“There’s A Showdown Brewing In The Senate That Could Change Supreme Court Nominations Forever; If Senate Republicans go through with the so-called ‘nuclear option,’ one of their own warns that future presidents, from either party, will ‘have no reason to appoint a Boy Scout like Gorsuch'”: Emma Loop of BuzzFeed News has this report.
“Should Judges Consult Their Personal Moral Convictions? A dialogue on how to weigh the law and common sense on the bench.” Slate has posted online this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen.
“U.S. Supreme Court weighs Advocate pension case”: Lisa Schencker of The Chicago Tribune has this report.
Jacklyn Wille of Bloomberg BNA reports that “Hospital Pension Plans Seek Salvation at SCOTUS.”
Kelsey Dallas of The Deseret News has an article headlined “What counts as a church? Supreme Court pension case asks important question.”
And today at the “Democracy in America” blog of The Economist, Steven Mazie has a post titled “Falling short: Justices ask whether religious hospitals must guarantee workers’ pensions; For more than 30 years a church exemption from funding requirements has been extended to affiliated hospitals.”
“Gorsuch may fall short of votes needed for smooth Supreme Court confirmation”: Ed O’Keefe and David Weigel have this article in today’s edition of The Washington Post.
And Lawrence Hurley of Reuters reports that “More Democrats oppose Trump’s U.S. Supreme Court pick.”
“Schumer headed for epic clash with McConnell: They said they’d try to get along, but imminent battles over the Supreme Court and government funding will test that proposition.” Burgess Everett of Politico.com has this report.
“Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent.” Asher Steinberg has this guest post — the second in a three-part series — today at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Inscrutable Gorsuch raises Democratic ire”: Joan Biskupic of CNN.com has this report.
And at his “Election Law Blog,” Rick Hasen has a related post titled “What’s the Matter with Gorsuch?”
Programming note: At 10 a.m. eastern time, I will be meeting with a potential new client in a forthcoming appeal to the U.S. Court of Appeals for the Third Circuit. Also at 10 a.m. eastern time, the U.S. Supreme Court is scheduled to issue one or more rulings in argued cases. Just as soon as the Court posts those new opinions online, you can access them via this link.
Additional posts will appear here later today.
“Is Trump stalling a travel ban appeal at 9th Circuit?” Josh Gerstein of Politico.com has this blog post today.
“Patterns of Eight Justices: Will They Persist with a New Court Member?” Adam Feldman has this post at his “Empirical SCOTUS” blog.