How Appealing



Monday, July 4, 2005

In today’s edition of The New York Times: Linda Greenhouse has a lengthy article headlined “Court’s Term a Turn Back to the Center.” A related graphic can be accessed here.

Today’s newspaper also contains articles headlined “Senators Clash on Questioning a Court Nominee“; “Speculation on Contenders Begins Despite Entreaties“; and “Run-Up to Judicial Fight Puts a Spotlight on Bork.”

And the Business section contains a news analysis headlined “The Fallout from O’Connor’s Resignation.”

Posted at 12:30 AM by Howard Bashman



Sunday, July 3, 2005

Access online the transcript of today’s broadcast of the CBS News program “Face The Nation“: The program, which I referred to earlier today in this post, focused on the retirement of Justice Sandra Day O’Connor and its consequences. You can access the transcript here.

Posted at 5:15 PM by Howard Bashman



“Swing voter: The departure of Sandra Day O’Connor sets the stage for a nasty judicial confirmation battle — and maybe an even more conservative Supreme Court.” David Paul Kuhn has this report online at Salon.com.

Posted at 5:12 PM by Howard Bashman



“A Feminist Folk Hero (Sort Of); Sandra Day O’Connor managed to both support and curtail conservative social restrictions”: Adele M. Stan has this essay online at The American Prospect.

Posted at 5:10 PM by Howard Bashman



“Reversing the Bork Defeat: With a Republican Senate, President Bush has the chance to succeed where Reagan failed by getting a conservative constitutionalist confirmed to the Supreme Court.” William Kristol has this essay online at The Weekly Standard.

Posted at 4:35 PM by Howard Bashman



Available online from The New Republic: Law Professor Cass R. Sunstein has an essay entitled “Old School: Why it was easy to forget that O’Connor was a conservative.”

Law Professor William J. Stuntz has an essay entitled “Power Surge: O’Connor became too comfortable exercising power.”

And Law Professor Richard L. Hasen has an essay entitled “Rock the Vote: O’Connor’s departure portends a major shift in election law; And not for the better.”

I’ve provided pass-through links to the two items that TNR posted as subscriber-only content. Soon, I hope to provide a pass-through link to Law Professor Jeffrey Rosen‘s latest essay, which TNR posted online today, entitled “Counter Evolution: Conservatives want a justice who won’t drift left once confirmed; History suggests they have less to worry about than they imagine.” [Update: Here it is.]

Meanwhile, Marty Lederman questions TNR’s online business model in this post at “The Supreme Court Nomination Blog.” (I previously provided, back in November 2004 when TNR first posted the piece online, a pass-through link to the Jeff Rosen essay that Marty mentions in his post.)

Posted at 2:50 PM by Howard Bashman



“Judge’s actions speak louder than words”: The San Antonio Express-News today contains an article that begins, “While the question of who will become the next U.S. Supreme Court justice is a full-time guessing game in Washington, San Antonio faces a mystery on its own doorstep: Emilio who? The San Antonio native widely considered a leading contender to fill the vacancy created by Justice Sandra Day O’Connor’s resignation Friday is virtually unknown in the county where he was born, raised and still resides.”

Posted at 2:28 PM by Howard Bashman



“Is GOP eroding states’ rights? From the Terri Schiavo case to driver’s license standards and LNG terminals, the federal government, some contend, is broadening its control over America.” This article appears today in The Mobile Register.

Posted at 2:25 PM by Howard Bashman



“Liberals gird for Supreme struggle”: The Washington Times today contains an article that begins, “A group of the most influential liberal court lobbyists gathered in a high-ceilinged room across the hall from the Senate chamber, within hours of Supreme Court Justice Sandra Day O’Connor’s retirement announcement Friday.”

Posted at 12:11 PM by Howard Bashman



Former U.S. Supreme Court nominee Robert H. Bork speaks about Justice Sandra Day O’Connor and her judicial philosophy: He appeared live on CNN on Friday, where he was interviewed by Daryn Kagan. Here’s a snippet from the transcript:

KAGAN: Your comments today on Sandra Day O’Connor and her legacy on the court, please.

JUDGE ROBERT BORK, FMR. SUPREME COURT NOMINEE: Well, she’s a very nice person, but she is — as a justice, she has been — they call her the swing vote. That’s true. But that means that she didn’t have any reaffirmed judicial philosophy.

However, on the crucial cultural question, she has lined up with the liberal side on abortion, on affirmative action, homosexual normalization and so forth.

KAGAN: Excuse me. Judge Bork, do you think it’s fair to say she didn’t have an judicial philosophy? Perhaps that she didn’t have the same judicial philosophy that you share. But she probably — she possibly had a more moderate philosophy and was expressing that as a swing vote on the high court.

BORK: I think that referring to a moderate philosophy and a conservative philosophy and so forth is quite wrong. The question is, those judges who depart from the actual Constitution, and those who try to stick to the actual Constitution.

She departed from it frequently. So that I wouldn’t call that moderate. I would call it unfortunate. But she is — she is — as a result, she often determined the outcome by swinging from one side to the other.

KAGAN: OK. Instead of looking back on Judge O’Connor, let’s look forward.

Whatever nominee, whoever is picked, whoever President Bush picks, they use your nomination process as an example of what they don’t want to happen. A lot of people — a lot of conservatives do wish that you had been confirmed and serving on the high court. Instead, it’s been Justice Kennedy, who has been more moderate than a lot of people think.

BORK: I wish you would stop using the word “moderate.” But go ahead.

KAGAN: Well, no. What would you use? How would you compare what Justice Kennedy has done instead of perhaps what you have done if you had been on the court.

BORK: I would call it activist.

KAGAN: OK. So you would like to see — actually, you bring up a good point. This is a time in U.S. history that’s not just talking about who is going to be the next person on the U.S. Supreme Court, but when the whole topic of what the judicial system and how it operates in this country is up for debate.

BORK: That’s right, because it’s really a cultural fight now. The Supreme Court has made itself into a political and a cultural institution rather than a legal institution, so that both sides see it in political terms.

You can access the complete transcript at this link (scroll down to the bottom of the page).

Posted at 12:10 PM by Howard Bashman



U.S. Senator Joseph R. Biden Jr. (D-DE) says that he would filibuster D.C. Circuit Judge Janice Rogers Brown if she is nominated to replace Sandra Day O’Connor on the U.S. Supreme Court: Senator Biden appeared on today’s broadcast of the CBS News program “Face The Nation.” Senator Biden originally stated that he would filibuster Fifth Circuit Judge Edith H. Jones, but then guest interviewer Jan Crawford Greenburg of The Chicago Tribune asked Senator Biden about Judge Brown, and Senator Biden said that he had originally misspoken and meant to say that he would filibuster Judge Brown, rather than Judge Jones. Once the transcript of today’s program becomes available, I will link to it.

Posted at 10:48 AM by Howard Bashman



“Court’s Liberal Bloc Stands Firm; Justice Stevens and his faction forge majorities in the biggest cases this term; Losing O’Connor may affect but probably won’t dissolve its sway”: David G. Savage has this article today in The Los Angeles Times.

The LATimes today also contains a news analysis headlined “High Noon for High Court: A polarizing showdown over O’Connor’s seat may alienate a public that prefers the middle” and an article headlined “White House Plans to Consult With 2 Parties; Officials are to ask each side to weigh in, an aide says, as a battle over the high court opening stirs.”

And in commentary, The LATimes today contains an op-ed by Law Professor Cass R. Sunstein entitled “O’Connor’s Balancing Act” and an op-ed by Law Professor Orin S. Kerr entitled “O’Connor’s Replacement Is Likely to Be a Swinger; Some assume Bush will nominate a justice who consistently votes with conservatives.”

Posted at 9:45 AM by Howard Bashman



“Disorder in the Court”: Today in The New York Times, Law Professor Stephen L. Carter has an op-ed that begins, “I keenly remember the excitement at the Supreme Court when President Ronald Reagan announced the nomination of the little-known Sandra Day O’Connor to replace the retiring justice, Potter Stewart, in 1981.”

Posted at 8:38 AM by Howard Bashman



In the July 11, 2005 issue of Newsweek: The magazine’s cover story is a lengthy article by Evan Thomas and Stuart Taylor Jr. headlined “Queen of the Center — The Swing Vote: She’s a cowgirl from sagebrush country, a pioneer who defied the odds; The life and legacy of a moderate justice.”

And a related article is headlined “The Holy War Begins: Bush must choose between the big tent or the revival tent; Inside his Supreme Machine.”

Justice O’Connor’s retirement is also the cover story of Time magazine’s July 11, 2005 issue, but the text of its lead article is not freely available online.

Posted at 8:20 AM by Howard Bashman



Saturday, July 2, 2005

In news from Kansas: The Kansas City Star provides a news update headlined “Court threatens Kansas school funding cutoff” that begins, “The Kansas Supreme Court threatened today to cut off state funds to public schools — which could shut them down until lawmakers appropriate an additional $143 million.”

The Wichita Eagle provides news updates headlined “Kansas Supreme Court to consider closing schools” and “Lawmakers head home with no school funding agreement.” Today’s edition of that newspaper, meanwhile, contained an article headlined “Legislators remain deadlocked; Late Friday, it appeared the House and Senate would not meet the court’s deadline to increase school funding.”

And The Topeka Capital-Journal today contains articles headlined “No one’s budging: No plans have passed; constitutional amendment remains sticking point” and “Kline seeking to block court.”

Posted at 11:50 PM by Howard Bashman



In Sunday’s edition of The Washington Post: Tomorrow’s newspaper will contain front page articles headlined “Activists Gear Up For Nominee Fight; Many Conservatives Aren’t Behind Gonzales for the Supreme Court” and “The Right’s Moment, Years in the Making.”

In related news, “Parties Line Up Strategies for Hearings on Nomination; Senate Republicans Seek Rapid Confirmation To Avoid Divisive Issues.”

The newspaper will also contain articles headlined “O’Connor Successor Debated; Views Differ on Whether a Female Replacement Is Needed” and “Feminists on O’Connor: A Mixed Verdict.”

And Law Professor Linda Ross Meyer will have an op-ed entitled “Supreme Difference: Why the Court Still Needs The O’Connor Approach.”

Posted at 11:45 PM by Howard Bashman



“Supreme Court Justice O’Connor steps down”: U.S. News & World Report provides this coverage, along with an article headlined “Big fight likely in wake of O’Connor retirement.”

The Baltimore Sun today contains articles headlined “O’Connor steps down; 1st woman on Supreme Court announces her retirement“; “Future of abortion could be at issue“; “Much is at stake with Bush’s choice“; “Justice changed culture by being on the bench; Many liberal women supported conservative as an inspiration“; “Stage set for battle over a nominee to high court; Lawmakers on both sides praise O’Connor, a centrist in her post“; and “Bush gets chance he has waited for; President eager to install a justice who shares his ideals, ensures his legacy.”

The Birmingham News today contains an article headlined “Sessions: Consider Pryor for Court.”

The Boston Globe contains articles headlined “Nominee battle looms for court; O’Connor retires after 24 years“; “Pragmatist used swing-vote clout“; “Stage set for clash over social issues“; and “Democrats’ threat could set up showdown over nominee.” The newspaper also contains an editorial entitled “O’Connor’s common sense” and an op-ed by Law Professor Charles J. Ogletree Jr. entitled “Justice O’Connor’s legacy.”

The Charlottesville Daily Progress reports that “O’Connor departure turns eyes to judge.”

The Columbia (S.C.) State contains articles headlined “Graham-brokered deal faces its toughest test; Compromise to end filibusters on judicial nominees could collapse on nomination to replace O’Connor“; “O’Connor developed strong connections to S.C.“; “Orangeburg woman long shot for court seat“; and “O’Connor cast crucial swing votes on key issues.”

The Denver Post contains articles headlined “Supreme battle looming; Stakes high as O’Connor will leave top court“; “Conservative Christians gearing up“; and “Justice: Court needs expert on West’s water law.”

The El Paso Times contains articles headlined “O’Connor’s exit opens door for Bush to select Hispanic“; “‘She was brilliant’; Friends remember teen as ‘superb’ dancer“; and “O’Connor often cast swing vote.” The newspaper also contains an editorial entitled “Bush should nominate another O’Connor.”

The Hampton Roads (Va.) Daily Press reports that “Warner urges Bush to choose centrist; With a Supreme Court seat up for grabs, Virginia’s senior senator hopes to have a bipartisan deal that spares the Senate a long confirmation battle.”

The Houston Chronicle reports that “Battle lines forming to replace O’Connor; Retirement yields first opening in 11 years; As Bush gets his first opportunity to shape the court, partisans digging in for an epic fight.”

The Kansas City Star reports that “Brownback to bask in debate spotlight.”

The Las Vegas Review-Journal reports that “Reid says replacing O’Connor needn’t be divisive; All five Nevadans in Congress praise retiring judge.”

The Lynchburg (Va.) News & Advance reports that “Falwell, conservatives want a ‘true believer.’”

The Milwaukee Journal Sentinel reports that “With retirement comes an intense fight; 2 Wisconsin Democrats to be in thick of battle.”

The Minneapolis Star Tribune contains articles headlined “Battle begins for O’Connor’s successor” and “Dayton, Coleman agree to cooperate — sort of.”

The Newark Star-Ledger contains articles headlined “O’Connor to retire from top court; Ferocious Senate battle expected over successor to the court’s first woman” and “For nominee, there’s no middle ground; Senate’s Judiciary Committee, a bastion of extremism, will be a tough test for Bush’s pick.”

Newsday contains an article headlined “A chance for Bush to tilt court to right; Decisions in touchy cases may change if conservative is chosen to fill Justice O’Connor’s seat on Supreme Court.”

The Philadelphia Daily News contains an article headlined “With O’Connor leaving, who’s in line for bench?”

The Pittsburgh Post-Gazette contains articles headlined “Surprise move: After 24 years, Justice Sandra Day O’Connor retiring” and “Last day reflected O’Connor’s legacy.”

The Richmond Times-Dispatch contains articles headlined “Virginians Luttig, Wilkinson seen as possible choices” and “Riggins’ uncourtly words created no hard feelings.”

The Rocky Mountain News contains articles headlined “O’Connor ‘absolutely tuned in’; Lawyers praise her courage, probing questions, fairness“; “Emotions run gamut; Abortion activists feel thrills, chills“; and “Allard, Salazar say they hope to avoid a divisive showdown.” The newspaper also contains an editorial entitled “O’Connor’s exit good for court; One less swing voter” and an op-ed by columnist Mike Littwin entitled “O’Connor gone is a Supreme shake-up.”

The Sacramento Bee contains articles headlined “Pivotal court fight ahead; O’Connor’s departure could shift philosophical balance“; “Pragmatism called driving force behind justice’s rulings“; and “O’Connor’s likely legacy: She found the middle ground.”

The San Antonio Express-News contains articles headlined “Trailblazer O’Connor at end of her road“; “Several Texans turn up on the list of O’Connor’s possible replacements“; and “South Texas judges praise the retiree.”

The San Francisco Chronicle contains articles headlined “Centrist Justice O’Connor’s retirement sets stage for shift in divided high court“; “She used her pivotal vote to make the law work“; “Can Bush find a nominee to please the right without divisive confirmation fight?“; and “Worries over successor mix with words of praise.”

The San Jose Mercury News contains articles headlined “Swing vote gave O’Connor power to shape court” and “High court vacancy raises Latino hopes; Some think appointment mught help GOP draw more traditional Democrats to Bush.”

The St. Petersburg Times contains an article headlined “Exit, O’Connor; enter, new court.”

The Topeka Capital-Journal contains an article headlined “Kansas scholars praise justice.”

The Washington Times contains articles headlined “The battle for the court begins“; “Justice O’Connor had pivotal role in big rulings“; “Bush revisits options“; and “Democrats warn Bush to consult.” The newspaper also contains an editorial entitled “Justice O’Connor retires.”

And The Waynesboro News Virginian reports that “Virginia experts see all-out political war on successor.”

Posted at 8:40 PM by Howard Bashman