How Appealing

Tuesday, October 18, 2005

“Nominee Backed Ban on Abortion in 1989 Campaign”: This article will appear Wednesday in The New York Times, along with an article headlined “Nominee’s Financial Disclosures Show Worth of Less Than $1 Million.”

Wednesday in The Chicago Tribune, Jan Crawford Greenburg will have an article headlined “Miers supported amendment to ban abortion.”

The Dallas Morning News on Wednesday will report that “Miers backed ban on abortion; Questionnaire in ’89 City Council race raises concerns among liberals..”

The Hill on Wednesday will contain articles headlined “Lott says he’ll likely back her” and “Brownback, Graham demand documents.”

This evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer” contained a segment entitled “Supreme Questions” (transcript with link to audio).

And The Seattle Post-Intelligencer on Wednesday will contain an editorial entitled “Supreme Court: Withdraw Miers.”

Posted at 10:30 PM by Howard Bashman

“In Twisted Tale, Death Penalty Tossed due to Bad Lawyer”: Online at, Justin Scheck has an article that begins, “Forget the stoner judge and the fact that Warren Summerlin’s first defense lawyer hooked up with the prosecutor. It was Summerlin’s incredibly bad lawyer that gave the 9th Circuit reason to jettison Summerlin’s death sentence Monday in an en banc ruling.”

And The Arizona Daily Sun reports today that “New trial ordered for convicted killer given death penalty.”

Posted at 10:15 PM by Howard Bashman

“Miers supported constitutional amendment to ban abortion”: James Kuhnhenn and Stephen Henderson of Knight Ridder Newspapers provide this report.

Posted at 7:45 PM by Howard Bashman

“Miers backed 1989 anti-abortion amendment; Supreme Court nominee’s position could jeopardize confirmation chances”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 6:55 PM by Howard Bashman

Fourth Circuit today divided 6-6 in denying newspaper’s petition for rehearing en banc in Steven J. Hatfill v. New York Times Co.: Today’s order of the U.S. Court of Appeals for the Fourth Circuit, which includes a lengthy dissent from former newspaperman, and now Circuit Judge, J. Harvie Wilkinson III, can be accessed here. The earlier three-judge panel ruling, which will remain the Fourth Circuit’s last word at this time on the case, is available at this link.

Posted at 5:50 PM by Howard Bashman

“Rising stakes for Miers hearing: Just a half-dozen GOP senators could derail her confirmation to high court.” This article will appear Wednesday in The Christian Science Monitor.

Posted at 5:40 PM by Howard Bashman

“Miers’ Views Could Have Quick Impact”: Gina Holland of The Associated Press provides a report that begins, “New revelations about Harriet Miers’ views on abortion hint she would shift the Supreme Court away from abortion rights, more so than new Chief Justice John Roberts. The impact could be almost immediate.”

Posted at 4:45 PM by Howard Bashman

“Pfizer’s Fingerprints On Fort Trumbull Plan; Documents show the pharmaceutical giant was involved in the Fort Trumbull project from its inception, even before announcing its research center would expand into the New London neighborhood”: This past Sunday, The Day of New London, Connecticut published an article that begins:

In mid-July, as commentators and politicians around the country decried this city’s attempt to seize private homes for economic development on the Fort Trumbull peninsula, a press release appeared on the Web site of Pfizer Inc.

The pharmaceutical company, whose $300 million research complex sits adjacent to what remains of the neighborhood, announced that it wanted to set the record straight on its involvement in the Fort Trumbull development project.

The project, the statement said, wasn’t Pfizer’s idea.

“We at Pfizer have been dismayed to see false and misleading claims appear in the media that suggest Pfizer is somehow involved in this matter,” the statement said. The writers said the company “has no requirements nor interest in the development of the land that is the subject of the case.”

But a recent, months-long review of state records and correspondence from 1997 and 1998 — when officials from the administration of then-Gov. John G. Rowland were helping convince the pharmaceutical giant to build in New London — shows that statement is misleading, at best.

You can access the complete article at this link (free registration required).

Posted at 2:54 PM by Howard Bashman

When in Rome: The Atlanta Journal-Constitution provides a news update headlined “Federal judge grants voter ID injunction; Order suspends law requiring photo identification at polls” that begins, “A federal judge in Rome today issued an order suspending a new state law requiring voters to show photo ID at the polls for the upcoming November municipal elections throughout Georgia.” The first comment to this post about the ruling at the “Election Law” blog provides links to the ruling.

Posted at 2:33 PM by Howard Bashman

Recent rulings of note from the U.S. Court of Appeals for the Second Circuit: “This case invites us to cut a path through the thorniest of constitutional thickets — among the tangled vines of public school curricula and student freedom of expression.” So begins an opinion that Circuit Judge Guido Calabresi issued today, on behalf of a unanimous three-judge panel. The dispute before the court arose after a kindergarten student, whose class received a homework assignment to make a poster depicting how the environment can be saved, produced a religiously-themed poster prominently featuring Jesus.

And yesterday, a three-judge Second Circuit panel issued a decision rejecting the argument that “post-September 11th security measures implemented by the United States Marshals Service at the entrance to a federal building complex in Rochester, New York containing courtrooms and other non-judicial governmental facilities violated [a criminal defendant’s] First or Sixth Amendment rights.” In an interesting passage, the opinion states: “Although we conclude that Smith’s constitutional rights were not violated by the imposition of a photo identification requirement, we note our concerns about unilateral steps — even commonsensical and fully justified ones — by the executive branch that restrict court access. Going forward, we emphasize that any such steps must be coordinated with, and approved by the courts.” It hadn’t previously occurred to me that courthouse security measures can have constitutional separation-of-powers implications.

Posted at 2:25 PM by Howard Bashman

“Does Miers Have What It Takes To Excel On the Bench?” Stuart Taylor Jr. has this essay in the current issue of National Journal.

Posted at 11:00 AM by Howard Bashman

“Kidman snapper wins DNA plea”: The Sydney Morning Herald provides a news update that begins, “A celebrity photographer has successfully appealed against an order that he submit a DNA sample in relation to a listening device found outside Nicole Kidman’s Darling Point home.”

And The Associated Press reports that “Photog Wins Appeal in Kidman Bugging Case.”

Posted at 10:28 AM by Howard Bashman

Available online from National Public Radio: Today’s broadcast of “Morning Edition” contained segments entitled “White House Drums Up Support for Miers” (featuring Nina Totenberg) and “Senate Democrats Meet Nominee Miers.”

Yesterday’s broadcast of “All Things Considered” contained a segment entitled “Miers’ Texas Past and Controversy Today.”

And yesterday’s broadcast of “Day to Day” contained a segment entitled “GOP Uproar over Miers’ High Court Nomination.”

RealPlayer is required to launch these audio segments.

Posted at 9:44 AM by Howard Bashman

“O’Connor to receive West Point accolade”: The Times Herald-Record of Middletown, New York today contains an article that begins, “Retiring Supreme Court Justice Sandra Day O’Connor will receive the U.S. Military Academy’s prestigious Thayer Award during ceremonies Thursday.” In response to this news, an observer has commented, “At least she isn’t going duck hunting with the text of the Solomon Amendment.”

Posted at 7:15 AM by Howard Bashman

“Nominee Dismisses Speculation on Roe; On Hill, Miers Discounts Report That She Would Vote to Outlaw Abortions”: This article appears today in The Washington Post, along with an article headlined “The Conservative Machine’s Unexpected Turn.”

Today in The Los Angeles Times, David G. Savage reports that “In Speeches, Miers Heaped Praise on President.” And an article reports that “Interpretations Differ After Talks With Miers; Specter reports that the high court nominee believes in the right to privacy; But later the White House says he misunderstood her.”

Newsday reports that “Schumer unimpressed with Miers after sit-down; Senator said that candidate either withheld her opinions or didn’t have enough knowledge to answer questions.”

The San Jose Mercury News contains an article headlined “No praise for nominee; After meeting Harriet Miers, Sen. Feinstein shows little of the early enthusiasm that she showed John Roberts.”

The Austin American-Statesman reports that “Miers told Democrat her views on abortion have remained private; As Texas justices show support for Miers’ Supreme Court nomination, two claimed she said she would vote to overturn Roe v. Wade.”

The Boston Globe reports that “Miers speeches backed stronger executive branch.”

The Houston Chronicle reports that “Texas jurists counter Miers critics; President Bush gets help from home on nominee.”

The San Antonio Express-News reports that “Texas high court judges stump for Miers.”

The Dallas Morning News reports that “As Miers tries to make her case, abortion issue causes commotion; Senator: Nominee said she hasn’t discussed Roe with anybody.”

The Pittsburgh Post-Gazette reports that “Specter rescinds comments on Miers.”

The Washington Times contains articles headlined “Bush shifts debate on Miers” and “Grass-roots conservatives widen rift with Bush.”

The San Francisco Chronicle contains an article headlined “New questions on Miers’ Roe views; She reportedly says she doesn’t recall ever discussing case.”

USA Today reports that “Miers says she made no promises on abortion; Senator still wants answers about court nominee.”

The New York Sun contains articles headlined “Nominee Never Discussed Roe, She Tells Schumer” and “Supreme Style.”

And provides a report headlined “More controversy over Miers; Specter, White House at odds on her position on privacy case.”

Posted at 7:10 AM by Howard Bashman

“Justices Reject Appeal in Tobacco Case”: Linda Greenhouse has this article today in The New York Times.

In The Washington Post, Charles Lane reports today that “High Court Allows Inmate’s Abortion.”

The Los Angeles Times reports that “U.S. Appeal in Tobacco Case Denied.”

The Kansas City Star reports that “Court rules prisoner can get abortion; Missouri loses showdown.”

And The St. Louis Post-Dispatch reports that “Court clears way for inmate’s abortion” and “Ex-Nazi guard loses bid to keep citizenship.”

Posted at 6:54 AM by Howard Bashman

“Tennessee’s use of 3 drugs for lethal injection upheld; High court rejects death row inmate’s claim of cruelty”: This article appears today in The Tennessean.

Posted at 6:50 AM by Howard Bashman