How Appealing

Monday, August 1, 2005

“Democrats Seek Files of Cases Roberts Worked On as Deputy Solicitor General”: Tuesday’s edition of The New York Times will contain an article that begins, “Senate Democrats are seeking information on 16 specific cases that Judge John G. Roberts, the Supreme Court nominee, handled when he was deputy solicitor general under the first President Bush.”

Posted at 10:08 PM by Howard Bashman

“New ad challenges Bush’s choice for Supreme Court”: Tuesday’s edition of USA Today will contain an article that begins, “A coalition of liberal groups is airing the first TV ad challenging President Bush’s nomination of federal Judge John Roberts to the Supreme Court.” You can view the ad via this link or by clicking here (QuickTime) or here (Windows Media).

Posted at 8:45 PM by Howard Bashman

“Bush endorses teaching `intelligent design’ theory in schools”: The Knight Ridder Newspapers provide this report, which also notes that “Bush said he has no idea how Supreme Court nominee John G. Roberts would vote in a case challenging the legality of abortion because he never asked him about it.”

Posted at 8:40 PM by Howard Bashman

Divided Fifth Circuit panel holds that the Supreme Court of Louisiana may constitutionally deny nonimmigrant aliens the opportunity to seek admission to the Louisiana bar: Circuit Judge Edith H. Jones is the author of the majority opinion, dated last Friday but posted online by the court today. According to the ruling, in Louisiana, only aliens entitled to live and work in the United States permanently are allowed to obtain admission to the bar.

Posted at 3:40 PM by Howard Bashman

“Plaintiffs, a lesbian couple who are registered domestic partners, sued defendant country club, to which one of them belongs, alleging that the club’s refusal to extend to them certain benefits it extends to married members of the club constitutes marital status discrimination”: So begins today’s ruling of the Supreme Court of California.

Posted at 1:00 PM by Howard Bashman

ACLU press release reporting that Chief Justice William H. Rehnquist has retired fails to spawn the Chief Justice’s actual retirement: Recognizing that fact, the ACLU has now removed the text of the press release, formerly available here, from its web site. [Update: The blog “Southern Appeal” has made the press release available via this link.]

My earlier coverage, quoting the press release, can be accessed here, and The Washington Post’s “Campaign for the Supreme Court” blog has this write-up, followed by a comment from the ACLU’s media relations director confirming that the press release has been pulled from the ACLU’s site.

Posted at 12:08 PM by Howard Bashman

“Roberts and Scalia: Standing Side by Side; Article by Supreme Court nominee John Roberts Jr. defends position taken by Justice Scalia in controversial case.” Today’s issue of Legal Times contains this article (free access).

Posted at 10:04 AM by Howard Bashman

“Gay couple sue golf club over rules”: This article appeared on May 26, 2005 in The San Diego Union-Tribune. And today at 1 p.m. eastern time, the Supreme Court of California is scheduled to announce its ruling in the case.

Coverage of the oral argument can be accessed here from The Daily Journal of California. And I have collected additional news coverage of this case here and here.

Lambda Legal Defense and Education Fund provides online access to the briefs via this link.

Posted at 9:55 AM by Howard Bashman

“Will Sandra Day O’Connor’s resignation from the Supreme Court set women back? Diane Glass, a left-leaning columnist, writes the commentary this week and Shaunti Feldhahn, a right-leaning columnist, responds.” These essays appear online at the web site of The Atlanta Journal-Constitution.

Posted at 9:45 AM by Howard Bashman

“Unfinished Business: Is the state of constitutional law in such flux that it can’t be captured in a treatise?” Emily Bazelon has this essay in the August 2005 issue of The American Lawyer.

Posted at 9:30 AM by Howard Bashman

“Don’t Try This At Home: Appointing politicians to the Supreme Court is not the answer to what ails the Court.” Paul Mirengoff has this essay online today at The Weekly Standard.

Posted at 9:15 AM by Howard Bashman

“Why Roberts Shouldn’t Tell Us What He Thinks”: Stuart Taylor Jr. has this essay in today’s issue of National Journal.

Posted at 8:50 AM by Howard Bashman

Some dumb-ass questions for judicial nominees are timeless: But my “Most dumb-ass question for Judge Roberts” contest, announced here on Friday, is not.

To allow those fortunate to have spent this past weekend away from the computer a chance to participate, the contest will draw to a close at 8 p.m. eastern daylight time today. I will post online the winning entry, together with various other quite clever entries, at some point tomorrow.

Posted at 7:20 AM by Howard Bashman

“Debating the Subtle Sway of the Federalist Society”: This article appears today in The New York Times.

The Baltimore Sun reports today that “Roberts could swing high court toward greater executive power; National security cases are likely within next year.”

In The San Francisco Chronicle, Bob Egelko has an article headlined “‘Hapless toad’ case shows how court nominee thinks.”

The Pittsburgh Post-Gazette reports that “Roberts hearings test Specter-Leahy old cordiality.”

The Virginian-Pilot yesterday contained an article headlined “Supreme legacy: Justice O’Connor provided powerful role model.”

The Minneapolis Star Tribune reports today that “Legal society is strong in state.”

The August 8, 2005 issue of BusinessWeek contains a news analysis headlined “States vs. The Feds: All Eyes On Roberts; The fractious debate over federalism will be center stage at his confirmation hearings.”

Bloomberg News reports that “Roberts Debate Focuses on Respect for U.S. High Court Precedent.”

And The Gallup Organization has issued a press release entitled “Public Supports Roberts Serving on U.S. Supreme Court; A slim majority says Senate confirmation hearings will be a major political fight.”

In commentary, The Mobile Register contains an editorial entitled “Some diversionary sleaze.”

In The Los Angeles Times, Michael McGough has an op-ed entitled “Catholic judges and a higher authority: Roberts’ nomination raises questions about jurists caught between the law of the land and the laws of their church.”

In The Boston Globe, Cathy Young has an op-ed entitled “Why Roberts’s religion matters.”

In Newsday, Lauren Terrazzano has an op-ed entitled “Rehnquist’s right to keep forging ahead; The chief justice’s cancer shouldn’t disqualify him from continuing to report to work each day.”

FindLaw commentator Julie Hilden has an essay entitled “Supreme Court Nominee John Roberts’s Controversial Environmental Law Dissent: It Reveals Him As An Extreme Proponent of ‘States’ Rights’ Federalism, To the Detriment Of Endangered Species.”

And today in The Washington Times, Nat Hentoff offers “Fatuous instructions to senators,” while John B. Roberts II has an op-ed entitled “The scandal that wasn’t.”

Posted at 7:00 AM by Howard Bashman

“ACLU Wishes Rehnquist Well; Expresses Concern About Court Moving Further to the Right”: The American Civil Liberties Union today has issued a press release that begins:

The American Civil Liberties Union today wished retiring Chief Justice Rehnquist well in his battle with cancer, but warned that the Bush administration was now in a position to reshape the Supreme Court for the next generation.

“Though we disagreed with the Chief Justice on many issues, we wish him all the best,” said Steven R. Shapiro, the ACLU’s National Legal Director. “With two vacancies to fill on a closely divided Supreme Court, the stakes could not be higher.”

The complete press release can be accessed at this link.

Posted at 6:44 AM by Howard Bashman

“Minority Retort: How a pro-gun, anti-abortion Nevadan leads the Senate’s Democrats.” The August 8, 2005 issue of The New Yorker contains a profile that begins, “About twenty minutes before President Bush announced that John G. Roberts, Jr., was his choice to replace Sandra Day O’Connor on the Supreme Court, he telephoned Harry Reid, of Nevada, the Senate Minority Leader.”

Posted at 6:33 AM by Howard Bashman