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Justice Ruth Bader Ginsburg, feminist pioneer and progressive icon, dies at 87

Ruth Bader Ginsburg, a trailblazer who fought for gender equality as a lawyer and became a beloved hero of the progressive movement as a justice, died on Friday of complications from pancreatic cancer. When she was confirmed to the Supreme Court in 1993, Ginsburg was a reserved and relatively unknown court of appeals judge, but during the course of her 27 years on the court she became an improbable pop-culture icon, inspiring everything from an Oscar-nominated documentary film to her own action ...
Tags: New York, Texas, Featured, Sweden, Supreme Court, Law, Obama, Congress, Washington, Senate, White House, Virginia, Russia, Court, Alabama, America


SCOTUS spotlight: Deanne Maynard on ‘split-second decisions’ as an oral advocate

Deanne Maynard, co-chair of Morrison & Foerster’s Appellate and Supreme Court practice, has argued 14 cases before the Supreme Court since her first oral argument in 2004. On this week’s episode of SCOTUStalk, Amy Howe interviews Maynard on how she prepares to argue before the justice, how she pivots away from hostile questions, and why hypotheticals can be the toughest questions of all. Howe also takes Maynard back to her first oral argument — accompanied by live audio — and what went through h...
Tags: Featured, Supreme Court, Law, Congress, US, App, United States, Ohio, Watson, North Carolina, Smith, Amy, Antonin Scalia, Amgen, Scalia, Stevens


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


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


History Is on the Side of Republicans Filling a Supreme Court Vacancy in 2020

If a Supreme Court vacancy opens up between now and the end of the year, Republicans should fill it. Given the vital importance of the Court to rank-and-file Republican voters and grassroots activists, particularly in the five-decade-long quest to overturn Roe v. Wade, it would be political suicide for Republicans to refrain from filling a vacancy unless some law or important traditional norm was against them. There is no such law and no such norm; those are all on their side. Choosing not to fi...
Tags: News, Supreme Court, Obama, Congress, California, Washington Post, Washington, Senate, White House, Court, America, Barack Obama, Joe Biden, Democrats, United States, House


Symposium: Religious freedom and the Roberts court’s doctrinal clean-up

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Richard W. Garnett is the Paul J. Schierl / Fort Howard Corporation professor of law at the University of Notre Dame and is the founding director of the school’s Program on Church, State and Society. He wrote or joined amicus briefs in several of the cases described below, including most recently joining an amicus brief on behalf of the petitioners in Our Lady of Guadalupe School v. Morrissey-Berru. Tho...
Tags: Featured, Supreme Court, Law, Virginia, America, Pennsylvania, Philadelphia, Smith, Morrissey, Larry David, Lemon, American Legion, Antonin Scalia, Thomas Jefferson, John Roberts, Fulton


Experts tout proposals for Supreme Court term limits

Term limits for Supreme Court justices, once a fringe idea, have seemingly entered the political and academic mainstream. Recently, both the conservative Federalist Society and the liberal American Constitution Society have hosted events and published scholarship on the question. The Center for American Progress joined the conversation on Tuesday with a virtual discussion of recent term limit proposals, their constitutionality and what it would take to enact them. Kicking off the webinar, CAP ...
Tags: Featured, Supreme Court, Law, Congress, Senate, White House, Court, House, Rhode Island, Antonin Scalia, John Roberts, Scalia, Roth, Richard Nixon, William Rehnquist, Stephen Breyer


SCOTUS for law students: Still deciding in July

By law, the Supreme Court term begins on the first Monday in October. By custom, the justices finish their work in late June (although the term does not technically end until the next term begins). So when the justices are still handing down decisions in July, it is buzzworthy in Washington and among court-watchers everywhere. This year’s July opinion releases are all the more notable because this is the first time since July 1, 1996, that the court’s decisions have slipped past the end of June....
Tags: Featured, Supreme Court, Law, Washington, Massachusetts, United States, Citizens United, Detroit, Nantucket, Nixon, Bradley, Roberts Court, Richard Nixon, William Rehnquist, Federal Election Commission, Brennan


Symposium: What “play in the joints” remains after Espinoza?

Grant T. Sullivan is an assistant solicitor general with the Colorado Attorney General’s office, which filed an amicus brief on behalf of nine states in support of respondents in Espinoza v. Montana Department of Revenue. The views expressed in this post are solely those of the author and should not be imputed in whole or in part to any other state or state official unless expressly endorsed by an authorized representative of the state. For state policymakers, crafting sound (and constitutional)...
Tags: Featured, Supreme Court, Law, Colorado, Montana, Washington, States, Sonia Sotomayor, William Rehnquist, Locke, Davey, Montana Supreme Court, Espinoza, Ruth Bader Ginsburg Stephen Breyer, Comer, Neil Gorsuch


Symposium: RIP state “Blaine Amendments” – Espinoza and the “no-aid” principle

Steven Green is the Fred H. Paulus Professor of Law and director of the Center for Religion, Law & Democracy at Willamette University College of Law. He filed an amicus brief on behalf of a number of religious groups in support of the respondents in Espinoza v. Montana Department of Revenue. There is so much contained in the various opinions in Espinoza v. Montana Department of Revenue that a college instructor could use that one case to teach an entire course about American church-state law: di...
Tags: Featured, Supreme Court, Law, Colorado, California, Montana, Senate, Pennsylvania, Ruth Bader Ginsburg, Mitchell, Thomas, U S Supreme Court, The Supreme Court, Alito, William Rehnquist, Locke


Empirical SCOTUS: Interesting meetings of the minds of Supreme Court justices

Unanimity in the Supreme Court used to be the norm. In the early years of court history there were few dissents, and so there was little opportunity to examine differences between the justices outside of how they authored their majority opinions. This practice has changed over the years, and decisions are more frequently divided rather than unanimous. Certain justices are also more likely to vote alongside, or against, one another. Differences in voting agreements can be somewhat staggering. ...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Thomas, State, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, William Rehnquist, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Ask the authors: The long and winding road from shortlisted to selected for female Supreme Court nominees

The following is a series of questions posed by Ronald Collins to Renee Knake Jefferson and Hannah Brenner Johnson in connection with their new book, “Shortlisted: Women in the Shadows of the Supreme Court” (New York University Press, 2020), which tells the untold stories of women that presidents considered as justices for the Supreme Court in the decades before Sandra Day O’Connor’s confirmation. Renee Knake Jefferson is a professor of law and the Joanne and Larry Doherty Chair in Legal Ethics ...
Tags: New York, Featured, Supreme Court, Law, Obama, California, Washington Post, Washington, Senate, White House, Book Reviews, Reagan, Joe Biden, Ronald Reagan, New York Times, Jimmy Carter


When does the House of Representatives Have Standing to Sue?: What to Expect from the D.C. Circuit En Banc Argument in McGahn and Mnuchin

A few weeks ago, the U.S. Court of Appeals for the D.C. Circuit sat en banc to hear argument in a pair of cases concerning when the House (or one of its committees) has Article III standing to seek relief in federal court.   The three-hour telephonic argument can be heard here .   The argument covered two very different cases.   In the first case, House Committee on the Judiciary v. McGahn, No. 19-5331, the House Judiciary Committee has sued Don McGahn to require him to comp...
Tags: Supreme Court, Congress, Senate, White House, Court, Fbi, United States, House, Treasury, Judiciary, Foia, Department Of Justice, Jackson, Donald Trump, Doj, Executive Branch


Empirical SCOTUS: Results from the court’s experiment with a new oral argument format

Editor’s note: This is the second post in a series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. Data for this project was provided by Oyez, a free law project by Justia and the Legal Information Institute of Cornell Law School. Kalvis Golde and Katie Bart both provided invaluable assistance in aggregating data for this post. We recently witnessed what was likely the biggest experiment in the history of Supreme Court oral argumen...
Tags: Featured, Supreme Court, Law, Pennsylvania, Times, Ruth Bader Ginsburg, Trump, Thomas, Sonia Sotomayor, John Roberts, Vance, Roberts, Alito, William Rehnquist, Sotomayor, Stephen Breyer


Supreme Court Enter New Era As It Hears Key Cases Over The Phone

WASHINGTON (AP) — The coronavirus pandemic is forcing big changes at the tradition-bound Supreme Court. Beginning this coming week, the justices will hear arguments by telephone for the first time since Alexander Graham Bell patented his invention in 1876. Audio of the arguments will be broadcast live by the news media, another first. This will be just the second time that the justices will meet outside the court since the Supreme Court building opened in 1935. (The discovery of anthrax in a cou...
Tags: News, Supreme Court, Washington, San Francisco, Ap, Donald Trump, Justice Department, John Roberts, Roberts, William Rehnquist, Supreme Courts, Clarence Thomas, Electoral College, Alexander Graham Bell, Kathy Arberg, Arberg


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

Simon Lazarus Yesterday on Balkinization I introduced this two-part essay, and discussed how a likely resolution of the pending Supreme Court case, Seila Law v. CFPB could threaten the Fed’s independence of White House control.   Portentous for the Fed’s independence as is the pending CFPB controversy, two other recent cases intimate a far broader threat to the Fed’s essential role in managing crises like our current state.   In these cases, conservative justices, led by Tru...
Tags: Supreme Court, Congress, Washington, White House, Court, Joe Biden, United States, Jimmy Carter, Treasury, Epa, Donald Trump, Executive Branch, Cnbc, Branding, Guest Blogger, Trump


Cruise adds a chief legal officer as the nearly $20 billion self-driving startup bolsters its executive ranks (GM)

Cruise has hired prominent California lawyer Jeff Bleich, a former US Ambassador to Australia, as its chief legal officer. Cruise was acquired in 2016 by General Motors for $1 billion and has grown its valuation to almost $20 billion. Since 2018, the San Francisco-based self-driving startup has bulked up its executive ranks ahead of a a commercial launch. Visit Business Insider's homepage for more stories. On Tuesday, the San Francisco-based self-driving startup Cruise announced that it had h...
Tags: Facebook, Supreme Court, Australia, California, White House, Softbank, US, San Francisco, Barack Obama, Trends, General Motors, Cruise, Gm, Chevy, Honda, Berkeley


1996: Ruth Bader Ginsburg

It’s hard to believe now that there was ever a time when Ruth Bader Ginsburg was not known for her dissents. But for a stretch of 1996, the second woman appointed to the Supreme Court could imagine a triumphant future building on her work as visionary advocate in the 1970s—not just for women’s liberation, as she often said, but for women’s and men’s liberation. The prestigious Virginia Military Institute (VMI) still barred women, but when the case went to the Supreme Court, Ginsburg arg...
Tags: News, Justice, Supreme Court, Uncategorized, Aclu, Ruth Bader Ginsburg, Ginsburg, William Rehnquist, VMI, Women Of The Year, Virginia Military Institute VMI, Irin Carmon Carmon


Wednesday round-up

Briefly: At The Hill, Nathaniel Weixel reports that this week Texas and 17 other conservative states, responding to a pair of petitions pending before the Supreme Court over a lawsuit challenging the Affordable Care Act, urged the justices not “to take up the case without first waiting for a decision from a district court judge in Texas.” At the Daily Caller, Kevin Daley reports that Chief Justice John Roberts, along with Justices Elena Kagan, Neil Gorsuch and Brett Kavanaugh, attended last nig...
Tags: Texas, Supreme Court, Law, Bill Clinton, Donald Trump, Round-up, John Roberts, Roberts, William Rehnquist, Janus, Goldstein Russell, Fleck, National Law Journal, Espinoza, Marcia Coyle, Daniel Dalton


Tuesday round-up

Briefly: In analysis for Law360 (subscription or registration required), Ashley Baker discusses the impact of two recent Supreme Court decisions that have produced a “sea change in intellectual property litigation” as well as a “a serious challenge to software patentability” on the issue of exposing confidential trade secrets. At the Chicago Daily Law Bulletin (subscription required), Daniel Cotter looks to past precedent in U.S. v. Nixon and the impeachment trial of President Andrew Johnson to...
Tags: Supreme Court, Law, Bill Clinton, Donald Trump, Ruth Bader Ginsburg, Clinton, Round-up, Nixon, Sonia Sotomayor, John Roberts, Josh Blackman, Phillips, Blackman, U S, William Rehnquist, Andrew Johnson


Symposium: After 40+ years it is clear women can speak for themselves

Teresa Stanton Collett is a professor law and director of the Prolife Center at the University of St. Thomas School of Law in Minneapolis. She filed an amicus brief on behalf of the petitioner in Gee v. June Medical Services. The views expressed here are hers alone and are not intended to represent the views of the university. In June Medical Services v. Gee, the Supreme Court has granted review of a decision by the U.S. Court of Appeals for the 5th Circuit upholding the constitutionality of a L...
Tags: Featured, Supreme Court, Law, Minneapolis, Louisiana, Powell, Roe, William Rehnquist, U S Court of Appeals, Warren Burger, 5th Circuit, Singleton, Blackmun, Wulff, Potter Stewart, Lewis Powell


A “view” from the courtroom: The daily grind

As the first substantive day of the impeachment trial wore on, and on, from yesterday into the early morning hours of today, one cable-TV pundit suggested that Chief Justice John Roberts might not feel compelled to attend today’s oral argument in Espinoza v. Montana Department of Revenue, an important case about government aid to religious education. That seemed most unlikely, although other thoughts went through my mind. One was a remark by the late Justice Antonin Scalia during arguments over ...
Tags: Featured, Supreme Court, Law, Montana, Senate, Nbc News, Austin, Bill Clinton, Salem, Donald Trump, Sarah, Antonin Scalia, Scott, John Roberts, Emma, Roberts


Chief Justice John Roberts' fashion choice: No stripes

Chief Justice William Rehnquist added stripes to his robe in a whimsical emulation of Lord Chancellor in the Gilbert and Sullivan opera "Iolanthe."         [Author: USA TODAY]
Tags: Usa, News, Usa Today, John Roberts, Gilbert, Sullivan, William Rehnquist


Parnas Tells of Rick Perry’s Role in Ukraine: Impeachment Update

(Bloomberg) -- Chief Justice John Roberts made his first appearance in the Senate chamber Thursday to swear in the senators for President Donald Trump’s impeachment trial, which is set to begin Tuesday.Here are the latest developments:Parnas Makes More Accusations on Ukraine (10 p.m.)Lev Parnas, a former associate of Rudy Giuliani, said that then-Energy Secretary Rick Perry told Ukraine’s president that he had to announce an investigation into former Vice President Joe Biden and the energy compa...
Tags: Energy, Rachel Maddow, News, Minnesota, Supreme Court, Congress, California, Washington, Senate, White House, West Virginia, Bloomberg, Joe Biden, Ukraine, Gop, Maine


Roberts set to preside over Senate impeachment trial

This afternoon at 2 p.m., Chief Justice John Roberts will travel by car from the Supreme Court to the Senate to assume his role as presiding officer over the impeachment trial of President Donald Trump. The court’s Public Information Office today answered some questions about Roberts’ role in the trial and how it will affect his work at the court. Roberts received a formal invitation to attend from Secretary of the Senate Julie Adams this morning. Upon arriving at the Senate this afternoon, Robe...
Tags: Featured, Supreme Court, Law, Senate, Iowa, Donald Trump, John Roberts, Capitol, Roberts, William Rehnquist, Clarence Thomas, Sen Charles Grassley, What's Happening Now, Public Information Office, Jeffrey Minear, Julie Adams


A “view” from the courtroom: “OK, boomer”

Sometime on Thursday, Chief Justice John Roberts will cross the street from the Supreme Court building to the Capitol to begin presiding over the Senate impeachment trial of President Donald Trump. This week’s activities will be somewhat ceremonial—the chief justice taking an oath himself, then swearing in senators for their special role as jurors (or as a “court,” as Chief Justice William Rehnquist ruled in President Bill Clinton’s 1999 impeachment trial). The real action is set to start next w...
Tags: Featured, Supreme Court, Law, Senate, House, Bill Clinton, Donald Trump, John Roberts, Capitol, Martinez, Roberts, William Rehnquist, Stephen Breyer, Babb, Wilkie, ADEA


The role of the chief justice in an impeachment trial

Sometime in the next week or two, the impeachment trial of President Donald Trump will convene in the Senate. When it does, Chief Justice John Roberts will preside. There has been a good deal written about Roberts’ role, some of it intimating – or at least hoping – that Roberts could wrench control from the politicians who make up the Senate and transform the proceeding into a trial of the conventional judicial sort, with both sides able to compel the appearance of live witnesses and the product...
Tags: Featured, Supreme Court, Law, Senate, White House, United States, House, Bill Clinton, Chase, Mitch McConnell, Johnson, Donald Trump, Trump, Thomas Jefferson, John Roberts, Roberts


Empirical SCOTUS: How Chief Justice Roberts articulates his ethos through his Year End Reports

Chief Justice John Roberts released an impassioned Year End Report on December 31, 2019, which generated much commentary. The New York Times, for instance, wrote about Roberts’ calls for an independent federal judiciary. The Wall Street Journal examined his warnings against rumor and false information. These values inherent in the report foreshadow important aspects related to the (presumably) upcoming Senate impeachment hearings, over which Roberts will preside. Although these allusions clearly...
Tags: Law, Obama, Congress, Senate, United States, New York Times, Donald Trump, Jay, Wall Street Journal, Hamilton, Great Britain, Marshall, Bush, John Roberts, Bankruptcy Court, Alexander Hamilton


"Legal experts say Roberts hopes to follow the example set by his late mentor Chief Justice William Rehnquist at then-President Clinton's 1999 trial."

"Rehnquist, for whom Roberts clerked in the 1980s, once mused that during Clinton’s proceeding he 'did nothing in particular, and did it very well,' lifting a line from Gilbert and Sullivan. Eric Claeys, a law professor at George Mason University and former Rehnquist clerk, said Rehnquist’s approach was framed by the 1986 rules. The rules say the presiding officer 'may rule' on all questions of evidence, like instances where the relevance and significance of a document or witness testimony is un...
Tags: Law, Senate, Britain, Wellington, Clinton, Trump, George, John Roberts, Gilbert, George Mason University, Roberts, Sullivan, William Rehnquist, Bonaparte, Claeys, Rehnquist


Trump Senate Impeachment Trial Finds Scant Precedent in History

(Bloomberg) -- Bill Clinton’s impeachment two decades ago set the modern template for President Donald Trump’s upcoming trial in the Senate. But the process may be even more contentious this time given sharper tribal divisions in Washington.Clinton’s four-week proceeding in 1999 riveted the nation. Thirteen Republican House managers marched across the Capitol to present articles of impeachment, led by the silver-maned chairman of the Judiciary Committee, Henry Hyde. An old-school grand orator, h...
Tags: News, Congress, Washington, Senate, White House, West Virginia, Gop, Arkansas, South Dakota, House, Mitch McConnell, Republican, Johnson, Donald Trump, Newt Gingrich, Sidney Blumenthal