This afternoon, President Trump announced 20 additional distinguished attorneys and judges to the list of nominees he would consider for any future Supreme Court vacancy. Polling showed that then-candidate Trump's list in 2016 was important to many voters who supported him, and he kept his promise of choosing off the list when he nominated Neil Gorsuch and Brett Kavanaugh to the Court. Further, President Trump selected from his list for many of his highly qualified nominees to lower federal courts during his first term, providing unprecedented transparency regarding judicial nominations from a presidential candidate.
By contrast, Democratic presidential candidate Joe Biden has not released a list, nor has he indicated that he will release one, leaving voters to wonder whom he would consider for any Supreme Court vacancy. Would a President Biden choose off the troubling Demand Justice list or the secret Alliance for Justice list? Both possibilities should terrify any American who values the rule of law.Read more
In May, the Department of Justice announced that they were filing a motion to dismiss the charges against former National Security Advisor Michael Flynn However, Judge Emmet G. Sullivan declined to dismiss the case without further testimony from interested parties. As a result, Flynn’s attorneys have filed a writ of mandamus in the D.C. Circuit asking it to order Judge Sullivan to dismiss the case. In a rare move, Solicitor General Noel Francisco has personally signed on to the DOJ’s brief in support of Flynn’s writ.Read more
This morning, the Supreme Court heard oral argument in Department of Commerce v. New York concerning whether the plan to include a question on citizenship on the 2020 census violated either the Administrative Procedures Act (APA) or the Constitution's enumeration clause. Solicitor General Noel Francisco represented the United States in defense of adding the question, and three advocates argued on behalf of Democrat-controlled states, liberal organizations, and the U.S. House against including the question.Read more