Category Archive 'Supreme Court Appointments'

12 Sep 2018

Democrats Finally Getting What’s Coming to Them

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Nemesis, statue dedicated by Ptollanubis. Marble, found in Egypt, 2nd century AD. Louvre Ma 4873.

Noemie Emery gleefully observes that the day of reckoning for democrats for what they did to Robert Bork has arrived.

Are you happy now, Teddy Kennedy? Are you happy, Joe Biden? Are you happy now, Harry Reid? It’s due to the things that you did and said that Donald J. Trump is now naming his second Supreme Court justice in under two years in office. It is your fault that the once courtly process of Supreme Court appointments turned into the blood-and-thunder-eye-gouging drama that we hate and we live through today.

It was 31 years ago, in 1987, that Edward M. Kennedy burst on the floor of the Senate to tell us all that with Robert Bork on the Supreme Court, “women would be forced Into back-alley abortions,” blacks would eat at segregated lunch counters, writers and artists could be censored at the whim of the government, and the freedom of millions would hang by a thread.

Before it was over, liberals would raise and spend over $10 million in negative ads (quite a sum at the time) and in lobbying efforts. They would threaten black witnesses with career-ending reprisals and seize and search records of video rentals for signs of blue movies that were never found.

As Steve Hayward says, “The demagogic nature of the public campaign against him made it a watershed moment in American politics, permanently deforming the nomination process as for the judiciary, with ideological battles now extending to the lower federal courts as well.”

RTWT

Tell us, Chuck Schumer, where is that filibuster, now that you need it?

13 Jul 2018

Trump Could End Up Replacing 4 Supreme Court Justices in his First Term

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Business Insider points out that Trump may just be getting started on remodeling the Supreme Court.

Trump now stands to secure two justices in the first half of his first term. Presidents Barack Obama and George W. Bush appointed two justices each during their eight years in office.

Supreme Court justices, who serve for life after a presidential appointment and Senate confirmation, represent one of the longer-lasting marks a president can leave on the country, as the justices often serve for decades.

But Trump reportedly thinks he can get an additional two justices in.

In October, the news website Axios cited an anonymous source detailing private predictions by Trump that Justices Ruth Bader Ginsburg and Sonia Sotomayor would retire during his term.

“What does she weigh? 60 pounds?” Trump asked of the now-85-year-old Ginsburg, a source told Axios. The same report indicated Trump said Sotomayor, over 20 years younger than Ginsburg, was also in trouble because of “her health.”

“No good. Diabetes,” Trump reportedly said.

Sotomayor had a health scare in January with paramedics treating her for low blood sugar, but she quickly returned to work. Sotomayor says she’s vigilant about her Type 1 diabetes, which she’s had since childhood.

During the 2016 campaign, Trump often said he or his Democratic opponent, Hillary Clinton, could end up appointing five justices. …

Ginsburg and Sotomayor are liberal justices, so replacing both Kennedy and either of them with conservatives could change the court’s makeup for decades, possibly reversing decisions like Roe v. Wade.

RTWT

10 Apr 2010

Who Will Replace John Paul Stevens?

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Daniel Foster, at the Corner, supplies a list of the likely Obama choices to succeed Supreme Court Justice John Paul Stevens who has announced his retirement at age 90.

[B]eginning, roughly, with the center-most candidate and moving left, that list likely includes:

Merrick Garland – a former federal prosecutor and current D.C. Circuit appeals judge. A Clinton appointee, Garland is well-liked by Democrats and even some Republicans in the Senate.

Elena Kagan – The first-female Solicitor General and probably first-runner-up for the Sotomayor seat, Kagan has a record of the kind of cagey jurisprudence that is ideal for a tough confirmation battle. She is well-respected by just about everybody on both sides, but lacks the paper trail that would reveal just how far to the left she’d sit.

Diane Wood – Another Clinton appointee, considered the heaviest liberal counterweight to the conservative Chicago Seventh Circuit Court of Appeals dominated by Richard A. Posner. Wood was a colleague of President Obama at the University of Chicago Law School.

Pamela Karlan
– A professor at Stanford Law School, Karlan is a longshot once was described by the New York Times as a “snarky. . . Antonin Scalia for the left.” Karlan is openly gay, and an outspoken liberal.

“Would I like to be on the Supreme Court?” Ms. Karlan asked once asked during a Stanford graduation address. “You bet I would. But not enough to have trimmed my sails for half a lifetime.”

A longer list would include some Obama DOJ officials / liberal legal intellectuals like Harold Koh and Cass Sunstein. And the administration reportedly vetted a number of politicians for the Sotomayor spot that could be reconsidered here, including Homeland Security Secretary Janet Napolitano (“the system worked”), Sens. Byron Dorgan (D., N.D.) and Claire McCaskill (D., Mo.), and Michigan Governor Jennifer Granholm (D.)

My two cents: It’s Kagan or somebody nobody is even talking about.

I suspect Obama is going to go farther leftward than most people expect.


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