Affirmative Action and the Court

Mark Rubin

I don’t get angry often. No, really, I don’t. Pissed and quick-triggered, sure, but really angry. Nah!

On January 26, word slipped that Associate Justice Stephen Breyer intended to retire. The following day, Justice Breyer notified the president that he will leave the Court at the end of the 2022 Term. Of course, his departure assumes a successor gets nominated and confirmed.

Then former Vice President Joe Biden told us he would nominate a Black woman to the Supreme Court if we picked him. We did. He will.

Of course, confirming those intentions brought out the naysayers. I like, best, Senator Roger Wicker, (R – Miss.), who said, on January 28: ‘The

The U.S. Supreme Court and COVID: Depressing

Mark Rubin

The Supreme Court and COVID: Depressing

Let’s be clear: the U.S. Supreme Court has not ruled in NFIB v. OSHA, No. 21A244 and Biden v. Missouri, No. 21A240. Pigs might fly, too – like the one who lives in the wooden frame on the wall in my family room – and and the Court might uphold the OSHA and Centers for Medicare and Medicaid Services regulations. (Leigh’s known the pig longer than I have – polite-speak for, It’s hers – and she assures me, from time to time, that it’s not a photo.)

The NFIB Case

The NFIB case involves an OSHA regulations that requires vaccines or a masks

We’ve moved! Rubin & Bernstein PLLC and Southern Arizona Fiduciary Services LLC reside at 1004 N. 6^th Ave. in Tucson. (85705, for mailers.) We’re still getting settled, but we’re in.

The move and this fall have brought a heightened awareness of our failings as a nation. No, I am not discussing the crew who diss the vaccine and the fact that President Joe Biden has not brought the virus to heal. (That Venn diagram looks like one circle.) Or the inflation, seemingly generated by too many dollars chasing goods we can’t get to market because of supply chain upheaval and a whole lot of people who’ve stopped working for substandard wages. Etc.

No, I write about basic stuff.

The Big Case Fallacy

President Donald Trump

Donald J. Trump offered these words after the U.S. Supreme Court issued its three-sentence long Order in Pending Case on December 11, 2020:

This is a great and disgraceful miscarriage of justice. The people of the United States were cheated, and our Country disgraced. Never even given our day in Court!

“Never even given our day in Court!” Wow! Mr. Trump and those who share his perspective on the election have been heard in state and federal trial and appellate courts more than 50 times. I believe he obtained an order, granting observers from both parties the right to stand closer to the counting. Otherwise, I think he and his have lost in

What’s the Point? DJT and the Post-Election Nonsense

President Donald J. Trump

Just shy of four weeks after Election Day 2020, we still have lawyers throwing crap on the wall, hoping something will stick. The latest? On Saturday, the Pennsylvania Supreme Court, unanimously, told an R Congressman to go pound sand when he tried to void the 2020 election, claiming voting by mail violates the Pennsylvania Constitution. This decision followed, by a day, the ruling from the U.S. Court of Appeals for the Third Circuit. That court upheld a District Court decision, in which Terrible Lawyer Rudolph Giuliani acknowledged the absence of fraud but wanted the court to toss all of the ballots, at least to the extent by