Alliance for Justice files ethics complaint against Congressman F. James Sensenbrenner, Jr. (R-WI): You can view Nan Aron’s letter by clicking here. The letter begins, “As President of Alliance for Justice, I am writing in regard to a June 23, 2005 letter from House of Representatives Judiciary Committee Chairman F. James Sensenbrenner, Jr. to Joel Flaum, the Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, criticizing him for the recent decision by the court in United States v. Rivera while that case was pending.”
“The state Supreme Court says a judge has a responsibility to keep order when lawyers start calling each other names referring to chicken excrement.” So begins an article headlined “Lawyer insults cause reversal; High court pitches case over judge’s failure to stop name-calling” published Tuesday in The Charleston (W.Va.) Daily Mail (via “L-Cubed“).
The majority opinion of the Supreme Court of Appeals of West Virginia can be accessed here, while a concurring opinion is here.
In news from Seattle: The Seattle Times today contains an article headlined “Ressam judge decries U.S. tactics” that begins, “U.S. District Judge John Coughenour sentenced Ahmed Ressam to a 22-year prison term yesterday for attempting to bomb Los Angeles International Airport on the millennium’s eve, and used the occasion to unleash a broadside against secret tribunals and other war on terrorism tactics that abandon ‘the ideals that set our nation apart.'” A related profile of the judge is headlined “Maverick who speaks his mind.” And you can access here a transcript of the judge’s remarks.
The Seattle Post-Intelligencer today contains articles headlined “Ressam receives 22-year sentence; But U.S. judge lashes out at Bush policies on suspects” and “Outspoken judge draws praise, respect; He was appointed to the bench by Reagan in 1981.” And columnist Robert L. Jamieson Jr. has an essay entitled “Justice lost and found in Ressam terror case.”
The New York Times reports that “Terrorist in ’99 U.S. Case Is Sentenced to 22 Years.”
And The Los Angeles Times reports that “Would-Be Millennium Bomber Ressam Gets 22-Year Sentence; A judge settles on a midrange term after the Algerian fails to give authorities more help.”
The wire services are reporting: Jesse J. Holland of The Associated Press reports that “Roberts Assures Dem He Won’t Be Activist.” And The AP’s Gina Holland reports that “Bar Assn. Examines Roberts’ Credentials.”
Reuters, meanwhile, reports that “Republicans delay law limiting death row appeals.”
Ninth Circuit holds that, under the Treaty Clause of the U.S. Constitution, the United States may enter into a “treaty” with a non-sovereign entity, such as Hong Kong: A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision yesterday. The dissenting opinion, by contrast, concludes: “The question of whether the President has the constitutional authority to enter into treaties with non-sovereigns, like Hong Kong, is by its nature political and, thereby, non-justiciable.”
“New panel, date for detainees’ hearing”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The D.C. Circuit on Wednesday named a new — and more senior — panel of judges to hear the appeals in the cases of the detainees now being held captive at the U.S. Naval prison at Guantanamo Bay, Cuba. The panel also moved up the date of the hearing, to September 8.”
“The Proper Scope of Questioning for Judicial Nominees”: The U.S. Senate‘s Republican Policy Committee issued this report on Tuesday.
Don’t have a [motor vehicle collision with a] cow, man! This may at first seem to be an odd title for a post in which I am thanking my hosts from the Houston Bar Association‘s Appellate Practice Section for the very warm reception I received in speaking to that group yesterday. Getting to meet so very many fans of this blog in Houston yesterday made for a most enjoyable trip, and the Houston Bar Association should be very proud of the thriving nature of its Appellate Practice Section. (In other words, I was amazed that so many braved the heat and humidity of a late-July afternoon in downtown Houston to come and hear some law blogger give a talk). It was also great to hear during yesterday’s program some insights about the current U.S. Supreme Court nominee from a member of the Appellate Practice Section who was in John G. Roberts, Jr.‘s law school class.
Thanks to a case update distributed at yesterday’s meeting, I learned that Ohio is not the only State where cow-motor vehicle collision cases are litigated on appeal. Unlike in the Ohio case, however, the recent Texas appellate ruling did not present the question “whether a cow is an uninsured motor vehicle under appellants’ insurance policy.” My favorite take on the Ohio ruling is available here thanks to the always witty Justice William W. Bedsworth of the California Court of Appeal.
“Democrats Press for Roberts’ Reagan-Era Papers”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
“Pa. Court Strikes Down ‘Deep Pockets’ Tort Reform”: Insurance Journal provides this report on a ruling that the Commonwealth Court of Pennsylvania issued on Tuesday.
The Associated Press is reporting: Jesse J. Holland reports that “Dems Warn of Delay in Roberts Confirmation.”
In related news, “Roberts Would Be Fourth Catholic on Court.”
And an article reports that “Judges Keep Net Obscenity Law Intact.”
“Richey must remain on death row; A Scot will remain on death row in the US until the Supreme Court decides whether or not he will be retried”: BBC News provides this report.
And The Lima (Ohio) News reports that “Supreme Court justice places Richey’s case on hold.” According to the article:
Ken Parsigian, a Boston attorney representing Richey, said the order will delay the process by a few months. He said there still remains little chance the Supreme Court actually will take the case.
Parsigian also said he doubts Justice Stevens actually sat down to read the briefs before issuing the order. He said it’s likely a staff person handled the matter and Stevens signed off without giving it a careful look.
“If Justice Stevens actually sat down and read these papers I would bet large sums of my own money he would deny it,” Parsigian said.
Some things, perhaps, are better left unsaid.
“What the Co-Equal Branch Thinks: Enlighten the justice-to-be about the Senate’s take on legal debates.” Law Professor Neal K. Katyal has this op-ed in this week’s issue of Legal Times.
Just in time for the weekend: At 5 p.m. eastern time tomorrow, this eBay auction of a Justice Sandra Day O’Connor bobblehead doll will conclude.
Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined “State top court to decide on sentence in Knoller case; Justices to decide on reduction of conviction to manslaughter in fatal S.F. dog mauling” and “High court puts energy initiative back on ballot; Move overturns state appellate ruling on Prop. 80.”
“Judge OKs Utahn’s 3 ‘gay’ plates; Motor Vehicles Division has 30 days to appeal”: The Deseret Morning News contains this article today.
And today in The Salt Lake Tribune, columnist Holly Mullen has an essay entitled “GAYPLAT is cool, sez judge.”
“Charged issues fill Roberts’ writings”: This article appears today in The Chicago Tribune, along with an op-ed by Law Professor Geoffrey R. Stone entitled “President Bush’s blink: Bush promised to appoint justices like those he most admires; He has broken that promise.”
The New York Times today contains articles headlined “Panel Sends Judge 10-Page Questionnaire” and “Back in the Spotlight on Judicial Nominee.”
The Washington Post reports that “Access to Records May Be a Sticking Point; Democrats Push for Prompt Review.”
The Los Angeles Times reports that “Struggle Over Access to Roberts’ Memos Intensifies; The White House, citing attorney-client privilege, stands firm; Senate Democrats press harder, saying they need to review the information.”
Newsday contains an article headlined “Roberts tied to shifts in Justice policy” that begins, “In 1982, some career attorneys at the Justice Department grumbled to the press about what they called the “Rehnquist connection” and how it provided the intellectual underpinning for abrupt shifts in policy to the right, particularly on civil rights.”
The Knight Ridder Newspapers report that “Distinction between Roberts’ released, withheld writings questioned” and “Memos reveal Roberts’ strong advocacy for judicial restraint.”
The Baltimore Sun contains an article headlined “Where conservatives debate the law: Federalist Society mined for clues to thoughts of Bush pick for high court.”
In The Pittsburgh Post-Gazette, Michael McGough reports that “Roberts’ documents from early ’80s show a true believer in Reagan.” And in other coverage, “White House, Democrats spar over Roberts’ memos; Administration invokes attorney-client privilege.”
The Washington Times reports that “Democrats seek view on Roe from Roberts” and “Prayer bills ‘bad policy,’ Roberts wrote in ’85 memo.”
USA Today reports that “Media war over nominee still just a rumble; Roberts ad blitz stalls; interest groups’ voices may get louder in Sept.”
The Orlando Sentinel reports that “Roberts’ job ‘surprised’ Gov. Bush.”
The Milwaukee Journal Sentinel reports that “Feingold, Schumer reassured by Roberts’ talk of stability; Nominee meeting with senators before hearings.”
The Cincinnati Enquirer reports that “DeWine meets privately with high court nominee.”
The Cleveland Plain Dealer reports that “DeWine, Roberts have ‘nice discussion.’”
The Hispanic Link News Service reports that “Latino leaders have mixed reactions to Roberts nomination.”
And The Daily Pennsylvanian contains articles headlined “Specter to play leading role in Court battle; Penn alum, chair of Judiciary Committee to lead Senate hearing” and “Annenberg expert — Roberts a question mark.”
In commentary, The Wall Street Journal contains an editorial entitled “The Roberts Docu-Drama: The White House hurts its own executive privilege case.”
[More to come.]
“Bush nominee frustrates GOP senator at hearing; Specter says support may be in jeopardy”: The Chicago Tribune today contains an article that begins, “After politely sparring with Timothy Flanigan, a peeved Sen. Arlen Specter, the chairman of the Senate Judiciary Committee, hinted Tuesday he might not support President Bush’s choice to serve as second-in-command of the Justice Department if Flanigan wasn’t more willing to allow lawmakers to look over his shoulder.”
“Bid to Speed Death Penalty Appeals Under Fire; Conservatives and former prosecutors are among foes of a bill, before a Senate panel today, to curtail ‘endless’ delays in cases”: Henry Weinstein has this article today in The Los Angeles Times.
“An Online Artist Challenges Obscenity Law”: This article appears today in The New York Times.
“Roberts documents reveal a conservative”: CNN.com provides this report.
“On Question of Nominee Questions, No Clear Answer; History of Hearings Is Decidedly Mixed as Senators Prepare to Probe Roberts’s Legal Philosophy”: The Washington Post contains this article today.
“An Advocate for the Right”: This news analysis about U.S. Supreme Court nominee John G. Roberts, Jr. appears today in The New York Times.
Programming note: After my luncheon visit with the Houston Bar Association‘s Appellate Practice Section today, I’ll be heading home to the suburbs of Philadelphia. More later.
“Just what should we hear when listening to the past?” Today in The Houston Chronicle, columnist Cragg Hines has this op-ed about the debate over how to determine the meaning of the U.S. Constitution.
The Ninth Circuit — a court that gives a dam about salmon. The Seattle Times reports today that “Court upholds spills at 5 dams to help salmon.”
And The Oregonian reports today that “Federal court says dam spills will continue; The 9th U.S.Circuit Court of Appeals upholds a judge’s order on the Columbia and Snake to help at-risk salmon.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“This suit’s for you, ‘Buddyweiser'”: The St. Louis Post-Dispatch contains this article today.
“Convicted man’s level of intelligence key to his fate”: This article appears today in The Richmond Times-Dispatch.
And The Daily Press of Hampton Roads, Virginia reports today that “Death row inmate faces York/Poquoson jury; Daryl Atkins’ teachers say he did not seem capable of doing normal middle or high school class work.”
“Democrats Want to See Additional Roberts Documents”: This segment (RealPlayer required) featuring Nina Totenberg appeared on today’s broadcast of NPR‘s “Morning Edition.”
In commentary: Online at Reason, Nick Gillespie has an essay entitled “Making a Federalist Case: Does it matter whether John Roberts was a member of the Federalist Society?”
At Salon.com, Garrison Keillor has an essay entitled “Save your fire: There were worse nominees George Bush might have sent up to the Supreme Court, and he did not; So shake hands with John Roberts and wish him well.”
And at American Prospect Online, Matthew Yglesias has an essay entitled “Just Say No: Democrats don’t have to filibuster John Roberts — but they don’t have to vote for him, either.”
“ACLU sues over court oaths”: The News & Observer of Raleigh, North Carolina today contains an article that begins, “The North Carolina chapter of the American Civil Liberties Union has filed a lawsuit asking the state to rule that the term ‘Holy Scriptures’ refers not just to the Bible but to other sacred texts. The suit stems from a Superior Court judge’s decision not to allow oaths taken on the Quran, the Muslim holy book.”
And in other coverage, The News-Record of Greensboro, North Carolina reports today that “Suit filed over courtroom oaths.”
“It’s open season on private property”: Today in The Los Angeles Times, Rosa Brooks has an op-ed that begins, “Supreme court Justice David Souter must be ruing the day he joined the majority opinion in Kelo vs. City of New London, the controversial case that approved the Connecticut city’s plan to redevelop its waterfront by seizing homes and handing them over to private developers.”
“Chafee: Abortion-rights stance won’t sway his vote on Roberts; Strategically aligned in the ‘Gang of 14,’ the Rhode Island Republican has helped weaken the standing of Democrats who oppose the Supreme Court nominee.” The Providence Journal contains this article today.
“Early on, Roberts leaned to the right; Papers reveal a man willing to be pragmatic with other viewpoints, yet ready to defend his conservative stands”: This article appears today in Newsday.
“Roberts Helped Push Against ‘Activist’ Judges, Papers Show”: Bloomberg News provides this report.
