“The Justices Can Undo a Constitutional Catch-22; A 1985 ruling makes it all but impossible to have certain takings cases heard in federal court”: Law professor Ilya Somin will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“FBI expands inquiry into Ford allegations”: Ariane de Vogue of CNN has an article that begins, “The FBI is expanding its inquiry into sexual assault allegations against Supreme Court nominee Brett Kavanaugh beyond the initial four interviews that the White House directed to be conducted.”
“Trump mocks Kavanaugh accuser Christine Blasey Ford at campaign rally; ‘A man’s life is shattered,’ the president said of Supreme Court nominee Brett Kavanaugh, after making fun of Ford’s testimony; ‘These are really evil people'”: Jonathan Allen of NBC News has this report.
“The Kavanaugh Hearings Have Demonstrated How Desperately America Needs Restorative Justice; We’ve retreated too far into our two sides now, but at one point, there was another way”: Law professor Lara Bazelon has this jurisprudence essay online at Slate.
“Times says it was wrong to have writer on Kavanaugh story”: David Bauder of The Associated Press has this report.
“FBI investigation of Kavanaugh leads to fresh acrimony as McConnell pushes for vote”: Chris Megerian, Jennifer Haberkorn, and Sarah D. Wire of The Los Angeles Times have an article that begins, “The FBI investigation of Supreme Court nominee Brett Kavanaugh’s alleged sexual assault generated new schisms among Republicans on Tuesday as Senate Majority Leader Mitch McConnell pushed for a vote on the nomination this week.”
“Kavanaugh’s temperament and credibility emerge as flash points in Supreme Court fight”: John Wagner and Mike DeBonis of The Washington Post have this report.
And Valerie Richardson of The Washington Times reports that “Democrats zero in on Kavanaugh’s ‘lying,’ temperament as sexual assault claims crumble.”
“Justices Ginsburg, Gorsuch wary of sex offender registry expansion”: Alex Swoyer of The Washington Times has this report.
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Gundy v. United States, No. 17-6086.
“Justices Weigh Case of Condemned Inmate Who Cannot Recall His Crime”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court contemplates whether man who cannot remember crime may be executed.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Grapples With Planned Execution of Convicted Killer With Dementia; Case involves 68-year-old inmate whose mental deterioration leaves him no memory of his crime; one justice sees impact on America’s aging death row.”
Richard Wolf of USA Today reports that “Supreme Court appears sympathetic to death row prisoner who cannot remember his crime.”
Mark Sherman of The Associated Press reports that “Supreme Court could limit execution of people with dementia.”
Andrew Chung of Reuters reports that “U.S. high court mulls death penalty for killer who forgot crime.”
On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Grapples With Difficult Death Penalty Question.”
And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “John Roberts, Swing Vote: The chief justice looks poised to join the liberals in a major death-penalty case.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Madison v. Alabama, No. 17-7505.
“Julie Swetnick’s ex-boyfriend, former Dem congressional candidate, says he doesn’t believe her claims”: Samuel Chamberlain of Fox News has this report.
And Ryan J. Reilly of HuffPost reports that “Grassley Releases Bizarre Letter From Former Weatherman To Undermine Kavanaugh Accuser; Senate Republicans released a letter from Dennis Ketterer, a former weatherman, making claims about Julie Swetnick’s sexual preferences.”
“Lawyers for Kavanaugh accusers question FBI’s thoroughness”: Alan Fram, Michael Balsamo, and Eric Tucker of The Associated Press have this report.
And Chris Strohm, Laura Litvan, and Sahil Kapur of Bloomberg News report that “FBI Kavanaugh Probe Not Broad Enough, Accusers’ Lawyers Say.”
“Students Filed Title IX Complaints Against Kavanaugh to Prevent Him From Teaching at Harvard Law”: Shera S. Avi-Yonah and Jamie D. Halper of The Harvard Crimson have this report.
“F.B.I. to Complete Inquiry Wednesday With Vote Coming This Week”: Sheryl Gay Stolberg and Michael D. Shear of The New York Times have this report.
Kristina Peterson, Natalie Andrews, and Siobhan Hughes of The Wall Street Journal report that “McConnell Presses Kavanaugh Vote as FBI Probe Nears an End; Senate majority leader still needs to address concerns of undecided Republicans.”
And Gregg Re and John Roberts of Fox News report that “FBI’s Kavanaugh investigation may wrap up as soon as Wednesday, source says.”
“Brett Kavanaugh’s Righteous Anger: His foes seem to think a good judge would respond like a robot to scurrilous personal attacks.” U.S. Senator Orrin Hatch (R-UT) has this essay online at The Wall Street Journal.
“How Republicans Weaponized the FBI Against Anita Hill: The FBI report did Hill no favors; Will Christine Blasey Ford receive better treatment?” Adam Serwer of The Atlantic has this report.
“Key Revelations From Mark Judge’s Addiction Memoir, ‘Wasted’; Writing of drunken blackouts, Judge admits, ‘I could have done anything and not know it'”: Tim Dickinson of Rolling Stone has this report.
“Eight Justices Mean Compromise Is Key At The Supreme Court — For Now; The world inside the Supreme Court building looks nothing this week like the world outside of it”: Chris Geidner of BuzzFeed News has this report.
“Kavanaugh’s 1983 Letter Offers Inside Look at High School Clique”: Kate Kelly and David Enrich of The New York Times have this report.
“I Know Brett Kavanaugh, But I Wouldn’t Confirm Him: This is an article I never imagined myself writing, that I never wanted to write, that I wish I could not write.” Benjamin Wittes has this essay online at The Atlantic.
“What Has Brett Kavanaugh Done to Us? No matter what the F.B.I. finds, he will color the midterms, 2020, institutional trust and partisan warfare going forward.” Frank Bruni and Ross Douthat have this conversation online at The New York Times.
“Kavanaugh Accuser Julie Swetnick Hasn’t Heard From FBI, Avenatti Says”: Sahil Kapur of Bloomberg News has this report.
“What is a ‘reasonable’ critical habitat? Supreme Court hones in on designation in Tammany frog case.” Faimon A. Roberts III has this front page article in today’s edition of The Advocate of Baton Rouge, Louisiana.
And Alex Swoyer of The Washington Times reports that “Supreme Court weighs government’s power over private land to protect a frog.”
“McConnell: Democrats are aiming ‘mud and muck’ at Kavanaugh.” Alan Fram, Eric Tucker, and Lisa Mascaro of The Associated Press have this report.
“Senate will not remove Walker, considering censure on impeachment”: Phil Kabler of The Charleston (W. Va.) Gazette-Mail has this report.
“Oregon Appeals Court Hears Challenge To Non-Unanimous Convictions”: Conrad Wilson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Brett Kavanaugh Is Patient Zero: President Trump’s nominee would bring a virus of illegitimacy and partisanship to the Supreme Court.” Ronald Brownstein has this essay online at The Atlantic.
And online at Mother Jones, Stephanie Mencimer has an essay titled “John Roberts Has Tried to Keep the Supreme Court Above the Partisan Fray. Kavanaugh Could Undo All That.“
“Not everyone belongs on the Supreme Court”: Columnist Jennifer Rubin has this essay online at The Washington Post.
“Kavanaugh friend Chris Dudley was arrested in 1985 bar incident, police report shows”: Majlie de Puy Kamp and Maegan Vazquez of CNN have this report.
“Even if Kavanaugh confirmed to Supreme Court, fight over sex assault allegations unlikely to end”: Gregory Korte of USA Today has this report.
And Lauren Gambino of The Guardian (UK) reports that “Democrats renew questions over Brett Kavanaugh’s honesty and temperament.”
“Julie Swetnick backs off sexual misconduct allegations in interview”: Stephen Dinan and Gabriella Muñoz of The Washington Times have this report.
“McConnell vows Kavanaugh vote ‘here on this floor, this week'”: John Wagner and Mike DeBonis of The Washington Post have this report.
And Elana Schor and Burgess Everett of Politico have a report headlined “McConnell: Senate will vote on Kavanaugh this week.”
“F.B.I. Completes Interview of Mark Judge, Kavanaugh Friend”: Michael D. Shear and Nicholas Fandos of The New York Times have this report.
“Confirming Brett Kavanaugh Now Would Destroy The Supreme Court As We Know It”: Law professor Geoffrey R. Stone has this essay online at HuffPost.
“Should Judge Kavanaugh Be Removed from the Bench? The Question We Ought to Be Asking.” Ryan Goodman has this post at the “Just Security” blog.
“Ads push Manchin and Heitkamp to vote for Kavanaugh”: Burgess Everett of Politico has this report.
And online at Politico Magazine, John F. Harris has an essay titled “Brett Kavanaugh Is Lying. So Are You. Whether it’s 2018 or 1998, in American politics, truth is inseparable from politics.”