Given the great success of Trump's 2016 list, many election analysts have been asking why Joe Biden has not released a list of potential Supreme Court nominees. One reason is likely that the Democratic base, which has moved sharply to the left, would only be satisfied by potential nominees radical enough to scare the swing voters Biden will need in November. Another reason may well be that as Biden tries to portray himself as a uniter, he doesn't want to remind voters that, as chairman of the Senate Judiciary Committee, he presided over the shameful Senate hearings for GOP Supreme Court nominees Clarence Thomas and Robert Bork, hearings that ushered in the divisive, highly partisan judicial confirmation process we see today.
From a conservative perspective, Chief Justice John Roberts is now zero for four on the major culture war issues decided by the Supreme Court this term—abortion, gun rights, LGBT rights and DACA—after voting today to strike down Louisiana's abortion law in June Medical Services.
The Administration cannot order the FCC and FTC, both independent agencies, to take any actions. While the executive order's more limited approach – petitioning the FCC for rulemaking and directing the FCC to 'consider taking action, as appropriate and consistent with applicable law' – is permissible, the FCC rules and FTC enforcement actions that result may be unlawful. Depending on the details, they may well violate the First Amendment rights of social media platforms or interpret Section 230 in a manner inconsistent with the statutory text, its intent, and its interpretation by the courts.
Senator Schumer reached a new low today when he stood on the Supreme Court steps and threatened Justices Gorsuch and Kavanaugh. His political posturing outside the Court was a flagrant attempt to influence the two newest Justices in the building.
The following is a statement by Committee for Justice president Curt Levey on today's Supreme Court argument in June Medical Services v. Russo, a challenge to the constitutionality of the Louisiana Unsafe Abortion Protection Act, which requires doctors who perform abortions to have local hospital admitting privileges...
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.