judiciary to overview what decisions are made by prosecutors. it is not a...
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May 13, 2012
05/12
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the supreme court decision. no armor. this is one of the key days after world war ii. this is one of the key industries. most supreme court decisions to an initial market for something as important as processed beef. we tested think. here is another. about the same time, very relevant today, corporations and people. the supreme court decision, again, like the 18th-century. it interprets the 14th amendment. passed after the civil war and intended to give freed slaves a full set of rights, intended. was that a minute former slaves jack the corporation. and it without even a splaying, they simply decided the corporation is the person giving them a full due process rights. allowing them to extend their power and create the national market, which i'm not criticizing. national market made america great. the question is how you get around historical states' rights , how do you get around the tradition of individual rights. with that these key supreme court decisions we would have had a national market. >> had did people react to make a veto western pennsylvania are ohio. >> o
the supreme court decision. no armor. this is one of the key days after world war ii. this is one of the key industries. most supreme court decisions to an initial market for something as important as processed beef. we tested think. here is another. about the same time, very relevant today, corporations and people. the supreme court decision, again, like the 18th-century. it interprets the 14th amendment. passed after the civil war and intended to give freed slaves a full set of rights,...
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with the rise of lobbying and the supreme court's obliteration of campaign finance laws with this is united ruling the process of writing laws is no longer democratic it's been privatized lobbying is now a six billion dollar a year industry corporations hiring politically savvy insiders many of whom are former hill staffers and members of congress themselves to write laws and then hand those laws off to current law makers to pass in exchange for campaign contributions this happens inside the washington beltway and outside as well as state capitals all around the country as corporate think tanks like alec gather mostly republican state lawmakers and corporate executives from all around the country to write legislation to be passed in state legislatures to everything from shoot first laws anti collective bargaining laws to anti e.p.a. laws they all have alex fingerprints on them and are actually being written by corporations like walmart koch industries and the lobbyists working for them not the written by you or me the voter or by our elected representatives a recent study out of cali
with the rise of lobbying and the supreme court's obliteration of campaign finance laws with this is united ruling the process of writing laws is no longer democratic it's been privatized lobbying is now a six billion dollar a year industry corporations hiring politically savvy insiders many of whom are former hill staffers and members of congress themselves to write laws and then hand those laws off to current law makers to pass in exchange for campaign contributions this happens inside the...
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May 27, 2012
05/12
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. >>> the supreme court ruled in 2005 that a juvenile can not be sentenced to death, even if he committed murder. now, in a case from alabama, the court is expected to rule next month on whether a juvenile convicted of murder can be sentenced to life in prison without any possibility of parole. alabama law says that is the others say even if they are murderers, children deserve a chance to change. tim o'brien's report includes excerpts from the debate inside the court when the case was argued. >> the alabama case before the supreme court stems from the brutal killing of 52-year- old cole cannon, whose body was found in the charred ruins of his mobile home nine years ago. authorities first thought it to be an accident, but bruises on cannon's body and his broken ribs prompted them to investigate further. it turned out to be a murder committed by a neighbor, evan miller, who was only 14 years old, and his 16-year-old friend, colby smith. it was in the early morning hours, the three had been drinking heavily. when cannon appeared too drunk to resist, the teenagers tried to rob him, but a fig
. >>> the supreme court ruled in 2005 that a juvenile can not be sentenced to death, even if he committed murder. now, in a case from alabama, the court is expected to rule next month on whether a juvenile convicted of murder can be sentenced to life in prison without any possibility of parole. alabama law says that is the others say even if they are murderers, children deserve a chance to change. tim o'brien's report includes excerpts from the debate inside the court when the case was...
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May 22, 2012
05/12
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the supreme court has declared partisan gerrymandering. ly refrain from making the same agreements. it seems appropriate to remind the memories of this distinguished awe yens that both legislatures an courts have adequate power. the tools to doing so have already been involved. racial man dering and in a number of supreme opinions by members of the court discussing political journey man. thank you for your attention an for your continuing efforts to improve the law. [applause] >> justice stevens, i think it's tomorrow that we go to our election law project. so we will do so with some serious words in our minds. justice stephens very kindly say that he might answer a question or two. i told him there might be some reluctance of people having these days listened to oral arguments on at least the radio. but if there are people who would like to ask questions, please stand up to one of the microphones. and identify yourself. yes, sir. >> good afternoon, justice. my name is paul molliker in chicago. did you see that the supreme court decided the case. that was a part of the gerrymandering
the supreme court has declared partisan gerrymandering. ly refrain from making the same agreements. it seems appropriate to remind the memories of this distinguished awe yens that both legislatures an courts have adequate power. the tools to doing so have already been involved. racial man dering and in a number of supreme opinions by members of the court discussing political journey man. thank you for your attention an for your continuing efforts to improve the law. [applause] >> justice...
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May 20, 2012
05/12
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by surrogate marshall who of course leader was on the supreme court. raymond alexander for the first time after a very long trial, three months, i forgot to mention both trials took three months, 15,000 pages of testimony that i had to go through and my eyes still haven't quite recovered from this experience. but raymond alexander in 1950 was hired by the u.s. state department to travel western europe to see the the african-american soldiers are being treated fairly. he was doing this in paris when he saw front-page newspaper headlines about trenton six pictures everything to have further stories about the trend in sex. he was amazed the story would be all over europe. the civil rights conference for getting lawyers for the men's appeal also had political machines. they also literally made the trenton six case known worldwide, and in 1950, this was a very hard thing to do. raymond alexander didn't like the publicity they created because they said blacks were treated unfairly in the united states. folks, this is one opportunity that you have to set at r
by surrogate marshall who of course leader was on the supreme court. raymond alexander for the first time after a very long trial, three months, i forgot to mention both trials took three months, 15,000 pages of testimony that i had to go through and my eyes still haven't quite recovered from this experience. but raymond alexander in 1950 was hired by the u.s. state department to travel western europe to see the the african-american soldiers are being treated fairly. he was doing this in paris...
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currently actually just recently the washington state state supreme court the oregon state supreme court heard arguments on the little murders to foreclose and also it was an issue that required an act of congress when the issue emerged where congress quickly passed the nature of the bill that would have made difficult for homeowners to challenge the well for closures that were improperly done with poor documents defective documents that were presented to the courts and so. the the settlement i'm not quite sure what it settled i think. what they did not say well. the issue rather than what was presented to the public with the settlement and i want to get more into that settlement as far as forward looking but first i want to back up because essentially you're saying that you were fired because this cabo didn't like your pessimistic point of view i also should mention that and your personal story that you've written you said you were told to include research include analysis from morgan stanley from goldman sachs so big wall street banks that were advising the c b o and at the heart of yo
currently actually just recently the washington state state supreme court the oregon state supreme court heard arguments on the little murders to foreclose and also it was an issue that required an act of congress when the issue emerged where congress quickly passed the nature of the bill that would have made difficult for homeowners to challenge the well for closures that were improperly done with poor documents defective documents that were presented to the courts and so. the the settlement...