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The N.C. State Bar has challenged the dismissal of disciplinary charges against two former Union County prosecutors, saying they committed felonies to win a death penalty conviction. Kenneth Honeycutt and Scott Brewer were charged with lying, cheating and withholding evidence in the 1996 murder trial. Honeycutt, the former district attorney in Union County, has since returned to private practice; Brewer is now a District Court judge in Richmond County. Last week, the bar's Disciplinary Hearing Commission cited a missed deadline in dismissing the case against them. But the bar's lawyers say there is no deadline to bring charges because the...

Many issues that affect our lives and shape our nation turn on judges' decisions on constitutional questions. Can students say "under God" in the Pledge of Allegiance? Can states take away private property for private uses? Can Congress restrict campaign contributions and expenditures? Answers to these and other constitutional questions depend critically on how one approaches the interpretive task. Any sensible approach to constitutional interpretation must look to the core sources of law - the text, structure, and history of the constitution. For many questions, these will provide enough guidance to answer the constitutional question presented. Yet in many other...

CALIFORNIAS courts have every reason to be worried about their funding being squeezed out by other priorities in the states deficit-ridden budget. But that does not justify curbing public control over public-spending decisions. The California Judicial Council, which oversees the states courts, last week approved a proposal for amending the state constitution. Among other provisions, it would create a Prop. 98-like spending protection and hand judicial salary decisions to an outside commission. In 2004, the Legislature agreed to tie court funding to the states appropriations limit, a complex formula based on growth in population, per capita income and other factors....

Supreme Court nominee Samuel A. Alito Jr.'s views on abortion caused a stir this week, but another memo that surfaced from his years as a Reagan administration lawyer was notable for its strong support of the police. Alito wrote that he saw no constitutional problem with a police officer shooting and killing an unarmed teenager who was fleeing after a $10 home burglary. "I think the shooting [in this case] can be justified as reasonable," Alito wrote in a 1984 memo to Justice Department officials. Because the officer could not know for sure why a suspect was fleeing, the courts...

Judicial society announces Greensboro location Michelle Cater Rash The Business Journal of the Greater Triad Area - 3:09 PM EST Monday The American Judicature Society formally announced Monday that its new Institute of Forensic Science and Public Policy will be coming to downtown Greensboro. Close to 100 city leaders, attorneys and judges gathered in the former City Club on the top floor of the Jefferson Pilot building for the announcement. The institute will be a think tank to look at forensic science standards for use by law enforcement agencies, attorneys and courts. The institute will be advised by the society's...

SACRAMENTO - About 42 percent of California's 15.8 million registered voters are expected to turn out for Tuesday's special election, a relatively high turnout that political experts said could hurt the chances for the governor's reform measures. Secretary of State Bruce McPherson on Friday said his prediction was based on absentee ballots, experience with similar elections, voter registration, record campaign spending, interest in local measures and "even the anticipated weather." Experts said the relatively high turnout in Democrat-leaning California makes it more likely at the polls that Democrats and independents will outnumber Republicans, who are traditionally dependable voters but are...

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"George Bush's judicial appointments as governor -- before he made his pact with the far right -- were generally pro-business conservatives who tended to be moderate on some of the social issues," said Ralph G. Neas, president of People for the American Way, which is leading the opposition to a strongly conservative appointment. "The problem as we see it today is that he later made irrevocable promises to the right to get elected that he would give them the courts." It has been clear in recent days that the religious right evaluated Bush's Texas appointments as a way to gauge...

Critics of SCOTUS nominee Harriet Miers make much of the fact that she hasn't argued a case in the United States Supreme Court. And in fact, they've been pretty harsh, some of them, in characterizing her record as a practicing lawyer. What's up with that? Anything to it? Well, heck, let's find out — shall we? Ever since Al Gore invented the internet, we've been living in the Information Age, so let's get some information! A search on Ms. Miers' name, run in a Westlaw database containing both state and federal court reported decisions from Texas, pulls up 19 separate...

"Who's In the Doghouse? Miers, Miers." Who Put Her In The Doghouse? Innerbelt Conservatives! I have the highest esteem for these conservative pundits, but they have shot a week of broadcast time condescending a woman who is an "unknown" to them. There is probably a lot they don't know. I just don't like hearing 7/24 what they don't know. Has Air America offered them better contracts?

Why Filibusters Should Be Allowed By George F. Will Sunday, March 20, 2005; Page B07 With Republicans inclined to change Senate rules to make filibusters of judicial nominees impossible, Democrats have recklessly given Republicans an additional incentive to do so. It is a redundant incentive, because Republicans think -- mistakenly -- that they have sufficient constitutional reasons for doing so.

Bush recoils from greatness By Pat Buchanan Oct 3, 2005 Syndicated columnist Handed a once-in-a-generation opportunity to return the Supreme Court to constitutionalism, George W. Bush passed over a dozen of the finest jurists of his day -- to name his personal lawyer. In a decision deeply disheartening to those who invested such hopes in him, Bush may have tossed away his and our last chance to roll back the social revolution imposed upon us by our judicial dictatorship since the days of Earl Warren. This is not to disparage Harriet Miers. From all accounts, she is a gracious lady...

More than half of Americans are angry and disappointed with the nation’s judiciary, a new survey done for the ABA Journal eReport shows. A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable." The survey results surprised some legal experts with the extent of dissatisfaction shown toward the judiciary. "These are surprisingly large numbers," says Mark V. Tushnet, a constitutional law professor at Georgetown University Law Center in Washington,...

I understand that it is pretty much a foregone conclusion that the Senate, perhaps as early as this week, will approve the nomination of John Roberts as chief justice of the United States. This tells us as much about the weakness of the Senate as it does the strength of this nominee. The institution would be a lot stronger if senators stopped indulging their egos by going on about how they would have decided individual cases and paid more attention to things that might shed light on a nominee's character. Things such as an offensive memo bordering on bigotry that...

An organization by the name of J.A.I.L. (Judicial Accountability Initiative Law) is shaking-up the status quo in South Dakota. What is happening in the Mount Rushmore State may end up being of great benefit to all of us… unless you live in a state with higher quality judiciary than is apparent in most other states. We’ve all heard the stories on cable news (you’d never hear them on network news). A man rapes and kidnaps an underage girl and is sentenced to a few months in prison (despite his criminal history). Children die because social workers say they have checked...

Gallup uses two questions to gauge Americans’ perceptions of the United States Supreme Court: one that simply asks whether Americans approve or disapprove of the way the court is handling its job and another that asks them to assess the level of confidence they have in the court. Both measures recently showed declines in the public’s perceptions of the high court. Supreme Court Approval Ratings Americans are now more negative than positive in their views of the Supreme Court, with 42% approving and 48% disapproving of the job the court is doing in a late June poll. These ratings are...

Regardless of the outcome of John Roberts’ confirmation hearings, it is plain that liberal Democrats have succeeded in making the entire process a grotesque caricature of what the Founders originally intended. As stipulated in the Constitution, the Senate has an “advise and consent” role in the appointment of Judges. Thus, the talents and wisdom of that body should properly be a worthy check on the President’s authority to make appointments. For most of the country’s history, that method worked well. Unfortunately, during the last few decades, Democrats allowed any vestiges of wisdom to be completely supplanted by the rancor of...

A Supreme Property Rights Disaster In The Making More Kelo on the SCOTUS horizon?... [James S. Burling] 8/15/05 After a term marked by the Supreme Court’s utter contempt for property rights, those of us who happen to think there is something special about allowing old widows to keep their homes were not prepared for an even more bitter defeat. Yet, that is what President Bush handed us with the nomination of John Roberts. The battle over property rights is not a conservative versus liberal thing. It’s more a struggle between those who believe in the power of the state to...

Supreme Court nominee Judge John Roberts, while serving as the head of Hogan & Hartson’s appellate division, spent about a dozen hours working on behalf of Playboy Entertainment Group in a case before the Supreme Court in 1999, his former colleague told HUMAN EVENTS.

Excerpts from the coming senate judiciary committee hearings on the nomination of Judge John Roberts to the Supreme Court. Arlen Specter (R-PA): Senator Allen, have you any questions of Judge Roberts? Senator Allen (R-VA): Yes I do. Good morning Judge Roberts. Judge Roberts: Good morning Senator. Allen: Your honor, my democrat colleagues on this committee have read tens of thousands of pages -- excuse me -- my democrat colleagues have had their STAFFS read tens of thousands of pages of documents and Lexis Nexis transcripts looking for some scandal to pin on you, and they have been unsuccessful. But I...

Schumer Is Right Judge Roberts should tell us what he thinks of Roe and other precedents. "Most opinion leaders and scholars think that asking a nominee to answer questions about a specific, already decided Supreme Court case is an appropriate line of questioning," Senator Chuck Schumer (D., N.Y.) told a gathering at the National Press Club on Wednesday. I can’t vouch for Sen. Schumer’s contention that “most” opinion is with him, but, for what it’s worth, I think he’s right. And that Ramesh Ponnuru, similarly, is right. Judge John G. Roberts Jr., or any nominee to the Supreme Court, should...

Some of you folks may be aware of the AFA (American Family Assn). If not, this email from them, requesting action, is new to you. I feel so strongly about this issue I decided to post that including my response here for your consideration in the hope that you will 'lift' it nad join us in the effort to reduce the chance of these hearings becoming a demonRAT platform for political posing.

"Estradification": In the spirit of confirmation battles spawning a new lexicon (e.g., "Borking") the Washington Times reports today [http://www.washingtontimes.com/national/20050721-115711-9900r.htm] on what some Republicans are calling "Estradification"--requiring the Justice Department to turn over internal legal memoranda written by Roberts while he worked in the SG's office. The refusal by the White House to surrender these sorts of documents was the basis for the Estrada filibuster (hence the name) as well as the current Bolton stalemate. Regardless of the merits of the request, it seems highly unlikely that the White House will surrender these documents. The tone of the article suggests that...

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The selection of Judge Roberts to the Supreme Court has hit another grand slam. It has left the Left “twisting slowly in the wind,” although the Left does not know it yet. Why? First, two years ago Judge Roberts was overwhelmingly confirmed by the United States Senate. Anything brought up now about his integrity or qualifications will look ridiculous, and it will make Democrats opposing him purely partisan. Second, Roberts is young, attractive and articulate. He looks like the “good guy” in any confrontation with frumps like Leahy, Kennedy and Schumer. This means that in a public relations battle,...

MOSCOW, July 19 (Itar-Tass) - The Moscow City Court is to pass a sentence on Vyacheslav Ivankov on Wednesday. On Monday, a 12-member jury unanimously cleared him of the charge of killing two Turkish citizens. Ivankov was freed in the courtroom. His lawyer Alexander Gofshtein told reporters that the court had discussed “consequences of the verdict of the jurors”. Prosecutor Maria Semenenko said that the prosecutor’s office would appeal the ruling of the jury in the Russian Supreme Court within ten days.

I secured a short reprieve from the American Family Association Center for Law and Policy for collecting examples of federal judicial misconduct in preparation for a congressional hearing to be initiated by Congressman Trent Franks (R - AX).

The end of the June 15 autopsy report on Terri Schiavo states that it is the policy of the medical examiner's officer "that no case is ever closed and that all determinations are to be reconsidered upon receipt of credible, new information." Whatever new information, if any, comes to light, the facts of who she was and how she died will inevitably change the way many of us confront our own deaths. Pat Anderson, for a long time the attorney for Terri Schiavo's parents, said the day Terri died of dehydration — as ordered by the courts and her husband...

Jul 13, 3:14 PM WASHINGTON -- Just in from the streets, an intern who wishes to remain anonymous spoke of Mr. Rove as being the next nominee to the Supreme Court in an announcement which will be made publicly by President Bush on June 29, 2005. The intern qualified President Bush's selection as one of consideration, taking into account his meetings with the senators before deciding. One of the others who was said to be under speculation was Judge Brown. As a result of the recent hospitalization of Justice Rehnquist, she may still be soon appointed. Future updates will be...

Last week the president admonished conservatives for daring to suggest that Attorney General Alberto Gonzales would be an unacceptable Supreme Court nominee because of an opinion he wrote in a Texas parental-notification case while serving on the Texas supreme court, and because of his role as White House counsel in watering down the administration's brief against reverse discrimination in admissions policies at University of Michigan. Keep in mind, conservatives have been respectful in their criticism of Gonzales. There have been no personal attacks or false accusations. And these are the same conservatives who went to bat for Gonzales when the...

The four senators who met with President Bush at the White House Tuesday morning discussed a number of potential Supreme Court nominees, but Senate Minority Leader Harry Reid said he thinks they've agreed not to name those names. "We have a long ways to go," Reid (D-Nev.) told reporters after the breakfast meeting at the White House. He said President Bush has hundreds or thousands of names to go through and "he didn't give us any names." Nevertheless, Reid added, "There were a lot of names discussed at the meeting, of which we're not going to talk about any of...

With Sandra Day O’Connor’s recent resignation from the U.S. Supreme Court and the expected resignation of Chief Justice William Rehnquist, there is no shortage of talk about who should replace them. Senate liberals demand that the President “unite America” by nominating a moderate, consensus candidate. They further demand that the President consult with them and allow them to pre-approve the nominee. Senator Chuck Schumer (D-NY) argues that these nominations are “an opportunity for President Bush to bring the country together.” By this, Schumer means that the President should appoint the sort of judge that John Kerry would have appointed had...

Don't look now, but the sky is falling. At least that's what the liberal interest groups that have mobilized this week in preparation for the battle over Justice Sandra Day O'Connor's replacement to the Supreme Court would have you believe. Within minutes of the announcement of O'Connor's retirement, the dinosaurs of the Left took to the airwaves to attempt to frame the debate. Planned Parenthood cried that "women's health and safety [are] on the line." People for the American Way shrieked that our "very national identity hangs in the balance." Kim Gandy, president of the National Organization for Women, declared...

List of Characteristics Important to Black Americans Cited Today's announcement of a vacancy on the U.S. Supreme Court provides President George W. Bush with an important duty that has the potential to affect judicial decision-making for generations to come. Members of the black leadership network Project 21 are calling upon the President to ensure that all nominees under consideration will preserve and protect the U.S Constitution. Peter Kirsanow, a Project 21 member and commissioner on the U.S. Commission on Civil Rights, said: "I'm confident that the President will nominate someone with integrity and wisdom who understands that the proper role...

In light of the current Supreme Court vacancy to be filled and those upcoming, and since the words "advice/advise and consent" are being bandied about with veiled and blatant threats by the Democrats, the Founder's actual deliberations and decisions on this subject need to be recalled and re-stated. The Senate is Supposed to Advise and Consent, Not Obstruct and Delay I. The Framers of the Constitution Assigned to the President the Pre-Eminent Role in Appointing Judges. A. The President Alone Has The Power to Nominate Article II of the Constitution provides that the President "shall nominate, and by and with...

Presidential aides are floating White House Counsel Al Gonzales as a potential Supreme Court nominee. But nominating Gonzales could pit President Bush against some of his own supporters in a bitter confirmation battle. Citing "administration officials," the Washington Post reports that despite "frank opposition among conservative activists" Gonzales "is still very much in the running and might well be nominated—if not first, then eventually." Many Senate Democrats will oppose any Bush pick. But why would conservatives oppose Gonzales? At first glance, he seems like the perfect nominee. Gonzales is the President's longtime friend. Bush could make him the first Latino...

Dear Joe, The Fourth of July is a time for family, fun and fireworks. But something happened today that ought to remind everyone what this holiday really symbolizes -- the freedom that makes America great. That's exactly what hangs in the balance now that Sandra Day O'Connor has resigned from the Supreme Court. This is no small deal. Over and over, she was the Justice who cast the critical vote in 5-4 cases deciding the most important issues in our nation. Here's our bottom line for the johnkerry.com community heading into the holiday weekend: we can never let her be...

Another one of Bill Clinton's nastier legacies that he has left us (Besides Lib Fed Judges http://joeclarke.net/2005/05/bill-clinton-left-few-stinkers-over.html) is the infamous V.A.W.A. Violence Against Women Act which has proven to be anti-male overkill - offending millions of men through forced impoverishment, separation/divorce from their wives and children, and many times, jail - without any more of a reason than a casual accusation by an offended woman. VAWA was "conceived" [an awful word to feminists] in 1994 and has Hillary written all over it. See how Men Are Excluded From Violence Against Women Act. http://www.safe4all.org/essays/vawa2005 VAWA must be renewed in 2005...

President Bush came to Washington with the goal of serving as a domestic reformer. In 2000, he became one of the few Republican candidates to focus less on defense and more on reforms to domestic social programs and public education. That was before 9/11, and the ensuing wars in the Middle East. Then, it appeared that the audacious Bush doctrine would set the pace for the ultimate legacy that will be George W. Bush. However, early into his second term, President Bush has another opportunity to leave behind a sturdy legacy in the form of the court system. In the...

(United Socialist States of America) Well folks, we might just as well get used to it. As long as our country is being governed by a group of nine unelected and unaccountable federal judges where the majority consistently rules against the basic framework of our sacred US Constitution, we will continue to slide further and further into the crippling grip of socialist rule. Every time SCOTUS sneezes or takes a dump, they have the audacity of wiping themselves with the document they swore to protect and uphold. Considering the fact that seven out of nine of those over glorified Jurist...

The days of the judicial-filibuster compromise are numbered. The scuttlebutt on Capitol Hill these days is that the McCain compromise will vanish as soon as a Supreme Court nomination appears. That's because the so-called compromise has that one huge loophole: It allows Democrats to filibuster (and thereby block an up-or-down vote on) any nominee they define as an "extraordinary" circumstance. And if Democrats' recent behavior is any indication, "extraordinary" will be used as a ruse for discriminating against judges who give even the slightest hint of holding pro-life views or having faith in God. "Any agreement that opens filibusters to...

<p>The country is bracing for a bruising battle over filling a U.S. Supreme Court vacancy, a battle in which conservatives will praise "judicial restraint" and "deference" to popularly elected branches of government and liberals will praise judicial activism in defense of individual rights. But consider what the court did Thursday.</p>

Congressional Republicans are hoping yet again to split the Court of Appeals for the Ninth Circuit, which covers nine Western states and has issued some rulings to the dismay of conservatives, saying a breakup is the best way to reduce the caseload of the circuit's federal judges. Next week, Senator John Ensign, Republican of Nevada, plans to introduce a bill to split the circuit into three parts. Representative Mike Simpson, Republican of Idaho, has already introduced legislation that would create two new appellate courts for the area. And because the chairman of the House Judiciary Committee has linked the addition...

It sits in the beaming sunlight...waiting for someone to sit and ponder these words. “Justice will not be served until those who are unaffected are as outraged as those who are. Ben Franklin” It's a memorial dedicated to victims of crime, but Criminal Defense Attorney Alton Griffin says it was all wrong to put it on the courthouse lawn. “I don't know who it’s a memorial to. A memorial to ‘Sock it to em, I guess.” Griffin says it's an attack on the justice system. “There are over 600 lawyers in town.” He says 90% of them want it gone....

We’ve received a lot of calls over the last few days regarding the procedures to be followed if, in fact, a vacancy on the Supreme Court of the United States takes place at the end of the term. As it stands right now, it appears that the Supreme Court term will end during the week of June 27th. It is conceivable if a vacancy takes place, it could be announced the last day of the term. It is also probable that the White House would make an announcement as to the appointment of the replacement within 48 hours. There is...

LEBANON — Former Ohio Rep. Jean Schmidt edged former Congressman Bob McEwen by 705 votes in the special primary to pick the Republican to represent the party in an Aug. 2 election to replace former Congressman Rob Portman, according to unofficial totals. Schmidt won with 11,486 votes after results in Hamilton and Clermont counties were added to earlier returns showing McEwen with the lead among 11 GOP candidates running to replace Portman, who is leaving the 2nd Congressional District seat after 12 years to become the U.S. foreign trade representative.... Brinkman finished third with 8,554 votes, Hamilton County Commissioner Pat...

Republicans, fresh off the confirmation of five judges to the Appeals court, are finally feeling some momentum on an issue that has been stalled by Democrats for years: Republicans say the confirmations of long-filibustered judges William Pryor, Janice Rogers Brown, Priscilla Owen, David McKeague and Richard Griffin for the U.S. Appeals Court show that President Bush can get conservatives on the nation's highest courts despite the objections of Democrats. And it can happen without Republicans voting to eliminate judicial filibusters, a move known as the "nuclear option" because of the intense rancor it would cause. Now that the filibuster tiger...

Dr. Frist's Operation How the Senate majority leader played a game of filibuster chicken BYRON YORK NATIONAL REVIEW/JUNE 20, 2005 ON the morning after a group of 14 senators made a deal to end the standoff over Democratic filibusters of Bush judicial nominees, Senate majority leader Bill Frist found himself taking flak from all sides. Depending on who was speaking, Frist had wimped out, was unable to control his troops, or could not muster the support to trigger the “nuclear option� to put an end to the filibuster problem entirely. And that was just from conservatives. Other commentators said Frist...

THE SENATE filibuster agreement guaranteeing up-or-down votes for most judicial nominees creates a test for conservatives who rail against judicial activism. For decades, conservative politicians have objected to the use of the courts to bring about liberal policy results, arguing that judges should take a restrained view of their role. Now, with Republicans in control of the presidency and the Senate, President Bush has nominated a judge to the U.S. Court of Appeals for the D.C. Circuit who has been more open about her enthusiasm for judicial adventurism than any nominee of either party in a long time. But Janice...