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Monday round-up

At The New York Times, Robin Pogrebin and Kate Kelly explore allegations of sexual misconduct against Justice Brett Kavanaugh that surfaced during Kavanaugh’s confirmation hearing last year. Catherine Lucey reports for The Wall Street Journal that “[p]olitical sparring over … Kavanaugh ’s … confirmation … flared up Sunday following [the] report, with some Democratic presidential candidates calling for his removal from the bench and President Trump defending his court pick.” Additional coverage comes from Tucker Higgins at CNBC and Gabriella Munoz at The Washington Times.

At The Atlantic, Garrett Epps argues that “the Court’s decision Wednesday to allow the administration to implement its new, restrictive rules for amnesty applications at the southern border … was both premature and unnecessary, and it is part of a troubling pattern of deference to Trump’s wishes.” Additional commentary comes from Kenneth Jost at Jost on Justice.


  • At the Washington Legal Foundation, Jeremy Broggi and Bert Rein write that Justice Neil Gorsuch’s dissent in Gundy v. United States, in which the court affirmed a lower-court judgment finding that Congress properly delegated authority to the U.S. attorney general to apply the registration requirements of a sex-offender-registration law, “may presage a coming sea change in judicial review of agency rules implementing broad Congressional directives.”
  • In an op-ed for Fox News (via How Appealing), Jane Nitze, who recently collaborated with Gorsuch on a book, writes that a “fundamental commitment to the individual and our democratic order is the common thread running through Gorsuch’s philosophy.” 
  • At Second Thoughts, Jake Charles highlights a cert petition that involves potential tort liability stemming from online sales of firearms.
  • In an op-ed for The Daily Caller, Jake Warner urges the court to review Arlene’s Flowers v. Washington, which asks whether the First Amendment bars Washington state from requiring a Christian florist to design flowers for a same-sex wedding.

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Recommended Citation: Edith Roberts, Monday round-up, SCOTUSblog (Sep. 16, 2019, 4:54 AM),