Fogbow

This is a fascinating and deeply researched history of Rosenberger v. Rectors and Visitors of the University of Virginia, decided in 1995. @Rachael_e_Jones is the first, to my knowledge, to make use of archival papers related to the case. She has some finds that will be of interest to legal historians, church/state scholars, and those interested in @UVA history.

On Nov. 9, 1989, Justice Scalia wrote to Robert O'Neil, then president of @UVA, who had invited the justice to receive the Thomas Jefferson Award, UVA's highest honor. In his letter, Justice Scalia criticized UVA for rejecting admission of three of his children.

While I expected no special consideration because of my years on the faculty of UVa, I did expect my children to be evaluated fairly and carefully on their merits. I believe two of them were treated either with intentional disfavor or with gross neglect.

He concluded by saying: "I will not accept the Jefferson Award, or anything else, from the University of Virginia. Not now. Not ever."

SACRAMENTO, Calif. (AP) — A federal judge has overturned California’s three-decade-old ban on assault weapons, calling it a “failed experiment” that violates people's constitutional right to bear arms.

[...]

In his 94-page ruling, the judge spoke favorably of modern weapons and said they were overwhelmingly used for legal reasons.

“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle," the judge said in his ruling's introduction.

tek wrote: ↑Sat Jun 05, 2021 4:21 pm Don't know if 'Rightwing' but...

bob wrote: ↑Wed Aug 18, 2021 4:06 pm The repeached Florida Man nominated VanDyke to the 9th, and ABA rated him "not qualified," in part due to ... his poor temperament.

(He's also the nominee who cried at his confirmation hearing.)

KickahaOta wrote: ↑Thu Aug 19, 2021 2:02 pmAfter reading this whole dissent, I'm left with the feeling of "This person doesn't have the temperament to be on the bench; this is written in a very unproductive manner; and it may very well be correct on the merits."

The Ninth Circuit's handling of precedent and en banc rehearing have always struck me as looser than other circuits.

bob wrote: ↑Thu Aug 19, 2021 2:42 pm Having said that, the 9th has (or, perhaps more accurately, had) some very "principled" liberals with profound disagreements with some federal laws. I have no doubt they based their beliefs on "upholding the Constitution."

• 'The great majority of your opinion is no longer essential to the outcome.' (Is that true? I'd say that it's at least partially true.)
• 'You're just leaving all that stuff in to try to force future panels to follow it.' (Is that true? I obviously don't know.)
• 'The way our circuit handles dicta means that this may very well work.' (Is that true, and is it really so different than other circuits? This is what I was really curious about.)

Newell, a Republican, has been Caroline County's only Circuit Court judge, earning $174,433 annually. The county, population 33,000, also has an appointed family magistrate judge, and civil case examiners. Judges from other jurisdictions have been filling in to hear Newell's docket, the judiciary has said.

Tiffin judge suspended for forcing court spectator to get drug test

By Shaun Hegarty
Published: Nov. 10, 2021 at 4:50 AM CET

TOLEDO, Ohio (WTVG) - Ohio’s highest court is holding a local judge accountable for his behavior.

A Tiffin judge sent a woman to the Seneca County jail for refusing to take a drug test, despite the fact she was not on trial and not causing any kind of disruption. Now Judge Mark Repp must serve a one-year unpaid suspension for his actions.

Alexzandria Orta was in the Tiffin-Fostoria Municipal courtroom last year to observe a drug court hearing for her boyfriend, Trevor. Judge Repp addressed her while he was hearing other cases and asked her to take a drug test. When she refused, the judge held her in contempt and put her in handcuffs.

“I figured he couldn’t do it so I wasn’t going to take it, but I was scared to leave there because I didn’t want to get in trouble if I left,” said Orta.

When Orta refused to take the drug test, the bailiff brought her back to Repp’s courtroom, where he found her guilty of contempt and sentenced her to 10 days in prison or until she submitted to the drug test.

To complicate things further, her two children were in the car outside the courthouse with their grandparents.

A.O. told a correctional officer she would take the drug test. The officer replied that she could not and that she already “had her chance.”

The next day she appeared in front of Judge Repp and even the prosecutors asked to dismiss the contempt charge. Seneca County Prosecuting Attorney Derek DeVine said he was unaware of any legal authority that would permit the judge to hold a courtroom spectator in contempt for refusing a drug test, according to a press release from the Ohio Supreme Court. Judge Repp offered no legal authority to support his conduct but stated he had a right to control his courtroom.

The state Board of Professional Conduct charged Judge Repp with ethical violations and now the Ohio Supreme Court has upheld Repp’s one-year unpaid suspension.


https://www.13abc.com/2021/11/10/tiffin ... drug-test/

Blocton, who became a judge in 2017 and later swore in Birmingham Mayor Randall Woodfin, allegedly used Facebook aliases to communicate with, and threaten, people who had cases before her.

She was alleged to have made members of her staff work extraordinarily long hours and take Phentermine – a diet pill – to “pep” them up after having worked late the night before.

The complaint alleged Blocton used and been under the influence of prescription pills in her chambers including, but not limited to, Phentermine.

“These pills created behavioral changes in Judge Blocton while she was performing her judicial duties, including but not limited to, becoming hyper-talkative and hyper-somnolent (when person experiences significant episodes of sleepiness) in chambers and on the bench, exhibiting paranoid behavior, such as talking in circles about the same topic for hours and expressing a belief that the commission or someone at its direction is ‘going to kill her.’’'

Judge wants ‘forgiveness and understanding’ after she’s caught on video calling suspect N-word

Last weekend a Lafayette City Court judge and her family were the victims of a car burglary at their home. Police were called and the suspect was arrested. But, of course, that wasn’t the end of it.

Days later, Judge Michelle Odinet and her four children were captured on cellphone video watching security footage of the moment the suspected burglar was apprehended. And oh boy, did that family enjoy watching it. They whooped and hollered as they joyfully commented on the home surveillance video, calling the suspect, a Black man, a “roach” and using the N-word repeatedly.

“We have a n---—. It’s a n-----, like a roach,” a female’s voice can be heard saying while laughing.

Now Odinet is asking for “forgiveness and understanding.”

“My children and I were the victim [sic] of an armed burglary at our home. The police were called and the assailant was arrested. The incident shook me to my core and my mental state was fragile,” Odinet said in a statement Monday, The Acadiana Advocate reports.

According to the Daily Beast, the Lafayette Police Department confirmed to local media that an attempted burglary of a vehicle took place at Odinet’s home at around 2 a.m. Saturday.

But Lafayette Police Sgt. Paul Mouton told KLFY that the suspect—identified as Ronald Handy—did not have a weapon with him at the time of his arrest despite the fact that Courthouse Karen described the incident to police as an “armed burglary.”

► Show Spoiler

Odinet added that she “was given a sedative at the time” and had “zero recollection of the video and the disturbing language used during it.”

“Anyone who knows me and my husband knows this is contrary to the way we live our lives. I am deeply sorry and ask for your forgiveness and understanding as my family and I deal with the emotional aftermath of this armed burglary,” she said.

Odinet was elected to her position on Nov. 3, 2020. According to the website for the City Court of Lafayette, Louisiana, prior to being a judge, she worked as a prosecutor for both Orleans and Lafayette Parish District Attorneys offices, “where she prosecuted juvenile delinquencies and adult felonies ranging from theft and narcotics to rape and first-degree murder.“

Handy was charged with two counts of simple burglary and is being held on a $10,000 bond.

The sedative excuse and nonapology are not working as the judge had hoped for. And now the community is calling for her to lose her damn job—which she should.

“I’m sure that people of color will find it impossible to trust that they will be treated fairly and equally when they have to stand for judgment before Judge Odinet,” Lafayette City Marshal Reggie Thomas said in a statement Tuesday.

“We will not tolerate bigotry from the bench. Fairness and impartiality cannot coexist with racism; Lafayette needs a new Judge,” Louisiana Democratic Party Chair Katie Bernhardt said in a press release demanding “Judge Odinet’s immediate resignation.”

On Monday, Lafayette NAACP chapter President Michael Toussain called for Odinet to resign.

Toussain’s letter reads in part:

“While we continue to strive to form the more perfect union there are still those who bare the mark of America’s original sin of racism. The recently reveal video is clear that Judge Michelle Odinet see people base on the color of their skin and she holds a firm belief they are no more than roaches, rats or lesser species than herself. Her quote “We got ——!” is the clearest expression of her heart in regards to respecting people of diverse racial backgrounds. If she had said “We got thieves” we would understand that, but the use of the word ——, clearly expresses that Judge Michelle Odinet places all black people in a position of inferiority and discontent. Her voice is remnant of the shouts at lynchings in years gone by and white mob’s mentality that is evident still today.”

Sen. Gerald Boudreaux called Odinet’s comments “reprehensible, offensive and unacceptable” from anyone serving as a judge, according to The Advocate, adding that he will officially petition the Judiciary Commission of Louisiana to investigate the ethical conduct and actions associated with the incident.

"We have struggled miserably to garner public support for our judicial system at every level in this country. The political landscape has become so toxic that the negative impact has been identified and evident from the United States Supreme Court to the Lafayette City Court,” Boudreaux said.

“We have a n---—. It’s a n-----, like a roach,” a female’s voice can be heard saying while laughing.

Now Odinet is asking for “forgiveness and understanding.”

raison de arizona wrote: ↑Thu Dec 16, 2021 4:38 pm

“We have a n---—. It’s a n-----, like a roach,” a female’s voice can be heard saying while laughing.

Now Odinet is asking for “forgiveness and understanding.”

Yeah, there isn't room for tolerance and understanding of that, especially on the bench.

A Louisiana judge is on unpaid leave and facing pressure to resign after a home video with racist language surfaced

Odinet had earlier sent a statement to CNN affiliate KATC, saying she had been "given a sedative" and had no "recollection of the video and the disturbing language used during it."

Odinet was temporarily disqualified Thursday after her lawyer filed a motion on her behalf, which was agreed to by the Judiciary Commission of Louisiana. The state Supreme Court ordered her disqualification and appointed retired Opelousas City Court Judge Vanessa Harris to fill her seat for now.

Ciolino added Odinet has "heard the calls from the Governor and the community and resignation is certainly at the top of her list of considerations."

Lafayette Judge Michelle Odinet resigns after racial slurs caught on video: 'I am sorry'

Disgraced and suspended Lafayette judge Michelle Odinet stepped down from the bench Friday, saying the racial slurs she used to describe burglars outside her home were "hurtful words" and undermined the public's confidence in the judicial system.

Odinet was captured on video using the n-word to describe men breaking into vehicles parked outside her home. She initially was mum on who used the language, but later acknowledged it was her.

The Louisiana Supreme Court had temporarily disqualified Odinet, at her request, two weeks ago and appointed a Black judge from Opelousas, Vanessa Harris, to handle cases in Division A of the Lafayette City Court, through Feb. 28.

The Louisiana Supreme Court had temporarily disqualified Odinet, at her request, two weeks ago and appointed a Black judge from Opelousas, Vanessa Harris, to handle cases in Division A of the Lafayette City Court, through Feb. 28.

Judge Resigns Over Racist Home Video Capturing N-Word Use
Paige Lavender
Fri, December 31, 2021, 5:33 PM·

Lafayette City Court Judge Michelle Odinet resigned Friday, weeks after a video surfaced that depicted her using racist remarks as she and her family watched security footage of an attempted burglary at their home.

“I take full responsibility for the hurtful words used to describe the individual who burglarized the vehicles at my home. I am sorry for the pain that I have caused my community and ask for your forgiveness, as my words did not foster the public’s confidence and integrity for the judiciary,” Odinet said in a letter submitted to the Louisiana Supreme Court filed by her attorney Dane Ciolino.

Ciolino told HuffPost Odinet “understands that this is the end of her public service, but only the beginning of what she must to do to earn the forgiveness of the community.”

Odinet confirmed the video, published by The Current on Dec. 13, was shot in her home. It depicts a television showing security footage of a burglary as several voices laugh and recap the incident while repeatedly using the N-word. Ciolino told The New York Times Odinet was one of the voices heard using a slur in the video.



https://www.yahoo.com/news/judge-resign ... 25877.html