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Justice Alito headlines conference

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Relations between courts and Congress have been strained lately, and a contingent of both are meeting in Indianapolis today to explore the reasons, examine how judicial independence fits in, and try to lay groundwork for improving relations.

The Indiana State Bar Association is sponsoring the "Relations Between Congress and the Federal Courts" conference at the Indiana University School of Law - Indianapolis, which began at 8:30 a.m. and features U.S. Supreme Court Justice Samuel A. Alito Jr. as a key speaker.

More than 100 judges and attorneys are attending the daylong conference, including all five Indiana Supreme Court justices and an array of other state and federal jurists.

"We're here for a reason .... That there's a feeling, one that's not yet ripened into a conclusion, that something isn't right with relations between Congress and the federal courts," said law professor Gerard Magliocca, who talked about the needed dialogue between the branches. "It's calm but tense. We have a reason to be concerned."

Justice Alito noted issues to be concerned with most are judicial pay, growing caseloads, and ambiguous statutes written by lawmakers.

"I'm concerned about the future of the federal judiciary," he said. "We need to bridge that gap of communication."

He suggested more understanding is needed between branches, both need to exercise self-restraint in encroaching on each other's authority, and that judges and lawmakers must rise above the public's cynicism about government and courts.

Magliocca noted the issues exist with District and Circuit courts, rather than with the Supreme Court, and agreed that congressional inaction is largely to blame regarding ways for elected officials to better communicate with the judiciary. He suggests exploring a type of interbranch committee that could review and suggest policy, and a system where the Chief Justice or member of the judiciary could regularly testify before Congress, similar to how the Federal Reserve Chairman currently does on monetary policy twice a year.

Prior to Justice Alito's keynote address, a trio of Hoosier congressmen - U.S. Reps. Mike Pence, Baron Hill, and Brad Ellsworth - also weighed in on various legal issues, such as judicial salaries and compensation, cameras in courts, and how the relationship between the branches can be strengthened. All expressed worry about the line between congressional oversight of the judiciary and independence.

"The greatest threat to the judiciary in the 21st century is elitism," Pence said, noting that can be found in situations such as the nation's highest courts displaying the Ten Commandments, and having prayer to open legislative and judicial proceedings, "... where in Winchester, Indiana, you can't do those things. That tears at the fabric of credibility within the judiciary."

While the conference focuses on serious concerns, Justice Alito offered some humor by noting that he hopes his visit to Indiana will "earn him some credit" with Chief Justice John G. Roberts, who grew up in Indiana.

"I'd told him when I first joined the court that I'd never been to Indiana," Justice Alito said. "He thought that was a huge gap in my background. Maybe this will earn some credit, maybe help on opinion assignments."This afternoon, a panel of judges will talk about these same issues from their perspectives. The panel includes Indiana Chief Justice Randall Shepard, U.S. District Chief Judge Larry McKinney in the Southern District, U.S. District Chief Judge Robert Miller Jr. in the Northern District, and U.S. District Judge Sarah Evans Baker in Indianapolis who is also president of the Federal Judges Association.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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