The Volokh Conspiracy
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Today in Supreme Court History: August 4, 1961
8/4/1961: President Barack Obama's birthday. He would appoint two Justices to the Supreme Court: Sonia Sotomayor and Elena Kagan.

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Truong Dinh Hung v. United States, 439 U.S. 1326 (decided August 4, 1978): Brennan, reversing Circuit Court, allowed bail pending appeal of espionage conviction (passing along government secrets, theft of government property, acting as unregistered foreign agent) (this was in connection with Carter's negotiations with the Socialist Republic of Vietnam on normalization of relations, return of prisoners, etc.); defendant, Vietnamese citizen, did not have permanent residence in U.S. and was in contact with Vietnamese ambassador in Paris, but Brennan notes "opportunity" to flee does not equal "inclination" to flee; defendant had resided here for 13 years, was close to his sister, a permanent resident who owned a house here, and "numerous affidavits" attested to his character and "reliability as a bail risk". (Convictions were affirmed on full appeal in 1981, and cert denied. Truong was paroled in 1986, married an American college professor, and moved to the Netherlands, working as an economist for the EU.)
The reason for bail was Brennan's doubt that a warrantless wiretap would be upheld on appeal.
Thanks. Apparently it was.
Well, it could have been worse if Garland made it to the Court.
Did pretty well for the son of a British Army cook.
Technically he appointed three.
Technically he nominated three. He wanted to appoint three. But ultimately, he only appointed two.
You're relying on that so-called birth certificate, aren't you?
/sarc /sarc /sarc
Funny how Democrats never nominate an Italian American but how often they nominate Jewish Americans...says a lot how Italians once a major part of the democratic party were pushed aside by Jewish Liberals...Italians were never the "right" kind of liberals for them...too "Catholic"..too "Conservative" values like anti abortion, not socialist enough...
Seriously why have Democratic Presidents never nominated an Italian American?