Because there were not looking for evidence of a legislative intent to create a right to judicial review. Your position is thats already there under the apa. Unless there is evidence of a judicial intent, of a congressional intention to preclude judicial review . Thats exactly right. Thats the presumption created by the apa. The way that your honor articulated it is the way the Supreme Court has articulated it time and again. Thats the governments burden to show by clear and convincing evidence that congress intended to preclude our claims, not our burden to demonstrate that congress intended to create them. If i may, ill move on to the merits of our statutory claim. As i said before, our first claim is that section 215 simply does not apply to call records. In the same statute that congress enacted section 215, in 2001, it added a provision to the stored Communications Act prohibiting the government from acquiring phone records. It created i exceptions to that prohibition. But section
Appreciate it more. She kicks off a very special series for us. Here comes the bride. The First Official wedding photo of George Clooney and his wife, amal, released overnight. The story behind the dress, the cake, and the speeches. Today, tuesday, september 3 9 30th, 2014. Announcer from nbc news, this is today with matt lauer and Savannah Guthrie live from studio 1a in rockefeller plaza. And good morning. Welcome to today on a tuesday morning. Im matt lauer, along with tamron hall. Tamron is here while savannah continues on Maternity Leave after her surprise visit yesterday. Yes. Natalie morales and dylan dreyer. Al is on his way to a shine a light destination, a uso show for troops overseas. Well be checking in with him in a little while. Did you see the crowd outside . Yes, i did. Theyre getting ready for Lady Antebellum and their new album. Its nice to see joan lunden here. Our friend is in the studio. She was diagnosed recently with Breast Cancer. Had surgery a week ago today. Sh
Property belonging to the public. And not subject to the particular Decision Making of any particular justice when he or she leaves the court, and when you ask what access means to me, everyone that responded in terms of extreme particularity, i wrote some statistics down. My wifes grandfather was a friend of Justice Douglas and we discovered when he passed away that he had a number of letters from douglas and we were kind of trophy hunting going through the papers and seeing the stuff. So i looked it up online to see what i could find out about the papers of Justice Douglas and where they were. And, of course, you go to the Supreme Court website and immediately send you someplace else because its not the kind of thing that they are collect and gathering, although they should. As you make your way through a number of other websites, i found with great particularity great information about the papers of Justice Douglas, which i will share with you. Theyre at the library of congress. The
Although it is important. I just find that my work both inside and outside of the federal government, you know, going to someone, anyone and saying hey, i would like to place a camera behind you so i can watch and scrutinize everything that you do in realtime tends to be a tough sell. So i tend to lead with more substantial arguments like, this does not reflect on the dignity of your job. So i think those are the three things that matter the most to me around transparency. And why i care about this issue. Good morning. I want to thank gabe for inviting me and tony and dahlia for hosting it. Im excited to be here. My skin in this game is pretty serious. I teach constitutional law at Georgia State in atlanta. Its ironic to me that the Supreme Court might be the least Transparent Court in the United States because at best i am with judge pozner that it is a political court. I in fact dont think its a court at all. To the extent there are transparency issues to begin with judges i dont thi
Thats where you may see an agenda. My question really is, i know in the united eight we have places inre judges are elected. Canada and israel, are there some judges and Court Systems where there is an election . Are you kidding . I remember in judgment at nuremberg there is a scene where Marlena Dietrich is walking with spencer tracy. I love movies. Oscar night for me is a religious night. She said, this is your country . I remember it was so odd the notion that you are directly responsive to the public for the decisions where you have to choose a side that may not be the one giving you the money. Who do you go to for fund raising . Im not saying there are very good judges who are elected. Theory ofg about the an election where you are directly responsible to the majority for decisionmaking. , ifou are doing sentencing you are doing constitutional rights, you are having to decide a minority versus a majority interest, and if you really like hearing a judge and you want to go back for