Supreme Court

Let the Games Begin

Featured image This afternoon President Trump announced his nomination of Judge Amy Barrett to the Supreme Court in a White House ceremony. Barrett spoke briefly and non-controversially. The confirmation battle is already underway; it has been since it became clear a few days ago that Barrett would be the nominee. The Democrats can’t dispute Barrett’s qualifications, which are conceded by the liberal American Bar Association. Nor will they be able to attack »

Karma Catches Up to Joe Biden

Featured image I’m starting to wonder whether I should believe in karma for real. There is something fitting about the fact that the Barrett nomination comes at the very moment that the person most responsible for blowing up judicial politics more than 30 years ago is the Democratic nominee for president—Joe Biden. There’s no way he can dodge questions at the first presidential debate next week about Barrett, and I hope Chris »

Report: It will be Judge Barrett

Featured image The Wall Street Journal reports that President Trump has decided to nominate Judge Amy Coney Barrett to the Supreme Court. According to the Journal, Trump has so informed “congressional Republicans and others.” So far, Trump has only confirmed that he has made up his mind on a pick. The announcement will be made tomorrow at 5:00 p.m. I suppose the president’s thinking could change between now and than, but it »

Thank Dems for the Barrett Nomination

Featured image Among the reasons President Trump has reportedly decided to appoint Amy Coney Barrett to the Supreme Court is that the Democrats already attempted to “Bork” her, but failed, and disgraced themselves in the process while elevating her public profile. Think I exaggerate? Check out this Tweet from Center for American Progress far-leftist Ian Millhiser: You can expect a lot of news reports over the next few days to re-run Sen. »

Ginsburg’s alleged “blind spot”

Featured image On Wednesday, an army of Justice Ginsburg’s former law clerks, all dressed in black, honored their mentor by lining up as “honorary pallbearers” on the front steps of the Supreme Court when her casket arrived. It was an impressive display. However, Christian Mitchell, Illinois’ Deputy Governor, noticed a “jarring lack of ppl of color” among the former Ginsburg clerks. This wasn’t because African-American former Ginsburg clerks declined to serve as »

Schumer spoils bipartisan effort to honor Ruth Bader Ginsburg

Featured image Is there anything Chuck Schumer wouldn’t try to politicize? If so, it’s not a simple, bipartisan tribute to Ruth Bader Ginsburg. Schumer has tried to smuggle his position on filling Ginsburg’s spot on the Supreme Court into the tribute to Ginsburg proposed by Republicans. Schumer’s position might also have been Ginsburg’s. Her granddaughter claims that the late Justice expressed a “fervent wish” that the Supreme Court vacancy not be filled »

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 »