WHITE HOUSE ASKS FOR TRAVEL BAN TO TAKE FULL EFFECT | Pray For Same-Day Audio
November 21, 2017
TODAY IN HISTORY
|On this day in 1969, the Senate voted down the Supreme Court nomination of CLEMENT F. HAYNSWORTH, 55-45, the first such rejection since 1930.
PRETTY PLEASE WITH A CHERRY ON TOP
|Yesterday, the White House asked SCOTUS to allow the president’s latest travel ban to take full effect after an appeals court in California ruled last week that only parts of it could be enacted. The administration’s appeal to the top U.S. court argued that the latest travel ban differed from the previous orders “both in process and in substance” and that the differences showed it “is based on national-security and foreign-affairs objectives, not religious animus.”
TOP-ED
|“The Trump administration last week refreshed its list of potential nominees to the Supreme Court, just in time for remarks by White House counsel DON MCGAHN to a lawyer’s convention of the Federalist Society. There is no vacancy on the court. The oldest justice, 84-year-old RUTH BADER GINSBURG, who famously (and injudiciously) called Trump a “faker” last year, shows no signs of retiring. It’s possible that JUSTICE ANTHONY M. KENNEDY, 81, also will stick around for a while. So that makes the addition of five names to a previously published list look like a publicity stunt. But is it sinister or unethical? Not really.” That’s Michael McGough in the Los Angeles Times weighing in on how PRESIDENT TRUMP has gone about providing a shortlist of Supreme Court nominees and whether or not it really deserves all the hubbub.
ED BOARD OVERTURE
|The Editorial Board of The New York Times considers whether at long last our nation’s youngest inmates will finally get some justice from the Supreme Court. Tuesday, the justices will meet to consider whether to hear two separate cases asking them to ban life-without-parole sentences for juveniles. NYT notes that more and more the high court has moved in “the right direction” on this issue, growing increasingly protective of juveniles in our justice system. And now, SCOTUS has a chance to end them for good. “For the sake of the hundreds of juveniles in those states, many of whom have spent decades rehabilitating themselves, and to reaffirm the court’s role as the ultimate arbiter of the Constitution, the justices should ban these sentences for good.”
TWEET DU JOUR
|From @jpscasteras — “.@ishapiro & I are on different sides of #MasterpieceCakeshop. But we’re on the same page when it comes to #SCOTUS releasing same-day audio.” ILYA SHAPIRO of the Cato Institute and JOHN PAUL SCHNAPPER-CASTERAS with the NAACP Legal Defense Fund submitted a joint request for the Supreme Court to provide same-day audio in the upcoming cake case.
HAPPY THANKSGIVING
|SCOTUSDaily wishes you and your families a happy holiday! We will be back in your inboxes Monday with all things SCOTUS. Until then, enjoy your time at home with friends and fam, and maybe even discuss the Supreme Court term while you break bread. As you know, we have a blockbuster year of decisions ahead — and that’s something to be seriously thankful for. Cheers!