How Appealing

Tuesday, May 5, 2009

Available online from Marcia Coyle has an article headlined “A Not-So-Quiet Legacy for the ‘Stealth Justice’: Souter made his mark in 1992 as one of three Republican appointees who upheld abortion rights.”

And Shannon P. Duffy has an article headlined “Amid Some Tears, Souter Bids Adieu to 3rd Circuit; Throughout his high court tenure, Souter has served as the ‘circuit justice’ for the 3rd Circuit, handling emergency motions from the appeals court.”

Posted at 11:50 PM by Howard Bashman

“Justices Agree to Take Up Sentencing for Young Offenders”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “High Court to Look at Life Sentences for Juveniles.”

Warren Richey of The Christian Science Monitor has an article headlined “Life in prison for criminal teens? Supreme Court to decide; Two Florida teens were given life sentences without parole for nonlethal crimes; The top court will consider if the punishments are constitutional.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Why two juvenile sentence cases?

Posted at 11:25 PM by Howard Bashman

“On the Brilliance of People like Judge Sonia Sotomayor and Barack Obama”: Rob Kar has this post at “PrawfsBlawg.”

Posted at 10:45 PM by Howard Bashman

“Begich recommends Alaska judge get consideration for U.S. Supreme Court”: The Associated Press has a report that begins, “U.S. Sen. Mark Begich has recommended the chief justice of the Alaska Supreme Court be considered to succeed Justice David Souter on the nation’s highest court.”

Posted at 10:30 PM by Howard Bashman

“Circuit Court Judge and Constitutional Law Scholar Michael W. McConnell Joins Stanford Law School Faculty”: Stanford Law School late today issued a news release that begins, “Stanford Law School today announced the appointment of Michael W. McConnell, a federal judge on the United States Court of Appeals for the Tenth Circuit and well-known constitutional law scholar, as Richard and Frances Mallery Professor of Law. McConnell will step down from his role on the bench to rejoin the legal academy and direct the Stanford Constitutional Law Center.”

And the U.S. Court of Appeals for the Tenth Circuit has posted at its web site a document described as “McConnell Resignation Media Release” consisting of a news release and the judge’s letter of resignation to President Obama. You can access Judge McConnell’s Federal Judicial Center biography at this link.

In early coverage, The Salt Lake Tribune has a news update headlined “U. law professor resigns from federal appeals court.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Judge Michael McConnell Leaving the Bench.”

Posted at 9:24 PM by Howard Bashman

“Charges Seen as Unlikely for Lawyers Over Interrogations”: The New York Times has a news update that begins, “An internal Justice Department inquiry into the conduct of Bush administration lawyers who wrote secret memorandums authorizing brutal interrogations has concluded that the authors committed serious lapses of judgment but should not be criminally prosecuted, according to government officials briefed on a draft of the findings.”

Posted at 5:09 PM by Howard Bashman

“Supreme Court Justice gives keynote address at La. Bar Association conference”: The Associated Press has a report that begins, “No stranger to sharply worded dissenting opinions, U.S. Supreme Court Justice Antonin Scalia says he has never sided with the court’s majority for the sake of collegiality or to avoid making a ‘spectacle’ of himself.”

Posted at 4:48 PM by Howard Bashman

“Souter bids fond farewell to his judges”: Mark Sherman of The Associated Press has a report that begins, “An emotional Supreme Court Justice David Souter bid a fond farewell Tuesday to judges and lawyers he has worked with for nearly two decades.”

Posted at 3:40 PM by Howard Bashman

What’s up with “SCOTUSblog”?SCOTUSblog” has been off-line thus far today, and some readers have emailed me asking if I could put up a post addressing that situation. I emailed Tom Goldstein, who advises that “our blog host crashed yesterday, and they say it will be back up this afternoon.” So stay tuned for the promised return of “SCOTUSblog” sometime later today.

Posted at 2:59 PM by Howard Bashman

“Former Bush Officials Work to Soften Report on Interrogations”: The Washington Post has a news update that begins, “Former Bush administration officials are launching a behind-the-scenes lobbying campaign to urge Justice Department leaders to soften an ethics report criticizing lawyers who blessed harsh detainee interrogation tactics, according to two sources familiar with the efforts.”

Posted at 2:50 PM by Howard Bashman

“Hatch Says Obama Told Him He Won’t Pick ‘Extremist’ for Court”: James Rowley and Brian Faler of Bloomberg News have this report.

The Associated Press reports that “Reid hopes Obama makes unconventional Supco choice.”

At, Josh Gerstein reports that “Groups push for first gay Supreme Court justice.” And Manu Raju and Jonathan Martin have an article headlined “Orrin Hatch: White House may announce Supreme Court nominee this week.”

At CQ Politics, Keith Perine and Seth Stern have an article headlined “Obama Urged to Look Beyond Federal Appeals Courts in Replacing Souter.”

Today’s edition of The Minneapolis Star Tribune reports that “A Sen. Franken could sway court pick.”

The Macon Telegraph reports today that “Erick Erickson sends vulgar message about Souter.”

In The Boston Globe, columnist Derrick Z. Jackson has an op-ed entitled “I was wrong about Justice Souter.”

In The Philadelphia Inquirer, law professor Lisa T. McElroy has an op-ed entitled “In going his own way, Souter expanded rights; He should be replaced by another independent judge.”

At National Journal’s “Hotline on Call” blog, Jennifer Skalka has a post titled “A Note From Souter.”

And online at The Atlantic Monthly, Jeannette Lee has a blog post titled “Justice Souter’s Dream.”

Posted at 11:12 AM by Howard Bashman

“G.O.P. Picks Conservative for Senate Judiciary Post”: This article appears today in The New York Times.

Today in The Chicago Tribune, James Oliphant has an article headlined “GOP on Judiciary Committe: Conservative Sessions to replace moderate Specter as Republican leader on panel.”

The Des Moines Register reports that “Plan shuffles Grassley’s roles on committees.”

The Associated Press reports that “Conservative to lead GOP fight on court nomination.”

CQ Politics reports that “Sessions Brings Conservative Cred to Top Judiciary Slot.” reports that “Sessions to replace Specter on Judiciary.”

And The Hill reports that “Deal struck on Judiciary” and “Sessions seeks fair treatment of court pick.”

Posted at 8:25 AM by Howard Bashman

“Chief Justice Roberts Addresses 3rd Circuit Judicial Conference”: At “The Legal Intelligencer Blog,” Shannon P. Duffy has a post that begins, “As lawyers and their spouses streamed out of the Hyatt Regency grand ballroom on Monday night, the overheard on-the-spot reviews of the keynote speech by Chief Justice John G. Roberts Jr. were decidedly mixed.”

Posted at 8:17 AM by Howard Bashman

“The court and New Haven firefighters: The Supreme Court is weighing a case involving diversity; a narrow reading of the law is probably best.” The Los Angeles Times contains this editorial today.

Posted at 8:14 AM by Howard Bashman