A brief reaction to the travel-ban litigation, and to the end of the Supreme Court’s Term generally: Article II conservatism is alive and well. Let me explain.
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On Monday, the Supreme Court’s tumultuous 2016 term is scheduled to draw to an end. But will it? All of the briefing in the travel ban litigation has been filed, and the cases are ready for the Court’s ruling. There are (at least) six possible options for resolving this matter.
1. Hold a Special Session in July
Yesterday the Supreme Court granted certiorari in Carpenter v.
Last night, President Trump nominated Judge Neil Gorsuch of the Tenth Circuit Court of Appeals to fill the ninth seat on the Supreme Court. We have mined Judge Gorsuch’s opinions in the areas likely of interest to Lawfare’s readers — immigration, separation of powers, the Fourth Amendment, administrative law, international law, and foreign affairs.
Over at Time I have an essay on the Garland nomination. Following on a point Ben made yesterday, I argue:
Judge Merrick Garland has some experience with what he is about to go through: being stonewalled by senators who profess to have nothing against him. Back in 1995, when he was nominated to the D.C. Circuit Court of Appeals, Senator Charles Grassley—now the Judiciary Committee’s Chairman—blocked his nomination for more than a year, all the while claiming he had no problem with Garland himself.