Not only is this federal court secretive, but now it will be using big words that few are likely to understand: The Providence (R.I.) Journal reported on Thursday of last week that “Selya named to secretive federal court on wiretaps; His appointment to the U.S. Foreign Intelligence Surveillance Court of Review will be for a seven-year term.”
My “20 questions for the appellate judge” interview with First Circuit Judge Bruce M. Selya from March 2004 can be viewed at this link.
The Sacrament Bee is reporting: Today’s newspaper contains articles headlined “2 capital judges on high court short list; Schwarzenegger lists England, Raye and a Bay Area magistrate as possible Brown successors” and “Setting a high bar: Dale McKinney, once serving life in prison, prepares to practice law; How did he do it?”
And last week, while I was away on vacation, the newspaper published articles headlined “Parent rights of gays upheld; State gives both partners equal status, even after a breakup” and “Feinstein to seek Roberts’ abortion views.”
“Governor’s court candidates revealed; Three names sent to State Bar for screening for Janice Rogers Brown’s seat”: Bob Egelko had this article yesterday in The San Francisco Chronicle.
According to the article: “The three were identified by the source as appellate Justices Carol Corrigan of San Francisco and Vance Raye of Sacramento and U.S. District Judge Morrison England of Sacramento.” Judge England — because he is known to be a longtime, faithful “How Appealing” reader — is my personal favorite in this group.
This past Wednesday, Hugh Hewitt had a blog post titled “Arnold’s Big Decision” reporting on his recent interview with California Governor Arnold Schwarzenegger during which Hewitt asked Governor Schwarzenegger about the governor’s progress in seeking a replacement for former California Supreme Court Justice, and now D.C. Circuit Judge, Janice Rogers Brown.
“Meet John Roberts, in his words: The Supreme Court nominee has said little publicly, but more than 60,000 pages of writings give insight into who he is.” This article appears today in The St. Petersburg Times.
Today in The Pittsburgh Post-Gazette, Michael McGough reports that “Some questioning the real value of Roberts’ memos from days as deputy solicitor general; Even lawyers who think documents might be interesting, think privacy of internal deliberations more important.”
The Washington Post contains a front page news analysis headlined “Roberts Is Defined by His Calm; Key to Nominee’s Poise Is Preparation.” The newspaper also contains an article headlined “Of Counsel, And Shovel, Too; John Roberts’s White House Education.”
The Orlando Sentinel reports that “Debate on Judge John G. Roberts Jr. may test how far senators should go in probing nominees’ views.”
The Toledo Blade reports that “Supreme Court appointment battle may hinge on women’s issue.”
And The Associated Press provides items headlined:
Finally, in commentary, The Arkansas Democrat-Gazette today contains an editorial entitled “The latest brilliant ploy: John Roberts’ critics must really be desperate.”
“Minn. Man Aims to Alter Judicial Campaigns”: The Associated Press provides this profile of Greg Wersal, whose efforts (the results of which are described here here) have altered campaigns for elective judicial office not only in Minnesota but across the Nation.
“Justice Breyer Takes ‘Originalists’ to Task In a New Book”: Last Tuesday, while I was on vacation, The Wall Street Journal published this article (free access) by Jess Bravin.
Also last Tuesday online at Slate, Dahlia Lithwick had an essay entitled “Reasons To Go On Living: Does anyone believe in a ‘living Constitution’ anymore?” She has since followed-up with two additional columns — “It’s a-Living: Reader responses to the living Constitution” and “Strictly Speaking: Slate readers pull the plug on the living Constitution.”
Coming soon to the U.S. Court of Appeals for the Ninth Circuit: The Seattle Post-Intelligencer reported yesterday that “U.S. attorney to appeal Ressam’s 22-year term; Terrorist deserves a longer sentence, McKay says.”
And The Seattle Times reported yesterday that “Longer term sought for Ressam.”
At his “Sentencing Law and Policy” blog, Law Professor Douglas A. Berman offers these thoughts.
Also in today’s edition of The New York Times: Adam Liptak has a Week in Review article headlined “If the Law Is a Ass, the Law Professor Is a Donkey.”
And in regional news, “For New Jersey’s Next Governor, a Chance to Fill the Benches of the State’s High Court” and “Case Is Appealed Over Lack of West Indians on the Jury.”
“Roberts v. the Future”: Law Professor Jeffrey Rosen has this lengthy cover story in today’s issue of The New York Times Magazine.
Rosen’s interview with then-attorney John G. Roberts, Jr. in 2002, which is described at the outset of today’s article, was the focus of Rosen’s article published in the August 11, 2002 issue of The New York Times Magazine, headlined “Obstruction of Judges.” I first noted that article here.
And this past Monday, while I was on vacation, The NYTimes published an article by Adam Liptak headlined “In His Opinions, Nominee Favors Judicial Caution.”
It’s time for my summer vacation: I’ll be away from the computer for a week. See you soon.
“Sifting Old, New Writings For Roberts’s Philosophy”: This front page article appears today in The Washington Post.
Supreme Court of California to issue decisions Monday in same-sex parent cases: On Monday, August 22, 2005, California’s highest court is scheduled to issue opinions in three cases that present the following issues:
Each of these three cases includes one or more of the following issues: (1) May the presumption in Family Code section 7611, subdivision (d) — that a man is a presumed father if he “receives the child into his home and openly holds the child out as his natural child” — be applied to a birth mother’s same-sex partner when both women made the decision to have a child, received the child into their home and held the child out as their own, and agreed to support the child? (2) Under Johnson v. Calvert (1993) 5 Cal.4th 84, can both same-sex partners be considered the legal parents of children conceived as a result of artificial insemination and born during their domestic partnership? (3) Must a woman who donates ova which are fertilized in vitro and implanted in her domestic partner’s womb, resulting in the birth of a child, file an adoption petition in order to be a parent of the child under Johnson v. Calvert?
I’ll be on vacation next week, but the opinions should be available for viewing via this link at 1 p.m. eastern time on Monday.
“Memos reveal Roberts’ belief in leaving social change to lawmakers”: Jan Crawford Greenburg will have this article Sunday in The Chicago Tribune.
And The Sunday Business Post of Ireland contains an article headlined “Bush nominee lacks cúpla focail” that begins, “The man who has recently been nominated by US President George W Bush to become a Supreme Court judge may need to brush up on his Gaeilge. Documents released this week revealed that John Roberts does not know his fadas from his fáiltes.”
“S.C. town’s prayers provoke lawsuits”: This article will appear Sunday in The Atlanta Journal-Constitution.
“Hands off our homes: A Supreme Court ruling that allows the government to seize private property has set off a fierce backlash that may yet be as potent as the anti-abortion movement.” The current issue of The Economist contains this article, which consists of a report from nearby (to me) Ardmore, Pennsylvania (via “ProfessorBainbridge.com“).
“Appeals court: Plattsmouth monument can stay.” This article appears today in The Lincoln Journal Star.
And The Omaha World-Herald today contains articles headlined “Plattsmouth Ten Commandments monument can stay” and “Ruling’s impact to go beyond one town.”
In Sunday’s edition of The New York Times: Tomorrow’s newspaper will contain articles headlined “Roberts’s Harvard Roots: A Movement Was Stirring” and “Politicized Scholars Put Evolution on the Defensive.”
And the Sunday Book Review section will contain at this link “responses to Richard Posner’s essay about the media from Bill Keller, Bill Moyers, Eric Alterman and others.”
On today’s broadcast of NPR‘s “Weekend Edition – Saturday“: The broadcast contained segments entitled “Justices’ Time in Legal ‘Trenches’ Often Limited” (featuring Stuart Taylor Jr.) and “Jurors Discuss Decision in Vioxx Case.” RealPlayer is required to launch these audio segments.
“Judge sides with Starbucks”: The Galveston County Daily News today contains an article that begins, “Despite a federal judge’s decision Friday to prevent him from selling his Star Bock Beer outside of the city, a feisty Galveston bar owner is not giving up on his dream to fill beer mugs for thirsty consumers across Texas. U.S. District Judge Samuel Kent issued his much-anticipated ruling in a trademark infringement dispute between Rex Bell, owner of the Old Quarter Acoustic Cafe, and Starbucks Coffee Company.”
And The Houston Chronicle reports today that “‘Star Bock’ creator gets partial win vs. java giant.”
“Vioxx jury awards widow $253 million; Juror says they wanted to get a message across; caps under law will cut amount”: This article appears today in The Houston Chronicle, along with articles headlined “Vioxx jurors talk about verdict; Aggressive marketing played a role, they say, and one number kept coming up” and “Verdict reverberates far beyond Merck.”
The New York Times today contains articles headlined “Jury Calls Merck Liable in Death of Man on Vioxx“; “Working Through a Decision Cut in Shades of Deep Gray“; “Merck Tumbles in Trading, and Further Trouble Awaits“: and “Battered but Unbowed: Can Painkillers Recover?”
The Newark Star-Ledger reports that “Vioxx verdict stings Merck; Texas widow wins $253.4M judgment against N.J. drugmaker in husband’s death.”
The Washington Post reports that “Merck Found Liable in Vioxx Case; Texas Jury Awards Widow $253 Million.”
And The Los Angeles Times reports that “Merck Loses Vioxx Case; In the first of 4,000 suits over the withdrawn pain pill, a Texas jury awards a widow $253 million; Experts expect a flood of fresh litigation.”
“Abortion Policy: Cruel heartbreak.” The Seattle Post-Intelligencer on Sunday will contain an editorial that begins, “If you’re a pregnant military spouse who decides to terminate a pregnancy, your military health insurance won’t pay for it. It doesn’t matter if the fetus is severely deformed, and that it likely would be stillborn.”
“Paint firm seeks ruling on judge in lead case; The Sherwin-Williams Co. wants the state Supreme Court to decide if Superior Court Judge Michael A. Silverstein should continue presiding over its lead-paint lawsuit”: This article appeared yesterday in The Providence (R.I.) Journal. The judge’s alleged conflict? According to the article, he owns a house built before 1978.
“Roberts Was Not Strictly Conservative; Reagan papers show the high court nominee had his own view of national I.D. cards and sharply criticized a Christian fundamentalist leader”: David G. Savage and Henry Weinstein have this article today in The Los Angeles Times.
The Washington Post today contains articles headlined “In 1980s, Roberts Criticized The Court He Hopes to Join“; “Roberts’s Hand in Home Rule; Nominee’s Memos Shielded Reagan In D.C. Battle“; “Roberts’s Rules of Decorum: No Hobnobbing With Celebs, and Absolutely No Michael Jackson“; and “If the Senators Laugh, It Was a Joke.”
The Boston Globe reports that “Pressure mounts for Roberts papers; Liberals want data from nominee’s most recent service.”
In The Pittsburgh Post-Gazette, Michael McGough reports that “Liberal groups press for Roberts’ memos.”
The Cox News Service reports that “Democrats Hold Fire, For Now, On Roberts; Some see opposition as waste of political capital.”
The Portland Press Herald reports that “Roberts campaigners barnstorm in Maine.”
And Newsday contains an article headlined “Vivid memories of Shoreham.”
In commentary, The Wall Street Journal recently contained an editorial entitled “Leahy Follows Orders: Ralph Neas says, ‘Jump.’ He asks, ‘How high?’”
In The St. Petersburg Times, Bill Adair has an essay entitled “Liberals setting stage for assault on court nominee.”
And in The Charlotte Observer, Tom Ashcraft has an essay entitled “Roberts liberals’ worst fear; He will crack foundation of liberal power on court.”
“As a Man of Letters, Roberts Showed Practicality and Humor”: This article will appear Saturday in The New York Times.
Saturday’s edition of Newsday will contain an article headlined “Roberts’ legal drill on LI; Supreme Court nominee was lawyer who backed evacuation test, despite county opposition.”
And this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment featuring Jan Crawford Greenburg entitled “Documents Shed More Light On Roberts’ Work as Counsel” (RealPlayer required).
Available online from law.com: In news from Texas, “Merck Ponders Grounds for Appeal in Wake of $253M Vioxx Verdict; Texas jury finds for plaintiff in first civil Vioxx trial against drug maker” and “Lottery Winner Not So Lucky After All, 5th Circuit Says.”
An article reports that “State Justices Defend Attorney-Client Privilege; Judges also speak out for habeas rights, innocence projects.”
And in other news, “11th Circuit: Whistleblower Claims Should Go to a Jury.”
“New tolerance for Ten Commandments display”: At “SCOTUSblog,” Lyle Denniston has this interesting post about today’s en banc ruling of the U.S. Court of Appeals for the Eighth Circuit, which I earlier noted here.
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained segments entitled “Groups Push for Release of Roberts Documents” (featuring Nina Totenberg) and “Widow Awarded $250 Million in Vioxx Death Suit.” RealPlayer is required to launch these audio segments.
Cross burning and free speech: A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this decision today.
“Democrats to target Roberts’ views on race, gender equality”: James Kuhnhenn of Knight Ridder Newspapers provides this report.
And PlanetOut Network offers a report headlined “Roberts memo on AIDS raises concern.”
“John Roberts’ Woman Problem: The humorless feminists strike again.” Dahlia Lithwick has this jurisprudence essay online at Slate.
The Associated Press is reporting: Hope Yen reports that “Roberts Scoffed at Promotion for O’Connor.”
And in other news, “Sen. Reid Reports Suffering Mild Stroke.”
Available online from The Daily Journal of California: Today’s issue contained an article by Brent Kendall headlined “Nominee backed support for religion” and an article by Lawrence Hurley headlined “Decades-old Roberts memo applies to today’s old Court.”
And yesterday, Brent Kendall had an article headlined “Republican Senator wants to ‘wait and see’ about Roberts.”
“Roberts’ 1st ‘Ticket’ to Court Came in ’84”: The Associated Press provides this report.
“Jury: Merck negligent; Merck blamed for death in Vioxx suit; jury awards $253 million in damages; Drug giant to appeal.” CNN/Money provides this report.
And Reuters reports that “Widow awarded $253 million in first Vioxx trial.”
“US rights groups seek release of more Roberts memos”: Reuters provides this report.
