MSPB Continues to Refine Discrimination Analysis
It’s been a running joke, and for the employee’s bar not so much of a joke, that federal sector employment lawyers, HR folks, etc., really didn’t need to spend any time learning about the MSPB’s view of discrimination law for the simple reason that the Board never finds discrimination anyway. Could that be about to change? We’re still not seeing findings of discrimination from the MSPB, but suddenly it has an increased focused on the analysis of discrimination cases by its administrative judges. See Disparate Treatment by Any Other Name, Vol. I, Issue XV (2010).
The latest addition to the Board’s discrimination repetoire is Hodge v. Department of Homeland Security, 2010 MSPB 190 (September 15, 2010). In Hodge, the Board reversed the indefinite suspension of a Deportation Officer finding that an investigation into alleged misconduct was not sufficient reason to sustain the suspension where the agency did not rely on the crime provision of 5 USC 7513(b)(1). Having already reversed the suspension, the Board then went on to analyze the appellant’s claim of discrimination and the finding of the administrative judge that the appellant had failed to present a prima facie case of discrimination.
Because the case had gone to hearing, the Board found that the judge erred in analyzing whether the appellant had presented a prima facie case. Instead, the Board found that the judge should have simply proceeded to analyze whether the appellant had established that the agency’s reason for the indefinite suspension was pretextual. The Board cites Jackson v. U.S. Postal Service, 79 MSPR 46 (1998) for the proposition that when evidence has already been taken on a discrimination claim, it is error to analyze whether the appellant has presented a prima facie case and the analysis should proceed directly to the issue of pretext. The Board’s certainly correct about its own case law, but the reality is that the Board is simply following the dictates of the U.S. Supreme Court in U.S. Postal Service Board of Governors v. Aikens, 460 U.S. 711 (1983).
As Jackson duly notes, in Aikens the Supreme Court found that “[w]here the defendant has done everything required of him if the plaintiff had properly made our a prima facie case, whether the plaintiff really did so is no longer relevant[;] [t]he district court has before it all the evidence it needs to decide whether ‘the defendant intentionally discriminated against the plaintiff.’”
Of course, none of this helped the appellant in Hodge as the Board found there was insufficient evidence of pretext. The Board found:
[T]he appellant allegedly was involved in an incident with New Orleans police officers wherein she challenged their authority when they asked her to leave a car wash, resisted arrest, refused their attempts to handcuff her, and struck one of them in the face with her fist. IAF, Tab 4, Subtab 4(d) at 1. The misconduct of the three comparator employees consisted, respectively, of: being intoxicated and firing his weapon; having an affair with the wife of a man who was the subject of an investigation; and being the subject of domestic violence charges filed against him by the comparator’s wife. See Hearing Transcript at 120-21, 124. The conduct of the comparator employees clearly conflicts less directly with the duties of a law enforcement officer than the appellant’s direct and public confrontation with other law enforcement officers.
So, maybe we’re going to start seeing findings of discrimination out of the Board. On the other hand, one has to wonder. Is the conduct of the appellant in Hodge really less compatible with being a law enforcement than getting drunk and firing a weapon, having an affair with the spouse of someone who’s the subject of an investigation, and being charged with domestic violence? Hmm . . . perhaps it’s a good thing that the Board doesn’t get to hire law enforcement officers and only gets to decide on their discipline.
(By Ernest Hadley)
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Thursday, October 7, 2010
Social Security Administration Wrongfully Withheld $500 Million in Disability Benefits
$500 Million in Suspended Disability Benefits Returned
The Social Security Administration wrongfully denied eligible beneficiaries because they believed that the applicants were wanted felons.
A federal court that decided for Martinez vs. Astrue ordered the Social Security Administration to return $500 million worth of suspended benefits to approximately 250,000 beneficiaries. The beneficiaries, who were wrongly identified as felons, were deemed ineligible through an arrest warrant database. They were consequently denied of their benefits for the last 10 years.
Gerald A. McIntyre, the lead attorney for the National Senior Citizen Law Center, logged the class action after discovering that many beneficiaries were being cut off when the SSA erroneously applied a 1996 law which prevented fleeing felons from collecting benefits. The suit was initiated in 2008 when Rosa Martinez, 53, a resident of Redwood City, CA, stopped receiving disability assistance because of a 1980 arrest warrant filed in Miami, FL. However, Martinez has never visited Miami. Martinez said, “They just told me I won’t be getting any more Social Security because I committed a crime in 1980...I was in a state of shock. And since then I became really sad and upset because I didn’t know what was happening to me. I was depending on this money.” Martinez became the lead plaintiff in the class suit. Likewise, many of the other victims shared similar names with known felons; others had warrants for minor infractions.
The SSA's warrant filtering procedure was supposed to ensure that fleeing felons cannot get disability benefits. McIntyre, on his reproach, said, “The vast majority of class members were not fleeing at all; many never knew that criminal charges were pending against them let alone that a warrant had been issued.” McIntyre also criticized the SSA's method of matching the first and last names of the beneficiaries with Social Security Numbers. “If they cannot discover a match, they will dig by using dates of birth.” The policy is still subsisting in selected parts of the United States.
SSA Commissioner Michael Astrue announced that they are currently mailing notices to the victims, informing them that they may reapply for benefits and submit a disability claim within the next six months. Under the terms of the settlement, in which the administration admitted no wrongdoing, the government is only repaying benefits owed, and will not be paying any punitive damages for loss of income or suffering.
Social Security Disability Insurance (SSDI) is a federal insurance program of the United States government that is funded by payroll taxes and is designed to provide an income for disabled individuals who are unable to work. If you are one of its rightful beneficiaries who received unfair or negative treatment, never sleep on your rights. Visit https://socialsecurity-disability.org for more information about SSDI.
The Social Security Administration wrongfully denied eligible beneficiaries because they believed that the applicants were wanted felons.
A federal court that decided for Martinez vs. Astrue ordered the Social Security Administration to return $500 million worth of suspended benefits to approximately 250,000 beneficiaries. The beneficiaries, who were wrongly identified as felons, were deemed ineligible through an arrest warrant database. They were consequently denied of their benefits for the last 10 years.
Gerald A. McIntyre, the lead attorney for the National Senior Citizen Law Center, logged the class action after discovering that many beneficiaries were being cut off when the SSA erroneously applied a 1996 law which prevented fleeing felons from collecting benefits. The suit was initiated in 2008 when Rosa Martinez, 53, a resident of Redwood City, CA, stopped receiving disability assistance because of a 1980 arrest warrant filed in Miami, FL. However, Martinez has never visited Miami. Martinez said, “They just told me I won’t be getting any more Social Security because I committed a crime in 1980...I was in a state of shock. And since then I became really sad and upset because I didn’t know what was happening to me. I was depending on this money.” Martinez became the lead plaintiff in the class suit. Likewise, many of the other victims shared similar names with known felons; others had warrants for minor infractions.
The SSA's warrant filtering procedure was supposed to ensure that fleeing felons cannot get disability benefits. McIntyre, on his reproach, said, “The vast majority of class members were not fleeing at all; many never knew that criminal charges were pending against them let alone that a warrant had been issued.” McIntyre also criticized the SSA's method of matching the first and last names of the beneficiaries with Social Security Numbers. “If they cannot discover a match, they will dig by using dates of birth.” The policy is still subsisting in selected parts of the United States.
SSA Commissioner Michael Astrue announced that they are currently mailing notices to the victims, informing them that they may reapply for benefits and submit a disability claim within the next six months. Under the terms of the settlement, in which the administration admitted no wrongdoing, the government is only repaying benefits owed, and will not be paying any punitive damages for loss of income or suffering.
Social Security Disability Insurance (SSDI) is a federal insurance program of the United States government that is funded by payroll taxes and is designed to provide an income for disabled individuals who are unable to work. If you are one of its rightful beneficiaries who received unfair or negative treatment, never sleep on your rights. Visit https://socialsecurity-disability.org for more information about SSDI.
Thursday, September 30, 2010
Tony Curtis Received Cultural Diplomacy Award Same Day As Judge Steverson.
Tony Curtis died September 30, 2010 at the age of 85. He will be remembered as both a Hollywood heartthrob and an actor with a gift for comedy. As the author of his own story he was met with mixed reviews. He was the son of Hungarian immigrants. On April 23, 2009 at about 5:00 PM at the American Embassy in Budapest, Hungary he was awarded the Cultural Diplomacy Award by Ambassador April Foley with Jeffrey Levine, the Charge d'Affaires, and Carolynn Glassman, the Cultural affairs Officer at the Embassy.
Mr. Curtis was not the only person to receive the Cultural Diplomacy Award that day in Hungary. Earlier in the day at the American Corner in Veszprem, Hungary Judge London Steverson had been presented with a Cultural Diplomacy Award. It was the opening day of the annual America Week Celebration in Hungary. The highlight of the day was the official opening of the Steverson Book Collection at the Veszprem Public Library. The Steverson Collection was a donation of over 5,000 books to the American Embassy and the people of Hungary from Judge Steverson's own personal collection. Judge Steverson's wife was born and raised in Veszprem, Hungary.
Marjorie Kehe of the christian Science Monitor had this to say about this talented Hungarian-American. Curtis wrote his own life story twice, once in "Tony Curtis: The Autobiography" (1993) and then again in "American Prince: A Memoir" (2008).
In general, "The Autobiography" was better received. Library Journal wrote, "This is Tony Curtis's story in his own words, and it is a corker. His depiction of a boyhood as a poor New York City street kid ... is moving as well as philosophical and is a recurring theme throughout his life and remarkably diverse career.... This is a literate, first-class "star" autobiography, frank and absorbing but not for the prudish."
Publishers Weekly, however, was tougher on Curtis, commenting that,"If Curtis's vanity didn't interfere, one could more readily sympathize with the man as a survivor of a mean childhood and the drug addiction from which he is recovering. Unfortunately, he blames most of his troubles on others, beginning with his parents."
USA Today said of "An American Prince" that it was "[f]illed with fond recollections of [Curtis’s] friendships with the famous and powerful but punctuated, too, by harsh words for Hollywood legends he says did him wrong…. Curtis spares few intimate details about his years as a Hollywood lothario, including his teenage affair with a redheaded, ponytailed Marilyn Monroe.”
Most readers, however, seemed to feel that while Curtis's recounting of his childhood in a tough Lower East Side Manhattan neighborhood (the son of Hungarian immigrants, he didn't learn to speak English till he was 5) was absorbing, Curtis's bragging about his conquests of the opposite sex (he was married five times and had many affairs) was unappealing. ("Fun for a while, then kerplunk .... falls, like a promising cake gone bad," wrote one Amazon reader.)
In the end, however, it is not Tony Curtis the writer or even the man who will be remembered as much as it will be Tony Curtis the actor, star of "Sweet Smell of Success" (1957), "The Defiant Ones" (1958), "Some Like It Hot"(1959), and "Spartacus" (1960). And perhaps that would have been fine with the man who wrote, in "American Prince," that “All my life I had one dream and that was to be in the movies.”
Mr. Curtis was not the only person to receive the Cultural Diplomacy Award that day in Hungary. Earlier in the day at the American Corner in Veszprem, Hungary Judge London Steverson had been presented with a Cultural Diplomacy Award. It was the opening day of the annual America Week Celebration in Hungary. The highlight of the day was the official opening of the Steverson Book Collection at the Veszprem Public Library. The Steverson Collection was a donation of over 5,000 books to the American Embassy and the people of Hungary from Judge Steverson's own personal collection. Judge Steverson's wife was born and raised in Veszprem, Hungary.
Marjorie Kehe of the christian Science Monitor had this to say about this talented Hungarian-American. Curtis wrote his own life story twice, once in "Tony Curtis: The Autobiography" (1993) and then again in "American Prince: A Memoir" (2008).
In general, "The Autobiography" was better received. Library Journal wrote, "This is Tony Curtis's story in his own words, and it is a corker. His depiction of a boyhood as a poor New York City street kid ... is moving as well as philosophical and is a recurring theme throughout his life and remarkably diverse career.... This is a literate, first-class "star" autobiography, frank and absorbing but not for the prudish."
Publishers Weekly, however, was tougher on Curtis, commenting that,"If Curtis's vanity didn't interfere, one could more readily sympathize with the man as a survivor of a mean childhood and the drug addiction from which he is recovering. Unfortunately, he blames most of his troubles on others, beginning with his parents."
USA Today said of "An American Prince" that it was "[f]illed with fond recollections of [Curtis’s] friendships with the famous and powerful but punctuated, too, by harsh words for Hollywood legends he says did him wrong…. Curtis spares few intimate details about his years as a Hollywood lothario, including his teenage affair with a redheaded, ponytailed Marilyn Monroe.”
Most readers, however, seemed to feel that while Curtis's recounting of his childhood in a tough Lower East Side Manhattan neighborhood (the son of Hungarian immigrants, he didn't learn to speak English till he was 5) was absorbing, Curtis's bragging about his conquests of the opposite sex (he was married five times and had many affairs) was unappealing. ("Fun for a while, then kerplunk .... falls, like a promising cake gone bad," wrote one Amazon reader.)
In the end, however, it is not Tony Curtis the writer or even the man who will be remembered as much as it will be Tony Curtis the actor, star of "Sweet Smell of Success" (1957), "The Defiant Ones" (1958), "Some Like It Hot"(1959), and "Spartacus" (1960). And perhaps that would have been fine with the man who wrote, in "American Prince," that “All my life I had one dream and that was to be in the movies.”
Monday, September 27, 2010
Assistant U. S. Attorney Commits Suicide.
A Justice Department lawyer under investigation for possible misconduct in the prosecution of former senator Ted Stevens of Alaska committed suicide over the weekend, the law firm representing him confirmed.
Nicholas A. Marsh, 37, was one of several Justice lawyers under investigation by a special prosecutor for possible legal improprieties that last year led a judge to vacate Stevens's conviction in a corruption case. A spokeswoman for Marsh's lawyer, Robert Luskin, confirmed Monday that Marsh had killed himself, but offered no further details.
"Our deepest sympathies go out to Nick's family and friends on this sad day," Assistant Attorney General Lanny A. Breuer said in a statement, without commenting on how Marsh died. "The Department of Justice is a community, and today our community is mourning the loss of this dedicated young attorney."
Marsh was among several lawyers on the Justice team that prosecuted Stevens, a Republican. Stevens was defeated in his reelection bid shortly after his 2008 conviction and died Aug. 9 in a plane crash in Alaska.
(By Paul Duggan)
Nicholas A. Marsh, 37, was one of several Justice lawyers under investigation by a special prosecutor for possible legal improprieties that last year led a judge to vacate Stevens's conviction in a corruption case. A spokeswoman for Marsh's lawyer, Robert Luskin, confirmed Monday that Marsh had killed himself, but offered no further details.
"Our deepest sympathies go out to Nick's family and friends on this sad day," Assistant Attorney General Lanny A. Breuer said in a statement, without commenting on how Marsh died. "The Department of Justice is a community, and today our community is mourning the loss of this dedicated young attorney."
Marsh was among several lawyers on the Justice team that prosecuted Stevens, a Republican. Stevens was defeated in his reelection bid shortly after his 2008 conviction and died Aug. 9 in a plane crash in Alaska.
(By Paul Duggan)
Friday, September 17, 2010
Judge London Steverson
Judge London Steverson
London Eugene Livingston Steverson (born March 13, 1947) was one of the first two African Americans to graduate from the United States Coast Guard Academy in 1968. Later, as chief of the newly formed Minority Recruiting Section of the United States Coast Guard (USCG), he was charged with desegregating the Coast Guard Academy by recruiting minority candidates. He retired from the Coast Guard in 1988 and in 1990 was appointed to the bench as a Federal Administrative Law Judge with the Office of Hearings and Appeals, Social Security Administration.
Early Life and Education
Steverson was born and raised in Millington, Tennessee, the oldest of three children of Jerome and Ruby Steverson. At the age of 5 he was enrolled in the E. A. Harrold elementary school in a segregated school system. He later attended the all black Woodstock High School in Memphis, Tennessee, graduating valedictorian.
A Presidential Executive Order issued by President Truman had desegregated the armed forces in 1948,[1] but the service academies were lagging in officer recruiting. President Kennedy specifically challenged the United States Coast Guard Academy to tender appointments to Black high school students. London Steverson was one of the Black student to be offered such an appointment, and when he accepted the opportunity to be part of the class of 1968, he became the second African American to enter the previously all-white military academy. On June 4, 1968 Steverson graduated from the Coast Guard Academy with a BS degree in Engineering and a commission as an ensign in the U.S. Coast Guard.
In 1974, while still a member of the Coast Guard, Steverson entered The National Law Center of The George Washington University and graduated in 1977 with a Juris Doctor of Laws Degree.
USCG Assignments.
Steverson's first duty assignment out of the Academy was in Antarctic research logistical support. In July 1968 he reported aboard the Coast Guard Cutter (CGC) Glacier [2] (WAGB-4), an icebreaker operating under the control of the U.S. Navy, and served as a deck watch officer and head of the Marine Science Department. He traveled to Antarctica during two patrols from July 1968 to August 1969, supporting the research operations of the National Science Foundation's Antarctic Research Project in and around McMurdo Station. During the 1969 patrol the CGC Glacier responded to an international distress call from the Argentine icebreaker General SanMartin, which they freed.
He received another military assignment from 1970 to 1972 in Juneau, Alaska as a Search and Rescue Officer. Before being certified as an Operations Duty Officer, it was necessary to become thoroughly familiar with the geography and topography of the Alaskan remote sites. Along with his office mate, Ltjg Herbert Claiborne "Bertie" Pell, the son of Rhode Island Senator Claiborne Pell, Steverson was sent on a familiarization tour of Coast Guard, Navy and Air Force bases. The bases visited were Base Kodiak, Base Adak Island, and Attu Island, in the Aleutian Islands.[3]
Steverson was the Duty Officer on September 4, 1971 when an emergency call was received that an Alaska Airlines Boeing 727 airline passenger plane was overdue at Juneau airport. This was a Saturday and the weather was foggy with drizzling rain. Visibility was less than one-quarter mile. The 727 was en route to Seattle, Washington from Anchorage, Alaska with a scheduled stop in Juneau. There were 109 people on board and there were no survivors. Steverson received the initial alert message and began the coordination of the search and rescue effort. In a matter of hours the wreckage from the plane, with no survivors, was located on the side of a mountain about five miles from the airport. For several weeks the body parts were collected and reassembled in a staging area in the National Guard Armory only a few blocks from the Search and Rescue Center where Steverson first received the distress broadcast.[4]. Later a full investigation with the National Transportation Safety Board determined that the cause of the accident was equipment failure.[5]
Another noteworthy item is Steverson's involvement as an Operations Officer during the seizure of two Russian fishing vessels, the Kolevan and the Lamut for violating an international agreement prohibiting foreign vessels from fishing in United States territorial waters. The initial attempts at seizing the Russian vessels almost precipitated an international incident when the Russian vessels refused to proceed to a U. S. port, and instead sailed toward the Kamchatka Peninsula. Russian MIG fighter planes were scrambled, as well as American fighter planes from Elmendorf Air Force Base before the Russian vessels changed course and steamed back to Anchorage, where a U.S. Attorney was waiting to prosecute the vessels for the violations of fishing treaties.
Because of his icebreaker experience, Steverson was later made the Seventeenth District's first Ice Operations Officer. With the increased activity at Point Barrow and on the North Slope of Alaska brought on by the discovery of the vast oil reserves, more Coast Guard icebreakers were making patrols North of the Bering Sea, where icebreaking is necessary.
The Coast Guard did not have a separate Judge Advocate General's Corp (JAG). Coast Guard lawyers were called "legal specialists". These law specialists were line officers and could rotate out of the regular legal billets. Frequently these tours of duty out of specialty were in law related areas. Steverson served one such four year tour of duty as the Chief Marine Investigating Officer for the Marine Inspection Office in Battery Park, New York from 1982 to 1986. This job was similar to that of a city prosecutor. With a staff of ten investigating officers, he would investigate marine disasters for negligence and causes of action. Any marine personnel found to have violated a marine safety law would be charged and tried before a Coast Guard administrative law judge at the World Trade Center. In the case of a major marine disaster with multiple loss of life, a formal Board of Inquiry would be convened under the direction of the National Transportation Safety Board (NTSB). These Inquiries often would result in promulgation of new marine safety regulations under Title 46 Code of Federal Regulations (CFR). One such incident was the Case of The Joan LaRie III, a charter fishing vessel that sank of the coast of New Jersey on October 24, 1982. [6][7][8]
MINORITY RECRUITING.
In July 1972 Steverson was reassigned from Alaska to Washington, D.C. to become the Chief of the newly formed Minority Recruiting Section of the USCG, and was charged with working toward desegregating the nearly all-white USCG, starting with the United States Coast Guard Academy.
From 1876 until 1962 the Academy had not admitted any African-American cadets. One graduated in 1966, two graduated in 1968 (including Steverson) and one graduated in 1970. After that none were admitted until Steverson was placed in charge of the national recruiting effort. As the second minority cadet to enter and graduate from this institution, Steverson had obvious expertise in this endeavor.
He traveled the country looking for qualified minority high school students who could compete for admission. Since the Coast Guard Academy is the only one of the United States military academies that does not require a Congressional appointment, and admission is strictly on the basis of the Scholastic Aptitude Test with additional consideration of extra-curricular involvement, minority applicants stood a better chance of being admitted to the Coast Guard Academy than to Annapolis, West Point or the Air Force Academy.
His efforts were rewarded in 1973 when 28 Black cadets were sworn into the Class of 1977, and again in 1974 when 20 Black cadets were admitted as part of the Class of 1978. It was from these cadets that the Coast Guard's first African-American officers of flag rank were to come in the 1990s; officers such as Admiral Joseph Jones, Admiral Errol Brown and Admiral Manson K. Brown.
While Lieutenant Steverson was charged first and foremost with recruiting cadets for the Academy (because that is where the bulk of the career officers would come from), he was also requested to find minority college graduates who were willing receive direct commissions as lawyers and as aviators. These officers were already college graduates and had no need to attend the four year Academy, instead received a three month orientation at the Coast Guard Officer Training Center. He recruited several people from the Vanderbilt University Law School.
After serving two years in this position, he was replaced by the Academy's first graduate from Guam, Juan Tudela Salas.
Law
He next worked as a Law Specialist in the 12th Coast Guard District Office, San Francisco, California and as an Assistant U. S. Attorney for the collection of Civil Penalties under the Federal Boating Safety Act from 1979 to 1982. An Assistant District Legal Officer, he was required to defend as well as prosecute military members who had been charged with violations of the Uniform Code of Military Justice. Occasionally he was asked to represent other officers in administrative actions involving sexual harassment and discrimination. One such case was the Case of Christine D. Balboni against the Department of Transportation and the United States Coast Guard (DOT Case No. 82-177). Ensign Balboni was one of the first female graduates of the Coast Guard Academy. She graduated in the Class of 1981 and was assigned to the Coast Guard Cutter RUSH, a high endurance law enforcement vessel stationed in Alameda, California. She filed a formal complaint of sexual harassment against three senior officers on board the RUSH. She alleged that false special fitness reports had been written concerning her and that the captain of the ship had requested her immediate transfer off the ship long before her normal rotation date. After no other lawyer would take her case, Commander Ronald Mathews, Chief of The 12th District Legal Office, assigned Lieutenant Commander Steverson to represent Ensign Balboni in a formal departmental administrative hearing before a federal administrative law judge. The charges made by Ensign Balboni were determined to be valid. The relief granted was to have the false special fitness reports removed from her service record and destroyed. She was promoted to the next higher rank. Her career was saved. No disciplinary action was taken against the offending officers.[10][11]
He became the Chief of the Investigating Division at the Marine Inspection Office New York City. In 1986 he was detailed to the National Narcotics Border Interdiction System under the Office of Vice President at the time, George H. W. Bush.
When he retired in June 1988 he became the first African-American Coast Guard Academy graduate to retire as a regular line office from the service, and held the rank of Lieutenant-Commander during his last 10 years of service.
He retired to Dumont, New Jersey and practiced law in New York, with a focus on family law and defending Coast Guardsmen accused of federal crimes. He is a member of the New York State, New York City, and Tennessee Bar Associations.
In July 1990 he was appointed a federal administrative law judge by President George W. Bush. He was assigned to the Ninth Region of the Social Security Office of Hearings and Appeals in California. [12]
He was a conservative Republican and was targeted for his political views.
In April 2009 he retired from his United States Administrative Law Judge Appointment. He devoted himself to philanthropic endeavors. The Steverson Collection at www.ekmk.hu and the Steverson Collection Book Club were his major attempts to improve literacy and to spread American culture in the non-English speaking countries of Europe.
Awards.
The Cultural Diplomacy Award was given to Judge Steverson in April 2009 by the United States Ambassador to Hungary for helping create "a foundation of trust" with the people, which can be built on to reach political, economic, and military agreements; and that combats the notion that Americans are shallow, violent, and godless. He helped to affirm that Americans have such values as family, faith, and the desire for education in common with others; he helped to create a relationship with the people, which will endure beyond changes in government; he helped to reach influential members of the society, who could not be reached through traditional diplomatic functions; and, he donated a large collection of new, used, and rare English books to the American Corners of Hungary.
The State Department Cultural Diplomacy Award is designed to honor distinguished representatives of American culture whose efforts and artistry advance America's goals of mutual understanding and the deepening of friendship between the United States and others.
Since his appointment by President George H. W. Bush in 1990 as federal administrative judge to the Ninth Region of the Social Security Office of Hearings and Appeals, Judge Steverson and family have resided in Downey City, CA, where he was president of the Downey Sister City Association for seven years, and an International Peace Ambassador.
See also
Black Cadets at the Coast Guard Academy
[edit] References
^ Truman Library - Executive Order 9981
^ http://www.laesser.org/joomla/index.php?option=com_content&task=view&id=90&Itemid=38
^ Attu Homepage
^ DCA72AZ003
^ Aviation Disasters Crashes
^ http://www.uscg.mil/hq/g-m/moa/boards/joanlerie.pdf
^ http://www.webandwire.com/coast%20guard%20casualties.htm
^ Missing Body Is Found In Jersey Boat Sinking - New York Times
^ http://www.offisland.com/armedsalas.html Info about Juan Tudela Salas
^ Transitions - The Mason Spirit - George Mason University
^ Search Results - THOMAS (Library of Congress)
^ http://photos1.blogger.com/blogger/7862/2758/320/AljOmaha35630520.jpg
[edit] External links
Integration of the Armed Forces 1940-1965, chapter 20 Limited Response to Discrimination - includes info about President John F. Kennedy's personal involvement with the first attempts to desegregate the USCG Academy, which was a direct cause of LondonSteverson's admission into the Academy.
USCG history page - See of this page starting with caption for picture of the Lamut (about 2/3 the way down the page).
Photo of the judge in robes on the bench
http://photos1.blogger.com/blogger/7862/2758/1600/JudgePortraitDSC03584.jpg
http://photos1.blogger.com/blogger/7862/2758/320/AljOmaha35630520.jpg
http://home.comcast.net/~uscgacademy/london.html
London Eugene Livingston Steverson (born March 13, 1947) was one of the first two African Americans to graduate from the United States Coast Guard Academy in 1968. Later, as chief of the newly formed Minority Recruiting Section of the United States Coast Guard (USCG), he was charged with desegregating the Coast Guard Academy by recruiting minority candidates. He retired from the Coast Guard in 1988 and in 1990 was appointed to the bench as a Federal Administrative Law Judge with the Office of Hearings and Appeals, Social Security Administration.
Early Life and Education
Steverson was born and raised in Millington, Tennessee, the oldest of three children of Jerome and Ruby Steverson. At the age of 5 he was enrolled in the E. A. Harrold elementary school in a segregated school system. He later attended the all black Woodstock High School in Memphis, Tennessee, graduating valedictorian.
A Presidential Executive Order issued by President Truman had desegregated the armed forces in 1948,[1] but the service academies were lagging in officer recruiting. President Kennedy specifically challenged the United States Coast Guard Academy to tender appointments to Black high school students. London Steverson was one of the Black student to be offered such an appointment, and when he accepted the opportunity to be part of the class of 1968, he became the second African American to enter the previously all-white military academy. On June 4, 1968 Steverson graduated from the Coast Guard Academy with a BS degree in Engineering and a commission as an ensign in the U.S. Coast Guard.
In 1974, while still a member of the Coast Guard, Steverson entered The National Law Center of The George Washington University and graduated in 1977 with a Juris Doctor of Laws Degree.
USCG Assignments.
Steverson's first duty assignment out of the Academy was in Antarctic research logistical support. In July 1968 he reported aboard the Coast Guard Cutter (CGC) Glacier [2] (WAGB-4), an icebreaker operating under the control of the U.S. Navy, and served as a deck watch officer and head of the Marine Science Department. He traveled to Antarctica during two patrols from July 1968 to August 1969, supporting the research operations of the National Science Foundation's Antarctic Research Project in and around McMurdo Station. During the 1969 patrol the CGC Glacier responded to an international distress call from the Argentine icebreaker General SanMartin, which they freed.
He received another military assignment from 1970 to 1972 in Juneau, Alaska as a Search and Rescue Officer. Before being certified as an Operations Duty Officer, it was necessary to become thoroughly familiar with the geography and topography of the Alaskan remote sites. Along with his office mate, Ltjg Herbert Claiborne "Bertie" Pell, the son of Rhode Island Senator Claiborne Pell, Steverson was sent on a familiarization tour of Coast Guard, Navy and Air Force bases. The bases visited were Base Kodiak, Base Adak Island, and Attu Island, in the Aleutian Islands.[3]
Steverson was the Duty Officer on September 4, 1971 when an emergency call was received that an Alaska Airlines Boeing 727 airline passenger plane was overdue at Juneau airport. This was a Saturday and the weather was foggy with drizzling rain. Visibility was less than one-quarter mile. The 727 was en route to Seattle, Washington from Anchorage, Alaska with a scheduled stop in Juneau. There were 109 people on board and there were no survivors. Steverson received the initial alert message and began the coordination of the search and rescue effort. In a matter of hours the wreckage from the plane, with no survivors, was located on the side of a mountain about five miles from the airport. For several weeks the body parts were collected and reassembled in a staging area in the National Guard Armory only a few blocks from the Search and Rescue Center where Steverson first received the distress broadcast.[4]. Later a full investigation with the National Transportation Safety Board determined that the cause of the accident was equipment failure.[5]
Another noteworthy item is Steverson's involvement as an Operations Officer during the seizure of two Russian fishing vessels, the Kolevan and the Lamut for violating an international agreement prohibiting foreign vessels from fishing in United States territorial waters. The initial attempts at seizing the Russian vessels almost precipitated an international incident when the Russian vessels refused to proceed to a U. S. port, and instead sailed toward the Kamchatka Peninsula. Russian MIG fighter planes were scrambled, as well as American fighter planes from Elmendorf Air Force Base before the Russian vessels changed course and steamed back to Anchorage, where a U.S. Attorney was waiting to prosecute the vessels for the violations of fishing treaties.
Because of his icebreaker experience, Steverson was later made the Seventeenth District's first Ice Operations Officer. With the increased activity at Point Barrow and on the North Slope of Alaska brought on by the discovery of the vast oil reserves, more Coast Guard icebreakers were making patrols North of the Bering Sea, where icebreaking is necessary.
The Coast Guard did not have a separate Judge Advocate General's Corp (JAG). Coast Guard lawyers were called "legal specialists". These law specialists were line officers and could rotate out of the regular legal billets. Frequently these tours of duty out of specialty were in law related areas. Steverson served one such four year tour of duty as the Chief Marine Investigating Officer for the Marine Inspection Office in Battery Park, New York from 1982 to 1986. This job was similar to that of a city prosecutor. With a staff of ten investigating officers, he would investigate marine disasters for negligence and causes of action. Any marine personnel found to have violated a marine safety law would be charged and tried before a Coast Guard administrative law judge at the World Trade Center. In the case of a major marine disaster with multiple loss of life, a formal Board of Inquiry would be convened under the direction of the National Transportation Safety Board (NTSB). These Inquiries often would result in promulgation of new marine safety regulations under Title 46 Code of Federal Regulations (CFR). One such incident was the Case of The Joan LaRie III, a charter fishing vessel that sank of the coast of New Jersey on October 24, 1982. [6][7][8]
MINORITY RECRUITING.
In July 1972 Steverson was reassigned from Alaska to Washington, D.C. to become the Chief of the newly formed Minority Recruiting Section of the USCG, and was charged with working toward desegregating the nearly all-white USCG, starting with the United States Coast Guard Academy.
From 1876 until 1962 the Academy had not admitted any African-American cadets. One graduated in 1966, two graduated in 1968 (including Steverson) and one graduated in 1970. After that none were admitted until Steverson was placed in charge of the national recruiting effort. As the second minority cadet to enter and graduate from this institution, Steverson had obvious expertise in this endeavor.
He traveled the country looking for qualified minority high school students who could compete for admission. Since the Coast Guard Academy is the only one of the United States military academies that does not require a Congressional appointment, and admission is strictly on the basis of the Scholastic Aptitude Test with additional consideration of extra-curricular involvement, minority applicants stood a better chance of being admitted to the Coast Guard Academy than to Annapolis, West Point or the Air Force Academy.
His efforts were rewarded in 1973 when 28 Black cadets were sworn into the Class of 1977, and again in 1974 when 20 Black cadets were admitted as part of the Class of 1978. It was from these cadets that the Coast Guard's first African-American officers of flag rank were to come in the 1990s; officers such as Admiral Joseph Jones, Admiral Errol Brown and Admiral Manson K. Brown.
While Lieutenant Steverson was charged first and foremost with recruiting cadets for the Academy (because that is where the bulk of the career officers would come from), he was also requested to find minority college graduates who were willing receive direct commissions as lawyers and as aviators. These officers were already college graduates and had no need to attend the four year Academy, instead received a three month orientation at the Coast Guard Officer Training Center. He recruited several people from the Vanderbilt University Law School.
After serving two years in this position, he was replaced by the Academy's first graduate from Guam, Juan Tudela Salas.
Law
He next worked as a Law Specialist in the 12th Coast Guard District Office, San Francisco, California and as an Assistant U. S. Attorney for the collection of Civil Penalties under the Federal Boating Safety Act from 1979 to 1982. An Assistant District Legal Officer, he was required to defend as well as prosecute military members who had been charged with violations of the Uniform Code of Military Justice. Occasionally he was asked to represent other officers in administrative actions involving sexual harassment and discrimination. One such case was the Case of Christine D. Balboni against the Department of Transportation and the United States Coast Guard (DOT Case No. 82-177). Ensign Balboni was one of the first female graduates of the Coast Guard Academy. She graduated in the Class of 1981 and was assigned to the Coast Guard Cutter RUSH, a high endurance law enforcement vessel stationed in Alameda, California. She filed a formal complaint of sexual harassment against three senior officers on board the RUSH. She alleged that false special fitness reports had been written concerning her and that the captain of the ship had requested her immediate transfer off the ship long before her normal rotation date. After no other lawyer would take her case, Commander Ronald Mathews, Chief of The 12th District Legal Office, assigned Lieutenant Commander Steverson to represent Ensign Balboni in a formal departmental administrative hearing before a federal administrative law judge. The charges made by Ensign Balboni were determined to be valid. The relief granted was to have the false special fitness reports removed from her service record and destroyed. She was promoted to the next higher rank. Her career was saved. No disciplinary action was taken against the offending officers.[10][11]
He became the Chief of the Investigating Division at the Marine Inspection Office New York City. In 1986 he was detailed to the National Narcotics Border Interdiction System under the Office of Vice President at the time, George H. W. Bush.
When he retired in June 1988 he became the first African-American Coast Guard Academy graduate to retire as a regular line office from the service, and held the rank of Lieutenant-Commander during his last 10 years of service.
He retired to Dumont, New Jersey and practiced law in New York, with a focus on family law and defending Coast Guardsmen accused of federal crimes. He is a member of the New York State, New York City, and Tennessee Bar Associations.
In July 1990 he was appointed a federal administrative law judge by President George W. Bush. He was assigned to the Ninth Region of the Social Security Office of Hearings and Appeals in California. [12]
He was a conservative Republican and was targeted for his political views.
In April 2009 he retired from his United States Administrative Law Judge Appointment. He devoted himself to philanthropic endeavors. The Steverson Collection at www.ekmk.hu and the Steverson Collection Book Club were his major attempts to improve literacy and to spread American culture in the non-English speaking countries of Europe.
Awards.
The Cultural Diplomacy Award was given to Judge Steverson in April 2009 by the United States Ambassador to Hungary for helping create "a foundation of trust" with the people, which can be built on to reach political, economic, and military agreements; and that combats the notion that Americans are shallow, violent, and godless. He helped to affirm that Americans have such values as family, faith, and the desire for education in common with others; he helped to create a relationship with the people, which will endure beyond changes in government; he helped to reach influential members of the society, who could not be reached through traditional diplomatic functions; and, he donated a large collection of new, used, and rare English books to the American Corners of Hungary.
The State Department Cultural Diplomacy Award is designed to honor distinguished representatives of American culture whose efforts and artistry advance America's goals of mutual understanding and the deepening of friendship between the United States and others.
Since his appointment by President George H. W. Bush in 1990 as federal administrative judge to the Ninth Region of the Social Security Office of Hearings and Appeals, Judge Steverson and family have resided in Downey City, CA, where he was president of the Downey Sister City Association for seven years, and an International Peace Ambassador.
See also
Black Cadets at the Coast Guard Academy
[edit] References
^ Truman Library - Executive Order 9981
^ http://www.laesser.org/joomla/index.php?option=com_content&task=view&id=90&Itemid=38
^ Attu Homepage
^ DCA72AZ003
^ Aviation Disasters Crashes
^ http://www.uscg.mil/hq/g-m/moa/boards/joanlerie.pdf
^ http://www.webandwire.com/coast%20guard%20casualties.htm
^ Missing Body Is Found In Jersey Boat Sinking - New York Times
^ http://www.offisland.com/armedsalas.html Info about Juan Tudela Salas
^ Transitions - The Mason Spirit - George Mason University
^ Search Results - THOMAS (Library of Congress)
^ http://photos1.blogger.com/blogger/7862/2758/320/AljOmaha35630520.jpg
[edit] External links
Integration of the Armed Forces 1940-1965, chapter 20 Limited Response to Discrimination - includes info about President John F. Kennedy's personal involvement with the first attempts to desegregate the USCG Academy, which was a direct cause of LondonSteverson's admission into the Academy.
USCG history page - See of this page starting with caption for picture of the Lamut (about 2/3 the way down the page).
Photo of the judge in robes on the bench
http://photos1.blogger.com/blogger/7862/2758/1600/JudgePortraitDSC03584.jpg
http://photos1.blogger.com/blogger/7862/2758/320/AljOmaha35630520.jpg
http://home.comcast.net/~uscgacademy/london.html
Wednesday, August 18, 2010
Americans Have A Constitutional Right To Lie.
PASADENA, Calif.(AP) A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled 17 August 2010.
The decision involves the case of Xavier Alvarez of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.
Alvarez was indicted in 2007. He pleaded guilty on condition that he be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.
A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday 17 August, agreeing that the law was a violation of his free-speech rights. The majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies.
The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.
The act revised and toughened a law that forbids anyone to wear a military medal that wasn't earned. The measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.
Dozens of people have been arrested under the law at a time when veterans coming home from wars in Afghanistan and Iraq are being embraced as heroes. Many of the cases involve men who simply got caught living a lie without profiting from it. Almost all the impostors have been ordered to perform community service.
The U.S. Attorney's Office in Los Angeles said it was deciding whether to appeal Tuesday's ruling.
Monday, August 9, 2010
Rule of Law or Rule of Men?
Is America still a nation of laws where the Rule of Law governs, or do the facts now govern? Do the appellate courts now focus on the facts and ignore the law?
Prop 8 Judge's Personal Life Debated After Ruling
(by Lisa Leff, AP, Aug. 6, 2010, SF, Ca.)
-- The federal judge who overturned California's same-sex marriage ban this week is a Republican who once came under fire for his membership to a powerful all-male club that had only recently allowed Blacks to join.
But after Chief U.S. Judge Vaughn Walker struck down the voter-approved ban known as Proposition 8, he became something else in the minds of some: a gay activist.
Rumors have circulated for months that Walker is gay, fueled by the blogosphere and a San Francisco Chronicle column that stated his sexual orientation was an "open secret" in legal and gay activism circles.
Walker himself hasn't addressed the speculation, and he did not respond to a request for comment by The Associated Press. Lawyers in the case, including those defending the ban, say the judge's sexuality - gay or straight - was not an issue at trial and will not be a factor on appeal.
Judge Vaughn R. Walker is the U.S. Chief Judge for the Northern California district.
But that hasn't stopped a public debate that exploded in the wake of the 66-year-old jurist's ruling. Most of the criticism has come from opponents of same-sex marriage.
"Here we have an openly gay federal judge, according to the San Francisco Chronicle, substituting his views for those of the American people and of our Founding Fathers who, I promise you, would be shocked by courts that imagine they have the right to put gay marriage in our Constitution," said Maggie Gallagher, chairwoman of The National Organization for Marriage, a group that helped fund Proposition 8.
In response, the Gay and Lesbian Victory Fund, a political action committee for gay candidates, launched an online petition accusing Gallagher's group of "gay-baiting."
But the debate raises the question: Why is sexuality different from other personal characteristics judges posses? Can a female judge rule on abortion issues? A Black judge on civil rights?
"The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal," Walker wrote in his exacting, 136-page opinion.
Gerard Bradley, a law professor at the University of Notre Dame, published a Fox News column in the hours before Walker filed his opinion faulting the media for not forcing Walker to address his sexual orientation.
And Byran Fischer, issues director for the American Family Association, urged the group's members to contact their congressional representatives about launching impeachment proceedings because Walker had not recused himself from a case in which "his own personal sexual proclivities utterly compromised his ability to make an impartial ruling."
William G. Ross, an expert on judicial ethics and law professor at Samford University in Alabama, said that a judge's sexual orientation has no more relevance to his or her ability to rule fairly on a case involving gay marriage than it would for a deeply religious judge or a judge who had been divorced multiple times.
"Under the logic of the people challenging the judge's fitness to rule on a case involving gay rights because he or she was gay, one would have to find a eunuch to serve on the case, because one could just as easily argue that a heterosexual judge couldn't rule on it either," Ross said.
Months before Walker struck down Proposition 8 as an unconstitutional violation of gay Americans' civil rights, members of the team defending the ban in court had complained about what they perceived as judicial bias.
Over their vigorous objections, Walker pushed to have the proceedings televised live, a plan the U.S. Supreme Court quashed at the last minute. Then, he refused to excuse as a witness a Proposition 8 supporter who had compared gays to child molesters during the 2008 campaign. Lawyers for the two same-sex couples who sued to invalidate the ban had called him as a witness to try to prove the measure was fueled by anti-gay prejudice.
Nevertheless, the defense does not plan to raise the specter of the judge's sexual orientation as they appeal his ruling to the 9th U.S. Circuit Court of Appeals, said Jim Campbell, a lawyer with the defense team.
"The bottom line is this case, from our perspective, is and always will be about the law and not about the judge who decides it," Campbell said. "It's just something that collectively as a legal team we have decided and going up, that's what this case is. The appellate courts are going to focus on the law."
Walker has ruled in at least two other cases involving gay rights issues during his two decades as a judge. In 1999, he rejected arguments from the parents of a San Leandro boy who claimed their religious rights were violated by pro-gay comments their son's teacher had made in the classroom.
In the other case, he dismissed a free speech claim by two Oakland city employees whose managers had confiscated a bulletin board flier for a religious group that promoted "natural family, marriage and family values." The city had "significant interests in restricting discriminatory speech about homosexuals," Walker wrote in his 2005 ruling.
Until this week, though, Walker had come under more criticism for representing the U.S. Olympic Committee in a lawsuit against a gay ex-Olympian who had created the so-called Gay Olympics. Walker won, forcing the Gay Olympics to become the Gay Games. He also aggressively pursued legal fees by attaching a $97,000 lien to the home of the organization's founder while he was dying of AIDS.
Gay activists cried foul, and his appointment to a federal judgeship was delayed for two years in the waning days of Ronald Reagan's presidency.
Civil rights groups also opposed Walker's nomination because of his 15-year membership in the Olympic Club, an all-male athletic club that had only recently admitted its first Black members. California's senior senator at the time, Democrat Alan Cranston, used the club issue to question Walker's fitness for the bench.
Observers usually describe him as a maverick who delights in keeping people guessing. They still are.
On the day of closing arguments in the gay marriage ban case, Walker said it was appropriate that the case was wrapping up in June.
"June, after all, is the month for ... " He let his deep voice trail off, and smiled at the predominantly gay courtroom.
Many froze, wondering if he would refer to the month in which San Francisco celebrates gay pride like Mardi Gras. Would that be a nod to rumors he was gay?
Walker waited a beat longer, savoring the pregnant pause.
"... weddings."
Prop 8 Judge's Personal Life Debated After Ruling
(by Lisa Leff, AP, Aug. 6, 2010, SF, Ca.)
-- The federal judge who overturned California's same-sex marriage ban this week is a Republican who once came under fire for his membership to a powerful all-male club that had only recently allowed Blacks to join.
But after Chief U.S. Judge Vaughn Walker struck down the voter-approved ban known as Proposition 8, he became something else in the minds of some: a gay activist.
Rumors have circulated for months that Walker is gay, fueled by the blogosphere and a San Francisco Chronicle column that stated his sexual orientation was an "open secret" in legal and gay activism circles.
Walker himself hasn't addressed the speculation, and he did not respond to a request for comment by The Associated Press. Lawyers in the case, including those defending the ban, say the judge's sexuality - gay or straight - was not an issue at trial and will not be a factor on appeal.
Judge Vaughn R. Walker is the U.S. Chief Judge for the Northern California district.
But that hasn't stopped a public debate that exploded in the wake of the 66-year-old jurist's ruling. Most of the criticism has come from opponents of same-sex marriage.
"Here we have an openly gay federal judge, according to the San Francisco Chronicle, substituting his views for those of the American people and of our Founding Fathers who, I promise you, would be shocked by courts that imagine they have the right to put gay marriage in our Constitution," said Maggie Gallagher, chairwoman of The National Organization for Marriage, a group that helped fund Proposition 8.
In response, the Gay and Lesbian Victory Fund, a political action committee for gay candidates, launched an online petition accusing Gallagher's group of "gay-baiting."
But the debate raises the question: Why is sexuality different from other personal characteristics judges posses? Can a female judge rule on abortion issues? A Black judge on civil rights?
"The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal," Walker wrote in his exacting, 136-page opinion.
Gerard Bradley, a law professor at the University of Notre Dame, published a Fox News column in the hours before Walker filed his opinion faulting the media for not forcing Walker to address his sexual orientation.
And Byran Fischer, issues director for the American Family Association, urged the group's members to contact their congressional representatives about launching impeachment proceedings because Walker had not recused himself from a case in which "his own personal sexual proclivities utterly compromised his ability to make an impartial ruling."
William G. Ross, an expert on judicial ethics and law professor at Samford University in Alabama, said that a judge's sexual orientation has no more relevance to his or her ability to rule fairly on a case involving gay marriage than it would for a deeply religious judge or a judge who had been divorced multiple times.
"Under the logic of the people challenging the judge's fitness to rule on a case involving gay rights because he or she was gay, one would have to find a eunuch to serve on the case, because one could just as easily argue that a heterosexual judge couldn't rule on it either," Ross said.
Months before Walker struck down Proposition 8 as an unconstitutional violation of gay Americans' civil rights, members of the team defending the ban in court had complained about what they perceived as judicial bias.
Over their vigorous objections, Walker pushed to have the proceedings televised live, a plan the U.S. Supreme Court quashed at the last minute. Then, he refused to excuse as a witness a Proposition 8 supporter who had compared gays to child molesters during the 2008 campaign. Lawyers for the two same-sex couples who sued to invalidate the ban had called him as a witness to try to prove the measure was fueled by anti-gay prejudice.
Nevertheless, the defense does not plan to raise the specter of the judge's sexual orientation as they appeal his ruling to the 9th U.S. Circuit Court of Appeals, said Jim Campbell, a lawyer with the defense team.
"The bottom line is this case, from our perspective, is and always will be about the law and not about the judge who decides it," Campbell said. "It's just something that collectively as a legal team we have decided and going up, that's what this case is. The appellate courts are going to focus on the law."
Walker has ruled in at least two other cases involving gay rights issues during his two decades as a judge. In 1999, he rejected arguments from the parents of a San Leandro boy who claimed their religious rights were violated by pro-gay comments their son's teacher had made in the classroom.
In the other case, he dismissed a free speech claim by two Oakland city employees whose managers had confiscated a bulletin board flier for a religious group that promoted "natural family, marriage and family values." The city had "significant interests in restricting discriminatory speech about homosexuals," Walker wrote in his 2005 ruling.
Until this week, though, Walker had come under more criticism for representing the U.S. Olympic Committee in a lawsuit against a gay ex-Olympian who had created the so-called Gay Olympics. Walker won, forcing the Gay Olympics to become the Gay Games. He also aggressively pursued legal fees by attaching a $97,000 lien to the home of the organization's founder while he was dying of AIDS.
Gay activists cried foul, and his appointment to a federal judgeship was delayed for two years in the waning days of Ronald Reagan's presidency.
Civil rights groups also opposed Walker's nomination because of his 15-year membership in the Olympic Club, an all-male athletic club that had only recently admitted its first Black members. California's senior senator at the time, Democrat Alan Cranston, used the club issue to question Walker's fitness for the bench.
Observers usually describe him as a maverick who delights in keeping people guessing. They still are.
On the day of closing arguments in the gay marriage ban case, Walker said it was appropriate that the case was wrapping up in June.
"June, after all, is the month for ... " He let his deep voice trail off, and smiled at the predominantly gay courtroom.
Many froze, wondering if he would refer to the month in which San Francisco celebrates gay pride like Mardi Gras. Would that be a nod to rumors he was gay?
Walker waited a beat longer, savoring the pregnant pause.
"... weddings."
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