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28 Jun 2018, 9:17 am by Randy Barnett
But if they are measuring something that is real--and they may not--this voting pattern hints that The Court may not be pulled as sharply to the right--however you determine this--by the appointment of another Justice Gorsuch as some critics will allege. [read post]
28 Jun 2018, 9:04 am by Eric Citron
If the president follows through on his promise to appoint justices willing to take that step, that long-imagined outcome for conservatives will have a serious chance of becoming a reality. [read post]
28 Jun 2018, 6:00 am by DONALD SCARINCI
“In this case, that official cannot be Judge Elliot, even if he has by now received a constitutional appointment,” Justice Kagan wrote. [read post]
28 Jun 2018, 5:32 am by Michael Dorf
From his appointment through Justice Sandra Day O’Connor’s retirement in 2005, he was one of two “median justices,” and since 2005 he was the only median justice. [read post]
28 Jun 2018, 4:19 am by SHG
The primary cause of the Apocalypse is that Darth Cheeto will get to appoint Kennedy’s replacement, but the secondary cause awaits the nomination itself. [read post]
27 Jun 2018, 9:30 pm by Dan Ernst
Aditya Bamzai, University of Virginia School of Law, who recently “provoked some good and hard thinking on all sides” on the Supreme Court (according to Justice Kagan), is provoking some more by posting The Attorney General and Early Appointments Clause Practice, which appears in the Notre Dame Law Review 93 (2018): 1501-1516:Amos T. [read post]
27 Jun 2018, 8:30 pm by Ilya Somin
Here's an excerpt from my contribution: Justice Anthony Kennedy leaves behind a mixed legacy. [read post]
27 Jun 2018, 6:58 pm by Alice O'Brien
As Justice Anthony Kennedy, joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito, wrote in 2006 in Garcetti v. [read post]
27 Jun 2018, 3:56 pm by Robert Liles
  In cases involving possible criminal conduct, the OCR works with the Department of Justice (DOJ).The HIPAA Omnibus Rule has changed the enforcement provisions.[2] Previously, the agency had discretion in choosing whether to investigate complaints or potential violation in cases where the Agency’s preliminary review reveals a possible violation due to willful neglect. [read post]
27 Jun 2018, 3:44 pm by Sabrina I. Pacifici
” See also Free Law Project’s Judge and Appointer Database: “For the benefit of researchers and practitioners, we are proud to host a comprehensive database of judges and the judiciary. [read post]
27 Jun 2018, 2:33 pm by Amy Howe
During his 2016 presidential campaign, then-candidate Donald Trump declared that he would appoint “pro-life” justices. [read post]
27 Jun 2018, 1:55 pm by Jaclyn Belczyk
Kennedy was considered a “swing” vote on the court, and there is speculation that Trump will seek to appoint a more conservative justice to fill his seat. [read post]
27 Jun 2018, 1:43 pm
The Recorder reports that "Brown has filled 123 trial court vacancies and nominated 11 appellate justices over the last seven months. [read post]
27 Jun 2018, 1:08 pm by Toby Heytens
Today, however, the Supreme Court is back to nine justices. [read post]
27 Jun 2018, 12:17 pm
Snauffer, 64, of Fresno, has been appointed associate justice of the Fifth District Court of Appeal. [read post]
27 Jun 2018, 11:49 am by Lyle Denniston
  Democrats are still smarting from the fact that the Republican majority, led by Kentucky Senator Mitch McConnell, held a Supreme Court vacancy open for more than a year, thus depriving President Obama from making an appointment to the Court following the death of Justice Antonin Scalia. [read post]
27 Jun 2018, 11:43 am by Scott Bomboy
This is required under the Constitution’s “Appointments Clause” in Article II, Section 2, Clause 2, which reads that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the supreme Court. [read post]