To recuse or refuse? A look at Supreme Court justicesโ decisions on whether to step aside in cases
In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito has provided a rare window on the opaque process by which justices decide to recuse themselves.
Justices cheered at conservative group's anniversary dinner
Four of the five Supreme Court justices who overturned the constitutional right to abortion attended the conservative Federalist Societyโs black-tie dinner marking its 40th anniversary.
Justice Jackson says she has 'a seat at the table'
Justice Ketanji Brown Jackson says she has โa seat at the table now and Iโm ready to work,โ leaning into her history-making role as the first Black woman on the Supreme Court.
Cheers for Jackson as Biden declares โmoment of real changeโ
Tearfully embracing a history-making moment, Judge Ketanji Brown Jackson said Friday her confirmation as the first Black woman to the Supreme Court shows the progress of America.
How to get on the Supreme Court? Smile a lot, speak a little
When presidents nominate a candidate to serve on the Supreme Court, they often ask an experienced Washington hand to help shepherd that candidate through the Senate confirmation process.
US drops name of Trump's 'China Initiative' after criticism
The Justice Department is scrapping the name of a Trump-era initiative intended to crack down on economic espionage by Beijing but criticized as unfairly targeting Chinese professors at American colleges because of their ethnicity.
Jackson, in high court mix, traces law interest to preschool
When Ketanji Brown Jacksonโs younger daughter was 11, she drafted a letter to President Barack Obama suggesting her federal-judge mom for a vacancy on the Supreme Court.
Divided no more? Court opening may draw Democrats together
Democrats have fractured repeatedly over President Joe Bidenโs agenda, stalling legislation and creating an atmosphere of mistrust that threatens the partyโs political prospects in November.
![Evan Young, former clerk to conservative U.S. Supreme Court Justice Antonin Scalia, appointed to Texas Supreme Court](https://www.ksat.com/resizer/dL-rYeJ_dVLMuCI6t9GWgTvaCqQ=/800x536/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/GI5E3NGCU5BBJJETH5F3S4HKFE.jpg)
Evan Young, former clerk to conservative U.S. Supreme Court Justice Antonin Scalia, appointed to Texas Supreme Court
Young replaces former Justice Eva Guzman, who resigned in June ahead of a campaign for attorney general.
![Democrats begin long-shot push to expand the Supreme Court](https://www.ksat.com/resizer/suf-uyV7Z3HcSAnP6zBTxO0eL4o=/1600x1063/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/545TFXJFTVAZRISE7RFPZ6SHZI.jpg)
Democrats begin long-shot push to expand the Supreme Court
Legislation introduced by a group of Democratic lawmakers would to add four seats to the nine-member Supreme Court, in a long-shot bid designed to counter the courtโs rightward tilt during the Trump administration.
![Group to study more justices, term limits for Supreme Court](https://www.ksat.com/resizer/kcpGt0DQN9alIVsQesALz5T6MDo=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/PT53AZLGQJCTBMIFA43O24YKJE.jpg)
Group to study more justices, term limits for Supreme Court
President Joe Biden has ordered a study of adding seats to the Supreme Court, creating a commission that will spend the next 180 days examining the incendiary political issues of expanding the court and instituting term limits for its justices.
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Breyer says big Supreme Court changes could diminish trust
Justice Stephen Breyer is telling liberal advocates of big changes at the Supreme Court, including expanding the number of justices, to think โlong and hardโ about what theyโre proposing.
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Breyer mum as some liberals urge him to quit Supreme Court
FILE - In this Nov. 30, 2018, file photo, Associate Justice Stephen Breyer sits with fellow Supreme Court justices for a group portrait at the Supreme Court Building in Washington. Scott Applewhite, File)WASHINGTON โ Forgive progressives who aren't looking forward to the sequel of their personal โNightmare on First Street," a Supreme Court succession story. Other liberal voices have said Breyer should retire when the court finishes its work for the term, usually by early summer. Among the names being circulated are California Supreme Court Justice Leondra Kruger, U.S. District Court Judge Ketanji Brown Jackson and U.S. District Court Judge Michelle Childs. Breyer's departure wouldn't do anything to change the conservatives' 6-3 edge on the Supreme Court.
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Biden getting 1st shot at making mark on federal judiciary
FILE - In this Nov. 2, 2020, file photo the Supreme Court is seen at sundown in Washington. Barring an improbable expansion of the Supreme Court, Biden wonโt be able to do anything about the high courtโs entrenched conservative majority any time soon. Thatโs because Republicans who controlled the Senate in the final two years of the Obama White House confirmed relatively few judges. Biden already has pledged to name a Black woman to the Supreme Court if a seat opens up. But some Republicans and conservative groups are wary about what Democrats might try to do now that they control Congress and the White House.
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Garland vows sharp focus on Capitol riot as attorney general
Judge Merrick Garland, nominee to be Attorney General, is sworn in at his confirmation hearing before the Senate Judiciary Committee, Monday, Feb. 22, 2021 on Capitol Hill in Washington. That is what I intend to do as the attorney general," Garland said. Garland said his first briefing as attorney general would be focused on the insurrection at the U.S. Capitol on Jan. 6. Other backers include two sons of former Attorney General Edward Levi. โThere have been few moments in history where the role of attorney general โ and the occupant of that post โ have mattered more,โ said Sen. Dick Durbin, D-Ill., the Senate Judiciary chairman.
![Snubbed as Obama high court pick, Garland in line to be AG](https://www.ksat.com/resizer/Q85xXmKOGnX9lg18s3Vm6NMnH4s=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/272QMKRBTBFGVA32NXA73VQXFU.jpg)
Snubbed as Obama high court pick, Garland in line to be AG
The once-snubbed Supreme Court pick will finally come before the Senate, this time as President Joe Biden's choice for attorney general. Now, the once-snubbed Supreme Court pick will finally come before the Senate, this time as President Joe Biden's choice for attorney general. Garland's high court nomination by President Barack Obama in 2016 died because the Republican-controlled Senate refused to hold a hearing. The Justice Department on late Saturday released a copy of Garlandโs opening statement. Graham said in a tweet that Garland would be a โsound choiceโ to lead the Justice Department.
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President-elect Biden introduces Judge Merrick Garland as attorney general nominee
President-elect Joe Biden is set to name Garland as Attorney General. His confirmation prospects as attorney general were all but ensured when Democrats scored control of the Senate majority by winning both Georgia Senate seats. Biden also introduced three others for senior Justice Department leadership posts on Thursday, including Obama administration homeland security adviser Lisa Monaco as deputy attorney general and former Justice Department civil rights chief Vanita Gupta as associate attorney general, the No. He also named an assistant attorney general for civil rights, Kristen Clarke, now the president of Lawyersโ Committee for Civil Rights Under Law, an advocacy group. Garland was selected over other finalists including former Sen. Doug Jones, D-Ala., and former Deputy Attorney General Sally Yates.
![Trump's impact on courts likely to last long beyond his term](https://www.ksat.com/resizer/cndyWh875TjM_Gv_6vKYflneVeg=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/T2FMMABZ2JEBNAL5ISRQJVHLM4.jpg)
Trump's impact on courts likely to last long beyond his term
President Donald Trumps deep imprint on the federal courts is a rare point of agreement about the president across the political spectrum. The three Supreme Court picks could still be on the court at the 21st centuryโs midpoint, 30 years from now. In Trumpโs first two years, they pushed through 30 appellate court judges and 53 district court nominees. โYou know, when I got in, we had over 100 federal judges that werenโt appointed," he said. That nominee was Stephen Breyer, now a Supreme Court justice.
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Biden's attorney general search is focused on Jones, Garland
WASHINGTON โ Alabama Sen. Doug Jones and federal appeals court judge Merrick Garland are emerging as the leading contenders to be nominated as President-elect Joe Bidenโs attorney general, three people familiar with the matter told The Associated Press. Biden's thinking was described by people with knowledge of the presidential transition's internal thinking who were not authorized to speak publicly. Jones, who is white, has had a long-standing personal relationship with Biden dating back to Bidenโs first presidential campaign in 1988. Jones would not comment Tuesday on the possibility of a nomination as attorney general. The Biden team has also been considering a number of other potential candidates for the post, including former Justice Department official Lisa Monaco.
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Senate to confirm Barrett for court in highly partisan vote
The confirmation was expected to be the first of a Supreme Court nominee so close to a presidential election. On Sunday, the Senate voted 51-48 vote to begin to bring the process to a vote by launching the final 30 hours of Senate debate. Collins, who faces a tight reelection in Maine, remains the only Republican expected to vote against Trump's nominee. Barrett was a professor at Notre Dame Law School when she was tapped by Trump in 2017 for an appeals court opening. Two Democrats joined at that time to confirm her, but none is expected to vote for her now.
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Senate votes to advance Barrett; confirmation expected Monday
Scott Applewhite)WASHINGTON โ Senate Republicans voted overwhelmingly Sunday to advance Supreme Court nominee Amy Coney Barrett toward final confirmation despite Democratic objections, just over a week before the presidential election. Barrett's confirmation on Monday was hardly in doubt, with majority Republicans mostly united in support behind President Donald Trump's pick. "The Senate is doing the right thing," said Senate Majority Leader Mitch McConnell, vowing to install Barrett to the court by Monday. Murkowski said she disliked the rush toward confirmation, but supported Trump's choice of Barrett for the high court. Now the only Republican expected to vote against Barrett is Collins, who faces a tight reelection in Maine.
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Murkowski's nod gives Barrett extra boost for Supreme Court
Barrett's nomination already appeared to have enough votes for confirmation from Senate Republicans who hold the majority in the chamber. But the minority party has no realistic chance of stopping Barrettโs confirmation, which is set to lock a 6-3 conservative court majority for years to come. Senate Majority Leader Mitch McConnell, R-Ky., noted the political rancor, but defended his handling of the process. Majority Republicans turned aside those efforts and kept Barrett's confirmation on track. With a 53-47 GOP majority, Barrettโs confirmation is almost certain.
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Senate GOP marches ahead on Barrett over Democrats' blockade
Senate Democratic leader Chuck Schumer of New York warned Republicans that they were making a โcolossal and historic mistake.โRepublicans appeared unmoved. In a lengthy speech, Senate Majority Leader Mitch McConnell praised Barrett as an โextraordinaryโ nominee and defended her quick confirmation. With a 53-47 GOP majority, Barrettโs confirmation is almost certain. That rate outpaces Grahamโs third-quarter total of $28 million, which his campaign said represented the largest amount ever raised by any Republican Senate candidate in a single quarter, in any state. In trying to derail or at least slow Barrett's confirmation, Democrats argue the winner of the presidential election should decide who replaces Ginsburg.
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With a hug, Feinstein draws liberal critics at court hearing
Sen. Lindsey Graham, R-S.C., shakes hands with Sen. Dianne Feinstein, D-Calif., at the close of the confirmation hearing for Supreme Court nominee Amy Coney Barrett, before the Senate Judiciary Committee, Thursday, Oct. 15, 2020, on Capitol Hill in Washington. โThis has been one of the best set of hearings that Iโve participated in,โ Feinstein said at the Senate Judiciary Committee. โItโs time for Sen. Feinstein to step down from her leadership position on the Senate Judiciary Committee,โ said Brian Fallon, the executive director of Demand Justice, which opposes conservative nominees to the courts. Trump has been able to install more than 200 judges on the federal bench and is now poised to seat his third justice on the Supreme Court. โJudiciary Committee Democrats had one goal this week: to show whatโs at stake under a 6-3 conservative Supreme Court โ and we did that,โ Feinstein said.
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GOP pushes Barrettโs nomination ahead, Dems decry โshamโ
A former Notre Dame Law School professor, Barrett would be the only one of her Supreme Court colleagues not groomed in the Ivy League. But Barrett is the most open opponent of abortion nominated to the Supreme Court in decades. She refused to say whether the 1973 landmark Roe v. Wade ruling on abortion rights was correctly decided, though she has signed two ads against it. Others testifying Thursday included Laura Wolk, the first blind woman to be a law clerk for the Supreme Court, who told senators that Barrettโs encouragement and support were life-changing. โHer brilliance is matched only by her compassion,โ said Wolk, who also spent a year as a law clerk for Barrett.
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Barrett back on Capitol Hill on Wednesday for senators' final questions
WASHINGTON โ Over and over, Amy Coney Barrett said sheโd be her own judge if confirmed to the Supreme Court. She called the Voting Rights Act a โtriumph in the civil rights movement,โ without discussing the specifics of the earlier challenge to it. It would be applying laws that are designed to protect the election and protect the right to vote,โ Barrett said. The health care debate has been central to the weekโs hearings, as Americans struggle during the pandemic, leading to a sharp exchange among senators at one point. Durbin retorted that health risks left many senators monitoring from their offices rather than convening as a group.
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Barrett hearing turns to discussion of few high court cases
WASHINGTON โ Amy Coney Barrett's Supreme Court confirmation hearing on Tuesday quickly turned to discussion of a few notable high court cases, including key decisions on abortion and gun rights. One of the cases is coming to the Supreme Court while others were decided years ago. Barrett is the most openly anti-abortion nominee to the Supreme Court in decades. CALIFORNIA v. TEXASThe Supreme Court will hear this case on Nov. 10, a week after the election. The Supreme Court upheld key parts of the law in the two earlier cases.
![The Latest: Day 2 of Barrett confirmation hearings wraps](https://www.ksat.com/resizer/tQflfVXdKERHphHWyIboWiMMKNc=/1600x1116/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/SQXOZSCM3BEDXP5JK67PHHJRBQ.jpg)
The Latest: Day 2 of Barrett confirmation hearings wraps
(Kevin Dietsch/Pool via AP)WASHINGTON โ The Latest on the Senate confirmation hearings for Supreme Court nominee Amy Coney Barrett (all times local):8:20 p.m. The second day of confirmation hearings for Supreme Court nominee Amy Coney Barrett is finished after nearly 12 hours. __HEREโS WHAT YOU NEED TO KNOW ABOUT THE BARRETT HEARINGS:Supreme Court nominee Amy Coney Barrett has spent a long day batting back Democratsโ tough questioning as her Senate confirmation hearings continue. ___HEREโS WHAT YOU NEED TO KNOW ABOUT WHATโS HAPPENING IN THE SUPREME COURT CONFIRMATION HEARINGS:Barrett is facing senatorsโ questions during a second day of confirmation hearings. President Donald Trumpโs nominee to the Supreme Court made the comments at her Senate confirmation hearings on Tuesday, three weeks before Election Day.
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Barrett faces senators on health care, legal precedent
โI think Amyโs doing incredibly well,โ he said at the White House departing for a campaign rally. Allowing Trump to fill the seat with Barrett โposes a threat to safe and legal abortion in our country," Harris said. Democrats warn that she would be a vote to undo the law and strip health coverage from millions of Americans. "I'm not hostile to the ACA,โ Barrett told the senators. โYou would not be getting Justice Scalia, you would be getting Justice Barrett,โ she declared.
![The Latest: Senate panel schedules 1st Barrett vote Thursday](https://www.ksat.com/resizer/g8gDhO7MpoxVu-yrCBePq43LXrs=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/XKW77HCKVJBMTITPPYLLXZBVYY.jpg)
The Latest: Senate panel schedules 1st Barrett vote Thursday
(AP Photo/Patrick Semansky, Pool)WASHINGTON โ The Latest on the Senate confirmation hearings for Supreme Court nominee Amy Coney Barrett (all times local):5:50 p.m. The Senate Judiciary Committee has wrapped up the first of four days of planned Supreme Court confirmation hearings for Amy Coney Barrett. She warned itโs not just health care that is at risk if Amy Coney Barrett is confirmed. Sen. Michael Lee was present for the start of Senate Judiciary Committee hearings Monday for Barrett. Senate Judiciary Committee Chairman Lindsey Graham opened the hearing by defending holding the hearing so close to the presidential election.
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Barrett vows to interpret laws โas they are writtenโ
Sen. Richard Blumenthal of Connecticut was among several Democrats demanding that Barrett pledge not to take part in any election case. โHealth care coverage for millions of Americans is at stake with this nomination,โ said Sen. Dianne Feinstein of California, the committeeโs senior Democrat. Among Republicans, Sen. Chuck Grassley, R-Iowa, dismissed warnings Barrett will undo the law as โoutrageous.โTrump himself seemed to be watching, tweeting several times about the hearing. In one message, he tweeted that heโd have a โFAR BETTERโ health care plan, with lower costs and protections for preexisting conditions. But he has not, as yet, discussed an actual health care plan.
![Senators weigh COVID risk for Barrett Supreme Court hearing](https://www.ksat.com/resizer/mvF35C3IcgfdygeyBQQNXEY7Ick=/1600x1067/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/NV3S6BC7Z5HMXKB3HZH4OMUFDY.jpg)
Senators weigh COVID risk for Barrett Supreme Court hearing
In this Oct. 1, 2020, photo, Supreme Court nominee Judge Amy Coney Barrett, meets with Sen. Roger Wicker, R-Miss., at the Capitol in Washington. Confirmation hearings begin Monday for President Donald Trumps Supreme Court nominee, Amy Coney Barrett. If confirmed, the 48-year-old appeals court judge would fill the seat of liberal Justice Ruth Bader Ginsburg, who died last month. No Supreme Court has ever been confirmed so close to a presidential election. Barrett also is the most openly anti-abortion Supreme Court nominee in decades and her vote could provide a majority to restrict if not overturn abortion rights.
![A look at Judge Amy Coney Barrettโs notable opinions, votes](https://www.ksat.com/resizer/3c9OqknHV9xZQlPgIUprlNNb2yU=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/FEP4IWG35RDRRPNH5E6SCCK3HY.jpg)
A look at Judge Amy Coney Barrettโs notable opinions, votes
(AP Photo/Alex Brandon)Judge Amy Coney Barrett, President Donald Trumpโs nominee for the Supreme Court, has written roughly 100 opinions in more than three years on the 7th U.S. In July, the Supreme Court threw out the panel's ruling and ordered a new look at the case. Supreme Court abortion decisions "hold that, until a fetus is viable, a woman is entitled to decide whether to bear a child. Justice Brett Kavanaugh, then serving as a federal appeals court judge in Washington, D.C, said one utterance was enough. In short, the case law demonstrates that a single, sufficiently severe incident may create a hostile work environment actionableโ under federal anti-discrimination laws.
![Precedent, recusal, Roe: A court nomination viewer's guide](https://www.ksat.com/resizer/fjk8dogOipFXZsqwlgObZwknBsE=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/JKI5BRC6GBE3HLMQCAQPOQDIEA.jpg)
Precedent, recusal, Roe: A court nomination viewer's guide
Lawmakers know the public is watching, but as the hearing gets going and lawmakers seek to probe the nomineeโs views, they often slip into using legal jargon and refer to past Supreme Court cases in shorthand. Barrett is the most open anti-abortion nominee to the Supreme Court in decades. ___CHEVRON DEFERENCEA 1984 Supreme Court ruling, in a case involving the Chevron oil company, says that when laws arenโt crystal clear, federal agencies should be allowed to fill in the details. But a growing conservative legal movement has questioned the Chevron decision. If a future Supreme Court were to limit the Chevron ruling, it would mark a big change in the law that would potentially make it harder to sustain governmental regulations.
![Five things to know about court nominee Amy Coney Barrett](https://www.ksat.com/resizer/MJBBi5x36EofmeqsG8VD6duLgmI=/1600x1067/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/V7VN3FZPR5FEFEFA33BADEUBKM.jpg)
Five things to know about court nominee Amy Coney Barrett
In this Oct. 1, 2020, photo, Supreme Court nominee Judge Amy Coney Barrett, meets with Sen. Roger Wicker, R-Miss., at the Capitol in Washington. Confirmation hearings begin Monday for President Donald Trumps Supreme Court nominee, Amy Coney Barrett. If confirmed, the 48-year-old appeals court judge would fill the seat of liberal Justice Ruth Bader Ginsburg, who died last month. (Graeme Jennings/Pool via AP)WASHINGTON โ Confirmation hearings begin Monday for President Donald Trump's Supreme Court nominee, Amy Coney Barrett. If confirmed, the 48-year-old appeals court judge would fill the seat of liberal Justice Ruth Bader Ginsburg, who died last month.
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Biden, Harris dodge questions about Supreme Court expansion
PHOENIX โ There are few topics that Joe Biden isn't willing to opine on โ except the Supreme Court. The debate is likely to intensify next week when Senate Republicans start confirmation hearings for Amy Coney Barrett. The progressive movement clamoring for a larger Supreme Court also wants a single-payer health insurance system, tuition-free college for all Americans and a complete phase-out of fossil fuels. โTheyโre denying the American people the one shot they have, under constitutional law, to be able have their inputโ by electing a president, Biden said. As Judiciary chair in 1987, he presided over a hearing and vote that ended with conservative luminary Robert Bork being denied a Supreme Court seat.
![Scalia 'heir' Barrett may be open to reversing Roe v. Wade](https://www.ksat.com/resizer/_SHCcnjk3I-oMfwVgtAusJmsQfs=/1600x1064/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/QLRSEIHQE5BYJCYNYPEMIUKVLE.jpg)
Scalia 'heir' Barrett may be open to reversing Roe v. Wade
She has never said publicly she would overturn Roe, or other precedents expanding abortion rights. To buttress her legal analyses, she nearly always brought up Scalia, for whom she clerked in the late 1990s. Scalia, who like Barrett was a Catholic, said the Constitution leaves the question up to the states. โWhat Roe v. Wade said was that no state can prohibit it,โ he said. Jamal Greene, a professor at New Yorkโs Columbia Law School, said Barrett could stop short of shooting down Roe v. Wade and other abortion-rights precedents โ and still end up gutting them.
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Barrett could be Ginsburg's polar opposite on Supreme Court
Judge Amy Coney Barrett speaks after President Donald Trump announced her as his nominee to the Supreme Court, in the Rose Garden at the White House, Saturday, Sept. 26, 2020, in Washington. She said she would be mindful of the woman whose place she would take on the Supreme Court. Barrett has been critical of Chief Justice John Roberts' opinion upholding the Affordable Care Act, which is again facing a constitutional challenge at the Supreme Court. Barrett had the chance to serve as a Supreme Court clerk. Barrettโs ascension to the Supreme Court could give gun rights advocates the vote they need to bring the issue back to the court in the near future.
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On guns, abortion, high court could become more conservative
FILE - In this June 15, 2020, file photo the columns of the Supreme Court are seen with the Capitol at right, in Washington. But if Trump fills Ginsburg's seat, there will be six conservative justices, three of them appointed by him. A more conservative court might be seen as more sympathetic to striking down the Affordable Care Act, but the court might still choose not to. Earlier this year, a divided Supreme Court struck down a Louisiana law regulating abortion clinics, reasserting a commitment to abortion rights. ___GUNSThe Supreme Court has for years been reluctant to take on new guns cases, but that could change under a more conservative court.
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Trump caps judiciary remake with choice of Barrett for court
Judge Amy Coney Barrett applauds as President Donald Trump announces Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House, Saturday, Sept. 26, 2020, in Washington. Trump hailed Barrett as โa woman of remarkable intellect and character,โ saying he had studied her record closely before making the pick. Trump, meanwhile, is hoping the nomination will galvanize his supporters as he looks to fend off Democrat Joe Biden. โWe donโt have to do it before, but I think this will be done before the election," Trump told reporters Saturday. โI think this will end up in the Supreme Court,โ Trump said Wednesday of the election.
![How it happened: From law professor to high court in 4 years](https://www.ksat.com/resizer/8xqScKGtgPWh3xvXtYF82y17al8=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/MP3SMA676BAE3II2MHVJLJCANA.jpg)
How it happened: From law professor to high court in 4 years
Within weeks, she is likely to be the newest associate justice on the U.S. Supreme Court. First among them was the Supreme Court vacancy created by the death of Scalia, but they also dug deeper. Months later, in the fall of 2017, Trump set about updating his list of potential nominees to the Supreme Court. Trump and McGahn set about elevating Barrett's profile for the next opening on the high court โ- with Trump telling some aides he was โsavingโ her for Ginsburg's seat. โI am truly humbled by the prospect of serving on the Supreme Court,โ she said.
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GOP invests $10M in boosting Trump with Barrett confirmation
Supporters of President Donald Trump arrive by bus for a Trump campaign rally at Harrisburg International Airport, Saturday, Sept. 26, 2020, in Middletown, Pa. (AP Photo/Steve Ruark)WASHINGTON โ The Republican National Committee is putting Amy Coney Barrett's Supreme Court confirmation fight front and center with voters just weeks before Election Day. The confirmation battle will be featured in a new $10 million RNC digital ad campaign to encourage battleground state voters to return vote-by-mail ballots or go to the polls. The national party, in concert with President Donald Trump's campaign, is planning local events and protests across the country to support Barrettโs confirmation as well. The RNC on Saturday unveiled a website, ConfirmBarrett.com, to allow supporters to contact lawmakers to urge them to put Barrett on the court. It also anticipates trying to fundraise off the confirmation fight, including Democratic vice president nominee Kamala Harris' position on the Senate Judiciary committee.
![Bio highlights of Amy Coney Barrett, Trump's high court pick](https://www.ksat.com/resizer/lu8aQBlVCY8istfcwZaMKZDYcV8=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/UFOBJYOQXBCSRMTILOLEDGHPOI.jpg)
Bio highlights of Amy Coney Barrett, Trump's high court pick
This image provided by Rachel Malehorn shows Judge Amy Coney Barrett in Milwaukee, on Aug. 24, 2018. (Rachel Malehorn, rachelmalehorn.smugmug.com, via AP)WASHINGTON โ Hereโs a bio box on President Donald Trumpโs Supreme Court nominee. Amy Coney Barrett, age 48- A judge on the 7th Circuit Court of Appeals nominated by President Donald Trump in 2017 and considered once before by Trump for a high court seat; her three-year judicial record shows a clear and consistent conservative bent. - A graduate of the University of Notre Dame Law School and Rhodes College who has taught law at Notre Dame, worked for a Washington law firm and clerked for Supreme Court Justice Antonin Scalia. - A devout Catholic mother of seven and Louisiana native born in 1972, she would be the youngest justice on the current court if confirmed.
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The Latest: Graham: Court vote could be week before election
(AP Photo/Alex Brandon)WASHINGTON โ The Latest on the nomination of Amy Coney Barrett to the U.S. Supreme Court (all times local):9:50 p.m.Senate Judiciary Committee Chair Lindsey Graham says he hopes his committee will approve Amy Coney Barrettโs nomination to the Supreme Court by the week of Oct. 26, setting up a final confirmation vote on the Senate floor one week before the Nov. 3 presidential election. ____7:35 p.m.President Donald Trump says he thinks Judge Amy Coney Barrett will be confirmed to the Supreme Court before Election Day on Nov. 3. ___6:30 p.m.No Democratic senators are expected to vote to confirm Amy Coney Barrett to the Supreme Court ahead of the Nov. 3 election, even though some did support her in 2017 for the federal appeals court. The Senate Judiciary Committee will hold confirmation hearings for Judge Amy Coney Barrett, President Donald Trumpโs Supreme Court nominee, the week of Oct. 12. ___4:05 p.m.An airplane believed to be carrying likely Supreme Court nominee Amy Coney Barrett and her family has arrived at Joint Base Andrews.
![Amy Coney Barrett, Supreme Court nominee, is Scalia's heir](https://www.ksat.com/resizer/VLaT9OTVYdlOBu51yrWFSSwjKUE=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/EI56EUYJR5FRLANGXRRENLUDPM.jpg)
Amy Coney Barrett, Supreme Court nominee, is Scalia's heir
Judge Amy Coney Barrett listens as President Donald Trump announces Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House, Saturday, Sept. 26, 2020, in Washington. (AP Photo/Alex Brandon)CHICAGO โ Although Amy Coney Barrett is the presidentโs choice to replace Justice Ruth Bader Ginsburg, she is more aptly described as heir to another departed Supreme Court justice: conservative hero Antonin Scalia. President Donald Trump nominated the 48-year-old federal court appellate judge from South Bend, Indiana, at a Rose Garden press conference Saturday. Barrett has been a federal judge since 2017, when Trump nominated her to the Chicago-based 7th U.S. Barrett twice joined dissenting opinions asking for abortion-related decisions to be thrown out and reheard by the full court.
![AP Explains: What's next for Trump's Supreme Court pick?](https://www.ksat.com/resizer/W1ZW1ug9RZou4m5POzS4S09hx9Q=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/DZ4VUDDU4BEDZF2J56CM3HMGP4.jpg)
AP Explains: What's next for Trump's Supreme Court pick?
The Senate is ready to move quickly on a Supreme Court nominee. A confirmation vote so close to a presidential election would be unprecedented, creating significant political risk and uncertainty for both parties. Collins has said the next president should fill the court seat, and she will vote โnoโ on Trumpโs nominee on principle. No matter what happens in this yearโs election, Republicans are still expected to be in charge of the Senate during that period. DIDNโT MCCONNELL SAY IN 2016 THAT THE SENATE SHOULDNโT HOLD SUPREME COURT VOTES IN A PRESIDENTIAL ELECTION YEAR?
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Trump expected to announce conservative Barrett for court
(Erin Schaff/The New York Times via AP, Pool)WASHINGTON โ President Donald Trump is expected to announce Saturday that he is nominating Judge Amy Coney Barrett to the Supreme Court as he aims to put a historic conservative stamp on the high court just weeks before the election. When asked whether lawmakers were being told it was Barrett, Trump responded with a nod on the tarmac at Joint Base Andrews, before replying, โIs that what theyโre telling you?โโYouโll find out tomorrow,โ he went on to say, flashing a wide smile. The White House has already concluded a round of vetting this month, as Trump released an additional 20 names he would consider for the court. Trump had said he was considering five women for Ginsburg's seat, but Barrett was at the White House at least twice this week, including for a Monday meeting with Trump. The staunch conservativeโs 2017 appeals court confirmation on a party-line vote included allegations that Democrats were attacking her Catholic faith.
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Trump expected to announce conservative Barrett for court
WASHINGTON โ President Donald Trump is expected to announce Saturday that he is nominating Judge Amy Coney Barrett to the Supreme Court as he aims to put a historic conservative stamp on the high court just weeks before the election. Ever the showman, Trump remained coy about his choice Friday evening as he returned from a campaign swing. When asked whether lawmakers were being told it was Barrett, Trump responded with a nod on the tarmac at Joint Base Andrews, before replying, โIs that what theyโre telling you?โโYouโll find out tomorrow,โ he went on to say, flashing a wide smile. Trump had said he was considering five women for Ginsburg's seat, but Barrett was at the White House at least twice this week, including for a Monday meeting with Trump. The staunch conservativeโs 2017 appeals court confirmation on a party-line vote included allegations that Democrats were attacking her Catholic faith.
![Politics mixes with law as Trump closes in on court pick](https://www.ksat.com/resizer/gducsEUo2_MQ_4iioSm_i94JgDc=/1600x1016/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/GKG5RR7WQBHKTLFUVIOCA6XMXI.jpg)
Politics mixes with law as Trump closes in on court pick
Even before Justice Ruth Bader Ginsburgโs death last week, the president had tried to use likelihood of more Supreme Court vacancies to his political advantage. Supreme Court nominations are never entirely devoid of political considerations, but Trumpโs decision has been particularly wrapped up in a charged political moment. Even before Ginsburgโs death, Trump had done the same in 2020, releasing an additional 20 names he would consider for the court, and encouraging Democrat Joe Biden to do the same. โSo they donโt want to show the judges because the only ones that he can put in are far-left radicals,โ Trump said this week. โIf Joe Biden and the Democrats take power, they will pack the Supreme Court with far-left radicals who will unilaterally transform American society far beyond recognition,โ Trump said at a rally outside Toledo on Monday.
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Republican Maryland Gov. Larry Hogan says it would be a mistake to push through a Supreme Court pick before the election
Larry Hogan is a Republican leading a blue state. Credit: Jonathan Ernst/REUTERSLarry Hogan, Maryland's Republican governor, said in an interview for The Texas Tribune Festival that aired Wednesday that it would be a mistake for members of his party to push through a Supreme Court nominee before Election Day. "I don't think we should play partisan games with the Supreme Court," said the two-term governor of a blue state. A few Democrats have called for packing the court if former Vice President Joe Biden wins the presidency. Hogan is known to buck his party at times, most recently criticizing Trump for the federal government's coronavirus response.
![The Latest: Biden says Dems should "make the case" on court](https://www.ksat.com/resizer/8j08Rn95JW-SekQCQTN3WQBmEf0=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/QTKWDUPWJ5HUJAUMSHZUD3SKKI.jpg)
The Latest: Biden says Dems should "make the case" on court
The sun rises behind the Supreme Court in Washington, Wednesday, Sept. 23, 2020, before a private ceremony and public viewing of Justice Ruth Bader Ginsburg. (AP Photo/Patrick Semansky)WASHINGTON โ The Latest on the Supreme Court and the death of Justice Ruth Bader Ginsbur g (all times local):11:30 a.m.Joe Biden won't say if he is vetting a list of potential Supreme Court picks. Hundreds of mourners gathered in silence outside the Supreme Court as her casket arrived. The White House says President Donald Trump will pay his respects to the late Justice Ruth Bader Ginsburg on Thursday at the Supreme Court. The casket of the late Supreme Court Justice Ruth Bader Ginsburg has arrived at the Supreme Court for the start of two days of public viewing.
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Long lines of mourners pay respects to Ginsburg at court
WASHINGTON โ With crowds of admirers swelling outside, Supreme Court Justice Ruth Bader Ginsburg was remembered Wednesday at the court by grieving family, colleagues and friends as a prophet for justice who persevered against long odds to become an American icon. Since Ginsburgโs death Friday evening, people have been leaving flowers, notes, placards and all manner of Ginsburg paraphernalia outside the court in tribute. On Friday, Ginsburg will lie in state at the Capitol, the first woman to do so and only the second Supreme Court justice after William Howard Taft. Martin Ginsburg died in 2010. Ginsburgโs death has added another layer of tumult to an already chaotic election year.
![Not so hush-hush search: Trump airs thinking on court seat](https://www.ksat.com/resizer/7_PSsZ5du1Vbpne4b_-gsN2Q71E=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/KYMHWZY3UVDVJBIWM3EO2PVUSQ.jpg)
Not so hush-hush search: Trump airs thinking on court seat
WASHINGTON โ Barack Obama spent hours reading legal briefs as he mulled candidates for the Supreme Court. President Donald Trump has a style all his own for selecting a nominee for the high court. He's flying by the seat of his pants with his frequent public deliberations on replacing Ginsburg, a process thatโs moving at warp speed. Trump is holding little back, readily airing his thinking on the state of the deliberations. He settled on someone he knew well: Harriet Miers, a Texan who worked for Bush when he was governor and then as White House counsel.
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Some Dems, not yet Biden, talk of expanding Supreme Court
For now at least, Biden is spurning talk of court expansion, dubbed โcourt packingโ by its opponents, although the Democratic platform does include support for amorphous โstructural court reforms to increase transparency and accountability." In the Democratic primaries, Biden prevailed over candidates who supported big changes for the court, including former South Bend, Indiana, Mayor Pete Buttigieg. Roosevelt lost the fight in Congress over court expansion, though retirements soon eliminated FDR's need for legislation. One of the attractions of court expansion is that it does not require amending the Constitution, as imposing term limits on justices might. โThe conversation about court expansion is not so much about the court but restoring democracy.
!['Justice Joan' Larsen emerges as finalist for Supreme Court](https://www.ksat.com/resizer/0c51GDkJqf0iLdFRkQEGA6BHxD0=/1600x1115/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/CIXRYQQ22VCXTOBTLVEICP26F4.jpg)
'Justice Joan' Larsen emerges as finalist for Supreme Court
In just five years, Joan L. Larsen has gone from a little-known University of Michigan legal scholar to a prominent federal appeals court judge and now a candidate for the high court. For Trump, picking Larsen could give him a boost in the critical battleground state of Michigan, where she has raised her two children, advanced her career and won election to the state Supreme Court. At 52, Larsen would be a candidate who could serve on the high court for three decades or longer. Rick Snyder appointed her to fill a vacancy on the state Supreme Court in September 2015, praising her as a โsuperb attorneyโ who had experience in government, academia and private practice. She said that Scalia taught her โthat the law governs, not personal interest.โLarsen is married to University of Michigan law professor Adam Pritchard.
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White House lawyer Kate Todd in running for high court seat
Kate Comerford Todd is a deputy White House counsel, helping navigate Trump's White House through a thicket of legal issues. Her experience is otherwise diverse: she's twice counseled the White House, worked at a prestigious law firm and represented the interests of a leading business advocacy group. โShe is absolutely brilliant,โ said Helgi Walker, a partner at the Gibson Dunn law firm who also served as a Thomas law clerk and as an associate White House counsel to Bush. Amy Coney Barrett is emerging as the early favorite to be the nominee after he met with her Monday before leaving the White House to campaign in Ohio. At the White House, for instance, she has helped vet federal judges but much of her work has taken place outside of public view and outside the headlines.
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Who's a hypocrite? GOP, Dems debate past comments on court
Senate Majority Leader Mitch McConnell, R-Ky., departs the chamber after speaking about the death of Supreme Court Justice Ruth Bader Ginsburg, at the Capitol in Washington, Monday, Sept. 21, 2020. Democrats accuse the Kentucky Republican of blatant hypocrisy after McConnell refused to consider President Barack Obamaโs Supreme Court nominee, Judge Merrick Garland, eight months before the 2016 election. โThe American people,'' McConnell said then, "should have a voice in the selection of their next Supreme Court justice.'' So we stuck with the historical norm," McConnell said Monday as he recounted past fights over the Supreme Court. โAll the rights enshrined in our Constitution that are supposed to be protected by the Supreme Court of the United Statesโ are at stake.
![Senate GOP plans vote on Trump's court pick before election](https://www.ksat.com/resizer/79KyYqBjfhn8y4KpYpfTZacOmJM=/1600x999/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/SPMUBDSGWRF53PTXB4SZCBJJKQ.jpg)
Senate GOP plans vote on Trump's court pick before election
Sen. Mitt Romney, R-Utah, leaves the Senate Chamber following a vote, at the Capitol in Washington, Monday, Sept. 21, 2020. But under GOP planning, the Senate could vote Oct. 29. No court nominee in U.S. history has been considered so close to a presidential election. Elsewhere, as tributes poured in for Ginsburg with vigils and flowers at the courtโs steps, Democrats led by presidential nominee Joe Biden vowed a tough fight. Susan Collins of Maine and Lisa Murkowski of Alaska for opposing a Senate vote before elections.
![2020 serves another blow as Ginsburg's death ignites fight](https://www.ksat.com/resizer/cPbplBDKuIoU8UY5YQrCdpef2-E=/1600x1035/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/6BKZAATLINE2RHNS6CVS67EUTU.jpg)
2020 serves another blow as Ginsburg's death ignites fight
The political battle is being quickly joined over replacing Ginsburg on the Supreme Court. (AP Photo/Craig Ruttle, File)WASHINGTON โ Justice Ruth Bader Ginsburg's death drew mourners to the steps of the Supreme Court, where they sang โAmazing Graceโ in the dark. Inevitably, and against her last wishes, Ginsburg became a political football mere minutes after her death was disclosed Friday night. โBREAKING: The future of the Supreme Court is on the line,โ said a fundraising email from Republican Sen. Joni Ernstโs Iowa campaign shortly after the justice's death was announced. But not Christopher Scalia, son of the late Supreme Court Justice Antonin Scalia, a conservative foil to the liberal Ginsburg who also happened to be a dear friend.
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Biden to GOP senators: Don't jam through Ginsburg nominee
Democratic presidential candidate and former Vice President Joe Biden speaks at the Constitution Center in Philadelphia, Sunday, Sept. 20, 2020, about the Supreme Court. (AP Photo/Carolyn Kaster)WASHINGTON โ Joe Biden on Sunday slammed President Donald Trump and leading Senate Republicans for trying to jam through a replacement for the late Justice Ruth Bader Ginsburg and urged more senators to stand with a pair of GOP colleagues who oppose the election-season rush. It takes four Republicans to break ranks to keep Trump's nominee off the court. But Biden and other Democrats said voters should choose the next president, who should pick Ginsburg's successor. But he added, โIf I win this election, President Trumpโs nominee should be withdrawn and as the new president I should be the one to nominate Justice Ginsburgโs successor.โNonetheless, the process for replacing her moved swiftly ahead.
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A rapper, an elevator and an elephant: stories Ginsburg told
This image provided by the Supreme Court shows Supreme Court Justice Ruth Bader Ginsburg and Supreme Court Justice Antonin Scalia as they ride an elephant in Rajasthan, India, in 1994 . Ruth Bader Ginsburg died at her home in Washington, on Sept. 18, 2020, the Supreme Court announced. Ginsburg liked to note they had one important thing in common. โThey were much more reluctant to take a man away from his work than a woman," Ginsburg liked to explain. Ginsburg would sometimes ask audiences: โWhatโs the difference between a bookkeeper in New Yorkโs Garment District and a U.S. Supreme Court justice?"
![GOP senators confront past comments on Supreme Court vote](https://www.ksat.com/resizer/YmtWrwUc606xEOsi2_P0Koomqxg=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/OGUBKYAUMVE4HERZ2ZPXDOUB5E.jpg)
GOP senators confront past comments on Supreme Court vote
WASHINGTON โ Republican senators weighing what to do about the vacancy on the Supreme Court are facing questions about their own past comments amid complaints by Democrats that their views have shifted with changing political reality. A look at what key Republican senators were saying in the past โ and what they are saying now โ about filling a seat on the Supreme Court during an election year. Her comments to Alaska Public Radio on Friday also occurred before McConnell said the Senate will vote on Trump's nominee to replace Ginsburg. SEN. THOM TILLISTillis, a North Carolina Republican who serves on the Judiciary panel, was among several GOP senators in tough reelection battles to join Trump in calling for a swift vote on a Supreme Court nominee. His spokeswoman called a report that Romney would insist on delaying the vote until after Inauguration Day โgrossly false.โ Romney has never faced a vote on a Supreme Court nominee as a senator.
![Trumpโs list of possible Supreme Court nominees](https://www.ksat.com/resizer/KrENoKrwp2deQEcTSOMDgij-E38=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/RL473LCL5NDXDG3PL34DJEXHRM.jpg)
Trumpโs list of possible Supreme Court nominees
Trump had previously named more than 40 people he promised to choose from to fill a potential vacancy on the Supreme Court. He previously served as U.S. solicitor general, arguing over 100 cases before the U.S. Supreme Court. Clement was a clerk for Supreme Court Justice Antonin Scalia. Todd clerked for U.S. Supreme Court Justice Clarence Thomas. He formerly served as Solicitor General in Colorado, where he argued several cases in front of the Supreme Court.
![McConnell's legacy: Wielding majority power to reshape court](https://www.ksat.com/resizer/ikLgEmdVJTJEZojGefi3GdPBpB4=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/YO7JHNDYQFHQVERIFFAHL52IHQ.jpg)
McConnell's legacy: Wielding majority power to reshape court
Senate Majority Leader Sen. Mitch McConnell of Ky., takes the elevator as he leaves a Senate Republican policy meeting on Capitol Hill, Thursday, Sept. 17, 2020, in Washington. (AP Photo/Manuel Balce Ceneta)WASHINGTON โ Itโs legacy time for Senate Majority Leader Mitch McConnell. For better or worse, this will be how McConnellโs tenure as a Senate leader will be measured. Absent a robust legislative agenda aligned with Trump, McConnell set out on the Senateโs other main role โ confirmations. Along with the two Supreme Court justices, he has installed more than 200 federal appellate and trial court judges in the Trump era.
![Media celebrates Justice Ruth Bader Ginsburg's life, legacy](https://www.ksat.com/resizer/xGCfBADe97mwpKANSvcHmFnr8RU=/1600x2132/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/BAXDDJPHAFAHFETDWQGPLTLS7A.jpg)
Media celebrates Justice Ruth Bader Ginsburg's life, legacy
NEW YORK โ Across television and streaming services, the life and legacy of Supreme Court Justice Ruth Bader Ginsburg was already front and center Saturday, a day after her death at 87. โFor so many of us, Justice Ginsburg was a real-life superhero: a beacon of hope, a warrior for justice, a robed crusader who saved the day time and again," McKinnon said. On MSNBC, a past profile, โJustice Ginsburg,โ was re-broadcast as word of her death spread. Joining the live coverage will be Chris Scalia, a son of Ginsburg's close friend and colleague, late Supreme Court Justice Antonin Scalia. Fox News Channel will present a one hour special on the life and legacy of Ginsburg on Sunday at 10 p.m. Eastern, anchored by Shannon Bream.
![Is 8 enough? Court vacancy could roil possible election case](https://www.ksat.com/resizer/0FduSEC6fTm15SRstw6PXmMSxwE=/1600x1066/smart/filters:format(jpeg):strip_exif(true):strip_icc(true):no_upscale(true):quality(65)/cloudfront-us-east-1.images.arcpublishing.com/gmg/I6EGUGX7WRAFFDDAYT5TLGOQGE.jpg)
Is 8 enough? Court vacancy could roil possible election case
Any time the justices divide 4-4 in a case, the lower court ruling remains in place. If say, the court were to split that way in a case involving the election, the tie would ratify whatever the lower court decided. In 2016, โthe court actually did a pretty good job when the court had eight justices for a while. Any case that divides the court 4-4 after arguments could be held and set for a new round of arguments when the court is back at full strength. The Supreme Court has managed at less than its full nine-member strength at three points in the past 50 years, in 1970, 1987-88 and 2016.