Adam Liptak
@adamliptak
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Supreme Court reporter for The New York Times
Joined April 2009
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BREAKING: Supreme Court, splitting 5-4, rejects challenge from California church to public gathering restrictions. Roberts joined the liberal justices to form a majority.
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Breyer and Kagan start asking questions at the same time. Breyer proceeds.
Breyer: "We're probably going to ask the same question."
Kagan: "I doubt it."
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BREAKING: The Supreme Court denies Pennsylvania Republicans’ election challenge
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BREAKING: By 5-to-4 vote, the Supreme Court lifts California's Covid restrictions on prayer meetings in homes.
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NEW: A statement from Justices Sotomayor and Gorsuch:
"Reporting that Justice Sotomayor asked Justice Gorsuch to wear a mask surprised us. It is false. While we may sometimes disagree about the law, we are warm colleagues and friends."
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Justice Thomas: "Let's say I was a Prince fan. Which I was in the 80's"
Justice Kagan: "No longer?"
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I’ve covered five other Supreme Court confirmation hearings. None of them included anything like the chaos in the opening minutes of the Kavanaugh hearings this morning.
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NEW: Justice Ginsburg says she has cancer again. She says she plans to stay on the court.
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PACER charges 10 cents a page for electronic access to federal court filings. Actual cost of storage and transmission, by one estimate: $0.0000006 per page. What access to public records ought to cost: zero.
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HUGE: Supreme Court rules that federal civil rights law protects gay and transgender workers.
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NEW: Justice Amy Coney Barrett turns down request from students at Indiana University to block its vaccine mandate.
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NEW: RBG discharged from hospital. She’s at home and doing well, per a Supreme Court spokeswoman.
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BREAKING: Supreme Court won’t halt Texas law banning most abortions after six weeks of pregnancy. The vote is 5 to 4, with Roberts joining the liberals in dissent.
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Charming statement from Chief Justice Roberts on Justice Breyer’s retirement
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A round of applause, please, for Calvin Duncan, a former jailhouse lawyer whose relentless advocacy led to a landmark decision today on unanimous juries.
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Unnamed donors, sitting judges, secrecy pledges and loyalty oaths at Heritage Foundation “training academy” for law clerks. After questions from The Times, the passages below were deleted from the application materials.
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It took a year and 45 days to build the Empire State Building.
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Told she was the Beyonce of jurisprudence, Justice Ginsburg said she preferred J. Lo
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Seth Waxman, at NCAA argument, call Justice Thomas “Mr. Chief Justice.” Thomas says he appreciates the promotion. Roberts responds that the job isn’t open.
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BREAKING: Trump can’t block release of his financial records to NY prosecutors but lower courts must take another look at whether Congress may see them.
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Ninth Circuit won’t reinstate President Trump’s travel ban
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BREAKING: Supreme Court to decide whether Title VII, which bars sex discrimination, covers gay and transgender workers
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Justice Ginsburg, in a statement sent last night to the National Constitution Center, on receiving its Liberty Medal.
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“I have wondered if black people even have souls,” said a juror in a death penalty case. On Monday, the Supreme Court called for a legal do-over.
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BREAKING: The Supreme Court will hear arguments by telephone in May, including in the Trump financial records cases. "The court anticipates providing a live audio feed of these arguments to
news media."
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BREAKING: A new conservative majority at the Supreme Court reverses course on Covid restrictions on houses of worship. Before RBG’s death, the court approved restrictions by 5-4 votes. Now, also 5-4, court goes the other way, with ACB in majority.
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#SCOTUS
news: The next day for decisions is Monday. Eight left, including two on Trump’s financial records.
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Over dissents of Thomas, Alito and Gorsuch, Supreme Court grants stay of execution to Georgia inmate whose trial was tainted by racist juror
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A reader wrote to me suggesting a connection between the Manhattan hush-money trial and Thursday’s immunity argument at the Supreme Court. In slow-walking the immunity case, the reader wrote, the justices are engaged in their own catch-and-kill operation.
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NEW: Supreme Court won’t stop limits on voting in Florida by ex-felons.
Sotomayor, dissenting: “This court’s order prevents thousands of otherwise eligible voters from participating in Florida’s primary election simply because they are poor.”
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BREAKING: The Supreme Court blocks partisan-gerrymandering rulings from Michigan and Ohio that had required new voting maps. No noted dissents. The court will issue rulings on partisan gerrymandering in two other cases in the next few weeks.
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As is traditional, black wool crepe has been draped over Justice Ginsburg’s chair and the bench in front of it.
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BREAKING: The Supreme Court ends President Biden’s eviction moratorium. Justices Breyer, Sotomayor and Kagan dissent.
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Odd development at
#SCOTUS
: It will issue one or more decisions on Wednesday, in the midst of its mid-winter break.
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Here's the order, Chief Justice Roberts's concurrence and Justice Kavanaugh's dissent:
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BREAKING: Supreme Court rejects Texas’ election challenge, saying it “has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”
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Justice Kavanaugh was at work on Sunday in Justice Alito’s old chambers, preparing for the week’s arguments with his four law clerks, all women (a record)
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Can a campaign finance violation be an impeachable offense? The evidence from 1787 suggests the answer is yes.
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NEW: Biden administration tells the Supreme Court that it has switched the government’s position in the ACA case, now saying the law should be upheld.
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Justice Gorsuch will address a conservative group next month, at the Trump International Hotel, naturally
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Judge Jed Rakoff, dismissing Sarah Palin’s libel suit against The New York Times
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NEW: The Supreme Court announces that it will continue to hear arguments by telephone through the end of the year.
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BREAKING: Supreme Court turns down Trump’s request to block release of Jan. 6 files.
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NEW: Ted Olson to represent “dreamers" in the Supreme Court case challenging the Trump administration’s efforts to rescind DACA
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Supreme Court blocks Louisiana abortion law while case moves forward. Vote was 5-4, with Chief Justice Roberts joining the four liberals.
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Justice Kagan, from the bench in partisan gerrymandering case: “With respect but deep sadness, Justices Ginsburg, Breyer, Sotomayor and I dissent."
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At the end of Justice Breyer’s last argument, Chief Justice Roberts grew emotional as he said goodbye. “For 28 years,” he said of his friend, "this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly."
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JUST IN:
“Heritage is reevaluating the Federal Clerkship Training Academy. As a result, the program will not go on as scheduled.” – Greg Scott, director of media at The Heritage Foundation.
Unnamed donors, sitting judges, secrecy pledges and loyalty oaths at Heritage Foundation “training academy” for law clerks. After questions from The Times, the passages below were deleted from the application materials.
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Thirty years ago, a Yale law student named Brett Kavanaugh called for vigorous efforts to combat race discrimination in jury selection. Next month, the Supreme Court will take up the issue in the Curtis Flowers case.
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Decision in travel ban case coming today, per Ninth Circuit spokesman.
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Supreme Court says Judge Kavanaugh will be sworn in today, by Chief Justice Roberts and Justice Kennedy. He’ll be on the bench on Tuesday
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My editors tell me that my look at two of the leading contenders for the Supreme Court vacancy clocked in at 1776 words. Because I’m a patriot. Happy Fourth!
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Hip-hop stars including Chance the Rapper, Meek Mill, Killer Mike and 21 Savage are urging the Supreme Court to hear the case of a Pittsburgh rapper sent to prison for threatening police officers -- in a song
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Domineque Ray, a Muslim inmate set to be executed Thursday, wanted his imam present. But Alabama said he could only have a Christian chaplain. Eleventh Circuit issues stay, citing "powerful Establishment Clause claim.”
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Today at the Supreme Court: The case of Curtis Flowers, a black man tried six times for murder by a white prosecutor determined to keep blacks off of his juries.
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When a lawyer fingers his client under oath while pleading guilty to serious crimes, the client is ordinarily in big legal trouble. Is President Trump?
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Supreme Court Allows Trial on Census Citizenship Question to Go Forward
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In three opinions over eight days last month, Justice Thomas questioned New York Times v. Sullivan, Roe v. Wade and Gideon v. Wainwright.
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The New York Times has a very deep bench. Once in a while, as
@DavidBarstow
once said, “the spotlight swivels and you're the man and you need to deliver.” The spotlight has been shining hard on Donald G. McNeil Jr., and man is he delivering.
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Judge Brett Kavanaugh’s confirmation to the Supreme Court was a triumph for the conservative legal movement. But it came at a cost to the court’s stature.
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NEW: RBG heading home from the hospital. “The justice will return to The John’s Hopkins Hospital in Baltimore, Maryland, for follow-up outpatient visits over the next few weeks to eventually remove the gallstone non-surgically."
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NEW: Supreme Court all of a sudden seems interested in Texas abortion providers’ motion to expedite consideration of its petition for cert. before judgment
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Thanks to the Ninth Circuit for its responsiveness and transparency in providing public access to today’s argument.
Court says 137K viewers "was, by far, the largest audience for an oral argument" since 9th Circuit began live streaming ~2 yrs ago
#WAvTrump
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RBG has died of "complications of metastatic pancreas cancer,” Supreme Court says
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Chief Justice Roberts, after a lawyer relies on a point by Judge Posner: “Did he cite legal authority for the proposition?"
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NEW: A splintered
#SCOTUS
partly backs a religious challenge to Covid restrictions in California.
Kagan, dissenting: “In the worst public health crisis in a century, this foray into armchair epidemiology cannot end well.”
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Justice Kagan, dissenting: "The law
does not require that the state equally treat apples and watermelons."
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Chief Justice Roberts, on being asked whether the justices wore robes during telephone arguments: “I didn’t know if the person was asking 'judicial or bath?’”
From remarks at his son’s high school commencement:
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Justice Clarence Thomas, in a relaxed and reflective mood, scoffed at rumors that he was planning to retire, in remarks to the Supreme Court Historical Society.
“I really don’t have a lot of stress,” he said. “I cause stress.”
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The Supreme Court takes no action on DACA appeal, almost certainly meaning it won’t hear the Trump administration’s appeal this term.
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Judge Don Willett (fka as
@JusticeWillett
) thinks better of his initial vote in Deray Mckesson’s First Amendment case, citing a classic Frankfurter opinion h/t
@howappealing
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NEW: Splitting 5-4, the Supreme Court temporarily blocks a federal judge’s injunction that would have made it easier to vote by absentee ballot in Alabama during the pandemic. The court’s four liberals noted dissents.
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“Hi Judge Silberman,” began the career-risking reply-all email, “I am one of only five black law clerks in this entire circuit."
NEW: Federal judge lambasts amendment to rename Confederate bases as “madness,” gets thoroughly bodied by clerk
Best reply-all battle victory ever, frankly
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Judges appointed by Republican presidents give longer sentences to black defendants and shorter ones to women than judges appointed by Democrats, according to a new study from two Harvard Law professors
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Chief Justice Roberts, at a Manhattan temple, says his colleagues bring their professional backgrounds to the bench. “And, of course, Justice Ginsburg brings her experience as a rock star,"
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BREAKING: Justice Ginsburg has been hospitalized for treatment of acute cholecystitis, a benign gallbladder condition, at Johns Hopkins Hospital in Baltimore, Maryland, the Supreme Court said. She plans to participate in tomorrow’s arguments by phone from the hospital.
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Supreme Court rules 6-3 that it’s OK to sentence juvenile offenders to life without parole without finding them incorrigible. Sotomayor, with Breyer and Kagan: "Today, the Court guts Miller v. Alabama and Montgomery v. Louisiana."
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Life lesson in a WSJ correction: You kill yourself to get the hard part right and then screw up the easy part.
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The heads of two branches of the federal government are having at it. Happy Thanksgiving!
Sorry Chief Justice John Roberts, but you do indeed have “Obama judges,” and they have a much different point of view than the people who are charged with the safety of our country. It would be great if the 9th Circuit was indeed an “independent judiciary,” but if it is why......
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In this week’s New Yorker, Katie Liptak tests the boundaries of TMI, at least where Dad is concerned
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A lesson in how to cite yourself in a Supreme Court opinion, from Justice Kagan in the CFPB case:
See, well, Kagan, Presidential Administration, 114 Harv. L. Rev. 2245, 2331–2346
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John Maynard Keynes wrote to his mother after dining with Winston Churchill in September 1940. He said Churchill was “extremely well, serene, full of normal human feelings and completely uninflated . . . . I have never seen anyone less infected with dictatorial airs or hubris."
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On the eve of the Federalist Society’s annual convention, a new group of leading conservative lawyers called Checks and Balances is speaking out about Trump’s attacks on the justice system and the news media.
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NEW: Supreme Court, in 4-4 tie, lets stand a Pennsylvania Supreme Court ruling allowing extra time for mail-in voting. Justices Thomas, Alito, Gorsuch and Kavanaugh dissent.
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Supreme Court allows all of Travel Ban 3.0 to go into effect while appeals proceed
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Here’s the official photo of the Supreme Court including Justice Barrett
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Justice Ginsburg on the travel ban, partisan gerrymandering, exercise, a rap icon and her "graveyard dissents"
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Chief Justice Roberts responds to Senator Schumer’s “threatening” statement about Justices Gorsuch and Kavanaugh
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BREAKING: The Affordable Care Act survives a third major Supreme Court challenge, on standing grounds.
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Inside the White House’s Quiet Campaign to Create a Supreme Court Opening
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Supreme Court denies Republican effort to block new Pennsylvania congressional voting districts
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Justice Breyer, speaking at Kennedy Institute event, recalls advice from RBG: “You know, Stephen, not every silence needs to be filled."
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