Posts filtered by tags: Brett `` Kavanaugh[x]


Argument analysis: Justices close out 2018 term with a spirited discussion about sanctions for violating bankruptcy discharge

It was a far cry from the census case or deep disagreement about proper methods of capital punishment, but the justices heard oral argument yesterday afternoon in Taggart v. Lorenzen, concluding the argument calendars for October Term 2018. As explained in my preview , this case involves the discharge that a debtor receives at the conclusion of a bankruptcy proceeding, which excuses the debtor’s obligation to pay the debts that the discharge covers and bars creditors from later efforts to col...
Tags: Featured, Merits Cases

Justice Kavanaugh and GMU Snowflakes

Justice Brett Kavanaugh U.S.A. –-( George Mason University's Antonin Scalia Law School hired Supreme Court Associate Justice Brett Kavanaugh to co-teach a course this summer called Creation of the Constitution. The course will be held 3,668 miles away, in Runnymede, England, where the Magna Carta was sealed 800 years ago. Some George Mason University students and faculty have become triggered. One student told George Mason's Board of Visitors, “It has affected my mental health k...
Tags: Guns, Supreme Court, Senate, America, South Africa, John, Berkeley, The Washington Post, Democratic Party, U S Supreme Court, George Mason University, Magna Carta, Kavanaugh, George Mason, Cabrera, Tom Davis

Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon

Tuesday afternoon’s oral argument in Rehaif v. United States was not, as a formal matter, about the well-known “felon-in-possession” provision of 18 U.S.C. §§ 922(g) and 924(a)(2). It was supposed to be about a much less commonly charged provision, which makes it a federal crime to possess a firearm while in the United States illegally. On Tuesday, however, the justices seemed to operate on the premise that, if they rule that the government must prove an unauthorized immigrant with a firearm kne...
Tags: Featured, Merits Cases

Roe v. Wade ‘Could Well Be Overturned’ With Kavanaugh on the Court, Planned Parenthood President Says

Planned Parenthood’s Dr. Leana Wen said Roe v. Wade, the landmark Supreme Court ruling that legalized abolition, “could well be overturned” with the addition of Brett Kavanaugh to the nation’s highest court. “I’m a doctor and a scientist and I have to look at the evidence,” Wen told TIME the TIME 100 Gala on Tuesday.…
Tags: News, Supreme Court, Uncategorized, Wen, Roe, Kavanaugh, Leana Wen, TIME 100, Brett Kavanaugh, Onetime, 2019 TIME 100

A “view” from the courtroom: Counting to five

Today is the oral argument in one of the term’s biggest cases, Department of Commerce v. New York, about the Trump administration’s efforts to add a citizenship question to the 2020 census. It is also a rare day for afternoon arguments, and rarer still because there will be two of those. Solicitor General Noel G. Francisco at lectern (Art Lien) When the court squeezed the census case into its already announced April calendar, it made the wise decision to push the two cases that were originall...
Tags: New York, Featured, Supreme Court, Law, Congress, United States, Commerce, House, House Of Representatives, United Nations, Wisconsin, Un, Francisco, Mitchell, Trump, Sonia Sotomayor

Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

Under Wisconsin law, anyone who drives on the state’s roads is assumed to have consented to have his blood tested for alcohol and drugs. The state’s laws also assume that a driver who is unconscious has not withdrawn that consent. Today – in a rare afternoon session – the Supreme Court heard oral argument in a challenge to the constitutionality of the provision allowing a blood test of an unconscious driver without a warrant. After an hour of debate, it wasn’t entirely clear how the justices mig...
Tags: Featured, Supreme Court, Law, Wisconsin, Ruth Bader Ginsburg, Mitchell, John Roberts, Roberts, Howe, Ginsburg, Department of Motor Vehicles, Alito, Stephen Breyer, Breyer, Elena Kagan, Kagan

Argument analysis: Justices appear likely to endorse broader reading of FOIA exemption for “confidential” commercial information

An observer might be excused if she was confused by Monday’s oral argument in Food Marketing Institute v. Argus Leader Media. The case concerns the application of the term “confidential” commercial or financial information in Exemption 4 of the Freedom of Information Act to grocery-store data collected from transactions involving debit cards issued to Supplemental Nutrition Assistance Program benefits recipients. A South Dakota newspaper had requested the data as part of its investigations into ...
Tags: Featured, Supreme Court, Law, Congress, Usda, National Parks, South Dakota, Foia, Circuit, Ruth Bader Ginsburg, Young, Morton, Sonia Sotomayor, John Roberts, U S Department of Agriculture, Supplemental Nutrition Assistance Program

Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census

The Supreme Court heard oral argument this morning in the dispute over the Trump administration’s decision to include a question about citizenship on the 2020 census. The federal government says that the Department of Justice wants data about citizenship to better enforce federal voting rights laws. But the challengers in the case counter that asking about citizenship will lead to an inaccurate count, because households with undocumented or Hispanic residents may not respond. After roughly 80 mi...
Tags: Florida, New York, Texas, Featured, Supreme Court, Law, Congress, United States, Ireland, House, United Nations, Ohio, Nancy Pelosi, Department Of Justice, Ruth Bader Ginsburg, Francisco

Conservative Justices Seem Inclined To Keep Citizenship Question On Census

With so much at stake — the apportionment of political power nationwide, the adequate representation of immigrant communities, the scope of executive power —the Supreme Court arguments Tuesday over whether the Trump administration could add a citizenship question to the 2020 census wound up being highly technical. The much-anticipated hearing included ample discussion of phrases like “comparative errors,” “maximal need,” and “credible quantitative evidence.” What was not evident was any un...
Tags: New York, News, Supreme Court, Congress, Commerce, Aclu, United Nations, Dc, Francisco, Justice Department, Ross, Trump, Tierney Sneed, Ho, Sonia Sotomayor, John Roberts

Justices pass on opportunity to define liability for inadequate disclosures about tender offers

The Supreme Court this morning dismissed Emulex Corp. v. Varjabedian a week after oral argument, passing on an opportunity to clarify the standard of liability under the securities laws for misleading disclosures about tender offers. Because the Supreme Court’s order dismissing the case is only a single line – stating that the case has been “dismissed as improvidently granted” – there is no way to know for sure why the court disposed of the case this way. Having said that, the discussion at the ...
Tags: Featured, Supreme Court, Law, Congress, Sonia Sotomayor, John Roberts, Goldstein Russell, Merits Cases, Emulex, Emulex Corp, Brett Kavanaugh, Varjabedian, Securities Exchange Act Although the Supreme Court

Supreme Court hears arguments over citizenship question on census

By MARK SHERMAN WASHINGTON — Conservative Supreme Court justices were mostly silent Tuesday as a Trump administration lawyer defended the government’s plan to ask about citizenship on the 2020 census , an indication the court’s majority may be inclined to side with the administration. Critics say adding the question would discourage many immigrants from being counted, leading to an inaccurate count, and liberal justices peppered the administration’s top Supreme Court lawyer with questions as the...
Tags: Politics, New York, News, Supreme Court, Congress, Washington, Uncategorized, Sport, Soccer, Commerce, House Of Representatives, Kansas, Donald Trump, Ruth Bader Ginsburg, Francisco, Justice Department

Argument analysis: Employment discrimination law’s “natural experiment”

As it turns out, oral argument in Fort Bend County v. Davis was not the most headline-grabbing Title-VII-related news emanating from the Supreme Court yesterday. Disagreement among the justices seemed relatively muted as they wrestled with whether the requirement that employment discrimination plaintiffs present their claims to the Equal Employment Opportunity Commission before filing lawsuits is a jurisdictional prerequisite or merely a claim-processing rule. Raffi Melkonian for respondent (A...
Tags: Featured, Supreme Court, Law, Congress, Davis, Ruth Bader Ginsburg, Bond, John Roberts, EEOC, Equal Employment Opportunity Commission, Roberts, Ginsburg, Alito, U S Court of Appeals, Westlaw, Samuel Alito

Supreme Court to hear 3 cases on LGBT workplace discrimination

The Supreme Court will decide whether the Civil Rights Act of 1964 also applies to gay and transgender people.The court, which currently has a probable conservative majority, will likely decide on the cases in 2020. Only 21 states and the District of Columbia have passed laws effectively extending the Civil Rights of 1964 to gay and transgender people. None The Supreme Court announced on Monday plans to hear three cases that will help decide the future of workplace rights for gay and transgender...
Tags: Sixth Circuit, Supreme Court, Law, Government, Lgbt, Atlanta, Policy, Gay, Innovation, Michigan, District Of Columbia, Kennedy, Cincinnati, Anthony Kennedy, United States Court of Appeals, Trump Administration

Supreme Court Will Take Up LGBT Job Discrimination Cases In The Fall

WASHINGTON (AP) — The Supreme Court will decide whether the main federal civil rights law that prohibits employment discrimination applies to LGBT people. The justices say Monday they will hear cases involving people who claim they were fired because of their sexual orientation. Another case involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman. The cases will be argued in the fall, with decisions likely by June 20...
Tags: New York, News, Supreme Court, Obama, Congress, Washington, Lgbt, Atlanta, Georgia, Ap, Chicago, Michigan, Discrimination, Donald Trump, Cincinnati, Trump

US Supreme Court to decide if it's legal to fire people for being gay

The Supreme Court has agreed to hear arguments over a slate of cases that could effectively determine whether US employers have the right to fire someone for being LGBTQ+. The nation’s highest court said Monday it would hear legal arguments for Altitude Express Inc v Zarda, Bostock v Clayton County and RG & GR Harris Funeral Homes v EEOC — all three of which deal with various forms of alleged employment discrimination. The Harris Funeral Homes case involves accusations of anti-transgender discri...
Tags: News, Justice, Supreme Court, US, Lgbtq, Donald Trump, US supreme court, Trump, HARRIS, Seventh Circuit Court of Appeals, EEOC, Ian Millhiser, Clayton County, Anthony Kennedy, Second Circuit Court of Appeals, Brett Kavanaugh

George Mason University Doesn’t Care That Students Oppose Brett Kavanaugh’s Hire

"Even if the outcome is painful, what's at stake is very, very important for the integrity of the university."
Tags: News, George Mason University, Brett Kavanaugh

Report Reveals McGahn’s Personal Hell Of Repeatedly Rebuffing An Angry Trump

As the White House waited for the special counsel’s redacted report to come out this week, they were reportedly biting their nails in particular about what ex-White House counsel Don McGahn told Robert Mueller. Now that the report is out, it’s easy to understand why. McGahn was an essential witness in the obstruction of justice portion of the investigation, telling Mueller in detail about his firsthand experiences with Trump’s efforts to block, derail and terminate the special counsel probe. T...
Tags: News, Supreme Court, Washington Post, White House, Russia, Reagan, The New York Times, Times, Donald Trump, Reince Priebus, Obstruction, John Kelly, Trump, Allegra Kirkland, Kelly, Porter

Argument analysis: Justices worry about extending California wage-and-hours laws to offshore drilling platforms

On Tuesday, the Supreme Court heard oral argument in Parker Drilling Management Service, Ltd. v. Newton, a case about whether workers employed on drilling platforms more than three miles off the coast of California are entitled to the protections of California’s more worker-friendly wage-and-hours law or whether a federal statute, the Outer Continental Shelf Lands Act, limits them to the benefits required by the Fair Labor Standards Act. The justices seemed intrigued (and occasionally frustrated...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Ruth Bader Ginsburg, Newton, Paul Clement, Michael, Sonia Sotomayor, John Roberts, 9th Circuit, Interior, Roberts, Ginsburg

Argument analysis: “The last Johnson domino to fall”?

Today the Supreme Court considered “the last Johnson domino to fall” (at least potentially). The case, United States v. Davis, involves the possible implications of the Supreme Court’s 2015 decision in Johnson v. United States. Johnson invalidated the residual clause of the Armed Career Criminal Act, a statute that imposes additional punishment on persons with multiple prior convictions for “violent felonies.” Johnson held that the now-defunct residual clause of the ACCA, which defined a viol...
Tags: Featured, Supreme Court, Law, Congress, Beck, United States, Davis, Johnson, Blackstone, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Breyer, Elena Kagan

Abortion providers ask Supreme Court to take up appeal

In early February, the Supreme Court put a temporary hold on a Louisiana law that requires doctors who perform abortions in the state to have the authority to admit patients at a nearby hospital. Chief Justice John Roberts joined the court’s four more liberal justices in granting a request from abortion providers to bar the state from enforcing the law until the providers could file a petition for review of a ruling by the U.S. Court of Appeals for the Fifth Circuit upholding the law. That petit...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Kennedy, Antonin Scalia, John Roberts, Scalia, Howe, Anthony Kennedy, U S Court of Appeals for the Fifth Circuit, 5th Circuit, Cases in the Pipeline, What's Happening Now, Brett Kavanaugh

Law School Refuses To #CancelKavanaugh

There was no way the school would budge, but it was worth a shot.
Tags: Law, Law Schools, Quote Of The Day, Brett Kavanaugh, Mason 4 Survivors, Alison Price

Brett Kavanaugh’s TIME Profile Is Designed To Make Me Vomit

It's so annoying when somebody trolls you and wins.
Tags: Supreme Court, Law, Courts, Time Magazine, Brett Kavanaugh, Christine Blasey Ford

Woman Behind Ohio Heartbeat Abortion Ban Gets Disinvited From Bill Signing

COLUMBUS, Ohio (AP) — One of the nation’s fiercest advocates for banning abortions at the first detectable heartbeat was missing when Republican Gov. Mike DeWine signed the bill into Ohio law. Legislative leaders, bill sponsors, pastors, pregnancy center operators and members of Ohio Right to Life — the state’s leading anti-abortion group — attended Thursday’s bill signing. Absent was anti-abortion activist Janet Folger Porter, founder and president of Faith2Action, the group she used to origi...
Tags: News, Senate, Barack Obama, Ap, Gop, Abortion, Ohio, John Kasich, Roy Moore, Wade, Statehouse, Porter, Hill, Kasich, COLUMBUS Ohio, Ohio Senate

Argument analysis: Justices debate time travel in assessing liability for inadequate disclosures about tender offers

The argument yesterday in Emulex Corp. v. Varjabedian presented the justices with an odd interpretive problem about revisions to the securities laws made in the 1960s to govern tender offers. At that time, federal courts commonly read statutes as “implying” private rights of action, permitting private parties to file suit to enforce the securities laws whenever it seemed a useful way to ensure compliance. So when Congress wrote the provision proscribing misleading information in disclosures abou...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Stephen Breyer, Elena Kagan, Kagan, Goldstein Russell, Merits Cases, Emulex Corp, Brett Kavanaugh

Trump reportedly promised to pardon CBP head if he violated immigration law – live

President told Kevin McAleenan he would pardon him if he were jailed for illegally blocking asylum seekers from entering the US, CNN reportsAssange’s charges are a direct assault on press freedom, experts warn Sign up for the US briefing and get a new perspective 9.36pm BST Stephen Moore, Donald Trump’s pick for the federal reserve board, has a history of self-described “radical” views, according to speeches and radio interviews reviewed by CNN. “I’m not even a big believer in democracy,” he...
Tags: US, Barack Obama, US news, Cnn, US politics, Maine, Washington Dc, Susan Rice, Associated Press, CBP, US immigration, Susan Collins, Collins, Rice, Trump, Trump Administration

Morning Docket: 04.12.19

* Judge Maryanne Trump Barry recently retired from the Third Circuit, meaning that not only will the judicial ethics inquiry into her alleged inheritance tax evasion be all for naught, but her little brother, President Donald Trump, will appoint her successor. [Associated Press] * No, it isn't true that Justice Ruth Bader Ginsburg's Supreme Court papers won't be released "until a hundred years after the last justice with whom she has served is no longer alive." Much like conspiracy theorists' c...
Tags: Supreme Court, Breast Cancer, Law, Ukraine, House Of Representatives, Antitrust, Associated Press, Department Of Justice, Donald Trump, Ruth Bader Ginsburg, Doj, Law Schools, Biglaw, Martin Shkreli, Third Circuit, Mueller

Ask the author: “Mr. Everything” – Joan Biskupic on Chief Justice John Roberts

The following is a series of questions posed by Ronald Collins to Joan Biskupic about Biskupic’s book “The Chief: The Life and Turbulent Times of Chief Justice John Roberts” (Basic Books, 2019, 432 pp., cloth: $32.00). Joan Biskupic is a legal analyst at CNN and the author of three previous biographies of Supreme Court justices. She has also served as the Supreme Court correspondent for The Washington Post and USA Today. Welcome Joan, and thank you for taking the time to participate in this qu...
Tags: Featured, Supreme Court, Law, Washington Post, Boston, Court, Book Reviews, America, Barack Obama, Reagan, Cnn, Harvard, Citizens United, Arizona, Republican, Usa Today

Progressive Group To Run Ads Urging University To Fire Brett Kavanaugh

"The hiring of accused sexual assaulter Brett Kavanaugh at George Mason University is unacceptable," the ad reads.
Tags: News, George Mason University, Brett Kavanaugh, Progressive Group To Run Ads Urging University

Wednesday round-up

Briefly: At The Daily Caller, Kevin Daley reports that “the April 1 decision in Bucklew v. Precythe suggests the newly entrenched conservative majority may well be the most execution-friendly bench in decades.” At National Review, Carrie Severino pushes back against a recent suggestion that new Justice Brett Kavanaugh is proving less conservative then expected, remarking that “[a] full term on the Court is a short period to make generalizations about judicial performance” and asking how “any hi...
Tags: Supreme Court, Law, Court, Round-up, Bucklew, Common Cause, Carrie Severino, Brett Kavanaugh, Kevin Daley, Rucho, Benisek, Lamone, Precythe, Mike Stephens, Junaid Odubeko

Sexual Assault Survivors Protest George Mason’s Hire Of Brett Kavanaugh

The university hired the Supreme Court justice last month as a visiting professor for a study-abroad course in England.
Tags: News, Supreme Court, George Mason, Brett Kavanaugh