Society wins not only when the guilty are convicted, but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly. Justice William O. Douglas wrote that in the majority opinion in Brady v. Maryland, where the Supreme Court held that the government cannot withhold evidence …more >
This letter to the editor didn’t require much effort on my part. I helped to write it more than 20 years ago. The Sun had run an op-ed on abortion with the standard but misleading right-wing rhetoric. Or as President Obama said of the gun lobby after the background check was defeated, “They willfully lied.” …more >
“Things went very smoothly for the death penalty this session,” a reporter began an interview with me this weekend. `“In retrospect, it seems that way after a bill passes,” I replied, “but along the way many decisions were made that turned out to be right.” I hope that comes as no surprise to …more >
I had my last bill hearing of the session today. I didn’t read my testimony, but it took a minute (It seemed much longer) before I saw that look of recognition on the chair’s face. I had successfully summarized what the bill would do. For my bills that have already passed the Senate, the next …more >
Don’t read your testimony. Know what you’re talking about (Why we need this bill) and don’t worry if you pause or stumble occasionally. That’s better than not making eye contact with the committee members because you’re reading what’s below you on the witness table. I preach that to my law students and follow that …more >
I was ready to quote Justice Scalia liberally. During tonight’s floor debate, one of my colleagues said, “The rights protected by the 2nd Amendment are inalienable. They can’t be restricted by the governor, the legislature, or the courts.” Justice Scalia ruled otherwise in the majority opinion in Heller v. District of Columbia. “Like most rights,” …more >
You win some and you lose some. I’m talking about the Governor’s supplemental budget, not the baseball season. There’s money for expanded services for the mentally ill but no money for the Race to the Tots grant program for pre-Kindergarten classes. Shortly after the Newtown shootings last December, I met with advocates for the mentally …more >
“Is there someone who can make our last pitch to Gov?” I sent that email to a colleague and a lobbyist first thing this morning. We have a bill where the outcome is uncertain, and Governor O’Malley’s support would be very helpful. We quickly decided on who would be the best person …more >
Can a law prefer males over females in the administration of an estate to which they both have equal claims? Bills dealing with trusts and estates are heard by my committee but not this one. Idaho passed such a law in 1864. Ruth Bader Ginsburg was one of the attorneys who successfully argued before the …more >
Time is a very precious commodity, especially during the last two weeks of the legislative session. Today, we held our first hearing on Senate bills. After one senator had testified on his legislation, I asked, “Is your bill identical to the version that has passed the House?” “Yes” was the reply. …more >
