Trump To Name Supreme Court Nominee Tomorrow Evening

President Trump will name his first Supreme Court pick on his 11th day in office.

Supreme Court Accepts Texas Abortion Law Case For Review

The Supreme Court has accepted a case involving a new Texas abortion law for review, the first abortion rights case it will hear in eight years.

Hillary Misrepresents Citizen’s United, Says She’ll Demand Promises To Overturn From Nominees

Hillary Clinton told supporters she’d require Supreme Court nominees to pledge to overturn Citizens United, a decision she completely misrepresented.

Once Again, It’s The Eve Of History At The Supreme Court

Tomorrow promises to be an historic day at the Supreme Court, but it’s been a long legal, political, and social battle.

Same-Sex Marriage Advances In Two States, But All Eyes Are On SCOTUS Now

Same-sex marriage advanced in Kansas and South Carolina yesterday, and will soon be law in Montana, but the Supreme Court is what matters now,

Supreme Court’s Public Approval Sinking

A new poll shows public approval for the Supreme Court nearing a all-time low.

DOMA, Proposition 8 Decisions To Be Handed Down Tomorrow

Tomorrow will be the final day that the Supreme Court of the United States will sit for its current term, meaning all cases where decisions have not yet been handed town. That includes United States v. Windsor, the case dealing with the Constitutionality of the Defense Of Marriage Act, and Hollingsworth v. Perry, the case dealing with […]

Supreme Court Bans Protests at Supreme Court but Not Near the Supreme Court

The AP has the Supreme Court banning demonstrations at the Supreme Court. The regulation in question doesn’t actually do that.

Sandra Day O’Connor: Maybe SCOTUS Should Have Stayed Out Of Bush v. Gore

Former Justice O’Connor seems to regret the fact that the Supreme Court got involved in the 2000 election. Her regrets are misplaced.

Supreme Court To Consider Same-Sex Marriage Cases At November 20th Conference

The Supreme Court will consider whether to grant hearings in two cases involving same -sex marriage at its conference on November 20th: The Supreme Court is scheduled to consider whether it will hear cases challenging the constitutionality of the Defense of Marriage Act and California’s Proposition 8 on Nov. 20, according to a series of […]

The Triumph Of Clarence Thomas

A new look at Clarence Thomas’s 20 years on the Supreme Court, from a critic, is surprisingly positive.

Liberals Want Justice Ginsburg To Resign Before 2012 Elections?

A few liberal law professors say Justice Ruth Bader Ginsburg should resign now so President Obama can pick her successor.

Free Speech vs. Disturbing the Peace

At what point does the legitimate right to demonstrate cross the line into infringing on the rights of others?

Supreme Court: Westboro Baptist Church Funeral Protests Are Protected Speech

The Supreme Court rules that “offensiveness” does not trump the First Amendment. And they’re right.

Kagan Recuses Herself From 21 Of 40 Cases SCOTUS Will Hear In 2010-11 Term

Elena Kagan has announced that she will not participated in the consideration of more than half the cases currently scheduled to be hear by the Supreme Court when it’s new term begins in October.

Almost Everything You Know About The Supreme Court Is Wrong

Not surprisingly, American’s partisan views on the Supreme Court are pretty much wrong.

Kagan Ends Testimony With Confirmation Assured

Not surprisingly, Elena Kagan finished her testimony without giving any real ammunition to the Republicans.

Elena Kagan Gets Grillled……On Her Favorite Twilight Character

If you needed any more signs that the Supreme Court confirmation process had become silly and vapid, it came today when Senator Amy Klobucher asked Elena Kagan who her favor character was in the Twilight series: H/T: TPM

Some Real Questions For Elena Kagan

George Will has some real questions for Elena Kagan. Too bad nobody’s going to ask them.

Kagan Backtracks On “Meaningful Discussion Of Legal Issues”

Elena Kagan’s interest in vigorous and open confirmation hearings ended roughly the moment she was sworn in by the Senate Judiciary Committee.

Day One Of Kagan Hearings Fail To Excite, Or Educate

Miss yesterday’s opening round of the Kagan hearings ? You didn’t miss much.

New Poll Shows Americans Don’t Know Much About The Judiciary

When it comes to the Supreme Court, most Americans have no idea what they’re talking about.

Support For Kagan Lower Than Other Recent SCOTUS Nominees

A new Gallup poll shows that public support for Elena Kagan’s nomination to the Supreme Court is lower than it has been for most recent Supreme Court nominees: PRINCETON, NJ — A USA Today/Gallup poll finds just under half of Americans, 46%, in favor of the Senate’s confirming Elena Kagan’s nomination to the U.S. Supreme […]

Supreme Court: Suspects Must Explicitly Invoke Miranda Rights

The Supreme Court ruled today that mere silence in response to police questioning is not sufficient to constitute an invocation of a suspect’s Miranda rights: WASHINGTON (AP) — The Supreme Court ruled Tuesday that suspects must explicitly tell police they want to be silent to invoke Miranda protections during criminal interrogations, a decision one dissenting […]

Kagan’s Lack Of Judicial Experience Not A Problem For Scalia

Antonin Scalia is not bothered in the least by the fact that Supreme Court nominee Elena Kagan has never served as a judge, and in fact seems to believe it might actually be a good thing: Supreme Court nominee Elena Kagan’s lack of judicial experience got a high-profile defense Wednesday night from a prospective colleague: […]

Kagan Confirmation Hearings Set To Start June 28th

The Senate Judiciary Committee has scheduled the confirmation hearings for Elena Kagan’s nomination to the Supreme Court to begin June 28th: Senator Patrick J. Leahy of Vermont, the Democratic chairman of the Judiciary Committee, announced this morning that he has scheduled the confirmation hearings for Elena Kagan, the Supreme Court nominee, to begin on June […]

Set Irony To Maximum

The Supreme Court handed down two rulings today which, from almost any other institution, one would be forced to conclude were intended as some sort of philosophical meta-joke. First, in Graham v. Florida, Kennedy rules for a 6-3 Court that, unless there’s a murder involved, it violates the Eighth Amendment to sentence a juvenile to […]

Reverse Elena Kagan: Too Much Information

The Atlantic‘s Chris Good points out that, while some are grumbling over Elena Kagan’s lack of a paper trail, the far more common problem in the digital age is that most public intellectuals have so much information out there that it’s virtually impossible to corral it all. The last major judicial nominee reported out by […]

Jon Kyl: No Filibuster On Kagan Nomination

One of the most conservative members of the Senate said today that a filibuster of Elena Kagan’s nomination to the Supreme Court is not going to happen: Supreme Court nominee Elena Kagan is unlikely to face a Republican filibuster, the Senate’s second-ranking Republican said Sunday. “The filibuster should be relegated to extreme circumstances, and I […]

The Politics of Kagan and the Military

The main attack that appears to exist against Elena Kagan at the moment has to do with her actions as Dean of the Harvard Law School and policies concerning military recruiters. The basic position is well represented by Newt Gingrich’s statement today Fox News Sunday (as transcribed by HuffPo): “I think the president should withdraw […]

Elena Kagan College Years: Who Cares?

Earlier in the week, we were treated to a discussion about Elena Kagan’s 1981 senior thesis at Princeton, “To the Final Conflict: Socialism in New York City, 1900-1933.”  In a Newsweek Web Exclusive, we learned that, despite some sympathy for the broad goals of the movement, Kagan isn’t a socialist and is both philosophically and […]

So You Want To Be A Supreme Court Justice

The Senate Judiciary Committee has released its questionnaire for Elena Kagan: The Senate Judiciary Committee has released the questionnaire it has prepared for the Supreme Court nomination hearing of Solicitor General Elena Kagan. Among the materials requested, the Committee asks for any community-wide communications Kagan sent at Harvard, including those related to Harvard’s anti-discrimination policy, […]

Elena Kagan Supportive Of Cameras At The Supreme Court

One of the many smaller issues that have come up in the days since President Obama named Elena Kagan to replace Justice John Paul Stevens is the revelation that Kagan is apparently open to the idea of allowing oral argument in the nation’s highest court to be televised: In addition to meeting with Brown and […]

Organization Kids

In his most recent column, David Brooks laments the rise of Organization Kids, of whom he suggests Elena Kagan is an archetype: Kagan has many friends along the Acela corridor, thanks to her time at Hunter College High School, Princeton, Harvard and in Democratic administrations. So far, I haven’t met anybody who is not an […]

Partisanship and Failed SCOTUS Nominees

Earlier this morning I noted that since 1976 there have been three failed SCOTUS nominees:  Robert Bork, Douglas Ginsburg and Harriet Miers. Commenter Charles Austin asked “They all seem to have only one relevant thing in common besides being nominated for Justice of the Supreme Court. Can you identify it?” And yes, it is true […]

Elena Kagan: Not Gay After All?

A few weeks back, in a post titled “Elena Kagan Lesbian Rumor Smear Neither Smear Nor Rumor,” I weighed in on the kerfuffle surrounding Ben Domenech’s “outing” of the then-prospective Supreme Court nominee as gay.   The essence of the piece is that, according to several credible accounts, Kagan was widely known in both Cambridge and […]

Failed SCOTUS Nominees

One of the reasons that I tend to take a fairly dispassionate view of SCOTUS nominations and to focus primarily on the qualifications question is simply because the probabilities are that once a president makes a selection that the candidate will be confirmed. Within my politically active life (i.e., the time in which I have […]

Veterans on the Supreme Court

RedState‘s Erick Erickson notes that, not only would Elena Kagan replace the Supreme Court’s last Protestant but also “the last of the military veterans on the United States Supreme Court.” Indeed, according to his Wikipedia entry, John Paul Stevens “began work on his master’s degree in English at the university in 1941, but soon decided […]

36% of all Supreme Court Justices Lacked Judicial Expereince

FindLaw notes that 40 of the 111 Justices that have served on the Supreme Court of the United States lacked judicial experience prior to ascending to the bench.  That equates to 36.03% of all Justices. This is a a take it for what it is worth kind of factoid, but is interesting nonetheless. Two observations: […]

Can Justice Kennedy be Manipulated?

Scott Lemieux notes something that I also noticed in the reporting on the Kagan nomination:  the idea that part of the reason that Obama nominated her was that she might be able to influence Justice Anthony Kennedy. Scott notes, for example, TNR’s Jeffrey Rosen:  “Obama has signaled that he wants a justice who can win […]

Elena Kagan and Military Recruiting

As Doug Mataconis predicted yesterday, the opening gambit of conservatives seeking a reason to deny Elena Kagan confirmation to the Supreme Court is to charge that she’s hostile to the military, as demonstrated by her decision as dean of Harvard Law School to deny military recruiters the right to officially visit the campus because the […]

Elena Kagan Changes Mind on Supreme Court Confirmation Candor

People are having fun with reports that Elena Kagan, who argued as an advisor during the Ruth Bader Ginsburg confirmation that Supreme Court nominees should be required to give very detailed answers to policy questions, has changed her position now that the shoe is on the other foot. Kagan wrote in 1995 that the confirmation […]

Harvard and Yale Über Alles?

It seems that George Mason lawprof David Bernstein has spotted a trend: The president went to Harvard, and barely defeated a primary opponent who went to Yale. His predecessor went to Yale and Harvard, and defeated opponents who went to Harvard. The previous two presidents also went to Yale, with Bush I defeating another Harvard grad […]

Sex and the Supreme Court

Responding to the fact that, by nominating Elena Kagan to the Supreme Court, Barack Obama has now gone two-for-two in appointing women to the High Court — and, assuming she’s confirmed, would triple the number of female Justices in a matter of months — NRO’s Kathryn Jean Lopez tweets, “Just wondering: are men allowed to […]

Conservative Talking Points On The Kagan Nomination

As David Weigel notes, the directions from which activists and pundits on the will attack the nomination of Elena Kagan to the Supreme Court are already fairly clear. I. The Harvard Military Recruiters Controversy Already this morning, one conservative blogger has called Kagan an “anti-military loon” for her role in banning military recruiters from Harvard […]

Supreme Court Term Limits

Continuing a theme of late here at OTB (see here and here), the Kagan discussion reminds me of another reform to the US constitution that I would love to see:  changing the term of office of Justices of the Supreme Court.  Specifically I would eliminate lifetime tenure and instead institute a single term that would […]

Elena Kagan is Supreme Court Choice

Solicitor General Elena Kagan, considered the frontrunner to replace Justice John Paul Stevens since his retirement announcement, will be President Obama’s choice, it is being widely reported. On paper, she would appear to be a slam dunk.   She was confirmed by the Senate to her present position just last year by a 61 to 31 […]

Atheist for Supreme Court?

The Nation‘s Marc Cooper is generating some minor buzz with his suggestion that President Obama appoint an atheist to replace John Paul Stevens on the Supreme Court. This is a no-brainer. The religious views of the next justice of the high court must absolutely be a decisive factor. Though the court without Stevens will be […]

Mirandize Shahzad? Of Course!

Two prominent Republican Congressmen have come out against reading Miranda rights to American citizens suspected of terrorism. Congressional Republicans want to know whether the Pakistani-born American arrested in the Times Square car bombing plot was read his Miranda rights, with Sen. John McCain saying it would be a “serious mistake” if the suspect was reminded […]

Racist Vanity Plates and the Law

For whatever reason, my home state of Virginia leads the nation in vanity plates.    Heck, I’ve got one that says “OTB.”   But, apparently, the DMV frowns on tags that spout racist messages, even exceedingly cryptic ones. Brigid Schulte for WaPo: The owner of a Ford truck bearing the license plate 14CV88 will have to find […]

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