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Kavanaugh to attend White House event, as elections loom
U.S. Court News | 2018/10/11 11:07
New Supreme Court Justice Brett Kavanaugh is returning to the White House for a televised appearance Monday with President Donald Trump less than a month before pivotal congressional elections.

Kavanaugh will take part in an entirely ceremonial swearing-in two days after he officially became a member of the high court and following a bitter partisan fight over his nomination. The event is unusual for new justices. Only Samuel Alito and Stephen Breyer participated in a White House event after they had been sworn-in and begun work as a justice, according to the court's records on oath-taking by the current crop of justices.

Kavanaugh, along with his law clerks, already has been at the Supreme Court preparing for his first day on the bench Tuesday when the justices will hear arguments in two cases about longer prison terms for repeat offenders. The new justice's four clerks all are women, the first time that has happened.

The clerks are Kim Jackson, who previously worked for Kavanaugh on the federal appeals court in Washington, Shannon Grammel, Megan Lacy and Sara Nommensen. The latter three all worked for other Republican-nominated judges. Lacy had been working at the White House in support of Kavanaugh's nomination.

In his Senate testimony last month in which he denied allegations that he sexually assaulted a woman in high school, accusing Democrats of orchestrating a partisan campaign against him, Kavanaugh had promised that, if he was confirmed, the four clerks working for him would be women. "I'll be the first justice in the history of the Supreme Court to have a group of all-women law clerks. That is who I am."

On Monday, Trump kept up attacks on Democrats for opposing Kavanaugh, pressing on an issue that Republicans have used to energize their voters.



Court to explore competency claim of ailing Alabama inmate
U.S. Court News | 2018/10/01 23:24
The U.S. Supreme Court will hear arguments Tuesday in the case of an inmate sentenced to death for killing an Alabama police officer in 1985 but who lawyers say can no longer remember the murder because of stroke-induced dementia.

Justices will decide if it would violate the constitutional ban on cruel and unusual punishment to execute Vernon Madison, 68, because of the mental declines he has experienced resulting from strokes. Madison was convicted of killing Mobile police officer Julius Schulte in 1985.

The U.S. Supreme Court has said death row prisoners must have "rational understanding" that they are about to be executed and why.

Atorneys for Madison say he has an IQ score of 72, suffers from vascular dementia and memory loss as a result of brain damage from several strokes and "does not remember the crime for which he has been convicted and does not have a rational understanding of why the state of Alabama seeks to execute him."

"The execution of Vernon Madison consequently is prohibited by the Eighth Amendment's essential commitment to human dignity," attorney Bryan Stevenson of the Equal Justice Initiative wrote.

Madison's lawyers in court filings described him as a physically and mentally frail man who attended a competency hearing in a wheelchair. They say he is incontinent, legally blind, frequently confused, can no longer recite the alphabet and repeatedly asks for his deceased mother to visit him.

A state court in 2016 ruled that Madison was competent. A neuropsychologist hired by the defense team said that Madison has no independent recollection of the murder. A court-appointed psychologist found that while Madison had suffered a mental and physical decline, he was able to recall details of his case and appeals.

The Alabama attorney general's office cast doubt on the defense description of Madison's mental state in court filings. They argued he claimed as far back as 1990 to have amnesia about the murder and that the court-appointed expert concluded he could recall and understood many details about his life, trial and looming death sentence.


Trump picks combat over caution in court fight
U.S. Court News | 2018/09/21 15:51
White House aides and congressional allies worked all week to keep President Donald Trump from unloading on the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual misconduct.

But as Kavanaugh's nomination hung in the balance, Trump couldn't contain his frustration any longer and unleashed a direct Twitter attack on the credibility of Christine Blasey Ford, who says Kavanaugh sexually assaulted her decades ago during a high school party.

Friday's tweet landed with a splat in the noxious brew of gender and politics that has taken over a high-stakes confirmation battle playing out against the backdrop of the #MeToo movement. In keeping with Trump's natural instinct to fight back when under attack, as well as his long pattern of defending powerful men against the claims of women, the president's tweet reflected growing anger over all the focus on Ford's accusation.

Trump initially believed he could support his nominee without wading into the specific allegations against Kavanaugh since they did not involve him. But that began to change as Trump watched ongoing coverage of the accusations, particularly on Air Force One TVs tuned into Fox News on his long flight Thursday from Washington to Las Vegas, according to a White House official and a Republican close to the White House. Both spoke on condition of anonymity because they were not authorized to discuss private conversations.


Senate begins final day of Supreme Court nominee hearings
U.S. Court News | 2018/09/07 12:06
Senators began the fourth and final day of hearings for Supreme Court nominee Brett Kavanaugh on Friday, but with the nominee finished answering questions the day they seemed unlikely to alter his path to confirmation.

Senate Democrats worked into the night Thursday in a last, ferocious attempt to paint Kavanaugh as a foe of abortion rights and a likely defender of President Donald Trump. But after two marathon days in the witness chair in a Senate hearing room, Kavanaugh appeared on his way to becoming the court's 114th justice.

The 53-year-old appellate judge stuck to a well-rehearsed script throughout his testimony, providing only glimpses of his judicial stances while avoiding any serious mistakes that might jeopardize his confirmation. In what almost seemed like a celebration Thursday, Kavanaugh's two daughters returned to the Senate Judiciary Committee hearing room for the final hours of testimony, accompanied by teammates on Catholic school basketball teams their father has coached.

On the schedule Friday are more than two dozen witnesses on both sides of the nomination fight. Democratic witnesses include John Dean, Richard Nixon's White House counsel who cooperated with prosecutors during the Watergate investigation, and Rochelle Garza, the legal guardian for a pregnant immigrant teenager whose quest for an abortion Kavanaugh would have delayed last year.

On the Republican side, former solicitors general Theodore Olson and Paul Clement will testify in support of the nominee, along with former students, law clerks and the mother of a basketball player Kavanaugh coached.



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