Posts Tagged ‘Amy Coney Barrett’

Your Obligatory RBG Post

Saturday, September 19th, 2020

Liberal Supreme Court Justice Ruth Bader Ginsburg has died at age 87 “from complications related to metastatic pancreatic cancer.” Appointed to the Supreme Court by Bill Clinton in 1993, Ginsburg famously maintained a strong friendship with fellow Justice Antonin Scalia despite fierce ideological differences. She is survived by her daughter Jane Ginsburg, a law professor at Columbia, and James Ginsburg, founder and president of classical music label Cedille Records.

BattleSwarm Blog sends condolences to her friends and family.

President Donald Trump issued condolences as well:

A fighter to the end, Justice Ginsburg defeated cancer and the odds numerous times — all while continuing to serve on the Court. Her commitment to the law and her fearlessness in the face of death inspired countless “RBG” fans, and she continues to serve as a role model to countless women lawyers. Her legacy and contribution to American history will never be forgotten.

He also ordered flags on federal buildings to be flown at half-staff.

Article II, Section 2, Clause 2 of the Constitution gives the President authority to nominate Judges of the Supreme Court with the “Advise and Consent” of the Senate. President Trump has announced that Senate Republicans have an “obligation” to fill the vacancy “without delay,” and Senate Majority Leader Mitch McConnell has announced that he will hold a floor vote on any nominee.

“The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life,” McConnell said in a statement.

“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise,” McConnell continued. “Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.”

McConell added that “by contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary.”

“Once again, we will keep our promise,” he said. “President Trump’s nominee will receive a vote on the floor of the United States Senate.”

Democrats are, of course, screaming that the vacancy should be held over for the next Administration to nominate a replacement. History is not on their side:

History supports Republicans filling the seat. Doing so would not be in any way inconsistent with Senate Republicans’ holding open the seat vacated by Justice Antonin Scalia in 2016. The reason is simple, and was explained by Mitch McConnell at the time. Historically, throughout American history, when their party controls the Senate, presidents get to fill Supreme Court vacancies at any time — even in a presidential election year, even in a lame-duck session after the election, even after defeat. Historically, when the opposite party controls the Senate, the Senate gets to block Supreme Court nominees sent up in a presidential election year, and hold the seat open for the winner. Both of those precedents are settled by experience as old as the republic. Republicans should not create a brand-new precedent to deviate from them.

There are two types of rules in Washington: laws that allocate power, and norms that reflect how power has traditionally, historically been used. Laws that allocate power are paramount, and particularly dangerous to violate, but there is no such law at issue here. A president can always make a nomination for a Supreme Court vacancy, no matter how late in his term or how many times he has been turned down; the only thing in his way is the Senate.

Twenty-nine times in American history there has been an open Supreme Court vacancy in a presidential election year, or in a lame-duck session before the next presidential inauguration. (This counts vacancies created by new seats on the Court, but not vacancies for which there was a nomination already pending when the year began, such as happened in 1835–36 and 1987–88.) The president made a nomination in all twenty-nine cases. George Washington did it three times. John Adams did it. Thomas Jefferson did it. Abraham Lincoln did it. Ulysses S. Grant did it. Franklin D. Roosevelt did it. Dwight Eisenhower did it. Barack Obama, of course, did it. Twenty-two of the 44 men to hold the office faced this situation, and all twenty-two made the decision to send up a nomination, whether or not they had the votes in the Senate.

Snip.

So what does history say about this situation, where a president is in his last year in office, his party controls the Senate, and the branches are not in conflict? Once again, historical practice and tradition provides a clear and definitive answer: In the absence of divided government, election-year nominees get confirmed.

This is a Dan McLaughlin piece, so you get one of his dense, colorful spreadsheet charts:

Ted Cruz has pointed out how disasterous it might be if there’s a crisis during the 2020 Presidential Election and the court is split 4-4.

Out in the wilds of Twitter, there were two very different reactions to Ginsburg’s death: Conservatives offered praise for her abilities and extended condolences on her death:

Meanwhile, liberals threatened to burn everything down if President Trump fulfills his constitutional duty and appoints a successor:

Conservatives have noted Ginsberg’s ill health many times in the last few years, and were yelled at for “gas-lighting” or “being ghoulish.” And here we are.

One of the leading contenders to be Trump’s nominee is 48-year old judge Amy Coney Barrett. If Barrett were confirmed to the court and stayed in office until she was Ginsburg’s age, she would be on the court through 2059.

LinkSwarm for July 5, 2019

Friday, July 5th, 2019

I hope everyone had fun blowing things up on July 4th. Enjoy a Friday LinkSwarm

  • How President Donald Trump is kicking Iran’s ass without war:

    Iran’s official press has recently bragged about its military prowess when downing a US drone worth about $130 million, touting it as a nasty black eye for the world’s military superpower.

    But a recent Reuters report said Iran’s oil exports are down to a scant 300,000 barrels per day. In April 2018, before Trump exited the Iran deal, which provided the country with sanctions relief in exchange for its commitment to not build nuclear weapons or their key components, Iran was exporting 2.5 million barrels a day.

    At today’s rate per barrel, the Trump-induced decline in exports has probably cost Iran $120 million a day from oil alone — almost the cost of the US’s pricey drone.

    For the US, losing a drone is costly and destabilizing [?-LP] but not really a big deal for a country with a $718 billion annual defense budget. In Iran, the currency has crashed, and the country has become gripped by protests and strikes. And it has felt a crackdown on the financial freedom for all of its citizens.

  • Speaking of sanctioning Iran: “British Marines Seize Oil Tanker Headed For Syria.”
  • Martin Peretz reflects on the two towering achievements brought about by the Oslo Accords since 1993, namely “jack” and “squat”:

    For years even after the failure of Oslo and of the 2000 summit at Camp David, D.C. notables and even some prominent Zionists had photos with Arafat displayed on their credenzas.

    That sociology stuck in my mind. It testified to the tenaciousness in certain left-liberal circles of an idealizing impulse—one that altered the judgments of normally lucid people, leading them to make heroes of figures like Arafat who didn’t fit the bill. They justified this impulse with the old progressive belief in rational political improvement—a respectable belief when it’s applied in context, a misleading one when the context is altered to fit the wish. Their willed naiveté struck me, and not just on Oslo, as the place where effective progressivism goes to die.

    Snip.

    The counterpoint to this accommodation of Iran was the marginalization of Israel—the cutting-down-by-proxy of the country to what Obama saw as its physical and psychological size. True, it wasn’t a financial marginalization—as his defenders have said ad nauseam, Obama allowed Israel to buy more weapons than any other president before him. But by centering his policy on compromising with Iran, the one major Mideast power that had yet to reach some détente with Israel, and allowing Israel’s other enemy Assad to murder unimpeded, Obama shifted the strategic ground under Israel’s feet. Rhetorically, he did even more: He used the president’s bully pulpit to dramatically change the terms on which conversations about Israel would be conducted among Democrats and the world.

    You can draw a line from his tepid 2009 justification of Israel to the speech he sent his towering shikying’l John Kerry to give to the United Nations in 2016: a refusal to block a U.N. resolution condemning Israel for its support of right-wing settlements in the West Bank. A lot of people—myself included—oppose some of the outlier settlements, without seeing them as a major cause of the current impasse. But Kerry’s speech made them equal—or greater than equal—problems to the Palestinian leadership’s endemic corruption, its weakness in the face of Hamas and refusal to accept peace offers made by four Israeli prime ministers from 1993 to 2009. (Actually, the Palestinians haven’t made a territorial compromise in 52 years—that is long enough for the Israelis to grow impatient.) Kerry’s speech, itself an instance of sacrificing the reality to the ideal through the principle of making Israeli and Palestinian histories equivalent, shifted the terms of the debate.

    That rhetorical shift, coupled with Obama’s highly publicized, ultimately corrosive enmity towards Bibi Netanyahu—a partisan leader with a surer grasp of regional realities than the American president had—helped create the Democrats’ current political condition, which is not just counterproductively idealizing but supportive of the party’s most destructive foreign policy impulses. A party that defines itself by the chances it gives to marginalized groups always has, on its edges, radicals pushing in toward the center who define their politics by the principle of marginalization: the boiled-down Marxist dichotomy of oppressor and oppressed. When the center of the party shows weakness, the radicals naturally move in, and that’s what Obama’s rationalists allowed them to do: By shifting the party from its center and creating a rhetoric of false equivalence, they gave the hard leftists an opportunity they were only too happy to take.

  • “Netanyahu: Israel preparing for wide-scale campaign in Gaza.”
  • The Trump Administration is treating illegal aliens horribly. And by “horribly,” I mean “demonstrably better than the Obama Administration.”
  • Eastern Europe doesn’t have an immigration problem, it has an emigration problem.

    In essence, the EU’s freedom of movement guarantees an absence of barriers for anyone looking for a job within the 28 countries and makes discrimination based on nationality in work or employment illegal. For many of the EU’s new entrants in the East—including Poland, Hungary and Romania—a future where capital and people could move more freely between themselves and France, the UK, or Germany looked like a fast-track to the top-tier of developed nations. But somewhat ironically, it has only accelerated the departure of those who are crucial to getting there.

    In the last century, Eastern Europe has suffered the most dramatic population decline in recent history. According to one study, between 2013 and 2016, approximately 230,000 people left Croatia—a country with a population of only four million—for the 11 “core EU countries” of Western Europe. In the United States, this would be the equivalent of a city the size of Chicago leaving every year. This mass exodus of people is not lost on the country’s politicians; last year the Croatian President called the freedom of movement the “biggest drawback” of the EU. “Mobility is good, as long as people come back. But Croatia is now recording strong negative demographic trends,” she said during a visit to Brussels.

    Since Latvia joined the EU, it has lost one-fifth of its population. Romania, a country that according to one organisation is due to see the most drastic population decline, has seen over three million leave the country since it joined the EU in 2007. It lost half of its doctors between 2009 and 2015, the vast majority to better-paid employ in the richer hospitals and surgeries of Western Europe, leaving its health service poorly staffed and on the brink of collapse. High mortality (including infant mortality) and low birthrates are only accelerating the decline.

    Large-scale migration of healthcare workers from East to West has been an uncomfortable reality for over a decade, and the young needn’t travel long distances to drastically increase their standard of living. One Estonian doctor who graduated from medical school in 2001 was able to quadruple his salary by moving only 200 kilometres to Finland. In 2018, Denmark enjoyed the EU’s highest average gross annual pay at nine times that of the continent’s lowest in Bulgaria. Who can blame those who head for the greener pastures on the other side?

    It’s not just highly skilled labor. When I visited London, it seemed that at least half the workers in restaurants and hotels were from eastern Europe.

  • Dwight found an amazing story of corruption in the Honolulu DS’s office. (One guess as to which party controls Hawaii.) The list of sleazy crimes Katherine Kealoha engaged in is staggering.
  • Engineer convicted of smuggling military computer chips to China.

    Prosecutors alleged that Shih, alongside co-defendant Kiet Ahn Mai of Pasadena, California, conspired to gain access to a sensitive system belonging to an unnamed US firm which manufactured semiconductor chips and Monolithic Microwave Integrated Circuits (MMICs).

    The victim company’s PC systems were accessed fraudulently after Mai posed as a potential customer, giving Shih the opportunity to obtain custom processors. While the firm in question believed the chips would only be used in the United States, Shih transferred the products to the Chengdu GaStone Technology Company (CGTC), a Chinese firm building an MMIC manufacturing plant.

    Last time I checked, finding electrical engineers with experience designing RF circuits for mixed signal ICs is hard. I bet finding those that can design MMICs is even harder…

  • Speaking of Chinese espionage, it turns out that Cisco inadvertently embedded Huawei signing certificates deep within some of their switches. (Hat tip: Director Blue.)
  • “Amy Coney Barrett Strikes a Blow against Campus Kangaroo Courts:”

    Whenever I read a court opinion describing a campus sexual-assault proceeding, I routinely find myself shocked at the staggering unfairness and ridiculous bias of campus kangaroo courts. Driven by the need to find more men guilty — and rationalized by a #BelieveWomen ideology — campus administrators have systematically discarded every fundamental notion of due process in American law.

    Across the nation, courts on the right and on the left are saying no. They’re blocking biased sexual-assault adjudications, protecting basic fairness, and restoring a degree of sanity to colleges’ procedures. On Friday it was the turn of the Seventh Circuit Court of Appeals to protect the Fourteenth Amendment, and an all-woman panel, led by Judge Amy Coney Barrett, established a precedent that could be used against woke college administrators nationwide.

    The facts of the case are extraordinary. After a female college student accused her ex-boyfriend of groping her in her sleep, Purdue University conducted an investigation and adjudication so amateurish and biased that it’s frankly difficult to imagine that human adults could believe it was fair or adequate. The plaintiff (John Doe) alleged that he was “not provided with any of the evidence on which decisionmakers relied in determining his guilt and punishment,” his ex-girlfriend didn’t even appear before the hearing committee, he had “no opportunity to cross-examine” his accuser, the committee found his accuser credible even though it did not talk to her in person, the accuser did not even write her own statement or provide a sworn allegation, and the committee did not allow the plaintiff “to present any evidence, including witnesses.”

    After that farce of a process, Purdue found the student guilty and suspended him for a year. The suspension meant the automatic loss of the student’s Navy ROTC scholarship and expulsion from the ROTC program. Incredibly, the lower court dismissed the student’s claims. He appealed to the Seventh Circuit, and a unanimous panel resurrected his lawsuit.

    The conclusion is that campuses are are blaming men as a class and this is a clear violation of Title IX. (Hat tip: Instapundit.)

  • “I have never met antisemitism in Britain…until now.”

    I generally come to Britain from my home in Portugal whenever a new work of mine is released to give talks at bookshops, libraries and literary festivals. My publisher’s attempts to interest event organisers in me aren’t always successful, of course. But this year, for the first time, I have been turned down for being Jewish. A little context. Peter Owen Publishers launched my new novel, The Gospel According to Lazarus, in mid-April. An old friend of mine who is a part-time book publicist began trying to set up events for me three months earlier.

    In early March, he called and confessed – in a distressed tone I’d never heard before – that he had just been turned down by two cultural organisations that had previously shown enthusiasm for hosting an event with me. “They asked me if you were Jewish, and the moment I said you were, they lost all interest,” he said. “They even stopped replying to my emails and returning my phone messages.”

    Snip.

    Has the Boycott, Divestment and Sanctions movement played a role in deepening this atmosphere of fear? That’s what my friends in the UK tell me. They also speak bitterly of the unwillingness of the Labour party to take a firm stand against antisemitic discourse. If cultural organisations are afraid of hosting events for Jewish writers, then Britain has taken a big step backwards.

    Let’s not get sidetracked with references to Israel. Although it’s perfectly legitimate for those who oppose Netanyahu’s policies to protest against them, I have no connection with Israel. I have neither investments nor family there. And my most well-known books take place in Portugal and Poland. It’s true my new novel is set in the Holy Land, but it takes place 2,000 years before the foundation of the state of Israel.

    Of course, that piece is from that notorious bastion of right-wing belief, The Guardian

  • Broward Count Sheriffs office loses accreditation.
  • On the Betsy Ross Flag:

  • Guadalajara hit by several inches of golfball-sized global warming.
  • Mad magazine is shutting down.
  • Does the Navy have patents for UFO-like craft? Sure looks like it, but I suspect we’re just farking with the Chinese…
  • Think Progress is a money-losing rathole.
  • Invasion of the killer alien tick. (Hat tip: Woodpile Report.)
  • Attention everyone: Mess with our Blue Bell and we are coming for you. Signed, Texas.
  • Florida man find out the hard way that cocaine and fugu don’t mix. And they’re not great for you separately, either… (Hat tip: Instapundit.)
  • “Hillary Proposes Reparations To Anyone Who Ever Lost A Presidential Election To Trump.”
  • Trump Supreme Court Pick Roundup

    Monday, July 9th, 2018

    In advance of President Donald Trump announcing his nominee to the Supreme Court to replace retiring justice Anthony Kennedy tonight, here are a few links of interest on the subject:

  • The Volokh Conspiracy’s Jonathan Adler looks at President Trump’s reported finalists:

    According to press reports, rollout packages have been prepared for four potential nominees, all of whom sit as judges on U.S. Courts of Appeals: Brett Kavanaugh (D.C. Circuit), Raymond Kethledge (6th Circuit), Amy Coney Barrett (7th Circuit), and Thomas Hardiman (3rd Circuit). All four potential nominees are on Trump’s list of 25 potential SCOTUS nominees, and all four are highly qualified jurists of the sort the President said he would appoint.

  • Jim Geraghty is hoping for Amy Comey Barrett, just to watch the left-wing anti-Catholic freakout:

    The way Senate Democrats treated Barrett last autumn — in particular, Senator Dianne Feinstein’s argument that Barrett was simply too religious and too devoutly Catholic to serve on the bench, declaring, “the dogma lives loudly within you,” revealed an argument this country needs to have: whether the country accepts deeply religious people in positions of legal authority.

    (It’s kind of amazing that a country that has freedom of religion, that was founded in part by Pilgrims, was a beacon for those seeking religious freedom for generations, and that has had George Washington, John Adams, Dwight Eisenhower, John Kennedy, Jimmy Carter, Ronald Reagan, and George W. Bush as presidents would even need to have this debate. But it is illustrative of how different the modern Left is from previous generations.)

    Yes, there are plenty of progressive and Democratic Catholics in this country. But I don’t think you have to look too hard to find progressives who believe, more or less, that devout Catholics — perhaps devout Christians of any stripe — simply can’t be trusted to rule on the law and should be prevented from serving in the judiciary whenever possible. A Catholic judge can insist, loudly and often, that they believe their role as a judge is to rule on the law and the Constitution alone, and that while their faith no doubt shapes their values and their worldview — as much as any religion, philosophy, or atheism shapes the values and worldview of any other judge — and some progressives will insist it’s all a ruse. Some are determined to see any religiously active Christians as theocrats in black robes. (As this 2007 cartoon demonstrates, the arguments are sometimes not that subtle at all; merely an affiliation with a Catholic faith makes you an agent of the Pope.)

    You know that if Barrett is the nominee, someone on the Left will make an openly sexist criticism. You know her seven children will be discussed in depth. You know that someone will inevitably make an argument that amounts to, “Look, if we’re going to allow Catholics to be judges, they at least have to be lapsed Catholics.”

    Why do some progressives see Catholics and/or Christians as aspiring dictators from the bench, eager to toss away any established rights, established traditions, and impose an oppressive doctrine on the entire country and stifle dissent and differing points of view?

    Because that’s how some progressives see the role of the judiciary.

  • Contrasting Amy Comey Barrett with Ruth Bader Ginsburg.
  • Democratic Senator Dick Durbin of Illinois thinks other Democratic senators should be just fine and dandy with losing their own senate seats in order to defeat President trump’s Supreme Court pick, whoever it is. I wonder what that would accomplish, given that President Trump could just resubmit them to a more Republican senate for approval come January…
  • Via Adler comes news that there’s a FantasySCOTUS page where people can vote for their preferred pick. Barrett is leading there.
  • “Sen. Kirsten Gillibrand (D., N.Y.) said Thursday the upcoming fight over President Donald Trump’s Supreme Court nominee was about whether the country would ‘criminalize women.'” OK, you caught us! At our Secret Patriarchal Oppressor Tribunals (SPOT), we often opine “Hey, what if we just threw everyone with two X chromosomes into prison! That would solve all our problems!” Good times, good times…