Federal Judiciary

Constitution Day

Posted on September 17, 2009
John Vile put it this way: Whereas officers in some dictatorships pledge personal allegiance to their leaders, American officers, like the President himself, pledge first and foremost to uphold the Constitution of the United States. In this way, they affirm that the rule of law is superior to the rule of a human leader...

Open Thread

Posted on September 14, 2009
I just re-wrote the blurb at the top right of the page ("ABOUT CONFIRMTHEM").

Underneath Their Robes

Posted on September 05, 2009
There's some discussion at the end of this September 03, 2009 video about attire of the female justices. It probably wouldn't matter much if the justices were to show up in transparent robes (or birthday suits), but still there is some merit in a plain black robe without frills...

Open Thread

Posted on August 26, 2009
Looks like this site was down for several days, but is back up now.

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Remembering Eunice Kennedy Shriver and Ted Kennedy

Posted on August 26, 2009
Ted Kennedy was a great champion of civil rights for minorities, for which he generally deserves praise. He fought hard against both real injustice as well as perceived injustice, and (alas) supported unlimited use of judicial means to achieve his policy ends...

Schumer Said to Be Preparing Nuclear Option, Plus Cato Commentary About Sotomayor

Posted on August 10, 2009
The Weekly Standard blog has a post titled, "Schumer Preparing for Nuclear Option to Ram Through Health-Care Bill." That blog post seems somewhat speculative, and Schumer hasn't explicity threatened it. Meanwhile, Ilya Shapiro of the Cato Institute has some comments about the Sotomayor confirmation hearings...

Open Thread

Posted on August 10, 2009
Chat.

Legitimacy of Justice Sotomayor's Appointment

Posted on August 09, 2009
I suppose that some people (not me!) will now deny Justice Sotomayor's legitimacy as a member of the Supreme Court, due to what they allege was President Obama's ineligibility. Here's what Andrew Sullivan wrote on July 29 about this: It is our job to demand all the evidence we want or need...

Sotomayor Confirmation Vote Will Probably Be Today

Posted on August 06, 2009
Looks like Judge Sotomayor will be confirmed today by the Senate. Of the 40 GOP Senators, 31 oppose, eight support (Alexander, Bond, Collins, Graham, Gregg, Lugar, Martinez, and Snowe), and one has not announced (Voinovich). Click on the name of any of the GOP Senators for their explanations...

McCain To Vote "No" On Sotomayor Nomination

Posted on August 03, 2009
Sen. John McCain's statement is here. It's a very thoughtful and persuasive explanation. I've posted links to statements by other GOP senators here. Hat Tip: Bench Memos. read more

Yet Another Sotomayor Open Thread :-)

Posted on August 01, 2009
Various GOP Senators have announced how they will vote on the Sotomayor nomination, and you can read their reasons: Alexander, Bennett, Brownback, Bunning, Burr, Chambliss, Coburn, Cochran, Collins, Corker, Cornyn, Crapo, DeMint, Graham, Grassley, Hatch, Inhofe, Isakson, Johanns, Kyl, Lugar, Martinez, McConnell, Snowe, Thune, Vitter, and Wicker...

Sotomayor Open Thread

Posted on July 24, 2009
Here's a new comment thread, i.e. some virtual real estate for you to colonize. :-) Do you think Senator Hatch is right? News reports say: "For the first time in his 33-year Senate career, Utah Sen. Orrin Hatch will vote against a Supreme Court nominee...

Reminders About the Sotomayor Nomination

Posted on July 12, 2009
This blog is obviously for supporting nominees, and since we probably won't be supporting confirmation of Judge Sotomayor, there's not much point in saying a whole heck of a lot here, especially before the hearings begin. But, feel free to discuss the nomination in the comments section...

Open Thread

Posted on June 08, 2009
Comment away. :-)

Interesting Article by Charlie Savage

Posted on May 27, 2009
Apparently, there were no litmus tests, for which President Obama deserves praise.

On the Sotomayor appointment

Posted on May 26, 2009
My take on the appointment? She's the best of the worst. Judge Sotomayor will almost certainly be a reliably liberal vote on the hot-button social issues, but she's not going to play a leading role in shaping the jurisprudence of the Court (like Judge Diane Wood almost certainly would have done)...

Big Second Amendment Case Coming Up

Posted on May 11, 2009
See www.ArmsKeepers.org. I hope you all are enjoying Spring and Summer! Cheers.

Kathleen Sullivan: SCOTUS or 9th Circuit?

Posted on May 06, 2009
The subplot to yesterday?s announcement that Michael McConnell is leaving the Tenth Circuit is that he will be replacing Law Professor Kathleen Sullivan as Director of Stanford?s Constitutional Law Center. It?s hard to imagine that the ultra-liberal Sullivan is happy about being replaced by the conservative McConnell...

Obama Sticks to his Activism Pledge

Posted on May 02, 2009
This was my advice to President Obama yesterday: [N]ow would be a good time for you to clarify if you feel that you may have gone too far by endorsing judicial activism. For example, you could make it clear that you agree with Attorney General Eric Holder?s recent statement that ?judges should make their decisions based only on the facts presented and the applicable law...

Justice Souter to Step Down?

Posted on May 01, 2009
Reliable rumor has it that Justice David Souter, nominated by President George H.W. Bush but a reliable liberal vote on the Court, is intending to step down at the end of this term. Story here. Likely candidates for replacing Souter: Sotamayor, Kagen, Wood (in that order of likelihood)...

Rethinking Impeachment

Posted on April 20, 2009
Adding to a growing chorus of left-wing whacko voices, Rep. Jerry Nadler (D ? NY) called today for the impeachment of Ninth Circuit Judge Jay Bybee, who headed DOJ?s Office of Legal Counsel when it produced the ?torture memos? released last week. Frighteningly, Rep...

Levey/Shaw Debate in NYC Tomorrow

Posted on March 31, 2009
Civil rights icon Ted Shaw and I will be debating ?The Future of Diversity Under Obama? tomorrow April 1 at noon and 6 pm in Manhattan. The evening debate at Clifford Chance will focus on racial and gender preferences in law firm hiring and promotion...

Hamilton is no "moderate"

Posted on March 17, 2009
And so it begins. Let's see how long it will take before Professor Kmiec writes an op-ed explaining how legal conservatives should celebrate Hamilton's appointment to the Seventh Circuit. Update: And, of course, CNN is calling Hamilton a "moderate." Also, and to no one's surprise, Senator Lugar is praising Obama's appointment of Hamilton...

Even Dellinger Says Obama Should Go With Moderates

Posted on March 17, 2009
My latest at the Examiner. Money quote has Dellinger saying conservative judicial philosophy is an electoral winner: http://www.dcexaminer.com/opinion/columns/QuinHillyer/Quin-essential-Cas...

The Judges are Coming

Posted on March 16, 2009
CQ?s Legal Beat blog reports that Senate Judiciary Chairman Pat Leahy ?expects the first judicial nominees to be announced before the Senate leaves for its recess on April 3,? with ?hearings right after the recess.? Last year, Leahy couldn?t find time to hold hearings for judicial nominees who had been waiting months or years, but I guess he?s feeling peppier in 2009...

The Secret to Justice Souter?s Jurisprudence

Posted on March 10, 2009
"When the term of court starts, I undergo a sort of annual intellectual lobotomy and it lasts until the following summer." — Justice David Souter, Humanities in a Civil Society Symposium, George Washington University, March 9, 2009 (quote begins at 1:26:30 here)

Unions at the high court

Posted on March 10, 2009
As if we don't already know how many areas of life the Supreme Court can mess up, here's my latest on last month's Ysursa decision -- a win for the right side, but one where Souter and Breyer opened the door for another crack at it. http://www.dcexaminer...

Ted Cruz for Texas AG

Posted on March 04, 2009

Open Thread

Posted on February 24, 2009
Have at it, people.

Best Wishes to Justice Ginsburg

Posted on February 05, 2009
Sad news: http://www.breitbart.com/article.php?id=D965IOJ00&show_article=1. Pancreatic cancer is usually a very bad thing. Our prayers are with the Justice.

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