How Appealing

Thursday, October 6, 2005

“11th Circuit Weighs What Counts as ‘Face to Face’; Federal appeals court asked if videoconferenced testimony violates Sixth Amendment”: provides this report. My earlier coverage is here.

Posted at 10:23 PM by Howard Bashman

“City hosts justices; California Supreme Court holds special session in Redding”: The Record Searchlight of Redding, California today contains an article that begins, “The California Supreme Court packed them in Wednesday when it conducted a special session in Redding, the first time in its history that it has held proceedings north of Sacramento.”

Posted at 10:18 PM by Howard Bashman

“Miers espoused progressive views as elected official, records show”: Stephen Henderson of Knight Ridder Newspapers provides this report.

The Dallas Morning News on Friday will report that “Key GOP senator balks at Miers.”

At, Marcia Coyle has an article headlined “Life Without the Critical Fifth Vote: A look at some of the key high court cases likely to be affected by O’Connor’s absence.”

The Associated Press provides reports headlined “Newsview: Miers Lacks Court Qualifications“; “Adversary says Miers unpleasant but not dishonest“; and “Scotus Poll.”

You can access online the results released today of a poll described as “AP/Ipsos Poll: Supreme Court Nominee Miers Has Less Public Support Than Roberts Had.”

At, Dan Noyes has an essay entitled “Harriet Miers is all business: Bush’s Supreme Court nominee does have a paper trail — leading to major corporations.” And Amy Sullivan has an essay entitled “Miers: Not the first evangelical justice; Born-again Christians say they’re unrepresented. But Clarence Thomas was an evangelical when he joined the court.”

In The Dallas Observer, Jim Schutze has an article headlined “Die-In: Harriet Miers’ conservative views drew threats of an ugly protest in 1989.” And back on January 4, 2001, The Dallas Observer published an article headlined “Dubya, We Knew You When…; With a homeboy headed for the White House, a handful of his Dallas pals have hopes of making their mark on Washington.”

In The Seattle Weekly, Rick Anderson has an essay entitled “Harriet Miers and MS-DOS: The Supreme Court nominee helped defend Microsoft against consumer lawsuits.”

In The Boston Phoenix, Harvey A. Silverglate has an essay entitled “Harriet Miers: news from nowhere.”

And The Village Voice provides reports headlined “The Conservative Crack-Up Over Harriet Miers; Groans heard as Bush hands Court pick to mystery nominee” and “The Whistleblower and Harriet Miers: Questions linger about Court nominee’s time with Texas Lottery.”

Posted at 9:44 PM by Howard Bashman

“Oregon’s controversial suicide law Chief Justice’s first case”: This article appears Friday in The Sydney Morning Herald.

The Telegraph (UK) reports today that “New US Supreme Court chief defends euthanasia curbs.”

The Guardian (UK) reports today that “Assisted suicide case opens.”

The Sacramento Bee reports that “Roberts presides over assisted-suicide case; The Supreme Court seems sharply split over Oregon’s law.”

The Oregonian contains articles headlined “Justices clash over fate of Oregon’s suicide law; Appearing divided, court debates federal, state roles“; “‘The issue here is control’ in dying, plaintiff says“; and “In Congress: Wyden and Wu say they’re ready for a new fight.” The newspaper also contains an editorial entitled “Roberts comes out swinging; The new chief justice seems to signal doubts about Oregon’s doctor-assisted suicide law.”

The Salem Statesman Journal contains articles headlined “Justices grill lawyers about case; The assisted-suicide hearing sheds little light on the court’s leanings“; “Debate over Oregon’s unique law intensifies; Supreme Court is calm inside, chaotic outside as activists fill steps“; “Willamette law professor follows arguments; Valerie Vollmar says court has a narrow view of the issue“; and “Legal process, not outcome, informed people, doctor says; Statewide debate likely taught people about death issues.”

The Eugene Register-Guard reports that “Supreme test for Oregon; Justices’ questions focus on federal authority over state’s law.”

The Associated Press reports from Oregon that “Terminal patient has his pills, says he will die on his terms.”

Slate offers an explainer headlined “How Does Assisted Suicide Work? A guide to ‘Death With Dignity’ in Oregon.”

And yesterday evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment entitled “Supreme Court Hears Divisive Assisted Suicide Case” (transcript with links to video and audio).

Posted at 7:54 PM by Howard Bashman

“Experience needed? The long history of nonjudge justices; Nearly half of justices had no prior experience on the bench.” Warren Richey will have this article Friday in The Christian Science Monitor.

Posted at 5:45 PM by Howard Bashman

Today the U.S. Court of Appeals for the Eleventh Circuit heard reargument en banc in a case asking whether allowing two essential witnesses to testify during a federal criminal trial in Alabama via two-way video teleconference from Australia violated the defendant’s Sixth Amendment confrontation clause rights: The questions before the en banc court are listed here.

The three-judge panel’s opinion overturning the conviction can be accessed at this link, while my coverage of that ruling is here. Finally, the order granting rehearing en banc is here.

Posted at 2:55 PM by Howard Bashman

“This is what ‘advice and consent’ means; Harriet Miers isn’t qualified to play a Supreme Court justice on ‘The West Wing.'” Ann Coulter has this essay online at Town Hall.

Posted at 2:45 PM by Howard Bashman

“AOL to buy Weblogs, courts bloggers”: Notwithstanding the headline of this Reuters article, let me go on record as one courts blogger who is unlikely to sell himself to AOL.

Posted at 2:32 PM by Howard Bashman

“Mass. Court Hears Gay Marriage Lawsuit”: The Associated Press provides a report that begins, “In a case closely watched across the country, the court that made Massachusetts the first state to legalize gay marriage was asked Thursday to decide whether same-sex couples from out of state can tie the knot here, too.”

Posted at 2:30 PM by Howard Bashman

“Problems With ‘Privacy,’ And What To Do About Roe“: Stuart Taylor Jr. has this essay in this week’s issue of National Journal.

Posted at 2:25 PM by Howard Bashman

“Panel wants most court files kept off Web; Electronic viewing of public information should be curbed, new guidelines suggest”: The Toronto Globe and Mail today contains an article that begins, “A key judicial advisory committee has recommended that individual Canadians should not be able to use their home computers to read most court documents, even though Internet technology is making this increasingly feasible. The new guidelines say that judges’ decisions and some case information should be available to everyone by remote access, but detailed filings such as affidavits, motion records and pleadings should not get this kind of exposure, even though they are public documents.”

Posted at 12:33 PM by Howard Bashman

“Sen. Brownback is key to nominee Miers’ fate; Kansas senator prepares for meeting with Supreme Court nominee”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 12:22 PM by Howard Bashman

“Miers’ Background: Mainstream, Establishment; Miers Likely Would Be Moderate Conservative “: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 12:20 PM by Howard Bashman

“Australian Court Rules Modified PlayStation Legal”: Reuters provides this report.

The Associated Press reports that “Australian Court Rules ‘Mod Chips’ Legal.”

Friday’s edition of The Sydney Morning Herald contains articles headlined “High Court chips away at Sony’s stranglehold” and “For all Sony’s mod cons, technology is still playing games.”

Friday’s edition of The Melbourne Sun contains articles headlined “Games players win in High Court battle” and “Court opens Pandora’s computer copyright box.”

BBC News reports that “PlayStation loses chipping case; Sony has lost a legal battle in Australia over the modifying of its PlayStation games console.”

And Slashdot offers a thread titled “PS2 Mod Chips Legal In Australia.”

You can access today’s ruling of the High Court of Australia at this link, and a summary of the ruling is here.

Posted at 11:28 AM by Howard Bashman

“The Myth of the Paper Trail: You don’t have to be a tyro to make it on SCOTUS.” Tim Cavanaugh has this essay online at Reason.

Online at The New Republic, Noam Scheiber has an essay entitled “Merit Scholars: Conservatives were above elitism; Then came Miers.” And Jason Zengerle has an essay entitled “Thin Reid: Why Harry Reid is wrong about Harriet Miers” (pass-through link).

Finally, at, Joan Walsh has an essay entitled “Harriet the meek: Why is Bush selling Miers as a lady, not a lawyer?

Posted at 10:14 AM by Howard Bashman

“Killer’s death sentence nixed again; Court says jury received faulty instructions about weighing mental status for Penry”: This article appears today in The Houston Chronicle.

The Austin American-Statesman today contains an article headlined “Killer’s death sentence lifted for 3rd time; Questions of Penry’s mental capacity produce third reversal in 25 years.”

The Fort Worth Star-Telegram reports that “Sentence overturned; uncertainty remains.”

The San Antonio Express-News reports that “Killer’s death penalty tossed.”

And The Dallas Morning News contains an editorial entitled “Just Decision: Texas court right to overturn death sentence.”

My earlier coverage of yesterday’s ruling can be accessed here.

Posted at 9:00 AM by Howard Bashman

“Court to assess gay-unions case”: The Republican of Springfield, Massachusetts today contains an article that begins, “Attorney General Thomas F. Reilly is highlighting Connecticut’s refusal to recognize gay marriages as a reason to uphold an old Massachusetts law being used to prevent gays from other states from marrying here.” The article goes on to report that “Justices on Massachusetts highest court are scheduled to hear a lawsuit this morning in Boston that seeks to allow out-of-state gay couples to marry in Massachusetts.”

Posted at 8:54 AM by Howard Bashman

“Deal made to speed appeal of pledge case”: The Sacramento Bee today contains an article that begins, “A strategy to expeditiously move Michael Newdow’s challenge of the words ‘under God’ in the Pledge of Allegiance to an appellate court was agreed to Wednesday by a federal judge and attorneys on both sides.”

Posted at 8:15 AM by Howard Bashman

“Justices Explore U.S. Authority Over States on Assisted Suicide”: Linda Greenhouse has this article today in The New York Times. And a related article is headlined “Outside Court, Fierce Debate on State Law.”

In The Washington Post, Charles Lane reports that “Court Hears Case on Suicide Law; Roberts Seems Skeptical of Giving State Legislative Power.”

In The Los Angeles Times, David G. Savage reports that “Justices Hear Oregon Right-to-Die Case; It’s the first big test of the Roberts court, which appears split on whether the U.S. can prohibit lethal prescriptions of drugs by doctors.”

In The Chicago Tribune, Jan Crawford Greenburg reports that “Roberts court hears assisted suicide case; Oregon law appears to divide justices.”

In USA Today, Joan Biskupic has articles headlined “Justices weigh assisted suicide; Ore. law at odds with U.S. policy” and “Chief Roberts settles right in; High court opens with new leader, without stripes.”

In The Boston Globe, Charlie Savage reports that “Law allowing physician-assisted suicide reaches high court; White House seeks to block Oregon statute.”

In The Pittsburgh Post-Gazette, Michael McGough reports that “Assisted suicide sparks debate on Supreme Court; New chief justice asks many pointed questions of defenders of Oregon law.”

The Houston Chronicle reports that “Assisted-suicide law puts Bush’s appointee to the test; Oregon case now before high court a first for Roberts, maybe for Miers.”

And The San Jose Mercury News reports that “Roberts presides as justices hear assisted-suicide case; Arguments skirt moral issues, focus on federal drug laws.”

Posted at 7:22 AM by Howard Bashman

“Crony cachet”: Today in The Washington Times, Bruce Fein has an op-ed that begins, “Cronyism is the signature of the Bush administration. Harriet Miers’ nomination to the United States Supreme Court is the high-water mark. The Senate should reject the nomination to honor the original meaning of the Constitution.”

Posted at 6:55 AM by Howard Bashman

“Few Clues to Miers’ Convictions; The nominee’s life has been marked by dramatic political and religious shifts, which have raised questions about her core beliefs”: This lengthy profile appears today in The Los Angeles Times, along with an article headlined “GOP Doubts Build Over Court Choice; Several Republican senators warn they may vote against Miers, while activists challenge her qualifications; Some see pick as a win for the left.”

The New York Times today contains articles headlined “Texas Justice, With Ties to Bush and His Supreme Court Choice, Serves as Her Spokesman” and “Quiet Force for Change in a Male-Dominated Era.”

The Washington Times contains articles headlined “Republican activists slam Miers nomination“; “Rove played an active role in selection of Miers“; and “Miers wins over some Republicans.”

USA Today contains articles headlined “Friends, family offer fuller picture of Miers; Say modesty has obscured credentials” and “White House trying to smooth waves of Republican doubt.”

The Chicago Tribune contains an article headlined “A demand for `transparency’; Both sides want Miers to clearly state views on abortion.”

The Houston Chronicle reports that “GOP’s anxiety spreads despite praise for Miers; Qualifications and acceptance by Democrats worry conservatives.”

The Des Moines Register contains an article headlined “Grassley: Still a lot to learn about Miers.”

The Denver Post reports today that “Tancredo 1st in GOP to oppose Miers; The Coloradan says Miers doesn’t have the resume and won’t be able to sway others on the high court.”

The Chronicle of Higher Education reports that “Supreme Court Nominee Helped Set Up Lecture Series That Brought Leading Feminists to Southern Methodist U.

The Boston Globe reports that “GOP senators say they need more information from Miers.”

The Rocky Mountain News reports that “Dobson admits doubt; Focus founder questioning early endorsement of Miers.”

The St. Petersburg Times reports that “Miers may require a supreme sales job; Discontent among some conservatives may make her road to the high court harder than might have been expected.”

The Pittsburgh Post-Gazette reports that “Miers greeted coolly on right.”

The Providence Journal reports that “Supreme Court candidate has her fans and foes in R.I.; Former Gov. Lincoln C. Almond is one of her supporters, while Marti Rosenberg, a spokeswoman for Ocean State Action, has concerns.”

The Hill contains an article headlined “Gang: ‘no alarm bells.’

And The Daily Pennsylvanian reports that “Lawmaker wary of Court nominee.”

Posted at 6:44 AM by Howard Bashman