How Appealing



Thursday, July 21, 2005

“The sudden death of Romney’s dream: What once seemed like a clever ploy has become a political and policy disaster for the governor.” This week’s issue of The Boston Phoenix contains an article that begins, “It seemed like a good idea at the time. When Mitt Romney first announced his desire for a ‘gold standard’ death penalty almost two years ago, it looked like a reasonable bet — both as politics and as policy.”

Posted at 10:55 PM by Howard Bashman



Available online from law.com: Jeff Chorney reports that “9th Circuit Orders Unabomber Papers Sold for Restitution.”

Tony Mauro has an article headlined “Transitioning O’Connor’s Clerks.”

In related news, “Recalling John Roberts From His Harvard Days.”

And in news from Florida, “Judge Steps Aside After Litigant Hires Employer of Jurist’s Wife; Action constitutes sixth recusal by a judge in a case that has dragged on for nearly 10 years” and “Blogs Make for Nasty Times in Workplace; Ugly spat over editors’ comments on Internet highlight peril companies face with employee Web logs.”

Posted at 10:42 PM by Howard Bashman



The federal government’s Brief for Petitioners filed in the U.S. Supreme Court in the Solomon Amendment case can now be accessed online: “SCOTUSblog” has posted the brief online here. I read the brief in typescript form when my copy arrived at my office in yesterday’s mail, and I found the federal government’s arguments to be very strong. As I noted here last week, I’ll be debating the case in support of the federal government’s position, against the law professor who is FAIR’s founder and president, this November at the University of Chicago Law School at an event hosted by that school’s American Constitution Society chapter.

Posted at 8:55 PM by Howard Bashman



Public radio programming available online: This evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “Picking a Political Winner for the Supreme Court.”

Yesterday’s broadcast of “Here and Now” contained segments entitled “Supreme Court Nomination” (featuring Lyle Denniston); “Senator Kennedy Responds to Bush’s Nomination“; and “Confirmation History.”

Yesterday’s broadcast of “The Connection” contained a segment entitled “And the Nominee Is….

Yesterday’s broadcast of “On Point” contained a segment entitled “Justice Roberts?” And Tuesday’s broadcast included a segment consisting of President Bush’s announcement of the nominee and a discussion of the nomination with various commentators and law professors.

Finally, Law Professor Ann Althouse discussed the nomination this morning on Wisconsin Public Radio (click here to listen).

RealPlayer is required to launch these audio segments.

Posted at 8:30 PM by Howard Bashman



Recently on the PBS program “The NewsHour with Jim Lehrer“: This past Tuesday’s broadcast contained segments entitled “Supreme Court Pick” and “Padilla Case” (transcripts with links to audio and video).

Yesterday’s broadcast contained segments entitled “Supreme Court Choice“; “President Bush’s Selection“; “Newsmaker: Andrew Card“; and “Newsmaker: Sen. Charles Schumer” (transcripts with links to audio and video).

And from this evening’s broadcast, you can access by clicking here (RealAudio required) the audio from a segment entitled “Supreme Court Nominee Visits Capitol Hill.”

Posted at 8:10 PM by Howard Bashman



“A six-pronged strategy for defeating Roberts; It will be friends of ‘the hapless toad’ versus Bush’s high court nominee”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 6:10 PM by Howard Bashman



“Man testifies he blacked out when his penis was severed; Woman’s assault trial begins with testimony from injured ex-lover”: Although I’ll be making a blog-related trip to Houston next Tuesday and Wednesday, I don’t plan on providing in-person coverage of this matter.

Posted at 5:54 PM by Howard Bashman



“NWI in judicial spotlight — Candidate’s ties to area run deep”: The Post-Tribune of Merrillville, Indiana today contains an article that begins:

The press room at the Bush White House wasn’t the only place abuzz with speculation over Supreme Court nominee John G. Roberts Jr.

Local reaction poured out in Northwest Indiana almost immediately after President Bush, in a news conference with Roberts, announced his nominee had worked in a steel mill in Indiana.

The former Long Beach resident grew up near Michigan City in LaPorte County, and his father managed the Bethlehem Steel plant in Burns Harbor. His selection brought national attention to the area, as even Time magazine sent reporters to Roberts’ old high school.

Valparaiso is home to many Roberts supporters, including his sister and a high school acquaintance who now works downtown as a pharmacist at Gil’s Drugs.

Jesse J. Holland of The Associated Press reports that “Roberts Likely Won’t Face Filibuster.” The AP also offers items headlined “Roberts Nomination Revs Up Senate’s Pace“; “Poll: Roberts’ Abortion Stance of Interest“; and “Results of AP-Ipsos Poll on John Roberts.” More information from the poll can be accessed here (PDF).

The Buffalo News reports today that “Roberts nomination draws praise; John G. Roberts Jr.’s stellar legal record and stealth political views are seen as assets by legal experts.”

Newsday today contains articles headlined “Let the bench jockeying begin; One day after the nomination of Roberts, pro and con marshal forces, with history in the balance“; “The confirmation clash; Special interest groups plot varying strategies in getting their message out, for or against judicial pick“; and “Hometown had faith in his success.”

Also in Newsday today, Law Professor Jack M. Balkin has an op-ed entitled “A nominee after Bush’s own heart.” Jim Copland has an op-ed entitled “Supreme Court’s new glue? John Roberts has the potential to be the next Rehnquist, pulling together a divided group of justices.” Columnist Sheryl McCarthy has an essay entitled “Knee-jerk reactions, left and right.” And columnist James P. Pinkerton has an essay entitled “New Media add fuel to nominee fight.”

The San Antonio Express-News reports that “Hispanics aren’t pleased with Bush’s action.”

Online at the First Amendment Center, David L. Hudson Jr. has an essay entitled “High court nominee well-versed in First Amendment.”

Red Herring offers an item headlined “Court Pick Deferred to FCC; Supreme Court nominee John Roberts has a record of deferring to the U.S. Federal Communications Commission.”

Slate is hosting a breakfast table discussion titled “Roberts Reviewed.”

Today’s broadcast of NPR‘s “Day to Day” contained a segment (RealPlayer required) entitled “Judge Roberts and the Abortion Debate.”

America First Party has issued a press release titled “Property Rights: Bush Breaks Promise to Nominate a Thomas or Scalia.”

And Law Professor Brian Leiter has a post titled “The Nomination of Judge Roberts to the U.S. Supreme Court” in which he concludes, “He should not be confirmed because * * * one should not vote to confirm someone whose moral and political views are, on many of these issues, likely to be depraved and repellent.”

Posted at 5:25 PM by Howard Bashman



“History Lesson; In Re Judge Roberts: Question Of ‘Originalism’ Looms Large; His Record Shows Affinity To Scalia’s Strict Doctrine But Also More Flexibility; Law-and-Order Conservative.” Jess Bravin has this front page article (pass-through link) today in The Wall Street Journal.

Posted at 4:55 PM by Howard Bashman



“Big Supreme Court struggle lies ahead”: Pulitzer Prize-winning historian David Garrow has this op-ed today in Financial Times.

Posted at 4:54 PM by Howard Bashman



Programming note: This afternoon, I’ll be attending a meeting in South Philadelphia with visitors from Los Angeles. More later.

Posted at 11:18 AM by Howard Bashman



“He’s No Souter: Many liberals are heartened by the possibility of Justice Roberts; They shouldn’t be.” Michael C. Dorf has this essay online at The American Prospect.

Posted at 10:15 AM by Howard Bashman



“The Presidents’ Man: Why John Roberts’ service in the White House Counsel’s office matters.” Hugh Hewitt has this essay today online at The Weekly Standard.

Posted at 10:14 AM by Howard Bashman



“Roberts has avoided tipping his hand; In 2003, he fended off Senate questions about his views on divisive issues”: Gail Gibson has this article today in The Baltimore Sun. The newspaper also contains articles headlined “Modest, measured, a Washington oddity“; “Democrats, GOP begin dance over nominee; Hearings likely to begin early Sept., Specter says“; “Bush opens drive to raise Roberts’ profile; President praises, sticks close to his nominee for Supreme Court seat“; and “Critics lament loss of woman’s perspective; Some question wisdom of putting another white male on high court.”

In The Chicago Tribune today, Jan Crawford Greenburg reports that “Democrats want internal memos on hot-button issues.” And in other coverage, “Town gushes over ‘smartest guy in class’“; “Judge meets his jury on Capitol Hill“; and “Nomination vexes liberals, women; Loss of 2nd female voice is seen as cause for concern.”

The Boston Globe reports that “All eyes are on nominee; Democrats vow to learn court pick’s abortion views.” Charlie Savage reports that “Environmental groups study Roberts’s rulings with concern.” In other coverage, “To many, he is a quiet conservative; Nominee’s friends laud brilliant mind and humility.” An editorial is entitled “Questions for a judge.” Columnist Joan Vennochi has an op-ed entitled “A smart choice by Bush.” And Law Professor Martha Minow has an op-ed entitled “High stakes for legal issues.”

The San Francisco Chronicle reports that “Senate likely to OK Roberts.” And Bob Egelko reports that “Roberts’ resume runs political gamut.”

The Pittsburgh Post-Gazette contains articles headlined “Court fight shaping up; Skirmishing over how to question Roberts“; “Activists mobilize, but will they matter?“; and “A handful protest Bush’s court choice; Small group gathers at Federal Building, Downtown.”

The Houston Chronicle reports that “Bush’s low-key choice dodges fireworks so far; Lawmakers take in the nomination, promising to mine Roberts’ record on the pivotal issues.”

In The Dallas Morning News, Allen Pusey reports that “Roberts’ legal decisions show conservative colors, bit of flair.” And in other coverage, “Roberts gearing up to defend his record in Senate hearings; Democrats question his stance on abortion; backers urge fairness” and “Selection doesn’t serve diversity, groups complain; Some women, minorities hope Bush will reach out with next vacancy.”

The St. Petersburg Times reports that “Odd cases reflect on nominee’s philosophy; Is Supreme Court nominee John G. Roberts Jr. a tough upholder of blind justice or an eminently balanced judge?” and “For nominee, a day to meet, greet; Senators welcome John G. Roberts Jr. on his first full day in the political limelight as interest groups gear up for a fight.” And an editorial is entitled “Judging John Roberts: During the confirmation process, the Senate should embrace its ‘advice and consent’ role and focus on the Supreme Court nominee’s views on federalism.”

In The Philadelphia Inquirer, political analyst Dick Polman has an article headlined “On the Hill: Don’t look for a Borking.” In other coverage, “Area senators optimistic and cautious“; “Business leaders support nominee; Judge Roberts’ judicial and corporate experience drew praise; CEOs said he understood the business world“: and “Specter pledges ‘full, fair’ hearings; Optimistic that there will not be a filibuster, he said he would allow a wide range of questions.” An editorial is entitled “Supreme Court Nomination: Take your time, senators.” Law Professor Neil S. Siegel has an op-ed entitled “Rigorous questions would be only fair.” And Law Professor Marci Hamilton has an op-ed entitled “Independent voice vs. an insider’s view.”

And The Times-Picayune reports that “Activists marshal money, manpower in court fight; La. represented on both sides of debate.”

Posted at 8:50 AM by Howard Bashman



“Same-sex marriage becomes law of the land; Royal assent on controversial legislation caps raucous parliamentary session”: This article appears today in The Toronto Globe and Mail.

Posted at 8:44 AM by Howard Bashman



“Court Nominee’s Life Is Rooted in Faith and Respect for Law”: This lengthy profile appears today in The New York Times. The newspaper also contains articles headlined:

Columnist David Brooks has an op-ed entitled “A Competent Conservative.” And Law Professor Jeffrey Rosen has an op-ed entitled “In Search of John Roberts.”

Today in The Washington Post, Charles Lane has a front page article headlined “Short Record as Judge Is Under a Microscope.” The newspaper also contains articles headlined:

The newspaper also contains an editorial entitled “Stakes for the Court.” Columnist E.J. Dionne Jr. has an op-ed entitled “A Right Turn With a Smile.” Columnist Richard Cohen has an op-ed entitled “Chad Tidings.” Law Professor John Yoo has an op-ed entitled “High Court Peace Offering.” And columnist Marc Fisher has an essay entitled “Judicial Analysis Made Easy.”

The Los Angeles Times contains articles headlined “Democrats Forgo Discord on Court Pick, at Least for Now“; “Wife of Nominee Holds Strong Antiabortion Views“; “Tiny, Insular Town Was Home; John G. Roberts Jr. spent his teen years in Long Beach, Ind., popular with Bethlehem Steel executives like his father“; and “Confirmation Path May Run Through Florida; Roberts’ low-profile role as an advisor to Republicans during the 2000 presidential recount fight is likely to be closely scrutinized.” In addition, Law Professor Richard Schragger has an op-ed entitled “At risk: Roe, rights and religion.”

The Washington Times today contains articles headlined “Nominee no stranger to Supreme Court“; “Senate GOP rallies for Roberts“; and “Conservatives prepared to spend on court fight.” An editorial is entitled “The Roberts nomination.” And Thomas Sowell has an op-ed entitled “Calculated confusion.”

The Miami Herald contains an article headlined “Roberts gave GOP advice in 2000 recount; John G. Roberts, President Bush’s nominee to the U.S. Supreme Court, played a role in the chaotic, 36-day period following the disputed 2000 presidential election.”

The Indianapolis Star contains articles headlined “Indiana roots, with a twist; ‘He was born a star, I guess’ recalls Roberts’ teacher” and “Colleagues recall ‘a regular Midwest guy.’

In The New York Sun, Josh Gerstein reports that “Judge Roberts Begins the Rounds of the Senate.” The newspaper also contains an editorial entitled “A Long-Standing Norm.”

USA Today contains front page articles headlined “Next question on nominee: What does he really think? It’s hard to tell if views he expressed as a litigator or as a circuit judge reflect his own, or if he was just bound by precedents and clients’ interests” and “‘Very good start’ for Roberts
Poll: 76% need more details about his views
.” In other coverage, “Advocates still hope for female or Hispanic pick“; “Friends tell of a modest but highly motivated man; Born in Buffalo and raised in Indiana, Roberts rose to the top in Washington“; and “Senators keep quiet on nominee; activists don’t.” And Mario M. Cuomo has an op-ed entitled “Keep wall between judiciary and politics: The Founders wanted separation; Any effort to bridge that divide should be enough to wake up a quiet populace.”

Finally for now, The Wall Street Journal today contains an editorial entitled “Roberts Rules: Moving the Supreme Court back toward the center.”

Posted at 7:00 AM by Howard Bashman



Available online from National Public Radio: Yesterday evening’s broadcast of “All Things Considered,” in addition to containing the segments previously mentioned here, also contained segments entitled “Roberts’ Legal Record, Public and Private” (featuring Nina Totenberg); “Senators Weigh Roberts’ Record“; and “Calculating Roberts’ Chances.”

And yesterday’s broadcast of “Talk of the Nation” contained a segment entitled “Who Is John Roberts?

Posted at 6:30 AM by Howard Bashman