Category Archives: OT 2014

This Day in Supreme Court History—November 30, 1804

On this day in 1804, the United States Senate created a committee tasked with preparing rules to govern the first impeachment trial of a Supreme Court justice. The previous March, the House of Representatives had voted to impeach Justice Samuel Chase. Chase had been appointed to the Court by George Washington in 1796 and had … Continue reading This Day in Supreme Court History—November 30, 1804

This Day in Supreme Court History—August 8, 1793

On this day in 1793, the Supreme Court sent a letter to President George Washington denying his request for the Court’s opinion regarding certain legal issues pertaining to the nation’s relations with France. This letter set a critical precedent for the newly created Court, which the justices have never abandoned: the Court will only issue opinions in … Continue reading This Day in Supreme Court History—August 8, 1793

This Day in Supreme Court History—April 12, 1937

On this day in 1937, the Supreme Court handed down NLRB v. Jones & Laughlin Steel, a cornerstone of what became known as the “Constitutional Revolution of 1937.” In National Labor Relations Board v. Jones & Laughlin Steel Corporation, ten former workers of Jones & Laughlin Steel brought a suit against the company, asserting that … Continue reading This Day in Supreme Court History—April 12, 1937

Should Democrats Filibuster the Gorsuch Nomination? Pro & Con

Here are the arguments for why Senate Democrats should filibuster: Garland. They need to protest what Republicans did to Judge Garland’s nomination last year. Democrats need to take extraordinary action to make it clear the extreme wrong of the Republican refusal to hold hearings. Gorsuch. Judge Gorsuch will be such a conservative justice that Democrats … Continue reading Should Democrats Filibuster the Gorsuch Nomination? Pro & Con

This Day in Supreme Court History—April 3, 1962

On this day in 1962, Engel v. Vitale, a seminal religious liberty case, was argued at the Supreme Court. In 1951, the Board of Regents for the State of New York authorized a prayer for recitation at the start of each school day. The prayer read: “Almighty God, we acknowledge our dependence upon Thee, and beg Thy … Continue reading This Day in Supreme Court History—April 3, 1962

Why the Democrats Lost the Gorsuch Hearings

Judge Neil Gorsuch is headed toward Senate confirmation. Ever since the President made the nomination, it has been hard to imagine another outcome. Short of some scandalous skeletons emerging from Judge Gorsuch’s closet—a closet that, by all accounts, appears safely devoid of anything of much interest—this is a loss Democrats expected. The Republicans have the … Continue reading Why the Democrats Lost the Gorsuch Hearings

This Day in Supreme Court History—March 27, 2013

On this day in 2013, the Supreme Court heard oral arguments in United States v. Windsor, a landmark case in the evolution of marriage equality rights. Windsor was a challenge to a provision of the federal Defense of Marriage Act (DOMA) of 1996. The provision at issue stated that under federal law, “marriage” and “spouse” … Continue reading This Day in Supreme Court History—March 27, 2013

The Gorsuch Report—Confirmation Hearings (Halftime Report)

It was a long day for Supreme Court nominee Neil Gorsuch. For over eleven hours yesterday, the 10th Circuit judge answered questions from the Senate Judiciary Committee. Each senator had thirty minutes to question Judge Gorsuch (or, as was often the case, to deliver monologues with question marks at the end). The second day of … Continue reading The Gorsuch Report—Confirmation Hearings (Halftime Report)

The Gorsuch Report—Confirmation Hearings Day 1

It’s finally here. Today, the Senate Judiciary Committee begins its confirmation hearing for Judge Neil Gorsuch to become the next associate justice of the Supreme Court. Judge Gorsuch has been busy during the seven weeks since President Trump nominated him. He has met with 72 senators. He has been studying, going over his own opinions … Continue reading The Gorsuch Report—Confirmation Hearings Day 1