“Joining high court, the real Neil Gorsuch set to stand up”: Nancy Benac of The Associated Press has a report that begins, “Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats’ demonization of him as a cold-hearted automaton, stands Neil Gorsuch.”
“The Gorsuch Fight Changed the Senate. Will It Change the Court?” Law professor Lisa Marshall Manheim will have this essay in the Sunday Review section of tomorrow’s edition of The New York Times.
“There Will Never Be a ‘Mainstream’ Supreme Court Justice: The nuclear option won’t change that.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online today at Slate.
“Justice Gorsuch Ushers In a New Era”: Law professor Noah Feldman has this essay online today at Bloomberg View.
I offered some similar thoughts in the February 2017 installment of my “Upon Further Review” column published in The Legal Intelligencer, headlined “Increased Senate Partisanship Threatens Future of US Supreme Court.”
Programming note: This afternoon, the Philadelphia Phillies will play the team’s home opener against the Washington Nationals, and I will be there. As a result, additional posts will not appear here until this evening.
“Fourth Circuit Weighs ‘Exceptional Importance’ and Possible En Banc Hearing on Travel Ban 2.0”: Derek Stikeleather has this post today at the “Maryland Appellate Blog.”
“Senate Confirms Gorsuch as Supreme Court Justice”: Adam Liptak and Matt Flegenheimer of The New York Times have this report.
Ed O’Keefe and Robert Barnes of The Washington Post report that “Senate confirms Neil Gorsuch to Supreme Court.”
And Lisa Mascaro and David G. Savage of The Los Angeles Times report that “Senate confirms Neil Gorsuch, Trump’s Supreme Court nominee.”
The U.S. Senate has confirmed Tenth Circuit Judge Neil M. Gorsuch to serve as an Associate Justice of the Supreme Court of the United States: According to C-SPAN’s live vote tally. Once the voting has concluded, you can access the official vote tally via this link.
Update: Final vote — 54 to 45 in favor of confirmation.
“Thoughts on the judicial nominations mess and nuclear fallout”: Jonathan H. Adler has this post at “The Volokh Conspiracy.”
“Senate set to approve Trump’s conservative Supreme Court pick”: Lawrence Hurley and Andrew Chung of Reuters have this report.
From The Associated Press, Mark Sherman reports that “Gorsuch may be decisive vote in divisive Supreme Court cases.” And Ken Thomas has a news analysis headlined “Gorsuch a win for Trump and GOP establishment.”
Greg Stohr of Bloomberg News reports that “Divisive Gorsuch Fight Leaves Political Mark on Supreme Court.”
On yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Senate Invokes ‘Nuclear Option’ To Ease Gorsuch Nomination.”
And online at The New Yorker, Amy Davidson has a post titled “Gorsuch Wins, the Filibuster Loses.”
Today’s U.S. Supreme Court confirmation vote is scheduled to occur in the U.S. Senate starting at 11:30 a.m. eastern time today. You can view the proceedings live online via C-SPAN.org.
“Judging Ordinary Meaning”: Justice Thomas R. Lee of the Supreme Court of Utah and Stephen C. Mouritsen have posted this article on SSRN.
“Will a changed Senate change the Supreme Court?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“Sen. Michael Bennet says he will vote against confirmation of fellow Coloradan Neil Gorsuch; Long awaited decision comes after Senate invokes nuclear option”: The Denver Post has this report.
“Without the Filibuster, Justices Can Be Great Again”: Law professor Noah Feldman has this essay online at Bloomberg View.
“Federal appeals court affirms halt in Ohio executions”: Alan Johnson of The Columbus Dispatch has this report.
Jim Provance of The Toledo Blade reports that “Appeals court upholds injunction against Ohio lethal injection process.”
Andrew Welsh-Huggins of The Associated Press reports that “Appeals court rejects Ohio’s new lethal injection process.”
And Kim Palmer of Reuters reports that “U.S. appeals court upholds stay of Ohio lethal injection process.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
“South Texas Law Prof Becomes Go-To Guy for National Media; Houston Law Professor Josh Blackman is a ‘Media Machine'”: Angela Morris of Texas Lawyer has this report.
“Senate Republicans Deploy ‘Nuclear Option’ to Clear Path for Neil Gorsuch”: Matt Flegenheimer of The New York Times has this report.
Ed O’Keefe of The Washington Post reports that “Senate Republicans go nuclear, pave the way for Gorsuch confirmation to Supreme Court.”
Lisa Mascaro of The Los Angeles Times reports that “Senate Republicans invoke ‘nuclear option’ to overcome Democrats’ filibuster of Trump’s Supreme Court nominee.”
Erin Kelly and Richard Wolf of USA Today report that “Republicans invoke ‘nuclear option,’ clearing way for Gorsuch confirmation.”
Alex Swoyer and Stephen Dinan of The Washington Times report that “Senate goes ‘nuclear’ as GOP changes rules, clears path for Trump Supreme Court pick.”
And Mark K. Matthews of The Denver Post reports that “Senate triggers ‘nuclear option’ over Neil Gorsuch’s Supreme Court nomination; Procedural vote, 52-48 along party lines, could forever change the U.S. Senate.”
You can view the U.S. Senate‘s official roll call vote tallies from today via this link.
The U.S. Senate has failed to invoke cloture on the debate over whether Tenth Circuit Judge Neil M. Gorsuch should be confirmed as an Associate Justice of the U.S. Supreme Court: A total of 41 “no” votes have now been received according to C-SPAN’s live count. U.S. Senator Sheldon Whitehouse (D-RI) cast the decisive 41st “no” vote.
Update: A total of 45 “no” votes were received.
“Trump’s hidden backchannel to Justice Kennedy: Their kids; As White House pushes to confirm Neil Gorsuch, Trump readies lower court picks as they await the next high court vacancy.” Shane Goldmacher of Politico.com has this report.
“States Find Other Execution Methods After Difficulties With Lethal Injection”: Debbie Elliott had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“The Gorsuch filibuster is about far more than payback”: Columnist E.J. Dionne Jr. has this op-ed in today’s edition of The Washington Post.
“Justice, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments.” Law professor Tonja Jacobi and Dylan Schweers have posted this article on SSRN. And yesterday, they had this related post at “SCOTUSblog.”
“Want to visit SCOTUS? Gird for battle, bring cash, hydrate at your own risk.” Steven Mazie has this guest post at “SCOTUSblog.”
“Good Riddance to the Filibuster: If the Democrats use the filibuster to protest Neil Gorsuch’s nomination, it might be the only constructive purpose the practice has ever served.” Law professor Garrett Epps has this essay online today at The Atlantic.
“Supreme Court’s Decision About Printer Cartridges Could Have Big Consequences”: Noel King had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Republicans’ ‘Nuclear Option’ Could Have Lasting Effects On Federal Judiciary”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
And this morning’s broadcast of C-SPAN’s “Washington Journal” contained a segment titled “Gorsuch Nomination and ‘Nuclear Option.’”
You can view the U.S. Senate‘s live proceedings on C-SPAN via this link. A cloture vote on the nomination is scheduled for 11 a.m. eastern time today. If cloture does not receive the needed 60 votes, a vote on the so-called “nuclear option” could follow immediately thereafter.
In posts of interest at the “Simple Justice” blog: Senior U.S. District Judge Richard G. Kopf (D. Neb.) has a post titled “Kopf: On Making Good And Real People Stupid” in which he addresses the question “What impact does the partisan handling of Judge Neil Gorsuch have on the federal judiciary?”
And David Meyer Lindenberg has a post titled “Cross: Ed Whelan, An EPPC Eye On Judicial Confirmations.”
“The Next Two Days Could Change The Senate, The Supreme Court, And America; Expect to hear a lot about cloture, filibusters, and Senate history over the next 48 hours; Here’s what it all means”: Chris Geidner and Emma Loop of BuzzFeed News have this report.
And Andrew Chung of Reuters has a report headlined “‘Nuclear option’ fallout? More extreme U.S. justices, experts say.”
“Learning to Love the Nuclear Option”: Steven Waldman has this essay online at The New York Times.
“The shrewdness of Judge Wood’s opinion in LGBT workplace bias case”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.
“A Judicial Battle Royal At The Seventh Circuit — And Judge Posner’s Favorite Gays Of All Time; SCOTUS shortlisters and other luminaries of the federal judiciary duke it out in a landmark case”: David Lat has this post today at “Above the Law.”
“A Thunderbolt From the 7th Circuit: In a landmark opinion, a bipartisan group of judges found that the Civil Rights Act prohibits anti-gay workplace discrimination.” Mark Joseph Stern has this jurisprudence essay online at Slate, along with an essay titled “The 7th Circuit’s Landmark Anti-Gay Discrimination Ruling Is Also Great News for Trans Rights.”
“Attorneys argue over soda tax before Commonwealth Court”: Joe Mandak of The Associated Press has this report on a case argued today before a seven-judge en banc panel of the Commonwealth Court of Pennsylvania.
“MPAA: Films and TV Shows About Real-Life People Jeopardized by ‘Porco’ Ruling; Film studios and media groups urge a rehearing after a New York appeals court allowed a convicted murderer to move forward in a lawsuit against Lifetime Entertainment.” Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.
“Senator talks all night as Democrats fight Trump court nominee”: Lawrence Hurley of Reuters has this report.