How Appealing

Tuesday, September 27, 2005

“Dover board members accused of pushing creationism”: The Philadelphia Inquirer provides this news update.

The Associated Press reports that “Witness Says Pa. Board Was Anti-Evolution.”

The Knight Ridder Newspapers report that “Scientific support for ‘intelligent design’ disputed.”

The York (Pa.) Daily Record today contains articles headlined “Dover’s test begins; As the trial got under way, a scientist testified intelligent design is ‘dangerous’“; “Defense: It isn’t about religion; Attorneys said the board did not consider intelligent design religious“; and “Institute: Both sides wrong; Two members of the Discovery Institute attended the trial but did not participate.”

Yesterday’s edition of The York Daily Record contained articles headlined “Board ready for trial; Dover Area board’s former president said he’s prepared to take the stand” and “Pastor: ‘I see a designer’; A school official said intelligent design is not an attempt to push religion.”

Finally for now, today’s broadcast of NPR‘s “Day to Day” contained a segment entitled “Slate’s Jurisprudence: Battle over ‘Intelligent Design’” (RealPlayer required) featuring Dahlia Lithwick.

Posted at 9:00 PM by Howard Bashman

“Supreme Court to Weigh in on Campaign Spending Limits; High court will also decide on state tax breaks for corporations and the right to stop and search parolees”: David G. Savage of The Los Angeles Times provides this news update.

Linda Greenhouse of The New York Times has a news update headlined “Justices Agree to Review Campaign Spending Limits.”

And in Wednesday’s edition of The Washington Post, Charles Lane will have an article headlined “High Court to Decide Campaign Finance Cases.”

Posted at 8:44 PM by Howard Bashman

“Pennsylvania Court Says Children’s Welfare Comes Before Rights of Biological Parent in Case Involving Lesbian Mothers”: Lambda Legal Defense and Education Fund has issued this press release today in connection with a not-for-publication ruling that a three-judge panel of the Superior Court of Pennsylvania issued yesterday. The brief that Lambda Legal filed in the case can be accessed here. The Pa. Superior Court does not post its not-for-publication rulings online.

Posted at 7:00 PM by Howard Bashman

En banc Eighth Circuit divides equally over whether district court abused its discretion by departing downward 75 percent for substantial assistance in sentencing defendant indicted for conspiracy to distribute 500 grams or more of methamphetamine: As a result of the en banc court’s deadlock, the trial court’s sentence is affirmed. Today’s en banc order can be accessed here, while the since-vacated opinion by a unanimous three-judge Eighth Circuit panel affirming the sentence is here.

Posted at 11:40 AM by Howard Bashman

“Toward the Framers’ Understanding of Advice and Consent: An Historical and Textual Inquiry.” This article (abstract with link to download) by Adam J. White will appear in the Fall 2005 issue of the Harvard Journal of Law and Public Policy. The article concludes that “‘advice and consent,’ as likely understood by the Framers, did not include an implicit Senate obligation to act on judicial nominations.”

Posted at 10:30 AM by Howard Bashman

“JAGS Not Welcome: America’s top law schools try to figure out a way around the Solomon Amendment.” Scott Johnson has this essay online at The Weekly Standard.

Posted at 10:00 AM by Howard Bashman

Today’s U.S. Supreme Court Order List: The Order List, by means of which the Court agreed to hear eleven new cases, can be accessed at this link. “SCOTUSblog” describes here what issues the cases present. And Law Professor Rick Hasen, at his “Election Law” blog, asks whether today’s cert. grants will herald a new era in the Court’s campaign finance jurisprudence.

Posted at 9:30 AM by Howard Bashman

“Evolution Lawsuit Opens in Pennsylvania”: The New York Times contains this article today.

The Washington Post reports today that “Pa. Case Is Newest Round in Evolution Debate; ‘Intelligent Design’ Teaching Challenged.”

The Chicago Tribune reports that “Intelligent design duels Darwin in ‘Scopes II’; In a federal case that could echo across U.S., parents argue school district flouts Constitution.”

The Philadelphia Inquirer contains an article headlined “First day for trial on ‘intelligent design’; The case pits the Dover Area School District against eight families who say the teaching violates church and state.”

The Atlanta Journal-Constitution reports that “Intelligent design suit inspired by local man’s ideas.”

Newsday reports that “Evolution controversy intensifies; Families sue after school board says ‘intelligent design’ should be addressed in science curriculum.”

The Allentown Morning Call reports that “‘Intelligent design’ goes on trial.”

The Harrisburg Patriot-News contains articles headlined “Professor says Dover ‘misleads’ students; Science-class text creates confusion, witness tells court” and “Harrisburg finds itself in the spotlight.”

And The News Journal of Wilmington, Delaware reports that “Del. schools sticking with evolution.”

Posted at 7:10 AM by Howard Bashman

“Roberts Debate Starts, but Outcome Is Clear”: This article appears today in The New York Times, along with an article by Adam Liptak headlined “Clues on How Roberts Might Rule on Libel.”

Today in The Wall Street Journal, Jess Bravin has an article headlined “Assessing a Wishlist for the Justice System; Changes on Supreme Court Could Advance Goals Of Reagan-Era Document on Constitution” (free access).

The Houston Chronicle reports that “Bush hints ‘diversity’ will guide next pick; His choice could make history with a Hispanic justice.”

The Pittsburgh Post-Gazette reports that “President signals diversity influencing next top-court pick; Roberts vote likely to occur by Thursday” and “Specter asks Supreme Court to let TV cover its sessions.”

Newsday reports that “Bush must choose his battles; His popularity depressed, the president has to decide how much he’s willing to fight for next court pick.”

The San Francisco Chronicle contains an article headlined “A prequel for the next showdown: Shadow falls on beginning of Roberts hearing in the full Senate.”

The Los Angeles Times reports that “4 Democrats on ’08 List to Vote Against Roberts; Some say the senators’ decisions have a strong political dimension; Party activists are insisting that candidates staunchly resist Bush.”

The Washington Times reports that “Roberts seen headed to easy Senate confirmation.”

And The Hill reports that “Leahy felt blindsided by Sen. Reid.”

In commentary, The Day of New London, Connecticut contains an editorial entitled “Confirm Judge Roberts: Legal brilliance, experience commend him for the Supreme Court.”

The Washington Times contains an op-ed by Bruce Fein entitled “Under the law.”

And in The Washington Post, columnist George F. Will has an op-ed entitled “For Roberts, Hubris And Heartstrings…,” while columnist Richard Cohen has a companion op-ed entitled “…And an Easy Life With Easy Answers.”

Posted at 6:50 AM by Howard Bashman

“Bush Lawyers Ask Justices to Revive Limit on Abortion; The appeal seeks to reinstate a late-term ban that has been ruled unconstitutional”: David G. Savage has this article today in The Los Angeles Times.

Posted at 6:45 AM by Howard Bashman