“How One West Virginia Supreme Court Justice Gave Natural Gas a Big Victory and Shortchanged Residents; Justice Beth Walker voted to reopen an already decided case around the time her husband owned stock in a variety of energy companies; And that’s not even why she’s been impeached”: Ken Ward Jr. of The Charleston (W. Va.) Gazette-Mail has this report online at ProPublica.
And Lacie Pierson of The Gazette-Mail reports that “Senate will hold separate impeachment trials for WV Supreme Court justices.”
“Georgia’s top appellate lawyer tapped as next Ga. Supreme Court justice”: Bill Rankin of The Atlanta Journal-Constitution has this report.
“Dems use ‘co-conspirator’ Trump line to attack Kavanaugh; The effort began when Sen. Mazie Hirono canceled her meeting with Kavanaugh and called the president ‘an unindicted co-conspirator'”: Nolan D. McCaskill of Politico has this report.
“When the Supreme Court Lurches Right: What happens when the Supreme Court becomes significantly more conservative than the public?” Emily Bazelon will have this article in this upcoming Sunday’s issue of The New York Times Magazine.
Ahoy Matey! At his “CA3blog,” Matthew Stiegler has a post titled “Is Paul Matey’s Third Circuit nomination still on track?“
“8th Circuit Nominee Downplays Past Statements on Immigration”: Tim Ryan of Courthouse News Service has a report that begins, “President Donald Trump’s nominee to the Eighth Circuit downplayed past comments on immigration and his limited trial experience while testifying before the Senate Judiciary Committee on Wednesday.”
You can view the video of today’s Senate Judiciary Committee hearing for judicial nominees via this link.
“How the Trump Administration Is Remaking the Courts: Thanks to ruthless discipline — and a plan long in the making — the G.O.P is carrying out a sweeping transformation of the federal judiciary.” Jason Zengerle will have this article in this upcoming Sunday’s issue of The New York Times Magazine.
In today’s mail: I received an advance copy of “The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind,” by law professor Justin Driver. The book’s official on-sale date is September 4, 2018.
“Pa. high court: Rapper’s anti-police song constituted a threat to police officers.” Torsten Ove of The Pittsburgh Post-Gazette has this report.
Matt Miller of The Patriot-News of Harrisburg, Pennsylvania reports that “Rap music video ‘(Expletive) the Police’ isn’t protected free speech, Pa. Supreme Court rules.”
And Mark Scolforo of The Associated Press reports that “Court says rap video was threat to police, not free speech.”
Yesterday’s ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and an opinion concurring in part and dissenting in part.
“Building a Merits Docket in 2018”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Collins says abortion discussed ‘at great length’ in meeting with Kavanaugh; The Maine Republican said she is still undecided whether she would vote to approve Kavanaugh, who she said agreed that abortion was ‘settled law'”: Joe Lawlor of The Portland (Me.) Press Herald has this report.
Sheryl Gay Stolberg of The New York Times reports that “Kavanaugh Agrees Roe v. Wade Is ‘Settled Law,’ Susan Collins Says.”
Elise Viebeck and Gabriel Pogrund of The Washington Post report that “Sen. Susan Collins says Kavanaugh sees Roe v. Wade as ‘settled law.’”
Sarah D. Wire of The Los Angeles Times has an article headlined “Brett Kavanaugh tells Sen. Susan Collins that Roe vs. Wade is ‘settled law.’ Does that mean she’ll confirm him?”
Natalie Andrews and Byron Tau of The Wall Street Journal report that “Kavanaugh Says Roe v. Wade Is ‘Settled Law,’ GOP Senator Says; Remark on abortion rights case seen as an effort to reassure centrist lawmaker ahead of confirmation hearings.”
Erin Kelly of USA Today has an article headlined “GOP senator: Supreme Court nominee Brett Kavanaugh considers Roe v. Wade ‘settled law.’”
Alex Swoyer of The Washington Times has an article headlined “Sen. Susan Collins: Judge Brett Kavanaugh said abortion was settled law.”
Dustin Weaver and Lisa Mascaro of The Associated Press report that “Kavanaugh calls Roe V. Wade settled, but Dem critics unmoved.”
Susan Cornwell of Reuters reports that “U.S. senators quibble over Kavanaugh stance on abortion.”
Steven T. Dennis and Billy House of Bloomberg News report that “Collins Says Kavanaugh Told Her Roe Case Is ‘Settled Law.’”
Sunlen Serfaty, Lauren Fox, and Ted Barrett of CNN report that “Susan Collins says Kavanaugh told her Roe v. Wade is settled law.”
Nolan D. McCaskill of Politico has a report headlined “Collins: Kavanaugh sees Roe v. Wade as ‘settled law.’”
And on this evening’s broadcast of NPR’s “All Things Considered,” Scott Detrow had an audio segment titled “Collins Says Supreme Court Nominee Kavanaugh Called Roe v. Wade ‘Settled Law.’“
“As 7th Circuit puts off reckoning for nationwide injunctions, DOJ pushes at 9th”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Family strife preceded Winnetka man’s alleged murder of brother-in-law, attempted killing of sister: prosecutors.” Matthew Walberg and Brian L. Cox of The Chicago Tribune recently had this report.
“So Many Guns, So Much Smoke: GOP obstruction is indefensible, but Democrats don’t need to see more documents to vote against Brett Kavanaugh.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“How the Clinton sex scandal shaped Brett Kavanaugh — and could give clues on his thoughts on Robert Mueller”: Joan Biskupic of CNN has this report.
“Brett Kavanaugh Urged Graphic Questions in Clinton Inquiry”: Adam Liptak of The New York Times has this report.
Richard Wolf of USA Today has an article headlined “Oral sex, vaginal stimulation: What Brett Kavanaugh wanted President Bill Clinton to be asked in 1998.”
And Josh Gerstein of Politico reports that “Kavanaugh proposed graphic questions for Bill Clinton during Starr probe.”
“Trump Supreme Court nominee and top Senate Democrat to meet Tuesday”: David Shortell of CNN has this report.
“Kavanaugh racks up record of dissenting opinions in major federal cases”: Alex Swoyer has this front page article in today’s edition of The Washington Times.
“The Supreme Court Isn’t Equipped to Judge Harvard’s Discrimination Lawsuit: Courts have always been bad at statistics, and statistics is getting harder to adjudicate.” Irineo Cabreros has this essay online at Slate.
“The soft power impact of Ruth Bader Ginsburg’s decorative collars”: Rhonda Garelick of CNN has this report.
“D.C. Circuit Review — Reviewed: Should There Be A Year Four?” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Should Jury Convictions Be Unanimous? It’s Complicated. Two states still allow split-verdicts to send people to prison. That may change soon. But maybe it shouldn’t.” Alan Ehrenhalt has this essay online at Governing.
“Liberals crushed in SCOTUS spending war; Conservatives are vastly outspending liberals and targeting vulnerable senators in the fight to confirm Brett Kavanaugh”: Burgess Everett and Maggie Severns of Politico have this report.
“1L First Street #1: ‘Dumbo’s Feather.'” You can access today’s new installment of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link.
“Brett Kavanaugh memo detailed explicit questions for President Clinton”: Michael Kranish of The Washington Post has this report.
“Brett Kavanaugh was concerned with his Federalist Society membership in 2001, emails show”: Annie Grayer of CNN has this report.
“Brett Kavanaugh, Sportswriter: Could there be clues to the Supreme Court nominee’s views in his college sports reporting?” Zach Helfand has this item in the Talk of the Town section of the August 27, 2018 issue of The New Yorker.
“Silence of the amici: Gay rights supporters are sitting out Title VII briefing at SCOTUS.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“For McCaskill, Re-Election May Rest With Vote on Supreme Court Nominee; Debate over Trump’s pick for court looms large over campaigns for 10 senators in states the president won in 2016”: Natalie Andrews of The Wall Street Journal has this report.
“Abortion, race, gay rights, death penalty: Supreme Court nominee Brett Kavanaugh could make the difference.” Richard Wolf of USA Today has this report.
“Justice Neil Gorsuch says U.S. Supreme Court members may disagree, but there’s no bad blood”: William Petroski of The Des Moines Register has this report.
“UK Supreme court offers youngsters chance to dress up as a judge at summer schools”: Jamie Johnson of The Telegraph (UK) has this report.
“Undone: The New Constitutional Challenge to Obamacare.” Law professor Josh Blackman has posted this article on SSRN.
“A. Marvin Quattlebaum, Jr., and Julius N. Richardson confirmed to Fourth Circuit”: The U.S. Court of Appeals for the Fourth Circuit has posted this news announcement online.
“Supreme Court Justice William O. Douglas was not just a legal giant, but also a powerful environmentalist; He marched. He argued. He dissented. In 1958, the activist advocate hiked 22 miles on the Olympic Peninsula to protect a beach he loved.” Ninth Circuit Judge M. Margaret McKeown will have this article in this upcoming Sunday’s issue of the Pacific NW Magazine of The Seattle Times.
According to the bio that accompanies the article, “Judge McKeown is writing a book about Justice Douglas’ environmental legacy.” You can learn more about the book at this link.
