ICYMI: Sen. Mike Lee Demands Apology from Rick Hasen for Untruthful Statements
On Wednesday, Senator Mike Lee accused liberal law professor Rick Hasen of testifying untruthfully before the U.S. Senate Judiciary Committee's Subcommittee on The Constitution and demanded that he apologize. In his testimony, Hasen made personal attacks on the integrity of Chief Justice John Roberts and Justice Samuel Alito, asserting that they intentionally misconstrued the Voting Rights Act in Brnovich for the ulterior objective of making it difficult for citizens to obtain legal protection for their right to vote.
Read moreBiden's DOJ Civil Rights Nominee is Both "Too Radical and Unethical"
Since Kristen Clarke was nominated to lead the Department of Justice's Civil Rights Division, RNLA has highlighted concerns with her record including inconsistencies with her testimony given to the Senate Judiciary Committee. Documents obtained by the Washington Free Beacon have uncovered another inconsistency in Clarke's testimony:
Clarke told the Senate Judiciary Committee last month that she merely provided "logistical support" for a 1999 Columbia University conference, "Black America vs. The Prison Industrial Complex." But an itinerary from the conference shows Clarke moderated a panel on alleged human rights violations in the prison system. . .
Read moreHearing Shows Liberal Dark Money Influence on Democrat Judicial Nominees
Earlier today, the Senate Judiciary Committee hosted its first set of judicial confirmation hearings since Joe Biden took office. The first panel featured the nominations of Ketanji Brown Jackson to be United States Circuit Judge for the District of Columbia Circuit and Candace Jackson-Akiwumi to be United States Circuit Judge for the Seventh Circuit.
The most high-profile nomination considered during the first panel was that of Ketanji Brown Jackson. As RNLA previously noted, Judge Jackson has appeared on liberal dark money group Demand Justice's Supreme Court short list. The group is also supporting her nomination to the D.C. Circuit.
Read moreIn Latest Attack on the Court, Senator Whitehouse Goes After Amicus Briefs
On Tuesday, the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights held a hearing entitled, "Supreme Court Fact-Finding and the Distortion of American Democracy." The two witnesses called by the Republican members of the Committee were Indiana Solicitor General Thomas Fisher and the Cato Institute's Ilya Shapiro. As Shapiro pointed out during the hearing and in his prepared remarks, the title of the hearing itself is overblown:
I actually think that the hearing title is a bit loaded: first, because the Supreme Court doesn’t generally engage in fact-finding in the way trial courts do, but rather applies the law to novel facts, as any appellate court is supposed to; and second, because however much one thinks American democracy is “distorted,” the Supreme Court, a reactive institution, is hardly at fault. Indeed, the court is the most respected government institution other than police and the military, so hand-wringing over its role in governance—or broader questioning of its legitimacy—principally arises when the justices rule in ways that disagree with progressive orthodoxy or, more broadly, when progressives are frustrated that there’s a major institution they don’t control. The chairman himself filed a brief in last year’s Second Amendment case admonishing the Court to “heal itself before the public demands it be restructured in order to reduce the influence of politics.”
Read moreDurbin Ends Discussion on Controversial Nominee Despite Unsatisfactory Answers
Earlier today, the Senate Judiciary Committee considered the controversial nomination of Vanita Gupta to be associate attorney general. The vote on Gupta's nomination ended in a tie. As reported by CNN:
The Senate Judiciary Committee on Thursday deadlocked in a party-line vote on the nomination of Vanita Gupta to be associate attorney general, but her confirmation is still on track with the expected support of moderate Democrat Sen. Joe Manchin of West Virginia.
Whelan: "Dick Durbin's Distortions" of his New Role as Judiciary Chair
The Senate Judiciary Committee was in the spotlight today as Merrick Garland, President Biden's nominee for Attorney General, was advanced out of the committee. The next stop is a confirmation vote by the full Senate. In a recent interview with the New York Times, Senate Judiciary Chairman Dick Durbin opined on his new role. But as the Ethics and Public Policy Center's Ed Whelan points out, Durbin's interview distorts the reality that he inherited.
Read moreDick Durbin’s Distortions https://t.co/H0ShRcpp4K
— Ed Whelan (@EdWhelanEPPC) March 1, 2021
Whelan: "Dick Durbin's Distortions" of his New Role as Judiciary Chair
The Senate Judiciary Committee was in the spotlight today as Merrick Garland, President Biden's nominee for Attorney General, was advanced out of the committee. The next stop is a confirmation vote by the full Senate. In a recent interview with the New York Times, Senate Judiciary Chairman Dick Durbin opined on his new role. But as the Ethics and Public Policy Center's Ed Whelan points out, Durbin's interview distorts the reality that he inherited.
Read moreDick Durbin’s Distortions https://t.co/H0ShRcpp4K
— Ed Whelan (@EdWhelanEPPC) March 1, 2021
Judicial Confirmations Continue Full Speed Ahead
Judicial confirmations are continuing full speed ahead thanks to the leadership of Senate Majority Leader Mitch McConnell and Senate Judiciary Chairman Lindsey Graham. As reported by Carrie Severino for the National Review:
The Senate has recessed for Thanksgiving break, but not before processing a number of judicial nominees. Five new trial judges were confirmed last week, four to various district courts and one to the Court of International Trade.
Read moreAmericans Say "Yes" to ACB and "No" to Court Packing
2020 has led to many differences among the American people, but a majority of Americans agree on 2 things: Senators should confirm Judge Amy Coney Barrett to the U.S. Supreme Court and say "no" to court packing. The percentage of Americans who support Judge Barrett's confirmation has increased by nearly 15% since President Trump announced her nomination to the Court.
Read moreDay 2: Judge Barrett Hits Home Run, Dems Strikeout
Democrats continued their healthcare forum during today's confirmation hearing for Judge Amy Coney Barrett. This came despite:
Judge Barrett correctly says that Obamacare case currently before the Supreme Court turns on the issue of severability, which was not an issue in the previous ACA cases. Someone should tell the Democrats.
— RNLA ⚖️ (@TheRepLawyer) October 13, 2020
Read moreBarrett asks, “What sane person person would go through [this] process without a clear benefit on the other side?” The benefit she says, is the rule of law and an opportunity to serve her country.
— Gabby Orr (@GabbyOrr_) October 13, 2020