[VIDEO] Gorsuch Finds Himself in the Middle of a Senate Showdown 

A growing number of Democrats say they will not support the Supreme Court nominee, while GOP leaders are coy on plans to use the nuclear option; Shannon Bream provides insight on ‘Special Report’


[VIDEO] Franken Visibly Frustrated When Gorsuch Doesn’t Take Bait on Merrick Garland Question 


REWIND 2010: President Obama Insults Supreme Court Justices to Their Face at State of the Union Address 

 

WASHINGTON, JAN. 28, 2010—  It is not unusual for presidents to disagree publicly with Supreme Court decisions. But they tend to do so at news conferences and in written statements, not to the justices’ faces.

President George W. Bush, for instance, did not hesitate to criticize a 2008 rulingrecognizing the rights of prisoners held at Guantánamo Bay, Cuba — but he did it at a news conference in Rome. President Richard M. Nixon said he was disappointed with a 1974 decision ordering him to turn over the tapes that would help end his presidency — in a statement read by his lawyer.

President Obama’s approach at the State of the Union address Wednesday night was more personal, and he seemed a little self-conscious about it.

Before he began his attack on a Supreme Court decision not yet a week old, Mr. Obama added a few words that had not been in the prepared text. The new preface — “with all due deference to separation of powers” — seemed to acknowledge that he was aiming unusual rhetorical fire at several Supreme Court justices sitting right in front of him.

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Several justices, in the first two rows, were sitting right in front of the president when he attacked the campaign finance ruling. Stephen Crowley/The New York Times

Justice Samuel A. Alito Jr., one of the justices in the majority in the decision under attack, shook his head as he heard the president’s summary of Citizens United v. Federal Election Commission, and he appeared to mouth the words “not true.”

It was not quite the shouted “You lie!” from Representative Joe Wilson, Republican of South Carolina, at September’s presidential address to a joint session of Congress. But in its way, the breach of decorum on both sides was much starker.

Peter G. Verniero, a former justice on the New Jersey Supreme Court, said neither end of the exchange helped the prestige of the United States Supreme Court.

“The court’s legitimacy is derived from the persuasiveness of its opinions and the expectation that those opinions are rendered free of partisan, political influences,” Mr. Verniero said. “The more that individual justices are drawn into public debates, the more the court as an institution will be seen in political terms, which was not the intent of the founders.”

Modern presidents and Supreme Court justices do not interact very much, and this particular president might be expected to have strained relationships with at least Justice Alito and Chief Justice John G. Roberts Jr., both of whose nominations he voted against as a senator. The president and chief justice would both also probably like to forget the flubbed administration of the presidential oath at Mr. Obama’s inauguration last year. Read the rest of this entry »


Trump Short Circuits Washington

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The blasé manner in which the media describes opposition to Trump from within the bureaucracy is stunning.

Matthew Continetti writes:

…The same forces that opposed Trump during the Republican primary and general election are trying to break his presidency before it is a month old. At issue is the philosophy of nation-state populism that drove his insurgent campaign. It is so at variance with the ideologies of conservatism and liberalism predominant in the capital that Washington is experiencing something like an allergic reaction.

“The message this establishment is sending to Trump? Conform or be destroyed. The outrage at the president’s executive order on refugees and travel was a sample of what is coming. Trump is used to fighting the media and campaign opponents, but he has little experience with the professional and supposedly nonpartisan bureaucracy.”

Nation-state populism diverges from Beltway conservatism on trade, immigration, entitlements, and infrastructure, and from liberalism on sovereignty, nationalism, identity politics, and political correctness. Its combative style and heightened rhetoric offend the sensibilities of career-minded Washingtonians of both parties, who are schooled in deference, diplomacy, being nice to teacher, and the ancient arts of CYA.

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“Not only are there two Americas. There are two governments: one elected and one not, one that alternates between Republicans and Democrats and one that remains, decade after decade, stubbornly liberal, contemptuous of Congress, and resistant to change. It is this second government and its allies in the media and the Democratic Party that are after President Trump, that want him driven from office before his term is complete.”

The message this establishment is sending to Trump? Conform or be destroyed. The outrage at the president’s executive order on refugees and travel was a sample of what is coming. Trump is used to fighting the media and campaign opponents, but he has little experience with the professional and supposedly nonpartisan bureaucracy. That is why his firing of acting attorney general Sally Yates was so important. She ordered her department not to defend an executive order that had been cleared by the White House counsel and her own Office of Legal Counsel. For Trump to have delayed or done nothing would have been an invitation to further subversion. He let Yates go within hours.

[Read the full story here, at freebeacon.com]

The blasé manner in which the media describes opposition to Trump from within the bureaucracy is stunning. “Federal workers turn to encryption to thwart Trump,” read one Politico headline. “An anti-Trump resistance movement is growing within the U.S. government,” says Vanity Fair. “Federal workers are in regular consultation with recently departed Obama-era political appointees about what they can do to push back against the new president’s initiatives,” reports the Washington PostRead the rest of this entry »


Charles Krauthammer’s Religious Epiphany

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He guaranteed Neil Gorsuch elevation to the Supreme Court.

…Donald Trump for winning the election. Hillary Clinton for losing it. Mitch McConnell for holding open the high court seat through 2016, resolute and immovable against furious (and hypocritical) opposition from Democrats and media. And, of course, Harry Reid.

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God bless Harry Reid. It’s because of him that Gorsuch is guaranteed elevation to the court. In 2013, as Senate majority leader, Reid blew up the joint. He abolished the filibuster for federal appointments both executive (such as Cabinet) and judicial, for all district and circuit court judgeships (excluding only the Supreme Court). Thus unencumbered, the Democratic-controlled Senate packed the lower courts with Obama nominees.

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Reid was warned that the day would come when Republicans would be in the majority and would exploit the new rules to equal and opposite effect. That day is here.

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The result is striking. Trump’s Cabinet appointments are essentially unstoppable because Republicans need HarryReidClockonly 51 votes and they have 52. They have no need to reach 60, the number required to overcome a filibuster. Democrats are powerless to stop anyone on their own.

[Read the full story here, at The Washington Post]

And equally powerless to stop Gorsuch. But isn’t the filibuster for Supreme Court nominees still standing? Yes, but if the Democrats dare try it, everyone knows that Majority Leader McConnell will do exactly what Reid did and invoke the nuclear option — filibuster abolition — for the Supreme Court, too.

Reid never fully appreciated the magnitude of his crime against the Senate. As I wrote at the time, the offense was not abolishing the filibuster — you can argue that issue either way — but that he did it by simple majority. Read the rest of this entry »


Justice Thomas: ‘Honor Scalia by Reining in Government’

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Thomas told 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution.

Supreme Court Justice Clarence Thomas called on fellow conservatives Thursday to continue the work of the late Justice Antonin Scalia to keep the power of the courts and other branches of government in check.

Thomas told 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution. He cited the decision in 2015 that made same-sex marriage legal across the country.

Thomas said he and his longtime friend and colleague formed an “odd couple” of a white New Yorker and a black man from Georgia.

He paraphrased Lincoln’s Gettysburg address to exhort the audience to “be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion.”

Thomas and Supreme Court Justice Samuel Alito were the bookends of the Thursday meeting of the Federalist Society, at which conservatives were reveling in Donald Trump’s unexpected victory in the presidential election because it is likely to result in the appointment of conservative judges to the Supreme Court and other federal courts.

Justice Scalia testifies on Capitol Hill in Washington

Alito issued his own rallying cry to conservatives, describing religious freedom and gun rights as among “constitutional fault lines,” important issues at stake in the federal courts.

The conference of conservatism’s leading legal lights took on a new air of importance with Trump’s victory, and included a list of judges the president-elect has named as candidates to fill the vacancy created by Scalia’s death last February.

In their remarks, Thomas and Alito didn’t mention the election or the vacancy, rather using the platform to pay tribute to Scalia, a longtime colleague and conservative ally in high-court battles on hot-button social and political issues. Read the rest of this entry »


[VIDEO] Justice Clarence Thomas: Personal Reflections On The Court, His Jurisprudence, and His Education

Personal reflections on twenty-five years on the Court, his jurisprudence, and his education. Click “Show more” to view all chapters. For more conversations, visit here.

Chapter 1 (00:15 – 32:38): On the Supreme Court
Chapter 2 (32:38 – 1:09:36): The Education of Clarence Thomas

Supreme Court Justice Clarence Thomas give the commencement speech to the 2008 graduation class of High Point University Saturday, May 3, 2008 in High Point, N.C. (AP Photo/Jim R. Bounds)

Appointed by President George H.W. Bush, Justice Clarence Thomas has served on the Supreme Court since October 1991. In this conversation, Justice Thomas shares personal reflections on the Court, his jurisprudence, and the people, ideas, institutions, and experiences that have influenced him. Justice Thomas also reflects on his late colleague and friend Justice Antonin Scalia.