Judiciary Watch

Justice Ruth Bader Ginsburg dies at 87

Supreme Court Justice Ruth Bader Ginsburg died on Friday at age 87 from complications of metastatic pancreatic cancer.  She served on the court for 27 years and was perhaps it’s best known member.  Ginsburg’s vacancy has set off a fierce political battle over the timing of her replacement. President Trump has promised to announce his pick to replace Ginsburg by the end of the week.  The president suggested that Ginsburg’s dying wish that her replacement be chosen after the November election, as told to NPR by her granddaughter, was in fact something made up by Democrats.  

Two of the front-runners for the nomination are Hon. Amy Coney Barrett of the U.S. Court of Appeals for the 7th Circuit and Hon. Barbara Lagoa of the U.S. Court of Appeals for the 11th Circuit.  Barrett clerked for Justice Antonin Scalia and most of her experience is in academia.  She was a law professor at Notre Dame Law School prior to taking the bench in 2017.  Barrett is 48 years old and is widely admired by Republicans for her conservative views, which often have been in stark contrast to those of Justice Ginsburg.  Lagoa, a 52-year old Cuban-American, was an Assistant U.S. Attorney in Florida, in private practice with Greenberg Traurig in Miami, and a member of the Florida Supreme Court prior to taking the bench in 2019.

Kavanaugh nomination advances to final vote

The Senate today voted 51 to 49 to move forward on the nomination of Hon. Brett M. Kavanaugh to the United States Supreme Court.  This vote, known as cloture, limits further debate on the nomination and likely moves it to a final vote this weekend.

Senate Judiciary Committee advances Kavanaugh nomination, Flake requests weeklong FBI investigation

The Senate Judiciary Committee today voted along party lines to advance the nomination of Hon. Brett M. Kavanaugh to the full Senate.  Sen. Jeff Flake, the only swing vote among Republicans on the committee, said he would be reluctant to vote yes on the floor without a weeklong investigation by the FBI into current allegations of sexual assault and misconduct by Kavanaugh.  The vote came just one day after a public hearing in which a woman testified that she had been sexually assaulted by Kavanuagh when the two were in high school.  Two other women have also come forward with accusations of sexual misconduct by Kavanaugh in high school and college, but neither woman was called to testify. Kavanaugh denied the accusations.   The ABA, which previously had endorsed Kavanaugh, has also requested that the vote be delayed until the FBI could conduct an investigation of the charges.

Kavanaugh is Trump's pick for Supreme Court

President Trump on Monday night named Hon. Brett M. Kavanaugh as his nominee to fill Justice Kennedy’s seat on the Supreme Court.  Kavanaugh’s confirmation could shore up the court’s ideologically conservative slant for years to come and potentially threatens dozens of precedents, including Roe v. Wade.  The focus of what is sure to be a fierce confirmation battle will include Kavanaugh’s long trail of legal opinions on the Court of Appeals for the District of Columbia as well as his work with independent counsel Kenneth Starr on grounds for impeaching President Clinton.

Trump to announce Supreme Court nominee Monday night

President Trump’s Supreme Court pick is scheduled to be announced at 9:00 p.m. tonight.  Over the weekend there was speculation that there was renewed interest in Hon. Thomas M. Hardiman of the Third Circuit Court of Appeals, in addition to the other three judges still in contention.  Hardiman served on the bench with Trump’s sister, Hon. Maryanne Trump Barry.  He got good marks from lawyers interviewed for the Almanac of the Federal Judiciary, who called him “one of the best” and a “practical, no nonsense guy.”

Trump SCOTUS picks narrows to three

President Trump will announce his choice to replace Justice Kennedy, who announced his retirement last week, on Monday July 9th.  He is said to still be considering three candidates, with Hon. Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia widely considered the front-runner.  The other two are Hon. Raymond M. Kethledge of the 6th Circuit Court of Appeals and Hon. Amy Coney Barrett of the 7th Circuit.

Kavanaugh is a 1990 graduate of Yale Law School and former clerk to Justice Kennedy. He was appointed to the bench by President George W. Bush.  Lawyers interviewed for the Almanac of the Federal Judiciary describe Kavanaugh as “very smart, but very conservative.”  Kethledge is also a former Kennedy clerk and was appointed by President George W. Bush.  Lawyers described him as “a brilliant jurist” and as “conservative” but generally fair.  Barrett was appointed to the 7th Circuit by President Trump last year.  She spent most of her career teaching and writing about the law, focusing primarily on constitutional interpretation, statutory interpretation, and the power conferred upon federal courts by Article III.

Gorsuch confirmed to Supreme Court

The Senate today confirmed Hon. Neil M. Gorsuch to the U.S. Supreme Court, to succeed Justice Antonin Scalia, who died over a year ago.  The vote was 54-45 in favor of confirmation, with three Democrats joining Republicans.

Senate Republicans deploy nuclear option, ending Gorsuch filibuster

Senate Republicans today changed Senate rules, clearing the way for the confirmation of Hon. Neil M. Gorsuch to the U.S. Supreme Court.  After a 55-45 vote failed to end a Democratic filibuster, Republicans used the “nuclear option,” allowing the nomination to move forward with a simple majority vote.  Parties on both sides of the aisle expressed concern that this rule change will lead to more partisan, ideological judges in the future.  In 2013 Democrats changed the rules as applied to lower courts and other government positions, but left the filibuster in place for Supreme Court nominees.  It is expected Gorsuch will be confirmed tomorrow.

Judiciary Committee advances Gorsuch nomination in party-line vote

The Senate Judiciary Committee yesterday advanced the nomination of Hon. Neil M. Gorsuch to the U.S. Supreme Court along party lines, with Republicans vowing to have him confirmed by week’s end.  Sen. Orrin G. Hatch (R. Utah) said that if they must change the rules to overcome a promised filibuster by Democrats it’s because there is “no alternative.”  Under current rules, Republicans need 60 votes to break a filibuster, which would require eight Democrats to join the Republicans.  Thus far, only four Democrats have announced support for an up and down vote.  Sen. Lindsay Graham (R. S.Car.) said, “This is going to haunt the Senate, it’s going to change the judiciary, and it’s so unnecessary.”

Senate committee wraps up Gorsuch confirmation hearing

The Senate Judiciary Committee wrapped up Hon. Neil Gorsuch’s confirmation hearing today with testimony from expert panelists.  Gorsuch completed his testimony yesterday after about 20 hours of questions from Senate committee members.  A vote by the full Senate is expected the first week of April.  Gorsuch needs 60 votes to be confirmed, but Senator Lindsay Graham (R. S. Car.) has vowed to use the “nuclear option” should Senate Democrats attempt a filibuster, which would allow Gorsuch to be confirmed with only a simple majority.