How Appealing



Sunday, July 31, 2005

“Ten Commandments get an Indiana niche; Some lament monument being on private land”: This article appears today in The Boston Globe.

Posted at 9:44 PM by Howard Bashman



“If Roe goes, questions abound; What would happen if the high court throws out Roe vs. Wade?” This article appears today in The Dallas Morning News.

The Philadelphia Inquirer today contains an article headlined “The staying power of ‘Roe v. Wade’; The Supreme Court isn’t likely to flat-out reverse it; And the GOP wouldn’t likely want that, anyway; But we can expect some fierce battles.”

The August 8, 2005 issue of Newsweek will contain articles headlined “Roe’s Army Reloads: They’ve been dreading this moment for decades; How the pro-choice movement is readying for Roberts–and navigating a critical political crossroads” and “The Nominee: Roberts at the Revolution; As interest groups sift his record in the Reagan White House, colleagues recall the mood at the dawn of a conservative era.”

And The Miami Herald today reports that “Nominee John Roberts’ 2000 recount role gets spin but no traction.”

In commentary, David M. Lebedoff has an op-ed entitled “No misstep by Roberts is too small for New York Times” in The Minneapolis Star Tribune.

And in The San Antonio Express-News, columnist Victor Landa has an op-ed entitled “I’ll bet on it: Nominee a pawn in GOP’s plan.”

Posted at 2:45 PM by Howard Bashman



“The parties swap tunes for Roberts; Today the Democrats want specifics, and the GOP disagrees – the opposite of 12 years ago:” Today in The Philadelphia Inquirer, political analyst Dick Polman has this article.

Posted at 10:00 AM by Howard Bashman



Saturday, July 30, 2005

In U.S. Supreme Court nominee-related commentary: The Rocky Mountain News today contains an editorial entitled “The fishing party.”

In The Palm Beach Post, columnist Stebbins Jefferson has an op-ed entitled “Can Roberts channel O’Connor?

In The Decatur Daily, James L. Evans has an op-ed entitled “Called to a higher standard.”

And Edwin Meese and Todd Gaziano of The Heritage Foundation have an op-ed entitled “Roberts won’t get to play by the Ginsburg Rules.”

Posted at 11:12 PM by Howard Bashman



“State panel urged to probe congressman”: The Chicago Tribune today contains an article that begins, “The state agency that oversees lawyer conduct in Wisconsin has been asked to investigate Rep. James Sensenbrenner for sending a private letter to the U.S. Court of Appeals in Chicago demanding a longer prison sentence for a drug courier.” The blog “Sentencing Law and Policy” says here that it has received and is posting online a copy of the letter.

Posted at 11:00 PM by Howard Bashman



“John Roberts’s Other Papers: Portrait of the judge as an undergraduate.” Matthew Continetti will have this essay in the August 8, 2005 issue of The Weekly Standard.

Posted at 10:58 PM by Howard Bashman



“In courtroom, high-tech can be high risk; Critics say the increased use of machines instead of court reporters places a higher priority on cost-cutting than fairness”: This article appears today in The St. Petersburg Times.

Posted at 10:40 PM by Howard Bashman



“As Clerk for Rehnquist, Nominee Stood Out for Conservative Rigor”: Adam Liptak and Todd S. Purdum will have this article Sunday in The New York Times.

Posted at 2:45 PM by Howard Bashman



“U.S. Judge Voids Portion of Patriot Act as Illegally Vague; The jurist says wording on ‘expert advice’ and ‘training’ is imprecise; She upholds a broader ban on material support for terrorist groups”: David Rosenzweig has this article today in The Los Angeles Times.

Posted at 11:00 AM by Howard Bashman



“After Dispute, Judge’s Confirmation Hearings Set to Start Sept. 6”: This article appears today in The New York Times, along with articles headlined “White House Memos Offer Opinions on Supreme Court” and “Roberts Nomination Raises the Issue of the Role of Religious Faith in Public Life.”

In The Los Angeles Times, Maura Reynolds and David G. Savage report that “Roberts’ HearingsSet to Start Sept. 6; As expected, Democrats formally request memos and court filings that the Supreme Court nominee wrote for the solicitor general’s office.”

The Washington Times reports that “Roberts’ Senate hearing set as lawmakers scan records.” And Terence P. Jeffrey has an op-ed entitled “Durbin evolution on decency.”

The Manchester Union Leader reports that “Edwards tells NH he has ‘serious questions’ about Roberts.”

The Arkansas News Bureau reports that “Pryor meets with Supreme Court nominee.”

The Kennebec (Me.) Journal reports that “GOP rallies for Roberts’ confirmation.”

The Colorado Springs Gazette reports that “GOP head asks Springs to help in Roberts vote.”

And one week ago, The Rocky Mountain News published an article headlined “Dobson keeps focus on the fight; Champion of Christian right sets his sights, political clout on battle over courts.”

Posted at 8:30 AM by Howard Bashman



“Voter registrations of judge, spouse alleged improper”: The Seattle Times today contains an article that begins, “The Evergreen Freedom Foundation has challenged the voter registrations of 9th U.S. Circuit Court of Appeals Judge Betty Fletcher and her husband, Robert Fletcher.”

Posted at 8:20 AM by Howard Bashman



“Remington native first solicitor general”: The Journal and Courier of Remington, Indiana yesterday contained an article that begins, “A Remington native has been chosen Indiana’s first solicitor general, given the task of handling legal cases that pose constitutional challenges to the state. Currently special counsel in the Indiana Attorney General’s Office, Thomas Fisher was named Thursday as solicitor general by Attorney General Steve Carter.”

Fisher, of course, is a longtime reader of “How Appealing” and conducted the interview I republished in October 2004 under the heading “23 Questions for Seventh Circuit Judge Diane S. Sykes.”

Posted at 8:15 AM by Howard Bashman



Friday, July 29, 2005

“Court foes target Breyer’s property; Tactic mirrors bid to take Souter’s home”: The Concord (N.H.) Monitor today contains an article that begins, “If the Libertarian Party of New Hampshire and its allies have their way, someday two stone monuments will stand on U.S. Supreme Court Justice Stephen G. Breyer’s Plainfield property.”

Posted at 4:20 PM by Howard Bashman



Why? Why not? A three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued a decision ordering the Board of Immigration Appeals to provide the reasons for the BIA’s ruling issued in 1997 that “the forced sterilization or abortion of one spouse is an act of persecution against the other spouse and that, as a result, the spouses of those directly victimized by coercive family planning policies are per se as eligible for asylum as those directly victimized themselves.”

Posted at 3:00 PM by Howard Bashman



Federal criminal defendant’s earlier civil lawsuit against U.S. District Judge did not require the judge to recuse himself from presiding over the federal government’s prosecution of the former plaintiff: A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit today issued this decision, addressing a question of first impression in the circuit.

Posted at 2:40 PM by Howard Bashman



Long hair in prison: A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued an opinion that begins:

California prisoner Billy Soza Warsoldier appeals from the district court’s denial of his request for a preliminary injunction in his suit challenging a California Department of Corrections (“CDC”) hair grooming policy, which requires that all male inmates maintain their hair no longer than three inches. Warsoldier refuses to adhere to the grooming policy because of his sincere religious belief that he may cut his hair only upon the death of a loved one. He argues that the policy, and CDC’s refusal to permit a religious exception, violates his right to religious freedom. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), and for the reasons set forth below, we reverse the district court’s denial of Warsoldier’s request for a preliminary injunction.

You can access the complete decision at this link.

Posted at 12:55 PM by Howard Bashman