How Appealing



Friday, April 15, 2005

“Kill Phil: The filibuster lets Democrats win political battles while skirting the culture wars–which is why we should abolish it.” Jonathan Cohn has this essay in the April 25, 2005 issue of The New Republic.

Posted at 3:10 PM by Howard Bashman



“Senate filibuster clash will reverberate across America; Crucial vote coming on Frist’s move to end Democratic blockade of judicial nominees”: Tom Curry, national affairs writer for MSNBC, provides this report.

The article quotes Senate Judiciary Committee chairman Arlen Specter (R-PA) as saying, “We’ve circulated Judge Pryor’s five opinions in support of the district judge in (the) Schiavo (case), so we’re working on it.” I bet Eleventh Circuit Judge William H. Pryor, Jr. will be surprised to learn that he wrote even a single opinion in support of the federal district court’s ruling in the Terri Schiavo case.

Posted at 2:05 PM by Howard Bashman



One license plate, under bumper: The Ohio News Network reports here that “The Ohio Senate has unanimously passed and sent the House a bill that would authorize the state to sell license plates featuring the American flag and the ‘One Nation Under God’ motto.”

Posted at 1:05 PM by Howard Bashman



“Commentary: gay marriage in Oregon.” Lyle Denniston of “SCOTUSblog” provides this analysis of yesterday’s ruling by the Supreme Court of Oregon.

In other coverage, The New York Times reports today that “Oregon Supreme Court Invalidates Same-Sex Marriages.”

The Los Angeles Times reports that “Court Nullifies Oregon’s Gay Marriages; Advocates of same-sex unions promise to keep trying; Conservative groups say the ruling, which voids about 3,000 licenses, settles the issue.”

The Oregonian contains articles headlined “Court annuls gay marriages“; “Sense of rejection pains couples but doesn’t deter them; Sadness mixes with anger as partners learn their marriages in Multnomah County have been nullified“; and “Court decision affirms couples’ religious convictions; Some opponents of same-sex marriage stress the importance of gender roles in parenting and society.”

The Salem Statesman Journal today contains articles headlined “Court voids vows“; “Justices show the reasoning behind their conclusions; They say Measure 36 is an operational law, not a principle“; “Gay couples disappointed but not deterred; Some say they will direct attention to civil unions and state legislation“; “Gay marriage debate shifts to civil-union bill; Other bills would broaden protections from discrimination“; and “Religious officials react swiftly to court’s decision; Bible provides different interpretations for community members.”

The Portland Tribune reports that “3,022 gay unions end in a moment; Supreme Court says county was wrong to grant marriage licenses.”

The Mail Tribune of Medford, Oregon reports that “Local gay couples express disappointment, not surprise, at court ruling.”

The Daily Vanguard of Portland State University reports that “Same-sex couples saddened by court decision; Couples married last year say Oregon Supreme Court ruling is a blow, but fight for marriage continues.”

The Corvallis Gazette-Times reports that “Court dashes marriage hopes; Supporters of traditional values hail ruling to void same-sex unions.”

The Seattle Post-Intelligencer reports that “Same-sex marriages voided in Oregon; Washington couples who rushed to Portland are disheartened by ruling.”

The Seattle Times reports that “Some feel jilted by Oregon ruling on gay marriage.”

The Bellingham Herald reports that “Birch Bay couple unruffled by ruling.”

Finally, The Washington Times, whose coverage of this issue exemplifies why the term “scare quotes” was invented, reports that “Oregon court voids same-sex ‘marriages.’

Posted at 12:18 PM by Howard Bashman



Baseball and taxes: This evening, I will have the pleasure of spending my second consecutive Jackie Robinson Day at the ballpark watching my hometown Philadelphia Phillies. Unlike last year, when the Phillies played a day game, I’ll be attending tonight’s game with my son, the region’s second biggest Atlanta Braves fan, as the Phillies host the Braves.

Tax Day also provides an opportunity to measure objectively how the first year at my appellate boutique fared. I think the proverbial tax man will be quite pleased, as he received a far greater amount of money from me than ever before. If there’s any bright side, at least I was able to avoid the dreaded AMT.

Posted at 11:55 AM by Howard Bashman



“Peggy Quince Tries To Pull A Full Scalia”: Columnist Daniel Ruth has this essay today in The Tampa Tribune. I previously linked here to news coverage of this matter.

Posted at 11:15 AM by Howard Bashman



“House Hearing on Budget for Supreme Court of the U.S.”: C-SPAN has made available online the video of this noteworthy hearing from earlier in the week, at which Justices Anthony M. Kennedy and Clarence Thomas appeared. To launch the video, click here (RealPlayer required).

I previously linked to news coverage of the hearing here and here.

Posted at 11:10 AM by Howard Bashman



Senate Majority Leader Bill Frist, M.D. (R-TN) has launched a web page devoted to judicial filibusters and the nuclear option: You can access the page by clicking here.

Posted at 7:18 AM by Howard Bashman



“Senate on brink of ‘nuclear’ filibuster war; GOP, Democrats ramp up to fight over debate limits”: This article appears today in USA Today.

The Times Argus reports today that “Leahy’s stance on filibuster challenged.”

The Knoxville News-Sentinel contains an editorial entitled “U.S. Senate doesn’t need to go nuclear.”

In The Los Angeles Times, columnist Jonathan Chait has an op-ed entitled “On Filibuster, Hypocrisy Rules.”

In The Washington Times, Wendy E. Long has an op-ed entitled “Filibuster myth-busters.”

In The Seattle Post-Intelligencer, columnist Joel Connelly has an essay entitled “Religious rightists using scary tactics to pad courts.”

And USA Today offers letters to the editor under the heading “Rhetoric about judges raises deep concerns.”

Posted at 7:05 AM by Howard Bashman



In today’s edition of The New York Sun: Luiza Ch. Savage has an article headlined “Buffalo Native Is Seen as a Confirmable Conservative” that begins:

If President Bush is looking for a potential Supreme Court nominee with conservative credentials who would inspire a minimum of fuss at a confirmation hearing, he may turn to Judge John Roberts Jr., say fans of the Buffalo native, who sits on the U.S Court of Appeals for the District of Columbia.

And in other news, Josh Gerstein reports that “Judge Approves $40M Settlement Against Abercrombie & Fitch Chain.”

Posted at 7:00 AM by Howard Bashman



“Griffith’s nomination to Court of Appeals advances; BYU counsel: But some Democrats are still questioning his law license credentials.” This article appears today in The Salt Lake Tribune.

The Deseret Morning News today contains an article headlined “BYU attorney bench bound? Democrats won’t filibuster controversial judicial nomination.”

And in USA Today, Joan Biskupic reports that “Prominent nominee has bipartisan support.”

Meanwhile, The Charlotte Observer reports today that “N.C. judicial nominees will move on to full Senate vote; Conrad, Dever bids had been blocked by then-Sen. Edwards.”

Posted at 6:40 AM by Howard Bashman



Thursday, April 14, 2005

On this date in “How Appealing” history: Two years ago today, on April 14, 2003, I had a post titled “Sealed for your protection” reporting on the Fourth Circuit‘s decision that day in the case captioned Under Seal v. Under Seal. I also had a rather amusing post titled “Strange cases call for strange measures” reporting on the Ninth Circuit‘s ruling that day in a case involving Area 51. The decision that I quoted in my post suggests that appellate judges should perhaps not watch History Channel documentaries about subjects closely related to pending cases.

Meanwhile, one year ago today, I had posts reporting that “Sex toys no longer for sale in Mississippi” and that “The Advisory Committee on Appellate Rules of the U.S. Courts approves proposed Federal Rule of Appellate Procedure 32.1, which would allow unpublished and non-precedential opinions to be cited to all U.S. Courts of Appeals.”

Posted at 11:40 PM by Howard Bashman



“Oregon Court Nullifies Gay Marriages”: This segment (RealPlayer required) appeared on this evening’s broadcast of NPR‘s “All Things Considered.”

This evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” had a segment (transcript with link to audio) on today’s ruling from Oregon.

The Los Angeles Times provides a news update headlined “Oregon Justices Void Gay Marriage Licenses.”

And The Salem Statesman Journal provides a news update headlined “Oregon Supreme Court denies gay marriage; Basic Rights Oregon to file new lawsuit.”

Posted at 11:25 PM by Howard Bashman



“Bench Pressed: A pair of high court justices offer advocates advice about the proliferation of amicus briefs.” law.com’s Tony Mauro provides this report.

Posted at 11:12 PM by Howard Bashman



“Harvard Reprimands Law Professor Over Book”: The AP reports here that “Harvard University reproached law professor Laurence H. Tribe for failing to properly credit another author’s work in a book published two decades ago.”

Posted at 9:14 PM by Howard Bashman



“What may be behind long nominee battles: In one theory, a stellar resume actually causes delay in Senate confirmation of judicial picks”: Warren Richey will have this article in Friday’s edition of The Christian Science Monitor.

The study in question — “The Judicial Confirmation Process: The Difficulty in Being Smart” — can be accessed at this link.

Posted at 8:40 PM by Howard Bashman



“Fight over abortion continues; Parental consent: Law passed but mired in court for eight years.” This article appears today in The Anchorage Daily News.

Posted at 4:30 PM by Howard Bashman