Posts filtered by tags: Paul Clement[x]


 

Justice Ginsburg the writer: Something in between

This tribute is part of a series on the life and work of the late Justice Ruth Bader Ginsburg. Ross Guberman is the president of Legal Writing Pro, the creator of BriefCatch, the author of Point Taken and Point Made, and the opinion-writing trainer for new federal judges. “Delighted to see the Supreme Court is interested in beer drinkers,” wrote Ruth Bader Ginsburg, then the 42-year-old head of the ACLU’s Women’s Rights Project and a professor at Columbia Law. Her correspondent: Fred Gilbert, co...
Tags: Featured, Supreme Court, Law, Virginia, Barack Obama, United States, Aclu, Oklahoma, Ruth Bader Ginsburg, Craig, Columbia, Paul Clement, Gore, Bush, Windsor, Antonin Scalia


Here are all of Trump's possible Supreme Court nominees, including several conservative judges, lawyers, and 3 senators

US Supreme Court in Washington, DC. Eric Thayer/Reuters The death of Supreme Court Justice Ruth Bader Ginsburg has raised the stakes for the fate of the Supreme Court. President Donald Trump earlier this month announced 20 new names that he may nominate if he's reelected, in an effort to energize evangelicals and socially conservative voters. Though Trump may put forth a pick before then because of the sudden vacancy created by the late Ginsburg. Trump added Republican Sens. Ted Cruz, Josh...
Tags: Utah, Politics, Texas, News, Supreme Court, Scotus, Colorado, Montana, Washington, Mexico, Kentucky, Senate, White House, US, Trends, Georgia


Ruth Bader Ginsburg Dies, Just as President Trump Releases His List of SCOTUS Judges

Ruth Bader Ginsburg IMG Supreme Court of the United States Public domain USA – -(AmmoLand.com)- Supreme Court justice, Ruth Bader Ginsburg, died on Friday 18th, 2020 from cancer. She was 87. Justice Ginsberg, a well know activist judge, was decidedly anti-gun in her decisions while on the court. Including dissents that argued “Congress can regulate guns in school under Commerce clause” and “right to gun ownership is collective, not individual”. NBC News opined “Despite her diminutive stature...
Tags: Texas, Guns, Supreme Court, Scotus, Congress, Senate, White House, Nbc News, Arkansas, Ted Cruz, Mitch McConnell, Ruth Bader Ginsburg, Justice Department, Paul Clement, Trump, Ginsberg


Event announcement: The Supreme Court Institute’s preview of October Term 2020

On Tuesday, Sept. 22, at 9 a.m. EDT, Georgetown Law’s Supreme Court Institute will livestream its annual press briefing on major cases to be argued at the court this fall, on topics from the Affordable Care Act to a dispute over anti-discrimination policies and religious rights, as well as potential cases involving the 2020 election. Moderated by the Supreme Court Institute’s Irv Gornstein, the panel will feature professors Marty Lederman and Paul Smith of Georgetown Law alongside four experienc...
Tags: Supreme Court, Law, Paul Clement, Paul Smith, Gibson Dunn, Georgetown Law, Marty Lederman, Don Verrilli, Supreme Court Institute, Georgetown Law 's Supreme Court Institute, Event Announcements, Irv Gornstein, Kirkland Ellis Roman Martinez, Latham Watkins Nicole Saharsky, Munger Tolles Olson Only


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


Trump added 20 new names, including 3 conservative senators, to list of potential Supreme Court picks to fire up his base

U.S. Supreme Court in Washington, DC. Eric Thayer/Reuters President Donald Trump announced 20 new names that he may nominate to the Supreme Court if he's re-elected, in an effort to energize Evangelicals and socially conservative voters. Republican Sens. Ted Cruz, Josh Hawley and Tom Cotton were added to the list, though only Cotton expressed interest in the position after the announcement. It's likely that more vacancies will open on the nation's highest court within the next four years, ...
Tags: Utah, Politics, Texas, News, Sixth Circuit, Supreme Court, Scotus, Colorado, Mexico, Kentucky, Senate, US, Trends, Georgia, Cotton, Joe Biden


Here are the conservative lawyers and judges Trump says he may nominate to the Supreme Court if he's re-elected

U.S. Supreme Court in Washington, DC. Eric Thayer/Reuters President Donald Trump announced 20 new names that he may nominate to the Supreme Court if he's re-elected, in an effort to energize Evangelicals and socially conservative voters. It's likely that more vacancies will open on the nation's highest court within the next four years, including two liberal justices who are in their 80s. If Trump wins in 2020, he could appoint a sweeping conservative majority in his second term.  Here's a ...
Tags: Utah, Politics, Texas, News, Sixth Circuit, Supreme Court, Scotus, Colorado, Mexico, Kentucky, Senate, US, Trends, Georgia, Joe Biden, Arkansas


Friday round-up

Briefly: In an article published by the Foundation for Individual Rights in Education, SCOTUSblog Books Editor Ronald Collins examines the Supreme Court’s recent decision on robocalls in Barr v. American Association of Political Consultants and argues that the decision “turned the First Amendment on its head and then left it there.” Collins then describes how an amicus brief submitted by seasoned Supreme Court litigator Paul Clement offers a roadmap for resolving similar future disputes in a wa...
Tags: Supreme Court, Law, Court, Collins, Paul Clement, Round-up, John Roberts, Roberts, SMU, Kavanaugh, Barr, Bill Blum, Foundation for Individual Rights in Education, Ronald Collins, Brett Kavanaugh, National Memo


Justices appoint Utah law professor to defend structure of Federal Housing Finance Agency

The Supreme Court on Monday appointed Aaron Nielson, a professor at Brigham Young University’s J. Reuben Clark Law School, as a “friend of the court” in Collins v. Mnuchin, in which the justices are likely to hear argument this fall. Nielson, an expert on administrative law, will defend the constitutionality of the structure of the Federal Housing Finance Agency after the federal government declined to do so. The case is a dispute between shareholders of Fannie Mae and Freddie Mac and the FHFA, ...
Tags: Utah, Featured, Supreme Court, Law, Washington, Treasury, Collins, Paul Clement, Kirkland Ellis, Freddie Mac, Brigham Young University, Howe, Alito, U S Court of Appeals, Elena Kagan, Consumer Financial Protection Bureau


SCOTUS spotlight: Tom Goldstein on ‘hitting singles’ as an oral advocate

Tom Goldstein, the publisher of SCOTUSblog and partner at Goldstein & Russell, P.C., has argued more than 40 cases before the Supreme Court since his first oral argument in 1999. On this week’s episode of SCOTUStalk, Amy Howe interviews Goldstein on what it’s like to advocate before the nine and how that experience has changed over the past 20 years. Goldstein offers a few tips for success along with audio-accompanied stories about taking heavy fire from a hot bench, joking with Chief Justice Wi...
Tags: Google, Featured, Supreme Court, Law, Congress, Georgia, Nike, Smith, Ada, Kennedy, Paul Clement, Tom, John Roberts, Scalia, Georgetown, Stevens


Event announcement: Anti-Defamation League’s 21st Annual Supreme Court Review

On Tuesday, Aug. 4, from 12-1:30 p.m. EDT, ADL will host a virtual discussion of the most important cases of the 2019-20 Supreme Court term, on issues including the separation of church and state, immigration and Title VII employment discrimination. The panel will feature Erwin Chemerinsky of Berkeley Law, Paul Clement of Kirkland & Ellis, Frederick Lawrence of Georgetown Law and Dahlia Lithwick of Slate. The program, which offers 1.5 hours of CLE credit, will be held in partnership with the Nat...
Tags: Supreme Court, Law, Berkeley, Paul Clement, Anti Defamation League, Dahlia Lithwick, NCC, Erwin Chemerinsky, Georgetown Law, Event Announcements, 21st Annual Supreme Court Review, Kirkland Ellis Frederick Lawrence


Former Reading manager lands job in Belgium

Paul Clement had a nine-month spell with Royals in 2018 [Author: [email protected] (Jonathan Low)]
Tags: Transfer News, Belgium, Royals, Paul Clement, Jonathan Low


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


A Barr-Trump Commission of Inquiry?

I've been looking into the use of "commissions of inquiry" around the world as part of a project on what the South African Constitution calls "institutions for protecting constitutional democracy." On the obviously contestable assumption that Biden wins the presidency in November, I think there's a decent case to be made for creating a commission of inquiry to investigate the actions of the Department of Justice during the Trump administration. The aim would be to find facts, not recommend pro...
Tags: Congress, United States, Department Of Justice, Biden, Stephen Lawrence, Paul Clement, Branding, Great Britain, Trump, Kerner Commission, Don Verrilli, Mark Tushnet, South African Truth and Reconciliation Commission, Barr Trump, Barr Trump Commission of Inquiry


Argument analysis: After marathon argument, little consensus on future of birth-control mandate exemptions

The Supreme Court heard oral argument this morning in the latest chapter of the battle over the Affordable Care Act’s “birth-control mandate,” which generally requires employers to provide their female employees with health insurance that includes access to certain forms of contraceptives. In 2017, the Trump administration issued new rules that expanded an exemption from the mandate and allowed private employers with religious or moral objections to opt out of providing coverage without any noti...
Tags: Featured, Supreme Court, Law, Obama, Congress, Pennsylvania, United States, New Jersey, Fda, Catholic, Ruth Bader Ginsburg, Francisco, ACA, Hobby Lobby, Paul Clement, Trump


The Supreme Court Could Cripple America’s Pandemic-Fighting Capacity, Part I

  Simon Lazarus The biggest impediment to the nation’s capacity to tame the coronavirus pandemic, may not be President Trump’s distaste for mounting a national strategy requisite for limiting its health and economic devastation.   More damaging than Trump could be the Supreme Court – plausibly, regarding the current crisis, and far more menacing for efforts to curb future iterations or new cataclysms. In particular, Trump’s two appointees, Associate Justices Neil Gorsuch and Brett Kav...
Tags: Supreme Court, Congress, Washington, White House, Court, Jimmy Carter, Paul Clement, Federal Trade Commission, Branding, Ftc, Guest Blogger, Trump, Bureau, Fed, Powell, D C Circuit


Affordable Care Act Entrenchment

Several years ago,  I wrote on this blog about the concept of the Affordable Care Act as a “superstatute.” In a new article with Thomas Scott Railton in the Georgetown Law Journal, I take that idea further-- detailing a decade of an unprecedented number of challenges to a law that has been uniquely and stunningly resilient. The article offers theories for how the ACA became entrenched—through some strategies that were expected (e.g., doling out of popular benefits), and others not (e.g., a fede...
Tags: Supreme Court, White House, House, ACA, Paul Clement, Branding, Trump, Rahm Emanuel, Don, HHS, Eric Cantor, Donald Verrilli, Kathleen Sebelius, AEI, WASHINGTONPOST, Georgetown Law Journal


Relist Watch in the Time of Cholera

John Elwood briefly reviews Monday’s relists This week’s installment of Relist Watch will be unlike any one you’ve ever read. Most of them read like they were written by some unshaven lout in his basement wearing sweatpants. By contrast, this one actually was written by an unshaven lout in his basement wearing sweatpants. So while this post may be bad as ever, at least it’s authentic . Practically nothing has happened since our last installment . This week, the Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, California, Washington, United States, Davis, Avery, Paul Clement, HARRIS, EEOC, Equal Employment Opportunity Commission, Cannon, Strickland, U S Court of Appeals


Coronavirus Continues To Hit The Profession — See Also

Look To Your Left, Look To Your Right: All of you aren't coming to school today because of coronavirus. Keep Washing Your Hands: Coronavirus hits Biglaw. Get Well: Partner patient in critical condition. Neil Gorsuch, Kind Of A Dick: Never thought I'd feel bad for Paul Clement, but here we are. Your Vote, Your Choice: Chief Justice Roberts faces a deeply personal decision about stripping women of reproductive rights.
Tags: Law, Paul Clement, Roberts, Neil Gorsuch, See Also


Morning Docket: 03.04.20

* An Illinois disciplinary panel has recommended that Rod Blagojevich be disbarred. Can President Trump pardon him from this? [Chicago Tribune] * Robinhood, the popular stock-trading app, might face litigation over the fact that it went dark on Monday during one of the best days for trading recently. [Business Insider] * President Trump has tapped a Biglaw associate for a position on the EEOC. [Reuters] * American Airlines has debuted new uniforms after it defended a "toxic" uniform lawsui...
Tags: Supreme Court, Law, New York Times, Usa Today, Illinois, Paul Clement, American Airlines, Trump, Reuters, Chicago Tribune, EEOC, Rod Blagojevich, Georgetown Law, Morning Docket, President Trump


A “view” from the courtroom: “Violent agreement” and some disagreement

Every oral argument sitting of October Term 2019 has had one potential blockbuster case, whether involving gay and transgender rights in October, DACA recipients in November, the Second Amendment in December, and religious rights in January, with the forthcoming March and April sittings having their own candidates. For the two-week February sitting, which has trickled into the first week of March, most people would pick Wednesday’s abortion case, June Medical Services LLC v. Russo, as the blockb...
Tags: Featured, Supreme Court, Law, Congress, California, Cdc, Senate, White House, Massachusetts, Elizabeth Warren, Barack Obama, Harvard, United States, Connecticut, House Of Representatives, Warren


Argument analysis: Justices divided in challenge to CFPB structure

The Consumer Financial Protection Bureau is headed by a single director, who is appointed by the president and confirmed by the Senate to serve a five-year term. Once that director is in office, she can only be removed by the president for “inefficiency, neglect of duty, or malfeasance in office.” This morning both a California law firm under investigation by the CFPB and the CFPB itself told the Supreme Court that these restrictions on the removal of the bureau’s director are unconstitutional. ...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, House, Social Security Administration, Ruth Bader Ginsburg, Francisco, Paul Clement, Federal Trade Commission, John Roberts, SSA, 9th Circuit


Argument analysis: The trail, the pipeline and a journey to the center of the earth

Environmental groups faced a skeptical bench during Monday’s argument in two consolidated cases, U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association, as they fought to preserve a 2018 decision from the U.S. Court of Appeals for the 4th Circuit that had halted an $8 billion, 600-mile natural gas pipeline. At the heart of the dispute is a 2017 permit granted by the U.S. Forest Service to allow the Atlantic Co...
Tags: Featured, Supreme Court, Law, Congress, Atlantic, Selma, Forest Service, Paul Clement, National Park Service, Sonia Sotomayor, Antonin Scalia, U S Forest Service, Interior, Yang, YOSEMITE NATIONAL PARK, Roberts


Argument preview: Justices to consider constitutionality of CFPB structure

Editor’s Note: An earlier version of this post ran on February 10, 2020, as an introduction to this blog’s symposium on Seila Law v. Consumer Financial Protection Bureau, as well as at Howe on the Court, where it was originally published. The congressional commission that investigated the 2008 financial crisis concluded that the United States’ consumer-protection system was “too fragmented to be effective.” In response to that finding, in 2010 Congress created the Consumer Financial Protection B...
Tags: Utah, Featured, Supreme Court, Law, Congress, California, Senate, Court, United States, Federal Reserve, Paul Clement, Federal Trade Commission, Ftc, Morrison, Freddie Mac, 9th Circuit


Symposium: Is now really the time to jettison sensible, longstanding limitations on presidential power?

Deepak Gupta is the founding principal of Gupta Wessler PLLC, a lecturer at Harvard Law School and former senior counsel at the Consumer Financial Protection Bureau. The latest irregularities at the Department of Justice—a tweet by President Donald Trump, an abrupt about-face and the walkout of an entire prosecution team, all in the same day—remind us of the need to ensure that at least some government functions are independent of direct presidential control. We can all agree, I hope, that the ...
Tags: Featured, Supreme Court, Law, Congress, Wall Street, Senate, Elizabeth Warren, United States, Department Of Justice, Federal Reserve, Donald Trump, Paul Clement, Federal Trade Commission, Ftc, Fed, Democratic


Empirical SCOTUS: About this term: OT 2019

Even though briefing is not complete in all the cases that will be argued before the Supreme Court this term, interest in the court’s cases is at an apex. There was a lot of hype leading into this term, as it is the first full term for the current Supreme Court, whose bench has been largely in flux since Justice Antonin Scalia’s sudden passing in the middle of the 2015 term. Increased media coverage has also put a spotlight on the court’s integral role in resolving high-profile issues, such as t...
Tags: Google, New York, Supreme Court, Law, Arizona, Donald Trump, Oracle, Paul Clement, Antonin Scalia, Kirkland Ellis, John Roberts, Cato Institute, Equal Employment Opportunity Commission, McKinney, U S, Constitutional Accountability Center


Symposium: Does the president have the right to fire the director of the CFPB without cause?

Alan B. Morrison is the Lerner Family Associate Dean for Public Interest & Public Service Law at George Washington University Law School. He filed an amicus brief on behalf of neither party in Seila Law, LLC v. Consumer Financial Protection Bureau. For many years, supporters of the unitary executive theory have been hoping that the Supreme Court would take on the question of whether Congress can protect the heads of independent federal agencies from removal by the president except for cause, as ...
Tags: Featured, Supreme Court, Law, Obama, Congress, California, Barack Obama, United States, House Of Representatives, Federal Communications Commission, Donald Trump, National Labor Relations Board, Kennedy, Paul Clement, Securities And Exchange Commission, Trump


Symposium: Justices to consider constitutionality of CFPB structure

The congressional commission that investigated the 2008 financial crisis concluded that the United States’ consumer-protection system was “too fragmented to be effective.” In response to that finding, in 2010 Congress created the Consumer Financial Protection Bureau as part of the Dodd-Frank Act. The CFPB – whose website describes the bureau as a “U.S. government agency that makes sure banks, lenders, and other financial companies treat you fairly” – is led by one director appointed by the presi...
Tags: Utah, Featured, Supreme Court, Law, Congress, California, Senate, Court, United States, Federal Reserve, Paul Clement, Federal Trade Commission, Ftc, Morrison, Freddie Mac, 9th Circuit


Wednesday round-up

This morning the justices will close out the January session with one oral argument, in Espinoza v. Montana Department of Revenue, which asks whether Montana’s invalidation of a law that created tax credits to provide scholarships for families who send their children to private schools, including religious schools, was constitutional. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Gabrielle Kanter and Prachee Sawant have a preview at Cornell Law Sc...
Tags: Supreme Court, Law, Montana, Senate, Court, Cnn, United States, Ford, Npr, Donald Trump, Wall Street Journal, Economist, Paul Clement, Trump, Round-up, Reuters


A look back at 2019: A tale of two terms?

Any review of a calendar year at the Supreme Court necessarily includes two different terms: the term that ends in June and the new one that begins in October and will run into the following year. But a look back at 2019, in particular, reveals two very different terms. In the wake of the June 2018 retirement of Justice Anthony Kennedy, who for many years had been the court’s “swing justice,” and the contentious confirmation hearing for Justice Brett Kavanaugh, Kennedy’s successor, the term tha...
Tags: Texas, Featured, Mississippi, Maryland, Supreme Court, Law, Obama, California, Washington, Mexico, Kentucky, White House, Lgbt, New York City, Alabama, Department Of Defense