Tag: Alito

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There’s been much consternation over Justice Gorsuch’s and Roberts’ majority opinion in Bostock v Clayton County. It’s both a major new application of existing law with far reaching effect AND is something Congress has tried but failed to do. As a default, I think the dissent in the case makes sense: the court shouldn’t impose […]

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I confess I am pleasantly surprised at the strong stand GOP senators are making against confirming any Obama appointment to replace Justice Scalia. Perhaps after all the sturm und drang of the Harriet Meyers nomination, GOP officials finally are getting trained to behave like actual conservatives regarding court appointments. If so, it raises again the […]

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Promoted from the Ricochet Member Feed by Editors Created with Sketch. Will Another Alito Ever Be Confirmed?

 

Bush-Alito-051031After the Supreme Court’s latest term, a line has been drawn in the sand so clearly that even a RINO can see it without glasses.

The Obergefell decision is fairly fragile. Justice Kennedy might resign during the next president’s term, and a Republican president might appoint his replacement. But if the current balance of the court is in danger of being pushed rightward*, the Democrats will do anything to stop it. They will use the filibuster and leave the seat unoccupied, for years if necessary.

In this scenario, our best hope is that the GOP holds firm and refuses to accept another moderate like Kennedy. As long as Republicans has a majority in the Senate, they should use all available countermeasures against the filibuster, blocking bills and even holding payment of federal employees as ransom.