How Appealing

Friday, September 9, 2005

“Laura Bush says hopes for woman as next court pick”: Reuters provides this report.

The Rocky Mountain News provides a news update headlined “Salazar still troubled by Roberts.”

Online at Slate, Jack Shafer has a press box essay entitled “Chief Justice Rehnquist’s Drug Habit: The man in full.”

And online at The Village Voice, Nat Hentoff has an essay entitled “John Roberts v. One French Fry: Beneath his black robes, what does Roberts reveal of his values as a human being?

Posted at 10:54 PM by Howard Bashman

“Experts ponder Roberts’ potential influence on top court”: Stephen Henderson of Knight Ridder Newspapers provides this report.

Posted at 10:44 PM by Howard Bashman

“CNN gets restraining order to allow coverage of Katrina body recovery”: CNN via second-hand email reports:

CNN has obtained a restraining order to prevent emergency officials in the Hurricane Katrina disaster zone from preventing the media from covering the recovery of bodies.

CNN filed suit in U.S. District Court in Houston Friday, arguing that an announcement by the Federal Emergency Management Agency and a New Orleans city official that reporters would be barred from covering the body recovery effort was an unconstitutional prior restraint in violation of the First Amendment.

U.S District Judge Keith Ellison granted a temporary restraining order Friday evening. A hearing has been scheduled Saturday morning to determine if the order should be made permanent.

FindLaw has posted at this link CNN’s complaint initiating suit.

Posted at 10:28 PM by Howard Bashman

“John Roberts: The Nominee.” William L. Taylor will have this essay in the October 6, 2005 issue of The New York Review of Books.

Posted at 5:40 PM by Howard Bashman

The Goddess of Justice is blind (and the Spirit of Justice is half naked): Eugene Volokh asks here: “The goddess of Justice is depicted blindfolded and holding a scale. But if she’s blindfolded, how does she know which pan of the scale is heavier than the other?” Legal Affairs in its July|August 2003 issue traced the history of “The Blindfold of Justice.” The statue discussed in the article — from the Warren B. Rudman U.S. Courthouse in Concord, New Hampshire — can be viewed at this link (thirteenth item).

Posted at 3:30 PM by Howard Bashman

“A Look at State Secrets Privilege”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.” NPR’s more detailed description of the segment follows: “The Bush administration is increasingly using the state secrets privilege. It is a series of precedents that allow the government to dismiss court cases on the grounds that evidence introduced in the trial could jeopardize national security.”

Posted at 3:11 PM by Howard Bashman

“Egg donor has rights to triplets in custody case”: The Cleveland Plain Dealer yesterday published an article that begins, “A Texas college student sold her eggs so they could be fertilized and implanted in a surrogate. That’s enough involvement to let her claim parental rights for the resulting triplets, according to a court ruling issued Wednesday.”

You can access Wednesday’s ruling of Ohio’s Ninth District Court of Appeals at this link.

Posted at 2:20 PM by Howard Bashman

Divided three-judge Ninth Circuit panel holds that probable cause is required for the warrantless search of the person or home of a pretrial releasee: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The majority opinion, written by Circuit Judge Alex Kozinski and joined in by Circuit Judge William A. Fletcher, begins:

We consider whether police may conduct a search based on less than probable cause of an individual released while awaiting trial. This issue is one of first impression in our circuit. Somewhat surprisingly, it is an issue of first impression in any federal circuit and the vast majority of state courts. A lack of binding precedent does not, of course, excuse us from deciding a difficult issue when, as here, it is squarely presented.

Circuit Judge Jay S. Bybee has written a lengthy dissent, concluding that “cases involving pretrial releasees [should be] subject to a balancing test that weighs the legitimate interests of the state against the individual privacy interests at stake in light of the unique circumstances and facts alleged.”

Posted at 1:02 PM by Howard Bashman

Today’s rulings of note from the U.S. Court of Appeals for the Sixth Circuit: Does a habeas corpus petitioner’s claim of actual innocence impliedly waive the attorney-client privilege between the petitioner and his counsel in the trial at which the petitioner was convicted? Today a divided three-judge panel answers “no” on mandamus review, reversing a trial court’s ruling to the contrary. You can access the ruling at this link.

And in a separate ruling, the Sixth Circuit today ruled that a county court in Tennessee could, without violating the U.S. Constitution, dismiss a female employee because she was openly and “deeply involved in a romantic relationship” with a man who was still married to another woman employed in another county court located just down the hall.

Posted at 10:12 AM by Howard Bashman

BREAKING NEWS — Federal government wins on appeal to U.S. Court of Appeals for the Fourth Circuit in alleged dirty-bomber Jose Padilla’s habeas corpus case: You can access today’s ruling at this link.

The opinion, written by Circuit Judge J. Michael Luttig on behalf of a unanimous three-judge panel, concludes:

The Congress of the United States, in the Authorization for Use of Military Force Joint Resolution, provided the President all powers necessary and appropriate to protect American citizens from terrorist acts by those who attacked the United States on September 11, 2001. As would be expected, and as the Supreme Court has held, those powers include the power to detain identified and committed enemies such as Padilla, who associated with al Qaeda and the Taliban regime, who took up arms against this Nation in its war against these enemies, and who entered the United States for the avowed purpose of further prosecuting that war by attacking American citizens and targets on our own soil -– a power without which, Congress understood, the President could well be unable to protect American citizens from the very kind of savage attack that occurred four years ago almost to the day.

The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is hereby reversed.

My coverage of the South Carolina federal district court’s ruling in Padilla’s favor, which today’s decision reverses, can be accessed here.

And in related coverage, on August 28, 2005 The San Francisco Chronicle published an article headlined “Lawyer defends ‘dirty bomber’ in name of everyone’s legal rights.”

Posted at 9:21 AM by Howard Bashman

“Senate Democrats Are Shifting Focus From Roberts to Other Seat”: This article appears today in The New York Times.

USA Today reports today that “ says it won’t use evacuee images in Roberts ad” and “Title IX questions expected.”

The New York Sun reports that “Ahead of Roberts Hearing, Republicans Strategize.”

The Rocky Mountain News reports that “Allard seeks meeting with Roberts.”

And The Tennessean reports that “VU professor to testify at Supreme Court hearing; Christopher Yoo worked with chief justice nominee John Roberts for 2 years.”

In commentary, The Palm Beach Post contains an editorial entitled “A Supreme compromise.”

The Miami Herald contains an editorial entitled “Chief Justice Rehnquist: He asserted the power and independence of the Court.”

The Allentown Morning Call contains an editorial entitled “President’s strategy: Extend the legacy.”

The South Florida Sun-Sentinel contains an editorial entitled “The president seeks to fill two vacancies on the U.S. Supreme Court.”

BusinessWeek online offers essays entitled “Bush’s Supremely Risky Opportunity: The Religious Right will breathe fire if his two High Court picks aren’t hard-line anti-abortionists; But if they are, he’ll galvanize Dems” and “Why Not Scalia: The pugnacious darling of the Right was sidelined by the political calculus.”

Today in The Hartford Courant, Lincoln Caplan has an op-ed entitled “Roberts’ Memos Belong To History – Not White House.”

In The Naples Daily News, Dan K. Thomasson has an op-ed entitled “Bush’s prerogatives on the court.”

In USA Today, Raul Reyes has an essay entitled “What a Hispanic justice would mean.”

In The Washington Times, Terence P. Jeffrey has an op-ed entitled “Unfinished counterrevolution.”

And in The Kennebec Journal, John N. Frary has an op-ed entitled “Here comes the judge: Confirmation hearings more about power than law.”

Posted at 6:40 AM by Howard Bashman