Tuesday in The Washington Post, meanwhile, Charles Lane will have a front page article headlined "Alito Leans Right Where O'Connor Swung Left." And in related coverage, "Alito Nomination Sets Stage for Ideological Battle; Bush's Court Pick Is Appeals Judge With Record of Conservative Rulings"; "As Democrats Lead Opposition, GOP Moderates May Control Vote"; and "With a Pick From the Right, Bush Looks to Rally GOP in Tough Times."
Posted at 11:45 PM by Howard Bashman


"Justices to Decide When Victims' Transcripts Can Be Used": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:33 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered," in addition to the segments I earlier noted here, also contained segments entitled "Republicans Praise Alito's Conservative Credentials"; "'Casey' Sheds Light on Alito's Stance on Abortion"; "Republican Sen. Hatch on Alito"; and "Democrat Sen. Kennedy on Alito."
Posted at 10:45 PM by Howard Bashman


"Assessing the Alito nomination": This debate (transcript with link to audio) between two law professors appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:40 PM by Howard Bashman


"A Scalia by any other name: Conservatives have their man in Samuel Alito; Liberals have their worst fears realized; The battle over the Supreme Court nominee is about to get ugly." Michael Scherer has this essay at Salon.com.
Posted at 10:38 PM by Howard Bashman


"Alito's rise took no one who knows him by surprise": This article will appear Tuesday in The Philadelphia Inquirer.

The Daily Princetonian provides a news update headlined "Alito '72 nominated for Supreme Court seat; Classmates describe judge as intelligent, reserved with dry sense of humor."

The Chicago Tribune on Tuesday will report that "Alito has a record of steady conservatism, reputation for civility."

The Dallas Morning News on Tuesday will report that "Alito's rulings show a consistently conservative point of view."

Tuesday's edition of The Milwaukee Journal Sentinel will report that "Battle lines are drawn on Alito nomination."

Tuesday's edition of The Hill will contain articles headlined "Dems hint at filibuster" and "Schedule may affect key cases."

And The Telegraph (UK) reports that "Bush second choice Alito delights Right-wing Republicans."
Posted at 10:24 PM by Howard Bashman


"Many of Alito's rulings have been at odds with Supreme Court": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 10:12 PM by Howard Bashman


"Specter goes to bat for high court nominee; Judiciary Committee chairman sends strong signals that he'll help Alito": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 10:08 PM by Howard Bashman


Available online from law.com: T.R. Goldman of Legal Times reports that "Judicial Experience, Conservative Credentials Seen as Factors in Alito Nomination."

Shannon P. Duffy of The Legal Intelligencer has an article headlined "Conservative, but No 'Scalito'; 3rd Circuit lawyers like home court nominee" in which I am quoted. The article also reports on an interview with former Third Circuit Judge Timothy K. Lewis, who is nearly on the opposite end of the ideological spectrum from Judge Alito but nonetheless strongly supports the nomination.

Gina Passarella of The Legal Intelligencer reports that "No Easy Path to Confirmation Seen for Alito; Pa. lawyers like nominee, but politics will force a major battle."

Tony Mauro has a lengthy and perhaps controversial article headlined "The Secrets of Jay Sekulow."

And in other news, "Court Finds 'Gripe Site' Is Protected Free Speech, Not Defamation."
Posted at 10:05 PM by Howard Bashman


"One liberal's positive view of Alito": At the blog "Blue Mass. Group," you can access here David Kravitz's recitation of his discussion today with Katherine (Kate) Pringle, a former law clerk to Third Circuit Judge Samuel A. Alito, Jr. Much of what Kate says is precisely what I have been saying to members of the press today.
Posted at 09:55 PM by Howard Bashman


"Judge Alito and Forced Abortions": Law Professor Roger P. Alford has this post online at "Opinio Juris."
Posted at 09:00 PM by Howard Bashman


"Jamie Olis appeals from a judgment of conviction for which he was sentenced to 292 months in prison for securities fraud, mail and wire fraud, and conspiracy." So begins today's ruling of the U.S. Court of Appeals for the Fifth Circuit in United States v. Olis. The opinion goes on to explain that "The charges arose from Olis's work as a tax lawyer and accountant at Dynegy Corporation ('Dynegy') on a transaction called 'Project Alpha.'"

Today the Fifth Circuit, in an opinion by Circuit Judge Edith H. Jones, ordered that Olis "must be resentenced in accordance with Booker's overall standard of reasonableness after the court 'considers' the guidelines including a recalculation of the amount of loss for which Olis should be held responsible."

Coincidentally, Law Professor Douglas A. Berman of the "Sentencing Law and Policy" blog and I were discussing this very case on Saturday while we were in Monterey, California.
Posted at 08:50 PM by Howard Bashman


"Opponents of Alito focus on abortion and religion": Patti Waldmeir will have this article Tuesday in Financial Times. The newspaper will also contain articles headlined "Conservative judge nominated to Supreme Court" and "Bush's Supreme Court choice sets scene for fight."

The St. Petersburg Times provides a news update headlined "Alito called a 'fair-minded judge'; Conservatives are warming up to Sam Alito, the president's new Supreme Court nominee."

The Chicago Tribune on Tuesday will report that "Alito nomination divides Congress."

The St. Louis Post-Dispatch on Tuesday will report that "Battle lines over Alito quickly and clearly drawn on Capitol Hill."

The Hill on Tuesday will report that "GOP candidates rally to Alito; Dems wait and see."

The Denver Post provides a news update headlined "Alito polarizes abortion partisans."

Tuesday's edition of The Independent (UK) reports that "Right-wingers welcome Bush's substitute judge."

The Times of London on Tuesday contains articles headlined "Bush sets stage for battle over his conservative court nominee" and "President makes the Right choice after all."

FOXNews.com reports that "Alito Nomination May Bring Long-Anticipated Judiciary Fight."

The Washington Post provides access to an item headlined "Transcript: Sen. Specter Discusses Alito Nomination."

Newsweek has posted online an item headlined "'A Pattern of Conservatism'; How Samuel Alito could tilt the balance in the Supreme Court."

And KELOLAND TV of Sioux Falls, South Dakota reports that "Appeals Judge Reacts To Alito Nomination."
Posted at 08:00 PM by Howard Bashman


"Supreme Court Nominee's Mother 'Proud'; Teachers, Friends Say Alito Is Very Smart": NBC10.com provides this report.

And in earlier coverage, The Associated Press reported that "Alito's mom overwhelmed by well-wishers, media."
Posted at 07:55 PM by Howard Bashman


"The Lesson Of Miers: Excellence Should Be Paramount." Stuart Taylor Jr. has this essay today in National Journal.
Posted at 07:40 PM by Howard Bashman


"A Fight the White House Believes It Can Win": The New York Times provides this news analysis update.
Posted at 07:35 PM by Howard Bashman


Eleventh Circuit grants rehearing en banc of three-judge panel decision granting new trial to convicted Cuban spies on account of pervasive community prejudice against Fidel Castro and the Cuban government: The original unanimous three-judge panel's ruling can be accessed here. Today's order granting rehearing en banc can be viewed at this link.
Posted at 06:50 PM by Howard Bashman


Knight Ridder Newspapers are reporting: Now available online are articles headlined "Bush nominates Samuel Alito for Supreme Court" and "Bush's pick will likely galvanize conservative and liberal bases."
Posted at 06:44 PM by Howard Bashman


"Major test for student newspapers": Lyle Denniston has this post online at "SCOTUSblog."
Posted at 06:40 PM by Howard Bashman


"Sens. Bill Frist (R-TN) & Mitch McConnell (R-KY) Meet with Supreme Ct. Nominee Samuel Alito ": Thanks to C-SPAN, you can view the video online by clicking here (RealPlayer required).
Posted at 06:25 PM by Howard Bashman


"Alito Nomination Ignites Costly Battle": The Los Angeles Times provides this news update.
Posted at 06:22 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contains segments entitled "Bush Chooses Federal Judge Alito for High Court" (featuring Nina Totenberg); "Alito Nomination Revives Filibuster Debate"; "What the U.S. Public Wants in a High Court Judge"; and "Two Takes on the Alito Nomination: Right and Left." RealPlayer is required to launch these audio segments. This evening's broadcast contained even more Alito-related segments, but the audio for those additional segments is not yet available online.
Posted at 05:25 PM by Howard Bashman


"Founders Designed Separation of Church and State to Protect Religion, McConnell Says": The web site of the University of Virginia School of Law provides a report that begins, "The nation's founders included the disestablishment clause of the First Amendment to protect and promote the church's inculcation of public virtue, rather than to protect the federal government from the influence of religion, said Judge Michael W. McConnell at the Oct. 27 Meador Lecture on Law and Religion."
Posted at 05:20 PM by Howard Bashman


"Bush Nominates Alito to Supreme Court": T.R. Goldman of Legal Times provides this news update.
Posted at 05:15 PM by Howard Bashman


"Newsview: Nominee May Spur Senate Battle." The Associated Press provides this report.
Posted at 05:02 PM by Howard Bashman


"Judge Alito: fairly strong on free expression." Ronald K.L. Collins and David L. Hudson Jr. of the First Amendment Center provide this analysis.
Posted at 04:33 PM by Howard Bashman


"Alito's Dissent in Casey": This post appears online at "Patterico's Pontifications."
Posted at 04:22 PM by Howard Bashman


Listen here: Today's broadcast of NPR's "Day to Day" contained segments entitled "Slate's Jurisprudence: Bush Tries Again with 'Scalito'" (featuring Dahlia Lithwick); "Judge Alito's U.S. Senate Charm Campaign"; and "A Law Clerk's View of Judge Samuel Alito."

Today's broadcast of the public radio program "Here & Now" contained a segment entitled "Samuel Alito's Nomination."

RealPlayer is required to launch the above audio segments.

And today's broadcast of the public radio program "On Point" contained a segment entitled "Justice Samuel Alito?" (available in both RealPlayer and Windows Media formats) featuring a stellar cast of guests.
Posted at 04:15 PM by Howard Bashman


Note the use of the past-tense: Jesse J. Holland of The Associated Press reports that "Alito Had Peaceful Confirmation Hearing."

And in related coverage from The AP, "Alito: Conservative, Not Always Predictable."
Posted at 04:05 PM by Howard Bashman


I'm quoted: An article in tomorrow's edition of The Christian Science Monitor headlined "Battle for the court begins; With conservative bona fides, Samuel Alito faces stiff Senate opposition to his nomination" quotes me as follows:

Howard Bashman, an appellate lawyer in Philadelphia and founder of the popular blog How Appealing, describes Alito as charming and even shy as an individual. But he can be tough. "He can give any lawyer a hard time by asking difficult questions, but not by being difficult or confrontational," Mr. Bashman says. While Alito's rulings tend to be conservative in criminal law cases, his decisions in civil cases are difficult to predict and are not necessarily those of a doctrinaire conservative, he adds.

Emily Bazelon has a jurisprudence essay entitled "Alito v. O'Connor: How the nominee tried to restrict Roe."

John Dickerson has an essay entitled "Ready To Rumble: The Supreme Court battle we've all been waiting for."

And Bruce Reed of "The Has-Been" has a post titled "Benched: Why President Bush stopped pretending to be against judicial activism."
Posted at 04:00 PM by Howard Bashman


A patent law battle over castration tools: Today the U.S. Court of Appeals for the Federal Circuit issued an opinion that begins, "Callicrate is the owner of several patents on methods and apparatuses for castrating large animals."
Posted at 03:33 PM by Howard Bashman


"A Look at Alito's Legal Career": The New York Times provides this news update.
Posted at 03:22 PM by Howard Bashman


"Bush To Dems: Boo!" CBS News legal analyst Andrew Cohen has this essay today.
Posted at 03:18 PM by Howard Bashman


Available online from The Christian Science Monitor: In today's newspaper, Warren Richey has an article headlined "On docket: religious freedom vs. drug laws; The Supreme Court takes up a case involving a New Mexico sect that could be important for other minority religions."

And tomorrow's newspaper will contain articles headlined "Battle for the court begins; With conservative bona fides, Samuel Alito faces stiff Senate opposition to his nomination" and "A reserved voice of the right."
Posted at 03:15 PM by Howard Bashman


"Alito Has Diverse, Extensive Legal Resume": The Associated Press provides this report.
Posted at 03:11 PM by Howard Bashman


"Bush's latest Supreme Court nominee": This segment (RealPlayer required) featuring Law Professors David Stras and Thomas C. Berg appeared on today's broadcast of Minnesota Public Radio's "Midmorning."

I may be on tomorrow's broadcast of WHYY Radio's "Radio Times with Marty Moss-Coane" talking about the nomination.
Posted at 12:44 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Court Nominee Alito Holdings Top $615,000" and "Alito Pushed Organized Crime, Drug Cases."
Posted at 12:42 PM by Howard Bashman


"Blawg Review #30": Online here, at "Bag and Baggage."
Posted at 12:40 PM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled:

• "White House to Name New Court Nominee";
• "Samuel Alito Nominated to Supreme Court";
• "Lawyer Describes Alito's Background, Personality";
• "Bush Introduces Alito in Press Conference";
• "Political Repercussions of the Alito Nomination";
• "Capitol Hill Reaction to the Alito Nomination";
• "Looking Ahead to a Possible Senate Fight over Alito";
• "A Conservative Perspective on the Alito Nomination"; and
• "A Liberal Perspective on the Alito Nomination."

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


Cheney v. Libby: A reader has drawn to my attention this interestingly-named case that the U.S. Supreme Court decided back in 1890.
Posted at 11:28 AM by Howard Bashman


Today's two U.S. Supreme Court summary reversals: The Court today issued unanimous, summary, per curiam reversals in Eberhart v. United States, No. 04-9949, and Kane v. Garcia Espitia, No. 04-1538.
Posted at 11:22 AM by Howard Bashman


"Alito Got Boost From Bradley, Lautenberg in 1987": Robert B. Bluey provides this report at Human Events Online.
Posted at 11:18 AM by Howard Bashman


"Alito's conservatism gives Senate clear choice; Nominee differed with O'Connor on allowing states to restrict abortion": Tom Curry, national affairs writer for MSNBC, provides this report.

Mark Silva and Jan Crawford Greenburg of The Chicago Tribune provide a news update headlined "Bush makes a choice to cheer conservatives."

And Gannett News Service reports that "Partisan divide already forming over Alito nomination."
Posted at 11:10 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


"Alito Has Endorsed Abortion Restrictions": Gina Holland of The Associated Press provides this report.
Posted at 10:05 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 09:30 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 09:25 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 09:20 AM by Howard Bashman


"Bush Nominates Judge Alito to Fill Court Vacancy": The Los Angeles Times provides this news update.
Posted at 09:18 AM by Howard Bashman


"President names Alito": Lyle Denniston of "SCOTUSblog" provides this report.
Posted at 08:54 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 08:52 AM by Howard Bashman


"Nomination Likely to Please G.O.P., but Not Some Democrats": The New York Times provides this news update.
Posted at 08:50 AM by Howard Bashman


"Bush Picks Alito for Supreme Court": The AP provides this report.
Posted at 08:12 AM by Howard Bashman


"Conservative Alito Serves on Liberal Court": The Associated Press provides this report.
Posted at 07:11 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 06:52 AM by Howard Bashman


BREAKING NEWS -- "President Bush to nominate 3rd Circuit Appeals Court Judge Samuel Alito to replace retiring Supreme Court Justice Sandra Day O'Connor, sources tell CNN": CNN.com provides this report.

And The Associated Press reports that "Bush to Nominate Alito to Supreme Court."

The official announcement is expected to occur at 8 a.m. today.

Congratulations to my friend Third Circuit Judge Samuel A. Alito, Jr. on this excellent news!
Posted at 06:33 AM by Howard Bashman


"Parties Set Stage for Showdown on Court Choice": This article appears today in The New York Times.

And The Washington Post today contains a front page article headlined "President To Name Nominee For Court; Allies on Right Are Consulted on Conservative Judges."
Posted at 12:15 AM by Howard Bashman