How Appealing



Monday, October 31, 2005

On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled:

RealPlayer is required to launch these audio segments.

Posted at 12:05 PM by Howard Bashman



“Bush names Alito as Supreme Court nominee”: Financial Times provides this news update.

Bloomberg News reports that “Judge Samuel Alito Chosen by Bush for Supreme Court.”

BBC News reports that “Court choice augurs battle-royal.”

The Scripps Howard News Service reports that “Bush taps conservative judge favored by right for high court.”

Voice of America News reports that “Bush Nominates Federal Judge Alito for US Supreme Court.”

Editor & Publisher reports that “Supreme Court Nominee Ruled in Favor of Alcohol Ads.”

The Denver Post provides a news update headlined “Salazar: Alito pick ‘troublesome.’

And U.S. News & World Report provides this profile of the nominee.

Posted at 11:40 AM by Howard Bashman



Links to material concerning U.S. Supreme Court nominee Samuel A. Alito, Jr.: Since December 2000, I have written a monthly appellate column for The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers. In my coverage of the U.S. Court of Appeals for the Third Circuit, Judge Alito’s name has arisen frequently.

Of particular interest, each year I have written for The Legal a Term-end retrospective of how the Third Circuit fared in the U.S. Supreme Court. Those who are interested in how Judge Alito’s opinions fared before the Supreme Court in the October 2000, 2001 (contains no mention of Judge Alito), 2002, 2003, and 2004 Terms can find out by clicking on the specific year. I also provided Third Circuit en banc round-ups for 2001 and 2002.

Judge Alito, until his term expired very recently, headed the U.S. Courts Advisory Committee on Appellate Rules. In that capacity, he led the charge for a number of noteworthy and eminently sensible changes to the Federal Rules of Appellate Procedure, including the rather controversial provision that will soon enable non-precedential federal appellate rulings to be cited in all federal appellate courts. Within the Third Circuit, Judge Alito also deserves much responsibility for that court’s own, earlier rule change allowing citation to that court’s own non-precedential rulings. Then-D.C. Circuit Judge John G. Roberts, Jr. until joining the U.S. Supreme Court also served on the Advisory Committee on Appellate Rules, and I suspect that the two men know each other, and get along, quite well.

Finally for now, Judge Alito recently wrote the Foreword to the inaugural issue of the Seton Hall Circuit Review, explaining that “It
will come as no surprise that a court of appeals judge welcomes the arrival of a new journal devoted to the study of the courts of appeals, but there are sound reasons to applaud this new publication.”

Posted at 10:20 AM by Howard Bashman



Today’s U.S. Supreme Court Order List: Today’s Order List can be viewed at this link.

In early coverage, Lyle Denniston has a post titled “No action on Hamdan, four grants” online at “SCOTUSblog.”

Gina Holland of The Associated Press reports that “Supreme Court Nixes Appeal on Cell Phones” and “Supreme Court Rejects Telecommuting Case.” The AP also reports that “Supreme Court to Consider Immigrant Rights“; “Court to Hear Medical Patent Case“; and “Supreme Court Rejects Microsoft Appeal.”

Posted at 10:00 AM by Howard Bashman



“Bush Puts Demands of Far-Right Above Interests of Americans with High Court Nomination of Right-Wing Activist Alito; PFAW will wage massive national effort to defeat nominee who would dramatically shift balance of Court”: People For the American Way has issued this news release. That organization’s preliminary report on Third Circuit Judge Samuel A. Alito, Jr. can be accessed here.

Posted at 9:30 AM by Howard Bashman



A first for the Third: Not only is Circuit Judge Samuel A. Alito, Jr. President Bush’s third nominee to replace Justice Sandra Day O’Connor, but Judge Alito is also the first judge serving on the U.S. Court of Appeals for the Third Circuit ever to have been nominated to serve on the U.S. Supreme Court.

The Philadelphia-based Third Circuit is, of course, the federal appellate court before which I practice most frequently, and I know Judge Alito well. At some point over the days to come, I will explain why I enthusiastically support this nomination. For now, my wife (who thinks Judge Alito is a great person, too) and I just want to take a moment to wish Judge Alito well in the days ahead, for he is a truly kind, intelligent, and compassionate person who undoubtedly will serve the Nation with great distinction on the Supreme Court just as he has served to this point with great distinction as a U.S. Court of Appeals judge.

Posted at 9:25 AM by Howard Bashman



“The Mild-Mannered Scalia; Samuel Alito Jr., 3rd U.S. Circuit Court of Appeals”: Shannon P. Duffy of The Legal Intelligencer had this profile back in March 2003.

Posted at 9:20 AM by Howard Bashman



“Pres. Bush Announcement of Samuel Alito as Supreme Court Nominee”: Via C-SPAN, you can view the announcement online by clicking here (RealPlayer required). And a transcript of this morning’s nomination can be accessed here.

Posted at 8:52 AM by Howard Bashman



In somewhat earlier coverage: Today’s edition of Newsday reports that “Judge from NJ tops list; Appeals court jurist, often compared to Scalia, leads nominees, according to conservative activists.”

The Los Angeles Times reports today that “Senators Get Ready for Next Court Choice; Considering recent White House problems, Republican Trent Lott sees a role for ‘new blood’ to advise the administration.”

The New York Sun reports that “Judges Alito and Luttig Emerge at the Center Of Court Speculation.”

The Washington Times reports that “Bush expected to pick justice from the right.”

And The New York Daily News contains an article headlined “Pol: W benched O’Connor.”

Posted at 6:52 AM by Howard Bashman