Supreme Court

Amy Coney Barrett, superstar

Featured image Ed Whelan points out that in 2017, every Supreme Court law clerk who served the same term (October Term 1998) that Amy Coney Barrett clerked for Justice Scalia signed a letter supporting her nomination to the Seventh Circuit. The signatories hailed Barrett as a “woman of remarkable intellect and character,” as someone who “conducted herself with professionalism, grace, and integrity” and “was able to work collaboratively with her colleagues (even »

Now he tells us

Featured image Paul Farhi, a media critic for the Washington Post, says that Justice Ginsburg’s close friendship with NPR’s long time Supreme Court reporter Nina Totenberg raises questions of journalism ethics. Farhi notes that Ginsburg and Totenberg became friends in the 1970s. They shared dinners and celebrations, and Ginsburg presided over Totenberg’s wedding to her second husband. The question is whether Totenberg therefore was in a position fairly to cover Ginsburg’s work »

Murkowski: I’m Not a “No” [with comment by Paul]

Featured image Lisa Murkowski clarified (or perhaps changed) her position on the pending Supreme Court nomination yesterday by saying that she can’t take a position on the nomination until she knows who the nominee is: If Democrats were counting on Lisa Murkowski to vote against President Trump’s next nominee to the Supreme Court, they should think again. Sen. Murkowski said Tuesday she could not rule out that she would vote to confirm »

What if the Democrats pack the Supreme Court?

Featured image In response to the drive to confirm President Trump’s Supreme Court nominee, some Democrats are threatening to pack the Supreme Court if (1) the drive succeeds and (2) the Dems win the White House and take control of the Senate. Of course, talk of packing the Court did not begin with Justice Ginsburg’s death and the GOP’s decision to proceed with confirming a replacement during an election year. Some liberals »

Romney on board with considering Supreme Court nominee

Featured image Mitt Romney reportedly has agreed with Republican leadership’s decision to move ahead with the process of confirming a Supreme Court nominee. With Romney apparently on board, Lindsey Graham says that leadership has the votes to get a nominee confirmed, assuming no unexpected developments. I think confirmation needs to occur before the election. Afterwards, it will be too easy for certain Senators to defect if Trump loses. And frankly, there would »

Will Biden Pack the Court?

Featured image If Joe Biden wins the election, will he go along with the Democrats’ proposal to pack the Supreme Court? Good question! Biden admits, in fact, that it is “a legitimate question,” but one he prefers not to answer: Joe Biden on court packing: “I’m not going to answer that question” — RNC Research (@RNCResearch) September 22, 2020 I think we can take it that the answer is “yes,” but »

Democrats Then and Now

Featured image It was Justice William Brennan—initially put on the Supreme Court through a recess appointment only three weeks before the presidential election of 1956—who said the most important number at the Supreme Court is five—with five votes, he said, “anything is possible.” (Eisenhower later said his two biggest mistakes as president were his appointments of Earl Warren and Brennan to the Court.) Likewise, everyone over the age of six understands that »

The McSally conundrum [UPDATED]

Featured image Andy McCarthy points to a wrinkle that seems to diminish the likelihood the Senate will confirm President Trump’s selection to replace Ruth Bader Ginsburg, in the event that Joe Biden wins the election. Right now, Republicans hold the Senate by a 53-47 margin. This means that a nominee can be confirmed even if three GOP Senators refuse to go along. Barring exceptional circumstances, there would have to be four defectors »

The Pelosi confusion

Featured image FOX News covers House Speaker Nancy Pelosi’s appearance on the ABC News Sunday morning gabfest with George Stephanopoulos yesterday (video clip below). Pelosi simulates Dementia Joe in her tactful response to Stephanopoulos’s question asking about the “arrows” in the the Dems’ “quiver” to forestall the appointment a successor to Justice Ginsburg by anyone but Dementia Joe himself. Dementia appears to be the new thing, though in Pelosi’s case I infer »

Podcast: The Three Whisky Happy Hour—”The Frigate 93 Election?”

Featured image I know we promised listeners that last week’s episode would be the beginning of a three-part series on liberal education rightly understood, but the passing of Justice Ginsburg has thrown us off our plan. But rather than go in for the usual punditry about confirmation battles and the effect this will have on the election, Lucretia and I decided to step back and take on a truly radical perspective on »

Questions on the table

Featured image There is an obvious follow-up question or two to the widely quoted statement made by Senate Minority Leader Chuck Schumer during a Democratic Caucus conference call Saturday afternoon. Schumer is quoted saying “everything Americans value is at stake” and warned of possible payback if Republicans fill Justice Ginsburg’s vacant Supreme Court seat before January. “Let me be clear: if Leader McConnell and Senate Republicans move forward with this, then nothing »

What it all comes down to

Featured image In the coming weeks, as the struggle to confirm a Supreme Court nominee fires up, we will be inundated with facts about past confirmation timetables and other “precedents.” Advocates will try to elevate past practices to matters of principle, and maybe even to matters of morality. I think all of these arguments should be ignored. The only rule that applies, and it’s a reasonable one, is that Supreme Court nominees »

The Democratic Supreme Court Freakout

Featured image So Democrats are having a collective freakout over the passing of Justice Ginsburg, and naturally are threatening violence and rioting if they don’t get their way, just like their threats about the election if Trump wins. In other words, more of the same of what we’ve seen the last few weeks. Here’s a sampler of some of the reactions on social media (but STRONG LANGUAGE WARNING): Meanwhile, how’s this for »

Thoughts on the passing of Ruth Bader Ginsburg

Featured image President Trump got it right last night when he called the late Justice Ginsburg an amazing woman with an amazing life. She is the foremost female the American legal professor has produced to date, and it’s unlikely that she will be surpassed any time soon. Ginsburg was a fierce partisan and liberal ideologue. Yet, she is said to have forged and maintained a strong friendship with the late Justice Scalia. »

How Does Ginsburg’s Death Affect the Race?

Featured image As Steve has noted, Ruth Ginsburg died today. Steve said that we would be back tomorrow with more thoughts, so I am jumping the gun. Here are some preliminary observations: 1) I think President Trump will nominate Amy Barrett to fill the vacancy, and will do so quickly. 2) I think Mitch McConnell will schedule hearings to take place soon. 3) The Supreme Court has always been a winning issue »

Breaking: Justice Ruth Bader Ginsburg Has Passed Away

Featured image News breaking at this hour that Justice Ruth Bader Ginsburg has died at age 87. If you thought this election was already thermonuclear, just wait for what happens over the next 72 hours—and seven weeks to the election for that matter. I’ll refrain for now on discussing all of that and allow for a decent interval of observation and remembrance, though I suspect that won’t be the case elsewhere. We’ll »

Trump Announces New Supreme Court List [Updated] [with comment by Paul]

Featured image Today President trump released another list of potential Supreme Court nominees. These are described as additions to the president’s prior lists, so those original people are still in the mix. This is today’s list: Bridget Bade is a Judge on the United States Court of Appeals for the Ninth Circuit. Prior to her appointment in 2019, Judge Bade was a United States Magistrate Judge for the District of Arizona and »