Chris Geidner Profile picture
Oct 9, 2018 12 tweets 4 min read Twitter logo Read on Twitter
Off to #SCOTUS, where Justice Brett Kavanaugh has joined the court and will be hearing arguments in two criminal sentencing cases today.
Another person to watch: Chief Justice John Roberts, who now gets to decide what to do with his Supreme Court. Read my story about that aspect of this change:…
#SCOTUS, Oct. 9, 2018: Justice Brett Kavanaugh’s first day on the court, as a small group of protesters remain: “This isn’t over.”
Orders coming at 9:30a. #SCOTUS
#SCOTUS grants no new cases this morning.
Justice Sotomayor wrote a statement "respecting the denial of certiorari" in a pair of cases raising questions about solitary confinement — a "deeply troubling concern," she wrote.
The cases are Apodaca v. Raemisch (17-1284) and Lowe v. Raemisch (17-1289).
Sotomayor notes her agreement w the court's decision not to grant cert here due to "arguments unmade and facts underdeveloped below." Citing repeatedly to Kennedy's past writings on solitary confinement, though, it sure looks like Sotomayor has decided to take on the issue.
Off to the courtroom. Back later.
Out of the first arguments. With heightened security today — the whole marble plaza was blocked off by metal fencing — the mood was a bit tense at the court, but there were no interruptions during the case over federal criminal sentencing law. #SCOTUS
Once the justices took the bench, Chief Justice Roberts said it was a “great pleasure” to welcome Justice Kavanaugh to the court, wishing him a “long and happy career” at #SCOTUS. Roberts also took a moment to thank Justice Kennedy, who was in attendance, for his service.
Kavanaugh asked multiple questions in his first case sitting as a justice, still sounding a bit like an intermediate court judge at moments. At one point, for example, he asked something like, “How do we understand what the court meant” by language in a prior #SCOTUS ruling.
A bit interestingly, there was a continued sense of the compromising spirit that animated last week’s arguments. (See:…) Of course, this is a statutory interpretation, and not a constitutional, case, and not even a high-profile one of those. So: Stay tuned.

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More from @chrisgeidner

Oct 9, 2018
Breaking: #SCOTUS allows North Dakota voter ID requirement, which had been enjoined during the primaries, to be enforced during the general election.
Here was the filing asking #SCOTUS to lift the stay that had been entered by the 8th Circuit of the district court's injunction:…
Here was North Dakota's opposition to the request. (The state hired William Consovoy in DC as outside counsel.) —>…
Read 8 tweets
Oct 8, 2018
President Trump apologizes to Kavanaugh: “You, sir, under historic scrutiny, were proven innocent.” All other nine justices are sitting in the front row.
Kavanaugh was not, of course, “proven innocent,” as it was not a trial.
Read 9 tweets
Oct 8, 2018
My latest —> Chief Justice John Roberts Now Gets To Decide What To Do With His Supreme Court… #SCOTUS
Back in January 2017, I wrote about how the chief justice had handled the 8-justice court after Scalia's death, a pattern I'd been watching since the marriage cases and have been slightly obsessed with since. —>…
In January of this year, I put down what I'd been observing — an ever-so-slight shift from the chief — into words, noting how it wasn't quite clear yet why it was happening (or what Kennedy's departure would mean for it).…
Read 5 tweets
Oct 7, 2018
It’s ridiculously hot out for October. I also saw a buffalo today. I don’t know if they’re related. ¯\_(ツ)_/¯
(Yes, I’m taking the day off. A Star Is Born tonight! Back tomorrow.)
Going ✈️ Gaga
Read 4 tweets
Oct 6, 2018
The scene outside the Supreme Court right now is unreal.
Brett Kavanaugh's Supreme Court Confirmation Vote Was One Of The Closest In US History… #SCOTUS
Only one Supreme Court nominee was confirmed on a closer vote. That vote was in 1881.…
Read 12 tweets
Oct 6, 2018
After the vote, and presuming all goes as expected, it's just a matter of paperwork passing hands until Judge Brett Kavanaugh could be sworn in. (Of course, neither the Supreme Court nor White House are saying anything about this until the vote is done.)
Here's information about the two oaths — a constitutional oath and judicial oath — that Kavanaugh would need to take before "execut[ing] the duties of their appointed office," as the court puts it:…
Gorsuch took the constitutional oath at the Supreme Court just three days after his confirmation, and the judicial oath was administered by Justice Kennedy at the White House.…
Read 8 tweets

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