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: documentcloud.org/documents/4999…
Here was North Dakota's opposition to the request. (The state hired William Consovoy in DC as outside counsel.) —> supremecourt.gov/DocketPDF/18/1…
In today's order, Justice Ginsburg, joined by Justice Kagan, dissented, noting that the "risk of voter confusion appears severe here" because different rules applied during the primary election. documentcloud.org/documents/4999…
Justice Kavanaugh did not participate. Also, as I've noted before, justices do not need to state their votes in applications like this. As such, all that we know is that a majority voted against vacating the stay, and that 2 of the 8 justices participating noted their dissent.
Those seeking to have the requirement — that a voter's ID have their "current residential street address" — enjoined say it discriminates against Native Americans in North Dakota. (The district court agreed.)
The state countered that the law is needed to prevent fraud and ensure that people are getting the right ballots.
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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: buzzfeed.com/chrisgeidner/c…
#SCOTUS, Oct. 9, 2018: Justice Brett Kavanaugh’s first day on the court, as a small group of protesters remain: “This isn’t over.”
President Trump apologizes to Kavanaugh: “You, sir, under historic scrutiny, were proven innocent.” All other nine justices are sitting in the front row.
EIGHT JUSTICES. SORRY.
Kavanaugh was not, of course, “proven innocent,” as it was not a trial.
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. —> buzzfeednews.com/article/chrisg…
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). buzzfeednews.com/article/chrisg…
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: supremecourt.gov/about/oath/tex…
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. washingtonpost.com/politics/court…