Breaking News

Tuesday round-up

For The Washington Post, Felicia Sonmez and others report that “Supreme Court nominee Brett M. Kavanaugh and the woman who has accused him of sexually assaulting her decades ago will testify publicly before the Senate on Monday, setting up a potentially dramatic and politically perilous hearing that could determine the fate of his nomination.” For USA Today, Richard Wolf reports on “what could happen as the drama over Christine Blasey Ford’s accusation and Kavanaugh’s denial plays out.” At NPR, Nina Totenberg looks at the “differences and similarities” between these allegations and those made by Anita Hill against Justice Clarence Thomas in 1991. Commentary comes from Curt Levey in an op-ed for Fox News, the editorial board of The New York Times, the editorial board of The Wall Street Journal, and the editorial board of The Washington Post.


  • Amy Howe reports for this blog, in a post first published at Howe on the Court, that the Trump administration yesterday “asked the Supreme Court to intervene in a dispute over documents in a lawsuit challenging the ban, announced in 2017, on open service in the U.S. military by transgender Americans.”
  • At, Alexis Johnson reports on a recent visit to the Newark Public Library by Justice Sonia Sotomayor “to celebrate the release of her two new children’s books and discuss how reading as a child helped her achieve an appointment to the nation’s highest court.”
  • At In a Crowded Theater, Erica Goldberg looks at a new case involving Jack Phillips, the cake artist whose refusal to create a cake for a same-sex wedding led to last term’s decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, who has “sued the Colorado Civil Rights Commission for another ruling against him and his bakery.”
  • For this blog, Andrew Hamm reports that “Cornell Law School’s Legal Information Institute has released an enhanced digital version of the ‘Constitution of the United States of America: Analysis and Interpretation,’ often known more simply as the ‘Constitution Annotated’ or ‘CONAN,’” which “provides Congress and the public with analysis of thousands of Supreme Court cases interpreting the Constitution.”
  • At The Federalist Society, Donald Kochan urges the justices to review two cases “applying novel tort theories to hold that paint companies committed a ‘public nuisance’ when they truthfully advertised a then-lawful product—lead paint—long before the dangers of lead paint were discovered and well before the sale or promotion of lead paint was outlawed.”
  • At the Sentencing Law and Policy Blog, Wayne Logan discusses Gundy v. United States, in which the justices will decide whether a provision of the federal sex-offender act violates the nondelegation doctrine, noting that Gundy is “a decidedly unlikely emissary in conservatives’ campaign to dismantle the administrative state.”

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Recommended Citation: Edith Roberts, Tuesday round-up, SCOTUSblog (Sep. 18, 2018, 7:12 AM),