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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." "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. "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." "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." "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. 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." 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. 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." "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). "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." 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?" "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. "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. "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. "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." "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. 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. "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. "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." "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." "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." 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. "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." "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). "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." 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." "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." "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." 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. "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." "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." "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?" 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. "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." "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." "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. 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." "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." "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." 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." "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?" 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." "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." "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 |