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Brad Kutner

Brad Kutner

Brad Kutner is part of the National Law Journal's D.C. Litigation team. Contact him at [email protected]. On Twitter: @BradKutner.

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October 13, 2022 | Law.com

Bench Report: A Judge's Advice on Handling High-Profile Cases. Plus, Is This the Final Stretch for Biden's Nominees?

Senate aides believe President Joe Biden should be able to say he's confirmed at least 109 federal judges by the end of his second year in office, but losing the Senate after the midterm elections could end his breakneck pace of appointments.

By Avalon Zoppo | Brad Kutner

8 minute read

October 13, 2022 | National Law Journal

Bitter Email Exchange Leads to Defamation Claims Against Opposing Counsel

"The purpose of this email was not in furtherance of any legitimate litigation purpose, but rather was sent with actual malice," wrote Timothy Parlatore. 

By Brad Kutner

2 minute read

October 13, 2022 | National Law Journal

Consovoy McCarthy Backs DC Restaurant in Fight Over COVID-19 License Suspension

"The repeated extension of emergency orders for months on end, authorized by the D.C. Council's emergency legislation—which was not approved by Congress—have thwarted Congress's reserved constitutional power," Consovoy McCarthy attorneys wrote.

By Brad Kutner

2 minute read

October 12, 2022 | National Law Journal

Yale Addresses Free Speech Concerns Amid Judge's Boycott

"The law school is moving forward on its central commitments and we are focused on educating the next generation of lawyers and instilling them with the values so many of us hold dear," said dean Heather Gerken.

By Brad Kutner

3 minute read

October 12, 2022 | Daily Report Online

Antonin Scalia Law Profs Say Lindsey Graham Can't Be Forced to Testify in 2020 Election Investigation

The brief backing the embattled senator was filed by Jennifer Mascott and Trent McCotter.

By Brad Kutner

3 minute read

October 12, 2022 | National Law Journal

Judge Promises Fast Ruling in Republican State AGs' Challenge to Biden's Student Loan Forgiveness Plan

"When there's a national emergency, the secretary's authority should grow, not contract," said an attorney for the Department of Justice. 

By Brad Kutner

5 minute read

October 07, 2022 | National Law Journal

Does Ideology Really Matter When Hiring Judicial Clerks?

"I spent a year working alongside three co-clerks and one judge who had fantastically different instincts than me on everything," said former Scalia counter clerk Gil Seinfeld.

By Brad Kutner

6 minute read

October 07, 2022 | National Law Journal

Biden's Student Loan Forgiveness Plan Survives Another Legal Hurdle

"If every federal taxpayer could sue to challenge any government expenditure, the federal courts would cease to function as courts of law and would be cast in the role of general complaint bureaus," the judge wrote.

By Brad Kutner

2 minute read

October 06, 2022 | Law.com

Bench Report: In Clerk Hiring, Does Ideology Matter? Plus, Third-Party Litigation Funding Disclosures

A meeting of the Advisory Committee on Appellate Rules is set to take place in the coming week, and two groups have recently brought a disclosure issue to their attention.

By Brad Kutner | Avalon Zoppo

9 minute read

October 05, 2022 | National Law Journal

Appeals Court Expedites Trump's Special Master Dispute

The Eleventh Circuit granted the DOJ's motion and set a mid-November deadline for briefings in the dispute. 

By Brad Kutner

3 minute read