DOCSLIB.ORG

Advisory Committee on Appellate Rules

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Advisory Committee on Appellate Rules ADVISORY COMMITTEE ON APPELLATE RULES Washington, D.C. November 9, 2017 THIS PAGE INTENTIONALLY BLANK Advisory Committee on Appellate Rules, Fall 2017 Meeting 2 TABLE OF CONTENTS MEETING AGENDA…………………………………………………………………………5 TAB 1 OPENING BUSINESS 1A. TABLE OF AGENDA ITEMS…………………………………………………11 TAB 2 APPROVAL OF MINUTES 2A. DRAFT MINUTES OF MAY 2017 COMMITTEE MEETING …………………17 TAB 3 REPORT ON JUNE 2017 MEETING OF STANDING COMMITTEE 3A. REPORT BY GREGORY MAGGS REGARDING THE STANDING COMMITTEE’S ACTIONS ON THE COMMITTEE’S RECENT PROPOSALS, DATED OCTOBER 17, 2017……………………………………………………………………31 3B. EXCERPT OF THE REPORT OF THE STANDING COMMITTEE TO THE JUDICIAL CONFERENCE …………………………………………………35 3C. PROPOSED AMENDMENTS TO RULES 8, 11, 25, 26, 28, 28.1, 29, 31, 39, AND 41, AND FORMS 4 AND 7 ………………………………………………… 45 3D. PROPOSED AMENDMENTS TO RULES 3, 13, 26.1, 28, AND 32, AS PUBLISHED FOR PUBLIC COMMENT IN AUGUST 2017…………………………………83 3E. DRAFT MINUTES OF JUNE 2017 STANDING COMMITTEE MEETING ……95 TAB 4 ITEM 09-AP-B (RULE 29) 4A. MEMO BY GREGORY MAGGS REGARDING PROPOSAL TO AMEND RULE 29 TO ALLOW INDIAN TRIBES AND CITIES TO FILE AMICUS BRIEFS WITHOUT LEAVE OF COURT OR CONSENT OF PARTIES, DATED OCTOBER 13, 2017..131 4B. LETTER FROM JUDGE SUTTON TO JUDGE LYNCH DATED MAY 29, 2012...137 4C. MEMO BY CATHERINE STRUVE REGARDING ITEM 09-AP-B, DATED MARCH 28, 2012…………………………………………………………..141 4D. EXCERPT FROM THE MINUTES OF THE APRIL 2012 MEETING …………173 Advisory Committee on Appellate Rules, Fall 2017 Meeting 3 TAB 5 POTENTIAL AMENDMENTS TO RULE 5(A)(1), 21(A)(1) AND (C), 26(C), 32(F), AND 39(D)(1) REGARDING PROOF OF SERVICE 5A. MEMORANDUM BY PROFESSOR MAGGS REGARDING NEW DISCUSSION ITEM REGARDING REFERENCES TO “PROOF OF SERVICE” IN APPELLATE RULES 5(A)(1), 21(A)(1) AND (C), 26(C), 32(F), AND 39(D)(1), DATED OCTOBER 14, 2017………………………………………………………179 TAB 6 SUGGESTION FOR POSSIBLE AMENDMENT TO RULE 3(C)(1)(B) 6A. MEMORANDUM BY GREGORY MAGGS REGARDING NEW DISCUSSION ITEM REGARDING APPELLATE RULE 3(C)(1)(B) AND THE MERGER RULE, DATED OCTOBER 17, 2017………………………………………………………189 6B. MEMORANDUM BY NEAL KATYAL REGARDING APPELLATE RULE 3(C)(1)(B) AND THE MERGER RULE, DATED OCTOBER 15, 2016………191 TAB 7 SUGGESTION FOR POSSIBLE AMENDMENTS TO RULES 10, 11, AND 12 7A. MEMORANDUM BY GREGORY MAGGS REGARDING NEW DISCUSSION ITEM REGARDING ELECTRONIC RECORDS AND RULES 10, 11, AND 12, DATED OCTOBER 14, 2017……………………………………………197 7B. PROPOSED AMENDMENTS TO RULE 6……………………………………205 TAB 8 POSSIBLE AMENDMENT TO RULE 7 BASED ON CIRCUIT SPLIT ON WHETHER ATTORNEY’S FEES ARE “COSTS ON APPEAL” 8A. MEMORANDUM BY GREGORY MAGGS REGARDING NEW DISCUSSION ITEM REGARDING A CIRCUIT SPLIT ON WHETHER ATTORNEY’S FEES ARE “COSTS ON APPEAL” UNDER RULE 7, DATED OCTOBER 15, 2017……….223 8B. MEMORANDUM BY LAUREN GAILEY REGARDING WHETHER ATTORNEY’S FEES ARE “COSTS ON APPEAL” UNDER RULE 7, DATED JULY 28, 2017.. 227 Advisory Committee on Appellate Rules, Fall 2017 Meeting 4 Agenda for Fall 2017 Meeting of Advisory Committee on Appellate Rules November 8, 2017 – Washington, D.C. 1. Introductions and Opening Business 2. Approval of Minutes of May 2017 Meeting 3. Report on June 2017 Meeting of Standing Committee 4. Item 09-AP-B (Rule 29) 5. Potential Amendments to Rule 5(a)(1), 21(a)(1) and (c), 26(c), 32(f), and 39(d)(1) Regarding Proof of Service 6. Suggestion for Possible Amendment to Rule 3(c)(1)(B) 7. Suggestion for Possible Amendments to Rules 10, 11, and 12 8. Possible Amendment to Rule 7 Based on Circuit Split on Whether Attorney’s Fees are “Costs on Appeal” Advisory Committee on Appellate Rules, Fall 2017 Meeting 5 THIS PAGE INTENTIONALLY BLANK Advisory Committee on Appellate Rules, Fall 2017 Meeting 6 ADVISORY COMMITTEE ON APPELLATE RULES Chair, Advisory Committee on Appellate Rules Honorable Michael A. Chagares United States Court of Appeals United States Post Office and Courthouse Two Federal Square, Room 357 Newark, NJ 07102-3513 Reporter, Advisory Committee Professor Gregory E. Maggs on Appellate Rules The George Washington University Law School 2000 H Street, N.W. Washington DC 20052 Members, Advisory Committee Honorable Jay S. Bybee on Appellate Rules United States Court of Appeals Lloyd D. George United States Courthouse 333 Las Vegas Boulevard South, Suite 7080 Las Vegas, NV 89101-7065 Honorable Noel Francisco Solicitor General (ex officio) United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Honorable Judith L. French Ohio Supreme Court 65 South Front Street Columbus, OH 43215 Honorable Brett M. Kavanaugh United States Court of Appeals William B. Bryant United States Courthouse Annex 333 Constitution Avenue, N.W., Room 3004 Washington, DC 20001 Christopher Landau, Esq. Kirkland & Ellis LLP 655 Fifteenth Street, N.W. Washington DC 20005-5793 Honorable Stephen Joseph Murphy III United States District Court Theodore Levin United States Courthouse 231 West Lafayette Boulevard, Room 235 Detroit, MI 48226 Effective: October 1, 2017 Advisory Committee on Appellate Rules Page 1 Revised: October 1, 2017 Advisory Committee on Appellate Rules, Fall 2017 Meeting 7 Members, Advisory Committee Professor Stephen E. Sachs on Appellate Rules (cont’d) Duke Law School 210 Science Drive Box 90360 Durham, NC 27708-0360 Danielle Spinelli, Esq. Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue, N.W. Washington DC 20006 Clerk of Court Representative, Ms. Marcia M. Waldron Advisory Committee on Appellate Rules Clerk United States Court of Appeals James A. Byrne United States Courthouse 601 Market Street, Room 21400 Philadelphia, PA 19106-1729 Liaison Members, Advisory Committee Honorable Frank Mays Hull (Standing) on Appellate Rules United States Court of Appeals Elbert P. Tuttle Court of Appeals Building 56 Forsyth Street, N.W., Room 300 Atlanta, GA 30303 Honorable Pamela Pepper (Bankruptcy) United States District Court United States Courthouse and Federal Building 517 East Wisconsin Avenue, Room 271 Milwaukee, WI 53202 Secretary, Standing Committee Rebecca A. Womeldorf and Rules Committee Chief Counsel Secretary, Committee on Rules of Practice & Procedure and Rules Committee Chief Counsel Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E., Room 7-240 Washington, DC 20544 Phone 202-502-1820 Fax 202-502-1755 [email protected] Effective: October 1, 2017 Advisory Committee on Appellate Rules Page 2 Revised: October 1, 2017 Advisory Committee on Appellate Rules, Fall 2017 Meeting 8 TAB 1 Advisory Committee on Appellate Rules, Fall 2017 Meeting 9 TAB 1A Advisory Committee on Appellate Rules, Fall 2017 Meeting 10 Advisory Committee on Appellate Rules Table of Agenda Items —May 2017 FRAP Item Proposal Source Current Status 08-AP-A Amend FRAP 3(d) concerning service of notices of Hon. Mark R. Kravitz Discussed and retained on agenda 11/08 appeal. Discussed and retained on agenda 10/15 Discussed and retained on agenda 04/16 Discussed and retained on agenda 10/16 Draft approved for submission to Standing Committee 05/17 Draft approved for publication by Standing Committee 06/17 Draft published for public comment 08/17 08-AP-R Consider amending FRAP 26.1 (corporate disclosure) Hon. Frank H. Easterbrook Discussed and retained on agenda 04/09 and the corresponding requirement in FRAP 29(c) Discussed and retained on agenda 04/14 Discussed and retained on agenda 10/14 Discussed and retained on agenda 04/15 Discussed and retained on agenda 10/15 Discussed and retained on agenda 04/16 Discussed and retained on agenda 10/16 Discussed and retained on agenda 10/16 Draft approved for submission to Standing Committee 05/17 Draft approved for publication by Standing Committee 06/17 Draft published for public comment 08/17 09-AP-B Amend FRAP 1(b) to include federally recognized Daniel I.S.J. Rey-Bear, Esq. Discussed and retained on agenda 04/09 Indian tribes within the definition of “state” Discussed and retained on agenda 11/09 Discussed and retained on agenda 04/10 Discussed and retained on agenda 10/10 Discussed and retained on agenda 10/11 Discussed and retained on agenda 04/12; Committee will revisit in 2017 11-AP-C Amend FRAP 3(d)(1) to take account of electronic filing Harvey D. Ellis, Jr., Esq. Discussed and retained on agenda 04/13 Discussed and retained on agenda 10/15 Discussed and retained on agenda 04/16 Discussed and retained on agenda 10/16 Discussed and retained on agenda 10/16 Draft approved for submission to Standing Committee 05/17 Draft approved for publication by Standing Committee 06/17 Draft published for public comment 08/17 Advisory Committee on Appellate Rules, Fall 2017 Meeting 11 2 FRAP Item Proposal Source Current Status 11-AP-D Consider changes to FRAP in light of CM/ECF Hon. Jeffrey S. Sutton Discussed and retained on agenda 10/11 Discussed and retained on agenda 09/12 Discussed and retained on agenda 04/13 Discussed and retained on agenda 04/14 Discussed and retained on agenda 10/14 Discussed and retained on agenda 04/15 Discussed and retained on agenda 10/15 Draft approved 04/16 for submission to Standing Committee Approved for publication by Standing Committee 06/16 Revised draft approved 05/17 for resubmission to Standing Committee following public comments Revised draft approved by the Standing Committee 06/17 Draft approved by the Judicial Conference and submitted to the Supreme Court 09/17 12-AP-B Consider amending FRAP Form 4's directive concerning Peter Goldberger, Esq., on Discussed and retained on agenda 09/12 institutional-account statements for IFP applicants behalf of the National Discussed and retained on agenda 10/15 Association of Criminal Draft approved 04/16 for submission to Standing Committee Defense Lawyers (NACDL) Approved for publication by Standing Committee 06/16 Draft approved 05/17 for resubmission to Standing Committee following public comments Revised draft approved by the Standing Committee 06/17 Draft approved by the Judicial Conference and submitted to the Supreme Court 09/17 12-AP-D Consider the treatment of appeal bonds under Civil Rule Kevin C.
Load more

Recommended publications
  • President Trump Has Lunch with Vice President Mike Pence • 2:00P
    American Nephrology Nurses Association Daily Capitol Hill Update – Monday, January 13, 2020 (The following information comes from Bloomberg Government Website) Schedules: White House and Congress WHITE HOUSE 12:30pm: President Trump has lunch with Vice President Mike Pence 2:00pm: Trump receives intelligence briefing 4:10pm: Trump departs Washington for New Orleans 8:00pm: Trump watches Louisiana State University and Clemson University face off for the college football championship in New Orleans 10:05pm: Trump leaves New Orleans to return to Washington CONGRESS House meets on noon; first votes of week at 6:30pm o The chamber expects to vote this week on a resolution that would send the impeachment of Trump to the Senate for a trial . Speaker Nancy Pelosi plans to meet with House Democrats on Tuesday to determine the timing Senate meets at 3pm; resumes consideration of Peter Gaynor to lead FEMA Congressional, Health Policy, and Political News Arkansas Drug-Pricing Law Will Get Supreme Court Review: The U.S. Supreme Court will hear a case that could decide the validity of at least 38 states’ laws regulating how companies like Express Scripts and CVS Health make money off prescription drugs. The justices agreed Friday to take a case asking whether an Arkansas law regulating pharmacy benefit managers is preempted by the federal Employee Retirement Income Security Act. The Pharmaceutical Care Management Association, a trade group representing PBMs, successfully challenged the law on ERISA preemption grounds in the Eighth Circuit. o The court’s decision to hear the case came at the urging of U.S. Solicitor General Noel J.
    [Show full text]
  • List of Judges 1985–2017 Notre Dame Law School
    Notre Dame Law School NDLScholarship Annual Moot Court Showcase Argument Conferences, Events and Lectures 2017 List of Judges 1985–2017 Notre Dame Law School Follow this and additional works at: http://scholarship.law.nd.edu/ndls_moot_court Part of the Law Commons Recommended Citation Notre Dame Law School, "List of Judges 1985–2017" (2017). Annual Moot Court Showcase Argument. 1. http://scholarship.law.nd.edu/ndls_moot_court/1 This Article is brought to you for free and open access by the Conferences, Events and Lectures at NDLScholarship. It has been accepted for inclusion in Annual Moot Court Showcase Argument by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. List of Judges that Have Served the Moot Court Showcase Argument 2009 to present held in McCarten Court Room, Eck Hall of Law Updated: March 2017 Name Yr. Served ND Grad Court Judge Alice Batchelder 3/3/2017 U.S. Court of Appeals for the 6th Circuit Chief Justice Matthew Durrant 3/3/2017 Utah Supreme Court NDLS 1992 Judge John Blakey 3/3/2017 BA-UND 1988 U.S. District Court for the Northern District of Illinois Chief Justice Matthew G. Durrant 2/25/2106 Utah Supreme Court Judge Alice Batchelder 2/25/2016 U.S. Court of Appeals for the 6th Circuit Chief Magistrate Judge Maureen Kelly 2/25/2016 BA-UND 1983 U.S. District Court for the Western District of Pennsylvania Judge Joel F. Dubina 2/26/2015 U.S. Court of Appeals for the 11th Circuit Chief Judge Frederico A. Moreno 2/26/2015 United States District Court - Miami, FL Judge Patricia O'Brien Cotter 2/26/2015 NDLS 1977 Montana Supreme Court Judge Margaret A.
    [Show full text]
  • I Have Been Working on a Book, Stand-Ins, on The
    Workshop Participants: I have been working on a book, Stand-Ins, on the causes and consequences of temporary leadership in government, business, and religion, which is aimed at a more general audience. Given recent events, I have returned to more traditional scholarship to explore some of the issues involving temporary leadership (and the lack thereof) in federal agencies, among other topics. This paper is brand new, incomplete, and unpolished. Given its length, I would recommend reading the Introduction (pp.1-5), Scope of Actings (pp.13-27), and Statutory Questions (pp.33-42). I look forward to your reactions and suggestions for improvement. AJO Actings Anne Joseph O’Connell Stanford Law School April 1, 2019 Please do not cite or distribute beyond the workshop without permission. I. Introduction Stand-in leaders do not usually command much attention. They step up in moments of need to keep organizations running. The stereotypical interim leader is therefore a caretaker—in place to maintain stability; not to implement major changes. But not all interim leaders are caretakers. Some are auditioning for the permanent job. And a few are there to shake up the organization—so-called “fixers”. The scope of temporary leadership is vast—after all, traditional leaders are transitory, and selection procedures for more permanent leaders take time. On the public side, there are interim leaders in all branches of the federal government. In Congress, there are appointed senators, chosen by their state’s governor to fill in for an elected senator who has died or resigned, perhaps in disgrace or perhaps to take a different job.
    [Show full text]
  • AMERICAN P VERSIGHT
    AMERICAN p VERSIGHT January11,2021 VIA ONLINE PORTAL DouglasHibbard Chief,InitialRequestStaff OfficeofInform ationPolicy DepartmentofJustice 441GStNW,6thFloor Washington,DC20530 ViaOnlinePortal Re: Expedited Freedom of Information Act Request DearFOIAOfficer: PursuanttotheFreedomof InformationAct(FOIA),5U.S.C.§552,andthe implem entingregulationsof youragency,Am ericanOversightmakesthefollowing requestforrecords. OnJanuary6,2021,PresidentTrumpinciteda mtoob attackCongresswhile mbers em werecertifyingtheelectionforPresident-electJoeBiden. 1 Theapparent insurrectionistsattackedtheCapitolBuilding,forcedtheirwaypastreportedly understaffedCapitolPolice,andultim atelydelayedtheCongressionalsessionbyforcing lawmakersandtheirstaffstoflee. 2 Fourpeoplediedduringthisassaultandafifth person,aCapitolPoliceofficer,diedthefollowingdayfrominjuriesincurredwhile engagingwithrioters. 3 Whilem ilitia mbers em roamedthehallsofCongress,Trum preportedlyfoughtagainst deployingtheD.C.NationalGuard, 4 andtheDefenseDepartm entreportedlyinitially 1 PressRelease,OfficeofSen.MittRom ney,Rom neyCondemInsurrectionatU.S. ns Capitol, Jan.6,2021, https://www.romney.senate.gov/rom ney-condem ns-insurrection- us-capitol. 2 RebeccaTan,etal., TrumpSupportersStormU.S.Capitol,WithOneWomanKilledand TearGasFired, Wash.Post(Jan.7,2021,12:30AM), https://www.washingtonpost.com/local/trum p-supporters-storm -capitol- dc/2021/01/06/58afc0b8-504b-11eb-83e3-322644d82356 story.html. 3 EricLevenson, WhatWeKnowAboutthe5DeathsinthePro-TrumpMobthatStormedthe Capitol, CNN(Jan.8,2021,5:29PM),
    [Show full text]
  • Major First Amendment Conference Brings National Acclaim to Duquesne
    Major First Amendment Conference Brings National Acclaim to Duquesne By Tara Bradley-Steck group of high school students taking a for non-mainstream and mainstream religions, the “banned books” class came, as did a retired conference served as both an homage to the First Aexecutive from Alcoa. A journalist flew in from Amendment’s might and exploration of the forces Moscow specifically for the two-day event and flew threatening it in the digital age. home again with nary a twinge of jet lag. An alumna Duquesne and The Pittsburgh Foundation, in and her husband drove west across Pennsylvania, collaboration with the National Constitution Center, while another couple drove east from Iowa. presented the conference as a catalyst to reawaken This diverse assortment of folks came to Duquesne appreciation for First Amendment freedoms and as University in October for one purpose—to discuss, continuation of a University-sponsored series on civil honor and show their appreciation for the First discourse. Amendment and to learn of the challenges it might “The First Amendment comes up constantly— be facing. online, in our lives, in court, on campus. It’s really “I went because I want to learn more,” Marilyn interwoven into our lives in a way few other laws Painter, 81, of Pittsburgh said simply. “I just loved are,” said panelist Lata Nott, executive director of the agenda, and the quality of the presenters was the First Amendment Center at the Freedom Forum amazing.” Institute in Washington, D.C. The National Conference on the First Amendment: That is why the First Amendment is so critical.
    [Show full text]
  • Trump Judges: Even More Extreme Than Reagan and Bush Judges
    Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges.
    [Show full text]
  • Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee
    Stanford Law Review Volume 73 June 2021 NOTE Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee William S. Janover* Abstract. As arbiter of the constitutionality of executive actions, the Department of Justice Office of Legal Counsel (OLC) possesses vast authority over the operation of the federal government and is one of the primary vessels for the articulation of executive power. It therefore is not surprising that the OLC has found itself at the center of controversy across Democratic and Republican administrations. OLC opinions have justified the obstruction of valid congressional investigations, the targeted killing of an American citizen overseas, repeated military incursions without congressional approval, and, most infamously, torture. These episodes have generated a significant body of proposals to reform, constrain, or altogether eliminate the OLC. All of these proposals can be categorized as either direct or indirect constraints on how the OLC operates. Direct constraints target how the OLC actually creates its legal work product. Indirect constraints instead focus on the OLC’s personnel or the public scrutiny the Office’s opinions will face. This Note expands on this existing body of research, focusing on how one institution unstudied in this context, the United States Senate Judiciary Committee, can operationalize meaningful indirect constraints on the OLC. Unlike the other actors that scholars have examined, the Committee’s position outside the executive branch allows it to sidestep the President’s ever-expanding reach within the federal bureaucracy. At the same time, the Committee’s oversight powers and its central role in the nomination of both the OLC’s leader and Article III judges give it important constitutional and statutory authority to constrain the Office.
    [Show full text]
  • Red River Radio Ascertainment Files April 2018 – June 2018 STORY LOG – CHUCK SMITH, NEWS PRODUCER, RED RIVER RADIO
    Red River Radio Ascertainment Files April 2018 – June 2018 STORY LOG – CHUCK SMITH, NEWS PRODUCER, RED RIVER RADIO 2604 Louisiana Has Fewes Number Of Women In State Government (1:53) Interview: Dr. G. Pearson Cross, ass’t. professor of politics at University of La. – Lafayette Airdate: Apr 2, 2018 Type: Interview Wrap 2605 La. House Passes Bill Making Hazing A Felony (1:55) Interview: Rep. Nancy Landry (R) Lafayette, LA Airdate: Apr 3, 2018 Type: Interview Wrap 2606 USDA Recalls Beef From Texas Meat Processor (1:00) Interview: Chuck Smith, Red River Radio News Producer Airdate: Apr 4, 2018 Type: Interview Wrap 2607 Higher Ed Leaders Ask Louisiana Lawmakers For Budget Stability (1:06) Interview:. King Alexander, President-LSU System Airdate: Apr 4, 2018 Type: Interview Wrap 2608 La. Bill To Raise Age For Buying Assault-Style Weapons Goes To Senate (1:49) Interview: Sen. Troy Carter, D-New Orleans Airdate: Apr 4, 2018 Type: Interview Wrap 2609 La. Lawmakers Reject Armed Teachers In School Proposal (1:00) Interview: Rep. Raymond Garofalo (R-Chalmette) Airdate: Apr 5, 2018 Type: Interview Wrap 2610 Bills To Raise TOPS Eligibility Head To La. House (2:41) Interview: Rep. Julie Emerson (R-Carencro, LA) Airdate: Apr 6, 2018 Type; Interview Wrap 2611 Gov. Edwards Warns "Clock Is Running Out" On Avoiding Budget Cuts (2:46) Interview: Gov. John Bel Edwards, La. Airdate: Apr 9, 2018 Type: Interview Wrap 2612 La. Sen. Kennedy To Question Facebook's Mark Zuckerberg Today (1:35) Interview: Sen. John Kennedy (R-La.) Airdate: Apr 10, 2018 Type: Interview
    [Show full text]
  • Oral Argument - Advocates
    Oral Argument - Advocates Overview Most Popular Advocate Origins OT12 OT13 OT14 OT15 OT16 OT17 OT18 OT19 State Total Number of Washington, D.C. 103 Different 120 121 112 117 100 113 122 103 California 8 Advocates New York 7 Number of Total 193 185 178 186 158 163 178 155 Texas 5 Appearances Virginia 5 Appearances by Advocates OT12 OT13 OT14 OT15 OT16 OT17 OT18 OT19 Who... Most Popular Supreme Court Clerkships …Are from the Clerkship Appearances Advocates Office of the 64 (33%) 61 (33%) 56 (31%) 59 (32%) 48 (30%) 48 (29%) 50 (28%) 42 (27%) Solicitor General Antonin Scalia 25 10 …Have John G. Roberts 17 8 experience in the Not 85 (47%) 78 (46%) 84 (71%) 73 (48%) 71 (65%) 86 (48%) 80 (52%) Ruth Bader Ginsburg 7 6 Office of the Available Stephen Breyer 7 4 Solicitor General Elena Kagan 6 4 …Have argued at least twice during 104 (54%) 96 (52%) 104 (58%) 109 (59%) 94 (59%) 77 (47%) 87 (49%) 82 (53%) David Souter 5 4 the Term …Are “expert” Supreme Court 137 (71%) 131 (71%) 116 (66%) 136 (74%) 115 (74%) 89 (56%) 123 (69%) 114 (74%) Most Popular Law Schools litigators* …Are based in Law School Appearances Advocates Washington, 125 (65%) 119 (64%) 101 (57%) 122 (66%) 97 (61%) 97 (60%) 109 (61%) 103 (66%) Harvard 41 33 D.C.** Yale 32 20 …Are female 33 (17%) 28 (15%) 34 (19%) 32 (18%) 33 (21%) 19 (12%) 30 (17%) 20 (13%) Chicago 12 2 Stanford 10 6 …Are female and Virginia 9 6 not from the Office of the 17 (13%) 11 (9%) 17 (14%) 13 (10%) 15 (14%) 10 (9%) 21 (12%) 13 (8%) Solicitor General*** * We adopt Richard Lazarus’ definition of an “expert” Supreme Court litigator: one who has argued five or more times before the Supreme Court or works in an office where lawyers have collectively argued more than 10 times.
    [Show full text]
  • The Political the Political
    The Political SOLICITOSOLICITORR GENERAL he most political case of The “Tenth Justice” tral,” with restrictions “expressly based on the indelibly political Supreme the President’s national-security and foreign- Court term that ended in June policy judgments.” A prime point of conten- was about the travel ban Presi- and the polarization of tion was the stream of statements Trump had dent Donald J. Trump imposed made stressing his aim of barring Muslims last September. It banned al- the Supreme Court from the United States. When the Court Tmost all travel to the United States from seven heard oral argument in the case, Chief Jus- countries where more than 135 million people tice John G. Roberts Jr. ’76, J.D. ’79, assumed were covered by the ban. More than 90 per- Trump had made the statements with that cent of the citizens in five of the countries by LINCOLN CAPLAN purpose. Roberts asked Hawaii’s lawyer: “If were Muslim. As the state of Hawaii said in tomorrow he issues a proclamation saying its brief about the case called Trump v. Hawaii, this element of the ban he’s disavowing all those statements, then the next day he can re- violated the Constitution’s “bedrock command that the Govern- enter this proclamation” and “your discrimination argument would ment may not take actions for the purpose of excluding members not be applicable?” The lawyer said, “Absolutely.” of a particular faith.” Solicitor General Noel J. Francisco, representing the administra- The Trump administration claimed the ban was “religion-neu- tion, asserted in rebuttal that there was nothing to disavow: “Well, Illustration by Taylor Callery Harvard Magazine 47 Reprinted from Harvard Magazine.
    [Show full text]
  • Oversight of the Department of Justice : Hearing
    OVERSIGHT OF THE DEPARTMENT OF JUSTICE HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION NOVEMBER 14, 2017 Serial No. 115–47 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 32–380 WASHINGTON : 2018 VerDate Sep 11 2014 02:38 Oct 20, 2018 Jkt 032380 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HR\OC\A380.XXX A380 dlhill on DSK3GLQ082PROD with HEARING COMMITTEE ON THE JUDICIARY BOB GOODLATTE, Virginia, Chairman F. JAMES SENSENBRENNER, Jr., JOHN CONYERS, Jr., Michigan Wisconsin JERROLD NADLER, New York LAMAR SMITH, Texas ZOE LOFGREN, California STEVE CHABOT, Ohio SHEILA JACKSON LEE, Texas DARRELL E. ISSA, California STEVE COHEN, Tennessee STEVE KING, Iowa HENRY C. ‘‘HANK’’ JOHNSON, Jr., Georgia TRENT FRANKS, Arizona THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas LUIS V. GUTIE´ RREZ, Illinois JIM JORDAN, Ohio KAREN BASS, California TED POE, Texas CEDRIC L. RICHMOND, Louisiana JASON CHAFFETZ, Utah HAKEEM S. JEFFRIES, New York TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island TREY GOWDY, South Carolina ERIC SWALWELL, California RAU´ L LABRADOR, Idaho TED LIEU, California BLAKE FARENTHOLD, Texas JAMIE RASKIN, Maryland DOUG COLLINS, Georgia PRAMILA JAYAPAL, Washington RON DESANTIS, Florida BRAD SCHNEIDER, Illinois KEN BUCK, Colorado JOHN RATCLIFFE, Texas MARTHA ROBY, Alabama MATT GAETZ, Florida MIKE JOHNSON, Louisiana ANDY BIGGS, Arizona SHELLEY HUSBAND, Chief of Staff and General Counsel PERRY APELBAUM, Minority Staff Director and Chief Counsel (II) VerDate Sep 11 2014 02:38 Oct 20, 2018 Jkt 032380 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HR\OC\A380.XXX A380 dlhill on DSK3GLQ082PROD with HEARING C O N T E N T S NOVEMBER 14, 2017 OPENING STATEMENTS Page The Honorable Bob Goodlatte, Virginia, Chairman, Committee on the Judici- ary ........................................................................................................................
    [Show full text]
  • Cooperative Judicial Nominations During the Obama Administration
    GW Law Faculty Publications & Other Works Faculty Scholarship 2017 Cooperative Judicial Nominations During the Obama Administration David Fontana George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Fontana, David, Cooperative Judicial Nominations During the Obama Administration (March 28, 2017). Wisconsin Law Review, Forthcoming; GWU Law School Public Law Research Paper No. 2017-24; GWU Legal Studies Research Paper No. 2017-24. Available at SSRN: https://ssrn.com/abstract=2942297 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. FONTANA – FORTHCOMING – WISCONSIN LAW REVIEW (2017) 3/28/2017 COOPERATIVE JUDICIAL NOMINATIONS DURING THE OBAMA ADMINISTRATION DAVID FONTANA Introduction ................................................................... 101 I. Naming ..................................................................... 108 II. Numbing ................................................................... 124 III. Numbers .................................................................. 130 Conclusion .................................................................... 138 INTRODUCTION During his eight years in office, President Barack Obama changed
    [Show full text]