Clarence Thomas Clerks Dominate Trump’s Judicial Appointments

by Kevin Daley   One credential in particular has been a boon to candidates President Donald Trump considers for judicial appointments: a clerkship with Justice Clarence Thomas. As of this writing, the president has appointed seven Thomas clerks to the federal appeals courts, while an eighth is expected in the…

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Kavanaugh Warns Of ‘Pure Discrimination’ as Supreme Court Denies Church Bid for Historic Preservation Grant

by Kevin Daley   The Supreme Court refused Monday to decide whether religious institutions may be disqualified from public historic preservation funding, after a New Jersey court forbade local officials from dispersing $4 million to 12 churches. Justice Brett Kavanaugh wrote a separate opinion addressing the dispute, calling the lower court’s decision “pure…

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Supreme Court Expedites Citizenship Question in Census Case

Supreme Court of the United States

by Fred Lucas   The Supreme Court will settle the question on whether the question of citizenship can be included in the 2020 census, bypassing an appeals court hearing. The high court announced Friday it will hear arguments in April, with a likely decision by June. Commerce Secretary Wilbur Ross…

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Anthony Kennedy Says Loss Of Decency Is a Threat to Democracy

Kennedy

by Kevin Daley   Retired Supreme Court Justice Anthony Kennedy warned university students that democracy is endangered by the decline of free and open civic debate. “We have a social framework of decency that we’re very quickly losing,” Kennedy said, according to the San Francisco Chronicle, which was on hand during…

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Biography Reveals New Details Of Roberts’ Obamacare Vote

by Kevin Daley   A forthcoming biography of Chief Justice John Roberts contains the first account of the Supreme Court’s internal politicking over the 2012 NFIB v. Sebelius decision, in which Roberts joined with the Court’s four liberals to uphold the Affordable Care Act’s individual mandate. A review of the much…

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A Little-Noticed Opinion Portends Big Changes for Religious Liberty at the Supreme Court

by Kevin Daley   The Supreme Court’s conservative bloc released a short, little-noticed statement on Jan. 22 that portends far-reaching changes for religious liberty. The statement — which Justice Samuel Alito authored and Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh joined — criticized the 1990 Employment Division v. Smith decision, a landmark…

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Ruth Bader Ginsburg to Miss Arguments Following Lung Cancer Procedure

by Kevin Daley   Supreme Court Justice Ruth Bader Ginsburg missed oral arguments Monday as she recuperates from cancer surgery. It’s not clear when the 85-year-old justice will return to work, though the Supreme Court’s public information office said she will continue to participate in official business from her home…

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Justice Ginsburg Has Surgery to Remove Cancerous Growths

Justice Ruth Bader Ginsburg had surgery Friday to remove two malignant growths in her left lung, the Supreme Court said. It is the 85-year-old Ginsburg’s third bout with cancer since joining the court in 1993. Doctors at Memorial Sloan Kettering Cancer Center in New York found “no evidence of any…

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Mueller and Manafort Have a Lot Riding on a Supreme Court Double Jeopardy Case

by Kevin Daley   The Supreme Court appeared skeptical Thursday of overturning an exception to the Constitution’s double jeopardy prohibition, which allows state and federal prosecutors to bring successive prosecutions for the same offense. The case is carefully followed in Washington because of its potential ramifications for special counsel Robert Mueller’s…

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Brett Kavanaugh Keeping a Low Profile in His First Months as a Justice

by Kevin Daley   Justice Brett Kavanaugh seems to be keeping a low profile in his first months on the U.S. Supreme Court after his bitter confirmation inflamed much of the public and recast the 2018 elections. The new justice’s approach to his first months on the high court is…

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