SCOTUS …. still at work


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This week at the Court

By on Oct 6, 2013 at 12:03 am

Monday is the first day of the 2013 Term. We expect orders – primarily cert.  denials from the September 30 Conference – at 9:30 a.m.

The Justices will hear two oral arguments each day, Monday through Wednesday.

The hearing list for the October sitting is here.

On Friday the Justices will meet for their October 11 Conference.

Our list of “Petitions to watch” for that Conference will be available soon.

Argument preview: Campaign finance — again

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By on Oct 5, 2013 at 12:11 am

At 10 a.m. Tuesday, the Supreme Court will hold one hour of oral argument on the latest constitutional dispute over campaign finance — this time, the constitutionality of federal ceilings on donations to political candidates or parties.  In the case of McCutcheon v. Federal Election Commission, arguing for Alabama Republican donor Shaun McCutcheon and the Republican National Committee will be Erin E. Murphy of the Washington law firm of Bancroft PLLC, with twenty minutes of time.  Arguing for Republican Senator Mitch McConnell of Kentucky — in the case as an amicus — will be Bobby R. Burchfield of the Washington law firm of McDermott Will & Emery, with ten minutes.  Representing the FEC, with thirty minutes, will be U.S. Solicitor General Donald B. Verrilli, Jr.

It has been nearly four years since the Supreme Court set off a constitutional revolution in the financing of federal elections, in Citizens United v. FEC, and the controversy it stirred up still has not lost its fury.  The Court, however, is ready to consider extending that revolution by, perhaps, casting aside a constitutional formula it has used repeatedly in this field for more than four decades to curb campaign donations.

The formula, put simply, is that those who contribute money to candidates or political committees get less protection for their activity than those who spend money directly to try to influence election outcomes.   The Court is being asked to give donors the same full protection that spenders get under the First Amendment.  In short, the Justices have a chance to reexamine the core of the landmark 1976 ruling in Buckley v. Valeo.

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My son is trapped in prison


Please Grant Ryan Ferguson a New Trial or Freedom!

By Bill Ferguson
Oswego, Illinois

Why My Son Ryan Ferguson Should Be Granted A New Trial

My son Ryan Ferguson was convicted in 2005 for the 2001 murder of Columbia Daily Tribune sports editor Kent Heitholt. Ryan was convicted solely on the testimony of two witnesses. Both of those witnesses have since given written affidavits that their testimonies during the original trial were false. That leaves zero evidence against my son. No witnesses, no physical evidence, no DNA, no motive, in fact nothing tying him to the crime. Yet my son is currently serving a 40-year sentence for a crime he had no part in.

The fact is Ryan should never have been convicted in the first place, because the main witness in his case was never credible. The jury simply believed Chuck Erickson’s story.

Ryan and Chuck were Rock Bridge High School juniors who snuck into a bar on Halloween night 2001 and left sometime around 1:15 a.m. Ryan said he drove his friend Chuck home, then came home himself. He has never wavered from his account.

Years later Chuck – who is a troubled young man – told friends that he had ‘dreams’ about the murder. He said he initially repressed his memory of the killing but began to recall details two years later after reading news reports of the crime. Details emerged in his ‘dreams’, he claimed. He called the encounter a botched robbery hatched when he and Ryan ran out of money and wanted to keep drinking.

The police brought Chuck in for questioning after hearing about his stories. In the interrogation tapes – available online – it is clear that Chuck knows very little about the case and admits he doesn’t even know if he was there. But the police feed him key information about the murder and pressure him into confessing and implicating Ryan in the murder. There was never any physical evidence against either of them. My son Ryan had never been in any trouble with the law before this point and had no connection to the victim Kent Heitholt.

The second ‘witness’, janitor Jerry Trump, originally told friends he could not identify who he saw near the body. But during a 2005 trial he positively identified Ryan and my son was sentenced to spend the majority of his adult life behind bars.

Both Erickson and Trump now claim they were coerced into modifying their statements in favor of the prosecution of my son. Chuck blames Columbia Police interrogators for not delving into inconsistencies in his story, and Trump said Prosecutor Kevin Crane told him that it would be “helpful to him” if Trump could identify Ryan as one of the men at the crime scene. The prosecution also withheld key information that could have helped prove my son’s innocence, including further witnesses who state that Ryan wasn’t at the scene.

We now know that both key witnesses gave false testimonies. In light of these significant changes in eyewitness testimony and the lack of ANY evidence implicating Ryan, it is clear that my son deserves a new trial.

Ryan’s case has been covered extensively on NBC Dateline, CBS 48 Hours Mystery, and numerous TV news reports and magazine and newspaper articles. His story has touched millions of people across America – and the world. It has become clear to many people that Ryan has been betrayed by the Missouri justice system and deserves another shot at justice.

I ask you to please sign this petition to demand that my son Ryan be granted a new trial and the chance to rebuild his life…

Thank you,

Bill Ferguson

the Senate ~~ CONGRESS 10/7 ~~ the House


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The Senate stands adjourned until 2:00pm on Monday, October 7, 2013.

Following any Leader remarks, the Senate will be in a period of morning business for debate only until 5:00pm with Senators permitted to speak therein for up to 10 minutes each.

At 5:00pm, the Senate will proceed to Executive Session to consider the following:

–          Executive Calendar #204, the nomination of Colin Stirling Bruce, of Illinois, to be United States District Judge for the Central District of Illinois and

–          Executive Calendar #205, the nomination of Sara Lee Ellis, of Illinois, to be United States District Judge for the Northern District of Illinois.

There will be up to 30 minutes of debate equally divided and controlled in the usual form.  Upon the use or yielding back of time, the Senate will vote on confirmation of the nominations.

One roll call vote is expected and one voice vote is expected

If all time is used at approximately 5:30pm, the Senate will proceed to a roll call vote on confirmation of Executive Calendar #204, the nomination of Colin Stirling Bruce, of Illinois, to be United States District Judge for the Central District of Illinois. We expect to confirm Calendar #205, the nomination of Sara Lee Ellis, of Illinois, to be United States District Judge for the Northern District of Illinois, by a voice vote.

5:30pm the Senate began a 15 minute roll call vote on confirmation of Executive Calendar #204, the nomination of Colin Stirling Bruce, of Illinois, to be United States District Judge for the Central District of Illinois;

Confirmed: 96-0

Calendar #205, the nomination of Sara Lee Ellis, of Illinois, to be United States District Judge for the Northern District of Illinois was Confirmed by voice vote

The Senate is in a period of morning business for debate only until 7:30pm.

There will be no further roll call votes tonight.

WRAP UP

ROLL CALL VOTE

1)      Confirmation of Executive Calendar #204, the nomination of Colin Stirling Bruce, of Illinois, to be United States District Judge for the Central District of Illinois; Confirmed: 96-0

LEGISLATIVE ITEMS

Completed the Rule 14 process of:

–          H.J.Res.75, making continuing appropriations for the Special Supplemental Nutrition Program for Women, Infants, and Children for fiscal year 2014, and for other purposes;

–          H.J.Res.85, making continuing appropriations for the Federal Emergency Management Agency for fiscal year 2014, and for other purposes; and

–          H.R.3223, to provide for the compensation of furloughed Federal employees.

EXECUTIVE ITEMS

Confirmed Executive Calendar #205, the nomination of Sara Lee Ellis, of Illinois, to be United States District Judge for the Northern District of Illinois by voice vote.

By unanimous consent, the nomination of Arun Madhavan Kumar, of California, to be Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, received in the Senate on October 7, 2013, will be jointly referred to the Committee on Banking, Housing and Urban Affairs and Committee on Commerce, Science, and Transportation.

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Last Floor Action: 10/5
1:53:38 P.M. – The House adjourned.

The next meeting is scheduled for 12:00 p.m. on October 7, 2013.

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the Senate ~~ CONGRESS 10/05 ~~ the House


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The Senate stands in adjournment until 12:00pm on Saturday, October 5, 2013.

Following any Leader remarks, the Senate will be in a period of morning business for debate only until 4:00pm with Senators permitted to speak therein for up to 10 minutes each.

Wrap UP

No ROLL CALL VOTES

LEGISLATIVE ITEMS

Completed the Rule 14 process of:

–          H.R.3230, making continuing appropriations during a government shutdown to provide pay and allowances to members of the reserve components of the Armed Forces who perform inactive-duty training during such period and

–          H.J.Res.72, making continuing appropriations for veterans benefits for fiscal year 2014, and for other purposes.

Began the Rule 14 process of:

–          H.J.Res.75, making continuing appropriations for the Special Supplemental Nutrition Program for Women, Infants, and Children for fiscal year 2014, and for other purposes.

–          H.J.Res.85, making continuing appropriations for the Federal Emergency Management Agency for fiscal year 2014, and for other purposes and

–          H.R.3223, to provide for the compensation of furloughed Federal employees.

At a time to be determined by the Majority Leader with the concurrence of the Republican Leader, the Senate will consider the following nominations:

–          Executive Calendar #206, the nomination of Andrea R. Wood, of Illinois, to be United States District Judge for the Northern District of Illinois; and

–          Executive Calendar #207, the nomination of Madeline Hughes Haikala, of Alabama, to be United States District Judge for the Northern District of Alabama.

There will be 30 minutes for debate in the usual form prior to votes on confirmation of the nominations.

 

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Last Floor Action:
1:53:38 P.M. – The House adjourned. 10/05

The next meeting is scheduled for 12:00 p.m. on October 7, 2013.

House Floor Activities
Legislative Day of October 05, 2013

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