How Appealing

Tuesday, October 4, 2005

“Group wants suit over OHA reheard”: The Honolulu Advertiser today contains an article that begins, “A group of Hawai’i taxpayers yesterday asked the 9th U. S. Circuit Court of Appeals to reconsider a ruling that threw out most of the taxpayers’ lawsuit challenging the constitutionality of government funding for the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands.”

Posted at 11:54 PM by Howard Bashman

“Bush’s lawyer is tapped for court; Ally from early days of political career”: Jan Crawford Greenburg has this article today in The Chicago Tribune. The newspaper also contains articles headlined “Known for wisdom, loyalty to president“; “Right and left unsure what to make of Miers“; and “Bush shows rare pragmatic side; But safe choice of Miers nomination riles some on right.”

The Houston Chronicle today contains articles headlined “White House insider nominated to Supreme Court“; “Bush’s ‘pit bull in size 6 shoes’ also has soft side“; “Curiosity surrounds little-known Miers; Parties show mixed reaction as they try to assess nominee’s record“; and “Again, Hispanics disappointed; Well-qualified Latino jurists were overlooked for high court seat, leaders say.”

The Baltimore Sun today contains articles headlined “Miers chosen for court; White House counsel’s nomination sparks dismay on left and right“; “Loyalty is key in choice of Miers“; and “Bush returns to past in Miers nomination; President’s selection for Supreme Court justice goes back to an older tradition of promoting nonjudges.”

The Boston Globe contains articles headlined “Bush taps counsel for high court; Longtime aide would assume O’Connor’s seat“; “President’s pick has leaned left and right“; “For Bush, this pick may avert a battle“; “Both sides of the aisle vow to check Miers’s record“; and “By helping out Bush, Miers built her career; Solved issues in Texas and Washington.”

Newsday contains articles headlined “Bush picks from his inner circle; Nominee to replace O’Connor is counsel to White House, angers conservatives while Dems appear pleased“; “Miers is a pioneer but untested“; and “Bush nominates with an eye on the polls.”

The Los Angeles Times contains articles headlined “Bush Selects Close Ally for Court; She has no judicial record but says she would ‘strictly apply the laws’“; “A Bunt, Not a Swing for the Fences; Miers confounds Democrats and the GOP; Her sparse record is unlikely to alienate the left, but the right may not rush to her defense“; and “First Lady, Democratic Leader Helped Miers; Laura Bush wanted a female justice; Harry Reid suggested the White House counsel.”

The Washington Times reports that “Bush taps Harriet Miers for court“; “Some Republicans balk, but confirmation expected“; and “Miers’ backers calm doubters.”

The Newark Star-Ledger reports that “Bush picks top aide to fill out high court; Nomination of Miers comes on the first day of Roberts era.”

The Atlanta Journal-Constitution contains articles headlined “Bush taps loyalist for Supreme Court; White House aide a surprise to both parties” and “Nominee’s Bush ties questioned; Links to lottery, Guard irregularities alleged.”

The Denver Post reports that “Bush taps top aide as justice.”

In The San Francisco Chronicle, Bob Egelko reports that “Former colleagues offer little judicial insight on nominee; No one seems to know how she would handle key issues facing the high court.”

The Sacramento Bee contains articles headlined “Range of reactions to Bush’s court choice; Pick may dodge philosophy fight” and “Many justices have been judicial novices; Success has varied among non-judges who’ve been chosen for Supreme Court.”

The Seattle Post-Intelligencer contains articles headlined “Roberts and Miers linked to Microsoft; Each played a role in past lawsuits” and “Cantwell, Murray wait for a review of nominee.”

In The Philadelphia Inquirer, political analyst Dick Polman has an article headlined “Dodging a fight may fuel a fight.”

The Rocky Mountain News reports that “Salazar, Allard look forward to learning more about Miers.”

The Des Moines Register reports that “Some Iowans surprised by Bush’s Supreme Court choice; Lawyers and leaders see Harriet Miers’ lack of judicial experience as both a drawback and an asset.”

The Portland (Me.) Press Herald reports that “Maine senators vow to scrutinize court nominee closely.”

The Cincinnati Enquirer reports that “Ohio, Ky. senators praise high court nominee.”

The Arkansas Democrat-Gazette reports that “Pryor, Lincoln likely to face stiff lobbying before voting on Bush nominee.”

The Hartford Courant reports that “Thin Paper Trail Likely To Complicate Senators’ Evaluation Of Nominee.”

The Lawrence Journal-World reports that “Area law experts applaud Supreme Court choice.”

The Norwich Bulletin reports that “Miers nomination raises eyebrows locally.”

And The Gainesville Sun reports that “UF experts say being a judge not a must.”

Posted at 10:45 PM by Howard Bashman

“Main St. Plaza suit rejected; 10th Circuit ruling likely to end long legal battle”: This article appears today in The Deseret Morning News.

The Salt Lake Tribune reports today that “SLC, LDS win fight over plaza; Judges say the city did not endorse the church by selling the right to public access on the Main Street site.”

The Associated Press reports that “Appellate Court Backs Mormon Public Plaza.”

Blogger Fritz Schranck has a post titled “Unlikely to second-guess its own advice.”

My earlier coverage is here.

Posted at 8:44 PM by Howard Bashman

“Supreme Court hears suicide law challenge”: The Associated Press provides this preview of tomorrow’s oral argument.

And The Salem (Ore.) Statesman Journal today contains articles headlined “Oregon’s assisted-suicide case vital to many advocacy groups“; “Practicing to practice before Supreme Court; Attorneys have to be at top of their game to win over justices“; and “Willamette students differ about morality in talk about assisted suicide.”

Posted at 8:33 PM by Howard Bashman

“Stickler Shock: Do Harriet Miers and John Roberts believe in the right to proper punctuation?” At Slate’s “The Has-Been,” Bruce Reed has this post.

Posted at 4:44 PM by Howard Bashman

“Bush’s nomination of Miers splits conservatives; President predicts critics will be ‘amazed’ by her character, intellect”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 4:12 PM by Howard Bashman

“Prosecutor Thought Libby Deliberately Failed To Intervene On Reporter’s Behalf”: Today in The New York Sun, Josh Gerstein has an article that begins, “A special prosecutor investigating the leak of a CIA operative’s identity concluded earlier this year that the Vice President’s chief of staff, I. Lewis Libby, deliberately failed to intervene with a New York Times reporter jailed for refusing to testify in the probe because it would not be to his advantage for her to speak freely, according to a letter obtained by The New York Sun.” The letter in question can be viewed at this link.

Posted at 3:50 PM by Howard Bashman

“In this case, the Microsoft Corporation, through its subsidiary, Microsoft Licensing, Inc., and business partner, Wetmore, attempted to set an ill-conceived trap to ensnare a suspected software pirate, HGI. The trap, however, only managed to ensnare Wetmore.” So begins the “Background” section of an interesting decision that Circuit Judge Stanley F. Birch, Jr. issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. And matters may only get worse for Wetmore as a result of today’s ruling.

Posted at 3:10 PM by Howard Bashman

The wire services are reporting: Jesse J. Holland of The Associated Press reports that “Hatch Offers Support for Miers Nomination.” And in other news, “O’Connor Named Chancellor at Va. College” (additional information is available in a press release entitled “Supreme Court Justice Sandra Day O’Connor to succeed Secretary Henry A. Kissinger as William and Mary Chancellor“).

Meanwhile, Bloomberg News reports that “Bush Seeks to Reassure Conservatives on Miers Views.”

Posted at 2:15 PM by Howard Bashman

“Harriet Miers, White House Counsel, Speech at Republican Nat’l Lawyers Assn.” C-SPAN provides online the video (RealPlayer required) of a speech delivered April 22, 2005.

Posted at 2:08 PM by Howard Bashman

“The Truman Show: How could the same president choose Roberts and Miers? Easily. In fact, we’ve seen this kind of presidential appointment pattern before–under Harry Truman.” William J. Stuntz has this essay (pass-through link) online today at The New Republic.

Posted at 1:50 PM by Howard Bashman

“I picked the best person I could find”: The White House has posted online at this link a transcript of this morning’s Presidential press conference, at which President Bush was questioned about his U.S. Supreme Court nomination announced yesterday.

Posted at 1:15 PM by Howard Bashman

Justice Stephen G. Breyer’s visit is allegedly unrelated to law student’s “best legs” victory: As I noted here this morning, The Des Moines Register reports today that “High court justice to speak at Drake.” It just so happens that the same law school is attended by the winner of the Gillette Venus Vibrance “Legs of a Goddess” contest, as earlier noted here. More information about Justice Breyer’s visit is available at this link.

Posted at 12:18 PM by Howard Bashman

Plus, Hugo Black guest-starred on “Night Court” once: Last night, I noted here that FindLaw had posted a list of “Supreme Court Justices Without Prior Judicial Experience Before Becoming Justices.”

This morning, a reader emailed:

I have a vague recollection (from reading Roger Newman’s biography) that Justice Black had served as a police court judge decades before he became a Supreme Court justice. Unfortunately, I don’t have the book here in my office, but I did find this Wikipedia entry online.

According to the entry, “Black’s experience as a police court judge was his only judicial experience prior to his Supreme Court appointment.”

Posted at 11:30 AM by Howard Bashman

“But lest there be any doubt, the idea that the death penalty is fairly and rationally imposed in this country is a farce.” Sixth Circuit Judge Boyce F. Martin, Jr. today dissented from a three-judge panel’s ruling rejecting a habeas corpus challenge to a state court-imposed death sentence. The following paragraph appears at the end of Judge Martin’s dissent:

I have no delusions of grandeur and I know my place in the judiciary. My oath requires me to apply the law as interpreted by the Supreme Court of the United States. I will continue to do as I am told until the Supreme Court concludes that the death penalty cannot be administered in a constitutional manner or our legislatures abolish the penalty. But lest there be any doubt, the idea that the death penalty is fairly and rationally imposed in this country is a farce.

You can access the complete ruling at this link.

Posted at 10:25 AM by Howard Bashman