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Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg


Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents

Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed, I doubt the court has r...
Tags: Featured, Supreme `` Court, Law, Congress, United States, Ruth Bader Ginsburg, Thomas, Henry Schein, John Roberts, Ginsburg, Kavanaugh, INS, Oliveira, Gorsuch, Merits Cases, Chadha


Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters


Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton


"Sources confirmed to Fox News that the White House has quietly reached out to a small number of GOP lawmakers and conservative legal advocates, reassuring them it would be ready for any court vacancy."

"Under new White House Counsel Pat Cipollone, a ready list of top-tier candidates is being updated. The low-key, unofficial heads-up is similar to when rumors of Justice Anthony Kennedy's retirement were rampant in 2017 and 2018. He announced last June he would leave the court."From "Ginsburg absence shakes court: White House makes preparations, coming weeks seen as key" (Fox News). [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, White House, Gop, Fox News, Ginsburg, Anthony Kennedy, Ann Althouse, Pat Cipollone


Book review: “Ruth Bader Ginsburg”: The evolution of a justice

One might think that the market for treatments of the life and legacy of Justice Ruth Bader Ginsburg would be saturated by now. The past three years alone have seen the release of a carefully curated collection of the justice’s writings, “My Own Words,” a surprise hit documentary about her life and career, “RBG,” and a recent feature film, “On the Basis of Sex,” which focuses on the first sex-discrimination case Ginsburg argued in federal court. Now comes “Ruth Bader Ginsburg: A Life,” by Jane...
Tags: Featured, Sweden, Supreme Court, Law, Virginia, Book Reviews, Brooklyn, United States, Aclu, Bill Clinton, Naacp, Ruth Bader Ginsburg, Columbia Law School, Harvard Law School, Senate Judiciary Committee, American Civil Liberties Union


It’s Gonna Be A Long, Cold Winter — See Also

ROD ROSENSTEIN IS LEAVING: Saving Bill Barr the trouble of firing him. ANY LAW SCHOOL #METOO STORIES YOU'D LIKE TO SHARE? Apparently, we're more willing to listen than your law school. WAIT, HE'S A FUGITIVE NOW? Some Jason Lee Van Dyke news. GINSBURG'S ABSENCE ISN'T THAT LONG: Compared to others. ESCAPING THE GOLDEN HANDCUFFS: New Year, same hopes and dreams of freedom.
Tags: Law, Ginsburg, Rod Rosenstein, Bill Barr, See Also, Jason Lee Van Dyke


A “view” from the courtroom: Comity Central

This term of the court has had plenty of arguably boring cases on statutory interpretation, pre-emption and procedure. But every now and then a low-key case comes along that results in an argument amounting to a heady constitutional seminar. Today’s lone case for argument, Franchise Tax Board of California v. Hyatt, will be one of those. Seth P. Waxman for petitioner (Art Lien) When the court takes the bench, Justice Ruth Bader Ginsburg is again absent as she recuperates from her recent lu...
Tags: New York, Featured, Maryland, Supreme Court, Law, California, Georgia, United States, Hawaii, Social Security, Broadway, Nevada, University Of California Berkeley, Social Security Administration, Ruth Bader Ginsburg, Hall


Morning Docket: 01.09.19

* In case you missed President Trump's wall speech, he stopped short of declaring a national emergency at the border (lost that bet), instead referring to the situation as a "growing humanitarian crisis" -- a "manufactured" one, per Senate Minority Leader Chuck Schumer. [USA Today] * Remember the contempt order against a state-owned foreign corporation that Chief Justice Roberts stayed in the Mueller probe? The Supreme Court restored it, and that company filed for cert under seal. Suspense! [Na...
Tags: Supreme Court, Law, Government, Senate, Marijuana, Usa Today, Donald Trump, Abc News, Ruth Bader Ginsburg, Government Shutdown, Law Schools, Biglaw, Health & Wellness, Trump, Hill, Roberts


Argument analysis: Gleaning the FDA’s meaning for impossibility pre-emption

Much of the federal government may be in shutdown mode, but the Supreme Court is still open for business. The Supreme Court opened its January session Monday morning with argument in Merck Sharp & Dohme Corp. v. Albrecht, a case about the workings of the Food & Drug Administration (still partially open) and when the agency’s actions may insulate drug manufacturers from state tort suits through “impossibility pre-emption.” An important and often-used litigation defense for manufacturers, impossib...
Tags: Featured, Supreme Court, Law, Merck, United States, Fda, Sonia Sotomayor, Stewart, John Roberts, Albrecht, Roberts, Ginsburg, Levine, Sotomayor, Stephen Breyer, Breyer


Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest. Gregory Ablavsky previewed the case for this blog. Cecilia Bruni and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. At Bloomberg Law, Jordan Rubin reports that this is “the third high court clash this term asking the justices to parse an old treaty’s modern e...
Tags: Supreme Court, Law, Ap, United States, Wyoming, Missouri, House Of Representatives, Davis, Sudan, Usa Today, Donald Trump, Ruth Bader Ginsburg, Doj, The Washington Post, Cornell, Trump


"It Might Be Time to Start Fireproofing the Reichstag/Ruth Bader Ginsburg's absence signals our last line of defense is in peril."

Writes Charles P. Pierce in Esquire.It's time for everyone to start getting used to the fact that, unless some massive legal apocalypse intervenes, the president is going to get at least one more nominee for the United States Supreme Court and that, barring a sudden desire to keep the republic from turning entirely to guacamole, the Senate is going to rubber-stamp Justice Wingnut McWingnutty onto the Court for the next 40 years.....[And Trump] has announced that he will give a Big Boy speech on ...
Tags: Law, Senate, Ruth Bader Ginsburg, Trump, Ginsburg, Pierce, United States Supreme Court, Charles P. Pierce, Ann Althouse, Trump and immigration, Trump and the judiciary, Wingnut McWingnutty


The justices return, without Ginsburg or any new grants (Updated)

[Editor’s Note: This post was updated to cover the four cases in which the Supreme Court asked the U.S. solicitor general to file briefs.] The justices returned to the bench today for the first arguments of the new year. Justice Ruth Bader Ginsburg, who had surgery on December 21 to remove two cancerous growths from her lungs, was not on the bench this morning; a court spokeswoman indicated that she would still participate in today’s cases based on the briefs and transcripts. The justices issued...
Tags: Texas, Featured, Supreme Court, Law, Virginia, New York City, Court, Georgia, Indiana, United States, Citigroup, Argentina, Ohio, Atkins, Lgbtq, Ruth Bader Ginsburg


"Justice Ruth Bader Ginsburg will not be on the bench Monday when the Supreme Court hears oral arguments, the first time in her career she has missed a session."

Writes Robert Barnes at WaPo.“As long as I can do the job full steam, I will do it,” Ginsburg said last year. She has hired law clerks through the 2020 term.From the comments at WaPo: "11 more months until an election year, where we cannot replace Justices. Hang in there Ruth!" [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Ruth, Robert Barnes, Ginsburg, WaPo, Ann Althouse


Purported SCOTUS originalists and liberals, showing yet again that they are faint-hearted, refuse to consider extending jury trial rights to restitution punishments

I noted in this post the array of per curiam rulings and statements that the Supreme Court released today to get 2019 off to an interesting criminal justice start.  Regular readers will not be surprised to learn that one particular decision, namely the decision to deny certiorari in Hester v. US, has me revved up.  Hester involves a claim that the Sixth Amendment jury trial right recognized in Apprendi, Blakely, Booker and Southern Union is applicable to cases in which findings are essential for...
Tags: Supreme Court, Law, Washington, US, America, United States, Smith, Kennedy, Jones, Commonwealth, Thomas, Henry Viii, State, Somerville, Roberts, Ginsburg


Supreme Court order list full of (state-friendly) criminal justice per curiams and notable cert denial with statements

The Supreme Court is full back in action for the New Year, beginning with this new long order list with the always-expected long list of denials of certiorari and denials of rehearing. But the list also includes these two notable per curiam rulings: City of Escondido v. Emmons, No. 17-1660, which summarily reverses/vacates a Ninth Circuit ruling that two officers were not entitled to qualified immunity in a excessive force case. Shoop v. Hill, No. 18-56, which summarily vacates a Sixth Circuit ...
Tags: Sixth Circuit, Supreme Court, Law, US, Georgia, Ohio, Ginsburg, Alito, Ninth Circuit, Sotomayor, Emmons, Kagan, Escondido, Hester, Shoop, Gorsuch


Thursday round-up

Briefly: For the ABA Journal, Mark Walsh previews Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing, noting that “[o]ne thing seems clear: Some 85 years after the 21st Amendment was ratified, lower courts are still eager to get further guidance from the Supreme Court.” In an op-ed for The New York Times, Linda Greenhouse takes issue with Justice Clarence Thomas’ increasingly influential argument that, by re...
Tags: Supreme Court, Law, Obama, Tennessee, Donald Trump, Ruth Bader Ginsburg, ABA Journal, Round-up, Blair, Richardson, Ginsburg, Gilbert Sullivan, James Madison, Clarence Thomas, Mark Walsh, Anthony Kennedy


SCOTUS Map: December 2018

Civility and collegiality continued to be a theme in the Supreme Court justices’ appearances this month. On a December 7 visit to Duquesne University, Justice Sonia Sotomayor recounted a conversation about civility with the other justices. Previous justices were at times openly hostile to one another, and the court’s current era of collegiality is perhaps more of an exception than the rule. According to Sotomayor, retired Justice Sandra Day O’Connor was in large part responsible for this chang...
Tags: Hollywood, Featured, Nbc, Supreme Court, Law, Congress, Washington, America, Cnn, United States, Netherlands, Npr, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Variety


Wednesday round-up

Briefly: A.O. Scott reviews “On the Basis of Sex,” a new movie about the early career of Justice Ruth Bader Ginsburg, writing in The New York Times that “[t]his is, almost literally, the story of how Ginsburg found her voice.” At Law and Liberty, Mark Pulliam argues that after last term’s decision in union-fees case Janus v. AFSCME, “[t]he rationale for upholding compulsory dues to unified bar associations has been discredited,” and that “the Court’s recent action in Fleck v. Wetch, overturning...
Tags: Supreme Court, Law, North Dakota, New York Times, Ruth Bader Ginsburg, Round-up, Scott, Ginsburg, Janus, Fleck, Eighth Circuit, AFSCME, Mark Pulliam, the Court, Wetch


Monday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that on Saturday “the Supreme Court was asked to step into a clash over a grand jury subpoena that is widely believed to be related to Special Counsel Robert Mueller’s investigation into interference in the 2016 election,” when, “[i]n a filing made under seal, an unnamed corporation … apparently asked the justices to block the subpoena after the lower courts refused to do so”; on Sunday Chief Justice John Roberts...
Tags: Supreme Court, Law, Court, Bloomberg, Cnn, United States, New York Times, Fox News, Npr, Ruth Bader Ginsburg, Trump, Round-up, John Roberts, Larrabee, The Supreme Court, Roberts


Ginsburg has cancerous growths removed from lung

Justice Ruth Bader Ginsburg had two cancerous growths removed from her left lung today, . After the surgery, which was performed at New York’s Memorial Sloan Kettering Cancer Center, there was no sign of any other growths in her lung, and Ginsburg is resting comfortably in her hospital room. The growths were discovered while Ginsburg was being treated for injuries to her ribs, which she fractured in a fall at the Supreme Court on November 7. The public information office indicated that scans pe...
Tags: New York, Featured, Supreme Court, Law, Ruth Bader Ginsburg, Howe, Ginsburg, Memorial Sloan Kettering Cancer Center, What's Happening Now


"The Supreme Court says Justice Ruth Bader Ginsburg had surgery to remove two malignant growths from her left lung."

"The court says doctors found 'no evidence of disease elsewhere in the body.'"ADDED: Ginsburg was diagnosed with colon cancer in 1999 and pancreatic cancer in 2009 and was treated successfully. She is 85 years old. [Author: [email protected] (Ann Althouse)]
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Ginsburg, Ann Althouse


Wednesday round-up

At NPR, Nina Totenberg reports that “[a] specially appointed federal panel of judges has dismissed all 83 ethics complaints brought against Justice Brett Kavanaugh regarding his conduct at his confirmation hearings,” “conclud[ing] that while the complaints ‘are serious,’ there is no existing authority that allows lower court judges to investigate or discipline Supreme Court justices.” Additional coverage comes from Kevin Daley at The Daily Caller, Joan Biskupic at CNN, Samuel Chamberlain at Fox ...
Tags: Supreme Court, Law, Washington Post, Npr, Usa Today, Donald Trump, Ruth Bader Ginsburg, Aba, Round-up, U S Supreme Court, Robert Barnes, Richard Wolf, Ginsburg, Nina Totenberg, Kavanaugh, Joan Biskupic


Running interference for Biden.

I am going to unfollow and block anyone that spouts the "age" shit.Ageism is NO different from sexism - or racism, or homophobia.A person is either competent - or they fucking aren't.It has NOTHING to do with their fucking age.Go ask Pelosi - and RBG. — Happy Holidays (@perpetualTJ) December 17, 2018 Ageism is different, by the way, because everyone ages. Race and sex are — if not, as we used to say, immutable — relatively fixed and not on any sort of regular pathway of one-directional change...
Tags: Law, Aging, Joe Biden, Hillary Clinton, Nancy Pelosi, Biden, Ginsburg, Pelosi, Ann Althouse, Analogies, RBG


Argument analysis: Majority appears ready to uphold “separate sovereigns” doctrine

When Terance Gamble was pulled over by police in Alabama three years ago for having a faulty headlight, he probably didn’t think that prosecutors would make a federal case out of it. And he certainly wouldn’t have imagined that his case would make national headlines – not so much for its own sake, but because of what a win for Gamble might mean for prosecutions arising from Special Counsel Robert Mueller’s investigation into possible Russian interference in the 2016 election. Both of these thing...
Tags: England, Featured, Supreme Court, Law, Alabama, United States, Donald Trump, Ruth Bader Ginsburg, John Roberts, Louis, Roberts, Gamble, Howe, Ginsburg, Alito, Stephen Breyer


Argument analysis: Justices wrestle with scope of cross-examination of social security experts

On Tuesday, the Supreme Court heard argument in an important Social Security Disability Insurance case, Biestek v. Berryhill. At issue was whether the Social Security Administration may ground a decision to deny benefits on the opinion of a vocational expert who refuses to disclose the data on which that opinion relies. Under the regulations, once a claimant has demonstrated that a severe impairment prevents her or him from returning to past relevant work, the agency must show that jobs exist in...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, SSA, Yang, Roberts, Ginsburg, Alito, Sotomayor, Stephen Breyer, Elena Kagan


Of Brownies and Other Nutty Desserts: Supreme court considers whether the “on sale” bar is limited to public sales

Guest Post by Dmitry Karshtedt, Professor at GW Law.  Prof. Karshtedt attended the Supreme Court oral arguments in Helsinn v. Teva, and provides the following discussion.  A transcript of the arguments is available here: Helsinn Transcript. The oral argument in Helsinn Healthcare v. Teva Pharmaceuticals had a little bit of everything. First, the Court extensively aired the statutory interpretation question whether the phrase “otherwise available to the public” in the America Invents Act (AIA) ex...
Tags: Supreme Court, Law, Congress, Court, United States, Jay, AIA, Patent, Ginsburg, Alito, PTO, Sotomayor, Breyer, Kagan, Teva, Kavanaugh


Empirical SCOTUS: Differences between “Obama” and “Trump” judges, while sometimes subtle, can’t be denied

Justices of the Supreme Court rarely give public comments on words or actions of members of the elected branches of the federal government. This made the recent spat between Chief Justice John Roberts and President Donald Trump over the role of partisanship in the federal judiciary all the more surprising and powerful. Although phrased in terse sentences (Trump’s were via Twitter), their words left much to unpack. What began as Trump decrying the decision of an “Obama judge” (a judge appointed b...
Tags: Supreme Court, Law, Obama, Congress, Barack Obama, Department Of Defense, Chicago, District Of Columbia, Donald Trump, National Labor Relations Board, Clinton, Trump, Bush, Lewis, Morris, John Roberts


Argument analysis: What would John Marshall do?

“[I]n McCulloch vs. Maryland, the court said that in general we don’t want to be micromanaging all the details of state taxation,” attorney Lawrence Rosenberg told the justices at the end of Monday’s oral argument in Dawson v. Steager. That’s not the way that McCulloch is usually remembered—far more famous is Chief Justice John Marshall’s statement in the 1819 case equating “the power to tax” with “the power to destroy.” But in any event, it was apparent by the end of the argument that the curre...
Tags: Featured, Maryland, Law, Senate, West Virginia, United States, Ruth Bader Ginsburg, Charleston, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Lindsay, Rosenberg, Sotomayor, Stephen Breyer


Argument analysis: Laughing and tolling the time to appeal class certification orders

Anyone who believes civil procedure is not funny should read the transcript of Tuesday’s argument in Nutraceutical Corp. v. Lambert, which showed eight interruptions for laughter in a case considering whether the 14-day period for appealing a class-certification decision is subject to equitable tolling based on concerns for fairness and justice. No one knew interlocutory appeals could be so humorous. The main provision at issue in the case is Federal Rule of Civil Procedure 23(f), which provides...
Tags: Featured, Law, Congress, California, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, Lambert, U S Court of Appeals, Sotomayor, Breyer, Elena Kagan, Kagan



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