“Manchin says he will vote for Supreme Court nominee Ketanji Brown Jackson”: Clare Foran of CNN has a report that begins, “West Virginia Democratic Sen. Joe Manchin announced on Friday that he plans to vote for President Joe Biden’s Supreme Court nominee Ketanji Brown Jackson, a move that all but guarantees she will be confirmed.”
“U.S. Judicial Conference Celebrates 100th Anniversary”: The Administrative Office of the U.S. Courts issued this news release today.
“Justice Gorsuch Embraces the Rule of Lenity — and Underscores Textualism’s Modest Goals”: Richard Samp has this post at the blog of the New Civil Liberties Alliance.
“How to rein in partisan Supreme Court justices”: Simon Lazarus has this post at the “FixGov” blog of the Brookings Institution.
“What If Lindsey Graham Really Wanted to Talk About Sentencing Under the Guidelines? A Close Reading of USSG §2G2.2(b)(6).” Michael C. Dorf has this post at his blog, “Dorf on Law.”
“What Working Mothers Heard in Judge Jackson’s Words: Even the eminently accomplished Ketanji Brown Jackson knows the struggle of trying to balance a career and parenthood.” Molly Jong-Fast has this essay online at The Atlantic.
“The Constitution won’t interpret itself. Ketanji Brown Jackson owes us an answer on her judicial philosophy. Supreme Court justices need more than a commitment to impartiality. Even an impartial judge must interpret the law. That requires a judicial philosophy.” Law professor Scott Douglas Gerber has this essay online at USA Today.
“What Does Clarence Thomas Know? And when did he know it?” Dan Rather and Elliot Kirschner have this post at their “Steady” Substack site.
“The Story Behind That Photo of Ketanji Brown Jackson and Her Daughter; A Times photographer talks about documenting history and pride at the Supreme Court confirmation hearings”: Gina Cherelus of The New York Times has this report on her colleague Sarahbeth Maney’s remarkable photograph.
“Hasen Moving to UCLA Law”: Rick Hasen has this post at his “Election Law Blog.”
“Jackson on track for confirmation, but GOP votes in doubt”: Mary Clare Jalonick and Kevin Freking of The Associated Press has this report.
“Senate Democrats Are Never Prepared For the Fight; Two unnamed Democratic lawmakers apparently think Ketanji Brown Jackson wasn’t ‘adequately prepared’ for Republican smears they did nothing to stop”: Jay Willis has this post at Balls and Strikes.
“SCOTUS will consider war powers in case of ailing veteran claiming employment discrimination”: Mark Walsh has this report online at ABA Journal.
“Virginia Thomas urged White House chief to pursue unrelenting efforts to overturn the 2020 election, texts show; In messages to Chief of Staff Mark Meadows in the weeks after Election Day, the wife of Supreme Court Justice Clarence Thomas called Biden’s victory ‘the greatest Heist of our History’ and told him that President Donald Trump should not concede”: Bob Woodward and Robert Costa of The Washington Post have this report.
And Danny Hakim, Luke Broadwater, and Jo Becker of The New York Times report that “Ginni Thomas Pressed Trump’s Chief of Staff to Overturn 2020 Vote, Texts Show; The messages between Ms. Thomas and Mark Meadows are the first evidence that she directly advised the White House in efforts to reverse the election results.”
“Republican Senators Say No Boycott Planned for Jackson Committee Vote; Supreme Court nominee on track to be confirmed next month”: Lindsay Wise, Siobhan Hughes, and Laura Kusisto of The Wall Street Journal have this report.
“Little is known about Justice Thomas’ hospitalization, part of a history of secrecy from the court; The Supreme Court is not required to be transparent about justices’ health”: Chris Geidner of Grid has this report.
“How Some Texans Are Getting Abortions Despite a Devastating Law”: Samuel Dickman and Kari White have this guest essay online at The New York Times.
“QAnon Cheers Republican Attacks on Jackson. Democrats See a Signal. Criticism of Judge Ketanji Brown Jackson’s sentencing decisions emerged as a theme among Republicans — and renewed debate about the party’s stance toward QAnon.” David D. Kirkpatrick and Stuart A. Thompson of The New York Times have this report.
“Supreme Court silent on Justice Clarence Thomas hospitalization”: Kevin Breuninger of CNBC has this report.
“Supreme Court silent on Thomas health status”: John Kruzel of The Hill has this report.
“Corpus Linguistics in the Supreme Court”: James Phillips has this guest post at “The Volokh Conspiracy.”
“U.S. Senate promotes Ghislaine Maxwell’s judge to appellate court”: Nate Raymond of Reuters has this report.
And Madison Alder of Bloomberg Law reports that “Maxwell Judge Nathan Confirmed to New York-Based Appeals Court.”
Yesterday, the U.S. Senate confirmed U.S. District Judge Alison J. Nathan (S.D.N.Y.) to serve on the U.S. Court of Appeals for the Second Circuit by a vote of 49-to-47.
“Crime Focus at Jackson Hearing Most Intense Since Marshall”: Kimberly Strawbridge Robinson, Madison Alder, and Jordan S. Rubin of Bloomberg Law have this report.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases.
1. Justice Neil M. Gorsuch delivered the opinion for a unanimous Court in Houston Community College System v. Wilson, No. 20-804. You can access the oral argument via this link. Interestingly, the transcript of this oral argument begins with Chief Justice John G. Roberts, Jr. announcing that “Justice Gorsuch has a stomach bug and, out of an abundance of caution, will participate in this morning’s arguments remotely.”
2. And Chief Justice Roberts delivered the opinion of the Court in Ramirez v. Collier, No. 21-5592. Justices Sonia Sotomayor and Brett M. Kavanaugh issued concurring opinions. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.
“The Ketanji Brown Jackson Hearings Show Marriage Equality Is the Next Target Once Roe Falls”: Mark Joseph Stern has this jurisprudence essay online at Slate.
Also online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Cory Booker Aside, Democrats Stranded Ketanji Brown Jackson.”
“Ketanji Brown Jackson Survives a Final Bruising Day of Questions; Republicans on the Senate Judiciary Committee pummeled the first Black woman nominated to the Supreme Court for a second day over her sentencing record on cases involving child sex abuse”: Carl Hulse and Jonathan Weisman of The New York Times have this report.
“Idaho Gov. Little signs law allowing families to sue abortion providers, despite concerns”: Nicole Blanchard of The Idaho Statesman has this report.
Mike Baker of The New York Times reports that “Idaho Governor Calls Abortion Law ‘Unwise’ but Signs It Anyway; The law, modeled after one in Texas, bans abortions after about six weeks and allows some people — including relatives of rapists — to sue abortion providers.”
And Laura Kusisto of The Wall Street Journal reports that “Idaho Governor Signs Six-Week Abortion Ban Based on Texas Model, but Voices Concerns; Republican says law sets dangerous precedent by ‘deputizing private citizens’ to enforce it through private lawsuits.”
“Justice Clarence Thomas misses Supreme Court arguments because of hospitalization”: Robert Barnes of The Washington Post has this report.
“A Judge Is Hardly Asked About Judging; Partisan talking points replaced questions about legal issues at Judge Ketanji Brown Jackson’s hearings”: Adam Liptak of The New York Times has this news analysis.
“Clarence Thomas Misses Supreme Court Arguments for Third Day”: Greg Stohr of Bloomberg News has this report.
“Jackson says she’d recuse from Asian-American discrimination case against Harvard; Supreme Court expected to hear Harvard Asian-American discrimination case next term”: Tyler Olson of Fox News has this report.
“The Supreme Court’s Astonishing, Inexplicable Blow to the Voting Rights Act in Wisconsin”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“Formal Conflicts of Interest Versus Bias: Ketanji Brown Jackson Edition.” Michael C. Dorf has this post at his blog, “Dorf on Law.”
“Why Republican senators kept bringing up Janice Rogers Brown”: Columnist Ruth Marcus has this op-ed in today’s edition of The Washington Post.
Online at The Washington Post, columnist Paul Waldman has an essay titled “Republicans make Ketanji Brown Jackson’s hearing all about their own victimhood.”
Also online at The Washington Post, columnist Jennifer Rubin has an essay titled “Ketanji Brown Jackson exposes the real judicial radicals.”
“Supreme Court Sides With Republicans in Case on Wisconsin Redistricting; The justices sent a case on legislative maps back to a state court for another look, but they refused a request to block the state’s congressional maps”: Adam Liptak of The New York Times has this report.
And Patrick Marley of The Milwaukee Journal Sentinel reports that “U.S. Supreme Court throws out Wisconsin’s redistricting plan for legislative maps.”
Today, the U.S. Supreme Court issued a per curiam opinion and an order in this matter.