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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." |