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The upcoming nomination battle, explained

President Donald Trump is expected to announce his nominee to fill the late Justice Ruth Bader Ginsburg’s seat on Saturday at 5 p.m. EDT. Whomever Trump selects, the nomination is certain to trigger weeks of high-stakes procedural maneuvers as Republicans try to fast-track the nomination process and Democrats try to block it. Senate Majority Leader Mitch McConnell (R-Ky.) has promised a vote on the Senate floor sometime this year, but he has yet to specify whether it will take place before or af...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Barack Obama, Georgia, Democrats, Maine, Alaska, Arizona, John Mccain, Donald Trump, Ruth Bader Ginsburg, Committee


"Having Barrett replace Ginsberg because they are women is like having Clarence Thomas replace Thurgood Marshall because they're black."

Top-rated comment on "Who is Amy Coney Barrett, the judge at the top of Trump’s list to replace Ruth Bader Ginsburg?" (WaPo).From the article:A devout Catholic who is fervently antiabortion, Barrett appeals to Trump’s conservative base. But Republicans also hope that for moderates such as Sen. Susan Collins (R-Maine), her gender makes her a more palatable replacement for Ginsburg, a feminist icon who spent her life fighting for gender equality....Trump first nominated Barrett to the U.S. Court o...
Tags: Law, Senate, Maine, Grammar, Abortion, Ruth Bader Ginsburg, Dianne Feinstein, Catholics, Trump, Bush, Ginsberg, Feinstein, University of Notre Dame, Ginsburg, WaPo, Barrett


Statements from Supreme Court justices on the death of Justice Ginsburg (updated)

The eight members of the Supreme Court, along with retired Justices Anthony Kennedy and David Souter, released on Saturday addressing the death of Justice Ruth Bader Ginsburg. The full text of their remarks is below the jump: Chief Justice John Roberts: Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute ...
Tags: London, Featured, Supreme Court, Law, Virginia, Court, America, God, Ruth Bader Ginsburg, Ruth, Sonia Sotomayor, Mary, John Roberts, D C Circuit, Ginsburg, Marty


Let's look at Ginsburg's language: "I will not be replaced until a new president is installed."

That is the form of her dying wish, as told to us by her granddaughter Clara Spera, who is a fellow at the American Civil Liberties Union. It is hearsay, and we don't know for certain that Ruth Bader Ginsburg said those words at all — though of course we assume that the basic idea expressed is something that she did indeed wish. But did she use the verbs "replaced" and "installed"? Is that Spera's paraphrase?The words sound wrong to me, especially "installed." We normally speak of electing a Pre...
Tags: Science Fiction, Law, Senate, Wikipedia, New York City, Earth, Fish, Language, New York Times, Hearsay, Biden, Saints, Donald Trump, Ruth Bader Ginsburg, Hillary, Bernie Sanders


Justice Ruth Bader Ginsburg, feminist pioneer and progressive icon, dies at 87

Ruth Bader Ginsburg, a trailblazer who fought for gender equality as a lawyer and became a beloved hero of the progressive movement as a justice, died on Friday of complications from pancreatic cancer. When she was confirmed to the Supreme Court in 1993, Ginsburg was a reserved and relatively unknown court of appeals judge, but during the course of her 27 years on the court she became an improbable pop-culture icon, inspiring everything from an Oscar-nominated documentary film to her own action ...
Tags: New York, Texas, Featured, Sweden, Supreme Court, Law, Obama, Congress, Washington, Senate, White House, Virginia, Russia, Court, Alabama, America


Justices to hear October arguments by phone

The Supreme Court announced on Wednesday that it will start its new term in October by hearing oral arguments the same way that it did at the end of its previous term: remotely, with the justices and lawyers participating by telephone as a result of the coronavirus pandemic. Members of the public will once again be able to listen to oral arguments live, through a feed provided by the court to the media and then made available by the media to the public. The announcement by the court’s Public Inf...
Tags: Featured, Supreme Court, Law, Court, Lyle Denniston, John Roberts, Reporters Committee for Freedom of the Press, Howe, Clarence Thomas, What's Happening Now, Public Information Office, Reporters Committee


Monday round-up

President Donald Trump’s release of 20 new potential Supreme Court nominees continued to generate reactions over the weekend. In The Hill newspaper, John Kruzel notes that the new list “includes a half dozen former clerks of Justice Clarence Thomas, a reflection of the staunch conservative’s growing clout in the Trump era.” At E&E News, Pamela King examines how five of the people on Trump’s list have handled environmental issues during their legal careers. In an op-ed for NBC News, Brian Fallon ...
Tags: Supreme Court, Law, Cnn, Donald Trump, Cruz, Trump, Round-up, Brian Fallon, Hill, Clarence Thomas, Tom Cotton R Ark, John Kruzel, Sens Ted Cruz R Tex, Caroline Kelly, Trump era At E E News Pamela King, Alison Main


Trump releases new list of potential Supreme Court nominees

With just under two months remaining before the 2020 presidential election, President Donald Trump on Wednesday released a new list of potential Supreme Court nominees – his fourth such list since 2016. The announcement of the new list fulfilled a promise that the president made in a tweet in June, when Trump pledged not only to publish a “new list of Conservative Supreme Court Justice nominees” but also to fill any future vacancies on the court from that list. In a news conference at the White ...
Tags: Texas, Featured, Supreme Court, Law, Obama, Washington, Mexico, White House, Lgbt, Court, United States, Ronald Reagan, Department Of Justice, Donald Trump, George W Bush, Paul Clement


Anita Hill says she's "willing to evolve myself" and "work with" Joe Biden.

"One of the impacts of 1991 was my desire not to really work with the government in any way... I always said, I think I can be more effective as an outsider, as opposed to an insider. And now, I'm willing to evolve myself, to work for change inside." That's from "Anita Hill vows to vote for Joe Biden and work with him on gender issues" at CNN. She did an interview with CNN. Anita Hill is the person who most prominently brought sexual harassment in the workplace to the forefront of American cultu...
Tags: Law, Abc, Careers, Joe Biden, Cnn, Feminism, Bill Clinton, Good Morning America, Biden, Donald Trump, Sexual Harassment, Apologies, Anita Hill, Democratic Party, Senate Judiciary Committee, Hill


Empirical SCOTUS: If Ginsburg were to leave the court, her departure might resemble Thurgood Marshall’s

Justice Ruth Bader Ginsburg’s health is in the news again this year. She announced last month that she was being treated with chemotherapy — the fourth time since 1999 that she has battled cancer. After she was diagnosed with pancreatic cancer in 2009, she resisted pressure to retire from the Supreme Court under the Obama administration. With multiple hospital stays this year and the cancer recurrence, many question how long she will be able to stay on the court and whether her tenure will outla...
Tags: Supreme Court, Law, Obama, Senate, Barack Obama, Georgia, Reagan, Donald Trump, Ruth Bader Ginsburg, Kennedy, Trump, Marshall, Bush, Thomas, Antonin Scalia, John Roberts


Symposium: The unfolding revolution in the jurisprudence of the religion clauses

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Erwin Chemerinsky is the dean and Jesse H. Choper distinguished professor of law at University of California, Berkeley School of Law. Howard Gillman is the chancellor and a professor of political science and law at University of California, Irvine. Their book, “The Religion Clauses: The Case for Separating Church and State,” will be published by Oxford University Press in September. Although there were ...
Tags: Featured, Supreme Court, Law, Montana, Pennsylvania, Missouri, Philadelphia, Catholic, Smith, Ruth Bader Ginsburg, American Legion, Trump, John Roberts, Fulton, Board of Education, EEOC


Friday round-up

The Supreme Court on Thursday rejected another attempt to ease election-related rules during the coronavirus crisis – this time by imposing a stay on a lower-court order that would have made it easier for an Idaho advocacy group to gather signatures for a proposed ballot measure. Amy Howe writes for SCOTUSblog – in a story first published at Howe on the Court – that the justices “have now on several occasions signaled that federal courts should not alter rules relating to an election even to acc...
Tags: Supreme Court, Law, Court, Idaho, New York Times, Nevada, Greenhouse, Round-up, Walsh, John Roberts, Howe, Linda Greenhouse, Clarence Thomas, Mark Walsh, Education Week, Yale Journal


“A scalpel rather than a bulldozer”: Severability is in the spotlight as the newest ACA challenge looms

Abbe R. Gluck is a professor of law and faculty director of the Solomon Center for Health Law and Policy at Yale Law School. What is the Supreme Court to do with the rest of a statute when it finds one provision unconstitutional? That is the question a long-out-of-the-limelight doctrine — the “severability doctrine” — tries to answer. Should the court hold only the one provision invalid and leave the rest of the statute intact? Should it invalidate provisions especially linked to the offending o...
Tags: Texas, Featured, Supreme Court, Law, Obama, Congress, California, House, House Of Representatives, Medicare, Department Of Justice, Doj, ACA, Alaska Airlines, Thomas, Brock


Justices decline to intervene in dispute over Nevada COVID-19 restrictions

A divided Supreme Court on Friday night turned down a request by a Nevada church for permission to hold services on the same terms that other facilities in the state, including casinos, are allowed to hold gatherings during the COVID-19 pandemic. Chief Justice John Roberts joined the court’s more liberal justices in denying the plea from Calvary Chapel Dayton Valley, a Christian church located about 15 miles outside the state’s capital, Carson City. The ruling drew sharp dissents from the court’...
Tags: Featured, Supreme Court, Law, California, Las Vegas, Nevada, John Roberts, Carson City, Roberts, Howe, Alito, Calvary, Clarence Thomas, Samuel Alito, Kavanaugh, Caesars Palace


Empirical SCOTUS: Justices’ separate opinions suggest high polarization outside the regular merits docket

Over the past five Supreme Court terms, the justices have issued 157 separate “opinions relating to orders.” These orders, which are issued without oral arguments and without full merits consideration, typically fall into three categories: denials of cert petitions, rulings on emergency requests for relief in pending cases, and summary reversals of lower court decisions. We do not necessarily know all of the justices’ votes on these orders – only the ones the justices choose to make public throu...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Chevron, Rogers, Stuart, Thomas, Sonia Sotomayor, John Roberts, Murphy, Roberts, Arthur, Dunn, Alito, COLLIER


Invisible majorities: Counting to nine votes in per curiam cases

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the co-author of “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know.” When the Supreme Court issues a signed opinion, each of the nine justices will indicate their position: affirm, reverse or recuse. But not all opinions are signed. The court sometimes issues unsigned per curiam decisions – so named after the Latin phrase meaning “by the court.” In such cases, the just...
Tags: Florida, Featured, Supreme Court, Law, Congress, Colorado, California, Washington, Sharp, Oklahoma, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, John Roberts, Josh Blackman, Creek Nation


SCOTUStalk’s end-of-term review with Lyle Denniston

The Supreme Court’s 2019-20 term was one for the records books. The court offered live audio of oral arguments in May for the first time in history, and it released opinions well into July for the first time in more than two decades. Who better to delve into the good, the bad and the ugly of the term than 60-year Supreme Court reporting veteran Lyle Denniston? In the latest episode of SCOTUStalk, Amy Howe and Lyle discuss the court’s new dynamic ideological center, Justice Clarence Thomas as one...
Tags: Featured, Supreme Court, Law, Lyle Denniston, John Roberts, Lyle, Clarence Thomas, Amy Howe, SCOTUStalk


Monday round-up

With the Supreme Court now in summer recess, court watchers and commentators continue to analyze the major decisions the court handed down last week — as well as review the extraordinary 2019-20 term as a whole. At SCOTUSblog, legal experts of various ideological persuasions delve into the two rulings on President Trump’s financial records in our symposium on Trump v. Vance and Trump v. Mazars USA. And in our Final Stat Pack, Adam Feldman breaks down the 2019-20 term using statistical analysis. ...
Tags: New York, Supreme Court, Law, Congress, Washington Post, Atlantic, Pennsylvania, Williams, New York Times, Oklahoma, Donald Trump, Wall Street Journal, Trump, Round-up, John Roberts, Vance


Symposium: On Trump tax returns, the latest battles may be over, but the war rages on

John Malcolm is vice president of the Institute for Constitutional Government at The Heritage Foundation. President Donald Trump is one step closer to having to disclose his financial records. But, as Yogi Berra said, “It ain’t over till it’s over.” The fight will go on, and the ultimate issue — will Trump have to disclose and, if so, to whom — will likely not be resolved until after the November election. First, some background. During his presidential run, Trump broke with precedent and refuse...
Tags: Featured, Supreme Court, Law, Congress, California, Court, United States, House, Bill Clinton, Party, Donald Trump, George W Bush, Irs, Jones, Clinton, Trump


Friday round-up

The Supreme Court on Thursday issued its final opinions of the 2019-20 term, deciding blockbuster cases on President Donald Trump’s financial documents and the status of Native American land in Oklahoma. Amy Howe explains the pair of rulings on Trump’s financial records in an analysis for SCOTUSblog that first appeared at Howe on the Court. Adam Liptak of the New York Times writes that the decision in Trump v. Vance — involving a Manhattan grand jury’s access to Trumps’s records — is “a stunning...
Tags: New York, Texas, Supreme Court, Law, Congress, Washington Post, Cnn, Pennsylvania, United States, New York Times, Manhattan, Associated Press, Npr, Oklahoma, Usa Today, Donald Trump


Final Stat Pack for October Term 2019

A Supreme Court term unlike any other has finally come to an end. In March, some observers thought the term would end early after the court shut its doors and postponed oral arguments — the first time since the 1919 Spanish Flu outbreak that the court closed due to a pandemic. Instead, the term lasted longer than usual, extending well into July for the first time in decades. And in May, the court heard remote arguments over the telephone with a public live audio feed for the first time ever. Tho...
Tags: Featured, Supreme Court, Law, Pennsylvania, United States, Williams, Johnson, Donald Trump, Morrissey, Kennedy, Trump, Thomas, Peter, Sonia Sotomayor, John Roberts, Vance


Symposium: Channeling an old chief to reject a new immunity

Toby J. Heytens is solicitor general and Martine Cicconi is deputy solicitor general of the Commonwealth of Virginia, which filed an amicus brief on behalf of 15 states and the District of Columbia in support of the respondent in Trump v. Vance. Writing for the Supreme Court in Trump v. Vance, Chief Justice John Roberts began with a history lesson. “In the summer of 1807,” he narrated, “all eyes were on Richmond, Virginia,” where “Aaron Burr, the former Vice President, was on trial for treason.”...
Tags: New York, Featured, Law, Congress, Virginia, Manhattan, Department Of Justice, District Of Columbia, Donald Trump, Trump, Marshall, Thomas, State, Thomas Jefferson, John Roberts, Vance


That last post finally pushed me over the line to create a tag I've been thinking about for a while...

... "the attack on individualism."The pressure was building after yesterday's post about Seattle's effort to teach its employees about their own "Internalized Racial Superiority," which is "defined by" — among other things — "individualism."What pushed me over the line into new tag creation this morning was a criticism of women who fall into the "trap" of talking about their individual struggle with motherhood. I went back into the archive and added the tag to a few old things:June 19, 2020 — Th...
Tags: South Korea, Guns, Law, North Korea, Korea, Ayn Rand, Karl Marx, Party, Seattle, Orwell, Soviet Union, Tom Wolfe, Clarence Thomas, Ortega, Durkheim, E.J. Dionne


Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma

The first thing we learned this morning with the announcement of the decision in McGirt v. Oklahoma was that Chief Justice John Roberts didn’t manage to be in the majority in every single 5-4 decision this term. Today, Justice Neil Gorsuch wrote for a majority of five (joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan), with Roberts writing for the four dissenters and Justice Clarence Thomas appending a brief solo dissent to assert that the court lacked juri...
Tags: Featured, Law, Congress, Alabama, Georgia, Sharp, States, Oklahoma, John Roberts, Creek Nation, Murphy, Roberts, Creek, Elena Kagan, Clarence Thomas, Patrick Murphy


Symposium: A better way to limit Congress’ subpoena power

Ilya Somin is a law professor at George Mason University, and author of “Free to Move: Foot Voting, Migration, and Political Freedom.” Some parts of this post have been adapted from a previous piece on the Volokh Conspiracy blog, hosted by Reason. Today’s Supreme Court decision in Trump v. Mazars establishes a vague and unwieldy four-part test for determining when congressional committees can subpoena documents from the president. The court understandably and rightly rejected both the president’...
Tags: Featured, Supreme Court, Law, Congress, United States, House, House Of Representatives, Ncaa, Clinton, Trump, Thomas, New Deal, John Roberts, Murphy, George Mason University, Roberts


Opinion analysis: Disputes over Trump financial records to continue

This morning the Supreme Court issued its long-awaited rulings in the battle over efforts to obtain financial records belonging to President Donald Trump. By a vote of 7-2, the justices sent a pair of cases challenging congressional subpoenas for the records back to the lower courts for another look, holding that subpoenas involving the president must be subject to a tougher standard than the courts had applied. In a third case, in which the president challenged a subpoena by a Manhattan distric...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, House, House Of Representatives, Manhattan, Deutsche Bank, Donald Trump, Trump, Cyrus Vance, Thomas, John Roberts, Vance


Thomas & Alito Retirement Hoopla Canceled Now That Gorsuch & Kavanaugh Are Cucks

Trump's recent appointments weren't willing to burn constitutional law to the ground to help Trump and that rankles the older conservatives.
Tags: Supreme Court, Law, Courts, Trump, Thomas, Alito, Clarence Thomas, Samuel Alito, Kavanaugh, Gorsuch, Brett Kavanaugh, Neil Gorsuch


Thursday round-up

At Bloomberg, Greg Stohr reports that the court “will end its term Thursday morning with historic rulings that will probably determine whether the public sees President Donald Trump’s long-hidden financial records before the November election.” For The New York Times, Adam Liptak looks at the two cases involving the president’s records, “one concerning subpoenas from House committees, the other a subpoena from the Manhattan district attorney, Cyrus R. Vance Jr., a Democrat.” Yesterday the court ...
Tags: Texas, Supreme Court, Law, Congress, Court, Bloomberg, Cnn, Pennsylvania, House, New York Times, Manhattan, Fox News, Catholic, The New York Times, Illinois, Vox


Florida voters with felony convictions ask justices to intervene in voting-rights dispute

With the deadline to register to vote in Florida’s August primary election 12 days away, a group of Florida voters and civil rights groups today asked the Supreme Court to reinstate a ruling by a federal trial court that struck down a state law that requires Florida residents who have been convicted of a felony to pay all court fees and costs before voting. An order by the U.S. Court of Appeals for the 11th Circuit that put the trial court’s ruling on hold, the voters argue, “creates chaos and c...
Tags: Florida, Featured, Supreme Court, Law, Smith, Paul Smith, Howe, District Court, Gonzalez, U S Court of Appeals, Clarence Thomas, Purcell, 11th Circuit, DeSantis, Campaign Legal Center, Emergency appeals and applications


Opinion analysis: Court rules that Catholic elementary school teachers are “ministers,” cannot sue for employment discrimination

In 2012, the Supreme Court ruled that a doctrine known as the “ministerial exception,” which bars ministers from suing churches and other religious institutions for employment discrimination, prohibited a lawsuit filed by a teacher at a Lutheran school who was also an ordained minister. Today, by a vote of 7-2, the court held in Our Lady of Guadalupe School v. Morrissey-Berru that the exception also forecloses lawsuits by two teachers at Catholic elementary schools in southern California. Althou...
Tags: Featured, Supreme Court, Law, California, Los Angeles, Css, United States, Philadelphia, Catholic, Jesus Christ, Sonia Sotomayor, Fulton, 9th Circuit, The Supreme Court, Torrance, Howe



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