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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." "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." "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." "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." "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." "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. 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." "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." 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?" 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." 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." "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." "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." "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." 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." 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. "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." 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." 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." "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." 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. "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." 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." 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." "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:
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. 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." "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." "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. "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." 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. 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." 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." 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. "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." "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.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." "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.] "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. "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." "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." "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." "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." "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.'" "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." "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." "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. 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." 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." "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." 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." "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." 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." "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." "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." "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." "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. "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." "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." "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. "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." 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." "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. "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." 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." "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." "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." 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." "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." "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?" "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." 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." "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." 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." "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?" "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." "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." 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." "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.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." "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." 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. "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." 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." "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." "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." 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." "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." 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." "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. 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." "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." "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." "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." 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." 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." 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." 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." 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. 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." "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." 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." 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. 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." "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." "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.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." "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." "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:
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 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." "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." 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?" 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." "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." "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. "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." 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. "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." 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." "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." 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." 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." "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." 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." 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." In Wednesday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined:
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." "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. "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.'" 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." 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. 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." "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." 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." 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." "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." 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." "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. "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." "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?" "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." 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." "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?" "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." "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." "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." 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." "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. 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." "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. "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." "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." "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." 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." 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." 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.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." "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." "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." 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." "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." "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." "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." "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." 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. 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. "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. "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." "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." "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?" "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." "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." 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." "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." 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). "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." 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." 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. "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." "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." 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." "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." 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.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." 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. "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." 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." 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." "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." "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. "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. "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." "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." "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." "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." "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." "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." "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." 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." 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." "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." "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." "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." 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. 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." 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. "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." "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." "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." "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." "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." 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." "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.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." "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." "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 Hi |
