Tag: Kavanaugh, Brett M

Thank the Supreme Court, for Now

A new original case on the court’s docket is not likely to remain obscure for long. It promises, if the court accepts it, to bring the justices into culture-war territory. Last February, Texas sued California directly in the Supreme Court over a law California passed in 2016 that prohibits state-paid travel to states with laws […]

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Justice Amy Coney Barrett’s Choice

Since the two justices were neither voting to grant the appeal nor dissenting from its denial, their opinion was entirely gratuitous. They simply used the case as a platform to reiterate warnings about the threat to religion from official recognition of same-sex marriage. Justice Barrett was not yet confirmed when Justices Thomas and Alito issued […]

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The Supreme Court Was Right to Block Cuomo’s Religious Restrictions

Likewise, the justices in the majority seemed to have little sympathy for a general rebellion against all Covid-19 mandates. Justice Brett Kavanaugh, a Trump appointee, specifically noted that he did not “doubt the state’s authority to impose tailored restrictions — even very strict restrictions — on attendance at religious services and secular gatherings alike.” During […]

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2020 Shows That the Electoral College Is Stupid and Immoral

Last year I wrote that the Electoral College, an archaic and outmoded system that runs contrary to our democratic principles and intuitions, was the “greatest threat to our democracy.” Somehow, this was an understatement. As recently as Wednesday, according to a report by my colleague Maggie Haberman, President Trump was pressing his aides on whether […]

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The Supreme Court Is Now 6-3. What Does That Mean?

We may not yet know who won the presidential election, but everyone knows that the Supreme Court now has a conservative 6-to-3 majority. And that the Senate’s Republican majority’s hardball tactics, driven by blatant cynicism, achieved that result during an amazingly compressed period of not even six weeks — from Justice Ruth Bader Ginsburg’s death […]

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Has the Court Learned Nothing From Bush v. Gore?

You remember the legal horror show called Bush v. Gore? The Supreme Court couldn’t possibly replicate that. But don’t underestimate the justices’ capacity for self-inflicted wounds. The sequel’s being scripted and it may be worse. Twenty years ago, the court stepped in to halt a recount in the disputed 2000 presidential election. Both the Constitution […]

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Woman Who Mailed Threat to Susan Collins Gets 30 Months in Prison

A woman who prosecutors said sent a threatening letter to Senator Susan Collins’s home in Maine in October 2018 because she was upset with her vote to confirm Brett M. Kavanaugh as a justice on the Supreme Court was sentenced on Thursday to two and a half years in prison. The woman, Suzanne Muscara, 38, […]

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In Voting Cases, Chief Justice Roberts Is Alone but in Control

WASHINGTON — In a little over a week, the Supreme Court issued five sets of orders in election cases. In three of them, Democrats prevailed. Chief Justice John G. Roberts Jr. wrote an opinion in only one of the cases, and it was only a paragraph long. It sketched out a distinction that no other […]

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Kavanaugh Fixes Mistake in Election Opinion After Vermont Complaint

Justice Brett M. Kavanaugh on Wednesday corrected a mistake in an opinion issued as part of a Supreme Court ruling that barred Wisconsin from counting mail-in ballots that arrive after Election Day. In the opinion, which was issued on Monday and alarmed Democrats worried about mail ballots being counted, Justice Kavanaugh wrote that while some […]

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As Supreme Court Weighs Election Cases, a New Life for Bush v. Gore

WASHINGTON — The Supreme Court’s decision in Bush v. Gore 20 years ago was supposed to work like the tape recorder in “Mission: Impossible.” It was meant to produce a president and then self-destruct. “Our consideration is limited to the present circumstances,” the majority wrote. In other words: The decision was a ticket for one […]

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The Supreme Court Should Stay Out of State Election Law

Just as they did in the infamous Bush v. Gore litigation in 2000, Republican lawyers are trying to get the Supreme Court to undermine state court rulings protecting voting rights under state law. Their theory? That state courts, by relying in part on state constitutions, are wrongly exercising power that belongs to state legislatures. This […]

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A Question of Life and Death Looms for Amy Coney Barrett

After two decades on death row, Ruben Gutierrez’s time nearly came this summer. A little over an hour before he was due to be killed in the execution chamber housed in Texas’ Huntsville Unit, a reprieve arrived from an unlikely source: Justice Samuel Alito. For years, Mr. Gutierrez has maintained that he did not murder […]

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Justice Kavanaugh Unlocked Ways to Fight Foreign Interference

Among many other recent developments not likely on anyone’s 2020 bingo card, a Supreme Court decision about foreign aid and legalized prostitution has shattered perceived constraints on the authority of the United States to robustly defend its elections against foreign interference. This summer, in U.S. Agency for International Development v. Alliance for Open Society Internatonal, […]

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Democrats, Facing Critical Supreme Court Battle, Worry Feinstein Is Not Up to the Task

When Senator Dianne Feinstein of California, the top Democrat on the Judiciary Committee about to plunge into an election-season Supreme Court confirmation battle, was asked in the Capitol last week what her strategy would be for the coming fight, she walked by silently, an aide offering that she had a meeting to attend. As Republican […]

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Meet a Secret Trump Voter

Chris is a registered Democrat in her 50s who lives in Manhattan. She’s well-educated, well-traveled and well-informed. She has voted for candidates of both parties over the years and was enthusiastic for Bernie Sanders in 2016. She’s asked me not to publish her last name. It would not go down well for her at the […]

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A.O.C. and the Daughter Defense

Brett Kavanaugh invoked it. Mitch McConnell used it too. Matt Damon and Ben Affleck have each talked about it, and this week, Representative Ted Yoho joined their ranks: he, too, is now a member of the having-a-daughter-makes-me-an-ally-to-women — or at the very least, should-excuse-my-bad-behavior — club. “Having been married for 45 years with two daughters, […]

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A Conservative Agenda Unleashed on the Federal Courts

President Trump’s imprint on the nation’s appeals courts has been swift and historic. He has named judges with records on a range of issues important to Republicans — and to his re-election. Published March 14, 2020Updated March 16, 2020 As a Republican candidate for the Texas Supreme Court, Don R. Willett flaunted his uncompromising conservatism, […]

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