Tag: confirmation

Join Jim and Greg as they’re encouraged to see and hear strong indications that President Trump is doing much better in his fight against COVID-19 and may be back at the White House soon. They also wish that the White House had been more forthcoming with details of the president’s medical condition and that media didn’t hyperventilate with every piece of new information about the president’s treatment and other details. And they get a kick out of Sen. Chuck Schumer demanding that confirmation hearings for Amy Coney Barrett be postponed while senators are fighting COVID.

Doing Justice to the Barrett Nomination

 

To the glee of his conservative base and to the consternation of his progressive opponents, President Trump has nominated Amy Coney Barrett for a seat on the United States Supreme Court. My own preference, which was shared by others, such as Peggy Noonan, was to delay a vote on the nominee until after the election. But the course of events has moved rapidly in the other direction, and a no-holds-barred nomination fight is now upon us.

In earlier times, Judge Barrett’s consistent level of high performance would have led to confirmation by acclamation under the now-disregarded practice of evaluating a judge’s legal understanding and technical competence, independent of her political orientation. But these are not normal times. Indeed, the current fight resembles the appointment of John Marshall, our greatest chief justice, to the Supreme Court by President John Adams on March 3, 1801, the day before Thomas Jefferson was sworn in as president.

Senator Mitch McConnell’s prompt announcement that the president would move forward with the nomination rests on the fact that McConnell had sufficient votes in his pocket. McConnell and Trump may think that they will gain a powerful political advantage by forcing the Democrats into a two-pronged strategy of massive resistance. The first is an all-out attack on Barrett for her religious associations, most notably her membership in People of Praise, a predominantly Roman Catholic faith community formed in 1971. The second is an institutional challenge, represented by Senator Elizabeth Warren’s adamant refusal to confirm a new Supreme Court justice until after inauguration on January 20, 2021. The Democratic playbook threatens to pack the Supreme Court if Barrett is confirmed, or to limit the appellate jurisdiction of the Supreme Court so that it could not review Biden administration proposals, like implementing the Green New Deal or increasing the rights and power of unions. Progressives by and large are fearful of judicial intervention by a conservative court that would challenge their culture war victories, upset their efforts to reshape the economy from top to bottom, and remake the regulatory world to be friendlier to business.

Join Jim and Greg as they welcome Sen. Dianne Feinstein – the top Democrat on the Senate Judiciary Committee – saying she opposes ending the legislative filibuster. Without killing the filibuster, Democrats would be unable to add seats to the Supreme Court, but is Feinstein sincere or is she just worried about touting court packing before the election? They also brace for a violent day or more in Louisville as officials announce whether police officers will face charges for the shooting death of Breonna Taylor in March. And they unload on media outlets for not only beginning to attack possible Supreme Court nominee Amy Coney Barrett but for getting the story spectacularly wrong.

Alexandra DeSanctis of National Review and Greg Corombos of Radio America applaud the Senate for confirming Brett Kavanaugh and, more importantly, for standing up for defending some of the most fundamental principles of the American system of government.  They also sigh as former Attorney General Eric Holder says the legitimacy of the Supreme Court is now in question and only upcoming rulings can answer the question, and Justice Elena Kagan questions whether the high court is legitimate now that there’s no obvious swing justice like Anthony Kennedy or Sandra Day O’Connor.  Alexandra sounds off on a New York Times op-ed calling white women gender traitors who benefit from keeping the patriarchy in place.  And they roll their eyes as Columbus, Ohio, stops observing Columbus Day.

Jim Geraghty of National Review and Greg Corombos of Radio America applaud Senate Judiciary Committee Chairman Chuck Grassley for not humoring scurrilous accusations against Brett Kavanaugh and for demanding Dr. Ford turn over the evidence she claims will back up her allegations.  They also shake their heads as Sen. Jeff Flake suggests Kavanaugh’s demeanor towards committee Democrats is not something that belongs on the Supreme Court, making them wonder whether Republicans really have the votes for confirmation.  And they throw up their hands at how both sides react to Ford’s former boyfriend stating under oath that she helped a friend prepare for a polygraph examination, which would contradict her sworn testimony.  Some conservatives are treating the allegation as fact while liberals are suddenly horrified by the prospect of reporting uncorroborated accusations.

Jim Geraghty of National Review and Greg Corombos of Radio America are enjoying Hawaii Sen. Mazie Hirono getting so much television time.  One week after telling all men to “shut up” and admitting she was fine keeping the Supreme Court seat vacant, she admits to CNN that she doesn’t believe Kavanaugh’s denials on sexual misconduct allegations because she doesn’t like the way he rules on cases and fears he would overturn Roe v. Wade.  They also blast the “New Yorker” for actually publishing a story from a second “accuser,” despite the fact the accuser could not definitively name Kavanaugh for the misconduct, all named witnesses had no knowledge of the incident in question, and the accuser actually told former classmates in the past week that she wasn’t sure she was targeted by Kavanaugh.  And they get dizzy from all the reports that Deputy Attorney General Rod Rosenstein is on the verge of resigning or being fired.

Jim Geraghty of National Review and Greg Corombos of Radio America discuss the allegation emerging now against Brett Kavanaugh but dating back to the 1980’s, and while the allegation is disturbing, they agree a lot more specifics need to come out before it can be taken credibly.  They also applaud Justice Ruth Bader Ginsburg for blasting the rank partisanship that has become  a hallmark of Supreme Court confirmation debates.  And they slam the New York Times for clearly implying that UN Ambassador Nikki Haley ordered $52,000 curtains for her ambassadorial residence in New York City, when the same article makes it clear the spending decision was made in the Obama administration.

Jim Geraghty of National Review and Greg Corombos of Radio America applaud the confirmation of CIA Director Gina Haspel, discussing the six Democrats who ended up back the nomination and their likely political calculations.  They also shudder at reports that efforts are underway to create a TV show featuring former Trump aide Anthony Scaramucci and Stormy Daniels attorney Michael Avenatti.  And they walk through the rough public relations performance of former New York City Mayor Rudy Giuliani, who seems to be creating more controversies than he’s resolving.

Note: The Texas high school shooting was first being reported at the time the podcast was recorded Friday morning.  Details were scarce and Jim and Greg determined it was irresponsible to comment on it until the facts are established.  Certainly, our prayers are with the families of those killed and for the recovery of those injured.