How Appealing

Sunday, July 31, 2005


In Monday's edition of The New York Times: Neil A. Lewis will report that "Two Prosecutors Faulted Trials for Detainees."

In other news, "New File-Sharing Techniques Are Likely to Test Court Decision."

And an article will report that "Bible Course Becomes a Test for Public Schools in Texas."
Posted at 10:50 PM by Howard Bashman




"Charter Member of Reagan Vanguard; Roberts Was Part of Legal Team Eager to Shift Course of Civil Rights Law": Monday's issue of The Washington Post will contain this front page article.

And Charles Lane will have an article headlined "On a Big Issue, Little Is Known."
Posted at 09:50 PM by Howard Bashman




"Ten Commandments get an Indiana niche; Some lament monument being on private land": This article appears today in The Boston Globe.
Posted at 09:44 PM by Howard Bashman



In the August 8, 2005 issue of U.S. News & World Report: The cover story is headlined "Divided, We Stand: America's long struggle to balance church and state isn't getting any easier."

And Gloria Borger has an essay entitled "How to Lose Smart" that begins, "Here's what's not a secret: Supreme Court nominee John G. Roberts is a well-respected litigator, arguing cases before the high court 39 times."
Posted at 03:00 PM by Howard Bashman




"If Roe goes, questions abound; What would happen if the high court throws out Roe vs. Wade?" This article appears today in The Dallas Morning News.

The Philadelphia Inquirer today contains an article headlined "The staying power of 'Roe v. Wade'; The Supreme Court isn't likely to flat-out reverse it; And the GOP wouldn't likely want that, anyway; But we can expect some fierce battles."

The August 8, 2005 issue of Newsweek will contain articles headlined "Roe's Army Reloads: They've been dreading this moment for decades; How the pro-choice movement is readying for Roberts--and navigating a critical political crossroads" and "The Nominee: Roberts at the Revolution; As interest groups sift his record in the Reagan White House, colleagues recall the mood at the dawn of a conservative era."

And The Miami Herald today reports that "Nominee John Roberts' 2000 recount role gets spin but no traction."

In commentary, David M. Lebedoff has an op-ed entitled "No misstep by Roberts is too small for New York Times" in The Minneapolis Star Tribune.

And in The San Antonio Express-News, columnist Victor Landa has an op-ed entitled "I'll bet on it: Nominee a pawn in GOP's plan."
Posted at 02:45 PM by Howard Bashman




"Feinstein Gears Up for Roberts Hearings": The Associated Press provides this report.

And today in The Sacramento Bee, U.S. Senator Dianne Feinstein (D-CA) has an op-ed entitled "How to judge a judge: Justice nominee John Roberts must answer questions on philosophy but needn't offer opinions on cases."
Posted at 02:14 PM by Howard Bashman




"State's top court rules beach-walking is OK; Tradition a right, Michigan justices say": This article appeared yesterday in The Detroit Free Press.

In earlier coverage, The Associated Press reported back in February 2005 that "Sandy footsteps lead to court; Case could decide who can walk on beach."

You can access this past Friday's ruling of the Supreme Court of Michigan at this link.
Posted at 11:40 AM by Howard Bashman




The Milwaukee Journal Sentinel is reporting: Today's newspaper contains an article headlined "The truth, yes, but the whole truth? Senators debate limits of what Roberts must reveal."

And in other news, "Asylum-seekers find legal haven in Chicago-based appeals court; Prominent federal judge has lent support to those fearing persecution if deported."
Posted at 10:10 AM by Howard Bashman




"Does Jane speak for John?" Ellen Goodman has this op-ed today in The Boston Globe.
Posted at 10:07 AM by Howard Bashman



The St. Petersburg Times is reporting: Today's newspaper contains articles headlined "He wrote a story, and got exposed; A libel suit over a Sports Illustrated story has turned up some details regarding the writer's work as a Florida lobbyist" and "Judicial comment sets Crist apart; His praise for the Schiavo case's judges wins him the ire of activists and contrasts him with his rival."
Posted at 10:04 AM by Howard Bashman



"The parties swap tunes for Roberts; Today the Democrats want specifics, and the GOP disagrees - the opposite of 12 years ago:" Today in The Philadelphia Inquirer, political analyst Dick Polman has this article.
Posted at 10:00 AM by Howard Bashman



In today's issue of The Los Angeles Times: An article is headlined "View of High Court From the Street: An informal poll finds people aware of the significance of Justice O'Connor's departure but less clear on the fine details of replacing her."

And in other news, "A Killer's Insanity, Cured; His recovery could mean freedom, and renewed controversy."
Posted at 09:58 AM by Howard Bashman




In commentary published by The Washington Post: Today's newspaper contains an editorial entitled "Young Lawyer Roberts."

And Geoff Earle has an essay entitled "Forget His Resume. What's His Regimen?"
Posted at 09:54 AM by Howard Bashman




Available online from The New York Times: The newspaper offers an item titled "Interactive Feature: The Roberts Opinions."

And the Week in Review section of today's newspaper contains an item headlined "Judge Roberts, Meet Daniel Webster."
Posted at 09:44 AM by Howard Bashman



Saturday, July 30, 2005


In U.S. Supreme Court nominee-related commentary: The Rocky Mountain News today contains an editorial entitled "The fishing party."

In The Palm Beach Post, columnist Stebbins Jefferson has an op-ed entitled "Can Roberts channel O'Connor?"

In The Decatur Daily, James L. Evans has an op-ed entitled "Called to a higher standard."

And Edwin Meese and Todd Gaziano of The Heritage Foundation have an op-ed entitled "Roberts won't get to play by the Ginsburg Rules."
Posted at 11:12 PM by Howard Bashman




"State panel urged to probe congressman": The Chicago Tribune today contains an article that begins, "The state agency that oversees lawyer conduct in Wisconsin has been asked to investigate Rep. James Sensenbrenner for sending a private letter to the U.S. Court of Appeals in Chicago demanding a longer prison sentence for a drug courier." The blog "Sentencing Law and Policy" says here that it has received and is posting online a copy of the letter.
Posted at 11:00 PM by Howard Bashman



"John Roberts's Other Papers: Portrait of the judge as an undergraduate." Matthew Continetti will have this essay in the August 8, 2005 issue of The Weekly Standard.
Posted at 10:58 PM by Howard Bashman



In Sunday's issue of The New York Times Magazine: An interview with U.S. Senator Charles E. Schumer (D-NY) will bear the headline "Judicial Opinion."

And William Safire's "On Language" column will appear under the heading "Desecration."
Posted at 10:50 PM by Howard Bashman




"In courtroom, high-tech can be high risk; Critics say the increased use of machines instead of court reporters places a higher priority on cost-cutting than fairness": This article appears today in The St. Petersburg Times.
Posted at 10:40 PM by Howard Bashman



"As Clerk for Rehnquist, Nominee Stood Out for Conservative Rigor": Adam Liptak and Todd S. Purdum will have this article Sunday in The New York Times.
Posted at 02:45 PM by Howard Bashman



"Bad News": This lengthy essay by Seventh Circuit Judge Richard A. Posner begins on the cover of tomorrow's issue of The New York Times Sunday Book Review. In his essay, Judge Posner addresses among other things the interplay between the news media and blogs.
Posted at 11:35 AM by Howard Bashman



"U.S. Judge Voids Portion of Patriot Act as Illegally Vague; The jurist says wording on 'expert advice' and 'training' is imprecise; She upholds a broader ban on material support for terrorist groups": David Rosenzweig has this article today in The Los Angeles Times.
Posted at 11:00 AM by Howard Bashman



"Ruling Sets Off Tug of War Over Private Property": The New York Times contains this front page article today.
Posted at 10:00 AM by Howard Bashman



"After Dispute, Judge's Confirmation Hearings Set to Start Sept. 6": This article appears today in The New York Times, along with articles headlined "White House Memos Offer Opinions on Supreme Court" and "Roberts Nomination Raises the Issue of the Role of Religious Faith in Public Life."

In The Los Angeles Times, Maura Reynolds and David G. Savage report that "Roberts' HearingsSet to Start Sept. 6; As expected, Democrats formally request memos and court filings that the Supreme Court nominee wrote for the solicitor general's office."

The Washington Times reports that "Roberts' Senate hearing set as lawmakers scan records." And Terence P. Jeffrey has an op-ed entitled "Durbin evolution on decency."

The Manchester Union Leader reports that "Edwards tells NH he has 'serious questions' about Roberts."

The Arkansas News Bureau reports that "Pryor meets with Supreme Court nominee."

The Kennebec (Me.) Journal reports that "GOP rallies for Roberts' confirmation."

The Colorado Springs Gazette reports that "GOP head asks Springs to help in Roberts vote."

And one week ago, The Rocky Mountain News published an article headlined "Dobson keeps focus on the fight; Champion of Christian right sets his sights, political clout on battle over courts."
Posted at 08:30 AM by Howard Bashman




"Voter registrations of judge, spouse alleged improper": The Seattle Times today contains an article that begins, "The Evergreen Freedom Foundation has challenged the voter registrations of 9th U.S. Circuit Court of Appeals Judge Betty Fletcher and her husband, Robert Fletcher."
Posted at 08:20 AM by Howard Bashman



"Remington native first solicitor general": The Journal and Courier of Remington, Indiana yesterday contained an article that begins, "A Remington native has been chosen Indiana's first solicitor general, given the task of handling legal cases that pose constitutional challenges to the state. Currently special counsel in the Indiana Attorney General's Office, Thomas Fisher was named Thursday as solicitor general by Attorney General Steve Carter."

Fisher, of course, is a longtime reader of "How Appealing" and conducted the interview I republished in October 2004 under the heading "23 Questions for Seventh Circuit Judge Diane S. Sykes."
Posted at 08:15 AM by Howard Bashman




Available online from law.com: Tony Mauro reports on "The Year Roberts Had Rehnquist's Ear."

An article is headlined "Mass. Judge: Denying Jurors a Smoke Doesn't Change Verdict."

And in news from California, "Murder Case to Be Retried Over Jury Trip."
Posted at 08:10 AM by Howard Bashman



Friday, July 29, 2005


On a bid placed two seconds before the auction ended, Justice Sandra Day O'Connor bobblehead doll sells on eBay for $345.69: The bidding war went down to the wire on this item. Amazing!
Posted at 05:00 PM by Howard Bashman



"Dems Complain GOP Rushing Roberts Vote": Jesse J. Holland of The Associated Press provides this report.

Reuters provides an update headlined "No date set yet for Roberts U.S. Senate hearing."

And last but not least, the White House made the nomination official today.
Posted at 04:44 PM by Howard Bashman




"Court foes target Breyer's property; Tactic mirrors bid to take Souter's home": The Concord (N.H.) Monitor today contains an article that begins, "If the Libertarian Party of New Hampshire and its allies have their way, someday two stone monuments will stand on U.S. Supreme Court Justice Stephen G. Breyer's Plainfield property."
Posted at 04:20 PM by Howard Bashman



In one hour and fifty-five minutes from now: This eBay auction of a Justice Sandra Day O'Connor bobblehead doll will conclude.
Posted at 03:05 PM by Howard Bashman



Why? Why not? A three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued a decision ordering the Board of Immigration Appeals to provide the reasons for the BIA's ruling issued in 1997 that "the forced sterilization or abortion of one spouse is an act of persecution against the other spouse and that, as a result, the spouses of those directly victimized by coercive family planning policies are per se as eligible for asylum as those directly victimized themselves."
Posted at 03:00 PM by Howard Bashman



"Roberts Hearing to Start on Sept. 6": Jesse J. Holland of The Associated Press provides this report.
Posted at 02:42 PM by Howard Bashman



Federal criminal defendant's earlier civil lawsuit against U.S. District Judge did not require the judge to recuse himself from presiding over the federal government's prosecution of the former plaintiff: A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit today issued this decision, addressing a question of first impression in the circuit.
Posted at 02:40 PM by Howard Bashman



Long hair in prison: A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued an opinion that begins:
California prisoner Billy Soza Warsoldier appeals from the district court's denial of his request for a preliminary injunction in his suit challenging a California Department of Corrections ("CDC") hair grooming policy, which requires that all male inmates maintain their hair no longer than three inches. Warsoldier refuses to adhere to the grooming policy because of his sincere religious belief that he may cut his hair only upon the death of a loved one. He argues that the policy, and CDC's refusal to permit a religious exception, violates his right to religious freedom. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), and for the reasons set forth below, we reverse the district court's denial of Warsoldier's request for a preliminary injunction.
You can access the complete decision at this link.
Posted at 12:55 PM by Howard Bashman



"Your Handy Guide to Right-Wing Lawyers Who Hate Brian Leiter...or the Company that Eugene Volokh Keeps": Professor Brian Leiter has this post today at his blog, "Leiter Reports."
Posted at 12:38 PM by Howard Bashman



"Gross Distortions: The media on John Roberts's civil-rights record." Edward Whelan has this essay today at National Review Online.
Posted at 12:15 PM by Howard Bashman



"Roberts' US Senate hearing to start Sept 6-sources": Reuters provides this report. And thanks to all who have thus far submitted entries for the related contest I launched this morning. Many of the submissions are quite good, which will make the task of judging them all the more difficult.
Posted at 12:14 PM by Howard Bashman



"Court Reinstates Anthrax Defamation Suit Against N.Y. Times": This article appears today in The Washington Post.

And The New York Times itself reports today that "Appeal Restores Libel Case Against Times."
Posted at 12:00 PM by Howard Bashman




The Associated Press is reporting: Jesse J. Holland has articles headlined "Edwards Citicizes Supreme Court Nominee" and "Senator-Turned-Actor at Roberts' Side."

In news from New Hampshire, "Libertarians Propose Taking Breyer Land."

And in other news, "Jailed Reporter Praises Prison Staff."
Posted at 11:55 AM by Howard Bashman




In news from Connecticut: The Hartford Courant today contains an article headlined "Eminent Domain Revisited; Legislators Told State's Laws Already Offer Protection For Homeowners In Many Cases."

And The Day of New London today contains articles headlined "Two Sides Of Eminent Domain: Fort Trumbull plaintiffs, NLDC make their cases in Hartford" and "Activists Carry Fight To The Capitol; Eminent domain foes join forces to press for changes in state law."
Posted at 11:35 AM by Howard Bashman




"Who is John Roberts?" This segment (RealPlayer required) featuring Charlie Savage of The Boston Globe appeared on Wednesday's broadcast of the public radio program "Here and Now." If anyone knows what the missing third of the Savage triumvirate -- Luiza Ch. Savage -- is doing these days, I'd be curious to find out. [Update: To answer my own question, it appears that Luiza has left The New York Sun to write for Maclean's.]
Posted at 10:35 AM by Howard Bashman



"Snubbing the Supremes": That's the title of Ken Rudin's most recent "Political Junkie" column available online at NPR.org.
Posted at 10:22 AM by Howard Bashman



"A Document Request for Senator Schumer: Turnabout is fair play." Law Professor Steven G. Calabresi has this essay online at The Weekly Standard.
Posted at 09:14 AM by Howard Bashman



Available from National Review Online: An editorial entitled "Underprivileged" begins, "The skillfully managed White House rollout of the Roberts nomination has suffered its first major mistake."

And Andrew C. McCarthy has an essay entitled "Schumer Is Right: Judge Roberts should tell us what he thinks of Roe and other precedents."
Posted at 09:10 AM by Howard Bashman




Dumb-ass questions contest: Why should seven Democratic U.S. Senators and their staff have all the fun? Why indeed!

Accordingly, I am hereby launching a "How Appealing" contest to identify the most dumb-ass question that could possibly be asked of U.S. Supreme Court nominee John G. Roberts, Jr. at his upcoming confirmation hearings. Unlike last time, when U.S. Senator Orrin G. Hatch (R-UT) put himself in charge of deciding whether or not questions for Roberts were appropriately characterized as "dumb-ass," this time I'm the sole referee of this admittedly entirely subjective contest.

Entries should be submitted to me via email, along with your name and a statement whether I can identify you by name if your entry is the winner or a runner-up in the "Most dumb-ass question for Judge Roberts" contest. The winner and runners-up receive the psychic reward of knowing that their questions were, in my subjective view, among the most dumb-ass questions that this blog's audience submitted in response to this contest, along with the admittedly fleeting pleasure of seeing their names mentioned here at "How Appealing" if they give permission for me to do so. Please enter early and often, because this contest could (and indeed at some point will) end at any time.
Posted at 07:45 AM by Howard Bashman




"Democrats Request Files Involving Court Pick": This article appears today in The New York Times, along with an article headlined "In Records, a Privately Blunt Roberts Showed Public Tact."

Today in The Los Angeles Times, David G. Savage has an article headlined "Privilege Claim May Not Apply to Roberts Papers; His ex-boss, Kenneth Starr, won a ruling against the protection during Whitewater." And in related news, "Democrats Pinpoint the Files They Want; They call their request for Roberts' documents 'limited'; Republicans say it's a delay tactic."

The Washington Times reports that "Senators demand Roe be upheld." Today's newspaper also contains an op-ed by R. Emmett Tyrrell Jr. entitled "Right focus on the law" and an op-ed by Robert Stacy McCain (who apparently believes the nominee's name is "James G. Roberts") entitled "Vexations."

The San Francisco Chronicle reports that "7 Dem women want to know Roberts' stand on privacy; Senators say his view is key to keeping gay, abortion rights."

In The Oakland Tribune, Josh Richman reports that "Senators invite public to question nominee; Web site collects queries for Roberts' Supreme Court confirmation hearing."

The Times-Picayune reports that "Landrieu 'very impressed' with Roberts; Senator meets court nominee, debuts Web site."

The Pawtucket Times reports that "Almond advocates Roberts."

In commentary, today's edition of The Wall Street Journal contains an op-ed by Law Professor Douglas W. Kmiec entitled "Roberts and Rome: Does Catholic belief interfere with judicial reasoning? What kind of question is that?"

In The Naples Daily News, Dan K. Thomasson has an op-ed entitled "Search for opinions in John Roberts' past has gone too far: The search through legal papers and opinions in Supreme Court nominee John Roberts' past has reached the point of ridiculousness; It's time to vote."

In The San Diego Union-Tribune, columnist Ruben Navarrette Jr. recently had an op-ed entitled "Minorities and women also are 'qualified.'"

And in The Rocky Mountain News, columnist Mike Rosen has an op-ed entitled "Here comes the judge."
Posted at 07:20 AM by Howard Bashman




Commentary available online from FindLaw: John W. Dean has an essay entitled "Supreme Court Nominee John G. Roberts: How Many Of His Government Records Can Be Hidden From the Senate?"

And Joanna Grossman has an essay entitled "When Can Consensual Sex Create a Hostile Workplace Environment? The California Supreme Court Weighs In on the Claim of Sexual Favoritism."
Posted at 07:12 AM by Howard Bashman




The Chicago Tribune is reporting: Today's newspaper contains an article headlined "Probe of Sensenbrenner sought; Group writes letter to House ethics panel" that begins, "An advocacy group has asked the House ethics committee to open an investigation of Rep. James Sensenbrenner, chairman of the House Judiciary Committee, alleging that the Wisconsin Republican violated ethics rules by attempting to influence a decision in an appeals court case in Chicago."

And yesterday's newspaper contained an article headlined "Slaying suspect's letters to reporter OKd for trial" that begins, "Interview transcripts and letters sent to a Chicago Tribune reporter can be used at trial against a man accused of killing six hunters in northern Wisconsin, including a statement that some of the victims deserved their fate because they threatened him and called him racist names, a judge ruled Wednesday."
Posted at 07:05 AM by Howard Bashman




"Divided Front: How Media Split Under Pressure In the Leak Probe; Ms. Miller of the Times Had A Separate Dispute With Special Prosecutor; Mr. Abrams Loses a Client." The Wall Street Journal contains this front page article (free access provided) today.
Posted at 06:58 AM by Howard Bashman



"Soledad cross measure wins; issue will still head to court": This article appeared Wednesday in The San Diego Union-Tribune.
Posted at 06:54 AM by Howard Bashman



The Topeka Capital-Journal is reporting: Today's newspaper contains articles headlined "Court: Bishop statue was acceptable; 'Holier than thou' was at Washburn until exhibit ended a year ago" and "Far right eyes ways to change Supreme Court."
Posted at 06:50 AM by Howard Bashman



"This court holds that the statue's placement on Washburn's campus under these circumstances does not constitute an unconstitutional endorsement of an anti-Catholic message": A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit on Thursday issued that court's ruling on a lawsuit involving a statue titled "Holier Than Thou" -- installed on Washburn University's campus in September 2003 -- depicting a clergyman with a bishop's miter that some said was offensive to the Roman Catholic church because of its phallic appearance. You can view photographs of the statue here and here.

The federal trial court's ruling that was the subject of the appeal decided on Thursday can be accessed at this link, while plaintiffs' complaint initiating suit can be accessed here. Law Professor Eugene Volokh blogged about this dispute in a post from February 2004.

The lawsuit has garnered extensive press coverage. The Topeka Capital-Journal in early- to mid-2004 published articles headlined:

Meanwhile, in other coverage, WorldNetDaily reported that "University's sculpture mocks Catholics; Judge OKs 'Holier than Thou,' depicting bishop with 'phallus' miter," while CNSNews.com reported that "Federal Judge Upholds Display of 'Anti-Catholic' Statue."

The above-linked news reports focused on the case while it was pending before a federal trial court. I'll be on the lookout for news coverage of Thursday's Tenth Circuit ruling on the case.
Posted at 12:30 AM by Howard Bashman



Thursday, July 28, 2005


In U.S. Supreme Court nominee-related commentary: Today's edition of USA Today contains an editorial entitled "Open Roberts' record to his client: the public; Court nominee's views remain too opaque for reasoned judgment" and an op-ed by Law Professor Viet D. Dinh entitled "Candor needs privacy; Releasing documents would dry up U.S. lawyers' independent analysis."

In The Boston Globe, Jeff Jacoby has an op-ed entitled "When justices refuse to retire."

In The Fort Worth Star-Telegram, columnist Linda Campbell has an essay entitled "Put away the litmus paper."

Online at Salon.com, Law Professor David D. Cole has an essay entitled "On Bush's bench? Supporters argue John Roberts will be committed to judicial restraint; But in his Guantanamo ruling, he gave Bush virtually unlimited powers in the war on terror; This is restraint?" And Michael Scherer has an essay entitled "The left's damp powder: The battle over Bush's Supreme Court nominee was supposed to be epic -- so why hasn't it even started yet?"

Today in The San Francisco Chronicle, Steven Winn has an essay entitled "The Supreme Court demands supreme theater; So where's the drama in Roberts' nomination?"

In The Washington Times, Thomas Sowell has an op-ed entitled "Geared for a fight ... over 'views.'"

In The Los Angeles Times, Crispin Sartwell has an essay entitled "I married a feminist."

From Bloomberg News, Margaret Carlson has an essay entitled "John Roberts and Good Catholic, Bad Catholic," while Law Professor Goodwin Liu has an essay entitled "Roberts Would Swing the Supreme Court to the Right."

In The New York Daily News, Stanley Crouch has an essay entitled "Memo to GOP: Roberts could disappoint," while Sidney Zion has an essay entitled "Bush vs. Gore is the litmus test."

In The Philadelphia Daily News, Rotan E. Lee has an op-ed entitled "Stacking the Supreme Court deck."

In The Cincinnati Enquirer, Nicholas P. Wise has an op-ed entitled "Give DeWine credit for brilliant deal."

In The Clarion-Ledger, Lynn Evans has an essay entitled "O'Connor has large shoes for Roberts to fill."

At National Review Online, Abigail and Stephan Thernstrom have an essay entitled "Talk about Affirmative Action: John Roberts could make a big difference on the Court."

And finally for now, Ann Coulter has an essay entitled "Fool me 8 times, shame on me."
Posted at 11:45 PM by Howard Bashman




"Democrats Hope to Use Starr Ruling to Gain Roberts' Memos": David G. Savage will have this article Friday in The Los Angeles Times. And tomorrow's newspaper will also report that "Democrats Limit Scope of Roberts Document Requests."
Posted at 11:34 PM by Howard Bashman



Available online from law.com: An article reports that "Liberal Lobbyists on Sidelines of Roberts Nomination."

And in other news, "Calif. Justices Reopen Dog-Maul Case."
Posted at 10:30 PM by Howard Bashman




"Judge's Reagan-Era Work Criticized; Papers Show Roberts's Conservatism, Liberal Activists Say": This article will appear Friday in The Washington Post. Tomorrow's newspaper will also contain an article headlined "What the Federalist Society Stands For; Group Is Haven for Conservative Thought."
Posted at 10:25 PM by Howard Bashman



"Court Reinstates Hatfill Suit Vs. Times": The Associated Press provides this report.

And Reuters reports that "US appeals court reinstates anthrax libel lawsuit."

My earlier coverage is here.
Posted at 08:24 PM by Howard Bashman




"What the Documents Say About John Roberts": This segment (RealPlayer required) featuring David G. Savage of The Los Angeles Times and Law Professors Jeffrey Rosen and Michael Gerhardt appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 08:14 PM by Howard Bashman



In Friday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain an article headlined "Key turf war: control of nominee's old papers; The Bush administration cites executive privilege in withholding Roberts's files, a tactic that is often successful."

And Roderick Nordell will have an essay entitled "You gotta put down the duckie if you wanna be a justice."
Posted at 08:10 PM by Howard Bashman




Might as well just buy it now: The bid on this auction of a Justice Sandra Day O'Connor bobblehead doll is now $300. For the same price, you can "buy it now" from a different eBay seller. [Update: Someone has indeed done just that.]
Posted at 06:20 PM by Howard Bashman



"What would you ask Judge Roberts?" Seven Democratic female U.S. Senators want to know.
Posted at 06:15 PM by Howard Bashman



"Roberts tells Democrat he won't be 'activist judge'": Thomas Ferraro of Reuters provides this report.
Posted at 06:12 PM by Howard Bashman



"Kennedy Questions Roberts on Civil Rights": The Associated Press provides this report.
Posted at 05:45 PM by Howard Bashman



"Please Ignore This Case: An Empirical Study of Nonprecedential Opinions in the Federal Circuit." Beth Zeitlin Shaw has this interesting law review article (via "Appellate Law & Practice").
Posted at 05:33 PM by Howard Bashman



"Lockyer approves ballot petitions; Same-sex marriage bans need 600,000 signatures each": The San Francisco Chronicle today contains an article that begins, "Two ballot measures seeking a constitutional ban on same-sex marriage in California received approval for circulation from Attorney General Bill Lockyer Wednesday."
Posted at 05:25 PM by Howard Bashman



Perhaps that's why Congress called the legislation the Deadbeat Parents Punishment Act instead of the Deadbeat Parents May Collaterally Attack Any State Court Support Order They Don't Like Act: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision holding that "defendants charged with violating the DPPA cannot collaterally challenge the subject matter jurisdiction of the state court that entered the underlying support order."
Posted at 05:14 PM by Howard Bashman



"If high court overturns Roe v. Wade, decision would undermine the GOP": This past Sunday, Michael Hill had this essay in The Baltimore Sun.
Posted at 04:22 PM by Howard Bashman



"Procrastinated Geekery": PG at the blog "De Novo" has some thoughts about The Bluebook's 18th Edition's rules on citation to blogs.
Posted at 04:00 PM by Howard Bashman



Divided three-judge Fourth Circuit panel reverses the dismissal of claims under Virginia law for defamation and intentional infliction of emotional distress brought by Dr. Steven J. Hatfill against The New York Times Company and columnist Nicholas Kristof: You can access today's ruling, which reverses a Fed. R. Civ. P. 12(b)(6) dismissal, at this link.
Posted at 02:55 PM by Howard Bashman



Alliance for Justice files ethics complaint against Congressman F. James Sensenbrenner, Jr. (R-WI): You can view Nan Aron's letter by clicking here. The letter begins, "As President of Alliance for Justice, I am writing in regard to a June 23, 2005 letter from House of Representatives Judiciary Committee Chairman F. James Sensenbrenner, Jr. to Joel Flaum, the Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, criticizing him for the recent decision by the court in United States v. Rivera while that case was pending."
Posted at 02:40 PM by Howard Bashman



"The state Supreme Court says a judge has a responsibility to keep order when lawyers start calling each other names referring to chicken excrement." So begins an article headlined "Lawyer insults cause reversal; High court pitches case over judge's failure to stop name-calling" published Tuesday in The Charleston (W.Va.) Daily Mail (via "L-Cubed").

The majority opinion of the Supreme Court of Appeals of West Virginia can be accessed here, while a concurring opinion is here.
Posted at 02:40 PM by Howard Bashman




In news from Seattle: The Seattle Times today contains an article headlined "Ressam judge decries U.S. tactics" that begins, "U.S. District Judge John Coughenour sentenced Ahmed Ressam to a 22-year prison term yesterday for attempting to bomb Los Angeles International Airport on the millennium's eve, and used the occasion to unleash a broadside against secret tribunals and other war on terrorism tactics that abandon 'the ideals that set our nation apart.'" A related profile of the judge is headlined "Maverick who speaks his mind." And you can access here a transcript of the judge's remarks.

The Seattle Post-Intelligencer today contains articles headlined "Ressam receives 22-year sentence; But U.S. judge lashes out at Bush policies on suspects" and "Outspoken judge draws praise, respect; He was appointed to the bench by Reagan in 1981." And columnist Robert L. Jamieson Jr. has an essay entitled "Justice lost and found in Ressam terror case."

The New York Times reports that "Terrorist in '99 U.S. Case Is Sentenced to 22 Years."

And The Los Angeles Times reports that "Would-Be Millennium Bomber Ressam Gets 22-Year Sentence; A judge settles on a midrange term after the Algerian fails to give authorities more help."
Posted at 02:25 PM by Howard Bashman




The wire services are reporting: Jesse J. Holland of The Associated Press reports that "Roberts Assures Dem He Won't Be Activist." And The AP's Gina Holland reports that "Bar Assn. Examines Roberts' Credentials."

Reuters, meanwhile, reports that "Republicans delay law limiting death row appeals."
Posted at 02:14 PM by Howard Bashman




Ninth Circuit holds that, under the Treaty Clause of the U.S. Constitution, the United States may enter into a "treaty" with a non-sovereign entity, such as Hong Kong: A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision yesterday. The dissenting opinion, by contrast, concludes: "The question of whether the President has the constitutional authority to enter into treaties with non-sovereigns, like Hong Kong, is by its nature political and, thereby, non-justiciable."
Posted at 02:10 PM by Howard Bashman



"New panel, date for detainees' hearing": At "SCOTUSblog," Lyle Denniston has a post that begins, "The D.C. Circuit on Wednesday named a new -- and more senior -- panel of judges to hear the appeals in the cases of the detainees now being held captive at the U.S. Naval prison at Guantanamo Bay, Cuba. The panel also moved up the date of the hearing, to September 8."
Posted at 12:54 PM by Howard Bashman



"The Proper Scope of Questioning for Judicial Nominees": The U.S. Senate's Republican Policy Committee issued this report on Tuesday.
Posted at 11:58 AM by Howard Bashman



Don't have a [motor vehicle collision with a] cow, man! This may at first seem to be an odd title for a post in which I am thanking my hosts from the Houston Bar Association's Appellate Practice Section for the very warm reception I received in speaking to that group yesterday. Getting to meet so very many fans of this blog in Houston yesterday made for a most enjoyable trip, and the Houston Bar Association should be very proud of the thriving nature of its Appellate Practice Section. (In other words, I was amazed that so many braved the heat and humidity of a late-July afternoon in downtown Houston to come and hear some law blogger give a talk). It was also great to hear during yesterday's program some insights about the current U.S. Supreme Court nominee from a member of the Appellate Practice Section who was in John G. Roberts, Jr.'s law school class.

Thanks to a case update distributed at yesterday's meeting, I learned that Ohio is not the only State where cow-motor vehicle collision cases are litigated on appeal. Unlike in the Ohio case, however, the recent Texas appellate ruling did not present the question "whether a cow is an uninsured motor vehicle under appellants' insurance policy." My favorite take on the Ohio ruling is available here thanks to the always witty Justice William W. Bedsworth of the California Court of Appeal.
Posted at 11:50 AM by Howard Bashman




"Democrats Press for Roberts' Reagan-Era Papers": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:20 AM by Howard Bashman



"Pa. Court Strikes Down 'Deep Pockets' Tort Reform": Insurance Journal provides this report on a ruling that the Commonwealth Court of Pennsylvania issued on Tuesday.
Posted at 11:18 AM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Dems Warn of Delay in Roberts Confirmation."

In related news, "Roberts Would Be Fourth Catholic on Court."

And an article reports that "Judges Keep Net Obscenity Law Intact."
Posted at 11:10 AM by Howard Bashman




"Richey must remain on death row; A Scot will remain on death row in the US until the Supreme Court decides whether or not he will be retried": BBC News provides this report.

And The Lima (Ohio) News reports that "Supreme Court justice places Richey's case on hold." According to the article:

Ken Parsigian, a Boston attorney representing Richey, said the order will delay the process by a few months. He said there still remains little chance the Supreme Court actually will take the case.

Parsigian also said he doubts Justice Stevens actually sat down to read the briefs before issuing the order. He said it's likely a staff person handled the matter and Stevens signed off without giving it a careful look.

"If Justice Stevens actually sat down and read these papers I would bet large sums of my own money he would deny it," Parsigian said.

Some things, perhaps, are better left unsaid.
Posted at 11:00 AM by Howard Bashman



"What the Co-Equal Branch Thinks: Enlighten the justice-to-be about the Senate's take on legal debates." Law Professor Neal K. Katyal has this op-ed in this week's issue of Legal Times.
Posted at 10:35 AM by Howard Bashman



Just in time for the weekend: At 5 p.m. eastern time tomorrow, this eBay auction of a Justice Sandra Day O'Connor bobblehead doll will conclude.
Posted at 09:20 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "State top court to decide on sentence in Knoller case; Justices to decide on reduction of conviction to manslaughter in fatal S.F. dog mauling" and "High court puts energy initiative back on ballot; Move overturns state appellate ruling on Prop. 80."
Posted at 09:05 AM by Howard Bashman



"Judge OKs Utahn's 3 'gay' plates; Motor Vehicles Division has 30 days to appeal": The Deseret Morning News contains this article today.

And today in The Salt Lake Tribune, columnist Holly Mullen has an essay entitled "GAYPLAT is cool, sez judge."
Posted at 09:00 AM by Howard Bashman




"Charged issues fill Roberts' writings": This article appears today in The Chicago Tribune, along with an op-ed by Law Professor Geoffrey R. Stone entitled "President Bush's blink: Bush promised to appoint justices like those he most admires; He has broken that promise."

The New York Times today contains articles headlined "Panel Sends Judge 10-Page Questionnaire" and "Back in the Spotlight on Judicial Nominee."

The Washington Post reports that "Access to Records May Be a Sticking Point; Democrats Push for Prompt Review."

The Los Angeles Times reports that "Struggle Over Access to Roberts' Memos Intensifies; The White House, citing attorney-client privilege, stands firm; Senate Democrats press harder, saying they need to review the information."

Newsday contains an article headlined "Roberts tied to shifts in Justice policy" that begins, "In 1982, some career attorneys at the Justice Department grumbled to the press about what they called the "Rehnquist connection" and how it provided the intellectual underpinning for abrupt shifts in policy to the right, particularly on civil rights."

The Knight Ridder Newspapers report that "Distinction between Roberts' released, withheld writings questioned" and "Memos reveal Roberts' strong advocacy for judicial restraint."

The Baltimore Sun contains an article headlined "Where conservatives debate the law: Federalist Society mined for clues to thoughts of Bush pick for high court."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Roberts' documents from early '80s show a true believer in Reagan." And in other coverage, "White House, Democrats spar over Roberts' memos; Administration invokes attorney-client privilege."

The Washington Times reports that "Democrats seek view on Roe from Roberts" and "Prayer bills 'bad policy,' Roberts wrote in '85 memo."

USA Today reports that "Media war over nominee still just a rumble; Roberts ad blitz stalls; interest groups' voices may get louder in Sept."

The Orlando Sentinel reports that "Roberts' job 'surprised' Gov. Bush."

The Milwaukee Journal Sentinel reports that "Feingold, Schumer reassured by Roberts' talk of stability; Nominee meeting with senators before hearings."

The Cincinnati Enquirer reports that "DeWine meets privately with high court nominee."

The Cleveland Plain Dealer reports that "DeWine, Roberts have 'nice discussion.'"

The Hispanic Link News Service reports that "Latino leaders have mixed reactions to Roberts nomination."

And The Daily Pennsylvanian contains articles headlined "Specter to play leading role in Court battle; Penn alum, chair of Judiciary Committee to lead Senate hearing" and "Annenberg expert -- Roberts a question mark."

In commentary, The Wall Street Journal contains an editorial entitled "The Roberts Docu-Drama: The White House hurts its own executive privilege case."

[More to come.]
Posted at 07:25 AM by Howard Bashman




"Bush nominee frustrates GOP senator at hearing; Specter says support may be in jeopardy": The Chicago Tribune today contains an article that begins, "After politely sparring with Timothy Flanigan, a peeved Sen. Arlen Specter, the chairman of the Senate Judiciary Committee, hinted Tuesday he might not support President Bush's choice to serve as second-in-command of the Justice Department if Flanigan wasn't more willing to allow lawmakers to look over his shoulder."
Posted at 07:15 AM by Howard Bashman



"Bid to Speed Death Penalty Appeals Under Fire; Conservatives and former prosecutors are among foes of a bill, before a Senate panel today, to curtail 'endless' delays in cases": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 07:04 AM by Howard Bashman



"An Online Artist Challenges Obscenity Law": This article appears today in The New York Times.
Posted at 07:00 AM by Howard Bashman



"Roberts documents reveal a conservative": CNN.com provides this report.
Posted at 06:54 AM by Howard Bashman



"On Question of Nominee Questions, No Clear Answer; History of Hearings Is Decidedly Mixed as Senators Prepare to Probe Roberts's Legal Philosophy": The Washington Post contains this article today.
Posted at 01:02 AM by Howard Bashman



"An Advocate for the Right": This news analysis about U.S. Supreme Court nominee John G. Roberts, Jr. appears today in The New York Times.
Posted at 01:00 AM by Howard Bashman


Wednesday, July 27, 2005


Programming note: After my luncheon visit with the Houston Bar Association's Appellate Practice Section today, I'll be heading home to the suburbs of Philadelphia. More later.
Posted at 12:00 PM by Howard Bashman



"Just what should we hear when listening to the past?" Today in The Houston Chronicle, columnist Cragg Hines has this op-ed about the debate over how to determine the meaning of the U.S. Constitution.
Posted at 11:40 AM by Howard Bashman



The Ninth Circuit -- a court that gives a dam about salmon. The Seattle Times reports today that "Court upholds spills at 5 dams to help salmon."

And The Oregonian reports today that "Federal court says dam spills will continue; The 9th U.S.Circuit Court of Appeals upholds a judge's order on the Columbia and Snake to help at-risk salmon."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:30 AM by Howard Bashman




"This suit's for you, 'Buddyweiser'": The St. Louis Post-Dispatch contains this article today.
Posted at 11:20 AM by Howard Bashman



"Convicted man's level of intelligence key to his fate": This article appears today in The Richmond Times-Dispatch.

And The Daily Press of Hampton Roads, Virginia reports today that "Death row inmate faces York/Poquoson jury; Daryl Atkins' teachers say he did not seem capable of doing normal middle or high school class work."
Posted at 11:00 AM by Howard Bashman




"Democrats Want to See Additional Roberts Documents": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:02 AM by Howard Bashman



In commentary: Online at Reason, Nick Gillespie has an essay entitled "Making a Federalist Case: Does it matter whether John Roberts was a member of the Federalist Society?"

At Salon.com, Garrison Keillor has an essay entitled "Save your fire: There were worse nominees George Bush might have sent up to the Supreme Court, and he did not; So shake hands with John Roberts and wish him well."

And at American Prospect Online, Matthew Yglesias has an essay entitled "Just Say No: Democrats don't have to filibuster John Roberts -- but they don't have to vote for him, either."
Posted at 08:50 AM by Howard Bashman




"ACLU sues over court oaths": The News & Observer of Raleigh, North Carolina today contains an article that begins, "The North Carolina chapter of the American Civil Liberties Union has filed a lawsuit asking the state to rule that the term 'Holy Scriptures' refers not just to the Bible but to other sacred texts. The suit stems from a Superior Court judge's decision not to allow oaths taken on the Quran, the Muslim holy book."

And in other coverage, The News-Record of Greensboro, North Carolina reports today that "Suit filed over courtroom oaths."
Posted at 08:42 AM by Howard Bashman




"It's open season on private property": Today in The Los Angeles Times, Rosa Brooks has an op-ed that begins, "Supreme court Justice David Souter must be ruing the day he joined the majority opinion in Kelo vs. City of New London, the controversial case that approved the Connecticut city's plan to redevelop its waterfront by seizing homes and handing them over to private developers."
Posted at 08:30 AM by Howard Bashman



"Chafee: Abortion-rights stance won't sway his vote on Roberts; Strategically aligned in the 'Gang of 14,' the Rhode Island Republican has helped weaken the standing of Democrats who oppose the Supreme Court nominee." The Providence Journal contains this article today.
Posted at 08:22 AM by Howard Bashman



"Early on, Roberts leaned to the right; Papers reveal a man willing to be pragmatic with other viewpoints, yet ready to defend his conservative stands": This article appears today in Newsday.
Posted at 08:20 AM by Howard Bashman



"Roberts Helped Push Against 'Activist' Judges, Papers Show": Bloomberg News provides this report.
Posted at 08:15 AM by Howard Bashman



"Outrageous French-fry ruling -- Democrats can teach Roberts a lesson": Stephen J. Fortunato Jr., an associate justice of the Rhode Island Superior Court, has this op-ed today in The Providence Journal.
Posted at 08:11 AM by Howard Bashman



"Roberts had larger 2000 recount role; The role of U.S. Supreme Court nominee John Roberts in the 2000 election aftermath in Florida was larger than has been reported; Roberts helped prepare the Supreme Court case": This article appears today in The Miami Herald.
Posted at 08:02 AM by Howard Bashman



"Roberts' arguments before high court eliciting attention": Michael McGough has this news analysis today in The Pittsburgh Post-Gazette.
Posted at 07:58 AM by Howard Bashman



"Fair Questions For Roberts": Walter Dellinger has this op-ed today in The Washington Post.
Posted at 07:57 AM by Howard Bashman



In today's edition of The Washington Times: The newspaper contains articles headlined "Democrats dismiss Roberts documents" and "Durbin was source for column about Roberts."

In addition, Helle Dale has an op-ed entitled "Roe vs. Wade vs. Technology."
Posted at 07:50 AM by Howard Bashman




"AG charges 22-year-old man married to 14-year-old girl": The Lincoln (Neb.) Journal Star today contains an article that begins, "A 22-year-old Falls City man faces a rape charge in Nebraska after marrying his pregnant, 14-year-old girlfriend across the border in Kansas."
Posted at 07:48 AM by Howard Bashman



"Frist wants Aug. hearings": The Hill today contains an article that begins, "Senate Majority Leader Bill Frist (R-Tenn.) and GOP members of the Judiciary Committee are pressing Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) to start hearings on Supreme Court nominee John Roberts during the August recess."
Posted at 07:45 AM by Howard Bashman



"Roberts showed way to shift the debate; Nominee advised using broad terms": Charlie Savage has this article today in The Boston Globe.
Posted at 07:40 AM by Howard Bashman



"Charged issues fill Roberts' writings": This article appears today in The Chicago Tribune.
Posted at 07:34 AM by Howard Bashman



"Some Roberts Documents Released; Eight senators want records of the high court nominee's work under Kenneth Starr, but the White House says they have enough to vet him": David G. Savage and Warren Vieth have this article today in The Los Angeles Times.
Posted at 07:32 AM by Howard Bashman



"John Roberts's Pro-Life Spouse: The Relevance of Jane Roberts's Politics." FindLaw commentator Sherry F. Colb has this essay today.
Posted at 07:25 AM by Howard Bashman



"Roberts' documents disclose little about nominee": This article appears today in USA Today.

And Laura Vanderkam has an op-ed today entitled "If 'Roe' were overturned: The battle over the Supreme Court nominee and abortion is so much fuss for so little turf; Few states would likely ban abortion -- and very few women would be left without 'choice.'"
Posted at 07:22 AM by Howard Bashman




"Roberts a Committed Conservative Wary of Judicial Excess, Files Show": Josh Gerstein has this article today in The New York Sun.

The newspaper also contains a related editorial entitled "The Religious Test."
Posted at 07:18 AM by Howard Bashman




"Casing John Roberts": Law Professor Vikram David Amar has this op-ed today in The New York Times.
Posted at 07:15 AM by Howard Bashman



"John Roberts: Comfortable in 'the Box'; Supreme Court nominee's experience on circuit court is 'norm'": Marcia Coyle has this article online at law.com.
Posted at 07:10 AM by Howard Bashman



The Omaha World-Herald is reporting: Wednesday's newspaper contains an article headlined "Nelson says he leans toward approving Roberts for court."

Tuesday's newspaper, meanwhile, contained an article headlined "U.P. loses ruling in bias lawsuit" that begins, "A federal judge in Omaha has ruled against Union Pacific Railroad in a class-action lawsuit over coverage of contraceptives in its health care plan. The railroad plans to appeal the ruling, a spokesman said."

Also on Tuesday, the newspaper reported that "Nebraska charges man for having sex with 14-year-old wife."
Posted at 12:40 AM by Howard Bashman




"Assisted suicide quote from Roberts revealing, analysts say": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 12:21 AM by Howard Bashman



Available online from National Public Radio: Tuesday's broadcast of "All Things Considered" contained a segment entitled "Supreme Court Clerks Form Elite Group" featuring historian David Garrow.

And Monday's broadcast of "All Things Considered" contained segments entitled "Democrats Push For Release of Roberts Papers" and "State to Determine Murderer's Mental Ability."

RealPlayer is required to launch these audio segments.
Posted at 12:14 AM by Howard Bashman




Available online at Slate: Emily Bazelon has a jurisprudence essay entitled "Answer the Question, Judge! Scalia explains why Roberts should speak freely at his confirmation hearings."

And Henry Blodget has a moneybox essay entitled "How To Invest Like a Supreme Court Justice: What John Roberts' portfolio reveals about his character."
Posted at 12:08 AM by Howard Bashman



Tuesday, July 26, 2005


"Roberts Likely to Stonewall Tough Queries; In 2003, Nominee Offered Little to Judiciary Committee": Brent Kendall has this interesting article today in The Daily Journal of California.
Posted at 11:54 PM by Howard Bashman



The Tenth Circuit weighs in on a circuit split over when a copyright registrant becomes entitled to the protections of the Copyright Act of 1976 against copyright infringement: Today's opinion -- by a unanimous three-judge panel -- begins:
The Copyright Act of 1976 requires authors to register their works with the federal Copyright Office in order to be entitled to the Act's protections against copyright infringement. Two conflicting interpretations of the Act's registration requirement have been upheld by circuit courts: 1) registration occurs when the copyright owner submits an application for registration to the copyright office, or, conversely 2) registration occurs when the copyright office actually approves or rejects the application. We hold that the second interpretation is correct. The Copyright Office must approve or reject the application before registration occurs or a copyright infringement action can be brought.
You can access the complete ruling at this link.
Posted at 11:50 PM by Howard Bashman



"U.S. Court Upholds Ruling Guarding Fish in Northwest": Bloomberg News provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And in other coverage, David Kravets of The Associated Press reports that "Appeals court upholds Washington, Oregon dam spills."
Posted at 11:48 PM by Howard Bashman




"Documents Show Roberts Aiding O'Connor": Gina Holland of The Associated Press provides this report.
Posted at 11:45 PM by Howard Bashman



Distinguishing between leases and secured loans under the Bankruptcy Code: The United Airlines bankruptcy gives rise to another very interesting opinion from Seventh Circuit Judge Frank H. Easterbrook.
Posted at 11:30 PM by Howard Bashman



"Senators Battle Over Papers and Politics": The Los Angeles Times provides a news update that begins, "The White House today released thousands of pages of documents on Supreme Court nominee John G. Roberts Jr. that nobody on Capitol Hill requested, but declared off limits all materials from the period in Roberts's government career that would likely be the most revealing about his political views."
Posted at 11:18 PM by Howard Bashman



In Wednesday's issue of The Washington Post: The newspaper will contain a front page article headlined "Papers Show Roberts as Force In Reagan Era; Papers Show Conservative Advocacy."

And in related news, "Roberts's Right to Vote Against Roe Is Defended; Gonzales Cites High Court's Special Role" and "White House To Withhold Nominee's Tax Returns; Document Release Excludes First Bush Administration."
Posted at 11:15 PM by Howard Bashman




In Wednesday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Files Highlight Legal Stances of a Nominee"; "In Reagan's White House, a Clever, Sometimes Cocky John Roberts"; and "Timing of Hearings and Vote Stalls Confirmation Talks."
Posted at 11:12 PM by Howard Bashman



"Congress aide becomes casualty of controversy; Panel's attorney exits after lawmaker's bid to alter drug sentence": This article appears today in The Chicago Tribune (via "Sentencing Law and Policy").
Posted at 11:02 PM by Howard Bashman



"Supreme Court Justices Devour Sandra Day O'Connor In Ancient Ritual": The Onion provides this report.
Posted at 11:00 PM by Howard Bashman



Fourth Circuit decides anti-abortion protestor case: You can access today's ruling by clicking here.
Posted at 10:45 PM by Howard Bashman



Houston Astros 2, Philadelphia Phillies 1: 33,866 hometown fans left happy tonight as the Astros first baseman hit a leadoff home run in the bottom of the ninth inning to break a 1-1 tie. Both teams' starting pitchers were great, but Roy Oswalt pitched a complete game for the win, while Jon Lieber pitched seven strong innings. Minute Maid Park is a beautiful ballpark, and the roof remained closed (with the air conditioning on) all game. Wraps and box score available here.
Posted at 10:33 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "GOP Presses for Timetable on Roberts Vote."

An article headlined "Roberts Writes Disability Ruling" reports on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And an article headlined "Gonzales: Roberts Not Bound by Statement" begins, "If confirmed to the Supreme Court, John Roberts would not be bound by his past statement that the 1973 decision legalizing abortion is settled law, Attorney General Alberto Gonzales said Tuesday."
Posted at 05:33 PM by Howard Bashman




"Judge Roberts Could Face Military Recruiting Case": This segment (RealPlayer required) featuring Jeffrey Toobin appeared on today's broadcast of NPR's "Day to Day."

In the current issue of The New Yorker, Toobin has an article headlined "Sex and the Supremes: Why the Court's next big battle may be about gay rights."
Posted at 05:30 PM by Howard Bashman




Greetings from Houston, Texas: Where it's just as hot outside as back home in Philadelphia. I'm staying at a quite lovely hotel just blocks away from Minute Maid Park, where I'll be tonight hoping that the Phillies can salvage the middle game of a three-game series against the Astros. And I'm just a few blocks away from the headquarters of The Houston Chronicle, which is reporting today that "Woman who cut off ex-lover's penis gets 8 years in prison; Delmy Ruiz may be deported after her prison term."
Posted at 05:15 PM by Howard Bashman



Programming note: I'll soon be traveling to Houston, Texas for reasons previously noted here. Stay tuned for new posts once I arrive there.
Posted at 08:54 AM by Howard Bashman



Available from National Review Online: Edward Whelan has an essay entitled "The Ginsburg Record and Standard: Judge Roberts deserves equal treatment."

And Hadley Arkes has an essay entitled "Decoy Day: Inside the Beltway."
Posted at 08:50 AM by Howard Bashman




"Questions over society; The association of John G. Roberts with a staunchly right-wing legal group is at issue": This article appears today in Newsday.

The San Antonio Express-News reports today that "Court pick, Republicans discount Federalist Society flap."

In The Boston Globe, Charlie Savage reports that "Conservatives defend Roberts's link to law group; Call effort to distance nominee 'a mistake.'" And columnist Peter S. Canellos has an essay entitled "Rehnquist surrendering his golden years to court."

The Washington Times reports that "Democrats to delay Roberts hearings." The newspaper also contains an op-ed by John Baden entitled "Character assassination" and an op-ed by Bruce Fein entitled "Impeccable choice."

The Baltimore Sun reports that "Bush camp looks to Roberts' Democratic friends for help; Liberals note he's earned praise but say stances are what matter."

The Houston Chronicle reports that "Cornyn has high marks for nominee Roberts; Senator calls criticism circling the judge's link to Federalist Society 'an overreaction.'"

The San Francisco Chronicle reports today that "Thoughtful Roberts impresses Feinstein; Bush nominee would be unique presence on court, she says" and reported yesterday that "Choice of Roberts avoids showdown; Dems not happy, but at this point, a fight doesn't seem likely."

The Hartford Courant reports that "Senators Try To Get To Know Roberts; Different Lawmakers Seek Different Clues To His Ideas."

The Kansas City Star reports that "Brownback meets with nominee."

The Wichita Eagle reports that "Brownback withholds judgment on nominee."

The Dallas Morning News contains an interview with Fifth Circuit Judge Patrick E. Higginbotham headlined "Judges often bring their philosophies to the bench." And columnist William McKenzie has an op-ed entitled "A religious freedom case could reveal a lot about where Roberts falls."
Posted at 07:10 AM by Howard Bashman




"5th Circuit sets aside Dallas man's conviction": Today in The Houston Chronicle, Harvey Rice has an article that begins, "After being rebuked twice by the U.S. Supreme Court, the 5th U.S. Circuit Court of Appeals on Monday issued an order overturning a conviction in a Texas death-penalty case. Appeals Judges Edith H. Jones, W. Eugene Davis and Harold R. DeMoss Jr. issued a one-paragraph unpublished opinion setting aside Thomas Joe Miller-El's 1986 capital murder conviction and ordering him released unless a new trial date is set within 120 days."
Posted at 06:58 AM by Howard Bashman



"Unabomber 'Murderabilia' for Sale; A court orders his belongings marketed to aid victims, but some are appalled at the idea": This article appears today in The Los Angeles Times.
Posted at 06:55 AM by Howard Bashman



"It Depends on What 'Member' Means": The New York Times today contains an editorial that begins, "When news organizations reported last week that Judge John Roberts, the Supreme Court nominee, was a member of the Federalist Society, a conservative legal group, the White House forcefully denied it."
Posted at 06:44 AM by Howard Bashman



"White House to Release Early Roberts Papers": This article appears today in The Washington Post.
Posted at 06:28 AM by Howard Bashman


Monday, July 25, 2005


In Tuesday's issue of The New York Times: The newspaper will contain articles headlined "Some Documents of Supreme Court Choice Will Be Released" and "Skirmish Over a Query About Roberts's Faith."
Posted at 10:45 PM by Howard Bashman



This time, the Fifth Circuit received the message loud and clear: On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Fifth Circuit today issued a not-for-publication opinion in Miller-El vs. Dretke.
Posted at 10:24 PM by Howard Bashman



"What's in a Name? A Basis for Discrimination, Says 9th Circuit." law.com provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last week.
Posted at 10:15 PM by Howard Bashman



"Cornyn has high marks for nominee Roberts; Senator calls criticism circling the judge's link to Federalist Society 'an overreaction'": The Houston Chronicle provides this report.
Posted at 10:10 PM by Howard Bashman



Reuters is reporting: Thomas Ferraro has an article headlined "US Supreme Court nominee gives assurances-senator."

And in other news, "Little mad cow risk from Canada, U.S. court finds."
Posted at 09:50 PM by Howard Bashman




"In short, this is the unusual case where the performance of defense counsel was not only objectively deficient, but likely contributed to a wrongful conviction for a capital crime. I respectfully dissent." A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit today issued a decision in which Circuit Judge Michael W. McConnell dissented from the majority's decision reinstating a murder conviction and accompanying death sentence.
Posted at 09:10 PM by Howard Bashman



"Judge Roberts and the Confirmation Process": This segment (RealPlayer required) featuring Nina Totenberg appeared on NPR's "Weekend Edition - Saturday."
Posted at 05:00 PM by Howard Bashman



"Jurors will decide inmate's intelligence; If the death row prisoner is found to be retarded in York County-Poquoson Circuit Court, his sentence will be reduced to life in prison": The Daily Press of Hampton Roads, Virginia today contains an article that begins, "Prosecutors and defense attorneys in the case of death row defendant Daryl Atkins today will begin selecting a jury that will be asked to determine if Atkins is mentally retarded."

This past Saturday, The Washington Post contained a front page article headlined "A Question of Culpability: Mental Capacity of Convicted Virginia Man Is a Murky Legal Issue."

And The Associated Press reports that "Mentally Retarded Man's Fate With Jury."
Posted at 04:40 PM by Howard Bashman




"U.S. court rules railroad must cover contraception": Reuters provides this report.

Planned Parenthood of Western Washington's Fair Access to Contraception Project has issued a press release entitled "Women Win Nationwide Sex Discrimination Case Against Union Pacific; Railroad's Refusal to Cover Contraception in Worker Health Plans Violates Law."

You can access last Friday's ruling of the U.S. District Court for the District of Nebraska at this link.
Posted at 04:14 PM by Howard Bashman




"Will Dems apply Ginsburg Standard?" Columnist Robert Novak has this op-ed today in The Chicago Sun-Times.

In response, the National Women's Law Center's blog, "NominationWatch.org," has a post titled "Novak on the 'Ginsburg standard' -- let's get the facts right."
Posted at 04:02 PM by Howard Bashman




"Judge lays down own law: No all-white juries; Transcripts reveal controversial stand." This article appears today in The Chicago Tribune.
Posted at 03:58 PM by Howard Bashman



The Associated Press is reporting: Now available online are an article headlined "Roberts' Style: Measured Tones, Analogies" and a related item headlined "Some of John Roberts' Argument Tips."
Posted at 03:54 PM by Howard Bashman



"Dressing for court appearances not a casual affair": This article appeared yesterday in The Benton County (Ark.) Daily Record.
Posted at 03:44 PM by Howard Bashman



"Lady Justice Rises": CBS News legal analyst Andrew Cohen today has an essay that begins, "United States Supreme Court Associate Justice Sandra Day O'Connor refuses to go gently into the night."
Posted at 03:38 PM by Howard Bashman



Canadian cows not mad at the U.S. Court of Appeals for the Ninth Circuit: A unanimous three-judge Ninth Circuit panel today issued its opinion in Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture.
Posted at 01:15 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Roberts Declines to Explain Group Listing" and "Federalist Society Has Close Gov't Ties."
Posted at 12:24 PM by Howard Bashman



"Blawg Review #16": This week's installment is here, hosted by the "Objective Justice" blog.
Posted at 12:12 PM by Howard Bashman



"Bush pick gives Democrats tough choice; Senators were ready to fight, but Roberts has made a good impression with the public": This article appears today in The Houston Chronicle.

The New York Daily News reports today that "Schumer warms to Roberts call."

Yesterday, Newsday contained an article headlined "His conservative roots: Roberts' law career began its ascent under Justice Rehnquist and continued under President Reagan."

And yesterday in The Baltimore Sun, Gail Gibson had an article headlined "Roberts could tilt to right of court; Nominee and Rehnquist have much in common."
Posted at 11:54 AM by Howard Bashman




"Kansas City-based Frosty Treats Inc.'s Safety Clown has taken his trademark battle with a video game's psychotic clown to higher court after getting frozen out of federal District Court in Kansas City." So reported the Kansas City Business Journal one year ago in an article headlined "Frosty Treats appeals dismissal of trademark infringement case." And even earlier, the publication reported that, "Violent video game frosts ice cream company."

Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued an opinion affirming the trial court's ruling in favor of Sony Computer Entertainment America, Inc., which distributes the "Twisted Metal" series of video games.
Posted at 11:45 AM by Howard Bashman




"What Makes Roberts Different": Douglas T. Kendall, founder and executive director of Community Rights Counsel, had this op-ed yesterday in The Washington Post.
Posted at 11:28 AM by Howard Bashman



Is nominee too anti-abortion, or not anti-abortion enough? While many U.S. Senators in recent days have expressed the former concern, at least one U.S Senator -- Sam Brownback (R-KS) -- has expressed the latter concern. On Thursday, The Kansas City Star reported that "Brownback wary of Roberts' record." The issue also surfaced yesterday on the NBC News program "Meet the Press" (transcript here).

In other news from Kansas, The Wichita Eagle reports today that "Nominee may be key vote for state; If John Roberts is confirmed to the U.S. Supreme Court, his vote on Kansas' death penalty law could be crucial." And last Friday, The Wichita Eagle reported that "Nominee's wife aided local anti-abortion group."
Posted at 11:00 AM by Howard Bashman




Available today at National Review Online: Shannen W. Coffin has an essay entitled "John Roberts, in His Own Words: Judging him by how he judges."

And Ned Rice has an essay entitled "Holing Court: A piercing issue."
Posted at 10:55 AM by Howard Bashman




"False Exile: What's really behind the left's worry about John Roberts and the 'Constitution in Exile.'" John Hinderaker has this essay online today at The Weekly Standard.
Posted at 10:52 AM by Howard Bashman



"Supreme Court nominee has opponents guessing": Financial Times contains this article today.
Posted at 10:45 AM by Howard Bashman



"Doctors ask court to uphold limits on lawyer's fees": The Palm Beach Post yesterday contained an article that begins, "A long-simmering feud between doctors and lawyers -- a fight that was supposed to be settled by the passage of a constitutional amendment in the fall -- is roiling again. Unhappy that lawyers have figured out a way to get around voter-approved limits on how much they can collect in medical malpractice cases, the Florida Medical Association is asking the state's high court to deliver what it hopes will be the knockout punch."
Posted at 10:44 AM by Howard Bashman



On this past Friday's broadcast of the PBS program "The NewsHour with Jim Lehrer": The broadcast contained segments entitled "John Roberts' Legal Legacy" (transcript with link to audio, featuring Jan Crawford Greenburg, Jeffrey Rosen, and Shannen Coffin) and "Analysts Assess Supreme Court Pick" (transcript with link to audio).
Posted at 10:28 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "White House Won't Show All Roberts Papers"; "Roberts Vote Fraught With 2008 Politics"; and "Santorum: Mrs. Roberts' Work Not Relevant."
Posted at 10:14 AM by Howard Bashman



"Political Wrap: Judge John Roberts." This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:10 AM by Howard Bashman



Available online from The New Yorker magazine: The magazine's August 1, 2005 issue contains an article by Jeffrey Toobin headlined "Sex and the Supremes: Why the Court's next big battle may be about gay rights."

And Hendrik Hertzberg has a Talk of the Town comment entitled "Roe v. Rove."

Also available online, from the magazine's October 28, 1991 issue, is Louis Menand's Talk of the Town essay about Justice Clarence Thomas's confirmation hearings.
Posted at 09:10 AM by Howard Bashman




"Early On, Roberts Trained His Wit on the High Court": Josh Gerstein has this article today in The New York Sun.
Posted at 08:25 AM by Howard Bashman



"Why John Roberts Will Be a Superb Justice: Like Justice O'Connor At Her Best, He Respects Constitutional Limits." Law Professor Douglas W. Kmiec has this essay today online at FindLaw.
Posted at 07:30 AM by Howard Bashman



"John Roberts' confirmation should be near": U.S. Senator Trent Lott (R-MS) has this op-ed today in The Clarion-Ledger.
Posted at 07:28 AM by Howard Bashman



Available online at OpinionJournal: Law Professor Richard A. Epstein has an essay entitled "Who Will Judge the Inquisitors? John Roberts isn't the only one who should come in for questioning."

And John Fund has an essay entitled "18 Years Is Long Enough: It's time for term limits for Supreme Court justices."
Posted at 07:20 AM by Howard Bashman




Today in The Washington Times: An article reports that "Roberts' 'sensitive' papers withheld."

Suzanne Fields has an op-ed entitled "In the tradition of Justice Holmes."

And Mark Steyn has an op-ed entitled "Hanging a chad on the choice."
Posted at 07:10 AM by Howard Bashman




"Senate's Judiciary Committee key for Roberts": This article appears today in The Pittsburgh Post-Gazette.
Posted at 07:07 AM by Howard Bashman



The Boston Globe is reporting: Today's newspaper contains articles headlined "Clash likely over Roberts documents; White House says it won't release memos" and "Opposition to Roberts slow to muster; Nominee's record isn't generating storm of liberals."
Posted at 07:04 AM by Howard Bashman



"Arlen Specter: 'The smartest lawyer in the Senate'; This veteran senator will be a central figure in the confirmation of the next Supreme Court justice, and he aims to keep the proceedings dignified." This profile appears today in The Chicago Tribune.
Posted at 07:00 AM by Howard Bashman



In today's edition of The Los Angeles Times: Richard A. Serrano, David G. Savage, and Richard B. Schmitt have a lengthy article headlined "Roberts Was Ready at Every Turn; High Court Nominee's Fortunes Called Result of Being Well-Prepared, Focused."

In related news, "White House Will Hold Back Some Papers Nominee Wrote" and "Reality role for a TV D.A.; Fred Thompson is advising Supreme Court nominee John Roberts but plans to perform as usual on 'Law & Order.'"

And Law Professor Jonathan Turley has an op-ed entitled "The faith of John Roberts."
Posted at 06:54 AM by Howard Bashman




"Roberts Listed in Federalist Society '97-98 Directory; Court Nominee Said He Has No Memory of Membership": Charles Lane has this front page article today in The Washington Post.

That newspaper today also contains articles headlined "Unraveling the Twists and Turns of the Path to a Nominee" and "Democrats to Press Roberts on Issues; Strategy Is to Use Confirmation Process to Highlight Differences With Republicans."

And Howard Kurtz's "Media Notes" column today is entitled "The Supreme Challenge: Zero Visuals Times 9."
Posted at 06:45 AM by Howard Bashman



Sunday, July 24, 2005


"Nomination Reopens Debate on Disclosure": This article will appear Monday in The New York Times.
Posted at 10:37 PM by Howard Bashman



"Judge Roberts's Record": Monday's edition of The Washington Post will contain this editorial.
Posted at 10:35 PM by Howard Bashman



"Debate stirs over grilling of Roberts": This article appears today in The Denver Post, along with an article headlined "Tantalized by glimpses of justice."
Posted at 10:00 PM by Howard Bashman



In Monday's issue of The Christian Science Monitor: The newspaper will contain an article headlined "Roberts blends low-key style, high ambition."

And the newspaper will also contain an item headlined "Edward M. Kennedy, Wade Henderson; Downplaying abortion: Why Roberts critics are focusing on the Constitution's commerce clause."
Posted at 07:44 PM by Howard Bashman




"Supreme Court debate finds an outlet on the Internet; Blogs, Web sites and electronic petitions allow public access to a traditionally private political process": This article appears today in The Buffalo News.
Posted at 05:30 PM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Court nominee has long shunned limelight" and "Feinstein could sway Roberts vote; Centrist Democrat a key player on the Senate Judiciary Committee."
Posted at 05:25 PM by Howard Bashman



"It won't take long to see how Roberts will lean if he wins Supreme Court confirmation": Michael McGough has this article today in The Pittsburgh Post-Gazette.
Posted at 05:24 PM by Howard Bashman



Philadelphia Phillies 5, San Diego Padres 1: My son and I were back at the ballpark today to see the Phillies sweep the series against the Padres. Wraps and the box score can be accessed here.
Posted at 05:20 PM by Howard Bashman



"Man Of The Hour: John G. Roberts confounds liberals and reassures conservatives; Wanna fight?" This article will appear in the August 1, 2005 issue of U.S. News & World Report.

And the magazine will also contain an article headlined "The President's Shrewd Surprise."
Posted at 09:24 AM by Howard Bashman




"Judging Roberts: He's conservative, but apolitical; confident, not cocky; Inside a deliberate mind." Evan Thomas and Stuart Taylor Jr. will have this cover story in the August 1, 2005 issue of Newsweek.

And the magazine will also contain an article by Howard Fineman and Debra Rosenberg headlined "Threading the Needle -- The Democrats' dilemma: Fight now, or save their fire for the next round?"
Posted at 09:20 AM by Howard Bashman




"Interest groups gear up for Roberts hearings; Judge takes back seat as lobbies on both sides of political aisle mobilize": This article appears today in The Dallas Morning News, along with an article headlined "Like father, like son? Not on court picks."
Posted at 09:18 AM by Howard Bashman



"John Roberts' rule: Reach for the top; Intellect, discipline, savvy have served nominee since youth." The Chicago Tribune contains this article today.
Posted at 09:15 AM by Howard Bashman



"Politics and justice for all": This article about the U.S. Supreme Court confirmation process appears today in The Washington Times.
Posted at 09:12 AM by Howard Bashman



"John G. Roberts Jr.: Code Words to Confirmation; In the debate about the next Supreme Court justice, both sides are speaking in code. But there's no consensus about what the words actually mean." This article appears today in The St. Petersburg Times.

And columnist Robyn E. Blumner has an op-ed entitled "Roberts' rules put U.S. at risk."
Posted at 08:05 AM by Howard Bashman




In today's edition of The New York Times: In the Week in Review section, Linda Greenhouse has an article headlined "In the Confirmation Dance, the Past but Rarely the Prologue." And Adam Nagourney has an article headlined "Onstage: Judge's Past, Politicians' Future."

Also today, columnist Frank Rich has an op-ed entitled "Eight Days in July."
Posted at 08:00 AM by Howard Bashman




"Few Have Felt Beat of Roberts's Political Heart": This front page article appears today in The Washington Post.

And that newspaper today also contains an article by Charles Lane headlined "Nominee Excelled as an Advocate Before Court; Roberts Is Noted For His Preparation And Persuasiveness."
Posted at 07:54 AM by Howard Bashman



Saturday, July 23, 2005


"Bush Hails Court Pick As Wise and Decent": The Associated Press provides this report on President Bush's radio address delivered today.

And in other news, "Roberts' White House Papers Show Sly Wit."
Posted at 10:44 PM by Howard Bashman




"Secret Passion: Why a bad nominee is good for liberal activists." Michael Crowley has this essay in the August 1, 2005 issue of The New Republic.
Posted at 10:40 PM by Howard Bashman



In the August 1, 2005 issue of The Weekly Standard: Terry Eastland has an essay entitled "Reading Roberts's Mind: He'll certainly be better than O'Connor; But how much better?"

Fred Barnes has an essay entitled "Souter-phobia: Remembrance of nominees past shaped Bush's decision."

And Duncan Currie has an essay entitled "Your Papers, Please: Will the Democrats go fishing for documents to sink Roberts?"
Posted at 09:48 PM by Howard Bashman




"Roberts' Rules Of Order": CBS News legal analyst Andrew Cohen has this essay.
Posted at 09:44 PM by Howard Bashman



"Bringing the Hearings to Order": U.S. Senator Arlen Specter (R-PA), chair of the Senate Judiciary Committee, will have this op-ed Sunday in The New York Times.
Posted at 09:32 PM by Howard Bashman



"Democrats 'defanged' by nominee; Ready to battle over the president's Supreme Court pick, opponents instead find little to criticize": This article appears today in The St. Petersburg Times.
Posted at 09:30 PM by Howard Bashman



Philadelphia Phillies 2; San Diego Padres 0: My wife, son, and I had the pleasure of attending today's baseball game at Citizens Bank Park. Wraps and box score can be accessed via this link.
Posted at 09:22 PM by Howard Bashman



"Expected Battle Over Court Seat Has Yet to Form": This article will appear Sunday in The New York Times.
Posted at 01:20 PM by Howard Bashman



"Inmate sues over human fingertip in frozen meal": The San Francisco Chronicle today contains an article that begins, "A Florida food packager that lists 'convenience at your fingertips' as one of its top qualities has been sued by a California prison inmate who says that he bit into a real human fingertip when he consumed one of the company's vegetarian meals."
Posted at 12:20 PM by Howard Bashman



"Tahoe planner recalls Roberts as 'impressive'; The nominee's win on agency's behalf was one of several before high court": The Sacramento Bee contains this article today.
Posted at 12:18 PM by Howard Bashman



"Liberals wary of Roberts' charm": This article appears today in The Washington Times.
Posted at 12:15 PM by Howard Bashman



"How Would Roberts Impact High Court's Dynamics?" law.com's Tony Mauro provides this report.
Posted at 12:14 PM by Howard Bashman



"B.C. girl wins fight to sell lemonade": The Toronto Globe and Mail provides this news update.

And The Nanaimo Daily News recently reported that "Juice stand back in business."
Posted at 08:50 AM by Howard Bashman




"US court denies Pollard's appeal": The Jerusalem Post today provides a news update that begins, "There appear to be few legal options left for Jonathan Pollard. A US federal appeals court on Friday rejected the former US Navy intelligence analyst's claim that he had inadequate counsel when he was sentenced to life in prison in 1987 for spying for Israel, and denied his request to downgrade his life sentence."
Posted at 08:45 AM by Howard Bashman



"Durbin says Roberts starts with clean slate": This article appears today in The Chicago Tribune.
Posted at 08:44 AM by Howard Bashman



In today's edition of The Los Angeles Times: An article reports that "Opponents of Nominee Taking Populist Tack; Critics of John Roberts Jr. for high court justice are talking economics, not abortion rights."

And Law Professor Cass R. Sunstein has an op-ed entitled "A diversity of minds, not biology."
Posted at 08:40 AM by Howard Bashman




Today and tomorrow in The Washington Post: An article reports that "Nominee Supported by a Majority in Poll; But 64 Percent Want Judge to State His Views on Key Issues Such as Abortion."

An article is headlined "A Late Twist in the Tobacco Case; Judge to Let Groups Seek Tougher Penalty if Companies Lose."

Columnist Colbert I. King has an op-ed entitled "Democrats Are on the Wrong Battlefield" that begins, "If John Roberts is confirmed as a Supreme Court justice, as now seems likely -- barring a shocker in his record or his past -- the reasons he made it won't be solely his resume or the support of President Bush."

And in tomorrow's newspaper, columnist David S. Broder will have an op-ed entitled "Judge Roberts's Sheltered World."
Posted at 08:30 AM by Howard Bashman




"Roberts's 'affable' side touted; Colleagues cite a contrast with judge's staid image": The Boston Globe today contains an article that begins:
Located in a remote fishing village in Alaska, Rosie's is a smoky bar where the customers are fishermen, the ceiling is carved with the initials of regulars, and the proprietor is apt to serve a crude joke with your beer.

But that's where John G. Roberts Jr. stopped three summers ago with a number of colleagues while touring Alaska's southeastern coastline for a boundary dispute case pending before the nation's highest court.

Some of the lawyers blanched at the antics inside Rosie's -- including the tradition of pulling down customers' pants as they stood on the bar to pin dollar bills on the ceiling -- but not Roberts, recalled Joanne Grace, an assistant Alaska attorney general in the group that night in Pelican, Alaska. Roberts even got up to play a game of pool with a tipsy regular.

You can access the complete article at this link.
Posted at 08:25 AM by Howard Bashman



In today's edition of The New York Times: An article reports that "Anti-Abortion Advocacy of Wife of Court Nominee Draws Interest."

In related coverage, "Democrats Prepare Ground to Challenge Judge Roberts."

Adam Liptak has an article headlined "On the Job, and Dissenting."

And in other news, "A Glimpse Inside U.S. Tax Court and How It Made a Decision."
Posted at 08:22 AM by Howard Bashman




"Court: Sell Unabomber Writings to Aid Victims." This segment (RealPlayer required) appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 08:12 AM by Howard Bashman



The Knight Ridder Newspapers are reporting: Stephen Henderson reports that "Roberts' record suggests belief in restrained judicial conduct."

And in other coverage, "Democrats and GOP at odds on what to ask, how to judge Roberts" and "Roberts shaped by small town in Indiana."
Posted at 08:10 AM by Howard Bashman



Friday, July 22, 2005


"Roberts reminds Democrats of 2004 outcome; A legislative legacy at stake": Tom Curry, national affairs writer for MSNBC, provides this news analysis.
Posted at 08:25 PM by Howard Bashman



"Poll: Most Americans Say Roberts Should Be Confirmed; Public Wants Nominee to State Views on Abortion Before Vote." The Washington Post provides this news update.

The Philadelphia Inquirer reports today that "A sparse record hints at strict interpretation."

Newsday yesterday contained an article headlined "A coincidence or a conflict?" that begins, "Last Friday, on the day he met with President George W. Bush at the White House to seek elevation to the Supreme Court, Judge John Roberts also lent Bush some support from the bench - his vote in a key war-on-terror decision." Today, the newspaper contains an op-ed by Anita F. Hill entitled "Nomination a step back for diversity; If Supreme Court selection process stays narrow and elite, more diverse candidates will never be considered" and an op-ed by columnist James Klurfeld entitled "High court just a mirror of the nation's politics."

In The Philadelphia Daily News, columnist Jill Porter has an op-ed entitled "For Roberts, 'so far, so good'; He might revive dying breed: Feminists."

And via Orin Kerr at "The Volokh Conspiracy," you can access here a transcript of John G. Roberts, Jr.'s remarks made in July 1997 while participating in a PBS "NewsHour" retrospective on the October 1996 Term of the U.S. Supreme Court.
Posted at 05:58 PM by Howard Bashman




"Supreme Court: Nomination Process." Law Professor Viet Dinh, who knows about this subject from the time he spent as Assistant Attorney General in the George W. Bush adminstration, took part in this online chat (link to transcript) today at washingtonpost.com.
Posted at 05:44 PM by Howard Bashman



The wire services are reporting: Gina Holland of The Associated Press reports that "Judge Roberts Deferential to Authorities." The AP also offers an article headlined "Group: Roberts' Views on Media Unclear" reporting on a study that The Reporters Committee for Freedom of the Press has prepared.

Meanwhile, Reuters reports that "Key Democrat upbeat over US high-court choice."
Posted at 05:20 PM by Howard Bashman




eBay auction has begun of "Justice Sandra Day O'Connor Bobblehead Doll Green Bag": The proprietor of L-Cubed has posted this eBay listing, which also proclaims "Visit my blog!"
Posted at 05:15 PM by Howard Bashman



John G. Roberts, Jr. nominated to fill "Roberts" seat on the U.S. Supreme Court: The seat on the Court that Judge Roberts has been nominated to hold was previously held by Justice Owen J. Roberts.
Posted at 03:30 PM by Howard Bashman



Charts and graphs: This AP chart shows that Chief Justice William H. Rehnquist served as a judge for thirteen years before joining the Supreme Court of the United States. In actuality, those thirteen years (which in fact should be nearly fifteen) were served as Associate Justice on the Supreme Court, before he became Chief Justice.
Posted at 03:25 PM by Howard Bashman



Available online at Salon.com: Law Professor Dawn Johnsen has an essay entitled "Would Roberts respect privacy? Don't be fooled: There's more than one way for Bush's high court nominee to undermine reproductive rights."

Farhad Manjoo has an essay entitled "Not another white man! Bush's Roberts pick leaves the high court -- which symbolically represents an entire branch of the federal government -- with only one woman and one racial minority; That's absurd and wrong."

And Rebecca Traister has an article headlined "'We've got to Bork Roberts!'; Protesters sweat it out in the sweltering Manhattan heat to take their first stand against Bush's Supreme Court nominee."
Posted at 02:40 PM by Howard Bashman




"It Takes an Establishment: At some point the radicals need assistance, support, and reinforcement from establishment conservatives--like John Roberts." William Kristol will have this essay in the August 1, 2005 issue of The Weekly Standard.
Posted at 02:33 PM by Howard Bashman



"As Bad as We Want Him to Be? John Roberts' detractors make him seem like a good choice for the Supreme Court." Jacob Sullum has this essay today online at Reason.
Posted at 02:30 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland has an updated report headlined "Roberts Wins Another Endorsement From GOP."

And in somewhat related news, "Roberts Dissents From Gun Search Ruling."
Posted at 02:10 PM by Howard Bashman




"Judge Roberts and the 1982 Voting Rights Act Memos: Why I Now Expect They Will Be Produced." Law Professor Rick Hasen has this post today at his "Election Law" blog.
Posted at 02:08 PM by Howard Bashman



"Convicted Spy Pollard Loses Appeal": The Associated Press provides this report.

And Reuters reports that "US court rejects Israeli spy Pollard's appeal."
Posted at 12:14 PM by Howard Bashman




View online Justice Sandra Day O'Connor's speaking appearance yesterday at the Ninth Circuit Judicial Conference: Thanks to C-SPAN, you can view the speech online by clicking here (RealPlayer required). Justice O'Connor's appearance starts out hilariously thanks to the moderator's introduction, which includes reference to the John Riggins episode.
Posted at 11:00 AM by Howard Bashman



"Looking at Roberts' Record Before the Court": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 10:45 AM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Roberts to Meet With More Senators."

And in other news, "Justice O'Connor Speaks About Legacies."
Posted at 10:40 AM by Howard Bashman




"I wholeheartedly subscribe to the sentiments expressed in the concurring opinion about the Fourth Amendment's place among our most prized freedoms." So writes U.S. Supreme Court nominee John G. Roberts, Jr. in an opinion dissenting from the D.C. Circuit's decision issued today in a criminal case.
Posted at 10:33 AM by Howard Bashman



D.C. Circuit rejects Jonathan J. Pollard's second federal habeas corpus motion collaterally attacking his 1987 life sentence on ineffective-assistance-of-counsel grounds: You can access today's ruling at this link. Today's decision also rejects Pollard's appeal from the district court's denial of his petition for access to classified documents in his sentencing file for the purpose of filing a clemency petition with the President of the United States.
Posted at 10:30 AM by Howard Bashman



"Roberts' Mom: Faith Was Part of Family." The Associated Press provides this report.

And yesterday, The South Bend Tribune contained an article headlined "Roberts 'was destined for great things'; Media descend on Supreme Court nominee's LaPorte school, old home."
Posted at 10:25 AM by Howard Bashman




The Sacramento Bee is reporting: Claire Cooper, legal affairs writer for the newspaper, reports today that "High court's O'Connor recalls hurdles she faced."

And in other news, "U.S. can't keep Unabomber property, court says; Government ordered to draft 'reasonable plan' that would help victims."
Posted at 10:15 AM by Howard Bashman




"Judges back Jefferson desegregation plan; School dispute likely headed to high court": The Louisville Courier-Journal today contains an article that begins, "Jefferson County Public Schools' racial desegregation plan has survived another legal challenge -- and appears headed to the U.S. Supreme Court."

You can access yesterday's per curiam opinion of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 09:55 AM by Howard Bashman




Available today at National Review Online: Edward Whelan has an essay entitled "Abortion & Justice: Let’s hope John Roberts is a genuine moderate."

Rich Lowry has an essay entitled "Flailing & Flummoxed: It's cooperation or desperation for the Left on Roberts."

And Anthony Paletta has an essay entitled "The Wisdom of Solomon? The right to bear armies."
Posted at 09:15 AM by Howard Bashman




"Retiring justice worries about loss of states' rights": This article appears today in The Seattle Times.
Posted at 08:45 AM by Howard Bashman



Available online from The New Republic: The magazine's August 1, 2005 issue will contain an essay by Law Professor Jeffrey Rosen entitled "Bottoms Up: John Roberts is a conservative, not an ideologue."

The August 1st issue will also contain an essay by Law Professor Cass R. Sunstein entitled "Minimal Appeal: John Roberts is a respected intellectual who eschews fundamental questions of law."

And the July 25, 2005 issue of the magazine contains an essay by Michael Crowley entitled "Miranda Rights: How the once-disgraced conservative judicial activist Manuel Miranda is getting back on his feet."
Posted at 08:30 AM by Howard Bashman




"U.S. court wants Unabomber's journals to be sold; Proceeds from sale would be used to pay his victims": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:38 AM by Howard Bashman



"Product is judge; market is America; White House script for John Roberts Jr. handled judiciously": This article appears today in The Chicago Tribune.
Posted at 07:35 AM by Howard Bashman



In today's issue of The Washington Times: An article reports that "Democrats demand legal papers."

In related coverage, "Big push for judge surprises liberals" and "Sen. Byrd praises Bush on nominee."

And an editorial is entitled "Schumer's chutzpah."
Posted at 07:30 AM by Howard Bashman




"Memo at Reagan Library Sheds Light on Roberts's Civil Rights Views": Josh Gerstein has this article today in The New York Sun.
Posted at 07:28 AM by Howard Bashman



In today's edition of The Boston Globe: Charlie Savage reports that "Civil rights groups cite concerns over Roberts; Question record on voting, busing."

In related coverage, "Wife's role in women's group now in focus" and "Nominee stresses 'modesty,' 'stability'; Remarks ease conservatives' 'activist' fears."

And columnist Scot Lehigh has an op-ed entitled "A principled conservative."
Posted at 07:25 AM by Howard Bashman




The Los Angeles Times is reporting: Today's newspaper reports that "Roberts Unlikely to Trigger Break of Filibuster Pact; Centrist senators say the nominee does not seem 'extraordinary' enough for Democrats to block."

In related coverage, "A Resume Strong on Business; John G. Roberts Jr., who had a lucrative private practice, was the 'go-to lawyer' for the corporate world, a supporter says"; "Hot-Button Issues Will Be on Court's Front Burner; The new justice will have to take stands on the death penalty, abortion and more from the start"; and "Activists Lack Allies in Battling Court Pick."

In other news, "Unabomber's Papers May Go Up for Sale; Appeals court orders a detailed plan, saying the proceeds of auctioning Kaczynski's writings would begin restitution to his bombing victims."

And Jonathan Chait has an op-ed entitled "The (over)exercise of power" that begins, "A week ago, when President Bush met with Judge J. Harvie Wilkinson III to interview him for a potential Supreme Court nomination, the conversation turned to exercise."
Posted at 07:15 AM by Howard Bashman




In today's issue of The Washington Post: In addition to the article noted two posts below this one, today's newspaper reports that "Hearings' Topic A May Be a Surprise; Democrats Raise Commerce Issue."

In related coverage, "Nominee's Wife Is A Feminist After Her Own Heart" and "An Image A Little Too Carefully Coordinated."

An article reports that "O'Connor Bemoans Hill Rancor at Judges."

Columnist Charles Krauthammer has an op-ed entitled "Roberts's Blank Slate."

And Law Professor William P. LaPiana has an op-ed entitled "A Narrow Path To the Court."
Posted at 07:05 AM by Howard Bashman




In today's edition of The New York Times: Adam Liptak reports that "In His Opinions, Nominee Favors Judicial Caution."

In related coverage, "Making His Rounds, Nominee Is Pressed to Become More Forthcoming This Time" and "A Year of Work to Sell Roberts to Conservatives."

An article reports that "O'Connor Sees Strains Between the Judiciary and Some in Congress."

And in other news, "Court Orders Plan for Papers of Unabomber."
Posted at 07:00 AM by Howard Bashman




To access some of U.S. Supreme Court nominee John G. Roberts, Jr.'s "confidential" government memos, apparently all one needs to do is visit the Ronald W. Reagan Presidential Library: The Washington Post today contains a fascinating front page article headlined "The Nominee As a Young Pragmatist; Under Reagan, Roberts Tackled Tough Issues."

Update: The Washington Post has made available examples of such one-time "confidential" memos here, here, and here.
Posted at 12:10 AM by Howard Bashman



Thursday, July 21, 2005


"Gonzales Foresees Hispanic on High Court": The Associated Press provides this report.
Posted at 11:55 PM by Howard Bashman



"The sudden death of Romney's dream: What once seemed like a clever ploy has become a political and policy disaster for the governor." This week's issue of The Boston Phoenix contains an article that begins, "It seemed like a good idea at the time. When Mitt Romney first announced his desire for a 'gold standard' death penalty almost two years ago, it looked like a reasonable bet -- both as politics and as policy."
Posted at 10:55 PM by Howard Bashman



Today in The Sacramento Bee: The newspaper contains articles headlined "Forces line up for, against court nominee" and "Cattle decision delayed."
Posted at 10:45 PM by Howard Bashman



Available online from law.com: Jeff Chorney reports that "9th Circuit Orders Unabomber Papers Sold for Restitution."

Tony Mauro has an article headlined "Transitioning O'Connor's Clerks."

In related news, "Recalling John Roberts From His Harvard Days."

And in news from Florida, "Judge Steps Aside After Litigant Hires Employer of Jurist's Wife; Action constitutes sixth recusal by a judge in a case that has dragged on for nearly 10 years" and "Blogs Make for Nasty Times in Workplace; Ugly spat over editors' comments on Internet highlight peril companies face with employee Web logs."
Posted at 10:42 PM by Howard Bashman




"John Roberts: Young, Fit, and Not Bald; Men's Style Experts Say Nominee has Collegiate Panache": This article appears today in The New York Sun. Inexplicably, the article fails to mention that the nominee was recently judged the #5 Male Superhottie of the Federal Judiciary.
Posted at 10:01 PM by Howard Bashman



The federal government's Brief for Petitioners filed in the U.S. Supreme Court in the Solomon Amendment case can now be accessed online: "SCOTUSblog" has posted the brief online here. I read the brief in typescript form when my copy arrived at my office in yesterday's mail, and I found the federal government's arguments to be very strong. As I noted here last week, I'll be debating the case in support of the federal government's position, against the law professor who is FAIR's founder and president, this November at the University of Chicago Law School at an event hosted by that school's American Constitution Society chapter.
Posted at 08:55 PM by Howard Bashman



The Hartford Courant is reporting: In today's newspaper, Lynne Tuohy has an article headlined "'Legislating From The Bench': Bush Phrase Gets Judged." And in related coverage, "State's Senators Key."
Posted at 08:50 PM by Howard Bashman



"Filibuster on Supreme Court Nominee Appears Unlikely": The New York Times provides this news update.

The Washington Post provides a news update headlined "Key Lawmakers Say They See No Need for Filibuster."

And The Los Angeles Times provides a news update headlined "Filibuster Over Roberts Is Unlikely."
Posted at 08:44 PM by Howard Bashman




The Knight Ridder Newspapers are reporting: Shannon McCaffrey reports that "Abortion looms as key issue in Roberts' confirmation battle."

And Stephen Henderson reports that "Roberts built arguments on all sides of the political spectrum."
Posted at 08:40 PM by Howard Bashman




Public radio programming available online: This evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Picking a Political Winner for the Supreme Court."

Yesterday's broadcast of "Here and Now" contained segments entitled "Supreme Court Nomination" (featuring Lyle Denniston); "Senator Kennedy Responds to Bush's Nomination"; and "Confirmation History."

Yesterday's broadcast of "The Connection" contained a segment entitled "And the Nominee Is...."

Yesterday's broadcast of "On Point" contained a segment entitled "Justice Roberts?" And Tuesday's broadcast included a segment consisting of President Bush's announcement of the nominee and a discussion of the nomination with various commentators and law professors.

Finally, Law Professor Ann Althouse discussed the nomination this morning on Wisconsin Public Radio (click here to listen).

RealPlayer is required to launch these audio segments.
Posted at 08:30 PM by Howard Bashman




Recently on the PBS program "The NewsHour with Jim Lehrer": This past Tuesday's broadcast contained segments entitled "Supreme Court Pick" and "Padilla Case" (transcripts with links to audio and video).

Yesterday's broadcast contained segments entitled "Supreme Court Choice"; "President Bush's Selection"; "Newsmaker: Andrew Card"; and "Newsmaker: Sen. Charles Schumer" (transcripts with links to audio and video).

And from this evening's broadcast, you can access by clicking here (RealAudio required) the audio from a segment entitled "Supreme Court Nominee Visits Capitol Hill."
Posted at 08:10 PM by Howard Bashman




"A six-pronged strategy for defeating Roberts; It will be friends of 'the hapless toad' versus Bush's high court nominee": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 06:10 PM by Howard Bashman



In Friday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "Clues on how Roberts might act on high court: His record while at a federal appeals court, though sparse, shows a resistance to limits on presidential power."

And Gail Russell Chaddock will have an article headlined "Ideology's high profile in hearings; It's figured before, but not always overtly."
Posted at 06:00 PM by Howard Bashman




"Court overturns Texas death sentence over juror's gun": Reuters provides this report. And The San Antonio Express-News reports that "Court tosses '97 death sentence." I first noted yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit in a post you can access here.
Posted at 05:55 PM by Howard Bashman



"Man testifies he blacked out when his penis was severed; Woman's assault trial begins with testimony from injured ex-lover": Although I'll be making a blog-related trip to Houston next Tuesday and Wednesday, I don't plan on providing in-person coverage of this matter.
Posted at 05:54 PM by Howard Bashman



"NWI in judicial spotlight — Candidate's ties to area run deep": The Post-Tribune of Merrillville, Indiana today contains an article that begins:
The press room at the Bush White House wasn't the only place abuzz with speculation over Supreme Court nominee John G. Roberts Jr.

Local reaction poured out in Northwest Indiana almost immediately after President Bush, in a news conference with Roberts, announced his nominee had worked in a steel mill in Indiana.

The former Long Beach resident grew up near Michigan City in LaPorte County, and his father managed the Bethlehem Steel plant in Burns Harbor. His selection brought national attention to the area, as even Time magazine sent reporters to Roberts' old high school.

Valparaiso is home to many Roberts supporters, including his sister and a high school acquaintance who now works downtown as a pharmacist at Gil's Drugs.

Jesse J. Holland of The Associated Press reports that "Roberts Likely Won't Face Filibuster." The AP also offers items headlined "Roberts Nomination Revs Up Senate's Pace"; "Poll: Roberts' Abortion Stance of Interest"; and "Results of AP-Ipsos Poll on John Roberts." More information from the poll can be accessed here (PDF).

The Buffalo News reports today that "Roberts nomination draws praise; John G. Roberts Jr.'s stellar legal record and stealth political views are seen as assets by legal experts."

Newsday today contains articles headlined "Let the bench jockeying begin; One day after the nomination of Roberts, pro and con marshal forces, with history in the balance"; "The confirmation clash; Special interest groups plot varying strategies in getting their message out, for or against judicial pick"; and "Hometown had faith in his success."

Also in Newsday today, Law Professor Jack M. Balkin has an op-ed entitled "A nominee after Bush's own heart." Jim Copland has an op-ed entitled "Supreme Court's new glue? John Roberts has the potential to be the next Rehnquist, pulling together a divided group of justices." Columnist Sheryl McCarthy has an essay entitled "Knee-jerk reactions, left and right." And columnist James P. Pinkerton has an essay entitled "New Media add fuel to nominee fight."

The San Antonio Express-News reports that "Hispanics aren't pleased with Bush's action."

Online at the First Amendment Center, David L. Hudson Jr. has an essay entitled "High court nominee well-versed in First Amendment."

Red Herring offers an item headlined "Court Pick Deferred to FCC; Supreme Court nominee John Roberts has a record of deferring to the U.S. Federal Communications Commission."

Slate is hosting a breakfast table discussion titled "Roberts Reviewed."

Today's broadcast of NPR's "Day to Day" contained a segment (RealPlayer required) entitled "Judge Roberts and the Abortion Debate."

America First Party has issued a press release titled "Property Rights: Bush Breaks Promise to Nominate a Thomas or Scalia."

And Law Professor Brian Leiter has a post titled "The Nomination of Judge Roberts to the U.S. Supreme Court" in which he concludes, "He should not be confirmed because * * * one should not vote to confirm someone whose moral and political views are, on many of these issues, likely to be depraved and repellent."
Posted at 05:25 PM by Howard Bashman




"O'Connor worried over future of federal judiciary": The Spokesman-Review of Spokane, Washington provides this news update. The Associated Press reports that "O'Connor Saddened by Attacks on Judiciary." And Reuters reports that "Independence of U.S. judiciary a concern-O'Connor."
Posted at 05:14 PM by Howard Bashman



Coming soon to eBay -- an auction of the Unabomber's stuff: David Kravets of The Associated Press reports that "Court Orders Sale of Unabomber Writings." And Reuters reports that "U.S. court backs sale of Unabomber's property, papers." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:05 PM by Howard Bashman



"History Lesson; In Re Judge Roberts: Question Of 'Originalism' Looms Large; His Record Shows Affinity To Scalia's Strict Doctrine But Also More Flexibility; Law-and-Order Conservative." Jess Bravin has this front page article (pass-through link) today in The Wall Street Journal.
Posted at 04:55 PM by Howard Bashman



"Big Supreme Court struggle lies ahead": Pulitzer Prize-winning historian David Garrow has this op-ed today in Financial Times.
Posted at 04:54 PM by Howard Bashman



Los Angeles Dodgers 1, Philadelphia Phillies 0: At least the game was mercifully short and the seats were great. Wraps and box score available here.
Posted at 04:49 PM by Howard Bashman



Programming note: This afternoon, I'll be attending a meeting in South Philadelphia with visitors from Los Angeles. More later.
Posted at 11:18 AM by Howard Bashman



Eighth Circuit affirms grant of summary judgment rejecting defamation claim against publisher of air charter safety ratings: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:15 AM by Howard Bashman



"He's No Souter: Many liberals are heartened by the possibility of Justice Roberts; They shouldn't be." Michael C. Dorf has this essay online at The American Prospect.
Posted at 10:15 AM by Howard Bashman



"The Presidents' Man: Why John Roberts' service in the White House Counsel's office matters." Hugh Hewitt has this essay today online at The Weekly Standard.
Posted at 10:14 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Roberts Nomination: A Look Inside the Process"; "How Judge Clement Came into the Media Glare"; and "Roberts' Brand of Judicial Conservatism" (featuring Law Professor Jeffrey Rosen). RealPlayer is required to launch these audio segments.
Posted at 09:54 AM by Howard Bashman



"Court leaks can't be tolerated": This editorial appears today in The St. Petersburg Times.
Posted at 09:15 AM by Howard Bashman



"Roberts has avoided tipping his hand; In 2003, he fended off Senate questions about his views on divisive issues": Gail Gibson has this article today in The Baltimore Sun. The newspaper also contains articles headlined "Modest, measured, a Washington oddity"; "Democrats, GOP begin dance over nominee; Hearings likely to begin early Sept., Specter says"; "Bush opens drive to raise Roberts' profile; President praises, sticks close to his nominee for Supreme Court seat"; and "Critics lament loss of woman's perspective; Some question wisdom of putting another white male on high court."

In The Chicago Tribune today, Jan Crawford Greenburg reports that "Democrats want internal memos on hot-button issues." And in other coverage, "Town gushes over 'smartest guy in class'"; "Judge meets his jury on Capitol Hill"; and "Nomination vexes liberals, women; Loss of 2nd female voice is seen as cause for concern."

The Boston Globe reports that "All eyes are on nominee; Democrats vow to learn court pick's abortion views." Charlie Savage reports that "Environmental groups study Roberts's rulings with concern." In other coverage, "To many, he is a quiet conservative; Nominee's friends laud brilliant mind and humility." An editorial is entitled "Questions for a judge." Columnist Joan Vennochi has an op-ed entitled "A smart choice by Bush." And Law Professor Martha Minow has an op-ed entitled "High stakes for legal issues."

The San Francisco Chronicle reports that "Senate likely to OK Roberts." And Bob Egelko reports that "Roberts' resume runs political gamut."

The Pittsburgh Post-Gazette contains articles headlined "Court fight shaping up; Skirmishing over how to question Roberts"; "Activists mobilize, but will they matter?"; and "A handful protest Bush's court choice; Small group gathers at Federal Building, Downtown."

The Houston Chronicle reports that "Bush's low-key choice dodges fireworks so far; Lawmakers take in the nomination, promising to mine Roberts' record on the pivotal issues."

In The Dallas Morning News, Allen Pusey reports that "Roberts' legal decisions show conservative colors, bit of flair." And in other coverage, "Roberts gearing up to defend his record in Senate hearings; Democrats question his stance on abortion; backers urge fairness" and "Selection doesn't serve diversity, groups complain; Some women, minorities hope Bush will reach out with next vacancy."

The St. Petersburg Times reports that "Odd cases reflect on nominee's philosophy; Is Supreme Court nominee John G. Roberts Jr. a tough upholder of blind justice or an eminently balanced judge?" and "For nominee, a day to meet, greet; Senators welcome John G. Roberts Jr. on his first full day in the political limelight as interest groups gear up for a fight." And an editorial is entitled "Judging John Roberts: During the confirmation process, the Senate should embrace its 'advice and consent' role and focus on the Supreme Court nominee's views on federalism."

In The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "On the Hill: Don't look for a Borking." In other coverage, "Area senators optimistic and cautious"; "Business leaders support nominee; Judge Roberts' judicial and corporate experience drew praise; CEOs said he understood the business world": and "Specter pledges 'full, fair' hearings; Optimistic that there will not be a filibuster, he said he would allow a wide range of questions." An editorial is entitled "Supreme Court Nomination: Take your time, senators." Law Professor Neil S. Siegel has an op-ed entitled "Rigorous questions would be only fair." And Law Professor Marci Hamilton has an op-ed entitled "Independent voice vs. an insider's view."

And The Times-Picayune reports that "Activists marshal money, manpower in court fight; La. represented on both sides of debate."
Posted at 08:50 AM by Howard Bashman




"Same-sex marriage becomes law of the land; Royal assent on controversial legislation caps raucous parliamentary session": This article appears today in The Toronto Globe and Mail.
Posted at 08:44 AM by Howard Bashman



"Court Nominee's Life Is Rooted in Faith and Respect for Law": This lengthy profile appears today in The New York Times. The newspaper also contains articles headlined:Columnist David Brooks has an op-ed entitled "A Competent Conservative." And Law Professor Jeffrey Rosen has an op-ed entitled "In Search of John Roberts."

Today in The Washington Post, Charles Lane has a front page article headlined "Short Record as Judge Is Under a Microscope." The newspaper also contains articles headlined:

The newspaper also contains an editorial entitled "Stakes for the Court." Columnist E.J. Dionne Jr. has an op-ed entitled "A Right Turn With a Smile." Columnist Richard Cohen has an op-ed entitled "Chad Tidings." Law Professor John Yoo has an op-ed entitled "High Court Peace Offering." And columnist Marc Fisher has an essay entitled "Judicial Analysis Made Easy."

The Los Angeles Times contains articles headlined "Democrats Forgo Discord on Court Pick, at Least for Now"; "Wife of Nominee Holds Strong Antiabortion Views"; "Tiny, Insular Town Was Home; John G. Roberts Jr. spent his teen years in Long Beach, Ind., popular with Bethlehem Steel executives like his father"; and "Confirmation Path May Run Through Florida; Roberts' low-profile role as an advisor to Republicans during the 2000 presidential recount fight is likely to be closely scrutinized." In addition, Law Professor Richard Schragger has an op-ed entitled "At risk: Roe, rights and religion."

The Washington Times today contains articles headlined "Nominee no stranger to Supreme Court"; "Senate GOP rallies for Roberts"; and "Conservatives prepared to spend on court fight." An editorial is entitled "The Roberts nomination." And Thomas Sowell has an op-ed entitled "Calculated confusion."

The Miami Herald contains an article headlined "Roberts gave GOP advice in 2000 recount; John G. Roberts, President Bush's nominee to the U.S. Supreme Court, played a role in the chaotic, 36-day period following the disputed 2000 presidential election."

The Indianapolis Star contains articles headlined "Indiana roots, with a twist; 'He was born a star, I guess' recalls Roberts' teacher" and "Colleagues recall 'a regular Midwest guy.'"

In The New York Sun, Josh Gerstein reports that "Judge Roberts Begins the Rounds of the Senate." The newspaper also contains an editorial entitled "A Long-Standing Norm."

USA Today contains front page articles headlined "Next question on nominee: What does he really think? It's hard to tell if views he expressed as a litigator or as a circuit judge reflect his own, or if he was just bound by precedents and clients' interests" and "'Very good start' for Roberts Poll: 76% need more details about his views." In other coverage, "Advocates still hope for female or Hispanic pick"; "Friends tell of a modest but highly motivated man; Born in Buffalo and raised in Indiana, Roberts rose to the top in Washington"; and "Senators keep quiet on nominee; activists don't." And Mario M. Cuomo has an op-ed entitled "Keep wall between judiciary and politics: The Founders wanted separation; Any effort to bridge that divide should be enough to wake up a quiet populace."

Finally for now, The Wall Street Journal today contains an editorial entitled "Roberts Rules: Moving the Supreme Court back toward the center."
Posted at 07:00 AM by Howard Bashman




"The John Roberts Supreme Court Nomination: If Democrats Fight His Confirmation, They'll Be Very Unlikely to Win." FindLaw commentator Edward Lazarus has this essay today.

And yesterday, FindLaw columnist Michael C. Dorf had an essay entitled "'The Nation's Second-Highest Court' Upholds Military Commissions."
Posted at 06:45 AM by Howard Bashman




Available online from National Public Radio: Yesterday evening's broadcast of "All Things Considered," in addition to containing the segments previously mentioned here, also contained segments entitled "Roberts' Legal Record, Public and Private" (featuring Nina Totenberg); "Senators Weigh Roberts' Record"; and "Calculating Roberts' Chances."

And yesterday's broadcast of "Talk of the Nation" contained a segment entitled "Who Is John Roberts?"
Posted at 06:30 AM by Howard Bashman



Wednesday, July 20, 2005


"Some thoughts on John Roberts": Law Professor Brad Joondeph has this interesting post at Think Progress's "Supreme Court Extra" blog about his former summer associate mentor at the Hogan & Hartson law firm.
Posted at 09:00 PM by Howard Bashman



"U.S. a Battlefield, Solicitor General Tells Judges; Case of Man Held 3 Years Without Trial Focuses Attention on Administration's Anti-Terror Policies": The Washington Post today contains an article that begins, "A top government attorney declared Tuesday that, in the war on terror, the United States is a battlefield, and therefore President Bush has the authority to detain enemy combatants indefinitely in this country."

The Richmond Times-Dispatch reports today that "'Dirty bomb' case in court; Lawyers argue here over detention of man as enemy combatant."

And in The New York Sun, Josh Gerstein reports that "Judges Weigh Detention of Suspected U.S. Al Qaeda Member; Appeals Panel Considers Case of Padilla, Who Has Not Been Charged."
Posted at 08:55 PM by Howard Bashman




"Nominee's Son Shows Family's Playful Side": The Associated Press provides this report. And see my related post from earlier today.
Posted at 08:40 PM by Howard Bashman



"Bush's Supreme Court Choice Is a Judge Anchored in Modern Law": Linda Greenhouse has this news analysis today in The New York Times. Adam Liptak has an article headlined "A Career Largely on One Side of the Bench and Involving a Wide Variety of Issues." In related coverage, "Groups Gird for the Battle Over What Can Be Asked." And this upcoming Sunday's Magazine section will contain an essay by Law Professor Jeffrey Rosen entitled "Supreme Modesty."

The Washington Post today contains an article headlined "At the Capitol, Democrats Wait To Fill in the Blank." And Howard Kurtz's "Media Notes" column today is headlined "Edith Someone, Michael and John: A Media Name Game; Divining Bush's Nominee Became a Supreme Struggle."

The Los Angeles Times provides a news update headlined "Senate Democrats Withhold Judgment on Roberts."

Stephen Henderson of Knight Ridder Newspapers reports that "Roberts is well liked, but his judicial record isn't clear." Also available are articles headlined "Roberts meets with Senate leaders" and "Bush's nominee for Supreme Court will likely set off a fight."
Posted at 08:20 PM by Howard Bashman




"Court-nominee Roberts makes rounds in Congress": Thomas Ferraro of Reuters provides this report.

And via the Courting Influence web site, you can access online here Judge John G. Roberts, Jr.'s financial disclosure report for 2003 and here Roberts's answers to the Senate Judiciary Committee's questionnaire in connection with his D.C. Circuit nomination.
Posted at 06:00 PM by Howard Bashman




"The Right Stuff: John Roberts should be a quick confirm." Ted Cruz, the Solicitor General of Texas, has this essay at National Review Online.
Posted at 05:55 PM by Howard Bashman



Agnostic uncertain whether existence of courthouse Ten Commandments plaque will cause him to initiate suit in federal court: This article appeared yesterday in The Express-Times of Easton, Pennsylvania.
Posted at 05:30 PM by Howard Bashman



In news from Mississippi: The Clarion-Ledger provides a news update headlined "Judge dismisses extortion charge in Diaz trial" that begins, "A federal judge today threw out one count of extortion against state Supreme Court Justice Oliver Diaz Jr., saying the government's reasoning for including it in the indictment was 'simply too tenuous.'"

And The Biloxi Sun Herald provides a news update headlined "Judge dismisses charge against Diaz."
Posted at 05:28 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "High Court Nominee Roberts Visits Capitol Hill"; "Partisans Gear Up for Confirmation"; and "John Roberts: A Roommate's View."

And today's broadcast of "Day to Day" contained segments entitled "Slate's Jurisprudence: What's Ahead for Roberts" (featuring Emily Bazelon); "Advocacy Groups React to Roberts High Court Nod"; and "Hawaiians Seek Same Rights as American Indians."

RealPlayer is required to launch these audio segments.
Posted at 05:20 PM by Howard Bashman




"Recall drive against judge is called off; Organizers were unable to get enough signatures opposing a jurist who upheld partners law": The Sacramento Bee today contains an article that begins, "The recall drive to unseat Sacramento Superior Court Judge Loren E. McMaster for upholding a same-sex domestic partners law was abandoned Tuesday because not enough signatures were gathered."
Posted at 05:14 PM by Howard Bashman



"Preliminary Report on the Nomination of D.C. Circuit Judge John G. Roberts to the United States Supreme Court": The Alliance for Justice has issued this preliminary report.
Posted at 04:15 PM by Howard Bashman



Gun-toting juror causes Fifth Circuit to set aside Texas death sentence on habeas review: It wasn't that the juror was so pro-death that he was hoping to impose the sentence himself. Rather, the juror was arrested for unlawful possession of a gun while the penalty phase of the capital trial was underway and faced being prosecuted by the same office that was prosecuting the death penalty case. You can access today's "implied bias" ruling at this link.
Posted at 04:08 PM by Howard Bashman



"Five Questions For Roberts": Online at National Journal, Stuart Taylor Jr. has this essay.

Not to be outdone, Matt Welch online at Reason offers "7 Questions for John Roberts: What I'd like the Senate to ask the Supreme Court nominee."

Online at The New Republic, Ryan Lizza has an essay entitled "Unnatural Selection: By choosing Roberts, Bush broke with most of his known habits."

Online at The Nation, Bruce Shapiro has an essay entitled "The Stakes in Roberts' Nomination."

Online at The American Prospect, Adele M. Stan has an essay entitled "Meet John Roberts: A first-class lawyer with a sense of humor; Too bad he's a threat to women's rights -- and the Constitution."

Online at Salon.com, Peter Rubin has an essay entitled "What does John Roberts believe? Bush's selection looks like a political masterstroke; But if Judge Roberts proves to be an ideologue in the Scalia/Thomas mold, he and the president may run into a Democratic buzz saw." Katharine Mieszkowski has an essay entitled "The John Roberts dossier: Everything you need to know about Bush's nominee, before the battle begins." And Salon also offers an item headlined "'Sterling' judge or 'extreme rightist'? Activists and scholars size up Bush's Supreme Court nominee."

Finally, at WorldNetDaily, Ann Coulter has an essay entitled "Souter in Roberts' clothing."
Posted at 03:30 PM by Howard Bashman




The wire services are reporting: The Associated Press offers reports headlined "CBS's John Roberts Anchors Roberts Report"; "O'Connor Praises Supreme Court Nominee"; "Lugar Among Roberts' Donation Recipients"; "Roberts Has Backed Administration Policies"; and "Feds: Media Shield Bill Bad Public Policy."

Reuters, meanwhile, offers reports headlined "Bush urges Senate to back his Supreme Court pick"; "Democrats unlikely to block Bush court nominee-analysts"; "Bush administration opposes shield for journalists"; and "Trial appeals by Ebbers, others, seen as longshots."
Posted at 03:10 PM by Howard Bashman




"Metro French Fry Case: In D.C., Roberts Got Taste of National Spotlight." This article appears today in The Washington Post.

Thursday in The Christian Science Monitor, Warren Richey will have an article headlined "A conservative with few hard edges." That newspaper will also contain an article headlined "Bush's pick meets measured reaction; Democratic statements on Roberts could signal a less-than-contentious confirmation" and an editorial entitled "What to Ask Nominee Roberts; Senators should probe his impartiality."

Tom Curry, national affairs writer for MSNBC, has articles headlined "Why Roberts looks likely to win: Solid conservative vetting, slim paper trail, Mr. Establishment demeanor" and "A history of drama, revenge and vindication: Senate battles over Supreme Court nominations go back to 1795."

U.S. News & World Report offers an article headlined "John G. Roberts: conservative but little known."

And Newsweek offers an article by Debra Rosenberg headlined "Bush's Choice: His judicial record is limited, his credentials are unquestioned; That makes John G. Roberts a tough target." Howard Fineman has an essay entitled "Paying 'The Base': Ever loyal, President Bush is rewarding conservatives with his choice of John Roberts--a man that liberals will have difficulty blocking." And Richard Wolffe and Holly Bailey have an essay entitled "Changing the Subject? President Bush's handling of his Supreme Court nomination has stressed dignity and civility; But its timing has also deflected attention from Karl Rove."
Posted at 03:02 PM by Howard Bashman




A joyous occasion for dance: As The Associated Press reports here:
The couple have two adopted children, Jack and Josie, both under 6. Jack Roberts, in short pants and saddle shoes, took advantage of the White House stage Tuesday night, dancing during the president's announcement.
Last night's broadcast of the ABC News program "Nightline" concluded by showing video of the dancing. You can access photos here, here, here, here, and here.
Posted at 02:45 PM by Howard Bashman



"Q&A: Post's Lane on Nomination." This morning, washingtonpost.com hosted an online chat with Charles Lane, the reporter who covers the U.S. Supreme Court for the newspaper. You can access a transcript of the online chat at this link.
Posted at 02:30 PM by Howard Bashman



John G. Roberts, Jr.'s wife would likely face a Senate filibuster if she had been nominated to serve on the U.S. Supreme Court: The "Think Progress" blog has a post titled "Roberts' Wife was Board Member of 'Feminists for Life.'"
Posted at 02:24 PM by Howard Bashman



If the U.S. Senate follows President Bush's advice, we may see fewer instances of dialogue from Beavis & Butthead at John G. Roberts, Jr.'s forthcoming confirmation hearing: CNN.com reports that "Bush calls for dignified court confirmation; President nominates D.C. circuit court judge for Supreme Court." If adhered to, this could reduce the likelihood that one Senator would characterize another Senator's questions as "dumbass," as occurred (details here) during one of Judge Roberts's confirmation hearings for the D.C. Circuit.
Posted at 01:35 PM by Howard Bashman



"Thank You, Mr. President: Last week, John Roberts wrote Bush a blank check." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 01:30 PM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Bush's choice for court a clear conservative; Some criticize D.C. judge; allies say he's in mainstream"; "Boxer critical; Feinstein waits for the hearing"; "Senators cautious about nominee; Judiciary Committee is expected to take its time examining credentials"; and "Nominee has long written for GOP on issue of abortion."
Posted at 11:45 AM by Howard Bashman



"Critical Theory: John Roberts would be a problematic justice--but not for the reason Democrats think." William J. Stuntz has this essay (pass-through link) online today at The New Republic.
Posted at 11:40 AM by Howard Bashman



In today's edition of The Los Angeles Times: An article reports that "Bush Leans Right in Court Pick; Roberts Has Longtime GOP Ties but a Short Resume as Appellate Judge."

David G. Savage has a profile headlined "A Brief on the Nominee: He's low-key, smart and effective and does not come with much political baggage; As a lawyer, he argued cases across the spectrum."

And in other coverage, "A Fight, Maybe, but Not a Battle; Roberts should appeal to staunch conservatives yet be insulated from fierce opposition"; "Conservatives, Pleased With Pick, Say Bush Kept Promise"; and "Democrats Keep Rhetorical Powder Dry; Party leaders say the record and philosophy of Roberts need to be scrutinized; Unlike in the Bork nomination, senators hold their fire."

An editorial is entitled "A judicious choice." And Rosa Brooks has an op-ed entitled "A court that nudges more than it leads."
Posted at 10:00 AM by Howard Bashman




Access online the letter of support that D.C. Bar members submitted to U.S. Senate leaders in support of the confirmation of John G. Roberts, Jr. to serve on the U.S. Court of Appeals for the D.C. Circuit: The letter, which President Bush mentioned when introducing Judge Roberts to the Nation last night, can be viewed by clicking here.
Posted at 09:55 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Bush Picks Appellate Judge to Fill O'Connor Vacancy" (featuring Nina Totenberg); "How Roberts' Nomination Came About"; "Bush Supreme Court Nomination Mobilizes Activist Groups"; "Reaction in Senate to Supreme Court Nominee"; and "Leahy on Roberts' Supreme Court Nomination." RealPlayer is required to launch these audio segments.
Posted at 09:45 AM by Howard Bashman



"Alum Tapped for High Court; President Bush nominates John G. Roberts '76 to post of Associate Justice of the Supreme Court": The Harvard Crimson offers this report.

And The Hill reports today that "GOP confirmation plan awaits nominee Roberts."
Posted at 09:40 AM by Howard Bashman




"Roberts and 'a gang of 3'": Lyle Denniston has this commentary online at "The Supreme Court Nomination Blog."
Posted at 08:42 AM by Howard Bashman



Available from National Review Online: Shannen W. Coffin has an essay entitled "Meet John Roberts: The president makes the best choice."

Kathryn Jean Lopez has an essay entitled "Don't Estrada Roberts: A call for no destruction during the upcoming Supreme Court hearings in the Senate."

And an editorial is entitled "Trading Up."
Posted at 08:32 AM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined:
Posted at 08:30 AM by Howard Bashman



Available online from The Weekly Standard: William Kristol has an essay entitled "Bush Rises to the Occasion: The Roberts pick is courageous and important." And Fred Barnes has an essay entitled "The Safe Pick: Conservatives hoped for a demonstrably conservative nominee with a streak of daring; They didn't get one."
Posted at 07:35 AM by Howard Bashman



The Spokesman-Review of Spokane, Washington is reporting: Today's newspaper contains articles headlined "O'Connor picks wade over row" and "O'Connor: Roberts 'good in every way, except he's not a woman.'"
Posted at 07:18 AM by Howard Bashman



"Bush Taps Roberts For Supreme Court; Conservative Nominee, 50, Is Viewed as Pro-Business; Doubts From Some Democrats": Jess Bravin and Jeanne Cummings have this front page article (free access) today in The Wall Street Journal.

In The New York Sun, Josh Gerstein reports that "Battle Begins For Confirmation of Roberts." The newspaper also contains an editorial entitled "A Bold Choice."

In USA Today, Joan Biskupic and Toni Locy report that "Roberts found 'deep regard' for court arguing cases." The newspaper also contains articles headlined "Praise on one side; questions on the other; Backers happy; many Democrats non-committal"; "Interest groups immediately line up forces in debate"; and "Bush takes media by the horns after days of jabs over Rove," along with an editorial entitled "Does Roberts represent mainstream law, values?"

In The Chicago Tribune, Jan Crawford Greenburg reports that "Bush makes Supreme Court pick." The newspaper also contains articles headlined "Hoosier roots, a `solid Midwest guy'"; "Bush choice defies expectations"; and "Senate braces for confirmation process."

In The Pittsburgh Post-Gazette, an article reports that "Bush nominates solid conservative; U.S. Court of Appeals Judge John G. Roberts Jr. a noted advocate." Michael McGough has a news analysis headlined "Appealing to both sides." And an article asks "Has battle been avoided? Senate Democrats' concerns muted."

The Washington Times contains articles headlined "Bush names Roberts to Supreme Court" and "Easy time seen for judicial nominee."

The Boston Globe reports that "Bush picks jurist for top court, calls for a 'dignified' process; Lauds Roberts for 'wisdom.'" Charlie Savage has an article headlined "A scant paper record of personal views." And in related coverage, "'Lawyer's lawyer' is termed an 'ultimate diplomat'"; "Academic prowess built on hard work"; "Cautious selection could still face confirmation battle"; and "Showing reserve, Democrats vow detailed look."

The San Francisco Chronicle reports that "Bush nominates Roberts for the Supreme Court." Bob Egelko has an article headlined "Roberts' limited time on the bench makes him a bit of an unknown -- but he may alter the balance of a split court." An article reports that "Nominee seen as brilliant, conservative, well respected." And an editorial is entitled "Bush goes right to the fight."

The Baltimore Sun reports that "Roberts chosen for court; A respected GOP lawyer on U.S. bench just 2 years; 'Experience, wisdom, fairness'; In 1990, he asked justices to overturn Roe v. Wade." Gail Gibson has an article headlined "No stranger to the high court, Roberts clerked, argued there; Views on issues such as abortion, death penalty are question mark." And in related coverage, "Groups vie to be first to shape opinion on Roberts; Conservatives, liberals staking their claims on airwaves and Internet" and "Nomination sets the stage for a key political battle; Uncertainties: The president, seeking to shore up his sagging credibility, now must wait and see whether anything unforeseen undermines his nominee."

In The Dallas Morning News, Allen Pusey reports that "Appeals judge gets nod for high court; Conservative Roberts won't legislate from bench, Bush says."

The Houston Chronicle reports that "Bush picks D.C. Judge for 'wisdom, fairness'; John G. Roberts, a man highly regarded by conservatives, calls his nomination to the U.S. Supreme Court 'humbling'"; "Hispanics and women let down, still waiting for representation; Bush selecting a white male doesn't shock, but Latinos hope to get chosen for next open seat"; "Conservative jurist very 'collegial'; Roberts' friends say his social skills will make toughest questions bearable"; and "Interest groups gear up for fight; Organizations on both sides of the political fence are ready to spend millions on battle."

Newsday contains articles headlined "Bush picks Roberts for Supreme Court; Selection of appeals judge is expected to shift panel rightward, with confirmation seen as tough but assured" and "Who is John G. Roberts Jr.?"

The St. Petersburg Times contains articles headlined "For top court, Bush picks conservative; Republicans are laudatory, and Democrats dubious, about the nomination of appellate Judge John G. Roberts Jr., 50" and "Democrats cautious on pick."

In The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "Roberts may be the needed consensus pick."

The Philadelphia Daily News contains articles headlined "13 things to know about Judge Roberts; Bush's nominee opposes abortion" and "Political pundits missed this pick."

The Seattle Times contains articles headlined "Internet bloggers log on to weigh in on Roberts" and "O'Connor was out of reach."

The Newark Star-Ledger reports that "Low-key jurist tapped for top court; Selection of Roberts by Bush wins conservatives' praise."

The Mobile Register reports that "Alabama senators endorse nominee."

The Richmond Times-Dispatch reports that "Allen cheers nominee; Warner more deliberate; Virginia senators react differently to Bush's Supreme Court nominee."

And The Clarion-Ledger reports that "Miss. leaders mixed on nominee."
Posted at 06:33 AM by Howard Bashman



Tuesday, July 19, 2005


In Wednesday's issue of The Los Angeles Times: The newspaper will contain articles headlined "Bush Chooses Appeals Judge John Roberts Jr. for Supreme Court"; "Bush Tilts Court With Conservative Nominee"; and "Roberts Is Hailed as a Superb Lawyer."
Posted at 11:58 PM by Howard Bashman



In Wednesday's edition of The Washington Post: In addition to the articles I noted here earlier tonight, tomorrow's newspaper will contain front page articles headlined "Bush Chooses Roberts for Court; D.C. Appeals Judge Has Conservative Credentials"; "Record of Accomplishment -- And Some Contradictions"; and "A Move To the Right, An Eye to Confirmation."

The newspaper will also contain an editorial entitled "The President's Choice."
Posted at 11:55 PM by Howard Bashman




In Wednesday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined:Tomorrow's newspaper will also contain an editorial entitled "Scrutinizing John Roberts."
Posted at 11:44 PM by Howard Bashman



"Bush Makes Bold Move to Shift Court": Dan Balz and Charles Lane of The Washington Post provide this news update.

Wednesday's issue of The Washington Post will contain articles headlined "Nominee Isn't Well Known to Senators Who Will Judge Him; Republicans Quickly Endorse; Democrats Put Off Opinions" and "On Right, Left, Time For Action; Groups Launch Long-Ready Efforts."

The Los Angeles Times provides a news update headlined "Aides Describe How President Arrived at His Choice."

And the Knight Ridder Newspapers report that "Bush nominates federal appeals court judge for Supreme Court."
Posted at 10:40 PM by Howard Bashman




"Remarks by the President and Supreme Court Justice Nominee John Roberts": The White House has posted online this transcript at its web site.
Posted at 10:18 PM by Howard Bashman



Does the nomination of John G. Roberts, Jr. to the Supreme Court of the United States set the stage for Senate Democrats to launch another battle for access to confidential Solicitor General memos? This earlier post of mine, from April 2003, provides the relevant background.
Posted at 10:15 PM by Howard Bashman



Who are you calling a dumb-ass? Longtime readers may remember my posts from April 2003 (see here and here) recounting that when John G. Roberts, Jr. had the pleasure of his second confirmation hearing in 2003 before the Senate Judiciary Committee (committee print here) in connection with his D.C. Circuit nomination, Senator Orrin G. Hatch (R-UT) told Senator Charles E. Schumer (D-NY) that Senator Schumer was asking "dumb-ass questions." [See page 90 of the PDF file containing the hearing transcript.] FOXNews.com certainly remembers.
Posted at 10:00 PM by Howard Bashman



"The Record of John G. Roberts, Jr.: A Preliminary Report." People For the American Way has issued this preliminary report.
Posted at 09:45 PM by Howard Bashman



Via C-SPAN, you can access online, on-demand the video of tonight's announcement of President Bush's Supreme Court nominee: Simply click here (RealPlayer required).
Posted at 09:35 PM by Howard Bashman



Some early reactions: CBS News had John Roberts anchoring President Bush's announcement tonight that the President was nominating John Roberts to serve on the U.S. Supreme Court.

John G. Roberts, Jr. was confirmed by the U.S. Senate to serve on the D.C. Circuit by unanimous consent, as I noted here and here back in May 2003. Yet in the Senate Judiciary Committee, the vote to approve the nomination to the D.C. Circuit was 14-3. As I noted here back in February 2003, "Roberts received 'yes' votes from the following Democratic Senators -- Biden, Edwards, Feinstein, and Kohl." Thus, the nomination did receive three "no" votes in committee, and then the full U.S. Senate did not conduct a formal roll-call vote on the nomination.

If Chief Justice William H. Rehnquist remains on the Court when Justice Roberts joins it, this may be the first time in history that a former U.S. Supreme Court law clerk will serve as a Justice on the Court along with the Justice for whom he or she clerked.

Judge Roberts was not especially forthcoming in his answers to difficult questions posed at two most recent Senate Judiciary Committee confirmation hearings (committee prints here and here), and already tonight U.S. Senator Charles E. Schumer (D-NY) is warning that similarly vague or evasive responses will not suffice this time around.
Posted at 09:20 PM by Howard Bashman




"President Chooses Conservative Judge as Nominee to Court": The New York Times provides this news update.

The Washington Post provides a news update headlined "Bush to Nominate Judge John G. Roberts Jr."

And The Los Angeles Times provides a news update headlined "Bush Chooses Appeals Judge John Roberts Jr. for Supreme Court."

This past Sunday, The Washington Post published an article about Judge Roberts headlined "Similar Appeal; Different Styles. Two Judges Seen as Potential Supreme Court Nominees Share Conservatives' Approval."

Nearly one month ago, Jan Crawford Greenburg of The Chicago Tribune had a similar article headlined "2 to watch for vacancy have much in common; Judges are friends and may be rivals for Supreme Court seat" (also freely available here).

And back in April 2005, Luiza Ch. Savage of The New York Sun had an article headlined "Buffalo Native Is Seen as a Confirmable Conservative; Judge John Roberts Jr. 'Combines Youth, Intellect, Temperament, Judicial Philosophy.'"
Posted at 08:30 PM by Howard Bashman




The wire services are reporting: The Associated Press reports that "Roberts Had Difficult Road to the Bench" and offers "A Glance at John G. Roberts."

And Reuters reports that "Bush chooses Judge Roberts for Supreme Court."
Posted at 08:25 PM by Howard Bashman




BREAKING NEWS -- "Bush Nominates Federal Judge Roberts": The Associated Press reports here that President Bush will announce tonight that he has decided to nominate D.C. Circuit Judge John G. Roberts, Jr. to fill Justice Sandra Day O'Connor's seat on the U.S. Supreme Court.

You can access at this link (22 MB PDF file) the committee print of the Senate Judiciary Committee's hearing on Judge Roberts's nomination to the D.C. Circuit.

Via the Department of Justice's Office of Legal Policy, you can access Judge Roberts's biography, resume, and statements in support of confirming him to serve on the D.C. Circuit.

CBS News offers this bio, while Charles Lane of The Washington Post provides this bio. law.com's Tony Mauro, back in February 2005, had a profile headlined "D.C. Circuit Judge Gets on Supreme Court Short List."

The Alliance for Justice compiled a 14-page report opposing Judge Roberts's confirmation to the D.C. Circuit. People for the American Way recently critiqued two of Judge Roberts's dissenting opinions. NARAL Pro-Choice America issued this report in connection with Roberts's D.C. Circuit nomination. And the National Organization for Women offered this information in connection in connection with Roberts's D.C. Circuit nomination.
Posted at 07:44 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Bush Set to Announce O'Connor's Replacement"; "Down to a Few Candidates for High Bench" (featuring Nina Totenberg); and "Padilla Appeals His U.S. Captivity."

And today's broadcast of "Talk of the Nation" contained segments entitled "Awaiting the Next Supreme Court Justice" (also featuring Nina Totenberg) and "States Put Eminent Domain to New Uses."
Posted at 07:15 PM by Howard Bashman




"Uncertainty builds over Bush high court choice; If it's Judge Edith Clement, is she a 'safe' pick for confirmation?" Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 07:05 PM by Howard Bashman



Thanks to The Village Voice and Blinq for the links: See here and here, respectively.
Posted at 06:08 PM by Howard Bashman



News updates available online from The Washington Post: "Women Closest to [President] Bush Are Pro-Choice" and "U.S. Asks Court for Power to Detain Enemy Combatants."
Posted at 06:04 PM by Howard Bashman



Sources say President Bush's nominee to the U.S. Supreme Court won't be Kennewick Man: But that hasn't kept Kennewick Man out of the headlines. The New York Times reports today that "A Skeleton Moves From the Courts to the Laboratory."

And in other recent coverage, The Seattle Post-Intelligencer reported last Friday that "Kennewick Man gives up secrets; But more questions arise after first study of ancient bones."

The Seattle Times reported Friday that "Fate of Kennewick Man study unclear."

The Tri-City Herald reported Friday that "Experts wrap up analysis of Kennewick Man."

And the July 25, 2005 issue of Newsweek contains an article headlined "A 9,000-Year-Old Secret: After a long legal battle, scientists are studying an ancient skeleton that could change theories about the first Americans."
Posted at 06:00 PM by Howard Bashman




But just in case: Slate offers an explainer headlined "You Say CLE-ment, I Say cle-MENT: How to pronounce the potential Supreme Court nominee's name."
Posted at 05:50 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Nominee's Hearings Set for Aug. or Sept." The AP also provides a list of "Some Cases Awaiting Bush's Nominee."

And in other news, "States Trying to Blunt Property Ruling."
Posted at 05:25 PM by Howard Bashman




ABC News is reporting that Edith Brown Clement will not be President Bush's nominee to the U.S. Supreme Court: Details here.
Posted at 05:20 PM by Howard Bashman



Access online the Senate Judiciary Committee confirmation hearing report on Edith Brown Clement's nomination to the U.S. Court of Appeals for the Fifth Circuit: In the event that the nominee is Judge Clement (but see this recent post at "Confirm Them"), I've posted online the committee print of Judge Clement's Fifth Circuit confirmation hearing from October 2001. Be forewarned -- this document, in PDF format, is quite large (7.5 MB).
Posted at 04:55 PM by Howard Bashman



"Recent Supreme Court Timetables": The Associated Press provides this interesting item.
Posted at 04:10 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: The Justice Who Wouldn't Quit" (featuring Emily Bazelon) and "Court Hears Arguments in 'Dirty Bomber' Case."
Posted at 04:05 PM by Howard Bashman



Seventh Circuit overturns summary judgment entered against anti-homosexuality protestor who claims his First Amendment rights were violated when the City of Madison, Wisconsin banned him from protesting on a pedestrian overpass above a busy highway: You can access today's ruling, by a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, at this link.
Posted at 03:45 PM by Howard Bashman



The state of the Ninth Circuit: Chief Judge Mary M. Schroeder delivered this speech yesterday.

And The Spokesman-Review of Spokane, Washington today contains an article headlined "Supreme Court's O'Connor to visit for judicial conference in Spokane; Retiring high court justice serves as liaison for 9th Circuit matters" that begins, "Justice Sandra Day O'Connor will be in Spokane Thursday as she makes her first public appearance since she announced her retirement from the U.S. Supreme Court earlier this month. She will take part in the weeklong 2005 9th Circuit Judicial Conference, an annual gathering of about 800 judges, lawyers and guests who discuss issues pertaining to the Western federal court system."
Posted at 03:33 PM by Howard Bashman




"Bush to Announce His Nominee for Supreme Court Tonight": The New York Times provides this news update.

The Washington Post provides a news update headlined "Supreme Court Announcement Tonight, White House Says."

The Los Angeles Times provides a news update headlined "Bush to Name Supreme Court Nominee Tonight."

And Reuters reports that "Bush to announce Supreme Court choice Tuesday."
Posted at 03:10 PM by Howard Bashman




BREAKING NEWS -- CNN is reporting that President Bush has selected a nominee to replace Justice Sandra Day O'Connor: According to CNN, the President will make his decision public at 9 p.m. tonight.

Update: The Associated Press reports that "Bush to Announce Court Nominee Tonight."
Posted at 01:03 PM by Howard Bashman




"Bush Stays Quiet on Clement Speculation": The Associated Press provides this report.
Posted at 12:32 PM by Howard Bashman



"Remote Control: The Supreme Court's greatest failing is not ideological bias--it's the justices' increasingly tenuous grasp of how the real world works." Stuart Taylor Jr. has this essay (pass-through link) in the September 2005 issue of The Atlantic Monthly (via "Althouse"). [Update: In the event that this link to the article stops working, an alternate link is available here.]
Posted at 12:30 PM by Howard Bashman



"Who is Edith Brown Clement?" ACSBlog offers this post.
Posted at 12:11 PM by Howard Bashman



"Supreme Court Nomination Expected Today": The Washington Post provides a news update that beigns, "The White House has told allies to be prepared for a Supreme Court nomination this afternoon."

Elsewhere, The News Virginian reports today that "Scholar predicts bitter fight over Bush's Supreme Court nomination."

The Petoskey News Review earlier this month published an article headlined "Michigan Supreme Court Justice says state's highest court is committed to strict interpretation of law."

At Townhall.com, Hans Bader has an essay entitled "Why stop with non-judges?"

At National Review Online, Christopher Flannery has an essay entitled "Go Ask Alice: Considering Judge Batchelder."

Finally for now, Think Progress has launched the "Supreme Court Extra" blog.
Posted at 11:55 AM by Howard Bashman




"Detainee Trials to Resume Soon, Rumsfeld Says": This article appears today in The New York Times.

The Washington Post reports today that "Military Trials for Detainees To Resume; Four Cases to Be Heard Immediately."

The Washington Times reports that "Military tribunals to begin for Gitmo detainees."

And yesterday, The Miami Herald reported that "Alleged Qaeda member can't be his own lawyer; The Pentagon's chief of war-crimes trials decided a month ago that an alleged Yemeni propagandist cannot be his own lawyer at Guantanamo Bay military commissions."
Posted at 11:45 AM by Howard Bashman




"L.A. County Settles Suit by Legal Newspaper": The Los Angeles Times today contains an article that begins, "Los Angeles County decided Monday to pay $40,000 to a legal newspaper to settle a lawsuit against the district attorney's office over a 2002 search warrant that investigators executed at the paper's downtown Los Angeles headquarters. The search, part of a broad probe into corruption allegations involving the city of South Gate, shut down the Metropolitan News-Enterprise for three hours and drew fire from 1st Amendment experts"
Posted at 11:40 AM by Howard Bashman



"Speculation Centers on Clement for Court": The Associated Press provides this report.

And "The Supreme Court Nomination Blog" offers a post titled "Associate Justice Clement?"
Posted at 11:32 AM by Howard Bashman




"Appeal of Detained Terrorism Suspect to Be Heard Today": The Washington Post contains this article today.

Update: The "South Carolina Appellate Law Blog" provides this second-hand report on today's oral argument. And The Associated Press reports that "Lawyer Argues Against Man's Confinement."
Posted at 11:22 AM by Howard Bashman




The Washington Times is reporting: Today's newspaper contains articles headlined "Bush meets with court contenders" and "Property decision galvanizes the right."
Posted at 11:20 AM by Howard Bashman



"U.S. Seeks Higher Damages in Tobacco Industry Suit": This article appears today in The New York Times.

The Washington Post reports today that "Justice Dept. Seeks to Pursue Tobacco Profits."

And The Los Angeles Times reports that "U.S. Seeks Reversal of Tobacco Ruling; It petitions the Supreme Court, saying a decision that bars efforts to seize past profits is flawed."
Posted at 11:00 AM by Howard Bashman




"Abortion: Just the Data; With High-Court Debate Brewing, New Report Shows Procedure's Numbers Down." The Washington Post contains this article today.

And in the August 1, 2005 issue of The Nation, Katha Pollitt has an essay entitled "Should Roe Go?"
Posted at 10:50 AM by Howard Bashman




"Sullivan hearing goes before state high court": This article appears today in The Atlanta Journal-Constitution.
Posted at 10:45 AM by Howard Bashman



In today's issue of The Sacramento Bee: The newspaper contains articles headlined "Pledge lawsuit may have narrow ruling; Federal judge hints he'll restrict lawsuit to school issue only" and "Boss's affairs cause for suit; State high court allows suits for harassment if uninvolved workers lose promotions."
Posted at 10:24 AM by Howard Bashman



"White House Considering Female Successor to O'Connor": Jeanne Cummings and Jess Bravin have this article (pass-through link) today in The Wall Street Journal.

Reuters reports that "Bush believed to be close to Supreme Court decision."

And The Associated Press reports that "Court Speculation Centers on Female Judge."
Posted at 09:44 AM by Howard Bashman




"Memories of Bork, Hill make all sides uneasy; Specter played the tough prosecutor in two earlier high court fights; will he do so again?" This article appears today in The Pittsburgh Post-Gazette.

The Kansas City Star reports today that "Kansan doubts she is on list for high court."

The Mobile Register reports that "Court battle may delay new judge; Finding replacement for Sandra Day O'Connor will take precedence over lower court positions."

The Wall Street Journal contains an editorial entitled "No More Souters: The legacy of previous GOP Supreme Court picks."

USA Today contains an editorial entitled "Will high court battle lower public's faith in justice?"

The Arizona Republic contains an editorial entitled "A just choice: Rehnquist has earned the right to decide departure" and an op-ed by Law Professor Robert Glennon entitled "Find a Justice, not merely a judge."

In The New York Times, Law Professor Stanley Fish has an op-ed entitled "Intentional Neglect."

In The Rocky Mountain News, columnist Paul Campos has an op-ed entitled "Time ripe for high court fix."

And in The Dallas Morning News, columnist William McKenzie has an op-ed entitled "Here's a 1-2 strategy for Bush's court picks."
Posted at 07:15 AM by Howard Bashman




"Affairs at Work Subject to Suits; Expanding the law against sex harassment, the state high court says all workers may suffer if a relationship causes the boss to show favoritism": Maura Dolan has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "State high court rules on sex with the boss; 'Casting couch' way to the top can be deemed harassment."
Posted at 07:00 AM by Howard Bashman



Monday, July 18, 2005


"Five From the 5th Circuit Mentioned for High Court; Southern Appeals Bench Known for Conservatism": Tuesday's issue of The Washington Post will contain this article, along with an article headlined "Bush Plans Interviews With Court Candidates; President Wants Confirmation by October."

Tuesday's issue of The New York Times will report that "Announcement of Supreme Court Nominee May Be Soon."

And Tuesday in The Chicago Tribune, Jan Crawford Greenburg will report that "Advisers want Bush to consider conservative men for court."
Posted at 11:25 PM by Howard Bashman




"Executed Man May Be Cleared in New Inquiry": This article will appear Tuesday in The New York Times.
Posted at 11:12 PM by Howard Bashman



Who will President Bush nominate to the U.S. Supreme Court? I'm sticking with my earlier prediction of Fifth Circuit Judge Edith H. Jones, and I further predict that she will attain U.S. Senate confirmation.

No one can doubt Judge Jones's solid conservative credentials. Her colleague on the Fifth Circuit, Judge Edith Brown Clement, may not be as reliably conservative (see, for example, this ruling from July 2004). And newly confirmed Fifth Circuit Judge Priscilla R. Owen has no track record as a judge in criminal cases, because the Supreme Court of Texas doesn't have appellate jurisdiction in criminal cases.
Posted at 11:08 PM by Howard Bashman




Available online from law.com: An article reports that "'Sports Illustrated' Ruling Pressures Media Attorneys."

In other news, "11th Circuit Still Cool to 'Booker.'"

And in news from Pennsylvania, "Though Child Is in India, Support Payments Must Follow U.S. Guidelines."
Posted at 09:54 PM by Howard Bashman




"Rehnquist decision raises questions on judges, age": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 09:10 PM by Howard Bashman



The Associated Press is reporting from California: David Kravets reports, with regard to Michael A. Newdow's latest lawsuit, that "Judge narrows Pledge of Allegiance case to focus on schools."

And an article headlined "Calif. Court: Work Sex Can Be Harassment" reports on this unanimous ruling that the Supreme Court of California issued today.
Posted at 09:00 PM by Howard Bashman




"Conservatives are told it will not be Gonzales": This article will appear in Tuesday's edition of The Hill.

Reuters reports that "Bush to meet with some Supreme Court candidates."

The Associated Press reports that "Two Michigan Supreme Court justices mentioned for U.S. high court."

The Knight Ridder Newspapers report that "Supreme Court market lets you put your money where your hunch is."

And online at The New Republic, Alexander Barnes Dryer has an essay entitled "Judge Not: Bush recently said he might appoint a non-judge; A guide to whom he may have been talking about."
Posted at 08:50 PM by Howard Bashman




"Supreme Court Nominees & Confirmation": That was the title of this past Saturday's broadcast of C-SPAN's "America & the Courts." You can view the broadcast online by clicking here (RealPlayer required).
Posted at 05:15 PM by Howard Bashman



"Debate to open Sullivan hearing; Case stirs up issue of double jeopardy after suit was thrown out of federal court in 1992": The Atlanta Journal-Constitution today contains an article that begins, "Georgia's Supreme Court will hear arguments this morning that could determine whether Fulton County can pursue a death penalty trial in a nationally known murder for hire."
Posted at 05:05 PM by Howard Bashman



"Stop Judges Tripping on Corporate Dollar": Timothy J. Dowling, chief counsel of Community Rights Counsel, has this op-ed today in Legal Times.
Posted at 05:00 PM by Howard Bashman



"Trials for Two Gitmo Suspects to Resume": The Associated Press provides this report. And the Department of Defense today issued a news release entitled "Military Commissions to Resume."
Posted at 04:32 PM by Howard Bashman



"Government appeals on tobacco remedy": Lyle Denniston has this report at "SCOTUSblog," which has also posted the federal government's cert. petition and appendix.

In other coverage, The Associated Press reports that "U.S. Again Seeks $280B in Tobacco Profits," while Reuters reports that "U.S. seeks reversal of tobacco sanction ruling."
Posted at 04:02 PM by Howard Bashman




"Appeals Court to Consider Padilla Case; Ruling Has Vast Implications on Fight Against Terrorism": The Washington Post provides this news update previewing tomorrow's oral argument before the U.S. Court of Appeals for the Fourth Circuit.

And in tenuously related news, The Miami Herald today contains an article headlined "Detention method defended; Prosecutors took a tough stand as two terrorism suspects held in federal detention in Miami asked a judge to address complaints of poor treatment by prison officials."
Posted at 03:50 PM by Howard Bashman




U.S. Court of Appeals for the Fifth Circuit holds that survivors of victims killed by allegedly racist co-worker at Mississippi-based Lockheed plant are limited under state law to pursuing the remedies provided under the Mississippi Workers' Compensation Act: The Fifth Circuit's ruling, dated last Thursday but posted online today, can be accessed at this link.

Earlier this year, the ABC News program "Primetime Live" reported on the shootings and posted online a report headlined "Lockheed Workplace Murders Targeted Blacks; Management Knew Shooter's Racist Views and Previous Threats." Back in July 2003, USA Today reported that "Gunman 'just hated a lot of people.'" And earlier this month, The Meridian Star published an article headlined "Family members stay strong two years after Lockheed shootings."
Posted at 03:04 PM by Howard Bashman




To deter forgery, the Justice Antonin Scalia bobblehead doll gift certificates that The Green Bag is issuing are embossed with the publication's official seal: My certificate arrived in today's mail, as did the pre-release gally proof of Jeffrey Lord's new book "The Borking Rebellion."
Posted at 02:25 PM by Howard Bashman



The wire services are reporting: The Associated Press reports that "Bush Wants New Justice in Place by Oct."

And Reuters reports that "Rumsfeld vows speedy action on Guantanamo trials."
Posted at 02:18 PM by Howard Bashman




Unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upholds the validity of a blanket waiver of Fourth Amendment rights as a condition of probation: Today's opinion, by Circuit Judge Richard A. Posner, can be accessed here.
Posted at 01:25 PM by Howard Bashman



President Bush addresses a reporter's question about the process to find a nominee to replace Justice Sandra Day O'Connor: The following transcript excerpt is from a White House press availability that wrapped-up within the past hour:
Q Thank you, Mr. President. We understand you are now close to a decision on a Supreme Court nominee.

THE PRESIDENT: Really? (Laughter.) It's amazing how Washington works, Mr. Prime Minister. (Laughter.)

Q Have you narrowed down the list and met with finalists? Will you now share the list with Senate leaders to avoid a confirmation battle, as Democrats have proposed?

THE PRESIDENT: Well, thank you for telling me where I am in the process. I appreciate that. We've consulted with the Senate. We will continue to consult with the Senate. I, of course, am the person that picks the nominee, and they get to decide whether or not the nominee gets confirmed. That's the way it has worked in the past. That's the way it's going to work in this administration.

And of course I'm reviewing a different candidate. I'm reviewing their curriculum vitae, as well as their findings. I will sit down with some and talk to them face-to-face, those who I have not known already. You know, we've got some people that -- perhaps in contention that I've already spent time with, that I know; in other words, I'm familiar with some of the people that are being speculated about in the press. And so I don't need to interview those. But of course I'm going to take a very thorough approach.

What they're referring to is a Supreme Court vacancy. And this is a really important decision. And I'm going to take my time and I will be thorough and deliberate. But make no mistake, we have heard a lot of suggestions from members of the United States Senate -- a lot. It turns out, many of the senators have got strong opinions one way or the other. And of course we're listening to them.

But my desire, Adam, is to get this process moving so that someone will be confirmed, whoever he or she is, will be confirmed by October. And if that's the backstop, we're working back to try to accommodate the Senate and their desire. Part of the consultation was to ask the senators, what's it take to get somebody in place by the October session?

And thank you for your question, and thank you for telling me how close I am to -- or at least indicating what others think. (Laughter.)

You can access the full transcript at this link.
Posted at 12:20 PM by Howard Bashman



"The next justice: Seeking the unpredictable." This editorial appears today in The Minneapolis Star Tribune.
Posted at 12:14 PM by Howard Bashman



"The Case for Impeaching the Chief Justice": Professor Mark Graber has this possibly facetious post at the "Balkinization" blog.
Posted at 12:05 PM by Howard Bashman



"The Law and Economics of Gay Marriage": "The Becker-Posner Blog" offers posts here and here.
Posted at 11:35 AM by Howard Bashman



Decalogue blog: The Capital-Journal of Topeka, Kansas today contains an article headlined "Junction City to keep monument; Commission interprets Supreme Court ruling to mean 'outside is OK; inside, not OK.'"
Posted at 11:33 AM by Howard Bashman



The ABA's Law Practice magazine looks "Behind the Blogs": That's the title of the cover story package found in the July/August 2005 issue of the magazine. Among the articles is one by Sarah Kellogg headlined "It's Not Your Father's Web Site: Lawyers in the Blogosphere."
Posted at 11:10 AM by Howard Bashman



"Medical Claims From 9/11 Are Assigned to Single Court": The New York Times today contains this article reporting on last Thursday's ruling of the U.S. Court of Appeals for the Second Circuit.
Posted at 11:05 AM by Howard Bashman



"Attorneys to open defense in bribery trial; Lawyers for justice, three others expected to try to explain transactions": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "Defense attorneys in a federal bribery trial of a state Supreme Court justice and three others are preparing to deconstruct a complex web of circumstantial evidence prosecutors have used to allege the scheme"
Posted at 10:45 AM by Howard Bashman



"For prosecutor, CIA leak case comes down to matter of law": Yesterday's issue of The Baltimore Sun contained this article.
Posted at 10:08 AM by Howard Bashman



"Eminent domain ruling chills property owners; Fear of land grabs unites odd coalition": This article appears today in The San Francisco Chronicle.

The Chicago Tribune today contains an article headlined "Connecticut case lit fires of rage; A struggling New London won Supreme Court backing for a city development plan using eminent domain; Officials got death threats."

The Connecticut Post reports that "Congress critical, state lawmakers quiet on ruling; State lawmakers stay quiet on property decision."

The Houston Chronicle reports that "House approves limits on eminent domain use."

The Austin American-Statesman reports that "Lawmaker seeks to protect cousin's eatery; Limits on UT added to eminent domain proposal."

The Roanoke Times contains an article headlined "Private -- keep off: aftershocks of Kelo v. City of New London; Government participation in private property matters can be viewed as meddling in this mostly rural portion of the state."

The St. Petersburg Times reports that "Government property seizure poses knotty issues; Daytona Beach wants to condemn property deemed blighted to make way for a $120-million private development."

Meanwhile, in commentary, The South Florida Sun-Sentinel contains an op-ed by Valerie A. Fernandez entitled "'Kelo' can happen here, too."

In The Washington Times, Donald Lambro has an op-ed entitled "Home, seized home."

And yesterday, The Day of New London, Connecticut contained an op-ed by Greg Stone entitled "Fiery Rhetoric, Foggy Facts."
Posted at 10:04 AM by Howard Bashman




"Hispanics split on court opening": The Fort Worth Star-Telegram contains this article today.
Posted at 09:44 AM by Howard Bashman



"Roy Moore for Supreme Court": This editorial appeared yesterday in The Birmingham News.
Posted at 09:24 AM by Howard Bashman



"Moral Capital and the Courts: The Left is destroying traditional morality." U.S. Senator Rick Santorum (R-PA) has this essay today at National Review Online.
Posted at 09:20 AM by Howard Bashman



"Five Reasons Not to Put Gonzales On the Court": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 09:14 AM by Howard Bashman



"What Roe v. Wade Should Have Said": Law Professor Jack M. Balkin has this blog post announcing the publication of his new book.
Posted at 07:15 AM by Howard Bashman



"For New Chief, a New Approach to Homeland Security": The New York Times contains this article today.
Posted at 07:10 AM by Howard Bashman



"Sexy reading can put a felon in jail; A sex offender went to jail for reading Maxim magazine after probation officers decided that it was 'sexually stimulating' -- the latest sign of the state's get-tough policy toward people on probation": This article appeared yesterday in The Miami Herald.
Posted at 07:05 AM by Howard Bashman



"An Attack on the Courts": This editorial appears today in The Washington Post.

And yesterday in The San Francisco Chronicle, columnist Debra J. Saunders had an op-ed entitled "The new inquisitor."
Posted at 07:02 AM by Howard Bashman




"Conservative Legal Group's Clout Growing": The Associated Press provides this report.
Posted at 07:00 AM by Howard Bashman



"GOP Allies Say Bush Is Close to Court Pick; Choice May Be Announced This Week": The Washington Post contains this article today.

The New York Times contains an article headlined "Pillow-Talk Pressure for a Woman in O'Connor's Robe."

The Washington Times contains articles headlined "GOP chiefs predict court pick from right" and "Left's list for high court seen as setup."

The Minneapolis Star Tribune reports that "Conservatives pin hopes, fears on court pick."

The St. Petersburg Times reports that "For high court, experience optional; As President Bush looks to fill a Supreme Court opening, many suggest that what the court needs most is a new perspective."

The News Journal of Wilmington< Delaware reports that "Alito a possible top court nominee; Court of Appeals judge leans right, but is fair, lawyers say."

The Cincinnati Enquirer reports that "Local senators new to fight; Justice nomination a first for 3 of 4 local lawmakers."

And in The Chicago Sun-Times, Gery Chico has an op-ed entitled "A Hispanic jurist on Supreme Court would fill void."
Posted at 06:40 AM by Howard Bashman



Sunday, July 17, 2005


"Deep Ties Bind Players in Battle for Seat on Court": This article will appear Monday in The New York Times.
Posted at 10:15 PM by Howard Bashman



"White House Letter: An inner-circle tilt for a female nominee." Elisabeth Bumiller has this article in Monday's edition of The International Herald Tribune.

And Voice of America News offers a report headlined "Next Face of the Supreme Court? Americans Wait to See."
Posted at 09:10 PM by Howard Bashman




"The Rights Stuff; 'Hazzard' Legal Issues Lead To $17.5 Million Payday; Discovery on a Treadmill": Friday's edition of The Wall Street Journal contained an article (pass-through link) that begins, "For the new movie 'The Dukes of Hazzard,' the biggest payout didn't go to the actors or even the movie's director and producer. It went to clients of Marc Toberoff, an attorney who's made a reputation suing big studios on behalf of TV-show creators who claim they're owed money for the movie rights."

I previously noted this matter last month in a post titled "U.S. District Judge refuses to take judicial notice of Jessica Simpson's hotness."
Posted at 06:10 PM by Howard Bashman




"Specter Says He'd Like Swing-Voter Justice": The Associated Press provides this report. You can access the transcript of today's interview of U.S. Senator Arlen Specter (R-PA), chairman of the Senate Judiciary Committee, on Fox News Sunday at this link.
Posted at 06:00 PM by Howard Bashman



"How much should precedent bind judges? A Bush nominee to the Supreme Court may be probed about whether he or she would overturn earlier high-court rulings." Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 05:58 PM by Howard Bashman



Philadelphia Phillies 8, Florida Marlins 4: My son and I have just returned home from watching the Phillies defeat the Marlins this afternoon. Although the game was played in Philadelphia, the weather was reminiscent of South Florida -- hot, humid, and alternately rainy and sunny. A two minute rain delay even punctuated the bottom of the sixth inning as the tarp was rolled onto the field as very heavy rain began during a pitching change, only to be rolled off the field minutes later as the rain quickly dissipated. Wraps and the box score are available here.
Posted at 05:50 PM by Howard Bashman



"From Terrell Hills to a spot on the Supreme Court?" The San Antonio Express-News today contains a quite interesting article that begins, "The buzz about Judge Edith Ann Hollan Jones -- that she could be the next Supreme Court justice -- excites little more than a shrug in the Terrell Hills home where she was raised."

The Chicago Tribune reports today that "Religious right wants its due from Bush, GOP; Court opening seen as golden moment."

The Washington Times reports that "Bush urges quick confirmation to court."

The Boston Globe reports that "Kennedy opposition carries risks for Supreme Court fight."

The Lincoln (Neb.) Journal Star reports that "Judicial fight already heated in Nebraska."

The Arkansas Democrat-Gazette reports that "Pryor's opinion sought as gauge; Senator quiet on filibuster grounds."

The Palm Beach Daily News reports that "O'Connor notice sparks debate."

And The Philadelphia Inquirer reports that "Cancer battle gives Specter a 'sharp focus on mortality'; Illness hasn't mellowed the senator, who seems even readier to offer blunt opinions - especially on stem-cell research."

In commentary, The Philadelphia Inquirer contains an editorial entitled "Replacing O'Connor."

In the July 25, 2005 issue of Newsweek, Anna Quindlen has an essay entitled "Keeping the Robes Clean: The high court has somehow remained a bulwark in a nasty world of inexorable lobbying, anti-intellectualism and self-serving politicking."

And The Baltimore Sun's Public Editor, Paul Moore, today has an essay entitled "Supreme Court battle must be kept in perspective."
Posted at 08:50 AM by Howard Bashman




"The natural evolution of a high court liberal": Edward Lazarus today in The Los Angeles Times has this review of Linda Greenhouse's book, "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey."

And today in The Louisville Courier-Journal, Stephen R. Reily's review of the book is headlined "The man who wrote Roe: Blackmun, the 'outsider,' left indelible mark on nation and the law."
Posted at 08:45 AM by Howard Bashman




"The right conservative": The Los Angeles Times today contains an editorial that begins, "The decisions made by President Bush and the Senate in the next few weeks as they seek a replacement for Supreme Court Justice Sandra Day O'Connor are likely to affect decisions by the court for decades."
Posted at 08:32 AM by Howard Bashman



"The Right Kind of Justice": This editorial appears today in The New York Times.

And Law Professors Judith Resnik and Theodore Ruger today have an op-ed entitled "One Robe, Two Hats."
Posted at 08:20 AM by Howard Bashman



Saturday, July 16, 2005


"Motion Systems, a small, family-owned New Jersey manufacturing shop, has gotten a bit of attention lately for an unusual gambit: suing President Bush in the U.S. Court of International Trade for failing to protect jobs." So began an article (registration required) that Forbes.com published in April 2004.

In a noteworthy development, yesterday the U.S. Court of Appeals for the Federal Circuit issued an order granting rehearing en banc in the case. Among the questions the en banc court plans to address: "Is there any constitutional barrier that would preclude the Court of International Trade from issuing the requested injunctive relief against the President?"

Additional background on this matter can be accessed here, here, here, and here.
Posted at 11:55 PM by Howard Bashman




In news from Tennessee: The Maryville Daily Times on July 7, 2005 contained an article headlined "Chief seeks attorney general counsel - Flag burning illegal at state level, legal under U.S. Supreme Court decision."

And The Knoxville News-Sentinel has recently published articles headlined "Man feels heat from flag-burning; May be first person charged with desecration"; "Penalties for flag burning uncertain; Probable cause may come into play in case"; and "Flag-burners' parents mystified by behavior; High school dropout's mom blames alcohol; dad says teen is 'floundering.'"

Thanks to "Althouse" for the pointer.
Posted at 11:45 PM by Howard Bashman




"Cornyn suits up for a confirmation battle, not the bench": Todd J. Gillman will have this article Sunday in The Dallas Morning News.
Posted at 11:38 PM by Howard Bashman



"Next court choice should respect the middle": In Sunday's edition of The Milwaukee Journal Sentinel, U.S. Senator Herb Kohl (D-WI) will have this op-ed.
Posted at 11:34 PM by Howard Bashman



Also in Sunday's edition of The New York Times: In addition to the items I earlier noted here, tomorrow's newspaper will contain an article headlined "Texan With Bench Experience Wades Into Justice Fray."

And in other news, an article headlined "Robin Hoods or Legal Hoods?" focuses on the Milberg Weiss law firm.
Posted at 11:30 PM by Howard Bashman




"High-stakes players: How a quartet of power brokers known as the Four Horsemen is shaping the future of the high court." This article will appear in the July 25, 2005 issue of U.S. News & World Report.
Posted at 11:28 PM by Howard Bashman



"Similar Appeal; Different Styles: Two Judges Seen as Potential Supreme Court Nominees Share Conservatives' Approval." In Sunday's edition of The Washington Post, Charles Lane and Jerry Markon will have an article that begins, "John G. Roberts Jr. and J. Michael Luttig have both marched up through the Republican ranks, from Supreme Court clerkships to White House jobs to the federal bench."

In related coverage, The Washington Post tomorrow will contain an article headlined "White House Delay On Court Nominee Is Calculated Plan; Stretching Out Time for Selection Intended to Cut Into Senate Debate."

And finally, tomorrow's newspaper will also contain an article headlined "Land of Hard Knocks; Long After It Gave Him Something to Escape, the Busted Boom Town of Searchlight Still Speaks To Harry Reid's Heart."
Posted at 11:20 PM by Howard Bashman




"Leahy Braces for Fight Over Court Nominee": The AP provides this report.
Posted at 11:18 PM by Howard Bashman



"Bush Drops Hints on Supreme Court Choice": The Associated Press offers this report about the weekly radio address that President Bush delivered today.

And in other coverage, Reuters has a report headlined "Bush: High court pick to have 'mainstream' values."
Posted at 09:18 PM by Howard Bashman




"Harlan case review sought; Justices asked for jury-Bible ruling": The Rocky Mountain News today contains an article that begins, "Adams County District Attorney Don Quick asked the U.S. Supreme Court on Friday to review the case of convicted murderer Robert Harlan, whose death sentence was overturned because jurors consulted a Bible in the deliberations room."
Posted at 09:00 PM by Howard Bashman



In Sunday's edition of The New York Times: The Week in Review section will contain an article headlined "Very Much Alive, Thank You" that begins, "He was back at work Friday morning, only a day after leaving the hospital and a few hours after quelling the frenzied speculation about his imminent retirement."

In other news, "Bill Giving Native Hawaiians Sovereignty Is Too Much for Some, Too Little for Others."

And the Magazine will contain a cover story by Matt Bai headlined "The Framing Wars: Do Republicans win elections because they know how to turn issues into stories? Can Democrats learn the same trick? And can they find the magic words to win the coming battle over the Supreme Court?"
Posted at 08:50 PM by Howard Bashman




"Court probed rumors of leak; The settlement of a high-profile case raised the justices' suspicions that insider information played a role": The St. Petersburg Times today contains an article that begins, "In a highly unusual action, the Florida Supreme Court launched an investigation last month to determine whether a court employee leaked sensitive information in a pending case."
Posted at 09:22 AM by Howard Bashman



"Court OKs tribunals; Guantanamo detainees don't have POW rights, judges rule": The Chicago Tribune contains this article today.

The Miami Herald reports that "Bush's wartime tribunals upheld; A federal appeals court has said Osama bin Laden's driver can face a war crimes tribunal at Guantanamo after all, reversing a lower court ruling and setting the stage for a Supreme Court challenge."

And The Washington Times reports that "Appeals ruling approves tribunal."
Posted at 09:20 AM by Howard Bashman




"Court Search Focuses On Women, Minorities": This front page article appears today in The Washington Post, which also contains an article by Charles Lane headlined "Privacy Paramount For Chief Justice; Rehnquist Has Kept a Tight Lid On Health News."

Today in The Chicago Tribune, Jan Crawford Greenburg reports that "Announcement by Rehnquist no gavel on intrigue; No departure soon, but questions linger."

In The Baltimore Sun, Gail Gibson reports that "Ties to Bush may be liability for Gonzales; Critics of possible court nominee note ethics law."

Similarly, yesterday The Los Angeles Times contained an article headlined "Justice Gonzales? Conservatives See Recusal Problem; Activists object anew to a possible nomination, saying he wouldn't be able to hear key cases."

The Capital-Journal of Topeka, Kansas reports today that "Pundits tout Kansas judge." My "20 questions for the appellate judge" interview from January 2004 of Tenth Circuit Chief Judge Deanell Reece Tacha can be accessed here.

Finally for now, The Denver Post today contains an editorial entitled "Chief justice puts speculation to rest; In a few short sentences, William Rehnquist said he's not retiring and quickly changed the dynamics of the Supreme Court nomination debate."
Posted at 07:25 AM by Howard Bashman




In today's edition of The New York Times: Adam Liptak reports that "Questions of Who Told What to Whom, and When, May Be Crucial in Leak Case."

In other news, "Appeals Court Frees Somali Man Held 6 Years in Deportation Case."

An article reports that "Beef Imports From Canada to Resume."

An editorial is entitled "Court Gutting in Congress."

And Sarah Vowell hasan op-ed entitled "Moses' Top Ten."
Posted at 07:10 AM by Howard Bashman




"Court Rules That Reporter Can Withhold Source's Name": The New York Times today contains an article that begins, "A federal appeals court in Atlanta ruled yesterday that a reporter for Sports Illustrated does not have to reveal a confidential source as part of a libel case against the magazine. But the decision rejected some of the magazine's crucial arguments for protecting the source and set in motion legal procedures that could eventually lead to the identification."

And in other coverage, The Birmingham News reports today that "Court clears way in Price libel suit."
Posted at 07:00 AM by Howard Bashman




The Washington Post is reporting: Today's newspaper contains articles headlined "Criminal Contempt Could Lengthen Reporter's Jail Stay"; "Court Orders Tougher Campaign Finance Rules"; and "Court Backs EPA on Lack of Greenhouse Gas Limits."
Posted at 06:55 AM by Howard Bashman



"Justices allow lead-paint suit; State Supreme Court ruling that lets teen sue companies is first in nation": This article appears today in The Milwaukee Journal Sentinel.
Posted at 06:50 AM by Howard Bashman


Friday, July 15, 2005


"Will Rehnquist pass justices left and right? Incentive to stay may be rooted in chance to reach top of tenure list." Allen Pusey will have this article Saturday in The Dallas Morning News.

In Saturday's issue of The Chicago Tribune, Jan Crawford Greenburg will report that "Rehnquist's words cool retirement rumors but change little for Bush."

James Kuhnhenn of Knight Ridder Newspapers reports that "Senators gear up for Supreme Court confirmation battle."

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "President Weighs Court Nominees" (transcript with link to audio).
Posted at 11:30 PM by Howard Bashman




"Court Rules Military Panels to Try Detainees; Osama Bin Laden's Driver Can Now Stand Trial": This front page article will appear Saturday in The Washington Post.
Posted at 11:20 PM by Howard Bashman



In Saturday's edition of The New York Times: Neil A. Lewis will have an article headlined "Ruling Lets U.S. Restart Trials at Guantanamo."

And in other news, "Court Says E.P.A. Can Limit Its Regulation of Emissions."
Posted at 11:18 PM by Howard Bashman




Available online from law.com: Tony Mauro has articles headlined "Parsing Rehnquist's Retirement Statement" and "O'Connor Goes International After Retirement."

Meanwhile, in other news, "TV Plumbs Litigation 'Reality'; Creators hope 'The Firm' will show young lawyers in a positive light."
Posted at 11:00 PM by Howard Bashman




Recent rulings of note from the Supreme Court of Wisconsin: On Wednesday, the court issued its unanimous ruling in Olstad v. Microsoft Corp., causing The Associated Press to report that "Court lets Microsoft litigation proceed; Decision called a big win for state consumers."

Yesterday, the court issued a ruling that is the subject of an article in The Milwaukee Journal Sentinel headlined "State's high court lifts caps on pain, suffering awards; Legislators scramble to rework law on malpractice limits." And The Capital Times of Madison, Wisconsin reports today that "GOP promises to reverse court's malpractice ruling."

Finally, today The Capital Times provides a news update headlined "Paint firms liable for lead woes; Only true in Wis., justice says" about this ruling issued today.
Posted at 10:40 PM by Howard Bashman




"A Good Woman Isn't Hard to Find": William Kristol will have this essay in the July 25, 2005 issue of The Weekly Standard.
Posted at 10:17 PM by Howard Bashman



"Appeals Court Backs Bush's Tribunal Plan at Gitmo": The Los Angeles Times provides this news update.
Posted at 10:14 PM by Howard Bashman



"McConnell has fans, detractors; His short tenure on federal bench makes him hard to gauge": The Rocky Mountain News contains this article today.
Posted at 05:14 PM by Howard Bashman



"In Rare Case, Vermont Jury Backs Death for a Killer": This article appears today in The New York Times.

The Boston Globe reports today that "Jury votes death for Vermont killer; Sentence is first in 50 years in Vt."

And The Rutland Herald contains articles headlined "The verdict: Death; Jury says Fell should die for slaying of North Clarendon woman"; "Partisans keep death penalty debate alive"; "What did the jurors believe?"; "Many in Rutland support verdict"; and "Relief, sorrow at jury's decision."
Posted at 04:30 PM by Howard Bashman




"Judicial group assails lawmaker": The Chicago Tribune today contains this article reporting on a statement that the American Judicature Society issued yesterday (via "Sentencing Law and Policy").
Posted at 04:25 PM by Howard Bashman



"Anheuser-Busch Wins Latest Court Battle": The Associated Press provides this report.
Posted at 04:20 PM by Howard Bashman



"Rare Statute Figures in Rove Case; A 1982 law that criminalizes identifying operatives may be too pointed, and that may help the White House deputy chief of staff": This article appears today in The Los Angeles Times.
Posted at 04:18 PM by Howard Bashman



"Not Proven: Arlen Specter is nobody's hero, but he just might save the day." Terence Samuel has this essay online today at The American Prospect.
Posted at 04:15 PM by Howard Bashman



Not only isn't he retiring, but he's not even taking today off from work after having been released yesterday from the hospital: Gina Holland of The Associated Press reports that "Rehnquist Returns to Work at High Court."

And Greg Stohr of Bloomberg News reports that "Rehnquist Statement Clarifies Bush's Court Choices."
Posted at 03:58 PM by Howard Bashman




Ninth Circuit's ruling causes Canadian cows to be glad, not mad: The New York Times reports today that "Despite Concerns on Mad Cow, Court Allows Canada Imports."

The Toronto Globe and Mail today contains a front page article headlined "U.S. ruling raises hope for end to cattle ban."

The Sacramento Bee reports that "Ban lifted on Canadian cattle; An appeals court backs the USDA's finding of 'minimal' mad cow risk."

The Associated Press reports that "Canadian Ranchers Elated at Border Opening."

And Reuters reports that "Canadian ranchers skeptical U.S. border will open."
Posted at 03:44 PM by Howard Bashman




"Justice in paradise: Yosemite's magistrate savors his highly coveted post." This profile of Magistrate Judge William M. Wunderlich of the U.S. District Court for the Eastern District of California appears today in The Sacramento Bee.
Posted at 03:30 PM by Howard Bashman



"Chief Justice To Jackals: Nuts." CBS News legal analyst Andrew Cohen has this essay today.

And Law Professor Rick Hasen, at his "Election Law" blog, has a post titled "The Chances of the Senate Going Nuclear Have Increased Greatly."
Posted at 03:05 PM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Rehnquist Says He Has No Plans to Retire" (featuring Nina Totenberg); "Nebraskans Offer Thoughts on Next High Court Judge"; "U.S. Appeals Court Overturns Ban on Canadian Cattle"; and "Oregon Man Sues over FBI Mistake in Madrid Case." RealPlayer is required to launch these audio segments.
Posted at 02:58 PM by Howard Bashman



BREAKING NEWS -- Another federal appellate court rules on the issue of journalists and anonymous sources: Circuit Judge Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit, on behalf of a unanimous three-judge panel, today issued an opinion that begins:
In the Spring of 2003 Mike Price was head coach of the University of Alabama's Crimson Tide football team. Given the near-fanatical following that college football has in the South, the head coach at a major university is a powerful figure. However, as Archbishop Tillotson observed three centuries ago, "they, who are in highest places, and have the most power . . . have the least liberty, because they are most observed." If Price was unaware of that paradox when he became the Crimson Tide's coach, he learned it the hard way a few months later in the aftermath of a trip he took to Pensacola, Florida.

While in Pensacola to participate in a pro-am golf tournament Price, a married man, visited an establishment known as "Artey's Angels." The name is more than a little ironic because the women who dance there are not angels in the religious sense and, when he went, Price was not following the better angels of his nature in any sense. Scandal ensued, and as often happens in our society, litigation followed closely on the heels of scandal.

Out of that litigation came this interlocutory appeal about whether Sports Illustrated magazine and one of its writers are protected under Alabama law or by the federal Constitution from being compelled to reveal the confidential source for an article they published about Price and his activities in Pensacola.

On Wednesday of this week, as I previously noted here, The Wall Street Journal published an article about this matter headlined "Playing Defense: A Coach's Lawsuit Poses Challenge For Time Inc.; Publisher's Sports Illustrated Relied on Unnamed Source For a Raunchy Expose; A Dancer Called 'Destiny'" (pass-through link).
Posted at 02:30 PM by Howard Bashman



"Social Selection: Support for Roe v. Wade does not a moderate justice make." Jonathan Chait will have this essay (pass-through link) in the July 25, 2005 issue of The New Republic.
Posted at 12:32 PM by Howard Bashman



"Rehnquist Plans To Stay on Court As Health Permits": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 12:30 PM by Howard Bashman



"Delay Is Good: One spot on the Supreme Court right now is better than two." Law Professor Douglas W. Kmiec has this essay today at National Review Online.
Posted at 12:28 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Rehnquist Pledges to Remain on Top Court."

And in news from Tennessee, "Amputee Plaintiff in Landmark Case Jailed."
Posted at 12:15 PM by Howard Bashman




Today's rulings of note from the U.S. Court of Appeals for the D.C. Circuit: The Associated Press, in an article headlined "Court: Military Panels to Try Detainees," reports that "A federal appeals court put the Bush administration's military commissions for terrorist suspects back on track Friday, saying a detainee at the Guantanamo Bay prison who once was Osama bin-Laden's driver can stand trial." And Reuters reports that "US appeals court says Guantanamo trial can procede." You can access today's ruling in Hamdan v. Rumsfeld -- the case involving the Guantanamo detainee alleged to have been Osama bin Laden's personal driver -- at this link.

A separate ruling issued today revives, at least for now, a proceeding that began when seven Native Americans petitioned the Trademark Trial and Appeal Board to cancel the registrations of six trademarks used by the Washington Redskins football team.

The AP offers a report headlined "Court: FEC Opened Loopholes in New Law" about another decision that a divided three-judge D.C. Circuit panel issued today.

And finally, The AP has a report headlined "Court Nixes Regulating Greenhouse Gases" concerning today's fourth D.C. Circuit opinion of note.
Posted at 11:45 AM by Howard Bashman




"Falwell says he will not recommend any nominee to Supreme Court": This article appears today in The News & Advance of Lynchburg, Virginia.
Posted at 08:30 AM by Howard Bashman



Just one more reason why Sandra Day O'Connor is unlikely to become Chief Justice of the United States: Today in The Los Angeles Times, David G. Savage reports that "Chief Justice Isn't Retiring; Rehnquist, fighting cancer, says he'll stay as long as his health allows; With one vacancy to fill on the high court now, Bush's task is tougher."

In The Chicago Tribune, Jan Crawford Greenburg has an article headlined "Rehnquist: I'm staying on the job; Justice wants to end 'unfounded' rumors."

In The Baltimore Sun, Gail Gibson reports that "Rehnquist 'not about to announce retirement'; Ailing chief justice says he'll stay on bench as long as health permits."

The Washington Times reports that "Chief justice says not retiring."

CNN.com reports that "Rehnquist silences retirement speculation."

And in a pre-no-retirement-announcement article, The Independent (UK) reports that "Bush eyes second Supreme Court vacancy."
Posted at 07:00 AM by Howard Bashman



Thursday, July 14, 2005


"3rd Circuit Upholds Injunction Against 'Professional Tax Protester'": Via law.com, Shannon P. Duffy provides this report.
Posted at 11:40 PM by Howard Bashman



"Chief Justice Rehnquist Leaves Hospital": Charles Lane will have this front page article Friday in The Washington Post.

And Reuters reports that "US chief justice says he's not about to retire."
Posted at 11:10 PM by Howard Bashman




Ninth Circuit issues decision in mad cow case: And by means of a not-for-publication order, no less!
Posted at 10:08 PM by Howard Bashman



BREAKING NEWS -- "Rehnquist Says He'll Stay on Supreme Court": The Associated Press provides a report that begins, "Squelching rumors of his retirement, Chief Justice William H. Rehnquist said Thursday he will continue heading the court as long his health permits. 'I'm not about to announce my retirement,' he said in a statement obtained by The Associated Press." The text of the Chief Justice's statement can be viewed at this link.

And Friday's issue of The New York Times will contain an article headlined "Rehnquist Denies Rumor of Retirement."
Posted at 09:49 PM by Howard Bashman




"Rehnquist Is Discharged From Hospital": This article will appear Friday in The New York Times.
Posted at 08:05 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "O'Connor Urged to Reconsider Retirement."

And in other news, "Specter Does Senate Work Despite Cancer."
Posted at 05:50 PM by Howard Bashman




"Rehnquist Released From Hospital; Return home may bring an end to the latest round of speculation and anxiety about his possible retirement": law.com's Tony Mauro provides this report.
Posted at 05:00 PM by Howard Bashman



U.S. Court of Appeals for the Second Circuit issues its ruling in In re: WTC Disaster Site. The Second Circuit's opinion begins:
The present appeals raise questions as to federal-court jurisdiction over claims relating to respiratory injuries suffered by rescue and clean-up workers as a result of exposure to toxins and other contaminants in the aftermath of terrorists' hijacking of two airplanes and using them to cause the destruction of the New York City World Trade Center's twin 110-story towers on September 11, 2001.
You can access the complete ruling at this link.
Posted at 04:55 PM by Howard Bashman



"U.S. Chief Justice Rehnquist Released From Hospital": Bloomberg News provides this report.

CNSNews.com reports that "Biden Wants Court Selection to Be 'Unanimous' Choice."

In the August 1, 2005 issue of The Nation, Bruce Shapiro will have an essay entitled "Supreme Court Watch."

And those for whom just one Justice Sunday wasn't enough will be pleased to learn that Justice Sunday II is scheduled to occur on August 14, 2005.
Posted at 04:40 PM by Howard Bashman




"Dershowitz, Prof Spar Over Plagiarism": The Associated Press provides this report.
Posted at 04:15 PM by Howard Bashman



"Key US senators hope to avert US high-court fight": Thomas Ferraro of Reuters provides this report.
Posted at 04:10 PM by Howard Bashman



"Bright Spotlight Comes with Court Opening": Today in The Recorder of San Francisco, California, Mike McKee has an article that begins, "Steven Perren had a curious response when Gov. Gray Davis' people called him out of the blue four years ago and told him he was on a short list for a seat on the California Supreme Court."
Posted at 03:30 PM by Howard Bashman



"Democrats' disarray muddies court fight": Law Professor Jonathan Turley has this op-ed today in The Baltimore Sun.
Posted at 03:24 PM by Howard Bashman



"Over 100 Legal Scholars Join Senator Charles E. Schumer in Urging Senate to Question Nominees on Judicial Philosophy" The Center for American Progress issued this press release today. The proposed questions can be accessed here (PDF).
Posted at 03:20 PM by Howard Bashman



"It is too bad that the Ninth Circuit's prior precedents on searches for child pornography impose a more rigorous test for probable cause than that called for by common sense and common experience": Such was the lament that Circuit Judge Ronald M. Gould expressed when concurring in the Ninth Circuit's decision in United States v. Gourde. Judge Gould does not appear to be alone in that view, as today the Ninth Circuit entered an order granting rehearing en banc in the case.

On the day the three-judge panel issued its ruling last September, I had this post about the case.
Posted at 02:44 PM by Howard Bashman




"Vermont Jury Recommends Death for Killer": The AP provides this report.

And in earlier coverage, today's issue of The Rutland Herald contains an article headlined "Now it's up to the jury; Deliberations begin in historic death-penalty case."
Posted at 02:35 PM by Howard Bashman




"Rehnquist Released From Va. Hospital": Gina Holland of The Associated Press provides this report.

And Reuters reports that "U.S. Chief Justice Rehnquist leaves hospital."
Posted at 02:05 PM by Howard Bashman




"Photos Develop Into Court Case; Theft and forgery trial involving sexy shots of Cameron Diaz starts amid L.A. crackdown on paparazzi tactics": This article appears today in The Los Angeles Times.
Posted at 12:25 PM by Howard Bashman



"A vigorous constitutional debate on AEDPA": Lyle Denniston at "SCOTUSblog" provides this update about a potentially significant case pending before the U.S. Court of Appeals for the Ninth Circuit that I first noted here.
Posted at 12:22 PM by Howard Bashman



"Rehnquist Retirement Watch (Day Four)": Here's the latest from "Wonkette."
Posted at 11:40 AM by Howard Bashman



"White House Weighs Recusal Issue In Considering Gonzales for Court": John D. McKinnon and Jess Bravin have this article (free access provided) today in The Wall Street Journal.
Posted at 11:00 AM by Howard Bashman



"U.S. FCC delays effort to set media ownership rules": Reuters provides this report.
Posted at 10:39 AM by Howard Bashman



"Australian Man Found Guilty for Hyperlinking": Slashdot is hosting this discussion thread.

In other coverage, The Sydney Morning Herald provides a news update headlined "Music industry claims big scalp in piracy case." And ZDNet Australia offers a report headlined "Judge: MP3 site, ISP breached copyright."
Posted at 10:33 AM by Howard Bashman




"Rehnquist Hospitalization Renews Debate": Gina Holland of The Associated Press provides this report.
Posted at 10:25 AM by Howard Bashman



"The Fever: Bush's Supreme Court pick will speak volumes about the state of American conservatism--such as it is." This editorial will appear in the July 25, 2005 issue of The New Republic.
Posted at 10:10 AM by Howard Bashman



"Presidential Privilege: You win the White House, you make the judical nominations." U.S. Senator Orrin G. Hatch (R-UT) has this essay today at National Review Online.
Posted at 10:08 AM by Howard Bashman



Mad federal appellate court to rule on mad cow: The Seattle Times today contains an article headlined "Cattle battle in Seattle court."

And that newspaper today also contains an article headlined "Snake dam-spillage case back in court."
Posted at 08:50 AM by Howard Bashman




"Attorneys find Dykes on Bikes patently offensive, reject name": This article appears today in The San Francisco Chronicle.
Posted at 08:45 AM by Howard Bashman



"Keep court centered, GOP moderates urge": Jan Crawford Greenburg has this article today in The Chicago Tribune.

The Washington Post today contains articles headlined "Views Mixed On Nominee To High Court Being Female; Many Activists Express Sentiment That Philosophy Is Most Pertinent Issue" and "Conservative Caucus's Choice for Top Court Is Cast in Stone."

The Denver Post contains an editorial entitled "Go West, Supreme Court?"

The St. Petersburg Times contains an editorial entitled "Bush's bipartisan gesture."

In The New York Times, columnist David Brooks has an op-ed entitled "Mr. Bush, Pick a Genius."

And FindLaw commentator Marci Hamilton has an essay entitled "The Remarkable Legacy of Justice Sandra Day O'Connor."
Posted at 07:50 AM by Howard Bashman




"Chief Justice, Fighting Cancer, Hospitalized With a Fever": David G. Savage has this article today in The Los Angeles Times.

In The Baltimore Sun, Gail Gibson reports that "Rehnquist hospitalized, fueling talk of retirement; Chief justice had fever, remained yesterday for observation and tests."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Chief justice is hospitalized; Ailing Rehnquist developed a fever."

The Washington Times reports that "Rehnquist hospitalized with fever."

Newsday reports that "Rehnquist hospitalized with fever."

And The Arizona Republic reports that "Rehnquist's hospital stay fuels debate."
Posted at 07:45 AM by Howard Bashman




"The Hands-Off Rehnquist Court: The Supremes have left key corporate matters, such as antitrust law, largely unaddressed, adding up to a mixed legacy." This news analysis appears online today at BusinessWeek.
Posted at 07:40 AM by Howard Bashman



"What Americans want in O'Connor court vacancy": This front page article appears today in USA Today.
Posted at 07:34 AM by Howard Bashman



"Clinton: Court Was 'Wrong' on Eminent Domain." Today in The New York Sun, Josh Gerstein has an article that begins, "President Clinton yesterday added his voice to a growing chorus of Americans of various political persuasions who disagree with a recent Supreme Court ruling that upheld the government's use of eminent domain powers to take private property from one owner and give it to another."
Posted at 07:30 AM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Rehnquist Hospitalized With Fever."

In other news, "Federal Circuit Orders Courts to Rely on Patent Language."

And Shannon P. Duffy reports that "Law Firm Accused of Internet Hacking."
Posted at 07:25 AM by Howard Bashman



Wednesday, July 13, 2005


"Rehnquist Remains in Hospital Following Fever": David G. Savage of The Los Angeles Times has this news update.
Posted at 11:08 PM by Howard Bashman



Charles Lane is reporting: In Thursday's issue of The Washington Post, he will have articles headlined "Rehnquist Is Hospitalized With Fever; Condition Adds to Speculation About His Time Left on Court" and "Right Using Recusal Question Against Gonzales; White House Counsel, Attorney General Roles Cited as Possible Hindrance as a Justice."
Posted at 10:50 PM by Howard Bashman



In Thursday's edition of The New York Times: Linda Greenhouse reports that "Picking Non-Judge Justice Would Return to Tradition."

In related news, "Rehnquist Checks Into Hospital With Fever" and "Senators Who Averted Showdown Face New Test in Supreme Court Fight."

And from Chicago, Jodi Wilgoren will have an article headlined "Judge Returns to the Bench After Killings in Her Family."
Posted at 10:40 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Rehnquist in Hospital After Fever Detected" (featuring Nina Totenberg) and "Senate Panel Weighs Habeas Corpus Rules." RealPlayer is required to launch these audio segments.
Posted at 08:20 PM by Howard Bashman



"Judges hear arguments in USDA's Canada cattle case": Reuters provides this report.
Posted at 06:04 PM by Howard Bashman



Access online the three most recent installments of my monthly appellate column published in The Legal Intelligencer: From May 2005, "Objections To Allowing Non–Precedential Decisions To Be Cited On Appeal Lack Empirical Support, Two Recent Federal Court Studies Reveal."

From June 2005, "In The Quest For Access To Non–Precedential Decisions, Don't Overlook The Possibility Of A Legislative Solution."

And from July 2005, "Report Card from the U.S. Supreme Court: How the Third Circuit Fared in the October 2004 Term."
Posted at 06:00 PM by Howard Bashman




"Senators weigh in on Supreme pick; Leaders have White House meeting with Bush and tell him what they expect in the next Supreme Court justice": Newsday contains this article today.

Today at National Review Online, Edward Whelan has an essay entitled "Are You an Originalist? Take this simple test and find out," while Jonah Goldberg has an essay entitled "Identity Justice: The AG is a bit too cozy with left-wing thinking."

Online today at TomPaine.com, Paul Rogat Loeb has an essay entitled "Courting Gonzales."

And yesterday in The Capital Times of Madison, Wisconsin, Edward Lazarus had an op-ed entitled "Seeking O'Connor clone for next justice a mistake."
Posted at 05:50 PM by Howard Bashman




"Tax trial decisions to be made public; But new rules don't address past cases": This article appeared yesterday in The Chicago Tribune. And "TaxProf Blog" today offers a post titled "Developments in Tax Court Imbroglio Over Access to Special Trial Judges' Reports."
Posted at 05:44 PM by Howard Bashman



"Chief Justice Rehnquist hospitalized": CNN.com provides this report.
Posted at 05:14 PM by Howard Bashman



"Abortion Clash Awaits High Court Nominee": Gina Holland of The Associated Press has this report.
Posted at 05:11 PM by Howard Bashman



"Rehnquist Hospitalized With Fever; Announcement revives talk of chief justice's retirement": law.com's Tony Mauro provides this report.
Posted at 04:38 PM by Howard Bashman



"Post's Barbash on Chief Justice Hospitalization": The Washington Post's web site provides this video report.

Bloomberg News reports that "U.S. Chief Justice Rehnquist Hospitalized With Fever."

And BBC News reports that "US chief justice in hospital bed; US Chief Justice William Rehnquist has been admitted to hospital because of a fever, the Supreme Court has said."
Posted at 04:12 PM by Howard Bashman




"Rehnquist Hospitalized for Fever in Va." The Associated Press provides this report.

Update: Reuters reports that "Ailing US Chief Justice Rehnquist hospitalized." And at "SCOTUSblog," Lyle Denniston has a post titled "Chief Justice hospitalized."
Posted at 02:50 PM by Howard Bashman




Why stop at non-judges; why not nominate a non-lawyer? Reuters reports that "Bush willing to consider non-judges for high court." After all, there's no constitutional requirement that Justices serving on the U.S. Supreme Court have had any legal education or experience working in the field of law whatsoever.

Reuters is also reporting that "US court upholds AT&T verdict against Microsoft." See also my earlier post here.
Posted at 02:25 PM by Howard Bashman




PMS and the U.S. Court of Appeals for the Federal Circuit: Reuters offers a report headlined "US Appeals Court Upholds Patent for Lilly PMS Drug" about a non-precedential ruling that the Federal Circuit issued today.
Posted at 02:15 PM by Howard Bashman



"Cannabis Interrupted": Law Professor Herman Schwartz has this essay online at The Nation.
Posted at 02:14 PM by Howard Bashman



"The Internet Archive Sued Over Stored Pages": Slashdot hosts this discussion.
Posted at 12:40 PM by Howard Bashman



"Rehny Watch": This new blog now features the Chief Justice William H. Rehnquist bobblehead doll (via "Wonkette").
Posted at 12:35 PM by Howard Bashman



"Nebraska gay-marriage ruling vastly expands rights": Douglas Lee has this commentary online at the First Amendment Center.
Posted at 12:24 PM by Howard Bashman



"Bush asks senators for advice on court pick; White House move garners bipartisan support with its attempts to avoid another bitter battle": This article appears today in The San Francisco Chronicle.

And The Amarillo Globe-News today contains an editorial entitled "'Til death do us part, except for judicial nominees."
Posted at 12:20 PM by Howard Bashman




Forthcoming blog-related speaking appearances: On Wednesday, July 27, 2005, I'll be in Houston, Texas to speak over lunch to the Appellate Practice Section of the Houston Bar Association. The preceding evening, you might just find me in section 119 at Minute Maid Park, where the Houston Astros will be hosting my hometown Philadelphia Phillies.

On Saturday, October 29, 2005, I'll be participating in a panel discussion on the subject of law blogs at the 2005 Conference of the U.S. District Court for the Eastern District of California, taking place in Monterey, California.

Next, on Monday, November 7, 2005, I'm scheduled to be the guest of the University of Chicago Law School Chapter of the American Constitution Society, where I will be debating the Rumsfeld v. FAIR case against Kent Greenfield, the law professor who founded and serves as president of FAIR.

Finally, I've recently received an invitation to speak to the Federalist Society Chapter at Thomas M. Cooley Law School in Lansing, Michigan, and I'm in the process of trying to schedule a visit.

Sadly, still no blog-related speaking appearances to report that will require my presence in Hawaii, Alaska, Australia, or New Zealand, but hope springs eternal.
Posted at 12:14 PM by Howard Bashman




"Bush Says He'll Consider Woman for Court": Jesse J. Holland of The Associated Press provides this report.
Posted at 11:53 AM by Howard Bashman



Federal Circuit affirms decision holding Microsoft Corp. liable for infringing patent belonging to AT&T in connection with copies of the Windows operating system that had been replicated abroad from a master version sent from the United States: Today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit can be accessed at this link.

Circuit Judge Randall R. Rader dissented in an opinion that begins:

This court today determines that supplying a single "component" of a patented invention from the United States gives rise to endless liability in the United States under § 271(f) for products manufactured entirely abroad. To my eyes, this judgment disregards the existing international scheme of patent law with potential consequences beyond a "parade of horribles [in] the domestic software industry." Therefore, although agreeing that software may be a component of a patented invention under § 271(f) and that electronic transmissions of software from the United States must receive the same treatment as software shipped from the United States on disks, I respectfully dissent from the proposition that foreign manufacture of a mere component of a patented product creates liability in the United States under § 271(f).
The dissenting opinion can be accessed directly at this link.
Posted at 11:40 AM by Howard Bashman



Access online the transcript of this year's installment of the The American Constitution Society's annual Supreme Court Review: The transcript is available online at this link (via "ACSBlog").
Posted at 11:20 AM by Howard Bashman



"No Alberto: President Bush is leaning away from nominating Attorney General Alberto Gonzales to the Supreme Court." Online this morning at The Weekly Standard, Fred Barnes has an essay that begins, "Though he defended Attorney General Alberto Gonzales against conservative critics, President Bush now appears highly unlikely to nominate Gonzales to replace retiring Supreme Court justice Sandra Day O'Connor. Nor is Gonzales expected to be chosen to fill a second vacancy on the high court should Chief Justice William Rehnquist or another justice steps down in the near future."
Posted at 11:10 AM by Howard Bashman



"Playing Defense: A Coach's Lawsuit Poses Challenge For Time Inc.; Publisher's Sports Illustrated Relied on Unnamed Source For a Raunchy Expose; A Dancer Called 'Destiny.'" This front page article (pass-through link) appears today in The Wall Street Journal.
Posted at 11:00 AM by Howard Bashman



"Nation's Shirtless, Shoeless March On Washington For Equal-Service Rights": The Onion provides this report.
Posted at 10:12 AM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Some Senators Want Non-Judge on Court."

David Kravets reports that "Court Considers Canada Cattle Imports."

And in other news, "Judge Back at Work Months After Murders" and "U.S. Judge Slams New Deportation Law."
Posted at 10:00 AM by Howard Bashman




"On Eminent Domain, Many Shifting Stances": The New York Times today contains a news analysis that begins, "It should be familiar ground for Democrats, defending the little guy against big-money interests, but on the question of whether a string of modest waterfront homes in New London, Conn., should be seized by the government for private development, the Democrats dithered while the Republicans charged into battle."
Posted at 07:38 AM by Howard Bashman



"A low-key return for Lefkow; Judge bars mention of February slayings": The Chicago Tribune today contains an article that begins, "The only clue that U.S. District Judge Joan Lefkow was back on the bench Tuesday was the notice posted on the door to her courtroom. It expressed Lefkow's gratitude for the outpouring of sympathy over the February murders of her husband and mother. Then it said simply: 'In court proceedings, Judge Lefkow respectfully requests that no reference be made to the matter.'"
Posted at 07:35 AM by Howard Bashman



"White House Seeks Democrats' Ideas on High Court Vacancy; Senators of both parties are being consulted on who should replace O'Connor; Laura Bush volunteers that it should be another woman": Maura Reynolds has this article today in The Los Angeles Times.

Today in The Chicago Tribune, Jan Crawford Greenburg and Jill Zuckman have an article headlined "Look past courts for new justice, senators advise; No names listed in meeting with Bush."

USA Today reports that "Bush gets court advice, some unexpected."

The Pittsburgh Post-Gazette reports that "Bush solicits senators' advice on Supreme Court nominee; At White House breakfast, president offers no names of possible choices."

The Boston Globe reports that "Bush urged to look beyond career judge; Senators push for a justice with a broader view."

The Houston Chronicle reports that "First lady wants woman appointed to high court; At least 2 Texas women are on the president's list of possible nominees."

The New York Daily News contains an article headlined "Laura: Name woman to high court."

Financial Times reports that "Senators hopeful of finding consensus court candidate."

The Washington Times reports that "Bush meets Senate leaders."

The Rocky Mountain News contains an article headlined "Looking toward West; Support builds for Colo. nominee to fill high court vacancy."

The Orange County Register reports that "Boxer throws the names of 2 state justices into the ring."

The Times-Picayune reports that "High court process gets high praise; Landrieu says Bush reaches out to Demos."

The Manchester (N.H.) Union Leader reports that "Gregg's name surfaces for high court."

And The Charleston Gazette reports that "Byrd, Bush discuss court; President calls senator for advice."

In commentary, The Toledo Blade contains an editorial entitled "Health of the court."

The Los Angeles Times contains an op-ed by Law Professor Erwin Chemerinsky entitled "Let the grilling begin" and an op-ed by Law Professor Orin S. Kerr entitled "Cheat sheet to Supreme Court speak."

In The Dallas Morning News, Mark Davis has an op-ed entitled "No room for whim in nomination process."

And in The Daily Texan, James Burnham has an op-ed entitled "Much ado about nothing."
Posted at 07:33 AM by Howard Bashman




"U.S. Berated Over Indians' Treatment; Judge Orders Interior Dept. to Send Written Warnings About Its Credibility": This article appears today in The Washington Post.
Posted at 07:12 AM by Howard Bashman



"Keeper of Expired Web Pages Is Sued Because Archive Was Used in Another Suit": The New York Times contains this article today.
Posted at 07:10 AM by Howard Bashman



"Appeals Court May Be Leaning Toward Overturning Quattrone Conviction": This article appears today in The New York Sun.

And The New York Times today reports that "Judges Cite Concerns Over Trial of Banker."
Posted at 07:04 AM by Howard Bashman




"When Should Fourth Amendment Violations Lead to Suppression of Evidence? The Supreme Court Takes a 'Knock and Announce' Case." FindLaw commentator Sherry F. Colb has this essay today.
Posted at 06:44 AM by Howard Bashman


Tuesday, July 12, 2005


Door-to-door vacuum cleaner salespersons, a local ordinance requiring those individuals to provide their fingerprints and post a $1,000 bond, and a lawsuit seeking to enjoin the ordinance as an improper infringement on protected commercial speech: The U.S. Court of Appeals for the Tenth Circuit issued this ruling today.
Posted at 11:04 PM by Howard Bashman



"Legal Analysts Critical of N.Y. Times Reporter's Stance in Leak Probe": Howard Kurtz will have this article Wednesday in The Washington Post.
Posted at 11:00 PM by Howard Bashman



"Senators Advise Bush on Picking a Supreme Court Nominee": Wednesday's issue of The New York Times will contain this article.

And The Washington Post on Wednesday will contain an article headlined "Bush Begins Consultation With Key Senators."
Posted at 10:58 PM by Howard Bashman




"Let's get another touchstone": Today in The Fort Worth Star-Telegram, Don Erler has an op-ed that begins, "The slender Supreme Court majority that outlawed public displays of the Ten Commandments in last month's McCreary County vs. ACLU decision included its recently retired Justice Sandra Day O'Connor. Let's hope that her replacement will reduce those five votes to four."
Posted at 10:54 PM by Howard Bashman



"Supreme Court Nominations and the Political Middle": This segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here and Now."
Posted at 10:50 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Bush, Lawmakers Discuss Court Vacancy" and "Missouri Execution Case Reopened" (RealPlayer required).
Posted at 10:45 PM by Howard Bashman



"Bush makes nice on his court pick": This article will appear Wednesday in The Hill.
Posted at 10:44 PM by Howard Bashman



"A plain error irony in Sensenbrenner's letters": The "Sentencing Law and Policy" blog provides this post and notes that the letters in question can be accessed here.
Posted at 10:40 PM by Howard Bashman



"The Gonzales Game: Is he really the best Supreme Court pick liberals can hope for?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:33 PM by Howard Bashman



"Philadelphia health care advocacy firm sues search-engine operators; Lawsuit against company that locates old Web postings is the first legal challenge to Internet archiving, experts say": This article appears today in The Star-Ledger of Newark, New Jersey. The complaint can be accessed here, and the "The Patry Copyright Blog" offers a post titled "The Way Back Machine and Robots.txt."
Posted at 10:15 PM by Howard Bashman



"Senate leaders suggest Bush should look outside judiciary": Jan Crawford Greenburg and Jill Zuckman will have this article Wednesday in The Chicago Tribune.

And James Kuhnhenn of Knight Ridder Newspapers reports that "Senators urge Bush to select nominee from outside federal judiciary."
Posted at 10:10 PM by Howard Bashman




In news from Colorado: The Denver Post reports today that "Auman takes plea deal; Accessory in officer's death agrees to 20-year term, avoids retrial."

And The Rocky Mountain News today contains articles headlined "Plea ends prison time for Auman; Woman imprisoned in cop slaying to go to halfway house" and "Law at controversy's center; Auman's conviction shined spotlight on felony murder rule."
Posted at 06:00 PM by Howard Bashman




"Court Upholds New Federal Logging Rules": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 05:54 PM by Howard Bashman



"Call for No Consensus!" The American Center for Law and Justice is seeking support for this online petition. (Via Alliance for Justice's Supreme Court Watch "Insider Scoop" blog.)
Posted at 05:50 PM by Howard Bashman



"Al Gonzales is a great friend of mine": USA Today quotes President Bush as having said that in an interview which was the subject of an article published one week ago today.

While it certainly would be unusual for a President to appoint a foe to serve on the U.S. Supreme Court, all the talk about President Bush's possible nomination of his "friend" Alberto Gonzales has caused me to wonder about the other instances when a President nominated a bona fide friend to serve on the Supreme Court, and also whether the friendship survived the Justice's later service on the Court.

For example, Justice Byron R. White has been described (see here and here, for example) as a friend of President John F. Kennedy. President Kennedy, however, was assassinated the year after Justice White joined the Court.

A list of all the Justices who have served on the Court can be accessed here. Were any of these other Justices actually friends of the President who nominated them, and if so did the friendship continue thereafter? Answers are invited via email.

Update: A reader emails:

There are many examples of Presidents who appointed personal friends to the Supreme Court. For example, President F.D. Roosevelt was friendly with several of his appointees, including Justice Douglas, who apparently was a regular poker buddy at the White House, and Justice Jackson, among others. As to the Roosevelt-Jackson relationship, see, e.g., Justice Scalia's opinion in chambers declining to recuse himself in Cheney v. U.S. District Court (March 18, 2004) and sources cited therein.

President Truman was roundly criticized for appointing "cronies" to the Supreme Court, including Chief Justice Vinson, as well as Justice Burton and Justice Minton, both of whom were friends from his Senate years.

President L.B. Johnson was an intimate friend of Justice (and Chief Justice-designate) Fortas, who had been Johnson's personal lawyer for more than 25 years, including representing him in the Stevenson v. Johnson election litigation in 1948.

The author of this email also notes that the web site "A Vacancy on the Court" contains a page titled "Rewarding Personal or Political Friends."
Posted at 05:44 PM by Howard Bashman



"First Lady Wants A Woman Justice": The Washington Post provides this news update.
Posted at 05:12 PM by Howard Bashman



"Branzburg v. Hayes, reporters' privilege & circuit courts": The First Amendment Center has posted online this handy guide.
Posted at 04:42 PM by Howard Bashman



"Bush and Senators Discuss Vacancy on Supreme Court": The New York Times provides this news update.

And Bloomberg News reports that "Bush Is Urged to Consider Non-judge for High Court."
Posted at 03:44 PM by Howard Bashman




"Judgment Day: President Bush should listen to his base, not his opponents." Mark R. Levin has this essay today at National Review Online.
Posted at 03:35 PM by Howard Bashman



"After all these years, our government still treats Native American Indians as if they were somehow less than deserving of the respect that should be afforded to everyone in a society where all people are supposed to be equal." So writes District Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia in a quite remarkable decision issued today in the Indian Trust litigation captioned Cobell v. Norton.

Update: The Associated Press reports that "Judge Condemns Interior Department."
Posted at 03:33 PM by Howard Bashman




"Say It Loud: Even Antonin Scalia thinks that judicial candidates should talk about their beliefs." Jack C. Doppelt has this essay online today at The American Prospect.
Posted at 03:28 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Bush, Senators Confer on High Court Vacancy"; "Slate's Jurisprudence: Legal Shields for Journalists" (featuring Emily Bazelon); and "Swearing on the Quran in N.C. Court." RealPlayer is required to launch these audio segments.
Posted at 03:14 PM by Howard Bashman



"At issue is whether a permanent injunction barring defendant Thurston Paul Bell from promoting and selling unlawful tax advice is permissible under the First Amendment." So begins a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

Back on January 12, 2003, The New York Times reported on this case in an article headlined "Judge Orders Group to Stop Promoting Income Tax Evasion." It appears that the complete text of the article can be accessed here.
Posted at 03:05 PM by Howard Bashman




U.S. Court of Appeals for the Ninth Circuit issues its decision in Defenders of Wildlife v. Flowers: The answer to why defenders of wildlife would be involved in litigation adverse to flowers can be accessed here. In a nutshell, the majority on a divided three-judge panel appears not to give a hoot about threats to the survival of the Arizona cactus ferruginous pygmy-owl. You can learn more about the Arizona cactus ferruginous pygmy-owl here, here, here, here, here, and here.
Posted at 02:42 PM by Howard Bashman



Reuters is reporting: In news pertaining to the U.S. Court of Appeals for the Second Circuit, "Ex-banker Quattrone argues for trial reversal."

And an article headlined "Wachovia a partial victor in key lending case" reports on this ruling that the Second Circuit issued yesterday.
Posted at 02:24 PM by Howard Bashman




"Hispanic Judges on Dems' List for Bush": The Associated Press provides this report.
Posted at 02:20 PM by Howard Bashman



For man convicted in federal court of wire fraud offenses for having successfully separated Joe Piscopo from $3 million of Piscopo's money, the price of plain error exceeds $100.00: Circuit Judge Diane S. Sykes of the U.S. Court of Appeals for the Seventh Circuit issued this decision today on behalf of a unanimous three-judge panel. Because the Seventh Circuit ends its decision by ordering that the defendant be re-sentenced due to a separate error, it will be interesting to see whether the new sentence will (or must?) include the additional $100 special assessment that the Seventh Circuit today holds unlawful but not unlawful enough to constitute plain error.
Posted at 02:14 PM by Howard Bashman



What's more baffling than a 56-page en banc patent claim construction decision from the U.S. Court of Appeals for the Federal Circuit? How 'bout a 56-page en banc patent claim construction decision that centers on the meaning of the term "baffles." Today the Federal Circuit issued its en banc ruling in Phillips v. AWH Corp.

"Patently-O: Patent Law Blog" analyzes the decision in a post titled "En Banc Federal Circuit Changes The Law of Claim Construction." And the blog "madisonian theory" offers these thoughts.
Posted at 02:00 PM by Howard Bashman




"Bush Doesn't Tip Hand on Court Nominees": The Associated Press provides this report, while Reuters reports that "Bush, senators discuss names for Supreme Court job."
Posted at 12:20 PM by Howard Bashman



Video available online from C-SPAN: The following video clips require RealPlayer:Much additional video content can be accessed online via C-SPAN's "Supreme Court" web page.
Posted at 12:00 PM by Howard Bashman



In today's edition of The Hill: In addition to the articles I noted here earlier this morning, the newspaper today also reports that "Brownback set to hold meeting with Gonzales."

And a newsbrief headlined "Dems huddle on Sensenbrenner action" begins, "Democrats yesterday were considering a response to a news report that House Judiciary Chairman James Sensenbrenner (R-Wis.) chastised the 7th U.S. Circuit Court of Appeals in Chicago for giving a drug courier what he considered to be a light sentence."
Posted at 11:40 AM by Howard Bashman




Available online from The Washington Post: The newspaper has launched its "Campaign for the Supreme Court" blog, and comments are allowed.

Also, today's Tom Toles cartoon looks at President Bush's impending choice of a U.S. Supreme Court nominee.
Posted at 11:30 AM by Howard Bashman




"No-Comment Is Common at Hearings for Nominees": The New York Times today contains an article that begins, "Each time senators asked Sandra Day O'Connor about her views on a specific topic like abortion during her Supreme Court confirmation hearings in 1981, she looked down at a piece of paper that had been prepared for her and read, 'I do not believe as a nominee I could tell you how I would vote.'"
Posted at 11:10 AM by Howard Bashman



"Nan Aron, president of the Alliance For Justice, redefining the Gang of 14's filibuster agreement": "Radio Blogger" provides this transcript from yesterday's broadcast of the Hugh Hewitt radio show.

As the transcript reflects, Aron argued that the "Memorandum of Understanding on Judicial Nominations" that avoided an attempt to invoke the so-called "nuclear option" in the U.S. Senate does not expressly state that Janice Rogers Brown, William H. Pryor, Jr., and Priscilla Owen fail to satisfy the "extraordinary circumstances" threshold for filibuster. While this is a plausible construction of the memorandum, I'll leave it to others to judge whether this construction is persuasive.
Posted at 10:55 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "President, Senate Leaders Meet over O'Connor Vacancy" and "Supreme Court Vacancy" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.
Posted at 09:55 AM by Howard Bashman



"Reid Confident a 'Consensus' Court Candidate Will Emerge": The Washington Post provides this news update.

The Associated Press reports that "Bush Listens to Senators on Court Vacancy."

And Reuters reports that "Bush, senators discuss names for Supreme Court job."
Posted at 09:50 AM by Howard Bashman




"Was the wrong man executed?" This article appears today in The St. Louis Post-Dispatch. The newspaper also provides online the text of the "NAACP Legal Defense and Educational Fund report on Larry Griffin."
Posted at 07:28 AM by Howard Bashman



"Secrecy Is Lifted in Some Tax Court Trials": The New York Times today contains this article.
Posted at 07:24 AM by Howard Bashman



"Bush invites Senate leaders to discuss court choices; Democrat ready 'to start talking names,' but Republican doubts any will come up": Jill Zuckman and Jan Crawford Greenburg have this article today in The Chicago Tribune.

The Washington Post today contains a front page article headlined "Bork's Shadow Looms Over Court Opening; Defeat of '87 Nomination a Model for Liberals, a Lesson for Conservatives."

The New York Times reports that "Democratic Leader Discounts a Filibuster."

The Washington Times reports that "Bush heeds calls to consult on pick for top court."

In The Dallas Morning News, Todd J. Gillman reports that "Supreme battle is brewing; Court fight could make Bork, Thomas hearings seem relatively genteel."

The Denver Post reports that "State justice touted as nominee; Praised by members of both parties, Rebecca Love Kourlis is among the people being suggested to the White House, sources say."

The Journal News of Westchester, New York reports that "Schumer guesses Rehnquist might stay awhile."

And The Hill reports that "GOP aims for speedy hearings" and "Timing looms large."

In commentary, The Boston Globe contains an op-ed by Thomas Oliphant entitled "Bush faces test on abortion" and an op-ed by Peter S. Canellos entitled "With a politician's eye, O'Connor led the way."

In the Arizona Republic, columnist E.J. Montini has an op-ed entitled "Rehnquist is No. 1, O'Connor is No. 3, Baloney is No. 2."

In The Baltimore Sun, Law Professor Sherrilyn A. Ifill has an op-ed entitled "Supreme Court should include a diversity seat."

In The Washington Times, Manuel A. Miranda has an op-ed entitled "Advice on court picks."

In The St. Paul Pioneer Press, Law Professor David Stras has an op-ed entitled "O'Connor retiring with dignity from the Supreme Court."

In The San Jose Mercury News, columnist Sue Hutchison has an op-ed entitled "Even those often at odds with O'Connor will miss her."

And FindLaw commentator Joanna Grossman has an essay entitled "What Might Two Supreme Court Vacancies Mean for Reproductive Rights? While the Federal 'Partial Birth' Abortion Ban Has Been Held Invalid, The Composition of the Court is About to Change."
Posted at 07:10 AM by Howard Bashman




"Bush Taps Randy 'Macho Man' Savage to Fill High Court Vacancy": Ridiculopathy.com provides this report.
Posted at 07:00 AM by Howard Bashman



"Eminent Domain Put On Hold In Connecticut; Communities Put On Notice Pending Revision Of State Law": The Day of New London, Connecticut today contains an article that begins, "State legislators declared a moratorium Monday on the use of eminent domain in Connecticut, saying no municipality -- including New London -- should go forward with any plans until they have revised the law to protect the rights of private homeowners."

And The Hartford Courant reports today that "Land Seizure Laws To Get Review."
Posted at 06:54 AM by Howard Bashman



Monday, July 11, 2005


"Bush to meet with Senate leaders to discuss court vacancy": James Kuhnhenn of Knight Ridder Newspapers provides this report.
Posted at 09:20 PM by Howard Bashman



"Supreme Court Grants Stay of Virginia Execution": The Washington Post provides this news update.
Posted at 09:15 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Senate Leaders Set for Confirmation Fight."

In related news, "White House Focuses on Replacing O'Connor."

And in other news, "Execution Stayed for Va. Death Row Inmate." You can access the order here. In related coverage, Lyle Denniston of "SCOTUSblog" has a post titled "Execution delayed in DNA case."
Posted at 07:44 PM by Howard Bashman




"Watching Justices Adapt on the Bench": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:30 PM by Howard Bashman



"Federal Shield For Journalists Is No Panacea": This article (free access provided) appears today in The Wall Street Journal.
Posted at 05:55 PM by Howard Bashman



College journalists face Hosty work environment: Not too long ago, the First Amendment Center posted online an essay by David L. Hudson Jr. entitled "How much will Hosty ruling affect campus expression?" and an essay by Douglas Lee entitled "Hosty ruling on college press leaves heads scratching."
Posted at 05:45 PM by Howard Bashman



"Waiting at the High Court": Pete Williams, NBC Justice correspondent, provides this report.
Posted at 05:22 PM by Howard Bashman



Beef and salmon are on the menu for the Ninth Circuit: And to commemorate the occasion, the Clerk's Office has issued this press release.
Posted at 04:55 PM by Howard Bashman



"Bush prepared for more Supreme Court vacancies": Reuters provides this report.
Posted at 04:32 PM by Howard Bashman



"A Court at the Crossroads: A pivotal abortion case for the post-O'Connor Court." Terry Eastland has this essay in the July 18, 2005 issue of The Weekly Standard.
Posted at 12:33 PM by Howard Bashman



"If you're a judge from Massachusetts, don't expect a call from the president": The Lowell Sun today contains an article that begins, "Massachusetts' historic role as a hatchery of Supreme Court justices will go untapped as President Bush maneuvers to replace one, or possibly two, high-court judges this summer, court observers say."
Posted at 11:58 AM by Howard Bashman



"A Tale of Two Ediths: Some lessons can best be taught by a woman." Hadley Arkes has this essay today at National Review Online.
Posted at 11:55 AM by Howard Bashman



"Hatch: Senate Can Handle Dual Nominees." Jesse J. Holland of The Associated Press provides this report.
Posted at 11:42 AM by Howard Bashman



Access online this past Saturday's installment of C-SPAN's "America & the Courts": C-SPAN describes Saturday's program as follows:
Fmr. White House Counsel Reginald Brown talks about the next steps in replacing Supreme Court Justice Sandra Day O'Connor. Justice John Paul Stevens follows with an address at the Sixth Circuit Judicial Conference in Mackinac Island, MI. The final segment is a stakeout with Time Magazine Reporter Matthew Cooper and New York Times Executive Editor Bill Keller.
You can view the program online, on-demand by clicking here (RealPlayer required).
Posted at 11:04 AM by Howard Bashman



"High Court Special Master Goes on Location": Tony Mauro's latest Courtside column, available here via law.com, begins, "Thanks to the Supreme Court, George Washington University Law School professor Gregory Maggs got to visit and fly over some of the most beautiful parts of Alaska."
Posted at 10:55 AM by Howard Bashman



To obtain the true picture of how the Third Circuit fared in the U.S. Supreme Court's October 2004 Term, it is necessary to delve beneath the surface: Today's issue of The Legal Intelligencer contains my annual look at how the U.S. Court of Appeals for the Third Circuit fared in the Supreme Court of the United States in the just-concluded Term.

In the four cases that originated from the Third Circuit, the Supreme Court affirmed once and reversed three times. Yet the Third Circuit's record of success improves to better than .500 when one considers cases in which the Supreme Court granted review to decide conflicts that expressly implicated the Third Circuit. I'll post online later this week the text of this month's column, in which I identify the specific cases on which I base these conclusions.
Posted at 10:15 AM by Howard Bashman




"Call Up the Troops, Then Clean the Grill; Summer's Hottest Social Issue: The Supreme Court in Flux." This article appears on the front page of the Style section today in The Washington Post.

And in case you missed it, on Friday Terry M. Neal had online an essay entitled "Gonzales Could Be Bush's Sista Souljah."
Posted at 10:04 AM by Howard Bashman




The Associated Press is reporting: Jesse J. Holland has articles headlined "Rehnquist's Decision Is the Talk of D.C." and "Hispanic Groups to Battle Over Nominee."
Posted at 09:55 AM by Howard Bashman



Chief Justice William H. Rehnquist either will or will not announce his retirement today: This post is guaranteed to be correct for so long as it remains visible.
Posted at 07:15 AM by Howard Bashman



"Property Rights Are Civil Rights; Opposition to the Kelo decision crosses racial and party lines": OpinionJournal today has posted online this essay by John Fund.
Posted at 07:14 AM by Howard Bashman



"Public Might Never See Results of CIA Leak Probe": Josh Gerstein has this article today in The New York Sun.
Posted at 07:08 AM by Howard Bashman



"Court choices unpredictable; GOP presidents chose 7 of 9 justices, but only 3 are reliably conservative": Jan Crawford Greenburg has this article today in The Chicago Tribune.

In The Baltimore Sun, Gail Gibson today has an article headlined "White House in no rush to pick court nominee; By slowing down the process, Bush can shield a candidate from scrutiny."

The Los Angeles Times reports that "High Court Fight Could Heat Up Senate's Summer; Work on a highway bill, Social Security measure and energy policy is likely to take a back seat."

The Rocky Mountain News reports that "Moderate urged for court."

And The Richmond Times-Dispatch reports that "Both sides on abortion issue gird for court fight; O'Connor's announcement has groups ramping up their efforts to get messages out."

In commentary, The Washington Post contains an editorial entitled "The Right Nominee."

The Toronto Star contains an editorial entitled "Name judges on merit."

In The Boston Globe, columnist Cathy Young has an op-ed entitled "O'Connor's true feminism."

And in The Seattle Post-Intelligencer, columnist Joel Connelly has an op-ed entitled "Bipartisan pact yields stellar judges."
Posted at 07:00 AM by Howard Bashman



Sunday, July 10, 2005


"Va. Man Nears Execution in Test of Destroyed DNA": This lengthy front page article will appear Monday in The Washington Post.
Posted at 11:55 PM by Howard Bashman



Available online from The American Prospect: Law Professor Cass Sunstein has an essay entitled "The Problem with Predictability: Many conservatives expect a Supreme Court justice whose opinions they can predict; Predictability may be a virtue in a political leader; For judges, it's a vice."

And Matthew Yglesias has an essay entitled "Originalist Sin: Judges like Clarence Thomas 'only' want to return to what they say is the original Constitution; That's much more radical than they want you to think."
Posted at 11:24 PM by Howard Bashman




Available from National Review Online: Edward Whelan has an essay entitled "Judicial Jeopardy: 'Justice Gonzales' supporters fail to make the case."

Andrew C. McCarthy has an essay entitled "Gonzales & the War: The president's Supreme Court choices are a matter of national security."

And Denis Boyles has an essay entitled "We're All in Kansas Now, Toto; Everyone into the cellar: Judicial activism's twister touches down in Topeka."
Posted at 11:10 PM by Howard Bashman




"For Time Reporter, Decision to Testify Came After Frenzied Last-Minute Calls": Adam Liptak will have this article Monday in The New York Times.
Posted at 11:05 PM by Howard Bashman



"Reporters aren't above the law: The courts have spoken in the Plame case; Why does the New York Times think it doesn't have to listen?" Michael Kinsley has this op-ed today in The Los Angeles Times.
Posted at 11:00 PM by Howard Bashman



Available online from The Weekly Standard: The July 18, 2005 issue will contain an editorial entitled "Judgment Day: What President Bush needs to keep in mind with the Supreme Court" and an essay by Jeffrey Bell and Frank Cannon entitled "The Bush Supreme Court: The president will be judged by the justices he picks."

In addition, Law Professor David M. Wagner has an essay entitled "Toss Away the Left's Schedule Sheet: Why the president should wait to announce his Supreme Court nominee(s)."
Posted at 10:50 PM by Howard Bashman




"Smoke shop suit will be reheard; The full, six-member appeals court will address certain aspects of the case involving the state police raid on the Narragansett Indian establishment in 2003": This article appears today in The Providence Journal. You can access Friday's order of the U.S. Court of Appeals for the First Circuit granting rehearing en banc at this link.

The earlier ruling in this case by a unanimous three-judge panel -- consisting of two First Circuit judges and a district court judge sitting by designation -- can be accessed here.
Posted at 10:40 PM by Howard Bashman




"Proposal would restrict talk on court cases; 'This would be a blanket gag order,' says executive director of The Reporters Committee for Freedom of the Press": The Providence Journal today contains an article that begins, "A proposal by the federal court in Providence would prevent parties to court cases, their lawyers and court employees from disclosing any information about any pending case unless that information is 'part of the public record' or a judge says it's OK."

You can access the proposed Amended Local Rules of the U.S. District Court for the District of Rhode Island at this link.
Posted at 10:30 PM by Howard Bashman




"Liberals Ready for Biggest Battle Yet; High Court Defeat Would Be Devastating, Coalition Leaders Say": This front page article will appear Monday in The Washington Post, along with an article headlined "Schumer: Democrats 'Will Not Roll Over'; White House Still Consulting Senators."

The New York Times on Monday will contain articles headlined "Specter Offers a Suggestion for Chief Justice: O'Connor" and "Ruling on Property Seizure Rallies Christian Groups."

And Monday in The Chicago Tribune, Jan Crawford Greenburg will have an article headlined "Rehnquist Court not easily defined by labels."
Posted at 09:50 PM by Howard Bashman




"Their Will Be Done: How the Supreme Court sows moral anarchy." OpinionJournal today provides access to this recent Wall Street Journal op-ed by Robert H. Bork.

And on Friday, The Los Angeles Times published an op-ed by Jonathan Chait entitled "Borking Bork Worked Out OK; It turns out he was a right-wing nut."
Posted at 09:10 PM by Howard Bashman




"Georgetown Univ. Law Center Panel on Justice O'Connor Legacy": Via C-SPAN, you can access online by clicking here (RealPlayer required) the video of this event, which occurred this past Thursday in Washington, DC.

And now that people are no longer asking "who is Marty Lederman," by watching this video beginning at 57 minutes and 20 seconds into the broadcast you can obtain the answer to the question "what does Marty Lederman look like?"
Posted at 08:40 PM by Howard Bashman




"Seeking a New Supreme Court Justice": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Sunday."
Posted at 08:30 PM by Howard Bashman



"Is Rehnquist Next?" CBS News provides this report.
Posted at 07:50 PM by Howard Bashman



"Supreme Court appointee will shape America long after Bush is gone": This article appears in Monday's issue of The Australian.
Posted at 07:48 PM by Howard Bashman



"Ideology Main Concern in Replacing O'Connor": FOXNews.com provides this report.
Posted at 07:45 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland has a report headlined "Will Senate Face Multiple Court Debates?"

And in related news, "Bush's Judges Already Making Their Mark."
Posted at 07:40 PM by Howard Bashman




"Lawmaker prods court, raises brows; Demands longer term in Chicago drug case": The Chicago Tribune today contains an article that begins:
In an extraordinary move, the chairman of the House Judiciary Committee privately demanded last month that the 7th U.S. Circuit Court of Appeals in Chicago change its decision in a narcotics case because he didn't believe a drug courier got a harsh enough prison term.

Rep. James Sensenbrenner (R-Wis.), in a five-page letter dated June 23 to Chief Judge Joel Flaum, asserted that a June 16 decision by a three-judge appeals court panel was wrong.

He demanded "a prompt response" as to what steps Flaum would take "to rectify the panel's actions" in a case where a drug courier in a Chicago police corruption case received a 97-month prison sentence instead of the at least 120 months required by a drug-conspiracy statute.

You can access the four-page, unanimous ruling of the U.S. Court of Appeals for the Seventh Circuit at this link, and an order amending opinion is available here. Circuit Judge Frank H. Easterbrook wrote the opinion. The blog "Sentencing Law and Policy" discusses the matter further here.
Posted at 07:38 PM by Howard Bashman



"How a new justice could change the court; If O'Connor's successor disagrees with any of her positions, precedents decided by a 5-to-4 majority could be vulnerable": Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 07:08 PM by Howard Bashman



Philadelphia Phillies 5, Washington Nationals 4 (12 innings): My son and I spent the afternoon at Citizens Bank Park, where the hometown Phillies in extra innings beat the National League East leading Nationals (wraps and box score available here). The Phillie Phanatic had to leave the game early to depart for Detroit, where he will be joining three Phillies players at the All Star Game.
Posted at 06:58 PM by Howard Bashman



"Polarized Panel Awaits High Court Nominee": This front page article appears today in The Washington Post, which also contains an article headlined "O'Connor's Exit Energizes Va. Abortion Debate."

The Los Angeles Times today contains a news analysis headlined "Bush Caught in GOP Riptide Over High Court; Choosing a nominee, or two, who will satisfy competing interests may prove to be a struggle" and an article headlined "Ready, Set Legal Activists Await Bush's Go; Groups on the right and the left are researching every name rumored as a high court nominee, eager to storm the 24-hour news cycle."

The Boston Globe contains articles headlined "Abortion rulings difficult to gauge; Cases don't turn on right to privacy" and "Should justices be elected?"

Newsday contains an article headlined "Talks on filling O'Connor seat; Meeting this week between president and Senate leaders comes amid rumors that Rehnquist will retire."

The Sacramento Bee reports that "O'Connor's moral compass rooted in West; With justice's retirement, the Supreme Court loses a unique regional perspective."

The July 18, 2005 issue of Newsweek magazine contains an article headlined "The Supreme Sales Team: As rumors fly about the possibility of more resignations, the White House eyes its right flank."

The Kansas City Star reports that "Executive powers a stealth issue in debate over high court nominee."

The Hearst Newspapers report that "'Rehnquist revolution' winds down; States' rights lost some ground during justices' most recent term."

The Philadelphia Inquirer reports that "Specter to star in high-wire act for court debate."

The Advocate of Baton Rouge, Louisiana reports that "Landrieu key in Justice selection."

And The Brownsville Herald reports that "O'Connor's resignation prompts hope for Hispanic justice."

In commentary, The Boston Globe contains an editorial entitled "Privacy at stake," while columnist Ellen Goodman has an op-ed entitled "'Mother' of all justices."

The Washington Times contains an editorial entitled "Republicans and the Supremes."

In The Washington Post, columnist George F. Will has an op-ed entitled "The Case For Justice Wilkinson," while Law Professor Cass R. Sunstein has an op-ed entitled "Role Reversal and the High Court."

In The Houston Chronicle, columnist Cragg Hines has an op-ed entitled "Is Gonzales prospect real or a feint as Bush decides?" And Lou Cannon has an op-ed entitled "Nominations the Reagan way: Use politics, not ideology to choose nominees."

In The Salt Lake Tribune, Pat Shea has an op-ed entitled "The confirmation process: Do we row or wade?"

And finally for now, in The Amarillo Globe-News, John Kanelis has an op-ed entitled "Gonzales is ideal choice for court."
Posted at 08:30 AM by Howard Bashman



Saturday, July 09, 2005


"US judge set to lose home under law he brought in": Sunday's edition of The Telegraph (UK) contains an article that begins, "A US Supreme Court Judge could lose his country farmhouse thanks to a controversial law which he himself voted to bring in. Furious protesters are plotting to seize David Souter's $150,000 (£86,400) 19th century home and turn it into a hotel after he voted to give towns the legal right to make compulsory purchases."
Posted at 08:24 PM by Howard Bashman



In the July 18, 2005 issue of U.S. News & World Report: An article is headlined "Supreme fight to the finish; Big bucks, bad blood--a court battle like no other."

In related commentary, Michael Barone has an essay entitled "Our House of Lords." And John Leo has an essay entitled "A Judge With No Agenda."

An article reports that "A murky case takes a bizarre twist; A Times reporter goes to jail to protect a source."

And an article headlined "A New Sheriff in Town" begins, "Mike Chertoff is no stranger to big challenges--and he doesn't mind playing the villain."
Posted at 08:22 PM by Howard Bashman




On today's broadcast of NPR's "Weekend Edition - Saturday": The broadcast contained segments entitled "'Original Meaning' and the Next Supreme Court Justice" and "N.C. Judge Forbids Quran in Witness Swearing In." RealPlayer is required to launch these audio clips.
Posted at 08:15 PM by Howard Bashman



Also in Sunday's edition of The New York Times: In the Week in Review section, Linda Greenhouse will have an article headlined "Under the Microscope Longer Than Most." And John M. Broder will have an article headlined "Have a Seat, Your Honor (Presidents Wish It Were That Easy)."

Tomorrow's newspaper will also contain an article headlined "Democrats Seek Greater Voice in Nomination, Telling Bush It Would Ease Process."
Posted at 07:30 PM by Howard Bashman




"Reid: Pick Nominee in Earl Warren Mold." The Associated Press provides this report. And you can access online the "Text of Sen. Reid's Democratic radio address" delivered today.
Posted at 05:02 PM by Howard Bashman



"Democrats seek court nominee with 'big heart'": Thomas Ferraro of Reuters provides this report.
Posted at 05:00 PM by Howard Bashman



"In New Court, Roe May Stand, So Foes Look to Limit Its Scope": Robin Toner and Adam Liptak will have this article Sunday in The New York Times.
Posted at 04:35 PM by Howard Bashman



"Eminent Disdain": In today's edition of The New York Times, Paul Bass and Douglas W. Rae have an op-ed that begins, "With all the debate over who will replace Justice Sandra Day O'Connor, one of the most shocking Supreme Court decisions in recent history has disappeared from the headlines."
Posted at 11:52 AM by Howard Bashman



The Los Angeles Times is reporting: Today's newspaper contains articles headlined:
Posted at 11:50 AM by Howard Bashman



"Newspaper Withholding Two Articles After Jailing": The New York Times today contains an article that begins, "The editor of The Cleveland Plain Dealer said last night that the newspaper, acting on the advice of its lawyers, was withholding publication of two major investigative articles because they were based on illegally leaked documents and could lead to penalties against the paper and the jailing of reporters."
Posted at 11:44 AM by Howard Bashman



"Blogs seen as powerful new tool in U.S. court fight": Reuters provides this report.
Posted at 11:40 AM by Howard Bashman



"Appeals Court Voids Ban on 'Partial Birth' Abortions": This article appears today in The New York Times.

The Lincoln Journal Star today contains an article headlined "Appeals court: Abortion ban unconstitutional."

And The St. Louis Post-Dispatch reports that "Ruling may threaten Missouri abortion law."

I first noted yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit in a post you can access here.
Posted at 07:54 AM by Howard Bashman




"Teacher, student sex law expanded; 'French-kissing’ ruled illegal": The Kansas City Star today contains an article that begins, "A recent Kansas law that makes sex illegal between a teacher and student older than 16 applies even if they only engage in 'French-kissing.' The ruling by the Kansas Court of Appeals Friday was the first time the issue has been addressed on appeal, spurred in part by two Johnson County cases involving teachers and students older than the age of consent."

You can access yesterday's ruling of the Court of Appeals of Kansas at this link. The kissing at issue in the case occurred between a female teacher and a female student.
Posted at 07:50 AM by Howard Bashman




Available online from law.com: Articles are headlined "Who Do Conservatives Want for the High Court?" and "DOJ's Needs May Torpedo Gonzales as High Court Contender."

In other news, "Loss Causation Pleadings Standard in 2nd Circuit Defined."

And in news from Florida, "Judge Skips Criminal Cases as Feds Target His Secretary."
Posted at 07:45 AM by Howard Bashman




"Web site reveals justices' private sides": Media General News Service provides this report.
Posted at 07:44 AM by Howard Bashman


Friday, July 08, 2005


Available online from National Public Radio: On today's broadcast of "Morning Edition," Nina Totenberg had a segment entitled "A Look at the Short List to Fill O'Connor Vacancy."

And this evening's broadcast of "All Things Considered" contained a segment entitled "Democrats Prepare to Vet a Supreme Hopeful."

RealPlayer is required to launch these audio segments.
Posted at 11:50 PM by Howard Bashman




"A Prosecutor Who Didn't Back Down: Patrick J. Fitzgerald pushed for the jailing of two reporters who refused to testify; Legal observers disagree on whether he was right." This article appears today in The Los Angeles Times.
Posted at 11:45 PM by Howard Bashman



In Saturday's edition of The Washington Post: The newspaper will contain a front page article headlined "Business Pushes Its Own Brand Of Justice; Tough Lobbying For Court Seat."

And in other news, "Court Watchers Are Resigned to Wait; Rehnquist Keeps Washington Guessing About a Second Vacancy."
Posted at 11:42 PM by Howard Bashman




"Judge Urged to Dismiss Gay Military Case": In news from Boston, The Associated Press reports here that "A federal prosecutor urged a judge Friday to dismiss a legal challenge to the U.S. military's 'don't ask, don't tell' policy on gay service members, arguing that only Congress can change it."

And The Los Angeles Times provides a news update headlined "Lawsuit Is Filed vs. Military Policy Against Homosexuals."
Posted at 11:40 PM by Howard Bashman




Fight For Your Right (To Party): The Boston Globe today contains an article headlined "Lawsuit asserts right to get drunk on private property."
Posted at 11:28 PM by Howard Bashman



The Green Bag announces even more details of its Justice Antonin Scalia bobblehead doll distribution policy: The specifics are available here.

Meanwhile, the eBay auction of a Justice Sandra Day O'Connor bobblehead that wrapped-up today ended with a winning bid of $207.50. This may suggest that the dolls become worth less (but not worthless) once the Justice they depict announces his or her retirement.
Posted at 11:20 PM by Howard Bashman




"Rumors Fly Over Rehnquist's Plans": Lawrence K. Altman and Linda Greenhouse will have this article Saturday in The New York Times.
Posted at 11:00 PM by Howard Bashman



A vehicle arises for the U.S. Supreme Court to test whether a ban of partial-birth abortion remains unconstitutional once Justice Sandra Day O'Connor is no longer serving on the Court: Today the U.S. Court of Appeals for the Eighth Circuit became the first appellate court to adjudicate the constitutionality of the federal Partial-Birth Abortion Ban Act of 2003. Readers may recall that challenges to the law were brought in California, Nebraska, and New York, and each federal district court declared the law unconstitutional.

Today a unanimous three-judge Eighth Circuit panel agreed that the federal law was unconstitutional under the U.S. Supreme Court's 5-4 ruling from 2000 in Stenberg v. Carhart, a case in which Justice O'Connor provided the crucial fifth vote for holding a state law prohibition on partial-birth abortion unconstitutional. You can access today's Eighth Circuit ruling at this link. The name of today's case, coincidentally, is Carhart v. Gonzales. The Carhart is the same in both cases, while the Gonzales is Attorney General (and possible Supreme Court nominee) Alberto Gonzales, who likely would recuse himself, if he is confirmed to the Supreme Court, from ruling on any of these three cases involving the constitutionality of the Partial-Birth Abortion Ban Act of 2003 because he is currently the named party in all of the cases.

Also, the Eighth Circuit's decision in this case and the likelihood that the federal government will seek U.S. Supreme Court review of that decision will enable whomever is nominated to the Supreme Court to refrain from testifying at his or her confirmation hearings on the subject of what abortion-related restrictions are permissible, because that nominee if confirmed would certainly be immediately facing cases presenting that very question. Whether the nominee's ability to duck such a question benefits pro-choice or pro-life forces will only be learned post-confirmation, when it's too late for the disgruntled side to do anything about it.

In coverage of today's ruling, The Lincoln Journal Star reports that "Appeals court: Abortion ban unconstitutional." The AP reports that "Neb. Court Upholds Partial Birth Decision." And at "SCOTUSblog," Lyle Denniston has a post titled "'Partial-birth' abortion case advances."
Posted at 10:40 PM by Howard Bashman




"Bush Discusses Court Candidates": The AP provides this report.

And Steven Thomma of Knight Ridder Newspapers has an article headlined "Parties at odds over Senate's role in picking high court nominee."
Posted at 10:33 PM by Howard Bashman




"Supreme Court Speculation Fuels Rumors": Gina Holland of The Associated Press provides this report.

FOXNews.com reports that "D.C. Wonders When Rehnquist Will Go."

The blog "Wonkette" chronicles the day's media frenzy in posts titled "Rehnquist Rumors Suggest That Blogs Not Always Reliable" and "Rehnquist: Fat Lady to Sing? (Sort of Liveblogging)."

RedState.org today offered posts titled "William H. Rehnquist, Chief Justice of the United States (Ret.)?"; "SCOTUS Daily Recap"; and "Rehnquist To Retire TODAY -- Or Not."

Meanwhile, the folks at "SCOTUSblog" remained justifiably confident (see "removed" posts here and here) that Chief Justice William H. Rehnquist wouldn't announce his retirement on a day when I was traveling out-of-town for work and was thus unable to chronicle in real-time the resulting tumult.
Posted at 10:20 PM by Howard Bashman




Programming note: My day job has me in Columbia, South Carolina today, where I will be presenting an oral argument a bit later this morning.

Although yesterday's very distressing news from London calls into question the continued validity of the widespread rumor that Chief Justice William H. Rehnquist will announce his retirement today, should that rumor prove true I will have complete coverage once I return home to Philadelphia later today.
Posted at 07:30 AM by Howard Bashman




"Scholars & Scribes Review the Rulings: The Supreme Court's 2004-2005 Term." That's the title of an event that The Heritage Foundation hosted yesterday, and you can view archived video of the event online by clicking here (RealPlayer required).
Posted at 07:15 AM by Howard Bashman



Available online from CNSNews.com: "'No Doubt' Rehnquist Is Retiring, Legal Expert Insists" and "Gonzales: 'Constitution Is What the Supreme Court Says.'"
Posted at 07:12 AM by Howard Bashman



"Early high court review of same-sex marriage ruling urged": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:08 AM by Howard Bashman



In today's issue of The Los Angeles Times: An article is headlined "Confronting Abortion Anew; Both sides in the fight see a test case in their struggle to recruit a generation that has come of age after 1973's Roe vs. Wade ruling."

And the newspaper contains an editorial entitled "Gonzales' Fatal Flaw" that begins, "Our reasons may differ, but add our vote to the chorus of social conservative groups clamoring against a possible nomination of Alberto R. Gonzales to the Supreme Court."
Posted at 07:04 AM by Howard Bashman




"Lobbyist to Campaign For Bush Court Nominee; Gillespie Choice Marks Bid to Use GOP Muscle": This article appears today in The Washington Post. Also today, Al Kamen's "In the Loop" column is entitled "Bettor Days for Gonzales," while columnist Charles Krauthammer has an op-ed entitled "Philosophy for a Judge."

And CNN/Money provides a report headlined "Big biz draws up Supreme Court wish list; There's a lot at stake for corporate America in President Bush's nominee to succeed O'Connor."
Posted at 06:58 AM by Howard Bashman




The Washington Post is reporting: Today's newspaper contains articles headlined "GOP Plots Court Strategy With Rehnquist in Mind" and "Pragmatism Drove Bush In Texas Judicial Choices."
Posted at 12:10 AM by Howard Bashman



"Eminent-Domain Ruling Knits Rivals; High Court's Decision Puts Conservatives and Liberals Together, As Both Sides See Threats": This article (free access provided) appears today in The Wall Street Journal.
Posted at 12:08 AM by Howard Bashman


Thursday, July 07, 2005


Welcome to the D.C. Circuit, new judges: At "SCOTUSblog," Lyle Denniston has a post titled "Guantanamo hearings set in Circuit Court."
Posted at 11:00 PM by Howard Bashman



"Full Court Press: Business looks for a new ally on a bench that isn't always friendly." The July 18, 2005 issue of BusinessWeek will contain this news analysis.
Posted at 10:54 PM by Howard Bashman



"Out of Practice, Senate Crams for Battle Over Court Nominee": This article will appear Friday in The New York Times.
Posted at 10:15 PM by Howard Bashman



Available online from MSNBC: "High court nominee could be hot election topic; Background in 2004 races, nomination may have big impact in 2006, 2008" and "Previewing the battle over the nominee to be; Liberal and conservative groups ready no matter who is Bush's choice."
Posted at 08:50 PM by Howard Bashman



Available online from The New Republic: Dana Mulhauser has an essay entitled "Person of Rank: Why Rehnquist hasn't resigned yet."

And Law Professor Richard L. Hasen has an essay entitled "Twice Removed: Why Rehnquist should resign now."
Posted at 08:44 PM by Howard Bashman




"The Circus Comes to Town: If Bush nominates the right candidate for the Supreme Court, Democrats could be in trouble, again." Hugh Hewitt has this essay online today at The Weekly Standard.
Posted at 08:40 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "War Chests Fill on News of Supreme Court Vacancy" and "Testing the First Amendment for Journalists." RealPlayer is required to launch these audio segments.
Posted at 08:30 PM by Howard Bashman



In Friday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "How much sway interest groups will hold over court selection; They can have an effect; But despite the fury, their influence is only indirect" and "When a reporter is jailed: Judith Miller's incarceration could affect how sources use journalists to leak information."

Meanwhile, in commentary, Law Professor David R. Dow will have an op-ed entitled "A justice to keep America from straying." And Daniel Schorr will have an op-ed entitled "The chilly ripple effect of a jailed reporter."
Posted at 08:20 PM by Howard Bashman




"Melon plaintiff prevails": The News & Observer of Raleigh, North Carolina yesterday contained an article that begins, "The repo men came for Jackie L. Eley's Ford F150 at 4 a.m. She wasn't happy. When they wouldn't let her keep the 130 watermelons in the pickup's bed, the Hertford County woman got downright mad. She sued that very afternoon. On Tuesday, the N.C. Court of Appeals affirmed a decision finding that Greenville's Mid-East Acceptance Corp., which hired the repo men, had committed watermelon thievery. The company must pay Eley her legal fees and three times the watermelons' value, a total of almost $3,000, plus money spent on the appeal."

You can access Tuesday's ruling of the North Carolina Court of Appeals at this link.
Posted at 06:11 PM by Howard Bashman




Available online from National Public Radio: Ron Elving has a written essay entitled "Naming Two Justices Could Provide Political Balance."

And today's broadcast of "Morning Edition" contained segments entitled "Filling the Supreme Court Vacancy" (featuring Nina Totenberg) and "'New York Times' Reporter Jailed for Contempt." RealPlayer is required to launch these audio clips.
Posted at 05:35 PM by Howard Bashman




"Parental consent: The sleeper in the abortion fight." Columnist Peter Schrag had this op-ed yesterday in The Sacramento Bee.
Posted at 05:22 PM by Howard Bashman



"Legal Times Forum on Supreme Court Term Review": Thanks to C-SPAN, by clicking here (RealPlayer required) you can view online a very interesting program, featuring four U.S. Supreme Court advocates, that law.com's Tony Mauro hosted yesterday in Washington, DC.
Posted at 05:05 PM by Howard Bashman



"Retirement of Justice O'Connor Begins Fight Over Future of Country": Voice of America News provides this report.

The Chicago Tribune today contains articles headlined "Bush to go slow on nominee; Delay could cut time foes have to gear up" and "O'Connor was balanced in business, worker cases," along with an op-ed by columnist Steve Chapman entitled "What's wrong with a litmus test? The nation will soon see whether President Bush has the nerve to appoint a U.S. Supreme Court justice who wants to overturn Roe vs. Wade."

The Denver Post today contains an article headlined "Gonzales: 'I'm not a candidate'; AG still may be nominee for court."

The Associated Press reports that "Specter Pivotal in Supreme Court Battle."

U.S. News & World Report has posted online an article headlined "Court fight yet another battle for Specter." And columnist Michael Barone has an essay entitled "O'Connor departure may alter redistricting law."

Finally, The Capital Times of Madison, Wisconsin today contains an editorial entitled "Picking the right justice."
Posted at 05:00 PM by Howard Bashman




Greetings from Columbia, South Carolina: The incredible amount of rain lurking between here and Philadelphia did not manage to ruin the fulfillment of today's travel plans.
Posted at 04:50 PM by Howard Bashman



Programming note: During the day today, I'll be traveling to South Carolina in advance of an oral argument that I'll be presenting there tomorrow. Additional updates will appear later today.
Posted at 09:40 AM by Howard Bashman



"Reporter Jailed After Refusing to Name Source": Adam Liptak has this article today in The New York Times. The newspaper also contains articles headlined "A Difficult Moment, Long Anticipated" and "Response From Journalists Is Not Unanimous," along with an editorial entitled "Judith Miller Goes to Jail."

The Los Angeles Times reports that "Journalist Jailed for Not Revealing Source to Court; A New York Times reporter may face four months; Time magazine writer says he'll testify."

Josh Gerstein of The New York Sun has an article headlined "Miller of the Times Jailed for Contempt." The newspaper also contains an editorial entitled "Judith Miller in Jail."

And USA Today reports that "'Time' reporter to testify; 'N.Y. Times' reporter jailed; Cooper will reveal source to grand jury."
Posted at 07:10 AM by Howard Bashman




"Tone of Court Debate Decried; Bush objects to groups' efforts to sway his choice for vacant seat, citing attacks on Gonzales. President promises he won't use a 'litmus test'": This article appears today in The Los Angeles Times, along with a news analysis headlined "High Court Nomination May Prove a Deal-Breaker; The 14 Democratic and GOP senators who crafted an agreement on the use of filibusters appear to differ on when one would be allowed."

The Houston Chronicle today contains articles headlined "Factions line up for two Texas Hispanics" and "Cornyn taking lead on issue of court confirmation process; Senator says he wants to ensure that the nominee gets a fair hearing."

The Rocky Mountain News contains an article headlined "'Rare opportunity,' AG says on Denver trip."

The St. Petersburg Times reports that "Everyone's got advice for Bush on nominee; The president gets an earful: His Supreme Court nominee should oppose abortion; Or be pro-business; Or have moderate views."

The Boston Globe reports that "Timing on court nominee called key; Republicans warn early Bush pick could draw attacks."

USA Today contains a front page article headlined "Don't listen to advocacy groups on court vacancy, Bush tells senators; Conservative attack on Gonzales brings presidential rebuke."

The Tennessean reports that "Thompson to advise judicial nominee; Ex-senator to guide Bush's pick through confirmation process."

The Knoxville News-Sentinel reports that "Thompson to guide nominee for top court."

The Reno Gazette-Journal reports that "Senator urges moderate pick for high court."

The Deseret Morning News reports that "Bennett doesn't see filibuster of court nominee; It would be a 'lose-lose game' for Demos and they won't play, he says."

The Greenville News reports that "Judge Wilkins name enters high court mix."

And The Stanford Daily reports that "O'Connor resigns from Supreme Court; Stanford alumna steps down."

In commentary, The Denver Post contains an editorial entitled "Bush should follow own advice on court."

In The Chicago Sun-Times, Robert Novak has an essay entitled "Bush is biggest obstacle to a conservative court."

In The Wall Street Journal, Walter Olson has an op-ed entitled "The Next Sandra Day: Harry Reid may be willing to give up Roe v. Wade to get a trial lawyer on the Supreme Court."

In The Los Angeles Times, Law Professor Bruce Ackerman has an op-ed entitled "Bush and the Stealth Justice," while Margaret Carlson has an op-ed entitled "For Dems, Less Might Be More."

In The Washington Post, columnist David S. Broder has an op-ed entitled "Bush's Grievance," while columnist Richard Cohen has an op-ed entitled "The Judge for Me."

In The Detroit News, columnist George Weeks has an essay entitled "Engler has role in U.S. Supreme Court fight."

In The Rocky Mountain News, Vincent Carroll has an essay entitled "O'Connor's fuzziness."

In The Washington Times, Suzanne Fields has an op-ed entitled "The vigilantes get ready to pounce."

And yesterday in The San Diego Union-Tribune, Ruben Navarrette had an op-ed entitled "Gonzales for the Supreme Court."
Posted at 06:45 AM by Howard Bashman




"Sandra Day O'Connor's Retirement: A Strong Statement That It's Acceptable to Leave An Important Job An Important Job to Care for a Spouse Who Is Very Ill." FindLaw commentator Edward Lazarus has this essay today.
Posted at 06:24 AM by Howard Bashman


Wednesday, July 06, 2005


"Supreme Panic: Bush Ponders the First of What Will Be Many High-court Nominees." This article will appear in the July 8, 2005 issue of LA Weekly.
Posted at 11:24 PM by Howard Bashman



In Thursday's edition of The Washington Post: The newspaper will contain front page articles headlined "Bush Answers Gonzales Critics; President Decries Attacks From Right, Says Character Will Guide Nomination" and "In President's Strategy, Two Prongs Collide." And Charles Lane will have an article headlined "Divisive Issue Is Decisive for Some; Abortion Drives Wedge Between Conservatives and Gonzales."

In other news, a front page article will report that "N.Y. Times Reporter Jailed; Miller Refused to Testify About Source in CIA Leak Case." In related coverage, Howard Kurtz will have a news analysis headlined "A Case Most Clearly Defined By Its Shadows." And an editorial will bear the title "A Journalist Jailed."
Posted at 11:18 PM by Howard Bashman




"Bush Tries to Set Tempo for Nomination to Court": This article will appear Thursday in The New York Times.

And tomorrow's NYTimes will also report that "Democrats Adopt O'Connor as Model for Bush Court Pick."
Posted at 10:10 PM by Howard Bashman




"Justice O'Connor Retirment": This past Saturday's broadcast of C-SPAN's "America & the Courts" can be viewed online by clicking here (RealPlayer required).
Posted at 10:08 PM by Howard Bashman



"No hurry to select Supreme Court nominee, White House says": This article will appear Thursday in The Chicago Tribune.
Posted at 10:04 PM by Howard Bashman



"All the president's men: With O'Connor's retirement from the US supreme court, the Republican counter-revolution sees the chance of a lifetime." Sidney Blumenthal has this essay Thursday in The Guardian (UK).
Posted at 10:02 PM by Howard Bashman



"When it comes to judges, not all conservatives think alike; Bush says he'll look at records, not labels to make high court pick": David Jackson and Allen Pusey will have this article Thursday in The Dallas Morning News.
Posted at 10:00 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "How 'Winning' Cases Took a Wrong Turn at the High Court."

In other news, "Fla. Justice Gets Backing for U.S. Supreme Court Seat; Push is on to nominate state Supreme Court judge in wake of O'Connor retirement."

And in news from New York, "U.S. Asks Panel to Remove Judge in Terror Case."
Posted at 09:55 PM by Howard Bashman




Editor & Publisher is reporting: Now available online are articles headlined "Judith Miller's New Home in Alexandria Known as a 'New Generation' Jail" and "Jason Epstein, Judith Miller's Husband, Says She Was 'Not Dragged Off in Chains.'"
Posted at 09:30 PM by Howard Bashman



On this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer": The broadcast contained segments entitled "Senators Preview Supreme Court Battle" and "Reporter Jailed for Not Divulging Source in Leak Probe" (transcripts with links to audio).
Posted at 09:05 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Dems Want Talks With Bush on Nominees."

And in related news, "Sweeney fires unexpected salvo over Supreme Court."
Posted at 09:02 PM by Howard Bashman




"O'Connor and the Parameters of Possibility": Bruce Shapiro has this interesting essay online at The Nation.
Posted at 09:00 PM by Howard Bashman



"Judith Miller goes to jail": Lyle Denniston provides this interesting analysis at "SCOTUSblog."
Posted at 08:58 PM by Howard Bashman



"A Different Shortlist: How about an old-style conservative Supreme Court nominee?" Emily Bazelon and David Newman have this essay online at Slate.
Posted at 08:50 PM by Howard Bashman



Tomorrow in history: Twenty-four years ago tomorrow, as The Associated Press notes here, "President Reagan announced he was nominating Arizona Judge Sandra Day O'Connor to become the first female justice on the U.S. Supreme Court."
Posted at 08:34 PM by Howard Bashman



Notorious M.I.S.T.R.I.A.L. The Los Angeles Times provides a news update headlined "Mistrial Declared In B.I.G. Case."
Posted at 08:32 PM by Howard Bashman



"The Judge Wars: Borking didn't start with Bork." David Greenberg has this "history lesson" online at Slate.
Posted at 08:30 PM by Howard Bashman



Available online from National Public Radio: A written report is headlined "A History of Conflict in High Court Appointments."

And this evening's broadcast of "All Things Considered" contained segments entitled "Battle Expected over Supreme Court Nominee"; "GOP Downplays Conservative Critique of Gonzales"; "Reporter Miller Goes to Jail; Cooper Will Testify"; and "Attacks on Cooper, Miller are Attacks on Press."
Posted at 08:15 PM by Howard Bashman




"Bush Urges Civility in Debate Over Supreme Court Vacancy": The New York Times provides this news update.
Posted at 08:10 PM by Howard Bashman



"N.Y. Times Reporter Jailed for Refusing to Reveal Source; Time Magazine's Cooper Agrees to Testify, Saying Source Freed Him From Promise 'In Somewhat Dramatic Fashion'": The Washington Post provides this news update.

And the Knight Ridder Newspapers report that "Judge sends reporter to jail for refusal to testify in CIA leak case."
Posted at 08:07 PM by Howard Bashman




"Georgia gets distinct, and controversial, voice as chief justice": This article will appear Thursday in The Christian Science Monitor.
Posted at 05:25 PM by Howard Bashman



On today's broadcast of NPR's "Talk of the Nation": The broadcast contained segments entitled "Seeking Common Ground in the Abortion Debate" and "Update on Cooper, Miller Case" (RealPlayer required).
Posted at 05:14 PM by Howard Bashman



"New York Times Reporter Miller is Ordered to Jail; Time Inc. reporter agrees to testify in Plame case": The Los Angeles Times provides this news update.
Posted at 04:05 PM by Howard Bashman



"New York Times Reporter Is Jailed for Keeping Source Secret": Adam Liptak and Maria Newman provide a news update that begins, "A federal judge today ordered Judith Miller of The New York Times to be jailed immediately after she again refused to cooperate with a grand jury investigating the disclosure of the identity of a covert C.I.A. operative."

And The Associated Press reports that "Judge Orders Jail for N.Y. Times Reporter."
Posted at 03:38 PM by Howard Bashman




"Collectively, they erected a myrioramic array of exhibits, some of which (such as a nativity scene) were overtly religious." First Circuit Judge Bruce M. Selya is the author of this opinion issued today, on behalf of a unanimous three-judge panel, reversing an order enjoining Cranston, Rhode Island's policy that allowed private parties to erect holiday displays on a prime piece of public property, subject to certain administrative requirements and the approval of the mayor.
Posted at 02:50 PM by Howard Bashman



"Bush: Stop knocking Gonzales; At G-8 summit president also defends climate change policies." The Knight Ridder Newspapers provide this report.

The Associated Press provides a report headlined "Reid: Gonzales Qualified for High Court."

c|net News.Com reports that "Supreme Court vacancy fight goes online."

And Thursday's edition of The Christian Science Monitor will contain an article headlined "Court nominees will trigger rapid response; In an acceleration of past nomination battles, interest groups now send missives to millions - instantly."
Posted at 02:30 PM by Howard Bashman




"Bush says won't base court decision on abortion": Reuters provides this updated report.
Posted at 02:15 PM by Howard Bashman



"Ex-Sen. Thompson to Oversee Court Nominee": The Associated Press reports here that "President Bush has named former Tennessee Sen. Fred Thompson to help shepherd his yet-to-be named Supreme Court nominee through the Senate, White House spokesman Scott McClellan said Wednesday."
Posted at 11:44 AM by Howard Bashman



"Bush Denounces Early Frenzy Over Court Vacancy": The Los Angeles Times provides this news update.
Posted at 11:42 AM by Howard Bashman



"All politics, all the time": Lyle Denniston of "SCOTUSblog" provides this commentary about mainstream news media's coverage of who will replace Justice Sandra Day O'Connor.
Posted at 11:40 AM by Howard Bashman



"President Prepares For Supreme Court Battle": This segment (transcript with link to audio) appeared on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 11:22 AM by Howard Bashman



Available online at The American Prospect: Law Professor Kermit Roosevelt has an essay entitled "The Centrist Cannot Hold: Sandra Day O'Connor reigned supreme while on the Court, but she won't leave behind much of a legacy."

And Law Professor Michael C. Dorf has an essay entitled "Roe Reversal: Raich minus Roe could equal a national abortion ban."
Posted at 11:10 AM by Howard Bashman




"Big Corporations Finance the War on Bush's Judges; Why are they contributing to People for the American Way?" Byron York has this essay today at National Review Online.
Posted at 11:04 AM by Howard Bashman



"Advice and Consent: Attorney General Alberto Gonzales should take his name off the list for the Supreme Court." Terry Eastland has this essay online today at The Weekly Standard.
Posted at 11:00 AM by Howard Bashman



"Court nomination fight may stall GOP agenda": This article appears today in The Sacramento Bee.
Posted at 10:08 AM by Howard Bashman



"So Who Are the Activists?" Paul Gewirtz and Chad Golder have this op-ed today in The New York Times.
Posted at 10:02 AM by Howard Bashman



"Bush: No Litmus Test for Prospective Justices." The Washington Post provides this news update.
Posted at 09:55 AM by Howard Bashman



Available from National Review Online: Shannen W. Coffin has an essay entitled "The Left's Last Stand: It's judicial Armageddon."

Matthew J. Franck has an essay entitled "What Did Lincoln Say? The 16th president and SCOTUS nominees."

And Vincent Phillip Munoz has an essay entitled "The O'Connor Test: Farewell to her religion jurisprudence?"
Posted at 09:02 AM by Howard Bashman




"Nudist-camp appeal is upheld; Suit takes aim at law forcing minors to be accompanied by adults": The Richmond Times-Dispatch today contains an article that begins, "The federal appeals court in Richmond has kept alive the legal dispute over a Virginia statute that says juveniles going to nudist-camp programs must be accompanied by parents, grandparents or guardians." I noted yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit yesterday in a post you can access here.
Posted at 08:54 AM by Howard Bashman



"In-vitro new front in embryo war; Right-to life battle lines may be shifting to fertilized frozen embryos, which have helped millions of women conceive": This article appears today in The Chicago Tribune.
Posted at 07:25 AM by Howard Bashman



"Bush Talks About Supreme Court Vacancy": The Associated Press provides this report.

Reuters reports that "Bush denounces court wars, rules out 'litmus test.'"

Bloomberg News reports that "Bush Says He Won't Use Litmus Test for Supreme Court Nominees."

Tom Curry, national affairs writer for MSNBC, reports that "Senators prepare to question court nominee; A ritual of pointed questions and resistant responders."

The Los Angeles Times reports today that "Bush Starts Pondering O'Connor's Successor; The president reads up on high court candidates but offers few clues on choice or timing."

The Boston Globe reports today that "Sides prepare for a pricey high court campaign; Partisan groups raising millions."

In The Baltimore Sun, Gail Gibson reports that "For Bush, court pick could make history; Parallels to O'Connor seen if Gonzales is named."

The Washington Times reports that "Nominee will be named in 'weeks.'"

The South Florida Sun-Sentinel reports that "Group backs a state judge for top court; Lawyers' association: Raoul Cantero would be a strong nominee."

The New York Sun reports that "Schumer Sees Way to Block Bush on Court."

The News & Observer of Raleigh, North Carolina contains an article headlined "Two potholes in any Dole road to Supremes."

The News Journal of Wilmington, Delaware reports that "Biden seeks 'consensus' on nominee; Senator launches online petition drive on Supreme Court vacancy."

FOXNews.com reports that "Timing Key to Supreme Court Nomination." Also available is a transcript titled "Dan Bartlett on Picking a Justice."

And The Gallup Organization has issued a report entitled "Choosing a New Supreme Court Justice: Fifty-seven percent of weekly churchgoers say choice of next justice matters a great deal to them."

In commentary, The St. Petersburg Times contains an editorial entitled "Summer of mudslinging: The confirmation process for Sandra Day O'Connor's successor shouldn't degenerate into character assassination, but it will."

The Dallas Morning News contains an editorial entitled "Justice Gonzales? Take attorney general off the short list."

Online at Slate, William Saletan has an essay entitled "Rove v. Wade: The political case for an anti-Roe justice."

Today in Newsday, columnist Dennis Duggan has an op-ed entitled "Roe v. Wade is at heart of jurist debate."

In The Boston Globe, columnist Derrick Z. Jackson has an op-ed entitled "Now Bush plays Supreme Court roulette."

And In The Denver Post, columnist Al Knight has an op-ed entitled "O'Connor's successor worth a fight."
Posted at 07:24 AM by Howard Bashman




"It's Not Politics as Usual With Gov.'s Judicial Picks; Schwarzenegger must fill a state high court seat; His choices so far reflect party diversity": Maura Dolan has this article today in The Los Angeles Times.
Posted at 07:15 AM by Howard Bashman



"Justices shared swing-vote role in key court decisions": Michael McGough has this article today in The Pittsburgh Post-Gazette.
Posted at 07:14 AM by Howard Bashman


Tuesday, July 05, 2005


In Wednesday's edition of The Washington Post: Tomorrow's newspaper will contain a front page article headlined "Are a Nominee's Views Fair Game? Parties Voice Opposing Stances on Filibuster Deal as Court Fight Nears."

And in other news, "Time Reporter's Testimony Sought; Prosecutor Tries to Force Cooperation."
Posted at 11:25 PM by Howard Bashman




"Conservative Ire Could Aid Gonzales In High-Court Bid": This article (free access provided) will appear Wednesday in The Wall Street Journal.

And Wednesday's issue of USA Today will contain an article headlined "Bush's plea doesn't mute criticism of Gonzales."
Posted at 11:23 PM by Howard Bashman




"Florida lawyers push Cantero for high court vacancy": Wednesday's edition of The South Florida Sun-Sentinel will contain an article that begins, "Less than a week after U.S. Supreme Court Justice Sandra Day O'Connor announced her retirement, some South Florida lawyers are suggesting that President Bush nominate Florida Supreme Court Justice Raoul Cantero to succeed her."
Posted at 11:00 PM by Howard Bashman



Available online from law.com: An article reports that "Brown's Name in the Mix of Possible High Court Picks."

And in other news, "Supreme Court Decision Forces 11th Circuit to Revisit 17-Year-Old Murder Conviction; Federal appeals court must take another look at jury strikes in death penalty case."
Posted at 10:55 PM by Howard Bashman




"Pick another woman": Tony Mauro will have this op-ed Wednesday in USA Today.
Posted at 10:50 PM by Howard Bashman



In Wednesday's edition of The New York Times: The newspaper will contain articles headlined "With Few Legal Views on Record, Gonzales Faces Criticism From 2 Sides"; "G.O.P. Asks Conservative Allies to Cool Rhetoric Over the Court"; and "Fierce Defender of President to Lead Campaign for Court."

And in other news, Adam Liptak will have an article headlined "Prosecutor in Leak Case Calls for Reporters' Jailing."
Posted at 10:45 PM by Howard Bashman




"O'Connor's open mind appreciated": This editorial will appear Wednesday in The Atlanta Journal-Constitution.
Posted at 09:20 PM by Howard Bashman



In news from Canada: The Toronto Globe and Mail today contains articles headlined "Homolka: 'I will never really be free'; Jail sentence over, Karla Homolka heads to TV studio and says she's sorry" and "Families of victims stunned." A transcript of the TV interview, translated into English, can be accessed here.

The Toronto Star today contains articles headlined "Still pulling the strings" and "Homolka slips past media camp; Diversions staged by guards, police; Judge denies bid for reporting blackout."

The Montreal Gazette contains articles headlined "I'm not a danger: Homolka on the record; Freed killer expresses remorse, fear of being 'hunted down'" and "Judge gives media freedom to report on Homolka; Her lawyers had requested sweeping bans on coverage of her release and future life."

And The Associated Press reports that "Notorious Canadian Killer Out of Prison."
Posted at 09:15 PM by Howard Bashman




"Court Rules for Subway Franchise Owners": The Associated Press provides this report about an interesting punitive damages-arbitration decision (majority opinion here; concurring opinion here) that the Supreme Court of Connecticut issued today.
Posted at 09:00 PM by Howard Bashman



"Now the battle begins: Sandra Day O'Connor has announced that she is stepping down after 24 years on America's Supreme Court; The court's chief justice, William Rehnquist, is also expected to retire soon; Liberals and conservatives are preparing for a bruising battle over their successors." This article appears online at the web site of The Economist magazine.
Posted at 08:45 PM by Howard Bashman



"The Next Supreme Court": This segment (RealPlayer required) featuring Law Professor Pamela S. Karlan and Slate's Emily Bazelon appeared on today's broadcast of the public radio program "The Connection."
Posted at 08:15 PM by Howard Bashman



"Battle Over the Next Supreme Court Justice": This segment (RealPlayer required) featuring David G. Savage of The Los Angeles Times and Law Professor Jeffrey Rosen appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 08:12 PM by Howard Bashman



"Sens. resist grass roots on Gonzales": The Hill on Wednesday will contain an article that begins, "Despite resistance from conservative groups, Senate Republicans say that Attorney General Alberto Gonzales remains a viable candidate to be President Bush's Supreme Court nominee. Senate GOP support of a potential Gonzales selection comes after the president strongly defended Gonzales in a USA Today interview."
Posted at 08:02 PM by Howard Bashman



Fourth Circuit reinstates, in part, lawsuit challenging constitutionality of Virginia law regulating nudist camps for teens: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

In earlier press coverage, United Press International reported that "ACLU sues to allow teenage nudists." The Associated Press reported that "Punslinging governor amends teenage nudist camp bill." And the ACLU of Virginia previously issued press releases (in Microsoft Word format) entitled "ACLU Challenges Virginia Ban on Teen Nudist Camps" and "Appeals Court to Hear Arguments Tomorrow in Challenge to Law Banning Teen Nudist Camps; Argument is over standing to pursue litigation, not merits of the law."
Posted at 08:00 PM by Howard Bashman




"Property seizure backlash: State and federal lawmakers consider new limits on takings in the wake of court decision." This article will appear in Wednesday's edition of The Christian Science Monitor.
Posted at 07:48 PM by Howard Bashman



"The Front-Runners on Roe: What Bush's shortlist thinks about abortion." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:45 PM by Howard Bashman



"Choosing the Next Judicial Appointment for the Court of Appeals for the Federal Circuit": "Patently-O: Patent Law Blog" offers this post today.
Posted at 05:38 PM by Howard Bashman



"Anheuser-Busch Loses Hidden-Camera Case": The AP provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 05:30 PM by Howard Bashman



The wire services are reporting: Reuters reports that "Bush starts formal process of Supreme Court pick."

Meanwhile, from The Associated Press, Gina Holland reports that "Rehnquist May Become Second Court Vacancy." And in related news, "Schumer urges president to nominate moderate to succeed O'Connor."
Posted at 05:24 PM by Howard Bashman




"Boxer: Filibuster to block anti-abortion Supreme Court candidate." The Associated Press provides this report.
Posted at 04:22 PM by Howard Bashman



"Will Balance of Power Shift at High Court?" Today's broadcast of NPR's "Day to Day" included this segment (RealPlayer required) featuring Dahlia Lithwick and Emily Bazelon.
Posted at 04:20 PM by Howard Bashman



"Sandra Day O'Connor's Successor: What a New Supreme Court Justice Could Mean for Nonprofit Groups." Leslie Lenkowsky has this essay online today at The Chronicle of Philanthropy.
Posted at 02:54 PM by Howard Bashman



"Prosecutor Demands Time Reporter Testimony": The Associated Press provides this report.

And Reuters offers a report headlined "US prosecutor: jail for journalists in leak case."

Recent court filings in this case, pending in the U.S. District Court for the District of Columbia, can be accessed via this link.
Posted at 02:30 PM by Howard Bashman




"High court's vacancy puts spotlight on Virginian": This article appears today in The Virginian-Pilot.
Posted at 02:28 PM by Howard Bashman



"Will Bush nominate a woman? Interest groups opt for ideology over gender." Linda Feldmann and Warren Richey will have this article in Wednesday's edition of The Christian Science Monitor.

Relatedly, The Times and Democrat of Orangeburg, South Carolina recently published an article headlined "Karen Williams mentioned for open U.S. Supreme Court slot" (via "Southern Appeal").

And online at Newsweek, Andy Borowitz has an essay entitled "American Justice: Having distinguished herself as a judge for a popular TV-show contest, Paula Abdul is ready to serve on the U.S. Supreme Court."
Posted at 02:25 PM by Howard Bashman




"For Gonzales, a Familiar Cast at the Table; Attorney General Brought Key Aides From Previous Post in White House Counsel's Office": This article appears today in The Washington Post.
Posted at 12:25 PM by Howard Bashman



"Divided Ranks; In High Court Battle, First Phase Plays Out Among Conservatives; Business Saw O'Connor as Ally But Religious Right Wants A Different Kind of Justice; Weighing the Gonzales Option": Jess Bravin and Jeanne Cummings have this front page article (pass-through link) today in The Wall Street Journal.

And that newspaper today also contains an article by Jess Bravin headlined "Scalia, Breyer: High Court Polar Opposites; 'Originalism' Clashes With 'Basic Purposes' in Fight Over How to Interpret the Constitution" (pass-through link).
Posted at 12:10 PM by Howard Bashman




"Bush Drops a Few Clues About New Justice": The Associated Press provides this report.
Posted at 11:40 AM by Howard Bashman



"O'Connor a maverick on First Amendment cases": Online at the First Amendment Center, Tony Mauro provides this news analysis.
Posted at 11:18 AM by Howard Bashman



"5th Circuit Court rules in its own way; Its decisions have a history of defying the Supreme Court": Harvey Rice has this article today in The Houston Chronicle.
Posted at 10:40 AM by Howard Bashman



D.C. Circuit reverses ruling in favor of People for the Ethical Treatment of Animals, and against the District of Columbia and its Commission on the Arts and Humanities, arising from the commission's refusal to display a shackled, crying circus elephant statue in the city's public "Party Animals" art display: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. PETA previously provided background about the case in a press release titled "ACLU Goes to Court to Protect PETA's First Amendment Rights."
Posted at 10:25 AM by Howard Bashman



"With Supreme Court on mind, Bush heads for Europe": Reuters provides this report.
Posted at 10:10 AM by Howard Bashman



"Second Thoughts on Kelo: A proper understanding of property rights suggests that the Kelo decision wasn't so bad after all." John Hinderaker has this essay online today at The Weekly Standard.

And Fred Barnes has an essay entitled "The Two Roads: Will President Bush try to move the court or broaden the Republican party?"
Posted at 10:02 AM by Howard Bashman




Available from National Review Online: U.S. Senator John Cornyn (R-TX) has an essay entitled "Senate Sense & Nonsense: SCOTUS rules of order."

Andrew C. McCarthy has an essay entitled "Framing the Framers: The Washington Post ridiculously offers Ted Kennedy as judicial sage."

Mark R. Levin has an essay entitled "Sinister Strategies: The Left's plan to block judicial nominees."

Robert D. Alt has an essay entitled "Rehnquist Should Retire -- Today: There's no reason to wait."

Heather Mac Donald has an essay entitled "Girl Problems: If one feminist is correct, the last thing the president should do is nominate a woman to the Supreme Court."

And Gleaves Whitney has an essay entitled "Supreme Numbers: High Court nominations and confirmations in historic perspective."
Posted at 09:54 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Politics" and "O'Connor's Departure Will Move Court to Right." RealPlayer is required to launch these audio segments.
Posted at 09:40 AM by Howard Bashman



What impact will retirement have on the value of Justice Sandra Day O'Connor bobblehead dolls? A Nation looks on with great concern regarding the answer to this important question. Fortunately, this particular retirement-related uncertainty will not be permitted to linger, as this auction of a Justice O'Connor bobblehead doll is scheduled to conclude online at eBay this Friday.
Posted at 07:24 AM by Howard Bashman



"Future of abortion uncertain; With Supreme Court vacancy, activists on both sides mobilize": This article appears today in The Chicago Tribune.

The Baltimore Sun today reports that "Specter is 'ready' for court nominee; The senator heads the panel that will consider the fate of President Bush's pick."

The Courier-Post reports that "N.J. judges have warm memories of O'Connor."

The Independent Florida Alligator reports that "UF experts predict future of Supreme Court."

The Daily Bruin reports that "O'Connor leaves her mark on education."

And in commentary, The Allentown Morning Call contains an editorial entitled "Justice O'Connor's 'swing vote' role will be focus of court at crossroads."

The Anchorage Daily News contains an editorial entitled "Another O'Connor: Bush should find a new justice who follows her good example."

The Barre (Vt.) Times Argus contains an editorial entitled "The storm ahead."

Online at the Cato Institute, Mark Moller has an essay entitled "Two Cheers for Sandra Day O'Connor."

The Harrisburg Patriot-News contains an editorial entitled "O'Connor had court grounded in middle."

In The Naples Daily News, Dan K. Thomasson has an op-ed entitled "Picking Supreme Court nominee no ideological sure thing."

The Philadelphia Daily News contains an editorial entitled "Swinging from the center; With Sandra Day O'Connor gone, battle for Court's soul begins."

The Rutland Herald contains an editorial entitled "Battle lines."

And The Seattle Times contains an editorial entitled "After O'Connor."
Posted at 07:22 AM by Howard Bashman




"In the Balance: The Court is reshaping federalism from an ideological weapon into a neutral principle; It's about time." Douglas T. Kendall and Jennifer Bradley have this essay today online at The New Republic.
Posted at 07:08 AM by Howard Bashman



"Religious groups plan monuments; Confident after high court rulings, some Christians aim to test limits": This article appears today in The Daily Texan.
Posted at 07:04 AM by Howard Bashman



Bloomberg News is reporting: Now available online are articles headlined "Bush Faces Political Dilemma in Choice of O'Connor's Successor"; "O'Connor Departure Spawns Costly Clash Among Interest Groups"; and "Businesses May Face High-Court Setback as Bush Weighs Vacancy."
Posted at 07:02 AM by Howard Bashman



"After O'Connor: President Bush owes his supporters a nominee in the Scalia-Thomas mold." This editorial appears today in The Wall Street Journal.

And online at OpinionJournal, Brendan Miniter has an op-ed entitled "The Replacements: Why not Justice Janice Rogers Brown?"
Posted at 07:00 AM by Howard Bashman




Joan Biskupic is reporting: In today's edition of USA Today, she has an article headlined "O'Connor's final decision puts family first" and a news analysis headlined "Centrist justice sought 'social stability.'"

USA Today also offers a partial transcript of that newspaper's recent inverview with President Bush concerning Justice Sandra Day O'Connor's replacement.
Posted at 06:54 AM by Howard Bashman




"Should a Woman be Named to Succeed Sandra Day O'Connor? What Her Own Opinions Suggest." FindLaw commentator Michael C. Dorf has this essay today.
Posted at 06:45 AM by Howard Bashman


Monday, July 04, 2005


In Tuesday's edition of Financial Times: An article reports that "Parties divided on procedure to confirm new judge."

In other news, Patti Waldmeir reports that "Supreme Court goes hands-off on innovation."

And an editorial is entitled "Supreme balance."
Posted at 11:25 PM by Howard Bashman




"Bush: 'Tone down' rhetoric." Tuesday's issue of USA Today will contain an article that begins, "President Bush said Monday that special-interest groups already running TV ads and mobilizing supporters for a fight over his choice of a successor to Supreme Court Justice Sandra Day O'Connor should 'tone down the heated rhetoric.' He forcefully defended Attorney General Alberto Gonzales, a prospect criticized by conservatives."

And the newspaper will also contain a news analysis headlined "For Bush, a lot riding on court appointment."
Posted at 11:20 PM by Howard Bashman




In Tuesday's edition of The New York Times: Tomorrow's newspaper contain articles headlined "As Official Washington Takes a Holiday, Combatants on Both Sides Carry On"; "In Reading Bush on Court, Words Don't Always Help"; and "Presidents, Picking Justices, Can Have Backfires."

And Adam Liptak will have an article headlined "O'Connor Leap Moved Women Up the Bench."
Posted at 10:44 PM by Howard Bashman




"Fall Cases on Hot-Button Issues May Hinge on the New Justice": In Tuesday's edition of The Washington Post, Charles Lane will have a news analysis that begins, "Abortion. Physician-assisted suicide. Gay rights. How will the Supreme Court handle those issues without Justice Sandra Day O'Connor, the centrist swing voter who announced her retirement from the court last week after a 24-year tenure?"
Posted at 10:00 PM by Howard Bashman



In news from Canada: The Toronto Globe and Mail today contains an article headlined "Media gauntlet awaits Homolka release" that begins, "Karla Homolka, having now spent more than one-third of her life in prison, will attempt today to bypass a gauntlet of reporters who stand between her and the freedom and anonymity she craves." The newspaper also offers a news update headlined "Homolka set free."

The Montreal Gazette today contains an article headlined "Sun sets on jail sentence of sex slayer Homolka; Gets out today; Killer's lawyers fight to keep hungry media out of her private life."

And Canadian Press provides reports headlined "Media muzzle try fails again" and "Homolka contrite in TV interview."
Posted at 09:14 PM by Howard Bashman




"Senators Seek to Set Tone on Replacing O'Connor": This segment (RealPlayer required) featuring Joan Biskupic appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:02 PM by Howard Bashman



"Journalists Say Threat of Subpoena Intensifies": This article appears today in The New York Times. The article begins, "In 1991, when Timothy Phelps, a reporter for Newsday, and Nina Totenberg, a reporter for National Public Radio, broke the news that Anita Hill had accused Clarence Thomas, then a Supreme Court nominee, of sexual harassment, a special Senate counsel tried to subpoena the reporters' telephone records to unmask their confidential source."
Posted at 08:24 PM by Howard Bashman



"Court Fundraising Fury Underway; $50 Million or More on Both Sides May Rival 2004 Election": Tuesday's edition of The Washington Post will contain this article.
Posted at 08:20 PM by Howard Bashman



"O'Connor resignation pushes abortion activists into high gear": This article will appear Tuesday in The Chicago Tribune.
Posted at 08:15 PM by Howard Bashman



In Tuesday's edition of The Christian Science Monitor: Warren Richey will have articles headlined "Sandra Day O'Connor announces retirement; Conservatives hope to use opportunity to shift Supreme Court further to the right" and "The imprint that O'Connor leaves on the high court: The first woman justice, now retiring, has often cast the decisive vote in big cases."

In related news, "Bush faces tough choice to fill Supreme Court vacancy; Attorney General Alberto Gonzales is the name mentioned most often, but his selection would not please Bush's conservative base"; "Political factors for Bush as he picks a nominee; His choice for a new Supreme Court justice could help define his legacy"; and "Senate pact shapes high-court fight; Whether or not the 'Gang of 14' remains unified is a key factor in the fight to replace outgoing Justice O'Connor."

And in commentary, the newspaper will contain an editorial entitled "Justice O'Connor's Long Shadow."
Posted at 08:00 PM by Howard Bashman




"Presidents Not Always Happy With Justices": Hope Yen of The Associated Press provides this report.
Posted at 04:55 PM by Howard Bashman



"Ethical Culture: The next chief justice should seize the opportunity to institute important reforms on judicial conduct." Law Professor Steven Lubet has this article in the July 2005 issue of The American Lawyer.
Posted at 04:28 PM by Howard Bashman



"Class action Web sites untested; Courts wrestle with host of legal issues": This week's issue of The National Law Journal contains an article that begins, "A recent decision from the 9th U.S. Circuit Court of Appeals bodes well for the legions of plaintiffs' law firms that host class action Web sites, but much remains untested for attorneys using the Internet to connect with the masses."
Posted at 04:25 PM by Howard Bashman



In the July 11, 2005 issue of Time magazine: The cover story package focuses on Justice Sandra Day O'Connor's retirement. Time makes freely available online the following two articles: "The Power Broker: Sandra Day O'Connor - Conservative yet moderate, sticking up for Roe v. Wade and states' rights, she changed America one vote at a time; A look at her legacy" and "What's at Stake in The Fight: The ideological balance on the high court shapes how hot-button issues of the day are decided; A sampling of topics the court may address."

Update: CNN.com has now made available the text of the other article from this week's cover story package. The article -- headlined "The Tipping Point? Sandra Day O'Connor's surprise resignation unleashes a battle over whether the high court will gain a new swing vote or a solid-right identity" -- can be accessed here.
Posted at 04:15 PM by Howard Bashman




"Decisions, Decisions": Louis Menand has this "Talk of the Town" essay about Justice Sandra Day O'Connor's retirement in the July 11, 2005 issue of The New Yorker.
Posted at 01:08 PM by Howard Bashman



Available online from OpinionJournal: Roy S. Moore has an op-ed entitled "A Higher Authority: May God save the United States from this honorable court."

And Law Professor Richard A. Epstein has an op-ed entitled "Blind Justices: The scandal of Kelo v. New London."
Posted at 01:05 PM by Howard Bashman




"Court vacancy puts pressure on Bush; Selection could anger conservatives or incite Democratic fight": This article appears today in The Dallas Morning News.
Posted at 12:58 PM by Howard Bashman



The Pittsburgh Post-Gazette is reporting: In today's newspaper, Michael McGough has a news analysis headlined "Ideological battle looms over Supreme Court vacancy."

And yesterday, the newspaper contained an article headlined "Interest groups gear up on court; Nomination to fill swing-vote post to be hard fought."
Posted at 12:55 PM by Howard Bashman




In today's edition of The Boston Globe: An article reports that "Senators won't rule out filibuster; 'Mainstream' name urged for high court."

And Cathy Young has an op-ed entitled "A fair split on religious symbols."
Posted at 12:54 PM by Howard Bashman




"Bloggers Fight for 'Shield' Law": Wired News provides this report.
Posted at 12:50 PM by Howard Bashman



The Chicago Tribune is reporting: Today's newspaper contains articles headlined "Battle lines take shape for high court; Democrats decline to rule out filibuster" and "'Us vs. them' has roots in Missouri."
Posted at 10:30 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast featured segments entitled "Justice O'Connor's Complex Jurisprudence" (featuring Law Professor Douglas W. Kmiec) and "Looking Ahead to a Post-O'Connor Court" (featuring Cokie Roberts). RealPlayer is required to launch these audio clips.
Posted at 10:20 AM by Howard Bashman



In today's edition of The Los Angeles Times: The newspaper contains articles headlined "Court Battle Lines Drawn; Partisans are out in force to set the terms of the debate over Justice O'Connor's successor; A big issue: Must Bush's pick have broad appeal?" and "If Ax Falls on Roe, It May Also Split GOP."

Meanwhile, in commentary, Law Professor Sarah M. Buel has an op-ed entitled "Battered Women Betrayed." And Michael McGough has an op-ed entitled "Faith of Our Founders."
Posted at 09:00 AM by Howard Bashman




"Politics shadow Supreme hopefuls": This article appears today in The Washington Times.
Posted at 08:54 AM by Howard Bashman



"How O'Connor And The Court Have Drifted Leftward": Stuart Taylor Jr. has this essay online at National Journal.
Posted at 08:50 AM by Howard Bashman



"Counter Evolution: Conservatives want a justice who won't drift left once confirmed; History suggests they have less to worry about than they imagine." On Sunday, The New Republic posted online this essay (pass-through link) by Law Professor Jeffrey Rosen.
Posted at 12:44 AM by Howard Bashman



In today's issue of The Washington Post: The newspaper contains front page articles headlined "Filibuster Deal Puts Democrats In a Bind; Pact May Hinder Efforts to Block High Court Nominee" and "Attorney General Makes Quick Trip To Iraqi Capital; Gonzales Stays Tight-Lipped On Prospects for High Court."

In other coverage, "Evangelical Groups Plan Aggressive Drive for Nominee; Campaign Seeks Solid Conservative."

Charles Lane's "Full Court Press" column is headlined "In Other News From the Middle, Some Shifts by Justice Kennedy."

And U.S. Senator Edward M. Kennedy (D-MA) has an op-ed entitled "Let the Senate Advise."
Posted at 12:40 AM by Howard Bashman




Transcripts available online from yesterday's broadcast of "Fox News Sunday": Transcripts of segments entitled "Who Will Replace O'Connor?" and "Interest Groups Weigh In" are now available.
Posted at 12:38 AM by Howard Bashman



"Senators Vie to Frame Debate Over High Court Nomination": This article will appear in today's edition of The Los Angeles Times.
Posted at 12:35 AM by Howard Bashman



In today's edition of The New York Times: Linda Greenhouse has a lengthy article headlined "Court's Term a Turn Back to the Center." A related graphic can be accessed here.

Today's newspaper also contains articles headlined "Senators Clash on Questioning a Court Nominee"; "Speculation on Contenders Begins Despite Entreaties"; and "Run-Up to Judicial Fight Puts a Spotlight on Bork."

And the Business section contains a news analysis headlined "The Fallout from O'Connor's Resignation."
Posted at 12:30 AM by Howard Bashman




Atlanta Braves 4, Philadelphia Phillies 3: Sunday night, my son and I had the pleasure of attending this baseball game at Citizens Bank Park in Philadelphia. Because we are Braves fans, we were among the few in attendance who were not entirely disappointed with the result. Wraps and the box score can be accessed here.
Posted at 12:25 AM by Howard Bashman


Sunday, July 03, 2005


Access online the transcript of today's broadcast of the CBS News program "Face The Nation": The program, which I referred to earlier today in this post, focused on the retirement of Justice Sandra Day O'Connor and its consequences. You can access the transcript here.
Posted at 05:15 PM by Howard Bashman



"Swing voter: The departure of Sandra Day O'Connor sets the stage for a nasty judicial confirmation battle -- and maybe an even more conservative Supreme Court." David Paul Kuhn has this report online at Salon.com.
Posted at 05:12 PM by Howard Bashman



"A Feminist Folk Hero (Sort Of); Sandra Day O'Connor managed to both support and curtail conservative social restrictions": Adele M. Stan has this essay online at The American Prospect.
Posted at 05:10 PM by Howard Bashman



"Reversing the Bork Defeat: With a Republican Senate, President Bush has the chance to succeed where Reagan failed by getting a conservative constitutionalist confirmed to the Supreme Court." William Kristol has this essay online at The Weekly Standard.
Posted at 04:35 PM by Howard Bashman



The Christian Science Monitor is reporting: Warren Richey has an article headlined "Sandra Day O'Connor announces retirement; Conservatives hope to use opportunity to shift Supreme Court further to the right."

And Linda Feldmann reports that "Bush faces tough choice to fill Supreme Court vacancy; Attorney General Alberto Gonzales is name mentioned most often, but his selection would not please Bush's conservative base."
Posted at 04:33 PM by Howard Bashman




Available online from The Associated Press: Gina Holland reports that "High Court's Junior Member a Power Broker."

And in other news, "Filibuster on the Table in Court Fight."
Posted at 04:30 PM by Howard Bashman




Available online from The New Republic: Law Professor Cass R. Sunstein has an essay entitled "Old School: Why it was easy to forget that O'Connor was a conservative."

Law Professor William J. Stuntz has an essay entitled "Power Surge: O'Connor became too comfortable exercising power."

And Law Professor Richard L. Hasen has an essay entitled "Rock the Vote: O'Connor's departure portends a major shift in election law; And not for the better."

I've provided pass-through links to the two items that TNR posted as subscriber-only content. Soon, I hope to provide a pass-through link to Law Professor Jeffrey Rosen's latest essay, which TNR posted online today, entitled "Counter Evolution: Conservatives want a justice who won't drift left once confirmed; History suggests they have less to worry about than they imagine." [Update: Here it is.]

Meanwhile, Marty Lederman questions TNR's online business model in this post at "The Supreme Court Nomination Blog." (I previously provided, back in November 2004 when TNR first posted the piece online, a pass-through link to the Jeff Rosen essay that Marty mentions in his post.)
Posted at 02:50 PM by Howard Bashman




"Judge's actions speak louder than words": The San Antonio Express-News today contains an article that begins, "While the question of who will become the next U.S. Supreme Court justice is a full-time guessing game in Washington, San Antonio faces a mystery on its own doorstep: Emilio who? The San Antonio native widely considered a leading contender to fill the vacancy created by Justice Sandra Day O'Connor's resignation Friday is virtually unknown in the county where he was born, raised and still resides."
Posted at 02:28 PM by Howard Bashman



"Is GOP eroding states' rights? From the Terri Schiavo case to driver's license standards and LNG terminals, the federal government, some contend, is broadening its control over America." This article appears today in The Mobile Register.
Posted at 02:25 PM by Howard Bashman



"Get ready for war of the words over court": Today in The Philadelphia Inquirer, political analyst Dick Polman has this front page article.

The newspaper today also contains articles headlined "The appeals court judge is a contender; N.J. native holds conservatives' high court hopes" and "A chance to press religious agenda."
Posted at 02:20 PM by Howard Bashman




On today's broadcast of NPR's "Weekend Edition - Sunday": The broadcast contained segments entitled "The Supreme Court After O'Connor" and "High Court Advocacy Groups Gear for Fight." RealPlayer is required to launch these audio clips.
Posted at 12:22 PM by Howard Bashman



In today's edition of The St. Petersburg Times: An article reports that "With court pick, Bush will try not to get burned; History shows Supreme Court justices often don't turn out the way presidents thought they would."

Columnist Robyn E. Blumner has an op-ed entitled "Scalia's scary America."

And columnist Martin Dyckman has an op-ed entitled "A person's home is the government's parcel."
Posted at 12:15 PM by Howard Bashman




"Liberals gird for Supreme struggle": The Washington Times today contains an article that begins, "A group of the most influential liberal court lobbyists gathered in a high-ceilinged room across the hall from the Senate chamber, within hours of Supreme Court Justice Sandra Day O'Connor's retirement announcement Friday."
Posted at 12:11 PM by Howard Bashman



Former U.S. Supreme Court nominee Robert H. Bork speaks about Justice Sandra Day O'Connor and her judicial philosophy: He appeared live on CNN on Friday, where he was interviewed by Daryn Kagan. Here's a snippet from the transcript:
KAGAN: Your comments today on Sandra Day O'Connor and her legacy on the court, please.

JUDGE ROBERT BORK, FMR. SUPREME COURT NOMINEE: Well, she's a very nice person, but she is -- as a justice, she has been -- they call her the swing vote. That's true. But that means that she didn't have any reaffirmed judicial philosophy.

However, on the crucial cultural question, she has lined up with the liberal side on abortion, on affirmative action, homosexual normalization and so forth.

KAGAN: Excuse me. Judge Bork, do you think it's fair to say she didn't have an judicial philosophy? Perhaps that she didn't have the same judicial philosophy that you share. But she probably -- she possibly had a more moderate philosophy and was expressing that as a swing vote on the high court.

BORK: I think that referring to a moderate philosophy and a conservative philosophy and so forth is quite wrong. The question is, those judges who depart from the actual Constitution, and those who try to stick to the actual Constitution.

She departed from it frequently. So that I wouldn't call that moderate. I would call it unfortunate. But she is -- she is -- as a result, she often determined the outcome by swinging from one side to the other.

KAGAN: OK. Instead of looking back on Judge O'Connor, let's look forward.

Whatever nominee, whoever is picked, whoever President Bush picks, they use your nomination process as an example of what they don't want to happen. A lot of people -- a lot of conservatives do wish that you had been confirmed and serving on the high court. Instead, it's been Justice Kennedy, who has been more moderate than a lot of people think.

BORK: I wish you would stop using the word "moderate." But go ahead.

KAGAN: Well, no. What would you use? How would you compare what Justice Kennedy has done instead of perhaps what you have done if you had been on the court.

BORK: I would call it activist.

KAGAN: OK. So you would like to see -- actually, you bring up a good point. This is a time in U.S. history that's not just talking about who is going to be the next person on the U.S. Supreme Court, but when the whole topic of what the judicial system and how it operates in this country is up for debate.

BORK: That's right, because it's really a cultural fight now. The Supreme Court has made itself into a political and a cultural institution rather than a legal institution, so that both sides see it in political terms.

You can access the complete transcript at this link (scroll down to the bottom of the page).
Posted at 12:10 PM by Howard Bashman



"Court pick to test Bush promise; Conservatives see choice as 'payoff'": This article appears today in The Boston Globe.
Posted at 11:52 AM by Howard Bashman



"Bush's epic choice for the future of the court": Bob Egelko has this news analysis today in The San Francisco Chronicle.
Posted at 11:50 AM by Howard Bashman



In today's edition of The Chicago Tribune: Jan Crawford Greenburg has articles headlined "From early on, grit ingrained in O'Connor; Justice blazed trail as woman and jurist with independent streak" and "Choosing nominee becomes trickier."

And in other coverage, "Partisan rhetoric over vacancy; Putting their own spin on it."
Posted at 11:45 AM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "High Court's Next Term Full of Big Cases."

And in other coverage, "Gonzales Deflects Queries About High Court"; "Bush Faces Pivotal Choice for High Court"; and "NOW Leader Focuses on O'Connor Replacement."
Posted at 10:58 AM by Howard Bashman




U.S. Senator Joseph R. Biden Jr. (D-DE) says that he would filibuster D.C. Circuit Judge Janice Rogers Brown if she is nominated to replace Sandra Day O'Connor on the U.S. Supreme Court: Senator Biden appeared on today's broadcast of the CBS News program "Face The Nation." Senator Biden originally stated that he would filibuster Fifth Circuit Judge Edith H. Jones, but then guest interviewer Jan Crawford Greenburg of The Chicago Tribune asked Senator Biden about Judge Brown, and Senator Biden said that he had originally misspoken and meant to say that he would filibuster Judge Brown, rather than Judge Jones. Once the transcript of today's program becomes available, I will link to it.
Posted at 10:48 AM by Howard Bashman



Today's Justice Sandra Day O'Connor retirement-related commentary from The Washington Post: The newspaper today contains an editorial entitled "Not a Campaign."

Law Professor Viet Dinh has an op-ed entitled "Justice O'Connor's Indelible Stamp."

And Norman Ornstein has an op-ed entitled "More Politicians for the Court."
Posted at 09:50 AM by Howard Bashman




"Court's Liberal Bloc Stands Firm; Justice Stevens and his faction forge majorities in the biggest cases this term; Losing O'Connor may affect but probably won't dissolve its sway": David G. Savage has this article today in The Los Angeles Times.

The LATimes today also contains a news analysis headlined "High Noon for High Court: A polarizing showdown over O'Connor's seat may alienate a public that prefers the middle" and an article headlined "White House Plans to Consult With 2 Parties; Officials are to ask each side to weigh in, an aide says, as a battle over the high court opening stirs."

And in commentary, The LATimes today contains an op-ed by Law Professor Cass R. Sunstein entitled "O'Connor's Balancing Act" and an op-ed by Law Professor Orin S. Kerr entitled "O'Connor's Replacement Is Likely to Be a Swinger; Some assume Bush will nominate a justice who consistently votes with conservatives."
Posted at 09:45 AM by Howard Bashman




"Disorder in the Court": Today in The New York Times, Law Professor Stephen L. Carter has an op-ed that begins, "I keenly remember the excitement at the Supreme Court when President Ronald Reagan announced the nomination of the little-known Sandra Day O'Connor to replace the retiring justice, Potter Stewart, in 1981."
Posted at 08:38 AM by Howard Bashman



In the July 11, 2005 issue of Newsweek: The magazine's cover story is a lengthy article by Evan Thomas and Stuart Taylor Jr. headlined "Queen of the Center -- The Swing Vote: She's a cowgirl from sagebrush country, a pioneer who defied the odds; The life and legacy of a moderate justice."

And a related article is headlined "The Holy War Begins: Bush must choose between the big tent or the revival tent; Inside his Supreme Machine."

Justice O'Connor's retirement is also the cover story of Time magazine's July 11, 2005 issue, but the text of its lead article is not freely available online.
Posted at 08:20 AM by Howard Bashman



Saturday, July 02, 2005


Jan Crawford Greenburg is reporting: In Sunday's edition of The Chicago Tribune, she will have articles headlined "From early on,grit ingrained in O'Connor; Justice blazed trail as woman and jurist with independent streak" and "O'Connor's retirement puts competing pressures on Bush."
Posted at 11:58 PM by Howard Bashman



The Knight Ridder Newspapers are reporting: Stephen Henderson has an article headlined "Court's internal dynamics - a factor in decisions - may change."

And Ron Hutcheson reports that "Bush faces choice of advancing agenda or bridging political divide."
Posted at 11:55 PM by Howard Bashman




In news coverage from overseas: The Sunday Times of London reports that "Christian right fights for key choice of judge."

The Observer (UK) reports that "Liberals ready to abandon US right to abortion."

And Financial Times reports that "O'Connor resignation opens door for Bush."
Posted at 11:52 PM by Howard Bashman




In news from Kansas: The Kansas City Star provides a news update headlined "Court threatens Kansas school funding cutoff" that begins, "The Kansas Supreme Court threatened today to cut off state funds to public schools -- which could shut them down until lawmakers appropriate an additional $143 million."

The Wichita Eagle provides news updates headlined "Kansas Supreme Court to consider closing schools" and "Lawmakers head home with no school funding agreement." Today's edition of that newspaper, meanwhile, contained an article headlined "Legislators remain deadlocked; Late Friday, it appeared the House and Senate would not meet the court's deadline to increase school funding."

And The Topeka Capital-Journal today contains articles headlined "No one's budging: No plans have passed; constitutional amendment remains sticking point" and "Kline seeking to block court."
Posted at 11:50 PM by Howard Bashman




In Sunday's issue of The Dallas Morning News: The newspaper will contain articles headlined "One justice, many cases, lots of power; O'Connor resignation already has launched intense lobbying efforts" and "Justice forged a path for women; O'Connor threw open doors to a field once closed to her gender."
Posted at 11:48 PM by Howard Bashman



In Sunday's edition of The Washington Post: Tomorrow's newspaper will contain front page articles headlined "Activists Gear Up For Nominee Fight; Many Conservatives Aren't Behind Gonzales for the Supreme Court" and "The Right's Moment, Years in the Making."

In related news, "Parties Line Up Strategies for Hearings on Nomination; Senate Republicans Seek Rapid Confirmation To Avoid Divisive Issues."

The newspaper will also contain articles headlined "O'Connor Successor Debated; Views Differ on Whether a Female Replacement Is Needed" and "Feminists on O'Connor: A Mixed Verdict."

And Law Professor Linda Ross Meyer will have an op-ed entitled "Supreme Difference: Why the Court Still Needs The O'Connor Approach."
Posted at 11:45 PM by Howard Bashman




In Sunday's issue of The Los Angeles Times: The newspaper will contain articles headlined "High Noon for High Court" and "White House Promises Bi-Partisan Input from Senate."
Posted at 11:40 PM by Howard Bashman



"Supreme Court Justice O'Connor steps down": U.S. News & World Report provides this coverage, along with an article headlined "Big fight likely in wake of O'Connor retirement."

The Baltimore Sun today contains articles headlined "O'Connor steps down; 1st woman on Supreme Court announces her retirement"; "Future of abortion could be at issue"; "Much is at stake with Bush's choice"; "Justice changed culture by being on the bench; Many liberal women supported conservative as an inspiration"; "Stage set for battle over a nominee to high court; Lawmakers on both sides praise O'Connor, a centrist in her post"; and "Bush gets chance he has waited for; President eager to install a justice who shares his ideals, ensures his legacy."

The Birmingham News today contains an article headlined "Sessions: Consider Pryor for Court."

The Boston Globe contains articles headlined "Nominee battle looms for court; O'Connor retires after 24 years"; "Pragmatist used swing-vote clout"; "Stage set for clash over social issues"; and "Democrats' threat could set up showdown over nominee." The newspaper also contains an editorial entitled "O'Connor's common sense" and an op-ed by Law Professor Charles J. Ogletree Jr. entitled "Justice O'Connor's legacy."

The Charlottesville Daily Progress reports that "O'Connor departure turns eyes to judge."

The Columbia (S.C.) State contains articles headlined "Graham-brokered deal faces its toughest test; Compromise to end filibusters on judicial nominees could collapse on nomination to replace O'Connor"; "O'Connor developed strong connections to S.C."; "Orangeburg woman long shot for court seat"; and "O'Connor cast crucial swing votes on key issues."

The Denver Post contains articles headlined "Supreme battle looming; Stakes high as O'Connor will leave top court"; "Conservative Christians gearing up"; and "Justice: Court needs expert on West's water law."

The El Paso Times contains articles headlined "O'Connor's exit opens door for Bush to select Hispanic"; "'She was brilliant'; Friends remember teen as 'superb' dancer"; and "O'Connor often cast swing vote." The newspaper also contains an editorial entitled "Bush should nominate another O'Connor."

The Hampton Roads (Va.) Daily Press reports that "Warner urges Bush to choose centrist; With a Supreme Court seat up for grabs, Virginia's senior senator hopes to have a bipartisan deal that spares the Senate a long confirmation battle."

The Houston Chronicle reports that "Battle lines forming to replace O'Connor; Retirement yields first opening in 11 years; As Bush gets his first opportunity to shape the court, partisans digging in for an epic fight."

The Kansas City Star reports that "Brownback to bask in debate spotlight."

The Las Vegas Review-Journal reports that "Reid says replacing O'Connor needn't be divisive; All five Nevadans in Congress praise retiring judge."

The Lynchburg (Va.) News & Advance reports that "Falwell, conservatives want a 'true believer.'"

The Milwaukee Journal Sentinel reports that "With retirement comes an intense fight; 2 Wisconsin Democrats to be in thick of battle."

The Minneapolis Star Tribune contains articles headlined "Battle begins for O'Connor's successor" and "Dayton, Coleman agree to cooperate -- sort of."

The Newark Star-Ledger contains articles headlined "O'Connor to retire from top court; Ferocious Senate battle expected over successor to the court's first woman" and "For nominee, there's no middle ground; Senate's Judiciary Committee, a bastion of extremism, will be a tough test for Bush's pick."

Newsday contains an article headlined "A chance for Bush to tilt court to right; Decisions in touchy cases may change if conservative is chosen to fill Justice O'Connor's seat on Supreme Court."

The Philadelphia Daily News contains an article headlined "With O'Connor leaving, who's in line for bench?"

The Pittsburgh Post-Gazette contains articles headlined "Surprise move: After 24 years, Justice Sandra Day O'Connor retiring" and "Last day reflected O'Connor's legacy."

The Richmond Times-Dispatch contains articles headlined "Virginians Luttig, Wilkinson seen as possible choices" and "Riggins' uncourtly words created no hard feelings."

The Rocky Mountain News contains articles headlined "O'Connor 'absolutely tuned in'; Lawyers praise her courage, probing questions, fairness"; "Emotions run gamut; Abortion activists feel thrills, chills"; and "Allard, Salazar say they hope to avoid a divisive showdown." The newspaper also contains an editorial entitled "O'Connor's exit good for court; One less swing voter" and an op-ed by columnist Mike Littwin entitled "O'Connor gone is a Supreme shake-up."

The Sacramento Bee contains articles headlined "Pivotal court fight ahead; O'Connor's departure could shift philosophical balance"; "Pragmatism called driving force behind justice's rulings"; and "O'Connor's likely legacy: She found the middle ground."

The San Antonio Express-News contains articles headlined "Trailblazer O'Connor at end of her road"; "Several Texans turn up on the list of O'Connor's possible replacements"; and "South Texas judges praise the retiree."

The San Francisco Chronicle contains articles headlined "Centrist Justice O'Connor's retirement sets stage for shift in divided high court"; "She used her pivotal vote to make the law work"; "Can Bush find a nominee to please the right without divisive confirmation fight?"; and "Worries over successor mix with words of praise."

The San Jose Mercury News contains articles headlined "Swing vote gave O'Connor power to shape court" and "High court vacancy raises Latino hopes; Some think appointment mught help GOP draw more traditional Democrats to Bush."

The St. Petersburg Times contains an article headlined "Exit, O'Connor; enter, new court."

The Topeka Capital-Journal contains an article headlined "Kansas scholars praise justice."

The Washington Times contains articles headlined "The battle for the court begins"; "Justice O'Connor had pivotal role in big rulings"; "Bush revisits options"; and "Democrats warn Bush to consult." The newspaper also contains an editorial entitled "Justice O'Connor retires."

And The Waynesboro News Virginian reports that "Virginia experts see all-out political war on successor."
Posted at 08:40 PM by Howard Bashman




"Lockyer seeks review of gay marriage ruling": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Attorney General Bill Lockyer, defending California's ban on same-sex marriage, asked the state Supreme Court on Friday to bypass an appellate court and review a judge's ruling that the marriage law violates the rights of gays and lesbians."
Posted at 08:30 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Weekend Edition - Saturday" contained segments entitled "O'Connor's Departure Comes as Surprise" (featuring Nina Totenberg); "Senate Awaits Bush High Court Nominee"; and "O'Connor and Conservatives."

And this evening's broadcast of "All Things Considered" contained segments entitled "Abortion Fight Awaits Shifting Supreme Court" and "Former Clerks Remember O'Connor."
Posted at 07:54 PM by Howard Bashman




In Sunday's edition of The New York Times: An article will report that "Conservative Groups Rally Against Gonzales as Justice."

Tomorrow's newspaper will also contain articles headlined "In Battle to Confirm a New Justice, Both Sides Get Troops Ready Again" and "Confirmation Battle in Senate Could Define Specter's Career."

And in the Week in Review section, Law Professor Jeffrey Rosen will have an essay entitled "So What's the 'Right' Pick?"
Posted at 07:44 PM by Howard Bashman




Baltimore Orioles 4, Cleveland Indians 0: My son and I had an enjoyable day trip to Oriole Park at Camden Yards. We returned home with a Miguel Tejada bobblehead doll, not produced by The Green Bag. You can access wrap-up of the game, and the box score, via this link.
Posted at 07:30 PM by Howard Bashman



Also today in The New York Times: In addition to the many articles that I earlier linked to here, in today's newspaper Neil A. Lewis has an article headlined "In List of Potential Justices, Many Kinds of Conservative."

Carl Hulse reports that "Amid Vows of Opposition, Senate Braces for Disarray."

The newspaper contains an editorial entitled "Justice O'Connor."

And Dahlia Lithwick has an op-ed entitled "Robed in Mystery."
Posted at 08:05 AM by Howard Bashman




Also today in The Washington Post: In addition to the articles I previously linked to here, today's newspaper contains articles headlined "Most in the Media Were Blindsided By Justice" and "No Restraining Order for This Political Fight."

The newspaper contains an editorial entitled "The O'Connor Court."

Columnist E.J. Dionne Jr. has an op-ed entitled "Practical Voice for Partisan Times." Dana Milbank's "Washington Sketch" is headlined "Word From O'Connor Sets Off Pre-Fourth Fireworks." And U.S. Senator John Cornyn (R-TX) has an op-ed entitled "Justice for the Next Justice."
Posted at 08:00 AM by Howard Bashman




In news coverage from Arizona: The Arizona Republic today contains articles headlined "O'Connor retires; Battle looms as Arizonan rides into sunset"; "Special interests gear up for fight over successor"; and "O'Connor ex-clerks surprised by move." The newspaper also contains an editorial entitled "Adios, Madame Justice; Sandra Day O'Connor is a legend and a lesson."

And The Arizona Daily Star today contains articles headlined "Arizonan O'Connor retires; Childhood on ranch, experience in elected office served her in court"; "Legacy of 'good judgment'; First woman justice left her mark on law"; and "O'Connor's career inspired many of Tucson's own attorneys." The newspaper also contains an editorial entitled "Find the middle in replacing O'Connor."
Posted at 07:50 AM by Howard Bashman




In today's edition of The Los Angeles Times: David G. Savage reports that "Justice O'Connor Retires; Direction of Court Now Hangs in the Balance; She wielded great power in key cases, often casting the swing vote; Her surprise announcement sets off debate over whom Bush should pick for her seat."

Henry Weinstein has an article headlined "A Jurist Who Took 'One Case at a Time'; O'Connor played a central role in several controversial cases, often eschewing ideology in favor of pragmatism."

And in other coverage, "A Centered Life: Sandra Day O'Connor's approach to issues was formed long before her legal career"; "Adding 1 Involves a Lot of Variables; Bush will decide whether to appeal to conservatives or pursue a safer confirmation"; "Senators Launch Long-Awaited Battle Over Court"; and "Process Won't Be Business as Usual; The U.S. Chamber of Commerce and National Assn. of Manufacturers prepare to lobby for the nomination of a Supreme Court justice."

The newspaper also contains editorial entitled "O'Connor Leaves..." and "...a Challenge for Bush."
Posted at 07:45 AM by Howard Bashman




USA Today is reporting: Joan Biskupic reports that "With O'Connor retiring, focus turns to possible successor."

And in other coverage, "O'Connor action triggers major political campaign"; "White House braces for intense nomination battle"; and "'Controversy' likely in search for O'Connor's replacement."
Posted at 07:40 AM by Howard Bashman




"Court: 'Reprehensible' letter to the editor protected by First Amendment." The Tucson Citizen yesterday published online a news update that begins, "The Arizona Supreme Court ruled unanimously Friday that the First Amendment covers a letter published in the Tucson Citizen that suggested killing local Muslims to prevent deaths of American soldiers in Iraq."

You can access yesterday's unanimous ruling of the Supreme Court of Arizona at this link.
Posted at 07:30 AM by Howard Bashman



Friday, July 01, 2005


"O'Connor, First Woman Named to Supreme Court, Is Retiring": David G. Savage will have this article Saturday in The Los Angeles Times.
Posted at 11:42 PM by Howard Bashman



"Search for justice; O'Connor retirement opens seat on Supreme Court": This article will appear Saturday in The Atlanta Journal-Constitution.
Posted at 11:40 PM by Howard Bashman



On the radio: This evening's broadcast of NPR's "All Things Considered," in addition to containing the segments I earlier linked to here, contained segments entitled "Losing a Moderate Voice on the Court" (featuring Nina Totenberg); "Senate Gears Up for Possible Court Battle"; and "Clerking for Sandra Day O'Connor."

Today's broadcast of the public radio program "Here & Now" contained a segment entitled "O'Connor Plans Retirement" featuring Law Professor Jonathan Turley.

This evening's broadcast of the public radio program "On Point" included a segment entitled "Justice O'Connor Retires" featuring a bunch of interesting guests.

And Minnesota Public Radio offers the audio of a very interesting interview that Walter Isaacson, President and CEO of the Aspen Institute, conducted with Justice O'Connor approximately one year ago. And MPR this morning also discussed Justice O'Connor's retirement with Nina Totenberg.

RealPlayer is required to launch these audio clips.
Posted at 11:35 PM by Howard Bashman




In Saturday's edition of The Washington Post: Peter Baker will have a front page article headlined "Supreme Court Justice O'Connor Resigns."

Charles Lane will have a front page article headlined "In the Center, Hers Was the Vote That Counted."

Dan Balz will have a front page news analysis headlined "Nomination Could Be Defining Moment for Bush."

And in other coverage, "Surprise Retiree Raises the Stakes of Battle to Come"; "O'Connor Used Vote to Entrench Right to Abortion; Issue Rouses Partisans on Both Sides, But Legal Reversal Is Seen as Unlikely"; and "A Dedication to Excellence From a Jurist Without Precedent."
Posted at 11:15 PM by Howard Bashman




Available online via the Knight Ridder/Tribune Wire: The Chicago Tribune on Saturday will contain articles headlined "Gender, ethnicity and politics play into judicial nominee decision" and "Liberal, conservative groups kick into high gear on court vacancy."

The St. Louis Post-Dispatch will report on Saturday that "O'Connor retires from Supreme Court."

The South Florida Sun-Sentinel will report on Saturday that "O'Connor has long legacy in Florida cases alone."

And in other coverage, "'This is not just significant, it's seismic.'"
Posted at 11:10 PM by Howard Bashman




The Dallas Morning News is reporting: In Saturday's edition, Allen Pusey will report that "O'Connor to retire, setting stage for shift in court's balance."

Todd J. Gillman will report that "Polarized Senate set to battle over Supreme Court vacancy."

In other coverage, "Groups poised to swing left and right; Replacing O'Connor's moderate vote will have 'monumental impact.'"

And a news update reports that "Locally, O'Connor seen as a pioneer."
Posted at 10:55 PM by Howard Bashman




"O'Connor Was Friendly to Business": Saturday's edition of The Washington Post will contain this article.
Posted at 10:54 PM by Howard Bashman



"Battle begins for O'Connor's successor": This article will appear Saturday in The Minneapolis Star Tribune.
Posted at 10:52 PM by Howard Bashman



In news coverage from overseas: Saturday's edition of The Times of London contains an article headlined "Bush braced for bloody fight over new Supreme Court nominations; The President's choice of replacement judges will shape the future direction of American society."

The Guardian (UK) on Saturday reports that "Retirement sparks US judiciary fight."

And Saturday's edition of The Telegraph (UK) reports that "Supreme Court becomes battleground as first female justice resigns."
Posted at 10:50 PM by Howard Bashman




Also in Saturday's edition of The New York Times: In addition to Linda Greenhouse's news analysis that I earlier linked to here, the newspaper will contain articles headlined "O'Connor to Retire, Touching Off Battle Over Court"; "Personal and Political Concerns in a Closely Held Decision"; "At White House, Surprise Is Borne Out in Name Only"; and "After a Brief Shock, Advocates Quickly Mobilize."
Posted at 10:45 PM by Howard Bashman



Available online from Knight Ridder Newspapers: Stephen Henderson reports that "O'Connor's independent voice made her a pivotal figure."

Steven Thomma reports that "Civility, consensus will likely be scarce in fight over new justice."

James Kuhnhenn reports that "Supreme Court vacancy puts pressure on Senate deal-makers."

In other coverage, "Corporate America, organized labor have own views on vacancy."

And an item is headlined "A look at major decisions in which O'Connor played key role."
Posted at 10:40 PM by Howard Bashman




"For New Yorkers, O'Connor's retirement means big battle": This article will appear Saturday in New York Newsday.
Posted at 10:33 PM by Howard Bashman



"How To Pick a Supreme Court Justice: Read everything they've written, then call the FBI." Daniel Engber has this "explainer" online at Slate.
Posted at 10:32 PM by Howard Bashman



"Kennedy Becomes Court's Swing Vote on Abortion, Race": Bloomberg News provides this report.
Posted at 10:30 PM by Howard Bashman



"Justice O'Connor beezes through Twin Cities on day she steps down from Supreme Court": Minnesota Public Radio provides this interesting written report.
Posted at 10:10 PM by Howard Bashman



"O'Connor Held Balance of Power": In Saturday's edition of The New York Times, Linda Greenhouse will have a news analysis that begins, "The O'Connor Court. The phrase has been used so many times over so many years to describe the Supreme Court that it is nearly a cliche. Yet the simple words capture an equally simple truth: to find out where the court is on almost any given issue, look for Justice Sandra Day O'Connor."
Posted at 10:05 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "O'Connor Retirement Raises Stakes on Hot-Button Issues."

In related coverage, "The Politics of Replacing O'Connor" and "Choosing a Justice: Bush's Key Players."

And in news from Texas, "Paid in Pennies, Lawyer Takes Fee Fight to Court."
Posted at 10:00 PM by Howard Bashman




The Chicago Tribune is reporting: Jan Crawford Greenburg and Jeff Zeleny have a news update headlined "Justice O’Connor to retire."

And in related coverage, the newspaper offers news updates headlined "Vacancy surprises even White House"; "Bush choice for court could define his presidency"; and "Rehnquist future still uncertain."
Posted at 08:52 PM by Howard Bashman




From this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer": The broadcast contained segments entitled "Pivotal Justice" (RealAudio featuring Jan Crawford Greenburg of The Chicago Tribune); "O'Connor Legacy" (transcript with link to RealAudio); and "Shields and Ponnuru" (RealAudio).
Posted at 08:50 PM by Howard Bashman



"O'Connor Resignation Triggers High-Stakes Battle": The Los Angeles Times provides a news update by Ronald Brownstein that begins, "It's apocalypse. Now. When Justice Sandra Day O'Connor announced her retirement this morning, White House aides, Senate Democrats and interest groups mobilizing on the left and right instantly agreed on one point: the stakes in the struggle over her successor amounted to nothing less than control of the Supreme Court."
Posted at 08:02 PM by Howard Bashman



"O'Connor, First Woman on High Court, Resigns After 24 Years": Linda Greenhouse is now listed as the co-author of this news update available online from The New York Times.

And that newspaper has also made available online Steven R. Weisman's article headlined "Reagan Nominating Woman, An Arizona Appeals Judge, to Serve on Supreme Court" originally published on July 8, 1981.
Posted at 08:00 PM by Howard Bashman




"Time Turns Over Documents to Prosecutor": The Associated Press provides this report.
Posted at 07:55 PM by Howard Bashman



Lyle Denniston of "SCOTUSblog" is reporting: His recent posts bear the headings "Rehnquist -- Some hints he plans to stay" and "A 'temporary' replacement, and its legality." That latter issue, of course, is one that the lawyers who sponsor "SCOTUSblog" have sought to litigate before the U.S. Supreme Court. (Also, President Bush has made two recess appointments to the federal judiciary: Charles W. Pickering, Sr. to the Fifth Circuit and William H. Pryor, Jr. to the Eleventh Circuit.)
Posted at 07:45 PM by Howard Bashman



"'The Gloves Are Off': The founding editor of a nonpartisan Supreme Court blog discusses the implications of Sandra Day O'Connor's retirement." Newsweek's web site offers this item.
Posted at 07:42 PM by Howard Bashman



"Tough fight expected over O'Connor's successor": CNN.com's "Inside Politics" provides this report.
Posted at 07:33 PM by Howard Bashman



In the event I'm not constantly blogging about Justice Sandra Day O'Connor's retirement this holiday weekend: Tomorrow afternoon, my son and I will be at Oriole Park at Camden Yards to watch the Orioles battle the Cleveland Indians. Tomorrow's promotional give-away is a Sandra Day O'Connor bobblehead doll -- oops, make that a Miguel Tejada bobblehead doll.

And then Sunday night we'll be back at Citizens Bank Park to watch the Philadelphia Phillies take on the Atlanta Braves.
Posted at 06:11 PM by Howard Bashman




"O'Connor Colleagues' Praise": Lyle Denniston of "SCOTUSblog" provides this report on what Justice O'Connor's colleagues are saying for press consumption about today's news.
Posted at 06:00 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": Nina Totenberg reports that "O'Connor Steps Down from the Bench."

And the broadcast also included a segment entitled "Looking Past O'Connor at a New High Court" (featuring Law Professors Jeffrey Rosen and Douglas W. Kmiec).

The broadcast contained additional coverage of Justice Sandra Day O'Connor's retirement, and I'll link to those segments once the audio becomes available online. RealPlayer is required to launch these audio clips.
Posted at 05:45 PM by Howard Bashman




"Supreme Court: A just salary? Compared to the private sector, it's not a lot. Here's how the wage stacks up against other jobs." CNN/Money provides this look at the financial aspect of being a U.S. Supreme Court Justice.

Of course, for the many lower court judges on this short-list, promotion would involve a pay raise.
Posted at 05:30 PM by Howard Bashman




"Justice Sandra Day O'Connor: Her legacy and what her resignation means for the court." Slate is hosting this "breakfast table" conversation among Emily Bazelon, Oona A. Hathaway, and Dahlia Lithwick. And before you get too carried away ridiculing the name Oona A. Hathaway, be advised that she clerked for Justice O'Connor and now teaches at Yale Law School.
Posted at 05:25 PM by Howard Bashman



Reuters is reporting: James Vicini reports that "Battle set to replace retiring U.S. Supreme Court judge."

And Thomas Ferraro reports that "Democrats seek replacement in O'Connor mold."
Posted at 05:20 PM by Howard Bashman




"Democrats Warn Bush on Choosing Successor to O'Connor": David Stout of The New York Times provides a news update that begins, "Senators from both parties heaped praise on retiring Justice Sandra Day O'Connor today, and Democrats warned President Bush not to try to replace her with someone whose views they consider extreme. Republicans, meanwhile, signaled that they were girding for a fight."
Posted at 05:10 PM by Howard Bashman



Tom Curry, national affairs writer for MSNBC, is reporting: He has articles headlined "Court battle will shape America’s future: Will Democrats filibuster? If so, can Republicans overcome the roadblock?" and "O'Connor had immense power as swing vote; Over 24 years, justice shifted her views on abortion and death penalty."
Posted at 05:08 PM by Howard Bashman



"Senate Gets Ready for Confirmation Battle": Jesse J. Holland of The Associated Press provides this report.
Posted at 05:05 PM by Howard Bashman



"O'Connor Resignation a Critical Moment for Constitution, Crucial Test for President Bush and Senate; Replacement for pivotal Justice O'Connor will have 'monumental impact on Americans' lives and freedoms'": People For the American Way has issued this press release and has launched the web site "SaveTheCourt.org."
Posted at 04:33 PM by Howard Bashman



"How Clinton Treated Hatch": This post appears at the blog "Think Progress."
Posted at 04:20 PM by Howard Bashman



"O'Connor's Path Led to Center of the Court": The Washington Post provides this lengthy news update.
Posted at 03:52 PM by Howard Bashman



"The Bork Precedent: What the defeat of Robert Bork's nomination has taught the Bush White House." Fred Barnes has this essay online at The Weekly Standard this afternoon.

Relatedly, William Kristol was correct, while I was just kidding.
Posted at 03:22 PM by Howard Bashman




"This is the most stupid ruling the appellate court has rendered in years": So says the lawyer for the man who is the subject of an article headlined "He grabbed girl's arm -- now he's a sex offender" published today in The Chicago Sun-Times. (Via "Obscure Store.")
Posted at 03:20 PM by Howard Bashman



"Analysis: Gonzales -- Yes, But Not Yet?" Lyle Denniston of "SCOTUSblog" provides this post.
Posted at 03:15 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Washington Reacts to O'Connor Resignation"; "Evaluating O'Connor's Two Decades on the Court" (featuring Emily Bazelon and Law Professor Jeffrey Rosen); "The Politics of Supreme Court Succession"; and "Update on O'Connor Resignation News." RealPlayer is required to launch these audio segments.

And C-SPAN provides access to many additional video clips pertaining to Justice Sandra Day O'Connor's retirement announcement at this link.
Posted at 03:12 PM by Howard Bashman




"O'Connor to retire from Supreme Court": Ron Hutcheson and Stephen Henderson of Knight Ridder Newspapers provide this report.
Posted at 03:00 PM by Howard Bashman



Reuters is reporting: James Vicini reports that "U.S. Supreme Court Justice O'Connor retires."

And, lest anyone forget, Reuters also has a report headlined "Supreme Court has huge role in U.S. politics."
Posted at 02:52 PM by Howard Bashman




"Rehnquist's Future Still in Question": The Associated Press provides this report.
Posted at 02:00 PM by Howard Bashman



"Ninth Circuit Chief Judge Remarks Upon Retirement of Associate Justice Sandra Day O'Connor": The Ninth Circuit's Public Information Office has issued this news release.
Posted at 01:58 PM by Howard Bashman



"O'Connor to resign from Supreme Court; Justice was first woman on high court": CNN.com provides this report.

And from National Public Radio, back in May 2003 Nina Totenberg had a segment entitled "Sandra Day O'Connor's Supreme Legacy; First Female High Court Justice Reflects on 22 Years on Bench." And the fifty-one-minute-long unabridged audio of Totenberg's interview of Justice O'Connor can be accessed here. RealPlayer is required to launch these audio segments.
Posted at 01:10 PM by Howard Bashman




The AP is reporting: "O'Connor Kept Retirement Plans Secret" and "Reaction to O'Connor's Resignation."
Posted at 01:02 PM by Howard Bashman



"Interest Groups Mobilize for Court Push": The AP's Jesse J. Holland provides this report. The AP also offers its own short list of "Potential Candidates for Supreme Court."
Posted at 12:33 PM by Howard Bashman



"O'Connor Known for Pragmatic Style": Anne Gearan of The Associated Press provides this report.

And James Vicini of Reuters provides a profile headlined "Centrist O'Connor, first woman on US top court."
Posted at 12:20 PM by Howard Bashman




CBS Radio News reports that White House says don't expect a Supreme Court nominee before July 8, 2005: That's when President Bush is due to return from the G8 conference in Europe. [Update: See also this AP news alert.]

And now available on the White House's web site is a transcript headlined "President Delivers Remarks on Justice Sandra Day O'Connor's Resignation."
Posted at 12:08 PM by Howard Bashman




"A guide to the Supreme Court nomination: What's the process for replacing the retiring O'Connor?" Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 12:02 PM by Howard Bashman



"Justice O'Connor, Supreme Court's First Woman, Is Retiring": The Los Angeles Times provides this news update.
Posted at 12:00 PM by Howard Bashman



"Analysis: The Rehnquist question remains." Lyle Denniston has this report at "SCOTUSblog."
Posted at 11:50 AM by Howard Bashman



View online a PDF file containing the scanned image of Justice Sandra Day O'Connor's retirement letter: The letter is available here, via the Court's web site.
Posted at 11:45 AM by Howard Bashman



"Newsview: Battle Looms Over Court Nominee." The AP provides this news analysis.
Posted at 11:33 AM by Howard Bashman



Available online from The Associated Press: Jesse J. Holland reports that "Senate GOP Wants Quick Court Appointment."

Pete Yost reports that "O'Connor Leaves Legacy As Key Swing Vote."

And in other coverage, "Bush Gets First Chance for Court Nominee"; "Recent Supreme Court Timetables"; "A Look at Longest Supreme Court Vacancies"; and "Facts and Figures on Supreme Court."
Posted at 11:20 AM by Howard Bashman




"O'Connor, First Woman Supreme Court Justice, Resigns After 24 Years": The New York Times provides this news update.
Posted at 11:15 AM by Howard Bashman



Available online from The Associated Press: Now available online are items headlined "Text of O'Connor's Retirement Announcement"; "A Look at How Justice O'Connor Voted"; and "Bio Box: Sandra Day O'Connor."
Posted at 10:44 AM by Howard Bashman



"Supreme Court Justice O'Connor Resigns": The Washington Post provides this news update.

Reuters reports here that President Bush is expected to make a statement about Justice O'Connor's retirement at 11:15 a.m., but he is not expected to identify a nominee at that time.
Posted at 10:40 AM by Howard Bashman




Justice Sandra Day O'Connor has announced her retirement today from the Supreme Court of the United States: Gina Holland of The Associated Press provides this report. Given the dispositive role that Justice O'Connor's vote has played in so many of the Court's 5-4 rulings, a fierce battle over a successor is likely if the White House attempts to fill the vacancy with someone perceived as more conservative.
Posted at 10:24 AM by Howard Bashman



BREAKING NEWS -- Justice Sandra Day O'Connor to announce her retirement from the Court: FOXNews.com offers a report headlined "Sources: Retirement of Justice O'Connor 'Imminent.'"
Posted at 10:21 AM by Howard Bashman



Supreme Court retirement rumors are heating up! Stay tuned for complete coverage if anything materializes.
Posted at 10:15 AM by Howard Bashman



"Supreme Court Concludes Busy Session": Nina Totenberg had this end-of-Term wrap-up (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 10:05 AM by Howard Bashman



"Crime Liability Ruling Targets Businesses; California Supreme Court finds that proprietors bear some responsibility to protect their patrons from 'foreseeable' violence": Henry Weinstein has this article today in The Los Angeles Times.

And The San Diego Union-Tribune reports today that "Court says workers should have called 911 during attack."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 09:00 AM by Howard Bashman




"For now, Barrow shall not make a decision on lawsuit": The Athens (Ga.) Banner-Herald today contains an article that begins, "The Barrow County Commission will wait until after a July 7 court conference to decide how to proceed in a lawsuit challenging a Ten Commandments display in the Barrow County Courthouse, said Commission Chairman Doug Garrison."
Posted at 08:55 AM by Howard Bashman



"D.C. death threats alleged": The Connecticut Post of Bridgeport today contains an article that begins, "The FBI arrested a city woman accused of mailing death threats, some laced with rat poison, to each of the U.S. Supreme Court justices as well as FBI Director Robert S. Mueller III and Deputy Director John S. Pistole."
Posted at 08:50 AM by Howard Bashman



"Parents now must be told if teen daughter seeks abortion; A law requiring parental notification for underage women seeking abortions starts today, though a provision may lead to 'judge shopping'": This article appears today in The Miami Herald.
Posted at 08:48 AM by Howard Bashman



"So What's the Story on Bob Novak? His decision to play it cagey in the Plame case is helping no one." Law Professor Jonathan Turley has this op-ed today in The Los Angeles Times.
Posted at 08:35 AM by Howard Bashman



"State court affirms access to records": The Seattle Times today contains an article that begins, "The state Supreme Court made it harder to seal documents in civil cases yesterday, ruling that a manufacturer of medical tests can't shield records from the public without a compelling reason."

Yesterday's ruling of the Washington State Supreme Court can be accessed here (majority opinion) and here (opinion concurring in part and dissenting in part).
Posted at 07:10 AM by Howard Bashman




"State high court sides with Times; P-I owner Hearst pledges to continue fight to keep JOA": The Seattle Post-Intelligencer today contains an article that begins, "The Seattle Times Co. won a decisive legal victory in the city's newspaper dispute yesterday, taking a key step toward ending a strained business relationship that the Seattle Post-Intelligencer's owner calls essential to the P-I's survival. But The Hearst Corp. said it will forge ahead with its broader suit, raising the possibility that the conflict could continue for years."

The Seattle Times today contains articles headlined "Times wins key ruling in fight with rival P-I" and "Citizens committee suffers defeat."

And The Los Angeles Times reports that "Ruling May End a 2-Paper Era; A Washington state high court decision could lead to the severing of an operating agreement and close one of Seattle's journalistic rivals."
Posted at 07:05 AM by Howard Bashman




"Court backs broadband monopolies": This editorial appears today in The St. Petersburg Times.
Posted at 06:58 AM by Howard Bashman



"Property Ruling Strikes Nerve in House; Reacting to high court decision, lawmakers pass amendment that would ban use of federal funds for some seizures of private land": Maura Reynolds and David G. Savage have this article today in The Los Angeles Times.

The San Francisco Chronicle reports today that "Foes in Congress unite in defense of property."

Todd J. Gillman of The Dallas Morning News reports that "DeLay's not alone on latest court crusade; Many on his side after justices OK eminent domain for private gain."

The Washington Times reports today that "Congress assails domain ruling."

The Houston Chronicle reports that "Congress works to blunt property seizure ruling; Cornyn proposal would deny federal funds to any local government taking land for private use."

The Fort Worth Star-Telegram reports that "Texans leading attack on eminent domain ruling."

The Las Vegas Review-Journal reports that "Ensign joins chorus against ruling on eminent domain."

The Atlanta Journal-Constitution reports that "Property rights endorsed; Leaders pledge to limit eminent domain."

The Savannah Morning News reports that "Georgia politicians vow to protect property owners; Perdue responds to Supreme Court decision."

And The San Diego Union-Tribune reports that "Frye, Rider urge private-property protection; Steps proposed in wake of Supreme Court ruling."
Posted at 06:44 AM by Howard Bashman




"Departing Brown leaves legacy of acrimony, consensus building": David Kravets of The Associated Press provides a report that begins, "Janice Rogers Brown ended her nine-year stay on the California Supreme Court, leaving behind a paradoxical legacy of pithy dissents and abrasive comments targeting her court colleagues while at the same time writing the most majority opinions."
Posted at 06:42 AM by Howard Bashman



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