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TBA Law Blog

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Gorsuch Forgoes SCOTUS Law Clerk Pool

Posted by: Katharine Heriges on May 2, 2017
News Type: U.S. Supreme Court
One month into his service on the U.S. Supreme Court, Justice Neil Gorsuch has decided not to join the labor pool in which justices share their law clerks, the New York Times reports. The only other member of the court who is not part of the arrangement is Justice Samuel Alito. The pool is designed to streamline decisions about which cases to hear, but has been criticized for giving too much power to law clerks and for contributing to the court’s shrinking docket.

SCOTUS Overturns $2.7 million Sanction for Discovery Misconduct

Posted by: Katharine Heriges on Apr 18, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court overturned a $2.7 million sanction for discovery misconduct today, finding that a district court was mistaken for including legal fees beyond those resulting from the misconduct, the ABA Journal reports. The sanction was imposed against Goodyear Tire and Rubber and two lawyers representing the company for failure to disclose tire test results during discovery in a lawsuit. Justice Elana Kagan, who wrote the unanimous opinion, said that the district court has to follow a “but-for causation standard” when determining a sanction.

Gorsuch Sworn In as Supreme Court Justice

Posted by: Katharine Heriges on Apr 10, 2017
News Type: U.S. Supreme Court
Neil Gorsuch was sworn in today as the newest justice of the U.S. Supreme Court, NBC News reports. Justice Anthony Kennedy, who Gorsuch once clerked for, administered the judicial oath. In another ceremony, Gorsuch took an oath administered by Chief Justice John Roberts, with the late Justice Antonin Scalia’s family in attendance. 

Senate Republicans Kill Filibuster to Pave Way for Gorsuch

Posted by: Katharine Heriges on Apr 6, 2017
News Type: U.S. Supreme Court

Senate Republicans deployed the “nuclear option” today, permanently changing rules to bypass a Democratic filibuster and clear the way for U.S. Supreme Court nominee Neil Gorsuch to be confirmed by a simple majority vote, the New York Times reports. Republicans needed 60 votes to confirm Gorsuch without changing the rules, but could only secure 55, leading to the rule change. Knoxnews confirms that Tennessee Senators Lamar Alexander and Bob Corker voted in support of the change.

U.S. Supreme Court Hears Case of Tennessee Immigrant

Posted by: Katharine Heriges on Apr 3, 2017
News Type: U.S. Supreme Court
The case of a Memphis restauranteur who faces deportation after pleading guilty to a drug charge was heard before the U.S. Supreme Court last week, the Washington Post reports. Jae Lee’s lawyer told him there was no way he’d be deported if he took a plea deal, but he was wrong. The court will decide whether Lee should be given a second chance in court due to bad lawyering. Lee is a legal resident who has lived most of his life in the United States. "This case answers what kind of prejudice you have to show in order to get relief from the mistakes made by your trial lawyer," said one of Lee's lawyers, Patrick McNally of Nashville.

Democrats Have Votes to Filibuster Gorsuch

Posted by: Katharine Heriges on Apr 3, 2017
News Type: U.S. Supreme Court
Democrats in the U.S. Senate secured enough votes today to block U.S. Supreme Court nominee Neil Gorsuch, setting the stage for Republicans to enact the “nuclear option” and change the rules regarding the filibuster, the Washington Post reports. Four Democrats joined the effort to block Gorsuch today. That followed Gorsuch’s confirmation hearings, which Sen. Patrick Leahy (D-Vt.) characterized as “excruciatingly evasive.” Republicans could confirm Gorsuch by voting to eliminating the filibuster for Supreme Court nominees.

GOP Could Consider Alternative Strategies to Confirm Gorsuch

Posted by: Katharine Heriges on Mar 30, 2017
News Type: U.S. Supreme Court
Other than taking the “nuclear option” — which would change the rules regarding filibusters — Senate Republicans have other options to confirm U.S. Supreme Court nominee Neil Gorsuch, the ABA Journal reports. One option is the “two-speech rule,” in which senators could only give two speeches in a legislative day, and if the Senate doesn’t adjourn for the night, one “legislative day” could go on for weeks. It would limit each Democrat to two speeches and after they are finished, only a simple majority vote would be needed for confirmation. The second option is a recess appointment, in which the president could put Gorsuch on the bench during a recess, but the appointment would only last until the next session of Congress, which would end in late 2018 or 2019.

SCOTUS Strikes Down Texas Death Penalty Mental Standards

Posted by: Katharine Heriges on Mar 28, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court struck down Texas state standards used to determine whether someone is mentally fit to receive the death penalty, the ABA Journal Reports. Justice Ruth Bader Ginsburg wrote the 5-3 majority decision, saying that “adjudications of intellectual disability should be informed by the views of medical experts,” while in the case in question, the Texas Court of Criminal Appeals relied on seven evidentiary factors that did not cite “any authority, medical or judicial.” 

Schumer: Democrats to Filibuster Gorsuch Nomination

Posted by: Katharine Heriges on Mar 23, 2017
News Type: U.S. Supreme Court
Senate Minority Leader Chuck Schumer (D-N.Y.) said today that he would vote against Supreme Court nominee Neil Gorsuch’s confirmation, and said the Democrats would filibuster the proceedings, the Washington Post reports. Schumer said Gorsuch was “unable to sufficiently convince me that he’d be an independent check” on President Donald Trump.

Gorsuch Faces First Day of Confirmation Hearings

Posted by: Katharine Heriges on Mar 20, 2017
News Type: U.S. Supreme Court
Hearings to confirm U.S. Supreme Court nominee Neil Gorsuch began in Washington today, the ABA Journal reports. Up for discussion was Gorsuch’s questioning of Chevron deference, as well as Gorsuch’s views on the separation of powers. Many Democrats applauded Gorsuch’s qualifications, while voicing their discontent of the Senate’s refusal last year to allow Judge Merrick Garland a similar hearing. When Gorsuch himself gave his statement, he noted that he does not believe that judges are merely “politicians in robes.”
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