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 Washington Times contains an editorial entitled "The Democrats' intimidation tactics."

The Louisville Courier-Journal contains an editorial entitled "Faith-based courts."

The Seattle Post-Intelligencer contains an editorial entitled "Justice Today: Respect, not retaliation."

In The Boston Globe, Steven Lubet has an op-ed entitled "Misplaying the filibuster."

In The Washington Times, Bruce Fein has an op-ed entitled "Filibuster benchmarks."

In The Chicago Sun-Times, Jesse Jackson has an op-ed entitled "Right-wing assault threatens independence of judiciary."

In The Los Angeles Daily News, Noel Sheppard has an op-ed entitled "Republicans shouldn't bust up the filibuster."

At Townhall.com, Bill Murchison has an essay entitled "God and the Supreme Court."

UPI's senior political analyst Peter Roff has an essay entitled "A constitutional crisis."

In The Denver Post, Ed Quillen has an op-ed entitled "Justice Sunday belies its name."

The Rocky Mountain News contains an op-ed by Mike Littwin entitled "Key issue for Dobson goes beyond the filibuster" and an op-ed by Vincent Carroll entitled "Two who cry 'Wolf!'"

In The Louisville Courier-Journal, Bob Hill has an op-ed entitled "We need more talk and fewer media events."

In The Harvard Crimson, John W. Hastrup has an op-ed entitled "Hypocrisy in the 'Nuclear' War: Democrats share the blame in the filibuster fiasco."

In The Daily Vanguard of Portland State University, Chaelan MacTavish has an op-ed entitled "Blowing the government to hell: Republican bullies should give up on proposed 'nuclear option' to end filibusters."

In The Ball State Daily News, Steve Nawara has an op-ed entitled "Democrats right to block nominees."

And in The Daily Iowan, Beau Elliot has an op-ed entitled "Going nuclear."
Posted at 06:40 AM by Howard Bashman




"Faith 'War' Rages in U.S., Judge Says; A Bush nominee central to the Senate's judicial controversy criticizes secular humanists": The Los Angeles Times today contains an article that begins, "Just days after a bitterly divided Senate committee voted along party lines to approve her nomination as a federal appellate court judge, California Supreme Court Justice Janice Rogers Brown told an audience Sunday that people of faith were embroiled in a 'war' against secular humanists who threatened to divorce America from its religious roots, according to a newspaper account of the speech."

The LATimes article reports on an article headlined "Red Mass breakfast visited by filibuster controversy" published yesterday in The Stamford (Conn.) Advocate. I first linked to that article yesterday in a post you can access here.
Posted at 06:35 AM by Howard Bashman



Monday, April 25, 2005


"Wife of Supreme Court justice pleas, agrees to cooperate in judicial bribery trial": From Mississippi, The Associated Press reports here that "The ex-wife of Mississippi Supreme Court Justice Oliver Diaz Jr. pleaded guilty Monday to attempted tax evasion and agreed to cooperate with federal prosecutors in the bribery case against the justice, U.S. Attorney Dunn Lampton confirmed."
Posted at 10:14 PM by Howard Bashman



"Review Set for Evidence in Murder Trial's Penalty Phase": Linda Greenhouse will have this article Tuesday in The New York Times.

And in Tuesday's edition of USA Today, Joan Biskupic will report that "Court declines to revive POWs' suit against Iraq."
Posted at 10:11 PM by Howard Bashman




"Judicial Wars": This segment (transcript with link to audio) appeared on tonight's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:04 PM by Howard Bashman



"Frist, Reid Work on Judge-Approval Deal": The Associated Press provides this report.

Thomas Ferraro of Reuters reports that "Top Senate Democrat Has Plan to Stop Filibuster Ban."

And Bloomberg News reports that "Senate Democrats Seek Compromise on Judicial Nominees."
Posted at 09:05 PM by Howard Bashman




The Knight Ridder Newspapers are reporting: You can now access online articles headlined "Religious conservatives' demands on government may spark backlash" and "Democrats sense opportunity in Congress, announce agenda."
Posted at 08:42 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Schumer, Cornyn on Senate Filibuster" and "Republicans Find Themselves on the Defensive."
Posted at 08:40 PM by Howard Bashman



"Democrats Move Some Bills to Senate Floor": Jesse J. Holland of The Associated Press provides this "nuclear option"-related report.
Posted at 06:10 PM by Howard Bashman



David G. Savage of The Los Angeles Times is reporting: He has news updates headlined "Age May Catch Up to College Loan Scofflaws" and "POW's Claims Against New Iraq Government Rejected."
Posted at 06:05 PM by Howard Bashman



"Americans Oppose Senate Rule Changes, Poll Shows": The Washington Post provides this news update reporting on the results of a recently-conducted Washington Post-ABC News Poll.
Posted at 06:00 PM by Howard Bashman



"State: Plate no place for religion." The Rutland Herald contains this article today. An application for a "JOHN316" vanity license plate is at the center of this controversy.
Posted at 05:45 PM by Howard Bashman



"Justices argue international law": This article appears today in The Washington Times.
Posted at 05:40 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "High Court Hears Indigent-Defendants Case"; "Andersen Prepares to Appeal Conviction"; and "Judge Gives Lawyers Moussaoui Deadline."
Posted at 05:10 PM by Howard Bashman



No matter what your age or intent, sneaking a gun into court is never a good idea: The Newark (N.J.) Star-Ledger today contains an article headlined "She's armed but hardly dangerous."
Posted at 05:05 PM by Howard Bashman



"The Filibuster, the Constitution Outside the Courts, and the Press's Failure": Paul Horwitz has this post today at "PrawfsBlawg."
Posted at 05:00 PM by Howard Bashman



"Murphy resigns: San Diego mayor announces departure mere months into second term." The San Diego Union-Tribune provides this news update and reprints this press release.
Posted at 04:58 PM by Howard Bashman



"If Senate shuts down, who's to blame? Facing Bush judicial nominees, eager interest groups, and the 'nuclear option,' a divided Senate keeps raising the stakes." This article will appear Tuesday in The Christian Science Monitor.

Tuesday's edition of Financial Times will contain an article headlined "Reid increases attack on Frist over US court nominees."

The public radio program "Here & Now" today contained a segment entitled "Faith and the Filibuster" (RealPlayer required).

Online at Salon.com, Michelle Goldberg has an essay entitled "The right to impose Christianity: The religious right worked itself into a righteous fury at 'Justice Sunday,' using the stalemate over judges to tar Democrats as enemies of God."

And online at The Village Voice, James Ridgeway's "Mondo Washington" column today is entitled "Democrats Go Nuclear on Values: Republicans May Spend Political Capital to Blow Up the Senate Filibuster, But Dems Will Implode for Free."
Posted at 04:44 PM by Howard Bashman




"Meet The People For The American Way: Out Of The Mainstream Organization Providing Democrats With Resources To Block President Bush's Judicial Nominee." The Republican National Committee has issued this research briefing today.
Posted at 04:38 PM by Howard Bashman



Access online the transcript of William H. Pryor, Jr.'s Senate Judiciary Committee confirmation hearing transcript: "Southern Appeal" has posted the transcript at this link.
Posted at 04:00 PM by Howard Bashman



"Virtuoso role reversals mark filibuster struggle; Five years ago Republican used delaying tactics to stymie Clinton's judicial picks; now Democrats do likewise to Bush nominees": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 03:52 PM by Howard Bashman



"House GOP Doesn't Plan Probe of Judges": Jesse J. Holland of The Associated Press provides this report.
Posted at 03:35 PM by Howard Bashman



"Moussaoui's Mom Urges France to Save Son": The Associated Press provides this report. As I noted here back on February 8, 2003, Zacarias Moussaoui's mother has previously been in the news.
Posted at 02:02 PM by Howard Bashman



"Law School Faculty Issues Statement on Solomon Amendment": This article appeared Friday in The Cornell Daily Sun.
Posted at 12:05 PM by Howard Bashman



"The Becker-Posner Blog" on plagiarism: This week's new posts can be accessed here and here.
Posted at 12:02 PM by Howard Bashman



"The Constitutional Option: The Senate's Power to Make Procedural Rules by Majority Vote." The U.S. Senate's Republican Policy Committee has issued this report today.
Posted at 11:30 AM by Howard Bashman



"Hate the Filibuster? You Might Want to Nuke the Entire Senate." That's the title of Law Professor Rick Hasen's op-ed today in Roll Call. You can access the op-ed via this post at Rick's "Election Law" blog.
Posted at 11:22 AM by Howard Bashman



"How the Republicans Lost Their Majority: Triggering the 'nuclear option' resulted in a Supreme Court that scared the public and hurt Republicans." Stuart Taylor Jr. has this essay in today's edition of National Journal.
Posted at 10:20 AM by Howard Bashman



"Christian Conservatives Take Aim at Filibusters": Reuters provides this report.
Posted at 10:11 AM by Howard Bashman



Today's U.S. Supreme Court Order List: The Court today granted certiorari in five cases. And the Court asked for the views of the Solicitor General in an additional case. You can access today's Order List at this link.

In early press coverage, Hope Yen of The Associated Press reports that "Court to Hear Dispute Over Student Loans" and "Supreme Court Declines to Hear POWs' Case." The AP also reports that "Supreme Court Takes Up Death Penalty Issue" and "Court Takes Case of Fallen Postal Customer." James Vicini of Reuters reports that "Supreme Court Rejects Appeal by 1991 POWs in Iraq." Reuters also reports that "US Court to Decide on Guilt Evidence at Sentencing." And at "SCOTUSblog," Lyle Denniston provides this coverage.
Posted at 10:00 AM by Howard Bashman




"Preserving the Right to a Lawyer": This editorial appears today in The New York Times.
Posted at 09:58 AM by Howard Bashman



"DeLay's Banana Republic": The Los Angeles Times contains this editorial today.
Posted at 09:55 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Frist Takes Judicial Filibuster Fight to Churches" and "Wal-Mart Faces New Public Image Battle."
Posted at 09:50 AM by Howard Bashman



"Going Nuclear: The Threat to Our System of Checks and Balances." The Center for American Progress will host this event this morning. C-SPAN2 is scheduled to televise the program live, and a live webcast is promised at the Center for American Progress's web site. The program is scheduled to begin at 9:30a.m. eastern daylight time.
Posted at 09:00 AM by Howard Bashman



"Raped by statute: Eighteen-year-old Matthew Limon is serving 17 years for having consensual oral sex with another boy; His case reveals our society's bigotry -- and our inability to think straight about teenage sexuality." Ayelet Waldman has this article online today at Salon.com.
Posted at 07:28 AM by Howard Bashman



"A loaded box of stereotypes: Despite 'Batson,' race, gender play big roles in jury selection." This article appears in today's issue of The National Law Journal.
Posted at 07:24 AM by Howard Bashman



Commentary available online from FindLaw: Matthew Segal has an essay entitled "Violence Against Judges: Why it Occurs and What We Can Learn from it."

And John W. Dean has an essay entitled "An Update on the Investigation Into the Leak Of CIA Agent Plame's Identity: Will The Supreme Court Take The Miller And Cooper Cases?"
Posted at 07:20 AM by Howard Bashman




"Battle Over Benches Spills Across Pews; Evangelical leaders use a simulcast to churches around the country to support conservative judges; Other groups fear a 'religious war'": This article appears today in The Los Angeles Times.

The Chicago Tribune reports that "Christians square off over battle for judiciary."

The Boston Globe reports that "Partisan showdown looms on filibusters; Frist calls GOP justified in changing Senate rules."

The Washington Times contains articles headlined "Frist takes filibuster fight to Christians" and "GOP has votes for 'nuclear option,' McConnell says."

Newsday contains a lengthy article headlined "fil-i-bus-ter n: The use of extremem dilatory tactics in an attempt to delay or prevent action, especially in a legislative assembly."

The St. Petersburg Times reports that "Senate's change isn't just one rule; If Republicans make it easier to end filibusters over judicial nominees, they may affect all of politics."

The Atlanta Journal-Constitution reports that "Frist hangs tough on judges."

In The New York Sun, Luiza Ch. Savage has an article headlined "Frist to Conservatives: Respect Independence of Judiciary."

The Louisville Courier-Journal contains articles headlined "Judicial filibusters under fire; Speakers urge action on confirmation of U.S. judges"; "Pickering says judicial confirmation process 'badly needs to be fixed'"; "Few will comment following the event; Some say they were asked not to speak"; and "Foes attack event as intolerant; Rallies' speakers see threats to freedom."

The Lexington Herald-Leader reports that "Religion, politics intersect in 'Justice Sunday'; Louisville church hosts rally against filibuster."

The Stamford Advocate reports that "Red Mass breakfast visited by filibuster controversy."

The San Antonio Express-News reports that "Christians step into filibuster fray."

The Rocky Mountain News reports that "Pulpit, politics mix; Conservatives rally to back elimination of Senate filibusters."

The Philadelphia Inquirer reports that "'Justice Sunday' raises pressure on the GOP."

And CNN.com reports that "Frist speaks to Christian anti-filibuster rally; Other religious leaders call rally a false union of faith, politics."

In commentary, The Portland (Me.) Press Herald contains an editorial entitled "GOP has the right to do business with 51 votes" and an op-ed by Scott Sehon entitled "Filibuster tactic smacks of hypocrisy."

The Intelligencer of Wheeling, West Virginia contains an editorial entitled "Call Liberals' Bluff On Use of Filibuster."

In The Boston Globe, Cathy Young has an op-ed entitled "An ugly new chapter in the religious wars."

And in The Daily Herald of Provo, Utah, Steven Hall has an op-ed entitled "Beware acts of injustice masked as religion."
Posted at 06:55 AM by Howard Bashman



Sunday, April 24, 2005


"In Telecast, Frist Defends His Effort to Stop Filibusters": Monday's edition of The New York Times will contain this article.

In Monday's edition of The Washington Post, Charles Babington will have articles headlined "Frist Urges End to Nominee Filibusters; Democrats Decry Speech at Church Rally" and "Unexpectedly, Capitol Hill Democrats Stand Firm."

In commentary, The Clarion-Ledger of Jackson, Mississippi today contains an editorial entitled "Filibuster follies: What goes around comes around."

The Anchorage Daily News contains an editorial entitled "Religion and politics: When compromise doesn't have a prayer, it's time to say one."

The Register-Guard of Eugene, Oregon contains an editorial entitled "Avoid the nuclear option: Senate headed for mutually assured destruction."

In The Tampa Tribune, columnist Daniel Ruth has an op-ed entitled "Stay Tuned For Next Week's Witch Burning."

In The Pittsburgh Post-Gazette, Law Professor Bruce Ledewitz has an op-ed entitled "The end of American democracy? The Republican majority threatens to alter vital mechanisms of our government."

Finally for now, the organization People For the American Way has today issued a press release titled "Truth Sacrificed by 'Justice Sunday' Speakers; PFAW's Neas Criticizes Continued Religious McCarthyism."
Posted at 11:32 PM by Howard Bashman




"Showdown looms over Bush’s court nominees": This article appears in Monday's edition of The Times of London.
Posted at 08:54 PM by Howard Bashman



Access online the statement of Senate Majority Leader Bill Frist, M.D. (R-TN) at this evening's "Justice Sunday" event: You can access the text online at this link and the video online at this link (RealPlayer required).

Also available online, a transcript of the remarks Patrick J. Leahy (D-VT) delivered Friday on the floor of the U.S. Senate, available via Senator Leahy's web site under the heading "Leahy Denounces Religious Smear Campaign On Judicial Nominations; Urges Republican Senators, White House To Condemn Demagoguery."

And Senator Bob Bennett (R-UT) delivered these quite interesting remarks on the subject of judicial filibusters and the so-called "nuclear option" on the floor of the U.S. Senate on Friday.
Posted at 08:50 PM by Howard Bashman




"Ex-judge urges Americans to 'rise up'": The Louisville Courier-Journal provides a news update that begins:
Hours before appearing as part of "Justice Sunday," one of President Bush's former nominees to the U.S. Court of Appeals encouraged Americans today to "rise up and take action" against filibusters in judicial confirmations -- a tactic that prevented a Senate vote on his nomination.

"People need to be warned of what is going on in the battle for confirmation of judges," said Charles W. Pickering, a senior partner in a law firm in Jackson, Miss., whose nomination to the 5th U.S. Circuit Court of Appeals in New Orleans was blocked from a full Senate vote by Democrats for two years.

And The Associated Press reports that "Judge blocked by filibuster calls it unconstituional tactic."

The Courier-Journal also offers a news update headlined "Rally rebuts GOP stance on filibusters; Ecumenical crowd of 600 says dissenters can be people of faith."
Posted at 08:28 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Frist Takes Filibuster Fight to Church-Backed TV Event."

And today's broadcast of "Weekend Edition - Sunday" contained segments entitled "Dead Marine's Case Sparks Debate over E-Mail Privacy" and "E-Mail Case Raises Questions About Digital Privacy."

RealPlayer is required to launch these audio segments.
Posted at 08:22 PM by Howard Bashman




"Frist Hardens Effort to Stop Filibusters": The Associated Press provides this updated report.
Posted at 08:20 PM by Howard Bashman



"Changing Senate Rules: The 'Constitutional' or 'Nuclear' Option." This recently-updated Congressional Research Service report, which I previously mentioned here, can now be accessed online in PDF format at this link. (Via "Confirm Them.")
Posted at 08:15 PM by Howard Bashman



"The Senate, judges, and the filibuster: As a showdown looms over judicial nominees, both sides of the aisle turn to the Constitution." Warren Richey will have this article in Monday's edition of The Christian Science Monitor.
Posted at 08:11 PM by Howard Bashman



"Frist Says Judges May Be Criticized, Not Threatened": Thomas Ferraro of Reuters provides this report.
Posted at 01:14 PM by Howard Bashman



"Did Martha break house arrest? U.S. Probation Dept. looking into attendance at dinner, New York Post reports": CNN/Money provides this report. The article from today's issue of The New York Post can be accessed here.
Posted at 01:12 PM by Howard Bashman



"Family want Moussaoui to change Sept 11 guilty plea": Reuters provides this report. And The Associated Press reports that "Moussaoui Case May Spark Execution Fight," one involving international law, no less.
Posted at 01:10 PM by Howard Bashman



"Frist Defends Effort to End Filibusters": The Associated Press provides this report.

Newsday reports today that "GOP hopes to strip Democrats of filibuster."

The Baltimore Sun reports that "Filibuster fight may imperil agenda; Fallout in Senate may prove too much for Bush to ignore; 'It will stand in the way of all legislation'; Leaders scrambling to finish what they can ahead of clash."

The Los Angeles Times reports that "Frist Initiative Creates Rift in GOP Base."

The Louisville Courier-Journal reports that "Justice Sunday to air tonight; Filibuster fight cast as an issue of faith."

The San Antonio Express-News contains an article headlined "Passing judgment on activist judges."

The Arkansas Democrat-Gazette reports that "Pryor lauded as gutsy in Senate judicial row; Have right to speak up, evangelicals say."

The State of Columbia, South Carolina (a city I'll be visiting later this week) reports today that "DeMint, Republicans target filibusters; Senator from S.C., others want to stop Democrats from holding up judicial nominations."

The Milwaukee Journal Sentinel reports today that "GOP says Democrats have flip-flopped on filibuster; Feingold voted to curb it 10 years ago; now he says it's essential."

And The News & Observer of Raleigh, North Carolina reports that "Boyle's record stirs ruckus; The North Carolina judicial nominee is at the center of a Senate brouhaha."

In commentary, The Salt Lake Tribune contains an editorial entitled "Whither the filibuster: Republicans should not change Senate rules lightly."

The Philadelphia Inquirer contains an editorial entitled "The Filibuster Rule: Don't drop the bomb."

The Seattle Times contains an editorial entitled "Frist's frisky filibuster."

The Grand Rapids Press contains an editorial entitled "Yes or no on judge nominees."

The Louisville Courier-Journal contains an editorial entitled "Holy war Sunday."

The Arkansas Democrat-Gazette contains an editorial entitled "Mark Pryor's sermon: The war on religion heats up in the U.S. Senate."

In The Maine Sunday Telegram, John W. Porter has an op-ed entitled "Once the filibuster is breached, it's gone."

In The State, Steven Millies has an op-ed entitled "Conservatives for radical change."

In The New York Daily News, John Leo has an op-ed entitled "Rally has me losing faith in pols."

In The Denver Post, columnist Diane Carman has an op-ed entitled "Salazar is the one keeping faith."

In The Oregonian, Garrett Epps has an op-ed entitled "Conservatives in conflict: The Republican far right charges ahead with limits on individual freedoms, trampling the record of the party's libertarians."

In The San Antonio Express-News, David A. Crockett has an op-ed entitled "Nominations no place for filibuster."

Finally for now, in News & Record of Greensboro, North Carolina, Edward Cone has an op-ed entitled "Passing judgment on the nation's judiciary."
Posted at 10:20 AM by Howard Bashman



Saturday, April 23, 2005


Sites offering a bit more advocacy in their coverage of judicial nominations and filibusters: Be sure to check out both "Confirm Them" and "Judging the Future" for two quite different points of view on these issues.
Posted at 11:45 PM by Howard Bashman



"The filibuster fight will be disastrous for the GOP": Dick Morris had this op-ed Wednesday in The Hill.
Posted at 11:44 PM by Howard Bashman



"'Justice Sunday' May Weigh on GOP": This article will appear Sunday in The Los Angeles Times.
Posted at 11:30 PM by Howard Bashman



"Moussaoui Tells Court He's Guilty of a Terror Plot": Neil A. Lewis has this article today in The New York Times, and in Sunday's newspaper he will have an article headlined "Surprise Terror Plea Leaves Unresolved Issues."

The Washington Post today contains articles headlined "Moussaoui Pleads Guilty in Terror Plot; Defendant Says Bin Laden Ordered Post-Sept. 11 Attack on White House"; "Questions Linger on Moussaoui's Role in 9/11"; and "A Mix of Ordinary, Drama at Courthouse; Judge, Moussaoui Are Cordial, Combative."

The Los Angeles Times reports that "Moussaoui Pleads Guilty to Terror Plot; The conspirator denies being involved in the 9/11 attacks, saying Bin Laden chose him for a separate airplane strike on the White House."

The Chicago Tribune contains an article headlined "Moussaoui: 'I am guilty'; 1st conviction in U.S. for Sept. 11 hijacking attacks."

The Boston Globe reports that "Moussaoui pleads guilty to conspiracy; But denies role in 9/11 attacks."

In The Baltimore Sun, Gail Gibson reports that "Moussaoui pleads guilty; French citizen admits al-Qaida link, role in plot to carry out 9/11 attacks."

The Washington Times reports that "Moussaoui pleads guilty."

The Sacramento Bee reports that "Moussaoui admits plotting terror; Frenchman pleads guilty in post-Sept. 11 plan to crash jet into the White House."

Newsday contains an article headlined "Guilty in terror case: Moussaoui admits to conspiracy charges that could get him the death penalty but he denies role in 9/11 plot."

The New York Daily News contains an article headlined "Target: White House."

The Toronto Globe and Mail contains an article headlined "Moussaoui pleads guilty to terror charges; His plan was to crash a Boeing 747 jetliner into the White House, he tells a U.S. court."

Sunday's edition of The Minneapolis Star Tribune will contain an article headlined "How 2 men helped FBI bring down Moussaoui."

And Friday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Moussaoui Pleads Guilty to Conspiring with 9/11 Attackers" (transcript with link to audio).
Posted at 11:10 PM by Howard Bashman




"Va. Court Upholds Muhammad Sentences; Sniper Could Be Sent To Another State": The Washington Post contains this article today.

And The Richmond Times-Dispatch reports today that "Muhammad death sentence upheld; Va. justices unanimous on terrorism-act conviction but split on homicide issue."
Posted at 10:54 PM by Howard Bashman




"Nuking the filibuster: GOP arguments fail smell test." This editorial will appear Sunday in The Minneapolis Star Tribune.

In Sunday's edition of The New York Times, columnist Frank Rich will have an op-ed entitled "A High-Tech Lynching in Prime Time," while Todd S. Purdum will have a Week in Review essay entitled "The Masters of the Maybe."

The Anchorage Daily News today contains an article headlined "Stevens says Cheney would settle tie on filibuster vote; Alaska senator originally thought he would play key role."

Yesterday in The San Diego Union-Tribune, columnist Ruben Navarrette Jr. had an op-ed entitled "Republican majority as victims."

The Bowdoin Orient yesterday contained an essay by Matt Spooner entitled "The fight for filibusters."

And on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer," Mark Shields and David Brooks discussed (transcript with link to audio) the Republicans' proposal to change Senate rules by banning judicial filibusters.
Posted at 10:30 PM by Howard Bashman




"Court: Give birth certificates to gay parents." The Richmond Times-Dispatch today contains this article reporting on a decision that the Supreme Court of Virginia issued yesterday.
Posted at 02:54 PM by Howard Bashman



"Don't Bogart that marijuana case": Michael Kirkland, UPI legal affairs correspondent, has this essay.
Posted at 01:54 PM by Howard Bashman



As of yet, Michael A. Newdow has no comment: Yesterday's edition of The Rocky Mountain News reported that "'Fix' in pledge raises concern; Jeffco school's counselor alters phrase 'under God.'"

Yesterday's issue of The Denver Post reported that "'God'-less Pledge stirs Jeffco school backlash."

And The Washington Times reports today that "Altered Pledge of Allegiance stuns students."
Posted at 01:50 PM by Howard Bashman




"Cheney Yanks White House Into Filibuster Fray; Democrat accuses Bush of breaking his word that the administration would not intervene": This article appears today in The Los Angeles Times.

The Chicago Tribune reports today that "Cheney puts filibuster in cross hairs; VP vows to help end deadlock in Senate; Frist in tough spot."

The Washington Times reports that "Cheney pledges filibuster override."

The Clarion-Ledger of Jackson, Mississippi reports that "Pickering will speak against filibusters at Ky. rally."

The Louisville Courier-Journal reports that "Ministers urge cancellation of 'Justice Sunday'; Group says event mixes faith, politics."

The Lexington Herald-Leader reports that "Ministers protest 'Justice Sunday'; Say Louisville church's anti-filibuster rally based on wrong ideas."

The Kentucky Post reports that "Church telecast challenges filibuster."

The San Antonio Express-News reports that "Senate filibuster fight taking on religious zeal."

The Rocky Mountain News contains an article headlined "Getting an earful of opinions; Thousands voice views to Salazar after Focus attack."

The Lowell Sun reports that "Approval of judicial nominees threatens to stall the Senate."

Investor's Business Daily reports that "GOP Poised To End Judicial Filibusters Soon Despite Risks."

The Denver Post contains an editorial entitled "Senate dispute turns unsettling."

The Detroit Free Press contains an editorial entitled "Church and State: Frist oversteps bounds, ushering religion into filibuster fight."

Today in The Washington Post, columnist Colbert I. King has an op-ed entitled "Hijacking Christianity," while Paul Gaston has an op-ed entitled "Smearing Christian Judges."

In The Houston Chronicle, Marianne Means has an op-ed entitled "Frist is taking the Senate down a path he will regret."

In The Rocky Mountain News, columnist Mike Littwin has an essay entitled "Angry Salazar focuses his wrath on Dobson."

And in The Decatur (Ala.) Daily, James L. Evans has an essay entitled "On judges, filibusters and faith."
Posted at 01:15 PM by Howard Bashman




Available online from National Public Radio: Today's broadcast of "Weekend Edition - Saturday" contained a segment entitled "Judge Accepts Moussaoui Guilty Plea."

And yesterday's broadcast of "All Things Considered" contained segments entitled "Sept. 11 Suspect Moussaoui Changes Plea to Guilty"; "Army Clears Four Officers in Abu Ghraib Abuse"; and "Woman Who Claimed to Find Finger in Chili Arrested."

RealPlayer is required to launch these audio segments.
Posted at 12:54 PM by Howard Bashman




"A Judicious Compromise: Democrats Should Take the First Step to End the Filibuster Fracas." Columnist David S. Broder will have this op-ed Sunday in The Washington Post.
Posted at 08:58 AM by Howard Bashman



"Man sues over flesh in sandwich; Tipp City restaurant's owner named defendant in legal action": This article appears today in The Dayton Daily News.
Posted at 08:55 AM by Howard Bashman


Friday, April 22, 2005


"For Some, Thumb Pain Is BlackBerry's Stain": Saturday's edition of The Washington Post will contain this front page article.
Posted at 11:44 PM by Howard Bashman



"Cheney Backs End of Filibustering": This article will appear Saturday in The New York Times.

Saturday's edition of The Chicago Tribune will report that "Filibuster fight continues in Senate, Cheney voices opinion."

Financial Times will report on Saturday that "Business urges Republicans to avoid move to block filibusters."

The Lexington Herald-Leader reports that "Baptist preachers ask church not to host anti-Democrat rally."

And The Milwaukee Journal Sentinel on Saturday will contain an editorial entitled "Frist can calm the waters."
Posted at 11:40 PM by Howard Bashman




"Moussaoui pleads guilty, plea accepted": Lyle Denniston has this post online at "SCOTUSblog." Lyle's post also includes the text of the admission of guilt that Zacarias Moussaoui signed today and Attorney General Alberto R. Gonzales' statement issued after Moussaoui's guilty pleas were accepted.
Posted at 10:45 PM by Howard Bashman



The Knight Ridder Newspapers are reporting: James Kuhnhenn has articles headlined "Cheney vows to unlock Senate Democrats' filibusters on federal judgeships" and "Filibuster: the Democratic minority's maneuver."

In somewhat related news, "Troubles mount in White House, Bush agenda bogged down."

And an article reports that "Moussaoui pleads guilty to role in 9-11 attacks."
Posted at 10:40 PM by Howard Bashman




Available online from law.com: Tony Mauro has an article headlined "Andersen's Paper Jam: Did Arthur Andersen take a bad rap for tossing documents, or is it Exhibit A for corporate corruption?"

In other news, "Judges, Officials Hold D.C. Summit on Courthouse Security."

And an article reports that "Bid to End Ban on Cameras in Courts Reaches New York High Court; Session includes FOIL requests for state highway records."
Posted at 10:33 PM by Howard Bashman




"Top Gun LA Lawyer Moonlights as Porn Star": Celebrity Justice provides this report, including a photograph of the attorney/porn star and a link to his adult web site, which features enough disclaimers to make most any California lawyer proud. And in other coverage, The Associated Press reports that "Lawyer/porn star must have interesting business card."
Posted at 10:20 PM by Howard Bashman



"Virginia Justices Set Death Sentence in Washington Sniper Case": Adam Liptak will have this article Saturday in The New York Times.
Posted at 10:12 PM by Howard Bashman



"Cheney Enters Fray on Judicial Nominees; Vice President Vows to Ban Filibusters on Judges If His Vote Is Needed to Break a Tie": This article will appear Saturday in The Washington Post.

The New York Times provides a news update headlined "Cheney Enters Filibuster Fight, Backing Change in Senate Rules."

And The Los Angeles Times provides a news update headlined "Cheney Says He'd Vote to End Judge Filibusters; Cheney's decision to take a public stance -- and Reid's vociferous response -- illustrated the heightened emotions on both sides as they gear up for a serious confrontation."
Posted at 09:05 PM by Howard Bashman




Authorities say finger fraudulently found in food: The San Jose Mercury News provides news updates headlined "SJ chief says 'CSI' type of investigation cracked finger case; Police still trying to determine finger's origin"; "Prosecutors must prove finger suspect planned to falsely accuse Wendy's; Attempted grand theft is common charge"; and "Wendy's suspect accused of bilking Sunnyvale janitor."

The San Francisco Chronicle provides a news update headlined "Ayala charged with attempted grand theft in Wendy's finger case."

The Los Angeles Times provides a news update headlined "Police Arrest Chili Finger Finder."

And Saturday's edition of The New York Times will report that "Finger in Chili Is Called Hoax; Las Vegas Woman Is Charged."
Posted at 09:00 PM by Howard Bashman




Justice Sundae: Is it a religious event opposing judicial filibusters or is it an ice cream treat available for purchase at the U.S. Supreme Court's cafeteria? Supposedly C-SPAN will be broadcasting some or all of this Sunday's "Justice Sunday" event, and you can learn much more about the event via this link.
Posted at 05:50 PM by Howard Bashman



"AEI Lochner Event on Video": At "The Volokh Conspiracy," David Bernstein notes here that you can access online via this link the video of an event he participated in today. Law Professor Jeffrey Rosen's video segment is rather funny when he discusses Bernstein's blogging at "The Volokh Conspiracy."
Posted at 05:44 PM by Howard Bashman



"Reid: Bush Lied About White House Role in Nuclear Option." Roll Call offers this news update (subscription required) reporting on the statement entitled "Bush Goes Back on Word and Encourages Irresponsible Abuse of Power" that Senate Minority Leader Harry Reid (D-NV) issued today in response to Vice President Dick Cheney's "Remarks to the Republican National Lawyers Association."
Posted at 05:30 PM by Howard Bashman



"Accused 9/11 Figure Moussaoui Pleads Guilty": James Vicini of Reuters provides this report.
Posted at 04:48 PM by Howard Bashman



BREAKING NEWS -- "Moussaoui Pleads Guilty to Terror Charges": The Associated Press provides this report.
Posted at 04:05 PM by Howard Bashman



In news from Connecticut: Lynne Tuohy of The Hartford Courant has a news update headlined "Ross Ruled Competent" that begins, "Serial killer Michael Ross is mentally competent to forgo further appeals and proceed to his execution May 11, Superior Court Judge Patrick Clifford has ruled." You can access today's ruling at this link.
Posted at 04:00 PM by Howard Bashman



"Retrial of German Cannibal Case Ordered": The Associated Press provides this report.
Posted at 03:25 PM by Howard Bashman



"Ruling Saves Part of D.C. Gun Liability Law; Appeals Court Says Victims May Sue Makers, Sellers of Automatic Weapons": The Washington Post today contains this article reporting on yesterday's en banc ruling of the District of Columbia Court of Appeals.

For even more evidence that this court's name is capable of causing confusion, Jurist's "Paper Chase" offers a post titled "Federal appeals court reinstates suit against gun manufacturers" that begins, "The US Court of Appeals for the District of Columbia Circuit has revived part of 2000 lawsuit against gun manufacturers seeking to hold the companies liable for shootings carried out with automatic weapons."
Posted at 03:12 PM by Howard Bashman




Mr. Vice President, her name is Priscilla Owen, not Patricia Owen: Jesse J. Holland reports that "Cheney Weighs in on Judicial Filibusters." And Reuters reports that "Cheney Vows to Vote to End Judicial Filibusters."

Via C-SPAN, you can view online by clicking here (RealPlayer required) the speech that Vice President Dick Cheney delivered today at the Republican National Lawyers Association 2005 Conference. The Vice President's discussion of judicial nominations and filibusters begins at nine minutes into the video segment.
Posted at 02:44 PM by Howard Bashman




"US business worried by Republicans' filibuster plan": Financial Times provides this report.

The Denver Post reports that "Salazar, Focus escalating salvos; Colo. senator urges Dobson to quit assailing faith of Dems."

The Rocky Mountain News reports that "Salazar lets fly; Focus on Family aims to create theocracy in U.S., senator says." The newspaper has also posted online "Sen. Ken Salazar's letter to Dr. James Dobson."

The Oregonian reports that "Smith urges give, take on nominees."

The written transcript of yesterday evening's segment entitled "Judicial Wars" from PBS's "The NewsHour with Jim Lehrer" can now be accessed here.

The Union Leader of Manchester, New Hampshire today contains an editorial entitled "Filibuster fibs: Both sides are telling them."

And Human Events Online offers an essay by David Limbaugh entitled "The Constitutional Option: What's Really at Stake" and an essay by Oliver North entitled "The GOP Confirmation Train Wreck."
Posted at 02:30 PM by Howard Bashman




"Matt Cooper, Facing Jail, Awaits Appeal to Supreme Court": This article is available online from Editor & Publisher.
Posted at 02:25 PM by Howard Bashman



"Rehnquist Retirement Talk Heats Up as Court's Term Winds Down": Bloomberg News provides this report.
Posted at 02:22 PM by Howard Bashman



"On the Elitism of Blawgs": Lincoln Caplan has this essay in the May | June 2005 issue of Legal Affairs magazine.
Posted at 01:45 PM by Howard Bashman



"Lawyers: Moussaoui Unfit to Plead Guilty." The Associated Press offers this report. Zacarias Moussaoui is scheduled to plead guilty at 3p.m. today, and many members of the press are scheduled to be present. You can access the trial court's docket entries in the case at this link. Stay tuned for continuing coverage.
Posted at 01:38 PM by Howard Bashman



"U.S. asks court to reconsider Schering ruling": Reuters provides this report.
Posted at 01:33 PM by Howard Bashman



"Split Decision: On courts, liberals are more divided than you think." David Fontana has this essay today online at The New Republic.
Posted at 01:28 PM by Howard Bashman



"Tea Break: Should drug laws make exceptions for spiritual highs?" Jacob Sullum today has this essay online at Reason.
Posted at 12:24 PM by Howard Bashman



"Family gets GI's e-mail; They win right to see late son's messages": This article appears today in The Detroit News.

c|net News.Com reports that "Yahoo releases e-mail of deceased Marine; Complying with a court order, Yahoo agreed to give the family of a U.S. Marine killed in Iraq access to the soldier's e-mail."

And The Associated Press reports that "Dead Marine's E-Mail Raises Legal Issues."
Posted at 12:00 PM by Howard Bashman




"Judge Ed Carnes: Judicial Iconoclast." Paul Horwitz has this post online at "PrawfsBlawg" about one of the federal appellate judiciary's best thinkers and writers.
Posted at 11:15 AM by Howard Bashman



Employees' attempts to flee from World Trade Center following 9/11 terrorist attack don't qualify as "business trip," British court decides: This article appears today in The New York Post.
Posted at 10:50 AM by Howard Bashman



"Judicial Wars": You can access here and here (Windows Media Player required) two interesting segments from yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." The second of those two segments contains a detailed discussion of how and when the so-called "nuclear option" could be implemented.
Posted at 10:44 AM by Howard Bashman



"2 Evangelicals Want to Strip Courts' Funds; Taped at a private conference, the leaders outline ways to punish jurists they oppose": This article appears today in The Los Angeles Times.

And today in The Washington Post, columnist Charles Krauthammer has an op-ed entitled "Judicial Insanity."
Posted at 10:30 AM by Howard Bashman




"Va. Court Affirms Sniper's Death Penalty": The Associated Press provides this report on today's ruling of the Supreme Court of Virginia rejecting the appeal of DC-area sniper John Allen Muhammad.
Posted at 10:20 AM by Howard Bashman



"High Court Justice Scalia and Criticism of the Judiciary": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition." Last night, I linked here to C-SPAN's archived online video of the event that is the subject of Totenberg's report.
Posted at 10:10 AM by Howard Bashman



"3 Justices Respond Personally to Criticism of U.S. Judiciary": This article appears today in The New York Times. Last night, I linked here to C-SPAN's online video of the event.
Posted at 07:22 AM by Howard Bashman



Police investigation points finger at woman who claims to have found finger in Wendy's chili: The Las Vegas Review-Journal reports today that "LV woman arrested in finger case; Ayala held on fugitive warrant in chili incident at Wendy's restaurant."

The San Francisco Chronicle reports today that "Woman in finger case arrested; She claimed she found digit in bowl of Wendy's chili."

And The San Jose Mercury News reports that "Woman who said she found finger arrested; She is booked on grand larceny charges linked to S.J. incident."
Posted at 07:15 AM by Howard Bashman




"Senate showdown looms on filibusters; Vote on judges may set off constitutional crisis on Capitol Hill": This article appears today in The San Francisco Chronicle.

The Los Angeles Times reports today that "Votes on Judgeships Move Senate Closer to Going 'Nuclear.'"

The Chicago Tribune reports that "Filibuster fight boils in Senate; Parties intensify war of words on court nominees."

The Washington Times reports that "Senate panel approves two judicial nominees."

In The Pittsburgh Post-Gazette, Michael McGough has an article headlined "Follow your conscience, Specter says; Tells both parties to avoid 'mutual assured destruction' on judge votes."

The Philadelphia Inquirer reports that "Panel backs 2 for court, but nastier battle looms."

The Dallas Morning News reports that "Texas judge reigniting Senate fight; Panel OKs Owen; GOP may alter rules if Dems use filibuster."

The Fort Worth Star-Telegram reports that "Senate faces battle over Bush's court nominees."

The San Antonio Express-News reports that "Senate showdown looms on judges."

The San Jose Mercury News reports that "Round 2 on judge nominee begins; Vote launches new battle over California jurist."

The Mobile Register reports that "Panel delays Pryor vote; no hint of compromise."

The Tennessean reports that "Judicial battle tactic crucial to Frist presidential strategy; Filibuster change could boost or bust candidacy."

The Raleigh News & Observer reports that "Senate near showdown on judges."

The Arizona Republic reports that "Dem video casts McCain as ally."

And The Associated Press reports that "GOP poll finds lack of public support."
Posted at 07:00 AM by Howard Bashman



Thursday, April 21, 2005


Access online this evening's "Constitutional Conversation with Justices Breyer, O'Connor and Scalia, moderated by 'Meet the Press' host Tim Russert": Via C-SPAN, you can now access online by clicking here the video of this evening's event, which I first noted in this post earlier today.
Posted at 11:45 PM by Howard Bashman



"3 justices offer inside look at how they approach their work": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 11:40 PM by Howard Bashman



"Bangor lawyer nominated for high court": The Bangor Daily News contains this article today.
Posted at 11:33 PM by Howard Bashman



"U.S. deports Somali man; Supreme Court ruling finally settled case": This article appears today in The St. Paul Pioneer Press.

And The Minneapolis Star Tribune today contains an article headlined "Minnesota Somali being deported today."

The U.S. Supreme Court's 5-4 ruling in this case earlier this year can be accessed here.
Posted at 11:24 PM by Howard Bashman




"Officials prepared for long hazmat suit": The Washington Times today contains an article that begins, "D.C. officials said yesterday that they are prepared to go to the U.S. Supreme Court with their legal fight to ban trains carrying hazardous materials through the city."
Posted at 11:22 PM by Howard Bashman



"Top court wants more on Lambert appeal; At least one justice is seeking more information from prosecution about convicted killer's case": The Lancaster New Era today contains an article that begins, "Someone at the nation's highest court is curious about Lisa Michelle Lambert. At least one U.S. Supreme Court justice recently asked prosecutors to spell out exactly why the court should not hear Lambert's appeal of her conviction for the 1991 murder of 16-year-old Laurie Show."
Posted at 11:20 PM by Howard Bashman



Available online from law.com: An article reports that "Senate Moves Closer to 'Nuclear Option' on Judicial Nominees; Controversial Bush nominees Priscilla Owen, Janice Rogers Brown get thumbs up from judiciary committee."

And in other news, "Courts Urged to Accept Videoconferencing; Two-way TV videconferencing may be boon for international cases."
Posted at 11:18 PM by Howard Bashman




"Religion at Issue in Judicial Fight": This article will appear Friday in The New York Times.
Posted at 11:15 PM by Howard Bashman



Seems like it was only yesterday that this case was being argued at the U.S. Supreme Court: "Patently-O: Patent Law Blog" has posted here the transcript of yesterday's oral argument in Merck KGaA v. Integra Lifesciences I, Ltd.
Posted at 11:11 PM by Howard Bashman



"O'Connor Dismisses Ado Over Int'l Law": Hope Yen of The Associated Press provides this report.
Posted at 11:00 PM by Howard Bashman



"Senate GOP Sets Up Filibuster Showdown; Two Bush Nominees, Both Women, Sent to Floor for Test Between Republicans and Democrats": This front page article will appear Friday in The Washington Post.

And The Los Angeles Times provides a news update headlined "Senate Moves Closer to Showdown Over Judicial Nominees."
Posted at 10:54 PM by Howard Bashman




"With Party-Line Vote, Committee Sends Two Judicial Nominees to Senate": Neil A. Lewis will have this article Friday in The New York Times.
Posted at 10:02 PM by Howard Bashman



"Senate panel approves controversial judges in tense session": This article will appear Friday in The Philadelphia Inquirer.

The Fort Worth Star-Telegram will report on Friday that "Committee vote pushes Senate closer to 'constitutional crisis.'"

The McClatchy Newspapers report that "Controversial judges get Senate committee approval."

The San Antonio Express-News provides a news update headlined "Republicans move closer to judicial selections."

And you can access online a transcript from today's broadcast of The Rush Limbaugh Show entitled "GOP Just Cannot Act Like the Majority."
Posted at 09:05 PM by Howard Bashman




"Constitutional Conversation with Justices Breyer, O'Connor and Scalia, moderated by 'Meet the Press' host Tim Russert": This program, which I described here earlier today, is now being televised live on C-SPAN2.
Posted at 07:14 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senate Panel Clears Two Judicial Nominees" and "Analysis: History of the Filibuster."
Posted at 07:10 PM by Howard Bashman



In Friday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "Moussaoui: a window on terror trials; Suspect is scheduled to plead guilty Friday in a bizarre case raising questions about how justice system handles terrorism" and "For Senate, jostling for position in 2006; Surprise retirement of Jeffords and trouble around Santorum lead both parties to eye new strategies."
Posted at 05:54 PM by Howard Bashman



"Lay Off Our Judiciary": Former Solicitor General Theodore B. Olson has this op-ed today in The Wall Street Journal. And no, despite the op-ed's title, Olson is not suggesting that members of the judiciary be furloughed.
Posted at 05:30 PM by Howard Bashman



"Senate committee sidelines hearing for N.C. federal judge": The Associated Press reports here that "The Senate Judiciary Committee on Thursday approved two of President Bush's most controversial appeals court nominees while allowing a third, a North Carolina federal judge, to remain sidelined."
Posted at 05:14 PM by Howard Bashman



"Coburn to the Rescue! Stopping a Specter-backed asbestos trust fund." Matt Kibbe has this essay today at National Review Online.
Posted at 05:10 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "Merck to appeal to US high court over drug patent"; "US judge-could order tobacco education spending"; and "U.S. Senator Plans Hearing on Asbestos Fund Bill."
Posted at 05:05 PM by Howard Bashman



"Warner Bros. Wins Lawsuit Over 'Perfect Storm'": Reuters provides this report on a ruling that the Supreme Court of Florida issued today.

The case came before Florida's highest state court on certified question from the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 04:45 PM by Howard Bashman




Anonymous receives good news as intermediate New York State appellate court affirms dismissal of libel claim involving "Primary Colors: A Novel of Politics." You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 04:20 PM by Howard Bashman



"Why Congress Should Pre-Empt Most Lawsuits Against Gun Manufacturers": Eugene Volokh has this interesting post about today's en banc ruling of the District of Columbia Court of Appeals.
Posted at 04:15 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "GOP Eyes 'Nuclear Option' on Filibusters" (featuring Nina Totenberg); "Should the Filibuster Stay or Go?"; and "Crips Founder Seeks 'Redemption' on Death Row." You can hear more from NPR's interview of Stanley "Tookie" Williams by clicking here.
Posted at 03:40 PM by Howard Bashman



The rationale behind the Seventh Circuit's change in the manner in which it makes its opinions available over its web site: As I first noted here yesterday and "The Indiana Law Blog" noted here soon thereafter, the U.S. Court of Appeals for the Seventh Circuit has changed the way it posts its decisions online.

Today an email arrived from someone in the know at the Seventh Circuit explaining that "the Administrative Office of the U.S. Courts is discouraging static links [to opinions] on the ground that they are too easily exploited by mischief-makers." Interesting.
Posted at 03:28 PM by Howard Bashman




"Judiciary Panel Approves Owen, Brown": FOXNews.com provides this report.

Bloomberg News reports that "U.S. Senate Panel Sends Bush Judicial Nominees to Full Senate."

Jesse J. Holland of The Associated Press reports that "Showdown Nears Over Bush Judicial Nominees."

At National Review Online, Sean Rushton has an essay entitled "Filibuster Rules: Then & Now; In 1995, 19 Democrats voted to eliminate all filibusters."

People For the American Way has issued a press release entitled "Nuclear Countdown: Committee Vote on Previously Rejected Nominees Brings Senate One Step Closer to Frist's Fiasco."

And Alliance for Justice has two press releases today: "Alliance for Justice Opposes Nominations of Brown and Owen; Activist Judges Determined to Remake the Law" and "Alliance for Justice Applauds Legal Community's Steadfast Resolve to Preserve Checks and Balances." In connection with the second of those two press releases, you can access online three letters released today addressed to Senate Majority Leader Bill Frist, M.D. (R-TN): "Law Professors' Letter"; "Law Students' Letter"; and "Legal Luminaries' Letter." At "The Volokh Conspiracy," "Juan Non-Volokh" comments here on the law professors' letter.
Posted at 02:50 PM by Howard Bashman




"US court declines to reconsider Merck drug patent": Reuters provides this report on an order denying rehearing en banc that the U.S. Court of Appeals for the Federal Circuit issued today. A dissent accompanies today's order.
Posted at 12:37 PM by Howard Bashman



"Senate Panel OKs Bush Judicial Nominees": Jesse J. Holland of The Associated Press reports here that today the Senate Judiciary Committee voted 10-8, along party lines, to recommend to the full U.S. Senate the approval of D.C. Circuit nominee Janice Rogers Brown and Fifth Circuit nominee Priscilla R. Owen.

The article also notes that "North Carolina judge Terrence W. Boyle, a former aide to retired Sen. Jesse Helms, R-N.C., who expected a committee vote as well, was held over after Sen. Edward Kennedy, D-Mass., requested extra time to review some of his rulings as a U.S. District judge."
Posted at 12:30 PM by Howard Bashman




"Senate Judiciary Committee Approves Brown, Owen": Robert B. Bluey provides this report at Human Events Online.
Posted at 12:17 PM by Howard Bashman



"In Defense of 'Judicial Tyranny': The religious right's court-unpacking scheme." Julian Sanchez has this essay online at Reason.
Posted at 12:15 PM by Howard Bashman



En banc District of Columbia Court of Appeals reinstates strict liability claim against manufacturers and distributors of firearms in lawsuit seeking to hold those defendants liable for deaths and injuries sustained in gun-related crimes: You can access today's en banc ruling at this link.
Posted at 12:02 PM by Howard Bashman



"Senate Panel OKs Bush Judicial Nominee": Jesse J. Holland of The Associated Press provides this updated report.
Posted at 11:20 AM by Howard Bashman



In today's edition of The Sacramento Bee: Claire Cooper, legal affairs writer for The SacBee, has an article headlined "Bull or not, cow ads OK; State high court steers clear of cheese marketing credibility" that begins:
The state Supreme Court on Wednesday dealt the death blow to an animal-rights case that raised the age-old question: How now brown cow? The world may never know the answer.

Without so much as a moo, the justices turned down an appeal that challenged the legality of California's "happy cows" advertisements -- those bucolic television and billboard scenes of laid-back cows, grazing in the green, green grass.

In other news, "Bill aims to settle claims on asbestos."

And an article reports that "Inmate wields blog in deportation fight." You can access the blog in question at this link.
Posted at 11:12 AM by Howard Bashman




"Senate tempest over judges drawing closer; California Justice among divisive nominees expected to win committee's approval today": This article appears today in The San Jose Mercury News.

And The Sacramento Bee reports today that "Panel's vote on judgeships could spark Senate slugfest; GOP maneuver could squash Democrats' threatened filibuster."
Posted at 10:50 AM by Howard Bashman




"Constitutional Conversation with Justices Breyer, O'Connor and Scalia, moderated by 'Meet the Press' host Tim Russert": This program -- sponsored by the National Constitution Center, The Aspen Institute, and the National Archives and Records Administration -- is scheduled to get underway at 7 p.m. this evening at the National Archives in Washington, DC. For those unable to attend in person, C-SPAN3 is scheduled to broadcast the event live online. And once C-SPAN makes the video available online, on demand, I'll be sure to post a link here.
Posted at 10:25 AM by Howard Bashman



"Senate Panel Set to OK 2 Bush Nominees": Jesse J. Holland of The Associated Press provides this report.
Posted at 10:11 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Judicial Nominations Could Trigger Filibuster Fight" (featuring Nina Totenberg) and "Jeffords Decides Not to Seek Fourth Term." RealPlayer is required to launch these audio segments.
Posted at 10:04 AM by Howard Bashman



"Senator Frist and Representative DeLay's Claims of Supreme Court Judicial Activism and Anti-Religion Bias: Why They Aren't Persuasive." FindLaw commentator Marci Hamilton has this essay today.
Posted at 08:42 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has an article headlined "State justices refuse PETA a hearing on the life of cows" that begins, "Whether the cows in a state milk board's ads are really happy is apparently none of the California courts' business." And in other news, "Cough syrup no defense; Supreme Court upholds loss of license of girl, 16."
Posted at 08:40 AM by Howard Bashman



The agenda for this morning's executive business meeting of the Senate Judiciary Committee can be accessed here: Four nominees to the U.S. Courts of Appeals are on the agenda, and three are likely to be voted out of committee today.
Posted at 08:30 AM by Howard Bashman



"Schumer Blasts Proposed Hearings On Judges' Conduct": Luiza Ch. Savage has this article today in The New York Sun.
Posted at 07:50 AM by Howard Bashman



"Senate Scrap Over Judges Is Frist's Fight; The majority leader's presidential aspirations may influence action on a filibuster rule change": The Los Angeles Times contains this article today.

The Boston Globe reports today that "Ad wars mount as Republicans ready ban on Senate filibusters."

The St. Louis Post-Dispatch reports that "Obama is reluctant to defend filibuster in judicial battle."

The Arkansas Democrat-Gazette reports that "Pryor sees rash use of religion by groups; Swats at filibusters disappoint, he says."

The Times-Picayune reports that "GOP Senate freshmen push to end judicial filibusters; Democratic minority blocked Bush's picks."

The Denver Post reports that "Sen. Salazar, Focus spar over judicial nominations."

The Rocky Mountain News reports that "Salazar slams Focus; Senator calls group's political tactics over judges 'un-Christian.'"

The Island Packet contains an article headlined "DeMint: GOP close to filibuster change."

In commentary, The Philadelphia Daily News today contains an editorial entitled "Will Specter save the GOP from itself? Senator can keep the party from blowing itself up over the filibuster."

The Allentown (Pa.) Morning Call contains an editorial entitled "Spirit of Senate bipartisanship would be obliterated with filibuster rule change."

In The Washington Post, columnist David S. Broder has an op-ed entitled "The Appeal of A Court Fight."

In The New York Times, columnist David Brooks has an op-ed entitled "Roe's Birth, and Death."

In The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "The Republicans' new perspective on the filibuster."

In The Houston Chronicle, columnist Cragg Hines has an op-ed entitled "For Owen rerun, Specter takes up role of Bush shill."

In The Denver Post, columnist David Harsanyi has an op-ed entitled "Sen. Salazar takes judicial turn."

In The Chicago Sun-Times, columnist Robert Novak has an op-ed enititled "Liberals once sang different tune on filibusters."

In The Louisville Courier-Journal, Joseph Phelps has an op-ed entitled "A tale of two churches."

At Townhall.com, columnist Cal Thomas has an essay entitled "Religious 'intolerance' cuts both ways."

And today in The Daily Texan, Kevin Jones has an op-ed entitled "Far right alienates moderate Christians."

Finally for now, yesterday the organization People For the American Way issued both a news release entitled "Boyle Testimony Confirms Opponents' Fears; PFAW Analysis of Judiciary Committee Hearing Shows Severe Lack of Credibility and Radical Record Make Boyle Unfit to Serve on Fourth Circuit" and a related report entitled "Committee Hearing Reinforces Case that Terrence Boyle is Unfit for Promotion to the Fourth Circuit Court of Appeals."
Posted at 07:40 AM by Howard Bashman




"Biotech patents an issue for court; Justices hear arguments involving S.D. entities": This article appears today in The San Diego Union-Tribune.
Posted at 07:20 AM by Howard Bashman


Wednesday, April 20, 2005


Lyle Denniston is reporting online at "SCOTUSblog": Today, he has posts titled "Judge: Moussaoui competent to plead guilty"; "Huge tobacco case seems Court-bound"; and "Analysis: Reversal coming in patent case?"
Posted at 11:55 PM by Howard Bashman



"Santorum reads nuke polls, applies the brakes": Thursday's edition of The Hill will contain an article that begins, "Sen. Rick Santorum (R-Pa.), a leading advocate of the 'nuclear option' to end the Democrats' filibuster of judicial nominees, is privately arguing for a delay in the face of adverse internal party polls."

The McClatchy Newspapers report that "Congressional showdown over judicial nominees could begin Thursday."

Thursday's edition of The Dallas Morning News will report that "Filibuster issue leads to rallies; Right, left aim to seize moral ground in dispute on judicial nominations."

Thursday's edition of Financial Times contains an article headlined "Republican politicking muddies fight on judicial posts" and an editorial entitled "Trouble on the Hill."

From South Dakota, The Associated Press reports that "U.S. Senate battle over rules could risk state highway money."

The Jewish Week reports that "Judicial Wars Turning Uglier: With showdown over nominees nearing, conservatives' message that 'religion is under attack' is rankling Jewish leaders and Democrats."

The Scripps Howard News Service reports that "Salazar calls tactics of Focus on the Family 'un-Christian.'"

Washington Square News reports that "Filibusters topic of debate at law school." Participating in the debate were Nan Aron and Bruce Fein, while Adam Cohen of The New York Times Editorial Board served as moderator.

In commentary, The Montgomery Advertiser today contains an editorial entitled "Playing 'religion card' misguided tactic."

The Pitt News today contains an editorial entitled "Faith-based anti-filibuster campaign a bust."

The Chattanooga Times Free Press contains an editorial entitled "Bill Frist's demagoguery."

The Tennessean yesterday contained an editorial entitled "Dangerous mix of faith into filibuster debate."

The News Tribune of Tacoma, Washington yesterday contained an editorial entitled "GOP’s Frist should shun dirty attack on judiciary."

Last Friday, The Peoria Journal Star contained an editorial entitled "Wrong to discard Senate filibuster."

Today in The New York Observer, columnist Joe Conason has an essay entitled "Frist and allies use piety for profit; Republicans morph opposition of judicial nominees into 'war on people of faith.'"

Columnist James Lileks has an essay entitled "This Time, McCain Doesn't Get a Pass."

Today in The Christian Science Monitor, Jonathan Zimmerman has an op-ed entitled "Losing our religion."

In the current issue of The Forward, Rabbi Arthur Waskow has an essay entitled "Thou Shalt Not Revile the Judges."

Yesterday in The Pittsburgh Post-Gazette, columnist Tony Norman had an op-ed entitled "Christians in lion's clothing."

Finally for now, James Ridgeway's current "Mondo Washington" column online at The Village Voice is entitled "The GOP's Fright Wing: DeLay and Frist light the torches for a crusade against 'activist' judges."
Posted at 11:22 PM by Howard Bashman




"Finally, Miller and Cooper Turn to the Supreme Court": Editor & Publisher offers this report today.
Posted at 11:08 PM by Howard Bashman



"GOP Frets Over Public's Economic Worries": Thursday's edition of The Washington Post will contain a front page news analysis piece that begins, "Inflation and interest rates are rising, stock values have plunged, a tank of gas induces sticker shock, and for nearly a year, wages have failed to keep up with the cost of living. Yet in Washington, the political class has been consumed with the death of a brain-damaged woman in Florida, the ethics of the House majority leader, and the fate of the Senate filibuster."
Posted at 11:05 PM by Howard Bashman



"2 Winona High students at center of hot-button issue": Thursday's edition of The Minneapolis Star Tribune will contain an article that begins, "Two Winona High School students have found themselves in hot water with school officials. Why? Because after Carrie Rethlefsen attended a performance of the play 'The Vagina Monologues' last month, she and Emily Nixon wore buttons to school that read: 'I [heart] My Vagina.'"
Posted at 11:00 PM by Howard Bashman



In Thursday's edition of The New York Times: Neil A. Lewis will have an article headlined "For Republicans, 2 Women Are Exhibits A and B in Battle on Judicial Appointments."

In other news, "Pentagon Considers Changing The Legal Definition of Sodomy."

An article will report that "Judge Rules 9/11 Defendant Is Competent to Plead Guilty."

And finally for now, "Jeffords to Leave the Senate, Setting Off Vermont Scramble."
Posted at 10:50 PM by Howard Bashman




Also available online from law.com: In addition to Tony Mauro's article noted in the post immediately below this one, the following law.com articles are also available online tonight.

An article reports that "Ex-Gulf War POWs Plead Their Case to Supreme Court; Former hostages say they should have right to sue Iraq for torture sustained during Persian Gulf War."

Jonathan Ringel has a very interesting article headlined "11th Circuit Judge Stands Ground on Sentencing Rules; Judge Edward E. Carnes fights criticism from colleagues, 7th Circuit."

Jeff Chorney reports that "Deputy AG Comey to Step Down."

And in news from California, "Ex-Partners Sue Townsend for Cut of Fees."
Posted at 10:44 PM by Howard Bashman




"Two High Court Justices Un-Recuse From Key Patent Case": Tony Mauro has this interesting essay online at law.com.
Posted at 10:05 PM by Howard Bashman



Someone identified as "a judge" uses the internet to defend Tom DeLay's comments condemning judges for using the internet: Something about this anonymous email posted at "The Corner" strikes me as fishy. Maybe it's the anonymous emailer's use of "appellant judges" where he or she clearly means "appellate judges"?
Posted at 10:00 PM by Howard Bashman



"Republicans pushing swift confirmation for Pryor": The Associated Press provides this report.
Posted at 09:04 PM by Howard Bashman



"Man arrested for alleged threats against B'klyn federal judge": This article appears today in New York Newsday.
Posted at 08:50 PM by Howard Bashman



News updates available online from The Los Angeles Times: An article reports that "Moussaoui Guilty Plea to Be OKd."

In other news, "Jeffords Won't Seek Re-Election to Senate."

And in local news, "L.A. Gang Member Sentenced to Die; Defendant tells judge they would meet 'in hell'; Judge says he killed 'for sport.'"
Posted at 08:45 PM by Howard Bashman




"7th Circuit makes linking difficult! And worse!" Marcia Oddi has this post today at "The Indiana Law Blog."
Posted at 06:05 PM by Howard Bashman



"Judge Brotman looks back on decades of serving V.I. through storm and change": This article appeared last Thursday in The Virgin Islands Daily News.
Posted at 05:45 PM by Howard Bashman



"Sen. Kennedy reaches out to the netroots": The blog "Blue Mass. Group" offers this "nuclear option"-related post.
Posted at 05:10 PM by Howard Bashman



Available online from The Associated Press: Hope Yen reports that "High Court Skeptical on Drug Patent Ruling."

In other news, "Court Closes Arguments in FBI Case."

And an article reports that "Moussaoui Could Face the Death Penalty."
Posted at 05:02 PM by Howard Bashman




"Supreme Court Reins In Suits By Shareholders": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 04:44 PM by Howard Bashman



Access online the agenda for tomorrow morning's executive business meeting of the Senate Judiciary Committee: The agenda can be accessed here. You will note that Eleventh Circuit Judge William H. Pryor, Jr. appears on this week's agenda, meaning that if he is not voted out of committee tomorrow, he will be due to be voted out of committee at the next executive business meeting after tomorrow's.
Posted at 04:10 PM by Howard Bashman



"Nuclear option meltdown": T. Bevan has this post today at the RealClearPolitics.com "Commentary" blog.
Posted at 04:05 PM by Howard Bashman



"Frist's Folly: The Senate filibuster is inherently conservative; That's why we need it." Jacob Weisberg today has this essay online at Slate.
Posted at 03:55 PM by Howard Bashman



Access online the Solicitor General's reply brief in the Solomon Amendment case: The reply brief is now available at this link. The other materials filed with the U.S. Supreme Court can be accessed via this post of mine from yesterday. The case is scheduled to be conferenced on April 29, 2005, and thus we may learn whether review has been granted as early as Monday, May 2, 2005. I continue to believe that the Supreme Court is very likely to accept this case for review.
Posted at 03:24 PM by Howard Bashman



"Canada Approves Cannabis Spray; The drug will be used to treat pain from multiple sclerosis; Medicinal marijuana advocates see decision as furthering their cause in the U.S." This article appears today in The Los Angeles Times.
Posted at 03:18 PM by Howard Bashman



"Sen. Jeffords Won't Seek Re-Election": The Associated Press reports here that "Sen. Jim Jeffords, an independent who triggered one of the most dramatic upheavals in U.S. Senate history when he quit the GOP four years ago, announced Wednesday he would retire at the end of his term next year, citing his and his wife's health."
Posted at 02:32 PM by Howard Bashman



An international law ruling that Tom DeLay might applaud: Reuters has a report headlined "Italian Court Rules Woman's Feeding Tube Must Stay" that begins, "Italy's Supreme Court on Wednesday rejected a man's appeal to remove a feeding tube keeping his daughter alive, weeks after a bitter row over brain-damaged Terri Schiavo divided the United States."
Posted at 02:22 PM by Howard Bashman



Hear Tom DeLay on the internet discussing international law: You can listen to his interview yesterday on Tony Snow's Fox News Radio program by clicking here (Windows Media Player). Congressman DeLay begins discussing the judiciary at approximately 10 minutes and 30 seconds into the broadcast. Delay's discussion of Supreme Court Justice Anthony M. Kennedy runs from 11:40 to 12:00. (Thanks to "Qroncy" for the direct link to the audio.)
Posted at 02:15 PM by Howard Bashman



"The case is a symphony of frivolousness." So writes Seventh Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, in a must-read attorney sanction opinion issued today.

On a somewhat unrelated note, the Seventh Circuit recently changed the way that its opinions are made available over the internet. Compare the link that I have provided to the opinion in the preceding paragraph of this post to the link that appears in your web browser's window once the file opens. I'd be curious to hear from any readers who can explain why a court would have its opinions open at what appear to be "temporary" link addresses that will prove useless to anyone who later wants to revisit the decisions. Or am I simply ignorant about what's going on here?
Posted at 02:00 PM by Howard Bashman




"Accused 9/11 Conspirator to Plead Guilty Friday": Reuters provides this report. This will be Moussaoui's second attempt at pleading guilty, and according to Reuters the hearing is scheduled to begin at 3:30 p.m. eastern daylight time this Friday. A copy of the federal district court's docket entries in this case can be accessed here.

Zacarias Moussaoui's first attempt to plead guilty occurred on July 25, 2002, and it concluded with the trial court's rejection of the guilty plea, as I reported here that afternoon. Later that day, I linked here to a transcript of that day's guilty plea proceedings.
Posted at 01:45 PM by Howard Bashman




The Associated Press is reporting: An article reports that "Judge to Accept Moussaoui's Guilty Plea." And Hope Yen reports that "Supreme Court Reviewing Drug Patents."
Posted at 12:20 PM by Howard Bashman



"Placer deputies face trial linked to pot raids in '90s": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 12:15 PM by Howard Bashman



"Court Won't Rehear Tobacco Penalty Ruling": Reuters provides this report. And The Associated Press reports that "Court Nixes U.S. Request in Tobacco Trial."
Posted at 11:48 AM by Howard Bashman



In news from Washington State: The Seattle Post-Intelligencer today contains articles headlined "Court agrees Arco biased against Sikh-owned contractor; But $5 million damage award found too high" and "GOP analysis gives Rossi 100-vote win; But Democrats say state law doesn't allow counting like that."

And The Seattle Times today contains an article headlined "Snohomish district lifts suspension over T-shirt" that begins, "The Snohomish High School student who was suspended for wearing a 'SNOHOS' T-shirt to school in February will be allowed to wear the shirt to school after all."
Posted at 11:44 AM by Howard Bashman




"Court Blocks Ban on Risky Trains in D.C.": The Associated Press provides this report about an order that a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 10:40 AM by Howard Bashman



"Slate's Jurisprudence: A Public Balancing Act for Judges." This interesting segment (featuring Emily Bazelon) about judges who speak out in public appeared on yesterday's broadcast of NPR's "Day to Day." RealPlayer is required to launch the audio segment.
Posted at 10:35 AM by Howard Bashman



"Sleepy Juror Gets Rude Awakening": This article appears today in The Los Angeles Times.
Posted at 10:30 AM by Howard Bashman



DeLay disclaimer -- this post discusses foreign law that I learned about by using the internet: In appellate news from the Supreme Court of Cambodia, The Associated Press offers a report headlined "Brewery Claims Victory Over Anheuser-Busch" that begins, "Czech brewery Budejovicky Budvar said Wednesday it won the latest round of its global legal battle against U.S. beer giant Anheuser-Busch Ltd., gaining the right to sell its beer under its original brand names in Cambodia. The company said Cambodia's Supreme Court ruled in favor of the Czech brewery earlier this month in a case dating back to 2000." The web site of Budejovicky Budvar can be accessed here. The web site of the Supreme Court of Cambodia does not appear to exist.

And in other news from Cambodia, Reuters reports that "30 Years After 'Year Zero,' Cambodia Seeks Justice."
Posted at 10:15 AM by Howard Bashman




"Bush nominee imperils disabled citizens' gains": Today in The Baltimore Sun, Jim Ward has this op-ed about Fourth Circuit nominee Terrence W. Boyle. Thanks to the "Disability Law" blog for the pointer.
Posted at 09:58 AM by Howard Bashman



Happy anniversary! I can't let the day pass by without noting that today is the one-year anniversary of the date on which legalaffairs.org began hosting this blog.
Posted at 09:54 AM by Howard Bashman



"Supreme Court to discuss MHSAA case on April 29": The Detroit Free Press today contains an article that begins, "The Michigan High School Athletic Association should know by May 2 if the U.S. Supreme Court will hear its appeal of a gender-equity lawsuit, which could force the association to change the seasons in which several sports are played."
Posted at 08:50 AM by Howard Bashman



"Court hears Ohio death-row case": Michael McGough has this article today in The Toledo Blade.
Posted at 08:48 AM by Howard Bashman



"Piercing case review sought": The Republican of Springfield, Massachusetts today contains an article that begins, "A woman who was fired by Costco Wholesale Corp. in West Springfield in 2001 for refusing to remove her eyebrow ring is seeking a review of her case by the U.S. Supreme Court."
Posted at 08:45 AM by Howard Bashman



"DeLay amplifies knocks on judges; International law and Web shouldn't sway Kennedy's decisions, he says": This article appears today in The Houston Chronicle.
Posted at 07:24 AM by Howard Bashman



"Lobby urges Specter to keep filibuster intact": The Pittsburgh Post-Gazette today contains an article that begins, "As the Senate's Republican leaders draw closer to calling a vote on the controversial rule change that would essentially strip minority Democrats of their ability to block controversial judicial nominees, a liberal group today will begin targeting Pennsylvania's Republican Sen. Arlen Specter through TV ads running in the Keystone State." I, for one, will be shocked if Senator Arlen Specter (R-PA) votes in favor of the so-called "nuclear option."

Online at Slate, Chris Cillizza has an essay entitled "The Rules of the Senate: What they are, why they matter, and how they'll figure in the filibuster fight."

Yesterday, The Virginian-Pilot contained an editorial entitled "The high road on filibusters."

In The Denver Post, columnist Al Knight has an op-ed entitled "Common ground elusive in U.S. Senate."

In The Oregonian, columnist David Sarasohn has an essay entitled "Right wing to the judiciary: Judge Not."

In The Dallas Morning News, Mark Davis has an essay entitled "Politics can have a place at the pulpit, too."

In The Boston Herald, Guy Darst has an essay entitled "Courts still need restraint."

And in The Orion of California State University Chico, Gregory Leben has an op-ed entitled "Filibuster debate goes on and on."
Posted at 07:15 AM by Howard Bashman




"Justices Raise the Bar on Stock Fraud Cases; A plunge in share price is not grounds for a suit even if investors were lured by a company's inflated claims, the Supreme Court rules": David G. Savage has this article today in The Los Angeles Times.

In USA Today, Joan Biskupic reports that "Supreme Court overturns investor-friendly ruling on securities fraud."

In Financial Times, Patti Waldmeir reports that "Court refuses to make securities fraud suits easier."

The San Diego Union-Tribune reports that "Drugmaker wins in stock fraud lawsuit; Supreme Court declines to ease standard on claims."

And The San Francisco Examiner reports that "High court keeps securities fraud standard."
Posted at 07:02 AM by Howard Bashman




"High Court Is Set to Hear Case of Research vs. Patents": This article appears today in The Los Angeles Times.

The Boston Globe reports today that "Drug makers see high stakes in patent fight; Case could affect future of industry."

The News & Observer of Raleigh, North Carolina reports that "Patent case arrives at top; High court may affect drug companies."

And Hope Yen of The Associated Press reports that "Supreme Court Reviews Drug Patents."
Posted at 06:55 AM by Howard Bashman



Tuesday, April 19, 2005


"When You Can't Beat 'Em: Since everyone wants to kill Moussaoui, he'd be nuts not to agree." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 11:58 PM by Howard Bashman



In Wednesday's edition of The Washington Post: An article will report that "Reporters Lose In Appeals Court; Leak Case May Lead to Jail."

And in other news, "DeLay Takes Fight to Talk Radio." You can access the audio from this interview via this link.
Posted at 11:54 PM by Howard Bashman




In news from Colorado: The Denver Post reports today that "Justices say shop owner not liable for sex assault." And The Rocky Mountain News reports today that "Colorado high court tosses award in sex-assault suit; 6-1 ruling says business not liable in 1997 attack." You can access yesterday's ruling of the Supreme Court of Colorado at this link.

In other news, The Denver Post reports today that "2 killers spared in high court's ruling on '02 sentencing law." You can access yesterday's rulings of the Supreme Court of Colorado here and here.

In news pertaining to the denial of reconsideration, The Denver Post reports today that "High court won't reconsider Auman decision." And The Rocky Mountain News reports that "Court upholds Auman decision; DA must decide on retrial, plea bargain or further appeal."

Finally, Colorado's Supreme Court has also refused to reconsider its recent decision setting aside a death sentence due to jurors' use of a Bible during sentencing deliberations. The Rocky Mountain News reports today that "Justices stand by Harlan ruling."
Posted at 11:45 PM by Howard Bashman




"Supreme Court back on gender equity case": This article about alleged gender discrimination in high school sports appears today in The Grand Rapids Press.
Posted at 11:28 PM by Howard Bashman



Yes, no, maybe so? Yesterday, the U.S. Supreme Court granted review in a search warrant case from Georgia. The question presented involves whether police can enter a home to conduct a warrantless search if one spouse consents but the other does not. I first reported on the Supreme Court of Georgia's ruling in the case last November in a post that you can access here.

In local coverage of that ruling, The Americus Times-Recorder reported last November that "State Supreme Court rules drug search illegal."
Posted at 11:22 PM by Howard Bashman




Also in Wednesday's edition of The New York Times: Tomorrow's newspaper will also contain articles headlined "As Vote on Filibuster Nears, G.O.P. Senators Face Mounting Pressure" and "DeLay Outlines Strategy Against Federal Judges."
Posted at 11:15 PM by Howard Bashman



"High Court Limits Stock Fraud Lawsuits; A plunge in a stock's price does not demonstrate fraud, justices say, even if investors were lured by inflated claims": David G. Savage has this news update online at The Los Angeles Times.
Posted at 10:22 PM by Howard Bashman



In Wednesday's edition of The New York Times: Adam Liptak will report that "2 Reporters Suffer Another Court Setback."

John Kifner will have an article headlined "10 Years After Bombing, Oklahoma City Remembers."

And in other news, "Sept. 11 Suspect May Be Set to Admit Guilt."
Posted at 10:20 PM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Supreme Court Rejects Looser Standard for Stock Fraud Suits."

And in news from New York City, "Threats Against Federal Judge, Courthouse Lead to Arrest."
Posted at 10:08 PM by Howard Bashman




"Weighing property rights": This past Sunday, Nancie G. Marzulla, president of the Defenders of Property Rights, had this op-ed in The Washington Times. In the op-ed, Marzulla writes, "Now the U.S. District of Columbia Circuit Court of Appeals is considering a full court, or en banc, review of a case (Stearns v. the United States) that could prove as pivotal as any before the highest court."

If true, the quoted sentence contains remarkable news, because Stearns Co. v. United States was recently decided by the U.S. Court of Appeals for the Federal Circuit. Thanks much to a reader for the pointer.
Posted at 09:10 PM by Howard Bashman




Tenth Circuit Judge Michael W. McConnell issues decision rejecting Commerce Clause challenge to homemade child pornography conviction: You can access today's ruling, on behalf of a unanimous three-judge panel, at this link. The discussion of this issue, as to which other circuits have divided, begins on page 22 of the decision.
Posted at 08:55 PM by Howard Bashman



Available online from The Associated Press: Jesse J. Holland of The Associated Press has a report headlined "DeLay Slams Supreme Court Justice" that begins, "House Majority Leader Tom DeLay intensified his criticism of the federal courts on Tuesday, singling out Supreme Court Justice Anthony Kennedy's work from the bench as 'incredibly outrageous' because he has relied on international law and done research on the Internet."

And in other news, "Judge Weighs Moussaoui's 9/11 Guilty Plea."
Posted at 08:54 PM by Howard Bashman




"Court Declines Case of Reporters in Leak Case": Adam Liptak of The New York Times provides this news update.
Posted at 07:40 PM by Howard Bashman



"Who Are the Top 20 Legal Thinkers in America?" legalaffairs.org posts the results of its online poll.
Posted at 07:30 PM by Howard Bashman



"Let the Filibuster Die: Why Bill Frist's 'nuclear option' doesn't go far enough." Timothy Noah has this chatterbox essay online at Slate.
Posted at 07:20 PM by Howard Bashman



"Court Reviews Rights in Death Penalty Case": The Associated Press provides this report.
Posted at 06:00 PM by Howard Bashman



"Lawsuit targets Williams for ouster; It is unconstitutional to serve both as Rhode Island chief justice and as a member of a military review panel, a lawyer asserts": Two Saturdays ago, The Providence Journal published an article that begins, "A lawsuit filed Thursday claims that Frank J. Williams is no longer chief justice of the Rhode Island Supreme Court because he is on the military review panel that will hear appeals from suspected terrorists in Guantanamo Bay, Cuba. The suit cites a section of the Rhode Island Constitution that says that 'if any general officer, senator, representative or judge shall, after election and engagement, accept any appointment under any other government, the office under this shall be immediately vacated.'"
Posted at 05:08 PM by Howard Bashman



U.S. Court of Appeals for the Eleventh Circuit denies rehearing en banc on Booker plain error standard: So why, then, is the document containing the order ninety-two pages long? Because Circuit Judges Gerald Bard Tjoflat and Rosemary Barkett have appended dissents from the denial of rehearing en banc, and Circuit Judge Ed Carnes has appended a concurrence in which he responds to those dissents.
Posted at 05:00 PM by Howard Bashman



"Case embroiled in controversy after Wilson judge had ordered her to learn English": The Tennessean contains this article today.
Posted at 04:42 PM by Howard Bashman



"Three judges are flash points in Senate clash; A vote on their nominations Thursday could lead to long-awaited showdown over the federal courts": This article will appear Wednesday in The Christian Science Monitor.

People For the American Way today issued a press release titled "With Frist's Finger on the 'Nuclear' Button, PFAWF Launches New Ad; Republican Firefighter Returns to Washington to Save the Filibuster." You can access the new ad via this link.

Focus on the Family today issued a press release titled "Focus on the Family Action Launches Judical Filibuster Ad Campaign." The press release provides links to the ads.

The Committee for Justice yesterday issued a press release titled "Gonzales Never Accused Priscilla Owen of Judicial Activism."

The Coalition for a Fair and Independent Judiciary today issued a press release titled "Law Students, Law Professors, Legal Luminaries Rally Nationwide to Protect the Filibuster; Legal Professionals Will Present Thousands of Letters to Senate Leadership."

And Project 21 today issued a press release titled "Black Activists Criticize NAACP for Filibuster Flip-Flop; Group Now Supports Senate Tactic That Hobbled Civil Rights Legislation."
Posted at 04:25 PM by Howard Bashman




"Insurers Want to Change Asbestos Bill": Reuters provides this report.
Posted at 04:12 PM by Howard Bashman



"Garrow on Blackmun and law clerks": Mark Tushnet has this post at "Balkinization."

At "The Volokh Conspiracy," Jim Lindgren has a post titled "Blackmun a Clerk to His Clerks."

At Reason's "Hit and Run" blog, Jesse Walker has a post titled "Pay No Attention to Those Clerks Behind the Curtain."

The article to which they are responding is available here.
Posted at 04:00 PM by Howard Bashman




"Police arrest porn star who ran for governor": This article appears today in The News Tribune of Tacoma, Washington.
Posted at 03:54 PM by Howard Bashman



"Bills target abortion clinics": The St. Petersburg Times contains this editorial today.
Posted at 03:50 PM by Howard Bashman



"Five years later, Elian, now 11, is living a 'normal' life": This article appeared Sunday in The South Florida Sun-Sentinel.
Posted at 03:48 PM by Howard Bashman



"Center Court: There really are vast differences among the Supreme Court's five conservatives; And that's exactly what Bush hopes he can eliminate." Simon Lazarus has this essay in the May 2005 issue of The American Prospect.
Posted at 02:28 PM by Howard Bashman



The Solititor General's Office files its reply brief in support of its petition for writ of certiorari seeking review of the Third Circuit's ruling in the Solomon Amendment case: Once I receive a copy of (or a link to) the reply brief in PDF format, I will post it online. For now, you can access online the cert. petition, the appendix thereto, an amicus brief filed by the Mountain States Legal Foundation, the brief in opposition, and the Third Circuit's ruling.
Posted at 02:25 PM by Howard Bashman



"New York Man Arrested for Threatening U.S. Judge": Reuters provides a report that begins, "A New York man was arrested on Tuesday for threatening to kill a Brooklyn federal judge and bomb his courthouse amid growing concern about the safety of the nation's judiciary and their courtrooms."

The April 18, 2005 issue of New York Magazine contained an item headlined "Furor in the Court: 'It's like we're in Fallujah'; Brooklyn judges say they're not as safe as their Manhattan counterparts."
Posted at 02:08 PM by Howard Bashman




"Once Bitten, Twice Shy": CBS News legal analyst Andrew Cohen has this essay about Zacarias Moussaoui's decision, once again, to plead guilty.
Posted at 02:05 PM by Howard Bashman



"Frist: Filibuster Ban Won't Include Bills." Jesse J. Holland of The Associated Press provides this report on a statement that Senate Majority Leader Bill Frist, M.D. (R-TN) issued today.
Posted at 01:04 PM by Howard Bashman



U.S. Court of Appeals for the Ninth Circuit holds that $5 million punitive damage award was unconstitutionally excessive in racial discrimination case where the actual harm to plaintiff was valued at $50,000: You can access today's ruling at this link. The Ninth Circuit has ruled that the maximum lawful punitive damages award would be in the range of $300,000 to $450,000. The opinion's conclusion leaves me unsure concerning whether the plaintiff, on remand, will have the option to reject the reduction and instead opt for a new trial.
Posted at 12:44 PM by Howard Bashman



"The Brains Behind Blackmun: Harry Blackmun's papers reveal that, more than any justice in memory, he gave his law clerks control over his thinking and writing when he was on the Supreme Court." David J. Garrow has this article in the May | June 2005 issue of Legal Affairs magazine.

Seth P. Waxman, who now serves as chairman of Legal Affairs, offers this response to Garrow's article. And at "The Volokh Conspiracy," David Bernstein reacts here to Tony Mauro's coverage of Garrow's article.

I'll be happy to consider for posting any comments about Garrow's article that readers forward to me via email. Please let me know whether you are commenting anonymously or for attribution. And I'll also be pleased to receive via email links to posts from others who are blogging about this article.
Posted at 12:15 PM by Howard Bashman




"Bill Would End Gag Clauses That Stifle Victims Who Sue": This article appears today in The Los Angeles Times.
Posted at 12:11 PM by Howard Bashman



"Witch Trial: Some Faiths Aren't Good Enough for Chesterfield Supervisors." Columnist A. Barton Hinkle has this essay today in The Richmond Times-Dispatch. Hinkle's essay begins, "Any lawyer who represents himself in court has a fool for a client. Anyone without a law degree who takes issue with J. Harvie Wilkinson is an idiot. To the latter charge, your servant enters a plea of no contest, and plows ahead anyway."
Posted at 11:33 AM by Howard Bashman



"Murkowski's position vague in Senate strife; Judicial nominees: Republicans would be able to block filibusters." This article appears today in The Anchorage Daily News.

The Fort Wayne Journal Gazette today contains an editorial entitled "Uphold the filibuster."

The Kansas City Star contains an editorial entitled "Keep religion out of judge nominations."

The Oregon Daily Emerald contains an editorial entitled "Jeopardizing the filibuster could muffle minorities."

The UCLA Daily Bruin yesterday contained an editorial entitled "GOP efforts to gain power threaten courts, system."

And in The San Francisco Chronicle, columnist Debra J. Saunders today has an essay entitled "Going nuclear."
Posted at 11:15 AM by Howard Bashman




"Top court to rule on swing clubs": Broadcast News of Canada provides this report.
Posted at 11:05 AM by Howard Bashman



U.S. Court of Appeals for the D.C. Circuit denies rehearing en banc of decision holding that two subpoenaed reporters can be compelled to give grand jury testimony: Today's order, accompanied by an opinion concurring in the denial of rehearing en banc, can be accessed here.

In early press coverage, Reuters reports that "Appeals Court Refuses to Rehear CIA Leak Case."
Posted at 11:00 AM by Howard Bashman




"Drug Makers Prepare to Argue Against a Patent": This article appears today in The New York Times.

The Wall Street Journal reports that "Court looks at role of patents in research; Drugmakers, including Lilly, are keeping a close watch on long-running case."

And The Economist offers a related article headlined "Seeking a cure for legal headaches."
Posted at 10:55 AM by Howard Bashman




"High court to hear Md. 'Miranda' case; Teen implicated self in Annapolis murder": The Baltimore Sun contains this article today.

And The Capital of Annapolis, Maryland reports that "High court takes city murder case."
Posted at 10:52 AM by Howard Bashman




"San Pablo man's murder case, racially tinged, goes to justices": This article appears today in The Contra Costa Times.

And today in The Pittsburgh Post-Gazette, Michael McGough reports that "Court signals strict juror-exclusion view."
Posted at 10:45 AM by Howard Bashman




In newz from New Zealand: The New Zealand Herald today contains an article headlined "'Extraordinary' challenge to Pitcairn rape verdicts."

The Dominion Post reports today that "Pitcairners plead rape law ignorance."

And The Herald Sun contains an article headlined "We didn't know rape was illegal: Pitcairners."
Posted at 10:42 AM by Howard Bashman




"Delta liable for drunken driver?" Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 10:40 AM by Howard Bashman



Also ten years ago today: The U.S. Supreme Court announced its decision in Celotex Corp. v. Edwards, a case in which I was the principal author of the merits briefs for petitioner.
Posted at 10:20 AM by Howard Bashman



"Psst...Justice Scalia...You Know, You're an Activist Judge, Too": That's the title of Adam Cohen's "Editorial Observer" essay today in The New York Times.
Posted at 10:18 AM by Howard Bashman



Today's lone U.S. Supreme Court opinion in an argued case: At "SCOTUSblog," Lyle Denniston reports that the Court only decision today came in the case of Dura Pharmaceuticals, Inc. v. Broudo, No. 03-932. Justice Stephen G. Breyer delivered the opinion for a unanimous Court, reversing a ruling of the U.S. Court of Appeals for the Ninth Circuit. You can access the syllabus here; Justice Breyer's opinion for the Court here; and the oral argument transcript here.

In early press coverage, Hope Yen of The Associated Press reports that "High Court Keeps Securities Fraud Standard." And Reuters reports that "Court Makes Securities Fraud Suits Harder."
Posted at 10:00 AM by Howard Bashman




"What Liberals Want: A progressive conference on the Constitution sheds light on the real stakes involved with the judiciary." John Hinderaker has this essay today online at The Weekly Standard.
Posted at 09:18 AM by Howard Bashman



"A Disappointing Double Standard: Tribe's rebuke amounts to little more than a slap on the wrist." This editorial appears today in The Harvard Crimson.
Posted at 09:17 AM by Howard Bashman



"'War on Judges' or War on the Right: Newsweek isn't concerned about criticism of the judiciary, just conservative criticism of the judiciary." Andrew C. McCarthy has this essay today at National Review Online.
Posted at 09:15 AM by Howard Bashman



"The Supreme Court's New Age Discrimination Ruling: Good News and Bad News for Both Employers and Older Workers." FindLaw columnist Joanna Grossman has this essay today.
Posted at 09:10 AM by Howard Bashman



"Closing down the Senate won't help the Democrats; Threat would replay a Republican's folly": The Boston Globe contains this news analysis today.

The Rocky Mountain News reports today that "Focus faction attacks Salazar; Springs group pushes for Bush court picks."

Newsday today contains an editorial entitled "GOPers already pervade courts; Right-wingers protest too much."

The Courier-Journal of Louisville, Kentucky contains an editorial entitled "Frist's bad faith."

The Day of New London, Connecticut contains an editorial entitled "Sen. Frist Goes Too Far; Presidential candidacy won't allow him to take narrow ideological views."

The Boulder Daily Camera contains an editorial entitled "Flaming rhetoric: Judiciary bashing about 'energizing the base.'"

The Free Lance-Star of Fredericksburg, Virginia contains an editorial entitled "A nuke, not a T-bolt; Sen. John Warner shouldn't flinch from 'the nuclear option.'"

The Palm Beach Post contains an editorial entitled "Place no faith in Frist as a responsible leader."

In The Chicago Sun-Times, columnist Jesse Jackson has an essay entitled "GOP grandstanding on judges."

In The New York Post, John Podhoretz has an essay entitled "Dems' Suicide Plot."

Tom Teepen of Cox News Service has an essay entitled "An old trick the Senate might try: compromise."

In The Naples Daily News, Dan K. Thomasson has an essay entitled "Incendiary mix: religion and politics."

And in The Washington Post, Richard Cohen has an op-ed entitled "Faith-Based Pandering."
Posted at 07:20 AM by Howard Bashman




"Inside Bush's Supreme Team: In the fight for the courts, three behind-the-scenes players are uniting the Right." This article appears in the April 25, 2005 issue of BusinessWeek.
Posted at 07:18 AM by Howard Bashman



"Court revives suit against Vatican Bank; Claim alleges church held money looted by Croatian Nazis": Bob Egelko has this article today in The San Francisco Chronicle.

Claire Cooper, legal affairs writer for The Sacramento Bee, reports today that "9th Circuit allows partial suit against Vatican Bank."

David Kravets of The Associated Press reports that "Holocaust Case Against Vatican Bank Revived."

And Reuters reports that "U.S. Appeals Court Reinstates Vatican Holocaust Suit."
Posted at 07:11 AM by Howard Bashman




Available online from law.com: Tony Mauro has articles headlined "High Court Agrees to Sit Down to Religious Tea Case"; "Supreme Court Agrees to Consider When Police May Search Home; Case involves Georgia attorney charged with cocaine possession"; and "Blackmun Clerks Had Too Much Power, Says Historian."

Jeff Chorney reports that "9th Circuit OKs Suit Against Vatican Over Holocaust; Claims could exceed $100 million, say lawyers."

An article is headlined "Fire Fight: The Art of the Asbestos Deal; New Senate legislation placates conservative Republicans, grabs key Democrat."

Jonathan Ringel reports that "Rudolph Defenders Read Feds' Signals to Make Plea Deal; DOJ's surprise suggestion led to explosives disclosure."

And in other news, "Judge Rules Public Entities Too Slow in Microsoft Case."
Posted at 07:04 AM by Howard Bashman




"Moussaoui Tries to Plead Guilty Again; The Sept. 11 suspect writes to a judge that he will accept the death penalty; His lawyers say it is a naive bid to get a Supreme Court hearing": This article appears today in The Los Angeles Times.
Posted at 07:02 AM by Howard Bashman



"No probe of Schiavo memo": The Hill today contains an article that begins, "The Senate Rules Committee has decided not to take any action dealing with a leaked Republican memo that cast the congressional effort to pass legislation dealing with Terri Schiavo in political terms."
Posted at 07:00 AM by Howard Bashman



"Mass. abortion clinic law allowed to stand; US Supreme Court declines an appeal": This article appears today in The Boston Globe.

The Boston Herald today reports that "High court won't touch Mass. law on abortion buffers."

And The Washington Times reports that "Court won't rule on clinic buffer zones."
Posted at 06:55 AM by Howard Bashman




"Justices Weigh State's Jury Selection Law; A lawyer argues before the U.S. Supreme Court that California allows prosecutors to exclude potential jurors on the basis of race": David G. Savage has this article today in The Los Angeles Times.
Posted at 06:44 AM by Howard Bashman


Monday, April 18, 2005


Tomorrow marks the 10th anniversary of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City: The Oklahoman has this web page devoted to the anniversary. And links to that newspaper's recent news coverage can be accessed via this link.

Today in The New York Times, John Kifner has an article headlined "In Oklahoma, a Week of Remembrance."

The Knight Ridder Newspapers report that "Domestic terrorism still a threat."

Tuesday's edition of Financial Times contains an article headlined "Terror threat from within keeps America on high alert."

Newsday on Tuesday will contain an article headlined "The new face of militance: After 9/11, domestic anti-government and racist groups find the means to reorganize."

Tuesday's edition of The Kansas City Star will report that "Nichols hints at more detail."

The Fort Worth Star-Telegram on Tuesday will contain an article headlined "Youngest survivor carrying on with hope despite limitations."

The Chicago Tribune on Tuesday will report that "10 years later, family mourns loss of unborn baby."

The Dallas Morning News offers articles headlined "They never forget; Fence continues to attract remembrances of bombing"; "Smallest survivors share scars"; and "City's survivors beaten, but not broken."

FOXNews.com reports that "Bomb Material Still Goes Largely Unchecked."

And The Arizona Republic on Tuesday will contain an editorial entitled "An echo of hate: 10 years after, Oklahoma City remains a call for vigilance."
Posted at 11:30 PM by Howard Bashman




Available online from The Washington Post: Tuesday's newspaper will contain a front page article headlined "Moussaoui Planning To Admit 9/11 Role; Judge Will Weigh Mental Capacity." Charles Lane will report that "Supreme Court to Decide Whether Church Can Import Drug." And in other news, "Domestic Extremist Groups Weaker but Still Worrisome; Militias Waned After '95 Bombing."

Today's newspaper, meanwhile, contains an article headlined "Father First, Senator Second; For Rick Santorum, Politics Could Hardly Get More Personal."
Posted at 11:05 PM by Howard Bashman




Available online from The New York Times: In Tuesday's newspaper, Linda Greenhouse will have an article headlined "Supreme Court to Hear Case of Dispute Over Religious Group's Use of Banned Drug." And in other news, "Pharmacies Balk on After-Sex Pill and Widen Fight in Many States."

Today's newspaper, meanwhile, contains an article headlined "When the Blogger Blogs, Can the Employer Intervene?"
Posted at 10:54 PM by Howard Bashman




In Tuesday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "Supreme Court will revisit issue of free exercise of religion."

And an editorial will be entitled "Overreaching on Judges."
Posted at 10:45 PM by Howard Bashman




"Republicans Rally to End Judicial Filibuster": This segment (transcript with link to audio) appeared on tonight's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 09:10 PM by Howard Bashman



The Advisory Committee on Rules of Appellate Procedure once again approves proposed Federal Rule of Appellate Procedure 32.1, which would allow citation to non-precedential rulings in all U.S. Courts of Appeals: The vote at today's Appellate Rules advisory committee meeting was 7-2 in favor of the proposed new rule. Of course, the same result, with the exact same margin of support, was achieved just over one year ago, as I reported here on April 14, 2004.

Last June, however, the Standing Committee on Rules of Practice and Procedure unanimously agreed to postpone action on the rule to give the Federal Judicial Center time to research some of the concerns raised by the rule's opponents. The details of what was to have occurred in the interim can be accessed in this post. The results of the additional research do not appear to have changed anyone's mind about the wisdom of the proposed rule, which still has the Appellate Rules committee's overwhelming support.
Posted at 08:45 PM by Howard Bashman




"When Blogs Bite Back": That's the title of today's installment of Howard Kurtz's "Media Notes" column.
Posted at 04:54 PM by Howard Bashman



Even as amended, the U.S. Court of Appeals for the Federal Circuit's ruling in Juicy Whip v. Orange Bang isn't as salacious as the case's name suggests: You can access today's amended conclusion to that ruling at this link.
Posted at 04:50 PM by Howard Bashman



"OKC 10 Years Later": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 04:24 PM by Howard Bashman



An additional four Second Circuit judges explain why they voted against rehearing en banc in the Vermont campaign finance case: The U.S. Court of Appeals for the Second Circuit today issued a further amended set of concurring and dissenting opinions. In a passage that begins on page 39 of the PDF file, today's opinion concurring in the denial of rehearing en banc states:
We think that some disputes, because of their highly partisan and political caste, should be addressed by the federal judiciary only when and insofar as is necessary. And we think that this is such a dispute. The resolution of this sort of campaign financing issue is bound to have, or at least to be seen to have, an impact favoring one political side or another depending on the result. We would prefer not to enter into a process that would likely result in a decision of our full Court that would therefore be vulnerable to accusations that it is driven by result rather than by legal analysis. We should avoid it if we can do so responsibly.
Footnote six to the quoted passage, found at the bottom of page 40 of the PDF file, also should not be missed.
Posted at 04:22 PM by Howard Bashman



"Nominees Brown and Owen Pushed toward Senate Vote despite Records of Putting Political Agenda before Law; Frist may use previously rejected nominees as excuse to deploy 'nuclear option'": The organization People For the American Way has issued this press release today and has sent this letter to the chairman and ranking minority member of the Senate Judiciary Committee.
Posted at 03:10 PM by Howard Bashman



"Before Firing 'Nukes,' Senate Should Debate Bush's Judicial Picks": Mort Kondracke has this essay today in Roll Call.

Roll Call today also contains an article headlined "Heat on Seven in Judicial Fight" that begins, "With the fate of judicial filibusters hanging in the balance, just seven Senate Republicans remain publicly undecided on changing the rules to eliminate the parliamentary move." And RJ Matson has this "nuclear option"-related editorial cartoon.
Posted at 03:02 PM by Howard Bashman




U.S. Court of Appeals for the Fourth Circuit rules that criminal defendant tried as an adult for armed robberies committed as a juvenile must receive mandatory minimum sentence of 182 years in federal prison: You can access today's ruling at this link. The federal district court had sentenced the defendant to a term of imprisonment of 32 years.
Posted at 02:50 PM by Howard Bashman



Divided three-judge Ninth Circuit panel reinstates Holocaust survivors' claims against Vatican Bank for damages resulting from lost and looted property: Today's ruling from the U.S. Court of Appeals for the Ninth Circuit contains a detailed analysis of the political question doctrine involving foreign relations. The majority opinion begins, "We are faced here with the question whether claims for losses allegedly suffered at the hands of a Nazi puppet regime during World War II are cognizable in our courts today."
Posted at 02:24 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "Court Permits DC to Block Hazardous Rail Shipments" and "U.S. Lawyers Have Little Stomach for Obesity Cases."

You can access online today's hazardous rail shipments ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 02:15 PM by Howard Bashman




"Rudolph faces hours of isolation at 'Alcatraz of the Rockies'": This article appeared last week in The Atlanta Journal-Constitution.
Posted at 12:45 PM by Howard Bashman



"Judiciary -- The Harm In Waiting": The blog "Captains Quarters" offers this post, which even features the proverbial secret source whose identity will never be revealed.
Posted at 11:45 AM by Howard Bashman



"For art's sake, redress fight goes on; Court victories bolster Holocaust survivor": This article appeared yesterday in The Chicago Tribune.
Posted at 11:35 AM by Howard Bashman



In the Spring 2005 issue of Prologue, a publication of the National Archives and Records Administration: Jill Norgren has an article titled "Belva Lockwood: Blazing the Trail for Women in Law." Among other notable achievements, Ms. Lockwood was the first woman admitted to the bar of the U.S. Supreme Court.

And, just in time for warm weather, Jefferson M. Moak has an article titled "The Frozen Sucker War: Good Humor v. Popsicle."
Posted at 11:33 AM by Howard Bashman




"Is Justice O'Connor Chilling Protected Speech to Insulate Judges?" Jan LaRue has this essay today at Human Events Online.
Posted at 11:22 AM by Howard Bashman



"GOP sheds federalism favored by forefathers; New legislation trumping state authority veers from conservatism's roots": This article appears today in The St. Petersburg Times.
Posted at 10:30 AM by Howard Bashman



"Blackmun Clerks Had Too Much Power, Says Historian": law.com's Tony Mauro has this report on an article by Pulitzer Prize-winning historian David J. Garrow that will appear in the May | June 2005 issue of Legal Affairs magazine.
Posted at 10:15 AM by Howard Bashman



Today's U.S. Supreme Court Order List: You can access today's Order List at this link. The Court today granted review in three cases, including the hallucinogenic tea case. The Court also requested the views of the Solicitor General in one case.

In early coverage, Hope Yen of The Associated Press reports that "Supreme Court to Hear Tea Case" and "High Court Considering Police Searches." The AP also reports that "High Court Won't Hear Abortion Clinic Case."

Meanwhile, from Reuters, James Vicini reports that "Supreme Court to Hear Appeal on Hallucinogenic Tea" and "Supreme Court to Decide Police Search Case."
Posted at 10:00 AM by Howard Bashman




"Pushing for Polygamy: Multiple marriage isn't such a distant step away from gay marriage as many pretend." Megan Basham has this essay today at National Review Online.
Posted at 09:50 AM by Howard Bashman



"London groping case dogs governor; British libel law seen as benefit to TV host's suit": Bob Egelko had this article yesterday in The San Francisco Chronicle.
Posted at 09:00 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "GOP Chips Away at Dems' Filibuster Efforts" and "Analysis: GOP Filibuster Plan Poses Risks."
Posted at 08:58 AM by Howard Bashman



In newz from New Zealand: The New Zealand Press Association reports that "Pitcairn sex abuse appeal begins."
Posted at 08:55 AM by Howard Bashman



"Rules on innovation come under a legal microscope": In today's edition of Financial Times, Patti Waldmeir has an article that begins, "The US Supreme Court could be about to rewrite therules of innovation in America. A patent case this week could profoundly affect not only those who take or make American drugs but also the innovation economy."
Posted at 07:30 AM by Howard Bashman



"What a show": Yesterday in The Arkansas Democrat-Gazette, columnist Paul Greenberg had an op-ed that begins, "So this is what the law has come to."
Posted at 07:25 AM by Howard Bashman



"King fights on behalf of display": Saturday's edition of The Daily Nonpareil of Council Bluffs, Iowa contained an article that begins, "The Ten Commandments may soon be displayed in the U.S. House of Representatives through the efforts of an Iowa Congressman."
Posted at 07:24 AM by Howard Bashman



The New York Times reviews Floyd Abrams's new book, "Speaking Freely: Trials of the First Amendment," twice: In Saturday's newspaper, Law Professor Geoffrey R. Stone had a review headlined "Supreme Court Tales From the Pleading Side of the Bench."

And yesterday, in the Sunday Book Review, Law Professor Jeffrey Rosen had a review headlined "'Speaking Freely': Your Right to Say It."
Posted at 07:22 AM by Howard Bashman




"Defendants, don't try this in court: One judge says acting as your own criminal defense attorney is 'such a profoundly bad idea'; In this opinion, he isn't alone." This article appeared yesterday in The St. Petersburg Times, along with a related article headlined "First an offense, then bad defense; Accused of punching his pregnant girlfriend, Teddy Roberts represents himself in court."
Posted at 07:14 AM by Howard Bashman



"Dems' filibusters cast as attack on 'people of faith'": This article appears today in USA Today.

Today in The New York Sun, Luiza Ch. Savage reports that "Schumer Calls a Conservative 'Un-American.'"

The Boston Globe reports that "Balancing act key for GOP's Frist."

The Reno Gazette-Journal reports that "More challenges ahead for soft-spoken Reid."

The Mobile Register today contains an editorial entitled "Senate ought to end all judicial filibusters."

The Contra Costa Times contains an editorial entitled "Filibuster blustering."

The East Valley (Ariz.) Tribune contains an editorial entitled "Frustrations at filibuster shouldn't goad GOP into Senate war."

The Charleston (W. Va.) Gazette contains an editorial entitled "Senate mess: Filibuster battle."

The Troy (N.Y.) Record contains an editorial entitled "Ending filibusters could disrupt power balance."

The St. Petersburg Times contains an editorial entitled "Frist shows no shame."

Today in The Los Angeles Times, Law Professor Jonathan Turley has an op-ed entitled "The Not So Dirty Dozen: They're the undercard to the fight over a high court nomination."

In The ASU Web Devil, Vic Vela has an op-ed entitled "Frist's religious usage immoral."

In The Colorado State Collegian, Ben Bleckley has an op-ed entitled "Filibuster for the Minority."

And in The Independent Florida Alligator, Matt Sanchez has an op-ed entitled "Time to set a ridiculous rule straight."
Posted at 07:00 AM by Howard Bashman




"Lethal injection faces fight from condemned; 2 convicted killers in Kentucky are latest to challenge practice in court": Richard Willing has this article today in USA Today.
Posted at 06:55 AM by Howard Bashman



"Limbaugh Spars With ACS Over Conference on Constitution; Accuses Group of Trying To Upend America's Founding Document": Josh Gerstein has this article today in The New York Sun.
Posted at 06:42 AM by Howard Bashman



"J. Warner mum on rule vote": The Richmond Times-Dispatch today contains this nuclear option-related article.
Posted at 12:18 AM by Howard Bashman



Philadelphia Phillies 2, Atlanta Braves 1, in 10 innings: I had the pleasure of attending an excellent baseball game Sunday evening, although the outcome wasn't exactly what I had been hoping for. Wrap-ups available here and here.
Posted at 12:07 AM by Howard Bashman


Sunday, April 17, 2005


Today marks the 100th anniversary of the U.S. Supreme Court's decision in Lochner v. New York: You can access the court's ruling here and here.

Although Law Professor Jeffrey Rosen's cover story today in The New York Times Magazine makes mention of the Lochner case, the article doesn't note that today is the decision's 100th birthday.
Posted at 05:40 PM by Howard Bashman




Tuesday will mark the tenth anniversary of the bomb blast that destroyed the Alfred P. Murrah Federal Building in Oklahoma City: The St. Louis Post-Dispatch today contains articles headlined "When terror hit the heartland" and "City found renewal in aftermath of disaster." The web site of the Oklahoma City National Memorial can be accessed at this link.
Posted at 05:33 PM by Howard Bashman



"Court considers whether Delta can be sued as in-flight bar": The Associated Press provides this report.
Posted at 05:32 PM by Howard Bashman



"Grandparents' visits: not always a right": This article will appear Monday in The Christian Science Monitor. This earlier post of mine provides links to the briefs filed in the challenge to Pennsylvania's grandparent visitation law that I'll be arguing next month before the Supreme Court of Pennsylvania.
Posted at 05:30 PM by Howard Bashman



"Rules on innovation come under a legal microscope": In Monday's edition of Financial Times, Patti Waldmeir will have an article that begins, "The US Supreme Court could be about to rewrite the rules of innovation in America. A drug patent case this week could profoundly affect not only those who take or make American drugs but also the vitality of the innovation economy."
Posted at 03:20 PM by Howard Bashman



"Supreme Court averse to risk, professor says": The Toronto Globe and Mail yesterday contained an article that begins, "The Supreme Court of Canada has become a 'play-it-safe' court whose colourless judgments reflect very little spirited debate, a leading constitutional scholar told a Toronto legal conference yesterday."
Posted at 03:18 PM by Howard Bashman



"No-contest plea will get dentist out of jail": Yesterday's edition of The St. Louis Post-Dispatch contained an article that begins, "After being behind bars for nearly eight years without a trial, Creve Coeur dentist Charles 'Tom' Sell on Friday ended his battle and pleaded no contest to federal charges of fraud and conspiracy to kill a witness and an FBI agent. Sell's case achieved national attention when his refusal to be forcibly medicated went all the way to the U.S. Supreme Court. His case resulted in tougher standards being established for federal prosecutors who want to medicate defendants to make them mentally fit for trial."
Posted at 03:15 PM by Howard Bashman



"Humble beginning, supreme end; Judge's journey started in Flint, led to chief seat on high court": This article appears today in The Flint Journal.
Posted at 03:05 PM by Howard Bashman



"Comparing church and state": On Friday, Michael Kirkland, UPI legal affairs correspondent, had this essay.
Posted at 03:00 PM by Howard Bashman



"Kos makes the most of blogging, daily": This article appears today in The Contra Costa Times.
Posted at 02:58 PM by Howard Bashman



"Judges deserve praise, gratitude, not angry threats": The Gainesville (Ga.) Times contains this editorial today.
Posted at 02:44 PM by Howard Bashman



"Campaign against Specter helped GOP, Toomey claims": This article appears today in The Harrisburg Patriot-News.
Posted at 02:40 PM by Howard Bashman



"Prayer tradition safe, for now; Finally, a voice of reason regarding separation of church and state; What a welcome relief": The Progress-Index of Petersburg, Virginia today contains an editorial that begins, "On Thursday, three-judge panel of the 4th U.S. District Court of Appeals reversed a lower court ruling that would have allowed a Wiccan priest to pray the invocation at Chesterfield County Board of Supervisors meetings."

And today in The Richmond Times-Dispatch, columnist Mark Holmberg has an essay entitled "Bewitched by inside tale of case." A related editorial cartoon by Gary Brookins, also published today, can be accessed here.
Posted at 02:20 PM by Howard Bashman




"Case Tests Military Abortion Insurance Policy": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Sunday."

Previously, in a post that you can access here, I linked to the audio of the recent oral argument in this case before the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:14 PM by Howard Bashman




In the April 25, 2005 issue of Newsweek: Debra Rosenberg will have an article headlined "The War On Judges: The rhetoric is heated; The political will is strong; Inside the right's campaign to rein in judicial clout."

And Howard Fineman will have an article headlined "Torn Between Faith & Science: He's a doctor and a pol, the Senate leader and a White House wanna-be; It's not always easy being Bill Frist."
Posted at 01:10 PM by Howard Bashman




"Judges Battle Transcends Numbers; Republicans already rule most federal courts; The issue is how far right the GOP can take them": David G. Savage has this front page article today in The Los Angeles Times.

The Arkansas Democrat-Gazette reports today that "Senators picking sides for filibuster war; Tactic of endless debate to prevent vote wearing thin among Bush supporters."

The Clarion-Ledger of Jackson, Mississippi reports that "Cochran targets judicial filibusters."

The Washington Post contains an article headlined "It's in the Formers' Almanac: Rules Change Brings Deluge." An editorial is entitled "Beyond the Pale." Wade Henderson and Stephen Moore have an op-ed entitled "Don't Alter The Filibuster." And U.S. Senator Rick Santorum (R-PA) has an op-ed entitled "Majority Vote Should Trump Minority Rule."
Posted at 08:50 AM by Howard Bashman




"Even the power brokers seek appointed judges; Pa.'s judicial elections take cash and cachet; Two lawmakers want change": This front page article appears today in The Philadelphia Inquirer.
Posted at 08:40 AM by Howard Bashman


Saturday, April 16, 2005


"'01 Mayoral Candidate Partisan; Appeals Court Upholds Ruling": The Albuquerque Journal today contains this article reporting on yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit.
Posted at 10:15 PM by Howard Bashman



"The Unregulated Offensive: Imagine that the interpretation of the Constitution was frozen in 1937; Imagine a country in which Social Security, job-safety laws and environmental protections were unconstitutional; Imagine judges longing for that; Imagine one of them as the next Supreme Court nominee." Law Professor Jeffrey Rosen has this lengthy cover story about the so-called "Constitution in Exile" in tomorrow's issue of The New York Times Magazine. To see the magazine's cover image, depicting the U.S. Constitution frozen in time (or at least in a block of ice), click here.

This is not the first time that Rosen has written about this topic. See, for example, his essay entitled "Supreme Mistake: Activists say this election will determine the future of the Supreme Court; And it will; But not in the way they think" in the November 8, 2004 issue of The New Republic.

The "Constitution in Exile" was also the subject of Adam Cohen's Editorial Observer column entitled "What's New in the Legal World? A Growing Campaign to Undo the New Deal" published in The New York Times on December 14, 2004. And the topic also received multiple mentions in Law Professor Bruce Ackerman's essay entitled "The Art of Stealth" published in the February 17, 2005 issue of the London Review of Books.
Posted at 09:07 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "GOP's Filibuster Strategy Could Backfire"; "Senators Acting Alone Can Block Nominees"; and "Dean: Schiavo Case to Be Used Against GOP."
Posted at 05:10 PM by Howard Bashman



"Cheney says he'd break tie to curtail use of filibusters; Democrats denounced for blocking judicial picks": The Baltimore Sun contains this article today.

The Washington Times reports today that "McCain irks Republicans over anti-filibuster option."

The Louisville Courier-Journal reports that "Judicial fight heads to church; Event at Highview to target filibusters."

The Lexington Herald-Leader reports that "Church to be TV forum for Bush backers; Prominent speakers' aim is to avert filibusters over judicial nominees."

The Gazette of Colorado Springs reports that "Focus ads target 'judicial tyranny' of senators."

The Cox News Service reports that "Filibuster fight getting personal."

The New York Times today contains an editorial entitled "Bill Frist's Religious War."

The Boston Globe contains an editorial entitled "Frist's intolerance."

The Berkshire Eagle contains an editorial entitled "Faith and justice."

And The Ventura County Star contains an editorial entitled "The Senate talk show."
Posted at 08:15 AM by Howard Bashman




"Justice Scalia shares views in W&L talk; Embrace the Constitution as it was written, he said; Don't expect it to conform to today's changing society": This article appears today in The Roanoke Times.

And The Richmond Times-Dispatch reports today that "Scalia gives lecture at W&L; As an 'originalist' he backs interpreting the Constitution according to writers' intent."
Posted at 08:05 AM by Howard Bashman



Friday, April 15, 2005


Fictitious indeed: A law.com essay by Natasha Kohne criticizes fictitious web logs, such as the "Anonymous Lawyer" blog, which according to Natasha is written by "Jeremy Blanchman." Well, at least she has his first name right.
Posted at 11:50 PM by Howard Bashman



"Frist to Participate in Anti-Filibuster Telecast; Democrats Say He Is Mixing Religion, Politics": This article will appear Saturday in The Washington Post.

Saturday's edition of The New York Times reports that "Frist Accused of Exploiting Religion Issue."

Financial Times reports that "Frist steps up campaign over Bush judges."

Saturday's edition of The Independent (UK) contains an article headlined "Religious right plan Democrat-bashing 'Justice Sunday.'"

This evening's broadcast of NPR's "All Things Considered" contained a semgent entitled "Frist to Appear in Anti-Judicial Filibuster Church Simulcast" (RealPlayer required).

Reuters reports that "Senate Leader Urged to Withdraw from Telecast."

The Associated Press reports that "Reid Calls Frist's GOP Politics 'Radical'" and "Conservatives to broadcast filibuster event from Kentucky church." More information about the "Justice Sunday" event is available at this link.

FOXNews.com provides a report headlined "Republicans On the Judicial Attack." And the transcript of part two of Law Professor Jonathan Turley's interview about filibustered federal appellate court nominees can be accessed here. Part one remains available here.

And from today's broadcast of The Rush Limbaugh show, you can access online transcripts from segments entitled "The Left's Church of the Judiciary" and "Leahy Supported Constitutional Option 30 Years Ago."
Posted at 11:40 PM by Howard Bashman




Atlanta Braves 11, Philadelphia Phillies 4: Coverage available here and here.
Posted at 11:15 PM by Howard Bashman



"The Fairness Option: Listening to Democrats and reading editorial commentary, some Americans might think that the three-fifths Senate vote required to end debate was dictated by James Madison on his deathbed. Hardly." This editorial will appear in the April 25, 2005 issue of The Weekly Standard.
Posted at 03:45 PM by Howard Bashman



In news from Detroit: The Detroit News today contains articles headlined "Parks settles OutKast lawsuit; The civil rights icon to receive undisclosed amount of cash after battle with rap group" and "Petition may have duped its signers; Group: Detroiters thought they were backing affirmative action initiative."

Meanwhile, The Detroit Free Press reports today that "Rosa Parks settles lawsuit over song; OutKast will pay tribute to rights icon." And a news update headlined "Bully loses appeal in Eminem case" reports on this ruling that the Michigan Court of Appeals issued yesterday.
Posted at 03:30 PM by Howard Bashman




"Rift in GOP over Immigration, Court Nominees": This segment appeared on today's broadcast of NPR's "Day to Day."

And yesterday's broadcast of "News & Notes with Ed Gordon" contained a segment entitled "Political Corner: Immigration and Employment, the 'Nuclear Option.'"

RealPlayer is required to launch these audio segments.
Posted at 03:15 PM by Howard Bashman




"Kill Phil: The filibuster lets Democrats win political battles while skirting the culture wars--which is why we should abolish it." Jonathan Cohn has this essay in the April 25, 2005 issue of The New Republic.
Posted at 03:10 PM by Howard Bashman



U.S. Court of Appeals for the Federal Circuit decides case involving election campaign for Mayor of Albuquerque, New Mexico: In today's ruling, on appeal from a decision of Merit Systems Protection Board, the Federal Circuit considers the constitutionality of the Hatch Act, a federal statute that prohibits covered government employees from engaging in certain partisan political activities.
Posted at 03:02 PM by Howard Bashman



"Republicans to Go on Offensive Over Judges": Jesse J. Holland of The Associated Press provides this report.
Posted at 02:40 PM by Howard Bashman



"Senate filibuster clash will reverberate across America; Crucial vote coming on Frist's move to end Democratic blockade of judicial nominees": Tom Curry, national affairs writer for MSNBC, provides this report.

The article quotes Senate Judiciary Committee chairman Arlen Specter (R-PA) as saying, "We've circulated Judge Pryor's five opinions in support of the district judge in (the) Schiavo (case), so we're working on it." I bet Eleventh Circuit Judge William H. Pryor, Jr. will be surprised to learn that he wrote even a single opinion in support of the federal district court's ruling in the Terri Schiavo case.
Posted at 02:05 PM by Howard Bashman




Available online from The New Republic: Michael Crowley has an essay entitled "The Day After: Can Democrats survive a nuclear winter?"

And Keelin McDonell has an essay entitled "Judge Dread: How conservatives who oppose judicial activism may have weakened their own cause."
Posted at 01:15 PM by Howard Bashman




"CIA Says Sen. Frist Lacks Nuclear Capability": "ScrappleFace" provides this report.
Posted at 01:08 PM by Howard Bashman



One license plate, under bumper: The Ohio News Network reports here that "The Ohio Senate has unanimously passed and sent the House a bill that would authorize the state to sell license plates featuring the American flag and the 'One Nation Under God' motto."
Posted at 01:05 PM by Howard Bashman



"Commentary: gay marriage in Oregon." Lyle Denniston of "SCOTUSblog" provides this analysis of yesterday's ruling by the Supreme Court of Oregon.

In other coverage, The New York Times reports today that "Oregon Supreme Court Invalidates Same-Sex Marriages."

The Los Angeles Times reports that "Court Nullifies Oregon's Gay Marriages; Advocates of same-sex unions promise to keep trying; Conservative groups say the ruling, which voids about 3,000 licenses, settles the issue."

The Oregonian contains articles headlined "Court annuls gay marriages"; "Sense of rejection pains couples but doesn't deter them; Sadness mixes with anger as partners learn their marriages in Multnomah County have been nullified"; and "Court decision affirms couples' religious convictions; Some opponents of same-sex marriage stress the importance of gender roles in parenting and society."

The Salem Statesman Journal today contains articles headlined "Court voids vows"; "Justices show the reasoning behind their conclusions; They say Measure 36 is an operational law, not a principle"; "Gay couples disappointed but not deterred; Some say they will direct attention to civil unions and state legislation"; "Gay marriage debate shifts to civil-union bill; Other bills would broaden protections from discrimination"; and "Religious officials react swiftly to court's decision; Bible provides different interpretations for community members."

The Portland Tribune reports that "3,022 gay unions end in a moment; Supreme Court says county was wrong to grant marriage licenses."

The Mail Tribune of Medford, Oregon reports that "Local gay couples express disappointment, not surprise, at court ruling."

The Daily Vanguard of Portland State University reports that "Same-sex couples saddened by court decision; Couples married last year say Oregon Supreme Court ruling is a blow, but fight for marriage continues."

The Corvallis Gazette-Times reports that "Court dashes marriage hopes; Supporters of traditional values hail ruling to void same-sex unions."

The Seattle Post-Intelligencer reports that "Same-sex marriages voided in Oregon; Washington couples who rushed to Portland are disheartened by ruling."

The Seattle Times reports that "Some feel jilted by Oregon ruling on gay marriage."

The Bellingham Herald reports that "Birch Bay couple unruffled by ruling."

Finally, The Washington Times, whose coverage of this issue exemplifies why the term "scare quotes" was invented, reports that "Oregon court voids same-sex 'marriages.'"
Posted at 12:18 PM by Howard Bashman




"80 California bloggers weigh-in on Apple subpoena case": "The Southern California Law Blog" reports here on an amicus brief filed yesterday in the California Court of Appeal for the Sixth Appellate District.
Posted at 12:10 PM by Howard Bashman



"Scalia Subjected to Probing Question, the Aftermath": "Wonkette" provides this riposte from the questioner in question.
Posted at 12:04 PM by Howard Bashman



Baseball and taxes: This evening, I will have the pleasure of spending my second consecutive Jackie Robinson Day at the ballpark watching my hometown Philadelphia Phillies. Unlike last year, when the Phillies played a day game, I'll be attending tonight's game with my son, the region's second biggest Atlanta Braves fan, as the Phillies host the Braves.

Tax Day also provides an opportunity to measure objectively how the first year at my appellate boutique fared. I think the proverbial tax man will be quite pleased, as he received a far greater amount of money from me than ever before. If there's any bright side, at least I was able to avoid the dreaded AMT.
Posted at 11:55 AM by Howard Bashman




"Justice Scalia defends textualism": This article appeared Wednesday in The Vanderbilt Hustler.
Posted at 11:24 AM by Howard Bashman



"Latest Assault on Judges Threatens Rule of Law": Law Professor Cass R. Sunstein has this op-ed today in The Los Angeles Times.
Posted at 11:20 AM by Howard Bashman



"Peggy Quince Tries To Pull A Full Scalia": Columnist Daniel Ruth has this essay today in The Tampa Tribune. I previously linked here to news coverage of this matter.
Posted at 11:15 AM by Howard Bashman



"House Hearing on Budget for Supreme Court of the U.S.": C-SPAN has made available online the video of this noteworthy hearing from earlier in the week, at which Justices Anthony M. Kennedy and Clarence Thomas appeared. To launch the video, click here (RealPlayer required).

I previously linked to news coverage of the hearing here and here.
Posted at 11:10 AM by Howard Bashman




"Strife-Cycles: Judge-bashing is hardly new." Law Professor Rodger Citron has this jurisprudence essay online today at Slate.
Posted at 10:02 AM by Howard Bashman



"Court rules against Wiccan; It says Chesterfield meets requirements for legislative prayer": This article appears today in The Richmond Times-Dispatch.

And The Washington Post reports that "Wiccan Bias Suit Against Va. County Dismissed."
Posted at 09:05 AM by Howard Bashman




"Guardsman who challenged 'stop-loss' policy leaving for Afghanistan": The Seattle Times contains this article today.
Posted at 09:02 AM by Howard Bashman



"Bill allows divorce for pregnant women": The Associated Press provides this report from Washington State, where now it is also permissible to impugne a lady's chaste reputation.
Posted at 08:10 AM by Howard Bashman



"Next stop for the peripatetic Barnes Foundation: the Pennsylvania Supreme Court." This article, in which I am mentioned, appeared yesterday in The Main Line (Pa.) Life.

And in somewhat related news, The Philadelphia Daily News today contains an article headlined "Union: Moving Barnes to Parkway to cost $7M."
Posted at 08:08 AM by Howard Bashman




Senate Majority Leader Bill Frist, M.D. (R-TN) has launched a web page devoted to judicial filibusters and the nuclear option: You can access the page by clicking here.
Posted at 07:18 AM by Howard Bashman



"Senate on brink of 'nuclear' filibuster war; GOP, Democrats ramp up to fight over debate limits": This article appears today in USA Today.

The Times Argus reports today that "Leahy's stance on filibuster challenged."

The Knoxville News-Sentinel contains an editorial entitled "U.S. Senate doesn't need to go nuclear."

In The Los Angeles Times, columnist Jonathan Chait has an op-ed entitled "On Filibuster, Hypocrisy Rules."

In The Washington Times, Wendy E. Long has an op-ed entitled "Filibuster myth-busters."

In The Seattle Post-Intelligencer, columnist Joel Connelly has an essay entitled "Religious rightists using scary tactics to pad courts."

And USA Today offers letters to the editor under the heading "Rhetoric about judges raises deep concerns."
Posted at 07:05 AM by Howard Bashman




In today's edition of The New York Sun: Luiza Ch. Savage has an article headlined "Buffalo Native Is Seen as a Confirmable Conservative" that begins:
If President Bush is looking for a potential Supreme Court nominee with conservative credentials who would inspire a minimum of fuss at a confirmation hearing, he may turn to Judge John Roberts Jr., say fans of the Buffalo native, who sits on the U.S Court of Appeals for the District of Columbia.
And in other news, Josh Gerstein reports that "Judge Approves $40M Settlement Against Abercrombie & Fitch Chain."
Posted at 07:00 AM by Howard Bashman



"Harvard finds 'significant lapse' in phrasing in Tribe book; 'Inadvertent' is Harvard verdict": The Boston Globe contains this article today.

And The Harvard Crimson reports today that "School Won't Punish Tribe; Summers, Kagan will not discipline professor whose book lifted text verbatim."
Posted at 06:50 AM by Howard Bashman




"Griffith's nomination to Court of Appeals advances; BYU counsel: But some Democrats are still questioning his law license credentials." This article appears today in The Salt Lake Tribune.

The Deseret Morning News today contains an article headlined "BYU attorney bench bound? Democrats won't filibuster controversial judicial nomination."

And in USA Today, Joan Biskupic reports that "Prominent nominee has bipartisan support."

Meanwhile, The Charlotte Observer reports today that "N.C. judicial nominees will move on to full Senate vote; Conrad, Dever bids had been blocked by then-Sen. Edwards."
Posted at 06:40 AM by Howard Bashman



Thursday, April 14, 2005


On this date in "How Appealing" history: Two years ago today, on April 14, 2003, I had a post titled "Sealed for your protection" reporting on the Fourth Circuit's decision that day in the case captioned Under Seal v. Under Seal. I also had a rather amusing post titled "Strange cases call for strange measures" reporting on the Ninth Circuit's ruling that day in a case involving Area 51. The decision that I quoted in my post suggests that appellate judges should perhaps not watch History Channel documentaries about subjects closely related to pending cases.

Meanwhile, one year ago today, I had posts reporting that "Sex toys no longer for sale in Mississippi" and that "The Advisory Committee on Appellate Rules of the U.S. Courts approves proposed Federal Rule of Appellate Procedure 32.1, which would allow unpublished and non-precedential opinions to be cited to all U.S. Courts of Appeals."
Posted at 11:40 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Appeals Court Rules Against Wiccan in Va."; "Rosa Parks, Rap Duo OutKast Settle Lawsuit"; and "Authorities: Finger Unlikely Nev. Woman's."
Posted at 11:30 PM by Howard Bashman



"Oregon Court Nullifies Gay Marriages": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."

This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" had a segment (transcript with link to audio) on today's ruling from Oregon.

The Los Angeles Times provides a news update headlined "Oregon Justices Void Gay Marriage Licenses."

And The Salem Statesman Journal provides a news update headlined "Oregon Supreme Court denies gay marriage; Basic Rights Oregon to file new lawsuit."
Posted at 11:25 PM by Howard Bashman




"Lethal Injections Called Flawed; Inmates May Feel Pain, Study Finds": This article will appear Friday in The Washington Post.

The Los Angeles Times provides a news update headlined "Lethal Injection Executions May Cause Suffering."

And in related news from Kentucky, The Associated Press reports that "Trial to decide if lethal injection constitutional."
Posted at 11:15 PM by Howard Bashman




"Bench Pressed: A pair of high court justices offer advocates advice about the proliferation of amicus briefs." law.com's Tony Mauro provides this report.
Posted at 11:12 PM by Howard Bashman



"Frist Likely to Push for Ban on Filibusters; Failure Risks Conservatives' Ire; Success May Prompt Legislative Stalemate": This article will appear Friday in The Washington Post.

And Friday's edition of The New York Times will report that "Frist Set to Join Religious Effort on Judicial Issue."
Posted at 11:10 PM by Howard Bashman




"Harvard Reprimands Law Professor Over Book": The AP reports here that "Harvard University reproached law professor Laurence H. Tribe for failing to properly credit another author's work in a book published two decades ago."
Posted at 09:14 PM by Howard Bashman



"Appeals court hears Nebraska abortion case": The Associated Press provides this report.
Posted at 09:10 PM by Howard Bashman



"What may be behind long nominee battles: In one theory, a stellar resume actually causes delay in Senate confirmation of judicial picks": Warren Richey will have this article in Friday's edition of The Christian Science Monitor.

The study in question -- "The Judicial Confirmation Process: The Difficulty in Being Smart" -- can be accessed at this link.
Posted at 08:40 PM by Howard Bashman




"Fight over abortion continues; Parental consent: Law passed but mired in court for eight years." This article appears today in The Anchorage Daily News.
Posted at 04:30 PM by Howard Bashman



He was suspended from high school for wearing makeup but not for hair style: And now the ACLU is getting involved in what may become a battle over free speech and religious expression. The San Bernardino County Sun yesterday published an article headlined "Boy won't gloss over suspension" which includes a photo of the student in question.
Posted at 04:24 PM by Howard Bashman



"Rudolph Admits Bombing '96 Olympic Park, Clinics; The defiant ex-fugitive cites hatred of abortion, government sanctions; A U.S. plea agreement lets 'cold, callous' killer avoid death penalty": This article appears today in The Los Angeles Times.

The New York Times reports today that "Bomber Offers Guilty Pleas, and Defiance."

The Atlanta Journal-Constitution today contains articles headlined "Rudolph: 'I make no apologies'; Bomber defends his war against feds, abortion"; "Olympic attack aimed to shame U.S. government"; and "Victims find closure on own terms."

And The Birmingham News today contains articles headlined "Abortion drove bomber to kill"; "UAB student, lawyer credited with crucial tip"; and "Rudolph's demeanor irks victims."

The statement that Eric Robert Rudolph issued yesterday can be accessed online both here and here.
Posted at 04:15 PM by Howard Bashman




This headline has potential for humor: The Associated Press is reporting that "France Wants U.S.-Style Class Actions."
Posted at 03:52 PM by Howard Bashman



"Law Trumps Life: How the Right went wrong in the Schiavo case." Reason has today posted online Jonathan Rauch's essay, originally published in National Journal.
Posted at 03:40 PM by Howard Bashman



"Study: Inmates suffer during lethal injections; Inadequate anesthesia may cause 4 in 10 to stay conscious." The Houston Chronicle provides this news update.
Posted at 03:30 PM by Howard Bashman



Links to the oral argument audiotapes in the three abortion cases argued today before the U.S. Court of Appeals for the Eighth Circuit: To access the oral argument audio in the federal partial birth abortion case, click here.

To access the oral argument audio in the Missouri partial birth abortion case, click here.

Finally, to access the oral argument audio in the Missouri twenty-four-hour abortion waiting period case, click here.

RealPlayer is required to access the audiotapes online. My earlier preview of these oral arguments can be accessed here.
Posted at 03:00 PM by Howard Bashman




U.S. Court of Appeals for the Fourth Circuit rejects establishment clause challenge to a Virginia county's policy pursuant to which public meetings of the county's Board of Supervisors include a non-sectarian religious invocation: You can access today's ruling at this link.
Posted at 02:50 PM by Howard Bashman



"Bush Nominee Gets Bipartisan Support": Jesse J. Holland of The Associated Press provides a report that begins, "The Senate's former top lawyer got bipartisan support Thursday for a seat on the U.S. Circuit Court of Appeals, putting him in line to become the first of President Bush's second-term appellate nominees to be confirmed."
Posted at 12:54 PM by Howard Bashman



If the denial of meals and showers to this prisoner violated the Eighth Amendment, he has no one to blame other than himself: So a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled today. Circuit Judge Richard A. Posner's opinion observes:
Suppose [the prisoner] announced that he would skip dinner every day unless he were served champagne and caviar at least once a month. He, not the prison, would be the author of his being denied dinner. A prisoner cannot force the prison to change its rules by going on a hunger strike and blaming the prison for his resulting loss of weight. He cannot, in short, be permitted to engineer an Eighth Amendment violation.
You can access the complete three-page ruling at this link.
Posted at 12:50 PM by Howard Bashman



"Senate Insider Griffith Gets Judiciary Committee OK; Committee advances nominee who practices law without a license": People For the American Way has issued this news release, which states that D.C. Circuit nominee Thomas B. Griffith today had his nomination favorably recommended by the Senate Judiciary Committee by a vote of 14-4. Because four Democrats on the committee appear to support the nomination, it is quite doubtful that Democrats have the ability to filibuster this nomination. As noted here by The Deseret Morning News, Griffith would fill the D.C. Circuit vacancy that Miguel A. Estrada had previously been nominated to fill.
Posted at 12:20 PM by Howard Bashman



She'd recognize that finger anywhere: The Associated Press reports that "Woman Thinks Fingertip in Chili Is Hers."

Photographs of the fingertip or fingertips in question accompany an article headlined "Finger saga shifts to Pahrump; Police check woman who lost digit to leopard's bite" in today's edition of The Las Vegas Review-Journal. No word yet concerning whether the leopard thought that the finger tasted like chicken.

In other coverage, The San Francisco Chronicle reports today that "Chili-finger woman drops legal claims, fires lawyer; Police investigating if digit's DNA same as leopard victim's."

The San Jose Mercury News contains an article headlined "New twist in finger fiasco; Woman thinks digit found at Wendy's is one lost to leopard."

And The Los Angeles Times reports that "Finger Finder Decides Not to File Suit; The woman said she found a severed digit in fast-food chili in San Jose; A Nevada leopard-attack victim thinks it may be hers."
Posted at 12:15 PM by Howard Bashman




BREAKING NEWS -- "Oregon Court Tosses Gay Marriage Licenses": The Associated Press provides this report.

Today's unanimous ruling by the Supreme Court of Oregon concludes:

In summary, we conclude as follows. First, since the effective date of Measure 36, marriage in Oregon has been limited under the Oregon Constitution to opposite-sex couples. Second, Oregon statutory law in existence before the effective date of Measure 36 also limited, and continues to limit, the right to obtain marriage licenses to opposite-sex couples. Third, marriage licenses issued to same-sex couples in Multnomah County before that date were issued without authority and were void at the time that they were issued, and we therefore need not consider the independent effect, if any, of Measure 36 on those marriage licenses. In short, none of plaintiffs' claims properly before the court is well taken. Finally, the abstract question whether ORS chapter 106 confers marriage benefits in violation of Article I, section 20, of the Oregon Constitution is not properly before the court.

The judgment of the circuit court is reversed, and the case is remanded to the circuit court with instructions to dismiss the action.

You can access the complete ruling here. And other documents filed in the case can be accessed via this link.
Posted at 11:32 AM by Howard Bashman



"Parliamentarian would oppose 'nuclear option'": The Hill today provides an article that begins, "If Republicans seek to break the Democratic filibuster of judicial nominees, they would have to do so over the objections of the Senate parliamentarian, according to Senate Minority Leader Harry Reid (D-Nev.)."
Posted at 11:22 AM by Howard Bashman



"President Bush Braces for a Judicial Fight": Law Professor Jonathan Turley, appearing Tuesday on Fox News, spoke quite favorably about several of President Bush's more controversial federal appellate court nominees. You can access the transcript at this link.
Posted at 11:15 AM by Howard Bashman



"Judicial Confirmation Network Launches National Ad Campaign; JCN TV Ad Decries Activist Judges, Calls on Senators to Vote on Qualified Judicial Nominees": You can access that organization's press release at this link. The ad itself can be viewed by clicking here.
Posted at 10:58 AM by Howard Bashman



"The Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the Juvenile Death Penalty Decision." Just posted at SSRN is this article by Law Professor Steven G. Calabresi and law student Stephanie Dotson Zimdahl.

Relatedly, Orin Kerr over at "The Volokh Conspiracy" had a post yesterday titled "Foreign Law and the Culture Wars."
Posted at 10:30 AM by Howard Bashman




Forthcoming blog-related speaking appearances: On the evening of Friday, April 29, 2005, I'll be one of two speakers addressing the Annual Banquet of the Harvard Federalist Society for Law & Public Policy Studies and the Harvard Journal of Law & Public Policy. The other speaker will either be this guy or this guy. In case of the latter, attendees are advised against bringing pies.

On Saturday, October 29, 2005, I'll be participating in a panel discussion about legal blogs at the 2005 Conference for the U.S. District Court for the Eastern District of California. But I won't actually be setting foot within the Eastern District of California; the conference is taking place in Monterey, California.

Sometime in May or June, I'll be heading down to Washington, DC to participate in the D.C. Circuit clerkship speaker's series.

And I'm in the midst of determining whether my schedule can accommodate a trip to Houston, Texas in late June or late July to speak to the Houston Bar Association's Appellate Practice Section. Coincidentally, the Philadelphia Phillies will be visiting Houston during the date in July that's under consideration.
Posted at 10:25 AM by Howard Bashman




"DeLay Seeks Congressional Review of Schiavo Case": Reuters provides this report.
Posted at 10:10 AM by Howard Bashman



"Rancher's attorney challenges report": The Casper Star-Tribune today contains this article, in which Ninth Circuit nominee William Gerry Myers III is mentioned multiple times.
Posted at 10:02 AM by Howard Bashman



"Tax for strip clubs draws challenge; ACLU says plan unconstitutional": This article appeared yesterday in The Las Vegas Review-Journal.

As best as I can tell, the strip club tax is separate from the brothel tax also under consideration in Nevada, as reported here and here.
Posted at 09:55 AM by Howard Bashman




"Oregon Court to Rule on Same-Sex Marriage": The Associated Press provides this report.

The Salem Statesman Journal reports today that "Oregon Supreme Court to rule on gay marriage."

And The Oregonian reports today that "Leaders push for civil unions; A bill backed by the governor and senators on both sides comes as Oregon justices prepare to rule on same-sex marriage."

The Supreme Court of Oregon's ruling is expected to be released online today at noon eastern daylight time.
Posted at 09:50 AM by Howard Bashman




U.S. Court of Appeals for the Sixth Circuit upholds constitutionality of Tennessee statute that prohibits optical companies from leasing space to optometrists to perform eye exams in retail eyewear stores: Today's ruling, which rejects challenges asserted under the commerce, equal protection, and due process clauses of the U.S. Constitution, can be accessed at this link.
Posted at 09:44 AM by Howard Bashman



"House votes to name courthouse for Matsui": The Sacramento Bee today contains an article that begins, "The House voted without dissent Wednesday to name the federal courthouse in downtown Sacramento in memory of former Rep. Robert Matsui, who died on New Year's Day."
Posted at 09:33 AM by Howard Bashman



"Supreme-Court Transcript Shows Legal Reasoning In Grokster Case": Internet Week provides this report. You can access the official transcript online at this link.
Posted at 09:22 AM by Howard Bashman



"'Choose Life' tag challenge halted; Federal judges say case is for state courts": This article appears today in The Times-Picayune of New Orleans.

And The Advocate of Baton Rouge reports today that "La. license plate lawsuit rejected; Court: State can offer 'Choose life' tags."
Posted at 08:15 AM by Howard Bashman




On the agenda: The Senate Judiciary Committee is scheduled to hold an executive business meeting at 9:30 a.m. today. On the agenda are four nominees to the U.S. Courts of Appeals and two nominees to the U.S. District Courts.

Also today, as I previously detailed here, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit will hear oral arguments in three important abortion-related appeals. Because the Eighth Circuit provides online access to oral argument audiotapes, I will supply links to the oral argument audio just as soon the tapes are posted.
Posted at 08:12 AM by Howard Bashman




"Bloggers count on cybertips; Virtual support": This front page article appears today in The Philadelphia Inquirer.
Posted at 08:04 AM by Howard Bashman



"Lead the Way: Senate Republicans may not understand the true stakes in the coming judicial showdown." Hugh Hewitt has this essay online today at The Weekly Standard.

The transcript from a segment titled "Let's Just Be the Minority, GOP" from yesterday's broadcast of The Rush Limbaugh show is available online.

The Hill today contains an article headlined "GOP fears it's losing Frist v. Reid."

The St. Petersburg Times today contains an editorial entitled "30-second civics lesson."

The News Leader of Staunton, Virginia contains an editorial entitled "Hate it now, love it later."

In The New York Daily News, columnist Richard Schwartz has an essay entitled "Bench bad judges, not filibuster."

And in The Massachusetts Daily Collegian, Thomas Naughton has an essay entitled "'R' is for 'Rule-breakers.'"
Posted at 07:15 AM by Howard Bashman




"DeLay regrets remarks about Schiavo judges; House leader says he's still pursuing a congressional review of rulings": This article appears today in The Houston Chronicle.

The Dallas Morning News reports today that "DeLay backs off judge remarks; He apologizes for 'inartful' comment about Schiavo case."

The Los Angeles Times reports that "DeLay Tempers His Statements; The beleaguered House majority leader issues an apology for his comments criticizing federal judges after Terri Schiavo's death."

The Chicago Tribune reports that "Embattled DeLay says he's sorry; Comment on Schiavo judges called 'inartful.'"

The Boston Globe reports that "DeLay apologizes for blaming federal judges in Schiavo case; But House leader calls for probe of 'judicial activism.'"

Newsday reports that "DeLay sorry for comment on judges."

The Pittsburgh Post-Gazette reports that "DeLay mum on ethics; Says charges part of 'Democratic agenda'; GOP leader still seeks probe of Schiavo judges."

USA Today reports that "DeLay apologizes for judges remark."

In commentary, The Detroit Free Press today contains an editorial entitled "Judge Attack: Vitriol must stop; the president should lead defense."

Cox Newspapers columnist Tom Teepen today has an essay entitled "Demands That Judges Toe The Line On Ideology Is A Slippery Slope" in The Day of New London, Connecticut.

And FindLaw commentator Edward Lazarus has an essay entitled "The Schiavo Case's Fallout Must Not Make Us Lose Sight of a Key Truth: Our Imperial Judiciary's Problems Transcend Partisanship."
Posted at 06:45 AM by Howard Bashman



Wednesday, April 13, 2005


"Supreme Confidence: The jurisprudence of Justice Antonin Scalia." Margaret Talbot's quite interesting profile of Justice Scalia, published in the March 28, 2005 issue of The New Yorker, is now available online at this link. Thanks to Gene Vorobyov for the pointer.
Posted at 11:45 PM by Howard Bashman



On this date in "How Appealing" history: Two years ago today, the word "desuetude" brought a favorite quote from "Twin Peaks" to mind in a post you can access here.

And one year ago today, I had a post titled "The trademark 'freebies' turns out not to have been worth anything" reporting on this appellate court ruling issued that day.
Posted at 11:24 PM by Howard Bashman




"U.S. District Court Rejects Federal Government's Attempt to Bypass Ruling on Mojave Cross; Federal Land Transfer to Private Party is Unconstitutional, Court Rules": The ACLU issued this press release yesterday.

In news coverage, The Press-Enterprise of Riverside, California reports today that "Judge's ruling calls for removal of cross; An ACLU official calls the proposal to swap land a 'sham' to keep the war memorial."

And The Desert Dispatch of Victorville, California reports today that "Judge puts kibosh on land swap; Exchange to save Mojave Cross has been declared unconstitutional."
Posted at 11:15 PM by Howard Bashman




"Majority Leader Asks House Panel to Review Judges": This article will appear Thursday in The New York Times.

Thursday's edition of The Washington Post will report that "DeLay Apologizes for Comments; Leader Wouldn't Say Whether He Wants Schiavo Judges Impeached."

And The Los Angeles Times provides a news update headlined "DeLay Apologizes for 'Inartful' Remarks About Judges."
Posted at 11:10 PM by Howard Bashman




Available online from law.com: An article reports that "D.C. Circuit Renomination Sets Stage for 'Nuclear' Option; California Supreme Court Justice Janice Rogers Brown gets a second chance at seat on federal bench."

Tony Mauro has an article headlined "When the Supreme Court Met Congress."

In other news, "High Court Asked to End Religious Teatime; Government says New Mexico Christian group's ceremonial drink violates federal controlled substance laws."

And an article reports that "11th Circuit Upholds Fla. Law Barring Ex-Felons From Voting."
Posted at 10:20 PM by Howard Bashman




"Appeals Court Rejects Car Tag Challenge": The Associated Press provides this report.
Posted at 08:45 PM by Howard Bashman



"DeLay apologizes for remarks about judges, pushes for inquiry": James Kuhnhenn of Knight Ridder Newspapers has an article that begins:
Rep. Tom DeLay, the majority leader of the House of Representatives, apologized Wednesday for his "inartful" criticism of federal judges, but said he wants the House Judiciary Committee to examine judges' decisions in the Terri Schiavo case as part of an inquiry into "judicial activism."
And The Associated Press reports that "DeLay Apologizes for Schiavo Case Rhetoric."
Posted at 08:30 PM by Howard Bashman



The Supreme Court of Oregon is scheduled to issue a ruling regarding same-sex marriage tomorrow: Reuters offers a report headlined "Oregon legislators, governor back gay civil unions" that begins, "Gay and lesbian couples in Oregon would have marriage-like rights in the form of civil unions under a bipartisan bill introduced in the Legislature on Wednesday. The move, backed by Democratic Gov. Ted Kulongoski, came one day before the Oregon Supreme Court was expected to rule on the legality of gay marriage."

The court's notice that a ruling will issue tomorrow in Li v. State of Oregon can be viewed at this link. Links to documents filed in that case can be accessed here.
Posted at 07:54 PM by Howard Bashman




"Out of Exile: Will libertarians influence the next Supreme Court appointment?" Slate provides this teaser for an article that Law Professor Jeffrey Rosen will have next Sunday in the forthcoming issue of The New York Times Magazine. Once Professor Rosen's article becomes available online, I will of course provide a link.
Posted at 06:10 PM by Howard Bashman



"Justice Sunday: The Family Research Council says anticlerical judges pose a greater danger than al-Qaeda." The American Prospect today has posted online an essay by Rob Garver that begins, "The fight over the Senate confirmation of President George W. Bush's most conservative judicial nominees is about to take an ugly turn, as the administration's supporters in the religious right prepare an organized campaign to accuse Democrats of being biased against Christians."
Posted at 06:04 PM by Howard Bashman



"Martyrs and Pestles: Should pharmacists be allowed to refuse to dispense birth control?" Slate has just posted online this jurisprudence essay by Dahlia Lithwick.
Posted at 06:00 PM by Howard Bashman



"Edwin Vieira Responds ... And Dissembles": Law Professor Eric Muller has a new post at his "Is That Legal?" blog that begins, "I asserted recently that Edwin Vieira's invocation of Josef Stalin's paean to murder in calling for Justice Kennedy's 'removal' warranted investigation as a threat against a federal judge."
Posted at 05:55 PM by Howard Bashman



In today's edition of The New York Daily News: An article headlined "Pulpit won't pay" begins:
A Brooklyn judge wants a deadbeat dad to choose the law over God - telling him to use his legal degree to make money to support his kids, and postpone plans to become a minister. The bizarre intersection of church and state was revealed yesterday in a ruling by Supreme Court Justice Jeffrey Sunshine.

The judge held the wanna-be clergyman in contempt for being "voluntarily unemployed" and stiffing his ex-wife out of $40,000 in back child support.

The trouble started when Ivy League grad Simon Ajose left his six-figure job as a lawyer, stopped paying child support and enrolled in divinity school.

And in other news, "Porn star, publisher bear claws in lawsuits."
Posted at 04:45 PM by Howard Bashman



"Make-or-break weeks for DeLay and Frist; Leaders face decisions with far-reaching electoral reverberations": Tom Curry, national affairs writer for MSNBC, mentions the subject of judicial filibusters in this report.
Posted at 04:15 PM by Howard Bashman



"Daily Kos Swings for the Fences": Wired News provides this report.
Posted at 03:55 PM by Howard Bashman



"Judgment on Judges": National Review Online has posted this editorial today.
Posted at 03:50 PM by Howard Bashman



"Conservatives near lock on US courts; Senators will consider new judicial nominees Thursday; GOP-appointed judges already control 10 of 13 appeals courts": Warren Richey will have this article in Thursday's edition of The Christian Science Monitor.
Posted at 03:30 PM by Howard Bashman



Questions that Justice Antonin Scalia is unlikely to answer: This morning, I linked here to an article headlined "Ralliers: Scalia unwelcome" published today in Washington Square News, the student newspaper of New York University.

According to the article:

The Q-and-A [between students and Justice Scalia] opened with hostility as audience members expressed frustration with many of Scalia's opinions.

In asking about Scalia's dissent in Lawrence v. Texas and his view that privacy is not constitutionally protected, Eric Berndt, a law student, shocked the crowd by asking, "Do you sodomize your wife?"

Scalia refused to answer the question while the crowd gasped and the administrators promptly turned off Berndt's microphone.

The Richmond Times-Dispatch reported yesterday that "Scalia to address students at W&L" this Friday, where a more cordial reception is anticipated.

Update: The blog "Underneath Their Robes" offers these additional thoughts.
Posted at 03:28 PM by Howard Bashman




Choose litigation (but not in federal court): The U.S. Court of Appeals for the Fifth Circuit today announced its ruling in a case in which a federal district court in Louisiana declared unconstitutional that State's law authorizing the adoption of a "Choose Life" license plate. Circuit Judge Edith H. Jones delivered the opinion on behalf of a unanimous three-judge panel. The opinion begins:
This appeal concerns whether Louisiana's prestige license plate program facially discriminates against pro-choice views in contravention of the First Amendment. The program diverts excess charges over handling and ordinary registration fees for the plates to organizations endorsed by the legislature. Because of this feature of the program, we conclude that we lack jurisdiction over the case because of the Tax Injunction Act, 28 U.S.C. sec. 1341.
You can access the complete ruling at this link. The effect of today's ruling would seem to allow Louisiana once again to begin offering "Choose Life" licence plates to those who wish to purchase them, and the challengers would be able to raise their constitutional objections in the state court system.
Posted at 02:50 PM by Howard Bashman



"Schumer v. Reality on Bush Judges": The Committee for Justice issued this press release today.

On Monday, Senator Patrick J. Leahy (D-VT), the ranking Democrat on the Senate Judiciary Committee, issued a news release titled "As Senate Prepares To Confirm 205th Judge, Reid And Leahy Urge Bush, To Protect Checks And Balances Of Democracy."

Yesterday, both the Senate Majority Leader and the Senate Democratic Leader spoke before the cameras on the subject of judicial filibusters. Via C-SPAN, you can access online video of both sets of remarks: Senator Bill Frist, M.D. (R-TN) here; and Senator Harry Reid (D-NV) here.

Senator Reid, during his remarks, referred to a recently updated Congressional Research Service report entitled "Changing Senate Rules: The 'Constitutional' or 'Nuclear' Option." A reader has kindly sent along a copy of that report, but in HTLM rather than PDF format, which is why I'm not posting the entire report online. If I do receive the report in PDF format, I will post it online here.
Posted at 02:40 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Florida Ban on Felon Voting Is Upheld" and "Court: Tenn. Medicaid Can Drop 323,000."
Posted at 02:32 PM by Howard Bashman



"Floridians disapprove of Schiavo case handling, poll says": The Miami Herald offers a news update that begins:
With the nation's highest court as the only exception, Florida voters disapproved of the way the governor, his presidential brother, the state Legislature, Congress, the courts and the news media handled the Terri Schiavo case, according to a poll released today.

The biggest loser: The news media, by a 71-23 margin, according to Connecticut-based Quinnipiac University's survey of 1,044 Florida registered voters. The error margin is plus or minus 3 percentage points.

On the other end of the spectrum was the U.S. Supreme Court. Fifty percent of people supported the court, compared to 44 percent who didn't. On the whole, the courts fared better than the legislative and executive branches of government. Clay F. Richards, assistant director of the Quinnipiac University Polling Institute, said the more involved an entity was in the Schiavo case, the more likely it was to be viewed unfavorably.

Quinnipiac University, whose polling center conducted the survey, has today issued a press release entitled "Supreme Court only winner in Schiavo case, Florida voters tell Quinnipiac University Poll; most have living will, health care proxy." Complete results of the poll can be accessed at this link.
Posted at 02:20 PM by Howard Bashman



"Republicans Clash Over Filibuster; Critics Say Ending Tactic Against Judicial Nominees Could Someday Backfire on Party": This very interesting article (pass-through link) appeared yesterday in The Wall Street Journal.
Posted at 02:05 PM by Howard Bashman



"Anti–Filibuster Yet Anti–'Nuclear Option'": The text of my April 2005 monthly appellate column is now available online at this link.
Posted at 10:30 AM by Howard Bashman



"Finger-finder decides not to sue; Nevada leopard bit off digit; Link investigated": The San Jose Mercury News contains this article today.

And The Sacramento Bee today contains an article headlined "Wendy's chili probe: Reward to point way? Authorities hope to figure out where the finger came from."
Posted at 10:10 AM by Howard Bashman




"Supreme Court, Congress Clash on Rulings": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:05 AM by Howard Bashman



"Dr. Phill: We'd like to examine Phill Kline the same way he wants to probe Kansas women." This article appears in this week's issue of The Pitch, based in Kansas City, Missouri.
Posted at 10:02 AM by Howard Bashman



On the agenda for tomorrow: The Senate Judiciary Committee has an executive business meeting scheduled to begin at 9:30 a.m. tomorrow. On the agenda are four nominees to the U.S. Courts of Appeals and two nominees to the U.S. District Courts.
Posted at 08:52 AM by Howard Bashman



"Supreme Confusion: The New Yorker doesn't understand originalism." Edward Whelan has this essay today at National Review Online.
Posted at 08:50 AM by Howard Bashman



"Standing For Justice: The artful balance." This editorial appears today in The Seattle Post-Intelligencer.

Today in The Dallas Morning News, Mark Davis has an op-ed entitled "Furor over recent rulings ignores point of judiciary."

And today in The Detroit Free Press, U.S. Congressman John Conyers, Jr. (D-MI) has an op-ed entitled "Halt assault on judges; Congressional push for judiciary control remains out of line."
Posted at 08:44 AM by Howard Bashman




"Court unseals Passaro papers; Tenet, Gonzales on witness list": The News & Observer of Raleigh, North Carolina today contains an article that begins, "A former CIA contractor accused of beating an Afghan prisoner plans to call former agency Director George Tenet and Attorney General Alberto Gonzales as witnesses to aid his defense that he was acting under government authority."

And in other coverage, The Washington Post reports today that "Interrogator Says U.S. Approved Handling of Detainee Who Died."
Posted at 08:40 AM by Howard Bashman




"A wake-up call for the Sane Majority": Today in The Arkansas Democrat-Gazette, Gene Lyons has an op-ed that begins, "Does it strike you as odd that persons calling themselves Christians are furious that the U.S. Supreme Court found executing juveniles unconstitutional?"
Posted at 07:30 AM by Howard Bashman



"Justices defend court's independence; Supreme Court budget hearing evolves into larger Q&A": Joan Biskupic has this article today in USA Today.
Posted at 07:28 AM by Howard Bashman



"Ralliers: Scalia unwelcome." Washington Square News contains this article today, along with an editorial entitled "Scalia award a mistake."
Posted at 07:25 AM by Howard Bashman



"Justice O'Connor Entertains Students With Life Story": This article appears today in The Columbia Spectator.
Posted at 07:22 AM by Howard Bashman



"Religion under a secular assault": The Washington Times today contains this article, the first in a three-part series.
Posted at 07:20 AM by Howard Bashman



"Lefkow killer finally buried; Funeral director provides a coffin": This article appears today in The Chicago Tribune.
Posted at 07:15 AM by Howard Bashman



"Duke grad may get seat on bench": The Herald-Sun of Durham, North Carolina today contains an article that begins, "After enduring a nearly three-year wait, James C. Dever may be one step closer to pounding the gavel in North Carolina's Eastern District Federal Court."
Posted at 07:10 AM by Howard Bashman



Impeach Justice Antonin Scalia: Law Professor Orin Kerr leads the charge on behalf of this Nation's true conservatives.
Posted at 07:04 AM by Howard Bashman



"Judicial Nominee Under Scrutiny; A senator wants a probe into whether William G. Myers, an ex-Interior solicitor, lied about his role in a disputed deal": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 07:02 AM by Howard Bashman



"6 Votes of Separation Over Filibuster; Democrats need to sway several of the 55 GOP senators to win a fight over changing the rules for judicial picks; Many say they're getting close": This article appears today in The Los Angeles Times.

The Knoxville News Sentinel today contains an article headlined "Alexander: OK votes on nominees; Move over Bush's judicial picks would avoid rule change."

The Charlotte Observer reports that "Senate panel to vote on judicial nominees."

The Hill contains an article headlined "Nelson: Let's make a deal."

The Detroit Free Press contains an editorial entitled "Senate Bullies: Changing filibuster rules would set bad precedent."

The Lincoln Journal Star contains an editorial entitled "GOP should rethink plan to go 'nuclear.'"

And at National Review Online, Jonah Goldberg has an essay entitled "Disrobing Our Masters; The judicial days of decorum are past."
Posted at 06:54 AM by Howard Bashman



Tuesday, April 12, 2005


On this date in "How Appealing" history: On this date in 2004, it became publicly known that Justice Antonin Scalia had apologized to reporters for the seizure of their audiotape recordings following a speech that he had delivered the week before in Mississippi. I offered posts linking to the apology itself and to press coverage of the apology.
Posted at 11:44 PM by Howard Bashman



"Hail of criticism batters judges, imperils justice; Threats and attacks endanger bench's independence": This editorial appears today in USA Today, along with an op-ed by Rick Scarborough entitled "Judges step out of bounds; Reforms are needed to halt rulings that exceed constitutional powers."
Posted at 11:32 PM by Howard Bashman



"Republicans May Hasten Showdown on Judicial-Nomination Filibusters": This article will appear Wednesday in The New York Times.
Posted at 11:12 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Justices Kennedy, Thomas Respond to Criticism From Congress."

Marcia Coyle reports that "Supreme Court to Review Patent Safe Harbor; Ruling could have big impact on drugs, biotech."

In other news, "Admonition and Apology Over Federal Judge's 'Bush v. Gore' Remarks Found Sufficient."

And an article reports that "Bid to Upset Sentence Under 'Booker' Rejected; 2nd Circuit says no retroactivity for case on collateral review."
Posted at 10:50 PM by Howard Bashman




"Specter endorses Owen; Texan's abortion-related rulings neutral, senator says as vote nears": This article will appear Wednesday in The Dallas Morning News.
Posted at 09:04 PM by Howard Bashman



"Filibuster Fight Isn't Lost for Democrats Yet": The Los Angeles Times has just posted online this news update.
Posted at 09:00 PM by Howard Bashman



Available online from The Los Angeles Times: A news update headlined "Lawmakers Consider Widening School Mascot Prohibition" begins, "Almost a decade after American Indian mascots were banned from Los Angeles public schools, California lawmakers this week are again considering a statewide prohibition on 'Redskins.'" Yesterday, I had a related post here.

Today's newspaper contains an article headlined "Testing Copyright Limits: Grouper's creators say it's not like other file-sharing programs; The entertainment industry isn't so sure."

Also in today's newspaper, David Kaczynski has an op-ed entitled "Death Penalty Turnaround." David Kaczynski is the brother of the Unabomber and was instrumental in enabling the authorities to determine who was responsible for those crimes.
Posted at 08:45 PM by Howard Bashman




The Knight Ridder Newspapers are reporting: Stephen Henderson has an article headlined "Teen killers, now spared death sentences, remain in need of rehabilitation."

And James Kuhnhenn has an article headlined "Congressional Democrats move to exploit schisms in GOP ranks" that begins, "Sensing divisions within the GOP ranks, congressional Democrats are turning up the heat on Republicans, accusing them of trying to use their power to intimidate judges, change Senate rules and avoid ethics scrutiny."
Posted at 08:30 PM by Howard Bashman




"High Court Justices Seek Security Boost": Hope Yen of The Associated Press reports here that "Two Supreme Court justices urged Congress on Tuesday to provide more money to boost security at their building, saying recent attacks on federal judges underscore the need."

And law.com's Tony Mauro provides a news update headlined "Justices Defend Judiciary Against Hill Jabs."
Posted at 05:58 PM by Howard Bashman




In Wednesday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain an article headlined "Bringing the case against judges: Are 'activist judges' ruining America? That's the fear of a newly formed coalition of religious conservatives who are urging Congress to push back."

And Rondi Adamson will have an op-ed entitled "Borderless blogs vs. Canada press ban."
Posted at 05:40 PM by Howard Bashman




"2 Groups at Odds With GOP on Filibusters": Jesse J. Holland of The Associated Press reports here that "Two groups normally allied with Republicans have bolted from the party's effort to ban judicial filibusters - the first major defections from a conservative push to prevent Senate Democrats from blocking President Bush's judicial nominees."
Posted at 05:24 PM by Howard Bashman



"Uppity judges on both sides": Today in The Rocky Mountain News, Law Professor Paul Campos has an op-ed that begins, "Suppose the American Civil Liberties Union were to organize a conference in Washington, D.C., attended by Democratic members of Congress and prominent liberal activists, at which one of these activists gave a speech implying that Justice Antonin Scalia ought to be assassinated."

Meanwhile, today at Human Events Online, Patrick J. Buchanan has an essay entitled "Fighting and Winning the 'Judges War.'" And Phyllis Schlafly has an essay entitled "Next We Should Starve the Courts."

Finally for now, online at Townhall.com, Thomas Sowell today has an essay entitled "Above criticism?"
Posted at 05:04 PM by Howard Bashman




En banc Eleventh Circuit rejects challenge under the equal protection clause of the Fourteenth Amendment and Section 2 of the Voting Rights Act to Florida's felon disenfranchisement statute: You can access today's ruling at this link. Previously, a divided three-judge panel had reached the opposite result in the very same case.

Update: At his "Election Law" blog, Law Professor Rick Hasen offers this analysis.
Posted at 04:45 PM by Howard Bashman




"The jury is in: Letterman is out." The Journal News of Westchester, New York today contains an article that begins, "David Letterman didn't have to resort to any of his Top 10 ways of staying off a Westchester County jury yesterday."
Posted at 04:28 PM by Howard Bashman



"Judge Won't Recuse in Morgan Stanley Case": The Associated Press provides this report.
Posted at 04:24 PM by Howard Bashman



"Republicans Clash Over Filibuster": This post today at "Taegan Goddard's Political Wire" notes a Wall Street Journal article reporting that the Republican leadership in the U.S. Senate still lacks the votes necessary to invoke the so-called "nuclear option."
Posted at 04:20 PM by Howard Bashman



"Slate's Jurisprudence: Visitation Rights for Grandparents." Dahlia Lithwick had this report (RealPlayer required) on today's broadcast of NPR's "Day to Day."
Posted at 04:15 PM by Howard Bashman



Reader mail: In response to this post from yesterday, Law Professor R. Polk Wagner emails:
Your recent post concerning the Federal Circuit's 'experiment' with pre-announcing panels was interesting, and prompted me to respond. In general, I think pre-announcing panels is probably good for the lawyers, but probably bad for the law, for the following reasons:

1. An appellate court might want to preserve the aura that the court makes decisions independent of the specific panel involved in a given case. This improves confidence in the court system, de-personalizes the appeals, etc.

2. Far more importantly, one might expect that pre-announcing panels will have a detrimental effect on the development of legal doctrine, by distorting the distribution of decision-making among panels. For example, in the Claim Construction research project that I run, we are able to demonstrate that several panels of the Federal Circuit are (with respect to patent claim construction) are highly predictable (~90+ percent confidence), while others are far more unpredictable. You can see this in action at the Federal Circuit Predictor Tool which offers a way of predicting -- given panel membership -- case outcomes.

So here's the problem with pre-announcing panels: Given the information provided by the Federal Circuit Predictor tool (which is, after all, essentially a highly systematic and formalized way of assessing the judges in the same way good lawyers do by hunch and experience), we should expect that, over time, the distribution of last-minute settlements will be uneven -- with less settlements occurring where an unpredictable panel is assigned. Thus, over time, the unpredictable panels will be generating more than their random share of decisions, and (more importantly), opinions. Thus, the caselaw might well suffer.

I explore these and other facets of panel dependency in the context of the Federal Circuit in my article, "Is the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance."

I thank Professor Wagner, whose blog you can access here, for sending this along.
Posted at 03:33 PM by Howard Bashman



U.S. Court of Appeals for the Fourth Circuit vacates order that authorized involuntary medication to attain the competency of a defendant charged with, among other things, threatening to murder a federal judge: You can access today's ruling at this link.
Posted at 03:04 PM by Howard Bashman



"Ribstein on the Law & Economics of Blogging": Law Professor Lawrence B. Solum, at his amazing "Legal Theory Blog," has this post linking to Law Professor Larry E. Ribstein's new article, "Initial Reflections on the Law and Economics of Blogging." Solum calls the article "A must read for bloggers."
Posted at 02:05 PM by Howard Bashman



Thou shalt seek reconsideration where jurors' consultation of Bible caused death sentence to be overturned: The Rocky Mountain News reports today that "Justices asked to rehear case; DA wants high court to reconsider killer's death row removal."

I previously noted last month's ruling of the Supreme Court of Colorado in posts you can access here, here, and here.
Posted at 02:02 PM by Howard Bashman




"Top Court Seeks More Money for Police Security": Reuters provides this report. According to Reuters, the request was contained in prepared remarks that Justice Anthony M. Kennedy was scheduled to deliver this afternoon in an appearance before the House Appropriations Subcommittee on Transportation, Treasury, Housing and Urban Development, the Judiciary, District of Columbia and Independent Agencies.

Some may recall that this past Saturday in The Washington Post, Dana Milbank had an article headlined "And the Verdict on Justice Kennedy Is: Guilty." The article begins, "Supreme Court Justice Anthony M. Kennedy is a fairly accomplished jurist, but he might want to get himself a good lawyer -- and perhaps a few more bodyguards."
Posted at 01:44 PM by Howard Bashman




"Attack on courts threatens crucial checks and balances": Law Professor Erwin Chemerinsky has this interesting essay today in The Daily Journal.
Posted at 01:22 PM by Howard Bashman



"When having no information is too much information: Why must bloggers keep us apprised on days when they have nothing to say?" Alan Greenblatt had this essay in Sunday's edition of The San Francisco Chronicle.
Posted at 11:18 AM by Howard Bashman



"Appeals court restores part of Young's civil-rights suit; The decision says U.S. District Judge Mary Lisi should have let a jury decide whether the city was responsible for poorly training an officer involved in the shooting death of Sgt. Cornel Young Jr. in 2000": This article appears today in The Providence Journal.
Posted at 10:05 AM by Howard Bashman



"Apple vs. the press": This post at "Scott Rosenberg's Links & Comment" links to an amicus brief filed on behalf of some well-known bloggers in the currently pending Apple Computer vs. bloggers appeal. A list of the bloggers who have joined in the amicus brief can be accessed at a post titled "Bloggers Speak Up in Apple Case" at Electronic Frontier Foundation's "Deep Links" blog.
Posted at 09:55 AM by Howard Bashman



"The Supreme Court Case Involving Johnnie Cochran: Does The Controversy Survive His Death? And If So, Who Should Win?" FindLaw columnist Julie Hilden has this essay today. Hilden is also one of the participants in this week's "Debate Club" feature here at legalaffairs.org, on the subject "Does Fame Help in Court?" To my dismay, the debate centers on the client's fame, not the lawyer's.
Posted at 09:50 AM by Howard Bashman



"In Contempt of Courts": Online at The Nation, Max Blumenthal has an essay that begins, "Michael Schwartz must have thought I was just another attendee of the 'Confronting the Judicial War on Faith' conference." C-SPAN has posted online here (RealPlayer required) nearly three hours of coverage from the first day of that conference.
Posted at 09:44 AM by Howard Bashman



"Failure Buster: The filibuster helps conservatives more than liberals; It's time to get rid of it." Matthew Yglesias has this essay online today at The American Prospect.
Posted at 09:40 AM by Howard Bashman



"Democrats should let GOP kill the filibuster": Paul Kujawsky has this op-ed today in The Los Angeles Daily News.
Posted at 07:12 AM by Howard Bashman



"Fears cancel justice's speech to club; Concerns about security raised during the Schiavo saga prompt Tiger Bay Club to cancel its luncheon": The St. Petersburg Times today contains an article that begins, "Threats of violence during the Terri Schiavo case have prompted the cancellation of a Florida Supreme Court justice's speech to the Suncoast Tiger Bay Club."
Posted at 07:10 AM by Howard Bashman



"Death penalty sought in retrial of trucker; Tyrone Williams to face one count in the immigrant smuggling case": Harvey Rice has this article today in The Houston Chronicle.

And The Los Angeles Times reports today that "Trucker to Be Retried in Smuggling Case; A conviction on a conspiracy charge could bring Tyrone Williams the death penalty in an incident in which 19 illegal immigrants died."
Posted at 07:04 AM by Howard Bashman




"Let Ten Commandments debate begin: The framers of our Constitution did not draw upon the Bible to shore up our legal system." Sol Wachtler and David Gould have this op-ed today in Newsday.
Posted at 07:02 AM by Howard Bashman



"No pauper's burial for Chicago killer; Funeral director will put to rest man who slayed husband, wife of judge": This article appears today in The Milwaukee Journal Sentinel.

And The Peoria Journal Star today contains an article headlined "Panel: Judges deserve more protection" that begins, "The Senate Appropriations Committee has approved $11.9 million to provide more protection for federal judges in their homes and courthouses in a move prompted by the recent murders of a federal judge's relatives in Chicago."
Posted at 07:00 AM by Howard Bashman




"Court affirms prison ban on nude photos": Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a decision that the California Court of Appeal for the Fourth Appellate District, Division One, issued yesterday.
Posted at 06:52 AM by Howard Bashman



"Boyle's wait may end; 14 years later, Judiciary Committee may vote on nominee": This article appears today in The Charlotte Observer.
Posted at 06:32 AM by Howard Bashman


Monday, April 11, 2005


On this date in "How Appealing" history: On April 11, 2003, I had a post titled "Dogs named 'Poopi' don't make for good plaintiffs," in which I cited to an Ohio intermediate appellate court's ruling that begins, "This is the story of 'Poopi,' a dog who tried to sue for emotional distress and failed."
Posted at 11:45 PM by Howard Bashman



"War looms over next CJ: Supreme Rehnquist may quit soon." This article appears today in The New York Daily News.
Posted at 11:15 PM by Howard Bashman



"Man who confessed to killing judge's family to get funeral": The AP provides this report.
Posted at 11:04 PM by Howard Bashman



"Black leaders urge nominee rejected": The Associated Press provides a report that begins, "Black leaders urged the U.S. Senate to reject the nomination of U.S. District Judge Terrence Boyle to the federal appeals court in Richmond, Va., saying his hostility to civil rights and high rate of reversal makes him unfit for the job."
Posted at 11:02 PM by Howard Bashman



"Showdown on judges: Senate Republicans would make a mistake by shoving through once-rejected nominees." This editorial will appear Tuesday in The Atlanta Journal-Constitution.
Posted at 10:48 PM by Howard Bashman



Available online from law.com: Jeff Chorney has an article headlined "Graveyard Shift: An increasingly conservative 9th Circuit is growing less receptive to capital claims."

Shannon P. Duffy has an article headlined "Who Gets Paid in Securities Cases? Look to the Lead Plaintiffs, Says 3rd Circuit."

And Jonathan Ringel reports that "Guilty Plea May Lead to Rudolph Being Key Witness in Olympic Bomb Civil Trials."
Posted at 10:45 PM by Howard Bashman




"Death penalty back on table for trucker in deadly smuggling case": Harvey Rice of The Houston Chronicle has a news update that begins, "Truck driver Tyrone Williams, who avoided the death penalty in his immigrant-smuggling trial last month, will again face the possibility of a death sentence when federal prosecutors put him on trial again."
Posted at 10:40 PM by Howard Bashman



"Feminist Writer Andrea Dworkin Dies at 58": Reuters provides this report.

And The Associated Press reports that "Feminist Andrea Dworkin Dies at 58."
Posted at 09:10 PM by Howard Bashman




"Court Reinstates Suit Against R.I. Cops": The Associated Press provides this report.
Posted at 09:00 PM by Howard Bashman



In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit holds that the removal provisions of the Class Action Fairness Act of 2005 do not apply to cases filed in state court before that Act became law: Or, stated another way, the only state court class actions that can be removed to federal court within the Tenth Circuit under the newly enacted law are those filed in state court after February 18, 2005, when President Bush signed the Class Action Fairness Act into law. You can access today's ruling at this link.
Posted at 08:40 PM by Howard Bashman



"Senate Confirms 1st Judge of 2nd Bush Term": The Associated Press provides this report.
Posted at 07:02 PM by Howard Bashman



"Mr. Smith Locks up Washington": Mark Moller has this essay online at FOXNews.com.
Posted at 06:04 PM by Howard Bashman



"Tom the Dancing Bug" revisits Justice Antonin Scalia: You can access the comic from earlier this month at this link.
Posted at 06:00 PM by Howard Bashman



"News Cos. Support Reporters in Apple Case": The Associated Press reports here that "More than a half-dozen news organizations are supporting three online journalists who published articles about a top-secret technology product that Apple Computer Inc. says was protected by trade secret laws."

You can access the amicus brief at this link. And The Reporters Committee for Freedom of the Press has today issued a press release titled "Reporters Committee files brief supporting journalists subpoenaed by Apple over marketing plans."
Posted at 05:30 PM by Howard Bashman




First Circuit decides appeal arising from racially charged shooting death of black off-duty Providence, Rhode Island police officer by two white on-duty Providence police officers as all three were responding to the same incident: You can access today's ruling on the merits at this link.

By means of a separate opinion issued today arising from the same case, the First Circuit overturned Rule 11 sanctions against the plaintiff's lawyers and the revocation of pro hac vice status imposed against attorneys Barry Scheck and Nicholas Brustin of the New York-based law firm of Cochran, Neufeld & Scheck LLP.
Posted at 05:04 PM by Howard Bashman




"Judge: Tobacco CEO Testimony Self-Serving." Reuters provides this report.
Posted at 04:11 PM by Howard Bashman



U.S. Court of Appeals for the Third Circuit examines availability of attorneys' fees to compensate non-lead plaintiffs' counsel in case arising under the Private Securities Litigation Reform Act of 1995: Senior Circuit Judge Edward R. Becker is the author of today's lengthy decision.
Posted at 03:12 PM by Howard Bashman



"Judge Nixes Stewart's Bid for New Sentence": The Associated Press provides this report on a development today in the Martha Stewart case.

And Reuters reports that "Judge Denies Stewart's Bid to Relax Confinement."
Posted at 03:04 PM by Howard Bashman




Two months after U.S. Court of Appeals for the Second Circuit denied rehearing en banc in Vermont campaign finance law case, judges issue opinions dissenting from that denial: You can access all three of today's dissenting opinions at this link. And this may not even be the end of it. According to today's order, "Other judges of the court have indicated that they expect to file opinions concurring in the denial of in banc rehearing in due course. Further dissenting opinions may also be forthcoming."

The three-judge panel's earlier ruling in the case can be accessed here (majority opinion) and here (dissenting opinion).
Posted at 03:00 PM by Howard Bashman




"Stevens ready to quash Senate filibusters": This article appears today in The Fairbanks Daily News-Miner.
Posted at 02:28 PM by Howard Bashman



"CAFC Judge Mayer: 'maybe posting paneling is a very, very bad thing.'" Last month, the blog "Patently-O: Patent Law Blog" had this post reporting the remarks at an oral argument by one judge on the U.S. Court of Appeals for the Federal Circuit who was questioning the wisdom of that court's relatively recent practice of disclosing in advance of oral argument which three-judges have been assigned to hear and decide the appeal.

Today, the Federal Circuit issued a decision in that case, holding that the appellee's covenant not to sue, entered into in apparent reaction to learning the identities of the judges assigned to hear the appeal, mooted the case. "Patently-O: Patent Law Blog" offers a report about today's ruling titled "Appeals Court Dismisses Apotex Case Against Pfizer's Quinapril Patent."

From my perspective as an appellate advocate, I much prefer learning in advance of the date for oral argument which three judges have been assigned to hear and decide the case. Are there any persuasive arguments for why the identities of the judges assigned to an appeal should not be made known until the time of oral argument? If so, why shouldn't their identities be shielded until the time of the ruling? At oral argument they could sit behind opaque partitions and have their voices synthesized so that their identities are completely masked.

Perhaps the argument favoring secrecy is that three-judge panels doing the work of a larger appellate court are supposed to reflect the judgment of the court, and not the judges as individuals? But in practice, judges on three-judge appellate panels appear to be deciding cases in the manner that the individual judges believe is correct, instead of attempting to suppress their individual views in favor of the perhaps differing views that a majority of judges on the full court would have.

If readers disagree with my analysis or believe that I am overlooking worthwhile arguments on either side of this issue, please let me know.
Posted at 02:00 PM by Howard Bashman




Double digits! Ten years ago today, my wife and I had the pleasure of welcoming our son into the world.

He and I will celebrate the occasion by, among other things, attending many baseball games, including this Friday's Braves-Phillies game. We also have tickets to this Sunday's Braves-Phillies game, but because that's been changed to a night game (thanks ESPN!) he won't be able to attend. Such are the perils of growing up the son of a Braves fan in the Philadelphia region. Not among his birthday presents, however, is this newly unveiled Braves cap (worn by the team for Sunday home games, along with the new alternate jersey), because we didn't learn of its existence until yesterday's game.
Posted at 12:06 PM by Howard Bashman




"Third attempt to ban mascot; Lawmaker Goldberg again targets schools' use of 'Redskins'": This article appears today in The Sacramento Bee.

In somewhat related news, The Santa Fe New Mexican reported earlier this month that "Illini mascot forced from tournament." And last Thursday, columnist Greg Couch had an essay entitled "Where's the Chief? Illinois must decide" in The Chicago Sun-Times. Back on June 1, 2004, as I noted here that day, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that begins, "This case, raising First Amendment issues involving the University of Illinois, concerns 'Chief Illiniwek,' who, depending on one's point of view, is either a mascot or a symbol of the university." My coverage of that ruling provoked an avalanche of reader mail, which can be sampled here, here, and here.
Posted at 11:44 AM by Howard Bashman




"Why Nuclear War May Be Undesirable: Filibusters--a bad idea whose time has come." Mickey Kaus has this post up at kausfiles. My take on the issue appears today in The Legal Intelligencer (see the sidebar for the title and first sentence), but it won't be available online here, subscription-free, until Wednesday.
Posted at 11:28 AM by Howard Bashman



"Blawg Review #1" has its debut at "Notes from the (Legal) Underground": Click here to access a round-up of noteworthy posts from law blogs you may never have visited.
Posted at 10:55 AM by Howard Bashman



"Pothead Grandmother Spared Jail": In news from England, Reuters provides this report.

BBC News reports that "Cannabis grandmother spared jail; A 66-year-old grandmother from Northumberland has been spared jail by a judge for drug dealing."

Saturday's edition of The Times of London reported that "Guilty cannabis granny is free to carry on baking," while in today's newspaper Mary Kenny has an essay entitled "Pass that reefer, grandma."

The Sun (UK) reports that "Pot granny spared jail."

The Guardian (UK) reports today that "Cannabis pensioner takes on Hain in Neath stronghold" and reported on Saturday that "Cannabis case grandmother is spared prison."

Finally, Saturday's edition of The Independent (UK) reported that "Grandmother fined for drug deals."
Posted at 10:44 AM by Howard Bashman




"Addicted to the Courts": Law Professor Burt Neuborne has this quite interesting essay online at The Nation.
Posted at 10:22 AM by Howard Bashman



"A Suit That Makes More Cents for the Lawyers; A reporter's son joins the millions who unwittingly become class-action plaintiffs; His cut: 49 pennies." This article appears today in The Los Angeles Times.
Posted at 10:08 AM by Howard Bashman



"Judge Scolded For Advocating Bush’s Defeat; Panel Says It Was An Ethics Violation": Josh Gerstein of The New York Sun, who has owned this story since day one, today has this article in that newspaper. I first noted Friday's decision of the Judicial Council of the Second Circuit in a post you can access here.
Posted at 07:28 AM by Howard Bashman



"State court sides with parents on visitation": This article, reporting on Jenifer and Gary Troxel, appears today in The Seattle Times. As I earlier noted here, this past Thursday the Washington State Supreme Court again struck down that State's grandparent visitation law.
Posted at 07:25 AM by Howard Bashman



"Ginsburg's reasoning is foreign to real logic": The Mobile Register today contains an editorial that begins, "If Supreme Court Justice Ruth Bader Ginsburg thought last week that she was providing intellectual justification for letting foreign courts influence American judges, she was mistaken."
Posted at 07:22 AM by Howard Bashman



"Plan for top-court judges attacked by opposition": Saturday's edition of The Toronto Globe and Mail contained this article.

The Montreal Gazette today contains an editorial entitled "No way to pick judges for the Supreme Court."

And The Toronto Star today contains an editorial entitled "Vetting our judges."
Posted at 07:20 AM by Howard Bashman




"Grokster Case May Rewind Betamax Precedent; The Supreme Court Is Weighing Arguments About the Legality of File-Sharing Programs Like Kazaa": The Columbia Spectator contains this article today.
Posted at 07:14 AM by Howard Bashman



"Mississippi sets bar for restrictions on abortion": This article appears today in The Atlanta Journal-Constitution.
Posted at 07:12 AM by Howard Bashman



"Senator Won't Apologize for Linking Judicial Politics, Violence": Luiza Ch. Savage has this article today in The New York Sun.

The Washington Times reports today that "GOP sees judges as fair game."

The San Antonio Express-News contains an editorial entitled "Remarks about judges strike frightening chord."

The Charlotte Observer contains an editorial entitled "Scalia vs. DeLay: A principled conservative vs. a political opportunist."

In The Washington Post, columnist Ruth Marcus has an op-ed entitled "Booting the Bench: There's new ferocity in talk of firing activist judges."

And in The Daily Republic of Fairfield, California, Robert Lando has an essay entitled "Courts did their job in Schiavo case."
Posted at 07:10 AM by Howard Bashman




"Murder case unites Puerto Ricans against death penalty; Capital punishment prohibited on island, but Washington says federal crimes an exception": The Morning Call of Allentown, Pennsylvania contains this article today.
Posted at 07:04 AM by Howard Bashman



"McGregor ready for challenge as state's new chief justice": This article appears today in The Arizona Republic.
Posted at 07:00 AM by Howard Bashman



"McCain Sees 'Slippery Slope' in Filibuster Ban; He is among the GOP senators who oppose a rule change that would curtail the Democrats' ability to contest federal judicial nominees": Ronald Brownstein has this article today in The Los Angeles Times, along with a "Washington Outlook" essay entitled "Bush's Neglect of Consensus May Be Kindling Fiery Senate Showdown."

The Pittsburgh Post-Gazette reports today that "Senate feels heat on changing filibuster rules stalling bench picks."

Online at Mother Jones, Michael Scherer has an article entitled "Nuclear War Games: Each side in the filibuster debate is spinning its own version of Senate history."

And Richard N. Bond has an op-ed in Newsday entitled "The Byrd precedent is for the birds; Former majority leader and fellow Democrats show hypocrisy in chiding GOP for majority vote."
Posted at 06:45 AM by Howard Bashman



Sunday, April 10, 2005


On this date in "How Appealing" history: As noted here, I spent most of April 10, 2003 visiting an appellate client in prison. On my return to the keyboard later that day, in a post titled "Victory for the free speech rights of college journalists," I noted a ruling that a three-judge Seventh Circuit panel issued that day. As noted here, on January 8, 2004, the case was reargued en banc before the Seventh Circuit. Uncharacteristically, that court has yet to issue its en banc ruling.

One year ago today, I had a Justice Antonin Scalia-related post titled "Duck-gate, meet tape recording-gate." And those who prefer their federal legislation laced with obscenities were in luck that day, as I linked to this bill. Speaking of which, that day I also linked to "a picture of John Ashcroft's face, made entirely of little porn people."
Posted at 11:45 PM by Howard Bashman




"No Issue Is Too Obscure For a Political TV Ad Campaign": Monday's edition of The Wall Street Journal will contain an article (free access) that begins, "Senate filibusters? United Nations ambassador-nominees? Ad campaigns on topics that are typically fodder only for political junkies glued to C-SPAN are making the leap to mainstream television."
Posted at 11:35 PM by Howard Bashman



Available online at Salon.com -- are six Justice Antonin Scalias better than one? "How Appealing" reader Farhad Manjoo has an essay, bearing tomorrow's date, entitled "Here comes the Scalias: The religious right may have lost its battle over Terri Schiavo, but its war against 'liberal judges' has just begun."

Michelle Goldberg has an article entitled "In theocracy they trust: Christian right leaders denounced separation of church and state and prayed for a judge's deliverance to Satan; And their Capitol Hill allies were right there with them." The link to the second page of this article asks "Does Anthony Kennedy need bodyguards?"

Finally, here's Tom Tomorrow's take on the situation.
Posted at 11:32 PM by Howard Bashman




"A Political Tornado in Kansas" Phill Kline, the state's attorney general, often preaches from pulpits as he pushes a conservative agenda; Critics say he's overstepped his bounds." Monday's edition of The Los Angeles Times will contain this front page article.
Posted at 11:25 PM by Howard Bashman



"Will property-rights revolt reverberate beyond Oregon?" This interesting article appears today in The Seattle Times.
Posted at 11:20 PM by Howard Bashman



Don't worry, "The Becker-Posner Blog" still isn't "Wonkette": In new posts available online tonight (here and here), "The Becker-Posner Blog" addresses "The Sexual Revolution."
Posted at 11:14 PM by Howard Bashman



"Dismiss DeLay threats": This editorial will appear Monday in The Milwaukee Journal Sentinel.

The Times Herald-Record of Middletown, New York today contains an editorial entitled "Attacking judges: Religious extremists have hijacked the Republican Party."

Today in The Fort Worth Star-Telegram, Linda P. Campbell has an essay entitled "Cornyn's remarks about courts? Objection!"

In The Roanoke Times, an unidentified columnist has an essay entitled "Alarming and ugly intimidation against judges."

And in The Nashua Telegraph, John Hall has an essay entitled "Schiavo case emboldened first-term senators."
Posted at 11:05 PM by Howard Bashman




"Filibuster Fight a Crucial Test of Frist's Leadership": On Friday, Richard Lessner had this essay at Human Events Online.
Posted at 10:54 PM by Howard Bashman



"In the Partisan Power Struggle, a New Underdog Tries Old Tricks": This article will appear Monday in The New York Times.
Posted at 10:50 PM by Howard Bashman



In news from Utah: The Deseret Morning News reported yesterday that "Harasser of justices gets May court date."
Posted at 10:45 PM by Howard Bashman



"Moving On, Looking Back": The April 18, 2005 issue of U.S. News & World Report will contain this article noting the forthcoming tenth anniversary of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City.
Posted at 10:40 PM by Howard Bashman



Bobblehead Scalia and the never-ending search for marital bliss: A judicial law clerk on a U.S. Court of Appeals emails, in response to my recent link to Tony Mauro's article on The Green Bag's forthcoming distribution of Justice Antonin Scalia bobblehead dolls:
Characters: "Young, Debt-Laden Clerk" (YDLC) and "Mrs. Young, Debt-Laden Clerk" (MYDLC).

YDLC: So I ask my wife, "Now that we're getting the Scalia bobblehead doll, we've got to ask: Do we keep it or sell it?"

MYDLC: "Sell it? Who would buy it?"

YDLC: "People. On eBay. Maybe even for a couple hundred bucks."

MYDLC: "What??? A couple hundred bucks? What's it made of?

YDLC: "Mostly bobble."

MYDLC: "Yes, we're selling it. If you kept it, I wouldn't even be able to LOOK at it knowing it cost us hundreds of dollars."

YDLC: "So what you're saying is, I shouldn't have told you about it?"

MYDLC: "No, I'm telling you that if you hadn't told me, I would have found out someday and absolutely killed you."

All I can hope is that a link to the eBay auction will be forwarded to me when the item is posted for sale. I can't help but think that the passion so many feel toward Justice Scalia will make his bobblehead doll the most expensive yet on the open market.
Posted at 10:30 PM by Howard Bashman



Sorry, but many "How Appealing" readers don't want more links to "The Volokh Conspiracy" and fewer links to Linda Greenhouse and Hope Yen: Many readers have responded to an email that I posted here the other day suggesting changes to this blog. Here are some of the more notable responses.

An appellate attorney based in Washington, DC emails:

I thought you were gracious in posting the law student's comment. I thought it would be helpful for you to hear a somewhat contrasting view. I share the sense that your commentary and analysis of decisions is balanced and insightful -- to my mind, the more of that the merrier. But I don't think it's accurate to suggest that other things on your blog -- in particular, the news story links -- are less than extremely valuable. The blog is a singular resource in many ways, including that one. I know that it takes a phenomenal amount of time, and How Appealing is the one-stop place for those materials. (I'm sure I look at it at least a half-dozen times in a day.) I can't imagine how much more time it would take for you to read each article in detail and make evaluative choices about to what to link. In my view, if a reader is interested in a subject, s/he will read the relevant article -- if not, s/he will pass it by.
A journalist emails:
As a member of the popular press, I enjoyed the posting from "a law student at top 20 law school." Was it really unsigned? You can narrow your search by concentrating on people who cannot spell...

As for the person's complaints, for my part, I think it's more useful to have an excess of viewpoints rather than depend on someone else to do the sifting. As i told you the other day, my instincts pegged you as leaning to the right, but I think you do a fabulous job of giving voice to both sides. The person who wrote this note obviously would be happier to get only the perspective that fits his/her political viewpoint. I do get tired of people slamming the press when there is so much media available. If you dont like the Associated Press or The Washington Post, then don't read them. People forget the role they play as consumers. Nothing is shoved down people's throats anymore and everyone has an agenda. Would these critics prefer to have less choice? I doubt it.

A reader who presumably isn't from Akron, Ohio emails:
I come to the site to for an overview of what is happening in the legal world - good, bad, and ugly. While I may not necessarily agree with what one side is putting out (or even read it), I like having a centralized place where I can find it. While I sympathize with your reader's time constraints having graduated not too recently, I question how much time he would actually save if you adopted his suggestions. The titles of the entries make it fairly clear what is being linked to and where, so in effect we are talking about the time it takes him to read the title. After a quick experiment, I find it takes around 2 seconds to skim an entry and determine if I want to proceed. If you had 100 entries in a day, and cut them in half, he would save roughly two minutes. I suspect his actual grievance is not the amount of time he spends reading superfluous entry titles, but is instead the marginal benefit he gets from the time he invests, which takes into account other non-time based factors.

Recently I too had some concerns about content, except they were related to overkill, i.e., I have very little interest in what Akron thinks about....well, anything, especially when I can read what eight other newspapers are reporting, but then I became too worried about what would be omitted. Then I became too worried about getting my work done and stopped worrying about it.

I sincerely thank everyone who took the time to email on this subject.
Posted at 10:25 PM by Howard Bashman



"He blew Title IX whistle; Basketball coach says he wanted better for his daughters": Yesterday's issue of The Decatur (Ala.) Daily contained this article.
Posted at 09:00 PM by Howard Bashman



"History Makes a Case for State Court of Appeal; Brought into existence 100 years ago to help reduce a Supreme Court backlog, the system has expanded along with California itself": This article appears today in The Los Angeles Times.
Posted at 08:58 PM by Howard Bashman



"For our judicial races, a different ball game": The Bismarck (N.D.) Tribune contains this editorial today.
Posted at 08:40 PM by Howard Bashman



"Body of Man in Judge Family Slay Unclaimed": The Associated Press reports here that "No family members could be found to claim the body of a man who confessed to killing the husband and mother of a federal judge in Chicago in a suicide note, authorities said Saturday."
Posted at 08:32 PM by Howard Bashman



"Grazin' Hell: Bush put former industry lobbyists in charge of public lands; Now a deal with a Wyoming rancher has the stewards running for cover." The current issue of Denver's Westword periodical contains a lengthy article that begins, "Taking the oath of office can be a solemn moment in the life of a public servant. For William G. Myers III, a longtime lobbyist for grazing and mining interests, the occasion was an excuse for a corporate bash."
Posted at 07:50 PM by Howard Bashman



In today's edition of The San Francisco Chronicle: The newspaper contains an article headlined "Pendulum begins swing away from death penalty; 'Culture of life' agenda pushes advocates of capital punishment to rethink positions."

And in other news, "An odd twist for an ex-dominatrix; S&M specialist-turned-bureaucrat says she endured harassment from her superior -- a former client." According to the article, the two worked together at the U.S. Department of the Treasury.
Posted at 07:44 PM by Howard Bashman




The Sacramento Bee is reporting: On Thursday, the newspaper reported that "Newdow seeks suit joiners."

And on Friday, the newspaper reported that "Justices suggest state's sentencing law OK."
Posted at 07:42 PM by Howard Bashman




"Law students enjoy supreme opportunity; Clinic lets them work on arguments for cases heard by U.S. High Court": This article appears today in The San Jose Mercury News.
Posted at 07:40 PM by Howard Bashman



"Justice for Life? The case for Supreme Court term limits." OpinionJournal has today posted online this op-ed by Steven G. Calabresi and James Lindgren, originally published Friday in The Wall Street Journal.
Posted at 04:00 PM by Howard Bashman



"Transcript: Sens. Cornyn, Schumer Talk Judiciary." FOXNews.com provides this transcript excerpt from today's broadcast of "FOX News Sunday."

The complete transcript from today's broadcast of the CBS News program "Face The Nation" -- on which Senators Harry Reid (D-NV) and John McCain (R-AZ) discussed the subject of judicial filibusters and the so-called "nuclear option" -- can be accessed here.

And The New York Times provides a news update headlined "Democrats Criticize Republican Moves to Ban Filibuster."
Posted at 03:58 PM by Howard Bashman




Senator John McCain (R-AZ) confirms his opposition to the "nuclear option" to end judicial filibusters: Senator McCain was interviewed this morning on the CBS News program "Face The Nation."
Posted at 10:49 AM by Howard Bashman



"Clinton for Supreme Court: did the Voice get punk'd?" The blog "Blue Mass. Group" contains this post about last Tuesday's "Mondo Washington" essay by James Ridgeway in The Village Voice, headlined "The Courting of Bill -- GOP dream plot: shut out Hillary by appointing hubby to supreme court." Maybe, instead of getting punk'd, the essay was merely a belated April Fool's joke?
Posted at 10:01 AM by Howard Bashman



"Call Them What You Will, Bloggers Won't Shut Up": Rory O'Connor has this op-ed today in The Los Angeles Times.

And "Ernie the Attorney" today has an interesting post titled "Blogger, know thyself; Reader, find something better to do" that begins, "I sometimes encounter a strange form of social awkwardness as a result of this blog."
Posted at 09:58 AM by Howard Bashman




"Bills would shield schools from church-state disputes": This article appeared yesterday in The Patriot-News of Harrisburg, Pennsylvania.
Posted at 09:38 AM by Howard Bashman



Failure to adhere to simple proof-of-mailing requirements costs major Hollywood studios millions of dollars: The Associated Press offers a report headlined "Missed Deadlines Cost Studios Millions" about a ruling that Circuit Judge John G. Roberts, Jr. issued Friday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit. (Thanks to "The Southern California Law Blog" for the pointer.)
Posted at 09:32 AM by Howard Bashman



"Sex boutique owner keeps suing, winning court battles": This article appears today in The St. Louis Post-Dispatch.
Posted at 09:25 AM by Howard Bashman



"The War on Judges": The Los Angeles Times contains this editorial today.

The Philadelphia Inquirer today contains an editorial entitled "Attacks on Judges: Fomenting mob rule."

And in Newsday, Law Professor Charles Gardner Geyh has an op-ed entitled "Judges, not pawns: The Schiavo case is the latest in a series where Congress has overstepped and tried to turn the courts into political chess pieces; it's time for moderates to say enough is enough."
Posted at 09:24 AM by Howard Bashman




"Lobbyists dig in for fight over filibusters; GOP-backed proposal would clear the way for judicial nominees; High court vacancy is prize": This article appears today in The St. Louis Post-Dispatch, along with an article headlined "Durbin is expected to play key role in looming Senate filibuster battle."

The Los Angeles Times reports today that "Key Democrat Assails GOP's Threats to Filibuster; The Senate minority leader says in a radio address that changing rules for judicial picks is 'about the arrogance of those in power.'"

The Clarion-Ledger of Jackson, Mississippi reports that "Cochran, Lott at center of filibuster fight; groups seek to change rules; Ad campaign launched to stop tactics used to block votes."

In The Dallas Morning News, Todd J. Gillman reports that "Hutchison ready to go nuclear on bench nomination."

In the April 18, 2005 issue of Newsweek, Howard Fineman will have an article headlined "Playing Rope-a-Dope: Harry Reid's strategy: let the GOP punch itself out."

The April 18, 2005 issue of Time magazine will contain a newsbrief headlined "Filibuster Face-off: Senate Democrat Harry Reid stands firm against rising G.O.P. pressure."

The Winston-Salem Journal reported yesterday that "Some question move to change filibuster; GOP frustrated about judicial appointments."

Newsday today contains an editorial entitled "Robe rage: There's no good reason for Republicans to go nuclear over the filibuster; Most of Bush's judicial nominees have won."

The Oregonian contains an editorial entitled "Nuking the filibuster: The talking-head debate du jour buries serious issues beneath the usual partisanship of Washington, D.C."

Monday's issue of Investor's Business Daily will contain an editorial entitled "Obstructing Justice."

Judicial filibusters are the subject of "The Burning Question" feature today in The Los Angeles Times. Drex Heikes has an essay entitled "Is the Filibuster Doomed?" Swati Pandey has an item headlined "Talked to Death: Some highlights -- and lowlights -- of the filibuster." And The LATimes also offers this glossary.

In The Advocate of Baton Rouge, Louisiana, Gerard Shields has an essay entitled "Filibuster issue needs debate."

In The Kansas City Star, columnist Steve Kraske has an essay entitled "Conservatives may go ballistic over judiciary."

Yesterday in The Minneapolis Star Tribune, Brian J. Willette had an essay entitled "To serve good of all, judges must win under current rules."
Posted at 09:00 AM by Howard Bashman



Saturday, April 09, 2005


On this date in "How Appealing" history: On April 9, 2003, as I noted here that day, President Bush formally nominated William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit. Whether Judge Pryor, who thereafter became a recess appointee to that court, will receive the up-or-down vote on the floor of the U.S. Senate that he and all other qualified U.S. Court of Appeals nominees deserve remains seriously in doubt two years later.

Also on this date in 2003, I noted here that the U.S. Senate had scheduled a confirmation vote for later in the month on Jeffrey S. Sutton's nomination to the Sixth Circuit. In that vote, Sutton's nomination was confirmed, although not by a filibuster-proof margin because 41 Senators voted "no." I also published memorable posts titled "Conjunction junction" and "Too bad 'How Appealing' doesn't hold caption contests."

One year later, on April 9, 2004, I had a post titled "Duck-gate is just a dull memory now." I collected additional news coverage of the contretemps involving Justice Anton Scalia on that date at this link. And if the husband of a state supreme court justice resigns from his own state job because he used his office computer to visit porn sites, that would be a newsworthy event, as this post from one year ago today demonstrates.
Posted at 11:40 PM by Howard Bashman




"What Can Bloggers Do That Reporters Can't? And vice versa." Jack Shafer has this press box essay online at Slate. The subject is one I'd like to discuss further, from my perspective, should I ever have an appropriate amount of free time in which to do so.

Fortunately, it will take much less free time to post many of the thoughtful reader responses I received to an email that I recently posted here. Thus, I hope to post a bunch of those responses tomorrow.
Posted at 11:20 PM by Howard Bashman




"Reid Blasts GOP Filibuster Threat": This article will appear Sunday in The Los Angeles Times.

Sunday's edition of The Washington Post will report that "Republicans Enlist History in Fight Against Filibusters."

And The Telegraph (UK) reports in its Sunday edition that "Republicans plan to end cherished political tradition of the filibuster."
Posted at 11:05 PM by Howard Bashman




"Courts stuck in the fray; Conservatives, liberals wage war as judges rule on controversial issues": Sunday's issue of The Dallas Morning News will contain an article that begins, "A spate of controversial rulings has propelled the judiciary to the heart of America's political and cultural wars, unleashing a debate that has the potential to alter the balance of power among the branches of government."
Posted at 11:00 PM by Howard Bashman



"Appeals court won't review its Yates ruling; Prosecutors vow to continue fight; mother who killed her five children could get new trial": This article appears today in The Houston Chronicle.
Posted at 10:58 PM by Howard Bashman



"Strumpets, beware: Governor repeals archaic slander law." The Associated Press provides a report that begins, "Impugning a lady's chaste reputation will soon be legal in Washington state. Gov. Christine Gregoire on Friday signed a bill repealing an archaic law that prohibited slander of a woman."
Posted at 10:44 PM by Howard Bashman



"Justice Sanders admonished for ethics-rules violation": The Seattle Times today contains an article that begins:
Washington State Supreme Court Justice Richard B. Sanders was admonished yesterday for violating judicial-ethics rules in connection with his visit to the state's sex-offender treatment center on McNeil Island.

Though admonishment is the least severe disciplinary action, the Commission on Judicial Conduct also took the unusual step of telling Sanders to not hear any cases for two years involving "volitional control," a subject that came up during his McNeil Island visit.

In other coverage, The Olympian reports today that "Supreme Court justice disciplined for tour; Sanders ordered to sit out some cases due to talk with inmates." And The Associated Press reports that "Justice Sanders disciplined for touring sex predator center."

Yesterday's decision of the Commission on Judicial Conduct of the State of Washington, from which Washington State Supreme Court Justice Richard B. Sanders says he will appeal, can be accessed here (majority opinion), here (minority opinion), and here (dissenting opinion). And other filings in the judicial conduct proceeding can be accessed via this link.

Back in April 2004, when this matter first became public, I linked to news coverage here, here, and here.
Posted at 10:30 PM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Padilla's Lawyers Push for High Court Review." I have posted online at this link the recent filing Padilla's lawyers made in the U.S. Supreme Court.

And in other news, Jonathan Ringel reports that "11th Circuit's Birch Keeps Them Guessing; Judge who attacked Schiavo law called 'most unpredictable' on court." The article mentions Eleventh Circuit Judge Stanley F. Birch, Jr.'s "20 questions for the appellate judge" interview, which I posted here in October 2003.
Posted at 10:15 PM by Howard Bashman




"The Evolution of a Justice": In tomorrow's edition of The New York Times Magazine, Linda Greenhouse will have this very interesting article about Justice Harry Blackmun. The article is adapted from Ms. Greenhouse's new book, "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey," which is scheduled to be released early next month.
Posted at 09:15 PM by Howard Bashman



"Signatures to spare? Petitions to keep cross on Soledad reach City Hall." The San Diego Union-Tribune yesterday contained an article that begins, "Proponents of keeping the Mount Soledad cross in place gave the San Diego city clerk well more than twice the required number of signatures yesterday to force the City Council to reconsider a March 8 decision to move the cross."
Posted at 08:55 PM by Howard Bashman



"Richard A. Posner 'Takes Five'; Impact of intellectual property law growing": Seventh Circuit Judge Richard A. Posner, who back in December 2003 participated in this blog's "20 questions for the appellate judge" feature, late last month fielded five questions from The Milwaukee Journal Sentinel.
Posted at 06:50 PM by Howard Bashman



"Buttons of victim's family prompt new trial": Bob Egelko has this article today in The San Francisco Chronicle.

And in The San Jose Mercury News, Howard Mintz reports that "Federal court reverses 1995 murder conviction; Family photo buttons called inflammatory."
Posted at 06:42 PM by Howard Bashman




"High court hears S.D. crime victim's case against taco shop": This article appears today in The San Diego Union-Tribune.
Posted at 04:22 PM by Howard Bashman



"Dems' filibustering serves a majority": Dave Zweifel had this op-ed Monday in The Capital Times of Madison, Wisconsin.
Posted at 04:20 PM by Howard Bashman



"Cornyn responds to backlash from judicial speech; He says it gave Dems a weapon ahead of hearings": Thursday's edition of The Houston Chronicle contained this article.
Posted at 04:11 PM by Howard Bashman



"Rudolph To Plead Guilty to Bombings; '96 Olympics Killer To Get Life in Prison": This front page article appears today in The Washington Post.

The New York Times reports today that "Suspect in Blast at '96 Olympics to Plead Guilty."

The Los Angeles Times reports that "Plea Deal Is Reached in Olympic Bombing."

The Birmingham News contains articles headlined "Rudolph to plead guilty in bombings; N.C. explosives cache revealed in exchange for life sentences" and "Clinic survivor disappointed with plea."

And The Associated Press reports that "Eric Rudolph's defense lawyer an expert at cutting high-profile deals."
Posted at 04:05 PM by Howard Bashman




Let that be a lesson to me: Just because the opinion announcement page of the Tenth Circuit's web site states that no opinions issued yesterday doesn't make it so. Rather, four opinions issued yesterday, including an important en banc decision, producing quite a splintered outcome, involving Booker plain error. Law Professor Douglas A. Berman discusses the decision here at his "Sentencing Law and Policy" blog in one of his characteristically thorough 2 a.m. posts.
Posted at 01:58 PM by Howard Bashman



Available online via C-SPAN: The following video segments are now available online:RealPlayer is required to launch these segments.
Posted at 12:54 PM by Howard Bashman



"Reid Defends Dems' Fight Over Judges": Jesse J. Holland of The Associated Press provides this report.
Posted at 12:45 PM by Howard Bashman



"Judges Deserve Better Protection": Third Circuit Judge Jane R. Roth, chair of the security and facilities committee of the Judicial Conference of the United States, has this op-ed today in The Washington Post.
Posted at 12:44 PM by Howard Bashman



"Rift emerges in GOP after Schiavo case": The Boston Globe today contains an article that begins, "Top conservative leaders gathered here a week after Terri Schiavo's death to plot a course of action against the nation's courts, but much of their anger was directed at leading Republicans, exposing an emerging crack between the party's leadership and core supporters on the right."

The Washington Times reports today that "DeLay denies making threats to judges."

Financial Times reports that "DeLay shrugs off claims of ethics violations."

FOXNews.com reports that "DeLay in Hot Water Again."

The San Antonio Express-News reports that "Remarks on Senate floor trigger critics' big guns."

Newsday contains an editorial entitled "DeLay steps over the line: Republican leader's attack on judges is just his latest inappropriate act."

In The Atlanta Journal-Constitution, columnist Cynthia Tucker has an essay entitled "Fiery rhetoric could explode."

And columnist Tom Teepen of Cox Newspapers has an essay entitled "Too Many Had Axes To Grind In Schiavo Family Feud: The players have gone elsewhere to agitate at some other provocation, leaving a real widower and real parents grieving."
Posted at 09:40 AM by Howard Bashman




"2 Sides Do Battle in Court on Whether E.P.A. Should Regulate Carbon Dioxide": This article appears today in The New York Times.

And BBC News reports that "US government 'must restrict CO2'; Twelve US states, three cities and several prominent environmental groups told a court on Friday that the United States government had a legal duty to restrict greenhouse gas emissions."
Posted at 09:24 AM by Howard Bashman




"And the Verdict on Justice Kennedy Is: Guilty." Dana Milbank has this article today in The Washington Post.
Posted at 08:40 AM by Howard Bashman



"Justice Kennedy on tough cases": Wednesday's edition of The Washington Square News contained an article that begins, "Supreme Court Justice Anthony Kennedy told a packed crowd at the School of Law Monday night to let America absorb the effects of the Court's ruling that anti-sodomy laws were unconstitutional, before applying it to same-sex marriage legislation."
Posted at 08:20 AM by Howard Bashman



"Students, community members to protest Scalia": You can access here a press release issued Thursday that begins, "New York University students and members of Manhattan progressive communities will protest an April 12 ceremony at the university’s School of Law honoring Supreme Court Justice Antonin Scalia as the dedicatee of the 2005 NYU Annual Survey of American Law."

And on Wednesday, The Hattiesburg American contained articles headlined "Scalia speech at JCJC impresses students; Justice says he hasn't given any thought to leading court" and "Jurist still restricts media access."
Posted at 08:15 AM by Howard Bashman




"Barnes Foundation Appeal": The New York Times today contains this newsbrief (third item), in which I am quoted.
Posted at 08:12 AM by Howard Bashman


Friday, April 08, 2005


On this date in "How Appealing" history: On April 8, 2003, I noted here that an Ohio appellate court had issued an opinion expressly invoking (twice, no less) a standard of appellate review appropriate for the dead of winter -- "December novo." I also had a post titled "Another fan of the 'judge song'" about someone who now is a judge on the U.S. Court of Appeals for the Fifth Circuit.

One year ago today, I linked here to an article about a federal district judge in Texas whose regard for the death penalty apparently pales in comparison to her regard for tounge vibrators. And with respect to that day's big news story involving Justice Antonin Scalia, I had posts titled "What kind of publicity would you prefer Justices of the U.S. Supreme Court to generate?" and "Freedom of the press advocacy group protests federal marshal's seizure of recordings."
Posted at 11:20 PM by Howard Bashman




"'Nuclear Option': GOP efforts to end Dem filibustering on judicial nominees could change the face of the Supreme Court; Why aren't Americans paying more attention?" Eleanor Clift today has this commentary online at Newsweek.

And Bloomberg News commentator Ann Woolner has an essay today entitled "End the Fighting Over U.S. Judges! You Go First."
Posted at 10:55 PM by Howard Bashman




Complex patent case in which Seventh Circuit Judge Richard A. Posner served as trial judge featured an unusual en banc ruling today from the U.S. Court of Appeals for the Federal Circuit: Earlier today, I received this quite helpful email from a longtime reader:
You may find this appellate procedure (in an already fascinating and important case) interesting.

Today the Federal Circuit did something I've never seen a court of appeals do before: they effectively voted en banc to remove a particular holding from a panel opinion, with no analysis of that holding beyond the fact of vacatur.

Briefly, in 2003, Seventh Circuit Judge Richard Posner (sitting as trial judge by designation) dismissed a patent infringement case involving the antidepressant Paxil® on the ground that the patent covering Paxil® was not infringed. In 2004, a panel of the Federal Circuit affirmed the judgment, on the alternate ground that the patent was invalid due to public use of the invention more than a year before the patent was applied for. Had the use been "experimental use," it would not have invalidated the patent, but the panel ruled that the use was not experimental.

Today, the Federal Circuit en banc issued an order that granted the parties' petition for rehearing en banc "for the limited purpose of vacating the panel's original opinion addressing the issue of experimental use" and "remanded to the panel for further proceedings," without any analysis.

Also today, the panel issued a new opinion, "pursuant to an order issued by this court en banc," deleting its earlier public use/experimental use holding and replacing it with a new holding that the patent was invalid for a completely different reason.

The way I read it, all the en banc order indicates on the record is that the en banc court does not think the "experimental use" holding should be binding law, and simply wants the panel to try again. (We know this must be true because otherwise the panel itself would simply have withdrawn its previous opinion and resubmitted a new one.) This procedure seems to me to be highly irregular. Usually not even the Supreme Court does this. It is akin to an unpublished reversal en banc. Perhaps some federal courts have been in the habit of doing that, but I've never noticed.

The same-day issuance of the panel's new opinion -- clearly in connivance with the rest of the court -- makes matters even more bizarre. One judge attached a dissent to the en banc order agreeing with the remand "with regard to the issue of experimental use" but arguing that the en banc court should not have "preserved" another of the panel's holdings. But that holding is not in the panel's original opinion -- it's in the new opinion! Clearly, behind the scenes, the en banc court was in possession of the panel's replacement opinion before it issued, but only Judge Newman gives that away.

Does that mean that the en banc panel has already considered the new holding? Judge Newman's dissent certainly did. Now that the losing party has finally seen that new holding, can it still petition for rehearing of it en banc? Surely it has to consider whether the cost of briefing would be worthwhile, given that it knows for a fact that the en banc court already saw the new holding and (albeit without benefit of any ex ante briefing) "preserved" it. Appellate counsel faces an interesting choice.

Elsewhere, the blog "Patently-O: Patent Law Blog" covers today's developments in a post titled "Federal Circuit Makes En Banc Decision in Paxil Case: Patent Inherently Anticipated."
Posted at 10:40 PM by Howard Bashman



"After DeLay Remarks, Bush Says He Supports 'Independent Judiciary'": This article will appear Saturday in The New York Times.
Posted at 10:30 PM by Howard Bashman



"Rudolph to plead guilty; Justice Department says accused bomber will get life sentences with no parole": The Atlanta Journal-Constitution provides this news update. The U.S. Department of Justice's press release can be viewed at this link.
Posted at 10:22 PM by Howard Bashman



"Judges and a climate of fear": Michael Kirkland, UPI Legal Affairs Correspondent, has this essay today.

And The Register-Guard of Eugene, Oregon today has an editorial entitled "How low can he go? DeLay does his best to intimidate federal judges."
Posted at 08:54 PM by Howard Bashman




Police consider whether to point finger at woman who says she found digit in Wendy's chili: The San Jose Mercury News reports today that "Home of woman who reported finger in chili searched."

The San Francisco Chronicle reports today that "Police search home of woman who found finger."

And The Las Vegas Review-Journal reports today that "Chili investigation comes to Las Vegas; Police search home of woman who says she found finger in food."
Posted at 08:50 PM by Howard Bashman




"FBI official hopes Hale sentence is warning": The Chicago Tribune today contains an article that begins:
The FBI boss in Chicago said Thursday he hopes white supremacist Matthew Hale's 40-year prison sentence was a stern warning that threats to the judiciary won't be tolerated.

But just a day after Hale's sentencing for soliciting the murder of a federal judge, one white supremacist Web site raised a question about whether "to string up" the judge who imposed the maximum prison term on Hale.

Below was listed the judge's work address and phone number.

Told of the Web site posting, Robert Grant, the FBI's special agent in charge in Chicago, said he considered it more than a thinly veiled threat to U.S. District Judge James T. Moody, who sentenced Hale on Wednesday.

The Peoria Journal Star reports today that "Hale hopes to serve time in Pekin prison; White supremacist sentenced to 40 years for solicitation of murder."

And The Telegraph (UK) reports that "Race hate leader jailed for plotting to murder judge."
Posted at 08:40 PM by Howard Bashman




"Battle Of The Branches": CBS News legal analyst Andrew Cohen has an essay today in which he writes, "But more than anything, in my dreams, I want to see the loons in Congress try to push for the 'mass impeachment' of federal judges."
Posted at 08:15 PM by Howard Bashman



"Conn. Killer Determined to Be Executed": The Associated Press reports here that "Serial killer Michael Ross, testifying at a hearing aimed at weighing his mental competency, told a judge Friday that he still wants to be executed next month."
Posted at 05:44 PM by Howard Bashman



"Rudolph to Plead Guilty to '96 Olympics Bombing": The Washington Post provides a news update that begins, "Eric Rudolph, the alleged antiabortion bomber who eluded capture for five years in the Carolina woods, has agreed to plead guilty to four bombings including the explosion at the 1996 Olympics in Atlanta, the Justice Department said today." According to the article, the deal will allow Rudolph to avoid the death penalty.
Posted at 05:38 PM by Howard Bashman



U.S. Court of Appeals for the Second Circuit rules that Booker does not apply to cases on collateral review where the defendant's conviction was final as of January 12, 2005, the date Booker issued: You can access today's ruling at this link.
Posted at 05:28 PM by Howard Bashman



BREAKING NEWS -- Judicial Council of the Second Circuit adjudicates judicial misconduct complaints against Second Circuit Judge Guido Calabresi arising out of comments comparing President Bush to Hitler and Mussolini: You can access the Judicial Council's memorandum and order issued today at this link. I have posted a back-up copy of the decision at this link.

Back in June 2004, I provided extensive coverage of this matter, beginning with this post from June 21, 2004 in which I provided a pass-through link to Josh Gerstein's article published that day in The New York Sun under the headline "Audience Gasps as Judge Likens Election of Bush to Rise of Il Duce; 2nd Circuit's Calabresi Also Compares Bush's Rise to That of Hitler."

Later relevant posts from June 2004 can be accessed here; here; here; here; here; here; and here.

Update: Law Professor Rick Hasen has a post titled "Disagreeing with Bush v. Gore Does Not Show Judicial Incompetence."
Posted at 05:00 PM by Howard Bashman




"After Schiavo: Be wary of the courts, not Congress." Quin Hillyer had this op-ed yesterday in The Mobile Register.
Posted at 04:22 PM by Howard Bashman



"Smart bombs: 2 high-powered Chicago thinkers (a Nobel Prize winner and a rabble-rousing federal judge) rattle the blogosphere -- one intellectual grenade at a time." This article about "The Becker-Posner Blog" appeared yesterday in The Chicago Tribune.
Posted at 03:40 PM by Howard Bashman



"Republicans Step Up Attacks on Judiciary": Reuters provides this report.
Posted at 03:15 PM by Howard Bashman



"Senate Battle Over Judges Concerns Business": Reuters reports here that "Paul Miller and other business lobbyists are worried that a battle over President Bush's judicial nominees may tie the Senate into knots, endangering legislation they want turned into law."

FOXNews.com reports that "Panel Dems Sit Out Vote on Bush Nominee."

And The Dayton Daily News yesterday contained an editorial entitled "Both parties can back away from brink."
Posted at 02:22 PM by Howard Bashman




"Court Denies Smucker's PB&J Pastry Patent": The Associated Press reports here that "There's only so far you can go in trying to patent the ever-popular peanut butter and jelly sandwich. On Friday, the U.S. Court of Appeals for the Federal Circuit rejected an effort by J.M. Smucker Co. to patent its process for making pocket-size peanut butter and jelly pastries called 'Uncrustables.'" The ruling does not yet appear available via the Federal Circuit's web site.

According to this post at "Patently-O: Patent Law Blog," "the court issued a per curium Rule 36 decision without opinion."

Update: At "Crescat Sententia," Raffi Melkonian has a post in which he observes that "if this document represents patent applications in general, IP practice must be one of the most (unintentionally) funny legal practices available" and that "the wider point is that the mere existence of the Uncrustable is something of a human tragedy."
Posted at 02:15 PM by Howard Bashman




"Scalia bashes contemporary notion of acceptable religion": The Shreveport Times contains this article today.
Posted at 01:10 PM by Howard Bashman



"Practicing safe blogging: Personal Web blogs are hugely popular; They're also landing some people in a heap of trouble." CNN/Money provides these words of advice.
Posted at 01:05 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: 1. Ninth Circuit Judge Stephen Reinhardt, on behalf of a divided three-judge panel in a state habeas appeal, today issued a majority opinion that begins:
At a murder trial in which the central question is whether the defendant acted in self-defense, are a defendant's constitutional rights violated when spectators are permitted to wear buttons depicting the "victim"? We conclude that under clearly established Supreme Court law such a practice interferes with the right to a fair trial by an impartial jury free from outside influences.
2. A separate decision issued today begins:
Jonathan Joseph Lincoln (Lincoln) was convicted of knowingly and willfully threatening the life of the President of the United States in violation of 18 U.S.C. sec. 871. The charge arose from statements made in a letter dated September 24, 2001 that Lincoln attempted to mail while incarcerated at the Oregon State Penitentiary. The district court acknowledged that the letter itself was not a "true threat," but determined that a true threat blossomed from the "context" in which the statements were made. Because we conclude that the contextual background did not transform Lincoln's letter into a threat, we reverse Lincoln's conviction.
3. And last but not least, Circuit Judge Alex Kozinski today has a quite interesting opinion that begins, "We probe the mysteries of demanding a jury trial under Fed. R. Civ. P. 38(b)."
Posted at 01:00 PM by Howard Bashman



For my take on judicial filibusters and the so-called "nuclear option": See my column to be published Monday in The Legal Intelligencer. I'll be posting the column online here next Wednesday.
Posted at 12:32 PM by Howard Bashman



"Foes of Greenhouse Gas Policy Get Day in Court": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." The case is being argued this morning in the U.S. Court of Appeals for the D.C. Circuit before a panel consisting of Circuit Judges David B. Sentelle, A. Raymond Randolph, and David S. Tatel.
Posted at 10:20 AM by Howard Bashman



D.C. Circuit decides how Booker plain error cases should be resolved: According to today's ruling, the D.C. Circuit has aligned itself with the approach taken by the Second and Seventh Circuits.
Posted at 10:04 AM by Howard Bashman



"Newspaper faces paying $18 million verdict; Pensacola News Journal won't face punitive damages, though": The Associated Press reports here that "A judge has dismissed a claim for punitive damages but upheld an $18.28 million jury verdict against the Pensacola News Journal for actual harm to a businessman by casting him in a 'false light.'"

Today's AP report states that the plaintiff "alleged the newspaper's use of the phrase 'shot and killed' in a story falsely implied he had murdered his wife although the article two sentences later noted authorities determined it had been a hunting accident." The final paragraph of The AP's article states, "Bruce Rogow, a lawyer for [the plaintiff], said it was enough to prove the impression left by the article was false even if its content was true."
Posted at 10:02 AM by Howard Bashman




"Inside Guantanamo's secret trials: The legality of holding terrorist suspects in Guantanamo Bay is once again before the US courts." BBC News provides this report.

And The Chicago Tribune reports today that "Free hand urged for tribunal; Bin Laden driver's case could affect detainee prosecutions."
Posted at 08:54 AM by Howard Bashman




"Nuclear Freeze": The Washington Post today contains an editorial that begins, "With both parties furiously mobilizing their bases, the war over judicial nominations seems headed for an apocalyptic showdown."

The Nation yesterday posted online an editorial entitled "Legislative Bomb."

FindLaw columnist John Dean has an essay entitled "Senate Republicans' Bid to Destroy the Filibuster Option, And Push Through Ultraconservative Federal Judges: It Seems Likely the 'Nuclear Option' Actually Will Be Used."

Online at Townhall.com, David Limbaugh has an essay entitled "Invoking the 'nuclear option' -- there is no other option."

And Tuesday in The Providence Journal, Law Professor Carl W. Tobias had an op-ed entitled "Don't repeat mistakes in judge appointment."
Posted at 07:33 AM by Howard Bashman




"Martinez rapped for Schiavo memo; Critics say the freshman senator ultimately is responsible for his staff's actions": This article appears today in The Orlando Sentinel, along with an editorial entitled "Martinez's failure: Blame ultimately rests with him for tawdry Schiavo memo."

The St. Petersburgh Times today contains an article headlined "New gaffe, old Martinez defense; Sen. Mel Martinez turns to familiar words to explain his office's role in an unsigned memo on Terri Schiavo."

The Miami Herald reports that "Schiavo memo trips up rookie senator; Republicans worry that Mel Martinez's involvement in a politically charged memo about the Terri Schiavo case could tarnish the freshman U.S. senator from Florida."

The Washington Times reports that "Freewheeling aides have shamed Martinez before."

The Palm Beach Post contains an article headlined "Martinez critics: Shift now 'pattern.'"

The Des Moines Register reports that "Harkin cleared of faking GOP memo on Schiavo; The disputed letter was created by an aide for a Florida representative."

The Morning Call of Allentown, Pennsylvania today contains an editorial entitled "GOP Schiavo 'talking point memo' is lesson in cynicism and paper flow."

And online at Salon.com, Eric Boehlert has an essay entitled "'Citizen journalists'? Try partisan hacks; Right-wing bloggers shrieked that the GOP Schiavo memo was a "liberal media" fraud. Now that they've been proven wrong, are they apologizing? Why, no!"
Posted at 07:15 AM by Howard Bashman




"Justice O'Connor warns against harsh political rhetoric": Today in The Baltimore Sun, Gail Gibson has an article that begins, "Supreme Court Justice Sandra Day O'Connor said harsh political rhetoric could spur violence against the nation's judges, offering a veiled response last night to some national figures who in the past week have blasted the courts for failing to intervene in the case of a severely brain-damaged Florida woman." Justice O'Connor's lecture yesterday launched the newly created Roxana Cannon Arsht Center for Ethics and Leadership at Goucher College.

In related news coverage and commentary, The Houston Chronicle reports today that "DeLay says judges have 'overstepped' authority; By video, he tells a religious group that Congress should impose its constitutional clout."

The Toledo Blade today contains an editorial entitled "Assault on the judiciary."

The Daily Times of Delaware County, Pennsylvania contains an editorial entitled "Republicans waging war against judges."

Dan K. Thomasson, former editor of the Scripps Howard News Service, has an essay entitled "GOP threat to courts will backfire; Congressional Republicans should read their history before attacking the judiciary."

In The Pioneer Press of St. Paul, Minnesota, Glenda Holste has an essay entitled "Don't let Senate conservatives wage war on an independent judiciary."

In The Cavalier Daily, Cari Lynn Hennessy has an essay entitled "Contempt of court."

And yesterday in The New York Times, columnist Maureen Dowd had an op-ed entitled "The Passion of the Tom."
Posted at 07:04 AM by Howard Bashman




"Court refuses to halt military extensions; Soldier had sued after having his discharge postponed": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 06:58 AM by Howard Bashman



When good hugs go bad: The Seattle Times today contains an article headlined "High court suspends lawyer accused of having sex with murderer" that begins, "A former public defender's law license will be suspended for two years over a jailhouse encounter with a client that she explained away as a 'hug gone bad,' the state Supreme Court ruled yesterday."
Posted at 06:57 AM by Howard Bashman



"Shearman Sues in Bid to Smoke Out Critic; Law firm objects to message posted on craigslist Web site": law.com provides this report.
Posted at 06:55 AM by Howard Bashman



"Expedited review for Barnes; Pa. Supreme Court grants faster appeal of ruling on move to Phila.": This article, in which I am quoted, appears today in The Philadelphia Inquirer. Links to the relevant underlying pleadings can be accessed via this earlier post.
Posted at 06:45 AM by Howard Bashman


Thursday, April 07, 2005


On this date in "How Appealing" history: On April 7, 2003, I wrote at length about the U.S. Supreme Court's important decisions issued that day in cases involving cross-burnings and frightfully large punitive damages awards. I also had a post titled "The status of federal appellate court nominees in the 108th Congress as of April 4, 2003" offering lots of details.

One year later, on April 7, 2004, I had a post titled "Congratulations! The federal government has fixed your salary at $0" in which I reported on a ruling that the Seventh Circuit had issued that day. And in a post in which I noted an Associated Press report headlined "Two Reporters Told to Erase Scalia Tapes," I remarked that "I have a strange feeling this is not the last we'll be hearing of this incident." And, of course, it wasn't.
Posted at 11:55 PM by Howard Bashman




"DeLay Says Congress Lets Courts 'Run Amok'": This article will appear Friday in The New York Times.

And in other coverage, James Kuhnhenn of Knight Ridder Newspapers reports that "Judiciary has 'run amok,' DeLay says."
Posted at 11:50 PM by Howard Bashman




In Friday's edition of The New York Times: Adam Liptak will report that "C.I.A. Leak Inquiry Is Near End, Prosecutor Says."

In other news, "Democrats Step Up Fight Against Nominees."

And in business news, "Kerkorian Loses His Suit Against DaimlerChrysler."
Posted at 11:45 PM by Howard Bashman




"Martinez Staff Probes Memo Origin": This article will appear Friday in The Washington Post.
Posted at 11:40 PM by Howard Bashman



"Administration Urges Appeals Court to Let Guantanamo War Crimes Trials Resume": Neil A. Lewis will have this article Friday in The New York Times.

Friday's edition of The Washington Post will report that "Justice Dept. Defends Value Of Military Trials."

And Friday's edition of The Chicago Tribune will report that "U.S. attorney defends prosecution of Guantanamo detainees."
Posted at 11:38 PM by Howard Bashman




"State Supreme Court suspends Theresa Olson for two years": The Associated Press reports here that "The state Supreme Court has suspended Theresa Olson, a lawyer caught having jailhouse sexual relations with a triple-murder defendant she was representing, for two years."
Posted at 11:25 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast included segments entitled "Court Considers Guantanamo Detainee's Rights Plea" (featuring Nina Totenberg) and "Senator's Aide Revealed as Author of Schiavo Memo." RealPlayer is required to launch these audio segments.
Posted at 11:04 PM by Howard Bashman



"U.S. court panel hears Navy abortion case; Government wants wife to reimburse cost of procedure": The Seattle Post-Intelligencer today contains this article reporting on a case argued yesterday before the U.S. Court of Appeals for the Ninth Circuit.

Earlier, that newspaper previewed the case in an article headlined "Wife of sailor battles U.S. over abortion; Navy won't pay for procedure for woman who carried severely brain-damaged fetus."

The Ninth Circuit has made the audio of yesterday's oral argument available online at this link (Windows Media format; right-click and save to disk).
Posted at 11:00 PM by Howard Bashman




"Appeals court rejects Guardsman's bid to block extension of his service": This article appears today in The Seattle Times.

The Seattle Post-Intelligencer reports today that "U.S. court upholds extending enlistments; Oregon National Guardsman calls it illegal 'backdoor draft.'"

And The Oregonian reports that "Soldier loses appeal of 'stop-loss' extension; The Oregon Guardsman from Pasco, Wash., could depart for Afghanistan on Friday under the Army's policy of extending soldiers' contracts."

The U.S. Court of Appeals for the Ninth Circuit has made the audio of yesterday's oral argument available online at this link (Windows Media format; right-click and save to disk).

And late today, the Ninth Circuit entered an order noting that the full court has denied the appellant's request for initial hearing en banc on his motion for an injunction pending appeal.
Posted at 10:18 PM by Howard Bashman




"Pa. Supreme Court intervenes in dispute over renowned art collection": The Associated Press provides this report, in which I am quoted. More details are available in this earlier post.
Posted at 09:58 PM by Howard Bashman



"State Supreme Court strikes down grandparent visitation law": The Associated Press provides this report on a unanimous ruling that the Washington State Supreme Court issued today.

I'm scheduled to argue a constitutional challenge to Pennsylvania's grandparent visitation law before the Supreme Court of Pennsylvania next month. The merits briefs that I filed on my client's behalf can be accessed here and here.
Posted at 05:58 PM by Howard Bashman




"Judge Dread: A showdown over the U.S. judiciary was a long time coming." Duncan Currie has this essay online today at The Weekly Standard.
Posted at 05:52 PM by Howard Bashman



Accused enemy combatant Jose Padilla asks the U.S. Supreme Court to directly review the federal government's appeal from a U.S. District Court's recent decision ordering Padilla's release from military custody: You can access Padilla's petition for writ of certiorari before judgment at this link.
Posted at 05:35 PM by Howard Bashman



Supreme Court of Pennsylvania agrees to accept jurisdiction over challenge to the relocation of The Barnes Foundation from Merion, Pennsylvania to Philadelphia: That court's order, issued late today, can be viewed at this link. Links to the relevant underlying pleadings can be accessed via earlier posts here and here.
Posted at 05:10 PM by Howard Bashman



All others pay cash: The Pittsburgh Post-Gazette reports today that "Law would put 'In God We Trust' in schools." The legislation introduced in Pennsylvania's General Assembly can be viewed at this link.
Posted at 04:45 PM by Howard Bashman



"Petition Seeks Supreme Court Review of Prisoner Case Under RLUIPA; Fifth Circuit Decision Worsens Split on Meaning of 'Substantial Burden'": The Becket Fund for Religious Liberty issued this press release today. The cert. petition can be accessed at this link.
Posted at 04:40 PM by Howard Bashman



Reader mail: The following email arrived late last night:
As a law student at top 20 law school, I have been an avid reader of your blog for approximately a year. Unfortunately, I have found myself increasingly disenchanted with much of the content of the blog, and hope you would consider restructing it in the future.

I suppose my principal gripe is that your blog doesn't seem to separate the proverbial wheat from the chaff. Let's take the Schiavo issue or the so-called nuclear option. As a law student, with little time, your current format forces me to sift through every single article on these issues often written by the complacently ignorant (Linda Greenhouse or Hope Yen), or the rabidly ideological (People for the American Way or some U.S. Senator), while I look for the latest developments in the law written by the sharpest commentators. Needless to say, I especially appreciate when you provide links to the latest decisions in the appellate courts, links to insightful blog entries on places like Volokh Conspiracy, and links to thoughtful articles.

I recognize that you make a steadfast attempt to keep your own political views off the blog (except for the columns, which are rarely political in the first place), but surely you can remain apolitical and fair while screening away the largely ill-begoten commentaries by the popular press and the K-street lobbyists.

Anyway, just a few thoughts. Keep up the great work.

An investigation is underway to determine which member of "The Volokh Conspiracy" is responsible for the content of this email.
Posted at 04:25 PM by Howard Bashman



"Can a Court Second-Guess the President's Conduct of Military Commission Trials?" Law Professor Julian Ku, writing at the blog "Opinio Juris," offers these thoughts on Hamdan v. Rumsfeld, argued today in the D.C. Circuit.
Posted at 04:20 PM by Howard Bashman



"e-shaming and lawyer conduct": It took me a month to find this interesting post published at the blog "f/k/a," but the post remains very much worth a look.
Posted at 04:15 PM by Howard Bashman



"O'Shea case leads to Justice probe; Bogus attorney's former boss accused of working with suspended law license": Two Sundays ago, The Monterey County Herald published an article that begins, "The halls of justice in Washington continue to be shaken by the case of Margaret O'Shea, the Central Coast woman who worked as an unlicensed attorney for both the U.S. Department of Justice and the Monterey County Public Defender's Office."

And in even earlier coverage, that newspaper previously published articles headlined "DA to prosecute unlicensed former defender, judge rules" and "Ruling set in O'Shea case; Should DA prosecute ex-public defender?"
Posted at 03:10 PM by Howard Bashman




"Confronting the Judicial War on Faith": That's the title of a conference underway today and tomorrow in Washington, DC. C-SPAN is televising a part of today's proceedings live. Rick Scarborough, interim chair of Judeo-Christian Council for Constitutional Reformation, discussed the conference (RealPlayer required) today on C-SPAN's "Washington Journal."
Posted at 02:54 PM by Howard Bashman



"Court weighs legality of Guantanamo tribunals; Panel to decide whether al-Qaida suspects get Geneva protections": Tom Curry, national affairs writer for MSNBC, provides this report on today's oral argument in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 02:35 PM by Howard Bashman



"Supreme Court to weigh appeal of trust lawsuit": Indianz.Com provides this report.
Posted at 02:33 PM by Howard Bashman



"Patent Case Turns Sticky for Smucker": This article (pass-through link) appears today in The Wall Street Journal. And yesterday's WSJ preview (via The Arkansas Democrat-Gazette) was headlined "Court case: Is patent a goober? Peanut butter, jelly sandwich is at issue."

Pete Williams, justice correspondent for NBC News, reports that "Smuckers in legal jam over PB&J patent; Government disputes company's claim to unique sandwich style."

The Akron Beacon Journal reports today that "Smucker defends patent on PB&J; Firm argues method of sealing is unique."

And "Patently-O: Patent Law Blog" has a post today titled "Federal Circuit Judge Admits that Family Member is Infringing PBJ Claims." The judge's prompt recusal is now expected.
Posted at 02:00 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Detainee's Right to Be at Trial Questioned"; "Judge: Ga. Shootings Report Can Be Opened"; and "Judge: Pentagon Can Resume Anthrax Shots."
Posted at 01:34 PM by Howard Bashman



"No nukes: To end the filibuster would be a huge mistake." This editorial appears today in The Pittsburgh Post-Gazette.

The subject of judicial filibusters is also discussed in Howard Fineman's latest MSNBC commentary, "Faith, law and American life: How Congress and the Conclave of Cardinals will shape the next great debate."
Posted at 10:54 AM by Howard Bashman




"Man gets wish: his execution; Some death penalty opponents say Glenn Ocha commited suicide; He said he was accepting justice." The St. Petersburg Times contains this article today.
Posted at 07:15 AM by Howard Bashman



"Protect the Judiciary": This editorial appears today in The Winston-Salem Journal.
Posted at 07:14 AM by Howard Bashman



"After Schiavo, GOP's Push on End-of-Life Issues Fades": The Los Angeles Times contains this article today.
Posted at 07:12 AM by Howard Bashman



"Midstate activist defends filibuster; Republicans consider ending obstruction of judicial nominees": This article appears today in The Harrisburg Patriot-News.

And tomorrow's edition of The Forward will contain articles headlined "GOP Threat To Filibuster Puts Specter On Hot Seat" and "Joe's Filibuster Shift Shows Senate's Polarization."
Posted at 07:10 AM by Howard Bashman




"Bush Seeks to Overturn Army Panel Ruling": The Associated Press reports here that "The Bush administration is struggling to put military commission trials back on track at Guantanamo Bay Naval Base in the face of a legal challenge by a detainee who was Osama bin Laden's personal driver."
Posted at 07:04 AM by Howard Bashman



"The Supreme Court Considers Legislation on Prisoners' Religious Requests: Interpreting the Religious Land Use and Institutionalized Persons Act." FindLaw columnist Marci Hamilton has this essay today.
Posted at 07:00 AM by Howard Bashman



"40 Years for Plot to Murder Judge; White supremacist Matthew Hale was sentenced soliciting a crony to kill Joan Humphrey Lefkow, who had ruled against him": This article appears today in The Los Angeles Times.

The Chicago Tribune reports today that "Hale gets 40 years for plot to kill judge."

The Chicago Sun-Times reports that "Hale gets max: 40 years in prison."

And The Peoria Journal Star reports that "Judge imposes harshest sentence on Hale; White supremacist receives 40 years for solicitation of murder."
Posted at 06:45 AM by Howard Bashman




In today's edition of The Wall Street Journal: Jess Bravin has an article headlined "Will Old Rulings Play a Role In Terror Cases?" along with related online exclusives headlined "Military Commissions, Then and Now" and "What War Captives Faced In Japanese Prison Camps, And How U.S. Responded."

In other news, "Republicans Splinter On Bush Agenda; Poll Finds Rifts Opening Over Social Security, Judicial Filibusters, Schiavo Case." Results from the Wall Street Journal/NBC News poll can be accessed here.

And finally, "Small Change by U.S. News Leads To New Controversy in Law School Rankings." The article refers to Brian Leiter as "Bob Leiter."
Posted at 12:15 AM by Howard Bashman



Wednesday, April 06, 2005


On this date in "How Appealing" history: On April 6, 2003, I noted that "Today is the eleven-month anniversary of 'How Appealing.'" That day also featured a post titled "Women rule! (part six)" noting what then was the most recent State in which the highest court had a majority of female justices/judges.

One year ago today, this blog recorded its 4 millionth page view. Also under discussion that day were the topics "when doves cry" (see here and here) and, what else, splitting the Ninth Circuit (see here, here, and here). Finally, you can click here to learn which newly-confirmed appellate court nominee of President George W. Bush described what it takes to gain confirmation in the current political climate as follows: "First, lightning needs to strike. Then, you need to make sure you don't get killed by it." Here's a hint -- the nominee was one of just a few to be confirmed by less than a filibuster-proof majority.
Posted at 11:55 PM by Howard Bashman




Available online from law.com: In news from California, "Calif. Justices to Consider Credit Card Holders' Ability to File Class Actions; State's high court to examine legality of arbitration agreements" and "No-Show Lawyer Sues Ex-Boss Over Contempt Charges."

And an article is headlined "2nd Circuit: Clear, Convincing Proof of Falsity Required in Libel Suits."
Posted at 11:48 PM by Howard Bashman




"A Virginia Vintner's Full Court Press; The Case of Juanita Swedenburg Could Change the Nation's Wine Trade": This article appears today in The Washington Post.
Posted at 11:45 PM by Howard Bashman



In Thursday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "40-Year Term for Supremacist in Plot on Judge" and "Reporter Granted Release From Sentence."
Posted at 11:44 PM by Howard Bashman



"GOP Is Fracturing Over Power of Judiciary; Democrats Say Conservatives Are Targeting Filibuster Rules on Court Nominees": This article will appear Thursday in The Washington Post.

Thursday's edition of The Hill will contain an article headlined "Santorum: Frist will go nuclear."

Law Professor Jonathan Turley will have an op-ed entitled "Mr. Frist goes to Washington" in Thursday's issue of USA Today.

In The Los Angeles Times today, columnist Andres Martinez has an op-ed entitled "Filibuster Doubletalk."

Online at The Village Voice today, James Ridgeway's "Mondo Washington" is entitled "Bill Frist's New Headache: How to Make the Democrats Hush; Majority leader could can the filibuster, but business types quake over nightmare revenge."

Radio host Rush Limbaugh discussed judicial filibusters and the "nuclear option" today in segments entitled "Democrats Distort Mr. Smith in Ad" and "Some Republicans Fear Beltway Establishment."

Finally, the organization Coalition for a Fair and Independent Judiciary issued a press release today entitled "More Than One Million Americans Urge Senators to Protect Our Rights and Our Courts; Coalition for a Fair and Independent Judiciary Delivers Petitions Telling Senators to Stand Up for Checks and Balances, Reject the Nuclear Option."
Posted at 11:40 PM by Howard Bashman




Justice Antonin Scalia bobblehead doll looks to be a must-have: law.com's Tony Mauro reports that "Scalia Is Everywhere -- Even as a Bobblehead." Proving once again the truth of my earlier observation, "Who among us can afford not to subscribe to The Green Bag?"
Posted at 11:22 PM by Howard Bashman



"Author Of Schiavo Memo Steps Forward; Sen. Martinez's Counsel Cited Upside for GOP": This article will appear Thursday in The Washington Post.

And Thursday's edition of The New York Times will report that "Schiavo Memo Is Attributed to Senate Aide."
Posted at 11:20 PM by Howard Bashman




Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained a lengthy segment entitled "The Role of the Judiciary." Among the guests were Law Professor Douglas W. Kmiec and Washington Post reporter Charles Babington.

And this evening's broadcast of "All Things Considered" included a segment entitled "DeLay May Be in Danger Zone with Colleagues, Constituents."
Posted at 08:45 PM by Howard Bashman




"Courts Seek More Protections for Judges": Jesse J. Holland of The Associated Press provides this report.
Posted at 08:40 PM by Howard Bashman



"Hale sentenced to 40 years": The Chicago Sun-Times provides a news update that begins:
Often red-faced with emotion and proclaiming his innocence to the end, white supremacist Matthew Hale cited the "Star-Spangled Banner," cried, yelled and pounded his fist in a two-hour courtroom speech this morning, desperately urging a judge not to send him away to "die in a hole."

But his words failed to sway U.S. District Judge James Moody, who imposed a 40-year sentence — the maximum possible — for soliciting someone to murder U.S. District Judge Joan Lefkow, a retaliatory move that Moody said "strikes at the very core of our system of government."

The Chicago Tribune provides a news update headlined "White supremacist sentenced to 40 years" that begins:
Calling the defendant "extremely dangerous" and his solicitation to murder a federal jurist "an egregious attack on the rule of law," a U.S. District judge today sentenced white supremacist Matthew Hale to 40 years in prison.

Judge James T. Moody found that Hale's solicitation to murder Judge Joan Lefkow was a crime of terrorism -- the first such finding in Chicago's federal court.

And this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "White Supremacist Hale Sentenced to 40 Years."
Posted at 08:28 PM by Howard Bashman



"Pentagon's 'Stop-Loss' Policy Upheld": The U.S. Court of Appeals for the Ninth Circuit today issued a news release that begins:
A three-judge panel of the Ninth Circuit Court of Appeals today rejected an appeal by a soldier seeking to challenge the Pentagon's "stop-loss" policy. Following oral arguments this morning in Seattle, the panel issued the following two-sentence notice:

"The appellant's urgent motion for injunction pending appeal, which seeks to enjoin his deployment to Afghanistan, is DENIED.

"The judgment of the District Court is AFFIRMED. An opinion or opinions will follow in due course."

You can access the court's order at this link.

In early coverage, this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Court Rules Against Challenge to Pentagon's Stop-Loss Policy" (RealPlayer required).
Posted at 07:20 PM by Howard Bashman




"Filibuster: a key check-and-balance tool." Pat M. Holt will have this op-ed Thursday in The Christian Science Monitor.
Posted at 05:35 PM by Howard Bashman



Eleventh Circuit holds that Title II of the Americans with Disabilities Act is a valid exercise of Congress's authority to abrogate a State's sovereign immunity under Section 5 of the Fourteenth Amendment with regard to disabled students attending a state university: Today's unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit can be accessed at this link.
Posted at 05:33 PM by Howard Bashman



Kenneth W. Starr's recent foray into capital punishment appellate defense ends in defeat: A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this decision today. Earlier press coverage of the appellate oral argument can be accessed here (Washington Post), here (Richmond Times-Dispatch), and here (AP).
Posted at 03:00 PM by Howard Bashman



"The Nuclear Option: GOP Leaders Should Just Say No." Today in Roll Call, Senator Edward M. Kennedy (D-MA) has an essay (subscription required) that begins, "The Senate Republican leadership claims that the phony 'crisis' they have manufactured over judicial nominations is so serious that the only way to solve it is by using the 'nuclear option.'"
Posted at 02:20 PM by Howard Bashman



"Supremacist Hale Sentenced to 40 Years": The Associated Press provides a report that begins:
Avowed white supremacist Matthew Hale was sentenced to 40 years in prison Wednesday for trying to have a federal judge killed - the same judge whose husband and mother were murdered five weeks ago by a deranged man who had no connection to Hale.

Hale, the 33-year-old leader of a group that preaches racial holy war, was sentenced after a rambling, two-hour speech in which he claimed he was the victim and even recited part of the Star Spangled Banner. He showed no emotion and sat staring at the defense table as the sentence was handed down.

According to the article, U.S. District Judge Joan Humphrey Lefkow did not attend the sentencing.
Posted at 02:10 PM by Howard Bashman



"Court Tosses R.I. Mayor's Prison Sentence": The Associated Press reports here that "A federal appeals court threw out the prison sentence of former Providence Mayor Vincent 'Buddy' Cianci and ordered him to be resentenced by a lower court on his conviction for racketeering conspiracy." Yesterday's ruling of the U.S. Court of Appeals for the First Circuit does not appear readily available via that court's web site. Update: A reader emails to advise that the remand was accomplished by an order unaccompanied by opinion.

In somewhat related news, The Providence (R.I.) Journal provides a news update headlined "Reporter Taricani seeks early release from home-confinement."
Posted at 02:00 PM by Howard Bashman




"Boise police say strippers don't qualify as 'artistic'; Dancers accused of violating city's anti-nudity law": The Idaho Statesman today contains an article that begins, "A local strip club's attempt to turn its patrons into sketch artists to get around Boise's anti-nudity ordinance isn't going to work, police say."
Posted at 12:15 PM by Howard Bashman



"Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice." That's the title of a program The Heritage Foundation is hosting at noon today in its Washington, DC headquarters. The speaker is Kevin Ring, editor of the recently published book, "Scalia Dissents."

If, like me, you're unable to attend in person, you can view the event live online by clicking here (RealPlayer required). The live feed is already streaming.
Posted at 11:45 AM by Howard Bashman




"Judicial Conference Asks Help to Protect Federal Judges": The Administrative Office of the U.S. Courts has issued this news release today. Accompanying the news release is a letter that the Judicial Conference of the United States sent yesterday to President Bush and a resolution relating to security that the Judicial Conference adopted last month.
Posted at 11:35 AM by Howard Bashman



"U.S. told to pay for land it seized; Camp Breckinridge tracts are involved": This interesting article appears today in The Courier-Journal of Louisville, Kentucky.

And The Courier & Press of Evansville, Indiana reports today that "Court rules landowners were cheated."

You can access last Friday's ruling of the U.S. Court of Federal Claims at this link.
Posted at 11:33 AM by Howard Bashman




Washington Post editorial cartoonist Tom Toles on Republican objections to "inactivist" judges: The editorial cartoon, appearing in today's newspaper, can be viewed at this link.
Posted at 10:55 AM by Howard Bashman



"Intelligence Critique Fatigue": Seventh Circuit Judge Richard A. Posner has this op-ed today in The Washington Post.

As noted here, Judge Posner will be participating in an online chat at The Washington Post's web site starting at 3 p.m. eastern daylight time today. It will be interesting to see whether the chat will be limited to the topic of Judge Posner's op-ed.
Posted at 10:30 AM by Howard Bashman




"Most Lawmakers Want to Forget Schiavo Case": The Associated Press provides this report.
Posted at 09:48 AM by Howard Bashman



"Thomas's tie to alma mater remains tense; Justice's confirmation remains sore subject": The Yale Daily News today contains an article that begins, "U.S. Supreme Court Justice Clarence Thomas LAW '74 has criss-crossed the country speaking to alumni and students at universities from James Madison University in Harrisonburg, Va. to the University of Kansas in Lawrence. But in his 14 years on the nation's high court, Thomas has never once returned to his alma mater -- Yale Law School."
Posted at 09:42 AM by Howard Bashman



"National Guardsman Challenges 'Stop-Loss' Policy": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

And The Seattle Times reports today that "Pentagon's 'stop-loss' policy on trial here."

This case is one of several being argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at the University of Washington School of Law. The three-judge panel consists of Senior Circuit Judge William C. Canby and Circuit Judges Richard C. Tallman and Johnnie B. Rawlinson.
Posted at 09:32 AM by Howard Bashman




"A Proposed Bill to Ban Male Circumcision: The Clash of Gender, Religion, and the Protection of Children." FindLaw columnist Sherry F. Colb has this essay today.
Posted at 09:25 AM by Howard Bashman



"Frist eyes compromise to forgo filibuster ban; Conservatives seek action over stalled judicial nominees": This article appears today in The Boston Globe.

The Chicago Tribune reports today that "Democrats accuse GOP of trying to undermine judiciary."

FOXNews.com reports that "Mood Sour in Senate on Judicial Nominees."

The Seattle Post-Intelligencer today contains an editorial entitled "U.S. Constitution: Separate these powers."

The Journal News of Westchester, New York contains an editorial entitled "Judges in the spotlight."

The Times Argus of Barre, Vermont contains an editorial entitled "Time to stand up."

And The Boulder Daily Camera contains an editorial entitled "Playing with fire: Attacks on judiciary more irresponsible than ever."
Posted at 07:10 AM by Howard Bashman




"The Judges Made Them Do It": The New York Times today contains an editorial that begins, "It was appalling when the House majority leader threatened political retribution against judges who did not toe his extremist political line. But when a second important Republican stands up and excuses murderous violence against judges as an understandable reaction to their decisions, then it is time to get really scared."

Late yesterday, U.S. Senator John Cornyn (R-TX) addressed the controversy over his remarks from Monday.
Posted at 06:58 AM by Howard Bashman




God's activism blamed in graffiti attack on courthouse Ten Commandments: The Philadelphia Inquirer reports today that "Courthouse, plaque sprayed with graffiti; Cleanup poses a tricky challenge."
Posted at 06:55 AM by Howard Bashman



"Security tightened for Hale sentencing; East Peorian faces up to 40 years in prison for soliciting judge's murder": This article appears today in The Peoria Journal Star.

The Chicago Tribune reports today that "Hale says he didn't trust security chief."

And The Associated Press reports that "White Supremacist Due for Sentencing."
Posted at 06:54 AM by Howard Bashman



Tuesday, April 05, 2005


On this date in "How Appealing" history: On April 5, 2004, I had two posts about judicial recess appointments (here and here).

While a Senator proposed a three-way split of the Ninth Circuit, that same federal appellate court issued an order denying rehearing en banc in a case that would have allowed the court to reconsider whether the Second Amendment to the United States Constitution confers an individual right to bear arms.

Finally, as I noted here, California Supreme Court Justice Janice Rogers Brown was the author of a majority opinion issued that day about whether the unintentional killing of a fetus can constitute murder.
Posted at 11:30 PM by Howard Bashman




"Ethics Panel Finds Conflict With Senator's Job as Physician": Wednesday's edition of The Washington Post will contain this article. The Senator in question, Tom Coburn (R-OK), currently serves on the Senate Judiciary Committee.
Posted at 11:10 PM by Howard Bashman



"Frist Isn't Following Republicans on Criticism of Judges": This article will appear Wednesday in The New York Times.
Posted at 10:10 PM by Howard Bashman



"The Misrepresentations of Boyden Gray and the Radical Right Regarding the 'Nuclear Option' and Judicial Filibusters": People For the American Way issued this press release yesterday.

The Committee for Justice, meanwhile, was one of the signatories to a letter to Republican leadership in the U.S. Senate from the "National Coalition to End Judicial Filibusters"
Posted at 10:05 PM by Howard Bashman




"Yale Law remains number one as criticism of ranking rises": This article appears today in The Yale Daily News.
Posted at 09:40 PM by Howard Bashman



In news from California: Today in The San Francisco Chronicle, Bob Egelko reports that "Court rules against hospitals in payment-lien dispute." And The Los Angeles Times reports that "Court Limits Use of Liens by Hospitals; State justices say care providers can't touch insured patients' personal injury awards." You can access yesterday's ruling of the Supreme Court of California, written by D.C. Circuit nominee Janice Rogers Brown, at this link.

In other news, Bob Egelko reports that "Coastal panel's fate hangs in balance; State's top court to hear challenge to appointments." And Claire Cooper, legal affairs writer for The Sacramento Bee, reports that "Coastal panel's power in high court's hands."
Posted at 09:33 PM by Howard Bashman




"PM to keep his control of top court": The Toronto Globe and Mail today contains an article that begins, "The federal government will reject the opposition's calls for public hearings on prospective Supreme Court justices as well as demands for the provinces or Parliament to dictate who can be chosen for the top court, sources say."
Posted at 09:15 PM by Howard Bashman



"Supreme Court affirms handling of Van Sickle guardianship case": The Associated Press provides this report on a ruling that the Supreme Court of North Dakota issued yesterday. That court's home page, by the way, is far too interesting.
Posted at 09:12 PM by Howard Bashman



For his next trick, he'll be convicted of second-degree miller: The Associated Press reports that "C-Murder Changes Stage Name to C Miller."
Posted at 09:10 PM by Howard Bashman



"Speed Fees On Rental Cars Illegal, State High Court Says": Lynne Tuohy of The Hartford Courant today has this article reporting on a decision that Supreme Court of Connecticut issued yesterday.
Posted at 09:05 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senate GOP May Push for Filibuster Rules Change"; "Smucker's Goes to Court Over Sandwich Product"; and "Ohio Marriage Law Hampers Efforts Against Domestic Abuse."
Posted at 09:00 PM by Howard Bashman



"GOP leaders split on judge's role in Schiavo case": James Kuhnhenn of Knight Ridder Newspapers provides this report.
Posted at 08:35 PM by Howard Bashman



Who knew that you could be the author of a brand new, best selling book in 2005 about the U.S. Supreme Court and never have heard of Dahlia Lithwick? Mark R. Levin didn't much enjoy Dahlia Lithwick's recent essay about his book, "Men in Black: How the Supreme Court Is Destroying America."
Posted at 08:33 PM by Howard Bashman



"Reid Accuses GOP of Possessing Arrogance": Jesse J. Holland of The Associated Press provides a report that begins, "Congressional Democrats on Tuesday said Republican criticism of the federal courts following Terri Schiavo's death showed an 'arrogancy of power' that is leading to a Senate confrontation over filibusters of President Bush's judicial nominees."
Posted at 05:45 PM by Howard Bashman



"Needles and Threats: More tough talk about pulverizing the judiciary." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 05:40 PM by Howard Bashman



"Primer: Judicial Nominees and the Senate Filibuster." National Public Radio's web site today offers this written primer in question-and-answer format by Brian Naylor and Ron Elving.

And yesterday, Ron Elving had an essay entitled "DeLay's Anger Over Judges Recalls Past Battles."
Posted at 04:42 PM by Howard Bashman




"Slate's Jurisprudence: Conservatives vs. Fed Courts." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:40 PM by Howard Bashman



"Appeals court upholds Sex.com ruling": Last Friday's edition of USA Today contained this article. The decision isn't leaping out at me from the Ninth Circuit's web site, which is why I haven't provided a link to it.
Posted at 04:20 PM by Howard Bashman



"Wretched judging": Today in The Washington Times, Bruce Fein has an op-ed that begins, "The fight over President George W. Bush's judicial nominees is a fight between clashing conceptions of judging."
Posted at 04:10 PM by Howard Bashman



"Frist Says Courts in Schiavo Case Acted Fairly": Thomas Ferraro of Reuters provides this report.
Posted at 03:02 PM by Howard Bashman



"InstaPundit" comments on Senator John Cornyn's remarks about violence against judges: See this post. A transcript of the remarks can be accessed via this earlier post of mine.
Posted at 03:00 PM by Howard Bashman



"How We Learned to Stop Worrying and Love the Bomb": Douglas T. Kendall and Jennifer Bradley of Community Rights Counsel have this "nuclear option"-related op-ed today in Roll Call.
Posted at 02:45 PM by Howard Bashman



"U.S. Mishandled Prisoner Policy, Ex-Adviser Says": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. The ex-adviser in question is William H. Taft IV, formerly the State Department's top lawyer.
Posted at 02:38 PM by Howard Bashman



"Barnes student says he, too, wants to expedite appeal": This newsbrief appears today in The Philadelphia Inquirer reporting on a pleading that I filed yesterday in the Supreme Court of Pennsylvania in response to an emergency application that The Barnes Foundation recently filed in that court.
Posted at 02:30 PM by Howard Bashman



Reuters is reporting: Now available online are reports headlined "Law Expands Right to Kill in Self-Defense" and "Asbestos Bill on Its Way, U.S. Senate's Frist Says."
Posted at 02:25 PM by Howard Bashman



"Frist: Schiavo, Bush Nominees Unrelated." Jesse J. Holland of The Associated Press provides this report.
Posted at 02:23 PM by Howard Bashman



"Federal Circuit to Decide Patentability of Crustless Sandwich": "Patently-O: Patent Law Blog" provides this preview of a case to be argued tomorrow before the U.S. Court of Appeals for the Federal Circuit.

And that blog also offers a summary of yesterday's order denying rehearing en banc, plus dissents, in Teva Pharmaceuticals USA v. Pfizer, Inc.
Posted at 02:15 PM by Howard Bashman




Phil A. Buster is a white megaphone with red piping, blue high-top sneakers, white gloves, eyeballs, and eyelashes: Alliance for Justice has today announced the launch of www.SavePhil.com.
Posted at 01:02 PM by Howard Bashman



"Court Rules Common Law Protects Recordings": The Associated Press reports here that "New York's highest court ruled that common law protects the rights of a record company for music recorded before the 1972 federal copyright law in a decision the judges expect to have 'significant ramifications for the music recording industry.'"

Today's ruling of the New York State Court of Appeals, on certified question from the U.S. Court of Appeals for the Second Circuit, can be accessed at this link.
Posted at 12:12 PM by Howard Bashman




Federal judge calls behavior of criminal defense counsel "childish, inappropriate, unprofessional, uncivil and even unethical" and describes Kansas City Star article reporting on judge's earlier comments as "not a truthful, objective account": The Kansas City Star reports today that "Judge to stay on for Wittig-Lake retrial; Case next month won't be moved from KCK." And The Topeka Capital-Journal reports that "Retrial set for Kansas City; Wittig, Lake attorneys had sought change of venue, judge's recusal."

The rulings that U.S. District Judge Julie A. Robinson issued yesterday denying the request for her recusal and denying a request for a transfer of venue are available online. You can also access online a copy of the motion requesting a transfer of venue.
Posted at 11:22 AM by Howard Bashman




"Panel's mission: Define obscenity; Kansas effort uses little-known law." The Kansas City Star today contains an article that begins:
A grand jury of 15 persons is expected to be seated today in central Kansas with just one question to answer: What is obscene? Before they decide, they may watch one or two X-rated movies, analyze dozens of sexual devices and get a crash course on adult toys.
In earlier coverage, The Salina Journal reported last month that "Jury got eyeful in Omaha case; Jurors watched explicit videos for hours in case against Haltom's store."
Posted at 11:10 AM by Howard Bashman



"Court Denies Challenge to Domestic Partners Law; An appellate panel rules that a new state statute extending rights does not constitute same-sex marriage or violate Proposition 22": This article appears today in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle reports that "Domestic partner law upheld; It doesn't violate ban on same-sex marriage, court says."

And The Sacramento Bee reports that "Partners law passes court test."

You can access yesterday's ruling of California's Court of Appeal for the Third Appellate District at this link.
Posted at 10:54 AM by Howard Bashman




Reader mail: Judge Stuart Shiffman of Springfield, Illinois emails:
As one of your avid readers, every once and a while I am driven to write to you. Your publication of Senator Cornyn's complete remarks is praiseworthy. While they place the Senator's thoughts in somewhat of a better context, they do not in any way minimize the notion that the American Judiciary is currently under attack by those who disagree with some of its decisions.

Senator Cornyn seems to equate assaults on Judges with disagreement with their decisions. How absurd. The man who killed the Lefkow family was a deranged individual who knew nothing of any court decision other than his own. The escaping prisoner in Georgia who killed a judge in his courtroom was not striking a blow for the legislative branch in its ongoing battle with the judiciary. To even suggest such a position is absurd.

Senator Cornyn is correct that respect for the judiciary is waning. But the reason is because the media and politicians at both ends of the political spectrum use the judiciary as a whipping boy to stir the frenzy of the fringe element in politics. Politicians do it because it gets votes. The media does it because it gets viewers and subscribers.

Those of us who respect the law and the courts as an institution can only wring our hands in sorrow over these attacks.

Senator Cornyn speaks of his love and respect for the law. Everyone respects the law and the courts when they agree with decisions. True respect comes from supporting the courts when they rule against you.

My post linking to the full transcript of Senator Cornyn's remarks can be accessed here.
Posted at 10:40 AM by Howard Bashman



Justice Ruth Bader Ginsburg speaks on the role of international law in adjudication: Thanks much to the reader who managed to figure out that C-SPAN has made the video available at this link (RealPlayer required). Maybe my ears are failing me, but based on the recorded audio I could swear that Secretary of State Condoleezza Rice introduces Justice Ginsburg as "one of our democracy's most disdained jurists."

Justice Ginsburg delivered this address last Friday, and Saturday's edition of The New York Times contained an article headlined "Justice Ginsburg Backs Value of Foreign Law."

Update: Several readers have emailed to suggest that Secretary of State Rice introduced Justice Ginsburg as "one of our democracy's most esteemed jurists." I'm sure that's correct, although it certainly doesn't sound like it on C-SPAN's recording.
Posted at 10:32 AM by Howard Bashman




"Harasser of top court may be in hot water": Yesterday, The Deseret Morning News contained an article that begins, "A 55-year-old Salt Lake man, who last week set a precedent for irritating the justices of the Utah Supreme Court to the point of being found in contempt, now appears faced with further allegations of contempt."

And in related coverage, almost two weeks ago The Salt Lake Tribune reported that "Pestering of justices lands man in jail for contempt of court."
Posted at 10:23 AM by Howard Bashman




"Marrying cousins still face obstacles": This article appeared yesterday in The Pittsburgh Post-Gazette.
Posted at 10:12 AM by Howard Bashman



"Attacking a Free Judiciary": The New York Times today contains an editorial that begins, "The low point in the politicking over Terri Schiavo came last week when the House majority leader, Tom DeLay, threatened the judges who ruled in her case."
Posted at 10:05 AM by Howard Bashman



"It's difficult to see why Cornyn would make so asinine a comment if he had not intended to send the message that federal judges should watch what they do from now on": So writes Yale Law Professor Jack M. Balkin in a blog post you can access here.

Earlier, I collected in posts accessible here and here press coverage of the remarks that Senator John Cornyn (R-TX) delivered yesterday on the floor of the U.S. Senate.

You can now access online a transcript of Senator Cornyn's remarks. They span four pages of the Congressional Record, and you can access the remarks in full by clicking on the following pages in ascending order: one, two, three, four.
Posted at 09:50 AM by Howard Bashman




Bald litigant sued for cybersquatting -- just think of the potential for humor: See, for example, the first paragraph of this opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

In news coverage, David Kravets of The Associated Press has a report headlined "Court: Man Can Disparage Company on Web."
Posted at 09:45 AM by Howard Bashman




"Congressional hearings scrutinize Patriot Act; Has it helped combat terrorists? Attorney general to make the case." Tom Curry, national affairs writer for MSNBC, has this report today.

And The Associated Press reports that "Gonzales to Defend Patriot Act Renewal."
Posted at 09:35 AM by Howard Bashman




"'Liars,' Libel and Liability: In a surprising decision, the Supreme Court is refusing to take up a key 1st Amendment case." The Los Angeles Times today contains an editorial that begins, "The most surprising decision the Supreme Court rendered last week was not about gender discrimination in high school sports or age discrimination, the two most widely reported cases. The justices' most notable and dismaying action was their one-line refusal to take up a case hitting at the core of 1st Amendment freedoms."
Posted at 09:33 AM by Howard Bashman



"Supreme Court rules IRAs exempt from bankruptcy proceedings": Joan Biskupic has this article today in USA Today.
Posted at 07:02 AM by Howard Bashman



David G. Savage is reporting: Today in The Los Angeles Times, he has articles headlined "Law Students Prevail Again in High Court; Stanford's litigation clinic offers hands-on training, and a chance to change the law" and "IRAs Shielded in Bankruptcy, Justices Rule; In a unanimous decision, the Supreme Court says creditors may not seize money in the retirement accounts to collect on debts."
Posted at 07:00 AM by Howard Bashman



"Conservatives push judicial votes": The Washington Times contains this article today.

Financial Times reports today that "Republicans weigh plan to vaporise Senate roadblocks."

The Boston Globe contains a news analysis headlined "Frustrated movement is eyeing rules options."

The Washington Post reports that "Post-Schiavo Questions Await Congress's GOP Leaders; Priorities Debated As Recess Ends."

And The Poughkeepsie Journal contains an editorial entitled "'Nuclear option' is lousy choice."
Posted at 06:45 AM by Howard Bashman




"Senator links violence, judges; Cornyn suggests 'political decisions' may be a factor in recent incidents at courthouses": This article appears today in The Houston Chronicle.

And The Dallas Morning News reports today that "Cornyn theorizes on violence; Democrat calls senator's remarks on judges, accountability 'bizarre.'"

I hope to link to the transcript of these remarks once it become available online via the Congressional Record, so that people can decide for themselves whether the remarks are as bizarre as they seem to be from press accounts.
Posted at 06:35 AM by Howard Bashman



Monday, April 04, 2005


On this date in "How Appealing" history: On April 4, 2003, I had a post titled "Likelike Highway" about surprising news leaks from the D.C. Circuit in connection with the then-pending campaign finance reform case.

Meanwhile, on this day in 2004, I had a post titled "Law Professor Lawrence Lessig disagrees with Forbes.com columnist's plea of 'Let's Have Less Of Lessig.'" And little did I suspect at the time of writing this post, but the particular National Constitution Center opening day bonkee featured in the post now works just down the hall from where my office is located.
Posted at 11:55 PM by Howard Bashman




"Bankruptcy Shield for IRAs Upheld; Supreme Court Addresses Older Workers' Retirement Assets": Charles Lane will have this article Tuesday in The Washington Post.
Posted at 11:45 PM by Howard Bashman



Linda Greenhouse is reporting: In Tuesday's edition of The New York Times, she will have articles headlined "Supreme Court Ruling Bars Creditors From I.R.A. Assets" and "Justices Decline to Rule on Limits for Drug-Sniffing Dogs."

By the way, early next month Ms. Greenhouse's new book, titled "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey," will be released. Of course, the book tour will be bringing her to Philadelphia. The book can be pre-ordered via Amazon.com, and I'm mentioning the book without regard to whether I'm going receive a review copy (although hope springs eternal).
Posted at 11:25 PM by Howard Bashman




"Kill Bill: Microsoft's army of lawyers was no match for a kid from Kent State." This article appears in the current issue of Cleveland Scene. Thanks to "42 U.S.C. 1983" for the pointer.
Posted at 11:15 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Justices Rule IRAs Protected in Bankruptcies."

Jonathan Ringel reports that "High Court Rules on Habeas Timing Question; Justices agree that lower courts were wrong but split 5-4 against helping inmate."

In other news, "Drawing the Line on Punitive Awards; California Supreme Court to decide how 'Campbell' limits apply in state."

And an article from The National Law Journal is headlined "Employers Wrestle With Blogosphere; As bloggers multiply, managers scramble to form at-work policy."
Posted at 11:00 PM by Howard Bashman




In Tuesday's edition of The Hill: The newspaper will contain two judicial filibuster-related articles, "K St. fears nuclear winter" and "Dems face their own dilemma."
Posted at 10:44 PM by Howard Bashman



"Court Says IRAs Are Safe From Bankruptcy": David G. Savage of The Los Angeles Times provides this news update.
Posted at 10:33 PM by Howard Bashman



"The Senate, the Filibuster and the Judges": Four letters to the editor appear under that heading today in The New York Times.
Posted at 10:30 PM by Howard Bashman



In Tuesday's edition of The Washington Post: An article will report that "Senator Links Violence To 'Political' Decisions; 'Unaccountable' Judiciary Raises Ire."

And in other news, "Portraits Of Terror Defendant Diverge."
Posted at 10:12 PM by Howard Bashman




"Legal Combat: Are enemies waging war in our courts?" Phillip Carter has this jurisprudence essay online at Slate.
Posted at 09:04 PM by Howard Bashman



"Senate Nears High-Stakes Showdown on Judges": Thomas Ferraro of Reuters provides this report.

Jesse J. Holland of The Associated Press has reports headlined "Senate Wary of Changing Filibuster Rules" and "GOP: Byrd Set Precedent on Filibusters."

And Tuesday's issue of Financial Times contains an article headlined "US republicans plan nuclear option for Senate roadblocks."
Posted at 08:45 PM by Howard Bashman




"U.S. court rejects Teva bid to rehear Pfizer case": Reuters provides this report on an order plus dissent that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 12:22 PM by Howard Bashman



Programming note: This afternoon, my son and I will be attending a meeting against adversaries visiting from Washington, DC. More later.

Update:The Associated Press reports that "Phillies Beat Washington's New Team 8-4" and "Nationals' Debut Ends With Loss to Phils."
Posted at 12:15 PM by Howard Bashman




U.S. Court of Appeals for the Eighth Circuit rejects constitutional challenge to 2002 amendments to the Animal Welfare Act: According to the per curiam opinion issued today, the suit challenged "the constitutionality of the Animal Welfare Act after it was amended in 2002 to prohibit the knowing transportation of birds in interstate or foreign commerce for purposes of having the birds participate in a fighting venture, regardless whether the fight would be legal in the state where it was to occur."
Posted at 12:10 PM by Howard Bashman



Today's U.S. Supreme Court opinions and Order List: Justice Clarence Thomas delivered the opinion for a unanimous Court in Rousey v. Jocaway, No. 03-1407. You can access the syllabus here; Justice Thomas's opinion here; and the oral argument transcript here.

Justice David H. Souter delivered the opinion of the Court in Johnson v. United States, No. 03-9685. You can access the syllabus here; Justice Souter's majority opinion here; Justice Anthony M. Kennedy's dissenting opinion here; and the oral argument transcript here. In this 5-4 decision, the Chief Justice and Justices Sandra Day O'Connor, Thomas, and Stephen G. Breyer joined in Justice Souter's majority opinion. Joining in Justice Kennedy's dissent were Justices John Paul Stevens, Antonin Scalia, and Ruth Bader Ginsburg.

You can access today's Order List at this link. The Court granted review in one case.

In early press coverage, Hope Yen of The Associated Press has reports headlined "Supreme Court: Creditors Can't Seize IRAs" and "Supreme Court Won't Hear Clarett's Appeal." And The AP also reports that "Supreme Court Won't Hear Drug Dogs Case."

Reuters, meanwhile, offers a report headlined "Supreme Court: IRAs Are Shielded from Creditors."
Posted at 10:00 AM by Howard Bashman




U.S. Court of Appeals for the Sixth Circuit reverses denial of qualified immunity to those responsible for strip-searching high school students in an effort to find lost money: You can access today's ruling at this link.
Posted at 09:58 AM by Howard Bashman



"What Terri Schiavo's Case Should Teach Us": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 08:40 AM by Howard Bashman



"No boos - but no high notes for Rendell": This article appears today in The Philadelphia Inquirer. According to the article, Third Circuit Judge Marjorie O. Rendell joined her husband, Pennsylvania's Governor, in singing the national anthem before yesterday's Sixers-Celtics basketball game in Boston. Yesterday, The Patriot-News of Harrisburg published a preview headlined "Rendell to sing at today's Celtics game."
Posted at 08:32 AM by Howard Bashman



"Charles Pickering on Confirmations": That's the title of this past Saturday's broadcast of C-SPAN's "America & the Courts," in which "retired federal judge Charles Pickering speaks on the Senate judicial confirmation process before the Federalist Society in Jackson, Mississippi" You can view the program online by clicking here (RealPlayer required).
Posted at 06:50 AM by Howard Bashman



"Seeking U.S. Turf for a Free-Speech Fight": The New York Times today contains an article that begins, "London has become something of a magnet for libel litigants looking for a plaintiff-friendly jurisdiction. Now one defendant is taking an uncommon approach to fighting back."
Posted at 06:44 AM by Howard Bashman



"Bill Pryor's double-edged conservative sword": This article appears today in The Mobile Register.
Posted at 06:36 AM by Howard Bashman



"Senate Primed for Filibuster Showdown; There is little hope that a compromise can head off GOP plans to change the rules so Democrats can no longer block federal judicial picks": The Los Angeles Times contains this article today.
Posted at 06:35 AM by Howard Bashman



"Cheney Opposes Retribution Against Schiavo Judges": This article appears today in The Washington Post.

And The St. Petersburg Times reports today that "Courts may feel Schiavo impact; The case that wound through numerous courts may be used by a conservative effort to change the judiciary."
Posted at 06:30 AM by Howard Bashman



Sunday, April 03, 2005


"The Byrd Option--II: He says the Senate doesn't have to vote on judges, so the GOP should mail it in." OpinionJournal today has posted online this interesting Wall Street Journal editorial.
Posted at 11:48 PM by Howard Bashman



"Gay Couples File Suit After Michigan Denies Benefits": Monday's edition of The New York Times will contain this article.
Posted at 11:44 PM by Howard Bashman



"To Some, Jackson Trial Is Another Shot at TV": This article about legal analysts appeared yesterday in The New York Times.
Posted at 11:40 PM by Howard Bashman



"POW Claims Bump Into Foreign Policy": Charles Lane will have this article Monday in The Washington Post.
Posted at 11:04 PM by Howard Bashman



On this date in "How Appealing" history: On April 3, 2003, as I noted here, Stephen Henderson of Knight Ridder Newspapers had an article in which he noted that "Outside of Clarence Thomas, the court's sole black justice, and one African American reporter assigned to cover the court full time, the high court's regal, marble-adorned courtroom is usually pretty devoid of black faces." Also on that date, I noted here a development which showed "that it's not the end of the world to be a D.C. Circuit nominee whom the U.S. Senate never gets around to confirming."

And one year ago today, I noted here a New York Times article that begins, "Associate Justice Antonin Scalia of the Supreme Court inadvertently raised a hot-button travel issue last month in explaining why he was not recusing himself from a case involving Vice President Dick Cheney." Also on that date, I noted here an article published that day in The Pittsburgh Post-Gazette under the headline "Judge Melvin drops legal battle to unmask 'Grant Street 99.'"
Posted at 10:44 PM by Howard Bashman




"Schiavo was calm eye of the perfect storm": CBS News legal analyst Andrew Cohen has an op-ed today in The Denver Post in which he writes:
The madness was so elemental that we heard judges called murderers just because they were applying the law. Even by the low political and ethical standards of the day, this surely was the cheapest shot of them all, uttered by opportunistic politicians and religious leaders who know an easy target when they saw one.

Terri Schiavo was not murdered by judges or anyone else. She was not the victim of "judicial homicide," as one particularly odious religious leader suggested last week. She was allowed to die pursuant to valid state and federal law, interpreted fairly and consistently by state and federal judges. If this was "murder," then every execution in this country is murder; every life sentence without parole is murder; every judicial decision approving a request for the denial of medical treatment theoretically would be murder; every homeless person who dies as a result of a lack of welfare would be "murdered."

The charge is a blood libel against judges. And the politicians and spiritual leaders who leveled it, in unglued moments of passion and cynicism, or even those who merely have allowed it to stand unchallenged, ought to be ashamed. Louis Brandeis, the great Supreme Court Justice, once wrote: "Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example...."

You can access the complete op-ed at this link.
Posted at 10:34 PM by Howard Bashman



"Monument's future looks uncertain": This article appears today in The Evansville Courier & Press.

And The Forum of Fargo, North Dakota today contains an essay by Jane Ahlin entitled "Commandments stones have a very odd history."
Posted at 10:30 PM by Howard Bashman




"Inmates selling art in spite of state's 'murderabilia' law; Vague part of the statute may mean criminals are using notoriety for profit": The Houston Chronicle contains this article today.
Posted at 10:28 PM by Howard Bashman



"Ross' threats not heeded; Legal system was unfazed by repeated 'warnings' of Lefkow killer": This article appears today in The Chicago Tribune.
Posted at 10:14 PM by Howard Bashman



"Shame on Tom DeLay": The Fort Worth Star-Telegram today contains an editorial that begins, "Some day, Tom DeLay will be called to account by the American people. Sooner would be better than later for the sake of the Constitution."

The Houston Chronicle reports today that "DeLay is losing support, poll finds; Schiavo case and ethics battles are cited in the slide." And Clay Robinson, chief of The Chronicle's Austin bureau, has an essay entitled "DeLay, others haven't locked courthouse doors -- yet."

The Los Angeles Times reports that "DeLay Fires Up GOP Troops for Counterattack; The House majority leader, faced with new ethics criticism, sees the assaults as an attempt to derail the party's agenda and control of Congress."

And in The Dallas Morning News, Todd J. Gillman has an essay entitled "DeLay blunt on Schiavo case."
Posted at 10:00 PM by Howard Bashman




"A New Idea for Democrats: Democracy; In focusing too much on the legal process, the party is in danger of losing the people." Joe Klein has this essay online today at Time magazine's web site.
Posted at 09:54 PM by Howard Bashman



"Majority Rule: In picking a new Pope, the 'nuclear option' could prove pivotal." Law Professor Richard L. Hasen has this essay online at The New Republic.
Posted at 09:05 PM by Howard Bashman



"Judicial aftershocks from the Schiavo case: Perceptions of how the courts handled the case could have ramifications for Bush's judicial nominees." Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 08:50 PM by Howard Bashman



"Congress returns amid rising political tensions": Cox News Service provides this report.
Posted at 09:55 AM by Howard Bashman



"President's Proposed Remedy to Curb Medical Malpractice Lawsuits Stalls; Senate Deadlocks; Democrats Plan To Use Filibuster": This article appears today in The Washington Post.
Posted at 09:54 AM by Howard Bashman



"Bipartisan hypocrisy on the filibuster": Columnist Steve Chapman has this essay today in The Chicago Tribune.
Posted at 08:00 AM by Howard Bashman


Saturday, April 02, 2005


On this date in "How Appealing" history: Two years ago today was the day after oral arguments in the University of Michigan racial preferences in university admissions cases. I collected news coverage here and here. Also on April 2, 2003, as I noted here, the fourth cloture vote on the nomination of Miguel A. Estrada to the D.C. Circuit failed by a margin of 55-44. And I had a post titled "Divided Ninth Circuit panel holds that murder suspect's lawyer doesn't provide ineffective assistance by telling police where to find the dead bodies."

Finally, one year ago tonight, I noted that "Florida voters get chance to amend state constitution to make it more difficult to amend state constitution."
Posted at 11:30 PM by Howard Bashman




"Shootings Fuel a Drive to Ease Gun Laws": Sunday's edition of The New York Times will contain an article that begins, "Paul Bucher, the district attorney for the Wisconsin county where a man opened fire in a church service last month, killing seven people and himself, has one answer to the deadly mass shootings around the country in recent weeks: more guns." The article also mentions the issue of violence against judges and their family members.
Posted at 08:50 PM by Howard Bashman



"Heinz heirs: $309 million; Late senator's estate unsealed by court." The Pittsburgh Post-Gazette contains this article today. And The Pittsburgh Tribune-Review reports today that "Senator Heinz's financial records open."
Posted at 07:50 PM by Howard Bashman



"Lobbying Heats Up on Filibuster Rule Change": This article will appear Sunday in The New York Times. And a related article is headlined "A Master of the Senate's Ways Is Still Parrying in His Twilight."
Posted at 07:40 PM by Howard Bashman



I forget, is he for or against activist judges in this particular instance? The Associated Press reports that "Limbaugh lawyer argues medical records protected by state law." You can access at this link the reply brief filed on Rush Limbaugh's behalf yesterday in the Supreme Court of Florida. All of the papers filed in that court in connection with Limbaugh's pending request for discretionary review can be accessed via this link.
Posted at 04:04 PM by Howard Bashman



"Accord shields Newdow allies; New challenge to Pledge of Allegiance keeps names of eight co-plaintiffs secret": This article appeared Wednesday in The Sacramento Bee.
Posted at 04:00 PM by Howard Bashman



"Justice to leave state supreme court": The Bangor (Me.) Daily News contains this article today.
Posted at 03:54 PM by Howard Bashman



"Restored court honors founding father's legacy": This article appeared yesterday in The Boston Globe. A whole bunch of press releases relating to the courthouse can be accessed from the right-hand column of the web page of the Supreme Judicial Court of Massachusetts.
Posted at 03:50 PM by Howard Bashman



In news from San Antonio: The Associated Press reports that "Women set to make U.S. judicial history; Latest nominee would make the 4th appeals court an all-female panel." And The San Antonio Express News reported yesterday that "Seventh woman picked for bench."
Posted at 03:45 PM by Howard Bashman



The next Senate Judiciary Committee executive business meeting is scheduled for the morning of Thursday, April 7, 2005: You can view the agenda at this link.
Posted at 03:25 PM by Howard Bashman



"Terri Schiavo's Parents Needed Activist Judges": Bloomberg News columnist Ann Woolner had this essay yesterday.
Posted at 03:15 PM by Howard Bashman



"Vatican Says Pope John Paul II Dies at 84": The AP provides this report.
Posted at 03:09 PM by Howard Bashman



"Mitchell Decries GOP Filibuster Plan": Jesse J. Holland of The Associated Press provides this report. And Reuters reports that "Ex-Democratic Leader Joins Battle Over Judges."
Posted at 02:40 PM by Howard Bashman



In news from Louisiana: The Times-Picayune yesterday contained articles headlined "Court asked to review 2 laws; Gay-rights group wants them tossed" and "Exxon wins reduction in $1 billion jury award; Family sued over contaminated land."
Posted at 10:28 AM by Howard Bashman



"The Filibuster Party": Yesterday's installment of James Taranto's "Best of the Web Today" included discussion (second item) of a judicial filibuster-related email that U.S. Senator John Kerry (D-MA) circulated yesterday.
Posted at 10:15 AM by Howard Bashman



"A senator fires back at DeLay remarks; Democrat says statements about the Schiavo case were threats that violated the law": The Houston Chronicle contains this article today.

The Washington Post reports today that "DeLay Wants Panel to Review Role of Courts; Democrats Criticize His Attack on Judges."

In The San Francisco Chronicle, Bob Egelko reports that "Schiavo case widens divide between Congress and courts."

The Providence (R.I.) Journal contains an article headlined "Reed: DeLay's words in Schiavo case 'reckless'; The Texas Republican said that the federal judges who refused to order the replacement of the brain-damaged woman's feeding tube would be held 'responsible.'"

The New York Times contains an article headlined "On the Day After, Attending to the Details of Death."

The Denver Post contains an editorial entitled "DeLay needs a civics lesson."

The Roanoke Times contains an editorial entitled "Threatened judges, threatened freedom: An independent judiciary, unfairly maligned in the Schiavo case, is crucial to the checks and balances that protect all Americans' rights."

And yesterday's broadcast of the Rush Limbaugh Show contained a segment titled "DeLay Vows to Rein in Judiciary; Kennedy Accuses Him of Inciting Violence" (transcript with link to audio).
Posted at 08:45 AM by Howard Bashman



Friday, April 01, 2005


"Justice Ginsburg Backs Value of Foreign Law": This article will appear Saturday in The New York Times. C-SPAN appears to make the video of Justice Ruth Bader Ginsburg's speech from earlier today available online, but the link isn't working yet.
Posted at 11:30 PM by Howard Bashman



On this date in "How Appealing" history: April 1, 2003 began with what turned out to be both the debut and conclusion of this blog's "Today's Pokemon" feature. I don't hold Hitmonchan responsible for the feature's lack of success. On the other hand, had I chosen Mr. Mime, Drowzee, or Jigglypuff, surely the feature would have been a smashing success. The day ended more or less with that day's music selection, "Like A Stone," by Audioslave (Windows Media Player required).

In between, there was way too much good stuff for me to capture here, including tape-delay blogging of that day's oral arguments in the University of Michigan racial preferences in university admissions oral arguments (hey, the Chief just called her "Maureen"); the Senate confirmation of a U.S. Court of Appeals judge in the absence of a filibuster-proof majority; and my timelessly popular "Not exactly an octogenarian" post.

By contrast, one year ago today was relatively uninteresting, unless you were Ninth Circuit nominee William Gerry Myers III (see my posts here and here) or Justice Antonin Scalia, who as I noted here was the subject of a Salon.com essay posted online that evening under the headline "Antonin Scalia, self-made martyr: He could have been the next chief justice; Today, he's just a poster boy for intolerance, vitriol and questionable ethics."
Posted at 11:00 PM by Howard Bashman




Available online from law.com: Shannon P. Duffy reports that "Major Electronic Databases to Pay Freelancers in $18M Copyright Dispute."

And in other news, "Feds Drop $373,000 FOIA Search Fee Demand."
Posted at 10:28 PM by Howard Bashman




"Immigration records shed light on Lefkow killer's past": Yesterday's issue of The Chicago Tribune contained this article. And The Chicago Sun-Times reported yesterday that "Lefkow killer fled Communist Poland."
Posted at 10:25 PM by Howard Bashman



"Remedies Emerging as Issue in Federal Tobacco Case": This article will appear Saturday in The New York Times.
Posted at 10:22 PM by Howard Bashman



"The Limbaugh Code: The New York Times best seller no one is talking about." Dahlia Lithwick has this culturebox essay online at Slate.
Posted at 10:20 PM by Howard Bashman



"In the Senate, Fireworks Over the 'Nuclear Option'": David Welna has this written report online at the web site of National Public Radio.
Posted at 08:30 PM by Howard Bashman



"Don't go to court without cash; $106K in legal cost over $63K damages; 'An average person ... couldn't afford it'": This article, which experience teaches probably does not represent an April Fool's joke, appears today in The Toronto Star.
Posted at 04:20 PM by Howard Bashman



On April 14, 2005, abortion will be on the docket before the U.S. Court of Appeals for the Eighth Circuit: On the morning of Thursday, April 14, 2005 in St. Louis, a single three-judge Eighth Circuit panel will hear oral arguments in three important abortion-related appeals.

In one appeal, the federal government is challenging the ruling of a Nebraska-based federal district court which held that the federal Partial-Birth Abortion Ban Act of 2003 is unconstitutional.

The two other appeals arise from Missouri. In one case, the State of Missouri appeals from a federal district court's decision permanently enjoining a Missouri law that made partial birth abortions a crime. And in the other case, the State of Missouri appeals from a preliminary injunction that has halted enforcement of a Missouri law imposing a twenty-four-hour waiting period for an abortion except in the case of medical emergency.

The three-judge panel assigned to hear and decide these three appeals consists of Chief Judge James B. Loken, Senior Circuit Judge George G. Fagg, and Circuit Judge Kermit E. Bye. Because the Eighth Circuit provides online access to oral argument audiotapes, I will provide links just as soon the tapes are posted.

The Eighth Circuit is likely to maintain an important role in reviewing abortion-related laws into the future. For example, South Dakota has recently adopted what has been described as the Nation's "most restrictive abortion measures." Additonal news coverage of recent developments in South Dakota can be accessed here (Boston Globe), here (AP), and here (AP).
Posted at 03:02 PM by Howard Bashman




"Senators Gear Up for Partisan Battle over Judge Appointments": Voice of America News provides this report today.
Posted at 02:30 PM by Howard Bashman



The Chicago Tribune is anti-filibuster and anti-"nuclear option": The newspaper today contains an editorial entitled "A better filibuster tactic."

The March 31, 2005 issue of The Economist contains an editorial (subscription required) entitled "Congress and the judiciary: It would be a mistake for the Republicans to change the Senate's irritating filibuster rules."

And the April 2005 issue of Washington Lawyer contains many letters to the editor that respond to Bruce Fein's essay published in the February 2005 issue under the heading "Pack the Supreme Court."
Posted at 02:28 PM by Howard Bashman




On April Fool's Day, the U.S. Court of Appeals for the Ninth Circuit orders that the word "ample" be added to an opinion about erotic dancing: You can access today's order amending opinion at this link.
Posted at 02:08 PM by Howard Bashman



"Stopping 'Stop-Loss': The federal 9th Circuit Court is coming to Seattle to hear the case of a National Guard soldier forced to stay on." The current issue of Seattle Weekly contains this article.

According to the Ninth Circuit's web site, the case will be argued Wednesday, April 6, 2005 at the University of Washington School of Law before a three-judge panel consisting of Senior Circuit Judge William C. Canby and Circuit Judges Richard C. Tallman and Johnnie B. Rawlinson.
Posted at 11:18 AM by Howard Bashman




"Supreme Court averts Quebec language fight": This article appears today in The Toronto Globe and Mail.

The Toronto Star reports today that "Top court redefines language law in Quebec; Upholds limits on francophones; But eases restrictions for immigrants."

And The Montreal Gazette contains articles headlined "Bill 101 survives challenge; Supreme Court clarifies language rights; Anglo schools open to French-immersion students - but will stay closed to Quebec francophones" and "'Parking' kids in private school was an investment, father says; Practice prohibited in 2002; English school board president says ban deprived Montreal schools of 600 students."
Posted at 11:10 AM by Howard Bashman




In news pertaining to the University of Colorado football recruiting scandal: The Denver Post today contains articles headlined "Judge tosses key CU sex suit; Women pledge to appeal ruling"; "Pretrial dismissal surprises former justice in CU probe"; and "Some students see troubling trend."

The Rocky Mountain News contains articles headlined "It's over - for now; Losing side vows to appeal sex case at heart of scandal"; "Women unable to prove CU at fault, judge rules"; "Simpson the public face of allegations against CU"; and "Regents say ruling vindicates university; But they're worried about suit's damage to image of school."

The Boulder Daily Camera contains articles headlined that "Case dismissed; Judge: Title IX standards not met" and "Celebration, shock at news."

And The Associated Press reports that "Rape Lawsuit Against U. of Colo. Tossed."
Posted at 10:02 AM by Howard Bashman




"Disputed Evidence Upheld in Daimler Merger Trial": Reuters reports here that "A U.S. judge has issued rulings that could bolster the case of billionaire Kirk Kerkorian in his $1 billion lawsuit against DaimlerChrysler."
Posted at 09:45 AM by Howard Bashman



"Make peace, not war on judicial nominees": This editorial appears today in The San Antonio Express-News.
Posted at 07:20 AM by Howard Bashman



"Can Justice Scalia Solve the Riddles Of the Internet? Without profit even the digital world will break down." Daniel Henninger has this op-ed today in The Wall Street Journal.
Posted at 07:18 AM by Howard Bashman



"Protecting the Work Force": The New York Times today contains an editorial that begins, "The Supreme Court struck an important blow for older workers this week by making it easier for them to sue for age discrimination."
Posted at 07:15 AM by Howard Bashman



"Anger Likely to Shift to Judiciary; Conservative criticism of court rulings in the case indicates that the war by the GOP and Democrats over nominations is likely to escalate": Ronald Brownstein has this article today in The Los Angeles Times.

The New York Times today contains an article headlined "Even Death Does Not Quiet Harsh Political Fight" that begins, "The political battle over Terri Schiavo erupted anew on Thursday as conservatives portrayed her death as the result of an unaccountable judiciary and Representative Tom DeLay, the House majority leader, threatened retribution against the judges who refused to intercede in the case."

The Washington Post reports that "Long Legal Battle Over as Schiavo Dies; Florida Case Expected To Factor Into Laws For End-of-Life Rights." The newspaper also contains an editorial entitled "This Is Not the Way" that states, "Such crude threats of retribution against judges of both parties who were only doing their jobs is, indeed, a mark of an arrogant and out-of-control federal power -- but that power is the legislature, not the judiciary."

The Houston Chronicle reports that "Wrangling may influence judicial hearings; Courts' handling of Schiavo's case could lead to a push for new faces."

The San Francisco Chronicle reports that "DeLay blames judicial system, promises new legislation; Kennedy calls congressman's words 'reprehensible.'"

Newsday reports that "Case fuels fight over judiciary."

The Washington Times reports that "Pro-lifers hear call to overhaul 'arrogant' judiciary."

The Dallas Morning News reports that "Schiavo case could have lasting effects."

In The New York Sun, Luiza Ch. Savage reports that "With Schiavo Dead, Bush Emphasizes 'Culture of Life.'"

The Boston Globe reports that "Outcome likely to reverberate as Congress returns."

USA Today reports that "Politicians might feel repercussions."

The St. Petersburg Times reports that "Recess quiets Washington's response; The case's legal legacy is still being written; For now, lawmakers give only prepared statements and protesters are few."

The Tampa Tribune reports that "U.S. System Still Intact."

The Orlando Sentinel contains articles headlined "Right-to-die case a study in judicial liberty, some say" and "Furor to fade, experts say; Many observers doubt fallout will hurt parties."

Finally, The Miami Herald reports that "Case broke little new legal ground; Despite the attention focused on the Terri Schiavo case, the court fight that raged for years was, from a legal standpoint, routine."
Posted at 07:00 AM by Howard Bashman




"The Defense Rests": Today in The Washington Post, columnist Eugene Robinson has an op-ed that begins, "I guess now I won't be killing anyone. My plan, if I ever did, was to call Johnnie Cochran, but, sadly, his number is no longer in service."
Posted at 06:50 AM by Howard Bashman



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