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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." "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." "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." "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. "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." "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." "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. 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." 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." 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." "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. 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:
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. 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." 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." "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." "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. "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." 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! "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." 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." 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." "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." 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." "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." "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.'" "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. 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." 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." "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. 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." "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." "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." "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." "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." "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. "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." "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." "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." "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." 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. "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 |