How Appealing

Friday, September 30, 2005

“Dover board members pushed creationism, witnesses testify”: The Harrisburg Patriot-News contains this article today.

The Pittsburgh Post-Gazette today contains an article headlined “Ex-official: Board broke with curriculum policy; Witness testifies was called an ‘atheist’ for evolution-only stance.”

And The York Daily Record contains articles headlined “Mural at issue; Two members applauded the burning of a depiction of evolution, Casey Brown testified“; “150 attend meeting on ‘stupid’ theory“; “Before statement, a custom; Dover teachers had a way to address evolution questions, Casey Brown said“; and “Gov. Rendell backs evolution; A group asked him to keep intelligent design out of science class.” In addition, columnist Mike Argento has an op-ed entitled “The Buckingham school: No civil liberties allowed.”

Posted at 11:00 PM by Howard Bashman

Trial judge cites nothing in support of his position, not even a blawg! Earlier today, I noted Ninth Circuit Judge Alex Kozinski‘s dissenting opinion in In re Complaint of Judicial Misconduct. A reader has just emailed to note the following passage from Judge Kozinski’s dissent:

Throughout these lengthy proceedings, the judge has offered nothing at all to justify his actions–not a case, not a statute, not a bankruptcy treatise, not a law review article, not a student note, not even a blawg.

The passage appears on page 29 of the dissent, which is also page 36 of the PDF file. A quick Westlaw search indicates that, previously, no published opinion had ever used the term “blawg.”

Posted at 4:23 PM by Howard Bashman

“Lights, Camera, Nomination: High court theater provides suspense for by-the-script politics.” Jeff A. Taylor has this essay online at Reason.

Online at The New Republic, Akiba Covitz and Mark Tushnet have an essay entitled “Political Appointee: Why Bush should name a politician to the Court.”

Online at The Weekly Standard, Christopher Levenick has an essay entitled “The Conservative Persuasion: John Roberts’s studies in intra-court politics bode well for his tenure as chief justice.”

And online at The American Prospect, Charles P. Pierce has an essay entitled “Bench-Clearing Brawls: John Roberts wants to be an umpire, huh? Well, let him have it.”

Posted at 3:40 PM by Howard Bashman

“High Court justices compare their roles”: Harvard Law School today posted online a news release that begins, “On Wednesday, September 28, Supreme Court Justices Stephen Breyer and Antonin Scalia were joined by their British counterparts for a wide-ranging panel discussion on the similarities and differences between the judicial systems in the U.S. and U.K.” Thanks to HLS, you can access at this link (RealPlayer required) archived video of the event. And “NinoVille” offers a partial transcript here.

Posted at 2:30 PM by Howard Bashman

In re Complaint of Judicial Misconduct: Late yesterday, the Judicial Council of the U.S. Court of Appeals for the Ninth Circuit posted online this decision, which includes an unusual thirty-nine-page dissent by Circuit Judge Alex Kozinski. The final paragraph of Judge Kozinski’s dissent begins: “I also believe that the aggrieved creditors are entitled to an apology from the judges of our circuit for the cost, grief and inconvenience they suffered in one of our courts because of the district judge’s unprofessional behavior.”

Posted at 1:14 PM by Howard Bashman

“With Roberts In, Bush Looks Ahead; Senate Confirms by 78-22; Nominee for O’Connor Seat Likely to Face Harder Road”: Jeanne Cummings and Jess Bravin have this article (pass-through link) today in The Wall Street Journal.

The Sacramento Bee reports today that “Roberts sworn in as U.S. chief justice.”

The Telegraph (UK) reports that “Bush’s favourite is sworn in to key court role.”

The Rockford (Ill.) Register Star reports that “Local prosecutor on hand for Roberts’ swearing-in; He’s ‘a brilliant man,’ Winnebago County State’s Attorney Paul Logli says of the new chief justice.”

The Reno Gazette-Journal reports that “Local judges expect more contention in next nomination.”

And The UCLA Daily Bruin reports that “Court faces uncertain future.”

Posted at 10:40 AM by Howard Bashman

2005 Term previews: With the Supreme Court of the United States scheduled to begin its new Term with the first day of oral arguments Monday, here are links to online video of two recent 2005 Term previews.

The ACLU held its preview (RealPlayer required) on Monday of this week. A related press release is here.

And the American Constitution Society held its preview (RealPlayer required) just two days ago, on Wednesday. “ACSBlog” provides some additional information.

Posted at 10:33 AM by Howard Bashman

No Payne, no gain: Yesterday, the White House nominated Chief U.S. District Judge James H. Payne of the Eastern District of Oklahoma to serve on the U.S. Court of Appeals for the Tenth Circuit. Chief Judge Payne also serves on the Northern and Western Districts of Oklahoma, and he reportedly was disappointed to learn that he hadn’t been nominated to serve on three distinct U.S. Courts of Appeals. The Tenth Circuit vacancy will arise when Circuit Judge Stephanie K. Seymour takes senior status next month.

Posted at 9:05 AM by Howard Bashman

“Oregon might be getting its own Justice Roberts”: The Associated Press provides a report that begins, “Former Oregon Labor Commissioner Jack Roberts is considering a run for the Oregon Supreme Court.”

Posted at 7:18 AM by Howard Bashman

“Magistrate Judge Kristi DuBose has been tapped for a federal judgeship by President Bush; Bush nominates U.S. Magistrate Judge from Daphne to replace Judge Butler in Mobile”: This article appears today in The Mobile Register. Congrats to my former law school classmate, the first from our Emory Law School class to be nominated to a lifetime appointment to the federal bench.

Posted at 7:04 AM by Howard Bashman

“Senate Confirms Roberts as 17th Chief Justice”: The New York Times contains this article today. And Linda Greenhouse has an article headlined “New Leader, Tough Issues for Court in Transition.”

The Washington Post reports today that “Roberts Confirmed as 17th Chief Justice; Senate Republicans Are Unanimous, Democrats Evenly Split” and “The Job of a Lifetime? You Got That Right.”

The Los Angeles Times reports that “Roberts Is Sworn In as Chief Justice; Much of Washington’s attention has already turned to the other court vacancy, which could be much more contentious.” And a news analysis is headlined “GOP Takes One Step Forward, One Step Back; With Roberts sworn in, conservative gains may look enduring; But falling poll numbers could signal a weakness in Republican strategy.”

In The Chicago Tribune, Jan Crawford Greenburg reports that “Roberts sworn in as chief; 17th chief justice is president’s 1st stamp on court.”

In USA Today, Kathy Kiely and Joan Biskupic report that “Roberts era begins on Supreme Court; Bush’s next pick in works.” And Joan Biskupic has a second article headlined “Big cases leave chief justice little time to settle in; Arguments are Wednesday on assisted suicide.”

The Toronto Globe and Mail reports that “Rumour mill spins as Roberts sworn in; Talk is of who will be nominated to fill second vacancy on Supreme Court.”

Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers report that “Roberts sworn in as chief justice of the U.S. Supreme Court.” And in related coverage, “Politically weakened Bush under pressure from all sides on 2nd pick.”

The New York Sun reports that “New Battle Looms as Roberts Is Sworn in.”

The Washington Times contains articles headlined “Roberts confirmed to high court” and “Bush may name next nominee in days.”

The San Francisco Chronicle reports that “Roberts sworn in as Democrats warn of battle on next nominee; Feinstein and Boxer among 22 senators to vote against Bush’s choice for chief justice.”

The Denver Post reports that “Roberts sails through; New chief justice sworn in after Senate vote.”

Newsday contains an article headlined “Hail to the new chief; Roberts is sworn in as nation’s top justice; Bush announcement on 2nd opening could come as early as today.”

The Dallas Morning News reports that “A new era begins as Roberts takes oath; Top justice OK’d despite Democrat holdouts; pivotal issues await.”

In The Boston Globe, Charlie Savage reports that “Roberts becomes nation’s 17th chief justice; He wins 78-22 vote; new court pick nears.”

The Harvard Crimson reports that “Grad Sworn In As Court Chief; Senate confirms Roberts ’76 as chief justice in 78-to-22 vote.”

The Houston Chronicle reports that “Roberts sworn in as Chief Justice; Takes oath just in time to make it to the bench by Monday, opening day of new session.”

The Pittsburgh Post-Gazette reports that “Roberts takes oath as 17th chief justice; Half of Senate Democrats join majority in voting to confirm him.” And Michael McGough has a news analysis headlined “Roberts’ self-portrait neutralized opposition.”

The Atlanta Journal-Constitution reports that “Roberts takes oath; next nominee awaited.”

The St. Petersburg Times reports that “Roberts is chief; Now who’s next? Democrats promise a fight if President Bush’s choice for Sandra Day O’Connor’s replacement is too conservative.”

The Newark Star-Ledger reports that “78-22 Senate vote ushers Roberts onto high court.”

The Dayton Daily News reports that “Bush could give nod to Ohio’s Batchelder.”

And The Record of Stockton, California reports that “Callahan called ideal choice.”

Posted at 6:50 AM by Howard Bashman

“The Pledge, Prudence and Precedent: A Comment on Judge Karlton’s Recent Ruling on the Words ‘One Nation Under God'”: FindLaw commentator Vikram David Amar has this essay today.

Posted at 6:35 AM by Howard Bashman