Available online from The New Republic: The magazine’s August 1, 2005 issue will contain an essay by Law Professor Jeffrey Rosen entitled “Bottoms Up: John Roberts is a conservative, not an ideologue.”
The August 1st issue will also contain an essay by Law Professor Cass R. Sunstein entitled “Minimal Appeal: John Roberts is a respected intellectual who eschews fundamental questions of law.”
And the July 25, 2005 issue of the magazine contains an essay by Michael Crowley entitled “Miranda Rights: How the once-disgraced conservative judicial activist Manuel Miranda is getting back on his feet.”
“U.S. court wants Unabomber’s journals to be sold; Proceeds from sale would be used to pay his victims”: Bob Egelko has this article today in The San Francisco Chronicle.
“Product is judge; market is America; White House script for John Roberts Jr. handled judiciously”: This article appears today in The Chicago Tribune.
In today’s issue of The Washington Times: An article reports that “Democrats demand legal papers.”
In related coverage, “Big push for judge surprises liberals” and “Sen. Byrd praises Bush on nominee.”
And an editorial is entitled “Schumer’s chutzpah.”
“Memo at Reagan Library Sheds Light on Roberts’s Civil Rights Views”: Josh Gerstein has this article today in The New York Sun.
In today’s edition of The Boston Globe: Charlie Savage reports that “Civil rights groups cite concerns over Roberts; Question record on voting, busing.”
In related coverage, “Wife’s role in women’s group now in focus” and “Nominee stresses ‘modesty,’ ‘stability’; Remarks ease conservatives’ ‘activist’ fears.”
And columnist Scot Lehigh has an op-ed entitled “A principled conservative.”
The Los Angeles Times is reporting: Today’s newspaper reports that “Roberts Unlikely to Trigger Break of Filibuster Pact; Centrist senators say the nominee does not seem ‘extraordinary’ enough for Democrats to block.”
In related coverage, “A Resume Strong on Business; John G. Roberts Jr., who had a lucrative private practice, was the ‘go-to lawyer’ for the corporate world, a supporter says“; “Hot-Button Issues Will Be on Court’s Front Burner; The new justice will have to take stands on the death penalty, abortion and more from the start“; and “Activists Lack Allies in Battling Court Pick.”
In other news, “Unabomber’s Papers May Go Up for Sale; Appeals court orders a detailed plan, saying the proceeds of auctioning Kaczynski’s writings would begin restitution to his bombing victims.”
And Jonathan Chait has an op-ed entitled “The (over)exercise of power” that begins, “A week ago, when President Bush met with Judge J. Harvie Wilkinson III to interview him for a potential Supreme Court nomination, the conversation turned to exercise.”
In today’s issue of The Washington Post: In addition to the article noted two posts below this one, today’s newspaper reports that “Hearings’ Topic A May Be a Surprise; Democrats Raise Commerce Issue.”
In related coverage, “Nominee’s Wife Is A Feminist After Her Own Heart” and “An Image A Little Too Carefully Coordinated.”
An article reports that “O’Connor Bemoans Hill Rancor at Judges.”
Columnist Charles Krauthammer has an op-ed entitled “Roberts’s Blank Slate.”
And Law Professor William P. LaPiana has an op-ed entitled “A Narrow Path To the Court.”
In today’s edition of The New York Times: Adam Liptak reports that “In His Opinions, Nominee Favors Judicial Caution.”
In related coverage, “Making His Rounds, Nominee Is Pressed to Become More Forthcoming This Time” and “A Year of Work to Sell Roberts to Conservatives.”
An article reports that “O’Connor Sees Strains Between the Judiciary and Some in Congress.”
And in other news, “Court Orders Plan for Papers of Unabomber.”
To access some of U.S. Supreme Court nominee John G. Roberts, Jr.‘s “confidential” government memos, apparently all one needs to do is visit the Ronald W. Reagan Presidential Library: The Washington Post today contains a fascinating front page article headlined “The Nominee As a Young Pragmatist; Under Reagan, Roberts Tackled Tough Issues.”
Update: The Washington Post has made available examples of such one-time “confidential” memos here, here, and here.
“Gonzales Foresees Hispanic on High Court”: The Associated Press provides this report.
“The sudden death of Romney’s dream: What once seemed like a clever ploy has become a political and policy disaster for the governor.” This week’s issue of The Boston Phoenix contains an article that begins, “It seemed like a good idea at the time. When Mitt Romney first announced his desire for a ‘gold standard’ death penalty almost two years ago, it looked like a reasonable bet — both as politics and as policy.”
Today in The Sacramento Bee: The newspaper contains articles headlined “Forces line up for, against court nominee” and “Cattle decision delayed.”
Available online from law.com: Jeff Chorney reports that “9th Circuit Orders Unabomber Papers Sold for Restitution.”
Tony Mauro has an article headlined “Transitioning O’Connor’s Clerks.”
In related news, “Recalling John Roberts From His Harvard Days.”
And in news from Florida, “Judge Steps Aside After Litigant Hires Employer of Jurist’s Wife; Action constitutes sixth recusal by a judge in a case that has dragged on for nearly 10 years” and “Blogs Make for Nasty Times in Workplace; Ugly spat over editors’ comments on Internet highlight peril companies face with employee Web logs.”
“John Roberts: Young, Fit, and Not Bald; Men’s Style Experts Say Nominee has Collegiate Panache”: This article appears today in The New York Sun. Inexplicably, the article fails to mention that the nominee was recently judged the #5 Male Superhottie of the Federal Judiciary.
The federal government’s Brief for Petitioners filed in the U.S. Supreme Court in the Solomon Amendment case can now be accessed online: “SCOTUSblog” has posted the brief online here. I read the brief in typescript form when my copy arrived at my office in yesterday’s mail, and I found the federal government’s arguments to be very strong. As I noted here last week, I’ll be debating the case in support of the federal government’s position, against the law professor who is FAIR’s founder and president, this November at the University of Chicago Law School at an event hosted by that school’s American Constitution Society chapter.
The Hartford Courant is reporting: In today’s newspaper, Lynne Tuohy has an article headlined “‘Legislating From The Bench’: Bush Phrase Gets Judged.” And in related coverage, “State’s Senators Key.”
“Filibuster on Supreme Court Nominee Appears Unlikely”: The New York Times provides this news update.
The Washington Post provides a news update headlined “Key Lawmakers Say They See No Need for Filibuster.”
And The Los Angeles Times provides a news update headlined “Filibuster Over Roberts Is Unlikely.”
The Knight Ridder Newspapers are reporting: Shannon McCaffrey reports that “Abortion looms as key issue in Roberts’ confirmation battle.”
And Stephen Henderson reports that “Roberts built arguments on all sides of the political spectrum.”
Public radio programming available online: This evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “Picking a Political Winner for the Supreme Court.”
Yesterday’s broadcast of “Here and Now” contained segments entitled “Supreme Court Nomination” (featuring Lyle Denniston); “Senator Kennedy Responds to Bush’s Nomination“; and “Confirmation History.”
Yesterday’s broadcast of “The Connection” contained a segment entitled “And the Nominee Is….”
Yesterday’s broadcast of “On Point” contained a segment entitled “Justice Roberts?” And Tuesday’s broadcast included a segment consisting of President Bush’s announcement of the nominee and a discussion of the nomination with various commentators and law professors.
Finally, Law Professor Ann Althouse discussed the nomination this morning on Wisconsin Public Radio (click here to listen).
RealPlayer is required to launch these audio segments.
Recently on the PBS program “The NewsHour with Jim Lehrer“: This past Tuesday’s broadcast contained segments entitled “Supreme Court Pick” and “Padilla Case” (transcripts with links to audio and video).
Yesterday’s broadcast contained segments entitled “Supreme Court Choice“; “President Bush’s Selection“; “Newsmaker: Andrew Card“; and “Newsmaker: Sen. Charles Schumer” (transcripts with links to audio and video).
And from this evening’s broadcast, you can access by clicking here (RealAudio required) the audio from a segment entitled “Supreme Court Nominee Visits Capitol Hill.”
“A six-pronged strategy for defeating Roberts; It will be friends of ‘the hapless toad’ versus Bush’s high court nominee”: Tom Curry, national affairs writer for MSNBC, provides this report.
In Friday’s edition of The Christian Science Monitor: Warren Richey will have an article headlined “Clues on how Roberts might act on high court: His record while at a federal appeals court, though sparse, shows a resistance to limits on presidential power.”
And Gail Russell Chaddock will have an article headlined “Ideology’s high profile in hearings; It’s figured before, but not always overtly.”
“Court overturns Texas death sentence over juror’s gun”: Reuters provides this report. And The San Antonio Express-News reports that “Court tosses ’97 death sentence.” I first noted yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit in a post you can access here.
“Man testifies he blacked out when his penis was severed; Woman’s assault trial begins with testimony from injured ex-lover”: Although I’ll be making a blog-related trip to Houston next Tuesday and Wednesday, I don’t plan on providing in-person coverage of this matter.
“NWI in judicial spotlight — Candidate’s ties to area run deep”: The Post-Tribune of Merrillville, Indiana today contains an article that begins:
The press room at the Bush White House wasn’t the only place abuzz with speculation over Supreme Court nominee John G. Roberts Jr.
Local reaction poured out in Northwest Indiana almost immediately after President Bush, in a news conference with Roberts, announced his nominee had worked in a steel mill in Indiana.
The former Long Beach resident grew up near Michigan City in LaPorte County, and his father managed the Bethlehem Steel plant in Burns Harbor. His selection brought national attention to the area, as even Time magazine sent reporters to Roberts’ old high school.
Valparaiso is home to many Roberts supporters, including his sister and a high school acquaintance who now works downtown as a pharmacist at Gil’s Drugs.
Jesse J. Holland of The Associated Press reports that “Roberts Likely Won’t Face Filibuster.” The AP also offers items headlined “Roberts Nomination Revs Up Senate’s Pace“; “Poll: Roberts’ Abortion Stance of Interest“; and “Results of AP-Ipsos Poll on John Roberts.” More information from the poll can be accessed here (PDF).
The Buffalo News reports today that “Roberts nomination draws praise; John G. Roberts Jr.’s stellar legal record and stealth political views are seen as assets by legal experts.”
Newsday today contains articles headlined “Let the bench jockeying begin; One day after the nomination of Roberts, pro and con marshal forces, with history in the balance“; “The confirmation clash; Special interest groups plot varying strategies in getting their message out, for or against judicial pick“; and “Hometown had faith in his success.”
Also in Newsday today, Law Professor Jack M. Balkin has an op-ed entitled “A nominee after Bush’s own heart.” Jim Copland has an op-ed entitled “Supreme Court’s new glue? John Roberts has the potential to be the next Rehnquist, pulling together a divided group of justices.” Columnist Sheryl McCarthy has an essay entitled “Knee-jerk reactions, left and right.” And columnist James P. Pinkerton has an essay entitled “New Media add fuel to nominee fight.”
The San Antonio Express-News reports that “Hispanics aren’t pleased with Bush’s action.”
Online at the First Amendment Center, David L. Hudson Jr. has an essay entitled “High court nominee well-versed in First Amendment.”
Red Herring offers an item headlined “Court Pick Deferred to FCC; Supreme Court nominee John Roberts has a record of deferring to the U.S. Federal Communications Commission.”
Slate is hosting a breakfast table discussion titled “Roberts Reviewed.”
Today’s broadcast of NPR‘s “Day to Day” contained a segment (RealPlayer required) entitled “Judge Roberts and the Abortion Debate.”
America First Party has issued a press release titled “Property Rights: Bush Breaks Promise to Nominate a Thomas or Scalia.”
And Law Professor Brian Leiter has a post titled “The Nomination of Judge Roberts to the U.S. Supreme Court” in which he concludes, “He should not be confirmed because * * * one should not vote to confirm someone whose moral and political views are, on many of these issues, likely to be depraved and repellent.”
“O’Connor worried over future of federal judiciary”: The Spokesman-Review of Spokane, Washington provides this news update. The Associated Press reports that “O’Connor Saddened by Attacks on Judiciary.” And Reuters reports that “Independence of U.S. judiciary a concern-O’Connor.”
Coming soon to eBay — an auction of the Unabomber’s stuff: David Kravets of The Associated Press reports that “Court Orders Sale of Unabomber Writings.” And Reuters reports that “U.S. court backs sale of Unabomber’s property, papers.” You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“History Lesson; In Re Judge Roberts: Question Of ‘Originalism’ Looms Large; His Record Shows Affinity To Scalia’s Strict Doctrine But Also More Flexibility; Law-and-Order Conservative.” Jess Bravin has this front page article (pass-through link) today in The Wall Street Journal.
“Big Supreme Court struggle lies ahead”: Pulitzer Prize-winning historian David Garrow has this op-ed today in Financial Times.
Los Angeles Dodgers 1, Philadelphia Phillies 0: At least the game was mercifully short and the seats were great. Wraps and box score available here.
Programming note: This afternoon, I’ll be attending a meeting in South Philadelphia with visitors from Los Angeles. More later.
Eighth Circuit affirms grant of summary judgment rejecting defamation claim against publisher of air charter safety ratings: You can access today’s unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
“He’s No Souter: Many liberals are heartened by the possibility of Justice Roberts; They shouldn’t be.” Michael C. Dorf has this essay online at The American Prospect.
“The Presidents’ Man: Why John Roberts’ service in the White House Counsel’s office matters.” Hugh Hewitt has this essay today online at The Weekly Standard.
