Showing posts with label Chicago. Show all posts
Showing posts with label Chicago. Show all posts

06 October 2019

PASTPOST Kavanaugh "Unqualified" Said GOP S.Ct Justice John Paul Stevens


CreditYoichi Okamoto/Science Sourc







CreditJeff Roberson/Associated Press


". . . He also made forays into public debates. In 2018 he wrote an opinion piece, after a school shooting, calling for the repeal of the Second Amendment. Later that year he declared in a speech that Judge Brett M. Kavanaugh was unqualified for the Supreme Court because of his partisan language during a Senate hearing on his fitness for the court over an accusation he sexually assaulted a girl during high school. . . ."

from "Supreme Court Justice, John Paul Stevens, Who Led Liberal Wing, Dies At 99" by Linda Greenhouse, The New York Times, 16 July 2016

https://www.nytimes.com/2019/07/16/us/john-paul-stevens-dead.html?
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16 July 2019

John Paul Stevens, a moderate Republican and former antitrust lawyer from Chicago who evolved into a savvy and sometimes passionate leader of the Supreme Court’s liberal wing and became the third-longest-serving justice on the court before he retired in 2010, died July 16 at a hospital in Fort Lauderdale, Fla. He was 99.
The cause was complications from a stroke he suffered Monday, according to an announcement from the Supreme Court. The only justices who served longer were William O. Douglas, whom Justice Stevens replaced in 1975, and Stephen J. Field, a nominee of President Abraham Lincoln who served for much of the late 19th century.
During his 35-year tenure, Justice Stevens left his stamp on nearly every area of the law, writing the court’s opinions in landmark cases on government regulation, the death penalty, criminal law, intellectual property and civil liberties.
He also spoke for the court when it held presidents accountable under the law, writing the 1997 decision that required President Bill Clinton to face Paula Jones’s sexual harassment suit, and the 2006 opinion that barred President George W. Bush from holding military trials for prisoners at the Guantanamo Bay Naval Base in Cuba without congressional authorization.
But it was in his frequent dissenting opinions that Justice Stevens set forth a view of the law that seemed increasingly — but not automatically — liberal as the years went by and as the court shifted to the right.

Former Supreme Court Justice John Paul Stevens in Fort Lauderdale, Fla., on May 9, 2019. (Scott McIntyre/for The Washington Post)
A strong proponent of federal power, Justice Stevens sharply criticized the limitations Chief Justice William H. Rehnquist and his fellow conservatives put on Congress’s power to define and remedy violations of federal law by the states.
In Bush v. Gore, the 2000 election case that helped George W. Bush win the presidency, Justice Stevens lamented in dissent that the five justices who backed Bush would “lend credence to the most cynical appraisal of the work of judges throughout the land.”.  .  .  .
"John Paul Stevens, Longtime Leader Of Supreme Court's Liberal Wing, Dies at 99" by Charles Lane, The Washington Post, 16 July 2019

Copyright 2019 Martin P. All World Rights Expressly Reserved (no claim to The New York Times content nor The Washington Post content)


17 July 2019

GOP Justice John Paul Stevens Dies 99 S.Ct Top Liberal Said Kavanaugh Unfit


CreditYoichi Okamoto/Science Sourc







CreditJeff Roberson/Associated Press


". . . He also made forays into public debates. In 2018 he wrote an opinion piece, after a school shooting, calling for the repeal of the Second Amendment. Later that year he declared in a speech that Judge Brett M. Kavanaugh was unqualified for the Supreme Court because of his partisan language during a Senate hearing on his fitness for the court over an accusation he sexually assaulted a girl during high school. . . ."

from "Supreme Court Justice, John Paul Stevens, Who Led Liberal Wing, Dies At 99" by Linda Greenhouse, The New York Times, 16 July 2016

https://www.nytimes.com/2019/07/16/us/john-paul-stevens-dead.html?
---------------------------------------------------------------------------------------------------------------------









16 July 2019

John Paul Stevens, a moderate Republican and former antitrust lawyer from Chicago who evolved into a savvy and sometimes passionate leader of the Supreme Court’s liberal wing and became the third-longest-serving justice on the court before he retired in 2010, died July 16 at a hospital in Fort Lauderdale, Fla. He was 99.
The cause was complications from a stroke he suffered Monday, according to an announcement from the Supreme Court. The only justices who served longer were William O. Douglas, whom Justice Stevens replaced in 1975, and Stephen J. Field, a nominee of President Abraham Lincoln who served for much of the late 19th century.
During his 35-year tenure, Justice Stevens left his stamp on nearly every area of the law, writing the court’s opinions in landmark cases on government regulation, the death penalty, criminal law, intellectual property and civil liberties.
He also spoke for the court when it held presidents accountable under the law, writing the 1997 decision that required President Bill Clinton to face Paula Jones’s sexual harassment suit, and the 2006 opinion that barred President George W. Bush from holding military trials for prisoners at the Guantanamo Bay Naval Base in Cuba without congressional authorization.
But it was in his frequent dissenting opinions that Justice Stevens set forth a view of the law that seemed increasingly — but not automatically — liberal as the years went by and as the court shifted to the right.

Former Supreme Court Justice John Paul Stevens in Fort Lauderdale, Fla., on May 9, 2019. (Scott McIntyre/for The Washington Post)
A strong proponent of federal power, Justice Stevens sharply criticized the limitations Chief Justice William H. Rehnquist and his fellow conservatives put on Congress’s power to define and remedy violations of federal law by the states.
In Bush v. Gore, the 2000 election case that helped George W. Bush win the presidency, Justice Stevens lamented in dissent that the five justices who backed Bush would “lend credence to the most cynical appraisal of the work of judges throughout the land.”.  .  .  .
"John Paul Stevens, Longtime Leader Of Supreme Court's Liberal Wing, Dies at 99" by Charles Lane, The Washington Post, 16 July 2019

Copyright 2019 Martin P. All World Rights Expressly Reserved (no claim to The New York Times content nor The Washington Post content)



12 April 2015

Facebook "Amassed The World's Largest Privately Held Database Of Consumer Biometrics Data" Claims Class-Action Lawsuit By "Hated" Law Firm Believed To Have Recovered $1 Billion For Tech Firm Privacy Violations

     Sunday, 12 April 2015, SAN FRANCISCO - In the face of longtime U.S. government lassitude in enforcing privacy, anti-trust and other laws against giant technology firms such as Facebook, Google, Amazon and a host of others big and smaller doubtless largely because of the documented complicity of most if not all giant tech firms in contributing data to continuing blatantly unconstitutional U.S. government domestic mass surveillance and data collection operations even as European regulators have pounded these tech behemoths with privacy and other violation rulings and huge fines to which big tech seems all but impervious, there is one most unlikely lawyer Jay Edelson, 43, and his most unconventional law firm Edelson PC (whose 20 lawyers reportedly wear hoodies sporting the firm's logo to work) which has been taking a leading role in class-action attacks using mostly older laws against these technology monsters based on their invasions of Americans' privacy and has earned Mr. Edelson the New York Times tribute (or condemnation depending on one's point of view) of being "if not the most hated person in Silicon Valley, very close to it" as well as earning Edelson PC an estimated $1 billion in recoveries from these companies for alleged privacy violations.
     The class-action lawsuit brought most recently by Edelson against Facebook for its allegedly "private" data collection from use of widespread facial recognition biometric technology which as reported here in an earlier Ninth Amendment post immediately had European regulators up in arms long ago yet met with a resounding silence in the U.S. is but one in a very long series of Edelson class-action lawsuits against a virtual who's-who of tech companies which also recently saw the United States Court of Appeals for the Ninth Circuit rule that the named plaintiff had standing in another Edelson lawsuit claiming misinformation about him was sold by Spokeo a search engine that purports to sell all the (presumably correct) information it can gather on a person to whomever wishes to pay for it. Spokeo is appealing that ruling to the U.S. Supreme Court with plenty of friendly firepower provided by lawyers for other big tech companies in the form of amici curiae (friends of the Court) briefs. Mr. Edelson noted that since the revelations of contractor Edward J. Snowden of massively unconstitutional privacy breaches by the National Security Agency (N.S.A.) that courts have been much more willing to allow cases to go forward for widespread abuses and violations of Americans' privacy rights. The Federal Trade Commission (FTC) reportedly finally also has picked up the pace of initiating some actions. (The unofficial U.S. government regulatory motto being: "We're slow, but we're here.")
     Meanwhile Facebook unsurprisingly vigorously denies the charges filed against it claiming that Facebook users could turn off facial recognition biometric technology (if only they knew where to look in the notoriously confusing ever "evolving" user privacy controls of that Zuckerboy enterprise). This in fact also points to a bigger issue which may be facing Edelson in the future being that merely by clicking on a box users of many computer applications allegedly now are agreeing to the extremely lengthy "terms and conditions" which increasingly somewhere buried in them contain mandatory arbitration clauses as the days seem long gone when courts actually ruled in such cases for example against insurance companies that used such (once) obviously deceptive devices as "adhesion contracts" which virtually no one read and if they did found them essentially impossible to understand and digest much less being able to have them changed in any case if they did. Nevertheless Edelson PC reportedly took on one such matter with an arbitration clause against AT&T by filing dozens of arbitration cases just to "send a message" to other tech giants (although AT&T reportedly still does have the arbitration clause in its contracts which the Ninth Amendment thankfully has not had occasion to review).
     Whatever the case Mr. Edelson and his firm would seem to be undaunted based on his interview in San Francisco in the article linked to below as well as in viewing the photographs therein showing lawyers and/or staff from Edelson PC back in Chicago engaged in a seemingly casual untroubled game on a ping-pong table which apparently occupies one corner office of the most colorfully decorated firm of the "Billion Dollar Man" who some believe a chamption of privacy rights and others just another class-action scoundrel. In full disclosure Mr. Edelson is a graduate of the University of Michigan Law School which also was attended by a member of the Ninth Amendment's editorial board albeit in a different time period with no compensation sought nor provided for the publication of this post. Readers interested in more information concerning the above including some of the more obscure statutes relied on in lawsuits brought by Edelson PC can go to the link below.
       
http://www.nytimes.com/2015/04/05/technology/unpopular-in-silicon-valley.html?smid=fb-share&_r=0

Copyright 2015 Martin P. All World Rights Expressly Reserved

04 July 2013

Life, Liberty And The Pursuit Of Happiness You And Country United States Birthright Declared July 4, 1776

       7 July 2013, JOHNSTON ATOLL, PACIFIC OCEAN - What better place to celebrate the Fourth of July than back out here on the old Atoll fond memories of C-130s passing wingtip-to-wingtip day and night ferrying napalm and agent orange, corpses, top secret mixed radioactive-hazardous waste in decaying drums (now if readers wish to give themselves a real do-it-yourself brain workout on the law, NOLO-style, get yourself a used group of pertinent sequential copies of the parts and sub-sections of the Code of Federal Regulations, any edition will do, and try working yourself through just exactly what qualifies for the "definition" for purposes of pick your federal law -- even the D.C. Circuit Court of Federal Appeals which used to be the breeding ground for the U.S. Supreme Court before the Republicans just started grabbing the highest bidder directly from the John Birch Society University of Chicago chapter, yes even the D.C. Circuit when trying to work its way through the fifteen or so page maze analysis which also kept looping back on itself in top federal drafting style did finally reach the end, its only judicial comment was "Now that we have completed that part of the mind-numbing analysis. . . .")
       Yes as we were saying what better place for the editorial board of the Ninth Amendment to meet for some deep contemplation on the Fourth of July in a place where one really could not forget for a moment what they have been doing at breakneck speed to our "from sea to shining sea", okay land where our fathers died, that was one thing, but land where our grand-children die from strange food additives, mercury in their fillings, crap in their vaccines, Texas, you name it, this is all getting to be a little too much. It's right there, well, here in the link that directly follows this sentence, we meant to put the Declaration of Independence in for sure on the Fourth, but well it is a long story and we no doubt will tell it at some point. www.archives.gov/exhibits/charters/declaration_transcript.html
       Anyway as we were saying we can all see it right there for ourselves, the Founding Fathers expounding on the "Pursuit of Happiness" as a bedrock justification for throwing off the yoke of (English) oppression and really getting down without even a tax on those party-time commodities we are live and will die for but, man, could they have had even less on their minds than we, and they having just taken on the biggest superpower in the world with a bunch of guys with varmint rifles and pitchforks, since as we see it we now have a lot more people just worrying about the "life" and the "liberty" parts than too much about some right to pursue happiness. . . . do they not always show up to rain on our parade, you know who we are talking about, the ones who have been showing up and doing that all our lives since we finished the first treehouse or, uh, decorated the first dollhouse, the ones who, well, are like that guy who got on "Further" and started bumming everyone out big-time getting in their face until he tried it with Ken Kesey towering over him who just said, "Take your bad trip, man, and go someplace else." End of story.
       These are the times that demand the good doctor. We knew it. We knew it, and we told you so. It has gotten to the point where we just must have the red convertible screech up burning rubber in a wide 180 degree turn and Dr. Thompson stepping out over the door and telling it like it is. These are sick and dangerous times. This Fourth of July has been not just a time of celebration but a time of deep reflection.
      Where we were on the Fourth they were blowing them off until dawn, and they were not the City's fireworks which sputtered out into the sky hours before, these were MUNITIONS coming out of crates stamped for the Colonel's letter (that is an extra credit reference), they were shaking the glass in the windows and rumbling all around for miles with nothing at all to see just the voices of people running around in the night, jumping between rooftops, drowning out those deafening new sirens developed from the ATF ones used on Koresh before they burned and gassed them out of Waco, using helicopter and ground-mounted automatic weapons shooting the women and children as they tried to run for safety out the back of the "Compound", were they would not let the media go. No, you never shoot a . . . .
       Hey, so some wonder what we are doing celebrating the Fourth a few days late. Well you try to get a civilian seat into the Atoll, chances are you too may find yourself with a few days to burn in Agana, watching the Air America flights come and go in the night, sitting up sitting sipping a giant rum with your hunting knife jammed in a grapefruit waiting for the sun to come up "Where America's Day Begins".
       Kudos to the interns, this time we did not change a thing on their post, readers can see it all still there, typos and all, as it happened that last post did pull in a new record number of readers to the Ninth Amendment log, and who wants to go messing up a good thing, that is unless you are in Government, military defense contracting, or food "manufacture". As they say on the license plates and in greeting on Guam, "Hafa Adai". In other words, "What?"

Copyright 2013 BigM All World Rights Expressly Reserved