Morning Docket: 02.08.19

* Earlier this week, Justice Samuel Alito blocked a Louisiana abortion law, and now a divided Supreme Court has done the same, with Chief Justice John Roberts joining with the Court’s liberals to protect women’s right to choose without undue burdens. Justice Brett Kavanaugh penned the dissent — so much for “precedent on precedent.” [USA Today]

* After some back and forth over the threat of a subpoena, Acting Attorney General Matt Whitaker has agreed to testify publicly on the Mueller probe before the House Judiciary Committee bright and early tomorrow morning. [Washington Post]

* “There’s no doubt that the talent wars in tax have definitely heated up.” As it turns out, the Tax Cuts and Jobs Act is really living up to its name in that it’s creating a lot of new jobs — for tax lawyers and accountants, that is. [Wall Street Journal]

Read moreMorning Docket: 02.08.19

Non Sequiturs: 01.27.19

* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, “Why are Democrats fighting the judicial nomination of a qualified gay minority?” Good question! [The Federalist] * Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it’s the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being …

Read moreNon Sequiturs: 01.27.19

Non Sequiturs: 01.06.19

* It’s baaack: partisan gerrymandering returns to the Supreme Court — and in the view of veteran SCOTUS watcher Amy Howe, it’s unlikely that the justices will duck the merits this time around. [SCOTUSblog] * Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of …

Read moreNon Sequiturs: 01.06.19

Morning Docket: 11.16.18

* After delaying the decision, Judge Tim Kelly will be releasing his ruling in CNN’s First Amendment case at 10 a.m. Is it lawful to revoke a reporter’s press pass after an argument with the president? We’ll soon find out. [USA Today]

* “[W]e’re not going to leave any judges behind over these next two months.” According to Senator Tom Cotton, the Senate is apparently planning to work through Christmas and New Year’s Eve to confirm all of President Trump’s judicial nominees in an effort to head off any obstruction by the Democrats. [Washington Times]

* “I’m not trying to be rude. I can see your résumé. You’re a rock star.” Despite her strong résumé, Allison Jones Rushing, the 36-year-old Fourth Circuit nominee, was repeatedly questioned by the Judiciary Committee about her “life experience” — or lack thereof, since she graduated from law school 11 years ago. [National Law Journal]

Read moreMorning Docket: 11.16.18

Non-Sequiturs: 10.21.18

* Orin Kerr offers his thoughts on the Allison Jones Rushing controversy (aka how young is too young to be a federal judge). [Reason / Volokh Conspiracy] * If President Trump and Senate Republicans are packing the courts with conservatives, then it’s time for Democrats to pack back, according to Michael Klarman. [Take Care] * …

Read moreNon-Sequiturs: 10.21.18

Non-Sequiturs: 10.14.18

* Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh’s brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS] * And Joel Cohen looks at how Justice Kavanaugh’s confirmation fight might affect his judging of the accused. [Law and Crime] * Meanwhile, David Oscar Markus argues that criminal defendants in federal …

Read moreNon-Sequiturs: 10.14.18