Supreme Court

What to make of Trump’s sister’s praise for potential Supreme Court nominee

Featured image In the “race” for a Supreme Court nomination, Judge William Pryor may have the backing of Sen. Jeff Sessions (plus many movement conservatives), but Judge Thomas Hardiman has the backing of someone near and dear to President Trump — his sister, Judge Maryanne Trump Barry. Hardiman and Barry are colleagues on the U.S. Court of Appeals for the Third Circuit. Judge Barry’s support is causing some conservatives to worry about »

A look at Judge William Pryor

Featured image According to Eliana Johnson at Politico, President Trump has narrowed his list of potential Supreme Court nominees to three: Judge Neil Gorsuch, Judge Thomas Hardiman, and Judge William Pryor. Eliana reports that Pryor, once considered the frontrunner, now is thought to be “fading.” Pryor has the advantage of being backed by Sen. Jeff Sessions who is about to become Attorney General. He was also mentioned, along with Judge Diane Sykes, »

A look at Judge Neil Gorsuch

Featured image Judge Neil Gorsuch of the Tenth Circuit is now said in some reports to be the frontrunner for nomination to the Supreme Court. That makes me feel old. In the early 1980s when I practiced environmental law, his mother, the late Anne Gorsuch, was the controversial head of the EPA. Anne Gorsuch was my senior by only seven years. Neil Gorsuch looks like a fine candidate for the Supreme Court. »

Judge Sykes strikes down Chicago shooting-range regulations

Featured image Two of the leading contenders for a Supreme Court nomination are Judge William Pryor (11th Circuit) and Judge Diane Sykes (7th Circuit). Of the two, I am more familiar with Judge Pryor because we backed him during the contentious fight over his nomination and because I met him at a conference on “originalism.” I’m a fan. Though I’ve never met Judge Sykes, I have followed her career on the federal »

Trump meets with Judge Pryor as rumored “short list” emerges

Featured image President-elect Trump has started meeting with potential Supreme Court nominees. Trump says he has “met with numerous candidates” and will announce his selection “probably” within two weeks after the inauguration. Trump is said to have met on Saturday with William Pryor, a judge on the U.S. Court of Appeals for the Eleventh Circuit. Readers may recall that Pryor was one of two judges Trump mentioned during a primary debate as »

Schumer talks tough on Supreme Court, but has a losing hand

Featured image Chuck Schumer has declared that he intends to oppose any Supreme Court nominee who falls outside the judicial “mainstream,” even if this means keeping the seat formerly occupied by Justice Scalia vacant until after the 2018 elections. The vow is similar to Mitch McConnell’s promise not to move on Merrick Garland’s nomination, with this key difference — McConnell was (and is) the majority leader; Schumer is not. To be sure »

Supreme Court Freakout at the New York Times

Featured image The New York Times was once known as The Grey Lady. Today, a more apt moniker would be The Hysterical Bag Lady. The Times editorial board is home to the most immoderate, shrieking Leftism you will find this side of the Nation. On Christmas Eve, the Times editorialized on The Stolen Supreme Court Seat. It is a classic of the post-Trump-election freakout genre: Soon after his inauguration next month, President-elect »

A word for David Stras (2)

Featured image In a speech to the Heritage Foundation last week, Vice President-elect Mike Pence recalled how, during the campaign, both he and President-elect Trump regularly reminded conservative voters that “the next president would likely have the opportunity to influence the Supreme Court and its influence for the next forty years, and the American people responded to that message.” Pence assured the audience that the Trump administration will soon make good on »

A word for David Stras

Featured image President-elect Trump’s “thank you” tour touched down in Fayetteville, North Carolina last night. Trump formally introduced General Mattis as his appointed Secretary of Defense and mentioned that his prospective Supreme Court appointment is coming soon. Here I would like to put in a good word for Minnesota Supreme Court Justice David Stras. Speaking last month as the keynote speaker at the Twin Cities Cardozo Society, Justice Stras drew life lessons »

Should Claire McCaskill determine who will replace Scalia?

Featured image Who is the eighth best (or least bad) Democratic Senator? If you answered “I don’t give damn” you are wrong. Under current rules, the eighth best Democratic Senator holds veto power over the person Donald Trump will select to replace Justice Scalia on the Supreme Court. Confirmation of a Supreme Court nominee requires 60 votes. There will be 52 Republican Senators in the Senate that decides whether to confirm Trump’s »

Conservative lawyers favor Sykes or Pryor for Supreme Court

Featured image Ten days after his victory, Donald Trump has already made several key personnel decisions. He filled three major staff positions and two extremely important posts that require Senate approval — Attorney General and CIA Director. However, his most important selection, Supreme Court Justice, may not come for a while. Unlike staff and Cabinet/sub-Cabinet jobs, Justices don’t have to prepare to administer a bureaucracy. Thus, the need for Trump to select »

After Merrick Garland

Featured image One of Donald Trump’s first acts as president will, I hope, be to nominate a conservative to fill the vacancy left by Justice Scalia. I don’t doubt that Trump will pick a conservative, most likely someone from his lists. I’m also confident that the Senate will confirm Trump’s pick. If 60 votes aren’t to be had, the Senate likely will abolish the filibuster, as the Democrats did for lower court »

Supreme Court takes on the issue of who pees where

Featured image The Supreme Court announced last week that it will decide (or try to) whether the Obama administration may require public school districts, as a condition of receiving federal funding, to let transgender students use restrooms that don’t correspond with their anatomical sex. The case in question involves Gavin Grimm, who is a girl anatomically but “identifies” as a boy and thus wishes to use the boys’ room at her (or, »

About the groping allegations against Justice Thomas [With Comment by John]

Featured image The National Law Journal has reported allegations that, in 1999, Justice Thomas inappropriately touched a young woman named Moira Smith. The alleged touching occurred at a dinner party at the home of her boss. Supposedly, Thomas groped Smith while she was setting the table. I have three observations about Smith’s allegation. First, she waited 17 years publicly to make it. If something serious occurred, I find it difficult to believe »

Justice Thomas speaks

Featured image Bill Kristol sat down with Justice Clarence Thomas for the most recent of his Conversations. The video has just been posted in its entirety and broken into two roughly 30-minute chapters here. The transcript has also been posted here. I have embedded the video of the conversation in its entirety below. Quotable quote: At the end of term, I go to Gettysburg, and I take my law clerks there. We »

Republicans should not “accept” Hillary Clinton’s Supreme Court nominees

Featured image When Hillary Clinton nominates a Supreme Court Justice to replace Antonin Scalia (assuming Merrick Garland is not confirmed before Clinton takes office), that nominee will testify before the Senate Judiciary Committee that he or she will uphold the Constitution impartially and decide cases based on the law, not his or her policy preferences or the status of the litigants. That nominee will be lying. This is clear from what Clinton »

No room for Justice Thomas at African-American history museum

Featured image It has been widely reported on conservative news outlets that the brand new National Museum of African American History and Culture in Washington, D.C. has virtually no room for Justice Clarence Thomas. According to this report, it “treats Justice Thomas like a mere footnote while heralding the woman who accused him of sexual harassment.” Mark Paoletta discusses the slight here. He argues that the story of Justice Thomas’ rise from »