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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

Thanking Kennedy for lifetime of distinguished service.

by Amy Howe 7/10/2018 1:03:55 AM
I think I see Maureen Scalia in the front row. Anyone?

by Amy Howe 7/10/2018 1:04:09 AM
Now talking about Gorsuch, nominated to replace "the late great justice Antonin Scalia."

by Amy Howe 7/10/2018 1:04:35 AM
Says he chose Gorsuch b/c he would be faithful servant of Constitution. Introduces Maureen Scalia, who stands up.

by Amy Howe 7/10/2018 1:05:01 AM
Kennedy and Scalia appointed by Reagan, who understood judges should apply Constitution as written.

by Amy Howe 7/10/2018 1:05:45 AM
Says he doesn't ask about a nominee's personal opinions. What matters, he says, is setting aside personal views to do what laws and Constitution require.

by Amy Howe 7/10/2018 1:06:23 AM
It is Kavanaugh.

by Amy Howe 7/10/2018 1:06:30 AM
Kavanaugh is coming out now, joined by his wife Ashley and their daughters.

by Amy Howe 7/10/2018 1:06:45 AM
All four Kavanaughs are standing on the stage/dais/whatever it is.

by Amy Howe 7/10/2018 1:07:13 AM
I wonder how Justice Kennedy would feel about being replaced by a Justice Kavanaugh?

by Johann 7/10/2018 1:07:37 AM
Everyone is still just clapping. Kavanaugh is wearing a dark blue tie to contrast with Trump's light-ish blue tie.

by Amy Howe 7/10/2018 1:07:52 AM
Says Kavanaugh has impeccable credentials, commitment to equal justice under the law.

by Amy Howe 7/10/2018 1:08:21 AM
Considered judge's judge, says Trump. A true thought leader among his peers. Universally regarded as one of the finest and sharpest legal minds of our times.

by Amy Howe 7/10/2018 1:08:48 AM
Has devoted his life to public services, says Trump. Authored over 300 opinions (reporters groan inwardly).

by Amy Howe 7/10/2018 1:09:28 AM
Active in community. Coaches Catholic Youth Org basketball, serves meals to needy families, tutors children at local elementary schools. NO one more qualified or deserving for this position, says Trump.

by Amy Howe 7/10/2018 1:10:02 AM
He's not exactly politically moderate though. Christ, this is going to be a fight. And the Democrats have ammo, far more than they did against Gorsuch (frozen trucker aside)

by Ned 7/10/2018 1:10:04 AM
This incredibly qualified nominee deserves swift confirmation, says Trump.

by Amy Howe 7/10/2018 1:10:26 AM
Picture from the East Room by Mark Walsh.

by Andrew Hamm 7/10/2018 1:10:30 AM
WROTE. Not Authored. WROTE

by KPOM 7/10/2018 1:10:30 AM
Kavanaugh about to speak.

by Amy Howe 7/10/2018 1:10:52 AM
Thank you, says BK. I have witnessed your appreciation for the vital role of the American judiciary. NO president has ever consulted more widely, talked to more people with more backgrounds to seek input about nomination.

by Amy Howe 7/10/2018 1:11:30 AM
BK praising AMK. Devoted his career to securing the blessings of liberty.

by Amy Howe 7/10/2018 1:12:05 AM
Deeply honored to fill AMK seat. (I wish they would let the family members sit down!)

by Amy Howe 7/10/2018 1:12:21 AM
BK says his parents are there. Says he is an only child.

by Amy Howe 7/10/2018 1:12:38 AM
Says mother taught history at two predominantly African-American high schools in DC. Taught him importance of equality.

by Amy Howe 7/10/2018 1:13:08 AM
Mother went to law school when BK was 10. Says she taught him, "use your common sense. What rings true is true. What rings false is false." She was one of first woman prosecutors, was the first Judge Kavanaugh. Dad went to law school at night while working full time, passed on work ethic, love for sports.

by Amy Howe 7/10/2018 1:13:57 AM
Model of Georgetown Prep, his high school, was "men for others." Tried to live out that creed.

by Amy Howe 7/10/2018 1:14:14 AM
Judicial philosophy: Interpret the law, not make it. Interpret laws and Constitution as written.

by Amy Howe 7/10/2018 1:14:46 AM
Teaches law school, hired by then-Dean Elena Kagan.

by Amy Howe 7/10/2018 1:15:09 AM
Proud that a majority of his law clerks have been women. Proud member of vibrant D.C. Catholic community. Introduces priest for whom he used to serve as altar boy. Introduces daughter Margaret -- loves sports and reading. Liza loves sports and talking. She laughs

by Amy Howe 7/10/2018 1:16:10 AM
Talking up law clerk hiring practices—now we're getting to the good stuff! (Says he's had people of diverse perspectives. Will BK hire counter-clerks?!)

by Ian Samuel 7/10/2018 1:16:31 AM
Someone has asked about the priest in the front row -- that's Msgr. Enzler who was just mentioned.

by Andrew Hamm 7/10/2018 1:16:40 AM
Says he tried to create bonds with daughters like his father did with him. Says girls on his basketball team call him Coach K (draws a laugh), they just won city championship. Says they also go to lots of games, including Women's Final Four.

by Amy Howe 7/10/2018 1:16:56 AM
Ashley is West Texan, graduated from public school and UT-Austin, she's a town manager in Chevy Chase. First date was September 10, 2001; they sprinted out of Bush White House together the next day.

by Amy Howe 7/10/2018 1:17:36 AM
Ashley was a source of strength in days that followed September 11, for Bush and rest of White House. Says he thanks God every day for his family.

by Amy Howe 7/10/2018 1:18:06 AM
Tomorrow I begin meeting with senators, says BK.

by Amy Howe 7/10/2018 1:18:19 AM
I will tell each senator that I revere the Constitution. I believe an independent judiciary is the crown jewel of our republic. If confirmed, will keep an open mind in every case, strive to preserve constitution and American rule of law.

by Amy Howe 7/10/2018 1:19:00 AM
Thank you Mr. President. Kavanaugh family group hug.

by Amy Howe 7/10/2018 1:19:11 AM
BK looks extremely happy.

by Amy Howe 7/10/2018 1:19:39 AM
He’s going out of his way to talk about how much he respects women.

by KPOM 7/10/2018 1:19:49 AM
And that is all. They walk out with Trump, now there is a lot of milling around.

by Amy Howe 7/10/2018 1:20:14 AM
Kennedy goes back-to-back with former clerks nominated to the Court. As does Georgetown Prep. Whether that's impressive or worrisome, it certainly is something.

by John 7/10/2018 1:20:18 AM
Everyone likes to point out that the two newest Justices (Gorsuch and now Kavanaugh) are both former clerks of Kennedy's, as if to say that they have Kennedy's stamp of approval. But at the same time, former clerks will always say that Justices don't screen out clerks based on ideology. Isn't perfectly possible that a Justice could hire a clerk they deeply disagree with for their legal skills and pray to g-d that clerk never comes up for nomination?

by Sammy! 7/10/2018 1:20:59 AM
I believe that is all we will get tonight. I am going to get to work on my post on the nomination, but hopefully Ian, Dan and Leah will stick around to talk amongst themselves and answer your questions. We'll be back again live blogging the hearings, though!

by Amy Howe 7/10/2018 1:21:13 AM
So, what were the Kennedy opinions in the year that Gorsuch and Kavanaugh clerked?

by NBC just announced it's Kavanaugh. 7/10/2018 1:22:23 AM
The bit about then-Dean Kagan hiring him surprised me most. I read that and thought 'this is what all the red-state Democratic Senators will reference in the approval speeches.' Kagan intentionally sought intelligent and respectable conservatives to diversify the Law School.

by Jonathan K 7/10/2018 1:23:45 AM
Another photo from the East Room by Mark Walsh.

by Andrew Hamm 7/10/2018 1:23:53 AM
This was live on my TV here in Australia. We're much more engaged with American stuff including judicial stuff than perhaps previously.

by Ne 7/10/2018 1:27:55 AM
We are going to collect statements about Kavanaugh's nomination. These can be sent to nominationstatements [at] gmail [dot] com.

by Andrew Hamm 7/10/2018 1:29:27 AM
We're going to shut down the live blog. Thanks for joining us! We'll have a post up about the nomination soon.

by Andrew Hamm 7/10/2018 1:31:53 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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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