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Friday, October 07, 2005 In the October 17, 2005 issue of The Weekly Standard: Terry Eastland will have an essay entitled "A Faith-Based Nomination: The White House is emphasizing Harriet Miers's religious views." And William Kristol will have an essay entitled "What Is To Be Done? A bad week for the administration--but, in a way, a not-so-bad week for conservatism." On today's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "President Bush Renews Defense of High Court Pick" and "GOP Opposition to Miers Grows." Posted at 11:54 PM by Howard Bashman "Bush Steadfast in Face of Criticism of Nominee": This article will appear Saturday in The New York Times. The Washington Post on Saturday will contain articles headlined "Bush Rejects Calls To Withdraw Miers"; "'The Right Result' Was Key to Miers; In Dallas, She Made A Name for Candor"; and "From the Oval Office To the Doghouse; It's Family Counseling Time for the GOP." Knight Ridder Newspapers report that "Loyalty, discretion have helped Miers become Bush's nominee." The Dallas Morning News on Saturday will report that "Bush emphatic, enthusiastic on Miers." And today's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Debating the Miers nomination" (transcript with link to RealAudio). Available online fromn law.com: Tony Mauro reports that "Debate Intensifies Over Miers' Qualifications." In other news, "Controversy Grows Over Boies Firm, Document Company." And Mark V.B. Partridge has an essay entitled "Where Does Roberts Stand on Intellectual Property Issues?" "Bork calls Miers nomination a 'disaster'; Former Supreme Court nominee gives take on newest pick for the bench": MSNBC provides this transcript of an interview conducted earlier today. Posted at 11:23 PM by Howard Bashman "Joan Biskupic's New SOC Biography": Tom Goldstein has this post at "SCOTUSblog." Posted at 05:22 PM by Howard Bashman "Breyer Offers Advice to Top Court Nominees": Gina Holland of The Associated Press provides this report. Posted at 05:21 PM by Howard Bashman "Patriot Act Appeal Fails at Supreme Court": The AP provides this report. Justice Ruth Bader Ginsburg's in chambers opinion, as Circuit Justice for the Second Circuit, can be accessed at this link. Posted at 05:20 PM by Howard Bashman The Associated Press is reporting: An article headlined "Miers Urged Bush to Overrule Legislature" reports on this letter dated June 11, 1995. And in somewhat related news, "Christians Worried About Miers' Beliefs." eBay files cert. petition in patent law case: "Future of U.S. Supreme Court Justice bobblehead doll auctions hangs in the balance." "Patently-O: Patent Law Blog" offers a post titled "Case Questioning Patent Injunction Standards Moves Towards Supreme Court." Speaking of which.... Posted at 04:00 PM by Howard Bashman Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "Miers, Miers on the Wall: Harriet Miers as the human Rorschach test." Emily Bazelon has a jurisprudence essay entitled "Harriet's Man: The Texas judge who is vouching for Miers on Roe." William Saletan has a frame game essay entitled "Culture of Litmus: Don't you dare judge Harriet Miers on abortion." And in the podcast category, Andy Bowers has an item titled "The LBJ Tapes: A Crony on the Court? The president taps a friend for the Supreme Court, and we have the tapes!" My BlackBerry looks concerned: Reuters reports that "US appeals court rejects rehearing of RIM-NTP case." And The Associated Press reports that "Court Nixes Full Appeal in Blackberry Suit." Allegedly provocative dancer banished, due to her supposedly suggestive moves, from dances held at town's community center brings federal civil rights claim and wins a portion of her Fourth Circuit appeal from an order dismissing the case: Today's ruling of the U.S. Court of Appeals for the Fourth Circuit can be accessed here. While the appellate court rules that "recreational dancing is not protected by the First Amendment," the appellate court nevertheless vacates the district court's grant of summary judgment in favor of the town on the plaintiff's class-of-one Equal Protection claim and remands the matter to the trial court for further proceedings. The majority opinion explains, "According to the Town's evidence, Willis danced in a sexually provocative manner--gyrating and simulating sexual intercourse with her partner while 'hunch[ed]' on the floor. The Town's evidence indicates that Willis wore very short skirts and would frequently bend over while dancing, exposing her underwear, her buttocks, and her 'privates.'" Divided three-judge Second Circuit panel rejects emergency room doctors' antitrust grievance: The lawsuit was brought by licensed physicians who practice or had practiced emergency medicine throughout the United States even though they did not complete formal residency training programs in that specialty. Those plaintiffs sued the American Board of Emergency Medicine, the Council of Emergency Medicine Residency Directors, twenty-eight named hospitals, and various individuals now or previously associated with these institutions and organizations, alleging that defendants colluded to restrain trade in connection with the practice of emergency medicine in violation of Section 1 of the Sherman Act and to monopolize or attempt to monopolize the market for ABEM-certified and -eligible doctors in violation of Section 2 of the Sherman Act. Today, the Second Circuit ruled by a 2-1 vote, in an opinion you can access here, that plaintiffs lack antitrust standing to pursue the lawsuit. That didn't take long: On Monday, The Boston Globe contained an article headlined "Court tackles selection of juries; African-Americans underrepresented" that begins, "A federal appeals court in Boston is set to hear arguments today on a long-simmering issue that has galvanized legal and advocacy groups throughout the state: the lack of African-Americans on federal juries." Today, a three-judge panel of the U.S. Court of Appeals for the First Circuit issued this decision in the case. In a nutshell, today's ruling declares unlawful this particular trial judge's efforts to increase African-American representation in the jury pool. The first published order of the U.S. Supreme Court in which Chief Justice John G. Roberts, Jr. participated: You can access it here. In related news, The Associated Press reports that "'Gangsta rap' killer executed for trooper's death; Trial attorneys had argued that anti-police music led to the slaying." Posted at 02:20 PM by Howard Bashman "Judge Not: Miers is a crony, but she could still be a good justice." Also in the October 17, 2005 issue of The New Republic, Law Professor Jeffrey Rosen will have this essay (pass-through link). Posted at 02:12 PM by Howard Bashman "Does Pot Lead to Suicide for Supreme Court Justices? Vague Commerce Clause precedents give free rein to personal preferences." Jacob Sullum has this essay online today at Reason. Posted at 02:10 PM by Howard Bashman "Welcome to the Hackocracy: The New Republic has scoured the Bush administration to find the next Michael Brown; We found the 15 Bush bureaucrats you should worry about." This article will appear in the October 17, 2005 issue of The New Republic. And topping the list at number one (scroll down) just so happens to be a person nominated earlier this week to the U.S. Supreme Court. Posted at 02:04 PM by Howard Bashman "The Blogosphere and the Meirs Nomination": Hugh Hewitt offers these thoughts today at his blog. Posted at 01:55 PM by Howard Bashman Blogads utilized to market book written by U.S. Supreme Court Justice: Scroll down this page to see. Pretty cool! Posted at 01:25 PM by Howard Bashman "Kansas Supreme Court Ousts County Judge": The Associated Press provides a report that begins, "The Kansas Supreme Court on Friday ousted a county judge for viewing Internet pornography on his office computer." You can access today's ruling of the Supreme Court of Kansas at this link. Proving, once again, that judges shouldn't view porn at work except when their job requires it. Posted at 01:20 PM by Howard Bashman "Bush predicts Miers will be confirmed to court": Reuters provides this report. And Jesse J. Holland of The Associated Press has a report headlined "Bush: Miers Will Be Confirmed to Top Court." A transcript of President Bush's remarks this morning can be accessed here. "SJC hears challenge to marriage law; State 'turned on a dime,' plaintiffs say of 1913 law": This article appears today in The Boston Globe. The Republican of Springfield, Massachusetts reports today that "Gay couples challenge old state law." And The Boston Herald today contains an editorial entitled "Protect marriage here, elsewhere." What she meant to say was Warren [sic] H. Rehnquist, Warren [sic] Scalia, and Warren [sic] Thomas: "Underneath Their Robes" offers a post titled "Harriet Miers: 'Mmm... Burger...'" Posted at 12:14 PM by Howard Bashman "Justice Grows to the Left": At "IntentBlog," Deepak Chopra today has a post that begins, "When Pres. Bush tried to assure his right-wing base that Harriet Miers would not change her judicial philosophy for the next twenty years, he made a horrifying promise." Posted at 12:12 PM by Howard Bashman Sixth Circuit judges, when in dissent from en banc dispositions, apparently find it difficult not to complain about the composition of the en banc court: Today the U.S. Court of Appeals for the Sixth Circuit issued this order on remand from the U.S. Supreme Court in Abdur'Rahman v. Bell. The second page of today's order consists of a dissent in which five Sixth Circuit judges have joined. The second to last paragraph of the dissent states: Although not a point of dissent with the majority's order, we must also raise a procedural question with the composition of our en banc court in light of our two newest members. This case was originally heard by an en banc panel on December 3, 2003. Since that date, we have welcomed two new members to the Court, Judges McKeague and Griffin. These two new members were a part of the en banc Court which voted on this order. It seems counter-intuitive that a case that has already come before this Court as an en banc proceeding should have the composition of that court altered during the appeals process because of these additions while the case was under consideration by the Supreme Court. At this point, our statutes and rules of procedure leave this question unanswered and, after this order, it remains so.Apparently turnabout is fair play. Posted at 12:00 PM by Howard Bashman "Harriet Miers: The Recusal Question." Emily Messner has this post today at The Washington Post's "The Debate" blog. Posted at 11:55 AM by Howard Bashman "Supreme Court road to mediocrity": Law Professor David Stras, who clerked for Justice Clarence Thomas, has this op-ed today in The Minneapolis Star Tribune. Posted at 11:24 AM by Howard Bashman "Miers' Wealth Declined Due to Mother's Care, Church Donations": This post appears today at "TaxProf Blog." Posted at 10:33 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Santorum Says Little on Miers Nomination" and "Singapore Jails Bloggers for Racist Speech." Posted at 10:18 AM by Howard Bashman "Faith and Supreme Court Nominee Harriet Miers": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:12 AM by Howard Bashman Laugh and the world laughs with you; Cry and be viewed as an inflexible, hard-core conservative: Given the Sturm und Drang that President Bush's nomination of Harriet E. Miers for the U.S. Supreme Court has precipitated, perhaps on a Friday it would be worthwhile to try for a laugh. Readers are invited to submit attempts at humor in response to the question: Why did President Bush nominate Harriet E. Miers to the U.S. Supreme Court? Here are a few feeble early attempts at humor:
Posted at 09:40 AM by Howard Bashman "'Legislating from the Bench'": Law Professor Cass Sunstein has this interesting post at the "University of Chicago Law School Faculty Blog." Posted at 08:55 AM by Howard Bashman "Opening Arguments, Endlessly": The New York Times today contains an article that begins, "Inside every lawyer, it is said, there is a brilliant writer, held back by professional ambition or by fear of failure. Nowhere is that truism more evident than in the explosion of online blogs by, for and about lawyers." Posted at 08:45 AM by Howard Bashman Clever op-ed titles: In today's issue of The Cavalier Daily, Matt Waring has an op-ed entitled "My bologna has a second name." And today in The Massachusetts Daily Collegian, Gil Jenkins has an op-ed entitled "Choking on another 'brownie.'" Of course, if you dislike clever, you can settle for blunt. Today in The Washington Post, columnist Charles Krauthammer has an op-ed entitled "Withdraw This Nominee." "Breyer is seen as a 'flexible' justice; The Supreme Court member talks about his philosophy at a lecture in Des Moines": This article appears today in The Des Moines Register. And The Quad-City Times reports that "Supreme Court Justice Breyer praises democratic process during trip to Iowa." "Obscure Texas Case Offers Peek Into Role Of Court Nominee; Amid 2000 Election Turmoil, Harriet Miers Took On A Constitutional Battle": Jess Bravin has this article (free access) today in The Wall Street Journal. Tom Curry, national affairs writer for MSNBC, offers "7 questions for a Supreme Court in transition: What is O'Connor's role? When will we see Roberts' mark on the court?" The Harvard Crimson reports today that "Faculty Cast Doubts On Supreme Court Nominee; Professors criticize Bush for choice of little-known nominee." The Los Angeles Times contains articles headlined "Key Conservatives Demur on Miers; After meeting with Bush's Supreme Court choice, a GOP senator close to Christian conservatives declares himself unconvinced" and "Church Changes Led Miers to Join a Splinter Group." The New York Times reports that "White House Tries to Quell a Rebellion on the Right" and "Questions Linger on Role of Miers in a Contract to Run the Texas Lottery." The Washington Post contains articles headlined "Miers Makes Rounds On Hill; Some Senators Remain Skeptical"; "Right Sees Miers as Threat to a Dream"; and "The State of the Union Between the Right and the White House Turns Frosty." USA Today contains articles headlined "White House working to shore up support of conservative groups"; "Staunch conservative to serve as Miers' guide; Court nominee's meet-and-greet continues on Hill"; and "As Texas lawyer, Miers was always prepared; Members of legal community share insights into career." The Dallas Morning News today contains articles headlined "Corporate law career led Miers to few weighty issues; Despite routine nature of cases, nominee draws praise for legal skills"; "Key senator may vote 'no'; GOP's Brownback wants Miers' views on gay marriage, abortion"; "Miers' council votes show track record; Court nominee backed reforms abroad, local control while in Dallas"; and "Some church groups skeptical on Miers; Conservatives want assurance that nominee shares their agenda." The Houston Chronicle reports that "Among some conservatives, Miers not making inroads; Despite meeting with the nominee, a key senator says his misgivings about her remain." The Austin American-Statesman reports that "Miers first chatted up Bush at Austin gala; Longtime friend Nathan Hecht calls her pro-life." The Indianapolis Star reports that "Coats to coach Miers in ways of the Senate; White House could be trying to reassure conservatives by turning to Hoosier." The Des Moines Register reports that "Right's attacks on nominee 'despicable,' Harkin says." The Kansas City Star reports that "Brownback has concerns after talk with Miers." The Milwaukee Journal Sentinel reports that "Feingold puzzled by president's Supreme Court nomination; He questions qualifications, stance of Miers." The San Francisco Chronicle reports that "Gay advocates partly positive on Bush's nominee; White House shifts tactics, emphasizes Miers' credentials as evangelical Christian." The Denver Post reports that "Dobson leads evangelicals to Miers; Many Christian conservatives give Bush benefit of doubt on nominee." The Rocky Mountain News reports that "Allard, Salazar focus on Miers' confirmation hearings." Newsday contains an article headlined "A hint, or perhaps not, of her stand; Court nominee's battle a decade ago on behalf of Texas bar is her only documented position on abortion." The Washington Times reports that "Democrats let the right lead attack on Miers nod." And The Harvard Law Record reports that "Bush Names Harriet Miers to Replace Justice Sandra Day O'Connor."  
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