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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." "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." "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." 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." "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." 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. "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?" "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." "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. "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. 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,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." "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). "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." "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. "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." 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." "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." "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). 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. 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." "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." "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." 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." "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." "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." "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. 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." "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. "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:
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." 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. 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." "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." 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." "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." 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." 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." "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." "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." 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). 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." "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." "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." 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." "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." "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 contain |
