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May 5, 2010

Sixth Circuit Judicial Conference keeping me mostly off-line...

but giving me the chance to listen in a big ballroom to a star-studded line-up that includes Justice Stevens, AG Holder, SG Kagan, former SG Clement, and frequent SCOTUS litigators Dean Erwin Chemerinsky and Professor Jeff Fisher.

Paul Clement's early comments focused on Justice Scalia as an important swing vote in many criminal cases. He also astutely suggested that Prez Obama was not likely applying an Apprendi or Crawford litmus test when considering potential replacements for Justice Stevens.

UPDATE:  Here is some media coverage of today's Sixth Circuit Conference activities:

May 5, 2010 at 09:23 AM | Permalink


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We would love it if you live blogged the dumbass things these Hate America, left wing, extremist, cult criminals had to say. You have so many gizmos, you should be able to have simultaneous reporting, with pictures or vids even.

Posted by: Supremacy Claus | May 5, 2010 1:41:52 PM

C-Span televised the whole thing get your jollies there SC

Posted by: K | May 5, 2010 8:23:49 PM

From USA-Today, "In a lethal-injection dispute from Kentucky two years ago, Stevens concluded for the first time that "the death penalty represents the pointless and needless extinction of life with only marginal contributions" to society."

A feeling comes to the lawyer dumbass, and a penalty enumerated in the Constitution must be overturned. It's a feeling. He is too ridiculous and in denial to realize, he led the movement to make the death penalty ineffective. The nerve is unmitigated.

Posted by: Supremacy Claus | May 5, 2010 11:22:19 PM

In light of the article discussing Stevens' belief that the risk of wrongful death sentences being higher, I thought this SCOTUSBlog post on Justice Stevens' view of the 8th Amend. & the death penalty was also enlightening:

Posted by: DEJ | May 5, 2010 11:54:04 PM

Justice Stevens should read this blog, to learn,

1) an error rate is not a justification to end the activity. It is a justification to lower the error rate. If errors justified ending an activity, then all transportation, including walking, should stop. Each mode kills far more people erroneously than the death penalty;

2) the death penalty is unusual only in that a small minority of us will undergo a rapid painless death;

3) any "feeling" any member of the lawyer hierarchy gets must be double checked for stealthy rent seeking.

Posted by: Supremacy Claus | May 6, 2010 6:12:29 AM

It's unlikely Justice Steven's DP views and actions were prompted by a whim as you suggest, SC.

His father was wrongfully convicted of fraud in the 1930s when the future justice was just 13. Also charged in the matter were his grandfather, who suffered a stroke as the case unfolded, and an uncle, who committed suicide.

So Justice Stevens understood from personal experience that the authorities don't always get it right...and when they get DP cases wrong, innocent citizens face execution.

Posted by: John K | May 6, 2010 12:00:23 PM


Today i was impressed with your presentation at the conference-not once did you use the term "doctrinal"- I lost my bet with another lawyer. I like your stone in a pond analogy.

I hope you and Jeff enjoyed your round at Double Eagle -- no it is not named after you two legal eagles.

Posted by: ? | May 6, 2010 9:12:03 PM

Thanks for the feedback, ?, whomever you are. I did have an extraordinary time at Double Eagle, though we only had time for 15 holes because Jeff had to catch a plane. Thanks also for listening to my every word, even if it takes a betting interest for you to do so...

Posted by: Doug B. | May 7, 2010 10:56:35 AM

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