“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 Townhall.com, 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.
“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.”
“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”
“Speculation Centers on Clement for Court”: The Associated Press provides this report.
And “The Supreme Court Nomination Blog” offers a post titled “Associate Justice Clement?”
“Appeal of Detained Terrorism Suspect to Be Heard Today”: The Washington Post contains this article today.
Update: The “South Carolina Appellate Law Blog” provides this second-hand report on today’s oral argument. And The Associated Press reports that “Lawyer Argues Against Man’s Confinement.”
The Washington Times is reporting: Today’s newspaper contains articles headlined “Bush meets with court contenders” and “Property decision galvanizes the right.”
“U.S. Seeks Higher Damages in Tobacco Industry Suit”: This article appears today in The New York Times.
The Washington Post reports today that “Justice Dept. Seeks to Pursue Tobacco Profits.”
And The Los Angeles Times reports that “U.S. Seeks Reversal of Tobacco Ruling; It petitions the Supreme Court, saying a decision that bars efforts to seize past profits is flawed.”
“Abortion: Just the Data; With High-Court Debate Brewing, New Report Shows Procedure’s Numbers Down.” The Washington Post contains this article today.
And in the August 1, 2005 issue of The Nation, Katha Pollitt has an essay entitled “Should Roe Go?”
“Sullivan hearing goes before state high court”: This article appears today in The Atlanta Journal-Constitution.
In today’s issue of The Sacramento Bee: The newspaper contains articles headlined “Pledge lawsuit may have narrow ruling; Federal judge hints he’ll restrict lawsuit to school issue only” and “Boss’s affairs cause for suit; State high court allows suits for harassment if uninvolved workers lose promotions.”
“White House Considering Female Successor to O’Connor”: Jeanne Cummings and Jess Bravin have this article (pass-through link) today in The Wall Street Journal.
Reuters reports that “Bush believed to be close to Supreme Court decision.”
And The Associated Press reports that “Court Speculation Centers on Female Judge.”
“Memories of Bork, Hill make all sides uneasy; Specter played the tough prosecutor in two earlier high court fights; will he do so again?” This article appears today in The Pittsburgh Post-Gazette.
The Kansas City Star reports today that “Kansan doubts she is on list for high court.”
The Mobile Register reports that “Court battle may delay new judge; Finding replacement for Sandra Day O’Connor will take precedence over lower court positions.”
The Wall Street Journal contains an editorial entitled “No More Souters: The legacy of previous GOP Supreme Court picks.”
USA Today contains an editorial entitled “Will high court battle lower public’s faith in justice?”
The Arizona Republic contains an editorial entitled “A just choice: Rehnquist has earned the right to decide departure” and an op-ed by Law Professor Robert Glennon entitled “Find a Justice, not merely a judge.”
In The New York Times, Law Professor Stanley Fish has an op-ed entitled “Intentional Neglect.”
In The Rocky Mountain News, columnist Paul Campos has an op-ed entitled “Time ripe for high court fix.”
And in The Dallas Morning News, columnist William McKenzie has an op-ed entitled “Here’s a 1-2 strategy for Bush’s court picks.”
“Affairs at Work Subject to Suits; Expanding the law against sex harassment, the state high court says all workers may suffer if a relationship causes the boss to show favoritism”: Maura Dolan has this article today in The Los Angeles Times.
And today in The San Francisco Chronicle, Bob Egelko reports that “State high court rules on sex with the boss; ‘Casting couch’ way to the top can be deemed harassment.”
“Five From the 5th Circuit Mentioned for High Court; Southern Appeals Bench Known for Conservatism”: Tuesday’s issue of The Washington Post will contain this article, along with an article headlined “Bush Plans Interviews With Court Candidates; President Wants Confirmation by October.”
Tuesday’s issue of The New York Times will report that “Announcement of Supreme Court Nominee May Be Soon.”
And Tuesday in The Chicago Tribune, Jan Crawford Greenburg will report that “Advisers want Bush to consider conservative men for court.”
“Executed Man May Be Cleared in New Inquiry”: This article will appear Tuesday in The New York Times.
Who will President Bush nominate to the U.S. Supreme Court? I’m sticking with my earlier prediction of Fifth Circuit Judge Edith H. Jones, and I further predict that she will attain U.S. Senate confirmation.
No one can doubt Judge Jones’s solid conservative credentials. Her colleague on the Fifth Circuit, Judge Edith Brown Clement, may not be as reliably conservative (see, for example, this ruling from July 2004). And newly confirmed Fifth Circuit Judge Priscilla R. Owen has no track record as a judge in criminal cases, because the Supreme Court of Texas doesn’t have appellate jurisdiction in criminal cases.
Available online from law.com: An article reports that “‘Sports Illustrated’ Ruling Pressures Media Attorneys.”
In other news, “11th Circuit Still Cool to ‘Booker.’”
And in news from Pennsylvania, “Though Child Is in India, Support Payments Must Follow U.S. Guidelines.”
“Rehnquist decision raises questions on judges, age”: Michael Doyle of McClatchy Newspapers provides this report.
The Associated Press is reporting from California: David Kravets reports, with regard to Michael A. Newdow’s latest lawsuit, that “Judge narrows Pledge of Allegiance case to focus on schools.”
And an article headlined “Calif. Court: Work Sex Can Be Harassment” reports on this unanimous ruling that the Supreme Court of California issued today.
“Conservatives are told it will not be Gonzales”: This article will appear in Tuesday’s edition of The Hill.
Reuters reports that “Bush to meet with some Supreme Court candidates.”
The Associated Press reports that “Two Michigan Supreme Court justices mentioned for U.S. high court.”
The Knight Ridder Newspapers report that “Supreme Court market lets you put your money where your hunch is.”
And online at The New Republic, Alexander Barnes Dryer has an essay entitled “Judge Not: Bush recently said he might appoint a non-judge; A guide to whom he may have been talking about.”
“Supreme Court Nominees & Confirmation”: That was the title of this past Saturday’s broadcast of C-SPAN‘s “America & the Courts.” You can view the broadcast online by clicking here (RealPlayer required).
“Debate to open Sullivan hearing; Case stirs up issue of double jeopardy after suit was thrown out of federal court in 1992”: The Atlanta Journal-Constitution today contains an article that begins, “Georgia’s Supreme Court will hear arguments this morning that could determine whether Fulton County can pursue a death penalty trial in a nationally known murder for hire.”
“Stop Judges Tripping on Corporate Dollar”: Timothy J. Dowling, chief counsel of Community Rights Counsel, has this op-ed today in Legal Times.
“Trials for Two Gitmo Suspects to Resume”: The Associated Press provides this report. And the Department of Defense today issued a news release entitled “Military Commissions to Resume.”
“Government appeals on tobacco remedy”: Lyle Denniston has this report at “SCOTUSblog,” which has also posted the federal government’s cert. petition and appendix.
In other coverage, The Associated Press reports that “U.S. Again Seeks $280B in Tobacco Profits,” while Reuters reports that “U.S. seeks reversal of tobacco sanction ruling.”
“Appeals Court to Consider Padilla Case; Ruling Has Vast Implications on Fight Against Terrorism”: The Washington Post provides this news update previewing tomorrow’s oral argument before the U.S. Court of Appeals for the Fourth Circuit.
And in tenuously related news, The Miami Herald today contains an article headlined “Detention method defended; Prosecutors took a tough stand as two terrorism suspects held in federal detention in Miami asked a judge to address complaints of poor treatment by prison officials.”
U.S. Court of Appeals for the Fifth Circuit holds that survivors of victims killed by allegedly racist co-worker at Mississippi-based Lockheed plant are limited under state law to pursuing the remedies provided under the Mississippi Workers’ Compensation Act: The Fifth Circuit’s ruling, dated last Thursday but posted online today, can be accessed at this link.
Earlier this year, the ABC News program “Primetime Live” reported on the shootings and posted online a report headlined “Lockheed Workplace Murders Targeted Blacks; Management Knew Shooter’s Racist Views and Previous Threats.” Back in July 2003, USA Today reported that “Gunman ‘just hated a lot of people.’” And earlier this month, The Meridian Star published an article headlined “Family members stay strong two years after Lockheed shootings.”
To deter forgery, the Justice Antonin Scalia bobblehead doll gift certificates that The Green Bag is issuing are embossed with the publication’s official seal: My certificate arrived in today’s mail, as did the pre-release gally proof of Jeffrey Lord’s new book “The Borking Rebellion.”
The wire services are reporting: The Associated Press reports that “Bush Wants New Justice in Place by Oct.”
And Reuters reports that “Rumsfeld vows speedy action on Guantanamo trials.”
Unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upholds the validity of a blanket waiver of Fourth Amendment rights as a condition of probation: Today’s opinion, by Circuit Judge Richard A. Posner, can be accessed here.
President Bush addresses a reporter’s question about the process to find a nominee to replace Justice Sandra Day O’Connor: The following transcript excerpt is from a White House press availability that wrapped-up within the past hour:
Q Thank you, Mr. President. We understand you are now close to a decision on a Supreme Court nominee.
THE PRESIDENT: Really? (Laughter.) It’s amazing how Washington works, Mr. Prime Minister. (Laughter.)
Q Have you narrowed down the list and met with finalists? Will you now share the list with Senate leaders to avoid a confirmation battle, as Democrats have proposed?
THE PRESIDENT: Well, thank you for telling me where I am in the process. I appreciate that. We’ve consulted with the Senate. We will continue to consult with the Senate. I, of course, am the person that picks the nominee, and they get to decide whether or not the nominee gets confirmed. That’s the way it has worked in the past. That’s the way it’s going to work in this administration.
And of course I’m reviewing a different candidate. I’m reviewing their curriculum vitae, as well as their findings. I will sit down with some and talk to them face-to-face, those who I have not known already. You know, we’ve got some people that — perhaps in contention that I’ve already spent time with, that I know; in other words, I’m familiar with some of the people that are being speculated about in the press. And so I don’t need to interview those. But of course I’m going to take a very thorough approach.
What they’re referring to is a Supreme Court vacancy. And this is a really important decision. And I’m going to take my time and I will be thorough and deliberate. But make no mistake, we have heard a lot of suggestions from members of the United States Senate — a lot. It turns out, many of the senators have got strong opinions one way or the other. And of course we’re listening to them.
But my desire, Adam, is to get this process moving so that someone will be confirmed, whoever he or she is, will be confirmed by October. And if that’s the backstop, we’re working back to try to accommodate the Senate and their desire. Part of the consultation was to ask the senators, what’s it take to get somebody in place by the October session?
And thank you for your question, and thank you for telling me how close I am to — or at least indicating what others think. (Laughter.)
You can access the full transcript at this link.
“The next justice: Seeking the unpredictable.” This editorial appears today in The Minneapolis Star Tribune.
“The Case for Impeaching the Chief Justice”: Professor Mark Graber has this possibly facetious post at the “Balkinization” blog.
“The Law and Economics of Gay Marriage”: “The Becker-Posner Blog” offers posts here and here.
Decalogue blog: The Capital-Journal of Topeka, Kansas today contains an article headlined “Junction City to keep monument; Commission interprets Supreme Court ruling to mean ‘outside is OK; inside, not OK.’”
