SCOTUSblog

The Supreme Court of the United States blog

Tuesday round-up

August 14th, 2018 07:12 AM

Tuesday round-upCourt-watchers maintain their focus on records from Supreme Court nominee Brett Kavanaugh’s time working in the George W. Bush White House. For USA Today, Richard Wolf reports that documents from Kavanaugh’s two-year tenure in the White House counsel’s office reveal Kavanaugh’s “involvement in efforts by the Bush administration to get his nominees on to federal […]

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In Recess #8: “Would You Rather”

August 13th, 2018 07:57 AM

In Recess #8: “Would You Rather”Rick Hasen joins us to talk about his new book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”

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Monday round-up

August 13th, 2018 07:17 AM

Monday round-upOn Friday afternoon, Senate Judiciary Committee Chairman Chuck Grassley announced that the committee’s hearing on the nomination of Judge Brett Kavanaugh to succeed Justice Anthony Kennedy will begin on September 4 and last three to four days. Coverage comes from Elana Schor at Politico, Richard Wolf for USA Today, Seung Min Kim for The Washington […]

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SCOTUS Map: Summer 2018

August 10th, 2018 11:29 AM

SCOTUS Map: Summer 2018The Supreme Court is in a liminal state this summer. With the departure of Justice Anthony Kennedy, and the confirmation fight over his successor stretching into a second month, the court finds itself suspended between the end of one era and the dawn of the next. It is little wonder, then, that the justices on […]

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Friday round-up

August 10th, 2018 07:02 AM

Friday round-upRobert Barnes reports for The Washington Post that “[a] Senate committee released a sliver of the voluminous White House record of Supreme Court nominee Brett M. Kavanaugh on Thursday, amid a rancorous partisan debate over how the documents are being released to the public.” For The New York Times, Charlie Savage and Michael Shear report […]

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Petitions of the week

August 9th, 2018 01:42 PM

Petitions of the weekThis week we highlight cert petitions pending before the Supreme Court that address retroactive “public nuisance” liability and the due process clause, the application of a state anti-SLAPP provision in federal court, and the powers granted to states by the 21st Amendment. The petitions of the week are: ConAgra Grocery Products Co. v. California 18-84 Issues: (1) […]

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Thursday round-up

August 9th, 2018 07:34 AM

Thursday round-upSenate Democrats yesterday opened a new front in their effort to obtain records from Supreme Court nominee Brett Kavanaugh’s tenure as staff secretary to President George W. Bush. At The Hill, Jordain Carney reports that the Democratic members of the Judiciary Committee “filed Freedom of Information Act (FOIA) requests on Wednesday to try to force the Trump […]

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Empirical SCOTUS: The big business court

August 8th, 2018 04:51 PM

Empirical SCOTUS: The big business courtThe current Supreme Court is friendly toward big business. How friendly? If the court’s trajectory continues, perhaps as friendly as any court dating back to the Lochner era, when laissez-faire policies permeated the court’s rulings. Prominent scholars, most notably Lee Epstein, William Landes and Richard Posner, have found empirical support for the proposition that the […]

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Kavanaugh on the executive branch: <em>PHH Corp. v. Consumer Financial Protection Bureau</em>Judge Brett Kavanaugh wrote two opinions in PHH Corp. v. Consumer Financial Protection Bureau: a panel opinion declaring an aspect of the bureau to be unconstitutional and an opinion dissenting from the en banc U.S. Court of Appeals for the District of Columbia Circuit’s decision overruling his panel opinion. In both opinions, Kavanaugh expressed serious […]

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Wednesday round-up

August 8th, 2018 07:05 AM

Wednesday round-upThe nomination of Judge Brett Kavanaugh to the Supreme Court is keeping senators occupied even during their truncated August recess. At The Hill, Jordain Carney reports that “Sen. Dianne Feinstein (D-Calif.) is doubling down on her demand for the National Archives to hand over documents tied to … Kavanaugh’s tenure in the George W. Bush White House.” […]

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