How Appealing

Friday, October 14, 2005

“Start Over”: National Review Online has posted an editorial that states, “The prudent course is for Miers to withdraw her own nomination in the interests of the president she loyally serves. The president could then start over.”

Posted at 10:20 PM by Howard Bashman

“White House Asks Judges to Vouch for Miers”: The Associated Press provides a report that begins, “Stunned by conservative opposition to Supreme Court nominee Harriet Miers, President Bush next week will bring in former justices from her home state of Texas to trumpet her qualifications for the nation’s highest court.”

Posted at 10:14 PM by Howard Bashman

In the Ninth Circuit, the federal government in its defense of the constitutionality of the federal Partial-Birth Abortion Ban Act of 2003 lacks luck of the draw: I’d be shocked if the federal government wins any of these appeals — pending in the Second, Eighth, or Ninth Circuits — seeking to overturn federal district court injunctions declaring this law unconstitutional.

But the federal government will be facing an especially uphill battle in the Ninth Circuit next week, where in San Francisco on Thursday the case will be argued before a three-judge panel consisting of Circuit Judges Stephen Reinhardt, Sidney R. Thomas, and William A. Fletcher. Here’s hoping for a C-SPAN telecast, although at a minimum we’ll have online audio from the Ninth Circuit.

Posted at 4:45 PM by Howard Bashman

“Miers hitting the books in advance of confirmation hearings”: Ron Hutcheson of Knight Ridder Newspapers provides this report.

Posted at 4:08 PM by Howard Bashman

“ACLU and Planned Parenthood File Brief in Supreme Court Challenging New Hampshire Abortion Restriction; In Ayotte v. Planned Parenthood, Court Will Determine Value of Women’s Health and Safety”: The American Civil Liberties Union and Planned Parenthood Federation of America issued this press release earlier this week. The brief is available here.

Amicus briefs in support of respondent can be accessed via this link. Interestingly, as this amicus brief demonstrates, the Governor of New Hampshire has filed a brief opposing the relief sought by the petitioner in the case, the Attorney General of New Hampshire.

Posted at 3:30 PM by Howard Bashman

View online the Second Circuit‘s recent oral argument in National Abortion Federation v. Ashcroft: Via C-SPAN, you can click here (RealPlayer required) to view online the recent appellate oral argument in the federal government’s appeal from an order declaring unconstitutional the federal Partial-Birth Abortion Ban Act of 2003. The judges on the three-judge panel have very difficult, and some might even say hostile, questions for the federal government’s attorney.

Posted at 3:24 PM by Howard Bashman

Access online the transcript of conservative bloggers’ conference call with Ken Mehlman on the Harriet Miers nomination: The transcript is available here.

Posted at 1:45 PM by Howard Bashman

“Prisons’ abortion rule falls”: The St. Louis Post Dispatch today contains an article that begins, “A federal judge ordered Missouri prison officials Thursday to take an inmate to a St. Louis clinic as soon as today for an abortion despite a new Corrections Department policy barring use of tax dollars to transport prisoners for that purpose.”

Posted at 11:45 AM by Howard Bashman

“The Trouble with Harriet: The president’s ill-conceived Supreme Court appointment has exposed disturbing flaws in his administration.” Gerard Baker has this essay online today at The Weekly Standard.

Online at Reason, Jacob Sullum has an essay entitled “How Would Jesus Rule? The perils of religious tests for Supreme Court justices.”

And online at The New Republic, Michelle Cottle has an essay entitled “Woman’s Glib: Laura Bush’s lousy defense of Harriet Miers.”

Posted at 10:20 AM by Howard Bashman

There once was a nominee from Dallas: Online at The Nation, Calvin Trillin has a “deadline poet” bit of poetry entitled “Reassuring the Right” that begins:

The President, who never tires

Of naming cronies, named Ms. Miers

To be a Justice. I’m not kidding.

He said he knows she’ll do his bidding.

The social-issues right went crazy.

They called her record much too hazy.

Though through the code, with some contortion,

Bush signaled that she hates abortion,

They asked, so why is she not willing

To say right out it’s baby killing?

Responding to this strong attack, he

Assured the right she’s really wacky.

You can access more of the poem here.

Posted at 10:15 AM by Howard Bashman

“White House Dismisses Idea Of Withdrawal by Nominee”: This article appears today in The New York Times. In related coverage, “Kansas Senator, Looking at Presidential Bid, Makes Faith the Bedrock of Campaign.” And Matthew Scully has an op-ed entitled “The Harriet Miers I Know.”

The Los Angeles Times reports today that “Window Into Miers’ Legal Thinking in the 1990s Reflects a Glint of Liberalism.” The newspaper also contains an op-ed by David Greenberg entitled “The ‘nonpolitical’ nomination game” and an op-ed by Jonathan Chait entitled “Look who’s smearing the right.”

The New York Sun reports that “Miers’ Remarks Roil Her Case Among Critics.”

The San Francisco Chronicle reports that “Calls for Miers to withdraw get louder; Moves to mollify critics aren’t working.”

Newsday reports that “Bush’s pick faces a revolt by the right.”

The Washington Times reports that “Conservatives call to withdraw Miers.” The newspaper also contains an op-ed by R. Emmett Tyrrell Jr. entitled “Angst…” and Cal Thomas has an op-ed entitled “…and the faith factor.”

And The Dallas Morning News reports that “Paper trail on Miers leads media, activists to City Hall; Requests stream in for records from her one term on council.”

In commentary, The Boston Globe contains an editorial entitled “Doubts about Miers.” And Rashi Fein has an op-ed entitled “How to question Harriet Miers.”

The Denver Post contains an editorial entitled “Miers’ faith shouldn’t be issue.”

The Palm Beach Post contains an editorial entitled “The case against Miers.”

The Hartford Courant contains an editorial entitled “A Case Of Foot-In-Mouth.”

The Charlotte Observer contains an editorial entitled “No religious test? Constitution doesn’t bar senators from asking about conflicts.”

The Montgomery Advertiser contains an editorial entitled “Senators should call Dobson to testify.”

The San Antonio Express-News contains an editorial entitled “Rove call to Dobson smacks of litmus test.”

The St. Petersburg Times contains an editorial entitled “Faith in the absence of experience.”

The Times Argus of Barre, Vermont contains an editorial entitled “Litmus testing.”

In The Austin American-Statesman, columnist John Kelso has an op-ed entitled “Why Miers is ideal butt of my jokes: Miers picked for Supreme Court because she can kiss butt with the best of ’em.”

Bloomberg News columnist Ann Woolner has an essay entitled “Bush Gives ‘Em Old-Time Religion to Help Miers.”

And in The Yale Daily News, Helen Vera has an op-ed entitled “We ask the wrong questions about Harriet Miers.”

Posted at 7:00 AM by Howard Bashman

“The Miers Nomination: Republican Senators Have the Power to Address Their Fears that She Won’t Be Reliably Conservative.” FindLaw commentator Vikram David Amar has this essay today.

Posted at 6:48 AM by Howard Bashman