Word: sobeloff
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Judge) Simon Sobeloff puts it: "Many people think quickly but inaccurately, or perceive clearly but take too long getting there. Kamisar combines the two virtues...
Howard then took his case to the U.S. Court of Appeals, and last month in Richmond, Judge Simon Sobeloff was also puzzled by the superintendent's behavior. If getting the names of Howard's fellow Muslims was so vital, said Sobeloff, Cunningham could have asked all those who wanted services to sign a list. Because the prison records gave no indication of why Howard was confined, other than "for the good of the institution," the three-judge Appeals Court unanimously held that he was being arbitrarily punished "for making a reasonable attempt to exercise his religion...
Suitable Deluge. Sobeloff's decision apparently struck a nerve. Last week Virginia's Attorney General Robert Y. Button asked for a rehearing before the full bench on the ground that the case is "of major importance." The court, said Button, has "now substituted its judgment for that of experienced penal administrators." Button cited testimony by Cunningham, who is now director of the Division of Corrections, that "if a Catholic boy came to me, or a Protestant boy came to me, saying he represented a certain group of prisoners and refused to give me their names, he would...
Criminal Government. The U.S. Court of Appeals for the Fourth Circuit could not have disagreed more strongly. Speaking for that unanimous court, Judge Simon Sobeloff (former U.S. Solicitor General) pointed out that the Baltimore police "repentance" occurred well after it became "manifest" that the Veneys had skipped town. (The FBI eventually nabbed them in New York.) Unlike Judge Thomsen, Sobeloff was unmoved by the cops' self-policing order. "The determination of what constitutes probable cause," he said, "is still left to the policeman...
...rare order, the court has just declared that Baltimore police may no longer stage raids "where the belief that the person is on the premises is based only on an anonymous tip and hence without probable cause." Sobeloff stressed a key reason for the decision: "Lack of respect for the police is conceded to be one of the factors generating violent outbursts in Negro communities." And he pointedly quoted the late Justice Louis D. Brandeis: "If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy...