UPDATED: 01.13.10 @ 5 PM EST -- The Supremes (in a 27 page unsigned opinion -- PDF here) have chosen a technicality to prevent "sunshine" -- at least temporarily. The path they chose to prevent this particular YouTube streaming content will mean that -- once the District Court revises the process by which it allows video-access -- there will be no stopping it.
So, not today -- but soon.
As the trial of a new federal case (which, candidly, is well-off-topic for this blog) gets underway in California federal district court -- to challenge the constitutionality of California Proposition 8 -- a piece of would-be voter-made law that purports to (exclusively) define "marriage" as a union between only one man and only one woman -- I note that the Supremes have just now stayed (or stopped) the trial judge's order allowing video feeds (on YouTube, for example) of the proceedings to be posted on the internet, a few hours after each session.Amendment, First, reads (in pertinent part) the United States "shall make no law. . . abridging the freedom of speech, or of the press. . ."
The Supremes' order, of this morning, then:
. . . .09-A-648
HOLLINGSWORTH, DENNIS, ET AL. V. PERRY, KRISTIN M., ET AL.
Upon consideration of the application for stay presented to Justice Kennedy and by him referred to the Court, it is ordered that the order of the United States District Court for the Northern District of California, case No. 3:09-cv-02292, permitting real-time streaming is stayed except as it permits streaming to other rooms within the confines of the courthouse in which the trial is to be held. Any additional order permitting broadcast of the proceedings is also stayed pending further order of this Court. To permit further consideration in this Court, this order will remain in effect until Wednesday, January 13, 2010, at 4 p.m. eastern time.
Justice Breyer, dissenting.
I agree with the Court that further consideration is warranted, and I am pleased that the stay is time limited. However, I would undertake that consideration without a temporary stay in place. This stay prohibits the transmission of proceedings to other federal courthouses. In my view, the Court’s standard for granting a stay is not met. See Conkright v. Frommert, 556 U. S. ___, ___ (2009) (slip op., at 1–2) (Ginsburg, J., in chambers). In particular, the papers filed, in my view, do not show a likelihood of “irreparable harm.”
With respect, I dissent. . . .
It is good news that the Supremes will likely resolve their quandry by Wednesday -- but what part of "shall make no law" seems unclear, here? Is it possible that the Court knows this trial -- in nearly-live streaming video on You Tube -- will make plain what many of us already know -- that "equal protection of law" means exactly what it says -- on its face?
UPDATED: 01.13.10 @ 5 PM EST -- The Supremes (in a 27 page unsigned opinion -- PDF here) have chosen a technicality to prevent "sunshine" -- at least temporarily. The path they chose to prevent this particular YouTube streaming content will mean that -- once the District Court revises the process by which it allows video-access -- there will be no stopping it.
So, not today -- but soon.
Namaste
8 comments:
Re: Sunshine
See http://www.fda.gov/NewsEvents/ucm196493.htm
Webinar with Bloggers: New FDA Basics Web Resource
Do you and your readership have questions for the U.S. Food and Drug Administration (FDA)?
The FDA is pleased to announce the availability of a new Web resource, FDA Basics, which answers your questions and discusses other important public health topics in a useful and user-friendly format.
The tool answers questions such as:
• How and where do I find out if a drug is approved for use?
• When can I be sure that it is okay to buy previously recalled foods when they are back on the shelf?
• How do I know if I’m eligible to donate blood?
On Tuesday, January 12, at 4 p.m. ET, the FDA will host a webinar for bloggers interested in health-related topics. The featured speaker, Dr. Joshua Sharfstein, Principal Deputy Commissioner of the FDA, will showcase the new tool, discuss opportunities for the public to submit questions to FDA, and outline FDA efforts to enhance transparency across the agency. After the presentation, there will be an opportunity to ask questions or offer feedback.
To join:
Phone number: 888-950-5930
Passcode: 8068554
Web address: https://collaboration.fda.gov/fdabasics/
Please log-in as a guest.
We will be using the Twitter hashtag #FDABasics if you’d like to tweet about or follow the webinar on Twitter.
This webinar is open to the first 100 attendees who sign in to the meeting URL, and the phone portion is currently only available for participants in the U.S. We apologize for any inconvenience.
In order to view the webinar, Adobe Flash 8.0 or newer must be installed. Download the latest version of Adobe Flash: http://get.adobe.com/flashplayer/
Salmon
P.S.
Great sunshine from FDA.
This is for tomorrow yet notice at the bottom of the page on the FDA site that it was only posted today.
Salmon
Getting back to our riason d'tere.
It's interesting you raise the issue of "equal protection of law" as well as the constitution. As I recall equal protection is explicitly mentioned in the 14th amendment, i.e.
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
It seems to me that we have enormous problems with both of these with respect to drugs and in particular with antipsychotic drugs such as asenapine.
First with respect to drug approvals that there's little in the way of equal protection for citizens from abuses by the FDA. For example in most areas of drug approvals patients are heard and have a nominal say, yet with psychiatric drugs patients are never represented on the AC committees instead it's family members. Family members often have biases and interests at odds with the patients themselves. Plus there are many educated articulate individuals who have suffered from severe mental illnesses such as bipolar disorder who have recovered and are able to give careful and nuanced thought to the issues. One individual who comes to mind is Jim Gottstein a Harvard trained attorney who is the founder of Psychrights.
This allows me to segway into my second point of state imposed deprivation of liberty without due process. This is Psychrights riason d'tere. Jim has been successful in documenting that it's common and even advocated by certain nonprofits (i.e. the Treatment Advocacy Center) that psychiatrists lie in legal proceedings in order to commit patients and forcably medicate them.
Unfortunately, we are moving towards using these medications more and more in younger and younger children. Plus Merck now has a sublingual formulation (asenapine - Saphis) that will especially used in these situations.
It's not only this but what happens in the future. If someone is diagnosed at any time in their life as severely mentally ill (i.e. pediatric bipolar) even if it's a really a situational reaction (e.g. foster care). Then it becomes so much easier for anyone (a boss, the gov't) to invoke this diagnosis to deny these individuals their rights at some later date if they want to.
In fact we often see this with the safety of these medications. Anyone who tries to raise a rational and thoughtful concern about the safety or excessive use of these medications is often attacked and harassed by the pharmaceutical company in order to elicit a response and protect their franchise. In fact we've apparently seen it in the past on Pharmalot with some of the baiting of Lisa Von Syckel.
Salmon
Salmon;
The "market" is dealing with asenapine. As of December, Merck cannot even repay the cost of the launch press release with the little number of scripts that have been written. No one is using it.
YOu all make me smile. Thanks for sharing the SUNSHINE with me today. I will be patient and see what comes of all of this ... keep posting please - your information is quite valuable.
Hi There I'm just dropping in to say hi and introduce myself! Im a computer nerd that came upon this forum and hope to become an active member soon! So if you have any computer questions feel free to ask. Otherwise see you all on the boards.
Hello All, Pais Casino is up! Want to Gambling online with us ? join our website:
http://www.paiscasino.com
We Know How To Make You Rich!
Earn Fast / Easy Money! Start Work From your HOME!
Good Day im new to this, I came upon this chat board I have found It incredibly helpful & its helped me out so much. I should be able to give something back & assist other people like its helped me.
Thanks, Catch You Later.
Post a Comment