How Appealing



Monday, October 3, 2005

“Miers nominated to bench”: U.S. News & World Report provides this online update.

And Time magazine’s web site offers reports headlined “Bush’s Supreme Court Pick: Is She Right Enough? Harriet Miers is in the President’s comfort zone and may disarm the left; But it’s the right that’s uncomfortable“; “What Bush Had in Mind by Choosing Miers: The President was thinking of diversity, real-world experience and a close working relationship“; and “Harriet Miers: Profile of a Tireless Competitor; A longtime friend on the Texas supreme court tells about the rise of Bush’s new Supreme Court nominee.”

Posted at 8:05 PM by Howard Bashman



Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Bush Nominates Harriet Miers for High Court“; “Capitol Hill Reacts to Miers Nomination“; “Miers Considered a ‘Bridge-Builder’ in Texas“; “Conversative Miers’ Political, Legal Career” (featuring Nina Totenberg); and “Legal Scholars Analyze Miers Nomination.”

Today’s broadcast of “Talk of the Nation” contained segments entitled “Weighing the Miers Supreme Court Nomination” (featuring David G. Savage) and “High Court Takes Up Physician-Assisted Suicide.”

Today’s broadcast of “Day to Day” contained segments entitled “Chief Justice John Roberts’ First Day on the Job” (featuring Dahlia Lithwick); “White House Counsel Tapped for O’Connor Vacancy“; “Slate’s Jurisprudence: Harriet Miers Nomination” (featuring Emily Bazelon); “Conservative Reaction to Miers Pick“; and “Assessing the Miers Nomination.”

Finally, today’s broadcast of “Morning Edition” contained too many Court-related segments for me to list right now, but you can access them all via this link.

RealPlayer is required to launch these audio segments.

Posted at 6:45 PM by Howard Bashman



“Ninth Circuit to Increase Size of En Banc Courts”: The U.S. Court of Appeals for the Ninth Circuit issued this news release on Saturday. I first mentioned this news here.

The news release states:

Commenting on the change, Chief Judge Schroeder said that her court has been pleased with the operation of the 11-judge en banc court, but this action “is intended to respond to criticism that we should have a majority of our active judges sit on each en banc.”

Some readers may recall, however, that the Judicial Conference of the United States recently recommended that the Ninth Circuit grow by an additional seven authorized active judgeships. Thus, the current solution may be short-lived unless the Ninth Circuit is willing to go to eighteen-judge en banc panels.

Posted at 5:50 PM by Howard Bashman



“The internet is not a safe haven for illicit conduct. Rather, it is a digital community where the zeros and ones that translate into visible and audible expressions have legal consequences.” So writes the majority of a three-judge Second Circuit panel in denying panel rehearing today in the case known as United States v. Martin. My earlier coverage of the three-judge panel’s original divided ruling in this very interesting child pornography e-group probable cause case can be accessed here.

Posted at 5:45 PM by Howard Bashman



“Miers 2006: Does the president’s second Supreme Court pick hurt Republicans?” Wynton C. Hall has this essay at National Review Online.

Posted at 5:32 PM by Howard Bashman



“Court puts off Hamdan appeal”: At “SCOTUSblog,” Lyle Denniston has a post that begins:

The Supreme Court opened its new Term Monday, acting on nearly 2,000 new cases, but it chose — for the time being — to take no action on the most important case on the list. That was the appeal of Salim Ahmed Hamdan in what may be the most significant test yet of the Justices’ willingness to weigh the constitutionality of President Bush’s actions toward war on terrorism suspects. Hamdan has mounted a broad-based challenge to the war crimes tribunals that the President has set up (Hamdan v. Rumsfeld, 05-184).

There was no explanation for the Court’s failure to act; this almost certainly was not one of the cases the Court was holding back until Chief Justice John G. Roberts, Jr., joined its ranks on Monday. He is likely to be disqualified from the case because he ruled on it as an appellate judge last July 15. It appears likely that the Court will consider the case again shortly, perhaps later this week.

In that connection, a reader emails:

The Presiding Officer of the military commissions just released an order that says “Under commission law, confrontation of persons offering information to be considered by the Commission is not mandatory.” As you may know, the right to confrontation is a key element of Hamdan’s challenge to the military commissions, and the Solicitor General’s Brief opposing cert suggested that this right would be preserved. Evidently the military commission feels otherwise.

You can access the order in question at this link.

Posted at 5:22 PM by Howard Bashman



In Tuesday’s edition of The Christian Science Monitor: Tomorrow’s newspaper will contain articles headlined “Bush’s unconventional choice; Harriet Miers, nominee to the high court, has never been a judge, so paper trail is short” and “Miers may avert a Senate storm; Democratic leader Harry Reid expresses confidence in her.”

In addition, Warren Richey will have an article headlined “High court lets stand ‘no Bible’ ruling; States disagree over role Holy Scriptures should play in jurors’ deliberations.”

Posted at 5:15 PM by Howard Bashman



“Whither Roe v. Wade? In nominating Miers, Bush looks set to keep having it both ways on abortion.” Melinda Henneberger has this essay online at Newsweek.

Posted at 5:14 PM by Howard Bashman



“Legal community overjoyed”: The Dallas Morning News provides an update that begins, “Word that an esteemed Dallas lawyer and former councilwoman could become the next justice of the U.S. Supreme Court has stirred Texas pride among her many colleagues and friends.”

The Fort Worth Star-Telegram provides a news update headlined “Miers’ blank slate prompts all sides to counsel patience.”

And The Houston Chronicle provides news updates headlined “President picks White House counsel for Supreme Court“; “During stint at Texas Lottery, Miers ‘maybe ate nails’“; and “Miers would be only the 2nd Texan on high court.”

Posted at 4:04 PM by Howard Bashman



“The Miers Pick”: National Review Online offers this editorial.

Online at The New Republic, Akiba Covitz has an essay entitled “How Harriet Miers can avoid the Abe Fortas trap: And why the future of the Court would depend on it” (pass-through link).

Online at The Nation, David Corn has a post titled “Harriet Miers: Supreme Court Choice with Few Footprints.”

And a new post at “Confirm Them” is titled “Harriet Myers — A Profound Disappointment.”

Posted at 2:45 PM by Howard Bashman



“Down to the Last Detail: Bush’s pick for White House counsel sports an exacting style.” On December 15, 2004, law.com posted online this profile of White House Counsel Harriet Miers.

Posted at 2:40 PM by Howard Bashman



“The Girl Next Door: Harriet Miers used to pay my salary; Now Bush wants to put her on the Supreme Court.” Bruce Reed has this post online at Slate’s “The Has-Been.”

Posted at 2:30 PM by Howard Bashman



The wire services are reporting: The Associated Press reports that “Roberts Is Businesslike His First Day” and “Miers Had Stormy Tenure at Texas Lottery.” Anne Gearan reports that “Miers Led Bid to Revisit Abortion Stance.” And Jesse J. Holland reports that “Hispanics Upset Bush Passed on Them.”

Reuters, meanwhile, offers reports headlined “Supreme Court enters the John Roberts era“; “Bush picks White House’s Miers for court“; and “Bush pick for high court outrages conservatives.”

Posted at 2:24 PM by Howard Bashman



“Analyzing the pick of Miers: NBC Analyst Turley says nomination could ruffle Republicans, Democrats.” MSNBC provides this report.

Posted at 2:22 PM by Howard Bashman



“This appeal primarily asks whether the Nebrasks State Patrol’s removal of Va Lerie’s checked luggage from the bus’s lower luggage compartment to a room inside the bus terminal to seek Va Lerie’s consent to search the luggage constituted a Fourth Amendment seizure.” Today, a sharply divided en banc U.S. Court of Appeals for the Eighth Circuit, by a vote of 7-5, ruled that no seizure occurred. Some of the Eighth Circuit’s more conservative jurists were among the dissenters. You can access today’s en banc ruling at this link.

Nearly one year ago, a divided three-judge Eighth Circuit panel issued this ruling in the case reaching the opposite result. My earlier coverage of the three-judge panel’s ruling is here.

Posted at 12:00 PM by Howard Bashman



Today’s U.S. Supreme Court Order List: You can access today’s Order List (all 84 pages of it) at this link. Presumably the list would have been much shorter if the Court had found some way to avoid repeating over and over that “The Chief Justice took no part in the consideration or decision of these petitions.”

Posted at 11:20 AM by Howard Bashman



“Some conservatives not thrilled by Miers; Bush chooses ally for high court; some on the right fear ‘stealth’ nominee”: Tom Curry, national affairs writer for MSNBC, provides this analysis.

Posted at 10:28 AM by Howard Bashman



“Miers’ trek: from council to counsel; Ex-Dallas city official now advises president on legal matters”: This article appeared in the March 3, 2005 issue of The Dallas Morning News.

Today, The Dallas Morning News provides an update headlined “Miers tapped for high court.”

The New York Times provides a news update headlined “Longtime Confidante of Bush Has Never Been a Judge.”

The Washington Post provides a news update headlined “Bush Names Harriet Miers to Supreme Court; White House Counsel Would Replace Retiring Sandra Day O’Connor.”

And The Los Angeles Times provides a news update headlined “Bush Nominates Harriet Miers for Supreme Court.”

Posted at 10:14 AM by Howard Bashman