Judiciary Watch

Posner, Bauer and Easterbrook reprise testimony in blogger's third trial

The New York Times reports that three federal appeals court judges from the 7th Circuit testified in the third trial of Harold C. Turner, a white supremacist Internet radio host and blogger who took issue with their ruling upholding a handgun ban in Chicago.  Judges Richard A. Posner, William J. Bauer and Frank H. Easterbrook restated their reactions to Turner's internet posting suggesting that they “deserve to be killed.”  Two previous trials, the second of which also featured testimony from the judges, ended with hung juries.

Defense lawyers for Mr. Turner, calling attention to his relationship as a paid informant for the Federal Bureau of Investigation, said that “the United States government told him he could say that sort of thing.” They said that federal agents who encouraged Turner to be provocative to help draw information about the white supremacist movement told him that the statements would be protected by the First Amendment as long as no one was actually hurt.

Senate confirms Kagan

The Senate voted to confirm Elena Kagan to the U.S. Supreme Court by a vote of 63 to 37, making her the fourth woman to sit on the nation's highest court.  All but five Republicans opposed Kagan and they were joined by one Democrat, Sen. Ben Nelson of Nebraska.  Justice Sotomayor was confirmed last year with 68 votes.  Justice Alito, President Bush's pick in 2006 was confirmed with only 58 votes.

Senate vote on Kagan nears

The Senate opened debate yesterday on the nomination of Elena Kagan to the U.S. Supreme Court.  Five Republicans have declared their intent to vote with almost all Democrats in support of Kagan, assuring her confirmation.  A report in the Washington Post suggests a vote is likely Thursday afternoon.

Opening the debate, Sen. Patrick J. Leahy, (D. Vt.) and chairman of the Judiciary Committee, said “Having heard from Solicitor General Kagan at her confirmation hearing five weeks ago, I believe the American people have a sense of her impressive knowledge of the law, her good humor and her judicial philosophy.”

Sen. Jeff Sessions of Alabama, ranking Republican on the Committee, said he did not believe Kagan is qualified. “I’m not able to support Elena Kagan for this office,” he said.  “I believe she does not have the gifts and the qualities of mind or temperament that one must have to be a justice.”