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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."  
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