How Appealing

Monday, October 31, 2005


"President Picks Judge on Appeals Court for O'Connor's Seat": This article will appear Tuesday in The New York Times. Also in Tuesday's newspaper, a profile is headlined "After a Career of Quiet Focus, Alito Is Leaving the Background." Linda Greenhouse will report that "Abortion Case May Be Central in Confirmation." Adam Liptak and Jonathan D. Glater have an article headlined "Rulings That Are Lucid and Methodically Based." And in related coverage, "Potentially, the First Shot in All-Out Ideological War"; "2 Camps, Playing Down Nuances, Stake Out Firm Stands"; "Conservatives Scrambling to Prepare for a Tough Fight"; and "Alito Could Be 5th Catholic on Current Supreme Court." The newspaper will also contain an editorial entitled "Another Lost Opportunity," and Law Professor Ann Althouse will have an op-ed entitled "Separated at the Bench."

Tuesday in The Washington Post, meanwhile, Charles Lane will have a front page article headlined "Alito Leans Right Where O'Connor Swung Left." And in related coverage, "Alito Nomination Sets Stage for Ideological Battle; Bush's Court Pick Is Appeals Judge With Record of Conservative Rulings"; "As Democrats Lead Opposition, GOP Moderates May Control Vote"; and "With a Pick From the Right, Bush Looks to Rally GOP in Tough Times."
Posted at 11:45 PM by Howard Bashman




"Justices to Decide When Victims' Transcripts Can Be Used": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:33 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered," in addition to the segments I earlier noted here, also contained segments entitled "Republicans Praise Alito's Conservative Credentials"; "'Casey' Sheds Light on Alito's Stance on Abortion"; "Republican Sen. Hatch on Alito"; and "Democrat Sen. Kennedy on Alito."
Posted at 10:45 PM by Howard Bashman



"Assessing the Alito nomination": This debate (transcript with link to audio) between two law professors appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:40 PM by Howard Bashman



"A Scalia by any other name: Conservatives have their man in Samuel Alito; Liberals have their worst fears realized; The battle over the Supreme Court nominee is about to get ugly." Michael Scherer has this essay at Salon.com.
Posted at 10:38 PM by Howard Bashman



"Alito's rise took no one who knows him by surprise": This article will appear Tuesday in The Philadelphia Inquirer.

The Daily Princetonian provides a news update headlined "Alito '72 nominated for Supreme Court seat; Classmates describe judge as intelligent, reserved with dry sense of humor."

The Chicago Tribune on Tuesday will report that "Alito has a record of steady conservatism, reputation for civility."

The Dallas Morning News on Tuesday will report that "Alito's rulings show a consistently conservative point of view."

Tuesday's edition of The Milwaukee Journal Sentinel will report that "Battle lines are drawn on Alito nomination."

Tuesday's edition of The Hill will contain articles headlined "Dems hint at filibuster" and "Schedule may affect key cases."

And The Telegraph (UK) reports that "Bush second choice Alito delights Right-wing Republicans."
Posted at 10:24 PM by Howard Bashman




"Many of Alito's rulings have been at odds with Supreme Court": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 10:12 PM by Howard Bashman



"Specter goes to bat for high court nominee; Judiciary Committee chairman sends strong signals that he'll help Alito": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 10:08 PM by Howard Bashman



Available online from law.com: T.R. Goldman of Legal Times reports that "Judicial Experience, Conservative Credentials Seen as Factors in Alito Nomination."

Shannon P. Duffy of The Legal Intelligencer has an article headlined "Conservative, but No 'Scalito'; 3rd Circuit lawyers like home court nominee" in which I am quoted. The article also reports on an interview with former Third Circuit Judge Timothy K. Lewis, who is nearly on the opposite end of the ideological spectrum from Judge Alito but nonetheless strongly supports the nomination.

Gina Passarella of The Legal Intelligencer reports that "No Easy Path to Confirmation Seen for Alito; Pa. lawyers like nominee, but politics will force a major battle."

Tony Mauro has a lengthy and perhaps controversial article headlined "The Secrets of Jay Sekulow."

And in other news, "Court Finds 'Gripe Site' Is Protected Free Speech, Not Defamation."
Posted at 10:05 PM by Howard Bashman




"One liberal's positive view of Alito": At the blog "Blue Mass. Group," you can access here David Kravitz's recitation of his discussion today with Katherine (Kate) Pringle, a former law clerk to Third Circuit Judge Samuel A. Alito, Jr. Much of what Kate says is precisely what I have been saying to members of the press today.
Posted at 09:55 PM by Howard Bashman



"Judge Alito and Forced Abortions": Law Professor Roger P. Alford has this post online at "Opinio Juris."
Posted at 09:00 PM by Howard Bashman



"Jamie Olis appeals from a judgment of conviction for which he was sentenced to 292 months in prison for securities fraud, mail and wire fraud, and conspiracy." So begins today's ruling of the U.S. Court of Appeals for the Fifth Circuit in United States v. Olis. The opinion goes on to explain that "The charges arose from Olis's work as a tax lawyer and accountant at Dynegy Corporation ('Dynegy') on a transaction called 'Project Alpha.'"

Today the Fifth Circuit, in an opinion by Circuit Judge Edith H. Jones, ordered that Olis "must be resentenced in accordance with Booker's overall standard of reasonableness after the court 'considers' the guidelines including a recalculation of the amount of loss for which Olis should be held responsible."

Coincidentally, Law Professor Douglas A. Berman of the "Sentencing Law and Policy" blog and I were discussing this very case on Saturday while we were in Monterey, California.
Posted at 08:50 PM by Howard Bashman




"Opponents of Alito focus on abortion and religion": Patti Waldmeir will have this article Tuesday in Financial Times. The newspaper will also contain articles headlined "Conservative judge nominated to Supreme Court" and "Bush's Supreme Court choice sets scene for fight."

The St. Petersburg Times provides a news update headlined "Alito called a 'fair-minded judge'; Conservatives are warming up to Sam Alito, the president's new Supreme Court nominee."

The Chicago Tribune on Tuesday will report that "Alito nomination divides Congress."

The St. Louis Post-Dispatch on Tuesday will report that "Battle lines over Alito quickly and clearly drawn on Capitol Hill."

The Hill on Tuesday will report that "GOP candidates rally to Alito; Dems wait and see."

The Denver Post provides a news update headlined "Alito polarizes abortion partisans."

Tuesday's edition of The Independent (UK) reports that "Right-wingers welcome Bush's substitute judge."

The Times of London on Tuesday contains articles headlined "Bush sets stage for battle over his conservative court nominee" and "President makes the Right choice after all."

FOXNews.com reports that "Alito Nomination May Bring Long-Anticipated Judiciary Fight."

The Washington Post provides access to an item headlined "Transcript: Sen. Specter Discusses Alito Nomination."

Newsweek has posted online an item headlined "'A Pattern of Conservatism'; How Samuel Alito could tilt the balance in the Supreme Court."

And KELOLAND TV of Sioux Falls, South Dakota reports that "Appeals Judge Reacts To Alito Nomination."
Posted at 08:00 PM by Howard Bashman




"Supreme Court Nominee's Mother 'Proud'; Teachers, Friends Say Alito Is Very Smart": NBC10.com provides this report.

And in earlier coverage, The Associated Press reported that "Alito's mom overwhelmed by well-wishers, media."
Posted at 07:55 PM by Howard Bashman




"The Lesson Of Miers: Excellence Should Be Paramount." Stuart Taylor Jr. has this essay today in National Journal.
Posted at 07:40 PM by Howard Bashman



"A Fight the White House Believes It Can Win": The New York Times provides this news analysis update.
Posted at 07:35 PM by Howard Bashman



Eleventh Circuit grants rehearing en banc of three-judge panel decision granting new trial to convicted Cuban spies on account of pervasive community prejudice against Fidel Castro and the Cuban government: The original unanimous three-judge panel's ruling can be accessed here. Today's order granting rehearing en banc can be viewed at this link.
Posted at 06:50 PM by Howard Bashman



Knight Ridder Newspapers are reporting: Now available online are articles headlined "Bush nominates Samuel Alito for Supreme Court" and "Bush's pick will likely galvanize conservative and liberal bases."
Posted at 06:44 PM by Howard Bashman



"Major test for student newspapers": Lyle Denniston has this post online at "SCOTUSblog."
Posted at 06:40 PM by Howard Bashman



"Sens. Bill Frist (R-TN) & Mitch McConnell (R-KY) Meet with Supreme Ct. Nominee Samuel Alito ": Thanks to C-SPAN, you can view the video online by clicking here (RealPlayer required).
Posted at 06:25 PM by Howard Bashman



"Alito Nomination Ignites Costly Battle": The Los Angeles Times provides this news update.
Posted at 06:22 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contains segments entitled "Bush Chooses Federal Judge Alito for High Court" (featuring Nina Totenberg); "Alito Nomination Revives Filibuster Debate"; "What the U.S. Public Wants in a High Court Judge"; and "Two Takes on the Alito Nomination: Right and Left." RealPlayer is required to launch these audio segments. This evening's broadcast contained even more Alito-related segments, but the audio for those additional segments is not yet available online.
Posted at 05:25 PM by Howard Bashman



"Founders Designed Separation of Church and State to Protect Religion, McConnell Says": The web site of the University of Virginia School of Law provides a report that begins, "The nation's founders included the disestablishment clause of the First Amendment to protect and promote the church's inculcation of public virtue, rather than to protect the federal government from the influence of religion, said Judge Michael W. McConnell at the Oct. 27 Meador Lecture on Law and Religion."
Posted at 05:20 PM by Howard Bashman



"Bush Nominates Alito to Supreme Court": T.R. Goldman of Legal Times provides this news update.
Posted at 05:15 PM by Howard Bashman



"Newsview: Nominee May Spur Senate Battle." The Associated Press provides this report.
Posted at 05:02 PM by Howard Bashman



"Judge Alito: fairly strong on free expression." Ronald K.L. Collins and David L. Hudson Jr. of the First Amendment Center provide this analysis.
Posted at 04:33 PM by Howard Bashman



"Alito's Dissent in Casey": This post appears online at "Patterico's Pontifications."
Posted at 04:22 PM by Howard Bashman



Listen here: Today's broadcast of NPR's "Day to Day" contained segments entitled "Slate's Jurisprudence: Bush Tries Again with 'Scalito'" (featuring Dahlia Lithwick); "Judge Alito's U.S. Senate Charm Campaign"; and "A Law Clerk's View of Judge Samuel Alito."

Today's broadcast of the public radio program "Here & Now" contained a segment entitled "Samuel Alito's Nomination."

RealPlayer is required to launch the above audio segments.

And today's broadcast of the public radio program "On Point" contained a segment entitled "Justice Samuel Alito?" (available in both RealPlayer and Windows Media formats) featuring a stellar cast of guests.
Posted at 04:15 PM by Howard Bashman




Note the use of the past-tense: Jesse J. Holland of The Associated Press reports that "Alito Had Peaceful Confirmation Hearing."

And in related coverage from The AP, "Alito: Conservative, Not Always Predictable."
Posted at 04:05 PM by Howard Bashman




I'm quoted: An article in tomorrow's edition of The Christian Science Monitor headlined "Battle for the court begins; With conservative bona fides, Samuel Alito faces stiff Senate opposition to his nomination" quotes me as follows:
Howard Bashman, an appellate lawyer in Philadelphia and founder of the popular blog How Appealing, describes Alito as charming and even shy as an individual. But he can be tough. "He can give any lawyer a hard time by asking difficult questions, but not by being difficult or confrontational," Mr. Bashman says. While Alito's rulings tend to be conservative in criminal law cases, his decisions in civil cases are difficult to predict and are not necessarily those of a doctrinaire conservative, he adds.
You can access the complete article at this link.
Posted at 04:04 PM by Howard Bashman



Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "Trick and Treat: Sammy Alito is the whole bag of goodies."

Emily Bazelon has a jurisprudence essay entitled "Alito v. O'Connor: How the nominee tried to restrict Roe."

John Dickerson has an essay entitled "Ready To Rumble: The Supreme Court battle we've all been waiting for."

And Bruce Reed of "The Has-Been" has a post titled "Benched: Why President Bush stopped pretending to be against judicial activism."
Posted at 04:00 PM by Howard Bashman




A patent law battle over castration tools: Today the U.S. Court of Appeals for the Federal Circuit issued an opinion that begins, "Callicrate is the owner of several patents on methods and apparatuses for castrating large animals."
Posted at 03:33 PM by Howard Bashman



"A Look at Alito's Legal Career": The New York Times provides this news update.
Posted at 03:22 PM by Howard Bashman



"Bush To Dems: Boo!" CBS News legal analyst Andrew Cohen has this essay today.
Posted at 03:18 PM by Howard Bashman



Available online from The Christian Science Monitor: In today's newspaper, Warren Richey has an article headlined "On docket: religious freedom vs. drug laws; The Supreme Court takes up a case involving a New Mexico sect that could be important for other minority religions."

And tomorrow's newspaper will contain articles headlined "Battle for the court begins; With conservative bona fides, Samuel Alito faces stiff Senate opposition to his nomination" and "A reserved voice of the right."
Posted at 03:15 PM by Howard Bashman




"Alito Has Diverse, Extensive Legal Resume": The Associated Press provides this report.
Posted at 03:11 PM by Howard Bashman



"Bush's latest Supreme Court nominee": This segment (RealPlayer required) featuring Law Professors David Stras and Thomas C. Berg appeared on today's broadcast of Minnesota Public Radio's "Midmorning."

I may be on tomorrow's broadcast of WHYY Radio's "Radio Times with Marty Moss-Coane" talking about the nomination.
Posted at 12:44 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Court Nominee Alito Holdings Top $615,000" and "Alito Pushed Organized Crime, Drug Cases."
Posted at 12:42 PM by Howard Bashman



"Blawg Review #30": Online here, at "Bag and Baggage."
Posted at 12:40 PM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled:RealPlayer is required to launch these audio segments.
Posted at 12:05 PM by Howard Bashman



"Judging Richard": This profile of Seventh Circuit Judge Richard A. Posner appears in the November/December 2005 issue of the Columbia Journalism Review.
Posted at 12:00 PM by Howard Bashman



"Bush names Alito as Supreme Court nominee": Financial Times provides this news update.

Bloomberg News reports that "Judge Samuel Alito Chosen by Bush for Supreme Court."

BBC News reports that "Court choice augurs battle-royal."

The Scripps Howard News Service reports that "Bush taps conservative judge favored by right for high court."

Voice of America News reports that "Bush Nominates Federal Judge Alito for US Supreme Court."

Editor & Publisher reports that "Supreme Court Nominee Ruled in Favor of Alcohol Ads."

The Denver Post provides a news update headlined "Salazar: Alito pick 'troublesome.'"

And U.S. News & World Report provides this profile of the nominee.
Posted at 11:40 AM by Howard Bashman




Cheney v. Libby: A reader has drawn to my attention this interestingly-named case that the U.S. Supreme Court decided back in 1890.
Posted at 11:28 AM by Howard Bashman



Today's two U.S. Supreme Court summary reversals: The Court today issued unanimous, summary, per curiam reversals in Eberhart v. United States, No. 04-9949, and Kane v. Garcia Espitia, No. 04-1538.
Posted at 11:22 AM by Howard Bashman



"Alito Got Boost From Bradley, Lautenberg in 1987": Robert B. Bluey provides this report at Human Events Online.
Posted at 11:18 AM by Howard Bashman



"Alito's conservatism gives Senate clear choice; Nominee differed with O'Connor on allowing states to restrict abortion": Tom Curry, national affairs writer for MSNBC, provides this report.

Mark Silva and Jan Crawford Greenburg of The Chicago Tribune provide a news update headlined "Bush makes a choice to cheer conservatives."

And Gannett News Service reports that "Partisan divide already forming over Alito nomination."
Posted at 11:10 AM by Howard Bashman




Links to material concerning U.S. Supreme Court nominee Samuel A. Alito, Jr.: Since December 2000, I have written a monthly appellate column for The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. In my coverage of the U.S. Court of Appeals for the Third Circuit, Judge Alito's name has arisen frequently.

Of particular interest, each year I have written for The Legal a Term-end retrospective of how the Third Circuit fared in the U.S. Supreme Court. Those who are interested in how Judge Alito's opinions fared before the Supreme Court in the October 2000, 2001 (contains no mention of Judge Alito), 2002, 2003, and 2004 Terms can find out by clicking on the specific year. I also provided Third Circuit en banc round-ups for 2001 and 2002.

Judge Alito, until his term expired very recently, headed the U.S. Courts Advisory Committee on Appellate Rules. In that capacity, he led the charge for a number of noteworthy and eminently sensible changes to the Federal Rules of Appellate Procedure, including the rather controversial provision that will soon enable non-precedential federal appellate rulings to be cited in all federal appellate courts. Within the Third Circuit, Judge Alito also deserves much responsibility for that court's own, earlier rule change allowing citation to that court's own non-precedential rulings. Then-D.C. Circuit Judge John G. Roberts, Jr. until joining the U.S. Supreme Court also served on the Advisory Committee on Appellate Rules, and I suspect that the two men know each other, and get along, quite well.

Finally for now, Judge Alito recently wrote the Foreword to the inaugural issue of the Seton Hall Circuit Review, explaining that "It will come as no surprise that a court of appeals judge welcomes the arrival of a new journal devoted to the study of the courts of appeals, but there are sound reasons to applaud this new publication."
Posted at 10:20 AM by Howard Bashman




"Alito Has Endorsed Abortion Restrictions": Gina Holland of The Associated Press provides this report.
Posted at 10:05 AM by Howard Bashman



Today's U.S. Supreme Court Order List: Today's Order List can be viewed at this link.

In early coverage, Lyle Denniston has a post titled "No action on Hamdan, four grants" online at "SCOTUSblog."

Gina Holland of The Associated Press reports that "Supreme Court Nixes Appeal on Cell Phones" and "Supreme Court Rejects Telecommuting Case." The AP also reports that "Supreme Court to Consider Immigrant Rights"; "Court to Hear Medical Patent Case"; and "Supreme Court Rejects Microsoft Appeal."
Posted at 10:00 AM by Howard Bashman




"Bush Puts Demands of Far-Right Above Interests of Americans with High Court Nomination of Right-Wing Activist Alito; PFAW will wage massive national effort to defeat nominee who would dramatically shift balance of Court": People For the American Way has issued this news release. That organization's preliminary report on Third Circuit Judge Samuel A. Alito, Jr. can be accessed here.
Posted at 09:30 AM by Howard Bashman



A first for the Third: Not only is Circuit Judge Samuel A. Alito, Jr. President Bush's third nominee to replace Justice Sandra Day O'Connor, but Judge Alito is also the first judge serving on the U.S. Court of Appeals for the Third Circuit ever to have been nominated to serve on the U.S. Supreme Court.

The Philadelphia-based Third Circuit is, of course, the federal appellate court before which I practice most frequently, and I know Judge Alito well. At some point over the days to come, I will explain why I enthusiastically support this nomination. For now, my wife (who thinks Judge Alito is a great person, too) and I just want to take a moment to wish Judge Alito well in the days ahead, for he is a truly kind, intelligent, and compassionate person who undoubtedly will serve the Nation with great distinction on the Supreme Court just as he has served to this point with great distinction as a U.S. Court of Appeals judge.
Posted at 09:25 AM by Howard Bashman




"The Mild-Mannered Scalia; Samuel Alito Jr., 3rd U.S. Circuit Court of Appeals": Shannon P. Duffy of The Legal Intelligencer had this profile back in March 2003.
Posted at 09:20 AM by Howard Bashman



"Bush Nominates Judge Alito to Fill Court Vacancy": The Los Angeles Times provides this news update.
Posted at 09:18 AM by Howard Bashman



"President names Alito": Lyle Denniston of "SCOTUSblog" provides this report.
Posted at 08:54 AM by Howard Bashman



"Pres. Bush Announcement of Samuel Alito as Supreme Court Nominee": Via C-SPAN, you can view the announcement online by clicking here (RealPlayer required). And a transcript of this morning's nomination can be accessed here.
Posted at 08:52 AM by Howard Bashman



"Nomination Likely to Please G.O.P., but Not Some Democrats": The New York Times provides this news update.
Posted at 08:50 AM by Howard Bashman



"Bush Picks Alito for Supreme Court": The AP provides this report.
Posted at 08:12 AM by Howard Bashman



"Conservative Alito Serves on Liberal Court": The Associated Press provides this report.
Posted at 07:11 AM by Howard Bashman



In somewhat earlier coverage: Today's edition of Newsday reports that "Judge from NJ tops list; Appeals court jurist, often compared to Scalia, leads nominees, according to conservative activists."

The Los Angeles Times reports today that "Senators Get Ready for Next Court Choice; Considering recent White House problems, Republican Trent Lott sees a role for 'new blood' to advise the administration."

The New York Sun reports that "Judges Alito and Luttig Emerge at the Center Of Court Speculation."

The Washington Times reports that "Bush expected to pick justice from the right."

And The New York Daily News contains an article headlined "Pol: W benched O'Connor."
Posted at 06:52 AM by Howard Bashman




BREAKING NEWS -- "President Bush to nominate 3rd Circuit Appeals Court Judge Samuel Alito to replace retiring Supreme Court Justice Sandra Day O'Connor, sources tell CNN": CNN.com provides this report.

And The Associated Press reports that "Bush to Nominate Alito to Supreme Court."

The official announcement is expected to occur at 8 a.m. today.

Congratulations to my friend Third Circuit Judge Samuel A. Alito, Jr. on this excellent news!
Posted at 06:33 AM by Howard Bashman




"Parties Set Stage for Showdown on Court Choice": This article appears today in The New York Times.

And The Washington Post today contains a front page article headlined "President To Name Nominee For Court; Allies on Right Are Consulted on Conservative Judges."
Posted at 12:15 AM by Howard Bashman



Sunday, October 30, 2005


Programming note: After a wonderful visit to the U.S. District Court for the Eastern District of California's annual conference in Monterey, California, I'll soon be flying back across the country to Philadelphia. New posts will appear online here on Monday morning. How early on Monday morning will depend on whether the White House announces a new U.S. Supreme Court nominee today.
Posted at 02:00 PM by Howard Bashman



"Reid Urges Bush on High Court Nomination": The Associated Press provides this report.
Posted at 01:05 PM by Howard Bashman



"Abortion measure could be pivotal; Forces for and against are using Prop. 73 to galvanize their base on the governor's initiatives": This article appears today in The Sacramento Bee.
Posted at 08:55 AM by Howard Bashman



"Sandra Day O'Connor's Careful Steps Through the Judicial Landscape": Today in The New York Times, Adam Cohen has this Editorial Observer essay that begins, "When Sandra Day O'Connor was nominated to the Supreme Court in 1981, she had more of a problem with the religious right than Harriet Miers."
Posted at 08:50 AM by Howard Bashman



"Nomination imminent?" Lyle Denniston has this post online at "SCOTUSblog."
Posted at 08:45 AM by Howard Bashman



"Bush sets short list for court; Sources name 2 conservative appeals judges": Jan Crawford Greenburg has this article today in The Chicago Tribune.

The Los Angeles Times reports today that "Solid Conservatives Said to Be at Front of Line; Bush may name his next pick for the Supreme Court as soon as today; His selection is expected to come as a relief to activists on the right."

The Houston Chronicle contains articles headlined "Ball dropped with Miers, conservatives say; Advisers failed to grasp, address the needs of core Bush supporters, experts argue" and "Miers case may be a gut-check failure; President prides himself on using instincts as guide."

The Boston Globe contains articles headlined "Gavel bangs on Miers mission" and "Grand old crackup? Is the conservative movement cracking up, or just the Bush White House?"

The Washington Times reports that "Bush's base ill at ease in dissent."

And The Republican of Springfield, Massachusetts reports that "Direction of court uncertain."
Posted at 08:30 AM by Howard Bashman




Coming soon to a newsstand near you: The November 7, 2005 issue of U.S. News & World Report will contain articles headlined "One Down And One To Go: Conservatives got Miers to withdraw. Now they want a nominee of their own" and "Among the Contenders: President Bush has gone back to a pool of judges long under consideration."

The November 7, 2005 issue of Newsweek will contain articles headlined "Better Luck Next Time -- What went wrong: Harriet Miers was asked to be candidate and campaign manager; Lessons learned from a failed Supreme Court pick" and "Flying Blind -- Dark days: Singed by the special prosecutor and rattled by the Harriet Miers mess, Team Bush is in turmoil."

And the November 7, 2005 issue of Time magazine will contain an article headlined "A Time To Regroup: Bloodied by scandal, setbacks and casualties, Bush is looking for fresh troops and a new battle plan."
Posted at 08:00 AM by Howard Bashman




"Holding court on O'Connor: Joan Biskupic talks about Sandra Day O'Connor, her legal legacy and, yes, the time when two future Supremes dated." Bill Adair had this article Thursday in The St. Petersburg Times.
Posted at 12:45 AM by Howard Bashman



"After Miers, the Right Is Expecting More": This article appears today in The New York Times.

And today's edition of The Washington Post contains articles headlined "Conservatives' Tactics Against Miers May Backfire Next Time; Liberals Say the Rules Keep Changing" and "Miers, the Rebellion's Latest Casualty; Why the Right Never Surrenders, Or Declares Victory."
Posted at 12:30 AM by Howard Bashman



Saturday, October 29, 2005


"So, Do You Believe in 'Superprecedent'?" Law Professor Jeffrey Rosen will have this Week in Review essay in Sunday's edition of The New York Times.
Posted at 08:33 PM by Howard Bashman



"Bush narrows Supreme Court selection to 2, sources say": Sunday in The Chicago Tribune, Jan Crawford Greenburg will have an article in which she reports, "With an announcement expected Sunday or Monday, administration officials have narrowed the focus to Judges Samuel Alito of New Jersey and Michael Luttig of Virginia, sources involved in the process said."

And Reuters reports that "Luttig, Alito contenders as Bush mulls court pick."
Posted at 08:27 PM by Howard Bashman




"Conservatives Rejoice at Nominee's Withdrawal; Is Nominating Prominent Strict-Constructionist to High Court Too Risky?" Lawrence Hurley had this article in yesterday's issue of The Daily Journal of California.
Posted at 05:45 PM by Howard Bashman



"Power Base: Bush's post-Miers problem." Law Professor Cass R. Sunstein has this essay (pass-through link) online at The New Republic.
Posted at 05:40 PM by Howard Bashman



"Lessons From the Miers Debacle": Bruce Shapiro has this essay online at The Nation.
Posted at 05:28 PM by Howard Bashman



"G'bye, Harriet; Hello...Janice?! If Bush replaces Harriet Miers with Janice Rogers Brown, as the right hopes -- well, remember the phrase 'extraordinary circumstances'?" Simon Maxwell Apter has this essay at The American Prospect Online.
Posted at 05:25 PM by Howard Bashman



"Sykes would be an excellent Supreme Court justice": Rick Esenberg has this op-ed today in The Milwaukee Journal Sentinel.
Posted at 05:15 PM by Howard Bashman



The wire services are reporting: The Associated Press provides reports headlined "Supreme Court to Hear Student Loans Case" and "N.J. Judge May Be High On Bush's Supreme List; Third Circuit Court's Alito Being Considered For Nomination."

United Press International, meanwhile, reports that "Third Supreme Court nominee expected soon."
Posted at 05:14 PM by Howard Bashman




"After Upheavals, President Seeks to Steady Course": This article will appear Sunday in The New York Times. According to the article, "Judge Samuel A. Alito Jr. of the United States Court of Appeals for the Third Circuit has emerged as a leading candidate" for Justice Sandra Day O'Connor's seat on the U.S. Supreme Court.
Posted at 05:00 PM by Howard Bashman



"Miers' Pullout Creates Political Fallout": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition - Saturday."
Posted at 04:50 PM by Howard Bashman



"Fourth Circuit Letter Bombs": The "South Carolina Appellate Law Blog" offers a post that begins, "This was not much reported, but a letter bomb was discovered at the Fourth Circuit courthouse in Richmond earlier this week." The post links to an article from The Richmond Times-Dispatch headlined "Bomb squad disables device at courthouse; Employees evacuated from annex while police render package safe."
Posted at 09:50 AM by Howard Bashman



"Merrillville native might have shot at Supreme Court; Law professor, mom say Maureen Mahoney has personal, intellectual credentials": This article appears today in The Times of Munster, Indiana. It is reassuring to know that Maureen E. Mahoney's mother believes that her daughter is well-qualified for a seat on the U.S. Supreme Court.
Posted at 09:45 AM by Howard Bashman



Are cryopreserved pre-embryos "persons" for purposes of Arizona's wrongful death statutes? A three-judge panel of the Arizona Court of Appeals addressed that question in an opinion issued Thursday.

In news coverage, The Associated Press provides a report headlined "Ariz. Court: Embryo Outside Not 'Person.'"
Posted at 09:40 AM by Howard Bashman




"Voter ID Law Is Overturned; Georgia Can No Longer Charge For Access to Nov. 8 Election": This article appeared yesterday in The Washington Post.

And The Atlanta Journal-Constitution reported yesterday that "Hold on photo ID law upheld."

Thursday's order of the U.S. Court of Appeals for the Eleventh Circuit can be viewed at this link.
Posted at 09:34 AM by Howard Bashman




Circuit Judge Janice Rogers Brown issues her first opinion for the U.S. Court of Appeals for the D.C. Circuit: You can access the opinion, issued yesterday, at this link. The case involves the Peace Corps, the Freedom of Information Act, and allegations of sexual misconduct.
Posted at 09:15 AM by Howard Bashman



Available online from law.com: Marcia Coyle has an article headlined "What Does Miers' Withdrawal Mean for Future Nominees?"

Shannon P. Duffy has an article headlined "Justice Alito? Some Say He's a New High Court Favorite."

And in news from California, "Complexity Slows Milberg-Lerach Probe."
Posted at 09:00 AM by Howard Bashman




In today's edition of The Los Angeles Times: David G. Savage and Henry Weinstein have an article headlined "Prosecutor Has Built a Strong Case, Experts Say."

In related coverage, "Prosecutor's Signature Traits Evident in the Case He Presses; Those familiar with Patrick J. Fitzgerald say he filed what the facts merited, no more or less."

An article reports that "Some See Indictment as 'a Devastating Day for Journalism.'"

And Joseph C. Wilson IV has an op-ed entitled "Our 27 months of hell."
Posted at 08:58 AM by Howard Bashman




"For Some, Redemption of Killer Rings Hollow": The Los Angeles Times today contains an article that begins, "Gene Hetzel is aware that death row inmate Stanley 'Tookie' Williams has written books and been the subject of a movie. Hetzel even heard talk of a Nobel Prize nomination some years ago. And he knows that influential people are lobbying to win him clemency."
Posted at 08:54 AM by Howard Bashman



"Ruling backs gay benefits": The Fairbanks Daily News-Miner contains an article that begins, "State and municipal governments cannot deny benefits to the same-sex partners of their employees under the Alaska Constitution, said a landmark Alaska Supreme Court decision released Friday."

And the ACLU issued a press release entitled "Unanimous Alaska Supreme Court Says It Is Unconstitutional to Deny Equal Benefits to Lesbian and Gay State Employees."

My earlier coverage is here.
Posted at 08:45 AM by Howard Bashman




On yesterday's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "'Bloggers' Weigh In on Miers' Withdrawal" and "Political Woes Mount at White House" (RealPlayer required).
Posted at 08:40 AM by Howard Bashman



"Court's suicide decision in limbo; Miers' withdrawal throws another wild card into case about unique Oregon law": The Salem Statesman Journal contains this article today.
Posted at 08:24 AM by Howard Bashman


Friday, October 28, 2005


"Hijacker of 'Sex.com' Is Arrested": This article appears today in The Los Angeles Times.
Posted at 11:44 PM by Howard Bashman



"Next Nominee May Well Spark a Climactic Battle": Saturday's edition of The New York Times will contain this article, along with an article headlined "Pool of Female Judges Has Boomed in 24 Years."

And The Washington Post on Saturday will report that "Appellate Judges Cited as Focus of New Search; Supreme Court Candidates on Short List Were Vetted This Summer, Sources Say."
Posted at 11:40 PM by Howard Bashman




"Now, a balancing act; After Harriet Miers, President Bush looks for a nominee who can satisfy an emboldened right and still hopeful left": This article appears today in The St. Petersburg Times.

The Pittsburgh Post-Gazette reports today that "Harriet Miers withdraws as Supreme Court nominee; Opposed on right, Miers never able to win wide support."

The Times & Democrat of Orangeburg, South Carolina reports that "Miers out as high court nominee; Karen Williams once again considered for vacancy."

The State of Columbia, South Carolina reports that "S.C. judge surfaces again as candidate."

The Washington Times contains articles headlined "Miers rules herself out"; "Bush among last to learn of Miers' plan to quit?"; "Conservatives demand nominee in their image"; "Conservatives eager to put battles in past, unite behind Bush agenda and next court pick"; and "'Centrist' label tugged two ways."

The Dallas Morning News contains articles headlined "Starting over: President's loyal counsel took flak for 24 days, then retreated quietly"; "Conservative base hastened downfall"; and "For Dallas supporters, 'it's a sad day'; Disgusted by criticism, friends say Miers, city will emerge unscathed."

The News & Advance of Lynchburg, Virginia reports that "Falwell quick to offer choices for candidate."

The Providence (R.I.) Journal reports that "Reed, Chafee surprised at Miers' exit; Neither senator had decided whether they would have voted to seat her on the high court."

The Gainesville Sun reports that "UF analysts weigh in on withdrawal."

The Concord Monitor reports that "Locally, few shocked by move."

The News-Times of Danbury, Connecticut reports that "Lawyers see tough fight for next pick."

The Daily Star of Oneonta, New York contains an article headlined "Locals: Miers news not a surprise."

The York (Pa.) Daily Record reports that "Miers' withdrawal no surprise, say local attorneys."

The Parkersburg (W. Va.) News reports that "Some locals surprised at Miers decision."

The Bucyrus (Ohio) Telegraph-Forum reports that "Local views vary on Miers."

The Reno Gazette-Journal reports that "Local observers lament politicized court process."

The Des Mounes Register contains articles headlined "Grassley regrets withdrawal; Harkin says president 'caved'" and "Pataki: Miers' decision is for the best; The potential candidate for president makes his comments in the midst of an Iowa visit."

The Arkansas News Bureau reports that "Arkansas senators disappointed at Miers' withdrawal."

The Indianapolis Star reports that "Miers' fate has silver lining, past 'losers' say."

The Kansas City Star reports that "Brownback's star rises as nominee falls."

The Lawrence Journal-World reports that "Kansas senator may have been key in Miers case."

The Wichita Eagle reports that "Area conservatives praise pullout; Local leaders say their faith in the president has been restored now that Miers is no longer a Supreme Court nominee."

The SMU Daily Campus reports that "Students speak to senator about Miers withdrawl."

The Salt Lake Tribune reports that "In Utah, Miers' exit surprising to some, expected by others; Leaders' reactions: While Sen. Bennett bemoans the decision, the U. politics director says it 'had to happen.'"

The Advocate of Baton Rouge, Louisiana reports that "Vitter, Landrieu regret that Senate didn't quiz Miers."

The Shreveport Times contains an article headlined "Locals: Miers' decision not forced by the president."

In The Philadelphia Inquirer, political analyst Dick Polman reports that "Conservatives doomed high court nomination."

The Argus Leader of Sioux Falls, South Dakota reports that "Senators split on traits for next nominee."

The Hartford Courant reports that "Miers, Terrorism On Minds Of Panelists At Forum."

The Tallahassee Democrat reports that "Choice of Miers for court didn't go over well locally."

The Courier-Post of Cherry Hill, New Jersey reports that "South Jerseyans back Miers' withdrawal."

The Rocky Mountain News reports that "Allard, Salazar describe wish list; Dobson: New info halted his support."

Florida Today reports that "Brevard not surprised by Miers' decision."

The Newark (N.J.) Star-Ledger reports that "Miers is out as nominee for top court; White House counsel's withdrawal signals a new political hit for Bush."

The Houston Chronicle reports that "In Texas, some are dismayed; But one social conservative is happy with Miers' move to withdraw."

The Free-Lance Star of Fredericksburg, Virginia reports that "GOP divide displayed over pick; Virginia senators Warner and Allen divided on Miers' withdrawal from Supreme Court consideration."

The Virginian-Pilot reports that "Strategist's bid for Miers drowned out by critics."

The St. Louis Post-Dispatch reports that "Miers bows out of Supreme Court bid."

The Athens (Ga.) Banner-Herald reports that "UGA experts look ahead."

The Knoxville News Sentinel reports that "Tenn. politicians, pundits weigh in on withdrawal."

And The Dayton Daily News reports that "DeWine laments lack of hearings; Senator says Miers' reasons for quitting are valid."
Posted at 10:50 PM by Howard Bashman




"May Race Ever Be Used as A 'Tie-Breaker' in High School Admissions? The Ninth Circuit Says 'Yes' in a Case That Might Test the New Supreme Court's Affirmative Action Instincts." FindLaw commentator Vikram David Amar has this essay today.
Posted at 10:35 PM by Howard Bashman



"The Miers Impact: Put the brakes on a bill that speeds up executions." This editorial appears today in The Philadelphia Inquirer.
Posted at 10:33 PM by Howard Bashman



Slate posts next week's cancelled Doonesbury comic strips on the Harriet Miers nomination: You can view them here.
Posted at 10:23 PM by Howard Bashman



"Eight convictions on thin ice; Court reporter failed to give complete transcripts to panel": This article appears today in The Rocky Mountain News.

And The Denver Post reports today that "Guilty verdicts could be tossed; 8 cases affected." The article explains that the transcripts were recorded using an "unusual form of shorthand, which other court reporters could not read."
Posted at 10:20 PM by Howard Bashman




"Bush Heads to Camp David to Ponder Nominee": The Associated Press provides this report.
Posted at 10:12 PM by Howard Bashman



"Miers withdrawal puts Bush in a difficult corner; Conservatives will want one of their kind; Democrats urge consensus nominee": The Denver Post contains this article today, along with an article headlined "Church support rapidly fell away; Nominee's 1993 statement cited; Bush may have erred in thinking that Miers' faith would carry more weight with conservatives."

The Boston Globe contains articles headlined "Withdrawal of Miers turns up heat on Bush; Conservatives want jurist with known record"; "Familiar names, fresh faces among options"; "Executive privilege at heart of dispute over Miers memos"; "Democrats warn on next pick"; and "Withdrawal delays the retirement of Justice O'Connor."

And Newsday contains articles headlined "Can Bush find the right stuff? With Miers gone after conservative revolt, president searches for new nominee to replace retiring Supreme Court Justice O'Connor"; "Miers had too many gaffes and missteps; Weak spots showed up early in sit-downs with senators who were to grill her later"; "Presidential scrape might be tough to heal"; and "Legal experts weigh in on Miers' withdrawal."
Posted at 08:10 PM by Howard Bashman




"Alaska High Court Backs Partner Benefits": The Associated Press provides a report that begins, "The Alaska Supreme Court ruled Friday it was unconstitutional to bar benefits to the same-sex partners of public employees." You can access today's ruling of the Supreme Court of Alaska at this link.
Posted at 06:32 PM by Howard Bashman



"Canadian debate intensifies on method of picking top court": The Toronto Globe and Mail today contains an article that begins, "Harriet Miers's decision to withdraw her nomination to the U.S. Supreme Court has provided new fuel to a heated Canadian debate about our own system of appointing judges to the top court."
Posted at 06:22 PM by Howard Bashman



The "female John Roberts" just so happens also to be a Hoosier: The Gary (Ind.) Post-Tribune reports today that "Region native on short list."
Posted at 06:10 PM by Howard Bashman



"Public More Pleased Than Disappointed by Miers' Withdrawal; More concern about her qualifications and closeness to Bush than her ideology": Gallup News Service provides this report.
Posted at 06:04 PM by Howard Bashman



"Abortion, Suicide Cases Add Urgency to Court Search": Bloomberg News provides this report.
Posted at 05:24 PM by Howard Bashman



"Robert Bork on Fallout from Miers Withdrawal": You can access here the transcript of an online chat held earlier today at washingtonpost.com.
Posted at 05:04 PM by Howard Bashman



"Star-studded lineup hopes to improve lives; Shriver doesn't reveal views on vote, is joined by O'Connor, Walters, Fonda, governor": This article appears today in The Long Beach (Cal.) Press-Telegram. Among other things, the article reports Justice Sandra Day O'Connor's answer to the question, "What do you wear under those robes?"
Posted at 04:35 PM by Howard Bashman



"Senate Lawmakers Look for Edge; With Departure of Miers, Bush Walks on Eggshells; High Court in the Balance": Jeanne Cummings and Jess Bravin have this article (free access) today in The Wall Street Journal.

Today in The Chicago Tribune, Jan Crawford Greenburg reports that "Bush pulls plug on Miers; New court choice imminent." And in related coverage, "The more they met her, the less they liked."

The Los Angeles Times contains articles headlined "Bush Withdraws Miers as Nominee; Growing Conservative Revolt Topples President's High Court Choice"; "As Momentum Grew Against Her, a 'Good Soldier' Acted; Sources say two factors sealed Miers' fate: lackluster meetings with senators and a reluctance to release White House records"; "Roberts Seen as a Template to Follow; Bush is urged to seek a conservative with strong credentials, but could go his own way again"; "Move Is a Reflection of a Weakened President; With his approval rating down, Bush did not have the clout to save his court pick, experts say. His priority now is to reassure conservatives"; and "Right Stares Down White House, and Wins; Activists may feel emboldened in this early battle for control of the party's future."

USA Today contains articles headlined "Miers out; Bush goes back to list; Next candidate could be named within days"; "Lessons emerge from pick's failure; How an uphill battle for confirmation went downhill fast"; "Miers withdrawal affords Bush a rare do-over; President has second chance to please conservative base"; "Justice O'Connor remains seated in the swing seat; Decision to stay could extend into next year"; and "Miers' new priority: Helping find someone else."

Ron Hutcheson and James Kuhnhenn of Knight Ridder Newspapers report that "Miers withdraws nomination to Supreme Court."

The Houston Chronicle contains an article headlined "Miers out: Who will replace replacement? John Roberts is seen as the model to follow for the next court nominee."

The Fort Worth Star-Telegram reports that "Miers' colleagues surprised by her sudden withdrawal."

The Austin American-Statesman contains articles headlined "What went wrong with Miers? Philosophy, style and looming examinations into Bush policies doomed her Supreme Court nomination" and "Bush, again, looks for O'Connor replacement; Miers' withdrawal is blamed on Senate requests for White House documents and information Bush believes must remain confidential."

The Sacramento Bee reports that "Bush starts over on court pick; Miers bows out as nominee; conservative may get nod."

The San Francisco Chronicle contains articles headlined "Miers withdraws as court nominee; President promises quick replacement" and "Miers withdraws as court nominee; Conservative base, feeling betrayed by selection of Miers, lashed out at Bush."

The New York Sun reports that "Miers Out, Right Awaits New Nominee."

The New York Daily News reports that "Miers is gone; Swift end to a bumpy road for W's 'pit bull.'"

The Indianapolis Star contains articles headlined "Coats says Miers was denied due process" and "Hoosiers differed on Miers; But most conservatives agree the next nominee should have a proven track record."

The Mobile Register reports that "Sessions says Miers might not have been best nominee."

The Toronto Globe and Mail reports that "Bush left scrambling as Miers bows out" and "Right's victory in Miers case backs Bush into a corner."

Saturday's edition of The Sydney Morning Herald reports that "Miers a victim of radical right, say Democrats."

Indian Country Today reports today that "Tigua query masked by Miers exit."

Finally, as for how it's all playing in Peoria, The Peoria Journal Star reports that "Local reaction mixed; Prosecutors and judge say lack of experience, history may have hurt nominee."
Posted at 04:30 PM by Howard Bashman




"Justice Alito?" Shannon P. Duffy of The Legal Intelligencer provides this news update.
Posted at 04:25 PM by Howard Bashman



Greetings from beautiful Monterey, California: Now that I'm on the west coast, I have three extra hours in which to celebrate my birthday. Of course, it took a bit longer than that to get here.
Posted at 04:20 PM by Howard Bashman


Thursday, October 27, 2005


Programming note: After waking up quite early tomorrow morning, I'll be spending a good portion of my 41st birthday traveling from Philadelphia, Pennsylvania to Monterey, California for reasons earlier mentioned here. If a working internet connection awaits me at the hotel, additional posts could appear online here before Friday evening.
Posted at 10:10 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Republican Opposition Made Miers Bid Untenable"; "Understanding the Miers Withdrawal"; "Tracking Miers' Downward Trajectory"; "Senators on Miers' Decision to Withdraw Nomination"; and "Conservative Columnist's Miers Plan Played Out."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Harriet Miers: What Went Wrong."

RealPlayer is required to launch these audio segments.
Posted at 10:05 PM by Howard Bashman




"Bush's Court Choice Ends Bid; Conservatives Attacked Miers": This article will appear Friday in The New York Times, along with articles headlined "Bush Is Not Expected to Feel Need to Pick Woman Again"; "For Now, and Possibly This Year, Talk of a Vacancy on the Court Appears to Be Mere Talk"; "Steady Erosion in Support Undercut Nomination"; and "Miers's Supporters Wince at How She Was Treated; She Seems to Bear Up Well."

And Friday's edition of The Washington Post will contain front page articles headlined "Miers Withdrawn as Nominee For Court; Search Begins Anew; She Cites Senate Requests For White House Papers"; "Nomination Was Plagued By Missteps From the Start"; and "A Weakened Bush Faces New Risks," along with articles headlined "The Rift's Repercussions Could Last Rest of Term" and "A Victory for Pundits In the Miers Meltdown."
Posted at 10:00 PM by Howard Bashman




"Far right relieved as Miers steps aside; Leaders say they want justice with clear conservative views": CNN.com provides this report.
Posted at 09:55 PM by Howard Bashman



"Miers never got off to good start with senators": This article will appear Friday in The Chicago Tribune, along with an article headlined "Withdrawal marks rare moment of weakness, surrender for Bush."

The Dallas Morning News on Friday will report that "Bush's allies doomed Miers nomination."

The St. Louis Post-Dispatch on Friday will report that "Miers withdraws; Democrats brace for more conservative pick."

The Los Angeles Times provides a news update headlined "Bush Suffers Waning Influence."

Investor's Business Daily reports that "Supreme Court Seat Back Up For Grabs As Miers Bows Out."

The Guardian (UK) on Friday contains articles headlined "White House crisis grows as Miers quits" and "Humiliated Bush forced to retreat as moral right turns its guns on him."

And The Independent (UK) on Friday contains an article headlined "Bush defeat as Court nominee withdraws."

In commentary, The Milwaukee Journal Sentinel on Friday will contain an editorial entitled "No ideologue for the court."

The Minneapolis Star Tribune on Friday will contain an editorial entitled "Harriet Miers' failure is president's too; The court and public deserve a more serious nomination."

And The Seattle Post-Intelligencer on Friday will contain an editorial entitled "Supreme Court: Weak, weak."
Posted at 08:40 PM by Howard Bashman




"Next Week's 'Doonesbury' Pulled Because of Miers Withdrawal": Editor & Publisher provides this report.
Posted at 08:35 PM by Howard Bashman



"O'Connor talks about family, life lessons - not politics": The Associated Press provides this report.
Posted at 08:33 PM by Howard Bashman



In Friday's edition of Financial Times: Patti Waldmeir will have an article headlined "Bush must decide which audience to play to next." And in other coverage, "Bush anger over Miers' court bid withdrawal"; "Miers withdrawal shows up White House failings"; and "Executive privilege plays part in withdrawal of nominee."
Posted at 07:50 PM by Howard Bashman



Knight Ridder Newspapers are reporting: Now available online are articles headlined "Harriet Miers, Supreme Court nominee, withdraws nomination" and "Withdrawal gives Bush chances to mend fences with his base."
Posted at 07:00 PM by Howard Bashman



"Uhlmann Annual SCOTUS Review": Via "ProfessorBainbridge.com," I see that Michael M. Uhlmann has an article in the October 2005 issue of First Things entitled "The Supreme Court Rules: 2005."

And in the November 2005 issue of First Things, Justice Antonin Scalia reviews Steven D. Smith's book, "Law's Quandary."
Posted at 06:00 PM by Howard Bashman




"Debate over Missouri abortion law appears to hinge on free-speech rights": The AP provides this report.
Posted at 05:54 PM by Howard Bashman



"Bush Scrambles for New High Court Nominee": The Associated Press provides this report.

And Reuters reports that "Bush to look to Roberts model in new court pick."
Posted at 05:50 PM by Howard Bashman




Lest I be accused ...: ... of only linking to the statement of a Ninth Circuit split supporter, you can access here the prepared texts of the statements of all the witnesses who testified yesterday before a Senate Judiciary Committee subcommittee on the topic of breaking up the U.S. Court of Appeals for the Ninth Circuit. One thing listening to the audio of yesterday's hearing taught me is that the odds of a Senator from Alabama sharing the same sense of humor as Circuit Judge Alex Kozinski are quite small indeed.
Posted at 05:30 PM by Howard Bashman



Congratulations to newly-confirmed Sixth Circuit Judge Susan Bieke Neilson: This afternoon, the U.S. Senate confirmed her to a seat on the U.S. Court of Appeals for the Sixth Circuit by a vote of 97-0.
Posted at 05:20 PM by Howard Bashman



"Withdrawal Means O'Connor Still Unretired": Gina Holland of The Associated Press provides this report.

Which reminds me, while I'm jetting across the United States tomorrow for Saturday's conference in Monterey, I'll be reading Joan Biskupic's new book, "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice." I began reading the book over lunch the other day, and it's quite an interesting read.
Posted at 05:15 PM by Howard Bashman




"Miers Drops Bid For High Court": T.R. Goldman of Legal Times provides this news update (free access).
Posted at 05:11 PM by Howard Bashman



They said signing up for TimesSelect would have its benefits: Finally, top billing from The New York Times. See it while it lasts.
Posted at 05:05 PM by Howard Bashman



"With Miers Out, Focus Shifts to Next Nominee; Experts Say Field is Wide Open": The Washington Post provides this news update.
Posted at 04:42 PM by Howard Bashman



"Local Lawyers: Right Wing Pushed Miers Out." The Legal Intelligencer provides this news update.
Posted at 04:40 PM by Howard Bashman



"U.S. court backs order suspending voter ID in Ga.": The Atlanta Journal-Constitution provides a news update that begins, "The federal appeals court in Atlanta today denied a request to set aside an injunction barring enforcement of the state's new voter ID requirement in the upcoming municipal elections held statewide."
Posted at 04:15 PM by Howard Bashman



"Documents, backlash doomed nomination": CNN.com provides this report.
Posted at 03:55 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Miers Drops Out" (featuring Dahlia Lithwick); "Political Damage to White House from Miers Pullout"; "U.S. Senators React to Miers' High Court Pullout"; and "Slate's Politics: The White House Miers Debacle."
Posted at 03:54 PM by Howard Bashman



"Is 'miered' the new 'borked'?" That question begins a report from The Associated Press headlined "Miers Withdrawal Spawns a New Word."
Posted at 03:33 PM by Howard Bashman



"Law profs ask High Court to review tribunals": The Yale Daily News today contains an article that begins, "A group of Yale Law School professors sent a letter to Congress and the U.S. Supreme Court yesterday demanding judicial review of a recent case which upheld the legality of military tribunals."

And online at Slate, Emily Bazelon has a jurisprudence essay entitled "Hear Me, Hear Me: The case of the year that the Supreme Court may duck."
Posted at 02:54 PM by Howard Bashman




"Harriet Miers withdraws": The Chicago Tribune provides this news update.
Posted at 02:44 PM by Howard Bashman



"With Miers out, what's Plan B? Now President Bush must find a Supreme Court nominee who can satisfy his base yet clear the Senate." This article will appear Friday in The Christian Science Monitor.
Posted at 02:25 PM by Howard Bashman



Available online from Slate: Dahlia Lithwick has a jurisprudence essay entitled "Code Blue: What the Miers withdrawal means for abortion code-speak."

John Dickerson has an essay entitled "Answered Prayers: How Bush lost the Miers fight."

And a few days back, I managed to overlook a jurisprudence essay by Mark Obbie entitled "Vote for Harriet!!!! The dubious professional distinctions of Harriet Miers."
Posted at 02:20 PM by Howard Bashman




"O'Connor in the Middle of Some Big Cases": Gina Holland of The Associated Press provides this report.
Posted at 02:14 PM by Howard Bashman



"Harriet Miers Withdraws Nomination": Today's broadcast of the public radio program "On Point," which featured a star-studded cast of characters, can be heard by clicking here (Windows Media) and here (RealPlayer).
Posted at 12:50 PM by Howard Bashman



"After Miers": National Review Online has posted this editorial.
Posted at 12:00 PM by Howard Bashman



"Zero!!! Harriet Miers goes down (and so do we)." Slate's no doubt final installment of the Miers-o-Meter is here.
Posted at 11:45 AM by Howard Bashman



"Withdrawal Shows Bush's Weakness": The Associated Press provides this news analysis.
Posted at 11:18 AM by Howard Bashman



"What's next?" Lyle Denniston provides this commentary online at "SCOTUSblog."

And -- this is not a joke! -- "SCOTUSblog" has obtained and posted a copy of Harriet Miers's answers to the Senate Judiciary Committee's follow-up questions (answers here; cover letter here).
Posted at 11:00 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Miers Withdraws as Supreme Court Nominee" (featuring Nina Totenberg); "Miers Withdrawal Adds to Bush's Political Woes" (featuring Cokie Roberts); and "Sen. Brownback on Miers Withdrawal."

Earlier, before the withdrawal was announced, this morning's broadcast contained a segment entitled "Senate Panel Awaits More Detail from Nominee Miers."
Posted at 10:22 AM by Howard Bashman




The U.S. Senate's leaders are saying: You can access statements on Harriet Miers's withdrawal from Bill Frist, M.D. (R-TN) and Harry Reid (D-NV).
Posted at 10:10 AM by Howard Bashman



"Miers Withdraws Supreme Court Nomination": The Los Angeles Times provides this news update.
Posted at 10:05 AM by Howard Bashman



A victory for [conservatives; liberals; elitists; those who demand highly qualified nominees to the U.S. Supreme Court; bloggers]? People For the American Way has issued a press release titled "Miers, White House Surrender to Ultraconservatives; Right Wing Power Politics Overwhelm President's Supreme Court Pick." Which isn't to suggest, of course, that PFAW ultimately would have supported the Miers nomination. Meanwhile, over at JusticeMiers.com....
Posted at 09:44 AM by Howard Bashman



"Court Urged to Consider Padilla's Appeal": Gina Holland of The Associated Press provides this report. I have uploaded a copy of Jose Padilla's petition for writ of certiorari, filed late Tuesday in the U.S. Supreme Court, at this link.
Posted at 09:30 AM by Howard Bashman



BREAKING NEWS -- "Miers Withdraws Supreme Court Nomination": The Associated Press provides this report.

Bloomberg News reports that "Miers Withdraws as Nominee Amid Conservative Revolt."

Reuters reports that "Miers withdraws as Supreme Court nominee."

CNN.com reports that "Miers withdraws nomination."

You can access the letter of withdrawal that Harriet Miers sent to President Bush at this link.

And the text of the White House's statement can be accessed here.

It's too early for today's installment of Slate's Miers-o-Meter, but I'm courageously predicting a reading somewhere in the vicinity of 0%.
Posted at 09:10 AM by Howard Bashman




"Enough Already: It's time to rein in special prosecutors." Viet Dinh and Neal Katyal have this op-ed (free access) today in The Wall Street Journal.
Posted at 07:20 AM by Howard Bashman



"GOP Resurrects Plan to Split 9th Circuit Court in Two": The Los Angeles Times contains this article today.

And The Associated Press reports that "Republicans try again to split appeals court in two."
Posted at 06:54 AM by Howard Bashman




"2 GOP Senators Set to Join Call Against Miers": This article appears today in The New York Sun.

The New York Times reports today that "Nominee Is Pressed on Her Abortion Views."

The Los Angeles Times reports that "Critics and a Senator Raise Ante for Miers."

The Boston Globe reports that "Miers will face detention questions; Specter looks to explore limits to Bush's power."

The Associated Press reports that "Miers Faces High Hurdle for Top ABA Rating."

The Washington Times reports today that "Women's group calls for Miers withdrawal."

The Houston Chronicle reports that "Miers' 'do-over' due today; Frustrated senators expect questionnaire to shed more light on nominee's views."

The Pittsburgh Post-Gazette reports that "Specter eyes Miers' Bush link; Wants assurances against favoritism."

And The Advocate of Baton Rouge, Louisiana reports that "Vitter noncommittal on Miers after visit."

In commentary, Carl P. Leubsdorf of The Dallas Morning News has an essay entitled "Miers is no Roberts; But, come the hearings, could she be a Thomas?"

In The Washington Times, David Limbaugh has an essay entitled "Weight of originalism."

Ann Coulter has an essay entitled "'Scratch-off' Miers."

And syndicated columnist James J. Kilpatrick has an essay entitled "Remembering the Greatest Roman" in which he argues that Harriet Miers does not compare favorably to G. Harrold Carswell.
Posted at 06:44 AM by Howard Bashman



Wednesday, October 26, 2005


He couldn't see the forest: Today in The Seattle Times, columnist Danny Westneat has an op-ed entitled "Judge got view, lost perspective" that begins, "Remember when that federal judge had 120 trees cut down in a Seattle park to improve his view?" (via "Underneath Their Robes").
Posted at 11:54 PM by Howard Bashman



"Miers's Autonomy Will Be at Issue; Panel to Probe Her Judicial Reasoning": This front page article will appear Thursday in The Washington Post. Tomorrow's newspaper will also report that "Senators Question Tax Shelter Letters; Miers's Law Firm Sold Documents Backing Arrangement the IRS Criticized."

USA Today on Thursday will report that "Miers to be questioned on her independence."

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Specter, Leahy Still Concerned About Miers Nomination" (transcript with link to audio).
Posted at 11:45 PM by Howard Bashman




Available online from law.com: An article reports that "High Court May Take Up Texas Redistricting; Justices will decide whether to hear challenges to DeLay-led plan that shuffled congressional districts."

And in other news, "All Eyes Are on High Court Over 'Crawford' Issues; Thousands of cases hang in balance."
Posted at 10:00 PM by Howard Bashman




"Miers given preview of confirmation questions; Specter says autonomy from Bush, war are likely to be addressed": Thursday's edition of The Dallas Morning News will contain this article.

In related coverage, at "SCOTUSblog," Lyle Denniston has a post titled "War powers quiz for Miers."

Thursday's edition of The Hill will contain articles headlined "Miers is put on notice" and "House right adds its voice to opposition."

Bloomberg News reports that "Senators Say 1993 Miers Speech Raises New Questions."

The Associated Press reports that "Coleman to press Miers about work on tax shelter."

And Investor's Business Daily reports that "Miers' Prospects Looking Bleak As Philosophy, Intellect Doubted."
Posted at 08:50 PM by Howard Bashman




"Their clout rising, blogs are courted by Washington's elite": This article will appear Thursday in The Christian Science Monitor.
Posted at 08:40 PM by Howard Bashman



Available online at Slate: The Miers-o-Meter today has dropped to a 60 percent chance of confirmation.

And Fred Kaplan has an essay entitled "First, Fire All the Lawyers: It's time to put a manager in charge of the Department of Homeland Security."
Posted at 07:30 PM by Howard Bashman




"Miers Nomination on Uncertain Ground": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:28 PM by Howard Bashman



"Miers's Muddle: In her own words." Edward Whelan has this essay at National Review Online.
Posted at 07:24 PM by Howard Bashman



"New GOP jitters over Miers nomination; Apparent reversal in abortion views prompts puzzlement among senators": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 07:20 PM by Howard Bashman



"Text of Letter From Specter to Miers": The AP has posted it online here.
Posted at 05:32 PM by Howard Bashman



"Operation Rescue promises to actively oppose the nomination of Harriet Miers to the Supreme Court of the United States if she refuses to withdraw her name from consideration." You can access the organization's press release at this link.
Posted at 05:30 PM by Howard Bashman



"Miers' Former Law Firm Opens D.C. Office": The Associated Press provides this report. The office apparently does not intend to focus on handling cases before the U.S. Supreme Court.
Posted at 05:00 PM by Howard Bashman



"Prosecutor Meets With Chief Judge; Could Signal That Fitzgerald Is Seeking Extension": Josh Gerstein of The New York Sun provides this breaking news update.
Posted at 02:54 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Specter Gives Miers Heads Up on Questions"; "Senate May Probe Miers' Lottery Days"; and "BlackBerry Maker Denied High Court Appeal."
Posted at 02:33 PM by Howard Bashman



"Revisiting Proposals to Split the Ninth Circuit: An Inevitable Solution to a Growing Problem": This hearing is just getting underway now before the Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts. You can view the hearing live online by clicking here (RealPlayer required).

I have posted online at this link the prepared testimony of Ninth Circuit Judge Diarmuid F. O'Scannlain, complete with full color charts and graphs.
Posted at 02:30 PM by Howard Bashman




Statement of 450 Professors of Law on Hamdan v. Rumsfeld: A letter signed by 450 law professors urging the U.S. Supreme Court to grant certiorari in Hamdan v. Rumsfeld can be viewed online here, while an alphabetical list of those who signed the letter is available at this link. Several of the most notable signatories have forwarded a copy of the letter to the ranking members of the Senate Judiciary Committee.

And for those whose penchant for all things Hamdan still isn't sated, you can also access online Owen Bonheimer's op-ed from Monday's issue of Legal Times, "Blind Justice: Fair Trials for Salim Hamdan Here and Saddam Hussein in Iraq Can't be Based on Secret Evidence; The World is Watching Us."
Posted at 02:22 PM by Howard Bashman




"Miers Should Withdraw Now": Edward Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 01:15 PM by Howard Bashman



"Sen. Wants Proof Miers Is Conservative": Jesse J. Holland of The Associated Press provides a report that begins, "The White House should provide written evidence that Supreme Court nominee Harriet Miers has a conservative judicial philosophy instead of asking senators to rely her statements or the word of her friends, conservative Sen. David Vitter, R-La., said Wednesday."
Posted at 01:05 PM by Howard Bashman



Forthcoming speaking appearances: This Saturday, Law Professor Doug Berman and I will be in Monterey, California to speak about law blogs at the annual conference of the U.S. District Court for the Eastern District of California. Of course, Monterey isn't in the Eastern District of California, but it's supposedly a very nice destination, so no complaints here.

On Monday, November 7, 2005, I'll be in Chicago, Illinois at the invitation of the University of Chicago Law School's American Constitution Society chapter to debate the Solomon Amendment case with the founder and president of Forum for Academic and Institutional Rights.

Then on Veterans Day, Friday, November 11, 2005, we will reprise the Solomon Amendment debate in the format of a moot court at the Boston College Law School.
Posted at 11:33 AM by Howard Bashman




"A Good Judge of Judges? Harriet Miers's role in the vetting of judicial candidates." Terry Eastland has this essay in the October 31, 2005 issue of The Weekly Standard.
Posted at 11:15 AM by Howard Bashman



Michigan's retirement system applicable to state judges is entitled to Eleventh Amendment immunity, sharply divided en banc Sixth Circuit rules: You can access today's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Circuit Judge Jeffrey S. Sutton (who wasn't on the original three-judge panel) wrote the en banc majority's opinion. The original three-judge panel had reached the opposite result, by a 2-1 vote.
Posted at 10:45 AM by Howard Bashman



"In Speeches From 1990s, Clues About Miers Views; Nominee Defended Social Activism": In connection with this front page article that appears today in The Washington Post, that newspaper has posted online the text of two speeches that Harriet Miers delivered. The speeches are identified as "Speech to the Executive Women of Dallas (Spring 1993)" and "Women and Courage (Summer 1993)." It remains to be seen whether readers of the second speech's first sentence will be more troubled by the misuse of "too" or the misspelling of Ruth Bader Ginsburg's last name.
Posted at 09:35 AM by Howard Bashman



"Miers Vox Pop": CBS News legal analyst Andrew Cohen has this essay today at cbs4denver.com.
Posted at 09:30 AM by Howard Bashman



"Abortion issue's opponents wary of the fine print": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The principal debate over Proposition 73 is whether doctors should have to notify a pregnant teen's parents before performing an abortion. But other controversies are lurking in the fine print. One little-discussed provision of the Nov. 8 ballot measure would create a public scorecard for judges who rule on minors' abortions. Another would define abortion in the state Constitution as the killing of 'a child conceived but not yet born.'"
Posted at 09:24 AM by Howard Bashman



"Conservative Group Campaigns Against Miers Nomination": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:20 AM by Howard Bashman



"Bush: Miers Views Not Clouded by Legal Scholarship." "ScrappleFace" provides this report.
Posted at 07:20 AM by Howard Bashman



"In Speeches From 1990s, Clues About Miers Views; Nominee Defended Social Activism": This front page article appears today in The Washington Post.

The Los Angeles Times reports today that "Before Bush, U.S. Judge in Texas Was Miers' Hero; The Supreme Court nominee had effusive praise for a jurist who aided her career."

The Boston Globe reports that "Senators press Bush for data from Miers White House stint; Silence may hurt court nominee, legislators warn."

The Associated Press reports that "Miers Isolated From Social Turmoil As Teen."

The St. Petersburg Times reports today that "Miers' 2nd chance could be her last; Senators want more information about the Supreme Court nominee, and today is her opportunity to provide it."

The Rocky Mountain News reports that "Judiciary committee hasn't called Dobson; Focus chief expected to be quizzed about Miers' nomination."

The Washington Times contains articles headlined "Miers achieved, but stayed under the radar" and "Senators reject Miers critics."

The New York Sun reports that "Court Nominee Gains Some Senate Support."

The Milwaukee Journal Sentinel reports that "Miers meeting leaves Feingold feeling 'frustrated'; Court nominee's responses reveal little, he says."

And The Green Bay Press-Gazette reports that "Feingold gets few answers from Miers, Supreme Court nominee."

In commentary, The Rocky Mountain News contains an editorial entitled "Legal precedent not the be-all, end-all; Salazar's standard won't work."

The Birmingham News contains an editorial entitled "Give Harriet Miers chance to be heard."

In The Seattle Times, Carl Jeffers has an op-ed entitled "With Miers, the president may move court to the left."

And at OpinionJournal, U.S. District Judge Thomas P. Griesa has an essay entitled "Tried and True: The Supreme Court would benefit from a trial lawyer's experience." And Holman W. Jenkins Jr. has an essay entitled "The Real Lottery Scandal: Harriet Miers and America's pathetic affair with state gambling."
Posted at 06:45 AM by Howard Bashman




"A Supreme Court Order Affords Some Insight Into The Roberts Court's View of Roe v. Wade: Must Prison Officials Transport an Inmate to an Abortion Clinic?" FindLaw commentator Michael C. Dorf has this essay today.
Posted at 06:40 AM by Howard Bashman


Tuesday, October 25, 2005


"Today's Chance of Confirmation: 70 percent." So reports Slate's Miers-o-Meter, in an item headlined "The Right Ramps Up: And Miers' numbers head south."
Posted at 10:54 PM by Howard Bashman



"Senators in G.O.P. Voice New Doubt on Court Choice": This article will appear Wednesday in The New York Times.

The Washington Post on Wednesday will report that "New Push for Miers Is in the Works; Speech by Nominee Among Moves Being Considered by White House."

And Wednesday's edition of USA Today will report that "GOP senators push for more on Miers; Greater detail sought about her views, role in formulating policies."
Posted at 10:50 PM by Howard Bashman




"Point Man for Miers Juggles Allegiances; Legal Conservative Risks Credibility By Helping Bush Defuse Criticism Of High Court Nominee": In Wednesday's edition of The Wall Street Journal, Jeanne Cummings will have this article (free access) about Leonard Leo.
Posted at 10:14 PM by Howard Bashman



You can never be too thin, too rich, or have too many pieces of legislation under consideration to split the Ninth Circuit: Tomorrow afternoon, as I earlier noted here, a subcommittee of the Senate Judiciary Committee will hold a hearing on legislation to divide the U.S. Court of Appeals for the Ninth Circuit. And, if that is not enough, the House Judiciary Committee tomorrow afternoon will be holding its mark-up of separate legislation to split the Ninth Circuit. Of course, if it were up to the House, the Ninth Circuit would have been split long ago. But the Senate keeps cooling the saucer, so to speak.
Posted at 10:00 PM by Howard Bashman



"Vermont Law School pays price for banning of military recruiters": This article appears today in The Burlington Free Press.
Posted at 09:02 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Conservative Group Starts Anti-Miers Ads," while a related item is headlined "Adwatch: Miers' Withdrawal Sought."

And in other news, "Justice Scalia Turns Away TV Reporters."
Posted at 08:54 PM by Howard Bashman




"The End of Federalism?" Online at the web site of the Claremont Institute, John C. Eastman has an essay that begins, "Why has there been such a firestorm over President Bush's most recent nominee to the Supreme Court?"
Posted at 05:24 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Confessions Under Torture" (featuring Dahlia Lithwick) and "Rosa Parks: Appreciation of a Rights Pioneer." RealPlayer is required to launch these audio segments.
Posted at 04:50 PM by Howard Bashman



Available online from the Alliance for Justice: "Preliminary Report on the Nomination of Harriet Miers to the U.S. Supreme Court" and "The Miers Nomination: The Process Must Reveal More."
Posted at 04:44 PM by Howard Bashman



"Few high-court nominees have withdrawn": Scripps Howard News Service provides this report.
Posted at 04:40 PM by Howard Bashman



"Revisiting Proposals to Split the Ninth Circuit: An Inevitable Solution to a Growing Problem." The witness list for tomorrow afternoon's hearing of the Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts can now be accessed here.
Posted at 04:38 PM by Howard Bashman



LexisNexis issues press release demonstrating that LexisNexis can be used to prove the obvious: Now available online is a press release entitled "LexisNexis Search Concludes Others More Experienced Than Miers; Database Provides Insight to Number of Opinions Each Litigator Has Penned."
Posted at 04:25 PM by Howard Bashman



"On Tuesday, October 25, Americans for Better Justice, announced the launch of ABJ's national advertising campaign to urge President Bush to withdraw his nomination of Harriet Miers to the Supreme Court." You can view the ad by clicking here, while the Americans for Better Justice web site can be accessed here.
Posted at 03:40 PM by Howard Bashman



Australian judge slams British newspaper reporter for portraying town of Darwin as a "hick town": The Australian Associated Press provides reports headlined "Darwin judge wants 'hick town' apology" and "Herald to retract Murdoch article."

The Guardian (UK) reported yesterday that "Falconio trial judge condemns press articles." And The Telegraph (UK) reported yesterday that "Falconio judge calls for apology over Brian slur."
Posted at 03:11 PM by Howard Bashman




"High court opposites dazzling off the bench": Today in The Chicago Sun-Times, columnist John O'Sullivan has an essay from Melbourne, Australia that begins, "Most legal reporters would burn their briefs to overhear U.S. Supreme Court discussions between Justices Antonin Scalia and Stephen Breyer, respectively the leading conservative and liberal minds on the court."

Additional coverage is available in a post titled "A Judicial SIGHT-ation from Down Under: Nino and Steve's Excellent Adventure!" at "Underneath Their Robes."
Posted at 02:48 PM by Howard Bashman




Divided Third Circuit panel affirms dismissal of federal civil rights claims filed by self-styled "campus-evangelist" whose preaching on the evils of pre-marital sex, drinking, and homosexuality nearly sparked a riot on the campus of Indiana University of Pennsylvania: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

News coverage of the underlying dispute can be accessed here, here, here and here.
Posted at 02:20 PM by Howard Bashman




"Bush Refusal to Provide Miers Data Raises Confirmation Hurdle": Bloomberg News provides this report.
Posted at 02:14 PM by Howard Bashman



"Nina Totenberg discusses Supreme Court scene": The Pittsburgh Post-Gazette today contains an article that begins, "If Harriet Miers is still looking for a 'crash course' on the U.S. Supreme Court, she could have picked up a few pointers last night from Nina Totenberg, National Public Radio's court correspondent."
Posted at 12:12 PM by Howard Bashman



In today's mail: I'm very pleased to have received in today's mail a copy of Joan Biskupic's new book, "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice." Apparently the book has gone on-sale in bookstores across the USA today [USA Today pun largely accidental].

A little birdie tells me that Joan will be visiting the National Constitution Center in Philadelphia to talk about her book (and sign copies of it) on the evening of December 1, 2005. Let's hope Joan remembers Justice O'Connor's advice to be on the lookout for the falling beams.
Posted at 11:45 AM by Howard Bashman




"Sen. Baucus Demands That Miers Release Her Tax Returns (As Must Tax Court Judges)": This post appears today at "TaxProf Blog."
Posted at 11:10 AM by Howard Bashman



Priscilla Owens and Harriet Mier: Via The Washington Post's "Campaign for the Court" blog, I have come across a Google cache of D Magazine's April 2005 interview entitled "Tracy Rowlett Interviews Harriet Miers." The interview is interesting, but be forewarned that Fifth Circuit Judge Priscilla R. Owen's last name is misspelled. See, e.g., NPR's "All Things Considered" segment from May 25, 2005, "It's Pronounced Owen: One Person, Singular" (RealPlayer required).
Posted at 10:15 AM by Howard Bashman



"Hurricane Katrina's Blow to the Justice System": You can access yesterday's broadcast of NPR's "Justice Talking" at this link (Windows Media Player). Among the guests on the program: Fifth Circuit Chief Judge Carolyn Dineen King and attorneys Richard Scruggs, Kenneth Feinberg, and Richard Samp.
Posted at 10:00 AM by Howard Bashman



"Bush is firm on keeping lid on Miers' records": This article appears today in The Sacramento Bee.
Posted at 09:58 AM by Howard Bashman



"Execution Closer for 'a Model of Humanity'": Today in The Los Angeles Times, Henry Weinstein has an article that begins, "Lawyers and religious figures on Monday launched what is expected to be a vigorous battle to save the life of Stanley 'Tookie' Williams, the reputed co-founder of the Crips street gang, after a judge set Dec. 13 as his execution date."

The San Francisco Chronicle reports today that "Execution for Nobel nominee killer set."

And in The San Jose Mercury News, Howard Mintz reports that "Judge orders execution of gang founder/activist; Death penalty debate begins to flare up."
Posted at 09:54 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Civil Rights Pioneer Rosa Parks Dies"; "Lawsuits Filed Over New Orleans Levee Breaks"; and "Evacuated Prisoners Held in Limbo After Katrina" (RealPlayer required).
Posted at 09:44 AM by Howard Bashman



"The 'Krauthammer factor'": At "SCOTUSblog," Lyle Denniston has a post that begins, "Almost from the beginning, the Supreme Court nomination of Harriet E. Miers has been in trouble with prominent conservative columnists."
Posted at 07:15 AM by Howard Bashman



"Appeals court rules judges may keep their papers secret": The Chicago Sun-Times today contains an article that begins, "The justices of the Supreme Court of Illinois have an 'absolute privilege' to keep secret any memos and documents they circulate among themselves, a state appellate court ruled Monday."
Posted at 06:54 AM by Howard Bashman



"Bush Refuses to Release Miers' Files; He says letting senators see the high court pick's White House records is a 'red line I'm not willing to cross'; Lawmakers suggest a compromise": This article appears today in The Los Angeles Times.

The Washington Post reports today that "Conservatives Escalate Opposition to Miers; Web Sites and Ad Campaign Seek Nominee's Withdrawal."

The Dallas Morning News reports that "Bush won't share records on Miers' White House time; Privilege cited; senators say they must know more before hearings."

The Denver Post reports that "Miers' silence on leak may be on shaky footing; Experts say the Supreme Court nominee can't claim attorney-client privilege on all Plame-related queries."

In The Boston Globe, Charlie Savage reports that "Bush says he won't air memos from Miers; Sparks standoff with both parties."

The Houston Chronicle contains articles headlined "Bush: Records of Miers' legal advice off-limits; Details on her work as counsel to president sought" and "Bush gets help from home; Texas senators take high-profile roles in defending the White House."

The Washington Times reports that "Bush refuses to disclose conversations with Miers" and "Leaders on right call for new pick."

And The Pittsburgh Post-Gazette reports that "Bush balks on data tied to Miers' counsel."

In commentary, The Seattle Times contains an editorial entitled "Miers not qualified for Supreme Court."

Bloomberg News columnist Andrew Ferguson has an essay entitled "Miers Joins Long March of Mediocrity to Court."

In The Boston Globe, columnist Thomas Oliphant has an op-ed entitled "Missteps on Miers."

In The Washington Times, Bruce Fein has an op-ed entitled "Set-aside baggage."

In The Rocky Mountain News, columnist Paul Campos has an op-ed entitled "Miers gets royal treatment."

And in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed entitled "Slap them silly."
Posted at 06:44 AM by Howard Bashman




"Criticism of Miller Could Complicate Case Against Libby": Josh Gerstein has this article today in The New York Sun.
Posted at 06:35 AM by Howard Bashman


Monday, October 24, 2005


Available online from law.com: Marcia Coyle reports that "Miers Nomination Will Test Relevance of ABA Ratings."

And in other news, an article is headlined "2nd Circuit: Judges Should Oversee Security Measures That Might Reduce Access."
Posted at 11:15 PM by Howard Bashman




"Bush Refuses to Release Nominee's Papers": This article will appear Tuesday in The New York Times.
Posted at 11:04 PM by Howard Bashman



"Rosa Parks, civil rights heroine, is dead": The Detroit Free Press provides this news update.

And Tuesday's edition of The Detroit News will report that "Civil rights pioneer Rosa Parks dies; Doctor says icon died peacefully in her sleep."
Posted at 10:54 PM by Howard Bashman




Hugh Hewitt is back from vacation: And he's as enthusiastically pro-Miers as ever.

Update: At "Confirm Them," Paul Zummo responds in a post titled "Hugh Hewitt’s last stand."
Posted at 10:45 PM by Howard Bashman




"State in rethink on late abortion": Tuesday's edition of The Age of Melbourne, Australia contains an article that begins, "A contentious plan to impose a 48-hour 'cooling-off' period for women seeking late-term abortions in Victoria will be scrapped after a backlash from State Government MPs and other Labor Party figures."
Posted at 08:28 PM by Howard Bashman



"Today Slate inaugurates the Miers-o-Meter, which will gauge Harriet Miers' chances of making it onto the Supreme Court." Today's (perhaps overly-optimistic) odds of confirmation: 75 percent.
Posted at 08:10 PM by Howard Bashman



"War counsel: Conservative legal scholar John Yoo, whose memos helped shape White House policy, says the framers gave the president all the war powers of a king." This article appeared in the Ideas section of yesterday's issue of The Boston Globe.
Posted at 08:00 PM by Howard Bashman



"Associate Justice or Miss America?" That's the title of this transcript from today's broadcast of The Rush Limbaugh Show.
Posted at 07:54 PM by Howard Bashman



"Blawg Review #29": Available online here at (of all places!) "Blawg Review."
Posted at 07:45 PM by Howard Bashman



"Land deal gets new scrutiny as Bush resists requests on Miers' work": James Kuhnhenn of Knight Ridder Newspapers provides this report.

And The Dallas Morning News on Tuesday will report that "Bush won't share Miers' White House records; Privilege cited; senators say they must know more before hearings."
Posted at 07:44 PM by Howard Bashman




"Why AG Gonzales Will Not Be Nominated to Replace Harriet Miers and What We Might Get Instead": Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 05:40 PM by Howard Bashman



A more neutral hearing title could not be found: On Wednesday, the Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts will hold a hearing titled "Revisiting Proposals to Split the Ninth Circuit: An Inevitable Solution to a Growing Problem." The hearing will consider S. 1845, "The Circuit Court of Appeals Restructuring and Modernization Act of 2005." I'll have more details on the hearing as they become available.
Posted at 04:55 PM by Howard Bashman



Second Circuit goes digital: The U.S. Court of Appeals for the Second Circuit has today issued an order requiring electronic appellate briefs as of December 1, 2005.
Posted at 04:44 PM by Howard Bashman



Better late than never? I've finally gotten around to posting online the most recent installment of my monthly appellate column, titled "Miers Nomination Catches Bush Off–Base." It appeared in The Legal Intelligencer two weeks ago today, on Monday, October 10, 2005. That, of course, means that the Harriet Miers U.S. Supreme Court nomination is today celebrating its three-week anniversary.
Posted at 04:20 PM by Howard Bashman



"Americans for Better Justice: American Conservatives Support President Bush, but Oppose the Supreme Court Nomination of Harriet Miers." Via "David Frum's Diary," I learned of this new web site.
Posted at 04:00 PM by Howard Bashman



"Bush Won't Release Miers Records From White House Work": The Los Angeles Times provides this news update.

Thomas Ferraro of Reuters reports that "Bush says won't release papers on Miers."

President Bush's remarks, from earlier today, are available here.

Law Professor Jack M. Balkin has a blog post titled "What Should Democrats Do About Miers? Beyond the Popcorn Strategy."

And Law Professor Daniel J. Solove has a blog post that asks "Are Bloggers Having an Influence Inside the Beltway?"
Posted at 03:54 PM by Howard Bashman




"Death Warrant Signed for Crips Co-Founder": The AP provides a report that begins, "A judge signed a death warrant Monday for Stanley 'Tookie' Williams, co-founder of the notorious Crips gang, rejecting his attorneys' request for a delay in the execution date to give them more time to seek clemency from Gov. Arnold Schwarzenegger."
Posted at 03:45 PM by Howard Bashman



"Montana Senator Baucus seeks Miers' tax records": The Associated Press provides this report.
Posted at 03:37 PM by Howard Bashman



"Stopping Harriet Miers: Absent a judicial resume, we must assume Miers will ask 'What would Dubya do?' on the bench." Geov Parrish has this essay today at WorkingForChange.com.
Posted at 02:33 PM by Howard Bashman



"At a time when Congress is expanding the jurisdiction of the federal courts over national class-action lawsuits, see 28 U.S.C. § 1332(d), the majority's decision severely limits the authority of district courts to protect that jurisdiction and to preserve the settlement agreements they have authorized." Which pro-business, conservative jurist sitting on the U.S. Court of Appeals for the Ninth Circuit issued a dissent today that begins with the words quoted in this post's title? The answer may surprise.
Posted at 02:30 PM by Howard Bashman



"Document dispute snags Miers nomination; Bush refuses to turn over records of work as White House counsel": Tom Curry, national affairs writer for MSNBC, provides this report.

And Bloomberg News reports that "Bush Says White House Won't Give Miers Material to U.S. Senate."
Posted at 02:10 PM by Howard Bashman




In the November | December 2005 issue of Legal Affairs: Some of the content from the latest issue of the magazine that hosts this blog is now available online.

Law Professor Todd David Peterson has an article headlined "Oh, Behave! Congress's recent efforts to punish federal judges flout the Constitution; it says so in the Good Behavior Clause."

Daniel Brook has an article headlined "A Blueprint for the Future: The federal government has embarked on the biggest courthouse building spree in history, hired the nation's finest architects to do the designing, and touched off a rancorous debate over what the courthouses of tomorrow should look like."

And Lincoln Caplan has an essay entitled "Litmus Tests" that begins, "John Roberts at 50 is the youngest chief justice of the United States since 1801, when John Marshall was confirmed at 45. "
Posted at 12:34 PM by Howard Bashman




"The Long Game: Voting against Harriet Miers might come back to haunt Republican senators." John Hinderaker has this essay online today at The Weekly Standard.
Posted at 12:25 PM by Howard Bashman



"Conservatives Launch 'Withdraw Miers' Website": CNSNews.com provides this report on the web site WithdrawMiers.org.
Posted at 12:18 PM by Howard Bashman



"Scholars as well as judges have recognized that a power to fix statutes substantively would give the Judicial Branch too much leeway to prefer its views about what makes for 'good' laws over those of the Legislative Branch." Seventh Circuit Judge Frank H. Easterbrook issued this interesting opinion on Friday.

Also on Friday, Judge Easterbook issued a separate opinion in which the Seventh Circuit addressed the following argument under the Equal Pay Act of 1963: "that because women earn less than men from private employment, all market wages must be discriminatory and therefore must be ignored when setting salaries."
Posted at 12:10 PM by Howard Bashman




"Bush Won't Release All Miers Records": The Associated Press provides this report.
Posted at 11:25 AM by Howard Bashman



"Abortion: Judges in spotlight; Some worry notification law is too vague to rule on a minor's maturity." This front page article appears today in The Sacramento Bee.
Posted at 09:54 AM by Howard Bashman



"Rubber match: What do you get when you design a condom that men want to use? Sued. Inside the twisted patent battle over prophylactics." Andrew Leonard has this article today at Salon.com.
Posted at 09:50 AM by Howard Bashman



73% of bloggers polled oppose Miers nomination: "The Truth Laid Bear" is conducting a survey of bloggers, and details on how to participate are available here.
Posted at 09:44 AM by Howard Bashman



"Harriet's summer of love!" Jeffrey Toobin has this Talk of the Town item in the October 31, 2005 issue of The New Yorker. And don't overlook his very interesting profile of Justice Stephen G. Breyer, also in this week's magazine (as I previously noted here).
Posted at 07:00 AM by Howard Bashman



"Senators Seek Miers' White House Files; Bipartisan requests to release the records warn that the nominee's confirmation is at stake": This article appears today in The Los Angeles Times.

The Arkansas Democrat-Gazette reports today that "Many legal scholars see Miers tipping balance on Roe."

And The Washington Times reports that "Senators face off on Miers nod."

In commentary, online at OpinionJournal, John Fund has an essay entitled "What Went Wrong: Lessons the White House should learn from the Miers debacle."

In USA Today, Ross K. Baker has an op-ed entitled "Faith hasn't ruled high court justices: Miers' supporters have sold her religion as a credential; History shows that they might be disappointed."

The Arizona Republic contains an editorial entitled "Low point for high court: The Miers nomination is clearly a mistake; it's time for Bush to move on."

The Miami Herald contains an editorial entitled "Caution flags up on Miers nomination; Not enough known of her ability, judicial philosophy."

The Intelligencer of Wheeling, West Virginia contains an editorial entitled "Miers Becoming An Embarrassment."

In The Washington Times, Nat Hentoff has an op-ed entitled "A flawed reading of the Constitution."

And in The Statesman Journal of Salem, Oregon, Ron Eachus has an op-ed entitled "Either president or public will be the loser in Miers debacle."
Posted at 06:54 AM by Howard Bashman



Sunday, October 23, 2005


Lawrence Hurley is reporting: In Thursday's edition of The Daily Journal of California, he had articles headlined "Senators Will Probe Recusal Issue; Nominee's Work as White House Counsel Likely Will Arise" and "Senators To Nominee: Be Forthcoming."
Posted at 11:50 PM by Howard Bashman



"Bush Choice Gets Criticisms Rare for Nominees to Court": This article will appear Monday in The New York Times.

In Monday's edition of Financial Times, Patti Waldmeir reports that "Senators seek more details of Miers' role in war on terror."

The Dallas Morning News on Monday will report that "Senators to scrutinize Miers family land sale; Original award in eminent domain case was 18 times valuation."

And USA Today on Monday will report that "Miers fails to sway skeptical senators."
Posted at 11:30 PM by Howard Bashman




The White House versus The Onion: The New York Times on Monday will contain an article headlined "Protecting the Presidential Seal. No Joke."
Posted at 11:28 PM by Howard Bashman



"Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice." This book, written by Joan Biskupic, will go on sale on Tuesday. Earlier today, I linked here to a review by Law Professor Jeffrey Rosen published today in The Los Angeles Times.
Posted at 08:54 PM by Howard Bashman



"The porn case: Extreme prosecution." The Pittsburgh Tribune-Review contains this editorial today.
Posted at 07:54 PM by Howard Bashman



"Judiciary Panel May Ask Dobson to Testify; Evangelical Leader Says He Has Been Privy to Miers's View": This article will appear Monday in The Washington Post.
Posted at 07:50 PM by Howard Bashman



"This is going to be hard to watch": Today in The St. Petersburg Times, columnist Philip Gailey has an op-ed in which he writes, "The way things have been going, Miers risks not only rejection by the Senate but humiliation by her critics."
Posted at 07:30 PM by Howard Bashman



"Republicans, Democrats confounded by Miers' nomination": James Kuhnhenn of Knight Ridder Newspapers provides this report.

Reuters reports that "Lawmakers say Bush likely to stick with Miers."

And Bloomberg News reports that "Miers's Nomination Hinges on Outcome of Hearing, Senators Say."
Posted at 04:45 PM by Howard Bashman




"So when did our own Sam Brownback get to be a rock star?" So begins an article published today in The Kansas City Star under the headline "In the limelight, he's getting satisfaction; Kansan's growing prominence feeds into his political importance."
Posted at 01:40 PM by Howard Bashman



"Unwise Counsel: Why was the White House so unprepared for the Miers flak?" Glenn Harlan Reynolds has this op-ed today at OpinionJournal.
Posted at 01:38 PM by Howard Bashman



"Dissatisfaction with Miers only increases": The Pittsburgh Post-Gazette contains this news analysis today.

Today in The Orange County Register, Dena Bunis has a news analysis headlined "Miers nomination process has many heads spinning."

The Los Angeles Times reports that "Democrats Keep Mum on Miers Nomination; For now, they are willing to let the Republicans fight among themselves over Bush's court pick."

In The Houston Chronicle, Clay Robison has an essay entitled "A little Texas hindsight into Miers' nomination."

In The Arizona Republic, columnist Doug MacEachern has an op-ed entitled "Harriet Miers, a time bomb for conservative progress."

In The Washington Times, Tom Bray has an op-ed entitled "Judicial philosophy high score."

In The Oakland Tribune, Byron Williams has an op-ed entitled "Cronyism aside, Miers should do her homework."

In The San Francisco Chronicle, Martin F. Nolan has an op-ed entitled "Miers takes the heat as Bush's ratings fall; President's fair-weather friends rise from their armchairs and turn on his nominee."

In The Arkansas Democrat-Gazette, Bradley R. Gitz has an op-ed entitled "Time for a do-over."

And in The News Journal of Wilmington, Delaware, Lorraine Woellert has an op-ed entitled "Big business has lot to like about Miers."
Posted at 01:00 PM by Howard Bashman




"Another elevation from Texas Supreme Court? Nathan Hecht, Harriet Miers' No. 1 fan, may well be a favorite for the federal bench." This article appears today in The Houston Chronicle.
Posted at 12:33 PM by Howard Bashman



"A quest supreme: Is constitutional pragmatism a recipe for restraint or activism; A biography of Supreme Court Justice Sandra Day O’Connor and a book by Justice Stephen Breyer frame the issue -- and the stakes." Law Professor Jeffrey Rosen has this book review today in The Los Angeles Times.
Posted at 12:10 PM by Howard Bashman



"What Miers must show": Law Professor Charles Fried has this op-ed today in The Boston Globe.
Posted at 12:00 PM by Howard Bashman



"Bush and Miers: A Tale of Missteps." Columnist David S. Broder has this op-ed today in The Washington Post.
Posted at 11:58 AM by Howard Bashman



"Schumer: Miers Lacks Votes to Be Confirmed." Hope Yen of The Associated Press provides this report.
Posted at 11:54 AM by Howard Bashman



"Commerce and Religion Collide on a Mountainside": This article appears today in The New York Times.
Posted at 11:50 AM by Howard Bashman



"How To Lose Friends": The October 31, 2005 issue of Time will contain a Notebook item that begins, "Harriet Miers can ill afford to lose any more support."
Posted at 11:42 AM by Howard Bashman



"The Gathering Storm: How Katrina hurt Harriet—and what's next for the embattled high-court nominee." This article will appear in the October 31, 2005 issue of Newsweek.
Posted at 11:40 AM by Howard Bashman



"Sensenbrenner Introduces Legislation Providing For Additional Federal Judgeships and a Realignment of the Ninth Circuit Court of Appeals": The chairman of the House Judiciary Committee issued this news advisory this past Thursday. You can access the text of the Federal Judgeship and Administrative Efficiency Act of 2005 at this link.
Posted at 08:44 AM by Howard Bashman



"Breyer's big idea: The Justice's vision for a progressive revival on the Supreme Court." Jeffrey Toobin will have this "Annals of Law" essay in the October 31, 2005 issue of The New Yorker.
Posted at 08:20 AM by Howard Bashman


Saturday, October 22, 2005


"Miers family received 'excessive' sum in land case": Jack Douglas Jr. and Stephen Henderson of Knight Ridder Newspapers provide a report that begins:
Supreme Court nominee Harriet Miers collected more than 10 times the market value for a small slice of family-owned land in a large Superfund pollution cleanup site in Dallas where the state wanted to build a highway off-ramp.

The windfall came after a judge who received thousands of dollars in campaign contributions from Miers' law firm appointed a close professional associate of Miers and an outspoken property-rights activist to the three-person panel that determined how much the state should pay.

And in related coverage, The Associated Press provides an article headlined "Report: Texas Overpaid Miers in Land Sale."
Posted at 10:50 PM by Howard Bashman



"After prisoner's abortion, Blunt expresses frustration": The St. Louis Post-Dispatch contains this article today.

And The Kansas City Star reports today that "Inmate in Missouri receives abortion."
Posted at 10:44 PM by Howard Bashman




"Court Nominee Backed Minority Program for Bar Leadership": This article will appear Sunday in The New York Times.
Posted at 09:12 PM by Howard Bashman



Controversy over how Supreme Court Justices are selected, in Kansas: The Topeka Capital-Journal today reports that "Selection of justices up in air; Committee sends matter to Legislature."

And The Lawrence Journal-World reports today that "Judicial selection question up in air."
Posted at 09:05 PM by Howard Bashman




The Honolulu Advertiser is reporting: Today's newspaper contains articles headlined "Dozing juror fails to bring new trial" and "Akaka bill remains on back burner."
Posted at 08:50 PM by Howard Bashman



"New justices' stances on schools unknown; Court may soon hear cases on issues including prayer, military recruitment": The UCLA Daily Bruin published this article earlier this month.
Posted at 08:45 PM by Howard Bashman



"To defend academia, keep fighting Solomon": This editorial appeared yesterday in The Yale Daily News.

Earlier this week, the American Forces Press Service reported that "Supreme Court to Hear Case on Military Recruiters' Access to Colleges."

The Harvard Crimson earlier this month reported that "Experts Debate Army Recruiters; Two law professors argue the constitutinality of the Solomon Amendment."
Posted at 08:35 PM by Howard Bashman




"Newsview: Miers Backers Having Tough Time." The Associated Press provides this report.
Posted at 03:03 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Weekend Edition - Saturday" contained a segment entitled "Do High Court Justices Need Term Limits?" (featuring Stuart Taylor Jr.).

And yesterday's broadcast of "All Things Considered" contained a segment entitled "Doubts Arise Over Miers' Readiness for Hearings" (featuring Nina Totenberg).

RealPlayer is required to launch these audio segments.
Posted at 02:24 PM by Howard Bashman




"U.S. appeals court denies RIM's request; Company wants Supreme Court to review patent infringement case": This article appears today in The Toronto Globe and Mail.

The New York Times reports today that "Federal Appeals Court Refuses to Impede BlackBerry Lawsuit."

And Reuters reports that "RIM ruling risks US Blackberry shutdown."
Posted at 02:14 PM by Howard Bashman




"Anti-abortion mother got teacher ousted": The Sacramento Bee today contains a front page article that begins, "The mother of a Loretto High School student obtained photographs that exposed a drama teacher as a former Planned Parenthood volunteer, a revelation that led to the teacher's firing last week. It wasn't the first time Wynette Sills raised her anti-abortion views on the all-female, private Catholic campus."
Posted at 11:44 AM by Howard Bashman



"Miers falls flat with scholars; Experts cite an error that might be a misunderstanding of constitutional law or perhaps a 'brain freeze'": This article appears today in The St. Petersburg Times.

The Chicago Tribune reports today that "Miers' ex-firm paid in malpractice suits; Law firm she led settled 3 claims for at least $30 million."

Holly Yeager and Patti Waldmeir of Financial Times report today that "Miers nomination 'relaunch' fails to pacify conservatives."

The Dallas Morning News contains articles headlined "Voting rights fight a Miers highlight; Her stance evolved as she considered new information, circumstances"; "Business leaders say Miers would add new perspective"; and "Ex-Texas bar chiefs back Miers; They travel to D.C. to indicate support for troubled nomination."

The Houston Chronicle reports that "Former bar chiefs from Texas defend Miers' attributes; White House denies nominee will end courtesy calls to senators to focus on hearings."

The Fort Worth Star-Telegram reports that "Texas lawyers travel to D.C. to support Miers."

The Lafayette (La.) Daily Advertiser reports that "Locals weigh in on Miers."

The State Journal-Register of Springfield, Illinois reports that "Schlafly speaks to local group, criticizes Miers."

And The Lawrence (Kan.) Journal-World reports that "Students protest against Miers."

In commentary, online at OpinionJournal, Melanie Kirkpatrick has an essay entitled "'I Don't Think She's Going to Be Withdrawn': Arlen Specter talks about the Harriet Miers nomination."

In The Washington Times, Terence P. Jeffrey has an op-ed entitled "Self-imposed Borking." And Wesley Pruden has an essay entitled "Maybe it's time for a little peace."

And in The Austin American-Statesman, columnist Bruce Hight has an op-ed entitled "If Miers falters, what Texan might step up?"
Posted at 11:40 AM by Howard Bashman




"Defending The Indefensible": Tomorrow in The Washington Post, columnist George F. Will will have an op-ed that begins, "Such is the perfect perversity of the nomination of Harriet Miers that it discredits, and even degrades, all who toil at justifying it. Many of their justifications cannot be dignified as arguments. Of those that can be, some reveal a deficit of constitutional understanding commensurate with that which it is, unfortunately, reasonable to impute to Miers. Other arguments betray a gross misunderstanding of conservatism on the part of persons masquerading as its defenders."
Posted at 11:38 AM by Howard Bashman



"Harsher gay-sex sentence rejected; 'Romeo and Juliet' exemption struck": This article appears today in The Kansas City Star.

And The Topeka Capital-Journal today contains an article headlined "Court's 'Romeo and Juliet' ruling criticized; Lawmakers want restraints placed on justices" that begins, "The Kansas Supreme Court on Friday continued to receive bad reviews from state lawmakers, fueling more calls to put limits on its power. On the heels of a new decision in a high-profile sodomy case, two high-ranking state lawmakers criticized the court for sending mixed messages over the past year. They also said the justices are infringing on the Legislature's turf."
Posted at 10:00 AM by Howard Bashman




The Los Angeles Times is reporting: David G. Savage reports that "Miers' Answer Raises Questions; Legal experts find a misuse of terms in her Senate questionnaire 'terrible' and 'shocking.'"

And Maura Reynolds reports that "Conservative Organizes Campaign Against Nominee."
Posted at 09:50 AM by Howard Bashman



Friday, October 21, 2005


"Bias Ruled in Law On Same-Sex Rape; Court Cites Inequities in Kansas Statute": Charles Lane will have this article Saturday in The Washington Post.

And Saturday in The New York Times, Adam Liptak will report that "Kansas Law on Gay Sex by Teenagers Is Overturned."
Posted at 11:50 PM by Howard Bashman




"Insiders see hint of Miers pullout": Saturday's edition of The Washington Times will contain this article.

Saturday's edition of The Chicago Tribune will report that "Judiciary Committee interested in malpractice suits at Miers' firm."

And The Washington Post on Saturday will report that "Miers Is Asked About Role in '98 Campaign."
Posted at 11:44 PM by Howard Bashman




Perhaps elitist judges look better in those wigs? The blog "Have Opinion, Will Travel" has a post titled "Elitism in appointing British-judges?" that links to an article headlined "Oxbridge 'advantage' for judges; The Lord Chancellor denies being influenced by the educational background of candidates for the Bench" published in yesterday's edition of The Times of London.
Posted at 10:54 PM by Howard Bashman



"Commentary: The Court's caseload." Lyle Denniston has this post online at "SCOTUSblog."
Posted at 10:50 PM by Howard Bashman



"Confrontation with judges is looming in the US and Britain; Like the hapless George Bush, New Labour is heading for a crisis over judicial appointments": Martin Kettle has this comment in Saturday's edition of The Guardian (UK).
Posted at 10:44 PM by Howard Bashman



"Texas Senator Takes Exception to Criticism of Supreme Court Nominee's Record": This article will appear Saturday in The New York Times.

The Washington Post on Saturday will contain a front page article headlined "Miers Backed Race, Sex Set-Asides; She Made Diversity A Texas Bar Goal."

And The Dallas Morning News on Saturday will contain articles headlined "Miers uses Dallas example of decision-making; Her stance evolved as she considered new information, circumstances" and "GOP senator hosts Texas gathering in show of support for Miers."
Posted at 10:40 PM by Howard Bashman




Available online from law.com: T.R. Goldman reports that "White House Wants a High Court Justice Who Won't 'Go Souter.'"

In related news, "Miers' Nomination May Be a Mixed Blessing for Locke Liddell."

And an article reports that "Liberal 9th Circuit Panel Scoffs at Abortion Law."
Posted at 10:32 PM by Howard Bashman




Life may be a highway, but a certain gravel road in the Great Dismal Swamp National Wildlife Refuge is not, the U.S. Court of Appeals for the Fourth Circuit rules: Circuit Judge J. Michael Luttig issued this opinion today on behalf of a unanimous three-judge panel, which included U.S. District Judge James C. Dever III, sitting by designation.
Posted at 05:23 PM by Howard Bashman



"'Rudderless White House' Fights Miers' Choppy Seas": This news analysis appears today in The Los Angeles Times.

Today in The Washington Post, Al Kamen's "In the Loop" column is headlined "Miers's Long-Ago Federalist Slap Still Stings."

The Milwaukee Journal Sentinel reports that "Kohl hears plea to look at Miers' present, instead of past; Don't overplay views in 1989 abortion survey, nominee tells senator."

The Rocky Mountain News reports that "Miers leaves Salazar empty-handed; Supreme Court nominee still mystery after talking with senator for an hour."

The Denver Post reports that "Miers 'still mystery' to Salazar; The senator says his visit with Bush's Supreme Court pick leads him to foresee a difficult decision."

The Austin American-Statesman reports that "Miers not alone in forgetting to pay dues; Senators have asked Miers to clarify information about the suspension of her D.C. law license."

The Houston Chronicle reports that "Bush insists Miers will win over Senate critics; A 'clear picture' of her competence will emerge from hearings, he says."

The Fort Worth Star-Telegram reports that "Leaders of Texas, Dallas bar associations lobby for Miers."

The Minneapolis Star Tribune reports that "Minnesotans conflicted on court nominee." And an editorial is entitled "What's up with Harriet Miers?"

In other commentary, yesterday in The New York Times, columnist Maureen Dowd had an op-ed entitled "Naughty Harry: Lawyering Without a License" (TimesSelect, but now freely available here).

In The Washington Times, Bruce Fein has an op-ed entitled "A flunking quiz grade."

The St. Petersburg Times contains an editorial entitled "Miers' omissions: If Supreme Court nominee Harriet Miers cannot be candid with the Senate Judiciary Committee, she does not deserve to be confirmed."

The Palm Beach Post contains an editorial entitled "Miers flunks first test."

The Atlanta Journal-Constitution contains an editorial entitled "Miers' slate too clean; Inadequate answers to lawmakers' questions intensify doubts about Supreme Court nominee's qualifications." And James Dobson has an op-ed entitled "We need judges like Miers."

The Louisville Courier-Journal contains an editorial entitled "Nomination follies."

The Republican of Springfield, Massachusetts contains an editorial entitled "Nomination of Miers has got to get on track."

In The News & Observer of Raleigh, North Carolina, Myles Friedman has an op-ed entitled "Why Miers worries me so much."

And in The Cornell Daily Sun, Jamie Weinstein has an op-ed entitled "Mired in Miers."
Posted at 04:50 PM by Howard Bashman




"Justice helps reopen school": The Fort Worth Star-Telegram today contains an article that begins, "U.S. Supreme Court Justice Anthony Kennedy called the nation's legal system, with its law schools and their students, a 'great natural resource' that is the 'envy of the world,' but one that must be nurtured. Kennedy was the keynote speaker Thursday at the dedication of the $6.5 million renovation of the Texas Wesleyan University School of Law. He spoke at Bass Hall, then attended a ribbon-cutting at the school."

More details are available here, via the law school's web site.
Posted at 04:25 PM by Howard Bashman




"Judges skeptical on abortion-curb law; A 9th Circuit appeals panel questions Congress' power to block the surgery to preserve a woman's health" Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.
Posted at 04:20 PM by Howard Bashman



"Bets off on Miers confirmation? Things don't look rosy for Supreme Court nominee based on online bidding." CNN/Money provides this report.
Posted at 04:12 PM by Howard Bashman



"Miers panel to hear 'explosive testimony'? Gag order lifted for ex-lottery boss claiming Miers kept 'lid' on Bush Guard controversy." WorldNetDaily.com provides this report.
Posted at 04:08 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Mo. Inmate at Center of Case Gets Abortion"; "RIM's Request Denied by Appeals Court"; and "Groups O.K. With Miers' Girls, Inc. Work."
Posted at 03:58 PM by Howard Bashman



"Slate's Moneybox: Miers' Personal Finances." This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:54 PM by Howard Bashman



"Senatorial Duties": National Review Online has this afternoon posted an editorial that begins, "Five days into White House 'qualifications week' in making the case for Harriet Miers her nomination is looking weaker rather than stronger."
Posted at 03:24 PM by Howard Bashman



Fifth Circuit Judge Priscilla R. Owen exists! Liberal meteorologists take note -- it'll require more than a hurricane or two to end the federal judicial career of Fifth Circuit Judge Priscilla R. Owen, a point she demonstrates today by issuing her first two published opinions of that court (see here and here). It appears that she's still trying to decide how to identify herself when she's the author of a published opinion. I like the full name approach myself, so that she won't be confused for the other Judge Owen or Judge Owens.
Posted at 02:55 PM by Howard Bashman



Maybe the dissenters will wear grief buttons lamenting the obliteration of the Antiterrorism and Effective Death Penalty Act's standards that federal courts must apply to state criminal convictions in habeas cases? Over the dissent of seven active judges, the U.S. Court of Appeals for the Ninth Circuit today denied rehearing en banc in a case in which the divided three-judge panel's opinion begins:
At a murder trial in which the central question is whether the defendant acted in self-defense, are a defendant's constitutional rights violated when spectators are permitted to wear buttons depicting the deceased individual? We conclude that under clearly established Supreme Court law such a practice interferes with the right to a fair trial by an impartial jury free from outside influences.
Circuit Judge Stephen Reinhardt wrote the panel's majority opinion.

Update: Orin Kerr says this case appears to be a good candidate for review by the U.S. Supreme Court.
Posted at 02:40 PM by Howard Bashman




"Inadequate, Insufficient And Insulting": Online at cbs4denver.com, CBS News legal analyst Andrew Cohen today has an essay that begins, "President George W. Bush is getting the political headache he deserves for nominating White House counsel Harriet Miers to the United States Supreme Court."
Posted at 01:04 PM by Howard Bashman



"Breyer Patch of Jurisprudence Focuses on Pragmatism": Brent Kendall of The Daily Journal of California has this very interesting "Supreme Court Notebook" article today in that publication. Among other things, the article discusses of recent U.S. Supreme Court Justice bobblehead doll auctions.
Posted at 01:00 PM by Howard Bashman



In today's edition of The New York Sun: Brian McGuire has an article headlined "Miers Nomination Faces New and Urgent Troubles" (pass-through link) that begins, "The Supreme Court nomination of White House counsel Harriet Miers faced new and urgent troubles yesterday, with speculation mounting throughout the day that at least one conservative Republican senator had made an unsuccessful attempt at getting the White House to withdraw Ms. Miers's name altogether."

And Josh Gerstein has an article headlined "Appeals Court Upholds Use of Race in School Admissions" (pass-through link).
Posted at 12:15 PM by Howard Bashman




"No Privilege for Miers": Law Professor Stephen Gillers will have this essay in the November 7, 2005 issue of The Nation.

At National Review Online, Rich Lowry has an essay entitled "Too Stealth: The Miers nomination might be the most catastrophic political miscalculation of the Bush presidency."

And online at The New Republic, Law Professor William J. Stuntz has an essay entitled "Change Agents: Dan Quayle's nomination changed the vice presidency for the better; Harriet Miers's selection will do the same for the Supreme Court." And Franklin Foer has an essay entitled "Thought Experiment: What conservatives really think of Bush" (pass-through link).
Posted at 12:05 PM by Howard Bashman




"Miers Will Keep Visiting Senators": Jesse J. Holland of The Associated Press provides this report.
Posted at 12:00 PM by Howard Bashman



BREAKING NEWS -- "The Supreme Court [of Kansas] today unanimously ruled that the so-called Kansas 'Romeo and Juliet' statute, which specifies significantly less punishment for unlawful sex acts between heterosexual minors compared to same sex acts involving minors, violates the equal protection clause of the 14th Amendment": You can access today's ruling of the Supreme Court of Kansas in State v. Limon at this link. That court also issued this summary of the ruling.

In early press coverage, The Associated Press reports that "Kan. Court Nixes Illegal Gay Sex Ruling."
Posted at 11:55 AM by Howard Bashman




Yesterday's rulings of note from the U.S. Court of Appeals for the First Circuit: Federal judges who don't like being bossed around by L. Ralph Mecham, Director, Administrative Office of the United States Courts, now have additional reason for concern, as a unanimous three-judge First Circuit panel yesterday ruled that Mr. Mecham is the sovereign. The ruling is bad news for a U.S. Magistrate Judge who sued in federal court after Mr. Mecham rejected the Magistrate Judge's application to participate in the Judicial Survivors' Annuities System.

And in a second ruling of note, the First Circuit yesterday resolved the question "under what circumstances should an excited utterance made to a police officer (in this case, a 911 operator) be considered testimonial?" The opinion begins:

In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court barred the admission of testimonial hearsay in a criminal case under circumstances in which the accused has not had an opportunity to cross-examine the declarant. This ruling effected a sea change in the jurisprudence of the Confrontation Clause -- but the Court left open the parameters of testimonial hearsay, and so its ruling produced a miasma of uncertainty.
The opinions of the court in both cases were written by Circuit Judge Bruce M. Selya.
Posted at 11:40 AM by Howard Bashman



Access online the audio from yesterday's Ninth Circuit oral argument of an appeal from an order holding the federal Partial-Birth Abortion Ban Act of 2003 unconstitutional: You can download the audio in Windows Media format via this link.
Posted at 10:50 AM by Howard Bashman



"Miers Nomination Divides Conservatives": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:28 AM by Howard Bashman



Another Sixth Circuit nominee from Michigan appears headed toward U.S. Senate confirmation: Yesterday, the Senate Judiciary Committee favorably reported to the full Senate the nomination of Susan Bieke Neilson to serve on the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:25 AM by Howard Bashman



"Miers Firm Received Bush Campaign Payments": The Associated Press provides this report.
Posted at 10:12 AM by Howard Bashman



"This case involves a dispute over Mario Andretti's right of publicity." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:10 AM by Howard Bashman



On yesterday evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Business Groups Silent on Miers" and "Miers Is Right for the Supreme Court" (RealPlayer required).
Posted at 08:45 AM by Howard Bashman



"Justice Dept. seeks to have abortion ban reinstated; 3 federal judges have already ruled prohibition unconstitutional": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The San Jose Mercury News, Howard Mintz has an article headlined "Court reviews abortion decision; Legal challenge to U.S. ban on late-term procedure."
Posted at 07:28 AM by Howard Bashman




"Lockyer Has 'Concern' on Possible High Court Pick; A spokesman says the attorney general has reservations about rulings made by 3rd District Court of Appeal Justice Vance Raye": Today in The Los Angeles Times, Maura Dolan has an article that begins, "California Atty. Gen. Bill Lockyer, one of three members of a judicial confirmation panel, has expressed 'concern' about the legal rulings of one of two candidates Gov. Arnold Schwarzenegger is considering for an open slot on the California Supreme Court, Lockyer's spokesman said Thursday."
Posted at 07:24 AM by Howard Bashman



"Supreme Court justice talks about women's struggles to advance in the law": The Herald-Standard of Uniontown, Pennsylvania contains this article today. Yesterday in this post, I linked to online video of Justice Ruth Bader Ginsburg's remarks.
Posted at 07:15 AM by Howard Bashman



"West Point honors O'Connor": This article appears today in The Times Herald-Record of Middletown, New York.
Posted at 07:10 AM by Howard Bashman



"Miers: The Only Exit Strategy." Columnist Charles Krauthammer has this op-ed today in The Washington Post.
Posted at 07:05 AM by Howard Bashman



"Deferential Calculus": Today in The New York Times, Dahlia Lithwick has an op-ed that begins, "Of all the mysteries surrounding President Bush's nomination of Harriet Miers to the Supreme Court, possibly the biggest is this: How could a man who got it so right with John Roberts get it so wrong with Ms. Miers?"

And that newspaper today also contains an op-ed by Judge Morris B. Hoffman entitled "Ruling From the Head, Not the Heart."
Posted at 07:02 AM by Howard Bashman




Available online at OpinionJournal: The Wall Street Journal today contains an editorial entitled "The Miers Blunder: Walking the nominee into a political crossfire." The editorial's closing words are: "Bad things happen when a President decides that 'diversity,' personal loyalty and stealth are more important credentials for the Supreme Court than knowledge of the Constitution and battle-hardened experience fighting the judicial wars of the past 30 years."

And John Fund has an essay entitled "Lotto Trouble: The Miers nomination pits a Swift Boat author against a Bush National Guard detractor--in reverse."
Posted at 07:00 AM by Howard Bashman




"Schools May Use Student Race as a Factor; An appeals court OKs Seattle's policy for high school admissions; A parents group plans to take its case to the Supreme Court": The Los Angeles Times contains this article today.

The Seattle Post-Intelligencer reports today that "Seattle schools' racial policy upheld; Critics of use of race in admissions plan to appeal."

And The Seattle Times reports that "Racial tiebreaker will stand."

Yesterday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed here.
Posted at 06:50 AM by Howard Bashman



Thursday, October 20, 2005


"Team Is Preparing Nominee for Tough Senate Hearing": This article will appear Friday in The New York Times.

The Washington Post on Friday will contain a news analysis headlined "After the Home Run, a White House Balk? Handling of Miers Nomination Cannot Stand Up to Ease of Roberts Approval."

The Washington Times reports that "Miers to end her visits with senators."

The Dallas Morning News on Friday will report that "In Miers nomination, Bush was looking for 'fresh outlook'; President says her lack of experience has largely caused debate."

Friday's edition of The Guardian (UK) contains an article headlined "Embarrassing setback for Bush's nominee: Problems mount over supreme court candidate; Senate queries 'insulting' answers to questionnaire."

And The Milwaukee Journal Sentinel on Friday will contain an editorial entitled "Time to prove qualifications."
Posted at 11:00 PM by Howard Bashman




"O'Connor Calls for Clearer Detainee Rules": The Associated Press provides this report.
Posted at 10:55 PM by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "How to Build a Top Supreme Court Practice: Having a headliner like Seth Waxman can help, but it's not the only recipe for success" and "Roberts Dips Toe Into Cert Pool."

An article is headlined "Texas Justices to Nation: We Love Miers and So Should You."

In other news, "2nd Circuit Steps Into Fight Over Jesus Image on Student Poster."

And an article reports that "9th Circuit Panel Fumes Over Forced Medication."
Posted at 10:45 PM by Howard Bashman




Available online at Slate: Dahlia Lithwick has a low concept essay entitled "Makeup Test: A questionnaire Harriet Miers can answer."

Emily Bazelon has a jurisprudence essay entitled "Stand Down: Miers signals to the right, uselessly."

And John Dickerson has an essay entitled "A Friend in Need: Is it cruel for Bush to support Miers at all costs?"
Posted at 06:10 PM by Howard Bashman




"Ruth Bader Ginsburg to visit WVU College of Law Thursday": If, like me, you forgot all about this event until now, and thus missed the live webcast of her speech, you can view video of the speech online, on demand by clicking here (Windows Media Player required).
Posted at 05:40 PM by Howard Bashman



"Society of Doom? Despite what you may have heard, there's nothing bad about the Federalist Society." Dean Barnett has this essay online at The Weekly Standard.
Posted at 05:28 PM by Howard Bashman



Reports issued earlier this week by the Congressional Research Service: I've posted online reports titled "Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2005" and "The Retirement of Justice O'Connor: Quorum Requirements, Rehearings and Vote Counts in the Supreme Court."
Posted at 05:25 PM by Howard Bashman



Grilled Katsas: Howard Mintz of The San Jose Mercury News provides an update headlined "Appeals court hears arguments on partial birth abortion ban; Three Justices appear inclined to agree ban is unconstitutional."

And Bob Egelko of The San Francisco Chronicle provides a news update headlined "Bush administration wants ban on abortion procedure reinstated."
Posted at 05:20 PM by Howard Bashman




Whenever there's a line, he's last in line, even for the cafeteria: So said Justice Stephen G. Breyer about the role of the junior Justice, in a lengthy interview with Terry Gross entitled "'Active Liberty' from Justice Stephen Breyer" (RealPlayer required) that appeared on today's broadcast of "Fresh Air from WHYY."
Posted at 05:14 PM by Howard Bashman



"Bush says Miers to cooperate in confirmation bid": Thomas Ferraro of Reuters provides this report.

And Jesse J. Holland of The Associated Press reports that "Quick Miers Hearings Unlikely for Senate."
Posted at 05:08 PM by Howard Bashman




"Bench Play: Harriet Miers and the troubled Texas Lottery." This article is the cover story in the current issue of The Texas Observer.
Posted at 05:00 PM by Howard Bashman



"Miers Says 1989 Anti-Abortion Stance Not a Clue to Vote on Roe": Bloomberg News provides this report.
Posted at 04:55 PM by Howard Bashman



"The Miers Support Team: Gloomy and Demoralized: Now they're discussing stopping her visits to the Senate." Within the past hour, National Review Online has posted this essay by Byron York.
Posted at 04:54 PM by Howard Bashman



"Slate's Politics: Senate Asks Miers for a 'Do-Over.'" This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:08 PM by Howard Bashman



"Miers and Her Money: A psycho-financial analysis of the Supreme Court nominee." Henry Blodget has this moneybox essay online at Slate.
Posted at 03:05 PM by Howard Bashman



Seventh Circuit holds that federal district court should not have sent junk fax class action back to state court, where it was originally filed, because federal court jurisdiction exists under the Class Action Fairness Act of 2005: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit, written by Circuit Judge Frank H. Easterbrook, at this link.
Posted at 03:00 PM by Howard Bashman



"Bush: Miers Will Reassure Senate Skeptics." Jesse J. Holland of The Associated Press provides this report. A transcript of the President's remarks can be accessed here.
Posted at 02:45 PM by Howard Bashman



"Appeals court upholds Seattle's use of race in school admissions": The Associated Press provides this report on today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:40 PM by Howard Bashman



"Truth be told: Hey Harriet, We have a few questions for you." You can access here the recent Dallas Observer item referenced today in Robert Novak's op-ed entitled "Vulnerable Miers might not survive."
Posted at 12:44 PM by Howard Bashman



She's her best-est boss ever! The Bloomington (Ill.) Pantagraph today contains an article headlined "Lawyer takes hometown values with her to White House post" that begins, "White House lawyer Jennifer Brosnahan says growing up in Bloomington-Normal has helped keep her grounded in the hectic world of Washington, D.C., where she works in the office of Supreme Court nominee Harriet Miers."
Posted at 12:00 PM by Howard Bashman



"Parents Cast Fight as Sexual vs. Religious Tolerance; A Massachusetts father is a hero to people angry at what they call schools' 'gay agenda'": This article appears today in The Los Angeles Times.
Posted at 11:30 AM by Howard Bashman



"Senators Assail Miers's Replies, Ask for Details": The Washington Post contains this front page article today.

The New York Times today contains an editorial entitled "The Trouble With Harriet."

In The Los Angeles Times, Maura Reynolds and Janet Hook have an article headlined "Senators Reject Miers' Replies to Questions; Bush's nominee to the Supreme Court hits a new snag as lawmakers of both parties say she has not fully answered their written queries." David G. Savage and Maura Reynolds have an article headlined "With Miers, Dormant Issue of Religion on High Court Blooms." And an editorial entitled "Selling Harriet Miers" begins, "If Harriet E. Miers were a soft drink, she would be New Coke: a carefully marketed product that no one is buying."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Senators demand details from Miers." In related coverage, "Miers omitted prior business interest on Senate questionnaire." And an editorial is entitled "The Harriet Miers mysteries."

In The Chicago Sun-Times, columnist Robert Novak has an op-ed entitled "Vulnerable Miers might not survive." And columnist Lynn Sweet has an op-ed entitled "The deafening silence on Miers."

The Fort Worth Star-Telegram contains articles headlined "Miers had mixed record at agency" and "Ex-group heads praise Miers." In addition, columnist Linda P. Campbell has an op-ed entitled "The whole legal enchilada."

The Austin American-Statesman contains an article headlined "Senators to Miers: Flesh out answers; Supreme Court nominee's replies to questionnaire said to be inadequate."

Newsday reports that "Miers amends questionnaire; Supreme Court nominee adds more information following Senate protests of incomplete answers." Columnist James P. Pinkerton has an op-ed entitled "Senate sets its traps for court nominee." And columnist Sheryl McCarthy has an op-ed entitled "Abortion rights facing multiple attacks."

The Seattle Post-Intelligencer reports that "Kristol brings case against Miers to town; Conservative decries Bush pick."

The Dallas Morning News reports that "Senators call on Miers to revisit questionnaire; She promises 'additional materials' after some assail her responses."

In The Boston Globe, Charlie Savage reports that "Panelists demand more data from Miers; Specter, Leahy say questionnaire replies were 'insufficient.'"

The Pittsburgh Post-Gazette reports that "Panel tells Miers to try again; Responses so far called 'inadequate.'"

The Cincinnati Enquirer today contains articles headlined "Bunning says he's undecided about Miers; Kentucky senator will await Judiciary Committee's hearings" and "Miers: Who needs another ineffectual intellectual?"

The New York Sun contains an article headlined "'Chaotic' Is How Specter Sees Miers Process."

The Rocky Mountain News reports that "Salazar to ask nominee Miers about position on precedence; Issue played role in recent vote for Chief Justice Roberts."

USA Today reports that "Senators criticize Miers for 'inadequate' answers; Confirmation hearings set to begin Nov. 7." And Law Professor Vincent Johnson has an op-ed entitled "Old columns by Miers reveal support for diversity, needy."

The Houston Chronicle reports that "Committee not satisfied with Miers' responses; Some experts say senators' request for deeper answers means nomination may be sinking."

The St. Petersburg Times reports that "Unhappy senators demand more from Miers; They ask for details of her cases, copies of her written documents and an explanation for her bar suspension this year."

The Washington Times reports that "Miers asked to flesh out answers."

The Sioux City Journal reports that "Grassley blasts conservative critics of court nominee."

The Toledo Blade contains an editorial entitled "A nomination in trouble."

The Birmingham News contains an editorial entitled "The latest on Harriet Miers."

The Rutland Herald contains an editorial entitled "Selling of a justice."

In The Wilmington News Journal, Charles Brandt has an op-ed entitled "Miers could be political mole in court."

In The The Free Lance-Star of Fredericksburg, Virginia, Michael A. Babcock has an op-ed entitled "What a shame: Miers' nomination deprives right of blood sport."

And in The Philadelphia Inquirer, Jane Eisner has an op-ed entitled "Right to ask - and know."
Posted at 11:23 AM by Howard Bashman




"3rd Circuit to decide video porn boundaries": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review today contains articles headlined "Porn world eyes Pittsburgh" and "Porn case turns on delivery, not content."

The trial court's ruling, which is now before a three-judge panel of the U.S. Court of Appeals for the Third Circuit, can be viewed at this link. And my preview of yesterday's oral argument can be accessed here.
Posted at 11:15 AM by Howard Bashman




"Judiciary Panel Wants More Answers from Miers": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:10 AM by Howard Bashman



She insults them; they insult her: Today in The San Francisco Chronicle, Carolyn Lochhead has an article that begins:
Supreme Court nominee Harriet Miers flunked her first test before the Senate Judiciary Committee by providing "incomplete" and "inadequate" responses to her questionnaire, committee Chairman Arlen Specter, R-Pa., and ranking Democratic Sen. Patrick Leahy said Wednesday.

Known for her meticulousness and near obsessive attention to detail, Miers, for example, gave one-word answers to two-part questions, Leahy said, adding that some senators were "insulted" by her answers.

After viewing yesterday's press conference (RealPlayer required) held by the ranking leaders of the Senate Judiciary Committee, I couldn't help but conclude that these Senators (and, no doubt, many others) are having a difficult time taking the nomination of Harriet Miers seriously. Only time will tell who gets the last laugh.
Posted at 08:45 AM by Howard Bashman



"U.S. Appeals Court To Hear Abortion Arguments Thursday": Bay City News Wire provides this report on today's oral argument before the U.S. Court of Appeals for the Ninth Circuit. I recently previewed the oral argument in a post that you can access here.

A similar appeal is pending in the Second Circuit, where oral argument (RealPlayer required) occurred earlier this month. Both the Second and Ninth Circuits are playing catch-up with the Eighth Circuit, which has already affirmed a trial court's order striking down as unconstitutional the federal Partial-Birth Abortion Ban Act of 2003. Audio of the Eighth Circuit's oral argument can be accessed via this link. My coverage of the Eighth Circuit's ruling, from July 2005, is here. And the federal government's pending petition for writ of certiorari, asking the U.S. Supreme Court to review and overturn the Eighth Circuit's ruling, can be accessed here (or here in HTML, if you'd like to see the question presented).
Posted at 08:20 AM by Howard Bashman




"Splitting the anti-abortion base: In the fight to overturn Roe vs. Wade, there are legal purists and moral purists; And Bush can't afford to please both." Dahlia Lithwick has this op-ed today in The Los Angeles Times.
Posted at 08:15 AM by Howard Bashman



"Christian Families Sue Over School's Islam Role-Playing": Today in The New York Sun, Josh Gerstein has an article that begins, "A federal appeals court here heard arguments yesterday that a public school's effort to acquaint students with Islam went too far by having the students don Islamic dress, recite phrases from the Koran, and mimic the fasting associated with the Muslim observance of Ramadan."

And today in The San Francisco Chronicle, Bob Egelko reports that "Lessons on Muslims called indoctrination; 2 students, parents appeal ruling by federal judge."

Once the U.S. Court of Appeals for the Ninth Circuit posts the audio from yesterday's oral argument online, I'll update this post to add a link to that audio file.
Posted at 07:50 AM by Howard Bashman



Wednesday, October 19, 2005


"Miers Is Asked to Redo Reply to Questions": This article will appear Thursday in The New York Times.

Thursday in The Chicago Tribune, Jan Crawford Greenburg will report that "Senate Judiciary Committee asks Miers for more details." In addition, an article will report that "Miers doesn't report prior business interest on questionnaire."

And The Dalls Morning News on Thursday will report that "Senators find Miers' questionnaire lacking; Nominee promises 'additional materials' after some take offense."
Posted at 10:33 PM by Howard Bashman




Available online from law.com: Marcia Coyle has an article headlined "More Fuel Added to Debate Over Federal Habeas Review; New data, new bill intensify the exchange."

And an article headlined "9th Circuit Reversal of Murder Conviction Prompts Colorful Dissent" reports on this decision issued yesterday.
Posted at 10:30 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senate Panel Presses Miers on Background" and "Miers Nomination Blurring Party Lines" (RealPlayer required).
Posted at 10:25 PM by Howard Bashman



"Could it be...Satan!!" The latest appellate iteration of the Procter & Gamble versus Amway spat today produced a lengthy opinion from the U.S. Court of Appeals for the Tenth Circuit. Of course, hockey fans know that Satan can now be found on the New York Islanders.
Posted at 10:20 PM by Howard Bashman



"Promissory Notes: How election-by-questionnaire is threatening independent judges." Bert Brandenburg has this jurisprudence essay online at Slate.
Posted at 09:54 PM by Howard Bashman



"Justice Breyer on Supreme Court's Role": Friend of "How Appealing" Jan Crawford Greenburg, who covers the U.S. Supreme Court for The Chicago Tribune, had this very interesting interview (transcript with link to audio) on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 08:50 PM by Howard Bashman



"As part of Justice Ruth Bader Ginsburg's visit to West Virgnia University and the College of Law, she presents the Edward G. Donley Memorial Lecture": Details here. And you can watch the lecture live online, beginning at 2 p.m. eastern time tomorrow, via this link.
Posted at 08:44 PM by Howard Bashman



Gregg Easterbrook guilty of cronyism when it comes to his preferred U.S. Supreme Court nominee: The blog "Underneath Their Robes" offers a post titled "Courthouse Forum: Gregg Easterbrook!" Or is it not cronyism if the preferred nominee is overqualified for the job?
Posted at 08:42 PM by Howard Bashman



"Sens.: Aides don’t speak for us on Miers." This article will appear Thursday in The Hill.
Posted at 08:40 PM by Howard Bashman



"Gonzales: Hispanic High Court Nom Inevitable." The Associated Press provides this report. You can access the text of the Attorney General's remarks here.
Posted at 08:38 PM by Howard Bashman



"Senators call Miers' answers inadequate, demand more details": James Kuhnhenn of Knight Ridder Newspapers provides this report.

Reuters reports that "US Supreme Court nominee advocated asbestos fund."

The Associated Press provides a report headlined "Newsview: Strategy on Miers Backfiring."

And Ann Coulter's latest essay is entitled "Who was the 2nd choice?"
Posted at 07:11 PM by Howard Bashman




It all depends on what you mean by the terms "detail" and "oriented": The blog "Think Progress" offers a post titled "Miers Also Suspended from Texas Bar." Background is available here.
Posted at 07:00 PM by Howard Bashman



"Social Conservatives React to Miers' Abortion Views": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:08 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Senators Say Miers' Answers Insufficient." C-SPAN provides this related video clip (RealPlayer required). Via National Review Online, you can access the Senate Judiciary Committee's follow-up questions at this link.

And in other news, "Senate Bill Would Blunt Property Ruling."
Posted at 04:30 PM by Howard Bashman




"Some requests for the Chief": At "SCOTUSblog," Lyle Denniston provides this report on a letter that the The Reporters Committee for Freedom of the Press sent earlier this month to Chief Justice John G. Roberts, Jr.
Posted at 03:20 PM by Howard Bashman



"U.S. seeks reinstatement of obscenity charges against porn-seller": The Associated Press provides a report that begins, "Federal prosecutors trying to salvage one of the government's biggest obscenity cases this decade asked an appeals court Wednesday to reinstate obscenity charges against a couple who sold pornographic videos depicting simulated rape and murder."

The Pittsburgh Post-Gazette reports today that "U.S. Attorney Buchanan takes lead in porn case appeal."

And The Pittsburgh Tribune-Review reports today that "Appeals case on porn begins today."

The trial court's decision that is the subject of the appeal can be accessed at this link.
Posted at 03:00 PM by Howard Bashman




Hurricane recovery efforts demonstrate the benefits of electronic filing: The U.S. Court of Appeals for the Fifth Circuit issued this notice earlier this week.
Posted at 02:58 PM by Howard Bashman



In news from Canada An article headlined "Appeal tobacco ruling, officials urge Ottawa; Health coalition wants top court to hear arguments against corporate sponsorships" appears today in The Toronto Globe and Mail.

And an article headlined "Committee set to select short list for top court," published yesterday in The Globe and Mail, suggests that in Canada, at least, not just any crony can be nominated for the Supreme Court.
Posted at 02:28 PM by Howard Bashman




"Dog Attacks Anti-Dangerous Dog Bill Author": The Associated Press provides a report from New Mexico that begins, "The author of a new state law that allows felony charges against owners of dangerous dogs was hospitalized over the weekend after his own dog attacked him."
Posted at 02:12 PM by Howard Bashman



Because "Washington is one of 17 states that permit bestiality," "Man charged with trespassing on farm in horse-sex death": This article appears today in The Seattle Post-Intelligencer.
Posted at 12:13 PM by Howard Bashman



"Miers Hearings to Begin Nov. 7": Jesse J. Holland of The Associated Press provides this report.
Posted at 11:33 AM by Howard Bashman



To boldly go where no litigation has gone before: This past Sunday, The San Francisco Chronicle published an article headlined "Final frontier for lawyers -- property rights in space; Land claims, commercial schemes and dreams have legal eagles hovering." The article begins:
Space buffs are dreaming about vast land developments on the moon, planets and asteroids -- and wherever people start making land claims, the lawyers can't be far behind.

Consider this: This year, in a virtually unnoticed decision, the U.S. Court of Appeals for the Ninth Circuit in San Francisco dismissed a lawsuit by a Nevada man who claims he owns asteroid 433, a mountainous celestial rock also known as Eros.

You can access the Ninth Circuit's not-for-publication ruling issued February 10, 2005 at this link.
Posted at 11:22 AM by Howard Bashman



Available online from Slate: Dahlia Lithwick has a jurisprudence essay entitled "The Many Faces of Harriet: Miers supports, opposes, and is neutral on Roe, all within 24 hours!"

And Bruce Reed's "The Has-Been" offers a post titled "Entry Blank: In the questionnaire of life, Harriet Miers keeps searching for the answers."
Posted at 10:33 AM by Howard Bashman




"New twists for Miers: 1989 statement could win abortion foes' backing, but there are contradictions too." This front page article appears today in The Sacramento Bee.
Posted at 10:30 AM by Howard Bashman



The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Impact of 3-Strikes Law Still Unclear; More than 10 years after the law was enacted, the latest study finds no direct link between the harsher sentencing and crime reduction" and "O'Connor to Reign Supreme at Rose Parade; The retiring U.S. Supreme Court justice will return to her Western roots to preside over the 117th ride down Colorado Boulevard."
Posted at 10:25 AM by Howard Bashman



"Questions about a Questionnaire: Harriet Miers's thoughts on Roe v. Wade may be clearer than people suspected." Terry Eastland has this essay online at The Weekly Standard. And Duncan Currie has an essay entitled "The Meritocracy Party: Is it still the GOP? The Miers nomination poses an awkward test."

In the October 24, 2005 issue of The New Republic, Jonathan Chait will have an essay entitled "How Bush has taken conservatives for a ride: Who's in the driver's seat--Bush or social conservatives? The Harriet Miers car wreck answers the question."

At National Review Online, Kathryn Jean Lopez has an essay entitled "Refusing to be Miered: Elected profiles in courage."

And at Salon.com, Emily Schmall has an essay entitled "Will Miers help topple Roe v. Wade? Her record in Texas confirms that Harriet Miers resolutely opposes abortion."
Posted at 10:15 AM by Howard Bashman




"Is Harriet Miers sending subliminal messages to conservatives?" So asks Don Asmussen's "Bad Reporter" comic strip, available online today at the web site of The San Francisco Chronicle.
Posted at 10:05 AM by Howard Bashman



"Miers Hearings Rushed on Capitol Hill; Senate Needs More Time to Assess Supreme Court Candidate": The organization People For the American Way issued this press release today.
Posted at 09:58 AM by Howard Bashman



"Senators Inspect Miers Survey on Abortion": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:00 AM by Howard Bashman



"The Rose Parade's great 'get'": Today in The Los Angeles Times, columnist Patt Morrison has an op-ed that begins, "The news was so startling that I struggled to imagine what must have gone on in the big white mansion in Pasadena the day that the men and women who run the Tournament of Roses settled on their grand marshal for the 2006 Rose Parade: Sandra Day O'Connor, associate justice of the Supreme Court of the United States."
Posted at 07:34 AM by Howard Bashman



"Libel suit against Times in anthrax case to proceed; 4th Circuit refuses to rehear appeal, sending matter to lower court": This article appears today in The Richmond Times-Dispatch.

And The New York Times reports today that "Court Rebuffs The Times Co. Over Lawsuit."
Posted at 06:48 AM by Howard Bashman




"Miers Disclosures Could Boost Conservative Support; In 1989, Supreme Court Pick Backed Ban on Abortions; Generous Tithing to Church": Deborah Solomon, Jeanne Cummings and Jess Bravin have this front page article (free access) today in The Wall Street Journal. The newspaper also contains an op-ed by Robert H. Bork entitled "Slouching Towards Miers: Bush shows himself to be indifferent, if not hostile, to conservative values" (free access).

The Washington Post today contains a front page article headlined "Miers Once Vowed to Support Ban on Abortion; But Conservatives Still Question Nominee's Views." And an editorial is entitled "Getting to Know Her."

In USA Today, Joan Biskupic and Andrea Stone have a front page article headlined "Miers backed ban on most abortions; 1989 questionnaire sheds light on Supreme Court nominee's views." In addition, Joan Biskupic and Toni Locy have an article headlined "Miers was vetted by few in administration; Bush was already familiar with her, White House says."

The Los Angeles Times contains articles headlined "Miers Backed Abortion Ban in 1989 Survey; The Supreme Court nominee's pledge, made while running for the Dallas City Council, pleases conservatives and troubles Democrats"; "Republicans Warming Up to Miers; More Democrats find cause for concern; The turning point for both parties seems to be her answers about abortion in a 1989 survey"; and "GOP Is Caught Between Alliances; The party could push independents further away in efforts to steady its conservative base."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Miers took a 'pro-life' vow in '89; Document may unite opponents on left and right."

The New York Times today contains an op-ed by Maureen Dowd entitled "Naughty Harry: Lawyering Without a License" and an op-ed by Thomas L. Friedman entitled "Leading by (Bad) Example" (both TimesSelect).

The Austin American-Statesman reports that "Miers opposed abortion as City Council candidate; White House says Supreme Court nominee's beliefs on abortion are unrelated to how she might rule on overturning Roe v. Wade."

The New York Sun reports that "Miers Invites Questions on Abortion."

The San Francisco Chronicle reports that "Miers opposed abortion rights in '89 Dallas race; Her written answers to survey then could alienate Democrats and pro-choice GOP lawmakers."

In The Boston Globe, Rick Klein and Charlie Savage report that "Miers papers reflect antiabortion view." And Thomas M. Boyd has an op-ed entitled "Unfair to conservatives."

Newsday contains articles headlined "Miers opposed abortion in '89; Court nominee expressed her views in political questionnaire; it remains unclear how she'd rule as justice" and "Miers' slip-ups raise new questions."

The Denver Post reports that "Allard quizzes nominee; Colo. GOP senator has yet to decide on endorsement; The would-be justice is meeting with legislators to discuss her qualifications and judicial philosophy." And an editorial is entitled "Reading tea leaves on Miers."

The Rocky Mountain News reports that "Allard meets with Miers, but not ready to endorse."

The Houston Chronicle reports that "In '89 poll, Miers said she'd push 'life' agenda; Document on abortion stance likely to inflame Senate hearing."

The Pittsburgh Post-Gazette reports that "An '89 pledge haunts Supreme Court nominee Miers; Vowed to back anti-abortion efforts if elected."

The St. Petersburg Times reports that "Miers backed abortion ban as candidate; The high court nominee told an antiabortion group in 1989 that she supported a constitutional change."

And The Washington Times reports that "Miers backed ban on abortion in '89." And Bruce Bartlett has an op-ed entitled "An illusion ripped wide open."

In commentary, Law Professor Ann Lousin has an op-ed entitled "Law school choice shouldn't rule nominee out" in The Chicago Sun-Times.

In The Dallas Morning News, Beth Thornburg has an op-ed entitled "A woman's place: Harriet Miers learned to play a supporting role as a legal trailblazer; Could she learn to take the lead on the Supreme Court?" And Mark Davis has an op-ed entitled "Get it out on the table, Miers."

In The Providence (R.I.) Journal, Froma Harrop has an op-ed entitled "Miers understands states' rights."

And The New York Daily News contains an editorial entitled "Harriet Miers' uphill climb." Finally, columnist Michael Goodwin has an op-ed entitled "She's already failed."
Posted at 06:44 AM by Howard Bashman



Tuesday, October 18, 2005


"Nominee Backed Ban on Abortion in 1989 Campaign": This article will appear Wednesday in The New York Times, along with an article headlined "Nominee's Financial Disclosures Show Worth of Less Than $1 Million."

Wednesday in The Chicago Tribune, Jan Crawford Greenburg will have an article headlined "Miers supported amendment to ban abortion."

The Dallas Morning News on Wednesday will report that "Miers backed ban on abortion; Questionnaire in '89 City Council race raises concerns among liberals.."

The Hill on Wednesday will contain articles headlined "Lott says he’ll likely back her" and "Brownback, Graham demand documents."

This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Supreme Questions" (transcript with link to audio).

And The Seattle Post-Intelligencer on Wednesday will contain an editorial entitled "Supreme Court: Withdraw Miers."
Posted at 10:30 PM by Howard Bashman




"In Twisted Tale, Death Penalty Tossed due to Bad Lawyer": Online at law.com, Justin Scheck has an article that begins, "Forget the stoner judge and the fact that Warren Summerlin's first defense lawyer hooked up with the prosecutor. It was Summerlin's incredibly bad lawyer that gave the 9th Circuit reason to jettison Summerlin's death sentence Monday in an en banc ruling."

And The Arizona Daily Sun reports today that "New trial ordered for convicted killer given death penalty."
Posted at 10:15 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Appeals Court Allows Hatfield [sic] to Sue Times" and "Gonzales Weighs in on International Law."
Posted at 10:11 PM by Howard Bashman



"Miers supported constitutional amendment to ban abortion": James Kuhnhenn and Stephen Henderson of Knight Ridder Newspapers provide this report.
Posted at 07:45 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Miers' Documents Reveal Past Opposition to Abortion" (featuring Nina Totenberg) and "Miers Finds Support from Evangelical Churches." RealPlayer is required to launch these audio segments.
Posted at 07:05 PM by Howard Bashman



"Miers backed 1989 anti-abortion amendment; Supreme Court nominee's position could jeopardize confirmation chances": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 06:55 PM by Howard Bashman



Fourth Circuit today divided 6-6 in denying newspaper's petition for rehearing en banc in Steven J. Hatfill v. New York Times Co.: Today's order of the U.S. Court of Appeals for the Fourth Circuit, which includes a lengthy dissent from former newspaperman, and now Circuit Judge, J. Harvie Wilkinson III, can be accessed here. The earlier three-judge panel ruling, which will remain the Fourth Circuit's last word at this time on the case, is available at this link.
Posted at 05:50 PM by Howard Bashman



"New Documents Shed Light on Miers' Views": This segment (RealPlayer required) featuring Jan Crawford Greenburg, Jay Sekulow, and Law Professor Jeffrey Rosen appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:44 PM by Howard Bashman



"Rising stakes for Miers hearing: Just a half-dozen GOP senators could derail her confirmation to high court." This article will appear Wednesday in The Christian Science Monitor.
Posted at 05:40 PM by Howard Bashman



Available online from The Los Angeles Times: The paper provides news updates headlined "Miers Backed Abortion Ban in 1989" and "O'Connor Named Grand Marshal of Rose Parade."
Posted at 05:20 PM by Howard Bashman



"Miers' Views Could Have Quick Impact": Gina Holland of The Associated Press provides a report that begins, "New revelations about Harriet Miers' views on abortion hint she would shift the Supreme Court away from abortion rights, more so than new Chief Justice John Roberts. The impact could be almost immediate."
Posted at 04:45 PM by Howard Bashman



"Miers on the Constitution": Lyle Denniston provides this analysis online at "SCOTUSblog."
Posted at 03:30 PM by Howard Bashman



"Pfizer's Fingerprints On Fort Trumbull Plan; Documents show the pharmaceutical giant was involved in the Fort Trumbull project from its inception, even before announcing its research center would expand into the New London neighborhood": This past Sunday, The Day of New London, Connecticut published an article that begins:
In mid-July, as commentators and politicians around the country decried this city's attempt to seize private homes for economic development on the Fort Trumbull peninsula, a press release appeared on the Web site of Pfizer Inc.

The pharmaceutical company, whose $300 million research complex sits adjacent to what remains of the neighborhood, announced that it wanted to set the record straight on its involvement in the Fort Trumbull development project.

The project, the statement said, wasn't Pfizer's idea.

"We at Pfizer have been dismayed to see false and misleading claims appear in the media that suggest Pfizer is somehow involved in this matter," the statement said. The writers said the company "has no requirements nor interest in the development of the land that is the subject of the case."

But a recent, months-long review of state records and correspondence from 1997 and 1998 -- when officials from the administration of then-Gov. John G. Rowland were helping convince the pharmaceutical giant to build in New London -- shows that statement is misleading, at best.

You can access the complete article at this link (free registration required).
Posted at 02:54 PM by Howard Bashman



"2 international libel cases could benefit U.S. publishers": Douglas Lee has this analysis online at the First Amendment Center.
Posted at 02:50 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Selling Miers to Capitol Hill" (featuring Dahlia Lithwick) and "Clinics Offer Free Abortions to Katrina Survivors." RealPlayer is required to launch these audio segments.
Posted at 02:44 PM by Howard Bashman



"Closing the Courthouse Doors: Harriet Miers and Locke Liddell & Sapp." Court Watch, a project of the Texas Watch Foundation, issued this report today.
Posted at 02:40 PM by Howard Bashman



When in Rome: The Atlanta Journal-Constitution provides a news update headlined "Federal judge grants voter ID injunction; Order suspends law requiring photo identification at polls" that begins, "A federal judge in Rome today issued an order suspending a new state law requiring voters to show photo ID at the polls for the upcoming November municipal elections throughout Georgia." The first comment to this post about the ruling at the "Election Law" blog provides links to the ruling.
Posted at 02:33 PM by Howard Bashman



Recent rulings of note from the U.S. Court of Appeals for the Second Circuit: "This case invites us to cut a path through the thorniest of constitutional thickets -- among the tangled vines of public school curricula and student freedom of expression." So begins an opinion that Circuit Judge Guido Calabresi issued today, on behalf of a unanimous three-judge panel. The dispute before the court arose after a kindergarten student, whose class received a homework assignment to make a poster depicting how the environment can be saved, produced a religiously-themed poster prominently featuring Jesus.

And yesterday, a three-judge Second Circuit panel issued a decision rejecting the argument that "post-September 11th security measures implemented by the United States Marshals Service at the entrance to a federal building complex in Rochester, New York containing courtrooms and other non-judicial governmental facilities violated [a criminal defendant's] First or Sixth Amendment rights." In an interesting passage, the opinion states: "Although we conclude that Smith's constitutional rights were not violated by the imposition of a photo identification requirement, we note our concerns about unilateral steps -- even commonsensical and fully justified ones -- by the executive branch that restrict court access. Going forward, we emphasize that any such steps must be coordinated with, and approved by the courts." It hadn't previously occurred to me that courthouse security measures can have constitutional separation-of-powers implications.
Posted at 02:25 PM by Howard Bashman




"Miers backed abortion ban in 1989-Senate papers": Thomas Ferraro of Reuters provides this report. The Washington Post provides the underlying document at this link.

In reaction to this news, Planned Parenthood issued a press release entitled "Miers Supported Ban on Abortion: Planned Parenthood Statement on Harriet Miers' Support for a Constitutional Amendment Criminalizing Abortion Access."
Posted at 01:55 PM by Howard Bashman




"A note on clerking for Easterbrook": This post appears online at "Lagniappe: Ted Frank's blog."
Posted at 11:42 AM by Howard Bashman



"Supreme Court Check-in": This segment (RealPlayer required) featuring Lyle Denniston appeared on yesterday's broadcast of the public radio program "Here and Now."
Posted at 11:28 AM by Howard Bashman



"Miers ability to practice law was briefly suspended": Reuters provides this report.
Posted at 11:11 AM by Howard Bashman



"Does Miers Have What It Takes To Excel On the Bench?" Stuart Taylor Jr. has this essay in the current issue of National Journal.
Posted at 11:00 AM by Howard Bashman



Harriet Miers responds to the Senate Judiciary Committee's written questionnaire: National Review Online has posted the responses here.

And via The Washington Post, the nominee's financial disclosure responses are available here and here.

In early coverage, Jesse J. Holland of The Associated Press reports that "Miers Supported Ban on Most Abortions."
Posted at 10:54 AM by Howard Bashman




Yesterday's U.S. Supreme Court Order List and per curiam summary reversal of the Ninth Circuit: The Order List is here, while yesterday's lone opinion is here. The blog "Sentencing Law and Policy" offers many posts about yesterday's developments at the Court.
Posted at 10:50 AM by Howard Bashman



"Kidman snapper wins DNA plea": The Sydney Morning Herald provides a news update that begins, "A celebrity photographer has successfully appealed against an order that he submit a DNA sample in relation to a listening device found outside Nicole Kidman's Darling Point home."

And The Associated Press reports that "Photog Wins Appeal in Kidman Bugging Case."
Posted at 10:28 AM by Howard Bashman




"Suit filed over violent-video law; Sellers claim rights to free speech allow sales to minors": Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today in that newspaper.

And today in The San Francisco Chronicle, Bob Egelko reports that "Video game industry sues to toss new ban."
Posted at 10:15 AM by Howard Bashman




"Miers' abortion views again at issue; Friends reportedly said she can be counted on to overturn Roe v. Wade": This front page article appears today in The Sacramento Bee.
Posted at 10:12 AM by Howard Bashman



"More Miers Tax Troubles": This post appears today at "TaxProf Blog." And yesterday, that blog had a post titled "Are Feds Investigating Miers' Firm's Tax Shelter Work?"
Posted at 10:00 AM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "White House Drums Up Support for Miers" (featuring Nina Totenberg) and "Senate Democrats Meet Nominee Miers."

Yesterday's broadcast of "All Things Considered" contained a segment entitled "Miers' Texas Past and Controversy Today."

And yesterday's broadcast of "Day to Day" contained a segment entitled "GOP Uproar over Miers' High Court Nomination."

RealPlayer is required to launch these audio segments.
Posted at 09:44 AM by Howard Bashman




"Make Miers pass a 'litmus test'": Michael Stokes Paulsen and John Yoo have this op-ed today in The Los Angeles Times.

The New York Times today contains an editorial entitled "Faith and the Court."

In The Washington Post, columnist Richard Cohen has an op-ed entitled "Miers: Faithful to Whom?"

And in The Washington Times, Bruce Fein has an op-ed entitled "Miers vs. Miers."
Posted at 07:33 AM by Howard Bashman




"O'Connor to receive West Point accolade": The Times Herald-Record of Middletown, New York today contains an article that begins, "Retiring Supreme Court Justice Sandra Day O'Connor will receive the U.S. Military Academy's prestigious Thayer Award during ceremonies Thursday." In response to this news, an observer has commented, "At least she isn't going duck hunting with the text of the Solomon Amendment."
Posted at 07:15 AM by Howard Bashman



"Nominee Dismisses Speculation on Roe; On Hill, Miers Discounts Report That She Would Vote to Outlaw Abortions": This article appears today in The Washington Post, along with an article headlined "The Conservative Machine's Unexpected Turn."

Today in The Los Angeles Times, David G. Savage reports that "In Speeches, Miers Heaped Praise on President." And an article reports that "Interpretations Differ After Talks With Miers; Specter reports that the high court nominee believes in the right to privacy; But later the White House says he misunderstood her."

Newsday reports that "Schumer unimpressed with Miers after sit-down; Senator said that candidate either withheld her opinions or didn't have enough knowledge to answer questions."

The San Jose Mercury News contains an article headlined "No praise for nominee; After meeting Harriet Miers, Sen. Feinstein shows little of the early enthusiasm that she showed John Roberts."

The Austin American-Statesman reports that "Miers told Democrat her views on abortion have remained private; As Texas justices show support for Miers' Supreme Court nomination, two claimed she said she would vote to overturn Roe v. Wade."

The Boston Globe reports that "Miers speeches backed stronger executive branch."

The Houston Chronicle reports that "Texas jurists counter Miers critics; President Bush gets help from home on nominee."

The San Antonio Express-News reports that "Texas high court judges stump for Miers."

The Dallas Morning News reports that "As Miers tries to make her case, abortion issue causes commotion; Senator: Nominee said she hasn't discussed Roe with anybody."

The Pittsburgh Post-Gazette reports that "Specter rescinds comments on Miers."

The Washington Times contains articles headlined "Bush shifts debate on Miers" and "Grass-roots conservatives widen rift with Bush."

The San Francisco Chronicle contains an article headlined "New questions on Miers' Roe views; She reportedly says she doesn't recall ever discussing case."

USA Today reports that "Miers says she made no promises on abortion; Senator still wants answers about court nominee."

The New York Sun contains articles headlined "Nominee Never Discussed Roe, She Tells Schumer" and "Supreme Style."

And CNN.com provides a report headlined "More controversy over Miers; Specter, White House at odds on her position on privacy case."
Posted at 07:10 AM by Howard Bashman




"Justices Reject Appeal in Tobacco Case": Linda Greenhouse has this article today in The New York Times.

In The Washington Post, Charles Lane reports today that "High Court Allows Inmate's Abortion."

The Los Angeles Times reports that "U.S. Appeal in Tobacco Case Denied."

The Kansas City Star reports that "Court rules prisoner can get abortion; Missouri loses showdown."

And The St. Louis Post-Dispatch reports that "Court clears way for inmate's abortion" and "Ex-Nazi guard loses bid to keep citizenship."
Posted at 06:54 AM by Howard Bashman




"Tennessee's use of 3 drugs for lethal injection upheld; High court rejects death row inmate's claim of cruelty": This article appears today in The Tennessean.
Posted at 06:50 AM by Howard Bashman



"Heated words fly in N.M., and legal trouble ensues; 'Criminal libel' could mean jail": Today's edition of USA Today contains an article that begins, "A New Mexico man is facing the possibility of three years in jail for carrying a picket sign that called a police officer a 'liar' and a 'dirty cop.'"
Posted at 06:44 AM by Howard Bashman


Monday, October 17, 2005


"2 jurists reportedly say they feel Miers would reject Roe; Nominee tells senator no one knows how she'd handle ruling": This article will appear Tuesday in The Dallas Morning News, along with an article headlined "Miers' unpaid legal cases centered on 'small matters'; Pro bono work includes adoption, immigration but no sweeping issues."

Newsday on Tuesday will contain an article headlined "When Harriet met Chuck: Senator finds his sitdown with Supreme Court nominee yields no insights and shows some weakness in law."

The Hill on Tuesday will report that "Right ups ante on Miers."

The New York Times on Tuesday will report that "Nominee Meets With Committee Democrats."

In Tuesday's edition of The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "Some Critics Still See Bugs." And Howard Kurtz's "Media Notes" column today is headlined "On the Right, Caught in the Middle."

USA Today will report on Tuesday that "Miers says she made no promises on abortion."

Steven Thomma and James Kuhnhenn of Knight Ridder Newspapers report that "Senators to press for details of call about Miers' views on abortion."

The Austin American-Statesman today contains an article headlined "Miers' stint with lottery full of strife; Views differ on whether Supreme Court nominee caused storms or charted course through them."

The Houston Chronicle reports today that "Business leaders say they're ready to back Miers; Her experience in corporate law is a comfort factor."

The Washington Times reports today that "Bush move no 'favor' to Miers."

And The St. Petersburg Times on Sunday contained an article headlined "Miers' mind a mystery - except toward Bush; What is known about the Supreme Court nominee? She's a stickler for accuracy and consistency; She's loyal to the president; And little else."
Posted at 11:00 PM by Howard Bashman




Available online from law.com: An article reports that "D.C. Circuit Dodges Roberts Recusal Flap."

And Shannon P. Duffy reports that "Conflicts of Interest Put End to Congoleum's Pre-Packaged Bankruptcy Plan."
Posted at 10:44 PM by Howard Bashman




"Blawg Review #28": Available here, at "May it Please the Court."
Posted at 09:55 PM by Howard Bashman



"Specter: Miers expressed belief in constitutional right to privacy." Steven Thomma and James Kuhnhenn of Knight Ridder Newspapers provide this report.
Posted at 08:45 PM by Howard Bashman



"Judge has pattern of violating rights, complaint alleges": This article appears today in The Seattle Times.
Posted at 08:44 PM by Howard Bashman



O' no: Ninth Circuit Judge Diarmuid F. O'Scannlain's last name is missing its O' on page 34 of this en banc decision issued today.
Posted at 08:35 PM by Howard Bashman



"Senator Clinton Seeks Way Out of Nettlesome Case": Today in The New York Sun, Josh Gerstein has an article that begins, "A lawyer for Senator Clinton urged a California state appeals court Friday to give the senator a second chance to end her involvement in a politically nettlesome lawsuit stemming from a star-studded and star-crossed fund-raising gala for her 2000 Senate bid."
Posted at 08:22 PM by Howard Bashman



"Tennessee Supreme Court upholds method of execution": The Associated Press provides this report on a ruling that the Supreme Court of Tennessee issued today. The ruling represents another setback for Tennessee death row inmate Abu-Ali Abdur'Rahman.
Posted at 08:20 PM by Howard Bashman



"Supreme Court Deals Setback to U.S. Push for Tobacco Penalties": Linda Greenhouse of The New York Times provides this news update.

Tuesday in The Christian Science Monitor, Warren Richey will report that "High court contains federal RICO powers."

Gina Holland of The Associated Press reports that "Court Won't Let Bush Push Tobacco Penalty."

Reuters provides a report headlined "Win for Tobacco, U.S. Top Court Rejects Govt Appeal."

Bloomberg News reports that "Supreme Court Rejects U.S. on $280 Bln Tobacco Claim."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court denies tobacco case; no action on Hamdan."
Posted at 08:10 PM by Howard Bashman




"Conference Call Claiming Miers Is Anti-Roe Sparks Debate": Maura Reynolds and Edwin Chen have this news update online at The Los Angeles Times.
Posted at 08:04 PM by Howard Bashman



"Time to Bring Down the Gavel on Lifetime Tenure for Justices?" Ronald Brownstein of The Los Angeles Times has this "Washington Outlook" essay today.
Posted at 08:00 PM by Howard Bashman



"Supreme Court declines to block abortion for Missouri inmate": The St. Louis Post-Dispatch provides this news update.

The Kansas City Star provides a news update headlined "Inmate wins ruling in abortion case."

Gina Holland of The Associated Press reports that "Court Won't Block Mo. Inmate Abortion."

And Reuters reports that "Supreme top court allows abortion for Missouri inmate."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 07:55 PM by Howard Bashman




The Justice Antonin Scalia bobblehead doll looks even better in person than on the web: Just arrived home from my trip to Washington, DC, and Justice Scalia has joined his bobblehead colleagues in my collection. In addition to my busy day of work in the Nation's capital, I had the pleasure of meeting Stephen Henderson, who covers the U.S. Supreme Court for Knight Ridder Newspapers.
Posted at 07:45 PM by Howard Bashman



Programming note: My day job will cause me to be in Washington, DC today, where if all goes as planned later today I'll reunite with Justice Antonin Scalia (bobblehead doll version). New posts will appear here tonight. For coverage of today's U.S. Supreme Court Order List, please visit "SCOTUSblog."
Posted at 06:20 AM by Howard Bashman



"Judgment Call: Did Christian conservatives receive assurances that Miers would oppose Roe v. Wade?" John Fund has this essay online today at OpinionJournal.

And today in The New York Times, Ramesh Ponnuru has an op-ed entitled "Why Conservatives Are Divided."
Posted at 12:30 AM by Howard Bashman



Sunday, October 16, 2005


Put away your statutory hard hats: The "Statutory Construction Zone" blog has gone on extended hiatus.
Posted at 11:25 PM by Howard Bashman



"Nominee Gets First Chance to Counter Critics": This article will appear Monday in The New York Times.

The Dallas Morning News reports today that "Being a woman holds less sway than resume for Miers."

And Monday's edition of The Telegraph (UK) reports that "Bush at war with Right over court nomination." In addition, Alec Russell has an op-ed entitled "Americans are not unblinkingly Right-wing."
Posted at 11:15 PM by Howard Bashman




"Miers must go: Bush's blatant cronyism, and his outrageous appeal to religion, cross lines the founders held sacred." Joe Conason has this essay at Salon.com.
Posted at 05:28 PM by Howard Bashman



"Miers' academic background draws scrutiny": The Austin American-Statesman contains this article today.

The Associated Press provides a report headlined "Rice: Criticism of Miers Is Unfounded."

OpinionJournal today reprints an editorial from The Wall Street Journal entitled "Religion and the Court: Harriet Miers's faith tells us nothing about how she would rule."

In The Age of Australia, Michael Gawenda has an essay entitled "George and the Bachelorettes: The denigration of the White House women is sexist and wrong."

And David M. Shribman of The Pittsburgh Post-Gazette today has an essay entitled "Thunder on the right: The Miers Supreme Court nomination has rocked many conservatives' sense of entitlement."
Posted at 12:00 PM by Howard Bashman




"A right to privacy roils a nation and its courts; From abortion to assisted suicide, from computer confidentiality to sodomy, the issue is in the eye of the 'culture wars' storm": This article appears today in The Kansas City Star.
Posted at 08:05 AM by Howard Bashman



"Evacuated Prisoners Are Captive to Legal Limbo; Help in the courts appears to be distant in a system that was strained even before the storm": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:02 AM by Howard Bashman



"Inmate seeking abortion is stressed": The St. Louis Post-Dispatch today contains an article that begins, "One of the lawyers trying to secure an abortion for a Missouri prisoner said Saturday that his client is feeling the strain of the court battle, which now rests with U.S. Supreme Court Justice Clarence Thomas."
Posted at 08:00 AM by Howard Bashman



"Harriet's Hail Mary: OK, so the religious line didn't work so well; The White House is back with a new strategy for its embattled high-court choice." The October 24, 2005 issue of Newsweek will contain this article.

In The Pittsburgh Post-Gazette, Michael McGough reports that "Conservatives soured on Souter for tilting so quickly to the left." And an article is headlined "Specter: Court snubs Congress."

In The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "Key to choice: Presidential power; Bush's real mission for Harriet Miers."

The Dallas Morning News contains an article headlined "A familiar journey to the bench; Texan justice's résumé not unlike Miers'."

And Newsday reports that "Miers land had liens; Court nominee had to reimburse Texas city for failing to clear weeds, debris from vacant lots."
Posted at 07:54 AM by Howard Bashman



Saturday, October 15, 2005


"Blot on Miers' image; Court nominee was slow to respond to several liens placed on properties she controls in Dallas, records show had to reimburse Texas city for failing to clear weeds, debris from vacant lots": This article will appear in Sunday's edition of Newsday.
Posted at 11:35 PM by Howard Bashman



"Split on Right a Chance, Choice for Democrats; Fate of Miers Vote Held in the Balance": Sunday's edition of The Washington Post will contain this article.

The Sunday Times of London contains an article headlined "Now right gets suspicious about Harriet’s loyalties."

And Sunday's edition of The Telegraph (UK) reports that "First Lady dragged into turmoil over judge's nomination."
Posted at 09:24 PM by Howard Bashman




"The Woman's Seat: Harriet Miers's nomination to the Supreme Court begs the question, does a woman make a different sort of judge?" Law Professor Jeffrey Rosen will have this essay Sunday in The New York Times Magazine.
Posted at 09:00 PM by Howard Bashman



"The Miller Case: A Notebook, a Cause, a Jail Cell and a Deal." This lengthy article will appear Sunday in The New York Times. And Judith Miller herself has a related article headlined "My Four Hours Testifying in the Federal Grand Jury Room."
Posted at 07:47 PM by Howard Bashman



"That was a bad call. Did you see that last night? The White Sox and the Angels game. Even Harriet Miers said, 'Is this the most qualified umpire we could find?'" From Jay Leno's monologue on this past Thursday's broadcast of "The Tonight Show," as noted here by NewsMax.com.
Posted at 03:18 PM by Howard Bashman



"Miers Known As Tough, Ambitious Lawyer": The Associated Press provides this report.
Posted at 03:08 PM by Howard Bashman



"Hearing on Sentencing in Sex-Assault Case to Be Closed": Today in The Los Angeles Times, Claire Luna has an article that begins, "Rejecting newspaper requests for a public proceeding, an Orange County judge said Friday that he would close next week's hearing in which he would decide whether to sentence as juveniles three men convicted as adults in a videotaped sexual assault case."
Posted at 02:55 PM by Howard Bashman



"Developer loses wetlands ruling -- for now": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Fremont company that wants to fill wetlands on its property to clear the way for commercial development must comply with a federal agency's restrictions, a federal appeals court ruled Friday, addressing an issue now before the U.S. Supreme Court."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:54 PM by Howard Bashman




"Plenty of Praise for a Nominee, but Few Details": This article will appear Sunday in The New York Times.
Posted at 01:54 PM by Howard Bashman



Second Circuit criminal juries are an infelicitous place for Mr. Short-Term Memory: Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit overturned a defendant's federal criminal conviction after concluding that the federal district court had acted inappropriately in allowing argumentative summations by counsel at the conclusion of each witness's testimony, thereby depriving the defendant of a fair trial. You can access yesterday's ruling at this link. Via the web site "Saturday Night Live Transcripts," you can access transcripts of "Mr. Short-Term Memory" skits here and here.
Posted at 12:40 PM by Howard Bashman



"Bush's Miers Predicament Forces GOP Split or Retreat": Bloomberg News provides this report.
Posted at 12:28 PM by Howard Bashman



"Teacher fired for work at clinic": The Sacramento Bee today contains an article that begins, "A drama teacher at a Catholic high school in Sacramento was fired Thursday after church officials learned she had previously volunteered at an abortion clinic, school officials said Friday. Marie Bain, 50, of Sacramento, who had taught at Loretto High School since August, was dismissed after a student's parent obtained pictures showing Bain escorting people into a Planned Parenthood clinic last spring."
Posted at 10:35 AM by Howard Bashman



"Tax Profs, Practitioners, & Sen. Grassley Assess Impact of Tax Shelter Opinions on Harriet Miers' Nomination": This post appears today at "TaxProf Blog."
Posted at 09:02 AM by Howard Bashman



"Time to Ban Judicial Junkets": The New York Times today contains an editorial that begins, "In an encouraging exchange with Senator Russell Feingold of Wisconsin during confirmation hearings, John Roberts, now the chief justice, pledged to study the ethics problem posed by seminars for judges held at resorts, events where expenses are underwritten by private interests intent on influencing judicial decisions."
Posted at 09:00 AM by Howard Bashman



"Miers Hit on Letters and the Law; Writings Both Personal and Official Have Critics Poking Fun": This article appears today in The Washington Post, along with an article headlined "White House Shifts Its Lobbying Strategy."

The Los Angeles Times reports today that "White House Plays Up Miers' Experience; A spokesman says the high court nominee deals with constitutional issues on the job" and "Miers Started Out in Sexist Times."

The Houston Chronicle reports that "Ex-Texas judges to 'stand up' for Miers; Weeks of harsh criticism of Bush nominee lead to Washington visit."

The Austin American-Statesman contains articles headlined "Former Texas jurists speak out in support of Miers; Possible confrontation looms over document release" and "Supporting Miers may put Cornyn in a bind; Doubts among GOP senators could put Texan in opposition to members of his party."

The Dallas Morning News contains articles headlined "Preparation called key to confirmation; White House efforts vital, but Miers must do well at hearings"; "24 years after O'Connor, it takes more than a woman; Miers' sex holds less sway than résumé, ideology, lawyers say"; and "Gonzales shows interest in seeking office in Texas; Attorney general says being out of state since 2001 may be a hurdle."

The Philadelphia Inquirer reports that "Santorum criticizes Bush on court pick; While still undecided on Harriet Miers, he said Americans 'deserve better' than the President's 'trust me' stand."

The Pittsburgh Post-Gazette reports that "Santorum frowns on presidential Supreme Court nomination of Harriet Miers; Says Bush's nominee for nation's highest court lacks distinguished legal track record."

The Boston Globe reports that "Many Democrats reserving judgment on Miers; Await outcome of right-wing furor."

And The Wichita Eagle reports that "Wichita clergy differ on role of religion in Miers' selection."
Posted at 08:44 AM by Howard Bashman




"License to Torture": Today in The New York Times, Anthony Lewis has an op-ed that begins, "The most profound issue that will face the Supreme Court in the coming years is not the one animating many of the conservatives angry at Harriet Miers's nomination to the court, abortion. It is presidential power."
Posted at 08:40 AM by Howard Bashman



"Missouri gets stay of abortion ruling; Judge had ordered prison to transport inmate": The Kansas City Star today contains an article that begins, "A U.S. Supreme Court justice late Friday night blocked a federal court order that said state corrections officers must transport a woman to a medical facility for an abortion. Justice Clarence Thomas, acting alone, granted a temporary stay pending a further decision by himself or by the full court."

The Associated Press reports that "High Court Blocks Prison Abortion Order."

Earlier, The St. Louis Post-Dispatch reported that "2 appeals fail in inmate abortion case."
Posted at 08:30 AM by Howard Bashman




Available online from law.com: T.R. Goldman has an article headlined "What Would a 'Life Strictly Construed' Mean for the High Court?"

In news from New York, "Same-Sex Partner Loses Wrongful Death Action; Panel majority finds right available only to married couples."

And in other news, "Intelligent Design Case Puts Spotlight on Pepper Hamilton Lawyers; Firm deals with media attention in hot-button, historical case."
Posted at 08:20 AM by Howard Bashman



Friday, October 14, 2005


"Loyal Miers could boost presidential power": Patti Waldmeir and Caroline Daniel of Financial Times provide this report.

The Philadelphia Inquirer on Saturday will report that "Santorum criticizes Bush on 'trust me' approach."

And The Dallas Morning News on Saturday will contain articles headlined "Preparation for confirmation seen as crucial for Miers" and "Gonzales hints at possible return to Texas politics."
Posted at 10:33 PM by Howard Bashman




"Start Over": National Review Online has posted an editorial that states, "The prudent course is for Miers to withdraw her own nomination in the interests of the president she loyally serves. The president could then start over."
Posted at 10:20 PM by Howard Bashman



"Miers Eschewed Crusading, Worked Within the System": This article will appear Saturday in The Los Angeles Times.
Posted at 10:18 PM by Howard Bashman



"White House Asks Judges to Vouch for Miers": The Associated Press provides a report that begins, "Stunned by conservative opposition to Supreme Court nominee Harriet Miers, President Bush next week will bring in former justices from her home state of Texas to trumpet her qualifications for the nation's highest court."
Posted at 10:14 PM by Howard Bashman



"Court Won't Reconsider Mad Cow Decision": David Kravets of The Associated Press provides this report from the Ninth Circuit.
Posted at 05:00 PM by Howard Bashman



In the Ninth Circuit, the federal government in its defense of the constitutionality of the federal Partial-Birth Abortion Ban Act of 2003 lacks luck of the draw: I'd be shocked if the federal government wins any of these appeals -- pending in the Second, Eighth, or Ninth Circuits -- seeking to overturn federal district court injunctions declaring this law unconstitutional.

But the federal government will be facing an especially uphill battle in the Ninth Circuit next week, where in San Francisco on Thursday the case will be argued before a three-judge panel consisting of Circuit Judges Stephen Reinhardt, Sidney R. Thomas, and William A. Fletcher. Here's hoping for a C-SPAN telecast, although at a minimum we'll have online audio from the Ninth Circuit.
Posted at 04:45 PM by Howard Bashman




"Miers hitting the books in advance of confirmation hearings": Ron Hutcheson of Knight Ridder Newspapers provides this report.
Posted at 04:08 PM by Howard Bashman



"Conviction of student who imitated Nazi upheld": This article appears today in The Chicago Sun-Times.
Posted at 03:54 PM by Howard Bashman



"ACLU and Planned Parenthood File Brief in Supreme Court Challenging New Hampshire Abortion Restriction; In Ayotte v. Planned Parenthood, Court Will Determine Value of Women's Health and Safety": The American Civil Liberties Union and Planned Parenthood Federation of America issued this press release earlier this week. The brief is available here.

Amicus briefs in support of respondent can be accessed via this link. Interestingly, as this amicus brief demonstrates, the Governor of New Hampshire has filed a brief opposing the relief sought by the petitioner in the case, the Attorney General of New Hampshire.
Posted at 03:30 PM by Howard Bashman




View online the Second Circuit's recent oral argument in National Abortion Federation v. Ashcroft: Via C-SPAN, you can click here (RealPlayer required) to view online the recent appellate oral argument in the federal government's appeal from an order declaring unconstitutional the federal Partial-Birth Abortion Ban Act of 2003. The judges on the three-judge panel have very difficult, and some might even say hostile, questions for the federal government's attorney.
Posted at 03:24 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Bush Sought Miers' Expertise for Lawsuit" and "Minister Takes Role in Miers' Nomination."
Posted at 03:11 PM by Howard Bashman



Access online the transcript of conservative bloggers' conference call with Ken Mehlman on the Harriet Miers nomination: The transcript is available here.
Posted at 01:45 PM by Howard Bashman



"Prisons' abortion rule falls": The St. Louis Post Dispatch today contains an article that begins, "A federal judge ordered Missouri prison officials Thursday to take an inmate to a St. Louis clinic as soon as today for an abortion despite a new Corrections Department policy barring use of tax dollars to transport prisoners for that purpose."
Posted at 11:45 AM by Howard Bashman



"If Not Miers, Who?" Katha Pollitt will have this essay in the October 31, 2005 issue of The Nation.
Posted at 10:40 AM by Howard Bashman



"Stop Punting: The Supreme Court keeps putting off Hamdan v. Rumsfeld; It's time to take it on." Law Professor Michael C. Dorf has this essay online at The American Prospect.

And ACSBlog has a post by David H. Remes entitled "Why the Court Should Hear Hamdan."
Posted at 10:25 AM by Howard Bashman




"The Trouble with Harriet: The president's ill-conceived Supreme Court appointment has exposed disturbing flaws in his administration." Gerard Baker has this essay online today at The Weekly Standard.

Online at Reason, Jacob Sullum has an essay entitled "How Would Jesus Rule? The perils of religious tests for Supreme Court justices."

And online at The New Republic, Michelle Cottle has an essay entitled "Woman's Glib: Laura Bush's lousy defense of Harriet Miers."
Posted at 10:20 AM by Howard Bashman




There once was a nominee from Dallas: Online at The Nation, Calvin Trillin has a "deadline poet" bit of poetry entitled "Reassuring the Right" that begins:
The President, who never tires
Of naming cronies, named Ms. Miers
To be a Justice. I'm not kidding.
He said he knows she'll do his bidding.
The social-issues right went crazy.
They called her record much too hazy.
Though through the code, with some contortion,
Bush signaled that she hates abortion,
They asked, so why is she not willing
To say right out it's baby killing?
Responding to this strong attack, he
Assured the right she's really wacky.
You can access more of the poem here.
Posted at 10:15 AM by Howard Bashman



Available today at National Review Online: Byron York has an essay entitled "Conservative vs. Conservative: Inside the Battle Over Miers; Groups that usually support the White House are fighting among themselves."

And Jonah Goldberg has an essay entitled "Mm'Doh! Harriet battiness takes the Beltway!"
Posted at 09:38 AM by Howard Bashman




"White House Dismisses Idea Of Withdrawal by Nominee": This article appears today in The New York Times. In related coverage, "Kansas Senator, Looking at Presidential Bid, Makes Faith the Bedrock of Campaign." And Matthew Scully has an op-ed entitled "The Harriet Miers I Know."

The Los Angeles Times reports today that "Window Into Miers' Legal Thinking in the 1990s Reflects a Glint of Liberalism." The newspaper also contains an op-ed by David Greenberg entitled "The 'nonpolitical' nomination game" and an op-ed by Jonathan Chait entitled "Look who's smearing the right."

The New York Sun reports that "Miers' Remarks Roil Her Case Among Critics."

The San Francisco Chronicle reports that "Calls for Miers to withdraw get louder; Moves to mollify critics aren't working."

Newsday reports that "Bush's pick faces a revolt by the right."

The Washington Times reports that "Conservatives call to withdraw Miers." The newspaper also contains an op-ed by R. Emmett Tyrrell Jr. entitled "Angst..." and Cal Thomas has an op-ed entitled "...and the faith factor."

And The Dallas Morning News reports that "Paper trail on Miers leads media, activists to City Hall; Requests stream in for records from her one term on council."

In commentary, The Boston Globe contains an editorial entitled "Doubts about Miers." And Rashi Fein has an op-ed entitled "How to question Harriet Miers."

The Denver Post contains an editorial entitled "Miers' faith shouldn't be issue."

The Palm Beach Post contains an editorial entitled "The case against Miers."

The Hartford Courant contains an editorial entitled "A Case Of Foot-In-Mouth."

The Charlotte Observer contains an editorial entitled "No religious test? Constitution doesn't bar senators from asking about conflicts."

The Montgomery Advertiser contains an editorial entitled "Senators should call Dobson to testify."

The San Antonio Express-News contains an editorial entitled "Rove call to Dobson smacks of litmus test."

The St. Petersburg Times contains an editorial entitled "Faith in the absence of experience."

The Times Argus of Barre, Vermont contains an editorial entitled "Litmus testing."

In The Austin American-Statesman, columnist John Kelso has an op-ed entitled "Why Miers is ideal butt of my jokes: Miers picked for Supreme Court because she can kiss butt with the best of 'em."

Bloomberg News columnist Ann Woolner has an essay entitled "Bush Gives 'Em Old-Time Religion to Help Miers."

And in The Yale Daily News, Helen Vera has an op-ed entitled "We ask the wrong questions about Harriet Miers."
Posted at 07:00 AM by Howard Bashman




Judges as umpires -- faulty analogy or too true? The Wall Street Journal today contains an article (free access) headlined "Blame the Umpires: In Postseason, the Power Player Is the Guy Calling Strikes; Red Sox Draw Hirschbeck."
Posted at 06:50 AM by Howard Bashman



"The Miers Nomination: Republican Senators Have the Power to Address Their Fears that She Won't Be Reliably Conservative." FindLaw commentator Vikram David Amar has this essay today.
Posted at 06:48 AM by Howard Bashman



Available online from law.com: An article reports that "Federal Courts Trim Hours; Branch offices closed, employees multitask."

In other news, "'Sports Illustrated' Wants Out of Settlement With Football Coach." I previously collected additional coverage here.

And in news from California, "Arguments Interrupted When Lawyer Faints; Outcome of case could affect any professional organization that provides health care benefits for its members."
Posted at 06:45 AM by Howard Bashman



Thursday, October 13, 2005


"White House fights anti-Miers bloggers": Patti Waldmeir provides this report in Friday's edition of Financial Times.

The Dallas Morning News on Friday will report that "On Miers pick, the right fights itself; Conservatives at odds on whether nominee advances the cause."

And The Washington Post on Friday will report that "As a Lawyer, Miers Focused on Policy; Right to Representation Was Key Theme."
Posted at 11:05 PM by Howard Bashman




"Courts' Slow Recovery Begins at Train Station": This report from New Orleans will appear Friday in The New York Times.
Posted at 11:00 PM by Howard Bashman



"Prop. 77 Actions Raise Eyebrows; Critics Suggest Governor, Judicial Branch Were Too Cozy": Linda Rapattoni has this interesting article today in The Daily Journal of California.
Posted at 10:40 PM by Howard Bashman



Available online at Slate: John Dickerson has an essay entitled "Laura and Harriet: Are the nominee's critics sexist? Get serious."

And Bruce Reed has a post titled "Elmer vs. Gantry: Why do so many friends come not to praise Harriet Miers, but to bury her?" at "The Has-Been."
Posted at 10:30 PM by Howard Bashman




"Corporate America May Have a Friend in Miers; Corporate America Holds Fire on Miers Nomination": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 10:20 PM by Howard Bashman



In commentary: Today in The New York Times, columnist David Books has an op-ed entitled "In Her Own Words" (TimesSelect) that begins, "Of all the words written about Harriet Miers, none are more disturbing than the ones she wrote herself."

In The Washington Post, Tina Brown has an op-ed entitled "You've Come a Long Way, Ladies." And columnist Ruth Marcus has an op-ed entitled "A Supreme Moment of Ambiguity."

At OpinionJournal, John Fund has an essay entitled "How She Slipped Through: Harriet Miers's nomination resulted from a failed vetting process." Peggy Noonan has an essay entitled "Fasten Your Beltway: It's going to be a bumpy ride." And Patrick J. Wright has an op-ed entitled "The Finest Court in the Nation: Hooray for Michigan justice."

In The Boston Globe, columnist Thomas Oliphant has an op-ed entitled "A clumsy effort to spin Miers."

USA Today contains an editorial entitled "Miers: Bush loyalist or free-thinking justice?"

In The Arkansas Democrat-Gazette, Bradley R. Gitz has an op-ed entitled "Politics vs. judging."

In The St. Paul Pioneer Press, Law Professor David Stras has an op-ed entitled "Don't trade independence for high-court term limits."

In The Fort Worth Star-Telegram, Linda P. Campbell has an op-ed entitled "Opening the faith door."

In The Rocky Mountain News, columnist Mike Littwin has an op-ed entitled "Heaven knows where Dobson will go."

In The Washington Times, William Murchison has an op-ed entitled "What the war is about."

The Louisville Courier-Journal contains an editorial entitled "What Dobson knows."

The Republican of Springfield, Massachusetts contains an editorial entitled "Bush to Miers' critics: You've got to have faith."

The Rutland (Vt.) Herald contains an article headlined "The Miers mess."

Bloomberg News columnist Margaret Carlson has an essay entitled "If Laura Speaks Out, Miers Must Be in Trouble."

In The Sioux Falls Argus Leader, columnist David Kranz has an essay entiteld "Johnson still open to hearing Miers out."

In The Daily Texan, columnist James Burnham has an op-ed entitled "Bush nominee unacceptable."

Ann Coulter has an essay entitled "Does This Law Degree Make My Resume Look Fat?"

FindLaw commentator Edward Lazarus has an essay entitled "Overall, The Miers Nomination Is Troubling - But It Does Have One Virtue."

At National Review Online, Ned Rice has an essay entitled "The Man Who Couldn’t Be Borked: A Supreme face saver for President Bush."

And online at Reason, Jeff A. Taylor has an essay entitled "Libs, Cons Punch Selves Silly in Miers Rope-a-Dope; Ol' Dubya just might have a winning plan."
Posted at 09:44 PM by Howard Bashman




"Reserving Judgment on Miers; Americans Show Less Enthusiasm for Second Supreme Court Nominee Than for Roberts": This article (free access) appears today in The Wall Street Journal.

The New York Times reports today that "Bush Criticized Over Emphasis on Religion of Nominee."

The Washington Post contains articles headlined "For Miers, Proximity Meant Power; Longtime Bush Confidante Became Gatekeeper of Access to the President" and "Role of Religion Emerges as Issue."

The Los Angeles Times reports that "Miers' Faith in Spotlight; Liberals worry that her evangelical Christianity played too big a role in her selection for justice."

In The Chicago Tribune, Jan Crawford Greenburg and Jeff Zeleny report that "Push is on to salvage Bush pick; White House takes new tack to calm its base amid hostility."

From Knight Ridder Newspapers, Stephen Henderson reports that "ABA's probe of Miers' record, rating may be key for confirmation." And Ron Hutcheson reports that "Religion takes center stage in Miers' confirmation battle."

The Dallas Morning News contains articles headlined "Conservatives fear Rove missed boat on Miers; Bush's judicial czar had hands full with legal woes, they suspect"; "Nominee faces loyalty questions; Committee asks Miers if she made promises about how she'd rule"; and "Religion is part of Miers' life, Bush says; Democrats see talk of evangelical roots as way to assure conservatives."

In The New York Sun, Josh Gerstein reports that "Affirmative Action Erupts as an Issue In Bush's Choice." And in related coverage, "Dobson Denies Assurances on Miers."

In The Boston Globe, Charlie Savage reports that "Bush, promoting Miers, invokes her faith; Aims to win trust of conservatives."

USA Today contains an article headlined "Bush: Focus on Miers' faith OK; Evangelical beliefs used to reassure conservatives."

The San Francisco Chronicle reports that "Miers' religion helps define her, president says."

Newsday contains an article headlined "Bush: Harriet Miers' faith had role in nomination; Bush comment on nominee's religion comes as he tries to quell a rebellion on the right."

The Houston Chronicle reports that "Bush hails team's talk about Miers' religion; People for and against the high court nominee say focus should be on her job experience; Democrat signals party's intent to fight."

The Washington Times reports that "Bush backs focus on Miers' beliefs."

The Rocky Mountain News reports that "Bush touts Miers' faith; Statement comes amid controversy spurred by Dobson."

The Denver Post reports that "Dobson backed, attacked on talk; Lawmakers split on Miers 'scoop'; The conversation between the evangelical leader and Karl Rove about the Bush nominee is causing static."

The Rutland Herald reports that "Leahy takes Bush at his word on Miers."

And The Arkansas News Bureau reports that "Lincoln needs more information on Supreme Court nominee."
Posted at 09:15 PM by Howard Bashman




"Justices Grapple With Whether Public Employees Enjoy Free-Speech Rights on the Job": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Los Angeles Prosecutor's Workplace Suit Heard."

And in The Los Angeles Times, David G. Savage reports that "High Court Considers L.A. Case on Free Speech; The justices will rule on whether public employees have a right to speak out on disputes in the workplace; Signs are they'll say no."
Posted at 09:10 PM by Howard Bashman




Time Inc. finds settlement too Pricey: The El Paso Times reports today that "Time Inc. wants Price lawsuit settlement thrown out."

The Birmingham News reports today that "SI seeks to dissolve settlement."

The Associated Press reports that "Time Inc. Wants Price Settlement Tossed."

And in related coverage, law.com reports that "'Sports Illustrated' Libel Case Raises Troublesome Issues."
Posted at 09:05 PM by Howard Bashman




Available online from law.com: An article is headlined "Miers and the Supreme Court: Getting Down to Business; While working her way up in her firm, Miers handled corporate clients like Microsoft and Disney."

And in other news, "DOJ Seeks Supreme Court Review of Tobacco Ruling; Justices asked to decide whether cigarette companies can be hit with $280 billion penalty for past behavior."
Posted at 08:58 PM by Howard Bashman




"Wilson has submitted compelling evidence showing that the prosecutor in his case regularly acted with discriminatory animus toward African-American jurors. This evidence, coupled with the fact that numerous African-Americans were stricken from his jury, gives rise to an almost unavoidable inference that the prosecutor engaged in prohibited discrimination in this case." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued an opinion that explains:
In 1997, Jack McMahon, the Assistant District Attorney who prosecuted Wilson's first case, won the Republican nomination to challenge incumbent District Attorney Lynne Abraham. On March 31, 1997, eleven days after the primary election, Abraham released a videotape from the late 1980s which showed McMahon giving a training session on jury selection to other prosecutors in the District Attorney's Office. In the tape, McMahon makes a number of highly inflammatory comments implying that he regularly seeks to keep qualified African-Americans from serving on juries. Since these comments are central to this appeal, we will quote from them at length.
You can access the complete opinion at this link.
Posted at 08:44 PM by Howard Bashman



"Searching Miers' writings for First Amendment clues": Tony Mauro has this article online at the First Amendment Center. Tony writes: "The most extensive look at Miers' First Amendment views and activities so far comes in a report by the Reporters Committee for Freedom of the Press, which routinely studies nominees' views on press issues."
Posted at 08:40 PM by Howard Bashman



"White House: Miers won't withdraw; High court nominee's record unsettles some conservatives." CNN.com provides this report.

The Associated Press provides a report headlined "U.S.: Miers Won't Withdraw Top Court Nod."

And Bloomberg News reports that "U.S. Senate Asks Miers If She Made Promises on Court Rulings." The Senate Judiciary Committee's questionnaire can be accessed here.
Posted at 08:20 PM by Howard Bashman



Wednesday, October 12, 2005


"White House Tries to Stem Miers Concerns": The Associated Press provides this report.
Posted at 05:55 PM by Howard Bashman



"High Court Weighs Scope of First Amendment Rights": This segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 05:54 PM by Howard Bashman



"Would a Justice Miers recuse herself from key cases? She may be obliged to refrain from voting on certain issues, ethicists say, if she helped to craft White House policies." Warren Richey will have this article in Thursday's edition of The Christian Science Monitor.
Posted at 05:45 PM by Howard Bashman



"Miers Chosen After Others Withdrew, White House Says": Bloomberg News provides this report.

Editor & Publisher offers an item headlined "White House Briefing: Reporters Hit Hard on Role of Religion in Miers Pick."

Online at The Weekly Standard, Fred Barnes has an essay entitled "What Might Have Been: The Miers nomination didn't have to go this way."

And finally, you can access online transcripts entitled "White House Spin Worsens Miers Mess" and "Liberals Like Stephen Breyer Have Bastardized the Constitution" from today's broadcast of the Rush Limbaugh show.
Posted at 05:25 PM by Howard Bashman




"Scalia Turns Journalists Away From Speech": Gina Holland of The Associated Press provides this report.
Posted at 05:00 PM by Howard Bashman



"Pat Robertson threatens retaliation against conservative senators who oppose Miers": People For the American Way provides this report along with video confirmation.
Posted at 04:40 PM by Howard Bashman



"Circuit's Hamdan ruling intact": Lyle Denniston provides this report at "SCOTUSblog." Earlier, I posted a copy of the D.C. Circuit's order here.
Posted at 04:02 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: High Court Whistleblower Case" (featuring Dahlia Lithwick) and "Slate's Politics: Dobson's Inside Scoop on Miers." RealPlayer is required to launch these audio segments.
Posted at 03:33 PM by Howard Bashman



"Whistle Blowhards: The Supreme Court probes whether whistleblowers are heroes or nuisances." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 03:32 PM by Howard Bashman



"US top court hears whistle-blower case": James Vicini of Reuters provides this report.
Posted at 03:30 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Supreme Court Hears Injured Miners' Case" and "Lawyers Recall Miers' Preparation Skills."
Posted at 03:25 PM by Howard Bashman



"Where products in the relevant market are not typically displayed in the same locations, centering on whether they are likely to be distinguished when viewed simultaneously is incorrect, and will result in a faulty likelihood-of-confusion analysis." Louis Vuitton handbags are the subject of this trademark infringement preliminary injunction ruling that Circuit Judge Guido Calabresi issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit.
Posted at 03:00 PM by Howard Bashman



"Human Rights in the Balance: What's at Stake in Hamdan." David Luban has this post today at "Balkinization." And yesterday, the U.S. Court of Appeals for the D.C. Circuit entered an order denying the motion of a Guantanamo detainee, not a party to the Hamdan suit, who was seeking leave to intervene in order to request the recusal of former D.C. Circuit Judge John G. Roberts, Jr. in Hamdan and vacatur of the D.C. Circuit's Hamdan decision.
Posted at 02:30 PM by Howard Bashman



In commentary: At National Review Online, Joseph J. Cella has an essay entitled "Faith Is Not the Thing: God and Harriet Miers in the Senate." And Jonah Goldberg has an essay entitled "Cronies Here and There: In (qualified) defense of cronyism."

Online at Reason, Julian Sanchez has an essay entitled "The Revolt of the Elites: Why a 'trust me' from George Bush no longer cuts it."

Online at The American Prospect, Jack Hitt has an essay entitled "Vote Your Absence: Should Democrats support Harriet Miers? No -- they shouldn't even vote." And Michael Tomasky has an essay entitled "Honest Conservatives Awaken: Finally, conservatives have noticed that their president is failing them."

Finally, online at The Nation, Robert Scheer has an essay entitled "With Friends Like This...." And Morton Mintz offers "Ten Questions for Harriet Miers."
Posted at 02:15 PM by Howard Bashman




"Top Court Considers Whistleblower Lawsuit": Gina Holland of The Associated Press provides this report.
Posted at 02:00 PM by Howard Bashman



"Analysis: a limit on internal whistleblowing?" At "SCOTUSblog," Lyle Denniston provides this report on a case argued today at the U.S. Supreme Court.
Posted at 01:00 PM by Howard Bashman



Available online from C-SPAN: You can view online both "Justice Stephen Breyer on Service in Int'l Law" and "Sen. Orrin Hatch (R-UT) on Confirmation Process for Supreme Court Nominees" (RealPlayer required).
Posted at 12:55 PM by Howard Bashman



"Bush: Miers' Religion Cited in Court Nod." The Associated Press provides a report that begins, "President Bush said Wednesday that Harriet Miers' religious beliefs figured into her nomination to the Supreme Court as a top-ranking Democrat warned against any 'wink and a nod' campaign for confirmation."

And Reuters provides a report headlined "Some high court candidates withdrew: White House."
Posted at 12:40 PM by Howard Bashman




"Focus of CIA Leak Probe Appears to Widen": This article (pass-through link) appears today in The Wall Street Journal.

The New York Times reports today that "Times Reporter to Testify on Recently Found Notes."

The Washington Post reports that "Special Prosecutor Again Queries Reporter."

The Los Angeles Times reports that "N.Y. Times Reporter to Again Testify Before Grand Jury in CIA Leak Case; Judith Miller turns over new notes and plans to 'supplement' earlier testimony, her boss says."

And The New York Observer reports that "Miller Called Back For Second Round On Plame Affair."
Posted at 12:15 PM by Howard Bashman




Attorney General Alberto R. Gonzales defends the nomination of Harriet Miers: This morning, Attorney General Gonzales appeared on FOXNews, Good Morning America, and CNN. Windows Media Player is required to launch these video clips.
Posted at 12:00 PM by Howard Bashman



Eighth Circuit overturns class certifications in In re: St. Jude Medical, Inc., Silzone Heart Valve Products Liability Litigation: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:32 AM by Howard Bashman



"Simply Not Good Enough": At the web site of cbs4denver, CBS News legal analyst Andrew Cohen has an essay that begins, "White House counsel Harriet Miers' nomination to the United States Supreme Court shouldn't be scuttled merely because she has no prior experience as a judge."
Posted at 11:28 AM by Howard Bashman



"Group close to Falwell will not back Miers": The News & Advance of Lynchburg, Virginia today contains an article that begins, "Liberty Counsel, a conservative legal advocacy group with close ties to the Rev. Jerry Falwell, announced Tuesday that it is opposing Harriet Miers' nomination to the U.S. Supreme Court."
Posted at 11:10 AM by Howard Bashman



"Wiccan priestess out of appeals; Supreme Court won't hear Chesterfield case excluding her prayer": This article appears today in The Richmond Times-Dispatch.
Posted at 11:05 AM by Howard Bashman



FOXNews.com is reporting: Now available online are articles headlined "High Court to Hear Whistleblower Case" and "Conservatives Split on Faith in Bush."
Posted at 11:00 AM by Howard Bashman



"High Court to Examine the Scope Of Federal Clean-Water Laws": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 10:55 AM by Howard Bashman



Chief Justice John G. Roberts, Jr. gets the D.C., Fourth, and Federal Circuits: Yesterday's order of the Supreme Court of the United States reallocating Circuit Justice responsibilities can be accessed here.
Posted at 10:22 AM by Howard Bashman



"Competing rights are weighed in bias suit; Lesbian says fertility doctors discriminated": This article appears today in The San Diego Union-Tribune.

And The AP reports that "Calif. Court Hears Gay Fertility Case."
Posted at 09:30 AM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Gonzales Urges: Give Miers a Chance" and "Miers Seen As Fair on City Council."
Posted at 09:28 AM by Howard Bashman



"Is Miers a Tax Textualist?" This post appears today at "TaxProf Blog."
Posted at 09:25 AM by Howard Bashman



"Barnett v. Bagenstos" on Gonzales v. Raich: At "The Yale Law Federalist Society" blog, Will Baude provides this coverage of yesterday's debate.
Posted at 09:24 AM by Howard Bashman



The Chicago Tribune is reporting: Today's newspaper contains articles headlined "Are pot clubs legal? It's hazy; Despite feds' right to crack down, medical marijuana in California seems safe for now" and "Getting justice back on track; Flooding shut the courthouse, so lawyers, judges and defendants are making do at the train station."
Posted at 09:20 AM by Howard Bashman



In today's edition of The Sacramento Bee: The newspaper contains an article headlined "A 'lawyer's lawyer': Quin Denvir prepares to retire after a decade of defending the poor" that begins, "To most people, Theodore Kaczynski is the notorious Unabomber, who used his genius to strategically place homemade bombs throughout the nation for 17 years before he was captured. To Quin Denvir he is one on a long list of clients whose lives were worth saving."

And in other news, "High court deals setback to GenCorp."
Posted at 09:15 AM by Howard Bashman




"Justices to Measure Clean Water Act's Reach; The high court will hear cases that could limit the power of the U.S. to protect wetlands": David G. Savage has this article today in The Los Angeles Times.

The Detroit News reports that "Justices take up wetland control; Two cases stemming from development projects in Mich. head to U.S. Supreme Court."

Michael McGough of The Pittsburgh Post-Gazette reports that "U.S. Supreme Court wades into Michigan dispute over wetlands."

Bob Egelko of The San Francisco Chronicle reports that "Supreme Court to consider cutting wetlands protection; U.S. oversight of areas far from lakes, rivers challenged."

And The St. Petersburg Times reports that "Wetlands in hands of high court; Three cases scheduled to be heard before the new Supreme Court likely will decide the fate of vast stretches of Florida."
Posted at 07:30 AM by Howard Bashman




"Ruling jeopardizes wildfire plea bargain; The state's high court upholds a decision that cut jail time in half for Terry Barton, who set the 2002 Hayman fire; But the result could be more cases filed against her": This article appears today in The Denver Post.

And The Rocky Mountain News reports today that "Hayman Fire starter wins sentence fight."
Posted at 07:25 AM by Howard Bashman




"Revised Miers strategy raises new questions; Some find emphasis on her faith suspicious, inappropriate": Joan Biskupic has this article today in USA Today.

The Washington Post reports today that "Laura Bush Echoes Sexism Charge in Miers Debate." The newspaper also contains an article headlined "Warren? Or Burger? A Matter of Judgment."

The Los Angeles Times reports that "Christian Leader Says He Was Told of Miers' Beliefs; In remarks to be aired today, James Dobson says Karl Rove assured him in advance that the high court pick was a conservative evangelical."

In The Boston Globe, Charlie Savage reports that "Miers foes see law questions as way to derail nomination; Groups aim to make her seem unqualified."

The Washington Times contains articles headlined "Miers to face hostile queries from both sides of aisle" and "Bush stands by nominee's credentials."

The Houston Chronicle contains articles headlined "In '97, Miers faced claim she violated constitutional right; U.S. senators vetting the high court nominee may well review firings in Texas" and "Miers, Bush have been close at least a decade; Supreme Court nominee sent the then-governor effusive letters from 1995-2000."

The Dallas Morning News contains an article headlined "First lady: Miers criticism could stem from sexism; Conservatives say their challenges based on qualifications."

The Fort Worth Star-Telegram reports that "Christian leader details Rove call."

The Rocky Mountain News reports that "Defiant Dobson denies collusion; He says Rove never promised that Miers will oppose abortion."

The Denver Post contains an article headlined "Dobson: nothing to hide; Focus founder dares senators to bring him in; Dobson says Karl Rove didn't tell him how the Supreme Court pick would rule on Roe vs. Wade."

And The Chippewa Herald reports that "Kohl taking wait-and-see approach to Miers nomination."

In commentary, in The New York Times, columnist Maureen Dowd has an op-ed entitled "To Sir, With Love" (TimesSelect).

In The Washington Post, columnist David Ignatius has an op-ed entitled "How the Republicans Let It Slip Away."

In The Boston Globe, columnist Derrick Z. Jackson has an op-ed entitled "A blind eye to gender bias."

In The Washington Times, David Limbaugh has an op-ed entitled "Issues of stewardship...," while Clarence Page has an op-ed entitled "...and dissatisfaction."

In The Dallas Morning News, columnist Steve Blow has an op-ed entitled "Dallas critics, please approach the bench."

The Amarillo Globe-News contains an editorial entitled "Brownback, senatorial critics need to take a step back."

From the Arkansas News Bureau, David Sanders has an op-ed entitled "Understanding the right's dismay with Miers."

Online at The Weekly Standard, Edward Morrissey has an essay entitled "The Sounds of Silence: The White House isn't saying much about Harriet Miers."

And FindLaw commentator Michael C. Dorf has an essay entitled "A Crash Course in Constitutional Law for Harriet Miers--and Everybody Else."
Posted at 07:00 AM by Howard Bashman




"Killer Loses Bid to High Court; U.S. Supreme Court declines to review the case of Stanley 'Tookie' Williams; He could be executed in December if further appeals fail": This article appears today in The Los Angeles Times.

And in The San Francisco Chronicle, Bob Egelko reports that "Nobel nominee's death appeal denied; 2 others also lose -- 3 executions now a possibility."
Posted at 06:45 AM by Howard Bashman



Tuesday, October 11, 2005


"5th Circuit OKs Insurer's Intervention in Cross-Burning Suit": law.com provides this report. My earlier coverage is here.
Posted at 11:15 PM by Howard Bashman



"G.O.P. Aides Add Voices to Resistance Over Nominee": This article will appear Wednesday in The New York Times, along with an article headlined "First Lady Enters Debate Over Nomination for Court."

The Fort Worth Star-Telegram on Wednesday will report that "Details emerge about conversation between Rove, Christian leader."

Financial Times on Wednesday reports that "Laura Bush sees sexism in Miers's critics."

Wednesday's edition of The Guardian (UK) contains an article headlined "You're cool, court nominee told Bush in private letter."

Newsday on Wednesday will contain an article headlined "When flattery is the best policy."

In Wednesday's edition of The Atlanta Journal-Constitution, Bob Barr will have an op-ed entitled "President ought to take mulligan on Miers pick."

And at Salon.com, Michael Scherer has an essay entitled "Quag-Miers: As conservative opposition to his Supreme Court nominee stiffens, Bush faces the prospect of a humiliating defeat."
Posted at 11:00 PM by Howard Bashman




"Supreme Court Takes Up 2 Cases Challenging Powers of U.S. Regulators to Protect Wetlands": Linda Greenhouse will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Charles Lane will report that "Court to Rule on Federal Regulation of Wetlands."

And in Wednesday's edition of Financial Times, Patti Waldmeir reports that "Court to review two cases covering wetlands."
Posted at 10:50 PM by Howard Bashman




"What Did Andy Do?" Erik at "RedState.org" has this gossipy post about how Harriet Miers became the nominee.
Posted at 08:55 PM by Howard Bashman



"Dobson Comments on Miers/Rove Conversation": Focus on the Family has released this rough, unedited transcript. And an audio clip can be accessed here (mp3).

The Rocky Mountain News provides an update headlined "Dobson to senators: Call to testify is 'fine.'"

And The Denver Post provides a news update headlined "Dobson: No White House promise on Roe; Focus on Family chief denies he got secrets on Miers."
Posted at 08:45 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "The Heart of Harriet Miers" and "Microsoft, Real Networks Settle Antitrust Case" (RealPlayer required).
Posted at 08:33 PM by Howard Bashman



"Specter Hopes to Start Miers Hearing Soon": The Associated Press provides this report.
Posted at 06:10 PM by Howard Bashman



"High Court to Consider Reducing Wetlands Protection": David G. Savage of The Los Angeles Times provides this news update.
Posted at 06:05 PM by Howard Bashman



"Supreme Court backs SEC on freezing payments": Reuters provides this report.
Posted at 06:04 PM by Howard Bashman



But will he be pro-death penalty? The Associated Press provides a report headlined "Fieger to run for Michigan attorney general in 2006" that begins, "Geoffrey Fieger, the lawyer who gained fame defending Jack Kevorkian and later won the 1998 Democratic nomination for governor, said Tuesday he plans a run next year for state attorney general." A related press release can be accessed here.
Posted at 05:45 PM by Howard Bashman



"Emerging supporter of Harriet Miers: businesses; Her experience in corporate law is needed on the court, they say." This article will appear Wednesday in The Christian Science Monitor.
Posted at 05:40 PM by Howard Bashman



"First opinion of Roberts Court is a win for a criminal defendant! On habeas!" The blog "Sentencing Law and Policy" offers this post concerning the per curiam summary reversal that the U.S. Supreme Court issued today.
Posted at 05:20 PM by Howard Bashman



U.S. Court of Appeals for the Third Circuit to hear oral argument in United States v. Extreme Associates, Inc. on Wednesday, October 19, 2005 in Pittsburgh: You can access the oral argument list at this link. Background on this case, in which a federal district court held federal obscenity statutes unconstitutional, can be accessed via this link. And the district court's ruling is here.

The three-judge Third Circuit panel assigned to hear the case consists of Circuit Judge D. Brooks Smith and Senior Circuit Judges Walter K. Stapleton and Richard L. Nygaard.
Posted at 05:08 PM by Howard Bashman




"Iowan Gets Death Penalty in Drug Slayings": The Associated Press provides a report that begins, "A drug dealer convicted of killing five people - including two children - to protect his methamphetamine operation was sentenced Tuesday to die by lethal injection, becoming the first person in more than 40 years to receive a death sentence in Iowa." The article notes that Iowa repealed its death penalty law in 1965; today's sentence was imposed under federal law.

In other coverage, The Cedar Rapids Gazette provides a news update headlined "Honken casts blame during sentencing; Former drug kingpin to be executed."
Posted at 04:30 PM by Howard Bashman




"Cianci's last chance for new trial denied": The Providence Journal provides a news update that begins, "The U.S. Supreme Court declined today to hear a request by former Providence Mayor Vincent A. Cianci Jr. for a new trial, putting an end to his quest to overturn his federal corruption conviction."
Posted at 04:28 PM by Howard Bashman



"You and Laura are the greatest!" The New York Times has posted online the correspondence between Harriet Miers and then-Governor George W. Bush.
Posted at 04:18 PM by Howard Bashman



"Laura Bush says sexism possible in Miers criticism": Reuters provides this report.
Posted at 04:10 PM by Howard Bashman



"EU Court Rules on Anheuser-Busch Case": The Associated Press provides a report that begins, "Anheuser-Busch Ltd. cannot sell beer under the brand name Budweiser in Portugal, the European Court of Human Rights ruled Tuesday in the latest round of a global legal battle between the U.S. beer company and Czech brewery Budejovicky Budvar."

Today's ruling of the European Court of Human Rights can be accessed here (in French), while the Court's press release about the ruling is available here (in English).
Posted at 04:02 PM by Howard Bashman




"Bush Predicts Miers Will Be Confirmed": Today's installment of news you may have seen before can be accessed here thanks to The Associated Press.
Posted at 03:55 PM by Howard Bashman



"Interest Groups Rethink Their Strategy on Miers' Nomination": Lawrence Hurley has this article in today's edition of The Daily Journal of California.
Posted at 03:40 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "Robert Bork on Harriet Miers' High Court Bid" and "Slate's Jurisprudence: Future of the Supreme Court" (featuring Dahlia Lithwick). RealPlayer is required to launch these audio segments.
Posted at 02:50 PM by Howard Bashman



"Senator Lindsey Graham Speaks on Harriet Miers and Judicial Issues": The "South Carolina Appellate Law Blog" provides this report on today's luncheon meeting of the Greenville County Federalist Society.
Posted at 02:44 PM by Howard Bashman



"Libel suit settled; Price feels relieved": This article appears today in The Birmingham News.

The Wall Street Journal reports that "Football Coach And Time Inc. Settle Libel Suit."

And The El Paso Times reports today that "At UTEP or elsewhere, after settlement Price can move on."
Posted at 02:24 PM by Howard Bashman




"One Photojournalist Gets An Inside Look At The Supreme Court": Photo District News provides a report that begins, "The U.S. Supreme Court is notoriously camera shy, banning news cameras from virtually all of its business. The rare exception is the investiture of a new justice, when the court's public information office invites one pool photographer to take pictures on behalf of the media."
Posted at 02:18 PM by Howard Bashman



"Nathan and Harriet: Bush's imaginary friend and her not-so-imaginary confessor." Bruce Reed of Slate's "The Has-Been" offers this post.
Posted at 02:10 PM by Howard Bashman



The wire services are reporting: The Associated Press reports that "Court Debates First Death Penalty Case" and "Court Turns Away Exxon Judgment Appeal."

And Reuters reports that "High court to decide wetlands-regulation cases."
Posted at 02:05 PM by Howard Bashman




"US court denies appeal by Calif. death row inmate": Reuters provides this report.
Posted at 11:35 AM by Howard Bashman



"As president, I, too, would pick a buddy to be justice": Columnist Bill McClellan has this op-ed today in The St. Louis Post-Dispatch.
Posted at 11:00 AM by Howard Bashman



"Web Site Owner Remains In Jail; Chris Wilson has a hard time posting bail for hundreds of obscenity charges": The Ledger of Lakeland, Florida today contains an article that begins, "Chris Wilson, the owner of an amateur porn Web site that stirred international controversy with its pictures allegedly portraying dead Iraqi insurgents, is having trouble making bail."
Posted at 10:34 AM by Howard Bashman



"First nations for the first court: Our rulings on treaty law and restorative justice could be greatly enriched by an aboriginal Supreme Court appointment." Peter Russell has this op-ed today in The Toronto Globe and Mail.
Posted at 10:14 AM by Howard Bashman



Today's U.S. Supreme Court Order List: You can access the Order List at this link. It appears that the Court has granted review in three separate matters and has called for the views of the Solicitor General in four other cases. And the Order List also notes the denial of certiorari in a case involving pharmaceutical manufacturers in which a total of three members of the Court were recused.

Lyle Denniston has an early report at "SCOTUSblog" titled "No action again on Hamdan."

The Associated Press reports that "Supreme Court to Take Up Wetlands Cases." The AP's Gina Holland reports that "Wiccan Priestess Loses High Court Appeal" and "High Court Won't Hear Cheaper Drugs Case." And The AP also reports that "High Court Declines to Hear Investor Case."
Posted at 10:00 AM by Howard Bashman




A view from Paradise: Today in The Paradise (Cal.) Post, Rick Silva has an op-ed entitled "Miers pick not Bush's best one."
Posted at 09:52 AM by Howard Bashman



"Council officially adopts existing policy on prayer before meetings": The Anderson (S.C.) Independent-Mail yesterday contained an article that begins, "Anderson Mayor Richard Shirley opened Monday night's City Council meeting according to his custom of reading from a collection of invocations of a former U.S. Senate chaplain. 'Through Jesus Christ Our Lord,' the prayer ended. Those words, uttered countless times in the city council chambers over the years, have now become a potential liability for the council in the wake of an appeals court decision prohibiting sectarian prayer before public meetings."
Posted at 09:50 AM by Howard Bashman



"U.S. Supreme Court Justice Antonin Scalia, the first Italian-American on the nation's highest court, reveled in the rock-star treatment he received as grand marshal of yesterday's Columbus Day Parade in Manhattan." The Staten Island Advance today contains an article headlined "A day bursting with Italian pride; Supreme Court Justice Antonin Scalia serves as grand marshal of Columbus Day Parade."
Posted at 09:44 AM by Howard Bashman



"Reporter Miller, Prosecutor Have Tangled Before": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

NPR also provides a written report headlined "Lawyer Says Miller Lost in Court, Won on Principle" and audio (RealPlayer) of an extended interview with attorney Floyd Abrams.
Posted at 09:40 AM by Howard Bashman




"Shield Law Sponsor: Bloggers 'Probably Not' Considered Journos." Editor & Publisher provides this report.
Posted at 09:35 AM by Howard Bashman



"Where Cronies Dwell": Today in The New York Times, columnist John Tierney has an op-ed (TimesSelect) that begins, "Journalists and legal scholars have been decrying 'cronyism' and calling for 'mainstream' values when picking a Supreme Court justice. But how do they go about picking the professors to train the next generation of journalists and lawyers?"
Posted at 07:05 AM by Howard Bashman



"Boies Office Sent Clients To 3rd Firm With Family Ties": The Wall Street Journal contains this article (free access) today.
Posted at 07:02 AM by Howard Bashman



"Blogging Prof Fails To Heed His Own Advice": This article appears today in The New York Sun.
Posted at 07:00 AM by Howard Bashman



"Who's That Guy? Without Robes, Grand Marshal Is Mystery." The New York Times today contains an article that begins, "Justice Antonin Scalia, the first Italian-American to serve on the Supreme Court, returned to his hometown yesterday to lead the march along Fifth Avenue as grand marshal of the 61st Columbus Day Parade."

And Newsday reports that "Although the grand marshal was not a huge hit, thousands at the Columbus Day parade were proud to be Italian!"
Posted at 06:54 AM by Howard Bashman




"Personal correspondence reveals Miers' loyalty to Bush; Notes heap praise such as 'best governor ever,' 'great work'": This article appears today in The Dallas Morning News.

The New York Times reports today that "Documents Show Miers's Close Ties to Bush."

The Washington Post reports that "Papers Offer Peek at Miers's Views."

The Washington Times reports that "White House targets doubts on Miers nod."

The Denver Post reports that "Dobson to discuss nominee; Radio show will address conversations on Miers."

And The Rocky Mountain News reports that "Dobson to clarify info; Focus on the Family founder will talk on radio about Miers."

In commentary, The New York Times contains an editorial entitled "A Confirmation Debate in Reverse."

In The Washington Post, columnist Richard Cohen has an op-ed entitled "Decoding Miers." And columnist Eugene Robinson has an op-ed entitled "Perplexed by This Pick."

In The Los Angeles Times, columnist Robert Sheer has an op-ed entitled "Wrong objections."

In The Washington Times, Bruce Fein has an op-ed entitled "Lame defense." Mona Charen has an op-ed entitled "Lost opportunity." Tod Lindberg has an op-ed entitled "Harriet Miers and judicial politics." And Michael Barone has an op-ed entitled "A chance to confound critics."

The Arkansas Democrat-Gazette contains an editorial entitled "Mystery Nominee: In the eye of a political firestorm."

In The Boston Globe, columnist Peter S. Canellos has an op-ed entitled "For social conservatives, it just doesn't add up."

The Dallas Morning News contains an editorial entitled "The Miers Debate: Conservatives are looking out for themselves."

The Denver Post contains an editorial entitled "Things he just shouldn't know." And columnist Ed Quillen has an op-ed entitled "Will Miers matter?"

In Newsday, columnist James P. Pinkerton has an op-ed entitled "No wonder conservatives are upset." And columnist Marie Cocco has an op-ed entitled "Make Dobson reveal sources on Miers."

In The Providence Journal, M. Charles Bakst has an essay entitled "Harriet Miers: Women judge Bush's nominee."

In The Rocky Mountain News, Paul Campos has an op-ed entitled "High court, low expectations."

The St. Petersburg Times contains an editorial entitled "Find out what Dobson knows."

And online at OpinionJournal, Brendan Miniter has an essay entitled "Failing Stealth: What the Miers fight means for future nominees, and for politics in Washington."
Posted at 06:45 AM by Howard Bashman



Monday, October 10, 2005


$880.01: That's the winning bid on the eBay auction that just concluded moments ago of a Chief Justice William H. Rehnquist bobblehead doll.
Posted at 10:49 PM by Howard Bashman



Available online from law.com: Marcia Coyle reports that "Miers Nomination Creates Looming Battle Over Privilege; Counsel's papers may reveal views."

An article reports that "After 'Booker,' Judges Reduce Crack Cocaine Sentences."

And in other news, "Case Headed for Pa. High Court Review Could Change Definition of 'Verdict.'"
Posted at 10:44 PM by Howard Bashman




"Grandparents Given Rights by Ohio Court": This article will appear Tuesday in The New York Times. You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 10:28 PM by Howard Bashman



"Letters reveal Miers' profound admiration for Bush": The Fort Worth Star-Telegram on Tuesday will contain an article that begins, "Harriet Miers, President Bush's nominee for the Supreme Court, quickly developed a deep and almost gushing admiration for her boss from her earliest days in Texas government."

FOXNews.com reports that "Conservative Critics Question Miers' Abilities."

Tuesday's edition of The Telegraph (UK) reports that "Bush nominee faces rebellious Senate."

WorldNetDaily.com reported yesterday that "Harriet Miers contributed to Hillary's election in 2000."

And The Seattle Post-Intelligencer on Tuesday will contain an editorial entitled "Court Nomination: Uncertain justice."
Posted at 10:18 PM by Howard Bashman




"Conservatives Battle Over Miers Nomination": This segment (transcript with link to audio) appeared on today's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:10 PM by Howard Bashman



Part two of today's CNBC interview with Justice Antonin Scalia: You can access part two by clicking here (Windows Media). I linked to video of part one of the interview in this post from this morning.
Posted at 10:00 PM by Howard Bashman



"Texas Opens Records on Court Nominee Miers": The Associated Press provides this report.
Posted at 09:10 PM by Howard Bashman



"Scalia leads Columbus Day Parade": New York Newsday provides this update. And The Associated Press reports that "Scalia Leads Columbus Day Parade in N.Y."

Photos of Justice Antonin Scalia's appearance as Grand Marshall can be accessed via this link.
Posted at 09:05 PM by Howard Bashman




$787.77: With two hours left in the auction at eBay, that's currently the high bid on a Chief Justice William H. Rehnquist bobblehead doll. As detailed in this earlier post, the last two bobble Chiefs auctioned at eBay sold for more than $2,000.
Posted at 08:49 PM by Howard Bashman



"Dobson will explain Miers information": The Rocky Mountain News provides an update that begins, "Focus on the Family founder James Dobson will take to the airwaves Wednesday and Thursday to clarify what information he got from the White House or other sources about U.S. Supreme Court nominee Harriet Miers."

Bloomberg News reports that "Miers's Firm Backed Sham Shelter, Senate Report Says."

The Gainesville (Tex.) Daily Register today contains an article headlined "'Our Judge Meier' - Former Gainesville resident mistaken for Supreme Court nominee."

Online at NPR.org, Ron Elving has a "Watching Washington" essay entitled "Overlooking the Key Question for Miers."

And The Philadelphia Daily News today contains an editorial entitled "A nomination even the Right doesn't like: Why Harriet Miers must drop out of Supreme Court selection."
Posted at 07:08 PM by Howard Bashman




"Analyzing Paul Mirengoff's Piece — and Announcing My Position on Miers": "Patterico's Pontifications" offers this post, in which Patterico concludes, "Unless something changes drastically, I will be opposing the Miers nomination."

And just yesterday at the blog "Underneath Their Robes," we learned that "A3G officially opposes the nomination of Harriet Miers to be an Associate Justice of the United States Supreme Court!!!"
Posted at 06:02 PM by Howard Bashman




"Why anti-Miers conservatives misjudge Bush's choice": Dante Chinni will have this op-ed Tuesday in The Christian Science Monitor.
Posted at 05:32 PM by Howard Bashman



Blogging Harriet Miers: The blog "The Truth Laid Bear" has a page devoted to the topic. On the nomination's one week anniversary, it looks like "How Appealing" currently occupies third place in the overall [quantity based?] rankings. [Ed.: But one and two are group blogs, right?] [Ed.'s ed.: Must you be so competitive about everything?]

On Wednesday, I'll be able to post online the newest installment of my monthly appellate column, which appears today in The Legal Intelligencer. It's titled "Miers Nomination Catches Bush Off–Base."
Posted at 05:05 PM by Howard Bashman




"Stefan Presser, 52, Legal Chief for A.C.L.U. in Pennsylvania, Dies": This obituary appears today in The New York Times.

And The Philadelphia Inquirer yesterday contained an obituary headlined "Stefan Presser, tireless rights advocate."
Posted at 04:55 PM by Howard Bashman




"New Supreme Court needs new First Amendment direction": Paul K. McMasters has this essay online at the First Amendment Center.
Posted at 04:00 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "The Conservative Backlash Over Miers" and "Conservative Supreme Court Controversy."
Posted at 03:30 PM by Howard Bashman



"Mike Price, Time Inc. Settle SI Lawsuit": The Associated Press provides a report that begins, "Time Inc. has settled a $20 million defamation suit filed by former Alabama football coach Mike Price over a Sports Illustrated article about a night of drinking at a topless bar in Florida." A statement from Sports Illustrated can be accessed here, and Coach Price has also issued a statement.
Posted at 02:14 PM by Howard Bashman



"Miers and Brimstone: Let's stop pretending there's no religious test for nominees." Christopher Hitchens has this essay online at Slate.
Posted at 01:00 PM by Howard Bashman



The Three Stooges dissent: From the dissent issued today to an en banc Eighth Circuit Booker sentencing guidelines case: "Assume that Larry, Moe, and Curly are executive officers of a corporation with insider knowledge." Mercifully, the dissent lacks any mention of Shemp and Curly Joe.
Posted at 12:00 PM by Howard Bashman



"Blawg Review #27": Available online here at "Legal Blog Watch."
Posted at 11:12 AM by Howard Bashman



"Holding Our Fire--And Our Breath; Why Harriet Miers merits support from conservatives": Paul Mirengoff has this essay online today at The Weekly Standard.

And the October 24, 2005 issue of The Nation will contain an editorial entitled "Crony Constitutionalism" and an essay by Law Professor David Cole entitled "Blank Check for Bush?"
Posted at 10:45 AM by Howard Bashman




"Justice Scalia says 'not a chance' to cameras; In a rare interview, the Supreme Court judge talks about TV coverage of legal cases, the confirmation process and the changing court": MSNBC provides this transcript from today's broadcast of the "Today" show. You can view the video from the broadcast by clicking here (Windows Media).
Posted at 10:20 AM by Howard Bashman



"'Pro-life' Miers to be unbiased on court: ally." Reuters provides this report.
Posted at 10:17 AM by Howard Bashman



"In furor over pay raise, sights are set on judges": The Pittsburgh Post-Gazette today contains an article that begins, "Citizen groups angry about state legislators' big pay raise want to vote incumbent lawmakers out of office on Nov. 8. There's only one problem -- there aren't any legislators up for re-election next month. So the pay-raise protesters are doing what they consider to be the next best thing. They're urging Pennsylvanians to take out their frustrations on two state Supreme Court justices who are up for a 10-year retention election on Nov. 8 -- Russell Nigro and Sandra Schultz Newman, both of Philadelphia. Ousting them, the protesters say, would send a strong statewide message that political incumbents aren't safe, no matter who they are, and it might even lead legislators to rethink the raise."

In earlier coverage, The Philadelphia Inquirer recently published an article headlined "New target for anger over raises: Judges" and an op-ed by Timothy Potts entitled "Pay back two Pa. justices on Election Day."

And The Philadelphia Daily News last week published an op-ed by columnist John Baer entitled "Disgruntled voters get chance to send message."
Posted at 09:35 AM by Howard Bashman




"Scalia Says Confirmation Too Politicized": The Associated Press provides this report.

And NY1 reports here that "Final preparations are being made for this year's [Columbus Day Parade] festivities, which will feature U.S. Supreme Court Justice Antonin Scalia as Grand Marshal."
Posted at 09:24 AM by Howard Bashman




"A Lifelong Texan Called to Serve; An outsider in D.C., a player in Dallas": T.R. Goldman and Lily Henning have this article (free access) in today's issue of Legal Times.
Posted at 09:20 AM by Howard Bashman



Is she better off financially today than she was four years ago? At PointofLaw.com, Ted Frank has a post titled "Press coverage on Miers's wealth wrong."
Posted at 09:14 AM by Howard Bashman



It may be both the second Monday in October and a federal holiday: Nonetheless, later today the auction of a Chief Justice William H. Rehnquist bobblehead doll will conclude online at eBay. The last two bobble Chiefs auctioned at eBay sold for more than $2,000 (see here and here).
Posted at 07:14 AM by Howard Bashman



"Does Gender Matter? A Feminist Look at the Nomination of Harriet Miers to the Supreme Court." FindLaw commentator Joanna Grossman has this essay online today.
Posted at 07:12 AM by Howard Bashman



One week ago today, at this very moment: News sources began to report that President Bush would nominate Harriet Miers to replace Justice Sandra Day O'Connor on the Supreme Court of the United States.
Posted at 07:07 AM by Howard Bashman



"Is The President's Crony Good Enough For The Court?" Stuart Taylor Jr. has this essay online at National Journal.
Posted at 07:00 AM by Howard Bashman



"Unlikely Figure Getting Calls on Miers": Today in The New York Sun, Josh Gerstein has an article that begins, "Within hours of President Bush's announcement that he was nominating Harriet Miers to the Supreme Court, the phone at Lawrence Littwin's Upper East Side apartment began ringing off the hook. The callers were reporters eager to hear about the five stormy months Mr. Littwin spent working for the nominee nearly a decade ago."

The Washington Times reports today that "Half of Senate Republicans doubt Miers" and "GOP rank and file back Miers."

The Chicago Tribune reports that "Even Republicans take up Bush-whacking; Some conservatives join insurrection on policies, nominations."

Newsday reports that "Alleged Rove secret riles senators."

The Denver Post reports that "Senators press Dobson to talk; What did Rove say about Miers? Judiciary panelists want to know what the evangelist was told to win his support for Bush's court nominee."

The Dallas Morning News contains articles headlined "Home on Sunday, Miers attends church twice; Nominee visits Episcopal church and breakaway congregation"; "Talk of a Miers 'back room deal' raises concerns; Senators to ask about remarks suggesting vote was pledged"; and "Critics see a spoils system in the White House; Administration denies cronyism, says only the most qualified are hired."

And in The Los Angeles Times, Ronald Brownstein's "Washington Outlook" essay is headlined "Be It Confidence or Hubris, Bush Nominates Boldly."

In commentary, The Hartford Courant contains an editorial entitled "No Need To Rush To Judgment."

In The Washington Post, Al Kamen's "In the Loop" column is entitled "U.S. Doesn't Corner the Market on Cronyism."

In The Chicago Sun-Times, columnist Robert Novak has an op-ed entitled "Conservative rift in GOP hard to heal."

In The Boston Globe, columnist Cathy Young has an op-ed entitled "Bush's faith-based nominee."

The Arkansas News Bureau offers an op-ed by John Brummett entitled "Cut to the chase: Confirm this woman."

In The Topeka Capital-Journal, Gregory L. Schneider has an op-ed entitled "Nominee leaves conservatives confused."

And in The Washington Times, Mark Steyn has an op-ed entitled "Brick-by-brick strategy."
Posted at 06:44 AM by Howard Bashman




But is it "high tech"? The Los Angeles Times today reports that "Specter Says a 'Lynch Mob' Is After Nominee; GOP senator doesn't say he'll support Harriet Miers for the Supreme Court, but his remark tacitly rebukes attacks on her by conservatives."
Posted at 06:40 AM by Howard Bashman



"Occupational Hazard": The New York Times today contains an op-ed by Coleen Rowley and Dylan Blaylock that begins, "Even as the public focuses on President Bush's most recent Supreme Court nomination, the business of the court goes on. And this week, it will take up a First Amendment case, Garcetti v. Ceballos, that is crucial not only to government workers across the country, but to all Americans concerned about free speech and national security."
Posted at 06:38 AM by Howard Bashman



"Quagmiers": In the October 17, 2005 issue of The New Yorker, Hendrik Hertzberg has a "Talk of the Town" comment that begins, "It's early yet, but plumbing the depths of Associate Justice-to-be (or not to be) Harriet E. Miers, if there are any, promises to have more in common with archeology than with law. Figuring out who she is, and what she would be likely to bring to the Supreme Court, will be like deducing the life story of some mid-level functionary of an ancient Pharaoh's court from a few shards of pottery found in the rubble of a looted tomb. The papyrus trail, in other words, is sparse."
Posted at 06:20 AM by Howard Bashman



"Miers Remorse: Conservatives are right to be skeptical." Online today at OpinionJournal, John Fund has an essay that begins:
I have changed my mind about Harriet Miers. Last Thursday, I wrote in OpinionJournal's Political Diary that "while skepticism of Ms. Miers is justified, the time is fast approaching when such expressions should be muted until the Senate hearings begin. At that point, Ms. Miers will finally be able to speak for herself."

But that was before I interviewed more than a dozen of her friends and colleagues along with political players in Texas. I came away convinced that questions about Ms. Miers should be raised now--and loudly--because she has spent her entire life avoiding giving a clear picture of herself. "She is unrevealing to the point that it's an obsession," says one of her close colleagues at her law firm.

The entire essay can be accessed here.
Posted at 06:15 AM by Howard Bashman


Sunday, October 09, 2005


"Why are Bush's Nominees so Moderate?" Michael E. Levine has this post online at "Balkinization."
Posted at 10:54 PM by Howard Bashman



"Administration increasingly faces accusations of cronyism": Monday's edition of The Dallas Morning News will contain this article.
Posted at 10:32 PM by Howard Bashman



"As a Private Lawyer, Miers Left Little for the Public Record": This article will appear Monday in The New York Times, along with articles headlined "Endorsement of Nominee Draws Committee's Interest" and "A Place at the Table for Miers and High-Level Friends."
Posted at 10:24 PM by Howard Bashman



"Specter to Press Miers in Hearings; Judiciary Panel Leader Says Nominee Has Not Yet Been Heard": Monday's edition of The Washington Post will contain this article.

Allen Pusey of The Dallas Morning News on Monday will report that "Talk of Miers 'deal' raises concerns; Senator doesn't believe nominee pledged her vote; others want to question White House on rumor."

And Sunday in USA Today, Tony Mauro will have an op-ed entitled "Bush's words saddle Miers: 'She's not going to change.'"
Posted at 09:00 PM by Howard Bashman




"Lords line up to debate right to die; Bill would allow doctors to assist with patient's suicide": This article appears Monday in The Guardian (UK).

Monday's edition of The Independent (UK) reports that "Williams defends Church stance against euthanasia."

And BBC News reports that "Clergy opposed to euthanasia bill; Anglican and Catholic church leaders have spoken out against voluntary euthanasia ahead of a Lords debate."

More information about the proposed law can be accessed here and here.
Posted at 08:25 PM by Howard Bashman




"Conservatives spar over Miers nomination; Politicians, religious leaders carry debate to Sunday talk shows": CNN.com provides this report.
Posted at 08:05 PM by Howard Bashman



"Conservatives Debate Miers' Nomination on 'FNS'": FOXNews.com provides this transcript from today's broadcast of "FOX News Sunday."

The Texarkana Gazette reports today that "Texarkana attorney worked with Miers."

In Monday's edition of Financial Times, Patti Waldmeir reports that "Conservative ire grows over Miers nomination."

Monday's edition of The Independent (UK) reports that "Cronyism row heightens over Bush's choice of judge."

Bloomberg News reports that "Specter to Ask Whether Rove Gave Assurances on Miers."

And The Associated Press reports that "Dallas Minister Seeks Prayers for Miers."
Posted at 07:12 PM by Howard Bashman




"Senators to Question Supreme Court Nominee on Reported Abortion Assurances": Voice of America News provides a report that begins, "Two powerful U.S. senators say they want to know whether Supreme Court nominee Harriet Miers assured conservatives she will vote against abortion if confirmed."
Posted at 03:10 PM by Howard Bashman



"Transfer of cross ruled unconstitutional; Judge had barred land donation last month": The San Diego Union-Tribune yesterday contained an article that begins, "The Mount Soledad cross stood on shakier ground yesterday after a Superior Court judge ruled that it would be unconstitutional to transfer the towering symbol and the La Jolla land around it to the federal government."

You can access Friday's ruling of the San Diego Superior Court at this link.
Posted at 03:05 PM by Howard Bashman




"Conservatives say Democrats cowed Bush into weak court choice": Jan Crawford Greenburg has this article today in The Chicago Tribune.
Posted at 03:00 PM by Howard Bashman



On today's broadcast of the CBS News program "Face the Nation": On today's program:
Sen. Sam Brownback, (R-Kansas); Sen. Charles Schumer, (D-NY); Jan Crawford Greenburg of The Chicago Tribune; and David Brooks of the New York Times joined Face The Nation. They discussed the Supreme Court nomination of White House counsel Harriet Miers.
You can access a complete transcript at this link.
Posted at 02:50 PM by Howard Bashman



Transcript of today's broadcast of the NBC News program "Meet the Press": You can access it online here. The broadcast focused on the nomination of Harriet Miers to the Supreme Court of the United States.
Posted at 02:45 PM by Howard Bashman



The Associated Press is reporting: Hope Yen reports that "Miers to Face Questions on Qualifications."

And in other news, "Miers Attends Church Services in Texas."
Posted at 02:40 PM by Howard Bashman




"Miers' Law Firm Profited from Shoddy Tax Shelter Opinions": This post appears today at "TaxProf Blog."
Posted at 02:33 PM by Howard Bashman



"I can tell you that the Harriet Miers I knew in a limited way was fair to a fault, smart and quick on her feet -- ambitious, yes, tempered by modesty, independent, but above all, kind and decent." Today in The Fort Worth Star-Telegram, Tom Uhler has an op-ed entitled "Just who is Harriet Miers?" reflecting on the Harriet Miers he knew many years ago growing up down the block from her family in a north Dallas neighborhood.
Posted at 08:50 AM by Howard Bashman



"Judgment day is coming: We know more about America's Harriet Miers than our own top judge, and that's dangerous." The Observer (UK) today contains an op-ed by Mary Riddell that begins, "One of the most powerful figures in government has been anointed. If you blinked, you will have missed it. Lord Phillips of Worth Matravers was last week sworn in as Lord Chief Justice. The accession of a lady mayoress in rural Humberside might have attracted more media attention. Nor was the ceremony at Westminster Abbey a picture of slick pageantry. According to the only paper to mention the event, the new head of the judiciary had to hang around for 10 minutes, in wig and tights, because the Lord Chancellor's car was stuck in traffic."

And today in the Sunday Times of London, Andrew Sullivan has an op-ed entitled "Bush picks a pal and feeds a credibility crisis" that begins, "She's a tiny unassuming lady, with the most modest of public careers as a trial lawyer. Her main claim to fame is that she once managed the Texas lottery and then became the president's bureaucratic gatekeeper in the White House and his personal legal counsel."
Posted at 08:40 AM by Howard Bashman




"Doubts over nominee unite Democrats, GOP; In Miers choice, many conservatives cite failure to pick a strong legal figure": The Milwaukee Journal Sentinel contains this article today.

The Washington Post today contains a front page article headlined "Miers to Face Tougher Time Than Roberts in Hearings" along with a news analysis headlined "Bush the Conservative v. Bush the Pragmatist."

The Week in Review section of The New York Times contains an article headlined "The Crisis of the Bush Code."

The Fort Worth Star-Telegram reports that "Response to Miers' legal work is mixed."

The Houston Chronicle contains articles headlined "She knows how to keep a secret; But nominee's closely guarded style frustrates those who wonder about her beliefs" and "Miers pick may be splitting solid GOP base; Conservatives' unified front may be coming apart with nomination and other issues."

Newsday contains an article headlined "Issues are key after all; In a switch from Roberts' confirmation hearings, nervous conservatives now want to know her stand."

The Denver Post reports that "Miers enters the political arena."

The Des Moines Register contains an article headlined "Brownback: Court is not a legislature."

The Missoulian reports that "Pro-choice head reserves judgment on Miers."

The Telegraph (UK) reports that "White House struggles to stem revolt over Supreme Court choice."

The Observer (UK) reports that "Bush hits back as Republicans erupt over Supreme Court pick."

And The Charlotte Observer on Friday contained an article headlined "Graham: Bashing Miers is out of line; Conservatives should listen to Bush nominee before calling her a bad selection, senator says."
Posted at 08:10 AM by Howard Bashman




"The Two Knocks on Miers: And why—surprise!—they're both coming from the right; And why, even so, they might not derail her." This article will appear in the October 17, 2005 issue of Time magazine.

And the October 17, 2005 issue of Newsweek will contain articles headlined "Mild About Harriet: She has served the president faithfully, but her resume drew fire from the right; Will Harriet Miers make it to court?" and "The Right: With Friends Like These; The cheerleaders for Bush's judicial pick found little to cheer."
Posted at 08:00 AM by Howard Bashman




In news from New Hampshire: The Concord Monitor recently published articles headlined "With new nominee, Souter's name rises again; Conservatives feel burned by first Bush's pick" and "Nadeau to retire from high court; Justice's departure would clear way for Lynch nominee."

An editorial cartoon originally published in The Indianapolis Star depicts the topic of the first of these two articles.
Posted at 07:54 AM by Howard Bashman




"Dobson spiritual empire wields political clout": This article, the first in a three-part series on key evangelical leaders, appears today in The Boston Globe.
Posted at 07:48 AM by Howard Bashman



"OMG! Miers blog probably phony." Dawn Eden has this report today in The New York Daily News.
Posted at 07:45 AM by Howard Bashman



"Scalia Didn't Expect Bush to Nominate Him": The Associated Press provides a report that begins, "Supreme Court Justice Antonin Scalia said Saturday that he had not expected President Bush to nominate him to replace the late William Rehnquist as chief justice."
Posted at 07:40 AM by Howard Bashman



"The New New Federalism: Liberals discover states' rights." This editorial from The Wall Street Journal appears online today at OpinionJournal.
Posted at 07:28 AM by Howard Bashman



On yesterday evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Life in the Blogosphere's Right Lane" and "Call for DNA from Arrestees Draws Opposition" (RealPlayer required).
Posted at 07:24 AM by Howard Bashman


Saturday, October 08, 2005


"The next O'Connor? Miers' rise a parallel; If she is confirmed, will Miers be the justice that Bush says she will? Some conservatives fear not." Sunday's edition of The St. Petersburg Times will contain this article.

The Associated Press reports that "Brownback calls for civil tone in Miers debate."

And for those with online access to TimesSelect, in Sunday's edition of The New York Times columnist Frank Rich will have an op-ed entitled "The Faith-Based President Defrocked" that begins, "To understand why the right is rebelling against Harriet Miers, don't waste time boning up on her glory days with the Texas Lottery Commission. The real story in this dust-up is not the Supreme Court candidate, but the man who picked her. The Miers nomination, whatever its fate, will be remembered as the flashpoint when the faith-based Bush base finally started to lose faith in our propaganda president and join the apostate American majority."
Posted at 07:25 PM by Howard Bashman




"When 'trust me' doesn't cut it: The president comes under fire from the right over his new Supreme Court pick." This article will appear in the October 17, 2005 issue of U.S. News & World Report.
Posted at 07:18 PM by Howard Bashman



"Miers' court credentials are going on trial": The St. Louis Post-Dispatch today posted online this article.

James Kuhnhenn of Knight Ridder Newspapers reports that "Miers, the Iraq war and hurricanes prompt GOP to confront Bush."

Bloomberg News reports that "Bush Says Miers Will Leave Lasting Mark on U.S. Supreme Court."

And Reuters reports that "Bush takes on conservatives over Miers."
Posted at 05:18 PM by Howard Bashman




"Miers Finds Few Buyers": From yesterday evening's installment of James Taranto's "Best of the Web Today" at OpinionJournal:
When President Bush nominated Harriet Miers on Monday, we saw it as a missed opportunity. It left us underwhelmed, not appalled. But having spent last evening communing here with some 1,000 conservatives at National Review's 50th anniversary dinner, we see a political disaster in the making.
Taranto's report concludes: "Bush may be getting a fight anyway. And while he can laugh off the Angry Left, which would never support him no matter what he did, the Angry Right is a force he'd be a fool to misunderestimate." You can access the entire report here.
Posted at 05:05 PM by Howard Bashman



In editorial cartoons: Glenn McCoy, editorial cartoonist for The Belleville News-Democrat, had this cartoon Wednesday about U.S. Supreme Court nominee Harriet Miers. And Daryl Cagle's Professional Cartoonists Index offers additional cartoons.
Posted at 02:10 PM by Howard Bashman



"A History of Diversity on the High Court": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Saturday."
Posted at 01:55 PM by Howard Bashman



"Bush Addresses G.O.P. Unease Over Supreme Court Nominee": This article will appear Sunday in The New York Times.
Posted at 01:54 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Bush Says Miers Has Experience, Leadership" and "Senate Dems Defend Miers on Top Court Nod."
Posted at 01:50 PM by Howard Bashman



"Sessions has doubts about Bush nominee": The Associated Press provides a report that begins, "Sen. Jeff Sessions raised doubts Friday about the experience of Supreme Court nominee Harriet Miers and signaled he and other conservatives might oppose her if she fails to convince them otherwise."
Posted at 10:15 AM by Howard Bashman



"This week, I nominated an exceptional individual to replace retiring Justice Sandra Day O'Connor on the Supreme Court of the United States." So begins President Bush's radio address delivered this morning.
Posted at 10:08 AM by Howard Bashman



"White House Keeps Pushing for Miers; The president officially sends the Senate her nomination to the Supreme Court despite discontent in some conservative quarters": This article appears today in The Los Angeles Times, along with articles headlined "A Love That Was Benched by Their Careers: The long-standing relationship between high court nominee Harriet Miers and Texas jurist Nathan Hecht entrances and puzzles their friends" and "As a Council Member, She Was a Consensus Builder; Though quiet, Miers tried hard to lessen acrimony among factions in Dallas; She 'really extended a hand,' says a former colleague."

The Washington Times reports today that "Critics target Miers' intellect."

The Houston Chronicle reports that "Miers, still an enigma, is bound to be confirmed, Bush predicts; Conservatives' skepticism about nominee seems to be growing."

The Dallas Morning News reports that "In Dallas, Miers chose stands carefully; Ex-colleagues recall a quiet leader who took stands on social issues."

The Austin American-Statesman reports that "Miers sought to serve public, friends say; Court nominee didn't focus on role as the first woman in Texas, Dallas legal positions."

The Boston Globe reports that "Rise of Miers low-key, steady; Colleagues say views unknown."

And The Iowa City Press-Citizen contains an article headlined "From high school nerd to Supreme Court nominee; Iowa City man was Miers' classmate."

In commentary, those with TimesSelect can access online columnist John Tierney op-ed entitled "Justice Miers? Get Real" and columnist Maureen Dowd's op-ed entitled "The Trouble With Harry" in The New York Times.

In The Washington Post, columnist Colbert I. King has an op-ed entitled "The Right, on Fire Over Miers." And tomorrow's newspaper will contain an essay by Edward Morrissey entitled "How Harriet Unleashed a Storm on the Right."

In The Washington Times, David Limbaugh has an op-ed entitled "Disappointed, but hopeful."

And The Dallas Morning News contains an editorial entitled "Faith and the Court: White House shouldn't have made it an issue."
Posted at 08:25 AM by Howard Bashman




Dancing days are here again? The News & Observer of Raleigh, North Carolina today contains an article headlined "Banned dancer has moves left; Court orders look at partner issue" that begins, "In the Western North Carolina town of Marshall, population 833, Rebecca Willis is known for her unorthodox dancing style. Those who consider it lewd and provocative banned the then-58-year-old woman from attending town-sponsored concerts at a refurbished train station called the Marshall Depot. But with a ruling Friday, a federal appeals court gave Willis hope that she may once again be able to get down on the dance floor." My earlier coverage of yesterday's ruling of the U.S. Court of Appeals for the Fourth Circuit is here.
Posted at 08:10 AM by Howard Bashman



"94 fraud counts for judge's aide; Personal secretary accused of stealing $450,000 from a federal jurist": This article appeared yesterday in The Sacramento Bee. And today that newspaper reports, "Aide pleads not guilty to stealing from judge."
Posted at 08:00 AM by Howard Bashman


Friday, October 07, 2005


In the October 17, 2005 issue of The Weekly Standard: Terry Eastland will have an essay entitled "A Faith-Based Nomination: The White House is emphasizing Harriet Miers's religious views."

And William Kristol will have an essay entitled "What Is To Be Done? A bad week for the administration--but, in a way, a not-so-bad week for conservatism."
Posted at 11:58 PM by Howard Bashman




On today's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "President Bush Renews Defense of High Court Pick" and "GOP Opposition to Miers Grows."
Posted at 11:54 PM by Howard Bashman



"Bush Steadfast in Face of Criticism of Nominee": This article will appear Saturday in The New York Times.

The Washington Post on Saturday will contain articles headlined "Bush Rejects Calls To Withdraw Miers"; "'The Right Result' Was Key to Miers; In Dallas, She Made A Name for Candor"; and "From the Oval Office To the Doghouse; It's Family Counseling Time for the GOP."

Knight Ridder Newspapers report that "Loyalty, discretion have helped Miers become Bush's nominee."

The Dallas Morning News on Saturday will report that "Bush emphatic, enthusiastic on Miers."

And today's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Debating the Miers nomination" (transcript with link to RealAudio).
Posted at 11:44 PM by Howard Bashman




Available online fromn law.com: Tony Mauro reports that "Debate Intensifies Over Miers' Qualifications."

In other news, "Controversy Grows Over Boies Firm, Document Company."

And Mark V.B. Partridge has an essay entitled "Where Does Roberts Stand on Intellectual Property Issues?"
Posted at 11:30 PM by Howard Bashman




"Bork calls Miers nomination a 'disaster'; Former Supreme Court nominee gives take on newest pick for the bench": MSNBC provides this transcript of an interview conducted earlier today.
Posted at 11:23 PM by Howard Bashman



"Joan Biskupic's New SOC Biography": Tom Goldstein has this post at "SCOTUSblog."
Posted at 05:22 PM by Howard Bashman



"Breyer Offers Advice to Top Court Nominees": Gina Holland of The Associated Press provides this report.
Posted at 05:21 PM by Howard Bashman



"Patriot Act Appeal Fails at Supreme Court": The AP provides this report. Justice Ruth Bader Ginsburg's in chambers opinion, as Circuit Justice for the Second Circuit, can be accessed at this link.
Posted at 05:20 PM by Howard Bashman



The Associated Press is reporting: An article headlined "Miers Urged Bush to Overrule Legislature" reports on this letter dated June 11, 1995.

And in somewhat related news, "Christians Worried About Miers' Beliefs."
Posted at 04:25 PM by Howard Bashman




eBay files cert. petition in patent law case: "Future of U.S. Supreme Court Justice bobblehead doll auctions hangs in the balance." "Patently-O: Patent Law Blog" offers a post titled "Case Questioning Patent Injunction Standards Moves Towards Supreme Court." Speaking of which....
Posted at 04:00 PM by Howard Bashman



Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "Miers, Miers on the Wall: Harriet Miers as the human Rorschach test."

Emily Bazelon has a jurisprudence essay entitled "Harriet's Man: The Texas judge who is vouching for Miers on Roe."

William Saletan has a frame game essay entitled "Culture of Litmus: Don't you dare judge Harriet Miers on abortion."

And in the podcast category, Andy Bowers has an item titled "The LBJ Tapes: A Crony on the Court? The president taps a friend for the Supreme Court, and we have the tapes!"
Posted at 03:50 PM by Howard Bashman




My BlackBerry looks concerned: Reuters reports that "US appeals court rejects rehearing of RIM-NTP case."

And The Associated Press reports that "Court Nixes Full Appeal in Blackberry Suit."
Posted at 03:48 PM by Howard Bashman




Allegedly provocative dancer banished, due to her supposedly suggestive moves, from dances held at town's community center brings federal civil rights claim and wins a portion of her Fourth Circuit appeal from an order dismissing the case: Today's ruling of the U.S. Court of Appeals for the Fourth Circuit can be accessed here.

While the appellate court rules that "recreational dancing is not protected by the First Amendment," the appellate court nevertheless vacates the district court's grant of summary judgment in favor of the town on the plaintiff's class-of-one Equal Protection claim and remands the matter to the trial court for further proceedings.

The majority opinion explains, "According to the Town's evidence, Willis danced in a sexually provocative manner--gyrating and simulating sexual intercourse with her partner while 'hunch[ed]' on the floor. The Town's evidence indicates that Willis wore very short skirts and would frequently bend over while dancing, exposing her underwear, her buttocks, and her 'privates.'"
Posted at 03:15 PM by Howard Bashman




Divided three-judge Second Circuit panel rejects emergency room doctors' antitrust grievance: The lawsuit was brought by licensed physicians who practice or had practiced emergency medicine throughout the United States even though they did not complete formal residency training programs in that specialty.

Those plaintiffs sued the American Board of Emergency Medicine, the Council of Emergency Medicine Residency Directors, twenty-eight named hospitals, and various individuals now or previously associated with these institutions and organizations, alleging that defendants colluded to restrain trade in connection with the practice of emergency medicine in violation of Section 1 of the Sherman Act and to monopolize or attempt to monopolize the market for ABEM-certified and -eligible doctors in violation of Section 2 of the Sherman Act.

Today, the Second Circuit ruled by a 2-1 vote, in an opinion you can access here, that plaintiffs lack antitrust standing to pursue the lawsuit.
Posted at 03:08 PM by Howard Bashman




That didn't take long: On Monday, The Boston Globe contained an article headlined "Court tackles selection of juries; African-Americans underrepresented" that begins, "A federal appeals court in Boston is set to hear arguments today on a long-simmering issue that has galvanized legal and advocacy groups throughout the state: the lack of African-Americans on federal juries."

Today, a three-judge panel of the U.S. Court of Appeals for the First Circuit issued this decision in the case. In a nutshell, today's ruling declares unlawful this particular trial judge's efforts to increase African-American representation in the jury pool.
Posted at 02:50 PM by Howard Bashman




The first published order of the U.S. Supreme Court in which Chief Justice John G. Roberts, Jr. participated: You can access it here. In related news, The Associated Press reports that "'Gangsta rap' killer executed for trooper's death; Trial attorneys had argued that anti-police music led to the slaying."
Posted at 02:20 PM by Howard Bashman



"Judge Not: Miers is a crony, but she could still be a good justice." Also in the October 17, 2005 issue of The New Republic, Law Professor Jeffrey Rosen will have this essay (pass-through link).
Posted at 02:12 PM by Howard Bashman



"Does Pot Lead to Suicide for Supreme Court Justices? Vague Commerce Clause precedents give free rein to personal preferences." Jacob Sullum has this essay online today at Reason.
Posted at 02:10 PM by Howard Bashman



"Welcome to the Hackocracy: The New Republic has scoured the Bush administration to find the next Michael Brown; We found the 15 Bush bureaucrats you should worry about." This article will appear in the October 17, 2005 issue of The New Republic. And topping the list at number one (scroll down) just so happens to be a person nominated earlier this week to the U.S. Supreme Court.
Posted at 02:04 PM by Howard Bashman



"The Blogosphere and the Meirs Nomination": Hugh Hewitt offers these thoughts today at his blog.
Posted at 01:55 PM by Howard Bashman



Blogads utilized to market book written by U.S. Supreme Court Justice: Scroll down this page to see. Pretty cool!
Posted at 01:25 PM by Howard Bashman



"Kansas Supreme Court Ousts County Judge": The Associated Press provides a report that begins, "The Kansas Supreme Court on Friday ousted a county judge for viewing Internet pornography on his office computer." You can access today's ruling of the Supreme Court of Kansas at this link. Proving, once again, that judges shouldn't view porn at work except when their job requires it.
Posted at 01:20 PM by Howard Bashman



"Bush predicts Miers will be confirmed to court": Reuters provides this report.

And Jesse J. Holland of The Associated Press has a report headlined "Bush: Miers Will Be Confirmed to Top Court."

A transcript of President Bush's remarks this morning can be accessed here.
Posted at 12:35 PM by Howard Bashman




"SJC hears challenge to marriage law; State 'turned on a dime,' plaintiffs say of 1913 law": This article appears today in The Boston Globe.

The Republican of Springfield, Massachusetts reports today that "Gay couples challenge old state law."

And The Boston Herald today contains an editorial entitled "Protect marriage here, elsewhere."
Posted at 12:30 PM by Howard Bashman




What she meant to say was Warren [sic] H. Rehnquist, Warren [sic] Scalia, and Warren [sic] Thomas: "Underneath Their Robes" offers a post titled "Harriet Miers: 'Mmm... Burger...'"
Posted at 12:14 PM by Howard Bashman



"Justice Grows to the Left": At "IntentBlog," Deepak Chopra today has a post that begins, "When Pres. Bush tried to assure his right-wing base that Harriet Miers would not change her judicial philosophy for the next twenty years, he made a horrifying promise."
Posted at 12:12 PM by Howard Bashman



Sixth Circuit judges, when in dissent from en banc dispositions, apparently find it difficult not to complain about the composition of the en banc court: Today the U.S. Court of Appeals for the Sixth Circuit issued this order on remand from the U.S. Supreme Court in Abdur'Rahman v. Bell.

The second page of today's order consists of a dissent in which five Sixth Circuit judges have joined. The second to last paragraph of the dissent states:

Although not a point of dissent with the majority's order, we must also raise a procedural question with the composition of our en banc court in light of our two newest members. This case was originally heard by an en banc panel on December 3, 2003. Since that date, we have welcomed two new members to the Court, Judges McKeague and Griffin. These two new members were a part of the en banc Court which voted on this order. It seems counter-intuitive that a case that has already come before this Court as an en banc proceeding should have the composition of that court altered during the appeals process because of these additions while the case was under consideration by the Supreme Court. At this point, our statutes and rules of procedure leave this question unanswered and, after this order, it remains so.
Apparently turnabout is fair play.
Posted at 12:00 PM by Howard Bashman



"Harriet Miers: The Recusal Question." Emily Messner has this post today at The Washington Post's "The Debate" blog.
Posted at 11:55 AM by Howard Bashman



"Supreme Court road to mediocrity": Law Professor David Stras, who clerked for Justice Clarence Thomas, has this op-ed today in The Minneapolis Star Tribune.
Posted at 11:24 AM by Howard Bashman



"Miers' Wealth Declined Due to Mother's Care, Church Donations": This post appears today at "TaxProf Blog."
Posted at 10:33 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Santorum Says Little on Miers Nomination" and "Singapore Jails Bloggers for Racist Speech."
Posted at 10:18 AM by Howard Bashman



"Faith and Supreme Court Nominee Harriet Miers": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:12 AM by Howard Bashman



Laugh and the world laughs with you; Cry and be viewed as an inflexible, hard-core conservative: Given the Sturm und Drang that President Bush's nomination of Harriet E. Miers for the U.S. Supreme Court has precipitated, perhaps on a Friday it would be worthwhile to try for a laugh.

Readers are invited to submit attempts at humor in response to the question:

Why did President Bush nominate Harriet E. Miers to the U.S. Supreme Court?

Here are a few feeble early attempts at humor:

  • Because neither John Kerry nor Al Gore would have.
  • Because she was the best person he could find for the job.
  • Because she convinced him it would assure support from the spinster demographic when he ran for a third term as President in 2008.
Readers who wish to submit their own attempts at humor in response to this question are invited to do so via email.
Posted at 09:40 AM by Howard Bashman



"'Legislating from the Bench'": Law Professor Cass Sunstein has this interesting post at the "University of Chicago Law School Faculty Blog."
Posted at 08:55 AM by Howard Bashman



"Opening Arguments, Endlessly": The New York Times today contains an article that begins, "Inside every lawyer, it is said, there is a brilliant writer, held back by professional ambition or by fear of failure. Nowhere is that truism more evident than in the explosion of online blogs by, for and about lawyers."
Posted at 08:45 AM by Howard Bashman



Clever op-ed titles: In today's issue of The Cavalier Daily, Matt Waring has an op-ed entitled "My bologna has a second name."

And today in The Massachusetts Daily Collegian, Gil Jenkins has an op-ed entitled "Choking on another 'brownie.'"

Of course, if you dislike clever, you can settle for blunt. Today in The Washington Post, columnist Charles Krauthammer has an op-ed entitled "Withdraw This Nominee."
Posted at 07:33 AM by Howard Bashman




"Breyer is seen as a 'flexible' justice; The Supreme Court member talks about his philosophy at a lecture in Des Moines": This article appears today in The Des Moines Register.

And The Quad-City Times reports that "Supreme Court Justice Breyer praises democratic process during trip to Iowa."
Posted at 07:00 AM by Howard Bashman




"Obscure Texas Case Offers Peek Into Role Of Court Nominee; Amid 2000 Election Turmoil, Harriet Miers Took On A Constitutional Battle": Jess Bravin has this article (free access) today in The Wall Street Journal.

Tom Curry, national affairs writer for MSNBC, offers "7 questions for a Supreme Court in transition: What is O'Connor's role? When will we see Roberts' mark on the court?"

The Harvard Crimson reports today that "Faculty Cast Doubts On Supreme Court Nominee; Professors criticize Bush for choice of little-known nominee."

The Los Angeles Times contains articles headlined "Key Conservatives Demur on Miers; After meeting with Bush's Supreme Court choice, a GOP senator close to Christian conservatives declares himself unconvinced" and "Church Changes Led Miers to Join a Splinter Group."

The New York Times reports that "White House Tries to Quell a Rebellion on the Right" and "Questions Linger on Role of Miers in a Contract to Run the Texas Lottery."

The Washington Post contains articles headlined "Miers Makes Rounds On Hill; Some Senators Remain Skeptical"; "Right Sees Miers as Threat to a Dream"; and "The State of the Union Between the Right and the White House Turns Frosty."

USA Today contains articles headlined "White House working to shore up support of conservative groups"; "Staunch conservative to serve as Miers' guide; Court nominee's meet-and-greet continues on Hill"; and "As Texas lawyer, Miers was always prepared; Members of legal community share insights into career."

The Dallas Morning News today contains articles headlined "Corporate law career led Miers to few weighty issues; Despite routine nature of cases, nominee draws praise for legal skills"; "Key senator may vote 'no'; GOP's Brownback wants Miers' views on gay marriage, abortion"; "Miers' council votes show track record; Court nominee backed reforms abroad, local control while in Dallas"; and "Some church groups skeptical on Miers; Conservatives want assurance that nominee shares their agenda."

The Houston Chronicle reports that "Among some conservatives, Miers not making inroads; Despite meeting with the nominee, a key senator says his misgivings about her remain."

The Austin American-Statesman reports that "Miers first chatted up Bush at Austin gala; Longtime friend Nathan Hecht calls her pro-life."

The Indianapolis Star reports that "Coats to coach Miers in ways of the Senate; White House could be trying to reassure conservatives by turning to Hoosier."

The Des Moines Register reports that "Right's attacks on nominee 'despicable,' Harkin says."

The Kansas City Star reports that "Brownback has concerns after talk with Miers."

The Milwaukee Journal Sentinel reports that "Feingold puzzled by president's Supreme Court nomination; He questions qualifications, stance of Miers."

The San Francisco Chronicle reports that "Gay advocates partly positive on Bush's nominee; White House shifts tactics, emphasizes Miers' credentials as evangelical Christian."

The Denver Post reports that "Dobson leads evangelicals to Miers; Many Christian conservatives give Bush benefit of doubt on nominee."

The Rocky Mountain News reports that "Allard, Salazar focus on Miers' confirmation hearings."

Newsday contains an article headlined "A hint, or perhaps not, of her stand; Court nominee's battle a decade ago on behalf of Texas bar is her only documented position on abortion."

The Washington Times reports that "Democrats let the right lead attack on Miers nod."

And The Harvard Law Record reports that "Bush Names Harriet Miers to Replace Justice Sandra Day O'Connor."
Posted at 06:55 AM by Howard Bashman



Thursday, October 06, 2005


"Foe of Abortion, Senator Is Cool to Court Choice": This article will appear Friday in The New York Times.
Posted at 10:40 PM by Howard Bashman



"State high court urged to overturn ban on free tobacco; R.J. Reynolds gave cigarettes at events in California, was fined $14.8 million, now argues only feds regulate such promotions": Bob Egelko has this article today in The San Francisco Chronicle.

David Kravets of The Associated Press reports that "Calif. Court Reviews Tobacco Freebie Law."

And law.com reports that "Calif. Supreme Court Hints at Remanding Free Cigs Case."
Posted at 10:30 PM by Howard Bashman




"11th Circuit Weighs What Counts as 'Face to Face'; Federal appeals court asked if videoconferenced testimony violates Sixth Amendment": law.com provides this report. My earlier coverage is here.
Posted at 10:23 PM by Howard Bashman



"City hosts justices; California Supreme Court holds special session in Redding": The Record Searchlight of Redding, California today contains an article that begins, "The California Supreme Court packed them in Wednesday when it conducted a special session in Redding, the first time in its history that it has held proceedings north of Sacramento."
Posted at 10:18 PM by Howard Bashman



"Miers espoused progressive views as elected official, records show": Stephen Henderson of Knight Ridder Newspapers provides this report.

The Dallas Morning News on Friday will report that "Key GOP senator balks at Miers."

At law.com, Marcia Coyle has an article headlined "Life Without the Critical Fifth Vote: A look at some of the key high court cases likely to be affected by O'Connor's absence."

The Associated Press provides reports headlined "Newsview: Miers Lacks Court Qualifications"; "Adversary says Miers unpleasant but not dishonest"; and "Scotus Poll."

You can access online the results released today of a poll described as "AP/Ipsos Poll: Supreme Court Nominee Miers Has Less Public Support Than Roberts Had."

At Salon.com, Dan Noyes has an essay entitled "Harriet Miers is all business: Bush's Supreme Court nominee does have a paper trail -- leading to major corporations." And Amy Sullivan has an essay entitled "Miers: Not the first evangelical justice; Born-again Christians say they're unrepresented. But Clarence Thomas was an evangelical when he joined the court."

In The Dallas Observer, Jim Schutze has an article headlined "Die-In: Harriet Miers' conservative views drew threats of an ugly protest in 1989." And back on January 4, 2001, The Dallas Observer published an article headlined "Dubya, We Knew You When...; With a homeboy headed for the White House, a handful of his Dallas pals have hopes of making their mark on Washington."

In The Seattle Weekly, Rick Anderson has an essay entitled "Harriet Miers and MS-DOS: The Supreme Court nominee helped defend Microsoft against consumer lawsuits."

In The Boston Phoenix, Harvey A. Silverglate has an essay entitled "Harriet Miers: news from nowhere."

And The Village Voice provides reports headlined "The Conservative Crack-Up Over Harriet Miers; Groans heard as Bush hands Court pick to mystery nominee" and "The Whistleblower and Harriet Miers: Questions linger about Court nominee's time with Texas Lottery."
Posted at 09:44 PM by Howard Bashman




"Oregon's controversial suicide law Chief Justice's first case": This article appears Friday in The Sydney Morning Herald.

The Telegraph (UK) reports today that "New US Supreme Court chief defends euthanasia curbs."

The Guardian (UK) reports today that "Assisted suicide case opens."

The Sacramento Bee reports that "Roberts presides over assisted-suicide case; The Supreme Court seems sharply split over Oregon's law."

The Oregonian contains articles headlined "Justices clash over fate of Oregon's suicide law; Appearing divided, court debates federal, state roles"; "'The issue here is control' in dying, plaintiff says"; and "In Congress: Wyden and Wu say they're ready for a new fight." The newspaper also contains an editorial entitled "Roberts comes out swinging; The new chief justice seems to signal doubts about Oregon's doctor-assisted suicide law."

The Salem Statesman Journal contains articles headlined "Justices grill lawyers about case; The assisted-suicide hearing sheds little light on the court's leanings"; "Debate over Oregon's unique law intensifies; Supreme Court is calm inside, chaotic outside as activists fill steps"; "Willamette law professor follows arguments; Valerie Vollmar says court has a narrow view of the issue"; and "Legal process, not outcome, informed people, doctor says; Statewide debate likely taught people about death issues."

The Eugene Register-Guard reports that "Supreme test for Oregon; Justices' questions focus on federal authority over state's law."

The Associated Press reports from Oregon that "Terminal patient has his pills, says he will die on his terms."

Slate offers an explainer headlined "How Does Assisted Suicide Work? A guide to 'Death With Dignity' in Oregon."

And yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Supreme Court Hears Divisive Assisted Suicide Case" (transcript with links to video and audio).
Posted at 07:54 PM by Howard Bashman




"Sen. Brownback on Miers Nomination": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:35 PM by Howard Bashman



Available online from Newsweek: Howard Fineman has an essay entitled "Mother Hen Nominee: How Harriet Miers fits the mold of Bush's forceful inner circle--and what she says about the president's roots."

And Andy Borowitz has an essay entitled "Crash Course: Our columnist imagines a presidential gift to Supreme Court nominee Harriet Miers."
Posted at 06:04 PM by Howard Bashman




"Miers, Supporters Work to Silence Revolt": Jesse J. Holland of The Associated Press provides this report.
Posted at 05:58 PM by Howard Bashman



"Court Throws Out Challenge to Ohio's 'Choose Life' Tags": CNSNews.com provides this report. You can access last week's ruling of the U.S. District Court for the Northern District of Ohio at this link.
Posted at 05:50 PM by Howard Bashman



"Experience needed? The long history of nonjudge justices; Nearly half of justices had no prior experience on the bench." Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 05:45 PM by Howard Bashman



"Miers Helped Bush Hide 'Questionable Tax Advantage'": This post appears today at "TaxProf Blog."
Posted at 04:35 PM by Howard Bashman



"Abortion Views Key for Miers Backers, Foes": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:02 PM by Howard Bashman



Today the U.S. Court of Appeals for the Eleventh Circuit heard reargument en banc in a case asking whether allowing two essential witnesses to testify during a federal criminal trial in Alabama via two-way video teleconference from Australia violated the defendant's Sixth Amendment confrontation clause rights: The questions before the en banc court are listed here.

The three-judge panel's opinion overturning the conviction can be accessed at this link, while my coverage of that ruling is here. Finally, the order granting rehearing en banc is here.
Posted at 02:55 PM by Howard Bashman




"This is what 'advice and consent' means; Harriet Miers isn't qualified to play a Supreme Court justice on 'The West Wing.'" Ann Coulter has this essay online at Town Hall.
Posted at 02:45 PM by Howard Bashman



"AOL to buy Weblogs, courts bloggers": Notwithstanding the headline of this Reuters article, let me go on record as one courts blogger who is unlikely to sell himself to AOL.
Posted at 02:32 PM by Howard Bashman



"Mass. Court Hears Gay Marriage Lawsuit": The Associated Press provides a report that begins, "In a case closely watched across the country, the court that made Massachusetts the first state to legalize gay marriage was asked Thursday to decide whether same-sex couples from out of state can tie the knot here, too."
Posted at 02:30 PM by Howard Bashman



"Problems With 'Privacy,' And What To Do About Roe": Stuart Taylor Jr. has this essay in this week's issue of National Journal.
Posted at 02:25 PM by Howard Bashman



"Panel wants most court files kept off Web; Electronic viewing of public information should be curbed, new guidelines suggest": The Toronto Globe and Mail today contains an article that begins, "A key judicial advisory committee has recommended that individual Canadians should not be able to use their home computers to read most court documents, even though Internet technology is making this increasingly feasible. The new guidelines say that judges' decisions and some case information should be available to everyone by remote access, but detailed filings such as affidavits, motion records and pleadings should not get this kind of exposure, even though they are public documents."
Posted at 12:33 PM by Howard Bashman



"Del. court protects blogger's identity; Justices rule that online criticism is free speech": This article appears today in The News Journal of Wilmington, Delaware. The New York Times reports that "Delaware Supreme Court Declines to Unmask a Blogger." And The Associated Press reports that "Court Rules in Favor of Anonymous Blogger."

Yesterday's ruling of the Supreme Court of Delaware can be accessed at this link.
Posted at 12:24 PM by Howard Bashman




"Sen. Brownback is key to nominee Miers' fate; Kansas senator prepares for meeting with Supreme Court nominee": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 12:22 PM by Howard Bashman



"Miers' Background: Mainstream, Establishment; Miers Likely Would Be Moderate Conservative ": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:20 PM by Howard Bashman



"Australian Court Rules Modified PlayStation Legal": Reuters provides this report.

The Associated Press reports that "Australian Court Rules 'Mod Chips' Legal."

Friday's edition of The Sydney Morning Herald contains articles headlined "High Court chips away at Sony's stranglehold" and "For all Sony's mod cons, technology is still playing games."

Friday's edition of The Melbourne Sun contains articles headlined "Games players win in High Court battle" and "Court opens Pandora's computer copyright box."

BBC News reports that "PlayStation loses chipping case; Sony has lost a legal battle in Australia over the modifying of its PlayStation games console."

And Slashdot offers a thread titled "PS2 Mod Chips Legal In Australia."

You can access today's ruling of the High Court of Australia at this link, and a summary of the ruling is here.
Posted at 11:28 AM by Howard Bashman




"the talking dog" blog interviews Law Professor Neal Katyal, lead civilian attorney for the petitioner in Salim Hamdan v. Donald Rumsfeld: The case is pending on petition for certiorari before the Supreme Court of the United States. You can access the very interesting interview at this link.
Posted at 10:35 AM by Howard Bashman



"The Myth of the Paper Trail: You don't have to be a tyro to make it on SCOTUS." Tim Cavanaugh has this essay online at Reason.

Online at The New Republic, Noam Scheiber has an essay entitled "Merit Scholars: Conservatives were above elitism; Then came Miers." And Jason Zengerle has an essay entitled "Thin Reid: Why Harry Reid is wrong about Harriet Miers" (pass-through link).

Finally, at Salon.com, Joan Walsh has an essay entitled "Harriet the meek: Why is Bush selling Miers as a lady, not a lawyer?"
Posted at 10:14 AM by Howard Bashman




"Massachusetts Court Weighs Out-of-State Gay Marriage": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:02 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Miers Unfazed by Criticism, Friend Says"; "Miers Wealth Shrank During Time in D.C."; and "Dobson Question His Support for Miers."
Posted at 09:58 AM by Howard Bashman



"My Thoughts On The Assisted Suicide Argument": Tom Goldstein has this interesting post online at "SCOTUSblog."
Posted at 09:10 AM by Howard Bashman



"Killer's death sentence nixed again; Court says jury received faulty instructions about weighing mental status for Penry": This article appears today in The Houston Chronicle.

The Austin American-Statesman today contains an article headlined "Killer's death sentence lifted for 3rd time; Questions of Penry's mental capacity produce third reversal in 25 years."

The Fort Worth Star-Telegram reports that "Sentence overturned; uncertainty remains."

The San Antonio Express-News reports that "Killer's death penalty tossed."

And The Dallas Morning News contains an editorial entitled "Just Decision: Texas court right to overturn death sentence."

My earlier coverage of yesterday's ruling can be accessed here.
Posted at 09:00 AM by Howard Bashman




"Court to assess gay-unions case": The Republican of Springfield, Massachusetts today contains an article that begins, "Attorney General Thomas F. Reilly is highlighting Connecticut's refusal to recognize gay marriages as a reason to uphold an old Massachusetts law being used to prevent gays from other states from marrying here." The article goes on to report that "Justices on Massachusetts highest court are scheduled to hear a lawsuit this morning in Boston that seeks to allow out-of-state gay couples to marry in Massachusetts."
Posted at 08:54 AM by Howard Bashman



"Deal made to speed appeal of pledge case": The Sacramento Bee today contains an article that begins, "A strategy to expeditiously move Michael Newdow's challenge of the words 'under God' in the Pledge of Allegiance to an appellate court was agreed to Wednesday by a federal judge and attorneys on both sides."
Posted at 08:15 AM by Howard Bashman



"Justices Explore U.S. Authority Over States on Assisted Suicide": Linda Greenhouse has this article today in The New York Times. And a related article is headlined "Outside Court, Fierce Debate on State Law."

In The Washington Post, Charles Lane reports that "Court Hears Case on Suicide Law; Roberts Seems Skeptical of Giving State Legislative Power."

In The Los Angeles Times, David G. Savage reports that "Justices Hear Oregon Right-to-Die Case; It's the first big test of the Roberts court, which appears split on whether the U.S. can prohibit lethal prescriptions of drugs by doctors."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Roberts court hears assisted suicide case; Oregon law appears to divide justices."

In USA Today, Joan Biskupic has articles headlined "Justices weigh assisted suicide; Ore. law at odds with U.S. policy" and "Chief Roberts settles right in; High court opens with new leader, without stripes."

In The Boston Globe, Charlie Savage reports that "Law allowing physician-assisted suicide reaches high court; White House seeks to block Oregon statute."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Assisted suicide sparks debate on Supreme Court; New chief justice asks many pointed questions of defenders of Oregon law."

The Houston Chronicle reports that "Assisted-suicide law puts Bush's appointee to the test; Oregon case now before high court a first for Roberts, maybe for Miers."

And The San Jose Mercury News reports that "Roberts presides as justices hear assisted-suicide case; Arguments skirt moral issues, focus on federal drug laws."
Posted at 07:22 AM by Howard Bashman




"Crony cachet": Today in The Washington Times, Bruce Fein has an op-ed that begins, "Cronyism is the signature of the Bush administration. Harriet Miers' nomination to the United States Supreme Court is the high-water mark. The Senate should reject the nomination to honor the original meaning of the Constitution."
Posted at 06:55 AM by Howard Bashman



"Few Clues to Miers' Convictions; The nominee's life has been marked by dramatic political and religious shifts, which have raised questions about her core beliefs": This lengthy profile appears today in The Los Angeles Times, along with an article headlined "GOP Doubts Build Over Court Choice; Several Republican senators warn they may vote against Miers, while activists challenge her qualifications; Some see pick as a win for the left."

The New York Times today contains articles headlined "Texas Justice, With Ties to Bush and His Supreme Court Choice, Serves as Her Spokesman" and "Quiet Force for Change in a Male-Dominated Era."

The Washington Times contains articles headlined "Republican activists slam Miers nomination"; "Rove played an active role in selection of Miers"; and "Miers wins over some Republicans."

USA Today contains articles headlined "Friends, family offer fuller picture of Miers; Say modesty has obscured credentials" and "White House trying to smooth waves of Republican doubt."

The Chicago Tribune contains an article headlined "A demand for `transparency'; Both sides want Miers to clearly state views on abortion."

The Houston Chronicle reports that "GOP's anxiety spreads despite praise for Miers; Qualifications and acceptance by Democrats worry conservatives."

The Des Moines Register contains an article headlined "Grassley: Still a lot to learn about Miers."

The Denver Post reports today that "Tancredo 1st in GOP to oppose Miers; The Coloradan says Miers doesn't have the resume and won't be able to sway others on the high court."

The Chronicle of Higher Education reports that "Supreme Court Nominee Helped Set Up Lecture Series That Brought Leading Feminists to Southern Methodist U."

The Boston Globe reports that "GOP senators say they need more information from Miers."

The Rocky Mountain News reports that "Dobson admits doubt; Focus founder questioning early endorsement of Miers."

The St. Petersburg Times reports that "Miers may require a supreme sales job; Discontent among some conservatives may make her road to the high court harder than might have been expected."

The Pittsburgh Post-Gazette reports that "Miers greeted coolly on right."

The Providence Journal reports that "Supreme Court candidate has her fans and foes in R.I.; Former Gov. Lincoln C. Almond is one of her supporters, while Marti Rosenberg, a spokeswoman for Ocean State Action, has concerns."

The Hill contains an article headlined "Gang: 'no alarm bells.'"

And The Daily Pennsylvanian reports that "Lawmaker wary of Court nominee."
Posted at 06:44 AM by Howard Bashman



Wednesday, October 05, 2005


"Mortgaging Miers' Future": Lyle Denniston has this interesting commentary online at "SCOTUSblog."
Posted at 11:50 PM by Howard Bashman



"Intelligent-design trial resumes today; Both sides say the outcome could hinge on whether the Dover school board had a religious agenda in its policy change": This article appears today in The Philadelphia Inquirer.

And The York Daily Record today contains articles headlined "Professor to testify about 'wedge' plan; A philosophy instructor is expected to talk during today's Dover trial about intelligent design's links to creationists"; "Students not likely to testify; Though the case is about what kids hear in class, none are expected to testify"; and "Dover considers how to pay; If the district loses the case, the board will gather donations rather than raise taxes."
Posted at 11:45 PM by Howard Bashman




In news from Virginia: The Richmond Times-Dispatch reports today that "W&M names O'Connor to post; Retiring justice will succeed Kissinger as college's chancellor."

And The Virginia Gazette reports today that "Justice O'Connor named chancellor."
Posted at 11:38 PM by Howard Bashman




"New Questions From the Right on Court Pick": This article will appear Thursday in The New York Times.

The Washington Post on Thursday will contain articles headlined "Conservatives Confront Bush Aides; Anger Over Nomination of Miers Boils Over During Private Meetings" and "The Sales Calls Begin on Capitol Hill, but Some Aren't Buying."

And The Dallas Morning News on Thursday will contain articles headlined "Bush buffeted by conservative storm of concern over nominee; Republican senators issue tough questions; Hutchison touts Miers" and "SMU peers remember Miers as 'all business'; They recall her drive but got little insight on her politics, beliefs."
Posted at 11:30 PM by Howard Bashman




"Supreme Court hears arguments over Oregon's assisted-suicide law": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 09:10 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "High Court Reviews Oregon Assisted-Suicide Law" (featuring Nina Totenberg) and "Miers Gets Mixed Reception from Christian Right." RealPlayer is required to launch these audio segments.
Posted at 08:33 PM by Howard Bashman



"Gods vs. Geeks: GOP evangelicals fight intellectuals over Harriet Miers." John Dickerson has this essay online at Slate.
Posted at 08:28 PM by Howard Bashman



Charles Lane of The Washington Post is reporting: He has news updates headlined "Supreme Court Holds Hearing On Assisted Suicide Case" and "High Court Hears Md. Special-Ed Case."
Posted at 08:20 PM by Howard Bashman



"They're Dying in Oregon: Should the Supreme Court save them?" Emily Bazelon has this Supreme Court dispatch online at Slate.
Posted at 06:04 PM by Howard Bashman



"Concerns about Miers persist": Reuters provides this report.

And Jesse J. Holland of The Associated Press reports that "Some Unhappy With Bush Pick for High Court."
Posted at 05:44 PM by Howard Bashman




"Lott: 'Not comfortable' with Miers' nomination; Miss. Senator says he'll need more information before supporting nominee." MSNBC provides this report.

And today's broadcast of the public radio program "Here and Now" contained a segment entitled "Conservatives Divided over Miers" featuring Pat Buchanan.
Posted at 05:00 PM by Howard Bashman




"Solomon's Wisdom Eludes Harvard; The University's response helps conservatives, not gays": John Hastrup had this op-ed yesterday in The Harvard Crimson.
Posted at 04:54 PM by Howard Bashman



"Roberts Questions Lawyers on Oregon's Assisted-Suicide Law": David G. Savage of The Los Angeles Times provides this news update.

Linda Greenhouse of The New York Times provides a news update headlined "Supreme Court Hears Arguments on Oregon's Assisted-Suicide Law."

And law.com's Tony Mauro provides a news update headlined "High Court Hears Arguments on Assisted Suicide Law; O'Connor's status on the bench could play a part in the case's outcome."
Posted at 04:35 PM by Howard Bashman




"Miers, Roberts, And Inequality: The new justices will affect the lives of millions of Americans." Robert B. Reich has this essay online today at The American Prospect.
Posted at 04:33 PM by Howard Bashman



"Harriet Miers and the Myth that Great Supreme Court Justices Must Be Former Judges from Elite Law Schools": Law Professor Scott D. Gerber has this essay online today at FindLaw.
Posted at 04:23 PM by Howard Bashman



"Supreme Court Cronyism: Bush restarts a long and troubled tradition." David Greenberg has this history lesson essay online at Slate.
Posted at 04:22 PM by Howard Bashman



"Conservatives wary of Miers": This article will appear Thursday in The Christian Science Monitor.
Posted at 04:05 PM by Howard Bashman



No 1996 Dodge Ram pickup truck, no recovery for plaintiff who claims the truck's airbag failed to deploy in a collision: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued an opinion that concludes: "We cannot imagine a case in which the evidence destroyed would prove more critical. The resulting prejudice to defendant is incurable by any sanction other than dismissal. As such, we reverse the district court's decision regarding spoliation, and vacate the court's order with instructions to enter judgment for the defendant." Today's ruling overturns a $250,000 personal injury award against Daimler Chrysler Corp.
Posted at 04:00 PM by Howard Bashman



"Low-IQ killer's death sentence overturned for third time": The Associated Press provides a report that begins, "Convicted killer Johnny Paul Penry, whose case helped spark national debate over whether mentally impaired inmates could be executed, had his death sentence overturned today for the third time." You can access today's majority opinion of the Texas Court of Criminal Appeals, that State's highest court in criminal matters, at this link, while dissenting opinions can be accessed here and here.
Posted at 03:45 PM by Howard Bashman



"Property grabs and the Gulf; Local governments will likely use eminent domain to rebuild; who will that help?" CNN/Money provides this report.
Posted at 03:40 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Arguing Assisted Suicide" (featuring Emily Bazelon) and "A Personal Plea for the Right to Assisted Suicide." RealPlayer is required to launch these audio segments.
Posted at 03:38 PM by Howard Bashman



"Top court seems closely divided on suicide law": Reuters provides this report.

Gina Holland of The Associated Press reports that "High Court Weighs in on Assisted Suicide."

And at "SCOTUSblog," Lyle Denniston has a post titled "Close division on 'death with dignity.'"
Posted at 01:23 PM by Howard Bashman




"Nominee Has Long Backed Legal Services; Improving Access To Justice Is Issue Close to Her Heart": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 11:44 AM by Howard Bashman



"Mrs. Smith goes to Washington: Clothes that do a girl justice." The New York Daily News today contains an article that begins, "Goodbye, stripper heels, hello sensible shoes! With the nation's attention focused on the Supreme Court this week, we can't help but notice that Anna Nicole Smith, whose case is due to be heard by the venerable panel early next year, just doesn't, um, fit in."
Posted at 11:15 AM by Howard Bashman



"Bush defends court nominee; Despite assurances, both sides press for more information": This article appears today in The Baltimore Sun, along with an article headlined "Faith seen as guiding force in Miers' life; But little indication how it might color opinions."

Newsday today contains articles headlined "Bush: She's one of us; Bush responds to conservatives bewildered by his naming of Miers as court nominee" and "Religion played a role in her swing to the right."

The San Antonio Express-News reports that "Bush reaches out to soothe both left and right."

Bob Egelko of The San Francisco Chronicle reports that "Miers interned with Melvin Belli but returned to Dallas."

In related coverage, The San Francisco Examiner contains an essay by P.J. Corkery entitled "Harriet Miers' Barbary Coast days."

The Salt Lake Tribune reports that "Hatch says private-sector past of Miers would be a plus."

The Deseret Morning News reports that "Miers nomination hailed; Utah's chief justice says it could help break female stereotypes."

The Kansas City Star reports that "Brownback hopes talk with Miers will ease doubts."
Posted at 10:54 AM by Howard Bashman




The AP is reporting: Now available online are articles headlined "Miers' Views, Actions Draw More Scrutiny"; "Some Groups Not Happy With Top Court Nod"; and "Miers Helped Lead Texas Law Firm."
Posted at 10:48 AM by Howard Bashman



"High Court Weighs in on Assisted Suicide": Gina Holland of The Associated Press provides this early report on today's oral argument.
Posted at 10:44 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Weighs Assisted Suicide Case" (featuring Nina Totenberg); "Special Education Battles at Issue in High Court Case"; "GOP Senators Cautious on Miers Nomination"; and "Appointing from the Inner Circle."
Posted at 09:10 AM by Howard Bashman



"Those who object to the Miers nomination do not object to her lack of credentials. They object to her lack of what the credentials represent: some indication of outstanding ability." At National Review Online, this post appears today in "David Frum's Diary."
Posted at 09:04 AM by Howard Bashman



In news from Oregon: The Salem Statesman Journal today contains articles headlined "State officials to make case today for assisted-suicide law"; "Oregon death law hits national stage; Issue personal for Salem man"; and "Ex-governor predicts suicide law will stand; It has raised awareness of death issues, Roberts says."

And The Oregonian reports today that "Suicide law goes before high court; Death With Dignity Act - The debate begins today on whether a federal agency overstepped its authority."
Posted at 08:15 AM by Howard Bashman




"Latest First Amendment Contest Erupts Between Judge, McGraw-Hill": Josh Gerstein has this article today in The New York Sun.
Posted at 07:50 AM by Howard Bashman



Dear Chief Justice Roberts: Any chance Justice Souter might reconsider his "Over my dead body!" objection to televising the Court's proceedings? C-SPAN's recent letter to the Chief Justice of the United States can be accessed here.

Update: Referring to the first sentence of the letter, a reader emails to note that the Chairman and CEO of C-SPAN is the last person the reader would expect to misspell the last name of Senate Judiciary Committee chairman Arlen Specter (R-PA). The letter's enclosure also contains a misspelling of Justice Sandra Day O'Connor's last name. Good thing Chief Justice John G. Roberts, Jr. isn't a stickler for typos.
Posted at 07:20 AM by Howard Bashman




"Va. College's Ruling? O'Connor Welcome." The Washington Post today contains an article that begins, "U.S. Supreme Court Justice Sandra Day O'Connor will be the next chancellor of the College of William and Mary, an honorary appointment with particular resonance for the school's new president, constitutional law scholar Gene R. Nichol."
Posted at 07:15 AM by Howard Bashman



"Bush Fends Off Sharp Criticism of Court Choice": This article appears today in The New York Times, along with articles headlined "In Midcareer, a Turn to Faith to Fill a Void" and "President, Citing Executive Privilege, Indicates He'll Reject Requests for Counsel's Documents."

The Washington Post today contains articles headlined "Bush Defends Supreme Court Pick; President Reassures Conservatives on A Range of Issues"; "Strong Grounding in the Church Could Be a Clue to Miers's Priorities"; and "A Pick That Blurs Party Lines and Stalls 'Rapid Response'; White House Works To Sell Miers to Skeptics on Right."

The Los Angeles Times contains articles headlined "Nominee 'Best Person I Could Find,' Bush Says"; "Miers Called an Opponent of Abortion"; "The Right Sees a Strong -- and Wrong -- Signal"; and "Miers Took a Nontraditional Path to Success; Many other women in high-level political jobs have struggled to find a work-family balance."

The Wall Street Journal reports that "Activists Hunt for Paper Trail on Miers; As Both Sides Struggle to Define High Court Nominee, White House Allies Defend Her" (free access).

USA Today contains articles headlined "Bush defends his pick for court; Rejects criticism by conservatives" and "Senators look for best angle on Miers; Lacking long paper trail, parties eager for hearings."

The Boston Globe contains articles headlined "President defends pick amid criticism; Despite split on the right, he calls Miers 'keen mind'"; "Miers has backed wide executive role; Was on team that developed Patriot Act"; "Bush pick described as advocate for the poor, former convicts; In Dallas, Miers fostered legal aid"; and "R.I. firm was subject of probe when Miers ran Texas lottery."

The Washington Times contains articles headlined "Bush reassures conservatives on Miers nod"; "Religious conversion redefined nominee's worldview"; and "Miers' views on homosexual rights scrutinized."

The New York Sun reports that "'This Woman Deserves to Be on the Bench,' Bush Tells the Nation."

The Dallas Morning News contains articles headlined "Bush defends Miers to the right; Trying to quell doubts, he insists court pick has conservative philosophy"; "Texas justice touts Miers with White House approval"; "Miers would be court's first evangelical"; "Miers stuck to party line in 4 online chats"; and "Supporters voice faith in nominee; They say her religious outlook won't affect opinions on cases."

The Fort Worth Star-Telegram reports that "Miers' church background may offer insight."

The Houston Chronicle reports that "Bush defends court choice from attacks from the right; Conservatives question Miers' qualifications and her politics."

The Pittsburgh Post-Gazette reports that "Bush defends choice of Miers for Supreme Court" and "Once again, focus shifts to nominee's views on abortion."

The Sacramento Bee reports that "Miers shares his philosophy, president says."

The San Francisco Chronicle reports that "Bush defends Miers from his own; President's supporters rush to attack nominee as a crony lacking record and intellectual depth."

The St. Petersburg Times reports that "Bush assures his base it can trust in his pick; In a Rose Garden news conference, the president touches on many issues, but most of the talk regards his latest choice for the Supreme Court."

The Denver Post contains an article headlined "Salazar: Miers an 'unknown quantity' and needs review."

And The Rocky Mountain News reports that "Salazar sweats Miers; Evangelist Dobson's inside knowledge unnerves senator."
Posted at 07:10 AM by Howard Bashman




"Can This Nomination Be Justified?" Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 07:05 AM by Howard Bashman



"Serving Life, With No Chance of Redemption": Adam Liptak has this article today in The New York Times.
Posted at 07:04 AM by Howard Bashman



"The Right to Die": This editorial appears today in The New York Times.
Posted at 07:02 AM by Howard Bashman



"Responding to Critics, 9th Circuit Will Try Law of Large Numbers": law.com provides this report.
Posted at 07:00 AM by Howard Bashman


Tuesday, October 04, 2005


"Group wants suit over OHA reheard": The Honolulu Advertiser today contains an article that begins, "A group of Hawai'i taxpayers yesterday asked the 9th U. S. Circuit Court of Appeals to reconsider a ruling that threw out most of the taxpayers' lawsuit challenging the constitutionality of government funding for the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands."
Posted at 11:54 PM by Howard Bashman



"Bush's lawyer is tapped for court; Ally from early days of political career": Jan Crawford Greenburg has this article today in The Chicago Tribune. The newspaper also contains articles headlined "Known for wisdom, loyalty to president"; "Right and left unsure what to make of Miers"; and "Bush shows rare pragmatic side; But safe choice of Miers nomination riles some on right."

The Houston Chronicle today contains articles headlined "White House insider nominated to Supreme Court"; "Bush's 'pit bull in size 6 shoes' also has soft side"; "Curiosity surrounds little-known Miers; Parties show mixed reaction as they try to assess nominee's record"; and "Again, Hispanics disappointed; Well-qualified Latino jurists were overlooked for high court seat, leaders say."

The Baltimore Sun today contains articles headlined "Miers chosen for court; White House counsel's nomination sparks dismay on left and right"; "Loyalty is key in choice of Miers"; and "Bush returns to past in Miers nomination; President's selection for Supreme Court justice goes back to an older tradition of promoting nonjudges."

The Boston Globe contains articles headlined "Bush taps counsel for high court; Longtime aide would assume O'Connor's seat"; "President's pick has leaned left and right"; "For Bush, this pick may avert a battle"; "Both sides of the aisle vow to check Miers's record"; and "By helping out Bush, Miers built her career; Solved issues in Texas and Washington."

Newsday contains articles headlined "Bush picks from his inner circle; Nominee to replace O'Connor is counsel to White House, angers conservatives while Dems appear pleased"; "Miers is a pioneer but untested"; and "Bush nominates with an eye on the polls."

The Los Angeles Times contains articles headlined "Bush Selects Close Ally for Court; She has no judicial record but says she would 'strictly apply the laws'"; "A Bunt, Not a Swing for the Fences; Miers confounds Democrats and the GOP; Her sparse record is unlikely to alienate the left, but the right may not rush to her defense"; and "First Lady, Democratic Leader Helped Miers; Laura Bush wanted a female justice; Harry Reid suggested the White House counsel."

The Washington Times reports that "Bush taps Harriet Miers for court"; "Some Republicans balk, but confirmation expected"; and "Miers' backers calm doubters."

The Newark Star-Ledger reports that "Bush picks top aide to fill out high court; Nomination of Miers comes on the first day of Roberts era."

The Atlanta Journal-Constitution contains articles headlined "Bush taps loyalist for Supreme Court; White House aide a surprise to both parties" and "Nominee's Bush ties questioned; Links to lottery, Guard irregularities alleged."

The Denver Post reports that "Bush taps top aide as justice."

In The San Francisco Chronicle, Bob Egelko reports that "Former colleagues offer little judicial insight on nominee; No one seems to know how she would handle key issues facing the high court."

The Sacramento Bee contains articles headlined "Range of reactions to Bush's court choice; Pick may dodge philosophy fight" and "Many justices have been judicial novices; Success has varied among non-judges who've been chosen for Supreme Court."

The Seattle Post-Intelligencer contains articles headlined "Roberts and Miers linked to Microsoft; Each played a role in past lawsuits" and "Cantwell, Murray wait for a review of nominee."

In The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "Dodging a fight may fuel a fight."

The Rocky Mountain News reports that "Salazar, Allard look forward to learning more about Miers."

The Des Moines Register reports that "Some Iowans surprised by Bush's Supreme Court choice; Lawyers and leaders see Harriet Miers' lack of judicial experience as both a drawback and an asset."

The Portland (Me.) Press Herald reports that "Maine senators vow to scrutinize court nominee closely."

The Cincinnati Enquirer reports that "Ohio, Ky. senators praise high court nominee."

The Arkansas Democrat-Gazette reports that "Pryor, Lincoln likely to face stiff lobbying before voting on Bush nominee."

The Hartford Courant reports that "Thin Paper Trail Likely To Complicate Senators' Evaluation Of Nominee."

The Lawrence Journal-World reports that "Area law experts applaud Supreme Court choice."

The Norwich Bulletin reports that "Miers nomination raises eyebrows locally."

And The Gainesville Sun reports that "UF experts say being a judge not a must."
Posted at 10:45 PM by Howard Bashman




David G. Savage of The Los Angeles Times is reporting: In today's newspaper, he has articles headlined "A New Term, a New Chief Justice for Court; After a ceremony, Roberts presides over oral arguments in a workplace lawsuit" and "O'Connor's Role Likely to Be Symbolic."
Posted at 10:32 PM by Howard Bashman



Available online from Knight Ridder Newspapers: The Washington Bureau has posted online articles headlined "Miers' ties to conservative church may offer insights" and "Senate's top Democrat explains why he praised Miers so quickly."
Posted at 10:20 PM by Howard Bashman



For fans of "Arrested Development": How long until we see "Bob Loblaw's Blawg"?
Posted at 10:15 PM by Howard Bashman



"Miers gave mixed answers on gay rights; Bush: Abortion not discussed with nominee." CNN.com provides this report. The written answers are available here.
Posted at 10:10 PM by Howard Bashman



Mmmm, metadata: A reader emails this link to an opinion that a Magistrate Judge of the U.S. District Court for the District of Kansas issued last Thursday. According to the reader, the opinion may be "the most comprehensive look at the role of metadata in electronic document discovery."
Posted at 09:20 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Bush Reiterates Support for High Court Nominee Miers"; "Choice of Miers Divides Republicans" (featuring Nina Totenberg); and "A Look at Miers' Career in Texas." RealPlayer is required to launch these audio segments.

In addition, Ron Elving has a written essay entitled "Miers: Bush Gets the Fight He Wants."
Posted at 09:10 PM by Howard Bashman




"Intelligent design trial attracts global curiosity": This article appears today in The Harrisburg Patriot-News.

And The York Daily Record reports today that "Sub has no trouble with intelligent design."
Posted at 08:58 PM by Howard Bashman




"Blogs vs. the law: A showdown about third party commentary." The Pittsburgh Post-Gazette contains this article today.
Posted at 08:54 PM by Howard Bashman



"Main St. Plaza suit rejected; 10th Circuit ruling likely to end long legal battle": This article appears today in The Deseret Morning News.

The Salt Lake Tribune reports today that "SLC, LDS win fight over plaza; Judges say the city did not endorse the church by selling the right to public access on the Main Street site."

The Associated Press reports that "Appellate Court Backs Mormon Public Plaza."

Blogger Fritz Schranck has a post titled "Unlikely to second-guess its own advice."

My earlier coverage is here.
Posted at 08:44 PM by Howard Bashman




"Miers Seems Like Anti-Abortion Moderate": The AP provides this report.
Posted at 08:42 PM by Howard Bashman



"Supreme Court hears suicide law challenge": The Associated Press provides this preview of tomorrow's oral argument.

And The Salem (Ore.) Statesman Journal today contains articles headlined "Oregon's assisted-suicide case vital to many advocacy groups"; "Practicing to practice before Supreme Court; Attorneys have to be at top of their game to win over justices"; and "Willamette students differ about morality in talk about assisted suicide."
Posted at 08:33 PM by Howard Bashman




"Stickler Shock: Do Harriet Miers and John Roberts believe in the right to proper punctuation?" At Slate's "The Has-Been," Bruce Reed has this post.
Posted at 04:44 PM by Howard Bashman



"Bush: Abortion not discussed with nominee; President says Miers shares legal philosophy." CNN.com provides this report.
Posted at 04:42 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Cuban Agent Awaits Decision on Appeal" and "Colombia Court to Rule on Abortion Rights."
Posted at 04:23 PM by Howard Bashman



In Wednesday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain an article headlined "The woman who would be justice: Hard-working; Shy; Thorough; That's how colleagues describe court nominee Harriet Miers."

And Warren Richey will have an article headlined "High court takes up physician-assisted suicide; At issue: Federal authority to enforce drug laws versus the power of the states to regulate medicine."
Posted at 04:20 PM by Howard Bashman




"Bush's nomination of Miers splits conservatives; President predicts critics will be 'amazed' by her character, intellect": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 04:12 PM by Howard Bashman



"Prosecutor Thought Libby Deliberately Failed To Intervene On Reporter's Behalf": Today in The New York Sun, Josh Gerstein has an article that begins, "A special prosecutor investigating the leak of a CIA operative's identity concluded earlier this year that the Vice President's chief of staff, I. Lewis Libby, deliberately failed to intervene with a New York Times reporter jailed for refusing to testify in the probe because it would not be to his advantage for her to speak freely, according to a letter obtained by The New York Sun." The letter in question can be viewed at this link.
Posted at 03:50 PM by Howard Bashman



"In this case, the Microsoft Corporation, through its subsidiary, Microsoft Licensing, Inc., and business partner, Wetmore, attempted to set an ill-conceived trap to ensnare a suspected software pirate, HGI. The trap, however, only managed to ensnare Wetmore." So begins the "Background" section of an interesting decision that Circuit Judge Stanley F. Birch, Jr. issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. And matters may only get worse for Wetmore as a result of today's ruling.
Posted at 03:10 PM by Howard Bashman



Does a federal judge's oath demand that he apply the law as interpreted by the Supreme Court of the United States? Paul Horwitz has this interesting post at "PrawfsBlawg."
Posted at 02:44 PM by Howard Bashman



Regularly read, sometimes: "Underneath Their Robes" links here to the text of an interview with Seventh Circuit Judge Richard A. Posner, in which "Posner responded with a list of blogs that he said he reads regularly." Coincidentally, I just booked airline tickets for my trip to the University of Chicago Law School to debate the Solomon Amendment case on Monday, November 7, 2005.
Posted at 02:30 PM by Howard Bashman



The wire services are reporting: Jesse J. Holland of The Associated Press reports that "Hatch Offers Support for Miers Nomination." And in other news, "O'Connor Named Chancellor at Va. College" (additional information is available in a press release entitled "Supreme Court Justice Sandra Day O'Connor to succeed Secretary Henry A. Kissinger as William and Mary Chancellor").

Meanwhile, Bloomberg News reports that "Bush Seeks to Reassure Conservatives on Miers Views."
Posted at 02:15 PM by Howard Bashman




"Harriet Miers, White House Counsel, Speech at Republican Nat'l Lawyers Assn." C-SPAN provides online the video (RealPlayer required) of a speech delivered April 22, 2005.
Posted at 02:08 PM by Howard Bashman



"The Truman Show: How could the same president choose Roberts and Miers? Easily. In fact, we've seen this kind of presidential appointment pattern before--under Harry Truman." William J. Stuntz has this essay (pass-through link) online today at The New Republic.
Posted at 01:50 PM by Howard Bashman



"Bush defends choice of Miers to Supreme Court": Reuters provides this report.
Posted at 01:20 PM by Howard Bashman



"I picked the best person I could find": The White House has posted online at this link a transcript of this morning's Presidential press conference, at which President Bush was questioned about his U.S. Supreme Court nomination announced yesterday.
Posted at 01:15 PM by Howard Bashman



"Supreme Court Chat With Tony Mauro": law.com is hosting this online chat today, beginning at 1 p.m. eastern time. Tony Mauro, of course, covers the U.S. Supreme Court for the law.com empire.
Posted at 12:40 PM by Howard Bashman



Justice Stephen G. Breyer's visit is allegedly unrelated to law student's "best legs" victory: As I noted here this morning, The Des Moines Register reports today that "High court justice to speak at Drake." It just so happens that the same law school is attended by the winner of the Gillette Venus Vibrance "Legs of a Goddess" contest, as earlier noted here. More information about Justice Breyer's visit is available at this link.
Posted at 12:18 PM by Howard Bashman



"Supreme Court nominee was a supremely bad choice": Quin Hillyer has this op-ed today in The Mobile Register.
Posted at 12:04 PM by Howard Bashman



Plus, Hugo Black guest-starred on "Night Court" once: Last night, I noted here that FindLaw had posted a list of "Supreme Court Justices Without Prior Judicial Experience Before Becoming Justices."

This morning, a reader emailed:

I have a vague recollection (from reading Roger Newman's biography) that Justice Black had served as a police court judge decades before he became a Supreme Court justice. Unfortunately, I don't have the book here in my office, but I did find this Wikipedia entry online.
According to the entry, "Black's experience as a police court judge was his only judicial experience prior to his Supreme Court appointment."
Posted at 11:30 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Bush Reasserts Faith in Top Court Nominee" and "Miers Vets High Court Post, Receives Nod."
Posted at 11:24 AM by Howard Bashman



"Cronyism: Alexander Hamilton wouldn't approve of Justice Harriet Miers." Law Professor Randy E. Barnett has this op-ed (free access) today in The Wall Street Journal. In response, "BeldarBlog" offers an interesting post titled "A rebuttal to Prof. Barnett's 'Cronyism' op-ed re the Miers nomination" (along with plenty of other discussion of the nomination).
Posted at 10:33 AM by Howard Bashman



"But lest there be any doubt, the idea that the death penalty is fairly and rationally imposed in this country is a farce." Sixth Circuit Judge Boyce F. Martin, Jr. today dissented from a three-judge panel's ruling rejecting a habeas corpus challenge to a state court-imposed death sentence. The following paragraph appears at the end of Judge Martin's dissent:
I have no delusions of grandeur and I know my place in the judiciary. My oath requires me to apply the law as interpreted by the Supreme Court of the United States. I will continue to do as I am told until the Supreme Court concludes that the death penalty cannot be administered in a constitutional manner or our legislatures abolish the penalty. But lest there be any doubt, the idea that the death penalty is fairly and rationally imposed in this country is a farce.
You can access the complete ruling at this link.
Posted at 10:25 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": Nina Totenberg had a report entitled "Choice of Meirs Draws Mixed Political Reviews."

And the broadcast also contained segments entitled "Bloggers Fire Away on Meirs Nomination"; "Harriet Miers and the Texas Lottery Commission": and "Katrina Causes Chaos in New Orleans Court System."

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




In commentary (part one): Online at The American Prospect, Law Professor Michael C. Dorf has an essay entitled "Slate Blanked: Plenty of women are qualified to serve on the Supreme Court; It's not clear Bush picked one."

In addition, historian David J. Garrow has an essay entitled "She's No Roberts: The biggest impediment to Harriet Miers' confirmation may be the man who preceded her on the Court." And Adele M. Stan has an essay entitled "The Things She Couriered: Harriet Miers' one qualification is her closeness to the president; So what else has she been close to?"

Online at Slate, John Dickerson has an essay entitled "Harriet the Sly: Why does James Dobson like Miers so much?"

At National Review Online, Ronald A. Cass has an essay entitled "Judicial-Nomination Injustice: Harriet Miers's critics are off-track." And Rich Lowry has an essay entitled "Promoting Diversity: It's not always a good thing."

Online at The New Republic, Marisa Katz has an essay entitled "Conservatives should be applauding the Miers pick." And David Kusnet has an essay entitled "Why Bush's introduction of Miers sounded familiar." [Both are pass-through links.]

At Salon.com, Michael Scherer has an essay entitled "Spoiling the party: Bush's nomination of Harriet Miers, a loyalist with a mediocre resume and no legal track record, leaves the left cautious -- and the right furious."

And at washingtonpost.com, Howard Kurtz's "Media Notes Extra" column is headlined "Revolt on the Right?"
Posted at 10:00 AM by Howard Bashman




"GOP, Democrats Conflicted Over Miers": Jesse J. Holland of The Associated Press provides this report.
Posted at 09:50 AM by Howard Bashman



"Lawyers call for native on top court; The time has come for aboriginal voice on the bench, legal experts say": This article appears today in The Toronto Globe and Mail.
Posted at 08:10 AM by Howard Bashman



"Policy under fire: Law students protest JAG recruitment." The Stanford Daily contains this article today.

And The San Jose Mercury News reports that "Gay protest greets Navy recruiters; 'Don't ask, don't tell' policy decried during campus visit."
Posted at 08:00 AM by Howard Bashman




"Debate heated on Mount Soledad cross; No decision yet on possible transfer": This article appears today in The San Diego Union-Tribune.
Posted at 07:54 AM by Howard Bashman



"High court hears Indian gas tax case": The Kansas City Star today contains an article that begins, "The Supreme Court – led by its new Chief Justice, John Roberts – heard arguments Monday on whether the state of Kansas can impose a tax on fuel sold at an Indian reservation."
Posted at 07:50 AM by Howard Bashman



"High court justice to speak at Drake": The Des Moines Register today contains an article that begins, "U.S. Supreme Court Justice Stephen Breyer will step away from the buzz in Washington, D.C., to speak Thursday in Des Moines at Drake University's Knapp Center."
Posted at 07:40 AM by Howard Bashman



"Bush Stuns Conservatives in Choice of Miers": This article appears today in The New York Sun, along with an article headlined "'A Missed Opportunity,' a Critic Says."

USA Today contains articles headlined "Bush's selection of friend raises questions of cronyism"; "Court pick rewrites script; Some Dems praise Miers; some conservatives wary"; "Miers made mark with works, not words; Legal trailblazer keeps philosophy close to the vest"; "Battle lines may be drawn in new spot; Some on the right wary of nominee"; "Lack of friction over nominee pleases senators; Miers, a familiar face on Capitol Hill, raises hopes for mainstream justice"; and "Again, Bush trusts most those he knows best; But president's court pick piques some in his party."

The Austin American-Statesman contains articles headlined "Bush nominates Harriet Miers to high court; The White House counsel and longtime friend of the president has made a career out of avoiding the spotlight"; "Harriet Miers: 'A pit bull in size 6 shoes'; Supreme Court nominee is loyal to Bush but has kept a low profile with her personal views"; and "Bush's Guard service may affect Miers nomination; A former Texas Lottery official said he wants to talk to senators about the Supreme Court nominee's role in covering up his Bush's record."

The Fort Worth Star-Telegram contains articles headlined "Miers defended legal system" and "Associates' recollections positive."

The San Antonio Express-News reports that "Bush taps ally for court" and "Miers has admirers, detractors."

The Arizona Republic reports that "High court nominee draws boos, bravos from Arizonans; Hispanic leaders chide Bush for not making a Latino pick."

The San Francisco Chronicle reports that "Bush turns to a loyalist -- dodges fight with Dems; Choice of White House counsel draws support in Senate."

The Pittsburgh Post-Gazette contains articles headlined "Supreme Court nominee Miers has reputation for diligence, competence"; "Bush picks old friend for Supreme Court; Texan Miers little known, which may help her out"; and "Bush Supreme Court choice sows chaos on left and right."

The St. Petersburg Times contains an article headlined "On Miers: Democrats happy, Republicans leery."

The Toronto Globe and Mail reports that "Bush's court pick angers U.S. right; Politically weakened, President chooses White House counsel for Supreme Court."

The SMU Daily Campus reports that "Bush nominates SMU alumna."

[More to come...]
Posted at 07:33 AM by Howard Bashman




"Justices Refuse to Hear Case of Condemned Virginia Man": Linda Greenhouse has this article today in The New York Times.
Posted at 07:25 AM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Justices 'Look to the Future' as Roberts Takes Helm." In related news, "Bush Taps White House Counsel for Supreme Court Seat."

An article reports that "9th Circuit's Kozinski Blasts L.A. Judge, Majority in Discipline Case."

And in news from Pennsylvania, "Pa. Supreme Court: Baseball Bat Can Be Offensive Weapon" and "Children of Uninsured Get Full Tort Coverage."
Posted at 07:22 AM by Howard Bashman



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).
Posted at 11:45 PM by Howard Bashman




"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."
Posted at 11:10 PM by Howard Bashman




"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.
Posted at 11:04 PM by Howard Bashman




"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?"
Posted at 10:50 PM by Howard Bashman




"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."
Posted at 10:45 PM by Howard Bashman




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."
Posted at 10:38 PM by Howard Bashman




"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.
Posted at 08:24 PM by Howard Bashman




"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."
Posted at 08:05 PM by Howard Bashman




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.
Posted at 07:12 PM by Howard Bashman




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.
Posted at 06:45 PM by Howard Bashman




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."
Posted at 06:05 PM by Howard Bashman




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."
Posted at 06:00 PM by Howard Bashman




"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).

There was no explanation for the Court's failure to act; this almost certainly was not one of the cases the Court was holding back until Chief Justice John G. Roberts, Jr., joined its ranks on Monday. He is likely to be disqualified from the case because he ruled on it as an appellate judge last July 15. It appears likely that the Court will consider the case again shortly, perhaps later this week.

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."
Posted at 05:15 PM by Howard Bashman




"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."
Posted at 04:04 PM by Howard Bashman




"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."
Posted at 02:45 PM by Howard Bashman




"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."
Posted at 02:24 PM by Howard Bashman




"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."
Posted at 12:30 PM by Howard Bashman




"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.
Posted at 12:00 PM by Howard Bashman




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."
Posted at 10:14 AM by Howard Bashman




"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."
Posted at 08:50 AM by Howard Bashman




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."
Posted at 08:45 AM by Howard Bashman




"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.
Posted at 07:20 AM by Howard Bashman




"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.
Posted at 07:04 AM by Howard Bashman




"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."
Posted at 07:00 AM by Howard Bashman




"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."
Posted at 06:44 AM by Howard Bashman




"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


Sunday, October 02, 2005


Another Chief Justice William H. Rehnquist bobblehead doll is up for auction at eBay: Now that two of these have sold at eBay auction for more than $2,000, I'm sure many bobble Chief owners will find the lure of a potential extra two grand difficult to resist. The current auction is due to conclude on the second Monday in October.
Posted at 11:14 PM by Howard Bashman



"Locked Away Forever After Crimes as Teenagers": Adam Liptak will have this article Monday in The New York Times, along with an article headlined "Years of Regret Follow a Hasty Guilty Plea Made at 16."
Posted at 11:05 PM by Howard Bashman



"Era of Roberts Gets Under Way": FOXNews.com provides this report.
Posted at 10:35 PM by Howard Bashman



"Warren Richey of The Christian Science Monitor discusses the key cases on the U.S. Supreme Court's docket for this session": This segment (RealPlayer required) appeared on today's broadcast of C-SPAN's "Washington Journal."
Posted at 10:28 PM by Howard Bashman



"Supreme Court future in balance as Chief Justice Roberts starts": Patti Waldmeir has this article in Monday's issue of Financial Times.
Posted at 10:25 PM by Howard Bashman



"Did courts hide violations? Audit had found misuse of purchasing contracts." The Deseret Morning News contains this article today.
Posted at 10:02 PM by Howard Bashman



"Supreme Court Term to Begin With No Word on Nominee": This article will appear Monday in The New York Times.

And in Monday's edition of The Dallas Morning News, Allen Pusey will report that "Intense times at Supreme Court; New chief, docket full of contentious cases await justices as term begins."
Posted at 10:00 PM by Howard Bashman




"Explaining 'Active Liberty': Justice Stephen Breyer discusses his new book, in an exclusive interview." Via this link, you can access video of Justice Stephen G. Breyer's interview with George Stephanopoulos from today's broadcast of the ABC News program "This Week."
Posted at 08:25 PM by Howard Bashman



"Assessing Oregon's Assisted-Suicide Law": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:20 PM by Howard Bashman



"Roberts court will face big choices early; The Supreme Court he now leads begins its term Monday": Warren Richey will have this article in Monday's issue of The Christian Science Monitor.
Posted at 05:15 PM by Howard Bashman



"Friends, others speak out on judge; Orangeburg woman reportedly on Bush's short list for Supreme Court": The State of Columbia, South Carolina contains this article today.
Posted at 02:15 PM by Howard Bashman



"Bush Still Considering High Court Vacancy": The Associated Press provides this report.
Posted at 02:14 PM by Howard Bashman



"A Mixed Bag for the New Supreme Court": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Sunday."
Posted at 02:05 PM by Howard Bashman



"Roberts will face a diet of legal hot potatoes": The Sacramento Bee today contains an article that begins, "Chief Justice John Roberts, meet party girl Anna Nicole Smith."
Posted at 01:35 PM by Howard Bashman



"In Pennsylvania, It Was Religion vs. Science, Pastor vs. Ph.D., Evolution vs. the Half-Fish": The New York Times contains this article today.

The Philadelphia Inquirer today contains an article headlined "The divide over Darwin: Intelligent-design trial becomes a test of values."

The Pittsburgh Post-Gazette contains a news analysis headlined "'Intelligent design' case to undergo 2-pronged test."

And The York Daily Record contains articles headlined "Defense will rely on 2 arguments; Witness cross-examinations offer glimpses of Dover's likely defense" and "Offering a view from outside; Unbeknownst to Max Pell, his name was frequently mentioned at trial last week."
Posted at 01:28 PM by Howard Bashman




"Refusing to budge for 'Boys; Officials insist eminent domain is final option for stadium land": This article appears today in The Dallas Morning News.
Posted at 09:44 AM by Howard Bashman



"State has sued itself over inmate case": The Rutland Herald today contains an article that begins, "The state of Vermont has sued itself all the way to the Supreme Court."
Posted at 09:15 AM by Howard Bashman



"How will the new court swing? Questions about how long Sandra Day O'Connor will be there, and what kind of chief John Roberts will be add up to an intriguing session." This article appears today in The St. Petersburg Times.

In The Los Angeles Times, David G. Savage reports today that "Roberts May Face Early Tests as Court Convenes; A 'right-to-die' case is among the first of a series of divisive issues awaiting the Supreme Court after the new chief justice is sworn in."

In The San Francisco Chronicle, Bob Egelko reports that "Active, controversial season awaits justices; Supreme Court to hear suicide, abortion cases."

The Denver Post reports that "First cases to quickly clear air on Roberts; Assisted suicide, abortion on agenda."

And The Houston Chronicle reports that "Roberts-led high court goes under microscope; As term begins Monday, experts will try to discern the chief justice's direction and style."

In commentary, The Austin American-Statesman contains an editorial entitled "Bush should put another woman on the court."

In The Washington Post, Law Professor Cass R. Sunstein has an essay entitled "Volley of Complaints: A Change in the Confirmation Game."

In The Hartford Courant, Lincoln Caplan has an op-ed entitled "A Case Of Political Justice?"

In The Oregonian, columnist David Reinhard has an essay entitled "Judicial temperament."

In The Cincinnati Enquirer, Ray Cooklis has an essay entitled "Courting change - but carefully; With new chief, justices look at issues that affect us all."

In Newsday, David O. Brink has an essay entitled "He can't be Chief Umpire: Roberts' baseball analogy works only if calls are made with 20-20 moral vision."

And in The Argus Leader of Sioux Falls, columnist David Kranz has an op-ed entitled "Lawyers weigh strategy on next court nominee."
Posted at 09:10 AM by Howard Bashman




"Assisted suicide offers early test of Roberts' court; Justices face the question: Did John Ashcroft overstep by targeting doctors on Oregon law." The Oregonian contains this article today.

And The Salem Statesman Journal today contains articles headlined "Matters of life and death: Supreme Court set to hear arguments about Oregon's assisted-suicide law"; "Experiences of life, death shape views in Oregon"; and "A history of Oregon's landmark ruling."

And in commentary, The Oregonian today contains an editorial entitled "Supreme Court will show its new colors in Oregon; If the high court sides with Oregon on doctor-assisted suicide, it may also reject other kinds of excessive federal meddling."
Posted at 09:00 AM by Howard Bashman




"Full Docket Awaits First Session of Roberts Court": This segment (RealPlayer required) appeared on yesterday's broadcast of NPR's "All Things Considered."
Posted at 08:54 AM by Howard Bashman



"Of Life And Death: The Supreme Court opens its new term with arguments in a case whose implications could not be more profound." The October 10, 2005 issue of U.S. News & World Report will contain this article.
Posted at 12:15 AM by Howard Bashman



"From strip-joint to the Supreme Court: Anna Nicole's last stand; A trash-TV star's claim to her dead husband's fortune will be decided by America's top judges." This article appears today in The Independent (UK).

The Philadelphia Inquirer on Saturday contained an article headlined "Courting hilarity: Anna Nicole and the Supremes; She's headed to Washington - and we imagine the Supremes are all in a tizzy."

And The Arizona Republic today contains an editorial entitled "Supreme showtime: A celebrity case could usher TV cameras into top court."
Posted at 12:14 AM by Howard Bashman




"Justice honed skills here": Joan Biskupic has this essay about Justice Sandra Day O'Connor in today's issue of The Arizona Republic.
Posted at 12:10 AM by Howard Bashman



"Abortion Might Outgrow Its Need for Roe v. Wade": This article appears today in the Week in Review section of The New York Times.
Posted at 12:04 AM by Howard Bashman


Saturday, October 01, 2005


"'Twas The Night Before Zeitgeist": At Corante's "Between Lawyers" blog, Denise Howell has these wonderful lyrics, which happen to mention that Judge Alex Kozinski yesterday employed a word Denise invented.
Posted at 09:15 PM by Howard Bashman



"To More Inmates, Life Term Means Dying Behind Bars": Adam Liptak will have this article Sunday in The New York Times.
Posted at 09:03 PM by Howard Bashman



"Times Reporter Testifies to Jury in C.I.A. Leak Case": This article appears today in The New York Times, along with an article headlined "Journalists Fear Impact on Protecting Sources."
Posted at 07:35 PM by Howard Bashman



"High Court Set to Tackle Contentious Cases": Gina Holland of The Associated Press provides this report.
Posted at 07:30 PM by Howard Bashman



"Minnesota's top judge will retire": Yesterday, The Minneapolis Star Tribune published an article that begins, "Kathleen Blatz, who as Minnesota's first female chief justice guided the state's courts through growing pains, budget squeezes and a new focus on children, said Thursday that she will step down in January and return to private life." Yesterday's newspaper also contained a related article headlined "'I want to leave this job while I want to stay'" and an editorial entitled "Kathleen Blatz has served this state well."

The St. Paul Pioneer Press reported yesterday that "Chief justice Blatz resigning post; The high court's first female leader is known for her work to protect children involved in the legal system."

And today, The Star Tribune reports that "Panel will help fill Minnesota high court seat."
Posted at 11:00 AM by Howard Bashman




Soon, instead of dividing 6-5, they'll be able to divide 8-7: Word from San Francisco is that the U.S. Court of Appeals for the Ninth Circuit has decided to increase the size of its en banc panels from eleven judges to fifteen judges beginning sometime in 2006. Developing....
Posted at 10:55 AM by Howard Bashman



"Quiz Show: Take the Danny Boggs Trivia Challenge!" This post, containing a link to the latest version of the vaunted clerkship quiz, appears today at "Underneath Their Robes."
Posted at 09:54 AM by Howard Bashman



"Salazar warns Bush on next court choice": This article appears today in The Denver Post.

And The Rocky Mountain News today contains an article headlined "Mulling next justice, Salazar says Bush 'acts like a king.'"
Posted at 09:50 AM by Howard Bashman




"Supreme Court embarks on new term with new man at the helm": Stephen Henderson of Knight Ridder Newspapers has this report.
Posted at 09:44 AM by Howard Bashman



"2005 Supreme Court opening with new chief; High court to review abortion access, doctor-assisted suicide": "How Appealing" reader Pete Williams, justice correspondent for NBC news, provides this report.
Posted at 09:40 AM by Howard Bashman



"Court allows stutter study suits": This article appears today in The Des Moines Register. You can access yesterday's 4-3 ruling of the Supreme Court of Iowa at this link.
Posted at 09:34 AM by Howard Bashman



"Court: Senators couldn't change murder sentence minimum." The Lincoln Journal Star today contains this article reporting on yesterday's ruling of the Supreme Court of Nebraska.
Posted at 09:33 AM by Howard Bashman



"L.A. Judge Avoids Sanctions by Panel; A judicial council does not punish the federal jurist, who improperly took over a bankruptcy case; Two judges file blistering dissents": Henry Weinstein has this article today in The Los Angeles Times. The article reveals The LATimes to be anti-"blawg." My earlier coverage of this ruling can be found here, here, and here.
Posted at 09:24 AM by Howard Bashman



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