“Federal appeals courts increasingly the final stop in legal battles”: Stephen Henderson of Knight Ridder Newspapers provides this report.
A longer version of this article published online by regional Knight Ridder affilliates (see here, for example) contains a glaring error, attributing to Fourth Circuit nominee Terrence W. Boyle the Eleventh Circuit‘s ruling in the Florida homosexual adoption case, when in fact Judge Boyle had nothing to do with the case. [Update: The error is now corrected (for the most part)!]
The Associated Press is reporting: An article now available online is headlined “Reid: Deal Could Bring Bipartisanship.”
And Jesse J. Holland reports that “Senate Panel OKs Bill on Asbestos Suits.”
“Slate’s Jurisprudence: Torture and ‘War on Terror.'” This segment (RealPlayer required) featuring Emily Bazelon appeared on today’s broadcast of NPR‘s “Day to Day.”
“Two Bush Nominees Get Panel’s Quick OK”: Jesse J. Holland of The Associated Press has an article that begins, “Two of President Bush’s blocked judicial nominees who were cleared for confirmation by this week’s Senate compromise on filibusters got quick approval Thursday by the Senate Judiciary Committee. The nominations of Richard Griffin and David McKeague for the 6th U.S. Circuit Court of Appeals in Cincinnati were approved by voice vote in the committee without debate.”
The article also reports that “Votes on North Carolina judge Terrence Boyle and White House staff secretary Brett Kavanaugh, who also want lifetime seats on the U.S. Appeals Court, were delayed by the committee.”
“Bonds ball co-owner loses his court case”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “One of the fans who split the proceeds from Barry Bonds’ record-setting 73rd home run ball has whiffed in an attempt to keep the money away from his former lawyer.”
“What Is Torture? An interactive primer on American interrogation.” Slate has just posted online this “interactive primer” by Emily Bazelon, Phillip Carter, and Dahlia Lithwick.
“Don’t let judges serve for life”: Columnist Jeff Jacoby has this op-ed today in The Boston Globe.
“Defining parent is at heart of case; Justices hear arguments of six women seeking to claim or renounce kids from lesbian unions”: Claire Cooper, legal affairs writer for The Sacramento Bee, had this article yesterday in that newspaper.
This July, San Diego voters will select a new mayor and decide the fate of the Mt. Soledad Cross: The San Diego Union-Tribune last week published an article headlined “City will let voters decide fate of Mount Soledad cross” (headline amended by me to correct typo).
“Asbestos bill seen clearing Senate panel soon”: Reuters provides this report.
“Senate confirms Owen; Landrieu one of two Demos to vote yes”: This article appears today in The Times-Picayune.
In USA Today, Joan Biskupic reports that “Owen to join court tough on death penalty; 5th Circuit doesn’t stand apart on other issues.”
The Ithaca Journal reports that “Schumer says ideology still will matter with court nominees.”
The Washington Post today contains a front page news analysis headlined “GOP Tilting Balance Of Power to the Right.”
The Washington Times today contains articles headlined “Senate confirms Owen to federal appeals bench“; “Group of 14 sees role as temporary“; and “Bush makes most of Senate deal.”
Yesterday’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a lengthy segment entitled “Senate Confirms Owen
to Federal Appeals Court” (transcript with link to audio).
Knight Ridder Newspapers provide articles headlined “Republican Party shows cracks after moderates’ show of force” and “Congressional setbacks, low ratings could limit Bush’s effectiveness.”
The University at Buffalo Reporter contains an article headlined “Judicial nominations will continue to be intense battleground, UB expert says.”
In commentary, The Mobile Register today contains an editorial entitled “Senate’s agreement is shameful and unfair.”
The Capital Times of Madison, Wisconsin contains an editorial entitled “Giving in to blackmail.”
The Sun News of Myrtle Beach, South Carolina contains an editorial entitled “Reclaiming the Center: Graham shines in helping avert judicial filibuster crisis.”
The New Republic has posted online an editorial entitled “Moderate Excess: Why the filibuster deal is a sham.”
The Times Argus of Barre, Vermont contains an editorial entitled “The moderate 14.”
The Bradenton Herald contains an editorial entitled “Profile in courage: ‘Fearless Fourteen’ kept Senate from imploding.”
The Sarasota Herald-Tribune contains an editorial entitled “A temporary reprieve: Compromise preserves filibuster rule, but for how long?”
The Santa Cruz Sentinel contains an editorial entitled “The mainstream press likes the recent Senate compromise; But other commentators feel the opposite.”
At Salon.com, Sidney Blumenthal has an essay entitled “Bush the despot: The Senate’s compromise on the filibuster won’t stop the president’s quest for absolute power.”
In The Whittier Daily News, Cokie Roberts and Steven V. Roberts have an op-ed entitled “Compromise shouldn’t be considered a dirty word in politics.”
Online at The Weekly Standard, Hugh Hewitt has an essay entitled “Non-Nuclear Fallout — Winners, losers, and more: The aftermath of a sell-out.”
The Washington Times contains an op-ed by Donald Lambro entitled “Not just about filibusters” and an op-ed by David Limbaugh entitled “Compromise or cop-out?”
In The Oregonian, columnist David Reinhard has an op-ed entitled “Such a deal! Here come da judges.”
In The San Francisco Chronicle, columnist Debra J. Saunders has an essay entitled “Gang of 14, plus 86 midgets.”
In The Rocky Mountain News, Vincent Carroll has an essay entitled “Brown the barometer.”
In The Arkansas Democrat-Gazette, Bradley R. Gitz has an op-ed entitled “A deal to be broken.”
In The Washington Examiner, Kathy Cacace has an op-ed entitled “Britney can show senators how to be more filibust-y.”
“Unbecoming Justice Blackmun: Linda Greenhouse’s book reveals a justice who cared more about politics than about women’s rights.” Slate’s William Saletan has this review of Linda Greenhouse’s new book, “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey,” in the current issue of Legal Affairs magazine.
Fuzzy image equals fuzzy logic? A few days ago, I noted here that “SCOTUSblog” had posted online an admittedly blurry PDF of Law Professor Laurence H. Tribe‘s letters explaining his decision not to proceed with Volume II of his treatise, “American Constitutional Law.”
The Green Bag has now posted online a much larger PDF file containing a less blurry image of Professor Tribe’s letters. Upon learning of Professor Tribe’s decision last week, I decided to try my hand at drafting the second volume of that treatise, and I’m pleased to report that the effort is already quite close to completion. Upon completion, I will be distributing that volume in a method similar to The Green Bag’s method for distributing the Justice Antonin Scalia bobblehead doll.
The Senate Judiciary Committee is holding an executive business meeting this morning: The quite extensive agenda can be viewed at this link.
In re Green Bag Justice Antonin Scalia Bobblehead Doll Mass Tort Litigation: To the anticipated outrage of many, merely subscribing to The Green Bag no longer suffices to obtain a Justice Scalia bobblehead doll, as explained here. I guess this will push eBay auction prices for the doll through the roof.
P.S. Nevertheless, you must applaud The Green Bag’s sense of irony in making the Scalia bobblehead the most fragile doll of the series thus far.
“Judge’s Ethics Questioned”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “The federal judge who threatened the law license of serial killer Michael Ross’ attorney filed a court document in Ross’ case before the state Supreme Court in 1992 while still practicing as a lawyer.”
Criminal defendants and their actual but unreasonable beliefs that self-defense or the use of deadly force in defense of another is necessary: At 1 p.m. eastern time today, the Supreme Court of California is scheduled to issue two interesting decisions in cases presenting the issues described here.
“For a New Judge, Self-Reliance in Her Life and in the Law”: Today in The New York Times, David D. Kirkpatrick has an article that begins, “When the Senate asked Justice Priscilla R. Owen for the most significant opinions she had written on the Texas Supreme Court, she provided a list with a distinctive theme: tough.”
In The Washington Post today, columnist George F. Will has an op-ed entitled “‘Extraordinary’ Rhetoric.”
And today in The Los Angeles Times, Margaret Carlson has an op-ed entitled “Sparring for ’08 in the Filibuster Fight.”
“Owen wins OK after 4-year battle; In a tenuous truce, the Senate confirms the Texas judge to the federal bench”: This article appears today in The Houston Chronicle.
The Fort Worth Star-Telegram reports today that “Priscilla Owen wins fight for confirmation.”
The Austin American-Statesman reports that “Senate approves Owen for federal court; Opening on Texas Supreme Court is opportunity for Perry.”
And The San Antonio Express-News reports that “Texas judge’s ‘long road’ finally ends.”
“Judge: Parents can’t teach pagan beliefs; Father appeals order in divorce decree that prevents couple from exposing son to Wicca.” The Indianapolis Star contains this article today.
“Senate Backs First of Judicial Nominees Promised a Vote”: This article will appear Thursday in The New York Times.
Thursday’s edition of The Washington Post will report that “Priscilla Owen Confirmed as Federal Judge; Senate’s 55-43 Vote to Approve Ends Four-Year Nomination Battle.”
Thursday’s edition of The Los Angeles Times will report that “Senate Confirms Owen for Federal Appellate Bench.”
And The Dallas Morning News on Thursday will report that “Divided Senate confirms Owen; Resentment, criticism linger as vote mostly follows party lines.”
“Gov. Bush OKs Fla. Abortion Disclosure”: The Associated Press reports here that “Gov. Jeb Bush signed a bill Wednesday that requires physicians to tell Florida parents when a minor daughter seeks an abortion.”
“Judge failed to disclose complaints; A Broward judge, now in the spotlight after sending a prospective juror to jail, did not disclose two discrimination complaints filed against her when she applied for the bench”: This article appears today in The Miami Herald.
“Justices Peer Into ‘Parent’ Trap; Gays may gain rights with trio of lesbian mom cases”: Jeff Chorney has this article today in The Recorder of San Francisco, California.
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Senate Confirms Owen as Appeals Court Judge” and “It’s Pronounced Owen: One Person, Singular.”
And today’s broadcast of “Talk of the Nation” contained a segment entitled “Court to Hear Abortion Notification Case.”
RealPlayer is required to launch these audio segments.
Courtesy of U.S. Senator Ted Stevens (R-AK), Priscilla R. Owen‘s margin of confirmation to serve on the U.S. Court of Appeals for the Fifth Circuit is reduced by a single vote: As The Associated Press reports here:
Voting “present” was one Republican, Ted Stevens of Alaska. Stevens, a supporter of Owen, originally voted yes, but was permitted to change his vote to present after the vote was concluded and the Senate had moved to another issue. He said his intent was to “pair” his vote with Sen. Daniel Inouye, D-Hawaii, who opposed Owen but wasn’t in attendance for the vote.
Thus, Justice Owen’s original margin of confirmation was 56-43, as I earlier noted here and here, but thereafter the margin of confirmation has become 55-43. She better hurry up and get sworn in to office before six additional Senators who voted to confirm change their votes.
First Circuit postpones deciding whether two Puerto Rico statutes — one requiring the use of Puerto Rican cement in publicly funded construction projects and the other requiring special labels for cement manufactured elsewhere — violate the dormant Foreign Commerce Clause of the U.S. Constitution: You can access today’s ruling of the U.S. Court of Appeals for the First Circuit, sending the case back to the trial court for additional proceedings, at this link.
“Forfeiting Principle: And with it, so much more.” Law Professor Douglas W. Kmiec has this judicial filibuster-related essay at National Review Online.
Access online the order that Eleventh Circuit Judge William H. Pryor, Jr. entered denying former Alabama Chief Justice Roy S. Moore’s request to file an amicus brief in the Cobb County, Georgia evolution textbook disclaimer appeal: The order can be accessed online at this link. My earlier post on this matter, from last night, can be accessed here.
“Senate Confirms Owen as Federal Appellate Judge”: The Los Angeles Times provides this news update.
The Providence (R.I.) Journal reports that “Chafee votes against Owen’s confirmation.”
The Fort Worth Star-Telegram provides a news update headlined “Owen confirmed by Senate.”
Financial Times provides a news update headlined “Senate confirms Owen to appeals court.”
Bloomberg News reports that “U.S. Senate Confirms Owen as Federal Appellate Judge.”
BBC News reports that “US Senate confirms blocked judge; The US Senate has confirmed Texan Priscilla Owen as a federal judge, ending four years of wrangling over the controversial judicial nomination.”
And you can access online press releases entitled “Neas Decries Owen Confirmation; Texas Judge favors Corporate Interests, imposes Right-Wing Ideology” and “ACLJ Pleased Senate Confirms Priscilla Owen for Federal Appeals Court.”
“Republican centrists dominate — for 48 hours at least; In votes on stem cell research and filibusters, GOP members clash with Bush”: Tom Curry, national affairs writer for MSNBC, provides this report.
The official roll call tally on Priscilla R. Owen‘s confirmation vote is now available online: You can access the roll call tally at this link. Two Democrats joined 54 Republicans in voting for confirmation. One Republican and one Independent joined 41 Democrats in voting against confirmation. And one Democrat did not vote. If my memory is correct, Justice Owen qualifies as the first nominee of President George W. Bush to the U.S. Courts of Appeals to receive a “no” vote from a Republican Senator. Thus, she was both supported and opposed in the U.S. Senate on a bipartisan basis.
Update: My memory is not correct. A reporter for a major media organization emails to point out that Senator Trent Lott (R-MS) voted against Fourth Circuit nominee Roger L. Gregory, whom President George W. Bush had renominated on the same date that Justice Owen was originally nominated for the Fifth Circuit. You can access the roll call vote on Judge Gregory’s confirmation here. Of course, Judge Gregory was originally a nominee of President Bill Clinton, but George W. Bush did renominate Judge Gregory (who was then a recess appointee serving on the Fourth Circuit). So there you have it — not exactly man bites dog, but mainstream media corrects blog.
“Priscilla Owen Confirmed As Federal Judge”: The Associated Press provides this report.
Why wait for the official results of the vote? Reuters is already reporting, as of 12:24 p.m., that “Senate confirms long-stalled judicial nominee.”
The appointed hour for an up-or-down vote in the U.S. Senate on the nomination of Priscilla R. Owen to serve on the U.S. Court of Appeals for the Fifth Circuit has arrived: Stay tuned for the results of the vote.
Update at 12:41 p.m.: The Senate, by a vote of 56-43, has confirmed Priscilla R. Owen to the Fifth Circuit. For what it’s worth, Fourth Circuit Judge Dennis W. Shedd retains the distinction of being the George W. Bush appellate court nominee confirmed with the least amount of support thus far.
Second update: A number of readers have emailed to note that Sixth Circuit Judge Jeffrey S. Sutton received only 52 votes in favor of his nomination, whereas Judge Shedd received 55 votes for confirmation. But Judge Sutton also received only 41 votes against, whereas Judge Shedd received 44 “no” votes. The roll call tally for Judge Sutton is available here, and I have linked in the earlier update, in the paragraph immediately above, to the tally for Judge Shedd. The numbers give Judge Sutton a tiny fraction more support than Judge Shedd received, at least on a percentage basis of those voting, by which I mean that 52 divided by 93 produces a greater result than 55 divided by 99.
