Randuwa II: September 2023

Saturday, September 30, 2023

U.S. Sixth Circuit Appellate Courts of the Federal Judiciary

A three judge panel of the Sixth Circuit Federal Appeals Court landed a decision this week that takes control away from Parents' right to determine their children's medical care. You would think that on its face this is a red meat, red flag for the Individualist, Boot-strap pulling, Anti-government overreach ethos of the Republican Party. It's certainly classic Republican dogma; however, the specific issue regards the gender of the children. This is something that apparently conservative, religious bigots feel they understand better than either the parents of the children in question, or their highly trained professional medical support staff (Doctors, Surgeons, Psychologists, that ilk). Morality that cherry-picks a "holy book" (any "holy" book/text) is anything but moral.

This got me thinking, how much do most people even understand how the Federal Appeals Courts work? I think not many So lets take on the Sixth Circuit and tear it down to its most basic bones. I will do this by asking and answering a set of simple questions. And were applicable reference the recent case that started this line of reasoning.

What is the Sixth Circuit?

The six Circuit is one of 13 Federal Court clusters that are divided into District and Appellate courts for the purpose of adjudicating conflicts with a bearing on Federal Laws and the United States Constitution. It's decisions are review-able by the U.S. Supreme Court, the Court of Last Resorts. They may be affirmed or struck down by the Supreme Court. District courts are were most cases begin. After a decision is rendered, of the loosing side feels they have just cause to request a review, they appeal the decision to the Appellate Court. Each circuit has many Districts within it's boundaries, but only one Appeals Court.

Is there one Appeals Court house for each Circuit?

No. Appellate Judges have chambers in various courthouses throughout the Circuit, most are part of District Court buildings, however, some Appeals Court judges--usually those who have semi-retired into what is called "Senior" status--set up chambers in spaces more convenient to the physical needs and limitations.

Do all Circuits have the same number of Appellate Judges?

No. The numbers vary widely. The First Circuit Appeals Court has 6 Judges, while the Ninth Circuit has 28! The number depends on historical precedence, case-load, number of subordinate District Courts, etc. The number of judges is set using a formula that takes a range of such factors into consideration.

Each judge occupies a "seat". Seats change both by adding more and taken existing seats away. When a Circuit looses a seat, it only does so after the sitting judge takes Senior Status, Retires, Resigns, or Dies.

How does an Appellate Court Judge get their job?

By Constitutional design, they are nominated by the sitting President, and then Confirmed by a simple majority of the U.S. Senate. They may maintain their seat on the court as long as want to. There is no mandatory retirement age; however, there is a formula for assuming a Senior Status which allows the judge to be fully vetted in the retirement system of the courts and continue to serve part-time while accruing additional retirement benefits.

How is the Appellate Court Governed?

Each court, both Appellate and District have a Chief Judge. They also have various committees and other structures to manage internal decisions and conflict. The position of Chief Judge is not a political choice. Rather, it is determine by a formula that involves the ages of all of the active judges occupying one of the appoint full-time seats. At the time a vacancy happens, the role is offered to the judge within the court who is closest to 65 years of age without going over 65. Judges who are 66 and older are not allowed to hold the position unless there is no one younger who is available or able to hold the position. The term of Chief Justice lasts for seven years, and carries very little actual authority. The seat of the Chief Justice remains in the city of their current seat, so the placement throughout the Circuit of the Chief Judges changes with the Judge.

Applying these ideas to the Sixth Circuit

The Sixth Circuit covers 4 states that are subdivided geographically into 9 Districts. The number of Full Time Seats in the Sixth Circuit Appeals Court is Sixteen. All are presently filled. There are Fourteen Judges working part time in Senior Status; however, one of these judges is presently "inactive". This is a polite way of saying they are "Dianne Feinstein-ing"--biding their time until death makes the decision to leave for them.

Specifically, the states and courthouses are:

MICHIGAN

Detroit
Ann Arbor
Lansing
Traverse City

OHIO

Columbus
Cleveland
Cincinnati
Akron
Medina

KENTUCKY

Louisville
Lexington
Covington
London

TENNESSEE

Memphis
Nashville

Now, let us apply the specifics of the Federal Judicial Judges who actually occupy the Active and Senior Status Seats throughout the Circuit. I will identify the Justice by name, include their status, age, and President who nominated them.

MICHIGAN

Detroit

Justice Eric L. Clay, 75 - Clinton; 26 years of service
Justice Stephanie D. Davis, 56 - Biden; 2 years of service

Senior Justice Helene White, 69 - GWBush; 15 years of service

Ann Arbor

Justice Raymond Kethledge, 57 - GWBush; 15 years of service
Justice Joan Larsen, 55 - Trump; 6 years of service

Senior Justice Ralph B. Guy Jr., 94 - Reagan; 38 years of service

Lansing

Senior Justice Richard F. Suhrheinrich, 87 - GHWBush; 33 years of service
Senior Justice David McKeague, 77 - GWBush; 18 years of service

Traverse City

Justice Richard Allen Griffin, 61 - GWBush; 18 years of service

OHIO

Columbus

Chief Justice Jeffrey Sutton, 63 - GWBush; 20 years of service
Justice Chad Readler, 52 - Trump; 4 years of service
Justice Eric E. Murphy, 44 - Trump; 4 years of service
Justice Rachel Bloomekatz, 41 - Biden; <1 year of service

Senior Justice Allen Eugene Norris, 88 - Reagan; 37 years of service
Senior Justice R. Guy Cole Jr., 72 - Clinton; 28 years of service

Cleveland

Justice Karen Nelson Moore, 77 - Clinton; 28 years of service

Cincinnati

Justice John Nalbandian, 54 - Trump; 5 years of service

Akron

Senior Justice Deborah L. Cook, 71 - GWBush; 20 years of service

Medina

Senior Justice Alice M. Batchelder, 79 - GHWBush; 32 years of service

KENTUCKY

Louisville

Justice John K. Bush, 49 - Trump; 6 years of service

Senior Justice Danny Julian Boggs, 79 - Reagan; 35 years of service

Lexington

Senior Justice John M. Rogers, 75 - GWBush; 21 years of service

Covington

Justice Amul Thapar, 54 - Trump; 6 years of service

London

Senior Justice Eugene Edward Siler Jr, 87 - GHWBush; 31 years of service

TENNESSEE

Memphis

Justice Julia Smith Gibbons, 73 - GWBush; 21 years of service
Justice Andre Mathis, 43 - Biden; 1 year of experience

Senior Justice Ronald Lee Gilman, 81 - Clinton; 26 years of service

Nashville

Justice Jane Branstretter Stranch, 70 - Obama; 13 years of service

Senior Justice Martha Craig Daughtrey, 81 - Clinton; 30 years of service

When an appeal comes before the Appeals Court, do all of the Judges participate in the opinion?

No. The appeal is heard by a panel of 3 judges that are randomly chosen from the available pool. Sometimes, the Chief Justice may intervene to include themselves on the panel, as in this case. It's one of the few significant powers a Chief Justice has.

And that's is how this case was was decided at the appeals level by these judges:

Chief Justice Jeffrey Sutton, 63 - GWBush; 20 years of service
Justice Amul Thapar, 54 - Trump; 6 years of service
Senior Justice Helene White, 69 - GWBush; 15 years of service

Justices Sutton and Thapar voted for discrimination, and Justice White voted against it. The majority prevailed. All three were appointed by Republican Presidents.

This is how the sausage is made.

Baltimore Center Stage: Lady Day at Emerson's Bar and Grill

If it were easy to sing like Billy Holiday, then everyone would do it. I can only think of two people who have the chops: Madeleine Peyroux and David Sidaris. Madeleine's sound is genetic and David's comic genius. As talented as Tanea Renee is, wondered what direction she would given by first time director Nikkole Salter. What actualized was a moderately idiosyncratic vocalization with hints of true Holiday popping up now and then and a whole lot of suspension of disbelief for the rest.

Now, allow me to expand in two directions. First, it's fundamentally a one-woman show about the tragic parts of Holiday's life told as she is performing an iconic show months away from her death while unraveling on a steady flow of hard liquor with a cocaine chaser. But it is also a cabaret performance, and between dark reminiscences, she sings. SO my critique of Renee's voice is only in relationship to the real deal. Second, what Renee has is a beautiful voice capable of demonstrating a range of emotions and worthy of everyone's admiration on its own. I enjoyed it very much, it just wasn't Holiday's.

As to the rest of the performance, Renee, engaged with the audience personally with a depth of empathy for her character that was effecting. She deserved the standing ovation generously offered. The other members of cast formed a jazz trio. Each man had a moment or two to shine on their instrument. The pianist, Jimmy, played by Terry Brewer was especially talented and a joy to listen to. The selection of songs included were of her lesser well known works minus "God Bless the Child," and "Strange Fruit." It made me dig deeper into my collection of her music past the Verve American Songbook stuff to earlier recordings to find some of the other songs.

The set was made to resemble the stage jutting out into the table seating of a nightclub, with patrons occupying the seats and become part of the show when Tanea Renee brought Lady Day into the "audience" to schmooze as she sang. The production was set in the fourth floor Head Theatre with a max capacity of 350, and about 325 in the way it was reconfigured for this production. It was my first play to see in that space, as opposed to the main theatre with its nearly 550 seat capacity. It was, of course, an excellent choice, and due to popular demand the play has been extended by another 8 performances through October 8th.

It's a great show, presented in a beautifully detailed and intimate setting with extremely talented actors and musicians.

Tanea Renee as the incomparable Lady Day

Terry Brewer as her accompanist, Jimmy, and leader of the Jazz Trio

On Bass, Eliot Seppa, and on Drums, Francis Carroll

Wednesday, September 27, 2023

Sweet Home Alabama...

The Republican dominated legislature used the 2020 census to create a blatantly White Supremacist Congressional map for the Federal House of Representatives, and then dared the U.S. Supreme Court to declare it unconstitutional. Twice!

And to the surprise of many a court watcher, the newly Republican biased Supreme Court said, "Y'all, this a one burning cross too far. No." Twice!

So now the Rethuglicans in the Alabama legislature no longer hold any cards in this gambit to keep power in a most conniving and undemocratic manner. It is up to the judge who found their shenanigans unconstitutional in the first...and second, places to restore a modicum of justice for all the people of Alabama. And here are his choices as drawn up by a pair of special masters. Which one would you choose?

For my money, not knowing crap about the on the ground details, I am inclined to choose bachelor number two. It seems to break up the fewest county-level political entities and so feels the most compact.

Of the new map, no consideration appears to have been given to the existing residences of the current congressional delegation. But most appear to be safe.

Dale Strong lives in Huntsville, still the heart of the 5th district
Robert Aderholt lives in Haleyville on the border between Marion and Winston counties, both still in the 4th district
Mike D. Rogers lives in Weaver in central Calhoun county, now even deeper into the 3rd district with the pick-up of Etowah County from the old 4th.
Terri Sewell, who calls Selma home either is or isn't safe depending upon where in Hoover here college Gary Palmer lives. But even if there is race between the two, it's seems like a very good bet that Sewell keeps her seat.
Gary Palmer's fate would seem to depend on whether he lives in Jefferson County or Shelby County as Hoover looks a little like a Roshach ink blot created by folding the two together on their shared county lines. In the old congressional map, the southern most areas of Jefferson county were carved into the 6th district, which leads one to wonder, since I've seen proposed maps with the hometowns of the representatives highlighted in black which makes me think that this sort of thing was taken into consideration.
Jerry L. Carl who lives in Mobile remains within the bounds of the 1st district; however,...
Barry Moore who lives in Enterprise is now resident in the eastern realms of the new 1st district. Unless Moore moves to Montgomery, or Troy or Eufaula, and presuming that he wants to maintain is place in the seat of power, there will be a run-off in his future.

And so the new 2nd district is presently Representative free. It is also the second African American majority district which fulfills the requirements of the Federal Court decree.

Looking ahead, the self-same court cases of violating the bare bones remains of the Congressional Voting Rights Act are working their way through the courts in Louisiana, Florida, and South Carolina. North Carolina's Republic Legislature is poised to go in the same direction, but this ruling will surely give them pause. I don't think it will stop them, but perhaps it will mitigate their darkest angels' schemes. Similar cases are brewing in Texas, and in New York their 2020 congressional map which ended up favoring Republicans has been ordered redrawn for violating comparable aspects of the New York State Constitution.

We live in interesting times.

National Building Museum, Brick City, part 4

The architect's original concept drawing.

The piece de resistance is simply one magnificent construction. It recreates in stunning detail and LOGO glory the St. Pancras Renaissance London Hotel and the adjoining St. Pancras British Rail Station. The original building, constructed in from of the rail line terminus, was a 300 room Grand Midland Hotel. Opened in 1873, prior to full completion in 1876 it was the grandest of Hotels facing the newest rail station. Its grandeur survived the turn of the century and first world war; however, the of the war saw a period where staffing expenses and building maintenance began to erode at her profitability until finally in 1935, the Grand Midland Hotel ceased to operate. Its space was used to house some of the offices of the British Railways.

Turn of the century image of
The Grand Midland Hotel

Considered a relic from a bygone era, the railway made plans to raise it. In the 1960's the plans to tear it down met resistance from Victorian preservationists, and in 1967 it received a reprieve from the wrecking ball, but not the continued ravages of time. in the 1980's the building failed safety inspections and was abandoned. It took 10 more years to start the renovation process, and then at a cost at the time of about 12 million dollars, only the exterior's issues were addressed and shored up.

Finally, in 2004 permission was given to redevelop the building into a new hotel. The project took over seven years and included a renovation of the rail station, as well. So today it is a vibrant commercial and residential complex with 244 hotel rooms, 2 bars, 2 restaurants, a health spa, meeting spaces, and perhaps most interesting of all 68 loft style apartments on the upper roof level floor.

I found the history of the actual building nearly as fascinating at the LEGO model itself. Nearly...enjoy!

Group photo for a school group! Love the details.

Swimmers in the new hotel's health spa

Now, from the other side with an un-open facade.

Tuesday, September 26, 2023

National Building Museum: Brick City, part 3

These are some of the models scaled to the mini level at the Brick City exhibition at the Smithsonian National Building Museum here in DC. You'll see the difference immediately.