On this date in “How Appealing” history: On April 9, 2003, as I noted here that day, President Bush formally nominated William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit. Whether Judge Pryor, who thereafter became a recess appointee to that court, will receive the up-or-down vote on the floor of the U.S. Senate that he and all other qualified U.S. Court of Appeals nominees deserve remains seriously in doubt two years later.
Also on this date in 2003, I noted here that the U.S. Senate had scheduled a confirmation vote for later in the month on Jeffrey S. Sutton‘s nomination to the Sixth Circuit. In that vote, Sutton’s nomination was confirmed, although not by a filibuster-proof margin because 41 Senators voted “no.” I also published memorable posts titled “Conjunction junction” and “Too bad ‘How Appealing’ doesn’t hold caption contests.”
One year later, on April 9, 2004, I had a post titled “Duck-gate is just a dull memory now.” I collected additional news coverage of the contretemps involving Justice Anton Scalia on that date at this link. And if the husband of a state supreme court justice resigns from his own state job because he used his office computer to visit porn sites, that would be a newsworthy event, as this post from one year ago today demonstrates.
“What Can Bloggers Do That Reporters Can’t? And vice versa.” Jack Shafer has this press box essay online at Slate. The subject is one I’d like to discuss further, from my perspective, should I ever have an appropriate amount of free time in which to do so.
Fortunately, it will take much less free time to post many of the thoughtful reader responses I received to an email that I recently posted here. Thus, I hope to post a bunch of those responses tomorrow.
“Reid Blasts GOP Filibuster Threat”: This article will appear Sunday in The Los Angeles Times.
Sunday’s edition of The Washington Post will report that “Republicans Enlist History in Fight Against Filibusters.”
And The Telegraph (UK) reports in its Sunday edition that “Republicans plan to end cherished political tradition of the filibuster.”
“Courts stuck in the fray; Conservatives, liberals wage war as judges rule on controversial issues”: Sunday’s issue of The Dallas Morning News will contain an article that begins, “A spate of controversial rulings has propelled the judiciary to the heart of America’s political and cultural wars, unleashing a debate that has the potential to alter the balance of power among the branches of government.”
“Appeals court won’t review its Yates ruling; Prosecutors vow to continue fight; mother who killed her five children could get new trial”: This article appears today in The Houston Chronicle.
“Strumpets, beware: Governor repeals archaic slander law.” The Associated Press provides a report that begins, “Impugning a lady’s chaste reputation will soon be legal in Washington state. Gov. Christine Gregoire on Friday signed a bill repealing an archaic law that prohibited slander of a woman.”
“Justice Sanders admonished for ethics-rules violation”: The Seattle Times today contains an article that begins:
Washington State Supreme Court Justice Richard B. Sanders was admonished yesterday for violating judicial-ethics rules in connection with his visit to the state’s sex-offender treatment center on McNeil Island.
Though admonishment is the least severe disciplinary action, the Commission on Judicial Conduct also took the unusual step of telling Sanders to not hear any cases for two years involving “volitional control,” a subject that came up during his McNeil Island visit.
In other coverage, The Olympian reports today that “Supreme Court justice disciplined for tour; Sanders ordered to sit out some cases due to talk with inmates.” And The Associated Press reports that “Justice Sanders disciplined for touring sex predator center.”
Yesterday’s decision of the Commission on Judicial Conduct of the State of Washington, from which Washington State Supreme Court Justice Richard B. Sanders says he will appeal, can be accessed here (majority opinion), here (minority opinion), and here (dissenting opinion). And other filings in the judicial conduct proceeding can be accessed via this link.
Back in April 2004, when this matter first became public, I linked to news coverage here, here, and here.
Available online from law.com: Tony Mauro reports that “Padilla’s Lawyers Push for High Court Review.” I have posted online at this link the recent filing Padilla’s lawyers made in the U.S. Supreme Court.
And in other news, Jonathan Ringel reports that “11th Circuit’s Birch Keeps Them Guessing; Judge who attacked Schiavo law called ‘most unpredictable’ on court.” The article mentions Eleventh Circuit Judge Stanley F. Birch, Jr.‘s “20 questions for the appellate judge” interview, which I posted here in October 2003.
“The Evolution of a Justice”: In tomorrow’s edition of The New York Times Magazine, Linda Greenhouse will have this very interesting article about Justice Harry Blackmun. The article is adapted from Ms. Greenhouse’s new book, “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey,” which is scheduled to be released early next month.
“Signatures to spare? Petitions to keep cross on Soledad reach City Hall.” The San Diego Union-Tribune yesterday contained an article that begins, “Proponents of keeping the Mount Soledad cross in place gave the San Diego city clerk well more than twice the required number of signatures yesterday to force the City Council to reconsider a March 8 decision to move the cross.”
“Richard A. Posner ‘Takes Five’; Impact of intellectual property law growing”: Seventh Circuit Judge Richard A. Posner, who back in December 2003 participated in this blog’s “20 questions for the appellate judge” feature, late last month fielded five questions from The Milwaukee Journal Sentinel.
“Buttons of victim’s family prompt new trial”: Bob Egelko has this article today in The San Francisco Chronicle.
And in The San Jose Mercury News, Howard Mintz reports that “Federal court reverses 1995 murder conviction; Family photo buttons called inflammatory.”
“High court hears S.D. crime victim’s case against taco shop”: This article appears today in The San Diego Union-Tribune.
“Dems’ filibustering serves a majority”: Dave Zweifel had this op-ed Monday in The Capital Times of Madison, Wisconsin.
“Cornyn responds to backlash from judicial speech; He says it gave Dems a weapon ahead of hearings”: Thursday’s edition of The Houston Chronicle contained this article.
“Rudolph To Plead Guilty to Bombings; ’96 Olympics Killer To Get Life in Prison”: This front page article appears today in The Washington Post.
The New York Times reports today that “Suspect in Blast at ’96 Olympics to Plead Guilty.”
The Los Angeles Times reports that “Plea Deal Is Reached in Olympic Bombing.”
The Birmingham News contains articles headlined “Rudolph to plead guilty in bombings; N.C. explosives cache revealed in exchange for life sentences” and “Clinic survivor disappointed with plea.”
And The Associated Press reports that “Eric Rudolph’s defense lawyer an expert at cutting high-profile deals.”
Let that be a lesson to me: Just because the opinion announcement page of the Tenth Circuit’s web site states that no opinions issued yesterday doesn’t make it so. Rather, four opinions issued yesterday, including an important en banc decision, producing quite a splintered outcome, involving Booker plain error. Law Professor Douglas A. Berman discusses the decision here at his “Sentencing Law and Policy” blog in one of his characteristically thorough 2 a.m. posts.
Available online via C-SPAN: The following video segments are now available online:
RealPlayer is required to launch these segments.
“Reid Defends Dems’ Fight Over Judges”: Jesse J. Holland of The Associated Press provides this report.
“Judges Deserve Better Protection”: Third Circuit Judge Jane R. Roth, chair of the security and facilities committee of the Judicial Conference of the United States, has this op-ed today in The Washington Post.
“Rift emerges in GOP after Schiavo case”: The Boston Globe today contains an article that begins, “Top conservative leaders gathered here a week after Terri Schiavo’s death to plot a course of action against the nation’s courts, but much of their anger was directed at leading Republicans, exposing an emerging crack between the party’s leadership and core supporters on the right.”
The Washington Times reports today that “DeLay denies making threats to judges.”
Financial Times reports that “DeLay shrugs off claims of ethics violations.”
FOXNews.com reports that “DeLay in Hot Water Again.”
The San Antonio Express-News reports that “Remarks on Senate floor trigger critics’ big guns.”
Newsday contains an editorial entitled “DeLay steps over the line: Republican leader’s attack on judges is just his latest inappropriate act.”
In The Atlanta Journal-Constitution, columnist Cynthia Tucker has an essay entitled “Fiery rhetoric could explode.”
And columnist Tom Teepen of Cox Newspapers has an essay entitled “Too Many Had Axes To Grind In Schiavo Family Feud: The players have gone elsewhere to agitate at some other provocation, leaving a real widower and real parents grieving.”
“2 Sides Do Battle in Court on Whether E.P.A. Should Regulate Carbon Dioxide”: This article appears today in The New York Times.
And BBC News reports that “US government ‘must restrict CO2’; Twelve US states, three cities and several prominent environmental groups told a court on Friday that the United States government had a legal duty to restrict greenhouse gas emissions.”
“And the Verdict on Justice Kennedy Is: Guilty.” Dana Milbank has this article today in The Washington Post.
“Justice Kennedy on tough cases”: Wednesday’s edition of The Washington Square News contained an article that begins, “Supreme Court Justice Anthony Kennedy told a packed crowd at the School of Law Monday night to let America absorb the effects of the Court’s ruling that anti-sodomy laws were unconstitutional, before applying it to same-sex marriage legislation.”
“Students, community members to protest Scalia”: You can access here a press release issued Thursday that begins, “New York University students and members of Manhattan progressive communities will protest an April 12 ceremony at the university’s School of Law honoring Supreme Court Justice Antonin Scalia as the dedicatee of the 2005 NYU Annual Survey of American Law.”
And on Wednesday, The Hattiesburg American contained articles headlined “Scalia speech at JCJC impresses students; Justice says he hasn’t given any thought to leading court” and “Jurist still restricts media access.”
“Barnes Foundation Appeal”: The New York Times today contains this newsbrief (third item), in which I am quoted.
