So many of you were kind enough, concerned enough, to contribute to Protect Misha and rightfully wonder where your money went. While it would be extremely unwise to provide any advance notice of what David was doing, I can now tell you that he delivered 120 vests, more than two tons of body armor, to Ukraine yesterday. David sent back some pics of the delivery.
Author Archives: SHG
Prosecutorial Immunity: A Line That Can’t Be Crossed
One of the ubiquitous warnings is that human beings are invariably imaginative in the ways they cross lines no one would ever expect to be crossed. “Who would do such a thing?” is the obvious refrain when someone comes up with an outlandish act for which the law has no good answer. And then someone does it, or some variation of it, and the law is found lacking.
Midland County, Texas, assistant district attorney Ralph Petty did such a thing, though not without the willing complicity of Judge John Hyde, who died in 2012. What he did was unfathomable, except to Petty and Hyde. Continue reading
Tuesday Talk*: From CROWN Down
When Chris Rock made the G.I. Jane 2 joke that launched a thousand op-eds, one issue that arose was that men do not make fun of black women’s hair. Not women in general. Black women. They are, apparently, particularly sensitive about the issue of hair. I recall one of the women of The View explaining that she had a room in her mansion just for her wigs. She was black. This was a source of some hilarity, but likely only because she raised it.
This sensitivity gave rise to the New York City Human Rights Commission holding it unlawful to discriminate on the basis of black hairstyles. But that was New York City, where silliness abounds and they get what they deserve. Except what of the federal CROWN Act? Continue reading
Short Take: Broken Senate, Broken SCOTUS
There was no serious question among serious people that Judge Ketanji Brown Jackson was qualified to become an associate justice of the Supreme Court. She was no Bork. She was no Thomas. Efforts to Kavanaugh her were ridiculous to anyone with any knowledge and experience in law. What she was not was ideologically conservative, even though she’s quite clearly within the mainstream of judicial philosophy.
That means she wasn’t the person a Republican president would pick, which is fine but for the fact that Biden is a Democrat, Biden is president and you ran Trump as your candidate and got what you deserved. A loss. So you don’t get to pick the person you prefer and Biden does. That’s how it’s supposed to work. Continue reading
Crimes That Aren’t
On Friday, Lizelle Herrera, 26, was arrested by the Starr County, Texas, sheriff for committing a “self-induced abortion.” On Saturday, Frontera Fund, an abortion rights group, paid her $500,000 bail. On Sunday, Starr County District Attorney Gocha Allen Ramirez announced he will move to dismiss the indictment.
“It is my hope that with the dismissal of this case it is made clear that Ms. Herrera did not commit a criminal act under the laws of the state of Texas,” Mr. Ramirez said.
Hanging On The Telephone
From Millennials to Zoomers, the telephone is hated. There are, of course, the usual reasons, that too many calls are spam or robo crap, which can be weeded out by only answering calls when the Caller ID tells you it’s someone you know. But much as there are some collateral excuses, the fact remains that they hate talking on the phone. Given that my generation might share their annoyance of calls, but feels no dread and loathing at the thought of speaking directly to another human being, I wondered why.
So I asked. Continue reading
The Buck Stops Where?
We decided on a burger for dinner last night, so Five Guys it was. Dr. SJ did the ordering and, when she was done, informed me that my personal favorite, the bacon cheeseburger, was now $12.39. What? I quickly checked the google machine, and a website updated as of April, 2022, said it costs $8.69. But on the Five Guys online ordering website for the store by me, it was most definitely $12.39.
Short Take: Confirmed, But Not Yet Appointed
It may have happened before, but if so, I’m unaware of it. Judge Ketanji Brown Jackson has now been confirmed by the Senate as a Supreme Court justice, but there’s a problem. The justice she would replace, Breyer, has yet to retire. He announced he would at the end of the term and there’s no reason to believe he won’t. But what if he changes his mind?
As Ed Whelan noted, the process for the appointment of a Supreme Court justice involves three distinct steps: Nomination, confirmation and appointment. KBJ has passed the first two, but the third won’t happen until the president signs off on her appointment, and that can’t happen until there is a vacancy. Until then, KBJ remains a judge of the D.C. Circuit. Continue reading
Bail Reform, Fun While It Lasted
New York’s default governor, Kathy Hochul, has reached consensus on a new budget that includes money for a new stadium for the Buffalo Bills (whoever they are), billions for child care, a state gas tax holiday and “strengthening bail restrictions.” Why, you ask, would something relating to bail be in a state budget? It’s an election year.
It was 2019 when the NY lege, filled with brand new assemblypersons and senators, made a host of reforms based not on knowledge and experience, but the fevered wishes of the most progressive wing of the criminal defense side of the courtroom, and an interesting experiment was begun. With this budget, the experiment comes to its first end. Continue reading
Locke Was A Bad Shoot, But Not A Crime
To the binary mind, it can’t be possible. If a cop shoots and kills someone, it’s either a good shoot or a crime, whereupon the cop is either prosecuted or it proves the system is corrupt and evil cops can get away with anything. Minnesota police officer Mark Hanneman shot and killed Amir Locke. It was a bad shoot. But it was no crime.
“Amir Locke’s life mattered,” Attorney General Keith Ellison of Minnesota and Michael Freeman, the Hennepin County attorney, said in a joint statement. “He was a young man with plans to move to Dallas, where he would be closer to his mom and — he hoped — build a career as a hip-hop artist, following in the musical steps of his father.”


