How Appealing

Wednesday, September 21, 2005

“Chicago attorneys are charged in rape of Wisconsin woman; Bail amounts upset some in community”: The Chicago Tribune today contains an article that begins, “Two attorneys from prominent Chicago law firms are facing rape charges in Wisconsin after an encounter with a 27-year-old woman while on vacation in Green Lake County in August.”

In earlier coverage, The Oshkosh Northwestern published articles headlined “Two charged in Green Lake rape” and “Illinois men appear on rape charges; Accused of assaulting a woman from Berlin.”

Posted at 11:55 PM by Howard Bashman

“For purposes of Rule 54(b), vagueness and overbreadth are alternative theories underlying a single claim”: Tenth Circuit Judge Michael W. McConnell today issued an interesting decision involving whether a valid partial final judgment existed in a case arising from a First Amendment challenge to a federal Bureau of Prisons regulation providing that inmates may not “act as [a] reporter” or “publish under a byline.”

Posted at 11:44 PM by Howard Bashman

In Thursday’s edition of The New York Times: Tomorrow’s newspaper will contain articles headlined “Focus for Supreme Court Pick Is Said to Be on Diversity” and “Committee’s Top Democrat Will Vote Yes on Roberts,” along with a news analysis headlined “Among Democratic Activists, Little Indecision on Roberts.”

Meanwhile, in other news, an article headlined “A Lion of the Courtroom Hears His Critics Roar” begins, “David Boies is a star in the courtroom, but his back-office operations are causing some headaches. Mr. Boies, who has presented himself as a white knight to troubled companies, has faced criticism in recent weeks over previously undisclosed ties to a document management firm that is partly owned by members of his family. Lawyers in some cases have assailed that relationship, contending that Mr. Boies’s firm faces a conflict of interest when recommending the document management company, Amici, to a client without disclosing the family’s financial interest.” My earlier coverage of this matter can be accessed here and here (final item).

Posted at 10:30 PM by Howard Bashman

“Supreme Court’s Ginsburg says at New York lecture ‘any woman will not do'”: The Associated Press provides a report that begins, “Ruth Bader Ginsburg told an audience Wednesday that she doesn’t like the idea of being the only female justice on the U.S. Supreme Court. But in choosing to fill one of the two open positions on the court, ‘any woman will not do,’ she said.”

Posted at 10:20 PM by Howard Bashman

“Democrats revive filibuster threat; Big battle brewing over O’Connor spot on Supreme Court”: Tom Curry, national affairs writer for MSNBC, provides this report.

Steve Holland and Thomas Ferraro of Reuters provide a report headlined “Bush hears warnings about next court nominee” that begins:

U.S. Senate leaders warned President George W. Bush on Wednesday his next Supreme Court nominee will likely face a far more contentious confirmation battle than conservative John Roberts, who is poised to become U.S. chief justice.

Senate Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, emerged from a White House meeting to say he had advised Bush to hold off on making his second nomination for the court in order to see how Roberts performed as chief justice.

Specter said Bush should ask retiring Justice Sandra Day O’Connor to stay on through the court’s coming October-June term. He said he spoke to her and she agreed to stay if asked.

White House spokesman Scott McClellan made clear Bush would not accept the proposal. He said O’Connor had expressed her desire to retire and Bush would pick her replacement soon.

Bloomberg News reports that “Senator Leahy Backs Roberts to Be U.S. Chief Justice.”

The Associated Press provides reports headlined “NJ senators will vote against Roberts’ confirmation as chief justice” and “Sen. Boxer to oppose Supreme Court nominee Roberts.”

The Hill on Thursday will report that “Leahy will vote ‘yes’ on Roberts.”

And Voice of America News reports that “Senate Panel to Vote on Chief Justice Nominee Thursday.”

Posted at 8:30 PM by Howard Bashman

Just in time for Hurricane Rita, the U.S. Court of Appeals for the Fifth Circuit is again issuing opinions: You can access via this link the opinions that the New Orleans-based Fifth Circuit issued on Monday and Tuesday of this week. The Fifth Circuit is now, of course, temporarily headquartered in Houston, where the the court has already announced its closure on Friday, September 23d in anticipation of Hurricane Rita.

Posted at 3:12 PM by Howard Bashman

“Judges deciding cases have divergent views; Members sitting on 9th Circuit illustrate divide over ideology”: Howard Mintz had this article in last Friday’s issue of The San Jose Mercury News.

Posted at 11:54 AM by Howard Bashman

Appellate law blogger’s office relocates to Computer Avenue: The building in which my law firm has been located since I opened my solo appellate boutique in February 2004 was recently sold to a new landlord. As a result, I’m in the midst of overseeing the relocation of my office today from a location five minutes west of my home to a location five minutes east of my home. My new office address, telephone, and telecopy numbers are on display at my law firm’s web site. My email addresses remain unchanged.

Posted at 11:45 AM by Howard Bashman

“Governor speaks up on abortion”: The Sacramento Bee today contains an article that begins, “Gov. Arnold Schwarzenegger said Tuesday he supports the primary aim of a ballot initiative that would make most abortions for minors illegal without prior notification of the girls’ parents or guardians, saying he’d ‘kill’ someone who took one of his own daughters for an abortion without informing him.”

Posted at 11:42 AM by Howard Bashman

“Reid to vote against Roberts; Senator questions nominee’s record on civil rights”: This article appears today in The Las Vegas Review-Journal.

Posted at 11:35 AM by Howard Bashman

“Ruling Puts Patriot Act Challenge On Hold”: Lynne Tuohy of The Hartford Courant today has an article that begins, “The U.S. 2nd Circuit Court of Appeals has temporarily barred disclosure of the identities of several Connecticut librarians who received FBI national security letters demanding information about Internet use by specific library patrons.”

And in other coverage, The New York Times reports today that “Librarians Must Stay Silent in Patriot Act Suit, Court Says.”

Posted at 8:55 AM by Howard Bashman

“Senate minority chief opposes Roberts; Reid sends message to Bush on next pick for Supreme Court”: The Boston Globe contains this article today.

The Pittsburgh Post-Gazette reports today that “Senate’s chief Democrat opposes Roberts; But Reid letting colleagues vote their conscience.”

The Washington Times reports that “Next high court pick anyone’s guess” and “Roberts will ‘get plenty of votes.’

The Atlanta Journal-Constitution reports that “Democrat plans no filibuster on Roberts.”

The San Antonio Express-News reports that “Hopes high for woman or minority as Bush’s next pick.”

BusinessWeek contains a news analysis headlined “Bush’s Second Supreme Decision: He wants a woman to replace Justice O’Connor — or maybe a Hispanic, to appeal to that growing demographic; One name fits both requirements.”

Human Events Online reports that “Harry Reid Declares War on Judges Owen, Brown.”

The Cleveland Plain Dealer reports that “Appeals judge from Medina considered for top court.”

The Reno Gazette-Journal reports that “Reid says he’ll vote no on Roberts; Nevada senator ‘disturbed’ by judge’s civil rights views in ’80s.”

The Arkansas News Bureau reports that “Arkansas senators undecided on Roberts.”

The St. Petersburg Times reports that “Roberts has one sure, one likely Florida vote; But Senate Democratic leader Harry Reid says he will vote against confirming John Roberts to the high court.”

The South Florida Sun-Sentinel reports that “Republicans apply pressure on Nelson; Senator has yet to indicate how he’ll vote on Roberts.”

The Palm Beach Post reports that “Fla. GOP calls on Nelson to endorse Roberts.”

The Providence (R.I.) Journal reports that “Chafee to back Roberts for court; The nominee for chief justice won’t upset the Supreme Court’s balance, the senator argues, because he will replace another conservative.”

The Shreveport Times reports that “Roberts boosters visit area.”

The Daily Princetonian reports that “Professor Robert George offers an insider’s take on the Supreme Court.”

The Indiana Daily Student reports that “Lawyers meet at pub to discuss Court changes; Professors say nominee Roberts ‘a very fine guy.’

And The Onion offers this infographic.

In commentary, The Washington Post contains an editorial entitled “Words That Will Haunt.”

Newsday contains an editorial entitled “Confirm Roberts: Jurist has the right temperament, intellect and approach to the law.”

The Des Moines Register contains an editorial entitled “Roberts deserves Senate confirmation; His views of Constitution in step with Americans’.”

The Hartford Courant contains an editorial entitled “Judge Roberts For Chief.”

The Journal News of Westchester, New York contains an editorial entitled “Main event remains.”

The Poughkeepsie Journal contains an editorial entitled “Roberts should be confirmed.”

The Tufts Daily contains an editorial entitled “The Invisible Man.”

In USA Today, Robert Bork and David Rivkin Jr. have an op-ed entitled “Roberts battle highlights vast gulf between parties.”

In The North County Times, Sean Scott has an op-ed entitled “Roberts should answer questions.”

And in The Independent Florida Alligator, Andrew Bare has an op-ed entitled “Democrats need to vote for Roberts.”

Posted at 6:44 AM by Howard Bashman

“HLS To Cooperate With Military Recruiters; Kagan reverses policy after Pentagon threatens to cut off millions in federal grants”: This article appears today in The Harvard Crimson.

Posted at 6:40 AM by Howard Bashman