How Appealing



Monday, July 25, 2005

“Cornyn has high marks for nominee Roberts; Senator calls criticism circling the judge’s link to Federalist Society ‘an overreaction'”: The Houston Chronicle provides this report.

Posted at 10:10 PM by Howard Bashman



“In short, this is the unusual case where the performance of defense counsel was not only objectively deficient, but likely contributed to a wrongful conviction for a capital crime. I respectfully dissent.” A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit today issued a decision in which Circuit Judge Michael W. McConnell dissented from the majority’s decision reinstating a murder conviction and accompanying death sentence.

Posted at 9:10 PM by Howard Bashman



“Jurors will decide inmate’s intelligence; If the death row prisoner is found to be retarded in York County-Poquoson Circuit Court, his sentence will be reduced to life in prison”: The Daily Press of Hampton Roads, Virginia today contains an article that begins, “Prosecutors and defense attorneys in the case of death row defendant Daryl Atkins today will begin selecting a jury that will be asked to determine if Atkins is mentally retarded.”

This past Saturday, The Washington Post contained a front page article headlined “A Question of Culpability: Mental Capacity of Convicted Virginia Man Is a Murky Legal Issue.”

And The Associated Press reports that “Mentally Retarded Man’s Fate With Jury.”

Posted at 4:40 PM by Howard Bashman



“U.S. court rules railroad must cover contraception”: Reuters provides this report.

Planned Parenthood of Western Washington’s Fair Access to Contraception Project has issued a press release entitled “Women Win Nationwide Sex Discrimination Case Against Union Pacific; Railroad’s Refusal to Cover Contraception in Worker Health Plans Violates Law.”

You can access last Friday’s ruling of the U.S. District Court for the District of Nebraska at this link.

Posted at 4:14 PM by Howard Bashman



“Judge lays down own law: No all-white juries; Transcripts reveal controversial stand.” This article appears today in The Chicago Tribune.

Posted at 3:58 PM by Howard Bashman



“Lady Justice Rises”: CBS News legal analyst Andrew Cohen today has an essay that begins, “United States Supreme Court Associate Justice Sandra Day O’Connor refuses to go gently into the night.”

Posted at 3:38 PM by Howard Bashman



“Blawg Review #16”: This week’s installment is here, hosted by the “Objective Justice” blog.

Posted at 12:12 PM by Howard Bashman



“Bush pick gives Democrats tough choice; Senators were ready to fight, but Roberts has made a good impression with the public”: This article appears today in The Houston Chronicle.

The New York Daily News reports today that “Schumer warms to Roberts call.”

Yesterday, Newsday contained an article headlined “His conservative roots: Roberts’ law career began its ascent under Justice Rehnquist and continued under President Reagan.”

And yesterday in The Baltimore Sun, Gail Gibson had an article headlined “Roberts could tilt to right of court; Nominee and Rehnquist have much in common.”

Posted at 11:54 AM by Howard Bashman



“Kansas City-based Frosty Treats Inc.’s Safety Clown has taken his trademark battle with a video game’s psychotic clown to higher court after getting frozen out of federal District Court in Kansas City.” So reported the Kansas City Business Journal one year ago in an article headlined “Frosty Treats appeals dismissal of trademark infringement case.” And even earlier, the publication reported that, “Violent video game frosts ice cream company.”

Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued an opinion affirming the trial court’s ruling in favor of Sony Computer Entertainment America, Inc., which distributes the “Twisted Metal” series of video games.

Posted at 11:45 AM by Howard Bashman



“What Makes Roberts Different”: Douglas T. Kendall, founder and executive director of Community Rights Counsel, had this op-ed yesterday in The Washington Post.

Posted at 11:28 AM by Howard Bashman



Is nominee too anti-abortion, or not anti-abortion enough? While many U.S. Senators in recent days have expressed the former concern, at least one U.S Senator — Sam Brownback (R-KS) — has expressed the latter concern. On Thursday, The Kansas City Star reported that “Brownback wary of Roberts’ record.” The issue also surfaced yesterday on the NBC News program “Meet the Press” (transcript here).

In other news from Kansas, The Wichita Eagle reports today that “Nominee may be key vote for state; If John Roberts is confirmed to the U.S. Supreme Court, his vote on Kansas’ death penalty law could be crucial.” And last Friday, The Wichita Eagle reported that “Nominee’s wife aided local anti-abortion group.”

Posted at 11:00 AM by Howard Bashman



“False Exile: What’s really behind the left’s worry about John Roberts and the ‘Constitution in Exile.'” John Hinderaker has this essay online today at The Weekly Standard.

Posted at 10:52 AM by Howard Bashman



“Doctors ask court to uphold limits on lawyer’s fees”: The Palm Beach Post yesterday contained an article that begins, “A long-simmering feud between doctors and lawyers — a fight that was supposed to be settled by the passage of a constitutional amendment in the fall — is roiling again. Unhappy that lawyers have figured out a way to get around voter-approved limits on how much they can collect in medical malpractice cases, the Florida Medical Association is asking the state’s high court to deliver what it hopes will be the knockout punch.”

Posted at 10:44 AM by Howard Bashman



Available online from The New Yorker magazine: The magazine’s August 1, 2005 issue contains an article by Jeffrey Toobin headlined “Sex and the Supremes: Why the Court’s next big battle may be about gay rights.”

And Hendrik Hertzberg has a Talk of the Town comment entitled “Roe v. Rove.”

Also available online, from the magazine’s October 28, 1991 issue, is Louis Menand’s Talk of the Town essay about Justice Clarence Thomas’s confirmation hearings.

Posted at 9:10 AM by Howard Bashman