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Chaos marks start of Kavanaugh confirmation hearing
Court Line News |
2018/09/01 23:35
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Quarreling and confusion marked the start of the Senate's confirmation hearings for Supreme Court nominee Brett Kavanaugh on Tuesday, with Democrats trying to block the proceedings because of documents being withheld by the White House. Protesters also disrupted the proceedings.
In his opening remarks released ahead of delivery, Kavanaugh sought to tamp down the controversy over his nomination, which would likely shift the closely divided court to the right. He promised to be a "team player" if confirmed, declaring that he would be a "pro-law judge" who would not decide cases based on his personal views.
But Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. They want to review 100,000 documents about Kavanaugh's record being withheld by the White House as well as some 42,000 documents released to the committee on a confidential basis on the eve of the hearing, along with others not sought by Republicans on the committee.
"We have not been given an opportunity to have a meaningful hearing on this nominee," said Sen. Kamala Harris, D-Calif. Sen. Richard Blumenthal, D-Conn., made a motion to adjourn.
Grassley denied his request, but the arguments persisted.
More than a dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. "This is a mockery and a travesty of justice," shouted one woman. "Cancel Brett Kavanaugh!"
Grassley defended the document production as the most open in history, saying there was "no reason to delay the hearing. He asked Kavanaugh, who sat before the committee with White House officials behind him, to introduce his parents, wife and children.
"I'm very honored to be here," Kavanaugh said.
With majority Republicans appearing united, it's doubtful the hearings will affect the eventual confirmation of President Donald Trump's nominee. But they will likely become a rallying cry for both parties just two months before the midterm elections.
Kavanaugh declared he would be even-handed in his approach to the law.
"A good judge must be an umpire, a neutral and impartial arbiter who favors no litigant or policy," Kavanaugh said in prepared opening remarks. "I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge."
"I would always strive to be a team player on the Team of Nine," he added.
The Supreme Court is more often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into two sides, conservative and liberal. But the justices often say they seek consensus when they can, and they like to focus on how frequently they reach unanimous decisions. |
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Kavanaugh's support for surveilling Americans raises concern
Court Line News |
2018/08/28 10:18
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Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.
It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.
Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.
But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.
Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."
Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.
"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.
Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.
Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context.
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Israeli court allows entry to Hamas kin for medical care
Court Line News |
2018/08/26 10:18
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Israel's Supreme Court has ruled that five critically ill women from Gaza may enter Israel for urgent medical treatment despite a government decision preventing relatives of Hamas members from doing so.
The five women appealed to the court last month after their requests to enter Israel were rejected on the grounds of their relation to Hamas members.
The government decision denies entry for health care to relatives of Hamas members and is meant to exert pressure Gaza's rulers who currently hold the remains of two Israeli soldiers.
The court ruled late Sunday that the government decision was unreasonable and could not stand up to a legal test.
Four human rights groups representing the women said the government was using them and others seeking care unavailable in Gaza as "bargaining chips."
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Lawyers will seek to shift blame for warehouse fire at trial
Court Line News |
2018/08/18 18:00
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Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials.
Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.
Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense.
Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues. |
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N Carolina Supreme Court race lawsuit returning to court
Court Line News |
2018/08/10 23:17
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A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court.
A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month.
The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican.
Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.
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Filing period opens for West Virginia Supreme Court seat
Court Line News |
2018/08/06 11:24
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The filing period has begun for a special election for the West Virginia Supreme Court.
The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.
Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.
Ketchum announced his retirement last month. He had two years remaining in his term.
Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison.
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