Supreme Court

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 »

A liberal endorses Judge Gorsuch [UPDATED]

Featured image The nomination of Judge Neil Gorsuch to the Supreme Court has been very well received by conservatives and those on the center right. But he also has an endorsement that should carry weight with Democrats (though it probably won’t). Neal Katyal served as Solicitor General of the United States under President Obama. Now in private practice, he is also Paul and Patricia Saunders Professor of National Security Law at Georgetown »

Confirming Judge Gorsuch

Featured image By nominating Judge Neil Gorsuch rather than Judge William Pryor, the original frontrunner, I suspect that President Trump hopes to avoid a successful filibuster, and thus get his man confirmed without resort to the “nuclear option.” I’m not saying that this was the decisive consideration. It may be that Trump simply preferred Gorsuch — I don’t know. But it seems likely that Team Trump viewed the prospect of confirming Gorsuch »

Report: It’s Judge Gorsuch

Featured image President Trump will keep another of his campaign promises tonight when he names his choice to fill the Supreme Court seat left vacant by the death of Justice Scalia. Via Independent Journal Review, Ramesh Ponnuru reports that Trump will nominate Tenth Circuit Judge Neil Gorsuch to the Court. Ramesh deems Judge Gorsuch a worthy heir to Justice Scalia. Our own Paul Mirengoff took a highly favorable look at Judge Gorsuch »

Supreme Court Showdown: Keep Your Eye on Ed

Featured image With President Trump’s first Supreme Court nomination coming in a few hours, you can expect all hell to break loose from the left. Whoever it is will be portrayed as the worst person since . . . the last person Trump named to something yesterday. (Which is why I don’t think any nominee can be successfully “Borked.”) But in any case as this unfolds everyone should make a regular daily »

What to make of Trump’s sister’s praise for potential Supreme Court nominee

Featured image In the “race” for a Supreme Court nomination, Judge William Pryor may have the backing of Sen. Jeff Sessions (plus many movement conservatives), but Judge Thomas Hardiman has the backing of someone near and dear to President Trump — his sister, Judge Maryanne Trump Barry. Hardiman and Barry are colleagues on the U.S. Court of Appeals for the Third Circuit. Judge Barry’s support is causing some conservatives to worry about »

A look at Judge William Pryor

Featured image According to Eliana Johnson at Politico, President Trump has narrowed his list of potential Supreme Court nominees to three: Judge Neil Gorsuch, Judge Thomas Hardiman, and Judge William Pryor. Eliana reports that Pryor, once considered the frontrunner, now is thought to be “fading.” Pryor has the advantage of being backed by Sen. Jeff Sessions who is about to become Attorney General. He was also mentioned, along with Judge Diane Sykes, »

A look at Judge Neil Gorsuch

Featured image Judge Neil Gorsuch of the Tenth Circuit is now said in some reports to be the frontrunner for nomination to the Supreme Court. That makes me feel old. In the early 1980s when I practiced environmental law, his mother, the late Anne Gorsuch, was the controversial head of the EPA. Anne Gorsuch was my senior by only seven years. Neil Gorsuch looks like a fine candidate for the Supreme Court. »

Judge Sykes strikes down Chicago shooting-range regulations

Featured image Two of the leading contenders for a Supreme Court nomination are Judge William Pryor (11th Circuit) and Judge Diane Sykes (7th Circuit). Of the two, I am more familiar with Judge Pryor because we backed him during the contentious fight over his nomination and because I met him at a conference on “originalism.” I’m a fan. Though I’ve never met Judge Sykes, I have followed her career on the federal »