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C1 Business Digest C1 World Business W1 OBITUARIES A23 EDITORIAL D1-7 EdiTheials: The new airport profiling; slow-motion justice in Argentina; delinking abortion and breast cancer; Midtown's final frontier.
The majority's additional discussion of post-trial motions, Justice Thomas wrote, was "unwise" given the "difficult and far-reaching questions of civil procedure" involved.
Justice Fisher also denied a motion by Justice Garson's lawyers to withhold from evidence hundreds of hours of audio and video surveillance tapes made during the investigation.
He was convicted of robbery in the Long Island Sound, but as there was disagreement over the question of jurisdiction between the two judges who heard the post-trial motion – Judge Mahlon Dickerson and Supreme Court Justice Robert Cooper Grier – the case was referred to the Supreme Court by certificate of division.
When the Sierra Club, an environmental group, filed a motion asking Justice Scalia to disqualify himself (it had filed the records request that led to the lawsuit), the justice rejected it with an extraordinary opinion: "If it is reasonable to think that a Supreme Court justice can be bought so cheap," he scoffed, "the nation is in deeper trouble than I had imagined".
"The court finds both parties' positions on this motion unreasonable," Justice Gische concluded.
Mr. Hynes ordered a review of the case and later joined Ms. Fox's motion to Justice Kreindler to dismiss the conviction and the charges that led to it.
Protesting is always an act of faith, a gamble that action might spark more action, that inspiration will travel in unpredictable ways, that taking a bold public stand will set new forces into motion, that justice will prevail.
The lawyers wrote in their motion that Justice A. Kirke Bartley Jr., who presided over the case, erred when he refused to question the jurors about a note indicating that one of them felt "personally threatened" and wished to be removed.
