How Appealing

Friday, October 21, 2005

“Confrontation with judges is looming in the US and Britain; Like the hapless George Bush, New Labour is heading for a crisis over judicial appointments”: Martin Kettle has this comment in Saturday’s edition of The Guardian (UK).

Posted at 10:44 PM by Howard Bashman

“Texas Senator Takes Exception to Criticism of Supreme Court Nominee’s Record”: This article will appear Saturday in The New York Times.

The Washington Post on Saturday will contain a front page article headlined “Miers Backed Race, Sex Set-Asides; She Made Diversity A Texas Bar Goal.”

And The Dallas Morning News on Saturday will contain articles headlined “Miers uses Dallas example of decision-making; Her stance evolved as she considered new information, circumstances” and “GOP senator hosts Texas gathering in show of support for Miers.”

Posted at 10:40 PM by Howard Bashman

“‘Rudderless White House’ Fights Miers’ Choppy Seas”: This news analysis appears today in The Los Angeles Times.

Today in The Washington Post, Al Kamen’s “In the Loop” column is headlined “Miers’s Long-Ago Federalist Slap Still Stings.”

The Milwaukee Journal Sentinel reports that “Kohl hears plea to look at Miers’ present, instead of past; Don’t overplay views in 1989 abortion survey, nominee tells senator.”

The Rocky Mountain News reports that “Miers leaves Salazar empty-handed; Supreme Court nominee still mystery after talking with senator for an hour.”

The Denver Post reports that “Miers ‘still mystery’ to Salazar; The senator says his visit with Bush’s Supreme Court pick leads him to foresee a difficult decision.”

The Austin American-Statesman reports that “Miers not alone in forgetting to pay dues; Senators have asked Miers to clarify information about the suspension of her D.C. law license.”

The Houston Chronicle reports that “Bush insists Miers will win over Senate critics; A ‘clear picture’ of her competence will emerge from hearings, he says.”

The Fort Worth Star-Telegram reports that “Leaders of Texas, Dallas bar associations lobby for Miers.”

The Minneapolis Star Tribune reports that “Minnesotans conflicted on court nominee.” And an editorial is entitled “What’s up with Harriet Miers?

In other commentary, yesterday in The New York Times, columnist Maureen Dowd had an op-ed entitled “Naughty Harry: Lawyering Without a License” (TimesSelect, but now freely available here).

In The Washington Times, Bruce Fein has an op-ed entitled “A flunking quiz grade.”

The St. Petersburg Times contains an editorial entitled “Miers’ omissions: If Supreme Court nominee Harriet Miers cannot be candid with the Senate Judiciary Committee, she does not deserve to be confirmed.”

The Palm Beach Post contains an editorial entitled “Miers flunks first test.”

The Atlanta Journal-Constitution contains an editorial entitled “Miers’ slate too clean; Inadequate answers to lawmakers’ questions intensify doubts about Supreme Court nominee’s qualifications.” And James Dobson has an op-ed entitled “We need judges like Miers.”

The Louisville Courier-Journal contains an editorial entitled “Nomination follies.”

The Republican of Springfield, Massachusetts contains an editorial entitled “Nomination of Miers has got to get on track.”

In The News & Observer of Raleigh, North Carolina, Myles Friedman has an op-ed entitled “Why Miers worries me so much.”

And in The Cornell Daily Sun, Jamie Weinstein has an op-ed entitled “Mired in Miers.”

Posted at 4:50 PM by Howard Bashman

“Justice helps reopen school”: The Fort Worth Star-Telegram today contains an article that begins, “U.S. Supreme Court Justice Anthony Kennedy called the nation’s legal system, with its law schools and their students, a ‘great natural resource’ that is the ‘envy of the world,’ but one that must be nurtured. Kennedy was the keynote speaker Thursday at the dedication of the $6.5 million renovation of the Texas Wesleyan University School of Law. He spoke at Bass Hall, then attended a ribbon-cutting at the school.”

More details are available here, via the law school’s web site.

Posted at 4:25 PM by Howard Bashman

“Judges skeptical on abortion-curb law; A 9th Circuit appeals panel questions Congress’ power to block the surgery to preserve a woman’s health” Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.

Posted at 4:20 PM by Howard Bashman

“Bets off on Miers confirmation? Things don’t look rosy for Supreme Court nominee based on online bidding.” CNN/Money provides this report.

Posted at 4:12 PM by Howard Bashman

“Miers panel to hear ‘explosive testimony’? Gag order lifted for ex-lottery boss claiming Miers kept ‘lid’ on Bush Guard controversy.” provides this report.

Posted at 4:08 PM by Howard Bashman

“Senatorial Duties”: National Review Online has this afternoon posted an editorial that begins, “Five days into White House ‘qualifications week’ in making the case for Harriet Miers her nomination is looking weaker rather than stronger.”

Posted at 3:24 PM by Howard Bashman

Fifth Circuit Judge Priscilla R. Owen exists! Liberal meteorologists take note — it’ll require more than a hurricane or two to end the federal judicial career of Fifth Circuit Judge Priscilla R. Owen, a point she demonstrates today by issuing her first two published opinions of that court (see here and here). It appears that she’s still trying to decide how to identify herself when she’s the author of a published opinion. I like the full name approach myself, so that she won’t be confused for the other Judge Owen or Judge Owens.

Posted at 2:55 PM by Howard Bashman

Maybe the dissenters will wear grief buttons lamenting the obliteration of the Antiterrorism and Effective Death Penalty Act’s standards that federal courts must apply to state criminal convictions in habeas cases? Over the dissent of seven active judges, the U.S. Court of Appeals for the Ninth Circuit today denied rehearing en banc in a case in which the divided three-judge panel’s opinion begins:

At a murder trial in which the central question is whether the defendant acted in self-defense, are a defendant’s constitutional rights violated when spectators are permitted to wear buttons depicting the deceased individual? We conclude that under clearly established Supreme Court law such a practice interferes with the right to a fair trial by an impartial jury free from outside influences.

Circuit Judge Stephen Reinhardt wrote the panel’s majority opinion.

Update: Orin Kerr says this case appears to be a good candidate for review by the U.S. Supreme Court.

Posted at 2:40 PM by Howard Bashman

“Inadequate, Insufficient And Insulting”: Online at, CBS News legal analyst Andrew Cohen today has an essay that begins, “President George W. Bush is getting the political headache he deserves for nominating White House counsel Harriet Miers to the United States Supreme Court.”

Posted at 1:04 PM by Howard Bashman

In today’s edition of The New York Sun: Brian McGuire has an article headlined “Miers Nomination Faces New and Urgent Troubles” (pass-through link) that begins, “The Supreme Court nomination of White House counsel Harriet Miers faced new and urgent troubles yesterday, with speculation mounting throughout the day that at least one conservative Republican senator had made an unsuccessful attempt at getting the White House to withdraw Ms. Miers’s name altogether.”

And Josh Gerstein has an article headlined “Appeals Court Upholds Use of Race in School Admissions” (pass-through link).

Posted at 12:15 PM by Howard Bashman

“No Privilege for Miers”: Law Professor Stephen Gillers will have this essay in the November 7, 2005 issue of The Nation.

At National Review Online, Rich Lowry has an essay entitled “Too Stealth: The Miers nomination might be the most catastrophic political miscalculation of the Bush presidency.”

And online at The New Republic, Law Professor William J. Stuntz has an essay entitled “Change Agents: Dan Quayle’s nomination changed the vice presidency for the better; Harriet Miers’s selection will do the same for the Supreme Court.” And Franklin Foer has an essay entitled “Thought Experiment: What conservatives really think of Bush” (pass-through link).

Posted at 12:05 PM by Howard Bashman

BREAKING NEWS — “The Supreme Court [of Kansas] today unanimously ruled that the so-called Kansas ‘Romeo and Juliet’ statute, which specifies significantly less punishment for unlawful sex acts between heterosexual minors compared to same sex acts involving minors, violates the equal protection clause of the 14th Amendment”: You can access today’s ruling of the Supreme Court of Kansas in State v. Limon at this link. That court also issued this summary of the ruling.

In early press coverage, The Associated Press reports that “Kan. Court Nixes Illegal Gay Sex Ruling.”

Posted at 11:55 AM by Howard Bashman

Yesterday’s rulings of note from the U.S. Court of Appeals for the First Circuit: Federal judges who don’t like being bossed around by L. Ralph Mecham, Director, Administrative Office of the United States Courts, now have additional reason for concern, as a unanimous three-judge First Circuit panel yesterday ruled that Mr. Mecham is the sovereign. The ruling is bad news for a U.S. Magistrate Judge who sued in federal court after Mr. Mecham rejected the Magistrate Judge’s application to participate in the Judicial Survivors’ Annuities System.

And in a second ruling of note, the First Circuit yesterday resolved the question “under what circumstances should an excited utterance made to a police officer (in this case, a 911 operator) be considered testimonial?” The opinion begins:

In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court barred the admission of testimonial hearsay in a criminal case under circumstances in which the accused has not had an opportunity to cross-examine the declarant. This ruling effected a sea change in the jurisprudence of the Confrontation Clause — but the Court left open the parameters of testimonial hearsay, and so its ruling produced a miasma of uncertainty.

The opinions of the court in both cases were written by Circuit Judge Bruce M. Selya.

Posted at 11:40 AM by Howard Bashman

“Lockyer Has ‘Concern’ on Possible High Court Pick; A spokesman says the attorney general has reservations about rulings made by 3rd District Court of Appeal Justice Vance Raye”: Today in The Los Angeles Times, Maura Dolan has an article that begins, “California Atty. Gen. Bill Lockyer, one of three members of a judicial confirmation panel, has expressed ‘concern’ about the legal rulings of one of two candidates Gov. Arnold Schwarzenegger is considering for an open slot on the California Supreme Court, Lockyer’s spokesman said Thursday.”

Posted at 7:24 AM by Howard Bashman

“Supreme Court justice talks about women’s struggles to advance in the law”: The Herald-Standard of Uniontown, Pennsylvania contains this article today. Yesterday in this post, I linked to online video of Justice Ruth Bader Ginsburg’s remarks.

Posted at 7:15 AM by Howard Bashman