In Tuesday’s edition of The New York Times: Tomorrow’s newspaper will report that “Nominee Opposed Police Role for Agencies” and “Roberts Leaves Meeting With Homework.”
And in other news, “Rape Charge Follows Marriage to a 14-Year-Old.” I first noted this matter just over one month ago in a post you can access here.
“Roberts Can Expect Difficult Confirmation Process”: John Lott has this essay online at FOXNews.com.
“Alive and Kicking: Why no one truly believes in a dead Constitution.” Law Professor Jack M. Balkin has this jurisprudence essay online at Slate. And he has more to say on the subject in this blog post.
“Roberts Memo Urged Laws Prohibiting Busing, Quotas”: This article will appear Tuesday in The Washington Post.
Reuters provides reports headlined “U.S. sued over toad at center of Roberts’ case” and “US Court nominee to expect questions on torture.”
Newsday on Tuesday will report that “Roberts’ rights views shown.”
In commentary, Tuesday’s edition of The Washington Post will also contain an op-ed by columnist E.J. Dionne Jr. entitled “The Democrats’ Supreme Conundrum.”
And Tuesday in USA Today, DeWayne Wickham will have an op-ed entitled “Democratic deal-makers once again sell out blacks,” while Kathleen Parker will have an op-ed entitled “Recent hearings haven’t done us proud.”
Available online from law.com: An article describes “How a Small-Firm Attorney Took On Merck and Won.”
An article is headlined “11th Circuit Judge: Timeliness Precedent Is Too Strict; To follow case law, federal appeals court upheld ‘erroneous’ prison sentences.”
And in news from Florida, “U.S. Attorney’s Porn Fight Gets Bad Reviews; Obscenity Prosecution Task Force will focus on Internet crimes and peer-to-peer distribution of pornography.”
“Leahy Urges Roberts To Keep Open Mind”: This evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” included this segment (transcript with link to audio).
Available online from C-SPAN: This past Saturday’s broadcast of “America & the Courts” was entitled “Interviews with Teacher, Friend & Colleague of Judge Roberts.” Because I haven’t yet viewed the program, I don’t know whether the friend was asked about this photograph in which they appear together; the blog “Underneath Their Robes” dwells on the photo in this post.
Two Saturdays ago, “America & the Courts” aired a program entitled “John Roberts DC Court of Appeals Confirmation Hearing.”
And today’s broadcast of “Washington Journal” contained a segment entitled “Rev. Barry Lynn, Separation of Church & State, & Jay Sekulow, American Center for Law & Justice.”
“A Rotten Ruling”: Law Professor Lawrence Lessig has this Grokster-related essay in the September 2005 issue of Wired magazine (via “Bag and Baggage“).
“2 mom’s battle has legal issues; But women concerned more with child than gay rights”: The Deseret Morning News today contains this article previewing a case to be argued tomorrow before the Supreme Court of Utah.
“Leahy: Democrats Will Question Roberts.” Jesse J. Holland of The Associated Press provides a report that begins, “Democrats plan to question Supreme Court nominee John Roberts about a disavowed Justice Department memo that critics say led to torture in foreign prisons, top Senate Judiciary Democrat Patrick Leahy of Vermont said Monday.”
Plaintiff’s failed attempts to electronically file a motion to remand before applicable, non-waivable deadline did not require federal district court to retain lawsuit defectively removed from state court: Who says two wrongs don’t make a right? Today the U.S. Court of Appeals for the Second Circuit issued a ruling holding that a plaintiff’s motion to remand — untimely filed due to difficulties with the district court’s electronic case filing system — authorized the district court to send the case back to state court, even though the jurisdictional deadline for such remand motions had passed before plaintiff achieved the successful electronic filing of the motion.
Welcome to the “Yale Federalist Society Blog”: This new blog had its debut on August 24, 2005.
Federal appellate judge-blogger rebuts charge that this is one of his “quirkier” judicial opinions of all time: This comment at “The Becker-Posner Blog” is mentioned in a quite interesting post titled “The Ten Commandments–Posner’s Response to Comments.” Of course, as clarified in reply to Judge Posner’s response to comments, the person who called the opinion among Judge Posner’s “quirkier” didn’t intend a negative connotation.
“Roberts Wanted to Rein in U.S. Employment Agency, Memo Says”: Bloomberg News provides this report.
And Jesse J. Holland of The Associated Press reports that “Roberts showed impatience with Reagan supporter, documents show.”
Last week, while I was away, the PBS program “The NewsHour with Jim Lehrer” aired a segment entitled “Senate Judiciary Committee Chairman discusses Roberts nomination” (transcript with links to audio and video).
Also last week, NPR‘s “Morning Edition” aired a segment entitled “A Preview of John Roberts’ Confirmation Hearings” (RealPlayer required).
In New Mexico, third-party candidates in 2004 Presidential election demand a recount: The Associated Press provides a report headlined “Lawyer Asks N.M. Court to Order Recount” that begins, “The state’s highest court was asked Monday to order a recount in the razor-close 2004 presidential election in New Mexico even though it’s too late for a new vote tabulation to change the outcome.”
“Group Launches Ad Campaign Opposing Roberts; StopJohnRoberts.com will air ‘School Prayer’ Ad This Week; Ad Will Air in Selected Markets During the Opening Weeks of Confirmation Hearings”: I received via email from ProtectOurCourt.org this afternoon a press release that begins, “The group of activists that launched StopJohnRoberts.com announced today that they will launch their first television ad titled ‘School Prayer.’ The ad focuses on John Roberts’s role in the 1991 Lee vs. Weisman case, and the ramifications of his confirmation on the future of the separation of church and state in our country.” You can view the ad online here (Windows Media) and here (QuickTime).
“Justice Stevens Adds Fuel to the Fire Over the New London Eminent Domain Case”: FindLaw commentator Michael C. Dorf has this essay today.
“Congress, the courts and the Commerce Clause: With John Roberts set to replace the Supreme Court’s swing vote on federalism, he should be rigorously questioned on the scope of congressional power.” This editorial appears today in The St. Petersburg Times.
“Roberts Pushed for Reagan Policies”: Jesse J. Holland provides this early report on the additional documents released today.
“Stung by Ruling, Man Seeks Justice Souter’s Land”: This segment (RealPlayer required) appeared on last Thursday’s broadcast of NPR‘s “All Things Considered.”
In other coverage, FOXNews.com offers a report headlined “Land Grab or ‘Just Deserts?’” The Associated Press reports that “‘Hotel Souter’ man visits Weare, leaves presents for Souter.” And The Concord Monitor reports that “It’s Souter vs. Souter, he says; Activist seeking to seize justice’s home.” You can view a photograph of the activist posing with a “Lost Liberty Hotel” t-shirt next to Justice David H. Souter’s mailbox by clicking here.
Nude dancing, breast implants, and punitive damages for insurance bad faith: While I was on vacation last week, the U.S. Court of Appeals for the Sixth Circuit issued some noteworthy rulings.
“FEC Asks Court to Rethink Campaign Finance”: The Associated Press reports here that “The Federal Election Commission on Monday asked a full appeals court to reconsider a decision by a smaller appellate panel that had ordered the FEC to write tougher rules to carry out a 2002 campaign finance law.”
The Federal Election Commission has today issued a press release titled “FEC Files Petition for Rehearing in Shays v. FEC.”
“Blawg Review #21”: Available here, at Carolyn Elefant’s “My Shingle.”
“Plaintiff in 1962 landmark school-prayer case reflects on his role”: David L. Hudson Jr. has this essay online at the First Amendment Center.
“Records Pertaining to John G. Roberts, Jr.” The U.S. National Archives and Records Administration has this morning posted online these additional PDF files, categorized as “Record Group 60: Department of Justice Accession #60-88-0494, Files of Carolyn B. Kuhl.”
“For every Roe vs. Wade, there are dozens of cases like Unitherm Food Systems Inc. vs. Swift-Eckrich Inc.” Today in The Biloxi Sun Herald (where attention is understandably directed elsewhere), syndicated columnist James J. Kilpatrick has this essay. The essay is also available here directly from Universal Press Syndicate. In the essay, Kilpatrick misspells the last name of the U.S. Supreme Court‘s Clerk, William K. Suter.
In commentary published today in The New York Times: The newspaper today contains an editorial entitled “Free Judy Miller” and a felony disenfranchisement-related editorial entitled “Nebraska in the Lead.”
Also, Georgia Ka’apuni McMillen has an op-ed from Maui, Hawaii entitled “A School of One’s Own.”
“Justice Stevens: When law is clear.” This editorial, commenting on Linda Greenhouse’s article headlined “Justice Weighs Desire v. Duty (Duty Prevails)” published last week in The New York Times, appears today in The Seattle Post-Intelligencer.
“Just the verdict, please: The Vioxx award shows that juries are lousy at ‘sending messages’ to defendants.” Law Professor Peter H. Schuck has this op-ed today in The Los Angeles Times.
“Stock holdings could hold back Roberts on some cases; Nominee has $1.6M portfolio”: USA Today contains this front page article today, along with a related article headlined “Justices can skip a case but prefer not to; Sitting out can mean tie vote, and thus an unresolved issue.”
In commentary, The Washington Post today contains an op-ed by Law Professor Cass R. Sunstein entitled “What To Ask Roberts.”
Today in The Dallas Morning News, Terry Eastland will have an op-ed entitled “Roberts’ resume: Distinguished, conservative, a product of the Reagan era.”
In The Boston Globe, Cathy Young has an op-ed entitled “Feminists have fixed the ‘woman-hater’ label to Roberts.”
In The Detroit News, Deb Price has an op-ed entitled “Roberts’ confirmation hinges on protecting gay rights.”
And the September/October 2005 issue of Mother Jones contains an essay entitled “Courting Failure.”