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SCOTUS « Rogue Politics


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Stupid then or dishonest now?

One of the questions that the supposedly MSM isn’t asking of Democrats concerns Judge Gorsuch is exceptionally straightforward. First, let’s inform people who’ve been comatose for the last 10 years that Judge Gorsuch was confirmed to the 10th Circuit Court of Appeals with a 95-0 vote. That means Chuck Schumer voted for his confirmation. That […]

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The Hysterical Left, and Neil Gorsuch

I seem to have developed some form of flu. It’s rather distracting, so a short one today. In any case, I think Melanie is on to quite a lot here. It was an instructive year, as I watched (and participated in) as Britain discovered the words of the American founders to urge on the Brexit […]

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Democrats’ dilemma: fight or flop?

Now that President Trump has picked Judge Gorsuch to fill Justice Antonin Scalia’s seat on the Supreme Court, Democrats face a difficult decision. Within their meeting rooms, they’re asking whether they should fight President Trump’s pick or whether they should try to push Judge Gorsuch enough to please their special interest puppeteers. It isn’t difficult […]

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Trump’s grand slam nominee

In picking Judge Neil Gorsuch to fill Justice Antonin Scalia’s seat on the Supreme Court, President Trump didn’t hit a home run. Metaphorically speaking, he hit a grand slam in his first major league at-bat. It’s apparent that it’s a grand slam when the NY Times publishes an op-ed gushing about Judge Gorsuch. Neal Katyal’s […]

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All obstruction all the time

The Democratic Party of Hubert Humphrey, Daniel Patrick Moynihan and Scoop Jackson is ancient history. The Democratic Party of Barack Obama, Harry Reid, aka The One-Man Pocket Veto, and (especially) Chuck Schumer can be described succinctly. They party of Obama, Reid and Schumer is all obstruction, all the time. This article highlights just how unhinged […]

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Marching for Life, Trump, and May

What’s this, I hear, more videos? Well, yeah, they do something that my words about something can’t. And right now, things are moving so fast, I can’t keep up anyway. And that’s a very good thing! 🙂 We talked a bit about Mrs. May’s speech yesterday, here it is.   Here’s President Trump at the […]

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The Resistance vs. The Donald

Earlier this week, Sen. Chuck Schumer announced that Senate Democrats would be willing to filibuster President Trump’s SCOTUS pick if the pick is certified as mainstream by Sen. Schumer. This article highlights the fact that President Trump isn’t a typical Republican in that he’s willing to fight back. During an interview with Sean Hannity, President […]

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Sen. Schumer: Trump’s rival?

Years ago, the joke was that the most dangerous place to be in Washington, DC was between Sen. Schumer and either a microphone or a TV camera. The truth is that he’s a politician with an oversized ego (by politicians’ standards) who’s about to get trampled by a guy with a 140-character megaphone. Sen. Schumer […]

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Schumer feels the heat

Now that the new Congress has been sworn in, Merrick Garland’s nomination to the Supreme Court has faded into history’s mists. With the nomination’s passing came the obligatory statements from the Senate Majority Leader and the new Minority Leader. Senate Majority Leader Mitch McConnell said “I’ve been clear throughout that the next president would name […]

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Obama will appoint Garland

After reading this Washington Times article, there’s little doubt in my mind that President Obama will appoint Merrick Garland to the Supreme Court. First, the article says “Mr. Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress […]

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Scott Pruitt vs. the EPA, Part II

In Part I of this series, I wrote about the virtues of federalism. Now it’s time to talk about the negative things that happened when the Obama administration ignored the Constitution and the rule of law. Specifically, I’ll quote from Kim Strassel’s article about Scott Pruitt. Picking up where I left off, let’s rejoin Strassel’s […]

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Lugar misses the point

After reading former Sen. Richard Lugar’s NYTimes op-ed on immigration, it isn’t surprising that he isn’t a senator anymore. The first major tipoff came when he said “whether or not you like President Obama’s actions, he has operated under longstanding provisions of law that give the executive branch discretion in enforcement.” It’s stunning that a […]

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Obama Picks Stealth Leftist Merrick Garland For Supreme Court


President Barack Obama nominated Judge Merrick Garland today to fill the vacancy on the Supreme Court. It’s his way of creating a political issue by challenging the Senate Republicans to deny him a SCOTUS justice appointment of someone who appears qualified.

So far, the Senate isn’t buying it. As Fox news reported, both Senate Majority Leader Mitch McConnell and Senate Judiciary chair Mike Lee are standing firm on the principle that a lame duck president should not nominate a Supreme Court Justice in an election year:

Yet within minutes, Republicans doubled down on their opposition to confirming any nominee in an election year, insisting that the vacant seat not be filled until a new president is sworn in.

“It is a president’s constitutional right to nominate a Supreme Court justice and it is the Senate’s constitutional right to act as a check on a president and withhold its consent,” Senate Majority Leader Mitch McConnell said on the Senate floor.

Obama, anticipating the swift resistance, urged Republicans to reconsider, adding it would be unprecedented for Garland not to at least get a hearing.

“I hope they’re fair. That’s all,” Obama said. “To give him a fair hearing and up or down vote.” […]

A Senate confirmation is required for any nominee to join the bench.

Before the announcement, Sen. Mike Lee, R-Utah, also told Fox News that neither he nor his GOP colleagues on the Senate Judiciary Committee would back down and declared once more he would stop the nomination from going forward.

“We’ve been clear,” Lee said of his plan to reject Garland’s nomination.

If the principle of allowing the American people to have a voice in something like a Supreme Court pick is to be adhered to, Garland’s nomination shouldn’t even be considered no matter how qualified or unqualified he might be. If he gets a hearing and is rejected, it will just be a soundbite to paint Republicans as ‘obstructionist.’

Any nominee President Obama proposes in an election year should be rejected forthwith simply on principle. “Fair’ is not something in this president’s vocabulary when it comes to applying it to others.

And when you do a little digging you find that there are other reasons Merrick Garland doesn’t belong on the Court unless you favor a partisan Leftist tilt. It was none other than Pravda-on-the-Hudson that wrote that “If Judge Garland is confirmed, he could tip the ideological balance to create the most liberal Supreme Court in 50 years.”

The same article wrote that according to a measure of judicial ideology developed by four political scientists and considered a “reasonably good predictor of voting on the Supreme Court,” Garland is close to Justice Elena Kagan in terms of how he would rule.

That’s hardly surprising when you look at his background. He’s a stanch Democrat from Chicago and Harvard Law who was appointed to his D.C. Circuit seat by none other than Bill Clinton. Before that, he clerked for none other than the very far Left Warren Court Justice William J. Brennan Jr. often considered one of the most left leaning justices in the Court’s history. In his confirmation hearing in December 1995 to consider Garland’s nomination to the D.C. Circuit, Garland that Brennan was one of the justices he most admired.

His paper trail is fairly limited and he’s done some decent work as a prosecutor, but using that ancient wisdom, the apple usually doesn’t fall far from the tree, and if it did, there’s no way a hyper partisan president like Obama would have picked him. Garland can only be considered ‘qualified’ if you like the idea of a locked in Leftist majority in the Supreme Court.

We’ll see if the GOP Senate has finally managed to grow a spine.


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Requiescat in pace

And so Saturday, I watched the funeral of Antonin Scalia.* It was a most moving service, from the processional Which is, of course, one of the great old English hymns, based on the 90th Psalm, written by Isaac Watts, a nonconformist, and the father of English hymnody and the tune (St Anne) by William Croft. […]

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Sen. Schumer’s revealing response

Earlier this week, a video highlighted Sen. Schumer’s statements on judicial nominees that directly contradict his statements today. Because he got caught accidentally telling the truth, Sen. Schumer wrote this statement. Sen. Schumer’s statement highlights his judicial philosophy, which is captured when he said “During President Bush’s term, Democrats had voted for Justice Roberts and […]

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The battle for the Supreme Court

Since news broke that Supreme Court Justice Antonin Scalia had died Saturday, people have buzzed about whether President Obama would nominate a replacement (he will) and whether the Senate will confirm a nominee (they won’t.) While this will sound a little dramatic, the truth is that this pick has the potential of changing the shape […]

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Staddle of the Republic

In Georgian (or thereabouts) England they used to build barns on top of mushroom-shaped stones, called staddles. Two of the major reasons they did this was that it is nearly impossible for vermin to climb them, and they allow air to circulate below the floor, keeping the grain from spoiling. Justice Antonin Scalia was rather like that, […]

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Justice Antonin Scalia..RIP

Supreme Court Justice Antonin Scalia was found dead at an isolated Texas Ranch where he had gone for a conference, Cibolo Creek Creek Ranch in Marfa,Texas. He was 79 years old.The cause of death is still unknown,although it is known that it wasn’t a he… . . . → Read More: Justice Antonin Scalia..RIP

Supreme Court Justice Breyer: Laws in other countries equal to Constitution

Over the past forty to fifty years, the Supreme Court has established a long track record of making decisions based on political considerations and political-correctness instead of relying on what the Constitution says they should do. And as we see in this story, a certain member of the high court actually endorses the practice. Supreme Court Justice Stephen Breyer has a new book, The Court and the World, in which he shares his observations about law and the court. In it, as the latest issue of Time reveals, he concludes that there’s clearly nothing wrong with American courts—including SCOTUS—considering the laws and judicial rulings of other nations. For example, should the Supreme Court care that other countries have abolished the death penalty? “If someone with a job roughly like my own, facing a legal problem roughly like the one confronting me, interpreting a document that resembles the one I look to, has written a legal opinion about a similar matter, why not read what that judge has said? I might learn from it, whether or not I end up agreeing with it.” Wait a minute. Why not read what the other judge has said? Hey, Stevie Wonder! How about the […]

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Sanctuary Cities and the ‘Rule of Law’

We have had much to say in the last few years about the “Rule through and under the law”. It is the very basis of why our society works. Without the security of our property, there is no valid reason to build a small business, invest, or in truth do almost any of the things […]

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