How Appealing



Thursday, August 11, 2005

“Recusal on appeal: An appellate advocate’s perspective.” The Spring 2005 issue of The Journal of Appellate Practice and Process will be reaching subscribers, including all federal and state appellate judges in the Nation, any day now. The issue focuses on recusal on appeal and includes essays focusing on the subject from the judicial, academic, and advocate’s perspectives. I am the author of the essay addressing the issue from an advocate’s perspective, and the text of my essay can be accessed online at this link.

Posted at 12:08 PM by Howard Bashman



“Why big business hearts John Roberts; It’s looking like George W. Bush named a Supreme Court nominee that corporate honchos can love”: Michael Scherer has this essay today at Salon.com.

And today at National Review Online, Peter Kirsanow has an essay entitled “Roberts’s Rules of Order: The Constitution doesn’t live and breathe in his body of work,” while David Hogberg and Tamara Kafkova have an essay entitled “Endangered Roberts? Greens eye the Supreme Court nominee.”

Posted at 10:28 AM by Howard Bashman



“The hard-boiled justice of Judge Scalia”: In case you missed last week’s heart-warming installment of “Tom the Dancing Bug” comic strip, wherein Scalia finds an infant in the Indiana woods and names him John Roberts, you can access it here. Part two of the story is now available online at this link via Salon.com.

Posted at 10:22 AM by Howard Bashman



“High Court Declines State’s Direct Appeal of Same-Sex Marriage Ruling”: Today in The Los Angeles Times, Maura Dolan has an article that begins, “The California Supreme Court decided Wednesday to put off for at least a year a decision on whether a state ban on same-sex marriage is constitutional.”

In The San Francisco Chronicle, Bob Egelko reports that “High court says no to same-sex marriage review.”

And in The San Jose Mercury News, Howard Mintz reports that “State court delays entering same-sex marriage fray.”

Posted at 10:12 AM by Howard Bashman



“Judge Flaum’s opinions earmark him as a would-be John Paul Stevens on the Seventh Circuit Court of Appeals”: This memorandum (page 3 of the PDF file) from today’s National Archives document release discussed in the post immediately below appears to be an analysis from inside President Reagan’s Justice Department of whether U.S. District Judge Joel M. Flaum should be nominated to serve on the Seventh Circuit. Apparently the views of the memo’s author did not prevail, as today Judge Flaum serves as the Seventh Circuit’s Chief Judge.

Posted at 9:00 AM by Howard Bashman



“Justice sues AG over records in rebuke case”: The Seattle Post-Intelligencer today contains an article that begins, “State Supreme Court Justice Richard Sanders, who is challenging his punishment for touring the McNeil Island center for sexual predators, is suing the Attorney General’s Office to shake loose public records dealing with the visit that got him in hot water.”

Posted at 7:22 AM by Howard Bashman



“Bush Order Lets Him Control Roberts’ Memos; A 2001 decree gives him the power to block the release of papers from presidential libraries, among them those of the high court nominee”: David G. Savage and Maura Reynolds have this article today in The Los Angeles Times.

In The New York Times, Linda Greenhouse reports that “TV Ad Attacking Court Nominee Provokes Furor.”

The Washington Post reports that “In ’81, Roberts Offered Counsel to O’Connor; As Aide to Attorney General, He Urged Nominee to Be Reserved in Sharing Legal Views.”

The Wichita Eagle reports that “Roberts faces scrutiny of role in Wichita case.”

The Washington Times contains articles headlined “In 1980s, Roberts wary of new right” and “Anti-Roberts ad called ‘flawed.’

The San Francisco Chronicle contains articles headlined “Gay issues destined for top Court; Activists agree Justice Roberts would be pivotal in same-sex marriage cases” and “Boxer threatens to slow Senate activity over court pick; She’ll vote ‘no’ unless Roberts backs right to abortion.”

In The Oakland Tribune, Josh Richman reports that “Boxer knocks record of Supreme Court nominee; Senator hasn’t decided her vote but has concerns.”

The San Jose Mercury News reports that “Boxer attacks Roberts’ work opposing clinic protection.”

And The Portland (Me.) Press Herald reports that “TV stations urged to pull Roberts ad.”

In commentary, The Washington Times today contains an editorial entitled “Lies from the far-left.”

The Republican of Springfield, Massachusetts contains an editorial entitled “Running out the clock isn’t exactly dignified.”

In The Chicago Sun-Times, columnist Robert Novak has an op-ed entitled “Roberts fight now a battle over future.”

In The Washington Post, Dana Milbank’s “Washington Sketch” column is headlined “Antagonist of the Left Expresses Righteous Indignation About Roberts.”

In The Los Angeles Times, Abigail Thernstrom has an op-ed entitled “Roberts, misjudged.”

And in The Atlanta Journal-Constitution, Jay Bookman has an op-ed entitled “Privacy right unlisted, but perfectly clear.”

Posted at 7:00 AM by Howard Bashman



Wednesday, August 10, 2005

“Parties Ask if More Roberts Surprises Wait”: Jesse J. Holland of The Associated Press provides this report. And The AP’s David Kravets reports that “Boxer demands Roberts support abortion, privacy.”

The San Jose Mercury News provides a news update headlined “Boxer blasts Roberts’ opinions; Nominee backed violent anti-abortion extremists, Senator charges.”

Reuters reports that “Democrats push W.House for more on Roberts.”

And Thursday’s issue of Financial Times will report that “Trade group backs Supreme Court nominee.”

Posted at 9:05 PM by Howard Bashman



“Roberts’s foes, friends load up fresh ammo for fall hearings; August’s dog days find the capital’s denizens working overtime on ways to attack or defend high court nominee”: This article will appear Thursday in The Christian Science Monitor.

Posted at 5:40 PM by Howard Bashman



“No vanity plate for West Rutland man yet”: The Rutland (Vt.) Herald today contains an article that begins, “A federal magistrate has recommended against issuing a West Rutland man a vanity license plate with a biblical message on it, at least for now.”

Posted at 5:20 PM by Howard Bashman



“Is Pornography The Same As Prostitution? A New York Judge Says ‘No,’ But the Answer Is Less Clear.” FindLaw commentator Sherry F. Colb has this essay today.

Posted at 5:15 PM by Howard Bashman



“Judges increasingly fear attacks; Piersol: Criticism expected, but bashing crosses line.” This article appeared yesterday in The Argus Leader of Sioux Falls, South Dakota.

Posted at 2:28 PM by Howard Bashman



Progress for America Voter Fund asks “How Low?” The pro-Roberts ad that I mentioned yesterday can be viewed by clicking here (QuickTime format).

Posted at 2:05 PM by Howard Bashman



Three-judge Fourth Circuit panel rejects Establishment Clause challenge to state law providing for the daily, voluntary recitation of the Pledge of Allegiance in Virginia’s public schools: Because today’s ruling is not yet available via the Fourth Circuit’s web site, I have posted a copy online here.

Update: The opinion is now available via the Fourth Circuit’s web site at this link.

Posted at 12:30 PM by Howard Bashman



“The Secret Trial of Judith Miller: Will the Times reporter have her ears cut off? Will you?” Michael McMenamin has this essay today online at Reason.

Posted at 12:04 PM by Howard Bashman



“Court asked to review decision on prayers”: The Richmond Times-Dispatch today contains an article that begins, “The American Civil Liberties Union of Virginia has asked the U.S. Supreme Court to review a decision allowing Chesterfield County to bar a local witch from leading the prayer at its Board of Supervisors meetings.”

And The Associated Press reports that “Wiccan prayer dispute heads to U.S. Supreme Court.”

Posted at 11:45 AM by Howard Bashman



“Is the Independence of the Judiciary at Risk?” Thanks to the American Bar Association’s web site, you can view online (here via RealPlayer; here via Windows Media) yesterday’s panel featuring Justice Stephen G. Breyer, former Solicitor General Theodore B. Olson, and U.S. Senator Lindsey Graham (R-SC). I previously linked to news coverage of Justice Breyer’s remarks here, here, and here.

Posted at 10:35 AM by Howard Bashman



“Disabled inmate at a Georgia prison could make legal history”: Bill Shipp has this op-ed today in The Athens Banner-Herald. Via Medill School of Journalism’s “On The Docket,” you can learn more about the case here.

Posted at 10:28 AM by Howard Bashman