How Appealing

Friday, September 30, 2005


"Dover board members pushed creationism, witnesses testify": The Harrisburg Patriot-News contains this article today.

The Pittsburgh Post-Gazette today contains an article headlined "Ex-official: Board broke with curriculum policy; Witness testifies was called an 'atheist' for evolution-only stance."

And The York Daily Record contains articles headlined "Mural at issue; Two members applauded the burning of a depiction of evolution, Casey Brown testified"; "150 attend meeting on 'stupid' theory"; "Before statement, a custom; Dover teachers had a way to address evolution questions, Casey Brown said"; and "Gov. Rendell backs evolution; A group asked him to keep intelligent design out of science class." In addition, columnist Mike Argento has an op-ed entitled "The Buckingham school: No civil liberties allowed."
Posted at 11:00 PM by Howard Bashman




"Oregon justices defeat efforts to limit sex shows; Two rulings further bolster the state's sweeping free speech protections, experts say": This article appears today in The Oregonian.

And The Salem Statesman Journal reports today that "Court overturns two sex-show laws; Oregon's justices rule that the right to free expression in the state is an absolute."

Yesterday's rulings of the Supreme Court of Oregon can be accessed here and here.
Posted at 10:44 PM by Howard Bashman




"Phone Call With Source and Deal Led Reporter to Testify": Adam Liptak will have this article Saturday in The New York Times.
Posted at 10:40 PM by Howard Bashman



"Justice Stevens Stresses Growth on Court": The Associated Press provides this report.
Posted at 10:08 PM by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "Amid Much Scrutiny, New Chief Justice's Journey Begins Today" and "Strength in Numbers: Having a star like Seth Waxman can help a firm create a top Supreme Court practice, but it's not the only recipe for success."

And Dahlia Lithwick has an essay entitled "Judging Sandra: Looking back on a U.S. Supreme Court justice whose ethos uncannily matches that of the 1950s sitcom mom."
Posted at 10:00 PM by Howard Bashman




"Judge May Face Sanctions; Federal jurist improperly took over bankruptcy case, judicial panel says": Back on January 18, 2004, Henry Weinstein had this article in The Los Angeles Times. The article is relevant today because of the Ninth Circuit Judicial Council's ruling yesterday in In re Complaint of Judicial Misconduct.
Posted at 08:50 PM by Howard Bashman



"Roberts' recusal policy": Lyle Denniston has this post online at "SCOTUSblog."
Posted at 08:38 PM by Howard Bashman



A Chief Justice William H. Rehnquist bobblehead doll sells at auction on eBay for $2,025.00: The auction just concluded.
Posted at 08:36 PM by Howard Bashman



"Connecticut appeals lending case to Supreme Court": Reuters provides this report.
Posted at 06:04 PM by Howard Bashman



With three hours and thirty-six minutes left in the auction, the high bid on a Chief Justice William H. Rehnquist bobblehead doll being sold at eBay is a mere $775.00: The last two bobble-Chiefs auctioned at eBay have sold for more than $1,000, and the last one sold for a whopping $2,151.99. The listing for the item now up for sale can be accessed here.
Posted at 05:00 PM by Howard Bashman



Trial judge cites nothing in support of his position, not even a blawg! Earlier today, I noted Ninth Circuit Judge Alex Kozinski's dissenting opinion in In re Complaint of Judicial Misconduct. A reader has just emailed to note the following passage from Judge Kozinski's dissent:
Throughout these lengthy proceedings, the judge has offered nothing at all to justify his actions--not a case, not a statute, not a bankruptcy treatise, not a law review article, not a student note, not even a blawg.
The passage appears on page 29 of the dissent, which is also page 36 of the PDF file. A quick Westlaw search indicates that, previously, no published opinion had ever used the term "blawg."
Posted at 04:23 PM by Howard Bashman



"Lights, Camera, Nomination: High court theater provides suspense for by-the-script politics." Jeff A. Taylor has this essay online at Reason.

Online at The New Republic, Akiba Covitz and Mark Tushnet have an essay entitled "Political Appointee: Why Bush should name a politician to the Court."

Online at The Weekly Standard, Christopher Levenick has an essay entitled "The Conservative Persuasion: John Roberts's studies in intra-court politics bode well for his tenure as chief justice."

And online at The American Prospect, Charles P. Pierce has an essay entitled "Bench-Clearing Brawls: John Roberts wants to be an umpire, huh? Well, let him have it."
Posted at 03:40 PM by Howard Bashman




"Times Reporter Testifies in Leak Case After 85 Days in Jail": The New York Times provides this news update.
Posted at 03:30 PM by Howard Bashman



"High Court justices compare their roles": Harvard Law School today posted online a news release that begins, "On Wednesday, September 28, Supreme Court Justices Stephen Breyer and Antonin Scalia were joined by their British counterparts for a wide-ranging panel discussion on the similarities and differences between the judicial systems in the U.S. and U.K." Thanks to HLS, you can access at this link (RealPlayer required) archived video of the event. And "NinoVille" offers a partial transcript here.
Posted at 02:30 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Roberts Starts Work As Supreme Court Chief" and "Bush Expected to Name High Court Nominee."

An article headlined "Court Keeps Stuttering Study Lawsuit Alive" reports on a ruling that the Supreme Court of Iowa issued today.

And an article headlined "Court: Neb. Went Too Far on Sentencing" reports on a ruling that the Supreme Court of Nebraska issued today.
Posted at 02:20 PM by Howard Bashman




In re Complaint of Judicial Misconduct: Late yesterday, the Judicial Council of the U.S. Court of Appeals for the Ninth Circuit posted online this decision, which includes an unusual thirty-nine-page dissent by Circuit Judge Alex Kozinski. The final paragraph of Judge Kozinski's dissent begins: "I also believe that the aggrieved creditors are entitled to an apology from the judges of our circuit for the cost, grief and inconvenience they suffered in one of our courts because of the district judge's unprofessional behavior."
Posted at 01:14 PM by Howard Bashman



"Tobacco case due up": Lyle Denniston provides this report online at "SCOTUSblog."
Posted at 12:00 PM by Howard Bashman



"Wilkins says judges' role is to enforce laws": This article appears today in The Greenville News.
Posted at 10:50 AM by Howard Bashman



"With Roberts In, Bush Looks Ahead; Senate Confirms by 78-22; Nominee for O'Connor Seat Likely to Face Harder Road": Jeanne Cummings and Jess Bravin have this article (pass-through link) today in The Wall Street Journal.

The Sacramento Bee reports today that "Roberts sworn in as U.S. chief justice."

The Telegraph (UK) reports that "Bush's favourite is sworn in to key court role."

The Rockford (Ill.) Register Star reports that "Local prosecutor on hand for Roberts' swearing-in; He's 'a brilliant man,' Winnebago County State's Attorney Paul Logli says of the new chief justice."

The Reno Gazette-Journal reports that "Local judges expect more contention in next nomination."

And The UCLA Daily Bruin reports that "Court faces uncertain future."
Posted at 10:40 AM by Howard Bashman




2005 Term previews: With the Supreme Court of the United States scheduled to begin its new Term with the first day of oral arguments Monday, here are links to online video of two recent 2005 Term previews.

The ACLU held its preview (RealPlayer required) on Monday of this week. A related press release is here.

And the American Constitution Society held its preview (RealPlayer required) just two days ago, on Wednesday. "ACSBlog" provides some additional information.
Posted at 10:33 AM by Howard Bashman




Law student who wins Gillette Venus Vibrance "Legs of a Goddess" contest says, "One minute I'm studying tort reform and the next I'm told I have the best legs in America": You can access the press release at this link. And The Chicago Sun-Times reports today that "Local woman's legs ruled nation's best" (via "Obscure Store").
Posted at 10:20 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Justice Breyer: The Case Against 'Originalists'" (featuring Nina Totenberg); "Fifth Circuit Court of Appeals: Source of Next Nominee?"; and "Miller Due to Testify in CIA Leak Probe." RealPlayer is required to launch these audio segments.
Posted at 10:10 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Bush Likely to Name 2nd Nominee Next Week" and "Miller Ready to Testify in CIA Leak Probe."
Posted at 10:00 AM by Howard Bashman



No Payne, no gain: Yesterday, the White House nominated Chief U.S. District Judge James H. Payne of the Eastern District of Oklahoma to serve on the U.S. Court of Appeals for the Tenth Circuit. Chief Judge Payne also serves on the Northern and Western Districts of Oklahoma, and he reportedly was disappointed to learn that he hadn't been nominated to serve on three distinct U.S. Courts of Appeals. The Tenth Circuit vacancy will arise when Circuit Judge Stephanie K. Seymour takes senior status next month.
Posted at 09:05 AM by Howard Bashman



"Oregon might be getting its own Justice Roberts": The Associated Press provides a report that begins, "Former Oregon Labor Commissioner Jack Roberts is considering a run for the Oregon Supreme Court."
Posted at 07:18 AM by Howard Bashman



"Magistrate Judge Kristi DuBose has been tapped for a federal judgeship by President Bush; Bush nominates U.S. Magistrate Judge from Daphne to replace Judge Butler in Mobile": This article appears today in The Mobile Register. Congrats to my former law school classmate, the first from our Emory Law School class to be nominated to a lifetime appointment to the federal bench.
Posted at 07:04 AM by Howard Bashman



"Senate Confirms Roberts as 17th Chief Justice": The New York Times contains this article today. And Linda Greenhouse has an article headlined "New Leader, Tough Issues for Court in Transition."

The Washington Post reports today that "Roberts Confirmed as 17th Chief Justice; Senate Republicans Are Unanimous, Democrats Evenly Split" and "The Job of a Lifetime? You Got That Right."

The Los Angeles Times reports that "Roberts Is Sworn In as Chief Justice; Much of Washington's attention has already turned to the other court vacancy, which could be much more contentious." And a news analysis is headlined "GOP Takes One Step Forward, One Step Back; With Roberts sworn in, conservative gains may look enduring; But falling poll numbers could signal a weakness in Republican strategy."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Roberts sworn in as chief; 17th chief justice is president's 1st stamp on court."

In USA Today, Kathy Kiely and Joan Biskupic report that "Roberts era begins on Supreme Court; Bush's next pick in works." And Joan Biskupic has a second article headlined "Big cases leave chief justice little time to settle in; Arguments are Wednesday on assisted suicide."

The Toronto Globe and Mail reports that "Rumour mill spins as Roberts sworn in; Talk is of who will be nominated to fill second vacancy on Supreme Court."

Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers report that "Roberts sworn in as chief justice of the U.S. Supreme Court." And in related coverage, "Politically weakened Bush under pressure from all sides on 2nd pick."

The New York Sun reports that "New Battle Looms as Roberts Is Sworn in."

The Washington Times contains articles headlined "Roberts confirmed to high court" and "Bush may name next nominee in days."

The San Francisco Chronicle reports that "Roberts sworn in as Democrats warn of battle on next nominee; Feinstein and Boxer among 22 senators to vote against Bush's choice for chief justice."

The Denver Post reports that "Roberts sails through; New chief justice sworn in after Senate vote."

Newsday contains an article headlined "Hail to the new chief; Roberts is sworn in as nation's top justice; Bush announcement on 2nd opening could come as early as today."

The Dallas Morning News reports that "A new era begins as Roberts takes oath; Top justice OK'd despite Democrat holdouts; pivotal issues await."

In The Boston Globe, Charlie Savage reports that "Roberts becomes nation's 17th chief justice; He wins 78-22 vote; new court pick nears."

The Harvard Crimson reports that "Grad Sworn In As Court Chief; Senate confirms Roberts '76 as chief justice in 78-to-22 vote."

The Houston Chronicle reports that "Roberts sworn in as Chief Justice; Takes oath just in time to make it to the bench by Monday, opening day of new session."

The Pittsburgh Post-Gazette reports that "Roberts takes oath as 17th chief justice; Half of Senate Democrats join majority in voting to confirm him." And Michael McGough has a news analysis headlined "Roberts' self-portrait neutralized opposition."

The Atlanta Journal-Constitution reports that "Roberts takes oath; next nominee awaited."

The St. Petersburg Times reports that "Roberts is chief; Now who's next? Democrats promise a fight if President Bush's choice for Sandra Day O'Connor's replacement is too conservative."

The Newark Star-Ledger reports that "78-22 Senate vote ushers Roberts onto high court."

The Dayton Daily News reports that "Bush could give nod to Ohio's Batchelder."

And The Record of Stockton, California reports that "Callahan called ideal choice."
Posted at 06:50 AM by Howard Bashman




"Times Reporter Free From Jail; She Will Testify": This article appears today in The New York Times.

The Washington Post reports that "N.Y. Times Reporter Released From Jail; Miller to Testify In CIA Leak Probe."

The Los Angeles Times reports that "Journalist Freed to Testify in Plame Case."

And The Wall Street Journal reports that "Times Reporter, Released From Jail, Agrees to Testify" (pass-through link).
Posted at 06:40 AM by Howard Bashman




"The Pledge, Prudence and Precedent: A Comment on Judge Karlton's Recent Ruling on the Words 'One Nation Under God'": FindLaw commentator Vikram David Amar has this essay today.
Posted at 06:35 AM by Howard Bashman


Thursday, September 29, 2005


"Pick a Chick: Why we need more women on the Supreme Court." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:12 PM by Howard Bashman



Available online from law.com: An article reports that "Divided Senate Democrats Confirm Roberts, Look to Next Nominee."

In other news, "Grand Jury Busy in Milberg Weiss Probe."

And an article reports that "Large Firms Discover New Marketing Tool: Blogs; Interactive Web logs launched on practice areas, specific statutes."
Posted at 10:10 PM by Howard Bashman




U.S. Court of Appeals for the Fifth Circuit considers Spector v. Norwegian Cruise Line Ltd. on remand from the U.S. Supreme Court: Today's per curiam opinion suggests that the Fifth Circuit still doesn't see much merit to the case. The Supreme Court's recent reversal of the Fifth Circuit's earlier ruling in the case can be accessed here.
Posted at 09:58 PM by Howard Bashman



"Court told board urged creationism; Witness says she was shocked by bigotry": This article appears today in The Chicago Tribune.

The Philadelphia Inquirer reports today that "Intelligent design a religious notion, scientist testifies."

The Pittsburgh Post-Gazette contains an article headlined "Witness: 'Intelligent design' not science."

The Harrisburg Patriot-News contains an article headlined "Witness: ID falls short of science."

And The York Daily Record contains articles headlined "Witness bashes intelligent design; A philosopher of science said the controversial idea rejects science"; "Reporters to testify to stories' accuracy; Two freelancers are scheduled to give depositions and trial testimony Oct. 6"; and "Anniversary trip: Dover trial; A Spring Garden Twp. couple are among the courthouse spectators." In addition, columnist Mike Argento has an op-ed entitled "Have you ever really looked at intelligent design?"
Posted at 09:50 PM by Howard Bashman




"Outlook for Bush's Next Supreme Court Pick": This segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."

Today's broadcast of NPR's "Talk of the Nation" contained a segment entitled "A New Face and New Issues for High Court" featuring David G. Savage and Joan Biskupic.

And today's broadcast of the public radio program "Here and Now" contained a segment entitled "The Shape of the U.S. Supreme Court" featuring Law Professor Jonathan Turley.
Posted at 09:25 PM by Howard Bashman




"Pining for Bork: He was as divisive a Supreme Court nominee as can be imagined; But Democrats should hope they get a pick like him; Here’s why." John Heilemann has this essay in the current issue of New York magazine.
Posted at 09:18 PM by Howard Bashman



The new Chief Justice received only an A- in ConLaw: A poster to the "Free Republic" web site accurately transcribes what Law Professor Laurence H. Tribe said in a recent speech (the video of which is here).
Posted at 09:15 PM by Howard Bashman



"Giving Arizonans a license (plate) to devalue anything": Today in The Arizona Republic, columnist E.J. Montini has an op-ed that begins, "The lawyer for an anti-abortion organization says he will appeal a federal judge's decision to deny his client's request for a special 'Choose Life' Arizona license plate. I choose to hope that he wins."
Posted at 08:55 PM by Howard Bashman



"Schwarzenegger Vetoes Bill Legalizing Gay Marriage": The Los Angeles Times provides this news update.
Posted at 08:44 PM by Howard Bashman



"Jailed Times Reporter Freed After Source Waives Confidentiality": The New York Times provides a news update that begins, "Judith Miller, the New York Times reporter who has been jailed since July 6 for refusing to testify in the C.I.A. leak case, was released from a Virginia detention center this afternoon after she and her lawyers reached an agreement with a federal prosecutor to testify before a grand jury investigating the matter, the paper's publisher and executive editor said."
Posted at 08:42 PM by Howard Bashman



"Roberts Sworn in as 17th Chief Justice of Supreme Court": The Los Angeles Times provides this news update.
Posted at 05:54 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": A segment reports that "John G. Roberts Sworn in as 17th Chief Justice."

And Nina Totenberg has a report entitled "Supreme Court Justice Breyer on 'Active Liberty.'" You can hear Totenberg's entire 64-minute interview with Justice Stephen G. Breyer by clicking here.

RealPlayer is required to launch these audio segments.
Posted at 05:40 PM by Howard Bashman




"Master Roberts Polite, if a Bit Fidgety": The Associated Press provides a report that begins, "Four-year-old Jack Roberts was the smallest person in the East Room, but he had an outsize presence as father John took the oath to become the 17th chief justice of the United States."
Posted at 05:24 PM by Howard Bashman



"US high court to mull taking tobacco appeal Oct. 14": Reuters provides this report.
Posted at 05:20 PM by Howard Bashman



"President's Remarks at Swearing-In Ceremony of Chief Justice Roberts": A transcript of this afternoon's swearing-in ceremony is available at this link via the White House web site.
Posted at 04:40 PM by Howard Bashman



"Court to revisit campaign-finance debate": Tony Mauro has this report online at the First Amendment Center.
Posted at 04:11 PM by Howard Bashman



"Now, it's the Roberts court": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 03:35 PM by Howard Bashman



In case you missed it: Via C-SPAN, you can view the swearing-in by clicking here (RealPlayer required).
Posted at 03:20 PM by Howard Bashman



"Roberts Takes Oath As Chief Justice": Jesse J. Holland of The Associated Press provides this report.
Posted at 03:15 PM by Howard Bashman



John G. Roberts, Jr. has taken the oath of office to be Chief Justice of the United States: C-SPAN3 (RealPlayer required) televised the ceremony. Unlike yesterday, no one mistook Justice John Paul Stevens, who administered the oath of office to Chief Justice Roberts, for Mr. Six.
Posted at 03:00 PM by Howard Bashman



"Oregon high court backs free-speech rulings regarding nude dancers, sex shows": The Salem Statesman Journal provides this news update.
Posted at 02:50 PM by Howard Bashman



The Associated Press is reporting: An article reports that "Judge Orders Release of Abu Ghraib Photos." You can access today's ruling of the U.S. District Court for the Southern District of New York both here and here.

And in other news, "Oregon Court Overturns Sex-Show Laws." Today's ruling of the Supreme Court of Oregon can be accessed here.
Posted at 02:44 PM by Howard Bashman




"Can We Tell In Advance What Kind of Supreme Court Justices Nominees Will Make? Justice Blackmun's Example Suggests that Our Guesses May Well Be Very Wrong." FindLaw commentator Edward Lazarus has this essay today.
Posted at 02:40 PM by Howard Bashman



"Judge's unorthodox rulings raise eyebrows; She's outlawed sex by probationers, cracked down on rudeness": This article appears today in The Dallas Morning News.
Posted at 02:35 PM by Howard Bashman



Swearing-in ceremony for Chief Justice John G. Roberts, Jr. will occur at the White House at 3 p.m. today: Justice John Paul Stevens will administer the oath. As this photograph indicates, Chief Justice Roberts is already at the White House. Some C-SPAN network or another will provide live coverage of today's swearing-in. The Administrative Office of the U.S. Courts issued this news release today.
Posted at 02:15 PM by Howard Bashman



"Senate bill would limit Death Row appeals; Attorney and judicial groups urge its defeat": This article appears today in The Chicago Tribune.

Relatedly, The Washington Post today contains an editorial entitled "Kill Bill."
Posted at 12:18 PM by Howard Bashman




"Roberts Confirmed as U.S. Chief Justice": The Los Angeles Times provides this news update.
Posted at 12:15 PM by Howard Bashman



"Senate Confirms Roberts As Chief Justice": Jesse J. Holland of The Associated Press provides this report.
Posted at 11:48 AM by Howard Bashman



John G. Roberts, Jr. confirmed to be Chief Justice of the United States by a vote of 78-22: Congratulations to the new Chief Justice! I'll post a link to the official vote tally once it becomes available online. [Update: The official roll call vote tally is available at this link.] The swearing in of Chief Justice Roberts is likely to occur at the White House this afternoon.
Posted at 11:43 AM by Howard Bashman



"Roberts Confirmed as Chief Justice; Stakes Huge with Replacement for Swing Vote O'Connor": The organization People For the American Way has issued this press release.

And Progress for America Voter Fund has today launched a television ad (available in QuickTime; Windows Media; and Flash formats) focusing on the yet-to-be-identified nominee to replace Justice Sandra Day O'Connor.
Posted at 11:40 AM by Howard Bashman




The U.S. Senate has just begun voting on the nomination of John G. Roberts, Jr. to be Chief Justice of the United States: You can view the proceedings live online via C-SPAN2 (RealPlayer required).
Posted at 11:31 AM by Howard Bashman



"Roberts to Be Confirmed As Chief Justice": Jesse J. Holland of The Associated Press provides this report. The U.S. Senate will vote on the nomination at 11:30 a.m. eastern time this morning. You can view the vote live, online on C-SPAN2 by clicking here (RealPlayer required).
Posted at 10:33 AM by Howard Bashman



With less than a day and a half left in the auction, a Chief Justice Rehnquist bobblehead doll for sale at eBay currently has a high bid of just $510.00: Recently, one of these bobbleheads sold at eBay auction for more than $2,000. The listing for the item currently up for sale can be accessed here.
Posted at 10:30 AM by Howard Bashman



Sixth Circuit holds that pretrial finding of "good cause" does not allow a federal district court to order that a defendant against whom federal prosecutors are seeking the death penalty have his guilt determined by a non-death-qualified jury: Today's ruling of the U.S. Court of Appeals for the Sixth Circuit -- involving when separate juries may be empanelled to decide the question of guilt and the question of penalty under the Federal Death Penalty Act -- can be accessed at this link.
Posted at 10:24 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Uncertainty Surrounds Next Supreme Court Nomination"; "Senate Democrats Divided on Roberts Nomination"; and "Sen. Harry Reid on the Next Supreme Court Nominee."

Today's broadcast also contained a segment entitled "Civil Rights Pioneer Constance Baker Motley Dies."

RealPlayer is required to launch these audio segments.
Posted at 10:20 AM by Howard Bashman




"Norwood houses' fate up to court; Ohio justices hear arguments in case": The Cincinnati Enquirer today contains an article that begins, "The fate of the three remaining vacant houses on the site of the planned Rookwood Exchange commercial development in Norwood went before the Ohio Supreme Court on Wednesday. For about 40 minutes, the justices listened to arguments for and against tearing down two of the three houses and questioned the attorneys on both sides. Justice Paul Pfeifer told the attorneys the case could be the first of many eminent domain cases that come before the Ohio Supreme Court because of the U.S. Supreme Court's landmark 5-4 eminent domain decision this year."

The city's appellate brief is available online here. The Institute for Justice provides additional background here. My earlier coverage, including a link to video of yesterday's oral argument, can be accessed here.
Posted at 08:54 AM by Howard Bashman




"Officials Plan for Roberts' Swearing In": Gina Holland of The Associated Press provides this report.
Posted at 08:40 AM by Howard Bashman



"Supreme Court justice speaks at Wake Forest University; Ginsburg speculates on next justice nomination": This article appears today in The Winston-Salem Journal.

And in other coverage, The Associated Press reports that "Justice Ginsburg says she'd prefer another woman on court."
Posted at 07:30 AM by Howard Bashman




"9 Justices, 2 Laws and a Playmate": The New York Times contains this editorial today.
Posted at 07:15 AM by Howard Bashman



"Bush Reported Near to Nominating Judge": This article appears today in The New York Times.

Jan Crawford Greenburg of The Chicago Tribune reports today that "Bush said to have narrowed his list for top court spot; No ideal candidate emerges from pack."

The Dallas Morning News reports that "Second Supreme Court nomination could come today; Bush seeks diverse list, but any choice likely to provoke fight."

The Wall Street Journal contains an article headlined "President Faces Supreme Dilemma; Bush's Next Choice for High Court May Come Down to Which Side He Needs to Please Most" (free access).

Booth Newspapers report that "High court speculation centers on Michigan's Corrigan."

The Hill reports that "Hispanics, conservatives push court picks."

The Times and Democrat of Orangeburg, South Carolina contains an article headlined "Graham: Williams ‘seriously considered.'"

The Topeka Capital-Journal reports that "Judge says she isn't on Bush's short list."

The Washington Times reports that "Democrats decry bias on Roberts."

The Salem (Ore.) Statesman Journal reports that "Sen. Wyden to vote for Roberts as chief justice."

The Salt Lake Tribune reports that "Roberts vote expected today; Bennett and Hatch back Bush's pick."

The Quad-City Times reports that "Harkin vows to vote against confirmation of Court nominee."

The Arkansas News Bureau reports that "Lincoln to vote for Roberts."

CNN.com reports that "Roberts expected to win nod as chief justice Thursday; Bush poised to name O'Connor replacement."

Bloomberg News reports that "Senate Poised to Confirm Roberts to Be 17th U.S. Chief Justice."

Reuters reports that "Democrats warn Bush over next top court pick."

Voice of America News reports that "US Senate Expected to Confirm Roberts as Chief Justice Thursday."

And The Milford Daily News reports that "Milford attorneys intrigued by court nomination."
Posted at 07:04 AM by Howard Bashman




"School rules on his tour": The San Antonio Express-News today contains an article that begins, "He is the senior member of the nation's highest court. Now the acting Supreme Court chief justice, John Paul Stevens has served for 30 years. But on a tour of Northside's newest school, John Paul Stevens High School -- named in his honor -- Stevens, wearing his trademark bow tie and heavy, dark-framed glasses, earned another claim to fame Wednesday. 'Are you the guy from Fiesta Texas?' a student in a special education class asked the justice as he shook his hand. The student wasn't thinking about legal arguments and precedents. He was thinking about the man in the dark suit and bow tie who dances wildly on Six Flags theme park commercials."
Posted at 07:00 AM by Howard Bashman



"Scalia, Breyer Speak at HLS": This article appears today in The Harvard Crimson.
Posted at 06:58 AM by Howard Bashman



Available online from law.com: An article reports that "2nd Circuit Reinstates Lawsuit in 'Epic' Stock Conspiracy; Panel finds antitrust laws apply to Wall Street maneuvers."

In other news, "9th Circuit ADR Case Tests Court's Role as Referee."

And in news from Georgia, "Slain Judge's Widow to Sue Fulton County, Sheriff."
Posted at 06:44 AM by Howard Bashman



Wednesday, September 28, 2005


"Roberts Near Becoming Next Chief Justice": Jesse J. Holland of The Associated Press provides this report.
Posted at 08:58 PM by Howard Bashman



The U.S. Senate will vote at 11:30 a.m. tomorrow on the nomination of John G. Roberts, Jr. to be Chief Justice of the United States: Details here. The vote tally should be announced shortly after noon on the east coast.

Here's a sampling of blog posts on what awaits the Nation's next Chief Justice. "The Superficial" offers a post titled "Anna Nicole Smith wastes the Supreme Court's time." "Gawker" asks, "Anna Nicole Smith to Give John Roberts a Lapdance?" "The Letter D" offers a post titled "This Is Why The Selection of Supreme Court Justices Is Important." "The Reaction" has a post titled "Sign of the Apocalypse #20: Anna Nicole Smith goes to Washington." "Dancing Pedestrian" asks "Which is the MOST Distressing?" Just in case Anna Nicole decides to go pro se, you can sample her National Enquirer blog posts via this link.
Posted at 05:10 PM by Howard Bashman




"Fashion Trash Talk Is a Big Blog Hit For the 'Fug Girls'; Savoring the Frightfully Ugly, They Savage Celebrities; Paris Hilton's 'Accident'": A blog is the subject of this front page article (free access) published today in The Wall Street Journal.
Posted at 04:28 PM by Howard Bashman



In news from Holland: Gina Holland of The Associated Press reports that "O'Connor Ready for Life After High Court." And The AP's Jesse J. Holland reports that "Dems Vow Battle Over Ideologue Nominees."

Meanwhile, in other news, The AP reports that "Court to Hear Oregon Suicide Law Case."
Posted at 04:00 PM by Howard Bashman




"Ohio Supreme Court hears Norwood case": The Cincinnati Enquirer provides a news update that begins, "The Ohio Supreme Court listened today to arguments for and against demolishing two of the three houses still standing on the site of the planned Rookwood Exchange office-retail-condo development in Norwood. The two property owners, Joy and Carl Gamble Jr. and Joe Horney, are fighting to get their houses back. They want the Ohio Supreme Court to prevent the project developer, Rookwood Partners, from tearing down their houses while they try appeal two lower court decisions supporting Norwood's use of eminent domain to seize the properties."

The Supreme Court of Ohio's web site provides this background on the case. You can view online archived video of today's oral argument by clicking here (RealPlayer required).
Posted at 03:33 PM by Howard Bashman




"Professor Irving compares Australian and U.S. court nominations": Harvard Law School issued this news release today. This past Saturday, Law Professor Helen Irving had an op-ed entitled "Judging the judges" in The Sydney Morning Herald. And today, The Australian contains an editorial entitled "Let's not turn our judges into politicians."
Posted at 03:20 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Second Circuit: Big cases appear to be the order of the day.

One decision, which reinstates antitrust claims that the trial court dismissed, begins: "Plaintiffs allege an epic Wall Street conspiracy. They charge that the nation's leading underwriting firms entered into illegal contracts with purchasers of securities distributed in initial public offerings."

And today's other noteworthy decision begins, "This appeal involves challenges to certain state statutes enacted pursuant to the $206 billion dollar Master Settlement Agreement ('MSA') settling litigation between forty-six states, as well as the District of Columbia and five U.S. territories, and the four major tobacco companies."
Posted at 02:55 PM by Howard Bashman




Available online from Harvard Law School: Yesterday, the law school posted a news release entitled "Justices Breyer and Scalia talk with British counterparts."

Two Sundays ago, the law school posted online a news release entitled "Tribe to deliver 'Constitution Day' lecture." The lecture, titled "Remembering the Constitution's Future: Anticipating the Roberts Legacy," can be viewed online by clicking here (RealPlayer required).

Earlier, the law school posted online the text of an interview titled "Tribe reflects on Supreme legacies."
Posted at 02:44 PM by Howard Bashman




"Those long, long law firm names grow short&snappy": The Boston Globe contains this article today.
Posted at 02:35 PM by Howard Bashman



"Teacher Says Board Effort on Evolution Was Resisted": This article appears today in The New York Times.

The Washington Post reports today that "Intimidation Alleged On 'Intelligent Design'; Teacher Cites School Board Pressure."

The Philadelphia Inquirer contains an article headlined "Testimony: Creationism was pressed."

The Pittsburgh Post-Gazette reports that "Intelligent design tied to creationism in Dover trial."

The Harrisburg Patriot-News reports that "Religious idea forced on classes, court told; Witnesses say some on Dover board had anti-evolution bias."

And The York (Pa.) Daily Record contains articles headlined "Discussing Dover's past: Witnesses testified that board members had a history of talking about creationism"; "Reporters refuse to answer queries; The correspondents appeared for depositions but invoked their reporter's privilege"; and "Defense: Plaintiffs' witness helped; The Brown professor said university teaching can't be compared to public schools." Today's newspaper also contains an Editor's Note and an op-ed by columnist Mike Argento entitled "The worst job: Teaching science in Dover."
Posted at 12:44 PM by Howard Bashman




"U.S. Judges, ABA Assail Death Row Appeals Bill": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 12:30 PM by Howard Bashman



"High court to rule on validity of parolee search": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The U.S. Supreme Court took up a Bay Area man's appeal Tuesday to decide whether police may search paroled California prisoners or their homes even if officers have no evidence of wrongdoing."
Posted at 11:50 AM by Howard Bashman



"Supreme Court will decide ex-playmate's claim to fortune; Battle over Marshall estate hinges on who has jurisdiction": This article appears today in The Houston Chronicle.

And today in The Washington Post, Charles Lane has an article headlined "Supreme Court to Weigh In on Anna Nicole Smith's Inheritance Case."
Posted at 11:45 AM by Howard Bashman




Goodbye Justice Antonin Scalia bobblehead doll certificate, hello Justice Antonin Scalia bobblehead doll: Today I begin the process of redeeming my Green Bag-issued certificate for a Justice Antonin Scalia bobblehead doll. For the benefit of those who aren't Green Bag subscribers (as all should be), here's what a certificate looks like (except the original is in full color, contains a number and the recipient's name and address, and is embossed with the official Green Bag seal).
Posted at 11:20 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Bush Near End of O'Connor Successor Search" and "GOP Hopes for Another Smooth Confirmation."

Meanwhile, in other news, "Tribune Plans Appeal of Tax Ruling." "TaxProf Blog" offers this post, containing additional links of interest, on the Tribune tax matter.
Posted at 11:00 AM by Howard Bashman




"Filibuster Showdown Looms In Senate; Democrats Prepare For Next Court Pick": This article appears today in The Washington Post.

Today in The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "For the right, a Bush IOU is supreme."

The Times & Democrat of Orangeburg, South Carolina reports that "Speculation has Orangeburg's Karen Williams as top choice for court."

The Washington Times reports that "'Gang of 14' backing Roberts."

The Detroit Free Press reports that "Levin to vote for Roberts."

The Hartford Courant reports that "Dodd, Lieberman Back Roberts; Senators, In Floor Speeches, Say Bush Nominee Highly Qualified."

And The Providence Journal reports that "Reed says he'll oppose confirmation of Roberts."
Posted at 07:20 AM by Howard Bashman




"Justices Take On Spending Limits for Candidates": Linda Greenhouse has this article today in The New York Times, along with an article headlined "Supreme Court to Determine Fate of Business Tax Credits."

In The Los Angeles Times today, David G. Savage reports that "Supreme Court to Review Rules on Election Spending." And in related news, "Justices to Hear Case With Celebrity Twist."

In USA Today, Joan Biskupic has articles headlined "Court to review limits on candidates' spending; Issue: Does Vermont campaign law violate free-speech rights?" and "Justices to hear Anna Nicole case."

The New York Daily News contains an article headlined "Anna gets her day in high court" that begins, "Ex-stripper Anna Nicole Smith's ample assets will be in the hands of soon-to-be-confirmed chief justice John Roberts."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court returns to campaign finance law."

The Washington Post reports that "Court to Rule on Building Incentives; Tax Breaks Used Commonly as Lure."

The Detroit Free Press reports that "High court takes DCX case; Justices to review Ohio's Jeep tax incentives."

The Louisville Courier-Journal reports that "Court to rule on tax breaks; States use incentives to lure businesses."

The Washington Times reports that "Justices to mull business tax lures."

And The Cincinnati Post contains an editorial entitled "The war between the states."
Posted at 07:14 AM by Howard Bashman




"Libel Memorandum Attributed Falsely to Court Nominee": Adam Liptak has this high-profile correction today in The New York Times. The correction pertains to Liptak's article headlined "Clues on How Roberts Might Rule on Libel" published in yesterday's newspaper.
Posted at 07:00 AM by Howard Bashman



"Gonzales avoids Supreme question; U.S. attorney general in Tallahassee to meet governor, speak to state workers": This article appears today in The Tallahassee Democrat.
Posted at 06:58 AM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "To Kick Off the Term, a High Court Glitch."

And in news from California, "How Did an L.A. Firm Become a Magnet for Supreme Court Clerks?"
Posted at 06:35 AM by Howard Bashman



Tuesday, September 27, 2005


"Dover board members accused of pushing creationism": The Philadelphia Inquirer provides this news update.

The Associated Press reports that "Witness Says Pa. Board Was Anti-Evolution."

The Knight Ridder Newspapers report that "Scientific support for 'intelligent design' disputed."

The York (Pa.) Daily Record today contains articles headlined "Dover's test begins; As the trial got under way, a scientist testified intelligent design is 'dangerous'"; "Defense: It isn't about religion; Attorneys said the board did not consider intelligent design religious"; and "Institute: Both sides wrong; Two members of the Discovery Institute attended the trial but did not participate."

Yesterday's edition of The York Daily Record contained articles headlined "Board ready for trial; Dover Area board's former president said he's prepared to take the stand" and "Pastor: 'I see a designer'; A school official said intelligent design is not an attempt to push religion."

Finally for now, today's broadcast of NPR's "Day to Day" contained a segment entitled "Slate's Jurisprudence: Battle over 'Intelligent Design'" (RealPlayer required) featuring Dahlia Lithwick.
Posted at 09:00 PM by Howard Bashman




"Supreme Court to Weigh in on Campaign Spending Limits; High court will also decide on state tax breaks for corporations and the right to stop and search parolees": David G. Savage of The Los Angeles Times provides this news update.

Linda Greenhouse of The New York Times has a news update headlined "Justices Agree to Review Campaign Spending Limits."

And in Wednesday's edition of The Washington Post, Charles Lane will have an article headlined "High Court to Decide Campaign Finance Cases."
Posted at 08:44 PM by Howard Bashman




"Pennsylvania Court Says Children's Welfare Comes Before Rights of Biological Parent in Case Involving Lesbian Mothers": Lambda Legal Defense and Education Fund has issued this press release today in connection with a not-for-publication ruling that a three-judge panel of the Superior Court of Pennsylvania issued yesterday. The brief that Lambda Legal filed in the case can be accessed here. The Pa. Superior Court does not post its not-for-publication rulings online.
Posted at 07:00 PM by Howard Bashman



"Judge upholds state's rejection of 'choose life' plate": The AP provides this report on a ruling that the U.S. District Court for the District of Arizona issued yesterday.
Posted at 06:54 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "High Court Selection Process Winds Down" and "GOP Presses Dems on Second Court Nominee."
Posted at 06:50 PM by Howard Bashman



"Dodd, Lieberman Support Roberts": The Hartford Courant provides this news update.

And The Associated Press reports that "Levin to support Roberts' nomination to Supreme Court."
Posted at 04:00 PM by Howard Bashman




"Bush Close to Concluding Talks on Next Court Choice": Bloomberg News provides this report.
Posted at 03:45 PM by Howard Bashman



"Supreme Court to Review Anticipatory Search Warrants": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 03:40 PM by Howard Bashman



"Steppingstone Court Scores Another One": The Associated Press provides this report.
Posted at 02:45 PM by Howard Bashman



"Ninth Circuit Applauds Judicial Conference Stance on Circuit Split": The Ninth Circuit's Public Information Office issued this news release yesterday.
Posted at 01:15 PM by Howard Bashman



"Chief Justice Roberts: Will He Ditch the Gold Stripes?" The blog "Underneath Their Robes" offers these thoughts.
Posted at 12:20 PM by Howard Bashman



En banc Eighth Circuit divides equally over whether district court abused its discretion by departing downward 75 percent for substantial assistance in sentencing defendant indicted for conspiracy to distribute 500 grams or more of methamphetamine: As a result of the en banc court's deadlock, the trial court's sentence is affirmed. Today's en banc order can be accessed here, while the since-vacated opinion by a unanimous three-judge Eighth Circuit panel affirming the sentence is here.
Posted at 11:40 AM by Howard Bashman



"Court returns to campaign finance issues": Lyle Denniston provides this report online at "SCOTUSblog."
Posted at 11:11 AM by Howard Bashman



U.S. Supreme Court agrees to decide constitutionality of preferential tax incentives: "TaxProf Blog" provides this report. My earlier coverage of the Sixth Circuit's ruling can be accessed here and here.
Posted at 10:55 AM by Howard Bashman



"Federal Government Renews Effort to Curb Porn": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." According to the segment, the federal government's appeal in the Extreme Associates case will be argued before the U.S. Court of Appeals for the Third Circuit next month. The trial court's opinion can be accessed here, and news coverage of that ruling is collected here.
Posted at 10:44 AM by Howard Bashman



"Nomination Could Soon Follow Roberts Vote": Jesse J. Holland of The Associated Press provides this report.
Posted at 10:40 AM by Howard Bashman



"Toward the Framers' Understanding of Advice and Consent: An Historical and Textual Inquiry." This article (abstract with link to download) by Adam J. White will appear in the Fall 2005 issue of the Harvard Journal of Law and Public Policy. The article concludes that "'advice and consent,' as likely understood by the Framers, did not include an implicit Senate obligation to act on judicial nominations."
Posted at 10:30 AM by Howard Bashman



"JAGS Not Welcome: America's top law schools try to figure out a way around the Solomon Amendment." Scott Johnson has this essay online at The Weekly Standard.
Posted at 10:00 AM by Howard Bashman



"US court to decide Ohio tax credit for Jeep plant": James Vicini of Reuters provides this report.
Posted at 09:54 AM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Anna Nicole's Case Goes to Supreme Court" and "Supreme Court to Review Tax Incentives."

And in other news, "High Court to Hear Campaign Finance Cases" and "Court to Decide Case on Police Searches."

My coverage of the Ninth Circuit's ruling in the Anna Nicole case can be accessed here.
Posted at 09:44 AM by Howard Bashman




Today's U.S. Supreme Court Order List: The Order List, by means of which the Court agreed to hear eleven new cases, can be accessed at this link. "SCOTUSblog" describes here what issues the cases present. And Law Professor Rick Hasen, at his "Election Law" blog, asks whether today's cert. grants will herald a new era in the Court's campaign finance jurisprudence.
Posted at 09:30 AM by Howard Bashman



"Evolution Lawsuit Opens in Pennsylvania": The New York Times contains this article today.

The Washington Post reports today that "Pa. Case Is Newest Round in Evolution Debate; 'Intelligent Design' Teaching Challenged."

The Chicago Tribune reports that "Intelligent design duels Darwin in 'Scopes II'; In a federal case that could echo across U.S., parents argue school district flouts Constitution."

The Philadelphia Inquirer contains an article headlined "First day for trial on 'intelligent design'; The case pits the Dover Area School District against eight families who say the teaching violates church and state."

The Atlanta Journal-Constitution reports that "Intelligent design suit inspired by local man's ideas."

Newsday reports that "Evolution controversy intensifies; Families sue after school board says 'intelligent design' should be addressed in science curriculum."

The Allentown Morning Call reports that "'Intelligent design' goes on trial."

The Harrisburg Patriot-News contains articles headlined "Professor says Dover 'misleads' students; Science-class text creates confusion, witness tells court" and "Harrisburg finds itself in the spotlight."

And The News Journal of Wilmington, Delaware reports that "Del. schools sticking with evolution."
Posted at 07:10 AM by Howard Bashman




"Roberts Debate Starts, but Outcome Is Clear": This article appears today in The New York Times, along with an article by Adam Liptak headlined "Clues on How Roberts Might Rule on Libel."

Today in The Wall Street Journal, Jess Bravin has an article headlined "Assessing a Wishlist for the Justice System; Changes on Supreme Court Could Advance Goals Of Reagan-Era Document on Constitution" (free access).

The Houston Chronicle reports that "Bush hints 'diversity' will guide next pick; His choice could make history with a Hispanic justice."

The Pittsburgh Post-Gazette reports that "President signals diversity influencing next top-court pick; Roberts vote likely to occur by Thursday" and "Specter asks Supreme Court to let TV cover its sessions."

Newsday reports that "Bush must choose his battles; His popularity depressed, the president has to decide how much he's willing to fight for next court pick."

The San Francisco Chronicle contains an article headlined "A prequel for the next showdown: Shadow falls on beginning of Roberts hearing in the full Senate."

The Los Angeles Times reports that "4 Democrats on '08 List to Vote Against Roberts; Some say the senators' decisions have a strong political dimension; Party activists are insisting that candidates staunchly resist Bush."

The Washington Times reports that "Roberts seen headed to easy Senate confirmation."

And The Hill reports that "Leahy felt blindsided by Sen. Reid."

In commentary, The Day of New London, Connecticut contains an editorial entitled "Confirm Judge Roberts: Legal brilliance, experience commend him for the Supreme Court."

The Washington Times contains an op-ed by Bruce Fein entitled "Under the law."

And in The Washington Post, columnist George F. Will has an op-ed entitled "For Roberts, Hubris And Heartstrings...," while columnist Richard Cohen has a companion op-ed entitled "...And an Easy Life With Easy Answers."
Posted at 06:50 AM by Howard Bashman




"Bush Lawyers Ask Justices to Revive Limit on Abortion; The appeal seeks to reinstate a late-term ban that has been ruled unconstitutional": David G. Savage has this article today in The Los Angeles Times.
Posted at 06:45 AM by Howard Bashman



Available online from law.com: An article reports that "Senator Seeks to Block Use of Eminent Domain for Private Gain."

And in other news, "Fla. Justices: Gun Maker's Insurance Doesn't Cover Cities' Suits."
Posted at 06:33 AM by Howard Bashman



Monday, September 26, 2005


With just under four days to go, the high bid on a Chief Justice William H. Rehnquist bobblehead doll being auctioned at eBay has reached only $102.50: You can view the complete listing at this link. Just the other day, one of these sold at auction on eBay for a whopping $2,151.99.
Posted at 09:00 PM by Howard Bashman



"Solomon Brief Tackles Federal Aid; Friend-of-the-court brief argues amendment justifies funding to universities": This article appears today in The Harvard Crimson.
Posted at 08:44 PM by Howard Bashman



"Justice Breyer Proposes a New Path for the Post-Rehnquist Court": Adam Cohen has this Editorial Observer essay today in The New York Times.
Posted at 08:42 PM by Howard Bashman



"John Roberts v. Thurgood Marshall: In 1954, the Supreme Court thought it had ended public school segregation; It was wrong." Nat Hentoff has this essay online today at The Village Voice.
Posted at 08:40 PM by Howard Bashman



"Sources: Bush could announce next court pick Friday." CNN.com provides this report.

And Bloomberg News reports that "Senators Urge Moderate for Next High Court Vacancy."
Posted at 08:24 PM by Howard Bashman




"Pentagon announces further delay in Hicks case": Reuters provides this report. My earlier coverage is here.
Posted at 08:20 PM by Howard Bashman



Last Thursday's Sixth Circuit order staying Ohio's abortion law: Available here.
Posted at 05:12 PM by Howard Bashman



Senior circuit judge's general discussion five years ago about possibly retiring from the bench and then working for a law firm representing a party in an appeal now pending before that judge does not provide a basis for recusal: Senior Second Circuit Judge Ralph K. Winter issued this opinion today explaining the basis for his decision not to recuse from hearing an appeal.
Posted at 05:00 PM by Howard Bashman



"Young John Roberts: Reasonable On Civil Rights." Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 04:52 PM by Howard Bashman



"We will attempt to reopen on Tuesday the 27th, and ask all employees to make all reasonable efforts to be in Houston for work on that date." The U.S. Court of Appeals for the Fifth Circuit provides this notice at that court's web site.
Posted at 04:50 PM by Howard Bashman



Access online the federal government's petition for writ of certiorari asking the U.S. Supreme Court to uphold the constitutionality of the federal Partial-Birth Abortion Ban Act of 2003: I have posted a copy of the cert. petition online at this link.
Posted at 03:30 PM by Howard Bashman



"Science vs. religion disquiets small Pa. town": This article appears today in The Philadelphia Inquirer.

Relatedly, this week's "Debate Club" feature at legalaffairs.org between Francis J. Beckwith and Douglas Laycock is titled "Is Teaching Intelligent Design Illegal?"
Posted at 02:30 PM by Howard Bashman




The Associated Press is reporting: Now available online is an article headlined "Supreme Court May Hear Abortion Case."

And Jesse J. Holland reports that "Senate Begins Debate on Roberts Nomination."
Posted at 02:03 PM by Howard Bashman




"Uncomfortable Positions: Roberts will be confirmed; But Democrats shouldn't embrace him." John B. Judis has this essay (pass-through link) today online at The New Republic.

And last Friday, The Nation posted online an essay by Bruce Shapiro entitled "The Roberts Converts."
Posted at 01:48 PM by Howard Bashman




"Government appeals on abortion ban": Lyle Denniston provides this report at "SCOTUSblog." My earlier coverage of the Eighth Circuit's ruling can be accessed here.
Posted at 12:35 PM by Howard Bashman



"'Intelligent Design' Court Battle Begins": The Associated Press provides this report.
Posted at 12:25 PM by Howard Bashman



"4 First Amendment cases on fall docket": Tony Mauro provides this report online at the First Amendment Center.
Posted at 12:00 PM by Howard Bashman



Proceedings in the military trial of Australian Guantanamo prisoner David Hicks have been postponed: The presiding officer in United States v. Hicks issued this order last Friday. Under the new schedule, preliminary motions won't be heard until November 18, 2005.

Just last week, it was widely reported that preliminary motions would be heard in the Hicks case as early as October 3, 2005. Reuters reported last week that "US to resume trial of Australian Guantanamo inmate" and "Defense not ready for Australian's Guantanamo trial." The Australian reported last week that "Hicks to face hearing within 30 days." And The Age of Mebourne published an article headlined "OK for Hicks trial 'an abomination.'"

In today's other development, Reuters reports that "Australian held in Guantanamo seeks UK passport." The Age today contains an article headlined "Hicks aims yorker at trial plan" and provides an online news update headlined "Citizenship bid may be too late for Hicks." The Sun (UK) provides a news update headlined "Terror man's Brit bid." And The Sydney Morning Herald on Tuesday will report that "Delay in citizenship bid pits Hicks against time."
Posted at 10:40 AM by Howard Bashman




A/k/a "Guilty-Until-Proven-Innocent"? Saturday's edition of The Daily Local News of West Chester, Pennsylvania contained an article headlined "Lawyer: Client not a 'Scuz'" that begins, "The Merriam-Webster Dictionary, 11th edition, defines scuzzball as 'an unpleasant, dirty or dangerous person; creep.' It defines scuzzy as 'dirty, shabby or foul in condition or nature.' Court-appointed defense attorney Laurence Harmelin, citing the dictionary notation, contends that his client, accused killer Demetrius 'Scuz' Fiorentino, is neither. Harmelin asked Common Pleas Court Judge Phyllis Streitel Friday to preclude any references to Fiorentino's nickname in the upcoming murder trial."
Posted at 09:40 AM by Howard Bashman



"Roberts Confirmation Heads to Senate Floor": Jesse J. Holland of The Associated Press provides this report.

The debate on the floor of the U.S. Senate over the nomination of John G. Roberts, Jr. to be Chief Justice of the United States will begin at 1 p.m. today and can be viewed live online via C-SPAN2 (RealPlayer required). In addition, last Thursday's vote of the Senate Judiciary Committee can be viewed at this link (RealPlayer required).
Posted at 09:30 AM by Howard Bashman




"Pa. Case Weighs Intelligent Design in Schools": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:25 AM by Howard Bashman



"Scalia Defends Government's Right to Deny Art Funds": This article appeared Friday in The New York Times (via "Underneath Their Robes").

And in related news, an article headlined "A Justice as Parade Leader" begins, "Justice Antonin Scalia of the United States Supreme Court will serve as grand marshal for the Columbus Day Parade in Manhattan this year, the parade's organizers said yesterday."

Finally, nineteen years ago today, "William H. Rehnquist was sworn in as the 16th chief justice of the United States, while Antonin Scalia joined the Supreme Court as its 103rd member."
Posted at 08:18 AM by Howard Bashman




"Blawg Review #25": Just posted here.
Posted at 08:15 AM by Howard Bashman



"Bush Again Faces Tough High Court Choice": David G. Savage and Richard B. Schmitt have this article today in The Los Angeles Times.

USA Today reports today that "Roberts has solid support as final debate begins; Colo. Democrat Salazar backing Bush's nominee for chief justice."

The Rocky Mountain News reports that "Salazar to back Roberts; Senator based decision on chief justice nominee's assurances in 5 key areas."

The Denver Post reports that "Salazar to back Roberts for court; Judge 'will not have an agenda'; The nominee's concern about his own daughter's future was a factor, the Colorado senator says."

The Washington Times reports that "Roberts vote splits Democrats."

In The Pittsburgh Post-Gazette, Michael McGough has a news analysis headlined "Bush must avoid court nominee who is out of mainstream."

And The Savannah (Ga.) Morning News reports that "Savannah attorney is dead ringer for Roberts."

In commentary, The St. Petersburg Times contains an editorial entitled "How would Roberts rule?"

The New York Sun contains an editorial entitled "Unpacking the Court."

The Los Angeles Daily News contains an editorial entitled "Confirmation time: Roberts deserves to be chief justice."

The News Journal of Wilmington, Delaware contains an editorial entitled "Privacy is the starting point for precedents and future court cases."

The Allentown Morning Call contains an editorial entitled "As Judge Roberts heads to confirmation."

In this past Saturday's edition of Weekend Journal, Melanie Kirkpatrick had an op-ed entitled "Chick List: A look at the women who may replace Justice O'Connor."

In The South Florida Sun-Sentinel, U.S. Senator Larry Craig (R-ID) today has an op-ed entitled "Congress oversteps bounds intervening in case."

And in The Denver Post, columnist Jim Spencer has an op-ed entitled "Salazar's gut choice defies logic."
Posted at 06:45 AM by Howard Bashman




"A Web of Faith, Law and Science in Evolution Suit": This article appears today in The New York Times.

And The Los Angeles Times reports that "'Intelligent Design' Trial Begins Today; A court case brought by parents in Pennsylvania could have a profound impact on America's debate over religion and its role in public life."

Meanwhile, last Friday's edition of The York Daily Record reported that "Spotlight baffling Dover; Many aren't aware the intelligent-design lawsuit has gained national attention." Additional coverage, published in yesterday's newspapers, is available here.
Posted at 06:40 AM by Howard Bashman




Justice Antonin Scalia bobblehead doll sells at eBay auction for $361.00: Who says playing hard-to-get doesn't pay?
Posted at 06:30 AM by Howard Bashman


Sunday, September 25, 2005


"Court test is near for 'intelligent design'": The Philadelphia Inquirer today contains an article that begins, "America's culture war moves tomorrow to a federal courtroom in Harrisburg, where religion, science and law will collide in a closely watched trial over the teaching of evolution in public schools."

The Pittsburgh Post-Gazette reports today that "'Intelligent design' supporters to state their case in court."

The York (Pa.) Daily Record today contains articles headlined "Dover's battle: What's at stake during trial? Opening arguments to begin Monday in Kitzmiller vs. Dover"; "Plaintiffs say they're ready for trial, its end; Some have gotten only positive feedback since filing the lawsuit"; and "Reporters face First Amendment dilemma; Freelance writers must decide if they'll answer questions." The newspaper also contains an editorial entitled "Dover on trial: The intelligent design trial puts county in a bad light," while columnist Mike Argento has an op-ed entitled "All the monkey business starts tomorrow."

And Newhouse News Service reports that "In Pennsylvania, challenge to evolution in public schools gets day in court."
Posted at 06:00 PM by Howard Bashman




With a little more than seven hours until the auction ends, the high bid on a Justice Antonin Scalia bobblehead doll being auctioned at eBay is $257.00: You can view the listing here and keep track of the bidding here.

My quest for a secure and reliable way in which to redeem remotely my Justice Scalia bobblehead doll certificate has ended favorably, as a member of the mainstream media who covers the U.S. Supreme Court has kindly offered to redeem my certificate at the same time that the correspondent redeems his/her own certificate.

Meanwhile, another reader emails:

I just used D.C. Courier to have my Scalia bobblehead doll picked up and shipped via FedEx to Los Angeles. Their fee was under $30.00 and it cost another $15 to have it shipped to me (I got it the next day). Their service was 1st-rate and I highly recommend them to your readers. I just mailed them the certificate and they did everything else.
Some may recall that I was willing to pay up to $50 to have my Justice Scalia bobblehead doll retrieved and shipped to me before someone whom I have befriended through this blog offered to take care of it free of charge.
Posted at 04:35 PM by Howard Bashman



Meth mother's-milk murder conviction misbegotten, appellate court says: The Los Angeles Times on Thursday reported that "Meth Murder Verdict Voided; On appeal, the Riverside County conviction of a mother is blamed on judge's error."

The Press-Enterprise of Riverside, California reported that "Appellate court reverses murder conviction; Judges say a mom whose breast milk killed her baby didn't deserve the charge."

And The North County Times reported that "Appellate court overturns baby-death conviction."

You can access this past Wednesday's ruling of the California Court of Appeal for the Fourth District, Division Two, at this link.
Posted at 12:20 PM by Howard Bashman




"Democrats and John Roberts": This editorial appears today in The Chicago Tribune.

The Washington Times contains an editorial entitled "Thoughts on associate justices."

The St. Petersburg Times today contains an editorial entitled "Judge Roberts, meet Jose Padilla."

Newsday contains an editorial entitled "What are the Democrats afraid of?"

The South Florida Sun-Sentinel contains this editorial supporting the confirmation of John G. Roberts, Jr. for Chief Justice of the United States.

The Sentinel of Carlisle, Pennsylvania contains an editorial entitled "Calm confirmation appreciated."

In The Chicago Sun-Times, Robert Novak has an op-ed entitled "Leahy's vote for Roberts part of Democrats' strategy." Mark Steyn has an op-ed entitled "Politicians not giving us much of a choice." And Carol Marin has an op-ed entitled "Obama dissent gets thumbs up."

In The Ventura County Star, Stanislaus Pulle has an op-ed entitled "Agendas erode Constitution." And Susan Goodkin has an op-ed entitled "Court contender takes judicial-activism prize."

In The San Francisco Chronicle, Steven Hill has an op-ed entitled "The case for limits on terms of justices; Forced retirement is one possibility."

And in The Press-Enterprise of Riverside, California, Dan Bernstein has an op-ed entitled "Try this at home" that begins, "There's no doubt that John Roberts will be the next chief justice, because nobody knows what he'll do when he gets to the Supreme Court."
Posted at 11:55 AM by Howard Bashman




"Party of choice? How pro-choice groups are hurting the Democrats -- and their own cause." The Ideas section of today's edition of The Boston Globe contains this article.
Posted at 11:45 AM by Howard Bashman



"O'Connor notes 'larger-than-life' justices": The Chicago Sun-Times contains this article today.
Posted at 11:40 AM by Howard Bashman


Saturday, September 24, 2005


"Bush Faces Pressure to Diversify Supreme Court; Hispanic Group Says Votes Are at Stake as Some Conservatives Urge a Nomination on Philosophy Only": This article will appear Sunday in The Washington Post.

Sunday's edition of The Telegraph (UK) contains an article headlined "The private thoughts of Chief Justice Roberts."

And The Arizona Republic on Sunday will contain an editorial entitled "Fit for the bench: John Roberts has shown he is clearly suited to lead our highest court."
Posted at 11:50 PM by Howard Bashman




"Justice: Personal History Offers Judicial Insight; Sandra Day O'Connor Delivers Address Saturday Night." The Associated Press provides this report from Chicago.
Posted at 11:45 PM by Howard Bashman



"Academic blogs offer political insight; Law professor started what has become a hot spot on the web": The UCLA Daily Bruin offers this profile of "The Volokh Conspiracy."
Posted at 11:33 PM by Howard Bashman



"Bill Would Permit DNA Collection From All Those Arrested": This article appears today in The Washington Post.
Posted at 10:48 PM by Howard Bashman



"Teen hit by baseball won't get $340,000": Bob Egelko had this article in yesterday's edition of The San Francisco Chronicle. You can access Wednesday's not-for-publication ruling of the California Court of Appeal for the First Appellate District at this link.
Posted at 04:54 PM by Howard Bashman



"Stabenow to vote against Roberts": This article appears today in The Macomb (Mich.) Daily.

And The Amarillo Globe-News today contains an editorial entitled "Democrats Biden their time, while attacking Roberts."
Posted at 03:50 PM by Howard Bashman




"Next Court Nominee May Face Challenges From G.O.P.": Sunday's edition of The New York Times will contain this article.
Posted at 12:55 PM by Howard Bashman



"Bayh says he'll vote against Roberts; Exploration of presidential bid has 'zero' to do with decision, senator says": This article appears today in The Indianapolis Star.

The Rocky Mountain News reports today that "Salazar close to decision on Roberts; Senator to make announcement Sunday in Denver."

The Denver Post reports that "Salazar meets with Roberts, mulls vote."

The Minneapolis Star Tribune reports that "Dayton says he'll vote not to confirm Roberts."

And The Providence Journal reports that "Chafee's support for Roberts 'disturbs' women's advocates."

In commentary, The Washington Post contains an editorial entitled "The Right Vote."

The Journal and Courier of Lafayette, Indiana contains an editorial entitled "Who would Bayh confirm to high court?"

The News Journal of Wilmington, Delaware contains an editorial entitled "Vote on Judge Roberts had a distinct political leaning toward 2008."

The Huntsville Times contains an editorial entitled "Headed for the court: Roberts to be OK'd, but the next nominee will face closer scrutiny."

And The Roanoke Times contains an editorial entitled "With confirmation of his nominee for chief justice of the Supreme Court virtually assured, President Bush has the opportunity to make good on at least one bit of soothing rhetoric: his pledge to be a uniter, not a divider."
Posted at 12:44 PM by Howard Bashman




"'Intelligent design' faces first big court test; Parents sue after alternate to evolution added to science curriculum": MSNBC provides this report.

In earlier coverage, The Harrisburg Patriot-News reported two Wednesdays ago that "Request to dismiss intelligent design challenge rejected."
Posted at 12:40 PM by Howard Bashman




"W&M looks at O'Connor's court role; The college's Supreme Court preview reflects on the retiring justice's judicial legacy": This article appears today in The Hampton Roads Daily Press.

The article also reports on a moot court hearing conducted at the event: "In this First Amendment case concerning a federal law requiring federally financed colleges and universities to allow military recruiters on campus, all 'justices' ruled in the government's favor Friday night - though in a disclaimer, some said the ruling didn't necessarily reflect their personal beliefs." The agenda for the event, which wraps-up today, can be viewed at this link.
Posted at 10:00 AM by Howard Bashman



Friday, September 23, 2005


"Bayh says he won't support Roberts nomination": The Indianapolis Star provides this news update.

Indian Country Today reports that "Roberts defended indigenous vote in Hawaii case."

And at Newsweek's web site, columnist Eleanor Clift has an essay entitled "The Wrong Battle: John Roberts is the best Supreme Court nominee a left-wing partisan could hope to get out of this White House; Could he someday be president?"
Posted at 11:10 PM by Howard Bashman




"Court In City Hears Falun Gong Torture Suit": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 11:00 PM by Howard Bashman



"With next round ahead, Roberts vote presents dilemma for Senate Democrats; The Senate Judiciary Committee Thursday voted to confirm chief justice nominee John Roberts 13-5": This article appears today in The Christian Science Monitor.
Posted at 10:44 PM by Howard Bashman



Available online from law.com: Marcia Coyle has an article headlined "Diversity Pool for High Court Justices Too Shallow?"

Shannon P. Duffy reports that "3rd Circuit Finds No 'Fraud on the Courts' in 50-Year-Old Case."

And in news from Georgia, "Deputy's Widow Planning to Sue Over Courthouse Shooting; Woman seeks $10M, says 'gross negligence' led to her husband's death."
Posted at 10:10 PM by Howard Bashman




"Kozinski Strikes Back": Ninth Circuit Judge Alex Kozinski has this essay today in The Recorder of San Francisco. The essay is in response to attorney Cyrus Sanai's essay published one week ago in The Recorder under the headline "Taking the Kozinski Challenge." The second-half of Judge Kozinski's essay is quite interesting indeed.
Posted at 08:50 PM by Howard Bashman



Back home: After an enjoyable trip to Lansing, Michigan, I'm pleased to be back at home in suburban Philadelphia.
Posted at 08:33 PM by Howard Bashman



At National Review Online: Byron York has an essay entitled "Getting Ready for the Next Time: The groups that tried to stop John Roberts vow to try even harder with the next nominee."

And Kathryn Jean Lopez has an essay entitled "Cut the 'No Boys Allowed' Crap: The president should appoint a qualified judge of his choosing to the Supreme Court -- male or female."
Posted at 11:40 AM by Howard Bashman




"As Democrats split, panel endorses Roberts": This article appears today in The Sacramento Bee.
Posted at 11:33 AM by Howard Bashman



Available online from National Public Radio: Yesterday evening's broadcast of "All Things Considered" contained segments entitled "Senate Committee Approves Roberts Nomination" (featuring Nina Totenberg) and "Leahy Backs Roberts Despite Initial Criticism."

And yesterday's broadcast of NPR's "Day to Day" contained a segment entitled "Senate Panel Votes 13-5 to Endorse Roberts."

RealPlayer is required to launch these audio segments.
Posted at 11:10 AM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Scalia on Art: He Who Pays Calls the Shots" and "Court Issues Stay on Ohio Abortion Law."
Posted at 10:55 AM by Howard Bashman



They've got questions, and he's got answers: I have posted online in three parts (here, here, and here) the written answers that Chief Justice nominee John G. Roberts, Jr. provided on Wednesday of this week in response to the written follow-up questions he received from various members of the Senate Judiciary Committee after Judge Roberts's oral testimony at the confirmation hearing had concluded.

As I earlier noted here, Jess Bravin and Jeanne Cummings had an article headlined "Roberts's Responses May Further Add to Debate" (pass-through link) in yesterday's edition of The Wall Street Journal.
Posted at 08:05 AM by Howard Bashman




"In Reversal, Harvard Takes Legal Action on Solomon Case; Brief by 7 schools urges Supreme Court to overturn military recruitment law": The Harvard Crimson contains this article today.

And The Yale Daily News reports today that "Yale files brief on JAG ban."
Posted at 06:44 AM by Howard Bashman




"Panel Approves Roberts, 13-5, as 3 of 8 Democrats Back Him": This article appears today in The New York Times.

The Washington Post today contains articles headlined "Senate Panel Endorses Roberts; Democrats Vow to Fight Next Nominee"; "Dissenting Opinions: Senators Cast Their Votes on John Roberts With an Eye on a More Decisive Battle to Come"; and "At Final Day of Roberts Hearings, Hatch Snaps...and Snaps."

The Los Angeles Times reports that "Roberts Wins Senate Panel's Backing; Five of eight committee Democrats decide not to recommend the chief justice nominee to the full chamber, which is to vote by Thursday."

In USA Today, Kathy Kiely and Joan Biskupic report that "Senate committee backs Roberts for chief justice."

The Boston Globe reports that "Roberts nomination heading to full Senate after panel's OK; Vote reflects deep split among Democrats."

In The Chicago Tribune, Jan Crawford Greenburg and Jill Zuckman report that "Panel OKs Roberts, looks ahead to the next nominee."

The Dallas Morning News reports that "Vote for Roberts comes with warning for Bush; Democrats on Senate panel say next nominee might not be so lucky."

Newsday reports that "Panel approves Roberts; Schumer in minority as committee votes 13-5 to recommend chief justice nominee; Senate vote next week."

The Pittsburgh Post-Gazette reports that "Chief justice nominee advances."

The Washington Times contains articles headlined "Judiciary Committee approves Roberts" and "Roberts' presentation fails senator's abortion test."

The Houston Chronicle reports that "Committee OKs Roberts' nomination; Final approval to be chief justice expected quickly."

The New York Sun reports that "Committee Sends Roberts to Full Senate."

The Hartford Courant reports that "Democrats Hesitant As Roberts Wins Vote; Easy Approval Seen For High Court Pick."

The San Francisco Chronicle reports that "Feinstein refuses to back Roberts in vote; 3 of 8 Democrats on panel back nominee, showing party's split on nomination strategy."

The Canton Repository reports that "Sen. DeWine votes in majority."

The Rocky Mountain News reports that "Salazar, Roberts to talk; Senator wants info from court nominee before casting vote."

The News Journal of Wilmington, Delaware reports that "Judiciary panel OKs Roberts; Biden registers one of five 'no' votes."

The Arkansas Democrat-Gazette reports that "Court OK seen low risk for senators."

The Fond Du Lac Reporter contains an article headlined "Bush's next nominee viewed as crucial."

The Telegraph (UK) reports that "Bush gets his man in Supreme Court."

The Harvard Crimson reports that "Senate Panel Approves Roberts; Alumnus of College, Law School now heads to full Senate for confirmation."

And The Daily Pennsylvanian reports that "Roberts likely to see quick confirmation; After sailing through committee with a 13-5 vote, Roberts nomination heads for floor vote."

In commentary, The Wilmington (N.C.) Star-News contains an editorial entitled "The next chief justice."

The Times Argus of Barre, Vermont contains an editorial entitled "The Roberts vote."

In The Los Angeles Times, David Gelernter has an op-ed entitled "Let's take abortion away from the court."

In The Boston Globe, columnist Ellen Goodman has an op-ed entitled "Where's Roberts's heart?" And columnist Scot Lehigh has an op-ed entitled "Kerry and Kennedy misfire."

In Newsday, James Klurfeld has an op-ed entitled "Roberts is right about putting aside the personal."

In The Washington Times, Edwin Meese III has an op-ed entitled "Supreme choice...," while Law Professor Nelson Lund has a companion op-ed entitled "...with encore."

In The Arizona Republic, the confirmation diary entry from U.S. Senator Jon Kyl (R-AZ) published today bears the heading "A few surprises surface at hearing."

Online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Confirmation Report: The way to a man's heart...."

FindLaw commentator John W. Dean has an essay entitled "How the U.S. Senate Can Obtain Information From Former Federal Government Employees Who Are Now Supreme Court Nominees: A New, More Direct Approach that Won't Require Fighting Over Records."

At Salon.com, Michael Scherer has an essay entitled "Get his robes ready: Conservatives gloat, senators posture and NPR's Nina Totenberg lobbies to protect her vacation plans as John Roberts' nomination sails through."

And in The Cavalier Daily, Allan Cruickshanks has an op-ed entitled "Robed rascals and lousy law interpretation."
Posted at 06:24 AM by Howard Bashman



Thursday, September 22, 2005


"In this case we decide whether the Government's assertion of military secrets privilege for an accident report discussing the October 6, 1948 crash of a B-29 bomber which killed three civilian engineers along with six military personnel, at Waycross, Georgia, was fraud upon the court." So begins an opinion that Senior Circuit Judge Ruggero J. Aldisert issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 09:34 PM by Howard Bashman



"Roberts wins Committee approval": Lyle Denniston has this report online at "SCOTUSblog."

The Los Angeles Times provides a news update headlined "Senate Judiciary Panel Votes for Roberts."

Ron Hutcheson of Knight Ridder Newspapers reports that "Roberts cruises toward confirmation; senators debate next nominee."

law.com reports that "Roberts Approved 13-5 by Senate Judiciary Committee."

The Associated Press reports that "Roberts Nomination Sent to Full Senate."

Thomas Ferraro of Reuters reports that "Senate panel backs Roberts."

And Bloomberg News reports that "U.S. Senate Panel Backs Roberts to Be Chief Justice."
Posted at 09:15 PM by Howard Bashman




"Justice Stevens is key to high court's future; It's not Sandra Day O'Connor's retirement that could threaten Roe v. Wade": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 08:55 PM by Howard Bashman



Greetings from Lansing, Michigan: Where earlier this evening, I had the pleasure of visiting the building that serves as the headquarters of the Supreme Court of Michigan.
Posted at 08:44 PM by Howard Bashman



Programming note: I'll be en route this afternoon to Lansing, Michigan, where tomorrow I'll be at The Thomas M. Cooley Law School to give a noontime speech to that law school's Federalist Society chapter. Additional posts should appear online later today.
Posted at 11:24 AM by Howard Bashman



Sixth Circuit refuses to recognize First Amendment right to confront Transportation Security Administration airport passenger security screeners with loud and profane language and belligerent conduct: Today's ruling of the U.S. Court of Appeals for the Sixth Circuit can be accessed at this link. Not that I've ever had this problem in the past, but this ruling conveniently issues a day before I'm scheduled to pass-through a Sixth Circuit-based airport security checkpoint on my trip home tomorrow from Lansing, Michigan.
Posted at 11:20 AM by Howard Bashman



"Feinstein Says She Will Vote 'No' on Roberts": The Los Angeles Times provides this news update.

Today in The San Francisco Chronicle, Bob Egelko has an article headlined "Roberts' ruling in Bush's favor debated; Terrorism case came as White House was interviewing him."

And The Sacramento Bee reports today that "Democratic leaders split on Roberts vote; The senators must make a difficult political calculation."
Posted at 11:15 AM by Howard Bashman




"Lockyer defends state's ban to appeals court": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 11:14 AM by Howard Bashman



"Study Finds Racial Imbalance on Death Row": David Kravets of The Associated Press provides this report.

And Claire Cooper, legal affairs writer for The Sacramento Bee, reports that "Study ties death sentences to victim's race; Killers of whites are more likely to face capital punishment in state, report finds."
Posted at 10:45 AM by Howard Bashman




"Feinstein to Vote Against Roberts": Jesse J. Holland of The Associated Press provides this report.
Posted at 10:30 AM by Howard Bashman



"Roberts's Responses May Further Add to Debate": Today in The Wall Street Journal, Jess Bravin and Jeanne Cummings have an article (pass-through link) that begins, "Chief justice nominee John Roberts, who gained a law-and-order reputation as deputy solicitor general and federal circuit judge, cast doubt on a 1958 Supreme Court precedent that underpins recent rulings finding the execution of juvenile offenders and the mentally retarded to be unconstitutional."
Posted at 10:24 AM by Howard Bashman



Access the agenda for today's executive business meeting of the Senate Judiciary Committee: At the mark-up this morning, the Judiciary Committee is expected to favorably report to the full U.S. Senate the nomination of John G. Roberts, Jr. to be Chief Justice of the United States.

The meeting is scheduled to begin at 9:30 a.m. eastern time, and C-SPAN3 will provide live coverage (RealPlayer and Windows Media Player).
Posted at 07:15 AM by Howard Bashman




"Stars off the bench: 3 women judges are a stellar monument to judicial independence." The Arizona Republic today contains an editorial that begins, "Monday's constellation of women judges at ASU's College of Law was the kind of celebrity show that should, but didn't, attract hordes of screaming fans and autograph hunters. Judge groupies? Silly idea? We don't think so."
Posted at 07:12 AM by Howard Bashman



"Chief Justice Vote Splits Top Democrats; Judiciary Committee member Patrick Leahy says he'll vote for John G. Roberts Jr.; The party has no unified strategy on the nomination": This article appears today in The Los Angeles Times.

In The Chicago Tribune, Jan Crawford Greenburg reports today that "Bush weighs political pros, cons of O'Connor's successor."

USA Today reports that "Key Democrat voices support for Roberts; Senators focus on second vacancy."

Charlie Savage of The Boston Globe reports that "Leahy, in surprise, voices support for Roberts; Kennedy, Kerry oppose court pick."

Luiza Ch. Savage, writing in Mcleans, has an article headlined "'Judges are like umpires'; The John Roberts hearings prove to be downright civilized."

The New York Sun reports that "Leahy Set to Back Judge Roberts For High Court."

The Washington Times reports that "Leahy backs Roberts nomination."

The Atlanta Journal-Constitution reports that "Roberts picks up key vote; Democrat praises 'man of integrity.'"

And The Rocky Mountain News reports that "Salazar unsure on Roberts vote; Both sides lobby Colo. senator; Udall endorses nominee."

In commentary, USA Today contains an editorial entitled "Despite lingering questions, Roberts merits confirmation; His keen legal mind, genial style a good fit for chief justice post," while Ralph G. Neas voices a different view in an op-ed entitled "Roberts a dangerous bet; Let's not risk our constitutional rights on his record, silence."

The Milwaukee Journal Sentinel contains an editorial entitled "Confirm John Roberts."

The Palm Beach Post contains an editorial entitled "Put Roberts on court; key choice is next one."

The Oakland Tribune contains an editorial entitled "Roberts deserves confirmation as chief justice."

The Indianapolis Star contains an editorial entitled "Roberts earns thumbs-up vote."

The Washington Times contains an editorial entitled "A legacy moment for Bush."

The Mobile Register contains an editorial entitled "Reid's racial remarks went beyond the pale."

The Birmingham News contains an editorial entitled "Vote on Roberts will tell story."

The Elmira (N.Y.) Star-Gazette contains an editorial entitled "Judging Mr. Roberts: Court nominee may surprise supporters, opponents once he becomes chief justice."

And in The Arizona Republic, the confirmation diary entry from U.S. Senator Jon Kyl (R-AZ) published today bears the heading "Leahy's vote all but cinches OK on Roberts."
Posted at 06:44 AM by Howard Bashman




"One nation, under judicial tyranny": Whitney Blake has this op-ed today in The Cavalier Daily.
Posted at 06:25 AM by Howard Bashman



"Professors Stand Up To Recruiters; Forty law faculty members file brief opposing military's presence on campus": This article appears today in The Harvard Crimson. A link to the brief can be accessed via this earlier post.
Posted at 06:24 AM by Howard Bashman



"Open up the system: Is Canada so lacking in outstanding jurists that it would suffer from losing the candidacy of those who cannot bear public scrutiny?" Today in The Toronto Star, Peter H. Russell has an op-ed that begins, "The great republic to the south is now engaged in yet another highly visible and political round of filling vacancies on its Supreme Court as the Senate's Judiciary Committee examines John Roberts."
Posted at 06:18 AM by Howard Bashman



"Unpublished rulings no longer out of cite; Unpublished appellate decisions now can be brought into cases": Josh Richman has this article today in The Oakland Tribune.
Posted at 06:14 AM by Howard Bashman



"Scopes, 2005: 'Design' Theory Faces Legal Test." This article (free access) appears today in The Wall Street Journal.
Posted at 06:11 AM by Howard Bashman


Wednesday, September 21, 2005


"Chicago attorneys are charged in rape of Wisconsin woman; Bail amounts upset some in community": The Chicago Tribune today contains an article that begins, "Two attorneys from prominent Chicago law firms are facing rape charges in Wisconsin after an encounter with a 27-year-old woman while on vacation in Green Lake County in August."

In earlier coverage, The Oshkosh Northwestern published articles headlined "Two charged in Green Lake rape" and "Illinois men appear on rape charges; Accused of assaulting a woman from Berlin."
Posted at 11:55 PM by Howard Bashman




"For purposes of Rule 54(b), vagueness and overbreadth are alternative theories underlying a single claim": Tenth Circuit Judge Michael W. McConnell today issued an interesting decision involving whether a valid partial final judgment existed in a case arising from a First Amendment challenge to a federal Bureau of Prisons regulation providing that inmates may not "act as [a] reporter" or "publish under a byline."
Posted at 11:44 PM by Howard Bashman



"HLS Professors file brief in Supreme Court case on military recruiting": Harvard Law School issued this press release today, and the amicus brief can be accessed here. The law school's related statement issued yesterday is here.
Posted at 11:33 PM by Howard Bashman



Fifth Circuit resolves cross-burning insurance coverage dispute: Today's ruling of the U.S. Court of Appeals for the Fifth Circuit, overturning a $10 million judgment against the insured, can be accessed at this link.
Posted at 11:20 PM by Howard Bashman



Available online from The Los Angeles Times: The newspaper's web site offers news updates headlined "Roberts Convinces Leahy to Vote 'Yes'"; "Striking Guantanamo Prisoners Seek Court's Help"; and "'Clinton,' 'Lewinsky' Brand Condoms Sold in China."
Posted at 11:00 PM by Howard Bashman



Not bad, but it's no Robby Gordon helmet: Bidding at eBay on a Justice Antonin Scalia bobblehead doll has reached the triple digits.
Posted at 10:50 PM by Howard Bashman



"2nd Court Nominee Expected to Endure Heat": This article will appear Thursday in The Washington Post.
Posted at 10:48 PM by Howard Bashman



In Thursday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Focus for Supreme Court Pick Is Said to Be on Diversity" and "Committee's Top Democrat Will Vote Yes on Roberts," along with a news analysis headlined "Among Democratic Activists, Little Indecision on Roberts."

Meanwhile, in other news, an article headlined "A Lion of the Courtroom Hears His Critics Roar" begins, "David Boies is a star in the courtroom, but his back-office operations are causing some headaches. Mr. Boies, who has presented himself as a white knight to troubled companies, has faced criticism in recent weeks over previously undisclosed ties to a document management firm that is partly owned by members of his family. Lawyers in some cases have assailed that relationship, contending that Mr. Boies's firm faces a conflict of interest when recommending the document management company, Amici, to a client without disclosing the family's financial interest." My earlier coverage of this matter can be accessed here and here (final item).
Posted at 10:30 PM by Howard Bashman




"Experts See Legal Abortion Without Roe": Jane Roh (yes, that's apparently her real name) has this report at FOXNews.com.
Posted at 10:24 PM by Howard Bashman



"Supreme Court's Ginsburg says at New York lecture 'any woman will not do'": The Associated Press provides a report that begins, "Ruth Bader Ginsburg told an audience Wednesday that she doesn't like the idea of being the only female justice on the U.S. Supreme Court. But in choosing to fill one of the two open positions on the court, 'any woman will not do,' she said."
Posted at 10:20 PM by Howard Bashman



Brief for Respondents filed today in the U.S. Supreme Court in the Rumsfeld v. FAIR Solomon Amendment case: You can access the Brief for Respondents at this link (very large PDF file). The federal government's Brief for Petitioners can be accessed here. Many additional amicus briefs can be accessed via the bottom of this web page.
Posted at 09:12 PM by Howard Bashman



"The Constitutional Moment That Wasn't: We seem to have avoided an historic Supreme Court revolution -- for now." Law Professor Bruce Ackerman has this essay online today at The American Prospect.

And last Friday, Terence Samuel had an essay entitled "John The Practiced: John Roberts knew exactly what he was doing in the hearings; That shouldn't leave everybody so comfortable."
Posted at 08:44 PM by Howard Bashman




"Democrats revive filibuster threat; Big battle brewing over O'Connor spot on Supreme Court": Tom Curry, national affairs writer for MSNBC, provides this report.

Steve Holland and Thomas Ferraro of Reuters provide a report headlined "Bush hears warnings about next court nominee" that begins:

U.S. Senate leaders warned President George W. Bush on Wednesday his next Supreme Court nominee will likely face a far more contentious confirmation battle than conservative John Roberts, who is poised to become U.S. chief justice.

Senate Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, emerged from a White House meeting to say he had advised Bush to hold off on making his second nomination for the court in order to see how Roberts performed as chief justice.

Specter said Bush should ask retiring Justice Sandra Day O'Connor to stay on through the court's coming October-June term. He said he spoke to her and she agreed to stay if asked.

White House spokesman Scott McClellan made clear Bush would not accept the proposal. He said O'Connor had expressed her desire to retire and Bush would pick her replacement soon.

Bloomberg News reports that "Senator Leahy Backs Roberts to Be U.S. Chief Justice."

The Associated Press provides reports headlined "NJ senators will vote against Roberts' confirmation as chief justice" and "Sen. Boxer to oppose Supreme Court nominee Roberts."

The Hill on Thursday will report that "Leahy will vote 'yes' on Roberts."

And Voice of America News reports that "Senate Panel to Vote on Chief Justice Nominee Thursday."
Posted at 08:30 PM by Howard Bashman




"Judge Roberts on Trial": Law Professor Ronald Dworkin will have this essay in the October 20, 2005 issue of The New York Review of Books.
Posted at 08:20 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Roberts Picks Up Democratic Support."

And in other news, "Chertoff Has Little Room for Error on Rita."
Posted at 04:50 PM by Howard Bashman




Just in time for Hurricane Rita, the U.S. Court of Appeals for the Fifth Circuit is again issuing opinions: You can access via this link the opinions that the New Orleans-based Fifth Circuit issued on Monday and Tuesday of this week. The Fifth Circuit is now, of course, temporarily headquartered in Houston, where the the court has already announced its closure on Friday, September 23d in anticipation of Hurricane Rita.
Posted at 03:12 PM by Howard Bashman



Federal government does not owe compensation for taking of property as the result the federal government's ongoing prohibition of helicopter traffic in the area of the National Capital, which caused a heliport leasehold to lose all value: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this opinion today.
Posted at 02:24 PM by Howard Bashman



"Judges deciding cases have divergent views; Members sitting on 9th Circuit illustrate divide over ideology": Howard Mintz had this article in last Friday's issue of The San Jose Mercury News.
Posted at 11:54 AM by Howard Bashman



Appellate law blogger's office relocates to Computer Avenue: The building in which my law firm has been located since I opened my solo appellate boutique in February 2004 was recently sold to a new landlord. As a result, I'm in the midst of overseeing the relocation of my office today from a location five minutes west of my home to a location five minutes east of my home. My new office address, telephone, and telecopy numbers are on display at my law firm's web site. My email addresses remain unchanged.
Posted at 11:45 AM by Howard Bashman



"Governor speaks up on abortion": The Sacramento Bee today contains an article that begins, "Gov. Arnold Schwarzenegger said Tuesday he supports the primary aim of a ballot initiative that would make most abortions for minors illegal without prior notification of the girls' parents or guardians, saying he'd 'kill' someone who took one of his own daughters for an abortion without informing him."
Posted at 11:42 AM by Howard Bashman



"Leahy to Back Roberts for Chief Justice": The Associated Press provides this report.
Posted at 11:40 AM by Howard Bashman



"Reid to vote against Roberts; Senator questions nominee's record on civil rights": This article appears today in The Las Vegas Review-Journal.
Posted at 11:35 AM by Howard Bashman



"Ruling Puts Patriot Act Challenge On Hold": Lynne Tuohy of The Hartford Courant today has an article that begins, "The U.S. 2nd Circuit Court of Appeals has temporarily barred disclosure of the identities of several Connecticut librarians who received FBI national security letters demanding information about Internet use by specific library patrons."

And in other coverage, The New York Times reports today that "Librarians Must Stay Silent in Patriot Act Suit, Court Says."
Posted at 08:55 AM by Howard Bashman




"Senate minority chief opposes Roberts; Reid sends message to Bush on next pick for Supreme Court": The Boston Globe contains this article today.

The Pittsburgh Post-Gazette reports today that "Senate's chief Democrat opposes Roberts; But Reid letting colleagues vote their conscience."

The Washington Times reports that "Next high court pick anyone's guess" and "Roberts will 'get plenty of votes.'"

The Atlanta Journal-Constitution reports that "Democrat plans no filibuster on Roberts."

The San Antonio Express-News reports that "Hopes high for woman or minority as Bush's next pick."

BusinessWeek contains a news analysis headlined "Bush's Second Supreme Decision: He wants a woman to replace Justice O'Connor -- or maybe a Hispanic, to appeal to that growing demographic; One name fits both requirements."

Human Events Online reports that "Harry Reid Declares War on Judges Owen, Brown."

The Cleveland Plain Dealer reports that "Appeals judge from Medina considered for top court."

The Reno Gazette-Journal reports that "Reid says he'll vote no on Roberts; Nevada senator 'disturbed' by judge's civil rights views in '80s."

The Arkansas News Bureau reports that "Arkansas senators undecided on Roberts."

The St. Petersburg Times reports that "Roberts has one sure, one likely Florida vote; But Senate Democratic leader Harry Reid says he will vote against confirming John Roberts to the high court."

The South Florida Sun-Sentinel reports that "Republicans apply pressure on Nelson; Senator has yet to indicate how he'll vote on Roberts."

The Palm Beach Post reports that "Fla. GOP calls on Nelson to endorse Roberts."

The Providence (R.I.) Journal reports that "Chafee to back Roberts for court; The nominee for chief justice won't upset the Supreme Court's balance, the senator argues, because he will replace another conservative."

The Shreveport Times reports that "Roberts boosters visit area."

The Daily Princetonian reports that "Professor Robert George offers an insider's take on the Supreme Court."

The Indiana Daily Student reports that "Lawyers meet at pub to discuss Court changes; Professors say nominee Roberts 'a very fine guy.'"

And The Onion offers this infographic.

In commentary, The Washington Post contains an editorial entitled "Words That Will Haunt."

Newsday contains an editorial entitled "Confirm Roberts: Jurist has the right temperament, intellect and approach to the law."

The Des Moines Register contains an editorial entitled "Roberts deserves Senate confirmation; His views of Constitution in step with Americans'."

The Hartford Courant contains an editorial entitled "Judge Roberts For Chief."

The Journal News of Westchester, New York contains an editorial entitled "Main event remains."

The Poughkeepsie Journal contains an editorial entitled "Roberts should be confirmed."

The Tufts Daily contains an editorial entitled "The Invisible Man."

In USA Today, Robert Bork and David Rivkin Jr. have an op-ed entitled "Roberts battle highlights vast gulf between parties."

In The North County Times, Sean Scott has an op-ed entitled "Roberts should answer questions."

And in The Independent Florida Alligator, Andrew Bare has an op-ed entitled "Democrats need to vote for Roberts."
Posted at 06:44 AM by Howard Bashman




"HLS To Cooperate With Military Recruiters; Kagan reverses policy after Pentagon threatens to cut off millions in federal grants": This article appears today in The Harvard Crimson.
Posted at 06:40 AM by Howard Bashman


Tuesday, September 20, 2005


Available online from law.com: Tony Mauro has articles headlined "Judicial Conference Supports Citing Unpublished Opinions; Policy-making arm of federal judiciary takes no position on splitting of 9th Circuit" and "The Chief Justice Who Wasn't There; Scholar claims there have been 17 chiefs, not 16, because of the two-day stint of one William Cushing."

And in news from Georgia, "Inmate Pleads Guilty to Threatening Supreme Court Justices."
Posted at 11:58 PM by Howard Bashman




"Top Democrat Says He'll Vote No on Roberts": This article will appear Wednesday in The New York Times.

Wednesday's edition of The Washington Post will report that "Reid Will Oppose Roberts for Chief Justice; But Leader Predicts Easy Confirmation With 'Plenty of Votes' From Democrats."

And The Los Angeles Times provides a news update headlined "Democratic Leader Says He Will Vote Against Roberts."
Posted at 11:54 PM by Howard Bashman




"Roberts Poses Calculus Test for Democrats; Senators Weigh Whether Vote Should Send a Message to Bush, Liberal Base or to Centrists": This article (free access) will appear Wednesday in The Wall Street Journal.

The Hill on Wednesday will report that "Reid 'no' vote on Roberts could be Dem green light."

And Knight Ridder Newspapers offer a report headlined "Senate Democratic leader will oppose Roberts' confirmation."
Posted at 09:58 PM by Howard Bashman




"Law School To Allow Military Recruiters On Campus; HLS decision comes after Pentagon threatened to withhold federal grants": The Harvard Crimson provides this news update.
Posted at 09:55 PM by Howard Bashman



Kelo testifies about Kelo: Today the Senate Judiciary Committee held a hearing titled "The Kelo Decision: Investigating Takings of Homes and other Private Property." You can access via this link the prepared testimony of the witnesses who appeared, including the testimony of Susette Kelo, the lead petitioner in Kelo v. City of New London.

Over at "Balkinization," Marty Lederman has a post titled "The Myths of Kelo" focusing on today's prepared testimony from Law Professor Thomas W. Merrill.
Posted at 09:10 PM by Howard Bashman




Available online from Slate: Emily Bazelon has a jurisprudence essay entitled "Who's Next? Supreme Court scuttlebutt."

And Bruce Reed's "The Has-Been" has a post titled "No Further Answers: John Roberts's day in court."
Posted at 08:30 PM by Howard Bashman




In news from Oklahoma: The Associated Press provides a report headlined "Jurors Will See Judge's Alleged Sex Toy." The Smoking Gun web site has previously reported on this matter here and here.
Posted at 08:24 PM by Howard Bashman



"Judicial Conference Supports Citing Unpublished Opinions; Policy-making arm of federal judiciary takes no position on splitting of 9th Circuit": law.com's Tony Mauro provides this news update.
Posted at 07:54 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Senate Petitioned in Eminent Domain Case." And in other news, "Hinckley's Therapists Say He's Normal" and "Wendy's Chili Finger Tipster Has Beef."
Posted at 05:10 PM by Howard Bashman



"Roberts Fails to Meet the Test: People For the American Way Post-Hearing Report." The organization People For the American Way issued this press release today, and the new report -- the organization's "final report on Chief Justice nominee John Roberts" -- can be accessed here.
Posted at 05:02 PM by Howard Bashman



"Conference Memorializes Late Chief Justice; Acts on Administrative, Legislative Matters": The Administrative Office of the U.S. Courts has today issued a news release that states, among other things, that today the Judicial Conference of the United States:
Approved new Rule 32.1 of the Federal Rules of Appellate Procedure, which concerns the citation of unpublished opinions. The proposed rule, which still must be approved by the Supreme Court and transmitted to Congress, was first published for comment in August 2003. Since then, studies have been conducted, a public hearing convened, and more than 500 comments submitted. The present practice governing citation of unpublished opinions varies among the circuits, with some permitting citation, others disfavoring citation but permitting it in certain circumstances, and others prohibiting citation. Proposed Rule 32.1 permits the citation in briefs of opinions, orders, or other judicial dispositions that have been designated "not for publication," "non-precedential," or the like. The rule applies only to decisions issued on or after January 1, 2007.
This is excellent news, and I congratulate all who have worked tirelessly over the past many years to bring this result to fruition.
Posted at 04:55 PM by Howard Bashman



"Democratic Leader Intends to Vote Against Roberts": The New York Times provides this news update.
Posted at 04:02 PM by Howard Bashman



"Slate's Jurisprudence: The Next High Court Nominee." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:00 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Reid Likely to Oppose Roberts' Nomination"; "Sen. Boxer Writes Novel About Senate"; and "Who Says a Lawyer Needs Law School?"

Somewhat relatedly, the topic of this week's Debate Club feature at legalaffairs.org is "Abolish the Third Year of Law School?"
Posted at 03:30 PM by Howard Bashman




When free hit counters attack: Yesterday, I noticed that my first visit of the day to "How Appealing" was accompanied by an annoying "pop-up" ad for online poker. This afternoon's pop-up ad was for some type of dating service. Apparently the free Nedstat basic hit counter that this blog was using to count visitors was serving up these ads. In any event, I have removed the hit counter from my site and its Movable Type archives, so those of you who visit in search of online poker and dating services will once again be forced to look elsewhere (or you can visit my pre-March 2005 archive pages). I offer my apologies to all who had to endure the annoyance of these pop-up ads over the last day or so.
Posted at 03:14 PM by Howard Bashman



"Plain legal writing" blog: Wayne Schiess is the author of this blog, which I learned about via "Crime & Federalism."
Posted at 01:00 PM by Howard Bashman



Seventh Circuit Judge Richard A. Posner examines "class of one" equal protection claims asserted by public employees: Today's ruling, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, can be accessed here.
Posted at 12:54 PM by Howard Bashman



"From Hegel to Wilson to Breyer: Liberal constitutional theory returns to its foreign roots." Online at The Weekly Standard, Paul Mirengoff and Scott Johnson have this essay today.
Posted at 12:22 PM by Howard Bashman



"3rd Circuit Panel Revives Gallup Suit": Today in The Legal Intelligencer, Shannon P. Duffy has this article (registration required) about a non-precedential ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 12:00 PM by Howard Bashman



Upcoming speaking engagements: This Friday, I'll be at The Thomas M. Cooley Law School in Lansing, Michigan to give a noontime speech to that law school's Federalist Society chapter.

On Saturday, October 29, 2005, another well-known law blogger and I will be participating in a panel presentation at the U.S. District Court for the Eastern District of California's 2005 Conference in Monterey, California.

And on Monday, November 7, 2005, I'll be in Chicago, Illinois at the invitation of the University of Chicago Law School's American Constitution Society chapter to debate the Solomon Amendment case with the founder and president of Forum for Academic and Institutional Rights.
Posted at 10:28 AM by Howard Bashman




"DoD withholds funds from three law schools": The Yale Daily News today contains an article that begins, "The Pentagon has targeted three small law schools it says are violating a law requiring campus access for military recruiters and has classified them as ineligible for federal funding, even as it has declined to pursue the high-profile law schools where the debate over the constitutionality of banning such recruiters has been centered."
Posted at 10:15 AM by Howard Bashman



"Cameras Headed To Court? Bill Would Put Supremes on Air." Roll Call today contains this article (subscription required) about a bill under consideration in the U.S. Congress.
Posted at 09:48 AM by Howard Bashman



"Who Will Bush Tap As Next Court Nominee?" The Associated Press provides this report.
Posted at 09:45 AM by Howard Bashman



"England faces court-martial again in Abu Ghraib scandal; After a mistrial and delays, she is not expected to plead guilty as trial starts today": The Houston Chronicle contains this article today.
Posted at 09:44 AM by Howard Bashman



"White House Is Said to Shift Names on List for 2nd Seat": This article appears today in The New York Times.

Tom Curry, national affairs writer for MSNBC, has a report headlined "Which Democrats will vote 'yes' on Roberts? Keeping an eye on Clinton, Bayh, and other presidential contenders."

The Pittsburgh Post-Gazette reports that "Specter says he'll back Roberts; calls him 'fair, non-ideological.'"

The Philadelphia Inquirer reports that "Specter says he'll vote in favor of the 'well-qualified' Roberts; He said the nominee didn't answer all of his questions, but tackled more than he had to."

The San Francisco Chronicle reports that "Pro-choice Republican senator says he'll vote for Roberts; Specter cites judge's remarks on right to privacy."

The New York Sun reports that "With Nod From Specter, Roberts Gets a Big Advance."

The Washington Times reports that "Specter will back Roberts for court."

And The Richmond Times-Dispatch reports that "Roberts impressed Virginia lawyers."

In commentary, The Los Angeles Times contains an editorial entitled "Confirm Roberts."

The Louisville Courier-Journal also contains an editorial entitled "Confirm Roberts," as does The Winston-Salem Journal.

The San Antonio Express-News contains an editorial entitled "Roberts deserves OK to be the chief justice."

The Amarillo Globe-News contains an editorial entitled "Passing judgment on Judge Roberts; Nominee deserves confirmation."

The Kennebec (Me.) Journal contains an editorial entitled "Confirm John Roberts as chief justice."

The Tucson Citizen contains an editorial entitled "Roberts shows he is qualified for high court."

And The Berkshire Eagle contains an editorial entitled "Roberts earns confirmation."
Posted at 06:44 AM by Howard Bashman




"O'Connor notes 'scary' decision; Eminent domain 'touched nerve'": The Arizona Republic contains this article today.
Posted at 06:40 AM by Howard Bashman


Monday, September 19, 2005


"Specter set to send Roberts to full Senate": This article will appear Tuesday in The Philadelphia Inquirer.
Posted at 11:08 PM by Howard Bashman



"Recruits Sought for Porn Squad": Tuesday's edition of The Washington Post will contain an article that begins, "The FBI is joining the Bush administration's War on Porn. And it's looking for a few good agents."

And in news from Syracuse, New York, The Post-Standard reports today that "Topless case goes to court."
Posted at 11:04 PM by Howard Bashman




"O'Connor, state justices urge defense of judicial independence": The Associated Press provides this report.
Posted at 11:00 PM by Howard Bashman



Available online from law.com: Jeff Blumenthal reports that "Roberts Seen as the Warm-Up in High Court Battle."

In other news, "11th Circuit Rebuffs Sports Illustrated's Effort to Shield Source."

And an article headlined "Lawsuit Financing Industry Survives Appellate-Level Challenge" reports on a ruling that Florida's Second District Court of Appeal issued last week.
Posted at 10:40 PM by Howard Bashman




In Tuesday's issue of The Hill: Tomorrow's newspaper will contain articles headlined "Right rift over Roberts" and "For '08 Dems, a tough choice lies just ahead."
Posted at 08:54 PM by Howard Bashman



A bow tie is no longer part of the baseball player's uniform: Last Tuesday, I had a post titled "U.S. Supreme Court Justices don't bat, but tomorrow night one will pitch." You can access here and here photographs of Justice John Paul Stevens throwing out the first pitch at last Wednesday night's Chicago Cubs game, against the Cincinnati Reds. Justice Stevens was wearing a Cubs home jersey in place of his customary bow tie. Of course, once upon a time a baseball player's uniform included a bow tie (see here, here, and here, for example). For those keeping score, the Reds defeated the Cubs 7-4 in 11 innings.
Posted at 08:00 PM by Howard Bashman



"Smile for the camera": Today in The Fort Worth Star-Telegram, columnist Linda P. Campbell has an op-ed that begins, "No one asked John G. Roberts Jr. whether he was a literalist about the First Amendment."
Posted at 06:02 PM by Howard Bashman



"Bush's Next High Court Nominee": Brian McGuire has this op-ed today in The New York Sun.
Posted at 05:58 PM by Howard Bashman



"The Ten Commandments: an Everett civics lesson": This editorial appears today in The Seattle Times.
Posted at 05:50 PM by Howard Bashman



For those awaiting the chance to spend hundreds of dollars on a Justice Antonin Scalia bobblehead doll: Your moment has arrived, here at eBay, where the current bid (as of the time this post first appeared) is a mere $75.99.

Meanwhile, my post from this weekend seeking to encourage the development of a Justice Scalia bobblehead doll certificate redemption service has yet to generate a groundswell of enthusiastic support, although one reader was willing to offer his services for $50 per certificate/Scalia doll shipped.

Also this weekend, as earlier noted here, a Chief Justice William H. Rehnquist bobblehead doll sold at auction on eBay for more than $2,000.
Posted at 05:40 PM by Howard Bashman




"O'Connor Prepares for Final Days on Court": Gina Holland of The Associated Press provides this report.
Posted at 05:32 PM by Howard Bashman



"Wine shipping issue lingers; Out-of-state vintners still not allowed to ship to Michigan residents despite high court ruling": The Detroit News yesterday contained an article that begins, "Although the U.S. Supreme Court declared four months ago that Michigan discriminates against out-of-state wineries by not allowing them to ship to its residents, no out-of-state wine has been arriving on Michigan doorsteps."
Posted at 04:05 PM by Howard Bashman



"Don't Expect Roe's End With Roberts, GOP Senator Says; Lindsey Graham says the chief justice nominee's conservatism is based on law, not partisanship": This article appears today in The Los Angeles Times.
Posted at 03:50 PM by Howard Bashman



Under Florida law, life insurance contracts become incontestable two years after issuance, even if an impostor instead of the insured had undergone the requisite medical exam: A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this opinion today.
Posted at 03:30 PM by Howard Bashman



Roberts vs. Scalia and Thomas: How different are they after all? The organization People For the American Way has today posted online this analysis.
Posted at 02:44 PM by Howard Bashman



"Bush Turns Attention to 2nd Court Vacancy": The Associated Press provides this report.
Posted at 12:54 PM by Howard Bashman



Available online from The Weekly Standard: The September 26, 2005 issue of the magazine contains an editorial entitled "Chief Justice Roberts: The distinction between law and politics that the Judiciary Democrats do not respect lies at the heart of Roberts's approach to judging."

And online, you can access an essay by Daveed Gartenstein-Ross entitled "Expanding Rights vs. Protecting Rights: Why the judicial branch should not be deciding our culture wars."
Posted at 12:44 PM by Howard Bashman




"John Roberts, the progressive": This editorial appears today in The Christian Science Monitor.
Posted at 12:40 PM by Howard Bashman



"Abortion & Precedent: What John Roberts really said." Edward Whelan has this essay today at National Review Online.

And NRO today also offers an essay by Michigan Supreme Court Justice Stephen Markman entitled "Clarifying 'Extremism': It's more than just politics."
Posted at 12:35 PM by Howard Bashman




Available online at Reason: Matt Welch has an essay entitled "Why The New York Times ♥s Eminent Domain; Elite newspapers and liberal activists embrace the Kelo decision at their long-term peril."

And Jacob Sullum has an essay entitled "Jail, or Jail Not; There Is No Try; Chief Justice Roberts will help decide whether an indefinite war requires indefinite detention."
Posted at 12:33 PM by Howard Bashman




"A December Court Battle?": Today's edition of Roll Call contains an article (subscription required) that begins, "The White House and Senate Republicans are facing a tight calendar as President Bush eyes his second pick for the Supreme Court, a nomination process that could last well into December under even the rosiest of scenarios."

The article goes on to note that "If Bush waits until after Roberts clears the Senate to announce the new pick, the week after Thanksgiving would be the earliest the full Senate would take up the nomination, according to recent history of nomination fights."
Posted at 11:25 AM by Howard Bashman




"Who's next? With Roberts' nomination for chief justice on track, attention now turns to filling Justice O'Connor's seat and the names on President Bush's short list." This article appears today in The Sacramento Bee.
Posted at 10:00 AM by Howard Bashman



"Lindsey Graham's Smear: No, Ruth Bader Ginsburg does not advocate pederasty." Timothy Noah has this chatterbox essay online at Slate.
Posted at 09:12 AM by Howard Bashman



Marcia Coyle is reporting: In today's issue of The National Law Journal, she has articles headlined "2005-2006 Supreme Court Preview: Burning issues await" and "Business hopes for an informed view from Roberts."
Posted at 09:10 AM by Howard Bashman



"Why Must We Roll The Dice On A New Chief Justice?" Stuart Taylor Jr. has this essay today in National Journal.
Posted at 09:05 AM by Howard Bashman



"Blawg Review #24": Available here, at "Jaybeas Corpus."
Posted at 07:24 AM by Howard Bashman



"Benchmarks of activism": Today in The Washington Times, David Limbaugh has this Pledge of Allegiance-related op-ed.
Posted at 07:14 AM by Howard Bashman



Available online from The New York Times: Today's newspaper contains an editorial entitled "One Father, Back in Court, Indefatigable." And Law Professor Ann Althouse has an op-ed entitled "Innocence Abroad."

Yesterday's newspaper, meanwhile, contained an op-ed by Robert P. George entitled "The Supreme Court's Private Life."
Posted at 06:54 AM by Howard Bashman




"Roberts vote holds risks for Democrats; Strategists weigh political message, fallout for '08 race": The Boston Globe contains this article today.

The Washington Times today contains an article headlined "Bush's high court balancing act."

And in The New York Sun, Josh Gerstein reports that "Bloomberg's Stance on Roberts Ratchets Up Pressure on Clinton."

In commentary, The Boston Globe contains an editorial entitled "Roberts's qualities."

The Montgomery Advertiser contains an editorial entitled "Roberts clearly has temperament."

The Harvard Crimson contains an editorial entitled "Fit to be Chief: We are hopeful for the future of the Court under the lead of Justice Roberts."

In The Washington Post, Al Kamen's "In the Loop" column is entitled "For Liberals, Easy Does It With Roberts."

In The Chicago Sun-Times, columnist Robert Novak has an op-ed entitled "Schumer is no match for Roberts."

In The Washington Times, Donald Lambro has an op-ed entitled "Senatorial follies...," a headline that concludes in Mark Steyn's op-ed entitled "...in review."

In Newsday, columnist Raymond J. Keating has an op-ed entitled "Schumer wants to keep tight reins on commerce."

In The Daily Texan, Matthew Nickson has an op-ed entitled "Anticipating Justice Roberts."

In The Topeka Capital-Journal, Gregory L. Schneider has an op-ed entitled "Law schools could use some conservatives, too."

And in The Colorado State Collegian, Jake Blumberg has an op-ed entitled "History in the Making."
Posted at 06:45 AM by Howard Bashman



Sunday, September 18, 2005


"Roberts: High court's qualifications are met." This editorial appears today in The Clarion-Ledger of Jackson, Mississippi. And the newspaper also contains an op-ed by Luther T. Munford entitled "Roberts vital as court 'litigator'; Roberts has actual experience in handling cases before high court."

Today in The Boston Globe, columnist Jeff Jacoby has an op-ed entitled "Answer the questions." And Joan Vennochi has an op-ed entitled "Pro-choice, out of touch."

In The News Journal of Wilmington, Delaware, Jay Ambrose has an op-ed entitled "It was Biden versus Roberts."

In The Oregonian, columnist David Reinhard has an op-ed entitled "Chief Justice John Roberts: Play Ball!"

In The San Jose Mercury News, Vikram Amar has an op-ed entitled "The Roberts hearings? Blah and more blah."

The Orlando Sentinel contains an editorial entitled "Confirm Roberts: John Roberts is highly qualified to be the court's chief justice."

The Milwaukee Journal Sentinel contains an editorial entitled "What will the chief justice's legacy be?"

The Sarasota Herald-Tribune contains an editorial entitled "A qualified enigma; Roberts: intelligent, knowledgable, evasive."

The Fort Worth Star-Telegram contains an editorial entitled "Playing ball."

In The Ventura County Star, Gary M. Galles has an op-ed entitled "Proper question is: Which principles inform court's activity?"

In The Arizona Republic, columnist E.J. Montini has an op-ed entitled "The judge and I: From the supreme to the ridiculous."

And In The Washington Times, Cal Thomas has an op-ed entitled "Roberts' rules."
Posted at 11:10 PM by Howard Bashman




Roberts wins Emmy award: Sure, his performance at last week's Senate Judiciary Committee confirmation hearing was masterful, but this is a bit much.
Posted at 11:00 PM by Howard Bashman



"Roberts sows seed of doubt for activists of left and right": Patti Waldmeir will have this article Monday in Financial Times.
Posted at 10:55 PM by Howard Bashman



"A Supreme Bank Shot: How the vote on John Roberts may shape the fight over the next pick." This article will appear in the September 26, 2005 issue of Newsweek. The magazine will also contain an essay by columnist George F. Will entitled "Mr. Breyer's 'Modesty': The Framers made the federal government stronger because of the alarming quantity and dismaying quality of 'active liberty' in the states."

And the September 26th issue of Time will contain a Notebook item headlined "The Roberts Effect."
Posted at 06:44 PM by Howard Bashman




"Under robes, Roberts is a party animal": Columnist John Kelso has this op-ed today in The Austin American-Statesman.
Posted at 05:15 PM by Howard Bashman



"In the law he trusts; Judge in pledge case, though not without his critics, has reputation as passionate protector of Constitution": Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today in that newspaper.
Posted at 04:57 PM by Howard Bashman



"Roberts Drops Hints in 'Precedent' Remarks": Adam Liptak has this article today in The New York Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Roberts keeps views under wraps; Top court nominee says neutrality is vital."

The Hartford Courant reports that "Democrats Like Roberts, But Approval Carries Risks."

In The Pittsburgh Post-Gazette, Michael McGough has a news analysis headlined "Roberts a Scalia/Thomas clone? Most experts see him diverging often from sitting justices."

Newsday reports that "Right could be caught in middle by Roberts."

The Iowa City Press-Citizen reports that "Roberts doesn't surprise UI professor."

The San Bernardino County Sun reports that "Students, professors discuss Roberts."

And The Trenton Times reports that "N.J. likely to stay pro-choice."
Posted at 04:50 PM by Howard Bashman




"No Clarence Thomas: Roberts Hearings Fail to Stir D.C. Passions." Bloomberg News provides this report.
Posted at 04:18 PM by Howard Bashman



"Detainee issues await new court; Questions about Guantanamo Bay practices and policies are a subplot at hearings on the nomination of John Roberts as chief justice": This article appears today in The Miami Herald.
Posted at 04:15 PM by Howard Bashman



"Specter Seeks Another Roberts-Like Nominee": Hope Yen of The Associated Press provides this report.

And The AP reports from Maine that "Collins to back Supreme Court nominee."
Posted at 04:12 PM by Howard Bashman




"A New Chief Justice: Confirm John Roberts." This editorial appears today in The Philadelphia Inquirer.
Posted at 01:05 PM by Howard Bashman



"Too Much of a Mystery": The New York Times today contains an editorial that begins, "John Roberts failed to live up to the worst fears of his critics in his confirmation hearings last week."

The Washington Post, meanwhile, today contains an editorial entitled "Confirm John Roberts." Also today, columnist David S. Broder has an op-ed entitled "Roberts's Sterling Showing," while yesterday columnist E.J. Dionne Jr. had an op-ed entitled "The Case For a 'No' Vote on Roberts."
Posted at 07:40 AM by Howard Bashman



Saturday, September 17, 2005


"As Chief, Roberts Would Be Tested": Charles Lane will have this article Sunday in The Washington Post.
Posted at 11:10 PM by Howard Bashman



"Oliver Wendell Roberts: In a less nasty age, he'd be confirmed 100-0." This editorial appears today in the inaugural Saturday edition of The Wall Street Journal.

The Oregonian today contains an editorial entitled "Cameras in the high court: If John Roberts becomes chief justice, he should lead an effort to allow television cameras in the Supreme Court."

And today in The Los Angeles Times, Rosa Brooks has an op-ed entitled "Liberals, pick another battle."
Posted at 10:35 PM by Howard Bashman




"The New Boss: What does it take to be a great chief justice?" Law Professor Jeffrey Rosen will have this essay in tomorrow's issue of The New York Times Magazine.
Posted at 10:30 PM by Howard Bashman



Now that Chief Justice William H. Rehnquist bobblehead dolls are selling for more than $1,000 each (see here and here), we await the emergence of hard-working, profit-motivated George Mason University Law School students willing to redeem certificates for Justice Antonin Scalia bobblehead dolls and ship them to far-flung Green Bag subscribers: One can only hope that enterprising law school students at George Mason will see the potential for profit in helping Green Bag subscribers from across the country redeem their certificates for Justice Scalia bobblehead dolls. Even a $50.00 service fee per doll -- a price that would include packing and shipping by a safe and reliable method -- would be sure to net a substantial profit to some student or group of students willing to offer this valuable service.
Posted at 07:38 PM by Howard Bashman



"Next Debate: Must Future Court Nominees Match Qualifications of Roberts?" Sunday's edition of The New York Times will contain This article.
Posted at 07:20 PM by Howard Bashman



"Lafave's attorney tries to block photos; Detectives took intimate photographs of the ex-teacher accused of sex with a student": This article appeared Wednesday in The St. Petersburg Times.

Yesterday, SPTimes columnist Sue Carlton had an op-ed entitled "Photographs of Lafave: too much information."

And today, the newspaper contains an editorial entitled "The Lafave photos."
Posted at 04:10 PM by Howard Bashman




"Judge's order blocks Missouri abortion law; Ruling says restrictions threaten Springfield clinic": The Kansas City Star contains this article today.

And The St. Louis Post-Dispatch provides articles headlined "Federal judge blocks new abortion law" and "New Missouri abortion law targets Granite City clinic."

You can access at this link yesterday's temporary restraining order of the U.S. District Court for the Western District of Missouri.
Posted at 03:50 PM by Howard Bashman




"The Supreme Court's Biggest Question": This article will appear in the Week in Review section of Sunday's edition of The New York Times.
Posted at 03:10 PM by Howard Bashman



In news from Connecticut: The Hartford Courant today contains an article headlined "Rell Forces Withdrawal Of Eviction Notices" that begins, "Gov. M. Jodi Rell forced the New London Development Corp. on Friday to rescind eviction notices served on residents whose homes were taken by eminent domain."

And The Day of New London contains articles headlined "NLDC Rescinds Fort Trumbull Eviction Notices; Board says it has faith in leadership of Joplin, Goebel" and "Passions Still Running Deep, Divided On Issue Of Eminent Domain; Fort Trumbull case discussed at Hartford forum."
Posted at 03:00 PM by Howard Bashman




"Under Din of Abortion Debate, an Experience Shared Quietly": This lengthy article will appear Sunday in The New York Times.
Posted at 12:32 PM by Howard Bashman



In news from Canada: The Toronto Star late last night posted online a news update headlined "Ruling protects free speech on Net, lawyers say" that begins, "In a decision hailed as a victory for freedom of expression, an appeal court has thrown out a lawsuit brought by a former United Nations official trying to sue the Washington Post in Ontario over stories published three years before he moved to the province - and where the newspaper had just seven subscribers." You can access yesterday's ruling of the Court of Appeal for Ontario at this link.

And from the "We're not in Alabama any more" file, The Toronto Globe and Mail reports today that "Sex toys coming soon to drugstore near you." The following appears at the end of the article, "'Canadians are progressive, but we have our limits,' Mr. Silverburg said. 'I don't know if people will want to see dildos on the shelves beside the shampoo.'"
Posted at 12:30 PM by Howard Bashman




"Conservative leaders who gave Specter a hard time change their tune after his handling of Roberts hearings": This article appears today in The Pittsburgh Post-Gazette.
Posted at 11:42 AM by Howard Bashman



"U.S. Supreme Court Justice Souter visits his former court": The Associated Press provides this report from Concord, New Hampshire. Today Justice David H. Souter celebrates his 66th birthday (second to last item).
Posted at 11:40 AM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Guessing Games in Wake of Roberts Hearings."

And in related coverage, "As Roberts Hearings Conclude, the Importance of a Second Vacancy Rises."
Posted at 11:30 AM by Howard Bashman




"On Abortion, Few Seem to Take Roberts at Face Value; Nominee's Testimony Discounted by Groups On Both Sides of Issue": This article appears today in The Washington Post.

And in somewhat related news, The New York Times reports today that "As His Opponent Gains Support, Bloomberg Withholds Some."
Posted at 08:45 AM by Howard Bashman




"Bush to Meet With Senators Over Second Vacancy on Court": The New York Times today contains an article that begins, "President Bush plans to meet Wednesday with Republican and Democratic Senate leaders about filling the Supreme Court vacancy created by the retirement of Justice Sandra Day O'Connor, Senate aides from both parties said."
Posted at 08:42 AM by Howard Bashman



Dare I say this is crazy? $2,151.99 was the winning bid on eBay early this morning for a Chief Justice William H. Rehnquist bobblehead doll.
Posted at 03:11 AM by Howard Bashman


Friday, September 16, 2005


"Senators talk politics, while Roberts focuses on law": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 09:08 PM by Howard Bashman



Bidding on Chief Justice Rehnquist bobblehead doll reaches $810.00: My earlier coverage is here. The auction will end at 1:27 a.m. eastern time Saturday morning.
Posted at 09:02 PM by Howard Bashman



The Associated Press is reporting: Now available online are reports headlined "Prosecutors Appeal Patriot Act Gag Ruling" and "Feds to Retry Miss. Lawyer, Ex-Judges."
Posted at 06:08 PM by Howard Bashman



"Man ruled legal father of in vitro babies; Court finds he's more than sperm donor, must pay child support": The Seattle Post-Intelligencer contains this article today.

And The Seattle Times reports today that "Support is ordered for in vitro children."

You can access yesterday's ruling of the Supreme Court of Washington State at this link.
Posted at 06:05 PM by Howard Bashman




"New abortion law brings immediate response": This article appears today in The St. Louis Post-Dispatch.

And The Kansas City Star reports today that "Lawsuits test Missouri on abortion restrictions; Law aimed at those who help teens go out of state."
Posted at 05:54 PM by Howard Bashman




"Wearing the Right to Free Speech on Her Sleeve": The Washington Post today contains an article that begins, "Mary Beth Tinker looks like an ordinary, middle-aged woman. Nothing about her subdued clothing, hairstyle or mannered demeanor suggests she's an answer on law school exams. Except for the black armband."
Posted at 05:11 PM by Howard Bashman



"Bloomberg opposes Roberts' nomination": Reuters provides a report that begins, "New York Mayor Michael Bloomberg on Friday opposed John Roberts' nomination to be U.S. Supreme Court chief justice, making him the first noted Republican to break with the Bush administration over who should lead America's top court."
Posted at 04:42 PM by Howard Bashman



"Roberts' Confirmation Virtually Assured": Jesse J. Holland of The Associated Press provides this report.
Posted at 04:02 PM by Howard Bashman



Bidding on Chief Justice Rehnquist bobblehead doll reaches $660: My earlier coverage is here. The auction will end at 1:27 a.m. eastern time Saturday morning. Whether I'm still awake at that ungodly hour tonight to live-blog the outcome of the auction remains to be seen.
Posted at 03:40 PM by Howard Bashman



Divided three-judge Federal Circuit panel gets exercised over exercise equipment patent dispute: The U.S. Court of Appeals for the Federal Circuit issued this opinion today. "Patently-O: Patent Law Blog" covers the ruling in a post humorously titled "Open Claim Language Saves Patentee From Disclaimer."
Posted at 03:14 PM by Howard Bashman



Three-judge Eleventh Circuit panel issues opinion on petition for rehearing in Michael B. Price v. Time, Inc.: Today's opinion, by Circuit Judge Ed Carnes, begins:
The opinion we issued in this case requires Price, as a condition for a disclosure order, to depose four women one of whom probably is the confidential source for the article that gave rise to this lawsuit. Price v. Time, Inc., 416 F.3d 1327, 1347 (11th Cir. 2005). In imposing that requirement, we took into account this assurance given to us by counsel for the defendants: if the woman who is the confidential source testified during her deposition that she was not the source, counsel would "do his duty as an officer of the court and inform the district court that the witness' sworn denial was false." Id. That is the commitment counsel made to us during oral argument.

The defendants have filed a petition for rehearing requesting that we delete from our opinion any suggestion that their counsel is obligated to inform the court if the woman whose identity as the confidential source they and he have been protecting falsely denies under oath that she is the source. They take the position that a lawyer has no obligation to inform the court if a witness, other than his own client, has lied under oath. They insist that it is the perfect prerogative of an officer of the court to stand silently by as the search for truth is led astray by perjury—assuming, of course, that the perjury serves his client's interests.

That is an interesting position.

The panel's original opinion is here, and my coverage of it is here.
Posted at 03:10 PM by Howard Bashman



"The issue of the admissibility of evidence concerning the absence of prior accidents presents recurring difficulties in product liability cases": A three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued a decision in which it took the "opportunity to provide the district courts with guidance concerning the foundation that must be laid by a product liability defendant who seeks to introduce testimony concerning the non-occurrence of prior accidents."
Posted at 02:24 PM by Howard Bashman



"Yahoo Flap in China May Be Harbinger": Today in The New York Sun, Josh Gerstein has an article that begins, "The flap over Yahoo's involvement in the jailing of a Chinese journalist is likely to be the harbinger of a coming wave of ethical quandries for American technology companies who have rushed to grab a share of China's burgeoning market, according to China experts and human rights advocates."

In earlier coverage, c|net News.Com reported that "Group says Yahoo helped jail Chinese journalist."

The Times of London reported that "Yahoo! 'helped to jail journalist'" and "Yahoo! on defensive over jailed Chinese journalist" and published an essay by Dominic Rushe entitled "Yahoo's serious failure to stand up to Chinese censors."

BBC News reported that "Firms face moral dilemma in China."

Forbes.com published an essay by Greg Levine entitled "Did Semel's Yahoo! Help Beijing Jail Reporter?"

And The Sydney Morning Herald on Monday of this week reported that "Web firm admits aid to censors."
Posted at 02:14 PM by Howard Bashman




Good morning, Ninth Circuit: As first noted here late last night, in today's edition of The Recorder of San Francisco, attorney Cyrus Sanai has an interesting essay entitled "Taking the Kozinski Challenge" that begins, "The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit."
Posted at 11:15 AM by Howard Bashman



"Roberts Shows Some Openness; Nominee Hints at Judicial Approach, Says He Isn't an Ideologue": Jess Bravin and Jeanne Cummings have this article (pass-through link) today in The Wall Street Journal.
Posted at 10:33 AM by Howard Bashman



Available online from National Public Radio: On today's broadcast of "Morning Edition," Nina Totenberg had a report entitled "Witnesses Weigh in on Nominee Roberts."

Last night, NPR had an hour-long special report on the wrap-up of the confirmation hearing.

Yesterday evening's broadcast of "All Things Considered" contained segments entitled "Senators Seek Last Assurances from Roberts" (featuring Nina Totenberg) and "The Senate's Judgment of John Roberts" (featuring Law Professors Jeffrey Rosen and Douglas W. Kmiec).

And yesterday's broadcast of "Day to Day" contained segments entitled "Senators Set to Wrap Roberts Confirmation Hearing" and "Slate's Jurisprudence: Roberts Revelations, So Far" (featuring Dahlia Lithwick).

RealPlayer is required to launch these audio segments.
Posted at 10:15 AM by Howard Bashman




"A new voice in pledge battle: Mother of atheist's child at center of dispute defends 'under God.'" This article appears today in The Sacramento Bee. Potential alternate headline: "Banning disfavors doing that to Pledge."
Posted at 10:04 AM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Roberts Sidesteps Meaty Issues for Now." And in related coverage, "Roberts Hearing Has Paris Hilton Moment."

Meanwhile, in other news, "Constitution to Get Its Due at Schools"; "Gonzales Says Justice to Fight for Pledge"; and "Mo. Governor Signs Abortion-Limiting Bill."
Posted at 10:00 AM by Howard Bashman




Will another Chief Justice William H. Rehnquist bobblehead doll sell at auction on eBay for more than $1,000? This auction will conclude at 1:27 a.m. eastern time Saturday morning, and the current high bid (as of the time this post appeared) is $375.00.

Yesterday, as I previously noted here, a Chief Justice Rehnquist bobblehead sold at auction on eBay for a whopping $1,077.00. I once ridiculed the Eighth Circuit's library system for keeping its Chief Justice Rehnquist bobblehead dolls under lock and key, but in retrospect that has proved to be quite prudent. Owners of the doll may wish to check with their homeowner's insurance provider to see whether the doll needs to be separately scheduled in order to be insured for its full value.
Posted at 08:44 AM by Howard Bashman




"Girl's mom plans fight to keep `God' in flag pledge": The San Jose Mercury News contains this article today.
Posted at 07:18 AM by Howard Bashman



"Liberals and Conservatives Remain Worlds Apart on Roberts's Suitability": This article appears today in The New York Times, along with an article headlined "Frustrated by Roberts, and Unsure How to Vote."

The Washington Post contains an article headlined "John Roberts and a Judge of History; Civil Rights Icon John Lewis Takes A Seat, and a Stand." And columnist Charles Krauthammer has an op-ed entitled "Roe v. Roberts."

The Los Angeles Times reports that "Democrats Consider a Voting Strategy; Minority-party senators can't block Roberts' confirmation, but they can send a message about the next nominee."

In USA Today, Joan Biskupic reports that "Roberts' Senate testimony comes to a close; Some questions still open." And in related coverage, "Senators save breath for next court debate."

The Chicago Tribune reports that "Democrats agonize over Roberts vote."

In The San Francisco Chronicle, Bob Egelko reports that "Roberts dazzles, baffles Democrats; Frustration over testimony, but nominee on track for confirmation."

The Boston Globe contains articles headlined "Roberts sees little drama or tension; Democrats say much unknown as vote nears" and "Would-be showdown lost audience." And Charlie Savage has an article headlined "Pressed on compassion, Roberts defers to law."

In The Pittsburgh Post-Gazette, Michael McGough and Maeve Reston have an article headlined "Agony over Roberts: Democrats left unsure as hearings end for chief justice nominee."

The Dallas Morning News reports that "For Roberts, 1 question remains; Senate panel wraps up hearings, plans to vote on nominee Thursday."

Newsday reports that "Roberts sticks to his legal script." And Law Professor Susan N. Herman has an op-ed entitled "Roberts' pitch more like a curveball; It's unfair for Supreme Court nominee to liken the job of a justice to that of an umpire because, unlike baseball, opinions of law can't be verified."

The Houston Chronicle reports that "Roberts tries to reassure: 'I am not an ideologue'; Confirmation as chief justice appears certain after four days of Senate hearings."

The St. Petersburg Times contains a news analysis headlined "Might the new boss be same as the old boss?"

The New York Sun reports that "Democrats Doubt Roberts on Equal, Civil Rights."

The Washington Times reports that "Democrats hit Roberts' ambiguity." An editorial is entitled "Inviting a hurricane." David Limbaugh has an op-ed entitled "Twisting the benchmarks." And Thomas Sowell has an op-ed entitled "Whose Constitution is it?"

The Hartford Courant reports that "Public Gets Its Shot At Roberts; Comments To Panel Held To 5 Minutes."

The Arizona Daily Star reports that "Kyl says Roberts showed 'brilliant,' 'precise' thinking."

The Brattleboro Reformer reports that "Leahy more at ease with Roberts."

The Knoxville News Sentinel reports that "Tennessean has her say on Roberts; Paraplegic worries he might strip away hard-fought rights."

The Herald-Sun reports that "Duke professor backs nominee for chief justice."

The Anchorage Daily News reports that "Alaska's former top lawyer testifies on Roberts' behalf; Nominee is brilliant, humble, past attorney general says."

The Des Moines Register reports that "Ex-Iowans join rival debates on nominee."

The Harvard Crimson contains articles headlined "Roberts Cut Legal Teeth Early" and "Nominee Spars With Senators."

Indian Country Today reports that "American Indian cases await new Supreme Court head" and "In hearings, Roberts signals how he'd run Supreme Court."

The Gallup Organization reports that "Americans Support Roberts' Confirmation; Half of Americans have a favorable opinion of nominee."

In The Wall Street Journal, Law Professor Mary Ann Glendon has an op-ed entitled "Judicial Tourism: What's wrong with the U.S. Supreme Court citing foreign law."

And in The Newark Star-Ledger, columnist John Farmer has an op-ed entitled "Roberts ducking and bobbing his way to confirmation."
Posted at 06:40 AM by Howard Bashman



Thursday, September 15, 2005


"Taking the Kozinski Challenge": In Friday's edition of The Recorder of San Francisco, attorney Cyrus Sanai will have an interesting essay that begins, "The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit."
Posted at 11:54 PM by Howard Bashman



"Reassurance Relieves Senators; Roberts Says He Won't Support Usurping Congressional Authority": Lawrence Hurley has this article today in The Daily Journal of California.

And, once again, today's newspaper contains "Two Scholars View the Hearing," this time consisting of an essay by Law Professor Erwin Chemerinsky entitled "Memos, Briefs Give Democrats Reason to Oppose Nomination" and an essay by Law Professor Douglas Kmiec entitled "Eloquence, Erudition of Nominee Make Listening to Him a Pleasure."
Posted at 11:40 PM by Howard Bashman




"Judge Revives Challenge to School Pledge; Constitutional Issue Likely Is Bound for U.S. Supreme Court": This article appears today in The Daily Journal of California.
Posted at 11:30 PM by Howard Bashman



"Roberts' Values, Character Come In for Questions; Democratic senators complain of evasive responses and test the chief justice nominee's composure during a 10-hour hearing": This article appears today in The Los Angeles Times, in addition to the articles earlier noted here.
Posted at 11:10 PM by Howard Bashman



Available online from The Washington Post: Friday's newspaper will contain an article headlined "'I'm Not an Ideologue,' Roberts Tells Senate Panel." And Dana Milbank will have an essay entitled "Final Day of Nomination Hearings: Yawn."

Today's newspaper, meanwhile, contains an editorial entitled "Judge Roberts Speaks," an article headlined "Spinning in the Ring; Left and Right Try to Land Their Punches," and an essay by Dana Milbank headlined "Hey, Batter, Hold the Chatter."
Posted at 11:05 PM by Howard Bashman




"Roberts Gains Respect, if Not Converts; The nominee finishes his hearings by indicating that he's a mainstream conservative who would put the law before politics -- and his heart": David G. Savage and Richard B. Schmitt will have this article Friday in The Los Angeles Times.
Posted at 11:02 PM by Howard Bashman



"Nominee Reveals Pragmatic Approach to Constitution": Adam Liptak will have this news analysis Friday in The New York Times.

Today, meanwhile, that newspaper contains an editorial entitled "How Conservative Is Judge Roberts?"
Posted at 10:54 PM by Howard Bashman




In online commentary: At Slate, Dahlia Lithwick has a jurisprudence essay entitled "Confirmation Report: Getting to 'law-plus.'" And Emily Bazelon has a jurisprudence essay entitled "Moments of Truth: What John Roberts really thinks."

The New Republic has an editorial entitled "Mister Roberts: In support of Bush's nominee for chief justice--with reservations." And Lee Siegel has an essay entitled "Contempt: John Roberts's performance was an insolent reply to the existence of the hearings themselves."

At National Review Online, Gregory S. McNeal has an essay entitled "A Judge for All Seasons: John Roberts's judicial philosophy is a model of appropriate restraint."

At The Weekly Standard, Matthew Continetti has an essay entitled "Taking a Grandstand: Day two of the Roberts hearing is full of speechifying senators--with a question or two thrown in for good measure."

At Salon.com, Michael Scherer has an essay entitled "John Roberts' favorite pastime: Day two of the Senate hearings -- The baseball metaphors flew, and the nominee for chief justice dodged nearly every question thrown his way."

FindLaw commentator Edward Lazarus has an essay entitled "After Two Days of Hearings on Supreme Court Nominee John Roberts, What Should Senate Democrats' Next Move Be?"

At The American Prospect, Kermit Roosevelt has an essay entitled "Robed Men Tell No Tales: John Roberts winked at moderates during his hearings -- a bit." And Adele M. Stan has an essay entitled "Opening Day: The Roberts hearings began according to script; But the Senate needs to keep its eyes on where the story goes from there."

Finally, at The Nation, Max Blumenthal has an essay entitled "The Many Faces of Dr. Coburn." And David Corn has an essay entitled "Question Time for Roberts."
Posted at 10:40 PM by Howard Bashman




"Antonin Scalia, Judicial Activist: How the conservative justice legislates from the bench." Cathy Young has this essay online at Reason.
Posted at 10:35 PM by Howard Bashman



U.S. Court of Appeals for the Tenth Circuit rules in favor of City of Denver, Colorado in anti-abortion protester on highway overpass First Amendment case: Today's ruling from a partially divided three-judge Tenth Circuit panel is the second ruling from a federal appellate court in recent months in a case involving controversial protests on highway overpasses. The earlier ruling, from the U.S. Court of Appeals for the Seventh Circuit, appears on the surface, at least, to reach the opposite result.
Posted at 10:25 PM by Howard Bashman



A Chief Justice William H. Rehnquist bobblehead doll sold at auction today on eBay for $1,077.00: You can access the item, on which bidding has closed, at this link. The auction of another Rehnquist bobblehead is due to conclude early Saturday morning eastern time, and the current bid (as of the time this post first appeared online) is a mere $305.00.

As a thoughtful appellate commentator has repeatedly observed, "Who among us can afford not to subscribe to The Green Bag?"
Posted at 09:18 PM by Howard Bashman




Lyle Denniston of "SCOTUSblog" is reporting: He has posts today titled "Roberts hearings over" and "Commentary: the unmentioned factor."

And at "The Volokh Conspiracy," Erik Jaffe has posts titled "Disconnect on the Role of the Courts" and "Disconnect Part 2."
Posted at 07:54 PM by Howard Bashman




"Roberts Concludes Three Days of Testimony; Nominee for chief justice says opinions written as a federal appeals judge aren't those of an 'ideologue'": T.R. Goldman has this report online at law.com.
Posted at 07:44 PM by Howard Bashman



"Tuesday, October 11, 2005, is deemed the first regular business day following August 26, 2005": So decrees the U.S. Court of Appeals for the Fifth Circuit in an order entered on Monday of this week.
Posted at 07:40 PM by Howard Bashman



"With Roberts hearings complete, Democrats wrestle with their votes": James Kuhnhenn of Knight Ridder Newspapers provides this report.
Posted at 07:35 PM by Howard Bashman



"Bout 1: over. Bout 2: huge; With Roberts unscathed by grillings, Democrats turn gaze to court's 'swing' seat." Gail Russell Chaddock will have this article Friday in The Christian Science Monitor.
Posted at 06:20 PM by Howard Bashman



"Judge Declares Mich. Abortion Law Illegal": The Associated Press provides this report on a ruling that the U.S. District Court for the Eastern District of Michigan issued on Monday.

And in other coverage, The Detroit Free Press reports today that "Late-term abortion law is rejected."
Posted at 04:30 PM by Howard Bashman




"Judge rejects pledge in school; He rules the practice coerces students, violates Constitution": This front page article appears today in The Sacramento Bee.

The San Francisco Chronicle reports today that "Pledge again ruled unconstitutional; U.S. judge says 'under God' phrase violates right of Sacramento-area schoolchildren to be free from a requirement to affirm a deity."

Josh Richman of The Oakland Tribune reports that "Pledge is shot down by judge; 'Under God' again ruled unconstitutional for reciting in schools; case could return to top court."

The Los Angeles Times reports today that "Judge Revives Battle Over Pledge; Religious conservatives denounce the ruling that 'under God' in the Pledge of Allegiance means that it is unconstitutional."

Howard Mintz of The San Jose Mercury News reports that "Federal judge rules Pledge of Allegiance unconstitutional."

The Washington Times reports that "Judge rules against Pledge in schools."

The San Francisco Examiner contains an article headlined "Observers: Pledge battle will be fought far from classroom; Ruling won't affect classrooms in area right away."

The Santa Cruz Sentinel reports that "Federal court flags Pledge of Allegiance as unconstitutional."

The Desert Sun of Palm Springs contains an article headlined "Pledging allegiance no more; Valley residents have mixed responses to judge's ruling 'under God' unconstitutional."

The Lodi News-Sentinel contains an article headlined "Judge: No pledge in schools."

The Appeal-Democrat of Marysville-Yuba City, California reports that "Decision disappoints Y-S teachers."

And The Olympian of Olympia, Washington reports that "Pledge in schools loses legal decision."

In commentary, The San Jose Mercury News contains an editorial entitled "More legal wrangling over pledge's 'under God'; Appellate judge's ruling unlikely to sway Supreme Court."

And in The Arizona Republic, E.J. Montini has an op-ed entitled "One nation (not always), under God (since 1954)."
Posted at 03:40 PM by Howard Bashman




"Key Democrats May Not Vote Against Roberts; Feinstein and Schumer say they have not made up their minds yet as questioning of chief justice nominee ends": The Los Angeles Times provides this news update.
Posted at 03:28 PM by Howard Bashman



"Roberts' Answers Frustrate Senate Democrats": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 03:15 PM by Howard Bashman



Available online from Slate: William Saletan has an essay entitled "Evasion of Privacy: The phony humility of John Roberts."

Dahlia Lithwick has a jurisprudence essay entitled "Confirmation Report: Oh, the humanity!"

And Bruce Reed of "The Has-Been" has a post titled "Finding Private Roberts: If John Roberts were a poem, what would he mean?"
Posted at 03:04 PM by Howard Bashman




The Coalition for a Fair & Independent Judiciary unveils "Silence" ad: You can view it online here (Windows Media Player) and here (QuickTime).
Posted at 02:30 PM by Howard Bashman



"Fourth Day of Hearings on the Nomination of Judge Roberts": A continually updated transcript of today's proceedings is available here via The New York Times.
Posted at 02:10 PM by Howard Bashman



Unfortunately, the article doesn't say how much he paid for the bobblehead dolls: The Times Argus of Barre, Vermont today contains an article headlined "Judge Roberts' nod to Vermont."

The article begins: "Wally Malley may have retired this summer after more than a decade as the state's deputy attorney general, but his one and only U.S. Supreme Court case was on the mind of Chief Justice nominee John Roberts Wednesday."

And the article goes on to report, "That Roberts could pull the obscure case out of seemingly nowhere in response to a question by Sen. Charles Grassley, R-Iowa, impressed Malley, who, after winning the case, bought bobble head dolls of Justices John Paul Stevens and Sandra Day O'Connor to go with the two quill pens he was given after arguing before all nine members of the court."
Posted at 02:05 PM by Howard Bashman




"Roberts Says He Won't Be Ideologue": Jesse J. Holland of The Associated Press provides this report.
Posted at 02:04 PM by Howard Bashman



Programming note: This morning, my day job requires my presence in Harrisburg, Pennsylvania to present an appellate oral argument. Additional posts will appear here this afternoon.

At 9 a.m. eastern time today, the Senate Judiciary Committee will resume its hearing on the nomination of John G. Roberts, Jr. to be Chief Justice of the United States. The hearing will begin with the nominee still in the hot seat, but at some point before too late in the day other witnesses are scheduled to testify.

In addition to viewing online via C-SPAN3 (using RealPlayer or Windows Media Player), the Judiciary Committee offers a live audio feed, as does National Public Radio (RealPlayer required). Tom Goldstein of "SCOTUSblog" is live-blogging the hearing, as is Tom Curry of MSNBC.
Posted at 06:15 AM by Howard Bashman




"Judge Lawrence Karlton Screws Up the Pledge Case -- Big-Time": This post appears at "Patterico's Pontifications." My analysis of yesterday's ruling is here.
Posted at 06:10 AM by Howard Bashman


Wednesday, September 14, 2005


In Thursday's edition of The Los Angeles Times: An article will report that "Roberts Offers Fuller Accounting of Views."

And David G. Savage will report that "Roberts Distances Himself From Court Originalists."
Posted at 11:58 PM by Howard Bashman




In Thursday's edition of The New York Times: Adam Liptak and Robin Toner will have an article headlined "Roberts Parries Queries on Death and Roe v. Wade." A transcript of today's proceedings can be accessed here.

And in other news, "Judge Rules Reciting Pledge in Schools Is Unconstitutional."
Posted at 11:55 PM by Howard Bashman




In Thursday's edition of The Washington Post: The newspaper will contain a front page article headlined "Roberts Frustrates Committee Democrats; GOP Optimistic On Confirmation."

Charles Lane will have a news analysis headlined "A Conservative, Yes, but Not a Scalia."

In other coverage, "Democrats Dissect Memos From 1980s; Nominee Attempts to Create Distance" and "'Advise and Consent,' Anyone?"

And in other news, "Judge Rules Pledge of Allegiance in Calif. Schools Unconstitutional."
Posted at 10:55 PM by Howard Bashman




Available online from law.com: An article reports that "Feds' Search Moves Trouble 9th Circuit."

And in other news, "Georgia Chief Justice Attempts to Cut Red Tape for Evacuee Lawyers."
Posted at 10:50 PM by Howard Bashman




In today's edition of The Daily Journal of California: Lawrence Hurley has an article headlined "Roberts Steps Past Queries on Abortion; Nominee Supports Precedent to Avoid 'Jolt' to Legal System."

And today's newspaper also contains "Two Scholars View the Hearing" consisting of an essay by Law Professor Erwin Chemerinsky entitled "Testimony Misleads Judiciary Panel, People" and an essay by Law Professor Douglas Kmiec entitled "Adjourn Hearing--Approve Him Immediately."
Posted at 10:33 PM by Howard Bashman




"The Philosopher-Justice: Stephen Breyer's new book is a direct challenge to Antonin Scalia from within the Court; It's about time." Law Professor Cass R. Sunstein has this book review (pass-through link) in the September 19, 2005 issue of The New Republic.

Knopf's web page devoted to the book refers to its author, Justice Stephen G. Breyer, as "a judge often regarded as one of the court's most brilliant members." The web page also explains that the book is "based on the Tanner lectures on Human Values that Justice Stephen Breyer delivered at Harvard University in November 2004" A preliminary draft of Justice Breyer's lectures can be freely accessed here.
Posted at 10:23 PM by Howard Bashman




"Specter's Questioning Reflects Recent Battle as Justices Move to Curb Lawmakers' Powers": Linda Greenhouse will have this news analysis Thursday in The New York Times.
Posted at 10:13 PM by Howard Bashman



In Thursday's edition of The Hill: Tomorrow's newspaper will contain articles headlined "Nominee sails through second day of questions" and "Now right demanding Dem memos."
Posted at 10:10 PM by Howard Bashman



In coverage of the Senate Judiciary Committee hearing from PBS's "The NewsHour with Jim Lehrer": Yesterday's broadcast contained two segments (here and here, transcripts with links to video) while a transcript from one of today's two segments is available online here (with link to audio).
Posted at 10:01 PM by Howard Bashman



"Roberts Says He's Been More Expansive Than Confirmed Justices; GOP committee members stress Roberts has answered more questions than any other nominee": T.R. Goldman and Tony Mauro have this report online at law.com.
Posted at 09:05 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment featuring Nina Totenberg entitled "Roberts Reticent on Previous Court Rulings."

And today's broadcast of "Talk of the Nation" included a segment featuring David G. Savage entitled "Roberts' Confirmation Hearings Continue."

RealPlayer is required to launch these audio segments.
Posted at 08:55 PM by Howard Bashman




"Pledge recital: invalid once more." Lyle Denniston has this post online at "SCOTUSblog."
Posted at 08:50 PM by Howard Bashman



Knight Ridder Newspapers are reporting: Stephen Henderson and James Kuhnhenn report that "Roberts stresses restraint, refuses to be pinned down."

And James Kuhnhenn also has an article headlined "Sometimes personal, political blur when senators question Roberts."
Posted at 08:48 PM by Howard Bashman




"Judge: School pledge 'unconstitutionally coercive.'" The Sacramento Bee provides this news update.
Posted at 08:44 PM by Howard Bashman



In holding that the Ninth Circuit's Pledge of Allegiance ruling, even after being reversed by the U.S. Supreme Court, requires the U.S. District Court for the Eastern District of California to hold that recitation of the Pledge in public schools is unconstitutional, today's ruling is really, really wrong: The U.S. Supreme Court ruled in June 2004 that because plaintiff Michael A. Newdow lacked "prudential standing," the judgment of the U.S. Court of Appeals for the Ninth Circuit had to be reversed. A five-Justice majority on the Supreme Court therefore saw no need to consider on the merits whether the recitation of the Pledge in public schools was unconstitutional. The remaining three Justices (remember, Justice Antonin Scalia was recused) concurred in the judgment, concluding that Newdow possessed standing but that recitation of the Pledge in public schools was not unconstitutional.

Today's federal district court opinion treats the U.S. Supreme Court's ruling as though it reversed the Ninth Circuit in part. In other words, the Supreme Court disagreed only with the Ninth Circuit's conclusion that Newdow possessed standing to receive a ruling on the merits but did not disagree (or agree) with the Ninth Circuit's resolution on the merits. I disagree with the district court's view for two reasons. First, the Supreme Court's reversal of the Ninth Circuit's judgment was not a reversal in part, because otherwise the three Justices who disagreed with the majority's prudential standing decision could not have concurred in the judgment based on their view that recitation of the Pledge was not unconstitutional. In other words, the remaining three Justices could not have concurred in the judgment unless the judgment had the effect of erasing the Ninth Circuit's resolution of the merits. And second, the Supreme Court's majority's ruling was not a reversal in part. A typical reversal in part comes in a case where the court of appeals has issued two unrelated holdings: the color blue is more pleasant than the color red, and the number two is greater than the number four. If the Supreme Court grants certiorari to review the mathematical holding and thereafter reverses, holding that four is greater than two, the court of appeals' holding concerning which color is more pleasing survives undisturbed. In Newdow's earlier case, however, the Ninth Circuit's ability to reach the merits depended on Newdow's satisfaction of both Article III and prudential standing requirements. Because Newdow couldn't satisfy the prudential standing requirement, the Ninth Circuit should not have resolved the merits, and the Ninth Circuit's resolution of the merits was rendered a nullity.

Today's federal district court ruling cites precedents for the proposition that a court may reach the merits where the existence of prudential standing is especially difficult to resolve. But the district court's decision severely misapplies these precedents. A more accurate statement of these holdings is that where the question whether a plaintiff satisfies prudential standing requirements is especially difficult to decide, and on the merits a ruling against the plaintiff is relatively easy, the court may resolve the case against the plaintiff on the merits. I am unfamiliar with any precedent, prior to today's ruling, holding that where the plaintiff's ability to satisfy prudential standing requirements is too difficult to decide, the court can sidestep the standing question and rule against the defendant on the merits. Yet by allowing the Ninth Circuit's earlier merits ruling to stand in a case where the plaintiff lacked prudential standing, that is the effect of today's ruling.
Posted at 08:10 PM by Howard Bashman




"Court says flag pledge violates U.S. Constitution": Reuters provides this report.
Posted at 06:00 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Roberts Heads Toward Likely Confirmation"; "Senators Push Roberts, the Man, Only So Far"; and "Roberts Reveals His Favorite Movies."
Posted at 05:55 PM by Howard Bashman



"Precedential Effect of Reversed Decisions": Law Professor Eugene Volokh offers these thoughts on today's Pledge of Allegiance ruling. I agree with his prediction concerning how the Ninth Circuit will rule on appeal from today's ruling.
Posted at 05:50 PM by Howard Bashman



"Judge OKs Everett's Ten Commandments; Lawsuit challenging monolith is rejected": This article appears today in The Seattle Post-Intelligencer.

The Seattle Times today reports that "Religious monument may stay, judge rules."

And The Herald of Everett, Washington reports that "Judge allows Everett monument; A marker with the Ten Commandments can remain outside the police station." The newspaper also offers this photograph of the monument.

You can access a copy of yesterday's ruling of the U.S. District Court for the Western District of Washington at this link.
Posted at 05:44 PM by Howard Bashman




"Pledge of Allegiance in Public Schools Ruled Unconstitutional": Maura Dolan of The Los Angeles Times provides this news update.
Posted at 05:02 PM by Howard Bashman



"News Flash: Republicans Like Roberts; Senators' Rhetoric Leaves Little Time for Nominee to Get a Word In." Dana Milbank provides this update online at The Washington Post.
Posted at 05:00 PM by Howard Bashman



"Caron on Judicial Humility": Paul L. Caron of "TaxProf Blog" offers this post.
Posted at 04:55 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Senate Continues Probe of Roberts' Legal Thinking"; "Slate's Jurisprudence: Roberts and Privacy Rights" (featuring Dahlia Lithwick); and "Throwing Baseball Analogies from the Hot Seat." RealPlayer is required to launch these audio segments.
Posted at 04:23 PM by Howard Bashman



"The Unjust Detention of Jose Padilla": FindLaw commentator Joanne Mariner has this essay today.
Posted at 04:15 PM by Howard Bashman



"Judge rules Pledge of Allegiance unconstitutional; 'Under God' reference not appropriate for public schools, he says": The San Francisco Chronicle provides this news update.
Posted at 04:00 PM by Howard Bashman



"For Roberts, path to high court splits candor, caution; Democratic senators have struggled to glean Chief Justice nominee John Roberts's personal views": Warren Richey will have this article in Thursday's edition of The Christian Science Monitor.
Posted at 03:54 PM by Howard Bashman



"Roberts Gingerly Backs Voting Rights Law": The Los Angeles Times provides this news update.
Posted at 03:50 PM by Howard Bashman



The wire services are reporting: Thomas Ferraro of Reuters reports that "Roberts vows to seek consensus on U.S. high court."

And Jesse J. Holland of The Associated Press provides a report headlined "Roberts: Law Will Guide Right-To-Die Cases."
Posted at 03:44 PM by Howard Bashman




"Third Day of Hearings on the Nomination of Judge Roberts": Via The New York Times, you can access here a continually-updated transcript of today's proceedings. Already, today's Pledge of Allegiance ruling has been mentioned.
Posted at 03:33 PM by Howard Bashman



A prediction: I predict that the U.S. Court of Appeals for the Ninth Circuit will disagree with U.S. District Judge Lawrence K. Karlton's decision issued today in Newdow v. U.S. Congress, insofar as Judge Karlton held that the Ninth Circuit's earlier ruling in Newdow's earlier case that recitation in public school of the Pledge of Allegiance is unconstitutional remained binding law in the Ninth Circuit even after having been reversed by the U.S. Supreme Court. Of course, if I am incorrect, then public schools within the nine States and two Territories located within the Ninth Circuit should no longer be reciting the Pledge of Allegiance.

Coincidentally, on Monday of this week the Ninth Circuit's Circuit Executive Office issued a news release entitled "Dispelling the Notion of Judicial Activism."
Posted at 03:14 PM by Howard Bashman




BREAKING NEWS -- Here we go again: David Kravets of The Associated Press provides a report headlined "Judge: School Pledge Is Unconstitutional" that begins, "Reciting the Pledge of Allegiance in public schools was ruled unconstitutional Wednesday by a federal judge who granted legal standing to two families represented by an atheist who lost his previous battle before the U.S. Supreme Court."

I have posted online at this link a copy of today's ruling of the U.S. District Court for the Eastern District of California. Earlier pleadings filed in this case can be accessed via this link.

It appears that the basis for today's federal district court ruling is the conclusion that the U.S. Court of Appeals for the Ninth Circuit's earlier ruling, in Michael A. Newdow's earlier case, remains binding law in the Ninth Circuit, despite having later been reversed by the U.S. Supreme Court in a ruling that you can access here.

I considered the effect of the Supreme Court's reversal on the precedential value of the Ninth Circuit's ruling back in June 2004, after the Supreme Court's ruling issued, in posts that can be accessed here, here, and here.
Posted at 02:24 PM by Howard Bashman




"No Comment: John Roberts possesses Washington's most prized skill -- the ability to say nothing at great length." T.A. Frank has this essay (pass-through link) online today at The New Republic.
Posted at 02:22 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Roberts Says He'll Decide Cases by Law" and "At Hearing, Roberts Addresses Media Access."
Posted at 12:50 PM by Howard Bashman



"State high court hears Columbine records case; Debate focuses on personal privacy, public's right to know": This article appears today in The Rocky Mountain News.

And The Denver Post today reports that "Columbine dispute heard; Families of the killers and the Jeffco sheriff oppose releasing material seized from kids' homes; The Post's lawyer cites a public need to know."
Posted at 12:34 PM by Howard Bashman




"Court Play: Aggressive Patent Litigants Pose Growing Threat to Big Business; Unlikely Phoenix Duo Push A Rival Near Bankruptcy In Prepaid-Cellphone Case; A Deposition on Car Thievery." Today's edition of The Wall Street Journal contains this front page article (pass-through link).
Posted at 12:20 PM by Howard Bashman



"Microsoft Asks Supreme Court to Hear $500 Million Eolas Appeal": This post appears today at "Patently-O: Patent Law Blog."
Posted at 12:05 PM by Howard Bashman



"Bush Nominates First-Trimester Fetus To Supreme Court": Today's edition of The Onion contains this article. According to the article:
If confirmed by Congress, the bean-sized vertebrate would be the nation's first prenatal Supreme Court justice.

The unnamed fetus, who made headlines only three weeks ago when he or she was appointed to the Virginia State Supreme Court after working at a private law practice for five hours, has enjoyed a meteoric career in American jurisprudence. A remarkable prodigy who graduated from Georgetown Law School mere days after his or her neural folds fused, the nominee reportedly shares much of the conservative, pro-business philosophy of the Bush White House.

Nevertheless, Capitol Hill sources say that his or her nomination comes as a surprise. Legal observers had anticipated that Bush would name a prominent conservative like Attorney General Alberto Gonzales, or the second-trimester female fetus that heads the legal department of Molson Coors Brewing Company, or former Solicitor General Theodore Olson.

The article goes on to report that the nominee has served as a columnist for The Legal Intelligencer.

Today's issue of The Onion also contains a newsbrief headlined "Souter Hopes Roberts Is Into Birds."
Posted at 11:24 AM by Howard Bashman




"Roberts Supports Privacy, Precedent in Hearings": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 11:15 AM by Howard Bashman



A press briefing will follow the meeting of the Judicial Conference of the United States on Tuesday, September 20, 2005: The Administrative Office of the U.S. Courts has today circulated an announcement advising that "The Judicial Conference of the United States will hold its biannual meeting Tuesday, September 20, 2005." Among other things, the Judicial Conference is scheduled to consider whether to transmit to the Supreme Court of the United States proposed Federal Rule of Appellate Procedure 32.1, which would allow non-precedential rulings to be cited in briefs filed in all U.S. Courts of Appeals.

The Supreme Court would then have until May 1, 2006 to transmit the proposed rule to the U.S. Congress, and the rule would take effect on December 1, 2006 unless Congress enacts legislation to reject, modify, or defer the rule. Details on the federal courts' rulemaking process can be accessed here.

I most recently touched on this issue in a post titled "Who will ask Chief Justice nominee John G. Roberts, Jr. for his views on splitting the Ninth Circuit?"
Posted at 11:10 AM by Howard Bashman




Weekend at Boerne's: A reader emails:
I am listening to the Roberts hearing on the radio. Judge Roberts just pronounced "crabbed" as crab-bed. I always assumed it was pronounced crabd. Have you ever heard someone use Roberts' pronunciation? I could be wrong--after listening to an appellate argument at the Minnesota Court of Appeals, I was surprised to learn that "primer" is correctly pronounced prim-er rather than prime-er.
(This post's title is inspired by a movie title.)
Posted at 10:10 AM by Howard Bashman



"Confirmation Report: OK, John, you're humble; We get the point." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:05 AM by Howard Bashman



Available today at National Review Online: Byron York has an essay entitled "Roberts Threads the Needle: Just what did he say about Roe? The Democrats didn't ask."

Hadley Arkes has an essay entitled "Reversing the Tables: Still time for Republicans to seize the hearing moment."

Vincent Phillip Munoz has an essay entitled "Holy Rights: Church and state and the Bush justices."

And Horace Cooper has an essay entitled "Two's No Crowd: The Senate has rapidly confirmed two justices before."
Posted at 10:00 AM by Howard Bashman




Round two of questioning in the Senate Judiciary Committee is now underway: U.S. Senator Tom Coburn (R-OK), the final Judiciary Committee member to ask questions in round one, didn't even use his entire allotted time.
Posted at 09:54 AM by Howard Bashman



The Hill is reporting: Today's newspaper contains articles headlined "Liberal groups focus on 'flipping' centrists" and "'Go ahead ... continue not to answer.'"
Posted at 09:52 AM by Howard Bashman



"Roberts: Congress Can Trump Court Decision." Jesse J. Holland of The Associated Press provides this report.
Posted at 09:50 AM by Howard Bashman



"Battle Lost, Eviction Starts; Defiance Persists In Fort Trumbull": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Residents of New London's Fort Trumbull peninsula have been served with orders to move out by mid-December, signaling the end of the line for the diehards who narrowly lost their eminent domain battle before the U.S. Supreme Court."

And The Day of New London, Connecticut reports today that "Eviction Notices Sent Out By NLDC; Remaining Fort Trumbull residents are told to leave, pay occupancy fee."
Posted at 09:10 AM by Howard Bashman




Day three of the confirmation hearing for John G. Roberts, Jr. to be Chief Justice of the United States is underway: U.S. Senators Sam Brownback (R-KS) and Tom Coburn (R-OK) will be asking their first round of questions this morning. And then on to the second round, likely to be followed by a dispute between Democrats and Republicans on the Senate Judiciary Committee over whether additional rounds of questioning are needed.

In addition to viewing online via C-SPAN3 (using RealPlayer or Windows Media Player), the Judiciary Committee offers a live audio feed, as does National Public Radio (RealPlayer required).

Tom Goldstein of "SCOTUSblog" is live-blogging the hearing, as are Tom Curry of MSNBC and Marc Ambinder of National Journal.
Posted at 09:03 AM by Howard Bashman




"Chertoff delayed federal response, memo shows": Jonathan S. Landay, Alison Young and Shannon McCaffrey of Knight Ridder Newspapers provide this report. Before becoming Secretary of the Department of Homeland Security, Michael Chertoff served as a judge on the U.S. Court of Appeals for the Third Circuit.

In somewhat related news, The Clarion-Ledger of Jackson, Mississippi reports today that "Courts returning to routine business; Only jury trials being delayed; many potential jurors now displaced."
Posted at 07:00 AM by Howard Bashman




"Roberts Fields Questions on Privacy and Precedents": This article appears today in The New York Times. Linda Greenhouse has a news analysis headlined "By Invoking a Former Justice, the Nominee Says Much but Gives Away Little." Adam Liptak has an article headlined "Explicit Endorsements of Some Decisions." And in related coverage, "With Goal Clear, Nominee Is Profile in Caution" and "In Complex Dance, Roberts Pays Tribute to Years of Precedent Behind Roe v. Wade."

The Washington Post today contains front page articles headlined "Roberts Avoids Specifics on Abortion Issue; Nominee Distances Himself From Reagan-Era Writings" and "As Questioning Begins, Euphemisms Abound." Charles Lane has a news analysis headlined "Sounding Less Conservative but Still Noncommittal." And in related coverage, "Unclear on Abortion, Critics Say."

The Los Angeles Times reports that "Roberts Is Confronted on Abortion; The chief justice nominee tells a Senate panel he is committed to legal precedent, but doesn't say how that applies to Roe vs. Wade." A news analysis is headlined "Roberts Stays Solid Favorite Without Firm Answers; Some may criticize the nominee as evasive, but his remarks aren't likely to stir more opposition." And David G. Savage has articles headlined "Roberts Sticks to Script on Abortion Questions; Like other Republican nominees, he declines to say whether he would uphold Roe vs. Wade" and "Roe Ruling: More Than Its Author Intended."

In The Wall Street Journal, Jeanne Cummings and Jess Bravin report that "Roberts Leaves Fate of Roe Open; Nominee for Chief Justice Embraces Right to Privacy Underlying Abortion Ruling" (pass-through link).

In USA Today, Kathy Kiely and Joan Biskupic have a front page article headlined "Roberts avoids specifics on abortion; Says 'Roe v. Wade' is 'settled as precedent.'" And Joan Biskupic and Toni Locy report that "Roberts proves to be a cool, savvy witness; Keeps composure as Democrats fire away."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Roberts sidesteps abortion debate; Judge says right to privacy found in Constitution." And in related coverage, "At hearing, abortion a frustrating issue."

In The San Francisco Chronicle, Bob Egelko reports that "Roberts parries Democrats' questions; Nominee acknowledges right to privacy, refuses to reveal his views on abortion."

The Baltimore Sun contains articles headlined "Roberts: Roe 'settled as precedent'; But judge resists attempts to elicit personal opinion about prior abortion rulings; Nominee spars with Democrats" and "On abortion issue, Roberts leaves both sides with doubts; Chief justice nominee avoids getting specific about Roe v. Wade." And a news analysis is headlined "A cool nominee easily sidesteps the hot issues."

Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers report that "Abortion a 'settled precedent,' Roberts says."

The Boston Globe reports that "Pressed on Roe, Roberts cites respect for precedent; Avoids firm stance, backs right of privacy" and "Nominee exhibits several deft moves." And Charlie Savage has an article headlined "Aggrieved, senators probe limits of their power."

The Washington Times contains articles headlined "Roberts minimizes his role"; "Roberts defends Roe as 'a precedent'"; "Roberts criticizes foreign law used as precedent"; and "Roberts probed on overturning past rulings."

Online at law.com, T.R. Goldman and Tony Mauro report that "Roberts Challenged by Democratic Senators."

In The Pittsburgh Post-Gazette, Michael McGough and Maeve Reston report that "Roberts fends off abortion questions." And in related coverage, "Democrats take turns grilling on abortion, other tough issues."

The Sacramento Bee contains articles headlined "Roberts backs privacy, avoids abortion debate" and "No fireworks displays as Feinstein homes in."

Newsday reports that "Senators use old memos for questioning."

The Philadelphia Inquirer reports that "Specter cuts to the case - 'Roe'; That was his first line of questioning for Roberts."

The Houston Chronicle reports that "Roberts stays cool as exchanges sizzle; Irked Democrats accuse nominee of skating around abortion questions."

The St. Petersburg Times reports that "Roberts says that he supports a right to privacy and that the president should follow laws on torture; But Democrats complain there's plenty he doesn't say."

The Dallas Morning News reports that "Roberts dodges specifics; Democrats grill judge on abortion, civil rights."

The Hartford Courant reports that "Abortion Is Focus As Both Sides Spin Nominee's Words."

The St. Louis Post-Dispatch reports that "Roberts rebuffs efforts to pin down his views."

The Milwaukee Journal Sentinel reports that "Roberts sees privacy right; But Supreme Court pick remains vague on abortion stance."

The Atlanta Journal-Constitution reports that "Roberts deflects pointed queries."

The Toronto Globe and Mail reports that "Roe v. Wade 'settled as a precedent,' Roberts says; U.S. nominee for chief justice remains cool under tough questioning from senators."

The San Jose Mercury News reports that "Roberts deflects abortion inquiries."

The Deseret Morning News reports that "Hatch easy on Roberts: Nominee describes philosophy."

The New York Sun reports that "Schumer 'Surprised' by Judge Roberts."

The State of Columbia, South Carolina reports that "Graham focuses on character; 'Greater issue,' S.C. senator says, is 'about who you are.'"

The Newark Star-Ledger reports that "Democrats fail to pin down Roberts; Chief justice nominee declines to offer his personal views on volatile issues."

The Cleveland Plain Dealer reports that "Roberts quizzed on E. Cleveland zoning case."

The Dayton Daily News reports that "DeWine wants chief justice to take modest role on bench."

The Harrisburg Patriot-News reports that "Specter avoids direct hit on abortion."

The Des Moines Register reports that "Grassley asks about perceived role of being justice; The Republican senator from Iowa says the nominee for chief justice is 'intellectually honest.'"

The Times Argus of Barre, Vermont reports that "Leahy growing frustrated with Roberts."

The Lawrence (Kan.) Journal-World reports that "Area judges weigh in on confirmation hearings."

The Harvard Crimson reports that "Senate Committee Questions Roberts."

BusinessWeek offers a news analysis headlined "Roberts Robes Himself in Pragmatism; The Chief Justice nominee has rejected strict interpretations of the Constitution; That should hearten the Left and Corporate America alike."

And at "SCOTUSblog," Lyle Denniston has a post titled "Analysis: Some revelations on Day Two."
Posted at 06:30 AM by Howard Bashman



Tuesday, September 13, 2005


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Roberts Resists Specifics in Senate Session" (featuring Nina Totenberg); "Senators Prod a Stoic Roberts"; and "Senate Hearings and John Roberts."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Highlights from the Roberts' Confirmation Hearings" (featuring David G. Savage).

RealPlayer is required to launch these audio segments.
Posted at 08:55 PM by Howard Bashman




Ten days ago tonight: Chief Justice William H. Rehnquist died.
Posted at 08:45 PM by Howard Bashman



"Roberts Indicates Respect for Abortion Precedent": The Los Angeles Times provides this news update.

And The Washington Post provides a news update headlined "Hearings Begin With Questions About Abortion; Democratic Senators Challenge Roberts on Civil Right, Gender-Discrimination Laws."

You can access a transcript of today's proceedings at this link (via The New York Times).
Posted at 08:44 PM by Howard Bashman




"Not Encouraging, Part II": Andrew at "Confirm Them" follows-up here his earlier post from today, which I earlier noted here.
Posted at 08:35 PM by Howard Bashman



"Roberts Plays It Circumspect": Charles Lane has this news analysis online at The Washington Post.

Online at The Los Angeles Times, Ronald Brownstein has a news analysis headlined "A Strong Performance by a Clear Favorite."

And The Associated Press provides a report headlined "Feinstein: Disappointed Roberts not more forthcoming."
Posted at 08:30 PM by Howard Bashman




"How the Court Imitates the World Series: John Roberts' winning baseball analogy." Jack Shafer has this press box essay online at Slate.
Posted at 08:24 PM by Howard Bashman



"Roberts' Rope-A-Dope": CBS News legal analyst Andrew Cohen has this essay concerning today's events.
Posted at 08:22 PM by Howard Bashman



"Senators wary of court reach; At hearings, they challenge Roberts on balance of powers": This article will appear Wednesday in The Christian Science Monitor.
Posted at 06:14 PM by Howard Bashman



"The Issue Senators Dare Not Speak of by Name": Dana Milbank has this essay online at The Washington Post.
Posted at 06:12 PM by Howard Bashman



"U.S. court declines to decide who is an Indian": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 06:10 PM by Howard Bashman



"Roberts the Elder: John Roberts has an understated personality, but his record will be all torpedo." Law Professor Jonathan Turley has this essay online at The Village Voice.
Posted at 05:40 PM by Howard Bashman



U.S. Supreme Court Justices don't bat, but tomorrow night one will pitch: In his opening statement yesterday, Chief Justice nominee John G. Roberts, Jr. stated that "I will remember that it's my job to call balls and strikes and not to pitch or bat."

Tomorrow night, however, as reported here (second to last item): "U.S. Supreme Court Justice John Paul Stevens will throw out the first pitch on Wednesday [when the Chicago Cubs host the Cincinnati Reds]. It is believed to be the first time a U.S. Supreme Court Justice has done so at a Major League game. Supreme Court justices once frequently attended Opening Day in Washington D.C., most often sharing a box with the president. The president usually got to throw out the first pitch. Chief Justice Charles Evans Hughes attended a Cubs-Giants game at Wrigley Field on Aug. 22, 1930. According to research by baseball historian Ed Hartig, Hughes did attend several banquets as well as the game, but did not throw out a first pitch."
Posted at 05:30 PM by Howard Bashman




"US lumber issues legal challenge to NAFTA system": Reuters provides this report.
Posted at 05:02 PM by Howard Bashman



The Associated Press is reporting: Now available online are reports headlined "Roberts Fields Hours of Questions"; "Roberts Dodges Specifics on Abortion": and "Newsview: Roberts Smooths Rough Edges."
Posted at 05:00 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The program contained segments entitled "Roberts Grilled on Key Abortion Ruling" and "Slate's Jurisprudence: Roberts' Legal Philosophy" (featuring Emily Bazelon). RealPlayer is required to launch these audio segments.
Posted at 04:54 PM by Howard Bashman



"In the Face of a CNN Lawsuit, FEMA Agrees To Allow Media Coverage Of Katrina's Dead: If the Case Had Proceeded, Who Would Have Won, and Why?" FindLaw commentator Julie Hilden has this essay online today.
Posted at 04:50 PM by Howard Bashman



"Roberts's testimony provides no assurance that he'd uphold a woman's right to choose": This post appears at "Nomination Watch," the blog of the National Women's Law Center.

For a somewhat different view, Andrew at "Confirm Them" has a post titled "Not an Encouraging Morning."
Posted at 03:55 PM by Howard Bashman




Rulings of the U.S. Supreme Court have consequence: The Day of New London, Connecticut today contains an article headlined "NLDC evicts some Fort Trumbull homeowners; Ward calls for special legislative session" that begins:
Tenants of two houses in the Fort Trumbull neighborhood received notices Monday from the New London Development Corp. ordering them to leave in 90 days and to pay an occupancy fee for the remainder of their time there.

The notices arrived at 49 and 53 Goshen St. three weeks after the U.S. Supreme Court upheld the right of the city and the NLDC to seize houses in the Fort Trumbull neighborhood to make way for a commercial development designed to plump up the tax base.

While the court sanctioned the takings, Gov. M. Jodi Rell and the state legislature also asked all cities and towns to refrain from flexing their eminent domain power until lawmakers had a chance to consider measures that would protect the rights of private property owners.

In other coverage, The Associated Press reports that "Winners of eminent domain case send out eviction notices."
Posted at 03:45 PM by Howard Bashman



John G. Roberts, Jr. agrees with the result in Griswold v. Connecticut: Marc Ambinder notes the exchange here, and Tom Goldstein here.
Posted at 03:06 PM by Howard Bashman



In commentary: Today in The New York Times, columnist John Tierney has an op-ed entitled "Making Roberts Talk."

Today in The Los Angeles Times, Stephen Gillers, David Luban and Steven Lubet have an op-ed entitled "Roberts' bad decision." Last month, Slate published a similar essay by these same law professors.

In USA Today, Sandy Grady has an op-ed entitled "Time for Supreme Court reality TV: John Roberts' confirmation hearings highlight need for justices to end their camera shyness; Americans would be better educated if court proceedings on the issues of the day were televised."

In The Boston Globe, columnist Thomas Oliphant has an op-ed entitled "The stealth appointee."

The Baltimore Sun contains an editorial entitled "The secrecy precedent."

Newsday contains an editorial entitled "Roberts' power play: Washington's worries about change in balance of power emerge at hearing."

In The Houston Chronicle, columnist Cragg Hines has an op-ed entitled "Waiting for a second name to drop in top court drama."

The News & Observer of Raleigh, North Carolina contains an editorial entitled "Divining Roberts: Americans this week deserve a full airing of John Roberts' legal philosophy; His pledge of impartiality is a good start."

The Minneapolis Star Tribune contains an editorial entitled "What is Roberts' America like?"

The Boston Herald contains an editorial entitled "In John Roberts, make the right call."

The Lincoln Journal Star contains an editorial entitled "On Roberts: 'At least he's not Scalia.'"

The Virginian-Pilot contains an editorial entitled "Reasonable questions for Judge Roberts."

In The Christian Science Monitor, Martin Mayer has an op-ed entitled "Why they legislate 'from the bench.'" And Seth Stern has an essay entitled "Whose order will prevail in US courts? Two new books arrive just in time to help sort out the role of politics in US courts."

CBS News legal analyst Andrew Cohen has an essay entitled "Toothless Wolf To Question Roberts."

Online at The New Republic, David Kusnet has an essay entitled "Judicial Restraint: John Roberts cleverly built his opening statement around the theme of humility; That will appeal to liberals and conservatives--for very different reasons."

Online at The Weekly Standard, Matthew Continetti has an essay entitled "Notes from the Confirmation: The first day of hearings on John Roberts foretell a coming debate on the meaning of the Constitution."

Online at The Nation, David Corn has a post entitled "John Roberts Meets the Senate."

And at Salon.com, Michael Scherer has an essay entitled "Roberts' rules of order: The first day of John Roberts' confirmation hearings played as expected, with senators posturing, Judge Roberts saying nothing, and a pro-life activist dressed as Betsy Ross setting off a metal detector." And Dan Noyes has an essay entitled "The moneyed scales of justice? John Roberts' ties to corporate America, and his potential for conflicts of interest, would be unprecedented for a sitting justice; Will the Senate notice?"
Posted at 03:00 PM by Howard Bashman




"A Modest Proposal: Why John Roberts can't stop bragging about his humility." Bruce Reed has this post at Slate's "The Has-Been."
Posted at 02:32 PM by Howard Bashman



"Roberts Indicates Respect for Abortion Precedent": David G. Savage of The Los Angeles Times provides this news update.

The Washington Post, meanwhile, offers a news update headlined "Hearings Begin With Questions About Abortion; Democratic Senators Challenge Roberts on Civil Right, Gender-Discrimination Laws." And Terry M. Neal offers a "Talking Points" column entitled "Watching the Hearings Through a Partisan Lens."

For live blogging of this afternoon's session, you can opt for Tom Goldstein of "SCOTUSblog," Tom Curry of MSNBC, and Marc Ambinder of National Journal.
Posted at 02:24 PM by Howard Bashman




"Does John Roberts Have a Judicial Philosophy?" Law Professor Lawrence B. Solum offers this post at his "Legal Theory Blog."
Posted at 12:38 PM by Howard Bashman



Senator Joseph R. Biden Jr. (D-DE) is fencing with the nominee: Additional confrontational questioning can be expected later today from Senators Schumer, Durbin, and Feingold.
Posted at 12:33 PM by Howard Bashman



"Second Day of Hearings on the Nomination of Judge Roberts": Via The New York Times, you can access a transcript of today's proceedings at this link.
Posted at 12:18 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Roberts: Roe v. Wade 'Entitled to Respect'" and "Roberts Repeatedly Dodges Roe v. Wade."
Posted at 11:42 AM by Howard Bashman



"Roberts Confirmation Hearings Open on Capitol Hill": Yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained two related segments, which you can access here (transcript with link to audio) and here (RealPlayer required).
Posted at 11:40 AM by Howard Bashman



"Senate to Begin Questioning of John Roberts": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:32 AM by Howard Bashman



"The Roberts Court": Stuart Taylor Jr. has this essay in this week's issue of National Journal.
Posted at 11:01 AM by Howard Bashman



"Confirmation Report: And you thought the Supreme Court was out of touch with reality?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:00 AM by Howard Bashman



Available at National Review Online: U.S. Senator Orrin G. Hatch (R-UT) has an essay entitled "John Roberts Isn't Running for Congress: The Court is different."

Byron York has an essay entitled "At Roberts Hearing, the Question of Questions: Republicans start out in a defensive crouch."

Stephen B. Presser and Charles E. Rice have an essay entitled "Religious Tests: Where some Dems want to go, but shouldn't."

And John R. Lott Jr. has an essay entitled "Supreme Rhetoric: Remember the past when watching the hearings."
Posted at 10:50 AM by Howard Bashman




Sixth Circuit reverses injunction prohibiting the Michigan Department of Corrections from enforcing a permanent ban on virtually all visitation for prisoners found guilty of two or more substance abuse violations while incarcerated: Today was a big day in the U.S. Court of Appeals for the Sixth Circuit for cases previously heard on the merits in the Supreme Court of the United States.

In addition to today's ruling, summarized here, in Cutter v. Wilkinson, the Sixth Circuit today appears to have finally resolved a ten-year-old prison conditions case known as Overton v. Bazzetta when the Supreme Court ruled on it in June 2003. My summary of the Supreme Court's ruling can be accessed here. Today's ruling, which overturns a federal trial court's injunction prohibiting Michigan's state prison system from enforcing a rule that prohibits repeat in-prison drug users from receiving outside visitors, can be accessed here.
Posted at 10:35 AM by Howard Bashman




The Associated Press is reporting: Jesse J. Holland has a report headlined "Roberts: Precedent Important for Abortion."

And in other news, "Court Mulls Release of Columbine Videos."
Posted at 10:14 AM by Howard Bashman




"Senate Starts Roberts Hearings, Sets Groundwork for Questions": Jeanne Cummings and Jess Bravin have this article (pass-through link) today in The Wall Street Journal.

And The Denver Post today contains articles headlined "Roberts sees role as limited; The nominee addresses judicial activism in his opening remarks; Senators' questioning starts today" and "Colo. activists want answers in hearings; On each side of the spectrum, the goal is the same: getting Colorado's senators to vote their way on the nomination of John Roberts."
Posted at 10:08 AM by Howard Bashman




"We hold that RLUIPA is valid Spending Clause legislation that is not barred by the Tenth Amendment." Today the U.S. Court of Appeals for the Sixth Circuit issued its ruling in the Religious Land Use and Institutionalized Persons Act case known as Cutter v. Wilkinson. The case came before the Sixth Circuit on remand from the U.S. Supreme Court, which ruled on the case earlier this year.
Posted at 10:05 AM by Howard Bashman



"Roberts Sidesteps Landmark Abortion Ruling": Jesse J. Holland of The Associated Press provides this report.
Posted at 09:51 AM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper reports that "Nominee takes Senate stage; He pledges to be true to the rule of law, not politics" and "Roberts' abortion views matter, state poll finds."

And in local news, an article headlined "Potential court bid withdrawn" begins, "U.S. District Court Judge Morrison England of Sacramento has withdrawn his name as a possible appointee to the California Supreme Court, his office confirmed Monday."
Posted at 09:50 AM by Howard Bashman




Tom Goldstein is live-blogging day two of the confirmation hearing at "SCOTUSblog": You can access his coverage here. And Tom Curry, national affairs writer for MSNBC, is live-blogging here.

Already this morning, fewer than ten minutes into questions from Senate Judiciary Committee chairman Arlen Specter (R-PA), it is apparent that Chief Justice nominee John G. Roberts, Jr. will not discuss his views of Roe v. Wade or even whether he agrees with any other rulings of the U.S. Supreme Court. When Democratic Senators are asking the questions, you can expect Judge Roberts to be questioned much more aggressively on these issues.
Posted at 09:35 AM by Howard Bashman




He's masterfully evasive: That was my conclusion after observing John G. Roberts, Jr. testify at his confirmation hearings in 2003 for a judgeship on the U.S. Court of Appeals for the D.C. Circuit.

Day two of his confirmation hearing to become Chief Justice of the United States is scheduled to start just minutes from now. In addition to viewing online via C-SPAN3 (using RealPlayer or Windows Media Player), the Judiciary Committee offers a live audio feed, as does NPR (RealPlayer required).
Posted at 09:25 AM by Howard Bashman




"A grandfather's legacy of law, humor and love; Dana Rehnquist shares memories of chief justice": The Daily Pennsylvanian yesterday contained an article that begins, "College freshman Dana Rehnquist was on her way to dinner with her brother and grandfather one night a few years back when the grandfather, a big movie buff, announced that he had just seen a 'really raunchy' film. He loved it so much, he said, that even when his disgusted friends wanted to get up in the middle and leave, he ordered them to stay put."
Posted at 09:10 AM by Howard Bashman



"Court Docket May Color Roberts Hearings; With Justices Set to Consider Oregon Law, Nominee May Be Questioned About Right to Die": This article (free access) appears today in The Wall Street Journal.

Today in The Los Angeles Times, David G. Savage reports that "Roberts Sees Role as Judicial 'Umpire'; 'I have no platform,' the chief justice nominee tells senators at start of confirmation hearings." A related article is headlined "An Understated Start to Hearings; Moments of drama are few on the first day of proceedings for the chief justice nominee; But some say the restraint may not last the week."

The New York Times, in addition to containing the articles earlier noted here, reports that "As Roberts Hearings Begin, Manners Befit the Moment."

The Washington Post, in addition to containing the articles earlier noted here, contains an article headlined "The Unheard: On the First Day, John Roberts's Reserve Is Confirmed."

In USA Today, Kathy Kiely and Joan Biskupic report that "Roberts pledges 'humility' as Senate hearings begin; Democrats want to know more." And Joan Biskupic and Toni Locy have an article headlined "'I have no platform,' Roberts professes; But high court's role in society could be central to hearings."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Roberts testifies, 'I have no agenda'; Democrats zero in on civil rights, privacy." And in related coverage, "Cordiality reigns--for now; Despite congratulations from Kennedy and talk of 'the Roberts era,' signs of a Supreme Court confirmation showdown are still in place."

The San Francisco Chronicle reports that "A poised Roberts assures panel he is able, fair -- not a lawmaker." And Bob Egelko has an article headlined "The Ginsburg stance is debated; She parried some queries, answered at length on others."

The New York Sun reports that "Court Nominee Says He'll Keep an Open Mind."

The San Jose Mercury News reports that "At start of hearing, Roberts takes dispassionate stance."

Newsday reports that "Democrats to press Roberts on ideology."

The Boston Globe contains articles headlined "Roberts tells panel he would join high court 'with no agenda'; Nominee for chief justice to face first questions today" and "Questioning will trigger torrent of text messages; Aides, experts poised to make salient points." In addition, Charlie Savage reports that "Attempt to link court hearings, GOP response seen as tenuous."

The Indianapolis Star contains articles headlined "To nominee, Indiana fields symbolize possibilities in U.S." and "Not many following hearings."

The Dallas Morning News contains an article headlined "Roberts: I'll judge with open mind; High court hearings begin with division over what he should disclose."

The Baltimore Sun reports that "Roberts promises to keep an 'open mind'; GOP senators laud him; Democrats voice doubts."

The Salt Lake Tribune reports that "First hearing on Roberts offers taste of struggle ahead; 'Battle lines forming': Hatch says that debates on specific legal issues could derail the process."

The St. Petersburg Times reports that "Roberts lays out philosophy of judicial restraint; When the high court nominee faces questioning today from senators, some will be eager to pin him down on issues."

The Evansville Courier & Press reports that "Drama takes Hoosier slant; Roberts tells how endless fields of Indiana represent unlimited possibilities."

The St. Louis Post-Dispatch contains articles headlined "Roberts tells senators he'd play by the rules" and "Anti-abortion ad targets Durbin as Roberts hearing opens."

The Washington Times contains articles headlined "Roberts comes with 'no agenda'"; "'Ginsburg standard' pits parties"; and "Katrina invoked in Roberts hearings."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court nominee hearings open; 'I have no platform,' Roberts says." And in related coverage, "Opening of Roberts' confirmation hearing surprisingly mild."

The Atlanta Journal-Constitution contains an article headlined "Roberts: 'I have no agenda'; Justice nominee vows 'humility' on court."

The Houston Chronicle reports that "Roberts vows fairness as high court umpire; As the hearings open, he says he'll call each case by the law, 'without fear or favor.'"

The Milwaukee Journal Sentinel reports that "Roberts vows to apply laws, not make them, on top court; Judges are like umpires, he tells senators at hearing."

The Newark Star-Ledger reports that "Roberts tries to assure committee he has no agenda; Division among senators already apparent before he is questioned."

The News Journal of Wilmington, Delaware reports that "Biden asks Roberts to explain writings; Senator says based on writings, he'd turn nominee down."

The Des Moines Register reports that "Roberts 'well-qualified,' Grassley says."

The Providence Journal reports that "R.I. court of opinion on Roberts is mixed; A lawyer in a group chaired by former Gov. Lincoln Almond says Roberts has the 'legal intellect, fairness, integrity, temperament' for the position, while the leader of Ocean State Action says 'we are opposing Judge Roberts.'"

The Woonsocket Call reports that "Chafee, Reed say they haven’t decided yet about Roberts."

The Rochester Democrat and Chronicle reports that "Local lawyer praises chief justice nominee."

The State News of Michigan State University reports that "Locals hope for balance on court; Absence of varied views concern for MSU community."

And BusinessWeek offers a news analysis headlined "No One's Kicking Dirt on 'Umpire' Roberts; Expectations of a showdown at the Supreme Court nominee's confirmation hearings didn't pan out; Don't worry, drama buffs, there's still time."
Posted at 06:30 AM by Howard Bashman



Monday, September 12, 2005


Three hours and forty minutes of riveting, non-stop viewing enjoyment: Anyone who missed day one of the Senate Judiciary Committee's confirmation hearing for Chief Justice nominee John G. Roberts, Jr., and anyone who demands another look to cure insomnia, can view the entire hearing online via C-SPAN by clicking here (RealPlayer required). C-SPAN also provides links to shorter video clips, organized by speaker, from today's hearing. And The New York Times provides this transcript of today's proceeding.
Posted at 11:30 PM by Howard Bashman



Available online from law.com: Tony Mauro and T.R. Goldman report that "Roberts Pledges Judicial Humility in Opening Remarks."

A truly fascinating, don't-miss item is headlined "Sworn Testimony: Rehnquist Remembered; The late chief justice's admirers -- and detractors -- speak of private moments and lasting legacies."

In other news, an article is headlined "9th Circuit: Warrantless Searches Must Be Warranted." My earlier coverage is here.

And an article reports that "Adelphia Asked Boies Schiller to Resign Over Family Connection to Vendor." Today's related article from The Wall Street Journal is here via "Adam Smith, Esq."
Posted at 11:00 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Roberts Hearings Begin with Talk of Agendas" (featuring Nina Totenberg) and "Opening Forays in Roberts Hearings." RealPlayer is required to launch these audio segments.
Posted at 10:55 PM by Howard Bashman



Available online from The Washington Post: Tuesday's newspaper will contain a front page article headlined "'Judges Are Not Politicians,' Roberts Says; As Hearings Begin, Democrats Call for Fuller Answers on Civil Rights Views."

Charles Lane will report that "Nominee's Rulings Lean Right."

Tomorrow's newspaper will also contain articles headlined "As Battlefield Shrinks, Democrats Mute Their Attacks" and "A Day of Firsts, Overshadowed."

Today's newspaper, meanwhile, contains an editorial entitled "The Roberts Hearings."
Posted at 10:44 PM by Howard Bashman




In Tuesday's edition of The New York Times: An article will report that "Roberts Pledges He'll Hear Cases With 'Open Mind.'"

Linda Greenhouse will have an article headlined "An Opening Performance Worthy of an Experienced Lawyer."

And Adam Liptak will report that "Democrats Seek Papers to Define Whys of Roberts."
Posted at 10:35 PM by Howard Bashman




"Battle begins for Supreme Court's soul; The President's proposed Chief Justice faces a grilling by Democrats before his position is confirmed": This article appears Tuesday in The Times of London.

The Guardian (UK) on Tuesday reports that "Battle begins in Senate on nomination of chief justice."

Patti Waldmeir reports in Tuesday's edition of Financial Times that "Roberts says judges should play limited role in society."

Tuesday in The Chicago Tribune, Jan Crawford Greenburg will report that "Confirmation hearings begin for chief justice nominee Roberts." And the newspaper will also report that "First day of Roberts hearing proceeds without protest."

The Hill on Tuesday will contain articles headlined "Roberts hearing begins"; "Sen. DeWine plans tough questioning"; and "CBC questions John Roberts."

Tom Curry, national affairs writer for MSNBC, has a report headlined "Looking inside the plainspoken Hoosier; Friends and foes see eloquence, but differ on what's next in grilling Roberts." Curry also blogged today's hearing for MSNBC.

From Knight Ridder Newspapers, James Kuhnhenn reports that "Judges 'don't make the rules,' Roberts says as hearings begin." And Stephen Henderson reports that "Roberts articulates philosophy of judicial restraint."

Voice of America News reports that "Supreme Court Nominee Pledges Open Mind if Confirmed" and "Wide Range of Legal Issues Surface at Roberts Hearings."

Investor's Business Daily reports that "Roberts Remains Calm While Senators Stake Left, Right Arguments."

And online at "SCOTUSblog," Lyle Denniston has a post titled "Commentary: political realism on Day One."
Posted at 08:50 PM by Howard Bashman




"Roberts makes statements at opening of confirmation hearing": Stephen Henderson of Knight Ridder Newspapers provides this report.

And the Washington Bureau of Knight Ridder has launched a blog titled "Roberts Left and Right."
Posted at 06:55 PM by Howard Bashman




"Roberts Pledges Judicial Humility in Opening Remarks": Tony Mauro and T.R. Goldman of Legal Times provide this news update.
Posted at 06:08 PM by Howard Bashman



"Gold Stripes? Try Pastel Robes, Sweetheart." This post appears online at the blog titled "Conservative Bloggers Who Support The Gay Judge Roberts" (via OpinionJournal's "Best of the Web Today" (sixth item)).
Posted at 06:04 PM by Howard Bashman



"Statement on passing of Chief Justice William H. Rehnquist": Thanks to the reader who drew to my attention this statement that Wisconsin Chief Justice Shirley S. Abrahamson issued last week.
Posted at 05:58 PM by Howard Bashman



"On Iran-contra, what did Roberts know? Memos reveal his objections to any Reagan White House role in contra-funding plans." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:28 PM by Howard Bashman



"Roberts Looks to Fill Rehnquist's Shoes": Via this link, you can access online a video segment from this past Friday's broadcast of the PBS program "Washington Week with Gwen Ifill."
Posted at 05:25 PM by Howard Bashman



"Surprise Party: Readers show the Judiciary Committee how to rattle John Roberts." Bruce Reed, author of Slate's "The Has-Been," provides this post.
Posted at 05:20 PM by Howard Bashman



Weight Watchers wins trademark infringement appeal on points: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:14 PM by Howard Bashman



"Racy e-mails to remain private; State Supreme court rules on whether every message produced on government-owned equipment is open to public scrutiny, even if the subject is intimate": The Denver Post provides this news update.

And The Rocky Mountain News provides a news update headlined "Court blocks release of Baker e-mails" that begins, "The Colorado Supreme Court unanimously blocked a Rocky Mountain News effort to obtain hundreds of e-mails exchanged between Arapahoe County Clerk Tracy Baker and Leesa Sale, his lover and assistant, in a decision this morning."

You can access today's ruling of the Supreme Court of Colorado at this link.
Posted at 05:04 PM by Howard Bashman




"Roberts Rejects 'Judicial Activism' In Opening Remarks; Senators Say They Will Question Nominee on Congressional Authority": The Washington Post provides this news update.

Jesse J. Holland of The Associated Press reports that "Roberts Says Justices Play a Limited Role." And The AP also provides an item headlined "Newsview: Roberts Hearings a Warm-Up."

Reuters provides reports headlined "Senate opens US high court confirmation hearing" and "Roberts, son face US Senate in hearing."

And Bloomberg News reports that "John Roberts Vows 'No Platform' as U.S. Chief Justice."
Posted at 04:55 PM by Howard Bashman




"Senate Judiciary Committee Hearings on Nomination of Judge Roberts": A complete transcript of today's proceedings is available here via The New York Times.
Posted at 04:50 PM by Howard Bashman



"Slate's Jurisprudence: Roberts on the Hot Seat." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:50 PM by Howard Bashman



Today's session of the Senate Judiciary Committee's hearing on the nomination of John G. Roberts, Jr. to be Chief Justice of the United States has concluded: Tom Goldstein of "SCOTUSblog" has a very useful description of today's session at this link.
Posted at 03:40 PM by Howard Bashman



"Can Liberals Oppose Roberts?" That's the subject of this week's Debate Club feature at legalaffairs.org. Law Professors Mark Tushnet and Jeffrey Rosen are this week's participants.
Posted at 03:38 PM by Howard Bashman



Senator Tom Coburn (R-OK) is the first to shed tears during the confirmation hearing: That's based on the audio. Tom Goldstein at "SCOTUSblog" calls it "the most dramatic moment of the proceedings so far."
Posted at 03:07 PM by Howard Bashman



"Embattled FEMA Director Mike Brown Resigns": The Associated Press provides this report.
Posted at 03:01 PM by Howard Bashman



"Senators Reveal Diverse Opinions as Roberts Hearings Open": The Los Angeles Times provides this news update.

And The New York Times provides access here to a transcript of today's hearings.
Posted at 02:54 PM by Howard Bashman




"The Bench: Rites." The September 19, 2005 issue of The New Yorker contains this Talk of the Town essay by Jeffrey Toobin. The magazine has also posted online the text of an interview with Toobin in which he discusses Chief Justice William H. Rehnquist's legacy, the process of replacement, and the future of the U.S. Supreme Court.
Posted at 02:33 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Third Circuit: In Franklin Prescriptions, Inc. v. New York Times Co., the plaintiff filed a defamation action arising under Pennsylvania law against one of the Nation's most well-known newspapers. After the federal district court denied the newspaper's motion for summary judgment, the case was tried to a jury, which found the article at issue to be false and defamatory but also found that plaintiff suffered no actual harm caused by the publication and accordingly awarded no damages. The jury verdict resulted in the entry of judgment in favor of The New York Times, and today a unanimous three-judge Third Circuit panel affirmed in an opinion that you can access here.

Today's other ruling of note is an action against a former Attorney General of Pennsylvania. Because that individual now himself serves on the Third Circuit, today's decision in his favor is rendered by judges visiting from outside the Third Circuit.
Posted at 02:30 PM by Howard Bashman




Available online from The Associated Press: An article reports that "Roberts' Kids Steal Show As Hearings Open." And The AP also provides "Quotes From Senators at Roberts' Hearing."
Posted at 02:20 PM by Howard Bashman



"Senators Spar Over Questioning Roberts": The Associated Press provides this updated report.

The following opening statements from Senate Judiciary Committee members can be accessed online by clicking on their names: Patrick Leahy (D-VT); Orrin G. Hatch (R-UT); Edward M. Kennedy (D-MA); Joseph R. Biden (D-DE); and Russ Feingold (D-WI). And the Democrats' witness list is here.
Posted at 12:54 PM by Howard Bashman




"Take That, Nino: Breyer dukes it out with Scalia." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 12:11 PM by Howard Bashman



The confirmation hearing for Chief Justice nominee John G. Roberts, Jr. is now underway: First, the nominee gets to introduce his family. And then the Senators on the Senate Judiciary Committee get to make opening statements. In addition to viewing online via C-SPAN3 (details here), the Judiciary Committee offers a live audio feed, as does NPR (RealPlayer required).
Posted at 12:00 PM by Howard Bashman



"GOP Warns Roberts on Probing Questions": Jesse J. Holland of The Associated Press provides this report. It appears that the nominee has opted for the charcoal grey suit, white shirt, and red tie.
Posted at 11:58 AM by Howard Bashman



"Welcome to the Roberts Confirmation Hearings": At "SCOTUSblog," Tom Goldstein is blogging from the Russell Senate Office Building.
Posted at 11:54 AM by Howard Bashman



"Rehnquist court split on Texas causes; Justices backed death penalty but not anti-sodomy law, school prayer": This article appears today in The Houston Chronicle.
Posted at 11:50 AM by Howard Bashman



Apparently C-SPAN4, 5, and 6 are otherwise occupied: C-SPAN3, a television station that my home cable system does not carry, will be broadcasting live coverage of today's confirmation hearing for Chief Justice nominee John G. Roberts, Jr. You can view the broadcast online by clicking here (RealPlayer) or here (Windows Media Player). The hearing is scheduled to begin at noon eastern time today, but pregame commentary is already underway.
Posted at 11:30 AM by Howard Bashman



"Jeffrey Rosen, George Washington University Law School, Professor, on John Roberts' judicial philosophy": This segment (RealPlayer required) appeared on yesterday's broadcast of C-SPAN's "Washington Journal."
Posted at 10:40 AM by Howard Bashman



Today in The Wall Street Journal: The newspaper contains an article headlined "Speculation Turns To Second Vacancy On Supreme Court" (pass-through link).

And a front page article is headlined "Opinion Maker: A Young Lawyer Helps Chart Shift In Foreign Policy; Prof. Yoo Sees Broad Powers For Presidents at War; White House Backs Away; New Definition of Torture" (pass-through link).
Posted at 10:30 AM by Howard Bashman




Sixth Circuit decides appeal involving trademark dispute between two guitar manufacturing giants: To learn which will be playing a sad guitar, you can access today's ruling by clicking here.
Posted at 10:25 AM by Howard Bashman



"Breaking News: Clerkly Clues to the Justices' Plans!" This post appears today at the blog "Underneath Their Robes."
Posted at 10:20 AM by Howard Bashman



"The Chief Justice is Dead; Long Live the Chief Justice": That's the title of the newest installment of my monthly appellate column, published today in The Legal Intelligencer.
Posted at 10:10 AM by Howard Bashman



In today's edition of The Sacramento Bee: The newspaper contains articles headlined "Senators will share in Roberts' spotlight" and "Possible questions in Roberts confirmation hearings."

And in other news, an article is headlined "Purging racist property records; The bill would make it easier for homeowners to have the offensive language removed."
Posted at 09:54 AM by Howard Bashman




"The 'Young Radical' Who Grew Into a Leader: Hemmed in by liberal precedents and pressured by conservative colleagues, William Rehnquist found a common ground." Tony Mauro has this article online at law.com.

And today in The National Law Journal, Marcia Coyle has an article headlined "Stakes higher over Roberts; Hearing to determine next chief justice."
Posted at 09:48 AM by Howard Bashman




"Looking for a leader for the high court: As confirmation hearings start, senators hope John Roberts can bring consensus to an often ideologically splintered Supreme Court." Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 09:45 AM by Howard Bashman



Available online from The New Republic: In the September 19, 2005 issue of that magazine, Law Professor Jeffrey Rosen has an essay entitled "Stare Decisis: With his nomination of John Roberts as chief justice, President Bush is offering liberals a truce; They should take it." And Marisa Katz has an essay entitled "Power Tool: Why liberals should fight Roberts."

Finally, available as online-only content, Michael Crowley has an essay entitled "Close Calls: For some senators, the Roberts nomination has created a predicament; A TNR guide."

Where necessary, I have provided pass-through links.
Posted at 09:44 AM by Howard Bashman




The Associated Press is reporting: Jesse J. Holland reports that "Senate to Start Roberts' Hearings Today."

And in news from Arizona, "Sandra Day O'Connor Promoting Kids' Book."
Posted at 09:30 AM by Howard Bashman




"Blawg Review #23": You can access it here, at the blawg "Preaching to the Perverted."
Posted at 09:04 AM by Howard Bashman



"What Questions Will John Roberts Answer?" This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:00 AM by Howard Bashman



Available at National Review Online: U.S. Senator John Cornyn (R-TX) has an essay entitled "The Senate in Action: Three things to watch for during the Roberts hearing."

And Edward Whelan has an essay entitled "The Roberts Hearing: A preview of coming detractions."
Posted at 08:55 AM by Howard Bashman




"High court battle opens today; Bush, Dems both hope to gain from Roberts hearings": This article appears today in The San Francisco Chronicle.

The Boston Globe today contains articles headlined "Roberts has momentum as hearings begin; Conservative strategists say foes failed to set impression" and "Responsiveness may sway opinions."

The Baltimore Sun reports that "Roberts takes first steps toward confirmation; Hearing to open today for chief justice nominee; Questioning begins tomorrow; Specter says he won't ask directly about view on Roe."

In The Pittsburgh Post-Gazette, Michael McGough has articles headlined "Supreme Court nominee Roberts to face tough questions" and "Legal terms senators will ask Roberts about."

The Washington Times reports that "Roberts' opinions hit close to home for senators."

The St. Louis Post-Dispatch reports that "Congress' power is key issue in hearings."

The New York Sun reports that "Abortion Issue Looms Large For Roberts."

The Los Angeles Times reports that "New Criticisms Aimed at Roberts; Sen. Barack Obama, a black Democrat, worries that the nominee has not taken racial issues seriously in his judicial thinking."

The St. Petersburg Times reports that "Buildup over, the hearings begin; Little seems to stand in the way of John Roberts' joining the high court as its chief, but Senate scrutiny starts today."

The Chicago Tribune contains an article headlined "Across the aisle but still friends; Specter and Leahy strive for civility in Roberts hearings."

The Dallas Morning News reports that "Roberts hearings begin today; Approval seen as likely as Senate saves battle for next high court spot."

The Topeka Capital-Journal contains an article headlined "Calm before storm: Brownback predicts Roberts confirmation to sail smoothly."

The Harvard Crimson reports that "Senate to Commence Hearings on Roberts."

The Harrisburg Patriot-News reports that "As Roberts' day arrives, all eyes are on Specter."

The Cleveland Plain Dealer reports that "DeWine will offer praise of Roberts."

The Knoxville News Sentinel reports that "Tennesseans to testify at Roberts' hearing; 2 from state scheduled to speak at Roberts' nomination hearing."

The Gainesville Sun reports that "Area legal minds reflect on hearing for Roberts."

The Yale Daily News reports that "Court lacks Blue blood on bench."

And BBC News reports that "Supreme Court hearings to start; The US Senate is due to begin the process of confirming the appointment of a Supreme Court justice, for the first time in 11 years."

In commentary, Newsday contains an editorial entitled "How activist is Roberts? Congress should try to find out."

The Oregonian contains an editorial entitled "Pass the meat, Judge Roberts: President Bush's nominee doesn't have to dish on every issue, but he must be as candid and specific as possible."

The Palm Beach Post contains an editorial entitled "Find out Roberts' views on privacy, federalism." And columnist Tom Blackburn has an op-ed entitled "Proof that Catholics aren't robots."

The Salt Lake Tribune contains an editorial entitled "Roberts Hearings: Nominee could preside for decades."

The Boston Globe contains an editorial entitled "Reading Roberts's mind." And Law Professor Jed Shugerman has an op-ed entitled "Revisiting the Senate's 'nuclear' option."

The Fort Worth Star-Telegram contains an editorial entitled "Who are you?" And Ronald A. Cass has an op-ed entitled "Balance on the court is the wrong debate."

The Ledger of Lakeland, Florida contains an editorial entitled "Roberts Must Not Threaten Privacy."

In The Chicago Sun-Times, Robert Novak has an op-ed entitled "Replacing O'Connor could get ugly."

In The Los Angeles Times, Juliette Kayyem has an op-ed entitled "Appointments that disappoint." And Ronald Brownstein's "Washington Outlook" column is entitled "To Fill O'Connor's Shoes, Bush Might Want to Cross the Aisle."

In The Wall Street Journal, Theodore B. Olson has an op-ed entitled "John Roberts Deserves a Dignified Process; An unseemly spectacle demeans us all."

In The San Jose Mercury News, Patrick J. Buchanan has an op-ed entitled "High court needs bold stroke; Bush, on the ropes, is in danger of nominating centrist to appease enemies."

In The Detroit Free Press, Law Professor Robert A. Sedler has an op-ed entitled "Bush picks for high court don't threaten Roe v. Wade."

In The Daily Californian, columnist Darryl Stein has an op-ed entitled "Bush's Full-Court Press."

And FindLaw commentator Michael C. Dorf has an essay entitled "Does it Matter Whether John Roberts Becomes an Associate Justice, or the Chief? Why Both the President and Democratic Skeptics Are Wrong to Think it Does."
Posted at 06:45 AM by Howard Bashman




"In Hearings, Senate Will Seek a Sense of Roberts' Ideals": David G. Savage and Richard B. Schmitt have this article today in The Los Angeles Times.

Today in The Washington Post, Howard Kurtz's "Media Notes" column is entitled "Hearings Tempest Downgraded to Topical Storm."

And the op-ed page of The New York Times today includes "Twenty-Five Questions" for Chief Justice nominee John G. Roberts, Jr., five each from five contributors. Jean Edward Smith's questions are headlined "Chief Conciliators." Glenn Harlan Reynolds's questions are headlined "Judge Bork's Inkblot." Ron Klain's questions are headlined "Carols in the Court." Dick Thornburgh's questions are headlined "The Fantastic Five." And Kathleen Sullivan's questions are headlined "Defender of Justice."
Posted at 12:10 AM by Howard Bashman



Sunday, September 11, 2005


"Courting disaster: Legal scholar Cass Sunstein explains the dangers of 'fundamentalist' judges on the Supreme Court, why conservatives should fear right-wing radicals as much as liberals, and what went wrong with Roe v. Wade." This interview with Law Professor Cass R. Sunstein about his new book, "Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America," appears online at Salon.com.
Posted at 11:25 PM by Howard Bashman



"Roberts's Character Is Central At Hearing; Senators Will Weigh His Possible Influence": Monday's edition of The Washington Post will contain this front page article.

The New York Times on Monday will report that "Roberts Spotlight Falls on Senators, Too."

The Dallas Morning News on Monday will report that "Roberts hearings begin today; Approval seen as likely as Senate saves battle for next high court spot."

And The Minneapolis Star Tribune on Monday will contain an article headlined "Abortion: A question Roberts may not answer."

In commentary, USA Today on Monday will contain an editorial entitled "Roberts' past vs. U.S. future." And Law Professor Jonathan Turley will have an op-ed entitled "Role models for Roberts."

Monday's issue of Financial Times contains an editorial entitled "Court judgment."

CBS News legal analyst Andrew Cohen has an essay entitled "The Four Questions."

Finally for now, U.S. Senator (and Senate Judiciary Committee member) John Kyl (R-AZ) is allowing his diary of the confirmation hearing to be published online at The Arizona Republic. Monday's installment is headlined "Senators' words today will be clues to vote."
Posted at 10:00 PM by Howard Bashman




"Specter, Leahy avoid partisan fights in run-up to hearings": This article will appear Monday in The Chicago Tribune.
Posted at 09:12 PM by Howard Bashman



Who will ask Chief Justice nominee John G. Roberts, Jr. for his views on splitting the Ninth Circuit? Judge Roberts during his confirmation hearing this week certainly should be asked for his views concerning whether the Ninth Circuit ought to be split into two or more smaller circuits. And Judge Roberts should also be asked a related question: whether in his view it is possible for a U.S. Court of Appeals that now has twenty-eight authorized active judges, and may soon have thirty-five authorized active judges, along with nearly as many senior judges to function properly as a cohesive unit of the federal appellate system.

On a related point, it deserves to be noted that Judge Roberts, both before and after joining the D.C. Circuit, served (and still serves) as a member of the U.S. Courts' Advisory Committee on Appellate Rules. In that capacity, Judge Roberts has voted twice in favor of the adoption of proposed Federal Rule of Appellate Procedure 32.1, which would allow briefs on appeal to cite to non-precedential rulings in all federal appellate courts. The Ninth Circuit, perhaps due to its humongous size, is the epicenter of the most vociferous opposition to Rule 32.1. With Judge Roberts slated to become Chief Justice, he will be well-positioned to ensure that proposed Rule 32.1 becomes a part of the Federal Rules of Appellate Procedure at the earliest possible opportunity provided under the rulemaking process.
Posted at 09:05 PM by Howard Bashman




"On Judiciary Committee, the drama's guaranteed": This article will appear Monday in USA Today.

And you can access online at this link a transcript of today's broadcast of the NBC program "Meet the Press" on which Senate Judiciary Committee Chairman Arlen Specter (R-PA) appeared.
Posted at 08:40 PM by Howard Bashman




The wire services are reporting: Reuters provides reports headlined "Specter: too soon to put Gonzales on US high court" and "US Senate to open hearing on high-court nominee."

Jesse J. Holland of The Associated Press reports on "What to Expect in Roberts' Senate Hearings." The AP also reports that "Specter Won't Quiz Roberts on Abortion." But don't despair or celebrate too soon, because other members of the Senate Judiciary Committee surely will take up the issue with the nominee in exhaustive detail.

Bloomberg News reports that "Specter Urges Bush Against Gonzales for Supreme Court."

And Voice of America News reports that "Roberts Confirmation Hearings Begin Monday."
Posted at 07:45 PM by Howard Bashman




Michael Chertoff left a life-tenured judgeship on the U.S. Court of Appeals for the Third Circuit for this? The cover story of the September 19, 2005 issue of Time magazine is headlined "System Failure: 4 Places Where the System Broke Down." Clocking in at fourth place is "The Secretary: Does Michael Chertoff at Homeland Security understand the job?"

In other recent coverage, The Forward on Friday contained an article headlined "Chertoff Takes Heat for Slow Response." The Baltimore Sun reported recently that "Chertoff may get bulk of blame for faulty response; Homeland security chief has responsibility over much-maligned FEMA." And Robert Novak recently had an essay entitled "Lawyers vs. Katrina."
Posted at 07:30 PM by Howard Bashman




In Monday's issue of Financial Times: Patti Waldmeir will have an article headlined "Senate committee begins hearings on Judge Roberts."

And in other news, "Louisiana set for an epic legal fight."
Posted at 07:18 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Behind the Legal Community's Exclusive Societies" and "A Life of Justice: 'Hugo Black of Alabama'" (RealPlayer required).
Posted at 06:20 PM by Howard Bashman



"The challenge facing Roberts; Senate hearings can make or break Supreme Court nominees": This article will appear Monday in The Christian Science Monitor. The newspaper also offers "A guide to the Roberts hearings."
Posted at 06:15 PM by Howard Bashman



Philadelphia Phillies 11; Florida Marlins 1: Today was the final game of the Sunday season ticket package that my son and I had this year, and it ended on a very high note. Wraps and the box score are here. Thanks to today's loss by the Houston Astros, the Phillies remain in contention for the National League Wild Card spot. And if the Phillies do make the playoffs, we'll have tickets to two games for each series.
Posted at 06:07 PM by Howard Bashman



"Roberts--And Then the Real Battle": This Periscope item will appear in the September 19, 2005 issue of Newsweek.
Posted at 08:30 AM by Howard Bashman



It goes without saying: The comprehensive coverage that "How Appealing" has provided of the first U.S. Supreme Court vacancy in eleven years will continue tomorrow as the confirmation hearing for John G. Roberts, Jr. to be Chief Justice of the United States begins in the Senate Judiciary Committee.
Posted at 08:25 AM by Howard Bashman



"Senator Will Not Ask Roberts to Take a Stand on Abortion": The New York Times today contains an article that begins, "With confirmation hearings for Judge John G. Roberts Jr. set to convene on Monday, the chairman of the Senate Judiciary Committee says in his written opening statement that he does not intend to ask the nominee if he would overturn Roe v. Wade, the Supreme Court decision legalizing abortion."

The Los Angeles Times reports today that "Specter Won't Limit Roberts Queries."

The San Jose Mercury News reports that "Feinstein to press Roberts on abortion," and the newspaper contains an op-ed by U.S. Senator Dianne Feinstein (D-CA) entitled "Roberts needs to answer questions about the nation's critical concerns."

The Houston Chronicle reports that "Politics colors confirmation; Nominee gets ready for intense grilling by Dems starting Monday."

The Sacramento Bee contains a front page article headlined "Getting to the heart of Roberts: Senators, finally, can directly probe court nominee's views."

The Baltimore Sun reports that "Bush gets chance to put mark on court; As hearings for the chief justice nominee begin, speculation focuses on an open swing-vote seat."

The Washington Times reports that "Chief justice post carries clout."

In The Pittsburgh Post-Gazette, Michael McGough has an article headlined "How would a 'chief' Roberts run the nation's highest court?"

The Boston Globe reports that "Rehnquist court left much unsettled; Narrow decisions keep issues in play."

The Minneapolis Star Tribune contains an article headlined "Putting Roberts' opinions to work."

Newsday contains an article headlined "Tilting the balance of power; Depending on Roberts' ideological views, his confirmation as chief justice could alter court's makeup."

The Indianapolis Star reports that "Lugar will tout Roberts' values; Nominee's Hoosier roots will be a theme of introductory remarks at Monday's hearing."

In The Philadelphia Inquirer, political analyst Dick Polman reports that "For Bush, court fight is safe harbor."

And The Casper Star-Tribune contains an article headlined "Casper lawyer: Roberts will get Supreme Court job."

In commentary, The Dallas Morning News contains an editorial entitled "Judge Roberts' Hearing: Keep the questions direct, the answers honest."

The St. Petersburg Times contains an editorial entitled "Ask Roberts about Bill of Rights."

The Arizona Republic contains an editorial entitled "Voice of moderation: A second high court nominee should reflect the nation's diversity."

The Toledo Blade contains an editorial entitled "Hasty court maneuvers."

The Saginaw News contains an editorial entitled "This nominee -- and the next."

The Grand Rapids Press contains an editorial entitled "Two for the court."

In Newsday, Kim Eisler has an op-ed entitled "Roberts, enmeshed: The chief justice nominee begins hearings in a town where he is deeply connected to the senators who will question him and the press will cover him."

In The Washington Post, Law Professor Peter M. Shane and Reed Hundt have an op-ed entitled "Protective Of the Presidency."

In The Boston Globe, Drake Bennett has an essay entitled "Robo-justice: Do we have the technology to build a better legal system?"

In The Indianapolis Star, columnist Dan Carpenter has an op-ed entitled "Riding the bench for the team."

In The Washington Times, Paul Rosenzweig has an op-ed entitled "Redundant ritual."

And The Naples Daily News contains an op-ed by Robert A. Levy entitled "Pro-choice, anti-Roe v. Wade is a sound legal position."
Posted at 07:50 AM by Howard Bashman



Saturday, September 10, 2005


"One View of Chief Justice Nominee Roberts": This segment (RealPlayer required) featuring Law Professor Cass R. Sunstein appeared on today's broadcast of NPR's "Weekend Edition - Saturday."
Posted at 11:15 PM by Howard Bashman



Available online from The Economist: The magazine has posted online articles headlined "The battle begins: John Roberts's nomination as chief justice makes the coming Senate hearings all the more momentous" and "William Rehnquist, America's chief justice, died on September 3rd, aged 80."
Posted at 10:55 PM by Howard Bashman



"Schedule for Roberts Confirmation Hearings": Via The Associated Press, you can access it here.
Posted at 10:44 PM by Howard Bashman



"The Memo That Rehnquist Wrote and Had to Disown": In Sunday's issue of The New York Times, Adam Liptak will have this article in the Week in Review section. The newspaper will also contain an article headlined "Constitutional Lessons, Old and New, on Display."

And Sunday's edition of Newsday will contain an article headlined "Tilting the balance of power."
Posted at 10:30 PM by Howard Bashman




"Roberts Cultivated An Audience With Justices for Years": This front page article will appear Sunday in The Washington Post.

Sunday in The Philadelphia Inquirer, political analyst Dick Polman will have an article headlined "Roberts confirmation hearings may give Bush a brief reprieve" that begins, "Who could have ever imagined that President Bush's safest port in the storm would be a Supreme Court confirmation fight?"

And Gina Holland of The Associated Press reports that "Roberts May Be Sidelined in Some Cases."
Posted at 09:00 PM by Howard Bashman




"Judicial Entrepreneurs on the U.S. Courts of Appeals: A Citation Analysis of Judicial Influence." Jeffrey A. Berger and Law Professor Tracey E. George have this essay online at SSRN (via "Appellate Law & Practice").
Posted at 08:54 PM by Howard Bashman



"Pa. trial program: Jurors take notes in criminal cases; Before the two-year test began, the state was one of a handful prohibiting the practice; The notepads will be confidential." This article appears today in The Philadelphia Inquirer.
Posted at 08:38 PM by Howard Bashman



"Judge Loosens Library Gag; FBI Can't Curb Speech, She Says": Lynne Tuohy has this article today in The Hartford Courant.

And The New York Times reports today that "Plaintiffs Win Round in Lawsuit on Patriot Act."

You can access yesterday's ruling of the U.S. District Court for the District of Connecticut at this link.
Posted at 08:33 PM by Howard Bashman




"Elite colleges' welcome brings unexpected boon": The Boston Globe today contains an article that begins, "When Marc Mandel applied to law schools three years ago, he didn't consider Harvard. The Pittsfield native figured it was beyond his reach. But with the upheaval of Hurricane Katrina, his thinking changed: The Tulane University School of Law student, in a striking academic trade-up, has gained admittance to Harvard Law School this semester as part of the school's relief efforts."
Posted at 08:30 PM by Howard Bashman



"Pivotal Politics, Appointments Gridlock, and the Nuclear Option": Professors David S. Law and Lawrence B. Solum have this essay online at SSRN.
Posted at 03:44 PM by Howard Bashman



"Pitfalls of Senate hearings are well known to Roberts": This article appeared yesterday in The Sacramento Bee.
Posted at 02:40 PM by Howard Bashman



"Judge Roberts, the Committee Is Interested in Your View on..." Linda Greenhouse will have this article Sunday in The New York Times.
Posted at 12:50 PM by Howard Bashman



"Judge supports CNN request to cover Katrina's toll": CNN.com provides this report. My earlier coverage is here.
Posted at 10:44 AM by Howard Bashman



"U.S. Wins Court Ruling in 'Dirty Bomb' Case; An appellate panel says Jose Padilla can be detained indefinitely without trial or charge": This article appears today in The Los Angeles Times.

In The Boston Globe, Charlie Savage reports that "Court backs Bush on detainee; Says citizen can be held without trial."

The Washington Times reports that "Court upholds Padilla detention."

In The San Francisco Chronicle, Bob Egelko reports that "Court rules against terror suspect; U.S. can continue to detain citizen without charging him with a crime."

The Richmond Times-Dispatch reports that "Court rules U.S. can detain suspect; President has power to hold citizen seen as 'enemy combatant.'"

And in commentary, The Washington Post contains an editorial entitled "Indict Jose Padilla."
Posted at 08:45 AM by Howard Bashman




"Justice touts importance of top court": The Gainesville Sun today contains an article that begins, "Sandra Day O'Connor, who broke ground as the first female justice on the U.S. Supreme Court, spoke Friday at the dedication of the $25 million expansion and renovation of the academic facilities at the University of Florida's Levin College of Law."

And the newspaper also contains an article headlined "Humble start didn't stop Sandra Day O'Connor."
Posted at 08:20 AM by Howard Bashman




"Gonzales Is Defended As Suitable for Court; Allies Call Attorney General a True Conservative": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Much at Stake for Democrats in Confirmation Hearings; The party might use the spotlight to try to broaden its electoral appeal; The tactic of showcasing values carries some risk."

In news from Maine, The Portland Press Herald reports that "Collins finds Roberts to be 'very forthright,'" while The Bangor Daily News reports that "Pro-life group's ads blast senators; Collins lauds justice nominee."

The Rocky Mountain News reports that "Salazar, chief justice nominee discuss issues; Senator says he still has questions he'd like answered."

The Denver Post reports that "Salazar sees a leader in Roberts."

And from Alabama, The Associated Press reports that "Coach speaks against Supreme Court nominee."

In commentary, The St. Petersburg Times contains an editorial entitled "A model of judicial restraint."

The Pantagraph of Bloomington, Illinois contains an editorial entitled "No need to intensify scrutiny of Roberts."

In The San Antonio Express-News, columnist Gary Martin has an op-ed entitled "Minorities, women land in Bush's Supreme spotlight."

And in The Naples Daily News, Amie Parnes has an essay entitled "Nominee wins over Martinez in meeting."
Posted at 08:15 AM by Howard Bashman



Friday, September 09, 2005


"Going Courting: How same-sex marriage opponents came to love the courts." Law Professor Robert Justin Lipkin has this jurisprudence essay online at Slate.
Posted at 11:04 PM by Howard Bashman



"Laura Bush says hopes for woman as next court pick": Reuters provides this report.

The Rocky Mountain News provides a news update headlined "Salazar still troubled by Roberts."

Online at Slate, Jack Shafer has a press box essay entitled "Chief Justice Rehnquist's Drug Habit: The man in full."

And online at The Village Voice, Nat Hentoff has an essay entitled "John Roberts v. One French Fry: Beneath his black robes, what does Roberts reveal of his values as a human being?"
Posted at 10:54 PM by Howard Bashman




"US can detain 'enemy combatant' indefinitely": Financial Times provides this report.
Posted at 10:50 PM by Howard Bashman



"Experts ponder Roberts' potential influence on top court": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 10:44 PM by Howard Bashman



"Reviewing Bush and Roberts, After Katrina": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:40 PM by Howard Bashman



Available online from law.com: Tony Mauro has a very interesting Courtside column headlined "Roberts as Chief Justice: Not Just One Vote out of Nine."

And in somewhat related news, "Speculators Eye Pepsi's GC -- Again -- for High Court Opening; Experts say president's tough times help Thompson's chances."
Posted at 10:35 PM by Howard Bashman




"CNN gets restraining order to allow coverage of Katrina body recovery": CNN via second-hand email reports:
CNN has obtained a restraining order to prevent emergency officials in the Hurricane Katrina disaster zone from preventing the media from covering the recovery of bodies.

CNN filed suit in U.S. District Court in Houston Friday, arguing that an announcement by the Federal Emergency Management Agency and a New Orleans city official that reporters would be barred from covering the body recovery effort was an unconstitutional prior restraint in violation of the First Amendment.

U.S District Judge Keith Ellison granted a temporary restraining order Friday evening. A hearing has been scheduled Saturday morning to determine if the order should be made permanent.

FindLaw has posted at this link CNN's complaint initiating suit.
Posted at 10:28 PM by Howard Bashman



Guilty of giving chili the finger: The San Francisco Chronicle provides a news update headlined "Couple plead guilty in chili finger case."

The San Jose Mercury News provides a news update headlined "Guilty pleas in Wendy's chili finger case; DA will likely seek the maximum sentences."

And The Los Angeles Times provides a news update headlined "Plotters Behind Fingertip in Chili Plead Guilty."
Posted at 10:14 PM by Howard Bashman




"Roberts Meets Three Senators and Gets a Nod From One": The New York Times on Saturday will contain this article.
Posted at 10:10 PM by Howard Bashman



"U.S. Can Confine Citizens Without Charges, Court Rules": This front page article will appear Saturday in The Washington Post.

And in Saturday's edition of The New York Times, Neil A. Lewis will report that "Court Gives Bush Right to Detain U.S. Combatant."
Posted at 10:04 PM by Howard Bashman




"Federal Courts in Louisiana Get Emergency Help from Congress": The Administrative Office of the U.S. Courts issued this news release today. The text of the legislation, which President Bush signed into law today, can be accessed here.

In news coverage, CNN.com reports that "Courts face unique challenges; Law permits federal courts affected by hurricane to move."
Posted at 09:10 PM by Howard Bashman




"Judge Rules Vs. U.S. in Patriot Act Case": The AP provides a report that begins, "A federal judge lifted a gag order Friday that shielded the identity of librarians who received an FBI demand for records about library patrons under the Patriot Act." You can access today's ruling of the U.S. District Court for the District of Connecticut at this link.
Posted at 09:05 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "O'Connor Mum on Rehnquist and Roberts" and "Gonzales Again Emerges As Court Contender."
Posted at 09:04 PM by Howard Bashman



I'm holding out for the Chief Justice John G. Roberts, Jr. rookie card: The Topps Chronicle trading card series has just issued a Chief Justice William H. Rehnquist trading card (sans gold stripes). You can see the reverse side of the card here, and you can order one at this link.
Posted at 08:50 PM by Howard Bashman



"Indefinite 'Enemy Combatant' Detention Upheld": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." But is that how "Padilla" is pronounced? (Not on the Phillies, at least).

And this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Appeals Court: U.S. May Hold Combatants Indefinitely" (RealPlayer required).
Posted at 06:33 PM by Howard Bashman




"John Roberts: The Nominee." William L. Taylor will have this essay in the October 6, 2005 issue of The New York Review of Books.
Posted at 05:40 PM by Howard Bashman



Second Circuit rules on In re Holocaust Victim Assets Litigation appeals: The U.S. Court of Appeals for the Second Circuit today issue a total of four separate opinions in related appeals. The lead opinion is here, and other related decisions can be accessed here, here, and here.
Posted at 05:20 PM by Howard Bashman



"Detention of Enemy Combatant Upheld": The Los Angeles Times provides this news update.
Posted at 04:14 PM by Howard Bashman



The Goddess of Justice is blind (and the Spirit of Justice is half naked): Eugene Volokh asks here: "The goddess of Justice is depicted blindfolded and holding a scale. But if she's blindfolded, how does she know which pan of the scale is heavier than the other?" Legal Affairs in its July|August 2003 issue traced the history of "The Blindfold of Justice." The statue discussed in the article -- from the Warren B. Rudman U.S. Courthouse in Concord, New Hampshire -- can be viewed at this link (thirteenth item).
Posted at 03:30 PM by Howard Bashman



"A Look at State Secrets Privilege": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." NPR's more detailed description of the segment follows: "The Bush administration is increasingly using the state secrets privilege. It is a series of precedents that allow the government to dismiss court cases on the grounds that evidence introduced in the trial could jeopardize national security."
Posted at 03:11 PM by Howard Bashman



U.S. Bankruptcy Trustees originally appointed in 1995 and reappointed in 2000 cannot challenge, before the Merit Systems Protection Board, their dismissals on the basis of civil service due process requirements: The U.S. Court of Appeals for the Federal Circuit issued this ruling today.
Posted at 03:00 PM by Howard Bashman



"Is Anything Not Interstate Commerce? Will a Supreme Court led by John Roberts find limits to Congress' power?" Jacob Sullum has this essay online at Reason.

And online at The Weekly Standard, Scott Johnson has an essay entitled "A Question of Ethics: A silly charge against John Roberts is debunked."
Posted at 02:40 PM by Howard Bashman




"Chief justice nominee Roberts shaped limits on sovereignty": Indian Country Today offers this news analysis.
Posted at 02:38 PM by Howard Bashman



"Egg donor has rights to triplets in custody case": The Cleveland Plain Dealer yesterday published an article that begins, "A Texas college student sold her eggs so they could be fertilized and implanted in a surrogate. That's enough involvement to let her claim parental rights for the resulting triplets, according to a court ruling issued Wednesday."

You can access Wednesday's ruling of Ohio's Ninth District Court of Appeals at this link.
Posted at 02:20 PM by Howard Bashman




Rabbits that live on this golf course are pubic hares: The U.S. Court of Appeals for the Second Circuit today issued an opinion the first sentence of which reads: "Plaintiff-appellant John L. Karedes was the manager of a pubic golf course undergoing renovations in the Village of Endicott, New York."
Posted at 02:10 PM by Howard Bashman



Divided three-judge Ninth Circuit panel holds that probable cause is required for the warrantless search of the person or home of a pretrial releasee: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The majority opinion, written by Circuit Judge Alex Kozinski and joined in by Circuit Judge William A. Fletcher, begins:

We consider whether police may conduct a search based on less than probable cause of an individual released while awaiting trial. This issue is one of first impression in our circuit. Somewhat surprisingly, it is an issue of first impression in any federal circuit and the vast majority of state courts. A lack of binding precedent does not, of course, excuse us from deciding a difficult issue when, as here, it is squarely presented.
Circuit Judge Jay S. Bybee has written a lengthy dissent, concluding that "cases involving pretrial releasees [should be] subject to a balancing test that weighs the legitimate interests of the state against the individual privacy interests at stake in light of the unique circumstances and facts alleged."
Posted at 01:02 PM by Howard Bashman



"State Loses Round In Air Base Fight": Lynne Tuohy of The Hartford Courant provides this news update.
Posted at 12:34 PM by Howard Bashman



"Padilla's detention upheld": Lyle Denniston provides this report online at "SCOTUSblog."
Posted at 12:12 PM by Howard Bashman



"US court upholds enemy combatant's detention": Reuters provides this report. And The Associated Press provides a report headlined "Court: 'Dirty Bomb' Suspect Can Be Held." My coverage is here.
Posted at 10:35 AM by Howard Bashman



"Queen of Sky" attempts to become "Queen of Wrongful Termination Litigation": The Atlanta Journal-Constitution reported yesterday that "Ex-flight attendant sues Delta over blog."
Posted at 10:15 AM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: Does a habeas corpus petitioner's claim of actual innocence impliedly waive the attorney-client privilege between the petitioner and his counsel in the trial at which the petitioner was convicted? Today a divided three-judge panel answers "no" on mandamus review, reversing a trial court's ruling to the contrary. You can access the ruling at this link.

And in a separate ruling, the Sixth Circuit today ruled that a county court in Tennessee could, without violating the U.S. Constitution, dismiss a female employee because she was openly and "deeply involved in a romantic relationship" with a man who was still married to another woman employed in another county court located just down the hall.
Posted at 10:12 AM by Howard Bashman




A toenail with class: The Seattle Times today contains an article headlined "Suit over toenail bill from clinic can be class action" that begins, "It began last year with Lori Mill's toenail -- or rather, with Mill's $1,133 medical bill from Virginia Mason Medical Center for a 30-second office procedure on her toenail."
Posted at 10:00 AM by Howard Bashman



BREAKING NEWS -- Federal government wins on appeal to U.S. Court of Appeals for the Fourth Circuit in alleged dirty-bomber Jose Padilla's habeas corpus case: You can access today's ruling at this link.

The opinion, written by Circuit Judge J. Michael Luttig on behalf of a unanimous three-judge panel, concludes:

The Congress of the United States, in the Authorization for Use of Military Force Joint Resolution, provided the President all powers necessary and appropriate to protect American citizens from terrorist acts by those who attacked the United States on September 11, 2001. As would be expected, and as the Supreme Court has held, those powers include the power to detain identified and committed enemies such as Padilla, who associated with al Qaeda and the Taliban regime, who took up arms against this Nation in its war against these enemies, and who entered the United States for the avowed purpose of further prosecuting that war by attacking American citizens and targets on our own soil -– a power without which, Congress understood, the President could well be unable to protect American citizens from the very kind of savage attack that occurred four years ago almost to the day.

The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is hereby reversed.

My coverage of the South Carolina federal district court's ruling in Padilla's favor, which today's decision reverses, can be accessed here.

And in related coverage, on August 28, 2005 The San Francisco Chronicle published an article headlined "Lawyer defends 'dirty bomber' in name of everyone's legal rights."
Posted at 09:21 AM by Howard Bashman




"Minors must get parental consent for abortions; U.S. judge allows Ohio law to take effect": The Cincinnati Enquirer contains this article today.

The Cleveland Plain Dealer reports today that "Ohio abortion law upheld; Judge says restrictions begin immediately."

And The Dayton Daily News reports that "Court upholds consent for minors seeking abortions."
Posted at 08:10 AM by Howard Bashman




"Senate Democrats Are Shifting Focus From Roberts to Other Seat": This article appears today in The New York Times.

USA Today reports today that "MoveOn.org says it won't use evacuee images in Roberts ad" and "Title IX questions expected."

The New York Sun reports that "Ahead of Roberts Hearing, Republicans Strategize."

The Rocky Mountain News reports that "Allard seeks meeting with Roberts."

And The Tennessean reports that "VU professor to testify at Supreme Court hearing; Christopher Yoo worked with chief justice nominee John Roberts for 2 years."

In commentary, The Palm Beach Post contains an editorial entitled "A Supreme compromise."

The Miami Herald contains an editorial entitled "Chief Justice Rehnquist: He asserted the power and independence of the Court."

The Allentown Morning Call contains an editorial entitled "President's strategy: Extend the legacy."

The South Florida Sun-Sentinel contains an editorial entitled "The president seeks to fill two vacancies on the U.S. Supreme Court."

BusinessWeek online offers essays entitled "Bush's Supremely Risky Opportunity: The Religious Right will breathe fire if his two High Court picks aren't hard-line anti-abortionists; But if they are, he'll galvanize Dems" and "Why Not Scalia: The pugnacious darling of the Right was sidelined by the political calculus."

Today in The Hartford Courant, Lincoln Caplan has an op-ed entitled "Roberts' Memos Belong To History - Not White House."

In The Naples Daily News, Dan K. Thomasson has an op-ed entitled "Bush's prerogatives on the court."

In USA Today, Raul Reyes has an essay entitled "What a Hispanic justice would mean."

In The Washington Times, Terence P. Jeffrey has an op-ed entitled "Unfinished counterrevolution."

And in The Kennebec Journal, John N. Frary has an op-ed entitled "Here comes the judge: Confirmation hearings more about power than law."
Posted at 06:40 AM by Howard Bashman



Thursday, September 08, 2005


In Friday's edition of The Washington Post: The newspaper will contain articles headlined "Hill Veterans Light the Way for Nominee; 'Sherpas' Akin to Personal Coaches" and "Judges Question Lack of Prisoner Rights; Detainees in Cuba Want Ability to Fight 'Enemy Combatant' Claims in Court."
Posted at 11:04 PM by Howard Bashman



"Storm Leaves Legal System a Shambles": This article will appear Friday in The New York Times.
Posted at 11:00 PM by Howard Bashman



"Kan. Prosecutor Goes After Abortion Records": The AP provides this report.
Posted at 10:58 PM by Howard Bashman



The perils of relying on tax advice from comedian Steve Martin: The Associated Press reports that "'Survivor' Winner Indicted on Tax Charges."
Posted at 10:55 PM by Howard Bashman



"Will the Supreme Court Unleash Civil RICO? Circuits have curtailed use of statute, which offers plaintiffs treble damages, longer statute of limitations and discovery." law.com provides this report.
Posted at 10:52 PM by Howard Bashman



News from Holland: Jesse J. Holland of The Associated Press reports that "Dems Want Input on O'Connor Replacement."

And The AP's Gina Holland reports that "White House Loses Appeal on Base Closing."
Posted at 09:10 PM by Howard Bashman




"This case involves one of the more contentious land use issues in the West: the legal status of claims by local governments to rights of way for the construction of highways across federal lands managed by the Bureau of Land Management." So begins a 112-page opinion that Circuit Judge Michael W. McConnell issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 08:30 PM by Howard Bashman



"Diversity Jurisdiction: Do we really need a woman or minority to fill O'Connor's shoes?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman



"Guantanamo Bay prisoners seek US court hearings": James Vicini of Reuters provides this report.
Posted at 05:25 PM by Howard Bashman



"Lawyers Appeal Decision in Ovitz Case": The Associated Press provides this report from Delaware.
Posted at 05:22 PM by Howard Bashman



"Strip Search: There are many who want to destroy the courts; John Roberts should make it clear he's not one of them." Bert Brandenburg has this essay today online at The American Prospect.
Posted at 05:04 PM by Howard Bashman



"Hail to the Chief": Law Professor David Stras has this op-ed today in The St. Paul Pioneer Press.
Posted at 05:00 PM by Howard Bashman



"Court Questions Guantanamo Detainee Issues": The Associated Press provides a report that begins, "A federal appeals court Thursday questioned the Bush administration's handling of detainees at Guantanamo Bay, suggesting the judiciary might have authority to delve into the conduct of military tribunals which have categorized almost all of the inmates as enemy combatants."
Posted at 04:10 PM by Howard Bashman



"John Roberts and the SG's Refusal to Defend Federal Statutes in Metro Broadcasting v. FCC": Marty Lederman has this post online at "Balkinization."
Posted at 02:45 PM by Howard Bashman



"Truth-in-campaign law struck down": The Seattle Times today contains an article that begins, "A state law prohibiting political candidates from lying about their opponents is an unconstitutional violation of free speech and chills political discourse, a state appeals court ruled yesterday."

And The Olympian reports today that "Court tosses PDC fine; Appeals court rules state campaign law unconstitutional."

You can access yesterday's ruling of the Washington State Court of Appeals Division II at this link. Thanks to "Election Law" for the pointer, and congrats to Venkat of "Begging to Differ" on the victory.
Posted at 02:24 PM by Howard Bashman




U.S. Court of Appeals for the Federal Circuit affirms rejection of patent infringement claim filed against Microsoft's Windows Media Player: You can access today's ruling at this link.
Posted at 02:04 PM by Howard Bashman



"Republicans Face a Fork in the Road: To Remain Credible, the Party Must Be Consistent on the Crucial Issues of Federalism, Gay Marriage, and Roe v. Wade." FindLaw commentator Marci Hamilton has this essay today.
Posted at 11:54 AM by Howard Bashman



"White House Defends Course on Detainees": The Associated Press provides this report.

You can access at this link the brief in opposition to certiorari that Solicitor General Paul D. Clement filed with the U.S. Supreme Court yesterday.

Interestingly, amicus briefs have been filed in support of the cert. petition by a group of retired Generals and Admirals (here) and by the National Institute of Military Justice (here). [Update: In addition, an amicus brief submitted by 304 members of the U.K. and E.U. Parliaments, including the leaders of all major political parties and (just in time for lunch!) even the Earl of Sandwich, can be accessed here.]
Posted at 10:54 AM by Howard Bashman




No long hair in prison: Not even for a native American of Cherokee ancestry, practicing a native religion that prohibits him from cutting his hair, who sued under the Religious Land Use and Institutionalized Persons Act of 2000, the U.S. Court of Appeals for the Sixth Circuit ruled today in an opinion you can access here.
Posted at 10:45 AM by Howard Bashman



Available online from C-SPAN: Using RealPlayer, you can access online, on-demand the following video: "Chief Justice William H. Rehnquist Funeral Procession"; "Pres. Bush Pays Respects to Chief Justice William H. Rehnquist"; "Judge Robert Bork at National Press Club"; "Pres. Bush Remarks on Hurricane Relief & Supreme Court Nominations"; "Sen. Arlen Specter (R-PA) on Judge Roberts Nomination Hearings"; "Lying in Repose of Chief Justice William Rehnquist"; and "Stuart Taylor, Senior Columnist for the National Journal, discusses the John Roberts Supreme Court confirmation hearings."
Posted at 09:54 AM by Howard Bashman



"Navy can resume landing field work; Appeals court finds site study lacking": This article appears today in The News & Observer of Raleigh, North Carolina.

The Daily News of Jacksonville, North Carolina reports today that "Appeals court eases injunction on Navy OLF."

And The Washington (N.C.) Daily News reports that "4th Circuit upholds Boyle ruling."

My earlier coverage is here.
Posted at 09:33 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Family, Peers Pay Respects to Rehnquist" (featuring Nina Totenberg) and "Kennedy Considers Roberts Nomination." RealPlayer is required to launch these audio segments.
Posted at 09:30 AM by Howard Bashman



Bob Egelko is reporting: Today in the San Francisco Chronicle, he has articles headlined "Governor's hands were tied in gay marriage veto; Opponents of bill say it contradicts ballot measure passed in 2000" and "Strong majority approves of state's courts, poll finds; Rating shows big improvement over status 13 years ago."
Posted at 08:18 AM by Howard Bashman



"Eulogies for Rehnquist Recall a Man of Many Interests": This article appears today in The New York Times.

In The Washington Post, Charles Lane reports that "Rehnquist Eulogies Look Beyond Bench; Chief Was a Family Man and a Tennis Fanatic."

In The Los Angeles Times, David G. Savage has an article headlined "A 'Life Well-Lived' Is Remembered; Chief Justice Rehnquist's leadership -- and love of wagers -- are recalled by family members and colleagues at his funeral." An article reports that "Democrats Again Request Roberts Papers; Senators say the files are more crucial now that he's been nominated to lead the high court; The White House maintains they are off-limits." And a news analysis is headlined "Next Nominee for High Court Could Be Tough Test for Bush."

In The Chicago Tribune, Jan Crawford Greenburg reports that "'Chief' is laid to rest; William Rehnquist is fondly remembered for optimism and humor that crowned his powerful intellect."

In The Boston Globe, Charlie Savage reports that "Rehnquist recalled as legal light with humor; Justices, Bush gather to mark jurist's legacy."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Rehnquist's humor, sense of duty hailed."

In USA Today, Joan Biskupic reports that "Family, justices remember Rehnquist; He urged many to 'stop and smell the roses,' son says." And in related coverage, "Group's TV ad uses storm's aftermath to target Roberts."

The Washington Times reports that "Rehnquist remembered for his humor, humility."

The Milwaukee Journal Sentinel reports that "Off the bench, too, Rehnquist was one to remember; At chief justice's rites, mourners praise his personal side, family ties, sense of humor."

The Hartford Courant reports that "Senators Ready For Roberts."

The Palm Beach Post reports that "Martinez hopes Bush chooses Hispanic for high court."

The San Jose Mercury News contains an article headlined "Double loss for Atherton man; Former Rehnquist clerk comes from New Orleans."

The Deseret Morning News reports that "2 Utahns who clerked for Rehnquist mourn him."

The Hill contains articles headlined "1924-2005 Rehnquist laid to rest" and "Business frugal in Roberts support."

Bloomberg News reports that "Democrats Face Dilemma as Bush Weighs Second High Court Choice."

And The Forward reports that "Groups Hail Rehnquist But Dershowitz Offers Dissent."

In commentary, The Philadelphia Inquirer today contains an op-ed entitled "The Roberts Memos: Secrecy at a dead end."

The Intelligencer of Wheeling, West Virginia contains an editorial entitled "Confirm Roberts As Chief Justice."

The Rochester Democrat and Chronicle contains an editorial entitled "Following Rehnquist: White House needs to provide more vital John Roberts documents."

The Amarillo Globe-News contains an editorial entitled "Rehnquist left path to follow; Chief justice valued independent judiciary."

In The Washington Post, columnist David S. Broder has an op-ed entitled "A Bigger Test Than Roberts." Columnist George F. Will has an op-ed entitled "Some Questions For the Nominee." And columnist Richard Cohen has an op-ed entitled "Too Perfect to Know the People?"

In The Houston Chronicle, Law Professors James E. Coleman, Jr. and Erwin Chemerinsky have an op-ed entitled "Before voting on Roberts, insist on second nominee; A to-do list for Democrats regarding the Supreme Court."

And online at The Weekly Standard, John Hinderaker has an essay entitled "Preparing for World War III: Replacing Rehnquist before O'Connor makes matters tougher on the Bush administration and guarantees a showdown with liberal interest groups."
Posted at 06:40 AM by Howard Bashman



Wednesday, September 07, 2005


"Work on Rights Might Illuminate Roberts's Views; Democrats Seek Papers, But Administration Balks": This front page article will appear Thursday in The Washington Post.

The New York Times on Thursday will report that "Senate Democrats Pushing for Roberts's Legal Memos."

And The Los Angeles Times provides a news update headlined "Democrats Again Request Roberts Papers; Senators say the files are more crucial now that he's been nominated to lead the high court; The White House maintains they are off-limits."
Posted at 11:55 PM by Howard Bashman




"Custody After Civil Union Pits States and Judges": Adam Liptak will have this article Thursday in The New York Times.
Posted at 11:54 PM by Howard Bashman



In commentary: The New York Times today contains an editorial entitled "A Defender of Independent Courts."

USA Today contains an editorial entitled "Rehnquist's legacy" and an op-ed by Tony Mauro entitled "Ironies abound as Rehnquist leaves us; Hurricane Katrina is feeding the discussion of government's role, state vs. federal; It's a debate that the chief justice knew quite well."

The Orlando Sentinel contains an editorial entitled "Avoid partisan warfare: There's no reason to stall confirmation hearings on John Roberts."

The Birmingham News contains an editorial entitled "Why not Roberts for chief justice?"

The Courier-Journal of Louisville contains an editorial entitled "Not so fast."

The Indianapolis Star contains an editorial entitled "Bush should aim right without regret."

Newsday contains an editorial entitled "Now it's chief justice; Naming Roberts saves Bush some grief."

The Hartford Courant contains an editorial entitled "The Next Chief Justice."

The Cincinnati Enquirer contains an editorial entitled "Washington focuses on chief justice."

The Patriot-News of Harrisburg contains an editorial entitled "Timely decision."

The Rocky Mountain News contains an editorial entitled "Roberts wise choice for chief justice."

The San Diego Union-Tribune contains an editorial entitled "Reshaping the court: Roberts choice sound, now for the next one." Columnist Ruben Navarrette Jr. has an op-ed entitled "A blemish on his record." And Law Professor David Steinberg has an op-ed entitled "The conservative revolution that never happened."

The Gainesville Times contains an editorial entitled "Bush should take his time with next justice nomination."

The Ventura County Star contains an editorial entitled "Shrewd move on nomination; President gains breathing room."

The Virginian-Pilot contains an editorial entitled "Judge Roberts right for the times."

The Journal News of Westchester, New York contains an editorial entitled "The rise of John Roberts."

The Kennebec Journal contains an editorial entitled "Judge Roberts should not squander precious opportunity."

Florida Today contains an editorial entitled "Need straight answers; Judge Roberts should get even more scrutiny, now that he's tabbed for chief justice."

In The Boston Globe, columnist Jeff Jacoby has an op-ed entitled "Supreme Court term limits."

Yesterday in The Wall Street Journal, Law Professor Randy E. Barnett had an op-ed entitled "William Rehnquist."

Today in The Philadelphia Daily News, Christine M. Flowers has an op-ed entitled "Judging William Rehnquist."

In The Washington Times, Cal Thomas has an op-ed entitled "Supreme opportunity."

In The Seattle Weekly, Geov Parrish has an essay entitled "Borking John Roberts."

Online at Slate, Cliff Sloan has an essay entitled "The Mourning After: John Roberts grieves for his mentor." Law Professors Risa Goluboff and Richard Schragger have an essay entitled "The Real World: Why judicial philosophies matter." And Bruce Reed's "The Has-Been" has a post titled "Real Men Don't Wear Robes: The unlikely story of how John Roberts chose his brilliant career."

From The Weekly Standard, William Kristol has an essay entitled "Snatching Defeat from the Jaws of Victory? Will Bush nominate a conservative for the O'Connor seat?" And Terry Eastland has an essay entitled "The Specter of Superprecedents: The Judiciary Committee chairman's super bad idea."

Online at The American Prospect, Michael Tomasky has an essay entitled "The Other Legacy: The unbearable whiteness of William Rehnquist." And Deborah Pearlstein has an essay entitled "A Branch More Dangerous: William Rehnquist's Supreme Court grew hungrier and more assertive."

The National Review has an editorial entitled "And Then There Were Two." And Clarke D. Forsythe has an essay entitled "Justice Restraint: Law and the rules of order."

Finally, online at The New Republic, Law Professor William J. Stuntz has an essay entitled "Hearing Loss: Senators have put off their questioning of John Roberts until Monday, but here's a better idea: They should cancel the event altogether; An argument against hearings for Supreme Court nominees." And David Kusnet has an essay entitled "Give and Take: What Roberts will likely say at his hearing, and how Democratic senators should respond."
Posted at 11:00 PM by Howard Bashman




"Court upholds Boyle decision on proposed airfield": The News & Observer of Raleigh, North Carolina provides this news update.
Posted at 10:54 PM by Howard Bashman



"'Conservative' v. 'Liberal' Courts - A reality check": This very interesting post appears online at "Have Opinion, Will Travel." I offered some similar thoughts in my monthly appellate column from December 2002 entitled "Activist U.S. Court of Appeals Judges: Myth or Reality?"
Posted at 10:00 PM by Howard Bashman



The Jaded JD emails: In response to my question about whether the U.S. Supreme Court was about to have a Chief Justice doorkeeper:
The Chief Justice can never be the most junior member of the Supreme Court. He is, by definition, the most senior member of the Court. Seniority is only in issue for Associate Justices. See 28 U.S.C. sec. 4 ("Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.")
And the email also cites this blog post from the email's author.
Posted at 09:50 PM by Howard Bashman



Available online from law.com: An article is headlined "The Judiciary Committee's Star Turn; With a nation watching, senators get the chance to vent, push favorite causes and do some campaigning."

In other news, "9th Circuit Slashes Damages for Abortion Foes From $109M to $5M."

And an article reports that "11th Circuit Judge Blasts Colleagues for Sentencing Stance."
Posted at 09:44 PM by Howard Bashman




This is not meant to suggest that I find specifically humorous anything about the "InstaPundit" post to which I'm about to link: Law Professor Glenn Harlan Reynolds has this humorous post noting a correction that Legal Times issued recently.
Posted at 09:28 PM by Howard Bashman



Reader email: A longtime reader emails, "Stripes aside, the more interesting question is: If the Chief Justice is also the junior member of the Supreme Court, does he still have to serve as the doorkeeper?" While it appears certain that John G. Roberts, Jr. would have been in charge of the door had he replaced Justice Sandra Day O'Connor, I don't know the answer to this question, although I would guess not. If anyone has a more authoritative answer, please feel free to send it in via email.
Posted at 09:24 PM by Howard Bashman



In news pertaining to the U.S. Court of Appeals for the Ninth Circuit: Today in The San Francisco Chronicle, Bob Egelko reports that "Award cut in abortion doctor case; 'Wanted' posters had names and addresses."

And The Sacramento Bee reports today that "Court blocks electricity refunds; State cannot recover from utilities owned by governments."
Posted at 09:10 PM by Howard Bashman




"Schwarzenegger Vows Gay Marriage Bill Veto": The Associated Press provides this report.
Posted at 09:02 PM by Howard Bashman



The stripes: The other day, a reader emailed to ask whether I expected Chief Justice John G. Roberts, Jr. to wear on his judicial robe the gold stripes that Chief Justice William H. Rehnquist wore. According to this explanation (sixth item) for the stripes that Justice Sandra Day O'Connor gave during today's funeral, I'd say Chief Justice Roberts would be unlikely to retain the stripes given their original intent.

As to whether Chief Justice Roberts will silence advocates mid-syllable when the red light switches on, only time will tell. Given Judge Roberts's junior status on the D.C. Circuit, it is doubtful that he has much (any?) experience enforcing the red light at oral argument.
Posted at 08:54 PM by Howard Bashman




"The Post-Rehnquist Supreme Court": This segment (RealPlayer required) featuring Warren Richey appeared on today's broadcast of the public radio program "Here and Now."
Posted at 08:48 PM by Howard Bashman



"Bush, O'Connor lead tributes to Rehnquist": Stephen Henderson and Ron Hutcheson of Knight Ridder Newspapers provide this report.
Posted at 08:44 PM by Howard Bashman



U.S. Court of Appeals for the Seventh Circuit rejects for lack of standing a challenge to Securities and Exchange Commission rules intended to avoid "market timing" in the purchase and sale of mutual fund shares: Today's ruling, by a unanimous three-judge panel, can be accessed here.
Posted at 08:40 PM by Howard Bashman



"Not the usual solemn proceeding": Online at "SCOTUSblog," Lyle Denniston provides this report concerning today's funeral service of Chief Justice William H. Rehnquist.
Posted at 08:20 PM by Howard Bashman



"President Honors Memory of Chief Justice William Rehnquist": A transcript of the remarks that President Bush delivered today at the funeral of Chief Justice William H. Rehnquist can be accessed here.
Posted at 08:11 PM by Howard Bashman



"White House Wants Gitmo Appeal Rejected": The Associated Press provides this report.
Posted at 08:08 PM by Howard Bashman



U.S. District Judge convinces Ninth Circuit of error in disposition of case remanded to him and is rewarded by having the case reassigned to another trial judge: The U.S. Court of Appeals for the Ninth Circuit issued this interesting order today, citing among other authorities to M. Margaret McKeown, Don't Shoot the Canons: Maintaining the Appearance of Propriety Standard, 7 J. App. Prac. & Process 45, 53-58 (2005), which appears in the same issue of that journal as my related article.
Posted at 08:00 PM by Howard Bashman



"Appeals Court Upholds Menendez Convictions": The Associated Press provides a report that begins, "A federal appeals court Wednesday upheld the convictions of Erik and Lyle Menendez, two brothers convicted of murdering their parents in their Beverly Hills mansion, a case that generated headlines across the globe." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:50 PM by Howard Bashman



"Mourners Gather for Rehnquist Funeral": Nina Totenberg had this report (RealPlayer required) on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:00 PM by Howard Bashman



"Funeral Service Honors 'Great Chief Justice'": law.com's Tony Mauro provides this news update.
Posted at 06:08 PM by Howard Bashman



"The Squeezing of Lawyer-Client Privilege": This article appears today in The New York Times.
Posted at 06:04 PM by Howard Bashman



Fourth Circuit decides case of Super Hornet vs. National Wildlife Refuge waterfowl: The U.S. Court of Appeals for the Fourth Circuit today issued its decision in National Audubon Society v. Department of the Navy, a case in which U.S. District Judge (and Fourth Circuit nominee) Terrence W. Boyle enjoined the Navy from constructing a landing field for this new type of aircraft near Pocosin Lakes National Wildlife Refuge, the winter home for nearly 100,000 waterfowl.
Posted at 06:02 PM by Howard Bashman



Where a criminal indictment for possession of cocaine with intent to distribute fails to specify the amount of cocaine involved, the defendant may not be sentenced to a term of imprisonment longer than the statutory maximum for a violation of that crime with an unspecified quantity of drugs: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled, in a decision you can access here, that the foregoing sentencing limitation applies even where the defendant, in his guilty plea allocution, admits to possessing a specific quantity of cocaine that would allow for an even longer sentence.
Posted at 05:50 PM by Howard Bashman



"Chief Justice Remembered as an Intellect and a Wagerer": The New York Times provides this news update.
Posted at 05:40 PM by Howard Bashman



"Court upholds ruling on license photo": The Daytona Beach News-Journal today contains an article that begins, "A local appeals court says the constitutional rights of a Muslim woman who wanted to wear a veil in her driver's license photo were not violated and she must follow the state law requiring full face photos." You can access last Friday's ruling of Florida's Fifth District Court of Appeal at this link.
Posted at 03:50 PM by Howard Bashman



"Rehnquist's Coffin Leaves the Court; Following Funeral Service at St. Matthew's Cathedral, Chief Justice to Be Buried in Arlington National Cemetery": The Washington Post provides this news update.

And The Associated Press reports that "Bush, O'Connor, Family Remember Rehnquist."
Posted at 03:45 PM by Howard Bashman




Circuit Justice reallocation: In advance of the rereallocation and rerereallocation that will occur as two new Justices join the U.S. Supreme Court, today's developments are here (helpfully analyzed by "SCOTUSblog" here).
Posted at 03:35 PM by Howard Bashman



The Library of Congress's Law Library of Congress offers online access to a wealth of U.S. Supreme Court confirmation-related resources: In particular, you can access online both the "John G. Roberts Nomination Collection" (featuring a link to "How Appealing" in the section devoted to "Web Resources Relating to Supreme Court Nominations") and "Supreme Court Nomination Documents" (featuring links to hearings and floor debates, statements, and votes for all nominees confirmed to the Court since 1971).
Posted at 10:05 AM by Howard Bashman



"Lawmakers Seek to Foil Property Seizures": The Associated Press provides this report.
Posted at 09:45 AM by Howard Bashman



"How John Roberts Might Change The Law": Stuart Taylor Jr. has this essay online at National Journal.
Posted at 09:40 AM by Howard Bashman



"Court cuts sum abortion protesters were to pay; The appeals court ruling is, in a way, symbolic because the defendants don't have the millions they owe": This article appears today in The Oregonian.

David Kravets of The Associated Press reports that "Calif. Court Cuts Abortion Doc Awards."

And Reuters reports that "U.S. court says $109 mln in abortion case excessive."

My earlier coverage is here.
Posted at 09:32 AM by Howard Bashman




"Senate Committee on the Judiciary: Supreme Court Nomination Hearings (1971 - forward)." The U.S. Government Printing Office provides this wonderful online resource affording access to transcripts of U.S. Supreme Court Justices' confirmation hearings from 1971 to the present. The site offers no transcript of Robert H. Bork's hearing, however, and there is an unexplained eleven-year gap from 1994 to the present.
Posted at 08:20 AM by Howard Bashman



Bashmans in the news: The Philadelphia Daily News reports today that "Contest winner has 'Fantastic' summer." My earlier mention of this appeared here.
Posted at 07:00 AM by Howard Bashman



"Bush Pledges Wide Search for Court Seat; Race, Sex and Hurricane Among Factors as President Seeks a Second Nominee": This article appears today in The Washington Post, along with articles headlined "Specter Asks; Roberts Answers, for the Most Part" and "For Chief Justice, A Final Session With His Court."

Today in The Los Angeles Times, David G. Savage reports that "Former Rehnquist Clerks Recall His Wit, Warmth; Don't let your career swallow your life, the late chief justice would advise law students; He was known for his way of putting people at ease." The newspaper also contains articles headlined "Bush Urges Senators to Focus on Roberts, Not Next Nominee; Hearings for chief justice are to begin Monday; Democrats hope to learn the president's second nominee soon, but Bush says he'll take his time" and "Clerks, Colleagues Mourn Rehnquist at Supreme Court; Chief justice nominee Roberts is among those who carried his coffin up the marble steps."

In USA Today, Joan Biskupic has articles headlined "Roberts, Rehnquist compel comparisons; Close relationship underscores transition" and "Chief justice's death hits O'Connor hard; Their close friendship bloomed in late '40s." And in related news, "Former aide Roberts helps bear Rehnquist's coffin; Court nominee, Sen. Specter discuss hearings."

In The Chicago Tribune, Jan Crawford Greenburg has an article headlined "A pine coffin and tearful last respects; Roberts helps carry Rehnquist to place of honor at court." A related article reports that "Funeral to be ecumenical."

The Boston Globe reports that "Democrats shift strategy on Roberts; Plan to use Katrina to highlight racial and economic divide."

The Hill reports that "The right wants a woman."

The Washington Times contains articles headlined "Bush hints at Gonzales for court opening"; "Rehnquist's 'strong legacy' hailed": and "Senate sets date for Roberts confirmation hearings."

The New York Sun reports that "Roberts To Face 'Piercing Questions.'"

The Houston Chronicle reports that "As Rehnquist is mourned, Senate focuses on Roberts; Confirmation hearings delayed, but GOP wants a full court soonest."

The Philadelphia Inquirer reports that "Specter praises Roberts for chief."

BusinessWeek contains a news analysis headlined "Roberts in the Eye of the Storm; Criticism of Bush's handling of Katrina may affect his next pick for the Supreme Court; But John Roberts will likely see a smooth confirmation."

Michael McGough of The Pittsburgh Post-Gazette reports that "Rehnquist lies in state; Funeral today in Washington cathedral."

The Green Bay Press-Gazette reports that "Nomination raises stakes on Roberts, Wisconsin senators say."

The Lawrence (Kan.) Journal-World reports that "Local court watchers mull future direction of bench."

And The Arizona Daily Star reports that "City lawyer to help bear coffin of chief justice."
Posted at 06:30 AM by Howard Bashman



Tuesday, September 06, 2005


Available online from law.com: Tony Mauro has an article headlined "Will Roberts Choose Candor or Silence Before Senate?"

And in other news, "Attorney-Client Privilege Doesn't Shield Company in Suit."
Posted at 10:58 PM by Howard Bashman




"Emotion Overcomes Sober Court; Justices and the Public Openly Mourn 'the Chief'": Charles Lane of The Washington Post has this news update.
Posted at 10:12 PM by Howard Bashman



In Wednesday's edition of The New York Times: An article will report that "Bush Mentions Gonzales in Comment on the Court."

And Linda Greenhouse will have an article headlined "President and Wife Join Tribute to Rehnquist at Court."
Posted at 10:10 PM by Howard Bashman




In commentary: The Washington Post today contains an editorial entitled "A Nominee for Chief." Columnist E.J. Dionne Jr. has an op-ed entitled "Higher Stakes for Roberts." And Law Professor Ronald D. Rotunda has an op-ed entitled "A Shaky Ethics Charge."

The Los Angeles Times today contains an editorial entitled "The next chief justice." And Edward Whelan has an op-ed entitled "A model of judicial restraint, not activism; Nominee Roberts' records show him to be a strong and principled legal conservative with views shared by most Americans."

USA Today contains an editorial entitled "How would Roberts, as chief justice, affect you?"

The Houston Chronicle contains an op-ed entitled "William H. Rehnquist: Long-serving chief justice likely to be replaced by his former law clerk and philosophical heir." And columnist Cragg Hines has an op-ed entitled "Is the selection of Roberts too easy an out for Bush?"

The St. Petersburg Times contains an op-ed entitled "After Rehnquist: For Democrats, the nomination of John Roberts for chief justice has raised the stakes in the confirmation battle; But the more important fight still lies ahead."

The San Francisco Chronicle contains an editorial entitled "Ten questions for John Roberts."

The Sacramento Bee contains an editorial entitled "Feinstein in the spotlight; She's set to be key to Roberts hearings."

The New York Sun contains an editorial entitled "Roberts and Rehnquist."

The Miami Herald contains an editorial entitled "Supreme Court prepares for a new chief justice; Revised nomination merits scrutiny."

The Palm Beach Post contains an editorial entitled "Find out Roberts' views on privacy, federalism."

The Arizona Republic contains an editorial entitled "No circus, please; The highest seat on our highest court deserves a hearing conducted on highest plane."

The Salt Lake Tribune contains an editorial entitled "President's choice: If Roberts succeeds Rehnquist, it would complete circle."

The Dallas Morning News contains an editorial entitled "Back on the Hill: Roberts' chief justice nod raises the stakes."

The St. Louis Post-Dispatch contains an editorial entitled "Judge John G. Roberts Jr.: Wrong side of history." And U.S. Senator Richard J. Durbin (D-IL) has an op-ed entitled "The stakes could not be higher."

The News Journal of Wilmington, Delaware contains an editorial entitled "Bush is right to act quickly in nominating a new chief justice."

The Mobile Register contains an editorial entitled "John Roberts will do well at court's helm."

The Montgomery (Ala.) Advertiser contains an editorial entitled "Rehnquist death changes picture."

The Huntsville Times contains an editorial entitled "Change on the court; Rehnquist's death alters the scenario for John Roberts."

The Amarillo Globe-News contains an editorial entitled "Let hearing be loud and clear; Leave partisanship, politics at door."

In The Chicago Sun-Times, Robert Novak has an op-ed entitled "Bush secretly decided weeks ago on simplest solution."

And in The Philadelphia Inquirer, Richard Stengel has an op-ed entitled "Senate has played its part judiciously."
Posted at 08:30 PM by Howard Bashman




James Kuhnhenn of Knight Ridder Newspapers is reporting: He has articles headlined "Senate expands focus of questions for Roberts as chief justice" and "Katrina thrusts government's role to the fore in confirmation battle."
Posted at 08:24 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Americans Pay Respects to Rehnquist at Supreme Court" (featuring Nina Totenberg) and "Reflections on Rehnquist." RealPlayer is required to launch these audio segments.
Posted at 08:12 PM by Howard Bashman



"Justices pay last respects to Rehnquist; Body lies in repose at Supreme Court; Funeral set for Wednesday": CNN.com provides this report.
Posted at 08:08 PM by Howard Bashman



"Bush to Speak at Rehnquist Funeral": Gina Holland of The Associated Press provides this report.
Posted at 05:54 PM by Howard Bashman



"Supreme Sorrow": CBS News legal analyst Andrew Cohen has this essay.
Posted at 05:32 PM by Howard Bashman



The New Orleans-based U.S. Court of Appeals for the Fifth Circuit is hearing oral arguments this week: Not in New Orleans, of course, but the development is significant nonetheless.
Posted at 05:25 PM by Howard Bashman



Reuters is reporting: Thomas Ferraro has an article headlined "Roberts could unify, televise US court, Specter says." So long as Justice David H. Souter remains on the Court, however, a Chief Justice Roberts is unlikely simultaneously to do both.

And an article headlined "U.S. court rules FERC lacked power refund authority" reports on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:15 PM by Howard Bashman




The Associated Press is reporting: Jesse J. Holland has a report headlined "Bush: List for Second Vacancy 'Wide Open.'"

And in related news, "Justices, Bush Among Rehnquist Mourners."
Posted at 05:10 PM by Howard Bashman




"Supreme Court Nomination and Withdrawal Sent to the Senate": The White House today officially nominated John G. Roberts, Jr. to serve as Chief Justice of the United States.
Posted at 05:05 PM by Howard Bashman



"Rehnquist Farewell Begins; Roberts' Hearings Scheduled to Begin Monday": Tony Mauro provides this news update.
Posted at 05:02 PM by Howard Bashman



"Slate's Jurisprudence: Roberts' Steps to Confirmation." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:28 PM by Howard Bashman



Reuters is reporting: James Vicini reports that "Washington pays last respects to Rehnquist."

And Thomas Ferraro reports that "Roberts confirmation hearing set for Monday."
Posted at 03:25 PM by Howard Bashman




"Rehnquist's Coffin Carried to Supreme Court; Friends and Family Pay Respects to Chief Justice": The Washington Post provides this news update.

The Los Angeles Times provides a news update headlined "Roberts Confirmation Hearings Slated to Begin Monday."

And The New York Times provides a news update headlined "Roberts Hearing Set for Monday; Rehnquist's Casket Lies in Court."
Posted at 02:20 PM by Howard Bashman




"Americans Pay Their Respects to Rehnquist": The Associated Press provides this report.
Posted at 01:58 PM by Howard Bashman



"High Stakes for the High Court": This segment (available online in both RealPlayer and Windows Media formats) appeared today on the public radio program "On Point." The segment features impressive guests, including the mysterious "Linda Crawford Greenburg" of The Chicago Tribune. [Update: Now having listened to the program, I can report that Jan Crawford Greenburg did not appear, which may explain why the segment's online description contains an incorrect first name for her.]
Posted at 01:54 PM by Howard Bashman



U.S. Court of Appeals for the Ninth Circuit overturns as constitutionally excessive $108.5 million in punitive damages awarded by a jury in 1999 for violations of the Freedom of Access to Clinic Entrances Act: You can access today's ruling in this matter, sometimes known as the "Nuremberg Files" case, at this link. In today's ruling, the three-judge panel remits the punitive damages award to an amount that the panel views as constitutionally permissible and orders the district court to conduct a new trial if plaintiffs refuse the remittitur.

Additional background about the case can be accessed here and here.

Back in May 2002, the Ninth Circuit issued a sharply divided en banc ruling in this case. My coverage of that ruling can be accessed here and here.
Posted at 01:20 PM by Howard Bashman




Confirmation hearing for John G. Roberts, Jr. to be Chief Justice of the United States to begin on Monday, September 12, 2005: Jesse J. Holland of The Associated Press provides this report.
Posted at 10:55 AM by Howard Bashman



"Roberts Among Pall Bearers for Rehnquist": The Associated Press provides this report.
Posted at 10:48 AM by Howard Bashman



"Dual Purpose: Rehnquist attempted two distinct projects during his years on the Court; In one area, his arguments were important and plausible; In the other, he overstepped." Law Professor Cass R. Sunstein has this essay online today at The New Republic.
Posted at 10:00 AM by Howard Bashman



"Gentleman of the Court": Law Professor Laurence H. Tribe has this op-ed today in The New York Times.

And that newspaper today also contains an editorial entitled "John Roberts's Rapid Ascension."
Posted at 09:55 AM by Howard Bashman




In today's edition of The San Francisco Chronicle: An article is headlined "Tougher scrutiny for Roberts; Stakes are raised in confirmation battle as president moves to fill chief justice's seat."

And Bob Egelko has articles headlined "Roberts, Rehnquist: mirror images" and "Chief justice has powers beyond just a single vote; Job carries added influence, burdens."
Posted at 09:44 AM by Howard Bashman




The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Roberts up for chief justice; Bush shifts his choice for high court, leaving O'Connor's spot to fill" and "Chief justice runs court systems, guides colleagues."
Posted at 09:40 AM by Howard Bashman



"John Roberts Confirmation Hearings": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:35 AM by Howard Bashman



"Rehnquist Public Viewing": C-SPAN is planning to provide live coverage beginning at 10 a.m. eastern time today. You can click here to view live online using RealPlayer.
Posted at 09:30 AM by Howard Bashman



"Roberts Tapped for Chief Justice; At 50, he could shape the court for decades; O'Connor's swing-vote seat must still be filled": David G. Savage and Henry Weinstein have this article today in The Los Angeles Times. And David G. Savage also reports that "O'Connor's Staying on Court May Carry Little Weight; Her vote on cases would count only as opinions are issued, presumably after she's gone."

The Washington Post, in addition to the articles I noted here last night, today contains articles headlined "Observances Begin Today at High Court; Body to Lie in Repose Until Tomorrow"; "Democrats Pledge More Intense Scrutiny of Roberts; With His Confirmation Still Expected, the Real Battle Focuses on a Successor to O'Connor"; and "New Kid on Top; John Roberts Could Leapfrog Over His Elders."

The Boston Globe today contains articles headlined "Bush picks Roberts for chief justice; O'Connor is likely to remain for now"; "Art of persuasion may be key to a Roberts Court"; and "With stakes raised, Democrats seek more background on nominee."

The Baltimore Sun reports that "Bush picks Roberts for chief justice; Nominee 'has earned nation's confidence,' he says of his choice to succeed Rehnquist; New round of speculation over O'Connor vacancy" and "Confirmation hearings are likely to heat up."

USA Today contains articles headlined "Picking Roberts for court's top job raises stakes; Hearings delayed until after Rehnquist funeral"; "Special interests gear up for fight on court vacancy; Partisan groups make lobbying plans": and "Senators differ on pace of hearing."

The Washington Times contains articles headlined "Roberts picked for chief justice"; "Chief justice favored Roberts"; and "Senate delays hearings for Roberts nomination."

The Pittsburgh Post-Gazette contains articles headlined "Roberts picked for chief justice; Bush moves quickly to nominate 50-year-old to succeed Rehnquist" and "Analysis: Likely choices for vacancy include women, Hispanics."

The Houston Chronicle reports that "Roberts' nomination as chief may avoid Senate fight; His record has been scrutinized for several weeks."

Newsday reports that "Roberts called on as chief; Bush cites judge's 'striking ability' as lawyer when choosing him to replace Rehnquist, which will delay O'Connor's retirement from court."

The New York Sun reports that "President Nominates Roberts as Chief Justice."

The Atlanta Journal-Constitution reports that "Roberts tapped to succeed Rehnquist; Democrats warn pick will warrant tougher scrutiny."

The Milwaukee Journal Sentinel reports that "Stable court defied forecasts; Major 5-4 centrist decisions marked Rehnquist years."

The Newark Star-Ledger reports that "Bush taps Roberts as chief justice; President urges Senate to confirm him before new term on Oct. 3" and "Rehnquist decisions were felt in Jersey."

The Journal News of Westchester, New York reports that "Schumer fires up grill for Roberts."

The Providence (R.I.) Journal reports that "Chafee remains noncommittal on Roberts nomination; The Rhode Island Republican says he is continuing to study the record of the nominee now being considered for the position of chief justice."

The News Journal of Wilmington reports that "Delawareans trying to read Roberts; Groups will hold rallies as experts debate judge's impact on country."

The Harvard Crimson reports that "Bush Nominates Roberts for Chief Justice; Roberts would be first College, HLS grad to head Supreme Court."

And The Gallup Organization reports that "Public Most Interested in Hearing Roberts' Views on Abortion; Slim majority continues to favor his confirmation."
Posted at 06:40 AM by Howard Bashman



Monday, September 05, 2005


"William Rehnquist's legacy": This segment (RealPlayer required) featuring Law Professor David Stras appeared on today's broadcast of "Midmorning" on Minnesota Public Radio.
Posted at 11:33 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Bush Shifts Strategy on Roberts' High Court Bid" (featuring Nina Totenberg); "Roberts Nominated for Chief Justice"; and "Save 'Political Theater' for Controversial Nominees."

And today's broadcast of "Talk of the Nation" contained segments entitled "A Look at Roberts' Nomination as Chief Justice" and "Weighing the Roberts Nomination" (featuring David G. Savage of The Los Angeles Times).

RealPlayer is required to launch these audio segments.
Posted at 11:30 PM by Howard Bashman




"President Names Roberts as Choice for Chief Justice": This article will appear Tuesday in The New York Times, along with a news analysis headlined "Buying Time With Quick Action on Court and a 2nd Trip to South."

And Tuesday in USA Today, Joan Biskupic will have articles headlined "History maps plan to handle court's upcoming changes" and "Political equations are in for a revision."
Posted at 11:22 PM by Howard Bashman




"A Court Choice Well Schooled in Chief Justice Job's Pitfalls": Linda Greenhouse will have this article Tuesday in The New York Times.

Tuesday in The Washington Post, Charles Lane will have articles headlined "Roberts Was Influenced by Critics of the Warren Court; Like Rehnquist, the Nominee Is a Skeptic on Judicial Intervention" and "Roberts's Personal Skills and Political Savvy Seen as Assets; Persuasion, Tact Could Help Forge New Majorities." And in related coverage, "Bush Nominates Roberts as Chief Justice; President Seeks Quick Approval With Another Seat Left to Fill."

The Dallas Morning News on Tuesday will report that "Bush nominates John Roberts to be chief justice."

Newsday on Tuesday will report that "Bush taps Roberts for chief; President notes judge's 'striking ability' as a lawyer and leadership qualities, as Democrats call for release of more background information."

And The Guardian (UK) reports that "Bush plays safe in appointing chief justice."
Posted at 10:15 PM by Howard Bashman




"Roberts gets nod as chief; President quick to nominate a successor for Rehnquist": Jan Crawford Greenburg of The Chicago Tribune provides this news update, along with a news update headlined "Roberts more like Rehnquist than O'Connor; Sees limited role for courts."

Tuesday's edition of The Hill will contain articles headlined "Roberts hearing delayed" and "25 Dems could vote for Roberts."

Patti Waldmeir of Financial Times reports that "Senate’s choice of top judge will reverberate for decades."

The Telegraph (UK) reports that "Bush surprises in choice of top judge."

The Independent (UK) reports that "Bush moves quickly to nominate Roberts as the next chief justice."

And The Times of London reports that "Bush plays it safe over his choice of new Chief Justice."
Posted at 09:15 PM by Howard Bashman




"Blawg Review #22": Available online here at "Blawg Wisdom."
Posted at 09:10 PM by Howard Bashman



"Bush nominates Roberts to be chief justice": Steven Thomma and Stephen Henderson of Knight Ridder Newspapers provide this report.
Posted at 09:03 PM by Howard Bashman



President Bush's decision to nominate John G. Roberts, Jr. to replace Chief Justice William H. Rehnquist, instead of having Judge Roberts replace Justice Sandra Day O'Connor, is good news at least temporarily for liberal opponents of this nominee: Judge Roberts, whom the U.S. Senate unquestionably would have confirmed to replace Justice O'Connor, appeared quite likely to wield a dependably more conservative vote than Justice O'Connor had exercised in her key swing-vote role. Judge Roberts is likely to be just as conservative as, but not much more conservative than, Chief Justice Rehnquist had been.

Thus, Judge Roberts's confirmation to the Court no longer threatens to replace a centrist swing-vote with a dependably conservative vote. And conservative supporters of President Bush must again worry that the Bush Administration might squander the opportunity to replace Justice O'Connor with a more reliably conservative vote.
Posted at 08:58 PM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "Roberts Faces Hard Task As Chief Justice." And in related coverage, "A Day in the Life of a Chief Justice."

Terence Hunt reports that "Bush Chooses Roberts, Weighs Other Vacancy."

And an article reports that "Rehnquist's Casket Heads to Court Tuesday."
Posted at 08:50 PM by Howard Bashman




"Chief Justice Rehnquist Dies at 80; Bush nominates Roberts to be next chief justice": law.com's Tony Mauro provides this report along with a list of the Chief Justice's major opinions and dissents.
Posted at 08:45 PM by Howard Bashman



"Sweeping Changes at the Supreme Court": This segment (RealPlayer required) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 08:40 PM by Howard Bashman



In Tuesday's issue of The Christian Science Monitor: Warren Richey and Gail Russell Chaddock will have an article headlined "Roberts tapped for higher court calling."

Warren Richey will also have an article headlined "Rehnquist's unfinished agenda: During 19 years as chief justice, he tugged the court right, but it didn't move far."

And the newspaper will contain an editorial entitled "William Rehnquist, the federalist."
Posted at 06:20 PM by Howard Bashman




On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "What Will History Make of Rehnquist?" (featuring Dahlia Lithwick); "A Former Clerk Recalls the Chief Justice" (featuring Law Professor Richard W. Garnett); "Filling Two High Court Vacancies a Rare Task"; and "William Rehnquist, In His Own Words."
Posted at 03:24 PM by Howard Bashman



"Bush Names Roberts for Chief Justice": This segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here and Now."
Posted at 03:22 PM by Howard Bashman



"Bush Takes Safe Path on Roberts": The Associated Press provides this report.
Posted at 03:20 PM by Howard Bashman



Law Professor Ann Althouse discusses today's Chief Justice nomination: Here, via Wisconsin Public Radio (RealPlayer required).
Posted at 11:20 AM by Howard Bashman



In commentary: The New York Times today contains an editorial entitled "Chief Justice William Rehnquist."

The Los Angeles Times today contains an editorial entitled "Judicious restraint" and an op-ed by Law Professor John Yoo entitled "A revolution that had run its course: Rehnquist went from 'Lone Ranger' to chief justice, and saw many of his conservative views triumph; But recent rulings went against him."

The Washington Post contains an editorial entitled "The Rehnquist Era" and an op-ed by columnist George F. Will entitled "An 'Activist' Justice." In addition, Edward Lazarus has an op-ed entitled "Shallow Decisions," while Cliff Sloan has an op-ed entitled "A Limited Legacy."

The Boston Globe today contains an editorial entitled "After Rehnquist" and yesterday contained an op-ed by columnist Ellen Goodman entitled "Who is John Roberts?"

The Baltimore Sun today contains an editorial entitled "Chief Justice Rehnquist."

The Dallas Morning News contains an editorial entitled "William H. Rehnquist: Chief justice was pragmatic and principled."

Newsday contains an editorial entitled "Rehnquist's long reach: The chief justice made his conservative imprint with grace." Columnist Raymond J. Keating has an op-ed entitled "Some advice for Schumer on judicial nominees." And Jeffrey Segal has an op-ed entitled "Picks didn't always do right by GOP: Though Rehnquist leaned conservative, justices historically have failed to move the court to the right."

The Washington Times contains an editorial entitled "Chief Justice Rehnquist."

The Oregonian contains an editorial entitled "The Rehnquist court, adjourned: William Rehnquist, a towering figure in American law, led a conservative revolution that is still on the ascent."

The Milwaukee Journal Sentinel contains an editorial entitled "A legacy that touches us all."

The Fort Worth Star-Telegram contains an editorial entitled "A remarkable American."

The San Jose Mercury News contains editorials entitled "Court's balance should be retained" and "Keeping our fingers crossed about Roberts."

The Toledo Blade contains an editorial entitled "The Rehnquist vacancy."

The Orlando Sentinel contains an editorial entitled "William Rehnquist: The chief justice served with extraordinary dedication and integrity."

The Philadelphia Inquirer contains an editorial entitled "Chief Justice Rehnquist: A very long run with very big impact."

The Charlotte Observer contains an editorial entitled "Rehnquist's legacy: In integrity, manner, chief justice won colleagues' admiration."

The Providence (R.I.) Journal contains an editorial entitled "William Rehnquist, 1924-2005."

The Binghamton Press & Sun-Bulletin contains an editorial entitled "Rehnquist served court, nation well."

In The Chicago Sun-Times, Robert Novak has an op-ed entitled "Will Bush heed supporters' demand, shift court to right?"

Online at OpinionJournal, Law Professor Cass Sunstein has an op-ed entitled "John Roberts, Minimalist: He's conservative, but he's no fundamentalist."

In The Kansas City Star, Heidi C. Doerhoff has an op-ed entitled "Hail to 'the Chief': An ex-clerk’s homage."

And in The Centre Daily Times, Michael Comiskey has an op-ed entitled "Keep politics in the process of appointing Supreme Court justices."
Posted at 10:45 AM by Howard Bashman




"Bush Nominates Roberts to Replace Chief Justice Rehnquist": The New York Times provides this news update.
Posted at 10:35 AM by Howard Bashman



The wire services are reporting: The Associated Press provides articles headlined "Bush Nominates Roberts for Chief Justice"; "Roberts Rises to Chief Justice Nominee"; and "Rehnquist Funeral, Burial Set for Wed."

Bloomberg News reports that "Bush Chooses John Roberts as Next U.S. Chief Justice."

And Reuters reports that "Bush picks Roberts to succeed Rehnquist."
Posted at 10:30 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": A segment featuring Cokie Roberts was entitled "Roberts Tapped to Succeed Rehnquist as Chief Justice."

The broadcast contained segments featuring Nina Totenberg entitled "Speculation over a High Court in Transition"; "Specter a Wild Card in Senate Hearings on Roberts"; and "Timeline for Roberts' Confirmation Hearings in Doubt."

And the broadcast also contained segments entitled "Will Rehnquist's Conservative Legacy Endure?" and "Bush's Nomination of Roberts a Balancing Act."

RealPlayer is required to launch these audio segments.
Posted at 10:15 AM by Howard Bashman




"Remarks by the President Nominating Judge John Roberts to be Chief Justice of the Supreme Court": The White House's web site has just posted online this transcript of this morning's announcement.
Posted at 08:50 AM by Howard Bashman



"Two Vacancies Give Bush a Chance to Solidify Court's Right": This news analysis appears today in The Washington Post, which also contains articles headlined "Second Court Vacancy Triggers a Scramble; Bush Considers Picking Roberts as Chief, Aides Say"; "The Rehnquist Legacy: 33 Years Turning Back the Court; Chief Justice Came to Recognize Limits On His Power to Fight Liberal Drift"; "Roberts Hearings Likely to Enter Religious Territory"; "One Man's Unwavering Constitution: To the End, Rehnquist Followed His Own Path"; "Again, Right Voices Concern About Gonzales"; and "Delay Weighed for Roberts Hearings."

The New York Times, in addition to the articles I noted here last night, today contains articles headlined "Complications for Both Sides in the Battle for the Court" and "Chaotic Week Leaves Bush Team on Defensive."

In The Los Angeles Times, David G. Savage and Henry Weinstein report that "Supreme Court Picture Gets Complex; What had been seen as a smooth nomination process for John Roberts is now complicated by Rehnquist's funeral and the chief justice vacancy." And Ronald Brownstein has a news analysis headlined "Court Moves May Give Bush Political High Ground; Judicial nominations can reinvigorate his core supporters and score victories on Capitol Hill."

The Chicago Tribune contains articles headlined "What's next for court? Bush could renominate Roberts as chief justice"; "Top senators differ on delay; Democrats urge pause for Rehnquist, disaster"; and "Chaotic time in nation's capital; Rehnquist's death, Katrina's wrath challenge Bush," along with this obituary of Chief Justice William H. Rehnquist.

In The Boston Globe, Charlie Savage reports that "Rehnquist death puts pressure on Bush; To be urged to pick female, Hispanic." The newspaper also reports that "Death prompts Democrats to rethink strategy on Roberts"; "From troubled present, a chance to shape future; Bush's problems may limit strategy he takes with court"; and "Law community cites Rehnquist's courage, commitment."

Newsday contains articles headlined "Seats are available to the right; Rehnquist's passing leaves a second Supreme Court post open for Bush to use to solidify a conservative course" and "Supreme complication: With chief justice's and O'Connor's seats to fill, Bush has many strategic options to choose from to formulate a new court."

In The San Francisco Chronicle, Bob Egelko has an article headlined "The effect on the court's docket: If only 8 justices sit, tie votes could leave issues unresolved." And the newspaper also reports that "Chief justice's passing provides Bush with major opportunity."

The St. Petersburg Times contains articles headlined "Roberts' advice: Talk, but say little; His strategy for Sandra Day O'Connor's confirmation hearings is likely to be a preview of his own, which start this week"; "Death's impact on court minimal; President Bush will likely replace the chief justice with another conservative; The question: What kind?"; and "Without the robe, he blended right in."

The Houston Chronicle contains articles headlined "Rehnquist led court to right; But his desire for unity often trumped principle of conservatism"; "Bush faces crucial test in Rehnquist vacancy"; "Court will face issues of new complexity; Unprecedented questions forming because of quick pace of change in tech world, science"; and "Texans view Rehnquist as a 'hard act to follow'; Chief justice's judiciary advocacy called unparalleled."

The Pittsburgh Post-Gazette contains articles headlined "Rehnquist's death left Supreme Court tangle"; "Rehnquist's death unsettled plans of Roberts' supporters, opponents"; and "Bush: 'America will honor' memory of Rehnquist."

The Sacramento Bee contains articles headlined "Bush ponders court strategy; The president vows quick action as he weighs several ways to replace Rehnquist" and "He was pivotal in shift to right; Rehnquist's judicial revolution made the Supreme Court far more conservative."

In The Dallas Morning News, Allen Pusey reports that "Leaders note Rehnquist's imprint on high court; Chief justice praised for brilliance and for maintaining civility." And in related coverage, "Rehnquist's death raises stakes in battle over Supreme Court; With pressure already high, Bush vows to fill 2nd vacancy quickly."

The Baltimore Sun contains articles headlined "Bush to nominate Rehnquist's successor on court 'promptly'; President must choose nominee, chief justice"; "2 vacancies may greatly alter court"; "Lawmakers reflect on Rehnquist's deep commitment to federal judiciary; Delay in Roberts' hearing weighed; some say moving ahead would show respect"; and "Selection to test Bush at precarious moment."

The Washington Times contains articles headlined "Roberts' star rose as a lawyer under Reagan, Bush"; "Bush vows to replace Rehnquist quickly"; "Chief justice remembered as staunch conservative"; "Democrats push for delay of Roberts hearings"; and "Specter rises above 2004 'Worst Republican' title."

The Globe and Mail of Toronto contains an article headlined "Can Bush reshape Supreme Court?"

Financial Times reports that "US Supreme Court's top justice dies."

The Salt Lake Tribune reports that "Hatch may play protective role in Roberts hearings; He may stop Democrats' criticism and reprimand them for 'acting improperly.'"

The St. Louis Post-Dispatch reports that "Supreme Court fight puts Durbin in spotlight."

The New York Daily News contains an article headlined "Supreme Court gridlock; Bush vows 'timely' pick."

The Cincinnati Enquirer reports that "Double decision awaiting Senate; Rehnquist death increases stakes."

The State of Columbia, South Carolina reports that "Notable Roberts’ case has S.C. ties; Charleston lawyer argued 'french fry' case in appellate court in front of nominee."

The Journal News of Westchester, New York reports that "Rehnquist's death brings uncertainty."

The Milwaukee Journal Sentinel reports that "Roberts hearings may be delayed; Rehnquist's death, Hurricane Katrina divert lawmakers."

The Hill reports that "Specter may delay Roberts hearing."

The Providence (R.I.) Journal reports that "R.I. lawmakers laud Rehnquist; Some take the opportunity to urge moderation, especially in this time of national turmoil, as the president selects two new members of the high court."

The Mobile Register reports that "Rehnquist's legal philosophy won him many admirers in Alabama."

The Tennessean reports that "Nashville lawyers recall Rehnquist's lack of pretense, ability to compromise."

The Orange County Register reports that "Local lawmakers see galvanizing issue."

The Press-Enterprise of Riverside, California reports that "Inland stakes called high in choice for court; The decisions of Rehnquist's successor will impact key issues, experts and residents say."

The Toledo Blade reports that "Legal community expresses respect for chief justice."

The Green Bay Press-Gazette reports that "State politicians hail Rehnquist for honor, dignity; Supreme Court chief justice and Wisconsin native 'source of enormous pride.'"

The Argus Leader reports that "S. Dakotans expect interesting fights over nominations."

The Yale Daily News reports that "Professors reflect on Rehnquist era."

The Indiana Daily Student reports that "Professors, former clerks remember friend, mentor; Former Rehnquist clerks reflect on legacy."

The Daily News Journal of Murfreesboro, Tennessee reports that "Rehnquist long lone conservative."

And The Press & Sun-Bulletin of Binghamton, New York reports that "Rehnquist recalled as 'a good man...trying to do good'; Southern Tier residents reflect on chief justice and his record."
Posted at 08:32 AM by Howard Bashman




BREAKING NEWS -- "Bush Nominates Roberts As Chief Justice": The Associated Press provides this report. This development is likely to lead to a postponement of the confirmation hearing that was scheduled to begin tomorrow.
Posted at 08:15 AM by Howard Bashman


Sunday, September 04, 2005


"The Grand Duke's Revolution": CBS News legal analyst Andrew Cohen has an essay that begins, "William H. Rehnquist didn't change his conservative legal principles much during his generation-long tenure on the Supreme Court."
Posted at 10:50 PM by Howard Bashman



"Locking in the court: Bush would like to replace Rehnquist with a like-minded conservative in their 50s who could steer the court to the right for decades." The St. Petersburg Times provides this news update.
Posted at 10:40 PM by Howard Bashman



In Monday's edition of The New York Times: Linda Greenhouse will have an article headlined "News Was Surprising to Colleagues on Court" and an obituary headlined "William H. Rehnquist, Architect of Conservative Court, Dies at 80."

In related news, "Bush Promises to Move Quickly on Chief Justice."

And the newspaper will contain "Excerpts From Eight Decisions That Helped Shape Doctrines."
Posted at 10:33 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Rehnquist: From Lone Dissenter to Consensus-Builder" (featuring Nina Totenberg) and "Rehnquist's Death: What to Expect Next." RealPlayer is required to launch these audio segments.
Posted at 10:24 PM by Howard Bashman



"Events make Bush's high court choice difficult": Joan Biskupic has this news update online at USA Today.

Monday in The Washington Post, Charles Lane's "Full Court Press" column will carry the headline "A Man of Many Hobbies and Little Fuss."

The Chicago Tribune on Monday will report that "In wake of Rehnquist death, Congress is divided over delay on Roberts' hearing."

Steven Thomma and Stephen Henderson of Knight Ridder Newspapers report that "It's unusual for a president to have a chance to remake the Supreme Court," and Henderson has an additional article headlined "A look at the role of the chief justice."

Monday in The Dallas Morning News, Allen Pusey will have an article headlined "William Rehnquist, 'profound devotion to duty.'"

The September 12, 2005 issue of Time magazine will contain an article headlined "Who Will Be the Next Rehnquist?"

Stanford Report provides an article headlined "Stanford community mourns the death of William H. Rehnquist '48, MA '48, LLB '52."

At the First Amendment Center, Tony Mauro has a report headlined "Rehnquist: guided by the framers." And Ronald K.L. Collins has an article headlined "Rehnquist & First Amendment: end of an era."

At c|net News.Com, Declan McCullagh reports that "Key tech decisions marked Rehnquist tenure."

From overseas, Monday's edition of The Telegraph (UK) reports that "Judge's death allows Bush to find radical Right-winger."

The Times of London contains an obituary headlined "William Rehnquist: Long-serving Chief Justice of the US Supreme Court who stuck firmly to the rule of law and his belief in state autonomy" and an article headlined "Court politics: Rehnquist's death presents Bush with a political challenge."

The Guardian (UK) reports that "Bush gets chance to shape US top court; Historic opportunity for president as chief justice William Rehnquist dies, creating second vacancy on supreme court" and contains an obituary headlined "Chief Justice William Rehnquist: Conservative head of the US supreme court who opposed abortion and homosexuality, he presided over Clinton's impeachment trial."

And The Independent (UK) reports that "Bush faces second Supreme Court challenge with death of Rehnquist" and contains an obituary headlined "William Rehnquist: Conservative US Chief Justice who presided with moderation over the Supreme Court."
Posted at 08:54 PM by Howard Bashman




"Swing shift: How Anthony Kennedy's passion for foreign law could change the Supreme Court." Jeffrey Toobin will have this article in the September 12, 2005 issue of The New Yorker (via "SCOTUSblog"). [Update: The New Yorker has posted online the article at this link.]
Posted at 08:37 PM by Howard Bashman



"Justices pay tribute to Rehnquist": CNN.com provides this report.
Posted at 08:32 PM by Howard Bashman



The Associated Press is reporting: An article headlined "Rehnquist to Lie in Repose at High Court" begins, "Chief Justice William Rehnquist's body will lie in repose in the Great Hall of the Supreme Court on Tuesday and Wednesday and he will be buried at Arlington National Cemetery following funeral services Wednesday."

And in other news, "Chief Justice Last Died in Office in 1953."
Posted at 08:30 PM by Howard Bashman




"Bush Faces Tricky Choice; President Will Nominate Rehnquist's Successor at a Time When His Political Capital Has Ebbed": This news analysis appears online at washingtonpost.com.
Posted at 06:38 PM by Howard Bashman



"Speculation Grows About Minority or Woman Nominee": Neil A. Lewis has this news update online at The New York Times.
Posted at 06:35 PM by Howard Bashman



"Rehnquist's mixed legacy: Historians will rank him as one of the 20th century's most important chief justices, but while William Rehnquist's court transformed constitutional law, he did not." Mark Tushnet has this essay online at Salon.com.
Posted at 06:33 PM by Howard Bashman



Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "History's Justice: What Rehnquist didn't do."

Emily Bazelon has a jurisprudence essay entitled "Double Trouble: Now what happens to the court?"

Walter Dellinger has an essay entitled "In Memoriam: William H. Rehnquist, the man who devised the natural law of federalism."

And Richard W. Garnett has a jurisprudence essay entitled "Tennis and Top Buttons: Remembering William H. Rehnquist."
Posted at 06:30 PM by Howard Bashman




"The Fifth Circuit courthouse in New Orleans has been examined and has been found to be secure (with guards) and unharmed": So reports a knowledgeable source.
Posted at 05:35 PM by Howard Bashman



"A Look at Possible Supreme Court Nominees": The Associated Press provides this report.

In other coverage from The AP, "Rehnquist Was a Man of Many Passions."

And Jesse J. Holland reports that "Lawmakers Scramble to Replace Rehnquist."
Posted at 04:15 PM by Howard Bashman




Available online from C-SPAN: Using RealPlayer, you can access online the following video clips: "Pres. Bush Statement on the Death of Chief Justice Rehnquist"; "Sen. Charles Schumer (D-NY) Remarks on Roberts Hearing Schedule"; and "William Rehnquist Senate Confirmation Hearing to be Chief Justice."
Posted at 04:00 PM by Howard Bashman



"Rehnquist's legacy: an assertive court." Jan Crawford Greenburg has this news analysis online at the web site of The Chicago Tribune. That newspaper also offers an update headlined "Rehnquist trimmed court caseload."

Bloomberg News reports that "Schumer, Cornyn Say Senate May Delay Roberts Hearings."

The September 12, 2005 issue of Newsweek will contain an article by Evan Thomas and Stuart Taylor Jr. headlined "Hail To The Chief: He helped pull the court to the right in a fractious age; The life, times and legacy of a Supreme presence."

Time magazine offers a web exclusive headlined "William Rehnquist: 1924-2005; In 33 years on the Supreme Court he helped move the country to the right; But Rehnquist's main focus was on limiting federal power."

U.S. News & World Report provides online coverage headlined "Rehnquist death leaves second vacancy."

Tom Curry of MSNBC has reports headlined "Chief justice shaped high court conservatism; Best known for decisions limiting federal power, upholding school vouchers" and "For Bush, historic choices, a tough environment; Democrats signal they will seek delay in confirmation of Roberts."

Online at The Christian Science Monitor, Warren Richey has articles headlined "Rehnquist pushed court to the right; But the high court exhibited a stingy reluctance to go as far as chief justice wanted" and "What's next for filling high court's vacancies? Bush pledges to name a Rehnquist replacement in 'timely manner.'"

And Financial Times reports on "Options for Bush as US chief justice dies."
Posted at 03:10 PM by Howard Bashman




On today's broadcast of NPR's "Weekend Edition - Sunday": The program contained segments featuring Nina Totenberg entitled "William Rehnquist: His Life and Career" and "The High Court After Rehnquist."

The program also contained segments entitled "Bush Pays Tribute to Rehnquist" and "Rehnquist and Katrina: Political Perspective."

RealPlayer is required to launch these audio segments.
Posted at 02:30 PM by Howard Bashman




"On Moral Grounds, Some Judges Are Opting Out of Abortion Cases": Adam Liptak has this article today in The New York Times.
Posted at 02:28 PM by Howard Bashman



U.S. Supreme Court confirmation hearing for John G. Roberts, Jr. to be postponed one week so as not to overlap with funeral and official ceremonies honoring the memory of Chief Justice William H. Rehnquist? I view such a postponement as likely, but only time will tell. The confirmation hearing is currently scheduled to begin on Tuesday, September 6, 2005 and run through the balance of the week. A one-week postponement would not prevent Roberts from being confirmed in time to join the Court on the first Monday in October, and such a postponement would allow the White House to consider whether to make Roberts the nominee for Chief Justice. It is doubtful that such a change in the nomination would justify any further delay of the confirmation process.

The text of President Bush's "Statement on the Death of Chief Justice William Rehnquist" delivered this morning at the White House can be accessed here.
Posted at 12:25 PM by Howard Bashman




"Rehnquist's Death Puts Stevens in Charge": Anne Gearan of The Associated Press provides this report.

The AP also offers a report headlined "A Look Back at Multiple Court Vacancies." Because Justice Sandra Day O'Connor's departure from the Court will not occur, in accordance with the terms of her retirement announcement, until a successor is confirmed, technically the Court does not currently have two vacancies.
Posted at 12:21 PM by Howard Bashman




"Roberts Supreme Court confirmation hearings likely to be dramatic": This article appears today in The Pittsburgh Post-Gazette.

The Denver Post reports today that "Women key in Roberts hearings; Court nominee's views on Title IX and Roe vs. Wade to be scrutinized."

In The San Francisco Chronicle, Bob Egelko has an article headlined "Will Roberts move left? The ideological migration of other justices is instructive."

And The Barre (Vt.) Times Argus reports that "Leahy studying up on Judge Roberts."

Meanwhile, in commentary, The New York Times today contains an editorial entitled "Quizzing Judge Roberts."

And in The Washington Post, columnist George F. Will has an op-ed entitled "Questions for Sen. Schumer."
Posted at 10:28 AM by Howard Bashman




"Bush Says He'll Fill Vacancies Promptly": The Associated Press provides a report that begins, "President Bush on Sunday called the late Chief Justice William H. Rehnquist a man of 'character and dedication' and said he would work swiftly to fill the two openings at the Supreme Court."
Posted at 10:25 AM by Howard Bashman



"A series of 4-4 splits?" Lyle Denniston has this post online at "SCOTUSblog."
Posted at 09:40 AM by Howard Bashman



"Chief Justice Rehnquist Dies at 80": Linda Greenhouse has this article today in The New York Times, along with an obituary headlined "William H. Rehnquist, Chief Justice of Supreme Court, Is Dead at 80."

Today in The Washington Post, Charles Lane has a front page article headlined "Chief Justice William H. Rehnquist Dies."

Online at USA Today, Joan Biskupic has articles headlined "Rehnquist left Supreme Court with conservative legacy" and "Rehnquist often sided with states over federal power."

In The Los Angeles Times, David G. Savage has an obituary headlined "Chief Justice, 80, Led Court on a Conservative Path."

Stephen Henderson of Knight Ridder Newspapers has articles headlined "Chief Justice William Rehnquist dies at 80" and "Rehnquist journeyed from firebrand to measured leader," while James Kuhnhenn reports that "Vacancy raises stakes in Roberts hearing."

The Milwaukee Journal Sentinel contains articles headlined "Rehnquist is dead at 80; Shorewood native became 16th U.S. chief justice"; "A conservative in law and in temperament; Rehnquist had long court tenure"; and "Sporting stripes set Rehnquist apart."

In The Boston Globe, Charlie Savage has articles headlined "Chief Justice Rehnquist dies; Passing of conservative voice creates 2d Supreme Court vacancy" and "Conservative 'Lone Ranger' became court's mainstream voice." And an article is headlined "Chief justice known for potent intellect."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Rehnquist dies; Chief justice helped lead conservative legal movement."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Rehnquist's legal views evolved in 33 years."

In The Baltimore Sun, Gail Gibson reports that "Rehnquist dies at age 80; Chief Justice helped steer court to the right."

In The Dallas Morning News, Allen Pusey reports that "Chief Justice Rehnquist dies; In 33-year tenure, conservative prodded high court to the right."

In The San Francisco Chronicle, Bob Egelko reports that "Rehnquist dies; Conservative jurist helped steer high court on path to the right."

The Houston Chronicle contains articles headlined "Chief Justice Rehnquist dies; The 80-year-old succumbs to cancer at his Virginia home" and "Bush has unique chance to mold high court; Will chief justice choice be low-key or a 'red-meat' conservative?"

The Washington Times reports that "Rehnquist dies at 80."

The Denver Post reports that "Death gives Bush chance to alter court."

The New York Daily News contains articles headlined "Rehnquist, 80, dies of cancer" and "Bush gets to fill 2nd Supreme seat."

The Fort Worth Star-Telegram reports that "Texans discussed as possible nominees."

The Salt Lake Tribune reports that "Rehnquist brilliant, warm, former clerks from Utah recall."

The Rochester (N.Y.) Democrat and Chronicle contains an article headlined "Former intern: Rehnquist always put country first."

Reuters offers articles headlined "Chief Justice Rehnquist dead at 80"; "Rehnquist led conservatives on US Supreme Court"; and "Rehnquist death gives Bush chance to shape court."

And the Media General News Service offers this obituary.
Posted at 07:40 AM by Howard Bashman




"William H. Rehnquist, Chief Justice of Supreme Court, Is Dead at 80": In the late edition of The New York Times today, Linda Greenhouse will have this article.
Posted at 01:34 AM by Howard Bashman



"Chief Justice Rehnquist Dies at Home": David G. Savage of The Los Angeles Times will have this obituary in Sunday's edition of that newspaper.
Posted at 01:30 AM by Howard Bashman



Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Chief Justice Rehnquist dies" and "Uncertainty, but no turmoil, at the Court."
Posted at 01:28 AM by Howard Bashman



"Chief Justice Roberts?" Law Professor Rick Hasen offers these thoughts at his "Election Law" blog. Because the retirement of Justice Sandra Day O'Connor, by its own terms, doesn't become effective until a replacement for her is confirmed, Rick's scenario should not be dismissed as implausible.
Posted at 01:22 AM by Howard Bashman



"Old Memo From Roberts the Young Lawyer Shows a Caustic Side": Neil A. Lewis has this article today in The New York Times.
Posted at 12:44 AM by Howard Bashman



"William H. Rehnquist Dies at 80; Led Conservative Revolution on Supreme Court": Linda Greenhouse of The New York Times has written this lengthy obituary.

Charles Lane of The Washington Post has an obituary headlined "Chief Justice William H. Rehnquist Dies." The Washington Post also provides this timeline of Chief Justice Rehnquist's life and this list of key decisions.

Bill Mears of CNN's Washington Bureau reports that "Conservatism, judicial restraint mark Rehnquist legacy."

And The Associated Press offers items headlined "Bush Expresses Sadness at Rehnquist Death"; "Rehnquist Was Warm and Jovial Off Bench"; and "Rehnquist Statement by Court Spokeswoman."
Posted at 12:34 AM by Howard Bashman



Saturday, September 03, 2005


In Sunday's edition of The Washington Post: Tomorrow's newspaper will contain articles headlined "Midwestern Scholar With a Steady Conservative Bent; Roberts's Worldview Seemed Set at Early Stage, Friends Recall" and "Red-State Democrats Tilt to Yes on Roberts."
Posted at 11:42 PM by Howard Bashman



"Chief Justice Rehnquist Dies at His Home": Gina Holland of The Associated Press provides this updated report.

And CNN.com reports that "Chief Justice Rehnquist has died."
Posted at 11:32 PM by Howard Bashman




BREAKING NEWS -- Chief Justice William H. Rehnquist has died: The Associated Press reports here that "Chief Justice William H. Rehnquist died Saturday evening at his home in suburban Virginia, said Supreme Court spokeswoman Kathy Arberg." He died at the age of 80.

The Chief Justice was diagnosed with thyroid cancer in October 2004. I collected news coverage of that announcement in this post and in many posts preceding it. In mid-July 2005, Chief Justice Rehnquist made an announcement intended to squelch speculation that his retirement from the Court was imminent. I collected news coverage of that announcement here and here.

The confirmation hearing for John G. Roberts, Jr., nominated to replace Justice Sandra Day O'Connor, is scheduled to begin Tuesday. It is too soon to know whether the confirmation hearing for Judge Roberts, a former Rehnquist clerk, will be postponed. This does, however, eliminate the possibility that Justice Roberts would become the first U.S. Supreme Court Justice to serve on the Court at the same time as the Justice for whom he clerked.

The Chief Justice's death tonight all but assures that the Court will begin its October 2005 Term without its full complement of nine Justices. Until a new Chief Justice begins work, Justice John Paul Stevens will lead the Court as the senior Associate Justice.
Posted at 11:09 PM by Howard Bashman




"Next abortion case on the way": At "SCOTUSblog," Lyle Denniston provides a report that begins, "The deeply controversial issue of the power of government to impose a flat ban on an abortion procedure has moved several procedural steps closer to the Supreme Court -- in cases from Nebraska and Virginia."
Posted at 08:40 PM by Howard Bashman



"Roberts showdown: Tough grilling not likely to upset Bush's pick for high court." Marcia Coyle will have this article in the September 5, 2005 issue of The National Law Journal.
Posted at 08:33 PM by Howard Bashman



In the September 12, 2005 issue of U.S. News & World Report: The magazine will contain articles headlined "All About A Guy Named John; He's brilliant, likable, a lawyer's lawyer; Why Judge Roberts is in for the grilling of his life"; "A supreme history of conflict; Battling over nominees to the high court is a rich and storied tradition"; and "Arlen Specter: Irritating Them All."
Posted at 07:40 PM by Howard Bashman



"New Justice on Court Is More Than Just One Vote": Linda Greenhouse will have this article Sunday in The New York Times.
Posted at 07:33 PM by Howard Bashman



"Roberts Appears Headed for High Court": The Associated Press provides this report.

And Denise Howell notes here that you can follow next week's confirmation hearing via podcast.
Posted at 04:44 PM by Howard Bashman




"Roberts Rx: Speak Up, but Shut Up." This article will appear tomorrow in the Week in Review section of The New York Times.
Posted at 02:02 PM by Howard Bashman



"Sexual motives not necessary for sex harassment": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Sexual harassment doesn't have to be motivated by sex -- or even by sexism -- to be illegal, as long as the harasser abuses one sex more than another, a federal appeals court ruled Friday."

And law.com provides a report headlined "9th Circuit: Sexual Content Not Needed for Harassment."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:30 PM by Howard Bashman




"Roberts Hearings to Dwell on Precedents": This segment (RealPlayer required) featuring Law Professor Jeffrey Rosen appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 11:20 AM by Howard Bashman



"Roberts Set Out Doubts On Genocide Treaty; As Reagan Aide, He Advised President to Sign It": This article appears today in The Washington Post.

The New York Times reports today that "Parties Provide Lists of Witnesses for Roberts Hearings."

law.com's Tony Mauro reports on "Roberts' Mystery Years in the Office of the Solicitor General."

And The Associated Press offers a report headlined "Roberts: From High-Court Clerk to Colleague."

In commentary, The Journal News of Westchester, New York contains an editorial entitled "Being Judge Roberts."

The Kennebec (Me.) Journal contains an editorial entitled "Facing the public."

In The New York Times, Andrew Cohen has an op-ed entitled "John Roberts, by the Numbers."

In The San Bernardino County Sun, Edgar C. Keller has an op-ed entitled "Robert's response to inappropriate questions will be gauge of integrity."

In The Miami Herald, Rev. Barry W. Lynn has an op-ed entitled "Beliefs vs. the Constitution." And Jay Sekulow has an op-ed entitled "Religion not a litmus test."

Finally for now, in The Arkansas Democrat-Gazette, Tony Snow has an op-ed entitled "Here come da judge's critics."
Posted at 09:15 AM by Howard Bashman




"Judge rules city can't transfer Mount Soledad cross; Constitutionality of initiative passed by voters questioned" The San Diego Union-Tribune today contains an article that begins, "A Superior Court judge issued a temporary restraining order yesterday barring the city from transferring the Mount Soledad cross to the federal government under the deal voters overwhelmingly approved in San Diego's July special election." The newspaper has posted online at this link a copy of the court's ruling.
Posted at 09:08 AM by Howard Bashman



"Hearing denied on abortion procedure; Federal appeals court declines to rehear case on Virginia's law": This article appears today in The Richmond Times-Dispatch.

And The Associated Press reports that "Court Won't Rehear Va. Abortion Ban Case."

My earlier coverage is here.
Posted at 09:05 AM by Howard Bashman



Friday, September 02, 2005


The Clerk's Office of the U.S. Court of Appeals for the Fifth Circuit is relocating to Houston, Texas effective September 14, 2005: An updated announcement can be accessed here. Among other things, the update advises that "All filing deadlines on or after August 24th through September 30th are automatically extended until October 3, 2005, and may be further extended."
Posted at 10:15 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Tenth Circuit: When does a criminal defendant's prior conviction for possessing a sawed-off shotgun not qualify as a "firearms offense" within the meaning of the federal Sentencing Guidelines? Circuit Judge Michael W. McConnell provides the answer in an opinion you can access here.

And after the Salem City (Utah) Police Department received a hang-up call to 911 and then insisted on visiting the home of the female caller who claimed that her marital dispute had ended, an armed standoff developed when the husband barricaded himself inside the bedroom with lots of guns and ammunition. After the police shot the husband, he and his wife initiated a federal civil rights claim. Its resolution can be found in this opinion issued today.
Posted at 09:10 PM by Howard Bashman




"Roberts to face spirited hearing in Senate": James Kuhnhenn of Knight Ridder Newspapers provides this report.

Reuters reports that "Civil rights pioneer to testify at Roberts' hearing."

MarketWatch provides a report headlined "No appeal in Roberts' portfolio; Supreme Court nominee isn't a well-diversified investor."

In The Village Voice, Nat Hentoff has an essay entitled "The Real John Roberts: Justice O'Connor ruled Bush can't get 'a blank check' but her successor will give him one."

At National Review Online, Ronald A. Cass has an essay entitled "Subject to Durbin’s Interpretation: The Constitution, a senator, and the wrong questions."

Finally, People For the American Way today issued a press release entitled "PFAW Releases Final Pre-Hearing Report on Roberts; Report's more than 100 pages of detailed analysis of Supreme Court nominee's record lead to the inescapable conclusion that he should not be confirmed." You can view the report at this link.
Posted at 08:45 PM by Howard Bashman




"Supreme Jerk": That's the title of Brian Morton's "Political Animal" column in the current issue of the Baltimore City Paper.
Posted at 04:44 PM by Howard Bashman



"Sex, lawyers, secrets at heart of sealed legal case": In June 2004, I first linked here to this article published then in The San Antonio Express-News. Yesterday, that newspaper provided further coverage of the matter in an article headlined "Pair facing extortion indictment."
Posted at 04:40 PM by Howard Bashman



"Court KOs Online Game Bypass Program": The Associated Press provides this report on yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit. I first noted the ruling here.

In other coverage, Declan McCullagh of c|net News.Com reports that "Blizzard wins lawsuit on video game hacking." Corante's "Copyfight" blog offers a post titled "Courts on DMCA: You Can Repair Products, But You Can't Improve Them." And Slashdot has a discussion thread titled "Blizzard/Vivendi 2, bnetd 0."
Posted at 04:20 PM by Howard Bashman




"160 law professors urge U.S. Senate to reject Roberts; Say his confirmation threatens civil rights": Earlier today, I linked here to this article that Michael McGough has today in The Pittsburgh Post-Gazette. The law professors' letter can be viewed at this link.
Posted at 04:11 PM by Howard Bashman



The sound of one french fry clapping: C-SPAN has posted online the audio of the U.S. Court of Appeals for the D.C. Circuit's oral argument in Hedgepeth v. Washington Metropolitan Area Transit Authority, and you can access it by clicking here (RealPlayer required). The D.C. Circuit's ruling on the case can be accessed here, and my earlier coverage of that decision is here.
Posted at 04:00 PM by Howard Bashman



U.S. Court of Appeals for the Fourth Circuit denies rehearing en banc of divided three-judge panel's decision holding unconstitutional Virginia's law banning "partial birth" abortion: Today's order, denying rehearing en banc by a vote of 9-3, can be accessed here. The three-judge panel's earlier ruling in the case, which remains binding law within the Fourth Circuit, can be accessed at this link, and my coverage of that ruling is here and here.

Four separate opinions accompany today's order, including an opinion by Circuit Judge J. Harvie Wilkinson III concurring in the denial of rehearing en banc that begins, "Whatever one's views on the various issues surrounding abortion, ending the life of an infant at the moment of its birth is a uniquely disturbing act."
Posted at 03:10 PM by Howard Bashman




"Humble Fie: Why does John Roberts hate courts so much?" Dahlia Lithwick has this essay online at Slate.

And Bruce Reed's "The Has-Been" offers a post titled "To Roberts or Not to Roberts: That is the off-the-wall question."
Posted at 03:02 PM by Howard Bashman




"Federal Courts Closed by Hurricane Katrina": The Administrative Office of the U.S. Courts issued this press release yesterday. The text of proposed emergency legislation to allow the U.S. District and Bankruptcy Courts for the Eastern District of Louisiana to operate in another judicial district can be viewed at this link.
Posted at 11:05 AM by Howard Bashman



"Hurricane Katrina Recovery Drive; The Justice Center, New Orleans; Not-For-Profit, Indigent Defenders": As "TalkLeft" noted here yesterday, this organization has issued a call for help.

Also, please join me in recognizing the exceptional efforts of Law Professor Eric Muller in setting up and operating blogs to serve as information clearinghouses for the Tulane Law School community and the Loyola-New Orleans Law School community.
Posted at 11:00 AM by Howard Bashman




"Do as I Say, Not as I Do: Noah Feldman's puzzling compromise between religion and secularism." Today in The Wall Street Journal, Steven I. Weiss has an op-ed (free access) that begins, "If Roy Moore is to be allowed to place a 3,200-pound granite monument in front of a courthouse, why shouldn't Orthodox Jews be allowed to stick some small strips of plastic on telephone poles?"
Posted at 10:15 AM by Howard Bashman



"No Justice in That: A liberal group bends the truth about John Roberts." Roger Clegg has this essay today at National Review Online.
Posted at 10:05 AM by Howard Bashman



In news from Kansas: The Wichita Eagle reports today that "Abortion foes, backers gear up for court battle."

The Topeka Capital-Journal reports today that "Sides trade charges over abortion records."

And The Kansas City Star reports today that "Abortion records case nears court."
Posted at 07:30 AM by Howard Bashman




"160 law professors urge U.S. Senate to reject Roberts; Say his confirmation threatens civil rights": Michael McGough has this article today in The Pittsburgh Post-Gazette.

The New York Times reports today that "Anxious Liberal Groups Try to Rally Opposition Against Supreme Court Nominee."

In USA Today, Joan Biskupic has an article headlined "Roberts' record vs. O'Connor's on major questions." And Richard Willing has an article headlined "Ready for anything, Roberts rose to the top; Meticulous preparation, not self-promotion, made the future Supreme Court nominee stand out, those who know him say; Now he's in for his biggest test yet: Confirmation."

The New York Sun reports that "Schumer Readies a Tough Grilling of Judge Roberts."

The Washington Post contains articles headlined "Specter Likely to Be The Lightning Rod; Senator Has an Agenda for Judicial Hearing" and "Mouths Wide Shut: Presidential Nominees Let Their Records Speak for Themselves."

And The Washington Times reports that "Roberts made his mark quietly, early at Harvard."

In commentary, The St. Petersburg Times contains an editorial entitled "Imbalance of power: As a federal appellate judge and associate White House counsel, John Roberts has indicated that he has an expansive view of presidential authority."

In The Los Angeles Times, Crispin Sartwell has an op-ed entitled "The subtext of the Roberts nomination: Hearings on the Supreme Court candidate should bring into focus the blurry nature of interpreting words."

In The Washington Times, Gary L. McDowell has an op-ed entitled "The Specter of extortion."

In The Seattle Post-Intelligencer, columnist Joel Connelly has an op-ed entitled "Roberts' words on privacy raise chills."

And FindLaw commentator Vikram David Amar has an essay entitled "Getting Down to Cases: Part Three in a Series on the Kind of Case-Specific Questions the Senate Should Ask John Roberts."
Posted at 07:10 AM by Howard Bashman



Thursday, September 01, 2005


"Supporters of OHA decry latest court ruling": The Honolulu Star-Bulletin today contains an article that begins, "Programs that help native Hawaiians will face more attacks, advocates said after yesterday's federal appeals court ruling that allows a group of Hawaii taxpayers to challenge state funding of the Office of Hawaiian Affairs as discriminatory." My earlier related posts are here and here.
Posted at 10:04 PM by Howard Bashman



"Lawyers Join Chorus Opposed To Roberts": Friday's edition of The Washington Post will contain this article.

Stephen Henderson of Knight Ridder Newspapers offers a "Guide to legal terms in Supreme Court hearings."

And Thomas Ferraro of Reuters reports that "Details set for US high court confirmation hearing."
Posted at 09:10 PM by Howard Bashman




"Kudos, so far, for helmsman of Roberts hearings; Hope runs high that, under Sen. Arlen Specter, next week's proceedings on high court nominee will be fair": This article will appear Friday in The Christian Science Monitor.
Posted at 08:44 PM by Howard Bashman



"GOP Senators Issue Roberts Witness List": Jesse J. Holland of The Associated Press provides this report.
Posted at 06:20 PM by Howard Bashman



"A guide to confirmation hearings on court nominee Roberts": The Scripps Howard News Service provides this report.

And The September 19, 2005 issue of The Nation will contain an editorial entitled "Roberts, Without Illusions."
Posted at 06:12 PM by Howard Bashman




"Justice Scalia vs. the moralists": This editorial appears today in The Orange County Register.
Posted at 06:11 PM by Howard Bashman



The web site of the U.S. Court of Appeals for the Fifth Circuit is working again: You can access it here. And the site even features alternate addresses where those who hope to serve as law clerks to U.S. Circuit Judges who have their home chambers in New Orleans can send clerkship applications.
Posted at 05:10 PM by Howard Bashman



"New bankruptcy law a problem for Katrina victims": Reuters provides this report.
Posted at 03:22 PM by Howard Bashman



"Legislation Needed for New Orleans Courts": The Associated Press provides a report that begins, "Congress must pass emergency legislation when it returns after Labor Day so that the federal court system in New Orleans can move to a new location, a spokesman for the federal judiciary said Thursday." Just one more reason to postpone next week's confirmation hearing for U.S. Supreme Court nominee John G. Roberts, Jr.
Posted at 03:14 PM by Howard Bashman



"Schumer: Roberts Should Come Prepared." Jesse J. Holland of The Associated Press provides this report.
Posted at 02:55 PM by Howard Bashman



Available online from C-SPAN: By clicking here, you can watch this morning's address entitled "Senator Chuck Schumer (D-NY) on the 'Ginsburg Precedent.'" U.S. Senator John Cornyn (R-TX) offers this written rebuttal.

Also available online: "The Hudson Inst. on the Judicial Nomination Process" (details of this morning's event here); "American Constitution Society Panel on John Roberts Nomination"; "Sen. Patrick Leahy (D-VT), Judiciary Cmte. Ranking Member, on Judge Roberts"; and "Alliance for Justice on Judge John Roberts."

RealPlayer is required to launch these video files.
Posted at 02:14 PM by Howard Bashman




"The Property Rights Test": Edwin Meese III had this op-ed (free access) yesterday in The Wall Street Journal.
Posted at 11:54 AM by Howard Bashman



"Librarians Resist Act's Secrecy; State Case Pits Free Speech Arguments Against Patriot Act Provisions For Fighting Terrorism": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 11:52 AM by Howard Bashman



Eighth Circuit issues Digital Millennium Copyright Act ruling in Blizzard v. BnetD: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. The Electronic Frontier Foundation offers a great deal of background about the case via this link.
Posted at 11:33 AM by Howard Bashman



"John Roberts and the Third Amendment: Another Liberal Nightmare." The Center for Individual Freedom has posted online this analysis, which among other things raises the question whether it's kosher to attribute a quote to a First Amendment professor in a parody.
Posted at 10:40 AM by Howard Bashman



"Officials at the 5th U.S. Circuit Court of Appeals are making plans to relocate the court," which has its headquarters in New Orleans: So reports law.com in this article posted online today.

Before Hurricane Katrina, has any U.S. Court of Appeals relocated its headquarters, because of inaccessibility, away from the city in which the court had been based? Readers who wish to offer their insights in response to this question are invited to do so via email. And hurricane relief donation information is available via this earlier post.
Posted at 10:15 AM by Howard Bashman




"Al-Arian's judge refuses to declare a mistrial; But problems in the case remain, with a claim that the jury was tainted by one juror's improper statements": The St. Petersburg Times contains this article today.
Posted at 09:52 AM by Howard Bashman



"Court OKs challenge to taxpayer funding of OHA": This article appears today in The Honolulu Advertiser, along with an article headlined "OHA set up to help meet obligations to Hawaiians."

Although the text of today's edition of The Honolulu Star-Bulletin is not yet online, yesterday that newspaper posted an update headlined "Appeals court lets group challenge state funding of OHA."
Posted at 09:40 AM by Howard Bashman




"Final approval given to adding Marshall name to BWI; Public works board backs change; Schaefer objects": The Baltimore Sun today contains an article that begins, "Over the objection of Comptroller William Donald Schaefer, the state Board of Public Works gave final approval yesterday to a proposal to rename Maryland's largest airport for Thurgood Marshall, the first African-American appointed to the U.S. Supreme Court."

And The Washington Post reports today that "BWI to Add Marshall, Over Schaefer's Objection; Renaming Honors Late Justice From Baltimore."
Posted at 09:35 AM by Howard Bashman




"Studying John Roberts: It's a Catholic temperament." Dennis Coyle has this essay today at National Review Online.
Posted at 09:28 AM by Howard Bashman



Available online from law.com: An article reports that "Katrina Shutters 5th Circuit Courthouse; But judges in New Orleans, Houston are still handling emergency matters."

In other news, "Federal Judge Breyer Runs Up Against Brother's Supreme Court Ruling."

And Shannon P. Duffy has an article headlined "Confidentiality Order May Not Be Added to Settlement" reporting on this recent ruling of the U.S. Court of Appeals for the Third Circuit.
Posted at 07:44 AM by Howard Bashman




"The Cordial Nominee Once Had Choice Words for Lawmakers": The Washington Post contains this article today.

The Baltimore Sun reports today that "NAACP legal fund attacks Roberts as civil rights opponent; Report comes as groups join to oppose nominee."

The Washington Times reports that "Roberts criticized award to lawmaker in '83."

And USA Today reports that "Bipartisan intro set for Roberts hearings."

In commentary, today in The Los Angeles Times, columnist Andres Martinez has an op-ed entitled "Roberts to overturn Roe? Don't bet on it; The Supreme Court nominee appears to prefer stability over activism -- which could disappoint conservatives."

In The Washington Post, columnist George F. Will has an op-ed entitled "The Uses of 'Activism.'"

In The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "Roberts: The future of privacy."

In The Washington Times, Paul Greenberg has an op-ed entitled "When the critics grow desperate."

In The Dallas Morning News, Carl P. Leubsdorf has an essay entitled "Supreme dilemma: Will Democrats support Roberts or side with the liberal core?"

And in The Boston Phoenix, Harvey A. Silverglate has an essay entitled "Passing judgment: The scramble to pigeonhole Supreme Court nominee John Roberts misses the point."
Posted at 07:30 AM by Howard Bashman




"Tax Court findings secretly changed in at least 5 cases": This article appears today in The Chicago Tribune.
Posted at 07:15 AM by Howard Bashman



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