“What Would a Serious Investigation of Brett Kavanaugh Look Like?” Law professor Jeannie Suk Gersen has this post online at The New Yorker.
And online at The Washington Post, columnist Megan McArdle has an essay titled “A full Kavanaugh investigation? Yes — it won’t take long.”
“Kavanaugh case shows how little has changed for Judiciary Committee”: Joan Biskupic of CNN has this report.
“Trump claim that FBI can’t probe Kavanaugh allegations is wrong, ex-officials say; Former government officials from both parties questioned the GOP’s argument against FBI involvement in the high-profile controversy, which Kavanaugh’s accuser has requested”: Josh Gerstein of Politico has this report.
“The 2017-18 term marked the end of an era for the Iowa Supreme Court”: Rox Laird has this post at “On Brief: Iowa’s Appellate Blog.”
In Bashman news from Australia: 9News reports that “Duo savagely bash man because of his man-bun.”
“Trial of accused murderers of FSU law professor Dan Markel delayed”: Karl Etters of The Tallahassee Democrat has this report.
“Republicans Plan to Push Ahead on Kavanaugh Confirmation; Party leaders reject call for investigation; ‘Very hard for me to imagine that anything happened,’ says Trump”: Natalie Andrews, Kristina Peterson, and Siobhan Hughes of The Wall Street Journal have this report.
Alexandra Berzon, Sadie Gurman, and Zusha Elinson of The Wall Street Journal have an article headlined “Portrait of Kavanaugh Accuser Christine Blasey Ford: Thorough, Guarded, Accomplished Academic; Dr. Ford, a married mom of two sons, built a quiet life in California as a research psychologist.”
And in Thursday’s edition of that newspaper, columnist Daniel Henninger will have an op-ed titled “What Democrats Have Become: Brett Kavanaugh is a casualty of an anything-goes political resistance.”
“Everyone Deserves Better Than This Senate Spectacle: Forget the political finger pointing; Christine Blasey Ford’s accusation against Brett Kavanaugh needs to be seriously investigated”: The New York Times has published this editorial.
The Washington Post has published an editorial titled “Slow down, Senate Republicans. The FBI should investigate.”
The Los Angeles Times has published an editorial titled “Christine Blasey Ford is right. Investigate Kavanaugh first, then hold hearings.”
And online at Slate, Will Saletan has an essay titled “Investigate Kavanaugh: Christine Blasey Ford wants full scrutiny of her claims against the Supreme Court nominee; The GOP should support that.”
Jamelle Bouie has an essay titled “Brett Kavanaugh and Our Accountability Crisis: The judge is the perfect nominee for our era of elite impunity.”
And Jim Newell has an essay titled “Republicans Are Getting Away With It: The prospect of a hearing without Christine Blasey Ford is a trap, and Democrats are walking into it.”
“From the Anonymity of Academia to the Center of a Supreme Court Confirmation”: Elizabeth Williamson, Rebecca R. Ruiz, Emily Steel, Grace Ashford, and Steve Eder of The New York Times have this report.
In today’s edition of The San Jose Mercury News, Casey Tolan has a front page article headlined “Congresswoman Anna Eshoo first to hear Blasey Ford’s story: ‘I told her I believed her’; Bay Area professor revealed secret to congresswoman, then wrote letter to Feinstein.”
And Mike DeBonis of The Washington Post has an article headlined “‘I told her that I believed her’: Calif. lawmaker describes meeting with Kavanaugh accuser.”
“Opposition to Kavanaugh grows, support at historic low: Reuters/Ipsos poll.” Maria Caspani of Reuters has this report.
“Interstate Sovereign Immunity and Why the Supreme Court Should Leave It Alone Right Now; My amicus brief with Stephen Sachs in Franchise Tax Board v. Hyatt”: Will Baude has this post at “The Volokh Conspiracy.”
“As solicitor general, Kyle Hawkins will lead Texas fights against the federal government; In his new job, Hawkins will fight the state’s most important legal battles in the country’s most important courtrooms”: Emma Platoff of The Texas Tribune has this report.
“Proposed bill would eliminate PACER fees”: Jason Tashea of ABA Journal has this blog post.
“Minnesota swears in its first American Indian Supreme Court justice; The court now has its first first female majority since 1991”: Ricardo Lopez of The Minneapolis Star Tribune has this report.
“Seventh Circuit Records First Video of Oral Argument”: Eric G. Pearson has this post at the “Wisconsin Appellate Law” blog.
Thanks to a request made by Brooklyn College Professor KC Johnson, you can view the oral argument video via this link.
“Female majority to hear Supreme Court case for first time in history”: Olivia Rudgard of The Telegraph (UK) has an article that begins, “The UK’s highest court is to have a female majority hear a case for the first time in 600 years. Almost one hundred years after a law was passed allowing women to practice as barristers, three women and two men will decide a case in the highest court in the country.”
“Political nonprofits must now name many of their donors under federal court ruling after Supreme Court declines to intervene”: Michelle Ye Hee Lee and Robert Barnes of The Washington Post have this report.
“The Kavanaugh Nomination and the Future of the U.S. Supreme Court”: IU Maurer has posted this video featuring law professors Justin Walker and Ian Samuel on YouTube.
“Team Trump: If We Ditch Kavanaugh, We’re Signing Our Own ‘Death Warrant’; It’s Judge Kavanaugh or bust.” Lachlan Markay, Asawin Suebsaeng, and Sam Stein of The Daily Beast have this report.
“Brett Kavanaugh Should Call for a Public Investigation of the Sexual Misconduct Allegations Against Him; Without a full probe, Kavanaugh could, like Justice Thomas, ascend to the Court with a permanent cloud over him”: Andrew Cohen has this essay online at the Brennan Center for Justice.
“At next Kavanaugh hearing, the stakes are higher than a Supreme Court seat; The ‘Me Too’ movement, President Donald Trump, the two political parties, ambitious lawmakers and the institution of the Senate — they’ve all got something big on the line”: Jonathan Allen of NBC News has this report.
“Trump says Kavanaugh ‘doesn’t deserve’ what is happening after sexual assault allegations”: John Wagner, Seung Min Kim and Robert Costa of The Washington Post have this report.
And Rebecca Morin of Politico has a report headlined “Trump: Kavanaugh ‘is not a man that deserves this.’“
“Caution, the Kavanaugh mess may never be resolved satisfactorily”: Columnist Megan McArdle has this essay online at The Washington Post.
“Should Brett Kavanaugh Withdraw? The political interest of the country might be better served with a nominee who didn’t have to be confirmed under a cloud of suspicion.” Columnists Frank Bruni and Ross Douthat have this written conversation online at The New York Times.
“What’s ahead for West Virginia’s Supreme Court impeachment trials”: Brad McElhinny of West Virginia’s MetroNews has this report.
“Brett Kavanaugh high school yearbook raises new questions about Supreme Court nominee”: Adam Longo of Washington, DC’s CBS affiliate WUSA9 has a report that begins, “Amid accusations of sexual assault against a woman while in high school, the high school yearbook of Supreme Court nominee Brett Kavanaugh has prompted more questions about his character.”
“Pensacola asks Supreme Court to hear Bayview Park cross case”: Jim Little of The Pensacola News Journal has this report.
“Senators Get Their Message Out Ahead of Brett Kavanaugh Hearing; Assault allegation against Supreme Court nominee spurs competing narratives by GOP, Democrats”: Kristina Peterson, Natalie Andrews, and Byron Tau of The Wall Street Journal have this report.
“Trump claims FBI does not want to investigate sexual assault allegation against Kavanaugh”: Jonathan Allen of NBC News has this report.
“No. 2 Senate Republican sharply questions credibility of Kavanaugh accuser”: John Wagner, Seung Min Kim, and Robert Costa of The Washington Post have this report.
“Kavanaugh accuser has not yet agreed to attend hearing”: Elana Schor, Burgess Everett, and Eliana Johnson of Politico have this report.
Burgess Everett and John Bresnahan of Politico report that “McConnell works feverishly behind the scenes to save Kavanaugh; The Senate leader’s legacy on the judiciary is on the line.”
And Ben Schreckinger and Daniel Lippman of Politico report that “Power elite of suburban Washington split over Kavanaugh allegations; Donald Trump’s Supreme Court nominee and accuser Christine Blasey Ford both come from well-known families in the D.C. suburbs.”
“How to Get the Kavanaugh Hearings Right: The Senate Judiciary Committee has a chance to do better by the country than it did nearly three decades ago.” Anita Hill has this essay online at The New York Times.
“Grassley says Monday’s hearing will be limited to two witnesses: Kavanaugh and his accuser.” John Wagner of The Washington Post has this report.
And in today’s edition of that newspaper, Paul Kane has an article headlined “Clarence Thomas-Anita Hill showdown shadows Senate in Kavanaugh nomination.”
Columnist Michael Gerson has an op-ed titled “Kavanaugh’s nomination now hangs by the thinnest of strings.”
Columnist Dana Milbank has an op-ed titled “This is what happens when you try to jam through a Supreme Court appointment.”
And Monica Hesse has an essay titled “Do we really ‘believe women’? How the Kavanaugh accusation will put a slogan to the test.”
Access the September 2018 edition of Appellate Issues, a publication of the American Bar Association’s Council of Appellate Lawyers: At this link. This long-awaited publication contains summaries of the programming from the 2017 Appellate Judges Education Institute Summit, which took place last November in Long Beach, California.
You can now register online to attend the 2018 AJEI Summit, taking place in Atlanta from November 8-11, 2018. I once again served on the Summit’e education committee, and I will be the moderator of a session on Saturday, November 10th titled “Crossing the Bar in 140 Characters or Less: Should Judges Use Social Media to Engage with the Public?” featuring Chief Judge Stephen Dillard of the Georgia Court of Appeals.
“Pensacola to Supreme Court: Historic cross can fix First Amendment dross; Historic World War II-era cross heads to the Supreme Court.” The Becket Fund for Religious Liberty issued this news release about a petition for writ of certiorari the organization’s lawyers filed yesterday in the U.S. Supreme Court. Law professor Michael W. McConnell appears as co-counsel for petitioners.
And in related news coverage, Jim Little of The Pensacola News Journal has an article headlined “Pensacola mayor candidates say Bayview Park cross can stay in park through private lease” that begins, “No matter the outcome of the Bayview Park cross lawsuit, the cross will likely remain in the park. Both candidates for Pensacola mayor said they support having a private group take over the land in Bayview Park on which the cross is located in a move to keep the cross at the city park.”