Federal Judiciary Posts

Divided Senate Confirms Kavanaugh to US Supreme Court

Senate Confirms Kavanaugh’s Supreme Court Nomination: (“The Senate voted to confirm Judge Brett M. Kavanaugh as the Supreme Court’s 114th justice on Saturday by one of the narrowest margins in the institution’s history, as police stood guard and protesters’ shouts of ‘shame, shame’ echoed through the Senate chamber. * * * The 50-to-48 vote capped off a brutal confirmation fight that underscored how deeply polarized the nation has become under President Trump, who has now successfully placed two justices on the nation’s highest court, cementing a conservative majority.”)

Judicial Bias in the Manafort Trial

The Extraordinary Bias of the Judge in the Manafort Trial: (“It is not unusual for judges to intervene in court proceedings from time to time — to direct the lawyers to move the case along or to admonish them that evidence is repetitive. The judge’s role is to act not as a “mere moderator,” as the Supreme Court noted in Herron v. Southern Pacific in 1931, but as the “governor of the trial” responsible for ensuring the proper conduct of all participants. * * * The performance of U.S. District Court Judge T.S. Ellis III in the trial of Paul Manafort on bank fraud and tax evasion charges has been decidedly unusual.”)

GOP Reshaping the Federal Judiciary

With Little Fanfare, Trump and McConnell Reshape the Nation’s Circuit Courts: (“As the Senate moves toward confirming Supreme Court nominee Brett M. Kavanaugh, President Trump and Senate Majority Leader Mitch McConnell are leading a lower-key yet deeply consequential charge to remake the entire federal judiciary. * * * The Senate already has installed 24 appellate judges since Trump was sworn in, the highest number for a president’s first two years in office. * * * While much of the focus has been on Kavanaugh and Justice Neil M. Gorsuch, the Senate’s rapid approval of appellate judges is likely to have its own broad impact on the nation, as the 13 circuit courts will shape decisions on immigration, voting rights, abortion and the environment for generations.”)

Rumors of Moderate Justice Anthony Kennedy’s Retirement

Will Anthony Kennedy Retire?  What Influences a Judge’s Decision: (“Supreme Court justices say they do not act politically when they decide cases. But they freely admit to taking account of politics in deciding when to retire. Most justices, for instance, try to step down under politically like-minded presidents.”)

Trump’s Rapid Re-shaping of the Judiciary

Trump is Rapidly Reshaping the Judiciary. Here’s how: (“In the weeks before Donald J. Trump took office, lawyers  joining his administration gathered at a law firm near the Capitol, where Donald F. McGahn II, the soon-to-be White House counsel, filled a white board with a secret battle plan to fill the federal appeals courts with young and deeply conservative judges.”)

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