Judicial nominees

Joni Ernst and the borking of Neomi Rao

Featured image Neomi Rao is President Trump’s highly-qualified nominee for the U.S. Court of Appeals, D.C. Circuit. We’ve written about her here and here. Democrats are determined to block Rao. She is what they despise: a brilliant conservative minority group member and potential future Supreme Court nominee. To make matters worse, her professional focus has been the administrative state, on which Democrats rely to reshape America without the consent of its people. »

Spartacus flops again

Featured image Neomi Rao is President Trump’s extraordinarily well-qualified nominee to serve on the U.S. Court of Appeals for the D.C. Circuit. I agree with Jeremy Carl that “if you were to design a perfect judge for the D.C. Circuit Court of Appeals in a laboratory, that judge would look like Neomi Rao.” Why? Because the D.C. Circuit is the leading court in which administrative law decisions are made, with exclusive jurisdiction »

Trump stiffs Feinstein and Harris on judges. . .mostly

Featured image Yesterday, I wrote about the three conservatives President Trump nominated for the Ninth Circuit last year, but did not renominate this year. The unwillingness to renominate the three came about after a request by California Senators Dianne Feinstein and Kamala Harris. They asked that the White House “work with us to reach an agreement on a consensus package” of appeals court nominees from California. The package they desired would have »

Why is the White House working with Feinstein and Harris on selecting judges?

Featured image In this post, I listed nine federal appeals court nominees resubmitted to the Senate for confirmation this year, including two nominees for the Ninth Circuit. Unfortunately, Trump did not renominate three other Ninth Circuit nominees he submitted to Senate last year. One of these nominees is Patrick Bumatay. A graduate of Yale and of Harvard Law School, Bumatay clerked for a district court judge and for a Tenth Circuit judge. »

Gay authoritarianism

Featured image Jim Obergefell is the successful plaintiff in the case where the Supreme Court invented a constitutional right to same sex marriage. Eric Murphy is a lawyer who, in his capacity as Solicitor General of Ohio, argued against inventing such a right. President Trump has nominated Murphy for the Sixth Circuit Court of Appeals. Sen. Rob Portman, one of Murphy’s home state Senators, backs the nomination, even though Portman supports same »

The Power Line Show, Ep. 107: Is “New Originalism” an Oxymoron?

Featured image Constitutional originalism is the cornerstone of conservative jurisprudence today, but there are several rival versions of originalism, and sometimes you even hear about the “new” originalism, which sounds more like an old Spinal Tap joke. This week I caught up briefly (very briefly—we both had airplanes to catch) with John Eastman, the Salvatori Professor of Law at Chapman University’s Fowler School of Law and senior fellow at the Claremont Institute, »

A battle the Trump administration should relish

Featured image Yesterday, John noted that the escalating Democratic attacks on Catholicism are, in part, an attempt to prepare the battlefield for the day when Justice Ginsburg dies or is unable to continue on the Supreme Court. In that event, said John, President Trump will likely nominate Judge Amy Coney Barrett to replace Ginsburg, and Democrats will make Barrett’s religious faith the basis for attacking her nomination. To which I say, bring »

Trump renominates 51 judges

Featured image Today, President Trump renominated 51 candidates for the federal judiciary. The list of nominees is here. Trump had to renominate these candidates because they had not been confirmed when the last Session of Congress ended. We can thank Jeff Flake and the Senate Democrats for this. Most the 51 nominees are for district court judgeships. Perhaps the most noteworthy of these is Brian Buescher of Nebraska. He’s the one Sens. »

It’s time for the Senate GOP to go nuclear

Featured image A combination of Democratic obstructionism and Jeff Flake flakiness has conspired to create a backlog of federal judicial nominees awaiting a vote in the Senate. Flake, it will be recalled, decided to bottle up all judicial nominees in committee towards the end of 2018 because Majority Leader McConnell wouldn’t allow a vote on legislation to “protect” Robert Mueller. Mueller needs no protection. He’s not going to be fired, as the »

Are you now or have you ever been?

Featured image Democrats now freely display the sort of anti-Catholic bigotry that JFK was thought to have vanquished in the 1960 presidential campaign. As they have done with so much of their history, the Democrats have deposited JFK and the 1960 campaign down the memory hole. I wrote about the anti-Catholic bigotry on display in the Senate Judiciary Committee in 2017. It was the subject of my City Journal column “The unfunniest »

The Knights of Columbus responds to Sens. Hirono and Harris

Featured image In this post, I reported on the shameful attack by Senators Mazie Hirono and Kamala Harris on a judicial nominee — Brian Buescher — for belonging to the Knights of Columbus, a Catholic social and charitable organization. The two Senators insist that Buescher drop his membership in that organization and recuse himself from cases in which it has taken a position. Why? Because according to Hirono, the Knights have taken »

Are you now or have you ever been a member of the Knights of Columbus?

Featured image Recently, Sen. Mazie Hirono claimed that Democrats have a hard time connecting with voters because they (Democrats) are so “smart” and “know so much.” If Democrats are smart and knowledgeable, you can’t prove it by Hirono. She embarrasses herself routinely on the Senate Judiciary Committee, where she almost invariably finds herself in over her head. The latest embarrassment is her attack, along with Sen. Kamala Harris, on a judicial nominee »

The Third Circuit is poised to “flip”

Featured image When President Trump took office, only four federal courts of appeals — the Fifth, Sixth, Seventh, and Eighth — contained a majority of Republican appointees. However, President Trump, assisted by Sen. Grassley and his fellow Republican Senators, has done an outstanding job of filling vacancies on these courts with conservative jurists. One sensed that it was only a matter of time until at least one appeal courts with a majority »

Flake vows to block all judicial nominations

Featured image Sen. Jeff Flake says he will not vote to confirm any judicial nominees unless the Senate holds a vote on legislation to protect special counsel Robert Mueller from being fired. Majority Leader McConnell has said he won’t hold such a vote because it’s not necessary. He says there is no realistic prospect of Mueller being fired. Flake’s statement is significant because, unfortunately, he sits on the Senate Judiciary Committee. Without »

Trump nominates successor to Kavanaugh

Featured image Brett Kavanaugh’s elevation to the Supreme Court created a vacancy on the U.S. Court of Appeals for the District of Columbia Circuit. I suspect that every star conservative lawyer in Washington under the age of, say, 52 had eyes on this seat. Today, President Trump nominated Neomi Rao to fill it. Rao currently serves as the Administrator of the Office of Information and Regulatory Affairs (OIRA), a Senate-confirmed job. She »

McConnell’s price

Featured image With Election Day fast approaching and vulnerable Senate Democrats eager to leave town, Majority Leader McConnell had the Democrats right where he wanted them — pining so badly to get out of Washington that they would finally agree to confirm a host of Trump administration nominees they have long been obstructing. On Thursday, the deal was reached. Democrats agreed to unanimous consent on 15 judicial and 21 executive branch nominees. »

Let Us Now Praise Democratic Party Incompetence [With Comment by John]

Featured image It is said that Republicans are “the stupid party,” and perhaps so, but we should entertain the thesis that Democrats are the incompetent party. Amidst the justified outrage at the Democratic Party’s actions in the Kavanaugh nomination fight, let us step back for a moment and revel for a bit in the sheer political incompetence of Democrats. • Democratic voter intensity for the midterm election next month was already sky-high, »