How Appealing



Sunday, May 22, 2005

“The Choirboy: As head boy at a legendary choir school, Lawrence Lessig was repeatedly molested by the charismatic choir director, part of a horrific pattern of child abuse there; Now, as one of America’s most famous lawyers, he’s put his own past on trial to make sure such a thing never happens again.” This lengthy article will be the cover story of the May 30, 2005 issue of New York magazine.

I previously noted Professor Lessig‘s oral argument before the Supreme Court of New Jersey in a post you can access here.

Posted at 4:40 PM by Howard Bashman



“Next church-state dispute: ‘In God We Trust’; A case challenging a display of the national motto is one of many battles over religious references in public places.” Warren Richey will have this article Monday in The Christian Science Monitor.

Posted at 4:33 PM by Howard Bashman



“Time running out for possible deal on Bush judges”: Thomas Ferraro of Reuters provides this report.

The Associated Press provides a report headlined “McCain: Filibuster Showdown Can Be Averted.”

Bloomberg News reports that “McCain Says Senate Has ‘Last Opportunity’ to Avert Showdown.”

Monday’s issue of Financial Times will contain articles headlined “Senate limbers up for battle over filibuster” and “Prospects of Senate showdown intensify.”

And The Orange County Register today contains an editorial entitled “Judgment day.”

Posted at 3:30 PM by Howard Bashman



“AG’s office can represent Chief Justice Williams; The order is among eight issued by the state Supreme Court in advance of Tuesday’s oral arguments in the suit that claims Frank J. Williams is no longer chief justice”: The Providence (R.I.) Journal contains this article today.

Posted at 11:10 AM by Howard Bashman



“Bush Keeps Role in Senate Fray Out of Sight, Not Out of Mind; Publicly, the president remains an onlooker in the battle over his judicial nominees; But his strategy behind the scenes is another story”: This article appears today in The Los Angeles Times.

The St. Petersburg Times today contains an article headlined “Bush’s 2 nominees are many things to many people; Priscilla Owen and Janice Rogers Brown are brilliant and inspiring jurists…or out-of-touch right-wingers.”

The May 30, 2005 issue of Newsweek magazine will contain an article headlined “In the Eye Of the Storm: Texas Supreme Court Justice Priscilla Owen is an unlikely protagonist in the Senate’s toxic showdown over judges.”

The Washington Times today contains an article headlined “Judge’s past belies present criticisms.”

The San Francisco Chronicle contains a front page article headlined “Shaping the judiciary.”

The Chicago Tribune reports that “Hitler, Darth Vader invade Senate in bitter fight on judges.”

In The Philadelphia Inquirer, political analyst Dick Polman has an article headlined “Filibuster wars and the revenge of spinmeisters; Both parties, despite their rhetorical amnesia, have in the past switched sides on the tactic.”

The Baltimore Sun reports that “Ex-senators wary of ‘nuclear’ threat; Former members say the current crisis would not have happened on their watch.”

The Houston Chronicle reports that “Filibuster tactic may end with ‘nuclear option’; Frist heads the change that will allow up-or-down judicial vote.” And yesterday, the newspaper reported that “Hillary Clinton hangs back in the Senate filibuster fight; Presidential aspirations for ’08 may be the reason.”

The Pittsburgh Post-Gazette reports today that “Judicial impasse over filibuster comes to a head; Senate would enter a gray area over cloture rules.”

The Lincoln (Neb.) Journal Star today contains articles headlined “Hagel grapples with vote on nuclear option” and “Democrats praise Nelson at annual dinner.”

The Cincinnati Enquirer reports that “Senator DeWine center of debate to end filibuster.”

The Union Leader of Manchester, New Hampshire reports that “Sununu keeping mum on what how he’ll vote on filibuster rule.”

And The Lufkin Daily News reports that “Christian activist in national spotlight.”

In commentary, The Washington Post today contains an editorial entitled “Nuclear Brinkmanship.” Columnist George F. Will has an op-ed entitled “A Court That Can’t Be Labeled.” And Dick Meyer has an essay entitled “The Wreck of the U.S. Senate; It was foundering even before the filibuster flap.”

In The Los Angeles Times, Judy Dugan has an op-ed entitled “Nuclear-Free Zone.”

In The Boston Globe, columnist Ellen Goodman has an op-ed entitled “The ‘Ladies First’ strategy.” And Dave Denison has an Ideas essay entitled “Constitutional dreaming: As conservatives move to consolidate their hold on the courts, liberals and progressives look ahead–way ahead–and plan their strategy for taking back the Constitution.”

The Washington Times contains an editorial entitled “Senate majorities and judicial nominees,” while Robert Hardaway has an op-ed entitled “Filibuster repair.”

In The New York Daily News, columnist Michael Goodwin has an op-ed entitled “N.Y. has the right guy for the front lines in filibuster fight.”

In The Chicago Sun-Times, Robert Novak’s column is headlined “McCain’s judicial deal falls apart.”

The Toledo Blade contains an editorial entitled “Filibuster folly.”

The Allentown Morning Call contains an editorial entitled “Reach a bipartisan compromise, stop Senate explosion with nuclear option.”

The Portsmouth Herald contains an editorial entitled “Filibuster rule change political grandstanding from far right.”

The Santa Cruz Sentinel contains an editorial entitled “The abortion issue hovers behind the entire conflict over whether to disallow filibusters in the U.S. Senate.”

The Nashua Telegraph contains an editorial entitled “Keep the passion, tone down language.”

In The Maine Sunday Telegram, Nancy Grape has an op-ed entitled “Filibuster wisdom goes way back.”

David Sanders of the Arkansas News Bureau has an essay entitled “Time to go ‘nuclear’ in the Senate.”

In The Winston-Salem Journal, Rick Horowitz has an op-ed entitled “Dubious Ground: When politicians take stands on principle.”

In The Des Moines Register, columnist David Yepsen has an essay entitled “GOP leaders tie filibuster to caucuses,” while columnist Jane Norman has an essay entitled “Clean split for Iowa on ‘nuclear option.’

In The State of Columbia, South Carolina, U.S. Senator Jim DeMint (R-SC) has an op-ed entitled “It’s time for votes on judicial nominees,” while Brad Warthen has an op-ed entitled “Graham joins ‘gang of 12’ in their effort to save the republic.”

Finally for now, in The Palladium-Item of Richmond, Indiana, Robert Hertzog has an op-ed entitled “GOP’s dangerous game of politics, religion subverts nation’s judiciary,” while Nate LaMar has an op-ed entitled “Filibuster outmoded; U.S. Senate should play by rules that others follow.”

Posted at 10:15 AM by Howard Bashman



“The Deal of the Art: The agreement to move the Barnes collection to Philadelphia came about only after a year of rancor, punctuated by the issue of race.” Patricia Horn has this lengthy front page article today in The Philadelphia Inquirer.

Posted at 10:02 AM by Howard Bashman



Saturday, May 21, 2005

“Shaping the judiciary”: The San Francisco Chronicle on Sunday will contain a front page article that begins, “By the time President Bush’s term expires in 2009, about 1 in 3 federal judges will be his selection.”

Posted at 11:40 PM by Howard Bashman



Lyle Denniston is reporting at “SCOTUSblog”: Yesterday, he had posts titled “Commentary on the last of the Tribe treatise” and “The first Booker sequel?

In connection with the first of those two posts, yesterday evening “SCOTUSblog” posted online an admittedly blurry PDF of Law Professor Laurence H. Tribe‘s letters explaining his decision. Those who subscribe to The Green Bag will receive less blurry copies of those letters, together with extraordinarily valuable bobblehead dolls of U.S. Supreme Court Justices.

And in connection with the second of those two posts, interested readers should also see the post titled “SG is seeking cert. on plain error!” at the “Sentencing Law and Policy” blog.

Posted at 11:22 PM by Howard Bashman



“At the Brink: The GOP readies its nukes; Can a plucky band of moderates really save the day?” The May 30, 2005 issue of U.S. News & World Report will contain this article.

In Sunday’s edition of The Philadelphia Inquirer, Dick Polman will have an article headlined “Both parties feverishly spinning in battle over judicial nominees.”

Sunday’s edition of The Chicago Tribune will report that “Hitler, Darth Vader invade Senate in bitter fight on judges.”

The Atlanta Journal-Constitution on Sunday will contain an article headlined “Lowery: Filibuster ‘the bedrock of the republic.’

The Boston Herald on Sunday will contain an article headlined “Frank: No nukes on Hill! Reverses ’93 filibuster stand.”

The Minneapolis Star Tribune on Sunday will contain an editorial entitled “Senate showdown: Protect the filibuster,” while Norman J. Ornstein will have an op-ed entitled “The great divide.”

In The New York Times, columnist David Brooks on Sunday will have an op-ed entitled “The Senate’s Quavering Middle.”

Yesterday’s broadcast of the PBS program “NOW” was all about judicial filibusters.

And yesterday’s broadcast of PBS’s “The NewsHour with Jim Lehrer” contained a segment entitled “Nuclear Option Looms in the Senate” (transcript with link to audio).

Posted at 11:15 PM by Howard Bashman



“Senators to defend filibuster”: The Honolulu Advertiser today contains an article that begins, “Hawai’i’s two Democratic senators say they’ll stand with their party next week against a Republican ban on filibusters for judicial nominees.”

The Times-Picayune of New Orleans reports that “Texas jurist at crux of long dispute; Priscilla Owen’s foes fault abortion finding.”

And The Associated Press offers a report headlined “Newsview: Senate Torn Over Loyalties.”

Posted at 3:54 PM by Howard Bashman



“Senate Republicans Move to Cut Off Debate on Nomination to Appeals Court”: This article appears today in The New York Times.

The Washington Post today contains articles headlined “Stage Set for Senate Showdown Tuesday” and “Gonzales Says He Supports Nominee Owen Despite Texas Case.”

The Los Angeles Times contains articles headlined “GOP Senators File Motion to End Debate Over Jurist; The action begins the countdown to the ‘nuclear option’ on judicial filibusters” and “Rancor of the House Seeps Into the Senate.”

The Washington Times contains articles headlined “Republicans start countdown to ‘nuclear option’” and “Republicans use ads to rip Reid back home in Nevada.”

The Arkansas Democrat-Gazette reports that “Senators taking direct approach in judges battle; D.C. staffs dealt out of loop; Pryor hopeful of reaching deal.”

The Cleveland Plain Dealer contains articles headlined “DeWine looks to heal contentious Senate; Ohioan brokering deal over Bush nominees” and “Think-tank attorneys debate Senate battle over filibusters.”

In The Oakland Tribune, Josh Richman reports that “Boxer jeers GOP hubris on nominee; Democrat says Justice Brown unfit for federal post, calls attempt to ban filibusters ‘a power grab.’

The Allentown Morning Call reports that “Filibuster fight turns up hear on Specter, Santorum; It’s a touchy topic for both Pennsylvania senators, for very different reasons.”

The Knoxville News-Sentinel reports that “Frist act to end debate will hurt image, Dem says.”

The New Haven Register reports that “Dodd, Lieberman join fray over filibusters.”

The Lincoln (Neb.) Journal Star reports that “National GOP puts Nelson in bull’s-eye.”

And yesterday evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “Is America Really Concerned About How Judges are Confirmed?” (RealPlayer required).

In commentary, The New York Times today contains an editorial entitled “On the ‘Nuclear’ Brink.”

The Denver Post contains an editorial entitled “Keep up efforts to avoid nuclear option; We continue to hope cooler heads will prevail and the Senate can find a way to preserve parliamentary rules and give judicial nominees a fair look.”

The Day of New London, Connecticut contains an editorial entitled “Not The Nuclear Option: GOP’s attempt to change long-standing Senate rules ignores lessons of history.”

The Ledger of Lakeland, Florida contains an editorial entitled “Partisanship Goes to Extremes.”

The Gwinnett Daily Post contains an editorial entitled “The majority should rule on judge votes.”

In The Rocky Mountain News, columnist Mike Littwin has an op-ed entitled “Senate heats up; Salazar cools off.”

In The Kansas City Star, Vicki Palatas has an op-ed entitled “Democrats skewer Constitution and Republicans.”

And in Thursday’s edition of The Philadelphia Daily News, columnist John Baer had an essay entitled “Congress is out of touch; Debate over Senate procedure a bust.”

Posted at 8:50 AM by Howard Bashman



Friday, May 20, 2005

“Newspaper Shuts Down Controversial Feedback Platform”: The Los Angeles Times has posted a news update that begins, “Bombarded with abusive online postings, a Ventura County newspaper has pulled the plug on a virtual platform that allowed readers to comment on stories that appear on its website.”

The Ventura County Star’s report on its decision to disable comments can be accessed here.

Posted at 6:15 PM by Howard Bashman



“GOP Sets Stage for Filibuster Showdown”: Jesse J. Holland of The Associated Press provides this report.

Thomas Ferraro of Reuters reports that “Countdown begins in Senate judicial showdown.”

Bloomberg News reports that “U.S. Senate Republicans Set Up Showdown on Judges.”

The New York Times provides a news update headlined “Showdown Looms as Republicans Seek to End Judicial Debate.”

Financial Times provides a news update headlined “Frist heads for ‘nuclear option’ in judges dispute.”

The Patriot-News of Harrisburg, Pennsylvania reports today that “Santorum bombs with Hitler remark.”

Tim Russert of NBC News reports that “Virginia’s Warner could be key to filibuster; Voters upset by lack of ‘grownup’ congressional action.”

The Sacramento Bee today contains editorials entitled “A tradition to preserve; Senate filibusters serve a valuable purpose” and “No on Judge Brown; D.C. court is wrong place for her views.”

Online at Newsweek’s web site, Eleanor Clift has an essay entitled “Just the Beginning: Forcing a rule change on filibusters is only the start of the GOP’s radical judicial agenda.”

At Townhall.com, Rich Lowry has an essay entitled “Dangerous Women.”

At National Review Online, William F. Buckley Jr. has an essay entitled “Phony Apocalypse: Hesitation, after a while, comes over as irresolution.”

Online at The American Prospect, Terence Samuel has an essay entitled “Byrd Calls: Robert Byrd is an unlikely champion of the filibuster, but he’s an effective one.”

Today’s broadcast of NPR‘s “Day to Day” contained a segment entitled “Capitol Hill Rhetoric Heats Up Over ‘Nuclear Option.’

And today’s broadcast of the public radio program “Here and Now” contained a segment entitled “Violent Words in Debate.”

Posted at 6:00 PM by Howard Bashman



In today’s edition of The San Francisco Chronicle: Bob Egelko reports, in an article headlined “Suspended license to high court,” that the Supreme Court of California has granted review in a case that presents the question whether suspending an individual’s driver’s license for drunk driving actually requires the individual to have been driving drunk.

In other news, “Atheists reach out in S.F.; Conclave designed to turn nonbelievers into activists.”

And an article reports that “Ex-owner of finger lashes out: ‘It’s been hell’; Friends at bar say he grew angry that his mother spoke to media about case.”

Posted at 5:40 PM by Howard Bashman



When Ford Motor Company offers new car purchasers a choice between a $2,000 cash rebate or a 0.9% interest rate for 48 months, does Federal Reserve Bank Regulation Z in combination with the Truth in Lending Act require the lost rebate to be treated as a finance charge for customers who elect the promotional interest rate? A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has resolved that question in an opinion issued today.

Posted at 2:10 PM by Howard Bashman



“Court Upholds Landing Field Injunction”: The Associated Press reports here that “A federal appeals court upheld a judge’s injunction that stopped work on a proposed Navy jet landing field near a wildlife refuge in eastern North Carolina.”

Posted at 11:54 AM by Howard Bashman



“Drive opens against gay marriage; Proposal for a ballot measure wouldn’t let lawmakers or judges set same-sex benefits”: The Sacramento Bee contains this article today.

Posted at 11:14 AM by Howard Bashman



Law Blog Ad Network announces its debut: Thanks to Jeralyn at “TalkLeft” and the good folks at Blogads, the Law Blog Ad Network now exists. Jeralyn explains the concept in a post you can access here. If you operate a law-related blog and would like to join the Law Blog Ad Network, please email your request to Jeralyn, who can be reached at the email address contained in this hyperlink.

Posted at 10:50 AM by Howard Bashman



Has the Chief Justice of the Supreme Court of Rhode Island lost his ability to retain that judicial office as a result of having been sworn in as a member of the federal military review panel that will hear appeals from suspected terrorists held at Guantanamo Bay? The Providence Journal today contains articles headlined “Attorneys file briefs in Williams lawsuit; Besides violating Rhode Island’s Constitution, Chief Justice Frank J. Williams’ ‘dual office-holding will subject him to possible federal constitutional attacks’ by Guantanamo prisoners, says Providence lawyer Keven A. McKenna” and “Terror suspect’s lawyers join fight to oust Williams; A civilian and a Navy lawyer join Providence lawyer Keven A. McKenna’s lawsuit to declare Frank J. Williams is no longer the state’s chief justice.”

Thanks to The Providence Journal, you can access online the briefs filed in the Rhode Island Supreme Court in this matter: brief filed by attorney seeking the Chief Justice’s removal from office; amicus brief in support of removal filed by Guantanamo detainee and his lawyers; and brief filed on behalf of Chief Justice by State’s Attorney General.

Posted at 10:15 AM by Howard Bashman