Author Archives: Kimberly Robinson

Senator Chuck Grassley, a Republican from Iowa and chairman of the Senate Judiciary Committee, left, listens while Senator Dianne Feinstein, a democrat from California and ranking member of the Senate Judiciary Committee, speaks. Photographer: Pete Marovich/Bloomberg

Comey Firing Could Wake a Constitutional Wolf

Comey Firing Could Wake a Constitutional Wolf

Two senators are seeking to force the Trump Administration’s hand on appointing an independent prosecutor to investigate possible links between President Donald Trump’s campaign and Russia’s alleged efforts to influence the 2016 election. Former FBI Director James B. Comey had been leading the criminal investigation into those links, despite longstanding calls from Democrats to appoint an independent counsel. Comey’s abrupt

Neil Gorsuch, Supreme Court nominee for U.S. President Donald Trump, gestures during a Senate Judiciary Committee confirmation hearing in Washington, D.C., U.S., on Tuesday, March 21, 2017. Photographer: Andrew Harrer/Bloomberg

Gorsuch Vote: 5 Top Issues From Senate Hearings

By Kimberly Strawbridge Robinson, Bloomberg BNA “The independence and integrity of the judiciary is in my bones,” U.S. Supreme Court nominee Neil Gorsuch told senators during his confirmation hearing. The statement came in response to tough questioning from Democrats regarding his independence from President Donald Trump. Minority Leader Chuck Schumer (D-N.Y.) has already said that

Alan Levine for the defendants gives opening statements before Judge Jed Rakoff and seated colleagues on Monday, November 2, 2002.  Artist: Shirley Shepard via Bloomberg News.

Did Rakoff’s Rando Circuit Judge Swap Lead to SCOTUS Insider Trading Decision?

A fortuitous panel assignment in the Ninth Circuit allowed District Court Judge Jed Rakoff to craft the decision that ultimately unseated a ground-breaking insider trading opinion from his home circuit. The U.S. Supreme Court sided with the retired New York judge Dec. 6 when it held that a close relationship between a tipper and tippee

Photo by Chip Somodevilla (Getty Images)

Little Confidence in Trump from ConLaw Scholars

President-elect Donald Trump doesn’t take the oath of office until Jan. 20, but several constitutional law scholars are already questioning whether he’ll uphold it. “Although we sincerely hope that you will take your constitutional oath seriously, so far you have offered little indication that you will,” 42 constitutional law scholars said in an open letter

A "Photo ID Required Today" sign hangs at the entrance of a polling location during the presidential primary vote in Waukesha, Wisconsin, U.S., on Tuesday, April 5, 2016. Wisconsin voters went to the polls Tuesday to decide whether Donald Trump's latest self-inflicted wounds are deep enough to deny him a win in the state's Republican primary, and, in turn, to diminish his hopes of winning the presidential nomination. Photographer: Daniel Acker/Bloomberg

SCOTUS Seeks Clearer Rules for Drawing Voter Lines

The U.S. Supreme Court was searching for clarity in a murky area of the law in a redistricting double-header at the court Dec. 5. The court heard racial gerrymandering challenges to Virginia and North Carolina redistricting maps. At issue is whether those states unconstitutionally allowed race to “predominate” during the redistricting process. It was unclear

Photo by Patrick T. Fallon/Bloomberg

Five Things You Didn’t Know About the Emoluments Clause

The often-overlooked emoluments clause of the U.S. Constitution has come into the spotlight after Donald Trump’s presidential victory. The clause, at Art. I, §9, cl. 8 of the U.S. Constitution, was also included in the Articles of Confederation. It was “motivated by a fear of corruption,” according to the National Constitution Center’s Interactive Constitution. It

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‘Snookered’ Supreme Court Pushes Back in Billion Dollar Antitrust Case

The U.S. Supreme Court sent a clear signal on Nov. 17: No more bait-and-switch tactics. The court “dismissed as improvidently granted” — or “DIG”ged — an antitrust case involving billions of dollars and household names like Visa, MasterCard, Bank of America and JP Morgan Chase, Visa Inc. v. Osborn, U.S., No. 15-961, dismissed 11/17/16. The

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Style or Substance? Which Made Scalia (In)Famous?

Justice Antonin Scalia is one of the most cited Supreme Court justices of all time, former Scalia clerk Brian T. Fitzpatrick, now a professor at Vanderbilt Law School, Nashville, said Nov. 17. But it’s hard to determine “what’s doing most of the work,” Fitzpatrick said. Is it the substance of Scalia’s writing, or his style

Photographer: Andrew Harrer/Bloomberg

Coming Soon: Trump Supreme Court Nominee

A full U.S. Supreme Court bench is likely by the end of the current term, which ends in June, Reginald J. Brown, of Wilmer Cutler Pickering Hale and Dorr LLP, Washington, told Bloomberg BNA Nov. 14. There will likely be a flurry of activity in the Senate Judiciary Committee next year, in stark contrast to