Supreme Court

The confirmation of Neil Gorsuch

Featured image Today is a great day to be an American. Among other things, Tenth Circuit Judge Neil Gorsuch will be confirmed to the Supreme Court and become Justice Gorsuch. He will take the seat formerly held by the remarkable Justice Antonin Scalia. The case against Neil Gorsuch: there wasn’t one. The Democrats’ opposition to Judge Gorsuch’s confirmation constituted little more than an assertion of political will conforming to the fantasies of »

Senate Republicans Come Through

Featured image While nearly everyone has been saying that Judge Neil Gorsuch’s confirmation was inevitable, I was worried. The Democrats’ filibuster of Gorsuch, a thoroughly noncontroversial nominee, seemed to make little sense unless they thought that a handful of Republican senators wouldn’t go along with the Harry Reid option, leaving the nominee stranded with fewer than 60 votes. Thankfully, that didn’t happen. The Senate voted today along party lines to do away »

Filibustering out

Featured image It’s almost funny to hear Senate Minority Leader Chuck Schumer seek to convert the Democrats’ filibuster of a vote on Neil Gorsuch’s confirmation to the Supreme Court into a matter of high principle. Almost. Even if it’s not funny, however, he should be laughed off the stage. The filibuster is a fertile source of partisan hypocrisy. It’s time to finish it off, at least with respect to the Supreme Court. »

AP: “Schumer Warns GOP” Over Gorsuch Confirmation

Featured image The Associated Press wants us to think that momentum is growing behind an anti-Gorsuch confirmation movement. It headlines: “Dem opposition to Trump court pick grows; Schumer warns GOP.” Senate Democratic opposition to President Donald Trump’s Supreme Court nominee swelled Friday as Democrats neared the numbers needed for a filibuster, setting up a showdown with Republicans who have the votes to confirm Neil Gorsuch. Sens. Claire McCaskill of Missouri, Richard Blumenthal »

Just How Dumb Are Democrats?

Featured image With the Obamacare repeal fiasco ongoing today, House Republicans are working overtime to reclaim the undisputed title as “the stupid party,” but they are wasting their time, as the Democrats seem determined to keep the title all to themselves. Elsewhere Scott has noted the dumbest questions Senate Democrats have asked soon-to-be-Justice Neil Gorsuch, but one in particular stands out—Sen. Klobuchar’s annoyance that the Constitution uses the generic pronoun “he” so »

Democrats to Filibuster Gorsuch [with comment by Paul]

Featured image Chuck Schumer announced this morning that Senate Democrats will filibuster the nomination of Neil Gorsuch to the Supreme Court. This seems like an odd decision, as Senate Republicans will no doubt follow the lead of Harry Reid and Schumer himself, by ending the filibuster for Supreme Court nominees. Gorsuch will be confirmed, and the filibuster will have been abolished in a context that is good for Republicans–on behalf of a »

Observations on the Gorsuch hearing, Part Two — Al Franken strikes out

Featured image Sen. Al Franken has become something of a hero to the left because it was in response to one of his questions that Attorney General Sessions said he “did not have communications with the Russians.” Franken never asked Sessions whether he had. Instead, Sessions volunteered this information. So this wasn’t Al Franken getting Sessions to misstate something in response to withering questions; this was dumb luck. (It is also lucky »

Observations on the Gorsuch hearing, Part One

Featured image I watched the first seven hours of the Senate Judiciary Committee’s hearing on the nomination of Neil Gorsuch. The short version is that Judge Gorsuch was terrific and that the Committee’s Democrats barely laid a glove on him. Indeed, with a few exceptions, their efforts seemed only slightly more than half-hearted. If the rest of the day went, and tomorrow goes, like the first seven hours, it’s possible that Gorsuch »

Judge Gorsuch and the Chevron Two-Step

Featured image Confirmation hearings for Neil Gorsuch will begin in about 10 days, and in addition to the usual leftist animus toward anyone who might be faithful to constitutional originalism, there is likely to be some vigorous questioning about Gorsuch’s attitude toward the “Chevron doctrine,” which is now one of the pillars of the administrative state. Instead of holding up Richard Epstein’s book Takings, as Joe Biden did with Clarence Thomas in »

Will Democrat Senators Follow Their Base Over the Cliff?

Featured image The Democrats’ riled-up base is demanding that the party’s senators do everything they can to block the nomination of Neil Gorsuch to the Supreme Court: Liberal groups that oppose Judge Neil Gorsuch’s confirmation to the Supreme Court are telling Democratic senators to oppose him, or face the consequences. The groups on Thursday formed “The People’s Defense,” billed as a massive grassroots campaign to defeat Gorsuch’s nomination in the Republican-controlled Senate. »

Gorsuch and Finnis, the Sequel

Featured image As you may recall, I predicted here a couple weeks ago that Judge Neil Gorsuch’s Ph.D study with Oxford’s renowned John Finnis would arouse the left, and I was not disappointed! Enter The Guardian: Oxford scholar who was mentor to Neil Gorsuch compared gay sex to bestiality Now, before going into the copy, may I observe that from the headline alone, it isn’t certain whether The Guardian means this as »

The Gorsuch Confirmation and the Finnis Connection

Featured image I haven’t had time to weigh in yet on the Gorsuch nomination to the Supreme Court, so it is time to catch up. In addition to having a law degree from Harvard, it is notable that Gorsuch also took a leave from his lucrative law practice to attend Oxford University to earn a Ph.D under the direction of John Finnis. Never heard of John Finnis? I predict you will in »

Did Gorsuch Blunder?

Featured image Newspaper headlines across the country are blaring Judge Neil Gorsuch’s characterization of President Trump’s criticism of Judge James Robart as “disheartening” and “demoralizing.” This is one more in a long series of anti-Trump propaganda victories for the Democrats: Donald Trump’s Supreme Court nominee has said he found the president’s attacks on the judiciary “disheartening” and “demoralizing,” according to a Democratic senator. Sen. Richard Blumenthal of Connecticut disclosed the comments from »

Sen. Shaheen sends mixed signals on a Gorsuch filibuster

Featured image Yesterday, in a speech on the Senate floor, New Hampshire Democrat Jeanne Shaheen disavowed any intention of filibustering the nomination of Judge Neil Gorsuch. She stated: I wanted to respond to my colleague from South Dakota because I think for Senator Thune to come to the floor and castigate Democrats for holding up Judge Gorsuch, who has just been nominated, and for suggesting we are going to filibuster, the fact »

Neil Gorsuch: The Inside Story

Featured image Michael McConnell, formerly a federal appellate judge and now professor of constitutional law at Stanford, is one of America’s top lawyers. His tenure on the 10th Circuit Court of Appeals overlapped with Neil Gorsuch’s time on that bench, so Michael knows Gorsuch well, and they sat on nearly 50 cases together. If anyone is qualified to evaluate Judge Gorsuch as a potential Supreme Court justice, it is Michael McConnell. His »

The next Supreme Court nominee

Featured image Rumor has it that Justice Anthony Kennedy is seriously considering retiring from the Supreme Court at the end of this term. As the Supreme Court’s swing vote (once Neil Gorsuch is confirmed), Kennedy would regain his status as arguably the second most powerful person in America. That’s not something one gives up lightly. Nonetheless, one of his former clerks told John Fund: Those who know Kennedy wouldn’t at all be »

Kelly Ayotte returns to Washington

Featured image Former Senator Kelly Ayotte will lead the White House team trying to shepherd Judge Neil Gorsuch through the Senate. This means introducing him to her former colleagues and singing his praises to them. Team Trump’s selection of Ayotte for this assignment makes perfect sense. The role traditionally goes to an ex-member with good connections to the body. Fred Thompson and Dan Coates filled it during the confirmation process for John »