Everything published in August 2018, most recent first.
This week we highlight petitions pending before the Supreme Court that address whether a general choice-of-law clause in a contract that contains an arbitration agreement should be read to import state substantive law without importing state rules impairing arbitration, the effect of the Prison
Orrin Hatch is the senior member of the Senate Judiciary Committee. A focus of many, including myself, in evaluating Judge Brett Kavanaugh’s judicial record and philosophy has been his opinions, both judicial and academic, on the constitutional separation of powers.
Judge Brett Kavanaugh’s confirmation hearing for the Supreme Court will begin on Tuesday. Tucker Higgins of CNBC previews what to expect next week.
With only a few days left before Judge Brett Kavanaugh’s confirmation hearing for the Supreme Court, Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, yesterday indicated that “he can’t foresee anything that would make him delay next week’s hearings,” reports Tony Leys of Des Moines Register.
On Tuesday, September 4, at 9:30 a.m., the Senate Judiciary Committee will begin its hearing on the nomination of Judge Brett Kavanaugh to the Supreme Court. SCOTUSblog will live-blog the entire hearing.
The Supreme Court today declined to intervene in a dispute between the city of Philadelphia and Catholic Social Services over foster care and the Catholic Church’s position on same-sex marriage.
Jonathan Hafetz is a senior staff attorney in the Center for Democracy at the American Civil Liberties Union and a professor of law at Seton Hall Law School.
With Judge Brett Kavanaugh’s confirmation hearing set for next week before the Senate Judiciary Committee, more information about the hearing emerges, including that former Secretary of State Condoleezza Rice, Sen. Rob Portman, a Republican of Ohio, and Lisa Blatt, a Supreme Court litigator, will introduce the nominee.
Carolyn Shapiro is associate professor of law and co-director of the Institute on the Supreme Court of the United States at Chicago-Kent College of Law. Contemporary Supreme Court confirmation hearings are both exciting and disappointing.
With a week before his hearing in the Senate, Supreme Court nominee Judge Brett Kavanaugh continues to garner coverage. Tony Mauro for The National Law Journal reports that 41 appellate advocates sent the Senate Judiciary Committee a letter expressing “strong support” for Kavanaugh.
The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court. Many Democrats oppose Judge Brett Kavanaugh’s nomination and will not vote to confirm him.
Will Baude joins us to discuss the latest news of Judge Brett Kavanaugh’s nomination. Plus, what do we mean when we talk about originalism?
As we enter the last week in August, the start of the October Term 2018 comes one week closer.
By now, followers of the nomination of Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to the U.S. Supreme Court have a flood of information to consider. (Whether it is enough or not is a matter on which political partisans intensely disagree.)
For Fox News, Dana Blanton reports on a recent poll by the network indicating that “[v]oters are increasingly divided over the nomination of Brett Kavanaugh to the Supreme Court since President Trump announced him as his choice to replace retiring Justice Anthony Kennedy.” At Politico, Burgess
This week we highlight petitions pending before the Supreme Court that address the standard for determining the adequacy of the “written description of the invention” in a patent, the effect of the Hobbs Act on whether courts may engage in a traditional Chevron analysis, and the interplay between Federal Power Act and the powers of the Federal Energy Regulatory Commission.
At Politico, Nolan McCaskill reports that “Democrats launched a simultaneous attack against Donald Trump and Brett Kavanaugh on Wednesday, casting the president as a ‘co-conspirator’ whose Supreme Court nominee has been tainted.” For The Washington Post, John Wagner and Mike DeBonis report that
For The Washington Post, Elise Viebeck and Gabriel Pogrund report that “[a] Republican senator whose vote could ensure the confirmation of Supreme Court nominee Brett M. Kavanaugh” — Sen. Susan Collins of Maine – “offered an upbeat assessment of their meeting Tuesday, highlighting the judge’s
Recent coverage of the nomination of Judge Brett Kavanaugh to the Supreme Court focuses on newly released documents from Kavanaugh’s tenure in the office of independent counsel Kenneth Starr.
The Supreme Court hears its first oral argument of the October 2018 term on the first Monday in October — October 1, 2018. Before then, on September 24, the justices will sit down to what is known as the “long conference,” where they will review petitions for certiorari for the first time since June.
For The National Law Journal (subscription or registration required), Tony Mauro identifies “several factors that could make it difficult for Brett Kavanaugh—if he is confirmed by the Senate—to hit the ground running” when the new Supreme Court term begins on October 1.
We’re launching a new series aimed at helping law students survive the best/worst three years of their lives. In this episode, we’ll talk about study groups, thinking like your professor and the best food-related way to make it through an exam.
The Supreme Court released the argument calendar for its November sitting, which begins on Monday, October 29. During the six days of the November sitting, the justices will hear oral arguments in 12 cases, involving topics that range from the proper method of service for a foreign country to pre-emption by the Atomic Energy Act.
This week we highlight cert petitions pending before the Supreme Court that address the scope of Title VII’s prohibition on discrimination “because of … sex” with regard to transgender individuals, the attachment of the Sixth Amendment right to counsel in the context of plea negotiations, and the
At CNN, Lauren Fox and others report that “Senate Democrats are threatening to sue for documents related to Supreme Court nominee Brett Kavanaugh’s record, the latest escalation in a partisan battle over the court.” Burgess Everett reports at Politico that “[t]he potential lawsuit would come right
Charlotte Garden is an associate professor at Seattle University School of Law. This post analyzes Judge Brett Kavanaugh’s most significant work-law opinions.
For USA Today, Richard Wolf reports that “[f]or three eventful years of George W. Bush’s presidency – involving wars in Iraq and Afghanistan, Hurricane Katrina, battles over abortion and immigration, and two Supreme Court vacancies – Brett Kavanaugh held one of the most important jobs in the White
At CNN, Lauren Fox reports that “[t]wo red state Democrats are scheduled to meet [today] with President Donald Trump’s Supreme Court nominee, highly anticipated meetings that could set the tone for where some of the Senate’s most vulnerable Democrats land on appeals court Judge Brett Kavanaugh’s
Aaron Nielson is an associate law professor at Brigham Young University and the weekly author of D.C. Circuit Review–Reviewed at the Notice & Comment Blog. The U.S. Court of Appeals for the District of Columbia Circuit is an unusual court.
Court-watchers maintain their focus on records from Supreme Court nominee Brett Kavanaugh’s time working in the George W. Bush White House.
Although the battle over records related to Judge Brett Kavanaugh’s tenure in the George W. Bush White House continues, the Senate Judiciary Committee has recently released over 100,000 pages of documents.
On Friday afternoon, Senate Judiciary Committee Chairman Chuck Grassley announced that the committee’s hearing on the nomination of Judge Brett Kavanaugh to succeed Justice Anthony Kennedy will begin on September 4 and last three to four days.
Rick Hasen joins us to talk about his new book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”
Robert Barnes reports for The Washington Post that “[a] Senate committee released a sliver of the voluminous White House record of Supreme Court nominee Brett M. Kavanaugh on Thursday, amid a rancorous partisan debate over how the documents are being released to the public.” For The New York Times,
The Supreme Court is in a liminal state this summer. With the departure of Justice Anthony Kennedy, and the confirmation fight over his successor stretching into a second month, the court finds itself suspended between the end of one era and the dawn of the next.
This week we highlight cert petitions pending before the Supreme Court that address retroactive “public nuisance” liability and the due process clause, the application of a state anti-SLAPP provision in federal court, and the powers granted to states by the 21st Amendment.
Senate Democrats yesterday opened a new front in their effort to obtain records from Supreme Court nominee Brett Kavanaugh’s tenure as staff secretary to President George W. Bush.
The nomination of Judge Brett Kavanaugh to the Supreme Court is keeping senators occupied even during their truncated August recess.
Judge Brett Kavanaugh wrote two opinions in PHH Corp. v. Consumer Financial Protection Bureau: a panel opinion declaring an aspect of the bureau to be unconstitutional and an opinion dissenting from the en banc U.S. Court of Appeals for the District of Columbia Circuit’s decision overruling his panel opinion.
The current Supreme Court is friendly toward big business. How friendly? If the court’s trajectory continues, perhaps as friendly as any court dating back to the Lochner era, when laissez-faire policies permeated the court’s rulings.
For the Associated Press, Lisa Mascaro reports that “[l]ate last week, Democrats lost ground in their fight to unearth some 1 million documents related to [Supreme Court nominee Brett] Kavanaugh’s time as staff secretary at the Bush White House, a three-year stint on his resume that Republicans say
Timothy Zick is the Mills E. Godwin, Jr., Professor of Law at William & Mary Law School.
At BuzzFeed News, Chris Geidner and Jason Leopold report that “[i]n the midst of a growing fight over what documents senators will see from Supreme Court nominee Brett Kavanaugh’s five years in the George W. Bush White House, a narrow glance into three months of Kavanaugh’s communications with just
We round up the latest news on Judge Brett Kavanaugh, including speculation on documents from his time in President George W. Bush’s administration and a debate over whether Democrats should support his confirmation when they disapprove on the merits.
For Fox News, Samuel Chamberlain reports that “[t]he National Archives said Thursday that it will not be able to completely review more than 900,000 pages of documents related to Supreme Court nominee Brett Kavanaugh’s time in the George W. Bush White House until the end of October.” At Politico,
This week we highlight three cert petitions pending before the Supreme Court that address the use of a 2017 Supreme Court decision, Moore v. Texas, to find that a state court in 2008 unreasonably applied Atkins v. Virginia; criminal convictions requiring removal under the Immigration and Nationality Act; and crimes that qualify as a crime of violence under 18 U.S.C. § 16(a).
At CNN, Lauren Fox reports that “Iowa Republican Sen. Chuck Grassley, the chairman of the powerful Senate Judiciary Committee, said Wednesday that he hopes to have President Donald Trump’s Supreme Court nominee [Brett Kavanaugh] confirmed by the Senate by early October and that hearings are most
For The Washington Post, Seung Min Kim reports that “[s]enators escalated a bitter dispute over Brett M. Kavanaugh’s documents” yesterday, as “Senate Democrats, infuriated with Republicans for requesting only a portion of Kavanaugh’s records from his tenure in the George W. Bush White House, sent a
Justice Anthony Kennedy is now officially a retired justice of the U.S. Supreme Court.
Although female justices have only served on the Supreme Court since 1981, a relatively short slice of the court’s history, gender imbalances have existed in oral argument interruptions for many years, with female justices bearing the brunt of them.