Posted by Karoun Demirjian at 3:43 CDT

Tackling their first case involving students' free speech in almost two decades, several Supreme Court Justices seemed concerned today by how far schools can go towards maintaining discipline without infringing on first amendment rights, as they tried to determine whether a teacher who suspended a student for carrying a banner that read “Bong Hits 4 Jesus” had gone too far.

The case involves a student in Juneau, Alaska, who was suspended for unfurling a fourteen-foot banner with the phrase “Bong Hits 4 Jesus” scrawled across it. “If the design had been ‘Bong Stinks for Jesus’, would the reaction have been the same?” asked Ginsburg.

Posted by Mark Silva at 11:55 a.m. CST

Harriet Miers, the president's general counsel, friend and onetime nominee for the US Supreme Court, turned in her resignation today.

President Bush, who had appointed Miers to a vacancy on the high court only to withdraw her in the face of growing criticism from senators who found her lacking, accepted the resignation of a longtime friend from Texas yesterday and it was announced publicly with a letter today.

Posted by Frank James at 9:18 am CST

A sampling of Washington's top Supreme Court reporters found them pretty much unanimous that the high court will strike down the use of race-conscious methods by education officials to maintain diversity in the nation's K-12 classrooms.

"By the time the Supreme Court finished hearing arguments on Monday on the student-assignment plans that two urban school systems use to maintain racial integration, the only question was how far the court would go in ruling such plans unconstitutional," wrote Linda Greenhouse of the New York Times.

Posted by Richard Clough at 6:46 am CST

The U.S. Supreme Court yesteday said it will hear Alaska’s “Bong Hits 4 Jesus” case, a dispute in which a high school principal suspended a student for displaying a controversial banner and I have a story about it in today's Chicago Tribune. The case drew national interest after former Whitewater prosecutor Kenneth Starr joined it in August.

Posted by Frank James at 11:50 am CDT

While President Bush has an approval rating from Americans somewhere around 40 percent, give or take, and Congress’s approval rating is south of 30 percent, the Supreme Court remains the government branch with the highest public favorability, with a 60 percent approval rating, according to a Gallup Poll released today.

That 60 percent is the highest rating for the nine justices since 2003, the Gallup survey indicated. The survey was timed for the start of the court's new term next week.

There's an irony in the approval numbers for the three branches. The two branches that do the most to cater to public opinion have lower ratings than the one branch that is generally impervious to such polls. Maybe there's a lesson in that somewhere.

Posted at 11:30 am CDT

From today's Chicago Tribune...

Michael Tackett
Tribune Washington Bureau Chief

Warren was the kind of "activist judge" that Republicans have so effectively demonized, at least since the Reagan era. From the moment he joined the court and fashioned a unanimous decision in Brown vs. Board of Education, the first of many historic civil rights rulings, Warren and his court often took steps that neither Congress nor the White House would.

Posted by Mark Silva at 3:39 pm CDT

President Bush, calling on Congress to quickly authorize trials of suspected terrorists with military tribunals, acknowledged for the first time today that the Central Intelligence Agency has subjected dozens to "tough'' interrogation at secret prisons abroad and the remaining 14 have been transferred to Guantanamo Bay to await trial.

The 14 accused terrorists recently moved from secret CIA facilities to the Navy's detention center at Guantanamo Bay, Cuba, include high-level al Qaeda operatives who bear responsibility for the terrorist attacks of Sept. 11, 2001 and other bombings targeting American facilities abroad, according to the president and senior administration officials.

Posted by Frank James at 2:27 pm CDT

In its decision handed down today in the case of Hamdan v. Rumsfeld, in which the Supreme Court majority essentially said President Bush didn’t have the authority to use military tribunals to try accused terrorist detainees, it added that to abide by the law, Bush needed to go back to Congress to get that power.

After digesting the high court’s decision, Sen. Bill Frist (R-Tenn.), the Senate’s majority leader, indicated this afternoon that, if he has anything to do with it, Congress will speedily give the president that authority.

Good morning.

Here are a few Washington events of note for Thursday, June 29, as compiled by the Associated Press.

President Bush meets with Japanese Prime Minister Koizumi and later hosts an official White House dinner for him.

The Supreme Court is handing down more decisions.

The Commerce Department is releasing its revised first quarter report on the Gross Domestic Product at 8:30 a.m.

Gpood morning.

Here are a few Washington events of note for Wednesday, June 28, as compiled by the Associated Press.

The Supreme Court may hand down more decisions today as it nears the end of its annual session.

President Bush is campaigning in St. Louis for the re-election of Missouri Sen. Jim Talent.

The House Veterans Affairs Committee holds an oversight hearing on the recent security breach at the VA Department. 10:30 a.m.

Good morning.

Here are a few Washington events of note for Monday, June 26, as compiled by the Associated Press.

Vice President Cheney is campaigning in Nebraska for congressional candidate Adrian Smith and later in the day for Minnesota congressional candidate Michele Bachmann.

The Supreme Court may hand down more decisions.

Good morning.

Here are a few Washington events of note for Thursday, June 22, as compiled by the Associated Press.

President Bush is meeting with Hungarian officials before flying home to Washington.

The Supreme Court is meeting and likely to hand down more decisions as it heads toward the conclusion of its yearly term at the end of the month.

10 a.m. TEEN DRIVERS — The AAA Foundation holds a news conference to release new research showing safety measures that significantly lower death and injury crash rates for teen drivers.
Location: National Press Club.

The Senate Antitrust, Competition Policy and Consumer Rights Subcommittee holds a hearing on the AT&T-Bell; South merger. 3 p.m.

Good morning.

Here are a few Washington events of note for Thursday, June 15, as compiled by the Associated Press.

President Bush speaks at the Initiative for Global Development’s 2006 National Summit.

The Supreme Court meets at 10 a.m. to hand down decisions, and in the afternoon for ceremonies in remembrance of the late Chief Justice William Rehnquist.


10:30 a.m. BIRD FOSSILS — A new discovery of bird-fossil specimens preserved in China’s Changma Basin will be announced a news conference. Research will be published in the Friday, 16 June issue of the journal SCIENCE. Speakers are: Jerald D. Harris, Dixie State College, St. George, Utah; Matthew C. Lamanna, the Carnegie Museum of Natural History, Pittsburgh, Pa.; and Hai-lu You, Chinese Academy of Geological Sciences, Beijing.
Location: AAAS headquarters, 12th and H Streets NW.

Defense Secretary Rumsfeld and Chairman of the Joint Chiefs of Staff Gen. Peter Pace attend ground-breaking ceremony to mark the start of work on the Pentagon Memorial to the victims of the Sept. 11, 2001 attacks. 1:30 p.m.

Good morning.

Here are a few Washington events of note for Monday, June 12, as collected by the Associated Press.

President Bush is meeting at Camp David with key American and Iraqi governmental and military leaders today and Tuesday about future operations in Iraq.

10 a.m. The Supreme Court is meeting and may hand down more decisions as its yearly term nears the end.

Good morning.

Here are a few Washington events of note for Monday, June 5, as collected by the Associated Press.

The Senate resumes debate over the proposed constitutional amendment declaring that marriage is between a man and a woman, while President Bush meets with the amendment supporters at the White House. A Senate vote is expected Tuesday.

Vice President Cheney is speaking at a Republican National Committee reception in Lake Forest.

Good morning.

Here are a few Washington events of note for Monday, May 22, as compiled by the Associated Press.

10 a.m. U.S. SUPREME COURT — Meets to hand down decisions and release orders.

10 a.m. NATURALIZATION CEREMONY — U.S. Citizenship and Immigration Servoices Director Emilio T. Gonzalez swears-in 100 new citizens from 42 nations.
Location: George Washington’s Mount Vernon Estate and Gardens, Fairfax County, Va.

8:30 a.m. - 10 a.m. IMMIGRATION — The Hudson Institute hosts a panel on What Makes an American? Historical Perspectives on Immigration. With Amy Kauffman, Hudson Institute; Mathew Spalding, Director of the B. Kenneth Simon Center for American Studies at The Heritage Foundation; Peter Skerry, Brookings Institute and professor of political science, Boston College; Tamar Jacoby, senior fellow, Manhattan Institute; and John Fonte, director of the Center for American Common Culture at Hudson Institute.
Location: Hudson Institute, Betsey and Walter Stern Conference Center, sixth floor, 1015 15th Street, NW.

Good morning.

Here are some Washington events of note for Monday, May 1, as collected by the Associated Press.

Vice President Cheney is speaking at the World Affairs Council of Philadelphia luncheon.

The Supreme Court is meeting and may hand down decisions.

Good Morning.

Here are some Washington events of note for Wednesday, April 26, as collected by the Associated Press.

The Supreme Court meets to hand down decisions and hear arguments. 10 a.m.

1 p.m. RECORDS ACCESS — The National Archives holds a news briefing to announce the results of an audit of the withdrawal of records from public access.
Location: Room 105, National Archives, 700 Pennsylvania Ave. NW.

1:30 p.m. VIDEO GAMING — The Congressional Sex and Violence in the Media Caucus holds a news conference to release a study of video game content and ratings, call for a greater transparency and accountability and discuss the impact of vioelce in video games and interative media on youth.
Location: Cannon Terrace.

Posted by Frank James at 11:53 a.m.

While much of last week's attention was focused on the Senate as it grappled, unsuccessfully, with immigration and border enforcement legislation last week, Supreme Court Justice Anthony Kennedy gave little noticed testimony before a House committee that provided another dimension to the problem.

Appearing before a House Appropriations subcommittee hearing last Tuesday on the federal judiciary's budget, Kennedy was asked by Rep. Todd Tiarht (R-Kan.) if the federal courts had any control over the number of cases they handle.

Kennedy's answer was illuminating. He said the nation’s weak border enforcement is contributing to an explosion of criminal cases, placing an extraordinary burden on federal courts in the nation’s southwest.

Posted by Frank James at 8:42 am CST

Martin Luther King Jr. Day 2006 isn't that far in the rear-view mirror. So I think I still have time to raise a question triggered by something President Bush said in his King Day speech at the Kennedy Center here in Washington on Monday.

The president called the Constitution a "living document."

But is that view truly compatible with another he has stated, that his ideal federal judge is a strict constructionist? Maybe the president needs to discuss the matter with one of his Supreme Court favorites, Justice Antonin Scalia. I think Scalia's answer would be "no."

Posted by Frank James at 12:07 pm CST

This being an important football weekend (Go Bears!) I thought I'd share a gridiron-themed email I received from Rob Whall, a reader of this blog, who thinks he knows what's going through the minds of the leaders at People for the American Way, the Leadership Conference on Civil Rights and other liberal advocacy groups who vow to continue to fight Judge Samuel Alito Jr.'s Supreme Court nomination. (See my "Fight to the Death" posting below.)

From: Rob Whall
Sent: Fri 1/13/2006 8:51 PM
To: James, Frank E.

I really do. That's because I'm a Lions fan. I've sat there. Middle of the 4th quarter, thinking (with no hint of delusion) that "All they need is a touchdown...and an onside kick...and another touchdown. Then a field-goal. Maybe a make-up call from that bad interference call 3 minutes ago...Joey is driving...I have a good feeling about this."

Posted by Frank James at 3:22 pm CST

We Americans tend to reserve a special place in our collective memories for those who fight on even when the cause seems hopelessly lost. Remember the Alamo. Custer’s Last Stand. The Cubs in the World Series. Will the “Stop Alito” campaign be added to the list, at least for liberals?

Liberal advocacy groups say that question is way too premature, that the fight isn’t over and that they could still defeat Samuel Alito Jr.’s confirmation to the Supreme Court.

It isn’t easy to see how. Sen. Arlen Specter, the pro-choice Pennsylvania Republican who chairs Senate Judiciary Committee and ran the Alito hearings, today endorsed the conservative judge after the hearings ended.

Posted by Frank James at 4:36 pm CST

The political fight over the Supreme Court nomination of Judge Samuel Alito Jr. was supposed to have been the biggest knock-down, drag-out high-court battle since the Robert Bork smack down in 1987.

Conservatives had vowed to avenge the Borking of Bork, their strict-constructionist hero. Liberals promised a once-in-a-generation fight for everything they hold dear, a “woman’s right to choose,” minority rights, civil liberties.

Well, at least the liberal activists hanging out in and around the hearing room got to go to lunch after Senate Judiciary Committee questioning of Alito came to a formal end today about noon Chicago time.

posted by William Neikirk at 6:49 pm CST

“I am not a bigot,” Supreme Court nominee Sam Alito asserted at his confirmation hearing before the Senate Judiciary Committee hearing Wednesday.

Furthermore, he said, “I am who I am. I am my own person.” He added that he is not like any person now serving on the Supreme Court or any other judge who has served on the court.
That left a lot of room for members of the committee trying to get a clear definition of who this Bush administration’s choice for the high court is, or more important, what kind of justice he will turn out to be if is confirmed as expected.

Alito neared the end of his hearing on Wednesday by asserting that he is fair-minded and not a clone of controversial Justices Antonin Scalia and Clarence Thomas, or even Robert Bork, a conservative jurist rejected in his Supreme Court bid.

Posted by Mark Silva at 1:40 pm CST

Judge Samuel Alito Jr. will win Senate confirmation for a seat on the Supreme Court, but it won't occur as soon as the Bush administration would like and the Senate vote will fall along partisan lines. That's the reading from Andy Card, the president's chief of staff, delivering a wide ranging look at the year ahead for Bush and the Congress.

"I am confident that Judge Alito will become Associate Justice Alito,'' Card said at a luncheon of the U.S. Chamber of Commerce on Wednesday.

Posted by William Neikirk at 1:00 pm CST

It is polite, it is respectful, yes. But there is little question that Supreme Court nominee Sam Alito finds himself in the middle of a fierce, sometimes tense, contest as he seeks the Senate Judiciary Committee’s approval, the first step in his confirmation.

He has been accused of not looking out for the poor and those who have faced discrimination. He has been criticized for being a member of the Concerned Alumni of Princeton, a group that opposed admitting more women and minorities and for turning his back on conservative statements he made as a young lawyer in the Reagan administration.

Posted by William Neikirk at 9:15 am

Supreme Court nominee Samuel Alito Jr. returned to the Senate Judiciary Committee for a second round of questioning Wednesday as Democrats vented their frustration, saying that he is still too vague about his positions on abortion and executive power.

Sen. Richard Durbin, Democrat of Illinois and a member of the panel, told the Chicago Tribune prior to questioning Alito that despite Alito’s assurances, he wasn’t confident that the Bush nominee “would vote to sustain Roe v. Wade,” the high court’s decision upholding abortion.

Durbin said he hoped to pin Alito down on the abortion issue, particularly as it relates to a person’s right to privacy under the constitution, to get a better clue of how he might vote. “We didn’t get that much from him” on the first day of questioning, he said.

Posted by William Neikirk at 5:55 a.m. CST

Supreme Court nominee Samuel Alito returns to the Senate Judiciary Committee for a second round of questioning today with Democrats seeking more specifics on his legal philosophy after he offered Americans reassurance about his stands on privacy and civil liberties. Republicans said he has acquitted himself well so far and been forthcoming in his answers.

In a long grilling on the witness stand yesterday, Alito said he would approach abortion questions with an open mind although he continued to favor a 1991 vote that women seeking abortions must notify their husbands. He said that a president did not have a "blank check" when it came to use of his wartime powers. Democrats said Alito gave general answers that would be expected of any Supreme Court nominee and pledged to push for more specifics in their questioning Wednesday. Sen. Charles Schumer (D-N.Y.) said Alito spoke in "very broad generalities…Of course, he will keep an open mind on issues. Of course, he will say the president is not above the law."

Posted by Frank James at 7:30 pm CST

Democrats used a one-time disagreement between then-federal judge Michael Chertoff and Supreme Court nominee Judge Samuel Alito Jr. to try and score points President Bush’s latest pick for the Supreme Court.

Alito had dissented in case called Doe v. Groody in which a Pennsylvania couple sued local police for conducting what the plaintiffs said was an unauthorized search for drugs that included a strip search of the couple's 10-year old daughter who was not named in the warrant. They contended the search went beyond the scope of the police search authority.

Posted by Frank James at 6:45 pm CST

“And I hope you'll understand if any of us come before a court and we can't remember Abramoff, you will tend to believe us!”

It was said by South Carolina Republican Sen. Lindsey Graham to federal judge Samuel Alito Jr. The judge had just finished explaining why he hadn’t recused himself from a case involving the Vanguard mutual fund company, in which he had investments, to Wisconsin Democrat Sen. Russ Feingold who appeared unconvinced.

That was followed by perhaps the hearing’s second best line by a senator unidentified in a transcript of the hearing.

“Abramoff who? That’s the guy in the Bible, right?”

Posted by Frank James at 6:14 pm CST

Samuel Alito Jr. spent nearly ten hours testifying before the Senate Judiciary Committee today but that apparently wasn't enough for the Sen. Richard Durbin, the Illinois Democrat, who didn't get to ask his first-round questions before the hearing was gaveled to a close around 7 pm EST. Joe Shoemaker, Durbin's press secretary, sent a press release to reporters on the matter. It said in part. "We're not thrilled about Durbin not getting his turn tonight, but on the bright side, he'll be the lead off or second member to go in the morning around 9:30am EST."

Posted by Frank James at 5:57 pm CST

During Clarence Thomas’s 1991 Senate confirmation hearings, when asked his opinion about Roe v. Wade, Thomas said he didn’t have one, that he had never really thought about the landmark abortion-rights case enough to have reached a conclusion about it. It was an answer few believed.

Today, when asked by Sen. Herb Kohl, the Wisconsin Democrat, his opinion on Bush v. Gore, Samuel Alito echoed Thomas. Specifically, Kohl asked him if the Supreme Court should’ve taken that case as it seemed an instance of the kind of judicial activism conservatives abhor.

Posted by Frank James at 5:08 pm CST

Some Supreme Court nomination hearings are more like prize fights than others, with opposition senators doing their best to pummel the candidate under the lights while supporting senators act as corner men, repairing the damage they can before sending their man back out.

The first day of real questioning of the low-key Samuel Alito Jr. had that rhythm.

Senate Judiciary Democrats aggressively questioned him during his confirmation hearings sometimes to the point of testiness. Little surprise there. They had telegraphed those intentions for weeks, especially since Alito had given them so much ammunition and their liberal-interest group supporters had demanded nothing less.

Posted by Frank James at 2:58 pm CST

Note to Supreme Court nominee Samuel Alito: For those to whom much is given, much is required. At least that was one biblical message I was reminded of by the Justice Sunday III, the pro-Alito rally held last night at the Greater Exodus Baptist Church in North Philadelphia.

What religious conservatives gave through their grass-roots muscle over decades was political power to like-thinking politicians like President Bush, power to make nominations to the federal judiciary, especially the Supreme Court.

They now fully expect that those judges Bush chooses-including Alito-will agree with the Christian conservative agenda to overturn Roe v. Wade and permit open prayer in school. They are very clear about that.

(Read Jan Crawford Greenburg and Jill Zuckman's coverage of Monday's Alito hearing in Tuesday's Tribune.)

Posted by Frank James      6:26 p.m. CST

This was supposed to be the week supporters and opponents of Supreme Court nominee Samuel Alito set the table, as it were, for next week's Senate confirmation hearings for the conservative judge.

But with huge stories like the West Virginia coal mine disaster, former lobbyist Jack Abramoff's guilty pleas and the grave illness of Israeli Prime Minister Ariel Sharon absorbing the attention of those in the nation who follow the news, the fight over Alito's nomination got greatly overshadowed.