Good Afternoon . . .
Have you ever had a problems with your cell phone? Poor service, no service, low signal, loss of signal, dropped calls? The list of complaints grows longer and larger every year. Well, you are not alone.
Consumers Union released the results of a study that shows consumer complaints to the FCC were up a dramatic 38% for 2004.
"The staggering increase in complaints is further evidence that reform is needed in the wireless phone market so consumers can get a fair shake," said Janee Briesemeister, senior policy advocate for Consumers Union, nonprofit publisher of Consumer Reports.
The company receiving the most complaints was the newly combined Cingular/AT&T Wireless.
The study only reviewed complaints sent to the FCC. Complaints to customer service at wireless companies are unavailable to the public.
Nearly 38% increase in 2004 wireless phone company complaints
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After more than 25 years in the 'Nightline' anchor chair, Ted Koppel will leave the ABC Network at the end of his contract later this year.
His departure comes in the wake of speculation that the late night news program will be removed from the schedule. Declining ratings are the reason for speculation.
Although Koppel and the network attempted to retain Koppel's services in some capacity at ABC News, in the end it was Koppel who thought it was best to leave.
The broadcast's longtime executive producer, Tom Bettag, will also leave the network at the end of the year.
Neither Koppel or Bettag are retiring, but are planning to collaborate on some projects in the future.
My Way News
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With all the controversy surrounding the life and death of Terri Schiavo, the California legislature is ready to put forward a bill allowing assisted suicide in the state.
The bill would allow mentally competent adults who have been diagnosed with a terminal disease to request medication for the purpose of ending their lives in a humane and dignified manner.
The bill also gives doctors immunity from civil or criminal liability or professional disciplinary action for prescribing lethal doses of a drug.
The debate on the bill in the California General Assembly is scheduled for April 12.
The timing on this bill may not be the greatest in light of the Schiavo controversy plus the US Supreme Court is taking up the case of the Oregon right-to-die law to decide if the federal government can prosecute doctors in the state for assisting patients to commit suicide.
It will be an interesting debate.
Assisted Suicide Bill Coming Up in California -- 03/31/2005
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More tomorrow
Thursday, March 31, 2005
It's Over - Thursday Briefing - 3.31.05
Good morning . . .
Thirteen days after the removal of a feeding tube Terri Schiavo, 41, has died.
The family feud between Michael Schiavo and the Schindler family lasted until her death at 9:50 ET. Michael Schiavo denied the Schindler family access to the hospice to be with their daughter at the moment of death.
During this ordeal the Schindler family has been denied access to their daughter and relief from the Courts. The US Supreme Court denied an emergency petition last night leaving the Schindlers with no further legal recourse.
The animosity between the Schiavo and Schindler families is like to continue with Terri's passing. Although they have agreed to an autopsy, there could be further complications on a place of burial and other legal matters.
It will also be interesting to see the political fallout. Sen. Rick Santorum (R-PA) is considering disciplinary action against the federal judges who would not grant a new hearing from the Schindler family. He said Wednesday that they defied the "will of the Congress." There could also be some political backlash against members of Congress who attempted to intervene in the case and for Gov. Jeb Bush who did not intervene at the level the Schindlers wanted.
So, while Terri Schiavo may be at peace, the families and the politicians are still at it.
Terri Schiavo Dead at 41 -- 03/31/2005
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It appears that I am not the only person who believed that the Rev. Jesse Jackson was using the Schiavo case for his personal political gain.
Rev. Jesse Lee Peterson, founder and president of the Brotherhood Organization of a New Destiny (BOND) said Jackson's "late" support of Terri Schiavo was strictly for personal gain.
In a statement Peterson said, "For Jackson to insert himself in this case in the final hours of Terri's life is the height of desperation. He is using this case to get himself back in the news, just as he has done in the Michael Jackson molestation case."
BOND is a conservative black organization.
Black Conservative Blasts Jesse Jackson for 'Exploiting' Schiavo -- 03/31/2005
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Judicial nominees may not be the only Bush appointees that are blocked by a Democrat filibuster in the Senate.
Senate Democrats have vowed to vote against the appointment of John Bolton as ambassador to the United Nations.
Hearings for the nomination will begin April 7, but Democrats have boived their solid opposition to the nomination. One democrat aide called the nomination "distasteful." If the Democrats keep their promise and vote unanimously against Bolton in committee, it would be the first time a diplomatic nominees has received such a negative vote.
With solid democrat opposition in committee any defections by GOP members could doom the nomination.
Yahoo! News - Democrats Set to Reject Pick for U.N.
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More later.
Thirteen days after the removal of a feeding tube Terri Schiavo, 41, has died.
The family feud between Michael Schiavo and the Schindler family lasted until her death at 9:50 ET. Michael Schiavo denied the Schindler family access to the hospice to be with their daughter at the moment of death.
During this ordeal the Schindler family has been denied access to their daughter and relief from the Courts. The US Supreme Court denied an emergency petition last night leaving the Schindlers with no further legal recourse.
The animosity between the Schiavo and Schindler families is like to continue with Terri's passing. Although they have agreed to an autopsy, there could be further complications on a place of burial and other legal matters.
It will also be interesting to see the political fallout. Sen. Rick Santorum (R-PA) is considering disciplinary action against the federal judges who would not grant a new hearing from the Schindler family. He said Wednesday that they defied the "will of the Congress." There could also be some political backlash against members of Congress who attempted to intervene in the case and for Gov. Jeb Bush who did not intervene at the level the Schindlers wanted.
So, while Terri Schiavo may be at peace, the families and the politicians are still at it.
Terri Schiavo Dead at 41 -- 03/31/2005
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It appears that I am not the only person who believed that the Rev. Jesse Jackson was using the Schiavo case for his personal political gain.
Rev. Jesse Lee Peterson, founder and president of the Brotherhood Organization of a New Destiny (BOND) said Jackson's "late" support of Terri Schiavo was strictly for personal gain.
In a statement Peterson said, "For Jackson to insert himself in this case in the final hours of Terri's life is the height of desperation. He is using this case to get himself back in the news, just as he has done in the Michael Jackson molestation case."
BOND is a conservative black organization.
Black Conservative Blasts Jesse Jackson for 'Exploiting' Schiavo -- 03/31/2005
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Judicial nominees may not be the only Bush appointees that are blocked by a Democrat filibuster in the Senate.
Senate Democrats have vowed to vote against the appointment of John Bolton as ambassador to the United Nations.
Hearings for the nomination will begin April 7, but Democrats have boived their solid opposition to the nomination. One democrat aide called the nomination "distasteful." If the Democrats keep their promise and vote unanimously against Bolton in committee, it would be the first time a diplomatic nominees has received such a negative vote.
With solid democrat opposition in committee any defections by GOP members could doom the nomination.
Yahoo! News - Democrats Set to Reject Pick for U.N.
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More later.
Wednesday, March 30, 2005
Wednesday Update - 3.30.05 - Appeal Rejected
Good Afternoon . . .
For the fourth time since last week the 11th Circuit US Court of Appeals has rejected an emergency appeal from Bob and Mary Schindler for a new hearing in the Terri Schiavo case.
The appeal was the Schindlers latest attempt to have a feeding tube reinserted into their daughter.
"Any further action by our court or the district court would be improper," Judge Stanley F. Birch Jr. wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."
Judge Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process. He said, in part, "the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people — our Constitution."
Other than another emergency appeal to the US Supreme Court, the Schindlers legal remedy seems to be closed.
Yahoo! News - Schiavo Appeal Rejected Again in Atlanta
Senator Rick Santorum (R-PA) has a different outlook on the Terri Schiavo case and the role of Congress and the Courts in the controversy.
WorldNetDaily: Schiavo judges guilty of snubbing Congress?
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In a 5-3 decision the US Supreme Court ruled today that older workers may sue employers for age discrimination even if the employer intended no harm.
The court ruled that employees may sue over practices that have a "disparate impact" on older workers even if the discrimination was unintentional. But employers will have a strong defense in such cases if they can prove their actions were motivated by "reasonable factors other than age."
The ruling was written by Justice John Paul Stevens, the court's oldest member at 84.
“It is not surprising that certain employment criteria that are routinely used may be reasonable despite their adverse impact on older workers as a group,” he concluded
FT.com / Home UK - US Supreme Court issues age-discrimination ruling
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There is a growing trend in the state to require some form of photo ID before allowing someone to vote. Most recently, Indiana joined a growing list of states.
Opponents of this type of legislation say that it unfairly discriminated against the poor and minority voters. They say that these individuals often do not have ID. Frankly that argument is silly. If someone does not drive, it is, generally, easy to get a state photo ID. You only need to prove you are who you say you are. Each state has its own criteria, but it is a simple procedure for those who want or need a photo ID. Since photo IDs a generally required for employment, a requirement of one to vote is an acceptable policy.
Proponents of the legislation say that requiring a photo ID will cut down on voter fraud and allow all "legal" votes to count.
There is federal legislation sponsored by Hillary Rodham Clinton (D-NY) and John Kerry (D-MA) that would only require a person's "word" to vote in a federal election. The Make Every Vote Count Act of 2005 would also allow voters to show up on Election Day to vote without previous registration. That bill, if passed, would turn federal elections into elections similar to Cook County IL in the 60's. With a Republican majority in the House and Senate, it is not likely that the bill will be passed out of committee.
Yahoo! News - States Take Up Photo IDs at Polls Debate
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More on the Life and Death of Johnnie Cochran
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More tomorrow.
For the fourth time since last week the 11th Circuit US Court of Appeals has rejected an emergency appeal from Bob and Mary Schindler for a new hearing in the Terri Schiavo case.
The appeal was the Schindlers latest attempt to have a feeding tube reinserted into their daughter.
"Any further action by our court or the district court would be improper," Judge Stanley F. Birch Jr. wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."
Judge Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process. He said, in part, "the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people — our Constitution."
Other than another emergency appeal to the US Supreme Court, the Schindlers legal remedy seems to be closed.
Yahoo! News - Schiavo Appeal Rejected Again in Atlanta
Senator Rick Santorum (R-PA) has a different outlook on the Terri Schiavo case and the role of Congress and the Courts in the controversy.
WorldNetDaily: Schiavo judges guilty of snubbing Congress?
--
In a 5-3 decision the US Supreme Court ruled today that older workers may sue employers for age discrimination even if the employer intended no harm.
The court ruled that employees may sue over practices that have a "disparate impact" on older workers even if the discrimination was unintentional. But employers will have a strong defense in such cases if they can prove their actions were motivated by "reasonable factors other than age."
The ruling was written by Justice John Paul Stevens, the court's oldest member at 84.
“It is not surprising that certain employment criteria that are routinely used may be reasonable despite their adverse impact on older workers as a group,” he concluded
FT.com / Home UK - US Supreme Court issues age-discrimination ruling
--
There is a growing trend in the state to require some form of photo ID before allowing someone to vote. Most recently, Indiana joined a growing list of states.
Opponents of this type of legislation say that it unfairly discriminated against the poor and minority voters. They say that these individuals often do not have ID. Frankly that argument is silly. If someone does not drive, it is, generally, easy to get a state photo ID. You only need to prove you are who you say you are. Each state has its own criteria, but it is a simple procedure for those who want or need a photo ID. Since photo IDs a generally required for employment, a requirement of one to vote is an acceptable policy.
Proponents of the legislation say that requiring a photo ID will cut down on voter fraud and allow all "legal" votes to count.
There is federal legislation sponsored by Hillary Rodham Clinton (D-NY) and John Kerry (D-MA) that would only require a person's "word" to vote in a federal election. The Make Every Vote Count Act of 2005 would also allow voters to show up on Election Day to vote without previous registration. That bill, if passed, would turn federal elections into elections similar to Cook County IL in the 60's. With a Republican majority in the House and Senate, it is not likely that the bill will be passed out of committee.
Yahoo! News - States Take Up Photo IDs at Polls Debate
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More on the Life and Death of Johnnie Cochran
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More tomorrow.
Wednesday Briefing - 3.30.05 - Another Appeal
Good morning . . .
The 11th Circuit Court of Appeals in Atlanta ruled late Tuesday night that it will consider a request for a new hearing from Terri Schiavo. The ruling was without comment and no date has been set for the hearing.
The court will consider the request for a new hearing based on the facts of the case rather than previous Florida court rulings.
This is a rare victory in the struggle by Terri Schiavo's parents to have a feeding tube reinserted and keep her alive.
Las Vegas SUN: Federal Appeals Court OKs Schiavo Review
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Could there be another Rathergate without Dan Rather? That possibility does exist.
During the weekend when Congress decided to intervene in the Terri Schiavo case, an interesting memo began to circulate. The memo gave "talking points" for using the Schiavo case as a "great political issue."
The memo was circulated unsigned without letterhead. John Hindreker a conservative blogger who challenged the CBS memos said, "This is literally a piece of paper with stuff typed on it that could have been written by anyone."
While it could have been written by anyone, no one is taking responsibility. Democrats are saying that it is an obvious Republican document, created by Repubicans, and distributed by Republicans. Republicans say that it did not come from any Republican staffer.
While there is no hard evidence that the memo is fake, there are several strange things about it, including the basic fact that no one seems to know who wrote it and that the noncontroversial part of it is lifted from a Republican senator's press release.
Doubts Raised On Schiavo Memo (washingtonpost.com)
Fake but Accurate Again?
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More later.
The 11th Circuit Court of Appeals in Atlanta ruled late Tuesday night that it will consider a request for a new hearing from Terri Schiavo. The ruling was without comment and no date has been set for the hearing.
The court will consider the request for a new hearing based on the facts of the case rather than previous Florida court rulings.
This is a rare victory in the struggle by Terri Schiavo's parents to have a feeding tube reinserted and keep her alive.
Las Vegas SUN: Federal Appeals Court OKs Schiavo Review
--
Could there be another Rathergate without Dan Rather? That possibility does exist.
During the weekend when Congress decided to intervene in the Terri Schiavo case, an interesting memo began to circulate. The memo gave "talking points" for using the Schiavo case as a "great political issue."
The memo was circulated unsigned without letterhead. John Hindreker a conservative blogger who challenged the CBS memos said, "This is literally a piece of paper with stuff typed on it that could have been written by anyone."
While it could have been written by anyone, no one is taking responsibility. Democrats are saying that it is an obvious Republican document, created by Repubicans, and distributed by Republicans. Republicans say that it did not come from any Republican staffer.
While there is no hard evidence that the memo is fake, there are several strange things about it, including the basic fact that no one seems to know who wrote it and that the noncontroversial part of it is lifted from a Republican senator's press release.
Doubts Raised On Schiavo Memo (washingtonpost.com)
Fake but Accurate Again?
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More later.
Tuesday, March 29, 2005
Tuesday Update - 3.29.05 - Johnnie Cochran Dies
Good afternoon . . .
BREAKING NEWS -
Infamous criminal defense attorney Johnnie Cochran has died in his Los Angeles home at the age of 67.
His death was the result of complications from a brain tumor.
Cochran was best known for his defense of O. J. Simpson for the murder of his wife Nicole Brown and Ron Goldman. Simpson was acquited in the criminal trial, but found "responsible' in a civil proceeding.
More as the story developes.
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The Supreme Court heard a case today that could have far-reaching effects on the entertainment and the software industries.
The nine justices heard arguments on the legality and illegality of peer-to-peer software. Peer-to-peer software is commonly used by consumers to download from the Internet movies and music. Entertainment industry supporters say the software is used to download items without permission which is in essence stealing.
Software supporters say that the software is a valuable tool and has other uses than downloading music and movies.
During lively oral arguments, several justices wondered aloud if they should stifle technology. The attorney for Grokstar, one of the dependants in the case, said that every tech firm and inventor would have to be willing to endure lawsuits before their technology can be used.
The industry attorney said that peer-to-peer software has resulted in a severe reduction in profit and causes the recording and music industries to take fewer risks with new artists and producers.
Justice Anthony Kennedy wondered about a company that builds its business around the illegal distribution of copies. "It just seems wrong," Justice Kennedy said.
Software supporters are hoping the court will rely on the landmark 1984 'Betamax' case in which the court found Sony and other manufacturers of VCRs were not liable for the illegal copying of movies and tv shows. In that case the court noted that the primary purpose of the VCR was to watch movies in a home environment and to record programs for later viewing.
Companies like Grokstar created peer-to-peer software for one specific purpose to download movies and music without permission and to avoid paying royalties to artists and producers.
The defendants said that this case is not like Napster, which was eventually shut down by the courts, because the software manufacturer does not "encourage" the illegal uses of its products. This reporter believes that the Napster precedent applies because the availability of the software is the encouragement.
Yahoo! News - Supreme Court weighs piracy, technology innovation in 'Grokster' case
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A state court has overturned the death penalty for a convicted rapist and murderer because the jury consulted the Bible.
The Colorado Supreme Court on Monday ruled that the Bible constituted an improper outside influence on jury deliberations.
Members of the jury admitted during the appeals process that they had consulted the Bible before making a recommendation for the death penalty. In the decision delivered Monday, justices said that the jury was relying on a "higher authority" in rendering its verdict.
"The judicial system works very hard to emphasize the rarefied, solemn and sequestered nature of jury deliberations," the judges said in a three-to-two decision.
"Jurors must deliberate in that atmosphere without the aid or distraction of extraneous texts," they added.
It is likely that the 3-2 decision will be appealed to a federal appeals court.
Yahoo! News - US state high court blocks execution because jurors consulted Bible
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More tomorrow.
BREAKING NEWS -
Infamous criminal defense attorney Johnnie Cochran has died in his Los Angeles home at the age of 67.
His death was the result of complications from a brain tumor.
Cochran was best known for his defense of O. J. Simpson for the murder of his wife Nicole Brown and Ron Goldman. Simpson was acquited in the criminal trial, but found "responsible' in a civil proceeding.
More as the story developes.
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The Supreme Court heard a case today that could have far-reaching effects on the entertainment and the software industries.
The nine justices heard arguments on the legality and illegality of peer-to-peer software. Peer-to-peer software is commonly used by consumers to download from the Internet movies and music. Entertainment industry supporters say the software is used to download items without permission which is in essence stealing.
Software supporters say that the software is a valuable tool and has other uses than downloading music and movies.
During lively oral arguments, several justices wondered aloud if they should stifle technology. The attorney for Grokstar, one of the dependants in the case, said that every tech firm and inventor would have to be willing to endure lawsuits before their technology can be used.
The industry attorney said that peer-to-peer software has resulted in a severe reduction in profit and causes the recording and music industries to take fewer risks with new artists and producers.
Justice Anthony Kennedy wondered about a company that builds its business around the illegal distribution of copies. "It just seems wrong," Justice Kennedy said.
Software supporters are hoping the court will rely on the landmark 1984 'Betamax' case in which the court found Sony and other manufacturers of VCRs were not liable for the illegal copying of movies and tv shows. In that case the court noted that the primary purpose of the VCR was to watch movies in a home environment and to record programs for later viewing.
Companies like Grokstar created peer-to-peer software for one specific purpose to download movies and music without permission and to avoid paying royalties to artists and producers.
The defendants said that this case is not like Napster, which was eventually shut down by the courts, because the software manufacturer does not "encourage" the illegal uses of its products. This reporter believes that the Napster precedent applies because the availability of the software is the encouragement.
Yahoo! News - Supreme Court weighs piracy, technology innovation in 'Grokster' case
--
A state court has overturned the death penalty for a convicted rapist and murderer because the jury consulted the Bible.
The Colorado Supreme Court on Monday ruled that the Bible constituted an improper outside influence on jury deliberations.
Members of the jury admitted during the appeals process that they had consulted the Bible before making a recommendation for the death penalty. In the decision delivered Monday, justices said that the jury was relying on a "higher authority" in rendering its verdict.
"The judicial system works very hard to emphasize the rarefied, solemn and sequestered nature of jury deliberations," the judges said in a three-to-two decision.
"Jurors must deliberate in that atmosphere without the aid or distraction of extraneous texts," they added.
It is likely that the 3-2 decision will be appealed to a federal appeals court.
Yahoo! News - US state high court blocks execution because jurors consulted Bible
--
More tomorrow.
Tuesday Briefing - 3/29/05 - Court Takes on the Internet
Good morning . . .
The Supreme Court ruled today that a landmark gender-equity law protects whistleblowers who accuse schools of sex discrimination and teachers and coaches may sue for retaliation if fired.
The 5-4 decision is a victory for women's advocates who say the protection will prompt reports of bias that would otherwise go unreported.
"The text of Title IX prohibits a funding recipient from retaliation against a person who speaks out against sex discrimination, because such retaliation is intentional discrimination on the basis of sex," Justice Sandra Day O'Connor wrote for the majority.
The 1972 law best known for promoting women's' athletics, bar sex discrimination in an educational program that receives federal funds.
Yahoo! News - Court: Title IX Protects Whistleblowers
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The Supreme Court will take on the Internet today.
Arguments before the court will center on file-sharing technology. The peer-to-peer software allows consumers to download movies, music, and other copyrighted material without permission.
File sharing supporters say a ruling against the software company could give the entertainment industry a veto over new technology.
Entertainment companies want to be able to sue the manufacturers of file-sharing companies because the technology enables consumers to download movies and music. The industry says that is a violation of copyright protection and amounts to stealing.
The software company hopes the Supreme Court will rely on the 1984 'Betamax' decision. This decision said that Sony and other manufacturers of video cassette records could not be sued because the technology can be used for good as well as ill. While admitting the VCR technology could be used for copying television programs and movies without permission, its purpose was to record programs for later viewing and provide an entertainment venue in the home for watching movies.
In this reports opinion the file-sharing software's only use to enable consumers to swap movies and music without regard to copyright protections or payment to artists for their works. There is no good side to the file-sharing software.
While this is the first time the Supreme Court has weighed in on an Internet case, lower courts have found for the recording and music industry in most cases.
Yahoo! News - Supreme Court to Weigh in on File-Sharing
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After ignoring the case of Terri Schiavo for months or years, the Rev. Jesse Jackson visited the Florida hospice.
This is the first time Jackson has paid any attention to the case, preferring to support accused child-molester Michael Jackson.
Jackson issued a statement calling for the reinsertion of the feeding tube and encouraged Schiavo supporters to fight against world hunger.
Jackson's motivation for visiting the hospice was publicity seeking for his own agenda. He cares neither for the family or the life of Terri Schiavo.
KWTX | Jesse Jackson Visits Schiavo's Hospice As Death Watch Continues
--
More later.
The Supreme Court ruled today that a landmark gender-equity law protects whistleblowers who accuse schools of sex discrimination and teachers and coaches may sue for retaliation if fired.
The 5-4 decision is a victory for women's advocates who say the protection will prompt reports of bias that would otherwise go unreported.
"The text of Title IX prohibits a funding recipient from retaliation against a person who speaks out against sex discrimination, because such retaliation is intentional discrimination on the basis of sex," Justice Sandra Day O'Connor wrote for the majority.
The 1972 law best known for promoting women's' athletics, bar sex discrimination in an educational program that receives federal funds.
Yahoo! News - Court: Title IX Protects Whistleblowers
--
The Supreme Court will take on the Internet today.
Arguments before the court will center on file-sharing technology. The peer-to-peer software allows consumers to download movies, music, and other copyrighted material without permission.
File sharing supporters say a ruling against the software company could give the entertainment industry a veto over new technology.
Entertainment companies want to be able to sue the manufacturers of file-sharing companies because the technology enables consumers to download movies and music. The industry says that is a violation of copyright protection and amounts to stealing.
The software company hopes the Supreme Court will rely on the 1984 'Betamax' decision. This decision said that Sony and other manufacturers of video cassette records could not be sued because the technology can be used for good as well as ill. While admitting the VCR technology could be used for copying television programs and movies without permission, its purpose was to record programs for later viewing and provide an entertainment venue in the home for watching movies.
In this reports opinion the file-sharing software's only use to enable consumers to swap movies and music without regard to copyright protections or payment to artists for their works. There is no good side to the file-sharing software.
While this is the first time the Supreme Court has weighed in on an Internet case, lower courts have found for the recording and music industry in most cases.
Yahoo! News - Supreme Court to Weigh in on File-Sharing
--
After ignoring the case of Terri Schiavo for months or years, the Rev. Jesse Jackson visited the Florida hospice.
This is the first time Jackson has paid any attention to the case, preferring to support accused child-molester Michael Jackson.
Jackson issued a statement calling for the reinsertion of the feeding tube and encouraged Schiavo supporters to fight against world hunger.
Jackson's motivation for visiting the hospice was publicity seeking for his own agenda. He cares neither for the family or the life of Terri Schiavo.
KWTX | Jesse Jackson Visits Schiavo's Hospice As Death Watch Continues
--
More later.
Monday, March 28, 2005
Monday Update - 3.28.05 - Some Surprises?
Good evening . . .
In a significant setback for the defense, the judge in the Michael Jackson child molestation case will allow testimony and evidence on prior allegations against the aging pop star.
Superior Court Judge Rodney Melville ruled after a contentious hearing that the prosecution may present testimony and evidence from five boys alleged to be molested by Jackson. The persecution had sought evidence from seven boys in order to show a pattern of behavior by Jackson.
The judge will allow testimony about settlements in the millions of dollars paid to two of Jackson's victims.
After speculation to the contrary, the judge decided to follow a California law that allows for testimony about prior "bad acts" in these type of cases. The law was passed in the mid 90's partially in response to allegations against Jackson which were "bought off" before charges could be filed.
The defense argument that the testimony would be prejudicial to their client was rejected by Judge Melville.
It is likely that once the jury learns of Jackson "grooming" of the other victims for abuse, the verdict will be a simple matter.
The Case Against Michael Jackson: Dirty Laundry - March 28, 2005
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In what many will consider a surprise move, the husband of a brain-damaged Florida woman has agreed to an autopsy after her death.
Michael Schiavo, husband of Terri Schiavo, announced through his attorney that he will agree to an autopsy on his wife after death. The autopsy was requested to silence allegations that he would have the body cremated to hide evidence of wrongdoing.
Top News Article | Reuters.com
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Tomorrow the US Supreme Court will hear arguments on the most significant technology case since the famous 'Betamax' case in the 80's.
The justice will hear from both sides in a case involving liability for peer-to-peer file sharing on the Internet.
This reporter favors the arguments of the film and recording industry that file sharing is a method to avoid the purchase of music and films thus avoiding payment for copyrighted works.
If the entertainment industries lose, it could significantly reduce the number of new artists or producers that will have the opportunity to present their works to a large audience.
--
More tomorrow.
--
In a significant setback for the defense, the judge in the Michael Jackson child molestation case will allow testimony and evidence on prior allegations against the aging pop star.
Superior Court Judge Rodney Melville ruled after a contentious hearing that the prosecution may present testimony and evidence from five boys alleged to be molested by Jackson. The persecution had sought evidence from seven boys in order to show a pattern of behavior by Jackson.
The judge will allow testimony about settlements in the millions of dollars paid to two of Jackson's victims.
After speculation to the contrary, the judge decided to follow a California law that allows for testimony about prior "bad acts" in these type of cases. The law was passed in the mid 90's partially in response to allegations against Jackson which were "bought off" before charges could be filed.
The defense argument that the testimony would be prejudicial to their client was rejected by Judge Melville.
It is likely that once the jury learns of Jackson "grooming" of the other victims for abuse, the verdict will be a simple matter.
The Case Against Michael Jackson: Dirty Laundry - March 28, 2005
--
In what many will consider a surprise move, the husband of a brain-damaged Florida woman has agreed to an autopsy after her death.
Michael Schiavo, husband of Terri Schiavo, announced through his attorney that he will agree to an autopsy on his wife after death. The autopsy was requested to silence allegations that he would have the body cremated to hide evidence of wrongdoing.
Top News Article | Reuters.com
--
Tomorrow the US Supreme Court will hear arguments on the most significant technology case since the famous 'Betamax' case in the 80's.
The justice will hear from both sides in a case involving liability for peer-to-peer file sharing on the Internet.
This reporter favors the arguments of the film and recording industry that file sharing is a method to avoid the purchase of music and films thus avoiding payment for copyrighted works.
If the entertainment industries lose, it could significantly reduce the number of new artists or producers that will have the opportunity to present their works to a large audience.
--
More tomorrow.
--
Monday Briefing - 3.28.05
Good morning . . .
If you drive for work and are reimbursed for the cost, currently 32 cents per mile, the rising costs of gas have changed that little both of profit into a loss.
The AAA reports that the cost per mile for driving your car is no 56 cents per mile.
In a related story a pizza shop in Richmond VA may add a delivery charge. The delivery charge would go directly to the driver. It could be as much as $2 per delivery.
Local News - Palladium-Item - www.pal-item.com
--
The Rev. Jesse Jackson's radio show had an interesting guest on Sunday. Michael Jackson appeared on the program heard in only 12 markets, but the media made it a national program.
After talking for 40 minutes on his career and family, Jackson talked about his trial for child molestation. Jackson, again, said he was "completely innocent" of the charges and would be vindicated.
In his most outrageous statement Jackson believed that he was the victim of a vast conspiracy and compared himself to other black leaders like Nelson Mandela, Muhammad Ali, and Jack Johnson.
It almost seems comical that Michael Jackson would now call upon his black heritage during this crisis. For years, Jackson has attempted to distance himself from his family, his heritage, and his race.
You only have to look at him to know that the purpose of much of the plastic surgery was to make him look white. Jackson has never been a part of the African-American community until now.
Before his current legal problems, Jackson visited his home in Gary, Indiana. During the visit he pledged $500,000 to the community. Within days of his departure, a Jackson representative withdrew the offer and the money.
Michael Jackson's appearance on radio this Sunday was a calculated appearance seeking sympathy for an obvious guilty person.
Yahoo! News - Jackson Has Faith He'll Be Vindicated
--
The Supreme Court declined to consider whether journalists have constitutional protections allowing them to safely report defamatory comments made by public figures.
Without comment, justices let stand a state court ruling in favor of two Parkesburg, Pa., officials who sued over a 1995 article in the Daily Local News in West Chester, Pa. As a result, journalists publishing in Pennsylvania will need to scrutinize public statements more closely for truth or face potential liability.
At trail, the court rules that a privledge exists to allow the press to report on defamatory statements made by a public figure as long as they are reported in a neutral way.
The Pennsylvania Supreme Court ruled that no such privledge exits under PA law or federal law. . It ordered a new trial to decide the journalists' liability under an "actual malice" standard that asks whether the defamatory statements were published with reckless disregard for the truth.
The case is Troy Publishing Co. v. Norton and Wolfe, 04-979.
--
The Supreme Court declined to hear the appeal to reinstate an Idaho law that requires girls under the age of 18 to get parental consent before undergoing an abortion.
Without comment, the justices let stand a lower court ruling that struck down the Idaho law because its provisions on emergency abortion were too strict.
Yahoo! News - Court Declines to Review Abortion Law
--
More later.
If you drive for work and are reimbursed for the cost, currently 32 cents per mile, the rising costs of gas have changed that little both of profit into a loss.
The AAA reports that the cost per mile for driving your car is no 56 cents per mile.
In a related story a pizza shop in Richmond VA may add a delivery charge. The delivery charge would go directly to the driver. It could be as much as $2 per delivery.
Local News - Palladium-Item - www.pal-item.com
--
The Rev. Jesse Jackson's radio show had an interesting guest on Sunday. Michael Jackson appeared on the program heard in only 12 markets, but the media made it a national program.
After talking for 40 minutes on his career and family, Jackson talked about his trial for child molestation. Jackson, again, said he was "completely innocent" of the charges and would be vindicated.
In his most outrageous statement Jackson believed that he was the victim of a vast conspiracy and compared himself to other black leaders like Nelson Mandela, Muhammad Ali, and Jack Johnson.
It almost seems comical that Michael Jackson would now call upon his black heritage during this crisis. For years, Jackson has attempted to distance himself from his family, his heritage, and his race.
You only have to look at him to know that the purpose of much of the plastic surgery was to make him look white. Jackson has never been a part of the African-American community until now.
Before his current legal problems, Jackson visited his home in Gary, Indiana. During the visit he pledged $500,000 to the community. Within days of his departure, a Jackson representative withdrew the offer and the money.
Michael Jackson's appearance on radio this Sunday was a calculated appearance seeking sympathy for an obvious guilty person.
Yahoo! News - Jackson Has Faith He'll Be Vindicated
--
The Supreme Court declined to consider whether journalists have constitutional protections allowing them to safely report defamatory comments made by public figures.
Without comment, justices let stand a state court ruling in favor of two Parkesburg, Pa., officials who sued over a 1995 article in the Daily Local News in West Chester, Pa. As a result, journalists publishing in Pennsylvania will need to scrutinize public statements more closely for truth or face potential liability.
At trail, the court rules that a privledge exists to allow the press to report on defamatory statements made by a public figure as long as they are reported in a neutral way.
The Pennsylvania Supreme Court ruled that no such privledge exits under PA law or federal law. . It ordered a new trial to decide the journalists' liability under an "actual malice" standard that asks whether the defamatory statements were published with reckless disregard for the truth.
The case is Troy Publishing Co. v. Norton and Wolfe, 04-979.
--
The Supreme Court declined to hear the appeal to reinstate an Idaho law that requires girls under the age of 18 to get parental consent before undergoing an abortion.
Without comment, the justices let stand a lower court ruling that struck down the Idaho law because its provisions on emergency abortion were too strict.
Yahoo! News - Court Declines to Review Abortion Law
--
More later.
Friday, March 25, 2005
Friday Update - 3.25.05
Good afternoon . . .
A former first lady has made her prediction in the 2008 presidential election.
Barbara Bush spoke at a Modesto Calif high school and predicted that Hillary Clinton would not be the first female president. Mrs. Bush said that Clinton would run but lose.
She also predicted that Secretary of State Condoleeza Rice would not run in the next election.
nbc13.com - News - Barbara Bush Says Hillary Clinton Will Lose In 2008
--
A former president and former secretary of state are teaming up to head a commission that will recommend changes to the federal election system.
Jimmy Carter and James Baker were named to the commission by American University's Center for Democracy and Election Management. The commission is charged with examining such matters as the disputed 2000 presidential election.
Baker, a Republican, said, "America's democracy is the backbone of our society, and only through fair elections can we guarantee that our system remains healthy." Baker served as secretary of state under George HW Bush.
Yahoo! News - Carter, Baker to Work on Election Reform
--
Is Tony Blair looking to lose the next election? With a general election expected within two months, Labour Party officials have confirmed the hiring of Zack Exley an Internet consultant and Kerry campaigner. Exley is the former director of the far-left MoveOn.org, funded by George Soros.
MoveOn.org spent millions of dollars campaigning against President Bush to little avail. In fact, the constant Bush bashing by MoveOn.org and Soros may have contributed to the Bush victory.
According to party officials, Exley will only be involved in the Internet aspects of the campaign and not involved in campaign rebuttal. That may be true, but his primary responsibility at MoveOn.org was the Internet aspects of the Kerry campaign.
Maybe Blair wants to retire with Exley's help it is a likely possibility.
MoveOn.org Man Helps Tony Blair's Election Campaign
--
I have not been following developments in the Terri Schiavo case today. If I find something that warrants attention, you will see it here.
Happy Easter. See you Monday.
A former first lady has made her prediction in the 2008 presidential election.
Barbara Bush spoke at a Modesto Calif high school and predicted that Hillary Clinton would not be the first female president. Mrs. Bush said that Clinton would run but lose.
She also predicted that Secretary of State Condoleeza Rice would not run in the next election.
nbc13.com - News - Barbara Bush Says Hillary Clinton Will Lose In 2008
--
A former president and former secretary of state are teaming up to head a commission that will recommend changes to the federal election system.
Jimmy Carter and James Baker were named to the commission by American University's Center for Democracy and Election Management. The commission is charged with examining such matters as the disputed 2000 presidential election.
Baker, a Republican, said, "America's democracy is the backbone of our society, and only through fair elections can we guarantee that our system remains healthy." Baker served as secretary of state under George HW Bush.
Yahoo! News - Carter, Baker to Work on Election Reform
--
Is Tony Blair looking to lose the next election? With a general election expected within two months, Labour Party officials have confirmed the hiring of Zack Exley an Internet consultant and Kerry campaigner. Exley is the former director of the far-left MoveOn.org, funded by George Soros.
MoveOn.org spent millions of dollars campaigning against President Bush to little avail. In fact, the constant Bush bashing by MoveOn.org and Soros may have contributed to the Bush victory.
According to party officials, Exley will only be involved in the Internet aspects of the campaign and not involved in campaign rebuttal. That may be true, but his primary responsibility at MoveOn.org was the Internet aspects of the Kerry campaign.
Maybe Blair wants to retire with Exley's help it is a likely possibility.
MoveOn.org Man Helps Tony Blair's Election Campaign
--
I have not been following developments in the Terri Schiavo case today. If I find something that warrants attention, you will see it here.
Happy Easter. See you Monday.
Friday Briefing - 3.25.05 - The judge says no.
Good morning . . .
A federal judge has rejected an appeal from the family of a brain-damaged Florida woman to reinsert a feeding tube.
For the second time this week US District Judge James Whittemore ruled against the emergency request by Bob and Mary Schindler, Terri Schiavo's parents.
In an 11 page ruling the judge wrote that the Schindler's could not establish "a substantial likelihood of success on the merits" of their case. In his previous ruling, Judge Whittemore wrote the Schindler's case was "without merit."
Attorneys for the Schindlers plan to appeal the ruling to the US Court of Appeals for the 11th District.
The Schindler's are rapidly running out of legal options to save their daughter. At some point, the courts could begin refusing to accept appeals from the Schindlers due to excessive use of the courts.
Yahoo! News - Schiavo's Health Wanes As Parents Appeal
--
What has now become a "tempest in a teapot," fans of radio icon Don Imus were treated to a scathing criticism of a Wall Street Journal reporter and article on his morning radio and television show.
The article written by Robert Frank questioned the personal use of the charity ranch in New Mexico created to help critically ill children. The article was written by Frank after the New York Attorney General's Office opened an inquiry into the ranch.
Each year the ranch hosts 100 ill children from across the country to work on an actual ranch. The children arrive 10 at a time for a week during a ten week period mostly in the summer. The Imus family live at the ranch during that time. Questions arose about the times the Imus family stay at the ranch. Several times during the year, Don Imus and his wife Deidre spend time at the ranch. According to Imus, they are working during their visits. The article questioned the personal use of the ranch and that the number of children served seemed low by charitable standards.
On his Thursday show Imus gave a scathing criticism of the article and the reporter. He called Frank a "punk" saying he lied in the article and refused to come to the ranch and only interviewed him the day before the article appeared. Mr. Imus called the article "a vicious hatchet job" and added, "Anyone who had been to my office in New York knows that there is not a day that goes by that I'm not on the phone with the ranch."
Editors at the Wall Street Journal say that they had spoken to an Imus representative on several occasions and spent several hours talking with the I-Man the day before the article appeared.
The "investigation" was triggered by a request from the charity to extend a tax filing deadline and an anonymous letter questioning the personal use of the ranch.
After all the back and forth between Imus and the WSJ, the Attorney General's office informed the charity that the inquiry was over and it could find no evidence in impropriety.
It did, however, make for some interesting radio and television.
The New York Times > Business > Media & Advertising > Radio Host Criticizes Report on Charity
--
More later.
A federal judge has rejected an appeal from the family of a brain-damaged Florida woman to reinsert a feeding tube.
For the second time this week US District Judge James Whittemore ruled against the emergency request by Bob and Mary Schindler, Terri Schiavo's parents.
In an 11 page ruling the judge wrote that the Schindler's could not establish "a substantial likelihood of success on the merits" of their case. In his previous ruling, Judge Whittemore wrote the Schindler's case was "without merit."
Attorneys for the Schindlers plan to appeal the ruling to the US Court of Appeals for the 11th District.
The Schindler's are rapidly running out of legal options to save their daughter. At some point, the courts could begin refusing to accept appeals from the Schindlers due to excessive use of the courts.
Yahoo! News - Schiavo's Health Wanes As Parents Appeal
--
What has now become a "tempest in a teapot," fans of radio icon Don Imus were treated to a scathing criticism of a Wall Street Journal reporter and article on his morning radio and television show.
The article written by Robert Frank questioned the personal use of the charity ranch in New Mexico created to help critically ill children. The article was written by Frank after the New York Attorney General's Office opened an inquiry into the ranch.
Each year the ranch hosts 100 ill children from across the country to work on an actual ranch. The children arrive 10 at a time for a week during a ten week period mostly in the summer. The Imus family live at the ranch during that time. Questions arose about the times the Imus family stay at the ranch. Several times during the year, Don Imus and his wife Deidre spend time at the ranch. According to Imus, they are working during their visits. The article questioned the personal use of the ranch and that the number of children served seemed low by charitable standards.
On his Thursday show Imus gave a scathing criticism of the article and the reporter. He called Frank a "punk" saying he lied in the article and refused to come to the ranch and only interviewed him the day before the article appeared. Mr. Imus called the article "a vicious hatchet job" and added, "Anyone who had been to my office in New York knows that there is not a day that goes by that I'm not on the phone with the ranch."
Editors at the Wall Street Journal say that they had spoken to an Imus representative on several occasions and spent several hours talking with the I-Man the day before the article appeared.
The "investigation" was triggered by a request from the charity to extend a tax filing deadline and an anonymous letter questioning the personal use of the ranch.
After all the back and forth between Imus and the WSJ, the Attorney General's office informed the charity that the inquiry was over and it could find no evidence in impropriety.
It did, however, make for some interesting radio and television.
The New York Times > Business > Media & Advertising > Radio Host Criticizes Report on Charity
--
More later.
Thursday, March 24, 2005
Late Thursday Update - 3.24.05
Good evening . . .
Here are a couple of items or more for all you night owls.
--
In an unusual late session the Florida Supreme Court has refused to overturn a judges ruling against the state taking custody of a brain-damaged Florida woman.
Gov. Jeb Bush and the state Department of Families and Children wanted to put Terri Schiavo under temporary state custody. The move presumably was to reinsert the feeding tube and to investigate charges by the Schindler family that she has been abused and neglected and to prove she is not in a persistent vegetative state.
Earlier in the day Circuit Judge George Greer denied the Bush request and barred the state agency from taking any action in the case.
Although the Schindler family has again appealed to the federal Circuit Court, there legal options are almost over. The US Supreme Court also refused to hear the appeal. This is not unusual for the high court. It routinely allows state courts to decide right-to-die matters.
As the Florida Supreme Court was meeting there was a bomb scare for the court building. There are only sketchy reports on any subsequent findings.
Full story at My Way News
--
University of Colorado professor Ward Churchill's job is safe for now. University officials said Thursday the First Amendment prevents them from firing the controversial professor. Churchill's remarks that compared the victims of 9/11 to Nazi war criminal caused outrage at the university and the state government.
Churchill's comments were "profoundly offensive, abusive and misguided" but are protected free speech under the Constitution, acting Chancellor Phil DiStefano said in a report.
This is not the end of problems for the ethnic studies professor. A faculty committee will begin investigating charges of plagiarism and his claim to be an American Indian. That review could take up to nine months (glaciers move faster than faculty) and the committee could recommend dismissal or some of kind of disciplinary action. Churchill denies the charges, but in February admitted in an open forum at the university that he was not a native American.
It is really no surprise that university officials declined to fire Churchill. University Boards rarely, if ever, make decisions except for dinner reservations. They are slow moving, antiquated, and comprised of political friends and appointees.
Yahoo! News - Univ. of Colo. Balks at Firing Professor
--
More tomorrow. Good night.
Here are a couple of items or more for all you night owls.
--
In an unusual late session the Florida Supreme Court has refused to overturn a judges ruling against the state taking custody of a brain-damaged Florida woman.
Gov. Jeb Bush and the state Department of Families and Children wanted to put Terri Schiavo under temporary state custody. The move presumably was to reinsert the feeding tube and to investigate charges by the Schindler family that she has been abused and neglected and to prove she is not in a persistent vegetative state.
Earlier in the day Circuit Judge George Greer denied the Bush request and barred the state agency from taking any action in the case.
Although the Schindler family has again appealed to the federal Circuit Court, there legal options are almost over. The US Supreme Court also refused to hear the appeal. This is not unusual for the high court. It routinely allows state courts to decide right-to-die matters.
As the Florida Supreme Court was meeting there was a bomb scare for the court building. There are only sketchy reports on any subsequent findings.
Full story at My Way News
--
University of Colorado professor Ward Churchill's job is safe for now. University officials said Thursday the First Amendment prevents them from firing the controversial professor. Churchill's remarks that compared the victims of 9/11 to Nazi war criminal caused outrage at the university and the state government.
Churchill's comments were "profoundly offensive, abusive and misguided" but are protected free speech under the Constitution, acting Chancellor Phil DiStefano said in a report.
This is not the end of problems for the ethnic studies professor. A faculty committee will begin investigating charges of plagiarism and his claim to be an American Indian. That review could take up to nine months (glaciers move faster than faculty) and the committee could recommend dismissal or some of kind of disciplinary action. Churchill denies the charges, but in February admitted in an open forum at the university that he was not a native American.
It is really no surprise that university officials declined to fire Churchill. University Boards rarely, if ever, make decisions except for dinner reservations. They are slow moving, antiquated, and comprised of political friends and appointees.
Yahoo! News - Univ. of Colo. Balks at Firing Professor
--
More tomorrow. Good night.
Thursday Briefing - 3.24.05
Good Afternoon . . .
With the Supreme Court decision not to hear the emergency petition in the Terri Schiavo story, the action has shifted back into a Florida courtroom.
The Florida probate judge who ruled three times that the feeding tube be removed from Terri Schiavo has ordered the state's Department of Children and Families not to exercise its authority in taking custody of Schiavo.
Judge George Greer said that the Florida statutes don not allow gov. Jeb Bush or DCF's Adult Protective Services Division the authority to remove Schiavo from hospice.
Although rebuffed by the federal court's the Schindler family (Terri's parents) are filing a new action in the US District Court in Tampa saying that judge Greer's ruling are unconstitutional. A hearing is set for this evening.
Judge Refuses Protective Custody Order of Terri Schiavo -- 03/24/2005
--
More later.
With the Supreme Court decision not to hear the emergency petition in the Terri Schiavo story, the action has shifted back into a Florida courtroom.
The Florida probate judge who ruled three times that the feeding tube be removed from Terri Schiavo has ordered the state's Department of Children and Families not to exercise its authority in taking custody of Schiavo.
Judge George Greer said that the Florida statutes don not allow gov. Jeb Bush or DCF's Adult Protective Services Division the authority to remove Schiavo from hospice.
Although rebuffed by the federal court's the Schindler family (Terri's parents) are filing a new action in the US District Court in Tampa saying that judge Greer's ruling are unconstitutional. A hearing is set for this evening.
Judge Refuses Protective Custody Order of Terri Schiavo -- 03/24/2005
--
More later.
EXTRA!! - Court Rejects Appeal
Breaking news from Washington . . .
The US Supreme Court has rejected an emergency appeal from Bob and Mary Schindler to reinsert a feeding tube into their brain-damaged daughter, Terri Schiavo.
The Schindler's appeal first went to Justice Anthony Kennedy who referred the Schiavo case to the other justices.
The short one-page decision gave no explanation for the decision.
The court has previously rejected appeals in the Schiavo case. It has routinely relied on state courts on matters on family law.
This final rejection ends a long week for the Schindler family. The dramatic attempts of the Schindler family to save their daughters life has gained national attention plus the attention of the US Congress and President Bush.
More later.
The US Supreme Court has rejected an emergency appeal from Bob and Mary Schindler to reinsert a feeding tube into their brain-damaged daughter, Terri Schiavo.
The Schindler's appeal first went to Justice Anthony Kennedy who referred the Schiavo case to the other justices.
The short one-page decision gave no explanation for the decision.
The court has previously rejected appeals in the Schiavo case. It has routinely relied on state courts on matters on family law.
This final rejection ends a long week for the Schindler family. The dramatic attempts of the Schindler family to save their daughters life has gained national attention plus the attention of the US Congress and President Bush.
More later.
Wednesday, March 23, 2005
Wednesday Update - 3.23.05
Good Afternoon . . .
For the second time in less than a day an appeal to reinsert a feeding tube into a brain-damaged Florida woman has been denied.
The full US Court of Appeals for the 11th District refused to grant a request for an "expedited rehearing" from the parents of Terri Schiavo. The 10-2 decision was released without an explanation.
Early in the day a three member panel of the court said that the case was tragic, but the Schindler family's arguments were without merit.
The Schindler family is now pinning its hopes on the work of the Florida legislature to pass a law to save Terri that will pass constitutional muster. A previous version of "Terri's Law" was ruled unconstitutional by the Florida Supreme Court.
Attorneys for the Schindler family say they will appeal to the US Supreme Court which has previous declined to hear the case. When filed it will go to Justice Arthur Kennedy (not Justice Stevens) for initial review.
Yahoo! News - Court Rejects Schiavo Parents' Request
--
There is no doubt that this case is tragic. Terri Schiavo has been in what doctors term a "persistent vegetative state" for more than a decade. Doctors say that she will not get better. The Schindler's claim she is alert and responsive. Doctors dispute that claim.
What has made this case more tragic is the inappropriate intervention by the state and federal governments. The State of Florida passed "Terri's Law" to require continual care, but it was struck down as unconstitutional by the Florida Supreme Court. Appeals to the US Supreme Court were rejected.
Last weekend while Florida legislators attempted to craft a new "Terri's Law," federal lawmakers, seeing a political advantage, passed a law that would allow the case to be filed in federal court. Previous to the unusual Sunday session in the Congress, several lawmakers attempted to use the subpoena power of the Congress to delay the removal of the feeding tube. That attempt was rejected by a Florida appeals court.
Frankly, this is a family matter and tragedy, it should be decided by the family and/or Terri's guardian. It is not a matter for the courts or any legislature.
--
There may be more to Rathergate that is unrelated to the segment on '60 Minutes Wednesday.' According to a new book on Fidel Castro, an interview with Juan Miguel (Elian Gonzalez's father) was managed and directed by Clinton lawyer Gregory Craig.
According to a translator from the US Treasury Department, the questions for Juan Miguel were given to Rather by Craig. During the taping session Rather would ask some questions, stop, and then confer with Craig. The taping would continue with Rather asking a new set of questions provided by Craig.
There is no comment on the staged event from Rather, CBS News, the Clintons, or Craig.
HUMAN EVENTS ONLINE :: Rather Interview Staged
--
More later.
For the second time in less than a day an appeal to reinsert a feeding tube into a brain-damaged Florida woman has been denied.
The full US Court of Appeals for the 11th District refused to grant a request for an "expedited rehearing" from the parents of Terri Schiavo. The 10-2 decision was released without an explanation.
Early in the day a three member panel of the court said that the case was tragic, but the Schindler family's arguments were without merit.
The Schindler family is now pinning its hopes on the work of the Florida legislature to pass a law to save Terri that will pass constitutional muster. A previous version of "Terri's Law" was ruled unconstitutional by the Florida Supreme Court.
Attorneys for the Schindler family say they will appeal to the US Supreme Court which has previous declined to hear the case. When filed it will go to Justice Arthur Kennedy (not Justice Stevens) for initial review.
Yahoo! News - Court Rejects Schiavo Parents' Request
--
There is no doubt that this case is tragic. Terri Schiavo has been in what doctors term a "persistent vegetative state" for more than a decade. Doctors say that she will not get better. The Schindler's claim she is alert and responsive. Doctors dispute that claim.
What has made this case more tragic is the inappropriate intervention by the state and federal governments. The State of Florida passed "Terri's Law" to require continual care, but it was struck down as unconstitutional by the Florida Supreme Court. Appeals to the US Supreme Court were rejected.
Last weekend while Florida legislators attempted to craft a new "Terri's Law," federal lawmakers, seeing a political advantage, passed a law that would allow the case to be filed in federal court. Previous to the unusual Sunday session in the Congress, several lawmakers attempted to use the subpoena power of the Congress to delay the removal of the feeding tube. That attempt was rejected by a Florida appeals court.
Frankly, this is a family matter and tragedy, it should be decided by the family and/or Terri's guardian. It is not a matter for the courts or any legislature.
--
There may be more to Rathergate that is unrelated to the segment on '60 Minutes Wednesday.' According to a new book on Fidel Castro, an interview with Juan Miguel (Elian Gonzalez's father) was managed and directed by Clinton lawyer Gregory Craig.
According to a translator from the US Treasury Department, the questions for Juan Miguel were given to Rather by Craig. During the taping session Rather would ask some questions, stop, and then confer with Craig. The taping would continue with Rather asking a new set of questions provided by Craig.
There is no comment on the staged event from Rather, CBS News, the Clintons, or Craig.
HUMAN EVENTS ONLINE :: Rather Interview Staged
--
More later.
Wednesday Briefing - 3.23.05 - More Appeals
Good morning . . .
The US Court of Appeals for the 11th District has denied a petition from the Schindler family to have the feeding tube reinserted into Terri Schiavo. This is the second federal court to reject the appeal in two days.
The 2-1 decision was announced early Wednesday morning. In announcing the decision the judges recognized the tragedy of the case saying, "We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."
In his dissent, Judge Charles R. Wilson said he found no harm in reinserting the feeding tube and that the decision was frustrating the will of Congress and the President. Sorry, your honor, but the case is not about Congress or the President.
The Schindler family can appeal the decision to the full Court of Appeals for review and is preparing an appeal to the US Supreme Court.
The Supreme Court has declined to review the case in the recent past and is likely to reject this appeal. Justice John Paul Stevens, the Supreme Court Justice for the 11th District, will receive the appeal.
Wired Report
--
Television stations across the country are presenting stories on similar family tragedies. One particularly good story was produced by WSBT Channel 22 in South Bend. Click here for the story.
--
Speaking of Indiana, the state now joins a growing list of states with laws or pending constitutional amendments banning same-sex marriage.
The Indiana House approved a measure that would amend the state's constitution prohibiting same-sex marriage. The bipartisan vote, unusual in Indiana, is the first step toward adoption.
The bill, however, has a long way to go before it will become law. Under Indiana law and amendment to the state's constitution requires passage in two separately elected state legislatures and a vote of the people.
It could be several years before the measure appears on the ballot.
Indiana law bans gay marriage as do 42 other states. Seventeen states currently have constitutional language defining marriage. Currently there is a legal challenge to the definition of marriage in California. A federal judge says that as written it is unconstitutional.
Indiana House Approves Gay Marriage Ban
--
A federal court has upheld a federal law that requires prisoners, parolees, and some people on probation to submit DNA samples for a national database.
The 2-1 decision in the 3rd Circuit Court of Appeals Monday ruled the government's interest in building a tool to help solve crime outweighs the privacy interest of criminal offenders.
Writing for the majority, Judge Jane R. Roth said while a similar intrusion into an "ordinary citizen's" privacy would be unconstitutional, prisoners and people on probation do not enjoy the same level of liberty.
Las Vegas SUN: Court Backs Law Requiring DNA Submissions
--
More later.
The US Court of Appeals for the 11th District has denied a petition from the Schindler family to have the feeding tube reinserted into Terri Schiavo. This is the second federal court to reject the appeal in two days.
The 2-1 decision was announced early Wednesday morning. In announcing the decision the judges recognized the tragedy of the case saying, "We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."
In his dissent, Judge Charles R. Wilson said he found no harm in reinserting the feeding tube and that the decision was frustrating the will of Congress and the President. Sorry, your honor, but the case is not about Congress or the President.
The Schindler family can appeal the decision to the full Court of Appeals for review and is preparing an appeal to the US Supreme Court.
The Supreme Court has declined to review the case in the recent past and is likely to reject this appeal. Justice John Paul Stevens, the Supreme Court Justice for the 11th District, will receive the appeal.
Wired Report
--
Television stations across the country are presenting stories on similar family tragedies. One particularly good story was produced by WSBT Channel 22 in South Bend. Click here for the story.
--
Speaking of Indiana, the state now joins a growing list of states with laws or pending constitutional amendments banning same-sex marriage.
The Indiana House approved a measure that would amend the state's constitution prohibiting same-sex marriage. The bipartisan vote, unusual in Indiana, is the first step toward adoption.
The bill, however, has a long way to go before it will become law. Under Indiana law and amendment to the state's constitution requires passage in two separately elected state legislatures and a vote of the people.
It could be several years before the measure appears on the ballot.
Indiana law bans gay marriage as do 42 other states. Seventeen states currently have constitutional language defining marriage. Currently there is a legal challenge to the definition of marriage in California. A federal judge says that as written it is unconstitutional.
Indiana House Approves Gay Marriage Ban
--
A federal court has upheld a federal law that requires prisoners, parolees, and some people on probation to submit DNA samples for a national database.
The 2-1 decision in the 3rd Circuit Court of Appeals Monday ruled the government's interest in building a tool to help solve crime outweighs the privacy interest of criminal offenders.
Writing for the majority, Judge Jane R. Roth said while a similar intrusion into an "ordinary citizen's" privacy would be unconstitutional, prisoners and people on probation do not enjoy the same level of liberty.
Las Vegas SUN: Court Backs Law Requiring DNA Submissions
--
More later.
Tuesday, March 22, 2005
Tuesday Update - 3.22.05 - Finally!
Good afternoon . . .
After the release of an independent report on Rathergate, CBS fired producer Mary Mapes, reassigned some '60 Minutes Wednesday' staffers, and asked for the resignation of three CBS executives, Josh Howard, Mary Murphy, and Betsy West.
For weeks none of them did so. In February both West and Murphy reached an agreement with CBS and subsequently resigned. Howard continued to maintain that his role was not properly described in the report and refused to resign. Howard also wanted CBS to apologize to him. No apology was forthcoming.
Today CBS and Howard reached an agreement and Howard resigned.
"While I am proud of all I have accomplished at CBS News over my entire 23-year career, it has become clear to me that the time has come for me to move on," Howard said in a statement.
There was no statement from CBS.
With the Howard resignation, the personnel matters at the news division are finalized. Dan Rather has left the anchor chair, but remains on the payroll as a "reporter" for '60 Minutes.' CBS News President Andrew Heyward remains on the payroll and is luck to have dodged the bullet. CBS President who, after the report, distanced himself from Rather, is working to change the third-place newscast.
With CBS News' reputation and credibility so tarnished by Rathergate, it is unlikely that it will be able to recover and gain in ratings. In some markets 'The CBS Evening News' lags behind reruns of 'The Simpsons' and other syndicated programming.
FOXNews.com - Foxlife - Final Figure in '60 Minutes' Scandal Resigns
--
As the Schiavo case moves closer and closer to the Supreme Court, the court's record on right to die cases is thin.
In 1990 the court rules that terminally ill patients have the right to refuse treatment. Next term the court will consider whether the federal government can prosecute doctors who help ill patients die.
Between these cases, the court has had little to say, choosing to allow the states to decide the issue.
The high court has already rejected appeals from the Schindler family (Terri's parents) and may do so again. Tuesday a federal district court judge in Tampa declined to order the feeding tube reinserted in to Terri Schiavo. The judge ruled that the arguments of the Schindler family were "without merit."
The Schindler's have appealed to the 11th Circuit Court of Appeals in Atlanta. There is no word on when the court may hear the appeal.
Yahoo! News - High Court's Right-To-Die Rulings Are Thin
--
Sen. Hillary Clinton (D-NY) and failed presidential candidate John Kerry (D-MA) want to dramatically change the way Americans vote in federal elections.
The Count Every Vote Act of 2005 would enable anyone to show up on election day, register, and vote without identification, proof of age, or proof of citizenship. Clinton says the bill is "critical to restoring America's faith in our voting system." It is likely to cause more voter fraud than any election in Cook County IL.
In order to vote all one needs to do is "affirm" that they are a citizen.
It is unlikely the bill will see either floor of Congress, but it may make for some interesting hearings.
WorldNetDaily: Hillary bill: Just show up and vote
Byron York
--
The Supreme Court heard arguments today in a case involving famed criminal attorney Johnnie Cochran.
A former client of Cochran's says that barring him from protesting in front of Cochran's office is a violation of his First Amendment rights.
The justices were critical of a permanent injunction against Troy. In critical questioning the justices noted that the injunction was too broad, but they wondered how to keep Troy away from Chochran's offices in Los Angeles.
Sometimes you have to laugh at some of the cases the high court hears. This is one of them.
Yahoo! News - High Court Hears Cochran Ex-Client's Case
--
More tomorrow.
After the release of an independent report on Rathergate, CBS fired producer Mary Mapes, reassigned some '60 Minutes Wednesday' staffers, and asked for the resignation of three CBS executives, Josh Howard, Mary Murphy, and Betsy West.
For weeks none of them did so. In February both West and Murphy reached an agreement with CBS and subsequently resigned. Howard continued to maintain that his role was not properly described in the report and refused to resign. Howard also wanted CBS to apologize to him. No apology was forthcoming.
Today CBS and Howard reached an agreement and Howard resigned.
"While I am proud of all I have accomplished at CBS News over my entire 23-year career, it has become clear to me that the time has come for me to move on," Howard said in a statement.
There was no statement from CBS.
With the Howard resignation, the personnel matters at the news division are finalized. Dan Rather has left the anchor chair, but remains on the payroll as a "reporter" for '60 Minutes.' CBS News President Andrew Heyward remains on the payroll and is luck to have dodged the bullet. CBS President who, after the report, distanced himself from Rather, is working to change the third-place newscast.
With CBS News' reputation and credibility so tarnished by Rathergate, it is unlikely that it will be able to recover and gain in ratings. In some markets 'The CBS Evening News' lags behind reruns of 'The Simpsons' and other syndicated programming.
FOXNews.com - Foxlife - Final Figure in '60 Minutes' Scandal Resigns
--
As the Schiavo case moves closer and closer to the Supreme Court, the court's record on right to die cases is thin.
In 1990 the court rules that terminally ill patients have the right to refuse treatment. Next term the court will consider whether the federal government can prosecute doctors who help ill patients die.
Between these cases, the court has had little to say, choosing to allow the states to decide the issue.
The high court has already rejected appeals from the Schindler family (Terri's parents) and may do so again. Tuesday a federal district court judge in Tampa declined to order the feeding tube reinserted in to Terri Schiavo. The judge ruled that the arguments of the Schindler family were "without merit."
The Schindler's have appealed to the 11th Circuit Court of Appeals in Atlanta. There is no word on when the court may hear the appeal.
Yahoo! News - High Court's Right-To-Die Rulings Are Thin
--
Sen. Hillary Clinton (D-NY) and failed presidential candidate John Kerry (D-MA) want to dramatically change the way Americans vote in federal elections.
The Count Every Vote Act of 2005 would enable anyone to show up on election day, register, and vote without identification, proof of age, or proof of citizenship. Clinton says the bill is "critical to restoring America's faith in our voting system." It is likely to cause more voter fraud than any election in Cook County IL.
In order to vote all one needs to do is "affirm" that they are a citizen.
It is unlikely the bill will see either floor of Congress, but it may make for some interesting hearings.
WorldNetDaily: Hillary bill: Just show up and vote
Byron York
--
The Supreme Court heard arguments today in a case involving famed criminal attorney Johnnie Cochran.
A former client of Cochran's says that barring him from protesting in front of Cochran's office is a violation of his First Amendment rights.
The justices were critical of a permanent injunction against Troy. In critical questioning the justices noted that the injunction was too broad, but they wondered how to keep Troy away from Chochran's offices in Los Angeles.
Sometimes you have to laugh at some of the cases the high court hears. This is one of them.
Yahoo! News - High Court Hears Cochran Ex-Client's Case
--
More tomorrow.
Tuesday Briefing - 3.22.05 - And So It Continues
Good morning . . .
A Florida federal judge has ruled the same as many judges before him in the Terri Schiavo case.
US District Court Judge James Whittemore denied an emergency request by Schiavo's parents to reinsert the feeding tube into the brain-damaged woman.
In his ruling Judge Whittemore said Terri's due process rights have not been violated and that the Schindler's claim that she did not receive an impartial trial and her religious rights violated were "without merit."
Of all the opinions and rulings in this tragic case, this ruling is the most clear about the Schindler family's lack of standing and merits of their arguments.
Unwilling to let any ruling stand the Schindler family has filed another appeal with the US Court of Appeals in Atlanta. It is likely that the decision of the district court will be upheld.
This case is likely to get to the US Supreme Court which has decline twice to hear the case. It is likely that the high court will decline it a third time.
Judge Rules Against Terri's Parents -- 03/22/2005
--
In a statement even unique for Democrats, Sen. Jon Corzine (D-NJ) compared Vice President Dick Cheney to Saddam Hussein.
In a conference call with reporters Monday Corzine is quoted as saying sending Dick Cheney to campaign for Social Security reform is like sending Saddam Hussein to campaign for democracy.
Corzine's statement was in response to questions about Social Security reform.
RNC Chairman Ken Mehlman said that Corzine's comments are "rhetoric you'd expect to hear from Michael Moore not a United States Senator."
CNSNews.com -- News This Hour
--
The Supreme Court ruled today that a jury which sentenced a convicted killer to death had properly taken into account his religious conversion, even though a prosecutor incorrectly argued it was irrelevant.
In a 5-3 ruling, justices reversed a lower court order for a new trial for William Payton. While prosecutors may have been wrong to make that assertion, the error did not make a difference in sentencing.
"Testimony about a religious conversion spanning one year and nine months may well have been considered altogether insignificant in light of the brutality of the crimes, the prior offenses, and a proclivity for committing violent acts against women," Justice Anthony Kennedy wrote for the majority.
In a dissent Justice David Souter said Payton deserved a new trial because of the prosecutor's repeated misstatements, which the trial judge did not correct in a jury instruction.
The case is Brown v. Payton 03-1039.
--
More later.
A Florida federal judge has ruled the same as many judges before him in the Terri Schiavo case.
US District Court Judge James Whittemore denied an emergency request by Schiavo's parents to reinsert the feeding tube into the brain-damaged woman.
In his ruling Judge Whittemore said Terri's due process rights have not been violated and that the Schindler's claim that she did not receive an impartial trial and her religious rights violated were "without merit."
Of all the opinions and rulings in this tragic case, this ruling is the most clear about the Schindler family's lack of standing and merits of their arguments.
Unwilling to let any ruling stand the Schindler family has filed another appeal with the US Court of Appeals in Atlanta. It is likely that the decision of the district court will be upheld.
This case is likely to get to the US Supreme Court which has decline twice to hear the case. It is likely that the high court will decline it a third time.
Judge Rules Against Terri's Parents -- 03/22/2005
--
In a statement even unique for Democrats, Sen. Jon Corzine (D-NJ) compared Vice President Dick Cheney to Saddam Hussein.
In a conference call with reporters Monday Corzine is quoted as saying sending Dick Cheney to campaign for Social Security reform is like sending Saddam Hussein to campaign for democracy.
Corzine's statement was in response to questions about Social Security reform.
RNC Chairman Ken Mehlman said that Corzine's comments are "rhetoric you'd expect to hear from Michael Moore not a United States Senator."
CNSNews.com -- News This Hour
--
The Supreme Court ruled today that a jury which sentenced a convicted killer to death had properly taken into account his religious conversion, even though a prosecutor incorrectly argued it was irrelevant.
In a 5-3 ruling, justices reversed a lower court order for a new trial for William Payton. While prosecutors may have been wrong to make that assertion, the error did not make a difference in sentencing.
"Testimony about a religious conversion spanning one year and nine months may well have been considered altogether insignificant in light of the brutality of the crimes, the prior offenses, and a proclivity for committing violent acts against women," Justice Anthony Kennedy wrote for the majority.
In a dissent Justice David Souter said Payton deserved a new trial because of the prosecutor's repeated misstatements, which the trial judge did not correct in a jury instruction.
The case is Brown v. Payton 03-1039.
--
More later.
Monday, March 21, 2005
Monday Update #2 - 3.21.05
Good Evening . . .
A federal judge in Tampa will not make an immediate decision after a two-hour hearing to determine whether a feeding tube will be reinserted into a brain-damaged Florida woman.
Judge James Whittemore gave no indication when he may rule in the case. The court was compelled to take the case after Congress passed a bill signed by President Bush that allows Terri Schiavo's parents to appeal to the federal court system. Although the narrowly crafted bill is designed for the Schiavo family, it is likely to be challenged as unconstitutional and eventually struck down.
Democrats and Republicans alike are saying that the bill is a dangerous precedent that could involved the Congress in similar requests from distraught family members. The number of potential bills could bog down the Congress for years.
Some Republicans are praising the bill as part of the "culture of life." It is more likely that some members of Congress are using the Schindler family (Terri's parents) as pawns for quick political gain.
CBC News: U.S. judge reserves ruling in Schiavo case
--
Polls taken by left-leaning ABC News and CNN News show that most Americans believe that Congress should not have gotten involved in the Schiavo case.
Seven out of 10 Americans say that Congress inappropriately intervened in a family matter.
Six out of 10 Americans say they agree with the Florida judge who order the feed tube removed. These respondents believe that they would remove a feeding tube if a spouse or child was in the same condition.
The ABC News poll was taken Sunday evening using 501 responses and has a margin of error 4.5%. The USA Today-Gallup poll of 909 adults was taken Friday through Sunday and has a sampling error of 3%.
Yahoo! News - Poll: Congress Should Sit Out Schiavo Case
--
More tomorrow
A federal judge in Tampa will not make an immediate decision after a two-hour hearing to determine whether a feeding tube will be reinserted into a brain-damaged Florida woman.
Judge James Whittemore gave no indication when he may rule in the case. The court was compelled to take the case after Congress passed a bill signed by President Bush that allows Terri Schiavo's parents to appeal to the federal court system. Although the narrowly crafted bill is designed for the Schiavo family, it is likely to be challenged as unconstitutional and eventually struck down.
Democrats and Republicans alike are saying that the bill is a dangerous precedent that could involved the Congress in similar requests from distraught family members. The number of potential bills could bog down the Congress for years.
Some Republicans are praising the bill as part of the "culture of life." It is more likely that some members of Congress are using the Schindler family (Terri's parents) as pawns for quick political gain.
CBC News: U.S. judge reserves ruling in Schiavo case
--
Polls taken by left-leaning ABC News and CNN News show that most Americans believe that Congress should not have gotten involved in the Schiavo case.
Seven out of 10 Americans say that Congress inappropriately intervened in a family matter.
Six out of 10 Americans say they agree with the Florida judge who order the feed tube removed. These respondents believe that they would remove a feeding tube if a spouse or child was in the same condition.
The ABC News poll was taken Sunday evening using 501 responses and has a margin of error 4.5%. The USA Today-Gallup poll of 909 adults was taken Friday through Sunday and has a sampling error of 3%.
Yahoo! News - Poll: Congress Should Sit Out Schiavo Case
--
More tomorrow
Monday Update - 3.21.05 - Supreme Court Activity
Good morning . . .
The US Supreme Court begins another week of reviewing cases and hearing arguments today.
The most notable difference in this round is the return of Chief Justice William H. Rehnquist to the bench. The 80-year old jurist looked frail, but conducted proceedings in a clear although hoarse voice.
Chief Justice Rehnquist has not been on the bench since beginning treatment for thyroid cancer in October.
Although Rehnquist has returned to the bench, it does not quiet speculation that he will retire at the end of this term.
Yahoo! News - Ailing Rehnquist Returning to Bench
--
The US Supreme Court declined to hear an appeal on behalf of terrorist suspect Zacarias Moussaoui.
Justices let stand a lower court ruling that allowed the government to pursue the death penalty while restricting Moussaoui's direct access to three al-Qaida terror captives. The lower court, citing national security concerns, said Moussaoui could use government-prepared summaries from the captives but not interview them himself.
The Supreme Court action now shifts the case back to a district court. A trial could start as early as September.
Yahoo! News - High Court Won't Hear Moussaoui's Appeal
--
The Court let stand the appointment of federal judges by President Bush during an interim recess of the Congress. Attorneys for several criminal defendants argued that the President can only make recess appointments between terms of Congress. They also argued that the President can only make appointments to the executive branch not the judiciary.
The court declined to hear the cases in an order by Justice John Paul Stevens. Justice Stevens issued a brief statement said that the rejection of an appeal had nothing to do with the merits of the case. He suggested Justices may be interested in hearing the case later when it completes the full course of appeals in lower courts. I think Justice Stevens is leaving the door open to further appeals on this issue.
Yahoo! News - Justices Let Stand Bush's Appointment of Judge
--
The Supreme Court today rejected an appeal by Philip Morris of the $9 million dollar judgment awarded to a longtime smoker with lung cancer.
Without comment the court declined to hear the appeal or whether the case should be sent back to a lower court for further consideration.
Yahoo! News - Court Rejects Philip Morris $9 Million Award Appeal
--
More later.
The US Supreme Court begins another week of reviewing cases and hearing arguments today.
The most notable difference in this round is the return of Chief Justice William H. Rehnquist to the bench. The 80-year old jurist looked frail, but conducted proceedings in a clear although hoarse voice.
Chief Justice Rehnquist has not been on the bench since beginning treatment for thyroid cancer in October.
Although Rehnquist has returned to the bench, it does not quiet speculation that he will retire at the end of this term.
Yahoo! News - Ailing Rehnquist Returning to Bench
--
The US Supreme Court declined to hear an appeal on behalf of terrorist suspect Zacarias Moussaoui.
Justices let stand a lower court ruling that allowed the government to pursue the death penalty while restricting Moussaoui's direct access to three al-Qaida terror captives. The lower court, citing national security concerns, said Moussaoui could use government-prepared summaries from the captives but not interview them himself.
The Supreme Court action now shifts the case back to a district court. A trial could start as early as September.
Yahoo! News - High Court Won't Hear Moussaoui's Appeal
--
The Court let stand the appointment of federal judges by President Bush during an interim recess of the Congress. Attorneys for several criminal defendants argued that the President can only make recess appointments between terms of Congress. They also argued that the President can only make appointments to the executive branch not the judiciary.
The court declined to hear the cases in an order by Justice John Paul Stevens. Justice Stevens issued a brief statement said that the rejection of an appeal had nothing to do with the merits of the case. He suggested Justices may be interested in hearing the case later when it completes the full course of appeals in lower courts. I think Justice Stevens is leaving the door open to further appeals on this issue.
Yahoo! News - Justices Let Stand Bush's Appointment of Judge
--
The Supreme Court today rejected an appeal by Philip Morris of the $9 million dollar judgment awarded to a longtime smoker with lung cancer.
Without comment the court declined to hear the appeal or whether the case should be sent back to a lower court for further consideration.
Yahoo! News - Court Rejects Philip Morris $9 Million Award Appeal
--
More later.
Monday Briefing - 3.21.05- - What Did Congress Do?
Good morning . . .
The fate of a brain-damaged Florida woman is in the hands on a judge again. This time, thanks to Congress, it is in the hands of a federal judge.
Over the weekend, the US Senate and House took an unprecedented move to interfere in the life of one person and two families. The bill the House passed late last night affects only the Schiavo and Schindler families. It is, likely, unconstitutional and sets a dangerous precedent for all family disputes.
The Congress has no business passing this type of legislation. Yes, it is a sad story, but how many bills will Congress pass for other "sad stories." Millions of families are affected by tragedy every year. Will Congress pass a bill for each and every family that asks for it or has political connections. It is NOT Congress' business to interfere in such a way.
By passing this bill the Congress has effectively overturned the separation of powers and the power of a state to governor its people. It has told Florida judges that their opinions, orders, and rulings are not viable. That Congress can step in and take the place of the judiciary when it sees fit. This very bill is an example of why the founding fathers wanted separation of powers.
This is not a bill that should have been passed or signed.
Why did the Congress do it? Even I will say that it was politically motivated. It was a way for many Republicans to show their conservative religious base that they are serious about a "culture of life." The only culture that Tom DeLay and friends are interested in is "Washington culture" and their desire to stay there.
Since it has been passed and signed into law, a federal judge will now review the case and decide whether to issue a restraining order while the federal court system applies it snail-like process to review the case in full.
Eyewitness News - Schiavo's Fate In Hands of Judge
--
More later.
The fate of a brain-damaged Florida woman is in the hands on a judge again. This time, thanks to Congress, it is in the hands of a federal judge.
Over the weekend, the US Senate and House took an unprecedented move to interfere in the life of one person and two families. The bill the House passed late last night affects only the Schiavo and Schindler families. It is, likely, unconstitutional and sets a dangerous precedent for all family disputes.
The Congress has no business passing this type of legislation. Yes, it is a sad story, but how many bills will Congress pass for other "sad stories." Millions of families are affected by tragedy every year. Will Congress pass a bill for each and every family that asks for it or has political connections. It is NOT Congress' business to interfere in such a way.
By passing this bill the Congress has effectively overturned the separation of powers and the power of a state to governor its people. It has told Florida judges that their opinions, orders, and rulings are not viable. That Congress can step in and take the place of the judiciary when it sees fit. This very bill is an example of why the founding fathers wanted separation of powers.
This is not a bill that should have been passed or signed.
Why did the Congress do it? Even I will say that it was politically motivated. It was a way for many Republicans to show their conservative religious base that they are serious about a "culture of life." The only culture that Tom DeLay and friends are interested in is "Washington culture" and their desire to stay there.
Since it has been passed and signed into law, a federal judge will now review the case and decide whether to issue a restraining order while the federal court system applies it snail-like process to review the case in full.
Eyewitness News - Schiavo's Fate In Hands of Judge
--
More later.
Friday, March 18, 2005
Friday Briefing - 3.18.05
Good afternoon . .
It has been a very strange day in the life of the Schiavo and Schindler families.
The legal manuvering trying to compell doctors to maintain a feeding tube in the serverely brain-damaged Terri Schiavo would make Professor Kingsfield's head spin.
Early in the day a Florida judge issued a stay that would prevent the tube from being removed. Later, and not much later, the same judge ruled that it could be removed.
Florida legislators failed to compromoise on a new "Terri's Law" that would have kept the tube in place. The U.S. Supreme Court also declined to hear an emergency appeal from the Schindler family.
Now for the most fantastic manuever. The US House of Representative tried to use its subpeona power to stop the removal of the tube. In a hard to understand move, members of the House requested either a stay or temporary restraining order while the Hosue held heatings. This is truly an abuse of power and an infringemnt on states' rights and privacy. The legal moves today folow the failure of the House to compromise with a Senate bill that would allow a direct appeal to federal courts for patients like Schiavo.
While their hearts may be in the right place, the House has no legal standing in the matter and should not try to create one for political gain.
Later Friday afternoon, doctors removed the feeding tube from Schiavo. Unless some one intervenes to have the tube reinserted it could take up to two weeks for the 41-year old Florida woman to die.
Yahoo! News - Brain-Damaged Woman's Feeding Tube Removed
--
Supreme Court watchers will be looking for Chief Justice WIlliam H. Regnquist when the court returns to hear cases on Monday.
A Court spokesperson said that Rehnquist has not made a decision on returning and would provie no update on his health. Rehnquist has benn undergoing treatment for thyroid cancer since October 2004.
The court will hear arguments in the next two weeks on whether file-sharing services should be held responsible when their customers illegally swap songs and movies online. It will also revisit the death penalty when justices consider how U.S. authorities should deal with foreign nationals facing charges that could result in execution.
Yahoo! News - Rehnquist Still Weighing Whether to Return
--
No one has official announced a run for the Presidency in 2008, but an aide for Sen. Hillary CLinton has fired the first shot,
Ann Lewis, communications director for CLinton's political action committee, told the Forward, a weekly New York based newspapaer aimed at a Jewish audience, that the Kerry campaign had "a different message every two or three weeks."
Lewis is quoted as saying the Kerry campaign "kept trying to rationally convince, to put a presidency together, line by line, plan by plan." She said people "don't vote for plans, they vote for presidents."
Well, Ms Lewis is partially right. People do vote for preisdents, but only if they have a plan that will work and makes sense. Kerry did not have a plan and when he tried to explain his plan, it did not make any sense.
Lewis did work for the Kerry campaign and had some responsibility for the campiagn's inability to connect with voters. It is good to see her woking for Clinton.
BostonHerald.com - National Politics: Clinton adviser: Kerry ran inconsistent campaign
--
More Monday. Have a great weekend.
It has been a very strange day in the life of the Schiavo and Schindler families.
The legal manuvering trying to compell doctors to maintain a feeding tube in the serverely brain-damaged Terri Schiavo would make Professor Kingsfield's head spin.
Early in the day a Florida judge issued a stay that would prevent the tube from being removed. Later, and not much later, the same judge ruled that it could be removed.
Florida legislators failed to compromoise on a new "Terri's Law" that would have kept the tube in place. The U.S. Supreme Court also declined to hear an emergency appeal from the Schindler family.
Now for the most fantastic manuever. The US House of Representative tried to use its subpeona power to stop the removal of the tube. In a hard to understand move, members of the House requested either a stay or temporary restraining order while the Hosue held heatings. This is truly an abuse of power and an infringemnt on states' rights and privacy. The legal moves today folow the failure of the House to compromise with a Senate bill that would allow a direct appeal to federal courts for patients like Schiavo.
While their hearts may be in the right place, the House has no legal standing in the matter and should not try to create one for political gain.
Later Friday afternoon, doctors removed the feeding tube from Schiavo. Unless some one intervenes to have the tube reinserted it could take up to two weeks for the 41-year old Florida woman to die.
Yahoo! News - Brain-Damaged Woman's Feeding Tube Removed
--
Supreme Court watchers will be looking for Chief Justice WIlliam H. Regnquist when the court returns to hear cases on Monday.
A Court spokesperson said that Rehnquist has not made a decision on returning and would provie no update on his health. Rehnquist has benn undergoing treatment for thyroid cancer since October 2004.
The court will hear arguments in the next two weeks on whether file-sharing services should be held responsible when their customers illegally swap songs and movies online. It will also revisit the death penalty when justices consider how U.S. authorities should deal with foreign nationals facing charges that could result in execution.
Yahoo! News - Rehnquist Still Weighing Whether to Return
--
No one has official announced a run for the Presidency in 2008, but an aide for Sen. Hillary CLinton has fired the first shot,
Ann Lewis, communications director for CLinton's political action committee, told the Forward, a weekly New York based newspapaer aimed at a Jewish audience, that the Kerry campaign had "a different message every two or three weeks."
Lewis is quoted as saying the Kerry campaign "kept trying to rationally convince, to put a presidency together, line by line, plan by plan." She said people "don't vote for plans, they vote for presidents."
Well, Ms Lewis is partially right. People do vote for preisdents, but only if they have a plan that will work and makes sense. Kerry did not have a plan and when he tried to explain his plan, it did not make any sense.
Lewis did work for the Kerry campaign and had some responsibility for the campiagn's inability to connect with voters. It is good to see her woking for Clinton.
BostonHerald.com - National Politics: Clinton adviser: Kerry ran inconsistent campaign
--
More Monday. Have a great weekend.
Thursday, March 17, 2005
Very Late Thursday Briefing - 3.17.05
No, I was not out celebrating St. Patrick's Day. I was having problems with Blogspot and Internet Explorer. I'm using Firefox again.
So here is the briefing & update for Thursday. Friday's Briefing will be posted after 4PM ET.
--
The Senate sent a "slap" to the President.
An amendment to the Bush budget bill added back to the $2.6T budget the cuts the Administration wanted in Medicaid. The final bill that passd the Senate 51-49 clashes dramtically with the Hosue passed budget which made further cuts.
After the House passed its version it chided the Senate to find more fiscal responsibility than it has shown before.
In a surprise move, the Senate nearly doubled tax cuts to $134 billion over the next five years.
The budget sets overall tax and spending targets to guide Congress as it writes bills later in the year that make actual changes in programs and tax laws.
With differing versions of the budget, the competeing bills will go to a conference committee for discussion, amendment, and partisan bickering.
Yahoo! News - Senate Passes Budget With Medicaid Intact
--
The showdown on filibusters for judicial nominees is getting closer.
The Senate Judiciary Committee voted, on a 10-8 party line vote, to resend the nomination of William Meyers for the 9th Circuit Court of Appeals to the full Senate.
The 9th Circuit is the most liberal and most overturned Circuit Court in the federal system.
Senate Democrats have vowed to give re-nominated judges the same treatment they received before. In other words, a filibuster. Senate Majority Leader Bill Frist (R-TN) has promised to change the rules on filubusters for judicial nominees if Democrats use them this time.
Minority Leader Henry Reid (D-NV) wrote to Frist "warning" him that any change in the rules will cause Democrats to filibuster every bill excpet those pertaining to the military or national security. This would bring the work of the Senate to a halt and little legislation including the budget and other spending bills would be passed.
In a Thursday letter to Reid, Frist suggested he might offer a solution that would limit debate time on nominees, followed by a final confirmation vote. Senior Democratic Sen. Robert Byrd of West Virginia did the same thing with legislation back in 1979 instead of trying to change the filibuster rules, Frist said.
"It will protect the Constitution, validate our duties as senators and restore fairness to a process gone awry," Frist said.
There is no word when the nomination may be brought up on the floor of the Senate.
Yahoo! News - Panel Resends Blocked Bush Judge Nominees
--
Federal lawmakers are still trying to craft a bill that will save the life of a brain-damaged Florida woman.
Both the House and the Senate have passed legislation that would allow federal courts to intervene in such cases. The bills, however, were different in scope and a compromise was not reached before the House ajourned for a two week recess.
Partisans in the House blamed each other for the difference in the bills and an unwillingness to compromise. Members of the Senate praised their bi-partisan approach.
The US Supreme Court received an emegeny petition fron Terri Schindler Schiavo's parents, but the high court declined to act.
Late Thursday night Senators annonced they were still holding talks and Congress may return on Monday for a brief session to work on the bill.
State legislatures in Florida have also failed to reach a compromise on a new "Terri's Law."
Schiavo's feeding tube is scheduled to be removed Friday at 1 ET.
Yahoo! News - Congress, Court Don't Act in Brain Damage Case
--
More tomorrow
So here is the briefing & update for Thursday. Friday's Briefing will be posted after 4PM ET.
--
The Senate sent a "slap" to the President.
An amendment to the Bush budget bill added back to the $2.6T budget the cuts the Administration wanted in Medicaid. The final bill that passd the Senate 51-49 clashes dramtically with the Hosue passed budget which made further cuts.
After the House passed its version it chided the Senate to find more fiscal responsibility than it has shown before.
In a surprise move, the Senate nearly doubled tax cuts to $134 billion over the next five years.
The budget sets overall tax and spending targets to guide Congress as it writes bills later in the year that make actual changes in programs and tax laws.
With differing versions of the budget, the competeing bills will go to a conference committee for discussion, amendment, and partisan bickering.
Yahoo! News - Senate Passes Budget With Medicaid Intact
--
The showdown on filibusters for judicial nominees is getting closer.
The Senate Judiciary Committee voted, on a 10-8 party line vote, to resend the nomination of William Meyers for the 9th Circuit Court of Appeals to the full Senate.
The 9th Circuit is the most liberal and most overturned Circuit Court in the federal system.
Senate Democrats have vowed to give re-nominated judges the same treatment they received before. In other words, a filibuster. Senate Majority Leader Bill Frist (R-TN) has promised to change the rules on filubusters for judicial nominees if Democrats use them this time.
Minority Leader Henry Reid (D-NV) wrote to Frist "warning" him that any change in the rules will cause Democrats to filibuster every bill excpet those pertaining to the military or national security. This would bring the work of the Senate to a halt and little legislation including the budget and other spending bills would be passed.
In a Thursday letter to Reid, Frist suggested he might offer a solution that would limit debate time on nominees, followed by a final confirmation vote. Senior Democratic Sen. Robert Byrd of West Virginia did the same thing with legislation back in 1979 instead of trying to change the filibuster rules, Frist said.
"It will protect the Constitution, validate our duties as senators and restore fairness to a process gone awry," Frist said.
There is no word when the nomination may be brought up on the floor of the Senate.
Yahoo! News - Panel Resends Blocked Bush Judge Nominees
--
Federal lawmakers are still trying to craft a bill that will save the life of a brain-damaged Florida woman.
Both the House and the Senate have passed legislation that would allow federal courts to intervene in such cases. The bills, however, were different in scope and a compromise was not reached before the House ajourned for a two week recess.
Partisans in the House blamed each other for the difference in the bills and an unwillingness to compromise. Members of the Senate praised their bi-partisan approach.
The US Supreme Court received an emegeny petition fron Terri Schindler Schiavo's parents, but the high court declined to act.
Late Thursday night Senators annonced they were still holding talks and Congress may return on Monday for a brief session to work on the bill.
State legislatures in Florida have also failed to reach a compromise on a new "Terri's Law."
Schiavo's feeding tube is scheduled to be removed Friday at 1 ET.
Yahoo! News - Congress, Court Don't Act in Brain Damage Case
--
More tomorrow
Very Late Thursday Briefing - 3.17.05
No, I was not out celebrating St. Patrick's Day. I was having problems with Blogspot and Internet Explorer. I'm using Firefox again.
So here is the briefing & update for Thursday. Friday's Briefing will be posted after 4PM ET.
--
The Senate sent a "slap" to the President.
An amendment to the Bush budget bill added back to the $2.6T budget the cuts the Administration wanted in Medicaid. The final bill that passd the Senate 51-49 clashes dramtically with the Hosue passed budget which made further cuts.
After the House passed its version it chided the Senate to find more fiscal responsibility than it has shown before.
In a surprise move, the Senate nearly doubled tax cuts to $134 billion over the next five years.
The budget sets overall tax and spending targets to guide Congress as it writes bills later in the year that make actual changes in programs and tax laws.
With differing versions of the budget, the competeing bills will go to a conference committee for discussion, amendment, and partisan bickering.
Yahoo! News - Senate Passes Budget With Medicaid Intact
--
The showdown on filibusters for judicial nominees is getting closer.
The Senate Judiciary Committee voted, on a 10-8 party line vote, to resend the nomination of William Meyers for the 9th Circuit Court of Appeals to the full Senate.
The 9th Circuit is the most liberal and most overturned Circuit Court in the federal system.
Senate Democrats have vowed to give re-nominated judges the same treatment they received before. In other words, a filibuster. Senate Majority Leader Bill Frist (R-TN) has promised to change the rules on filubusters for judicial nominees if Democrats use them this time.
Minority Leader Henry Reid (D-NV) wrote to Frist "warning" him that any change in the rules will cause Democrats to filibuster every bill excpet those pertaining to the military or national security. This would bring the work of the Senate to a halt and little legislation including the budget and other spending bills would be passed.
In a Thursday letter to Reid, Frist suggested he might offer a solution that would limit debate time on nominees, followed by a final confirmation vote. Senior Democratic Sen. Robert Byrd of West Virginia did the same thing with legislation back in 1979 instead of trying to change the filibuster rules, Frist said.
"It will protect the Constitution, validate our duties as senators and restore fairness to a process gone awry," Frist said.
There is no word when the nomination may be brought up on the floor of the Senate.
Yahoo! News - Panel Resends Blocked Bush Judge Nominees
--
Federal lawmakers are still trying to craft a bill that will save the life of a brain-damaged Florida woman.
Both the House and the Senate have passed legislation that would allow federal courts to intervene in such cases. The bills, however, were different in scope and a compromise was not reached before the House ajourned for a two week recess.
Partisans in the House blamed each other for the difference in the bills and an unwillingness to compromise. Members of the Senate praised their bi-partisan approach.
The US Supreme Court received an emegeny petition fron Terri Schindler Schiavo's parents, but the high court declined to act.
Late Thursday night Senators annonced they were still holding talks and Congress may return on Monday for a brief session to work on the bill.
State legislatures in Florida have also failed to reach a compromise on a new "Terri's Law."
Schiavo's feeding tube is scheduled to be removed Friday at 1 ET.
Yahoo! News - Congress, Court Don't Act in Brain Damage Case
--
More tomorrow
So here is the briefing & update for Thursday. Friday's Briefing will be posted after 4PM ET.
--
The Senate sent a "slap" to the President.
An amendment to the Bush budget bill added back to the $2.6T budget the cuts the Administration wanted in Medicaid. The final bill that passd the Senate 51-49 clashes dramtically with the Hosue passed budget which made further cuts.
After the House passed its version it chided the Senate to find more fiscal responsibility than it has shown before.
In a surprise move, the Senate nearly doubled tax cuts to $134 billion over the next five years.
The budget sets overall tax and spending targets to guide Congress as it writes bills later in the year that make actual changes in programs and tax laws.
With differing versions of the budget, the competeing bills will go to a conference committee for discussion, amendment, and partisan bickering.
Yahoo! News - Senate Passes Budget With Medicaid Intact
--
The showdown on filibusters for judicial nominees is getting closer.
The Senate Judiciary Committee voted, on a 10-8 party line vote, to resend the nomination of William Meyers for the 9th Circuit Court of Appeals to the full Senate.
The 9th Circuit is the most liberal and most overturned Circuit Court in the federal system.
Senate Democrats have vowed to give re-nominated judges the same treatment they received before. In other words, a filibuster. Senate Majority Leader Bill Frist (R-TN) has promised to change the rules on filubusters for judicial nominees if Democrats use them this time.
Minority Leader Henry Reid (D-NV) wrote to Frist "warning" him that any change in the rules will cause Democrats to filibuster every bill excpet those pertaining to the military or national security. This would bring the work of the Senate to a halt and little legislation including the budget and other spending bills would be passed.
In a Thursday letter to Reid, Frist suggested he might offer a solution that would limit debate time on nominees, followed by a final confirmation vote. Senior Democratic Sen. Robert Byrd of West Virginia did the same thing with legislation back in 1979 instead of trying to change the filibuster rules, Frist said.
"It will protect the Constitution, validate our duties as senators and restore fairness to a process gone awry," Frist said.
There is no word when the nomination may be brought up on the floor of the Senate.
Yahoo! News - Panel Resends Blocked Bush Judge Nominees
--
Federal lawmakers are still trying to craft a bill that will save the life of a brain-damaged Florida woman.
Both the House and the Senate have passed legislation that would allow federal courts to intervene in such cases. The bills, however, were different in scope and a compromise was not reached before the House ajourned for a two week recess.
Partisans in the House blamed each other for the difference in the bills and an unwillingness to compromise. Members of the Senate praised their bi-partisan approach.
The US Supreme Court received an emegeny petition fron Terri Schindler Schiavo's parents, but the high court declined to act.
Late Thursday night Senators annonced they were still holding talks and Congress may return on Monday for a brief session to work on the bill.
State legislatures in Florida have also failed to reach a compromise on a new "Terri's Law."
Schiavo's feeding tube is scheduled to be removed Friday at 1 ET.
Yahoo! News - Congress, Court Don't Act in Brain Damage Case
--
More tomorrow
Wednesday, March 16, 2005
Wednesday Update - 3.16.05 - Peterson Sentenced to Death
Good Afternoon . . .
It was no surprise when a California judge upheld the recommendation of the jury and sentenced Scott Peterson to death. Peterson was convicted in November 2004 of the murder of his wife Laci.
Judge Alfred A. Delucchi allowed only Laci's family members to talk during the hearing. At one point Peterson family members shouted in the courtroom and were quickly admonished by the judge.
Delucchi denied defense motions for a new trial and reduced sentence before announcing his decision. The judge also denied a request that the Peterson family be allowed to speak.
"The court is satisfied beyond a reasonable doubt that the defendant, Scott Lee Peterson, is guilty of first-degree murder" and second degree, Delucchi said, adding that he found the killings "were cruel, uncaring, heartless and callous."
Peterson will be taken to Death Row at San Quentin State Prison within 48 hours.
Although expected, there was no word from the defense on an appeal.
The judge did not set a date for the execution, but it is likely to be years before Peterson is put to death.
Yahoo! News - Peterson Judge Sentences Him to Death
--
A state appeals court in Florida Wednesday refused to block the removal of Terri Schiavo's feeding tube later this week. The tube is scheduled to be removed at 1pm Friday.
The Florida State Legislature is attempting to pass a "new" Terri's law before the deadline. The legislatures first attempt was ruled unconstitutional by the Florida Supreme Court and the US Supreme Court declined to hear the case. Competing versions of the bill may cause the legislature to miss the deadline.
The appeals court said the issues raised by the Schindler's (Terri's parents) were not new and had been dealt with by numerous state and federal courts.
"Not only has Mrs. Schiavo's case been given due process, but few, if any similar cases have ever been afforded this heightened level of process," Chief Judge Chris Altenbernd said.
Barbara Weller, attorney for the Schindler's, has not said if she will appeal to the Florida Supreme Court.
Last week Supreme Court Justice Antonin Scalia was critical of the high court for its involvement in death penalty and abortion cases. The case of Terri Schiavo, although tragic, is another example of a case that the Supreme Court should not consider.
Yahoo! News - Court Won't Intervene in Schiavo Case
--
The faculty at Harvard University should find something better to do with their time and energy. Tuesday the faculty of the College of Arts and Science voted "no confidence" in Harvard President Lawrence Summers.
The controversy centers on remarks made by Summers about the lack of qualified women in the arts and science. Harvard faculty disagree. Although Summers apologized many times, his supporters say he was raising a legitimate academic question.
The faculty vote is only symbolic. The President of Harvard only reports to the Harvard Corporation, the university's governing body. That body has expressed confidence in the leadership of Summers. Plus, the Arts & Sciences Faculty is just one of 10 that comprise the university.
Yahoo! News - Faculty Fires Warning at Harvard's Summers
--
More tomorrow.
It was no surprise when a California judge upheld the recommendation of the jury and sentenced Scott Peterson to death. Peterson was convicted in November 2004 of the murder of his wife Laci.
Judge Alfred A. Delucchi allowed only Laci's family members to talk during the hearing. At one point Peterson family members shouted in the courtroom and were quickly admonished by the judge.
Delucchi denied defense motions for a new trial and reduced sentence before announcing his decision. The judge also denied a request that the Peterson family be allowed to speak.
"The court is satisfied beyond a reasonable doubt that the defendant, Scott Lee Peterson, is guilty of first-degree murder" and second degree, Delucchi said, adding that he found the killings "were cruel, uncaring, heartless and callous."
Peterson will be taken to Death Row at San Quentin State Prison within 48 hours.
Although expected, there was no word from the defense on an appeal.
The judge did not set a date for the execution, but it is likely to be years before Peterson is put to death.
Yahoo! News - Peterson Judge Sentences Him to Death
--
A state appeals court in Florida Wednesday refused to block the removal of Terri Schiavo's feeding tube later this week. The tube is scheduled to be removed at 1pm Friday.
The Florida State Legislature is attempting to pass a "new" Terri's law before the deadline. The legislatures first attempt was ruled unconstitutional by the Florida Supreme Court and the US Supreme Court declined to hear the case. Competing versions of the bill may cause the legislature to miss the deadline.
The appeals court said the issues raised by the Schindler's (Terri's parents) were not new and had been dealt with by numerous state and federal courts.
"Not only has Mrs. Schiavo's case been given due process, but few, if any similar cases have ever been afforded this heightened level of process," Chief Judge Chris Altenbernd said.
Barbara Weller, attorney for the Schindler's, has not said if she will appeal to the Florida Supreme Court.
Last week Supreme Court Justice Antonin Scalia was critical of the high court for its involvement in death penalty and abortion cases. The case of Terri Schiavo, although tragic, is another example of a case that the Supreme Court should not consider.
Yahoo! News - Court Won't Intervene in Schiavo Case
--
The faculty at Harvard University should find something better to do with their time and energy. Tuesday the faculty of the College of Arts and Science voted "no confidence" in Harvard President Lawrence Summers.
The controversy centers on remarks made by Summers about the lack of qualified women in the arts and science. Harvard faculty disagree. Although Summers apologized many times, his supporters say he was raising a legitimate academic question.
The faculty vote is only symbolic. The President of Harvard only reports to the Harvard Corporation, the university's governing body. That body has expressed confidence in the leadership of Summers. Plus, the Arts & Sciences Faculty is just one of 10 that comprise the university.
Yahoo! News - Faculty Fires Warning at Harvard's Summers
--
More tomorrow.
Wednesday Briefing - 3.16.05 - Peterson Sentencing Today
Good morning . . .
It will be all Peterson all the time today on many of the cable news networks.
Scott Peterson will be sentenced by a California judge today in the murder of his wife Laci. A jury convicted Peterson of the murders and assigned the death penalty. Under California law, the judge can commute the sentence to life without parole, but it is unlikely he will change the sentence.
During today's hearing the judge will hear from family members and defense attorneys. The defense has several motions before the court including a motion for a new trial.
In its motion the defense claims that the judge erred by dismissing two jurors and not granting a second motion for a change of venue. It is unlikely that Judge Alfred A. Delucchi will grant either motion.
Yahoo! News - Scott Peterson Awaits Formal Sentencing
--
For years there has been a continuing controversy over the University of Illinois mascot, Chief Illiniwek. Supporters say that the mascot is a symbol of reverence for the contribution of the American Indian to Illinois. Opponents say that the mascot is a stereotype that is racially offensive.
Tuesday the opponents of the Chief filed a suit against the university Board of Trustees.
I the suit the Native American Bar Association and two individuals seek to force the school from using the sports mascot.
"The use of this mascot is outrageous. It's been going on way too long and it should come to an end," said Kim Edward Cook, association president.
The Chief is a 78-year-old tradition in which a student dresses in buckskins and headdress and dances at sports events. The suit alleges the mascot violates Indians' rights under state law and violates the board's own policies against discrimination.
In a statement issued Tuesday, the university said it is not violating any state law nor its own policies.
Other schools across the country have discontinued the use of Native American mascots similar to Chief Illiniwek and have changed the name of athletic teams. Marquette University and Miami University of Ohio are examples.
Las Vegas SUN: U. of Illinois Trustees Sued Over Mascot
--
Update
A meeting of federal judges called upon the Bush Administration to strengthen security for judges.
The Judicial Conference of the United States, presided over by Cheif Justice William H. Rehnquist, passed a resolution asking the Justice Department and the US Marshalls Service to devise ways to improve security including judges' homes. It also asked Congress and the Justice Department for money to support the initiatives.
"Judges all over the country are terribly concerned," said Judge Carolyn Dineen King of the New Orleans-based 5th U.S. Circuit Court of Appeals (news - web sites), who chairs the conference's executive committee
The security concern for judges comes in the wake of the killing of the husband and mother of a Chicago federal judge and the shootings in a Fulton County Courthouse.
Yahoo! News - Judges Call for Better Safety Measures
--
More later.
It will be all Peterson all the time today on many of the cable news networks.
Scott Peterson will be sentenced by a California judge today in the murder of his wife Laci. A jury convicted Peterson of the murders and assigned the death penalty. Under California law, the judge can commute the sentence to life without parole, but it is unlikely he will change the sentence.
During today's hearing the judge will hear from family members and defense attorneys. The defense has several motions before the court including a motion for a new trial.
In its motion the defense claims that the judge erred by dismissing two jurors and not granting a second motion for a change of venue. It is unlikely that Judge Alfred A. Delucchi will grant either motion.
Yahoo! News - Scott Peterson Awaits Formal Sentencing
--
For years there has been a continuing controversy over the University of Illinois mascot, Chief Illiniwek. Supporters say that the mascot is a symbol of reverence for the contribution of the American Indian to Illinois. Opponents say that the mascot is a stereotype that is racially offensive.
Tuesday the opponents of the Chief filed a suit against the university Board of Trustees.
I the suit the Native American Bar Association and two individuals seek to force the school from using the sports mascot.
"The use of this mascot is outrageous. It's been going on way too long and it should come to an end," said Kim Edward Cook, association president.
The Chief is a 78-year-old tradition in which a student dresses in buckskins and headdress and dances at sports events. The suit alleges the mascot violates Indians' rights under state law and violates the board's own policies against discrimination.
In a statement issued Tuesday, the university said it is not violating any state law nor its own policies.
Other schools across the country have discontinued the use of Native American mascots similar to Chief Illiniwek and have changed the name of athletic teams. Marquette University and Miami University of Ohio are examples.
Las Vegas SUN: U. of Illinois Trustees Sued Over Mascot
--
Update
A meeting of federal judges called upon the Bush Administration to strengthen security for judges.
The Judicial Conference of the United States, presided over by Cheif Justice William H. Rehnquist, passed a resolution asking the Justice Department and the US Marshalls Service to devise ways to improve security including judges' homes. It also asked Congress and the Justice Department for money to support the initiatives.
"Judges all over the country are terribly concerned," said Judge Carolyn Dineen King of the New Orleans-based 5th U.S. Circuit Court of Appeals (news - web sites), who chairs the conference's executive committee
The security concern for judges comes in the wake of the killing of the husband and mother of a Chicago federal judge and the shootings in a Fulton County Courthouse.
Yahoo! News - Judges Call for Better Safety Measures
--
More later.
Tuesday, March 15, 2005
Tuesday Update - 3.15.05 - The Obstruction Continues
Good afternoon . . .
The obstructionist Democrats in the Senate have "warned" the Republican majority that they will shut down the Senate if the Republicans change the rules on filibusters.
In a letter from Senate Minority Leader Harry Reid (D-NV) any change would be "an unprecedented abuse of power." The letter threatened to stop or slow down any Senate business except for bills related to the military or national security.
The Republicans want to change the Senate rules to limit or eliminate filibusters for judicial nominees. Republicans claim that each nominee has the right to a vote on the Senate floor. Reid contends that the filibusters are a "vote" on judicial nominees.
Majority Leader Bill Frist (R-TN) responded to the Reid ultimatum. "To shut down the Senate would be irresponsible and partisan. The solution is simple: return to 200 years of tradition and allow up or down votes on judges," he said in a written statement.
It is obvious that the voters in November decided that the obstruction in the Senate was not the people's business. Yet, the Democrats forget the past and look toward further losses in 2006.
My Way News
--
Meanwhile a Gallup Poll shows the American people do not approve of Congress.
The poll, reported in USA Today, shows that only 37% of Americans gave Congress a high rating down from 45% last month.
This is the lowest approval rating since the impeachment of President Clinton in 1997.
President Bush's approval rating continues at 52%.
USATODAY.com
--
WolrdNetDaily's Les Kinsolving says in his column that CBS forgot several aspects of Dan Rather;s career. Well duh!
WorldNetDaily: Missing from Dan Rather's reporter remembrance
--
One final note. In case you are living under a rock, PBS stations are pledging. Yes, it is time for the annual March Beg-A-Thon.
There is one decent show this time. TJ Lubinsky (Doo WOP) has produced a 60's love fest show. This one features the Doors, Eric Burdon, Janis Joplin, Steppenwolf and other late sixties icons. The only problem is that stations are showing it 3 or 4 times a day. A little Three Dog Night goes a long way.
--
More tomorrow.
The obstructionist Democrats in the Senate have "warned" the Republican majority that they will shut down the Senate if the Republicans change the rules on filibusters.
In a letter from Senate Minority Leader Harry Reid (D-NV) any change would be "an unprecedented abuse of power." The letter threatened to stop or slow down any Senate business except for bills related to the military or national security.
The Republicans want to change the Senate rules to limit or eliminate filibusters for judicial nominees. Republicans claim that each nominee has the right to a vote on the Senate floor. Reid contends that the filibusters are a "vote" on judicial nominees.
Majority Leader Bill Frist (R-TN) responded to the Reid ultimatum. "To shut down the Senate would be irresponsible and partisan. The solution is simple: return to 200 years of tradition and allow up or down votes on judges," he said in a written statement.
It is obvious that the voters in November decided that the obstruction in the Senate was not the people's business. Yet, the Democrats forget the past and look toward further losses in 2006.
My Way News
--
Meanwhile a Gallup Poll shows the American people do not approve of Congress.
The poll, reported in USA Today, shows that only 37% of Americans gave Congress a high rating down from 45% last month.
This is the lowest approval rating since the impeachment of President Clinton in 1997.
President Bush's approval rating continues at 52%.
USATODAY.com
--
WolrdNetDaily's Les Kinsolving says in his column that CBS forgot several aspects of Dan Rather;s career. Well duh!
WorldNetDaily: Missing from Dan Rather's reporter remembrance
--
One final note. In case you are living under a rock, PBS stations are pledging. Yes, it is time for the annual March Beg-A-Thon.
There is one decent show this time. TJ Lubinsky (Doo WOP) has produced a 60's love fest show. This one features the Doors, Eric Burdon, Janis Joplin, Steppenwolf and other late sixties icons. The only problem is that stations are showing it 3 or 4 times a day. A little Three Dog Night goes a long way.
--
More tomorrow.
Tuesday Update - 3.15.05
Good afternoon . . .
The man accused of killing an Atlanta judge and three others was charged with four counts of murder.
Under heavy security Brian Nichols remained emotionless as prosecutors said that they will charge Nichols with four counts of murder once the indictment is ready.
Nichols was in Fulton County Court to face rape charges last Friday when he overpowered a guard and shot a superior court judge, courtroom stenographer, and a deputy. Nichols is also suspected of killing a federal Immigration officer.
Nichols could have faced a life sentence for the rape, but if convicted of the four murders could be eligible for the death penalty.
My Way News
--
I really dislike reporting on the Michael Jackson case. It has become to bizarre.
There is a twist in the case that may or may not help the defense, but sources say that it really helped the prosecution.
Court TV's Diane Dimond has been charged by the Jackson defense for giving the prosecution evidence that may hurt their client. While doing a story of Jackson, Dimond found a New Jersey man with a warehouse full of Jackson "stuff." Henry Vacarro, Jr. "won" custody of the Jackson memorabilia in a lawsuit.
Dimond visited Vacarro at his Asbury Park, NJ, warehouse. During the visit Dimond uncovered a pair of "dirty" underwear that could be Jackson's.
After leraving the scene, Dimond reportedly called Sanata Barbara District Attorney Tom Sneeden and told him about the warehouse. Sneeden then called Vacarro and asked for the underwear and several other items to be used as evidence.
Dimond's activities were discovered in unsealed court papers involving litigation between Vacarro and the Jackson about the legal ownership of the collection.
New York Daily News - Home - Lloyd Grove's Lowdown: Did Jax reporter brief DA?
--
Yesterday, I reported on the report from the Project for Journalism Excellence study on campaign stories favoring one side or the other. The PJE is associated with the very liberal Columbia Graduate School of Journalism. I expressed a little surprise that the study was released since it showed such a liberal bias in reporting the campaign.
One reader suggested that Columbia couldn't ignore the obvious. While Columbia may have not ignored the results, all of the major networks, except Fox News Channel, failed to report the results.
The results of the study do coincide with, virtually, every study on news bias conducted by the Media Research Center.
Jennings Takes Snide Shot Over Difficulty to Improve View of U.S. --3/15/2005-- Media Research Center
--
More tomorrow
--
The man accused of killing an Atlanta judge and three others was charged with four counts of murder.
Under heavy security Brian Nichols remained emotionless as prosecutors said that they will charge Nichols with four counts of murder once the indictment is ready.
Nichols was in Fulton County Court to face rape charges last Friday when he overpowered a guard and shot a superior court judge, courtroom stenographer, and a deputy. Nichols is also suspected of killing a federal Immigration officer.
Nichols could have faced a life sentence for the rape, but if convicted of the four murders could be eligible for the death penalty.
My Way News
--
I really dislike reporting on the Michael Jackson case. It has become to bizarre.
There is a twist in the case that may or may not help the defense, but sources say that it really helped the prosecution.
Court TV's Diane Dimond has been charged by the Jackson defense for giving the prosecution evidence that may hurt their client. While doing a story of Jackson, Dimond found a New Jersey man with a warehouse full of Jackson "stuff." Henry Vacarro, Jr. "won" custody of the Jackson memorabilia in a lawsuit.
Dimond visited Vacarro at his Asbury Park, NJ, warehouse. During the visit Dimond uncovered a pair of "dirty" underwear that could be Jackson's.
After leraving the scene, Dimond reportedly called Sanata Barbara District Attorney Tom Sneeden and told him about the warehouse. Sneeden then called Vacarro and asked for the underwear and several other items to be used as evidence.
Dimond's activities were discovered in unsealed court papers involving litigation between Vacarro and the Jackson about the legal ownership of the collection.
New York Daily News - Home - Lloyd Grove's Lowdown: Did Jax reporter brief DA?
--
Yesterday, I reported on the report from the Project for Journalism Excellence study on campaign stories favoring one side or the other. The PJE is associated with the very liberal Columbia Graduate School of Journalism. I expressed a little surprise that the study was released since it showed such a liberal bias in reporting the campaign.
One reader suggested that Columbia couldn't ignore the obvious. While Columbia may have not ignored the results, all of the major networks, except Fox News Channel, failed to report the results.
The results of the study do coincide with, virtually, every study on news bias conducted by the Media Research Center.
Jennings Takes Snide Shot Over Difficulty to Improve View of U.S. --3/15/2005-- Media Research Center
--
More tomorrow
--
Tuesday Briefing - 3.15.05
Good morning . . .
A San Francisco judge has ruled the state's ban of same sex marriage unconstitutional.
Superior Court Judge Richard Kramer said in his opinion that by itself, the state's historic definition of marriage cannot justify the denial of marriage licenses to homosexual couples.
The judge rejected the California Attorney General's claim that the state is entitled to maintain the tradition of marriage. The judge ruled that the state used the same argument to outlaw interracial marriage. That was struck down by the state supreme court in 1948.
Reaction to the judge's decision was strong from both sides with proponents of the ban promising to appeal.
Calif. Judge Strikes Down Ban on Same-Sex Marriage -- 03/14/2005
--
Supreme Court Justice Antonin Scalia is no stranger to saying what he means even if it causes some controversy.
In a speech Monday Justice Scalia criticized the Court's recent ruling on the juvenile death penalty. He said unelected judges have no place deciding on abortion or death penalty issues. The 5-4 decision in February was the latest example, according to Scalia, of politics on the court. And it is the cause of the bitter debates over judicial nominees.
Scalia was appointed by President Reagan in 1986 and is often discussed as the replacement for Chief Justice William H. Rehnquist when Rehnquist retires.
FOXNews.com - Politics - Scalia Slams 'Living Constitution' Theory
--
Could the continual filibusters over judicial nominees be coming to an end. The Republicans believe so.
Republican insiders say there are enough votes to changes the rules on filibusters. This historic change would only require a simple majority to close debate on judicial, and possibly other, nominees.
One final obstacle is Senate Majority Whip Mitch McConnell (R-KY) who is reluctant to change the rules and is wondering, in private, if the rules need to be changed.
Conservative leaders in the Senate believe they can change McConnel's opinion.
Boston.com / News / Nation / Washington / GOP sees momentum in ending judicial filibusters
--
Leftovers
Long time Bush supporter and confidant Karen Hughes is back in the Bush Administration.
Monday she was nominated as the Undersecretary of State for Public Diplomacy.
Karen Hughes Selected To Head Public Diplomacy, Rice Announces
--
The former President of the NAACP and Congressmen from Maryland Kweisi Mfume announced Monday that he will run for the Senate seat being vacated by Senator Paul Sarbanes.
Mfume was a very strong and well-respected member of the House. Although a Democrat, he will be able to work closely with a Bush Administration.
Yahoo! News - Kweisi Mfume Announces Bid for U.S. Senate
--
More later.
A San Francisco judge has ruled the state's ban of same sex marriage unconstitutional.
Superior Court Judge Richard Kramer said in his opinion that by itself, the state's historic definition of marriage cannot justify the denial of marriage licenses to homosexual couples.
The judge rejected the California Attorney General's claim that the state is entitled to maintain the tradition of marriage. The judge ruled that the state used the same argument to outlaw interracial marriage. That was struck down by the state supreme court in 1948.
Reaction to the judge's decision was strong from both sides with proponents of the ban promising to appeal.
Calif. Judge Strikes Down Ban on Same-Sex Marriage -- 03/14/2005
--
Supreme Court Justice Antonin Scalia is no stranger to saying what he means even if it causes some controversy.
In a speech Monday Justice Scalia criticized the Court's recent ruling on the juvenile death penalty. He said unelected judges have no place deciding on abortion or death penalty issues. The 5-4 decision in February was the latest example, according to Scalia, of politics on the court. And it is the cause of the bitter debates over judicial nominees.
Scalia was appointed by President Reagan in 1986 and is often discussed as the replacement for Chief Justice William H. Rehnquist when Rehnquist retires.
FOXNews.com - Politics - Scalia Slams 'Living Constitution' Theory
--
Could the continual filibusters over judicial nominees be coming to an end. The Republicans believe so.
Republican insiders say there are enough votes to changes the rules on filibusters. This historic change would only require a simple majority to close debate on judicial, and possibly other, nominees.
One final obstacle is Senate Majority Whip Mitch McConnell (R-KY) who is reluctant to change the rules and is wondering, in private, if the rules need to be changed.
Conservative leaders in the Senate believe they can change McConnel's opinion.
Boston.com / News / Nation / Washington / GOP sees momentum in ending judicial filibusters
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Leftovers
Long time Bush supporter and confidant Karen Hughes is back in the Bush Administration.
Monday she was nominated as the Undersecretary of State for Public Diplomacy.
Karen Hughes Selected To Head Public Diplomacy, Rice Announces
--
The former President of the NAACP and Congressmen from Maryland Kweisi Mfume announced Monday that he will run for the Senate seat being vacated by Senator Paul Sarbanes.
Mfume was a very strong and well-respected member of the House. Although a Democrat, he will be able to work closely with a Bush Administration.
Yahoo! News - Kweisi Mfume Announces Bid for U.S. Senate
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More later.
Monday, March 14, 2005
Monday Briefing - 3.14.05 - Courtroom Security
Good morning . . .
The killing of a Chicago federal judge's husband and mother plus the courtroom killings in Atlanta will bring the topic of courtroom and judge's security to the forefront this week.
Many courthouses and courtrooms are fortresses with metal detectors, guards, bailiffs, security cameras, and other measures to keep courtroom personnel, judges, attorneys, and litigants in a safe environment. All of those measures seem inadequate in light of the killings in Chicago and Atlanta. Are judges safe to rule independently even when threatened? Are courtrooms safe enough? What more can be done to keep everyone safe?
The answers to those questions and others will be the major topic of discussion in newspapers, on television and radio, and on the internet.
The Federal Bar Association meets this Wednesday and it is expected that judicial security will take center stage.
Thomas R. Schuck, a Cincinnati attorney, president of the Federal Bar Association wrote to President Bush asking him, "immediately to assess and assure that funding for security requirements is adequate and that all prudent arrangements for the protection of judicial personnel, their families and our public courthouses have been made."
The chairman of the conference's committee on security and facilities, federal appeals judge Jane R. Roth, said that she has been lobbying for more money for the US Marshals Service to increase courtroom security.
"We are concerned that there is not adequate staffing to provide the appropriate level at every courthouse," Roth said.
The incidents of the past month would seem to support that assertion.
How big is the problem? How many judges receive threats? According to an article in the LA Times it is widespread across the country. After the Lefkow murders investigators developed a list of over 600 names that may have a problem with Judge Joan Lefkow or her husband attorney Michael Lefkow. The accused killer in the case Bart Ross was on the list.
Many suggestions are being made to keep courtrooms safe. These include continual security for judges in and outside the courtroom, using criminologists and psychologists to review dockets for potential problems, and requiring potential violent defendants to be restrained during a trial. Many defense attorneys and the ACLU would object to the last proposal as prejudicial to a client. Defense attorneys could also be potential victims.
While there is no perfect solution, these recent incidents emphasize the importance of an independent judiciary and the security of courtrooms can exist together. How to get to that place will be the subject of discussion and argument for the days, weeks, and months to come.
Lexington Herald-Leader | 03/13/2005 | How to keep judges safe?
The Threat Always Lurks in Court
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Sometimes no means no, even in politics. Over the weekend Secretary of State Condoleeza Rice told more than one reporter on more than one Sunday talking head shows that she is NOT running for President in 2008.
The speculation about a Rice run for the White House began after VP Dick Cheney said he would not run and after the appointment of Rice as Secretary of State. Republicans are looking for someone who can effectively battle Hillary Clinton. There is currently no front runner for the Republicans in 2008.
Would Rice be a viable candidate? Yes. Would she beat Hillary? Yes, as of now most names on the Republican wish list can beat Hillary Clinton.
For the moment, however, Condoleeza Rice is not on the list.
Yahoo! News - Rice Says She Won't Run for President
--
Here is a story that is not much of a surprise for people who carefully watch television news.
A study by the Project for Journalism Excellence revealed that news coverage of President Bush during the campaign was more negative than coverage on John Kerry.
The report said that 36 percent of stories about the President were negative. Only 12 percent of the stories about John Kerry were negative.
The annual study looked at 16 newspapers of varying size across the country, four nightly newscasts, three network morning news shows, nine cable programs and nine Web sites through the course of 2004.
The most interesting part about this story is the Project for Journalism Excellence is part of the very liberal Columbia University Graduate School of Journalism.
Sometimes you just cannot hide the truth. There is an obvious liberal bias in the coverage of the president.
Yahoo! News - Study Shows U.S. Election Coverage Harder on Bush
--
More later.
The killing of a Chicago federal judge's husband and mother plus the courtroom killings in Atlanta will bring the topic of courtroom and judge's security to the forefront this week.
Many courthouses and courtrooms are fortresses with metal detectors, guards, bailiffs, security cameras, and other measures to keep courtroom personnel, judges, attorneys, and litigants in a safe environment. All of those measures seem inadequate in light of the killings in Chicago and Atlanta. Are judges safe to rule independently even when threatened? Are courtrooms safe enough? What more can be done to keep everyone safe?
The answers to those questions and others will be the major topic of discussion in newspapers, on television and radio, and on the internet.
The Federal Bar Association meets this Wednesday and it is expected that judicial security will take center stage.
Thomas R. Schuck, a Cincinnati attorney, president of the Federal Bar Association wrote to President Bush asking him, "immediately to assess and assure that funding for security requirements is adequate and that all prudent arrangements for the protection of judicial personnel, their families and our public courthouses have been made."
The chairman of the conference's committee on security and facilities, federal appeals judge Jane R. Roth, said that she has been lobbying for more money for the US Marshals Service to increase courtroom security.
"We are concerned that there is not adequate staffing to provide the appropriate level at every courthouse," Roth said.
The incidents of the past month would seem to support that assertion.
How big is the problem? How many judges receive threats? According to an article in the LA Times it is widespread across the country. After the Lefkow murders investigators developed a list of over 600 names that may have a problem with Judge Joan Lefkow or her husband attorney Michael Lefkow. The accused killer in the case Bart Ross was on the list.
Many suggestions are being made to keep courtrooms safe. These include continual security for judges in and outside the courtroom, using criminologists and psychologists to review dockets for potential problems, and requiring potential violent defendants to be restrained during a trial. Many defense attorneys and the ACLU would object to the last proposal as prejudicial to a client. Defense attorneys could also be potential victims.
While there is no perfect solution, these recent incidents emphasize the importance of an independent judiciary and the security of courtrooms can exist together. How to get to that place will be the subject of discussion and argument for the days, weeks, and months to come.
Lexington Herald-Leader | 03/13/2005 | How to keep judges safe?
The Threat Always Lurks in Court
--
Sometimes no means no, even in politics. Over the weekend Secretary of State Condoleeza Rice told more than one reporter on more than one Sunday talking head shows that she is NOT running for President in 2008.
The speculation about a Rice run for the White House began after VP Dick Cheney said he would not run and after the appointment of Rice as Secretary of State. Republicans are looking for someone who can effectively battle Hillary Clinton. There is currently no front runner for the Republicans in 2008.
Would Rice be a viable candidate? Yes. Would she beat Hillary? Yes, as of now most names on the Republican wish list can beat Hillary Clinton.
For the moment, however, Condoleeza Rice is not on the list.
Yahoo! News - Rice Says She Won't Run for President
--
Here is a story that is not much of a surprise for people who carefully watch television news.
A study by the Project for Journalism Excellence revealed that news coverage of President Bush during the campaign was more negative than coverage on John Kerry.
The report said that 36 percent of stories about the President were negative. Only 12 percent of the stories about John Kerry were negative.
The annual study looked at 16 newspapers of varying size across the country, four nightly newscasts, three network morning news shows, nine cable programs and nine Web sites through the course of 2004.
The most interesting part about this story is the Project for Journalism Excellence is part of the very liberal Columbia University Graduate School of Journalism.
Sometimes you just cannot hide the truth. There is an obvious liberal bias in the coverage of the president.
Yahoo! News - Study Shows U.S. Election Coverage Harder on Bush
--
More later.
Friday, March 11, 2005
The Problem With Public Television, part 5
Many of the problems with PBS and its stations are the result of their own actions and arrogance. PBS and its executives are out of touch with the ordinary American and are becoming out of touch with their liberal base of support.
The latest flap has been called by a children’s program ‘Postcards From Buster.” The episode that caused the controversy has Buster visiting Vermont and while there meets a family heading by a lesbian couple. According to critics, the episode promotes an alternative lifestyle. While critics and supports agree that children should learn about alternative lifestyles, the disagree on how they should learn. Critics say parents should decide how, when, and where children learn about gays and lesbians, not from a television program. I agree. Some of the viewers of ‘Buster’ may not be ready for a frank discussion on alternate lifestyles.
While PBS, to it credit, pulled the episode, it still supports the series. The series is partially funded by the Department of Education and its Ready to Learn Program. Until this year, PBS has received all the federal funds for the program, about $23 million. This year the Department of Education announced that it would give the funds to other projects in addition to PBS. The reduction of funding should have been a signal that PBS was losing its role as a primary agency for education. Was the ‘Buster’ episode retaliation for the cut in funding? No, the creators and producers of the show were arrogant in their planning and uncaring on the impact of the episode on children.
With the funding cuts and the pulling of the episode from the PBS schedule, about 20 individual stations decided that they knew more about what children should see than parents or the executives at PBS. This 20 arrogant stations demonstrate that PBS does not operate in the best interest of their communities. Hopefully, each of these stations will be challenged in their next license renewal. If any one needs help in forming a complaint or challenging a renewal, comment on this post. I will be able to assist you for my normal consulting fee.
PBS President Pat Mitchell and other PBS executives are well aware of complaints and criticism from Republicans and conservatives. The ‘Buster’ controversy has found PBS in the unusual position of criticism from its liberal base.
In an article in the LA Times, Mitchell is particularly troubled by criticism from left-leaning advocacy groups.
"They are our natural allies and friends," Mitchell said. ” The sad thing is, the people who want to see public television get better resources are hardly helping by participating in this kind of debate."
No, Ms Mitchell, the sad thing is that PBS has lost touch with its base and ordinary Americans. It has failed, even more so in your tenure, it mission and its promise. PBS is a failed experiment and needs to fund non-taxpayer funding to continue. Instead of cutting its funding for Amtrak, the Bush Administration should consider a larger cut or total cut of funding for the Corporations for Public Broadcasting, NPR, and PBS.
At PBS, a fragile state of balance
UPDATE: PBS President Pat Mitchell has announced she will leave the Big Bird flock when her contract expires in 2006.
Meetings with station executives, Mitchell announced her agenda. Among the items is to promote and foster enhanced Video-on-Demand of PBS programs. That was just one of the items designed to hurt stations while filling the coffers at Braddock Place. Mitchell and other PBS executives are not looking out for the stations. Instead they are selling assets to the highest bidder, diluting the PBS brand and programming, and continue to raise the dues of PBS stations to take repeats of HBO and BBC programming.
It is time for another model for "non-commercial" television. The PBS model is no linger working. Taxpayer dollars are funding inappropriate children's programming and programming that supports a liberal agenda.
There are better ways to spend $300 million dollars than providing it to PBS and the other components of public broadcasting. Let the marketplace decide what programs, stations, and networks survive. In that scenario PBS will become a memory.
The latest flap has been called by a children’s program ‘Postcards From Buster.” The episode that caused the controversy has Buster visiting Vermont and while there meets a family heading by a lesbian couple. According to critics, the episode promotes an alternative lifestyle. While critics and supports agree that children should learn about alternative lifestyles, the disagree on how they should learn. Critics say parents should decide how, when, and where children learn about gays and lesbians, not from a television program. I agree. Some of the viewers of ‘Buster’ may not be ready for a frank discussion on alternate lifestyles.
While PBS, to it credit, pulled the episode, it still supports the series. The series is partially funded by the Department of Education and its Ready to Learn Program. Until this year, PBS has received all the federal funds for the program, about $23 million. This year the Department of Education announced that it would give the funds to other projects in addition to PBS. The reduction of funding should have been a signal that PBS was losing its role as a primary agency for education. Was the ‘Buster’ episode retaliation for the cut in funding? No, the creators and producers of the show were arrogant in their planning and uncaring on the impact of the episode on children.
With the funding cuts and the pulling of the episode from the PBS schedule, about 20 individual stations decided that they knew more about what children should see than parents or the executives at PBS. This 20 arrogant stations demonstrate that PBS does not operate in the best interest of their communities. Hopefully, each of these stations will be challenged in their next license renewal. If any one needs help in forming a complaint or challenging a renewal, comment on this post. I will be able to assist you for my normal consulting fee.
PBS President Pat Mitchell and other PBS executives are well aware of complaints and criticism from Republicans and conservatives. The ‘Buster’ controversy has found PBS in the unusual position of criticism from its liberal base.
In an article in the LA Times, Mitchell is particularly troubled by criticism from left-leaning advocacy groups.
"They are our natural allies and friends," Mitchell said. ” The sad thing is, the people who want to see public television get better resources are hardly helping by participating in this kind of debate."
No, Ms Mitchell, the sad thing is that PBS has lost touch with its base and ordinary Americans. It has failed, even more so in your tenure, it mission and its promise. PBS is a failed experiment and needs to fund non-taxpayer funding to continue. Instead of cutting its funding for Amtrak, the Bush Administration should consider a larger cut or total cut of funding for the Corporations for Public Broadcasting, NPR, and PBS.
At PBS, a fragile state of balance
UPDATE: PBS President Pat Mitchell has announced she will leave the Big Bird flock when her contract expires in 2006.
Meetings with station executives, Mitchell announced her agenda. Among the items is to promote and foster enhanced Video-on-Demand of PBS programs. That was just one of the items designed to hurt stations while filling the coffers at Braddock Place. Mitchell and other PBS executives are not looking out for the stations. Instead they are selling assets to the highest bidder, diluting the PBS brand and programming, and continue to raise the dues of PBS stations to take repeats of HBO and BBC programming.
It is time for another model for "non-commercial" television. The PBS model is no linger working. Taxpayer dollars are funding inappropriate children's programming and programming that supports a liberal agenda.
There are better ways to spend $300 million dollars than providing it to PBS and the other components of public broadcasting. Let the marketplace decide what programs, stations, and networks survive. In that scenario PBS will become a memory.
Friday Briefing - 3.11.05
Good morning . . .
There is some breaking news from Atlanta.
On the heels of the murders of a Chicago federal judges husband and mother, an Atlanta Superior Court judge and court reporter were shot a killed Friday in an Atlanta courtroom..
A search is underway for the gunman who shot and killed Fulton County Superior Court Judge Rowland Barnes and his court reporter. Reports are sketchy, but it seems that the gunman took the weapon of a courtroom officer and shot the judge and others in the courtroom.
Fulton County Sheriff's Lt. Clarence Huber identified the suspect as 33-year-old Brian Nichols, who was being held on rape charges stemming from an incident in August. Fulton County Sheriff officials are releasing little additional information on the search and investigation.
baltimoresun.com - Judge, court reporter fatally shot in Atlanta
--
A US House Committee has approved anti-spyware legislation Wednesday that includes revisions more palatable to business.
HR29, the Securely Protect Yourself Against Cyber Trespass Act, or Spy Act, is sponsored by Rep. Mary Bono (R-CA). It aims to prevent spyware purveyors from hijacking a homepage or tracking users' keystrokes, requires that spyware programs be easily identifiable and removable, and allows for the collection of personal information only after express consent is given by users.
Wired News: Revised Spyware Bill Moves Ahead
--
A Federal judge in New York dismissed a lawsuit that claimed American chemical companies had committed war crimes by selling Agent Orange to the US military. The class action suit was filed on behalf of millions of Vietnamese who claim injuries from Agent Orange.
Judge Jack Weinstein sided with the chemical companies and the Justice Department that selling the defoiliant did not constitute a war crime.
Agent Orange lawsuit is dismissed
--
The Florida legislature is moving toward passing a bill that will require a photo ID to pick up a child at school. The bill is headed to the Florida Senate for consideration and passage.
If passed, the bill is designed to prevent kidnappers from picking up children from school simply by :calling out a name."
The bill would require a driver's license, state ID, or Military ID to pick a child up at school. If passed it would go into effect July 2006.
Bill requires IDs to pick up kids at school: South Florida Sun-Sentinel
--
Nebraska is one of the more conservative states. Yet, a coalition of liberals somehow convinced the Unicameral (Nebraska's one house legislature) to pass a bill restoring voting rights to felons. The bill was vetoed by Republicans Governor Dave Heineman, but his vetoed was overridden on Wednesday.
The bill allows the restoration of voting rights two years after felons complete their prison term or the terms of their parole of probation.
"This is yet another great win for our democracy and the movement to end felony disfranchisement across the country," said Rashad Robinson of the Right to Vote Campaign, which assisted in the effort to let Nebraska felons vote.
The Right to Vote Campaign - a coalition that includes the ACLU, NAACP Legal Defense and Education Fund, People for the America Way and three other organizations -- said Nebraska now joins 36 other states in allowing people with felony convictions to vote.
Nebraska Lawmakers Restore Felons' Voting Rights -- 03/11/2005
--
More later.
There is some breaking news from Atlanta.
On the heels of the murders of a Chicago federal judges husband and mother, an Atlanta Superior Court judge and court reporter were shot a killed Friday in an Atlanta courtroom..
A search is underway for the gunman who shot and killed Fulton County Superior Court Judge Rowland Barnes and his court reporter. Reports are sketchy, but it seems that the gunman took the weapon of a courtroom officer and shot the judge and others in the courtroom.
Fulton County Sheriff's Lt. Clarence Huber identified the suspect as 33-year-old Brian Nichols, who was being held on rape charges stemming from an incident in August. Fulton County Sheriff officials are releasing little additional information on the search and investigation.
baltimoresun.com - Judge, court reporter fatally shot in Atlanta
--
A US House Committee has approved anti-spyware legislation Wednesday that includes revisions more palatable to business.
HR29, the Securely Protect Yourself Against Cyber Trespass Act, or Spy Act, is sponsored by Rep. Mary Bono (R-CA). It aims to prevent spyware purveyors from hijacking a homepage or tracking users' keystrokes, requires that spyware programs be easily identifiable and removable, and allows for the collection of personal information only after express consent is given by users.
Wired News: Revised Spyware Bill Moves Ahead
--
A Federal judge in New York dismissed a lawsuit that claimed American chemical companies had committed war crimes by selling Agent Orange to the US military. The class action suit was filed on behalf of millions of Vietnamese who claim injuries from Agent Orange.
Judge Jack Weinstein sided with the chemical companies and the Justice Department that selling the defoiliant did not constitute a war crime.
Agent Orange lawsuit is dismissed
--
The Florida legislature is moving toward passing a bill that will require a photo ID to pick up a child at school. The bill is headed to the Florida Senate for consideration and passage.
If passed, the bill is designed to prevent kidnappers from picking up children from school simply by :calling out a name."
The bill would require a driver's license, state ID, or Military ID to pick a child up at school. If passed it would go into effect July 2006.
Bill requires IDs to pick up kids at school: South Florida Sun-Sentinel
--
Nebraska is one of the more conservative states. Yet, a coalition of liberals somehow convinced the Unicameral (Nebraska's one house legislature) to pass a bill restoring voting rights to felons. The bill was vetoed by Republicans Governor Dave Heineman, but his vetoed was overridden on Wednesday.
The bill allows the restoration of voting rights two years after felons complete their prison term or the terms of their parole of probation.
"This is yet another great win for our democracy and the movement to end felony disfranchisement across the country," said Rashad Robinson of the Right to Vote Campaign, which assisted in the effort to let Nebraska felons vote.
The Right to Vote Campaign - a coalition that includes the ACLU, NAACP Legal Defense and Education Fund, People for the America Way and three other organizations -- said Nebraska now joins 36 other states in allowing people with felony convictions to vote.
Nebraska Lawmakers Restore Felons' Voting Rights -- 03/11/2005
--
More later.
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