MCCONNELL SEES RED OVER BLUE SLIPS | Greenhouse On A SCOTUS Dream | Justices Know What They Like, Lawyers Give It To Them
September 14, 2017
STOP BEING SO JUDGY
|In an interview with The New York Times, SENATOR MITCH MCCONNELL said he’s ready to get rid of individual senators’ power to block nominees to the appeals courts from being considered. He said, “My personal view is that the blue slip, with regard to circuit court appointments, ought to simply be a notification of how you’re going to vote, not the opportunity to blackball.” Tension over the blue slip has been rising and stands as the latest clash over lifetime judicial appointments — a critical part of any administration because long after an individual president is gone, judges placed on the bench are still ruling in major federal cases.
IT AIN'T OVER TIL IT'S OVER
|Matt Zapotosky with The Washington Post explains what could happen after the Trump administration’s travel ban expires in less than two weeks. He writes, “The White House has several options — including extending the current ban, modifying it or letting it lapse. The matter now sits in the hands of the Department of Homeland Security, which has been tasked with assessing the type of information that other countries provide so American officials can vet travelers wanting to come to the United States.”
I DREAMED A DREAM
|“Before there were the Dreamers, there were undocumented children occupying seats in the public school classrooms of America. And before there was KRIS KOBACH, or JEFF SESSIONS, or DONALD TRUMP, or other exploiters of the nativist strain that runs just below the surface of the national psyche, there was Texas.” That’s Linda Greenhouse with The New York Times writing about a Supreme Court dream that might be dying.
SCOTUS BY NUMBERS
|Kimberly Robinson with Bloomberg BNA dives into the most vital statistics for SCOTUS watchers who want an inside-baseball look at the high court’s upcoming cases. Swing away, nerds.
THAT'S WHAT I LIKE, THAT'S WHAT I LIKE
|During a September 8 conversation at the University of Wisconsin Law School, JUSTICE ELENA KAGAN told students that although arguing before the Supreme Court is “pretty much a nightmare” for most lawyers, the “repeat players” know what the justices like and give it to them every time. Marcia Coyle with The National Law Journal reports.
SCOTUS VIEWS
Bakers Can Be Artists, But They Still Can't Discriminate
Bloomberg“So the court should resist the temptation to decide in favor of the cake baker on the basis of artistry. Otherwise, anti-discrimination law will be powerfully undermined, not just for gay people but for anyone potentially subject to invidious bias. The message to artists should be clear: Make whatever art you want, but don’t use discrimination to turn away customers or clients.”
The Racist Map Wins
Slate“Tuesday, in short, was a terrible day for voting rights, for genuinely contested elections, and for basic democratic principles. The Supreme Court’s conservatives have cast serious doubt on the judiciary’s capacity to alleviate gerrymanders—including race-based redistricting—that turn general elections into a joke.”