Category: Supreme Court

The Kavanaugh Nomination: Trump Selects A Robertsesque Nominee

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Whitehouse.gov

Below is my column in the Hill newspaper on the nomination of Brett Kavanaugh to replace retiring Associate Justice Anthony Kennedy.  It seems likely that Kavanaugh will be confirmed absent some earth-shattering disclosure in the confirmation process.

Here is the column:

Continue reading “The Kavanaugh Nomination: Trump Selects A Robertsesque Nominee”

President Trump Nominates Brett Kavanaugh To Replace Justice Kennedy

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Whitehouse.gov

President Donald Trump has nominated Judge Brett Kavanaugh of the United States Court of Appeals for the District of Columbia to replace retiring Associate Justice Anthony Kennedy.  Kavanaugh was opposed by some conservatives and is not viewed as strongly anti-abortion as Amy Coney Barrett of the U.S. Court of Appeals for the Seventh Circuit. However, he is highly intelligent and accomplished.  I have a column out this morning in The Hill newspaper.

Continue reading “President Trump Nominates Brett Kavanaugh To Replace Justice Kennedy”

Why Big Fierce Nominees Are Rare

Supreme Court
Below is my column in the Hill newspaper on why the most creative and productive individuals are often disfavored in our modern confirmation system.  With the announcement of the new nominee this evening by President Donald Trump, we will have the state of a counterintuitive process that favors those who are the least forthcoming or open about their views.

Here is the column:  Continue reading “Why Big Fierce Nominees Are Rare”

Catching Roe: Republicans Face The Peril Of Success Of A Pro-Life Majority

Supreme CourtBelow is my column in USA Today on politics over Roe and the Supreme Court vacancy.  The new vacancy and the the earlier pro-life pledge of President Donald Trump is something of a bill come due for Republicans. It is a bill that some Republicans privately do not want to pay.

Here is the column: Continue reading “Catching Roe: Republicans Face The Peril Of Success Of A Pro-Life Majority”

Constitutional Time Out? Mueller Becomes Latest Basis For Opposing Any Trump Nominee

440px-Director_Robert_S._Mueller-_III440px-Official_Portrait_of_President_Donald_TrumpBelow is my column in The Hill newspaper on the latest rationale for opposing any nominee of President Donald Trump: that any nomination or confirmation must wait until the completion of the investigation by Special Counsel Robert Mueller.  It is a claim being voiced by both politicians and academics despite the absence of constitutional or historical support.

Here is the column:

Continue reading “Constitutional Time Out? Mueller Becomes Latest Basis For Opposing Any Trump Nominee”

“Correcting The Error”: Did Kennedy Cut His Own Tow Line In His Final Decisions?

1599px-Supreme_Court_of_the_United_States_-_Roberts_Court_2017Below is my column in the Washington Post on the implications of the resignation of Associate Justice Anthony Kennedy and his own decisions setting aside prior precedent.  Indeed, Kennedy’s last week before announcing his resignation reenforced the very arguments that could be used by a new conservative majority to strip away his legacy.  Indeed, Kennedy spent the last week eagerly sawing away on the branch on which he and his legacy rests.

Below is the column: Continue reading ““Correcting The Error”: Did Kennedy Cut His Own Tow Line In His Final Decisions?”

Justice Kennedy Rocks Washington With Retirement

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Justice Kennedy

The announced retirement of Associate Justice Anthony Kennedy has rocked Washington.  I have columns that will be coming out in both the Washington Post and The Hill addressing different aspects of this news.  However, the departure of the last Reagan nominee is obviously the end of an era for the Supreme Court as an institution.  As someone with well-known libertarian leanings, I have always had a strong identification with Kennedy’s jurisprudence.  While conservative in his approach, Kennedy believed that the most sacred role of the Constitution was to protect individuals in quest for meaning and identification in their lives.  I always found Kennedy both personally and judicially to be a man of grace and profound sensitivity.  I have long dreaded his leaving the Court, which will be the worst for his departure.

Continue reading “Justice Kennedy Rocks Washington With Retirement”