Posts filtered by tags: Gorsuch[x]


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

Never Say Never

In 2014 I wrote a column about researching Native American Law. In it I discussed the controversy over sports teams whose names and mascots were perceived as being derogatory and racist. The most egregious of these names was that of the Washington Redskins football team. In 2013 their owner, Dan Snyder told USA Today that “We’ll never change the name.” “NEVER – you can use caps.” To read more about the history of opposition to the name see this Wikipedia entry. In 2020 never is now. The US is ro...
Tags: Supreme Court, Law, Congress, White House, Wikipedia, US, United States, Washington Dc, Washington Redskins, Oklahoma, Usa Today, Dan Snyder, Creek, Muriel Bowser, Gorsuch, Legal Information

But also be clear about this: Was Barack Obama wrong to nominate Merrick Garland? You must clearly say that he was or I won't "let you" be clear.

Let me be clear: The voters should pick a President, and that President should select a successor to Justice Ginsburg. — Joe Biden (@JoeBiden) September 19, 2020 ADDED: From Barack Obama's statement on the death of Ruth Bader Ginsburg:Four and a half years ago, when Republicans refused to hold a hearing or an up-or-down vote on Merrick Garland, they invented the principle that the Senate shouldn’t fill an open seat on the Supreme Court before a new president was sworn in.A basic principle of t...
Tags: Supreme Court, Law, Obama, Senate, Barack Obama, Joe Biden, Biden, Ruth Bader Ginsburg, Kamala Harris, Hypocrisy, Donald J Trump, Ginsburg, United States Supreme Court, Gorsuch, Ann Althouse, Clear Speech

Friday round-up

Two Supreme Court justices made public appearances on Thursday — if only virtually — and a third received a lifetime achievement award as the legal academy celebrated Constitution Day. The National Constitution Center awarded its 32nd annual Liberty Medal to Justice Ruth Bader Ginsburg and, in lieu of an in-person ceremony, the center invited Ginsburg’s favorite opera singers and friends to pay tribute to her lifelong work in the law. Justices Stephen Breyer and Neil Gorsuch, meanwhile, particip...
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Round-up, Mark Sherman, Ginsburg, Stephen Breyer, Breyer, Mark Walsh, JESSICA GRESKO, Gorsuch, Neil Gorsuch, Katie Barlow, Kal Golde

Gorsuch, speaking to students on Constitution Day, honors Ginsburg

Justice Neil Gorsuch praised Justice Ruth Bader Ginsburg’s four decades of service as a judge, telling schoolchildren across America on Thursday to “think about the sacrifices she’s made on our behalf. We owe her a very great deal.” Gorsuch’s comments came during a “Virtual Student Town Hall” hosted by the National Constitution Center. The event, streamed by classrooms in schools around the country, was part of a long line of festivities by the center to celebrate Constitution Day. The day’s eve...
Tags: Supreme Court, Law, Congress, Colorado, America, Department Of Justice, Ruth Bader Ginsburg, White, Hamilton, Ginsburg, James Madison, Rosen, Gregory Watson, Gorsuch, What's Happening Now, Byron White

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

Lots and lots of government lawyers on Prez Trump's latest SCOTUS (not-so-)short list

As reported via this release from the White House, this afternoon Prez Trump announced the 20 additions to "his Supreme Court List."  There are a number of perhaps predictable names (e.g., Gregory Katsas) and perhaps surprising names (e.g., Daniel Cameron) on the list, but what I noticed was how many were current or former government lawyers.  Though not too many on the list were actually former criminal prosecutors, all but a few worked for departments of justice and/or in attorney general offi...
Tags: Supreme Court, Law, White House, Politico, Joe Biden, Hillary Clinton, Biden, Donald Trump, Trump, Will Joe Biden, Gorsuch, Douglas A Berman, Prez Trump, Josh Hawley, Gregory Katsas, Biden Trump

Louisiana’s Bold Stance On The Bar Exam, Hurricane (And COVID) Be Damned — See Also

Neither Pandemic Nor Hurricane Will Stop The Louisiana Bar Exam: Which seems entirely foolhardy, but I digress. More Biglaw Good News: Deferred bonuses deferred no more! Biglaw Overbilling Allegations: At a billion-dollar firm. Is The Practice Of Law Forever Changed? Like Outkast says, nothing lasts forever. Fourth Circuit Strikes Down Trans Bathroom Ban: And we have Justice Gorsuch to thank.
Tags: Law, Louisiana, OutKast, Gorsuch, See Also

Thanks, Justice Gorsuch. No, Really!

Citing Bostock decision, Fourth Circuit gives transgender plaintiff Gavin Grimm long-sought victory.
Tags: Supreme Court, Law, Courts, Lgbtq, Fourth Circuit, Gavin Grimm, 4th Circuit, Gorsuch, Elizabeth Dye, Bostock

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: Religions’ wins are losses

This is the first entry in a SCOTUSblog symposium on the Roberts court and the religion clauses. Leslie C. Griffin is the William S. Boyd professor of law at the University of Nevada, Las Vegas. She is the author of Law and Religion: Cases and Materials. She wrote amicus briefs in support of the respondents in Little Sisters of the Poor v. Pennsylvania and Our Lady of Guadalupe School v. Morrissey-Berru, and she is writing an amicus brief in support of the respondent in Fulton v. City of Philade...
Tags: Featured, Supreme Court, Law, Congress, Montana, Fbi, Pennsylvania, United States, Pakistan, Philadelphia, Catholic, Ruth Bader Ginsburg, Salvation Army, Trump, Thomas, Sonia Sotomayor

“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

Wednesday round-up

Briefly: In Slate, Dahlia Lithwick and Molly Olmstead launch a project titled “The Class of RBG,” which tells “[t]he remarkable stories of the nine other women in the Harvard Law class of ’59 – as told by them, their families, and a Supreme Court justice who remembers them all.” The project includes a two-episode podcast series, a collection of short essays and an interview with Justice Ruth Bader Ginsburg herself. USA Today’s Richard Wolf reports that “[t]he coronavirus pandemic has fueled an ...
Tags: Texas, Supreme Court, Law, California, Chicago, Usa Today, Ruth Bader Ginsburg, Chevron, Round-up, John Roberts, Richard Wolf, Clayton County, Chabot, Dahlia Lithwick, Gorsuch, First Congress

Friday round-up

The first week of the court’s summer recess has been a busy one, and the flurry of major time-sensitive rulings continued on Thursday. Shortly before 3 a.m., the justices issued a series of orders allowing the federal government to carry out its second execution this week. About 12 hours later, the justices rejected a request by Florida voters to reinstate a lower-court ruling that would have made it easier for people with felony convictions to vote. Amy Howe, in a story for SCOTUSblog that was ...
Tags: Florida, Supreme Court, Law, Washington Post, Court, Npr, Economist, Round-up, Lazarus, Sonia Sotomayor, U S Supreme Court, John Roberts, Mark Joseph Stern, Roberts, Howe, Nina Totenberg

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: The Trump subpoena cases and the search for normalcy

Peter Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law at the Ohio State University Moritz College of Law. The 2016 victory of Donald Trump after his malignant campaign posed a question for lawyers, judges and government officials that has never really gone away: To what extent should the law treat now-President Trump as a normal president? Both constitutional and administrative law are shot through with doctrines in which challengers to executive branch action are met with “defere...
Tags: Featured, Supreme Court, Law, Congress, White House, United States, Hawaii, House, Deutsche Bank, Donald Trump, Ruth Bader Ginsburg, Justice Department, Committee, Trump, Nixon, Sonia Sotomayor

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

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

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

SCOTUS holds in McGirt, via 5-4 vote with Justice Gorsuch authoring majority opinion, that big part of Oklahoma is a reservation precluding state prosecutions

Proving yet again that he is fully prepared to rule in favor of criminal defendants when he believes he is required to do so by the rule of law, Justice Gorsuch this morning voted with the Supreme Court's more liberal justices to hold in McGirt v. Oklahoma, No. 18–9526 (S. Ct. July 9, 2020) (available here) that a huge part of the state of Oklahoma "remains an Indian reservation for purposes of federal criminal law."  Here is how the opinion of the Court, authored by Justice Gorsuch, gets starte...
Tags: Mississippi, Supreme Court, Law, Congress, Court, Alabama, Georgia, Nebraska, Oklahoma, State, Parker, Tulsa, Creek Nation, Roberts, Creek, Gorsuch

Empirical SCOTUS: Precedent: Which justices practice what they preach

Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to precedent in her dissent from last term’s decision in Knick v. Township of Scott, which overturned the court’s precedent on the issue of eminent domain in the state law context in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City: “[I]t promotes the evenhanded, predictable, and...
Tags: Texas, Supreme Court, Law, Court, United States, Louisiana, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, Wade, John Roberts, Lawrence, Scalia, Roberts, Gamble

Opinion analysis: Fractured court rules in favor of political consultants in First Amendment challenge to federal robocall law but keeps robocall ban in place

On Monday, in a fractured set of opinions, the Supreme Court ruled in favor of an association of political consultants challenging the Telephone Consumer Protection Act of 1991. That statute bans robocalls to cellphones. In 2015 Congress added an exception to permit robocalls collecting government-backed debts. In Barr v. American Association of Political Consultants, the court decided that the 2015 exception violates the First Amendment’s speech clause. The consultants won the constitutional ar...
Tags: Featured, Supreme Court, Law, Congress, Town, Thomas, Reed, Sonia Sotomayor, John Roberts, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, TCPA

Dare criminal justice reformers imagine SCOTUS without both Justice Alito and Justice Thomas?

Because there are no more juicy criminal law or sentencing cases left on the SCOTUS docket as an unusual Term winds down, I cannot help but spend time speculating about the future of the Court.  In an election year, of course, that includes imagining who might be appointed (and might be doing the appointing) for the next four years.  But this recent Fox News piece, headlined "Supreme Court rumor: Hugh Hewitt claims Alito retirement being floated," has me eager to imagine some SCOTUS transitions ...
Tags: Supreme Court, Law, Washington Post, Senate, White House, Conservative, Joe Biden, Gop, Fox News, Costa, Trump, Thomas, Hewitt, John Roberts, Hugh Hewitt, Pence

Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg

Symposium: Espinoza, funding of religious service providers, and religious freedom

Thomas Berg is the James L. Oberstar Professor of Law and Public Policy at the University of St. Thomas (Minnesota). Douglas Laycock is the Robert E. Scott Distinguished Professor of Law at the University of Virginia. They filed an amicus brief on behalf of a number of religious and school groups in support of the petitioners in Espinoza v. Montana Department of Revenue. Tuesday’s ruling in Espinoza v. Montana Department of Revenue came as no surprise. The Montana Supreme Court had invalidated a...
Tags: Featured, Supreme Court, Law, Montana, University Of Virginia, Smith, Madison, Robert, U S Supreme Court, John Roberts, Roberts, Locke, Davey, Trinity Lutheran Church, Montana Supreme Court, Zelman

"Both The Washington Post and The New York Times have front-page articles touting Chief Justice John Roberts as the new 'swing vote.'"

That's a post of mine from 2 years ago... in case you want to act surprised at the Roberts vote in yesterday's abortion case.Back then, I said:The center position is so powerful. Having seen the attention and (faux) adulation given to Justice Kennedy over the years, the Justices must be eyeing the vacancy. Some new person will get Kennedy's seat, but he is likely to be a staunch conservative like Gorsuch. The real vacancy we're seeing is in the "swing vote" position, and any Justice could feel p...
Tags: Justice, Supreme Court, Law, The New York Times, The Washington Post, Kennedy, John Roberts, Roberts, Kagan, Gorsuch, Ann Althouse

Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals

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