“More Americans disapprove of Kavanaugh’s confirmation than support it, new poll shows”: Robert Barnes and Emily Guskin of The Washington Post have an article that begins, “More Americans disapprove of Brett M. Kavanaugh’s confirmation to the Supreme Court than approve, and a narrow majority says congressional investigation of the new justice should not end with his elevation to the court, according to a new Washington Post-ABC News poll.”
You can access the poll results via this link.
“Harvard bias trial to spotlight use of race in college admissions”: Nate Raymond of Reuters has this report.
“Law professors divided on Kavanaugh clerkships”: Carly Wanna of The Yale Daily News has this report. According to the article, “with the controversy surrounding Kavanaugh’s appointment, professors at the Law School are divided on whether they would write recommendation letters for students looking to clerk for Kavanaugh in the future.”
“Law School Students, Faculty Meet Behind Closed Doors to Discuss Kavanaugh’s Confirmation”: Aidan F. Ryan of The Harvard Crimson has an article that begins, “Harvard Law School students, faculty, and administrators convened behind closed doors at an off-the-record forum Thursday for two hours to reflect on the recent, and contentious, confirmation of Justice Brett M. Kavanaugh to the Supreme Court.”
“Should Brett Kavanaugh be stopped from teaching at Harvard Law School?” On Monday, Alan M. Dershowitz had this essay online at The Boston Globe.
In response, The Boston Globe yesterday posted online an essay by Jessica Lynn Corsi and Lauren Birchfield Kennedy titled “It’s not ‘McCarthyism’ to demand Harvard Law School sever ties with Brett Kavanaugh.”
“The Secrets of Getting Into Harvard Were Once Closely Guarded. That’s About to Change. Trial beginning Monday will examine how the elite institution uses race to shape its student body; decision could upend practices of other colleges.” Nicole Hong and Melissa Korn have this front page article in today’s edition of The Wall Street Journal.
“How Kavanaugh’s addition to the Supreme Court could affect California”: Bob Egelko of The San Francisco Chronicle has this report.
“How to save the Supreme Court: The Supreme Court faces a legitimacy crisis; Here’s what we can do about it.” Law professors Daniel Epps and Ganesh Sitaraman have this essay online at Vox.
“San Diego federal prosecutor among 3 Californians nominated to 9th Circuit seats”: Kristina Davis of The San Diego Union-Tribune has this report.
“The Gorsuch Brief: Progressive advocates used to write briefs designed to appeal to Anthony Kennedy; They’ve now got a new justice in their sights.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Should the Supreme Court Matter So Much? The Kavanaugh controversy is a reminder of why the country’s founders wanted a less powerful institution.” Law professor Barry P. McDonald has this essay online at The New York Times.
“Workman’s impeachment trial in limbo after Supreme Court declares proceedings unconstitutional”: Phil Kabler of The Charleston (W. Va.) Gazette-Mail has this report.
“Idaho Falls’ Nelson confirmed to federal court”: Nathan Brown of The Post Register of Idaho Falls has this report.
“Senate heads for exits as vulnerable Democrats get campaign time and McConnell gets his judges”: Mike DeBonis of The Washington Post has an article that begins, “Endangered Senate Democrats got their freedom to campaign for next month’s midterm elections and in exchange Majority Leader Mitch McConnell got something he highly values — votes on 15 of President Trump’s judicial nominees.”
And Burgess Everett of Politico reports that “Democrats agree to confirmations of 15 Trump judges; In exchange, Dems facing reelection can go home to campaign.”
The U.S. Senate has voted to confirm Richard J. Sullivan to serve on the U.S. Court of Appeals for the Second Circuit: The vote to confirm was 79-to-16.
The U.S. Senate has voted to confirm Ryan D. Nelson to serve on the U.S. Court of Appeals for the Ninth Circuit: The vote to confirm was 51-to-44.
“West Virginia court blocks justice’s impeachment trial”: John Raby of The Associated Press has this report.
Alex Thomas of West Virginia’s MetroNews reports that “State Supreme Court rules to prevent Workman impeachment trial.”
Chris Dickerson of West Virginia Record reports that “State Supreme Court puts stop to Workman’s impeachment trial; Senate plans to appeal.”
And Dave Mistich of West Virginia Public Broadcasting reports that “Supreme Court Ruling Blocks Workman’s Impeachment Trial, Says Overall Process Was Flawed.”
Today’s ruling of the Supreme Court of Appeals of West Virginia consisted of a majority opinion and an opinion concurring in part and dissenting in part.
The U.S. Senate has voted to confirm David J. Porter to serve on the U.S. Court of Appeals for the Third Circuit: The vote to confirm was 50-to-45.
In related news, Alexander Bolton of The Hill reports that “McConnell moving package of 15 judges to wrap up October session.”
“Trump Is Mulling Candidates Who Could Replace Jeff Sessions; Potential candidates for attorney general include Alex Azar, Steven Bradbury and Bill Barr”: Michael C. Bender of The Wall Street Journal has this report.
According to the article, former D.C. Circuit Judge Janice Rogers Brown is among the candidates under consideration.
“Trump’s Latest Group Of Judicial Nominees Is A Jab At Dianne Feinstein And Kamala Harris; The White House rebuffed recommendations from the California Democrats for nominees for the Ninth Circuit”: Zoe Tillman of BuzzFeed News has this report.
“Should Progressives Wage War on the Supreme Court?” Law professors Daniel Hemel and Christopher Jon Sprigman have this jurisprudence essay online at Slate, introducing a debate between them.
The debate currently consists of four parts. Sprigman begins with an essay titled “The Supreme Court Is a Historically Regressive and Presently Expendable Institution.”
Next, Hemel has an essay titled “The Supreme Court Is a Bulwark of Democracy.”
Then, Sprigman has an essay titled “Three Plans for Saving Voters From a Right-Wing Activist Supreme Court: Forget court-packing, Canada has a better idea.”
And Hemel has an essay titled “Why Supreme Court Term Limits Won’t Work and What to Do Instead.”
“The Supreme Court celebrates its own corruption”: Columnist Molly Roberts has this essay online at The Washington Post.
“State Supreme Court calls a ‘timeout’ for Washington Bar Association to review its rules”: Steve Miletich of The Seattle Times has an article that begins, “The Washington State Supreme Court has directed the state bar association’s Board of Governors to defer action on proposed bylaw amendments pending a comprehensive review of the bar’s structure in light of a U.S. Supreme Court decision barring public-sector unions from collecting fees from nonmembers.”
“Justice Kavanaugh unlikely to heed calls for recusal”: Lawrence Hurley of Reuters has this report.
“Anti-Asian Bias, Not Affirmative Action, Is on Trial in the Harvard Case”: Law professor Jeannie Suk Gersen has this post online at The New Yorker.
As I noted in this post from Monday, this week’s issue of that magazine contains a related article by Hua Hsu headlined “The Rise and Fall of Affirmative Action: With a lawsuit against Harvard, Asian-American activists have formed an alliance with a white conservative to change higher education.” The article, which I only started reading over lunch today, leaves little doubt that the intent of the lawsuit’s main financial supporter is to eradicate affirmative action altogether.
“Both sides want to settle class action. Judge says keep litigating. A First Amendment story?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post about a petition for writ of mandamus filed Tuesday in the U.S. Court of Appeals for the Ninth Circuit.
“Chief Justice Names Group to Review Workplace Conduct in the Judicial Branch; New work group will make recommendations on new rules, improved training, and clarifying reporting requirements to prevent discrimination and harassment”: The Judicial Council of California issued this news release today.
“Wash. Supreme Court declares death penalty unconstitutional; Gov. Jay Inslee issued a death penalty moratorium in 2014”: Lynsi Burton of SeattlePI.com has this report.
Rachel La Corte of The Associated Press reports that “Washington Supreme Court tosses out state’s death penalty.”
Chris Geidner of BuzzFeed News reports that “Washington State’s Death Penalty Is Unconstitutional, The State’s Supreme Court Rules; Those inmates on death row now will have their sentences converted to life imprisonment, the state’s justices ruled.”
And Nina Golgowski of HuffPost reports that “Washington State’s Supreme Court Declares Death Penalty Unconstitutional; The court ruled the punishment is applied ‘in an arbitrary and racially biased manner.’”
You can access today’s ruling of the Washington Supreme Court at this link.
“Is the Supreme Court Broken? Plus, should Democrats run on the #MeToo movement?” The Opinion section of The New York Times has a new podcast called “The Argument,” and you can access its first installment, featuring Michelle Goldberg, Ross Douthat, and David Leonhardt, via this link.
“A Draft Opinion Overruling Roe v. Wade”: Clarke Forsythe, senior counsel for Americans United for Life, has posted online at SSRN this draft opinion, forthcoming in the Georgetown Journal of Law & Public Policy. You can also access the draft opinion directly at this link.
“Choosing State Judges: A Plan for Reform.” The Brennan Center for Justice has posted online this report by Alicia Bannon. You can also access online an executive summary of the report.
“Harvard Students Vow Continued Activism After Kavanaugh’s Confirmation to Supreme Court”: Ruth A. Hailu of The Harvard Crimson has this report.
“Where now for the supreme court as Kavanaugh fulfils conservative dream? The nation’s highest court now has a solid rightwing majority, fuelling fears that it will be transformed into a partisan body out of step with the American people.” David Smith and Stephanie Kirchgaessner of The Guardian (UK) have this report.
“A Lesson for Kavanaugh From Another Tarnished Supreme Court Justice: Hugo Black rose from his past in the Ku Klux Klan to become one of the great civil libertarians.” Linda Greenhouse has this essay online at The New York Times.
“Nancy Pelosi dismisses Brett Kavanaugh impeachment talk”: Tal Kopan of The San Francisco Chronicle has this report.
