Supreme Court

Behind the Left’s Primal Scream Over the Supreme Court’s Religious Liberty Ruling

Featured image I’ve noticed today that the left is in a fury about the Supreme Court’s 5-4 ruling last night striking down New York’s wholly arbitrary restrictions on churches and other places of worship because the Court is “ignoring the advice of the experts.” True indeed. I could go on at some length about old cases involving the arbitrary (and therefore unconstitutional) use of the government’s police power, but in this case »

Justice Alito tells it like it is

Featured image I’m a huge fan of Justice Samuel Alito. His speech to the Federalist Society this week, delivered virtually, is a good example of why. Alito’s message was that key American rights are in jeopardy. He noted, for example, that the Wuhan coronavirus pandemic has resulted in previously “unimaginable” restrictions on individual liberty. “We have never before seen restrictions as severe, extensive and prolonged as those experienced for most of 2020,” »

First Circuit affirms decision that Harvard doesn’t discriminate against Asian-American applicants

Featured image As expected, a panel of the liberal U.S. Court of Appeals for the First Circuit has affirmed a lower court ruling that Harvard’s race-conscious admissions program is lawful. You can read the opinion, all 100 pages of it, here. Having read the opinion, I don’t recommend it except to those with a particular interest in the issue. For me, the most interesting portion begins at page 90, when the court »

Supreme Court set to uphold Obamacare

Featured image During the hearings on the nomination of Amy Coney Barrett, Democrats on the Senate Judiciary Committee pretended that confirming Barrett would jeopardize Obamacare. To support this claim, they noted that the Supreme Court soon would be hearing a challenge to that law and they pointed to a law review article by Barrett that criticized Chief Justice Roberts’ reasoning when he upheld Obamacare in 2012. The Dems’ argument was always phony. »

The Supreme Court now

Featured image What is the shape of the Supreme Court now that Amy Coney Barrett is a member? Three articles consider the question. Jason Richwine argues that the new court is best viewed, not as one in which Justice Barrett has replaced Justice Ginsburg, but as one in which Justice Kavanaugh has replaced Chief Justice Roberts as the key vote. I agree. Assuming no court packing, the question then becomes how much »

Justice Barrett!

Featured image It’s all done. She’s Justice Barrett now. As Paul has already noted, Democrats have themselves to blame in their expedient decision under Harry Reid to eliminate the filibuster for appellate court nominees—a move determined by entirely short-term considerations of the DC Circuit Court of Appeals that kept blocking overreaching executive branch initiatives from President Obama. I wonder if this bitter experience will give Democrats pause about abolishing the legislative filibuster »

Today is the day

Featured image Judge Amy Coney Barrett is to be confirmed as an associate justice of the Supreme Court later today. We support her confirmation. We think she will make a great contribution to the Court. President Trump himself has made a great contribution to the federal judiciary with the quality of his nominations to the bench. Senate Majority Leader Mitch McConnell — I would like to say our beloved Cocaine Mitch — »

Hamlet of the far north will vote to confirm Judge Barrett

Featured image Lisa Murkowski has announced that she will vote in favor of confirming Amy Coney Barrett to the Supreme Court. It now appears that Susan Collins will be the only Republican Senator not to support Barrett’s confirmation. Initially, Murkowski was opposed to confirming Barrett. Her gripe, she said, was with the process. That is, she opposed confirming a Supreme Court Justice, no matter how well qualified, in a presidential election year »

Republicans looking to confirm Judge Barrett on or around Oct. 26

Featured image The Hill reports that Senate Republicans are eyeing a final vote to confirm Judge Amy Coney Barrett to the Supreme Court on Monday, October 26 — less than a week from today. That timeline isn’t locked down, but Republicans are planning a rare weekend session that would set up a final vote early next week. My initial take was that Barrett probably wouldn’t be confirmed before the election (and probably »

One Bright Spot [with comment by Paul]

Featured image In the two posts immediately preceding this one, Paul critiques in detail the performance of Democratic senators in today’s hearing. He shows how they abused the Supreme Court confirmation process and embarrassed themselves, if embarrassment were still possible. Paul made the sacrifice of watching the hearing; I didn’t. But I did see one short clip from the hearing, in which Senator John Cornyn gave Judge Barrett an opportunity to show »

Is a packed Supreme Court in our near future?

Featured image The Senate Judiciary Committee’s hearings on the nomination of Judge Amy Coney Barrett begin on Monday. It’s likely, though not certain, that Barrett will be confirmed. If she is, conservatives will hold either a 6-3 or a 5-3 majority on the Supreme Court, depending on how one categorizes Chief Justice Roberts and how he votes going forward. If the Democrats win the White House and the Senate, Joe Biden and »

Court Packing? We’ll Find Out After the Election

Featured image Joe Biden has once again refused to say whether he intends to pack the Supreme Court, telling us that we will find out “when the election is over.” Why? Because he doesn’t want to make headlines. And, of course, if he admits that he intends to pack the court, it will indeed be a news story: Joe Biden AGAIN refuses to say whether he supports packing the Supreme Court. "You'll »

How Desperate Are the Democrats…

Featured image …to smear Judge Barrett? This desperate: The Committee's questionnaire requires disclosure of material that a candidate has "written or edited." Judge Barrett neither wrote nor edited the ad in question. This reporter's (and Dem aides') suggestion that ACB did something improper on her questionnaire is false. — Ben Williamson (@_WilliamsonBen) October 1, 2020 NBC has pretty much declared itself a Democratic Party shill service. Here, NBC News pushes out »

Tempering expectations about a Justice Barrett

Featured image Michael McConnell, the distinguished conservative Stanford law professor and former judge, urges folks to calm down about Amy Coney Barrett. His column appears in the Washington Post, and thus, I assume, the folks he mainly wants to reassure are D.C. area liberals. I don’t know whether McConnell will succeed in calming liberals down, but for some conservatives his column will feel like a cold shower. McConnell focuses on a Justice »

The Handwringing Tale

Featured image As mentioned here over the weekend, one reason among many that President Trump chose to appoint Amy Coney Barrett to the Supreme Court is that she’s already survived a Democratic attack, and one that was especially ugly in its overt anti-Catholic bigotry. Democrats with sense understand that a reprise of that attack will be a disaster for them. Over the weekend you could see various Democrats, including Nancy Pelosi and »

What Kendi can do

Featured image Steve Hayward gave us an unpleasant taste of Ibram X. Kendi, now spewing hate from a prestigious perch at Boston University, in his post “This week in racial retribution.” Kendi has joined those discrediting Judge Barrett for her adoption of two Haitian kids (Vivian and John Peter). Surely this cannot stand! #New Judge Amy Coney Barrett and family at The White House. — The TRUMP PAGE 🇺🇸 (@MichaelDeLauzon) September »

Democrats plan to delay, delay, delay

Featured image Democrats reportedly are circulating a memo on how to delay a vote on the confirmation of Amy Coney Barrett until after the election. The thinking is that if President Trump loses and Republicans lose their Senate majority in the next Congress, the chances of thwarting confirmation in the lame duck session will be substantial, or at least improved substantially. I don’t know if that thinking is correct, but it’s sensible »