If U.S. Supreme Court litigation was a seminar on moral philosophy, I might agree with Robert Verbruggen that the workability of Roe v. Wade is not the best argument against Roe. But the first audience for the case for overruling Roe is the Justices. And there are several reasons why the case for the unworkability […]
Abortion providers do not have the same interests as their patients, AUL brief tells U.S. Supreme Court
Today, Americans United for Life filed a “friend of the court” brief on its own behalf in Gee v. June Medical Services in the U.S. Supreme Court, arguing that abortion providers do not have standing to bring legal challenges against health and safety regulations on behalf of their patients. The case arose after June Medical Services, a Louisiana abortion clinic, challenged Louisiana’s admitting privileges […]
Summing Up
This morning, the 102nd Supreme Court Associate Justice, Brett Kavanaugh, took his seat on the Supreme Court. (The Court’s official biography and photographic record of the swearing-in ceremony are available here.) After the Chief Justice, John Roberts, wished Kavanaugh a “long and happy career in our common calling,” the Court got down to business with a couple of […]
Special Edition: Take Your Seat, Justice Kavanaugh
On Saturday afternoon, October 6, 2018, the Senate voted to confirm the nomination of Judge Brett Kavanaugh as Associate Justice on the U.S. Supreme Court. Justice Kavanaugh will take his seat when the Court opens for business on Tuesday, October 8th. The final vote was 50-48. Republican Senator Susan Collins of Maine voted in favor […]
She Said Yes
She said yes. Senator Susan Collins, the moderate Republican whose vote was considered crucial to secure the confirmation of Supreme Court nominee Brett Kavanaugh, said this afternoon that she would vote to confirm Kavanaugh when his candidacy comes before the full Senate this weekend. Senator Joe Manchin, the Democrat from West Virginia, announced very soon afterward that […]
‘A Very Thorough Investigation’
Now that the FBI has concluded its supplemental background investigation into allegations by several women that Supreme Court nominee Brett Kavanaugh assaulted them after drinking heavily, senators are beginning to position themselves for the inevitable cloture vote tomorrow and a final vote of the full Senate this weekend. All day today and into tonight, the senators on the […]
A Public Investigation by the FBI
More of the same acrimony, charges and counter-charges continue to fly around the Brett Kavanaugh nomination to the Supreme Court as the FBI is quietly conducting its supplemental background investigation into allegations by several women that Kavanaugh assaulted them after drinking heavily. All the women’s lawyers, who are active in promoting the #metoo movement, are critical of […]
‘Just the Facts, Ma’am’
Late today, Senator Majority Leader Mitch McConnell (R-KY) announced that the FBI has concluded its supplemental background investigation into allegations by several women that Supreme Court nominee Brett Kavanaugh assaulted them after drinking heavily. McConnell filed cloture on the nomination today, meaning that the cloture vote could come on Friday. If the Senate approves cloture […]
A Historic Game of Chicken
On Friday, the Senate Judiciary Committee voted to refer Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court to the full Senate along party lines, after Senate Republicans agreed to a one-week postponement of the Senate vote on the nomination to allow the FBI to conduct an investigation into the allegations against Judge Kavanaugh by Dr. Christine Blasey Ford […]
“Hello, this is the FBI. Leave a Message and We’ll Get Back to You in One Week.”
Events around the Kavanaugh nomination to the Supreme Court are happening so fast, it’s hard to keep up with them. Shortly after yesterday’s Kavanaugh Column was posted, Senate Republicans agreed to a one-week postponement of the Senate vote on the nomination. President Trump followed shortly thereafter with an announcement that he is directing the FBI to conduct […]
“Hello, Is this the FBI?… Hello? Hello?”
This afternoon, the Senate Judiciary Committee voted to refer Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court to the full Senate. As expected, the vote was 11-10 along party lines, with all Senate Republicans backing Kavanaugh and all Democrats voting against him. All eyes are now on an expected vote by the full Senate this Tuesday, […]
In the Arena
More than one participant (including Supreme Court nominee Brett Kavanaugh) described today’s hearing as a “circus.” With respect to the contestants, that is too light a term, since there was nothing amusing about it. Today’s Senate Judiciary Committee hearing could be best described as a “gladiatorial pit.” Nothing new was said by either Dr. Christine Blasey […]
The Battle Lines are Drawn
Whoever said “politics is blood sport” (attributed to 20th Century Welsh politician Aneurin Bevan) wasn’t kidding. Thursday’s fifth, and presumably final, day for the hearing on Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court is set to go, with, it seems, half the country ready to “believe the woman” and half the country believing that Judge […]
The Judge’s Prosecutor
Thursday’s special session of the confirmation hearing for Supreme Court nominee Brett Kavanaugh before the Senate Judiciary Committee is beginning to shape up. Judge Kavanaugh and his accuser, Christine Blasey Ford, will both appear before the committee, with Ford testifying first. According to a statement by the committee today, the members of the committee will not ask […]
“I’m Not Going Anywhere”
According to the New Yorker magazine, a second woman, Deborah Ramirez, now claims that Supreme Court nominee Brett Kavanaugh sexually assaulted her. Ramirez told the New Yorker that Kavanaugh exposed himself to her during a drinking party when they were both Yale freshmen. Ramirez has not made a statement to the Senate Judiciary Committee, and she admits that her […]
“Time, Gentlemen….”
There will be time, there will be time To prepare a face to meet the faces that you meet; There will be time to murder and create, And time for all the works and days of hands That lift and drop a question on your plate…. T.S. Eliot, The Love Song of J. Alfred Prufrock (1920) The time […]