Posts Tagged ‘supreme court’

U.S. Supreme Court Sets Prop 8 Date: March 26 – DOMA Challenge Too – Back-to-Back Showdown Over LGBT Civil Rights

Monday, January 7th, 2013

Well here’s the big news, direct from the Office of San Francisco City Attorney Dennis Herrera, below.

Via Steve Rhodes - click to expand

“U.S. Supreme Court sets Prop 8 oral argument date for March 26

DOMA challenge scheduled for the next day, setting the stage for back-to-back showdown over LGBT civil rights

SAN FRANCISCO (Jan. 7, 2013) — The U.S. Supreme Court moments ago published its formal argument calendar for March 2013, scheduling oral arguments in the federal constitutional challenge to California’s Proposition 8, called Hollingsworth v. Perry, for March 26, beginning at 10:00 a.m. EDT (7:00 a.m. PDT).

Another case that is also related to same-sex marriage rights — a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA — will be heard the following day, on March 27, at the same time. That case is called United States v. Windsor.

In granting review to both marquee marriage equality cases exactly one month ago, the nation’s highest court set the stage for potentially landmark rulings on LGBT civil rights that promise to be the most eagerly-anticipated of the current court term. Rulings are expected by the end of June.

The legal issues at stake in the challenge to Prop 8, the controversial 2008 ballot measure that eliminated marriage rights for same-sex partners in California, are two-fold: first, whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman; and second, whether the proponents of Prop 8 have legal standing to litigate the case.

The American Foundation for Equal Rights filed the lawsuit in May 2009 on behalf two California couples who sought to marry: Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo. They are represented by lead counsel Theodore B. Olson and David Boies. City Attorney Dennis Herrera intervened as a co-plaintiff in the case in August 2009, renewing San Francisco’s groundbreaking pubic sector legal advocacy for the broader societal interest to end marriage discrimination against lesbian and gay couples. At trial, Herrera and his legal team provided extensive evidence that state and local governments derive significant societal and economic benefits when same-sex partners enjoy equal marriage rights — and, conversely, that denying such rights inflicts grave injustices on the LGBT community that, in turn, harm government and society at large.

When the high court granted review to the case on Dec. 7, 2012, Herrera said: “The federal challenge to Prop 8 represents one of the most significant civil rights cases to be taken up by the U.S. Supreme Court in decades, and I’m confident that the high court will reach a decision that reaffirms our Constitution’s promise of equal protection under the law.”

The U.S. Supreme Court’s argument calendar for March is published online here:

http://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalMar2013.pdf

The comprehensive timeline of San Francisco’s legal battle for marriage equality since February 2004 is available on City Attorney Dennis Herrera’s website at:

http://www.sfcityattorney.org/index.aspx?page=23

The Prop 8 case is: Hollingsworth v. Perry, U.S. Supreme Court, Docket No. 12-144.  The DOMA case is: United States v. Windsor, U.S. Supreme Court, Docket No. 12-307.”

Tink happy tots…

DJH and company, 2008, Civic Center:

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U.S. Supreme Court Justice Stephen G. Breyer Graces U.C. Hastings – Another Interview From “Legally Speaking” Series

Thursday, November 17th, 2011

I’ll tell you, our UC Hastings Law School down in Civic Center has been en el fuego this past year or so, what with its new, new-school dean and whathaveyou.

For example, here’s yesterday’s joint, featuring United States Supreme Court Justice Stephen Breyer getting interviewd by UC Hastings Distinguished Professor David Faigman, an expert on constitutional theory:

Via James Block - click to expand

(And that comes on the heels of another Supreme Court Justice and the political debates they’ve had recently. It’s amazing, really.)

What were the topics? I have no idea. But Bob Egleko was there (with his pencil and notepad, since they don’t allow recordings), so check his report.

And I’ll be sure to upload video or link or whatever I can find in a week or two, pinky-swear.

“Legally Speaking: U.S. Supreme Court Justice Stephen G. Breyer
11/16/2011 from 2:30 PM to 4:00 PM
198 McAllister, Louis B Mayer Lounge

Legally Speaking is a series of probing interviews with prominent lawyers, judges and academics, co-produced by UC Hastings and California Lawyer.

U.S. Supreme Court Justice Stephen G. Breyer will join UC Hastings for a Legally Speaking interview. Justice Breyer is the third U.S. Supreme Court Justice to spend time at UC Hastings in the last 13 months. He will be interviewed by UC Hastings Distinguished Professor David Faigman, an expert on constitutional theory. Justice Breyer’s most recent book Making Our Democracy Work: A Judge’s View will be the topic of discussion.”

Annual UC Hastings Supreme Court Review & Preview 2011 is Today at 3:30 PM, September 28

Wednesday, September 28th, 2011

Here it is:

2011 Annual UC Hastings Supreme Court Review & Preview

Start: 9/28/2011 from 3:30 PM to 5:00 PM
Location: 198 McAllister, Louis B Mayer Lounge

California Supreme Court Justice Goodwin Liu, U.S. Court of Appeals for the Ninth Circuit Judge Marsha Berzon, and UC Hastings Professor Osagie Obasogie review and discuss recent U.S. Supreme Court hearings and decisions. Moderated by UC Hastings Professor Rory Little.”

Historic 100 McAllister:

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See you there!

ZOMG, Justice Ruth Bader Ginsburg Graces UC Hastings Law School for “Legally Speaking” Series

Friday, September 16th, 2011

Get all the deets right here about U.S. Supreme Court Justice Ruth Bader Ginsburg’s recent visit to U.C. Hastings, the first law school of the American West.

And writer Bob Egelko was there so be sure to take a look.

RBG also paid a visit to Professor David Faigman‘s Constitutional Law class earlier in the day:

James Block

  • Legally Speaking: Conversations with the Most Interesting Lawyers in the World
  • Professor Joan C. Williams, Distinguished Professor of Law, UC Hastings Foundation Chair, Founding Director of the Center for WorkLife Law
  • Professor David L. Faigman, John F. Digardi Distinguished Professor of Law, Director, UCSF/UC Hastings Consortium on Law, Science & Health Policy

Marriage = 1 Man + 1 Woman: The Latest Prop 8 Gay Marriage Protest on the Steps of Our CA Supreme Court

Wednesday, September 7th, 2011

This was the scene yesterday in Civic Center:

Click to expand

Not too many compared with the old days, back in The Aughts, right?

Here’s the retort, from 2009, I think:

Via Steve Rhodes - click to expand

Prop 8 Redux: Hey, Remember When City Attorney Dennis Herrera Marched from City Hall to the CA Supreme Court?

Tuesday, September 6th, 2011

As Prop 8 winds downs the road, leave us travel back to 2008, when City Attorney Dennis Herrera made an early-morning trip from the west side of Civic Center to the north side.

See? He was fired up:

Click to expand

Ah, memories.

Oh, I hear he’s a mayoral candidate

San Francisco’s State Building Is Going to Get a Republican’s Name on It: Presenting the Ronald M. George State Office Complex

Wednesday, July 20th, 2011

You wouldn’t believe how long people have been working on getting a new sign up on the State Building at 350 McAllister in Civic Center. I mean, this is a months-long project. They come out, they put up a sample, they look at it, and then they go back inside.

Anyway, in addition to the State Seal and the golden letters spelling out “STATE OF CALIFORNIA,” the old courthouse will soon be getting a big plaque what says, “RONALD M. GEORGE STATE OFFICE COMPLEX.”

See?

Click to expand

San Franciscans probably won’t ever really notice this addition to the front door of our California Supreme Court, but let’s meet our 27th Chief Justice:

“As a Superior Court judge, George presided over the trial of Hillside Strangler Angelo Buono in 1981–1983. George was lauded for his extremely unusual decision to deny the motion by Los Angeles County District Attorney‘s office to dismiss all 10 counts of murder against Buono. However, his unusual decision was speculated to be a result of his earlier decision to separate crucial counts of rape and sodomy, which in themselves would serve as evidence against the defendant, from the murder charges. The prosecutors felt the evidence against Buono was so weak that it did not justify even an attempt to win at trial. Judges rarely second-guess the prosecutors’ judgment on such a matter (and George stated that he was “loath” to do so). However, George’s review of the evidence in the case caused him to feel so strongly that the prosecutors were in error that he did exactly that.” 

See that? Dude wouldn’t let the prosecutor drop murder charges.

Now, what Arnold Schwarzenegger really wanted last year was to name the joint  the “Ronald M. George Justice Center,” but that didn’t fly with the SEIU union, so the name we’re getting is a kind of compromise. (Arnold also wanted to sell this building to his buddies but that didn’t work out neither, of course.)

Anyway, All Hail Republicans!

More deets of Executive Order S-17-10 after the jump.

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California Supreme Court Upholds Municipal Ban on Plastic Bags: “Save the Plastic Bag Coalition v. City of Manhattan Beach”

Thursday, July 14th, 2011

Just saying. KQED’s Scott Shafer has some deets.

Looks like San Francisco’s idea will spread further, now that there will be fewer concerns over every NIMBY’s favorite weapon, the California Environmental Quality Act.

See below for the deets on “Save the Plastic Bag Coalition v. City of Manhattan Beach.” No. S180720.

Bags, bags, bags!

“California Supreme Court Upholds City’s Ban on Plastic Bags

Ruling Dampens Challenges to Plastic Bag Bans Across The State, And Raises Threshold For Environmental Impact Reports

SAN FRANCISCO, July 14, 2011 — The California Supreme Court today issued a ruling that impacts not only plastic bag bans throughout the state but has far-reaching ramifications for the circumstances under which public agencies must prepare environmental impact reports under the California Environmental Quality Act (“CEQA”). The court ruled in favor of the City of Manhattan Beach, paving the way for the city’s ban on plastic bags to go into effect. Downey Brand partner Christian Marsh argued the case before the Supreme Court on behalf of the appellant, Manhattan Beach. He was joined in the argument by James Moose of Remy Thomas Moose & Manley for amici curiae Californians Against Waste. “We were confident the city had a right to impose the bag ban, and this ruling gives cities across California some real clarity,” Marsh said.

An industry coalition of plastic bag manufacturers and distributors known as the Save the Plastic Bag Coalition sued Manhattan Beach for its citywide ban on plastic bags, arguing that the environmental impacts associated with increased paper bag use would outweigh any environmental benefits of the ban. The city, among many in California with similar ordinances, imposed the ban to limit the number of plastic bags making their way into the ocean and marine environment. The case raised two important issues that have been facing fiscally-strapped cities and counties across the state: (1) whether the coalition, which had a commercial interest in overturning the ban, qualified for “public interest” standing under CEQA, and (2) what is the legal threshold under CEQA for when a project or ordinance necessitates preparing an environmental impact report, known as an EIR. In its ruling, the court sided with the city on the CEQA threshold, but ruled against the city on the coalition’s standing to sue.

Justice Carol Corrigan, writing for a unanimous court, upheld the city’s ban, finding that “it is plain the city acted within its discretion when it determined that its ban on plastic bags would have no significant effect on the environment.” In the face of a number of “life cycle” studies that had been put forth by the coalition, the court noted that “common sense leads us to the conclusion that the environmental impacts discernible from the ‘life cycles’ of plastic and paper bags are not significantly implicated by a plastic bag ban in Manhattan Beach.”

The decision on the threshold for producing an EIR was being closely-watched by public entities and private project proponents alike, as often they are compelled to prepare costly and time-consuming EIRs even though the activity in question has little or no environmental impact (and in this case, a tremendous environmental benefit). As Marsh reported, “Due to the risks associated with litigation over these decisions, public agencies often feel the need to go well beyond the requirements of the statute, at great time and expense. This decision sets a more reasonable threshold for when pubic agencies must prepare EIRs, and will reduce the ability of would-be challengers to delay projects across the state. Instead of conducting unwarranted environmental review, the decision allows public agencies to focus their limited resources on producing reports for projects that are much more likely to impact the environment than minor projects would.”

Christian Marsh is a partner in Downey Brand’s San Francisco office, and advises public and private clients on natural resource, energy, and land use matters involving water supply and water quality, endangered species, California planning and zoning law, and CEQA and its federal counterpart the National Environmental Policy Act (“NEPA”). Marsh also conducts trial and appellate-level litigation in these areas. With a former partner, he prevailed in the last CEQA case decided by the California Supreme Court, Stockton Citizens for Sensible Planning v. City of Stockton (2010) 48 Cal.4th 481.”

Jesse Jackson Coming to UC Berkeley for Fred Korematsu Day – Sunday, January 30, 2011

Tuesday, January 25th, 2011

InsideBayArea has the deets.

Korematsu vs. United States

Fred Korematsu Day in Berkeley

Come celebrate the first Fred Korematsu Day on January 30, 2011, at UC Berkeley’s Wheeler Auditorium. The program includes keynote speaker Reverend Jesse Jackson and spoken word artist Beau Sia, as well as tributes from Karen Korematsu and California Assembly Members Warren Furutani and Marty Block. There will also be a screening of the film, Of Civil Wrongs and Rights: The Fred Korematsu Story.

Fred T. Korematsu was a national civil rights hero. In 1942, at the age of 23, he refused to go to the government’s incarceration camps for Japanese Americans. After he was arrested and convicted of defying the government’s order, he appealed his case all the way to the Supreme Court. In 1944, the Supreme Court ruled against him, arguing that the incarceration was justified due to military necessity.

In 1983, Dr. Peter Irons, a legal historian, discovered key documents that government intelligence agencies had hidden from the Supreme Court in 1944. The documents consistently showed that Japanese Americans had committed no acts of treason to justify mass incarceration. With this new evidence, a legal team of mostly Japanese American attorneys re-opened Korematsu’s 40 year-old case on the basis of government misconduct. On November 10, 1983, Korematsu’s conviction was overturned in a federal court in San Francisco. It was a pivotal moment in civil rights history.

Korematsu remained an activist throughout his life. In 1998, he received the Presidential Medal of Freedom, the nation’s highest civilian honor, from President Bill Clinton. Korematsu’s growing legacy continues to inspire activists of all backgrounds and demonstrates the importance of speaking up to fight injustice.”

http://korematsuinstitute.org/korematsu-day/celebration/

(For a list of other Fred Korematsu Day events throughout the state, click here)

Join the Korematsu Institute in celebrating the first Fred Korematsu Day!

DATE & TIME
Sunday Jan. 30, 2011x
1:00pm-2:00pm: VIP reception
2:00-3:00pm: Main Program
3:00-4:00pm: General reception
4:00-5:00pm: Screening of the Emmy Award-winning film
Of Civil Wrongs and Rights: the Fred Korematsu Story (60 min)

LOCATION
Wheeler auditorium
UC Berkeley campus
Berkeley, CA

PUBLIC TRANSPORTATION
Wheeler auditorium is a 15-minute walk from the Downtown Berkeley Bart station. Click here for walking directions.

PARKING
Cal Performances does not offer parking validation for this event, but street parking is free in Berkeley on Sundays. For a list of parking lots near the UC Berkeley campus, click here. For more information about parking on campus, please click here.

SPECIAL NEEDS
Wheeler Auditorium is accessible to people with disabilities. The closest drop off point near Wheeler is the alongside South Hall (see campus map). From there, it’s a short walk up the ramp and into Wheeler.

TICKETS
$100 VIP tickets include: VIP reception + Program (and seating in VIP section) + General Reception + Film Screening
$25 Full Price tickets include: Program + General Reception + Film Screening
$15 Discount tickets for Teachers/Non-profit employees/Senior Citizens (65+) include: Program + General Reception + Film Screening
$5 Student tickets include: Program + General Reception + Film Screening

Tickets on sale now! Tickets available for purchase online, by phone, by mail and fax, and in person from Cal Performances. Tickets can be mailed to buyers or held at Will Call and picked up at Wheeler auditorium (not Zellerbach Hall) on January 30. Please buy your tickets before January 30. Though last-minute tickets will be available on the day of the event, purchases can only be made in cash.

Seating: VIP ticket holders will be able to sit in a VIP section of the auditorium. All other ticket holders are eligible for general seating, so please arrive early to find the best available seats!

Cal Performances
tickets.berkeley.edu
Phone: (510) 642-9988
Fax: (510) 643-2359
The Cal Performances Ticket Office is located at the northeast corner of Zellerbach Hall on the UC Berkeley campus.

Event web site: fredkorematsuday.org
Facebook event page: http://www.facebook.com/event.php?eid=117833281622710&num_event_invites=0
For questions, email info@korematsuinstitute.org or call (415) 848-7727

PROGRAM

Rev. Jesse Jackson

A keynote speech by the Reverend Jesse Jackson. The founder and president of the Rainbow PUSH Coalition, Rev. Jackson is one of America’s foremost civil rights, religious and political figures. Over the past forty years, he has played a pivotal role in virtually every movement for empowerment, peace, civil rights, gender equality, and economic and social justice. In 2000, President Bill Clinton awarded Reverend Jackson the Presidential Medal of Freedom, the nation’s highest civilian honor. Rev. Jackson has been called the “Conscience of the Nation” and “the Great Unifier,” challenging America to be inclusive and to establish just and humane priorities for the benefit of all. He is known for bringing people together on common ground across lines of race, culture, class, gender and belief. In 1999, Fred Korematsu was honored at the Rainbow PUSH Coalition’s annual awards dinner.

Karen Korematsu
Karen Korematsu, daughter of Fred Korematsu and co-founder of the Fred T. Korematsu Institute for Civil Rights and Education. Karen shares her father’s passion for social justice and continues to advance his legacy by helping the Institute with its development and outreach efforts and speaking at events around the country.

Beau Sia

A performance by spoken word artist Beau Sia. Oklahoma-born Sia was one of the original cast members in Russell Simmon’s Def Poetry Jam, which won a Tony Award in 2003. He has also appeared in It’s Showtime at the Apollo, HBO’s Def Poetry Jam, and the film Slam. He has published a book of poetry, A Night Without Armor II: The Revenge, and released two spoken word CDs, Attack! Attack! Go!and Dope and Wack.

Rep. Keith Ellison

A video message from Minnesota Congressman Keith Ellison. Rep. Ellison is the first Muslim ever elected to U.S. Congress. He has represented the Fifth Congressional District of Minnesota in the U.S. House of Representatives since taking office on January 4, 2007.

Keith’s philosophy is one of “generosity and inclusiveness.” His roots as a community activist and his message of inclusivity through democratic participation resonates throughout the Fifth District. His priorities in Congress are: promoting peace, prosperity for working families, environmental sustainability, and civil and human rights.

Asm. Warren Furutani

California Assemblymember Warren Furutani, co-sponsor of the Fred Korematsu Day bill. Asm. Furutani was re-elected to the 55th District in 2010 for his second two-year term. Warren has over 40 years of experience and involvement in education and public service. He is also the chair of the Asian Pacific Islander American Legislative Caucus, which has ten members. In 2008, he authored Assembly Bill 37, which granted honorary college degrees to Japanese Americans whose education was disrupted due to their wrongful incarceration during World War II.

Asm. Marty Block

California Assemblymember Marty Block, co-sponsor of the Fred Korematsu Day bill. Asm. Block was elected in November 2008 to represent the 78th District, one of the most diverse districts in the county of San Diego. He is a former dean and retired professor at San Diego State University (SDSU). His passion on education issues, both at the K-12 levels and collegiate levels shows a strong regard for those who have little or no voice in the political process.

Sydnie Kohara

Emcee Sydnie Kohara is an award-winning journalist and co-anchor of the CBS 5 Eyewitness News Early Edition. She has served as an international correspondent and anchor for CNBC in London and Singapore. Kohara is no stranger to public service and community outreach. She was a political appointee under California Governor George Deukmejian, serving as Chief of Communications for the California Department of Alcohol and Drug Programs. Kohara also helped found Camp CEO, a Girl Scout-sponsored retreat for at-risk teenage girls.

UC Hastings Throws Down: Defeats Christian Legal Society in U.S. Supreme Court

Monday, June 28th, 2010

Remember that whole thing with U.C. Hastings (the largest and oldest law school in the West) getting into it with the Christian Legal Society? Well, it’s over, with Hastings winning in a 5-4 decision.

(That means that there will be one less thing for incoming Dean Frank H. Wu to worry about when he takes over on July 1.)

Get all the deets, here and below, and see what the CLS has to say, after the jump, and oh, here’s a nice take already from fast-working Bob Egelko.

The flag of Victory, or something, flying above The Tower at 100 McAllister:

U.S. Supreme Court Affirms UC Hastings’ Policy in Christian Legal Society v. Martinez, et al. Decision

The Supreme Court of the United States affirmed the decision of the United States Court of Appeals for the Ninth Circuit in Christian Legal Society v. Martinez, et al., signifying an important win in the country’s highest court for the College’s policy on recognition of student organizations and for higher education generally.

In the ruling authored by Justice Ginsburg, the decision stated: “Compliance with Hastings’ all-comers policy, we conclude, is a reasonable, viewpoint-neutral condition on access to the student-organization forum.”

“We are very pleased with the Supreme Court’s decision.  The College’s intent has always been to ensure the leadership, educational and social opportunities afforded by officially recognized student organizations are available to all students attending public institutions.  The Court’s ruling validates our policy, which is rooted in equity and fairness,” said Leo Martinez, Acting Chancellor and Dean, Hastings College of the Law.  

Justice Ginsburg delivered the opinion of the Court, in which Justices Stevens, Kennedy, Breyer and Sotomayor joined.  Justices Stevens and Kennedy joined the majority opinion in full and filed concurring opinions.  Justice Alito filed a dissenting opinion in which Chief Justice Roberts and Justices Scalia and Thomas joined.  

COURT’S DECISION:        Available at http://www.supremecourt.gov/

BRIEFS:        Available at http://www.abanet.org/publiced/preview/briefs/april2010.shtml

As promised, the Christians Speak, after the jump.

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