Judicial nominees

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, »

The Left Declares Total War

Featured image If it wasn’t already evident that even if Brett Kavanaugh is confirmed to the Supreme Court in a few days the left will carry on with a full-scale attack (including an impeachment investigation), then the email below from Harold Meyerson of The American Prospect sent out yesterday makes the matter explicit. I’ll intersperse my comments in places: The Back-Up Way of Defeating Kavanaugh. Assume the worst: Let’s posit that within »

I’ll Drink to Confirmation

Featured image It’s pretty clear that with Blasey-Ford’s already thin story wilting further, Democrats are now going to Plan B—attacking Kavanaugh for supposed perjury over his alcohol consumption as a student and young man. (Once again, Mary Jo Kopechne is unavailable for comment about the alcohol consumption habits of Democratic political figures, or their fondness for sandwiches.) Which brought up a memory from about a decade ago. I’m sitting around my house »

No, They Have No Decency—Confirmed

Featured image I was on the road all day yesterday (and again today) and missed all of the Kavanaugh hearing in real time. Scott and John have already offered up solid observations, especially about Senator Lindsey Graham’s finest moment. I’ll bet Rush Limbaugh lets him off the hook today from his usual label as “Lindsey Grahamnesty.” Some other time perhaps I’ll explain why I think Rachel Mitchell’s performance in the hearing was »

As I Was Saying. . .

Featured image Earlier today I had fun spanking (can I still say that?) the “respected” New York Times reporter Maggie Haberman for her clueless inquiry about why anyone would have suspicion about a Kavanaugh accuser because of her dedication to “human rights.” And right on cue, Amnesty International, as though in an audition for The Onion, confirms my point: QED, as they used to say in math class. »

What’s Coming Next?

Featured image A reader passed along to me a top ten list of the next accusations that will be thrown at Brett Kavanaugh, which appeared in a comment thread on Ann Alhouse’s site. (UPDATE: I  have learned that this list first appeared on, and was created by the pseudonymous proprietor of, Mr. Dilettante’s Neighborhood.) I wasn’t able to spot the author quickly, but hat tip to you whoever you are, for this is »