How Appealing



Friday, April 29, 2005

“Pryor vote pushed back once again”: The Mobile Register today contains an article that begins, “The Senate Judiciary Committee again delayed a vote Thursday on Mobile native Bill Pryor’s nomination for a federal appellate judgeship, but Chairman Arlen Specter, R-Pa., promised to make it the ‘number one item’ at the panel’s next business session, probably May 12.”

Posted at 6:20 AM by Howard Bashman



Thursday, April 28, 2005

“Will Rehnquist End 33-Year Career?” Hope Yen of The Associated Press has a report that begins, “The Supreme Court has heard its last argument of the session. Now the question is whether ailing Chief Justice William H. Rehnquist has heard the last argument of his 33-year career on the high court.”

Posted at 11:45 PM by Howard Bashman



It’s a boy! Warm congratulations to Dahlia Lithwick and her husband Aaron on the birth of their second son, who arrived at 3:48 this morning. The new arrival is incredibly cute, and — watch out young ladies — he’s got a head full of blond hair.

Posted at 11:32 PM by Howard Bashman



“It’s More than Judges: The filibuster-happy Democrats have a grand scheme.” Larry Kudlow has this essay today at National Review Online.

Posted at 11:23 PM by Howard Bashman



“GOP Offers Trade-Off on Filibusters; Reid Calls Proposal ‘Wet Kiss’ to Right”: The Washington Post on Friday will contain this article.

Posted at 11:20 PM by Howard Bashman



“Barnes’ move to city clears big hurdle; Court denies bid to keep art collection in Merion”: This article appears today in The Philadelphia Inquirer.

The Philadelphia Daily News reports today that “All systems go for Barnes move; Pa. Supreme Court sets aside appeal.”

The Philadelphia Business Journal reports that “Barnes wins legal ruling.”

The Associated Press reports that “Pa. Supreme Court tosses appeal over renowned art collection.”

The Chronicle of Philanthropy reports that “Pennsylvania’s Highest Court Allows Multibillion-Dollar Art Collection to Move.”

And The New York Times provides a newsbrief headlined “A Victory for the Barnes.”

You can access yesterday’s ruling of the Supreme Court of Pennsylvania at this link.

Posted at 11:14 PM by Howard Bashman



“Frist Offers Compromise on Judicial Posts”: This article will appear Friday in The New York Times.

The Washington Post provides a news update headlined “Frist Offers Deal for Vote on Judges.”

The Los Angeles Times provides a news update headlined “Democrats Reject Frist’s Filibuster Deal.”

Tom Curry, national affairs writer for MSNBC, reports that “Democrats nix filibuster proposal; But Senate Democratic leader hints at party abstaining from blocking tactics.” MSNBC also offers a report headlined “Bush: Judicial filibusters not attack on ‘faith’; He rejects theory of
conservative Christians
.”

United Press Internationaloffers a report headlined “Bush: Dems filibuster based on philosophy.”

Jesse J. Holland of The Associated Press reports that “Frist Won’t Budge on Filibuster Demands.”

Thomas Ferraro of Reuters reports that “Republican Leader Offers Compromise on Judges.”

This evening’s broadcast of NPR‘s “All Things Considered” contained segments entitled “Senate Republicans Offer Compromise on Judicial Filibusters” and “The Record on Judicial Nominations” (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.

The web site of Senate Majority Leader Bill Frist, M.D. (R-TN) contains a news release entitled “Frist Offers Proposal To End Judicial Nominations Impasse” that provides additional details (see here, here, and here) relating to the proposal.

Posted at 10:40 PM by Howard Bashman



Back home, for now: Until my next trip out-of-town, a blog-related speaking appearance tomorrow evening at Harvard Law School that will have me back on the road midday tomorrow.

Posted at 10:22 PM by Howard Bashman



“ACLU files petition on behalf of Wiccan witch”: The Richmond Times-Dispatch today contains an article that begins, “The American Civil Liberties Union of Virginia has filed a petition on behalf of Cynthia Simpson, a witch of the Wiccan faith, seeking to reverse a ruling that upheld Chesterfield County’s decision to bar her from giving the invocation at Board of Supervisors meetings.”

Posted at 7:25 AM by Howard Bashman



“U.S. lawsuit: Synagogue is bias victim; The U.S. Department of Justice has sued Hollywood, charging the city with discriminating against a synagogue.” This article appears today in The Miami Herald.

Posted at 7:08 AM by Howard Bashman



“Filibuster Vote Will Be Hard to Predict; Undecided Republicans Are Big Unknown”: The Washington Post contains this article today.

The Los Angeles Times reports that “Gore Criticizes Republicans on Filibuster Issue; Former vice president says senators trying to forbid the practice in judicial nominations are misusing religion and threatening democracy.”

The News Journal of Wilmington, Delaware reports that “Biden warns GOP on ‘nuclear option’; Effort to end filibusters on nominees goes too far, senator says.”

The Rapid City Journal reports that “Senators hope filibuster fight over judges will not derail highway bill.”

The Philadelphia Inquirer reports that “‘Nuclear’ fallout could turn against Democrats.”

The San Francisco Chronicle contains a front page article headlined “Congress sinks into partisan quagmire; Procedural battles take priority over health care, deficit.”

The Montgomery Advertiser reports that “Panel may debate Pryor nomination.”

The Daily Princetonian reports that “Frist protest continues for third day.”

The South Florida Sun-Sentinel reports that “Court of public opinion focuses on the filibuster; Protesters hope to preserve process for blocking judges.”

The Santa Fe New Mexican reports that “Santa Feans demonstrate against GOP filibuster ban.”

The Press-Enterprise of Riverside, California reports that “Rallies protest bid to halt filibusters.”

The Arizona Republic reports that “Preserving filibuster has support in Arizona.”

The Rocky Mountain News reports that “Courthouse protesters defend Senate Dems’ use of filibuster” and “Salazar regrets ‘Antichrist’ barb; Senator says he meant only to accuse Dobson of being ‘self-serving.’

The Gazette of Colorado Springs reports that “Salazar offers ‘regrets’ to Focus.”

The Contra Costa Times reports that “Walnut Creek rally protests GOP changes to filibuster rule.”

The Ventura County Star reports that “More than 30 show support for filibusters.”

The Roanoke Times reports that “Rally draws protesters downtown; ‘No filibuster means no democracy as far as we’re concerned,’ one woman said.”

The Brownsville Herald reports that “Protesters rally for stronger political voice.”

The Akron Beacon Journal reports that “Protest defends judicial filibuster; Akron rally, others across U.S. object to Bush’s court nominees.”

The Daily Local News of West Chester, Pennsylvania reports that “Democratic coalition holds rally.”

The Citizens Voice of Wilkes-Barre, Pennsylvania reports that “Local protest hits GOP plan to change voting rules.”

The Corvallis Gazette-Times reports that “Rally brings calls to save filibuster.”

The Daily Illini reports that “Local residents defend filibuster.”

The Daily Texan reports that “Protesters target nuclear option.”

The North Texas Daily reports that “Group protests Republican filibuster changes at Union.”

In commentary, The Montgomery Advertiser contains an editorial entitled “Numbers could alter filibuster argument.”

The New York Times contains an editorial entitled “Leading With the Women.”

The Boston Globe contains an editorial entitled “Frist principles.”

The Orlando Sentinel contains an editorial entitled “End stalemate: In the fight over Bush’s judicial nominees, both parties need to bend.”

The News-Leader of Springfield, Missouri contains an editorial entitled “Filibuster debate full of hypocrisy; Both parties find ways to derail radical judges.”

The Nashua Telegraph contains an editorial entitled “Drop attempt to end filibuster maneuvers.”

In The Charlotte Observer, U.S. Senator Elizabeth Dole (R-NC) has an op-ed entitled “Nominees deserve a vote: Filibuster prevents U.S. Senate from doing its constitutional duty.”

The Washington Times today contains op-eds by Thomas Sowell and Donald Lambro.

In The Rocky Mountain News, columnist Mike Littwin has an essay entitled “Salazar loses high ground in Dobson fight.”

Finally for now, at Townhall.com, Ross Mackenzie has an essay entitled “How long will the Senate tolerate the intolerable?

Posted at 6:34 AM by Howard Bashman



“Justices Question Andersen Conviction; Two Express Doubts About Law Applied In Enron-Related Case”: This article appears today in The Washington Post.

In USA Today, Joan Biskupic reports that “Supreme Court could reverse Andersen conviction; Timing, intent at issue in shredding of Enron papers.”

Jan Crawford Greenburg of The Chicago Tribune reports that “Justices’ queries tilt to Andersen; File destruction may not have been illegal.”

Michael McGough of The Pittsburgh Post-Gazette reports that “Justices skeptical of U.S. argument on accountants; Arthur Andersen conviction in doubt.”

Mary Flood of The Houston Chronicle reports that “Some justices are skeptical; Andersen case causes concern on high court.”

The Atlanta Journal-Constitution reports that “Justices question intent in Andersen appeal.”

And on yesterday evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer,” Jan Crawford Greenburg of The Chicago Tribune had this audio report (RealPlayer required).

Posted at 6:20 AM by Howard Bashman



Wednesday, April 27, 2005

“Ala. Ten Commandments Monument Finds Home”: The Associated Press reports here that “A 5,300-pound Ten Commandments monument that forced the chief justice of the state Supreme Court out of office will be put on display at his church.”

Posted at 11:35 PM by Howard Bashman



“Pot Laws Pain Some Elders; Senior citizens who rely on medical marijuana to cope with ailments wonder why the federal government wants to just say no to them”: This front page article will appear Thursday in The Los Angeles Times.

Posted at 11:25 PM by Howard Bashman



“Right to ramble splits US Senate”: BBC News provides this report.

The Washington Times contains articles headlined “Frist stands firm on up-down vote” and “Judicial battle seen as attack on faith.”

The Pittsburgh Post-Gazette reports that “Judicial nominees still divide Senate; Democrats’ offer doesn’t budge Frist.”

The Daily Princetonian reports that “Students protest Frist at Frist.”

The Portland Press Herald reports that “Collins gets heat over filibuster vote.”

FOXNews.com reports that “Filibuster Fight Extends Beyond Senate.”

The Scripps Howard News Service provides a report headlined “Gore: ‘Poison pill’ for democracy in filibuster fight.”

The Times-Picayune reports that “GOP turns down deal on judicial nominees; Filibuster rule change gaining momentum.”

The Las Vegas Review-Journal reports that “Reid reaches for compromise on judicial filibuster; But Frist demands votes on all nominees.”

The Montgomery Advertiser reports that “Sessions takes stand for judicial nominee.”

The Rocky Mountain News reports that “Colorado senators split on filibuster; Salazar supports current rule; Allard calls for change.”

The Denver Post reports that “Dobson seen as driven, divisive; As respect rises, worries surface; The evangelical leader’s resounding plunge into politics has stirred both Democrats and the GOP.”

The Orange County Register yesterday contained an article headlined “Long-winded lawmakers.”

In commentary, The Birmingham News today contains an editorial entitled “Nothing sacred about filibuster.”

The Mobile Register contains an editorial entitled “Democrats search mud to try to slime Pryor.”

The Dallas Morning News contains an editorial entitled “Filibuster Wars: Democrats and GOP must avert a showdown.”

The Rochester Democrat and Chronicle contains an editorial entitled “Courting disaster: The public should get a Senate deal on judicial nominees.”

The Winston-Salem Journal contains an editorial entitled “Going ‘Nuclear.’

The Denver Post contains an editorial entitled “Senate showdown no need to go nuclear: Sen. Ken Salazar is abandoning his campaign-year position on judicial nominees as Republican leaders weigh effort to change Senate rules.”

In The Dallas Morning News, Carl Leubsdorf has an essay entitled “Moving Target: Democrats and Republicans have switched sides over time on filibusters and Senate rules; But what’s really on the line here is the Constitution’s checks on presidential power.”

Online at OpinionJournal, Pete du Pont has an essay entitled “Sen. Strangelove: Or How Democrats stopped winning and learned to love the filibuster.”

In The Los Angeles Times, Jack Miles has an op-ed entitled “The Unholy Alliance Against the Filibuster.”

Columnist Molly Ivins has an essay entitled “By any name, the nuclear option stinks.”

In The San Antonio Express-News, Cary Clack has an op-ed entitled “Holier-than-thou attitude has no place in judicial filibuster debate.”

In The Providence Journal, Jackson Barlow has an essay entitled “The filibuster — Republicans aping the dread Europeans.”

In The Los Angeles Daily News, Gary Galles has an op-ed entitled “Judicial critics opposing Constitution supporter.”

In The Pasadena Star-News, Gerald Plessner has an op-ed entitled “Right-wing vision of America anything but ‘conservative.’

In The Washington Times, Cal Thomas has an op-ed entitled “A time for choosing II.”

Ann Coulter has an essay entitled “Drag liberals into the light.”

And today’s broadcast of The Rush Limbaugh Show contained judicial filibuster segments entitled “Democrats Line Up to Praise Dingy Harry’s Utter Failure on Filibustering Judges” and “Durbin Puts Rush in Congressional Record — Again.”

Posted at 10:44 PM by Howard Bashman



Today’s U.S. Supreme Court opinions in argued cases: The Court today issued two opinions in argued cases.

1. Justice John Paul Stevens delivered the opinion of the Court in Bates v. Dow Agrosciences LLC, No. 03-388. You can access the oral argument transcript here.

2. Chief Justice William H. Rehnquist delivered the opinion of the Court in Pace v. DiGuglielmo, No. 03-9627, a decision on which the Court divided by a 5-4 margin along traditional lines. You can access the oral argument transcript here.

In news coverage, David G. Savage of The Los Angeles Times has a news update headlined “High Court Rules Farmers Can Sue Pesticide Makers.” Tony Mauro of law.com has an article headlined “Reversing 5th Circuit, High Court Rules Against Pesticide Makers.” Hope Yen of The Associated Press has a report headlined “Court: Farmers Can Sue Pesticide Makers.” And at “SCOTUSblog,” Lyle Denniston has a post titled “Wide opening for pesticide damage claims.”

Posted at 10:00 PM by Howard Bashman



“Justices Dubious of U.S. Case on Andersen”: Linda Greenhouse will have this article Thursday in The New York Times.

Charles Lane of The Washington Post provides a news update headlined “Justices Wary of Accounting Firm’s Enron Conviction.”

Stephen Henderson of Knight Ridder Newspapers reports that “U.S. defends case against accounting firm officials before high court.”

Tony Mauro of law.com reports that “Justices Skeptical of DOJ’s Claims About Andersen Document Retention.”

The Associated Press reports that “High Court Probes Arthur Anderson Trial.”

Reuters reports that “U.S. Supreme Court judges question Andersen verdict.”

Michael Kirkland, UPI legal affairs correspondent, reports that “Court may rule for Andersen.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “A victory for Andersen?

Posted at 9:50 PM by Howard Bashman



Video available online from C-SPAN: Today’s broadcast of “Washington Journal” contained segments described as “Senator Orrin Hatch (R-UT), Judiciary Committee Member, discusses the Judicial nominations” and “Senator Patrick Leahy (D-VT), Judiciary Committee Ranking Member, discusses Judicial nominations.”

And from Monday, “The Center for American Progress hosts a panel discussion on the Senate Republican leadership’s possible plan to change the filibuster rules for judicial nominations.”

RealPlayer is required to launch these video segments.

Posted at 9:40 PM by Howard Bashman



“The veep is heading to disclosed location”: Thursday’s edition of The Hill will contain an article that begins, “If and when Republicans take the historic step of ending the Democratic filibuster of judicial nominees, the most visible figure in the parliamentary maneuver will not be a senator. Rather, Vice President Dick Cheney — who has the constitutional role of presiding over the Senate — almost certainly will oversee any deployment of the so-called ‘nuclear option’ on judges.”

Posted at 9:25 PM by Howard Bashman



Available online from National Public Radio: Today’s broadcast of “Talk of the Nation” contained a segment entitled “The Senate and Filibuster Changes.”

On this evening’s broadcast of “All Things Considered,” Nina Totenberg had a report entitled “Supreme Court Reviews Accounting Firm’s Enron Conviction.”

And on today’s broadcast of “Morning Edition,” Totenberg had a report entitled “High Court Reviews Arthur Andersen’s Enron Conviction.” The program also contained a segment entitled “House Vote Set on Abortion-Notification Measure.”

RealPlayer is required to launch these audio segments.

Posted at 9:15 PM by Howard Bashman



Programming note: My day job will have me on the road in Columbia, South Carolina today and tomorrow. New posts will appear online later today.

Posted at 6:20 AM by Howard Bashman



“Republicans Reject Democrats’ Offer to Settle Judicial Dispute; The deal would allow votes on three nominees; But the GOP says it’s focusing on future picks”: The Los Angeles Times contains this article today.

And in today’s edition of The New York Times, Bob Dole has an op-ed entitled “Up, Down or Out.”

Posted at 5:55 AM by Howard Bashman