Available online from law.com: Marcia Coyle reports that “Miers Nomination Will Test Relevance of ABA Ratings.”
And in other news, an article is headlined “2nd Circuit: Judges Should Oversee Security Measures That Might Reduce Access.”
“Bush Refuses to Release Nominee’s Papers”: This article will appear Tuesday in The New York Times.
“Rosa Parks, civil rights heroine, is dead”: The Detroit Free Press provides this news update.
And Tuesday’s edition of The Detroit News will report that “Civil rights pioneer Rosa Parks dies; Doctor says icon died peacefully in her sleep.”
Hugh Hewitt is back from vacation: And he’s as enthusiastically pro-Miers as ever.
Update: At “Confirm Them,” Paul Zummo responds in a post titled “Hugh Hewitt’s last stand.”
“State in rethink on late abortion”: Tuesday’s edition of The Age of Melbourne, Australia contains an article that begins, “A contentious plan to impose a 48-hour ‘cooling-off’ period for women seeking late-term abortions in Victoria will be scrapped after a backlash from State Government MPs and other Labor Party figures.”
“Today Slate inaugurates the Miers-o-Meter, which will gauge Harriet Miers’ chances of making it onto the Supreme Court.” Today’s (perhaps overly-optimistic) odds of confirmation: 75 percent.
“War counsel: Conservative legal scholar John Yoo, whose memos helped shape White House policy, says the framers gave the president all the war powers of a king.” This article appeared in the Ideas section of yesterday’s issue of The Boston Globe.
“Associate Justice or Miss America?” That’s the title of this transcript from today’s broadcast of The Rush Limbaugh Show.
“Blawg Review #29”: Available online here at (of all places!) “Blawg Review.”
“Land deal gets new scrutiny as Bush resists requests on Miers’ work”: James Kuhnhenn of Knight Ridder Newspapers provides this report.
And The Dallas Morning News on Tuesday will report that “Bush won’t share Miers’ White House records; Privilege cited; senators say they must know more before hearings.”
“Why AG Gonzales Will Not Be Nominated to Replace Harriet Miers and What We Might Get Instead”: Law Professor Rick Hasen has this post at his “Election Law” blog.
A more neutral hearing title could not be found: On Wednesday, the Senate Judiciary Committee‘s Subcommittee on Administrative Oversight and the Courts will hold a hearing titled “Revisiting Proposals to Split the Ninth Circuit: An Inevitable Solution to a Growing Problem.” The hearing will consider S. 1845, “The Circuit Court of Appeals Restructuring and Modernization Act of 2005.” I’ll have more details on the hearing as they become available.
Second Circuit goes digital: The U.S. Court of Appeals for the Second Circuit has today issued an order requiring electronic appellate briefs as of December 1, 2005.
Better late than never? I’ve finally gotten around to posting online the most recent installment of my monthly appellate column, titled “Miers Nomination Catches Bush Off–Base.” It appeared in The Legal Intelligencer two weeks ago today, on Monday, October 10, 2005. That, of course, means that the Harriet Miers U.S. Supreme Court nomination is today celebrating its three-week anniversary.
“Americans for Better Justice: American Conservatives Support President Bush, but Oppose the Supreme Court Nomination of Harriet Miers.” Via “David Frum’s Diary,” I learned of this new web site.
“Bush Won’t Release Miers Records From White House Work”: The Los Angeles Times provides this news update.
Thomas Ferraro of Reuters reports that “Bush says won’t release papers on Miers.”
President Bush’s remarks, from earlier today, are available here.
Law Professor Jack M. Balkin has a blog post titled “What Should Democrats Do About Miers? Beyond the Popcorn Strategy.”
And Law Professor Daniel J. Solove has a blog post that asks “Are Bloggers Having an Influence Inside the Beltway?”
“Death Warrant Signed for Crips Co-Founder”: The AP provides a report that begins, “A judge signed a death warrant Monday for Stanley ‘Tookie’ Williams, co-founder of the notorious Crips gang, rejecting his attorneys’ request for a delay in the execution date to give them more time to seek clemency from Gov. Arnold Schwarzenegger.”
“Montana Senator Baucus seeks Miers’ tax records”: The Associated Press provides this report.
“Stopping Harriet Miers: Absent a judicial resume, we must assume Miers will ask ‘What would Dubya do?’ on the bench.” Geov Parrish has this essay today at WorkingForChange.com.
“At a time when Congress is expanding the jurisdiction of the federal courts over national class-action lawsuits, see 28 U.S.C. § 1332(d), the majority’s decision severely limits the authority of district courts to protect that jurisdiction and to preserve the settlement agreements they have authorized.” Which pro-business, conservative jurist sitting on the U.S. Court of Appeals for the Ninth Circuit issued a dissent today that begins with the words quoted in this post’s title? The answer may surprise.
“Document dispute snags Miers nomination; Bush refuses to turn over records of work as White House counsel”: Tom Curry, national affairs writer for MSNBC, provides this report.
And Bloomberg News reports that “Bush Says White House Won’t Give Miers Material to U.S. Senate.”
In the November | December 2005 issue of Legal Affairs: Some of the content from the latest issue of the magazine that hosts this blog is now available online.
Law Professor Todd David Peterson has an article headlined “Oh, Behave! Congress’s recent efforts to punish federal judges flout the Constitution; it says so in the Good Behavior Clause.”
Daniel Brook has an article headlined “A Blueprint for the Future: The federal government has embarked on the biggest courthouse building spree in history, hired the nation’s finest architects to do the designing, and touched off a rancorous debate over what the courthouses of tomorrow should look like.”
And Lincoln Caplan has an essay entitled “Litmus Tests” that begins, “John Roberts at 50 is the youngest chief justice of the United States since 1801, when John Marshall was confirmed at 45. ”
“The Long Game: Voting against Harriet Miers might come back to haunt Republican senators.” John Hinderaker has this essay online today at The Weekly Standard.
“Conservatives Launch ‘Withdraw Miers’ Website”: CNSNews.com provides this report on the web site WithdrawMiers.org.
“Scholars as well as judges have recognized that a power to fix statutes substantively would give the Judicial Branch too much leeway to prefer its views about what makes for ‘good’ laws over those of the Legislative Branch.” Seventh Circuit Judge Frank H. Easterbrook issued this interesting opinion on Friday.
Also on Friday, Judge Easterbook issued a separate opinion in which the Seventh Circuit addressed the following argument under the Equal Pay Act of 1963: “that because women earn less than men from private employment, all market wages must be discriminatory and therefore must be ignored when setting salaries.”
“Bush Won’t Release All Miers Records”: The Associated Press provides this report.
“Abortion: Judges in spotlight; Some worry notification law is too vague to rule on a minor’s maturity.” This front page article appears today in The Sacramento Bee.
“Rubber match: What do you get when you design a condom that men want to use? Sued. Inside the twisted patent battle over prophylactics.” Andrew Leonard has this article today at Salon.com.
73% of bloggers polled oppose Miers nomination: “The Truth Laid Bear” is conducting a survey of bloggers, and details on how to participate are available here.
“Harriet’s summer of love!” Jeffrey Toobin has this Talk of the Town item in the October 31, 2005 issue of The New Yorker. And don’t overlook his very interesting profile of Justice Stephen G. Breyer, also in this week’s magazine (as I previously noted here).
“Senators Seek Miers’ White House Files; Bipartisan requests to release the records warn that the nominee’s confirmation is at stake”: This article appears today in The Los Angeles Times.
The Arkansas Democrat-Gazette reports today that “Many legal scholars see Miers tipping balance on Roe.”
And The Washington Times reports that “Senators face off on Miers nod.”
In commentary, online at OpinionJournal, John Fund has an essay entitled “What Went Wrong: Lessons the White House should learn from the Miers debacle.”
In USA Today, Ross K. Baker has an op-ed entitled “Faith hasn’t ruled high court justices: Miers’ supporters have sold her religion as a credential; History shows that they might be disappointed.”
The Arizona Republic contains an editorial entitled “Low point for high court: The Miers nomination is clearly a mistake; it’s time for Bush to move on.”
The Miami Herald contains an editorial entitled “Caution flags up on Miers nomination; Not enough known of her ability, judicial philosophy.”
The Intelligencer of Wheeling, West Virginia contains an editorial entitled “Miers Becoming An Embarrassment.”
In The Washington Times, Nat Hentoff has an op-ed entitled “A flawed reading of the Constitution.”
And in The Statesman Journal of Salem, Oregon, Ron Eachus has an op-ed entitled “Either president or public will be the loser in Miers debacle.”