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Saturday, Aug. 27, 2016

I'm Late

Posted Tuesday, August 10, 2010, at 7:55 AM

"I'm late. I'm late. For a very important date. No time to say hello, good bye, I'm late, I'm late, I'm late!" -- The White Rabbit, "Alice's Adventures in Wonderland."

OK, I usually post twice per week. I pretty much always post at least once per week. Now I have let both of those self imposed deadlines pass. Therefore, I'm late.

I have been working on a blog on the District Court ruling on the Arizona Immigration Law. While by no means a record-breaker, it is not exactly a short ruling. Additionally, the logic is a bit convoluted and giving a quality analysis, rather than a reactionary screed, is a bit time consuming.

I also started making notes on the District Court ruling on California Proposition 8. This is an equally complex undertaking with a twist. The proposition defines marriage as being between one man and one woman. The federal judge ruling on the proposition is openly homosexual. From there, the case goes to the 9th Federal Circuit in San Francisco. (Anyone want to lay odds on that one???)

I have been exceptionally busy lately. It is likely that I will have a jury trial in the next couple of weeks. The problem is, I am not sure which of several likely cases will be at the top on the fateful day. Add to that receiving some disappointing information that means I have to, as my favorite T.V Chef Emeril Lagasse would say, kick things up a notch.

So here I am, late with my submission, up to my hindquarters in case work, up to my elbows with other time consuming obligations, and nothing appropriate ready for print. What to do?

I got it! David Lewis always has a great blog. Perhaps I could mimic one of his pieces. I know Dave pretty well. He would probably let me slide. The more honorable thing would be to simply recommend reading his blog this week.

When I figure out whether I am coming or going, I'll have something really great to post. Or at least something that may provoke a chuckle or an argument.

Showing comments in chronological order
[Show most recent comments first]

Life happens...as they say. We'll all be here waiting for your next piece, whether it's sooner or later! Just keep 'em coming....or going....depends on your perspective I suppose. Have a great day!

-- Posted by Proud of My Country on Tue, Aug 10, 2010, at 1:33 PM

Dear Proud of My Country,

Thanks for the support and humor. It provided a much needed laugh today.


-- Posted by Charles Hear on Tue, Aug 10, 2010, at 2:24 PM


I always wondered what incroment of measurement is a notch? When I first started reading your blogs I called and asked your assistant how on earth do you find the time?

Life is what happens to us while we are making other plans. Thomas la Mance (who is that?????)

Hope all comes out well, til then, we'll all still be here.........

Silverlining :}

-- Posted by Silverlining on Wed, Aug 11, 2010, at 9:53 PM

Thanks for the kind words.

God gives each of us different gifts. One of the gifts given to me is the ability to tell a story. That is why I am a trial attorney rather than a manager or paper pusher type attorney. Unless I am doing a piece that requires research, my columns are typically written in about 15 to 20 minutes.


-- Posted by Charles Hear on Thu, Aug 12, 2010, at 10:23 AM


I have one question? What does the fact that he is openly gay have to do with it. Are you saying if a judge was openly heterosexual (i.e. married to the opposite sex) he shouldn't rule on this either?

That he would automatically be biased? I would like to think that a Judge would know how to judge.

-- Posted by alwaysopenminded on Thu, Aug 12, 2010, at 2:57 PM

Dear Alwaysopenminded

Of course a judge should know how to judge. However, part of being a judge is avoiding areas of personal prejudice and avoiding the appearance of impropriety.

Most people keep their personal lives private. A judge who openly sleeps with every woman he meets should probably recuse himself from a case involving infidelity. A judge who's parents came to this country illegally, probably should recuse himself from immigration cases. We could go on and on.

The interesting twist in this case is that the Judge ruled that the 14th amendment to the U.S. Constitution says that a state cannot prohibit people from marrying a person of the same sex. When the judge who says this is openly homosexual, are you more or less likely to believe that his personal situation influenced his decision rather than a "pure" analysis of the law?

No matter who would have issued this ruling, it would provoke a heated debate. The fact that this particular judge issued the ruling adds an additional element to the debate.


-- Posted by Charles Hear on Fri, Aug 13, 2010, at 10:08 AM

I've often wondered about the Courts of Appeal being presided over by a single judge instead of a tribunal of three. As you say, Charles, there is now way to know how a person's life experience or personal situation would affect their analysis of the law, but a tribunal would be less likely for it to happen.

-- Posted by Leo L. Southworth on Sat, Aug 14, 2010, at 3:00 PM

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