21

Nuke Them Till They Glow

 

The Democrats have decided to filibuster the nomination by President Trump of Judge Neil Gorsuch to the Supreme Court.  There never has been the use of a filibuster to block a Supreme Court nomination in our nation’s history except for the case of LBJ who nominated Justice Abe Fortas, former Johnson mouthpiece, to be the Chief Justice in 1968.  His nomination fell to a bipartisan filibuster after it became known that Fortas, while on the Court, served as a Johnson adviser and, in effect, as an unofficial member of Johnson’s cabinet.  It didn’t help that, as in the case of the man who nominated him, Fortas was suspected of being a crook, a suspicion which was proved in 1969 when public outcry forced Fortas to resign from the Supreme Court.

The filibuster is a creature of the Senate rules, and like any rule in the Senate may be changed by simple majority vote.  Ridding the Senate of the filibuster is called the nuclear option.  The Senate went nuclear on November 21, 2013 when former Majority Leader Harry Reid, tiring of Republicans filibustering Obama’s lower court nominees, as the Democrats had the lower court nominees of Bush, pulled the nuclear trigger on November 21, 2013 to get rid of the filibuster in regard to lower court appointees. Continue Reading

8

Trump Picks Gorsuch

 

Ours is the job of interpreting the Constitution. And that document isn’t some inkblot on which litigants may project their hopes and dreams for a new and perfected tort law, but
a carefully drafted text judges are charged with applying according to its original public meaning.

Judge Neil Gorsuch, concurring opinion, STEPHAN CORDOVA, Plaintiff – Appellant v. CITY OF ALBUQUERQUE, et al, Defendants-Appellees

President Trump hit a homerun with his choice of Neil Gorsuch, currently an appellate judge on the US Tenth Circuit.  Universally recognized as brilliant, he writes in a clear and concise manner that makes his decisions understandable by laymen who have not wasted three years of their life in law school.  Currently 49 years old, when he was appointed by President Bush to the 10th Circuit he was approved by the Senate unanimously.

 He is an originalist who believes that the text of the Constitution must be interpreted as the words were commonly understood at the time the portions of the Constitution were adopted.  He is noted as a friend of religious liberty and, in his extra-judicial writings, as a defender of innocent human life.  The quote above and the quote below indicate that he understands the role that our courts should play in our Republic:

“American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda on everything from gay marriage to assisted suicide to the use of vouchers for private-school education,” he wrote. “This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary.”

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