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An emergency meeting has been called in the faculty lounge as professors Richard Epstein and John Yoo react to the death of Supreme Court Justice Ruth Bader Ginsburg, sharing their personal remembrances of the late justice and reflecting on her judicial legacy. Then, an analysis of what’s to come: Should the Senate steam ahead with confirmation (there’s a divide in the faculty lounge)? Which of the prospective nominees should President Trump choose? What are the odds that the GOP will once again find itself undermined by a justice who ‘evolves’ on the court? And how credible are Democratic threats of court-packing? All that and more in our comprehensive coverage of the biggest legal story of the year.
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Interesting photo, but what the heck happened to Troy’s neck?
Today I learned preemptive surrender isn’t something only conservatives do, apparently libertarians also do it.
Let’s see… Reagan if you give us amnesty we will pass enforcement. Hmmmmm. Still waiting.
I have a deal for the Democrats. After we fill this seat in accordance with norms we promise that if you pack the court breaking 200 years of tradition the next chance we have we will pack it 100x harder. Thats the deal you can have.
Packing the court is one step closer to banana republic and civil war. If the dems had any sense of country and didn’t feel compelled to rush off a cliff they wouldn’t even talk about it. But sadly, we have probably already crossed the line and they just cannot help themselves pushing things over the edge.
I, perhaps because I am a woman, was more interested in the chests myself. Is Professor Yoo’s chest so bad that we cannot even get a peek? I would think he might have a pretty good chest after all that midnight gardening.
Some people know how to bargain, and some people don’t.
I remember when Senator Flake agreed to delay the Kavanaugh vote an extra week; and in return, the Democrats gave him — nothing! Absolutely nothing! Jeff was a sucker as well as a flake.
Similarly, Professor Epstein‘s idea of a compromise is like with a robber who agrees to take half your money instead of all of it.
“If you promise not to hurt me, you can have whatever you want!“
Democrats: “Hey, this threatening violence really works. We’ve got to do it again and again and again!“
Fortunately, Cocaine Mitch is not such a fool.
To quote Winston Churchill, “Some chicken! Some neck!”
Sadly, I recognize Richard Epstein’s fear, but it is a fear to be resisted and overcome through clearly and forcefully pushing back, and the President and the Senate doing their constitutional duty consistent with hundreds of years of practice and “norms”. It is outrageous that Democrats (again) have been talking about packing the court, since before RBG died. That they have created the word “Borking”, trying it later on Thomas and Kavanaugh, and will no doubt do so again. John Yoo is correct: there is no bargain or deal to be made with them, as they are without both honor and shame – thus no promise will be kept. So often the hysterical screams of the Democrats have been taken seriously by people of good will, to our detriment. The young child’s temper tantrum should not set policy for the adults, and whenever one gives in it is bad for all involved.
Dems have to win both the Senate and White House to pack court. Dems haven’t played in good taste since Bork. Their treatment of Kavanaugh was the red line and they crossed it. No Republican response has checked their abhorrent behavior and desire to legislate through the courts. The rogue judges blocking Trump have added to our anger over that branch because it appears to be as corrupted by lefties as the other branches. Dems have telegraphed all their intolerable goals. They won’t get sympathy from me over the nomination of ACB.
I am tired of hearing about Garland. That was an Obama stunt. Dems thought Hillary would win and even felt they would likely take back the Senate. At the time, it was really a debate between Obama’s pick and a likely Hillary pick, who would be more distasteful. Based on what we have heard, even RBG held on so Hillary could pick her replacement. Both sides picked their strategy, Republicans won that hand.
Dems are threatening a lot of things, but better consider the blowback.
Richard Epstein position seems to be keep letting the Democrats / Lefts / BLM / AntiFa have their way because to stop them means they will ramp up to even higher levels. Basically take the beattings now or they will beat you worse later. Wonderiful constitution we have here. It seems to only defend those that do not respect it.