Justice Brett Kavanaugh’s Target on the Back of Roe v Wade

In the recent U.S. Supreme Court decision of Ramos v. Louisiana (decided April 20, 2020), Justice Kavanaugh looks like he's putting a target squarely on the back of Roe v Wade.  The decision focuses on the legal doctrine of stare decisis, a doctrine with a troubled legal history and a fascinating concept for those willing to view it through the lens of cognitive science (as I recently did in this article for the Bar Association of Metropolitan St. Louis). The Kavanaugh Concurrence is getting lots of attention for his treatment of stare decisis.

It goes with out saying that the official Roman Catholic position is that abortion is a form of murder.  This view is embraced even by the current leader of the Catholic Church, Pop Francis.  See here.  Kavanaugh is one of five men on the Supreme Court who are practicing Roman Catholics (Kavanaugh, Roberts, Thomas and Alito) or who were (in the case of Justice Neil Gorsuch) were raised Roman Catholic. Justice Sotomayor is also Roman Catholic.

Here are a couple excerpts from the Kavanaugh concurrence:

The doctrine of stare decisis does not mean, of course, that the Court should never overrule erroneous precedents. All Justices now on this Court agree that it is sometimes appropriate for the Court to overrule erroneous decisions. Indeed, in just the last few Terms, every current Member of this Court has voted to overrule multiple constitutional precedents.

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New Podcast for Trial Lawyers: “The Jury is Out” Featuring John Simon and Erich Vieth

For ten years I had the privilege of working as a trial attorney with John Simon. I learned firsthand why John and his team so often won substantial verdicts for their clients on high profile cases. The “secrets” turned out to be nonstop hard work and a recognition that law school is only the beginning of one’s legal education.

About five years ago, I branched off into my own law practice, but I continued working with John on a variety of projects. A few months ago, John invited me to be his co-host on a podcast to teach trial law skills to lawyers and law students. Both John and I teach law students at Saint Louis University School of Law and we both present at legal seminars. Offering a podcast was thus a natural extension of our interests in legal education. We named our new podcast “The Jury is Out” and we released the first five episodes to the public a few days ago. We record our podcasts at a dedicated recording studio at the Simon Law Firm in downtown St. Louis.

John and I will be passing on what we've learned over the years, including lessons we’ve learned from hard experience. Our trial law episodes are geared to particular skills, including multiple episodes on the topics of “Opening Statement,” “Voir Dire” and “Expert Witnesses.” We will also offer interviews with prominent attorneys from St. Louis and beyond. Our guests on upcoming episodes include Hon. Mike Wolff (persuasion), Yvette Liebesman (intellectual property issues of concern to artists), Amy Gunn (efficiencies in the practice of law) and Hon. Glenn Norton (mediation).

You’ll quickly see that our approach for each episode is to roll up our sleeves and get right to it. After you listen to a podcast or two, we would appreciate if you would take a moment to rate this new podcast. And feel free to send us an email with suggestions you might have for future episodes.

You can find “The Jury is Out” wherever you get your podcasts. We’d be honored to have you join us.

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Bill Maher: The News Media Needs to Calm Down. “Don’t Make Trump Be Right.”

Bill Maher points to sensationalistic headlines to make his point.

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Now that we’re starting to see some hope in all this, don’t hope-shame me. The problem with nonstop gloom and doom is it gives Trump the chance to play the optimist, and optimists tend to win American elections. FDR said, ‘The only thing we have to fear is fear itself.’ You know, as full of s–t as he is, I could see Trump riding that into a second term.

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What did NASA’s Hubble Telescope See on Your Birthday?

Here's a great way to feel humbled by the fact that you are a tiny speck within an immense universe. It's also a chance to to have a brain orgasm tied to your own birthday: You are invited to receive a high-res Hubble photo from NASA accompanied by a detailed scientific explanation of something incredible that existed eons ago and farther away than you can imagine without serious effort. Go ahead and enter your birthday so that you can become a time traveler to deep space, courtesy of NASA.

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St. Louis Circuit Attorney Kim Gardner Criticized for Refusing to Bring Charges for Videotaped Daylight Shooting

There was a shooting three days ago in the Central West End during broad daylight and it was captured on video. The bullets hit the victim in the shoulder, stomach and back, although he is expected to survive. I was surprised to hear that the assailant was released from custody the following day without any charges being filed. St. Louis Circuit Attorney Kim Gardner has seen this video but states that her office needs more time to decide whether it will bring any charges against the assailant. Gardner mentions self-defense even though the victim had his hands down at his side when the assailant started shooting and the assailant continues shooting the victim even though the victim was running away. Are we to the point that we should only prosecute perfectly easy cases? I'd like to show this video to the Circuit Attorneys in the 100 biggest cities to see how many wouldn't immediately bring charges.

Gardner has come under a lot of criticism for the way she has been running her office since she took office in January, 2017.  And see here.  And here.  Recently, Gardner has been shown to be less than honest when making accusations against the St. Louis Police Department.

Continue ReadingSt. Louis Circuit Attorney Kim Gardner Criticized for Refusing to Bring Charges for Videotaped Daylight Shooting