Yesterday’s Senate Judiciary “Supreme Court Ethics Reform” hearing had three Senators who took the spotlight, representing the good, the bad, and the ugly.

The Good

The good was Republican Senator John Kennedy who totally destroyed Democrat witness Kedric Payne of the Campaign Legal Center. 

Senator Kennedy slams the biased Twitter posts of a key witness, who called some justices "politicians in robes who thrive in a system where access and influence are for sale" and said Chief Justice John Roberts was "a disgrace." pic.twitter.com/6DLEXqf1oW

— The Article III Project (A3P) (@Article3Project) May 2, 2023

Senate Judiciary Chair Dick Durbin, the Democrat Party, and their media sycophants have been trying to build a case against Republican-appointed Supreme Court Justices leading up to Durbin’s "Supreme Court Ethics Reform" hearing on Tuesday. This is part of the Democrats' long term effort to undermine the legitimacy of the Supreme Court, but the reality is it may be undermining Durbin’s legitimacy. 

First off, it is worth noting that all nine Supreme Court Justices pushed back against the Durbin’s efforts:

All nine justices, in a rare step, on Tuesday released a joint statement reaffirming their voluntary adherence to a general code of conduct but rebutting proposals for independent oversight, mandatory compliance with ethics rules and greater transparency in cases of recusal.

The implication, though not expressly stated, is that the court unanimously rejects legislation proposed by Democrats seeking to impose on the justices the same ethics obligations applied to all other federal judges. . . .

"If the full Court or any subset of the Court were to review the recusal decisions of individual justices," they wrote, "it would create an undesirable situation in which the Court could affect the outcome of a case by selecting who among its members may participate."

Later, they added that public disclosure of the basis for recusal could "encourage strategic behavior by lawyers who may seek to prompt recusals in future cases" by framing them a certain way in an attempt to disqualify a particular member of the court.

Earlier this week, RNLA highlighted Senate Democrats' scheme to "temporarily" replace Senator Dianne Feinstein on the Judiciary Committee.

Republicans must come together and vote against the Democrats' scheme to "temporarily" replace Senator Feinstein on the Judiciary Committee. The future of the federal judiciary is at stake. https://t.co/nSv2nFmLqu

— RNLA ⚖️ (@TheRepLawyer) April 17, 2023

One of the practical consequences if this scheme succeeds is that Democrats will once again have the ability to ram radical and/or disqualified judicial nominees through the Committee. Below are some of the most radical and disqualified nominees currently pending before the Senate.

Democrat Congressman Ro Khanna made waves last week when he publicly said what most Democrats (and everyone else for that matter) have been thinking for a long time: Senator Dianne Feinstein is no longer fit to serve in the U.S. Senate.

It’s time for @SenFeinstein to resign. We need to put the country ahead of personal loyalty. While she has had a lifetime of public service, it is obvious she can no longer fulfill her duties. Not speaking out undermines our credibility as elected representatives of the people.

— Ro Khanna (@RoKhanna) April 12, 2023

Senator Feinstein's failure to resign has consequences, deadlocking controversial judicial nominations in the Senate Judiciary Committee on which she serves. Without Feinstein's vote, nominees can only proceed with bipartisan support—effectively blocking the Biden Administration's most extreme and unqualified nominees.  

On Wednesday, U.S. Attorney General Merrick Garland testified before the Senate Judiciary Committee for the first time this Congress. Like in past hearings, Attorney General Garland failed to own up to the obvious problems with the Department of Justice (DOJ) under his leadership. However, a major admission he made alluded to an undeniable failure of the Biden Administration as a whole—Biden's Border Crisis:

Attorney General Merrick Garland says Mexican drug cartels unleashed the fentanyl crisis on the U.S. "on purpose," and urged the Mexican government to "do more" to combat drug trafficking.

This morning, Senate Judiciary Democrats rubber stamped a number of President Joe Biden's judicial nominees, including Nancy Abudu, whose nomination to the Eleventh Circuit RNLA formally opposes. Of particular importance to RNLA, Abudu has a history of extremist views on election law issues:

Comparing the opposition to enfranchisement of convicted murders, rapists, and child molesters to supporting slavery is offensive to all but the most partisan activists. 

On Wednesday, the Senate Judiciary Committee considered five of President Biden's judicial nominations. Most notable was the consideration of nominee Nancy Abudu to the Eleventh Circuit. RNLA is formally opposing the nomination of Ms. Abudu because:

[H]er views are extreme and fall outside of the mainstream. RNLA has only formally opposed one other judicial nominee made by the Biden Administration. We oppose Ms. Abudu because her views and rhetoric go beyond that of even progressive activists, and we see no reason to believe that she will be an impartial judge on the “hot button” issue of election law. 

On Wednesday, the Senate Judiciary Committee will hold its first meeting to consider judicial nominees since the confirmation of Judge Ketanji Brown Jackson to the Supreme Court. Included on the agenda is the nomination of Nancy Abudu to the Eleventh Circuit, who RNLA has previously highlighted as a nominee outside of the mainstream.

Senator Orrin Hatch passed away Saturday.  He was a true leader and a great friend to the Republican National Lawyers Association. He spoke to RNLA more than any other elected politician and was very close to one of our founders, Betty Southard Murphy. As the left tries to lionize him for being some bipartisan figure from a bygone age, we should remember what a strong Republican Senator Hatch always was. As his former staffer, Tom Jipping, stated: Senator Hatch was “a real compassionate conservative.”  

But that compassion should not be mistaken for weakness. The Wall Street Journal had it right when it editorialized:  

The press is eulogizing former Senator Orrin Hatch for his civility and bipartisan deal-making with Democrat Ted Kennedy. He certainly was a gracious man who represented a more civil era in politics. But we’ll remember the longest-serving Republican Senator, who died Saturday at age 88, for the moments he bucked Beltway convention and took unfair abuse for it.

The first was his stalwart defense of Clarence Thomas against the accusations by Anita Hill in 1991. Ms. Hill’s claims have achieved totemic status on the political left. But they arrived only at the last minute, midwifed by Democratic operatives, and lacked substantiation. On the Judiciary Committee, Senator Hatch subjected the claims to proper scrutiny. He helped confirm Justice Thomas, who has been a credit to the High Court and country.

Earlier today, Judge Ketanji Brown Jackson's nomination to the Supreme Court received a tie vote in the Senate Judiciary Committee. No Republicans voted in favor of the nomination.

News -- In a party-line vote, Senate Judiciary Committee deadlocks 11-11 on the nomination of Ketanji Brown Jackson to SCOTUS.

Next up: A vote tonight to discharge the nomination by full Senate. Simple majority is needed
Cloture vote: Thursday
Confirmation: Thursday or Friday

— Manu Raju (@mkraju) April 4, 2022