Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

n2doc

(47,953 posts)
Thu Feb 28, 2013, 10:34 AM Feb 2013

Judges 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 don’t 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 Kozinski‘s written explanation of the ruling , in which he questions the impartiality of the district judge who dismissed Japan’s case last year). Kozinski writes:

“The district judge’s numerous, serious and obvious errors identified in our opinion raise doubts as to whether he will be perceived as impartial in presiding over this high-profile case. The appearance of justice would be served if the case were transferred to another district judge, drawn at random, and we so order in accordance with the standing orders of the Western District of Washington. The panel retains jurisdiction over any further appeals or writs involving this case”. (The 18 page document can be found here).



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....
8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judges Rule in Favor of Japanese Whalers – But Are They Impartial? (Original Post) n2doc Feb 2013 OP
Souinds like some racists are saying a judge of japanese descent can not be trusted. CBGLuthier Feb 2013 #1
For some people Niceguy1 Feb 2013 #2
They can't argue the law...its black letter against Watson ProgressiveProfessor Feb 2013 #6
Not much of a surprise FBaggins Feb 2013 #3
If this is upheld, they certainly will ProgressiveProfessor Feb 2013 #5
The blogger is reaching ProgressiveProfessor Feb 2013 #4
Duplicate subject matter from Wednesday happyslug Feb 2013 #7
Yes but it gives the usual pro-authoritarian posters the chance to get another dig in ... Nihil Mar 2013 #8

CBGLuthier

(12,723 posts)
1. Souinds like some racists are saying a judge of japanese descent can not be trusted.
Thu Feb 28, 2013, 10:37 AM
Feb 2013

How progressive of them to say so.

Niceguy1

(2,467 posts)
2. For some people
Thu Feb 28, 2013, 11:01 AM
Feb 2013

Race is everything ... Everything that happens is viewed though that prism which gives a skewed view of reality.

ProgressiveProfessor

(22,144 posts)
6. They can't argue the law...its black letter against Watson
Thu Feb 28, 2013, 11:56 AM
Feb 2013

These are also not new ones created for that purpose. LOS has a long history

FBaggins

(26,748 posts)
3. Not much of a surprise
Thu Feb 28, 2013, 11:15 AM
Feb 2013

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)
5. If this is upheld, they certainly will
Thu Feb 28, 2013, 11:55 AM
Feb 2013

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)
4. The blogger is reaching
Thu Feb 28, 2013, 11:53 AM
Feb 2013

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.

 

Nihil

(13,508 posts)
8. Yes but it gives the usual pro-authoritarian posters the chance to get another dig in ...
Fri Mar 1, 2013, 05:55 AM
Mar 2013

... this time with yet another smear at conservationists being "racists" ... SSDD ...

Latest Discussions»Issue Forums»Environment & Energy»Judges Rule in Favor of J...