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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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