Monday, June 10, 2019

Justice Sotomayor and the conservatives deliver blow to the government in Return Mail

From within the opinion written by Justice Sotomayor in Return Mail vs. USPS:

Given the presumption that a statutory reference to a
“person” does not include the Government, the Postal
Service must show that the AIA’s context indicates otherwise.
Although the Postal Service need not cite to “an
express contrary definition,” Rowland, 506 U. S., at 200, it
must point to some indication in the text or context of the
statute that affirmatively shows Congress intended to
include the Government. See Cooper, 312 U. S., at 605.

The Postal Service makes three arguments for displacing the presumption.
First, the Postal Service argues that
the statutory text and context offer sufficient evidence
that the Government is a “person” with the power to petition for AIA review proceedings.
Second, the Postal Service contends that federal agencies’
long history of participation in the patent system suggests that Congress
intended for the Government to participate in AIA review
proceedings as well. Third, the Postal Service maintains
that the statute must permit it to petition for AIA review
because §1498 subjects the Government to liability for
infringement. None delivers.


The vote was 6 to 3.

Sunday, June 09, 2019

Mo Rocca does CBS Sunday Morning on 9 June 2019

Mo Rocca hosted "CBS Sunday Morning" on June 9, 2019, and observed that Jane Pauley was "under the weather."
The cover story, done by Rocca, concerned the story of Franklin Kameny, a Ph.D. who was fired from government service in 1957 for being gay. There was discussion of the book The Lavender Scare.

The news headlines were Trump declaring victory in the Mexico/tariff confrontation and fires in the West (Tonto Forest). Interspersed throughout the show were snap shots of Broadway plays, with news trivia that Wicked is the most attended Broadway play.

The death of Dr. John (1973: Right Place, Wrong Time) was noted.

Almanac noted the birth of Cole Porter in 1891.

Mo Rocca directed viewers to go online for the calendar.

Moment of nature was Point Reyes, with shots of Tule Elk.

As to the Stonewall riots of June 28, 1969, wikipedia notes

Historian David Carter presents information[67] indicating that the Mafia owners of the Stonewall and the manager were blackmailing wealthier customers, particularly those who worked in the Financial District.[10] They appeared to be making more money from extortion than they were from liquor sales in the bar. Carter deduces that when the police were unable to receive kickbacks from blackmail and the theft of negotiable bonds (facilitated by pressuring gay Wall Street customers), they decided to close the Stonewall Inn permanently. Two undercover policewomen and two undercover policemen had entered the bar earlier that evening to gather visual evidence, as the Public Morals Squad waited outside for the signal. Once inside, they called for backup from the Sixth Precinct using the bar's pay telephone. The music was turned off and the main lights were turned on. Approximately 205 people were in the bar that night. Patrons who had never experienced a police raid were confused.