High Court’s Liberals in Limbo as Nomination Proceeds

The Supreme Court’s liberal wing was outgunned before Ruth Bader Ginsburg’s death. It’s about to get worse should President Trump’s latest nominee, Amy Coney Barrett, be confirmed as expected.

Liberal Wing: The court’s four liberals managed to eke out some recent wins when conservative justices occasionally crossed over to build majorities. That becomes much tougher with a 6-3 majority, which requires winning over two conservatives and makes the prospects all the dimmer of shielding Obamacare in a case scheduled for argument early this term or saving Roe v. Wade from further erosion in future cases. Jordan Rubin and Kimberly Robinson report.

Marshall-Ginsburg Parallel: Barrett’s confirmation would also mean Ruth Bader Ginsburg will have one more thing in common with Thurgood Marshall, the nation’s first Black justice: being replaced with an ideological mirror-image who may wind up undoing much of what they fought for in their careers and on the court. Clarence Thomas replaced Marshall in 1991. Kimberly Robinson and Jordan Rubin report.

Barrett’s Record: Barrett’s academic writings and 100 opinions and six dissents as a judge give some clues about how she approaches issues such as gun rights, criminal procedure, judicial restraint, and how judges should approach precedent. Perry Cooper reports.

On the Seventh Circuit, Barrett argued against blanket bans on convicted felons possessing firearms in a federal appeals court dissent that has won plaudits from gun rights supporters and raised concerns among gun control advocates. Perry Cooper reports.

Republican Plans: Senate Republicans have signaled plans for a quick confirmation of Barrett with Senate Judiciary Committee hearings kicking off on Oct. 12. Barrett’s confirmation seems assured given the Republican majority in the Senate and President Trump is optimistic that the new justice can be seated before the Nov. 3 presidential election. Michael Riley and Tony Czuczka report.

Conflicted Spouse: Barrett’s husband, litigator and white collar criminal defense attorney Jesse Barrett, faces a unique career decision for lawyers whose spouses join the high court. Chris Opfer and Roy Strom report.

DAILY BRIEF

Business of Law

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Ethics

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Other News

Democrats Focus on Health Care in Opposing Trump Court Pick
Democrats, including Joe Biden, zeroed in on the risk to Americans’ health-care coverage in previewing the tactics they’ll use to oppose the confirmation of Amy Coney Barrett, President Donald Trump’s new Supreme Court pick.

POLITICS OF THE NOMINATION

Democrats Aim for Court Fight Focused on Politics, Not Personality
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WAKE-UP CALL

Wake Up Call: Law Firm Leasing Sinks in First Half of 2020
In today’s column, Skadden poached a top M&A lawyer from Freshfields in London; President Trump’s nomination to replace Ruth Bader Ginsburg on the Supreme Court, federal court judge Amy Coney Barrett, looks headed for a contentious Senate confirmation process; House Democrats plan to introduce a bill that would limit future Supreme Court justice terms to 18 years; general counsel recently talked about the importance of using their buying power to get better diversity results from their outside law firms; some GCs responded to recent flak for allegedly not matching their tough talk on diversity with real action.

PRACTITIONER INSIGHTS

Is the Moment to Create a Culture of Safety, Respect
We are in a historic moment in time and it is imperative that business leaders lead efforts to create a workplace culture that instills safety and respect among all employees. Morgan Lewis labor and workplace culture attorneys take lessons from the #MeToo experiences and suggest ways to ensure all employees feel valued and heard.

DOL ‘Best Interest’ Proposal Not Aligned With Federal, State Rules
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CFTC Panel Calls for Sweeping Climate Change Risk Regulation
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