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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." "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?." 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." "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." 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." "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.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. "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. "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. 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. "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. 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. 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. "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. "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." "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." "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." "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." "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." "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." "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?" "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." "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." "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." 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. "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!" 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." 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). "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." "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." "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. 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." "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." "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." "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." "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." "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." 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." 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. "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. "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." "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." "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." "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." "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." "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." 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." 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. "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." "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). "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.'" "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." 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." "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." 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. "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). "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." "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." "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." "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." "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. 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). "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." "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." 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." "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. 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." 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." "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." 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?" "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." "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." "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." "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." "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. "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. 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." "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." 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. "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." "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. " "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." "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." "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." "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." "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. "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. "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." "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." "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." "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." "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." "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. "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." 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). 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. 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. "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. 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." "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." 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). "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." "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." "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." "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." "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. 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." 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." 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. "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." 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." "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. 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." "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." "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. "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." "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." "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." "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." 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." "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." "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." 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. "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. "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?" "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." 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." 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." 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). 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." "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." "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." "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." "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." "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. "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." "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." "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." "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). "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." "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." "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." "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." "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." 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." "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." "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." 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." "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." "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. 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." "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. "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." "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. 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. "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." 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. "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.'" 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." "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." 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." "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." "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." "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. 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." "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'...."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. 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." "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. "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. "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." "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. 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. "'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." "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." "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." "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." "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." 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." "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." 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." "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." 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." "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." "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." 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. "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." "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). "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 likel |
