How Appealing

Monday, October 31, 2005

“President Picks Judge on Appeals Court for O’Connor’s Seat”: This article will appear Tuesday in The New York Times. Also in Tuesday’s newspaper, a profile is headlined “After a Career of Quiet Focus, Alito Is Leaving the Background.” Linda Greenhouse will report that “Abortion Case May Be Central in Confirmation.” Adam Liptak and Jonathan D. Glater have an article headlined “Rulings That Are Lucid and Methodically Based.” And in related coverage, “Potentially, the First Shot in All-Out Ideological War“; “2 Camps, Playing Down Nuances, Stake Out Firm Stands“; “Conservatives Scrambling to Prepare for a Tough Fight“; and “Alito Could Be 5th Catholic on Current Supreme Court.” The newspaper will also contain an editorial entitled “Another Lost Opportunity,” and Law Professor Ann Althouse will have an op-ed entitled “Separated at the Bench.”

Tuesday in The Washington Post, meanwhile, Charles Lane will have a front page article headlined “Alito Leans Right Where O’Connor Swung Left.” And in related coverage, “Alito Nomination Sets Stage for Ideological Battle; Bush’s Court Pick Is Appeals Judge With Record of Conservative Rulings“; “As Democrats Lead Opposition, GOP Moderates May Control Vote“; and “With a Pick From the Right, Bush Looks to Rally GOP in Tough Times.”

Posted at 11:45 PM by Howard Bashman

“Justices to Decide When Victims’ Transcripts Can Be Used”: Linda Greenhouse will have this article Tuesday in The New York Times.

Posted at 11:33 PM by Howard Bashman

“A Scalia by any other name: Conservatives have their man in Samuel Alito; Liberals have their worst fears realized; The battle over the Supreme Court nominee is about to get ugly.” Michael Scherer has this essay at

Posted at 10:38 PM by Howard Bashman

“Alito’s rise took no one who knows him by surprise”: This article will appear Tuesday in The Philadelphia Inquirer.

The Daily Princetonian provides a news update headlined “Alito ’72 nominated for Supreme Court seat; Classmates describe judge as intelligent, reserved with dry sense of humor.”

The Chicago Tribune on Tuesday will report that “Alito has a record of steady conservatism, reputation for civility.”

The Dallas Morning News on Tuesday will report that “Alito’s rulings show a consistently conservative point of view.”

Tuesday’s edition of The Milwaukee Journal Sentinel will report that “Battle lines are drawn on Alito nomination.”

Tuesday’s edition of The Hill will contain articles headlined “Dems hint at filibuster” and “Schedule may affect key cases.”

And The Telegraph (UK) reports that “Bush second choice Alito delights Right-wing Republicans.”

Posted at 10:24 PM by Howard Bashman

“Many of Alito’s rulings have been at odds with Supreme Court”: Stephen Henderson of Knight Ridder Newspapers provides this report.

Posted at 10:12 PM by Howard Bashman

“Specter goes to bat for high court nominee; Judiciary Committee chairman sends strong signals that he’ll help Alito”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 10:08 PM by Howard Bashman

Available online from T.R. Goldman of Legal Times reports that “Judicial Experience, Conservative Credentials Seen as Factors in Alito Nomination.”

Shannon P. Duffy of The Legal Intelligencer has an article headlined “Conservative, but No ‘Scalito’; 3rd Circuit lawyers like home court nominee” in which I am quoted. The article also reports on an interview with former Third Circuit Judge Timothy K. Lewis, who is nearly on the opposite end of the ideological spectrum from Judge Alito but nonetheless strongly supports the nomination.

Gina Passarella of The Legal Intelligencer reports that “No Easy Path to Confirmation Seen for Alito; Pa. lawyers like nominee, but politics will force a major battle.”

Tony Mauro has a lengthy and perhaps controversial article headlined “The Secrets of Jay Sekulow.”

And in other news, “Court Finds ‘Gripe Site’ Is Protected Free Speech, Not Defamation.”

Posted at 10:05 PM by Howard Bashman

“One liberal’s positive view of Alito”: At the blog “Blue Mass. Group,” you can access here David Kravitz’s recitation of his discussion today with Katherine (Kate) Pringle, a former law clerk to Third Circuit Judge Samuel A. Alito, Jr. Much of what Kate says is precisely what I have been saying to members of the press today.

Posted at 9:55 PM by Howard Bashman

“Jamie Olis appeals from a judgment of conviction for which he was sentenced to 292 months in prison for securities fraud, mail and wire fraud, and conspiracy.” So begins today’s ruling of the U.S. Court of Appeals for the Fifth Circuit in United States v. Olis. The opinion goes on to explain that “The charges arose from Olis’s work as a tax lawyer and accountant at Dynegy Corporation (‘Dynegy’) on a transaction called ‘Project Alpha.'”

Today the Fifth Circuit, in an opinion by Circuit Judge Edith H. Jones, ordered that Olis “must be resentenced in accordance with Booker‘s overall standard of reasonableness after the court ‘considers’ the guidelines including a recalculation of the amount of loss for which Olis should be held responsible.”

Coincidentally, Law Professor Douglas A. Berman of the “Sentencing Law and Policy” blog and I were discussing this very case on Saturday while we were in Monterey, California.

Posted at 8:50 PM by Howard Bashman

“Opponents of Alito focus on abortion and religion”: Patti Waldmeir will have this article Tuesday in Financial Times. The newspaper will also contain articles headlined “Conservative judge nominated to Supreme Court” and “Bush’s Supreme Court choice sets scene for fight.”

The St. Petersburg Times provides a news update headlined “Alito called a ‘fair-minded judge’; Conservatives are warming up to Sam Alito, the president’s new Supreme Court nominee.”

The Chicago Tribune on Tuesday will report that “Alito nomination divides Congress.”

The St. Louis Post-Dispatch on Tuesday will report that “Battle lines over Alito quickly and clearly drawn on Capitol Hill.”

The Hill on Tuesday will report that “GOP candidates rally to Alito; Dems wait and see.”

The Denver Post provides a news update headlined “Alito polarizes abortion partisans.”

Tuesday’s edition of The Independent (UK) reports that “Right-wingers welcome Bush’s substitute judge.”

The Times of London on Tuesday contains articles headlined “Bush sets stage for battle over his conservative court nominee” and “President makes the Right choice after all.” reports that “Alito Nomination May Bring Long-Anticipated Judiciary Fight.”

The Washington Post provides access to an item headlined “Transcript: Sen. Specter Discusses Alito Nomination.”

Newsweek has posted online an item headlined “‘A Pattern of Conservatism’; How Samuel Alito could tilt the balance in the Supreme Court.”

And KELOLAND TV of Sioux Falls, South Dakota reports that “Appeals Judge Reacts To Alito Nomination.”

Posted at 8:00 PM by Howard Bashman

Eleventh Circuit grants rehearing en banc of three-judge panel decision granting new trial to convicted Cuban spies on account of pervasive community prejudice against Fidel Castro and the Cuban government: The original unanimous three-judge panel’s ruling can be accessed here. Today’s order granting rehearing en banc can be viewed at this link.

Posted at 6:50 PM by Howard Bashman

“Sens. Bill Frist (R-TN) & Mitch McConnell (R-KY) Meet with Supreme Ct. Nominee Samuel Alito “: Thanks to C-SPAN, you can view the video online by clicking here (RealPlayer required).

Posted at 6:25 PM by Howard Bashman

On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contains segments entitled “Bush Chooses Federal Judge Alito for High Court” (featuring Nina Totenberg); “Alito Nomination Revives Filibuster Debate“; “What the U.S. Public Wants in a High Court Judge“; and “Two Takes on the Alito Nomination: Right and Left.” RealPlayer is required to launch these audio segments. This evening’s broadcast contained even more Alito-related segments, but the audio for those additional segments is not yet available online.

Posted at 5:25 PM by Howard Bashman

“Founders Designed Separation of Church and State to Protect Religion, McConnell Says”: The web site of the University of Virginia School of Law provides a report that begins, “The nation’s founders included the disestablishment clause of the First Amendment to protect and promote the church’s inculcation of public virtue, rather than to protect the federal government from the influence of religion, said Judge Michael W. McConnell at the Oct. 27 Meador Lecture on Law and Religion.”

Posted at 5:20 PM by Howard Bashman

“Judge Alito: fairly strong on free expression.” Ronald K.L. Collins and David L. Hudson Jr. of the First Amendment Center provide this analysis.

Posted at 4:33 PM by Howard Bashman

Listen here: Today’s broadcast of NPR‘s “Day to Day” contained segments entitled “Slate’s Jurisprudence: Bush Tries Again with ‘Scalito’” (featuring Dahlia Lithwick); “Judge Alito’s U.S. Senate Charm Campaign“; and “A Law Clerk’s View of Judge Samuel Alito.”

Today’s broadcast of the public radio program “Here & Now” contained a segment entitled “Samuel Alito’s Nomination.”

RealPlayer is required to launch the above audio segments.

And today’s broadcast of the public radio program “On Point” contained a segment entitled “Justice Samuel Alito?” (available in both RealPlayer and Windows Media formats) featuring a stellar cast of guests.

Posted at 4:15 PM by Howard Bashman

I’m quoted: An article in tomorrow’s edition of The Christian Science Monitor headlined “Battle for the court begins; With conservative bona fides, Samuel Alito faces stiff Senate opposition to his nomination” quotes me as follows:

Howard Bashman, an appellate lawyer in Philadelphia and founder of the popular blog How Appealing, describes Alito as charming and even shy as an individual. But he can be tough. “He can give any lawyer a hard time by asking difficult questions, but not by being difficult or confrontational,” Mr. Bashman says. While Alito’s rulings tend to be conservative in criminal law cases, his decisions in civil cases are difficult to predict and are not necessarily those of a doctrinaire conservative, he adds.

You can access the complete article at this link.

Posted at 4:04 PM by Howard Bashman

Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled “Trick and Treat: Sammy Alito is the whole bag of goodies.”

Emily Bazelon has a jurisprudence essay entitled “Alito v. O’Connor: How the nominee tried to restrict Roe.”

John Dickerson has an essay entitled “Ready To Rumble: The Supreme Court battle we’ve all been waiting for.”

And Bruce Reed of “The Has-Been” has a post titled “Benched: Why President Bush stopped pretending to be against judicial activism.”

Posted at 4:00 PM by Howard Bashman

Available online from The Christian Science Monitor: In today’s newspaper, Warren Richey has an article headlined “On docket: religious freedom vs. drug laws; The Supreme Court takes up a case involving a New Mexico sect that could be important for other minority religions.”

And tomorrow’s newspaper will contain articles headlined “Battle for the court begins; With conservative bona fides, Samuel Alito faces stiff Senate opposition to his nomination” and “A reserved voice of the right.”

Posted at 3:15 PM by Howard Bashman