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...before last year's Prop 8 made gay marriage illegal there. That state constitutional amendment will itself be on trial beginning in January, when a U.S. district judge in San Francisco will hold the first federal jury trial on whether the U.S. Constitution requires that gay couples be given the opportunity to be married. As chief judge of the circuit, Kozinski will then almost certainly hear the Prop 8 case when it goes on appeal. (Watch TIME's video "Gay Marriage in the Heartland...
...judges that ruled that the Bush Administration crackdown on California's medical-marijuana laws was unconstitutional, though that was later reversed on appeal. More recently, he has had to apologize for posting sexually explicit images on a private website that was inadvertently made available to the public. He was given a warning by judicial ethics authorities, who found he had not violated any ethics rules. While his orders in the Golinski dispute make clear that the unequal treatment of gays raises significant constitutional questions for him, he did not tip his hand as to how he'd ultimately decide those...
...didn't come back with any diplomatic victories from Asia. He allowed Khalid Sheikh Mohammed and the other 9/11 plotters to be tried in the U.S. criminal-justice system rather than by the military. He has dithered too long on Afghanistan. He has devoted too much attention to - and given congressional Democrats too much control over - health care reform, an issue that is peripheral to a majority of Americans...
...While the Hajj normally attracts pilgrims from all sects of Islam and all walks of life, concerns over swine flu have cast a shadow over this year's event; the prospect of millions of potential flu carriers mingling in Mecca has given health experts fits. Four early pilgrims have already died from the virus and Saudi officials have enacted a number of measures to combat the spread of the disease. Along with screening for flu-like symptoms at the Jeddah airport and distributing hygiene kits, health ministers have recommended that pregnant women, children and elderly worshipers stay home...
...urging the Brazilian leader to back it. Washington's pique is hardly surprising, since the visit comes at a moment when the U.S. is seeking to rally an international united front to coerce Iran into limiting its nuclear ambitions. But the scolding seems less justified to many observers, given that the promise of engagement was a central theme of President Obama's own election campaign...