WP: Five From the 5th Circuit Mentioned for High Court

[Pirate Smile]

Five From the 5th Circuit Mentioned for High Court
Southern Appeals Bench Known for Conservatism


By Lois Romano
Washington Post Staff Writer
Tuesday, July 19, 2005; Page A08

It wasn't all that long ago that the U.S. Court of Appeals for the 5th Circuit was on the cutting edge of the civil rights movement, a liberal pocket of scholars aggressively enforcing the Supreme Court's demand for speedy desegregation in the Deep South.

But things have changed mightily in 20 years. Today, the New Orleans-based appellate court is considered among the most conservative in the land -- but it is still at the center of politics and history.

-snip-
The court -- which covers Texas, Mississippi and Louisiana -- is known for its independence, and the Supreme Court has reversed it in a number of high-profile cases. The high court has also openly rebuked the 5th Circuit in death penalty cases, signaling that the appeals court crossed the line in denying defendants' rights.

-snip-
Theodore M. Shaw, the director of the NAACP Legal Defense Fund, called "extraordinary" how many times the Supreme Court felt it necessary to chastise the 5th Circuit. "We are not talking about a liberal Supreme Court," he noted. "We're talking about a conservative Supreme Court that apparently became frustrated with the 5th Circuit's failure to meaningfully review criminal convictions for constitutional infirmities . . . cases involving prosecutorial misconduct, police misconduct, racial discrimination. Those problems were not being addressed by the 5th Circuit, so the Supreme Court had to step in."

http://www.washingtonpost.com/wp-dyn/content/article/2005/07/18/AR2005071801251.html

There are some scary-assed Judges on this court.

Your defense attorney slept through your death penalty trial. Any problem with that? Not according to this Court - fry your ass.

[wli]

1. no big surprise

They aren't terribly concerned about the defendants being "chemically restrained" a.k.a. drugged into unconsciousness during their death penalty trials either.

[MisterP]

2. Satan nominated: leaderships encourage Americans to "avoid divisiveness,"

dissidents encouraged to be shot by radio hosts for insisting on "purity litmus tests"

[rwheeler31]

3. Names Please?

nt

[Pirate Smile]

4. kick

[Straight Shooter]

5. How does the rest of the country feel about being judged by this Court?

They carry their attitudes with them, wherever they go. If bush chooses one of these, it's a clear signal of a big "FU" to the rest of the citizens of the U.S.

Civil rights? A competent defense? That's sooo old news to bush.

[DanCa]

6. Seems like all we's got left these days is the street .

I am a zoloft away from using it.

[OregonBlue]

7. It has to be an ultra conservative

An ultra conservative will create such an outcry and circus that the Rove thing will just go away. These guys are smart, get every one's attention off Rove, fire up your base, force the filibuster issue when you have the votes!!

[moondust]

8. And how many from the other 90% of the country?

Five from the same court? Is a more unbalanced approach even possible? Talk about tunnel vision...