McCain discusses judges

July 2, 2008
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The presumptive Republican presidential nominee Sen. John McCain spoke in Indianapolis Tuesday at the National Sheriff’s Association’s annual conference. Obviously, his speech was geared toward law enforcement and why he is the right candidate for them to elect, but he said some things the legal community would find interesting. He said nowhere is the influence of the president more critical than in the power of judicial nominations.

He brought up the point that the next president of the country will be nominating hundreds of people to the federal courts, and those choices will have far-reaching consequences on Americans, police departments, courts, and juries.

“Yet one badly reasoned opinion, by one overreaching judge, can undo it all. Just like that, evidence of guilt can be suppressed, or a dangerous predator released because of judge-made laws having little or nothing to do with the requirements of the Constitution. Even worse, when such opinions issue from the highest court, they set a precedent for many more injustices, and they add one more obstacle to the work of law enforcement.”

McCain used the recent U.S. Supreme Court decision in Patrick Kennedy v. Louisiana, in which the high court overturned the death penalty sentence for Kennedy, convicted of raping his stepdaughter. He implied if his Democratic opponent from Illinois, Sen. Barack Obama, is elected president, he would nominate more judges like the ones who overturned Kennedy’s sentence (See the June 26 First Impressions blog post  about that decision).

Even if you don’t agree with McCain’s views about the courts, he raises a good point. The next president of the United States will have to make many judicial nominations, possibly even one or more to the U.S. Supreme Court. It will be interesting to see if the candidates continue to mention the high-profile cases ruled upon by the SCOTUS this year as they campaign, or if judicial nominees will be left by the wayside for topics the general public has more interest in like the economy, gas prices, and health care.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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