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Editor's Note :

Scribble

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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Conference of June 13, 2019

3rd & 7 37yd

Klobuchar: But we'd like the FBI to be able to ask questions of him.

by Edith Roberts 9/27/2018 9:03:40 PM
Klobuchar: Sober in AA at age 90. You have said that you never drank so much as to not remember what happened. We have heard otherwise.

by Andrew Hamm 9/27/2018 9:05:07 PM
Klobuchar: Drinking is one thing. But the concern is about truthfulness. Did you ever drink so much that you can't remember what happened or part of what happened the night before? [No, and I wonder whether you have.]

by Edith Roberts 9/27/2018 9:06:45 PM
Klobuchar: Drinking is one thing, but the concern is about truthfulness. In written testimony, you said sometimes you drank too much. [No, I remember what happened.] Never a case where you drank so much that you didn't remember? [Have you?]

by Andrew Hamm 9/27/2018 9:06:47 PM
Grassley now quoting Biden as dismissing importance of FBI investigations. FBI does not make conclusions or recommendations.

by Andrew Hamm 9/27/2018 9:08:31 PM
Whitehouse: I have, others have, asked for FBI investigation. It's not so much the conclusion an FBI investigation draws, but the breadth of evidence that is brought out, and the difference one might say to an FBI agent than to a lawyer.

by Andrew Hamm 9/27/2018 9:09:08 PM
Whitehouse: The first background investigation in history not re-opened when new information like you mentioned brought up.

by Andrew Hamm 9/27/2018 9:09:34 PM
Fifteen minute break now.

by Edith Roberts 9/27/2018 9:10:26 PM
What's the speaking order for the remaining senators?

by Anonymous Coward 9/27/2018 9:19:17 PM
Okay, we are getting going again.

by Andrew Hamm 9/27/2018 9:28:21 PM
Kavanaugh apologizes to Klobuchar about asking whether she had ever blacked out. Klobuchar says she appreciates that; when you're the child of an alcoholic, you are careful about your drinking.

by Andrew Hamm 9/27/2018 9:30:11 PM
Hatch, R-Utah is speaking.

by Andrew Hamm 9/27/2018 9:30:24 PM
Hatch: This man is not a monster.

by Andrew Hamm 9/27/2018 9:30:52 PM
It's not clear what order the Republicans are going in. Mitchell was ceded time by three of them, but it's not clear which ones and now they are asking their own questions in what appears to be a random order.

by Edith Roberts 9/27/2018 9:31:32 PM
Hatch: We agree that if Kavanaugh committed this assault, he should not be confirmed. But the circus atmosphere after Democrats sat on allegation has not helped us.

by Andrew Hamm 9/27/2018 9:31:45 PM
Hatch: This is worse than Bork and Thomas and I didn't think it could get worse than that. This is a national disgrace.

by Andrew Hamm 9/27/2018 9:32:11 PM
Kavanaugh was an immature high schooler. That he wrote or said stupid things doesn't make him a sexual predator.

by Edith Roberts 9/27/2018 9:33:04 PM
Hatch: Guilt by association is wrong. That Kavanaugh drank in high school and college does not make him guilty of what he's been accused of.

by Andrew Hamm 9/27/2018 9:33:40 PM
Hatch: When did you first learn of allegations?

by Andrew Hamm 9/27/2018 9:33:52 PM
Immaturity does not equal criminality. A lifetime of respect and equal treatment ought to mean something.

by Edith Roberts 9/27/2018 9:33:55 PM
Kavanaugh: A week ago Sunday with the WaPo story.

by Andrew Hamm 9/27/2018 9:34:04 PM
Hatch: Did ranking member raise when you met or in hearing or written questions? [No] First time asked by ranking member about allegation? [Today]

by Andrew Hamm 9/27/2018 9:34:40 PM
Coons, D-Del.

by Andrew Hamm 9/27/2018 9:35:06 PM
Coons: I've found some of your answers evasive on key issues.

by Andrew Hamm 9/27/2018 9:35:41 PM
Against backdrop of previous hearing sessions is how Coons is assessing today's testimony.

by Edith Roberts 9/27/2018 9:35:52 PM
Coons: Have you ever gotten aggressive while drinking or forgotten an evening? [Two questions, as for the first, basically no, what are you talking about?]

by Andrew Hamm 9/27/2018 9:36:23 PM
Coons: Do you remember Liz Swisher?

by Andrew Hamm 9/27/2018 9:36:59 PM
Coons: She said Brett Kavanaugh drank more than a lot of people. How should we assess that?

by Andrew Hamm 9/27/2018 9:37:47 PM
Coons: Quoting other college classmates re Kavanaugh's drinking.

by Edith Roberts 9/27/2018 9:38:45 PM
Coons: Why not agree to a one-week pause to allow the FBI to investigate these allegations in order to clear your name? [All four witnesses alleged to be at the event said it didn't happen.]

by Andrew Hamm 9/27/2018 9:39:44 PM
Coons: If you were conducting a job search for a very important position and a credible allegation about a candidate came up near the end of the process, wouldn't you want to investigate further?

by Edith Roberts 9/27/2018 9:40:03 PM
Coons: I've struggled with the absence of a fair, neutral, law-enforcement investigation. I'm concerned with what this will do to the credibility of the court and will hang over your service.

by Andrew Hamm 9/27/2018 9:40:17 PM
Kavanaugh: For us, every day has been a lifetime. It's been investigated.

by Andrew Hamm 9/27/2018 9:40:40 PM
Grassley: There could have been time over the summer for an investigation.

by Andrew Hamm 9/27/2018 9:41:49 PM
(Coons is D-Del., not D-Conn.)

by dc074 9/27/2018 9:42:19 PM
Lee, R-Utah

by Andrew Hamm 9/27/2018 9:43:00 PM
Lee: You do not control the FBI, correct? [That's correct]

by Andrew Hamm 9/27/2018 9:43:14 PM
Lee: Feinstein had a moral obligation to contact the FBI when she first heard about the allegations.

by Edith Roberts 9/27/2018 9:44:18 PM
Lee: But whenever we asked you questions, you were attentive and responsive. Two ironies. At least one of my colleagues had access to this information weeks before anyone else. Also, calling for investigation by FBI while we are in the middle of a conversation with you.

by Andrew Hamm 9/27/2018 9:44:49 PM
Lee: During Clarence Thomas hearing, Biden made observations about FBI -- FBI does not reach conclusions or recommendations

by Andrew Hamm 9/27/2018 9:46:38 PM
Sasse slides in for last minute to Lee, so Kennedy can have his time.

by Andrew Hamm 9/27/2018 9:47:24 PM
Sasse: I think Dr. Ford is a victim. But Feinstein had recommended she hire a lawyer before the first hearing, and this was never asked?

by Andrew Hamm 9/27/2018 9:48:43 PM
Blumenthal, D-Conn.

by Andrew Hamm 9/27/2018 9:49:04 PM
Blumenthal: False in one thing, false in everything -- jury instructions mean that jury can disbelieve witness if find him to be false in one thing. The core of why we are here is credibility. [Core of why we're here is because of allegation the four witnesses say didn't happen.]

by Andrew Hamm 9/27/2018 9:50:15 PM
Blumenthal asked about Renate Alumnus, Kavanaugh says question is false.

by Andrew Hamm 9/27/2018 9:51:04 PM

Featured Posts

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
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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
Statistical Snapshot

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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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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