Category Archives: Bench & Bar

Dechert LLP: Six Pennsylvania judges filed a lawsuit today in Harrisburg claiming that a provision of the Pennsylvania Constitution, which mandates all Pennsylvania justices and judges retire at the end of the calendar year in which they turn 70, violates their rights under the Equal Protection and Due Process clauses of the Fourteenth Amendment to the United States Constitution and under Article I of the Pennsylvania Constitution.

Roll Call: Hatch’s position, however, is not shared by all his Republican colleagues. The list of stalled nominees includes several who have the strong backing of their home-state Republican senators. Sens. Susan Collins of Maine and James M. Inhofe of Oklahoma, for example, are pressing for confirmation votes in the post-election session.

Des Moines Register: U.S. Sen. Tom Harkin, D-Ia., has nominated two Iowa women to replace retiring Judge Michael J. Melloy on the 8th U.S. Circuit Court of Appeals. The names submitted to President Barack Obama are . . .

Life Legal Defense Foundation Executive Director Dana Cody and Legal Counsel Tom Condit will be available for media interviews immediately following former Kansas Attorney General Phill Kline’s oral arguments before the Kansas Supreme Court this Thursday. Representing the Kansas Bar, Stanton Hazlett has accused Mr. Kline of ten violations of the Kansas Rules of Professional Conduct in relation to Mr. Kline’s criminal investigation of abortion providers Planned Parenthood and the late Dr. George Tiller.

BuzzFeed: The White House announced on Wednesday that President Obama has nominated Judge William Thomas, an out gay man, to serve on the United States District Court for the Southern District of Florida. Thomas would be the first out LGBT black man to serve as a lifetime-tenured federal judge.

WhiteHouse.gov: Today, President Obama nominated Valerie E. Caproni, Kenneth John Gonzales, Raymond P. Moore, Judge Beverly Reid O’Connell, Judge William L. Thomas, Judge Analisa Torres and Derrick Kahala Watson for District Court judgeships.

AP: Independent Senator-elect Angus King of Maine said Wednesday he has decided to caucus with Democrats, which will add to the party’s voting edge.

MLIVE.com: Roane and Thacker, both of whom are gay, are co-chairs of the Lesbian-Gay-Bisexual-Transgender/Alternative Family Committee of the American Academy of Matrimonial Lawyers. The group’s primary target is the federal Defense of Marriage Act, which they say throws a wrench into one state’s ability to honor gay marriage vows that were made in another state or country.

AP: A potential showdown vote to limit Senate filibusters would not come until January. Democrats are threatening to resort to a seldom-used procedure that could let them change the rules without GOP support, all but inviting Republican retaliation.

Robert Barnes at the Washington Post: Just before Tuesday’s elections, a national gay-rights group sent its supporters in Maryland an e-mail listing an additional reason to go to the polls to approve same-sex marriage. “Justice Anthony Kennedy is watching you,” the subject line said.

The HIll: Democrats have had only a one-seat majority on those committees in the 112th Congress, where they have a 53-47 seat advantage.

Findlaw: A list of which law firms pay the highest starting salaries may seem strange in today’s economy.

Weekly Standard: Hillary Clinton still intends to step down as secretary of state. That will take place likely “days” after President Barack Obama’s second inauguration in January.

ABA Journal: The American Bar Association has chosen Matt Nosanchuk, associate general counsel at the U.S. Department of Homeland Security, as one of three lawyers to receive its inaugural Stonewall Award, recognizing LGBT advancement in the legal profession.

Wired.com: Supreme Court justices are to meet privately Friday to weigh whether they will hear a major genetic-privacy case testing whether authorities may take DNA samples from anybody arrested for a serious crime.

Billings Gazette: Republican Tim Fox said Wednesday that he will fight what he called the over-reach of federal government as Montana’s next attorney general after winning the post by a six-point margin over Democrat Pam Bucy.

The HIll: Democrats will be defending red-state Senate seats and facing a tough path to take back control of the House.

Blog of the Legal Times: Two days after President Barack Obama won re-election, Attorney General Eric Holder Jr. said in remarks today in Baltimore he will assess whether he wants to continue his service at the helm of the U.S. Justice Department.

Ilya Somin at the Volokh Conspiracy: As co-blogger David Bernstein notes, the two of us conducted anonymous online presidential polls of our Constitutional Law I classes. Here are my results, for a poll conducted over the weekend just before election …

AZ Central: Judges are rarely voted off the bench in Maricopa County or in the Arizona appellate courts. And despite a campaign by “tea party” and other conservative groups to unseat certain judges in retention elections because of perceived political or judicial leanings, no judges were turned out this year, either.

Jess Bravin at WSJ: With the incoming leadership of the executive and legislative branches nearly a carbon copy of the current versions, Tuesday’s election could have the biggest effect on the sole unelected branch of government: the federal judiciary.

How Appealing links to a report and the opinion.

NewsOK.com: With President Barack Obama’s victory, the nominations of U.S. Magistrate Judge Robert E. Bacharach and Tulsa attorney John E. Dowdell should “fly through” the Senate, Sen. Tom Coburn said Wednesday.

Columbus Dispatch: Two sitting Ohio Supreme Court justices, one Republican and one Democrat, were unseated in yesterday’s election, marking the first time in recent history that two incumbents were removed from the state’s top court.

Forbes: The decades-long campaign by conservatives to build a lasting majority on the U.S. Supreme Court may come to an end over the next four years, now that President Obama has apparently been reelected to the White House.

Seattle Times: Attorney Sheryl Gordon McCloud wins a six-year term on the state Supreme Court, turning back former Justice Richard Sanders, with King County heavily in her favor.

San Francisco Chronicle: Voters were deciding Tuesday whether to keep Justice David Wiggins on the Iowa Supreme Court or throw him out of office for joining the landmark 2009 decision that legalized gay marriage.

Washington Post: In Iowa, the front of the ballot usually contains all of the high profile races for president, Congress, the state house or local offices, like county sheriff. Turn that ballot over, and there’s this question: “Shall the following judges of the Supreme Court be retained in office?” It’s followed by the names of four sitting justices. One of those, Justice David S. Wiggins . . .

Montgomery Advertiser: Earlier this year, almost no one would have expected the race for chief justice of the Alabama Supreme Court to be between Roy Moore, a man who was removed from that position almost a decade ago, and Robert Vance Jr., the well-funded son of a federal judge who was assassinated.

Indiana Public Media: “In 2011, Justice Steven David ruled that Hoosiers have no right to reasonably resist unlawful entry by police officers into their homes,” a radio ad sponsored by the Indianapolis Tea Party says.

National Review: It’s certainly not a sure thing, but the fate of one David Wiggins could play a key role in determining, on November 6, who becomes the leader of the free world.

Kokomoperspective.com: Marion County voters have less influence than they may think about which judges are chosen for the Marion Superior Court. Today the ACLU of Indiana, on behalf of Common Cause Indiana, filed a lawsuit challenging state law governing that process to ensure voters of every political stripe can cast meaningful votes for all judgeships to be filled in Marion County.

Appellate Daily: Paul Cassell, a former federal judge, represents child pornography victims in a series of federal appellate cases. In October alone, Cassell notched a win and a loss in two circuit courts and argued in another. The case he won created a circuit split about restitution for victims, which the U.S. Supreme Court will almost certainly be asked to review.

Blog of the Legal Times: No, New York Chief Judge Jonathan Lippman didn’t take a poll or worry about the reaction when he announced a plan in May to require 50 hours of pro bono service for admission to the New York bar. At a moment of crisis for access to justice, Lippman told a gathering of D.C. lawyers today, the judiciary and the legal profession “must be bold and proactive.”

Politico: Iowa has joined Texas in warning international election observers of possible criminal prosecution if they violate state laws and get near polling places on Election Day.

Detroit Free Press: The FBI is investigating Michigan Supreme Court Justice Diane Hathaway over a questionable real estate deal involving a $1.5-million waterfront home in Grosse Pointe Park, according to a source familiar with the probe who spoke on condition of anonymity.

Erwin Chemerinsky at LA Times: If Romney wins, we can expect a frighteningly conservative high court. A victory for Obama could mean a liberal majority for the first time since 1969.

Washington Post: Justices Barbara J. Pariente, R. Fred Lewis and Peggy A. Quince have faced voters twice before and easily retained their jobs. But this year they have hired consultants with the $1.3 million raised on their behalf, filmed commercials and hit the road for appearances.

Wall Street Journal (via Google): The court is a particular union target this year because of Proposal 2, which would apply retroactively. If it passes, unions plan to challenge as illegal as many as 170 current state laws, sending an unprecedented wave of litigation to the state Supreme Court. Big Labor wants its judges making the calls

ABA Journal: Stevens is proposing an amendment to the supremacy clause to make clear that the federal government can use state officials to carry out national policies, the Wall Street Journal Law Blog reports.

AZ Central (includes video): An Arizona Supreme Court justice has taken the highly unusual step of forming a campaign committee to fight a Republican and “tea party” effort to vote him off the bench. Fliers and Web postings advocate a “no” vote on retention of Justice John Pelander because he joined in a Supreme Court decision allowing an initiative that would scrap the two-party primary system to appear on next month’s ballot.

Houston Chronicle: Three of the nine court seats are on the ballot, but just one Republican faces a Democratic opponent. Justice Nathan Hecht is being challenged by San Antonio lawyer Michele Petty, a Democrat, along with candidates running under the Libertarian and Green banners.

STLToday: The Missouri Plan has faced mounting criticism in recent years, primarily from conservatives who claim it gives too much power to trial lawyers. They prefer judicial elections or systems modeled after the federal government that rely on gubernatorial appointees confirmed by state lawmakers.

NPR (includes audio): The first of The Federalist Papers were published 225 years ago this weekend. Weekend Edition host Rachel Martin talks with Pulitzer Prize-winning author and historian Jon Meacham about their importance and relevance today.

Religion Clause Blog: The Springfield, Illinois State Journal-Register reported yesterday that Illinois Family Action, the political arm of the Christian-based Illinois Family Institute, has made robo-calls to 25,000 households urging voters to vote against a Republican trial court judge because he ruled that the state is not required to renew contracts with Catholic Charities to provide foster care and adoption services.

SCOTUS Blog: It has been just a little over two weeks since the Justices last heard oral arguments, but don’t mistake their absence for inactivity. Among the many things that occupy their attention when they are not hearing oral arguments are emergency applications – particularly applications to stay the ruling of a lower court or to stay an imminent execution.

SCOTUS Blog reports.

AP: Supreme Court In Session With Rest Of Town Shut

Verde News: A loosely organized effort to oust a state Supreme Court justice is forcing him to consider an unprecedented campaign to keep his post. Justice John Pelander said he is upset by “hit pieces’ being put out by groups urging that he not be retained on the bench this year.

AZCapitolTimes.com: Known for its political savvy and dogged discipline, the Center for Arizona Policy, an influential Evangelical Christian lobby, is flexing its muscles in this year’s elections. It is actively supporting a ballot referral to change the way judges are selected, arguing the courts often have the final say on important policies that deal with marriage, family and religious liberties.

Church Report: A jury found Wednesday that a conservative scholar who claims she was passed over for jobs at the University of Iowa law school because of liberal bias didn’t have her 1st Amendment rights violated.

National Law Journal: The University of St. Thomas School of Law has named Robert Vischer as its new dean, effective on January 1. Vischer, now associate dean for academic affairs, has taught at the Roman Catholic-affiliated law school since 2005. He replaces Thomas Mengler, who stepped down in May to assume the deanship at St. Mary’sUniversity School of Law. Professor Neil Hamilton has been serving as interim dean.

Billings Gazette: What do Elvis and U.S. Supreme Court Justice Antonin Scalia have in common? The chance of getting them to come to Wyoming is slim to none, said Caitlin Wallace, a third-year University of Wyoming law student and a member of the Federalist Society. Pictures of the king of rock ‘n’ roll and the king of the U.S. Constitution hang next to each other at the society’s office in Washington, D.C.

CNSNews: The head of an international body that will monitor the U.S. elections next month protested to Secretary of State Hillary Clinton Wednesday after Texas’ attorney-general warned that any international observer who approaches a polling station in the state risks criminal prosecution.

USA Today: Do you want judges to answer to the law, or to campaign contributors and ideological groups?

USA Today: Americans for Prosperity agrees that it is critical that the judicial branch of government be independent, neutral and unbiased. The courts play a crucial role in maintaining the system of checks and balances our Founding Fathers so brilliantly created. But what happens when the courts lose their neutrality and overstep their role?

AP: Prosecutors had argued that Anthony Ray Jenkins and his cousin David Jason Jenkins attacked 29-year-old Kevin Pennington at a rural state park because of Pennington’s sexual orientation, violating a hate crime law that was expanded in 2009 to cover assaults motivated by bias against gays, lesbians and transgender people.

C-Span has coverage of the event.

AP: The latest issue appeared relatively minor – Ahmadinejad’s intention to visit a prison north of Tehran. The head of the judiciary branch, Ayatollah Sadeq Larijani, said permission from his office was needed to visit Evin prison, and Ahmadinejad angrily rejected that.

AP: Jurors are deliberating for a third day as they consider whether a conservative woman rejected for jobs at the University of Iowa law school is the victim of political discrimination.

LifeNews: Now, Bazelon has written a follow up article, in which she reports Ginsburg “made it clear today that the issue she had in mind when we spoke in 2009 was concern about population growth among all classes (and races).”

Richard Hasen at SCOTUS Blog: I leave to others the question whether the Roberts Court empirically engages in more (stealth) overruling than earlier groups of Supreme Court Justices did and, even if it does so, whether a higher overruling rate is grounds for condemnation. Instead, the more modest aim of my Essay in the Emory Law Journal is to catalog additional tools that Supreme Court Justices can use beyond
express and stealth overruling to move the law. I also explain why Justices might choose to use one, rather than another, of these tools to move the law.

AP: With four justices in their seventies, odds are good that whoever is elected president in November will have a chance to fill at least one Supreme Court seat.

San Francisco Chronicle: Back-and-forth court decisions striking and reinstating Montana laws that regulate campaign contributions have set this election cycle roiling, resulting in candidates showered by unexpected cash and a flurry of legal challenges ahead of Election Day.

The writers and researchers of Judgepedia.org have dedicated the most recent edition of the weekly JP Election Brief to coverage of the 31 state Supreme Court races that will be decided in November. States included in the report are Alabama, Illinois, Kentucky, Louisiana, Michigan, Minnesota,Mississippi, Montana, Nevada, New Mexico, North Carolina, Ohio, Texas,Washington and West Virginia. Also covered are the judicial retention elections in Florida and Iowa – two races that, despite being retention elections, are of particular import.

AP: An Iowa court official is accused of helping a same-sex couple from Florida to get a marriage certificate without stepping foot in the state.

Kenneth Anderson at the Volokh Conspiracy: One of the more practical debates over the law school business model asks about the third year of law school. Is it actually necessary – and even if, in principle, it might be a good idea, is it at the prices law schools now charge? If it is kept – which seems pretty likely for most schools, given the existing business model – how can it be changed to make it more useful to students?

AP: Tough new election laws aimed at forcing voters in many states to show photo identification at polling places have been blocked or delayed, delighting opponents who claim they were among a variety of partisan attempts to keep minorities from voting.

Ilya Somin at the Volokh Conspiracy: After the first presidential debate and again after the debate between the VP candidates, I lamented the fact that the candidates and moderators had almost completely ignored judicial nominations.

LifeSiteNews: Being pro-life and supporting traditional marriage could cost you a tenured position at a public law school, according to a lawsuit filed in Iowa. Teresa Wagner has sued the University of Iowa, saying the law school has denied her two positions over the last five years because of her work in the National Right to Life Committee and the Family Research Center. The trial got underway in Davenport today.

Wall Street Journal: A federal appeals court upheld sanctions against a veteran Florida bankruptcy lawyer who called a judge’s findings “half-baked,” and then sent a bottle of wine to his chambers with a handwritten note. The case raised an interesting question, at least in theory: What First Amendment rights do lawyers have to get sharp with judges?

Star Tribune (AP): New Supreme Court Justice Wilhelmina Wright was set Tuesday to take her oath and a spot on the seven-member panel. Wright is blazing a path as the first black woman to serve on the court.

East Valley Tribune: The governor chose Court of Appeals Judge Ann Scott Timmer over Maricopa County Superior Court Judge Douglas Rayes, also a Republican, and Democrat Diane Johnsen.

NewsObserver: Both men have to spend a lot of time driving these days because, as candidates for judicial office, it’s hard getting anyone to pay attention. A large number of voters simply skip the judges section of the ballot each year.

KAALTV.com: On election day, Iowa Supreme Court Justice, David Wiggins future on the bench will be decided by Iowa voters. It’s known as retention and it’s leaving many voters with questions. Sunday, Wiggins spoke with a small crowd in Mason City.

Tampa Bay Times: Another Florida Supreme Court justice targeted by the Republican Party in this year’s merit retention election pleaded with Tampa attorneys Friday to help keep partisan politics out of the judiciary.