Judicial nominees

The ambush of Bounds should not affect the treatment of Kavanaugh

Featured image Yesterday, Sen. Tim Scott, assisted by Sen. Marco Rubio, torpedoed the nomination of Ryan Bounds to the Ninth Circuit Court of Appeals. Scott couldn’t vote to confirm Bounds because the nominee, as a college student, ridiculed the cult of diversity as preached by “some of the more strident racial factions of the student body.” Senate Democrats promptly and predictably turned Scott’s ridiculous reservation against Judge Brett Kavanaugh. They have been »

Tim Scott and Marco Rubio sink stellar judicial nominee

Featured image Despite their razor-thin numerical advantage over Democrats, Senate Republicans were able to put together a long and impressive winning streak in confirming President Trump’s court of appeals nominees. That winning streak came to an ignominious end today. Not because Sen. Susan Collins or Sen. Lisa Murkowski balked at a conservative nominee. But because Sens. Tim Scott and Marco Rubio ambushed a superb conservative. Their victim, Ryan Bounds, is an Assistant »

Scenes from a meltdown

Featured image From Alexandra Smith, writing in the Washington Examiner: As speculation in Washington mounted about who would be President Trump’s second Supreme Court nominee Monday night, protesters gathered in front of the Supreme Court ready to #Resist. Some were poised with Sharpie markers ready to fill in the blank with the chosen name, while others carried a mix of preprinted signs paid for by professional protesters from the Center for American »

Kavanaugh’s D.C. connections are working in his favor

Featured image Majority Leader Mitch McConnell reportedly advised President Trump that Thomas Hardiman and Raymond Kethledge, two circuit court judges with only slight connections to Washington, D.C., would be easier to confirm than Brett Kavanaugh, a D.C. circuit court judge with a lifetime of connections to the city. McConnell may have been right. Judge Kavanaugh’s work in Washington has generated a very long paper trail that predates his service to the judiciary. »

Yale: The Grown-Ups Show Up

Featured image Needless to say the Kavanaugh nomination has sent the left borking mad. And that’s their problem: having changed decisively the politics of Supreme Court confirmations with their egregious treatment of Robert Bork, they are stuck in a box canyon of their own making, with their base expecting them to turn it up to 11 on the Borking Scale with every Republican nominee. I persist in arguing that the Bork tactic »

Democrats on the brink

Featured image How many Democratic Senators will vote to confirm Brett Kavanaugh? I suspect the answer depends on how many Republican Senators will. If Republican Senators don’t break ranks, the votes of their Democratic colleagues won’t matter. In that event, a few Democrats will probably break ranks and support the nominee in order to enhance their re-election prospects. But if it requires Democratic votes to confirm Kavanaugh, I don’t think any Democrats »

Mr. Farley’s dissent

Featured image Do you recall the anti-George W. Bush petition that generated scads of fictitious but laughable signatories such as Hugh G. Reckshun? James Taranto (not Panero! sorry) delighted in chronicling the signatures daily in his online Best of the Web column for the Wall Street Journal. The Open Letter from Yale Law Students, Alumni, and Educators Regarding Brett Kavanaugh (noted yesterday by Glenn Reynolds here and by Steve Hayward here) has »

A Dogma Whistle from Kavanaugh?

Featured image I perked up at bit last night during Brett Kavanaugh’s remarks at the White House when he said, “I am part of the vibrant Catholic community in DC.” This may have been a deliberate shout out to the social conservatives who are disappointed that the nomination didn’t go to Amy Coney Barrett, whom Sen. Dianne Feinstein slurred with her infamous comment that “The dogma lives loudly with in you.” But »

Yale Law School Students Beclown Themselves

Featured image This didn’t take long. The beginning of an “Open Letter” petition: Open Letter from Yale Law Students, Alumni, and Educators Regarding Brett Kavanaugh *Please sign below. Additional signatories will be added regularly* July 10, 2018 To Dean Gerken and the Yale Law School leadership, We write today as Yale Law students, alumni, and educators ashamed of our alma mater. Within an hour of Donald Trump’s announcement that he would nominate »

McCain backs Kavanaugh

Featured image Senator John McCain has expressed his strong support for the nomination of Brett Kavanaugh. McCain tweeted: Judge Brett Kavanaugh has impeccable credentials & a strong record of upholding the Constitution. He is widely respected as a fair, independent & mainstream judge. I look forward to the Senate moving forward with a fair & thorough confirmation process. We don’t know whether McCain will be physically able to vote for Kavanaugh’s confirmation. »

Kavanaugh Time

Featured image Needless to say, the left is going to throw everything they have at Judge Brett Kavanaugh, but the incoherence and contradictions of the left during the first news cycle suggests it is going to be a rout, and that the left will only succeed in embarrassing themselves. From the reaction of the left, you’d think that the Supreme Court gets up every morning and simply decides what laws it wants »

Trump picks Kavanaugh

Featured image President Trump has announced that Brett Kavanaugh is his nominee for the Supreme Court. Judge Kavanaugh is a good pick. He has compiled a solid record as a judge on the U.S. Court of Appeals for the District of Columbia. Ed Whelan describes Kavanaugh’s record and bacground here. I wrote about Kavanaugh here and here. Kavanaugh is well-known in D.C. legal circles. There’s wide agreement among the people I know »

Breitbart dumbs it down

Featured image Judge Raymond Kethledge, reportedly a finalist for nomination to the Supreme Court, has come under fire from some conservatives for decisions in which he voted in favor of arguments presented by illegal immigrants. Breitbart is leading that charge. As I wrote on Friday, it’s normal that if a judge hears enough immigration cases (and Kethledge is said to have heard more than 100 of them), he will occasionally find the »

Selecting the next Justice: the McConnell factor

Featured image The word today, for what it’s worth, is that President Trump is still undecided about whom to nominate to the Supreme Court, and that four judges are in the running. The candidates are said to be Raymond Kethledge, Brett Kavanaugh, Thomas Hardiman, and Amy Coney Barrett. Hardiman, by the way, was said to be Trump’s second choice when he nominated Neal Gorsuch. He served with the president’s sister on the »

Kavanaugh, Kethledge, or someone else?

Featured image The word among those who think they know about these things is that President Trump will nominate either Judge Brett Kavanaugh or Judge Raymond Kethledge to the Supreme Court. It’s possible that Trump will nominate someone else, perhaps judge Amy Coney Barrett, but the “smart money” is on Kavanaugh or Kethledge. I think both are good candidates. I like the fact that they have long service as federal appellate court »

Schumer urges Trump to nominate. . .Merrick Garland

Featured image This report from the Washington Post caused me to smile. According to the Post, Sen. Chuck Schumer called President Trump and urged him to nominate Judge Merrick Garland to the Supreme Court. Schumer was not daunted by the fact that Garland’s name does not appear on the list of 25 from which Trump has promised his nominee will come. The absence wasn’t exactly an oversight. Garland is a liberal whom »

The silly season is upon us again

Featured image After Edward Bennett Williams fired Baltimore Orioles manager Joe Altobelli, word got out that he had referred to his ex-manager, behind his back, as a “meathead.” Williams denied having used the word but added, “it is not inconsistent with my thinking.” Fifteen years ago, David Brock alleged that Brett Kavanaugh, now under consideration for the Supreme Court, saw Hillary Clinton on television during a party in 1997, and mouthed the »