Posts Tagged ‘Judge

07
Aug
10

A New Supreme Court Justice

NEWS
A New Supreme Court Justice
Honoring Elena Kagan

Saturday, August 07, 2010

“This is a good day,” said the President this afternoon. And it was, especially for Elena Kagan, who was being congratulated on her on confirmation as the next Supreme Court Justice. He thanked the other Justices in attendance for coming, and thanked the Senate – in particular Judiciary Chairman Leahy – for their work in the process.

The President noted the bipartisanship in the final vote and recounted the broad support her nomination received across the ideological spectrum:

These folks may not agree on much, but they’ve all been impressed, as I have, by Elena’s formidable intellect and path-breaking career – as an acclaimed scholar and presidential advisor, as the first woman to serve as Dean of the Harvard Law School, and most recently as Solicitor General. They admire how, while she could easily have settled into a comfortable practice in corporate law, she chose instead to devote her life to public service. They appreciate her even-handedness and open-mindedness, and her excellent – and often irreverent – sense of humor.

These are traits that she happens to share with the last Solicitor General who went on to become a Supreme Court Justice – one for whom Elena clerked, and whom she considers one of her heroes – Justice Thurgood Marshall. And we are very proud to have Justice Marshall’s widow here today joining us. (Applause.)

In a tribute she wrote after Justice Marshall’s death, Elena recalled how she and her fellow clerks took turns standing guard when his casket lay in state at the Supreme Court – and how 20,000 people stood in a line that stretched around the block to pay their respects. They were people from every background and every walk of life: black, white, rich and poor, young and old. Many brought their children, hoping to impress upon them the lessons of Justice Marshall’s extraordinary life. Some left notes, some left flowers. One mourner left a worn slip opinion of Brown v. Board of Education.

It is, to this day, a moving reminder that the work of our highest Court shapes not just the character of our democracy, but the most fundamental aspects of our daily lives – how we work, how we worship, whether we can speak freely and live fully, whether those words put to paper more than two centuries ago will truly mean something for each of us in our time.

For her part, Kagan echoed the gratitude for those who worked so hard in the process, and gave a special note of thanks to her family:

Finally, I want to thank my family and friends. I have a lot of family here today – my brothers and sister-in-law, a nephew, a niece, aunts, uncles, cousins – and I have a great many friends here as well. You came from all over the country as soon as you heard the Senate had approved my nomination. And I’m moved and deeply grateful for your support.

And all around me in this room, I feel the presence of my parents. I wouldn’t be standing here today if not for their love and sacrifice and devotion. And although my parents didn’t live to see this day, what I can almost hear them saying – and I think I can hear Justice Marshall saying this to me right now as well – is that this appointment is not just an honor. Much more importantly, it is an obligation – an obligation to protect and preserve the rule of law in this country; an obligation to uphold the rights and liberties afforded by our remarkable Constitution; and an obligation to provide what the inscription on the Supreme Court building promises: equal justice under law.

Tomorrow, I will take two oaths to uphold this solemn obligation: one, to support and defend the Constitution; and the other, to administer justice without respect to persons, to the rich and poor alike.

Today, Mr. President, I will simply say to you and to everyone here and across the nation that I will work my hardest and try my best to fulfill these commitments and to serve this country I love as well as I am able.

• Latest News & Headlines » Home «
• Source(s): The White House
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06
Aug
10

Senate confirms Kagan as 112th justice

NEWS
Senate confirms Kagan as 112th justice
Senate confirms Elena Kagan as 112th justice of the Supreme Court

Friday, August 6, 2010

The U.S. Senate confirmed Elena Kagan Thursday as the Supreme Court’s 112th justice and the fourth woman in its history, granting a lifetime term to a lawyer and academic with a reputation for brilliance, a dry sense of humour and a liberal bent.

The vote was 63-37 for President Barack Obama’s nominee to succeed retired Justice John Paul Stevens.

Five Republicans joined all but one Democrat and the Senate’s two independents to support Kagan. In a rarely practiced ritual reserved for the most historic votes, senators sat at their desks and stood to cast their votes with “ayes” and “nays.”

Kagan watched on television in the conference room at the solicitor general’s office, with her Justice Department colleagues looking on. She is to be sworn in Saturday afternoon at the court by Chief Justice John Roberts.

Obama, travelling in Chicago, said Kagan will make an outstanding justice who understands that her rulings affect people and called the addition of another woman to the court a sign of progress for the country. He invited Kagan to the White House for a ceremony Friday marking her confirmation.

The vote, Obama said, was “an affirmation of her character and her temperament; her open-mindedness and evenhandedness; her determination to hear all sides of every story and consider all possible arguments.”

Kagan is not expected to alter the ideological balance of the court, where Stevens was considered a leader of the liberal wing. But the two parties clashed over her nomination and the court itself. Republicans argued that Kagan was a politically motivated activist who would be unable to put aside her opinions and rule impartially. Democrats defended her as a highly qualified trailblazer for women who could bring a note of moderation and real-world experience to a polarized court they said was dominated by just the kind of activists the GOP denounced.

Kagan is the first Supreme Court nominee in nearly 40 years with no experience as a judge, and her swearing-in will mark the first time in history that three women will serve on the nine-member court together.

Her lack of judicial experience was the stated reason for one fence-sitting Republican, Sen. Scott Brown, to announce his opposition to Kagan’s confirmation Thursday, just hours before the vote.

Though calling her “brilliant,” Brown, who had been seen as a potential supporter from the minority party, said she was missing the necessary background to serve as a justice.

“The best umpires, to use the popular analogy, must not only call balls and strikes, but also have spent enough time on the playing field to know the strike zone,” Brown said.

Democrats said they hoped Kagan would act as a counterweight to the conservative majority that has dominated the Supreme Court in recent years.

“I believe she understands that judges and justices must realize how the law affects Americans each and every day. That understanding is fundamental,” said Democratic Sen. Patrick Leahy, the Judiciary Committee’s chairman. With her confirmation, he said, “the Supreme Court will better reflect the diversity that made our country great.”

Most Republicans portrayed Kagan as a partisan who will use her post from the bench to push the Democratic agenda.

Kagan “is truly a person of the political left – now they call themselves progressives – one who has a history of working to advance the values of the left wing of the Democratic Party, and whose philosophy of judging allows a judge to utilize the power of their office to advance their vision for what America should be,” said Sen. Jeff Sessions of Alabama, the top Republican on the Judiciary Committee.

Just one Democrat – centrist Sen. Ben Nelson – crossed party lines to oppose Kagan.

A handful of mostly moderate Republicans broke with their party to back her: Maine Sens. Susan Collins and Olympia Snowe, South Carolina’s Sen. Lindsey Graham, retiring Sen. Judd Gregg of New Hampshire, and Indiana Sen. Richard Lugar.

They argued that partisanship should play no role in debates over the Supreme Court and have called Obama’s nominee qualified.
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05
Jun
10

British Airways cabin crew begin third walkout

NEWS
British Airways cabin crew begin third walkout

Saturday, June 5, 2010

NEWS

••• Strike pay has been increased for British Airways cabin crew as they launch their latest wave of five-day walkouts in their bitter row with the airline.

Unite said on Saturday it will pay its members $65 a day, up from $43.36 in previous strikes, and is considering offering interest-free loans of $1.445 for hardship cases.

BA said more crew than expected turned up for work on Saturday at Heathrow airport, meaning it could operate additional flights.

The cabin crew on Saturday staged their 18th day of action since March and will stay out until next Wednesday, raising the cost of the industrial action to BA to well over $216.77 million.

The union is threatening to ballot its members again if the deadlocked row is not resolved, which could disrupt flights throughout the busy summer months.

The impact of the dispute was revealed this week when the airline announced a 14.2 percent dip in passenger numbers last month.

A BA spokesman said on Saturday: ‘Our global operations went very well last week and we have got off to another good start today at the beginning of this strike period.

‘The numbers of crew reporting for work at Heathrow on Saturday has been higher than we expected and as a result we have been able to operate additional flights to Los Angeles, Washington, Mexico City and Phoenix.

‘These flights are in addition to the larger schedule previously announced at Heathrow for this period of strike action.
‘We will continue to operate 100 percent of our schedule at Gatwick and London City airports and our cabin crew at Gatwick continue to ignore Unite’s strike calls and work as normal.’

BA is aiming to operate around 80 percent of long-haul flights from Heathrow over the next five days, up from 70 percent and 60 percent in the past two strike periods, and 60 percent of short-haul flights, up from 55 percent and 50 percent.

Talks between Unite’s joint leader Tony Woodley and BA’s chief executive Willie Walsh under the auspices of the conciliation service Acas ended without agreement last week, with little sign of any progress.

An agreement in principle has been struck over cost-cutting, the original cause of the dispute, but the removal of travel concessions from strikers is now blocking a deal.

Unite has urged BA to fully restore the travel concessions, arguing it would not cost the airline any money.

The union said it believes the next series of strikes will be strongly supported by cabin crew and will have a ‘huge impact’ on flights.

Singer Billy Bragg performed an impromptu gig for the strikers at a football ground near Heathrow on Saturday.

An Acas spokesman said: ‘Acas and the TUC have continued to maintain contact with both BA and Unite since talks were adjourned.

‘It is expected that a date will be agreed shortly for talks to resume.’
» Check your flight information here: British Airways
• Latest News & Headlines » Home «
• Source(s): British Airways PLC
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23
May
10

British Airways strike to go ahead despite last-gasp peace offer

NEWS
British Airways strike to go ahead despite last-gasp peace offer

Sunday, May 23, 2010

NEWS

••• British Airways cabin crew will go ahead with a wave of strikes from tomorrow after hopes of a last-minute deal collapsed.

The British Airways cabin crew strike set to start at midnight will be suspended if Willie Walsh reinstates staff travel perks, Unite joint leader Tony Woodley has said.

In a last-minute appeal to the BA chief executive outside the union’s HQ in London, Mr. Woodley said he was ‘making a goodwill gesture to the public’.

He added: ‘As a sign of good faith, I’m making this offer now to Willie Walsh.

‘Turn round and reinstate our people’s travel without the unnecessary, vindictive removal of their service and this union will call off tonight’s strike and suspend the action.’

Earlier, it was announced the first of three five-day walkouts will go ahead after a ‘catastrophic’ breakdown in negotiations.

It was thought Mr. Woodley had told union officials there was no chance of resuming talks after the previous meeting was dramatically halted by a Socialist Workers Party protest.

Union sources claimed Mr. Walsh withdrew from further talks this morning – but the airline has said it is ‘willing, available and able’ to return to the negotiating table.

However, now Mr. Woodley has said a deal is ‘very close’ and ‘an agreement in principle on the business issues’ had been reached.

In a sideswipe at the protesters, Mr. Woodley said ‘fantastic progress’ had been made before the meeting was ‘rudely interrupted by our friends from the SWP’.

Only this morning, the BA boss had said there was still ‘an opportunity’ to avoid a strike – but warned contingency plans are in place.
‘British Airways will be flying tomorrow. We will not be grounded by the actions of a tiny minority who are clearly out of touch with reality,’ he told BBC 1’s Andrew Marr Show.

‘If the strike goes ahead at midnight we are ready.’

Speaking outside Heathrow Airport, Sky News’ Simon Newton said: ‘BA says it plans to operate 60% of long-haul and 50% of short-haul flights out of Heathrow.

‘The advice for passengers is to check with the British Airways website.’

There was a further twist when BA accused Unite’s other joint leader, Derek Simpson, of giving a ‘running commentary’ of the discussions via Twitter.

Mr. Walsh told Marr he had been ‘shocked and angry’ to learn of the tweets, adding: ‘That really does undermine the discussions that took place.
‘If it wasn’t for Derek’s actions and clearly then the mob storming the building, we may have been able to make significant progress.’

The messages which appeared on Twitter were posted under the name derekamicus next to a picture of Mr. Simpson.

One read: ‘Willie and Tony locking horns over accusations of unequal treatment of allegations of bullying.’

It was followed by another which read: ‘Arguments over the 8 sacked workers,’ and then: ‘Fear of more sackings to come.’

But Mr. Woodley said: ‘Never mind travelling the airwaves on Twitter, let’s deal with the issues that matter to the British travelling public.’
» Check your flight information here: British Airways
• Source(s): Sky News / British Sky Broadcasting Ltd. (BSkyB) / News Corp. and British Airways PLC

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21
May
10

British Airways posts another record annual loss

NEWS
British Airways posts another record annual loss

Friday, May 21, 2010

British Airways has posted a record annual net loss of $754 million, due to the recession, a tough winter and strikes by cabin crews in March.

Friday’s earnings update from the carrier – which is currently facing 15 more days of walkouts in a bitter dispute with cabin crews over changes to pay and working conditions – is slightly better than had been feared.

The loss for the year ending March 31 compares with a loss of $517.883 million in the previous year. Revenue dropped 11 percent to $11.558 billion.

British Airways (BA) says it is making progress on a cost savings program that has included cutting jobs. It has warned the Unite union that the disputed changes are necessary for the airline to survive in a post-financial crisis world.

The airline said revenues had plunged by $1.447 billion, although this was offset by falling fuel costs as well as savings elsewhere in the business.

Chief executive Willie Walsh also fired a broadside at unions after Unite on Thursday won its appeal against the latest strikes being ruled out on a technicality.

‘Returning the business to profitability requires permanent change across the company and it’s disappointing that our cabin crew union fails to recognise that,’ he warned.

He added that the current financial year ‘could hardly have had a worse start’ due to the disruption caused by Iceland’s volcanic eruption, which closed most of European airspace for almost a week in April.

Following the court decision, 15 days of strikes are due to kick off on Monday.

But the group said market conditions were showing improvement and BA is expecting to break even this year following its heavy losses.
• Source(s): British Airways PLC and Sky News / British Sky Broadcasting Ltd. (BSkyB) / News Corp.
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20
May
10

British Airways Strike Injunction Overturned

NEWS
British Airways Strike Injunction Overturned

Thursday, May 20, 2010

NEWS

••• British Airways cabin crew will go on strike for five days from Tuesday after the Unite union won an appeal against a High Court injunction blocking the action.

A series of five-day walkouts had been due to start this week but last Tuesday the High Court ruled in favour of British Airways as the airline made a last-ditch bid to stop the walkouts, Sky News reported today.

Overnight, two out of three judges sitting at the Court of Appeal in London accepted the union’s challenge to the High Court ruling.

After the decision, Unite announced a five-day strike from Tuesday next week.

British Airways said it was “disappointed for its customers” that Unite’s appeal had been upheld and described the strikes as “unjustified and pointless.”

It said, “We are confident that thousands of cabin crew will ignore Unite’s strike call and help us fly more than 70 percent of the customers who were booked to fly with us in the period targeted.”

The union originally announced four five-day stoppages from May 18-22 inclusive, then from May 24-28, May 30-June 3 and June 5-9, the last strike ending just two days before the start of the World Cup in South Africa.

Joint Unite leader Tony Woodley repeated his claim the original dispute between British Airways and its cabin crew had been agreed in principle.

He said British Airways now had an “ideal opportunity” to settle the dispute despite the legal wrangle.

Mr. Woodley accused the airline of being “incredibly petty and vindictive” by refusing to fully restore travel concessions to staff who went on strike in March and over disciplinary action taken against more than 50 union members.
» Check your flight information here: British Airways
• Source(s): Sky News / British Sky Broadcasting Ltd. (BSkyB) / News Corp. and British Airways PLC
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17
May
10

British Airways in court attempt to block strike

NEWS
British Airways in court attempt to block strike
Unite spokesman Steve Turner calls a High Court injunction against a planned strike by British Airways cabin crew an ‘affront to democracy’.

Monday, May 17, 2010

NEWS

••• British Airways has blocked a series of four five-day strikes by cabin crew after the High Court in London granted an injunction just hours before they were due to start.

The airline, facing mounting chaos because of the industrial dispute coupled with the volcanic ash cloud from Iceland, succeeded in its legal action after successfully claiming the cabin crew union’s strike ballot failed to follow rules.

Members of the Unite union had been due to walk out from Tuesday to May 22, with further strikes planned on May 24-28, May 30-June 3 and June 5-9.

The airline argued Unite had not properly complied with the requirement to send everyone eligible to vote details of the exact breakdown of the ballot result and therefore the strike action was unlawful.

The judge, Richard McCombe, expressed sympathy for the union and its members, but said: I am unable to say it is sufficiently clear that the union took the steps required by law at the time they were required.

Unite, which is locked in an increasingly bitter battle with BA over staffing and pay, strongly criticised the ruling and vowed to appeal.

This judgment is an absolute disgrace and will rank as a landmark attack on free trade unionism and the right to take industrial action, said the union’s leaders, Tony Woodley and Derek Simpson.
British Airway said: We are delighted for our customers that Unite’s plans for extreme and unjustified strike action cannot go ahead.

The airline said it had already been forced to rearrange much of its schedule to accommodate the planned strike, but promised to restore a full flying program at its London Heathrow base by the weekend.

British Transport Secretary Philip Hammond, who held separate talks with both sides earlier on Monday, said the judgment was good news for passengers.

I want (both sides) to use this breathing space to resolve this dispute, both to avoid disruption to passengers and to safeguard the future of the airline, he said.

British Airway chief executive Willie Walsh spent three hours in talks on Monday with the Unite leaders and adjourned shortly after the court decision.

There will be further talks but events have been overtaken by the court’s decision, said Walsh.

A British Airway spokesman said: “We are delighted for our customers that Unite’s plans for extreme and unjustified strike action cannot go ahead. We are sorry the court judgment cannot undo the disruption already suffered by some customers who were due to travel during the early days of the union’s industrial action.

“As Unite knew, we had to announce last Thursday the rearrangement of our Heathrow schedule to give customers as much notice as possible about changes to their travel plans necessitated by the strike call. Ash disruption permitting, we will aim to restore a full flying programme at Heathrow by the weekend. We will also offer a full programme at Gatwick and London City, as planned.”

Unite’s national officer Steve Turner said: “It’s an affront to democracy and our members and we will be fighting back tomorrow.”

It is the second time in the long-running dispute that BA has succeeded in halting a cabin crew strike through legal action.

The airline won a High Court battle in December to stop a 12-day walkout over the busy Christmas and New Year holidays, when a judge granted an injunction.

British Airway also argued on this occasion that Unite’s ballot of staff was invalid.

The airline’s cabin crew staged walkouts in March, which were marked by sharp disagreements between the union and British Airway over the impact of the industrial action.
» Check your flight information here: British Airways
• Source(s): Independent Television News (ITN) and British Airways PLC
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