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Trump has 2 or 3 more candidates to interview for court
Topics | 2018/07/03 07:11
President Donald Trump has interviewed four prospective Supreme Court justices and plans to meet with a few more as his White House aggressively mobilizes to select a replacement for retiring Justice Anthony Kennedy.

Eager to build suspense, Trump wouldn't divulge whom he's talking to in advance of his big announcement, set for July 9. But he promised that "they are outstanding people. They are really incredible people in so many different ways, academically and in every other way. I had a very, very interesting morning."

Spokeswoman Sarah Huckabee Sanders said Trump met with four people for 45 minutes each Monday and will continue meetings through the rest of the week. She said Tuesday he has "two or three more that he'll interview this week and then make a decision."

The interviews were with federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett, said a person with knowledge of the meetings who was not authorized to speak publicly about them. The Washington Post first reported the identities of the candidates Trump spoke with.

The president spent the weekend at his Bedminster golf club, consulting with advisers, including White House counsel Don McGahn, as he considers his options to fill the vacancy with a justice who has the potential to be part of precedent-shattering court decisions on abortion, health care, gay marriage and other issues.

McGahn will lead the overall selection and confirmation process, the White House said Monday, repeating the role he played in the successful confirmation of Justice Neil Gorsuch last year.

McGahn will be supported by a White House team that includes spokesman Raj Shah, taking a leave from the press office to work full time on "communications, strategy and messaging coordination with Capitol Hill allies." Justin Clark, director of the Office of Public Liaison, will oversee White House coordination with outside groups.

Trump's push came as the Senate's top Democrat tried to rally public opposition to any Supreme Court pick who would oppose abortion rights. Senate Minority Leader Chuck Schumer issued a campaign-season call to action for voters to prevent such a nominee by putting "pressure on the Senate," which confirms judicial nominees.

With Trump committed to picking from a list of 25 potential nominees that he compiled with guidance from conservatives, Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said.

Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list.

"It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate."

Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins, who appeared on ABC's "This Week" and CNN's "State of the Union," said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives.


McConnell touts Thapar for Supreme Court seat
Court Watch | 2018/07/03 00:10
Senate Majority Leader Mitch McConnell said Saturday he has touted fellow Kentuckian Amul Thapar to fill a looming vacancy on the Supreme Court, but acknowledged he has "no idea" who President Donald Trump will choose.

McConnell told reporters he has encouraged Trump to consider Thapar, and said he hopes the federal appeals court judge is "in the final group" as the president looks for a successor to retiring Justice Anthony Kennedy.

Thapar is a former U.S. District Court judge in Kentucky. He has already been nominated once by Trump, for his current seat on the 6th U.S. Circuit Court of Appeals. McConnell has been a longtime supporter of Thapar, stretching back to the judge's tenure as a federal prosecutor.

"I think he's absolutely brilliant, with the right temperament," McConnell said of Thapar. "But others have their favorites. And I have no idea who the president may choose."

Trump has said he will announce his choice on July 9. The president has promised to draw the next justice from a list of 25 prospective candidates that was first established during the 2016 presidential campaign and updated last fall, with advice from conservatives. Thapar's name has come up among possible nominees being eyed.

In a speech Saturday to a GOP gathering in Louisville, McConnell said the goal is to have a new justice in place in time for the start of the Supreme Court's next term in October. As majority leader, McConnell sets the schedule in the narrowly divided Senate.

"There's not any doubt in my mind that we'll be able to get this new nominee confirmed, and I'm confident the president is going to send up an all-star, somebody of very high quality," McConnell told reporters later.

McConnell predicted the nominee will be similar to Trump's first Supreme Court selection, Neil Gorsuch, in terms of background and philosophy on the judiciary's role.


For new Supreme Court justice, a host of big issues awaits
Legal Network | 2018/07/01 18:10
Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them.

Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned.

But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court.

The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term.

Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question.

The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.



Supreme Court upholds Trump administration travel ban
Legal Network | 2018/07/01 00:09
The Supreme Court on Tuesday upheld President Donald Trump’s ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. The 5-4 decision Tuesday is the court’s first substantive ruling on a Trump administration policy. Chief Justice John Roberts wrote the majority opinion, joined by his four conservative colleagues. Roberts wrote that presidents have substantial power to regulate immigration. He also rejected the challengers’ claim of anti-Muslim bias.

But he was careful not to endorse either Trump’s provocative statements about immigration in general and Muslims in particular. “We express no view on the soundness of the policy,” Roberts wrote. The travel ban has been fully in place since the court declined to block it in December. The justices allowed the policy to take full effect even as the court fight continued and lower courts had ruled it out of bounds.

Justice Sonia Sotomayor wrote in a dissent that based on the evidence in the case “a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus.” She said her colleagues arrived at the opposite result by “ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens.”

Justices Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan also dissented. The policy applies to travelers from five countries with overwhelmingly Muslim populations — Iran, Libya, Somalia, Syria and Yemen. It also affects two non-Muslim countries: blocking travelers from North Korea and some Venezuelan government officials and their families. A sixth majority Muslim country, Chad, was removed from the list in April after improving “its identity-management and information sharing practices,” Trump said in a proclamation.

The administration had pointed to the Chad decision to show that the restrictions are premised only on national security concerns. The challengers, though, argued that the court could just ignore all that has happened, beginning with Trump’s campaign tweets to prevent the entry of Muslims into the United States.

Just a week after he took office in January 2017, Trump announced his first travel ban aimed at seven countries. That triggered chaos and protests across the U.S. as travelers were stopped from boarding international flights and detained at airports for hours. Trump tweaked the order after the 9th U.S. Circuit Court of Appeals in San Francisco refused to reinstate the ban.


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