How Appealing

Monday, October 24, 2005

“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.”

Posted at 8:28 PM by Howard Bashman

“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.

Posted at 8:10 PM by Howard Bashman

“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.

Posted at 8:00 PM by Howard Bashman

“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.

Posted at 5:40 PM by Howard Bashman

“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?

Posted at 3:54 PM by Howard Bashman

“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.”

Posted at 3:45 PM by Howard Bashman

“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

Posted at 2:33 PM by Howard Bashman

“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.

Posted at 2:30 PM by Howard Bashman

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. ”

Posted at 12:34 PM by Howard Bashman

“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.

Posted at 12:25 PM by Howard Bashman

“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.”

Posted at 12:10 PM by Howard Bashman

“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

Posted at 9:50 AM by Howard Bashman

“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.”

Posted at 6:54 AM by Howard Bashman