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Wednesday round-up

At NPR, Nina Totenberg reports that “[a] specially appointed federal panel of judges has dismissed all 83 ethics complaints brought against Justice Brett Kavanaugh regarding his conduct at his confirmation hearings,” “conclud[ing] that while the complaints ‘are serious,’ there is no existing authority that allows lower court judges to investigate or discipline Supreme Court justices.” […]
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December 19, 2018/by Edith Roberts

Academic highlight: Epps and Sitaraman on how to save the Supreme Court

The Supreme Court faces a crisis of legitimacy. The process of selecting new justices has become both contentious and overtly partisan, as illustrated by the Republican-controlled Senate’s refusal to hold hearings or a vote for President Barack Obama’s Supreme Court nominee, followed by the fractious hearings and party-line vote to replace “swing” Justice Anthony Kennedy […]
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December 18, 2018/by Amanda Frost

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, when an “offer[] to sell” occurs under the Patent Act, the constitutionality of a court-martial of a retired military service member, and the correct legal standard for determining whether a lien is a “statutory lien” under the Bankruptcy Code. The petitions of the week […]
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December 18, 2018/by Aurora Barnes

Tuesday round-up

Briefly: At Bloomberg Law, Jordan Rubin reports that “[p]rosecuting federal hate-crime charges after events such as mass shootings could get trickier if the U.S. Supreme Court rules for the defendant in a case getting more notice for its potential impact on President Donald Trump’s pardon power,” Gamble v. United States, which asks whether the Supreme […]
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December 18, 2018/by Edith Roberts

Can Credit Card Companies Fight a Discharge?

Credit card debt is a major reason why people file for bankruptcy in Minnesota. Credit card debt can get out of control for many different reasons, some of which are beyond your control. If a household member loses a job or suffers a seriou...
December 18, 2018/by William Kain

Immigration groups and Republican officials urge justices to deny stay in asylum case

Last week the Trump administration asked the Supreme Court to block a ruling by a federal judge in San Francisco in a challenge to a new U.S. policy on asylum, announced last month as thousands of migrants moved from Central America towards the U.S. border. The rule would prohibit immigrants who enter the United States […]
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December 17, 2018/by Amy Howe

Ask the author: Meet Justice Edward Sanford

The following is a series of questions prompted by Stephanie Slater’s “Edward Terry Sanford: A Tennessean on the U.S. Supreme Court” (University of Tennessee Press, 2018). This is the first biography of a justice whose contributions to the Supreme Court in the 1920s were overshadowed in life by those of his more famous colleagues, including […]
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December 17, 2018/by Andrew Hamm

OT2018 #12: “Inconceivable!”

It’s an off week for the Supreme Court, so we’ve got another great ensemble cast to take a deep dive into issues that regularly come up on the show. Kate Shaw of Cardozo Law guest hosts with Leah Litman. Anne Joseph O’Connell joins us to discuss the appointment of Acting Attorney General Matthew Whitaker, and Richard Primus gives us the lowdown […]
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December 17, 2018/by First Mondays

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