Supreme Court

Trump puts out new list of potential Supreme Court nominees

Featured image Donald Trump has added ten more names to the group people he says exemplify what he’s looking for in a Supreme Court Justice. Previously, he put out a list of eleven such possibilities. I discussed that group here. The new list consists of: Mike Lee — U.S. Senator, Utah Neil Gorsuch — Judge, U.S. Court of Appeals for the Tenth Circuit Margaret Ryan — Judge, U.S. Court of Appeals for »

Ruth Ginsburg embarrasses herself again

Featured image Ruth Bader Ginsburg, having recently expressed regret for commenting on a matter she shouldn’t have (the candidacy of Donald Trump) is at it again. At an event at Georgetown Law School, Ginsburg complained about the Senate’s inaction on the Merrick Garland nomination. She said: I do think cooler heads will prevail, I hope sooner rather than later. The president is elected for four years not three years, so the power »

CRB: No buyer for Breyer

Featured image Stephen Breyer seems to me the ne plus ultra leftist progressive on the Supreme Court. I assume that’s one of the reasons why Justice Scalia relished sparring with him. No left-wing dogma is beyond Breyer and he seeks to overlay the absurd with an intellectual patina. His interest in the United States Constitution approaches nullity. Indeed, to borrow a famous Athenian indictment, Justice Breyer seeks to introduce new gods into »

Trump, the judiciary, and this election

Featured image For the first time in decades, I am an undecided voter in a presidential election. I haven’t decided whether to vote for Donald Trump or to vote for no candidate. Concern over what the Supreme Court (and the lower courts) will look like if Hillary Clinton wins is one of the main considerations that might cause me to vote for Trump. Thus, when I saw that John Yoo and Jeremy »

Ginsburg Apologizes For Attacks On Trump

Featured image This morning, yielding to bipartisan criticism from across the political spectrum, Supreme Court Justice Ruth Bader Ginsburg apologized for her attacks on Donald Trump. Her statement was brief: On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them. Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect. Note that Ginsburg apparently couldn’t bring herself »

The Ginsburg Proviso [Updated]

Featured image Justice Ruth Bader Ginsburg is living up to her hip-hop nickname as the “Notorious RGB” with her completely intemperate remarks about Donald Trump and also the potential cases and controversies she has obviously prejudged. A lower federal court judge might well face sanctions for such behavior. Check out Canon 5 of the Code of Conduct for United States Judges: Canon 5: A Judge Should Refrain from Political Activity (A) General Prohibitions. A »

Supreme Court overturns Robert McDonnell’s conviction

Featured image In its final decision of the term, the Supreme Court today unanimously overturned the public corruption conviction of former Virginia governor Robert McDonnell. The court stated that it has no opinion as to whether McDonnell should be retried under the stricter standard (described below) it imposed for these kinds of cases. I have mixed feelings about the outcome, but I agree with the decision. You don’t have to be the »

Divided Supreme Court upholds blockage of Obama’s executive amnesty

Featured image By a 4-4 vote, the Supreme Court today let stand a lower court decision blocking President Obama’s executive action that would have made roughly five million illegal immigrants eligible for legal status and work permits. This result kills Obama’s executive amnesty, though because of the split vote, it might successfully be revived in the future. The Court rendered its decision succinctly. It just said: “The judgment is affirmed by an »

Affirmative action forever

Featured image In an opinion issued this morning, Justice Kennedy joined the Supreme Court’s four liberals to uphold the University of Texas’s “affirmative action” program in the Fisher case. This is the case’s second trip to the Court. It won’t be coming back. The Court’s opinion today is posted here. The Court’s 2013 opinion in Fisher I (as the Court refers to it) is posted here. I think today’s result is disappointing, »

Grassley not hurt by Garland standoff

Featured image When President Obama nominated Merrick Garland for the Supreme Court, I think he understood that the Republican Senate would not confirm the judge, at least not before the November election. Obama hoped instead that Republican intransigence would hurt GOP Senators up for reelection this Fall. Blocking Garland required the assistance of Sen. Grassley, the chairman of the Senate Judiciary Committee. Grassley is up for reelection. I never seen good evidence »

Can Trump be trusted on the Supreme Court?

Featured image Donald Trump’s Supreme Court list continues to dominate conservative discussion, at least the discussion that I follow. John Yoo strongly commends the list but worries that Trump won’t appoint anyone from it, or anyone comparably conservative. It is a legitimate concern. Trump has not said he will nominate someone from the list to fill the Scalia vacancy. Instead, he stated: “The following list of potential Supreme Court justices is representative »

More on Trump’s Supreme Court List [Updated]

Featured image I agree with Paul’s comments on the list of potential Supreme Court nominees that Donald Trump released today. I have a few additional thoughts. One of the judges on the list, David Stras, is on the Minnesota Supreme Court. He has stellar credentials, having clerked for Michael Luttig and Clarence Thomas. Prior to his appointment to the Minnesota court by Tim Pawlenty, he was of counsel to my law firm, »

Trump’s Supreme Court list

Featured image Donald Trump has released a list of 11 potential Supreme Court justices he plans to vet to fill the seat of late Justice Antonin Scalia if he’s elected to the White House. The impressive list contains these names: Steven Colloton (8th Cir.) Allison Eid (Colorado Sup. Court) Raymond Gruender (8th Cir.) Thomas Hardiman (3d. Cir.) Raymond Kethledge (6th Cir.) Joan Larsen (Mich. Sup. Court) Thomas Rex Lee (Utah Sup. Court »

Supreme Court to parties in “Little Sisters of the Poor” — work it out yourselves

Featured image The Supreme Court has issued a unanimous per curiam opinion in the Little Sisters of the Poor case. Rather than deciding the legal issues before it, the Court vacated the judgment of the Court of Appeals, which was adverse to the Little Sisters, and sent the case back to that court so the parties can be given “sufficient time to resolve any outstanding issues between them.” Justices Ginsburg and Sotomayor »

Will Liberals’ Posthumous Smears of Justice Scalia Succeed?

Featured image George Mason University’s law school was founded in 1979. Justice Antonin Scalia spoke at the dedication of the law school’s current building in 1999 and was a guest lecturer at the university. The law school developed a plan to expand its faculty and scholarship program, and in the wake of Justice Scalia’s death, an anonymous donor offered $20 million to fund those programs. The Charles Koch Foundation added a $10 »

What a Hillary-Shaped Supreme Court Would Look Like

Featured image Mark Tushnet of Harvard Law School is one of the leading leftists in legal academia today. Yesterday on Jack Balkin’s website Balkinization, Tushnet lets it all hang out how he thinks a reliably liberal Supreme Court should think and act. I’ve interspersed a couple of my comments in [bolded brackets]. Pay special attention to his Point #6: 1      A jurisprudence of “wrong the day it was decided.” Liberals should be compiling lists »

Democrats channel Herman Cain

Featured image Politico reports that the White House and its allies are about to commence a new campaign to get a hearing and a vote for Judge Merrick Garland. They’re calling it the 9-9-9 campaign: nine states, during nine days, to push for a court with nine justices. The nine states are ones where Democrats think they might be able to pick up Senate seats this Fall. In addition, to the usual »