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Wednesday, November 30, 2005 "'85 Alito memo outlines stealth strategy against Roe": Stephen Henderson and Howard Mintz of Knight Ridder Newspapers provide this report. And Thursday's edition of The Philadelphia Inquirer will contain an article headlined "Alito to face questioning on affirmative action, voting rights." In Thursday's edition of The Washington Post: Charles Lane will have an article headlined "Roberts Seeks Middle Ground; Court Hears Appeal on Parental Notification of Abortion." And a front page article will report that "Alito Helped Craft Reagan-Era Tack To Restrict 'Roe'; Supreme Court Nominee Wrote Memo In 1985 as Justice Department Lawyer." In Thursday's edition of The New York Times: Linda Greenhouse will have an article headlined "For New Court, Abortion Case Takes Old Path." And in other news, "Reagan-Era Files Show Alito Role on Abortion Law." "Justices weigh parental notification law": Jan Crawford Greenburg of The Chicago Tribune provides this news update. Additional coverage from Ms. Greenburg can be accessed here (transcript with link to audio) via the PBS program "The NewsHour with Jim Lehrer." Allen Pusey of The Dallas Morning News provides an update headlined "Little drama as high court gets abortion cases; Roberts appears to back letting N.H. broaden notification exception." Bill Adair of The St. Petersburg Times provides a news update headlined "Court skips big abortion questions; The New Hampshire parental notification dispute is not the 'monumental' case some had predicted." Thursday's edition of The Guardian (UK) reports that "Appeal will test US supreme court's line on abortion under new chief justice." Thursday's edition of The Independent (UK) reports that "Supreme Court to hear pro-abortion challenge." The Associated Press reports that "Ayotte says she expected tough questions." And Thursday in The Washington Post, Dana Milbank's "Washington Sketch" column will be entitled "A Chip Off the Old Bloc." "Hooked on the Web: Help Is on the Way." This article will appear Thursday in The New York Times. Posted at 10:04 PM by Howard Bashman "Justices shy away from fight on abortion": Patti Waldmeir will have this article in Thursday's edition of Financial Times. Posted at 08:58 PM by Howard Bashman "Supreme Court hears abortion case": The Knight Ridder Newspapers provide this report. Posted at 07:58 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "High Court Hears Arguments on Abortion Consent" (featuring Nina Totenberg); "Alito Documents: 'We Disagree With Roe v. Wade'"; and "RIM Shares Fall on Blackberry Patent Ruling." RealPlayer is required to launch these audio segments. Posted at 07:54 PM by Howard Bashman "Nibbling Away at Roe v. Wade: For the Supreme Court, Ayotte is an hors d'oeuvre." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 07:45 PM by Howard Bashman "High Court Weights Notification for Teen Abortions": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 05:35 PM by Howard Bashman "Government rebuffed on Padilla": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Fourth Circuit Court of Appeals, apparently nettled by the Justice Department's shift in position on terrorism suspect Jose Padilla, refused on Wednesday to order his immediate release from military custody and threatened to cast aside its ruling in the government's favor in the case." Posted at 05:24 PM by Howard Bashman "Roberts signals support for abortion curbs; In high court argument, chief justice hints at upholding New Hampshire law": Tom Curry, national affairs writer for MSNBC, provides this report. Posted at 05:15 PM by Howard Bashman "Supreme Court Weighs New Hampshire Parental Notification Law; Abortion-rights case is the first heard in five years and the first under new Chief Justice John Roberts": law.com's Tony Mauro provides this news update. Posted at 04:40 PM by Howard Bashman "Wisdom from Judge Carnes on post-Booker appellate review": The blog "Sentencing Law and Policy" offers this post about an interesting concurring opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 04:18 PM by Howard Bashman "High Court Hears New Hampshire Abortion Case": This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:54 PM by Howard Bashman "Supreme Court Hears First Abortion Case in 5 Years; At Issue: N.H. Law Requiring Parental Notification for Underage Women Seeking Abortions." Charles Lane of The Washington Post provides this news update. Posted at 03:20 PM by Howard Bashman In news from Hawaii: The Honolulu Star-Bulletin today contains articles headlined "'Ice' addict cleared of killing newborn; The state Supreme Court rules an unborn child is not a 'person'" and "Ruling stirs debate but won't change laws on unborn." And The Honolulu Advertiser today reports that "Meth mother's conviction overturned." I provided links to the ruling in this post from yesterday evening. "Justices Stay Evenhanded on Abortion Case": David G. Savage of The Los Angeles Times provides this news update. Posted at 03:11 PM by Howard Bashman "Supreme Court Oral Argument: Ayotte v. Planned Parenthood of Northern New England." C-SPAN has posted the oral argument online here (RealPlayer required). From the length of the oral argument audiotape, it would appear that counsel for respondents only used twenty of her allotted thirty minutes for oral argument and that the Chief Justice allowed New Hampshire Attorney General Kelly A. Ayotte to reserve "the balance of her time for rebuttal" when that balance equaled zero. Update: In addition, The Associated Press has posted the audio online here (RealPlayer required). "A look at Judge Alito's rulings on eligibility for Social Security disability benefits," featuring Robert Schwaneberg, legal affairs correspondent for The Newark Star-Ledger: This segment (RealPlayer required) appeared on today's broadcast of C-SPAN's "Washington Journal." Posted at 03:00 PM by Howard Bashman "Judge deals RIM blow in BlackBerry case": Reuters provides this report. Posted at 02:48 PM by Howard Bashman "Top court reviews abortion notice law": James Vicini of Reuters provides this report. Posted at 02:45 PM by Howard Bashman "The adjudication of these cases at the administrative level has fallen below the minimum standards of legal justice." Seventh Circuit Judge Richard A. Posner has more harsh words for those who adjudicate immigration cases at the administrative level in this opinion issued today on behalf of a unanimous three-judge panel. Posted at 02:30 PM by Howard Bashman "Alito Urged U.S. to Seek to Limit Abortion Rights": Bloomberg News provides this report. Bloomberg News also reports that "U.S. Supreme Court Justices Seek Middle Ground in Abortion Case." In news updates available online from The Toronto Globe and Mail: The newspaper offers updates headlined "RIM suffers another blow" and "Judge lifts Homolka release restrictions." Posted at 02:18 PM by Howard Bashman "Abortion: narrowing the focus." Lyle Denniston has this post at "SCOTUSblog." Posted at 02:15 PM by Howard Bashman Do not pass go, do not collect $200: Today, a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision holding that a previously deported alien does not commit the federal criminal offense of attempted illegal reentry into the United States when he crosses the border separating the United States from Mexico with the intent only to be imprisoned in the United States. Posted at 01:05 PM by Howard Bashman "Documents Reveal More About Alito's Views": Jesse J. Holland of The Associated Press provides a report that begins, "As a Reagan administration lawyer in 1985, Samuel Alito made clear his hope that the Supreme Court would one day overturn a landmark ruling that established abortion rights." I linked to the documents in question in this earlier post. Posted at 12:55 PM by Howard Bashman "Court Considers Limits to Abortion Protests": The Associated Press provides this report. Posted at 12:33 PM by Howard Bashman C-SPAN has just begun its broadcast of the oral argument audio in Ayotte v. Planned Parenthood: The broadcast began nine minutes earlier than expected. Links to C-SPAN's broadcast are here (three posts below). Posted at 12:06 PM by Howard Bashman "US appeals court delays Padilla jail transfer": Reuters provides this report. Posted at 12:05 PM by Howard Bashman "Justices Weigh Parental Notification Law": Gina Holland of The Associated Press provides this updated report. Posted at 12:04 PM by Howard Bashman Listen online to the audiotape of this morning's U.S. Supreme Court oral argument in Ayotte v. Planned Parenthood: In approximately fifteen minutes from now, C-SPAN will broadcast the oral argument audio. You can listen using either RealPlayer or Windows Media Player. Posted at 12:00 PM by Howard Bashman "Demonstrators Out in Force for Abortion Case": The AP provides this report. Posted at 11:40 AM by Howard Bashman The Associated Press is reporting: Jesse J. Holland reports that "Alito Favors Exercise of Judicial Restraint." Gina Holland reports that "Justices Step Into Abortion Rights Case." And in other news, "Appeals Court Holds Up Padilla Transfer." Access online Third Circuit Judge Samuel A. Alito, Jr.'s responses to the Senate Judiciary Committee's questionnaire: National Review Online has posted the document at this link. Posted at 11:08 AM by Howard Bashman "Records Pertaining to Judge Samuel A. Alito, Jr. -- Record Group 60: Department of Justice." The U.S. National Archives and Records Administration has just posted online two sets of new documents, "Files of the Attorney General, Edwin Meese III" and "Files of Charles Cooper." Update at 11:20 a.m.: Likely to garner much attention is a document described as "Memorandum concerning Thornburgh v. American College of Obstetricians & Gynecologists, No. 84-495 and Diamond v. Charles, No. 84-1379 from Samuel A. Alito to the Solicitor General, (May 30, 1985)." What appears to be the final draft of that memo is available here. "Harvard Law On A Heterodox Spree, Listing To Right; In Age of John Roberts, New Kind of Legal Expert Sought by Elena Kagan": Anna Schneider-Mayerson has this article in the December 5, 2005 issue of The New York Observer. Posted at 10:45 AM by Howard Bashman "Justices weigh retardation safeguard in death penalty cases": The Newark Star-Ledger contains this article today. Posted at 10:42 AM by Howard Bashman "The not-so-dirty bomber": This editorial appears today in The St. Petersburg Times. Posted at 10:40 AM by Howard Bashman Available today from National Review Online: Clarke D. Forsythe has an essay entitled "Supreme Opportunity: Will the Court fix its abortion mess?" And Kathryn Jean Lopez has an essay entitled "Meet Jane: Portrait of a teenager protected by New Hampshire's parental-notification law." "Rocking the Bus: A Colorado woman takes a stand against arbitrary ID checks." Jacob Sullum has this essay online today at Reason. In the essay, Sullum writes, "A civil case raising similar issues in the context of airport ID checks is scheduled to be heard by the U.S. Court of Appeals for the 9th Circuit the day before Davis' arraignment." Posted at 10:25 AM by Howard Bashman "House budget sleeper splits the 9th Circuit": The San Francisco Chronicle today contains an article that begins, "A little-noticed provision in the massive House budget bill would fulfill the longtime goal of conservatives to split the San Francisco-based U.S. Court of Appeals for the Ninth Circuit, creating a new 12th circuit appellate court and allowing President Bush to name a slate of new federal judges." Posted at 10:22 AM by Howard Bashman "How the Building Crumbles: Could bird poo have made a chunk of marble fall off the Supreme Court Building?" Daniel Engber has this explainer essay online at Slate. Posted at 10:15 AM by Howard Bashman "Justices Step Into Abortion Rights Case": Gina Holland of The Associated Press provides this report. And James Vicini of Reuters reports that "Top court reviews abortion notice law." In today's edition of The Concord (N.H.) Monitor: An article reports that "Abortion case hits high court; New Hampshire law could tighten access." From The Associated Press, "Supreme Court a familiar stop for N.H. cases; Current case not state's first time in spotlight." And an op-ed is entitled "Counting votes and giving Ayotte the benefit of the doubt." "High Court to Weigh Parental Notification for Abortion": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition." Posted at 09:00 AM by Howard Bashman "Justices Take Up Rule Against 'Tying' Products; The high court leans toward making it harder for competitors to sue over the sales practice": David G. Savage has this article today in The Los Angeles Times. Posted at 07:33 AM by Howard Bashman "Alito Showed Even Keel in Court Dispute": The Associated Press provides this report, which focuses on proposed Federal Rule of Appellate Procedure 32.1. The Washington Times reports today that "Alito foes focus on drug case as omen on privacy." And The Badger Herald reports that "Law panel deliberates on Alito's nomination." In commentary, Newsday contains an op-ed by Rosario A. Iaconis has an op-ed entitled "Alito can be proud of his heritage; Critics of the court nominee are resorting to anti-Italian smears, but he has a majestic patrimony behind him." In The Oregonian, Nick Fish has an op-ed entitled "The Alito nomination: On the wrong side of history for women." And in The Philadelphia Daily News, Rotan E. Lee has an op-ed entitled "A Brave New Court, Part I." "Justices to weigh parental notice for abortions": This article appears today in The Baltimore Sun. The New York Sun reports today that "Health Exception Seen as Central To High Court Case." Gallup News Service reports that "Americans Favor Parental Involvement in Teen Abortion Decisions; Think laws should require parental consent." The Boston Globe reports that "Abortion case puts spotlight today on Roberts's queries; The scope may color Alito's possible impact." The Manchester Union Leader reports that "In 12 years since law school, Ayotte's career has taken off." The Burlington Free Press reports that "N.H. abortion case has Vermont roots." The Lawrence (Kan.) Journal-World reports that "Status quo at stake; New generation may face abortion questions." And The Winston-Salem Journal reports that "N.C. one of first states to allow abortion; Procedure legalized in 1967; if Roe was overturned, push for changing law probable." In commentary, The New York Times contains an editorial entitled "The Next Abortion Decision." And those with TimesSelect can access an item entitled "Talking Points: The Waning Power of Roe v. Wade." The Washington Times contains an editorial entitled "Abortion and the Roberts court." In The Denver Post, columnist Al Knight has an op-ed entitled "Cases could define new direction of high court." And in The Chicago Tribune columnist John Kass has an op-ed entitled "Parents are the only judges who matter." "Former clerk discusses Supreme Court procedures": The Daily Princetonian contains this article today. Posted at 07:12 AM by Howard Bashman "Sidestepping Courts in the War on Terrorism; U.S. seeks leverage by moving detainees or changing their status before scheduled hearings; Critics call it legal dodge ball": This article appears today in The Los Angeles Times. Posted at 07:10 AM by Howard Bashman "One Person, One Filibuster? Judge Alito's Controversial Comment on a Supreme Court Voting Rights Case." Law Professor Richard L. Hasen, author of the "Election Law" blog, has this essay today at FindLaw. Posted at 06:45 AM by Howard Bashman  
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