Wednesday's edition of The New York Times, meanwhile, will report that "G.O.P. Reaches to Other Party on Court Pick." Adam Liptak will have an article headlined "In Abortion Rulings, Idea of Marriage Is Pivotal." And tomorrow's newspaper will also contain articles headlined "After Miers Failure, White House Begins Aggressive Effort to Sell New Court Choice" and "A Prosecutor Known for His Common Sense and Straightforward Style."
Posted at 11:45 PM by Howard Bashman


"Pro-life student expelled by Catholic school": MichNews.com provides this report on the latest from Sacramento, California. My earlier links to coverage of this matter can be found here and here.
Posted at 11:15 PM by Howard Bashman


"Long Judicial Record Leaves Little Doubt Where Alito Stands; There's plenty to know about his ideology in 15 years of opinions": law.com provides this report.
Posted at 10:54 PM by Howard Bashman


"The law according to Scalia": Columnist Paul Campos has this op-ed today in The Rocky Mountain News.
Posted at 10:30 PM by Howard Bashman


"Bush nominee knows judge's role is limited; Samuel Alito has a profound knowledge of the Constitution and decides issues on the laws as enacted": Law Professor Douglas W. Kmiec has this op-ed today in Newsday.
Posted at 10:24 PM by Howard Bashman


"Kline looks to death penalty ruling": This article appears today in The Topeka Capital-Journal.
Posted at 10:02 PM by Howard Bashman


"Democrats Push to Delay Alito Hearings": The Associated Press provides this report.
Posted at 09:54 PM by Howard Bashman


"Van Antwerpen hails Alito's selection; Local judge says 3rd Circuit colleague has been 'very easy to work with'": This article appears today in The Express-Times of Easton, Pennsylvania. And the newspaper also contains an article headlined "Alito's battle likened to Bork; Corzine, others are 'deeply concerned.'"
Posted at 08:54 PM by Howard Bashman


"Alito's Experience a Plus With Public; Americans less concerned about ideology or gender of nominee": Gallup News Service provides this report.
Posted at 08:45 PM by Howard Bashman


How it's playing in Peoria: The Peoria Journal Star today contains an article headlined "Peoria attorney: Alito kept eye on the ball."
Posted at 07:55 PM by Howard Bashman


"Professor, a Former Marshall Clerk, on Alito": This segment (RealPlayer required) featuring Law Professor Cass R. Sunstein appeared on today's broadcast of "Fresh Air from WHYY."
Posted at 07:40 PM by Howard Bashman


"Alito's record gives encouragement to US business": Patti Waldmeir will have this article Wednesday in Financial Times.

The Associated Press reports that "Neighbors and acquaintances recall Alito as friendly, down-to-earth."

Bloomberg News reports that "Democrats Signal Hesitance to Use Filibuster Against Alito" and "Alito Is Described by Friends as Studious, Diligent and Modest."

The Scripps Howard News Service reports that "Dems mull options over Alito nomination."

Native American Times reports that "Indian legal eagle weighs in on Alito; Sole case is encouraging."

And Voice of America News reports that "Abortion Among Issues Facing US Supreme Court Nominee."
Posted at 07:25 PM by Howard Bashman


Available online at Slate: Timothy Noah has a chatterbox essay entitled "Gap in Alito Paper Trail! Plus, the only even vaguely colorful Alito anecdote."

Law Professor Richard Schragger has an jurisprudence essay entitled "Rock and Roe: Alito's unequivocal abortion decisions."

And Robert Gordon has a jurisprudence essay entitled "Alito or Scalito? If you're a liberal, you'd prefer Scalia."
Posted at 07:15 PM by Howard Bashman


"NAACP Leader Voices Concerns About Alito": The Associated Press provides this report.
Posted at 07:02 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senators Mull Prospect of Alito Filibuster" and "Alito Fundraising Machinery Gears Up" (RealPlayer required).
Posted at 07:00 PM by Howard Bashman


Minds think alike department: At "The Volokh Conspiracy," Orin Kerr has a post titled "Judge Alito and the Pauline Thomas Case" that begins, "Does Sam Alito care more for the needy than Justice Ginsburg? Is he more sympathetic to the little guy than Justice Stevens? Yes, he certainly is."

Discussing the very same matter back in December 2003, I wrote: "In the past, Judge Alito has been rumored as a possible U.S. Supreme Court nominee, but some have accused him of being a clone of Justice Scalia. Wednesday's ruling demonstrates that this is simply not true, and that in fact Judge Alito cares much more for the 'little guy' than do any of the nine Justices currently serving on the Court."

Judge Alito's opinion is here, and the opinion by Justice Scalia reversing it is here.
Posted at 06:10 PM by Howard Bashman


"Alito Seen As Inclined to Back Government": The Associated Press provides this report.
Posted at 05:44 PM by Howard Bashman


"On abortion, a nuanced stand; In 3 of 4 cases, Supreme Court nominee Alito voted on the side of abortion rights": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 05:18 PM by Howard Bashman


The Associated Press is reporting: Gina Holland provides reports headlined "High Court Hears Hallucinogenic Tea Case" and "Supreme Court Weighs Jailhouse Questioning."

Meanwhile, in other news, "Alito Memo Reads Like a Who's Who in D.C."
Posted at 05:15 PM by Howard Bashman


"Media coverage of reversal of Olis sentence": The blog "Sentencing Law and Policy" offers this useful round-up. My earlier coverage is here.
Posted at 05:08 PM by Howard Bashman


The Washington Post today hosted an online chat with Joan Biskupic, U.S. Supreme Court reporter for USA Today and author of "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice." You can access a transcript of the online chat by clicking here.
Posted at 04:54 PM by Howard Bashman


"Do not simplify Alito's record on abortion": Pulitzer Prize-winning historian David Garrow will have this op-ed in Wednesday's edition of Financial Times. The op-ed begins, "Samuel Alito, President George W. Bush's new nominee for the US Supreme Court, possesses a far more nuanced record on the hot-button topic of abortion than either Democratic opponents or Judge Alito's conservative backers want to admit."
Posted at 04:50 PM by Howard Bashman


"Judge Alito: Some Raves From His Clerks." The blog "Underneath Their Robes" offers this post.
Posted at 04:00 PM by Howard Bashman


"Slate's Jurisprudence: Alito's Hot-Button Issues." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:54 PM by Howard Bashman


"Kyl demands apology from 'Time' for saying he derailed Miers pick": This article appears today in The Arizona Republic. The article refers to a Notebook item that appears in the November 7, 2005 issue of Time magazine under the headline "Kyl-ling Her Softly."
Posted at 03:45 PM by Howard Bashman


The wire services are reporting: Reuters provides a report headlined "Bush court pick may avoid all-out battle: lawmaker."

And The Associated Press reports that "Alito Warned Against Reading Into Opinions."
Posted at 03:44 PM by Howard Bashman


"Supreme Court considers hallucinogenic tea": James Vicini of Reuters provides this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Herbal tea case: a government loss?"
Posted at 03:40 PM by Howard Bashman


"Voting Pattern: Alito's deference to established institutions." The New Republic has just posted online this essay (pass-through link) by Law Professor Cass R. Sunstein. The essay begins, "A reading of the opinions of Samuel Alito reveals that he is an unexpectedly interesting judge, with a conservative record that shows a very different tone from that of Justice Scalia or Justice Thomas. He does not press ambitious claims, and each of his opinions is firmly anchored in the law."
Posted at 03:25 PM by Howard Bashman


"GOP Senator Discourages Alito Filibuster": Jesse J. Holland of The Associated Press provides a report that begins, "Supreme Court nominee Samuel Alito is 'clearly within the mainstream' and shouldn't be filibustered, declared a Republican who helped fashion a plan limiting parliamentary roadblocks for judicial nominees. Sen. Mike DeWine, who met with President Bush's latest high court choice Tuesday, warned Democrats he would side with GOP leaders to eliminate the judicial filibuster if the minority party uses it against the New Jersey judge."
Posted at 02:55 PM by Howard Bashman


"Court reinstates spy convictions": The Miami Herald today contains this article reporting on the Eleventh Circuit's order issued yesterday granting rehearing en banc in the case.

And The Associated Press reports that "Appeals court voids Cuban spy decision, will rehear case."

My coverage of yesterday's en banc order is here.
Posted at 02:54 PM by Howard Bashman


Access online the audio from my appearance this morning on WHYY's "Radio Times with Marty Moss-Coane": My interview appears fifteen minutes into the audio segment (available in both RealPlayer and mp3 formats). The guest preceding me was James Kuhnhenn of Knight Ridder Newspapers, and the guest following me was David Rudovsky, a civil rights and criminal defense attorney and senior fellow at the University of Pennsylvania Law School.
Posted at 02:40 PM by Howard Bashman


"Why Catholics? The political advantages of Catholic justices." William Saletan has this frame game essay online at Slate.
Posted at 02:33 PM by Howard Bashman


Available online from The New Republic: Professor Akiba Covitz has an essay entitled "Second Opinion: Alito is not a Scalia clone. The similarities are obvious; But the differences may be more important" (pass-through link).

Law Professor Mark V. Tushnet has an essay entitled "Power Struggle: Alito's take on executive power is unknown; That's a good thing" (pass-through link).

Marisa Katz has an essay entitled "Group Dynamics: One factor that could limit Alito's influence."

And David Kusnet has an essay entitled "Hint, Hint: The shrewd rhetoric of Alito and Bush."
Posted at 02:30 PM by Howard Bashman


Available from National Review Online: Edward Whelan has an essay entitled "Justice Precedent: Alito is more faithful than O'Connor." One of the most interesting aspects of the Third Circuit's ruling in Chittister v. Department of Community and Economic Development -- the decision that Whelan's essay discusses -- is that one of the Third Circuit's most liberal judges was on that three-judge panel, and he joined Judge Alito's opinion of the court in full (as did the third judge on that panel).

Also at NRO, Gerard V. Bradley has an essay entitled "Judging Law: Alito and abortion."
Posted at 02:14 PM by Howard Bashman


Divided three-judge Ninth Circuit panel affirms dismissal of lawsuit in which male employee claimed that female supervisor sexually harassed him: The case involves, wouldn't you know it, the television industry. You can access today's ruling at this link.
Posted at 02:10 PM by Howard Bashman


One more sign of a pro-marriage federal judiciary: This order entered today, and forwarded by a reader, is somewhat amusing.
Posted at 12:04 PM by Howard Bashman


Available online at C-SPAN: Today's broadcast of "Washington Journal" focused on yesterday's U.S. Supreme Court nomination. You can view segments featuring my friend Shannon P. Duffy of The Legal Intelligencer (click here); Kim Gandy, President, National Organization for Women (click here); and Tony Perkins, President, Family Research Council (click here).

And from yesterday, you can access press briefings given by U.S. Senators Arlen Specter (R-PA) (click here) and Charles E. Schumer (D-NY) (click here).
Posted at 11:58 AM by Howard Bashman


SCOTUS oral argument transcripts: As Marty Lederman noted the other day at "SCOTUSblog," now available online at the U.S. Supreme Court's web site are oral argument transcripts from the first two weeks of the current Term.
Posted at 11:50 AM by Howard Bashman


"Judge Alito and Internationalism": Law Professor Julian Ku has this post at "Opinio Juris."

And the blog "Baseball Crank" offers a post titled "Smearing Judge Alito" discussing the Vanguard recusal issue.
Posted at 11:45 AM by Howard Bashman


"Law alum may serve on court; Alito LAW '75 will replace Miers as Bush's U.S. Supreme Court nominee": This article appears today in The Yale Daily News.
Posted at 11:20 AM by Howard Bashman


"Conservative Group Praises Alito in TV Ad": The Associated Press provides this report.

The ad itself can be viewed online via this link (QuickTime and Windows Media), and you can also access a press release titled "Progress for America Announces TV Ad, Grassroots and Internet Campaign Supporting Judge Alito."
Posted at 11:10 AM by Howard Bashman


"Alito Nomination Polarizes Parties; Appellate Lawyers Describe Modest Jurist, Not Idealogue": Today in The Daily Journal of California, Lawrence Hurley has this article in which I am quoted.
Posted at 11:00 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Alito Could Move Court Dramatically to the Right" (featuring Nina Totenberg); "Supporters, Friends Talk Up Judge Alito"; "Conservatives Assuaged by Alito Nomination"; and "McCain Reserved on Prospect of Filibuster over Alito."
Posted at 10:54 AM by Howard Bashman


Scalia + Ito = "Scalito": RJ Matson has this editorial cartoon today in Roll Call.
Posted at 10:48 AM by Howard Bashman


In today's edition of The Wall Street Journal: Jeanne Cummings and Jess Bravin today have front page articles headlined "New Round: Choice of Alito for High Court Sets Stage for Ideological Battle; Jurist's Many Cases Provide Fodder for Senate Fight; Pivotal Role for 'Gang of 14'; Husband's Rights in Abortion" and "Nominee's Record Shows Backing Of Business Interests, Contracts" (pass-through links).
Posted at 10:45 AM by Howard Bashman


"Radio Times with Marty Moss-Coane": I'll be on the radio from 10:20 a.m. to 10:40 a.m. eastern time this morning talking about the Alito nomination (details here). You can listen live online via this link.
Posted at 10:10 AM by Howard Bashman


"Just Right": Today in The New York Sun, Law Professor Richard W. Garnett has an op-ed (pass-through link) that begins, "Judge Samuel A. Alito is one of the nation's outstanding jurists. He will be confirmed, notwithstanding the overheated complaints of his rapid-response critics, and he will be a first-rate justice of the Supreme Court."
Posted at 09:40 AM by Howard Bashman


Via Oyez, you can hear Samuel A. Alito, Jr. argue FCC v. League of Women Voters of California before the U.S. Supreme Court: Simply click here (RealPlayer required). Alito argued on behalf of the FCC, and his client lost by a vote of 5-4. The Supreme Court's opinion is available at this link.
Posted at 09:33 AM by Howard Bashman


"The Kansas Supreme Court Rights a Wrong, Ruling that the State Cannot Penalize a Teenager for Being Gay": FindLaw commentator Joanna Grossman has this essay today.
Posted at 09:28 AM by Howard Bashman


"Conservatives Enthusiastic About Alito": Jesse J. Holland of The Associated Press provides this report.
Posted at 09:25 AM by Howard Bashman


JudgeAlito.com: The organization Progress for America has launched this pro-confirmation web site.
Posted at 07:25 AM by Howard Bashman


"Record backs up Alito's bona fides as conservative; Abortion reputation based on '91 case": Joan Biskupic has this article today in USA Today. The newspaper also contains articles headlined "Senate battle brewing on Alito; Bush wins back conservative favor"; "College yearbook described goal of becoming justice; Friends, colleagues say Alito shy but ‘a brilliant appellate lawyer'"; "Nominee's assets total $615,000 to $1.6M"; and "Interest groups finally get fight they expected; Earlier picks caused a stir; now 'it's showdown time.'"

The New York Sun reports today that "Bush Ignites Political Fray By Tapping Alito For Court." And Josh Gerstein has an article headlined "Is He a Scalia?" in which I am quoted.

The Washington Post, in addition to containing the articles I earlier noted here, contains articles headlined "Comparisons to Scalia, But Also to Roberts"; "A Rapid Response on All Sides; Groups See Alito as the Fight They Have Long Anticipated"; "Judge Participated in 2002 Vanguard Case Despite Promise to Recuse"; and "A Very Tight Grip-and-Grin; Harry Reid and Samuel Alito Make Nice for 24 Minutes." The newspaper contains an editorial entitled "A New Nominee." Columnist George F. Will has an op-ed entitled "Let the Great Debate Begin." Columnist Ruth Marcus has an op-ed entitled "Diversity Gets Benched." And Law Professor Cass R. Sunstein has an op-ed entitled "On the Contrary."

The Los Angeles Times contains a profile headlined "A Phillies Fan With Blue-Chip Legal Stats." David G. Savage reports that "Judge's Supporters, Foes See Much in One Dissent." Henry Weinstein reports that "Alito's Judicial Record a Portrait of Conservatism and Consistency; His written rulings encompass reproductive rights and the role of religion in public life." In related coverage, "Conservatives Cheer Court Nominee; Bush's choice of appellate Judge Samuel Alito sets up a battle with Democrats who fear a rightward tilt on the Supreme Court"; "Seeking to Heal Breach With His Core Supporters; The president's pick, a political appeasement, also may sharpen the debate on abortion, civil rights and the high court's overall role"; "Filibuster Option Is in the Democrats' Arsenal; Senators say the 'Gang of 14,' a bipartisan group that helped avoid a showdown on judicial nominees in May, could decide Alito's fate"; and "Many on the Right Delighted With Pick." An editorial is entitled "The anti-Miers." And Glenn Sacks has an op-ed entitled "Alito and the rights of men."

The Newark (N.J.) Star-Ledger contains articles headlined "Bush picks Jerseyan for Supreme Court; Selection of Judge Samuel Alito cheers Republicans"; "The rise of a young man who took a shine to the law; Alito's upbringing helped set him on course for top court"; "Noteworthy opinions to fuel debate between left and right"; "Mom: 'I cannot be prouder of him'"; "Ever the gentleman, but usually at work"; "The senators' welcome mat from'90 is nowhere in sight"; and "Concern from Corzine, praise from Forrester; But pro-choice Republican is troubled by '91 abortion decision." The newspaper has also posted online its profile headlined "Supremely qualified: Jersey judge's resume could land him a job on the nation's highest court" originally published on May 23, 2005. And a Sam Alito photo gallery can be accessed here.

The Trenton Times reports that "Mom, neighbors all love Sam." And in related coverage, "Nominee evokes sense of deja vu."

The Philadelphia Inquirer contains profiles headlined "Cautious jurist: Trenton native's record indicates he's not an activist" and "His ascent is no surprise to those who know him." Political analyst Dick Polman reports that "Bush turns to his traditional base; The President, in political trouble, could not afford to alienate conservatives again." L. Stuart Ditzen reports that "Law professor saw a conflict in an Alito case; The nominee once participated in a case involving a firm that held his investments, records show." And in related coverage, "Specter, Alito discuss issues including privacy and Phillies; The senator learned that Bush had chosen a Phila. judge in an early call from Harriet Miers"; "Democrat Casey says he'll 'reserve judgment' on Alito"; and "Circuit court: Workhorse of the U.S. judiciary." The newspaper also contains an editorial entitled "New Supreme Court Nominee: The right stuff?"

In The Chicago Tribune, Jan Crawford Greenburg reports that "Bush bets on Alito; Republicans embrace veteran conservative judge; Democrats vow fight." And in related coverage, "Court nominee described as unflinching but fair"; "2 sides quickly line up for or against"; and "Looming fight may not be what Bush needs." The newspaper also contains an editorial entitled "Judging Samuel Alito."

Finally for now, The Wall Street Journal contains an editorial enttiled "A Fight Worth Having: Sam Alito is on everybody's list of the top appellate judges." And Law Professor Jonathan H. Adler has an op-ed entitled "A Brilliant Judicial Mind: Alito isn't 'pro-life' or 'pro-choice' but 'pro-law.'"
Posted at 06:30 AM by Howard Bashman