Now: DOJ has asked to delay today's 3:30pm hearing on the govt's motion to take over E. Jean Carroll's libel suit against Trump — they say the DOJ lawyer who was supposed to argue today was denied entry to the NY courthouse because he'd traveled from Virginia
Here's the latest travel advisory yesterday from NY Gov. Cuomo - Virginia is on the list of states where people are supposed to quarantine for 14 days if they travel to NY; the press release says Maryland and Arizona were the new additions though governor.ny.gov/news/governor-…
There's a press release dated Oct. 13 from Cuomo announcing Virginia had been added to New York's travel advisory list: governor.ny.gov/news/governor-…
Update: The judge will not postpone today's hearing in the E. Jean Carroll case after DOJ says their lawyer was denied entry because of NY's COVID travel restrictions. Judge says they can do it by phone, send someone else, or have the judge decide without oral argument
The hearing in the E. Jean Carroll case has started, but there's a *twist*: DOJ says they'll choose to have the judge decide the issue on the papers, with no arguments
And that's a wrap — Carroll's lawyer Roberta Kaplan tells the judge they're disappointed, and asks to file an add'l brief to respond to the govt's reply brief. DOJ opposes. Judge says no new briefing, but he won't consider new args that DOJ raised for the first time in the reply
The judge in E. Jean Carroll's case just entered an updated order re: denying DOJ's motion to delay today's hearing (which was ultimately canceled, see above) and notes that, "contrary to the government's suggestion," Virginia was added to NY's travel advisory list on Oct. 13
DOJ was supposed to face questions from a judge today about trying to take over Trump's private defense against a defamation lawsuit that's been pending for months. The hearing was scuttled at the very last minute — here's what went down: buzzfeednews.com/article/zoetil…
After a DOJ lawyer was turned away from court for failing to follow NY's COVID rules, the judge gave the government three options: send another lawyer, argue by phone, or cancel the hearing and have the judge decide the case on briefs. DOJ picked option #3 buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

22 Oct
Now: Judge Amy Coney Barrett is one big step closer to confirmation to the US Supreme Court, with Republicans voting to advance her nomination out of committee despite a boycott by Democrats buzzfeednews.com/article/zoetil…
Today's Senate Judiciary Committee vote to advance Barrett's nomination appeared to violate the committee's own rules, which require at least two members of the minority party present to do business buzzfeednews.com/article/zoetil… Image
Other judge news:
- Last night, the White House announced two new nominations, including Thomas Kirsch II, the US attorney for the Northern District of Indiana, for Barrett's seat on the 7th Circuit once she's confirmed Image
Read 5 tweets
21 Oct
New: The en banc 4th Circuit voted 12-3 to leave intact a later deadline for North Carolina to accept absentee ballots after Election Day, rejecting a stay request from the Trump campaign, the RNC, and NC Republicans assets.documentcloud.org/documents/7273…

Prev: buzzfeednews.com/article/kendal…
Note that this order does not split along this court's normal ideological lines — Trump's three appointees to the 4th Circuit split with the court's other three more conservative judges to vote to deny Republicans' request for a stay
Judge Wynn: "Accordingly, this Court must deny the requested injunction. To do otherwise would risk endangering a great many of our doctrines, to say nothing of the health of the voters of North Carolina as they attempt to safely exercise their right to vote."
Read 7 tweets
19 Oct
NEW: Pennsylvania must count ballots received by Nov. 6 — in many cases even without a clear Election Day postmark — after the US Supreme Court split 4-4 on a challenge brought by Republicans. More to come.
buzzfeednews.com/article/zoetil…
Tonight's 4-4 vote from SCOTUS is a win for Democrats and a loss for Republicans in Pennsylvania — it leaves in place a state Supreme court ruling that requires election officials to accept mail-in ballots through Nov. 6 buzzfeednews.com/article/zoetil…
What this 4-4 order does *not* do is resolve the myriad other legal challenges around how states are handling mail-in voting during the pandemic that are still pending before SCOTUS or trickling up through the lower courts buzzfeednews.com/article/zoetil…
Read 4 tweets
15 Oct
New: The 6th Circuit has ruled 2-1 that Tennessee's signature match procedures for absentee ballots can stand, upholding a district court's decision to deny an injunction to challengers who argued it infringed on voting rights assets.documentcloud.org/documents/7232…
The majority concluded the challengers couldn't show that Tennessee's signature match rules would lead to people have their ballots wrongly tossed out, and, even if ballots were rejected, voters could resubmit
The dissent from Judge Karen Nelson Moore lobs fire not just at her colleagues, but also at other judges who have upheld state laws/rules that make it harder for people to vote: "I will not be a party to this passive sanctioning of disenfranchisement."
Read 4 tweets
15 Oct
In trying to combat attacks and questions from Democrats about Judge Amy Coney Barrett’s faith that never materialized, Republicans ended up repeatedly bringing her religion into her SCOTUS confirmation hearings.

On Days 1-3:
buzzfeednews.com/article/zoetil…
Barrett won't be there for Day 4 of the hearing today, which will feature testimony from witnesses tapped by Republicans and Democrats: judiciary.senate.gov/meetings/nomin…
The news so far this a.m. is that Graham officially set up the committee vote on Barrett's nomination for next Thursday (10/22), as he previously announced.

Unsurprisingly, Republican members are expressing their full support for Barrett this morning, and Democrats are opposed.
Read 6 tweets
14 Oct
Hello again from my dining table, where I'll be covering Day 3 of Judge Amy Coney Barrett's confirmation hearing.

On Day 2, and what we learned (and didn't) about how a Justice Barrett would rule on SCOTUS: buzzfeednews.com/article/zoetil…
Leahy asks if a prez must obey SCOTUS, and if it would threaten our constitutional system if he refused. Barrett doesn't answer it head on, saying she agrees with Kavanaugh/Gorsuch that "no man is above the law," but repeats that the court doesn't have a way to enforce decisions
Whitehouse reminds everyone that SCOTUS is not bound by the federal judiciary's code of conduct for judges, although Barrett notes that it has been the Supreme Court's practice to follow it
Read 5 tweets

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