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Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

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.

June 2019

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3rd & 7 37yd

Kavanaugh: Calendars do show some weekday gatherings, but none with the people Ford identified.

by Andrew Hamm 9/27/2018 7:37:56 PM
Kavanaugh: Calendars obviously not dispositive on their own, but they are another piece of evidence for you to consider.

by Andrew Hamm 9/27/2018 7:38:44 PM
Dr. Ford's allegation is radically inconsistent with his character, both then and now.

by Edith Roberts 9/27/2018 7:39:16 PM
Kavanaugh: The allegation is not consistent with my reputation and behavior my whole life. I had lots of friends who were women. I talked almost every night on the phone with friends.

by Andrew Hamm 9/27/2018 7:39:57 PM
Kavanaugh: Several of those great women are in the seats behind me today.

by Andrew Hamm 9/27/2018 7:40:13 PM
Kavanaugh: I liked beer. But I did not drink to the point of blacking out and I never sexually assaulted anyone.

by Andrew Hamm 9/27/2018 7:40:47 PM
Kavanaugh: If every American who drank beer in high school is presumed guilty of sexual assault, we will be in an ugly new place in this country.

by Andrew Hamm 9/27/2018 7:41:19 PM
As high school students, we sometimes did stupid or goofy things. For one thing, our yearbook was a disaster.

by Edith Roberts 9/27/2018 7:41:44 PM
Kavanaugh: Our yearbook was a disaster. Many of us went along to the point of absurdity. This past week, my friends and I have cringed when we read about it and talked to each other.

by Andrew Hamm 9/27/2018 7:42:10 PM
Kavanaugh: One of our good friends got her name used with the phrase "Alumnus," she was one of us but in the media circus it has been related to sex.

by Andrew Hamm 9/27/2018 7:43:20 PM
Kavanaugh: This may sound trivial [tearing up], I want to make clear for the future: she was and is a great person.

by Andrew Hamm 9/27/2018 7:43:48 PM
Kavanaugh: As for sex, this is not a topic I imagined would come up at a confirmation hearing. I did not have intercourse in high school or for many years after. I was shy about this but also inwardly proud of it.

by Andrew Hamm 9/27/2018 7:44:25 PM
Kavanaugh: Letter signed by 65 female friends, came together in one night. They knew they would be vilified if they defended me. They put themselves on the line for me.

by Andrew Hamm 9/27/2018 7:45:27 PM
Kavanaugh going through support he has received from women friends of his in this process.

by Andrew Hamm 9/27/2018 7:46:40 PM
Kavanaugh: I thank all my friends. I love all my friends.

by Andrew Hamm 9/27/2018 7:47:22 PM
Kavanaugh: For judges, training law clerks is an important responsibility. Clerks will become next generation of American lawyers and leaders. After I took the mention, news story about low numbers of female clerks, so I took action -- the majority of my law clerks have been women.

by Andrew Hamm 9/27/2018 7:50:02 PM
Kavanaugh: In my time on bench, no judge has sent more women clerks to the Supreme Court than I have.

by Andrew Hamm 9/27/2018 7:50:35 PM
Kavanaugh: Thanks to what some of you on this committee have unleashed, I may never be able to teach again.

by Andrew Hamm 9/27/2018 7:52:22 PM
Kavanaugh: You saw my athletes, you have a letter from their parents. I coach because I know a girl's confidence in basketball translates to other aspects of life. Thanks to what's been unleashed, I may never be able to coach again.

by Andrew Hamm 9/27/2018 7:52:59 PM
Kavanaugh: I've been a judge for 12 years. I have a long record of service to the Constitution. I am grateful to President Trump for nominating me. I thank him for his steadfast support.

by Andrew Hamm 9/27/2018 7:53:35 PM
Kavanaugh: Ashley and I knew this process would be challenging. We never expected it would devolve into this. Explaining this to our daughters has been difficult. Ashley has been a rock.

by Andrew Hamm 9/27/2018 7:54:12 PM
Kavanaugh: Due process means taking allegations seriously. But if a mere allegation is enough to destroy a person's life and career, we will have abandoned principles of due process and fairness.

by Andrew Hamm 9/27/2018 7:54:44 PM
Is this the standard you would want applied to your father, husband, brother, son?

by Andrew Hamm 9/27/2018 7:55:04 PM
Kavanaugh: I swear under oath that I am innocent of this charge.

by Andrew Hamm 9/27/2018 7:55:27 PM
Grassley is explaining that the process will be the same as before. Mitchell now up.

by Andrew Hamm 9/27/2018 7:55:59 PM
Mitchell: Have you been copy of questions I'll be asking? [No]

by Andrew Hamm 9/27/2018 7:57:04 PM
Mitchell: Review definition before you of sexual behavior.

by Andrew Hamm 9/27/2018 7:57:19 PM
Kavanaugh appears to still have his Sharpie.

by Mark Walsh 9/27/2018 7:57:31 PM
Kavanaugh reading.

by Andrew Hamm 9/27/2018 7:57:38 PM
Mitchell: Two parts, among examples are rubbing or grinding genitals against somebody, whether or not sexually motivated. Do you understand? [I do]

by Andrew Hamm 9/27/2018 7:58:19 PM
Mitchell: Ford stated 5-6 people present at the gathering -- you, Mark Judge, Leland, PJ, Dr. Ford, and an unnamed boy. Do you know Mark Judge? How? [Friend at Prep starting in 9th grade.]

by Andrew Hamm 9/27/2018 7:59:00 PM
Kavanaugh speaking about Judge. I haven't spoken to him in a couple years.

by Andrew Hamm 9/27/2018 7:59:53 PM
Mitchell: How did you know PJ? [Also ninth grade. We lived close to one another.]

by Andrew Hamm 9/27/2018 8:00:12 PM
Kavanaugh: He lives in the area. I see him once in a while. Not since "this thing."

by Andrew Hamm 9/27/2018 8:00:51 PM
Kavanaugh: I know of Leland. I don't want to rule out having crossed paths with her.

by Andrew Hamm 9/27/2018 8:01:13 PM
Feinstein, D-Calif.

by Andrew Hamm 9/27/2018 8:01:23 PM
Feinstein: You deny all three allegations? [Correct]

by Andrew Hamm 9/27/2018 8:01:36 PM
Feinstein: All three women have wanted the FBI to investigate. Why aren't you asking the FBI to investigate?

by Andrew Hamm 9/27/2018 8:01:55 PM
Kavanaugh: I'll do anything the committee wants. I wanted a hearing the day after the allegation came out. Instead it's been 10 days and all this nonsense comes out. I wanted a hearing the next day.

by Andrew Hamm 9/27/2018 8:02:29 PM
Kavanaugh: Whatever the committee decides, I'm all in immediately.

by Andrew Hamm 9/27/2018 8:02:45 PM
Feinstein: We're not in a position to prove or disprove. It would seem to me that when allegations came forward, you would want FBI to investigate and clear up.

by Andrew Hamm 9/27/2018 8:03:12 PM
Kavanaugh: I'm here.

by Andrew Hamm 9/27/2018 8:03:21 PM
Kavanaugh: It's an outrage that I wasn't allowed to come in and clear my name immediately.

by Andrew Hamm 9/27/2018 8:03:50 PM
Feinstein: These hearings are set by the majority. I'm talking about getting the evidence and having the evidence looked at. We hear from the witnesses but the FBI isn't interviewing them. [You're interviewing me.]

by Andrew Hamm 9/27/2018 8:04:38 PM
Feinstein: You're saying the allegations are wrong. [That is emphatically what I'm saying.]

by Andrew Hamm 9/27/2018 8:05:05 PM

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Interim Stat Pack for October Term 2018 – Adam Feldman

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This Week at the Court
The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, 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 -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- 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.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- 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.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
Recent Special Features
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
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Merits cases granted to date	73

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