How Appealing

Saturday, September 3, 2005

BREAKING NEWS — Chief Justice William H. Rehnquist has died: The Associated Press reports here that “Chief Justice William H. Rehnquist died Saturday evening at his home in suburban Virginia, said Supreme Court spokeswoman Kathy Arberg.” He died at the age of 80.

The Chief Justice was diagnosed with thyroid cancer in October 2004. I collected news coverage of that announcement in this post and in many posts preceding it. In mid-July 2005, Chief Justice Rehnquist made an announcement intended to squelch speculation that his retirement from the Court was imminent. I collected news coverage of that announcement here and here.

The confirmation hearing for John G. Roberts, Jr., nominated to replace Justice Sandra Day O’Connor, is scheduled to begin Tuesday. It is too soon to know whether the confirmation hearing for Judge Roberts, a former Rehnquist clerk, will be postponed. This does, however, eliminate the possibility that Justice Roberts would become the first U.S. Supreme Court Justice to serve on the Court at the same time as the Justice for whom he clerked.

The Chief Justice’s death tonight all but assures that the Court will begin its October 2005 Term without its full complement of nine Justices. Until a new Chief Justice begins work, Justice John Paul Stevens will lead the Court as the senior Associate Justice.

Posted at 11:09 PM by Howard Bashman

“Next abortion case on the way”: At “SCOTUSblog,” Lyle Denniston provides a report that begins, “The deeply controversial issue of the power of government to impose a flat ban on an abortion procedure has moved several procedural steps closer to the Supreme Court — in cases from Nebraska and Virginia.”

Posted at 8:40 PM by Howard Bashman

“Roberts showdown: Tough grilling not likely to upset Bush’s pick for high court.” Marcia Coyle will have this article in the September 5, 2005 issue of The National Law Journal.

Posted at 8:33 PM by Howard Bashman

“Roberts Appears Headed for High Court”: The Associated Press provides this report.

And Denise Howell notes here that you can follow next week’s confirmation hearing via podcast.

Posted at 4:44 PM by Howard Bashman

“Sexual motives not necessary for sex harassment”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Sexual harassment doesn’t have to be motivated by sex — or even by sexism — to be illegal, as long as the harasser abuses one sex more than another, a federal appeals court ruled Friday.”

And provides a report headlined “9th Circuit: Sexual Content Not Needed for Harassment.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 1:30 PM by Howard Bashman

“Roberts Set Out Doubts On Genocide Treaty; As Reagan Aide, He Advised President to Sign It”: This article appears today in The Washington Post.

The New York Times reports today that “Parties Provide Lists of Witnesses for Roberts Hearings.”’s Tony Mauro reports on “Roberts’ Mystery Years in the Office of the Solicitor General.”

And The Associated Press offers a report headlined “Roberts: From High-Court Clerk to Colleague.”

In commentary, The Journal News of Westchester, New York contains an editorial entitled “Being Judge Roberts.”

The Kennebec (Me.) Journal contains an editorial entitled “Facing the public.”

In The New York Times, Andrew Cohen has an op-ed entitled “John Roberts, by the Numbers.”

In The San Bernardino County Sun, Edgar C. Keller has an op-ed entitled “Robert’s response to inappropriate questions will be gauge of integrity.”

In The Miami Herald, Rev. Barry W. Lynn has an op-ed entitled “Beliefs vs. the Constitution.” And Jay Sekulow has an op-ed entitled “Religion not a litmus test.”

Finally for now, in The Arkansas Democrat-Gazette, Tony Snow has an op-ed entitled “Here come da judge’s critics.”

Posted at 9:15 AM by Howard Bashman

“Judge rules city can’t transfer Mount Soledad cross; Constitutionality of initiative passed by voters questioned” The San Diego Union-Tribune today contains an article that begins, “A Superior Court judge issued a temporary restraining order yesterday barring the city from transferring the Mount Soledad cross to the federal government under the deal voters overwhelmingly approved in San Diego’s July special election.” The newspaper has posted online at this link a copy of the court’s ruling.

Posted at 9:08 AM by Howard Bashman