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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 "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." "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." "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). 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." 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%. "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." "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. 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). 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." "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." "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." "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. 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." "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. "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." "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." "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." "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." "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." 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. "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. "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." 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." "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." "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." 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." "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." "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?" "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." 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. " "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." "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." 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." 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." "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." "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.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." "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." 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." "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. "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." "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?" "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." 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." 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." "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." 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." 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." 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." "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. "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. "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). "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). "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." 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." "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." 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." "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. 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." "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." 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?" "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." 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." "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." "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. "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.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). "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. 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." 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. 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?" 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." "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. 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. "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.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." "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." "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." "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." 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." "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." 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.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. "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." "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." 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." "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." "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. "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." "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." "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." "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." 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." "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." "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. 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." 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." "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." "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." 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." "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. "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." "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." 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." 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." "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. "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. 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." "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." 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 tiresYou 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!" "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." 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." 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." "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." "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." "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." "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." 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." 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." "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. 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. "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." "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." "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." 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." 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." "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." "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." "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." "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." 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." "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." "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." 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. "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." "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). |
