How Appealing



Friday, May 13, 2005

“Internet Porn Case Solved Through New Tracking”: Saturday’s edition of The Los Angeles Times will contain an article that begins, “A young girl who was the subject of a series of sexually explicit photos taken at a Disney World hotel and other places has been found and is safe, investigators in Florida said Friday.”

Posted at 10:50 PM by Howard Bashman



Blogger Ernest Miller argues that Michigan appellate court’s decision involving a joke-telling penis represents “a serious attack on the First Amendment”: You can access his post here, at Corante’s “The Importance of…” blog.

As regular readers may recall, I have long predicted that important First Amendment rights would end not with a bang, but with a joke-telling penis.

Posted at 10:40 PM by Howard Bashman



Available online from the Knight Ridder Newspapers: James Kuhnhenn reports that “Parties battle over judicial nominees with one eye toward elections.”

And an article headlined “Bush’s domestic policy adviser weathers criticism from other blacks” begins, “Claude A. Allen recalls the joy and pain of telling his mother about his decision to work for a North Carolina congressional candidate.” In his first term, President Bush nominated Allen to fill a vacancy on the U.S. Court of Appeals for the Fourth Circuit, but that nomination was not on a path toward prompt U.S. Senate confirmation, perhaps explaining why Allen opted for his current post over being renominated to the Fourth Circuit.

Posted at 8:54 PM by Howard Bashman



“Consent is no defense in ball-bat abortion; Judge: Girl too young to allow beatings to end her pregnancy.” The Detroit Free Press today contains an article that begins, “It doesn’t matter that an Armada Township teen wanted to be beaten with a miniature baseball bat to end her pregnancy — her boyfriend must still stand trial, a Macomb County judge said.”

And The Macomb Daily today contains an article headlined “Teen to be tried in abortion-by-bat case; Judge: Irrelevant that girl consented to beatings.”

Posted at 4:50 PM by Howard Bashman



Police finger source of missing finger, who conveniently happens to be missing a finger: The San Jose Mercury News provides an update headlined “Wendy’s finger belongs to friend of suspect’s husband; ‘The jig is up,’ San Jose Police Chief Says.”

The San Francisco Chronicle provides a news update headlined “Chili finger linked to acquaintance of Ayala’s husband.”

And The Los Angeles Times provides a news update headlined “Wendy’s Chili Finger Linked to Industrial Accident Victim; Man was associate of husband of woman who claimed she found it in Wendy’s food.”

I’ll leave it up to the tort experts in my audience to debate whether Wendy’s might be able to obtain as damages for the finger incident the cost of its “Free Frosty Weekend!” promotion now underway.

Posted at 4:24 PM by Howard Bashman



“Could be last supper before ‘nuclear option’; Senate leaders to break bread on Sunday”: The Hill today provides this report.

Posted at 4:02 PM by Howard Bashman



“Marriage ruling sets stage for Senate debate; Federal judge strikes down Nebraska constitutional ban on same-sex marriage, as senators gird for battle”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 3:28 PM by Howard Bashman



“Senate Judicial Fight Heads for Showdown”: The Associated Press reports here that “Setting the stage for a long-anticipated showdown, Senate Majority Leader Bill Frist announced Friday he will seek confirmation next week for two of President Bush’s conservative judicial nominees blocked by Democrats.”

According to the article, “The statement said the focus will be on Priscilla Owen, nominated to serve as a judge for the 5th Circuit Court of Appeals, and Janice Rogers Brown, to serve on the U.S. Circuit Court of Appeals for the District of Columbia.”

The complete statement issued by Senate Majority Leader Bill Frist, M.D. (R-TN) can be accessed here.

Posted at 3:21 PM by Howard Bashman



All others pay cash: A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today affirmed the dismissal of a federal court lawsuit asserting that the Board of Commissioners of Davidson County, North Carolina violated the establishment clause of the First Amendment when it authorized the phrase “In God We Trust” to be inscribed on the facade of the Davidson County Government Center. You can access today’s ruling at this link.

In earlier news coverage of this matter, The Winston-Salem Journal in September 2003 published an article headlined “Lawsuit cites objections to size of sign; ‘In God We Trust’ is bigger than Davidson building’s name, it says.” And The Associated Press has previously reported “N.C. county will fight ‘In God We Trust’ lawsuit” and “Federal judge dismisses challenge to national motto display.”

Posted at 3:00 PM by Howard Bashman



In re Sixth Circuit nominee Henry W. Saad‘s FBI report: Yesterday’s mention on the floor of the U.S. Senate by Democratic Leader Harry Reid (D-NV) was not the first time this issue was noted in public.

Rather, the FBI report also figured in news coverage from June 4, 2004, which I first linked to here on that date. The Detroit News reported that “Vote on Michigan appeals court nominee delayed; Levin, Stabenow raise questions about Saad’s fitness.”

And in the June 4, 2004 issue of The Washington Times, Charles Hurt had an article headlined “Michigan judicial pick held up for 20th time” in which he reported:

From the moment Mr. Hatch began the meeting, he struggled to get the quorum required to vote on a nominee. As soon as a quorum gathered, Sen. Patrick J. Leahy, Vermont Democrat, requested a private meeting to discuss accusations stemming from Judge Saad’s FBI background check.

Though several Republicans noted privately that the routine check had been completed more than six months ago and that no questions had arisen, Mr. Hatch acquiesced and removed the public and reporters to hold a meeting. During that meeting, Judge Saad’s hopes of getting out of committee faded.

Although the closed-door meeting succeeded in delaying Judge Saad’s nomination one more week, it failed to remain secret. The hearing was broadcast over the Internet because of apparent inadvertence on the part of Republican staffers.

In today’s issue of The Washington Times, Hurt recounts some of that background in his article headlined “Reid cites FBI file on judicial pick.”

Posted at 2:44 PM by Howard Bashman



“Sen. Arlen Specter stuck in the middle: ‘Today’ host Katie Couric talks with the Republican moderate about relations between the parties and his cancer prognosis.” MSNBC makes available online the transcript (containing a link to video) of a segment from today’s broadcast of the “Today” show.

Posted at 12:20 PM by Howard Bashman



“Disbarment urged for 3 in scheme; Lawyers said to conspire to discredit judge”: The Boston Globe today contains a front page article that begins, “Three well-known lawyers accused of orchestrating an elaborate scheme to discredit a former Superior Court judge ‘brought shame and disrepute’ to the legal community and should be disbarred, a hearing officer for the state recommended yesterday, in one of Massachusetts’ most closely watched attorney discipline cases ever.”

The Boston Globe today also contains a related article headlined “Recommendation shocking to some in Boston legal circles” and this graphic containing the lawyers’ photographs and a summary of their backgrounds.

You can access a copy of the Special Hearing Officer’s Hearing Report that the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court issued earlier this week at this link.

Posted at 11:40 AM by Howard Bashman



“Harry Reid Steps Over the Line — Again; The GOP calls his description of a Bush nominee ‘deeply unethical'”: Byron York has this essay today at National Review Online. The statement in question can be viewed in the Congressional Record from yesterday at this link, in the center column, second paragraph from the top of the page.

Posted at 10:05 AM by Howard Bashman



“High court to handle Williams challenge; The state Supreme Court takes away from the Superior Court a lawyer’s legal challenge to the chief justice’s ability to hold office”: The Providence (R.I.) Journal today contains an article that begins, “The state Supreme Court yesterday took control over the lawsuit that claims Frank J. Williams is no longer the high court’s chief justice. On Wednesday, three Superior Court judges ruled that Providence lawyer Keven A. McKenna had legal standing to proceed with the suit. But 25 hours later, the Supreme Court called a halt to all Superior Court proceedings, saying it has jurisdiction over petitions challenging someone’s right to hold a public office.”

Posted at 8:54 AM by Howard Bashman



Available today from National Review Online: Andrew C. McCarthy has an essay entitled “Confessing Error: Filibusters of presidential appointees violate the Constitution.”

Texas Attorney General Greg Abbott has an essay entitled “Democratic Demagoguery: The dishonest attack on Priscilla Owen.”

Rich Lowry has an essay entitled “Go Nuclear: There’s no tradition stopping Republicans.”

And Stanley Kurtz has an essay entitled “Courting FMA: A ruling in Nebraska demonstrates the need for a federal marriage amendment.”

Posted at 8:50 AM by Howard Bashman



“Judge lacked ‘good morals,’ state panel finds”: The Detroit Free Press today contains an article that begins, “A controversial judge acted irresponsibly and immorally when she accused a colleague of covering up a murder, according to a scathing report issued late Wednesday.”

And The Detroit News reports today that “Panel takes action against jurist; Clarkston judge implied peer helped husband cover up woman’s 1989 death.”

You can access at this link a copy of the complaint that Michigan’s Judicial Tenure Commission issued earlier this week.

Posted at 8:42 AM by Howard Bashman



“Judgeship Confirmation Line Grows; A panel’s party-line vote adds a fifth nominee to a list of jurists awaiting Senate approval; One of them will likely trigger a filibuster showdown”: This article appears today in The Los Angeles Times.

The Montgomery Advertiser reports today that “Pryor in for Senate battle.”

The Birmingham News reports that “Panel OKs Pryor for seat.”

The Mobile Register reports that “Pryor braces for 2nd battle; Judiciary committee sends Mobile native’s nomination back to the full Senate for possible ‘nuclear’ showdown.”

The News & Observer of Raleigh, North Carolina contains an article headlined “Judge Boyle gets oh, so close, but…

The Washington Times reports that “Reid cites FBI file on judicial pick.”

The Philadelphia Inquirer reports that “Specter urges majority leader to avert a filibuster showdown.”

The Lincoln (Neb.) Journal Star reports that “Nelson tries to broker judicial compromise.”

The Detroit Free Press reports that “Michigan Republicans urge deal on judges; But GOP won’t back down on vote.”

The Daily Princetonian reports that “Frist filibuster packs up, moves to Washington, D.C.

In commentary, The Philadelphia Inquirer contains an editorial entitled “The Filibuster Vote: A roll call of hypocrisy.”

The Providence (R.I.) Journal contains an editorial entitled “No nukes, please.”

The Washington Times contains an editorial entitled “Spinning the Fortas filibuster” and an op-ed by R. Emmett Tyrrell Jr. entitled “Judgeship jousting.”

In The Washington Post, columnist Charles Krauthammer has an op-ed entitled “Nuclear? No, Restoration,” while columnist Richard Cohen has an op-ed entitled “Mr. Smith’s Lost Cause.”

In The Amarillo Globe, columnist William H. Seewald has an op-ed entitled “Republican assault on judiciary is ceaseless.”

UPI provides an essay by David Cohen entitled “Save the filibuster.”

And at Human Events Online, C. Boyden Gray has an essay entitled “Bust Judicial Filibusters: Four Democratic Myths About Confirming Judges.”

Posted at 7:00 AM by Howard Bashman



“Connecticut Carries Out Its First Execution in 45 Years”: The New York Times offers this news update.

Lynne Tuohy of The Hartford Courant has a news update headlined “Execution Concludes Decades Of Legal Limbo For Families.”

The Day of New London, Connecticut contains articles headlined “Ross Executed; Ordeal Ends For Families Of Eight Young Women” and “For Victim’s Brother, A Sense Of Relief.”

The Boston Globe reports that “Conn. executes killer; first in N.E. since 1960.”

And CNN.com reports that “Connecticut serial killer put to death; Ross is first to be executed in New England in 45 years.”

Posted at 6:40 AM by Howard Bashman