“Is an Extroverted Applicant Better Suited for Harvard Than an Introvert?” Anemona Hartocollis has this article in today’s edition of The New York Times.
Carrie Jung of Boston’s WBUR Radio reports that “Harvard Admissions Trial Centers Around Statistics To Demonstrate Bias” and “Plaintiffs In Harvard Admissions Trial Expected To Rest Case Friday.”
And Esteban Bustillos of Boston’s WGBH Radio has a report headlined “Harvard Trial: Plaintiffs Center Argument On Statistics.”
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in three new cases.
“Full #InvestInEd opinion released; AZ Supreme Court voted 5-2 to knock it off ballot”: Lily Altavena of The Arizona Republic has this report.
You can access today’s opinions of the Supreme Court of Arizona at this link.
“Supreme Court weighs whether to hear its first abortion-related case since Kavanaugh joined the bench”: David G. Savage of The Los Angeles Times has this report.
“The unintended perils of investigating Kavanaugh”: Law professor Jonathan Turley has this essay online at The Hill.
“D.C. Circuit Review — Reviewed: Judge Buckley Makes an Appearance!” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Dining club emails reveal Kavanaugh’s close ties to Trump’s solicitor general; New supreme court justice was a member of the Eureka club with Noel Francisco, who argues government cases before court”: Stephanie Kirchgaessner of The Guardian (UK) has this report.
“Justice Thomas in his Own Words”: Eric Segall has this blog post at “Dorf on Law.”
“Widow’s Plane Crash Claims Not Preempted, 3rd Circ. Says”: Bill Wichert of Law360 has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.
“7th Circuit adds to consensus: Judges get to decide viability of class arbitration waivers.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“New questions raised about Avenatti claims regarding Kavanaugh; ‘I do not like that he twisted my words,’ one woman says of lawyer Michael Avenatti”: Kate Snow and Anna Schecter of NBC News have this report.
“Liberal Voters Finally Notice the War Over the Courts — Decades After Conservatives Did: For decades, only social conservatives made the courts a make-or-break voting issue; Can liberals now up their game and win the war?” Simon Lazarus has this article online at The American Prospect.
“Judicial complaints against Brett Kavanaugh may not go far”: Joan Biskupic of CNN has this report.
“Controversial Trump Nominees Had Hearings This Month And Most Senators Didn’t Go; If the Senate holds a hearing and senators don’t go, did it really happen?” Zoe Tillman of BuzzFeed News has this report.
“The Constitutional Challenge to Robert Mueller’s Appointment: Introduction.” At “Just Security,” Marty Lederman has a blog post that begins, “Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson, Rogers and Srinivasan) will hear argument in Miller v. United States, No. 18-3052, a case challenging the constitutionality of Robert Mueller’s appointment to serve as ‘Special Counsel’ for the Russia investigation.”
“The Fight For The Supreme Court Is Just Beginning”: Sean McElwee has this essay at HuffPost.
“Judiciary chairman refers Swetnick, Avenatti to Justice Department”: Ariane de Vogue and Manu Raju of CNN have this report.
Seung Min Kim and Elise Viebeck of The Washington Post report that “Grassley refers Avenatti and Swetnick to Justice for a criminal probe.”
Stephen Dinan of The Washington Times reports that “Senate tells FBI to investigate Michael Avenatti over Kavanaugh accusations.”
Bart Jansen of USA Today has a report headlined “Kavanaugh confirmation: Sen. Chuck Grassley asks Justice to investigate Michael Avenatti and Julie Swetnick.”
Steven T. Dennis of Bloomberg News reports that “Grassley Seeks Criminal Probe Into Avenatti and Client’s Kavanaugh Claims.”
Rebecca Shabad and Sarah Fitzpatrick of NBC News report that “Grassley calls for DOJ investigation of Kavanaugh accuser Swetnick and lawyer Avenatti; Avenatti quickly pushed back: ‘Senator Grassley has just made a major mistake. Let the investigation into Kavanaugh and his lies begin,’ he told NBC News.”
Brooke Singman of Fox News reports that “Grassley sends criminal referral for attorney Michael Avenatti and Kavanaugh accuser.”
And Elana Schor of Politico reports that “Grassley refers Avenatti, Swetnick to DOJ for criminal probe.”
The U.S. Senate Judiciary Committee today issued a news release titled “Swetnick, Avenatti Referred for Criminal Investigation; Providing False Statements, Obstructing Congressional Investigations, and Conspiracy All Violate Federal Law.” A letter from the Committee’s chair to the Attorney General and FBI Director can be accessed here.
Michael Avenatti has responded to this development via his Twitter account here and here.
“Trump is right: Mitch McConnell is one of the greatest Senate leaders of all time; Liberals don’t have to like McConnell, but they should recognize his skill.” Online at The Washington Post, Ross K. Baker has an essay that begins, “Basking in the glow of the Senate’s hard-fought confirmation of Justice Brett M. Kavanaugh to the Supreme Court, President Trump decided to share a portion of his own grandeur with Senate Majority Leader Mitch McConnell by dubbing him the ‘greatest leader in history.'”
“Professor Douglas Laycock Finishes Volumes on Religious Freedom; Final Books Explore Future of Culture Wars”: Mike Fox of the University of Virginia School of Law has this report.
“Republicans Holding Judicial Hearing With Senate In Recess”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Harvard’s Own Admissions Chart Comes Back to Haunt It in Trial”: Janelle Lawrence and Patricia Hurtado of Bloomberg News have this report.
Nell Gluckman of The Chronicle of Higher Education reports that “Harvard Admissions Officials Are Grilled on How They Use Race in Admissions.”
Esteban Bustillos of WGBH News has a report headlined “Harvard Trial: Judge Questions Witnesses On Ethnic Categories.”
From The Yale Daily News, Skakel McCooey reports that “Fed complaint alleges unfair admissions.” And Jever Mariwala and Skakel McCooey have an article headlined “AACC Director supports race-conscious admissions.”
And in commentary, The Harvard Crimson has published an editorial titled “Keeping Diversities in Balance.”
“College Sports Are Affirmative Action for Rich White Students; Athletes are often held to a lower standard by admissions officers, and in the Ivy League, 65 percent of players are white”: Saahil Desai of The Atlantic has this report.
“White Americans Were Affirmative Action’s Original Beneficiaries. Now, Many of Them Want It Dead.” Zak Cheney-Rice has this post at the “Intelligencer” blog of New York magazine.
“Fixing the Constitution’s Implied Powers”: John Mikhail has this post at the “Balkinization” blog.
“Confirmed Judges, Confirmed Fears: The Devastating Harm Already Done by Confirmed Trump Federal Judges.” The organization People For the American Way issued this report today. The organization’s news release announcing the report is titled “New PFAW Report Details the ‘Devastating Harm’ Already Done by Trump’s Confirmed Judges.”
“Abortion cases are heading toward the Supreme Court. Can the justices avoid them for long?” Richard Wolf of USA Today has this report.
“Playing the Long Game for the Supreme Court: Conservatives emerged from the Bork battle bent on winning control; It took 31 years. How will progressives respond?” Linda Greenhouse has this essay online at The New York Times.
“Supreme Court Justice Kagan on Pro Bono Service”: C-SPAN has posted this video online.
“Justice Ruth Bader Ginsburg says Congress is culpable for polarizing judicial process”: Ann E. Marimow of The Washington Post has this report.
“Will RedForEd get election day revenge on state Supreme Court? Two judges are up for ‘retention’ on this year’s ballot and some disappointed education advocates are aiming to exact a little frontier justice.” Columnist EJ Montini has this essay online at The Arizona Republic.
“Newport congregation takes Touro Synagogue ownership case to U.S. Supreme Court”: Katie Mulvaney of The Providence (R.I.) Journal has this report.
“WV Supreme Court formally annuls Ketchum’s law license”: Lacie Pierson of The Charleston (W. Va.) Gazette-Mail has an article that begins, “Almost three months after he resigned from the West Virginia Supreme Court of Appeals, former justice Menis Ketchum no longer is admitted to practice law in the Mountain State.”
“Senate Judiciary Committee Considers 4 Nominees, With Only 2 Lawmakers Attending”: Carrie Johnson had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”
“A Nation of Laws, Not Legal Fees: The government shouldn’t charge citizens to see the laws they must abide by.” Law professor Stephen L. Carter has this essay online at Bloomberg View about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last Friday.
In other coverage of that ruling, at the “Techdirt” blog, Mike Masnick has a post titled “Appeals Court Says Of Course Georgia’s Laws (Including Annotations) Are Not Protected By Copyright And Free To Share.”
“Thank You, Justice O’Connor, for the Art of Compromise; As the first woman to serve on the U.S. Supreme Court steps back from public life, it’s easy to see how much she’s already missed”: Law professor Noah Feldman has this essay online at Bloomberg View.
