Indirectly Inferring Kavanaugh’s Positions in Abortion Cases

A question on much of the public’s mind seems to be how Judge Kavanaugh will vote in abortion cases if confirmed to the Supreme Court, and more specifically if he will vote to overturn Roe v. Wade.  Kavanaugh has only written a decision in one case regarding abortion — Garza v. Hargan. In the decision he did…

Get Ready for A Confirmation Battle More Intense Than Most

Even though the Supreme Court is not in session it is far from out of the news. With the nomination of Judge Kavanaugh, much of the conversation now surrounds expectations for the a fierce confirmation battle – possibly one of the most fierce we have ever seen.  Some speculate that notwithstanding the drama surrounding the failure…

Getting Rid of those Amicus Blues

Good writing makes a world of difference in appellate practice.  In an era where some scholars question whether oral arguments have very much utility, briefs, and especially amicus briefs, are thought to play a unique role in Supreme Court decision making.  The Court receives briefs in large numbers, with amicus briefs leading the way.  Cases with broad national repercussions may garner…

Expect Kavanaugh To Shift the Court Right. How Far No One Knows.

The discussion over who will fill the Supreme Court vacancy has dominated much of the political conversation since Justice Kennedy announced his retirement from the Supreme Court on June 27.  Last night, Judge Brett Kavanaugh, an obvious choice and the one I predicted in December 2017, was announced as nominee.  When Kennedy’s retirement rumors previously circulated,…

The Five Frontrunners

With less than one week left until President Trump announces his nominee to fill the second SCOTUS vacancy since he took office, not all names are getting equal attention.  President Trump indicated the other day that he narrowed down his initial list to five finalists.  While all members on this whittled down list are not known, a few judges…