Federal Judiciary

Stoned

Posted on May 08, 2008
Howard Bashman has a roundup of reactions to John McCain's recent speech about judicial nominations, including a column in the Chicago Tribune by Geoffrey Stone. Professor Stone asserts that McCain is "ignorant" because McCain does not unquestioningly admire judges (like Justice Stevens) who were appointed by GOP presidents...

Oliver Wendell Holmes v. Louis Brandeis

Posted on May 08, 2008
Earlier today, I was reading over John McCain's excellent speech in 1987 supporting the Bork nomination (hat tip to Powerline). After McCain's speech, Senator Lloyd Bentsen explained his opposition to the Bork nomination, and Bentsen said: "I happen to agree with a former Supreme Court Justice named Louis Brandeis that the makers of the Constitution 'conferred, as against the government, the right to be let alone---the most comprehensive of rights and the right most valued by civilized men...

My Take on McCain's Speech

Posted on May 08, 2008
I spend a lot of time nitpicking McCain's speech, and I stand by my nitpicks -- but overall, it gets a good grade, here.

New Nominee

Posted on May 08, 2008
U.S. District Judge Glen Conrad was nominated today to the Fourth Circuit. There are now two Conrad nominations pending for the Fourth Circuit, the other being that of Judge Robert Conrad. read more

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Some More Stuff from McCain

Posted on May 06, 2008
In addition to the McCain speech I recently posted, people also might be interested in the following three documents that Manny Miranda kindly emailed today (all in pdf format): 1) A list of people on McCain's new "Justice Advisory Committee." 2) A letter (dated last year) from Judge Charles Pickering regarding the Gang of 14 deal...

John McCain's Speech This Morning on Judicial Nominations

Posted on May 06, 2008
Here's the full text of Sen. McCain's very good speech this morning at Wake Forest University in North Carolina: Thank you, Ted, and thank you all very much. Dr. Hatch, I'm grateful for your invitation to this great university. And Senator Richard Burr, thank you for that warm welcome to North Carolina and to Wait Chapel...

Three Cheers for Bernard Amyot

Posted on May 04, 2008
Who is Bernard Amyot? He's president of the Canadian Bar Association. And Canada is getting ready for only its second-ever public hearing to feature a Supreme Court nominee. According to Amyot, "A judge's personal beliefs should be off limits." Here's an extended excerpt from Amyot's May 4 column in the Toronto Star: Our concern is that the partisan nature of Parliament lends itself to the demonstration of political agendas...

"McCain to talk judges in North Carolina"

Posted on May 01, 2008
CNN"s Political Ticker has this report: On the day Democrats hold a crucial primary in North Carolina, John McCain will venture to the Tar Heel State to lay out his vision on what kind of judges he would appoint to the bench. The McCain campaign tells CNN's Dana Bash the Arizona senator will deliver a speech next Tuesday at Wake Forrest University designed to help bolster his standing among conservatives with regard to the issue of judges...

Excellent New Blog on State Legal Reform

Posted on May 01, 2008
The American Justice Partnership is an amazing coalition of organizations working on legal / tort reform at the state level. Dan Pero, the organization's President recently launched a new blog. I've checked it out, and it looks pretty good. It's definitely a resource for anyone who is interested in legal reform...

Specter, McConnell Send Letter

Posted on April 29, 2008
Without comment, I post this letter, sent today: April 29, 2008 The Honorable Harry Reid The Honorable Patrick J. Leahy Majority Leader Chairman United States Senate Senate Committee on the Judiciary S-221 Capitol Building 224 Dirksen Senate Office Building Washington, D...

Fight, Fight, Fight

Posted on April 25, 2008
That's what I recommend in my column today (here) at the Washington Examiner. Notice the poll numbers. It's incredible to me that we keep finding ways to lose.

GOP Senators React as Leahy Guts Judges Deal

Posted on April 24, 2008
All nine Republican members of the Senate Judiciary Committee have joined the chorus calling on Sens. Pat Leahy and Harry Reid to show good faith in implementing their agreement with Minority Leader McConnell to confirm three circuit court nominees by Memorial Day...

Ledbetter Nonsense

Posted on April 23, 2008
People for the American Way (PFAW) is currently running radio ads against Sen. Norm Coleman because Coleman helped confirm Justice Alito, who in turn later wrote the Supreme Court?s opinion in Ledbetter v. Goodyear. The fact is that the Court?s Ledbetter decision was perfectly reasonable...

WSJ on Judges Deal; CFJ Founder Honored

Posted on April 23, 2008
In the wake of last week?s Senate deal on judicial nominations, today?s Wall Street Journal joins the voices noting the desirability of filling in the blanks in the deal with the names of circuit court nominees Peter Keisler, Bob Conrad, and Steve Matthews...

McCain, Obama, & Clinton Respond

Posted on April 21, 2008
Senator Specter has released the responses of Sens. McCain, Obama, and Clinton to his letter inquiring about their position on his proposed petition to discharge Peter Keisler, Bob Conrad, and Steve Matthews from the Judiciary Committee.

Santorum, Harrison, Obama and Clinton on Judicial Nominees

Posted on April 21, 2008
Rick Santorum wrote this today: Many conservatives have given McCain poor marks for his involvement in the Gang of 14. I was in leadership pushing hard for a showdown with the Democrats on using the "Constitutional Option" to end their filibuster of judicial nominations...

Weeken Open Thread

Posted on April 18, 2008
Have a great Saturday and Sunday. And don't miss Courting Disaster by Jonah Goldberg.

Justice Stevens Says the Fifth Amendment is Unconstitutional

Posted on April 17, 2008
In 1976, Justice Stevens wrote: The Fifth Amendment, adopted at the same time as the Eighth, contemplated the continued existence of the capital sanction by imposing certain limits on the prosecution of capital cases. But this week, he wrote: I have relied on my own experience in reaching the conclusion that the imposition of the death penalty represents "the pointless and needless extinction of life ...

Keisler Not Mentioned

Posted on April 15, 2008
From the colloquy, it is clear to me that Helene White, the Dem, will be one of the nominees moved. McConnell seems insistent on both Conrad and Matthews. If there are only three before Memorial Day, I think it likely that those will be the three. Keisler wasn't mentioned at all...

Some Progress on Judges?

Posted on April 15, 2008
The decision by Senate Republicans to ratchet up the pressure on Democrats to end their obstruction of circuit court nominees may be bearing some fruit. Speaking on the Senate floor, Majority Leader Reid just said that he and his colleagues will "do our best to approve 3 circuit judges by Memorial Day...

6th Circuit Deal

Posted on April 15, 2008
The White House just announced that Helene White—a Democrat and ex-cousin-in-law of Sen. Carl Levin—will be substituted for Steve Murphy as a 6th Cir. nominee, with Murphy now being nominated to the Eastern District of Michigan. Ray Kethledge remains as the second 6th Cir...

Wash Post and LA Times

Posted on April 15, 2008
Readers have been good about posting these editorials, but to make them easier to find and highlight, I promote them to this entry. Both the Washington Post (here) and the LA Times (here) are showing some serious intellectual honesty by blasting Democrats for their obstructionism on judges...

Judge Fight This Week?

Posted on April 14, 2008
Here's what I wrote at the Spectator blog. Let's work this for all it's worth.

Fight For Puryear

Posted on April 12, 2008
In yesterday's column in the Washington Examiner, I tell of how the Dems are now reaching down to the district court level to block nominees. This one is worth a fight.

Weekend Open Thread

Posted on April 12, 2008
Ed Whelan recently spoke at Harvard about the judicial nomination and confirmation process, and you can click here for a news report about it. Following is a brief excerpt, but read the whole news report: "McCain knows judges shouldn't be legislating," Whelan said...

Happenings Today in the Senate

Posted on April 10, 2008
From Congressional Quarterly: "GOP Senators Threaten Blockade Unless More Appeals Court Nominees Get Votes" Congratulations to Catharina Haynes, who today became the first appeals court nominee confirmed this year. Also, congratulations to Senator Specter for advocating a strict timetable setting a time limit, after a nomination is submitted, for SJC hearings, committee votes and final floor votes to be held...

The Constitution's New Clothes

Posted on April 08, 2008
Unfortunately, judicial nominees in the United States are interrogated by the Senate to make sure they see nonexistent policies in the Constitution, as in the old fairy tale, "The Emperor's New Clothes": Nobody wished to let others know he saw nothing, for then he would have been unfit for his office or too stupid...

Wisconsin Gets Funded

Posted on April 07, 2008
On John Fund's excellent column on the Wisconsin Supreme Court race, see here.

Specter Interview

Posted on April 06, 2008
The Senate Judiciary Committee okayed a circuit court nominee last Thursday, but that committee is still way behind. After the meeting on Thursday, Senator Specter had this to say: In an interview with The Hill on Thursday, Specter said it was ?a possibility? that the GOP would object to motions that allow routine business to proceed on the floor, a move that would stifle Senate action and effectively bring the chamber to a halt...

Catholics, Jews, and the SJC Showdown

Posted on April 04, 2008
When Senate Judiciary Chairman Pat Leahy was confronted this morning by GOP colleagues fed up with his obstruction of circuit court nominees, the Chairman?s legendary thin skin was on display. Leahy became flustered and, when asked why 4th Circuit nominee Robert Conrad had not received a hearing, accused the staunch Catholic nominee of being ?anti-Catholic...

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