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Our coverage of Judge Brett Kavanaugh’s nomination to the Supreme Court is available at this link.

Thursday round-up

By on Sep 13, 2018 at 7:15 am

For USA Today, Richard Wolf reports that “Supreme Court nominee Brett Kavanaugh responded to more than 1,000 written questions from dissatisfied Democrats Wednesday by revealing more about his personal finances but little more about his views on the law.” At The National Law Journal (subscription or registration required), Marcia Coyle and Tony Mauro highlight some of Kavanaugh’s answers to more than a thousand written questions posed by senators … in the wake of [Kavanaugh’s] confirmation hearing last week.” Additional coverage comes from Paulina Dedaj at Fox News, Seung Min Kim for The Washington Post, Lisa Mascaro at the Associated Press, and Ariane de Vogue and Phil Mattingly at CNN, who report that “Kavanaugh said he would have shaken hands and spoken with the father of a Parkland school shooting victim last week had he realized who he was.”

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On Tuesday, September 18, at 12:30 p.m., the Washington Legal Foundation will host a media briefing on the Supreme Court’s upcoming October 2018 term. Speakers include John Yoo, Shay Dvoretzky and Beth Brinkman; Thomas Goldstein will serve as moderator. More information about this event is available on the foundation’s website.

And on Friday, September 21, at 12:00 p.m., the Federalist Society will host its own preview of the upcoming term. Solicitor General Noel Francisco will offer opening remarks, followed by a panel featuring John Adams, Thomas Goldstein, Jennifer Mascott, Elizabeth Papez and Pete Williams as moderator. More information about this event, which will be held at the Mayflower Hotel in Washington, is available on the society’s website.

 
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On Friday, September 21, the Institute for Justice and the Liberty and Law Center at Antonin Scalia Law School will co-host a symposium on the 14th Amendment in which legal scholars, historians, judges and litigators will participate. The all-day event will feature a re-argument of the Slaughter-House Cases. More information about and a list of speakers for this event, which will be held at Antonin Scalia Law School in Arlington, Virginia, and which will offer Virginia CLE, is available on the Institute for Justice website.

 
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Petitions of the week

By on Sep 12, 2018 at 9:46 am

This week we highlight petitions pending before the Supreme Court that address, among other things, the constitutional implications of trial counsel’s failure to make an argument based on persuasive, as opposed to controlling, authority; the extent to which the National Bank Act pre-empts state laws; and the limitations the due process clause imposes when prosecuting a juvenile under a statute that provides only punishments that cannot constitutionally be applied to juveniles.

The petitions of the week are:

18-188

Issues: (1) Whether trial counsel’s failure to make an argument that courts of appeals outside the circuit have accepted (and the circuit has not addressed) may amount to constitutionally deficient assistance of counsel or, instead, whether only directly controlling precedent is relevant; and (2) whether, when a defendant and the government have agreed that the court will address at sentencing a factual question for purposes of imposing a statutory mandatory-minimum sentence, they have also implicitly agreed that the defendant’s “offense of conviction” has “established” the factual finding for purposes of the Sentencing Guidelines.

18-192

Issue: Whether the due process clause forbids the government from prosecuting an individual who was a juvenile at the time of the crime under a statute that provides no punishment that can constitutionally be applied to that individual.

18-212

Issues: (1) Whether the National Bank Act pre-empts state laws regulating national-bank loan terms, such as California’s law requiring payment of interest on mortgage-loan escrow accounts; and (2) whether the U.S. Court of Appeals for the 9th Circuit erred in disregarding regulations from the Office of the Comptroller of the Currency, the primary regulator of national banks, concerning the applicability of state real-estate lending laws to national banks.

Wednesday round-up

By on Sep 12, 2018 at 7:09 am

Ariane de Vogue and Phil Mattingly report for CNN that “[a]fter spending more than 20 hours testifying before the Senate Judiciary Committee last week, Supreme Court nominee Brett Kavanaugh is still answering questions,” as “Democrats are following committee rules and sending Kavanaugh pages and pages of so called ‘questions for the record.’” Todd Ruger reports for Roll Call that “[a]s the Senate continues its processing of … Kavanaugh, it does so in the shadow of the last day of the Senate Judiciary Committee’s hearing, with strikingly different depictions of the appeals court judge on display.” At USA Today, Erin Kelly reports that Judiciary Committee “Chairman Chuck Grassley, R-Iowa, released an agenda Monday with Kavanaugh’s name at the top of a list of judicial nominees that the committee will consider Thursday,” but that “Democrats are expected to use a committee rule to delay the vote until Sept. 20 or 27.”

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Tuesday round-up

By on Sep 11, 2018 at 7:15 am

Commentators continue to weigh in on the nomination of Judge Brett Kavanaugh to the Supreme Court in the wake of Kavanaugh’s Senate confirmation hearing last week. In an op-ed for Central Maine, Kavanaugh’s former White House colleague Sarah Day praises him as “a thoughtful leader [and] a champion of others.” For The Yale Daily News, Adelaide Feibel writes that “a few select Yalies had the chance [last week] to voice their opinions of Kavanaugh on a grand stage, before the Senate and the nation.” Lisa Keen argues at Keen News Service that Kavanaugh’s testimony “did nothing to quell concerns in the LGBT community that Kavanaugh is an ultra-conservative, maybe even anti-LGBT, jurist who will almost certainly give the Supreme Court’s existing four conservative justices the fifth vote they need to vote against the equal rights interests of LGBT people.”

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On September 25 at 12:30 p.m. EST, the State and Local Legal Center will host a webinar previewing the upcoming Supreme Court term. Speakers include Tom Fisher, Matt Zinn and Brianne Gorod. Registration instructions are available here.

 
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On Monday, September 17, at 4:30 p.m., the Constitutional Sources Project, iCivics and the Institute for Constitutional History at New-York Historical Society will celebrate Constitution Day with Justice Sonia Sotomayor. More information about the event, which will be held at the NYU Skirball Center Auditorium in New York, is available on this flyer.

 
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In our (hopefully) final episode of Good Behaviour (for a while), Ian Samuel and Leah Litman discuss their favorite and least favorite moments of Judge Brett Kavanaugh’s confirmation hearing.

Monday round-up

By on Sep 10, 2018 at 7:08 am

On Friday, the Senate Judiciary Committee wrapped up its four-day hearing on the nomination of Judge Brett Kavanaugh to the Supreme Court with a day of testimony from witnesses, including former law clerks to Kavanaugh, two former solicitors general, a survivor of the Parkland school shooting, and John Dean, President Richard Nixon’s White House counsel during Watergate. We live-blogged the session, and Jon Levitan rounded up early coverage and commentary for this blog. Amy Howe recaps the highlights of the day’s proceedings in a podcast at Howe on the Court; a Daily Journal podcast also has a rundown.

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