How Appealing



Monday, August 29, 2005

“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; 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).

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, 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.

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



Sunday, August 28, 2005

“Judge awaits verdict in opera’s court of public opinion”: This article appears in Monday’s edition of The Sydney Morning Herald.

Posted at 8:42 PM by Howard Bashman



“The Mommy Blawg” hosts “Blawg Review #20”: I would have linked to this earlier had I not been on vacation last week.

Posted at 7:40 PM by Howard Bashman



“Caribbean Court Gives Chickens Time of Day”: The Los Angeles Times today contains an article that begins, “In the sweaty abandon of a summer festival, did calypso singers libel chickens? That question, with all of its free speech ramifications, is the unlikely first issue taken up by the Caribbean Court of Justice, the new regional high court that is replacing the London Privy Council and completing a four-decade journey to independence for former British colonies in the Caribbean.”

In other coverage, The Associated Press reported that “Chicken case goes to Caribbean court.”

The underlying dispute arose on Barbados, where earlier this month The Barbados Advocate reported that “CCJ gives radio station more time.”

And The Trinidad & Tobago Express published articles headlined “CCJ seeks speedy end to 1990 case; Chicken farm vs Barbadian radio company” and “First sitting of CCJ; Bomb scare, cramped conditions.”

Posted at 7:32 PM by Howard Bashman



“Backers of high court pick put views on the table; The conservative group Progress for America promotes Judge John Roberts’ nomination on the radio and at a $493 lunch”: This article appeared yesterday in The Providence (R.I.) Journal.

Posted at 7:20 PM by Howard Bashman



“Court is closed Monday, August 29th and Tuesday, August 30th; Oral Arguments are cancelled for the entire week”: So reports the web site of the U.S. Court of Appeals for the Fifth Circuit, headquartered in New Orleans. After crossing through the southern portion of the U.S. Court of Appeals for the Eleventh Circuit toward the end of last week, Hurricane Katrina now threatens to wreak havoc at the headquarters of the Fifth Circuit and the westernmost portion of the Eleventh. From there, the forecast predicts that the storm will head into the geographical jurisdiction of the Sixth Circuit.

Posted at 6:24 PM by Howard Bashman



“Hypocrisy on adult consent”: Columnist Jeff Jacoby has this op-ed today in The Boston Globe. The op-ed focuses on the Seventh Circuit‘s ruling two months ago in Muth v. Frank, a decision rejecting a state prisoner’s argument that Wisconsin’s incest statute is unconstitutional insofar as it seeks to criminalize a sexual relationship between two consenting adults. My earlier coverage of that ruling can be accessed here.

Posted at 3:40 PM by Howard Bashman