Showing 1–50 of 69 items published in September 2018, most recent first.
The October 2018 term began on Monday. The Supreme Court released additional orders from the September 24 conference; the justices called for the views of the solicitor general in eight cases, including Atlantic Richfield Co. v. Christian, Hernandez v. Mesa, Thole v. U.S. Bank, N.A., and Clearstream Banking S.A. v. Peterson, consolidated with Bank Markazi v. Peterson.
The Senate Judiciary Committee heard testimony yesterday from Supreme Court nominee Judge Brett Kavanaugh and Dr. Christine Blasey Ford, who has accused Kavanaugh of sexually assaulting her when they were teenagers.
On the day that Judge Brett Kavanaugh returned to the Senate to fight for a seat on the Supreme Court, Justices Sonia Sotomayor and Elena Kagan each made a public appearance. Neither justice spoke substantively on the Kavanaugh hearings, of course.
UPDATE: NBC News has reported that President Donald Trump has asked the FBI to conduct the supplemental background investigation requested by the Senate Judiciary Committee.
This morning the Senate Judiciary Committee will hear testimony from Supreme Court nominee Judge Brett Kavanaugh and Dr. Christine Blasey Ford, who has accused Kavanaugh of sexually assaulting her when they were teenagers.
Today the Supreme Court granted review in the following cases.
The Senate Judiciary Committee has concluded its hearing, which included testimony from Judge Brett Kavanaugh and Dr. Christine Blasey Ford, who has accused Kavanaugh of sexual assault.
We live-blogged as the Senate Judiciary Committee heard testimony from Supreme Court nominee Judge Brett Kavanaugh and Dr. Christine Blasey Ford. The transcript is available below and at this link.
All of this has happened before. All of this will happen again. A business signs contracts with its workers (or its customers, or suppliers, or anybody else for that matter), in which the workers agree that they will resolve any disputes before an arbitrator rather than a court.
Photo credit to Pacific Legal Foundation When a plaintiff believes that a local government has taken her property in violation of the Fifth Amendment, where can she litigate that claim?
For The Wall Street Journal, Natalie Andrews and Peter Nicholas report that “[u]nder White House pressure, the Senate Republican leadership is moving to expedite the final stages of Judge Brett Kavanaugh’s nomination to the Supreme Court after Thursday’s planned hearing featuring [Dr. Christine
Over 12 years ago, Congress enacted the Sex Offender Registration and Notification Act. One provision of SORNA created a requirement that a convicted sex offender register with every jurisdiction in which he resides, works or studies, as well as in the jurisdiction in which he was convicted.
This week we highlight petitions pending before the Supreme Court that address, among other things, the reach of the Clean Water Act’s permitting requirement, the constitutionality of establishing personal jurisdiction over a defendant based on the contacts of a defendant’s alleged co-conspirators, and the categorical classification of an indivisible state statute that criminalizes false agency endorsement.
For The Wall Street Journal, Natalie Andrews and Kristina Peterson report that “Republicans rallied around embattled Supreme Court nominee Brett Kavanaugh, vowing Monday to push his confirmation through the Senate even as a new allegation of sexual misconduct emerged days before a hearing on an
It has been over 33 years since Vernon Madison shot and killed Julius Schulte, a police officer in Mobile, Alabama. Schulte had come to Madison’s house to protect Madison’s former girlfriend and her daughter while they moved out; Schulte was sitting in his car when Madison shot him twice in the back of the head.
The practice of Supreme Court oral arguments has changed dramatically over time. Once multi-day events, Supreme Court oral arguments now typically take place in a one-hour time span, with some exceptions granted by the justices.
A tiny amphibian takes center stage in the first case of October 2018 term. The dusky gopher frog is native to the forested wetlands of the southern coastal United States, with a historical range from the Mississippi River in Louisiana to the Mobile River delta in Alabama.
Mount Lemmon Fire District v. Guido calls on the Supreme Court to decide whether the Age Discrimination in Employment Act covers state and local employers with fewer than 20 employees.
For The Wall Street Journal, Kristina Peterson and others report that “[t]he stage was set for a dramatic public hearing Thursday over sexual-assault allegations against Judge Brett Kavanaugh, with Democrats planning to delve broadly into the Supreme Court nominee’s past and Republicans aiming to
We’re kicking off our third season with a live show at William & Mary! Professor James Stern joins us as we take the birds-eye view of OT2018. This year will bring cases about excessive fines, the death penalty and just about everything in between.
On September 25 at 6:00 p.m., the Women’s Bar Association of the District of Columbia will host a panel entitled, “What’s at Stake for Women in the Supreme Court Confirmation Process.” Speakers include Emily Martin, Susan Inman, Andrea Senteno and Thiru Vignarajah; Jill Dash will serve as moderator.
On September 26 at 9:30 a.m., the D.C. Bar will host a Supreme Court review and preview. Speakers include John Elwood, Sarah Harrington and Virginia Seitz; Amy Howe will serve as moderator. More information and registration are available for the in-person presentation and the webinar.
On Monday, the justices met for their September 24 conference. On Thursday, the justices granted certiorari in five cases they considered at that conference. The October 2018 term will begin on Monday, October 1. The calendar for the October sitting is available on the court’s website.
At The Washington Post, Seung Min Kim and others report that “[a]n attorney for Christine Blasey Ford, the woman who has accused Supreme Court nominee Brett M. Kavanaugh of sexually assaulting her when they were teenagers, said Thursday that her appearing at a hearing on Monday to detail her claims
For The Washington Post, Seung Min Kim and others report that “Senate Republicans strongly signaled on Wednesday that they will forge ahead with embattled Supreme Court nominee Brett M. Kavanaugh’s confirmation as his accuser called the rush for a public hearing next week unfair.” For The New York
This week we highlight petitions pending before the Supreme Court that address, among other things, the constitutionality of New York City’s ban on the transportation of handguns outside of the city; the availability of punitive damages to a Jones Act seaman in a certain personal-injury action; the
For The Wall Street Journal, Kristina Peterson and others report that “[a]ttorneys for [Christine Blasey Ford,] the woman who accused Brett Kavanaugh of sexual assault[,] said she wants a full investigation of the allegations before she testifies on Capitol Hill, throwing into doubt a planned
On September 25 at 5:30 p.m. MDT, the Chicago Lawyer Chapter and the University of Denver Sturm College of Law Student Chapter of the American Constitution Society will host a discussion on the Supreme Court featuring Dahlia Lithwick.
For The Washington Post, Felicia Sonmez and others report that “Supreme Court nominee Brett M. Kavanaugh and the woman who has accused him of sexually assaulting her decades ago will testify publicly before the Senate on Monday, setting up a potentially dramatic and politically perilous hearing
The future of a constitutionally protected right to abortion is uncertain now that Justice Anthony Kennedy has retired from the Supreme Court, leaving a vacancy for President Donald Trump to fill.
Applying a broad definition, 13 of the 38 cases in which the Supreme Court has granted review for the upcoming October 2018 term raise criminal law and related issues. (A few more will be granted in the “long conference” order list to be released September 27.)
For The Washington Post, Emma Brown reports that Christine Blasey Ford, the author of the confidential letter containing an allegation of sexual assault against her by Supreme Court nominee Judge Brett Kavanaugh when they were both in high school, has come forward with her first public comments about the allegation.
It’s our first five-mic episode! We’re joined by Kent Greenfield and Adam Winkler, who both have new books about corporate personhood, as well as our bankruptcy expert, Danielle D’Onfro.
On the occasion of Constitution Day, Cornell Law School’s Legal Information Institute today released an enhanced digital version of the “Constitution of the United States of America: Analysis and Interpretation,” often known more simply as the “Constitution Annotated” or “CONAN.” Regularly prepared
[UPDATE: On September 18, U.S. solicitor general Noel Francisco sent a letter to the court withdrawing the government’s application. Francisco explained that the U.S. Court of Appeals for the 9th Circuit had granted the stay that the government had requested, eliminating the need for the Supreme Court to act.]
On Tuesday, September 18, at 12:00 p.m., Alliance Defending Freedom will present two panels reviewing last term’s decisions concerning free speech and religious liberty and previewing future cases about the establishment clause.
[UPDATE: Chief Justice John Roberts later referred the request by Crossroads Grassroots to the full court, which on September 18 denied the group’s application without comment or published dissent.
For The New York Times, Catie Edmondson and Nicholas Fandos report that “[t]he senior Democrat on the Senate Judiciary Committee referred information involving Judge Brett M. Kavanaugh, President Trump’s nominee to the Supreme Court, to federal investigators on Thursday, but the senator declined to
On Tuesday, September 18, at 12:00 p.m., the Heritage Foundation will host a preview of the October 2018 term. Speakers include Paul Clement and Joseph Palmore; Elizabeth Slattery will serve as moderator.
Six current Connecticut judges argued before the U.S. Supreme Court between 1981 and 1991. Their recollections of those arguments – prepared by Judge Jon Blue of the Connecticut Superior Court for the annual Connecticut Judges Institute – present a portrait of the justices at work in an earlier era.
For USA Today, Richard Wolf reports that “Supreme Court nominee Brett Kavanaugh responded to more than 1,000 written questions from dissatisfied Democrats Wednesday by revealing more about his personal finances but little more about his views on the law.” At The National Law Journal (subscription
On Friday, September 14, at 3:00 p.m. MST, the Arizona Lawyer Chapter of the American Constitution Society will host a discussion reviewing the past term and previewing the upcoming term. Speakers include Toni Massaro and Judge Andrew Hurwitz of the U.S. Court of Appeals for the 9th Circuit.
Last week the Senate Judiciary Committee held a hearing on the nomination of Judge Brett Kavanaugh to succeed Justice Anthony Kennedy. After the hearing ended, senators submitted written questions – over 1,200 in all – to Kavanaugh, who responded last night.
Success in the Supreme Court is hard to define because it can be viewed in a variety of ways. Few attorneys have the opportunity to try cases there, and even fewer argue multiple cases. Part of success therefore is simply getting a case or cases to the court.
This week we highlight petitions pending before the Supreme Court that address, among other things, the constitutional implications of trial counsel’s failure to make an argument based on persuasive, as opposed to controlling, authority; the extent to which the National Bank Act pre-empts state
Ariane de Vogue and Phil Mattingly report for CNN that “[a]fter spending more than 20 hours testifying before the Senate Judiciary Committee last week, Supreme Court nominee Brett Kavanaugh is still answering questions,” as “Democrats are following committee rules and sending Kavanaugh pages and
On Friday, September 21, the Institute for Justice and the Liberty and Law Center at Antonin Scalia Law School will co-host a symposium on the 14th Amendment in which legal scholars, historians, judges and litigators will participate.
On Tuesday, September 18, at 12:30 p.m., the Washington Legal Foundation will host a media briefing on the Supreme Court’s upcoming October 2018 term. Speakers include John Yoo, Shay Dvoretzky and Beth Brinkman; Thomas Goldstein will serve as moderator.
Commentators continue to weigh in on the nomination of Judge Brett Kavanaugh to the Supreme Court in the wake of Kavanaugh’s Senate confirmation hearing last week.
On Friday, the Senate Judiciary Committee wrapped up its four-day hearing on the nomination of Judge Brett Kavanaugh to the Supreme Court with a day of testimony from witnesses, including former law clerks to Kavanaugh, two former solicitors general, a survivor of the Parkland school shooting, and John Dean, President Richard Nixon’s White House counsel during Watergate.