How Appealing



Sunday, August 28, 2005

“Judge awaits verdict in opera’s court of public opinion”: This article appears in Monday’s edition of The Sydney Morning Herald.

Posted at 8:42 PM by Howard Bashman



“The Mommy Blawg” hosts “Blawg Review #20”: I would have linked to this earlier had I not been on vacation last week.

Posted at 7:40 PM by Howard Bashman



“Caribbean Court Gives Chickens Time of Day”: The Los Angeles Times today contains an article that begins, “In the sweaty abandon of a summer festival, did calypso singers libel chickens? That question, with all of its free speech ramifications, is the unlikely first issue taken up by the Caribbean Court of Justice, the new regional high court that is replacing the London Privy Council and completing a four-decade journey to independence for former British colonies in the Caribbean.”

In other coverage, The Associated Press reported that “Chicken case goes to Caribbean court.”

The underlying dispute arose on Barbados, where earlier this month The Barbados Advocate reported that “CCJ gives radio station more time.”

And The Trinidad & Tobago Express published articles headlined “CCJ seeks speedy end to 1990 case; Chicken farm vs Barbadian radio company” and “First sitting of CCJ; Bomb scare, cramped conditions.”

Posted at 7:32 PM by Howard Bashman



“Backers of high court pick put views on the table; The conservative group Progress for America promotes Judge John Roberts’ nomination on the radio and at a $493 lunch”: This article appeared yesterday in The Providence (R.I.) Journal.

Posted at 7:20 PM by Howard Bashman



“Court is closed Monday, August 29th and Tuesday, August 30th; Oral Arguments are cancelled for the entire week”: So reports the web site of the U.S. Court of Appeals for the Fifth Circuit, headquartered in New Orleans. After crossing through the southern portion of the U.S. Court of Appeals for the Eleventh Circuit toward the end of last week, Hurricane Katrina now threatens to wreak havoc at the headquarters of the Fifth Circuit and the westernmost portion of the Eleventh. From there, the forecast predicts that the storm will head into the geographical jurisdiction of the Sixth Circuit.

Posted at 6:24 PM by Howard Bashman



“Hypocrisy on adult consent”: Columnist Jeff Jacoby has this op-ed today in The Boston Globe. The op-ed focuses on the Seventh Circuit‘s ruling two months ago in Muth v. Frank, a decision rejecting a state prisoner’s argument that Wisconsin’s incest statute is unconstitutional insofar as it seeks to criminalize a sexual relationship between two consenting adults. My earlier coverage of that ruling can be accessed here.

Posted at 3:40 PM by Howard Bashman



Not only is this federal court secretive, but now it will be using big words that few are likely to understand: The Providence (R.I.) Journal reported on Thursday of last week that “Selya named to secretive federal court on wiretaps; His appointment to the U.S. Foreign Intelligence Surveillance Court of Review will be for a seven-year term.”

My “20 questions for the appellate judge” interview with First Circuit Judge Bruce M. Selya from March 2004 can be viewed at this link.

Posted at 10:44 AM by Howard Bashman



The Sacrament Bee is reporting: Today’s newspaper contains articles headlined “2 capital judges on high court short list; Schwarzenegger lists England, Raye and a Bay Area magistrate as possible Brown successors” and “Setting a high bar: Dale McKinney, once serving life in prison, prepares to practice law; How did he do it?

And last week, while I was away on vacation, the newspaper published articles headlined “Parent rights of gays upheld; State gives both partners equal status, even after a breakup” and “Feinstein to seek Roberts’ abortion views.”

Posted at 10:24 AM by Howard Bashman



“Governor’s court candidates revealed; Three names sent to State Bar for screening for Janice Rogers Brown’s seat”: Bob Egelko had this article yesterday in The San Francisco Chronicle.

According to the article: “The three were identified by the source as appellate Justices Carol Corrigan of San Francisco and Vance Raye of Sacramento and U.S. District Judge Morrison England of Sacramento.” Judge England — because he is known to be a longtime, faithful “How Appealing” reader — is my personal favorite in this group.

This past Wednesday, Hugh Hewitt had a blog post titled “Arnold’s Big Decision” reporting on his recent interview with California Governor Arnold Schwarzenegger during which Hewitt asked Governor Schwarzenegger about the governor’s progress in seeking a replacement for former California Supreme Court Justice, and now D.C. Circuit Judge, Janice Rogers Brown.

Posted at 10:15 AM by Howard Bashman



“Meet John Roberts, in his words: The Supreme Court nominee has said little publicly, but more than 60,000 pages of writings give insight into who he is.” This article appears today in The St. Petersburg Times.

Today in The Pittsburgh Post-Gazette, Michael McGough reports that “Some questioning the real value of Roberts’ memos from days as deputy solicitor general; Even lawyers who think documents might be interesting, think privacy of internal deliberations more important.”

The Washington Post contains a front page news analysis headlined “Roberts Is Defined by His Calm; Key to Nominee’s Poise Is Preparation.” The newspaper also contains an article headlined “Of Counsel, And Shovel, Too; John Roberts’s White House Education.”

The Orlando Sentinel reports that “Debate on Judge John G. Roberts Jr. may test how far senators should go in probing nominees’ views.”

The Toledo Blade reports that “Supreme Court appointment battle may hinge on women’s issue.”

And The Associated Press provides items headlined:

Finally, in commentary, The Arkansas Democrat-Gazette today contains an editorial entitled “The latest brilliant ploy: John Roberts’ critics must really be desperate.”

Posted at 8:50 AM by Howard Bashman



“Minn. Man Aims to Alter Judicial Campaigns”: The Associated Press provides this profile of Greg Wersal, whose efforts (the results of which are described here here) have altered campaigns for elective judicial office not only in Minnesota but across the Nation.

Posted at 8:40 AM by Howard Bashman



“Justice Breyer Takes ‘Originalists’ to Task In a New Book”: Last Tuesday, while I was on vacation, The Wall Street Journal published this article (free access) by Jess Bravin.

Also last Tuesday online at Slate, Dahlia Lithwick had an essay entitled “Reasons To Go On Living: Does anyone believe in a ‘living Constitution’ anymore?” She has since followed-up with two additional columns — “It’s a-Living: Reader responses to the living Constitution” and “Strictly Speaking: Slate readers pull the plug on the living Constitution.”

Posted at 8:32 AM by Howard Bashman



“Roberts v. the Future”: Law Professor Jeffrey Rosen has this lengthy cover story in today’s issue of The New York Times Magazine.

Rosen’s interview with then-attorney John G. Roberts, Jr. in 2002, which is described at the outset of today’s article, was the focus of Rosen’s article published in the August 11, 2002 issue of The New York Times Magazine, headlined “Obstruction of Judges.” I first noted that article here.

And this past Monday, while I was on vacation, The NYTimes published an article by Adam Liptak headlined “In His Opinions, Nominee Favors Judicial Caution.”

Posted at 12:45 AM by Howard Bashman