“Team Is Preparing Nominee for Tough Senate Hearing”: This article will appear Friday in The New York Times.
The Washington Post on Friday will contain a news analysis headlined “After the Home Run, a White House Balk? Handling of Miers Nomination Cannot Stand Up to Ease of Roberts Approval.”
The Washington Times reports that “Miers to end her visits with senators.”
The Dallas Morning News on Friday will report that “In Miers nomination, Bush was looking for ‘fresh outlook’; President says her lack of experience has largely caused debate.”
Friday’s edition of The Guardian (UK) contains an article headlined “Embarrassing setback for Bush’s nominee: Problems mount over supreme court candidate; Senate queries ‘insulting’ answers to questionnaire.”
And The Milwaukee Journal Sentinel on Friday will contain an editorial entitled “Time to prove qualifications.”
“O’Connor Calls for Clearer Detainee Rules”: The Associated Press provides this report.
Available online from law.com: Tony Mauro has articles headlined “How to Build a Top Supreme Court Practice: Having a headliner like Seth Waxman can help, but it’s not the only recipe for success” and “Roberts Dips Toe Into Cert Pool.”
An article is headlined “Texas Justices to Nation: We Love Miers and So Should You.”
In other news, “2nd Circuit Steps Into Fight Over Jesus Image on Student Poster.”
And an article reports that “9th Circuit Panel Fumes Over Forced Medication.”
Available online at Slate: Dahlia Lithwick has a low concept essay entitled “Makeup Test: A questionnaire Harriet Miers can answer.”
Emily Bazelon has a jurisprudence essay entitled “Stand Down: Miers signals to the right, uselessly.”
And John Dickerson has an essay entitled “A Friend in Need: Is it cruel for Bush to support Miers at all costs?”
“Ruth Bader Ginsburg to visit WVU College of Law Thursday”: If, like me, you forgot all about this event until now, and thus missed the live webcast of her speech, you can view video of the speech online, on demand by clicking here (Windows Media Player required).
“Society of Doom? Despite what you may have heard, there’s nothing bad about the Federalist Society.” Dean Barnett has this essay online at The Weekly Standard.
Reports issued earlier this week by the Congressional Research Service: I’ve posted online reports titled “Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2005” and “The Retirement of Justice O’Connor: Quorum Requirements, Rehearings and Vote Counts in the Supreme Court.”
Grilled Katsas: Howard Mintz of The San Jose Mercury News provides an update headlined “Appeals court hears arguments on partial birth abortion ban; Three Justices appear inclined to agree ban is unconstitutional.”
And Bob Egelko of The San Francisco Chronicle provides a news update headlined “Bush administration wants ban on abortion procedure reinstated.”
Whenever there’s a line, he’s last in line, even for the cafeteria: So said Justice Stephen G. Breyer about the role of the junior Justice, in a lengthy interview with Terry Gross entitled “‘Active Liberty’ from Justice Stephen Breyer” (RealPlayer required) that appeared on today’s broadcast of “Fresh Air from WHYY.”
“Bush says Miers to cooperate in confirmation bid”: Thomas Ferraro of Reuters provides this report.
And Jesse J. Holland of The Associated Press reports that “Quick Miers Hearings Unlikely for Senate.”
“Bench Play: Harriet Miers and the troubled Texas Lottery.” This article is the cover story in the current issue of The Texas Observer.
“Miers Says 1989 Anti-Abortion Stance Not a Clue to Vote on Roe”: Bloomberg News provides this report.
“The Miers Support Team: Gloomy and Demoralized: Now they’re discussing stopping her visits to the Senate.” Within the past hour, National Review Online has posted this essay by Byron York.
“Slate’s Politics: Senate Asks Miers for a ‘Do-Over.'” This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.”
“Miers and Her Money: A psycho-financial analysis of the Supreme Court nominee.” Henry Blodget has this moneybox essay online at Slate.
Seventh Circuit holds that federal district court should not have sent junk fax class action back to state court, where it was originally filed, because federal court jurisdiction exists under the Class Action Fairness Act of 2005: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit, written by Circuit Judge Frank H. Easterbrook, at this link.
“Bush: Miers Will Reassure Senate Skeptics.” Jesse J. Holland of The Associated Press provides this report. A transcript of the President’s remarks can be accessed here.
“Appeals court upholds Seattle’s use of race in school admissions”: The Associated Press provides this report on today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
“Truth be told: Hey Harriet, We have a few questions for you.” You can access here the recent Dallas Observer item referenced today in Robert Novak’s op-ed entitled “Vulnerable Miers might not survive.”
She’s her best-est boss ever! The Bloomington (Ill.) Pantagraph today contains an article headlined “Lawyer takes hometown values with her to White House post” that begins, “White House lawyer Jennifer Brosnahan says growing up in Bloomington-Normal has helped keep her grounded in the hectic world of Washington, D.C., where she works in the office of Supreme Court nominee Harriet Miers.”
“Parents Cast Fight as Sexual vs. Religious Tolerance; A Massachusetts father is a hero to people angry at what they call schools’ ‘gay agenda'”: This article appears today in The Los Angeles Times.
“Senators Assail Miers’s Replies, Ask for Details”: The Washington Post contains this front page article today.
The New York Times today contains an editorial entitled “The Trouble With Harriet.”
In The Los Angeles Times, Maura Reynolds and Janet Hook have an article headlined “Senators Reject Miers’ Replies to Questions; Bush’s nominee to the Supreme Court hits a new snag as lawmakers of both parties say she has not fully answered their written queries.” David G. Savage and Maura Reynolds have an article headlined “With Miers, Dormant Issue of Religion on High Court Blooms.” And an editorial entitled “Selling Harriet Miers” begins, “If Harriet E. Miers were a soft drink, she would be New Coke: a carefully marketed product that no one is buying.”
In The Chicago Tribune, Jan Crawford Greenburg reports that “Senators demand details from Miers.” In related coverage, “Miers omitted prior business interest on Senate questionnaire.” And an editorial is entitled “The Harriet Miers mysteries.”
In The Chicago Sun-Times, columnist Robert Novak has an op-ed entitled “Vulnerable Miers might not survive.” And columnist Lynn Sweet has an op-ed entitled “The deafening silence on Miers.”
The Fort Worth Star-Telegram contains articles headlined “Miers had mixed record at agency” and “Ex-group heads praise Miers.” In addition, columnist Linda P. Campbell has an op-ed entitled “The whole legal enchilada.”
The Austin American-Statesman contains an article headlined “Senators to Miers: Flesh out answers; Supreme Court nominee’s replies to questionnaire said to be inadequate.”
Newsday reports that “Miers amends questionnaire; Supreme Court nominee adds more information following Senate protests of incomplete answers.” Columnist James P. Pinkerton has an op-ed entitled “Senate sets its traps for court nominee.” And columnist Sheryl McCarthy has an op-ed entitled “Abortion rights facing multiple attacks.”
The Seattle Post-Intelligencer reports that “Kristol brings case against Miers to town; Conservative decries Bush pick.”
The Dallas Morning News reports that “Senators call on Miers to revisit questionnaire; She promises ‘additional materials’ after some assail her responses.”
In The Boston Globe, Charlie Savage reports that “Panelists demand more data from Miers; Specter, Leahy say questionnaire replies were ‘insufficient.’”
The Pittsburgh Post-Gazette reports that “Panel tells Miers to try again; Responses so far called ‘inadequate.’”
The Cincinnati Enquirer today contains articles headlined “Bunning says he’s undecided about Miers; Kentucky senator will await Judiciary Committee’s hearings” and “Miers: Who needs another ineffectual intellectual?”
The New York Sun contains an article headlined “‘Chaotic’ Is How Specter Sees Miers Process.”
The Rocky Mountain News reports that “Salazar to ask nominee Miers about position on precedence; Issue played role in recent vote for Chief Justice Roberts.”
USA Today reports that “Senators criticize Miers for ‘inadequate’ answers; Confirmation hearings set to begin Nov. 7.” And Law Professor Vincent Johnson has an op-ed entitled “Old columns by Miers reveal support for diversity, needy.”
The Houston Chronicle reports that “Committee not satisfied with Miers’ responses; Some experts say senators’ request for deeper answers means nomination may be sinking.”
The St. Petersburg Times reports that “Unhappy senators demand more from Miers; They ask for details of her cases, copies of her written documents and an explanation for her bar suspension this year.”
The Washington Times reports that “Miers asked to flesh out answers.”
The Sioux City Journal reports that “Grassley blasts conservative critics of court nominee.”
The Toledo Blade contains an editorial entitled “A nomination in trouble.”
The Birmingham News contains an editorial entitled “The latest on Harriet Miers.”
The Rutland Herald contains an editorial entitled “Selling of a justice.”
In The Wilmington News Journal, Charles Brandt has an op-ed entitled “Miers could be political mole in court.”
In The The Free Lance-Star of Fredericksburg, Virginia, Michael A. Babcock has an op-ed entitled “What a shame: Miers’ nomination deprives right of blood sport.”
And in The Philadelphia Inquirer, Jane Eisner has an op-ed entitled “Right to ask – and know.”
“3rd Circuit to decide video porn boundaries”: This article appears today in The Pittsburgh Post-Gazette.
And The Pittsburgh Tribune-Review today contains articles headlined “Porn world eyes Pittsburgh” and “Porn case turns on delivery, not content.”
The trial court’s ruling, which is now before a three-judge panel of the U.S. Court of Appeals for the Third Circuit, can be viewed at this link. And my preview of yesterday’s oral argument can be accessed here.
“Judiciary Panel Wants More Answers from Miers”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
She insults them; they insult her: Today in The San Francisco Chronicle, Carolyn Lochhead has an article that begins:
Supreme Court nominee Harriet Miers flunked her first test before the Senate Judiciary Committee by providing “incomplete” and “inadequate” responses to her questionnaire, committee Chairman Arlen Specter, R-Pa., and ranking Democratic Sen. Patrick Leahy said Wednesday.
Known for her meticulousness and near obsessive attention to detail, Miers, for example, gave one-word answers to two-part questions, Leahy said, adding that some senators were “insulted” by her answers.
After viewing yesterday’s press conference (RealPlayer required) held by the ranking leaders of the Senate Judiciary Committee, I couldn’t help but conclude that these Senators (and, no doubt, many others) are having a difficult time taking the nomination of Harriet Miers seriously. Only time will tell who gets the last laugh.
“U.S. Appeals Court To Hear Abortion Arguments Thursday”: Bay City News Wire provides this report on today’s oral argument before the U.S. Court of Appeals for the Ninth Circuit. I recently previewed the oral argument in a post that you can access here.
A similar appeal is pending in the Second Circuit, where oral argument (RealPlayer required) occurred earlier this month. Both the Second and Ninth Circuits are playing catch-up with the Eighth Circuit, which has already affirmed a trial court’s order striking down as unconstitutional the federal Partial-Birth Abortion Ban Act of 2003. Audio of the Eighth Circuit’s oral argument can be accessed via this link. My coverage of the Eighth Circuit’s ruling, from July 2005, is here. And the federal government’s pending petition for writ of certiorari, asking the U.S. Supreme Court to review and overturn the Eighth Circuit’s ruling, can be accessed here (or here in HTML, if you’d like to see the question presented).
“Splitting the anti-abortion base: In the fight to overturn Roe vs. Wade, there are legal purists and moral purists; And Bush can’t afford to please both.” Dahlia Lithwick has this op-ed today in The Los Angeles Times.
“Christian Families Sue Over School’s Islam Role-Playing”: Today in The New York Sun, Josh Gerstein has an article that begins, “A federal appeals court here heard arguments yesterday that a public school’s effort to acquaint students with Islam went too far by having the students don Islamic dress, recite phrases from the Koran, and mimic the fasting associated with the Muslim observance of Ramadan.”
And today in The San Francisco Chronicle, Bob Egelko reports that “Lessons on Muslims called indoctrination; 2 students, parents appeal ruling by federal judge.”
Once the U.S. Court of Appeals for the Ninth Circuit posts the audio from yesterday’s oral argument online, I’ll update this post to add a link to that audio file.
