Supreme Court Justices live dual lives. On one hand they predominately manage to stay out of the limelight while actually doing their jobs. Even with pressure to the contrary, the justices have managed to keep cameras out of the Court, and to limit the release of audio recordings of oral arguments to the Fridays after the…
Tag: Brett Kavanaugh
So Happy Together
With many anticipated decisions still to come in the next month or so, the Supreme Court has already started to define itself in the post-Kennedy era. Certain patterns have emerged in the justices’ voting that distinguish this Court from past Courts. We are also beginning to see how the newest justices and Trump appointees —…
Is Kavanaugh as Conservative as Expected?
On Monday April 1, 2019 the Supreme Court decided the case Bucklew v. Precythe with the five conservative justices in the majority and the four liberals in dissent. To some including legal scholar and CNN analyst Steve Vladeck, this ruling ushered in a new conservative Court without the moderating anchor of Justice Kennedy. Going even…
Looking Back to Assess the Potential Future of Oral Arguments
Over the past several years the Supreme Court has undergone substantial change. Not only has the face of the Court shifted, but so has its center with the departure of Justice Kennedy. Oral arguments offer the only vantage into the interactions and dynamics between the justices and provide some context for how they might vote…
365 Days of Trump and the Supreme Court
How better to wrap up the calendar year than by examining the President’s take on his relationship with the Supreme Court – especially since the Court was one of President Trump’s favorite topics of discussion this past year. The context of these references ranged from from specificity to generalities and from praise to criticism. Many of the…
Will Kavanaugh’s Confirmation Hearings Provide Any Useful Information?
Supreme Court nominees’ confirmation hearings involve much dialogue between the nominees and senators. In two chaotic days of hearings for Judge Kavanaugh, we have seen a full spectrum of behavior from both sides of the aisle. Showboating aside, this is a genuinely important hearing for a crucial seat on the Court and hence emotions are running…
Without a Swing It’s Game Over for Democrats
The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court. Many Democrats oppose Kavanaugh’s nomination and will not vote to confirm him. Others are requesting that the Senate hold off on voting on Kavanaugh’s confirmation until the National Archives produces the record setting million or so pages…
The Big Business Court
The current Supreme Court is unabashedly friendly towards big business. How friendly? If the Court’s trajectory continues, perhaps as friendly as any Court dating back to the Lochner-era where laissez-faire policies exuded from the Court’s rulings. Prominent scholars, most notably Epstein, Landes, and Posner found empirical support for the proposition that the current Court is more pro-business…
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…
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