tag:blogger.com,1999:blog-20182867270290069312024-03-12T22:13:32.233-04:00New York Court WatcherResearch & Commentary on the Supreme Court, the New York Court of Appeals, MoreVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comBlogger479125tag:blogger.com,1999:blog-2018286727029006931.post-52112336823097791522023-12-16T13:31:00.001-05:002023-12-16T13:31:56.263-05:00NYCOA: Takeaways from the New Redistricting DecisionThis past week, New York's highest court, in a 4-3 decision in Matter of Hoffman v. NYS Independent Redistricting Commission, ordered the state's bipartisan Independent Redistricting Commission (IRC) to reconvene and to redraw the state's congressional districts. There's much to be said about that decision, both legally and politically.(click to enlarge for a better view)Presumably, only a few Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-88152578001239674112023-12-11T18:51:00.001-05:002024-01-13T17:47:00.939-05:00Part 2, Criminal Appeals--NYCOA: The Wilson Uptick We previously looked at the increase in cases being heard at New York's highest court since Rowan Wilson was elevated to Chief Judge this past April and, more specifically, since he began producing the Court's calendars starting with this September's. We saw that the increase has already been half-again what it was previously. That is so whether the several Wilson calendars thus far produced are Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-26155346269041953872023-12-07T15:14:00.003-05:002023-12-07T17:28:18.680-05:00Why I Loved Sandra Day O'ConnorSource: Annenberg Public Policy CenterWe learned last week that she had passed away. We knew it was coming. We knew she was quite ill and that the Justice O'Connor we knew had already left us. But we are, nevertheless, newly aggrieved that she is gone.I didn't know Justice O'Connor well on a personal or social level. But I did have the opportunity to meet her and to spend some time chatting Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-74465545978502043632023-11-25T12:54:00.002-05:002024-01-13T17:40:53.131-05:00NYCOA: The Wilson Uptick Yikes! It's been a few months. First, it was severe neck trauma that kept me totally out of commission for a while, and since then it's been zealously catching up on delayed deadlines and postponed commitments. Now, for better or worse, I'm back!There's lots to address about both the Supreme Court and New York's high court, the Court of Appeals. Let's begin with the latter. Specifically, Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-53152219296707708912023-07-04T08:08:00.001-04:002023-07-04T08:08:37.885-04:00(Part 6) More NY Chief Judge Wilson's Majority Opinions in Divided CasesIn Part 5, we looked at a couple of majority opinions then-Judge Rowan Wilson had authored in divided criminal cases. Now we'll take a look at a couple of his majorities in divided civil cases.Credit: Hans Pennink, APWe previously saw, in Part 3 and Part 4, that in dissenting opinions he disagreed with his colleagues who rejected claims by those who were injured through the fault of others-Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-2895689127873865592023-07-01T14:08:00.006-04:002023-07-02T14:16:23.648-04:00(Part 5) NY Chief Judge Wilson's Majority Opinions in Divided CasesIt is vital that we restore the Courtto its position of national preeminence.--Chief Judge Rowan D. Wilson, Opening RemarksSenate Confirmation Hearing, April 17, 2023 At Columbia Law SchoolIn previous posts in this series, we reviewed Rowan Wilson's eventual selection to sit on New York's highest court in 2016 by then-Governor Andrew Cuomo, and his nomination to be Chief Judge this Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-17399122359906102132023-06-14T13:07:00.003-04:002023-06-14T13:56:25.644-04:00(Part 4) One More: Then-Associate Judge Wilson Versus the Majority's "Special Duty" RuleNY Senate PhotoShortly before his elevation to Chief Judge, Rowan Wilson made clear in his dissenting opinion last year, in Howell v City of New York (November 22, 2022), that the majority's application of the "special duty" rule is a true abomination. Sorry, but it's hard to characterize it any other way. Wilson did manage to express it more elegantly.First, the aftermath:Several weeksVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-45667651929368162272023-06-08T14:12:00.002-04:002023-06-14T14:55:09.986-04:00(Part 3) NY Chief Judge Nominee/Appointee Rowan WilsonProtecting the rights of New Yorkers is my top priority.--Rowan D. Wilson,upon his nomination to be Chief Judge(Yes, it's been a few weeks. End-of-semester review sessions, exams, grading, and other pre-occupations. Indeed, some of the latter were following and interviewing on the selection of the new Chief Judge and on filling the resulting Associate Judge vacancy. In case of interest, Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-20014217424261858412023-04-16T16:41:00.005-04:002023-06-08T13:51:31.008-04:00(Part 2) NY Chief Judge Nominee Rowan WilsonIn Part 1, we tracked Judge Rowan Wilson's eventual nomination by former Governor Andrew Cuomo to the Court of Appeals in 2017--on Wilson's 6th consecutive inclusion on the Commission on Judicial Nomination's list of recommended nominees. We also reprised my suggestion, ten years ago, that he would be an "ideal choice" to be Chief Judge. (I'm hardly clairvoyant, but I do believe my suggestion Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-68550836014026306272023-04-15T18:50:00.001-04:002023-04-15T18:50:51.637-04:00NY Chief Judge Nominee Rowan Wilson (Part 1)It's been a long and winding road for Rowan Wilson to first be selected to sit on New York's highest court and, ultimately, to be selected for the center seat as Chief Judge of the court and the state.It was ten years ago that Rowan Wilson's name first appeared as a potential nominee for the Court of Appeals. His name was among those on the list of seven that the Commission on Judicial NominationVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-61882310020993743232023-01-07T15:55:00.000-05:002023-01-07T15:55:07.375-05:00Hochul's Pick for Chief Judge (Part 3): LaSalle's [Other] RecordIn Part 1, we examined the nominating commission's strong list for Chief Judge, but decried the exclusion of Judges Jenny Rivera, Rowan Wilson, and Shirley Troutman. (I would also mention Elizabeth A. Garry, Presiding Justice of the Appellate Division, Third Department, but I have no idea whether she applied.) In Part 2, we took a close look at cases which some opponents of Governor Hochul'sVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-64358945441153323792023-01-05T16:35:00.007-05:002023-01-05T17:09:52.579-05:00Hochul's Pick for Chief Judge (Part 2): LaSalle's RecordIn Part 1, we looked at the list of seven candidates for Chief Judge recommended to Governor Kathy Hochul by the Commission on Judicial Nomination. We discussed the strong inclusions, the shameful exclusions, and the need for a strong Chief Judge to help restore the New York Court of Appeals to its traditional preeminence. Let's now take a look at Judge Hector D. LaSalle's record. Ever sinceVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-35556384661252694122023-01-03T16:12:00.002-05:002023-01-04T13:01:36.328-05:00Hochul's Pick for Chief Judge: The Commission's List and LaSalle's Record (Part 1)Let me start by repeating that it is a disgrace that three sitting members of the Court of Appeals were excluded from the list of candidates for Chief Judge. Those three--Jenny Rivera, Rowan Wilson, and Shirley Troutman--were the Judges whose voting records have been more philosophically liberal than the others on the Court. It's hard to believe that the nominating commission that chose the sevenVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-29038587299202249532022-10-04T13:09:00.000-04:002022-10-04T13:09:13.980-04:00Capital Tonight: Previewing Some Major Cases This Supreme Court TermCAPITAL TONIGHT(click to enlarge)https://spectrumlocalnews.com/nys/central-ny/politics/2022/10/03/2--blockbuster--cases-before-the-supreme-court-this-session?cid=share_clipVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-57475106153408031112022-08-02T11:27:00.002-04:002022-08-02T11:34:16.729-04:00The Incredible Shrinking Docket: Criminal Appeals (CLA's) Granted by Court of Appeals JudgesI wish Chief Judge Janet DiFiore, of whom I am personally fond, the very best on her announced departure from the Court.Oral Arguments/Court of Appeals WebsiteWe've previously looked at the Court of Appeals' dramatically reduced caseload over the past few years--both the total appeals and, separately, the criminal cases. Now let's look closer into the latter.Let's see how many criminal casesVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-3265479086954926432022-07-07T13:14:00.000-04:002022-07-07T13:14:18.304-04:00The Incredible Shrinking Docket: The Court of Appeals' CRIMINAL Caseload (with graphs!)We've previously looked at the reduction in the caseload at New York's highest court. (See The Incredible Shrinking Docket: The Court of Appeals' Reduced Caseload [The Graph].) Now we'll focus specifically on criminal appeals.Credit: Daniel caseThe magnificent Court of Appeals courtroom.This has been a source of considerable consternation for the state's criminal defense bar. The lack of criminalVin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-86435847291533204062022-06-28T13:04:00.005-04:002022-07-07T12:44:11.609-04:00The Incredible Shrinking Docket: The Court of Appeals' Reduced Caseload (The Graph)In The Incredible Shrinking Docket: The Court of Appeals' Reduced Caseload, we looked at the total appeals decided by New York's highest court each year from 1988 through 2021, the last full year for which figures are available. The data are all derived from the Court's own Annual Reports.The visualization of the reduction in caseload over the years makes clear just how dramatic it has been,Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-67055859262066298812022-06-24T12:49:00.001-04:002022-06-24T12:49:58.834-04:00The No-Longer-Just-Leaked Opinion--Constitutional Nonsense Revisited (Part 4)The now-official opinion by Justice Samuel Alito for the Supreme Court in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and eliminating any right to choose an abortion, repeats what we've seen previously when the draft was leaked:As we have explained, procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-51794513219560837362022-06-16T10:37:00.004-04:002022-06-28T13:05:17.525-04:00The Incredible Shrinking Docket: The Court of Appeals' Reduced CaseloadNew York's high court has been deciding fewer cases. Much fewer. That may be a good development or a bad one. Wise or foolish. There are arguments pro and con. But there is no arguing that the reduction has been dramatic.Oral Arguments 2021In the past year, the 2021 term, the Court of Appeals decided 81 appeals. That contrasts with the decisional record several years earlier which exceeded 200 Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-16009412928715345682022-06-08T07:40:00.000-04:002022-06-08T07:40:44.885-04:00The Leaked Opinion--Constitutional Nonsense Revisited (Part 3)Here's the final installment in this series. Preparing an article on overturning precedent and grading final exams and papers are the culprits for the delay.Justice Samuel AlitoAl Drago/Bloomberg via Getty ImagesWe've previously looked at Justice Alito's two main arguments against a woman's right to choose an abortion. In Part 1, we looked at "it's-not-in-the-text" of the Constitution; in Part 2,Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-71335145576598789972022-05-11T16:53:00.002-04:002022-05-12T08:15:26.998-04:00The Leaked Opinion--Constitutional Nonsense Revisited (Part 2)In Part 1, we examined the nonsensical, ahistorical, and contra-constitutional argument that "it's-not-in-the-text" of the Constitution. In short, the primary argument in Justice Samuel Alito's leaked opinion--i.e., that a woman's right to choose an abortion is nowhere mentioned in the document--misrepresents the purpose of the Constitution, which was to organize and divide powers in the new Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-43773405650853822022-05-07T08:03:00.002-04:002022-05-07T10:38:29.535-04:00The Leaked Opinion--Constitutional Nonsense Revisited* (Part 1) *In a series of posts several years ago, I examined some nonsensical arguments that are regularly spouted, often by those who do or should know better. [Supremely
Awful Arguments: Constitutional Nonsense (Part 1); (Part 2); (Part 3); (Part 4).] The leaked opinion is full of them.Let me begin with what is usually left unsaid or ignored regarding the constitutional issue of Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-42388077175609864472022-03-02T12:06:00.003-05:002022-03-02T13:41:09.475-05:00Ketanji Brown JacksonInstead of rewriting what I've already said quite a few times in interviews on TV, radio, and podcast about President Biden's Supreme Court nominee, I thought I'd simply provide links to a few of those interviews.In the meantime, of course, our hearts, thoughts, and supportare with the people of Ukraine.Judge Ketanji Brown JacksonU.S. Court of Appeals for the D.C. CircuitSupreme Court Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-20076966294789906682022-02-09T12:29:00.000-05:002022-02-09T12:29:06.550-05:00What's with Gorsuch?As widely reported, Justice Neil Gorsuch has decided to go maskless on the bench. Everyone else on the Court has been wearing a mask. Well, we can't say that about Sonia Sotomayor. She has avoided the bench and participated in oral arguments remotely. Notably, she is a diabetic. Good enough reason to keep her distance from the unmasked colleague.Relatedly, it has become pretty well known among Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.comtag:blogger.com,1999:blog-2018286727029006931.post-43285056869828082942021-11-01T15:57:00.000-04:002021-11-01T15:57:12.577-04:00REPRISE: Religious Institutions Must Pay Abortion Coverage in NYIn a series of posts last year, I discussed the challenge to New York's abortion insurance mandate brought by religious objectors. Led by the Roman Catholic Diocese of Albany, the challengers sought an exemption on sincere religious grounds.(See Religious Institutions Must Pay Abortion Coverage in NY (Part 1): More Aftermath of Scalia's Dreadful Oregon v. Smith Opinion [July 6, 2020];Vin Bonventrehttp://www.blogger.com/profile/05480012880194403423noreply@blogger.com