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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."  
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