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Opinions for the Week of February 1 – February 5, 2021 Albert Richardson
Opinions for the week of February 1 – February 5, 2021 Albert Richardson, Jr. v. USA No. 20-1915 Submitted January 27, 2021 — Decided February 1, 2021 Case Type: Prisoner Southern District of Illinois. No. 92-cr-30116-SMY — Staci M. Yandle, Judge. Before MICHAEL B. BRENNAN, Circuit Judge; MICHAEL Y. SCUDDER, Circuit Judge; AMY J. ST. EVE, Circuit Judge. ORDER Albert Richardson appeals the district court’s order denying his petition for a writ of coram nobis… Richardson filed a petition for a writ of error coram nobis with the district court that presided over his 1992 conviction, arguing that sentencing errors in that case led to an undue sentence enhancement for his current conviction… Even so, Richardson is not entitled to relief. A writ of coram nobis is “to be used only in extraordinary cases” where it is necessary “to achieve justice...” He mounts no meaningful challenge to his 1992 conviction; he challenges only the lawfulness of the resulting sentence. An error in a defendant’s sentence is not so “fundamental” as to render the conviction itself “invalid…” AFFIRMED Laura Ann Harris-Patterson v. Andrew Saul No. 20-1805 Argued January 26, 2021 — Decided February 1, 2021 Case Type: Civil Western District of Wisconsin. No. 19-cv-487-bbc — Barbara B. Crabb, Judge. Before DIANE S. SYKES, Chief Judge; FRANK H. EASTERBROOK, Circuit Judge; THOMAS L. KIRSCH II, Circuit Judge. ORDER An administrative law judge denied Laura Harris-Patterson’s application for disability benefits, and a district judge affirmed that decision. 2020 U.S. Dist. LEXIS 64149 (W.D. -
Secret Sessions of Congress: a Brief Historical Overview
= *(7*9=*88.438=4+= 43,7*88a==7.*+=.8947.(&1= ;*7;.*<= .1)7*)= 2*7= 5*(.&1.89=43=9-*=43,7*88= &7(-=,1`=,**2= 43,7*88.43&1= *8*&7(-=*7;.(*= 18/1**= <<<_(78_,4;= ,*+./= =*5479=+47=43,7*88 Prepared for Members and Committees of Congress *(7*9=*88.438=4+= 43,7*88a==7.*+=.8947.(&1=;*7;.*<= = :22&7>= “Secret” or “closed door” sessions of the House of Representatives and Senate are held periodically to discuss business, including impeachment deliberations, deemed to require confidentiality and secrecy. Authority for the two chambers to hold these sessions appears in Article I, Section 5, of the Constitution. Both the House and the Senate have supplemented this clause through rules and precedents. Although secret sessions were common in Congress’s early years, they were less frequent through the 20th century. National security is the principal reason for such sessions in recent years. Members and staff who attend these meetings are prohibited from divulging information. Violations are punishable pursuant to each chamber’s disciplinary rules. Members may be expelled and staff dismissed for violations of the rules of secrecy. Transcripts from secret sessions are not published unless the relevant chamber votes to release them during the session or at a later time. The portions released then may be printed in the Congressional Record. This report will be revised when either house holds another secret session or amends its rules for these meetings. For additional information, please refer to CRS Report 98-718, Secret Sessions of the House and Senate, by Mildred Amer. -
The Building As Completed, from Walter's Designs
CHAPTER XVI THE BUILDING AS COMPLETED, FROM WALTER’S DESIGNS DWARD CLARK supervised the completion of the Capitol the old Senate Chamber being devoted to the court room and the west from the designs of Thomas U. Walter, leaving the building as front being used by the court officials for office and robing rooms.1 it stands to-day. The terraces on the west, north, and south are The attic story [Plate 223] is so arranged in each wing that the a part of the general landscape scheme of Frederick Law Olm- public has access from its corridors to the galleries of the House and Ested. The building consists of the central or old building, and two wings, Senate Chambers, with provision for the press and committee rooms or the Capitol extension, with the new Dome on the old building. facing the exterior walls of the building. Document rooms are also pro- The cellar [Plate 220] contained space on the central western vided on this floor. extension available for office and committee rooms. Other portions of Plates 224, 225, 225a show the eastern front of the building as the cellar are given up to the heating and ventilating apparatus, or are completed, the principal new features being the porticoes on the wings, used for storage. Beneath the center of the Dome a vault was built in which are similar to the central portico designed by Latrobe. Although the cellar to contain the remains of George Washington, but because of the original design of Thornton contemplated a central portico he did the objection of the family to his burial in the Capitol his body never not contemplate the broad flight of steps which extends to the ground rested in the contemplated spot. -
Dodd P2 Full Book.Indb
16. Is Advice and Consent Broken? The Contentious Politics of Confirming Federal Judges and Justices Sarah Binder and Forrest Maltzman The Constitution empowers the Senate to offer its advice and consent to the president over the selection of judges and justices for the nation’s federal courts. After three decades of partisan and ideological conflict over choosing federal judges, advice and consent for filling lifetime seats on the federal bench is broken. In this chapter, we explore the impact of intensely polarized and competitive parties on confirming federal judges, paying special attention to the Senate’s treatment of President Barack Obama’s judicial nominations. We put recent trends in confirmation outcomes into historical perspective and pinpoint new battles over the makeup of the federal bench, including conflict over filling Supreme Court vacancies in a presidential election year. We conclude that no corner of Capitol Hill is immune to partisan and ideological conflict waging in Washington in recent years. The Senate is surely under no obligation to confirm any particular nominee, but after the necessary time for inquiry, it should vote him up or vote him down. Vacancies cannot remain at such high levels indefinitely without eroding the quality of justice. —Chief Justice William Rehnquist, 19971 Each political party has found it easy to turn on a dime from decrying to defending the blocking of judicial nominations, depending on their chang- ing political fortunes. There remains . an urgent need for the political branches to find a long-term solution to this recurring problem. —Chief Justice John Roberts, 20102 ot even a rebuke by the chief justice of the United States can convince warring DraftN partiesProof inside - and Do outside not the copy,Senate to lay post, down their or arms distribute in a decades- long conflict over who serves on the federal bench. -
A Guide to Proceedings on the Senate Floor
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor Updated December 22, 2020 Congressional Research Service https://crsreports.congress.gov RS20722 The First Day of a New Congress: A Guide to Proceedings on the Senate Floor Summary The Constitution mandates that Congress convene at noon on January 3, unless the preceding Congress by law designated a different day. P.L. 113-201 set January 6, 2015, as the convening date of the 114th Congress. The 115th Congress and 116th Congress both convened on January 3. Congressional leaders announced the 117th Congress will convene January 3, 2021. The Senate follows a well-established routine on the opening day of a new Congress. The proceedings include swearing in Senators elected or reelected in the most recent general election (approximately one-third of the Senate) or newly appointed to the convening Senate; establishing the presence of a quorum; adopting administrative resolutions; adopting standing orders for the new Congress; agreeing by unanimous consent to a date, other than the convening date, on which bills and joint resolutions may begin to be introduced; and electing a new President pro tempore and one or more Senate officers if there is a vacancy or a change in party control. The majority and minority leaders usually make welcoming remarks during the day’s proceedings. If an election to a Senate seat is undecided or subject to consideration by the Senate, the majority leader and other Senators might address the Senate’s posture on that election. Other first-day activities may occur as a consequence of specific circumstances, such as providing for a joint session with the House to count electoral votes after a presidential election. -
2015-2016 Official Manual
CHAPTER 3 FEDERAL GOVERNMENT The “Castle” ruins at Ha Ha Tonka State Park. Photo courtesy of Missouri State Archives 80 OFFICIAL MANUAL Members, President Obama’s Cabinet Joseph R. Biden, Vice President www.whitehouse.gov/vicepresident John Kerry, Secretary of State United States www.state.gov Jack Lew, Secretary, Department of the Treasury Government www.treasury.gov Ashton Carter, Secretary, Department of Defense www.defense.gov Executive Branch Loretta E. Lynch, Attorney General, Department Barack H. Obama, President of the United States of Justice The White House www.usdoj.gov 1600 Pennsylvania Ave. N.W., Washington, D.C. 20500 Sally Jewell, Secretary, Department of the Interior Telephone: (202) 456-1414 www.doi.gov www.whitehouse.gov Thomas J. Vilsack, Secretary, Department of Agriculture The president and the vice president of the www.usda.gov United States are elected every four years by a Penny Pritzker, Secretary, Department of majority of votes cast in the Electoral College. Commerce These votes are cast by delegates from each state www.commerce.gov who traditionally vote in accordance with the Thomas E. Perez, Secretary, Department of Labor majority of the state’s voters. States have as many www.dol.gov electoral college votes as they have congressio- Sylvia Matthews Burwell, Secretary, Department nal delegates. Missouri has 10 electoral college of Health and Human Services votes—one for each of the eight U.S. Congress www.hhs.gov districts and two for the state’s two seats in the Julián Castro, Secretary, Department of Housing U.S. Senate. and Urban Development www.hud.gov The president is the chief executive of the Anthony Foxx, Secretary, Department of United States, with powers to command the Transportation armed forces, control foreign policy, grant re- www.dot.gov prieves and pardons, make certain appointments, Ernest Moniz, Secretary, Department of Energy execute all laws passed by Congress and present www.energy.gov the administration’s budget. -
Federal Government
CHAPTER 3 FEDERAL GOVERNMENT President Truman and Winston Churchill in Fulton, MO, 1946. Gerald R. Massie 100 OFFICIAL MANUAL Members, President Obama’s Cabinet Joseph R. Biden, Vice President www.whitehouse.gov/vicepresident John Kerry, Secretary of State United States www.state.gov Jack Lew, Secretary, Department of the Treasury Government www.treasury.gov Chuck Hagel, Secretary, Department of Defense www.defense.gov Executive Branch Eric H. Holder Jr., Attorney General, Department Barack H. Obama, President of the United States of Justice The White House www.usdoj.gov 1600 Pennsylvania Ave. N.W., Washington, D.C. 20500 Sally Jewell, Secretary, Department of the Interior Telephone: (202) 456-1414 www.doi.gov www.whitehouse.gov Thomas J. Vilsack, Secretary, Department of Agriculture The president and the vice president of the www.usda.gov United States are elected every four years by a ma- Penny Pritzker, Secretary, Department of jority of votes cast in the Electoral College. These Commerce votes are cast by delegates from each state who www.commerce.gov traditionally vote in accordance with the majority Thomas E. Perez, Secretary, Department of Labor www.dol.gov of the state’s voters. States have as many electoral Kathleen Sebelius, Secretary, Department of college votes as they have congressional del- Health and Human Services egates. Missouri has 10 electoral college votes— www.hhs.gov one for each of the eight U.S. Congress districts Shaun L.S. Donovan, Secretary, Department of and two for the state’s two seats in the U.S. Senate. Housing and Urban Development The president is the chief executive of the Unit- www.hud.gov ed States, with powers to command the armed Anthony Foxx, Secretary, Department of Transportation forces, control foreign policy, grant reprieves and www.dot.gov pardons, make certain appointments, execute all Ernest Moniz, Secretary, Department of Energy laws passed by Congress and present the admin- www.energy.gov istration’s budget. -
Circuit Circuit
April 2011 Featured In This Issue Jerold S. Solovy: In Memoriam, Introduction By Jeffrey Cole TheThe A Celebration of 35 Years of Judicial Service: Collins Fitzpatrick’s Interview of Judge John Grady, Introduction By Jeffrey Cole Great Expectations Meet Painful Realities (Part I), By Steven J. Harper The 2010 Amendments to Rule 26: Limitations on Discovery of Communications Between CirCircuitcuit Lawyers and Experts, By Jeffrey Cole The 2009 Amendments to Rule 15(a)- Fundamental Changes and Potential Pitfalls for Federal Practitioners, By Katherine A. Winchester and Jessica Benson Cox Object Now or Forever Hold Your Peace or The Unhappy Consequences on Appeal of Not Objecting in the District Court to a Magistrate Judge’s Decision, By Jeffrey Cole RiderT HE J OURNALOFTHE S EVENTH Some Advice on How Not to Argue a Case in the Seventh Circuit — Unless . You’re My Rider Adversary, By Brian J. Paul C IRCUITIRCUIT B AR A SSOCIATION Certification and Its Discontents: Rule 23 and the Role of Daubert, By Catherine A. Bernard Recent Changes to Rules Governing Amicus Curiae Disclosures, By Jeff Bowen C h a n g e s The Circuit Rider In This Issue Letter from the President . .1 Jerold S. Solovy: In Memoriam, Introduction By Jeffrey Cole . ... 2-5 A Celebration of 35 Years of Judicial Service: Collins Fitzpatrick’s Interview of Judge John Grady, Introduction By Jeffrey Cole . 6-23 Great Expectations Meet Painful Realities (Part I), By Steven J. Harper . 24-29 The 2010 Amendments to Rule 26: Limitations on Discovery of Communications Between Lawyers and Experts, By Jeffrey Cole . -
The Circuit Rider Vol 24 Final Rev.Pdf
April 2018 Featured In This Issue Communicating with Clients, By Hon. Lawrence J. Vilardo A Bug Flew in My Eye, By Kenneth P. Nolan The Changing Ethical Landscape, By Robert A. Clifford TheThe #MeToo and the Courts: The Seventh Circuit Tackles Sexual Harassment Reporting Policies, By Lindsey Ruta Lusk Hey Alexa, Can I Introduce Your Evidence at Trial?, By Alan L. Farkas and Ashley S. Koda Tomorrow’s Appellate Lawyers, By Alexandra L. Newman and Logan A. Steiner CirCircuitcuit Contention Interrogatories, By Jordan Rice The Seventh Circuit Electronic Discovery Pilot Program Approaches its Second Decade with a Renewed Commitment to Service, By Hon. Iain Johnston The First Year at the Helm: An Interview of Chief Judge Magnus-Stinson, Southern District of Indiana, Conducted by Jane Dall Wilson and Adriana Figueroa RiderRiderT HE J OURNALOFTHE S EVENTH Judge John Tinder as County Prosecutor, By Daniel E. Pulliam C IRCUITIRCUIT B AR A SSOCIATION A Fresh Look At Seventh Circuit Rule 40(e), By Jed Glickstein Judicial Gatekeepers at the House of Rule 23(b)(3), By Jason Stiehl THE Fu t u re isNow The Circuit Rider In This Issue Letter from the President . 1 Communicating with Clients, By Hon. Lawrence J. Vilardo . ..2-7 A Bug Flew in My Eye, By Kenneth P. Nolan . .8-10 The Changing Ethical Landscape, By Robert A. Clifford . 11-13 #MeToo and the Courts: The Seventh Circuit Tackles Sexual Harassment Reporting Policies, By Lindsey Ruta Lusk . .14-16 Hey Alexa, Can I Introduce Your Evidence at Trial?, By Alan L. Farkas and Ashley S. -
The Old Capitol As Completed
CHAPTER VI THE OLD CAPITOL AS COMPLETED 1 HE old Capitol was situated in a park of 22 ⁄2 acres [Plate 87], The eastern entrance, according to Mills, had spacious gravel inclosed by an iron railing.1 There were nine entrances to the walks, through a “dense verdant inclosure of beautiful shrubs and trees, grounds, two each from the north and south for carriages, two circumscribed by an iron palisade.” 3 An old print, made from a draw- on the east and three on the west for pedestrians. The western ing by Wm. A. Pratt, a rural architect and surveyor in 1839, gives a Tentrances at the foot of the hill were flanked by two ornamental gate or clear idea of the eastern front of the building and its surroundings at watch houses [Plate 81]. The fence was of iron, taller than the head of this period [Plate 90]. an ordinary man, firmly set in an Aquia Creek sandstone coping, which The old Capitol building covered 67,220 square feet of ground. covered a low wall [Plate 82]. The front was 351 feet 4 inches long. The depth of the wings was 131 On entering the grounds by the western gates, passing by a foun- feet 6 inches; the central eastern projection, including the steps, 86 feet; tain, one ascended two flights of steps to the “Grand Terrace” [Plate 88]. the western projection, 83 feet; the height of wings to the top of Upon the first terrace was the Naval Monument, erected to those balustrade, 70 feet; to top of Dome in center, 145 feet. -
Circuit Circuit
December 2019 Featured In This Issue In Memoriam Randall Crocker, By Jeffrey Cole An Interview with Justice Ruth Bader Ginsburg, By Hon. Elaine Bucklo TheThe A Historic Chief, By Steven J. Dollear An Interview with Judge Charles P. Kocoras, Editor’s Note By Jeffrey Cole A Life Well Lived: An Interview with Justice John Paul Stevens, By Jeffrey Cole and Elaine E. Bucklo CirCircuitcuit Appeals: The Classic Guide, By William Pannill John Paul Stevens: A True Gentleman of Justice, By Rachael D. Wilson Reversing the Magistrate Judge, By Jeffrey Cole Answering the Call, part 2: The Northern District of Illinois’ Rockford Bankruptcy Help Desk, By Laura McNally RiderRiderT HE J OURNALOFTHE S EVENTH In Recognition of Barbara Crabb, Comments By Diane P. Wood C IRCUITIRCUIT B AR A SSOCIATION Around the Circuit, By Collins T. Fitzpatrick J u d g e s The Circuit Rider In This Issue Letter from the President . 1 In Memoriam Randall Crocker, By Jeffrey Cole . 2 An Interview with Justice Ruth Bader Ginsburg, By Hon. Elaine Bucklo . 3-12 A Historic Chief, By Steven J. Dollear . .13-15 An Interview with Judge Charles P. Kocoras, Editor’s Note By Jeffrey Cole . .16-28 A Life Well Lived: An Interview with Justice John Paul Stevens, By Jeffrey Cole and Elaine E. Bucklo . 29-38 Appeals: The Classic Guide, By William Pannill . .39-48 John Paul Stevens: A True Gentleman of Justice, By Rachael D. Wilson . 49-51 Reversing the Magistrate Judge, By Jeffrey Cole . 52-59 Answering the Call, part 2: The Northern District of Illinois’ Rockford Bankruptcy Help Desk, By Laura McNally . -
Capitol Buildings and Grounds
CAPITOL BUILDINGS AND GROUNDS UNITED STATES CAPITOL OVERVIEW OF THE BUILDING AND ITS FUNCTION The United States Capitol is among the most architecturally impressive and symbolically important buildings in the world. It has housed the meeting chambers of the Senate and the House of Representatives for almost two centuries. Begun in 1793, the Capitol has been built, burnt, rebuilt, extended, and restored; today, it stands as a monument not only to its builders but also to the American people and their government. As the focal point of the government's Legislative Branch, the Capitol is the centerpiece of the Capitol Complex, which includes the six principal Congressional office buildings and three Library of Congress buildings constructed on Capitol Hill in the 19th and 20th centuries. In addition to its active use by Congress, the Capitol is a museum of American art and history. Each year, it is visited by an estimated seven to ten million people from around the world. A fine example of 19th-century neoclassical architecture, the Capitol combines function with aesthetics. Its designs derived from ancient Greece and Rome evoke the ideals that guided the Nation's founders as they framed their new republic. As the building was expanded from its original design, harmony with the existing portions was carefully maintained. Today, the Capitol covers a ground area of 175,170 square feet, or about 4 acres, and has a floor area of approximately 161¤2 acres. Its length, from north to south, is 751 feet 4 inches; its greatest width, including approaches, is 350 feet. Its height above the base line on the east front to the top of the Statue of Freedom is 287 feet 51¤2 inches; from the basement floor to the top of the dome is an ascent of 365 steps.