How Appealing

Wednesday, August 31, 2005


"U.S. Alters Rules for War Crime Trials": Neil A. Lewis will have this article Thursday in The New York Times.
Posted at 10:20 PM by Howard Bashman



"Lengthy Practices Prepare Court Nominee for His Senate Hearings": This article will appear Thursday in The New York Times.

Thursday's issue of USA Today will report that "Bipartisan intro set for Roberts hearings."

In commentary, meanwhile, tomorrow's issue of USA Today will contain some suggested confirmation hearing questions, along with an op-ed by Paul Sracic entitled "A revealing hearing? It could happen."

And in Friday's edition of The Forward, Marc Stern will have an essay entitled "Question Time for John Roberts."
Posted at 10:10 PM by Howard Bashman




"Roberts' Supreme Court Hearings Begin Next Tuesday": Voice of America News provides this report.
Posted at 08:50 PM by Howard Bashman



"Hot Topics: Information on John Glover Roberts, Jr., Supreme Court Nominee." The University of Michigan Law Library has collected an impressive amount of information at this link.
Posted at 08:40 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Roberts Poked at Congress As Reagan Lawyer."

An article headlined "Md. Panel Approves Airport Name Change" begins, "A state board on Wednesday approved changing the name of the Baltimore-Washington International Airport to honor the late Thurgood Marshall."

And in news from Texas, "Perry Signs Law Limiting Property Seizures."
Posted at 08:28 PM by Howard Bashman




"Adelphia drops Boies' law firm over family ties to data company": Bloomberg News provides this report.

And CNN/Money reports that "Adelphia, Boies firm part ways; Cable company severs ties with firm after learning of connection between Amici and Boies' children."

The Wall Street Journal contained articles on this subject both yesterday and today (via "Adam Smith, Esq.").

Other blog-based coverage can be found here and here via "Ideoblog" and here via "Corporate Compliance Prof Blog."
Posted at 07:44 PM by Howard Bashman




Senate Judiciary Committee to postpone confirmation hearing for U.S. Supreme Court nominee John G. Roberts, Jr. due to Hurricane Katrina? We shall see.
Posted at 07:10 PM by Howard Bashman



"Would Roberts practice the restraint he preaches? Judges should judge, nothing more, says High Court nominee." Warren Richey will have this article in Thursday's edition of The Christian Science Monitor.
Posted at 07:02 PM by Howard Bashman



"American can be extradited to face Thai death penalty": Reuters provides this report about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 06:00 PM by Howard Bashman



"The Myth of the Ginsburg Precedent," featuring U.S. Senator Charles E. Schumer (D-NY): The American Constitution Society is hosting this event tomorrow. The most recent email that I have received from the ACS reports that the location of the event has changed to Room 538, Dirksen Senate Office Building, Corner of First St. and C St., NE in Washington, DC.
Posted at 04:58 PM by Howard Bashman



"The offices of the United States District Court for the Eastern District of Louisiana are closed until further notice. By order of Chief Judge Helen G Berrigan, all deadlines and delays in matters pending before this court are suspended until ordered otherwise." So reports the web site of the New Orleans-based federal district court.
Posted at 04:32 PM by Howard Bashman



"Hurricane Katrina and the Federal Courts": The blog "Underneath Their Robes" offers this post, which among other things wonders how those law students hoping to obtain a clerkship with a Fifth Circuit judge who has his or her home chambers in New Orleans are to submit their applications next week.
Posted at 04:00 PM by Howard Bashman



The Associated Press is reporting: An article begins, "A federal appeals court ruled Wednesday that Hawaii taxpayers may sue to stop state funding of the Office of Hawaiian Affairs for allegedly discriminating against non-Hawaiians."

And in other news, "N.Y. Judge Hesitant on Abu Ghraib Photos."
Posted at 03:25 PM by Howard Bashman




"Law and Lawyers Post-Katrina": "ProfessorBainbridge.com" offers this interesting post.
Posted at 03:22 PM by Howard Bashman



"Civil rights leaders oppose US court nominee": Reuters provides this report.
Posted at 03:15 PM by Howard Bashman



First Circuit examines federal statute creating an exception to the rule of public access to papers filed in a bankruptcy case for material that is "scandalous or defamatory": You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:10 PM by Howard Bashman



"Roberts and O'Connor Share Similar Style": Gina Holland of The Associated Press provides this report.
Posted at 02:24 PM by Howard Bashman



"Peering Through the Merck: Deconstructing the strategy choices facing the Vioxx litigants." Cullen Seltzer has this jurisprudence essay online at Slate.
Posted at 01:54 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: In Arakaki v. Lingle, today a three-judge panel has reversed the dismissal of a suit claiming that Office of Hawaiian Affairs programs that are funded by state tax revenue violate the equal protection clause of the Fourteenth Amendment. The opinion begins, "In this case we are called on, yet again, to hear a challenge to state programs restricting benefits to 'native Hawaiians' or 'Hawaiians.'"

And in a separate decision issued today, a three-judge panel divides on the question of what constitutes "forced accompaniment" under a federal criminal statute that provides:

Whoever, in committing any offense defined in this section [dealing with bank robbery], or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment.
You can access the complete opinion at this link.
Posted at 01:45 PM by Howard Bashman



"Empty Files: Where is the case Democratic case against John Roberts? There is none." Roger Clegg has this essay today at National Review Online.
Posted at 12:45 PM by Howard Bashman



"Wife given quick divorce from gay hubby; Judge agrees law for fast divorce discriminates": This article appears today in The Province of Vancouver, Canada.

Canadian Press reports that "Husband's gay affairs still grounds for divorce; Adultery includes same-sex relations, B.C. Supreme Court judge rules."

BBC News reports that "Canada recognises 'gay adultery'; A Canadian woman has won a legal battle allowing her to divorce her husband for having an affair with another man."

And The Associated Press reports that "Canadian judge rules homosexual affair is grounds for divorce."
Posted at 12:20 PM by Howard Bashman




The Baltimore Sun is reporting: Today's newspaper contains articles headlined "Academy will continue lunch prayers; Air Force decision won't affect rite, the Navy says" and "Judge hears argument for gay marriage in Maryland; Lawyer for 9 couples says state law violates rights."
Posted at 12:14 PM by Howard Bashman



Some of these bobblehead dolls "already are selling for up to $300 apiece on eBay": And the shocking news is that the dolls in question don't even depict U.S. Supreme Court Justices.
Posted at 12:02 PM by Howard Bashman



"We seriously doubt Batson and its progeny extend federal constitutional protection to a venire panel member's sexual orientation": So opines a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit in two related appeals decided today (see here and here). As the quoted passage suggests, the Eighth Circuit found it unnecessary to decide whether the government may exclude a potential juror from jury service based on the potential juror's sexual orientation.
Posted at 11:54 AM by Howard Bashman



"Questions for Roberts Submitted on Web": The Associated Press provides this report.
Posted at 11:50 AM by Howard Bashman



"Would you like to sit on the Supreme Court?" How about serving on the Supreme Court of Canada? If you answer "yes" to the second of these questions, Canadian Press offers news of interest for you.
Posted at 11:35 AM by Howard Bashman



"U.S. Moves to Bolster Rights Of Guantanamo Terror Defendants": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 11:28 AM by Howard Bashman



"Genie Grants Scalia Strict Constructionist Interpretation Of Wish": The Onion, which has undergone an attractive redesign, provides this newsbrief.
Posted at 11:22 AM by Howard Bashman



In commentary from today's edition of The New York Times: A statutory rape prosecution is the subject of an editorial entitled "What's the Matter With Kansas?"

And my friend Jeremy Blachman, whose blogs you can access here and here, has an op-ed entitled "Job Posting" about workplace-related blogging.
Posted at 11:20 AM by Howard Bashman




"Ernie the Attorney" has successfully left New Orleans: Details here. The front page of today's edition of the Times-Picayune of New Orleans can be accessed online here, while the rest of today's newspaper is available via this link.
Posted at 07:02 AM by Howard Bashman



"Reagan Library Finds Thousands of Additional Roberts Documents": This article appears today in The New York Times.

The Los Angeles Times reports today that "More Documents on Supreme Court Nominee Found; The Reagan library says papers related to John Roberts had been overlooked."

The Washington Times contains articles headlined "More Roberts papers discovered" and "Blacks see Roberts racially 'secluded.'"

USA Today contains an article headlined "Gonzales: Some abortion queries OK; Attorney general says John Roberts could give views without revealing how he'd rule."

The Washington Post reports that "Alliance Assails Roberts on Rights; Liberal Groups Press Uphill Battle."

And The Pittsburgh Post-Gazette reports that "Liberal advocacy group opposes Roberts."

In commentary, The Los Angeles Times today contains an op-ed by Law Professor Erwin Chemerinsky entitled "Once again, just too conservative."

In USA Today, Law Professor Jonathan Turley has an op-ed entitled "Roberts: The Before and The After," while Craig Wilson has an essay entitled "Kids and politics? You bet your Buster Browns!"

And Newsday contains an op-ed by Sol Wachtler and David Gould entitled "What kind of conservative?"
Posted at 06:45 AM by Howard Bashman




"Custody case spotlights couples' parental rights; In high court: A mother wants her former lesbian partner's visitation rights to their child cut off." The Salt Lake Tribune contains this article today.

And The Deseret Morning News reports today that "Ex-partners in court; Standing-room-only crowd hears case on visitation of 3-year-old."
Posted at 06:30 AM by Howard Bashman




"Blogger Faces Lawsuit Over Comments Posted by Readers": This article (free access) appears today in The Wall Street Journal.
Posted at 06:25 AM by Howard Bashman


Tuesday, August 30, 2005


"The Confirmation Hearings of Justice Ruth Bader Ginsburg: Answering Questions While Maintaining Judicial Impartiality." Kristina Silja Bennard is the author of this report, which The American Constitution Society has posted online (via "ACSBlog").
Posted at 08:04 PM by Howard Bashman



"Reagan Library Discovers Additional Roberts Records": The National Archives issued this press release today.
Posted at 07:50 PM by Howard Bashman



"A Closer Looks at John Roberts": This segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here and Now."
Posted at 07:44 PM by Howard Bashman



"Johnston gets stay of execution": The St. Louis Post-Dispatch provides a news update that begins, "Timothy Johnston, who had been set to be executed tomorrow for murdering his wife in 1989, won a reprieve late today from the 8th U.S. Circuit Court of Appeals. A three-judge panel of the court voted 2-1 to grant him an emergency stay of execution until 12:01 a.m. next Thursday, Sept. 8." The article reports that the death row inmate is arguing in support of his request for a stay that "the three drugs used to execute death-row prisoners in Missouri violate his Constitutional right against cruel punishment."

Update: The stay was short-lived, as "Sentencing Law and Policy" reports in an update here.
Posted at 07:35 PM by Howard Bashman




"Precedent": That's the title of the new ad from Progress for America scheduled to air on TV tomorrow. You can access the ad online via JudgeRoberts.com at this link.
Posted at 06:02 PM by Howard Bashman



U.S. Court of Appeals for the Fifth Circuit update: Available online here.
Posted at 05:55 PM by Howard Bashman



"Gay extramarital flings don't count as adultery": The Toronto Globe and Mail today contains a front page article that begins, "Shelly Pickering thinks it is unfair that her husband's extramarital affair with a man doesn't legally count as adultery. So today, she's heading to court in Vancouver to challenge the law." According to the article, the attorney for the woman who is seeking a divorce spells her name entirely in lower-case letters.
Posted at 05:28 PM by Howard Bashman



"Gay rights suit on docket; Nine same-sex couples challenge marriage law; Judge to begin hearing case today; Legal actions filed in Md., five other states over bans": This article appears today in The Baltimore Sun, which also provides an updated report from The Associated Press here.
Posted at 05:25 PM by Howard Bashman



Reuters is reporting: Thomas Ferraro reports that "Both sides step up battle over US court nominee." The article notes that Alliance for Justice today issued a lengthy report opposing confirmation.

And in other news, an article headlined "Appeals court finds for Lexmark in cartridge case" reports on this ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:05 PM by Howard Bashman




The Fifth Circuit's web site is back online: Although oddly it now redirects to the web site of the U.S. Court of Appeals for the Southern District of Texas. Presumably the Fifth Circuit's headquarters in New Orleans will remain closed tomorrow. The Supreme Court of Louisiana is also headquartered in New Orleans, and its web site remains inaccessible. The web site of the U.S. District Court for the Eastern District of Louisiana, also based in New Orleans, continues to function. Donations to the hurricane relief effort can be made via this earlier post.
Posted at 05:00 PM by Howard Bashman



"Progress for America's 'Ginsburg Precedent' is Misleading Propaganda": People For the American Way issued this news release today.
Posted at 04:44 PM by Howard Bashman



"Roberts Memos: Who Cares about the Syntax?" David Corn has this blog post online at The Nation.
Posted at 03:45 PM by Howard Bashman



"Roberts Preps for Senate Hearing": Jesse J. Holland of The Associated Press provides this report.
Posted at 03:42 PM by Howard Bashman



"Based on the text of this statute and the absence of any contrary expression of congressional intent, we hold that an individual falling within the 'regarded as' category of disability under the ADA is entitled to a reasonable accommodation no less than an individual satisfying the actual-impairment definition of disability." So a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled in an opinion issued today.
Posted at 03:34 PM by Howard Bashman



"Slate's Jurisprudence: A 'Living' U.S. Constitution?" This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:30 PM by Howard Bashman



"Plan of Attack: Next week Democrats can criticize Roberts and big government at the same time." Eric Columbus today has this essay (free registration required) online at The New Republic.
Posted at 03:25 PM by Howard Bashman



"Be Unprepared: Why the Senate should ask John Roberts the questions he least expects." Bruce Reed of Slate's "The Has-Been" offers these thoughts.
Posted at 02:52 PM by Howard Bashman



"ACLU Urges Senate to Carefully Review Record of John Roberts, Expresses Deep Concern Over Nominee": The ACLU today issued this press release summarizing the "Report of the ACLU on the Nomination of Judge John Roberts Jr., to be Associate Justice on the U.S. Supreme Court," also issued today. In addition, the organization today sent a letter to the Chairman and ranking Democratic member of the Senate Judiciary Committee.
Posted at 02:45 PM by Howard Bashman



Ninth Circuit courthouse turns 100 years old and wishes for no more U.S. Supreme Court reversals while blowing out birthday candles: The U.S. Court of Appeals for the Ninth Circuit yesterday issued a press release entitled "Ninth Circuit Celebrates San Francisco Courthouse Centennial."
Posted at 02:40 PM by Howard Bashman



Stephen Aslett gets results: Fast on the heels of this post at "The Volokh Conspiracy," I received the following email from the aforementioned Stephen Aslett stating:
Mr. Bashman,

I'm sure you're aware that your blog is one of the more popular legal blogs on the web. Therefore, it gets a lot of traffic from lawyers who have money to spare. Until a few days ago, I (along with many others) was a law student in New Orleans and I (along with many others) had a place to live. It looks like we won't be able to get back for weeks or months. There's been a huge loss of life (no one's been able to take an accurate count yet) and 80% of the city is underwater in whole or in part. We need all the financial help we can get.

Could you please put a prominent link to the Red Cross website on your main page and encourage people to donate what they can to the relief efforts?

You can access the Red Cross web site at this link, and online donations can be accomplished here.
Posted at 02:30 PM by Howard Bashman



"US FTC takes Schering patent case to high court": Reuters reports here that "U.S. antitrust authorities on Tuesday said they had asked the Supreme Court to reverse an appeals court ruling and reinstate antitrust charges against Schering-Plough Corp." I first noted the Eleventh Circuit's ruling in a post you can access here.
Posted at 12:28 PM by Howard Bashman



"Abortion law could mean death penalty for doctors; Lawmakers say that wasn't their intent when they passed measure": The Austin American-Statesman today contains an article that begins, "Texas doctors who perform abortions without parental approval or during the third trimester could face capital murder charges because of a law that will take effect Thursday, a prosecutors' group says." (Via "Sentencing Law and Policy.")
Posted at 11:33 AM by Howard Bashman



"The Big Coverup: Unless the courts say otherwise, this is the week the naked breast in Missouri goes bye-bye." This article appears in this week's issue of The Pitch of Kansas City, Missouri, along with a related article headlined "Breast Exam: Dancers answer our questions about why they dance." Both of these articles are accompanied by images that may not qualify as work-safe.

Last Wednesday, the Kansas City Star reported that "Adult entertainment industry protests law; Restrictions unconstitutional, lawyers say." And on Saturday, The KCStar reported that "Judge rules against Missouri strip club law; Says restrictions violated U.S., Missouri constitutions." According to an update (second item) published today, "Missouri plans to appeal a judge's ruling tossing out a law placing new restrictions on strip clubs."
Posted at 11:10 AM by Howard Bashman




"Uneven Treatment Marks Roberts Nominations": The Associated Press provides a report that begins, "The last time John Roberts went before the Senate Judiciary Committee, one senator accused another of asking dumb questions." In fact, the charge was that "dumb-ass" questions were being asked.
Posted at 10:58 AM by Howard Bashman



"Senator Wile E. Coyote: A terribly troubling letter." Today at National Review Online, Hadley Arkes has an essay that begins, "In a recent, highly publicized letter to Supreme Court nominee John Roberts, Sen. Arlen Specter (R., Pa.) mapped out some questions that Roberts can expect -- questions not entirely friendly, questions that reflect an adversary stance, closer to the stance of the Democrats on the Senate Judiciary Committee. Precisely why questions of this kind should be emanating from the Republican chairman of the committee is a serious question, somehow never raised in the reporting of this letter."
Posted at 10:54 AM by Howard Bashman



"Lawyers for Saudi Prisoner Ask Court to Throw Out Roberts Ruling": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 10:44 AM by Howard Bashman



"Documents offer insight into Roberts' work in '80s": Joan Biskupic and Toni Locy have this article today in USA Today.

The Los Angeles Times reports today that "Roberts to Be Quizzed on Torture; The Supreme Court nominee will be asked for his views on Bush administration policy during confirmation hearings, senator says."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Roberts tied to Bush-Quayle campaign; Supreme Court nominee said he provided opposition research."

The Washington Times reports that "Memos highlight Roberts' caustic side."

And The Arkansas News Bureau reports that "Liberal group ask Arkansas senators to review Roberts' record."

In commentary, The Boston Globe contains an editorial entitled "The Roberts stakes."

In Newsday, columnist Marie Cocco has an op-ed entitled "Pill politics raises question on Roberts."

And in The Wall Street Journal, Quin Hillyer has an essay entitled "How Judges Are Judged: A look at the inside of 'The Borking Rebellion'" (free access).
Posted at 06:50 AM by Howard Bashman




"Judges aren't judges of morality, Scalia says; U.S. associate justice addresses Chapman crowd on law school's 10th anniversary": This article appears today in The Orange County Register.

The Los Angeles Times reports today that "Scalia, at O.C. School, Sees 'Court' Alter Rule."

And The Associated Press reports that "Scalia Joins Law Students in Re-Enactment."
Posted at 06:45 AM by Howard Bashman




"Catastrophic": That's the front page headline today in The Times-Picayune of New Orleans. You can access today's T-P in PDF format via this link. The web site of the New Orleans-based U.S. Court of Appeals for the Fifth Circuit remains off-line at this hour, although the web site of the New Orleans-based U.S. District Court for the Eastern District of Louisiana continues to work as it did throughout the day yesterday. "Ernie the Attorney" rode out the storm in New Orleans and reports here that "it's pretty clear to me that this city isn't going to be even marginally operational for at least a couple of weeks or even a month." If and when I receive updates regarding the Fifth Circuit's plans to resume operations at its headquarters or elsewhere, I will pass them along.
Posted at 06:30 AM by Howard Bashman


Monday, August 29, 2005


In Tuesday's edition of The New York Times: Tomorrow's newspaper will report that "Nominee Opposed Police Role for Agencies" and "Roberts Leaves Meeting With Homework."

And in other news, "Rape Charge Follows Marriage to a 14-Year-Old." I first noted this matter just over one month ago in a post you can access here.
Posted at 11:50 PM by Howard Bashman




"Roberts Can Expect Difficult Confirmation Process": John Lott has this essay online at FOXNews.com.
Posted at 11:20 PM by Howard Bashman



"Alive and Kicking: Why no one truly believes in a dead Constitution." Law Professor Jack M. Balkin has this jurisprudence essay online at Slate. And he has more to say on the subject in this blog post.
Posted at 10:30 PM by Howard Bashman



"Roberts Memo Urged Laws Prohibiting Busing, Quotas": This article will appear Tuesday in The Washington Post.

Reuters provides reports headlined "U.S. sued over toad at center of Roberts' case" and "US Court nominee to expect questions on torture."

Newsday on Tuesday will report that "Roberts' rights views shown."

In commentary, Tuesday's edition of The Washington Post will also contain an op-ed by columnist E.J. Dionne Jr. entitled "The Democrats' Supreme Conundrum."

And Tuesday in USA Today, DeWayne Wickham will have an op-ed entitled "Democratic deal-makers once again sell out blacks," while Kathleen Parker will have an op-ed entitled "Recent hearings haven't done us proud."
Posted at 10:15 PM by Howard Bashman




Available online from law.com: An article describes "How a Small-Firm Attorney Took On Merck and Won."

An article is headlined "11th Circuit Judge: Timeliness Precedent Is Too Strict; To follow case law, federal appeals court upheld 'erroneous' prison sentences."

And in news from Florida, "U.S. Attorney's Porn Fight Gets Bad Reviews; Obscenity Prosecution Task Force will focus on Internet crimes and peer-to-peer distribution of pornography."
Posted at 10:05 PM by Howard Bashman




"Leahy Urges Roberts To Keep Open Mind": This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" included this segment (transcript with link to audio).
Posted at 09:58 PM by Howard Bashman



Available online from C-SPAN: This past Saturday's broadcast of "America & the Courts" was entitled "Interviews with Teacher, Friend & Colleague of Judge Roberts." Because I haven't yet viewed the program, I don't know whether the friend was asked about this photograph in which they appear together; the blog "Underneath Their Robes" dwells on the photo in this post.

Two Saturdays ago, "America & the Courts" aired a program entitled "John Roberts DC Court of Appeals Confirmation Hearing."

And today's broadcast of "Washington Journal" contained a segment entitled "Rev. Barry Lynn, Separation of Church & State, & Jay Sekulow, American Center for Law & Justice."
Posted at 08:32 PM by Howard Bashman




"A Rotten Ruling": Law Professor Lawrence Lessig has this Grokster-related essay in the September 2005 issue of Wired magazine (via "Bag and Baggage").
Posted at 05:50 PM by Howard Bashman



"2 mom's battle has legal issues; But women concerned more with child than gay rights": The Deseret Morning News today contains this article previewing a case to be argued tomorrow before the Supreme Court of Utah.
Posted at 05:32 PM by Howard Bashman



"Leahy: Democrats Will Question Roberts." Jesse J. Holland of The Associated Press provides a report that begins, "Democrats plan to question Supreme Court nominee John Roberts about a disavowed Justice Department memo that critics say led to torture in foreign prisons, top Senate Judiciary Democrat Patrick Leahy of Vermont said Monday."
Posted at 05:20 PM by Howard Bashman



Plaintiff's failed attempts to electronically file a motion to remand before applicable, non-waivable deadline did not require federal district court to retain lawsuit defectively removed from state court: Who says two wrongs don't make a right? Today the U.S. Court of Appeals for the Second Circuit issued a ruling holding that a plaintiff's motion to remand -- untimely filed due to difficulties with the district court's electronic case filing system -- authorized the district court to send the case back to state court, even though the jurisdictional deadline for such remand motions had passed before plaintiff achieved the successful electronic filing of the motion.
Posted at 05:05 PM by Howard Bashman



Welcome to the "Yale Federalist Society Blog": This new blog had its debut on August 24, 2005.
Posted at 04:40 PM by Howard Bashman



Federal appellate judge-blogger rebuts charge that this is one of his "quirkier" judicial opinions of all time: This comment at "The Becker-Posner Blog" is mentioned in a quite interesting post titled "The Ten Commandments--Posner's Response to Comments." Of course, as clarified in reply to Judge Posner's response to comments, the person who called the opinion among Judge Posner's "quirkier" didn't intend a negative connotation.
Posted at 04:25 PM by Howard Bashman



"Roberts Wanted to Rein in U.S. Employment Agency, Memo Says": Bloomberg News provides this report.

And Jesse J. Holland of The Associated Press reports that "Roberts showed impatience with Reagan supporter, documents show."

Last week, while I was away, the PBS program "The NewsHour with Jim Lehrer" aired a segment entitled "Senate Judiciary Committee Chairman discusses Roberts nomination" (transcript with links to audio and video).

Also last week, NPR's "Morning Edition" aired a segment entitled "A Preview of John Roberts' Confirmation Hearings" (RealPlayer required).
Posted at 03:44 PM by Howard Bashman




In New Mexico, third-party candidates in 2004 Presidential election demand a recount: The Associated Press provides a report headlined "Lawyer Asks N.M. Court to Order Recount" that begins, "The state's highest court was asked Monday to order a recount in the razor-close 2004 presidential election in New Mexico even though it's too late for a new vote tabulation to change the outcome."
Posted at 02:40 PM by Howard Bashman



"Group Launches Ad Campaign Opposing Roberts; StopJohnRoberts.com will air 'School Prayer' Ad This Week; Ad Will Air in Selected Markets During the Opening Weeks of Confirmation Hearings": I received via email from ProtectOurCourt.org this afternoon a press release that begins, "The group of activists that launched StopJohnRoberts.com announced today that they will launch their first television ad titled 'School Prayer.' The ad focuses on John Roberts's role in the 1991 Lee vs. Weisman case, and the ramifications of his confirmation on the future of the separation of church and state in our country." You can view the ad online here (Windows Media) and here (QuickTime).
Posted at 02:30 PM by Howard Bashman



"Justice Stevens Adds Fuel to the Fire Over the New London Eminent Domain Case": FindLaw commentator Michael C. Dorf has this essay today.
Posted at 12:33 PM by Howard Bashman



"Congress, the courts and the Commerce Clause: With John Roberts set to replace the Supreme Court's swing vote on federalism, he should be rigorously questioned on the scope of congressional power." This editorial appears today in The St. Petersburg Times.
Posted at 11:40 AM by Howard Bashman



"Roberts Pushed for Reagan Policies": Jesse J. Holland provides this early report on the additional documents released today.
Posted at 11:38 AM by Howard Bashman



"Stung by Ruling, Man Seeks Justice Souter's Land": This segment (RealPlayer required) appeared on last Thursday's broadcast of NPR's "All Things Considered."

In other coverage, FOXNews.com offers a report headlined "Land Grab or 'Just Deserts?'" The Associated Press reports that "'Hotel Souter' man visits Weare, leaves presents for Souter." And The Concord Monitor reports that "It's Souter vs. Souter, he says; Activist seeking to seize justice's home." You can view a photograph of the activist posing with a "Lost Liberty Hotel" t-shirt next to Justice David H. Souter's mailbox by clicking here.
Posted at 11:30 AM by Howard Bashman




Nude dancing, breast implants, and punitive damages for insurance bad faith: While I was on vacation last week, the U.S. Court of Appeals for the Sixth Circuit issued some noteworthy rulings.
Posted at 11:09 AM by Howard Bashman



"FEC Asks Court to Rethink Campaign Finance": The Associated Press reports here that "The Federal Election Commission on Monday asked a full appeals court to reconsider a decision by a smaller appellate panel that had ordered the FEC to write tougher rules to carry out a 2002 campaign finance law."

The Federal Election Commission has today issued a press release titled "FEC Files Petition for Rehearing in Shays v. FEC."
Posted at 10:43 AM by Howard Bashman




"Blawg Review #21": Available here, at Carolyn Elefant's "My Shingle."
Posted at 09:58 AM by Howard Bashman



"Plaintiff in 1962 landmark school-prayer case reflects on his role": David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 09:54 AM by Howard Bashman



"Records Pertaining to John G. Roberts, Jr." The U.S. National Archives and Records Administration has this morning posted online these additional PDF files, categorized as "Record Group 60: Department of Justice Accession #60-88-0494, Files of Carolyn B. Kuhl."
Posted at 09:45 AM by Howard Bashman



"For every Roe vs. Wade, there are dozens of cases like Unitherm Food Systems Inc. vs. Swift-Eckrich Inc." Today in The Biloxi Sun Herald (where attention is understandably directed elsewhere), syndicated columnist James J. Kilpatrick has this essay. The essay is also available here directly from Universal Press Syndicate. In the essay, Kilpatrick misspells the last name of the U.S. Supreme Court's Clerk, William K. Suter.
Posted at 09:04 AM by Howard Bashman



In commentary published today in The New York Times: The newspaper today contains an editorial entitled "Free Judy Miller" and a felony disenfranchisement-related editorial entitled "Nebraska in the Lead."

Also, Georgia Ka'apuni McMillen has an op-ed from Maui, Hawaii entitled "A School of One's Own."
Posted at 07:00 AM by Howard Bashman




"Justice Stevens: When law is clear." This editorial, commenting on Linda Greenhouse's article headlined "Justice Weighs Desire v. Duty (Duty Prevails)" published last week in The New York Times, appears today in The Seattle Post-Intelligencer.
Posted at 06:54 AM by Howard Bashman



"Just the verdict, please: The Vioxx award shows that juries are lousy at 'sending messages' to defendants." Law Professor Peter H. Schuck has this op-ed today in The Los Angeles Times.
Posted at 06:50 AM by Howard Bashman



"Stock holdings could hold back Roberts on some cases; Nominee has $1.6M portfolio": USA Today contains this front page article today, along with a related article headlined "Justices can skip a case but prefer not to; Sitting out can mean tie vote, and thus an unresolved issue."

In commentary, The Washington Post today contains an op-ed by Law Professor Cass R. Sunstein entitled "What To Ask Roberts."

Today in The Dallas Morning News, Terry Eastland will have an op-ed entitled "Roberts' resume: Distinguished, conservative, a product of the Reagan era."

In The Boston Globe, Cathy Young has an op-ed entitled "Feminists have fixed the 'woman-hater' label to Roberts."

In The Detroit News, Deb Price has an op-ed entitled "Roberts' confirmation hinges on protecting gay rights."

And the September/October 2005 issue of Mother Jones contains an essay entitled "Courting Failure."
Posted at 06:30 AM by Howard Bashman



Sunday, August 28, 2005


"Senate's role: Some advice, much consent." Ross K. Baker will have this op-ed Monday in USA Today.
Posted at 11:25 PM by Howard Bashman



"In Re Grammar, Roberts's Stance Is Crystal Clear": Monday's edition of The New York Times will contain this article.
Posted at 10:12 PM by Howard Bashman



"Access to Abortion Pared at State Level": This front page article will appear Monday in The Washington Post.
Posted at 10:10 PM by Howard Bashman



"5 Things You Need to Know About Roberts: He's going to be on the Supreme Court for life; So what kind of justice will he be?" Time magazine's September 5, 2005 issue will contain this article.

Elsewhere, Delia M. Rios of Newhouse News Service has an article headlined "Divining the Meaning of the Constitution."
Posted at 08:50 PM by Howard Bashman




"Judge awaits verdict in opera's court of public opinion": This article appears in Monday's edition of The Sydney Morning Herald.
Posted at 08:42 PM by Howard Bashman



"The Mommy Blawg" hosts "Blawg Review #20": I would have linked to this earlier had I not been on vacation last week.
Posted at 07:40 PM by Howard Bashman



"Caribbean Court Gives Chickens Time of Day": The Los Angeles Times today contains an article that begins, "In the sweaty abandon of a summer festival, did calypso singers libel chickens? That question, with all of its free speech ramifications, is the unlikely first issue taken up by the Caribbean Court of Justice, the new regional high court that is replacing the London Privy Council and completing a four-decade journey to independence for former British colonies in the Caribbean."

In other coverage, The Associated Press reported that "Chicken case goes to Caribbean court."

The underlying dispute arose on Barbados, where earlier this month The Barbados Advocate reported that "CCJ gives radio station more time."

And The Trinidad & Tobago Express published articles headlined "CCJ seeks speedy end to 1990 case; Chicken farm vs Barbadian radio company" and "First sitting of CCJ; Bomb scare, cramped conditions."
Posted at 07:32 PM by Howard Bashman




"Backers of high court pick put views on the table; The conservative group Progress for America promotes Judge John Roberts' nomination on the radio and at a $493 lunch": This article appeared yesterday in The Providence (R.I.) Journal.
Posted at 07:20 PM by Howard Bashman



"Court is closed Monday, August 29th and Tuesday, August 30th; Oral Arguments are cancelled for the entire week": So reports the web site of the U.S. Court of Appeals for the Fifth Circuit, headquartered in New Orleans. After crossing through the southern portion of the U.S. Court of Appeals for the Eleventh Circuit toward the end of last week, Hurricane Katrina now threatens to wreak havoc at the headquarters of the Fifth Circuit and the westernmost portion of the Eleventh. From there, the forecast predicts that the storm will head into the geographical jurisdiction of the Sixth Circuit.
Posted at 06:24 PM by Howard Bashman



"Hypocrisy on adult consent": Columnist Jeff Jacoby has this op-ed today in The Boston Globe. The op-ed focuses on the Seventh Circuit's ruling two months ago in Muth v. Frank, a decision rejecting a state prisoner's argument that Wisconsin's incest statute is unconstitutional insofar as it seeks to criminalize a sexual relationship between two consenting adults. My earlier coverage of that ruling can be accessed here.
Posted at 03:40 PM by Howard Bashman



In news from Vermont: The Rutland Herald reported yesterday that "Fell asks judge to throw out death sentence."
Posted at 03:34 PM by Howard Bashman



"Georgia County Panel's Prayers Contested": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Sunday."

In earlier coverage, The Atlanta Journal-Constitution recently reported that "Lawsuit opposes prayers at Cobb County meetings."
Posted at 03:05 PM by Howard Bashman




"Roberts: Ready for His Close-Up." This article appears in the current issue of Newsweek.
Posted at 03:00 PM by Howard Bashman



Not only is this federal court secretive, but now it will be using big words that few are likely to understand: The Providence (R.I.) Journal reported on Thursday of last week that "Selya named to secretive federal court on wiretaps; His appointment to the U.S. Foreign Intelligence Surveillance Court of Review will be for a seven-year term."

My "20 questions for the appellate judge" interview with First Circuit Judge Bruce M. Selya from March 2004 can be viewed at this link.
Posted at 10:44 AM by Howard Bashman




The Sacrament Bee is reporting: Today's newspaper contains articles headlined "2 capital judges on high court short list; Schwarzenegger lists England, Raye and a Bay Area magistrate as possible Brown successors" and "Setting a high bar: Dale McKinney, once serving life in prison, prepares to practice law; How did he do it?"

And last week, while I was away on vacation, the newspaper published articles headlined "Parent rights of gays upheld; State gives both partners equal status, even after a breakup" and "Feinstein to seek Roberts' abortion views."
Posted at 10:24 AM by Howard Bashman




"Governor's court candidates revealed; Three names sent to State Bar for screening for Janice Rogers Brown's seat": Bob Egelko had this article yesterday in The San Francisco Chronicle.

According to the article: "The three were identified by the source as appellate Justices Carol Corrigan of San Francisco and Vance Raye of Sacramento and U.S. District Judge Morrison England of Sacramento." Judge England -- because he is known to be a longtime, faithful "How Appealing" reader -- is my personal favorite in this group.

This past Wednesday, Hugh Hewitt had a blog post titled "Arnold's Big Decision" reporting on his recent interview with California Governor Arnold Schwarzenegger during which Hewitt asked Governor Schwarzenegger about the governor's progress in seeking a replacement for former California Supreme Court Justice, and now D.C. Circuit Judge, Janice Rogers Brown.
Posted at 10:15 AM by Howard Bashman




"Meet John Roberts, in his words: The Supreme Court nominee has said little publicly, but more than 60,000 pages of writings give insight into who he is." This article appears today in The St. Petersburg Times.

Today in The Pittsburgh Post-Gazette, Michael McGough reports that "Some questioning the real value of Roberts' memos from days as deputy solicitor general; Even lawyers who think documents might be interesting, think privacy of internal deliberations more important."

The Washington Post contains a front page news analysis headlined "Roberts Is Defined by His Calm; Key to Nominee's Poise Is Preparation." The newspaper also contains an article headlined "Of Counsel, And Shovel, Too; John Roberts's White House Education."

The Orlando Sentinel reports that "Debate on Judge John G. Roberts Jr. may test how far senators should go in probing nominees' views."

The Toledo Blade reports that "Supreme Court appointment battle may hinge on women's issue."

And The Associated Press provides items headlined:

Finally, in commentary, The Arkansas Democrat-Gazette today contains an editorial entitled "The latest brilliant ploy: John Roberts' critics must really be desperate."
Posted at 08:50 AM by Howard Bashman



"Minn. Man Aims to Alter Judicial Campaigns": The Associated Press provides this profile of Greg Wersal, whose efforts (the results of which are described here here) have altered campaigns for elective judicial office not only in Minnesota but across the Nation.
Posted at 08:40 AM by Howard Bashman



"Justice Breyer Takes 'Originalists' to Task In a New Book": Last Tuesday, while I was on vacation, The Wall Street Journal published this article (free access) by Jess Bravin.

Also last Tuesday online at Slate, Dahlia Lithwick had an essay entitled "Reasons To Go On Living: Does anyone believe in a 'living Constitution' anymore?" She has since followed-up with two additional columns -- "It's a-Living: Reader responses to the living Constitution" and "Strictly Speaking: Slate readers pull the plug on the living Constitution."
Posted at 08:32 AM by Howard Bashman




Coming soon to the U.S. Court of Appeals for the Ninth Circuit: The Seattle Post-Intelligencer reported yesterday that "U.S. attorney to appeal Ressam's 22-year term; Terrorist deserves a longer sentence, McKay says."

And The Seattle Times reported yesterday that "Longer term sought for Ressam."

At his "Sentencing Law and Policy" blog, Law Professor Douglas A. Berman offers these thoughts.
Posted at 08:24 AM by Howard Bashman




Also in today's edition of The New York Times: Adam Liptak has a Week in Review article headlined "If the Law Is a Ass, the Law Professor Is a Donkey."

And in regional news, "For New Jersey's Next Governor, a Chance to Fill the Benches of the State's High Court" and "Case Is Appealed Over Lack of West Indians on the Jury."
Posted at 08:14 AM by Howard Bashman




"Roberts v. the Future": Law Professor Jeffrey Rosen has this lengthy cover story in today's issue of The New York Times Magazine.

Rosen's interview with then-attorney John G. Roberts, Jr. in 2002, which is described at the outset of today's article, was the focus of Rosen's article published in the August 11, 2002 issue of The New York Times Magazine, headlined "Obstruction of Judges." I first noted that article here.

And this past Monday, while I was on vacation, The NYTimes published an article by Adam Liptak headlined "In His Opinions, Nominee Favors Judicial Caution."
Posted at 12:45 AM by Howard Bashman



Sunday, August 21, 2005


It's time for my summer vacation: I'll be away from the computer for a week. See you soon.
Posted at 09:30 AM by Howard Bashman



"Sifting Old, New Writings For Roberts's Philosophy": This front page article appears today in The Washington Post.
Posted at 09:28 AM by Howard Bashman


Saturday, August 20, 2005


Supreme Court of California to issue decisions Monday in same-sex parent cases: On Monday, August 22, 2005, California's highest court is scheduled to issue opinions in three cases that present the following issues:
Each of these three cases includes one or more of the following issues: (1) May the presumption in Family Code section 7611, subdivision (d) -- that a man is a presumed father if he "receives the child into his home and openly holds the child out as his natural child" -- be applied to a birth mother's same-sex partner when both women made the decision to have a child, received the child into their home and held the child out as their own, and agreed to support the child? (2) Under Johnson v. Calvert (1993) 5 Cal.4th 84, can both same-sex partners be considered the legal parents of children conceived as a result of artificial insemination and born during their domestic partnership? (3) Must a woman who donates ova which are fertilized in vitro and implanted in her domestic partner's womb, resulting in the birth of a child, file an adoption petition in order to be a parent of the child under Johnson v. Calvert?
I'll be on vacation next week, but the opinions should be available for viewing via this link at 1 p.m. eastern time on Monday.
Posted at 08:55 PM by Howard Bashman



"Memos reveal Roberts' belief in leaving social change to lawmakers": Jan Crawford Greenburg will have this article Sunday in The Chicago Tribune.

And The Sunday Business Post of Ireland contains an article headlined "Bush nominee lacks cúpla focail" that begins, "The man who has recently been nominated by US President George W Bush to become a Supreme Court judge may need to brush up on his Gaeilge. Documents released this week revealed that John Roberts does not know his fadas from his fáiltes."
Posted at 08:50 PM by Howard Bashman




"S.C. town's prayers provoke lawsuits": This article will appear Sunday in The Atlanta Journal-Constitution.
Posted at 08:45 PM by Howard Bashman



"Hands off our homes: A Supreme Court ruling that allows the government to seize private property has set off a fierce backlash that may yet be as potent as the anti-abortion movement." The current issue of The Economist contains this article, which consists of a report from nearby (to me) Ardmore, Pennsylvania (via "ProfessorBainbridge.com").
Posted at 05:30 PM by Howard Bashman



"Appeals court: Plattsmouth monument can stay." This article appears today in The Lincoln Journal Star.

And The Omaha World-Herald today contains articles headlined "Plattsmouth Ten Commandments monument can stay" and "Ruling's impact to go beyond one town."
Posted at 02:28 PM by Howard Bashman




In Sunday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Roberts's Harvard Roots: A Movement Was Stirring" and "Politicized Scholars Put Evolution on the Defensive."

And the Sunday Book Review section will contain at this link "responses to Richard Posner's essay about the media from Bill Keller, Bill Moyers, Eric Alterman and others."
Posted at 01:30 PM by Howard Bashman




On today's broadcast of NPR's "Weekend Edition - Saturday": The broadcast contained segments entitled "Justices' Time in Legal 'Trenches' Often Limited" (featuring Stuart Taylor Jr.) and "Jurors Discuss Decision in Vioxx Case." RealPlayer is required to launch these audio segments.
Posted at 01:20 PM by Howard Bashman



"Judge sides with Starbucks": The Galveston County Daily News today contains an article that begins, "Despite a federal judge’s decision Friday to prevent him from selling his Star Bock Beer outside of the city, a feisty Galveston bar owner is not giving up on his dream to fill beer mugs for thirsty consumers across Texas. U.S. District Judge Samuel Kent issued his much-anticipated ruling in a trademark infringement dispute between Rex Bell, owner of the Old Quarter Acoustic Cafe, and Starbucks Coffee Company."

And The Houston Chronicle reports today that "'Star Bock' creator gets partial win vs. java giant."
Posted at 08:04 AM by Howard Bashman




"Vioxx jury awards widow $253 million; Juror says they wanted to get a message across; caps under law will cut amount": This article appears today in The Houston Chronicle, along with articles headlined "Vioxx jurors talk about verdict; Aggressive marketing played a role, they say, and one number kept coming up" and "Verdict reverberates far beyond Merck."

The New York Times today contains articles headlined "Jury Calls Merck Liable in Death of Man on Vioxx"; "Working Through a Decision Cut in Shades of Deep Gray"; "Merck Tumbles in Trading, and Further Trouble Awaits": and "Battered but Unbowed: Can Painkillers Recover?"

The Newark Star-Ledger reports that "Vioxx verdict stings Merck; Texas widow wins $253.4M judgment against N.J. drugmaker in husband's death."

The Washington Post reports that "Merck Found Liable in Vioxx Case; Texas Jury Awards Widow $253 Million."

And The Los Angeles Times reports that "Merck Loses Vioxx Case; In the first of 4,000 suits over the withdrawn pain pill, a Texas jury awards a widow $253 million; Experts expect a flood of fresh litigation."
Posted at 08:00 AM by Howard Bashman




"Abortion Policy: Cruel heartbreak." The Seattle Post-Intelligencer on Sunday will contain an editorial that begins, "If you're a pregnant military spouse who decides to terminate a pregnancy, your military health insurance won't pay for it. It doesn't matter if the fetus is severely deformed, and that it likely would be stillborn."
Posted at 07:52 AM by Howard Bashman



"Paint firm seeks ruling on judge in lead case; The Sherwin-Williams Co. wants the state Supreme Court to decide if Superior Court Judge Michael A. Silverstein should continue presiding over its lead-paint lawsuit": This article appeared yesterday in The Providence (R.I.) Journal. The judge's alleged conflict? According to the article, he owns a house built before 1978.
Posted at 07:50 AM by Howard Bashman



"Roberts Was Not Strictly Conservative; Reagan papers show the high court nominee had his own view of national I.D. cards and sharply criticized a Christian fundamentalist leader": David G. Savage and Henry Weinstein have this article today in The Los Angeles Times.

The Washington Post today contains articles headlined "In 1980s, Roberts Criticized The Court He Hopes to Join"; "Roberts's Hand in Home Rule; Nominee's Memos Shielded Reagan In D.C. Battle"; "Roberts's Rules of Decorum: No Hobnobbing With Celebs, and Absolutely No Michael Jackson"; and "If the Senators Laugh, It Was a Joke."

The Boston Globe reports that "Pressure mounts for Roberts papers; Liberals want data from nominee's most recent service."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Liberal groups press for Roberts' memos."

The Cox News Service reports that "Democrats Hold Fire, For Now, On Roberts; Some see opposition as waste of political capital."

The Portland Press Herald reports that "Roberts campaigners barnstorm in Maine."

And Newsday contains an article headlined "Vivid memories of Shoreham."

In commentary, The Wall Street Journal recently contained an editorial entitled "Leahy Follows Orders: Ralph Neas says, 'Jump.' He asks, 'How high?'"

In The St. Petersburg Times, Bill Adair has an essay entitled "Liberals setting stage for assault on court nominee."

And in The Charlotte Observer, Tom Ashcraft has an essay entitled "Roberts liberals' worst fear; He will crack foundation of liberal power on court."
Posted at 07:30 AM by Howard Bashman



Friday, August 19, 2005


"As a Man of Letters, Roberts Showed Practicality and Humor": This article will appear Saturday in The New York Times.

Saturday's edition of Newsday will contain an article headlined "Roberts' legal drill on LI; Supreme Court nominee was lawyer who backed evacuation test, despite county opposition."

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment featuring Jan Crawford Greenburg entitled "Documents Shed More Light On Roberts' Work as Counsel" (RealPlayer required).
Posted at 10:40 PM by Howard Bashman




Available online from law.com: In news from Texas, "Merck Ponders Grounds for Appeal in Wake of $253M Vioxx Verdict; Texas jury finds for plaintiff in first civil Vioxx trial against drug maker" and "Lottery Winner Not So Lucky After All, 5th Circuit Says."

An article reports that "State Justices Defend Attorney-Client Privilege; Judges also speak out for habeas rights, innocence projects."

And in other news, "11th Circuit: Whistleblower Claims Should Go to a Jury."
Posted at 10:33 PM by Howard Bashman




"New tolerance for Ten Commandments display": At "SCOTUSblog," Lyle Denniston has this interesting post about today's en banc ruling of the U.S. Court of Appeals for the Eighth Circuit, which I earlier noted here.
Posted at 10:15 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Groups Push for Release of Roberts Documents" (featuring Nina Totenberg) and "Widow Awarded $250 Million in Vioxx Death Suit." RealPlayer is required to launch these audio segments.
Posted at 08:55 PM by Howard Bashman



Cross burning and free speech: A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this decision today.
Posted at 08:54 PM by Howard Bashman



"Democrats to target Roberts' views on race, gender equality": James Kuhnhenn of Knight Ridder Newspapers provides this report.

And PlanetOut Network offers a report headlined "Roberts memo on AIDS raises concern."
Posted at 08:48 PM by Howard Bashman




"John Roberts' Woman Problem: The humorless feminists strike again." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman



The Associated Press is reporting: Hope Yen reports that "Roberts Scoffed at Promotion for O'Connor."

And in other news, "Sen. Reid Reports Suffering Mild Stroke."
Posted at 08:38 PM by Howard Bashman




Available online from The Daily Journal of California: Today's issue contained an article by Brent Kendall headlined "Nominee backed support for religion" and an article by Lawrence Hurley headlined "Decades-old Roberts memo applies to today's old Court."

And yesterday, Brent Kendall had an article headlined "Republican Senator wants to 'wait and see' about Roberts."
Posted at 05:45 PM by Howard Bashman




"Roberts' 1st 'Ticket' to Court Came in '84": The Associated Press provides this report.
Posted at 05:30 PM by Howard Bashman



"Jury: Merck negligent; Merck blamed for death in Vioxx suit; jury awards $253 million in damages; Drug giant to appeal." CNN/Money provides this report.

And Reuters reports that "Widow awarded $253 million in first Vioxx trial."
Posted at 05:04 PM by Howard Bashman




"US rights groups seek release of more Roberts memos": Reuters provides this report.
Posted at 03:50 PM by Howard Bashman



"Student Wins Verdict Over T-Shirt Flap; Student's T-Shirt Called Homosexuality A Sin": The Associated Press provides this report. My earlier coverage is here.
Posted at 03:48 PM by Howard Bashman



"Judges now free to speak their mind; Jurists may respond to questionnaires if they choose": The Anchorage Daily News yesterday contained an article that begins, "A rule barring state judges from expressing opinions on controversial issues outside the courtroom is unconstitutional, according to a ruling issued by a federal judge in Anchorage."

You can access the recent ruling of the U.S. District Court for the District of Alaska at this link.
Posted at 03:22 PM by Howard Bashman




"CAFC takes a new look at 'rear end' definition": The blog "Patently-O: Patent Law Blog" provides this post about the ruling I noted yesterday in a post titled "Not exactly on par with the Fifth Circuit's recent 'Back That Azz Up' opinion."
Posted at 03:15 PM by Howard Bashman



"In search of meatier memos from Roberts; Liberal and environmental groups seek documents from stint as deputy solicitor general; Bush and Specter oppose release of such memos": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 03:10 PM by Howard Bashman



"Court reverses $1 bil. State Farm verdict": This article appears today in The Chicago Sun-Times.

The Chicago Tribune today contains articles headlined "State Farm ruling tossed out by court; $1.18 billion judgment overturned; decision could cut class actions" and "Cigarette case before court; Altria stock boosted by State Farm ruling."

The St. Louis Post-Dispatch contains articles headlined "Illinois high court rejects award against State Farm" and "Aftermarket parts debate has raged for years."

The Los Angeles Times reports that "Verdict Against State Farm Is Tossed; Illinois Supreme Court rejects plaintiffs' class status in a $1-billion auto parts case."

And The Madison County Record reports that "Illinois Supreme Court's 'Avery' decision rips through appellate court."
Posted at 03:05 PM by Howard Bashman




"Vioxx Maker Found Liable in Man's Death": The Associated Press provides this report, which notes that the jury awarded damages totaling $253.4 million.
Posted at 03:00 PM by Howard Bashman



"Philosophical Reflections": Timothy J. Dowling, chief counsel of Community Rights Counsel, has this U.S. Supreme Court nominee-related op-ed today in The Daily Journal of California.
Posted at 02:44 PM by Howard Bashman



The religion of atheism: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has reinstated a prison inmate's federal civil rights claim alleging that a Wisconsin correctional institution violated the inmate's rights under the establishment clause of the First Amendment when the prison refused to allow the inmate to create an inmate study group devoted to atheism. You can access today's ruling at this link.
Posted at 01:33 PM by Howard Bashman



"The People's Court -- Ed Helms takes a look at the f*#@ing awesome job Supreme Court nominee John Roberts might score." Be sure not to miss this video clip (Windows Media) from "The Daily Show With Jon Stewart" (via "Bench Memos").
Posted at 12:24 PM by Howard Bashman



En banc U.S. Court of Appeals for the Eighth Circuit overturns order requiring the removal of Plattsmouth, Nebraska's Ten Commandments monument: You can access today's ruling at this link. Back in February 2004, as I then reported here, a divided three-judge Eighth Circuit panel reached the opposite result, with the author of today's majority en banc opinion in dissent. You can view an image of the monument at this link.
Posted at 11:40 AM by Howard Bashman



"Unfounded Fodder: The zealots behind Justice Sunday II are selling their vision of the Constitution to an unwitting public; Liberals need to pitch their own." Adele M. Stan has this essay online at The American Prospect.
Posted at 09:40 AM by Howard Bashman



"Roberts' Papers Shed Light on Reagan Years": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 09:32 AM by Howard Bashman



"Documents Show Roberts' Conservative Side": Jesse J. Holland of The Associated Press provides this report.
Posted at 09:30 AM by Howard Bashman



In news from Kansas: The Wichita Eagle reports today that "Kline sues to stop state-paid abortions."

The Kansas City Star reports today that "Kline backs fetal right to life in suit over abortions."

And The Lawrence Journal-World reports today that "Kline sues Sebelius to end state-funded abortion; Attorney general wants court to rule that life begins at fertilization."
Posted at 07:11 AM by Howard Bashman




"Nominee's Memos Critical of Gender-Equality Efforts": David G. Savage has this article today in The Los Angeles Times, which also reports that "Reagan Files Paint Court Nominee as a Watchdog."

In The Chicago Tribune, Naftali Bendavid and Jan Crawford Greenburg report today that "Critics say women's issues could be pitfall for Roberts."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Roberts data hit gender equality issue."

In The Boston Globe, Charlie Savage and Rick Klein report that "Roberts, as Reagan aide, backed national ID card; Trove of judge's papers released."

USA Today contains articles headlined "Roberts argued for national ID card in 1983; Records show bit of independent streak" and "It's quite a fight, and some of it's about nominee; Groups concentrate on firing up backers and raising money for the next battle."

Newsday contains an article headlined "Conservative memos."

The San Francisco Chronicle contains an article headlined "Boxer and Feinstein: Two pro-choice senators, two views of John Roberts."

The Easton (Pa.) Express-Times contains an article headlined "A Supreme Debate: Upcoming Roberts hearings ignite controversy and speculation about abortion laws changing."

And FOXNews.com provides a report headlined "Roberts' Shepherd Hopes to Lead to the Supreme Court."

In commentary, The Des Moines Register contains an editorial entitled "Roberts appears a lock, but give him due scrutiny; Public deserves vetting of his views on fundamental rights."

In The Washington Post, Dana Milbank's "Washington Sketch" column is entitled "Newshounds on the Paper Chase." And U.S. Senator Edward M. Kennedy has an op-ed entitled "Why Roberts's Views Matter."

Finally, FindLaw commentator Vikram David Amar has an essay entitled "More on the Propriety of Asking Judge Roberts to Comment on Specific Past Supreme Court Rulings."
Posted at 06:54 AM by Howard Bashman




"Seattle man forced from Navy fights 'don't ask, don't tell'": This article appears today in The Seattle Times.
Posted at 06:52 AM by Howard Bashman



"Olson helping Kansas defend death penalty": The Kansas City Star today contains an article that begins, "Attorney General Phill Kline has recruited one of the country’s legal heavyweights to help defend the Kansas death penalty law before the U.S. Supreme Court."
Posted at 06:50 AM by Howard Bashman



"Court sides with Navy in dispute over abortion; Judges couldn't consider fact that deformed fetus would die": The Seattle Post-Intelligencer contains this article today.

The New York Times reports today that "Court Rules U.S. Need Not Pay for Abortion of Doomed Fetus."

The Los Angeles Times reports that "Court Upholds Restrictions on Pentagon Coverage of Abortions; The medical plan won't pay for a sailor's wife's procedure; Her fetus had a fatal birth defect."

And in The San Francisco Chronicle, Bob Egelko reports that "Navy wins appeal in abortion case; Woman must pay, even though fetus was nonviable, because her life wasn't in danger."
Posted at 06:45 AM by Howard Bashman



Thursday, August 18, 2005


"Roberts Resisted Women's Rights; 1982-86 Memos Detail Skepticism": This front page article will appear Friday in The Washington Post.

The New York Times on Friday will report that "Nominee's Early Files Show Many Cautions for Top Officials, Including Reagan."

And The Chicago Tribune on Friday will report that "Roberts documents include memos on Michael Jackson, Sinatra."
Posted at 11:40 PM by Howard Bashman




Available online from law.com: Shannon P. Duffy reports that "Owens Corning Bankruptcy Consolidation Reversed."

In other news, "11th Circuit Skeptical of Fired BellSouth Attorney's Bias Claims; Appeal highlights company's diversity program."

An article headlined "Calif. Court: Judicial Immunity No Shield for Thuggery" reports on yesterday's ruling of the California Court of Appeal for the Third Appellate District.

And finally, as noted here, "The Volokh Conspiracy" is no longer a part of the law.com blog network.
Posted at 11:22 PM by Howard Bashman




"U.S. Court Nominee Criticized Proposals on Sex Bias": Bloomberg News provides this report.
Posted at 08:20 PM by Howard Bashman



"Newly released documents portray Roberts as brash, conservative": Stephen Henderson, William Douglas and Shannon McCaffrey of Knight Ridder Newspapers provide this report.
Posted at 08:15 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "Roberts documents underscore conservative values" and "US court reverses Owens Corning bankruptcy ruling."
Posted at 08:08 PM by Howard Bashman



"Democrats struggle to find chinks in Roberts's armor; For liberal activists who have been waiting for a confirmation battle, Roberts is proving a difficult target": This article will appear Friday in The Christian Science Monitor.
Posted at 08:05 PM by Howard Bashman



"Kudos to Bashman": The author of the blog "Have Opinion, Will Travel" offers these thoughts concerning my essay entitled "Recusal on appeal: An appellate advocate's perspective" published in the current issue of The Journal of Appellate Practice and Process.
Posted at 06:10 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Second Circuit: Disagreement between panels and members of a panel seems to be the rule of the day in the two opinions I find of interest.

In an immigration removal appeal, the majority's recognition that the state law offense of "attempted reckless assault" appears to involve an incoherent crime has precipitated a spirited dissent, which notes that "When judges raise an issue sua sponte and consider it without briefing, no one should be surprised that the issue seems to them to be 'clear-cut.'" You can access the complete ruling at this link.

In a separate decision issued today, a panel expressly and unanimously disagrees with the ruling of an earlier divided panel that controls the result reached in today's decision. Today's opinion begins: "Child pornography is so repulsive a crime that those entrusted to root it out may, in their zeal, be tempted to bend or even break the rules. If they do so, however, they endanger the freedom of all of us." I previously noted the earlier panel's ruling in a post you can access here.
Posted at 05:55 PM by Howard Bashman




And in other news from The AP: Now available online are articles headlined "U.S. Wants Australian to Face Tribunal" and "Judge Dismisses Lawsuit Against 'Choose Life' Plate."
Posted at 05:50 PM by Howard Bashman



"Roberts Disparaged States' Sex-Bias Fight": David Espo of The Associated Press provides a report that begins, "Supreme Court nominee John Roberts disparaged state efforts to combat discrimination against women in Reagan-era documents made public Thursday, and wondered whether 'encouraging homemakers to become lawyers contributes to the common good.' A young White House lawyer at the time, Roberts also criticized a crime-fighting proposal by Sen. Arlen Specter as 'the epitome of the "throw money at the problem"' approach."
Posted at 05:48 PM by Howard Bashman



"Ohio school district must allow student to wear T-shirt with religious message": The Alliance Defense Fund issued this press release today concerning a ruling that the U.S. District Court for the Southern District of Ohio issued today. According to the court's opinion, printed on the back of the T-shirt were the statements "Homosexuality is a sin! Islam is a lie! Abortion is murder! Some issues are just black and white!"
Posted at 05:44 PM by Howard Bashman



"U.S. court to change 'gag order' proposal; The new restrictions could have been worded better, says Chief U.S. District Judge Ernest C. Torres, adding that 'Some people seem to be paranoid on this'": This article appears today in The Providence (R.I.) Journal. And The Associated Press reports that "Judge open to changing proposal to restrict court information."

Comments that the U.S. District Court for the District of Rhode Island received on the proposed local rule can be viewed via this link, while the rule itself can be accessed via this link.
Posted at 05:40 PM by Howard Bashman




"U.S. court affirms military's abortion policy": Reuters provides this report.
Posted at 05:25 PM by Howard Bashman



The Associated Press is reporting: An article reports that "Roberts Wary of Rankling the Press in 1983."

And in other news, David Kravets reports that "Armed forces medical plan limits abortions."
Posted at 05:05 PM by Howard Bashman




In news from the Ronald Reagan Presidential Library: Law Professor Rick Hasen, at his "Election Law" blog, has a post titled "So Far Nothing New in Judge Roberts' Papers at Reagan Library Related to Election Law Issues."
Posted at 03:25 PM by Howard Bashman



"Did fiery essay get author fired? Allstate denies axing worker over anti-gay writing on the Web." This article appears today in The Chicago Tribune.

According to the article (which is also available here via Newsday), "Barber filed a lawsuit in May in federal court in Chicago alleging that Allstate's action constituted discrimination on the basis of religion, a novel argument, some legal experts said. He is represented by David Gibbs III of the Florida-based Christian Law Association, which represented Terri Schiavo's parents in their high-profile efforts to prevent her feeding tube from being removed."
Posted at 03:04 PM by Howard Bashman




"Roberts Critics Reviewing Documents": Jesse J. Holland of The Associated Press provides this report.
Posted at 02:30 PM by Howard Bashman



"Kline seeks court order prohibiting state-funded abortions": This article appears today in The Lawrence (Kan.) Journal-World.
Posted at 02:24 PM by Howard Bashman



Unanimous three-judge Ninth Circuit panel upholds as lawful Congress's prohibition in military health care on the use of federal funds for "abortions except where the life of the mother would be endangered": You can access at this link today's decision, which reverses a Seattle-based federal district court's ruling that required the federal government to pay for an abortion to be performed on the pregnant wife of a naval enlisted man after the fetus the wife was carrying was diagnosed as anencephalic. As the opinion explains, "Anencephaly is an ultimately and unequivocally fatal birth defect."
Posted at 01:55 PM by Howard Bashman



"Altria shares at record high on State Farm ruling": Reuters provides a report that begins, "Altria Group Inc. stock hit an all-time high on Thursday after the Illinois Supreme Court threw out a verdict against State Farm Insurance in a case some hoped would give clues as to how the court will rule on a $10.1 billion verdict against the cigarette maker."
Posted at 12:30 PM by Howard Bashman



"Parents can share Wicca with son; Ruling shielding child from beliefs overruled": This article appears today in The Indianapolis Star. My earlier coverage is here.
Posted at 12:22 PM by Howard Bashman



Not exactly on par with the Fifth Circuit's recent "Back That Azz Up" opinion: Today the U.S. Court of Appeals for the Federal Circuit issued a decision holding that "the district court erred in construing 'rear end.'"
Posted at 11:54 AM by Howard Bashman



One more reason not to be a drug dealer -- you may be ordered to forfeit your lottery winnings: The Associated Press reports that "Drug Dealer Wins Lottery, Can't Keep It," while Reuters reports that "Drug dealer must forfeit lottery winnings - court."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:45 AM by Howard Bashman




"$1B Verdict Against State Farm Tossed": The Associated Press provides a report that begins, "The Illinois Supreme Court on Thursday reversed a $1 billion judgment against State Farm Insurance Co. in a class-action lawsuit alleging the company used substandard parts to repair damaged cars." And Reuters reports that "State Farm $1.06 bln Illinois judgment reversed."

Today's ruling of the Supreme Court of Illinois can be accessed here.
Posted at 11:35 AM by Howard Bashman




"Property rights vs. battling blight: Lawmakers hear proposals to keep a lid on home seizures after a key U.S. Supreme Court ruling." Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.
Posted at 11:34 AM by Howard Bashman



"Progress for America today launched a video highlighting Ruth Bader Ginsburg's fair treatment during her 1993 confirmation hearings": Progress for America has issued a press release announcing the online availability of its newest video.
Posted at 10:44 AM by Howard Bashman



Sixth Circuit upholds constitutionality of Michigan's medical malpractice damages cap: Today's ruling of the U.S. Court of Appeals for the Sixth Circuit can be accessed here.
Posted at 10:32 AM by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit to allow the optional filing of electronic briefs: That court's amended local rule, which became effective last Friday, can be viewed at this link.
Posted at 09:33 AM by Howard Bashman



"California Supreme Court is Making a Mess of California's Initiative Law": Via this post, you can access online Law Professor Rick Hasen's op-ed that appeared yesterday in The Daily Journal of California.
Posted at 09:28 AM by Howard Bashman



Available today from National Review Online: Jennifer Gratz has an essay entitled "'End Race Preferences': The fight continues in Michigan."

And Anthony Dick has an essay entitled "Uncivil 'Civil-Rights' Group: BAMN vs. equality."
Posted at 09:25 AM by Howard Bashman




Offspring with superpowers: "How Appealing" readers will notice something familiar on page two of the October 2005 issue of Marvel Adventures "Fantastic Four" #3, which arrived on newsstands yesterday.
Posted at 07:50 AM by Howard Bashman



"Roberts meeting 'illegal'; Legal ethicists say White House interview jeopardized judge's impartiality in a case on military tribunals": Newsday contains this article today.

In The Los Angeles Times, David G. Savage reports today that "Ginsburg Nomination Cited as Example; GOP says John Roberts should be confirmed to the Supreme Court as easily as she was in '93."

In The Boston Globe, Rick Klein and Charlie Savage report that "Leading liberal groups likely to fight Roberts; Consider launching campaign to portray court pick as extremist."

The New York Times reports that "Archives Investigates Loss of Roberts File."

And The Salt Lake Tribune reports that "LDS apostle was studied for '81 court; Promise: Reagan concentrated on women to fill the seat and to fulfill a campaign pledge; Dallin Oaks: The Utahn was among the few candidates before Reagan picked O'Connor."

In commentary, The Washington Times contains an editorial entitled "Durbin got it wrong on Roberts."

The News Journal of Wilmington, Delaware contains an editorial entitled "Pay for the privilege of anointing the next Supreme Court justice."

And FindLaw commentator Edward Lazarus has an essay entitled "Why Liberals Are Wrong to Castigate the Right Wing For Its Critique of the Judiciary: Some of the Critique of 'Justice Sunday II' Rings True, Regardless of One's Politics."
Posted at 06:32 AM by Howard Bashman




"Flag-case prosecution spurs concern; Justices assail state because Utah law is unconstitutional": This article appears today in The Deseret Morning News.
Posted at 06:25 AM by Howard Bashman


Wednesday, August 17, 2005


Boston University School of Law's Journal of Science and Technology Law to host blogging colloquium: Denise Howell provides the details (including a link to that law journal's call for papers) in this post at "Between Lawyers."
Posted at 11:54 PM by Howard Bashman



"Senator Painted As Inquisitor In Roberts Fight": This article will appear in Friday's issue of The Forward.
Posted at 11:52 PM by Howard Bashman



"10th Circuit Panel Hears Flag Desecration Case": The Associated Press provides a report that begins, "Utah's statute banning the desecration of the American flag limits freedom of speech and is overly broad, a defense attorney argued Wednesday before a panel of judges from the 10th U.S. Circuit Court of Appeals." The article later notes that "Barnard appealed to judges Monroe McKay, Michael McConnell and Timothy Tymkovich, on behalf of Kris Winsness, who was charged with a class B misdemeanor after burning the image of a 'smiley face' into a flag which he hung on his home."
Posted at 11:40 PM by Howard Bashman



"American Bar Association Gives Roberts Top Ranking": This article will appear Thursday in The Washington Post, along with a news analysis headlined "Roberts Battle Adds to Democrats' Divide."
Posted at 11:34 PM by Howard Bashman



"John G. Roberts Dossier: Files From the Reagan Library." Thanks to The Washington Post, you can access online via this link the documents that the Ronald Reagan Presidential Library released on Monday of this week.
Posted at 10:40 PM by Howard Bashman



"Roberts gets bar association's top rating; Senate Judiciary Committee outlines hearing schedule": CNN.com provides this report.
Posted at 10:27 PM by Howard Bashman



"Twain's tale helps sway a 21st century case": The Kansas City Star today contains this article reporting on a ruling that the Missouri Court of Appeals, Western District, issued yesterday.
Posted at 10:04 PM by Howard Bashman



"Appeals Court Tosses Judge's Wiccan Order": The Associated Press reports here that "A judge who ordered two Wicca believers to shield their son from their 'non-mainstream' faith overstepped his authority, an appeals court said Wednesday in dismissing the order." You can access today's ruling of the Indiana Court of Appeals at this link.
Posted at 10:00 PM by Howard Bashman



"To pledge or not to pledge": Robert J. Spitzer will have this Pledge of Allegiance-related op-ed Thursday in The Christian Science Monitor.
Posted at 08:32 PM by Howard Bashman



"Prosecution must prove death row defendant not mentally retarded": The Associated Press reports here that "Prosecutors seeking the death penalty in New Jersey must prove defendants who claim they are mentally retarded have the mental capacity that allows them to be executed, a court ruled Wednesday."

You can access today's ruling of the Appellate Division of the New Jersey Superior Court at this link.
Posted at 08:15 PM by Howard Bashman




"U.S. lawyers group gives Roberts highest rating": Reuters provides this report.
Posted at 08:10 PM by Howard Bashman



Available online from Slate: Law Professors Stephen Gillers, David J. Luban, and Steven Lubet have a jurisprudence essay entitled "Improper Advances: Talking dream jobs with the judge out of court."

And Bruce Reed of "The Has-Been" blog has a post titled "Master Thespian: John Roberts's all-boyhood crusade against coeducation."
Posted at 05:50 PM by Howard Bashman




"Roberts Rated 'Well Qualified' by ABA": Jesse J. Holland of The Associated Press provides this report.
Posted at 05:28 PM by Howard Bashman



"Durbin, Again: The Illinois Democrat makes another mess for himself." Yesterday, National Review Online posted an essay by Stephen Spruiell that begins, "The story unfolding over George Washington University law professor Jonathan Turley's dispute with Sen. Dick Durbin's office over John Robert's [sic] religious convictions took a new turn Monday when Charles Hurt of the Washington Times reported on a letter that Turley sent to Durbin's office in an effort to set the record straight."

The letter from Law Professor Jonathan Turley to U.S. Senator Dick Durbin (D-IL) can be accessed here. Turley's op-ed giving rise to this controversy can be accessed here and here.
Posted at 05:22 PM by Howard Bashman




"Incomparable Nonsense: Feminists try to hit John Roberts in the pocketbook." Carrie Lukas has this essay today at National Review Online.
Posted at 04:42 PM by Howard Bashman



"The case of the missing Roberts file": The Scripps Howard News Service provides this report.
Posted at 04:28 PM by Howard Bashman



"Judicial Activism: The 'Save the Court' movement comes to Nashville." This article appears in the current issue of Nashville Scene.
Posted at 03:58 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Roberts' Indiana Upbringing Is Studied" and "38,000 Roberts Papers to Be Released."
Posted at 03:54 PM by Howard Bashman



"National Archives to Open Additional Records Relating to Judge John Roberts": The National Archives has issued this press release today.
Posted at 03:02 PM by Howard Bashman



"US Appeals Court Clears Tyson in Cattle Price Suit": Reuters provides this report.

The Associated Press reports that "Court Upholds Tyson Lawsuit Decision."

And The Morning News of Springdale, Arkansas reports today that "Appeals Court Sides With Tyson In Suit."
Posted at 02:24 PM by Howard Bashman




"Tucker's appeal of plea rejected; Tried to impede IRS, court rules": This article appears today in The Arkansas Democrat-Gazette.
Posted at 02:08 PM by Howard Bashman



"Roberts' passion for history of Court may affect his votes": Lawrence Hurley has this interesting article today in The Daily Journal of California.
Posted at 12:24 PM by Howard Bashman



"Roberts' Backers Call Off Marketing Blitz In State": This article appeared yesterday in The Hartford Courant.
Posted at 11:22 AM by Howard Bashman



"Grutter's Life: John Roberts might make the call." Peter Kirsanow has this essay today at National Review Online.
Posted at 09:52 AM by Howard Bashman



"Nominee Roberts Gets a Little Help through the Senate": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:50 AM by Howard Bashman



"Police order to get back in car upheld": Bob Egelko today has this article in The San Francisco Chronicle reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 06:58 AM by Howard Bashman



"Convict Can Sue LAPD, Court Rules; The man, who says he was framed as part of the Rampart scandal, could receive triple damages under provisions of the federal racketeering law": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 06:54 AM by Howard Bashman



"Court panel backs Army Corps' power over flow of river": This article appears today in The St. Louis Post-Dispatch.
Posted at 06:50 AM by Howard Bashman



"Attorney: Diaz tax charges ploy by government; March 22 indictment called last-ditch move to pressure guilty plea in judicial bribery case." The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "The attorney for state Supreme Court Justice Oliver Diaz Jr. said Tuesday he believes tax evasion charges against his client were meant to pressure him into pleading guilty to bribery charges he was acquitted of Friday."
Posted at 06:48 AM by Howard Bashman



"A key bench player; Whoever fills the opening on the Supreme Court could have a profound impact on landmark issues facing professional and collegiate sports": The St. Petersburg Times contains this article today.

The Washington Post today contains an item headlined "John G. Roberts Jr.: In His Own Words."

And The Richmond Times-Dispatch reports that "Kaine sticks by ad firm after gaffe; The firm yanked a TV spot that erred when it attacked Bush's Supreme Court pick."

In commentary, Noah Sachs has an op-ed entitled "Roberts and environmental law" in The Baltimore Sun.

Online at The New Republic, Andrew R. Dennington has an essay entitled "Hearing Aid: Questions Senate Democrats should ask during John Roberts's confirmation hearing."

And this past Saturday in The New York Daily News, Michael Goodwin had an essay entitled "Dem silence is deafening."
Posted at 06:44 AM by Howard Bashman




"The clerk's tale is a Supreme story; If you've helped out Canada's top judges, law firms are likely to beat a path to your doorstep": This article appears today in The Toronto Globe and Mail.
Posted at 06:30 AM by Howard Bashman


Tuesday, August 16, 2005


"Democrats Feel Heat From Left on Roberts; Groups Say Fight Should Be Stronger": The Washington Post on Wednesday will contain this front page article, along with articles headlined "Library Missing Roberts File; Papers Lost After Lawyers' Review" and "Judge Heard Terrorism Case As He Interviewed for Seat."

And Wednesday's edition of The New York Times will contain articles headlined "Senate Democrats Increase Resistance to Roberts" and "Meese's Influence Looms in Today's Judicial Wars."
Posted at 11:58 PM by Howard Bashman




"Nominee's Letters From 80's Show a Lighter Side of Work": This article will appear Wednesday in The New York Times.

Wednesday's edition of The Times of London reports that "Bush's choice for Supreme Court sparks abortion row."

Wednesday's edition of The Hill will report that "The limelight shines yet brighter on Sen. Schumer."

And The Washington Post on Wednesday will contain an op-ed by Deborah Ellis entitled "Questions For John Roberts."
Posted at 10:05 PM by Howard Bashman




"The Manchurian Candidate? Liberal love for John Roberts." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:00 PM by Howard Bashman



"Justice Dept. Seeks New Judge in Tribal Case": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:58 PM by Howard Bashman



"Court deals setback to conservationists in Missouri River case": This article will appear Wednesday in The St. Louis Post-Dispatch. And The Associated Press provides articles headlined "Appeals court upholds dismissal of ND river management lawsuit" and "Conservation groups lose appeal of Missouri River ruling."
Posted at 09:02 PM by Howard Bashman



"Appeals court to consider challenges to flag-desecration law": The Associated Press reports here that "A 10th U.S. Circuit Court of Appeals panel will hear arguments Wednesday on the constitutionality of a Utah law that bans desecration of U.S. and state flags."
Posted at 09:01 PM by Howard Bashman



"Leahy Lambastes Roberts' 'Radical' Stands": The Associated Press provides this report. You can access here today's "Statement Of Senator Patrick Leahy (D-Vt., Ranking Member, Senate Judiciary Committee) On The Recent Documents Relating To The Roberts Nomination."
Posted at 08:53 PM by Howard Bashman



"A new issue for the opposition": Lyle Denniston has this interesting post at "The Supreme Court Nomination Blog." In related news, U.S. Senator Edward M. Kennedy (D-MA) today issued a press release entitled "Kennedy calls for investigation into vital missing documents on John Roberts."
Posted at 08:40 PM by Howard Bashman



"Key bankruptcy provision upset; OC exit likely to be further delayed": The Toledo Blade today contains an article that begins, "In a significant development that could force Owens Corning's bankruptcy lawyers back to the drawing board, a federal appeals court yesterday overturned a key provision of the firm's plan for exiting Chapter 11."

You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:30 PM by Howard Bashman




"Gay Mexican granted asylum in US over risk of persecution back home": This article appeared yesterday in The Independent (UK).
Posted at 06:00 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "Former Arkansas governor loses appeal bid" and "U.S. states await Pennsylvania base closure suit."
Posted at 05:22 PM by Howard Bashman



Eleventh Circuit refuses to reinstate $1.3 billion verdict against Tyson Fresh Meats, Inc. in suit brought by a national class of cattle producers who sell their cows raised specifically for slaughter to meat-packing plants exclusively on the cash market: If you are interested in the Packers and Stockyards Act of 1921 or learning how that filet mignon reached your plate, today's ruling of the U.S. Court of Appeals for the Eleventh Circuit is worth a look.
Posted at 04:45 PM by Howard Bashman



"Activists ready for long haul in Supreme Court battle": Financial Times provides this news update.
Posted at 04:39 PM by Howard Bashman



"Goody Two Shoes: John Roberts is too nice to be crazy." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 04:36 PM by Howard Bashman



"Queer Eye for the Gipper Guy": The blog "Wonkette" provides a post that begins, "An alert Wonkette operative draws our attention to Judge John Roberts' gay-tastic-ness: He was a total snob about china patterns."
Posted at 04:28 PM by Howard Bashman



"Slate's Jurisprudence: More Documents on Roberts' Past." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:18 PM by Howard Bashman



"An Establishment Conservative? What John Roberts might mean for the Supreme Court's views on religion in the public sphere." Christopher Levenick has this essay online today at The Weekly Standard.
Posted at 03:08 PM by Howard Bashman



How does TiVo work? Some answers can be found in today's ruling of the U.S. Court of Appeals for the Federal Circuit in the case captioned Pause Technology, LLC v. Tivo, Inc.
Posted at 03:05 PM by Howard Bashman



"Our holding that a parent does not have a constitutional right of companionship with an adult child is in no way meant to minimize the loss of an adult child as compared to a minor child." A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today has issued an opinion that concludes:
Our holding that a parent does not have a constitutional right of companionship with an adult child is in no way meant to minimize the loss of an adult child as compared to a minor child. The loss of a child at any age, under any circumstances, is one of the most difficult experiences a parent can endure. While the parent/adult child relationship is an important one, the Constitution does not protect against all encroachments by the state onto the interests of individuals. Instead, it is the province of the Florida legislature to decide when a parent can recover for the loss of an adult child. We will not circumvent its authority through an unsupported reading of the Fourteenth Amendment.
You can access the complete decision at this link.
Posted at 03:02 PM by Howard Bashman



"RICO-suave": An eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued its ruling today in Diaz v. Parks, a case presenting the question "Is an injury to an arrestee's ability to earn a living that resulted from prosecution an injury to his business or property which is actionable under RICO?" The majority opinion is nominally "per curiam," but it appears to have been written by that Ninth Circuit judge who doesn't italicize his "v."s.

This post's title appears in a sentence found on page nine of the opinion: "Though the dissent is wrong to suggest that our approach would confer standing on any plaintiff RICO-suave enough to allege lost employment, it is right to point out that our approach allows more claims to go forward than its more restrictive theory." More "Rico suave"-related information is available here.
Posted at 01:34 PM by Howard Bashman




"Eminent domain activist to visit supporters in Weare": The Manchester Union Leader today contains an article reporting from Weare, New Hampshire that begins, "Logan Clements, the California activist who has proposed building a hotel on land owned by Supreme Court Justice David Souter, announced yesterday he will come to town Saturday to next Tuesday to meet local supporters."
Posted at 12:32 PM by Howard Bashman



"Dirty political strategies should be avoided, aborted": The Amarillo Globe-News today contains an editorial that begins, "U.S. District Judge John Roberts is set to appear Sept. 6 before the Senate Judiciary Committee, which will help determine whether Roberts takes a seat on the U.S. Supreme Court."
Posted at 12:28 PM by Howard Bashman



"Diaz now faces tax evasion charges; March indictment also accuses justice of filing false return for 1999": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "State Supreme Court Justice Oliver Diaz Jr. won a victory last week when a jury acquitted him on all federal corruption charges. Now he faces new ones that accuse him of tax evasion." The newspaper also contains an op-ed by columnist Eric Stringfellow entitled "Diaz trial puts flaws of system on display."

The Biloxi Sun Herald today reports that "Diazes indicted; Supreme Court justice, ex-wife face 3 counts of federal tax evasion." And in related coverage, "Heads spinning at judicial watchdog agency." You can view at this link the indictment unsealed yesterday.
Posted at 12:15 PM by Howard Bashman




Today's rulings of note from the U.S. Court of Appeals for the Eighth Circuit: Those with an interest in the operation of the Missouri River system are in luck, as today the court released two separate opinions (see here and here) captioned In re: Operation of the Missouri River System Litigation.

In a separate ruling, today the court rejected former Arkansas Governor Jim Guy Tucker's latest efforts to overturn his federal tax-related criminal convictions.

And in today's final ruling of note, the court rules that "We agree with the district court that a presumption of delivery should apply to e-mails." Nevertheless, because several attorneys failed to receive via email notice of the federal district court order whose issuance started the time in which to appeal, the appellate court has remanded the case for an evidentiary hearing to determine whether the time in which to appeal should be reopened.
Posted at 11:32 AM by Howard Bashman




"Shaping the court in their image:A right-wing telecast spreads misinformation about federal judges and shows a desire to weaken Supreme Court." This editorial appears today in The Oregonian.
Posted at 11:15 AM by Howard Bashman



"Roberts criticized equal pay decision; 'Comparable worth' theory ridiculed": Jan Crawford Greenburg and Naftali Bendavid have this article today in The Chicago Tribune.
Posted at 10:15 AM by Howard Bashman



In commentary from The New York Times: Today's newspaper contains an editorial entitled "Justice Sunday Reloaded."

And Bob Dole has an op-ed entitled "The Underprivileged Press."
Posted at 09:32 AM by Howard Bashman




"Law Firm Sanctioned for Forest Service Suit; Judge orders developer's lawyers to pay $267,000 for a 'frivolous' action against federal workers": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 09:25 AM by Howard Bashman



"Strictly Judicious: Are strict constructionists anti-civil rights?" Peter Kirsanow has this essay today at National Review Online.
Posted at 09:08 AM by Howard Bashman



"Memo Cited 'Abortion Tragedy'; Roberts Backed Service for Fetuses": This front page article appears today in The Washington Post, which also contains an article headlined "Young Roberts To King of Pop: Request Denied."

In The Los Angeles Times, David G. Savage and Henry Weinstein report today that "Files From Roberts' Reagan Years Are Released; The nominee supported keeping records secret, prayer in schools and an antiabortion cause."

In USA Today, Joan Biskupic and Toni Locy report that "Roberts scoffed at equal-pay theory; In 1984 memo, he called idea 'radical.'" The newspaper also reports that "Tour targets 'moderate' Dems."

Newsday reports that "Nominee Roberts, in '84, called equal pay for women 'radical.'"

In The New York Sun, Josh Gerstein has an article headlined "How Roberts Set A Collision Course With Maine's Snowe."

The Portland Press Herald reports that "1984 memo by Roberts was critical of Snowe."

In The Boston Globe, Charlie Savage reports that "Roberts papers hint at his views on church-state issue."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Roberts backed efforts to allow silent prayer in schools; Memos from 1980s released."

The Washington Times contains articles headlined "Nominee supported prayer in schools, documents show" and "Roberts started on path to success at young age."

In commentary, The Houston Chronicle contains an editorial entitled "Wrong about Roberts: NARAL damaged cause, credibility with ad."

The San Antonio Express-News contains an editorial entitled "Aimed at court nominee, gutter-level ad backfires."

USA Today contains an editorial entitled "Will Roberts leave you alone? His legal record raises questions on whether he accepts right to privacy." And Bruce Fein has an op-ed entitled "Respect the Constitution: Supreme Court should correct its mistake in creating privacy right."

From The Boston Globe, columnist Derrick Z. Jackson has an essay entitled "Religious right bashes the courts," while columnist Joan Vennochi has an op-ed entitled "Abortion's changing landscape."

In The Washington Times, David Limbaugh has an op-ed entitled "Judicial activism vapors."

In The Philadelphia Daily News, Carol Towarnicky has an op-ed entitled "Does privacy still matter?"

And FindLaw commentator Elaine Cassel has an essay entitled "If Judge John Roberts Takes Sandra Day O'Connor's Seat, How Will the Supreme Court's Death Penalty Jurisprudence Change?"
Posted at 06:33 AM by Howard Bashman



Monday, August 15, 2005


"Roberts's Files Recall 80's Cases": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:04 PM by Howard Bashman



"Roberts Unlikely To Face Big Fight; Many Democrats See Battle as Futile": This front page article will appear Tuesday in The Washington Post.
Posted at 11:02 PM by Howard Bashman



"Roberts Files Are Released by Reagan Library": David G. Savage and Henry Weinstein of The Los Angeles Times provide this news update.
Posted at 10:28 PM by Howard Bashman



"Justice as FAIRness": At "PrawfsBlawg," Paul Horwitz links here to two newly posted academic papers related to the Solomon Amendment case, which is now pending before the U.S. Supreme Court.
Posted at 10:22 PM by Howard Bashman



"New Judge Requested in Indian Trust Case": The Associated Press provides this report. You can access at this link the motion that the U.S. Department of Justice filed today in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 10:12 PM by Howard Bashman



"Workplace Romance": Today's broadcast of the public radio program "On Point" included a segment described as follows:
Until now, sexual harassment seemed like a simple matter. If a supervisor behaved inapproriately with an employee, that employee could sue.

But a California court just broadened the rules to include "sexual favoritism." That means employees can sue if other employees are having sex with the boss and getting preferential treatment.

Could this spell the end of all office romance? We'll look at the significance of the ruling and hear some sordid stories from the workplace.

You can hear the segment online by clicking here (RealPlayer) or here (Windows Media).
Posted at 10:00 PM by Howard Bashman



"Roberts defended school prayer, documents show": Ron Hutcheson of Knight Ridder Newspapers has this article.
Posted at 09:12 PM by Howard Bashman



"New documents show Roberts' views on school prayer, abortion, courts": CNN.com provides this report.
Posted at 09:08 PM by Howard Bashman



"Roberts' Papers Reflect His Working Style": This segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 05:50 PM by Howard Bashman



"Online Lessons on Unprotected Sex": Law Professor Andrew J. McClurg has this op-ed today in The Washington Post.
Posted at 05:45 PM by Howard Bashman



"Del. prayer ruling may become model": This article appears today in The News Journal of Wilmington, Delaware. You can access the recent ruling of the U.S. District Court for the District of Delaware at this link.
Posted at 05:30 PM by Howard Bashman



"Washington state awaits 'marriage' ruling": This article appears today in The Washington Times, the one newspaper that reliably employs scare quotes when the subject turns to same-sex marriage.
Posted at 05:15 PM by Howard Bashman



"Durbin offered proof of column": The Washington Times today contains an article that begins, "A law professor who used Senate Minority Whip Richard J. Durbin as a source for a column last month about federal Judge John G. Roberts Jr. -- a column that Mr. Durbin later disputed -- has a taped phone message that he says proves the accuracy of his reporting."
Posted at 03:48 PM by Howard Bashman



"Town may have to pay $65,000; Great Falls fighting lawyer fees after losing case to Wiccan priestess": This article appeared yesterday in The Charlotte Observer.
Posted at 03:44 PM by Howard Bashman



Building rented as a frat house is sufficiently "used in interstate commerce" so as to subject rival frat members who set fire to the building to prosecution for the federal crime of arson: At SUNY Cortland, apparently the Deltas don't much like the Kappas. So when the Deltas lost their frat house to the Kappas, the Deltas viewed the situation as intolerable. What followed gave rise to this interesting criminal law ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:20 PM by Howard Bashman



Sign code of Bryan, Texas isn't unconstitutional despite anti-abortion protesters' dissatisfaction with it, Fifth Circuit holds: Today's ruling of the U.S. Court of Appeals for the Fifth Circuit can be accessed at this link.
Posted at 03:11 PM by Howard Bashman



"We must decide whether the creators of the yet-unproduced film The Minotaur are collaterally estopped from pursuing a copyright infringement claim against the producers of Terminator II." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. Fortunately for fans of copyright litigation everywhere, today's decision reverses the trial court's dismissal of the copyright infringement claim.
Posted at 02:50 PM by Howard Bashman



"Roberts Backed Efforts for School Prayer": Hope Yen of The Associated Press provides this report.
Posted at 02:44 PM by Howard Bashman



"Senate legal staffers burning midnight oil": This article appears today in The Chicago Tribune.
Posted at 10:50 AM by Howard Bashman



"Judge John Roberts' Supreme Court Oral Arguments": By clicking here (RealPlayer required), you can view online this past Saturday's broadcast of C-SPAN's "America & the Courts."
Posted at 10:33 AM by Howard Bashman



"Florida Supreme Court Says Ruling Not Leaked": law.com provides this report.
Posted at 10:28 AM by Howard Bashman



"Christian Telecast Educates Faithful on High Court": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:10 AM by Howard Bashman



"Spy retrial brings out Cuban exiles' restraint; Five overturned convictions disappoint in Miami, but newfound patience has prevailed": The St. Petersburg Times contains this article today.
Posted at 10:05 AM by Howard Bashman



"The Judge Report: John Roberts is either a mad bomber of abortion clinics or a homo-tastic friend of the sodomite." This segment (Windows Media) recently appeared on "The Daily Show with Jon Stewart" (via "Bench Memos").
Posted at 09:50 AM by Howard Bashman



"Honduran businessman wages battle to win his freedom": Yesterday's issue of The Mobile Register contained an article that begins, "Today, David Henson McNab sits in a federal prison outside of Memphis, Tenn., about midway through an eight-year and one-month sentence for crimes in Honduras that the Honduran government now insists he did not commit. Four years later and 30 pounds lighter, his regular appeals exhausted, McNab has returned to the same federal court in Mobile where he was convicted in a lobster smuggling case that drew national attention."
Posted at 09:40 AM by Howard Bashman



"Rulings Trim Legal Leeway Given Medicaid Recipients": The New York Times today contains an article that begins, "In a series of rulings, federal judges are limiting the ability of poor people to turn to the courts to fight for Medicaid benefits to which they believe they are entitled."
Posted at 08:44 AM by Howard Bashman



"A supreme honor: Since his days at Tom C. Clark High School, Evan Young has eyed the U.S. Supreme Court; now he works with its justices." This article appears today in The Houston Chronicle.
Posted at 06:48 AM by Howard Bashman



Available online from The Los Angeles Times: Today's newspaper contains articles headlined "Coverage of Big Awards for Plaintiffs Helps Distort View of Legal System; In most such cases, the verdicts are either later rejected or the amounts are severely lowered" and "Standing on the Shoulders of Perjury Law."

And in yesterday's newspaper, Matt Welch had an op-ed entitled "The left's eyeing your home."
Posted at 06:44 AM by Howard Bashman




"Justice Stevens speech critical of death penalty now on-line": The blog "Sentencing Law and Policy" notes that the text of the speech is available at this link.
Posted at 06:30 AM by Howard Bashman



"The Becker-Posner Blog" discusses the Ten Commandments cases: See here and here.
Posted at 06:25 AM by Howard Bashman



"Roberts Lauded as Counter to Leftists": Josh Gerstein has this article today in The New York Sun.

The New York Times reports today that "Conservative Gathering Is Mostly Quiet on Nominee."

The Los Angeles Times reports that "Evangelicals Rally to 'Save the Court'; Conservative Christian leaders urge support for Bush nominee John G. Roberts Jr."

The Houston Chronicle reports that "DeLay charges left unduly influences Supreme Court; House majority leader keeps heat on federal bench."

The Washington Times reports that "DeLay slams court activism as 'autocracy.'"

The Tennessean contains articles headlined "'Justice Sunday' message: People hold the power; Americans urged in second telecast to deal with 'out-of-control judges'" and "Other area services seek to promote unity, not to protest."

The Washington Post contains an article headlined "Roberts v. Media Horde: The Supreme Court Nominee Manages to Keep Mum and Very Busy."

And The Minneapolis Star Tribune reports that "Democrats seek dialogue on abortion."

In commentary, Newsday contains an editorial entitled "Nominee deserves scrutiny, but anti-Roberts ad crossed the line."

In The Washington Post, columnist William Raspberry has an op-ed entitled "A Bad Shift for the Court."

And online at Reason, Jacob Sullum has an essay entitled "NARAL's Explosive Charge: The abortion rights group's slander of John Roberts helps his confirmation."
Posted at 06:24 AM by Howard Bashman



Sunday, August 14, 2005


In Monday's edition of The Washington Post: Tomorrow's newspaper will contain articles headlined "Conservatives Rally for Justices; Leaders Ask for Nominees Who Will End Abortion and Gay Rights" and "The Senator Has the Floor: Does Chuck Schumer Ever Have a Story for You!"
Posted at 11:38 PM by Howard Bashman



"US conservative Christians slam 'judicial autocracy'": Reuters provides this report.
Posted at 11:34 PM by Howard Bashman



"Court decision could cut education funding": This article appeared in Thursday's issue of The Dartmouth.
Posted at 11:33 PM by Howard Bashman



The perfect age to stop being the "junior" Justice: Tomorrow, Justice Stephen G. Breyer celebrates his 67th birthday.
Posted at 11:24 PM by Howard Bashman



"Filibuster compromise pins a target on dealmakers": Monday's edition of USA Today will contain this article.
Posted at 11:20 PM by Howard Bashman



"Environmentalists Uncertain on Roberts; Review of Record Sends Mixed Signals For One of Left's Most Vocal Constituencies": This article (free access provided) will appear Monday in The Wall Street Journal.
Posted at 11:12 PM by Howard Bashman



"Teacher, district settle 'God' dispute": The Oakland Tribune on Friday contained an article that begins, "A final settlement was reached Thursday in the case of the Cupertino schoolteacher who sued his district after officials banned him from using religious excerpts from the Declaration of Independence and other historical documents."
Posted at 11:04 PM by Howard Bashman



"Miss. on 'right track' with race relations, retired judge says": Thursday's edition of The Clarion-Ledger of Jackson, Mississippi contained this article.
Posted at 10:42 PM by Howard Bashman



"Judge reprimanded for 'snideness'": This article appeared Friday in The Omaha World-Herald.
Posted at 10:34 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Critics Decry Roberts' Environment Record"; "Thousands Fill Church for 'Justice Sunday'"; and "Wis. Rulings Prompt Businesses to Fight."
Posted at 10:25 PM by Howard Bashman



"Roberts' role in '91 abortion case again under scrutiny": This article will appear Monday in Newsday.
Posted at 10:20 PM by Howard Bashman



In news from Mississippi: The Clarion-Ledger of Jackson, Missippi on Saturday contained articles headlined:And The Biloxi Sun Herald on Saturday contained articles headlined:Saturday's issue of The Sun Herald also contained an item headlined "Transcript of Friday proceedings," while today's newspaper contains an article entitled "Faith surrounds bribery trial; Minor, Diaz, Whitfield and Teel: A higher power got us through."
Posted at 10:15 PM by Howard Bashman



"US hunt goes on for clues to enigmatic court nominee": Patti Waldmeir will have this article in Monday's edition of Financial Times.
Posted at 09:12 PM by Howard Bashman



"In media battle over Roberts, GOP on top; Lack of controversy and opponents' misstep give the Supreme Court nominee an important leg up": This article will appear Monday in The Christian Science Monitor.
Posted at 09:03 PM by Howard Bashman



"Big Tobacco, in Court Again. But the Stock Is Still Up": The New York Times contains this article today.
Posted at 05:02 PM by Howard Bashman



"Legal Urban Legends Hold Sway; Tall tales of outrageous jury awards have helped bolster business-led campaigns to overhaul the civil justice system": This article appears today in The Los Angeles Times.
Posted at 05:00 PM by Howard Bashman



"Debating the Power of the Presidency; Some say John Roberts' biggest impact on the high court could come in cases on wartime executive authority -- not a right to abortion": Henry Weinstein has this article today in The Los Angeles Times.

The Dallas Morning News today contains an article headlined "Clerks play backup for the Supremes; Nation's top legal minds make up an elite but largely unknown group."

The Week in Review section of The New York Times contains an article headlined "The Briefcase Carries Briefs, Not Necessarily Ideologies."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court nomination battle spotlights legal societies and their divergent views; Newer American Constitution Society modeled on more conservative Federalist Society."

The Washington Post contains an article headlined "NARAL Communications Director Resigns" and a news analysis headlined "Roberts Ad Highlights Volatility of Abortion Issue."

The Atlanta Journal-Constitution reports that "Churches gird for fight over Roberts."

And The Los Angeles Daily News reports that "Reagan Library scrambling."

In commentary, The Washington Post contains an editorial entitled "The Stakes for States," while columnist George F. Will has an op-ed entitled "Sense From the Hall of Framers."

The Los Angeles Times contains an editorial entitled "Not worth fighting over."

The Sacramento Bee contains an editorial entitled "Too much secrecy: Administration's refusal to release papers does a disservice to Rogers [sic] and public."

In The Detroit News, columnist Laura Berman has an op-ed entitled "The mudslingers spatter themselves with Roberts ads."

In The Pittsburgh Tribune-Review, Brian Fahling has an op-ed entitled "Arlen Specter's legislative supremacy doctrine is absurd."

And in The Mobile Register, James L. Evans has an op-ed entitled "Decrying and embracing hypocrisy."
Posted at 08:24 AM by Howard Bashman



Saturday, August 13, 2005


"Abused gay Mexican earns asylum in U.S." Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 02:25 PM by Howard Bashman



"New Trial Sought for Lawyer in Terror Case": The New York Times today contains an article that begins, "Lawyers for Lynne F. Stewart, the New York lawyer who was convicted in February of aiding terrorism, have asked the judge to declare a mistrial because one juror failed to disclose during pretrial jury selection that he was biased against criminal defendants, according to federal court documents unsealed yesterday."
Posted at 02:22 PM by Howard Bashman



"City man to rule on president's court picks": The Portsmouth Herald contains this article today.
Posted at 02:18 PM by Howard Bashman



"Redistricting Referendum Resurrected in California": This article appears today in The New York Times.

The Los Angeles Times reports today that "Redistricting Back on Ballot; State Supreme Court Hands Schwarzenegger a Major Victory."

The San Francisco Chronicle reports that "Redistricting plan back on state ballot; California Supreme Court overturns appellate ruling in big win for governor."

The Sacramento Bee reports that "Redistricting on ballot to stay; Let fight over wording resume after election, state high court says."

The San Diego Union-Tribune reports that "Redistrict measure put back on ballot; High court rules differences in wording not misleading."

The Oakland Tribune reports that "Court breathes life into reform; Top state justices return redistricting measure to Nov. 8 ballot, ruling voters weren't misled by wording."

And in The Pasadena Star-News, Thomas Elias has an op-ed entitled "Research, proofreading could have avoided ballot disasters."

At his "Election Law" blog, Law Professor Rick Hasen provides the text of the Supreme Court of California's order at this link.
Posted at 10:25 AM by Howard Bashman




"Philip Morris Vows to Appeal Judgment to U.S. High Court; Unless an appellate ruling is changed, Philip Morris may have to pay a widow more than $75 million": Yesterday's edition of The Los Angeles Times contained this article.
Posted at 08:35 AM by Howard Bashman



"Democrats Are Firm In Seeking Roberts's 1989-1993 Memos; White House Calls Demand a Political Ploy": This article appears today in The Washington Post, along with a news analysis headlined "Democrats Conflicted on Playing Rough; Lack of Support for Roberts Ad Raises Question of Tactics."

The Los Angeles Times reports today that "Letter Seeking Roberts' Papers Cites GOP Arguments."

The New York Times contains an article headlined "Glow of Ad Shows Democrats' Dilemma."

And The Kentucky Post reports that "McConnell calls Roberts an 'all-star.'"

In commentary, The New York Times contains an editorial entitled "A Bad Ad." And columnist John Tierney has an op-ed entitled "Pro-Choice but Anti-Naral."

The Denver Post contains an editorial entitled "Stick to the facts on Roberts."

The Milwaukee Journal Sentinel contains an editorial entitled "An inexcusable attack."

The Arkansas Democrat-Gazette contains an editorial entitled "Expose exposed: Looking for honest Democrats."

In The Los Angeles Times, Law Professor Jonathan Turley has an op-ed entitled "When justices won't go."

Tomorrow in The Washington Post, columnist Gene Weingarten will have an op-ed entitled "Bland Justice."

In The Palm Beach Post, columnist George McEvoy has an op-ed entitled "Was high court gay rights ruling a setup?"

In The Kansas City Star, Rick Curl has an op-ed entitled "Supreme Court changes heading in the wrong direction."

And in The Louisville Courier-Journal, Mary Johnson has an op-ed entitled "Judge Roberts: Bad news for the disabled?"
Posted at 08:20 AM by Howard Bashman



Friday, August 12, 2005


Available online from law.com: An article is headlined "Roberts Recusal From ABA Case a Sign of Strict Standards?"

And in other news, "Calif. Justices See Retaliation in Makeup Case."
Posted at 09:55 PM by Howard Bashman




"NARAL Communications Director Resigns": FOXNews.com provides this report.
Posted at 08:45 PM by Howard Bashman



"Judgment Day: Are judges the new doctors?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:44 PM by Howard Bashman



"NARAL Pulls Ad Criticizing Roberts": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:40 PM by Howard Bashman



"Today I am not announcing my support for, or opposition to the nomination of Judge John Roberts to the Supreme Court." The text of the speech that U.S. Senator Barbara Boxer (D-CA) delivered on Wednesday can be accessed here. I previously collected news coverage of the speech at this link.
Posted at 05:20 PM by Howard Bashman



"Conservatives Alarmed at Roberts' Role in Playboy Case": So reports Robert B. Bluey at Human Events Online.
Posted at 05:12 PM by Howard Bashman



"Alabama clinic nurse defends ad against Roberts nomination": The Associated Press provides this report.
Posted at 04:42 PM by Howard Bashman



"Less Hysteria, More Perspective": CBS News legal analyst Andrew Cohen today has an essay that begins, "There has been way too much hysteria and not nearly enough perspective in the debate over the Supreme Court nomination of John G. Roberts, Jr. It may be a hot and steamy August, but the Beltway spinners and special-interest shriekers ought to just chill a bit."
Posted at 04:35 PM by Howard Bashman



"Senate Democrats Request Roberts Documents": The Associated Press provides this report.
Posted at 04:30 PM by Howard Bashman



"Judge's error in sealing affidavits hardly harmless": Douglas Lee has this commentary online at the First Amendment Center.
Posted at 02:28 PM by Howard Bashman



"Senate Democrats demand certain Roberts documents": Reuters provides this report.
Posted at 02:14 PM by Howard Bashman



"Diaz innocent on all judicial bribery charges; no verdict reached on some charges against three others": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "Mississippi Supreme Court Justice Oliver Diaz Jr. is innocent on all judicial bribery charges against him, a federal jury decided this morning."

And in other coverage, The Associated Press reports that "Four Innocent of Bribery Charges in Miss."
Posted at 02:10 PM by Howard Bashman




"Supreme Court Opinions: October 2004 Term." The Congressional Research Service recently issued this report summarizing the opinions issued in the 2004 Term.
Posted at 11:20 AM by Howard Bashman



"E-mail wiretap case can proceed, court says": Declan McCullagh provides this report at c|net News.Com.
Posted at 11:10 AM by Howard Bashman



"Attack Ad Is First Casualty of U.S. High Court Battle": Bloomberg News provides this report.
Posted at 11:05 AM by Howard Bashman



Sixth Circuit holds unconstitutional municipal ordinance regulating parades on the city streets and sidewalks of Dearborn, Michigan: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit in American-Arab Anti-Discrimination Committee v. City of Dearborn at this link.
Posted at 10:35 AM by Howard Bashman



"Job bias case challenges facial makeup": This article about a case pending before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit appears today in The Sacramento Bee.
Posted at 09:48 AM by Howard Bashman



"Court Widens Protections for Workers Sensing Bias; State justices rule for a manager who refused to fire a woman seen as not 'good-looking' enough": Maura Dolan has this article today in The Los Angeles Times.

In The San Francisco Chronicle, Bob Egelko reports that "Woman's suit against L'Oreal to go to trial; Court rules alleged retaliatory actions a civil rights matter."

In The Sacramento Bee, legal affairs writer Claire Cooper reports that "State high court widens protection against sex bias."

And The San Jose Mercury News reports that "Court rules against L'Oreal; Whistleblower's lawsuit validated."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 09:45 AM by Howard Bashman




In the August 29, 2005 issue of The Nation: Kate Michelman will have an essay entitled "Roberts and Roe."

And Katha Pollitt will have an essay entitled "Feminists for (Fetal) Life."
Posted at 08:44 AM by Howard Bashman




"The Question of Questions...Again: Ask, but don’t expect Judge Roberts to answer every time." Andrew C. McCarthy has this essay today at National Review Online.
Posted at 08:42 AM by Howard Bashman



"Arkansas backs Texas' position on abortion law; Brief supports parental notification": This article appears today in The Arkansas Democrat-Gazette.
Posted at 07:28 AM by Howard Bashman



"State court backs gay rights; Three-judge panel affirms Allentown's anti-bias ordinance": The Allentown Morning Call contains this article today. You can access yesterday's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 07:25 AM by Howard Bashman



"Appeals court ruling revives case of intercepted e-mail; Businessman can be tried under wiretap statute": This article appears today in The Boston Globe.
Posted at 07:14 AM by Howard Bashman



"Roberts joined effort to limit voting protections in '80s; National Archives releases documents from his career at Justice Department": Joan Biskupic and Toni Locy have this article today in USA Today.

In The Los Angeles Times, David G. Savage and Maura Reynolds today have an article headlined "More Early Roberts Files Are Released; A memo shows that an '82 high court ruling was at odds with his views on judicial restraint as a Justice Dept. lawyer."

The Washington Times contains articles headlined "Roberts faulted court in '82 education case" and "NARAL to pull Roberts TV ad."

The Chicago Tribune contains articles headlined "On paper, praise for the right" and "Civil rights groups go slow; Leaders say they are withholding judgment as they study Roberts."

The New York Times contains an article headlined "For Conservative Christians, Game Plan on the Nominee."

The Washington Post reports that "Abortion Rights Group Withdraws Anti-Roberts Ad; Organization's Allies Among Critics of NARAL Commercial."

The Boston Globe reports that "Anti-Roberts ad rapped, withdrawn; Said to distort nominee's role in clinic bomb case."

The Pittsburgh Post-Gazette reports that "Abortion rights ad assailing Roberts is pulled."

The Shreveport Times reports that "Coalition, Landrieu express support for court nominee; News conference part of 30-city tour by group concerned with family, life issues."

And The Associated Press reports that "Roberts Urged Dodging Wallenberg Kin's Plan."

In commentary, The St. Petersburg Times contains an editorial entitled "Anti-Roberts ad goes too far."

The Philadelphia Inquirer contains an editorial entitled "Roberts Nomination: NARAL sinks low in attack ad."

The Mobile Register contains an editorial entitled "Roberts' pithy quotes show enduring wisdom."

The Orlando Sentinel contains an editorial entitled "Down in the gutter: NARAL's attack on the high court nominee is shameless politics."

In The Washington Post, columnist E.J. Dionne Jr. has an op-ed entitled "Stop the Roberts Bombing."

In The Boston Globe, columnist Scot Lehigh has an op-ed entitled "Smearing John Roberts."

In The Los Angeles Times, columnist Jonathan Chait has an op-ed entitled "Blindly battling over Roberts."

In The Denver Post, columnist Jim Spencer has an op-ed entitled "Roberts friendly to abortion foes," while Steven Hill has an op-ed entitled "Time for a fresh look at life terms on the Supreme Court."

In The Fallon Star Press, Ryan McGinness has an op-ed entitled "It's confirmed: we don't know."

And FindLaw commentator John W. Dean has an essay entitled "Judiciary Committee Chairman Arlen Specter Presses Judge John Roberts on His Commerce Clause Views: Will The 'Ginsburg Rule' Apply?"
Posted at 07:00 AM by Howard Bashman



Thursday, August 11, 2005


"Memos Show Roberts as a Reagan-Era Adviser on Sensitive Political Matters": Neil A. Lewis will have this article in Friday's edition of The New York Times. The newspaper will also report that "Abortion Rights Group Plans to Pull Ad on Roberts."

The Chicago Tribune on Friday will report that "Roberts praised bucking the liberal establishment, memo shows."

The Guardian (UK) on Friday reports that "Abortion rights group launches campaign against Bush nominee."

Friday's edition of The Washington Post will contain an editorial entitled "Abortion Smear."

And The Minneapolis Star Tribune on Friday will contain an editorial entitled "Public records: Bush's secrecy goes too far."
Posted at 11:28 PM by Howard Bashman




"Roberts Only Represents Playboy for the Articles": "Wonkette" has this post concerning today's news from Human Events Online.
Posted at 11:18 PM by Howard Bashman



"Calif. Supreme Court to Decide Statute in Tobacco Case": law.com provides this report.
Posted at 11:14 PM by Howard Bashman



"Reagan Library to Open Additional Records Relating to Judge John Roberts": National Archives Public Affairs Office issued this press release today.
Posted at 10:31 PM by Howard Bashman



"Friendly Fire: How John Roberts differs from his hero and mentor." Robert Gordon has this jurisprudence essay online at Slate.
Posted at 10:25 PM by Howard Bashman



"NARAL Pro-Choice America Responds to Letter from Sen. Specter": NARAL Pro-Choice America issued this press release late today. You can view the letter to which the press release responds at this link.
Posted at 10:18 PM by Howard Bashman



"Nominee's Record May Hint at Role on Supreme Court": This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained this very interesting segment (transcript with link to audio).
Posted at 10:14 PM by Howard Bashman



"Calif court lets stand $50 million tobacco verdict": Reuters provides this report.
Posted at 10:08 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Abortion Rights Group Withdraws Roberts Ad."

And in other news, "Intercepted E-Mail Indictment Revived."
Posted at 10:01 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Released Papers Show Roberts Urging Discretion."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Ad Attacks Supreme Court Nominee John Roberts" (featuring David G. Savage).

RealPlayer is required to launch these audio segments.
Posted at 08:38 PM by Howard Bashman




The wire services are reporting: Jesse J. Holland of The Associated Press reports that "Specter Calls for Pulling Anti-Roberts Ad."

And Reuters reports that "Cuba says US illegally holding five accused spies."
Posted at 06:00 PM by Howard Bashman




Senate Judiciary Committee Chairman Arlen Specter (R-PA) asks NARAL Pro-Choice America to pull its anti-Roberts television ad: Senator Specter sent this letter to NARAL's president today.
Posted at 04:45 PM by Howard Bashman



"The closest analogy to the substantive due process argument in Dred Scott v. Sandford isn't Roe v. Wade. It's the dissenters' position in Kelo v New London." Law Professor Jack M. Balkin has this post online today at his blog "Balkinization."
Posted at 04:20 PM by Howard Bashman



Reuters is reporting: James Vicini reports that "Roberts advised O'Connor to be discreet at hearing."

And an article headlined "U.S. appeals court sends Accupril patent case back" reports on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 03:30 PM by Howard Bashman




On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Roberts Speech Lauds 'Dispassionate' Judiciary"; "Sen. John Cornyn on Roberts' Wake Forest Speech"; and "Slate's Jurisprudence: Impact of Roberts' Speech" (featuring Dahlia Lithwick). You can hear the complete forty-five minute speech by clicking here. RealPlayer is required to launch these audio segments.
Posted at 03:20 PM by Howard Bashman



"Roberts's involvement in the clinic violence case: why it troubles us." This post appears today at the National Women's Law Center "Nomination Watch" blog.

And David at "Blue Mass. Group" has a post titled "NARAL's anti-Roberts smear."
Posted at 03:15 PM by Howard Bashman




"Judge Roberts' View From the Bench: Deciding cases is a lot harder than he thought it would be, the high court nominee told college students in a February speech." Maura Reynolds had this article yesterday in The Los Angeles Times. According to the article:
In February, in what was apparently his last public address before he began to be vetted as a possible nominee, Roberts gave a speech to students at Wake Forest University in Winston-Salem, N.C., that is likely to provide fodder for the debate
National Public Radio has posted online the audio of the speech, which clocks-in at forty-five minutes, and you can listen online by clicking here (RealPlayer required).
Posted at 03:10 PM by Howard Bashman



"Police can keep photos of officers private, judge says": The Cleveland Plain Dealer today contains an article that begins, "Police departments can refuse to release photos of their officers under exemptions in the state's public records law, the Ohio Supreme Court ruled Wednesday." You can access yesterday's ruling of the Supreme Court of Ohio at this link.
Posted at 03:05 PM by Howard Bashman



En banc U.S. Court of Appeals for the First Circuit issues its ruling in United States v. Councilman: The majority opinion begins:
This case presents an important question of statutory construction. We must decide whether interception of an e-mail message in temporary, transient electronic storage states an offense under the Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2522. The government believes it does, and indicted Councilman under that theory. The district court disagreed and dismissed the indictment. A divided panel of this court affirmed. We granted review en banc and now reverse.
Today's decision, in its entirety, can be accessed at this link. The First Circuit's earlier, three-judge panel ruling, which reached the opposite result from today's en banc decision, can be accessed here.
Posted at 02:45 PM by Howard Bashman



Over the dissent of nine judges, the U.S. Court of Appeals for the Ninth Circuit denies rehearing en banc in case holding that Crawford v. Washington applies retroactively: Today's order denying rehearing en banc, accompanied by a dissent, can be accessed here. The earlier ruling by a divided three-judge panel, which the Ninth Circuit has refused to rehear en banc, can be accessed here. According to today's dissent, the Ninth Circuit's ruling "conflicts with the decision of every other circuit to have considered the retroactivity of Crawford."
Posted at 12:45 PM by Howard Bashman



"Money, Judicial Elections, And The First Amendment": This month's installment of my monthly appellate column, which appeared on Monday in The Legal Intelligencer, is now available online here.
Posted at 12:25 PM by Howard Bashman



"Recusal on appeal: An appellate advocate's perspective." The Spring 2005 issue of The Journal of Appellate Practice and Process will be reaching subscribers, including all federal and state appellate judges in the Nation, any day now. The issue focuses on recusal on appeal and includes essays focusing on the subject from the judicial, academic, and advocate's perspectives. I am the author of the essay addressing the issue from an advocate's perspective, and the text of my essay can be accessed online at this link.
Posted at 12:08 PM by Howard Bashman



"Roberts Advocated Noncommittal Stances": Jesse J. Holland of The Associated Press provides this report.
Posted at 11:45 AM by Howard Bashman



"High Court Issues in Focus at ABA Convention": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:32 AM by Howard Bashman



"Why big business hearts John Roberts; It's looking like George W. Bush named a Supreme Court nominee that corporate honchos can love": Michael Scherer has this essay today at Salon.com.

And today at National Review Online, Peter Kirsanow has an essay entitled "Roberts's Rules of Order: The Constitution doesn't live and breathe in his body of work," while David Hogberg and Tamara Kafkova have an essay entitled "Endangered Roberts? Greens eye the Supreme Court nominee."
Posted at 10:28 AM by Howard Bashman




"The hard-boiled justice of Judge Scalia": In case you missed last week's heart-warming installment of "Tom the Dancing Bug" comic strip, wherein Scalia finds an infant in the Indiana woods and names him John Roberts, you can access it here. Part two of the story is now available online at this link via Salon.com.
Posted at 10:22 AM by Howard Bashman



"High Court Declines State's Direct Appeal of Same-Sex Marriage Ruling": Today in The Los Angeles Times, Maura Dolan has an article that begins, "The California Supreme Court decided Wednesday to put off for at least a year a decision on whether a state ban on same-sex marriage is constitutional."

In The San Francisco Chronicle, Bob Egelko reports that "High court says no to same-sex marriage review."

And in The San Jose Mercury News, Howard Mintz reports that "State court delays entering same-sex marriage fray."
Posted at 10:12 AM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Sen. Leahy: Roberts Ads a Waste of Money" and "Court Temporarily Blocks Mutual Fund Rule."
Posted at 10:05 AM by Howard Bashman



"Judge Flaum's opinions earmark him as a would-be John Paul Stevens on the Seventh Circuit Court of Appeals": This memorandum (page 3 of the PDF file) from today's National Archives document release discussed in the post immediately below appears to be an analysis from inside President Reagan's Justice Department of whether U.S. District Judge Joel M. Flaum should be nominated to serve on the Seventh Circuit. Apparently the views of the memo's author did not prevail, as today Judge Flaum serves as the Seventh Circuit's Chief Judge.
Posted at 09:00 AM by Howard Bashman



"National Archives to Open Additional Materials Relating to John Roberts": The U.S. National Archives and Records Administration issued this press release yesterday. The additional documents, posted online today, can be accessed via this link. Included are documents from the files of Carolyn B. Kuhl, a former Ninth Circuit nominee.
Posted at 08:45 AM by Howard Bashman



"Justice sues AG over records in rebuke case": The Seattle Post-Intelligencer today contains an article that begins, "State Supreme Court Justice Richard Sanders, who is challenging his punishment for touring the McNeil Island center for sexual predators, is suing the Attorney General's Office to shake loose public records dealing with the visit that got him in hot water."
Posted at 07:22 AM by Howard Bashman



"Panel affirms pledge; Appeals court rules that recitation demonstrates patriotism, not religion": This article appears today in The Richmond Times-Dispatch.

The Washington Examiner reports today that "Sterling father loses pledge case; Man says school forced recitation."

And Leesburg Today reports that "Pledge of Allegiance Survives Court Battle."
Posted at 07:15 AM by Howard Bashman




"Bush Order Lets Him Control Roberts' Memos; A 2001 decree gives him the power to block the release of papers from presidential libraries, among them those of the high court nominee": David G. Savage and Maura Reynolds have this article today in The Los Angeles Times.

In The New York Times, Linda Greenhouse reports that "TV Ad Attacking Court Nominee Provokes Furor."

The Washington Post reports that "In '81, Roberts Offered Counsel to O'Connor; As Aide to Attorney General, He Urged Nominee to Be Reserved in Sharing Legal Views."

The Wichita Eagle reports that "Roberts faces scrutiny of role in Wichita case."

The Washington Times contains articles headlined "In 1980s, Roberts wary of new right" and "Anti-Roberts ad called 'flawed.'"

The San Francisco Chronicle contains articles headlined "Gay issues destined for top Court; Activists agree Justice Roberts would be pivotal in same-sex marriage cases" and "Boxer threatens to slow Senate activity over court pick; She'll vote 'no' unless Roberts backs right to abortion."

In The Oakland Tribune, Josh Richman reports that "Boxer knocks record of Supreme Court nominee; Senator hasn't decided her vote but has concerns."

The San Jose Mercury News reports that "Boxer attacks Roberts' work opposing clinic protection."

And The Portland (Me.) Press Herald reports that "TV stations urged to pull Roberts ad."

In commentary, The Washington Times today contains an editorial entitled "Lies from the far-left."

The Republican of Springfield, Massachusetts contains an editorial entitled "Running out the clock isn't exactly dignified."

In The Chicago Sun-Times, columnist Robert Novak has an op-ed entitled "Roberts fight now a battle over future."

In The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "Antagonist of the Left Expresses Righteous Indignation About Roberts."

In The Los Angeles Times, Abigail Thernstrom has an op-ed entitled "Roberts, misjudged."

And in The Atlanta Journal-Constitution, Jay Bookman has an op-ed entitled "Privacy right unlisted, but perfectly clear."
Posted at 07:00 AM by Howard Bashman



Wednesday, August 10, 2005


In Thursday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "TV Ad Attacking Court Nominee Provokes Furor" and "Chairman Backs White House on Keeping Roberts's Memos."
Posted at 11:15 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Will Roberts Jump Into the Supreme Court Cert Pool?"

And in other news, "Survey Reveals Little Change in Sentencing Habits After 'Booker.'"
Posted at 09:50 PM by Howard Bashman




"Parties Ask if More Roberts Surprises Wait": Jesse J. Holland of The Associated Press provides this report. And The AP's David Kravets reports that "Boxer demands Roberts support abortion, privacy."

The San Jose Mercury News provides a news update headlined "Boxer blasts Roberts' opinions; Nominee backed violent anti-abortion extremists, Senator charges."

Reuters reports that "Democrats push W.House for more on Roberts."

And Thursday's issue of Financial Times will report that "Trade group backs Supreme Court nominee."
Posted at 09:05 PM by Howard Bashman




"Ads Are Tailored to Help, Hurt Roberts": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:30 PM by Howard Bashman



"Commentary: new Pledge decision." At "SCOTUSblog," Lyle Denniston offers this interesting analysis of today's Fourth Circuit ruling.
Posted at 07:27 PM by Howard Bashman



"Roberts's foes, friends load up fresh ammo for fall hearings; August's dog days find the capital's denizens working overtime on ways to attack or defend high court nominee": This article will appear Thursday in The Christian Science Monitor.
Posted at 05:40 PM by Howard Bashman



"No vanity plate for West Rutland man yet": The Rutland (Vt.) Herald today contains an article that begins, "A federal magistrate has recommended against issuing a West Rutland man a vanity license plate with a biblical message on it, at least for now."
Posted at 05:20 PM by Howard Bashman



"Is Pornography The Same As Prostitution? A New York Judge Says 'No,' But the Answer Is Less Clear." FindLaw commentator Sherry F. Colb has this essay today.
Posted at 05:15 PM by Howard Bashman



"'Lawrence' Lawyer Discusses Roberts Nomination": This article appears in this week's issue of Windy City Times.
Posted at 05:04 PM by Howard Bashman



Slow news day? The Honolulu Advertiser today contains an article headlined "Court nominee's key Island case on TV." Guess I no longer have the "America & the Courts" beat entirely to myself.

And speaking of C-SPAN, don't miss this archive of Washington Journal's "Supreme Court Watch" segments.
Posted at 04:25 PM by Howard Bashman




"Court upholds Virginia's Pledge of Allegiance law": The Associated Press provides this report.
Posted at 04:20 PM by Howard Bashman



The wire services are reporting: Reuters reports that "US manufacturers' group backs Roberts on Supreme Ct."

And The Associated Press reports that "Cuba Wants U.S. to Release Five Agents."
Posted at 03:28 PM by Howard Bashman




"Judges increasingly fear attacks; Piersol: Criticism expected, but bashing crosses line." This article appeared yesterday in The Argus Leader of Sioux Falls, South Dakota.
Posted at 02:28 PM by Howard Bashman



The White House requests that The New York Times correct its article headlined "Nominee Is Pressed on End-of-Life Care" published today: You can access the letter that Edward W. Gillespie sent to the Washington bureau chief of The NYTimes at this link (via "Bench Memos").
Posted at 02:23 PM by Howard Bashman



Progress for America Voter Fund asks "How Low?" The pro-Roberts ad that I mentioned yesterday can be viewed by clicking here (QuickTime format).
Posted at 02:05 PM by Howard Bashman



Three-judge Fourth Circuit panel rejects Establishment Clause challenge to state law providing for the daily, voluntary recitation of the Pledge of Allegiance in Virginia's public schools: Because today's ruling is not yet available via the Fourth Circuit's web site, I have posted a copy online here.

Update: The opinion is now available via the Fourth Circuit's web site at this link.
Posted at 12:30 PM by Howard Bashman




"The Secret Trial of Judith Miller: Will the Times reporter have her ears cut off? Will you?" Michael McMenamin has this essay today online at Reason.
Posted at 12:04 PM by Howard Bashman



"Court asked to review decision on prayers": The Richmond Times-Dispatch today contains an article that begins, "The American Civil Liberties Union of Virginia has asked the U.S. Supreme Court to review a decision allowing Chesterfield County to bar a local witch from leading the prayer at its Board of Supervisors meetings."

And The Associated Press reports that "Wiccan prayer dispute heads to U.S. Supreme Court."
Posted at 11:45 AM by Howard Bashman




"Is the Independence of the Judiciary at Risk?" Thanks to the American Bar Association's web site, you can view online (here via RealPlayer; here via Windows Media) yesterday's panel featuring Justice Stephen G. Breyer, former Solicitor General Theodore B. Olson, and U.S. Senator Lindsey Graham (R-SC). I previously linked to news coverage of Justice Breyer's remarks here, here, and here.
Posted at 10:35 AM by Howard Bashman



"Disabled inmate at a Georgia prison could make legal history": Bill Shipp has this op-ed today in The Athens Banner-Herald. Via Medill School of Journalism's "On The Docket," you can learn more about the case here.
Posted at 10:28 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Spy Convictions Overturned in Miami" and "Court Ruling Could Put Crimp in Workplace Dating" (RealPlayer required).
Posted at 10:22 AM by Howard Bashman



Pro se litigant loses trial, gains front page coverage from The Wall Street Journal: Yesterday's edition of The Wall Street Journal contained a front page article headlined "In court, sales rep battles Aventis on her own" (free access via The Pittsburgh Post-Gazette).
Posted at 09:00 AM by Howard Bashman



"Bush blasts NCAA as FSU plans response; The governor says the decision to punish schools with Native American mascots is insulting": This article appears today in The St. Petersburg Times.
Posted at 07:22 AM by Howard Bashman



"Court overturns spy verdicts; The convictions of five accused Cuban spies in a Miami trial were thrown out by an appellate court; A retrial is expected": The Miami Herald contains this article today.

The South Florida Sun-Sentinel reports today that "Court discards convictions of 5 Cubans accused of spying."

The Chicago Tribune reports that "U.S. dealt setback on spies; Appellate court rules 5 Cuban agents were unfairly tried in Miami."

In The New York Sun, Josh Gerstein reports that "Court Orders New Trial For 'Cuban Five.'"

And BBC News reports that "Havana hails US Cuban spy retrial; The Cuban government has welcomed a US appeal court decision to retry five Cubans convicted of spying."
Posted at 07:20 AM by Howard Bashman




"Judge orders Canada to stop quizzing teen in Guantanamo": This front page article appears today in The Toronto Globe and Mail.
Posted at 07:14 AM by Howard Bashman



"Proposition 200 challenge rejected; No one harmed, judges say in rejecting lawsuit": The Arizona Daily Star contains this article today.

The Arizona Republic reports today that "Judges dismiss lawsuit; Opponents say they'll consider filing new claim."

And in The San Francisco Chronicle, Bob Egelko reports that "Illegal immigrant law is upheld; Arizona plaintiffs lack standing to sue, appeals court rules."
Posted at 07:10 AM by Howard Bashman




"Wyden confident Roberts would shield suicide law; The Oregon senator, fearing a challenge to doctor-assisted suicide, meets with the Supreme Court nominee": This article appears today in The Oregonian.

The Birmingham News reports today that "Clinic bombing victim opposes Roberts in ad."

The Los Angeles Times contains an article headlined "Judge Roberts' View From the Bench; Deciding cases is a lot harder than he thought it would be, the high court nominee told college students in a February speech."

The Washington Times contains an article headlined "Pro-choice group: Defeat Roberts."

The Providence Journal reports that "Ads at odds over Roberts nomination; National and local advocacy groups are taking public sides over President Bush's choice for Supreme Court justice."

And The Day of New London, Connecticut reports that "Rhode Islanders Stirred To Action On Supreme Court Nomination; Groups for and against Bush selection John Roberts gear up for a fight."

In commentary, The Mobile Register contains an editorial entitled "Attacks on Roberts badly miss their marks."

The La Crosse Tribune contains an editorial entitled "Let's consider what judges and justices actually do."

And in The Orlando Sentinel, columnist Kathleen Parker has an op-ed entitled "My Supreme Court nominee can beat up your Supreme Court nominee."
Posted at 06:48 AM by Howard Bashman




"Guantanamo detainees find fault with lawyers; Inmate frustration breeds mistrust": Charlie Savage has this article today in The Boston Globe.
Posted at 06:46 AM by Howard Bashman



"Justice Breyer takes a stand": The Chicago Sun-Times today contains an article that begins, "What's wrong with citing rulings by judges in other countries, Supreme Court Justice Stephen Breyer asked attendees at the American Bar Association Convention in Chicago on Tuesday."
Posted at 06:44 AM by Howard Bashman



"O'Connor recalls Arizona ranch days": This article appears today in The Arizona Republic.
Posted at 06:42 AM by Howard Bashman


Tuesday, August 09, 2005


"The Bush Administration has mounted a wide-ranging challenge in the Supreme Court to the power of federal judges to stop new anti-abortion laws before they go into effect." So begins Lyle Denniston's post titled "Government opposes swift rulings on abortion" online at "SCOTUSblog."
Posted at 11:30 PM by Howard Bashman



"NARAL Falsely Accuses Supreme Court Nominee Roberts; Attack ad says he supported an abortion-clinic bomber and excused violence; In fact, Roberts called clinic bombers 'criminals' who should be prosecuted fully": The Annenberg Political Fact Check, a project of the Annenberg Public Policy Center of the University of Pennsylvania, today issued this evaluation of the television ad recently released by NARAL Pro-Choice America.

In somewhat related coverage, Kevin Russell at "The Supreme Court Nomination Blog" hypothesizes here about "the degree to which the views expressed in the Government's brief in Bray should be attributed to Roberts." You can view the brief by clicking here.
Posted at 11:00 PM by Howard Bashman




"Roberts Papers Being Delayed; Bush Aides Screen Pages for Surprises": Wednesday's issue of The Washington Post will contain a front page article that begins:
Thrown on the defensive by recent revelations about Supreme Court nominee John G. Roberts Jr.'s legal work, White House aides are delaying the release of tens of thousands of documents from the Reagan administration to give themselves time to find any new surprises before they are turned into political ammunition by Democrats.

Before Roberts's July 19 selection by President Bush, there was no comprehensive effort to examine the voluminous paper trail from his previous tours as an important legal and political hand under Presidents Ronald Reagan and George H.W. Bush, administration officials said.

Wednesday's issue of The New York Times will contain an article headlined "Nominee Is Pressed About End-of-Life Care" that begins:
Terri Schiavo, the brain-damaged Florida woman whose case provoked Congressional action and a national debate over end-of-life care, became an issue on Tuesday in the Supreme Court confirmation of Judge John G. Roberts Jr. when a Democratic senator pressed Judge Roberts about whether lawmakers should have intervened.

The senator, Ron Wyden of Oregon, said Judge Roberts, while not addressing the Schiavo case specifically, made clear he was displeased with Congress's effort to force the federal judiciary to overturn a court order withdrawing her feeding tube.

"I asked whether it was constitutional for Congress to intervene in an end-of-life case with a specific remedy," Mr. Wyden said in a telephone interview after the hourlong meeting. "His answer was, 'I am concerned with judicial independence. Congress can prescribe standards, but when Congress starts to act like a court and prescribe particular remedies in particular cases, Congress has overstepped its bounds.'"

The answer, which Mr. Wyden said his aides wrote down word-for-word, would seem to put Judge Roberts at odds with leading Republicans in Congress, including the Senate majority leader, Bill Frist, and the House majority leader, Tom DeLay, who both led the charge for Congressional intervention in the Schiavo case this spring. Mr. DeLay said at the time that the federal judiciary had "run amok."

And Wednesday's issue of Newsday will contain an article headlined "Ads lash out against Roberts; Abortion rights backers start campaign highlighting high court nominee's arguments in clinic protest case."
Posted at 10:42 PM by Howard Bashman



Access online Wal-Mart's Brief for Appellant filed in the Ninth Circuit in the Dukes v. Wal-Mart Stores appeal: I have posted online at this link (1MB PDF file) a copy of the appellate brief, which Circuit Judge Harry Pregerson criticized at yesterday's oral argument as too harsh toward the trial judge (see news stories collected here). Now you can judge for yourself whether this appellate judge's widely-reported criticism was deserved.
Posted at 10:32 PM by Howard Bashman



"Judge-election system works well": Justice Richard B. Sanders of the Washington State Supreme Court has this op-ed today in The Seattle Times.
Posted at 10:15 PM by Howard Bashman



"Courts Still at Odds Over Transsexuals' Civil Rights; 6th Circuit ruling opened door to discrimination suits against employers, but some lower federal courts disagree": law.com provides this report.
Posted at 09:52 PM by Howard Bashman



"Left group refine plans on Roberts": This article will appear Wednesday in The Hill.
Posted at 09:50 PM by Howard Bashman



"Judge Rules for Walt Disney Directors in Ovitz Case": The New York Times provides this news update.

The Los Angeles Times provides a news update headlined "Disney Dodges Ovitz Bullet; Delaware judge rules media giant's directors did not breach their fiduciary duty to shareholders."

The Associated Press reports that "Judge Sides With Disney Board Over Ovitz."

Reuters reports that "Judge rules for directors in Ovitz case."

And Bloomberg News reports that "Disney Directors Absolved of Liability in Ovitz Suit."
Posted at 08:24 PM by Howard Bashman




"Appeals Court Upholds Move to Strike Redistricting Proposal": The Los Angeles Times provides this report.

And The Associated Press reports that "State appeals court keeps redistricting measure off ballot."
Posted at 08:20 PM by Howard Bashman




"Breyer urges US attention to foreign law": This article will appear Wednesday in Financial Times.
Posted at 08:14 PM by Howard Bashman



"Breaking News: Appellate Court Votes 2-1 to Keep Prop. 77 off the Ballot." Law Professor Rick Hasen's blog provides this post, which links to today's California Court of Appeal ruling.
Posted at 05:45 PM by Howard Bashman



"9th Circuit refuses to block portion of Arizona immigration law": The Associated Press provides this report.
Posted at 05:40 PM by Howard Bashman



"NWLC: John Roberts' Involvement in Bray Case Raises Many Concerns." National Women's Law Center issued this press release today.
Posted at 05:33 PM by Howard Bashman



The wire services are reporting: Jesse J. Holland of The Associated Press reports that "Conservative Group to Oppose John Roberts."

And Reuters reports that "US abortion-rights groups demand documents on Roberts."
Posted at 05:14 PM by Howard Bashman




"PFA Unveils Ad Campaign to Counter NARAL's Deception; Television Ad Combats Dishonest Attack on Judge Roberts' Record": The organization Progress for America issued this press release today.
Posted at 05:10 PM by Howard Bashman



"Slate's Jurisprudence: A Lifetime on the Bench." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:30 PM by Howard Bashman



"Campus recruiting issue heads to high court; Can universities ban military recruiters in protest of Pentagon gay policy?" Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 03:35 PM by Howard Bashman



"Court Justice Worried About Criticism": Gina Holland of The Associated Press provides a report that begins, "Supreme Court Justice Stephen Breyer said Tuesday that rulings on difficult subjects like gay rights and the death penalty have left courts vulnerable to political attacks that are threatening judicial independence. Breyer urged lawyers to help educate people about court responsibility to be an independent decision-maker."
Posted at 03:15 PM by Howard Bashman



When may "a district court require, as a condition for appealing a judgment, that a losing plaintiff in a civil rights case post a Fed. R. App. P. 7 bond that includes the defendant's anticipated appellate attorney's fees?" Circuit Judge Ed Carnes today issued this interesting opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 02:40 PM by Howard Bashman



The Eleventh Circuit rules against the federal government on appeal in a civil action for conversion and civil theft brought by the United States against attorney F. Lee Bailey: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:25 PM by Howard Bashman



"U.S. court reverses Cubans' spying convictions": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

The Eleventh Circuit's per curiam opinion concludes with the following paragraph:

The court is aware that, for many of the same reasons discussed above, the reversal of these convictions will be unpopular and even offensive to many citizens. However, the court is equally mindful that those same citizens cherish and support the freedoms they enjoy in this country that are unavailable to residents of Cuba. One of our most sacred freedoms is the right to be tried fairly in a noncoercive atmosphere. The court is cognizant that its judgment today will be received by those citizens with grave disappointment, but is equally confident of our shared commitment to scrupulously protect our freedoms. The Cuban-American community is a bastion of the traditional values that make America great. Included in those values are the rights of the accused criminal that insure a fair trial. Thus, in the final analysis, we trust that any disappointment with our judgment in this case will be tempered and balanced by the recognition that we are a nation of laws in which every defendant, no matter how unpopular, must be treated fairly. Our Constitution requires no less.
In other coverage, The Miami Herald provides a news update headlined "Convictions of 5 Cuban spies overturned by appellate court; new trial ordered." And The Associated Press reports that "Cuban Agents to Get New Trial."
Posted at 02:14 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: By means of an order issued today in the case captioned Friendly House v. Napolitano, the Ninth Circuit dismisses for lack of any case or controversy a lawsuit brought to challenge Proposition 200, an initiative adopted in November 2004 by Arizona voters and designed to deter illegal aliens from collecting welfare benefits.

And by means of a separate ruling, the Ninth Circuit today issued its decision in Yellow Cab v. Yellow Cab. As had been widely anticipated, the opinion footnotes both Joni Mitchell and Chuck Berry.
Posted at 01:20 PM by Howard Bashman




"Ruling expected in long-running Disney lawsuit": Reuters provides this report.
Posted at 12:30 PM by Howard Bashman



"NBC Drops 'The Law Firm' Reality Series": This article appears today in The Los Angeles Times.
Posted at 12:27 PM by Howard Bashman



"7th Circuit gives new life to anti-gay protester's lawsuit": Douglas Lee has this analysis online at the First Amendment Center. My earlier coverage of this ruling can be accessed here.
Posted at 12:00 PM by Howard Bashman



"Is a 'Domestic Partnership' the Same as a 'Marriage'? No, but the California Supreme Court Says A 'Domestic Partner' is the Same as a 'Spouse.'" FindLaw commentator Joanna Grossman has this essay today.
Posted at 11:42 AM by Howard Bashman



Wal-Mart's appellate brief criticized as too harsh toward federal district judge: Earlier this morning, I linked here to news coverage of yesterday's oral argument in the U.S. Court of Appeals for the Ninth Circuit in Dukes v. Wal-Mart Stores.

One aspect of the press coverage is worthy of additional discussion. In The New York Sun, Josh Gerstein reports:

Judge Pregerson, 81, also took the highly unusual step of publicly dressing down Mr. Boutrous over the tone of the company's brief. "It has language in there that's a little arrogant, that's a little offensive towards the district judge, talking about the judge being prolix and wordy and long-winded, trampling on Wal-Mart's due process rights," Judge Pregerson said. "Do you regard this as an effective way to present written advocacy?"

"That was our hope," Mr. Boutrous replied.

"You slam the district judge," Judge Pregerson insisted.

"We didn't mean any disrespect," explained Mr. Boutrous, a partner with a Los Angeles–based firm, Gibson, Dunn & Crutcher. "You can be courteous when you say those things. This is like someone fighting in the streets or alley," Judge Pregerson said, adding that he believed Wal-Mart owed Judge Jenkins an apology.

In its article, The Contra Costa Times reports:
The three-judge panel of the 9th U.S. Circuit Court of Appeals scrutinized the arguments on both sides, repeatedly interrupting each attorney. Judge Harry Pregerson, however, directed particularly pointed comments toward Boutrous, critiquing the tone of the written appeal of Jenkins' ruling.

"It has language in there that's a little arrogant, it's a little offensive, about the district judge, about his being ... long-winded and trampling on due process rights," he said. "I think you better apologize to him sometime. ... You work for a major law firm, I'm really surprised that you haven't learned that lesson."

Boutrous said they "meant no disrespect," and insisted the company merely feels "very strongly" that its due process rights are being violated.

And in its article, The Los Angeles Times reports:
Two of three judges on a federal appeals panel grilled the retail behemoth's attorney, bringing up facts harmful to the company's defense and faulting him for using "arrogant" language in criticizing the trial court judge.
The Ninth Circuit has made the audio of yesterday's oral argument available online at this link (Windows Media).
Posted at 11:35 AM by Howard Bashman



D.C. Circuit reinstates lawsuit presenting First Amendment challenge to U.S. Postal Service regulation banning "soliciting signatures on petitions, polls, or surveys" on "all real property under the charge and control of the Postal Service": You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:10 AM by Howard Bashman



"N.C. Suit Filed Over Judge Vote Financing": The Associated Press provides this report.
Posted at 09:55 AM by Howard Bashman



"Wal-Mart fights to split sex bias suit; Class action status inhibits fair defense, retailing giant claims": Bob Egelko has this article today in The San Francisco Chronicle.

The Los Angeles Times reports today that "Wal-Mart Faces Tough Questioning by Judges; A federal appeals panel points out weaknesses in the retailer's defense in a sex discrimination suit."

In The New York Sun, Josh Gerstein reports that "Court Gives Wal-Mart a Chilly Reception in Sex Bias Case."

The Contra Costa Times reports that "Wal-Mart case awaits judgment."

And today's broadcast of NPR's "Morning Edition" contained a segment entitled "Wal-Mart Moves to Block Sex-Discrimination Case."
Posted at 09:44 AM by Howard Bashman




"Ad Campaign Says Roberts Backed Violent Protesters; Judge's Allies Defend His Work on Abortion Case": The Washington Post contains this article today.

Today in The Los Angeles Times, Maura Reynolds and David G. Savage report that "Ad Attacks Roberts' Role in Clinic Case; A leading abortion rights group issues a TV spot on the high court nominee's support of protesters who sought to block access to facilities."

USA Today reports that "Ad says Roberts tied to clinic violence; Supporters of nominee accuse NARAL of 'outrageous' distortion."

Tom Curry, national affairs writer for MSNBC, reports that "Abortion rights group presses Republican centrists on Roberts; NARAL mounts ad campaign in Maine and Rhode Island."

The Baltimore Sun reports today that "One sentence in Constitution could be key to Roberts' role; Some see in his writings peril to basic protections."

The Pittsburgh Post-Gazette reports that "Specter to press Roberts on interstate commerce cases; Senator asks for nominee's opinion."

And The Chicago Sun-Times reports that "Gonzales pleads Bush's case to nation's lawyers."

In commentary, The San Francisco Chronicle contains an editorial entitled "Courting secrecy above reason."

The Rutland Herald contains an editorial entitled "A gentleman's approach."

Investor's Business Daily contains an editorial entitled "A Justice From The Real World."

The Delaware County Times contains an editorial entitled "Roberts' adoption records should be off limits."

In The Washington Post, columnist Richard Cohen has an op-ed entitled "The Real Roberts?" that begins, "John G. Roberts Jr. is out of the closet."

In The Baltimore Sun, Stephen G. Peroutka has an op-ed entitled "Roberts' words give abortion foes reason to be wary."

In The Boston Globe, Christopher D. Morris has an op-ed entitled "Stopping a judicial conflict of interest."

In The Biloxi Sun Herald, Douglas Newcombe has an op-ed entitled "The John Roberts I remember."

In The Philadelphia Daily News, Debbie Woodell has an op-ed entitled "Holding out hope for Roberts."

Sunday in The Chicago Tribune, Frank James had an essay entitled "Majority rule: For Bush, there's no room for high court quotas."

And at National Review Online, Rich Lowry has an essay entitled "Out of Nothing at All: The myth of a right to privacy."
Posted at 08:33 AM by Howard Bashman




"White House Backs New Abortion Curb; Brief Filed in N.H. Notification Case": This article appears today in The Washington Post.

And The Nashua Telegraph reports today that "N.H.'s abortion law gets support."

Update: Via "SCOTUSblog," you can access the federal government's amicus brief at this link.
Posted at 08:30 AM by Howard Bashman



Monday, August 08, 2005


"Wal-Mart asks appeals court to block suit": Reuters provides this report.

And David Kravets of The Associated Press reports that "Wal-Mart Asks Court to Dismiss Bias Case."

The U.S. Court of Appeals for the Ninth Circuit has posted online a link to the audio (Windows Media) of today's oral argument.
Posted at 11:30 PM by Howard Bashman




"Panel Chairman to Press Roberts on Cases": This article will appear Tuesday in The New York Times.

Tuesday's issue of The Minneapolis Star Tribune will contain an editorial entitled "Senate needs to have Roberts' papers."

And at National Review Online, Peter Kirsanow has an essay entitled "Let's Go to the Videotape: Roberts on rights."
Posted at 11:15 PM by Howard Bashman




"Roberts' Road: John Roberts should speak candidly at his confirmation hearing -- for his own sake as much as the Senate's." Deborah Pearlstein has this essay online at The American Prospect.
Posted at 09:54 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Senator Complains to Nominee About Court."

And in other news, "High Court Asked to Take Guantanamo Case" and "White House Sides With N.H. on Abortion."
Posted at 07:45 PM by Howard Bashman




"How John Roberts could change your life: On the Supreme Court docket this fall are cases involving assisted suicide, police searches and military recruiting on college campuses." Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 05:14 PM by Howard Bashman



"Senate's Reid asks rethink on Roberts documents": Reuters provides this report.
Posted at 05:08 PM by Howard Bashman



Even the Republican chairman of the Senate Judiciary Committee can't resist sending along some advance written questions for U.S. Supreme Court nominee John G. Roberts, Jr.: U.S. Senator Arlen Specter (R-PA) sent this letter to the nominee today.
Posted at 04:40 PM by Howard Bashman



"Blawg Review #18": Sporting a baseball theme, no less, is here at "The Common Scold."
Posted at 04:38 PM by Howard Bashman



"The Cost of Secrecy: A citizen pursues meaningful monetary punishment for King County's failure to disclose public records." This article appears in the current issue of Seattle Weekly.
Posted at 03:20 PM by Howard Bashman



"Politics with Ron Elving: Roberts' Gay Rights Work." This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:05 PM by Howard Bashman



"NARAL Pro-Choice America Unveils Television Ad Focusing on John Roberts Record of Siding with Violent Anti-Choice Fringe Groups; First National Ad Opposing Roberts": NARAL Pro-Choice America has today issued this press release, which offers links for viewing the ad online. At National Review Online's "Bench Memos" blog, Edward Whelan offers this reaction to the ad.
Posted at 02:38 PM by Howard Bashman



"Savvy navigator of D.C. now Roberts' chaperone; Veteran of politics, TV steers nominee through confirmation minefield": This article appears today in The Sacramento Bee.
Posted at 12:35 PM by Howard Bashman



"Aloha, Apartheid: A court strikes down a race-based policy in Hawaii, while Congress considers enshrining one." John Fund has this essay online today at OpinionJournal.
Posted at 12:30 PM by Howard Bashman



"Florida Moves to Close Window for DNA Appeals": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:25 PM by Howard Bashman



"Postage error kills Wal-Mart appeal": This past Saturday's edition of The Mail Tribune of Medford, Oregon contained this article.
Posted at 12:20 PM by Howard Bashman



"The ABA Is 'Not Qualified' To Rate John Roberts": Joseph C. Smith Jr. has this op-ed (pass-through link) today in The Wall Street Journal.
Posted at 11:04 AM by Howard Bashman



"Wal-Mart To Seek End to Lawsuit On Sex Bias": Josh Gerstein has this article today in The New York Sun.

On Saturday, The Washington Post reported that "Wal-Mart to Appeal Status Of Class-Action Bias Suit."

And yesterday, The Contra Costa Times reported that "Wal-Mart law suit may set precedent."
Posted at 06:44 AM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "O'Connor to Lead National Civics Lesson."

And in other news, "Thousands Protest Ruling on Hawaii Schools."
Posted at 06:40 AM by Howard Bashman




"Lawyers: Appoint appeals judges." The Mobile Register today contains an article that begins, "Alabama Bar Association officials will soon begin lobbying the Legislature for a constitutional amendment to have appellate judges appointed rather than elected."
Posted at 06:35 AM by Howard Bashman



"Justices Often Are Not Politically Predictable, Nominee Has Said": This article appears today in The Washington Post.

The Fairbanks Daily News-Miner yesterday contained an editorial entitled "Bush's court choice."

The Contra Costa Times today contains an editorial entitled "Roberts doing his job."

In The Newark (N.J.) Star-Ledger, columnist John Farmer has an essay entitled "Ignore religion when judging Roberts' fitness."

In The Washington Times, Elaine Donnelly has an op-ed entitled "Courts, Congress and the military."

In The News Journal of Wilmington, Delaware, Bill Lee has an op-ed entitled "Roberts deserves fair hearing himself."

And in The Philadelphia Daily News, Christine M. Flowers has an op-ed entitled "No Catholics need apply."
Posted at 06:33 AM by Howard Bashman



Sunday, August 07, 2005


"The Kelo calamity": Paul Craig Roberts has this op-ed today in The Washington Times.
Posted at 11:34 PM by Howard Bashman



"Was innocent man executed? Prosecutor calls for unprecedented investigation in death penalty case." Cragg Hines has this op-ed today in The Houston Chronicle.
Posted at 11:33 PM by Howard Bashman



"John Roberts Talks to Georgetown Univ. Law Students": Yesterday's broadcast of C-SPAN's "America & the Courts" consisted of a program described as follows:
Supreme Court nominee Judge John Roberts speaks at the Georgetown University Law Center in 1997. He talks to students about how the Supreme Court works and how cases are decided. Roberts was an attorney with the Washington-based Hogan and Hartson law firm at the time of this event and is currently Pres. Bush's nominee for the Supreme Court.
You can view the broadcast online, on-demand by clicking here (RealPlayer required).
Posted at 11:28 PM by Howard Bashman



"Roberts's View About Privacy Is Still Unclear": Adam Liptak will have this article Monday in The New York Times.

In Monday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Judge Roberts's Rules of Law and Order; While Deputy Solicitor General, the Nominee Saw State Criminal Prosecutions as Priority" (free access). The newspaper has also posted online a commentary from John G. Roberts, Jr. published on May 5, 1993 under the heading "Rule of Law: The New Solicitor General And the Power of the Amicus."

Monday's edition of The Washington Post will report that "Conservatives Remain Steady in Support of Roberts; Work on Gay Rights Case Fails To Change Stance on Nomination."

The Washington Times reports today that "Both sides withholding fire on Roberts."

And The San Antonio Express-News reports today that "Roberts eyed by Hispanic group."

In commentary, The New York Times today contains an editorial entitled "Judge Roberts's Paper Trail."

The Washington Post today contains an essay by Law Professor David Franklin entitled "Where John Roberts Really Stands." And Robert F. Bauer has an essay entitled "A Court Too Supreme For Our Good."

In The Denver Post, columnist Diane Carman has an op-ed entitled "Evangelicals see Roberts' halo go awry."

And in The Day of New London, Connecticut, Steven Hill has an op-ed entitled "Why Appoint Judges For Life?"
Posted at 10:55 PM by Howard Bashman




In Monday's issue of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "Canada inches toward private medicine; The court granted a year's reprieve Thursday on its decision striking down a ban on private insurance" and "Case of the purloined Bill of Rights is solved - after 140 years."
Posted at 05:38 PM by Howard Bashman



Milwaukee Brewers 2; Philadelphia Phillies 0: A good pitching performance from the Phillies was not enough to overcome a great pitching performance from the Brewers. At least the rain kept away during the game. Wraps and box score are here.
Posted at 05:30 PM by Howard Bashman



"Faithful interpretations: Is there a Catholic way to read the Constitution?" Drake Bennett has this Ideas essay today in The Boston Globe.
Posted at 10:14 AM by Howard Bashman



"It's time to deal with reality: The myth of the unpredictable Supreme Court justice debunked." Law Professor David A. Strauss has this op-ed today in The Chicago Tribune.
Posted at 10:11 AM by Howard Bashman



"Seeking the 'Real' Roberts: Why past trials make the high-court nominee hard to predict." This article will appear in the August 15, 2005 issue of Newsweek.
Posted at 10:10 AM by Howard Bashman



"Portrait of Nominee as a Young Lawyer: Civil rights groups question some of John Roberts' work under Reagan, such as memos opposing Voting Rights Act amendments." David G. Savage and Richard B. Schmitt have this article today in The Los Angeles Times.

And in The Boston Globe, Charlie Savage reports today that "Roberts vote seen as critical in racial issues; Earlier writings opposed affirmative action plans."
Posted at 09:14 AM by Howard Bashman




"Judge warns about stirring fanatics; Identifying threats to bench should be high priority, he says": The Chicago Tribune today contains an article that begins, "A veteran federal judge in Chicago warned Friday that political attacks on the nation's judiciary are fueling fanatics with personal grudges against judges."
Posted at 09:12 AM by Howard Bashman



"O'Connor exit 'wrenching,' Stevens tells lawyers": This article appears today in The Chicago Sun-Times.

And Gina Holland of The Associated Press reports that "Justice Stevens Criticizes Death Penalty."
Posted at 09:10 AM by Howard Bashman



Saturday, August 06, 2005


"Gangland killer on death row gets award from Bush": The Independent (UK) today contains an article that begins, "President George Bush may have presided over a record number of executions during his six years as governor of Texas, but that has not stopped him sending a citation to a murderer on California's death row, lauding him for displaying 'the outstanding character of America.'"

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "2nd look at Bush service award; White House panel unaware honoree was on Death Row."
Posted at 09:55 PM by Howard Bashman




"Death-row inmate isn't retarded, a jury rules": The Richmond Times-Dispatch today contains an article that begins, "A jury rejected a death-row inmate's claim of mental retardation yesterday, clearing the way for his execution despite a landmark ruling on his case by the U.S. Supreme Court."

And The Daily Press of Hampton Roads, Virginia reports that "Jury says Atkins isn't retarded; The convicted murderer on death row showed no emotion as the verdict was read; His execution date is set for Dec. 2."
Posted at 09:50 PM by Howard Bashman




"Roberts Helped Pitch Reagan Initiatives; Court Nominee Gave Public Relations Advice": Charles Lane will have this article Sunday in The Washington Post.

And the newspaper will also contain an article headlined "And the Nominee Is: a) All Right b) Not Quite; The Supreme Court Succession Campaign Turns Shockingly Sedate."
Posted at 08:58 PM by Howard Bashman




"Is There Room for a Gentleman in a Debate on Judge Roberts?" This article will appear Sunday in The New York Times.

And the Week in Review section of tomorrow's newspaper will contain an article headlined "Catholics and the Court."
Posted at 08:54 PM by Howard Bashman




"Prosecutors ask court to deny Capano's death penalty appeal": The News Journal of Wilmington, Delaware contains this article today.
Posted at 02:35 PM by Howard Bashman



"Top Jurists Pan Faster Death Penalty Appeals; Chief justices from all over the U.S., with the exception of Texas, call for the Senate not to pass a bill that would streamline the process": This article appears today in The Los Angeles Times.
Posted at 02:33 PM by Howard Bashman



"Logging Plan in Alaska Forest Overturned on Appeal; Judges criticize federal assessments of demand for Tongass timber and the impact on wildlife": The Los Angeles Times contains this article today.

The Anchorage Daily News today contains an article headlined "Court: Tongass log plan flawed; The Forest Service erred in what the market could bear."

And yesterday evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Appeals Court Blocks U.S. Plan to Log Alaska Park" (RealPlayer required).
Posted at 02:30 PM by Howard Bashman




"Democrats Rebuffed on Case Files; The Justice Department refuses Senate requests for details of work done by high court nominee John G. Roberts Jr. for the solicitor general": This article appears today in The Los Angeles Times.

The Washington Post contains an article headlined "A Clash Over Roberts Papers; Justice Department Balks at Senate Democrats' Demands."

The New York Times reports that "G.O.P. Chief Says Democrats Play Politics on Court Nominee."

The Washington Times contains articles headlined "Right downplays Roberts' gay aid" and "RNC chairman urges comity on Roberts."

The Pittsburgh Tribune-Review reports that "GOP chairman urges swift vote on Roberts."

Newsday reports that "Snippets paint Roberts as moderate."

In The San Francisco Chronicle, Bob Egelko reports that "S.F. judge feels 'sullied' by Roberts media battle."

The Chicago Tribune reports that "Nominee Roberts faces trial by blog; Forums increasingly shape, break news."

And The Arkansas Democrat-Gazette reports that "Groups looking to Lincoln, Pryor on Roberts; Conservatives see Arkansas' senators as pivotal in vote on high court nominee."
Posted at 09:12 AM by Howard Bashman



Friday, August 05, 2005


"Va. Killer Isn't Retarded, Jury Says; Execution Set": Saturday's edition of The Washington Post will contain this front page article.
Posted at 10:54 PM by Howard Bashman



"Officials Deny a Request for Roberts Documents": This article will appear Saturday in The New York Times.
Posted at 10:50 PM by Howard Bashman



"ADA Case Could Be Key Test for Roberts": Tony Mauro has this article online at law.com.
Posted at 10:40 PM by Howard Bashman



"Ivory Powers: Let's stop bashing 'out-of-touch' judges." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:14 PM by Howard Bashman



"Strip club stirs outrage with less-than-subtle sign; What's obscene and what isn't? Frankly worded billboard infuriates merchants along Century Boulevard near LAX, but the owner says he's merely promoting his business." This article appears today in The Daily Breeze of Torrance, California.
Posted at 08:50 PM by Howard Bashman



"Bush Administration Stonewalls Senate: Won't Release John Roberts Records." People For the American Way issued this press release today.

And Planned Parenthood Federation of America, Inc. today issued a press release entitled "Attorney General Refusal to Provide Roberts Documents Impedes Nomination Process; Planned Parenthood Voices Outrage, Growing Alarm at Attempts to Hide Record."
Posted at 08:40 PM by Howard Bashman




Racial Justice: Why John Roberts's memos are a political liability. Noam Scheiber has this TRB essay in the August 15, 2005 issue of The New Republic.
Posted at 08:38 PM by Howard Bashman



"Dear Judge Roberts: Congratulations on your nomination to the U.S. Supreme Court." So begins an open letter from U.S. District Judge Marilyn Hall Patel published in this week's issue of The National Law Journal.
Posted at 08:30 PM by Howard Bashman



"Court bars logging plan in largest U.S. forest": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 06:00 PM by Howard Bashman



"Billboard law survives second challenge; Adult businesses suffer setback": Wednesday's edition of The Kansas City Star contained this article.
Posted at 05:45 PM by Howard Bashman



"Sex toy sale ban on familiar turf in federal court; Attorneys point to Texas case in effort to strike state law": This article appeared yesterday in The Huntsville Times.
Posted at 05:40 PM by Howard Bashman



"Five Big Issues: Sure, Roberts might not be as bad as you fear; But there are reasons to worry." Law Professor Kermit Roosevelt has this essay online at The American Prospect.
Posted at 05:33 PM by Howard Bashman



"Florida State to Challenge Ban on Mascots": The Associated Press provides this report.
Posted at 05:11 PM by Howard Bashman



"Verdict: Atkins not mentally retarded." The Daily Press of Hampton Roads, Virginia provides a news update that begins, "A jury concluded today that death-row inmate Daryl Atkins, whose case led to a landmark U.S. Supreme Court decision barring executions of the mentally retarded, is not retarded. The judge set an execution date of Dec. 2. The defense says it will appeal."

And The Associated Press offers an article headlined "Jurors: Death Row Inmate Not Retarded."
Posted at 05:10 PM by Howard Bashman




"Jury waivers in contracts ruled not binding": Today in The San Francisco Chronicle, Bob Egelko has an article reporting on a ruling that the Supreme Court of California issued yesterday.
Posted at 04:20 PM by Howard Bashman



"Enigma of Roberts Also Bedevils the Right": FOXNews.com provides this report.

The Washington Times today contains articles headlined "GOP to make push for Roberts" and "Rehnquist fever stirs up speculation about retirement."

The Rocky Mountain News today contains an article headlined "Roberts helped foes of gay law; Nominee advised Dubofsky on appeal of Amendment 2" and an op-ed by Mike Rosen entitled "'Ginsburg Rule' in play."

And in The Oakland Tribune, Josh Richman reports that "Roberts' gay-rights work is cheered; Bay Area civil rights leaders laud nominee for pro bono efforts but still want more information."

Finally for now, in commentary, The Birmingham News contains an editorial entitled "Judge Roberts points the way."
Posted at 04:18 PM by Howard Bashman




"College money of Roberts' son in Utah": The Salt Lake Tribune today contains an article that begins, "Young Jack Roberts got national attention for busting a move while President Bush announced his father's nomination to the Supreme Court. But if Jack fails to land a performing arts scholarship, he has a healthy education fund invested in Utah."
Posted at 04:00 PM by Howard Bashman



"Closet liberals": Patti Waldmeir has this interesting U.S. Supreme Court-related essay today online at Financial Times.
Posted at 03:25 PM by Howard Bashman



"Rehnquist hospital visit fuels renewed speculation": The Associated Press provides this report.
Posted at 03:20 PM by Howard Bashman



"Top court stays ruling on private health care": The Toronto Globe and Mail today contains an article that begins, "The Supreme Court of Canada has granted a one-year stay in its ruling clearing the way for private health insurance in Quebec, but experts expect the movement toward two-tier health care in Canada to continue."
Posted at 03:15 PM by Howard Bashman



"Advice and Consent: The Politics of Judicial Appointments," by Lee Epstein and Jeffrey A. Segal. An "advance reading copy" of this new book published by Oxford University Press, and due to be available for sale to the public next month, arrived in today's mail.
Posted at 02:05 PM by Howard Bashman



Owner of invalidated patent probably won't find today's ruling of the U.S. Court of Appeals for the Federal Circuit aesthetically pleasing: Especially since the ruling affirms a district court's decision finding the patent invalid because the patent's use of the term "aesthetically pleasing" was too indefinite to be enforced.
Posted at 01:54 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Mehlman Seeks Swift Roberts Confirmation" and "NCAA Bans Indian Mascots From Postseason."
Posted at 01:45 PM by Howard Bashman



"Money, Judicial Elections, And The First Amendment": That's the title of my monthly appellate column that will appear on Monday in The Legal Intelligencer. The column focuses on the Eighth Circuit's en banc decision earlier this week striking down Minnesota's prohibition on the direct solicitation of funds by candidates for elective judicial office.
Posted at 12:32 PM by Howard Bashman



"Quarreling About Quotas: The Left's attack on Roberts's civil-rights record." Edward Whelan has this essay today at National Review Online.
Posted at 10:14 AM by Howard Bashman



U.S. Court of Appeals for the D.C. Circuit rules that Osama bin Laden and al Qaeda are subject to being sued in the United States by victims, relatives of victims, and businesses harmed when a devastating truck bomb exploded outside the American embassy in Nairobi, Kenya in 1998: You can access today's ruling at this link.
Posted at 10:09 AM by Howard Bashman



In news from Australia: NEWS.com.au reports that "Sleeping judge retires from bench." And The Associated Press reports that "Judge Accused of Dozing at Trials Retires."
Posted at 10:05 AM by Howard Bashman



"A circuit court of our own": Today in The Seattle Post-Intelligencer, Ninth Circuit Judge Richard C. Tallman has an op-ed that begins, "For at least 30 years there has been talk of splitting the gargantuan 9th Circuit Court of Appeals, the nation's largest federal appellate court." (Via "Objective Justice.")
Posted at 10:00 AM by Howard Bashman



"Reagan Library Draws Crowd to Peruse Roberts' Papers": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:10 AM by Howard Bashman



"Roberts' Past Involves Polarizing Cases": Gina Holland of The Associated Press provides this report.
Posted at 08:58 AM by Howard Bashman



"In Private Practice, Roberts's Record Is Mixed; Some Cases Run Counter to Conservative Image, but Activists on the Right Say His Past Is Irrelevant": This article appears today in The Washington Post.
Posted at 08:55 AM by Howard Bashman



"Mixed Signals: Roberts Took Liberal Portion of Red Meat." The blog "ScrappleFace" this morning provides a report that begins, "In a revelation which further confused advocates on the right and left, a new Freedom of Information Act release shows that Supreme Court nominee Judge John Roberts once took liberal portions of red meat at a non-partisan fundraising event."
Posted at 08:50 AM by Howard Bashman



"Measuring the Blogosphere": The New York Times contains this editorial today.
Posted at 08:40 AM by Howard Bashman



"Indians Continue Wait for Accounts' Resolution; Nine-Year-Old Lawsuit Against Interior Department on Trust Funds Appears Far From Settlement": This article appears today in The Washington Post.
Posted at 08:38 AM by Howard Bashman



"Judge Roberts's Memos": The Washington Post today contains an editorial that begins, "The request by Democratic senators to see memos written by Supreme Court nominee John G. Roberts Jr. during his service in the solicitor general's office requires a difficult balancing of legitimate interests: the executive branch's need for confidentiality against a full and informed Senate confirmation proceeding."
Posted at 08:37 AM by Howard Bashman



Commentary available online from FindLaw: Edward Lazarus has an essay entitled "John Roberts as the Anti-Robert Bork: How Roberts's Nomination, and Conservatives' Senate Hearings Strategies, Reflect Lessons Learned from the Bork Debacle."

And Law Professor Douglas W. Kmiec has an essay entitled "Whether or Not Congress Acts, The Supreme Court Should Rehear and Remand Kelo, Its Controversial Recent Ruling Allowing The Taking of Private Homes for Private Development."
Posted at 08:32 AM by Howard Bashman




"Women's Groups Try To Rally for Court Fight; Their Influence Diminished, Abortion-Rights Advocates Scramble Against Bush Nominee": This article (free access) appears today in The Wall Street Journal.

And in The New York Sun, Josh Gerstein reports today that "Roberts Helped Block Colorado's Anti-Gay Measure."
Posted at 08:25 AM by Howard Bashman



Thursday, August 04, 2005


In Friday's issue of The Los Angeles Times: David G. Savage will have an article headlined "Roberts' Solicitor General Record Gives Clues to Views."

And Maura Reynolds will report that "Partisans Are Unsure About Roberts' Work on Gays' Case."
Posted at 11:55 PM by Howard Bashman




"'Hurry Up And Wait' Marks Battle Over Roberts": Reporting from Washington, DC, Lawrence Hurley has this interesting article today in The Daily Journal of California.
Posted at 11:25 PM by Howard Bashman



In Friday's edition of The Washington Post: An article will report that "Rehnquist Has Brief Hospital Stay."

And in other news, "The Heat? Suits Them; While Some of Us Just Pant, These Guys Wear Them -- With a Jacket and Tie, Yet."
Posted at 11:18 PM by Howard Bashman




"Court Nominee Advised Group on Gay Rights": This article will appear Friday in The New York Times.
Posted at 11:16 PM by Howard Bashman



Available online from law.com: Marcia Coyle has an article headlined "The High Court's Changing Landscape."

And in other news, "2nd Circuit Asks Guidance on State Fee Standard."
Posted at 11:15 PM by Howard Bashman




"Reporters Adam Liptak, Anne Marie Squeo on the Plame Case": This segment (RealPlayer required) appeared on Tuesday's broadcast of the public radio program "Fresh Air from WHYY."
Posted at 10:24 PM by Howard Bashman



"Rehnquist Treated for Fever": Dr. Lawrence K. Altman will have this article Friday in The New York Times.

Reuters reports that "U.S. Chief Justice Rehnquist treated at hospital."

And Bloomberg News reports that "Chief Justice Rehnquist Treated for Fever at Hospital, Released."
Posted at 10:15 PM by Howard Bashman




"Roberts the lawyer questioned lifetime appointments to high court": The Associated Press provides this report.
Posted at 10:11 PM by Howard Bashman



"I respectfully conclude that today the majority announces a dangerous precedent." Second Circuit Judge Rosemary S. Pooler today issued a dissenting opinion that begins:
I respectfully conclude that today the majority announces a dangerous precedent. According to the majority, if an individual subscribes to an Internet E-group and that E-group is determined to have an illegal purpose, the government has probable cause to obtain a warrant to search the subscriber's home. This is the case even when (1) an individual's e-mail address remains on the E-group subscriber list only for fourteen days and (2) there is no particularized evidence indicating that the individual visited the E-group subsequent to subscription or participated in the E-group's functions in any way.
You can access the complete ruling at this link.
Posted at 08:54 PM by Howard Bashman



The Associated Press is reporting: Gina Holland has an updated report headlined "Chief Justice Briefly Hospitalized."

In other news, "Roberts Puts Harvard Law on Hot Streak."

An article reports that "N.C. Wins Back 1789 Copy of Bill of Rights."

And in news from Panama City, Florida, an article headlined "Man Gets Death for Killing Wife After Sex" begins, "A man who got angry with his wife because she wanted to cuddle after sex when what he really wanted to do was watch sports on television was sentenced to death for killing her with a claw hammer."
Posted at 08:40 PM by Howard Bashman




"Documents indicate Roberts isn't always predictably conservative": Ron Hutcheson of Knight Ridder Newspapers has an article that begins:
As a legal adviser to President Reagan, Supreme Court nominee John G. Roberts Jr. joined a scathing denunciation of abortion-clinic bombers and urged Reagan to stay out of an effort to post tributes to God in Kentucky schools.

Roberts' advice, in documents Knight Ridder obtained before their public release later this month, might help him counter critics who portray him as a doctrinaire conservative.

You can access the complete article at this link.
Posted at 08:33 PM by Howard Bashman



"Chief Justice Returns to Hospital": Gina Holland of The Associated Press provides this report, and more recently The AP has issued a news alert stating that "Chief Justice William H. Rehnquist has been released from the hospital."
Posted at 08:10 PM by Howard Bashman



A day early and a dollar short: Today a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in an opinion by Circuit Judge Richard A. Posner, has held that a class action filed in state court the day before the Class Action Fairness Act of 2005 became law cannot be removed to federal court in reliance on that new law's aggregate amount-in-controversy provision.
Posted at 07:45 PM by Howard Bashman



"Roberts' Pro Bono Work Raises Eyebrows": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:00 PM by Howard Bashman



Entirely anonymous no more: The winner of the "Most dumb-ass question for Judge Roberts" contest has, after achieving that distinction, revealed that he is the author of the blog "Unused and Probably Unusable." His celebratory post can be found here. And the contest's runner-up seems happy too.
Posted at 05:35 PM by Howard Bashman



Philadelphia Phillies 6; Chicago Cubs 4: Outside temperature on my drive back to the office, 100. Wraps and box score can be accessed here.
Posted at 05:15 PM by Howard Bashman



Programming note: I'll be spending this afternoon out in the oppressive heat to watch what should be an impressive pitching match-up. More later.
Posted at 11:10 AM by Howard Bashman



"Court again rejects bid to let Puerto Ricans vote for president": The Associated Press provides this report.
Posted at 11:05 AM by Howard Bashman



We have a winner, and more: Back on Friday, July 29, 2005, I published the following post:
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.

Let me begin by thanking all the many readers who participated in this contest -- even those who submitted entry after entry after entry, and even those who long after the deadline for submission of entries passed earlier this week continued to send in what clearly was the most popular entry ("Boxers or briefs?") as though they had been the first to think of it.

The winning entry, submitted by a reader from Philadelphia who chooses to remain anonymous, arrived just one hour and forty-five minutes after I launched the contest:

I can't imagine that you haven't already (you posted at 7:45 a.m.) received the following questions, so they're not entries:

Boxers/Briefs? Paper/plastic? What's your favorite color: red or blue? Tastes great/less filling? Original intent/words of the text? FedSoc or ACS? Man-on-man or zone? Man-on-man or foundation of Western civilization? Non-precedential or citable? Split the 9th or split the tab? Tab or RC? RC or wire-controlled? First class or coach? Smoking or non? Catholic or Protestant? Catholic or conformist? Catholic or parochial (yes, they're opposites)?

My real favorite kind of dumb-ass question would hit all of the basic no-nos.

It would also draw on your special, perhaps unique method of counting, as evinced in your "20 Questions" posts.

Here is my entry:

Justice- Pardon me, Judge Robert, I mean Roberts:

If you were Chief Justice of the Supreme Court along with John Souter, Terrence Thomas, Anthony Scalia, Nino Kennedy, Ruth Day O'Ginsberg, John Paul Jones, William Brennan, and your former boss Bill Rehnquist, and a case involving abortion and capital punishment came before you on an appeal from a panel upon which you sat, and you believed you would be committing a mortal sin by hearing the case but not deciding it, and you'd gone duck-hunting with counsel for appellants but the Founders and the French would agree with the other side, would you recuse yourself if your wife had signed but not been involved with drafting of one of the amicus briefs?

First runner up goes to Cassandra of the "Villainous Company" blog for the following entry:
Regarding your extremist and highly controversial decisions in Rancho Viejo v. Norton and Hedgepeth v. WMATA, the American people have a right to know:

If an endangered pregnant Southwestern arroyo toad were arrested for eating a single French Fry on the DC Metro while en route to obtain an illegal third trimester abortion, would your Catholic beliefs force you to recuse yourself from the case? Furthermore, would the fetus qualify as a protected class under the 14th Amendment, or would you apply rational basis review as you did in Hedgepeth, thereby condemning the hapless toad to a lengthy stay in the DC detention center and depriving the mother of the right to control her reproductive destiny?

And honorable mentions go to each of the following entries--

From Mark Arnold: "Judge Roberts, in describing the arroyo toad as 'hapless,' are you not guilty of insensitive specie-ism?"

From Jeremy Berry: "International law, penumbras or public opinion, which would you use to protect the right of individual citizens to define their own existence in the universe?" and "Since you're replacing Justice O'Connor, could you please explain to the committee Justice O'Connor's judicial philosophy? Try to be brief."

From RDG: "Speaking of 'originalism,' do you prefer 'original' or 'extra crispy' at KFC?"

From Los Angeles attorney Melinda Eades LeMoine: "Judge Roberts, say a case comes before the court, let's call it, um ... Woe v. Rade ...."

From Chris Geidner: "Explain the plaid pants?"

From Brian Tomasovic: "Judge Roberts, I note that in your questionnaire responses to the judiciary committee you have been admitted to practice before the D.C. Circuit, the Second Circuit, the Third Circuit, the Fourth Circuit, the Fifth Circuit, the Sixth Circuit, the Seventh Circuit, the Eighth Circuit, the Ninth Circuit, the Tenth Circuit, the Eleventh Circuit, and the Federal Circuit Courts of Appeal. My question to you is...no First Circuit?"

From Mr. Sun (who has many more entries listed here): "If I sent out my Pikachu to battle your Jigglypuff, who would win?"

From Jim Cope of Western Kentucky University: "Judge Roberts, do you believe that seven votes are required to overturn Roe since seven justices voted for it when it was decided? Or can you overturn with five?"

And last but not least, from my former Third Circuit co-clerk Tim Mc Donald:

Entry No.1 - "Please justify your vote in joining the dissent in Roe v. Wade?"

Entry No. 2 - "When will your favorite chewing gum come back in style?"

Entry No. 3 - for Led Zeppelin fans - "Where's the confounded bridge?"

Entry No. 4 - "Besides Elvis Presley, what else might be found in the legislative interstice between the arising under clause of Section 1331 and the arising under clause of Article III?"

Entry No. 5 - "Do you think O.J. did it?"

Entry No. 6 - "Did you ever sit on a panel with Judge Wapner?"

Entry No. 7 - "In your view, which member of the Senate Judiciary Committee is the biggest dumb-ass?"

Again, thanks to everyone who entered this contest! Remember, you can submit questions for U.S. Supreme Court nominee John G. Roberts, Jr. directly to U.S. Senators via this link.
Posted at 11:00 AM by Howard Bashman



"Major to retire from Supreme Court": CBC News provides this report.

And The Toronto Globe and Mail today contains an article headlined "Top court judge Major to retire at Christmas."
Posted at 10:40 AM by Howard Bashman




"Hapless toads: Supreme Court nominee John Roberts' legal views could spell trouble for protection of the nation's rare animals and plants." This editorial appears today in The News & Observer of Raleigh, North Carolina.
Posted at 10:35 AM by Howard Bashman



Three-judge Sixth Circuit panel issues four opinions to decide a single appeal: I've previously noted instances where one judge on a three-judge panel has issued more than one opinion in a single case, but this is the first instance in recent memory where the number of opinions has exceeded the number of judges participating in a federal appellate court's decision.

Update: A reader emails to observe that apparently the D.C. Circuit's recent ruling in the Judith Miller-confidential sources appeal didn't make a big impression on me. It likewise featured a total of four opinions from three judges.
Posted at 10:15 AM by Howard Bashman




Available online from The American Prospect: Chris Mooney has an essay entitled "Labs Benched: A little-known ruling on expert testimony shows why sound reasoning is more important than politics when it comes to choosing Supreme Court justices."

And Asheesh Kapur Siddique has an essay entitled "Pressing the Press: Richard Posner is supposed to be a reputable judge; So what's he doing spouting right-wing talking points?"
Posted at 10:00 AM by Howard Bashman




"Kissing Sibs: Could the Supreme Court embrace incest?" Matthew J. Franck has this essay today at National Review Online.
Posted at 09:54 AM by Howard Bashman



In news from Mississippi: The Biloxi Sun Herald today contains an article headlined "Judge issues jury instructions; 4-hour litany bores some, thrills others" that begins, "A crowd materialized Wednesday for the final showdown between U.S. prosecutors and four men accused of judicial bribery." And a related article is headlined "A legal eye: Judicial performance, ethics could come into play regardless of verdict in judicial bribery trial."

In other coverage, The Clarion-Ledger reports today that "Cases could turn on verdict; Insurance firm could benefit in bribery case involving Diaz, Minor."
Posted at 07:28 AM by Howard Bashman




"Appeals court upholds voiding divorce decree": The Associated Press reports here that "In a case that outraged women's-rights groups and prompted a change in state law, an appeals court has sided with a Spokane judge who vacated a woman's divorce because she was pregnant."

You can access Tuesday's ruling of the Court of Appeals of the State of Washington at this link.
Posted at 07:24 AM by Howard Bashman




In today's issue of The New York Times: An article reports that "Civil Liberties Union Prepares Lawsuit Challenging Random Searches of Bags on Subways."

And in other news, "Congress Passes Bill Nullifying a State Law, and Making It Easier to Lease Cars in New York."
Posted at 07:10 AM by Howard Bashman




"Roberts Donated Help to Gay Rights Case; In 1996, activists won a landmark anti-bias ruling with the aid of the high court nominee": Richard A. Serrano has this article today in The Los Angeles Times. And Maura Reynolds reports that "Nominee Admits He Registered as Lobbyist."

Today in The New York Sun, Josh Gerstein has an article headlined "The Case of the Nazi Propagandist" that begins, "As a young but trusted legal lieutenant at the Justice Department in the early 1980s, Judge John Roberts Jr. was assigned some of the agency's most politically sensitive duties, including fielding the requests of conservative heavyweights who sought to exert influence in ongoing cases."

Newsday reports that "Roberts makes a correction" and "Abortion still supported; Despite decades of debate on subject, Pew poll shows majority of Americans endorse it, with restrictions."

The Washington Times reports that "Abortion backers fear 'hostile' Roberts."

The Richmond Times-Dispatch contains an article headlined "Allen to Roberts: 'Watch out for those ... blocks'; The talk includes football as Virginia senator meets and praises court nominee."

The Bozeman Daily Chronicle reports that "Supreme Court battle comes to Montana."

The Stanford Daily reports that "Law prof. weighs in on Supreme Court nominee."

And Bloomberg News reports that "Roberts Backed Plan to Restrict U.S. Sex Discrimination Law."

In commentary, The Charlotte Observer contains an editorial entitled "Unsettling the law: Of course U.S. Supreme Court can overturn precedents."

In The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "Who's the extremist on Roe vs. Wade?"

In The Fort Worth Star-Telegram, columnist Linda Campbell has an op-ed entitled "A mystery set in Washington."

In The Providence (R.I.) Journal, columnist M. Charles Bakst has an op-ed entitled "Judging Bush's nominee to high court."

In The Baltimore Sun, Michael Comiskey has an op-ed entitled "The case for grilling Roberts."

In The Seattle Times, Julia K. Stronks has an op-ed entitled "Of course judges shape and build our laws."

In The Philadelphia Inquirer, Dave Boyer has an op-ed entitled "Who's 'fit' for the high court?"

And FindLaw commentator Vikram David Amar has an essay entitled "It's the Specifics, Stupid.... A Commentary on The Kind of Substantive Questions the Senate Can and Should Pose to Supreme Court Nominees."
Posted at 06:44 AM by Howard Bashman



Wednesday, August 03, 2005


"N.Va. Jail's 'Unassuming' Celebrity; N.Y. Times Reporter Is Among Many Notables at Alexandria Facility": This article appears Thursday in The Washington Post.

And in news relating to the pending U.S. Supreme Court nomination, "They're Fishing on the Hill, but It's No Vacation."
Posted at 11:50 PM by Howard Bashman




"Roberts Worked on Behalf of Gay Activists": Thursday's issue of The Los Angeles Times will contain an article that begins, "Supreme Court nominee John G. Roberts Jr. worked behind the scenes for a coalition of gay-rights activists, and his legal expertise helped them convince the Supreme Court to issue a landmark 1996 ruling protecting people against discrimination because of their sexual orientation."
Posted at 11:42 PM by Howard Bashman



"Georgia High Court Chief Justice Leah Ward Sears": Yesterday's broadcast of NPR's "News & Notes with Ed Gordon" contained this interesting interview (RealPlayer required) with the new Chief Justice of Georgia.
Posted at 11:24 PM by Howard Bashman



"Former President Clinton Says Roberts Very Impressive": Bloomberg News provides this report.
Posted at 11:12 PM by Howard Bashman



"The Roberts Memos and the Future": Lyle Denniston of "SCOTUSblog" provides this commentary.
Posted at 11:02 PM by Howard Bashman



"Hawaiian-Only School Policy Struck Down": law.com provides this report.
Posted at 10:57 PM by Howard Bashman



"Roberts Helped to Shape 80's Civil Rights Debate": This article will appear Thursday in The New York Times.

And Thursday's issue of The Washington Post will report that "Democrats to Compare Roberts's Views Now, Then; Some Senators See Discrepancies in Roberts's Statements Now Vs. in Years Past."
Posted at 10:42 PM by Howard Bashman




"Senate Democrats Question Roberts' Pledge": Hope Yen of The Associated Press provides this report.
Posted at 08:57 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Court Rules Against Hawaii School Policy" and "Getting Emotional Over the High Court" (RealPlayer required).
Posted at 08:30 PM by Howard Bashman



"The Souter Factor: What makes tough conservative justices go soft?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:25 PM by Howard Bashman



Divided en banc U.S. Court of Appeals for the First Circuit rejects argument that U.S. citizens residing in Puerto Rico have a right to vote for President and Vice President of the United States under either the U.S. Constitution or U.S. treaty obligations: You can access today's ruling at this link.
Posted at 05:55 PM by Howard Bashman



"John Roberts and Institutional Reform Litigation": Law Professor Sam Bagenstos has this post at the Think Progress "Supreme Court Extra" blog.
Posted at 05:50 PM by Howard Bashman



In Thursday's issue of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "A judicial think tank - or a plot?" and "On Indian land, a twist on church vs. state; As US agencies and courts declare sites as holy ground, critics charge the government is establishing religion."
Posted at 05:44 PM by Howard Bashman



"Americans Want to Know: Will Judge John Roberts Uphold Protections for Women's Health and Safety? New Research Shows the Next Supreme Court Justice Must Support Privacy and Access to Reproductive Health Care." Planned Parenthood Federation of America, Inc. has issued this press release today.
Posted at 03:58 PM by Howard Bashman



"In this case we consider the applicability of the 'state secrets doctrine' to a Title VII racial discrimination claim brought against the Director of Central Intelligence and ten unnamed CIA employees by a CIA covert agent." So begins an opinion that the U.S. Court of Appeals for the Fourth Circuit issued today. The plaintiff appears to be covert no more, however, as the opinion identifies him by name.
Posted at 02:55 PM by Howard Bashman



"Abortion and Rights of Terror Suspects Top Court Issues; Strong Support for Stem Cell Research": The Pew Research Center for the People and the Press today issued this summary of findings of a poll that the organization conducted. Additional information can be accessed here, here, and here.

In news coverage, The Associated Press reports that "Poll Examines Supreme Court Priorities."
Posted at 02:33 PM by Howard Bashman




And the winner is? I plan to post online tomorrow morning the results of my recent "Most dumb-ass question for Judge Roberts" contest. That will give the nominee just over a month to have answers prepared for when he begins testifying before the Senate Judiciary Committee.
Posted at 12:33 PM by Howard Bashman



Pryor touts: The Birmingham News reports today that "Pryor touts Roberts for high court."

And The Mobile Register reports today that "Pryor touts reform of sentencing."
Posted at 12:15 PM by Howard Bashman




"Kamehameha will fight ruling; Its admission policy is 'unlawful race discrimination,' a federal court rules; The plaintiffs' attorneys say they will ensure the school obeys the order": This article appears today in The Honolulu Star-Bulletin, along with articles headlined:And The Honolulu Advertiser today contains articles headlined:Yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit can be accessed at this link.
Posted at 11:55 AM by Howard Bashman



"Court OKs Blocking of Unsolicited E-Mails": The Associated Press provides this report.
Posted at 11:25 AM by Howard Bashman



"Roberts Presents Measured Picture To Senate Panel": Jess Bravin and David Rogers have this article today in The Wall Street Journal.
Posted at 11:18 AM by Howard Bashman



"Phillip Johnson's Assault Upon Faith-Based Darwinism: A modern monkey trial isn't what Phillip Johnson expected when he wrote a critique of evolution that launched intelligent design -- or was it?" This lengthy article appears in the current issue of East Bay Express.

The New York Times today reports that "Bush Remarks Roil Debate on Teaching of Evolution."

The Washington Post today contains a front page article headlined "Bush Remarks On 'Intelligent Design' Theory Fuel Debate."

The Los Angeles Times contains an article headlined "Inspiration for Doubters of Darwin; Bush appears to give moral support to the 'intelligent design' camp by again backing public schools' teaching of an alternative to evolution."

The Houston Chronicle reports that "Bush says all theories of life have place in classroom; He suggests that children should be taught more than evolution, but it is the schools' choice."

Financial Times reports that "Bush wants alternatives to Darwinism taught in school."

The York (Pa.) Daily Record contains articles headlined "Bush adds to evolution buzz; The Dover school board has 'powerful friends in Washington,' its attorney joked" and "Reporters can be questioned; A judge said the two can be deposed in the Dover case."

And The Associated Press reports that "Reporters Can Keep Notes and E-mails in 'Creationism' Trial."
Posted at 11:14 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Roberts Documents Provide Sweeping View of Career" and "Jailed Reporter Miller Described as Risk Taker" (RealPlayer required).
Posted at 10:15 AM by Howard Bashman



"Judges can get parties' support; Federal court strikes down state election rule": This article appears today in The St. Paul Pioneer Press.

The Minneapolis Star Tribune reports today that "Court lets politics into judge's races."

And Minnesota Public Radio reports that "Ruling ushers in new era of judicial elections."
Posted at 10:02 AM by Howard Bashman




The Associated Press is reporting: An article reports that "Roberts Puts Net Worth at $5.3 Million." You can see for yourself here.

And in other news, "Gay-Marriage Ban Group Sues Calif. AG."
Posted at 09:54 AM by Howard Bashman




"Roberts Sees Limited High Court Role on Social Issues": Josh Gerstein has this article today in The New York Sun.

In USA Today, Kathy Kiely and Joan Biskupic have an article headlined "Documents reveal Roberts' wealth, philosophy." And James P. Gannon has an op-ed entitled "A religious test? Let's not; Yes, John Roberts is Catholic; But to allow his views on faith to become fair game in Senate confirmation hearings would set a dangerous and divisive precedent."

The Washington Post reports that "Judges Should Have 'Limited' Role, Roberts Says; Statement to Panel Cites Need for Restraint on Bench; Prior Documents Question 'Right to Privacy.'"

In The Los Angeles Times, David G. Savage and Maura Reynolds have an article headlined "High Court Nominee Sides With Restraint; John G. Roberts Jr., answering a Senate questionnaire, describes his judicial philosophy as one based on precedent, not activism." And Law Professor Richard L. Hasen has an op-ed entitled "Roberts' iffy support for voting rights."

The Baltimore Sun reports that "Importance of precedent emphasized by Roberts; Supreme Court nominee offers glimpse of philosophy in Senate questionnaire; Calls criticism of judicial activism 'well-founded.'"

Newsday reports that "Roberts omits stint with cosmetics group."

The Boston Globe reports that "Roberts tells senators he would respect precedent; He also vows to avoid legislating on bench."

The Pittsburgh Post-Gazette contains articles headlined "Nominee Roberts cites value of 'modesty and humility'; Response to Judiciary Committee also lists financial holdings" and "Roberts seen as skeptical on broad discrimination rules."

The Washington Times reports that "Role of judges 'limited,' Roberts says."

The Hill reports that "Dems weigh how Roberts vote will play."

And The State of Columbia, South Carolina contains an article headlined "Critics warm to Graham; Senator takes on filibuster issue at luncheon."

Meanwhile, in commentary, Brian Dickerson has an op-ed headlined "A fifth vote against U-M?" in The Detroit Free Press.
Posted at 07:00 AM by Howard Bashman




"Eminent-Domain Uproar Imperils Projects": The Wall Street Journal contains this article (free access) today.

And USA Today contains articles headlined "States move to protect property; Ruling prompts bills on eminent domain" and "For N.J. family, ruling may doom beach cottage; City wants to demolish it for luxury condos."
Posted at 06:45 AM by Howard Bashman




"Lawyers Seek New Legal Protections for Reporters; Attorneys for Post Journalist Liken Link With Sources to That of Therapist, Patient": This article appears today in The Washington Post.
Posted at 06:44 AM by Howard Bashman



"Court Finds Bias in Policy of Schools for Hawaiians": Adam Liptak has this article today in The New York Times.
Posted at 06:40 AM by Howard Bashman



"Faithful Furious Over Tactic; Catholics express shock over lawyer's arguments that a woman who sued Portland archdiocese for child support should have used birth control": This article appears today in The Los Angeles Times.
Posted at 06:33 AM by Howard Bashman


Tuesday, August 02, 2005


Available online from law.com: An article is headlined "The Flower of the Reagan Revolution: The nomination of John Roberts Jr. to the Supreme Court is the product of two decades of planning."

In other news, "Calif. Justices: Businesses Must Give Domestic Partners Marital Benefits."

And in news from New York, "Jury Turnabout 'Unique,' Say Courtroom Observers."
Posted at 10:35 PM by Howard Bashman




"Court Nominee Prizes 'Modesty,' He Tells the Senate": This article will appear Wednesday in The New York Times. You can access the text of U.S. Supreme Court nominee John G. Roberts, Jr.'s answers to the Senate Judiciary Committee's questionnaire here (part one) and here (part two).

Tomorrow's newspaper will also contain an article headlined "DeLay to Be on Christian Telecast on Courts."
Posted at 10:14 PM by Howard Bashman




Fifth Circuit holds that the University of Texas' anti-spam policy is permissible under the First Amendment's commercial speech jurisprudence: Circuit Judge Jerry E. Smith issued today's ruling on behalf of a unanimous three-judge panel.
Posted at 08:40 PM by Howard Bashman



"Professor Tribe Debunks Myths Surrounding Roberts Nomination": "ACSBlog" has a post that points to links to online video of Law Professor Laurence H. Tribe's keynote address at the 2005 ACS National Convention.
Posted at 08:35 PM by Howard Bashman



"Roberts put in hundreds of hours of pro bono work": Ron Hutcheson of Knight Ridder Newspapers provides this report.
Posted at 08:00 PM by Howard Bashman



"Roberts Insists He'll Respect Precedent": Hope Yen of The Associated Press provides this report.
Posted at 07:55 PM by Howard Bashman



"This case *** requires us, as a matter of first impression for this circuit, to lay out a framework for determining when such extraterritorial use of the Lanham Act is proper. In doing so, we choose not to adopt the formulations used by various other circuits." The U.S. Court of Appeals for the First Circuit issued this opinion today.
Posted at 05:50 PM by Howard Bashman



U.S. Court of Appeals for the Second Circuit issues opinion in case concerning attorney fee dispute involving Edward King, the guitar player who co-wrote several of Lynyrd Skynyrd's biggest hits: You can access today's interesting ruling at this link.
Posted at 05:40 PM by Howard Bashman



"Roberts Helped to Rebut Rights Criticism": Hope Yen of The Associated Press provides this report. The documents that The U.S. National Archives and Records Administration released today can be accessed online via this link.

Bloomberg News reports that "Top Court Nominee's Memos Questioned Right to Privacy." The memos at issue can be viewed here and here.

And this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Newly Released Roberts Papers Touch on Rights" (RealPlayer required).
Posted at 05:14 PM by Howard Bashman




Reuters is reporting: James Vicini has an article headlined "US top court nominee supported Reagan policies."

And in other news, "Hawaiian schools cannot bar non-natives-US court."
Posted at 04:04 PM by Howard Bashman




"Roberts, Sen. Byrd hit it off; Bush court nominee makes good impression by revealing respect for Constitution": This article appears today in The Charleston (W.Va.) Daily Mail.
Posted at 04:00 PM by Howard Bashman



"Slate's Jurisprudence: High Court Liberal Drift?" This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:55 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Reporter Miller Enters Fifth Week in Jail"; "Appeals court rules against Hawaiians-only admissions"; and "Death Penalty Upheld in Slain Student Case."
Posted at 03:42 PM by Howard Bashman



"U.S. court scales back patent ruling against RIM": Reuters provides this report concerning an order and revised opinion that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:10 PM by Howard Bashman



"The issue considered here is a significant one in our statutory civil rights law: May a private, nonsectarian, commercially operated school, which receives no federal funds, purposefully exclude a student qualified for admission solely because he is not of pure or part aboriginal blood?" A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today has issued that court's decision in Doe v. Kamehameha Schools. According to the majority opinion, "we agree with Doe and find that the Schools' admissions policy, which operates in practice as an absolute bar to admission for those of the non-preferred race, constitutes unlawful race discrimination in violation of [42 U.S.C.] § 1981."
Posted at 01:05 PM by Howard Bashman



Former U.S. Supreme Court nominee Robert H. Bork appeared on this morning's broadcast of C-SPAN's "Washington Journal": You can view Judge Bork's quite interesting appearance online by clicking here (RealPlayer required).
Posted at 01:00 PM by Howard Bashman



En banc U.S. Court of Appeals for the Eighth Circuit issues its decision in Republican Party of Minnesota v. White: The majority today holds that campaign-related limitations on candidates for elective judicial office, prohibiting partisan activities and fundraising solicitation, violate the First Amendment. You can access today's ruling at this link.

The Eighth Circuit's earlier rulings in this case can be accessed via this link, while the U.S. Supreme Court's earlier ruling in this case can be accessed via this link.
Posted at 12:40 PM by Howard Bashman




"Wal-Mart's Bid to Void Suit Calls It Too Big": The Los Angeles Times yesterday contained an article that begins, "The world's biggest retailer hopes to derail history's biggest private civil-rights case next week by arguing before a federal appellate panel that a massive gender-discrimination suit against Wal-Mart is too big."
Posted at 11:35 AM 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. will have this essay in the September 2005 issue of The Atlantic Monthly.
Posted at 10:12 AM by Howard Bashman



"Groups Take Roberts Campaign to Voters": Hope Yen of The Associated Press provides this report.
Posted at 10:10 AM by Howard Bashman



"The Expanding Power of a Recess Appointment": David Welna had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition." In the report, Welna appears to confuse Ninth Circuit nominee William Gerry Myers III with Eleventh Circuit Judge William H. Pryor, Jr.
Posted at 09:38 AM by Howard Bashman



Available online at Slate: Jack Shafer has a press box essay entitled "Judge Posner's Incorrect Verdict: He hacks on and on about the 'crisis' in old media in the Times Book Review."

And Christopher Hitchens has an essay entitled "Catholic Justice: Quit tiptoeing around John Roberts' faith."
Posted at 08:45 AM by Howard Bashman




"Domestic partners ruled to be equal to married pairs in state businesses": Bob Egelko has this article today in The San Francisco Chronicle.

In The Los Angeles Times, Maura Dolan reports today that "Court Ruling Aids Domestic Partnerships; State justices say businesses must give spousal privileges to registered couples; Case could complicate debate on same-sex marriage."

In The San Jose Mercury News, Howard Mintz has an article headlined "Court: Golf club rights extend to same-sex pairs; State ruling prelude to marriage ban fight."

The San Diego Union-Tribune reports that "Domestic partners supported by ruling; Lesbian couple had sued Bernardo Heights club."

And The North County Times contains an article headlined "State high court: Club must allow gay partners same discounts as married couples."
Posted at 07:08 AM by Howard Bashman




"Privilege at Stake With Nominees; Bush Aims to Reassert Presidential Power in Debate Over Roberts, Bolton": The Washington Post today contains this news analysis, along with an op-ed by columnist E.J. Dionne Jr. entitled "Why It's Right to Ask About Roberts's Faith."

The St. Petersburg Times reports today that "Roberts faces new challenge: a clause; It's 'the everything clause' of the Constitution; And how this high court nominee interprets it has sparked a controversy."

The Ventura County Star reports that "Reagan Library helps Roberts' researchers."

Newsday reports that "Roberts' resume backs Dems' claim."

The Morning Call of Allentown, Pennsylvania contains an article headlined "Respected steel manager: High court nominee's father ran plant, mill for Bethlehem Steel."

The Morning News of Fayetteville, Arkansas reports that "Pryor Sees Smooth Nomination For Roberts; Senator Credits 'Gang Of 14' With Productivity."

The Washington Times contains an article headlined "Democrats vow not to take out anger on Roberts" and an editorial entitled "Roberts's conservative leanings." In addition, Bruce Fein has an op-ed entitled "Politics by other means," while Michael Barone has an op-ed entitled "Clerk dependency."

The San Antonio Express-News contains editorials entitled "Roberts nomination brings out agendas" and "Work of nominee's wife not within Senate scope."

In The Orlando Sentinel, David C. Steinmetz has an op-ed entitled "Whose original intention? John Roberts and the Constitution."

In The Rochester (N.Y.) Democrat and Chronicle, Michael Filozof has an op-ed entitled "Hope new justice reunites the Supreme Court, Constitution."

And in The Providence (R.I.) Journal, John R. MacArthur has an op-ed entitled "Ugliness of illegal abortion - What's at stake in the Roberts appointment."
Posted at 06:45 AM by Howard Bashman




"Appeals panel OKs state's bar exam ban; Foreign lawyers may seek another ruling": This article appears today in The Times-Picayune of New Orleans.
Posted at 06:35 AM by Howard Bashman


Monday, August 01, 2005


"High court orders businesses to treat same-sex partners as married couples": Bob Egelko of The San Francisco Chronicle provides this news update.
Posted at 11:17 PM by Howard Bashman



The Los Angeles Times is reporting: Today's newspaper contains an article headlined "Political Ligthning Rod Planted on New Hampshire Farmhouse; An L.A. activist's effort to take Justice Souter's land for a resort--citing a Supreme Court property ruling--earns praise and disdain."

And a news update is headlined "State Court Rules Backs Benefits for Domestic Partners."
Posted at 11:14 PM by Howard Bashman




"Military Prosecutors Criticized Detainee Trials": This segment (RealPlayer required) featuring Jess Bravin appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:25 PM by Howard Bashman



Available online from law.com: An article reports that "States Ride Post-'Kelo' Wave of Legislation; Eminent domain curbs introduced in 28 states."

In news from the Eleventh Circuit, "17-Minute Traffic Stop Too Short to Violate Rights."

Shannon P. Duffy reports that "3rd Circuit Allows Post-Accident Repairs Evidence Against Maker."

And in news from New York, "Judge Sees No Link Between Prostitution, Paying for Sex to Make Films."
Posted at 10:20 PM by Howard Bashman




"Democrats Seek Files of Cases Roberts Worked On as Deputy Solicitor General": Tuesday's edition of The New York Times will contain an article that begins, "Senate Democrats are seeking information on 16 specific cases that Judge John G. Roberts, the Supreme Court nominee, handled when he was deputy solicitor general under the first President Bush."
Posted at 10:08 PM by Howard Bashman



"New ad challenges Bush's choice for Supreme Court": Tuesday's edition of USA Today will contain an article that begins, "A coalition of liberal groups is airing the first TV ad challenging President Bush's nomination of federal Judge John Roberts to the Supreme Court." You can view the ad via this link or by clicking here (QuickTime) or here (Windows Media).
Posted at 08:45 PM by Howard Bashman



"Bush endorses teaching `intelligent design' theory in schools": The Knight Ridder Newspapers provide this report, which also notes that "Bush said he has no idea how Supreme Court nominee John G. Roberts would vote in a case challenging the legality of abortion because he never asked him about it."
Posted at 08:40 PM by Howard Bashman



"Where the Media, Economics, and the Adversarial System Collide": Blogger Sean Sirrine offers this critique of Seventh Circuit Judge Richard A. Posner's essay entitled "Bad News," which began on the cover of yesterday's issue of The New York Times Sunday Book Review.
Posted at 08:35 PM by Howard Bashman



"Court says La. doesn't have to let foreign visitors practice law": The Associated Press provides this report on the ruling from last Friday that the U.S. Court of Appeals for the Fifth Circuit posted online today.
Posted at 08:24 PM by Howard Bashman



The Associated Press is reporting: In news from California, "Country Club Must Make Gays Even Offer."

And in other news, "Roberts' Vote in Toad Case Is Dissected." Of course, in some secondary school systems, students cannot be required to dissect votes in toad cases.
Posted at 05:50 PM by Howard Bashman




Divided Fifth Circuit panel holds that the Supreme Court of Louisiana may constitutionally deny nonimmigrant aliens the opportunity to seek admission to the Louisiana bar: Circuit Judge Edith H. Jones is the author of the majority opinion, dated last Friday but posted online by the court today. According to the ruling, in Louisiana, only aliens entitled to live and work in the United States permanently are allowed to obtain admission to the bar.
Posted at 03:40 PM by Howard Bashman



Fourth Circuit affirms dismissal of news media's lawsuit seeking access to terrorism-related search warrant information: Today's ruling of the U.S. Court of Appeals for the Fourth Circuit can be accessed here.
Posted at 03:33 PM by Howard Bashman



"Gonzales balks at release of Roberts documents": Reuters provides this report.
Posted at 03:25 PM by Howard Bashman



U.S. Court of Appeals for the Federal Circuit establishes appellate mediation program: The en banc order establishing the program can be accessed here. To partake, the parties to an appeal must opt-in. Further details are available at this link.
Posted at 03:24 PM by Howard Bashman



"Plaintiffs, a lesbian couple who are registered domestic partners, sued defendant country club, to which one of them belongs, alleging that the club's refusal to extend to them certain benefits it extends to married members of the club constitutes marital status discrimination": So begins today's ruling of the Supreme Court of California.
Posted at 01:00 PM by Howard Bashman



ACLU press release reporting that Chief Justice William H. Rehnquist has retired fails to spawn the Chief Justice's actual retirement: Recognizing that fact, the ACLU has now removed the text of the press release, formerly available here, from its web site. [Update: The blog "Southern Appeal" has made the press release available via this link.]

My earlier coverage, quoting the press release, can be accessed here, and The Washington Post's "Campaign for the Supreme Court" blog has this write-up, followed by a comment from the ACLU's media relations director confirming that the press release has been pulled from the ACLU's site.
Posted at 12:08 PM by Howard Bashman




"Roberts and Scalia: Standing Side by Side; Article by Supreme Court nominee John Roberts Jr. defends position taken by Justice Scalia in controversial case." Today's issue of Legal Times contains this article (free access).
Posted at 10:04 AM by Howard Bashman



"Gay couple sue golf club over rules": This article appeared on May 26, 2005 in The San Diego Union-Tribune. And today at 1 p.m. eastern time, the Supreme Court of California is scheduled to announce its ruling in the case.

Coverage of the oral argument can be accessed here from The Daily Journal of California. And I have collected additional news coverage of this case here and here.

Lambda Legal Defense and Education Fund provides online access to the briefs via this link.
Posted at 09:55 AM by Howard Bashman




"Will Sandra Day O'Connor's resignation from the Supreme Court set women back? Diane Glass, a left-leaning columnist, writes the commentary this week and Shaunti Feldhahn, a right-leaning columnist, responds." These essays appear online at the web site of The Atlanta Journal-Constitution.
Posted at 09:45 AM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains an article headlined "As abortions fall, activism wanes; But the issue may be key for high court confirmation panels."

And in other news, "Court ruling muddles K Street plan."
Posted at 09:35 AM by Howard Bashman




"Unfinished Business: Is the state of constitutional law in such flux that it can't be captured in a treatise?" Emily Bazelon has this essay in the August 2005 issue of The American Lawyer.
Posted at 09:30 AM by Howard Bashman



"Don't Try This At Home: Appointing politicians to the Supreme Court is not the answer to what ails the Court." Paul Mirengoff has this essay online today at The Weekly Standard.
Posted at 09:15 AM by Howard Bashman



"Why Roberts Shouldn't Tell Us What He Thinks": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 08:50 AM by Howard Bashman



Some dumb-ass questions for judicial nominees are timeless: But my "Most dumb-ass question for Judge Roberts" contest, announced here on Friday, is not.

To allow those fortunate to have spent this past weekend away from the computer a chance to participate, the contest will draw to a close at 8 p.m. eastern daylight time today. I will post online the winning entry, together with various other quite clever entries, at some point tomorrow.
Posted at 07:20 AM by Howard Bashman




"Debating the Subtle Sway of the Federalist Society": This article appears today in The New York Times.

The Baltimore Sun reports today that "Roberts could swing high court toward greater executive power; National security cases are likely within next year."

In The San Francisco Chronicle, Bob Egelko has an article headlined "'Hapless toad' case shows how court nominee thinks."

The Pittsburgh Post-Gazette reports that "Roberts hearings test Specter-Leahy old cordiality."

The Virginian-Pilot yesterday contained an article headlined "Supreme legacy: Justice O'Connor provided powerful role model."

The Minneapolis Star Tribune reports today that "Legal society is strong in state."

The August 8, 2005 issue of BusinessWeek contains a news analysis headlined "States vs. The Feds: All Eyes On Roberts; The fractious debate over federalism will be center stage at his confirmation hearings."

Bloomberg News reports that "Roberts Debate Focuses on Respect for U.S. High Court Precedent."

And The Gallup Organization has issued a press release entitled "Public Supports Roberts Serving on U.S. Supreme Court; A slim majority says Senate confirmation hearings will be a major political fight."

In commentary, The Mobile Register contains an editorial entitled "Some diversionary sleaze."

In The Los Angeles Times, Michael McGough has an op-ed entitled "Catholic judges and a higher authority: Roberts' nomination raises questions about jurists caught between the law of the land and the laws of their church."

In The Boston Globe, Cathy Young has an op-ed entitled "Why Roberts's religion matters."

In Newsday, Lauren Terrazzano has an op-ed entitled "Rehnquist's right to keep forging ahead; The chief justice's cancer shouldn't disqualify him from continuing to report to work each day."

FindLaw commentator Julie Hilden has an essay entitled "Supreme Court Nominee John Roberts's Controversial Environmental Law Dissent: It Reveals Him As An Extreme Proponent of 'States' Rights' Federalism, To the Detriment Of Endangered Species."

And today in The Washington Times, Nat Hentoff offers "Fatuous instructions to senators," while John B. Roberts II has an op-ed entitled "The scandal that wasn't."
Posted at 07:00 AM by Howard Bashman




"ACLU Wishes Rehnquist Well; Expresses Concern About Court Moving Further to the Right": The American Civil Liberties Union today has issued a press release that begins:
The American Civil Liberties Union today wished retiring Chief Justice Rehnquist well in his battle with cancer, but warned that the Bush administration was now in a position to reshape the Supreme Court for the next generation.

"Though we disagreed with the Chief Justice on many issues, we wish him all the best," said Steven R. Shapiro, the ACLU's National Legal Director. "With two vacancies to fill on a closely divided Supreme Court, the stakes could not be higher."

The complete press release can be accessed at this link.
Posted at 06:44 AM by Howard Bashman



"Minority Retort: How a pro-gun, anti-abortion Nevadan leads the Senate's Democrats." The August 8, 2005 issue of The New Yorker contains a profile that begins, "About twenty minutes before President Bush announced that John G. Roberts, Jr., was his choice to replace Sandra Day O'Connor on the Supreme Court, he telephoned Harry Reid, of Nevada, the Senate Minority Leader."
Posted at 06:33 AM by Howard Bashman



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