Scribble

Editor's Note :

Breaking News :

Scribble

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

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

Featured Posts

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Live Blog Archives

Mar. 2019

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of March 15, 2019

3rd & 7 37yd

Great SCOTUSblog coverage of the potential nominees (Amy and Edith) - thanks a lot!

by andrew 7/10/2018 12:35:40 AM
Does Merrick Garland’s failure to receive a confirmation vote qualify as a constitutional crisis? It’s really difficult for me to imagine how the founding fathers would have allowed such a miscarriage of justice for such a qualified potential Justice.

by Eli Alman 7/10/2018 12:36:55 AM
From a liberal's perspective, Kennedy was a huge disappointment: Citizens United, McCutcheon, Shelby County, Heller, Twombly, Iqbal, Frederichs/Janus, Epic, Bush v. Gore... Yes, he was good on gay rights and on scaling back the applicability of the death penalty and life-without-parole sentences, but precious little else. Can this new nominee be any worse?

by Erik 7/10/2018 12:37:17 AM
Assuming it's Kavanaugh, would it be accurate to view Amy Barrett as the next "better" on deck?

by Miami John 7/10/2018 12:38:16 AM
Anybody else here going to be thrilled with any of these potential picks orrr is that just me?

by Sam Z 7/10/2018 12:39:16 AM
Kavanaugh would likely have to be recused from some very important cases: To wit, constitutional challenges to the CFPB, Hagan v. Garza, the Clean Power Plan repeal. I wonder if that is a big factor.

by JRC 7/10/2018 12:39:47 AM
Has anyone else seen the "advertisement" the White House has uploaded to Facebook?

by Just Wondering 7/10/2018 12:40:53 AM
We can expand that more. 6 of 9 justices were nominated by Presidents who didn’t earn 50% of the popular vote.

by Greg 7/10/2018 12:42:16 AM
I am extremely nervous about this since Masterpiece seemed to be a last ditched effort keep the peace when it came to balancing religious liberty and anti-discrimination laws. but with the new justice I'm deeply concerned that absent a federal ENDA Law I won't be protected

by Matthew 7/10/2018 12:43:06 AM
Hello, everyone! Only 18 minutes until the news conference? ceremony? announcement? starts. I'm not really sure what to call it.

by Amy Howe 7/10/2018 12:43:55 AM
By the way, if you haven't already, be sure to check out Art Lien's amazing banner on the blog right now.

by Amy Howe 7/10/2018 12:44:13 AM
Were SCOTUS nominees announced in prime time before the Age of Trump?

by cwgivens21 7/10/2018 12:45:49 AM
Has anyone seen the cases that are queued up argument for OT2018 in which Kavanaugh et al were on the panel?

by DCWatch 7/10/2018 12:46:18 AM
yeah, I feel like this is the Bachelorette SCOTUS edition.....

by Matthew 7/10/2018 12:47:13 AM
Whoever the nominee is they will undoubtedly be more conservative than Kennedy, my vote was worth it, despite all this President's shortcomings my vote for him was worth it and who knows what else the future holds for the Court during his term(s?)

by Jerrett 7/10/2018 12:47:19 AM
Can I voice my displeasure with the "4/9 Justices will have been appointed by Presidents who lost the popular vote" statistic? Both of Bush's successful nominees were chosen in his second term (2005 and 2006), after he quite definitely won the popular vote in the 2004 election. Trump is the first popular vote loser to make an appointment to the Court since Benjamin Harrison. The real number is only going to be 2/9 if Trump can make a second successful nomination.

by Vosmyorka 7/10/2018 12:48:04 AM
So Leah, would a challenge to the Clean Power Plan repeal be a new case for recusal purposes? I suppose it would.

by JRC 7/10/2018 12:48:11 AM
Are theories of constitutional interpretation, like "originalism" and "pragmatism," ideas or terms that seasoned lawyers and jurists take seriously and use? Do they use those labels for themselves? Or are these more like popular culture / political terms?

by Miami John 7/10/2018 12:48:54 AM
Surprise, the pick is Obama.

by JM 7/10/2018 12:50:12 AM
Where do you think Kavanaugh will ultimately fall on the Court's composition if confirmed? To the right of Roberts? To the right of Alito?

by JSB 7/10/2018 12:51:13 AM
Who is the last person to turn down a SCOTUS nomination?

by cwgivens21 7/10/2018 12:51:56 AM
Pete Williams is reporting on TV right now that it is Kavanaugh, FWIW.

by Amy Howe 7/10/2018 12:52:51 AM
Kavanaugh dissented in Lorenzo v. SEC (17-1077).

by EEB 7/10/2018 12:53:06 AM
For any new readers, here's our profile again on Kavanaugh (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 12:53:46 AM
If Kavanaugh is in - was there ever a situation with two justices that clerked for the same justice at the same term (if I’m not wrong)?

by ZS 7/10/2018 12:53:47 AM
John Roberts of Fox News just said he and Shannon Bream were given strong
indication that it BK

by Joe Rigney 7/10/2018 12:55:22 AM
Will BK be an avid questioner at oral argument? What's his writing style like?

by Just Wondering 7/10/2018 12:56:06 AM
Well, that's exactly why my tidbit includes the qualification "for their first term in office." We can disagree over the advantage an incumbent might have in a subsequent election, though, and I'm sorry my statistic displeased people.

by Luke 7/10/2018 12:56:43 AM
Do you think that future presidential candidates will publish lists like the one Trump has selected his first two picks from?

by KPOM 7/10/2018 12:57:07 AM
The million documents we'll be seeking in Kavanaugh FOIA lawsuits will make the 175,000 we got in the Gorsuch FOIA lawsuit seem small by comparison. Can't wait.

by Gabe Roth 7/10/2018 12:58:02 AM
Recall that CJ John Roberts was with John Calipari before a UK basketball game when Gorsuch was announced

by cwgivens21 7/10/2018 12:58:13 AM
KPOM, some will and some won't. Trump needed to for a very particular reason that may not come up for other Presidential nominees.

by PTC 7/10/2018 12:59:03 AM
Kavanaugh seems like the most probable choice to me based only on the facts that this President both cannot get out of his own way and loves drama. Kavanaugh's confirmation process will be much more complicated given his past political experience.

by I really don't care. Do u? 7/10/2018 12:59:33 AM
Don McGahn's got a pretty good seat at the press conference. Nice day for him, as BK had been his choice from the start.

by Ian Samuel 7/10/2018 1:00:09 AM
One minute to go . . . .

by Amy Howe 7/10/2018 1:00:23 AM
What is kavanaugh’s political experience people are concerned about?

by Brian 7/10/2018 1:00:39 AM
Here comes Melania Trump, and everyone just stood up, which suggests Trump is on his way.

by Amy Howe 7/10/2018 1:01:10 AM
Never mind. Everyone just sat down. Maybe they stood up for Melania Trump.

by Amy Howe 7/10/2018 1:01:53 AM
How many on the LiveBlog right now?

by dystopianhero 7/10/2018 1:01:59 AM
I wouldn’t want to be anywhere but here with you all....

by Kim 7/10/2018 1:02:02 AM
Everyone just stood up again and is clapping. It is Trump, no sign of nominee yet.

by Amy Howe 7/10/2018 1:02:24 AM
Kavanaugh's parents spotted in the room . . .

by I really don't care. Do u? 7/10/2018 1:02:33 AM
Trump entering and about to, in the words of the Bachelorette, do the dang thing.

by Ian Samuel 7/10/2018 1:02:36 AM
Says this is one of his most profound responsibilities.

by Amy Howe 7/10/2018 1:02:56 AM
Praising Anthony Kennedy.

by Amy Howe 7/10/2018 1:03:39 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
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

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

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Full Calendar Submit Event

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Download our App in the Apple Store
Videos see all

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.

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.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
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