Posts filtered by tags: Kavanaugh[x]


 

'Nobody works harder': insiders recall Kamala Harris's meteoric rise

Longtime California colleagues, friends, and political rivals tell of an unmatched ambition that could take her to the White HouseBefore Trump, before the Kavanaugh hearings, the book tour, the “she’s running” memes, the California senator Kamala Harris sat in St Mary’s Cathedral in San Francisco amid a sea of blue-uniformed police officers.The year was 2004, just a few months into Harris’s first term as San Francisco district attorney – her first elected position. A young police officer, Isaac ...
Tags: California, San Francisco, US news, Democrats, US politics, Kamala Harris, HARRIS, Kavanaugh, St Mary 's Cathedral, US elections 2020, White HouseBefore Trump, Isaac Espinoza


AOC's debut speech as Congresswoman is the most popular Congressional video in C-SPAN history

It's been three days since C-SPAN posted Alexandria Ocasio-Cortez's amazing, stirring freshman speech from the floor of Congress, and it has smashed all Congressional C-SPAN records with 3.1m views (as of the time of writing); at this rate, it may catch up with C-SPAN's most popular Senate video, the Kamala Harris/Brett Kavanaugh video, with 7.14m views. First House Floor speech from Rep. Alexandria Ocasio-Cortez (@AOC): “The truth of this shutdown is that it's actually not about a wall...
Tags: Videos, Twitter, Post, News, Congress, Senate, Democrats, House, C-SPAN, Uspoli, Aoc, Congressional, Kavanaugh, DSA, Howard Mortman, Alexandria Ocasio-Cortez


Herrera v. Wyoming: A Cautionary Encounter with Careless Repudiation

Daniel B. Rice and Jack Boeglin The law of repudiating precedent is hopelessly muddled.  The Supreme Court often simply overrules decisions whose reasoning it chooses to disavow.  But it sometimes stops just short of doing so—repudiating the principle underlying a case without explicitly overruling the case itself.  When those enfeebled decisions are invoked in later litigation, how should the Court understand their residual force?  Have they been “effectively” overruled, overruled sub silent...
Tags: London, Minnesota, Justice, Supreme Court, Court, United States, Wyoming, Branding, Guest Blogger, Ward, Covington, Breyer, Kagan, Mille Lacs, Kavanaugh, Herrera


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


Reargument analysis: Justices seek a “middle position” in takings litigation case

During yesterday’s argument in Knick v. Township of Scott – the second time the court has heard the case this term – the justices seemed to be looking for a compromise position. The court granted review in the case to decide whether to overrule a 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, which requires local-government takings plaintiffs to follow the state’s compensation procedures before alleging a taking in federal court. Williamson County is controversi...
Tags: Featured, Law, Congress, San Francisco, Pennsylvania, United States, Francisco, Sachs, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Morning Docket: 01.17.19

* Jay-Z pointed out that it's nearly impossible to find a diverse arbitrator and Blank Rome says the claim that white arbitrators may be biased against minorities, "dubious, indeed offensive" and "contravenes every published authority on the matter." Every published authority? Bold. [American Lawyer] * Law professor notes that legal technology is going to kill off junior lawyers, which is something I've been saying for years now. [Legal Cheek] * Big 4's coming yo! (Hong Kong edition) [Internat...
Tags: Hong Kong, Supreme Court, Law, Jay-z, Epa, Donald Trump, Courthouse News Service, Trump, Ny Times, Kavanaugh, Blank Rome, Morning Docket, Brett Kavanaugh, Big 4


Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito


Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond

Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. At the granular level, the case, Azar v. Allina Health Services, concerns whether the Department of Health and Human Services was permitted to change, without notice and comment, an important reimbursement formula for hospitals that treat many low-income patients. That question alone determines the fate of $3 to $4 billion. But the stakes are higher because the case requires...
Tags: Featured, Supreme Court, Law, Congress, Medicare, Ruth Bader Ginsburg, National Labor Relations Board, Shah, Thomas, Sonia Sotomayor, APA, HHS, D C Circuit, Department of Health and Human Services, Sotomayor, Bowen


Trump pick to replace Kavanaugh on appeals court under fire for college op-eds on 'hysteria over date rape'

If a woman "drinks to the point where she can no longer choose, well, getting to that point was part of her choice," Neomi Rao wrote in 1994.            [Author: USA TODAY]
Tags: Usa, News, Usa Today, Trump, Kavanaugh, Neomi Rao


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


Argument analysis: When is the government not really the government for immunity from tort liability?

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity. The petitioner, Gary Thacker, argues that an entirely different analysis applies to the TVA, which Congress has made broadly subject to suit without expressly preserving policy immunity. Ann O’Connell Adams, assistant to the U.S. solicitor general (Art Li...
Tags: Featured, Supreme Court, Law, Congress, United States, Adams, Sonia Sotomayor, TVA, John Roberts, Roberts, Alito, Rouse, Tennessee River, Sotomayor, Stephen Breyer, Breyer


Via distinctive 5-4 vote, SCOTUS concludes Florida robbery satisfies "physical force" requirement as Armed Career Criminal Act predicate

In this post last year, I asked "At just what level of Dante's Inferno does modern ACCA jurisprudence reside?".  This cheeky question flows from the challenges and frustrations that surround trying to figure out which prior convictions do and do not serve as predicates for application of the federal Armed Career Criminal Act's 15-year mandatory minimum term.  And today the Supreme Court added still more color to its modern ACCA jurisprudence by handing down its decision in Stokeling v. US, No. 1...
Tags: Florida, Supreme Court, Law, Scotus, Court, US, United States, Johnson, Dante, Thomas, Sotomayor, Breyer, Kavanaugh, ACCA, Douglas A Berman, Thomas J


Trump choice to replace Kavanaugh's old seat wrote articles pointing blame at women for date rape

Neomi Rao, President Donald Trump's choice to take the DC Circuit seat vacated by Justice Brett Kavanaugh, has a history of controversial writings, including authoring articles attributing some blame to women for being raped under the influence of alcohol.
Tags: Cnn, Donald Trump, Kavanaugh, DC Circuit, Brett Kavanaugh, Neomi Rao


Trump choice to replace Kavanaugh's old seat has history of controversial writings

Neomi Rao, President Donald Trump's choice to take the DC Circuit seat vacated by Justice Brett Kavanaugh, has a history of controversial writings, including authoring articles attributing some blame to women for being raped under the influence of alcohol.
Tags: News, Stories, Donald Trump, Kavanaugh, DC Circuit, Brett Kavanaugh, Neomi Rao


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


Justice Kavanaugh joins Chief and more liberal Justices in GVR of Kentucky capital case

This morning's Supreme Court order list is fairly short and is mostly denials of certiorari. But the last page of the order list should intrigue capital sentencing fans, and it contains an order in White v. Kentucky, No. 17-9467, in which the Court vacated the decision below "and the case is remanded to the Supreme Court of Kentucky for further consideration in light of Moore v. Texas, 581 U. S. ___ (2017)." This GVR is made extra interesting because Justice Alito issued this short dissent, whic...
Tags: Texas, Supreme Court, Law, Kentucky, Court, Indiana, Kennedy, Cooper, Webster, Scalia, Moore, Alito, Kavanaugh, Kaushal, Gorsuch, Douglas A Berman


WIRTW #537 (the “Roma” edition)

We are contemplating spending Spring Break in Rome. For those who've been, what's you best tip for first-time visitors? Sights not to be missed? Things that are off the beaten path? Where to stay? Best pizza? Best gelato? Drop a note in the comments below and let me know your Rome tips. Here's what I read this week: Discrimination Google sued for allegedly covering up sexual misconduct allegations — via Engadget  Boys and Thrones and Sexual Harassment — via HR Examiner with John Sumser Liti...
Tags: Google, Law, Rome, Ada, Omega, ERC, McConnell, Troutman Sanders, NLRA, Eric Meyer, Kavanaugh, Spring Break, GrubHub, FLSA, Jon Hyman, Suzanne Lucas


Experts Predict New SCOTUS Majority Will Take On Extreme Gerrymandering

The Supreme Court is slated to hear two blockbuster cases involving extreme partisan gerrymandering this spring—the last best chance for the nation’s highest court to take action on this pivotal issue before the 2020 census and once-a-decade redistricting process the following year. With swing vote Anthony Kennedy retired from the bench and Justice Brett Kavanaugh cementing the court’s 5-4 conservative majority, there’s a legitimate fear that their ruling may not institute a fairer system. Af...
Tags: News, Maryland, Supreme Court, Atlantic, Pennsylvania, Gop, Wisconsin, Republican, North Carolina, Smith, Kennedy, Martin O'malley, Wolf, Democratic, Allegra Kirkland, Democratic Party


Friday round-up

Briefly: Joan Biskupic reports at CNN that “Justice Ruth Bader Ginsburg’s cancer surgery and ongoing recuperation have cast an atmosphere of uncertainty over the Supreme Court at a critical time for its future and as the legal fate of several controversial White House policies hang in the balance.” At the Goldwater Institute’s In Defense of Liberty blog, Jacob Huebert urges the justices to hear a challenge to an Illinois campaign-finance law and to “and make clear that governments cannot use co...
Tags: Supreme Court, Law, White House, Cnn, Illinois, Ruth Bader Ginsburg, Round-up, Adam Feldman, Heritage Foundation, Kavanaugh, Brunetti, Goldwater Institute, Joan Biskupic, Iancu, RBG, Elizabeth Slattery


Here are the Facebook execs who insiders think might leave next (FB)

Facebook has had a wave of executives leave the company in the past 12 months. With the company under pressure, there are likely to be more ousters, defections, and departures. These are some of the top execs to keep an eye on, according to company insiders. Facebook's brutal 2018 was accompanied by a wave of executive departures. As the Silicon Valley tech giant grappled with the Cambridge Analytica scandal and its role spreading hate speech that fueled genocide in Myanmar, several longtime ...
Tags: Facebook, Mark Zuckerberg, Supreme Court, White House, Trends, Levy, Myanmar, Silicon Valley, Parliament, Kevin Systrom, George W Bush, Mike Krieger, Sheryl Sandberg, Jan Koum, Business Insider, Anthony Harrison


Here are the Facebook execs that insiders think might leave next (FB)

A wave of Facebook execs have left the company in the past 12 months And with the company under pressure, there are likely to be more ousters, defections and departures. These are some of the top execs to keep an eye on, according to company insiders. Facebook's brutal 2018 was accompanied by a wave of executive departures. As the Silicon Valley tech giant grappled with the Cambridge Analytica scandal and its role spreading hate speech that fueled genocide in Myanmar, several longtime senior ...
Tags: Facebook, Mark Zuckerberg, Supreme Court, White House, Trends, Levy, Myanmar, Silicon Valley, Parliament, Kevin Systrom, George W Bush, Mike Krieger, Sheryl Sandberg, Jan Koum, Business Insider, Anthony Harrison


Empirical SCOTUS: Which Supreme Court cases are generating the most interest?

This Supreme Court term, like the past several before it, has been slow out of the gates. It also marks another term with a new justice – this time Justice Brett Kavanaugh. The justices often find consensus both early on in a term and after a largescale change, defining or redefining their jurisprudential boundaries only later. The justices have released five decisions in argued cases so far, all of them free even from concurrences. This is a new high count for unanimous decisions without a conc...
Tags: Google, Supreme Court, Law, Alabama, Indiana, Pepper, United States, New York Times, Madison, Apple Inc, Hyatt, American Legion, Frank, John Roberts, Murphy, Weyerhaeuser


Thursday round-up

Richard Re has this blog’s analysis of yesterday’s argument in Franchise Tax Board of California v. Hyatt, in which the justices considered whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Mark Walsh provides a first-hand view of the argument for this blog. For The Washington Post, Robert Barnes reports that during the argument, “two of the court’s most experienced practitioners recounted the founding of the union and the framing ...
Tags: Supreme Court, Law, Indiana, Wyoming, Tennessee, The Washington Post, Hyatt, Round-up, Robert Barnes, Blair, Adam Liptak, Jess Bravin, Brent Kendall, Henry Schein Inc, Mark Walsh, Jessica Mason Pieklo


Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt

Federal courts aficionados have been looking forward to the oral argument in Franchise Tax Board of California v. Hyatt, and the event did not disappoint. The question was whether to overrule the decades-old precedent Nevada v. Hall, which held that states lack sovereign immunity in one another’s courts. The argument largely broke down according to familiar ideological lines, but the discussion still had verve and creativity, in part thanks to the performances of veteran advocates Seth Waxman an...
Tags: Featured, Supreme Court, Law, California, Nevada, Ruth Bader Ginsburg, Hall, Hyatt, Sachs, Sonia Sotomayor, John Roberts, Waxman, Alito, William Rehnquist, Sotomayor, Stephen Breyer


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


Argument analysis: Searching for the least unnatural reading

The second argument on Monday was in Obduskey v. McCarthy Holthus LLP, a case about whether law firms that handle nonjudicial foreclosures are “debt collectors” within the meaning of the Fair Debt Collection Practices Act. If the argument clarified anything, it’s that the FDCPA is a messy statute. This case arises from a crowded corner of consumer law involving significant state and federal regulations that do not always play well together. Colorado foreclosure law requires a firm initiating a n...
Tags: Featured, Law, Congress, Colorado, United States, Ruth Bader Ginsburg, Bond, Mccarthy, Wells Fargo, Fdcpa, Sonia Sotomayor, John Roberts, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Argument analysis: Justices wade deep into the copyright weeds

Tuesday’s argument in Fourth Estate v. Wall-Street.com featured competing interpretations of the phrase “registration of the copyright claim has been made” in 17 U.S.C.§ 411(a), which requires copyright registration as a prerequisite for filing an infringement suit. Because much of the argument focused on niceties of textual interpretation, I’ll quote the language of the relevant subsection: [N]o civil action for infringement of the copyright in any United States work shall be instituted until p...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Copyright Office, Sonia Sotomayor, John Roberts, Ellis, U S Court of Appeals, Elena Kagan, Kagan, Kavanaugh, 11th Circuit, Fourth Estate


Opinion analysis: Kavanaugh’s first opinion rejects vague exception limiting enforcement of arbitration agreements

The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal Arbitration Act, in which the Supreme Court consistently has reversed lower-court decisions refusing to enforce arbitration agreements. Many of those cases have been decided by narrow 5-4 majorities, which has raised the possibility that the ...
Tags: Featured, Supreme Court, Law, Henry Schein, The Supreme Court, Henry Schein Inc, Anthony Kennedy, Kavanaugh, Varela, Oliveira, Merits Cases, Lamps Plus, Brett Kavanaugh, New Prime Inc, Archer White Sales Inc, Kennedy Supreme Court