Judicial nominees

What we’ve got here is failure to kommunicate

Featured image Minnesota Senator Amy Klobuchar has issued her statement on President Trump’s nomination of Minnesota Supreme Court Justice David Stras to the Eighth Circuit. There is a quality of unintentional self-parody to Senator Klobuchar’s statement. The statement reads like it might have been written by a staffer satirizing Senator Klobuchar’s public persona. This is the statement in its entirety: Justice Stras has served on the Minnesota Supreme Court for seven years. »

The Wages of Borking

Featured image This week marks the 30th anniversary of one of the turning points in modern American politics: the travesty of the Bork confirmation hearings. The “Borking” of Bork changed the rules of judicial appointments, and have poisoned judicial politics, ever since. It was a shameful moment because of the duplicity and hypocrisy of Democrats. Several days before President Reagan announced Bork’s nomination to the Supreme Court, Howard Baker and Ed Meese »

The Franken fallout

Featured image Minnesota Senator Al Franken seeks to bar Minnesota Supreme Court Justice David Stras from consideration to fill a vacancy on the Eighth Circuit. He has done so by withholding his blue slip on Justice Stras. President Trump nominated Justice Stras to the Eighth Circuit four months ago. Before announcing his opposition, Franken asserted that he was studying Stras’s record. The Associated Press reported on August 24: “A spokesman for Franken »

The Franken factor

Featured image With his his descent to crude and dishonest attacks on judicial nominees in the Judiciary Committee, or in his capacity as a nominee’s home state Senator, Al Franken degrades the Senate and the high office he holds. First among Franken’s intended victims at the moment is Minnesota Supreme Court Justice David Stras. In withholding his blue slip to prevent the Senate’s consideration of Justice Stras to the Eighth Circuit, Senator »

The gutless Mr. Franken (2)

Featured image President Trump has nominated Notre Dame Law Professor Amy Barrett to the Seventh Circuit and Professor Barrett once gave a speech to the legal rights organization Alliance Defending Freedom. The ADF has recently been designated an anti-LGBT hate group by the absurdly misnamed hate cult known as the Southern Poverty Law Center. Drawing on the SPLC’s assault on the ADF and Professor Barrett’s appearance to speak before the group once »

Liberal scholar decries questioning nominees about religion

Featured image It isn’t often that we quote with approval presidents of Ivy League colleges. However, this letter from Princeton University President Christopher Eisgruber to the chairman and the ranking Democrat on the Senate Judiciary Committee deserves to be quoted in full and with full approval. The letter pertains to the interrogation of Amy Barrett, President Trump’s nominee to the Seventh Circuit Court of Appeals, by Democratic members of the committee regarding »

The gutless Mr. Franken

Featured image The Alliance Defending Freedom is a Christian legal rights group devoted to the cause of religious freedom. My friend Jordan Lorence is one of the many fine ADF attorneys representing clients in important cases around the country. To take one outstanding example, ADF attorneys represented the Missouri church with a preschool and daycare center that was excluded from a state program providing grants to purchase rubberized surface material for children’s »

Trump hits another home run on judges

Featured image Whatever criticisms conservatives have of Donald Trump’s presidency to date, he has not disappointed at all when it comes to judicial nominations. Justice Gorusch is the most obvious example, but we can cite others, including the two nominees for the United States Courts of Appeals, Joan Larsen (Sixth Circuit) and Amy Barrett (Seventh Circuit), whose hearings occurred this week. Today, the president hit another home run — indeed, I would »

Are you now or have you ever been?

Featured image Article VI of the Constitution prohibits a religious test for public office. So what was Senator Dick Durbin doing asking Notre Dame Law Professor Amy Coney Barrett — President Trump’s nominee to the Seventh Circuit Court of Appeals — “Do you consider yourself an orthodox Catholic?” How is it that Senator Dianne Feinstein thought it could be proper to observe of Professor Barrett: “When you read your speeches, the conclusion »

Waiting for Al Franken, or someone like him (2)

Featured image I have been friends with the nonconservative attorney I quoted yesterday in “Waiting for Al Franken” since our senior year in high school. His name is Michael Frost. Mike attended Harvard College and University of Virginia Law School. He practices in the area of trusts and estates. I’m still trying to learn from him. I asked him if the ignorance displayed by the five attorney signatories to the Star Tribune »

Waiting for Franken, or someone like him

Featured image Earlier this week I quoted Minnesota Senator Al Franken on his obstruction of the Senate consideration of the nomination of Justice David Stras to the Eighth Circuit: “I think we’re going to have a decision very soon.” That is a somewhat cryptic statement. What is he waiting for? If we had a free press operating in Minnesota, the obvious follow-up question would have been asked. Coverage of the blocking of »

Klobuchar considerations

Featured image In Minnesota we have four vacancies to fill for high federal offices: the United States Attorney, the United States Marshal and two federal district court judges. President Trump has nominated Minnesota Supreme Court Justice David Stras to the United States Court of Appeals for the Eighth Circuit, but his nomination has been blocked from consideration in the Senate so far by Minnesota Senator Amy Klobuchar. Approximately no one in Minnesota »

The Democrats’ Obstruction Continues

Featured image I wrote about the Democrats’ unprecedented obstruction of President Trump’s executive branch and judicial nominees here, and specifically about Democratic Senators blocking judicial nominations with the archaic “blue slip” practice here. One of the nominees being blocked by the Democrats is Justice David Stras of the Minnesota Supreme Court. President Trump has appointed Justice Stras to the 8th Circuit Court of Appeals, but Minnesota senators Amy Klobuchar and Al Franken »

Judge Janice Rogers Brown is stepping down

Featured image Janice Rogers Brown has notified officials that she will step down from the United States Court of Appeals for the District of Columbia. Judge Brown, age 68, has served on that Court since 2005. The Wall Street Journal story says, in its headline, that Judge Brown’s retirement will give President Trump the opportunity to appoint a conservative to this powerful court. He’ll be hard-pressed, however, to appoint a more solid »

Time to Do Away With the Blue Slip

Featured image The “blue slip”–the power of senators to block judicial nominations within their states–is a venerable Senate tradition that has long outlived its usefulness. Similar to the filibuster, liberals view the blue slip either as incorrigible obstructionism or as the height of prudent constitutionalism, depending only on which party’s president is nominating judges. Thus, when Barack Obama was doing the nominating, Jeffrey Toobin, in a New Yorker article headlined “Blue-Slip Battle: »

The Next Liberal Lamentation

Featured image What’s the most hated Supreme Court decision on the left of the last few years? Why, Citizens United, of course, which leftists blame for just about every bad imaginable. Aggrieved leftists often compare it to the Dred Scott decision—seriously, they do. So if Justice Anthony Kennedy announces his retirement from the Court tomorrow, can we expect to see liberal headlines saying, “Left Celebrates as Author of Modern ‘Dred Scott’ Decision »

On the Judiciary, the Associated Press Parrots the DNC

Featured image If you ask the average person to name the principal sources of fake news, he is likely to mention the New York Times or the Washington Post. I think the Associated Press is even worse, or at least, more pervasive. A case in point is tonight’s story on President Trump’s judicial appointments: “Trump begins effort to pack courts with conservatives.” Let’s stop right there. All presidents nominate judges with compatible »