How Appealing

Tuesday, January 31, 2006


In news from Hawaii: The Honolulu Star-Bulletin today contains an article headlined "Public-jobs law disturbs judge; A suit claims the law barring nonresidents from government jobs is discriminatory" that begins, "A federal judge said he is troubled by a state law that prohibits out-of-state residents from applying for public employment, suggesting that the state Legislature review it."

And The Honolulu Advertiser reports today that "Hiring law troubling, judge in lawsuit says."
Posted at 11:44 PM by Howard Bashman




"Months later, the Al-Arian verdict opens new wounds; An Israeli family who wanted the jury to hear how they lost a daughter in a Palestinian terror attack never got the chance": This article appears today in The St. Petersburg Times.
Posted at 11:40 PM by Howard Bashman



In Wednesday's edition of The Washington Post: A front page article will report that "Alito Is Sworn In On High Court; Senators Confirm Conservative Judge Largely on Party Lines."

And Dana Milbank's "Washington Sketch" column will bear the headline "New Justice's First Challenge: Clap On or Clap Off?."
Posted at 11:24 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Alito Confirmed as Newest Supreme Court Justice"; "Alito to Change High Court's Configuration" (featuring Nina Totenberg); and "Prosecutors Lay Out Case in Enron Fraud Trial." RealPlayer is required to launch these audio segments.
Posted at 10:33 PM by Howard Bashman



Available online from law.com: T.R. Goldman reports that "Alito Sworn In After 58-42 Vote."

An article reports that "Prosecutor Says Lay-Skilling Case Is All About Lies."

And in other news, "Stop Ga. Death Penalty Until Problems Solved, Report Says; ABA study cites habeas issues, jury confusion."
Posted at 10:20 PM by Howard Bashman




"Appeals Courts Declare Limits on Partial Birth Abortion Unconstitutional": Henry Weinstein of The Los Angeles Times provides this news update.
Posted at 10:15 PM by Howard Bashman



In Wednesday's edition of The New York Times: Adam Liptak will have a news analysis headlined "Alito Vote May Be Decisive in Marquee Cases This Term."

And in related coverage, "Alito Sworn In as Justice After Senate Gives Approval."
Posted at 10:12 PM by Howard Bashman




In attendance at tonight's State of the Union address: From the Supreme Court of the United States, Chief Justice John G. Roberts, Jr. and Associate Justices Clarence Thomas, Stephen G. Breyer, and Samuel A. Alito, Jr.
Posted at 10:04 PM by Howard Bashman



"Patriot Act provision could limit inmate appeals": James Kuhnhenn of Knight Ridder Newspapers provides this report.
Posted at 08:54 PM by Howard Bashman



"Alito lends touch of drama to State of the Union; If new justice attends Tuesday night's address, he'll make history": Tom Curry, national affairs writer for MSNBC, provides this report.

The Chicago Tribune on Wednesday will report that "Alito confirmed, sworn in for high court."

The Hill on Wednesday will report that "Senate confirms Alito to the Supreme Court."

And Patti Waldmeir of Financial Times provides a news update headlined "Boost for Bush as Alito is confirmed."
Posted at 08:40 PM by Howard Bashman




"Supreme Court Blocks Florida Execution": The Associated Press provides a report that begins, "The Supreme Court on Tuesday blocked the execution of a man who killed a woman in her bathtub a decade ago, granting a stay to a Florida death row inmate for the second time in a week."
Posted at 08:30 PM by Howard Bashman



Role reversal: Rarely do plaintiffs argue that their cases aren't worth that much, but one well-established exception is after a case is removed from state to federal court based on diversity jurisdiction and then dismissed on the merits in federal court. Today, Circuit Judge Frank H. Easterbrook, on behalf of a unanimous three-judge Seventh Circuit panel, issued an opinion rejecting the plaintiff's argument that a dismissed slip-and-fall lawsuit against Red Roof Inns arising from an icy sidewalk in Indiana didn't assert a claim worth more than $75,000. Today's decision contains an interesting discussion of how a settlement demand of less than $75,000 can establish that the true value of a claim is in excess of $75,000.
Posted at 05:28 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Appeals Courts Uphold Abortion Finding" and "Chafee Takes GOP Maverick Role, Again."
Posted at 05:22 PM by Howard Bashman



Bring on the asterisk: In response to this earlier post, a reader emails:
Clearly there should be two records, just as the baseball record books still list Babe Ruth as the record holder for most HR's in a 154 game season.

Longest serving junior Justice w/ 7 seats on SCOTUS: Joseph Story.

Longest serving junior Justice w/ 9 seats on SCOTUS: Stephen Breyer.

Baseball fans may find some information of interest here.
Posted at 04:58 PM by Howard Bashman



"President Congratulates Judge Alito on Senate Confirmation": The White House issued this press release today.
Posted at 04:08 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "Slate's Jurisprudence: Alito Confirmed, Enron Trial" (featuring Dahlia Lithwick) and "Enron Trader Tapes Available on the Internet" (the tapes and transcripts can be accessed via this link). RealPlayer is required to launch these audio segments.
Posted at 04:05 PM by Howard Bashman



"Tap Dancing -- Bush's wiretapping program: yes or no?" Here at The New Republic Online, Harvard Law Professor Philip B. Heymann debates Seventh Circuit Judge Richard A. Posner.
Posted at 03:50 PM by Howard Bashman



"Senate Confirms Alito to the Supreme Court; Nation's 110th Justice Sworn in by Chief Justice Roberts": law.com provides this news update.
Posted at 03:45 PM by Howard Bashman



Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "First decision to apply Ayotte ruling" and "Alito takes oath, now a Justice."
Posted at 03:40 PM by Howard Bashman



"We remand this case to the district court with the recognition that it may apply the principles of traditional salvage law to the wreck of the Titanic in a manner that serves either the owner or, absent an owner, the public interest and at the same time provides an appropriate award to the salvor." If today's two federal appellate partial-birth abortion rulings haven't provided enough excitement (see my earlier posts here and here), the Fourth Circuit today has issued an opinion involving an actual (as opposed to merely jurisprudential) shipwreck. To learn how the battle over who owns what's left of the R.M.S. Titanic will be resolved, you can access today's Fourth Circuit ruling at this link.
Posted at 03:28 PM by Howard Bashman



BREAKING NEWS -- U.S. Court of Appeals for the Second Circuit affirms district court decision holding Partial-Birth Abortion Ban Act of 2003 unconstitutional but requests additional briefing on the question of remedy: Today's ruling by a three-judge Second Circuit panel, in which each judge on the panel has issued a separate opinion, can be accessed here.

Senior Circuit Judge Jon O. Newman delivered the opinion of the court. Chief Judge John M. Walker, Jr. issued a concurring opinion expressing dissatisfaction with the U.S. Supreme Court's current abortion jurisprudence. Chief Judge Walker's concurrence states, "I write separately, however, to express certain concerns with the Supreme Court's abortion jurisprudence generally and with Stenberg in particular."

Circuit Judge Chester J. Straub dissented from today's ruling and would have held constitutional the ban on so-called "partial birth" abortion. In the dissenting opinion, he writes, "I find the current expansion of the right to terminate a pregnancy to cover a child in the process of being born morally, ethically, and legally unacceptable." For those who care about such things, Judge Straub was nominated to the Second Circuit by President William J. Clinton.
Posted at 03:04 PM by Howard Bashman




"The Failed Alito Filibuster": Rick Hasen has this post today at the "Election Law" blog.

And at "PrawfsBlawg" -- in a post titled "Poor Justice Breyer..." -- Steve Vladeck reminds us that Justice Stephen G. Breyer missed being the longest-serving "junior" Associate Justice on the U.S. Supreme Court by "that much." The record holder remains Justice Joseph Story. A question for statisticians and other mathletes in the audience is whether it's fair to compare without any adjustment Justice Story's tenure as junior Associate Justice with Justice Breyer's given that, when Story established his record, the Court consisted of merely seven Justices (see also here). In other words, wouldn't a vacancy among the Associate Justice ranks be actuarially more likely to occur on a Court of nine than a Court of seven? If so, then maybe Justice Breyer has an arguable claim to the record even now.
Posted at 03:00 PM by Howard Bashman




"Court Upholds Challenge to Abortion Limit": The Associated Press provides this report. My earlier coverage is here.
Posted at 02:35 PM by Howard Bashman



Don't close the book quite yet on Third Circuit Judge Samuel A. Alito, Jr.: Demonstrating a belief in finishing what he started, Circuit Judge Alito today issued three opinions for the Third Circuit and also an order amending opinion. None of today's opinions appear particularly filibuster-worthy, although in one Judge Alito cast the deciding vote. Another involved an airport search that went bad from the perspective of the traveler. And in the third, Judge Alito on behalf of a unanimous three-judge panel reinstates a female letter carrier's claims for retaliation and sex discrimination pursuant to Title VII of the Civil Rights Act of 1964.

Today could be the final day in which Alito officially participates in disposing of cases on behalf of the Third Circuit, although, as Chief Justice John G. Roberts, Jr. recently demonstrated, anything is possible.
Posted at 02:28 PM by Howard Bashman




BREAKING NEWS -- U.S. Court of Appeals for the Ninth Circuit affirms district court decision holding Partial-Birth Abortion Ban Act of 2003 unconstitutional: You can access today's ruling, written by Circuit Judge Stephen Reinhardt on behalf of a unanimous three-judge panel, at this link.

Today's opinion begins:

This appeal presents a challenge to the constitutionality of the Partial-Birth Abortion Ban Act of 2003, Pub. L. No. 108-105, 117 Stat. 1201 (codified at 18 U.S.C. § 1531). We, like every other federal court that has considered the question, conclude that both the Constitution and the law as established by the Supreme Court require us to hold the Act unconstitutional. Unlike the other courts, however, we do so after fully considering the Supreme Court's recent decision in Ayotte v. Planned Parenthood of N. New England, No. 04-1144 (U.S. Jan. 18, 2006). In light of Ayotte, we conclude that the only appropriate remedy is to enjoin enforcement of the Act and we now affirm the district court's grant of a permanent injunction.
The U.S. Court of Appeals for the Eighth Circuit, back in July 2005, likewise held this law unconstitutional. My report on that ruling can be accessed here. The federal government has filed a petition for writ of certiorari asking the U.S. Supreme Court to review the Eighth Circuit's decision. The cert. petition is fully briefed and awaits action from the Court.

I'll leave it to conspiracy theorists to ponder over whether more than mere coincidence explains Judge Reinhardt's issuance of today's ruling in typescript form on the same day that the U.S. Senate confirmed Samuel A. Alito, Jr. to the U.S. Supreme Court.
Posted at 01:28 PM by Howard Bashman




"Alito Is Sworn in for Supreme Court": Jesse J. Holland of The Associated Press provides this report.
Posted at 01:24 PM by Howard Bashman



"Senate approves Alito, 58-42": Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:24 PM by Howard Bashman



BREAKING NEWS: It's official -- more than 50 U.S. Senators have voted to confirm Samuel A. Alito, Jr. to serve on the Supreme Court of the United States.

And Jesse J. Holland of The Associated Press reports that "Senate Confirms Alito to Supreme Court."

The final vote tally was 58-42.
Posted at 11:09 AM by Howard Bashman




A first for the Third: When the U.S. Senate moments from now votes to confirm Samuel A. Alito, Jr. to serve on the Supreme Court of the United States, he will become the first judge from the U.S. Court of Appeals for the Third Circuit to join the U.S. Supreme Court.

By my calculation, this leaves only the Fourth, Fifth, Tenth, Eleventh, and Federal Circuits as the U.S. Courts of Appeals that haven't yet had one of their judges promoted to the U.S. Supreme Court.

Update: To clarify one issue, the starting point for my inquiry is in 1891, when Congress passed the Evarts Act, which created the U.S. Courts of Appeals as we currently have them today. As a result, Justice William Burnham Woods, who served on the U.S. Circuit Courts for the Fifth Circuit before joining the U.S. Supreme Court, doesn't count.
Posted at 11:00 AM by Howard Bashman




Wishing Justice Sandra Day O'Connor all the best for the future: In her letter to President Bush, Justice O'Connor stated that she would retire from the Supreme Court of the United States "effective upon the nomination and confirmation of my successor." Justice O'Connor's retirement is thus scheduled to take effect within the next hour and a half when the U.S. Senate's vote to confirm Samuel A. Alito, Jr. is announced.

As noted here, Justice O'Connor was nominated by President Ronald Reagan on July 7, 1981 and was sworn in on September 25, 1981. She was the first woman appointed to the Supreme Court of the United States. She has been referred to as the most powerful woman in the United States. Slate's conversation about Justice O'Connor's legacy can be accessed here.

Upon Justice O'Connor's retirement, every case that has been argued thus far this Term but not yet decided will either be decided by the other eight current Justices (or fewer, if there are other recusals) or will be reargued before the Court with Justice Alito on the bench. A list showing the status of cases the Court has agreed to hear on the merits this Term can be viewed at this link.

Meanwhile, Justice O'Connor bobblehead dolls remain up for auction at eBay, as described in this earlier post.
Posted at 10:35 AM by Howard Bashman




"Ebbers's Prosecutors Questioned on Tactics": The Washington Post today contains an article that begins, "Federal judges hearing former WorldCom Inc. chief executive Bernard J. Ebbers's appeal of his fraud conviction sharply questioned prosecutors Monday about whether the government used the immunity process to take an unfair tactical advantage."
Posted at 10:25 AM by Howard Bashman



"Enron Jury Is Selected in One Day as Judge Sets Brisk Pace; Lawyers for defendants Lay and Skilling say they are pleased with the members of the panel": This article appears today in The Los Angeles Times.

The Chicago Tribune reports today that "Enron drama begins in Houston; 1st arguments set in trial of 2 top execs."

USA Today reports that "Enron jury gets seated in 8 hours flat."

The Houston Chronicle today contains articles headlined "'You will be the judges of the facts,' jurors told"; "Less flash, more value in openings"; and "Scores of reporters -- and a rapper; Media flock here for trial, but find little in the way of news on Day 1."

The Dallas Morning News reports that "Jury is seated in Enron trial; Defense pleased with panel, which judge had pledged to pick in a day."

The Associated Press reports that "Opening Statements Next Step in Enron Case."

Today's broadcast of NPR's "Morning Edition" contained a segment entitled "Opening Statements to Begin in Enron Trial."

And CBS News legal analyst Andrew Cohen has an essay entitled "Enron: Where The Market Met The Law."

The Houston Chronicle's "Enron: TrialWatch" blog provides updated coverage throughout the day.
Posted at 10:12 AM by Howard Bashman




"Justices get rolling on injured skateboarder's case; They will decide whether parents can waive their children's rights to sue": The Newark (N.J.) Star-Ledger today contains an article that begins, "In a case involving a 12-year-old skateboarder's broken leg, the state Supreme Court has been asked to decide whether parents can sign away their children's rights to sue. The boy is suing the commercial skateboarding park where he was hurt, even though his mother had signed a form giving up that right."
Posted at 10:00 AM by Howard Bashman



The up-or-down vote in the U.S. Senate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States will occur today at 11 a.m.: Final debate on the matter begins at 9:45 a.m., when the Senate starts work for the day. You can view the debate and vote live, online via C-SPAN2 (RealPlayer required).

The Newark (N.J.) Star-Ledger reports today that "Democrats lose last bid to block Alito nomination."

The Sacramento Bee reports today that "Smooth sailing ahead for Alito; Full Senate is expected to approve high court nominee this morning."

CNN.com reports that "Alito confirmation expected today; Democratic attempt to block his nomination defeated."

Jesse J. Holland of The Associated Press reports that "Alito on His Way to Confirmation."

Thomas Ferraro of Reuters reports that "Senate set to confirm Alito to Supreme Court."

And yesterday's broadcast of NPR's "All Things Considered" contained a segment entitled "Senate Ends Debate on Alito Nomination; Vote Nears."
Posted at 09:45 AM by Howard Bashman




"Alito Seen as Carrying the Torch of Reagan": David G. Savage has this article today in The Los Angeles Times, which also reports that "Attempt to Filibuster Alito Goes Nowhere; Nearly half of the Senate's Democrats vote to end debate over the high court nominee, who is expected to be confirmed today."

The Chicago Tribune reports today that "Senate paves way for Alito's confirmation; 72-25 vote defeats Democratic filibuster." And in related coverage, "Obama packs 'em in, riffs on Iraq, Alito."

In The New York Sun, Josh Gerstein reports that "Senate Is Set To Confirm Judge Alito." And an editorial is entitled "Out of the Mainstream."

USA Today reports that "Democrats clear way for Alito vote."

Newsday reports that "Dems' filibuster fizzles."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito moves toward confirmation vote today after filibuster dies."

In The Boston Globe, Charlie Savage reports that "Alito filibuster effort falls short; Kennedy, Kerry divide Democrats."

The San Francisco Chronicle reports that "Dems fail to prevent Alito vote; Nominee expected to win confirmation to Supreme Court."

The Washington Times contains articles headlined "Senate rejects filibuster of Alito" and "Opposing Alito may dog Chafee re-election bid."

The New York Daily News reports that "No filibuster Alito on way to top court."

The Rocky Mountain News reports that "Salazar votes to end debate."

The Providence Journal contains articles headlined "Chafee won't support Alito" and "In R.I, abortion could become primary issue." And columnist M. Charles Bakst has an op-ed entitled "Chafee-Alito: Must this be so difficult?"

The Pawtucket Times reports that "Chafee against Alito."

The Indianapolis Star reports that "Alito filibuster fails; Bayh, Lugar split."

The Arkansas Democrat-Gazette reports that "Lincoln, Pryor vote against Alito filibuster."

The Arkansas News Bureau reports that "Pryor meets with Gang of 14 on Alito."

The Arizona Republic contains an editorial entitled "Alito ready, able to replace O'Connor."

The Pueblo Chieftain contains an editorial entitled "Cruel irony."

And in The Wisconsin State Journal, columnist Bill Wineke has an op-ed entitled "Alito's effect will be on new issues of the future."
Posted at 07:05 AM by Howard Bashman




"Weighing a Justice: Antonin Scalia's judicial philosophy is not just a cover for conservative ideology." Today in The Wall Street Journal, Law Professor John O. McGinnis has this review of Ralph A. Rossum's new book, "Antonin Scalia's Jurisprudence."
Posted at 07:00 AM by Howard Bashman



"Trial Opens in Challenge to Law Over Teenage Sex": The New York Times today contains an article that begins, "A federal trial opened here Monday over whether a Kansas law prohibiting virtually all sexual activity by people under age 16 means health care professionals and educators must report such behavior to state authorities, which some say would stop many teenagers from seeking contraception or treatment for sexually transmitted diseases."

The Wichita Eagle reports today that "Teen sex reports a bad idea, 2 testify."

The Associated Press reports that "Judge Hears Case on Kan. Juvenile Sex Law."

And in The Chicago Tribune, Dennis Byrne has an op-ed entitled "Linking statutory rape and abortion."
Posted at 06:55 AM by Howard Bashman




"Open courtroom urged in Hamas case": The Chicago Tribune today contains an article that begins, "The Chicago Tribune and more than 20 advocacy groups representing civil rights activists, the Arab-American community and others urged a federal judge Monday not to close her courtroom when Israeli security agents testify at a hearing in March."
Posted at 06:50 AM by Howard Bashman



"Angels' name prompts devil of a lawsuit; City of Anaheim, Calif., seeking more than $100M in damages from baseball team": USA Today contains this article today.
Posted at 06:44 AM by Howard Bashman


Monday, January 30, 2006


"Bush judge under ethics cloud: James H. Payne broke the law by ruling on corporations in which he held financial interests; Now Bush's nominee to the nation's second-highest court has the Senate and a top judge on his case." This article bearing tomorrow's date is available at Salon.com. And Salon's earlier report on the matter can be accessed here.
Posted at 11:33 PM by Howard Bashman



Available online from law.com: Justin Scheck reports that "9th Circuit Fishes for Punitive Fix in Exxon Case."

In other news, "Ebbers' Appeal Argument Claims Prosecution Prevented Key Witnesses From Testifying."

An article reports that "Calif. Appeal Courts at Odds Over Meal Breaks."

And in news from New Jersey, "Bush Names Five to Federal Bench; Bumb, Hillman, Sheridan, Wigenton to district court; Chagares to circuit."
Posted at 11:23 PM by Howard Bashman




"Enron Jury Chosen in First Day, Setting Stage for Opening Arguments": The New York Times on Tuesday will contain this article.

Tuesday's edition of The Washington Post will report that "Jury Chosen for Lay, Skilling; Former Enron Executives' Trial, Which Starts Today, Caps Era of Corporate Scandal."

And The Dallas Morning News provides an update headlined "Jury is seated in Enron trial; Defense pleased with panel, which judge had pledged to pick in a day."
Posted at 11:15 PM by Howard Bashman




"Senate Clears Way for Vote to Confirm Court Nominee": This article will appear Tuesday in The New York Times, along with an article headlined "Two Nominee Strategies. One Worked."

And The Washington Post on Tuesday will contain a front page article headlined "Senate to Vote On Alito Today; Confirmation Near as Filibuster Fails."
Posted at 11:10 PM by Howard Bashman




"Kennedy Seen as The Next Justice In Court's Middle; Alito Expected to Tilt Conservative": Charles Lane will have this article Tuesday in The Washington Post.

The Chicago Tribune on Tuesday will report that "Filibuster attempt fails; Alito likely to be confirmed Tuesday."

The San Francisco Chronicle provides a news update headlined "Democrats don't get support for Alito filibuster; Just 25 votes of 41 needed means conservative is headed to Supreme Court."

The Hill on Tuesday will contain articles headlined "Nuke option fizzles with easy cloture" and "Ford, black leaders at odds over Alito."

And in Tuesday's issue of Financial Times, Patti Waldmeir has an article headlined "Conservatives join court, but how will they vote?"
Posted at 10:00 PM by Howard Bashman




"Judge seats jury in Enron trial; Lay says trial is an opportunity to clear his name": The Houston Chronicle provides this news update.

The New York Times provides a news update headlined "Jury Picked in Enron Trial."

And The Associated Press reports that "Jury Selected for Enron Trial."
Posted at 08:22 PM by Howard Bashman




"Anti-Alito filibuster soundly defeated; Final confirmation of Supreme Court nominee expected Tuesday": CNN.com provides this report.

And Thomas Ferraro of Reuters reports that "Senate clears way for Alito confirmation."
Posted at 08:15 PM by Howard Bashman




"Why Bush won the Alito fight: A look at the decisive dates in the struggle over the Supreme Court." Tom Curry, national affairs writer for MSNBC, provides this news analysis.
Posted at 08:10 PM by Howard Bashman



"Science Puts Enron E-Mail to Use": Wired News provides this report.
Posted at 05:58 PM by Howard Bashman



"DNA tests gain ground as legal defense; Even prosecutors are embracing the technology as a protection against wrongful imprisonment": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:54 PM by Howard Bashman



"Senate Moves Alito Close to Confirmation": Jesse J. Holland of The Associated Press provides an updated report that begins, "The Senate all but guaranteed Samuel Alito's confirmation as the nation's 110th Supreme Court justice Monday, shutting down a last-minute attempt by liberals to block the conservative judge's nomination with a filibuster."
Posted at 05:50 PM by Howard Bashman



"Filibuster Effort Shows Intensity of Alito Opposition; Filibuster vote, expected tally on final confirmation demonstrate depth of opposition to Alito record and judicial philosophy": People For the American Way has issued this press release.

And the National Women’s Law Center has issued a press release entitled "Sad Day for Women's Fundamental Rights and Freedoms."
Posted at 05:34 PM by Howard Bashman




The U.S. Senate has voted to invoke cloture on the debate over the nomination of Samuel A. Alito, Jr. to the Supreme Court of the United States: The vote in favor of cloture was 72-25, exceeding the 60 votes required to end debate. The official roll call vote tally is here.

The up-or-down vote on confirmation is scheduled to occur at 11 a.m. tomorrow.
Posted at 05:29 PM by Howard Bashman




"Senate to Decide on Ending Alito Debate": Jesse J. Holland of The Associated Press provides this update. Based on the votes cast thus far, it sounds like cloture will be invoked by a comfortable margin.
Posted at 05:02 PM by Howard Bashman



"Haleigh Poutre is no Terri Schiavo": Cathy Young has this op-ed today in The Boston Globe.
Posted at 04:50 PM by Howard Bashman



"EBay v. MercExchange Amicus Briefs": "Patently-O: Patent Law Blog" offers this post today summarizing and linking to the amicus briefs.
Posted at 04:48 PM by Howard Bashman



Just moments from now: The U.S. Senate is about to begin voting on whether to invoke cloture of the debate over whether Samuel A. Alito, Jr. should be confirmed to the Supreme Court of the United States. Such votes tend to take about 45 minutes to conclude. You can view the voting live, online via C-SPAN2 (RealPlayer required).
Posted at 04:30 PM by Howard Bashman



Samuel A. Alito, Jr. will still receive more senatorial support from the Third Circuit than Chief Justice John G. Roberts, Jr. received from the D.C. Circuit: Only two of the six U.S. Senators who come from the States within the jurisdiction of the Third Circuit -- the two Republican Senators from Pennsylvania -- will vote to confirm Judge Alito.

Update: In response to this post, a reader emails, "0/0 is undefined!"
Posted at 03:05 PM by Howard Bashman




New Jersey's junior U.S. Senator, Robert Menendez (D-NJ), announces that he will vote against confirmation of New Jersey native Samuel A. Alito, Jr. to the Supreme Court of the United States: The Senator's speech -- his first ever on the floor of the U.S. Senate -- is underway now.
Posted at 02:42 PM by Howard Bashman



"No appellate court has yet decided whether adding named plaintiffs to a class action suit 'commences' a new suit for purposes of removal under CAFA." Once again, the U.S. Court of Appeals for the Seventh Circuit has issued a ruling construing the Class Action Fairness Act of 2005. Today's opinion, written by Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel, can be accessed here.
Posted at 02:35 PM by Howard Bashman



New Jersey's senior U.S. Senator, Frank R. Lautenberg (D-NJ), announces that he will vote against confirmation of New Jersey native Samuel A. Alito, Jr. to the Supreme Court of the United States: The Senator's speech is underway now on the floor of the U.S. Senate.
Posted at 02:28 PM by Howard Bashman



Fourth Democratic U.S. Senator plans to vote to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States: U.S. Senator Kent Conrad (D-ND) has issued a press release entitled "Conrad To Vote In Favor of Alito; Senator Accepts Judge's Personal Pledge."
Posted at 02:10 PM by Howard Bashman



"Appeals Judges Question Ebbers Sentence": The Associated Press provides a report that begins, "A lawyer for former WorldCom Corp. chief Bernard Ebbers found a receptive audience Monday in appeals court judges who questioned the fairness of prosecutors and of the 25-year sentence Ebbers faces for an $11 billion fraud."
Posted at 12:55 PM by Howard Bashman



"Democrats unlikely to sustain filibuster against Alito": CNN.com provides this report.
Posted at 12:54 PM by Howard Bashman



"The filibuster fiasco: If they had geared up from the start to stop Alito, the Dems might have at least won a political battle; Now they'll lose both ways." Walter Shapiro has this essay at Salon.com.

At National Review Online, Law Professor Douglas W. Kmiec has an essay entitled "Injudicious: John Kerry's threat."

And at The Nation, John Nichols of "The Online Beat" blog has a post titled "Checks, Balances and the Duty to Filibuster."
Posted at 12:28 PM by Howard Bashman




They paved paradise and put up a tax-exempt parking lot: The Pittsburgh Post-Gazette today contains an article headlined "Church parking lots win tax plea; High court ruling could affect property throughout state."

Earlier this month, The Harrisburg Patriot-News reported that "Court's ruling gives church tax break on vital parking lot."

The ruling that the Supreme Court of Pennsylvania issued late last month is available online (majority opinion; dissenting opinion).
Posted at 12:25 PM by Howard Bashman




"Chafee statement on Judge Alito nomination": U.S. Senator Lincoln Chafee (R-RI) has issued a four-page statement that concludes, "I am a pro-choice, pro-environment, pro-Bill of Rights Republican and I will be voting against this nomination."

And The Providence Journal offers a news update headlined "Chafee will vote against Alito." The update concludes, "Chafee had committed himself to help fellow Republicans break a last-ditch Democratic filibuster of the nomination. He re-affirmed that stand this morning."
Posted at 11:48 AM by Howard Bashman




"Enron Trial Puts Focus on Fastow; Testimony by Ex-Finance Chief Will Likely Pose Challenges For Both Defense and Prosecution": This article (pass-through link) appears today in The Wall Street Journal.
Posted at 11:00 AM by Howard Bashman



U.S. Senator Lincoln Chafee (R-RI) to vote against the confirmation of Samuel A. Alito, Jr. to the Supreme Court of the United States: He becomes the first Republican to announce an intended "no" vote against the nominee. Details here.
Posted at 10:55 AM by Howard Bashman



"German patent court rules in RIM's favor": Reuters provides this report. Research In Motion's press release issued today is here.
Posted at 10:50 AM by Howard Bashman



"Kennedy Leads Final Effort to Block Alito": Jesse J. Holland of The Associated Press provides this report.
Posted at 10:44 AM by Howard Bashman



"John Kerry's Last Stand: The Alito Filibuster Backstory." The first substantive (in a manner of speaking) post of the new "Wonkette" is here.
Posted at 10:40 AM by Howard Bashman



"Trial of Enron ex-bosses to begin today; Finding unbiased jurors may be tough": This article appears today in The Toronto Globe and Mail.

Today's broadcast of NPR's "Morning Edition" contained a segment entitled "Jury Selection Begins in Enron Fraud Trial" (RealPlayer required).

Reuters reports that "Jury selection starts in long-awaited Enron trial."

And The Associated Press reports that "Enron's Lay, Skilling Arrive at Court."

The Houston Chronicle features three blogs that will provide coverage of the trial: "Enron: TrialWatch"; "Enron: Legal Commentary; Lay-Skilling trial analysis from Houston-area attorneys": and "Full Disclosure."
Posted at 10:24 AM by Howard Bashman




"Why Bush needs a new lawyer": Former D.C. Circuit Judge Abner J. Mikva has this op-ed today in The Boston Globe.
Posted at 10:15 AM by Howard Bashman



"Too short a career on the federal bench": The Kalamazoo Gazette yesterday contained an editorial that begins, "Susan Bieke Neilson could have served the last four years of her life as a federal appeals judge."
Posted at 10:12 AM by Howard Bashman



Gimme a C-L-O-T-U-R-E: What is slated to be the penultimate day of debate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States is scheduled to begin on the floor of the U.S. Senate at 10 a.m. today. You can view the proceedings live, online via C-SPAN2 (RealPlayer required). A cloture vote on the debate is scheduled to occur at 4:30 p.m. today, and the U.S. Senate's up-or-down vote on the nomination is scheduled for 11 a.m. tomorrow.
Posted at 09:54 AM by Howard Bashman



Don't spend it all in one place: The lawyer who emerged last week from a Tenth Circuit en banc ruling as the proud recipient of a $1.50 attorney's fee award under the federal civil rights act has graciously agreed to take part in a written interview to be posted online here at "How Appealing" in the near future. Even better, he will participate entirely free of charge.

Aside from the obvious questions -- how many hours did you work, and what effective hourly rate does the $1.50 attorney's fee produce?; do you anticipate that the defendant will voluntarily pay your $1.50 attorney's fee, or will additional litigation be required?; how do you plan on spending the fee, or perhaps you will invest it tax-deferred as part of your retirement savings?; had you known when a federal judge asked you to accept this matter that your fee if you won would be $1.50, would you have done anything differently? -- are there any other questions that I should be asking the interviewee? If so, please feel free to forward them to me via email.

Last week's Tenth Circuit en banc ruling is here, and that court's earlier three-judge panel ruling in the case is here.
Posted at 08:58 AM by Howard Bashman




The new "Wonkette" has arrived: From Wachtell Lipton Rosen & Katz, to the Newark, New Jersey U.S. Attorney's Office, to full-time gossip blogger. Given this downward spiral, can homelessness be very far away? Which, of course, is just another way of saying that one of the two new writers for "Wonkette" is the author of "Underneath Their Robes."
Posted at 08:45 AM by Howard Bashman



"Redact This: Preserving Secrets on Appeal in the Digital Age." The brand-new installment of my weekly "On Appeal" column for law.com can be accessed here. Here's law.com's summary: "As many have learned to their dismay, Internet anonymity is much harder to attain than it appears. In this time of executive branch eavesdropping on overseas communications and Department of Justice subpoenas to Internet search providers, some may wonder where the judicial branch stands on keeping secrets online. The answer is generally encouraging, although some courts and electronic filers could be more attuned to the privacy issues that electronic filing presents."
Posted at 08:40 AM by Howard Bashman



"Blawg Review #42": Available here at the blog "Cyberlaw Central."
Posted at 07:30 AM by Howard Bashman



"Obama joins filibuster bid against Alito; But senator criticizes tactic, says it will fail": The Chicago Tribune contains this article today.

And The Washington Times reports today that "Obama criticizes party for strategy."
Posted at 07:28 AM by Howard Bashman




"Agreeing on 12 Enron jurors no easy feat; Lawyers, set to start eliminating candidates today, will be drawn to different qualities": This article appears today in The Houston Chronicle, along with an article headlined "For key players, a day of work, worship; Media set up outside the courthouse as legal teams make final preparations."

The Los Angeles Times today contains articles headlined "Trial of Former Enron Chiefs Starts Today; Jury selection begins in the federal fraud case against Kenneth Lay and Jeffrey Skilling" and "Trader's Effect Felt Powerfully in the West."

USA Today contains articles headlined "Enron's legacy: Scandal marked turning point for business world; Impact felt in energy trading, lawsuits, corporate governance and regulations" and "Unindicted, yet under a shadow; Ex-Enron officials in legal twilight zone." In addition, an editorial is entitled "Spinning justice's scales."

CNN.com provides a report headlined "Enron's Lay: Trial will turn out 'fine'; Jury selection set to begin after defense requests denied."

The Chicago Tribune yesterday published an article headlined "Explainer for Enron: Indicted exec Jeffrey Skilling hires Chicago lawyer Daniel Fischel as an expert witness."

The Baltimore Sun yesterday published an article headlined "Lessons unclear after fall of Enron; Some companies and investors still tread risky paths."

And today in The New York Times, Law Professor Henry T.C. Hu has an op-ed entitled "Enron Happens."
Posted at 07:25 AM by Howard Bashman




"Sign Here: Presidential signing statements are more than just executive branch lunacy." Dahlia Lithwick has this jurisprudence essay online at Slate today.
Posted at 07:14 AM by Howard Bashman



"O'Connor era ends at court, continues in law; History-making tenure marked by shifts and surprises": Joan Biskupic has this article today in USA Today. The newspaper also contains a related item headlined "Her opinions set today's standards."
Posted at 07:10 AM by Howard Bashman



"Al Qaeda Detainee's Mysterious Release; Moroccan Spoke Of Aiding Bin Laden During 2001 Escape": The Washington Post contains this article today.
Posted at 07:05 AM by Howard Bashman



"A Law Clerk Hiring Update: Justice Kennedy's Swinging Clerks!" This post appears today at "Underneath Their Robes."
Posted at 06:50 AM by Howard Bashman



In the February 6, 2006 issue of The New Yorker: Malcolm Gladwell has an article titled "Troublemakers: What pit bulls can teach us about profiling."

And Mimi Swartz has a Talk of the Town essay entitled "Pencils Up! Enron Multiple Choice."
Posted at 06:45 AM by Howard Bashman




"The Supreme Court's Surprisingly Unanimous Abortion Decision: A Parting Gift for Justice O'Connor?" FindLaw commentator Michael C. Dorf has this essay today.
Posted at 06:40 AM by Howard Bashman


Sunday, January 29, 2006


"Women demand tougher laws to curb abortions; Poll reveals growing concern over late terminations": The Observer (UK) today contains an article that begins, "A majority of women in Britain want the abortion laws to be tightened to make it harder, or impossible, for them to terminate a pregnancy." (Via "PrawfsBlawg").
Posted at 10:58 PM by Howard Bashman



In Monday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "In Alito, G.O.P. Reaps Harvest Planted in '82" and "An Enron Jury Free of Grudges? Easy, Judge Says."
Posted at 10:44 PM by Howard Bashman



"Punitive damages appealed in Valdez spill; Oil company says it has been punished enough for accident": Bob Egelko had this article yesterday in The San Francisco Chronicle. The audio of Friday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit can be accessed via this link (Windows Media format).
Posted at 10:40 PM by Howard Bashman



"Amendment reroutes monies for V.I. Supreme Court to St. Croix": Yesterday's issue of The Virgin Islands Daily News contained this article.
Posted at 10:33 PM by Howard Bashman



"Patently Absurd: The inside story of RIM's wireless war." This lengthy article appeared yesterday in The Toronto Globe and Mail.
Posted at 10:30 PM by Howard Bashman



"Is a BlackBerry blackout likely? Most experts say no; patent fight over e-mail device is at key phase here next month." The Richmond Times-Dispatch today contains an article that begins, "Inside the stone walls of the federal courthouse in downtown Richmond rests the threat, though perhaps a small one, of a blackout on the BlackBerry wireless e-mail gadgets."
Posted at 10:08 PM by Howard Bashman



"Top Enron Officials' Trial Begins Today; Firms' Collapse Sparked Crackdown": This article will appear Monday in The Washington Post.
Posted at 10:05 PM by Howard Bashman



"Additional Thoughts on Alito": Law Professor Geoffrey R. Stone has this post today at the University of Chicago Law School's "Faculty Blog." His earlier post on the subject is here.
Posted at 07:57 PM by Howard Bashman



"Democrats didn't make their case on Alito, Obama says": This article will appear Monday in The Chicago Tribune.
Posted at 07:54 PM by Howard Bashman



"Welcome, New York Times Readers": This new post appears today at the blog "Underneath Their Robes." By the way, tomorrow marks David B. Lat's debut as a blogger at "Wonkette."
Posted at 05:35 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Sen. Obama Criticizes Filibuster Tactic" and "Frist: Gov't Unwanted in End-Of-Life Cases."
Posted at 02:00 PM by Howard Bashman



The St. Petersburg Times is reporting: Today's newspaper contains articles headlined "Case might slow executions; An appeal from Florida's death row may give inmates everywhere an avenue to challenge lethal injections" and "On eve of Enron trial, aftershocks; The energy empire's collapse still reverberates - even in the Tampa Bay area - as the trial of the founder and CEO begins."
Posted at 11:02 AM by Howard Bashman



"Judge Alito Passes Muster": This editorial appears today in The Hartford Courant.

The Las Vegas Review-Journal today contains an editorial entitled "Alito appears clear -- maybe; Nevada's Harry Reid might vote to filibuster."

The Huntsville Times contains an editorial entitled "The inevitable Alito."

The Decatur (Ala.) Daily contains an editorial entitled "Now is not right time for Democrats to fall on swords."

The Beaver County (Pa.) Times contains an editorial entitled "Win Elections."

In The San Jose Mercury News, Susan Estrich has an op-ed entitled "The likely tie-breaker on abortion? Not Alito."

In The Pueblo Chieftain, U.S. Senator Wayne Allard (R-CO) has an op-ed entitled "Senate should confirm Judge Alito’s nomination."

In The Boston Globe, columnist Joan Vennochi has an op-ed entitled "Tilting at Alito."

In The Sioux Falls Argus Leader, columnist David Kranz has an op-ed entitled "Johnson's vote for Alito stirs debate among South Dakota Democrats."

In The Washington Times, Carey Roberts has an op-ed entitled "Fathers back in abortion debate."

In The Houston Chronicle, Olive Hershey has an op-ed entitled "The shame I don't wish on any woman; Alito's confirmation stirs up dark memories of growing up in '50s."

In The Anniston Star, H. Brandt Ayers has an op-ed entitled "Sam Alito's times."

In The Athens Banner-Herald, Wendy Chambers has an op-ed entitled "High court nominee no fan of 'little guy.'"

And in The Albany (N.Y.) Times Union, Marianne Means has an op-ed entitled "Beware of Alito's hidden agenda."
Posted at 10:00 AM by Howard Bashman




"Palace Revolt: They were loyal conservatives, and Bush appointees; They fought a quiet battle to rein in the president's power in the war on terror; And they paid a price for it." Daniel Klaidman, Stuart Taylor Jr. and Evan Thomas have this lengthy investigative article in the February 6, 2006 issue of Newsweek.
Posted at 09:54 AM by Howard Bashman



"The gay divorcees: First came gay marriage; Now comes the inevitable - and a slew of unprecedented legal questions." The Ideas section of today's edition of The Boston Globe contains this article.
Posted at 09:52 AM by Howard Bashman



"Gay Marriage Politics": This editorial appears today in The Washington Post.
Posted at 09:30 AM by Howard Bashman



"Lay, Skilling trial will be a battle of strategies; The defense will focus on intricate accounting, and prosecutors want to keep it simple": Mary Flood has this article today in The Houston Chronicle, along with an article headlined "Enron judge comes to trial well-prepared."

Today's newspaper also contains profiles of defense attorneys headlined "Lay attorney won't shy away from fight"; "Criminal case something new for Skilling lawyer."

The newspaper contains profiles of prosecution attorneys headlined "Attorney 'destroys the other side'"; "Ex-judge argues for government"; "Prosecutor gained experience fast"; and "Lead attorney relishes challenge."

Finally, today's newspaper reports that "Seating is 'first come, first serve'; 'Overflow' room with big-screen TV will accommodate 120 reporters or other spectators."
Posted at 09:04 AM by Howard Bashman




"Senators promise yes votes for Alito": This article appears today in The Fairbanks (Alaska) Daily News-Miner.
Posted at 08:50 AM by Howard Bashman


Saturday, January 28, 2006


In Sunday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Who Will Steal the Enron Show?" and "10 Enron Players: Where They Landed After the Fall."
Posted at 11:05 PM by Howard Bashman



"Susan Bieke Neilson: She had a passion for justice." The Detroit Free Press today contains an obituary that begins, "Described by her colleagues as a highly respected and dedicated jurist, Judge Susan Bieke Neilson died this week, just three months after being confirmed to the U.S. 6th Circuit Court of Appeals following a lengthy political battle."

And yesterday, The Kalamazoo Gazette reported that "Judge kept spirits up despite setbacks."
Posted at 08:55 PM by Howard Bashman




In news from Michigan: The Associated Press provides a report headlined "Court equates downloading child porn to creating it" that begins, "A Muskegon-area man who is accused of downloading Internet photos of child sex onto compact discs can be charged with making or manufacturing child pornography, the Michigan Court of Appeals has ruled. The court released an opinion Wednesday upholding the Muskegon County prosecutor's decision to charge former Egelston Township Treasurer Brian Lee Hill with making child porn, a 20-year felony. Hill had argued the proper charge should have been possessing child porn, a four-year felony."

And The Muskegon Chronicle reported on Thursday that "Court makes child pornography downloads a 20-year felony."

You can access this week's ruling of the Michigan Court of Appeals at this link.

Relatedly, Slashdot provides a discussion thread entitled "Court Rules Burning Porn = Making Porn."
Posted at 08:45 PM by Howard Bashman




Auctioned bobblehead Justices appear to nod in agreement with eBay's Brief of Petitioners filed two days ago in the U.S. Supreme Court: "Patently-O: Patent Law Blog" offers a post titled "eBay Questions 'Nearly-Automatic' Availability of Patent Injunctions."
Posted at 08:23 PM by Howard Bashman



"Leahy Introduces Judicial Ethics Bill; Bill Promotes Transparency On Conflicts Of Interest And So-Called 'Judicial Junkets'": U.S. Senator Patrick J. Leahy (D-VT) issued this press release yesterday. The release contains the text of the proposed legislation, which appears to implement some suggestions that I made in my September 2002 monthly appellate column, titled "Privately-Sponsored Educational Junkets For Federal Judges -- Should They Be A Cause For Concern?"
Posted at 08:15 PM by Howard Bashman



"The Lessons of Alito: It's important to remember one thing: quality matters." The February 6, 2006 issue of The Weekly Standard will contain this editorial.
Posted at 08:00 PM by Howard Bashman



"Biggest of Enron trials begins Monday; As Lay-Skilling date arrives Monday, interest high for victims, city": This front page article appears today in The Dallas Morning News.
Posted at 07:50 PM by Howard Bashman



"Ruling puts 2 candidates back on ballot; Technical flaws in filing overturned in Court of Criminal Appeals race": The Dallas Morning News today contains an article that begins, "The Texas Supreme Court converted a one-horse contest for the state's highest criminal court into a three-way derby Friday, restoring two candidates to the ballot."

The Austin American-Statesman reports today that "Keel opponents win in court; Ruling gives both candidates chance to regain spot in March primary."

And The Fort Worth Star-Telegram reports that "Texas Supreme Court puts pair back on GOP primary ballot."

You can access yesterday's rulings of the Supreme Court of Texas online (first case: majority opinion; dissenting opinion) (second case: majority opinion; dissenting opinion).

Thanks to Rick Hasen for the pointer.
Posted at 07:40 PM by Howard Bashman




"The First Amendment protects posting about principal, ACLU claims": The Pittsburgh Post-Gazette today contains an article that begins, "A high school senior from Hermitage who was suspended and moved to an Alternative Education Program for creating an online parody of his principal has filed a federal lawsuit against the district."

And The Pittsburgh Tribune-Review reports today that "ACLU backs teen."

More information about the case is available via this link.
Posted at 03:35 PM by Howard Bashman




"Bush Presses Alito Nomination on Radio": The Associated Press provides this report on the radio address that President Bush delivered today.
Posted at 03:30 PM by Howard Bashman



"Ten Commandments law predicted; House speaker says OK is likely": This article appears today in The Atlanta Journal-Constitution.

And in quite tragic news, the former next-door neighbor of Michael Newdow has been charged in Charlotte, North Carolina with stabbing his twin 5-year-old daughters to death. In earlier coverage, The Sacramento Bee reported that "Twins fatally stabbed; father charged; The N.C. family formerly had lived in Sacramento." And today, The Charlotte Observer reports that "Death penalty foe joins Crespi defense; Judge appointing 2nd lawyer to represent father of slain twins."
Posted at 03:20 PM by Howard Bashman




"Enron Executives Prepare for Trial": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Saturday."

Meanwhile, in today's edition of The Houston Chronicle, Mary Flood reports that "Skilling loses four charges; 31 remain." The newspaper today also contains articles headlined "Tilted E went from letter-perfect logo to infamous symbol of energy excess; The vainglorious vowel gained value after the firm's fall" and "Houston isn't on trial this time around, groups say; Unlike some big media events in past, it's a tale of two men, and not the city itself." And the newspaper yesterday launched a blog titled "Enron: Legal Commentary; Lay-Skilling trial analysis from Houston-area attorneys."
Posted at 02:25 PM by Howard Bashman




"Our Policy on Marriage": Ken Budd has this item at "McSweeney's Internet Tendency."
Posted at 10:20 AM by Howard Bashman



"Democrats Split on Filibuster to Protest Alito Confirmation": The Los Angeles Times contains this article today. In addition, Jonathan Zimmerman has an op-ed entitled "Alito's mythical feel-good America; Alito's feel-good vision of America before hippies and protests simply isn't true."

The Washington Post reports today that "Kerry Defends Senate Filibuster on Alito as 'a Vote of History.'"

The Boston Globe contains an article headlined "An uphill battle for filibuster votes; Kennedy, Kerry push a last-ditch effort against Alito."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Kerry makes Senate pitch for filibuster against Alito; But fellow Democrats show little inclination to follow him."

The Newark (N.J.) Star-Ledger reports that "They want to go down swinging on Alito; Several Democrats seeking a filibuster that is almost certain to fail."

The Indianapolis Star reports that "Bayh silent after meeting with nominee."

The Providence (R.I.) Journal contains an article headlined "Chafee: Filibuster of Alito doomed; The senator has not said whether he will vote to confirm the Supreme Court nominee, but says he will vote to break any stall tactic by Democrats."

The Arkansas Democrat-Gazette contains an article headlined "Will vote no on Alito, filibuster, Pryor says."

The Arkansas News Bureau reports that "Pryor to vote 'no' on Alito."

Newsday reports that "Clinton to support filibuster; Says she'll join Sen. Kerry in blocking Alito's nomination, putting her at odds with top Democrats."

The New York Daily News reports that "Hil's for filibuster; Takes rebel stand to oppose Alito OK for Supremes."

The Louisville Courier-Journal reports that "Kennedy postpones Louisville speech to fight Alito vote."

The Quad-City Times of Davenport, Iowa contains articles headlined "Harkin, Obama: Alito filibuster is unlikely" and "Obama: Votes aren't there for Alito filibuster."

The Times-Republican of Marshalltown, Iowa reports that "Grassley says Alito looks to be voted in."

And The Wilmington (Del.) News Journal reports that "GOP's anti-Biden billboards rejected; Clear Channel says ads would violate negative attack policy."
Posted at 10:00 AM by Howard Bashman




"U.S. attorney hunt stalls; White House pick for Colo. post isn't on Allard's short list": This article appears today in The Rocky Mountain News.
Posted at 09:57 AM by Howard Bashman



"Court Lifts Ban on Kansas Underage Sex Law": The Associated Press provides a report that begins, "A federal appeals court lifted a ban on a Kansas law that required health care providers to report consensual underage sex to authorities. The 10th U.S. Circuit Court of Appeals on Friday reversed the finding of a lower court, ruling that Kansas has a legitimate interest in information about the voluntary sexual conduct of children that overrides the minors' right to privacy."
Posted at 09:54 AM by Howard Bashman



"In court, security is literally shocking; Stun belts are replacing shackles": This article appears today in The Kansas City Star.
Posted at 09:52 AM by Howard Bashman



"Judicial Exposure": In tomorrow's issue of The New York Times, Law Professor Jeffrey Rosen will have an interesting essay in the Sunday Book Review in which he writes, "Defenders of the new judicial openness say that the more the public knows about judges' political views and personal habits, the better informed we will be about the basis for their decisions. But it remains to be seen whether judges, by revealing too much about themselves in books and blogs, will squander the sense of impersonal respect on which their legitimacy depends."
Posted at 09:50 AM by Howard Bashman



"Patent fight could shut BlackBerry users down": This front page article appears today in The Sacramento Bee.
Posted at 09:45 AM by Howard Bashman



"With O'Connor Retirement and a New Chief Justice Comes an Awareness of Change": Linda Greenhouse has this article today in The New York Times.
Posted at 09:44 AM by Howard Bashman


Friday, January 27, 2006


"Clinton to support Alito filibuster; Says she’ll join Sen. Kerry in blocking Alito’s nomination, putting her at odds with top Democrats": Newsday provides this update.

And in related coverage, Saturday's edition of The Washington Post will contain an article headlined "Blogs Attack From Left as Democrats Reach for Center."
Posted at 11:30 PM by Howard Bashman




"Bush Presses On in Legal Defense for Wiretapping": Eric Lichtblau and Adam Liptak will have this article Saturday in The New York Times.
Posted at 11:28 PM by Howard Bashman



"Judge to Remain in Terrorism Trial": The New York Times today contains an article that begins, "A federal appeals court yesterday rejected an attempt by prosecutors to oust a judge from a terrorism case, dismissing the government's argument that the judge, Shira A. Scheindlin, was biased in favor of the defendant."
Posted at 11:24 PM by Howard Bashman



Available online from law.com: Marcia Coyle reports that "Alito's 'Murder Board' a Mix of the Legal Elite; Ted Olson, Harriet Miers on rehearsal staff."

Tony Mauro reports that "Political Spotlight Shines on Judicial Ethics; Justice Antonin Scalia's participation in Federalist Society seminar raises some questions."

An article reports that "N.Y. Federal Judge Keeps Terror Trial Over Removal Request; Panel rules Scheindlin acted within discretion."

In news from Georgia, "Courthouse Shooting Victims' Suits Hinge on Issue of Sheriff's Employment."

In news from Texas, "The Big Show: Jury Selection Crucial Element in Imminent Lay-Skilling Trial; Voir dire begins today amid judge's assurances of a fair trial in Houston."

And the brand new installment of my weekly column is entitled "Redact This: Preserving Secrets on Appeal in the Digital Age."
Posted at 10:05 PM by Howard Bashman




"Bring It On: John Kerry tries to revive the filibuster." This editorial appears today in The Wall Street Journal.
Posted at 09:58 PM by Howard Bashman



The Associated Press is reporting: Gina Holland has an article headlined "Senators Pitch Limiting Judges' Free Trips" that begins, "Three senators on Friday proposed new limits on expense-paid trips for federal judges and a system to let the public know about potential courthouse conflicts."

David Kravets reports that "Exxon Mobil Urges Court to Erase Judgment."

And an article is headlined "Filibusters: Know Them When You See Them."
Posted at 09:45 PM by Howard Bashman




Available online from law.com: An article is headlined "Are Punitive Damage Awards Too High? Two leading scholars crunch the numbers and come up with very different answers on jury awards."

Justin Scheck has an article headlined "9th Circuit Panel: Overseas Sex With Minor Subject to Regulation."

And in news from Texas, "Baggage Check: Next Trial True Test for Enron Task Force."
Posted at 09:40 PM by Howard Bashman




En banc Fifth Circuit, by a vote of 9-7, holds that federal agriculture disaster payments, enacted by Congress to compensate farmers for crops planted but destroyed by drought or flood, are not included within a farmer's Chapter 7 bankruptcy estate when the federal law was enacted after the bankruptcy filing: You can access today's en banc ruling at this link. The Fifth Circuit's new chief judge wrote the dissenting opinion. The Fifth Circuit's former chief judge did not participate in the en banc ruling, perhaps because her husband was author of the three-judge panel's ruling.
Posted at 09:35 PM by Howard Bashman



"Kerry Eyes Filibuster over Alito Nomination": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:20 PM by Howard Bashman



"Hearing Date Set for Google-U.S. Dispute": The Associated Press provides this report.
Posted at 06:10 PM by Howard Bashman



"Don't Ask, Don't Tell, Don't Recruit; University liberals clash with military recruiters' policy against openly gay soldiers": The Guardian of the University of California, San Diego contained this article yesterday.

Also yesterday, The San Francisco Chronicle contained an op-ed by Law Professor Lawrence C. Levine entitled "'Don't ask, don't tell' policy open to First Amendment challenge."

And earlier this month, columnist Peter A. Brown had an op-ed entitled "Pentagon, academia need to make up" in The Orlando Sentinel.
Posted at 06:05 PM by Howard Bashman




"Homeowners divided over land seizure; A small Palm Beach County town is embroiled in a bitter fight over whether economic redevelopment trumps the rights of private property owners": This article appears today in The Miami Herald.
Posted at 05:40 PM by Howard Bashman



"Democrats Squabble Over Alito Filibuster": The Associated Press provides a report that begins, "Long-smoldering Democratic dissension flared openly Friday as liberals sought support for a last-minute filibuster of Supreme Court nominee Samuel Alito against the advice of leaders worried about a backlash in the 2006 elections."
Posted at 05:28 PM by Howard Bashman



"Hatch's tax woes remain unsettled; A spokesman for the U.S. Attorney's office says in similar tax-evasion cases, a defendant 'has to pay all the taxes he owes'": This article appears today in The Providence (R.I.) Journal.
Posted at 04:40 PM by Howard Bashman



"Conrad Says 'No' to Filibuster; Senator Meets Again With Supreme Court Nominee Judge Samuel Alito": U.S. Senator Kent Conrad (D-ND) issued this statement today. In it, Senator Conrad states, "Based on today's meeting, I am leaning in favor of voting for Judge Alito."
Posted at 04:20 PM by Howard Bashman



"Democrats Split over Prospect of Alito Filibuster": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:00 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Lawyers Challenged to Simplify Enron Case"; "Victims, Experts Set to Follow Enron Trial"; and "BlackBerry Shutdown Fears Overblown."
Posted at 03:38 PM by Howard Bashman



"Judge affirms spam suits; Md. appellate ruling upholds tool against unsolicited e-mail": The Baltimore Sun today contains this article reporting on a ruling that the Court of Special Appeals of Maryland issued yesterday.
Posted at 03:34 PM by Howard Bashman



Eleventh Circuit affirms award of $117,000 to plaintiff who sued for being falsely imprisoned inside a Barnes & Noble store: You can access today's ruling at this link.
Posted at 03:28 PM by Howard Bashman



Judge Alito rules: For those saddened by the short duration of today's debate on the floor of the U.S. Senate, the U.S. Court of Appeals for the Third Circuit today issued two opinions in which Circuit Judge Samuel A. Alito, Jr. joined. Although Judge Alito wrote neither opinion, in one he cast the deciding vote. The decisions are available online here and here.
Posted at 03:24 PM by Howard Bashman



"Coulter Jokes Justice Should Be Poisoned": The Associated Press provides a report that begins, "Conservative commentator Ann Coulter, speaking at a traditionally black college, joked that Justice John Paul Stevens should be poisoned."

And in local coverage of the speech, The Arkansas Democrat-Gazette today contains an article headlined "Author fires up LR college audience; For liberals and conservatives, Coulter arouses range of emotions."
Posted at 03:12 PM by Howard Bashman




"It's best not to mock a judge on the Internet after he's dealt with you; He might just call you back into his court, then toss you in jail": "Obscure Store" points to this article published today in The Detroit Free Press.
Posted at 12:40 PM by Howard Bashman



"Appeals court jurist committed to family, faith, volunteerism": This obituary of Sixth Circuit Judge Susan Bieke Neilson appears today in The Detroit News.
Posted at 12:24 PM by Howard Bashman



Liberty Mutual's second attempt to remove lawsuit to federal court under Class Action Fairness Act of 2005 fares better than its first in the Seventh Circuit: Circuit Judge Frank H. Easterbrook has issued this opinion today on behalf of a unanimous three-judge panel. Back in June 2005, on behalf of a somewhat different three-judge panel, Judge Easterbrook issued an opinion in the same case refusing to review the federal district court's earlier refusal to permit removal of the case to federal court.
Posted at 12:20 PM by Howard Bashman



"Boxer X appeals the dismissal, pursuant to 28 U.S.C. §1915A, of his civil rights action under 42 U.S.C. §1983 against Angela Harris, a guard at his Georgia prison, who, according to the complaint, made him strip and masturbate for her enjoyment." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. Accepting the prisoner's factual allegations as true, the court today reinstates the lawsuit because the plaintiff "has stated a claim under our privacy jurisprudence and for retaliation under the First Amendment."
Posted at 11:54 AM by Howard Bashman



"Reid admits Democrats can't block Alito": Reuters provides this report.

And Jesse J. Holland of The Associated Press reports that "Republicans Clear the Way for Alito Vote."

Debate on the nomination resumes on the floor of the U.S. Senate at noon today. You can watch live, online via C-SPAN2 (RealPlayer required).
Posted at 11:40 AM by Howard Bashman




"U.S. appeals court says won't move Enron trial": Reuters provides this report.

And today in The Houston Chronicle, Mary Flood has articles headlined "Lawyers to share table near jury; Prosecution, defense to switch off, judge decides" and "Only two defendants, but many accused; Government will cite nearly 100 'unindicted co-conspirators.'"
Posted at 11:33 AM by Howard Bashman




"GOP sets up showdown over Alito; Massachusetts senators try 'uphill' filibuster push": CNN.com provides this report.

And at "Daily Kos," U.S. Senator John Kerry (D-MA) has a post titled "Filibuster Alito."
Posted at 11:30 AM by Howard Bashman




In reviewing labor-management arbitration awards, the Sixth Circuit fails to take the severely restricted standard of review specified by the U.S. Supreme Court seriously enough: So contends Circuit Judge Jeffrey S. Sutton in a very interesting concurring opinion issued today.
Posted at 10:25 AM by Howard Bashman



In news from Indiana: The Indianapolis Star reports today that "Abortion bill defines start of life; Conception is it, doctors would have to tell women." The proposed legislation can be accessed here, while additional background on the proposed legislation is available via this link.

And The Associated Press reports that "Indiana inmate executed just minutes after court ruling." Lyle Denniston offers additional coverage at "SCOTUSblog."
Posted at 09:40 AM by Howard Bashman




"Valdez spill lingers in court and on Alaska shores": Reuters provides this report.
Posted at 09:33 AM by Howard Bashman



Available onine from The Associated Press: David Kravets has an article headlined "Exxon Valdez Judgment Dispute Back in Court" reporting on a case to be argued today before the U.S. Court of Appeals for the Ninth Circuit.

And in news from Italy, "Judge to Rule on Merit of Christ Case."
Posted at 09:30 AM by Howard Bashman




The Sacramento Bee is reporting: Today's newspaper reports that "Kenneth Starr to assist death row clemency bid." My earlier coverage is here.

And yesterday, the newspaper reported that "Moussaoui's lawyers may get pre-9/11 data; Judge in sentencing case tells U.S. to turn over intelligence files to the defense." My earlier coverage is here.
Posted at 09:24 AM by Howard Bashman




"Kerry, Kennedy Threaten Filibuster on Alito": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

Day three of debate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States is scheduled to begin on the floor of the U.S. Senate at noon today. You can view the proceedings live, online via C-SPAN2 (RealPlayer required).
Posted at 09:20 AM by Howard Bashman




"Bredesen has shot to shape high court; Retirements let governor name 3 of 5 justices": The Tennessean today contains an article that begins, "With two Tennessee Supreme Court justices announcing their resignation this week, Gov. Phil Bredesen has the rare opportunity to select a majority of the court within one year."
Posted at 07:15 AM by Howard Bashman



"Kerry Urges Alito Filibuster, but His Reception Is Cool": This article appears today in The New York Times.

The Los Angeles Times reports today that "Key Democrats Try to Mount Filibuster Against Alito; The senators admit that their effort to derail the high court nomination is 'an uphill battle'; The GOP sets a vote for Monday to end debate."

USA Today reports that "2 more Democrats say they'll back Alito."

The New York Sun reports that "Alito Impresses One-Time Brennan Law Clerks."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Frist tries to end debate on Alito's nomination; Wants to vote Tuesday, avoid possible Democratic filibuster."

The Boston Globe reports that "Mass. senators to filibuster Alito; GOP condemns planned move by Kerry, Kennedy." And columnist Ellen Goodman has an op-ed entitled "An open mind on political theater."

The Newark (N.J.) Star-Ledger reports that "2 senators vow filibuster as Alito opposition appears to waver."

The Washington Times reports that "Alito supported by two more Democrats." R. Emmett Tyrrell Jr. has an op-ed entitled "Flourishes and flubs." And William Hawkins has an op-ed entitled "Clues from the Founders."

The Hartford Courant reports that "Lieberman Says He'll Vote Against Alito; Joins Dodd, 27 Other Democrats In Opposition."

The Sioux Falls Argus Leader reports that "Johnson, others will back nominee Alito; Move by three Democrats makes filibuster less likely."

The Arkansas News Bureau reports that "Lincoln to vote 'no' on Alito."

The Portland (Me.) Press Herald reports that "Collins to vote in favor of Alito."

The Pawtucket Times reports that "Reed makes the call on Alito."

And The Pueblo Chieftain reports that "Colorado senators give clashing views on Alito vote."

In commentary, The Palm Beach Post contains an editorial entitled "Democrats have a case, probably won't make it."

The Seattle Times contains an editorial entitled "Alito and the drumroll of executive authority."

The Virginian-Pilot contains an editorial entitled "An election won, a promise kept."

And in The Cornell Daily Sun, Jamie Weinstein has an op-ed entitled "Attacking Alito."
Posted at 07:00 AM by Howard Bashman




"Man who wouldn't show ID at airport loses appeal": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Oakland Tribune, Josh Richman reports that "High-tech mogul loses airline travel ID case; Court: Passengers have choice to leave or submit to more rigorous search."

And David Kravets of The Associated Press reports that "Court dismisses challenge to airport ID checks."
Posted at 06:55 AM by Howard Bashman




"Hearing Set on Lethal Injections; A death row inmate who is scheduled to die Feb.21 has filed a motion questioning the constitutionality of the execution method": Henry Weinstein has this article today in The Los Angeles Times.

And Howard Mintz of The San Jose Mercury News reports today that "Ken Starr fights for death row inmate."
Posted at 06:45 AM by Howard Bashman




"Justice and Junkets": An editorial published today in The New York Times begins, "Justice Antonin Scalia certainly has poor judgment when it comes to vacations."
Posted at 06:42 AM by Howard Bashman



"Prosecutor Will Step Down From Lobbyist Case": The New York Times today contains an article that begins, "The investigation of Jack Abramoff, the disgraced Republican lobbyist, took a surprising new turn on Thursday when the Justice Department said the chief prosecutor in the inquiry would step down next week because he had been nominated to a federal judgeship by President Bush."
Posted at 06:40 AM by Howard Bashman


Thursday, January 26, 2006


Meanwhile, back in New Jersey: Today in The Bergen Record, Amy Klein reports that "Chagares nominated to fill judgeship vacated by Chertoff."

The Newark Star-Ledger reports today that "Stalemate broken on U.S. judges for Jersey; White House agrees to fill vacancies in Trenton, Camden and Newark."

Men may be from Mars, and women from Venus, but The Asbury Park Press reports today that "Bush nominates a Neptune native for trial-court judgeship; She is currently a U.S. Magistrate."

And The Philadelphia Inquirer reports today that "Prosecutor Bumb picked for U.S. bench; The assistant U.S. attorney's big wins include Milton Milan's conviction."
Posted at 10:20 PM by Howard Bashman




"Democrats Split Over Filibuster On Alito": This front page article will appear Friday in The Washington Post.
Posted at 10:11 PM by Howard Bashman



"BlackBerry outage? Oh, the horror." Yesterday's issue of The Los Angeles Times contained this article.
Posted at 08:54 PM by Howard Bashman



"Key Enron trial nears, but climate has changed": This article will appear Friday in The Christian Science Monitor.
Posted at 08:24 PM by Howard Bashman



"Senate GOP Seeks to Force Vote on Alito": Jesse J. Holland of The Associated Press provides this report.

And Thomas Ferraro of Reuters reports that "Two more Senate Democrats back Alito."

If a filibuster is underway, Senator Edward M. Kennedy (D-MA) says that he supports it.
Posted at 06:10 PM by Howard Bashman




Senate Majority Leader Bill Frist, M.D. (R-TN) files cloture motion to close debate on the nomination of Samuel A. Alito, Jr. to the Supreme Court of the United States: The cloture vote will occur at 4:30 p.m. on Monday of next week, and the up-or-down vote on the nomination will occur at 11 a.m. on Tuesday of next week if cloture is successfully invoked on Monday.
Posted at 05:20 PM by Howard Bashman



"Flight attendants win case against Air Canada": The Toronto Globe and Mail provides a news update that begins, "The Supreme Court of Canada ruled Tuesday that Air Canada's flight attendants can compare their pay with that of pilots and ground crews to determine if they are being discriminated against because of gender." You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 05:18 PM by Howard Bashman



"Prochoice Puritans": Katha Pollitt will have this essay in the February 13, 2006 issue of The Nation.
Posted at 05:14 PM by Howard Bashman



"Nevada Court Rules Google Cache is Fair Use; Important Milestone for Digital Copyright Law": The Electronic Frontier Foundation provides this report on a ruling that the U.S. District Court for the District of Nevada issued last week.
Posted at 05:10 PM by Howard Bashman



In 9/11-related perjury prosecution against Osama Awadallah arising from testimony he gave under oath to a federal grand jury, Second Circuit affirms trial court's prohibition on asking grand jurors to testify concerning their subjective impressions of the defendant's demeanor and appearance: You can access today's ruling at this link. The ruling is a setback to federal prosecutors, who took the appeal seeking to overturn the trial court's pretrial order limiting the type of questions that could be put to grand jurors who will be called as witnesses for the prosecution at trial. Some additional background about the case can be accessed here.
Posted at 05:00 PM by Howard Bashman



"ID check at US airports not unconstitutional: court." Reuters provides this report. My coverage is here.
Posted at 04:25 PM by Howard Bashman



"Sen. Kerry calls for filibuster of Alito; Unclear if Massachusetts Democrat has votes needed to block nominee": CNN.com provides this report.

Relatedly, today's broadcast of NPR's "Day to Day" included a segment entitled "Democrats, GOP Debate Alito Nomination in Senate" (RealPlayer required).
Posted at 04:18 PM by Howard Bashman




"Lieberman Against Alito Confirmation": The Hartford Courant provides this news update.
Posted at 03:44 PM by Howard Bashman



"Decision on RIM expected next month": This article appears today in The Toronto Globe and Mail.

And earlier this week, The Richmond Times-Dispatch reported that "Judge here to resolve patent case; U.S. Supreme Court won't intervene in BlackBerry dispute."
Posted at 03:40 PM by Howard Bashman




"Euthanize Federal Mission Creep: Oregon's assisted suicide law saved by Supreme Court's liberal justices." Shikha Dalmia has this essay online today at Reason.
Posted at 03:30 PM by Howard Bashman



"Wire Trap: What if wiretapping works?" Seventh Circuit Judge Richard A. Posner will have this essay in the February 6, 2006 issue of The New Republic.
Posted at 03:24 PM by Howard Bashman



"We remain somewhat troubled that, in contrast to most statutory construction cases where we are usually asked to construe the meaning of an ambiguous phrase or word, we are here faced with the task of striking a word passed on by both Houses of Congress and approved by the President, and replacing it with a word of the exact opposite meaning." A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued an interesting order (taking the form of an opinion) addressing the procedure for perfecting an appeal under the recently enacted Class Action Fairness Act of 2005.

Finding the statutory language ambiguous, the Ninth Circuit today rules that the proper procedure for requesting appellate review under CAFA is the procedure set forth in Federal Rule of Appellate Procedure 5, titled "Appeal by Permission."

Even more interesting, however, is the court's discussion of the timing provision contained in the federal statute authorizing appellate review. That statute provides:

Section 1447 shall apply to any removal of a case under this section, except that notwithstanding section 1447(d), a court of appeals may accept an appeal from an order of a district court granting or denying a motion to remand a class action to the State court from which it was removed if application is made to the court of appeals not less than 7 days after entry of the order.
As today's order explains, "the statute as written creates a waiting period of seven days before which an appeal is too early, with no upper limit to when an appeal ultimately may be filed."

With respect to the statute's express timing provision, today's order states: "there is no apparent logical reason for the choice of the word 'less' in the statute, use of the word 'less' is, in fact, illogical and contrary to the stated purpose of the provision, and the statute should therefore be read to require that an application to appeal under §1453(c)(1) must be filed--in accordance with the requirements of FRAP 5--not more than 7 days after the district court's order."
Posted at 03:10 PM by Howard Bashman




U.S. Senator Robert C. Byrd (D-WV) announces he will vote to confirm Samuel A. Alito, Jr.: Just announced on the floor of the U.S. Senate. That brings to three the number of Democratic Senators who have announced that they will vote to confirm.

In news coverage, Jesse J. Holland of The Associated Press reports that "More Democrats Get Behind Alito Nomination."
Posted at 02:52 PM by Howard Bashman




"6th Circuit Court judge dies at 49; 'Very respected' jurist from Grosse Pointe Woods spent her life building law career": The Detroit News provides an obituary that begins, "U.S. Court of Appeals Judge Susan Bieke Neilson, whose appointment to the 6th Circuit Court bench was confirmed by the Senate in October, died Wednesday night of pulmonary failure in Harper Hospital in Detroit."

Judge Neilson joined the U.S. Court of Appeals for the Sixth Circuit on November 9, 2005. On October 27, 2005, as I then noted here, the U.S. Senate confirmed her to the Sixth Circuit by a vote of 97-0.
Posted at 02:15 PM by Howard Bashman




Unanimous three-judge Ninth Circuit panel rejects constitutional challenge to federal government's civilian airline passenger identification policy: You can access today's ruling in Gilmore v. Gonzales at this link. Additional details about the case can be accessed here.
Posted at 01:38 PM by Howard Bashman



"Disney Holders Ask Court to Reverse Pay Ruling": Reuters provides a report that begins, "A lawyer representing Walt Disney Co. shareholders on Wednesday asked Delaware's high court to reverse a ruling that found the company's directors did not breach their duty when awarding former President Michael Ovitz a $130 million severance package."

And The New York Times reports today that "Disney Shareholders Ask Court to Reverse Ovitz Pay Decision."
Posted at 12:40 PM by Howard Bashman




Two Democrats, and counting: U.S. Senator Tim Johnson (D-SD) today has issued a press release titled "Johnson to Vote for Alito."

In news coverage, Jesse J. Holland of The Associated Press reports that "Democatic Sen. Johnson to Back Alito."
Posted at 11:50 AM by Howard Bashman




"Alito Confirmation Looms, But Who Cares, Really? Alito Unfoldings Provoke a Dull Response." Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 11:20 AM by Howard Bashman



"More Fun With Immigration Judges": Steve Vladeck has this post today at "PrawfsBlawg."
Posted at 11:12 AM by Howard Bashman



"The Outer Shell: The hollowing out of Roe v. Wade." Law Professor Dawn Johnsen has this jurisprudence essay online at Slate.
Posted at 10:40 AM by Howard Bashman



Justice for sale: Although efforts to keep Justice Sandra Day O'Connor on the U.S. Supreme Court notwithstanding her long-awaited retirement wishes (but see The Onion's coverage) appear unlikely to succeed, you can make her a permanent part of your bobblehead U.S. Supreme Court thanks to two auctions currently underway at eBay. This auction is scheduled to end first, while this auction is scheduled to end second.
Posted at 10:30 AM by Howard Bashman



"Killer's execution stayed in challenge to lethal injection; One or possibly two Florida executions are on hold while the U.S. Supreme Court decides whether a convict can challenge lethal injection": This article appears today in The Miami Herald, along with an article headlined "An unlikely champion in execution fight; A UM anesthesiologist finds himself in the midst of the controversy over whether lethal injections cause pain."

The St. Petersburg Times reports today that "Death method may go on trial; Execution of a Florida killer is stayed to judge civil rights issues, but lethal injections could be next."

The Orlando Sentinel reports that "Top court halts killer's execution; The victory by a death-row inmate in Florida could temporarily quash all lethal injections in the country."

The South Florida Sun-Sentinel reports that "U.S. Supreme Court to decide whether Florida's executions are 'cruel and unusual.'"

The Pensacola News Journal reports that "Killer spared through April."

The Gainesville Sun reports that "Blocked execution may lead to case vs. method."

And Howard Mintz of The San Jose Mercury News reports that "Florida case may postpone execution; High Court questions use of lethal injection."
Posted at 10:14 AM by Howard Bashman




Day two of debate will soon begin on the floor of the U.S. Senate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States: Today's scheduled start time is 9:45 a.m. You can view the proceedings live, online via C-SPAN2 (RealPlayer required).
Posted at 09:33 AM by Howard Bashman



"Skilling, Lay seek a timeout; They want case stopped so they can ask appeals court for venue change": Mary Flood of The Houston Chronicle has this article today. And in related coverage, "The media may not be rock stars, but this is their big gig."
Posted at 08:45 AM by Howard Bashman



"Fame offers no immunity to Survivor guilty of tax evasion; Deemed a flight risk, Richard Hatch, the first winner on the reality TV show, is being held at the Wyatt Detention Facility in Central Falls pending sentencing April 28": This article appears today in The Providence (R.I.) Journal.
Posted at 08:44 AM by Howard Bashman



"Things are far from clear": Today in The Fort Worth Star-Telegram, Linda P. Campbell has an op-ed that begins, "If you purchased invisible or transparent tape -- you could be a winner!"
Posted at 07:30 AM by Howard Bashman



"Alito Debate Focuses on Executive Power; In Senate discussions on the nominee, Bush's spy program and the Patriot Act are top issues": The Los Angeles Times contains this article today.

The Washington Times reports today that "Parties shore up votes on Alito." And David Limbaugh has an op-ed entitled "Unacceptably mainstream?"

The Newark (N.J.) Star-Ledger reports that "Senate debate on Alito slides into a partisan war of words; Democrats and GOP keep trading charges of distortion, smears."

The Richmond Times-Dispatch reports that "Allen warns against Alito filibuster."

The Providence (R.I.) Journal reports that "Reed sees no friend to individual rights in Alito; will vote no; Reed joins a Democratic chorus against the Supreme Court nominee."

The Huntsville Times reports that "Sessions expects vote by Friday."

The Trenton Times reports that "Alito's achievement a source of hometown and ethnic pride."

The Arkansas News Bureau reports that "More Alito ads target Arkansas senators."

The Philadelphia Inquirer reports that "Kean takes war with Menendez to Alito's turf."

And The Ithacan reports that "Alito endorsement stirs abortion debate."

In commentary, The Wall Street Journal today contains an editorial entitled "The Roberts-Alito Court: Thank you, Ted Kennedy and Ralph Neas."

And columnist Robert Novak has an essay entitled "What price Alito?"
Posted at 07:15 AM by Howard Bashman




"Salazar: Thomas an 'abomination'; High court justice no Thurgood Marshall, Colo. senator says." This article appears today in The Rocky Mountain News.
Posted at 07:12 AM by Howard Bashman



"Sex Overseas May Fall Under U.S. Jurisdiction": Josh Gerstein has this article today in The New York Sun.

And today in The San Francisco Chronicle, Bob Egelko reports that "Law upheld on child sex abroad."
Posted at 07:05 AM by Howard Bashman




"Words, Deeds on Spying Differed; Even as warrantless U.S. eavesdropping was being conducted, the White House opposed easing rules on the issue in 2002 to avoid public debate": Today in The Los Angeles Times, David G. Savage has an article that begins, "Four years ago, top Bush administration lawyers told Congress they opposed lowering the legal standard for intercepting the phone calls of foreigners who were in the United States, even while the administration had secretly adopted a lower standard on its own."
Posted at 07:00 AM by Howard Bashman



"Dead to the World: The Supreme Court should heed Europe on capital punishment." Felix G. Rohatyn has this op-ed today in The New York Times.
Posted at 06:55 AM by Howard Bashman



"The Florida Supreme Court's School Voucher Decision: Not Only Incorrect, But Also Unprincipled." Shavar D. Jeffries has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman


Wednesday, January 25, 2006


"A Stop at Senate on the Way to Court; Alito Debate Opens, and Bush Resurrects a Nominee Democrats Blocked Last Year": The Washington Post on Wednesday will contain this article, along with an op-ed by David S. Broder entitled "United in Division; Congress Is Split, but Party Cohesion Is Striking."

The New York Times on Thursday will contain an editorial entitled "Senators in Need of a Spine" that begins, "Judge Samuel Alito Jr., whose entire history suggests that he holds extreme views about the expansive powers of the presidency and the limited role of Congress, will almost certainly be a Supreme Court justice soon."

And The Seattle Post-Intelligencer on Thursday will contain an editorial entitled "Supreme Court: Regrettable reality."
Posted at 11:00 PM by Howard Bashman




"2nd Circuit Hears Plea to End Six-Year Contempt Term": law.com provides this report.
Posted at 10:48 PM by Howard Bashman



"Big Test Looms for Prosecutors at Enron Trial": This article will appear Thursday in The New York Times. And a related graphic is here.
Posted at 10:45 PM by Howard Bashman



"High Court to Hear Lethal-Injection Case": Charles Lane will have this article Thursday in The Washington Post.

The Orlando Sentinel provides a news update headlined "Hill hearing could affect nation's death penalty."

And The Miami Herald today contains an article headlined "As high-level witnesses wait, execution is halted; A cop killer received a last-minute reprieve, possibly temporary, from the U.S. Supreme Court; Two key state Senate leaders had come to view the execution."
Posted at 10:32 PM by Howard Bashman




"In Case About Google's Secrets, Yours Are Safe": Adam Liptak will have this article Thursday in The New York Times.
Posted at 10:24 PM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Tight Alito vote ahead; Democrats lose in judiciary panel but hope to raise court issues in fall election" and "Court lets state law on wine labels stand."
Posted at 10:15 PM by Howard Bashman



"Salazar calls Justice Thomas 'an abomination'": The Rocky Mountain News provides an update that begins, "Sen. Ken Salazar, D-Colo., today called current U.S. Supreme Court Justice Clarence Thomas an 'abomination' when compared with the late U.S. Supreme Court Justice Thurgood Marshall."

The article concludes by noting, "Salazar's comment about Thomas came during a telephone news conference in which said he would not be part of any possible Democratic filibuster to stop a vote on the confirmation of Samuel Alito as a member of the U.S. Supreme Court."
Posted at 10:10 PM by Howard Bashman




"President Meets with Former Law Clerks of Judge Samuel Alito": The White House issued this transcript today.
Posted at 10:04 PM by Howard Bashman



So you think your hourly rate is low? When a prisoner recovers $1 in damages on a federal civil rights claim, the Prison Litigation Reform Act limits the maximum available attorney's fee award to $1.50, the en banc U.S. Court of Appeals for the Tenth Circuit ruled today. And that's the case even where the civil rights claim arose from conduct that predated the incarceration. You can access today's en banc ruling at this link. A divided three-judge Tenth Circuit panel had previously reached the opposite result in the case, applying "the Supreme Court's absurdity exception to the plain language rule of statutory construction."
Posted at 08:45 PM by Howard Bashman



Tenafly eruv approved: The Associated Press provides a report headlined "Enclosure Sought by Jews Approved in N.J." that begins, "After a six-year legal battle, a group of Orthodox Jews won the right to create a symbolic enclosure around the community by attaching plastic strips to utility poles."

The New York Times reports today that "Town Votes for Marker Used by Jews."

And The Bergen Record reports today that "Tenafly approves eruv deal."

Back in October 2002, the U.S. Court of Appeals for the Third Circuit issued this ruling on the dispute. My coverage of that ruling is here.
Posted at 08:22 PM by Howard Bashman




"Bitter Debate in Senate Continues on Alito": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:45 PM by Howard Bashman



"Hatch found guilty of tax evasion, ordered held": The Providence (R.I.) Journal provides a news update that begins, "Survivor star Richard Hatch's strategy didn't quite pay off today, as a jury found him guilty of two tax-evasion counts and one count of filing a false return. It cleared him of seven other counts, including a bank-fraud charge carrying the most severe penalty. But he was ordered held as a flight risk and led out of court in handcuffs. He faces sentencing on April 28."
Posted at 07:44 PM by Howard Bashman



"UTR Cribs: The Late Chief's Teepee Sold." The blog "Underneath Their Robes" features this new post.
Posted at 07:40 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "US judge sets February 24 RIM injunction hearing" and "Blackberry blackout threat leaves CEOs aghast."
Posted at 04:44 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Senate Moves Toward Alito's Confirmation."

And an article headlined "U.S. Must Submit Papers to Moussaoui Team" begins, "A federal judge has ordered the government to give admitted terrorist conspirator Zacarias Moussaoui's defense team documents describing what officials knew before Sept. 11, 2001, about al-Qaida threats and some of its hijackers." Yesterday's ruling of the U.S. District Court for the Eastern District of Virginia, made public in redacted form today, can be accessed here.
Posted at 04:33 PM by Howard Bashman




The White House announces a new round of judicial nominations: The complete list is here. Michael A. Chagares has been nominated to the U.S. Court of Appeals for the Third Circuit to replace Michael Chertoff. Chagares clerked for Senior Third Circuit Judge Morton I. Greenberg. And the President has renominated Brett M. Kavanaugh to the D.C. Circuit.

In news coverage, The Associated Press reports that "Bush nominees for NJ courts include Abramoff prosecutor."
Posted at 04:20 PM by Howard Bashman




"Remembering Rehnquist: Arizona Republican Sens. John McCain and Jon Kyl propose spending $10 million to set up a judicial research center in honor the late Chief Justice William Rehnquist." So begins a post that Wall Street Journal reporter Jess Bravin has today at that newspaper's "Washington Wire" web site (free access).
Posted at 03:54 PM by Howard Bashman



"Sounds like a quantum-physical spooky outcome to me." At "Unused and Probably Unusable," Eh Nonymous has this post about the Ninth Circuit's en banc Yahoo! Nazi memorabilia-First Amendment ruling, which also happens to be the subject of my law.com column this week.
Posted at 03:25 PM by Howard Bashman



"Ex-Enron pair try again to get trial postponed, moved": Mary Flood of The Houston Chronicle provides a news update that begins, "Ken Lay and Jeff Skilling today asked the court to temporarily postpone their trial while they ask an appellate court to move the case outside of Houston."

And today's edition of that newspaper contains an article headlined "Ken Lay eager to reclaim his reputation; That may be too great a task even for a man with the former chairman's determination."
Posted at 03:05 PM by Howard Bashman




DeMoss on de minimum contacts "stream of commerce" personal jurisdiction circuit split: Specially concurring in the Fifth Circuit's ruling today in Luv n' Care, Ltd. v. Insta-Mix, Inc., Circuit Judge Harold R. DeMoss, Jr. writes:
For the above reasons, I hope Insta-Mix will apply for a writ of certiorari and I urge the Supreme Court to take up the minimum contacts issue and resolve it and the increasing circuit divide with clarity. The recent changes in the composition of the Court should produce a new effort by the Court to definitively answer this controversy. The sovereignty of the individual states is on the line.
You can access the complete ruling at this link. (Blog post title with apologies to Paul Horwitz.)
Posted at 03:00 PM by Howard Bashman



"Kozinski Walks a Mile in IJs' Shoes...Alone": At CalLaw.com's blog "Legal Pad," Justin Scheck has a post that begins, "Looks like Alex Kozinski's defense of an unlikely underdog is fully under way. Judging by recent statements and a Monday opinion, the Ninth Circuit judge seems intent on calling his appeals court colleagues to task for treating immigration judges like sad whipping boys in opinions overturning their decisions -- an attitude that creeps into news stories about the overloaded and under-resourced immigration courts." Monday's Ninth Circuit ruling can be accessed here.
Posted at 02:45 PM by Howard Bashman



"Google vs. DoJ: Why the subpoena fight is all about public relations." Adam L. Penenberg has this essay online at Slate.
Posted at 02:28 PM by Howard Bashman



"Alito Heading Towards Confirmation": Yesterday's broadcast of the public radio program "Here & Now" included this segment (RealPlayer required).

C-SPAN has posted online the video of yesterday's Senate Judiciary Committee business meeting, where the committee voted along party lines on the nomination. Also available online from yesterday via C-SPAN are "Sens. Hatch (R-UT), Specter (R-PA), & Others on Judge Alito Nomination" and "Sens. Reid (D-NV), Stabenow (D-MI) & Others on Judge Alito Supreme Court Nomination." RealPlayer is required to launch these video segments.
Posted at 02:20 PM by Howard Bashman




"As big investors flex muscle, law firms do heavy lifting; A legal bonanza is unfolding as emboldened shareholders increasingly do battle with Corporate Canada": This article appears today in The Toronto Globe and Mail.
Posted at 02:14 PM by Howard Bashman



"Hatch found guilty on tax-evasion counts": The Providence (R.I.) Journal's blog provides an update that begins, "Reality television star Richard Hatch was convicted today on three of the 10 counts he faced in a federal indictment that alleged he failed to pay taxes on the more than $1 million he won on the popular TV series, as well as income from a radio program, rental income and charitable donations he allegedly used for himself." Proving that sometimes a jury gives you $1 million, and other times a jury takes it away.
Posted at 02:00 PM by Howard Bashman



Divided three-judge Ninth Circuit panel upholds constitutionality of federal law used to prosecute travelers who intend to go to another country to engage in sexual activity with children: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Today's majority opinion begins:

In this appeal we are confronted with a question of first impression regarding the scope of Congress's power under the Foreign Commerce Clause. At issue is whether Congress exceeded its authority "to regulate Commerce with foreign Nations," U.S. Const. art. I, § 8, cl. 3, in enacting a statute that makes it a felony for any U.S. citizen who travels in "foreign commerce," i.e. to a foreign country, to then engage in an illegal commercial sex act with a minor. 18 U.S.C. § 2423(c). We hold that Congress acted within the bounds of its constitutional authority.
In earlier press coverage of this matter, CNN.com reported in September 2003 that "Man charged in U.S. for child sex crimes abroad." In April 2004, The Christian Science Monitor published an article headlined "Global campaign to police child sex tourism." And in June 2004, The Seattle Times reported that "8-year term levied in 1st prosecution under new child-sex law."

The U.S. Attorney's Office for the Western District of Washington issued this press release after the defendant who is the subject of today's ruling pleaded guilty. In November 2004, the U.S. Department of State issued a press release titled "United States Getting Tougher on Child Sex Tourism; Immigration agency makes 10th arrest under 2003 law." And U.S. Immigration and Customs Enforcement has posted online this list of "Child Sex Tourists."
Posted at 01:40 PM by Howard Bashman




"Supreme Court to Hear Fla Death Row Appeal": Gina Holland of The Associated Press provides a report that begins, "The Supreme Court agreed Wednesday to hear a Florida death row inmate's appeal that challenges that state's lethal injection method, just hours after the court dramatically stepped in to stop the man's execution. Clarence Hill's lawyer said that he had been strapped to a gurney with IV lines running into his arms Tuesday night when Justice Anthony M. Kennedy issued a temporary stay."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to hear Florida death penalty case." In response to the cert. grant, the "Sentencing Law and Policy" blog asks here whether "the Court's grant of cert. could or should produce a de facto moratorium on lethal injection executions nationwide at least until the Supreme Court issues a ruling in Hill. "
Posted at 01:30 PM by Howard Bashman




"Hatch jury has reached a verdict": The Providence (R.I.) Journal's blog provides this update. No word yet on what the verdict is.

Today's issue of that newspaper contains an article headlined "Hatch's tax case goes to the jury; In closing arguments, the government says the Survivor star deliberately failed to pay taxes, while the defense says there was no intent to defraud."
Posted at 01:28 PM by Howard Bashman




"On Alito, Republicans Win, Democrats Talk; In the Senate, it’s all over but the scheduling": Byron York has this essay today at National Review Online.

And online at The Nation, John Nichols at "The Online Beat" blog has a post titled "Feingold: Alito Would Be 'Dangerous Addition' to Court."
Posted at 11:50 AM by Howard Bashman




"In Patent Disputes, A Scramble to Prove Ideas Are Old Hat; Sometimes Mad Magazine, Rube Goldberg Were First; RIM's Norway Strategy": The Wall Street Journal today contains a front page article (pass-through link) that begins, "Research in Motion Ltd., facing the threat that its popular BlackBerry service would be shut down in the U.S. over a patent dispute, got a tip early last year from a high-tech industry official: Check out a library in Norway."

And Salon.com today contains an article headlined "Will BlackBerry go out of season? An intellectual property lawsuit could silence the ever-present hand-held e-mail device."
Posted at 11:44 AM by Howard Bashman




"Samuel Alito Is No Sandra Day O'Connor": The organization People For the American Way issued this analysis today.
Posted at 11:35 AM by Howard Bashman



"Scalia 'junket' defended; Lawyers' group says teaching of a course at Colo. resort valid": This article appears today in The Rocky Mountain News.

At Human Events Online, Robert B. Bluey provides reports headlined "Conservative Legal Group Calls for Investigation of ABC Report" and "Federalist Society Slams ABC's Scalia Story: Repeat of Rather-Mapes."

And at "The Huffington Post," John Leo has a post titled "Scalia Goes to Colorado."

In somewhat related coverage, The East Oregonian reports that "Justice Scalia charms county leaders at NACo meeting."
Posted at 10:00 AM by Howard Bashman




"Moussaoui defense to cite his deprived upbringing; Lawyers indicated they would also argue at trial that the terror suspect appears to be schizophrenic": The Minneapolis Star Tribune contains this article today.

The Amended Notice of Expert Evidence of Mental Condition that counsel for Zacarias Moussaoui filed yesterday in the U.S. District Court for the Eastern District of Virginia can be viewed at this link.
Posted at 09:50 AM by Howard Bashman




"J.D. Butzner Jr., retired judge, dies; 4th Circuit colleague recalls his keen mind, impact on civil rights": This obituary appears today in The Richmond Times-Dispatch.

And The Daily Progress of Charlottesville, Virginia provides this death notice.

As I noted here yesterday, the Fourth Circuit has scheduled a memorial ceremony.
Posted at 09:44 AM by Howard Bashman




"Columbia Law Is Seeking Guinier In Harvard Raid": Anna Schneider-Mayerson has this article in the new issue of The New York Observer.
Posted at 09:38 AM by Howard Bashman



Debate begins on the floor of the U.S. Senate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States: You can view the proceedings live, online via C-SPAN2 (RealPlayer required).
Posted at 09:30 AM by Howard Bashman



"Alito debate begins today in full Senate; Discussions likely to spotlight partisan rift over court nominee": USA Today contains this article today, along with an op-ed by Tony Mauro entitled "Will Alito fill conservative void that O'Connor did not?"

The Los Angeles Times reports that "Senate Panel Backs Alito on Party-Line Vote; The full chamber will begin debate on the nominee today and its narrow approval could come this week; He could tilt court to right."

The Chicago Tribune reports that "Senate panel OKs Alito on 10-8 vote; No Democrats join GOP in endorsement."

The Washington Post contains an article headlined "The Unsmoked Signal of Victory on Alito."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito nomination moves to full Senate after committee recommendation; Party-line vote follows more partisan rhetoric over court pick."

The Newark (N.J.) Star-Ledger reports that "Nomination of Alito is passed to full Senate; Judiciary Committee approves Bush's choice in party-line vote."

The Boston Globe reports that "Alito wins party-line endorsement; Panel clears the way for Senate approval."

The Richmond Times-Dispatch reports that "Alito nomination heads to full Senate; 51 senators have publicly committed to court pick, assuring his confirmation."

The Houston Chronicle reports that "Alito win looks likely as full Senate set to debate; Judiciary panel voted along party lines to approve conservative judge."

The Deseret Morning News reports that "Floor debate opens on Alito nomination; He's almost certain to get the top-court post."

The Washington Times reports that "Judiciary panel OKs Alito." And Wesley Pruden has an essay entitled "The victory laps for Sam Alito."

Newsday contains an article headlined "Poised to join Supreme Court; Senate judiciary panel votes along party lines for Alito; Democrats to discuss their options today."

The San Francisco Chronicle reports that "Full Senate takes up Alito nomination; Judiciary panel approves Bush pick for Supreme Court."

The Milwaukee Journal Sentinel reports that "Alito heads to confirmation vote; Senate committee endorses nominee for U.S. Supreme Court in rare party-line vote."

The Harrisburg Patriot-News reports that "Casey risks angering base, joins Rendell in backing Alito."

The Philadelphia Inquirer reports that "Casey supports Alito confirmation; The Democrat, a Senate candidate, said the judge is qualified for the high court, despite disagreements over some rulings."

The Des Moines Register reports that "Grassley says nominee will be 'superb.'"

The Journal News of Westchester, New York reports that "Schumer votes against Alito for high court."

The Hartford Courant contains an article headlined "Criticizing Alito's Judicial Views, Dodd Says He'll Vote 'No.'"

The Island Packet of Hilton Head, South Carolina reports that "Graham's question spurs speculation."

The Daily Princetonian provides a news update headlined "Alito receives committee backing; Supreme Court nominee's confirmation virtually assured."

And The Yale Daily News reports that "Alito moves closer to vote; Law students, faculty advocate debating nominee on credentials instead of politics."
Posted at 07:00 AM by Howard Bashman




"Imagining a Day Without BlackBerrys; Possibility of Shutdown Has Some Users Panicking, Others Dreaming of Freedom": This article (free access) appears today in The Wall Street Journal.

And online at OpinionJournal, Brian C. Anderson has an essay entitled "Shut Up, They Explained: The left's regulatory war against free speech."
Posted at 06:54 AM by Howard Bashman




"Top Enron Figures Head to Court; The conspiracy and fraud trial of the former chairman and CEO is set to begin next week": The Los Angeles Times contains this article today.
Posted at 06:50 AM by Howard Bashman



"After Subpoenas, Internet Searches Give Some Pause": This article appears today in The New York Times, along with a related article headlined "Privacy for People Who Don't Show Their Navels."
Posted at 06:45 AM by Howard Bashman



"A Threat to the Campaign Law": The New York Times today contains an editorial that begins, "Just when the American public - outraged by the growing lobbying scandals - is calling for more regulation of money in politics, the Supreme Court has opened the door for a move in the other direction."
Posted at 06:42 AM by Howard Bashman


Tuesday, January 24, 2006


Available online from law.com: Marcia Coyle reports that "Stakes Rise for Business in High Court Term; Cases ranging from patents to RICO have business litigators predicting a significant term."

T.R. Goldman has an article headlined "Now It's the Full Senate's Turn to Look at Alito."

Justin Scheck has an article headlined "9th Circuit: Troubled Lawyers Not Ineffective Per Se." The ruling is here.

And Scheck also has an article headlined "Lerach Probe Obstacle: Lawyers."
Posted at 10:44 PM by Howard Bashman




"On Party Lines, Panel Approves Alito for Court": This article will appear Wednesday in The New York Times.

The Washington Post on Wednesday will report that "Alito Seems Assured Of High Court Seat; Panel Backs Nominee; Debate Starts Today."

Wednesday's edition of The Hill will report that "Alito clears on party-line vote."

Wednesday in Financial Times, Patti Waldmeir reports that "Senate panel approves Alito as nominee."

The Guardian (UK) reports on Wednesday that "Panel votes to back Alito for supreme court."

And BBC News reports that "Panel approves Bush court nominee."
Posted at 10:30 PM by Howard Bashman




"High Court Delays Fla. Inmate Execution": The Associated Press provides this report.
Posted at 09:58 PM by Howard Bashman



"Enron trial will stay in Houston, judge orders": Mary Flood of The Houston Chronicle provides this news update.

And that newspaper today contains an article headlined "Skilling: A private man's public ordeal; The former CEO is one of the most enigmatic figures in the Enron saga."
Posted at 09:54 PM by Howard Bashman




"Scalia under fire for Colorado conference": The Rocky Mountain News provides this update.
Posted at 08:40 PM by Howard Bashman



"Alito would likely change Supreme Court in unexpected ways": Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers provide this report.

The Associated Press provides reports headlined "Casey announces endorsement of Alito" and "Dodd will oppose Alito; Lieberman mum on decision."

FOXNews.com reports that "Fixes Considered for 'Broken' Supreme Court Confirmation Process."

And Voice of America News reports that "US Senate to Open Debate on Supreme Court Nominee." Debate is scheduled to begin on the floor of the U.S. Senate at 9:30 a.m. Wednesday morning.
Posted at 08:25 PM by Howard Bashman




"High Court Nominee Alito Goes to Full Senate": Nina Totenberg had this report (RealPlayer required) on this evening's broadcast of NPR's "All Things Considered."

Earlier, on today's broadcast of "Morning Edition," Totenberg previewed the committee's vote in a segment entitled "Senate Panel Set to Vote on Alito."
Posted at 05:45 PM by Howard Bashman




What's next -- criminal defense counsel via BlackBerry? Merely phoning it in won't cut it when it comes to a defendant's right to counsel at a change of plea hearing, Circuit Judge Terence T. Evans ruled today in an opinion issued on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 05:35 PM by Howard Bashman



"Why Democrats are united against Alito: Solidarity against the high court nominee could aid electoral gains, they say, even if he's confirmed." Gail Russell Chaddock will have this article Wednesday in The Christian Science Monitor. Of course, "united" for present purposes excludes the vote of U.S. Senator Ben Nelson (D-NE), thus far the lone Democratic Senator who has announced plans to vote in favor of the nominee.

Senator Nelson participated in a lengthy interview on the topic on this morning's broadcast of C-SPAN's "Washington Journal." You can view the segment by clicking here (RealPlayer required).
Posted at 05:23 PM by Howard Bashman




A busy day for Social Security number-related litigation in the federal appellate courts: The U.S. Court of Appeals for the Fourth Circuit today issued a decision resolving "whether a person who cannot show actual damages under the [Privacy] Act [for the wrongful disclosure of his Social Security number] may still recover costs and reasonable attorney fees." By a vote of 2-1, the Fourth Circuit has ruled: "We now affirm the district court's conclusion that Doe is entitled to costs and reasonable attorney fees even though he suffered no actual damages."

Meanwhile, the Second Circuit today affirmed the dismissal of federal civil rights claims filed by a woman who refused to give her Social Security number to her employer for fear of identity theft and was therefore fired. The appellate court assumed, for purposes of its ruling, that the defendants were state actors and thus addressed the woman's claims on the merits.
Posted at 05:04 PM by Howard Bashman




Forthcoming speaking events: In what could be viewed as a cruel parody of last night's "Nightline" lead investigative report (see the video here), in mid-March 2006 I'll be speaking at a lunch meeting of the Columbus, Ohio chapter of the Federalist Society.

And in mid-July 2006, I'll be in Brainerd, Minnesota to speak to an assemblage of federal judges.
Posted at 04:35 PM by Howard Bashman




"Committee approves Alito nomination": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:28 PM by Howard Bashman



Reader mail: This week's installment of my law.com column, titled "In Nazi Memorabilia Fight, Yahoo Can't Win for Losing," has generated some reader mail from California.

An attorney based in Los Angeles emailed, "Thank you for interpreting the La Ligue case. I truly had no idea what was going on when I scanned the opinion(s)."

And a law professor from one of Northern California's finest schools has emailed:

I read your interesting article on law.com about the 9th Circuit's Yahoo opinion. The king of such opinions remains, I believe, Tidewater Transfer (Nat. Mut. Ins. Co. v. Tidewater Transfer Co., 337 U.S. 582 (1949)), the case that upheld the diversity statute defining citizens of the District of Columbia as citizens of a state for Art III purposes. The vote was 7-2 that DC could not be a "state" for purposes of Art III diversity jurisdiction, and 6-3 that Congress could not place such suits in Art III courts. The 2 who thought DC counted as a "state" combined with the 3 who thought that Congress could put suits between a citizen of a state and a citizen of DC in an Art III court even though such a suit did not come within the diversity jurisdiction to produce a 5 vote majority to uphold the statute -- even though both grounds on which the statute could have been sustained were decisively rejected.
As Justice Felix Frankfurter's dissenting opinion concludes, "A substantial majority of the Court agrees that each of the two grounds urged in support of the attempt by Congress to extend diversity jurisdiction to cases involving citizens of the District of Columbia must be rejected-but not the same majority. And so, conflicting minorities in combination bring to pass a result-paradoxical as it may appear-which differing majorities of the Court find insupportable."
Posted at 04:10 PM by Howard Bashman



"Senate Judiciary Committee Approves Alito Nomination": law.com's T.R. Goldman provides this news update.
Posted at 03:54 PM by Howard Bashman



"BlackBerry blackout could be costly; A shutdown of the wireless email system would have a profound financial impact on businesses": CNNMoney.com provides this report.
Posted at 03:50 PM by Howard Bashman



Senior Fourth Circuit Judge John D. Butzner, Jr. has died: As noted in this announcement, on February 2, 2006 the Fourth Circuit will hold a Memorial Ceremony and Portrait Unveiling in his honor.
Posted at 02:55 PM by Howard Bashman



"A Law Clerk Hiring Update: Nino Rocks Out!" This post appears today at "Underneath Their Robes."
Posted at 02:45 PM by Howard Bashman



"Alito Gets Partisan Thumbs Up From Senate Judiciary Committee": FOXNews.com provides this report.

And Thomas Ferraro of Reuters reports that "Senate panel approves Alito for top court."

Earlier today, on the Fox News Channel, Pennsylvania's Democratic governor, Edward G. Rendell, spoke favorably of the Alito nomination. You can view the video and access the transcript here. Governor Rendell's wife, Marjorie O. Rendell, is herself a judge serving on the U.S. Court of Appeals for the Third Circuit.
Posted at 02:30 PM by Howard Bashman




The Senate Judiciary Committee votes 10-8, along party lines, to recommend confirmation of Samuel A. Alito, Jr. to the U.S. Supreme Court: The vote has just occurred, and the committee's business meeting has adjourned. Jesse J. Holland of The Associated Press reports that "Alito Nomination Goes to Full Senate."
Posted at 12:20 PM by Howard Bashman



The St. Paul Pioneer Press is reporting: Today's newspaper contains an article headlined "Visitation: a right or privilege? Grandfather, mother locked in court fight over grandchildren."

And yesterday's newspaper contained an article headlined "Once behind bars, she's ready to take the bar."
Posted at 12:00 PM by Howard Bashman




"FSU wants no part of this fight; Lobbyists try to hire a lawyer from FSU to sue the Legislature, but the school's president says no, 'is there a good Gator' to do it?" The St. Petersburg Times contains this article today.
Posted at 11:58 AM by Howard Bashman



"Hatch thought CBS paid the taxes; The Survivor winner testifies that he believed taxes on his prize were settled, adding that he did not read a contract that said contestants are responsible for them": This article appears today in The Providence (R.I.) Journal.
Posted at 11:42 AM by Howard Bashman



"Attacker of Duchamp's Urinal Sentenced": The Associated Press provides this report. According to the article, "The January urinal attack was not the first for Pinoncelli. He urinated on the piece during a 1993 exhibition in Nimes in southern France." You can view the urinal at this link.
Posted at 11:40 AM by Howard Bashman



Available online from Mother Jones: Today, that magazine's web site has posted an essay by Paul Rogat Loeb entitled "Alito and Roberts: Evasion Confirmed; John G. Roberts decision in Oregon should alert us to the danger of confirming Samuel Alito to the Supreme Court" and an essay by Barbara Coombs Lee entitled "Role Reversal: The Supreme Court on Physician Aid-in-Dying; In Oregon, the liberal justices give a lesson in judicial conservatism."
Posted at 10:54 AM by Howard Bashman



"Sex, Lies and OxyContin": Columnist John Tierney has this op-ed (TimesSelect subscription required) today in The New York Times.
Posted at 10:45 AM by Howard Bashman



"Justices Curb States' Immunity From Suit": Today in The New York Times, Linda Greenhouse has an article that begins, "In its latest federalism decision, the Supreme Court ruled on Monday that states are not immune from private lawsuits brought under federal bankruptcy law."
Posted at 10:44 AM by Howard Bashman



"US military issues new execution regulations": Reuters provides a report that begins, "In a little-noticed move, the U.S. Army has issued new regulations governing the death penalty, raising speculation that the military might be preparing for its first execution since 1961."

And BBC News reports that "US army changes execution rules."
Posted at 10:35 AM by Howard Bashman




Lest you forget about this long-waiting, often overlooked Fourth Circuit nominee: The News & Observer of Raleigh, North Carolina today contains an article headlined "Judge spares killer; Death row inmate mentally retarded" that begins, "A federal judge has removed a Bladen County man from the state's death row because he is mentally retarded, ruling that he should not be executed for murdering three people in 1984." The federal judge who issued the ruling is Fourth Circuit nominee Terrence W. Boyle.
Posted at 10:15 AM by Howard Bashman



"The issue before this Court is one of first impression -- namely, whether Title VII plaintiffs can bring a class action for injunctive or declaratory relief in the same action that seeks compensatory damages under Fed. R. Civ. P. 23(b)(2)." The foregoing quote comes from Senior Circuit Judge Damon J. Keith's dissenting opinion from a three-judge Sixth Circuit panel's ruling issued today. In the conclusion to his dissent, Judge Keith writes, "The majority improperly holds that Title VII plaintiffs will never be able to obtain certification under Fed. R. Civ. P. 23(b)(2) to collectively enforce the rights and remedies under both the 1991 Civil Rights Act, 42 U.S.C. § 1981a, and Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e."
Posted at 10:10 AM by Howard Bashman



Too many Cooks don't spoil the dormant Commerce Clause argument: Those who enjoy Eleventh Circuit decisions featuring two judges with the last name Carnes (see, e.g., this opinion) may likewise enjoy today's circuit-splitting dormant commerce clause ruling of a unanimous three-judge Sixth Circuit panel containing two judges with the last name Cook.
Posted at 09:55 AM by Howard Bashman



"Alito Likely to Win Committee Approval": Jesse J. Holland of The Associated Press provides this report.

At 9:30 a.m. eastern time -- just moments from now -- the Senate Judiciary Committee will hold its executive business meeting (also known as the mark-up) on the nomination, at which time the committee members will vote. Each Senator is entitled to speak for ten minutes, and there are 18 Senators on the committee, so the meeting could take longer than three hours.

You can view the session live, online via C-SPAN by clicking here (RealPlayer required).
Posted at 09:23 AM by Howard Bashman




"Alito Is Expected to Clear Senate Judiciary Committee Today; The full Senate could consider the Supreme Court nominee within days; Votes are likely to follow party lines, with a few exceptions": Maura Reynolds has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "1985 application focus of debate as Alito vote nears."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Senate committee set to approve Alito for U.S. Supreme Court."

The Washington Times reports that "Alito vote factors in Senate races."

The Arkansas Democrat-Gazette reports that "Opponents in Arkansas lobby hard against Alito; LR offices of Lincoln, Pryor attract activists."

The New York Sun reports that "Republicans Relocate Alito Vote."

And The Daily Tar Heel reports that "Gerhardt weighs in on future of Alito."
Posted at 07:20 AM by Howard Bashman




"Ad case wins another look; Supreme Court wants challenge by state's Right to Life group reviewed": The Milwaukee Journal Sentinel contains this article today.

Michael McGough of The Pittsburgh Post-Gazette reports today that "Supreme Court avoids ruling on new campaign finance law."

In USA Today, Joan Biskupic reports that "Advocacy groups can challenge limit on ‘issue ads.'"

And The Washington Times reports that "High court remands ruling in campaign-law challenge."
Posted at 07:10 AM by Howard Bashman




"Supreme Court Refuses Review in BlackBerry Patent Dispute": This article appears today in The New York Times.

The Washington Post reports today that "Court Rejects BlackBerry Appeal; Ruling Could End Most U.S. Service."

The Los Angeles Times reports that "BlackBerry Appeal Is Rejected."

USA Today reports that "High court refuses to hear BlackBerry-maker case."

The Toronto Globe and Mail reports that "Top U.S. court rejects RIM review."

And The New York Sun contains an article headlined "Blackberry Jam: Thumbing New Yorkers Rue a Ruling of the Court" and an editorial entitled "Blackberry Jam."
Posted at 07:05 AM by Howard Bashman




"Supreme Court Ruling Could Spur Partisan Judicial Campaigns; Justices void restrictions on Minnesota judges' soliciting of money and declaring party ties. Effect of the decision could spread": David G. Savage has this article today in The Los Angeles Times.

The Minneapolis Star Tribune reports today that "Court clears way for judicial races to turn political; Candidates can now solicit contributions and accept party backing; Opponents may seek a constitutional amendment."

And The St. Paul Pioneer Press reports that "Bench candidates can still seek a party's nod; High court declines to revisit restrictions."
Posted at 07:00 AM by Howard Bashman




"A Waiting Period on Abortion: If you choose not to decide, you still have made a choice." Yesterday in The Wall Street Journal, James Taranto had an op-ed (free access) that begins, "The astonishing thing about Justice Sandra Day O'Connor's opinion in Ayotte v. Planned Parenthood--last week's case involving New Hampshire's Parental Notification Prior to Abortion Act--is that it was for a unanimous court."
Posted at 06:45 AM by Howard Bashman



"Exclusive: Supreme Ethics Problem? What Was Supreme Court Justice Antonin Scalia Doing on Day of Supreme Court Swearing-In?" As reported on last night's broadcast of the ABC News program "Nightline," "At the historic swearing-in of John Roberts as the 17th chief justice of the United States last September, every member of the Supreme Court, except Antonin Scalia, was in attendance. ABC News has learned that Scalia had instead was on the tennis court at one of the country's top resorts, the Ritz-Carlton hotel in Bachelor Gulch, Colo., during a trip to a legal seminar sponsored by the Federalist Society."

ABCNews.com offers this written report. And online video of last night's segment can be accessed via this link.
Posted at 06:40 AM by Howard Bashman



Monday, January 23, 2006


"Protesters See Mood Shift Against 'Roe'; Court Nominees, Young Activists Cited at Annual Antiabortion March": This article will appear Tuesday in The Washington Post.
Posted at 11:33 PM by Howard Bashman



"Court Opens Campaign Law to Challenges": Linda Greenhouse will have this article Tuesday in The New York Times.

And Tuesday in The Washington Post, Charles Lane will report that "Campaign Finance Law May Have A Loophole; Some Issue Ads Could Be Exempt, Justices Say."
Posted at 11:30 PM by Howard Bashman




Available online from law.com: Tony Mauro has articles headlined "High Court Remands to Lower Court on Campaign Reform Law" and "No Sentimental Send-Off for O'Connor -- Yet."

Meanwhile, in other news, "Sentencing Speeches Upheld by 9th Circuit."
Posted at 11:25 PM by Howard Bashman




Tonight's DVD selection: "Enron: The Smartest Guys in the Room," reviewed here by A.O. Scott of The New York Times. Still plenty of time to view the film before a certain criminal trial gets underway next week in Houston.
Posted at 11:20 PM by Howard Bashman



"RIM hit by BlackBerry patent setback": Financial Times provides this news update.
Posted at 08:44 PM by Howard Bashman



Making a federal case of it: The San Francisco Chronicle today contains an article headlined "Going for broke in battle over gay vows; Many activist groups fear federal case could undermine their state-by-state strategy."
Posted at 08:40 PM by Howard Bashman



"In re: 'Those "Happy Homos."'" The blog "Underneath Their Robes" features this new post.
Posted at 08:32 PM by Howard Bashman



"RIM's Supreme Setback": Dan Frommer has this report at Forbes.com.
Posted at 08:30 PM by Howard Bashman



"Poll: Alito should sit on high court; Supreme Court nominee expected to win panel support Tuesday." CNN.com provides this report.

And Voice of America News reports that "US Senate Panel Expected to Approve Supreme Court Nominee." Tomorrow's business meeting of the Senate Judiciary Committee is scheduled to start at 9:30 a.m., and C-SPAN plans to televise it live.
Posted at 08:25 PM by Howard Bashman




"Activists take campaign to top judge's elegant domain": The Guardian (UK) today contains an article that begins, "Justice David Souter has a very nice home. A pretty 200-year-old wooden farmhouse, it is set in eight acres (three hectares) of land in the small town of Weare, New Hampshire."

And BBC News provides a report headlined "Campaign to seize US judge's home; Activists angered by a US Supreme Court ruling that homes can be demolished for public developments are trying to seize the home of one of the judges involved."
Posted at 08:12 PM by Howard Bashman




Airport first, sainthood second: The Associated Press reports that "Episcopalians Seek Sainthood for Marshall."
Posted at 08:10 PM by Howard Bashman



"Supreme Defeat for 'Two Buck Chuck' Maker": The Los Angeles Times provides this news update.
Posted at 06:00 PM by Howard Bashman



"Keeping Secrets: A simple prescription for keeping Google's records out of government hands." Law Professor Tim Wu has this jurisprudence essay online at Slate.
Posted at 05:55 PM by Howard Bashman



"O'Connor Breaks Tie in Possible Last Vote": Gina Holland of The Associated Press provides this report.
Posted at 05:54 PM by Howard Bashman



U.S. Supreme Court issues appellate waiver ruling: The decision was easy to overlook given the understandable focus on today's election law and state sovereign immunity rulings, but in addition to deciding those sexy cases the Court today held 7-2 that a defendant should not expect to obtain a new trial on appeal due to insufficiency of the evidence in a civil case in the absence of an appropriate post-judgment motion even if the sufficiency of the evidence had been challenged during the trial. You can access today's appellate waiver ruling at this link.
Posted at 05:00 PM by Howard Bashman



"Justice O'Connor's Closing Statement: More from a Supreme mess." Susan E. Wills has this essay today at National Review Online.
Posted at 04:40 PM by Howard Bashman



"We consider whether possession of an assault weapon in violation of California Penal Code section 12280(b) is a 'crime of violence' under the federal Sentencing Guidelines." And the answer is "no" according to an opinion that Circuit Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. In the opinion, the reigning male judicial superhottie writes, "So long as the item in question has substantial legitimate uses, its mere possession cannot, without more, constitute a crime of violence."
Posted at 03:30 PM by Howard Bashman



"High Court Remands to Lower Court on Campaign Reform Law": law.com's Tony Mauro provides this news update.
Posted at 03:23 PM by Howard Bashman



"Salad not appealing -- now woman's appealing fine": This article appears today in The Express-Times of Easton, Pennsylvania.

The Allentown Morning Call reported last Thursday that "Palmer Township woman's tossed salad is costing her some green; She's fighting littering citation; Officer says she got off easy."

And in related coverage, The Associated Press offers an article headlined "Woman Cited in Pa. for Flinging Lettuce" that begins, "A woman fined $173.50 for throwing salad greens out of her car says, lettuce not be too quick to judge her."
Posted at 03:14 PM by Howard Bashman




"Alito Poised to Win Senate Panel Approval": Jesse J. Holland of The Associated Press provides this report.
Posted at 03:11 PM by Howard Bashman



"Blawg Review #41": Here, at "Jonathan B. Wilson."
Posted at 03:05 PM by Howard Bashman



"Setback for BlackBerry maker; High court rejects Research in Motion petition to review ruling that could shut e-mail service": CNNMoney.com provides this report.
Posted at 03:02 PM by Howard Bashman



The "Election Law" blog on today's U.S. Supreme Court election law developments: Law Professor Rick Hasen provides this post.
Posted at 12:30 PM by Howard Bashman



"A note from the editor": Lincoln Caplan, editor and president of Legal Affairs magazine, issued this statement today containing some sad news about the publication that this blog has had the pleasure and privilege of being affiliated with since April 2004.

In related coverage, The Chicago Tribune reports today that "Demise of Legal Affairs proves there's no justice."

"How Appealing" is scheduled to remain right here until April 20, 2006, at which point (as detailed in this press release) new posts will appear at this blog's to-be-announced new location at the law.com web site.
Posted at 12:05 PM by Howard Bashman




Today's U.S. Supreme Court opinions and Order List: The Court today issued three opinions in argued cases and a decree in an original proceeding.

1. In Wisconsin Right to Life, Inc. v. Federal Election Comm'n, No. 04-1581, a case that was just argued last week, the Court today issued a per curiam opinion (that reads like Justice Stephen G. Breyer's handiwork) remanding the case for a ruling on the merits of plaintiff's challenge. Because the oral argument occurred so recently, the transcript is not yet available via the Court's web site.

2. In Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., No. 04-597, Justice Clarence Thomas delivered the opinion of the Court. You can access the syllabus here; Justice Thomas's opinion here; Justice John Paul Stevens' dissenting opinion, in which Justice Anthony M. Kennedy joined, here; and the oral argument transcript here.

3. In Central Va. Community College v. Katz, No. 04-885, Justice Stevens delivered the opinion of the Court, which divided by a 5-4 margin with Justice Sandra Day O'Connor as the crucial swing vote. You can access the syllabus here; Justice Stevens' opinion here; Justice Thomas's dissenting opinion, in which the Chief Justice and Justices Antonin Scalia and Kennedy joined, here; and the oral argument transcript here.

Today's decree in the original proceeding captioned Alaska v. United States, No. 128, Orig., can be accessed here.

Today's Order List can be accessed here. The Court granted review in no new cases today.

Gina Holland of The Associated Press reports that "Supreme Court Sidesteps Campaign Finance." And in other coverage from The AP, "High Court Won't Hear BlackBerry Appeal" and "Court Won't Hear Judicial Elections Case."

Reuters provides reports headlined "Supreme Court: states can be sued under bankruptcy law" and "US high court declines to review RIM patent ruling."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court allows campaign finance challenges."
Posted at 10:00 AM by Howard Bashman




"In Nazi Memorabilia Fight, Yahoo Can't Win for Losing": Today's installment of my weekly appellate column for law.com is available here.
Posted at 08:35 AM by Howard Bashman



"Bush nominee broke law; A federal judge nominated to the U.S. Circuit Court owned stock in corporations involved in lawsuits brought before him": Will Evans has this article today at Salon.com.
Posted at 07:02 AM by Howard Bashman



"Alito's Vote Hinges on Senators in N.J. and Pennsylvania": The New York Sun contains this article today.

The Daily Princetonian reports today that "Alito '72 faces committee vote; University poised to have first alumnus on high court in half century."

The Stanford Daily reports that "Democrats stall Alito's appointment."

And The Midland (Tex.) Reporter-Telegram reports that "Cornyn reflects on Alito hearings."

In commentary, The New York Times contains an editorial entitled "Judge Alito's Radical Views."

The Muskogee (Okla.) Phoenix contains an editorial entitled "Confirm Judge Alito."

The Free Lance-Star of Fredericksburg, Virginia contains an editorial entitled "Confirm Judge Alito."

In USA Today, Law Professor Richard W. Garnett has an op-ed entitled "Two justices who 'get' religion; To hear Samuel Alito's critics, you'd think he and retiring Justice Sandra Day O'Connor are as different as night and day; Not so; In fact, when it comes to religious freedom and the Constitution, they read from the same script."

In The Philadelphia Inquirer, Harold Jackson has an op-ed entitled "Alito's spin at hearings shows he can't be trusted."

In The Palm Beach Post, Tom Blackburn has an op-ed entitled "Keep court behind the curtain."

In The Daily Texan, Elliott Ash and Ryan Ash have an op-ed entitled "Confirmation process flawed."

In The Columbia Chronicle, Derek Strum has an op-ed entitled "Alito's qualified and confirmed--deal with it."

And online at OpinionJournal, Dan Gerstein has an essay entitled "Base Dogma: Left-wing bloggers observe the Alito hearings from an alternative universe."
Posted at 07:00 AM by Howard Bashman




"Push in Nebraska highlights new abortion dynamic; Opponents flex growing influence": This article appears today in The Boston Globe.
Posted at 06:44 AM by Howard Bashman



"Once feds rest, will Ryan take the stand? After being tarred by prosecution for months, ex-governor faces pivotal decision." The Chicago Tribune contains this article today.
Posted at 06:40 AM by Howard Bashman



"Attorney's Perseverance Yields a Legal Masterpiece; Randol Schoenberg spent 7 1/2 years pursuing Austria's return of art looted by the Nazis": This article appears today in The Los Angeles Times.
Posted at 06:38 AM by Howard Bashman



"Gay Couple Loses Lawsuit Over Advertisement Photo": Josh Gerstein has this article (pass-through link) today in The New York Sun. Friday's ruling of the U.S. District Court for the District of Columbia can be accessed here.
Posted at 06:34 AM by Howard Bashman



"Politics Alleged In Voting Cases; Justice Officials Are Accused of Influence": This front page article appears today in The Washington Post.
Posted at 06:28 AM by Howard Bashman


Sunday, January 22, 2006


"Salazar puts own stamp on Alito vote": Columnist Diane Carman has this op-ed today in The Denver Post.
Posted at 10:20 PM by Howard Bashman



"Vaccine case verdict upheld; Dr. Wallace E. Gonsalves Jr., 64, is serving a 10-year sentence in federal prison on charges that include diluting vaccines for immigrants": The Providence Journal today contains this article reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued Friday.
Posted at 10:18 PM by Howard Bashman



"Blatz sees a threat to Minnesota's judiciary; Putting more politics in judicial elections puts at risk something Minnesotans should safeguard -- confidence in the courts": Columnist Lori Sturdevant has this op-ed today in The Minneapolis Star Tribune.
Posted at 10:10 PM by Howard Bashman



"Where The Real Action Is... For all the debate in Washington, the battle over abortion is actually in the states, which are imposing more limits than ever; Missouri is a case study." This article will appear in the January 30, 2006 issue of Time magazine.
Posted at 09:58 PM by Howard Bashman



"Pressure may drive Dems to filibuster Alito vote": Columnist Robert Novak has this op-ed today in The Chicago Sun-Times.
Posted at 07:14 PM by Howard Bashman



"Oklahoma City moves past its infamous bombing; The release of Michael Fortier Friday caused few ripples in the revitalized city, despite his role in the 1995 terror attack": Monday's edition of The Christian Science Monitor will contain this article.
Posted at 07:04 PM by Howard Bashman



A partial graphic mention: Back on November 16, 2005, Adam Liptak had an article in The New York Times headlined "Mystery of Gossipy Blog on the Judiciary Is Solved" in which I was mentioned and quoted.

Today, the New Jersey section of The New York Times -- that's Section 14 for those of you scoring at home -- contains something of a follow-up (as I first noted here earlier today), an article headlined "He Fought the Law. They Both Won. The Double Life of a Prosecutor Who Preferred Cheeky Blogging."

Today's article neither mentions nor quotes me. However, as those of you fortunate enough to get the New Jersey section of today's NYTimes can see for yourselves by turning to read the completion of the article on page 8, a graphic accompanying the article consists of a reproduction of this "Underneath Their Robes" post cropped in a manner so as to show only my first name. Henceforth, I shall not complain about receiving the New Jersey section of The New York Times as a regular part of the newspaper's Sunday home delivery at my residence in the northwestern suburbs of Philadelphia.
Posted at 06:54 PM by Howard Bashman




"Former employees render a less-than-unanimous verdict; As trial nears, conflicted, varied views of Skilling and Lay emerge": This article appears today in The Houston Chronicle.
Posted at 04:45 PM by Howard Bashman



"Hearing loss: Before 1925, the Senate didn't hold Supreme Court confirmation hearings; After Samuel Alito's appearance, some are waxing nostalgic." Alan Wirzbicki has this article today in the Ideas section of The Boston Globe.
Posted at 04:40 PM by Howard Bashman



"A New Reality for First 'Survivor' Winner: Tax Evasion Trial." This article appears today in The New York Times.
Posted at 04:35 PM by Howard Bashman



"How to turn your anonymous blog into a career": Andrew Raff has this post at "AndrewRaff.com." As the conclusion to Andrew's post reveals, all that's involved is a following a simple, three-step process.
Posted at 03:30 PM by Howard Bashman



"Mistakes found in 98% of US patents": The blog "Out-Law.com," written by the law firm Pinsent Masons, offers this post. By contrast, blog posts on average only contain errors 97% of the time, proving once again the superiority of blogs to all other things.
Posted at 03:25 PM by Howard Bashman



"Why the Senate Should Not Confirm Samuel Alito": Law Professor Geoffrey R. Stone has this post today at the University of Chicago Law School's "Faculty Blog."
Posted at 03:20 PM by Howard Bashman



"Calif justices remove former Stanford law dean from case": David Kravets of The Associated Press provides a report that begins, "The California Supreme Court removed Kathleen Sullivan, Stanford Law School's former dean, from a biotechnology giant's legal team in a $500 million licensing dispute after she recently failed the State Bar exam."
Posted at 03:07 PM by Howard Bashman



Just in time for spring break: Yesterday's edition of The Daytona Beach News-Journal contained an article headlined "Judge: Daytona anti-nudity laws violate Constitution."

And The Orlando Sentinel reported yesterday that "Adult club in Daytona wins ruling; City fails to prove alcohol, crime link, judge says."
Posted at 12:15 PM by Howard Bashman




"A Door-to Door Bid to Single Out Justice; Foes turn a ruling on its head, targeting Souter's property": The Los Angeles Times contains this article today.

And The Associated Press reports that "Eminent Domain Activists Target Souter."
Posted at 11:58 AM by Howard Bashman




"He Fought the Law. They Both Won. The Double Life of a Prosecutor Who Preferred Cheeky Blogging." The New Jersey section of today's edition of The New York Times contains a lengthy, front page profile of David B. Lat, the author of the blog "Underneath Their Robes" and soon to be half of the new "Wonkette."
Posted at 11:40 AM by Howard Bashman



"The end of pretense": Today in The Arkansas Democrat-Gazette, Bradley R. Gitz has an op-ed that begins, "Democratic Sen. Joe Biden recently dispensed some uncharacteristic wisdom when he said that the Senate Judiciary Committee confirmation hearings for Samuel Alito were pointless."
Posted at 09:48 AM by Howard Bashman



In the January 30, 2006 issue of Newsweek: Evan Thomas and Stuart Taylor Jr. will have an article headlined "O'Connor's Rightful Heir? Kennedy may check the Supreme Court's tilt toward the right."

Steven Levy will have an article headlined "Technology: Searching for Searches; The government is demanding millions of your queries; AOL, Yahoo and Microsoft have coughed up; Google is resisting."

And George F. Will will have an essay entitled "About Those Categories... In the Roberts Court's first major decision, the ideas of liberalism, conservatism, activism and deference to democracy got blurred."
Posted at 09:44 AM by Howard Bashman




"States Step Up Fight on Abortion; Anticipating a more conservative Supreme Court, lawmakers are proposing bans in hope of forcing the justices to revisit Roe vs. Wade": This article appears today in The Los Angeles Times.

And The Dallas Morning News reports today that "Vote may be key to future of abortion; State reps will play large role if Roe is overturned, groups say."
Posted at 09:40 AM by Howard Bashman



Saturday, January 21, 2006


"Abortion becoming a state-by-state fight": The St. Louis Post-Dispatch today contains an article that begins, "Missouri and Illinois underscore the changing dynamics of the nation's struggle over the abortion issue since the Roe v. Wade decision 33 years ago."
Posted at 10:54 PM by Howard Bashman



"Assisted-Suicide Ruling May Affect Painkiller Cases": This article will appear Sunday in The Washington Post.
Posted at 10:45 PM by Howard Bashman



"Acceptable Use: How Bork got the last laugh; For years after Bork's defeat, Republican nominees refused to echo his judicial philosophy before the Senate; Then came John Roberts and Samuel Alito." Law Professor Cass R. Sunstein has this essay (pass-through link) online today at The New Republic.
Posted at 10:38 PM by Howard Bashman



"States of Confusion": Sunday in The New York Times, William Baude of "Crescat Sententia" will have an op-ed that begins, "It's no longer just anti-abortion advocates who oppose Roe v. Wade. These days, Roe's traditional critics are joined by a surprising and increasing number of people who are pro-choice but willing - in fact, eager - to have the ruling overturned."

Relatedly, tomorrow's newspaper will also contain an op-ed by William Saletan entitled "Three Decades After Roe, a War We Can All Support."
Posted at 10:30 PM by Howard Bashman




"The Last Post of Juan Non-Volokh": This post appears this evening at "The Volokh Conspiracy."
Posted at 09:23 PM by Howard Bashman



"Hatch: Life after victory is 'complicated'; On the witness stand, Richard Hatch says CBS would not return his calls, his investment fund was pillaged and the weeks immediately after his Survivor victory were fraught with child-abuse allegations and media coverage." The Providence (R.I.) Journal today contains an article that begins, "Richard Hatch starred again yesterday, but this time, instead of appearing in front of 55 million TV viewers on the reality-show Survivor, he was testifying before a panel of jurors in his federal tax-evasion trial."

And that newspaper's television critic, Andy Smith, today has an article headlined "Survivor's Hatch poised before real jury."
Posted at 08:55 PM by Howard Bashman




"Worries about Alito, abortion": This article appears today in The New Britain (Conn.) Herald.
Posted at 08:40 PM by Howard Bashman



"Truthiness 101: From Frey to Alito." Columnist Frank Rich will have this op-ed (TimesSelect subscription required) Sunday in The New York Times.

Bloomberg News columnist Ann Woolner has an op-ed entitled "Roberts Rules, Alito Waits, Bush Reaches for Power."

At The San Francisco Chronicle's web site, columnist Mark Morford has an essay entitled "Sam Alito On Brokeback Mountain: What do the bitter neocon nominee and the amazing Oscar-bound film have in common?"

Today in The Houston Chronicle, Marianne Means has an op-ed entitled "Frightening to see Roberts agreeing with Scalia, et al."

In The Washington Times, William Murchison has an op-ed entitled "As Roe turns 33."

The South Florida Sun-Sentinel contains an editorial entitled "Supreme Court: Senate prepares to vote on nominee." The editorial concludes, "Judge Samuel Alito has earned a seat on the high court and should be confirmed."

In The Decatur Daily, James L. Evans has an essay entitled "If or when the church, state wall comes down."

Yesterday's edition of The Rutland (Vt.) Herald contained an editorial entitled "No to Alito."

Yesterday in The Chicago Sun-Times, columnist Neil Steinberg had an op-ed entitled "Alito's America presents frightening image for Dems."

Yesterday in The Charlotte Observer, Ferrell Blount had an op-ed entitled "The real Samuel Alito: Judge is most qualified Supreme Court nominee in seven decades."

And yesterday's edition of The Harvard Crimson contained an editorial entitled "Kennedy Doesn't Give a Hoot: Senator's decision to cut ties with the Owl was right, though he was not wrong to join."
Posted at 08:15 PM by Howard Bashman




Available online from National Public Radio: Yesterday's broadcast of "All Things Considered" contained segments entitled "Maryland Judge Rejects Ban on Same-Sex Unions"; "Google Fights Request to Turn Over Search Records"; "Search Engines Records and How They Can Be Used"; and "Privacy in Cyberspace: Is It Possible?"

And yesterday's broadcast of "Day to Day" contained a segment entitled "Bush Administration Seeks Google Search Records."

RealPlayer is required to launch these audio segments.
Posted at 03:45 PM by Howard Bashman




"Yohalem '02 will clerk for Justice Kennedy": The Dartmouth recently published this article.
Posted at 03:42 PM by Howard Bashman



"Gay marriage ban falls; Judge rules law unconstitutional; decision is stayed as state appeals": This article appears today in The Baltimore Sun.

The Washington Post today contains a front page article headlined "Judge Strikes Down Md. Ban on Gay Marriage; Ruling Is Stayed as Constitutional Fight Ignites."

And The Washington Times reports that "Gay 'marriage' ban struck."

My earlier coverage, which links to the ruling, is here.
Posted at 03:40 PM by Howard Bashman




"Fellow Judges Testify in Support of Alito Nomination": The Republican Policy Committee of the U.S. Senate issued this document yesterday.
Posted at 03:15 PM by Howard Bashman



"Pickering book details battle for bench": The Hattiesburg American earlier this week contained an article that begins, "Retired federal appeals court Judge Charles Pickering is in New York City this week promoting his just-released book on the judicial confirmation process that cost him a lifetime appointment to the federal bench." You can learn more about the book here.
Posted at 12:05 PM by Howard Bashman



"Alito: 'Inappropriate' for me to comment on Roe; He puts Miranda and libel decisions in a class above abortion ruling": This article appears today in The Newark (N.J.) Star-Ledger.

Today in The Pittsburgh Post-Gazette, Michael McGough reports that "Alito ties O'Connor to his '85 abortion opinion; Responses revealed in questions from Senate panelists." I have posted at this link a copy of the written responses that the nominee issued yesterday.

The Salem (Ore.) Statesman Journal reports that "Wyden will vote against Alito; Oregon Democrat says nominee will let his beliefs steer his decisions as justice."

The Washington Times reports that "Judicial misconduct complaint against Alito called a stunt."

The Chicago Tribune reports that "Reagan's legacy at crossroads; 25 years after oath, his agenda endures; But is the GOP adrift?"

The Bloomington (Ill.) Pantagraph reports that "Senator opposes Alito for Court."

And law.com's T.R. Goldman has an article headlined "Did Democrats Seal Their Defeat in Alito Hearings?"
Posted at 10:50 AM by Howard Bashman




"Appeals court asbestos ruling hurts St. Paul insurer": The St. Paul Pioneer Press contains this article today. The article reports that "Appeals Court Judge Samuel Alito, who has been nominated to be a U.S. Supreme Court Justice, wrote the opinion on the case, which is one of the nation's largest asbestos cases." You can access the opinion at this link.
Posted at 10:40 AM by Howard Bashman



"Storm over, Schiavo to remarry; Ten months after the controversial death of his wife, Michael Schiavo has applied for a marriage license": This article appears today in The St. Petersburg Times.
Posted at 10:35 AM by Howard Bashman



"Abortion foes finally see hope for their cause": The Miami Herald contains this article today.
Posted at 10:33 AM by Howard Bashman



"Smith steps back from 'painful' suicide issue; The senator, whose son killed himself, makes a politically rare decision that could protect Oregon's law": This article appears today in The Oregonian.
Posted at 10:32 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Appeals court rules for crime victims" and "Judge recovering from surgery; Chin's headaches result of bleeding under his skull."
Posted at 08:24 AM by Howard Bashman



"Technology's Seamier Side; Fates of Pornography and Internet Businesses Are Often Intertwined": This article appears today in The Washington Post. And Leslie Walker has an essay entitled "Forgot What You Searched For? Google Didn't."

The New York Times, meanwhile, today contains an editorial entitled "Fishing in Cyberspace."
Posted at 08:20 AM by Howard Bashman



Friday, January 20, 2006


"Maryland Judge Voids Ban on Same-Sex Marriage; State Quickly Appeals": Adam Liptak will have this article Saturday in The New York Times.
Posted at 11:28 PM by Howard Bashman



"Frist calls Alito Democrats' 'nightmare'": Reuters provides this report.
Posted at 11:24 PM by Howard Bashman



Available online from law.com: Shannon P. Duffy reports that "Law Firm's Defamation Claim Found to Trump Critics' Internet Anonymity; Law firm sues over disparaging online comments." The ruling can be accessed here.

An article is headlined "Breyer: 'Never Heard a Voice Raised in Anger' on High Court; Speaking to students, Breyer discusses cameras in courtroom and a new atmosphere under Chief Justice Roberts."

And the brand new installment of my law.com column is entitled "In Nazi Memorabilia Fight, Yahoo Can't Win for Losing."
Posted at 11:15 PM by Howard Bashman




Access online U.S. Supreme Court nominee Samuel A. Alito, Jr.'s written answers submitted today to follow-up questions from members of the Senate Judiciary Committee: I have posted the answers online at this link (large PDF file).

And Jesse J. Holland of The Associated Press reports that "Alito Gives Senate Committee More Answers."
Posted at 05:25 PM by Howard Bashman




50 Cent and the "scenes a faire" doctrine: Matt offers these thoughts at "A List Of Things Thrown Five Minutes Ago."
Posted at 05:18 PM by Howard Bashman



"Internet Censorship and Surveillance": This segment (available in both RealPlayer and Windows Media formats) appeared on today's broadcast of the public radio program "On Point." The segment addresses the question "Why are American companies like Microsoft and Yahoo cooperating in an online crackdown from Iran to China?"
Posted at 05:00 PM by Howard Bashman



"Prosecution rests; Hatch goes on stand today; A contractor testifying for the government says he did extensive renovations at two of Richard Hatch's properties on Aquidneck Island": The Providence (R.I.) Journal contains this article today. And the newspaper also provides an update headlined "Hatch eager for spotlight as he testifies at tax trial."
Posted at 04:54 PM by Howard Bashman



"Alito rouses little fury; Expected ad wars over Bush's court nominees fizzle": This news analysis appeared yesterday in The Sacramento Bee.
Posted at 04:34 PM by Howard Bashman



Vindicating the right of crime victims to speak at federal sentencing: Late today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this opinion in typescript. Judicial superhottie Circuit Judge Alex Kozinski wrote the court's opinion, while a visiting judge has penned a separate dubitante opinion.
Posted at 04:25 PM by Howard Bashman



"Judicial misconduct complaint filed against Alito": The Associated Press provides this report.
Posted at 04:18 PM by Howard Bashman



"The legacy of Justice O'Connor": Third Circuit Judge (and First Lady of Pennsylvania) Marjorie O. Rendell has this op-ed today in The Philadelphia Daily News.
Posted at 03:25 PM by Howard Bashman



"DRUDGE Exclusive: Teddy's Last Gasp On Alito." A bit earlier today, the Drudge Report posted this.
Posted at 02:45 PM by Howard Bashman



"Safety's death stuns Northwestern team": USA Today reported that news in the summer of 2001. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued an opinion rejecting Northwestern University's challenge to a court-approved settlement between Rashidi Wheeler's estate and a manufacturer of ephedra-containing products. The settlement bars Northwestern's claims for contribution against the manufacturer and others that settled.
Posted at 02:33 PM by Howard Bashman



Bobblehead doll not included: The Washington Post today reports here (final item) on the sale of the North Arlington home that was Chief Justice William H. Rehnquist's residence (via "Wonkette").
Posted at 12:38 PM by Howard Bashman



"Harper eager to politicize top court, Martin warns; Tories' social-conservative agenda drawn from U.S. 'extreme right,' Liberal Leader says": This article appears today in The Toronto Globe and Mail.
Posted at 12:34 PM by Howard Bashman



"Md. court rules against same-sex marriage ban; Judge says law 'cannot withstand constitutional challenge'": The Associated Press provides this report on an opinion and order that the Circuit Court of Baltimore, Maryland issued this morning.
Posted at 11:45 AM by Howard Bashman



"The Supreme Court: Why Democrats can't stop Alito." The brand new issue of The Week magazine contains this "Controversy of the Week" essay.
Posted at 11:40 AM by Howard Bashman



Substitution of new named plaintiff who actually consumed Vioxx for original named plaintiff who hadn't in Missouri state court class action does not amount to "commencement" of action allowing for removal to federal court under the Class Action Fairness Act of 2005, Eighth Circuit rules: The U.S. Court of Appeals for the Eighth Circuit issued this ruling today.
Posted at 11:25 AM by Howard Bashman



The Legal Intelligencer is reporting: In today's newspaper, Shannon P. Duffy has an article (subscription required) headlined "Defamation Claim Trumps Internet Anonymity" that begins, "Ruling on one of the most important First Amendment issues of the day, a Philadelphia judge has ruled that a valid defamation claim trumps any right to speak anonymously on the Internet." The ruling, which appears to be the subject of an appeal, can be accessed here.

And Meg Charendoff and Asher Hawkins have an article headlined "Breyer: 'Never Heard a Voice Raised in Anger' on High Court" (subscription required).
Posted at 11:15 AM by Howard Bashman




Available online from Reason: David Boaz has an essay entitled "Ginsburg in the 'Balance': It didn't matter then--it shouldn't now."

And Ronald Bailey has an essay entitled "Roe v. Wade Forever: Legalized abortion's 33rd anniversary."
Posted at 11:08 AM by Howard Bashman




"Last Stand -- An Audacious Enron Defense: Company's Moves Were All Legal; With $40 Million War Chest, Skilling Calls on Lawyer With Business Expertise; Hiring a Sociology Professor." This front page article (pass-through link) appears today in The Wall Street Journal.
Posted at 11:04 AM by Howard Bashman



"Maryland Judge Set to Rule on Gay Marriage Rights": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:45 AM by Howard Bashman



"3 senior Senate Democrats come out against confirming Alito; They say he'll defer to Bush": Michael McGough has this article today in The Pittsburgh Post-Gazette.

The Chicago Tribune reports today that "Durbin says he'll vote no on Alito; He calls judge's views outside mainstream."

The Chicago Sun-Times reports that "Durbin to vote against Alito, says filibuster possible."

The Washington Times reports that "Four more Democrats plan to oppose Alito."

The Newark (N.J.) Star-Ledger reports that "Senator troubled by Alito's record; Abortion rights views 'unsettle' Menendez."

The Denver Post reports that "Salazar to vote no on Alito; Jurist 'outside the mainstream.'"

The Rocky Mountain News reports that "Salazar opposes Alito; Civil-rights record, allegiance to executive branch worry Coloradan."

The Daily Sentinel of Grand Junction, Colorado reports that "Sen. Salazar nixes Alito as Supreme Court justice."

The Pueblo Chieftain reports that "Salazar joins with Alito's foes."

The Virginian-Pilot reports that "Sen. Warner gives Alito his formal endorsement."

The Daily Press of Hampton Roads, Virginia reports that "Warner backs Alito for court; The support for confirmation follows a private meeting between the senator and Bush's nominee for the Supreme Court."

The Burlington Free Press reports that "Leahy plans to vote against Alito."

The Brattleboro Reformer reports that "Leahy says no to Alito."

The Argus Leader of Sioux Falls, South Dakota contains an article headlined "Johnson: Still no decision on Alito."

The Gallup News Service reports that "Abortion Views Reviewed as Alito Vote Nears; Americans want abortion legal, but favor significant limits."

The Daily Northwestern reports that "Liberal groups anxious about Alito's impending confirmation."

And Central Michigan Life reports that "Alito's qualifications for high court questioned at panel."
Posted at 07:20 AM by Howard Bashman




"Google Resists U.S. Subpoena of Search Data": The New York Times contains this article today.

The Washington Post today contains a front page article headlined "Google Refuses Demand for Search Information; Government Asked 4 Firms for Data in Effort to Revive Anti-Porn Law."

The Los Angeles Times reports that "U.S. Obtains Internet Users' Search Records; Yahoo and others reveal queries from millions of people; Google refuses; Identities aren't included, but the data trove stirs privacy fears."

The San Jose Mercury News reports that "Other firms handed over data on Web searches." The newspaper has also posted online the declarations of Joel McElvain and Philip B. Stark, Ph.D., which the federal government filed in court in support of its request for access to Google's search records.

USA Today reports that "Google rejects call for data in porn probe; Bush administration seeks records of user searches; Yahoo, MSN cooperate."

The Chicago Tribune reports that "U.S. wants to google ... Google; Demand for data on Web searches may spark fight on privacy rights."

And The San Francisco Chronicle reports that "Google says no to data request; Government wants records of searches."
Posted at 07:00 AM by Howard Bashman




"Must Public Subway Trains that Feature Advertising Carry Anti-Abortion Ads? What the First Amendment Has to Say." FindLaw commentator Vikram David Amar has this essay today.
Posted at 06:55 AM by Howard Bashman



"Political footballs and constitutional law": Today in The Los Angeles Times, columnist Rosa Brooks has an op-ed that begins, "On Monday, my constitutional law class will meet for the first time this semester, and I don't have the slightest idea what to tell the students about the subject we'll be discussing for the next 13 weeks."
Posted at 06:54 AM by Howard Bashman



"Tripping Up on Trips: Judges Love Junkets as Much as Tom DeLay Does." Dorothy Samuels has this "Editorial Observer" essay today in The New York Times. The September 2002 installment of my monthly appellate column examined this issue.
Posted at 06:45 AM by Howard Bashman



"Kiss and Make It Up: What happens when there is no law constraining Alito." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 12:08 AM by Howard Bashman


Thursday, January 19, 2006


"Why Lawyers Are Liars; Apparently, It's All In a Life's Work": Michael Kinsley will have this op-ed Friday in The Washington Post.
Posted at 11:58 PM by Howard Bashman



"More Democrats Say They Will Oppose Alito; But Filibuster Less Likely, Strategists Note": This article will appear Friday in The Washington Post.
Posted at 10:24 PM by Howard Bashman



"Pact by 14 senators set the stage for Alito's possible confirmation": James Kuhnhenn of Knight Ridder Newspapers provides this report.
Posted at 10:10 PM by Howard Bashman



Is this rock heavier than that line is long? At "The Volokh Conspiracy," Orin Kerr has a post titled "How Conservative Is Samuel Alito?" I previously expressed a similar conclusion.
Posted at 10:05 PM by Howard Bashman



In today's edition of The Concord (N.H.) Monitor: The newspaper contains articles headlined "High court sends back abortion case; Sides clash on extent of requested change"; "Lower court's task: Figure out intent"; and "Where the case goes from here."

In addition, the newspaper contains an editorial entitled "Settle abortion case in Legislature, not court."
Posted at 08:20 PM by Howard Bashman




"Judge Alito -- In His Own Words": The Republican Policy Committee issued this document today.
Posted at 05:30 PM by Howard Bashman



"Attacks On Analysis Of Alito Record Are Pure Politics": Paul Janensch has this essay today in The Hartford Courant.
Posted at 05:28 PM by Howard Bashman



"New life, identity await Fortier as he leaves prison; Key witness in Oklahoma bombing trials to go into protection program": This article appears today in The Dallas Morning News.

And The New York Times reports today that "Release of Figure in '95 Bombing Rekindles Fears."
Posted at 05:20 PM by Howard Bashman




"Court Upholds Obscene Yogurt Conviction": The Associated Press provides this report from South Korea.

The Korea Times reports that "Top Court Rules Against Commercial Nude Performance."

And The Chosun Ilbo reports that "Nude Yogurt Promotion Stunt Was Obscene."

The decision does not appear to be available in English from the web site of the Supreme Court of Korea.
Posted at 04:58 PM by Howard Bashman




"Salazar will give Alito thumbs down": The Rocky Mountain News provides this update.

And The Denver Post provides a news update headlined "Salazar to vote against Alito."

In commentary, The Pittsburgh Post-Gazette today contains an editorial entitled "The Alito vote: Americans will regret his confirmation."

And in The Providence (R.I.) Journal, Glenn Sugameli has an op-ed entitled "Alito threatens health and clean water."
Posted at 04:44 PM by Howard Bashman




"Feds after Google data": Today in The San Jose Mercury News, Howard Mintz has an article that begins, "The Bush administration on Wednesday asked a federal judge to order Google to turn over a broad range of material from its closely guarded databases. The move is part of a government effort to revive an Internet child protection law struck down two years ago by the U.S. Supreme Court." The newspaper has posted online the federal government's motion to compel at this link.
Posted at 02:38 PM by Howard Bashman



Add this to the list of things Immigration Judges probably shouldn't say during an on-the-record hearing: According to an opinion that the U.S. Court of Appeals for the Third Circuit issued today, Immigration Judge Donald Ferlise said on the record during an asylum hearing, "You have to understand, the whole world does not revolve around you and the other Indonesians that just want to live here because they enjoy the United States better than they enjoy living in Indonesia. It is not a world that revolves around you and your ethnic group." In a footnote to the Third Circuit's discussion of those remarks, the court notes, "This is not the first time we have been troubled by the conduct of the IJ who presided over the proceedings in this case."
Posted at 01:45 PM by Howard Bashman



"Top Democrat Leahy to vote against Alito; Democrat Nelson to support Supreme Court nominee": CNN.com provides this report.
Posted at 01:40 PM by Howard Bashman



Third Circuit Judge Samuel A. Alito, Jr. issues a new opinion: Today's ruling involves the highly controversial issue of the automatic stay in bankruptcy.
Posted at 01:35 PM by Howard Bashman



"Appeals court revives prosecution of road rage": The Associated Press provides this report from Wisconsin. Yesterday's ruling of the Wisconsin Court of Appeals can be accessed here. This blog's more sensitive readers are cautioned that the opinion recounts acts of bird flipping.
Posted at 12:25 PM by Howard Bashman



"Sen. Leahy to Oppose Alito Nomination": Jesse J. Holland of The Associated Press provides this report.
Posted at 12:11 PM by Howard Bashman



"Post-Hearing Report on the Nomination of Samuel Alito to the Supreme Court: 'The Wrong Nominee at the Wrong Time.'" The organization People For the American Way has issued this report today.
Posted at 12:10 PM by Howard Bashman



"RIM: BlackBerry is 'vital' to U.S.; Says patent fray doesn't warrant shutdown." This article appears today in The Toronto Globe and Mail.

And The Richmond Times-Dispatch reports today that "BlackBerry firm fights shutdown."
Posted at 11:50 AM by Howard Bashman




"DeMoss on De Constitution": At "PrawfsBlawg," Paul Horwitz has this interesting post about the recent op-ed by a Fifth Circuit judge who's read the U.S. Constitution and noticed that the word "privacy" simply isn't mentioned.
Posted at 10:58 AM by Howard Bashman



"The Baucus Effect": At "Red State," Leon H has this post examining the prospect of an Alito filibuster.
Posted at 10:55 AM by Howard Bashman



The Wall Street Journal is reporting: In today's newspaper, Jess Bravin reports that "High Court Returns Abortion Case, Balking on Major Change to Law" (pass-through link).

And the newspaper today also contains a front page article headlined "Legal Setback; A Career in Courts Leads to Trouble For Seymour Lazar; For 50 Years, He Consorted With Stars and Financiers; 'Did I Hurt Anybody?'; An Ankle Bracelet at Age 78" (pass-through link). According to the article, "Mr. Lazar, long a legal thorn in the side of others, is facing the legal fight of his life. In an indictment unsealed in June, a federal grand jury in Los Angeles accused him of criminal acts related to more than 50 lawsuits, filed over more than 25 years, in which he or a family member served as lead plaintiff. They charged him with receiving 'more than $2.4 million in secret and illegal kickback payments' from a New York law firm. Mr. Lazar's case is intertwined with a long-running federal investigation of that firm, Milberg Weiss Bershad Hynes & Lerach, one of the nation's largest class-action law firms before it split in two in 2004."
Posted at 10:33 AM by Howard Bashman




"A lifetime of firsts comes to an end": The St. Louis Post-Dispatch today contains this obituary of Senior Eighth Circuit Judge Theodore McMillian. Links to additional reflections on the judge's life and accomplishments can be accessed via this earlier post.
Posted at 10:14 AM by Howard Bashman



"Restraining Order: Against Alito." This editorial (free access) will appear in the January 30, 2006 issue of The New Republic.

And that issue of the magazine will also contain an essay by Law Professor Jeffrey Rosen entitled "Uncle Sam: Will Alito let the president do whatever he wants?" (pass-through link).
Posted at 10:10 AM by Howard Bashman




"Hypocritic Oath: Scalia on abortion vs. Scalia on assisted suicide." William Saletan has this human nature essay online at Slate.
Posted at 10:02 AM by Howard Bashman



The battle over activist judges, in Canada: The Toronto Globe and Mail today contains a front page article headlined "Harper warns of activist judges; Tory leader says some appointed to bench by Liberals promote social agendas." The newspaper also contains an article headlined "Does politics dictate top court appointments?"

And The Toronto Star today reports that "Tory leader tempers his comments on judiciary; Cotler: Remarks are 'disrespectful of the rule of law'; Minister says all members of bench are independent."
Posted at 10:00 AM by Howard Bashman




"Honest Nominees And Artless Dodgers": Stuart Taylor Jr. has this essay in the current issue of National Journal.
Posted at 08:25 AM by Howard Bashman



"Democrats Poised Against Alito; Most senators in the party seem set to oppose his confirmation to the Supreme Court, but few express enthusiasm for mounting a filibuster": This article appears today in The Los Angeles Times.

The Boston Globe reports today that "Democrats doubt they can stop Alito; A liberal coalition calls for filibuster."

The Philadelphia Inquirer reports that "Alito tests loyalties of newest senator; The Democrat's vote on his fellow New Jersey native risks alienating his party or his state constituents."

The Asbury Park (N.J.) Press reports that "Menendez prepares for a vote on Alito; He'll meet with court nominee today."

The St. Petersburg Times reports that "Chat with Alito has Nelson wary; 'I didn't hear from him what I wanted to hear,' he says; GOP's Martinez will vote to confirm."

The South Florida Sun-Sentinel reports that "'Evasive' Alito troubles Nelson; Senator meets with nominee."

The Baxter (Ark.) Bulletin reports that "Pryor fears Alito's conservative stance."

And The Salem (Ore.) Statesman Journal reports that "Coalition urges 'no' vote on Alito; Group delivers a petition with 32,000 signatures to Gordon Smith's office."

In commentary, The Philadelphia Daily News contains an editorial entitled "Alito for the Supreme Court; While his views are troubling, he remains a qualified nominee."

The Poughkeepsie Journal contains an editorial entitled "Alito earns confirmation."

And in The Hartford Courant, Emanuel Margolis has an op-ed entitled "Biden And Co. Botched Easy Case Against Alito."
Posted at 07:25 AM by Howard Bashman




"Justices Reaffirm Emergency Access to Abortion": Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "In Abortion Ruling, High Court Finds Middle Path."

In USA Today, Joan Biskupic reports that "Justices send back abortion case; N.H. dispute returns to lower court."

The New York Sun reports that "Court Hands Down a Poser On Abortion."

Charlie Savage of The Boston Globe reports that "Justices refuse to reject N.H. abortion law; Order lower court to revisit ruling on parental notice." And an editorial is entitled "A dodge on abortion."

The Houston Chronicle reports that "Justices say throwing out abortion law goes too far; Panel tells lower courts to fix flaw in state measure that restricts teens."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court crafts compromise in abortion law appeal."

The Washington Times reports that "High court faults rulings against N.H. abortion law."

The Manchester (N.H.) Union Leader contains articles headlined "NH abortion law sent back" and "Law's backers, foes find something to like in ruling." And an editorial is entitled "Ayotte's partial victory: AG persuades court, with an exception."

The Washington Post contains an editorial entitled "Life-and-Death Decisions."

And The Baltimore Sun contains an editorial entitled "Abortion status quo."
Posted at 07:15 AM by Howard Bashman




"Bill seeks abortion's end in Ohio; Backers say it could help overturn Roe v. Wade": The Cincinnati Enquirer contains this article today.
Posted at 07:02 AM by Howard Bashman



"U.S. justice reflects on his take on cases": This article appears today in The Philadelphia Inquirer.
Posted at 06:58 AM by Howard Bashman



"Justices Restore L.A. Man's Conviction; The high court faults the 9th Circuit, saying its reversal exceeded the authority that federal judges have in decisions by state courts": David G. Savage of The Los Angeles Times provides this report today.

And today in The San Francisco Chronicle, Bob Egelko reports that "3rd strike sentence reinstated."
Posted at 06:50 AM by Howard Bashman




"The Assisted-Suicide Decision": This editorial appears today in The New York Times.
Posted at 06:44 AM by Howard Bashman



"What Substantive Lessons Should We Learn from the Alito Hearings?" FindLaw commentator Edward Lazarus has this essay today.
Posted at 06:40 AM by Howard Bashman



Available onlin from law.com: Tony Mauro has articles headlined "Would a Justice Alito Carry On the Reagan Revolution?" and "Supreme Court Sidesteps Abortion Rights Showdown; A rare unanimous abortion ruling that may be O'Connor's valedictory writing."

In other news, "5th Circuit 'Miranda' Case Muddies the Waters."

And an article reports that "N.J. Supreme Court to Address Limits on Client Testimonials."
Posted at 06:35 AM by Howard Bashman



Wednesday, January 18, 2006


"Moderate Democrat facing tough re-election on fence about Alito": Thursday's edition of The South Florida Sun-Sentinel will contain an article that begins, "After an 'engaging and friendly' conversation with Samuel Alito on Wednesday, Florida Sen. Bill Nelson said he remained troubled about the Supreme Court nominee's refusal to stand up for 'the little guy' against big business and big government."

Bloomberg News reports that "Democrats Predict Filibuster Won't Be Used to Block Alito Vote."

The St. Petersburg Times today contains an editorial entitled "Judging Alito: Confirming Judge Samuel Alito for the U.S. Supreme Court has its risks, but there is no compelling reason not to."

And The Winston-Salem Journal contains an editorial entitled "Alito a Bad Choice."
Posted at 10:45 PM by Howard Bashman




"U.S. justice reflects on how he tackles cases": The Philadelphia Inquirer provides a news update that begins, "He came to Philadelphia not to discuss today's New Hampshire abortion-notification decision, or the Oregon assisted-suicide case, and most certainly not the confirmation of his prospective colleague, Judge Samuel A. Alito Jr. No, U.S. Supreme Court Justice Stephen G. Breyer came here tonight to talk about his judicial philosophy and to push his new book. There were copies for sale at a table right outside the hall."
Posted at 10:40 PM by Howard Bashman



"Two more Oregon cases pending before Supreme Court; Upcoming decisions will involve arrest procedures, death-penalty sentencing": This article appears today in The Salem (Ore.) Statesman Journal.
Posted at 10:08 PM by Howard Bashman



"Justices Send Back Parent-Notification Law; Lower Court Must Modify N.H. Abortion Measure Instead of Striking It Down": Charles Lane will have this article Thursday in The Washington Post.

And Linda Greenhouse of The New York Times provides a news update headlined "Supreme Court Steers Clear of First Abortion Case in 5 Years."
Posted at 09:00 PM by Howard Bashman




"High Court Upholds Oregon Law Backing Doctor-Assisted Suicide": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. The newspaper also contains a related editorial entitled "Federalism, a la Carte" (pass-through link).

Today in The Los Angeles Times, David G. Savage reports that "Supreme Court Upholds Oregon Right-to-Die Law; Justices say Ashcroft exceeded his power by trying to punish doctors who dispensed lethal drugs; Chief Justice Roberts joins dissenters." The newspaper also contains articles headlined "'We Won,' Says Cancer Patient in Oregon Case; One of four plaintiffs hails the high court's decision as a moral victory for the dying and legal vindication for the state's voters" and "Is California Next in Line? In Sacramento, backers of an assisted-suicide law say they've gained a lot of momentum from the court ruling; But they still face major obstacles." And an editorial is entitled "States of hypocrisy."

In The New York Times, Timothy Egan and Adam Liptak have a news analysis headlined "Fraught Issue, but Narrow Ruling in Oregon Suicide Case."

In USA Today, Joan Biskupic has articles headlined "Suicide ruling reopens debate; Ore. law upheld by high court" and "Opinion accuses feds of power grab; Tone, wording a rebuke of administration." And a related article is headlined "Some hope for more laws; others fear them; Both sides react strongly to ruling on aided suicide."

In The San Francisco Chronicle, Bob Egelko has an article headlined "Victory for assisted-suicide law; High court rules for Oregon over White House." And in related coverage, "California lawmakers renew effort; Backers hope ruling will boost support for assisted death."

In The Boston Globe, Charlie Savage reports that "Doctor-assisted suicide gains ground; Supreme Court rejects bid to block Ore. law." And an editorial is entitled "Oregon's assistants."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court upholds Oregon suicide statute; The terminally ill can get drugs from doctors to end lives."

The Oregonian contains articles headlined "Justices back Oregon suicide law"; "Plaintiffs and supporters celebrate the Supreme Court's ruling on assisted suicide"; "Plaintiff says she wants to keep her options open if her condition deteriorates"; and "Given ruling, Smith says he won't fight assisted suicide." And an editorial is entitled "Oregon wins -- without Roberts; Oregon may have won the battle over assisted suicide, but Chief Justice John Roberts' dissenting vote suggests a larger war."

The Salem (Ore.) Statesman Journal contains articles headlined "Justices uphold assisted suicide; For some, decision is the end of a long battle; for others, it's the beginning" and "Opponents hope Congress will step in; However, lawmakers say assisted suicide isn't a high priority." And an editorial is entitled "Congress should heed ruling that upholds assisted suicide; It should follow Sen. Smith's advice and accept the high court's decision."

The New York Sun reports that "Leaders of GOP Flinching On Issue of Assisted Suicide."

The Sacramento Bee reports that "Assisted suicide law stands; High court rules 6-3 that the federal government went too far to block state's rule."

The Washington Times reports that "High court upholds suicide law."

The Philadelphia Inquirer contains an article headlined "Suicide ruling: End or a start?"

The Seattle Times reports that "Assisted-suicide decision may bring new effort here."

The Seattle Post-Intelligencer reports that "Ruling could revive assisted suicide effort here."

The Chicago Tribune reports that "More vital issue is care of the dying, doctors say." And an editorial is entitled "Suicide and states' rights."

And The Toronto Globe and Mail reports that "Oregon's assisted-suicide law upheld; U.S. top court rejects federal bid to punish MDs who prescribe life-ending drugs."
Posted at 08:50 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "High Court Avoids Ruling on Abortion Case" (featuring Nina Totenberg) and "Lay Gives Up Coin Toss for Prime Spot in Courtroom" (a related document is here). RealPlayer is required to launch these audio segments.
Posted at 07:35 PM by Howard Bashman



"On abortion, court finds middle ground; Its 9-to-0 ruling on a parental-notification law avoids some key issues": Warren Richey and Linda Feldmann will have this article Thursday in The Christian Science Monitor.
Posted at 07:28 PM by Howard Bashman



"Justice expresses dissent in print": From Alabama, The Associated Press provides a report that begins, "State Supreme Court Justice Mike Bolin was shocked one morning when he opened his newspaper and saw an op-ed page article by Justice Tom Parker criticizing Bolin and the other justices for following a decision by the U.S. Supreme Court."

And The Montgomery Advertiser today contains an editorial entitled "Parker's attack insults court."
Posted at 06:10 PM by Howard Bashman




"RIM: BlackBerry Shutdown May Hurt U.S." The Associated Press provides this report.

Bloomberg News reports that "Research In Motion Says BlackBerry Is Key to Economy."

And The Toronto Globe and Mail today contains an article headlined "RIM allegedly caused 'substantial harm'; NTP says business has suffered because of firm's refusal to settle infringement case."
Posted at 05:33 PM by Howard Bashman




"Harper says courts bear marks of Liberal rule": The Toronto Globe and Mail provides a news update that begins, "The Canadian court system bears the mark of more than 10 years of Liberal rule, Conservative Leader Stephen Harper said today."
Posted at 05:24 PM by Howard Bashman



"In Lebec, 'Intelligent Design' Class Is History; School officials settle a lawsuit with parents and agree to never again offer such a course": The Los Angeles Times today contains an article that begins, "In a second defeat in a month for proponents of teaching 'intelligent design' in public schools, a rural school district in Kern County agreed Tuesday to stop a course that had included discussion of a religion-based alternative to evolution."
Posted at 05:22 PM by Howard Bashman



"Fresno courthouse makes stylish debut; Operating details are worked out as opening day brings life to the new U.S. District Court": This article appears today in The Fresno Bee.
Posted at 05:10 PM by Howard Bashman



"My Father's Abortion War": Eyal Press will have this article (TimesSelect subscription required) in the January 22, 2006 issue of The New York Times Magazine.
Posted at 04:25 PM by Howard Bashman



"Supreme Court Dodges Major Abortion Ruling": David G. Savage of The Los Angeles Times provides this news update.

law.com's Tony Mauro reports that "Supreme Court Sends New Hampshire Abortion Case Back to Lower Court."

James Vicini of Reuters reports that "Top court orders more hearings on abortion law."

And today's broadcast of NPR's "Day to Day" contained a segment entitled "Slate's Jurisprudence: High Court's Abortion Ruling" (RealPlayer required) featuring Dahlia Lithwick.
Posted at 04:12 PM by Howard Bashman




Clothes may make the man, but a criminal defendant's appearance at trial in a prison jumpsuit doesn't always necessitate reversal: At the close of this ruling issued today, the Seventh Circuit observes, "It would be well-worth a court's time and expenses to keep extra suits at the courthouse for a defendant to wear, should he appear at trial in his prison-issued jumpsuit. Had the Price County Court in this case had an extra suit on hand, this lengthy and protracted litigation would not have been necessary." At least Wisconsin trial courts need wonder no longer how they should spend those holiday gift cards to the mall.
Posted at 04:05 PM by Howard Bashman



"Prison authorities must be given considerable latitude in the design of measures for controlling homicidal maniacs without exacerbating their manias beyond what is necessary for security." The prison inmate who killed Jeffrey Dahmer has his Eighth Amendment cruel and unusual conditions of confinement lawsuit decided today in an opinion that Circuit Judge Richard A. Posner filed on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 03:50 PM by Howard Bashman



"Ingrate Judges: Conservative Justices have a tendency of moving leftward; The same could happen with Roberts, or even Alito for that matter." Robert Kuttner has this essay online at The American Prospect.

Online at The Weekly Standard, John Hinderaker has an essay entitled "Progressivism's Alamo: Why stare decisis has become so important to the liberal project."

And online at Reason, Matt Welch has an essay entitled "Executive Assistant: Alito flunks the most pressing test of today and tomorrow."
Posted at 02:00 PM by Howard Bashman




"Justices Won't Block Suit Against Agents": The Associated Press provides this report.
Posted at 01:50 PM by Howard Bashman



In memoriam: Senior Circuit Judge Theodore McMillian of the U.S. Court of Appeals for the Eighth Circuit has died. The St. Louis Post-Dispatch provides this news update.

In 1997, the Washington University Journal of Urban and Contemporary Law published a tribute to Judge McMillian. You can access the articles via this link. And in 2003, Judge McMillian's portrait was presented to the Eighth Circuit. Notes on that ceremony are here and here.
Posted at 01:40 PM by Howard Bashman




"Some justices seem to rethink campaign-finance ruling": Tony Mauro has this news analysis online at The First Amendment Center.
Posted at 12:15 PM by Howard Bashman



"Boston Court Approves Ending Life Support for Girl in Coma": This article appears today in The New York Times.

The Washington Post reports today that "Comatose Girl Can Be Removed From Life Support, Court Rules."

The Boston Globe reports that "SJC says life support can end for alleged beating victim, 11."

And The Republican of Springfield, Massachusetts reports that "Removal of life support OK'd." The newspaper also contains an editorial entitled "Tragic story of girl who won't grow up."
Posted at 12:14 PM by Howard Bashman




"Review of the Wisconsin Oral Argument": Allison Hayward offers this interesting recap at "Skeptic's Eye" of yesterday's U.S. Supreme Court oral argument.
Posted at 11:28 AM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "Oregon Stands Alone on Assisted Suicide" (featuring Nina Totenberg); "Oregonians Welcome Assisted Suicide Ruling"; and "Domestic Spying Draws Legal Challenge."

Yesterday's broadcast of "All Things Considered" contained segments entitled "High Court Backs Oregon's Assisted-Suicide Law" (featuring Nina Totenberg); "How the Assisted-Suicide Ruling Affects Doctors' Work"; "Mass. Court Rules to Remove Girl from Life Support"; "Lawsuits Challenge U.S. Spying Program's Legality"; and "NSA Case Plaintiff and Author James Bamford."

And yesterday's broadcast of "Talk of the Nation" contained a segment entitled "Supreme Court Rules in Favor of Ore. Suicide Law" (featuring David G. Savage).

RealPlayer is required to launch these audio segments.
Posted at 11:10 AM by Howard Bashman




Alito confirmation party menu: Bill Toland has this to say today -- under the heading "Neato!" -- in "The Morning File" column online at The Pittsburgh Post-Gazette:
To the relief of approximately everybody, the Senate interrogation of Supreme Court nominee Samuel A. Alito Jr. came to an end last week. Did you, the dutiful media consumer, our best hope for a well-informed democracy, tune in? Neither did The Morning File. That's why we have government correspondents. They do the serious journalism, attending subcommittee hearings and interviewing senators and whatnot. The Morning File, meanwhile, gets paid to think up the menu for our Samuel Alito Confirmation Victory Party. Our appetizers would be petite Alito burritos, with refried beans and a curry-cumin salsa. The seafood dish would be Alito bonito, grilled in the Greek style, with garlic, oregano, lemon and olive oil. Served on the side, of course, would be Alito Morabito specialty bread. Snacks? Fritos and Doritos. To finish, the Alito Mojito -- rum, spearmint leaves, lime, club soda and syrup. Our dinner guests will include Danny DeVito and Phil Esposito. Judge Lance Ito is, sadly, indisposed.
You can access the complete column at this link.
Posted at 11:00 AM by Howard Bashman



Chinese Starbucks name battle to be resolved in Higher People's Court: The Shanghai Daily reports today that "Starbucks to face a new name battle."

And The Associated Press provides a report headlined "Chinese Co. in Dispute With Starbucks" that begins, "A Chinese company locked in a trademark dispute with Starbucks has appealed a court order to change its name for sounding too similar to that of the American coffee giant, a newspaper reported Wednesday."

I hadn't realized that People's Court featured an appellate component.
Posted at 10:54 AM by Howard Bashman




"Ruling to bar website upheld": The Malaysia Star today contains an article that begins, "A disgruntled engineer who had put up a website containing several defamatory allegations against Perusahaan Otomobil Kedua Sdn Bhd (Perodua) after purchasing a Kelisa with defects failed to overturn an interim injunction order barring the site."

And The Associated Press reports that "Court Bars Tirade on Malaysian Web Site."
Posted at 10:42 AM by Howard Bashman




Today's U.S. Supreme Court opinions in argued cases: The Court today issued its ruling in Ayotte v. Planned Parenthood of Northern New England, No. 04-1144. You can access the syllabus here; Justice Sandra Day O'Connor's opinion for a unanimous Court here; and the oral argument transcript here.

The Associated Press provides a report headlined "Supreme Court Dodges Big Abortion Ruling" that begins, "The Supreme Court ruled unanimously Wednesday that a lower court was wrong to strike down New Hampshire abortion restrictions, dodging a major ruling."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court rules on teen abortion."

The Court today also announced opinions in two other argued cases.

In Rice v. Collins, No. 04-52, you can access the syllabus here; Justice Anthony M. Kennedy's opinion for a unanimous Court here; Justice Stephen G. Breyer's concurring opinion, in which Justice David H. Souter joined, here; and the oral argument transcript here.

And in Will v. Hallock, No. 04-1332, you can access the syllabus here; Justice Souter's opinion for a unanimous Court here; and the oral argument transcript here.
Posted at 10:15 AM by Howard Bashman




"Supreme Court hears challenge to campaign law; Wisconsinites play pivotal roles in case": This article appears today in The Milwaukee Journal Sentinel, which also contains an editorial entitled "Don't weaken campaign law."

The Green Bay Press-Gazette reports today that "High court hears challenge to campaign-finance law."

And in The Pittsburgh Post-Gazette, Michael McGough reports that "Some Supreme Court justices seem cool to revisiting 'issue ads.'"
Posted at 09:10 AM by Howard Bashman




Meet the new boss: The U.S. Court of Appeals for the Fifth Circuit has a new chief judge, and her name is Edith H. Jones. Coincidentally, as I recently noted here, one of her colleagues on that court had an op-ed this past Sunday in The Houston Chronicle entitled "Figment of imagination: There is no constitutional right to privacy; Call a national referendum to settle the issue."
Posted at 08:44 AM by Howard Bashman



"Democrat to vote for Alito": This article appears today in The Washington Times. The newspaper also reports that "Pro-lifers proffer kudos to Specter" and "Kennedy quits all-male Harvard club amid criticism."

The Lincoln (Neb.) Journal Star today contains an article headlined "Nelson: I'll vote for Alito."

The Harvard Crimson contains articles headlined "Tribe: Alito Is Threat To Roe; Professor tells Senate that nominee would reduce 1973 ruling to 'hollow shell'" and "Kennedy Severs Final Club Ties; Senator says he will stop paying dues to the Owl after critics claim hypocrisy."

In The Philadephia Inquirer, political analyst Dick Polman reports that "Abortion fades as litmus test for justices."

The Pittsburgh Post-Gazette reports that "Anti-Alito protesters visit City Council." And a related item is headlined "For the Alito confirmation party: Bonito, Morabito and Mojito."

The Yale Daily News reports that "Alliance for Justice legal director keynotes Yale Political Union debate."

And The Princeton (N.J.) Packet reports that "Alito's sensitivity questioned by fellow Princeton University alum; Involvement with controversial Concerned Alumni of Princeton focus of talk."

In commentary, The Providence (R.I.) Journal contains an editorial entitled "Confirm Samuel Alito."

The Joplin Globe contains an editorial entitled "Senate should vote on Alito."

The Louisville Courier-Journal contains an editorial entitled "A wary yes on Alito."

In The Boston Globe, columnist Jeff Jacoby has an op-ed entitled "Musings, random and otherwise."

In The Arkansas Democrat-Gazette, columnist Paul Greenberg has an op-ed entitled "The Inquisitors."

In The Seattle Times, Carl Jeffers has an op-ed entitled "Alito hearings reveal a process that's broken."

In The Philadelphia Daily News, Deborah Leavy has an op-ed entitled "Robert Bork without the beard." And Rotan E. Lee has an op-ed entitled "Is it the end of the road for Roe?"

Finally, in The Philippine News, Lito Gutierrez has an op-ed entitled "Rooting for Alito."
Posted at 07:15 AM by Howard Bashman




"City Can't Bar Cell Towers on Looks Only, Court Says; La Canada Flintridge's ban is rejected; Service providers say the ruling will help boost coverage": The Los Angeles Times today contains this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 07:00 AM by Howard Bashman



In the brand new issue of The New York Observer: Anna Schneider-Mayerson has an article headlined "Lafsky's Last Laugh: Secret Legal Blogger Says 'I'm Opinionista!'"

And an article is headlined "Schumer Reports: Tough Guys Don't Make Wives Cry."
Posted at 06:45 AM by Howard Bashman



Tuesday, January 17, 2006


"Nelson: I'll vote for Alito." The Lincoln (Neb.) Journal Star provides this news update.

And Thomas Ferraro of Reuters provides a report headlined "Senate Democrat backs Alito for US Supreme Court" that begins, "Ben Nelson of Nebraska, a moderate voice in the U.S. Congress, on Tuesday became the first Senate Democrat to announce his support for conservative Supreme Court nominee Samuel Alito, who is expected to be confirmed later this month by the full Republican-led Senate."
Posted at 10:55 PM by Howard Bashman




"Supreme Court Upholds Oregon's Assisted Suicide Law": This segment (transcript with link to audio) appeared on today's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:45 PM by Howard Bashman



Available online from C-SPAN: "Brookings Inst. Panel on Supreme Court Nomination Process" and "T.R. Goldman, Congressional Correspondent for Legal Times, discusses the Judge Samuel Aliton Supreme Court nomination" (RealPlayer required).
Posted at 10:40 PM by Howard Bashman



"Bush Urges Senate To Give Alito Fair, Quick, Unanimous Confirmation": The Onion provides this newsbrief.
Posted at 10:38 PM by Howard Bashman



"Justices Reject U.S. Bid to Block Assisted Suicide": Linda Greenhouse will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Charles Lane will report that "Justices Uphold Oregon Assisted-Suicide Law; In a Blow to Administration, Ruling Paves Way for Other States to Follow Suit."

The Chicago Tribune on Wednesday will report that "End-of-life care now the central issue in debate over assisted suicide."

The Philadelphia Inquirer on Wednesday will report that "California becomes next battleground in assisted suicide debate."

In Wednesday's edition of Financial Times, Patti Waldmeir reports that "Assisted suicide law upheld by US court."

Wednesday's edition of The Independent (UK) reports that "Snub for Bush as suicide law is upheld by judges."

law.com's Tony Mauro reports that "Oregon Suicide Law Is Upheld by High Court."

The News & Advance of Lynchburg, Virginia provides a news update headlined "Falwell, Staver blast Supreme Court decision on suicide."

USA Today on Wednesday will contain an editorial entitled "Court protects dignity of dying patients -- for now." And Jay Sekulow will have an op-ed entitled "Ruling begins a battle."

And The Seattle Post-Intelligencer on Wednesday will contain an editorial entitled "A state right to die."
Posted at 10:28 PM by Howard Bashman




"Will Congress take action on assisted suicide? After justices leave door open, conservatives urge legislation." Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 10:15 PM by Howard Bashman



"Supreme Court upholds state's assisted suicide law": Stephen Henderson of Knight Ridder Newspapers provides this report.

And Linda Greenhouse of The New York Times provides a news update headlined "Supreme Court Removes Obstacle to Assisted-Suicide Laws."
Posted at 08:35 PM by Howard Bashman




"Swing Time: Anthony Kennedy—the new Sandra Day O'Connor." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 05:55 PM by Howard Bashman



"Roberts Questions McCain-Feingold Limits": The Associated Press provides a report that begins, "Chief Justice John Roberts expressed doubts Tuesday about legal restrictions on political ads by outside groups as the Supreme Court took up a new challenge to the McCain-Feingold campaign finance law."
Posted at 05:54 PM by Howard Bashman



"High court allows physician-assisted suicide": This article will appear Wednesday in The Christian Science Monitor.
Posted at 05:50 PM by Howard Bashman



"Oregon Suicide Law is Upheld by High Court": law.com's Tony Mauro provides this news update.
Posted at 05:10 PM by Howard Bashman



"Career Alternatives for Law Firm Associates": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 04:34 PM by Howard Bashman



"Tone Deaf At The Alito Hearings": CBS News legal analyst Andrew Cohen has this essay online at cbs4denver.com.
Posted at 04:30 PM by Howard Bashman



"Confirm Alito?" This segment (available in both RealPlayer and Windows Media formats) appeared today on the public radio program "On Point."
Posted at 04:15 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Court Upholds Ore. Assisted Suicide Law" (featuring Dahlia Lithwick); "Anaheim Sues over Baseball Team's L.A. Name"; and "Slate's Human Nature: Female Teachers, Male Students." RealPlayer is required to launch these audio segments.
Posted at 04:10 PM by Howard Bashman



In Massachusetts, no more Batson-like claims due to exclusion of 2-year-olds from juries: Yesterday's edition of The Standard-Times of New Bedford contained an article headlined "2-year-old city resident gets call for jury duty" that begins, "Kaylee Reynolds received a Taunton District Court Jury Summons for June 30, and she will be glad to do her duty as long as the trial judge calls a noontime recess for her daily nap. Kaylee gets a little grumpy -- if not downright cranky -- if she misses her midday snooze, Patricia Reynolds says of her 2-year-old daughter."
Posted at 03:40 PM by Howard Bashman



"Melissa Lafsky, Opinionista Extraordinaire": "Gawker" provides a post that begins, "Another day, another formerly anonymous blogger: Tomorrow's Observer will identify the writer behind the irreverent life-as-a-lawyer blog Opinionistas as 27-year-old Melissa Lafsky." (Via "A List Of Things Thrown Five Minutes Ago").
Posted at 03:15 PM by Howard Bashman



"Alito well-versed in First Amendment": Online at the First Amendment Center, Tony Mauro has a news analysis that begins, "Amid three days of refusing to state his views, it was a rare glimpse behind the facade: Supreme Court nominee Samuel Alito Jr. actually acknowledged that he had a point of view on a controversial issue."

In addition, the First Amendment Center has collected Judge Alito's First Amendment-related confirmation hearing testimony at this link.
Posted at 03:10 PM by Howard Bashman




Cannibal testifies he's not a killer, just hungry: The Times of London today contains an article headlined "I wanted to eat him, not kill him, court is told."

BBC News provides a report headlined "German cannibal 'not a murderer'; A self-confessed cannibal has described how he killed and partially ate a man he met via the internet in March 2001, at a retrial in Germany."

Reuters reports that "Cannibal draws unusual distinction."

And The Associated Press provides a report headlined "Cannibal: Victim asked to die."
Posted at 03:05 PM by Howard Bashman




"Appellate Litigator Howard Bashman Joins ALM's Law.com as Columnist": American Lawyer Media has issued this press release today.
Posted at 03:00 PM by Howard Bashman



"Calif. School Scraps 'Intelligent Design'": The Associated Press provides this report.
Posted at 02:55 PM by Howard Bashman



Seventh Circuit rules that district judge was too anti-class action: Circuit Judge Frank H. Easterbrook's pro-class action opinion, issued today on behalf of a unanimous three-judge panel, can be accessed here.
Posted at 02:50 PM by Howard Bashman



"States weigh wine ruling; Eight months later, nearly half still bar direct shipments": The Sacramento Bee today contains an article that begins, "A Supreme Court victory won by California winemakers is now starting to resemble a fine cabernet: It's taking a long time to fully mature."
Posted at 02:44 PM by Howard Bashman



"Supreme Court Upholds Oregon Assisted Suicide Law": David G. Savage of The Los Angeles Times provides this news update.
Posted at 02:40 PM by Howard Bashman



"Ted K. to quit club that bans women": The Boston Herald provides this report.
Posted at 02:22 PM by Howard Bashman



Crying fowl: In connection with Justice Antonin Scalia's dissenting opinion today in the Oregon assisted suicide case, a longtime reader has sent an email titled "Scalia a comedian but no ornithologist" that states:
In dissent today Scalia writes, "Since the Regulation does not run afowl (so to speak) of the Court's newly invented prohibition of 'parroting'...."

But according to my dictionary, parrots are birds of the order Psittaciformes and fowl are birds of the order Galliformes.

Scalia better get this all straight before any avian flu cases come before the court.

Too funny.
Posted at 12:50 PM by Howard Bashman



"High court: State can take 11-year-old off life support." The Associated Press offers this coverage of a ruling that the Supreme Judicial Court of Massachusetts issued today.
Posted at 11:22 AM by Howard Bashman



Today's U.S. Supreme Court opinions and Order List: The Court issued two opinions in argued cases today.

In Gonzales v. Oregon, No. 04-623, you can access the syllabus here; Justice Anthony M. Kennedy's majority opinion here; Justice Antonin Scalia's dissenting opinion here; Justice Clarence Thomas's dissenting opinion here; and the oral argument transcript here.

In Wachovia Bank, N.A. v. Schmidt, No. 04-1186, you can access the syllabus here, Justice Ruth Bader Ginsburg's opinion for a unanimous court (with Justice Thomas recused) here; and the oral argument transcript here.

Today's Order List is available at this link. The Court did not grant review in any new cases today.

In early coverage, Gina Holland of The Associated Press reports that "Supreme Court Upholds Ore. Suicide Law." James Vicini of Reuters reports that "Court rules govt. can't stop Oregon suicide law" and "Court won't review Vatican Bank Holocaust suit." The AP also reports that "Supreme Court Denies Firefighters' Families"; "Supreme Court Denies Protester's Appeal"; and "Justices Deny Appeal on Evidence Withheld." Reuters also reports that "US court rules for Wachovia on federal jurisdiction."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court bars federal control over assisted suicide."

Back in October, I collected press coverage of the oral argument in the Oregon assisted suicide case in posts that you can access here, here, and here. Meanwhile, Tom Goldstein correctly predicted the outcome in a post you can access at this link.
Posted at 10:00 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "High Court to Weigh Campaign-Finance Restrictions" and "California Executes Oldest Inmate" (RealPlayer required).
Posted at 09:15 AM by Howard Bashman



"How Alito explained his high regard for Bork; Dems tried to use his praise to show him in a bad light": Bob Egelko has this article today in The San Francisco Chronicle.

Today in USA Today, Joan Biskupic reports that "Court losing O'Connor's unique voice; Answers often obtained from her questions." And columnist DeWayne Wickham has an op-ed entitled "Alito's attempt to shed old alliance doesn't ring true."

The Washington Times reports that "Democrats abort deal on Alito vote." And Tod Lindberg has an op-ed entitled "The search for 'something.'"

In The Boston Globe, Charlie Savage reports that "Alito hearings recast abortion issue; Activists see no need for 'stealth' nominees." And Peter S. Canellos has an essay entitled "Judiciary Committee confirms its history of common ground."

The Stanford Daily reports that "Alito coolly navigates hearings."

And The Penn State Collegian reports that "Alliance protests support of Alito."

In commentary, columnist Ruth Marcus has an op-ed entitled "Underneath Their Robes" in The Washington Post.

In The Providence (R.I.) Journal, columnist M. Charles Bakst has an op-ed entitled "Alito vote: Chafee and conscience."

In Newsday, columnist James P. Pinkerton has an op-ed entitled "Democrats can learn from failure to block Alito."

In The Rocky Mountain News, columnist Vincent Carroll has an op-ed entitled "Salazar on the spot."

The Fort Worth Star-Telegram contains an editorial entitled "On the one hand...." And Don Erler has an op-ed entitled "So what is Samuel Alito's problem?"

The Harrisburg Patriot-News contains an editorial entitled "Judicial Dance."

The Washington Examiner contains an editorial entitled "Confirm Samuel A. Alito Jr."

The Sheboygan-Press contains an editorial entitled "Without delay, Alito should be confirmed."

The Daily News-Record of Harrisonburg, Virginia contains an editorial entitled "Confirm Judge Alito."

The Intelligencer of Wheeling, West Virginia contains an editorial entitled "Liberal Extremists Are 'Out of Step.'"

The Berkshire Eagle contains an editorial entitled "No to Alito."

And in The Yale Daily News, Ben Shaffer has an op-ed entitled "Alito's politcs trump his resume."
Posted at 07:15 AM by Howard Bashman




"Teens' Bold Blogs Alarm Area Schools; Uninhibited Online Remarks Full of Risks, Officials Warn": This front page article appears today in The Washington Post.
Posted at 07:10 AM by Howard Bashman



"Cheap justice is poor justice; Recent hostility toward the judiciary is no excuse for underfunding the third branch of government": The Roanoke Times contains this editorial today.
Posted at 07:08 AM by Howard Bashman



"BlackBerry Gambles Patent Office Will Be On Its Side in Court": This article (free access) appears today in The Wall Street Journal.
Posted at 07:00 AM by Howard Bashman



"Clinton Eligible, Once Again, To Practice Law": Josh Gerstein has this article today in The New York Sun.
Posted at 06:58 AM by Howard Bashman



"California Executes Death Row Inmate, 76": Henry Weinstein and Hector Becerra of The Los Angeles Times provide this news update.

The San Francisco Chronicle offers articles headlined "Ailing killer executed at age 76; Condemned for 3 slayings, Allen is oldest ever put to death in state"; "A quieter protest outside San Quentin this time; About 300 people, some of them kin, in the glare of TV"; and "Allen's last meal: KFC and pecan pie."

The Sacramento Bee provides a news update headlined "Clarence Allen, 76, executed for 1980 triple murder."

And The Associated Press reports that "California Executes Oldest Inmate."

Update: The U.S. Supreme Court's order denying a stay of execution, from which Justice Stephen G. Breyer dissented, can be accessed here.
Posted at 06:48 AM by Howard Bashman




"Chinese Detainees' Lawyers Will Take Case to High Court; Ruling on Uighurs Is Called Vital": The Washington Post today contains an article that begins, "Lawyers for a group of Chinese nationals held in the U.S. military prison at Guantanamo Bay, Cuba, with no hope of release are taking the rare step of asking the Supreme Court to intervene immediately, saying only the high court can resolve the constitutional crisis their case presents."
Posted at 06:45 AM by Howard Bashman


Monday, January 16, 2006


"Senate Panel to Vote on Alito Jan. 24": The Associated Press provides a report that begins, "The Senate Judiciary Committee will vote on Judge Samuel Alito's nomination to the Supreme Court on Jan. 24, officials announced Monday night, and the full Senate will begin debate the following day." The Senate Judiciary Committee's announcement is here.

The Washington Post on Tuesday will report that "Senate Panel's Vote on Alito Delayed Until Next Week; Democrats Aim To Shorten GOP Victory."

And The New York Times on Tuesday will report that "Accord on Scheduling Alito Vote Next Week."

The U.S. Senate's vote on confirmation is now scheduled to occur on January 31, 2006.
Posted at 10:18 PM by Howard Bashman




"Teachers' Pets? Are teachers who sleep with boys getting off?" William Saletan has this human nature essay online at Slate.
Posted at 08:45 PM by Howard Bashman



"Elderly Convict's Clemency Plea Rejected": David Kravets of The Associated Press provides a report that begins, "The U.S. Supreme Court rejected an appeal Monday from a 76-year-old convicted killer who argued that he was too old and feeble to be executed."
Posted at 07:55 PM by Howard Bashman



In Tuesday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain an article headlined "For Senate Democrats, a last stand on Alito."

And Warren Richey will have an article headlined "Lobbying versus electioneering: A key campaign-finance law is back in the high court Tuesday, as interest groups challenge a rule on election-season ads."
Posted at 05:18 PM by Howard Bashman




"Roberts Eases Into Chief Justice Job": Gina Holland of The Associated Press provides this report. And a related item is headlined "A Timeline for Chief Justice John Roberts."
Posted at 03:40 PM by Howard Bashman



"Supine politics and the Supreme Court": Reed Hundt has this post at TPMCafe (via Kevin Drum).
Posted at 02:50 PM by Howard Bashman



Not to be confused with Judge Dread: ZDNet UK provides an article headlined "Judge dreads software patents" that begins, "An Appeals Court judge has questioned whether software patents should be granted, and has criticised the US for allowing 'anything under the sun' to be patented."
Posted at 02:28 PM by Howard Bashman



Congressional Research Service reports: Now available online are recently-issued CRS reports entitled "Supreme Court Nominations, 1789 - 2005: Actions by the Senate, the Judiciary Committee, and the President" and "The Environmental Opinions of Judge Samuel Alito."
Posted at 12:50 PM by Howard Bashman



"What's the Future of Sentencing?" That's the subject of this week's "Debate Club" feature at legalaffairs.org. Law Professors Douglas Berman and Frank O. Bowman III are this week's participants.
Posted at 11:33 AM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "Debate Heats Up over Executive Powers" and "Court Throws Out Florida School Voucher Program."

Yesterday's broadcast of "All Things Considered" contained a segment entitled "A Princeton University Student, on Alito's Trail."

And yesterday's broadcast of "Weekend Edition - Sunday" contained a segment entitled "The Courts and Politics."

RealPlayer is required to launch these audio segments.
Posted at 10:20 AM by Howard Bashman




My "new voice" sounds suspiciously similar to my "old voice": law.com is promoting the official launch tomorrow of my brand new, weekly appellate-related column. So, those of you visiting law.com sites or law.com blog affiliates may see this ad. Week one of my column appeared here; week two, bearing tomorrow's date, is here; and week three's column remains trapped in my brain but hopes to escape onto paper sometime soon for publication next Monday.

Generally speaking, the column will appear online at law.com on Friday night bearing the next Monday's date. Please feel free to suggest, via email, appellate-related topics for me to write about. While I haven't run out of ideas quite yet, moving from a monthly to a weekly column all but assures that I will find myself without anything to say four times as often.
Posted at 10:14 AM by Howard Bashman




"'Three strikes' changes sought; Los Angeles DA wants a ballot measure to clarify the rules for felonies that trigger life terms": The Sacramento Bee today contains an article that begins, "Los Angeles County District Attorney Steve Cooley is proposing to soften the state's 'three-strikes' law with a ballot initiative that would eliminate likely life terms unless the third conviction came on a 'serious' or 'violent' offense."
Posted at 10:00 AM by Howard Bashman



"Judges deny Allen's appeal -- reprieve sought; Supreme Court last hope for killer set to die early Tuesday": The San Francisco Chronicle today contains this article reporting on a ruling that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

In today's edition of The Los Angeles Times, Henry Weinstein reports that "Ailing Inmate Is Set to Die; Murderer Clarence Ray Allen, 76, the oldest man on California's death row, is to be executed early Tuesday; Death penalty foes plan march."

And The Sacramento Bee contains a front page article headlined "Age grows as issue on death row."
Posted at 09:55 AM by Howard Bashman




"Off Camera: To save hearings on Supreme Court nominees, remove the cameras." T.A. Frank has this essay online at The New Republic.

Online at Reason, Jeff A. Taylor has an essay entitled "The Death of the Abortion Debate? Post-Alito, the issue may recede on the national stage."

In the January 23, 2006 issue of The Weekly Standard, William Tucker has an essay entitled "The Smear that Failed: Judge Alito, when did you stop molesting children?" And Joseph Bottum has an essay entitled "Alito and the Catholics: The decline of an institution and the rise of its ideas."

At Salon.com, Joe Conason has an essay entitled "Alito's ugly association: His membership in a racist, reactionary group at Princeton reveals the unsavory face of conservatism."

And online at The Nation, Bruce Shapiro has an essay entitled "Alito Almanac: Confirmation and Crisis."
Posted at 09:50 AM by Howard Bashman




"Sarbanes-Oxley vs. the Free Press: How the government used business regulations to strong-arm the media." John Berlau has this article in the January 2006 issue of Reason.
Posted at 09:40 AM by Howard Bashman



"Alito's Testimony Carries Reagan-Era Echoes; Reagan Influence Shines Through Vague Testimony": Tony Mauro has this article today in Legal Times. And T.R. Goldman reports that "Senators Shove Alito From the Limelight; During the week, it seemed that the more members of the Judiciary Committee spoke, the less the nominee said."

Meanwhile, in today's issue of The National Law Journal, Marcia Coyle has an article headlined "Alito's way: Far from 'broken,' hearings reveal clues to nominee."
Posted at 08:30 AM by Howard Bashman




"Judicial pay raise proposal: No need to boost salaries." James C. Harrington has this essay in this week's issue of The National Law Journal.
Posted at 08:24 AM by Howard Bashman



"Blawg Review #40": Available here, at "Small Business Trends."
Posted at 08:20 AM by Howard Bashman



"Justice Parker advocates defying the law of the land": This editorial appears today in The Decatur (Ala.) Daily.
Posted at 07:28 AM by Howard Bashman



"Abortion opponents mark Roe v. Wade decision; They gather in Livonia for the 33rd anniversary of the Supreme Court ruling legalizing abortion": The Detroit News contains this article today.

And The Boston Globe reports today that "Opponents of abortion flock to a forum; Over 200 gather in an annual rally."
Posted at 07:25 AM by Howard Bashman




"After Katrina, courts flooded by lawsuits; Lawyers worry jury trials may not resume until 2007": This article appears today in USA Today.
Posted at 07:24 AM by Howard Bashman



"Unanswered Questions": In the January 23, 2006 issue of The New Yorker, Jeffrey Toobin has a "Talk of the Town" essay that begins, "Richard A. Posner, the Chicago judge and conservative polymath, recently made a revealing confession in the pages of the Harvard Law Review. Of the 2004-05 Supreme Court term, he wrote, 'Almost a quarter century as a federal appellate judge has convinced me it is rarely possible to say with a straight face of a Supreme Court constitutional decision that it was decided correctly or incorrectly.'"
Posted at 06:55 AM by Howard Bashman



"The High-Court Battle That Never Was; Senators' Pact on Judicial Filibusters Drained Drama From Roberts, Alito Nominations": The Wall Street Journal contains this article (free access) today.

The New York Times contains articles headlined "Alito Hearings Unsettle Some Prevailing Wisdom About the Politics of Abortion"; "Some Abortion Foes Forgo Politics for Quiet Talk"; and "For President, Final Say on a Bill Sometimes Comes After the Signing."

The New York Sun reports that "Democrats Divided On Filibuster." The newspaper also contains an editorial entitled "What the Democrats Fear" and an op-ed by William F. Buckley Jr. entitled "Detoxing Judge Alito."

The San Jose Mercury News reports that "Feinstein prepares to vote no on Alito."

The Newark (N.J.) Star-Ledger reports that "Key Alito opponent rules out filibuster; Feinstein says she disagrees with nominee to top court but calls him 'clearly qualified.'"

The Washington Times reports that "Key Democrat disavows block of Alito vote." And Donald Lambro has an op-ed entitled "De-fanged."

The Appleton (Wis.) Post-Crescent contains an article headlined "Oneida keep eye on Alito hearings; Court nominee could play role in tribe's land claim."

The Wilmington (Del.) News Journal reports that "Italian-Americans take pride in Alito; For many, heritage outweighs high-stakes constitutional debate."

And The Daily Princetonian contains articles headlined "Committee likely to back Alito"; "Critic says Alito 'unfit' to serve"; and "CAP official denies role in hiring Alito."

In commentary, The Amarillo Globe-News contains an editorial entitled "Alito no longer a bench-warmer; Nominee deserves confirmation."

In The Philadelphia Inquirer, Robert Strauss has an op-ed entitled "What you forget upon turning 50."

In The Philadelphia Daily News, columnist Stu Bykofsky has an op-ed entitled "What's that smell? The Alito hearings."

In The Times Herald-Record of Hudson Valley, New York, Douglas Cunningham has an op-ed entitled "Questioning of Alito was blatantly farcical."

In The Cleveland Plain Dealer, columnist Connie Schultz has an op-ed entitled "Alito's wife's tears prove nothing but love."

In The Bergen (N.J.) Record, Pam Lobley has an essay entitled "A beginner's guide to the Alito hearings."

John Brummett of the Arkansas News Bureau has an essay entitled "Your time has expired, Senator Candid."

And online at FindLaw, Michael C. Dorf has an essay entitled "Should Judges Testify at a Colleague's Senate Confirmation Hearing? The Separation-of-Powers Concern Raised by the Alito Hearings," while Douglas W. Kmiec has an essay entitled "It's Not Just Alito's Quandary: Reconciling Executive and Legislative Power."
Posted at 06:40 AM by Howard Bashman



Sunday, January 15, 2006


"Senate Democrats Emphasizing Ethics, Not Alito; Unable to Keep Conservatives Off Court, Leaders Turn to Issues That Have More Traction With Voters": This article will appear Monday in The Washington Post. In addition, Dana Milbank will have an article headlined "I, I, Sir: The Alito Hearings, Annotated."

Monday's edition of The Richmond Times-Dispatch will contain an article headlined "M. Warner: Would not have nominated Alito."

Monday in The New York Times, columnist Bob Herbert will have an op-ed entitled "Judicial Gag Rule" (TimesSelect subscription required).

And Monday in USA Today, Fred Graham will have an op-ed entitled "In need of review: life tenure on the U.S. Supreme Court."
Posted at 10:45 PM by Howard Bashman




"Getting Over Alito": The January 23, 2006 issue of Time magazine will contain this "Notebook" item.
Posted at 10:24 PM by Howard Bashman



"Legal Experts Question Translator's Conviction; Trial Transcripts Show Lack of Evidence": This front page article will appear Monday in The Washington Post.
Posted at 10:22 PM by Howard Bashman



"Not All Law Is Politics in Robes": Law Professor Jonathan H. Adler had this "Rule of Law" essay (pass-through link) yesterday in The Wall Street Journal.
Posted at 10:20 PM by Howard Bashman



"Justice Resnick to retire from Ohio Supreme Court": This article appears today in The Cleveland Plain Dealer.

The Toledo Blade reports today that "Resnick confirms she plans to retire; Democrat cites family concerns."

And The Columbus Dispatch reports that "Resnick won't seek 4th term on high court."
Posted at 03:15 PM by Howard Bashman




In the January 23, 2006 issue of Newsweek: The magazine will contain articles headlined "Read 'Em and Weep -- Lower expectations, let the Senate self-destruct: a Supreme success formula" and "Joe Biden: It's Time to Change the Conversation." In addition, columnist Jonathan Alter will have an essay entitled "A Power Outage on Capitol Hill: We are in danger of scrapping our checks and balances--not just for a few years (as was done during the Civil War), but for good."
Posted at 02:00 PM by Howard Bashman



"Feinstein Warns Against Alito Filibuster": Hope Yen of The Associated Press provides this report.
Posted at 01:55 PM by Howard Bashman



On this week's broadcast of NPR's "On the Media": The broadcast contained a segment entitled "Civics Lesson" featuring law.com's Tony Mauro and a segment entitled "Camera Shy" (about cameras in the U.S. Supreme Court) featuring C-SPAN's Brian Lamb. Both audio clips are in mp3 format.
Posted at 12:44 PM by Howard Bashman



"Figment of imagination: There is no constitutional right to privacy; Call a national referendum to settle the issue." Circuit Judge Harold R. DeMoss, Jr. of the U.S. Court of Appeals for the Fifth Circuit has this op-ed today in The Houston Chronicle.
Posted at 12:22 PM by Howard Bashman



"All about Alito (or not)": The Los Angeles Times contains this editorial today.

The Philadelphia Inquirer today contains an editorial entitled "Confirm Judge Alito."

The Baltimore Sun contains an editorial entitled "Not good enough."

In The Washington Post, columnist David S. Broder has an op-ed entitled "The Company Man."

In The New York Times, columnist David Brooks has an op-ed entitled "In Praise of Joe Biden" (TimesSelect subscription required).

The Republican of Springfield, Massachusetts contains an editorial entitled "It can be confirmed: Alito hearings no help."

The Hartford Courant contains an editorial entitled "Forget About The Hearings?" And Law Professor Sanford Levinson has an op-ed entitled "Power Ploy -- For Republicans, the furor over Roe vs. Wade is a useful distraction from the real prize Samuel Alito can help deliver on the Supreme Court: vastly expanded presidential authority."

The Sacramento Bee contains an editorial entitled "Constitutional powers hanging in the balance; Alito nomination gives senators a chance to re-assert the rightful role of Congress." And Paul Greenberg has an op-ed entitled "Camera doesn't lie: Sam Alito is no Robert Bork."

The Oregonian contains an editorial entitled "The judge of Bush's dreams: Senators lulled by Alito's mild demeanor and legal skills can't ignore the likely consequences of confirmation."

The Grand Rapids Press contains an editorial entitled "An able addition to the high court."

The Day of New London, Connecticut contains an editorial entitled "Confirm Judge Samuel Alito; Judge's intellect, integrity commend him to nation's highest court."

The Morning Sentinel of Maine contains an editorial entitled "Alito ready to take his place on Supreme Court" that begins, "Samuel A. Alito Jr. should be confirmed as an associate justice on the U.S. Supreme Court."

The Los Angeles Daily News contains an editorial entitled "Confirm Alito: Supreme Court nominee puts professionalism over ideology." And Jonathan Dobrer has an op-ed entitled "Hearings all pomp, no circumstance."

The News Leader of Staunton, Virginia contains an editorial entitled "Hearings served no one."

The St. Petersburg Times contains an op-ed by George K. Rahdert entitled "The Sam Alito I know."

In The Boston Globe, columnist Joan Vennochi has an op-ed entitled "Pro-Roe and pro-Alito."

In Newsday, columnist Les Payne has an op-ed entitled "King would get a kick out of Alito show." And sports columnist Chuck Culpepper has an op-ed entitled "Batting practice experience could make him swing vote."

In The Chicago Sun-Times, columnist Mark Steyn has an op-ed entitled "Ham-handed Dems didn't lay a glove on Alito."

In The Dallas Morning News, Mark Davis has an op-ed entitled "What planet are Democrats from? As if attacking Alito weren't enough, they also lied about Roe vs. Wade."

In The Naples Daily News, Phil Lewis has an op-ed entitled "Samuel Alito weighs in on the First Amendment."

In The Seattle Times, Julia K. Stronks has an op-ed entitled "Breyer v. Scalia: Will Alito be an activist or a textualist?"

In The San Jose Mercury News, Jim Puzzanghera has an op-ed entitled "The art of saying nothing."

In The Richmond Times-Dispatch, Marsha Mercer has an op-ed entitled "Live From D.C., It's...?: Alito Leaves Open Notion of Cameras in High Court."

In The Washington Times, Dan K. Thomasson has an op-ed entitled "Confirmation barometer."

And in The Ventura County Star, Stanislaus Pulle has an op-ed entitled "Alito demonstrates judicial restraint," while Gary M. Galles has an op-ed entitled "No nominee could unite the country."
Posted at 11:45 AM by Howard Bashman




"Can Congress matter? Congress, more than the court, scholars say, is the branch that's supposed to keep executive power in check; If it has failed, it has no one but itself to blame." This article appears today in the Ideas section of The Boston Globe.
Posted at 09:05 AM by Howard Bashman



"Abortion gets wide protection in Md. law; Procedure likely to remain available if Roe is overturned": The Baltimore Sun contains this article today.
Posted at 09:04 AM by Howard Bashman



"Immigrant's son emerges as rising legal star; Texas solicitor general driven by beliefs, guided by law": This profile of Texas Solicitor General Ted Cruz appears today in The Austin American-Statesman.
Posted at 08:47 AM by Howard Bashman



"Alito May Quickly Affect Laws; His confirmation to the high court would make him a decisive vote in several upcoming cases": David G. Savage has this article today in The Los Angeles Times.

The San Francisco Chronicle today contains an article headlined "Shuffling nominees, Bush may hit jackpot."

The Denver Post reports that "Salazar silent on how he'll vote on Alito."

And The Kennebec (Me.) Journal reports that "Anti-abortion activists see hope in realigned court."
Posted at 08:40 AM by Howard Bashman



Saturday, January 14, 2006


"Confirming Justice Alito?" Law Professor Cass R. Sunstein has this post today at The University of Chicago Law School's "Faculty Blog."
Posted at 11:55 PM by Howard Bashman



"Senate windbags fail to land a blow on court nominee": Sunday's edition of The Telegraph (UK) contains this article.

Sunday's edition of Newsday will contain an article headlined "For Alito, shift by court seen as certain; Alito testified at his confirmation hearings he'd just follow the law, but experts still say he will move court to right."

The Daily Princetonian provides a news update headlined "Former CAP official says he didn't help Alito; Eastland writes he had 'no part' in 1985 decision to hire Alito for Justice Department position." The article reports on Terry Eastland's essay entitled "Inside 'Concerned Alumni of Princeton': Samuel Alito had virtually nothing to do with the notorious CAP; I did" in the January 23, 2006 issue of The Weekly Standard.

The Harvard Crimson provides a news update headlined "Tribe to Senate: 'Justice Alito' Would Reduce Abortion Rights to 'Hollow Shell'; Harvard professor warns that nominee would chip away at Roe v. Wade."

The January 23, 2006 issue of U.S. News & World Report will contain articles headlined "In the Lion's Den, Sound and Fury, and a Few Tears" and "Executive Power and the Issue of Eavesdropping."

And in the Week in Review section of Sunday's edition of The New York Times, Law Professor Jeffrey Rosen will have an essay entitled "Alito vs. Roberts, Word by Word." And a Critic's Notebook essay is entitled "See Washington Gum the Scenery."
Posted at 11:14 PM by Howard Bashman




"Confirm Samuel Alito": This editorial will appear Sunday in The Washington Post.

And The Milwaukee Journal Sentinel on Sunday will contain an editorial entitled "Alito deserves confirmation."
Posted at 11:00 PM by Howard Bashman




"Partisanship mars judge's confirmation hearing": Patti Waldmeir has this article today in Financial Times.

The Associated Press provides an article headlined "Alito Poised to Join Supreme Court" that begins, "Samuel Alito is poised to join a tradition of pragmatic justices who have moved the Supreme Court to the right in measured steps."

The Boston Globe today contains an editorial entitled "Not fit for the court."

The Dallas Morning News contains an editorial entitled "Confirm Alito; Nominee deserves Senate's backing."

And The Wisconsin State Journal contains an editorial entitled "Alito deserves confirmation."
Posted at 03:54 PM by Howard Bashman




Available online from National Public Radio: Yesterday's broadcast of "All Things Considered" contained segments entitled "Senate Panel Wraps Up Alito Hearings" and "Political Roundup: The Alito Hearings," both featuring Nina Totenberg.

And yesterday's hour-long wrap-up of the fifth and final day of the confirmation hearing can be accessed here.

RealPlayer is required to launch these audio segments.
Posted at 01:44 PM by Howard Bashman




"Democrats See Wide Bush Stamp on Court System": This article will appear Sunday in The New York Times. And a related graphic is here.
Posted at 01:35 PM by Howard Bashman



"Waco attorney arrested for kidnapping own client": Yesterday's edition of The Waco (Tex.) Tribune-Herald contained an article that begins, "A Waco attorney was arrested this week after allegedly kidnapping a client on his wedding day to try to collect fees from him."
Posted at 12:00 PM by Howard Bashman



The Associated Press is reporting: An article headlined "President Presses Senate to Confirm Alito" reports on President Bush's radio address of this morning.

An article headlined "Supreme Court to Hear First Amendment Case" begins, "The Supreme Court will hear arguments Tuesday in an anti-abortion group's First Amendment challenge to advertising limits in the McCain-Feingold campaign finance law."

And in other news, "Sniper Suspect Lawyers File Motion in Md."; "Judge in Pentagon Papers Case Dies at 75"; and "Lawyer Allegedly Kidnaps Client Over Fees."
Posted at 11:55 AM by Howard Bashman




"Alito's Senate hearings conclude; Democrats hint at delaying vote": Jan Crawford Greenburg has this article today in The Chicago Tribune.

The Washington Post reports today that "Alito Hearings Conclude; Final Day Focuses on Nominee's Views on Executive Power."

The Los Angeles Times reports that "Senate Panel's Vote on Alito Is Put Off; Judiciary Committee Democrats seek more time to deliberate over the Supreme Court nominee before the full chamber weighs in."

In The New York Times, Adam Liptak reports that "Presidential Signing Statements, and Alito's Role in Them, Are Questioned."

In The San Francisco Chronicle, Bob Egelko reports that "Dems may stall on Alito, but OK likely; Hearings end with praise and warnings about nominee."

The Boston Globe reports that "Senators say Alito likely to get nod; Opponents launch last-ditch pitch on the airwaves."

The Newark (N.J.) Star-Ledger reports that "Alito Senate hearings end, but partisan fight rages on; Despite bickering, judge's confirmation expected."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Specter says he'll vote to confirm Alito."

The Houston Chronicle contains articles headlined "Democrats hint at seeking delay on vote for Alito; Confirmation hearings close; panel set to decide his fate Tuesday" and "Lawmaker: Alito's record detrimental to Hispanics; Texas Democrat concerned about legal writings on illegal immigrants."

The Washington Times reports that "Democrats look to delay Alito vote."

The Trenton Times reports that "Alumnus slams Alito's 'insensitivity.'"

The Daily Princetonian reports that "CAP critic calls Alito 'unfit' to serve; Formerly slated to testify before judiciary committee, Dujack '76 criticizes media for 'character assassination.'"

The News & Observer of Raleigh, North Carolina reports that "Triangle law professors offer views on Alito."

The Herald-Sun of Durham, North Carolina reports that "Professor testifies against Alito."

Via The New York Times, the transcript of yesterday's confirmation hearing can be accessed here. And via C-SPAN, the video of yesterday's hearing can be accessed here (RealPlayer required).
Posted at 08:18 AM by Howard Bashman




"MacDonald gets fourth appeal; Marshal's claim may lead to retrial": The News & Observer of Raleigh, North Carolina today contains an article that begins, "Jeffrey MacDonald is coming back to court in North Carolina, where the former Army doctor will get a new chance to argue he's innocent of butchering his pregnant wife and two daughters at Fort Bragg 36 years ago. A federal appeals court told MacDonald's lawyers Friday that they may pursue a rare fourth appeal."
Posted at 08:10 AM by Howard Bashman


Friday, January 13, 2006


New law prof group blog: It's called "LawCulture," and (notably for the law prof group blogosphere) it lists more female than male contributors.
Posted at 11:30 PM by Howard Bashman



"Do Blawgs Burn as Brightly as Surveys Suggest? Blogger questions measurements of legal industry blog use, but not blawgs' potential as tool." Ron Friedmann has this essay online at law.com. For some reason or the other, I remain pleased by one aspect of the results of the survey that is the subject of Ron's essay.
Posted at 10:50 PM by Howard Bashman



"Wider Fight Is Seen as Alito Victory Appears Secured": This article will appear Saturday in The New York Times.

In Saturday's issue of The Wall Street Journal, Jess Bravin will have an article headlined "Weighing Rulings on Religion; If Confirmed, Alito May Tip Balance To the Right in Upcoming Church-State Cases" (free access). My brand new law.com column -- titled "Who'll Be The Supreme Court's Next Swinger?" -- reaches a similar conclusion.

Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers report that "Hearings yield little insight on how Alito would decide key issues."

At law.com, T.R. Goldman has an essay entitled "Alito Hearings Gave Senate Committee the Chance to Perform; Judiciary committee hearings into Supreme Court nomination made for a revealing look at key senators' behavior."

The Daily Princetonian contains a news update headlined "Alito will likely receive committee's backing; CAP issue 'a puff of smoke,' judiciary committee chairman Specter says."

Saturday's edition of The Independent (UK) reports that "Alito likely to sail into role as Bush's latest Supreme Court judge."

At Forbes.com, Larry E. Ribstein looks at "Justice Alito On Business."

At NPR.org, Ron Elving has an essay entitled "Alito: Another Reality Show Winner."

And columnist Jay Ambrose has an essay entitled "Inquisitors v. Alito" for the Scripps Howard News Service.
Posted at 10:44 PM by Howard Bashman




A return to appellate geekdom: Now that the U.S. Supreme Court confirmation hearing has ended, what better time to remark that footnote 4 of an opinion the First Circuit issued today appears to conflict with the current version of Federal Rule of Appellate Procedure 4(a)(4)(B)? On the bright side, that error is dicta.
Posted at 08:35 PM by Howard Bashman



"Judge Wants Justices Denied; In Op-Ed, Alabama Jurist Slams 'Activists,' Calls for Resistance of U.S. High Court Ruling": This article appears online today at the ABA Journal eReport. My earlier coverage can be accessed here and here.

Update: At "The Huffington Post," Michelle Pilecki has a related post titled "Who's an Activist Judge?"
Posted at 08:00 PM by Howard Bashman




"Governor denies clemency for Clarence Ray Allen": The Sacramento Bee provides this news update. The California Governor's decision can be accessed here.
Posted at 07:40 PM by Howard Bashman



"Padilla Pleads Not Guilty; Bail Is Denied": This article appears today in The New York Times.

The Miami Herald today contains an article headlined "We found Padilla's al Qaeda application, U.S. says; Prosecutors said the U.S. government discovered alleged terrorist Jose Padilla's written application to join al Qaeda."

And The South Florida Sun-Sentinel reports that "Miami prosecutors allege Padilla was trained by al-Qaida in Afghanistan."
Posted at 07:35 PM by Howard Bashman




"Alito gains key endorsement for US high court": Reuters provides this report.
Posted at 05:28 PM by Howard Bashman



Confirmation hearing-related editorial cartoons and other attempts at humor: A few of the more clever cartoons can be accessed here, here, and here.

And the final portion of David Letterman's monologue (RealPlayer required) last night was devoted to the hearing.
Posted at 05:15 PM by Howard Bashman




"Opening Shots Fired in Angels, Anaheim Trial": The Los Angeles Times provides this news update.
Posted at 04:55 PM by Howard Bashman



The Sacramento Bee is reporting: Claire Cooper, that newspaper's legal affairs writer, has an article in today's newspaper headlined "Court backs longer military stints; Sacramento Army reservist had challenged his extension."

And an article headlined "Judge rejects death row plea; U.S. high court is asked to block execution" begins, "A Sacramento federal judge refused Thursday to block the execution of Clarence Ray Allen, rejecting the argument that putting him to death in view of his age, physical infirmities and lengthy stay on death row would amount to 'cruel and unusual punishment' in violation of the Eighth Amendment."
Posted at 04:40 PM by Howard Bashman




Available online from The San Francisco Chronicle: Today's newspaper contains an article headlined "Democrats fail to pin Alito down in final questioning; Nominee expected to be confirmed to Supreme Court." And Bob Egelko reports that "Questions raised about having judges testify."

Relatedly, today's installment of Don Asmussen's "Bad Reporter" cartoon is entitled "The Right to Cry."

And today's newspaper also contains an article headlined "Court rules against Yahoo; France fined firm over Nazi items posted on Web."
Posted at 04:25 PM by Howard Bashman




On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Alito Wraps Testimony, Senate Panel Continues Debate"; "A 'Dead Language' Gains New Life in the Senate"; and "Alito and Abortion Rights: A Pro-Life Perspective" (RealPlayer required).
Posted at 04:15 PM by Howard Bashman



The Associated Press is reporting: An article reports that "Alito Hearings Close, Confirmation Likely."

And an article headlined "Court Rejects Police Immunity From Lawsuit" reports on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 04:05 PM by Howard Bashman




"Who Was That Striking Lady in Red?" The Washington Post today contains an item that begins, "Ladies and gentleman, we present the breakout star of the Alito hearings -- Rachel Brand !" You can learn more about her here. Not surprisingly, "Wonkette" provides additional coverage.
Posted at 03:30 PM by Howard Bashman



"High Court to Weigh Domestic Abuse Claim": Gina Holland of The Associated Press provides this report on a case that the U.S. Supreme Court agreed to review today.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to hear criminal case on duress issue."
Posted at 03:15 PM by Howard Bashman




"Please Don't Feed the Federalists: A Democrat's field guide to the conservative jurist." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:40 PM by Howard Bashman



"Even Law Firms Join the Trend to Outsourcing": This article appears today in The New York Times.
Posted at 02:35 PM by Howard Bashman



"The question presented by this appeal is whether a taxpayer can ever have standing under Article III of the Constitution to litigate an alleged violation of the First Amendment's establishment clause unless Congress has earmarked money for the program or activity that is challenged." So begins an opinion that Circuit Judge Richard A. Posner issued today on behalf of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. The majority opinion later explains, "The taxpayers here are complaining about the use of money appropriated by Congress under Article I, section 8, to fund conferences that various executive-branch agencies hold to promote President Bush's 'Faith-Based and Community Initiatives.'" Today's decision reinstates the lawsuit, which the district court had dismissed.

Circuit Judge Kenneth F. Ripple's dissenting opinion begins, "Today, the panel majority holds that executive conduct alleged to have violated the Establishment Clause may be challenged by federal taxpayers so long as that conduct was financed in some manner by a congressional appropriation. Because I do not believe that the applicable Supreme Court precedent permits such a dramatic expansion of current standing doctrine, I respectfully dissent."
Posted at 01:44 PM by Howard Bashman




The Senate Judiciary Committee's hearing on the nomination of Samuel A. Alito, Jr. to the U.S. Supreme Court has concluded: It would appear that the schedule for a floor vote in the U.S. Senate on Friday, January 20, 2006 will not be adhered to because the committee's mark-up of the nomination will be postponed a week at the behest of one or more Democratic Senators.
Posted at 01:33 PM by Howard Bashman



"This just in from 'Alito': Put a cork in it, senator!" The author of the blog "The Right Honorable Samuel A. Alito, Jr." is revealed in this article that Amy Klein has today in The Bergen (N.J.) Record.
Posted at 01:30 PM by Howard Bashman



"Man Faces Trial for Taking Payments To Serve as Class Action Suit Plaintiff": Josh Gerstein has this article today in The New York Sun.
Posted at 12:44 PM by Howard Bashman



"Taking on a nation -- Claiming they were sexually harassed and abused while working at a tribal casino, a group of California women are suing; There's only one problem: As part of a sovereign Indian nation, the casino is exempt from civil U.S. law." Peter Byrne has this essay today at Salon.com.
Posted at 12:22 PM by Howard Bashman



"Concerned Alumni of Reagan: Sam Alito goes from one group of grumpy old men to another." Bruce Reed has this post as Slate's "The Has-Been."
Posted at 12:20 PM by Howard Bashman



In the January 14, 2006 issue of The Economist: The magazine will contain articles headlined "The brainbox and the blowhards: Samuel Alito, George Bush's latest pick for the Supreme Court, faces a tough and dirty battle for confirmation; But he looks as though he'll win" and "Why judges matter: They can protect defunct monopolies and mess up children's lives."
Posted at 12:15 PM by Howard Bashman



Access online the Supreme Court of Connecticut's ruling in State v. Skakel: The majority opinion is here, while a concurring opinion is here.

Earlier this morning, I linked to press coverage of this matter here. And The Associated Press reports that "Conn. Court Upholds Skakel Conviction."
Posted at 11:50 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Questions for Alito End, Witnesses Testify" (featuring Nina Totenberg) and "DNA Test Backs Up Verdict in 1992 Execution." RealPlayer is required to launch these audio segments.
Posted at 10:35 AM by Howard Bashman



"Baited Breath: Has Alito given Democrats justification for a filibuster?" Ryan Lizza will have this essay (pass-through link) in the January 23, 2006 issue of The New Republic.
Posted at 10:30 AM by Howard Bashman



"Alito's Way: Try as they might, the Democrats cannot elicit negative comments from friendly judges or ABA representatives." Today in The Legal Intelligencer, Shannon P. Duffy has an article (subscription required) that begins, "If the Democrats on the Senate Judiciary Committee accomplished anything in their two-and-a-half days of grilling U.S. Supreme Court nominee Samuel A. Alito Jr., their efforts seemed to be eviscerated immediately after the lunch break yesterday with the powerful and sweeping endorsements Alito received from witnesses from the American Bar Association and his own colleagues on the 3rd U.S. Circuit Court of Appeals."
Posted at 10:28 AM by Howard Bashman



"Disguise And Resent": CBS News legal analyst Andrew Cohen has an essay that begins, "The question-and-answer session ended as it began -- with nice comments from Senate Judiciary Committee Senators to the Supreme Court nominee and his family. But the 20 hours in between were anything but nice or neat or encouraging to anyone truly interested in the sweep of the law over the grit and grime of politics."
Posted at 10:18 AM by Howard Bashman



"Democrats Try to Slow Alito Confirmation": The Associated Press provides this report.
Posted at 10:15 AM by Howard Bashman



Day five of the confirmation hearing for U.S. Supreme Court nominee Samuel A. Alito, Jr. is scheduled to begin at 9:00 a.m. eastern time: Click here to watch in RealPlayer via C-SPAN. The committee's live video feed is here (RealPlayer). And National Public Radio is streaming online live audio coverage at this link (RealPlayer).

The Washington Post provides live blogging here. The New York Times provides live blogging here. And "SCOTUSblog" is also live-blogging the hearing.
Posted at 08:58 AM by Howard Bashman




"Daily routine may change for Capano, or not; Even life sentence might not be safe for former prosecutor": This article appears today in The News Journal of Wilmington, Delaware.
Posted at 08:05 AM by Howard Bashman



"Yahoo's Nazi Suit Tossed; A U.S. court declines to intervene in a French case in which the firm was fined for displaying hateful material": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:00 AM by Howard Bashman



"What Kind Of Justice Will Alito Be?" Law Professor Alan Dershowitz has this commentary today at Forbes.com.
Posted at 07:45 AM by Howard Bashman



"Alito Appears Headed for Senate Confirmation": Maura Reynolds and David G. Savage have this article today in The Los Angeles Times. Related articles report that "Liberal Groups Vow to Dig In; By expanding the battle against Alito even though a filibuster is unlikely, Democrats hope to make the GOP pay in November"; "3rd Circuit Colleagues Trumpet Alito; In an unusual move, seven past and present appellate judges testify at his Senate hearing, sparking some controversy"; "Emotional Moment Gives the Networks a Way Out."

USA Today reports that "Dems weigh filibuster as Alito testimony ends; No grounds for maneuver, say some 'Gang of 14' members." And Joan Biskupic has an article headlined "Nominee separates 'Roe,' other landmarks; Democratic senators troubled by Alito's refusal to describe ruling as 'settled.'"

The New York Sun reports that "A Bid To Delay Vote on Alito In the Works."

In The Chicago Tribune, Jan Crawford Greenburg and Jill Zuckman report that "Alito weathers stormy hearings; Democrats can't rattle high court nominee." In other coverage, "With Alito, Catholics would be court majority; His confirmation would mark a milestone, but experts debate what the impact would be." Columnist John Kass has an op-ed entitled "Alito's wife's tears transcend politics." And columnist Steve Chapman has an essay entitled "Past, future of Roe vs. Wade; Should, would a Justice Alito upend the landmark decision?"

In The Boston Globe, Charlie Savage reports that "Little ammunition for filibuster as hearing nears end; But abortion-rights advocates press fight." In related coverage, "Sidestepping punches, Alito sails toward vote; Confirmation seen likely." And columnist Ellen Goodman has an op-ed entitled "Is Roe v. Wade already collapsing?"

The New York Times reports that "At Princeton, the Hearings Cause Unease." And an editorial is entitled "Pro-Choice Senators and Judge Alito."

The Washington Post contains articles headlined "Debating The Tissues: What Makes A Good Cry" and "The Alitos: Well Suited, And Dressed For Duress." An editorial is entitled "Judge Alito's Hearings." And columnist E.J. Dionne Jr. has an op-ed entitled "A Hearing About Nothing."

In The Pittsburgh Post-Gazette, Michael McGough has articles headlined "Alito survives Senate test; Questioning of court nominee ends with confirmation looking likely" and "Judges from both sides go to bat for Alito."

Newsday reports that "Confirmation likely; As Alito ends his testimony without a misstep, Democrats appear to have little hope of stopping him."

The Denver Post reports that "Alito sails toward OK; Dems uneasy but not enough to filibuster."

The Baltimore Sun contains an article headlined "Practicing the art of saying little."

The Hartford Courant reports that "Confirmation Process Questioned; Democrats Say Alito Hearings Flawed."

The Houston Chronicle reports that "Alito's testimony ends; approval appears likely; Despite forecast, some Democrats consider blocking confirmation vote."

The Newark (N.J.) Star-Ledger contains articles headlined "For Alito, the grilling ends and the waiting begins; Senate panel to vote Tuesday with GOP sure of his confirmation" and "7 judges line up behind their 3rd Circuit colleague." And columnist John Farmer has an op-ed entitled "Alito hearings marred by partisanship."

The Trenton Times reports that "Princeton CAP role is debated."

The Philadelphia Inquirer contains articles headlined "Fellow judges praise nominee's record; Democrats had qualms about the testimony, but Alito's colleagues had no qualms about him" and "Get rid of hearings, Biden suggests; Nominations should go right to the full Senate, he said after using up his questioning time."

The Washington Times contains articles headlined "Alito expected to be confirmed"; "Alito emerges unscathed from grueling hearings"; "Republicans say Alito personal jabs went too far"; "Public divided on support for Alito"; "Alito used group to show Reagan accord"; and "Kennedy belongs to exclusive club."

The Milwaukee Journal Sentinel reports that "Feingold, Kohl skeptical of Alito's answers; But confirmation in Senate seems likely in next weeks."

The New York Daily News contains an article headlined "Dems' Alito defeato; Path looks clear after wife's tears."

The Providence Journal reports that "Laffey calls for confirmation of Supreme Court nominee; The Cranston mayor and U.S. Senate candidate says Samuel A. Alito Jr. has the credentials and temperament to sit on the high court."

Bloomberg News reports that "Alito Rated a Favorite for Approval After Concluding Testimony." And columnist Ann Woolner has an essay entitled "A Few Blunt Questions Judge Alito Shouldn't Answer."

BBC News reports that "Bush court nominee rests his case."

The Daily Princetonian contains articles headlined "Divided campus reacts to Alito"; "Alito disavows conservative alumni group"; "CAP's ROTC advocacy died down in 1980s"; and "Advocacy group VP criticizes Alito."

The Yale Daily News reports that "Law community is divided over Alito."

The Harvard Crimson reports that "Alum's Owl Ties Draw Ire; Republicans call Kennedy hypocritical for attacks on Alito."
Posted at 06:45 AM by Howard Bashman




"Skakel Conviction Upheld; Top State Court Rules Against Kennedy Cousin In Moxley Murder Case": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The state Supreme Court, in a decision to be released today, has upheld the murder conviction of Kennedy kinsman Michael Skakel."

And The New York Times reports today that "Connecticut Court Upholds Murder Conviction of Skakel."
Posted at 06:28 AM by Howard Bashman



Thursday, January 12, 2006


In Friday's edition of The New York Times: Tomorrow's newspaper will report that "After Alito's Testimony, Democrats Still Dislike Him but Can't Stop Him."

Adam Liptak will have a news analysis headlined "Few Glimmers of How Conservative Judge Alito Is."

And in related coverage, "Thrust Into Limelight and for Some a Symbol of Washington's Bite."
Posted at 11:12 PM by Howard Bashman




Available online from law.com: An article reports that "In Closely Watched Case, 9th Circuit Rejects Yahoo's Free Speech Argument; Case deals with unfamiliar ground involving Internet commerce's reach and disparities among different countries' laws."

Justin Scheck reports that "Creative Deal Fails to Win Lawyer Fees at 9th Circuit."

And an article headlined "N.Y. Court Rejects Employers' Challenge to Contraception Law" reports on a ruling that the New York State Supreme Court, Appellate Division, 3rd Department, issued today.
Posted at 11:05 PM by Howard Bashman




"A Fallen Judge Rethinks Crime and Punishment": The New York Times on Friday will contain an article that begins, "His last night behind bars, Roland Amundson was sitting in the prison library when he felt the large shadow of someone standing over him."
Posted at 10:04 PM by Howard Bashman



Access online NPR's hour-long wrap-up of today's confirmation hearing: You can access the broadcast at this link (RealPlayer required).
Posted at 09:54 PM by Howard Bashman



"A Right Cautious Nominee; Measured Replies Paint Picture With a Conservative Tint": Charles Lane will have this news analysis Friday in The Washington Post.

And tomorrow's newspaper will also contain a front page article headlined "Alito Likely to Become a Justice; Liberals See Slim Chance of Blocking Confirmation" and an article headlined "Emphasis Moved Off Rights to Powers."
Posted at 09:50 PM by Howard Bashman




"Court dismisses Yahoo's free speech lawsuit": Declan McCullagh of c|net News.com provides this report.

And Reuters reports that "Court rules against Yahoo in Nazi speech case."
Posted at 09:05 PM by Howard Bashman




"Democrats frown on judges' testimony; Seven of Alito's colleagues speak at Supreme Court hearing": CNN.com provides this report.
Posted at 09:03 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Senate Panel Concludes Questioning of Alito" (featuring Nina Totenberg); "Analysis of Day Four of Alito Hearings" (featuring Law Professors Douglas Kmiec and Jeffrey Rosen); and "DNA Test Confirms Guilt of Man Executed in Virginia."

Today's broadcast of "Talk of the Nation" contained a segment entitled "Alito Confirmation Hearings Wind Down" featuring Law Professor Noah Feldman.

And today's broadcast of "Day to Day" contained segments entitled "Alito Faces Third Day of Questioning by Senate Panel" and "Alito and Abortion Rights: A Pro-Choice Perspective."

RealPlayer is required to launch these audio segments.
Posted at 08:44 PM by Howard Bashman




"Is It Over Yet? The Alito hearings have produced little of substance; No wonder critics are questioning the system." Martha Brant has this essay today online at Newsweek.
Posted at 08:38 PM by Howard Bashman



"Blank Slate": Online as Slate, you can access day four of Dahlia Lithwick's "Confirmation Report" at this link.
Posted at 08:33 PM by Howard Bashman



Transcript and video of day four of the Alito confirmation hearing: Via The New York Times, you can access the transcript here.

And via C-SPAN, you can access the video in two parts: part one; part two (RealPlayer required).
Posted at 08:30 PM by Howard Bashman




"Confirmation hearings end with Alito expected to be confirmed": James Kuhnhenn and Stephen Henderson of Knight Ridder Newspapers provide this report.
Posted at 08:25 PM by Howard Bashman



In Friday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "Cautious Alito follows Roberts's script in quest for Supreme Court spot; Nominee shows his grasp of the Constitution but stays tight-lipped on key issues dividing Americans."

And tomorrow's newspaper will also contain an article headlined "After setback, what's next for vouchers? A Florida court ruling that a statewide voucher system must be dismantled dealt a blow to advocates nationwide."
Posted at 07:05 PM by Howard Bashman




"Alito completes testimony; split remains; Supreme Court nominee takes step toward confirmation": CNN.com provides this report.

And Tom Curry, national affairs writer for MSNBC, reports that "Foes ponder next move in fight to defeat Alito; Wife's tearful reaction to insinuations of bigotry may help nominee."
Posted at 07:02 PM by Howard Bashman




"Biden: I should have asked more questions; Del. senator spoke longer than nominee Alito." The Wilmington News Journal today contains an article that begins, "After a day of nonstop ribbing from his colleagues and the national media, Sen. Joe Biden was ready to admit Wednesday that he should have done less talking and more listening during his questioning of Supreme Court nominee Samuel Alito."
Posted at 06:00 PM by Howard Bashman



"The Constitutional Catechism": At "Balkinization," Jack Balkin has a post that begins, "The Alito hearings make clear that at this point in American constitutional history, a Supreme Court nominee must recite a catechism of belief if he or she is to be confirmed."
Posted at 05:50 PM by Howard Bashman



"Attorneys for Angelos vow to keep fighting sentence": Yesterday's edition of The Deseret Morning News contained an article that begins, "Attorneys for a 26-year-old man, convicted and sentenced to serve 55 years for selling marijuana with a firearm, said they will keep fighting the sentence and expect to take the case to the U.S. Supreme Court." (Via "Sentencing Law and Policy").
Posted at 05:35 PM by Howard Bashman



"Judges' Endorsements May Be Alito Conflict": The Associated Press provides this report. And The AP also provides a news analysis headlined "Abortion Key in Alito Fight."
Posted at 05:23 PM by Howard Bashman



"Capano death penalty overturned; Delaware Supreme Court ruling could lead to life in prison; victim's family will have say in whether to relive penalty phase": The News Journal of Wilmington contains this article today. The newspaper also contains related articles headlined "Jurors less likely to vote for execution; Exonerations based on DNA evidence turned tide since 1990s"; "Brother: 'Important thing' is he's behind bars; Robert Fahey says family has become numb to legal twists"; "Ruling brings back grim memories; Trial riveted the attention of Delawareans, led to several books and national television shows"; "Case fascinated with sex, wealth, betrayal"; "11-1 decision 'should stand,' says juror"; and "Many in Del. say new jury may be hard to find."

And The Philadelphia Inquirer reports today that "Capano death sentence rejected; The lawyer who killed his girlfriend could get a new penalty trial; Judges cited a 2002 Supreme Court ruling."

My earlier coverage is here.
Posted at 05:20 PM by Howard Bashman




"End of Alito Questioning Prompts Democrats to Consider Filibuster": law.com's Tony Mauro provides this report.
Posted at 05:08 PM by Howard Bashman



"White House Asks High Court to Toss Appeal": The Associated Press provides a report that begins, "The Bush administration asked the Supreme Court on Thursday to dismiss an appeal by a terror suspect held at the U.S. naval base at Guantanamo Bay."

And at "SCOTUSblog," Lyle Denniston has a post titled "Government asks Court to dismiss Hamdan."
Posted at 04:30 PM by Howard Bashman




Fourth Circuit holds that individual employees of a privately operated prison are not subject to Eighth Amendment liability under Bivens v. Six Unknown Named Agents for allegedly providing inadequate medical care to a federal inmate: You can access today's ruling at this link.
Posted at 04:11 PM by Howard Bashman



"Court Dismisses Yahoo Free Speech Suit": David Kravets of The Associated Press provides this report. My earlier coverage is here.
Posted at 03:50 PM by Howard Bashman



"DNA Tests Confirm Guilt of Executed Man": The Washington Post provides a news update that begins, "DNA tests released this afternoon confirmed the guilt of a Virginia man who had proclaimed his innocence in a slaying and rape even as he was strapped into the state's electric chair in 1992."

And The Richmond Times-Dispatch provides a news update headlined "Tests reaffirm Coleman's guilt; Gov. Warner announces results of new DNA testing."

You can view the DNA report at this link.
Posted at 03:45 PM by Howard Bashman




Access online the transcript of today's U.S. Supreme Court confirmation hearing: Via The New York Times, you can access the transcript (which continues to be updated) at this link.
Posted at 03:44 PM by Howard Bashman



The panel consisting of Third Circuit judges will now begin testifying at the U.S. Supreme Court confirmation hearing for Samuel A. Alito, Jr.: More information is available here and here.
Posted at 03:15 PM by Howard Bashman



Ninth Circuit rejects military reservist's challenge to the President's stop-loss authority to require active duty for a period longer than the reservist's enlistment: Today's ruling in Doe v. Rumsfeld can be accessed here.
Posted at 02:10 PM by Howard Bashman



Splintered eleven-judge en banc Ninth Circuit panel orders the dismissal of Yahoo! Inc.'s lawsuit seeking to protect that company against a French court's order forbidding auctions of Nazi memorabilia: Today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed here. Back in March 2005, I linked here to press coverage of the en banc oral argument and here to the audio recording of that oral argument.

The lead en banc opinion concludes, "When the votes of the three judges who conclude that the suit is unripe are combined with the votes of the three dissenting judges who conclude that there is no personal jurisdiction over LICRA and UEJF, there are six votes to dismiss Yahoo!'s suit." It is interesting that on an eleven-judge panel, two distinct minority positions can combine to control the result.

A copy of Yahoo!'s complaint initiating the lawsuit can be accessed here. Back in August 2004, a divided three-judge Ninth Circuit panel, in an opinion you can access here, also decided that the lawsuit could not proceed. In coverage of that ruling, law.com reported that "On Appeal, Anti-Nazi Groups Topple Yahoo; Dissent would have granted jurisdiction." And an article reporting on the oral argument before the three-judge panel was headlined "French Order Is Greek to 9th Circuit."
Posted at 01:50 PM by Howard Bashman




"Alito Appears Headed for Confirmation": Jesse J. Holland of The Associated Press provides this report.
Posted at 01:45 PM by Howard Bashman



"Judges Graze the Political Fray; Testifying for Alito Seems Deft Move But May Be Risky Business": Brent Kendall has this article today in The Daily Journal of California.
Posted at 01:40 PM by Howard Bashman



The portion of the U.S. Supreme Court confirmation hearing during which Samuel A. Alito, Jr. is testifying has ended: When the hearing resumes at 2:30 p.m. eastern time, the American Bar Association panel will be first, and next will be the panel consisting of seven current and former Third Circuit judges (more info available via this earlier post). You can track this afternoon's panels using this list.
Posted at 01:33 PM by Howard Bashman



"Former 'Enemy Combatant' Pleads Not Guilty": The Associated Press provides this report.

At the "Southern District of Florida Blog," David Oscar Markus provides a post titled "Jose Padilla's bond hearing."
Posted at 12:05 PM by Howard Bashman




Cruel and unusual punishment? The Minneapolis Star Tribune today contains an article headlined "'Impaler' sinks his teeth into governor's race; Self-styled 'vampyre' Jonathon Sharkey is running for governor on a platform that includes impaling terrorists."
Posted at 11:54 AM by Howard Bashman



He'll only differ on the substance: Jesse J. Holland of The Associated Press has a report headlined "Alito Says He'd Emulate O'Connor's Style."
Posted at 11:52 AM by Howard Bashman



"FAIR case may end in defeat": The Yale Daily News yesterday contained an article that begins, "Several universities receiving federal funding, including Yale, are planning for the possibility that they may be compelled to facilitate military recruiting at their law schools, after a tough questioning at a Supreme Court hearing last month left observers doubting that the schools will be able to deny help on the basis of their anti-discrimination policies."
Posted at 11:50 AM by Howard Bashman



In commentary: Today at National Review Online, Byron York has an essay entitled "Alito: A Last-Gasp Democratic Gambit Fails; What's in the Concerned Alumni of Princeton papers? Nothing." In addition, Spencer Abraham has an essay entitled "The Anti-Alito Coalition: The Left courts its agenda."

And online at The Nation, Bruce Shapiro has an essay entitled "Alito Almanac: Right-wing Revelation."
Posted at 11:25 AM by Howard Bashman




Yoo don't say: It's as though the subject of this blog's newest Blogad was just being discussed at today's Senate Judiciary Committee hearing. According to the testimony, Judge Alito hasn't read that book yet, so perhaps it would make a nice confirmation present.
Posted at 11:20 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Senate Panel to Wrap Questioning of Alito" (featuring Nina Totenberg); "A Future Legal Battleground: Environmental Regulation"; and "Why Not a Court of Average People?"
Posted at 11:10 AM by Howard Bashman



Is it murder if the person killed agreed to be murdered? BBC News reports that "German cannibal back for retrial" and "Cannibal fights new legal battles."

Reuters reports that "German cannibal retried on renewed murder charge."

Bloomberg News reports that "Convicted German Cannibal May Get Harsher Sentence."

The Telegraph (UK) reports that "German cannibal faces retrial for murder."

Newsday provides a report headlined "Retrial in cannibalism case."

Deutsche Welle reports that "German Courts Want Stiffer Sentence for Cannibal."

United Press International reports that "German cannibal sues to stop film, song."

The Mirror (UK) previously reviewed the background of the case here.
Posted at 10:15 AM by Howard Bashman




"Senators Take Last Turn to Question Alito": Jesse J. Holland of The Associated Press provides a report that begins, "An examination of hundreds of documents from the founder of a controversial college alumni group found no mention of Supreme Court nominee Samuel Alito, the chairman of the Senate Judiciary Committee said Thursday."
Posted at 09:28 AM by Howard Bashman



Day four of the confirmation hearing for U.S. Supreme Court nominee Samuel A. Alito, Jr. is scheduled to begin at 9:00 a.m. eastern time: Click here to watch in RealPlayer via C-SPAN. The committee's live video feed is here (RealPlayer). And National Public Radio is streaming online live audio coverage at this link (RealPlayer).

The Washington Post provides live blogging here. The New York Times provides live blogging here. And "SCOTUSblog" is also live-blogging the hearing.

Once Judge Alito leaves the hot-seat, the committee will hear today from other witnesses. Today's witness list can be found at this link. The witness list indicates that the second panel to testify after Judge Alito's testimony wraps-up will consist of the seven current and former Third Circuit Judges whom I recently profiled here. And in related coverage, law.com's Tony Mauro today has a report headlined "3rd Circuit Judges to Testify on Alito's Behalf."
Posted at 08:45 AM by Howard Bashman




"Sen. Biden Suggests Scrapping Hearings": The Associated Press provides a report that begins, "Supreme Court nominees are so mum about the major legal issues at their Senate confirmation hearings that the hearings serve little purpose and should probably be abandoned, Democratic Sen. Joe Biden said Thursday."
Posted at 08:44 AM by Howard Bashman



"Meaningless charade: The moribund hearings have been as predictable as a Kabuki drama; Barring a major miscue, Alito's inscrutability will carry him to the Supreme Court." Michael Scherer has this essay today at Salon.com.
Posted at 08:08 AM by Howard Bashman



"For 'Roe,' trials out of court; Dallas plaintiff in '73 abortion case struggles to make ends meet": The Dallas Morning News contains this article today.

And in related news, The Atlanta Journal-Constitution reports today that "'Mary Doe' rebuffed in effort to overturn ruling."
Posted at 07:30 AM by Howard Bashman




"Alito Remains Unruffled in Testy Hearings; Democrats focus on abortion and his ties to a conservative alumni group; A GOP senator apologizes for what he calls unfair insinuations": This article appears today in The Los Angeles Times. David G. Savage has an article headlined "Divided Along Roe vs. Wade: Senators wrestle with the question of whether the landmark abortion ruling is 'settled law'; The high court nominee remains noncommittal." In related coverage, "Alito's Membership in Alumni Group Is Under Scrutiny" and "Senators Seize on Hearing as Sounding Board; The line of questioning for Judge Samuel A. Alito Jr. retreads ground but few lawmakers pass up the chance to get their agenda on camera." And Law Professor Mark V. Tushnet has an op-ed entitled "Is a judicial 'agenda' always so bad? Senators should get beyond platitudes about the 'rule of law' and look at a nominee's constitutional vision."

The New York Times today contains articles headlined "From the Left, Calls to Press Alito Harder" and "An Intense Experience for Family Members, Too." An editorial is entitled "Judge Alito, in His Own Words." And columnist David Brooks has an op-ed entitled "Losing the Alitos" (TimesSelect subscription required).

The Washington Post reports that "Alito Disavows Controversial Group; Nominee Touted His Membership in 1985."

The State of Columbia, South Carolina contains an article headlined "Graham's defense makes judge's wife cry; S.C. senator's remarks follow hard questions about character from Democrats."

USA Today reports that "Nerves fray at Alito hearing; Democrats turn up heat on Supreme Court nominee." And an editorial is entitled "The Alito spectacle: From senators, too much talk, too little listening."

In The Chicago Tribune, Jill Zuckman and Jan Crawford Greenburg reports that "Democrats take more aggressive tone at Alito confirmation hearings."

The Houston Chronicle reports that "Senators fail to pin Alito down on abortion; He refuses to say Roe is settled law, or if abortion is a right protected by the Constitution."

In The Boston Globe, Charlie Savage reports that "Nominee splits hairs on 'privacy rights'; Parries questions on Roe v. Wade." An article reports that "Democrats turn up heat against Alito; Critics grill nominee on abortion stance." And columnist Joan Vennochi has an op-ed entitled "Senate's swirling winds."

In The San Francisco Chronicle, Bob Egelko reports that "Dems given more time to question Alito; They're skeptical about memory lapse on alumni group."

Michael McGough of The Pittsburgh Post-Gazette reports that "Alito again rebuffs abortion questions."

The Newark (N.J.) Star-Ledger contains articles headlined "Day of accusations and tears; Democrats press Alito on a past membership, and his upset wife flees hearing room"; "Princeton group had troubling attitudes; Group opposed women, minorities"; and "Bending the judge's ear; Senators are lobbying Alito as well as interrogating him." And columnist Bob Braun has an op-ed entitled "No judge, Alito included, lives by rule of law alone."

The Denver Post reports that "Democrats grill Alito over Princeton club; The group worried in the 1970s that too many minorities were being admitted; The Supreme Court nominee said he didn't remember whether he was a member."

Newsday contains an article headlined "Hard questioning: Tensions run high in second day, as Alito says Roe v. Wade is still in play, senators clash over subpoenas."

The St. Louis Post-Dispatch reports that "Alito's membership in alumni group causes furor."

The Washington Times contains articles headlined "Alito accused of racism" and "Congresswomen deem Alito unfit." And David Limbaugh has an op-ed entitled "Extreme angst ambuscade."

The Des Moines Register contains an article headlined "Grassley: Stop 'dead horse' questioning."

The Deseret Morning News reports that "Hatch tries to protect judge amid fierce Demo questions; Key points are about ethics, Princeton group membership."

law.com's Tony Mauro reports that "3rd Circuit Judges to Testify on Alito's Behalf."

Bloomberg News reports that "Alito's Testimony Nears End as Senate Partisan Lines Stiffen." And columnist Margaret Carlson has an essay entitled "Fear of Borking Lets Alito Coast on Bromides."

The Herald-Sun of Durham, North Carolina reports that "UNC prof to testify at today's Alito hearing."

The Daily Tar Heel reports that "Senate calls on local academics; Two to engage in today's Alito hearing."

The Trenton Times reports that "Hamilton high-schoolers are friendlier faces."

And The (W. Va.) State Journal reports that "Former Alito Clerks Defend His Work as Advocate."
Posted at 07:15 AM by Howard Bashman




"Judging the judge's judges": Today in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, "If by some bizarre twist of fate, the Senate fails to confirm Judge Samuel A. Alito Jr.'s nomination to the U.S. Supreme Court, I have a suggestion for President Bush's next pick: Ted Kennedy."

The Wall Street Journal today contains an editorial entitled "Senate Civility: Why Mrs. Alito left the room." And Peggy Noonan has an op-ed entitled "Biden His Time: Judge Alito's low-affect tour de force."
Posted at 07:00 AM by Howard Bashman




"A Fault Line for 'Intelligent Design'": This article appears today in The Los Angeles Times.
Posted at 06:58 AM by Howard Bashman



"Justices Restore Death Sentence; The Supreme Court overturns the 9th Circuit in the case of a Bakersfield man": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 06:50 AM by Howard Bashman



"A 1986 Case Could Aid Appeals Along Death Row": Linda Greenhouse has this article today in The New York Times.

Today in USA Today, Joan Biskupic reports that "Justices debate case of condemned inmate; Tenn. man wants new hearing, DNA tests examined."

The Houston Chronicle reports that "Death penalty appeal raises questions of DNA evidence; Justices to decide what standards for witnesses and genetic data would require a new trial."

And The Tennessean reports that "Justices spar over Tenn. case; Death row appeal tests standards to reopen cases."
Posted at 06:35 AM by Howard Bashman



Wednesday, January 11, 2006


"Senators Press Judge Alito for Firmer Answers on Abortion": This segment (transcript with link to audio) featuring Theodore B. Olson and Law Professor Dawn Johnsen appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:50 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Questioning of Alito by Democrats Heats Up" (featuring Nina Totenberg); "Sessions, Leahy on Alito Hearings: Part I"; "Sessions, Leahy on Alito Hearings: Part II"; and "Expanding Executive Power Via Signing Statements."

Today's broadcast of "Day to Day" contained segments entitled "Progress of Alito Hearings Stirs Debate" and "High Court Hears DNA Appeal from Death Row."

Finally, NPR's hour-long wrap-up of today's confirmation hearing can be accessed here.

RealPlayer is required to launch these audio segments.
Posted at 10:50 PM by Howard Bashman




"Alito Leaves Door Open to Reversing 'Roe'; Membership In Controversial Group Surfaces As an Issue": This front page article will appear Thursday in The Washington Post.

And Dana Milbank will have a "Washington Sketch" column entitled "The Democrats' Last Roar, By Way of Princeton."
Posted at 10:40 PM by Howard Bashman




Available online from law.com: An article reports that "Democrats Press Alito on Conservative Background."

And in news from California, "Law Firms Closer to Raking In $101M in Fees in Microsoft Case."
Posted at 10:35 PM by Howard Bashman




"High Court Debates Easing Limits on Death-Row Appeals": Linda Greenhouse of The New York Times provides this news update.
Posted at 10:32 PM by Howard Bashman



In Thursday's edition of The New York Times: Adam Liptak will report that "O'Connor Casts a Long Shadow on the Nominee."

And in related coverage, "Democrats Take Aggressive Tack; Alito Is Unfazed."
Posted at 10:30 PM by Howard Bashman




U.S. Court of Appeals for the Tenth Circuit overturns grant of summary judgment rejecting federal discrimination claims against the City of Altus, Oklahoma's English-only policy for its employees: The causes of action that today's ruling reinstates are claims of disparate-impact and disparate-treatment under Title VII, intentional discrimination under 42 U.S.C. § 1981, and denial of equal protection under 42 U.S.C. § 1983.
Posted at 10:25 PM by Howard Bashman



"Sam I Am": CBS News legal analyst Andrew Cohen has this essay this evening.
Posted at 09:04 PM by Howard Bashman



Who charges more per hour for his time: my plumber, or a U.S. Magistrate Judge? A reader has called to my attention an opinion that a U.S. Magistrate Judge serving on the U.S. District Court for the District of Columbia issued yesterday imposing sanctions on an attorney. Interestingly, the judge decided to measure the penalty based on the cost of the judge's own time:
A fair penalty would attempt to recover for the taxpayers the cost of my time. As a United States Magistrate Judge, I earn about $150,000 per year. If one assumes that I take two weeks vacation and work a forty hour week, I am paid $75 an hour. I can assure my reader that I have spent much more than one full working week in preparing the two memoranda to which I referred. Nevertheless, I will exercise my discretion and impose a monetary sanction of $3,000 upon Karl, representing 40 hours or one week of my time at $75 per hour.
You can access the complete opinion at this link.
Posted at 09:00 PM by Howard Bashman



"Alito the Activist: One man's judicial activism is another's sound interpretation." Jacob Sullum has this essay online at Reason.

At National Review Online, Byron York has an essay entitled "Dems Attack Alito -- and Lose: The first day of questioning goes to the nominee." And Pia de Solenni has an essay entitled "Protecting Girls: Thinking about Ted Kennedy's Groody concerns."

Online at The New Republic, Jacob T. Levy has an essay entitled "Power Grab: The Alito hearings and congressional power." Ethan J. Leib has an essay entitled "Surprise Witness: Three surprises from Alito's testimony." And David Kusnet has an essay entitled "Family Guy: Samuel Alito, street-corner conservative."

And online at The Nation, Bruce Shapiro has an essay entitled "Alito Almanac: Credibility Gap."
Posted at 08:50 PM by Howard Bashman




"Surprise end unlikely as Alito refuses to take bait": Patti Waldmeir will have this article Thursday in Financial Times.

The Cedar Rapids Gazette provides a news update headlined "Grassley declares Alito victory."

And The Daily Princetonian provides a news update headlined "Princeton in the spotlight during third day of hearings."
Posted at 08:27 PM by Howard Bashman




Available online at Slate: Day three of Dahlia Lithwick's "Confirmation Report" is titled "Sam's Club: Why Alito's Membership in CAP Matters."

And Emily Bazelon has a jurisprudence essay entitled "A Heart, No Matter How Small: To find Alito's, take out your magnifying glass."
Posted at 08:15 PM by Howard Bashman




Accessing the video and transcript of today's U.S. Supreme Court confirmation hearing: Via The New York Times, you can access the compete transcript of today's proceeding at this link.

And via C-SPAN, you can access the video of today's hearing in two parts: part one; part two (RealPlayer required).
Posted at 08:04 PM by Howard Bashman




"Alito demurs when asked if Roe v. Wade is settled law": Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers provide this report.

And Clary Hoyt, Knight Ridder's Washington editor, has a commentary entitled "Knight Ridder's Alito story: Factual and fair."
Posted at 07:55 PM by Howard Bashman




"Alito pressed on precedent, privacy; Halfway through his hearings, opponents have struggled to depict high-court nominee as an extremist": This article will appear Thursday in The Christian Science Monitor.
Posted at 06:04 PM by Howard Bashman



"Senate Confirmation Hearings: Day 3." The New York Times provides this transcript of today's proceedings.
Posted at 06:02 PM by Howard Bashman



"Gasoline price claims doubted; Justices question allegations made by service stations": The Houston Chronicle today contains an article that begins, "U.S. Supreme Court justices signaled strong skepticism Tuesday of claims by service station dealers that Shell Oil Co. and Texaco fixed prices by selling gasoline through a pair of Houston-based joint ventures."
Posted at 05:55 PM by Howard Bashman



"Alito wife leaves hearing in tears": The Drudge Report offers this.

The Associated Press provides reports headlined "Democrats Aggressively Question Alito"; "Alito Turns Aside Democrats' Criticism"; and "Backstage Drama Abounds at Alito Hearings."

And for those who keep track, JudgeAlito.com is pro-confirmation, while SamuelAlito.com is anti-confirmation.
Posted at 05:38 PM by Howard Bashman




"Alito Pushed by Democrats in Second Day of Questioning": At law.com, T.R. Goldman provides this news update.
Posted at 05:35 PM by Howard Bashman



Calvin and: Has the requirement that interstate commerce be implicated in federal Hobbs Act prosecutions been relaxed too much? Today, First Circuit Judge Juan R. Torruella issued a separate opinion in which he writes:
Under the government's theory of causation, if the decedent had taken the money out of the kitchen hiding place, gone to the supermarket, and been robbed of this money, shot, and killed by a person holding up the supermarket, a Hobbs Act violation could be charged since the original source of those funds was a business in interstate commerce and his business was never able to reopen after the depletion of those funds and the owner's death. What about the hold up of a neighborhood ice cream truck selling national brand products, in which the driver is killed resisting the robber, as a result of which his estate must file for bankruptcy? Would the government blink at calling that a Hobbs Act violation? At the rate we are going, perhaps the day will come when the federal government will see fit to prosecute the robbery of a child's roadside lemonade stand because the lemons came from California, the sugar was refined in Philadelphia, and the paper cups were manufactured in China.
You can access the complete ruling at this link.
Posted at 05:28 PM by Howard Bashman



"This case presents an unusual question: whether plaintiffs, German Social Insurers, may bring state-law based negligence and wrongful death claims arising out of the terrorist attacks of September 11, 2001, under authority of German law despite the personal representatives' receipt of funds from the 9/11 Victim Compensation Fund." As had the district court before it, the U.S. Court of Appeals for the Second Circuit answers "no" today in an opinion that you can access here.
Posted at 05:15 PM by Howard Bashman



"The Pressure to Cover": The January 15, 2006 issue of The New York Times Magazine will contain an article (TimesSelect subscription required) by Law Professor Kenji Yoshino that begins, "When I began teaching at Yale Law School in 1998, a friend spoke to me frankly. 'You'll have a better chance at tenure,' he said, 'if you're a homosexual professional than if you're a professional homosexual.'"
Posted at 04:55 PM by Howard Bashman



"Pregnant doesn't count in HOV lane": The East Valley (Ariz.) Tribune today contains an article that begins, "Home pregnancy tests won't be standard police equipment anytime soon after a judge ruled Tuesday that unborn children don't count when it comes to carpool lanes."

And in related coverage, The Associated Press offers an article headlined "Judge: Don't Count Fetus for Carpool Quota."
Posted at 03:50 PM by Howard Bashman




"Supreme Court Weighs Scope of New Evidence": The Associated Press provides this report.
Posted at 03:42 PM by Howard Bashman



Seventh Circuit rejects religious-based challenge to Milwaukee's ban on the distribution of literature on county buses: Today's ruling, written by Circuit Judge Terence T. Evans, can be accessed here.
Posted at 03:35 PM by Howard Bashman



Why shouldn't you drive a car containing a crack pipe, crack cocaine, and a loaded gun onto prison property? This opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today provides some persuasive reasons.
Posted at 03:25 PM by Howard Bashman



U.S. Court of Appeals for the Eleventh Circuit declines to overrule Roe v. Wade: A unanimous three-judge panel issued this per curiam opinion today. A three-judge Fifth Circuit panel confronted a similar appeal in 2004, and my post about that court's ruling can be accessed here.
Posted at 03:15 PM by Howard Bashman



"From Alito's Past, a Window on Conservatives at Princeton": You can access here The New York Times article originally published on Sunday, November 27, 2005 that Senate Judiciary Committee Chairman Arlen Specter (R-PA) is discussing now.

The article reports: "Mr. Morgan's memorandum and other records of Concerned Alumni are contained at the Library of Congress in the papers of William A. Rusher, a leader of the group and a former publisher of National Review. Those records and others at Mudd Library at Princeton give no indication that Judge Alito, who sits on the United States Court of Appeals for the Third Circuit, was among the group's major donors. He was not an active leader of the group, and two of his classmates who were involved and Mr. Rusher said they did not remember his playing a role."
Posted at 03:00 PM by Howard Bashman




"The issue before us is whether a plaintiff bringing suit under 42 U.S.C. § 1983 can assign her right to seek attorney's fees to her attorney." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today answers "no" in an opinion you can access here. As the case in which the question arose demonstrates, a contrary resolution of the question would make certain civil rights cases much more difficult to settle.
Posted at 02:45 PM by Howard Bashman



"Tom Capano's death sentence has been thrown out by the Delaware Supreme Court, which ordered a new penalty hearing and a resentencing for Capano." The News Journal of Wilmington provides this news update, which continues, "A former state deputy attorney general, Capano was convicted and initially sentenced to death for the 1996 murder of Anne Marie Fahey."

You can access today's ruling of the Supreme Court of Delaware at this link. Two of the five judges participating in the ruling dissented from the decision to allow a new sentencing proceeding at which Capano could again be sentenced to death.
Posted at 12:55 PM by Howard Bashman




Finally, some fireworks at the Alito confirmation hearing: Moments ago, Senate Judiciary Committee Chairman Arlen Specter (R-PA) and committee member Edward M. Kennedy (D-MA) engaged in a heated discussion over whether the committee would subpoena records stored at the Library of Congress in the archive of former National Review publisher William A. Rusher pertaining to the Concerned Alumni of Princeton organization.

Ed Whelan blogs the confrontation here at National Review Online's "Bench Memos" blog. And at The Washington Post's "Campaign for the Court" blog, Fred Barbash has a post titled "Kennedy and Specter Have Words" that begins, "Things really got ugly -- really ugly -- between Sens. Kennedy and Specter."

Update: The Washington Post makes the video of the confrontation available at this link.
Posted at 12:44 PM by Howard Bashman




"Democrat fears Alito may ban abortion": Reuters provides a report that begins, "A top Senate Democrat told U.S. Supreme Court nominee Samuel Alito on Wednesday that he remained concerned that Alito could be the deciding vote to reverse the 1973 decision that legalized abortion."

There are two problems with this article's first sentence and its headline. First, even if the U.S. Supreme Court's ruling in Roe v. Wade were overturned, that would merely return to the States the question of whether and how abortion should be regulated. It would not result in the declaration, by the U.S. Supreme Court, that abortion is illegal. And second, as I explained in my essay this week for law.com, "Even if both Chief Justice Roberts and Justice Alito would vote to overrule Roe v. Wade -- and that's a big if -- five votes would remain on the Court to uphold Roe's central holding."
Posted at 11:30 AM by Howard Bashman




"Start Snitching" t-shirts can still be worn in Massachusetts courts: The Boston Globe today contains an article headlined "Judge fights courtroom intimidation; Anti-snitch T-shirts, video phones banned" that begins, "A top state judge yesterday banned anyone from entering a courthouse wearing clothing that bears the phrase 'Stop Snitching,' in a crackdown on the latest forms of witness intimidation in criminal cases."
Posted at 11:20 AM by Howard Bashman



"Jury selection under way in 'Survivor' tax case; The trial is expected to begin tomorrow and last between two and three weeks": The Providence Journal contains this article today.
Posted at 11:15 AM by Howard Bashman



"High court to rule on eminent domain": The Cincinnati Enquirer today contains an article that begins, "A three-year legal battle over Norwood's right to seize private property for a $125 million commercial development goes before the Ohio Supreme Court today." And in earlier coverage, on Sunday that newspaper contained an article headlined "Eminent-domain case goes to court" and a related item headlined "Norwood timeline." You can watch today's oral argument live by clicking here (the is due to be argued shortly after this post originally appeared; RealPlayer required).

In other coverage, The Associated Press reports that "Ohio Court Hears Case on Eminent Domain."

And The Cincinnati Business Courier reports that "Rookwood heads for showdown; Development fight hits court Jan. 11."

The Supreme Court of Ohio provides this background on the case. Once the oral argument video is archived, you will be able to access it via this link.
Posted at 11:10 AM by Howard Bashman




"U.S. attorney general: Court must stop mistreating immigrants": Howard Mintz has this article today in The San Jose Mercury News.

The Austin American-Statesman reports today that "Review of immigration courts is ordered; U.S. attorney general also warns judges to treat claims fairly."

And The Associated Press reports that "Attorney General Chides Immigration Judges."

I have posted online the memorandums that Attorney General Alberto R. Gonzales sent on Monday to immigration judges and to the members of the Board of Immigration Appeals.
Posted at 10:25 AM by Howard Bashman




"Democrats Say Alito's Answers Inconsistent": Jesse J. Holland of The Associated Press provides this report.
Posted at 10:15 AM by Howard Bashman



Today's U.S. Supreme Court decision in an argued case: At "SCOTUSblog," Lyle Denniston has a post titled "Court issues death penalty ruling."

And Gina Holland of The Associated Press reports that "Justices Reinstate Calif. Death Sentence."

You can access today's 5-4 ruling in Brown v. Sanders, No. 04-980, at this link. Justice Antonin Scalia delivered the opinion of the Court. Justice John Paul Stevens delivered a dissenting opinion, in which Justice David H. Souter joined. And Justice Stephen G. Breyer delivered a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. Finally, the oral argument transcript is available here.
Posted at 10:11 AM by Howard Bashman




Day three of the confirmation hearing for U.S. Supreme Court nominee Samuel A. Alito, Jr. is scheduled to begin at 9:30 a.m. eastern time: Click here to watch in RealPlayer via C-SPAN. The committee's live video feed is here (RealPlayer). And National Public Radio is streaming online live audio coverage at this link (RealPlayer).

The Washington Post provides live blogging here. The New York Times provides live blogging here. And "SCOTUSblog" is also live-blogging the hearing.
Posted at 09:22 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Alito to Face Further Grilling by Senate Panel" (featuring Nina Totenberg); "High Court to Weigh DNA in Criminal Case"; and "Evolution Debate Moves Into Philosophy Class." RealPlayer is required to launch these audio segments.
Posted at 09:20 AM by Howard Bashman



"Berkeley Scouts In Court Over Policy on Gays": Today in The New York Sun, Josh Gerstein has an article (pass-through link) that begins, "A Boy Scout group argued to the California Supreme Court yesterday that the city of Berkeley violated the Constitution by ending the youth organization's six decades of free access to the city's marina in a dispute over the Boy Scouts' exclusion of gays and atheists."

The San Francisco Chronicle reports today that "High court hears city, Sea Scouts on berth dispute; Group calls loss of marina privileges punitive for ideals."

Claire Cooper, legal affairs writer for The Sacramento Bee, has a front page article headlined "Berkeley case tests subsidies for Scouts."

In The Oakland Tribune, Josh Richman reports that "Lawyers spar over subsidy for Sea Scouts; City to top state judges: Group that discriminates doesn't have right to Berkeley taxpayer money."

As I noted earlier here, in The Los Angeles Times, Maura Dolan reports that "Court May Allow City to Deny Scouts a Break; Justices seem ready to uphold Berkeley's decision not to waive dock fees for group whose parent organization bars gays."

And David Kravets of The Associated Press reports that "Scouts claim bias over lost funds; Say Berkeley violated rights."
Posted at 09:10 AM by Howard Bashman




The Philadelphia Inquirer is reporting: Today's newspaper contains articles headlined "Did he do it? DNA results are due any day for inmate executed in 1992, and the man who fought for an answer" and "Acquaintance with a doomed man."

And in local news, an article headlined "Judge grants earlobes their day in court; Whether those of a robbery suspect match those on camera is at issue" begins, "Fingerprints, blood, fibers and DNA have set the falsely accused free. But earlobes? A federal judge has cleared the way for a University of Pennsylvania Museum forensic anthropologist who studies differences in human ears to testify at the trial of a Philadelphia man charged with robbing a local bank."
Posted at 09:05 AM by Howard Bashman




"The gang that couldn't question straight: Eight Democratic senators had a chance to grill Samuel Alito Tuesday -- but their artless queries could have been dodged by a tree sloth." Walter Shapiro has this essay at Salon.com.
Posted at 07:28 AM by Howard Bashman



"Alito Called 'Pretty Amazing So Far,' As Leahy Jokes of His Own Snoring": This article appears today in The New York Sun.

Today in The Los Angeles Times, Maura Reynolds, David G. Savage and Richard Simon have an article headlined "Alito Tells Skeptical Democrats He Would Keep an Open Mind." Ronald Brownstein has a news analysis headlined "Democrats Cast Wide Net Seeking Alito Flaw; The senators' critique showed the party's difficulty at coalescing around a single, clear argument against his high court nomination." And Stephen R. Dujack has an op-ed entitled "The Alito testimony you won't hear."

In The Chicago Tribune, Jill Zuckman reports that "Alito affirms right to privacy; Abortion, executive powers main topics." And columnist John Kass has an op-ed entitled "Alito already confirmed--as Phillies fan."

In USA Today, Joan Biskupic reports that "Nominee speaks softly and sticks to the big picture in his responses." In related coverage, "Senators divided over Alito's performance; Court nominee says he'd keep open mind about abortion, sidesteps wiretap questions." An editorial is entitled "Alito disclaims an agenda, but would he protect rights?" And Jonah Goldberg has an op-ed entitled "Senate 'show trial' is product of a too-powerful court."

Tom Curry, national affairs writer for MSNBC, has an article headlined "What we know and don’t know about Alito; Court nominee is noncommittal on abortion, national security surveillance."

The Boston Globe today contains articles headlined "Alito backs privacy, asserts an open mind on abortion; Nominee doesn't disavow his '85 view against Roe v. Wade" and "Nominee sees 'oversight,' but no ethics breach in Vanguard case."

The Newark (N.J.) Star-Ledger contains articles headlined "Alito tells critics: I'll be fair; Democrats fail to get Supreme Court nominee to offer personal views" and "GOPers make sure to smother grenades." And columnist Tom Moran has an essay entitled "So far, the Democrats keep missing tackles."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito, Democrats parry on Roe, rights; The aggressive questioning sometimes strained civility on the Senate panel." And in related coverage, "Critics call Specter softer on Roe; Some Democrats, liberal groups contend grilling didn't match Roberts hearings."

The San Francisco Chronicle contains an article headlined "Alito offers few hints on how he'd rule; Democrats persistent with questions on war powers for president, abortion." And Bob Egelko reports that "Questions about Roe skirted with skill; But Alito backs right to privacy, protection for women's health."

The Sacramento Bee reports that "Alito vows 'open mind.'"

The Orange County Register reports that "Feinstein criticizes 'cloudy' answers."

The Denver Post reports that "Alito vows open mind on abortion."

Newsday reports that "Democrats pick their battles carefully."

The Baltimore Sun contains articles headlined "Court nominee defends record; Alito, in careful answers, declines to detail his views on abortion rights or presidential powers" and "Alito irks foes by sticking to his script; Politely but stubbornly, he deflects Democratic efforts to smoke him out."

The Houston Chronicle reports that "Alito promises open mind on abortion cases; Testimony covers the law surrounding landmark Roe ruling."

The Milwaukee Journal Sentinel reports that "Alito grilled on powers of president; Nominee doesn't get specific under tough questioning from Democrats."

The Austin American-Statesman contains an article headlined "Analysis: Nominee rarely backed immigrants in court."

The Washington Times contains articles headlined "Alito won't prejudge Roe" and "A Jersey clan with Italian family values." An editorial is entitled "The reasonable Judge Alito." And Gary Bauer has an op-ed entitled "Out of the closet on abortion."

FOXNews.com provides a report headlined "A Mostly Swimming Day for Alito."

The Salt Lake Tribune reports that "In quizzing Alito, Hatch serves up 'soft lobs to the net.'"

The Deseret Morning News reports that "Senators' grilling, views of Alito split on party lines; 'He's as good as it gets,' Hatch says, but Demos aren't swayed."

The Cleveland Plain Dealer reports that "Roe not 'special,' DeWine declares."

The Dayton Daily News reports that "DeWine decries 'unfair' attacks."

The Washington Post reports that "Kennedy Makes a Weapon Of McCain's Torture Law."

The News & Observer of Raleigh, North Carolina reports that "UNC-CH law professor called to testify."

The Herald-Sun of Durham, North Carolina reports that "Duke prof to testify at hearings on Alito."

The Arkansas News Bureau reports that "Religious leaders oppose Alito confirmation."

The Baxter Bulletin reports that "Democrats want to hear more from Alito."

The Oregonian reports that "Confirmation hearing inspires Alito critics, allies in Oregon; Opponents plan a demonstration in Portland, while others quietly voice support."

The Trenton Times contains an article headlined "Witness to history unfolding."

The Daily Princetonian contains articles headlined "Alito '72 faces the fire; In first day of questioning, nominee is grilled on abortion, executive powers and CAP"; "Biden criticizes Princeton; Amid CAP showdown, senator says he 'wasn't a big Princeton fan'"; "Kennedy calls for release of CAP archives; Rusher says he has 'no recollection' of Alito affiliation with conservative group"; and "CAP critic pulled from Democratic witness list; Dujack '76 regrets controversial op-ed, will not testify before Senate committee."

The Times of London reports that "Alito frustrates Democrats with elusive responses."

Patti Waldmeir of Financial Times reports that "Senators fail to land knock-out blow on Alito."

The Toronto Globe and Mail reports that "Alito tells U.S. Senate he'd keep 'open mind' on abortion."

And The Toronto Star reports that "U.S. court nominee promises 'open mind.'"
Posted at 07:05 AM by Howard Bashman




"1st Suit in State to Attack 'Intelligent Design' Filed": Henry Weinstein has this article today in The Los Angeles Times.

That newspaper today also contains articles headlined "Court May Allow City to Deny Scouts a Break; Justices seem ready to uphold Berkeley's decision not to waive dock fees for group whose parent organization bars gays"; "Taking Sides on Same-Sex Marriage; Political, religious and civil rights groups file briefs as the legal fight over gay unions builds"; "Panel Calls for Moratorium on Executions; An Assembly committee approves a suspension of up to three years to study if the innocent are convicted; A critic calls idea an insult to victims"; "Unlikely Allies Back Three-Strikes Change"; and "Colin Farrell Sex Video Hits Internet."
Posted at 06:54 AM by Howard Bashman




"Funeral protest ban is pushed; Downstate legislator set to introduce bill": The Chicago Tribune today contains an article that begins, "Angered by a religious group's demonstrations at scores of military funerals, a state lawmaker said he will soon introduce a bill to make such protests illegal in Illinois." The article notes, "The state bills raise sticky constitutional questions that legal experts say could rise into the highest levels of the U.S. judicial system."
Posted at 06:50 AM by Howard Bashman



"Clinical, Cynical: You'll never believe what left-wing law profs consider 'mainstream.'" Heather Mac Donald has this op-ed (free access) today in The Wall Street Journal.
Posted at 06:48 AM by Howard Bashman



"FBI checking prints in death row cases; Mistaken match prompts review of fingerprinting": USA Today contains this article today.
Posted at 06:44 AM by Howard Bashman



"Fairness in the Alito Hearings": This editorial appears today in The New York Times.

And columnist Maureen Dowd has an op-ed entitled "Doing the Alito Shuffle" (TimesSelect subscription required).
Posted at 06:40 AM by Howard Bashman




"Virginity Tests in South Africa and Judicial Bypass in the U.S.: Ritually Scrutinizing the Virtue of Girls." Sherry F. Colb today has this commentary online at FindLaw.
Posted at 06:35 AM by Howard Bashman


Tuesday, January 10, 2006


In Wednesday's edition of The Washington Post: Tomorrow's newspaper will contain a front page article headlined "Alito Says He'd Keep 'Open Mind' on Abortion; Nominee Avoids Detailing Views on Controversial Issues."

Charles Lane will have a news analysis headlined "Alito Replies Don't Rock Status Quo."

In related coverage, "Vanguard Ruling Defended; 'Oversights,' but No Conflict, Alito Says" and "For Democrats, A Most Tender Roast of Alito."

And Dana Milbank will have a "Washington Sketch" column headlined "A Day of Q's and A's -- and a Few Z's."
Posted at 11:05 PM by Howard Bashman




In Wednesday's edition of The New York Times: An article will report that "Alito, at Hearing, Pledges an Open Mind on Abortion."

In related coverage, "Judge Alito Proves a Powerful Match for Senate Questioners."

And an article focusing on the Senators' style of questioning will carry the headline "But Enough About You, Judge; Let's Hear What I Have to Say."
Posted at 10:50 PM by Howard Bashman




Available online from law.com: An article reports that "Senators Question Alito on Abortion, Stare Decisis, Executive Power."

In news from Georgia, "Limited U.S. Supreme Court Ruling Revives Disabled Inmate's Claim; Justices avoid broader federalism question."

And in news from Connecticut, "Associate Says Ex-Firm Misused His Name on Web Site."
Posted at 10:44 PM by Howard Bashman




"Judgement Days for Samuel Alito": This segment (available in both RealPlayer and Windows Media formats) featuring Jan Crawford Greenburg, Law Professor David Barron, and Ed Whelan appeared on today's broadcast of the public radio program "On Point."
Posted at 10:35 PM by Howard Bashman



"Alito Hearings": This segment (RealPlayer required) featuring Gail Chaddock of The Christian Science Monitor appeared on today's broadcast of the public radio program "Here & Now."
Posted at 10:28 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Alito Faces First Full Day of Senate Questioning" (featuring Nina Totenberg); "Analysis of Day Two of Alito Hearings: Part I" (featuring Law Professors Douglas Kmiec and Jeffrey Rosen); "Analysis of Day Two of Alito Hearings: Part II" (same); "Filibuster a Possibility in Alito Nomination"; and "Born in the '50s: Beliefs, Now and Then."

Today's broadcast of "Day to Day" contained segments entitled "Senators Question Alito on Abortion, Executive Power" and "Slate's Jurisprudence: Alito on Stage" (featuring Dahlia Lithwick).

And today's broadcast of "Morning Edition" contained a segment entitled "Alito to Face Questions from Senate Panel" (featuring Nina Totenberg).

Finally, NPR's hour-long audio wrap-up of today's proceedings can be accessed here. And yesterday's hour-long audio wrap-up is available at this link.

RealPlayer is required to launch these audio segments.
Posted at 10:15 PM by Howard Bashman




In Alito-related commentary from CBS News legal analyst Andrew Cohen: This evening he has an essay entitled "All The Pretty Words." And yesterday evening, he had an essay entitled "Same Planet, Different World."
Posted at 09:58 PM by Howard Bashman



"Senators Probe Judge Alito For Clues on Ideology": This segment (transcript with link to audio) featuring Stuart Taylor Jr. and Law Professor Jeffrey Rosen appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 09:54 PM by Howard Bashman



Mouse thanks Alito for increased book sales; Democrats clamor that Alito must pledge to recuse from all future mouse-related cases: Although it's difficult to compete with last night's face-reading press release, today brings a press release titled "Sales of Children's Book on the Supreme Court, 'Marshall, the Courthouse Mouse,' Soar on Start of Alito Hearings." More information about that book is available here.
Posted at 08:54 PM by Howard Bashman



"Revenge of the Nerd": Day two of Dahlia Lithwick's "Confirmation Report" online at Slate is here.
Posted at 08:44 PM by Howard Bashman



"High Court Rules Disabled Prisoner Can Sue State": Linda Greenhouse of The New York Times provides this news update.
Posted at 08:40 PM by Howard Bashman



"Alito treads carefully on hot-button issues": James Kuhnhenn and Stephen Henderson of Knight Ridder Newspapers provide this report.

Jill Zuckman of The Chicago Tribune provides a news update headlined "Court nominee faces tough questions."

Wednesday's edition of The Independent (UK) contains an article headlined "Bush nominee 'believes in an all-powerful presidency.'"

And The Hill on Wednesday will contain articles headlined "Executive power front and center for Alito" and "Alito confirmation could lead to changes in faith-based policies." In addition, the newspaper will contain an op-ed by U.S. Senator Edward M. Kennedy (D-MA) entitled "A troubling record in serving average Americans" and an op-ed by U.S. Senator John Cornyn (R-TX) entitled "Dishonest strategies seek to dupe Americans."
Posted at 08:30 PM by Howard Bashman




Transcript of today's U.S. Supreme Court confirmation hearing: Via The New York Times, you can access the complete transcript at this link.

And via C-SPAN, you can access online the complete video from today's hearing in two parts: part one and part two (RealPlayer required).
Posted at 08:20 PM by Howard Bashman




"Should DNA results lead to new trials? Supreme Court to decide if new scientific tests can help free a longtime convict, even after he has exhausted all his appeals." Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 07:00 PM by Howard Bashman



"Alito fields questions on abortion, executive power; Nominee sidesteps Internet porn issue on 2nd day of hearings": CNN.com provides this updated report. And The Associated Press reports that "Alito Pleases GOP Senators, Not Democrats."
Posted at 06:58 PM by Howard Bashman



"Abortions for minors would need parent OK under law": The Salt Lake Tribune today contains an article that begins, "Utah's law requiring doctors to notify a girl's parents before she has an abortion has been untouched for more than 30 years - unchallenged by abortion rights advocates and untinkered with by state legislators."
Posted at 06:04 PM by Howard Bashman



The Associated Press is reporting: A news analysis is headlined "Alito Treads a Delicate Path."

In other news, "Angels' Name Change Goes Before Courts."

And an article headlined "Court Revives $4.6B Claim Against PG&E" reports on this decision that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:50 PM by Howard Bashman




"How will Alito and Roberts shape the Court?" That's the topic of this week's "Debate Club" at legalaffairs.org. Law Professors Joshua I. Schwartz and Brian K. Landsberg are the participants in the conversation.
Posted at 05:45 PM by Howard Bashman



"Alito Promises Open Mind on Abortion; Supreme Court nominee fields questions on a host of contentious subjects during second day of hearings": At law.com, T.R. Goldman provides this news update.
Posted at 05:44 PM by Howard Bashman



Glad that's been cleared-up: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a decision in which the court concluded, "We hold that elimination of bodily waste is a 'major life activity' within the meaning of the ADA."
Posted at 05:32 PM by Howard Bashman



"Commentary: The Sam Alito I Know." My essay for law.com appears here.
Posted at 04:55 PM by Howard Bashman



Reuters is reporting: Thomas Ferraro and Joanne Kenen have an article headlined "US court nominee Alito: No president above law."

And in other news, "Top court allows disabled prisoner to sue state."
Posted at 04:15 PM by Howard Bashman




"Most Popular Law Blogs by Law Professors": "TaxProf Blog" takes this list from "Opinio Juris" and dispenses with the pesky practitioners to produce this chart. Up next, a list of the most popular tax law blogs by tax law professors.
Posted at 04:10 PM by Howard Bashman



Blogging the Gitmo enemy combatant military detainee hearings: Avi Cover is there, and his reports on what's occurring can be accessed here. The hearings are scheduled to resume tomorrow.
Posted at 04:05 PM by Howard Bashman



He played no role in voting this jury off the island: The Associated Press reports that "Jury Selection Begins in 'Survivor' Trial."

And today's edition of The Providence (R.I.) Journal contains an article headlined "Jury selection to begin in Hatch trial; Richard Hatch is charged with evading federal taxes on his winnings from TV's Survivor."
Posted at 03:35 PM by Howard Bashman




"Bush appoints Steven Mullins as U.S. attorney": The Rapid City Journal today contains an article that begins, "President Bush stepped in Monday to settle -- at least temporarily -- the tussle between three federal judges and the U.S. Department of Justice over who should serve as U.S. attorney in South Dakota."

And this past Sunday's edition of The Argus Leader of Sioux Falls contained an article headlined "S.D. judges' actions may set national precedent; Scholars disagree on U.S. attorney process."
Posted at 03:30 PM by Howard Bashman




"Blogging, Legal Scholarship, and Academic Careers": Law Professor Lawrence Solum has this post at his "Legal Theory Blog."
Posted at 03:28 PM by Howard Bashman



A complete transcript of this morning's session of the Senate Judiciary Committee hearing: Available here, via The New York Times.
Posted at 02:48 PM by Howard Bashman



"Alito fields questions on abortion, executive power; Nominee answers senators' queries on second day of hearings": CNN.com provides this updated report. The hearing is now in a recess for lunch until 2:15 p.m. eastern time. A transcript of the earlier part of today's hearings can be accessed here via The Washington Post.
Posted at 01:45 PM by Howard Bashman



"High Court Hears Gas Price-Fixing Case": The Associated Press provides this report.
Posted at 01:40 PM by Howard Bashman



"Alito Defends His Record, Statements": Jesse J. Holland of The Associated Press provides this updated report.
Posted at 12:26 PM by Howard Bashman



"There are blogs even about this hearing": Third Circuit Judge Samuel A. Alito, Jr. refuses to take the blogs-related bait offered in a question from U.S. Senator Chuck Grassley (R-IA).
Posted at 12:25 PM by Howard Bashman



"Court Decides US/Goodman v. Georgia": The "Disability Law" blog offers this post about one of the decisions that the U.S. Supreme Court issued today. The author of that blog argued the case in the Supreme Court on behalf of one of the prevailing parties.
Posted at 12:11 PM by Howard Bashman



"Criminal libel law in hands of court; Appeals judges to rule on constitutionality of Colorado's law": The Rocky Mountain News today contains an article that begins, "A lawyer for a student who mocked a University of Northern Colorado professor in an online satirical journal urged federal appeals judges Monday to declare Colorado's criminal libel law unconstitutional. They argue that the law - one of only 17 in the nation - unfairly inhibits free expression by holding the threat of criminal prosecution over people's heads."

According to the ACLU of Colorado, the online journal in question can be accessed here. And the Brief for Appellants filed in the U.S. Court of Appeals for the Tenth Circuit can be viewed at this link, while an amicus brief filed in support of appellants is here.
Posted at 12:00 PM by Howard Bashman




Someone must be listed first: The New York Times offers "Blogger Reaction to the Alito Hearings."
Posted at 11:52 AM by Howard Bashman



"Same Difference -- The key question for Alito: Why do the nominee's legal conclusions so closely track his political convictions?" Law Professor Cass R. Sunstein has this essay online at The New Republic.

Today at National Review Online, Ramesh Ponnuru has an essay entitled "Executive Disservice: Fabrications about Judge Alito's record." And Kate O'Beirne has an essay entitled "Senator Not-Everywoman: Whatever she tells you during the Alito hearings, Dianne Feinstein is not the embodiment of American women's attitudes."

At Salon.com, Michael Scherer has an essay entitled "Alito, you're no John Roberts: In the first day of his confirmation hearings, Samuel Alito displayed none of the dexterity and charm of Bush's newly minted chief justice -- and may face a rougher ride later this week."

And online at The Nation, Bruce Shapiro has an essay entitled "Alito Almanac: Biography as Destiny." And John Nichols's "The Online Beat" offers a post titled "Senators Sould Press Alito on Bush v. Gore."
Posted at 11:40 AM by Howard Bashman




The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Alito says he has no agenda; High court nominee stresses his humble roots as hearings open" and "Bill to delay executions faces first hurdle today; Assembly committee will consider bid for three-year moratorium."
Posted at 11:33 AM by Howard Bashman



Today's U.S. Supreme Court rulings in argued cases: At "SCOTUSblog," Lyle Denniston has a post titled "Court rules on state immunity, 2 other issues."

And Gina Holland of The Associated Press reports that "Supreme Court Sides With Ga. Inmate."

Today the Court issued opinions in the following cases: (1) United States v. Georgia, No. 04-1203 (Justice Antonin Scalia for a unanimous Court; concurring opinion by Justice John Paul Stevens, in which Justice Ruth Bader Ginsburg joined); (2) Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc., No. 04-905 (Justice Ginsburg for the Court; dissenting opinion by Justice Stevens, in which Justice Clarence Thomas joined); and (3) Evans v. Chavis, No. 04-721 (Justice Stephen G. Breyer for the Court; opinion concurring in the judgment by Justice Stevens).
Posted at 10:00 AM by Howard Bashman




"Ruling targets lawyers using deceptive ads; The state Supreme Court says attorneys are not exempt from the Colorado Consumer Protection Act": This article appears today in The Denver Post.

And The Rocky Mountain News today contains an article headlined "A twist for 'Strong Arm': Suit reinstated; Court backs consumer in ad case against Azar firm."

You can access yesterday's ruling of the Supreme Court of Colorado at this link.
Posted at 09:58 AM by Howard Bashman




"Court upholds drug dealer's sentence; 10th Circuit finds that Angelos' 55-year term isn't disproportionate": The Deseret Morning News contains this article today.

And The Denver Post reports today that "Court lets 55-year drug-gun sentence stand."

And Law Professor Doug Berman, at his "Sentencing Law and Policy" blog, has a post titled "Tenth Circuit affirms 55-year mandatory minimum sentence in Angelos." You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:55 AM by Howard Bashman




"Flowers' suit against Clinton figures denied": This article appears today in The San Francisco Chronicle.

Claire Cooper, legal affairs writer for The Sacramento Bee, reports that "Appeals court rebuffs Flowers."

And The Associated Press reports that "Appeals Court Dismisses Flowers' Lawsuit."

Yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed here.
Posted at 09:45 AM by Howard Bashman




"Alito Faces First Confirmation Questions": Jesse J. Holland of The Associated Press provides this report.
Posted at 09:38 AM by Howard Bashman



Day two of the confirmation hearing for U.S. Supreme Court nominee Samuel A. Alito, Jr. is now underway: Click here to watch in RealPlayer via C-SPAN. The committee's live video feed is here (RealPlayer). And National Public Radio is streaming online live audio coverage at this link (RealPlayer).

The Washington Post provides live blogging here. The New York Times provides live blogging here. And "SCOTUSblog" is also live-blogging the hearing.
Posted at 09:33 AM by Howard Bashman




"Alito Tries to Defuse Doubts; Bush's nominee says he's not bound by ideology, but Democrats promise sharp questions for the man who could tip the high court's balance": Maura Reynolds and David G. Savage have this article today in The Los Angeles Times.

Today in The Chicago Tribune, Jan Crawford Greenburg has an article headlined "Alito: 'A judge can't have any agenda'; No one is above or below the law, nominee says in opening remarks." And Jill Zuckman reports that "Democrats under pressure to show aggressive stance; Liberal groups say some went easy on Roberts, White House."

In USA Today, Kathy Kiely and Joan Biskupic report that "Alito vows not to bring agenda to high court; Battle over Bush nominee begins in Senate hearings."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito says he has no agenda; Senate begins questioning of Supreme Court nominee."

The New York Sun reports that "Alito Hearing Could Be Most Partisan in Decades."

The San Francisco Chronicle reports that "Alito hearings focus on executive power in wartime; Both parties have questions -- judge says no one is above the law." And Bob Egelko reports that "Bush not there, but central in hearings; Senators and legal experts look at his increased power during war on terror."

The San Jose Mercury News reports that "Confirmation hearings begin for court nominee; Democrats fear Alito will bring shift to right."

The Orange County Register reports that "Lines drawn on Alito."

The Arizona Republic reports that "Alito hears senators' concerns; O'Connor legacy raised by many."

Newsday reports that "Alito plays up humble roots."

The Denver Post contains an article headlined "Alito: Rule of law is key; The Supreme Court nominee spoke after senators spent four hours outlining their top issues; Questioning will begin today."

The Charlotte Observer reports that "Graham says abortion just 1 issue; Senator warns he may switch course and vote to take away filibuster."

The Baltimore Sun reports that "Supreme Court nominee vows to keep open mind; Bush choice says he would treat rich and poor alike; senators raise issues of abortion, presidential power."

The Boston Globe reports that "Alito tells panel he has no agenda; Several senators strongly critical." And Charlie Savage reports that "Schumer questions nominee's theory on executive role."

The Deseret Morning News contains an article headlined "Alito hearing -- And now, the questions; Proceeding to shift from statements to give and take."

The Houston Chronicle reports that "Alito vows no 'agenda'; As senators test Bush's high court nominee, their questions break along party lines."

The South Florida Sun-Sentinel reports that "Tough questions await, Alito told; South Floridians weigh in on Supreme Court nominee."

The Fort Worth Star-Telegram reports that "In hearing, Cornyn full of praise for nominee."

The Cincinnati Enquirer contains an article headlined "I like your style, DeWine tells nominee."

The Dayton Daily News reports that "DeWine says courts have usurped authority."

The Oklahoman reports that "Coburn uses hearings to send abortion message."

The Des Moines Register reports that "Grassley praises Alito, his record."

The New York Daily News contains an article headlined "Alito bit of GOP love."

The Poughkeepsie Journal reports that "Abortion sides in valley differ over Alito."

The Newark (N.J.) Star-Ledger contains articles headlined "Alito makes case for seat on high court; Jerseyan stresses roots and 'solemn obligation' to rule of law" and "Nominee awaits as hearings begin."

The Washington Times contains articles headlined "Alito vows equal justice for all"; "Democrats dig into Alito's opinions on guns, race"; and "Gloves are off in Alito hearings, metaphorically speaking."

The Washington Post contains an article headlined "Sen. Arlen Specter, Back in Top Form; Judiciary Chairman Kicks Off Alito Hearings."

The Milwaukee Journal Sentinel reports that "Lines drawn at Alito hearing; Abortion, executive power are expected to be the hot issues."

The Virginian-Pilot reports that "Va. senators considered shoo-ins for Alito vote."

The Bergen (N.J.) Record reports that "Alito gets mixed welcome."

The Yale Daily News reports that "Law faculty react to Alito."

The Red and Black reports that "Professors say Alito likely to be confirmed."

The Toronto Globe and Mail reports that "Judge can't have 'agenda,' Alito says at hearings; Democrats say they'll question top-court nominee about abortion, presidential powers."

And The Toronto Star reports that "Battle lines drawn over nominee for U.S. top court; Alito says no one `is above the law'; Faces questions on abortion, powers."
Posted at 07:00 AM by Howard Bashman




Henry Weinstein is reporting: Today in The Los Angeles Times, he has articles headlined "Moratorium on Executions Is Urged; Author of state's death penalty initiative and other prosecutors send a letter to the Assembly backing a bill seeking a two-year suspension" and "Suit Can Proceed Against LAPD; A ruling that said the police could be sued by an inmate using a federal racketeering law is allowed to stand by the U.S. Supreme Court."
Posted at 06:40 AM by Howard Bashman



"Fasting Chaplain Declares Victory; Navy Denies That He Couldn't Pray In Jesus's Name": This article appears today in The Washington Post.
Posted at 06:35 AM by Howard Bashman



"Judges and Justice Dept. Meet Over Eavesdropping Program": The New York Times contains this article today.
Posted at 06:33 AM by Howard Bashman



"Calif. inmate says he's too old, ill to die; Clarence Allen, 75, seeks clemency as execution date nears; health care an issue": This article appears today in USA Today.
Posted at 06:28 AM by Howard Bashman



"Title VII and Small Businesses: The Supreme Court Addresses the Employer-Size Requirement For Federal Employment Discrimination Claims." Joanna Grossman today has this commentary online at FindLaw.
Posted at 06:22 AM by Howard Bashman


Monday, January 09, 2006


"Alito No Swinger, Face Reader Says": A press release that you can access here begins, "Ever notice the huge change to Alito's right ear since he was at Princeton? It's ominous for Democrats, according to face reader Rose Rosetree. While at Princeton, Alito's ear was out-angled--reminiscent of Supreme Court Justice Souter. But faces change over time more than most people realize, depending on inner choices, and Alito's ear is now in-angled, suggesting more conservative and predictable choices, should he be appointed to America's Highest Court."
Posted at 11:18 PM by Howard Bashman



"Detainee Case Hits on Limits of Presidency": Tuesday in The New York Times, Linda Greenhouse will have an article that begins, "When the Supreme Court agreed two months ago to hear an appeal from a Yemeni detainee at Guantanamo Bay, Cuba, named Salim Ahmed Hamdan, it was evident that an important test of the limits of presidential authority to conduct the war on terror was under way. Now that the final briefs have begun to arrive at the court, in advance of a late March argument, the dimensions of that test appear greater than ever."
Posted at 11:10 PM by Howard Bashman



"Alito Says Judges Shouldn't Bring Agenda to Cases": This article will appear Tuesday in The New York Times, along with an article headlined "Cheers Outside and Senators' Lectures Inside." In addition, Adam Liptak will have an article headlined "A Quick Focus on the Powers of a President." A news analysis will carry the headline "Partisan Tenor of Alito Hearing Reflects a Quick Change in Washington." And columnist John Tierney will have an op-ed entitled "Men's Abortion Rights" (TimesSelect subscription required).

Tuesday's edition of The Washington Post will contain a front page article headlined "Alito Stresses 'Rule of Law' in Opening Statement; Senate Questioning Of Supreme Court Pick Begins Today." A news analysis will report that "Despite Advocacy, Nominee Not on Public's Radar Screen." And Dana Milbank's "Washington Sketch" column will carry the headline "Bipartisan Agreement: Roberts Was Just Terrific."

Maura Reynolds and David G. Savage of The Los Angeles Times provide a news update headlined "Battle Lines Are Drawn at Opening of Alito Hearings."

In Tuesday's edition of The Chicago Tribune, Jan Crawford Greenburg will report that "Alito pledges to respect rule of law."

In Tuesday's edition of Financial Times, Patti Waldmeir reports that "Alito on defensive over political stance." The newspaper also contains an editorial entitled "Evaluating Alito."

Tuesday's edition of The Telegraph (UK) reports that "Democrats attack White House 'stooge' Alito."

Newsday on Tuesday will report that "Alito plays up humble roots."

The St. Louis Post-Dispatch will report on Tuesday that "Judge's obligation is to the rule of law, Alito tells senators."

law.com's Tony Mauro reports that "At Confirmation Hearing, Alito Says Judge Should Have No Agenda."

The Daily Princetonian provides a news update headlined "Alito says his obligation is to 'rule of law'; As senators stake out positions, nominee speaks publicly of his Princeton experience."

This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "The Alito Hearings" (transcript with link to audio).

In Tuesday's edition of USA Today, Law Professor Jonathan Turley will have an op-ed entitled "Troubling times, a troubling nominee."

And at Salon.com, Walter Shapiro has an essay entitled "Boring, but not scary: Samuel Alito came across as wimpy, but he didn't reveal any weird Bork-like tendencies; He's well on his way to joining a rightward-leaning high court."
Posted at 11:00 PM by Howard Bashman




"Court Upholds Man's Mandatory Sentence": The Associated Press provides a report that begins, "A federal appeals court on Monday upheld the mandatory 55-year prison sentence given to a man convicted of carrying a handgun during three marijuana deals. The three-judge panel of the 10th U.S. Circuit Court of Appeals said the sentence was constitutional because it reflected Congress' intent to severely punish crimes involving drugs and guns."

Today's ruling of the U.S. Court of Appeals for the Tenth Circuit in United States v. Weldon Angelos can be accessed here.
Posted at 10:40 PM by Howard Bashman




In Tuesday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "Ad war at full blast as Alito hearings begin; Interest groups target specific states and take to the Internet to make their case for or against confirmation" and "Jury duty is for Everyman - and some presidents."
Posted at 09:02 PM by Howard Bashman



"Alito--Day One": Law Professor Douglas W. Kmiec has this post at National Review Online's "Bench Memos."

And also via "Bench Memos," yesterday in The Grand Rapids Press, Conor Dugan had an op-ed entitled "A law clerk's view of Alito."
Posted at 09:00 PM by Howard Bashman




"Most Popular Law Blogs": In an unvarnished (but thus far successful) effort to become more popular, "Opinio Juris" provides this post.

Meanwhile, it has been revealed that I'm not the anonymous editor of "Blawg Review." It's a relief having that confirmed.
Posted at 08:35 PM by Howard Bashman




"Bush's nominee faces tough Senate grilling; Alito expected to gain supreme court place; Democrats attack views on privacy and abortion": This article appears Tuesday in The Guardian (UK).

Jill Zuckman of The Chicago Tribune provides a news update headlined "Senators feel the pressure over Court nominee."

The Milwaukee Journal Sentinel provides a news update headlined "Feingold raises concerns about Alito."

The Fort Worth Star-Telegram provides a news update headlined "Cornyn touts religious expression."

And The Associated Press provides reports headlined "Schumer calls Alito record 'quite extreme'" and "Lautenberg, Whitman give Alito warm introduction to committee."
Posted at 08:28 PM by Howard Bashman




"Alito Goes a Long Way: But He's Still No John Roberts." Dahlia Lithwick has this confirmation report online at Slate.
Posted at 08:10 PM by Howard Bashman



"Judge 'can't have an agenda,' Alito says on 1st day of hearings": Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers provide this report.
Posted at 08:02 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Alito Begins High Court Confirmation Hearings" (featuring Nina Totenberg); "Analysis of Alito's Confirmation Hearings" (featuring Law Professors Douglas Kmiec and Jeffrey Rosen); and "U.S. Wiretaps Program May Prompt Legal Appeals."

And today's broadcast of "Day to Day" contained segments entitled "Alito Confirmation Hearings Get Under Way" and "Politics with Ron Elving: Alito, DeLay."
Posted at 08:00 PM by Howard Bashman




"Supreme Court to Weigh DNA in Capital Case": The Associated Press provides this report.

Relatedly, in this week's issue of The National Law Journal, Law Professors Brandon L. Garrett and Jason M. Solomon have an essay entitled "Death Penalty Cases: Judging innocence."
Posted at 07:44 PM by Howard Bashman




"Analysis: Kaiser on Alito Hearings; First Day of Hearings for Supreme Court Nominee Samuel Alito." You can access here a transcript of an online chat hosted earlier this evening at washingtonpost.com.
Posted at 07:38 PM by Howard Bashman



Blawg Review #39: Available online here at "Adam Smith, Esq."
Posted at 07:30 PM by Howard Bashman



"Analysis: Abortion Shares Alito Spotlight." The Associated Press provides this report.
Posted at 05:00 PM by Howard Bashman



Access online a transcript of today's Senate Judiciary Committee hearing: Via The Washington Post, you can access the transcript online in two parts: part one; part two.

Similarly, via C-SPAN, you can view the hearing online, on-demand in two parts: part one; part two (RealPlayer required).
Posted at 04:40 PM by Howard Bashman




"Alito to Senate: Judges Can't Have Agenda." Jesse J. Holland of The Associated Press provides this updated report.

And from CNN.com, "Alito: Only obligation is 'the rule of law'; Abortion, executive power expected to be key issues at hearings."
Posted at 04:08 PM by Howard Bashman




"We conclude that the district court erred in subjecting Jones Day to the discovery obligations of a party under Rule 34(b) and by transferring blame for the City's errors to its former counsel." A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit today issued this opinion, written by Circuit Judge Terence T. Evans.
Posted at 03:33 PM by Howard Bashman



Third Circuit Judge Samuel A. Alito, Jr. is now beginning his opening statement to the Senate Judiciary Committee: Via C-SPAN, you can view the statement live, online by clicking here (RealPlayer required).

Update: And, at the conclusion of Judge Alito's statement at 3:39 p.m., the hearing has adjourned until tomorrow at 9:30 a.m.
Posted at 03:28 PM by Howard Bashman




"Alito and the Ted Kennedy 'Study': The Democratic senator bases his charges on a very wobbly foundation." National Review Online has just posted this essay by Byron York.
Posted at 02:30 PM by Howard Bashman



Gina Holland of The Associated Press is reporting: Now available online are articles headlined "Justices Hear Arguments in Police Search" and "Supreme Court Rejects CIA Officer's Appeal."
Posted at 02:20 PM by Howard Bashman



"Kennedy on Alito": This segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:18 PM by Howard Bashman



In news from Albania: Reuters reports that "It's hemp, court tells cops -- again."
Posted at 02:05 PM by Howard Bashman



"Alito's Family by His Side": The Associated Press provides this report.
Posted at 02:02 PM by Howard Bashman



No delay or dismissal for DeLay: The Associated Press provides this report. Today's orders of the Court of Criminal Appeals of Texas, that State's highest court in criminal cases, can be viewed at this link.
Posted at 01:40 PM by Howard Bashman



"Create an e-annoyance, go to jail": At c|net News.com, Declan McCullagh has a report that begins, "Annoying someone via the Internet is now a federal crime." Thanks to "Objective Justice" for the pointer.
Posted at 01:33 PM by Howard Bashman



The Associated Press is reporting from the U.S. Supreme Court: In additional coverage of today's Order List, "Court Lets Univ. of Texas Block Spam" and "High Court Nixes Tobacco Co. Tax Case."
Posted at 12:33 PM by Howard Bashman



"Senate Opens Alito Nomination Hearings": Jesse J. Holland of The Associated Press provides this report.
Posted at 12:30 PM by Howard Bashman



Where to watch and read real-time coverage of the U.S. Supreme Court confirmation hearing for Samuel A. Alito, Jr.: Although the hearing isn't scheduled to begin until noon eastern time, C-SPAN's coverage is underway now. Click here to watch in RealPlayer. The committee's live video feed is here (RealPlayer). And National Public Radio is also expected to stream online live audio coverage (update: here's the link in RealPlayer format).

The Washington Post is promising live blogging here. The New York Times is also promising live blogging, but the link isn't available yet (update: here's the link). And "SCOTUSblog" is also promising to live-blog the hearings.
Posted at 11:30 AM by Howard Bashman




In commentary: The St. Petersburg Times today contains an editorial entitled "The Alito hearings: Judge Samuel Alito's position on Roe vs. Wade should not be the focus of this week's proceedings, but rather his views on executive power."

The Dallas Morning News today contains an editorial entitled "Judge Alito's Turn: Five questions for the Supreme Court nominee."

The Des Moines Register contains an editorial entitled "Probe Alito's views on the Constitution; Make hearings a national discussion of legal principles."

The Mobile Register contains an editorial entitled "Liberals shame selves by tactics vs. Alito."

The Austin American-Statesman contains an editorial entitled "Abortion isn't the only issue."

The Rocky Mountain News contains an editorial entitled "Alito personifies judicial restraint; Barring surprise, he deserves confirmation."

The Denver Post contains an editorial entitled "Alito confirmation hearings."

The Rochester (N.Y.) Democrat and Chronicle contains an editorial entitled "Alito's moment: Keep nasty politics away from Supreme Court hearings."

The Cincinnati Enquirer contains an editorial entitled "Alito merits intense but fair hearings."

The San Antonio Express-News contains an editorial entitled "Barring big shocker, Alito merits approval."

The Palm Beach Post contains an editorial entitled "Awaiting Alito's answers on wiretaps, voting rights."

The Detroit News contains an editorial entitled "Alito shouldn't apologize for being a conservative; Democrats threaten to demonize Bush's court nominee."

And The Arkansas Democrat-Gazette contains an amusing editorial entitled "Full court press: Sam Alito's allies hit the hustings."
Posted at 11:25 AM by Howard Bashman




"Senators to press Alito about executive powers": This front page article appears today in The Sacramento Bee.
Posted at 11:10 AM by Howard Bashman



Available online from Slate: Bruce Reed's "The Has-Been" offers a post titled "Straight Man: Laughter is the best medicine; Too bad Sam Alito studied law."

And Rachael Larimore and Dahlia Lithwick have a jurisprudence essay entitled "Your Witness, Senators: Expert suggestions on cross-examining Sam Alito."
Posted at 11:08 AM by Howard Bashman




Chat online at washingtonpost.com with Jo Becker and Dale Russakoff, the reporters who wrote that newspaper's detailed, two-part profile of Judge Alito: The chat is scheduled to begin now and can be accessed here. The two-part profile, which began in yesterday's newspaper and concludes in today's, is available online at the following links: part one; part two.
Posted at 11:00 AM by Howard Bashman



The op-ed page of The New York Times has more questions for Alito than it had for Roberts: When the Senate Judiciary Committee was beginning its hearing on the nomination of John G. Roberts, Jr. to be Chief Justice of the United States, contributors to the newspaper's op-ed page could only muster a total of twenty-five questions.

Today, by contrast, Third Circuit Judge Samuel A. Alito, Jr. awoke to a NYTimes op-ed page posing a total of "Thirty Questions for Alito." Those thirty questions consist of: "Finality and Fallibility," by Leonard A. Leo; "Your Beliefs, Your Decisions," by Cheryl D. Mills; "Secrets Hidden in the Text," by Kenji Yoshino; "Is America at War?," by John Yoo; "Back to Bush v. Gore," by Scott Turow; and "A Constitution of Contradictions," by Stanley Fish.
Posted at 10:55 AM by Howard Bashman




"The 9/11 Constitution: Can Presidents wage war without Congress?" In the January 16, 2006 issue of The New Republic, Law Professor Cass R. Sunstein has this review (pass-through link) of Law Professor John C. Yoo's new book, "The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11."

Relatedly, The University of Chicago Press -- that book's publisher -- offers a transcript of an interview with Yoo about the book.
Posted at 10:44 AM by Howard Bashman




The U.S. Supreme Court today took no action on the federal government's petition for writ of certiorari in a case declaring unconstitutional the federal Partial-Birth Abortion Ban Act of 2003: Today's Order List is here. Much more background about Gonzales v. Carhart, which remains pending before the Supreme Court on the federal government's request for review, can be accessed via this earlier post.
Posted at 10:34 AM by Howard Bashman



Available online from The Nation: Jeremy Brecher and Brendan Smith have an essay entitled "The Limits of Power: Questions for Alito."

And John Nichols's "The Online Beat" offers a post titled "Samuel Alito v. James Madison."
Posted at 10:24 AM by Howard Bashman




Available today at National Review Online: U.S. Senator John Cornyn (R-TX) has an essay entitled "Alito Preview: What to watch for."

And Matthew J. Franck has an essay entitled "Staring Down the Constitution: Roe and stare decisis."
Posted at 10:20 AM by Howard Bashman




Today's U.S. Supreme Court Order List: Today's Order List can be accessed here.

At "SCOTUSblog," Lyle Denniston has a post titled "Court seeks government views." He reports that the Court did not grant review in any cases today.

In early news coverage, The Associated Press reports that "Supreme Court OKs Funds in Schools Case."

The Court's Order List from last Friday granting review in six cases can be accessed here.
Posted at 10:12 AM by Howard Bashman




"Majority of Americans Favor Alito Nomination; Most Expect Nominee Wouldn't Vote to Strike Down Roe v. Wade": The Washington Post provides a news update that begins, "A majority of Americans favor the confirmation of federal appeals court judge Samuel A. Alito Jr. to the U.S. Supreme Court and an even larger proportion believe Alito would not vote to overturn Roe v. Wade, the 1973 high court ruling that legalized abortion, according to the latest Washington Post-ABC News poll."
Posted at 09:58 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained a segment entitled "Opening Statements Awaited at Alito Hearings" featuring Nina Totenberg.

Cokie Roberts had commentary entitled "Tough Fights Loom over DeLay, Alito."

And the broadcast also contained a segment entitled "Virginia to Test DNA of Man Executed for Murder."

RealPlayer is required to launch these audio segments.
Posted at 09:55 AM by Howard Bashman




Not a basis for a filibuster: "TaxProf Blog" provides a post titled "The Complete Tax Opinions of Judge Alito."
Posted at 09:48 AM by Howard Bashman



Basis for a filibuster? The AP reports that "Alito Is a Springsteen Fan."
Posted at 09:44 AM by Howard Bashman



"President Discusses Confirmation Hearing of Judge Alito with Press": The White House has posted online this transcript. And Jesse J. Holland of The Associated Press reports that "Alito Gets Boost From Bush Before Hearing."
Posted at 09:42 AM by Howard Bashman



"The Case of Alito v. O'Connor: Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 09:38 AM by Howard Bashman



In the January 9, 2006 issue of The National Law Journal: Marcia Coyle reports that "Alito to face broad range of issues; Executive power, spying may be key."

An editorial is entitled "Alito hearings."

And Law Professor Jonathan Turley has an op-ed entitled "Solomon Amendment: Issue of hypocrisy."
Posted at 08:54 AM by Howard Bashman




"Alito Called Harder Sell in Substance and Style; Both sides say his long career on the bench and a changed climate in Washington promise a tougher road than the one Roberts walked": Maura Reynolds has this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "Judging Judge Alito."

Today in The New York Sun, Josh Gerstein reports that "Filibuster Is Eyed as Curtain Rises on Alito Hearing."

Tom Curry, national affairs writer for MSNBC, has a report headlined "Five issues foes will try to use to torpedo Alito; Opponents crystallize case against Bush nominee: shoot a fleeing suspect."

CNN.com reports that "Alito's record, character on display at hearings; Nominee a legal heavyweight, but not as polished as Roberts."

Today in The Wall Street Journal, Jeanne Cummings has a front page article headlined "Morning-After Pill Reshapes Debate Over Abortion; Courts, Legislatures Tackle Emergency Contraception; Tough Questions for Alito" (free access).

In The Boston Globe, Charlie Savage and Rick Klein have an article headlined "Democrats vow tough questions on Alito record; Showdown begins today." The newspaper also contains an editorial entitled "Alito's power trip" and an op-ed by Kate Michelman entitled "Alito's fantasy world."

The Philadelphia Inquirer reports that "A fight over courts staged in Phila."

The Philadelphia Daily News reports that "Santorum rips liberal judges" and "Philly to flavor Alito hearings."

The Washington Times reports that "Schumer warns of filibuster of Alito." In addition, the newspaper contains an editorial entitled "The Alito hearings," while U.S. Senator John Cornyn (R-TX) has an op-ed entitled "Borking Judge Alito."

The Newark (N.J.) Star-Ledger reports that "The strong, silent type prevails at hearings; Alito confirmation will begin today." And columnist John Farmer has an op-ed entitled "The case on Alito is far from clear-cut."

The Asbury Park Press reports that "N.J. senators have concerns over Alito; Hearings for nominee start this morning."

The Providence (R.I.) Journal reports that "Undecided on vote, Chafee has questions."

The Pittsburgh Post-Gazette reports that "Conservatives, Santorum rally for court reform." In addition, Michael McGough has articles headlined "Abortion, individual rights on agenda for Alito hearings" and "Alito's grilling begins today; Supreme Court nominee makes his case at confirmation hearings."

The Washington Post contains articles headlined "Christian Right Mobilizes For Judge; Conservative Tilt Sought on Bench" and "Expert Witness: Activist Lawyer Jan LaRue Is Carrying A Banner for Sam Alito in a Battle That's as Personal as It Is Political." In addition, the newspaper, at its web site, offers an item titled "Transcript: 1988 Alito Comments on Bork Nomination."

The State of Columbia, South Carolina reports that "S.C.'s Graham to play central role in hearings."

The New Haven Register reports that "Alito nomination stirs debate at Yale."

The Journal News of Westchester, New York reports that "Democrats to grill Alito on legal record."

In The Harvard Crimson, Daniel J. Hemel reports that "Two Profs To Testify as Senate Vets Alito; After blocking Bork in '87, Tribe will 'probably not' give thumbs up or down to Alito."

The Daily Pennsylvanian reports that "City hosts debate over Alito pick; Prominent conservative activists, politicians spoke at church; opponents held own events."

BBC News reports that "Battle lines drawn over Supreme Court."

The Toronto Star reports that "U.S. top court pick faces grilling; Bush revelations push abortion out of the spotlight."
Posted at 06:55 AM by Howard Bashman




"States' laws clash on teen abortions; Missouri rule forces restrictions in Illinois": This article appears today in The Chicago Tribune.
Posted at 06:50 AM by Howard Bashman



"'Mainstream' Bias: What Sam Alito and Louis Brandeis have in common." OpinionJournal has today posted online this fascinating op-ed by Professor Ken I. Kersch. The piece appeared in print in Saturday's issue of The Wall Street Journal.
Posted at 06:45 AM by Howard Bashman



"Hearings to Prove Alito is 'No Sandra Day O'Connor': "ScrappleFace" provides this report.
Posted at 06:40 AM by Howard Bashman


Sunday, January 08, 2006


A question of grammar -- For an individual U.S. Supreme Court nominee, does the Senate Judiciary Committee hold a "confirmation hearing" (singular) or "confirmation hearings" (plural): Careful readers may have noticed as of late that in my own writings I've been opting for the singular (which appears to mirror the resolution of this grammatical issue reflected at the Judiciary Committee's web site). But, on the eve of the Alito confirmation hearing(s), I'd be happy to hear via email from readers who wish to offer their informed thoughts on the subject.
Posted at 11:30 PM by Howard Bashman



"Critics give Alito 'steep hill to climb'": Joan Biskupic will have this article Monday in USA Today.

Monday in The New York Times, David D. Kirkpatrick, who will be blogging the confirmation hearing for that newspaper, will have an article headlined "Two Legal Careers That Diverged May Intertwine Again."

And Monday's edition of The Washington Post will contain an editorial entitled "Questioning Judge Alito."
Posted at 11:20 PM by Howard Bashman




"Alito's Journey: Groomed for the Bench; Proving His Mettle in the Reagan Justice Dept." Part two of The Washington Post's front page two-part series on U.S. Supreme Court nominee Samuel A. Alito, Jr. will appear in Monday's newspaper and can now be accessed online at this link. The very interesting part one of the series, which appears in today's newspaper, can be accessed here.

The authors of the articles, who interviewed (among others) Judge Alito's wife, sister, and mother, will participate in an online chat at washingtonpost.com tomorrow at 11 a.m.
Posted at 11:08 PM by Howard Bashman




"Issues and (Possible) Answers: A Primer on the Alito Hearings." Adam Liptak will have this article Monday in The New York Times.
Posted at 10:50 PM by Howard Bashman



"O'Connor's era reflects politics of Supreme Court": Today in The Charlotte Observer, Tom Kazee has this review of Joan Biskupic's book, "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice."
Posted at 10:48 PM by Howard Bashman



For those who can't wait to see U.S. Supreme Court confirmation hearings: Yesterday evening's broadcast of C-SPAN's "America & the Courts" (click here to access in RealPlayer) consisted of "a look at how current Supreme Court Justices answered questions on abortion, civil rights, privacy & precedence from Senators on the Judiciary Committee during their confirmation hearings. This program includes Antonin Scalia on Stare Decisis, Clarence Thomas on Roe v. Wade, John Roberts on Privacy, and others."

In addition, C-SPAN provides access via this link to a whole bunch of recently recorded video segments related to the confirmation hearing scheduled to get underway at noon eastern time tomorrow.
Posted at 10:30 PM by Howard Bashman




"Dems to attack Alito's credibility at hearings; Republicans say they will tout high court nominee's credentials, including unanimous top rating from ABA": Monday's edition of Newsday will contain this article.

And The Associated Press reports that "Santorum Rails Against Alito Opposition."
Posted at 10:20 PM by Howard Bashman




"Democrats Ready to Go After Alito; High Court Nominee's Memos Opposing Abortion Likely to Be Focal Points at Hearings": This article will appear Monday in The Washington Post.

The Wall Street Journal's "Washington Wire" on Monday will carry the headline "Prepping Alito for the Hot Seat" (free access).

USA Today on Monday will contain an editorial entitled "Rights at risk."

CBS News legal analyst Andrew Cohen has an essay entitled "The Alito Shuffle."

At Salon.com, Walter Shapiro has an essay entitled "Alito's bad luck: The latest Supreme Court nominee has to face a Senate newly emboldened to challenge the imperial Bush presidency; And his paper trail gives them plenty of ammunition to do it."

And in Monday's edition of The Guardian (UK), Marcel Berlins has an essay entitled "Time for American justice to be judged."
Posted at 10:10 PM by Howard Bashman




"FBI agents' work faulted; Report criticizes Md. office in death of U.S. prosecutor": The Baltimore Sun today contains an article that begins, "A Department of Justice inspector general report obtained by The Sun found 'credible evidence of serious misconduct' by agents from the Federal Bureau of Investigation's Baltimore division who investigated the death of federal prosecutor Jonathan P. Luna two years ago."

And The Associated Press provides an article headlined "Report: FBI agents committed 'serious misconduct' in Luna probe."
Posted at 08:55 PM by Howard Bashman




"The Cool Fervor of Judge Alito: Is he a conservative activist or a legal scholar not bound by ideology? Now's his chance to argue his case." The January 16, 2006 issue of Time magazine will contain this article.

Monday's edition of The Times of London reports that "Court battle will cast a spotlight on Bush legacy."

In Monday's edition of Financial Times, Patti Waldmeir reports that "Alito 'good guy, bad guy' hostilities fail to rouse public."

Bloomberg News reports that "Democrats Won't Rule Out Blocking Alito's Confirmation to Court."

Voice of America News reports that "Senate Hearings on Supreme Court Nominee Begin Monday."

And Monday in The Milwaukee Journal Sentinel, David Newby will have an op-ed entitled "Judge at odds with interests of state workers."
Posted at 07:52 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Preview: The Alito Hearings" and "Bush and the Presidential Signing Statement."
Posted at 07:42 PM by Howard Bashman



"Judging Alito as he would judge": This editorial will appear Monday in The Christian Science Monitor.
Posted at 05:24 PM by Howard Bashman



"Crying out against the justices isn't answer": Today in The St. Petersburg Times, columnist Howard Troxler has an op-ed that begins, "It has become the usual thing, when you lose a big court case these days, to attack the judges."
Posted at 04:02 PM by Howard Bashman



"Key question for Alito: presidential power; Senate confirmation hearings, starting Monday, are expected to delve into presidential powers." Monday's edition of The Christian Science Monitor will contain this article.

The Australian reports that "Court nominee to face Congress."

Jesse J. Holland of The Associated Press reports that "Talk Is Tough on Eve of Alito Hearings." The AP also reports that "Conservatives Split Ahead of Alito Hearing."

Thomas Ferraro of Reuters reports that "Alito seen surviving tough US confirmation hearing."

And The Green Bay Press-Gazette reports that "Feingold, Kohl ready questions for Alito hearing."

In commentary, The Chicago Tribune contains an op-ed by Law Professor Jonathan Turley entitled "Tackling a judge's ideology: Alito appears to be the Bob Newhart of judging, delivering deadpan decisions that make him difficult to lionize or demonize."

And in The Denver Post, Daniel Kemmis has an op-ed entitled "The West and the high court: Region's senators should play a key role in confirmation process."
Posted at 03:54 PM by Howard Bashman




"Blogging: Scholarship or Distraction?" This post appears today at "TaxProf Blog."
Posted at 03:22 PM by Howard Bashman



Available online from The Associated Press: "Alito's Writings, Rulings Provide Insight"; "Schedule for Alito's Hearings"; and "The Current Justices, Their Religions."
Posted at 01:25 PM by Howard Bashman



"Tackling a judge's ideology: The Senate should ignore the unwritten laws of Washington and strongly consider the ideology of a U.S. Supreme Court nominee." Columnist Steve Chapman has this op-ed today in The Chicago Tribune.

Today in The Los Angeles Times, Law Professor Cass R. Sunstein has an op-ed entitled "Our legal guardians." And Edward Lazarus has an op-ed entitled "Alito's moment: Has Bush doomed his own nominee?"

In The Boston Globe, Robert Kuttner has an op-ed entitled "Alito may be the worst choice."

In The Houston Chronicle, columnist Cragg Hines has an op-ed entitled "Will the real Samuel Alito stand up? Not very likely." And Law Professor David R. Dow has an op-ed entitled "The decisive question: Is Alito a prophet? Prophetic skills are a must in person who fills court vacancy."

In Newsday, Lawrence Baum has an op-ed entitled "What will hearings tell about Alito? Little."

David Sanders of the Arkansas News Bureau has an essay entitled "A letter to two senators."

And in The Oregonian, columnist David Reinhard has an op-ed entitled "The Alito Hearings."

Today in The Kansas City Star, Sean Rushton has an op-ed entitled "Alito's character, abilities outshine his foes' distortions." And Amy F. Isaacs has an op-ed entitled "Judge has demonstrated his promises are worthless."

In The Salt Lake Tribune, Bruce Wilson has an op-ed entitled "Arlen Specter's super-duper litmus test."

In The San Francisco Chronicle, John H. Bunzel has an op-ed entitled "Key questions for Alito lost in abortion hubbub."

And yesterday in The Rocky Mountain News, John W. Suthers has an op-ed entitled "Experienced Alito ideal for Supreme Court."
Posted at 12:15 PM by Howard Bashman




"Appeals Court, Reversing Itself, Holds 2 Salvadoran Generals Liable in Torture Case": This article appears today in The New York Times. My earlier coverage is here.
Posted at 12:08 PM by Howard Bashman



"Name That Source: Why are the courts leaning on journalists?" Jeffrey Toobin will have this "Annals of Law" essay in the January 16, 2006 issue of The New Yorker.
Posted at 11:05 AM by Howard Bashman



"Samuel Alito Jr.'s merits": This editorial appears today in The Chicago Tribune.

The San Francisco Chronicle today contains an editorial entitled "10 questions for Samuel Alito."

The Baltimore Sun contains an editorial entitled "Questions for Judge Alito."

The Seattle Post-Intelligencer contains an editorial entitled "Alito Nomination: Time isn't right."

The Philadelphia Inquirer contains an editorial entitled "The Alito Hearings: A need for scrutiny."

The Houston Chronicle contains an editorial entitled "Alito's record: Bush's court nominee, if confirmed, can be relied on to rule much as the judge's admirers expect him to."

The Detroit Free Press contains an editorial entitled "Questions for Justice: Toughest challenging of Alito should be on executive power, protecting liberties."

The Oregonian contains an editorial entitled "A king-size effort for judge to seem like a moderate; Judge Samuel Alito needs to talk his way out of a filibuster."

The Republican of Springfield, Massachusetts contains an editorial entitled "Questions for the judge who would be a justice."

The South Florida Sun-Sentinel contains an editorial entitled "Supreme Court: Legal group calls Supreme Court nominee Samuel Alito 'well qualified.'"

And The Morning Sentinel of Maine contains an editorial entitled "Time for Alito to explain who he is and what he thinks."
Posted at 10:24 AM by Howard Bashman




"In Alito Battle, Issues of Presidential Power Thrust to Forefront": David G. Savage has this article today in The Los Angeles Times.

In the January 16, 2006 issue of Newsweek, Stuart Taylor Jr. and Evan Thomas have a periscope item headlined "Supreme Court: Tune In; A TV Guide To the Alito Hearings."

The Baltimore Sun reports today that "Alito likely to face tough confirmation hearings."

In The Houston Chronicle, Patty Reinert reports that "Alito's future hinges on past; Senate panel is expected to look at history on civil rights, abortion, executive power."

The Newark (N.J.) Star-Ledger contains articles headlined "Lady and gentlemen, start your questioning" and "Alito-O'Connor comparisons defy conventional labels."

In The San Francisco Chronicle, Bob Egelko reports that "Alito must avoid being 'Borked'; The lesson of Reagan's nominee is: Say just as little as you possibly can." The newspaper also contains articles headlined "An ideological rumble; The nomination: Expect confirmation hearings to be partisan slugfests, Senate-style" and "The abortion issue: Public opinion is polarized and bitter long after Roe vs. Wade ruling."

Newsday contains an article headlined "Alito's 'defining moment' of truth; Supreme Court nominee's opening remarks during Senate hearings this week will set the tone."

The Arizona Republic reports that "Alito battle brewing; Tough hearing awaits high court nominee."

The Cleveland Plain Dealer contains an article headlined "Abortion: Where does Ohio stand? Numbers fall in state, but it's still in central role as debate rekindles with Alito hearings."

The Tampa Tribune reports that "Abortion Debated But Rarely Ruled Upon."

The Denver Post reports that "Alito backers, foes seek sway on Salazar's vote; Hearings to begin."

The Birmingham News reports that "Alabama redistricting likely to arise; Alito's stance debated on 'one man, one vote.'"

The Burlington Free Press reports that "Leahy to question Alito on domestic spying."

The Philadelphia Inquirer reports that "Plans for national Christian rally here are criticized."

MarketWatch reports that "Alito begins confirmation battle; Supreme Court nominee's Senate hearings start Monday."

And The Daily Princetonian provides news updates headlined "Stage set for showdown over Alito; If confirmed, Alito would be Princeton's ninth justice and first since 1955" and "CAP critic dropped from Alito witness list; Dujack '76 regrets controversial op-ed, will not testify before Senate committee."
Posted at 09:30 AM by Howard Bashman



Saturday, January 07, 2006


"Alito Revealed": This interesting photo gallery (click on the resulting page to access the gallery, replete with audio) accompanies The Washington Post's lengthy front page profile Sunday of Samuel A. Alito, Jr.
Posted at 11:45 PM by Howard Bashman



"Alito Advocacy Fills Air of Swing States; Groups Vie to Sway Senate Confirmation": This article will appear Sunday in The Washington Post.
Posted at 11:35 PM by Howard Bashman



"It Takes an Intellectual: To misconstrue the Constitution." In the January 16, 2006 issue of The Weekly Standard, John J. DiIulio Jr. will have this review of Justice Stephen G. Breyer's book, "Active Liberty: Interpreting Our Democratic Constitution."
Posted at 11:33 PM by Howard Bashman



"Basic flaws led FBI to bungle Mayfield case, report finds; Oregon lawyer's Muslim faith made fingerprint experts less likely to revisit Madrid findings, internal review says": This article appears today in The Oregonian.

The Los Angeles Times reports today that "Report Says Mistaken Arrest Was Due to FBI's Sloppy Work."

The Seattle Times reports that "FBI 'overconfidence' blamed."

The Chicago Tribune reports that "FBI faulted for error in terror case; 'Overconfidence' in fingerprint examiners tied to wrongful arrest."

The Washington Times reports that "FBI error cited in lawyer's arrest."

The New York Times reports that "Inquiry Says F.B.I. Erred in Implicating Man in Attack."

And yesterday evening's broadcast of NPR's "All Things Considered" contained a segment entitled "FBI Faulted in Madrid Bombing Fingerprint Error."

Some additional details are available via this earlier post.
Posted at 11:15 PM by Howard Bashman




"$54M torture verdict reinstated; An appellate court has reinstated $54.6 million to three alleged victims of torture in El Salvador, after initially revoking the award": The Miami Herald today contains an article that begins, "In a stunning reversal, a federal appeals court in Atlanta has reinstated a West Palm Beach jury verdict awarding $54.6 million to three plaintiffs who accused two former Salvadoran generals of doing nothing to stop subordinates from torturing them. In February, the 11th U.S. Circuit Court of Appeals had revoked the $54.6 million verdict against the two retired Salvadoran generals -- one a Broward resident -- who commanded troops in their Central American homeland during the civil war in the 1980s. But on Wednesday, the court changed its mind."

You can access this past Wednesday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. And that court's earlier ruling reaching the opposite result is available here.
Posted at 11:08 PM by Howard Bashman




"Padilla's Plea in Terror Case Delayed for His New Lawyers; Held since 2002, he was only recently charged. He's expected to plead not guilty next week": This article appears today in The Los Angeles Times.

The Miami Herald reports today that "Padilla to plead not guilty; After being detained as an 'enemy combatant' in military custody for about four years, a lawyer for Jose Padilla said he plans to plead not guilty to terror-conspiracy charges in Miami federal court."

And The South Florida Sun-Sentinel reports today that "Judge postpones arraignment for terror suspect Padilla; Terror suspect's mother joins him in federal court."
Posted at 11:00 PM by Howard Bashman




In tomorrow's issue of The New York Times Magazine: The magazine section will contain an article headlined "The Bush Administration vs. Salim Hamdan."

In addition, Law Professor Noah Feldman will have an article headlined "Our Presidential Era: Who Can Check the President?" Therein, Feldman writes, "The limits of presidential power will almost surely be a major topic of discussion during Samuel A. Alito Jr.'s Supreme Court confirmation hearings, which are scheduled to begin this week."
Posted at 10:40 PM by Howard Bashman




"Alito's Journey: Going Against the Liberal Tide; A Search for Order, an Answer in the Law." This lengthy front page article will appear Sunday in The Washington Post.
Posted at 10:25 PM by Howard Bashman



In news from Wisconsin: The Associated Press reports that "Wis. Governor Vetoes Abortion-Pain Bill."

The Milwaukee Journal Sentinel reports today that "Doyle wields veto on lead paint bill; He says justice would have been out of reach for victims."

And The Wisconsin State Journal reports today that "Governor vetoes bills on liability."
Posted at 09:12 PM by Howard Bashman




"Alito faces Senate confirmation hearings": This article will appear Sunday in Newsday.

And The Jerusalem Post reports that "US Jews weigh in ahead of Alito hearings."
Posted at 09:08 PM by Howard Bashman




"Democrats Criticize Appointment at Immigration Agency": Sunday's edition of The New York Times will contain this article.

And yesterday, "Wonkette" had a related post titled "Children at Recess."
Posted at 09:04 PM by Howard Bashman




"Judging Samuel Alito": This editorial will appear Sunday in The New York Times.

And The Milwaukee Journal Sentinel on Sunday will contain an editorial entitled "Nation demands honest answers."
Posted at 09:00 PM by Howard Bashman




"Sam He Was": Caren Deane Thomas has an op-ed today in The New York Times that begins, "When I recently received an invitation to a reunion of my Yale Law School class, it stirred memories of the astounding group of students I found when I arrived there in 1972. Bill and Hillary Rodham Clinton are the most famous, of course, but my classmates also include someone else who has made news lately: Sam Alito."
Posted at 03:54 PM by Howard Bashman



"Black Students Lose Again": Today in The New York Times, columnist John Tierney has an op-ed (TimesSelect subscription required) that begins, "Democrats once went to court to desegregate schools. But in Florida they've been fighting to kick black students out of integrated schools, and they've succeeded, thanks to the Democratic majority on the State Supreme Court."
Posted at 03:33 PM by Howard Bashman



"Alito's Challenge": In Sunday's edition of The Washington Post, columnist David S. Broder will have this op-ed.
Posted at 03:28 PM by Howard Bashman



"A beacon on the bench": This editorial appears today in The Los Angeles Times.
Posted at 03:24 PM by Howard Bashman



A look at the seven current and former judges of the U.S. Court of Appeals for the Third Circuit scheduled to testify in favor of the confirmation of Circuit Judge Samuel A. Alito, Jr. to the U.S. Supreme Court: According to press reports (appearing today, among other places, in The New York Times, The Washington Post, and The Philadelphia Inquirer), five current and two former Third Circuit judges are scheduled to testify on Judge Alito's behalf during next week's confirmation hearing.

The seven are: Chief Judge Anthony J. Scirica, Circuit Judge Maryanne Trump Barry; Senior Circuit Judges Ruggero J. Aldisert, Leonard I. Garth, and Edward R. Becker, and former judges John J. Gibbons and Timothy K. Lewis.

I know about all of these judges as a result of having handled numerous appeals in front of the Third Circuit over nearly the past sixteen years and having clerked for a judge serving on the Third Circuit for two years before that. Here are my quick insights into these witnesses, beginning with the judges I know most well and ending with the judges I know least well.

Senior Judge Becker joined the Third Circuit in 1981 and served as the court's chief judge from 1998 to 2003, at which point he turned 70 years old and took senior status. Judge Becker is justifiably regarded as one of the Third Circuit's all-time greatest judges. He is a very active questioner at oral arguments, and he is famous for his very lengthy opinions (often sporting their own table of contents) that can rival law review articles for their detailed treatment of legal issues. Judge Becker discussed Judge Alito's nomination at length on last Sunday's broadcast (RealPlayer required) of C-SPAN's "America & the Courts." Judge Becker has a long, very close friendship with Senate Judiciary Committee Chairman Arlen Specter (R-PA), and like Senator Specter, Judge Becker has been undergoing cancer treatment.

Senior Judge Aldisert joined the Third Circuit in 1968 and served as the court's chief judge in the mid-1980s. He too is rightfully regarded as one of the Third Circuit's all-time greatest judges, and Judge Aldisert is also famous as the author of several books, including "Winning on Appeal" and books about the use of logic by judges and lawyers. During the time that Judge Alito has served on the Third Circuit, Judge Aldisert's chambers have been based in California. Judge Aldisert participated in this blog's "20 questions for the appellate judge" feature, and his interview can be accessed at this link.

Chief Judge Scirica is simply one of the nicest and kindest people you could ever hope to meet. Before becoming the Third Circuit's chief judge, he headed the U.S. Courts Standing Committee on Rules of Practice and Procedure, which oversees the development and amendments to all rules of procedure and evidence in the federal judicial system. He is a moderate and respected judge, who was formerly a Republican state legislator and a trial judge on both the state and then federal benches.

Senior Judge Garth, like Judge Alito, has his chambers in Newark, New Jersey, and Alito served as Judge Garth's law clerk after Alito graduated from law school. Judge Garth is an active questioner at oral arguments, and if a lawyer (especially a government lawyer) is not answering those questions to Judge Garth's satisfaction, he can become a brutal interrogator. There are also times when Judge Garth's temper is evident in his dissenting opinions. I doubt it will be at all evident during his testimony at the confirmation hearings, where I'm sure that he will come across as the very nice person he ordinarily is.

Tim Lewis joined the Third Circuit in 1992, before he had reached the age of 40, and resigned from the Third Circuit in 1999, when he was 45 years of age. Although Lewis, like Alito, was nominated to the Third Circuit by the first President Bush, Lewis turned out to be one of the court's more liberal judges. Two reasons are given for why Lewis resigned from the Third Circuit at such a young age. One is that he did not enjoy being an appellate judge as much as he had enjoyed serving as a U.S. District Judge. And the second reason, which I have heard from many reliable sources but have never independently confirmed, is said to be health-related. He now practices law at Schnader Harrison's Washington, DC office. Lewis has always struck me as low-key and well-spoken, and, as his official U.S. Courts biography notes, he is African-American.

John J. Gibbons served as the Third Circuit's chief judge from 1987 to 1990, at which point he resigned to return to the law firm he had helped found long before joining the bench. Since returning to private practice, Gibbons has handled many significant appeals before the Third Circuit. Judge Alito joined the Third Circuit in 1990 after Gibbons had retired, so it is impossible for Gibbons to testify about Judge Alito as a colleague on the bench. It is possible that they know each other well, however, because they are from the same area of northern New Jersey, and their backgrounds are similar in certain respects.

Judge Barry, aside from being Donald Trump's sister, is based out of the same Newark, New Jersey courthouse as Judge Alito. President Clinton nominated Judge Barry to the Third Circuit, where she has served since 1999. Notably, Judge Barry appears to have worked very closely with Judge Alito at the U.S. Attorney's Office in Newark in the late 1970s. Although I know Judge Barry least well of the seven current and former judges scheduled to testify in support of Judge Alito, on the social occasions on which I have spoken with her, I have found her to be plain-spoken and direct, and I imagine her testimony (as a Clinton nominee to the Third Circuit and as someone who worked closely with Judge Alito at the outset of his career as a lawyer) could be very interesting.

Update: A friend who has practiced extensively before the Third Circuit for many more years than I have has emailed with some suggested edits and additions to this post, and I have implemented many of them. The same correspondent cleverly refers to these seven judges as a "Becker's half-dozen."
Posted at 03:15 PM by Howard Bashman




"Hearings a Test for Democrats and Alito": This article will appear Sunday in The New York Times.
Posted at 12:20 PM by Howard Bashman



"Spy suspect's lawyer asks how calls were wiretapped": The Chicago Tribune today contains an article that begins, "Lawyers for a Des Plaines man accused of being an Iraqi spy want to know if his phone calls were recorded under the Bush administration's controversial domestic surveillance program."

And in related news, The Los Angeles Times reports today that "Legal Support for Bush's Spy Actions Is Thin, Report Says; A court probably wouldn't back up his power claims, two authors tell Congress." The Congressional Research Service memorandum issued yesterday bears the title "Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information."
Posted at 10:00 AM by Howard Bashman




"Justices to Say When Police Can Enter Private Home": Linda Greenhouse has this article today in The New York Times.
Posted at 09:05 AM by Howard Bashman



"Hillary Clinton's own private grudge match": Brett M. Kavanaugh's nomination to the U.S. Court of Appeals for the D.C. Circuit is the subject of this editorial published today in The Mobile Register.
Posted at 09:04 AM by Howard Bashman



"Court Rejects Appeal by Martha Stewart": The New York Times contains this article today.

And The New York Daily News reports today that "Martha can't clean slate."
Posted at 09:00 AM by Howard Bashman




"7 Federal Appeals Judges to Testify to Alito's Character": This article appears today in The New York Times.

The Washington Post reports today that "Sitting Judges to Speak on Alito's Behalf; No Conflict of Interest In Role, Specter Asserts."

The Philadelphia Inquirer today contains articles headlined "Court nominee will get backing from the bench; Specter says seven judges will testify for Alito" and "Plans for Christian rally are attacked; Critics say the North Phila. event, involving noted religious conservatives, aims only to tilt the Supreme Court rightward."

The Washington Times reports that "Democrats drop Alito witness."

The Jersey Journal reports that "Alito gets votes of confidence in Hudson."

And The Bergen (N.J.) Record contains an article headlined "Their verdict: Alito perfect for high court."

Meanwhile, in commentary, Bob Ewegen has an op-ed entitled "A case by which to judge Alito" in The Denver Post.

And in The Daily Press of Hampton Roads, Virginia, Benjamin Cuker has an op-ed entitled "Judge Alito and the French connection."
Posted at 08:45 AM by Howard Bashman



Friday, January 06, 2006


"Judge Alito Dissenting": The Washington Post on Saturday will contain an editorial that concludes, "Judge Alito's dissents offer much with which we disagree. But they are the work of a serious and scholarly judge whose arguments deserve respect -- a respect evident among his colleagues even when their positions differ."

And also in tomorrow's newspaper, U.S. Senator Edward M. Kennedy (D-MA) will have an op-ed entitled "Alito's Credibility Problem."
Posted at 11:28 PM by Howard Bashman




"Fla. Voucher System Struck Down; Court's Ruling Could Affect Programs in Other States": This article appears today in The Washington Post.

Today in The New York Sun, Josh Gerstein reports that "Florida Decision Traps Students In Failed Schools."

The Los Angeles Times reports that "School Voucher Program Batted Down in Florida; The statewide system undermines public education, the high court in Tallahassee says."

USA Today reports that "Fla. school vouchers struck down; Court: Program violates state duty to public system."

The Miami Herald reports that "Court orders tuition vouchers halted; The Florida Supreme Court tossed out the state's tuition voucher program that allows public money to go to private schools."

The St. Petersburg Times reports that "Court throws out vouchers; The state high court says voucher schools are not subject to the same regulations that apply to public schools."

The South Florida Sun-Sentinel reports that "Gov. Bush vows to revive school vouchers after Fla. Supreme Court kills program."

The Orlando Sentinel reports that "Florida's top court bars vouchers for F schools."

The Tampa Tribune reports that "Court Rejects School Vouchers."

And The Tallahassee Democrat contains articles headlined "High court stamps out vouchers; Opportunity grants to end" and "Ruling elicits mixed reviews locally."
Posted at 11:24 PM by Howard Bashman




"High Court to Consider DNA Innocence Claim; Death Row Prisoner Wants New Trial": Charles Lane will have this front page article Saturday in The Washington Post.

And in somewhat relatedly, that newspaper tomorrow will also contain an article headlined "Chance for Answer Secured in a Fridge; Scientist Guarded DNA in Va. Case After '92 Execution."
Posted at 11:05 PM by Howard Bashman




Available online from law.com: Tony Mauro provides "A Field Guide to the Alito Confirmation Hearings."

In other news, "$54.6M Award to Salvadoran Torture Victims Reinstated."

An article is headlined "2nd Circuit: Police Actions Against Beetle-Collecting Attorney Warranted."

And in other news, "Federal Judges in Florida Reject Call to End Secret Case Transfers."
Posted at 11:02 PM by Howard Bashman




"Prosecutor, Al-Arian attorneys negotiate; Defense attorneys and supporters say the former USF professor and his co-defendant should not be tried again, but the prosecutor hasn't ruled it out": The St. Petersburg Times contains this article today.

The Orlando Sentinel reports today that "Al-Arian attorneys in discussions to avoid new trial."

And The Tampa Tribune reports that "Muslim Leaders Gather To Speak Out On Al-Arian."
Posted at 10:58 PM by Howard Bashman




"Janklow to get license; Court rules lawyer may practice again": This article appears today in The Argus Leader of Sioux Falls. Wednesday's ruling of the Supreme Court of South Dakota can be accessed here.
Posted at 10:45 PM by Howard Bashman



"Charities lose sex-lawsuit shield; Codey signs bill allowing legal action against pedophiles' employers": The Newark (N.J.) Star-Ledger contains this article today. Earlier, this related post appeared at "lessig blog."
Posted at 09:25 PM by Howard Bashman



"Felony For Refreshing a Web Page?" That's the title of a discussion thread at Slashdot focusing on this article published yesterday in The Canton Repository.
Posted at 09:20 PM by Howard Bashman



"Law student can add 'Legs of a Goddess' to her resume": This article (with photos) appeared yesterday in The Rockford (Ill.) Register Star.

My earlier coverage of this matter (in part featuring Justice Stephen G. Breyer, no less) can be accessed here and here.
Posted at 08:25 PM by Howard Bashman




"Conservative Crackup: The awkward campaign to convince us Sam Alito is funny." Bruce Reed has this post at Slate's "The Has-Been."
Posted at 07:30 PM by Howard Bashman



"Alito to face bipartisan grilling over executive power, civil liberties": James Kuhnhenn and Stephen Henderson of Knight Ridder Newspapers provide this report.

The Associated Press reports that "GOP List Includes Alito's Fellow Jurists."

And Shannon P. Duffy of The Legal Intelligencer reports that "Alito's Opponents Stake Out Positions."
Posted at 07:00 PM by Howard Bashman




"Report Blames FBI for Ore. Lawyer Arrest": The Associated Press has this article concerning a report titled "A Review of the FBI's Handling of the Brandon Mayfield Case," which the Office of the Inspector General of the U.S. Department of Justice issued today.
Posted at 05:50 PM by Howard Bashman



"Jose Padilla, part II": David Oscar Markus today observed Jose Padilla's second court appearance this week, and you can read this report at the "Southern District of Florida Blog."
Posted at 05:25 PM by Howard Bashman



"A church-state evaluation of Supreme Court nominee Samuel Alito": The Baptist Joint Committee for Religious Liberty issued this statement today (via "Blog from the Capital").
Posted at 04:48 PM by Howard Bashman



"What to watch for in the Alito hearing next week": This post appears today at the National Women's Law Center's "Nomination Watch" blog.
Posted at 04:15 PM by Howard Bashman



"Federalism R.I.P.? Did the Roberts Hearings Junk the Rehnquist Court's 'Federalism' Revolution?" The American Constitution Society for Law and Policy has posted online this white paper by Simon Lazarus.
Posted at 04:14 PM by Howard Bashman



"O'Connor, Alito Differ in Style, Views": The AP's Gina Holland provides this report.
Posted at 04:10 PM by Howard Bashman



"Court to hear six new cases": At "SCOTUSblog," Lyle Denniston has this post. Notably, the U.S. Supreme Court today did not announce a grant of review in the case involving the federal Partial-Birth Abortion Ban Act of 2003.

In other coverage, The Associated Press offers reports headlined "Supreme Court Will Hear Police Search Case" and "High Court Weighs Whether Law Covers Fees."
Posted at 04:05 PM by Howard Bashman




"No suspension for dental student; Dean overturns punishment, but offending blogger still will go on probation, do community service": The Milwaukee Journal Sentinel today contains an article that begins, "The dean of Marquette University's School of Dentistry has overturned the suspension of a student who posted negative comments about classmates and professors on a blog, saying the discipline was 'not appropriate' for the circumstance, according to Scott Taylor, the student's lawyer."

Nearly one month ago, The Marquette Tribune published an article headlined "Bloggers: dental case 'chilling' to free speech; Decision may set up 'slippier slope.'"
Posted at 02:40 PM by Howard Bashman




Jury convicts itself of crack cocaine possession: The Courier-Post of Camden, New Jersey reports here today that "Jury deliberations in an attempted murder case were suspended Thursday after a juror found what appeared to be crack cocaine with a street value of about $300 hidden in the bloodied, bullet-riddled jacket of the victim."
Posted at 02:32 PM by Howard Bashman



"Wonkette" on "the new Wonkette": Ana Marie Cox offers this explanation.
Posted at 02:30 PM by Howard Bashman



"Democratic Members Of Senate Judiciary Committee Announce Witness List For Hearings On Supreme Court Nominee Samuel Alito": U.S. Senator Patrick J. Leahy (D-VT) has issued this news release.
Posted at 02:28 PM by Howard Bashman



"The Constitution and the Environment: A Report on the Troubling Record of Judge Samuel A. Alito." Community Rights Counsel has today issued this report.
Posted at 02:04 PM by Howard Bashman



"Appeals Court Upholds Stewart's Conviction": The Associated Press provides this report.

Reuters reports that "US appeals court upholds Martha Stewart conviction."

And CNNMoney.com reports that "Martha Stewart's conviction upheld; Appeals court affirms that the style maven lied to investigators about a well-timed sale of stock."
Posted at 12:50 PM by Howard Bashman




If all goes as planned: My inaugural weekly column for law.com, bearing the date Monday, January 9, 2006, will be posted at the main law.com web site late tonight. The provisional title for the column's first installment is "The Sam Alito I know."
Posted at 12:48 PM by Howard Bashman



BREAKING NEWS -- U.S. Court of Appeals for the Second Circuit affirms Martha Stewart's criminal conviction: You can access the ruling, by a unanimous three-judge panel, at this link.
Posted at 12:08 PM by Howard Bashman



Available today from National Review Online: Peter Kirsanow has an essay entitled "Alito Accuracy: He's exercised respect for the law."

And Rich Lowry has an essay entitled "Alito's Bias: The pro-law geek."
Posted at 11:55 AM by Howard Bashman




"The Case Against Alito": This editorial will appear in the January 23, 2006 issue of The Nation.
Posted at 11:52 AM by Howard Bashman



"Fargo man's suit against UND clinic gets new life": The Grand Forks (N.D.) Herald today contains an article that begins, "A lawsuit against a UND law clinic brought by a Fargo Christian activist trying to remove a 'pagan' statue from atop the Grand Forks County courthouse should not have been dismissed so quickly, an appeals court ruled Thursday."

My earlier coverage of yesterday's quite interesting Eighth Circuit ruling can be accessed here.
Posted at 11:50 AM by Howard Bashman




Available online from National Public Radio: Today's broadcast of "Morning Edition" contained a segment entitled "Maine Senator's Vote Could Be Key in Alito Nomination."

And yesterday evening's broadcast of "All Things Considered" contained a segment entitled "Arkansas Ads Take Up Alito Confirmation Battle."

RealPlayer is required to launch these audio segments.
Posted at 11:45 AM by Howard Bashman




"Padilla swoops into Miami court; Terrorism suspect Jose Padilla arrived in Miami-Dade County under heavy escort and was whisked to federal court for his first appearance on conspiracy charges": The Miami Herald contains this article today.

And The South Florida Sun-Sentinel reports today that "Terror suspect Padilla appears in Miami to face federal conspiracy charges."
Posted at 11:38 AM by Howard Bashman




"What to Expect From Alito Hearings": Jesse J. Holland of The Associated Press provides this report.
Posted at 11:28 AM by Howard Bashman



"At Hearings, Democrats Plan to Call Critics of Alito's Integrity": This article appears today in The New York Times.

The Boston Globe reports today that "Alito foes consider presidential powers the defining issue."

Newsday reports that "Alito hearings to focus on presidential power."

The Washington Times reports that "Alito to be grilled on NSA wiretaps."

The Philadelphia Inquirer reports that "Alito fight comes to Phila.; Backers plan a rally; foes present a petition."

The Philadelphia Daily News reports that "Christian right in N. Philly to boost Alito."

The Wilmington News Journal reports that "Pros, cons on Alito nomination aired in Del. as hearings near."

The Rocky Mountain News reports that "Alito debate intensifies; Backers, opponents of Supreme Court nominee speak out."

The Arkansas Democrat-Gazette contains an article headlined "Pryor: 'Activist' question is only concern with Alito."

The Lincoln (Neb.) Journal Star reports that "Republicans rally for Alito at Capitol."

The North Platte Telegraph reports that "Former clerks stump for Alito."

The Helena Independent Record reports that "Alito associates stump Montana for his confirmation."

And The News & Advance of Lynchburg, Virginia reports that "Falwell to rally for Alito."
Posted at 07:05 AM by Howard Bashman




"Warner Orders DNA Testing In Case of Man Executed in '92": The Washington Post contains this front page article today.

And The Richmond Times-Dispatch reports today that "DNA testing ordered in Coleman case."
Posted at 07:02 AM by Howard Bashman




"Lawmaker's goal: Overturn Roe v. Wade; Bill would make abortion illegal in Indiana." This article appears today in The Indianapolis Star.
Posted at 07:00 AM by Howard Bashman



"Chief Among the Silliness": Yesterday in The Washington Post, columnist George F. Will had an op-ed that begins, "The University of Illinois must soon decide whether, and if so how, to fight an exceedingly silly edict from the NCAA. That organization's primary function is to require college athletics to be no more crassly exploitative and commercial than is absolutely necessary. But now the NCAA is going to police cultural sensitivity, as it understands that. Hence the decision to declare Chief Illiniwek 'hostile and abusive' to Native Americans."
Posted at 06:50 AM by Howard Bashman



"Some Practical Advice to Senators Preparing For Judge Alito's Confirmation Hearings": Vikram David Amar has this commentary online today at FindLaw.
Posted at 06:40 AM by Howard Bashman


Thursday, January 05, 2006


"Florida Supreme Court Blocks School Vouchers": The New York Times on Friday will contain an article that begins, "In a ruling expected to reverberate through battles over school choice in many states, the Florida Supreme Court struck down a voucher program yesterday for students attending failing schools, saying the State Constitution bars Florida from using taxpayer money to finance a private alternative to the public system."
Posted at 11:30 PM by Howard Bashman



"Senators to Demand Full Answers From Alito; Democrats Signal Willingness to Delay Final Vote on Supreme Court Confirmation": This article will appear Friday in The Washington Post.
Posted at 11:28 PM by Howard Bashman



"Even Before Alito Hearings, the Verdicts Are In": You can access Dana Milbank's "Washington Sketch" column, to be published in Friday's issue of The Washington Post, at this link.
Posted at 10:20 PM by Howard Bashman



Sadly, on the first occasion that I have ever linked to a ruling of the Judicial Appeals Tribunal of the Cherokee Nation, the court has misspelled its own name at the outset of the order: Earlier today, I noted here an article published today in The Muskogee (Okla.) Phoenix that begins, "The Cherokee Nation's highest court dismissed a suit filed by nine tribal councilors seeking to invalidate the marriage certificate of a lesbian couple married in May 2004." A longtime reader has found the ruling online, at this link.
Posted at 10:18 PM by Howard Bashman



"Reagan-era work contains clues on Alito's views": Joan Biskupic will have this article Friday in USA Today.
Posted at 10:10 PM by Howard Bashman



"Jose Padilla's First Appearance": David Oscar Markus was there in court and provides this report at his "Southern District of Florida Blog."
Posted at 10:05 PM by Howard Bashman



"Contentious Hearings Expected for US Supreme Court Nominee": Voice of America News provides this report.

Friday's edition of The Wall Street Journal will contain an article headlined "Hearings to Air Issue Of Wartime Powers; Lawmakers Consider Extent Of President's Authority In Fight Against Terrorism" (free access).

FOXNews.com reports that "Alito Faces More Hurdles in Confirmation Hearings."

And The Associated Press reports that "Kennedy sees 'big hill to climb' for Alito."
Posted at 10:00 PM by Howard Bashman




"Why Pho seems wrong: what 'law' was violated?" Law Professor Doug Berman has returned from consulting his unabridged dictionary, and he now has this follow-up post at "Sentencing Law and Policy" about today's First Circuit decision in a crack/powder cocaine sentencing disparity case.
Posted at 08:44 PM by Howard Bashman



"Facing suit, anonymous blogger lifts his mask; A local lawsuit has the potential for breaking new ground in the legal issues associated with blogging": This article appears today in The Minneapolis Star Tribune.
Posted at 08:20 PM by Howard Bashman



"Padilla arrives in Miami to face criminal charges": The Miami Herald provides this news update, which features a photo of the former alleged enemy combatant. And The AP reports that "Padilla Makes First Court Appearance" and provides another photo.

Update: I just learned that the blog "The Talking Dog" today posted online an interesting interview with Andrew Patel, one of Jose Padilla's attorneys.
Posted at 07:50 PM by Howard Bashman




"Dems Weigh Alito Confirmation Vote Delay": That's the headline on Jesse J. Holland's updated report for The Associated Press. The article erroneously states that "The Supreme Court is in recess until Feb. 21." In fact, the Justices will retake the bench this week to hear oral arguments beginning Monday morning.
Posted at 07:45 PM by Howard Bashman



"Alito's record on search and seizure matters comes under scrutiny": Stephen Henderson and Howard Mintz of Knight Ridder Newspapers provide this report.
Posted at 07:30 PM by Howard Bashman



"DNA Testing Ordered on Executed Man": The Washington Post provides a news update that begins, "Virginia Gov. Mark R. Warner (D) has ordered DNA testing that could prove the guilt or innocence of a man executed in 1992, marking the first time a governor has asked for genetic testing of someone already put to death."
Posted at 07:28 PM by Howard Bashman



"How Alito would shift high court on key issues; His confirmation hearings begin in the Senate Monday": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 05:24 PM by Howard Bashman



"Democrats to Delay Alito Confirmation Vote": Jesse J. Holland of The Associated Press provides a report that begins, "Senate Democrats plan to delay the Judiciary Committee's vote on Samuel Alito's nomination to the Supreme Court for at least a week, slowing what could have been a quick confirmation process for President Bush's pick to replace retiring Justice Sandra Day O'Connor."
Posted at 05:00 PM by Howard Bashman



"Planned Parenthood Speaks Out Against Federal Abortion Ban and Samuel Alito; Supreme Court to Decide Whether It Will Hear Abortion Ban Case as Alito Hearings Are Set to Begin": That's the title of a press release that arrived via email not too long ago from Planned Parenthood Federation of America. According to the docket in Gonzales v. Carhart, the U.S. Supreme Court could announce Monday (and perhaps even tomorrow) whether it has agreed to review the Eighth Circuit's decision invalidating the federal Partial-Birth Abortion Ban Act of 2003.

The federal government's cert. petition requesting Supreme Court review can be accessed here. On the issue of whether "partial birth" abortion may be prohibited, Justice Sandra Day O'Connor is the crucial fifth vote on the Court to invalidate such prohibitions. If the Court grants review in the case just before Samuel A. Alito, Jr.'s confirmation hearing is due to get underway at noon on Monday, no doubt the hearing will be even more interesting than it would otherwise be.
Posted at 04:33 PM by Howard Bashman




No relation: Today in The Sacramento Bee, legal affairs writer Claire Cooper reports that "Corrigan joins state's high court; GOP moderate is sworn in after judicial panel unanimously backs her." The newest Justice on the Supreme Court of California is no relation to the former lead singer of The Smashing Pumpkins.
Posted at 04:11 PM by Howard Bashman



"Democrats see spying furor effect on Alito; Kennedy accuses court nominee of backing 'unlimited power' of president": Tom Curry, national affairs writer for MSNBC, provides this news analysis.
Posted at 04:05 PM by Howard Bashman



"What's your take on the rise of the blogging phenomenon?" Apparently the American Bar Association's "Section of Litigation" asked its members that question last month, and the rather amusing answers are here.
Posted at 03:58 PM by Howard Bashman



"Ex-Rep. Janklow to Get Law License Back": The AP provides this report on a ruling that the South Dakota Supreme Court issued today.
Posted at 03:50 PM by Howard Bashman



Name spat not Finnished to Budweiser's satisfaction: The Associated Press reports that "Czech Brewery Claims Win in Trademark Spat." For those who read Finnish, last week's ruling of the Supreme Court of Finland appears to be available online here (syllabus?) and here (complete ruling?).
Posted at 03:44 PM by Howard Bashman



On today's broadcast of the public radio program "Here & Now": The broadcast included segments entitled "Alito Hearings" (featuring Law Professor Jonathan Turley) and "Humor in the Court" (featuring Law Professor Jay Wexler; many more details are available at this link). RealPlayer is required to launch these audio clips.
Posted at 03:33 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Democrats Don't Plan Alito Filibuster" and "Padilla Brought to Face Civilian Charges."
Posted at 03:18 PM by Howard Bashman



"Top US Indian court upholds first gay marriage": Reuters provides this report.

And The Muskogee (Okla.) Phoenix reports that "Top court scraps tribe's attempt to block gay marriage."

If any readers have access to an electronic copy of the opinion, or know where the opinion can be accessed online, please let me know.
Posted at 03:15 PM by Howard Bashman




"May a federal district court, consistent with the teachings of United States v. Booker, 125 S. Ct. 738 (2005), impose a sentence outside the advisory guideline sentencing range based solely on its categorical rejection of the guidelines' disparate treatment of offenses involving crack cocaine, on the one hand, and powdered cocaine, on the other hand?" A unanimous three-judge First Circuit panel today answers "no," in an opinion by Circuit Judge Bruce M. Selya.

At the "Sentencing Law and Policy" blog, Doug Berman offers his thoughts on the ruling, including "In part because I believe this opinion is wrong, and in part because I have to look up some of the words Judge Selya uses in the opinion, lots and lots commentary will follow soon."

Last month, I linked here to an article headlined "Cocaine cases: Finding justice; Rhode Island is at the center of a dispute over how to sentence people convicted of offenses involving crack versus powder cocaine" published in The Providence Journal.
Posted at 02:55 PM by Howard Bashman




First Circuit holds that whistleblower protection provision contained in the Sarbanes-Oxley Act of 2002 is without extraterritorial effect: In an apparent case of first impression at the federal appellate court level, the court ruled today that the statute does not protect foreign citizens working outside of the United States for foreign subsidiaries of covered companies. You can access today's ruling at this link.
Posted at 02:50 PM by Howard Bashman



Goddess of Justice looks favorably upon viewpoint discrimination lawsuit brought by supporter of Ten Commandments display who objected to North Dakota county's display of Themis atop the Grand Forks courthouse: The U.S. Court of Appeals for the Eighth Circuit today issued a decision restoring a rather unusual viewpoint discrimination lawsuit against the University of North Dakota School of Law's Clinical Education Program. My earlier coverage of this dispute can be found here. Some modern-day depictions of Themis can be found in the "Blawg Review Awards 2005."
Posted at 12:25 PM by Howard Bashman



What don't we know, and when don't we know it: At his "Election Law" blog, Rick Hasen has a post titled "Measuring How Little We Know About Judge Alito's Views of Election Law."
Posted at 12:10 PM by Howard Bashman



Supreme Court of Florida declares that State's school voucher program unconstitutional: With thanks to "Abstract Appeal" for the pointer, you can access the court's opinion at this link. An early report from The Associated Press is headlined "Florida Supreme Court declares school vouchers unconstitutional."
Posted at 12:03 PM by Howard Bashman



"Merit-Based Judging: Understanding the judiciary." U.S. Senator John Cornyn (R-TX) has this essay today at National Review Online.
Posted at 10:58 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Business Groups to Endorse Alito Nomination"; "High Court Allows Transfer of Padilla to Civil Custody"; and "Government Asks for Dismissal of Guantanamo Cases" (RealPlayer required).
Posted at 10:54 AM by Howard Bashman



"Questioning Justice: Law and Politics in Judicial Confirmation Hearings." The Pocket Part, an online companion to The Yale Law Journal, offers an article on this subject by Robert Post & Reva Siegel, along with responses from Laurence H. Tribe, Erwin Chemerinsky, Randy E. Barnett, and Steven Lubet.
Posted at 10:48 AM by Howard Bashman



"Alito Likely to Be Grilled More Than Roberts; Meanwhile, Judge's Friends and Foes Campaign Hard as Senate Hearings Near": The Washington Post contains this article today.

The Los Angeles Times reports today that "Both Sides Warming Up for Alito Hearings; The American Bar Assn. gives the Supreme Court nominee its highest rating; Critics accuse the judge of applying legal rules inconsistently."

The New York Times reports that "Minister, a Bush Ally, Gives Church as Site for Alito Rally."

The Washington Times contains articles headlined "ABA rates Alito as 'well-qualified'" and "Alito prized wit, not politics."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Bar group gives Alito highest rating." The newspaper also contains an article headlined "Santorum to join conservative Christian rally for Alito."

The Richmond Times-Dispatch reports that "Former Alito law clerks campaign in Va."

And The Wilmington News Journal reports that "Former Alito clerks to speak in Del."

In commentary, Law Professor Stephen Gillers has an op-ed in USA Today entitled "Senators, don't rubber-stamp: The Supreme Court has changed, but the Senate's advice-and-consent role has not; It should, starting with the Alito hearings."

And in The Chicago Sun-Times, columnist Lynn Sweet has an op-ed entitled "Alito foes hope to play the clock."
Posted at 06:40 AM by Howard Bashman




"Justices Order Padilla Terror Case Moved to Civilian Court": This front page article appears today in The Washington Post.

David G. Savage reports today in The Los Angeles Times that "High Court OKs Moving Padilla to Jail; The ruling is likely to spare the administration a defeat before the justices on whether Bush can imprison Americans as 'enemy combatants.'"

And in USA Today, Joan Biskupic and Kevin Johnson report that "Court allows transfer of Padilla to civilian custody."
Posted at 06:25 AM by Howard Bashman




"State High Court Gets New Justice; Carol A. Corrigan, a moderate Republican and a former prosecutor and appeals judge, is sworn in; She says she is 'in the center' politically": Maura Dolan has this article today in The Los Angeles Times.
Posted at 06:22 AM by Howard Bashman



"How Much Authority Does the President Possess When He Is Acting as 'Commander In Chief'? Evaluating President Bush's Claims Against a Key Supreme Court Executive Power Precedent." Edward Lazarus has this essay today at FindLaw.
Posted at 06:14 AM by Howard Bashman


Wednesday, January 04, 2006


"Judge Alito's View Of the Presidency: Expansive Powers; Court Pick Endorsed Theory Of Far-Reaching Authority; Tenet of Bush White House; A Debate Over Terror Tactics." Jess Bravin will have this front page article (pass-through link) Thursday in The Wall Street Journal.

And The New York Times on Thursday will report that "Liberal Groups to Release Ads Attacking Court Pick."
Posted at 11:20 PM by Howard Bashman




"11th Circuit: Lawyer Did Not Mislead During Evolution Case Argument." law.com provides this report.

And The Atlanta Journal-Constitution on Thursday will report that "Evolution case turns to petitions; School board's attorney doubts documents exist."
Posted at 11:10 PM by Howard Bashman




"Surveillance Court Is Seeking Answers; Judges Were Unaware of Eavesdropping": This article will appear Thursday in The Washington Post.
Posted at 09:57 PM by Howard Bashman



"Justices Let U.S. Transfer Padilla to Civilian Custody": Linda Greenhouse will have this article Thursday in The New York Times.

And David G. Savage of The Los Angeles Times provides a news update headlined "Court Clears Way for Criminal Trial in Padilla Case."
Posted at 09:54 PM by Howard Bashman




Available online from National Public Radio: NPR today posted written reports titled "Alito Faces Close Questioning on Conservative Views" and "Judging Alito: The Gang of 14 Factor."

And this evening's broadcast of "All Things Considered" contained segments entitled "Abortion in the United States: A Snapshot" and "Abortion in the United States: In the Courts" (RealPlayer required).
Posted at 09:00 PM by Howard Bashman




"Alito's Mind Sharp, But Views 'Radical,' Liberal Groups Say": Sean Higgins has this essay today in Investor's Business Daily.
Posted at 08:54 PM by Howard Bashman



"Courtroom commercial: Business cases will mark Supreme Court's direction." This article appears online at MarketWatch.
Posted at 08:50 PM by Howard Bashman



"9th Circuit ruling has broad impact": Thursday's edition of The Pacific Daily News of Guam contains an article that begins, "The man who murdered 11-year-old August Pangelinan 'Hermie' Santos in September 1999 cannot appeal his conviction to the 9th U.S. Circuit Court of Appeals, the court decided yesterday. That's because Congress passed a law several months after the 9th Circuit accepted the killer's appeal, which makes the Supreme Court of Guam the island's highest court and restricts the process to appeal its decisions."

Guam-based readers of "How Appealing" may recall that I wrote about the ruling yesterday in a post you can access here.
Posted at 07:30 PM by Howard Bashman




"Retirement no reason to slow down for Canada's top judges; Former members of the Supreme Court find plenty of demand for their services": This article appears today in The Toronto Globe and Mail.
Posted at 07:25 PM by Howard Bashman



"Civil rights panel sets briefing on Akaka bill": The Honolulu Advertiser today contains an article that begins, "The U.S. Commission on Civil Rights will delve into the Native Hawaiian federal recognition bill at a Washington briefing on Jan. 20. Few details were available yesterday, but the commission's minutes indicate they were seeking experts to brief them on the constitutional, legal and civil rights policy aspects of the bill introduced by Sen. Daniel K. Akaka, D-Hawai'i."
Posted at 07:15 PM by Howard Bashman



"Schwarzenegger says no clemency hearing for Allen": David Kravets of The Associated Press provides this report.
Posted at 07:12 PM by Howard Bashman



"Don't Even Think About Lying: How brain scans are reinventing the science of lie detection." Steve Silberman has this article in the January 2006 issue of Wired magazine. And a related sidebar is headlined "The Cortex Cop."
Posted at 06:55 PM by Howard Bashman



"Keep Our Mouths Shut": At WSJ.com's "Law Blog," Nathan Koppel has a post that begins, "It's not often that a group asks the U.S. Supreme Court to limit its First Amendment rights. But earlier today, a group of former chief justices from fifteen states filed an amicus brief to the U.S. Supreme Court arguing that states should have the right to limit judges' ability to hit up lawyers and members of the public for campaign contributions."

Update: I have posted online a copy of the amicus brief, filed today in the U.S. Supreme Court, at this link.
Posted at 06:05 PM by Howard Bashman




"Alito on Presidential Signing Statements": Stuart Buck has this post today at "The Buck Stops Here."
Posted at 06:04 PM by Howard Bashman



Lyle Denniston is reporting: Today at "SCOTUSblog," he has posts titled "Court approves Padilla transfer"; "Government seeks to end detainee cases"; and "First court action on new detainee dispute."
Posted at 05:50 PM by Howard Bashman



"Re-Sentencing Delayed for Ex-Dynegy Exec": The Associated Press reports here that "A judge who sentenced a former executive at energy company Dynegy Inc. to 24 years in prison only to have the sentence thrown out by an appeals panel said Wednesday he will allow experts to hash out how long the executive should remain behind bars."
Posted at 05:45 PM by Howard Bashman



"Bar Association Gives Alito Top Rating": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."

Via Michelle Malkin, you can access at this link the letter officially conveying the news.
Posted at 05:44 PM by Howard Bashman




"Origins by court order; Science, and not a Pennsylvania school board or a federal judge, should trace our beginnings": Columnist Robert Robb had this op-ed today in The Arizona Republic.
Posted at 05:40 PM by Howard Bashman



Three-judge Eleventh Circuit panel before which the Cobb County, Georgia evolution sticker appeal is pending decides that attorney for plaintiffs did not mislead that court or attempt to do so: I linked to coverage of the appellate oral argument in this case last month in posts that you can access here, here, and here (second item). Today, the panel that heard oral argument in the appeal issued this order to remove any implication that may have been imparted at oral argument that counsel had in fact misled, or had sought to mislead, the court.
Posted at 05:04 PM by Howard Bashman



"Supreme Court Says U.S. Can Move Padilla" Gina Holland of The Associated Press provides a report that begins, "The Supreme Court agreed Wednesday to let the military transfer accused 'enemy combatant' Jose Padilla to Miami to face criminal charges in at least a temporary victory for the Bush administration." I have posted a copy of the U.S. Supreme Court's order (which I have converted into PDF from a Microsoft Word document) at this link.
Posted at 04:28 PM by Howard Bashman



"Prove Christ exists, judge orders priest": This article appeared yesterday in The Times of London.
Posted at 03:38 PM by Howard Bashman



"Supreme Court Jesters": At CBSNews.com, Lloyd Garver has an essay that begins, "The results regarding the individual members of the Supreme Court are in. Antonin Scalia got a 77, and Clarence Thomas got a woeful 0. This was not a ranking about how competent the Washington Nine was. It's a ranking of how funny they are in court." You can access Law Professor Jay D. Wexler's article titled "Laugh Track," from the current issue of The Green Bag, at this link.
Posted at 03:35 PM by Howard Bashman



"Two men get wake-up call after playing prank on judge": The St. Louis Post-Dispatch today contains an article that begins, "If you're going to make late-night prank calls, don't dial a judge at 2:45 in the morning. That's a lesson two area men learned, and it's a lesson that might stick with them as they write court-ordered research papers on practical jokes gone awry." (Via "Obscure Store").
Posted at 03:20 PM by Howard Bashman



"The Bush Administration vs. Salim Hamdan": That's the title of a lengthy article that Jonathan Mahler will have in next Sunday's issue of The New York Times Magazine. If you have TimesSelect, you can access the article online at this link.
Posted at 03:15 PM by Howard Bashman



"Did Jesus exist? Italian court to decide." Reuters provides a report that begins, "Forget the U.S. debate over intelligent design versus evolution. An Italian court is tackling Jesus -- and whether the Roman Catholic Church may be breaking the law by teaching that he existed 2,000 years ago."
Posted at 02:52 PM by Howard Bashman



A letter from a group of appellate advocates, law professors, and former Justice Department attorneys endorses the Alito nomination: Via National Review Online's "Bench Memos," you can access the letter at this link.
Posted at 02:48 PM by Howard Bashman



"Alliance for Justice Releases Comprehensive Report on Alito; Thorough Examination of Record Shows Alito's Conservative Legal Agenda": You can access the press release here and the complete report here.
Posted at 02:30 PM by Howard Bashman



"Re-Sentencing Set for Ex-Dynegy Executive": The Associated Press provides this report. Much more information is available at "Sentencing Law and Policy" in a post titled "Attorneys for Jamie Olis urging a 5-year cap for resentencing."
Posted at 02:28 PM by Howard Bashman



"Mooning Deemed 'Disgusting' but No Crime in Md." This article appears today in The Washington Post.
Posted at 12:45 PM by Howard Bashman



"Alito Gets High Marks From Bar Association" Jesse J. Holland of The Associated Press provides a report that begins, "Supreme Court nominee Samuel Alito received a unanimous well-qualified rating from the American Bar Association on Wednesday, giving his nomination momentum as the Senate prepares for confirmation hearings next week." That is the ABA's highest rating given to judicial nominees.

Update: The rating can be viewed online in this document available from the ABA's web site. According to the document, the rating was unanimously well-qualified with one recusal.
Posted at 11:55 AM by Howard Bashman




Via the blog "Actualidad y Derecho," "tres páginas para leer": A post for those who understand Spanish (or enjoy a Babel Fish Translation).
Posted at 11:54 AM by Howard Bashman



Attention Kmart credit card issuers: Circuit Judge Frank H. Easterbrook, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, has today issued an interesting opinion in the case captioned In re Kmart Corp. (Appeal of Capital One Bank).
Posted at 11:34 AM by Howard Bashman



"People For the American Way Releases 155-Page Pre-Hearing Alito Report": So says an email I just received from that organization. The report's executive summary is here, while the full report (in PDF format) can be accessed by clicking here.
Posted at 11:15 AM by Howard Bashman



Grandparent visitation gone loco: Last Friday, the Supreme Court of Pennsylvania decided one of three cases pending on the merits before that court challenging different aspects of Pennsylvania's grandparent visitation laws. The question presented in the case decided Friday was whether Pennsylvania's grandparent visitation laws confer standing upon putative grandparents who are neither the adoptive nor the biological grandparents of the child in question. By a vote of 6-1, the court answered that question in the affirmative.

Justice J. Michael Eakin, in dissent (although not in poetry), observed that "No state defines 'grandparent' as a person standing in loco parentis to an individual who is a parent. An extensive review of case law from these states reveals, to my knowledge, no reported decision interpreting 'grandparent' to include a person standing in loco parentis to a parent. This apparently leaves the majority as the only court rendering a published decision interpreting 'grandparent' to include a person standing in loco parentis to a parent." And earlier in his dissenting opinion, Justice Eakin wrote: "There is no evidence the genesis and evolution of the in loco parentis concept contemplated or intended granting a person who stands in loco parentis to an individual the corresponding status of 'in loco grandparentis' over the individual's children."

You can access last Friday's ruling online at the following links: majority opinion; concurring opinion; and dissenting opinion.

The constitutional challenge to a different aspect of Pennsylvania's grandparent visitation laws, which I argued before the Pa. Supreme Court in May 2005, remains pending. The merits brief that I filed on my client's behalf can be accessed here.
Posted at 11:12 AM by Howard Bashman




New Dover Area school board evolves to reject "intelligent design": The York Daily Record today contains articles headlined "New school board votes ID out; Community, board and teachers discussed the future of the biology curriculum"; "Revote draws steady turnout"; and "Rehm takes Dover seat by 68 votes; Bryan Rehm, who received 373 votes, could be sworn in as early as Jan. 17."

And in earlier coverage, last Friday the newspaper published an article headlined "Verdict on intelligent design judge: One 'sexy geek.'"
Posted at 10:48 AM by Howard Bashman




"Rhode Island became the 11th state yesterday to allow the use of marijuana to ease the pain of people suffering from serious and chronic illnesses such as AIDS and cancer." This article appears today in The Providence Journal, along with an article headlined "Supporters of medical marijuana bill concede problems; The law doesn't say where the marijuana will come from, but it's understood that it will be obtained illegally from drug dealers, or grown from seeds obtained illegally."
Posted at 10:40 AM by Howard Bashman



"Judge Alito, then and now: Funny how three of his biggest detractors liked him in 1990." Columnist J. Michael Sharman had this op-ed yesterday in The Culpeper (Va.) Star-Exponent.
Posted at 10:35 AM by Howard Bashman



"Bush could bypass new torture ban; Waiver right is reserved": Charlie Savage has this article today in The Boston Globe.
Posted at 10:33 AM by Howard Bashman



"Misrepresenting Sam: Alito precision." Peter N. Kirsanow, a commissioner on the U.S. Commission on Civil Rights, has this essay today at National Review Online.
Posted at 09:25 AM by Howard Bashman



"The Supremacy Mistake": At "Crescat Sententia," Will Baude has a post that begins, "Over at Prawfsblawg, Steve Vladeck expresses shock and outrage at this op-ed by AL S.Ct. Justice Parker. The basics: Parker criticizes the Alabama Supreme Court for following the Supreme Court's decision in Roper v. Simmons (which I criticize here), since he thinks the decision was wrongly decided and therefore unconstitutional." My previous coverage is here.
Posted at 07:25 AM by Howard Bashman



"Dover board rescinds policy, won't challenge judge's ruling": The Harrisburg Patriot-News contains this article today.

And The Philadelphia Inquirer reports today that "Dover drops intelligent design in vote."
Posted at 07:18 AM by Howard Bashman




"Anti-Alito push fails to sway U.S." This article appears today in The Washington Times.

The Arkansas Democrat-Gazette reports today that "Friends, foes of Alito target Arkansas senators."

And The Tampa Tribune reports that "Friend, Associate Stump Newsrooms For Alito's Nomination."

In commentary, The Lincoln Journal Star contains a letter to the editor entitled "Alito is right choice for court" by Nebraska Attorney General Jon Bruning.

In The New York Sun, William F. Buckley Jr. has an op-ed entitled "Questioning Judge Alito."

And in The Indianapolis Star, columnist Dan Carpenter has an op-ed entitled "Supreme irony of movin' up."
Posted at 07:10 AM by Howard Bashman




"Extradition Sought in Man's Death; San Diego prosecutors request the return of a Marine sergeant's wife arrested in Florida on suspicion of poisoning her husband": The Los Angeles Times today contains an article that begins, "Prosecutors are seeking the extradition of a woman in Florida accused of poisoning her husband -- a Marine sergeant -- and then using his life insurance to pay for breast enhancement and a libertine lifestyle."

Last month, the case was the subject of a broadcast of CNN's Nancy Grace show (transcript here).
Posted at 07:05 AM by Howard Bashman




"Judicial hopefuls balk at questionnaire": This article appears today in The Chicago Sun-Times.
Posted at 07:02 AM by Howard Bashman



"On the Subject of Leaks": The New York Times today contains an editorial that concludes, "Illegal spying and torture need to be investigated, not whistle-blowers and newspapers."
Posted at 06:44 AM by Howard Bashman



"Hell Hath No Fury Like a Conservative Jurist Scorned: The Government's Overreaching in the Case of Jose Padilla." FindLaw commentator Michael C. Dorf has this essay today.
Posted at 06:35 AM by Howard Bashman


Tuesday, January 03, 2006


"Wonkette is dead -- long live Wonkette." "The Reliable Source" column in Wednesday's issue of The Washington Post begins, "Ana Marie Cox, the writer who made Washington politics irresistibly naughty, is giving up her job as a full-time, pajama-clad blogger to become a full-time, pajama-clad author. Cox, who just signed a contract for her second book, will hand off the political Web site to David Lat, the lawyer who secretly penned Underneath Their Robes, an irreverent blog about the judiciary world."
Posted at 11:40 PM by Howard Bashman



"Board Rescinds 'Intelligent Design' Policy": The Associated Press provides this report from Dover, Pennsylvania.
Posted at 10:50 PM by Howard Bashman



"U.S. to Seek Dismissal of Guantanamo Suits": Neil A. Lewis will have this article Wednesday in The New York Times.
Posted at 10:48 PM by Howard Bashman



"Poll Shows Americans Are Divided On Support for Alito Confirmation": The Wall Street Journal Online provides a report (free access) that begins, "Americans lack consensus on whether the Senate should confirm Judge Samuel Alito as an associate justice of the Supreme Court, a Harris Interactive poll shows."

And FOXNews.com reports that "Groups Start Final Push Ahead of Alito Hearing."
Posted at 10:40 PM by Howard Bashman




"Bork To The Future": Investor's Business Daily today contains an editorial that begins, "With his confirmation hearing set for Monday, liberals are out to slime Samuel Alito, digging up ancient memos to prove he is out of the mainstream. The memos and his record prove just the opposite."

Tomorrow in The Seattle Post-Intelligencer, Helen Thomas will have an op-ed entitled "Court doesn't need Scalia clone."

And today's broadcast of the Rush Limbaugh show contained a segment entitled "Left Will Attack Alito, But So What?"
Posted at 10:10 PM by Howard Bashman




"Justice to Try to Toss Gitmo Challenges": The Associated Press provides this report.
Posted at 08:30 PM by Howard Bashman



"Surprisingly Controversial Ninth Circuit Employment Case": At the "Disability Law" blog, Law Professor Samuel R. Bagenstos offers his take on the Ninth Circuit's affirmance of a judgment under the Americans with Disabilities Act in favor of a telephone service technician who did not disclose on his employment application that he had been found not guilty of attempted murder by reason of insanity.
Posted at 07:35 PM by Howard Bashman



"Roberts' Annual Report Focuses on Threats to Judicial Independence": law.com's Tony Mauro provides this report.
Posted at 07:28 PM by Howard Bashman



"Happy Birthday, Drug Court": North Dakota Supreme Court News provides a report that begins, "The state's first adult drug court will be five years old this week,­ and there's going to be a party." Not the kind of party at which illegal drugs are welcome, however.
Posted at 07:22 PM by Howard Bashman



"Government renews Padilla plea": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Justice Department on Tuesday renewed its plea to the Supreme Court to order the prompt release of terrorism suspect Jose Padilla from military custody, and once more argued that his appeal to the Supreme Court is a dead issue, legally." You can access the Solicitor General's "Reply Brief in Support of the Government's Application Respecting the Custody and Transfer of Jose Padilla," filed today in the U.S. Supreme Court, at this link.
Posted at 05:54 PM by Howard Bashman



"Gay Activists Sue to Protect Gay Marriage": The Associated Press provides this report from Boston.
Posted at 05:44 PM by Howard Bashman



"Battle over property rights goes on, despite ruling; A mediator will decide if homes in New London, Conn., will be razed to make way for private development": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 05:30 PM by Howard Bashman



So that isn't how cases are currently being decided? Justice Sandra Day O'Connor served as grand marshal of the 117th Rose Parade, held yesterday in soggy Pasadena. The Los Angeles Times today contains an article reporting that Justice O'Connor "told parade officials she was looking forward to doing the ritual coin toss to start the Rose Bowl game, joking that she would sometimes like to use the same technique on the bench."
Posted at 05:14 PM by Howard Bashman



"Alabama Justices Surrender to Judicial Activism": ADF Alliance Alert has posted online this must-read op-ed by Justice Tom Parker of the Supreme Court of Alabama. The op-ed apparently appeared on Sunday in The Birmingham News, although there's no sign of it at the newspaper's web site.

Update: At "PrawfsBlawg," Steve Vladeck responds to the op-ed with a post titled "Apparently, the Supremacy Clause Doesn't Apply in Alabama." And at "Sentencing Law and Policy," Doug Berman has a related post titled "Should state supreme courts refuse to follow Gideon, Miranda, Blakely?"
Posted at 04:30 PM by Howard Bashman




"Rhode Island Legalizes Medical Marijuana": The Associated Press provides this report. As a result, users will only be violating federal law, and of course federal prisons are much nicer than Rhode Island state prisons.
Posted at 04:14 PM by Howard Bashman



"Senate Judiciary Committee Profiles": The Associated Press provides this guide to the questioners and speechifiers.
Posted at 03:15 PM by Howard Bashman



"Slate's Jurisprudence: Judge Alito's Paper Trail." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:05 PM by Howard Bashman



Law Professor Joseph T. Thai will have a profile of Justice John Paul Stevens in the Encyclopedia of American Civil Liberties (2006): And the profile is available for download at SSRN via this link.
Posted at 03:04 PM by Howard Bashman



"Plaintiffs in this case do not contest that they are contractually bound to arbitrate the merits of their dispute, but seek to litigate whether one arbitrator, rather than three, should preside over the arbitration." To which a unanimous Fourth Circuit panel responded, in an opinion issued today, "Don't let the courthouse door hit you on the way out."
Posted at 03:00 PM by Howard Bashman



"Alito Described As Smart, Serious, Cautious": The Associated Press provides this report.
Posted at 02:40 PM by Howard Bashman



New York State appellate court to have a cow, man! The Buffalo News reported yesterday that "Couple appealing 'farm animal' ruling." And The Associated Press reports that "Holy cows remain subject of legal fight." Of course, the case has a web site devoted to it. And in earlier coverage from The AP, "N.Y. village has beef with Hare Krishna's cows."
Posted at 02:30 PM by Howard Bashman



"Judge Alito's values threaten Maine's way of life": Anna Marie Klein had this op-ed yesterday in The Bangor Daily News.
Posted at 02:15 PM by Howard Bashman



Ninth Circuit rules on congressional jurisdiction stripping: Stymied by efforts to divide the U.S. Court of Appeals for the Ninth Circuit, Congress nevertheless succeeded in late 2004 in the much less controversial objective of depriving the Ninth Circuit of jurisdiction "to review by writ of certiorari all final decisions of the highest court of Guam from which a decision could be had."

Today, the Ninth Circuit has decided, in an opinion you can access here, that the legislation deprives the Ninth Circuit of the ability to decide the merits of all such cases from Guam that were in the Ninth Circuit's pipeline as of the date on which the bill became law. As noted here at "SCOTUSblog," the question of jurisdiction stripping and its effect on pending cases has gained added significance in recent days in connection with various aspects of the Guantanamo detainee litigation.

Before residents of the northwestern United States move en masse to Guam in the hope of being free of the Ninth Circuit, they should keep in mind that the Ninth Circuit continues to have appellate jurisdiction over the federal District Court of Guam. It's just the cases coming from the Guam state courts, via the Supreme Court of Guam, that aren't subject to discretionary review by the Ninth Circuit any longer.
Posted at 12:45 PM by Howard Bashman




"Samuel Williston -- Brief life of a resilient legal scholar: 1861-1963." Law Professor Mark L. Movsesian has this article (also available here in PDF) in the January-February 2006 issue of Harvard Magazine.
Posted at 11:55 AM by Howard Bashman



"Who's a parent? Ocoee woman sues over 2 girls." Last Friday's issue of The Orlando Sentinel contained this article.
Posted at 11:40 AM by Howard Bashman



"Profound issues in Seattle lawsuit; State high court set to rule on gay rights": This article appears today in The San Francisco Chronicle.
Posted at 11:28 AM by Howard Bashman



"Environmental Enemy #1: Greens vs. Alito." Jonathan H. Adler has this essay today at National Review Online.
Posted at 09:52 AM by Howard Bashman



"Progress for America Voter Fund (PFA-VF) today announced a 9-day, $500,000 advertising buy in support of the confirmation of Judge Samuel Alito to the U.S. Supreme Court." The full press release is here, while you can view the ad via this link (or directly here using Windows Media Player).
Posted at 09:50 AM by Howard Bashman



"Abortion Case Will Be Key at Alito Hearing": The Associated Press provides this report.

And today in The Boston Globe, Washington bureau chief Peter S. Canellos's National Perspective column is entitled "The central question on Alito: Is he activist?"
Posted at 07:00 AM by Howard Bashman




"Article III Groupie Expected to Become Wonkette": This post appears at the brand new "Law Blog" at WSJ.com. Meanwhile, in news from India (where A3G initially appears to be going), "Nameless bloggers are out in the cold."

Update: For those who keep track of such things, it appears that The New York Observer's "The Media Mob" blog was the first to break the news.
Posted at 06:50 AM by Howard Bashman




"Eminent domain now big business; Lawmakers, owners confront land grabs": The Chicago Tribune contains this article today.
Posted at 06:40 AM by Howard Bashman


Monday, January 02, 2006


"Rival factions begin 'serious push' on Alito": This article will appear Tuesday in USA Today, along with an item headlined "Prime targets in the Alito confirmation fight."
Posted at 11:05 PM by Howard Bashman



"Samuel Alito, in Context": Law Professor Charles Fried will have this op-ed Tuesday in The New York Times.

And Adam Cohen will have an Editorial Observer essay entitled "Question for Judge Alito: What About One Person One Vote?"
Posted at 11:00 PM by Howard Bashman




"Advocacy Groups Prepare New Ad Campaigns on Alito": This article will appear Tuesday in The New York Times.
Posted at 10:00 PM by Howard Bashman



"Move to scuttle Hamdan, Al Odah cases?" At "SCOTUSblog," Lyle Denniston has this post.
Posted at 07:00 PM by Howard Bashman



"Listening to Past Hearings for Alito Confirmation Clues": This segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:44 PM by Howard Bashman



"Preview of Alito Confirmation Hearings": This segment (RealPlayer required) featuring Stuart Taylor Jr. and Law Professor Neil Siegel appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:15 PM by Howard Bashman



"Article III Groupie: The Bitch Is Back!" This new post appears today at "Underneath Their Robes."

Update: And now you can play "Where in the World Is Article III Groupie?"
Posted at 03:35 PM by Howard Bashman




From this past Saturday's broadcast of C-SPAN's "America and the Courts": According to C-SPAN's summary of the broadcast, "We spoke with three of Judge Alito's former clerks and Third Circuit Court of Appeals Senior Judge Edward Becker who is also close friends with Judiciary Committee Chair Senator Arlen Specter (R-PA)." You can view the program by clicking here (RealPlayer required).
Posted at 02:20 PM by Howard Bashman



"Starbucks wins name spat": Yesterday's edition of Shanghai Daily contained an article that begins, "The Shanghai No. 2 Intermediate People's Court yesterday ordered Shanghai Xingbake Cafe Co Ltd and its Nanjing Road branch to drop the word 'Xingbake' from its name. The court ruled Xingbake has conducted illegal competition. It was also ordered to pay 500,000 yuan (US$61,728) to Starbucks Corporation, which uses Xingbake as its Chinese name, and run a public apology in the Xinmin Evening News. In Chinese, 'Xing' means star and 'bake' sounds a little like bucks."

In other coverage, China Daily reports that "Judge rules for Starbucks in copyright violation case."

BBC News reports that "Starbucks wins Chinese logo case."

Agence France-Presse offers an article headlined "Copyright win for Starbucks."

The Associated Press provides an article headlined "Report: China Court Sides With Starbucks."

And Reuters reports that "China court rules for Starbucks in copyright case."
Posted at 12:20 PM by Howard Bashman




"Blawg Review #38": Available here, at "Evan Schaeffer's Legal Underground."
Posted at 08:15 AM by Howard Bashman



"Alito Supporters Portray Nominee as Less Polished": This article appears today in The New York Times.

The Newark (N.J.) Star-Ledger today reports that "Judge's coffee is really hot; Sales of Alito's signature blend are steaming at Newark shop." The newspaper also reports on "What's in it."

The Palm Beach Post contains an editorial entitled "Alito and Big Brother."

The Fort Worth Star-Telegram contains an editorial entitled "Uncertainties abound."

And in The Topeka Capital-Journal, Gregory L. Schneider has an op-ed entitled "Plenty of pertinent facts on which to judge Alito."
Posted at 08:10 AM by Howard Bashman




The Chicago Tribune is reporting: Today's newspaper contains articles headlined "Enron case big test of the 'idiot defense'; Ex-chief vows to say he was blind to crimes" and "Faith-based organizations face suits; Groups using federal funds are accused of proselytizing."
Posted at 08:02 AM by Howard Bashman



"Justices Get Case Where Death Row, DNA Collide": David G. Savage has this article today in The Los Angeles Times.

And today in The Washington Post, Charles Lane's Full Court Press column is headlined "Changing Attitudes About the Death Penalty."
Posted at 07:58 AM by Howard Bashman




"The 4th Circuit v. Mr. Bush": This editorial appears today in The Washington Post.
Posted at 07:54 AM by Howard Bashman


Sunday, January 01, 2006


She missed the top grade of "super-duper" by only that much: In yesterday's edition of The Sacramento Bee, legal affairs writer Claire Cooper had an article headlined "Court pick is given high rating; Some critics object to the State Bar finding" that begins, "The State Bar has given its next-to-highest rating of 'well-qualified' to California Supreme Court nominee Carol Corrigan, telling the commission that will vote whether to confirm her Wednesday that she's 'brilliant,' 'compassionate' and 'well-balanced.'"
Posted at 11:00 PM by Howard Bashman



"Alito Once Made Case For Presidential Power": This article will appear Monday in The Washington Post.
Posted at 10:44 PM by Howard Bashman



"Judge Upholds Prayer Limits in Ind. State House; Some in Both Parties Vow to Fight Ruling": The Washington Post contains this article today.
Posted at 09:48 PM by Howard Bashman



"Answering Back to the News Media, Using the Internet": This article will appear Monday in The New York Times.
Posted at 08:44 PM by Howard Bashman



"Our Legal and Political Culture": At "Balkinization," Yale Law Professor Jack Balkin has a post in which he writes, "we have all known for many years that lawyers are rhetorical whores; their job is to confuse, obfuscate, and make unjust and illegal things seem perfectly just and legal, or, if they cannot quite manage that feat, to muddy up our convictions sufficiently that we conclude that it's a close case. There is nothing new about this; lawyers have been implicated in the worst injustices in human history, arguing heatedly for them all the way."

And a bit later, he adds, "Given that lawyers are whores--and I apologize in advance for the offense I may have given to prostitutes by comparing them to lawyers--the question becomes, what restrains lawyers from being the most shameless tools of interest, or power, or both?"
Posted at 07:15 PM by Howard Bashman




"Experts: Roberts, Alito Side With Business." The Associated Press provides this report.
Posted at 07:10 PM by Howard Bashman



"Throws Right, Bats Right, OK? Judge Samuel Alito is definitely a conservative, but what does that mean he'd do on the Supreme Court?" This article will appear in the January 9, 2006 issue of U.S. News & World Report.

The Trenton Times today contains a lengthy article headlined "Championing conservative court."

And Reuters reports that "High Court nominee Alito defies typecast."
Posted at 12:38 PM by Howard Bashman




"Cases will hint at direction of Roberts court": Patty Reinert has this article today in The Houston Chronicle.
Posted at 12:35 PM by Howard Bashman



"Top judge worried about court violence, pay gap": Reuters provides an article that begins, "In his first year-end report on the federal judiciary, U.S. Chief Justice John Roberts on Sunday called for better court security to prevent violence and higher salaries to keep a diverse mix of judges on the bench." Chief Justice John G. Roberts, Jr.'s first year-end report can be accessed here.
Posted at 12:34 PM by Howard Bashman



"Death Wish: It's been almost 60 years since our last execution; We went to Texas to see what we could learn from a land that embraces capital punishment." Karen Olsson has this article today in The Boston Globe Magazine.
Posted at 12:30 PM by Howard Bashman



"Making the Calls: Neutrality counts for both umps and Supreme Court justices-but it doesn't hurt that they know their decisions are final." Steven Lubet has this essay in the January 2006 issue of The American Lawyer.
Posted at 12:17 PM by Howard Bashman



"Justice Scalia: The Stand-up Comedian of One First Street?" This brand new post appears today at "Underneath Their Robes."

"Article III Groupie" notes, among other things, that Law Professor Jay D. Wexler's article in the current issue of The Green Bag, "Laugh Track," is now available online at this link. Adam Liptak (who in November 2005 had an article about A3G) wrote about Wexler's Green Bag piece in an article headlined "So, Guy Walks Up to the Bar, and Scalia Says..." published yesterday in The New York Times.
Posted at 12:10 PM by Howard Bashman




"Overreaching on 'enemy combatants'": Law Professor Carl W. Tobias has this op-ed today in The Baltimore Sun.
Posted at 12:05 PM by Howard Bashman



Yesterday: I wished you a Happy New Year! And I also celebrated the return of "Underneath Their Robes," which is no longer a password-protected blog. Now, on with the future.
Posted at 08:50 AM by Howard Bashman



"The Dover Intelligent Design Decision, Part III: Compatibility." University of Chicago Law Professor Albert Alschuler has this new post at that law school's "Faculty Blog." I previously linked here to the first two posts in his "intelligent design" series.
Posted at 08:45 AM by Howard Bashman



The new year brings a new address for Jeremy Blachman's weblog: Update your bookmarks to reflect the address for "Jeremy Blachman's Brand New Weblog." The inaugural post explains the role that "How Appealing" played in the creation of the blog "Anonymous Lawyer," which is soon to be a major motion picture.
Posted at 08:40 AM by Howard Bashman



"Roberts Writes of Threats to Independence of Federal Courts": Charles Lane has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage has an article headlined "Raise U.S. Judges' Pay, Cut Rent, Roberts Urges."

The Associated Press reports that "Roberts Wants Raises for Federal Judges."

And at "SCOTUSblog," Lyle Denniston has a post titled "Roberts: courts pay too much rent."
Posted at 08:30 AM by Howard Bashman




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