Supreme Court

Republicans should not “accept” Hillary Clinton’s Supreme Court nominees

Featured image When Hillary Clinton nominates a Supreme Court Justice to replace Antonin Scalia (assuming Merrick Garland is not confirmed before Clinton takes office), that nominee will testify before the Senate Judiciary Committee that he or she will uphold the Constitution impartially and decide cases based on the law, not his or her policy preferences or the status of the litigants. That nominee will be lying. This is clear from what Clinton »

No room for Justice Thomas at African-American history museum

Featured image It has been widely reported on conservative news outlets that the brand new National Museum of African American History and Culture in Washington, D.C. has virtually no room for Justice Clarence Thomas. According to this report, it “treats Justice Thomas like a mere footnote while heralding the woman who accused him of sexual harassment.” Mark Paoletta discusses the slight here. He argues that the story of Justice Thomas’ rise from »

On pressuring the Supreme Court

Featured image John has written about how Clinton operatives attributed Chief Justice Roberts’ vote to uphold Obamacare’s individual mandate to political pressure spearheaded by President Obama. The claim appears in WikiLeaks documents. There is little reason to believe that pressure exerted by Obama and his friends had anything to do with the Chief Justice’s vote. Roberts’ decision not to strike down Obamacare’s key provision was consistent with his long held preference for »

Clinton Operatives Brag They “Scared Off” Chief Justice

Featured image In one of the more remarkable Wikileaks exchanges, Clinton operatives Neera Tanden and Jennifer Palmieri took credit for “scaring off” Chief Justice John Roberts by threatening to make the Supreme Court’s decision in the first Obamacare case, NFIB v. Sebelius, a campaign issue. These are the players on the email thread: Center for American Progress (CAP): a left-wing activist organization that was an arm of the Obama administration and now »

Trump puts out new list of potential Supreme Court nominees

Featured image Donald Trump has added ten more names to the group people he says exemplify what he’s looking for in a Supreme Court Justice. Previously, he put out a list of eleven such possibilities. I discussed that group here. The new list consists of: Mike Lee — U.S. Senator, Utah Neil Gorsuch — Judge, U.S. Court of Appeals for the Tenth Circuit Margaret Ryan — Judge, U.S. Court of Appeals for »

Ruth Ginsburg embarrasses herself again

Featured image Ruth Bader Ginsburg, having recently expressed regret for commenting on a matter she shouldn’t have (the candidacy of Donald Trump) is at it again. At an event at Georgetown Law School, Ginsburg complained about the Senate’s inaction on the Merrick Garland nomination. She said: I do think cooler heads will prevail, I hope sooner rather than later. The president is elected for four years not three years, so the power »

CRB: No buyer for Breyer

Featured image Stephen Breyer seems to me the ne plus ultra leftist progressive on the Supreme Court. I assume that’s one of the reasons why Justice Scalia relished sparring with him. No left-wing dogma is beyond Breyer and he seeks to overlay the absurd with an intellectual patina. His interest in the United States Constitution approaches nullity. Indeed, to borrow a famous Athenian indictment, Justice Breyer seeks to introduce new gods into »

Trump, the judiciary, and this election

Featured image For the first time in decades, I am an undecided voter in a presidential election. I haven’t decided whether to vote for Donald Trump or to vote for no candidate. Concern over what the Supreme Court (and the lower courts) will look like if Hillary Clinton wins is one of the main considerations that might cause me to vote for Trump. Thus, when I saw that John Yoo and Jeremy »

Ginsburg Apologizes For Attacks On Trump

Featured image This morning, yielding to bipartisan criticism from across the political spectrum, Supreme Court Justice Ruth Bader Ginsburg apologized for her attacks on Donald Trump. Her statement was brief: On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them. Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect. Note that Ginsburg apparently couldn’t bring herself »

The Ginsburg Proviso [Updated]

Featured image Justice Ruth Bader Ginsburg is living up to her hip-hop nickname as the “Notorious RGB” with her completely intemperate remarks about Donald Trump and also the potential cases and controversies she has obviously prejudged. A lower federal court judge might well face sanctions for such behavior. Check out Canon 5 of the Code of Conduct for United States Judges: Canon 5: A Judge Should Refrain from Political Activity (A) General Prohibitions. A »

Supreme Court overturns Robert McDonnell’s conviction

Featured image In its final decision of the term, the Supreme Court today unanimously overturned the public corruption conviction of former Virginia governor Robert McDonnell. The court stated that it has no opinion as to whether McDonnell should be retried under the stricter standard (described below) it imposed for these kinds of cases. I have mixed feelings about the outcome, but I agree with the decision. You don’t have to be the »

Divided Supreme Court upholds blockage of Obama’s executive amnesty

Featured image By a 4-4 vote, the Supreme Court today let stand a lower court decision blocking President Obama’s executive action that would have made roughly five million illegal immigrants eligible for legal status and work permits. This result kills Obama’s executive amnesty, though because of the split vote, it might successfully be revived in the future. The Court rendered its decision succinctly. It just said: “The judgment is affirmed by an »

Affirmative action forever

Featured image In an opinion issued this morning, Justice Kennedy joined the Supreme Court’s four liberals to uphold the University of Texas’s “affirmative action” program in the Fisher case. This is the case’s second trip to the Court. It won’t be coming back. The Court’s opinion today is posted here. The Court’s 2013 opinion in Fisher I (as the Court refers to it) is posted here. I think today’s result is disappointing, »

Grassley not hurt by Garland standoff

Featured image When President Obama nominated Merrick Garland for the Supreme Court, I think he understood that the Republican Senate would not confirm the judge, at least not before the November election. Obama hoped instead that Republican intransigence would hurt GOP Senators up for reelection this Fall. Blocking Garland required the assistance of Sen. Grassley, the chairman of the Senate Judiciary Committee. Grassley is up for reelection. I never seen good evidence »

Can Trump be trusted on the Supreme Court?

Featured image Donald Trump’s Supreme Court list continues to dominate conservative discussion, at least the discussion that I follow. John Yoo strongly commends the list but worries that Trump won’t appoint anyone from it, or anyone comparably conservative. It is a legitimate concern. Trump has not said he will nominate someone from the list to fill the Scalia vacancy. Instead, he stated: “The following list of potential Supreme Court justices is representative »

More on Trump’s Supreme Court List [Updated]

Featured image I agree with Paul’s comments on the list of potential Supreme Court nominees that Donald Trump released today. I have a few additional thoughts. One of the judges on the list, David Stras, is on the Minnesota Supreme Court. He has stellar credentials, having clerked for Michael Luttig and Clarence Thomas. Prior to his appointment to the Minnesota court by Tim Pawlenty, he was of counsel to my law firm, »

Trump’s Supreme Court list

Featured image Donald Trump has released a list of 11 potential Supreme Court justices he plans to vet to fill the seat of late Justice Antonin Scalia if he’s elected to the White House. The impressive list contains these names: Steven Colloton (8th Cir.) Allison Eid (Colorado Sup. Court) Raymond Gruender (8th Cir.) Thomas Hardiman (3d. Cir.) Raymond Kethledge (6th Cir.) Joan Larsen (Mich. Sup. Court) Thomas Rex Lee (Utah Sup. Court »