How Appealing

Monday, September 26, 2005

“Solomon Brief Tackles Federal Aid; Friend-of-the-court brief argues amendment justifies funding to universities”: This article appears today in The Harvard Crimson.

Posted at 8:44 PM by Howard Bashman

“John Roberts v. Thurgood Marshall: In 1954, the Supreme Court thought it had ended public school segregation; It was wrong.” Nat Hentoff has this essay online today at The Village Voice.

Posted at 8:40 PM by Howard Bashman

Senior circuit judge’s general discussion five years ago about possibly retiring from the bench and then working for a law firm representing a party in an appeal now pending before that judge does not provide a basis for recusal: Senior Second Circuit Judge Ralph K. Winter issued this opinion today explaining the basis for his decision not to recuse from hearing an appeal.

Posted at 5:00 PM by Howard Bashman

“Young John Roberts: Reasonable On Civil Rights.” Stuart Taylor Jr. has this essay in today’s issue of National Journal.

Posted at 4:52 PM by Howard Bashman

“Uncomfortable Positions: Roberts will be confirmed; But Democrats shouldn’t embrace him.” John B. Judis has this essay (pass-through link) today online at The New Republic.

And last Friday, The Nation posted online an essay by Bruce Shapiro entitled “The Roberts Converts.”

Posted at 1:48 PM by Howard Bashman

Proceedings in the military trial of Australian Guantanamo prisoner David Hicks have been postponed: The presiding officer in United States v. Hicks issued this order last Friday. Under the new schedule, preliminary motions won’t be heard until November 18, 2005.

Just last week, it was widely reported that preliminary motions would be heard in the Hicks case as early as October 3, 2005. Reuters reported last week that “US to resume trial of Australian Guantanamo inmate” and “Defense not ready for Australian’s Guantanamo trial.” The Australian reported last week that “Hicks to face hearing within 30 days.” And The Age of Mebourne published an article headlined “OK for Hicks trial ‘an abomination.’

In today’s other development, Reuters reports that “Australian held in Guantanamo seeks UK passport.” The Age today contains an article headlined “Hicks aims yorker at trial plan” and provides an online news update headlined “Citizenship bid may be too late for Hicks.” The Sun (UK) provides a news update headlined “Terror man’s Brit bid.” And The Sydney Morning Herald on Tuesday will report that “Delay in citizenship bid pits Hicks against time.”

Posted at 10:40 AM by Howard Bashman

A/k/a “Guilty-Until-Proven-Innocent”? Saturday’s edition of The Daily Local News of West Chester, Pennsylvania contained an article headlined “Lawyer: Client not a ‘Scuz’” that begins, “The Merriam-Webster Dictionary, 11th edition, defines scuzzball as ‘an unpleasant, dirty or dangerous person; creep.’ It defines scuzzy as ‘dirty, shabby or foul in condition or nature.’ Court-appointed defense attorney Laurence Harmelin, citing the dictionary notation, contends that his client, accused killer Demetrius ‘Scuz’ Fiorentino, is neither. Harmelin asked Common Pleas Court Judge Phyllis Streitel Friday to preclude any references to Fiorentino’s nickname in the upcoming murder trial.”

Posted at 9:40 AM by Howard Bashman

“Scalia Defends Government’s Right to Deny Art Funds”: This article appeared Friday in The New York Times (via “Underneath Their Robes“).

And in related news, an article headlined “A Justice as Parade Leader” begins, “Justice Antonin Scalia of the United States Supreme Court will serve as grand marshal for the Columbus Day Parade in Manhattan this year, the parade’s organizers said yesterday.”

Finally, nineteen years ago today, “William H. Rehnquist was sworn in as the 16th chief justice of the United States, while Antonin Scalia joined the Supreme Court as its 103rd member.”

Posted at 8:18 AM by Howard Bashman

“Bush Again Faces Tough High Court Choice”: David G. Savage and Richard B. Schmitt have this article today in The Los Angeles Times.

USA Today reports today that “Roberts has solid support as final debate begins; Colo. Democrat Salazar backing Bush’s nominee for chief justice.”

The Rocky Mountain News reports that “Salazar to back Roberts; Senator based decision on chief justice nominee’s assurances in 5 key areas.”

The Denver Post reports that “Salazar to back Roberts for court; Judge ‘will not have an agenda’; The nominee’s concern about his own daughter’s future was a factor, the Colorado senator says.”

The Washington Times reports that “Roberts vote splits Democrats.”

In The Pittsburgh Post-Gazette, Michael McGough has a news analysis headlined “Bush must avoid court nominee who is out of mainstream.”

And The Savannah (Ga.) Morning News reports that “Savannah attorney is dead ringer for Roberts.”

In commentary, The St. Petersburg Times contains an editorial entitled “How would Roberts rule?

The New York Sun contains an editorial entitled “Unpacking the Court.”

The Los Angeles Daily News contains an editorial entitled “Confirmation time: Roberts deserves to be chief justice.”

The News Journal of Wilmington, Delaware contains an editorial entitled “Privacy is the starting point for precedents and future court cases.”

The Allentown Morning Call contains an editorial entitled “As Judge Roberts heads to confirmation.”

In this past Saturday’s edition of Weekend Journal, Melanie Kirkpatrick had an op-ed entitled “Chick List: A look at the women who may replace Justice O’Connor.”

In The South Florida Sun-Sentinel, U.S. Senator Larry Craig (R-ID) today has an op-ed entitled “Congress oversteps bounds intervening in case.”

And in The Denver Post, columnist Jim Spencer has an op-ed entitled “Salazar’s gut choice defies logic.”

Posted at 6:45 AM by Howard Bashman

“A Web of Faith, Law and Science in Evolution Suit”: This article appears today in The New York Times.

And The Los Angeles Times reports that “‘Intelligent Design’ Trial Begins Today; A court case brought by parents in Pennsylvania could have a profound impact on America’s debate over religion and its role in public life.”

Meanwhile, last Friday’s edition of The York Daily Record reported that “Spotlight baffling Dover; Many aren’t aware the intelligent-design lawsuit has gained national attention.” Additional coverage, published in yesterday’s newspapers, is available here.

Posted at 6:40 AM by Howard Bashman