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Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case – Joel Goldstein

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Live blog of nomination | July 9, 2018 (with First Mondays)

Live blog of nomination | July 9, 2018 (with First Mondays)

We live-blogged with First Mondays as President Donald Trump nominated Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court.

We live-blogged with First Mondays as President Donald Trump nominated Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court.

Mar. 2019

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Conference of March 15, 2019

3rd & 7 37yd

Hi! The word seems to be that it’s Hardiman. Any thoughts?

by KPOM 7/10/2018 12:01:52 AM
Hi everyone, and welcome to the Kavanaugh Coronation Hour! Glad to be joining you.

by Ian Samuel 7/10/2018 12:02:29 AM
For those of you who aren't caught up on the last-minute news:
- Amy Coney Barrett is at her house in Indiana. It's not her.
- Kethledge was informed by phone that it's not him.
- Hardiman is in DC, but has a pre-existing reason to be there
- The DC Circuit rushed out an opinion in a boring case about attorney's fees in which Kavanaugh was on the panel, and in which there was a dissent, on a day when the DC Circuit doesn't normally issue opinions
Do with that what you will.
by Ian Samuel 7/10/2018 12:04:39 AM
What do you think the chances are that the new Justice will recuse themselves from cases arising from investigations against the President ongoing at the time they were nominated? Has recusal philosophy ever been discussed during confirmation hearings?

by Just_Curious 7/10/2018 12:05:02 AM
Which Taylor Swift song describes BK best?

by Kenneth 7/10/2018 12:06:13 AM
What are the odds Kavanaugh is seated by the start of the term?

by PB 7/10/2018 12:07:53 AM
How confirmable is Kavanaugh vs the other choices? Do you sense Collins wasn’t going to support Barrett? And why not the others?

by KPOM 7/10/2018 12:08:26 AM
What is going to be Kavanaugh's biggest challenge during the confirmation process?

by Just Wondering 7/10/2018 12:10:24 AM
Are we sure it's Kavanaugh?

by Dave 7/10/2018 12:10:40 AM
Hi, all! I'll be in and out as I'm juggling two small kids, but I'm happy to answer questions in between bouts of toddler-wrangling.

by Dan Epps 7/10/2018 12:10:57 AM
How many glasses of wine have y'all had so far?

by Ar 7/10/2018 12:11:19 AM
I'm in Paris for July, and so I was really rooting for a more civilized 1pm EDT (7pm CEST) announcement.

by Ian Samuel 7/10/2018 12:12:20 AM
Does a new justice begin preparing to hear cases before confirmation is completed (tentatively hiring staff, reading briefs and memos, etc.) or do they wait until after the final vote?

by PB 7/10/2018 12:12:29 AM
The DC Circuit rushing out a Kavanaugh opinion today strikes me as a red herring. Not saying it's not him, but

by tforsean 7/10/2018 12:12:36 AM
What do you think the odds of a surprise pick are? Not saying I'm biased, but...

by Merrick Garland 7/10/2018 12:13:39 AM
U.S. Marshal outside of Kethledge's house apparently told CNN he's at home—not a surprise given what we knew, but he and ACB are seemingly officially out of the running. Barrett will be back for the next vacancy if there is one, but this might have been Kethledge's shot.

by Ian Samuel 7/10/2018 12:15:02 AM
Do you have a link to the opinion the D.C. Circuit rushed out today?

by DCWatch 7/10/2018 12:15:09 AM
Is anyone else equally excited and terrified? As a law student I’m excited because this doesn’t happen too often. As an individual, I’m cautious. I think if it’s Hardiman or Kavanaugh, it won’t be as significant a change as people believe.

by BlakeRunsLots 7/10/2018 12:15:36 AM
The term is shaping up, at least so far, to be less controversial than last term. How soon, realistically, would a case about overruling Roe come up to the Court?

by Fan of SCOTUSblog 7/10/2018 12:16:50 AM
Lot of talk about Kavanaugh on the live blog. Here's our profile on him (by Edith Roberts):

Potential nominee profile: Brett Kavanaugh - SCOTUSblog
SCOTUSblogWhen then-candidate Donald Trump released his first two lists of potential Supreme Court nominees in May and September of 2016, the omission of Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit drew comment. Kavanaugh had served for 10 years on a bench known as

by Andrew Hamm 7/10/2018 12:18:35 AM
I should have had the seat that’s being filled today.

by Robert Bork 7/10/2018 12:19:39 AM
sorry, my previous comment was posted prematurely. my point was that the opinion would have been in the works for at least a few days. I don't doubt that it was rushed out as a precautionary measure, but the decision to expedite it must have bern made before Trump's final decision (assuming the reports yesterday and earlier today were correct)

by tforsean 7/10/2018 12:20:00 AM
As a conservative, I’m least excited about Kavanaugh.

by Georgia 7/10/2018 12:20:18 AM
Is there anything interesting jurisprudentially about BK at all or is he just an Alito clone?

by Ar 7/10/2018 12:20:57 AM
Justice Ginsburg seems to be in good health. If, hypothetically, President Trump won a second term, what is the likelihood he might get to appoint a third Justice?

by Fan of SCOTUSblog 7/10/2018 12:22:04 AM
Calling it now William H. Pryor Jr. complete wild card.

by Jerrett 7/10/2018 12:22:29 AM
Why do people think it's Kavanaugh over Hardiman? Is it just the SUV caravan + rushed out D.C. Circuit opinion?

by Dave 7/10/2018 12:22:44 AM
Maybe Trump will surprise us all and nominate a sane candidate: Richard Posner.

by Erik 7/10/2018 12:23:17 AM
What happens to a circuit court judge's clerks if the judge is confirmed to the Supreme Court? Do they go with him or remain below or are they just out of a job?

by justreasoner 7/10/2018 12:25:31 AM
The Obamacare as a tax idea started with Kavanaugh. That’s why he doesn’t excite conservatives as much as Barrett does.

by KPOM 7/10/2018 12:25:58 AM
What are the odds the President pulls a Harriet Miers and appoints a wild card that no one saw coming? Like Michael Cohen

by Rob 7/10/2018 12:26:09 AM
Is there anything methodologically distinctive about either of the two apparent finalists? Is it definitely going to be the same orthodox blend of textualism and originalism that Justice Gorsuch embodies, or is there the potential for some deviation in either of them?

by The Black Swan of Trespass 7/10/2018 12:26:43 AM
Was Merrick Garland ever under serious consideration during this nomination round? Or was that just a Chuck Schumer pipe dream? I’d like to hold out hope that he was, but I guess my faith in American democracy is old fashioned :3

by Garrison Lovely 7/10/2018 12:27:46 AM
Has Amul Tharpar completely dropped off consideration?

by guestyguest 7/10/2018 12:29:05 AM
Merrick Garland was only a possibility in the minds of people who thought The West Wing was how politics actually work

by oxwof 7/10/2018 12:29:55 AM
From a conservative standpoint, Hardiman seems to rank high on a "Souter risk" scale. Do you agree?

by Angel from Mexico 7/10/2018 12:30:12 AM
Kavanaugh is known for hiring clerks from both sides of the aisle, right?

by KE 7/10/2018 12:30:44 AM
ACB would have been a habeas disaster, judging by a recent off-target dissent. Not that many much care on that score.

by IndianaHabeas 7/10/2018 12:30:54 AM
When will we get the first installment of "Good Behavior" following the announcement?

by Just Wondering 7/10/2018 12:31:54 AM
But does Hardiman make it easier to pull in votes from middle america in the mid terms? Is that a factor?

by Mark 7/10/2018 12:32:03 AM
Does anyone have any thoughts regarding the 150th anniversary of the Fourteenth Amendment?

by Ken 7/10/2018 12:32:25 AM
To what extent might we see Kavanaugh's work on the Clinton impeachment come into play during his confirmation hearings?

by JJR 7/10/2018 12:33:25 AM
Will this nomination be televised?

by R Powell 7/10/2018 12:33:47 AM
If Kavanaugh is the pick, might it be an olive branch to Collins and Murkowski that ACA might not be a target of the new justice?

by MNWatcher 7/10/2018 12:34:26 AM
4 out of 9 justices will have been appointed by presidents who lost the popular vote but won their elections for their first term in office. Out of curiosity, I looked up whether this has happened before, and it has: Benjamin Harrison lost the popular vote but won his election, and appointed 4 out of 9 justices.

by Luke 7/10/2018 12:35:08 AM

Featured Posts

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case – Joel Goldstein

Argument preview: The Hobbs Act as ordinary or extraordinary administrative law – Christopher Walker

Justices add constitutional question to citizenship case – Amy Howe
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
- Garza v. Idaho The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
- Jam v. International Finance Corp. The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.
- Madison v. Alabama The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
- Nutraceutical Corp. v. Lambert Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
- Yovino v. Rizo The U.S. Court of Appeals for the 9th Circuit erred when it counted as a member of the majority a judge who died before the court’s opinion in this case was filed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 50

Cases decided 21

Summary reversals 4

Merits cases granted to date 75

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Awarded the Peabody Award for excellence in electronic media.
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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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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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Awarded the Webby Award for excellence on the internet.

Cases argued	50
Cases decided	21
Summary reversals	4
Merits cases granted to date	75

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference