How Appealing



Wednesday, September 21, 2005

“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



Tuesday, September 20, 2005

“Law School To Allow Military Recruiters On Campus; HLS decision comes after Pentagon threatened to withhold federal grants”: The Harvard Crimson provides this news update.

Posted at 9:55 PM by Howard Bashman



Kelo testifies about Kelo: Today the Senate Judiciary Committee held a hearing titled “The Kelo Decision: Investigating Takings of Homes and other Private Property.” You can access via this link the prepared testimony of the witnesses who appeared, including the testimony of Susette Kelo, the lead petitioner in Kelo v. City of New London.

Over at “Balkinization,” Marty Lederman has a post titled “The Myths of Kelo” focusing on today’s prepared testimony from Law Professor Thomas W. Merrill.

Posted at 9:10 PM by Howard Bashman



“Judicial Conference Supports Citing Unpublished Opinions; Policy-making arm of federal judiciary takes no position on splitting of 9th Circuit”: law.com’s Tony Mauro provides this news update.

Posted at 7:54 PM by Howard Bashman



“Roberts Fails to Meet the Test: People For the American Way Post-Hearing Report.” The organization People For the American Way issued this press release today, and the new report — the organization’s “final report on Chief Justice nominee John Roberts” — can be accessed here.

Posted at 5:02 PM by Howard Bashman



“Conference Memorializes Late Chief Justice; Acts on Administrative, Legislative Matters”: The Administrative Office of the U.S. Courts has today issued a news release that states, among other things, that today the Judicial Conference of the United States:

Approved new Rule 32.1 of the Federal Rules of Appellate Procedure, which concerns the citation of unpublished opinions. The proposed rule, which still must be approved by the Supreme Court and transmitted to Congress, was first published for comment in August 2003. Since then, studies have been conducted, a public hearing convened, and more than 500 comments submitted. The present practice governing citation of unpublished opinions varies among the circuits, with some permitting citation, others disfavoring citation but permitting it in certain circumstances, and others prohibiting citation. Proposed Rule 32.1 permits the citation in briefs of opinions, orders, or other judicial dispositions that have been designated “not for publication,” “non-precedential,” or the like. The rule applies only to decisions issued on or after January 1, 2007.

This is excellent news, and I congratulate all who have worked tirelessly over the past many years to bring this result to fruition.

Posted at 4:55 PM by Howard Bashman



When free hit counters attack: Yesterday, I noticed that my first visit of the day to “How Appealing” was accompanied by an annoying “pop-up” ad for online poker. This afternoon’s pop-up ad was for some type of dating service. Apparently the free Nedstat basic hit counter that this blog was using to count visitors was serving up these ads. In any event, I have removed the hit counter from my site and its Movable Type archives, so those of you who visit in search of online poker and dating services will once again be forced to look elsewhere (or you can visit my pre-March 2005 archive pages). I offer my apologies to all who had to endure the annoyance of these pop-up ads over the last day or so.

Posted at 3:14 PM by Howard Bashman



“From Hegel to Wilson to Breyer: Liberal constitutional theory returns to its foreign roots.” Online at The Weekly Standard, Paul Mirengoff and Scott Johnson have this essay today.

Posted at 12:22 PM by Howard Bashman



Upcoming speaking engagements: This Friday, I’ll be at The Thomas M. Cooley Law School in Lansing, Michigan to give a noontime speech to that law school’s Federalist Society chapter.

On Saturday, October 29, 2005, another well-known law blogger and I will be participating in a panel presentation at the U.S. District Court for the Eastern District of California‘s 2005 Conference in Monterey, California.

And on Monday, November 7, 2005, I’ll be in Chicago, Illinois at the invitation of the University of Chicago Law School‘s American Constitution Society chapter to debate the Solomon Amendment case with the founder and president of Forum for Academic and Institutional Rights.

Posted at 10:28 AM by Howard Bashman



“DoD withholds funds from three law schools”: The Yale Daily News today contains an article that begins, “The Pentagon has targeted three small law schools it says are violating a law requiring campus access for military recruiters and has classified them as ineligible for federal funding, even as it has declined to pursue the high-profile law schools where the debate over the constitutionality of banning such recruiters has been centered.”

Posted at 10:15 AM by Howard Bashman



“Cameras Headed To Court? Bill Would Put Supremes on Air.” Roll Call today contains this article (subscription required) about a bill under consideration in the U.S. Congress.

Posted at 9:48 AM by Howard Bashman



“England faces court-martial again in Abu Ghraib scandal; After a mistrial and delays, she is not expected to plead guilty as trial starts today”: The Houston Chronicle contains this article today.

Posted at 9:44 AM by Howard Bashman



“White House Is Said to Shift Names on List for 2nd Seat”: This article appears today in The New York Times.

Tom Curry, national affairs writer for MSNBC, has a report headlined “Which Democrats will vote ‘yes’ on Roberts? Keeping an eye on Clinton, Bayh, and other presidential contenders.”

The Pittsburgh Post-Gazette reports that “Specter says he’ll back Roberts; calls him ‘fair, non-ideological.’

The Philadelphia Inquirer reports that “Specter says he’ll vote in favor of the ‘well-qualified’ Roberts; He said the nominee didn’t answer all of his questions, but tackled more than he had to.”

The San Francisco Chronicle reports that “Pro-choice Republican senator says he’ll vote for Roberts; Specter cites judge’s remarks on right to privacy.”

The New York Sun reports that “With Nod From Specter, Roberts Gets a Big Advance.”

The Washington Times reports that “Specter will back Roberts for court.”

And The Richmond Times-Dispatch reports that “Roberts impressed Virginia lawyers.”

In commentary, The Los Angeles Times contains an editorial entitled “Confirm Roberts.”

The Louisville Courier-Journal also contains an editorial entitled “Confirm Roberts,” as does The Winston-Salem Journal.

The San Antonio Express-News contains an editorial entitled “Roberts deserves OK to be the chief justice.”

The Amarillo Globe-News contains an editorial entitled “Passing judgment on Judge Roberts; Nominee deserves confirmation.”

The Kennebec (Me.) Journal contains an editorial entitled “Confirm John Roberts as chief justice.”

The Tucson Citizen contains an editorial entitled “Roberts shows he is qualified for high court.”

And The Berkshire Eagle contains an editorial entitled “Roberts earns confirmation.”

Posted at 6:44 AM by Howard Bashman



Monday, September 19, 2005

“Recruits Sought for Porn Squad”: Tuesday’s edition of The Washington Post will contain an article that begins, “The FBI is joining the Bush administration’s War on Porn. And it’s looking for a few good agents.”

And in news from Syracuse, New York, The Post-Standard reports today that “Topless case goes to court.”

Posted at 11:04 PM by Howard Bashman