How Appealing

Thursday, September 8, 2005

“Will the Supreme Court Unleash Civil RICO? Circuits have curtailed use of statute, which offers plaintiffs treble damages, longer statute of limitations and discovery.” provides this report.

Posted at 10:52 PM by Howard Bashman

“Strip Search: There are many who want to destroy the courts; John Roberts should make it clear he’s not one of them.” Bert Brandenburg has this essay today online at The American Prospect.

Posted at 5:04 PM by Howard Bashman

“Court Questions Guantanamo Detainee Issues”: The Associated Press provides a report that begins, “A federal appeals court Thursday questioned the Bush administration’s handling of detainees at Guantanamo Bay, suggesting the judiciary might have authority to delve into the conduct of military tribunals which have categorized almost all of the inmates as enemy combatants.”

Posted at 4:10 PM by Howard Bashman

“John Roberts and the SG’s Refusal to Defend Federal Statutes in Metro Broadcasting v. FCC“: Marty Lederman has this post online at “Balkinization.”

Posted at 2:45 PM by Howard Bashman

“Truth-in-campaign law struck down”: The Seattle Times today contains an article that begins, “A state law prohibiting political candidates from lying about their opponents is an unconstitutional violation of free speech and chills political discourse, a state appeals court ruled yesterday.”

And The Olympian reports today that “Court tosses PDC fine; Appeals court rules state campaign law unconstitutional.”

You can access yesterday’s ruling of the Washington State Court of Appeals Division II at this link. Thanks to “Election Law” for the pointer, and congrats to Venkat of “Begging to Differ” on the victory.

Posted at 2:24 PM by Howard Bashman

“Republicans Face a Fork in the Road: To Remain Credible, the Party Must Be Consistent on the Crucial Issues of Federalism, Gay Marriage, and Roe v. Wade.” FindLaw commentator Marci Hamilton has this essay today.

Posted at 11:54 AM by Howard Bashman

“White House Defends Course on Detainees”: The Associated Press provides this report.

You can access at this link the brief in opposition to certiorari that Solicitor General Paul D. Clement filed with the U.S. Supreme Court yesterday.

Interestingly, amicus briefs have been filed in support of the cert. petition by a group of retired Generals and Admirals (here) and by the National Institute of Military Justice (here). [Update: In addition, an amicus brief submitted by 304 members of the U.K. and E.U. Parliaments, including the leaders of all major political parties and (just in time for lunch!) even the Earl of Sandwich, can be accessed here.]

Posted at 10:54 AM by Howard Bashman

Available online from C-SPAN: Using RealPlayer, you can access online, on-demand the following video: “Chief Justice William H. Rehnquist Funeral Procession“; “Pres. Bush Pays Respects to Chief Justice William H. Rehnquist“; “Judge Robert Bork at National Press Club“; “Pres. Bush Remarks on Hurricane Relief & Supreme Court Nominations“; “Sen. Arlen Specter (R-PA) on Judge Roberts Nomination Hearings“; “Lying in Repose of Chief Justice William Rehnquist“; and “Stuart Taylor, Senior Columnist for the National Journal, discusses the John Roberts Supreme Court confirmation hearings.”

Posted at 9:54 AM by Howard Bashman

“Eulogies for Rehnquist Recall a Man of Many Interests”: This article appears today in The New York Times.

In The Washington Post, Charles Lane reports that “Rehnquist Eulogies Look Beyond Bench; Chief Was a Family Man and a Tennis Fanatic.”

In The Los Angeles Times, David G. Savage has an article headlined “A ‘Life Well-Lived’ Is Remembered; Chief Justice Rehnquist’s leadership — and love of wagers — are recalled by family members and colleagues at his funeral.” An article reports that “Democrats Again Request Roberts Papers; Senators say the files are more crucial now that he’s been nominated to lead the high court; The White House maintains they are off-limits.” And a news analysis is headlined “Next Nominee for High Court Could Be Tough Test for Bush.”

In The Chicago Tribune, Jan Crawford Greenburg reports that “‘Chief’ is laid to rest; William Rehnquist is fondly remembered for optimism and humor that crowned his powerful intellect.”

In The Boston Globe, Charlie Savage reports that “Rehnquist recalled as legal light with humor; Justices, Bush gather to mark jurist’s legacy.”

In The Pittsburgh Post-Gazette, Michael McGough reports that “Rehnquist’s humor, sense of duty hailed.”

In USA Today, Joan Biskupic reports that “Family, justices remember Rehnquist; He urged many to ‘stop and smell the roses,’ son says.” And in related coverage, “Group’s TV ad uses storm’s aftermath to target Roberts.”

The Washington Times reports that “Rehnquist remembered for his humor, humility.”

The Milwaukee Journal Sentinel reports that “Off the bench, too, Rehnquist was one to remember; At chief justice’s rites, mourners praise his personal side, family ties, sense of humor.”

The Hartford Courant reports that “Senators Ready For Roberts.”

The Palm Beach Post reports that “Martinez hopes Bush chooses Hispanic for high court.”

The San Jose Mercury News contains an article headlined “Double loss for Atherton man; Former Rehnquist clerk comes from New Orleans.”

The Deseret Morning News reports that “2 Utahns who clerked for Rehnquist mourn him.”

The Hill contains articles headlined “1924-2005 Rehnquist laid to rest” and “Business frugal in Roberts support.”

Bloomberg News reports that “Democrats Face Dilemma as Bush Weighs Second High Court Choice.”

And The Forward reports that “Groups Hail Rehnquist But Dershowitz Offers Dissent.”

In commentary, The Philadelphia Inquirer today contains an op-ed entitled “The Roberts Memos: Secrecy at a dead end.”

The Intelligencer of Wheeling, West Virginia contains an editorial entitled “Confirm Roberts As Chief Justice.”

The Rochester Democrat and Chronicle contains an editorial entitled “Following Rehnquist: White House needs to provide more vital John Roberts documents.”

The Amarillo Globe-News contains an editorial entitled “Rehnquist left path to follow; Chief justice valued independent judiciary.”

In The Washington Post, columnist David S. Broder has an op-ed entitled “A Bigger Test Than Roberts.” Columnist George F. Will has an op-ed entitled “Some Questions For the Nominee.” And columnist Richard Cohen has an op-ed entitled “Too Perfect to Know the People?

In The Houston Chronicle, Law Professors James E. Coleman, Jr. and Erwin Chemerinsky have an op-ed entitled “Before voting on Roberts, insist on second nominee; A to-do list for Democrats regarding the Supreme Court.”

And online at The Weekly Standard, John Hinderaker has an essay entitled “Preparing for World War III: Replacing Rehnquist before O’Connor makes matters tougher on the Bush administration and guarantees a showdown with liberal interest groups.”

Posted at 6:40 AM by Howard Bashman