How Appealing

Tuesday, July 19, 2005

In Wednesday’s edition of The New York Times: Tomorrow’s newspaper will contain articles headlined:

Tomorrow’s newspaper will also contain an editorial entitled “Scrutinizing John Roberts.”

Posted at 11:44 PM by Howard Bashman

“Bush Makes Bold Move to Shift Court”: Dan Balz and Charles Lane of The Washington Post provide this news update.

Wednesday’s issue of The Washington Post will contain articles headlined “Nominee Isn’t Well Known to Senators Who Will Judge Him; Republicans Quickly Endorse; Democrats Put Off Opinions” and “On Right, Left, Time For Action; Groups Launch Long-Ready Efforts.”

The Los Angeles Times provides a news update headlined “Aides Describe How President Arrived at His Choice.”

And the Knight Ridder Newspapers report that “Bush nominates federal appeals court judge for Supreme Court.”

Posted at 10:40 PM by Howard Bashman

Who are you calling a dumb-ass? Longtime readers may remember my posts from April 2003 (see here and here) recounting that when John G. Roberts, Jr. had the pleasure of his second confirmation hearing in 2003 before the Senate Judiciary Committee (committee print here) in connection with his D.C. Circuit nomination, Senator Orrin G. Hatch (R-UT) told Senator Charles E. Schumer (D-NY) that Senator Schumer was asking “dumb-ass questions.” [See page 90 of the PDF file containing the hearing transcript.] certainly remembers.

Posted at 10:00 PM by Howard Bashman

Some early reactions: CBS News had John Roberts anchoring President Bush’s announcement tonight that the President was nominating John Roberts to serve on the U.S. Supreme Court.

John G. Roberts, Jr. was confirmed by the U.S. Senate to serve on the D.C. Circuit by unanimous consent, as I noted here and here back in May 2003. Yet in the Senate Judiciary Committee, the vote to approve the nomination to the D.C. Circuit was 14-3. As I noted here back in February 2003, “Roberts received ‘yes’ votes from the following Democratic Senators — Biden, Edwards, Feinstein, and Kohl.” Thus, the nomination did receive three “no” votes in committee, and then the full U.S. Senate did not conduct a formal roll-call vote on the nomination.

If Chief Justice William H. Rehnquist remains on the Court when Justice Roberts joins it, this may be the first time in history that a former U.S. Supreme Court law clerk will serve as a Justice on the Court along with the Justice for whom he or she clerked.

Judge Roberts was not especially forthcoming in his answers to difficult questions posed at two most recent Senate Judiciary Committee confirmation hearings (committee prints here and here), and already tonight U.S. Senator Charles E. Schumer (D-NY) is warning that similarly vague or evasive responses will not suffice this time around.

Posted at 9:20 PM by Howard Bashman

“President Chooses Conservative Judge as Nominee to Court”: The New York Times provides this news update.

The Washington Post provides a news update headlined “Bush to Nominate Judge John G. Roberts Jr.

And The Los Angeles Times provides a news update headlined “Bush Chooses Appeals Judge John Roberts Jr. for Supreme Court.”

This past Sunday, The Washington Post published an article about Judge Roberts headlined “Similar Appeal; Different Styles. Two Judges Seen as Potential Supreme Court Nominees Share Conservatives’ Approval.”

Nearly one month ago, Jan Crawford Greenburg of The Chicago Tribune had a similar article headlined “2 to watch for vacancy have much in common; Judges are friends and may be rivals for Supreme Court seat” (also freely available here).

And back in April 2005, Luiza Ch. Savage of The New York Sun had an article headlined “Buffalo Native Is Seen as a Confirmable Conservative; Judge John Roberts Jr. ‘Combines Youth, Intellect, Temperament, Judicial Philosophy.’

Posted at 8:30 PM by Howard Bashman

BREAKING NEWS — “Bush Nominates Federal Judge Roberts”: The Associated Press reports here that President Bush will announce tonight that he has decided to nominate D.C. Circuit Judge John G. Roberts, Jr. to fill Justice Sandra Day O’Connor’s seat on the U.S. Supreme Court.

You can access at this link (22 MB PDF file) the committee print of the Senate Judiciary Committee‘s hearing on Judge Roberts’s nomination to the D.C. Circuit.

Via the Department of Justice’s Office of Legal Policy, you can access Judge Roberts’s biography, resume, and statements in support of confirming him to serve on the D.C. Circuit.

CBS News offers this bio, while Charles Lane of The Washington Post provides this bio.’s Tony Mauro, back in February 2005, had a profile headlined “D.C. Circuit Judge Gets on Supreme Court Short List.”

The Alliance for Justice compiled a 14-page report opposing Judge Roberts’s confirmation to the D.C. Circuit. People for the American Way recently critiqued two of Judge Roberts’s dissenting opinions. NARAL Pro-Choice America issued this report in connection with Roberts’s D.C. Circuit nomination. And the National Organization for Women offered this information in connection in connection with Roberts’s D.C. Circuit nomination.

Posted at 7:44 PM by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Bush Set to Announce O’Connor’s Replacement“; “Down to a Few Candidates for High Bench” (featuring Nina Totenberg); and “Padilla Appeals His U.S. Captivity.”

And today’s broadcast of “Talk of the Nation” contained segments entitled “Awaiting the Next Supreme Court Justice” (also featuring Nina Totenberg) and “States Put Eminent Domain to New Uses.”

Posted at 7:15 PM by Howard Bashman

“Uncertainty builds over Bush high court choice; If it’s Judge Edith Clement, is she a ‘safe’ pick for confirmation?” Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 7:05 PM by Howard Bashman

Sources say President Bush’s nominee to the U.S. Supreme Court won’t be Kennewick Man: But that hasn’t kept Kennewick Man out of the headlines. The New York Times reports today that “A Skeleton Moves From the Courts to the Laboratory.”

And in other recent coverage, The Seattle Post-Intelligencer reported last Friday that “Kennewick Man gives up secrets; But more questions arise after first study of ancient bones.”

The Seattle Times reported Friday that “Fate of Kennewick Man study unclear.”

The Tri-City Herald reported Friday that “Experts wrap up analysis of Kennewick Man.”

And the July 25, 2005 issue of Newsweek contains an article headlined “A 9,000-Year-Old Secret: After a long legal battle, scientists are studying an ancient skeleton that could change theories about the first Americans.”

Posted at 6:00 PM by Howard Bashman

Seventh Circuit overturns summary judgment entered against anti-homosexuality protestor who claims his First Amendment rights were violated when the City of Madison, Wisconsin banned him from protesting on a pedestrian overpass above a busy highway: You can access today’s ruling, by a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, at this link.

Posted at 3:45 PM by Howard Bashman

The state of the Ninth Circuit: Chief Judge Mary M. Schroeder delivered this speech yesterday.

And The Spokesman-Review of Spokane, Washington today contains an article headlined “Supreme Court’s O’Connor to visit for judicial conference in Spokane; Retiring high court justice serves as liaison for 9th Circuit matters” that begins, “Justice Sandra Day O’Connor will be in Spokane Thursday as she makes her first public appearance since she announced her retirement from the U.S. Supreme Court earlier this month. She will take part in the weeklong 2005 9th Circuit Judicial Conference, an annual gathering of about 800 judges, lawyers and guests who discuss issues pertaining to the Western federal court system.”

Posted at 3:33 PM by Howard Bashman

BREAKING NEWS — CNN is reporting that President Bush has selected a nominee to replace Justice Sandra Day O’Connor: According to CNN, the President will make his decision public at 9 p.m. tonight.

Update: The Associated Press reports that “Bush to Announce Court Nominee Tonight.”

Posted at 1:03 PM by Howard Bashman

“Remote Control: The Supreme Court’s greatest failing is not ideological bias–it’s the justices’ increasingly tenuous grasp of how the real world works.” Stuart Taylor Jr. has this essay (pass-through link) in the September 2005 issue of The Atlantic Monthly (via “Althouse“). [Update: In the event that this link to the article stops working, an alternate link is available here.]

Posted at 12:30 PM by Howard Bashman

“Supreme Court Nomination Expected Today”: The Washington Post provides a news update that beigns, “The White House has told allies to be prepared for a Supreme Court nomination this afternoon.”

Elsewhere, The News Virginian reports today that “Scholar predicts bitter fight over Bush’s Supreme Court nomination.”

The Petoskey News Review earlier this month published an article headlined “Michigan Supreme Court Justice says state’s highest court is committed to strict interpretation of law.”

At, Hans Bader has an essay entitled “Why stop with non-judges?

At National Review Online, Christopher Flannery has an essay entitled “Go Ask Alice: Considering Judge Batchelder.”

Finally for now, Think Progress has launched the “Supreme Court Extra” blog.

Posted at 11:55 AM by Howard Bashman

“Detainee Trials to Resume Soon, Rumsfeld Says”: This article appears today in The New York Times.

The Washington Post reports today that “Military Trials for Detainees To Resume; Four Cases to Be Heard Immediately.”

The Washington Times reports that “Military tribunals to begin for Gitmo detainees.”

And yesterday, The Miami Herald reported that “Alleged Qaeda member can’t be his own lawyer; The Pentagon’s chief of war-crimes trials decided a month ago that an alleged Yemeni propagandist cannot be his own lawyer at Guantanamo Bay military commissions.”

Posted at 11:45 AM by Howard Bashman

“L.A. County Settles Suit by Legal Newspaper”: The Los Angeles Times today contains an article that begins, “Los Angeles County decided Monday to pay $40,000 to a legal newspaper to settle a lawsuit against the district attorney’s office over a 2002 search warrant that investigators executed at the paper’s downtown Los Angeles headquarters. The search, part of a broad probe into corruption allegations involving the city of South Gate, shut down the Metropolitan News-Enterprise for three hours and drew fire from 1st Amendment experts”

Posted at 11:40 AM by Howard Bashman