How Appealing

Monday, August 29, 2005

“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.”

Posted at 10:15 PM by Howard Bashman

Available online from 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.”

Posted at 10:05 PM by Howard Bashman

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.”

Posted at 8:32 PM by Howard Bashman

“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.”

Posted at 5:20 PM by Howard Bashman

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.

Posted at 5:05 PM by Howard Bashman

“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).

Posted at 3:44 PM by Howard Bashman

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.”

Posted at 2:40 PM by Howard Bashman

“Group Launches Ad Campaign Opposing Roberts; 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 this afternoon a press release that begins, “The group of activists that launched 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).

Posted at 2:30 PM by Howard Bashman

“Justice Stevens Adds Fuel to the Fire Over the New London Eminent Domain Case”: FindLaw commentator Michael C. Dorf has this essay today.

Posted at 12:33 PM by Howard Bashman

“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.

Posted at 11:40 AM by Howard Bashman

“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, 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.

Posted at 11:30 AM by Howard Bashman

“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.”

Posted at 10:43 AM by Howard Bashman

“Plaintiff in 1962 landmark school-prayer case reflects on his role”: David L. Hudson Jr. has this essay online at the First Amendment Center.

Posted at 9:54 AM by Howard Bashman

“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.”

Posted at 9:45 AM by Howard Bashman

“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.

Posted at 9:04 AM by Howard Bashman

“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.”

Posted at 6:30 AM by Howard Bashman