Environment & Energy
Related: About this forumJudges Rule in Favor of Japanese Whalers – But Are They Impartial?
2/27/13 A US federal court has ordered the Sea Shepherd Conservation Society to cease interfering with the Japanese whaling at sea, making it possible for for Japanese whalers to continue legal action in the United States against the activists. The judges overturned the December 17, 2012 ruling by a district judge who had ruled that the piracy claim brought by the Japanese was unfounded. But are these judges unbiased?
Chief judge Alex Kozinski wrote that you dont need a peg leg or an eye patch to be classified as pirates and called the Sea Shepherd founder, Paul Watson, eccentric yet he has admitted to posting pornographic material on his website.
The other two judges who ruled on this case are Judge Atsushi Wallace Tashima (born 1934) the third Asian American and first Japanese American in the history of the United States to be appointed to a United States Court of Appeals, and conservation conservative Judge Milan Smith Jr., who dissented on the need to use a different circuit judge but concurred on all other points.
Absolutely shocking is the vitriolic nature of chief judge Kozinskis written explanation of the ruling , in which he questions the impartiality of the district judge who dismissed Japans case last year). Kozinski writes:
more
http://blog.seattlepi.com/candacewhiting/2013/02/27/judges-rule-in-favor-of-japanese-whalers-but-are-they-impartial/
Judge sounds like someone from the Scalia/Thomas school of justice....
CBGLuthier
(12,723 posts)How progressive of them to say so.
Niceguy1
(2,467 posts)Race is everything ... Everything that happens is viewed though that prism which gives a skewed view of reality.
ProgressiveProfessor
(22,144 posts)These are also not new ones created for that purpose. LOS has a long history
FBaggins
(26,748 posts)The only real issue is whether or not a US court has any jurrisdiction (or ability to enforce).
The facts of the case are pretty clear cut.
ProgressiveProfessor
(22,144 posts)There are international treaties which allow/support the enforcement of judgements. If Watson loses, the Japanese will start to go after assets worldwide including contributions and ships.
ProgressiveProfessor
(22,144 posts)Couple of other related threads that might be of interest
http://www.democraticunderground.com/1014409354
http://www.democraticunderground.com/10022433686
The smack down of the trial judge unusual, but when you get all three judges of the most liberal circuit in the US in a unanimous decision to reverse the trial judge, its a clue. The order to remove the trial judge, while not unprecedented, is quite rare.
If one reads the relevant parts of the decision posted in one of the other threads, it is pretty much black letter law. What many do not realize it forms the basis for additional civil litigation. If the ruling is upheld, Japan will use it to gnaw away at SSCS assets in US courts. Ships could be impounded and contributions seized. There are treaties that support enforcement of judgements world wide. Watson should be as concerned about this as he was about that reused prop fouler a few seasons back. It could beach him for good.
happyslug
(14,779 posts)Previous thread on this subject, used a different news source, but same subject:
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=409354
Nihil
(13,508 posts)... this time with yet another smear at conservationists being "racists" ... SSDD ...