How Appealing

Tuesday, August 16, 2005

“Democrats Feel Heat From Left on Roberts; Groups Say Fight Should Be Stronger”: The Washington Post on Wednesday will contain this front page article, along with articles headlined “Library Missing Roberts File; Papers Lost After Lawyers’ Review” and “Judge Heard Terrorism Case As He Interviewed for Seat.”

And Wednesday’s edition of The New York Times will contain articles headlined “Senate Democrats Increase Resistance to Roberts” and “Meese’s Influence Looms in Today’s Judicial Wars.”

Posted at 11:58 PM by Howard Bashman

“Nominee’s Letters From 80’s Show a Lighter Side of Work”: This article will appear Wednesday in The New York Times.

Wednesday’s edition of The Times of London reports that “Bush’s choice for Supreme Court sparks abortion row.”

Wednesday’s edition of The Hill will report that “The limelight shines yet brighter on Sen. Schumer.”

And The Washington Post on Wednesday will contain an op-ed by Deborah Ellis entitled “Questions For John Roberts.”

Posted at 10:05 PM by Howard Bashman

“Appeals court to consider challenges to flag-desecration law”: The Associated Press reports here that “A 10th U.S. Circuit Court of Appeals panel will hear arguments Wednesday on the constitutionality of a Utah law that bans desecration of U.S. and state flags.”

Posted at 9:01 PM by Howard Bashman

“Leahy Lambastes Roberts’ ‘Radical’ Stands”: The Associated Press provides this report. You can access here today’s “Statement Of Senator Patrick Leahy (D-Vt., Ranking Member, Senate Judiciary Committee) On The Recent Documents Relating To The Roberts Nomination.”

Posted at 8:53 PM by Howard Bashman

“Key bankruptcy provision upset; OC exit likely to be further delayed”: The Toledo Blade today contains an article that begins, “In a significant development that could force Owens Corning’s bankruptcy lawyers back to the drawing board, a federal appeals court yesterday overturned a key provision of the firm’s plan for exiting Chapter 11.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 8:30 PM by Howard Bashman

Eleventh Circuit refuses to reinstate $1.3 billion verdict against Tyson Fresh Meats, Inc. in suit brought by a national class of cattle producers who sell their cows raised specifically for slaughter to meat-packing plants exclusively on the cash market: If you are interested in the Packers and Stockyards Act of 1921 or learning how that filet mignon reached your plate, today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit is worth a look.

Posted at 4:45 PM by Howard Bashman

“Queer Eye for the Gipper Guy”: The blog “Wonkette” provides a post that begins, “An alert Wonkette operative draws our attention to Judge John Roberts’ gay-tastic-ness: He was a total snob about china patterns.”

Posted at 4:28 PM by Howard Bashman

“An Establishment Conservative? What John Roberts might mean for the Supreme Court’s views on religion in the public sphere.” Christopher Levenick has this essay online today at The Weekly Standard.

Posted at 3:08 PM by Howard Bashman

“Our holding that a parent does not have a constitutional right of companionship with an adult child is in no way meant to minimize the loss of an adult child as compared to a minor child.” A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today has issued an opinion that concludes:

Our holding that a parent does not have a constitutional right of companionship with an adult child is in no way meant to minimize the loss of an adult child as compared to a minor child. The loss of a child at any age, under any circumstances, is one of the most difficult experiences a parent can endure. While the parent/adult child relationship is an important one, the Constitution does not protect against all encroachments by the state onto the interests of individuals. Instead, it is the province of the Florida legislature to decide when a parent can recover for the loss of an adult child. We will not circumvent its authority through an unsupported reading of the Fourteenth Amendment.

You can access the complete decision at this link.

Posted at 3:02 PM by Howard Bashman

“RICO-suave”: An eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued its ruling today in Diaz v. Parks, a case presenting the question “Is an injury to an arrestee’s ability to earn a living that resulted from prosecution an injury to his business or property which is actionable under RICO?” The majority opinion is nominally “per curiam,” but it appears to have been written by that Ninth Circuit judge who doesn’t italicize his “v.”s.

This post’s title appears in a sentence found on page nine of the opinion: “Though the dissent is wrong to suggest that our approach would confer standing on any plaintiff RICO-suave enough to allege lost employment, it is right to point out that our approach allows more claims to go forward than its more restrictive theory.” More “Rico suave”-related information is available here.

Posted at 1:34 PM by Howard Bashman

“Eminent domain activist to visit supporters in Weare”: The Manchester Union Leader today contains an article reporting from Weare, New Hampshire that begins, “Logan Clements, the California activist who has proposed building a hotel on land owned by Supreme Court Justice David Souter, announced yesterday he will come to town Saturday to next Tuesday to meet local supporters.”

Posted at 12:32 PM by Howard Bashman

“Dirty political strategies should be avoided, aborted”: The Amarillo Globe-News today contains an editorial that begins, “U.S. District Judge John Roberts is set to appear Sept. 6 before the Senate Judiciary Committee, which will help determine whether Roberts takes a seat on the U.S. Supreme Court.”

Posted at 12:28 PM by Howard Bashman

“Diaz now faces tax evasion charges; March indictment also accuses justice of filing false return for 1999”: The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, “State Supreme Court Justice Oliver Diaz Jr. won a victory last week when a jury acquitted him on all federal corruption charges. Now he faces new ones that accuse him of tax evasion.” The newspaper also contains an op-ed by columnist Eric Stringfellow entitled “Diaz trial puts flaws of system on display.”

The Biloxi Sun Herald today reports that “Diazes indicted; Supreme Court justice, ex-wife face 3 counts of federal tax evasion.” And in related coverage, “Heads spinning at judicial watchdog agency.” You can view at this link the indictment unsealed yesterday.

Posted at 12:15 PM by Howard Bashman

Today’s rulings of note from the U.S. Court of Appeals for the Eighth Circuit: Those with an interest in the operation of the Missouri River system are in luck, as today the court released two separate opinions (see here and here) captioned In re: Operation of the Missouri River System Litigation.

In a separate ruling, today the court rejected former Arkansas Governor Jim Guy Tucker’s latest efforts to overturn his federal tax-related criminal convictions.

And in today’s final ruling of note, the court rules that “We agree with the district court that a presumption of delivery should apply to e-mails.” Nevertheless, because several attorneys failed to receive via email notice of the federal district court order whose issuance started the time in which to appeal, the appellate court has remanded the case for an evidentiary hearing to determine whether the time in which to appeal should be reopened.

Posted at 11:32 AM by Howard Bashman

“Shaping the court in their image:A right-wing telecast spreads misinformation about federal judges and shows a desire to weaken Supreme Court.” This editorial appears today in The Oregonian.

Posted at 11:15 AM by Howard Bashman

“Roberts criticized equal pay decision; ‘Comparable worth’ theory ridiculed”: Jan Crawford Greenburg and Naftali Bendavid have this article today in The Chicago Tribune.

Posted at 10:15 AM by Howard Bashman

“Law Firm Sanctioned for Forest Service Suit; Judge orders developer’s lawyers to pay $267,000 for a ‘frivolous’ action against federal workers”: Henry Weinstein has this article today in The Los Angeles Times.

Posted at 9:25 AM by Howard Bashman

“Strictly Judicious: Are strict constructionists anti-civil rights?” Peter Kirsanow has this essay today at National Review Online.

Posted at 9:08 AM by Howard Bashman

“Memo Cited ‘Abortion Tragedy’; Roberts Backed Service for Fetuses”: This front page article appears today in The Washington Post, which also contains an article headlined “Young Roberts To King of Pop: Request Denied.”

In The Los Angeles Times, David G. Savage and Henry Weinstein report today that “Files From Roberts’ Reagan Years Are Released; The nominee supported keeping records secret, prayer in schools and an antiabortion cause.”

In USA Today, Joan Biskupic and Toni Locy report that “Roberts scoffed at equal-pay theory; In 1984 memo, he called idea ‘radical.’” The newspaper also reports that “Tour targets ‘moderate’ Dems.”

Newsday reports that “Nominee Roberts, in ’84, called equal pay for women ‘radical.’

In The New York Sun, Josh Gerstein has an article headlined “How Roberts Set A Collision Course With Maine’s Snowe.”

The Portland Press Herald reports that “1984 memo by Roberts was critical of Snowe.”

In The Boston Globe, Charlie Savage reports that “Roberts papers hint at his views on church-state issue.”

In The Pittsburgh Post-Gazette, Michael McGough reports that “Roberts backed efforts to allow silent prayer in schools; Memos from 1980s released.”

The Washington Times contains articles headlined “Nominee supported prayer in schools, documents show” and “Roberts started on path to success at young age.”

In commentary, The Houston Chronicle contains an editorial entitled “Wrong about Roberts: NARAL damaged cause, credibility with ad.”

The San Antonio Express-News contains an editorial entitled “Aimed at court nominee, gutter-level ad backfires.”

USA Today contains an editorial entitled “Will Roberts leave you alone? His legal record raises questions on whether he accepts right to privacy.” And Bruce Fein has an op-ed entitled “Respect the Constitution: Supreme Court should correct its mistake in creating privacy right.”

From The Boston Globe, columnist Derrick Z. Jackson has an essay entitled “Religious right bashes the courts,” while columnist Joan Vennochi has an op-ed entitled “Abortion’s changing landscape.”

In The Washington Times, David Limbaugh has an op-ed entitled “Judicial activism vapors.”

In The Philadelphia Daily News, Carol Towarnicky has an op-ed entitled “Does privacy still matter?

And FindLaw commentator Elaine Cassel has an essay entitled “If Judge John Roberts Takes Sandra Day O’Connor’s Seat, How Will the Supreme Court’s Death Penalty Jurisprudence Change?

Posted at 6:33 AM by Howard Bashman