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"Ideological Warfare" in the Confirmation Process:  Collin Levy at Wall Street Journal reports that "Joe Biden Wrecked the Judicial Confirmation Process," and Kirk Victor agrees at National Journal Online.  According to both articles, Vice President Joe Biden's attack on Robert Bork in 1987 dramatically changed the way Supreme Court Justices are confirmed.  Before Robert Bork's confirmation hearings, the Senate proceeded on the principle that it owed the president deference on his judicial selections.  But after 1987, all that changed, because Biden believed "[t]he Senate has an undisputed right to consider judicial philosophy."  Now, according to Ms. Levy, the confirmation process has become "a game of political revenge" that "has been toxic not only for the nominees but for the courts," which must find ways to deal with heavy caseloads when vacancies are caused by the delay.

Photos of the "Perp Walk":  At Wall Street Journal Blog, Ashby Jones asks whether pictures of a "perp" in handcuffs are prejudicial or proper?  According to Jones, a U.S. District Court Judge in Long Island is being asked to decide whether a newspaper should be enjoined from publishing photos of a criminal defendant in handcuffs for fear that such pictures might prejudice a jury?  U.S. District Judge Arthur Spatt will hold a hearing to determine whether he will prohibit Newsday from continuing to publish pictures of Long Island legislator Roger Corbin in handcuffs because the actions would prejudice his chance for a fair trial.  Newsday has a story on the hearing, which reports the pictures were published in early May alongside stories about Corbin's arrest on federal charges of evading income tax on $226,000 and lying to an agent about the situation.

A Supreme Court Case Worthy of Memorial Day:  In Salazar v. Buono, the Supreme Court will be asked to consider whether a cross erected in the Mojave Desert Preserve in honor of those who fought and died in World War I violates the Establishment Clause.  At Blog of Legal Times, Tony Mauro reports on a conference held by representatives of major veterans' groups that called on the Supreme Court to allow the Mojave Desert Veterans Memorial to stand.  The ACLU has challenged the seven-foot-tall cross as a violation of the Establishment clause because it was erected on a federal preserve.  The Ninth Circuit has sided with the ACLU twice.  In its second ruling, the court said that an intervening congressional action to transfer the land surrounding the cross to a private party did not cure the constitutional problem.  Mauro reports that the Legal Liberty Institute has authored a brief on behalf of the veterans, and has a website - DontTearMeDown.com - devoted to preserving the memorial.  

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