Trump’s Acquittal and American Democracy

Has this precedent permanently damaged the country? Or is it just politics as usual?

Trump Has Already Fixed His Impeachment Trial In The Senate

The trial phase of the Trump impeachment is set to be an absolute partisan joke.

You Bet Republicans Would Break The “Garland Rule” To Fill A SCOTUS Seat

Anyone who doubts that Republicans would fill a Supreme Court vacancy in 2020 is being incredibly naive.

This is What Support for Authoritarianism Looks Like

Rich Lowry puts preferred outcomes over constitutional process.

Conservatism without Originalism

A defense of a modest philosophy of judicial interpretation.

While Democrats Debate, Republicans Push Forward On Judges

While Democrats debated among themselves about health care plans that will likely never become law, Republicans were pushing forward with judicial confirmations.

RBG Speaks Out Against Court Packing Schemes

Ruth Bader Ginsburg isn’t very impressed by the proposals made by several liberal politicians lately to increase the size of the Supreme Court to counterbalance the conservative tilt created by the Gorsuch and Kavanaugh confirmations.

Joe Biden Says He’d Consider Appointing Merrick Garland To SCOTUS. No, He Won’t.

Joe Biden recently said that he’d consider nominating Merrick Garland again if there were a Supreme Court vacancy while he was President. Don’t count on it.

People For The American Way STOP GORSUCH FOR SUPREME COURT JUSTICE RALLY in front of the United States Supreme Court on First Street, NE, Washington DC on Tuesday night, 31 January 2017 by Elvert Barnes Protest Photography People For The American Way STOP GORSUCH FOR SUPREME COURT JUSTICE RALLY in front of the United States Supreme Court on First Street, NE, Washington DC on Tuesday night, 31 January 2017 by Elvert Barnes Protest Photography

Gorsuch Confounding Expectations

President Trump’s first Supreme Court appointment has joined the liberal bloc on several cases.

McConnell Says Senate Would Fill SCOTUS Vacancy In 2020

Mitch McConnell has had an unsurprising change of heart on the issue of Senate consideration of Supreme Court nominees in a Presidential election year.

McConnell Would Fill Court Vacancy in 2020

Hypocritical? Sure. Surprising? No.

Louisana’s Democratic Governor to Sign Abortion Ban

Jon Bel Edwards is a reminder that our divide is cultural, not just partisan.

The Do Nothing Senate

Other than confirming a lot of Trump Judges, the Senate has not been getting much work done so far this year.

Reforming the Supreme Court

A novel proposal for making SCOTUS appointments more responsive to election outcomes.

Packing the Courts with Young Judges

The Senate yesterday confirmed a 37-year-old to a lifetime Court of Appeals seat.

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Another Possible Supreme Court Retirement?

Supreme Court watcher Jeffrey Toobin speculates that Clarence Thomas could be the next Supreme Court Justice to step aside.

Politics is not about Willpower

Math rules.

Chuck Grassley Says He Wouldn’t Consider SCOTUS Nominee In 2020

Senate Judiciary Committee Chairman Chuck Grassley says he would not consider a Supreme Court nominee in 2020. But does he really mean it?

Of Course Mitch McConnell Would Allow a Vote on a Trump Nominee

The Merrick Garland precedent is power politics, nothing more.

Cold Civil War or Civil Cold War?

The Kavanaugh fight is just another indicator of our national divide.

White House Has No ‘Plan B’ If Kavanaugh Nomination Fails

The GOP has no alternative but to push forward with the Kavanaugh nomination, because they don’t have a viable alternative at this point.

Is the Federalist Society Nefarious?

By popular demand . . .

Kavanaugh and Gorsuch Yearbooks

A telling contrast of two Georgetown Prep schoolmates.

Brett Kavanaugh Takes Refuge In The Friendly Confines Of Fox News Channel

In what appears to be a first, Judge Brett Kavanaugh took to the media to defend his nomination. Not surprisingly, he chose a friendly venue.

Job Interviews and Criminal Accusations

Why a much-cited analogy in the Brett Kavanaugh controversy is problematic.

Historical Perspective on SCOTUS Nominations

Despite what seems to be the prevailing mythos, most nominations fights are nothing like the current one.

My Bottom Line on the Kavanaugh Situation

My last post on this subject for the weekend (I think).

Kavanaugh Nomination At An Impasse Over Hearing On Sexual Assault Charges

The status of Judge Brett Kavanaugh’s confirmation remains up in the air, as does the question of whether or not Christine Blasey Ford will appear for a hearing on Monday morning.

Sunstein’s Muddled Take on Kavanaugh

I’m not the only one confused on what to do about the allegations against President Trump’s nominee to replace Anthony Kennedy.

No Questions (Or Answers), But Plenty Of Fireworks At Kavanaugh Hearing

The first day of the Kavanaugh confirmation hearings was much ado about pretty much nothing, but then that can be used to describe a process whose outcome is pretty much foreordained.

Should Kavanaugh Confirmation Wait for the Midterms?

Tom Nichols argues it should. I disagree.

Ruth Bader Ginsburg Not Going Anywhere

Justice Ruth Bader Ginsburg says she’d like to stay on the Court at least until she turns 90, but it’s unlikely she’ll go anywhere voluntarily as long as Donald Trump is President.

Early Polling Finds Public Lukewarm On Kavanaugh Nomination

Initial polling on Brett Kavanaugh’s nomination to the Supreme Court find the public more divided than they have been for other recent SCOTUS picks, but that’s unlikely to impact the fate of his nomination.

The Most Normal Thing about the Trump Administration

In one area (with an important caveat) this has been a pretty normal administration.

Majority Of Americans Want New Supreme Court Justice Confirmed Before Midterms

Democrats are making largely meaningless appeals to the so-called ‘Merrick Garland Precedent” to argue for a delay in confirming the President’s next Supreme Court nominee. The American people feel differently.

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Outrage Over Minority Rule

There is a frustration and a growing sense that the American political system is illegitimate.

White House Plans Supreme Court Pick By July 9th

The White House is hoping for a relatively quick turnaround time to pick a replacement for Justice Anthony Kennedy.

How’s That ‘Living Constitution’ Working Out for You?

Progressive enthusiasm for the notion that our governing framework is dynamic and ought be constantly updated by the judiciary is waning.

The Merrick Garland Precedent and the Kennedy Vacancy

The unconscionable violation of norms in 2016 won’t apply in 2018; it’s a matter of power, not principle.

Associate Justice Anthony Kennedy Announces Retirement

After thirty years on the bench, during which he played a central role in some of the Supreme Court’s most significant rulings, Justice Anthony Kennedy is retiring.

D.C. Circuit To Provide Live Audio Streaming Of Nearly All Argued Cases

One of the most prominent Circuit Courts of Appeal in the nation will begin live-streaming nearly all of their oral arguments.

Once Again, Retirement Speculation Circles Around Justice Kennedy

With the end of the Supreme Court term approaching, speculation about a Kennedy retirement is ramping up again.

Challenges to the Health of American Democracy

Democratic norms are eroding.

Republicans Say They Have a Final Tax Bill, But Senate Democrats Want A Delay

House and Senate Republicans say they have reached agreement on a final tax bill, and Democrats are engaging in an effort to delay a vote in the Senate until Doug Jones can be seated.

Anthony Kennedy Drops A Big Hint About Potential Retirement in 2018

Justice Kennedy is telling prospective law clerks for the term that beings in October 2018 that he is considering retiring at the end of the term that begins this October.

Another Supreme Court Vacancy This Summer?

The Chairman of the Senate Judiciary Committee is hinting at a new Supreme Court vacancy this summer.

Senate Invokes ‘Nuclear Option’ As Gorsuch Nomination Heads To Final Vote

As expected, Senate Republicans invoked the so-called ‘nuclear option’ to move the nomination of Judge Neil Gorsuch forward to a final vote on Friday.

Senate Committee Advances Gorsuch Nomination As ‘Nuclear Option’ Becomes Inevitable

The Senate Judiciary Committee voted to advance the nomination of Judge Neil Gorsuch even as it became inevitable that Republicans would be forced to invoke the ‘nuclear option’ to confirm him to the Supreme Court.

The Politics of Gorsuch

The ordinary and the extraordinary with the latest SCOTUS nomination.