“Senate Backs First of Judicial Nominees Promised a Vote”: This article will appear Thursday in The New York Times.
Thursday’s edition of The Washington Post will report that “Priscilla Owen Confirmed as Federal Judge; Senate’s 55-43 Vote to Approve Ends Four-Year Nomination Battle.”
Thursday’s edition of The Los Angeles Times will report that “Senate Confirms Owen for Federal Appellate Bench.”
And The Dallas Morning News on Thursday will report that “Divided Senate confirms Owen; Resentment, criticism linger as vote mostly follows party lines.”
“Gov. Bush OKs Fla. Abortion Disclosure”: The Associated Press reports here that “Gov. Jeb Bush signed a bill Wednesday that requires physicians to tell Florida parents when a minor daughter seeks an abortion.”
“Judge failed to disclose complaints; A Broward judge, now in the spotlight after sending a prospective juror to jail, did not disclose two discrimination complaints filed against her when she applied for the bench”: This article appears today in The Miami Herald.
“Justices Peer Into ‘Parent’ Trap; Gays may gain rights with trio of lesbian mom cases”: Jeff Chorney has this article today in The Recorder of San Francisco, California.
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Senate Confirms Owen as Appeals Court Judge” and “It’s Pronounced Owen: One Person, Singular.”
And today’s broadcast of “Talk of the Nation” contained a segment entitled “Court to Hear Abortion Notification Case.”
RealPlayer is required to launch these audio segments.
Courtesy of U.S. Senator Ted Stevens (R-AK), Priscilla R. Owen‘s margin of confirmation to serve on the U.S. Court of Appeals for the Fifth Circuit is reduced by a single vote: As The Associated Press reports here:
Voting “present” was one Republican, Ted Stevens of Alaska. Stevens, a supporter of Owen, originally voted yes, but was permitted to change his vote to present after the vote was concluded and the Senate had moved to another issue. He said his intent was to “pair” his vote with Sen. Daniel Inouye, D-Hawaii, who opposed Owen but wasn’t in attendance for the vote.
Thus, Justice Owen’s original margin of confirmation was 56-43, as I earlier noted here and here, but thereafter the margin of confirmation has become 55-43. She better hurry up and get sworn in to office before six additional Senators who voted to confirm change their votes.
First Circuit postpones deciding whether two Puerto Rico statutes — one requiring the use of Puerto Rican cement in publicly funded construction projects and the other requiring special labels for cement manufactured elsewhere — violate the dormant Foreign Commerce Clause of the U.S. Constitution: You can access today’s ruling of the U.S. Court of Appeals for the First Circuit, sending the case back to the trial court for additional proceedings, at this link.
“Forfeiting Principle: And with it, so much more.” Law Professor Douglas W. Kmiec has this judicial filibuster-related essay at National Review Online.
Access online the order that Eleventh Circuit Judge William H. Pryor, Jr. entered denying former Alabama Chief Justice Roy S. Moore’s request to file an amicus brief in the Cobb County, Georgia evolution textbook disclaimer appeal: The order can be accessed online at this link. My earlier post on this matter, from last night, can be accessed here.
“Senate Confirms Owen as Federal Appellate Judge”: The Los Angeles Times provides this news update.
The Providence (R.I.) Journal reports that “Chafee votes against Owen’s confirmation.”
The Fort Worth Star-Telegram provides a news update headlined “Owen confirmed by Senate.”
Financial Times provides a news update headlined “Senate confirms Owen to appeals court.”
Bloomberg News reports that “U.S. Senate Confirms Owen as Federal Appellate Judge.”
BBC News reports that “US Senate confirms blocked judge; The US Senate has confirmed Texan Priscilla Owen as a federal judge, ending four years of wrangling over the controversial judicial nomination.”
And you can access online press releases entitled “Neas Decries Owen Confirmation; Texas Judge favors Corporate Interests, imposes Right-Wing Ideology” and “ACLJ Pleased Senate Confirms Priscilla Owen for Federal Appeals Court.”
“Republican centrists dominate — for 48 hours at least; In votes on stem cell research and filibusters, GOP members clash with Bush”: Tom Curry, national affairs writer for MSNBC, provides this report.
The official roll call tally on Priscilla R. Owen‘s confirmation vote is now available online: You can access the roll call tally at this link. Two Democrats joined 54 Republicans in voting for confirmation. One Republican and one Independent joined 41 Democrats in voting against confirmation. And one Democrat did not vote. If my memory is correct, Justice Owen qualifies as the first nominee of President George W. Bush to the U.S. Courts of Appeals to receive a “no” vote from a Republican Senator. Thus, she was both supported and opposed in the U.S. Senate on a bipartisan basis.
Update: My memory is not correct. A reporter for a major media organization emails to point out that Senator Trent Lott (R-MS) voted against Fourth Circuit nominee Roger L. Gregory, whom President George W. Bush had renominated on the same date that Justice Owen was originally nominated for the Fifth Circuit. You can access the roll call vote on Judge Gregory’s confirmation here. Of course, Judge Gregory was originally a nominee of President Bill Clinton, but George W. Bush did renominate Judge Gregory (who was then a recess appointee serving on the Fourth Circuit). So there you have it — not exactly man bites dog, but mainstream media corrects blog.
“Priscilla Owen Confirmed As Federal Judge”: The Associated Press provides this report.
Why wait for the official results of the vote? Reuters is already reporting, as of 12:24 p.m., that “Senate confirms long-stalled judicial nominee.”
The appointed hour for an up-or-down vote in the U.S. Senate on the nomination of Priscilla R. Owen to serve on the U.S. Court of Appeals for the Fifth Circuit has arrived: Stay tuned for the results of the vote.
Update at 12:41 p.m.: The Senate, by a vote of 56-43, has confirmed Priscilla R. Owen to the Fifth Circuit. For what it’s worth, Fourth Circuit Judge Dennis W. Shedd retains the distinction of being the George W. Bush appellate court nominee confirmed with the least amount of support thus far.
Second update: A number of readers have emailed to note that Sixth Circuit Judge Jeffrey S. Sutton received only 52 votes in favor of his nomination, whereas Judge Shedd received 55 votes for confirmation. But Judge Sutton also received only 41 votes against, whereas Judge Shedd received 44 “no” votes. The roll call tally for Judge Sutton is available here, and I have linked in the earlier update, in the paragraph immediately above, to the tally for Judge Shedd. The numbers give Judge Sutton a tiny fraction more support than Judge Shedd received, at least on a percentage basis of those voting, by which I mean that 52 divided by 93 produces a greater result than 55 divided by 99.
The appellant (hereinafter “P. Diddy”) appeals from the largest award of child support in the history of New York State: The Associated Press reports that “P. Diddy to Appeal Child Support Order.”
“LeSage offers a new way to choose federal judges; Panel would purge judicial patronage”: This article appeared yesterday in The Toronto Globe and Mail.
“High court’s citing is ‘wildest dream’ come true”: Dan Margolies had this essay yesterday in The Kansas City Star. The essay begins, “Kansas City lawyer Gina Riekhof raised a glass of wine last week to the U.S. Supreme Court’s decision striking down state restrictions on interstate wine sales. That’s because Riekhof played a role in the case’s outcome. An article co-authored by the 27-year-old lawyer was cited twice by the court, which ruled that states must treat out-of-state wineries the same as those in-state.”
You can access the U.S. Supreme Court‘s ruling at this link; you can learn more about Gina M. Riekhof here; and you can access at this link the article that the Supreme Court cited.
From yesterday’s edition of The Daily Journal of California: Yesterday, Peter Blumberg had an article headlined “Lawyer who beat child porn law denied fees; 9th Circuit Denies Fees in Child Porn Law Case.” My earlier report on that ruling can be accessed here.
And from Washington, DC, Brent Kendall had an article headlined “Supreme Court agrees to hear parental-notification law.”
“Senate to vote on Owen nomination; Judicial nominee had been blocked by filibuster”: CNN.com provides this report. The vote is scheduled for noon eastern daylight time today. It will be interesting to see whether this nominee receives 60 or more votes in favor of confirmation.
The Associated Press reports that “Owen Poised for Judge Confirmation Vote“; “Deal on Judges May Complicate Bush Agenda” and “Nominee Owen Would Fit in In New Orleans.”
The Washington Post today contains an editorial entitled “On the Merits.”
Today’s broadcast of NPR‘s “Morning Edition” contained a semgent entitled “Filibuster Deal Seen as a Mixed Blessing for Frist.”
Yesterday’s broadcast of the public radio program “Here and Now” contained a segment entitled “Senate Agreement.”
Yesterday’s broadcast of the public radio program “The Connection” contained a segment entitled “Filibuster Compromise.”
Finally for now, at National Review Online, Jonah Goldberg has an essay entitled “Compromised: The bad logic behind the Senate’s judge deal.”
“Supremely qualified: Jersey judge’s resume could land him a job on the nation’s highest court.” The Newark Star-Ledger on Monday contained this article profiling Third Circuit Judge Samuel A. Alito, Jr.
In newz from New Zealand: The Dominion Post today contains an article headlined “Called to the bar: court may sit in pub” that begins, “A former Wellington pub has been suggested as a possible alternative home for the Supreme Court.”
“Court considers parental rights in same-sex cases; Former partners seek child support, visitation orders”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The California Supreme Court appeared to be prepared Tuesday to extend parental rights to gays and lesbians who helped their partner plan and raise a child before separating.”
And in The Los Angeles Times, Maura Dolan reports that “Justices Hear Gay Parent Rights Cases; Some on the state high court seem sympathetic to the idea that, despite breakups, people who raise partners’ children have legal standing.”
“High court to expedite ruling in Williams case; Lawyer Keven A. McKenna argues the state Constitution prohibits the chief justice from holding his office and a state lawyer counters that McKenna has no standing to make that claim”: This article appears today in The Providence (R.I.) Journal.
“Senate Votes to End Filibuster on Justice Owen; The move paves the way for confirmation of the appellate nominee and two other candidates”: The Los Angeles Times today contains this article, along with articles headlined “Senate Truce Faces Test of Bush’s Next Nominations; A polarizing choice, especially for Supreme Court, could unravel the deal, both sides say” and “Senators Broke Bread Before Impasse Was Broken; Friendly chitchat between Nelson and Lott put the wheels in motion for a rigorous, painstaking deal that averted a showdown.”
The Washington Post today contains an article headlined “The High Court: Bush Expected to Push for a Conservative.”
The Chicago Tribune reports that “Era of good feeling shows signs of fading in Senate; Judicial deal can’t mask partisan realities.”
The Wall Street Journal reports that “Senate Judges Deal Gets Mixed Verdict; Supreme Court Vacancy Likely Will Test Bipartisan Compromise On Judicial Nominations.”
The Boston Globe contains articles headlined “Senators test extent of deal on nominees“; “GOP emotions running high; Anger, dismay over compromise“; and “Republicans’ hold loosens in Congress; Challenged over ethics, judiciary, stem cell research.”
The Baltimore Sun reports that “President looks on positive side of Senate’s compromise on judges; Bush pleased that deal advances his nominees; conservatives are critical” and “Senate accord clears way for approval of judge today; Owen confirmation likely; 2 others may follow soon.”
The Washington Times reports that “Owen proceeds toward an OK; anger grows“; “Democrats count victory in pact on judicial picks“; and “GOP senator faults Bush in filibuster deal.”
USA Today reports that “Compromise may spread beyond filibuster agreement; Senators get flak, but deal may pave way on other divisive issues.”
The St. Petersburg Times reports that “Many fear that Senate deal could splinter; Senators from both parties predict that the unity shown in the filibuster compromise will not carry over.”
The Pittsburgh Post-Gazette reports that “Judicial nominee finally moves to a vote” and “Compromise on filibuster leaves questions hanging.”
The Houston Chronicle reports that “Senate’s filibuster busting turns on a definition; ‘Extraordinary circumstances’ is the key phrase.”
The Fort Worth Star-Telegram reports that “Confirmation of Texas judge is set for today.”
The Mobile Register reports that “High profile likely aided Pryor’s bid; Vote on judicial nominee from Mobile probably coming next month.”
The Huntsville Times reports that “State’s senators pleased Pryor to get vote.”
In The New York Sun, Luiza Ch. Savage reports that “Filibuster Deal Has Democrats Claiming Victory.”
The State of Columbia, South Carolina reports that “Graham gets heat for deal; His mediator role in filibuster drama upsets many in S.C.”
The Cleveland Plain Dealer reports that “DeWine’s deal draws the wrath of conservatives who want him out.”
The Rocky Mountain News reports that “Salazar’s role in deal hailed, hit.”
The Daily Sentinel of Grand Junction, Colorado reports that “Sen. Salazar helps broker compromise for votes on appeals judges.”
The Providence Journal reports that “Chafee says future nominees should have bipartisan support; ‘The country needs it,’ says Rhode Island’s Republican senator.”
The Philadelphia Inquirer contains an article headlined “Specter: Filibuster deal lesser of undesirables; He won’t say how he would have voted but notes that the compromise could enhance the Judiciary Committee’s role.”
The Mississippi Press contains an article headlined “Lott, Cochran: Give filibuster compromise a chance.”
The St. Paul Pioneer Press contains an article headlined “Coleman, Dayton: Clash inevitable.”
The Republican-American of Waterbury, Connecticut reports that “Lieberman vital in disarming nuclear option.”
The Times-Picayune reports that “Judicial nominee deal angers advocacy groups; Neither hard-line side wants to give an inch.”
The San Francisco Chronicle reports that “Filibuster deal is called a blow to Frist’s ambitions; Senator’s presidential hopes, his standing as a leader are hurt, political analysts say.”
The Arkansas Democrat-Gazette reports that “Language in senators’ deal too ambiguous, critics say.”
Newsday contains articles headlined “Bipartisan dealings limit Bush; GOP defiance, and 2nd-term presidency are evident in deals on stem-cell research, judges’ nominations” and “Will filibuster deal hold?”
The San Diego Union-Tribune contains articles headlined “Bipartisan deal pulls Senate back from brink” and “Feinstein, Boxer hint at erosion of Senate civility; Democrats say they feel bullied by Republican rule.”
Investor’s Business Daily reports that “Filibuster Deal Will Let Some Judges In.”
The Toronto Globe and Mail contains an article headlined “Bush’s second-term reach exceeding his grasp; President’s ambitious agenda is meeting resistance from GOP moderates in Senate and U.S. voters.”
In commentary, The New York Times contains an editorial entitled “Disarmament in the Senate.”
The Wall Street Journal contains an editorial entitled “Senate Charade: A remarkable exercise in political self-protection.”
The Philadelphia Inquirer contains an editorial entitled “Filibuster Compromise: A victory on center court.”
The Baltimore Sun contains an editorial entitled “A chance to start over.”
The Orlando Sentinel contains an editorial entitled “Good politics: A compromise on the judicial nominees isn’t perfect but avoids showdown.”
The New York Sun contains an editorial entitled “Our Fringe Senators.”
The Fort Worth Star-Telegram contains an editorial entitled “Genuine leaders.”
The Seattle Times contains an editorial entitled “Finally, compromise in the U.S. Senate.”
The Allentown Morning Call contains an editorial entitled “Leadership from the center puts the Senate and nation’s interests first.”
The Rutland Herald contains an editorial entitled “The moderate 14.”
The South Florida Sun-Sentinel contains an editorial entitled “Art Of The Deal.”
The Arkansas Democrat-Gazette contains an editorial entitled “Filibustered out: Back where we started.”
The Rochester (N.Y.) Democrat and Chroncile contains an editorial entitled “The peacemakers: They prevailed in the U.S. Senate this week, but for how long?”
