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October 26, 2020

We applaud tonight's confirmation of Amy Coney Barrett to the Supreme Court, which is historic for at least two reasons. One, Barrett is the first female conservative justice in the nation's history, despite President Reagan's best intentions when he nominated Sandra Day O’Connor to the Court. Two, for the first time since the 1930's, there is the potential for a true conservative majority on the Supreme Court. While Democrats and the media have long spoken of a "conservative" Court, their assumption that Justices Roberts and Kennedy were conservatives was a fiction. At very least, Barrett's confirmation will go a long way to reassure Americans discouraged by a string of liberal, activist decisions at the end o...

October 24, 2020

The Senate Judiciary Committee just approved Judge Barrett's nomination to the Supreme Court and a confirmation vote on the Senate floor is expected next week. So it's a great time to look back on how this confirmation process is going, how it compares to previous Supreme Court nomination fights, and what we can expect to happen on the Senate floor. Our panel of legal experts will also discuss Democrats' court packing threats and the implications of this confirmation battle for the presidential and Senate elections.

October 23, 2020

The prospect of a new Supreme Court justice brings a renewed focus on many of the Court's controversial doctrines. While much of the speculation on Judge Amy Coney Barret’s nomination has focused on social issues such as abortion, she could be a critical vote in the Court’s future on Chevron deference. Chevron deference— named for the 1984 Supreme Court decision in Chevron v. Natural Resources Defense Council — holds that courts should defer to an agency's interpretation of a statute when its language does not clearly answer the question at issue, provided the agency interpretation is reasonable. This has often allowed agencies to turn statutory ambiguity into a justification for expanding the scope of their authority. This authorit...

October 22, 2020

We applaud the Senate Judiciary Committee's approval today of Judge Amy Coney Barrett's Supreme Court nomination. Democrats' childish tactic of boycotting the vote succeeded only in allowing history to record that Barrett was approved unanimously by the Committee. This was just the latest in a series of failed Democrat tactics to derail her nomination.

October 15, 2020

On October 7, 2020, the Federalist Society's Pennsylvania Student Chapter and the Regulatory Transparency Project co-sponsored an event on "Antitrust Populism and the Conservative Movement." During the 1986 Supreme Court confirmation hearings for then-Judge Antonin Scalia, he was asked about his views on antitrust. “In law school, I never understood [antitrust law],” Scalia explained, “I later found out, in reading the writings of those who now do understand it, that I should not have understood it because it did not make any sense then.” Some contend that the much-needed coherency in antitrust law was brought about by the Chicago School revolution and the adoption of the consumer welfare standard.

October 14, 2020

After two days of answering questions before the Senate Judiciary Committee, Judge Barrett has clearly demonstrated several things. One is the reason why her intellect and character is widely admired across the legal community. Another is her commitment to textualism and originalism, principles of judicial interpretation that require that our Constitution and other laws be objectively interpreted as written.

October 14, 2020

Judge Amy Coney Barrett has written opinions on a wide variety of labor issues in her short time on the Seventh Circuit Court of Appeals. Judge Barrett has demonstrated herself to be impartial, rendering rulings in favor of both employers and employees and basing her decisions on a strict factual examination in each case. Like her mentor Justice Scalia, Judge Barrett follows where the law takes her, not where she may wish it would go.

October 13, 2020

The Democrats have been doing a lot of projecting recently. Consider their worry that President Trump will refuse to accept the legitimacy of the 2020 election. Now they are projecting their "living Constitution" judicial philosophy onto Supreme Court nominee Amy Coney Barrett. Democrats and their allies worry that Judge Barrett, a devout Catholic, will impose her personal values and beliefs on the law. That's exactly what Democrats want the progressive judges they appoint to do. So it's a classic case of projection.

October 13, 2020

Committee approval and Senate confirmation of Judge Barrett’s nomination before the election is imperative. History shows abundant evidence of quick confirmations. Justice Ginsburg herself was confirmed 42 days after she was nominated. Justice Sandra Day O'Connor's confirmation took 33 days, while Justice John Paul Stevens was confirmed 19 days after being nominated. A more recent example is Chief Justice Roberts’ nomination length as Chief Justice of 23 days. Historical precedent is also on the side of filling the seat. When the same party controls the White House and the Senate, the confirmation process proceeds as usual and the nominee is almost always confirmed. A new justice has been confirmed 8 out of 10 times this has happene...

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