Supreme Court

The Supreme Court and the Hypocrisy of the Left

Featured image Lately I’ve been arguing with lefty acquaintances of mine who say, “Isn’t it terrible for the Republicans to play tit-for-tat over Court nominations” that surely they don’t seriously expect Republicans never to reciprocate for the shameful treatment of Republican judicial nominees, starting with Bork. Over 50 Bush judicial nominees were never given a hearing, let alone a vote—and not just in the final year in office. Democrats blocked a hearing »

John Kasich would consider Merrick Garland for the Supreme Court

Featured image Republicans are united behind the idea that Judge Merrick Garland should not be confirmed this year, given President Obama’s lame duck status and the fact that Garland would give liberals a clear majority on the Supreme Court. Most Republicans don’t even think Garland should have a hearing. But John Kasich has a different perspective. In an interview to be aired tomorrow on CBS News’ “Face the Nation,” the Governor Can »

Obama nominates Judge Garland to Supreme Court

Featured image President Obama has nominated Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, for the Supreme Court. Last night, displaying my usual powers of prophesy in these matters, I suggested that Garland’s inclusion on the short-list was a “head fake” and that Obama would select someone younger and further to the left. Sometimes you can fake yourself out. The selection of Garland wasn’t »

Meanwhile, on the Supreme Court front

Featured image President Obama reportedly has narrowed his list of Supreme Court candidates to three. They are Sri Srinivasan, Merrick Garland, and Paul Watford. The first two serve on the U.S. Court of Appeals for the District of Columbia. Watford is on the Ninth Circuit. Garland is the most interesting of the three. He’s left of center and bad on the Second Amendment, but not an out-and-out leftist. Moreover, he’s 63 years »

Occupy Tony Cheng’s restaurant

Featured image Sen. Orrin Hatch spoke today at the monthly luncheon of the Washington Lawyers Chapter of the Federalist Society in Chinatown. I had wanted to attend, but couldn’t due to illness. According to a report from a reliable source, Sen. Hatch’s address was interrupted when about half a dozen youngsters jumped up and began yelling “Do your job.” They waved yellow placards expressing the view that “doing your job” means confirming »

Breaking: Sandoval Out?

Featured image Reuters is reporting in the last few minutes that Nevada Governor Brian Sandoval has asked that his name be withdrawn from consideration for the Supreme Court. Here’s the tweet: »

SCOTUS Grand Strategy

Featured image I see that John has beat me to this story, but here’s my two cents on it as well: The news wires today are buzzing with the trial balloon of Nevada’s moderate Republican Governor Brian Sandoval as a possible Obama nominee to the Supreme Court. I believe it is a head fake, but it is worth starting out at face value. On the surface, the idea is plausible. You would »

Sandoval: The Silliest Trial Balloon Ever?

Featured image Today, numerous news sites reported breathlessly that President Obama is considering nominating Brian Sandoval, the Governor of Nevada–a Republican!–to the Supreme Court. The Washington Post led the charge: The White House is considering picking the Republican governor from Nevada to fill the current vacancy on the Supreme Court, scrambling political calculations… Political calculation is the only thing going on here. …in what is expected to be a contentious confirmation battle »

Biden’s 1992 advice: Don’t nominate Supreme Court Justice in election year

Featured image Speaking on the Senate floor in 1992, Joe Biden stated that if a Supreme Court vacancy were to arise while the “political season [i.e., the presidential campaign] is underway,” President George H.W. Bush should follow the “practice of the majority of his predecessors” and not nominate anyone to the vacancy until after the election. Biden added that that if President Bush were to ignore that advice, the Senate Judiciary Committee »

“Confirmation” bias

Featured image We have observed before that the American left never gives up. That’s admirable when it comes to matters of principle and policy. Here, conservatives also fight hard, though they probably could take a page or two from the left’s playbook. But when it comes to he-said-she-said type factual disputes about personalities or events — was Alger Hiss a Russian agent; did Clarence Thomas harass Anita Hill; did Dan Rather and »

The Times Does Supreme Court History

Featured image On Wednesday, the New York Times published an article on the impending nomination of a replacement for Justice Scalia headlined Should Obama Pick Nominee? Your Answer May Depend on How Much History You Know. The point of the piece was to suggest that better-informed people–those who know the most about history!–want the choice of the next justice to be President Obama’s. No surprise there. What’s funny about this is that »

Obama’s phony regret

Featured image More than 3,500 days after the fact, President Obama claims he regrets filibustering the nomination of Justice Alito to the Supreme Court. To be more precise, White House press secretary Josh Ernest makes this claim on Obama’s behalf. Obama himself has made no such public statement. Instead, as Scott notes, he has tried to talk his way out of the obvious contradiction between his filibuster of Altio and his insistence »

Confirmation Bias, NY Times Style

Featured image I haven’t read the New York Times editorials on the Scalia succession, and I’m not going to unless they pop up on my screen by accident. But I did happen to stumble across their 1987 editorial on why the Senate was correct to reject Robert Bork, and one of the reasons was that. . . well, take in this paragraph for yourself, but not with a mouthful of milk or »

Obama’s shinola

Featured image Jeff Mason covers the White House for Reuters. At Obama’s press conference in Rancho Mirage, California yesterday, Mason asked Obama an obvious question (video below). The White House has posted the transcript of the press conference here and here. In the video excerpt below, Mason asks Obama how he squares his recent lecture on the Senate’s constitutional duty yada yada regarding the replacement of Justice Scalia with his own support »

Confirmation Bias

Featured image A lot of people think Sen. Majority Leader Mitch McConnell made a mistake in saying that any Obama Supreme Court nominee wouldn’t even get a hearing, let alone a vote, but I think he was perhaps very canny. Knowing Obama’s ideology, he might have been deliberately provoking Obama, as Paul suggested over the weekend, to send a deeply ideological—and preferably minority nominee—for political purposes, but which would make McConnell’s job »

Schumer’s Shinola

Featured image This past Sunday on This Week with the former Clinton enabler, the odious Senator Chuck Schumer instructed us in course to be followed in connection with the replacement of Justice Scalia on the Court: “Well, the job, first and foremost, is for the president to nominate and for the Senate to hold hearings and go through the process. You know, the Constitution, Ted Cruz holds the Constitution, you know, when »

The Supreme Court Controversy In One Sentence

Featured image The controversy over the Supreme Court vacancy is entirely predictable and playing out in predictable ways, but as of yet I haven’t seen anyone state the common sense of the subject directly. I am sure when Democrats tanked Robert Bork in 1987 someone among them—probably even Biden—must have known that what goes around comes around. Republicans have been waiting 30 years for payback for the shameful rejection of Bork; that »