In it, but not of it. TPM DC

A clothing and accessories boutique in San Francisco has filed a class action lawsuit against Ivanka Trump's brand, alleging that the business has an unfair advantage over competitors now that President Donald Trump is in office.

Lawyers for the Modern Appeal Clothing alleged in the complaint, filed last week in Superior Court in California, that once Trump took office, competition between the boutique and Ivanka Trump's brand began to favor Ivanka Trump. It's similar to an unfair competition claim filed earlier this month by a bar and restaurant in Washington, D.C. Cork Wine Bar alleged in its suit that Trump International Hotel in D.C. has an unfair advantage over other restaurants in the District due to Trump's presidency.

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As the third day of Supreme Court confirmation hearings for Judge Neil Gorsuch's rolled on, Democratic senators on the Judiciary Committee grew weary of Gorsuch's refusal to weigh in on issues, cases, precedents and even basic legal questions.

"What worries me is you have been very much able to avoid any specificity," the top committee Dem, Sen. Dianne Feinstein (D-CA) told him.

Republicans on the committee however defended his coyness. Sen. Mike Lee (R-UT) posed the question: "If you were to make a commitment today, as to how you might rule, on a certain issue, on a particular type of case and if that issue were subsequently to come before the Supreme Court of the United States, and if by then, you have been confirmed as an associate justice of the Supreme Court of the United States, isn't it possible and in fact isn't it likely that a litigant could file a motion for your recusal in that case?"

With Gorsuch keeping to to his line that revealing his personal views would hamper his abilities as a judge, senators zeroed in on the some of his opinions, including one that was undercut by a Supreme Court opinion issued Wednesday morning.

"You have told us time and again, no place for my heart here, this is all about the facts, this is all about the law," Sen. Dick Durbin (D-IL) said. "I don't buy that. I don't think that the decisions of courts are so robotic, so programmatic, that all you need to do is to look at the facts and look at the law, and there's an obvious conclusion."

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Less than 48 hours ahead of Thursday's House floor vote on the GOP bill to repeal the Affordable Care Act, some Republican lawmakers were openly worrying about what would happen if the bill goes down in flames.

“It will really make us look bad in the eyes of the public, and this unity we have now—the House, Senate, and presidency—could be hurt in 2018," warned a still-undecided Rep. Peter King (R-NY) following a meeting with President Trump in the basement of the Capitol Tuesday morning. “It’s bad for the whole Republican agenda if we can’t make it on this one. It’ll hurt us on everything going forward. It makes us look like we can’t get our act together.”

King and other lawmakers said Trump made an even more direct warning in the meeting, telling House members that they would be "ripe for a primary" challenge in 2018 if they did not fall in line and back the bill. The Trump administration and GOP leadership offered carrots as well as sticks to wavering and dissenting members, unveiling a package of amendments Monday night designed to assuage the concerns of both moderates and conservatives.

Still, the gambit may fail. Several Republicans publicly declared their opposition to the bill even after Trump's sales pitch, and members of the hardline Freedom Caucus say they have the votes to bring the repeal effort to a screeching halt.

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Gorsuch defended his dissent in what has become known as the "frozen trucker" case, an opinion that Gorush critics have pointed to as proof that the judge has a tendency to prioritize the interests of CEOs over the working class, but also one that has brought Gorsuch praise from those who support his approach the law.

Gorsuch said at his confirmation hearing Tuesday that his opinion may have been an "unkind" one, but that it got at "what my job is, and what it isn't."

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With a House vote on the GOP bill to repeal the Affordable Care Act just over the horizon, President Donald Trump on Tuesday morning huddled in the basement of the Capitol to pressure a divided Republican caucus to fall in line.

Lawmakers exiting the meeting told reporters that Trump bluntly told them their seats would be in jeopardy in 2018 if they did not vote "yes" Thursday on the American Health Care Act.

"He said, 'Y'all ran on repealing Obamacare. Looks like you'd be ripe for a primary if you don't keep your promise,'" Rep. Blake Farenthold (R-TX) said. "And I think he made the sale. I think he moved a handful of votes. We know we have a historic opportunity to get stuff done, and we can't blow it. I'd hate to go back home to Texas and say I had the opportunity to repeal Obamacare and I didn't."

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House Speaker Paul Ryan (R-WI), after meeting with President Donald Trump and his fellow Republicans, sounded confident that leadership had gained enough support for legislation to repeal and replace Obamacare to pass when it comes up for a vote in the chamber on Thursday.

"President Trump was here to do what he does best, and that is to close the deal," Ryan said.

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Asked about Roe v. Wade, the landmark 1973 Supreme Court decision that guaranteed abortion rights nationwide, Judge Neil Gorsuch stopped short Tuesday of fully endorsing the decision, but suggested he would "consider it as precedent" and viewed it as "worthy as treatment of precedent like any other. "

"It has been reaffirmed, the reliance interest considerations are important there, and all of the other factors that go into analyzing precedent have to be considered. It is a precedent of the United States Supreme Court," Gorsuch said at the second day of his confirmation hearings. "It was reaffirmed in Casey in 1992, and in several other cases. So a good judge will consider it as precedent of the United States Supreme Court worthy as treatment of precedent like any other. "

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Judge Neil Gorsuch largely dodged controversial proposals peddled by Donald Trump from the campaign stump -- proposals that have already prompted litigation and very well may end up at the Supreme Court -- at his confirmation hearing Tuesday.

He said that he would have “no difficulty” ruling against Trump, but often deflected on getting into speculation on specific cases or issues. On Trump’s promise to ban Muslims -- which has manifested in a travel ban against about a half dozen countries since he took office -- Gorsuch would not comment on Trump’s latest version of the policy, and would only said that "government must meet strict scrutiny" before implementing a regulation based on religious belief.

When grilled on Trump’s comments about bringing back torture, Gorsuch pointed to existing statutes on detainee treatment and the Constitution's ban on cruel and unusual punishment. Asked by Sen. Patrick Leahy (D-VT) if Trump had the right to “the right to authorize torture if it” violated those laws, Gorsuch said, “no man is above the law.”

Where the judge was most clear and definitive in his Trump-related answers Tuesday was in denying that there any sort of litmus test invoked while he was being vetted for his nomination by Trump.

On the campaign trail, Trump promised to select a judge for the Supreme Court who would be strong on gun rights and would overturn Roe v. Wade, the landmark 1973 abortion decision.

"I would have walked out of the door," Gorsuch said, when asked by Sen. Lindsay Graham (R-SC) what he would have done if Trump asked for a commitment to overturn Roe.

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