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Monday, October 03, 2005 "Susan Lucci in Judicial Robes: A brief history of Edith Jones, eternal Supreme Court also-ran." Timothy Noah has this chatterbox essay online at Slate. Posted at 11:55 PM by Howard Bashman "A Ceremonial Start to the Session as the Supreme Court Welcomes a New Chief Justice": Linda Greenhouse will have this article Tuesday in The New York Times. And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment featuring Jan Crawford Greenburg entitled "John Roberts' first day" (transcript with link to audio). "Bush Names Counsel as Choice for Supreme Court": This article will appear Tuesday in The New York Times. The newspaper will also contain articles headlined "Miers Known as a Hard-Working Advocate for the President"; "Conservatives Are Wary Over President's Selection"; "Miers Was Leader in Effort Within Bar to Rescind Support for Abortion"; "Mixed Review of Bush Pick in Oversight of Gambling"; "Some Liberals and Conservatives Find Themselves in Awkward Spots"; and "If Approved, a First-Time Judge, Yes, but Hardly the First in Court's History," along with a news analysis headlined "When a President Is Not Spoiling for a Fight." The Washington Post on Tuesday will report that "White House Counsel Miers Chosen for Court; Longtime Aide To Bush, but Never a Judge." The newspaper will also contain articles headlined "A Deep Dedication to the President and Her Work"; "Once More, President Turns to Inner Circle"; and "Conservative Republicans Divided Over Nominee," along with a news analysis headlined "A Bid for Confirmation, Rather Than Convictions." The Los Angeles Times on Tuesday will contain articles headlined "Miers Comes From Deep Within Bush Inner Circle"; "Many Conservatives Aren't Happy About Miers' Selection"; and "Nomination Is Met With Charges of Cronyism." Stephen Henderson of Knight Ridder Newspapers reports that "After oath, Roberts takes the helm as Supreme Court begins term" and "Miers' experience, education would set her apart from other justices." The KR Washington Bureau also reports that "Bush taps Miers for high court, drawing complaints from both sides"; "Miers described as a smart, pragmatic consensus builder"; and "Conservatives decry nomination, saying Miers' views are unknown." The Dallas Morning News on Tuesday will report that "Dallas native picked for high court seat; White House counsel Miers hasn't served as a judge." Allen Pusey will have an article headlined "Nominee known for not being known for her views." And the newspaper will also contain articles headlined "Aide: Miers opposed abortion in '89; High court nominee's view publicly unknown; both sides concerned"; "Loyalty, low-key style helped Miers"; and "Miers recalled as a tough leader at Lottery Commission; Backers call her an enforcer; foes say she was more of a politician." And a profile that the newspaper originally published on July 28, 1991 is headlined "Reflections of a lawyer-politician," and it begins, "Depending on who is talking, there seem to be three women named Harriet Miers in Dallas." Jan Crawford Greenburg of The Chicago Tribune will report on Tuesday that "Bush chooses longtime adviser to fill O'Connor's seat on high court." Newsday on Tuesday will contain an article headlined "Judicial 'roll of the dice.'" The Hill on Tuesday will contain articles headlined "Bruising battle less likely" and "Soothing the seething right wing." The New York Blade reports that "Miers opposed legislative repeal of Texas sodomy law; Supreme Court nominee disclosed views in 1989 gay questionnaire." BBC News reports that "Court pick is unknown quantity." Tuesday's edition of Financial Times contains articles headlined "Bush turns to White House aide for vacant court seat"; "Nominee without a past has experts wondering"; and "Conservatives angry over Supreme Court choice." The Telegraph (UK) reports that "Bush nomination for swing vote with Supreme Court infuriates supporters." And The Guardian (UK) reports that "Bush offers crucial supreme court seat to his former lawyer; Surprise nominee has no experience as a judge; Position holds balance of political power." "Court considers Kansas fuel tax case": The Associated Press provides a report that begins, "The Supreme Court on Monday heard arguments in a Kansas case involving the power of states to tax fuel sold on Indian reservations, a source of increasing conflict as more retailers thrive on tribal lands." Earlier, Indian Country Today published an essay entitled "Tribal sovereignty and the fuel tax case in the U.S. Supreme Court" written by an attorney for the Prairie Band Potawatomi Nation. "Court tackles selection of juries; African-Americans underrepresented": This article appears today in The Boston Globe. Posted at 11:00 PM by Howard Bashman "Supreme Court Justices Without Prior Judicial Experience Before Becoming Justices": FindLaw has compiled this list and wants you to identify any errors or omissions (which you can email to me, and I'll pass them on to the chart's creators). Posted at 10:54 PM by Howard Bashman The New York Times is reporting: Tuesday's newspaper will contain an article headlined "Freed Reporter Says She Upheld Principles." And today's newspaper contains an article headlined "By Tearing Open That Cardboard Box, Are You Also Signing on the Dotted Line?" "High court's early task: assisted suicide case." Howard Mintz has this article today in The San Jose Mercury News. And The Salem (Ore.) Statesman Journal today contains articles headlined "Privacy issue is central to Oregon's assisted-suicide law but is not defined in U.S. Constitution; U.S. Supreme Court has identified 'zones of privacy' in rulings"; "Both sides use Oregon's statistics to support assisted-suicide arguments"; and "Oregon lawyers recall Supreme Court experience; Pair argued separate sides of Tigard case in Washington in '94." The Associated Press is reporting: Gina Holland reports that "High Court Input Eyed in Patriot Act Case." And in other news, "Miers Backed Gay Civil Rights." "Blawg Review #26": Available online here, at "Inter Alia." Posted at 10:32 PM by Howard Bashman Tenth Circuit rejects latest Salt Lake City Main Street Plaza free speech challenge in case involving public property sold to Church of Jesus Christ of Latter-Day Saints: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. Posted at 08:38 PM by Howard Bashman "Chief Justice Formally Takes Seat; Roberts's Style Recalls Late Mentor Rehnquist": Charles Lane will have this article Tuesday in The Washington Post. Posted at 08:33 PM by Howard Bashman On the radio: Today's broadcast of the public radio program "On Point" contained a segment entitled "Justice Harriet Miers?" Today's broadcast of the public radio program "Here and Now" contained a segment entitled "Who is Harriet Miers?" And from Minnesota Public Radio, "Bush names a confidant to the High Court" and "A new nominee and a potential case." RealPlayer is required to launch these audio segments. "Miers nominated to bench": U.S. News & World Report provides this online update. And Time magazine's web site offers reports headlined "Bush's Supreme Court Pick: Is She Right Enough? Harriet Miers is in the President's comfort zone and may disarm the left; But it's the right that's uncomfortable"; "What Bush Had in Mind by Choosing Miers: The President was thinking of diversity, real-world experience and a close working relationship"; and "Harriet Miers: Profile of a Tireless Competitor; A longtime friend on the Texas supreme court tells about the rise of Bush's new Supreme Court nominee." The Associated Press is reporting: Gina Holland reports that "High Court Makes Transition; Miers Tapped." In related coverage, "Bush Gambles on Miers" and "Miers Rejected Blaming System for Attacks." And in other news, an article headlined "Antitrust Suit Vs. Baby Bells to Proceed" reports on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Bush Nominates Harriet Miers for High Court"; "Capitol Hill Reacts to Miers Nomination"; "Miers Considered a 'Bridge-Builder' in Texas"; "Conversative Miers' Political, Legal Career" (featuring Nina Totenberg); and "Legal Scholars Analyze Miers Nomination." Today's broadcast of "Talk of the Nation" contained segments entitled "Weighing the Miers Supreme Court Nomination" (featuring David G. Savage) and "High Court Takes Up Physician-Assisted Suicide." Today's broadcast of "Day to Day" contained segments entitled "Chief Justice John Roberts' First Day on the Job" (featuring Dahlia Lithwick); "White House Counsel Tapped for O'Connor Vacancy"; "Slate's Jurisprudence: Harriet Miers Nomination" (featuring Emily Bazelon); "Conservative Reaction to Miers Pick"; and "Assessing the Miers Nomination." Finally, today's broadcast of "Morning Edition" contained too many Court-related segments for me to list right now, but you can access them all via this link. RealPlayer is required to launch these audio segments. A day like today explains why Slate has two people covering the U.S. Supreme Court: Emily Bazelon has a jurisprudence essay entitled "Let-Down Lady: Harriet Miers isn't just no John Roberts; She's no Sandra Day O'Connor." And Dahlia Lithwick has a Supreme Court dispatch entitled "The New Kid: John Roberts' first day at school." Available online from The Weekly Standard: William Kristol has an essay entitled "Disappointed, Depressed and Demoralized: A reaction to the Harriet Miers nomination." And Fred Barnes has an essay entitled "The Nominee You Know: Bush wanted to be sure that his pick would be conservative now and 20 years from now." "Ninth Circuit to Increase Size of En Banc Courts": The U.S. Court of Appeals for the Ninth Circuit issued this news release on Saturday. I first mentioned this news here. The news release states: Commenting on the change, Chief Judge Schroeder said that her court has been pleased with the operation of the 11-judge en banc court, but this action "is intended to respond to criticism that we should have a majority of our active judges sit on each en banc."Some readers may recall, however, that the Judicial Conference of the United States recently recommended that the Ninth Circuit grow by an additional seven authorized active judgeships. Thus, the current solution may be short-lived unless the Ninth Circuit is willing to go to eighteen-judge en banc panels. Posted at 05:50 PM by Howard Bashman "The internet is not a safe haven for illicit conduct. Rather, it is a digital community where the zeros and ones that translate into visible and audible expressions have legal consequences." So writes the majority of a three-judge Second Circuit panel in denying panel rehearing today in the case known as United States v. Martin. My earlier coverage of the three-judge panel's original divided ruling in this very interesting child pornography e-group probable cause case can be accessed here. Posted at 05:45 PM by Howard Bashman "Harriet Who?" Manuel Medrano has this post at the ABC News blog "Order in the Court." Posted at 05:38 PM by Howard Bashman "Miers 2006: Does the president's second Supreme Court pick hurt Republicans?" Wynton C. Hall has this essay at National Review Online. Posted at 05:32 PM by Howard Bashman "Harriet Miers's Blog!!!" Um, probably not, but some may find it amusing nonetheless. Posted at 05:28 PM by Howard Bashman "Court puts off Hamdan appeal": At "SCOTUSblog," Lyle Denniston has a post that begins: The Supreme Court opened its new Term Monday, acting on nearly 2,000 new cases, but it chose -- for the time being -- to take no action on the most important case on the list. That was the appeal of Salim Ahmed Hamdan in what may be the most significant test yet of the Justices' willingness to weigh the constitutionality of President Bush's actions toward war on terrorism suspects. Hamdan has mounted a broad-based challenge to the war crimes tribunals that the President has set up (Hamdan v. Rumsfeld, 05-184).In that connection, a reader emails: The Presiding Officer of the military commissions just released an order that says "Under commission law, confrontation of persons offering information to be considered by the Commission is not mandatory." As you may know, the right to confrontation is a key element of Hamdan's challenge to the military commissions, and the Solicitor General's Brief opposing cert suggested that this right would be preserved. Evidently the military commission feels otherwise.You can access the order in question at this link. Posted at 05:22 PM by Howard Bashman In Tuesday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "Bush's unconventional choice; Harriet Miers, nominee to the high court, has never been a judge, so paper trail is short" and "Miers may avert a Senate storm; Democratic leader Harry Reid expresses confidence in her." In addition, Warren Richey will have an article headlined "High court lets stand 'no Bible' ruling; States disagree over role Holy Scriptures should play in jurors' deliberations." "Whither Roe v. Wade? In nominating Miers, Bush looks set to keep having it both ways on abortion." Melinda Henneberger has this essay online at Newsweek. Posted at 05:14 PM by Howard Bashman "Bush nominates Harriet Miers for Supreme Court": Knight Ridder Newspapers provide this report. Posted at 04:12 PM by Howard Bashman "Legal community overjoyed": The Dallas Morning News provides an update that begins, "Word that an esteemed Dallas lawyer and former councilwoman could become the next justice of the U.S. Supreme Court has stirred Texas pride among her many colleagues and friends." The Fort Worth Star-Telegram provides a news update headlined "Miers' blank slate prompts all sides to counsel patience." And The Houston Chronicle provides news updates headlined "President picks White House counsel for Supreme Court"; "During stint at Texas Lottery, Miers 'maybe ate nails'"; and "Miers would be only the 2nd Texan on high court." "The Miers Pick": National Review Online offers this editorial. Online at The New Republic, Akiba Covitz has an essay entitled "How Harriet Miers can avoid the Abe Fortas trap: And why the future of the Court would depend on it" (pass-through link). Online at The Nation, David Corn has a post titled "Harriet Miers: Supreme Court Choice with Few Footprints." And a new post at "Confirm Them" is titled "Harriet Myers -- A Profound Disappointment." "Down to the Last Detail: Bush's pick for White House counsel sports an exacting style." On December 15, 2004, law.com posted online this profile of White House Counsel Harriet Miers. Posted at 02:40 PM by Howard Bashman "The Girl Next Door: Harriet Miers used to pay my salary; Now Bush wants to put her on the Supreme Court." Bruce Reed has this post online at Slate's "The Has-Been." Posted at 02:30 PM by Howard Bashman The wire services are reporting: The Associated Press reports that "Roberts Is Businesslike His First Day" and "Miers Had Stormy Tenure at Texas Lottery." Anne Gearan reports that "Miers Led Bid to Revisit Abortion Stance." And Jesse J. Holland reports that "Hispanics Upset Bush Passed on Them." Reuters, meanwhile, offers reports headlined "Supreme Court enters the John Roberts era"; "Bush picks White House's Miers for court"; and "Bush pick for high court outrages conservatives." "Analyzing the pick of Miers: NBC Analyst Turley says nomination could ruffle Republicans, Democrats." MSNBC provides this report. Posted at 02:22 PM by Howard Bashman Reuters is reporting: James Vicini has reports headlined "Top court allows state to sample inmates' DNA" and "US top court rejects Boston Globe libel appeal." And in other news, "Top US court OKs Bible use death penalty rejection" and "US court denies white students' discrimination case." "Harriet Miers Is No John Roberts": CBS News legal analyst Andrew Cohen has this essay. Posted at 12:28 PM by Howard Bashman "This appeal primarily asks whether the Nebrasks State Patrol's removal of Va Lerie's checked luggage from the bus's lower luggage compartment to a room inside the bus terminal to seek Va Lerie's consent to search the luggage constituted a Fourth Amendment seizure." Today, a sharply divided en banc U.S. Court of Appeals for the Eighth Circuit, by a vote of 7-5, ruled that no seizure occurred. Some of the Eighth Circuit's more conservative jurists were among the dissenters. You can access today's en banc ruling at this link. Nearly one year ago, a divided three-judge Eighth Circuit panel issued this ruling in the case reaching the opposite result. My earlier coverage of the three-judge panel's ruling is here. Today's long list of cert. denieds: Gina Holland of The Associated Press reports that "Court Won't Block Suit Against Gun Makers" and "Supreme Court Won't Hear Newspaper Suit." Posted at 11:30 AM by Howard Bashman "Bush Names Miers to Replace O'Connor": law.com provides this news update. Posted at 11:29 AM by Howard Bashman "Utterly underwhelmed": Michelle Malkin has collected various reactions to today's U.S. Supreme Court nomination from mostly the conservative side of the blogosphere. Posted at 11:24 AM by Howard Bashman Today's U.S. Supreme Court Order List: You can access today's Order List (all 84 pages of it) at this link. Presumably the list would have been much shorter if the Court had found some way to avoid repeating over and over that "The Chief Justice took no part in the consideration or decision of these petitions." Posted at 11:20 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Miers Gave to GOP Candidates, Democrats" and "Miers Financial Forms Show Modest Holdings." Posted at 10:54 AM by Howard Bashman "Some conservatives not thrilled by Miers; Bush chooses ally for high court; some on the right fear 'stealth' nominee": Tom Curry, national affairs writer for MSNBC, provides this analysis. Posted at 10:28 AM by Howard Bashman "The burden of proof may be heavy": Lyle Denniston has this post online at "SCOTUSblog." Posted at 10:27 AM by Howard Bashman On the steps (and leaving the house): You can access photos of Chief Justice John G. Roberts, Jr. on the first Monday in October here, here, here, here, and here. Posted at 10:25 AM by Howard Bashman "Roberts wore a plain black robe, without the gold arm stripes that had been used by his predecessor, William H. Rehnquist": Gina Holland of The Associated Press reports that "Justice Roberts Takes Supreme Court Bench." Posted at 10:20 AM by Howard Bashman "Miers' trek: from council to counsel; Ex-Dallas city official now advises president on legal matters": This article appeared in the March 3, 2005 issue of The Dallas Morning News. Today, The Dallas Morning News provides an update headlined "Miers tapped for high court." The New York Times provides a news update headlined "Longtime Confidante of Bush Has Never Been a Judge." The Washington Post provides a news update headlined "Bush Names Harriet Miers to Supreme Court; White House Counsel Would Replace Retiring Sandra Day O'Connor." And The Los Angeles Times provides a news update headlined "Bush Nominates Harriet Miers for Supreme Court." "Bush Nominates Totally Random Person for Court": Joel Achenbach of The Washington Post offers these thoughts online at "Achenblog." Posted at 10:10 AM by Howard Bashman "High Court to Hear Dispute on Worker Pay; First Arguments Before New Chief Justice Will Be About Wages; Social Issues Will Follow": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Posted at 10:05 AM by Howard Bashman "President Nominates Harriet Miers as Supreme Court Justice": This transcript is available online via the White House web site. Posted at 09:10 AM by Howard Bashman "Bush Nominates Harriet Miers": Via C-SPAN, you can access here (RealPlayer required) video of this morning's announcement. As noted here at "Confirm Them," Law Professor Jonathan Turley on this morning's broadcast of the NBC News program "Today" described the nomination as "an amazingly bad choice." Progress for America has already launched the web site JusticeMiers.com in support of the nominee. And at "SCOTUSblog," Tom Goldstein offers "Some Initial Thoughts." His post concludes, "I have no view on whether she should be confirmed (it's simply too early to say), but will go out on a limb and predict that she will be rejected by the Senate. In my view, Justice O'Connor will still be sitting on the Court on January 1, 2006." The Associated Press is reporting: Now available online are articles headlined "Bush Chooses Miers for Supreme Court" and "Bush's Court Pick Tends to Avoid Limelight." In addition, Gina Holland reports that "Supreme Court Set to Begin New Term." "A Woman Of Low Profile In a Job High-Powered": This profile of U.S. Supreme Court nominee Harriet Miers originally appeared in The New York Times on November 20, 2004. Posted at 08:40 AM by Howard Bashman "Bush expected to nominate Harriet Miers to Supreme Court; Miers currently works as White House counsel": CNN.com provides this report. Posted at 07:30 AM by Howard Bashman "Quiet but Ambitious White House Counsel Makes Life of Law": On June 21, 2005, The Washington Post published this profile of White House Counsel Harriet Miers. Via the White House web site, you can access this brief bio of the nominee and the transcripts of three "Ask the White House" online chats (here, here, and here) in which Harriet Miers participated. "Bush Chooses Miers for Supreme Court": The Associated Press provides a report that begins, "President Bush has chosen Harriet Miers, White House counsel and a loyal member of the president's inner circle, to replace retiring Justice Sandra Day O'Connor on the Supreme Court, a senior administration official said Monday." Posted at 07:12 AM by Howard Bashman BREAKING NEWS -- "President Bush has chosen White House counsel Harriett Miers for Supreme Court, administration official says." The Associated Press provides this news alert. Posted at 07:07 AM by Howard Bashman BREAKING NEWS -- "Bush to name Supreme Court nominee Monday; Candidate would replace key swing voter O'Connor": CNN.com provides this report. And The Associated Press reports that "Bush to Announce Supreme Court Nominee." The announcement is scheduled for 8 a.m. eastern time today. "Will local governments keep Jesus out of prayers? Religion a motivator for challenges, expert says." This article appears today in The Herald of Rock Hill, South Carolina. Posted at 07:02 AM by Howard Bashman "JAG recruiters descend on Law School": The Stanford Daily contains this article today. And Washington Square News today contains an article headlined "Law keeps up fight against Solomon." "Author in the court: Justice Stephen Breyer's new book reflects his practical approach to the law." This article appears today in The Boston Globe. Posted at 06:58 AM by Howard Bashman "President considers 'lots of options' for O'Connor's replacement; Roberts opens term today after ceremony": USA Today contains this article today. Today in The Dallas Morning News, Allen Pusey has an article headlined "Pivotal times for high court; New chief, docket full of contentious cases await justices as term begins." The New York Daily News reports that "Prez, Roberts take in 'Red Mass.'" The Washington Times reports that "'Civility' called for at Red Mass." Bloomberg News reports that "Roberts Has Early Chance to Shift U.S. Court on Social Issues." And The Daily Nebraskan reports that "UNL professors speak out on Roberts' confirmation." In commentary, The Boston Globe today contains an editorial entitled "Roberts justice." Newsday contains an editorial entitled "High court in transition: Hot-button cases show why it matters so much who is confirmed as justice." USA Today contains an editorial entitled "Personal freedoms ride on O'Connor's replacement." The Arkansas Democrat-Gazette contains an editorial entitled "Oh, never mind: The Emily Litella Syndrome." And in The Daily Cardinal of the University of Wisconsin-Madison, Adam Schmidt has an op-ed entitled "Dark horse nominee Sykes embodies neccessary debate." "Little Notice, but a Lot of Emotion; Prop. 73, dealing with parental notification for girls under 18 seeking an abortion, divides voters who otherwise share common ground": This article appears today in The Los Angeles Times. Posted at 06:34 AM by Howard Bashman "The Second-String Supreme Court Shortlist: The judges the White House just started talking about." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 06:28 AM by Howard Bashman  
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