Supreme Court Update: And Then There Were <strike>Three</strike> Four
They're all distinguished conservative jurists, although not the most diverse group.
Morning Docket: 01.23.17
* Several prominent lawyers and legal scholars are filing a lawsuit alleging that Donald Trump is violating the Emoluments Clause by letting his businesses accept money from foreign governments -- but the litigation looks like a long shot to some. [New York Times via How Appealing] * Former Homeland Security Secretary Jeh Johnson (previously profiled here) is returning to private practice -- and, not surprisingly, to Paul, Weiss. [American Lawyer] * Judge Andrew Hanen (S.D. Tex.), who brutally benchslapped the Obama Justice Department last year, has withdrawn the sanctions he imposed on the DOJ, finding that the misstatements in question were inadvertent. [ABA Journal] * If you've been handicapping the Supreme Court race, adjust the odds in favor of Judge Neil Gorsuch (10th Cir.) -- he's conservative but less contentious than some other nominees, as noted by Jan Crawford. [CBS News] * Confirmability might be increasing in importance as a factor for picking a SCOTUS nominee now that Senate Minority Leader Chuck Schumer pledged to block any nominee who is not "bipartisan and mainstream." [How Appealing] * The Obama Administration didn't fare so well before SCOTUS; will the Trump Administration do any better? [New York Times] * The Second Circuit joins the Seventh Circuit in considering whether discrimination "because of sex" encompasses discrimination based on sexual orientation. [New York Law Journal]
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Handicapping Donald Trump’s Supreme Court Shortlist
It looks like it's down to two: Judge Diane Sykes and Judge Bill Pryor.
Ten Years Of The Roberts Court
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The Not-So-Young and the Restless: Drama at One First Street?
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Attorney General Eric Holder Responds to Judge Jerry Smith’s Homework Assignment
Attorney General Eric Holder has filed his reply to the Fifth Circuit's "homework assignment" -- a single-spaced, three-page letter discussing judicial review. What did he have to say?
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Benchslap of the Day: Fifth Circuit Orders DOJ To Write ‘We Respect Judicial Review’ in Three-Page Letter
The nation recently received a lesson in constitutional law from President Barack Obama. The problem with this lesson: it wasn't exactly accurate. One prominent conservative jurist, Judge Jerry E. Smith of the Fifth Circuit, took it upon himself to set the record straight....
Will SCOTUS Go to the SOTU This Year?
Tomorrow night, many of us will tune in to President Barack Obama’s State of the Union address — hoping to catch more catfighting than on an episode of Jersey Shore. Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme […]
Justice Scalia at the Federalist Society Fête
On Thursday evening, I had the great pleasure of attending the annual dinner at the Federalist Society’s National Lawyers Convention, in Washington, D.C. The event — attended by an estimated 1,400 people, and held in the cavernous ballroom at the Omni Shoreham — featured, as always, conservative and libertarian legal luminaries galore. (Did Judge Diane […]
Quote of the Day: Maybe He Can Offer Her a Clerkship?
Sam, you ought to thank Harriet Miers for making this possible. — President George W. Bush to newly confirmed Justice Samuel Alito, as recounted in President Bush’s new memoir, Decision Points (via Jan Crawford).
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This tweak to your financial management seems like a no-brainer.
Quote of the Day: Already Working on His Gay Marriage Opinion?
[A]ll of us in a pluralistic society have components to our identity; we are Republicans or Democrats, we are Christians or atheists, we are single or married, we are old or young. — Justice Anthony M. Kennedy, waxing poetic at oral argument in Snyder v. Phelps (via Jan Crawford).