How Appealing

Thursday, April 21, 2005


Access online this evening's "Constitutional Conversation with Justices Breyer, O'Connor and Scalia, moderated by 'Meet the Press' host Tim Russert": Via C-SPAN, you can now access online by clicking here the video of this evening's event, which I first noted in this post earlier today.
Posted at 11:45 PM by Howard Bashman



"3 justices offer inside look at how they approach their work": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 11:40 PM by Howard Bashman



"Bangor lawyer nominated for high court": The Bangor Daily News contains this article today.
Posted at 11:33 PM by Howard Bashman



"U.S. deports Somali man; Supreme Court ruling finally settled case": This article appears today in The St. Paul Pioneer Press.

And The Minneapolis Star Tribune today contains an article headlined "Minnesota Somali being deported today."

The U.S. Supreme Court's 5-4 ruling in this case earlier this year can be accessed here.
Posted at 11:24 PM by Howard Bashman




"Officials prepared for long hazmat suit": The Washington Times today contains an article that begins, "D.C. officials said yesterday that they are prepared to go to the U.S. Supreme Court with their legal fight to ban trains carrying hazardous materials through the city."
Posted at 11:22 PM by Howard Bashman



"Top court wants more on Lambert appeal; At least one justice is seeking more information from prosecution about convicted killer's case": The Lancaster New Era today contains an article that begins, "Someone at the nation's highest court is curious about Lisa Michelle Lambert. At least one U.S. Supreme Court justice recently asked prosecutors to spell out exactly why the court should not hear Lambert's appeal of her conviction for the 1991 murder of 16-year-old Laurie Show."
Posted at 11:20 PM by Howard Bashman



Available online from law.com: An article reports that "Senate Moves Closer to 'Nuclear Option' on Judicial Nominees; Controversial Bush nominees Priscilla Owen, Janice Rogers Brown get thumbs up from judiciary committee."

And in other news, "Courts Urged to Accept Videoconferencing; Two-way TV videconferencing may be boon for international cases."
Posted at 11:18 PM by Howard Bashman




"Religion at Issue in Judicial Fight": This article will appear Friday in The New York Times.
Posted at 11:15 PM by Howard Bashman



Seems like it was only yesterday that this case was being argued at the U.S. Supreme Court: "Patently-O: Patent Law Blog" has posted here the transcript of yesterday's oral argument in Merck KGaA v. Integra Lifesciences I, Ltd.
Posted at 11:11 PM by Howard Bashman



"O'Connor Dismisses Ado Over Int'l Law": Hope Yen of The Associated Press provides this report.
Posted at 11:00 PM by Howard Bashman



"Senate GOP Sets Up Filibuster Showdown; Two Bush Nominees, Both Women, Sent to Floor for Test Between Republicans and Democrats": This front page article will appear Friday in The Washington Post.

And The Los Angeles Times provides a news update headlined "Senate Moves Closer to Showdown Over Judicial Nominees."
Posted at 10:54 PM by Howard Bashman




"With Party-Line Vote, Committee Sends Two Judicial Nominees to Senate": Neil A. Lewis will have this article Friday in The New York Times.
Posted at 10:02 PM by Howard Bashman



"Senate panel approves controversial judges in tense session": This article will appear Friday in The Philadelphia Inquirer.

The Fort Worth Star-Telegram will report on Friday that "Committee vote pushes Senate closer to 'constitutional crisis.'"

The McClatchy Newspapers report that "Controversial judges get Senate committee approval."

The San Antonio Express-News provides a news update headlined "Republicans move closer to judicial selections."

And you can access online a transcript from today's broadcast of The Rush Limbaugh Show entitled "GOP Just Cannot Act Like the Majority."
Posted at 09:05 PM by Howard Bashman




"Constitutional Conversation with Justices Breyer, O'Connor and Scalia, moderated by 'Meet the Press' host Tim Russert": This program, which I described here earlier today, is now being televised live on C-SPAN2.
Posted at 07:14 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senate Panel Clears Two Judicial Nominees" and "Analysis: History of the Filibuster."
Posted at 07:10 PM by Howard Bashman



In Friday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "Moussaoui: a window on terror trials; Suspect is scheduled to plead guilty Friday in a bizarre case raising questions about how justice system handles terrorism" and "For Senate, jostling for position in 2006; Surprise retirement of Jeffords and trouble around Santorum lead both parties to eye new strategies."
Posted at 05:54 PM by Howard Bashman



"Lay Off Our Judiciary": Former Solicitor General Theodore B. Olson has this op-ed today in The Wall Street Journal. And no, despite the op-ed's title, Olson is not suggesting that members of the judiciary be furloughed.
Posted at 05:30 PM by Howard Bashman



"Senate committee sidelines hearing for N.C. federal judge": The Associated Press reports here that "The Senate Judiciary Committee on Thursday approved two of President Bush's most controversial appeals court nominees while allowing a third, a North Carolina federal judge, to remain sidelined."
Posted at 05:14 PM by Howard Bashman



"Coburn to the Rescue! Stopping a Specter-backed asbestos trust fund." Matt Kibbe has this essay today at National Review Online.
Posted at 05:10 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "Merck to appeal to US high court over drug patent"; "US judge-could order tobacco education spending"; and "U.S. Senator Plans Hearing on Asbestos Fund Bill."
Posted at 05:05 PM by Howard Bashman



"Warner Bros. Wins Lawsuit Over 'Perfect Storm'": Reuters provides this report on a ruling that the Supreme Court of Florida issued today.

The case came before Florida's highest state court on certified question from the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 04:45 PM by Howard Bashman




Anonymous receives good news as intermediate New York State appellate court affirms dismissal of libel claim involving "Primary Colors: A Novel of Politics." You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 04:20 PM by Howard Bashman



"Why Congress Should Pre-Empt Most Lawsuits Against Gun Manufacturers": Eugene Volokh has this interesting post about today's en banc ruling of the District of Columbia Court of Appeals.
Posted at 04:15 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "GOP Eyes 'Nuclear Option' on Filibusters" (featuring Nina Totenberg); "Should the Filibuster Stay or Go?"; and "Crips Founder Seeks 'Redemption' on Death Row." You can hear more from NPR's interview of Stanley "Tookie" Williams by clicking here.
Posted at 03:40 PM by Howard Bashman



The rationale behind the Seventh Circuit's change in the manner in which it makes its opinions available over its web site: As I first noted here yesterday and "The Indiana Law Blog" noted here soon thereafter, the U.S. Court of Appeals for the Seventh Circuit has changed the way it posts its decisions online.

Today an email arrived from someone in the know at the Seventh Circuit explaining that "the Administrative Office of the U.S. Courts is discouraging static links [to opinions] on the ground that they are too easily exploited by mischief-makers." Interesting.
Posted at 03:28 PM by Howard Bashman




"Judiciary Panel Approves Owen, Brown": FOXNews.com provides this report.

Bloomberg News reports that "U.S. Senate Panel Sends Bush Judicial Nominees to Full Senate."

Jesse J. Holland of The Associated Press reports that "Showdown Nears Over Bush Judicial Nominees."

At National Review Online, Sean Rushton has an essay entitled "Filibuster Rules: Then & Now; In 1995, 19 Democrats voted to eliminate all filibusters."

People For the American Way has issued a press release entitled "Nuclear Countdown: Committee Vote on Previously Rejected Nominees Brings Senate One Step Closer to Frist's Fiasco."

And Alliance for Justice has two press releases today: "Alliance for Justice Opposes Nominations of Brown and Owen; Activist Judges Determined to Remake the Law" and "Alliance for Justice Applauds Legal Community's Steadfast Resolve to Preserve Checks and Balances." In connection with the second of those two press releases, you can access online three letters released today addressed to Senate Majority Leader Bill Frist, M.D. (R-TN): "Law Professors' Letter"; "Law Students' Letter"; and "Legal Luminaries' Letter." At "The Volokh Conspiracy," "Juan Non-Volokh" comments here on the law professors' letter.
Posted at 02:50 PM by Howard Bashman




"US court declines to reconsider Merck drug patent": Reuters provides this report on an order denying rehearing en banc that the U.S. Court of Appeals for the Federal Circuit issued today. A dissent accompanies today's order.
Posted at 12:37 PM by Howard Bashman



"Senate Panel OKs Bush Judicial Nominees": Jesse J. Holland of The Associated Press reports here that today the Senate Judiciary Committee voted 10-8, along party lines, to recommend to the full U.S. Senate the approval of D.C. Circuit nominee Janice Rogers Brown and Fifth Circuit nominee Priscilla R. Owen.

The article also notes that "North Carolina judge Terrence W. Boyle, a former aide to retired Sen. Jesse Helms, R-N.C., who expected a committee vote as well, was held over after Sen. Edward Kennedy, D-Mass., requested extra time to review some of his rulings as a U.S. District judge."
Posted at 12:30 PM by Howard Bashman




"Senate Judiciary Committee Approves Brown, Owen": Robert B. Bluey provides this report at Human Events Online.
Posted at 12:17 PM by Howard Bashman



"In Defense of 'Judicial Tyranny': The religious right's court-unpacking scheme." Julian Sanchez has this essay online at Reason.
Posted at 12:15 PM by Howard Bashman



En banc District of Columbia Court of Appeals reinstates strict liability claim against manufacturers and distributors of firearms in lawsuit seeking to hold those defendants liable for deaths and injuries sustained in gun-related crimes: You can access today's en banc ruling at this link.
Posted at 12:02 PM by Howard Bashman



"Senate Panel OKs Bush Judicial Nominee": Jesse J. Holland of The Associated Press provides this updated report.
Posted at 11:20 AM by Howard Bashman



In today's edition of The Sacramento Bee: Claire Cooper, legal affairs writer for The SacBee, has an article headlined "Bull or not, cow ads OK; State high court steers clear of cheese marketing credibility" that begins:
The state Supreme Court on Wednesday dealt the death blow to an animal-rights case that raised the age-old question: How now brown cow? The world may never know the answer.

Without so much as a moo, the justices turned down an appeal that challenged the legality of California's "happy cows" advertisements -- those bucolic television and billboard scenes of laid-back cows, grazing in the green, green grass.

In other news, "Bill aims to settle claims on asbestos."

And an article reports that "Inmate wields blog in deportation fight." You can access the blog in question at this link.
Posted at 11:12 AM by Howard Bashman




"Senate tempest over judges drawing closer; California Justice among divisive nominees expected to win committee's approval today": This article appears today in The San Jose Mercury News.

And The Sacramento Bee reports today that "Panel's vote on judgeships could spark Senate slugfest; GOP maneuver could squash Democrats' threatened filibuster."
Posted at 10:50 AM by Howard Bashman




"Constitutional Conversation with Justices Breyer, O'Connor and Scalia, moderated by 'Meet the Press' host Tim Russert": This program -- sponsored by the National Constitution Center, The Aspen Institute, and the National Archives and Records Administration -- is scheduled to get underway at 7 p.m. this evening at the National Archives in Washington, DC. For those unable to attend in person, C-SPAN3 is scheduled to broadcast the event live online. And once C-SPAN makes the video available online, on demand, I'll be sure to post a link here.
Posted at 10:25 AM by Howard Bashman



"Senate Panel Set to OK 2 Bush Nominees": Jesse J. Holland of The Associated Press provides this report.
Posted at 10:11 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Judicial Nominations Could Trigger Filibuster Fight" (featuring Nina Totenberg) and "Jeffords Decides Not to Seek Fourth Term." RealPlayer is required to launch these audio segments.
Posted at 10:04 AM by Howard Bashman



"Senator Frist and Representative DeLay's Claims of Supreme Court Judicial Activism and Anti-Religion Bias: Why They Aren't Persuasive." FindLaw commentator Marci Hamilton has this essay today.
Posted at 08:42 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has an article headlined "State justices refuse PETA a hearing on the life of cows" that begins, "Whether the cows in a state milk board's ads are really happy is apparently none of the California courts' business." And in other news, "Cough syrup no defense; Supreme Court upholds loss of license of girl, 16."
Posted at 08:40 AM by Howard Bashman



The agenda for this morning's executive business meeting of the Senate Judiciary Committee can be accessed here: Four nominees to the U.S. Courts of Appeals are on the agenda, and three are likely to be voted out of committee today.
Posted at 08:30 AM by Howard Bashman



"Schumer Blasts Proposed Hearings On Judges' Conduct": Luiza Ch. Savage has this article today in The New York Sun.
Posted at 07:50 AM by Howard Bashman



"Senate Scrap Over Judges Is Frist's Fight; The majority leader's presidential aspirations may influence action on a filibuster rule change": The Los Angeles Times contains this article today.

The Boston Globe reports today that "Ad wars mount as Republicans ready ban on Senate filibusters."

The St. Louis Post-Dispatch reports that "Obama is reluctant to defend filibuster in judicial battle."

The Arkansas Democrat-Gazette reports that "Pryor sees rash use of religion by groups; Swats at filibusters disappoint, he says."

The Times-Picayune reports that "GOP Senate freshmen push to end judicial filibusters; Democratic minority blocked Bush's picks."

The Denver Post reports that "Sen. Salazar, Focus spar over judicial nominations."

The Rocky Mountain News reports that "Salazar slams Focus; Senator calls group's political tactics over judges 'un-Christian.'"

The Island Packet contains an article headlined "DeMint: GOP close to filibuster change."

In commentary, The Philadelphia Daily News today contains an editorial entitled "Will Specter save the GOP from itself? Senator can keep the party from blowing itself up over the filibuster."

The Allentown (Pa.) Morning Call contains an editorial entitled "Spirit of Senate bipartisanship would be obliterated with filibuster rule change."

In The Washington Post, columnist David S. Broder has an op-ed entitled "The Appeal of A Court Fight."

In The New York Times, columnist David Brooks has an op-ed entitled "Roe's Birth, and Death."

In The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "The Republicans' new perspective on the filibuster."

In The Houston Chronicle, columnist Cragg Hines has an op-ed entitled "For Owen rerun, Specter takes up role of Bush shill."

In The Denver Post, columnist David Harsanyi has an op-ed entitled "Sen. Salazar takes judicial turn."

In The Chicago Sun-Times, columnist Robert Novak has an op-ed enititled "Liberals once sang different tune on filibusters."

In The Louisville Courier-Journal, Joseph Phelps has an op-ed entitled "A tale of two churches."

At Townhall.com, columnist Cal Thomas has an essay entitled "Religious 'intolerance' cuts both ways."

And today in The Daily Texan, Kevin Jones has an op-ed entitled "Far right alienates moderate Christians."

Finally for now, yesterday the organization People For the American Way issued both a news release entitled "Boyle Testimony Confirms Opponents' Fears; PFAW Analysis of Judiciary Committee Hearing Shows Severe Lack of Credibility and Radical Record Make Boyle Unfit to Serve on Fourth Circuit" and a related report entitled "Committee Hearing Reinforces Case that Terrence Boyle is Unfit for Promotion to the Fourth Circuit Court of Appeals."
Posted at 07:40 AM by Howard Bashman




"Biotech patents an issue for court; Justices hear arguments involving S.D. entities": This article appears today in The San Diego Union-Tribune.
Posted at 07:20 AM by Howard Bashman






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