How Appealing



Thursday, September 29, 2005

“Giving Arizonans a license (plate) to devalue anything”: Today in The Arizona Republic, columnist E.J. Montini has an op-ed that begins, “The lawyer for an anti-abortion organization says he will appeal a federal judge’s decision to deny his client’s request for a special ‘Choose Life’ Arizona license plate. I choose to hope that he wins.”

Posted at 8:55 PM by Howard Bashman



“Jailed Times Reporter Freed After Source Waives Confidentiality”: The New York Times provides a news update that begins, “Judith Miller, the New York Times reporter who has been jailed since July 6 for refusing to testify in the C.I.A. leak case, was released from a Virginia detention center this afternoon after she and her lawyers reached an agreement with a federal prosecutor to testify before a grand jury investigating the matter, the paper’s publisher and executive editor said.”

Posted at 8:42 PM by Howard Bashman



“Master Roberts Polite, if a Bit Fidgety”: The Associated Press provides a report that begins, “Four-year-old Jack Roberts was the smallest person in the East Room, but he had an outsize presence as father John took the oath to become the 17th chief justice of the United States.”

Posted at 5:24 PM by Howard Bashman



“President’s Remarks at Swearing-In Ceremony of Chief Justice Roberts”: A transcript of this afternoon’s swearing-in ceremony is available at this link via the White House web site.

Posted at 4:40 PM by Howard Bashman



John G. Roberts, Jr. has taken the oath of office to be Chief Justice of the United States: C-SPAN3 (RealPlayer required) televised the ceremony. Unlike yesterday, no one mistook Justice John Paul Stevens, who administered the oath of office to Chief Justice Roberts, for Mr. Six.

Posted at 3:00 PM by Howard Bashman



“Can We Tell In Advance What Kind of Supreme Court Justices Nominees Will Make? Justice Blackmun’s Example Suggests that Our Guesses May Well Be Very Wrong.” FindLaw commentator Edward Lazarus has this essay today.

Posted at 2:40 PM by Howard Bashman



“Judge’s unorthodox rulings raise eyebrows; She’s outlawed sex by probationers, cracked down on rudeness”: This article appears today in The Dallas Morning News.

Posted at 2:35 PM by Howard Bashman



Swearing-in ceremony for Chief Justice John G. Roberts, Jr. will occur at the White House at 3 p.m. today: Justice John Paul Stevens will administer the oath. As this photograph indicates, Chief Justice Roberts is already at the White House. Some C-SPAN network or another will provide live coverage of today’s swearing-in. The Administrative Office of the U.S. Courts issued this news release today.

Posted at 2:15 PM by Howard Bashman



“Senate bill would limit Death Row appeals; Attorney and judicial groups urge its defeat”: This article appears today in The Chicago Tribune.

Relatedly, The Washington Post today contains an editorial entitled “Kill Bill.”

Posted at 12:18 PM by Howard Bashman



John G. Roberts, Jr. confirmed to be Chief Justice of the United States by a vote of 78-22: Congratulations to the new Chief Justice! I’ll post a link to the official vote tally once it becomes available online. [Update: The official roll call vote tally is available at this link.] The swearing in of Chief Justice Roberts is likely to occur at the White House this afternoon.

Posted at 11:43 AM by Howard Bashman



“Roberts Confirmed as Chief Justice; Stakes Huge with Replacement for Swing Vote O’Connor”: The organization People For the American Way has issued this press release.

And Progress for America Voter Fund has today launched a television ad (available in QuickTime; Windows Media; and Flash formats) focusing on the yet-to-be-identified nominee to replace Justice Sandra Day O’Connor.

Posted at 11:40 AM by Howard Bashman



“Roberts to Be Confirmed As Chief Justice”: Jesse J. Holland of The Associated Press provides this report. The U.S. Senate will vote on the nomination at 11:30 a.m. eastern time this morning. You can view the vote live, online on C-SPAN2 by clicking here (RealPlayer required).

Posted at 10:33 AM by Howard Bashman



Sixth Circuit holds that pretrial finding of “good cause” does not allow a federal district court to order that a defendant against whom federal prosecutors are seeking the death penalty have his guilt determined by a non-death-qualified jury: Today’s ruling of the U.S. Court of Appeals for the Sixth Circuit — involving when separate juries may be empanelled to decide the question of guilt and the question of penalty under the Federal Death Penalty Act — can be accessed at this link.

Posted at 10:24 AM by Howard Bashman



“Norwood houses’ fate up to court; Ohio justices hear arguments in case”: The Cincinnati Enquirer today contains an article that begins, “The fate of the three remaining vacant houses on the site of the planned Rookwood Exchange commercial development in Norwood went before the Ohio Supreme Court on Wednesday. For about 40 minutes, the justices listened to arguments for and against tearing down two of the three houses and questioned the attorneys on both sides. Justice Paul Pfeifer told the attorneys the case could be the first of many eminent domain cases that come before the Ohio Supreme Court because of the U.S. Supreme Court’s landmark 5-4 eminent domain decision this year.”

The city’s appellate brief is available online here. The Institute for Justice provides additional background here. My earlier coverage, including a link to video of yesterday’s oral argument, can be accessed here.

Posted at 8:54 AM by Howard Bashman



“Bush Reported Near to Nominating Judge”: This article appears today in The New York Times.

Jan Crawford Greenburg of The Chicago Tribune reports today that “Bush said to have narrowed his list for top court spot; No ideal candidate emerges from pack.”

The Dallas Morning News reports that “Second Supreme Court nomination could come today; Bush seeks diverse list, but any choice likely to provoke fight.”

The Wall Street Journal contains an article headlined “President Faces Supreme Dilemma; Bush’s Next Choice for High Court May Come Down to Which Side He Needs to Please Most” (free access).

Booth Newspapers report that “High court speculation centers on Michigan’s Corrigan.”

The Hill reports that “Hispanics, conservatives push court picks.”

The Times and Democrat of Orangeburg, South Carolina contains an article headlined “Graham: Williams ‘seriously considered.’

The Topeka Capital-Journal reports that “Judge says she isn’t on Bush’s short list.”

The Washington Times reports that “Democrats decry bias on Roberts.”

The Salem (Ore.) Statesman Journal reports that “Sen. Wyden to vote for Roberts as chief justice.”

The Salt Lake Tribune reports that “Roberts vote expected today; Bennett and Hatch back Bush’s pick.”

The Quad-City Times reports that “Harkin vows to vote against confirmation of Court nominee.”

The Arkansas News Bureau reports that “Lincoln to vote for Roberts.”

CNN.com reports that “Roberts expected to win nod as chief justice Thursday; Bush poised to name O’Connor replacement.”

Bloomberg News reports that “Senate Poised to Confirm Roberts to Be 17th U.S. Chief Justice.”

Reuters reports that “Democrats warn Bush over next top court pick.”

Voice of America News reports that “US Senate Expected to Confirm Roberts as Chief Justice Thursday.”

And The Milford Daily News reports that “Milford attorneys intrigued by court nomination.”

Posted at 7:04 AM by Howard Bashman



“School rules on his tour”: The San Antonio Express-News today contains an article that begins, “He is the senior member of the nation’s highest court. Now the acting Supreme Court chief justice, John Paul Stevens has served for 30 years. But on a tour of Northside’s newest school, John Paul Stevens High School — named in his honor — Stevens, wearing his trademark bow tie and heavy, dark-framed glasses, earned another claim to fame Wednesday. ‘Are you the guy from Fiesta Texas?’ a student in a special education class asked the justice as he shook his hand. The student wasn’t thinking about legal arguments and precedents. He was thinking about the man in the dark suit and bow tie who dances wildly on Six Flags theme park commercials.”

Posted at 7:00 AM by Howard Bashman