How Appealing

Thursday, October 27, 2005


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



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

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

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




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

And Friday's edition of The Washington Post will contain front page articles headlined "Miers Withdrawn as Nominee For Court; Search Begins Anew; She Cites Senate Requests For White House Papers"; "Nomination Was Plagued By Missteps From the Start"; and "A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




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



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

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

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

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

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

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

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

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

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

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




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



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



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



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



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

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




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



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

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




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



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



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

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




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



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



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



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



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



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



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



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



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

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




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



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



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

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

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




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



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



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



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



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



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

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




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

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




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



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



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



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



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

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

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

CNN.com reports that "Miers withdraws nomination."

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

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

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




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



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

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




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

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

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

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

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

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

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

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

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

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

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

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

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




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