Morning Docket: 01.23.19

* “Trump is screaming. He’s so mad at Rudy.” After yet another botched interview, President Trump is reportedly “furious” with Rudy Giuliani, and word on the street is that he’s being told to dump the former New York mayor before any additional damage can be done. Best of luck, because he very obviously needs it. [Vanity Fair]

* Justice will prevail… at least until the end of the month: The federal judiciary is still clinging to life amid the government shutdown, and the Administrative Office of the U.S. Courts just announced its final funding extension to continue operations through January 31. [National Law Journal]

* The Supreme Court’s conservative wind just low-key alerted the nation that big changes could be on the way by deciding to hear a Second Amendment case for the first time since 2010. Will the high court swing further to the right now that its perennial swing justice has retired? [Washington Post]

Read moreMorning Docket: 01.23.19

Non Sequiturs: 01.20.19

* Adam Feldman explores the possible effect on the Supreme Court of replacing Justice Ruth Bader Ginsburg with a staunch conservative — e.g., Judge Amy Coney Barrett. [Empirical SCOTUS] * Speaking of SCOTUS, here’s Ilya Somin’s read of the tea leaves in Knick v. Township of Scott, an important Takings Clause case.  [Volokh Conspiracy / Reason] …

Read moreNon Sequiturs: 01.20.19

Non Sequiturs: 01.13.19

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200] * According to Dayvon Love, “the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black …

Read moreNon Sequiturs: 01.13.19

Morning Docket: 01.09.19

* In case you missed President Trump’s wall speech, he stopped short of declaring a national emergency at the border (lost that bet), instead referring to the situation as a “growing humanitarian crisis” — a “manufactured” one, per Senate Minority Leader Chuck Schumer. [USA Today]

* Remember the contempt order against a state-owned foreign corporation that Chief Justice Roberts stayed in the Mueller probe? The Supreme Court restored it, and that company filed for cert under seal. Suspense! [National Law Journal]

* Speaking of the Mueller investigation, Deputy AG Rod Rosenstein, who has been overseeing the probe more or less since it began, is planning to quit his job in the coming weeks after William Barr is confirmed as the new attorney general. [ABC News]

* “I don’t want to speculate about her health, but it doesn’t seem like a good sign.” Justice Ginsburg missed oral arguments two days in a row, which has prompted much concern about her well-being. Please stay strong, RBG. We need you! [The Hill]

Read moreMorning Docket: 01.09.19

Morning Docket: 01.07.19

* Senator Ted Cruz has proposed a constitutional amendment that would set term limits for those in the Senate (two six-year terms) and House of Representatives (three two-year terms) because “[t]erm limits on members of Congress offer a solution to the brokenness we see in Washington, D.C.” [Business Insider]

* Speaking of terms, the grand jury’s 18-month term in special counsel Robert Mueller’s Russia investigation was set to expire this past weekend, but Chief Judge Beryl Howell of the D.C. District Court extended it for up to six months since the jurors’ work is “in the public interest.” [CNN]

* The federal judiciary has enough money to stay afloat until January 11, and then, per a spokesman for the U.S. courts, “[i]t’s really a judge-by-judge, court-by-court determination” when the courts start operating under the Antideficiency Act “to support the exercise of Article III judicial power.” [Fortune]

Read moreMorning Docket: 01.07.19

Morning Docket: 01.02.19

* Out of the mouths of babes federal judges: “Those conclusions – that the president’s statements on national security are not always to be taken literally or to be trusted – are legal victories for his Justice Department….” Did you think you’d ever see a something like this written about the U.S. president? That’s our Trump! [USA Today]

* A good New Year’s resolution for the federal judiciary? Chief Justice John Roberts says that while progress has been made when it comes to protecting law clerks from sexual harassment, “[t]he job is not finished until we have done all that we can to ensure that all of our employees are treated with fairness, dignity, and respect.” [Washington Post]

* The American Federation of Government Employees, a labor union for federal employees, has filed suit against the government, claiming that requiring essential employees to work without pay during the shutdown — an “inhumane” practice for people who don’t know when their next paycheck is coming — violates the Fair Labor Standards Act. [CNN]

Read moreMorning Docket: 01.02.19