How Appealing

Wednesday, April 6, 2005

On this date in “How Appealing” history: On April 6, 2003, I noted that “Today is the eleven-month anniversary of ‘How Appealing.’” That day also featured a post titled “Women rule! (part six)” noting what then was the most recent State in which the highest court had a majority of female justices/judges.

One year ago today, this blog recorded its 4 millionth page view. Also under discussion that day were the topics “when doves cry” (see here and here) and, what else, splitting the Ninth Circuit (see here, here, and here). Finally, you can click here to learn which newly-confirmed appellate court nominee of President George W. Bush described what it takes to gain confirmation in the current political climate as follows: “First, lightning needs to strike. Then, you need to make sure you don’t get killed by it.” Here’s a hint — the nominee was one of just a few to be confirmed by less than a filibuster-proof majority.

Posted at 11:55 PM by Howard Bashman

“A Virginia Vintner’s Full Court Press; The Case of Juanita Swedenburg Could Change the Nation’s Wine Trade”: This article appears today in The Washington Post.

Posted at 11:45 PM by Howard Bashman

“GOP Is Fracturing Over Power of Judiciary; Democrats Say Conservatives Are Targeting Filibuster Rules on Court Nominees”: This article will appear Thursday in The Washington Post.

Thursday’s edition of The Hill will contain an article headlined “Santorum: Frist will go nuclear.”

Law Professor Jonathan Turley will have an op-ed entitled “Mr. Frist goes to Washington” in Thursday’s issue of USA Today.

In The Los Angeles Times today, columnist Andres Martinez has an op-ed entitled “Filibuster Doubletalk.”

Online at The Village Voice today, James Ridgeway’s “Mondo Washington” is entitled “Bill Frist’s New Headache: How to Make the Democrats Hush; Majority leader could can the filibuster, but business types quake over nightmare revenge.”

Radio host Rush Limbaugh discussed judicial filibusters and the “nuclear option” today in segments entitled “Democrats Distort Mr. Smith in Ad” and “Some Republicans Fear Beltway Establishment.”

Finally, the organization Coalition for a Fair and Independent Judiciary issued a press release today entitled “More Than One Million Americans Urge Senators to Protect Our Rights and Our Courts; Coalition for a Fair and Independent Judiciary Delivers Petitions Telling Senators to Stand Up for Checks and Balances, Reject the Nuclear Option.”

Posted at 11:40 PM by Howard Bashman

“Hale sentenced to 40 years”: The Chicago Sun-Times provides a news update that begins:

Often red-faced with emotion and proclaiming his innocence to the end, white supremacist Matthew Hale cited the “Star-Spangled Banner,” cried, yelled and pounded his fist in a two-hour courtroom speech this morning, desperately urging a judge not to send him away to “die in a hole.”

But his words failed to sway U.S. District Judge James Moody, who imposed a 40-year sentence — the maximum possible — for soliciting someone to murder U.S. District Judge Joan Lefkow, a retaliatory move that Moody said “strikes at the very core of our system of government.”

The Chicago Tribune provides a news update headlined “White supremacist sentenced to 40 years” that begins:

Calling the defendant “extremely dangerous” and his solicitation to murder a federal jurist “an egregious attack on the rule of law,” a U.S. District judge today sentenced white supremacist Matthew Hale to 40 years in prison.

Judge James T. Moody found that Hale’s solicitation to murder Judge Joan Lefkow was a crime of terrorism — the first such finding in Chicago’s federal court.

And this evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “White Supremacist Hale Sentenced to 40 Years.”

Posted at 8:28 PM by Howard Bashman

“Pentagon’s ‘Stop-Loss’ Policy Upheld”: The U.S. Court of Appeals for the Ninth Circuit today issued a news release that begins:

A three-judge panel of the Ninth Circuit Court of Appeals today rejected an appeal by a soldier seeking to challenge the Pentagon’s “stop-loss” policy. Following oral arguments this morning in Seattle, the panel issued the following two-sentence notice:

“The appellant’s urgent motion for injunction pending appeal, which seeks to enjoin his deployment to Afghanistan, is DENIED.

“The judgment of the District Court is AFFIRMED. An opinion or opinions will follow in due course.”

You can access the court’s order at this link.

In early coverage, this evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “Court Rules Against Challenge to Pentagon’s Stop-Loss Policy” (RealPlayer required).

Posted at 7:20 PM by Howard Bashman

“Filibuster: a key check-and-balance tool.” Pat M. Holt will have this op-ed Thursday in The Christian Science Monitor.

Posted at 5:35 PM by Howard Bashman

Eleventh Circuit holds that Title II of the Americans with Disabilities Act is a valid exercise of Congress’s authority to abrogate a State’s sovereign immunity under Section 5 of the Fourteenth Amendment with regard to disabled students attending a state university: Today’s unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit can be accessed at this link.

Posted at 5:33 PM by Howard Bashman

“The Nuclear Option: GOP Leaders Should Just Say No.” Today in Roll Call, Senator Edward M. Kennedy (D-MA) has an essay (subscription required) that begins, “The Senate Republican leadership claims that the phony ‘crisis’ they have manufactured over judicial nominations is so serious that the only way to solve it is by using the ‘nuclear option.'”

Posted at 2:20 PM by Howard Bashman

“Supremacist Hale Sentenced to 40 Years”: The Associated Press provides a report that begins:

Avowed white supremacist Matthew Hale was sentenced to 40 years in prison Wednesday for trying to have a federal judge killed – the same judge whose husband and mother were murdered five weeks ago by a deranged man who had no connection to Hale.

Hale, the 33-year-old leader of a group that preaches racial holy war, was sentenced after a rambling, two-hour speech in which he claimed he was the victim and even recited part of the Star Spangled Banner. He showed no emotion and sat staring at the defense table as the sentence was handed down.

According to the article, U.S. District Judge Joan Humphrey Lefkow did not attend the sentencing.

Posted at 2:10 PM by Howard Bashman

“Court Tosses R.I. Mayor’s Prison Sentence”: The Associated Press reports here that “A federal appeals court threw out the prison sentence of former Providence Mayor Vincent ‘Buddy’ Cianci and ordered him to be resentenced by a lower court on his conviction for racketeering conspiracy.” Yesterday’s ruling of the U.S. Court of Appeals for the First Circuit does not appear readily available via that court’s web site. Update: A reader emails to advise that the remand was accomplished by an order unaccompanied by opinion.

In somewhat related news, The Providence (R.I.) Journal provides a news update headlined “Reporter Taricani seeks early release from home-confinement.”

Posted at 2:00 PM by Howard Bashman

“Boise police say strippers don’t qualify as ‘artistic’; Dancers accused of violating city’s anti-nudity law”: The Idaho Statesman today contains an article that begins, “A local strip club’s attempt to turn its patrons into sketch artists to get around Boise’s anti-nudity ordinance isn’t going to work, police say.”

Posted at 12:15 PM by Howard Bashman

“Scalia Dissents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice.” That’s the title of a program The Heritage Foundation is hosting at noon today in its Washington, DC headquarters. The speaker is Kevin Ring, editor of the recently published book, “Scalia Dissents.”

If, like me, you’re unable to attend in person, you can view the event live online by clicking here (RealPlayer required). The live feed is already streaming.

Posted at 11:45 AM by Howard Bashman

“Judicial Conference Asks Help to Protect Federal Judges”: The Administrative Office of the U.S. Courts has issued this news release today. Accompanying the news release is a letter that the Judicial Conference of the United States sent yesterday to President Bush and a resolution relating to security that the Judicial Conference adopted last month.

Posted at 11:35 AM by Howard Bashman

Washington Post editorial cartoonist Tom Toles on Republican objections to “inactivist” judges: The editorial cartoon, appearing in today’s newspaper, can be viewed at this link.

Posted at 10:55 AM by Howard Bashman

“Intelligence Critique Fatigue”: Seventh Circuit Judge Richard A. Posner has this op-ed today in The Washington Post.

As noted here, Judge Posner will be participating in an online chat at The Washington Post’s web site starting at 3 p.m. eastern daylight time today. It will be interesting to see whether the chat will be limited to the topic of Judge Posner’s op-ed.

Posted at 10:30 AM by Howard Bashman

“Thomas’s tie to alma mater remains tense; Justice’s confirmation remains sore subject”: The Yale Daily News today contains an article that begins, “U.S. Supreme Court Justice Clarence Thomas LAW ’74 has criss-crossed the country speaking to alumni and students at universities from James Madison University in Harrisonburg, Va. to the University of Kansas in Lawrence. But in his 14 years on the nation’s high court, Thomas has never once returned to his alma mater — Yale Law School.”

Posted at 9:42 AM by Howard Bashman

“National Guardsman Challenges ‘Stop-Loss’ Policy”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”

And The Seattle Times reports today that “Pentagon’s ‘stop-loss’ policy on trial here.”

This case is one of several being argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at the University of Washington School of Law. The three-judge panel consists of Senior Circuit Judge William C. Canby and Circuit Judges Richard C. Tallman and Johnnie B. Rawlinson.

Posted at 9:32 AM by Howard Bashman

“A Proposed Bill to Ban Male Circumcision: The Clash of Gender, Religion, and the Protection of Children.” FindLaw columnist Sherry F. Colb has this essay today.

Posted at 9:25 AM by Howard Bashman

“Frist eyes compromise to forgo filibuster ban; Conservatives seek action over stalled judicial nominees”: This article appears today in The Boston Globe.

The Chicago Tribune reports today that “Democrats accuse GOP of trying to undermine judiciary.” reports that “Mood Sour in Senate on Judicial Nominees.”

The Seattle Post-Intelligencer today contains an editorial entitled “U.S. Constitution: Separate these powers.”

The Journal News of Westchester, New York contains an editorial entitled “Judges in the spotlight.”

The Times Argus of Barre, Vermont contains an editorial entitled “Time to stand up.”

And The Boulder Daily Camera contains an editorial entitled “Playing with fire: Attacks on judiciary more irresponsible than ever.”

Posted at 7:10 AM by Howard Bashman

“The Judges Made Them Do It”: The New York Times today contains an editorial that begins, “It was appalling when the House majority leader threatened political retribution against judges who did not toe his extremist political line. But when a second important Republican stands up and excuses murderous violence against judges as an understandable reaction to their decisions, then it is time to get really scared.”

Late yesterday, U.S. Senator John Cornyn (R-TX) addressed the controversy over his remarks from Monday.

Posted at 6:58 AM by Howard Bashman