Скачать или смотреть Legal News for Weds 7/17 - Biden Eyes SCOTUS Term Limits and Ethics Code, Judge Kindred Conflicts...

This Day in Legal History: Lincoln Signs the Second Confiscation Act


On July 17, 1862, President Abraham Lincoln signed the Second Confiscation Act into law, marking a significant legal development during the Civil War. This act allowed for the seizure of property owned by individuals engaged in rebellion against the Union. Unlike previous measures, it did not require due process or provide an opportunity for the accused to defend themselves. The act targeted Confederate supporters, intending to weaken the rebellion by stripping resources from those aiding the Confederate cause. 


The legislation also declared that enslaved people who escaped from rebel owners or were captured by Union forces would be considered free. This move was a precursor to the Emancipation Proclamation and signaled a shift in Union policy towards a more aggressive stance against slavery. The Second Confiscation Act was controversial, as it raised significant legal and constitutional questions regarding property rights and due process. Critics argued it overstepped executive powers and violated the Fifth Amendment.


Despite these concerns, the act was a critical step in undermining the Confederate war effort and advancing the Union’s moral and strategic objectives. It reflected the growing commitment of the Lincoln administration to not only preserve the Union but also to end slavery. The Second Confiscation Act thus played a pivotal role in the broader legal and political landscape of the Civil War.


President Joe Biden is preparing to introduce proposals for significant Supreme Court reforms, including imposing term limits on justices, who currently serve for life. This marks a notable shift for Biden, who has previously resisted such reforms despite pressure from within his party. The proposals also include an enforceable ethics code for justices and a constitutional amendment to overturn a recent Supreme Court decision granting broad immunity to presidents for official actions.


However, these changes are expected to face considerable challenges in becoming law, especially with Congress unlikely to address major legislation before the upcoming election. Biden’s proposals come amidst a tight race against former President Donald Trump, who leads in public opinion polls. Congressional Republicans are expected to oppose the reforms, viewing the current conservative Supreme Court as a significant political achievement.


The White House has yet to consult with key lawmakers about the plans, and Press Secretary Karine Jean-Pierre has declined to comment. Biden hinted at these proposals in a recent call with the Congressional Progressive Caucus, aiming to garner support after a poor performance in a presidential debate. The Democratic push for Supreme Court reform has grown following several controversial rulings, including the overturning of Roe v. Wade and the rejection of Biden’s student loan cancellation plan. 


Justice Clarence Thomas has also faced scrutiny for not disclosing expensive gifts from conservative donors. The court’s decision granting presidential immunity for official acts has further complicated efforts to prosecute Trump. Biden criticized this decision, arguing it contradicts the founders' intentions. In response, Trump accused Democrats of undermining the Supreme Court and interfering in the presidential election. 


Biden to Propose Supreme Court Reforms, Including Term Limits (https://news.bloomberglaw.com/us-law-week/...)


Biden seriously considering proposals on Supreme Court term limits, ethics code, AP sources say (https://apnews.com/article/election-suprem...)


Federal prosecutors in Alaska have identified 23 criminal cases with potential conflicts of interest involving former U.S. District Judge Joshua Kindred, who resigned following sexual misconduct allegations. The 9th Circuit Judicial Council reprimanded Kindred for creating a hostile work environment and engaging in an inappropriate relationship with a law clerk. Although the clerk did not work on cases before Kindred, potential conflicts existed in other cases.


Bryan Wilson, head of the U.S. Attorney’s Office’s criminal division, detailed the conflicts in an email to Alaska’s federal public defender. These conflicts included interactions between Kindred and several attorneys, such as a senior prosecutor who sent him nude photos and another attorney who exchanged flirtatious texts. These undisclosed conflicts could lead defense lawyers to challenge convictions or sentences from cases Kindred oversaw.


The U.S. Attorney’s Office had taken steps to mitigate conflicts since late 2022 by notifying the district’s chief judge and reassigning cases from Kindred. However, Federal Public Defender Jamie McGrady criticized the office for not disclosing the conflicts sooner and noted that the recusal of Kindred did not eliminate prejudice against def...