Author Archives: Kimberly Robinson

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?

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

Photo by Chip Somodevilla/Getty Images

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

U.S. President-elect Donald Trump, left, and First Lady-elect Melania Trump exit after a meeting with Senate Majority Leader Mitch McConnell, a Republican from Kentucky, not pictured, the U.S. Capitol in Washington, D.C., U.S., on Thursday, Nov. 10, 2016. Photographer: Pete Marovich/Bloomberg

Confirmed: Trump Will Pick From SCOTUS List

President-elect Donald Trump will choose the next nominee for U.S. Supreme Court justice from the lists of 21 candidates released earlier this year by his campaign, Kellyanne Conway, Trump’s campaign manager said on Wednesday. “You’ve seen the list of 21. The list has not changed,” she said. There had been some question that Trump may

Photographer: Andrew Harrer/Bloomberg

SCOTUS May Choose Senate in Advice and Consent Fight

By Kimberly Strawbridge Robinson, Bloomberg BNA A fight over the president’s power to fill temporary vacancies without the advice and consent of the Senate played out at the U.S. Supreme Court Nov. 7. The parties agree that Congress passed the 1998 Federal Vacancies Reform Act to regain the power it had lost when presidents from

Photographer: Andrew Harrer/Bloomberg

SCOTUS Won’t Halt Ohio Voting Constraints

Refusing to jump into the fray just a week before the presidential election, the U.S. Supreme Court decided not to halt Ohio’s 2014 changes to provisional and absentee voting. Thousands of “indisputably eligible voters will be disenfranchised in the upcoming presidential election” challengers to Ohio’s 2014 provisional and absentee voting rules told the high court in

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