This campaign of pressure is no doubt motivated both by Democrats' exaggerated fears of what the Court's post-Kennedy center-right majority will do and by the relatively large number of hot-button cases before the Supreme Court this term. Among the most important such cases are the New York gun case and today's employment cases.
Their embarrassing overreach could have been avoided had they bothered to read the Times piece, which openly relied on hearsay provided by anonymous sources concerning a supposed witness who just happened to be an adversary of Kavanaugh during the Ken Starr investigation. Likewise if the would-be presidents had, like others, requested an advance copy of the book on which the story is based. The book reveals that the alleged victim has no memory of the incident.
Chief Justice John Roberts disappointed conservatives today – to a degree not seen since he saved ObamaCare in 2012 – when he sided with the Court's four liberals to second guess the Trump Administration's reasons for adding a citizenship question to the census, likely ensuring that the question will not be on the census given the looming deadline for printing the forms.
Some of the demands by Ford's attorney are baffling, like the objection to a female outside counsel after Ford's supporters insisted she could not get a fair hearing if questioned by a bunch of white male senators. Nonetheless, Sen. Grassley is doing the right thing by going the extra mile to make accommodations he believes will enable Ford's testimony.
Conservatives can rightfully celebrate the emergence of Neil Gorsuch as a justice in the mold of his beloved predecessor, Antonin Scalia. However, despite the similarity between Gorsuch and Scalia, no two justices are completely alike. One notable difference will be the issue of "Chevron deference" — the precedent by which courts defer to federal agencies' interpretations of laws. While Scalia often defended Chevron deference, Gorsuch slammed it as an "abdication of the judicial duty" before joining the Court.
Already, Justice Gorsuch has sharply criticized Chevron deference, in an opinion accompanying the Court's October decision not to review Scenic America v. Department of Transportation...
While President Trump was admonishing the press about its fake news yesterday, the left-leaning Alliance for Justice published some fake news of its own, titled "The Gorsuch Record." The Gorsuch opinions and other materials cited by the AFJ report are real, but the conclusions it draws are fake - very fake.
If you watched the Senate hearings for attorney general nominee Jeff Sessions, you saw Democrats and their witnesses paint a disturbing picture of their colleague as a man who is insensitive, if not downright hostile, to the rights of minorities.
Much of it sounded familiar because, for more than thirty years now, Democrat senators and their allies have been using the same defamatory tactics against Southern white men nominated to the nation's highest legal offices. The goal is to block their confirmation by exploiting the stereotype that Southerners are racist or otherwise bigoted.
This week marks the second time that Sen. Sessions has been subject to Senate Democrats' go-to strategy of race-baiting (used here to include accusations of bigot...