It’s understandable that people are dissatisfied with the report of Supreme Court Marshal Gail Curley’s investigation into who leaked the draft Dobbs decision. After all, it came up empty as to the Court’s staff, and left out any discussion of the very people who so many truly thought, and passionately wanted, to be the culprit.
After the reaction to the report reached fevered pitch, Curley released a separate statement to calm the savage beast. Continue reading
When Melissa Rauch, formerly “Bernadette” of the syndicated sitcom “The Big Bang Theory,” announced her next project would be a reboot of “Night Court,” I raised an eyebrow. When Rauch announced she would be an executive producer in addition to starring in the series, I blinked a couple of times in surprise. Any fan of the original series that lasted over a decade will gladly tell you stepping into Harry Anderson’s chambers for Manhattan Criminal Court Part 2 is an extremely tall order for any actor.
Which is why Rauch’s approach—calling this new series a “newboot”—works so well. In fact, two episodes in and I already feel at home in that dingy courtroom again. Continue reading
Is it any big surprise that Alec Baldwin will be charged with two counts of involuntary manslaughter? Well, despite his inability to remain silent in the face of having killed someone, it is a surprise.
He told detectives he had been assured the gun he was rehearsing with that day did not contain live ammunition, sat down for an extensive television interview, sought indemnification from financial liability in the case and then sued crew members on the film, claiming that they were responsible for handing him a loaded gun.
When quitter Andrew Cuomo nominated former Westchester County District Attorney Janet DiFiore as Chief Judge of the New York Court of Appeals, there was, to be mild, unhappiness. This was not the choice one wanted from a Democratic governor, a conservative prosecutor in the top state judicial post. But Cuomo had the juice to overcome objections, and since there was little expectation that Cuomo’s pick wouldn’t be approved, others fell in line so as not to make enemies with this unfortunate choice.
Cut to yesterday’s judiciary committee vote in the New York Senate for formerly fill-in, now newly-elected, governor Kathy Hochul of the hinterlands. It did not go as well as Judge DiFiore’s vote. Continue reading
Granted, I came of age when there was no such thing as a bike helmet. Not only did we ride bikes, but we did so everywhere, for great distances, without a second thought. And whether we were on a fancy three-speed English racer or a hip Sting Ray with its banana seat and butterfly handlebars, it was freedom for a kid and our only means of transportation.
I never wore a bike helmet. No one did. And I survived. But then I met Ted, the father of one of my daughter’s friends, who had been an avid bike rider when he was in an accident, went over the handlebars and was severely brain damaged. Ted was such a sweet guy, but what remained was a shell of a human being. It was so sad. I would never let my kids ride without a helmet, even if the law permitted otherwise. But the law didn’t, and I understood why. Continue reading
There is law. There is duty. And then there is the question of discretion, who gets to decide whether it’s to be executed or not. This is an issue that’s reared its head on numerous levels over the past few years, most notably when progressive prosecutors ran for and won office upon the campaign promise that they would categorically refuse to prosecute laws with which they disagreed.
There’s no doubt that a prosecutor has the individualized discretion to decide not to pursue a particular case. Maybe the evidence isn’t there. Maybe the facts and circumstances are such that she feels it would be an improper or counterproductive exercise of authority. Regardless, it’s within their authority to decide to toss a case. But individualized discretion is very different than categorical exceptions. Continue reading
There are few people whose words are seized upon to make arguments they never made, never intended, never believed, more than MLK. The reason why is obvious, as they were so respected and revered that the influence of an appeal from authority was undeniable. The problem is that they aren’t here to refute the motives and meanings put into their mouths.
And, indeed, if they were here, perhaps they would have approved of the ideas others impute to them, but it’s disingenuous to use their memory, their words spoken more than 50 years ago, in a different world, with different understandings and different problems, than are now perceived. Continue reading
Although the Supremes have yet to hand down rulings in the Harvard and University of North Carolina affirmative action cases, it’s assumed that the Court will limit, if not eliminate, the use of race in college admissions. Whether it was called holistic or a collateral consideration only for the educational purpose of creating diverse classrooms on campus, it turned out that it served to produce racial quotas despite all the pretty bows tied around the admission decision. Acceptance for some. Denial for others. Race being the distinction between the two.
In anticipation, colleges are preparing to deal with the aftermath, eliminating standardized testing requirements which, they contend, favor wealthier white students who can afford test prep courses, as well as legacy admissions, sports recruitment, scholarships based on race, early admission, all of which for one reason or another are argued to favor white students over “Black and Latinx” (as if Asians didn’t exist). But I digress. Continue reading
Governor Kathy Hochul nominated the Presiding Justice of the New York Supreme Court, Appellate Division, Second Department, Hector LaSalle, to be Chief Judge of the New York Court of Appeals, filling the vacancy of former Westchester County District Attorney Janet DiFiore, who had replaced Jeanine Pirro when she was bumped to judge to get her out of the job. One of the things people often fail to realize is that political parties use judgeships as payoffs or dumping grounds to get rid of people.
Why Justice LaSalle is unclear. Was this payment of a debt? It’s hard to imagine that Hochul knew or cared anything about him personally, as she couldn’t find Brooklyn without a map, and LaSalle’s history was as a prosecutor, a past position over-represented already. The last thing New York needed was another former prosecutor on the Court of Appeals, keeping them the majority voting bloc as appointed by Dem governors who feared being viewed as soft on crime. Continue reading
“I thought I made it clear no cell phones are allowed in my courtroom!”
Judge Marvin Hullander’s face registered equal parts befuddlement and annoyance when he saw James Benjamin set a device that looked like an iPhone at the defense table.
“If I may, your honor?” a voice came from the back of the courtroom. A well-dressed man raised his hand and proceeded to make his way forward. “Stan Sampson, President of Advanced Idea Mechanics. What Mr. Benjamin has in front of him isn’t a cell phone. It’s his attorney.”
“Do what now?” Judge Hullander sputtered. Continue reading