Here is some unfair competition… "Master Class," a play by Terrence McNally inspired by the series of public master classes that soprano Maria Callas held at the Juilliard School decades ago, imagines a sequence of master class sessions at which Callas bullies three vocal students, displays her trademark temperament, and narrates fantasy sequences recalling some of her tense moments as a performer. The unfair competition comes in the casting of the current Broadway revival, in … <Read More>
The Next Gay Rights Case for the U.S. Supreme Court?
While there has been plenty of speculation that the U.S. Supreme Court will have to address the constitutionality of Section 3 of the Defense of Marriage Act, or the constitutional right of same-sex couples to marry, sometime in the next few years, it seems likely that another important gay rights case may get to the court sooner.
Today Lambda Legal filed a petition seeking Supreme Court review of an April ruling by the 5th Circuit … <Read More>
9th Circuit Asks the Justice Department – Is the Log Cabin Republican DADT Case Over?
The U.S. 9th Circuit Court of Appeals panel designated to handle the appeal in Log Cabin Republicans v. United States (constitutional challenge to the military "don't ask, don't tell" policy) is eager to know whether the case is over and should be dismissed. On July 11, the panel issued an order demanding that the government inform the court quickly about what is happening in this case.
On July 1, the panel issued an order lifting … <Read More>
Gay Rights Developments Come Fast and Furious
It's been difficult keeping up the past few days.
On July 1, the Obama Administration took an active role in challenging the constitutionality of the Defense of Marriage Act, filing a brief in the Golinski case arguing that Section 3 of the Act is unconstitutional. This helped to convince the 9th Circuit panel, which was considering Log Cabin Republicans' motion to lift the stay of District Judge Virginia Phillips' injunction against enforcement of the "don't … <Read More>
9th Circuit Panel Activates Injunction Against DADT: “The circumstances and balance of hardships have changed”
It did not take the U.S. 9th Circuit Court of Appeals, pondering a motion by Log Cabin Republicans to lift a stay of District Judge Virginia A. Phillips' injunction against enforcement of the "Don't Ask, Don't Tell" military policy, very long to react to the Justice Department's filing of a brief with the U.S. District Court in the Golinski spousal benefits case, arguing that DOMA Section 3 is unconstitutional. In that brief, the Justice Department … <Read More>
NY Philharmonic Summertime Classics – Part II – The American Night
For the second and last program of this summer's abbreviated installment of Summertime Classics, the New York Philharmonic provided its now-traditional 4th of July program, spread over three performances from Saturday night through Tuesday evening. I attended the last. Bramwell Tovey was on the podium for about half the program, the rest being taken by Major Brian Dix, Director and Commanding Officer of the evening's guest artists, the U.S. Marine Drum & Bugle Corps (quaintly … <Read More>
Justice Department Sides With Golinski in Pre-Trial Motions Over DOMA Constitutionality
How often does the Defendant in pending civil litigation file a brief supporting the Plaintiff
Some Summer Movies – Thor & Super 8
Summer is for mindless entertainment? Not many serious films to select among over the past few weeks of releases, but some decent escapist fare has proved diverting. A week ago, looking for some cinematic diversion, I found "Thor" was still playing in a handful of theaters in Manhattan and decided to take a look. Anything that Anthony Hopkins is in is probably worth seeing, I thought.
"Thor" is directed by Kenneth Branagh, but don't expect … <Read More>
US Court of Appeals (1st Circuit) Revives Inmate’s Damage Claim for Denial of HIV Meds
A unanimous three judge panel of the U.S. Court of Appeals for the 1st Circuit, based in Boston, has revived a claim by a state prison inmate that his constitutional rights were violated when he was deprived of HIV medication for an extended period of time in custody. Ruling in Leavitt v. Correctional Medical Services, Inc., 2011 Westlaw 2557009 ((June 29, 2011), the court partially reversed a decision by U.S. District Judge John A. Woodcock, … <Read More>
Unanimous D.C. High Court Changes Tort Rules, Allowing Emotional Distress Claim for Man Misdiagnosed as HIV+
Opening up an exception to its established rule that a person can't sue for emotional distress damages unless the defendant's action also placed the plaintiff in a "zone of danger" or actually caused physical injury, the unanimous en banc District of Columbia Court of Appeals ruled in Hedgepeth v. Whitman Walker Clinic & Mary Fanning, M.D., 2011 Westlaw 2586720 (June 30, 2011), that a man who was misdiagnosed as HIV+ and claims to have suffered severe … <Read More>