How Appealing

Saturday, April 30, 2005


"Supreme Court nullifies sexual conduct law": The Kansas City Star today contains an article that begins, "It soon will be legal for flashers to expose themselves to children in Missouri, unless the state Supreme Court changes a ruling it issued this week."

In earlier coverage, The St. Louis Post-Dispatch reported that "Court decision could free sexual offenders" and "Beine sex case has officials searching for answer."

I previously noted this matter in a post you can access here.
Posted at 11:59 PM by Howard Bashman




"Voice of the Florida Supreme Court to retire; Barnes instituted standards at court": This article appears today in The Tallahassee Democrat.
Posted at 11:58 PM by Howard Bashman



"Colo. Court Considers Juror Questions": The Associated Press reports here that "The relatively new practice of allowing jurors to submit questions for witnesses during criminal and civil trials, upheld elsewhere in the country in federal courts, is facing a new legal test before Colorado's highest court."
Posted at 11:57 PM by Howard Bashman



"Laramie men face charges": The Laramie (Wyo.) Boomerang today contains an article that begins, "Two Laramie men are facing obscenity charges for allegedly building a snow sculpture of a phallus in their front yard."
Posted at 11:56 PM by Howard Bashman



In Sunday's edition of The New York Times: In the Week in Review section, Law Professor Jeffrey Rosen will have an article headlined "The Brawl That May Erupt Over the High Court," while Sheryl Gay Stolberg will have an article headlined "Dr. Frist's Twist."

And columnist David Brooks will have an op-ed entitled "Let's Make a Deal" that begins, "Bill Frist should have taken the deal." In the op-ed, Brooks reports that "I've been reliably informed that Reid also vowed to prevent a filibuster on the next Supreme Court nominee."
Posted at 11:55 PM by Howard Bashman




"Girl, 13, argues right to abortion; Judge asked to reverse decision by state guardian": The South Florida Sun-Sentinel contains this article today.

The Palm Beach Post reports that "Head of DCF opted to challenge girl's abortion plans."

And The Miami Herald reports that "DCF still failing to locate runaways, advocates say; The case of a pregnant 13-year-old raises familiar questions about the state's efforts to locate and protect missing and runaway foster kids."
Posted at 05:40 PM by Howard Bashman




"Cuomo Warns Against Filibuster Changes": The Associated Press provides this report on today's Democratic radio address.

And in the May 9, 2005 issue of The Weekly Standard, Law Professor Steven G. Calabresi will have an essay entitled "Minority Rule? How the Democrats decide who to filibuster."
Posted at 01:33 PM by Howard Bashman




"Ted Olson Joins Floyd Abrams In Time-Times Case": The New York Observer contains this article today.

And Editor & Publisher on Thursday posted an article headlined "Olson: Cooper Defense to Rely on Precedent, Common Law."
Posted at 01:20 PM by Howard Bashman




"Gillette wins legal fight with Schick; Patent ruling boosts frim's bid to block rival Schick's Quattro": This article appears today in The Boston Globe. And Reuters reports that "Gillette Wins Appeal in Fight Over Energizer Razor."

I first noted yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit in a post you can access here.
Posted at 01:02 PM by Howard Bashman




"Falwell lays down marker for Warner": The News & Advance of Lynchburg, Virginia today contains an article that begins, "The Rev. Jerry Falwell on Friday drew a political line in the sand and warned U.S. Sen. John Warner not to step to the other side. Warner, a Virginia Republican, could hold a critical vote on a GOP initiative to halt Democratic filibusters of President Bush's judicial candidates."

The State of Columbia, South Carolina today contains an editorial entitled "U.S. Senate needs attitude change, not rules change."

In The Washington Times, Terence P. Jeffrey has an op-ed entitled "A savvy justice stalled."

And at Townhall.com, Mark Alexander has an essay entitled "The Demos' full-o-bluster."
Posted at 07:10 AM by Howard Bashman




"Bush Backs Abortion Measure; He Urges Senate to Enact House Bill on Parental Notification": This article appeared yesterday in The Washington Post.
Posted at 07:02 AM by Howard Bashman



"Most of teacher's religious claims against district tossed; Judge rules Cupertino educator's rights to free speech weren't trampled": Josh Richman has this article today in The Oakland Tribune. You can access Thursday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 07:00 AM by Howard Bashman



"Judge in Moussaoui Case Blocks Release of Sept. 11 Report": This article appears today in The Washington Post.
Posted at 06:50 AM by Howard Bashman


Friday, April 29, 2005


It was my great pleasure to speak at this evening's Annual Banquet of the Harvard Federalist Society for Law & Public Policy Studies and the Harvard Journal of Law & Public Policy: These two organizations have a wonderfully enthusiastic and intelligent membership. It was also very interesting to get to hear William Kristol's perspective on law-related political battles now underway in Washington, DC.

Bloggers were well represented at the event. Both Amber Taylor of "Class Maledictorian" and Will Baude of "Crescat Sententia" were at my table. I had the chance to speak with Law Professor Randy E. Barnett of "The Volokh Conspiracy." Joshua Davey of both "letters from babylon" and Locke v. Davey was present. And many contributors to the "Ex Parte" blog were in attendance.

Before I leave town tomorrow morning, I'm scheduled to grab an early breakfast with Jeremy Blachman.
Posted at 11:34 PM by Howard Bashman




"Justice Sunday": You can access here the transcript of the cover story from this evening's broadcast of the PBS program "Religion & Ethics NewsWeekly." And available online from CBS News, Sunday Morning producer Brian Healy has an essay entitled "Cheapening Faith."
Posted at 11:30 PM by Howard Bashman



"Judge Blocks Florida Teen's Abortion": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required).
Posted at 11:23 PM by Howard Bashman



"Rep. Holt joins student filibuster at Frist Campus Center; Protest continues into 78th hour": The Daily Princetonian provides this news update. You can monitor the ongoing "'Filibuster Frist' @ Princeton University" at this link.

In commentary, Sunday's edition of The Atlanta Journal Constitution will contain an op-ed by Jim Wooten entitled "Take a vote, and do it now" and an op-ed by Cynthia Tucker entitled "Must filibuster Justice Brown."

Today in The Wisconsin State Journal, Bill Wineke has an op-ed entitled "Think of the future of the endangered filibuster."

And today's broadcast of The Rush Limbaugh Show contained a segment entitled "Frist Move Exposes Dingy Harry's Dems."
Posted at 11:14 PM by Howard Bashman




"Break the Filibuster: Democrats are looking to the Constitution to preserve the judicial filibuster; the Constitution isn't on their side." William Kristol, with whom I had the pleasure of visiting this evening at Harvard, has this essay in the May 9, 2005 issue of The Weekly Standard
Posted at 11:04 PM by Howard Bashman



"Teacher's lawsuit moves forward": The San Jose Mercury News today contains an article that begins, "In a case that put the national spotlight on Cupertino, a federal court ruling Thursday pushed forward a fifth-grade teacher's discrimination lawsuit against the Cupertino Union School District. Stephen J. Williams, a teacher at Stevens Creek Elementary School, filed a lawsuit in November, claiming Principal Patricia Vidmar and other district officials violated his constitutional rights when they restricted his use of excerpts from historical documents that contained references to God."
Posted at 06:15 PM by Howard Bashman



Second Circuit affirms dismissal of lawsuit against the City of New York and Motorola brought by personal representatives of firefighters who lost their lives in responding to the World Trade Center following the 9/11 attacks: The lawsuit alleged that Motorola "provided the City with radio transmission communication equipment for firefighters that Motorola knew to be ineffective in high-rise structures like the Towers of the WTC." You can access today's ruling at this link.
Posted at 05:02 PM by Howard Bashman



"Judicial Partisan Warfare Escalates; Tempest Over Brown Nomination Shows Times Have Changed": Peter Blumberg has this very interesting news analysis about D.C. Circuit nominee Janice Rogers Brown today in The Daily Journal.

And The Contra Costa Times today contains an editorial entitled "Justice Brown puts foot in mouth again."
Posted at 03:22 PM by Howard Bashman




"Sanding Down Sander: The debunker of affirmative action gets debunked." Emily Bazelon has this jurisprudence essay today online at Slate.
Posted at 03:12 PM by Howard Bashman



If only he had a PACER account, he might still be a free man today: The Chicago Sun-Times reports today that "Suspect delivers himself to feds."
Posted at 03:10 PM by Howard Bashman



"Holy war against judges": This editorial appears today in The Toledo Blade.
Posted at 03:05 PM by Howard Bashman



Divided three-judge Federal Circuit panel resolves appeal in patent dispute between manufacturers of three-blade and four-blade razors: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

Update: Thanks to the reader who sent along the link to The Onion's parody from February 18, 2004, "F*ck Everything, We're Doing Five Blades."
Posted at 03:00 PM by Howard Bashman




"Senator fires back at attack ads; Filibuster: Murkowski says she's taking a thoughtful approach on the issue." This article appears today in The Anchorage Daily News.

And The Fairbanks Daily News-Miner today contains an article headlined "Senator works to keep doors open on ANWR" that begins, "As the Republican-led Congress marches toward opening the Arctic National Wildlife Refuge to oil drilling, Sen. Lisa Murkowski on Thursday worried that the opportunity will disappear in a rancorous fight with Democrats over President Bush's judicial nominations."
Posted at 02:44 PM by Howard Bashman




Programming note: I'll be en route shortly to Cambridge, Massachusetts, where this evening William Kristol and I will be the keynote speakers at the Annual Banquet of the Harvard Federalist Society for Law & Public Policy Studies and the Harvard Journal of Law & Public Policy. New posts will appear this afternoon, once I arrive at my hotel.
Posted at 10:25 AM by Howard Bashman



"Frist Proposes Deal on Judicial Filibusters": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

Today in The New York Times, seven letters to the editor appear under the heading "The Battle Over the Filibuster."

Finally for now, you can access online "The Official Frist Filibuster Webcam @ Princeton University" showing the "nuclear option"-related protest underway for several days at the Frist Campus Center at Princeton University.
Posted at 10:20 AM by Howard Bashman




Seals and cross: On Wednesday, The Los Angeles Daily News reported that "Hahn endorses new effort to keep cross on city seal."

You can access online a press release entitled "Los Angeles Mayor Jim Hahn Formally Endorses Petition Drive to Retain the Original LA County Seal; Citing historical reasons and the right of the people to vote on the issue, Mayor Hahn issued the endorsement" that The Committee to Support the Los Angeles County Seal Ordinance issued on Tuesday.
Posted at 08:54 AM by Howard Bashman




"Politics by Design: Why is L.A.'s liberal mayor attacking the ACLU?" Today in the Wall Street Journal, Jill Stewart has an op-ed that begins, "James Hahn, the mayor of Los Angeles, has a cross to bear--not that he minds. A tiny cross on the seal of Los Angeles County--removed under pressure from the American Civil Liberties Union--has become a potential political opportunity for him, not to mention the occasion for filial piety."
Posted at 07:24 AM by Howard Bashman



"Panel hears Cedarburg native Clement, solicitor general nominee": This article appeared yesterday in The Milwaukee Journal Sentinel.
Posted at 07:02 AM by Howard Bashman



"Democrats Reject Deal on Judges; Senate Majority Leader Bill Frist's offer of 100 hours to debate before a vote may be a final gesture before the GOP changes filibuster rules": The Los Angeles Times contains this article today, along with an article headlined "'Mr. Smith' Gets Caught Up in Ideological Fight; Groups on both sides of the filibuster debate want the film hero on their side, but Columbia Pictures has stopped allowing partisan use."

The Houston Chronicle today contains articles headlined "Senate nearing showdown on filibusters; Democrats reject GOP plan to allow votes on nominees" and "Opposition to judge nominees not 'an issue of faith,' Bush says; His comments appear to counter attempts to paint Dems as having a religious bias."

The Washington Times contains articles headlined "Democrats scorn Frist offer"; "'Miracle' needed to win back Senate"; and "Salazar's 'Antichrist' flap spotlights judicial battle."

The Pittsburgh Post-Gazette reports that "Frist makes offer to Democrats on judicial nominees; Democrats react coolly to proposal."

The Knoxville News-Sentinel reports that "Debate offer gets tepid response."

The Daily Princetonian reports that "Filibuster continues at Frist."

The Princeton Packet reports that "Sen. Frist target of Princeton University student filibuster."

The Richmond Times-Dispatch reports that "Whitman fears 'nuclear option'; Republican centrist urges votes on judges without rules changes."

The Virginian-Pilot reports that "Plan to end Senate filibuster criticized."

In commentary, The Wall Street Journal today contains an editorial entitled "Advise and Consign: The filibuster isn't the only procedure Senators are abusing."

The Washington Times contains an editorial entitled "A compromise on the 'nuclear option.'" In addition, Senate Majority Leader Bill Frist, M.D. (R-TN) has an op-ed entitled "Debate and then vote," while Linda Chavez has an op-ed entitled "Confirmation angst."

The Austin American-Statesman contains an editorial entitled "When traditions tumble."

The Amarillo Globe-News contains an editorial entitled "Nomination process filled up with filibusters."

The Daily Press of Hampton Roads, Virginia contains an editorial entitled "The filibuster."

The Denver Post contains an editorial entitled "Salazar skids off the high road." And columnist Reggie Rivers has an op-ed entitled "Importance of checks and balances."

In The Rocky Mountain News, columnist Mike Rosen has an op-ed entitled "Salazar welshes on deal."

In The Athens Banner-Herald, Michael J. Gerhardt and Larry D. Kramer have an op-ed entitled "Filibuster shouldn't be set aside out of impatience, frustration."

In The Arizona Republic, columnist Robert Robb has an essay entitled "Rules?! Senate don't need no stinking rules!"

In The Orlando Sentinel, columnist Peter A. Brown has an op-ed entitled "How to judge Bush's court picks?"

In The Star-Ledger of Newark, New Jersey, columnist John Farmer has an op-ed entitled "The filibuster is too crucial a safeguard to toss away."

Finally for now, in The Providence Journal, Julian E. Zelizer has an op-ed entitled "Make Senate more democratic -- Filibuster deserves to be deep-sixed."
Posted at 06:50 AM by Howard Bashman




"Cramton Leads Discussion on Supreme Court Developments": This article appears today in The Cornell Daily Sun.
Posted at 06:45 AM by Howard Bashman



"Stenberg announces another Senate bid": The Lincoln (Neb.) Journal Star today contains an article that begins, "Don Stenberg entered the 2006 Senate race Thursday with a focus on cultural concerns and judicial nominees as well as economic and security issues."
Posted at 06:44 AM by Howard Bashman



"Third postponement no charm for judge; 14-year veteran waits as 2 other N.C. nominees get nod": The Winston-Salem Journal today contains an article that begins, "Terrence W. Boyle has waited 14 years for a vote on his nomination to the U.S. Court of Appeals for the 4th Circuit, and he will have to wait another two weeks because of a technical glitch."

The Charlotte Observer reports today that "2 federal judges approved for N.C.; Former U.S. attorney for Charlotte confirmed 2 years after nominated."

And The Daily Tar Heel reports that "N.C. judge's future part of national debate."

On a personal note, I'd like to congratulate "How Appealing" reader James C. Dever, III for finally attaining U.S. Senate confirmation to the U.S. District Court for the Eastern District of North Carolina. As a result of Dever's voice-vote confirmation yesterday, someone else now holds the distinction of being the longest-waiting federal district court nominee yet to be confirmed.
Posted at 06:33 AM by Howard Bashman




"Pryor vote pushed back once again": The Mobile Register today contains an article that begins, "The Senate Judiciary Committee again delayed a vote Thursday on Mobile native Bill Pryor's nomination for a federal appellate judgeship, but Chairman Arlen Specter, R-Pa., promised to make it the 'number one item' at the panel's next business session, probably May 12."
Posted at 06:20 AM by Howard Bashman


Thursday, April 28, 2005


"Lining Up for High Court's Hottest Ticket": law.com's Tony Mauro provides this report.
Posted at 11:50 PM by Howard Bashman



"Will Rehnquist End 33-Year Career?" Hope Yen of The Associated Press has a report that begins, "The Supreme Court has heard its last argument of the session. Now the question is whether ailing Chief Justice William H. Rehnquist has heard the last argument of his 33-year career on the high court."
Posted at 11:45 PM by Howard Bashman



It's a boy! Warm congratulations to Dahlia Lithwick and her husband Aaron on the birth of their second son, who arrived at 3:48 this morning. The new arrival is incredibly cute, and -- watch out young ladies -- he's got a head full of blond hair.
Posted at 11:32 PM by Howard Bashman



"Transcript Details Moussaoui's Talk with Judge": This segment (RealPlayer required) appeared on this morning's broadcast of NPR's "Morning Edition."
Posted at 11:25 PM by Howard Bashman



"It's More than Judges: The filibuster-happy Democrats have a grand scheme." Larry Kudlow has this essay today at National Review Online.
Posted at 11:23 PM by Howard Bashman



"GOP Offers Trade-Off on Filibusters; Reid Calls Proposal 'Wet Kiss' to Right": The Washington Post on Friday will contain this article.
Posted at 11:20 PM by Howard Bashman



"Barnes' move to city clears big hurdle; Court denies bid to keep art collection in Merion": This article appears today in The Philadelphia Inquirer.

The Philadelphia Daily News reports today that "All systems go for Barnes move; Pa. Supreme Court sets aside appeal."

The Philadelphia Business Journal reports that "Barnes wins legal ruling."

The Associated Press reports that "Pa. Supreme Court tosses appeal over renowned art collection."

The Chronicle of Philanthropy reports that "Pennsylvania's Highest Court Allows Multibillion-Dollar Art Collection to Move."

And The New York Times provides a newsbrief headlined "A Victory for the Barnes."

You can access yesterday's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 11:14 PM by Howard Bashman




"Limbaugh loses in state's highest court": The Miami Herald provides this news update.

And The Palm Beach Post provides a news update headlined "Florida high court refuses to hear Limbaugh appeal."

You can access today's order of the Supreme Court of Florida at this link.
Posted at 11:10 PM by Howard Bashman




"Dem judge protests smearing of GOP nominee": Columnist George Weeks has this essay today in The Detroit News.
Posted at 11:04 PM by Howard Bashman



"Showdown on the Court: Buoyed by his reelection but dismayed by rulings of the U.S. Supreme Court, a president overreaches." William E. Leuchtenburg has this article in the May 2005 issue of Smithsonian Magazine.
Posted at 11:00 PM by Howard Bashman



"Frist Offers Compromise on Judicial Posts": This article will appear Friday in The New York Times.

The Washington Post provides a news update headlined "Frist Offers Deal for Vote on Judges."

The Los Angeles Times provides a news update headlined "Democrats Reject Frist's Filibuster Deal."

Tom Curry, national affairs writer for MSNBC, reports that "Democrats nix filibuster proposal; But Senate Democratic leader hints at party abstaining from blocking tactics." MSNBC also offers a report headlined "Bush: Judicial filibusters not attack on 'faith'; He rejects theory of conservative Christians."

United Press Internationaloffers a report headlined "Bush: Dems filibuster based on philosophy."

Jesse J. Holland of The Associated Press reports that "Frist Won't Budge on Filibuster Demands."

Thomas Ferraro of Reuters reports that "Republican Leader Offers Compromise on Judges."

This evening's broadcast of NPR's "All Things Considered" contained segments entitled "Senate Republicans Offer Compromise on Judicial Filibusters" and "The Record on Judicial Nominations" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.

The web site of Senate Majority Leader Bill Frist, M.D. (R-TN) contains a news release entitled "Frist Offers Proposal To End Judicial Nominations Impasse" that provides additional details (see here, here, and here) relating to the proposal.
Posted at 10:40 PM by Howard Bashman




Back home, for now: Until my next trip out-of-town, a blog-related speaking appearance tomorrow evening at Harvard Law School that will have me back on the road midday tomorrow.
Posted at 10:22 PM by Howard Bashman



"ACLU files petition on behalf of Wiccan witch": The Richmond Times-Dispatch today contains an article that begins, "The American Civil Liberties Union of Virginia has filed a petition on behalf of Cynthia Simpson, a witch of the Wiccan faith, seeking to reverse a ruling that upheld Chesterfield County's decision to bar her from giving the invocation at Board of Supervisors meetings."
Posted at 07:25 AM by Howard Bashman



"Girl, 13, fighting DCF bid to block abortion; The state and child advocates face off in court over the case of a 13-year-old foster child who wants to end her pregnancy": The Miami Herald contains this article today.

And The Palm Beach Post today reports that "DCF out to block 13-year-old's abortion."
Posted at 07:10 AM by Howard Bashman




"U.S. lawsuit: Synagogue is bias victim; The U.S. Department of Justice has sued Hollywood, charging the city with discriminating against a synagogue." This article appears today in The Miami Herald.
Posted at 07:08 AM by Howard Bashman



"Filibuster Vote Will Be Hard to Predict; Undecided Republicans Are Big Unknown": The Washington Post contains this article today.

The Los Angeles Times reports that "Gore Criticizes Republicans on Filibuster Issue; Former vice president says senators trying to forbid the practice in judicial nominations are misusing religion and threatening democracy."

The News Journal of Wilmington, Delaware reports that "Biden warns GOP on 'nuclear option'; Effort to end filibusters on nominees goes too far, senator says."

The Rapid City Journal reports that "Senators hope filibuster fight over judges will not derail highway bill."

The Philadelphia Inquirer reports that "'Nuclear' fallout could turn against Democrats."

The San Francisco Chronicle contains a front page article headlined "Congress sinks into partisan quagmire; Procedural battles take priority over health care, deficit."

The Montgomery Advertiser reports that "Panel may debate Pryor nomination."

The Daily Princetonian reports that "Frist protest continues for third day."

The South Florida Sun-Sentinel reports that "Court of public opinion focuses on the filibuster; Protesters hope to preserve process for blocking judges."

The Santa Fe New Mexican reports that "Santa Feans demonstrate against GOP filibuster ban."

The Press-Enterprise of Riverside, California reports that "Rallies protest bid to halt filibusters."

The Arizona Republic reports that "Preserving filibuster has support in Arizona."

The Rocky Mountain News reports that "Courthouse protesters defend Senate Dems' use of filibuster" and "Salazar regrets 'Antichrist' barb; Senator says he meant only to accuse Dobson of being 'self-serving.'"

The Gazette of Colorado Springs reports that "Salazar offers 'regrets' to Focus."

The Contra Costa Times reports that "Walnut Creek rally protests GOP changes to filibuster rule."

The Ventura County Star reports that "More than 30 show support for filibusters."

The Roanoke Times reports that "Rally draws protesters downtown; 'No filibuster means no democracy as far as we're concerned,' one woman said."

The Brownsville Herald reports that "Protesters rally for stronger political voice."

The Akron Beacon Journal reports that "Protest defends judicial filibuster; Akron rally, others across U.S. object to Bush's court nominees."

The Daily Local News of West Chester, Pennsylvania reports that "Democratic coalition holds rally."

The Citizens Voice of Wilkes-Barre, Pennsylvania reports that "Local protest hits GOP plan to change voting rules."

The Corvallis Gazette-Times reports that "Rally brings calls to save filibuster."

The Daily Illini reports that "Local residents defend filibuster."

The Daily Texan reports that "Protesters target nuclear option."

The North Texas Daily reports that "Group protests Republican filibuster changes at Union."

In commentary, The Montgomery Advertiser contains an editorial entitled "Numbers could alter filibuster argument."

The New York Times contains an editorial entitled "Leading With the Women."

The Boston Globe contains an editorial entitled "Frist principles."

The Orlando Sentinel contains an editorial entitled "End stalemate: In the fight over Bush's judicial nominees, both parties need to bend."

The News-Leader of Springfield, Missouri contains an editorial entitled "Filibuster debate full of hypocrisy; Both parties find ways to derail radical judges."

The Nashua Telegraph contains an editorial entitled "Drop attempt to end filibuster maneuvers."

In The Charlotte Observer, U.S. Senator Elizabeth Dole (R-NC) has an op-ed entitled "Nominees deserve a vote: Filibuster prevents U.S. Senate from doing its constitutional duty."

The Washington Times today contains op-eds by Thomas Sowell and Donald Lambro.

In The Rocky Mountain News, columnist Mike Littwin has an essay entitled "Salazar loses high ground in Dobson fight."

Finally for now, at Townhall.com, Ross Mackenzie has an essay entitled "How long will the Senate tolerate the intolerable?"
Posted at 06:34 AM by Howard Bashman




"Justices Question Andersen Conviction; Two Express Doubts About Law Applied In Enron-Related Case": This article appears today in The Washington Post.

In USA Today, Joan Biskupic reports that "Supreme Court could reverse Andersen conviction; Timing, intent at issue in shredding of Enron papers."

Jan Crawford Greenburg of The Chicago Tribune reports that "Justices' queries tilt to Andersen; File destruction may not have been illegal."

Michael McGough of The Pittsburgh Post-Gazette reports that "Justices skeptical of U.S. argument on accountants; Arthur Andersen conviction in doubt."

Mary Flood of The Houston Chronicle reports that "Some justices are skeptical; Andersen case causes concern on high court."

The Atlanta Journal-Constitution reports that "Justices question intent in Andersen appeal."

And on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer," Jan Crawford Greenburg of The Chicago Tribune had this audio report (RealPlayer required).
Posted at 06:20 AM by Howard Bashman




Access online the agenda for today's executive business meeting of the Senate Judiciary Committee: The agenda can be viewed at this link. Today the committee is likely to vote on Fourth Circuit nominee Terrence W. Boyle and Eleventh Circuit nominee William H. Pryor, Jr.
Posted at 06:10 AM by Howard Bashman


Wednesday, April 27, 2005


"Ala. Ten Commandments Monument Finds Home": The Associated Press reports here that "A 5,300-pound Ten Commandments monument that forced the chief justice of the state Supreme Court out of office will be put on display at his church."
Posted at 11:35 PM by Howard Bashman



In news from Georgia: The Atlanta Journal-Constitution today contains an article headlined "Lewd phone calls deemed protected" reporting on this ruling that the Supreme Court of Georgia issued yesterday.

And The AJC today also contains an article headlined "Court limits DUI tests" reporting on this ruling that the Supreme Court of Georgia issued yesterday.

Georgia will now be the State of choice for lewd phone calling suspected impaired drivers.
Posted at 11:33 PM by Howard Bashman




"Pot Laws Pain Some Elders; Senior citizens who rely on medical marijuana to cope with ailments wonder why the federal government wants to just say no to them": This front page article will appear Thursday in The Los Angeles Times.
Posted at 11:25 PM by Howard Bashman



In Thursday's edition of The New York Times: Linda Greenhouse will report that "Supreme Court Says Farmers May Sue in State Courts."

In other news, "House Passes Bill Tightening Parental Rule for Abortions."

And an article will report that "Army, in Manual, Limiting Tactics in Interrogation."
Posted at 11:23 PM by Howard Bashman




"Right to ramble splits US Senate": BBC News provides this report.

The Washington Times contains articles headlined "Frist stands firm on up-down vote" and "Judicial battle seen as attack on faith."

The Pittsburgh Post-Gazette reports that "Judicial nominees still divide Senate; Democrats' offer doesn't budge Frist."

The Daily Princetonian reports that "Students protest Frist at Frist."

The Portland Press Herald reports that "Collins gets heat over filibuster vote."

FOXNews.com reports that "Filibuster Fight Extends Beyond Senate."

The Scripps Howard News Service provides a report headlined "Gore: 'Poison pill' for democracy in filibuster fight."

The Times-Picayune reports that "GOP turns down deal on judicial nominees; Filibuster rule change gaining momentum."

The Las Vegas Review-Journal reports that "Reid reaches for compromise on judicial filibuster; But Frist demands votes on all nominees."

The Montgomery Advertiser reports that "Sessions takes stand for judicial nominee."

The Rocky Mountain News reports that "Colorado senators split on filibuster; Salazar supports current rule; Allard calls for change."

The Denver Post reports that "Dobson seen as driven, divisive; As respect rises, worries surface; The evangelical leader's resounding plunge into politics has stirred both Democrats and the GOP."

The Orange County Register yesterday contained an article headlined "Long-winded lawmakers."

In commentary, The Birmingham News today contains an editorial entitled "Nothing sacred about filibuster."

The Mobile Register contains an editorial entitled "Democrats search mud to try to slime Pryor."

The Dallas Morning News contains an editorial entitled "Filibuster Wars: Democrats and GOP must avert a showdown."

The Rochester Democrat and Chronicle contains an editorial entitled "Courting disaster: The public should get a Senate deal on judicial nominees."

The Winston-Salem Journal contains an editorial entitled "Going 'Nuclear.'"

The Denver Post contains an editorial entitled "Senate showdown no need to go nuclear: Sen. Ken Salazar is abandoning his campaign-year position on judicial nominees as Republican leaders weigh effort to change Senate rules."

In The Dallas Morning News, Carl Leubsdorf has an essay entitled "Moving Target: Democrats and Republicans have switched sides over time on filibusters and Senate rules; But what's really on the line here is the Constitution's checks on presidential power."

Online at OpinionJournal, Pete du Pont has an essay entitled "Sen. Strangelove: Or How Democrats stopped winning and learned to love the filibuster."

In The Los Angeles Times, Jack Miles has an op-ed entitled "The Unholy Alliance Against the Filibuster."

Columnist Molly Ivins has an essay entitled "By any name, the nuclear option stinks."

In The San Antonio Express-News, Cary Clack has an op-ed entitled "Holier-than-thou attitude has no place in judicial filibuster debate."

In The Providence Journal, Jackson Barlow has an essay entitled "The filibuster -- Republicans aping the dread Europeans."

In The Los Angeles Daily News, Gary Galles has an op-ed entitled "Judicial critics opposing Constitution supporter."

In The Pasadena Star-News, Gerald Plessner has an op-ed entitled "Right-wing vision of America anything but 'conservative.'"

In The Washington Times, Cal Thomas has an op-ed entitled "A time for choosing II."

Ann Coulter has an essay entitled "Drag liberals into the light."

And today's broadcast of The Rush Limbaugh Show contained judicial filibuster segments entitled "Democrats Line Up to Praise Dingy Harry's Utter Failure on Filibustering Judges" and "Durbin Puts Rush in Congressional Record -- Again."
Posted at 10:44 PM by Howard Bashman




Court TV reports that "Court TV asks New York's high court to overturn camera ban": You can access the report online at this link.

In other coverage, law.com reports that "Boies Challenges Judges to Take Stand on Court Camera Ban."

And The Associated Press reports that "Court TV Argues for Cameras in the Court."
Posted at 10:22 PM by Howard Bashman




"Supreme Court Rules on Cases Across Borders": Jess Bravin has this article today in The Wall Street Journal.
Posted at 10:20 PM by Howard Bashman



"Senate Panel Support for Asbestos Bill Unclear": Reuters provides this report.
Posted at 10:15 PM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: The Court today issued two opinions in argued cases.

1. Justice John Paul Stevens delivered the opinion of the Court in Bates v. Dow Agrosciences LLC, No. 03-388. You can access the oral argument transcript here.

2. Chief Justice William H. Rehnquist delivered the opinion of the Court in Pace v. DiGuglielmo, No. 03-9627, a decision on which the Court divided by a 5-4 margin along traditional lines. You can access the oral argument transcript here.

In news coverage, David G. Savage of The Los Angeles Times has a news update headlined "High Court Rules Farmers Can Sue Pesticide Makers." Tony Mauro of law.com has an article headlined "Reversing 5th Circuit, High Court Rules Against Pesticide Makers." Hope Yen of The Associated Press has a report headlined "Court: Farmers Can Sue Pesticide Makers." And at "SCOTUSblog," Lyle Denniston has a post titled "Wide opening for pesticide damage claims."
Posted at 10:00 PM by Howard Bashman




"Justices Dubious of U.S. Case on Andersen": Linda Greenhouse will have this article Thursday in The New York Times.

Charles Lane of The Washington Post provides a news update headlined "Justices Wary of Accounting Firm's Enron Conviction."

Stephen Henderson of Knight Ridder Newspapers reports that "U.S. defends case against accounting firm officials before high court."

Tony Mauro of law.com reports that "Justices Skeptical of DOJ's Claims About Andersen Document Retention."

The Associated Press reports that "High Court Probes Arthur Anderson Trial."

Reuters reports that "U.S. Supreme Court judges question Andersen verdict."

Michael Kirkland, UPI legal affairs correspondent, reports that "Court may rule for Andersen."

And at "SCOTUSblog," Lyle Denniston has a post titled "A victory for Andersen?"
Posted at 09:50 PM by Howard Bashman




Video available online from C-SPAN: Today's broadcast of "Washington Journal" contained segments described as "Senator Orrin Hatch (R-UT), Judiciary Committee Member, discusses the Judicial nominations" and "Senator Patrick Leahy (D-VT), Judiciary Committee Ranking Member, discusses Judicial nominations."

And from Monday, "The Center for American Progress hosts a panel discussion on the Senate Republican leadership's possible plan to change the filibuster rules for judicial nominations."

RealPlayer is required to launch these video segments.
Posted at 09:40 PM by Howard Bashman




"Nuclear Brinksmanship: Republicans should stand down from the filibuster crisis, and stand up for their principles." Gene Healy has this essay online today at Reason.

At The American Prospect, Sam Rosenfeld has an essay entitled "Majority Bleeder: The inept Dr. Frist has incited a nuclear exchange his caucus can't win."

And online at The Nation, Max Blumenthal has an essay entitled "Justice Sunday Preachers."
Posted at 09:30 PM by Howard Bashman




"The veep is heading to disclosed location": Thursday's edition of The Hill will contain an article that begins, "If and when Republicans take the historic step of ending the Democratic filibuster of judicial nominees, the most visible figure in the parliamentary maneuver will not be a senator. Rather, Vice President Dick Cheney -- who has the constitutional role of presiding over the Senate -- almost certainly will oversee any deployment of the so-called 'nuclear option' on judges."
Posted at 09:25 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained a segment entitled "The Senate and Filibuster Changes."

On this evening's broadcast of "All Things Considered," Nina Totenberg had a report entitled "Supreme Court Reviews Accounting Firm's Enron Conviction."

And on today's broadcast of "Morning Edition," Totenberg had a report entitled "High Court Reviews Arthur Andersen's Enron Conviction." The program also contained a segment entitled "House Vote Set on Abortion-Notification Measure."

RealPlayer is required to launch these audio segments.
Posted at 09:15 PM by Howard Bashman




Programming note: My day job will have me on the road in Columbia, South Carolina today and tomorrow. New posts will appear online later today.
Posted at 06:20 AM by Howard Bashman



"Republicans Reject Democrats' Offer to Settle Judicial Dispute; The deal would allow votes on three nominees; But the GOP says it's focusing on future picks": The Los Angeles Times contains this article today.

And in today's edition of The New York Times, Bob Dole has an op-ed entitled "Up, Down or Out."
Posted at 05:55 AM by Howard Bashman




"Mother urged to learn English gains full custody of child; Judge's order in similar case raised advocates' concerns": This article appears today in The Tennessean.
Posted at 05:50 AM by Howard Bashman


Tuesday, April 26, 2005


"Court: Foreign conviction can't strip gun rights." Joan Biskupic will have this article Wednesday in USA Today.
Posted at 11:54 PM by Howard Bashman



"Going Nuclear in the Senate": Today's broadcast of the public radio program "The Connection" included this very interesting segment (RealPlayer required) featuring Gail Chaddock, congressional reporter for The Christian Science Monitor; Law Professor Jonathan Turley; and former U.S. Senators John Breaux (D-LA) and Alan Simpson (R-WY).

Wednesday's edition of USA Today will contain an editorial entitled "Founders' intentions may be casualty in fight over judges" and an op-ed by C. Boyden Gray entitled "End abuse of filibuster."

The News & Observer of Raleigh, North Carolina today contains an editorial entitled "Judicious deal: North Carolina's Terrence Boyle is one of several judicial picks who should be approved by senators in a compromise."

The Charlotte Observer contains an editorial entitled "Independent judges: Sunday's rally a reminder of Founding Fathers' wisdom."

The St. Louis Post-Dispatch contains an editorial entitled "Judicial appointments: Faithless filibuster?"

The Duluth News Tribune contains an editorial entitled "Bid to ditch filibuster about a century too late; Senate 'supermajority' has place in forging bipartisan OK of presidential power."

The Bangor Daily News contains an editorial entitled "The Filibuster Box."

The Daily Free Press of Boston University contains an editorial entitled "Dismantling the U.S. Senate."

Today's broadcast of The Rush Limbaugh Show contained judicial filibuster-related segments entitled "Democrats on the Run, Fear Backlash" and "Washington Post 'Push Up' Poll."

The Chicago Tribune yesterday contained an editorial entitled "Democracy and the filibuster."

The Oregonian yesterday contained an editorial entitled "Preventing one-party rule: The filibuster is a quaint and sometimes-abused tactic, but it plays a valuable role, even on judicial nominations."

And The Herald News of Northern New Jersey yesterday contained an editorial entitled "Dr. Frist: Or how I learned to love the filibuster."
Posted at 11:33 PM by Howard Bashman




"Ex-Priest's Sex Conviction Overturned": The Associated Press reports here that "The Missouri Supreme Court on Tuesday overturned the sexual misconduct conviction of a former priest and elementary school counselor accused of exposing himself in front of three boys in a school bathroom. In a 4-3 decision, the court ruled Missouri's sexual misconduct statute was unconstitutional and too broad." You can access today's ruling of the Supreme Court of Missouri at this link.
Posted at 11:24 PM by Howard Bashman



"Republicans Reject Offer On Judges; Democratic Plan Sought Withdrawal of Some": This article will appear Wednesday in The Washington Post.
Posted at 10:33 PM by Howard Bashman



In Wednesday's issue of The New York Times: Linda Greenhouse will report that "Justices Limit Gun Law That Bars Possession by Felons."

An article will report that "Rove and Frist Reject Democrats' Compromise Over Bush's Judicial Nominees."

In other news, "Muslim Cleric Found Guilty In the 'Virginia Jihad' Case."

An article will report that "Florida Expands Right to Use Deadly Force in Self-Defense."

And in news from Illinois, "Student Is Charged With a Hate Crime."
Posted at 10:11 PM by Howard Bashman




In Wednesday's edition of The Hill: Tomorrow's newspaper will contain articles headlined "On judges, conservatives and liberals agree: No deal" and "Frist finds it's tough to lead Senate while he's aiming at the presidency."
Posted at 10:00 PM by Howard Bashman



"Bush, GOP reject compromise on judicial nominations": James Kuhnhenn of Knight Ridder Newspapers has this report.
Posted at 08:28 PM by Howard Bashman



"High Court Sticks to Letter of Law on Overseas Convictions": David G. Savage of The Los Angeles Times provides this news update.
Posted at 06:52 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Stances Shift in Fight over Judicial Nominees" and "High Court Won't Outlaw Guns for Convicts from Abroad" (featuring Nina Totenberg).

The MoveOn PAC television ad mentioned in the first of those two audio segments can be viewed at this link (QuickTime Player required).
Posted at 06:44 PM by Howard Bashman




"Filibuster Flip-Flops": David Boaz has this essay at the Cato Institute's web site.
Posted at 05:43 PM by Howard Bashman



Available online from The Christian Science Monitor: In Wednesday's newspaper, Linda Feldmann will have an article headlined "A new federal move to limit teen abortions: The House considers new out-of-state restrictions." The bill, H.R. 748, can be accessed here.

In today's edition of that newspaper, meanwhile, Dante Chinni has an op-ed entitled "'Nuclear option' and bipartisan hypocrisy."
Posted at 05:32 PM by Howard Bashman




The wire services are reporting: The Associated Press reports that "Supreme Court considers Michigan truck fees" and "Media Struggles to Protect Sources."

And Reuters reports that "U.S Marshals Short Staff Exposes Judges to Violence" and "Ruling expected in NYC Argentine debtholder appeal."
Posted at 05:20 PM by Howard Bashman




In good company: First Vice President Dick Cheney refers to Fifth Circuit nominee Priscilla R. Owen as "Patricia" (see here and here). Now People For the American Way is on board, too. Who says agreement cannot be reached between liberal Democrats and conservative Republicans on controversial judicial nominees?

Update: PFAW has corrected its error, just as the Vice President did.
Posted at 04:30 PM by Howard Bashman




"Nuclear Inventory: Taking stock of GOP senators and the filibuster." Duncan Currie has this very interesting essay online this afternoon at The Weekly Standard.
Posted at 04:25 PM by Howard Bashman



"Americans United Criticizes Judicial Nominee's Claim That America Is Engaged In A Religious War; Watchdog Group Calls On Senate To Oppose Confirmation Of Janice Rogers Brown": The organization Americans United for Separation of Church and State issued this press release today.
Posted at 04:18 PM by Howard Bashman



"Security Levels and Manpower Faulted by Federal Judiciary": The Administrative Office of the United States Courts issued this press release today. Also today, Third Circuit Judge Jane R. Roth, chair of the the Security and Facilities Committee of the Judicial Conference of the United States, testified before the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security. You can access online the text of Judge Roth's prepared remarks at this link.
Posted at 04:15 PM by Howard Bashman



"Going Nuclear: The Threat to Our System of Checks and Balances." That's the title, as I first noted here, of an event which The Center for American Progress hosted yesterday in Washington, DC. You can now access online the transcript of the event, and video clips from the event can be accessed via this link.
Posted at 04:12 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "Slate's Jurisprudence: A 'Nuclear Option' Senate Deal?" (featuring Emily Bazelon); "Opposition Grows to Federal Teen Abortion Bill"; and "Legal War Brews in Oregon over Land Use Rights." RealPlayer is required to launch these audio segments.
Posted at 04:04 PM by Howard Bashman



"RNC Chairman Ken Mehlman Memo: Public Opinion On Judicial Appointments." The Republican National Committee has issued this news release today.
Posted at 03:02 PM by Howard Bashman



A clash between the First Amendment and a Pennsylvania statute prohibiting the disclosure of juvenile law enforcement records: Today the U.S. Court of Appeals for the Third Circuit issued an opinion that begins:
This case arises from Appellant James L. Bowley's arrest for allegedly raping a minor while a minor himself, and the subsequent truthful publication of the fact of that arrest by Appellee Uniontown Herald Standard. As a result of the publication, Bowley sued the Herald Standard for a violation of the Pennsylvania statute prohibiting the disclosure of juvenile law enforcement records and for the tort of invasion of privacy. We must now decide whether imposition of civil liability upon the Herald Standard for its actions with regard to Bowley would be consistent with the First Amendment. The District Court held that it would not and granted the Herald Standard's motion to dismiss. Because we agree that under these facts, the First Amendment provides the Herald Standard with a shield from liability, we will affirm.
You can access the complete ruling at this link.
Posted at 02:50 PM by Howard Bashman



"Suspended Lawyer Wins Right To Open Federal-Only Office": Today in The Legal Intelligencer, Shannon P. Duffy has an article (subscription required) that begins:
If you want to find attorney Robert B. Surrick's new law office, you'd better be sure of the address because he's not allowed to hang any signs outside.

That's the twist in a ruling handed down last week by a federal judge in a lawsuit Surrick filed to challenge a recent ruling by the state Supreme Court that effectively prohibits lawyers from opening an office if they are under suspension - even if they have been readmitted to practice by a federal court.

Surrick is one of three Pennsylvania lawyers in the unusual position of being readmitted to practice in federal court while his Pennsylvania law license is still suspended. The others are Frank Marcone and Robert Simone.

Last year, Surrick grew concerned about his right to a federal practice when the Pennsylvania Supreme Court ruled that Marcone had violated his suspension by opening a Pennsylvania office to support his practice.

Surrick responded by filing a lawsuit that asked for an injunction barring the Pennsylvania Supreme Court from imposing any discipline on him for doing the same thing.

Now Chief U.S. District Judge James T. Giles has ruled that Surrick is correct and that he must be allowed to open an office to support a federal practice.

You can access the recent ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.

Some may recall that not too long ago, the U.S. Court of Appeals for the Third Circuit appointed me to argue in support of affirmance of the en banc ruling of a sharply divided U.S. District Court for the Eastern District of Pennsylvania imposing a reciprocal disciplinary suspension on Surrick, the brother of a currently-serving E.D. Pa. federal district judge, based on the Supreme Court of Pennsylvania's earlier suspension of Surrick from the practice of law. My Third Circuit brief and that court's ruling in favor of the position I was asked to advocate are both available online.
Posted at 02:30 PM by Howard Bashman




"Frist Stands Firm on Vote for All Judicial Nominees": Thomas Ferraro of Reuters provides this report.
Posted at 02:10 PM by Howard Bashman



"Frist chills talk of judges deal; Senate Leader says he'll insist on up-or-down votes on Bush nominees to the bench": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 12:10 PM by Howard Bashman



"Fla. Gun Law to Expand Leeway for Self-Defense; NRA to Promote Idea in Other States": The Washington Post contains this front page article today.
Posted at 12:08 PM by Howard Bashman



"'Suit goes on' over write-in votes for Frye": This article appears today in The San Diego Union-Tribune.
Posted at 12:04 PM by Howard Bashman



"How to Get a Job at the Justice Department: A narrow path leads to the DOJ, as the department seeks only a certain kind of applicant at the highest levels." law.com provides this report.
Posted at 11:10 AM by Howard Bashman



"Frist Says He's Not Interested in Deals": Jesse J. Holland of The Associated Press has a report that begins, "Reacting to a Democratic offer in the fight over filibusters, Republican leader Bill Frist said Tuesday he isn't interested in any deal that fails to ensure Senate confirmation for all of President Bush's judicial nominees."
Posted at 11:06 AM by Howard Bashman



"Detroit judge in pointed spat over parking spot": This article appears today in The Detroit Free Press.
Posted at 10:42 AM by Howard Bashman



"Manufacturers Praise Asbestos Bill": Reuters provides this report.
Posted at 10:28 AM by Howard Bashman



"Lott, Nelson Try for Judges Deal": Roll Call today contains an article (subscription required) that begins, "Sens. Trent Lott (R-Miss.) and Ben Nelson (D-Neb.) are racing to round up support for an emerging bipartisan compromise that could avoid a meltdown over judicial filibusters. The plan would pave the way for votes on four nominees in exchange for Republicans' withdrawing their threat to eliminate the filibuster on judicial nominations, sources said. Republicans would also agree not to pursue votes on the three remaining nominees being filibustered by Democrats -- though it is unclear which nominees would be affected."
Posted at 10:20 AM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: The Court issued two opinions in argued cases today.

1. Justice Stephen G. Breyer delivered the opinion of the Court in Small v. United States, No. 03-750. You can access the syllabus here; Justice Breyer's majority opinion here; Justice Clarence Thomas's dissent here; and the oral argument transcript here. Chief Justice William H. Rehnquist did not participate in this 5-3 ruling in a case argued during the Court's November oral argument session.

2. Justice Thomas delivered the opinion of the Court in Pasquantino v. United States, No. 03-725. You can access the syllabus here; Justice Thomas's majority opinion here; Justice Ruth Bader Ginsburg's dissenting opinion here; and the oral argument transcript here. Chief Justice Rehnquist did take part in this 5-4 ruling in a case argued during the Court's November oral argument session. The Justices' division in this case was a bit unusual. Joining Justice Thomas's majority opinion were Chief Justice Rehnquist and Justices John Paul Stevens, Sandra Day O'Connor, and Anthony M. Kennedy. Joining Justice Ginsburg's dissent in full was Justice Breyer and joining Justice Ginsburg's dissent in part were Justices Antonin Scalia and David H. Souter.

In early news coverage, Hope Yen of The Associated Press has reports headlined "Court Rules on Convict Gun Ownership" and "Court: Foreign Tax Cheaters Can Be Tried." James Vicini of Reuters has reports headlined "US Court: Gun Law Doesn't Count Foreign Convictions" and "US Top Court: Fraud Law Covers Smuggling Scheme." And Lyle Denniston at "SCOTUSblog" has a post titled "Two criminal law rulings."
Posted at 10:00 AM by Howard Bashman




Transcripts from yesterday's broadcast of The Rush Limbaugh Show: Segments entitled "Democrats Looking for Judge Compromise?"; "How Democrats Attack a Black Woman Judge"; and "Former California Supreme Court Justice Backs Brown" can now be accessed online.
Posted at 09:58 AM by Howard Bashman



Available online from The American Prospect: Matthew Yglesias has an essay entitled "False Gospel: Faith can't disqualify judicial nominees; The way they use faith can."

And Rob Garver has an essay entitled "Frist Plays It Cool: The Family Research Council kept things polite at Justice Sunday, but they still didn't make sense."
Posted at 09:55 AM by Howard Bashman




"Now, More than Ever: What someone in the GOP Senate caucus needs to tell Republicans about the filibuster vote." Hugh Hewitt has this essay today online at The Weekly Standard.
Posted at 09:54 AM by Howard Bashman



"Filibuster on the Cross: Why the Christian right would be nuts to eliminate the filibuster." Timothy Noah has this chatterbox essay online at Slate.
Posted at 09:50 AM by Howard Bashman



Available today from National Review Online: Edward Whelan has an essay entitled "Alien Justice: Ruth Bader Ginsburg vs. the Declaration of Independence."

And Rich Lowry has an essay entitled "Sacred Obstruction: The refuge of losers."
Posted at 09:44 AM by Howard Bashman




"Lawmakers Near Showdown on Judicial Filibusters": Today's broadcast of NPR's "Morning Edition" included this segment (RealPlayer required).
Posted at 09:40 AM by Howard Bashman



"Supreme Court gets Oregon death case; The justices will rule on whether alibi evidence can be introduced in the penalty phase of a Deschutes County murder trial": This article appears today in The Oregonian.

In The Los Angeles Times, David G. Savage reports that "Justices to Decide if Social Security Can Be Seized; A Washington state man with $80,000 in unpaid student loans seeks to shield his benefits" and "High Court Dismisses POWs' Torture Claim Against Iraq; The White House had argued against a $1-billion verdict won after the 1991 Gulf War."

In The Washington Post, Charles Lane reports that "Justices to Review Loan Offsets; Court to Decide Whether a 10-Year Limit Shields Student Debts."

The Washington Times reports that "POW appeal rejected by court."

The Chicago Tribune reports that "Andersen's appeal has rapt audience."

And Michael Kirkland, UPI legal affairs correspondent, reports that "Court explores Iran liability."
Posted at 07:55 AM by Howard Bashman




"Ex-wife of Diaz makes plea deal, may testify": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "Jennifer Diaz, indicted with ex-husband state Supreme Court Justice Oliver Diaz on federal corruption charges, pleaded guilty Monday to income tax evasion in exchange for having the other charges against her dismissed."

And The Biloxi Sun Herald reports that "Jennifer Diaz pleads guilty to tax evasion."
Posted at 07:52 AM by Howard Bashman




"Can Bloggers Invoke the Journalist's Privilege to Protect Confidential Sources Who Leak Trade Secrets? A Suit Filed by Apple Computer Raises the Question." FindLaw commentator Julie Hilden has this essay today.
Posted at 07:50 AM by Howard Bashman



"Scalia visit still igniting controversy": Washington Square News contains this article today.
Posted at 07:45 AM by Howard Bashman



"Senators May Compromise to End Impasse on Judges": This article appears today in The New York Times.

The Washington Post contains articles headlined "Democrats Hint At Filibuster Deal; Some Judges Might Be Confirmed" and "Poll: Filibuster Rule Change Opposed."

The Los Angeles Times contains articles headlined "Democrats May Compromise on Judicial Fight; Leaders say they would consider a deal with the GOP on appointees if filibuster rules are kept" and "Clashes Growing Between Bush and GOP Moderates."

The Washington Times reports that "Undecided Specter could doom GOP" and "Frist angers conservatives by distancing from DeLay."

Financial Times reports that "Democrat turns up the heat on Frist."

The Guardian (UK) reports that "Democrats rally to protect power of the filibuster."

The Pittsburgh Post-Gazette contains articles headlined "Senate comity fades as once-friendly leaders duel" and "Filibustering an ancient art; Romans did it, and so did Huey P. Long -- for 15 1/2 hours."

The Telegraph (UK) reports that "Congress clash over politics and religion."

The Hill contains an article headlined "No nuclear disarmament, Sen. Frist warns K Street."

USA Today contains an article headlined "Rove: Bolton will be confirmed; judges deserve vote."

CNN.com reports that "Reid seeks compromise with Frist on judges; Says he is working on ways to avoid 'nuclear option.'"

The Denver Post reports that "Salazar wins points in filibuster tussle."

The Louisville Courier-Journal reports that "Chandler, McConnell reflect split over Justice Sunday; Others in Congress are mum on issue."

In commentary, The Los Angeles Times contains an editorial entitled "Nuke the Filibuster."

The New York Times contains an editorial entitled "The Disappearing Wall," while letters to the editor appear under the heading "Senator Frist Takes to the Pulpit."

Newsday contains an editorial entitled "Girding for filibuster war: Frist makes nice; Cheney talks tough."

The San Jose Mercury News contains an editorial entitled "Frist's idea to curb filibusters could stir up war in Senate."

The Arizona Republic contains an editorial entitled "Filibuster fuss: Find a middle ground on judges, fellas."

The Berkshire Eagle contains an editorial entitled "Playing filibuster politics."

The Roanoke Times contains an editorial entitled "Republican hypocrisy on the 'nuclear option.'"

The Harvard Crimson contains an editorial entitled "Filibustering the Nuclear Option: Eliminating the minority from judicial nominations is extremely dangerous."

The Washin