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Scribble

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee

Live blog of confirmation hearing | September 27, 2018

Live blog of confirmation hearing | September 27, 2018

We live-blogged as the Senate Judiciary Committee heard testimony from Supreme Court nominee Judge Brett Kavanaugh and Dr. Christine Blasey Ford.

We live-blogged as the Senate Judiciary Committee heard testimony from Supreme Court nominee Judge Brett Kavanaugh and Dr. Christine Blasey Ford.

Dec. 2018

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Orders

DAWSON V. STEAGER (17-419)

LORENZO V. SEC (17-1077)

BIESTEK V. BERRYHILL (17-1184)

HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

Supreme Court building closed for National Day of Mourning for George H.W. Bush

GAMBLE V. UNITED STATES (17-646)

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3rd & 7 37yd

Good morning, and welcome to our live blog.

by Edith Roberts 9/27/2018 1:47:58 PM
In just about ten minutes, the fifth day of Judge Brett Kavanaugh's confirmation hearing will be gaveled into session. We will hear testimony from Kavanaugh and Dr. Christine Blasey Ford, who has accused the judge of sexually assaulting her when they were teenagers.

by Edith Roberts 9/27/2018 1:49:18 PM
This session of the hearing, unlike the previous four days, is taking place in a relatively small hearing room with extremely limited press coverage, at Ford's request.

by Edith Roberts 9/27/2018 1:50:17 PM
Ford will go first and Kavanaugh will be next; they won't be in the room at the same time, again at Ford's request.

by Edith Roberts 9/27/2018 1:50:53 PM
In an unusual move, the Republican members of the committee have chosen to have their questioning conducted by Rachel Mitchell, an experienced sex-crimes prosecutor from Arizona. The Democratic members will be questioning the witnesses themselves.

by Edith Roberts 9/27/2018 1:51:52 PM
Is a committee vote still scheduled for tomorrow?

by David 9/27/2018 1:53:05 PM
Each senator will have five minutes for questioning (which they can cede to colleagues or staff members, including Rachel Mitchell), and the Republicans and Democrats will alternate.

by Edith Roberts 9/27/2018 1:53:22 PM
Here's the basic outline for the day as I understand it.

by Andrew Hamm 9/27/2018 1:54:40 PM
Grassley and Feinstein will give opening statements, for which there will be no time limitation.

by Andrew Hamm 9/27/2018 1:54:55 PM
Dr. Christine Blasey Ford will be sworn in and give an opening statement (no time limit).

by Andrew Hamm 9/27/2018 1:55:15 PM
The committee vote is still scheduled for 9:30 tomorrow. But one thing about that is that Chairman Grassley has indicated that there are certain things he must do under committee rules, include give three days notice for a vote.

by Mark Walsh 9/27/2018 1:55:26 PM
Each senator will have five minutes for questioning. Senators can defer their time to another committee member or staff person. Senators will alternate questioning by party.

by Andrew Hamm 9/27/2018 1:56:22 PM
Then this will repeat for Judge Brett Kavanaugh.

by Andrew Hamm 9/27/2018 1:56:38 PM
Am I the only one here for the orders list?

by Lawyer 9/27/2018 1:58:34 PM
The senators are taking their seats now.

by Edith Roberts 9/27/2018 1:59:57 PM
What a crazy day. Good morning

by John the Lawyer 9/27/2018 2:01:09 PM
Chairman Grassley just came in and is sitting down.

by Edith Roberts 9/27/2018 2:01:58 PM
When will the list of denials appear?

by Soulard David 9/27/2018 2:02:42 PM
How many senators in total? How long do we expect this to take?

by KPOM 9/27/2018 2:03:02 PM
This hearing is in the Judiciary Committee's regular hearing room, in the Dirksen Senate Office Building. The first part was in the large general hearing room in the more modern Hart Senate Office Building. That room is more or less a TV studio. Dr. Ford apparently did not want to testify in that imposing room.

by Mark Walsh 9/27/2018 2:03:55 PM
Dr. Ford is at the table now.

by Edith Roberts 9/27/2018 2:04:24 PM
She is accompanied by her lawyers, Debra Katz and Michael Bromwich.

by Edith Roberts 9/27/2018 2:05:13 PM
Grassley is bringing the hearing to order.

by Edith Roberts 9/27/2018 2:05:34 PM
He is thanking the witnesses for testifying.

by Edith Roberts 9/27/2018 2:05:53 PM
Both have been through a terrible couple of weeks. They and their families have received vile threats.

by Edith Roberts 9/27/2018 2:06:24 PM
Wants to apologize for the way they have been treated, wants hearing to be safe and dignified and civil.

by Edith Roberts 9/27/2018 2:06:52 PM
Explains how hearing has come about. Nominated on July 9. Kavanaugh has served on DC Circuit for 12 years.

by Edith Roberts 9/27/2018 2:07:30 PM
Kavanaugh has undergone six full background investigations. Nowhere in these six FBI reports was there a whiff of any issue, any issue at all, related in any way to inappropriate sexual behavior.

by Edith Roberts 9/27/2018 2:08:13 PM
Ford first raised allegations nearly 2 months ago in a secret letter. Letter was secret from July 30 until September. Ranking Member Feinstein took no action.

by Edith Roberts 9/27/2018 2:08:49 PM
Allegations could have been addressed earlier.

by Edith Roberts 9/27/2018 2:08:59 PM
Ranking Member didn't ask Kavanaugh about the allegations when she met with him privately or during previous hearing or during a closed session, which Feinstein did not attend.

by Edith Roberts 9/27/2018 2:09:37 PM
Kavanaugh answered more written questions than any other nominee. Ranking Member only referred allegations to FBI at the eleventh hour.

by Edith Roberts 9/27/2018 2:10:07 PM
Judge Kavanaugh has had to address these alllegations in the midst of a media circus.

by Edith Roberts 9/27/2018 2:10:41 PM
According to Grassley's office, we will hear opening statements from the chairman (going on now), and from the ranking Democrat, Sen. Dianne Feinstein of California. Thankfully, since this is a continuation of a pending hearing, we don't have to hear opening statements from all the other committee members.

by Mark Walsh 9/27/2018 2:10:47 PM
Grassley and his staff addressed the allegations the way they have conducted similar investigations in the past. Contacted all the individuals Ford identified and Kavanaugh denied all the allegations.

by Edith Roberts 9/27/2018 2:11:30 PM
Democrats did not participate in the investigation.

by Edith Roberts 9/27/2018 2:11:50 PM
If they had wanted to get to the truth, why didn't they participate?

by Edith Roberts 9/27/2018 2:12:08 PM
Witnesses named by Ford did not corroborate her statements.

by Edith Roberts 9/27/2018 2:12:33 PM
The judiciary committee was able to conduct thorough investigations into the allegations. Some colleagues pushed for FBI investigations, but he has no authority to order an FBI investigation.

by Edith Roberts 9/27/2018 2:13:34 PM
FBI doesn't assess credibility or verify witness statements. Quotes Joe Biden during Justice THomas' hearings re usefulness of FBI reports. FBI does not reach a conclusion, period.

by Edith Roberts 9/27/2018 2:14:22 PM
They do not reach a conclusion or make recommendations.

by Edith Roberts 9/27/2018 2:14:44 PM
Grassley: Some colleagues have complained that an expert on the Republican side will question the witness (a sex crimes prosecutor). I see no basis for this complaint but for politics.

by Andrew Hamm 9/27/2018 2:15:26 PM
Grassley: These issues are difficult, which is why an expert was needed. I can think of no one better equipped to question the witnesses than Rachel Mitchell.

by Andrew Hamm 9/27/2018 2:16:21 PM
Grassley: She has spent working on sexual assault issues and educating others about how to handle them.

by Andrew Hamm 9/27/2018 2:17:07 PM
Grassley: There are other allegations. We have not had cooperation from attorneys representing other clients.

by Andrew Hamm 9/27/2018 2:17:33 PM

Featured Posts

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee
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The Supreme Court released orders from the December 7 conference on Monday; the justices added Kisor v. Wilkie to their merits docket for this term. The justices also released their decision in United States v. Stitt on Monday.
The justices will meet next for their January 4 conference. The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- In re Department of Commerce
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
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Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57