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.

Dick Durbin’s Distortions https://t.co/H0ShRcpp4K

— Ed Whelan (@EdWhelanEPPC) March 1, 2021

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.

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.

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

Barrett 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

Earlier today, the Senate Judiciary Committee completed opening statements in the Supreme Court confirmation hearings for Judge Amy Coney Barrett.  That needs to be said because, listening to Democrats, you would think it was a healthcare candidates' forum in New Hampshire.  (Hint their message was: "Trump bad, Obamacare good.")  RNLA live tweeted the hearing and will live tweet the Senators questioning of Judge Barrett over the next two days.  Below are some highlights from the RNLA’s Twitter (@thereplawyer) and others:

Senate Judiciary Dems stuck to Sen. Schumer’s talking points (at least for today), but tellingly none of them disavowed the anti-religious, anti-woman, despicable attacks on Judge Barrett made by their mainstream media surrogates and progressive allies. Like this 👇 https://t.co/i0qT8FzzMx

— RNLA ⚖️ (@TheRepLawyer) October 12, 2020

Apparently both the left and the right are outraged at aspects of Judge Sullivan's decision to delay granting the Department of Justice’s motion to drop the case against Michael Flynn.  But while one side respects the separation of powers and the rule of law, the other side is acting like a schoolyard bully making threats.

To our minds, Judge Sullivan blurs separation of powers when he appointed a retired judge who publicly expressed opinions against Flynn to review the case and accept amicus curiae briefs.  Judge Sullivan seems to be acting like a prosecutor, not an “umpire” judge.  While we consider Judge Sullivan’s decision extremely troubling, we think Flynn’s lawyers took the appropriate course of action in this case by requesting a writ of mandamus. 

We continue our Top 10 Blog posts for 2019.  Numbers 6-10 are here.  

5. February 7: SENATE JUDICIARY ADVANCES AG NOMINEE BARR AND 44 JUDICIAL NOMINEES

Senate Judiciary Dems playing an awkward game of praising Bill Barr's character and competence while saying why they're voting against him, which boils down to Pres. Trump, with some background of unitary executive theory.

Many have long believed that Democrats use race as a political weapon, especially against those of a protected class.  This has long been part of judicial nominations politics in particular.  Form the “high tech lynching” of Clarence Thomas during the George H.W. Bush administration to the fact that Senator Dick Durbin led opposition to Miguel Estrada during the George W. Bush administration for the racist reason that he did not want a Republican to nominate the first Hispanic to be on the Supreme Court.  Now comes another test for the Democrats. 

Today President Donald Trump nominated the first openly gay person to a federal circuit court, Patrick Bumatay.  Bumatay is also a minority and most importantly an outstanding nominee for the Ninth Circuit.  His background is very impressive.

While Democrats are likely all talk and no action, in the scenario that they actually follow through on impeachment threats – Republicans in the Senate are ready to “quickly quash” those efforts.

There are several take-aways from this week’s hearing with Attorney General Bill Barr before the Senate Judiciary Committee. We now know that Democrats will stop at nothing to lie, deflect, and accuse innocent people in order to try to hurt President Trump.