How Appealing



Wednesday, October 26, 2005

“Abortion issue’s opponents wary of the fine print”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The principal debate over Proposition 73 is whether doctors should have to notify a pregnant teen’s parents before performing an abortion. But other controversies are lurking in the fine print. One little-discussed provision of the Nov. 8 ballot measure would create a public scorecard for judges who rule on minors’ abortions. Another would define abortion in the state Constitution as the killing of ‘a child conceived but not yet born.'”

Posted at 9:24 AM by Howard Bashman



“In Speeches From 1990s, Clues About Miers Views; Nominee Defended Social Activism”: This front page article appears today in The Washington Post.

The Los Angeles Times reports today that “Before Bush, U.S. Judge in Texas Was Miers’ Hero; The Supreme Court nominee had effusive praise for a jurist who aided her career.”

The Boston Globe reports that “Senators press Bush for data from Miers White House stint; Silence may hurt court nominee, legislators warn.”

The Associated Press reports that “Miers Isolated From Social Turmoil As Teen.”

The St. Petersburg Times reports today that “Miers’ 2nd chance could be her last; Senators want more information about the Supreme Court nominee, and today is her opportunity to provide it.”

The Rocky Mountain News reports that “Judiciary committee hasn’t called Dobson; Focus chief expected to be quizzed about Miers’ nomination.”

The Washington Times contains articles headlined “Miers achieved, but stayed under the radar” and “Senators reject Miers critics.”

The New York Sun reports that “Court Nominee Gains Some Senate Support.”

The Milwaukee Journal Sentinel reports that “Miers meeting leaves Feingold feeling ‘frustrated’; Court nominee’s responses reveal little, he says.”

And The Green Bay Press-Gazette reports that “Feingold gets few answers from Miers, Supreme Court nominee.”

In commentary, The Rocky Mountain News contains an editorial entitled “Legal precedent not the be-all, end-all; Salazar’s standard won’t work.”

The Birmingham News contains an editorial entitled “Give Harriet Miers chance to be heard.”

In The Seattle Times, Carl Jeffers has an op-ed entitled “With Miers, the president may move court to the left.”

And at OpinionJournal, U.S. District Judge Thomas P. Griesa has an essay entitled “Tried and True: The Supreme Court would benefit from a trial lawyer’s experience.” And Holman W. Jenkins Jr. has an essay entitled “The Real Lottery Scandal: Harriet Miers and America’s pathetic affair with state gambling.”

Posted at 6:45 AM by Howard Bashman



“A Supreme Court Order Affords Some Insight Into The Roberts Court’s View of Roe v. Wade: Must Prison Officials Transport an Inmate to an Abortion Clinic?” FindLaw commentator Michael C. Dorf has this essay today.

Posted at 6:40 AM by Howard Bashman



Tuesday, October 25, 2005

“Point Man for Miers Juggles Allegiances; Legal Conservative Risks Credibility By Helping Bush Defuse Criticism Of High Court Nominee”: In Wednesday’s edition of The Wall Street Journal, Jeanne Cummings will have this article (free access) about Leonard Leo.

Posted at 10:14 PM by Howard Bashman



You can never be too thin, too rich, or have too many pieces of legislation under consideration to split the Ninth Circuit: Tomorrow afternoon, as I earlier noted here, a subcommittee of the Senate Judiciary Committee will hold a hearing on legislation to divide the U.S. Court of Appeals for the Ninth Circuit. And, if that is not enough, the House Judiciary Committee tomorrow afternoon will be holding its mark-up of separate legislation to split the Ninth Circuit. Of course, if it were up to the House, the Ninth Circuit would have been split long ago. But the Senate keeps cooling the saucer, so to speak.

Posted at 10:00 PM by Howard Bashman



“The End of Federalism?” Online at the web site of the Claremont Institute, John C. Eastman has an essay that begins, “Why has there been such a firestorm over President Bush’s most recent nominee to the Supreme Court?”

Posted at 5:24 PM by Howard Bashman



“Revisiting Proposals to Split the Ninth Circuit: An Inevitable Solution to a Growing Problem.” The witness list for tomorrow afternoon’s hearing of the Senate Judiciary Committee‘s Subcommittee on Administrative Oversight and the Courts can now be accessed here.

Posted at 4:38 PM by Howard Bashman



“On Tuesday, October 25, Americans for Better Justice, announced the launch of ABJ’s national advertising campaign to urge President Bush to withdraw his nomination of Harriet Miers to the Supreme Court.” You can view the ad by clicking here, while the Americans for Better Justice web site can be accessed here.

Posted at 3:40 PM by Howard Bashman



“High court opposites dazzling off the bench”: Today in The Chicago Sun-Times, columnist John O’Sullivan has an essay from Melbourne, Australia that begins, “Most legal reporters would burn their briefs to overhear U.S. Supreme Court discussions between Justices Antonin Scalia and Stephen Breyer, respectively the leading conservative and liberal minds on the court.”

Additional coverage is available in a post titled “A Judicial SIGHT-ation from Down Under: Nino and Steve’s Excellent Adventure!” at “Underneath Their Robes.”

Posted at 2:48 PM by Howard Bashman



Divided Third Circuit panel affirms dismissal of federal civil rights claims filed by self-styled “campus-evangelist” whose preaching on the evils of pre-marital sex, drinking, and homosexuality nearly sparked a riot on the campus of Indiana University of Pennsylvania: You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

News coverage of the underlying dispute can be accessed here, here, here and here.

Posted at 2:20 PM by Howard Bashman



“Nina Totenberg discusses Supreme Court scene”: The Pittsburgh Post-Gazette today contains an article that begins, “If Harriet Miers is still looking for a ‘crash course’ on the U.S. Supreme Court, she could have picked up a few pointers last night from Nina Totenberg, National Public Radio’s court correspondent.”

Posted at 12:12 PM by Howard Bashman



In today’s mail: I’m very pleased to have received in today’s mail a copy of Joan Biskupic‘s new book, “Sandra Day O’Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice.” Apparently the book has gone on-sale in bookstores across the USA today [USA Today pun largely accidental].

A little birdie tells me that Joan will be visiting the National Constitution Center in Philadelphia to talk about her book (and sign copies of it) on the evening of December 1, 2005. Let’s hope Joan remembers Justice O’Connor’s advice to be on the lookout for the falling beams.

Posted at 11:45 AM by Howard Bashman



“Sen. Baucus Demands That Miers Release Her Tax Returns (As Must Tax Court Judges)”: This post appears today at “TaxProf Blog.”

Posted at 11:10 AM by Howard Bashman



Priscilla Owens and Harriet Mier: Via The Washington Post’s “Campaign for the Court” blog, I have come across a Google cache of D Magazine‘s April 2005 interview entitled “Tracy Rowlett Interviews Harriet Miers.” The interview is interesting, but be forewarned that Fifth Circuit Judge Priscilla R. Owen‘s last name is misspelled. See, e.g., NPR‘s “All Things Considered” segment from May 25, 2005, “It’s Pronounced Owen: One Person, Singular” (RealPlayer required).

Posted at 10:15 AM by Howard Bashman



“Execution Closer for ‘a Model of Humanity'”: Today in The Los Angeles Times, Henry Weinstein has an article that begins, “Lawyers and religious figures on Monday launched what is expected to be a vigorous battle to save the life of Stanley ‘Tookie’ Williams, the reputed co-founder of the Crips street gang, after a judge set Dec. 13 as his execution date.”

The San Francisco Chronicle reports today that “Execution for Nobel nominee killer set.”

And in The San Jose Mercury News, Howard Mintz reports that “Judge orders execution of gang founder/activist; Death penalty debate begins to flare up.”

Posted at 9:54 AM by Howard Bashman



“The ‘Krauthammer factor'”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Almost from the beginning, the Supreme Court nomination of Harriet E. Miers has been in trouble with prominent conservative columnists.”

Posted at 7:15 AM by Howard Bashman



“Appeals court rules judges may keep their papers secret”: The Chicago Sun-Times today contains an article that begins, “The justices of the Supreme Court of Illinois have an ‘absolute privilege’ to keep secret any memos and documents they circulate among themselves, a state appellate court ruled Monday.”

Posted at 6:54 AM by Howard Bashman



“Bush Refuses to Release Miers’ Files; He says letting senators see the high court pick’s White House records is a ‘red line I’m not willing to cross’; Lawmakers suggest a compromise”: This article appears today in The Los Angeles Times.

The Washington Post reports today that “Conservatives Escalate Opposition to Miers; Web Sites and Ad Campaign Seek Nominee’s Withdrawal.”

The Dallas Morning News reports that “Bush won’t share records on Miers’ White House time; Privilege cited; senators say they must know more before hearings.”

The Denver Post reports that “Miers’ silence on leak may be on shaky footing; Experts say the Supreme Court nominee can’t claim attorney-client privilege on all Plame-related queries.”

In The Boston Globe, Charlie Savage reports that “Bush says he won’t air memos from Miers; Sparks standoff with both parties.”

The Houston Chronicle contains articles headlined “Bush: Records of Miers’ legal advice off-limits; Details on her work as counsel to president sought” and “Bush gets help from home; Texas senators take high-profile roles in defending the White House.”

The Washington Times reports that “Bush refuses to disclose conversations with Miers” and “Leaders on right call for new pick.”

And The Pittsburgh Post-Gazette reports that “Bush balks on data tied to Miers’ counsel.”

In commentary, The Seattle Times contains an editorial entitled “Miers not qualified for Supreme Court.”

Bloomberg News columnist Andrew Ferguson has an essay entitled “Miers Joins Long March of Mediocrity to Court.”

In The Boston Globe, columnist Thomas Oliphant has an op-ed entitled “Missteps on Miers.”

In The Washington Times, Bruce Fein has an op-ed entitled “Set-aside baggage.”

In The Rocky Mountain News, columnist Paul Campos has an op-ed entitled “Miers gets royal treatment.”

And in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed entitled “Slap them silly.”

Posted at 6:44 AM by Howard Bashman



Monday, October 24, 2005